I 118THCONGRESS 1 STSESSION H. R. 2989 To improve the health and resiliency of giant sequoias, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL28, 2023 Mr. M CCARTHY(for himself, Mr. PETERS, Mr. WESTERMAN, Mr. COSTA, Mr. V ALADAO, Mr. PANETTA, Mr. MCCLINTOCK, Mr. GARAMENDI, Mr. K ILEY, Mr. HARDERof California, Mr. OBERNOLTE, Mr. BERA, Mrs. K IMof California, Mr. THOMPSONof California, Mr. ISSA, Mr. VARGAS, Mrs. S TEEL, Mr. CORREA, Mr. CALVERT, Mr. TAKANO, Mr. LAMALFA, Mr. M ULLIN, Mr. MIKEGARCIAof California, Mr. CA´RDENAS, Mr. D UARTE, Mr. BISHOPof Georgia, Mr. THOMPSONof Pennsylvania, Mrs. L EEof Nevada, Mrs. RODGERSof Washington, Mr. GOLDENof Maine, Mr. G RAVESof Louisiana, Ms. CRAIG, Mr. TIFFANY, Ms. KUSTER, Mr. C URTIS, Mr. PHILLIPS, Mr. NEWHOUSE, Ms. ROSS, Mr. STAUBER, Mr. M OULTON, Mr. BENTZ, Mr. CUELLAR, Mr. FULCHER, Mrs. TORRESof California, Mr. L AMBORN, Mrs. PELTOLA, Mrs. MILLER-MEEKS, Mr. G UTHRIE, Mr. BERGMAN, Mr. RUTHERFORD, and Mr. MOOREof Utah) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To improve the health and resiliency of giant sequoias, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2989 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) S HORTTITLE.—This Act may be cited as the 2 ‘‘Save Our Sequoias Act’’. 3 (b) T ABLE OFCONTENTS.— 4 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Shared stewardship agreement for giant sequoias. Sec. 4. Giant sequoia lands coalition. Sec. 5. Giant sequoia health and resiliency assessment. Sec. 6. Giant sequoia emergency response. Sec. 7. Giant sequoia reforestation and rehabilitation strategy. Sec. 8. Giant sequoia strike teams. Sec. 9. Giant sequoia collaborative restoration grants. Sec. 10. Good neighbor authority for giant sequoias. Sec. 11. Stewardship contracting for giant sequoias. Sec. 12. Giant sequoia emergency protection program and fund. Sec. 13. Authorization of appropriations. SEC. 2. DEFINITIONS. 5 In this Act: 6 (1) A SSESSMENT.—The term ‘‘Assessment’’ 7 means the Giant Sequoia Health and Resiliency As-8 sessment required by section 5. 9 (2) C OALITION.—The term ‘‘Coalition’’ means 10 the Giant Sequoia Lands Coalition certified under 11 section 4. 12 (3) C OLLABORATIVE PROCESS .—The term ‘‘col-13 laborative process’’ means a process relating to the 14 management of National Forest System lands or 15 public lands by which a project or forest manage-16 ment activity is developed and implemented by the 17 Secretary concerned through collaboration with mul-18 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2989 IH tiple interested persons representing diverse inter-1 ests. 2 (4) C OVERED NATIONAL FOREST SYSTEM 3 LANDS.—The term ‘‘covered National Forest System 4 lands’’ means the proclaimed National Forest Sys-5 tem lands reserved or withdrawn from the public do-6 main of the United States covering the Sequoia Na-7 tional Forest and Giant Sequoia National Monu-8 ment, Sierra National Forest, and Tahoe National 9 Forest. 10 (5) G IANT SEQUOIA.—The term ‘‘giant se-11 quoia’’ means a tree of the species Sequoiadendron 12 giganteum. 13 (6) G ROVE-SPECIFIC HAZARDOUS FUELS RE -14 DUCTION PLAN.—The term ‘‘grove-specific haz-15 ardous fuels reduction plan’’ means a plan developed 16 by the applicable land management agency prior to 17 conducting an analysis under the National Environ-18 mental Policy Act (42 U.S.C. 4321 et seq.) to ad-19 dress hazardous fuels in 1 or more giant sequoia 20 groves. 21 (7) P ROTECTION PROJECT.—The term ‘‘Protec-22 tion Project’’ means a Giant Sequoia Protection 23 Project carried out under section 6. 24 VerDate Sep 11 2014 04:14 May 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2989 IH (8) PUBLIC LANDS.—The term ‘‘public lands’’ 1 means— 2 (A) the Case Mountain Extensive Recre-3 ation Management Area in California managed 4 by the Bureau of Land Management; and 5 (B) Kings Canyon National Park, Sequoia 6 National Park, and Yosemite National Park in 7 California managed by the National Park Serv-8 ice. 9 (9) R EFORESTATION.—The term ‘‘reforest-10 ation’’ means the act of renewing tree cover by es-11 tablishing young trees through natural regeneration, 12 artificial or natural regeneration with site prepara-13 tion, planting or direct seeding, or vegetation com-14 petition control following artificial or natural regen-15 eration. 16 (10) R EHABILITATION.—The term ‘‘rehabilita-17 tion’’ means any action taken during the 5-year pe-18 riod beginning on the last day of a wildland fire to 19 repair or improve fire-impacted lands which are un-20 likely to recover to management-approved conditions. 21 (11) R ELEVANT CONGRESSIONAL COMMIT -22 TEES.—The term ‘‘relevant Congressional Commit-23 tees’’ means— 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2989 IH (A) the Committees on Natural Resources, 1 Agriculture, and Appropriations of the House of 2 Representatives; and 3 (B) the Committees on Energy and Nat-4 ural Resources, Agriculture, Nutrition, and 5 Forestry, and Appropriations of the Senate. 6 (12) R ESPONSIBLE OFFICIAL.—The term ‘‘re-7 sponsible official’’ means an employee of the Depart-8 ment of the Interior or Forest Service who has the 9 authority to make and implement a decision on a 10 proposed action. 11 (13) S ECRETARY.—The term ‘‘Secretary’’ 12 means the Secretary of the Interior. 13 (14) S ECRETARY CONCERNED .—The term 14 ‘‘Secretary concerned’’ means— 15 (A) the Secretary of Agriculture, with re-16 spect to covered National Forest System lands, 17 or their designee; and 18 (B) the Secretary of the Interior, with re-19 spect to public lands, or their designee. 20 (15) S TRATEGY.—The term ‘‘Strategy’’ means 21 the Giant Sequoia Reforestation and Rehabilitation 22 Strategy established under section 7. 23 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2989 IH (16) STRIKE TEAM.—The term ‘‘Strike Team’’ 1 means a Giant Sequoia Strike Team established 2 under section 8. 3 (17) T RIBE.—The term ‘‘Tribe’’ means the 4 Tule River Indian Tribe of the Tule River Reserva-5 tion, California. 6 SEC. 3. SHARED STEWARDSHIP AGREEMENT FOR GIANT SE-7 QUOIAS. 8 (a) I NGENERAL.—Not later than 90 days after re-9 ceiving a request from the Governor of the State of Cali-10 fornia or the Tribe, the Secretary shall enter into an 11 agreement with the Secretary of Agriculture, the Governor 12 of the State of California, and the Tribe to jointly carry 13 out the following: 14 (1) Not later than 30 days after entering into 15 the agreement, certify the Giant Sequoia Lands Coa-16 lition in accordance with section 4(a). 17 (2) Not later than 30 days after entering into 18 the agreement, conduct Protection Projects under 19 section 6. 20 (3) Not later than 120 days after entering into 21 the agreement, begin implementing the Giant Se-22 quoia Reforestation and Rehabilitation Strategy 23 under section 7. 24 (b) P ARTICIPATION.— 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2989 IH (1) IN GENERAL.—If the Secretary has not re-1 ceived a request from the Governor of the State of 2 California or the Tribe under subsection (a) before 3 the date that is 90 days after the date of enactment 4 of this Act, the Secretary shall enter into the agree-5 ment under subsection (a) and jointly implement 6 such agreement with the Secretary of Agriculture. 7 (2) F UTURE PARTICIPATION.—If the Secretary 8 receives a request from the Governor of the State of 9 California or the Tribe any time after entering into 10 the agreement with the Secretary of Agriculture 11 under paragraph (1), the Secretary shall accept the 12 Governor of the State of California or the Tribe as 13 a party to such agreement. 14 SEC. 4. GIANT SEQUOIA LANDS COALITION. 15 (a) E STABLISHMENT.—The Secretary, in consulta-16 tion with the parties to such agreement, shall certify the 17 Giant Sequoia Lands Coalition in accordance with the 18 charter titled ‘‘Giant Sequoia Lands Coalition Charter’’ 19 (or successor charter) signed during the period beginning 20 June 2, 2022 and ending August 2, 2022 by each of the 21 following: 22 (1) The National Park Service, representing Se-23 quoia and Kings Canyon National Parks. 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2989 IH (2) The National Park Service, representing 1 Yosemite National Park. 2 (3) The Forest Service, representing Sequoia 3 National Forest and Giant Sequoia National Monu-4 ment. 5 (4) The Forest Service, representing Sierra Na-6 tional Forest. 7 (5) The Forest Service, representing Tahoe Na-8 tional Forest. 9 (6) The Bureau of Land Management, rep-10 resenting Case Mountain Extensive Recreation Man-11 agement Area. 12 (7) The Tribe, representing the Tule River In-13 dian Reservation. 14 (8) The State of California, representing 15 Calaveras Big Trees State Park. 16 (9) The State of California, representing Moun-17 tain Home Demonstration State Forest. 18 (10) The University of California, Berkeley, 19 representing Whitaker’s Research Forest. 20 (11) The County of Tulare, California, rep-21 resenting Balch Park. 22 (b) D UTIES.—In addition to the duties specified in 23 the charter referenced in subsection (a), the Coalition 24 shall— 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2989 IH (1) carry out the Assessment under section 5; 1 (2) observe implementation, and provide policy 2 recommendations to the Secretary, with respect to— 3 (A) Protection Projects carried out under 4 section 6; and 5 (B) the Strategy established under section 6 7; 7 (3) facilitate collaboration and coordination on 8 Protection Projects, particularly projects that cross 9 jurisdictional boundaries; 10 (4) facilitate information sharing, including best 11 available science as described in section 5(c) and 12 mapping resources; and 13 (5) support the development and dissemination 14 of educational materials and programs that inform 15 the public about the threats to the health and resil-16 iency of giant sequoia groves and actions being 17 taken to reduce the risk to such groves from high- 18 severity wildfire, insects, and drought. 19 (c) A DMINISTRATIVESUPPORT, TECHNICALSERV-20 ICES, ANDSTAFFSUPPORT.—The Secretary shall make 21 personnel of the Department of the Interior available to 22 the Coalition for administrative support, technical serv-23 ices, development and dissemination of educational mate-24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2989 IH rials, and staff support that the Secretary determines nec-1 essary to carry out this section. 2 SEC. 5. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESS-3 MENT. 4 (a) I NGENERAL.—Not later than 180 days after the 5 first meeting of the Coalition, the Coalition shall submit 6 to the relevant Congressional Committees a Giant Sequoia 7 Health and Resiliency Assessment that, based on the best 8 available science— 9 (1) identifies— 10 (A) each giant sequoia grove that has ex-11 perienced a— 12 (i) stand-replacing disturbance; or 13 (ii) disturbance but continues to have 14 living giant sequoias within the grove, in-15 cluding identifying the tree mortality and 16 regeneration of giant sequoias within such 17 grove; 18 (B) each giant sequoia grove that is at 19 high risk of experiencing a stand-replacing dis-20 turbance; 21 (C) lands located near giant sequoia groves 22 that are at risk of experiencing high-severity 23 wildfires that could adversely impact such giant 24 sequoia groves; and 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2989 IH (D) each giant sequoia grove that has ex-1 perienced a disturbance and is unlikely to natu-2 rally regenerate and is in need of reforestation; 3 (2) analyzes the resiliency of each giant sequoia 4 grove to threats, such as— 5 (A) high-severity wildfire; 6 (B) insects, including beetle kill; and 7 (C) drought; 8 (3) with respect to Protection Projects, pro-9 poses a list of highest priority Protection Projects to 10 be carried out under section 6, giving priority to 11 projects located on lands identified under subpara-12 graphs (B) and (C) of subsection (a)(1); 13 (4) examines how historical, Tribal, or current 14 approaches to wildland fire suppression and forest 15 management activities across various jurisdictions 16 have impacted the health and resiliency of giant se-17 quoia groves with respect to— 18 (A) high-severity wildfires; 19 (B) insects, including beetle kill; and 20 (C) drought; and 21 (5) includes program and policy recommenda-22 tions that address— 23 (A) Federal and State policies that impede 24 activities to improve the health and resiliency of 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2989 IH giant sequoias and proposed policy changes to 1 address such impediments; 2 (B) new Federal and State policies nec-3 essary to increase the pace and scale of treat-4 ments that improve the health and resiliency of 5 giant sequoias; 6 (C) options to enhance communication, co-7 ordination, and collaboration, particularly for 8 cross-boundary projects, to improve the health 9 and resiliency of giant sequoias; and 10 (D) research gaps that should be ad-11 dressed to improve the best available science on 12 the giant sequoias. 13 (b) A NNUALUPDATES.—Not later than 1 year after 14 the submission of the Assessment under subsection (a), 15 and annually thereafter, the Coalition shall submit an up-16 dated Assessment to the relevant Congressional Commit-17 tees that— 18 (1) includes any new data, information, or best 19 available science that has changed or become avail-20 able since the previous Assessment was submitted; 21 (2) with respect to Protection Projects— 22 (A) includes information on the number of 23 Protection Projects initiated the previous year 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2989 IH and the estimated timeline for completing those 1 projects; 2 (B) includes information on the number of 3 Protection Projects planned in the upcoming 4 year and the estimated timeline for completing 5 those projects; 6 (C) provides status updates and long-term 7 monitoring reports on giant sequoia groves 8 after the completion of Protection Projects; 9 (D) if the Secretary concerned failed to 10 initiate at least 7 Protection Projects in the 11 previous year, a written explanation that in-12 cludes— 13 (i) a detailed explanation of what im-14 pediments resulted in failing to initiate at 15 least 7 Protection Projects; 16 (ii) a detailed explanation of what ac-17 tions the Secretary concerned is taking to 18 ensure that at least 7 Protection Projects 19 are initiated the following year; and 20 (iii) recommendations to Congress on 21 any policies that need to be changed to as-22 sist the Secretary concerned in initiating 23 Protection Projects; and 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •HR 2989 IH (3) with respect to reforestation and rehabilita-1 tion of giant sequoias— 2 (A) contains updates on the implementa-3 tion of the Strategy under section 7, including 4 grove-level data on reforestation and rehabilita-5 tion activities; and 6 (B) provides status updates and moni-7 toring reports on giant sequoia groves that have 8 experienced natural or artificial regeneration as 9 part of the Strategy under section 7. 10 (c) D ASHBOARD.— 11 (1) R EQUIREMENT TO MAINTAIN .—The Coali-12 tion shall create and maintain a website that— 13 (A) publishes the Assessment, annual up-14 dates to the Assessment, and other educational 15 materials developed by the Coalition; 16 (B) contains searchable information about 17 individual giant sequoia groves, including the— 18 (i) resiliency of such groves to threats 19 described in paragraphs (1) and (2) of 20 subsection (a); 21 (ii) Protection Projects that have been 22 proposed, initiated, or completed in such 23 groves; and 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •HR 2989 IH (iii) reforestation and rehabilitation 1 activities that have been proposed, initi-2 ated, or completed in such groves; and 3 (C) maintains a searchable database to 4 track— 5 (i) the status of Federal environ-6 mental reviews and authorizations for spe-7 cific Protection Projects and reforestation 8 and rehabilitation activities; and 9 (ii) the projected cost of Protection 10 Projects and reforestation and rehabilita-11 tion activities. 12 (2) S EARCHABLE DATABASE .—The Coalition 13 shall include information on the status of Protection 14 Projects in the searchable database created under 15 paragraph (1)(C), including— 16 (A) a comprehensive permitting timetable; 17 (B) the status of the compliance of each 18 lead agency, cooperating agency, and partici-19 pating agency with the permitting timetable; 20 (C) any modifications of the permitting 21 timetable required under subparagraph (A), in-22 cluding an explanation as to why the permitting 23 timetable was modified; and 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •HR 2989 IH (D) information about project-related pub-1 lic meetings, public hearings, and public com-2 ment periods, which shall be presented in 3 English and the predominant language of the 4 community or communities most affected by the 5 project, as that information becomes available. 6 (d) B ESTAVAILABLESCIENCE.—In utilizing the best 7 available science for the Assessment, the Coalition shall 8 include— 9 (1) data and peer-reviewed research from aca-10 demic institutions with a demonstrated history of 11 studying giant sequoias and with experience ana-12 lyzing distinct management strategies to improve 13 giant sequoia resiliency; 14 (2) traditional ecological knowledge from the 15 Tribe related to improving the health and resiliency 16 of giant sequoia groves; and 17 (3) data from Federal, State, Tribal, and local 18 governments or agencies. 19 (e) T ECHNOLOGYIMPROVEMENTS.—In carrying out 20 this section, the Secretary may enter into memorandums 21 of understanding or agreements with other Federal agen-22 cies or departments, State or local governments, Tribal 23 governments, private entities, or academic institutions to 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •HR 2989 IH improve, with respect to the Assessment, the use and inte-1 gration of— 2 (1) advanced remote sensing and geospatial 3 technologies; 4 (2) statistical modeling and analysis; or 5 (3) any other technology the Secretary deter-6 mines will benefit the quality of information used in 7 the Assessment. 8 (f) P LANNING.—The Coalition shall make informa-9 tion from this Assessment available to the Secretary con-10 cerned and State of California to integrate into the— 11 (1) State of California’s Wildfire and Forest 12 Resilience Action Plan; 13 (2) Forest Service’s 10-year Wildfire Crisis 14 Strategy (or successor plan); and 15 (3) Department of the Interior’s Wildfire Risk 16 Five-Year Monitoring, Maintenance, and Treatment 17 Plan (or successor plan). 18 (g) R ELATION TO THE NATIONALENVIRONMENTAL 19 P OLICYACT OF1969.—The development and submission 20 of the Assessment under subsection (a) shall not be sub-21 ject to the National Environmental Policy Act of 1969 (42 22 U.S.C. 4321 et seq.). 23 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •HR 2989 IH SEC. 6. GIANT SEQUOIA EMERGENCY RESPONSE. 1 (a) E MERGENCYRESPONSETOPROTECTGIANTSE-2 QUOIAS.— 3 (1) I N GENERAL.— 4 (A) E MERGENCY DETERMINATION .—Con-5 gress determines that— 6 (i) an emergency exists on public 7 lands and covered National Forest System 8 lands that makes it necessary to carry out 9 Protection Projects that take needed ac-10 tions to respond to the threat of wildfires, 11 insects, and drought to giant sequoias; and 12 (ii) Protection Projects are necessary 13 to control the immediate impacts of the 14 emergency described in clause (i) and are 15 needed to mitigate harm to life, property, 16 or important natural or cultural resources 17 on public lands and covered National For-18 est System lands. 19 (B) A PPLICATION.—The emergency deter-20 mination established under subparagraph (A) 21 shall apply to all public lands and covered Na-22 tional Forest System lands. 23 (C) E XPIRATION.—The emergency deter-24 mination established under subparagraph (A) 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •HR 2989 IH shall expire on the date that is 7 years after the 1 date of the enactment of this Act. 2 (2) I MPLEMENTATION.—While the emergency 3 determination established under subsection (a) is in 4 effect— 5 (A) a responsible official may carry out a 6 Protection Project described by paragraph (4) 7 before initiating— 8 (i) an analysis under section 102 of 9 the National Environmental Policy Act of 10 1969 (42 U.S.C. 4332); 11 (ii) consultation under section 7 of the 12 Endangered Species Act of 1973 (16 13 U.S.C. 1536); and 14 (iii) consultation under section 106 of 15 the National Historic Preservation Act (16 16 U.S.C. 470(f)); and 17 (B) the rules established under subsections 18 (d) and (e) section 40807 of the Infrastructure 19 Investment and Jobs Act (16 U.S.C. 6592c(d) 20 and (e)) shall apply with respect to Protection 21 Projects by substituting ‘‘Protection Projects’’ 22 for ‘‘authorized emergency action under this 23 section’’ each place it appears in such sub-24 sections; and 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 2989 IH (C) Protection Projects shall be subject to 1 the requirements of section 106 of title I of the 2 Healthy Forests Restoration Act of 2003 (16 3 U.S.C. 6511 et seq.). 4 (3) P ROTECTION PROJECTS .—The responsible 5 official shall carry out the following forest manage-6 ment activities as Protection Projects under the 7 emergency determination under this section: 8 (A) Activities recommended by the Assess-9 ment under section 5. 10 (B) Conducting hazardous fuels manage-11 ment, including mechanical thinning, mastica-12 tion, and prescribed burning. 13 (C) Removing hazard trees, dead trees, 14 dying trees, or trees at risk of dying, as deter-15 mined by the responsible official. 16 (D) Removing trees to address over-17 stocking or crowding in a forest stand, con-18 sistent with the appropriate basal area of the 19 forest stand as determined by the responsible 20 official. 21 (E) Activities included in the applicable 22 grove-specific hazardous fuels reduction plan. 23 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •HR 2989 IH (F) Using chemical treatments to address 1 insects and disease and control vegetation com-2 petition. 3 (G) Any combination of activities described 4 in this paragraph. 5 (4) R EQUIREMENTS.— 6 (A) I N GENERAL.—Protection Projects 7 carried out under paragraph (3) and reforest-8 ation and rehabilitation activities carried out 9 under this Act that are described by subpara-10 graph (D) are a category of actions hereby des-11 ignated as being categorically excluded from the 12 preparation of an environmental assessment or 13 an environmental impact statement under sec-14 tion 102 of the National Environmental Policy 15 Act of 1969 (42 U.S.C. 4332). 16 (B) A VAILABILITY.—The Secretary con-17 cerned shall use the categorical exclusion estab-18 lished under subparagraph (A) in accordance 19 with this section. 20 (C) I NTERAGENCY COOPERATION .— 21 (i) F INDINGS.—Congress finds that 22 Protection Projects carried out under this 23 section are consistent with improving the 24 health and resiliency of critical habitat for 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 2989 IH threatened and endangered species, includ-1 ing the pacific fisher and California spot-2 ted owl. 3 (ii) C ONSULTATION.—The informal 4 consultation requirements in sections 5 402.05 of title 50 and 800.12 of title 36, 6 Code of Federal Regulations (or a suc-7 cessor regulation), shall apply to Protec-8 tion Projects. 9 (D) R EQUIREMENTS.—A Protection 10 Project or reforestation or rehabilitation activity 11 is described by this subparagraph if such Pro-12 tection Project or reforestation or rehabilitation 13 activity— 14 (i) covers an area of no more than— 15 (I) 2,000 acres within giant se-16 quoia groves where a grove-specific 17 hazardous fuels reduction plan has 18 been developed by the relevant land 19 management agency or on lands iden-20 tified under section 5(a)(1)(B); and 21 (II) 3,000 acres on lands identi-22 fied under section 5(a)(1)(C); and 23 (ii) was— 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •HR 2989 IH (I) proposed by the Assessment 1 under section 5(a)(3); 2 (II) developed through a collabo-3 rative process; or 4 (III) proposed by a resource advi-5 sory committee (as defined in section 6 201 of the Secure Rural Schools and 7 Community Self-Determination Act of 8 2000 (16 U.S.C. 7121)); and 9 (iii) occurs on Federal land or non- 10 Federal land with the consent of the non- 11 Federal landowner. 12 (E) U SE OF OTHER AUTHORITIES .—To the 13 maximum extent practicable, the Secretary con-14 cerned shall use the authorities provided under 15 this section in combination with other authori-16 ties to carry out Protection Projects, includ-17 ing— 18 (i) good neighbor agreements entered 19 into under section 8206 of the Agricultural 20 Act of 2014 (16 U.S.C. 2113a); and 21 (ii) stewardship contracting projects 22 entered into under section 604 of the 23 Healthy Forests Restoration Act of 2003 24 (16 U.S.C. 6591c). 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 24 •HR 2989 IH (F) SAVINGS CLAUSE.—With respect to 1 joint Protection Projects and reforestation and 2 rehabilitation activities involving the Tribe, 3 nothing in this section shall be construed to add 4 any additional regulatory requirements onto the 5 Tribe. 6 (b) I MPLEMENTATION.—To the maximum extent 7 practicable, the Secretary concerned shall initiate no fewer 8 than 7 Protection Projects each year. 9 SEC. 7. GIANT SEQUOIA REFORESTATION AND REHABILITA-10 TION STRATEGY. 11 (a) R EFORESTATION AND REHABILITATIONSTRAT-12 EGY.— 13 (1) I N GENERAL.—In accordance with the 14 timeline and agreement established in section 15 3(a)(3), the Secretary, in consultation with the par-16 ties to such agreement, shall develop and implement 17 a strategy, to be known as the Giant Sequoia Refor-18 estation and Rehabilitation Strategy, to enhance the 19 reforestation and rehabilitation of giant sequoia 20 groves that— 21 (A) identifies giant sequoia groves in need 22 of natural or artificial regeneration, giving 23 highest priority to groves identified under sec-24 tion 5(a)(1)(A)(i); 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 25 •HR 2989 IH (B) creates a priority list of reforestation 1 and rehabilitation activities; 2 (C) identifies and addresses— 3 (i) barriers to reforestation or reha-4 bilitation including— 5 (I) regulatory barriers; 6 (II) seedling shortages or related 7 nursery infrastructure capacity con-8 straints; 9 (III) labor and workforce short-10 ages; 11 (IV) technology and science gaps; 12 and 13 (V) site preparation challenges; 14 (ii) potential public-private partner-15 ship opportunities to complete high-priority 16 reforestation or rehabilitation projects; 17 (iii) a timeline for addressing the 18 backlog of reforestation for giant sequoias 19 in the 10-year period after the agreement 20 is entered into under section 3; and 21 (iv) strategies to ensure genetic diver-22 sity across giant sequoia groves; and 23 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 26 •HR 2989 IH (D) includes program and policy rec-1 ommendations needed to improve the efficiency 2 or effectiveness of the Strategy. 3 (2) A SSESSMENT.—The Secretary may incor-4 porate the Strategy into the Assessment under sec-5 tion 5. 6 (b) P RIORITYREFORESTATION PROJECTSAMEND-7 MENT.—Section 3(e)(4)(C)(ii)(I) of the Forest and 8 Rangeland Renewable Resources Planning Act of 1974 9 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended— 10 (1) in item (bb), by striking ‘‘and’’; 11 (2) in item (cc), by striking the period and in-12 serting ‘‘; and’’; and 13 (3) by adding at the end the following: 14 ‘‘(dd) shall include reforestation and rehabilitation 15 activities conducted under section 7 of the Save Our Se-16 quoias Act.’’. 17 (c) I MPLEMENTATION.—Section 4(d)(1) of the Wil-18 derness Act (16 U.S.C. 1133(d)) is amended by inserting 19 ‘‘Nothing in this Act shall restrict or prohibit the Sec-20 retary of the Interior or Secretary of Agriculture from 21 conducting reforestation (as such term is defined in sec-22 tion 2 of the Save Our Sequoias Act) activities to reestab-23 lish giant sequoias following a wildfire.’’ after the period 24 at the end. 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 27 •HR 2989 IH SEC. 8. GIANT SEQUOIA STRIKE TEAMS. 1 (a) G IANTSEQUOIASTRIKETEAMS.— 2 (1) E STABLISHMENT.—The Secretary con-3 cerned shall each establish a Giant Sequoia Strike 4 Team to assist the Secretary concerned with the im-5 plementation of— 6 (A) primarily, section 6; and 7 (B) secondarily, section 7. 8 (2) D UTIES.—Each Strike Team shall— 9 (A) assist the Secretary concerned with 10 any reviews, including analysis under the Na-11 tional Environmental Policy Act of 1969 (42 12 U.S.C. 4321 et seq.), consultations under the 13 National Historic Preservation Act of 1966 (16 14 U.S.C. 470 et seq.), and consultations under 15 the Endangered Species Act of 1973 (16 U.S.C. 16 1531 et seq.); 17 (B) implement any necessary site prepara-18 tion work in advance of or as part of a Protec-19 tion Project or reforestation or rehabilitation 20 activity; 21 (C) implement Protection Projects under 22 section 6; and 23 (D) implement reforestation or rehabilita-24 tion activities under section 7. 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 28 •HR 2989 IH (3) MEMBERS.—The Secretary concerned may 1 appoint no more than 10 individuals each to serve 2 on a Strike Team comprised of— 3 (A) employees of the Department of the 4 Interior; 5 (B) employees of the Forest Service; 6 (C) private contractors from any nonprofit 7 organization, State government, Tribal Govern-8 ment, local government, academic institution, or 9 private organization; and 10 (D) volunteers from any nonprofit organi-11 zation, State government, Tribal Government, 12 local government, academic institution, or pri-13 vate organization. 14 SEC. 9. GIANT SEQUOIA COLLABORATIVE RESTORATION 15 GRANTS. 16 (a) I NGENERAL.—The Secretary, in consultation 17 with the parties to the agreement under section 3, shall 18 establish a program to award grants to eligible entities 19 to advance, facilitate, or improve giant sequoia health and 20 resiliency. 21 (b) E LIGIBLEENTITY.—The Secretary may award 22 grants under this section to any nonprofit organization, 23 Tribal Government, local government, academic institu-24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 29 •HR 2989 IH tion, or private organization to help advance, facilitate, or 1 improve giant sequoia health and resiliency. 2 (c) P RIORITY.—In awarding grants under this sec-3 tion, the Secretary shall give priority to eligible entities 4 that— 5 (1) primarily, are likely to have the greatest im-6 pact on giant sequoia health and resiliency; and 7 (2) secondarily— 8 (A) are small businesses, particularly in 9 rural areas; and 10 (B) create or support jobs, particularly in 11 rural areas. 12 (d) U SE OFGRANTFUNDS.—Funds from grants 13 awarded under this section shall be used to— 14 (1) create, expand, or develop markets for haz-15 ardous fuels removed under section 6, including 16 markets for biomass and biochar; 17 (2) facilitate hazardous fuel removal under sec-18 tion 6, including by reducing the cost of trans-19 porting hazardous fuels removed as part of a Protec-20 tion Project; 21 (3) expand, enhance, develop, or create perma-22 nent or temporary facilities or land that can store or 23 process hazardous fuels removed under section 6; 24 and 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 30 •HR 2989 IH (4) establish, develop, expand, enhance, or im-1 prove nursery capacity or infrastructure necessary to 2 facilitate the Strategy established under section 7. 3 SEC. 10. GOOD NEIGHBOR AUTHORITY FOR GIANT SE-4 QUOIAS. 5 Section 8206 of the Agricultural Act of 2014 (16 6 U.S.C. 2113a) is amended— 7 (1) in subsection (a)— 8 (A) in paragraph (4)(A)— 9 (i) in clause (ii), by striking ‘‘and’’ at 10 the end; 11 (ii) by redesignating clause (iii) as 12 clause (iv); 13 (iii) by inserting after clause (ii) the 14 following: 15 ‘‘(iii) activities conducted under sec-16 tion 6 of the Save Our Sequoias Act;’’; 17 (iv) in clause (iv), as so redesignated, 18 by striking the period at the end and in-19 serting ‘‘; or’’; and 20 (v) by adding at the end the following: 21 ‘‘(v) any combination of activities 22 specified in clauses (i) through (iv).’’; 23 (B) in paragraph (6), by striking ‘‘or In-24 dian tribe’’; and 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 31 •HR 2989 IH (C) in paragraph (10)(B) by striking 1 ‘‘land.’’ and inserting ‘‘land, Kings Canyon Na-2 tional Park, Sequoia National Park, and Yo-3 semite National Park.’’; and 4 (2) in subsection (b)— 5 (A) in paragraph (1)(A), by inserting ‘‘, 6 Indian tribe,’’ after ‘‘Governor’’; 7 (B) by amending paragraph (2)(C) to read 8 as follows: 9 ‘‘(C) T REATMENT OF REVENUE .—Funds 10 received from the sale of timber by a Governor, 11 an Indian tribe, or a county under a good 12 neighbor agreement shall be retained and used 13 by the Governor, Indian tribe, or county, as ap-14 plicable— 15 ‘‘(i) to carry out authorized restora-16 tion services under such good neighbor 17 agreement; and 18 ‘‘(ii) if there are funds remaining 19 after carrying out the services under clause 20 (i), to carry out authorized restoration 21 services within the State under other good 22 neighbor agreements.’’; 23 (C) in paragraph (3), by inserting ‘‘, In-24 dian tribe,’’ after ‘‘Governor’’; and 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 32 •HR 2989 IH (D) by striking paragraph (4). 1 (3) C ONFORMING AMENDMENTS .—Section 2 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 3 2113a(a)) is amended— 4 (A) in paragraph (1)(B), by inserting ‘‘, 5 Indian tribe,’’ after ‘‘Governor’’; and 6 (B) in paragraph (5), by inserting ‘‘, In-7 dian tribe,’’ after ‘‘Governor’’. 8 SEC. 11. STEWARDSHIP CONTRACTING FOR GIANT SE-9 QUOIAS. 10 (a) N ATIONALPARKSERVICE.—Section 604(a)(2) of 11 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 12 6591c(c)) is amended to read— 13 ‘‘(2) D IRECTOR.—The term ‘Director’ means 14 the Director of the Bureau of Land Management 15 with respect to Bureau of Land Management lands 16 and the Director of the National Park Service with 17 respect to lands within Kings Canyon National 18 Park, Sequoia National Park, and Yosemite Na-19 tional Park.’’. 20 (b) G IANTSEQUOIASTEWARDSHIPCONTRACTS.— 21 Section 604(c) of the Healthy Forests Restoration Act of 22 2003 (16 U.S.C. 6591c(c)) is amended by adding at the 23 end the following: 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 33 •HR 2989 IH ‘‘(8) Promoting the health and resiliency of 1 giant sequoias.’’. 2 SEC. 12. GIANT SEQUOIA EMERGENCY PROTECTION PRO-3 GRAM AND FUND. 4 (a) I NGENERAL.—Chapter 1011 of title 54, United 5 States Code, is amended by inserting at the end the fol-6 lowing: 7 ‘‘§ 101123. Giant sequoia emergency protection pro-8 gram and fund 9 ‘‘(a) G IANTSEQUOIAEMERGENCY PROTECTION 10 P ROGRAM.—The National Park Foundation, in coordina-11 tion with the National Forest Foundation, shall design 12 and implement a comprehensive program to assist and 13 promote philanthropic programs of support that benefit— 14 ‘‘(1) primarily, the management and conserva-15 tion of giant sequoias on National Park Service and 16 covered National Forest System lands to promote re-17 siliency to wildfires, insects, and drought; and 18 ‘‘(2) secondarily, the reforestation of giant se-19 quoias on National Park Service and covered Na-20 tional Forest System lands impacted by wildfire. 21 ‘‘(b) G IANTSEQUOIAEMERGENCY PROTECTION 22 F UND.—The National Park Foundation, in coordination 23 with the National Forest Foundation, shall establish a 24 joint special account to be known as the Giant Sequoia 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 34 •HR 2989 IH Emergency Protection Fund (referred to as ‘the Fund’ in 1 this section), to be administered in support of the program 2 established under subsection (a). 3 ‘‘(1) F UNDS FOR GIANT SEQUOIA EMERGENCY 4 PROTECTION.—The following shall apply to the 5 Fund: 6 ‘‘(A) The Fund shall consist of any gifts, 7 devises, or bequests that are provided to the 8 National Park Foundation or National Forest 9 Foundation for such purpose. 10 ‘‘(B) The National Park Foundation and 11 National Forest Foundation shall deposit any 12 funds received for the Fund in a federally in-13 sured interest-bearing account or may invest 14 funds in appropriate security obligations, as 15 mutually agreed upon. 16 ‘‘(C) Any accrued interest or dividends 17 earned on funds received for the Fund shall be 18 added to the principal and form a part of the 19 Fund. 20 ‘‘(2) U SE OF FUNDS.—Funds shall be available 21 to the National Park Foundation and National For-22 est Foundation without further appropriation, sub-23 ject to the provisions in paragraph (3), for projects 24 and activities approved by the Chief of the Forest 25 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 35 •HR 2989 IH Service or the Director of the National Park Service 1 as appropriate, or their designees, to— 2 ‘‘(A) primarily, support the management 3 and conservation of giant sequoias on National 4 Park Service and covered National Forest Sys-5 tem lands to promote resiliency to wildfires, in-6 sects, and drought; and 7 ‘‘(B) secondarily, support the reforestation 8 of giant sequoias on National Park Service and 9 covered National Forest System lands impacted 10 by wildfire. 11 ‘‘(3) T RIBAL SUPPORT.—Of the funds provided 12 to the National Park Foundation and National For-13 est Foundation under paragraph (2), not less than 14 15 percent of such funds shall be used to support 15 tribal management and conservation of giant se-16 quoias. 17 ‘‘(c) S UMMARY.—Beginning 1 year after the date of 18 the enactment of this Act, the National Park Foundation 19 and National Forest Foundation shall include with their 20 annual reports a summary of the status of the program 21 and Fund created under this section that includes— 22 ‘‘(1) a statement of the amounts deposited in 23 the Fund during the fiscal year; 24 VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB 36 •HR 2989 IH ‘‘(2) the amount of the balance remaining in 1 the Fund at the end of the fiscal year; and 2 ‘‘(3) a description of the program and projects 3 funded during the fiscal year. 4 ‘‘(d) C OVEREDNATIONALFORESTSYSTEMLANDS 5 D EFINED.—In this section, the term ‘covered National 6 Forest System lands’ has the meaning given such term 7 in section 2 of the Save Our Sequoias Act.’’. 8 (b) C ONFORMINGAMENDMENT.—The table of sec-9 tions for chapter of title 54, United States Code, is amend-10 ed by inserting at the end the following: 11 ‘‘Sec. 101123. Giant Sequoia Emergency Protection Program and Fund.’’. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 12 (a) I NGENERAL.—Subject to the availability of ap-13 propriations made in advance for such purposes, the Sec-14 retary concerned shall allocate up to— 15 (1) $10,000,000 for fiscal year 2024; 16 (2) $25,000,000 for fiscal year 2025; 17 (3) $30,000,000 for each of fiscal years 2026 18 through 2028; and 19 (4) $40,000,000 for each of fiscal years 2029 20 through 2030. 21 (b) L IMITATION.—Of the amounts authorized under 22 subsection (a), not less than 90 percent of funds shall be 23 used to carry out section 6 and section 9 of this Act. 24 Æ VerDate Sep 11 2014 23:21 May 09, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6301 E:\BILLS\H2989.IH H2989 pbinns on DSKJLVW7X2PROD with $$_JOB