What’s In the Big Bill for Us? Renewables Revenue and Counties

This is really above my pay grade, but it seems like the Big Bill changes the way developers are charged for solar and wind installations on federal land, both FS and BLM.  I don’t know what they were before, so I don’t know how significant the changes are.  I posted the section below, but it’s both long and cryptic. I’ve been looking for someone knowledgeable to weigh in, but so far all I got was AI based on earlier versions of the bill. IF someone finds an explanation of the current language, please link in the comments.

Two things that are clear.. BLM discretion to lower fees has been removed, and counties get to keep part of the receipts.

Someone can tell us how different the rent calculations are than previous.

Here’s the section.. be glad that you don’t have to calculate these formulas! It appears that of all the various permits and rents, the Bill says that 25% goes to the State and 25% to the Counties, with other 50% going to the Treasury. Hopefully, our BLM friends can tell us if this is like other kinds of rents and permits. I did find this fairly complex chart of what happens to oil and gas revenues in a recently updated Congressional Research Service report.

Anyway, below is the text.

(9) SECRETARY.—The term ‘‘Secretary’’
4 means—
5 (A) the Secretary of the Interior, with re6
spect to land controlled or administered by the
7 Secretary of the Interior; and
8 (B) the Secretary of Agriculture, with re9
spect to National Forest System land.
10 (b) ACREAGE RENT FOR WIND AND SOLAR RIGHTS11
OF-WAY.—
12 (1) IN GENERAL.—Pursuant to section 504(g) of
13 the Federal Land Policy and Management Act of  1976 (43 U.S.C. 1764(g)), the Secretary shall, subject
15 to paragraph (3) and not later than January 1 of
16 each calendar year, collect from the holder of a right17
of-way for a renewable energy project an acreage rent
18 in an amount determined by the equation described
19 in paragraph (2).
20 (2) CALCULATION OF ACREAGE RENT RATE.—

(A) EQUATION.—The amount of an acreage
22 rent collected under paragraph (1) shall be deter23
mined using the following equation: Acreage rent
24 = A × B × ((1 + C)D)).

(B) DEFINITIONS.—For purposes of the
2 equation described in subparagraph (A):
3 (i) The letter ‘‘A’’ means the Per-Acre
4 Rate.
5 (ii) The letter ‘‘B’’ means the Encum6
brance Factor.
7 (iii) The letter ‘‘C’’ means the Annual
8 Adjustment Factor.
9 (iv) The letter ‘‘D’’ means the year in
10 the term of the right-of-way.
11 (3) PAYMENT UNTIL PRODUCTION.—The holder of
12 a right-of-way for a renewable energy project shall
13 pay an acreage rent collected under paragraph (1)
14 until the date on which energy generation begins.
15 (c) CAPACITY FEES.—
16 (1) IN GENERAL.—The Secretary shall, subject to
17 paragraph (3), annually collect a capacity fee from
18 the holder of a right-of-way for a renewable energy
19 project based on the amount described in paragraph
20 (2).
21 (2) CALCULATION OF CAPACITY FEE.—The
22 amount of a capacity fee collected under paragraph
23 (1) shall be equal to the greater of—
24 (A) an amount equal to the acreage rent de25
scribed in subsection (b); and
195
† HR 1 EAS
1 (B) 3.9 percent of the gross proceeds from
2 the sale of electricity produced by the renewable
3 energy project.
4 (3) MULTIPLE-USE REDUCTION FACTOR.—
5 (A) APPLICATION.—The holder of a right-of6
way for a wind energy generation project may
7 request that the Secretary apply a multiple-use
8 reduction factor of 10-percent to the amount of
9 a capacity fee determined under paragraph (2)
10 by submitting to the Secretary an application at
11 such time, in such manner, and containing such
12 information as the Secretary may require.
13 (B) APPROVAL.—The Secretary may ap14
prove an application submitted under subpara15
graph (A) only if not less than 25 percent of the
16 land within the area of the right-of-way is au17
thorized for use, occupancy, or development with
18 respect to an activity other than the generation
19 of wind energy for the entirety of the year in
20 which the capacity fee is collected.
21 (C) LATE DETERMINATION.—
22 (i) IN GENERAL.—If the Secretary ap23
proves an application under subparagraph
24 (B) for a wind energy generation project
25 after the date on which the holder of the
196
† HR 1 EAS
1 right-of-way for the project begins paying a
2 capacity fee, the Secretary shall apply the
3 multiple-use reduction factor described in
4 subparagraph (A) to the capacity fee for the
5 first year beginning after the date of ap6
proval and each year thereafter for the pe7
riod during which the right-of-way remains
8 in effect.
9 (ii) REFUND.—The Secretary may not
10 refund the holder of a right-of-way for the
11 difference in the amount of a capacity fee
12 paid in a previous year.
13 (d) LATE PAYMENT FEE; TERMINATION.—
14 (1) IN GENERAL.—The Secretary may charge the
15 holder of a right-of-way for a renewable energy
16 project a late payment fee if the Secretary does not
17 receive payment for the acreage rent under subsection
18 (b) or the capacity fee under subsection (c) by the
19 date that is 15 days after the date on which the pay20
ment was due.
21 (2) TERMINATION OF RIGHT-OF-WAY.—The Sec22
retary may terminate a right-of-way for a renewable
23 energy project if the Secretary does not receive pay24
ment for the acreage rent under subsection (b) or the
1 capacity fee under subsection (c) by the date that is
2 90 days after the date on which the payment was due.
3 SEC. 50303. RENEWABLE ENERGY REVENUE SHARING.
4 (a) DEFINITIONS.—In this section:
5 (1) COUNTY.—The term ‘‘county’’ includes a
6 parish, township, borough, and any other similar,
7 independent unit of local government.
8 (2) COVERED LAND.—The term ‘‘covered land’’
9 means land that is—
10 (A) public land administered by the Sec11
retary; and
12 (B) not excluded from the development

solar or wind energy under—
14 (i) a land use plan; or
15 (ii) other Federal law.
16 (3) NATIONAL FOREST SYSTEM.—
17 (A) IN GENERAL.—The term ‘‘National For18
est System’’ means land of the National Forest
19 System (as defined in section 11(a) of the Forest
20 and Rangeland Renewable Resources Planning
21 Act of 1974 (16 U.S.C. 1609(a))) administered
22 by the Secretary of Agriculture.
23 (B) EXCLUSION.—The term ‘‘National For24
est System’’ does not include any forest reserve
25 not created from the public domain.
198
† HR 1 EAS
1 (4) PUBLIC LAND.—The term ‘‘public land’’
2 means—
3 (A) public lands (as defined in section 103
4 of the Federal Land Policy and Management Act
5 of 1976 (43 U.S.C. 1702)); and
6 (B) National Forest System land.
7 (5) RENEWABLE ENERGY PROJECT.—The term
8 ‘‘renewable energy project’’ means a system described
9 in section 2801.9(a)(4) of title 43, Code of Federal
10 Regulations (as in effect on the date of enactment of
11 this Act), located on covered land that uses wind or
12 solar energy to generate energy.
13 (6) SECRETARY.—The term ‘‘Secretary’’
14 means—
15 (A) the Secretary of the Interior, with re16
spect to land controlled or administered by the
17 Secretary of the Interior; and
18 (B) the Secretary of Agriculture, with re19
spect to National Forest System land.
20 (b) DISPOSITION OF REVENUE.—
21 (1) DISPOSITION OF REVENUES.—Beginning on
22 January 1, 2026, the amounts collected from a renew23
able energy project as bonus bids, rentals, fees, or
24 other payments under a right-of-way, permit, lease,
25 or other authorization shall—
1 (A) be deposited in the general fund of the
2 Treasury; and
3 (B) without further appropriation or fiscal
4 year limitation, be allocated as follows:
5 (i) 25 percent shall be paid from
6 amounts in the general fund of the Treasury
7 to the State within the boundaries of which
8 the revenue is derived.
9 (ii) 25 percent shall be paid from
10 amounts in the general fund of the Treasury
11 to each county in a State within the bound12
aries of which the revenue is derived, to be
13 allocated among each applicable county
14 based on the percentage of county land from
15 which the revenue is derived.
16 (2) PAYMENTS TO STATES AND COUNTIES.—
17 (A) IN GENERAL.—Amounts paid to States
18 and counties under paragraph (1) shall be used
19 in accordance with the requirements of section
20 35 of the Mineral Leasing Act (30 U.S.C. 191).
21 (B) PAYMENTS IN LIEU OF TAXES.—A pay22
ment to a county under paragraph (1) shall be
23 in addition to a payment in lieu of taxes re24
ceived by the county under chapter 69 of title 31,
25 United States Code.
1 (C) TIMING.—The amounts required to be
2 paid under paragraph (1)(B) for an applicable
3 fiscal year shall be made available in the fiscal
4 year that immediately follows the fiscal year for
5 which the amounts were collected.

What’s in the Big Bill For Us? II. Selling More Timber and Long-Term Contracts

Here’s what the text says:

SEC. 50301. TIMBER SALES AND LONG-TERM CONTRACTING
23 FOR THE FOREST SERVICE AND THE BUREAU
24 OF LAND MANAGEMENT.
*****
23 (A) IN GENERAL.—For each of fiscal years
24 2026 through 2034, the Secretary shall sell tim25
ber annually on National Forest System land in
1 a total quantity that is not less than 250,000,000 board-feet greater than the quantity of board-feet
3 sold in the previous fiscal year.
4 (B) LIMITATION.—The timber sales under
5 subparagraph (A) shall be subject to the max6
imum allowable sale quantity of timber or the
7 projected timber sale quantity under the applica8
ble forest plan in effect on the date of enactment of this Act.

(3) LONG-TERM CONTRACTING FOR THE FOREST
11 SERVICE.—
12 (A) LONG-TERM CONTRACTING.—For the pe13
riod of fiscal years 2025 through 2034, the Sec14
retary shall enter into not fewer than 40 long15
term timber sale contracts with private persons
16 or other public or private entities under sub17
section (a) of section 14 of the National Forest
18 Management Act of 1976 (16 U.S.C. 472a) for
19 the sale of national forest materials (as defined
20 in subsection (e)(1) of that section) in the Na21
tional Forest System.
22 (B) CONTRACT LENGTH.—The period of a
23 timber sale contract entered into to meet the re24
quirement under subparagraph (A) shall be not
189 less than 20 years, with options for extensions or
2 renewals, as determined by the Secretary.
3 (C) RECEIPTS.—Any monies derived from a
4 timber sale contract entered into to meet the re5
quirements under subparagraphs (A) and (B)
6 shall be deposited in the general fund of the
7 Treasury.

Then there are similar clauses for BLM.  Perhaps the FS will try to put up sales and long-term contracts, but companies would want to a) buy sales and b) enter into long-term contracts. It seems to me that all Congress can do is make the FS put up sales, and advertise contracts. As my Mom used to say “you can’t get blood out of a turnip.”  But it will be interesting to do the experiment and see what happens.

I have heard different things about 4FRI, and Jim Z. definitely knows more than I do, but perhaps long-term contracts are necessary but not sufficient to start/keep industry? Maybe others have ideas about successes and failures of long-term contracts?

What’s in the Big Bill For Us? I. Rescission of Unobligated IRA Bucks

The Bill says if unobligated, these $ are rescinded. Basically it pulls the reins in on certain funding that was in the IRA.    It’s one of those “both things are true” kinds of bills; while touted as a climate bill, there’s a great deal of random throwing around large sums of money.. in many cases, with a fairly tenuous relationship to climate change.  Of course, everything can be related to climate change, with enough imagination. I’ve used this version of the bill, which I hope is the current one.

SEC. 10201. RESCISSION OF AMOUNTS FOR FORESTRY.
3 The unobligated balances of amounts appropriated by
4 the following provisions of Public Law 117–169 are re5
scinded:
6 (1) Paragraphs (3) and (4) of section 23001(a)
7 (136 Stat. 2023).
8 (2) Paragraphs (1) through (4) of section
9 23002(a) (136 Stat. 2025).
10 (3) Section 23003(a)(2) (136 Stat. 2026).
11 (4) Section 23005 (136 Stat. 2027).

What are those?

23001

(3) $100,000,000 to provide for environmental reviews by
the Chief of the Forest Service in satisfying the obligations
of the Chief of the Forest Service under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 through 4370m–
12); and
(4) $50,000,000 for the protection of old-growth forests on
National Forest System land and to complete an inventory
of old-growth forests and mature forests within the National
Forest System.

I never really understood (3) as generally environmental review funding comes out of the program.  And $100 mill, was that from the IRA FS funding dartboard?

23002

1) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program a cost
share to carry out climate mitigation or forest resilience prac-
tices in the case of underserved forest landowners, subject
to the condition that subsection (h) of that section shall not
apply;
(2) $150,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program grants
to support the participation of underserved forest landowners
in emerging private markets for climate mitigation or forest
resilience, subject to the condition that subsection (h) of that
section shall not apply;
(3) $100,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program grants
to support the participation of forest landowners who own less
than 2,500 acres of forest land in emerging private markets
for climate mitigation or forest resilience, subject to the condi-
tion that subsection (h) of that section shall not apply;
(4) $50,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) to provide grants to states and other eligible
entities to provide payments to owners of private forest land
for implementation of forestry practices on private forest land,
that are determined by the Secretary, based on the best avail-
able science, to provide measurable increases in carbon seques-
tration and storage beyond customary practices on comparable
land, subject to the conditions that—
(A) those payments shall not preclude landowners from
participation in other public and private sector financial
incentive programs; and
(B) subsection (h) of that section shall not apply; a

23003 (a) (2)

(2) $1,500,000,000 to provide multiyear, programmatic,
competitive grants to a State agency, a local governmental
entity, an agency or governmental entity of the District of
Columbia, an agency or governmental entity of an insular area
(as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)), an Indian Tribe, or a nonprofit organization through
the Urban and Community Forestry Assistance program estab-
lished under section 9(c) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2105(c)) for tree planting and related
activities.

And 23005

SEC. 23005. ADMINISTRATIVE COSTS.
In addition to amounts otherwise available, there is appro-
priated to the Secretary for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $100,000,000 to remain
available until September 30, 2031, for administrative costs of
the agencies and offices of the Department of Agriculture for costs
related to implementing this subtitle.

************

It would be interesting to see exactly where all those funds went, if they were spent.  I’ve had trouble tracking it.. maybe others are more budget-astute. The below is from USA spending.gov and you can search on 10.727 | Inflation Reduction Act Urban & Community Forestry Program. What’s interesting is that so much was obligated and so little spent … I pulled this yesterday and I assume it’s current but it might not be.  For those who follow this kind of thing, in 2023 Greenlatinos  had 2.22 million in revenue. So there’s quite a bit of ramping up required, I guess since the FS gave them $25 mill (but they had only spent $2 mill as of the unknown date in USAspending.gov).
There was some talk about the point being stashing IRA money so it couldn’t be clawed back, so perhaps that was the idea all along, but as we have seen, it’s not working out that way.
But both Greenlatinos and HAF are getting bucks from big philanthropies, ..so not sure about their need for USG bucks. For some reason, the bar on the screenshot is blotting out The Arbor Day Foundation, which got $75 mill and spent $3.5 mill  (if this info is correct)..

Land Sales, the Shifting Language in the Senate Bill, and the TWS Map

This is what TWS thinks
“Map and analysis by The Wilderness Society using source data from BLM, USFS, USGS, NPS, and SENR reconciliation bill text as of June 16th 2025.”Check out your own area and compare with bill text. You can see the communities on my area on the map and compare them to the green (“potentially for sale”).

I was hoping not to write about this, at least until the language in the bill was settled, but there is so much lack of clarity around it right now, I thought I’d take a stab at it. I am generally against selling federal land (trades are better IMHO), and at least BLM has the authority to dispose of land anyway under FLPMA, but the House didn’t pass the sales section, so to me, it passing both houses still seems unlikely.

Let’s look past the more apocalyptic framings and start from a rational wonkish basis.

What is the problem as stated by proponents? Are there alternative ways to solve the problem?

Some towns and cities are surrounded by federal land and are growing in population.  So the federal land could be used potentially for housing, especially for building lower cost housing.  Now I’m sure that there is a think-tank somewhere that has analyzed leasing versus selling.  I suppose leasing would run into ongoing administrative costs, plus maybe legal liability?  But if you can permit a resort or a camp, why not housing?

Like I said about the Public Lands Rule, if you plan to change laws or rules to do things the agencies can already do, it would be helpful to have a rationale.  Sadly, political actors don’t seem to need rationales.  Maybe in a backroom somewhere a Senate legislative staff person is asking these questions and getting answers, but we aren’t (similar to the Public Lands Rule, again).

But what happens when this occurs (they already have tools to do this) is that people lose trust in that actually being the rationale and wonder if it’s really something else.  It could be that Senator Lee simply has a bug in his bonnet about federal lands due to the long history of his state and this is the current bug-effluence? Or is there something deeper.. millions of acres will be sold for other purposes and somehow when the other purposes are revealed there won’t be litigation?

Anyway, if they were policy folks and not pols, there would be problem framing and various options with pros and cons to solve the identified problem.

So here we are.  I think the Wilderness Society maps and numbers are questionable based on a need for housing because… I’m not sure the acres are crosswalked with proximity to communities which seems to be a requirement. Check out your own area. I can safely say there are no communities in proximity to many of the acres shown green in the area I know best.

Here’s the current language:

the extent to which the development of the tract of Bureau of Land Management land or National Forest System
” land would address local housing needs including housing supply and affordability)  or any associated infrastructure to support
local housing needs.”

and priorities:

(A) are nominated by States or units of  local governments;
(B) are adjacent to existing developed  areas;
(C) have access to existing infrastructure;
(D) are suitable for residential housing

Here’s what I like about it:

1. If sales are going to happen, which they do,  have an open process to nominate parcels (not smoke-filled rooms), everyone gets a chance

It’s a bit of a social justice issue for me. For example, it appeared that powerful political figures (Senator Harry Reid) may have existed in Nevada who designed not only sales but exactly where the money would go and got it passed in Congress (and why did money from the sales go to Lake Tahoe, which doesn’t seem close to Las Vegas?).  Is that fair to communities without powerful politicians?

2. Local governments and States do the nominating (no extra work for feds)

What I don’t like about it:

1.Targets (why?) (the agencies have enough to do, with fewer employees and smaller budgets)

2.Understanding why selling is better than leasing or permitting, or why this bill is needed instead of other ways of tweaking existing authorities.

***************************

There’s an interesting article in the Cowboy State Daily about the validity of the Wilderness Society map (caution, I think the checkerboard idea is gone from the current text, linked above, at least I searched on the word and couldn’t find it).

For example, the map shows nearly all of the Bridger-Teton National Forest could potentially be sold, as well as a huge chunk of the Bighorn Mountain Range in northern Wyoming.

In my experience, there are many acres in both areas that do not fit the bill’s requirement of “addressing local housing needs.” I think it would be much more difficult to map.  First you’d have to identify communities by some density or other cut-off (maybe the existence of a post office?). Then figure out if they have an affordability problem.  Then say take some amount say 50 acres? for each of these, if there happened to be NFS or BLM land “adjacent to developed areas.” We’d have to figure out how to define “developed areas” and maybe “adjacent” although that seems pretty clear. That’s how I’d do it, anyway.

Many groups have come out against what’s in the bill, or the general idea, including hunting groups, I think based on the generic idea of sales.  Hopefully people aren’t hunting “adjacent to existing developed areas.” I went down a side trail on this and found that 500 feet from homes is a general shooting rule. But across the country these distances vary greatly.

So it appears that a) the House rejected this. 2) The Senate is still working on language, 3) TWS posted a map which doesn’t IMHO address the language in any substantive way, 4) people react strongly to the map.

Like I said, I am not a fan of the current bill for my wonk-ish reasons. But I also think there’s something weird about how people believe.. maps.. perhaps more than words. I also get the “camel’s nose under the tent” view. But given that, could we still go back to “what is the problem?” and “what are potential solutions?”

Shout-Out to Megafire Action- FOFA Senate Bill Changes Analysis!


Note: Bob Zybach and I posted these at almost the identical time yesterday, so I changed the time on this to today, so it would be more visible to folks. Also since then, Tom Erb of Senator Hick’s office posted on X that FOFA is an “abundance bill.” If you’re not familiar with the Abundance idea promoted in this book according to Wikipedia it’s generally about “better managing the trade-offs between regulations and social advancement.” It’s always interesting to see what larger movements have to contribute (or not) to forest policy, so if someone would like to read and review the Klein and Thompson book for TSW, that would be great!

When I first ran into Matt Weiner of Megafire Action, I wondered “who are these people?”, “why are they in our space?” and “why is he talking about wildfire and I am moderating the panel?”.  I felt challenged to gracefully accept new people interested in our policy arena, and not be suspicious. They are big fans of the Wildfire Center, and I have some reservations about it.  Nevertheless, this group, working with others, has been successful at moving FOFA along- likely in a way that the traditional groups would not have been, so “by their fruits” and all that.

Folks I have spoken with in the past have had trouble getting through to various D staffs about this bill because to some any changes affecting litigation possibilities are a non-starter.  Thanks to a dedicated effort by many groups, FOFA has arrived as a bipartisan bill to the Senate.  People have been asking me about changes between the House and Senate Bills, and it looks like this is a nice summary by Megafire Action. So many thanks to them, both for helping shepherd the bill through and providing this handy section by section analysis. Changes are noted in red in the document.

As an elderly wonk, FOFA reminds me a great deal of HFRA (pick certain areas and change the generic rules for projects for fuel treatments) and so I would have liked a more formal review of “why HFRA didn’t work” before starting FOFA, but that’s just me. Here’s the FS summary of HFRA (2003):

Healthy Forests Restoration Act

The Healthy Forests Restoration Act of 2003 (P.L. 108-148) contains a variety of provisions to expedite hazardous-fuel reduction and forest-restoration projects on specific types of Federal land that are at risk of wildland fire or insect and disease epidemics. The act helps rural communities, States, Tribes, and landowners restore healthy forest and rangeland conditions on State, Tribal, and private lands. It also:

  • Encourages biomass removal from public and private lands
  • Provides technical, educational, and financial assistance to improve water quality and address watershed issues on non-Federal lands
  • Authorizes large-scale silvicultural research
  • Authorizes acquisition of Healthy Forest Reserves on private land to promote recovery of threatened and endangered species, and improve biodiversity and carbon sequestration
  • Directs the establishment of monitoring and early warning systems for insect or disease outbreaks

Title I provides authorities for expedited vegetation treatments on certain types of NFS and BLM lands that are at risk of wildland fire; have experienced wind throw, blowdown, or ice-storm damage; are currently experiencing disease or insect epidemics; or are at imminent risk of such epidemics because of conditions on adjacent land. This title:

  • Provides expedited environmental analysis of HFRA projects

  • Provides administrative review before decisions are issued on proposed HFRA projects on NFS lands

  • Contains requirements governing the maintenance and restoration of old-growth forest stands when the USDA Forest Service and DOI BLM carry out HFRA projects in such stands

  • Requires HFRA projects on NFS and BLM land to maximize retention of larger trees in areas other than old-growth stands, consistent with the objective of restoring fire-resilient stands and protecting at-risk communities and Federal lands

  • Requires collaboration between Federal agencies and local communities, particularly when Community Wildfire Protection Plans are prepared

  • Requires using at least 50 percent of the dollars allocated to HFRA projects to protect communities at risk of wildland fire

  • Requires performance to be monitored when agencies conduct hazardous-fuel reduction projects and encourages multiparty monitoring that includes communities and other diverse stakeholders (including interested citizens and Tribes)

  • Encourages courts to expedite judicial review of legal challenges to HFRA projects

  • Directs courts that consider a request for an injunction on an HFRA-authorized project to balance the short- and long-term environmental effects of undertaking the project against the effects of taking no action

So it’s been 22 years and here we are with FOFA.

I am REALLY glad that Megafire Action did this analysis, as it’s very difficult for many of us to follow “remove section Xof HFRA and replace it with…”

Here’s the litigation section (remember Rich J. explained this to us in greater detail in a previous comment).

The Senate version updates standards for judicial review of fireshed management projects and limits injunctions to defined conditions. It codifies the existing balancing test for injunctions and removes the “proximate and substantial environmental harm” threshold included in the House version. It introduces separate four-part tests for preliminary and permanent injunctions and establishes clear criteria for when courts may vacate agency actions—explicitly considering wildfire risk and ecosystem health. It also extends the statute of limitations from 120 to 150 days, removes the requirement that plaintiffs must have participated in the agency comment process, and requires agencies to act on court remands within 180 days. In all, this represents a balanced compromise between preserving process and preventing obstruction of badly needed projects.

I wonder about “removes the requirement that plaintiffs must have participated in the agency comment process.”  I thought that was already a thing somewhere.   It seems like if  folks had concerns about a project they would want to participate so the agency would have a chance to do what they wanted. Maybe this has to do with increased use of CE’s, and maybe some groups would miss scoping? Would like to hear more about the rationale for this.

Here’s the NEPA xection: FYI Kelly Martin is on the Board of Megafire Action.

Under FOFA, forest management projects receiving up to a 10,000 acre CE must first be identified by a fireshed assessment. FOFA mandates that fireshed assessments comply with
applicable forest plans which are developed with community input, incorporate the best available science and traditional ecological knowledge from Indian Tribes, and allow for local government participation in their formulation. These added guardrails ensure that CEs will not be used for projects that harm our forests.
While sensitivities around changes to NEPA are justified, it is important to note that FOFA does not amend, alter, or rollback NEPA or the Endangered Species Act (ESA). Agencies must still adhere to all rules and regulations governing the use of categorical exclusions and CEs must only be used in appropriate areas and not used in areas where work is prohibited. It is also important to note that while the original draft eliminated acreage limitations for the utilization of categorical exclusions, the current version sets the acreage limitation to 10,000 acres. FOFA would not enable agencies to “stack” CEs any more than they are able to under the current 3,000 acre limitation.

To further understand the practitioner perspective on categorical exclusions, Megafire Action interviewed Kelly Martin, Ret. Chief of Fire and Aviation at Yosemite National Park, and Type 1 Incident Management Team member in Operations and Fire Behavior, who provided important insights on CEs:
“Categorical exclusions (CE) are a key tool for forest resilience and wildfire mitigation. Currently, there is an over-allocation of funding and human capital dedicated to
planning and revising existing NEPA Environmental Impact Statement (EIS) or Environmental Assessment (EA) documents sometimes 5 to 10 years in the making.
This favors what seems like endless and duplicative planning efforts compared to implementing beneficial actions on the ground that we know are based on solid science and research. CEs help us streamline the public review process and start putting meaningful projects on the ground faster to meet existential wildfire threats. Unfortunately, projects done under the current 3,000 acre CEs fall woefully short of what is needed to meet the ever increasing size of contemporary wildfires. Smaller CEs often don’t provide the buffer or resiliency needed to change conditions on the ground at a meaningful scale. In contrast, the value of a 10,000 acre CE is that you’re not just looking at small sections, you’re starting to look at the entire landscape and how it can withstand future challenges to watersheds, biodiversity, and key ecosystem services we deeply care about.

A common mindset around CEs is that they represent a rollback of environmental protections, but CEs are really about accelerating the implementation process for projects that have already been vetted and approved in existing land management plans backed by an EIS or EA. CEs are nothing new, they’ve been an important part of public engagement and meaningful land management actions for years. The CE reduces planning and analysis tiered to existing EISs and EAs and reduces the need for a redundant round of review for each specific project. This is not about returning to clear cut logging, going into sensitive areas, or removing mature growth old timber. We’re talking about targeting areas that are accessible, where intervention can make a meaningful difference to landscape resilience. While forestry in the past, particularly in the early 1900s, often led to negative outcomes, those earlier mistakes should not cloud the judgment of today’s forest management strategies, which are vastly more informed by modern science. We’re not going back to those days.”

The Senate version keeps the core of this provision while making a few tweaks to ensure that the CEs apply to fireshed management areas that are properly selected with the best science, and adds some new guardrails on the use of emergency authorities. The Senate version adds  riparian and wet meadow restoration and more detailed descriptions of the types of treatments intended, to further signal that clearcutting is not a desired management activity.”

The Megafire Analysis is comprehensive, so if you find any other topics of interest, please feel free to comment.  I just selected these because I heard that these were sticking points to some offices.

 

Legal Questions About Senate Fix Our Forests Act

I took a look at what I think is the current draft of the bipartisan Senate FOFA bill, introduced by Curtis, Sheehy, Padilla, and Hickenlooper, while I have many questions abaout how it’s supposed to work, the section on litigation stuck out to me as needing some interpretation from our legal friends.

Questions: 1) How different is this from the current approach?
2) Do judges usually think plaintiffs can suffer “irreparable injury” from fuel treatment projects?
3) The “public interest” considerations includes the “likelihood that the fireshed management project will achieve the stated purpose of the fireshed management project”. Jon showed us yesterday that at least one judge seems to think that treatments may not achieve the purpose (or that BLM didn’t adequately address the scientific counter-arguments). So it seems like judges will have to weigh in on whether a project will achieve the stated purpose- but maybe that means the judge weighs in on whether the agency adequately wrote about whether it would achieve the stated purpose? Is the judge making a call on whether it will, or whether the documentation was adequate to determine whether it will, or both, or neither?
4) What is a vacatur, and how does it apply to fuels projects, and in what sense this would be a change?

Subtitle C—Litigation Reform
15 SEC. 121. COMMONSENSE LITIGATION REFORM.
16 (a) DEFINITIONS.—In this section:
17 (1) AGENCY DOCUMENT.—The term ‘‘agency
18 document’’, with respect to a fireshed management
19 project, means a record of decision, decision memorandum, environmental document, or programmatic
21 environmental document.
22 (2) COVERED AGENCY ACTION.—The term
23 ‘‘covered agency action’’ means—
24 (A) the establishment of a fireshed management project by an agency;
76
ARP25243 F9N S.L.C.
1 (B) the application of a categorical exclusion to a fireshed management project;
3 (C) the preparation of any agency document for a fireshed management project; and
5 (D) any other agency action as part of a
6 fireshed management project.
7 (3) NEPA TERMS.—The terms ‘‘categorical exclusion’’, ‘‘environmental document’’, and ‘‘programmatic environmental document’’ have the meanings given those terms in section 111 of the National
11 Environmental Policy Act of 1969 (42 U.S.C.
12 4336e).
13 (b) LIMITATIONS ON JUDICIAL REVIEW.—
14 (1) LIMITATIONS ON INJUNCTIVE RELIEF.—
15 (A) TEMPORARY DELAY OF COVERED
16 AGENCY ACTION.—Notwithstanding any other
17 provision of law, in the case of a claim arising
18 under Federal law seeking judicial review of a
19 covered agency action, a court shall not issue a
20 preliminary injunction against such covered
21 agency action unless the court determines
22 that—
23 (i) subject to subparagraph (C), such
24 preliminary injunction is in the public interest;
77
ARP25243 F9N S.L.C.
1 (ii) the balance of equities favors the
2 plaintiff;
3 (iii) the plaintiff is likely to succeed
4 on the merits; and
5 (iv) the plaintiff is likely to suffer irreparable injury in the absence of preliminary relief.
8 (B) PERMANENT LIMIT ON AGENCY ACTION.—Notwithstanding any other provision of
10 law, in the case of a claim arising under Federal law seeking judicial review of a covered
12 agency action, a court shall not issue a permanent injunction against such covered agency action, or an order to otherwise permanently limit
15 such covered agency action, unless a court determines that—
17 (i) subject to subparagraph (C), such
18 permanent injunction or order is in the
19 public interest;
20 (ii) the balance of equities favors the
21 plaintiff;
22 (iii) the plaintiff has suffered or will
23 suffer irreparable injury; and
24 (iv) no adequate remedy is available
25 at law.
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1 (C) PUBLIC INTEREST DETERMINATION.—
2 (i) IN GENERAL.—In determining
3 under subparagraphs (A) and (B) whether
4 a preliminary or permanent injunction
5 against, or other order with respect to, a
6 covered agency action is in the public interest, the considerations of the court shall
8 include—
9 (I) the purpose for which an 10 agency is undertaking the fireshed
11 management project relating to such
12 covered agency action;
13 (II) the likelihood that the
14 fireshed management project will
15 achieve the stated purpose of the
16 fireshed management project; and
17 (III) the short- and long-term effects of proceeding with the covered
19 agency action, as compared to delaying or limiting such covered agency
21 action, including the potential for significant increases in wildfire risk or
23 severity and significant threats to the
24 health of the ecosystem.
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ARP25243 F9N S.L.C.
1 (ii) WEIGHT OF PUBLIC INTEREST
2 FACTOR.—In determining whether to issue
3 any injunction or order under subpara4 graph (A) or (B), a court shall give signifi5 cant, but not necessarily dispositive, weight
6 to its consideration of whether such order
7 is in the public interest.
8 (2) REMAND.—
9 (A) IN GENERAL.—Notwithstanding any
10 other provision of law, in the case of a claim
11 arising under Federal law seeking judicial review of a covered agency action, if the court remands the matter to the agency, the court shall
14 remand with instructions to carry out, during
15 the 180-day period beginning on the date of
16 such remand, such additional actions as may be
17 necessary to redress any cognizable harm giving
18 rise to such claim.
19 (B) VACATUR.—
20 (i) IN GENERAL.—In remanding a
21 matter to an agency under subparagraph
22 (A), the court shall remand with vacatur
23 only if—
80
ARP25243 F9N S.L.C.
1 (I) the seriousness of any deciencies in the covered agency action
3 weigh in favor of vacatur; and
4 (II) the court determines that
5 any disruptive consequences of
6 vacatur, including the short- and long term effects of vacating the covered
8 agency action or any part of such covered agency action, do not outweigh
10 the justification for vacatur.
11 (ii) CONSIDERATIONS.—In making the
12 determination described in clause (i)(II),
13 the court shall consider whether vacatur
14 would cause—
15 (I) any significant increases in
16 wildfire risk or severity, and
17 (II) any significant threats to the
18 health of the ecosystem.
19 (C) EFFECT OF REMAND ON AGENCY.—In
20 the case of a covered agency action subject to
21 remand without vacatur, or with partial
22 vacatur, pursuant to this paragraph, the agency
23 may—
24 (i) continue to carry out such covered
25 agency action, or such parts of the covered
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ARP25243 F9N S.L.C.
1 agency action as are not vacated, to the extent that doing so does not interfere with
3 any additional actions required pursuant to
4 subparagraph (A); and
5 (ii) use any format, as appropriate, to
6 correct an agency document (including a
7 supplemental environmental document,
8 memorandum, or errata sheet), provided
9 that such format is appropriate to the nature of the deficiency.
11 (3) PRESERVATION OF AUTHORITY.—Nothing
12 in this section alters, limits, or displaces the authority of a court to review a covered agency action
14 under section 706(2) of title 5, United States Code.
15 (c) LIMITATIONS ON CLAIMS.—Notwithstanding any
16 other provision of law, a claim arising under Federal law
17 seeking judicial review of a covered agency action shall be
18 barred unless—
19 (1) with respect to an agency document or the
20 application of a categorical exclusion noticed in the
21 Federal Register, such claim is filed not later than
22 150 days after the date of publication of a notice in
23 the Federal Register of agency intent to carry out
24 the fireshed management project relating to such
82
ARP25243 F9N S.L.C.
1 covered agency document or application, unless a
2 shorter period is specified in such Federal law; or
3 (2) in the case of an agency document or the
4 application of a categorical exclusion not described
5 in paragraph (1), if such agency document or application is otherwise published or noticed, such claim
7 is filed not later than 150 days after the date that
8 is the earlier of—
9 (A) the date on which such agency document or application is published; and
11 (B) the date on which such agency document or application is noticed.

*******

For Sale – half million acres of federal lands

 

La Citta Vita, Flickr

The ball is rolling on selling federal lands for housing with the creation of a task force that would identify federal land that would be suitable for housing.  The task force would be run by the Departments of the Interior and Housing and Urban Development.

“The aim of Trump’s new task force is to identify the land parcels suitable for building. It will then transfer or lease them out to public-housing authorities, nonprofits or local governments to develop homes.  The land might occasionally be sold to private developers, according to a HUD representative.  The federal agencies would determine that on a “case-by-case basis” in coordination with the local government.”

Really?  One might suspect this money-grubbing Administration would sell the most valuable land and to the highest bidder.  Especially if this is going to be used to finance its sovereign wealth fund.

No mention here of whether the Forest Service or national forest lands would be involved – it could be limited to lands not otherwise “designated,” including national forests.  The other interesting thing is this:

“Developing even 512,000 acres of the Bureau of Land Management’s lots could yield between three million and four million new homes across western states such as Nevada, Utah, California and Arizona, according to a preliminary analysis by the American Enterprise Institute, a Washington, D.C., center-right think tank.”

It’s hard to picture where those acres would not be, given that …

“Only a small portion of U.S. government-owned land is near cities with housing shortages. About 47 million acres, or 7.3% of all federal land, falls within metropolitan areas that need more homes, according to a Wall Street Journal analysis of government land maps and housing-shortage data from the National Association of Realtors.

In a few cases, local housing shortages overlap with an abundance of federal land in the area, such as Salt Lake City and Las Vegas.  This policy could make a big difference for those housing markets.”

But what about Seattle, Portland, Spokane and … Missoula.  The prices in many northwestern national forest-adjacent cities (and towns) indicate a housing shortage in these places.  This article says the Secretaries want “affordable” housing, but it’s hard to imagine what kind of constraints that would put on the process – anywhere that has a housing shortage has an affordable housing shortage, and I can’t imagine this federal government adding requirements to local real estate deals to ensure housing affordability.  Given the lack of guardrails being recognized by this Administration, I can  imagine that any community that is interested could be coming into some new real estate.

“HUD will pinpoint where housing needs are most pressing,” and Interior “will identify locations that can support homes while carefully considering environmental impact and land-use restrictions,” the agencies’ secretaries wrote in the Journal’s opinion piece.

So they say.  Will they consider the effects on national forest management of expanding the WUI?  Land management plans should have identified lands suitable for disposal (or maybe a process for doing that) – would this matter?  (Maybe someone with a WSJ subscription can pry out some more details about what these Secretaries have in mind.)

Environmental executive orders from T2

I happened to pick up this post from LinkedIn that looks like it netted many of Trump’s recent executive orders that are most likely to affect federal lands.

A lot of executive actions came out of the White House yesterday and thought I would unpack ten of many radical new policies that you (or the media) might not have noticed yet.

(A reminder that Executive Orders and Presidential Memoranda are policy and priority statements and directives to staff from a president that offer interpretation within the limits set by all the laws of the country… all Presidents use them) https://lnkd.in/eTxhxheF

These orders are found here – if you want a document/section reference for something let me know:
https://lnkd.in/euDE8tvR

1. 🫎 Requires the ‘god squad’ under the Endangered Species Act to meet every 3 months and directs the Secretary of Interior to figure out procedures that would allow the committee to complete it’s reviews of every submission within 140 days; this authority has very rarely been used within the last 50 years, but could be used to allow big infrastructure projects to have no, fewer, or different requirements to avoid, minimize, or offset impacts on endangered wildlife and plants.
2. 🌊 Directed the Army Corps to use general permits and emergency procedures under the Clean Water Act far more often and the same for emergency procedures for permitting (or consulting) on projects under the Endangered Species Act.
3. Weirdly revoked President Carter’s executive order on NEPA that told agencies to make environmental impact statements shorter, clearer and more useful to the public; I assume this is because it also gave CEQ direction to issue regulations under NEPA.
4. 🌲 Rescinded the executive order protecting ancient forests across US National Forests and that created a national goal to reforest areas in the US where trees have been lost.
5. 🌵 Rescinded direction for US agencies to expand international work and cooperation to fight deforestation.
6. Rescinded the order that directed the Office of Management and Budget to provide guidance on ecosystem service valuation
7. Rescinded direction to federal agencies to report and act on ways to expand the use of nature-based solutions.
8. Required all agencies to develop action plans to change or eliminate all regulations, orders, guidance, policies, settlements or other actions that hinder or slow down US energy production (except offshore wind energy permitting and leasing which is suspended completely and agencies are directed to add policies to slow down)
9. Suspended about a dozen policies or decisions related to energy production and roads in Alaska.
10. Makes thousands of “policy-influencing” career federal jobs into a new category of employment that is subject to different performance requirements and dismissal if they fail to “faithfully implement” policies of the current president.

Latest Activities of Senate Energy and Natural Resources Committee on Wildfires, Forests, Ski Fees and Grazing

We really need one or more volunteers to take a look at current bills, this time in the Senate.
So thank you to a TSW reader for the E&E News story on this.

“The Senate Energy and Natural Resources Committee approved 74 bills during a markup Tuesday, including legislation that could generate billions of dollars to address worsening coastal erosion.
The committee also cleared a slew of wildfire, mineral, public land and livestock grazing bills without much debate or discussion.”

Here’s a link to these, there’s also a video of the business meeting. I think you would have to know what the original bill said to understand what the amendments are doing. I know that there are many people in DC and elsewhere paid to keep track of these things, and have probably written this up. Sharing your perceptions with the public via TSW I think would be a good thing. In fact, I bet government agencies do this analysis, and I could FOIA it, but a leak would be quicker.

Here’s the E&E News summary of forest and wildfire bills.

Among the bills approved en bloc were a handful of wildfire and forest management measures. Those included an amended version of S. 2867, by Barrasso, which would set targets for forest thinning and prescribed fire. Late changes to Barrasso’s bill removed a section on workforce training for loggers and on putting limitations on the Biden administration’s definitions of mature and old growth trees in national forests. The administration has finalized those definitions since the bill was introduced.

Other wildfire bills included S. 1764, from Sen. Catherine Cortez-Masto (D-Nev.), to improve wildfire planning and suppression grant programs and create post-wildfire recovery programs. An amended version of the bill dropped a provision calling for dedicated accounts for wildfire, a spokesperson for the committee said.
Lawmakers approved S. 2132, from Lee, for a pilot program that would establish standards for forest density. The Utah Republican said forests in fire-prone areas are too dense.
The committee advanced legislation by Sen. Ron Wyden (D-Ore.), the “National Prescribed Fire Act,” S. 4424, to encourage more use of controlled burns on federal lands.
Manchin’s legislation, S. 2991, to encourage greater revegetation on federal lands, including abandoned mine sites, also passed easily.

Some of these below sound interesting from our perspective. Many seem to be about boundary adjustments, putting land into the National Park System, and naming visitor centers after themselves, but others may be more interesting and/or controversial. These were agreed to en bloc by voice vote.

Agenda Item 1: S. 254, a bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to provide for the establishment of a Ski Area Fee Retention Account, and for other purposes. (Mr. Bennet).

Agenda Item 7: S. 1553, a bill to amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing permits and leases, and for other purposes (Mr. Barrasso), with an amendment in the nature of a substitute (Joint Staff-4, as modified (FLO24827)).

Agenda Item 8: S. 1764, a bill to improve Federal activities relating to wildfires, and for other purposes (Ms. Cortez Masto), with an amendment in the nature of a substitute (Manchin-5 (RYA24540)).

Agenda Item 9: S. 2132, a bill to require the Secretary of Agriculture to establish a pilot program for the establishment and use of a pre-fire-suppression stand density index, and for other purposes (Mr. Lee), with an amendment in the nature of a substitute (Lee-6 (RYA24537)).

Agenda Item 10: S. 2151, a bill to amend the Southwest Forest Health and Wildfire Prevention Act of 2004 to require the establishment of an additional Institute under that Act. (Mr. Lee).

Agenda Item 11: S. 2156, a bill to amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to authorize additional entities to be eligible to complete the maintenance work on Bolts Ditch and the Bolts Ditch Headgate within the Holy Cross Wilderness, Colorado. (Mr. Bennet).

Agenda Item 13: S. 2169, a bill to authorize the Secretary of the Interior to carry out watershed pilots, and for other purposes (Mr. Wyden), with an amendment in the nature of a substitute (Wyden-12 (FLO24732)) and an amendment to the title (Wyden-11 (FLO24597)).
( I wonder what’s keeping the Sec of Int from carrying out watershed pilots?)

Agenda Item 19: S. 2867, a bill to address the forest health crisis on the National Forest System and public lands, and for other purposes (Mr. Barrasso), with an amendment in the nature of a substitute (Barrasso-17, as modified (FLO24825)).

Agenda Item 21: S. 2991, a bill to improve revegetation and carbon sequestration activities in the United States, and for other purposes (Mr. Manchin), with an amendment in the nature of a substitute (Manchin-18, as modified (RYA24592)).

Agenda Item 22: S. 3123, a bill to provide for the standardization, consolidation, and publication of data relating to public outdoor recreational use of Federal waterways among Federal land and water management agencies, and for other purposes (Mr. Barrasso), with an amendment in the nature of a substitute (Barrasso-19 (FLO24677)).

(Is other recreation data standardized, consolidated and published?)

Agenda Item 34: S. 3631, a bill to require reports on critical mineral and rare earth element resources around the world and a strategy for the development of advanced mining, refining, separation, and processing technologies (Mr. Cornyn), with an amendment in the nature of a substitute (King-29 (ROS24F44)).

Agenda Items 35: S. 3790, a bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes (Mr. Sullivan), with an amendment in the nature of a substitute (Murkowski- 66 (FLO24876)).

Agenda Item 36: S. 3985, a bill to a bill to amend the Colorado Wilderness Act of 1993 to add certain land to the Sarvis Creek Wilderness, and for other purposes. (Mr. Hickenlooper).

Agenda Item 51: S. 4424, a bill to direct the Secretary of the Interior and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the Interior or the Forest Service, with an emphasis on units of the National Forest System in the western United States, to acknowledge and support the long-standing use of cultural burning by Tribes and Indigenous practitioners, and for other purposes (Mr. Wyden), with an amendment in the nature of a substitute (Manchin-44, as modified (RYA24596)).

Agenda Item 54: S. 4451, a bill to require the Secretary of the Interior to enter into an agreement with the National Academy of Sciences to carry out a study on reservation systems for Federal land (Mr. Padilla), with an amendment in the nature of a substitute (Joint Staff-46, as modified (FLO24776).

Agenda Item 55: S. 4454, a bill to provide for the establishment of an Operational Flexibility Grazing Management Program on land managed by the Bureau of Land Management, and for other purposes (Mr. Barrasso), with an amendment in the nature of a substitute (Joint Staff-47, as modified (FLO24850)).

Agenda Item 73: S. 5125, a bill to provide for certain improvements to the housing and workforce programs of Federal land management agencies, and for other purposes (Mr. Barrasso), with an amendment in the nature of a substitute (Barrasso-62, as modified (FLO24845)).

Agenda Item 78: H.R. 5443, an Act to establish a policy regarding appraisal and valuation services for real property for a transaction over which the Secretary of the Interior has jurisdiction, and for other purposes. (Rep. Lee).

Agenda items agreed to by roll call vote

Agenda Item 25: S. 3346, a bill to amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes (Mr. Tester), with an amendment in the nature of a substitute (Manchin-22 (FLO24729)).
Agreed to by roll call vote (10-9)

Agenda Item 31: S. 3593, a bill to provide for economic development and conservation in Washoe County, Nevada, and for other purposes (Ms. Rosen), with an amendment in the nature of a substitute (Manchin-27, as modified (FLO24864)). Agreed to by roll call vote (10-9)

Agenda Item 53: S. 4432, a bill to allow certain Federal minerals to be mined consistent with the Bull Mountains Mining Plan Modification (Mr. Daines), with an amendment in the nature of a substitute (Daines-45 (NEW24792)). Agreed to by roll call vote (12-7)

Agenda Item 56: S. 4457, a bill to provide for conservation and economic development in the State of Nevada, and for other purposes (Ms. Cortez Masto), with an amendment in the nature of a substitute (Manchin-48, as modified (FLO24863)). Agreed to by roll call vote (13-6)

Agenda Item 77: H.R. 4984, an Act to direct the Secretary of the Interior to transfer administrative jurisdiction over the Robert F. Kennedy Memorial Stadium Campus to the District of Columbia so that the District may use the Campus for purposes including residential and commercial development, and for other purposes. (Rep. Comer). Agreed to by roll call vote (17-2)

Fix Our Forests Act: Tracking Accurate Fuel Treatment Numbers and Increasing Transparency

This has been a sort of Holy Grail since way before I retired.

Now, we know that there are many ways of calculating, and in fact, thinking about wildfire risk, including many ways already researched by folks at the Rocky Mountain Research Station and elsewhere. Maybe the bill should pick one or make sure that both Secs pick the same one?

Also fuel treatment effectiveness, in fact many bucks were sent to CSU and NAU for fuel treatment effectiveness monitoring, which perhaps has devolved into this ReShape effort.. Plus there was the FS’s own Region 6 FTEM that we covered here and seems to have stopped.   I’d sure like to hear the history of all this.

Again, WUI, many different definitions.  Perhaps the bill should pick one?

What do you think of this approach?

***********************************

SEC. 302. Accurate hazardous fuels reduction reports.

(a) Inclusion of hazardous fuels reduction report in materials submitted in support of the President’s budget.—

(1) IN GENERAL.—Beginning with the first fiscal year that begins after the date of enactment of this Act, and each fiscal year thereafter, the Secretary concerned shall include in the materials submitted to Congress in support of the President’s budget pursuant to section 1105 of title 31, United States Code, a report on the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the preceding fiscal year.

(2) REQUIREMENTS.—For purposes of the report required under paragraph (1), the Secretary concerned shall—

(A) in determining the number of acres of Federal land on which the Secretary concerned carried out hazardous fuels reduction activities during the period covered by the report—

(i) record acres of Federal land on which hazardous fuels reduction activities were completed during such period; and

(ii) record each acre described in clause (i) once in the report, regardless of whether multiple hazardous fuels reduction activities were carried out on such acre during such period; and

(B) with respect to the acres of Federal land recorded in the report, include information on—

(i) which such acres are located in the wildland-urban interface;

(ii) the level of wildfire risk (high, moderate, or low) on the first and last day of the period covered by the report;

(iii) the types of hazardous fuels activities completed for such acres, delineating between whether such activities were conducted—

(I) in a wildfire managed for resource benefits; or

(II) through a planned project;

(iv) the cost per acre of hazardous fuels activities carried out during the period covered by the report;

(v) the region or system unit in which the acres are located; and

(vi) the effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire.

(3) TRANSPARENCY.—The Secretary concerned shall make each report submitted under paragraph (1) publicly available on the websites of the Department of Agriculture and the Department of the Interior, as applicable.

(b) Accurate data collection.—

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary concerned shall implement standardized procedures for tracking data related to hazardous fuels reduction activities carried out by the Secretary concerned.

(2) ELEMENTS.—The standardized procedures required under paragraph (1) shall include—

(A) regular, standardized data reviews of the accuracy and timely input of data used to track hazardous fuels reduction activities;

(B) verification methods that validate whether such data accurately correlates to the hazardous fuels reduction activities carried out by the Secretary concerned;

(C) an analysis of the short- and long-term effectiveness of the hazardous fuels reduction activities on reducing the risk of wildfire; and

(D) for hazardous fuels reduction activities that occur partially within the wildland-urban interface, methods to distinguish which acres are located within the wildland-urban interface and which acres are located outside the wildland-urban interface.

(3) REPORT.—Not later than 2 weeks after implementing the standardized procedures required under paragraph (1), the Secretary concerned shall submit to Congress a report that describes—

(A) such standardized procedures; and

(B) program and policy recommendations to Congress to address any limitations in tracking data related to hazardous fuels reduction activities under this subsection.