II
117th CONGRESS
2d Session
S. 4944
IN THE SENATE OF THE UNITED STATES
September 22, 2022
Mr. Burr (for himself, Mr. Manchin, and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for the operation and establishment of, and procurement of supplies for, firewood banks, and for other purposes.
Short title
This Act may be cited as the Firewood Banks Act of 2022
.
Definitions
In this Act:
Cooperating party
The term cooperating party means a State, local, or Tribal government, a nonprofit organization, or a cooperative.
Federal land
The term Federal Land means—
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
trust land (as defined in section 3765 of title 38, United States Code); and
National Forest System land.
Firewood bank
The term firewood bank means a site—
at which firewood is collected, processed, or stored; and
that is used by a cooperating party to distribute firewood to low-income or disabled individuals for personal, residential use.
Secretaries
The term Secretaries means—
the Secretary of Energy;
the Secretary of the Interior; and
the Secretary of Agriculture, acting through the Chief of the Forest Service.
Secretary concerned
The term Secretary concerned means—
the Secretary of the Interior, in the case of Federal land administered by the Secretary of the Interior; and
the Secretary of Agriculture, in the case of Federal land administered by the Secretary of Agriculture, acting through the Chief of the Forest Service.
Grants
Using funds made available under section 40803(c)(17)(B) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(17)(B)), the Secretary of Agriculture, acting through the Chief of the Forest Service, shall provide financial assistance to a cooperating party for the operation of firewood banks, including for the procurement of—
personal protective equipment;
liability insurance policies;
processing equipment; and
supplies and materials procured on a regular basis.
Firewood banks pilot program
In general
The Secretary of Energy, in collaboration with the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall establish and carry out a pilot program (referred to in this section as the pilot program) to provide heat energy for residences of low-income and disabled individuals with wood-burning stoves.
Firewood banks on Federal land
In general
Under the pilot program, the Secretary concerned may authorize 1 or more firewood banks to be established and operated on Federal land.
Requirements
A firewood bank described in paragraph (1)—
shall occupy an area of not less than 1/2 acre and not more than 6 acres;
shall be able to store not fewer than 20 cords of firewood; and
may have privately or publicly owned equipment on site to process logs into firewood.
Cooperating parties
The Secretary concerned may authorize or consult with cooperating parties—
to maintain the Federal land on which a firewood bank is established under this subsection; and
to operate the firewood bank.
Use of Federal land
The Secretary concerned, or a cooperating party, as applicable, shall use the Federal land on which a firewood bank is established under this subsection exclusively as a firewood bank.
Permits
The Secretary concerned may require a cooperating party to apply for and obtain a special use permit to establish and operate a firewood bank on Federal land under this subsection.
Liability
The Secretary concerned shall not—
be liable for any action taken by the Secretary concerned or a cooperating party in establishing or operating a firewood bank on Federal land under this subsection; or
require a cooperating party to maintain a general liability insurance policy to establish and operate a firewood bank on Federal land under this subsection.
Securing supplies of firewood for firewood banks
In general
Under the pilot program, the Secretary concerned shall—
designate trees for cutting and removal on Federal land by marking; and
make those trees available to firewood banks, consistent with this subsection.
Designation
The Secretary concerned shall designate trees under paragraph (1)(A)—
in an area located within 10 miles of each firewood bank established under subsection (b); and
in other areas that the Secretary concerned determines to be appropriate.
Requirement
The Secretary concerned shall designate trees under paragraph (1)(A) in a sufficient quantity to provide not less than 100 cords of firewood continuously to each firewood bank established under subsection (b).
No fee required
In general
Any Federal employee or party designated by a cooperating party may cut, remove, and transport to a firewood bank a tree designated under paragraph (1)(A) without the cooperating party incurring any fee.
Limitations
Permits
The Secretary concerned may require a cooperating party to apply for and obtain a permit for the cutting and removal of a tree designated under paragraph (1)(A).
No significant damage to resources
A Federal employee or a cooperating party shall not be permitted to significantly damage any resource while cutting or removing a tree designated under paragraph (1)(A).
Closed entry
The Secretary concerned may close to entry an area with trees designated under paragraph (1)(A), or make that entry subject to such conditions as the Secretary concerned determines are necessary—
for periods of not longer than 60 consecutive calendar days; and
for not longer than 150 calendar days during any 1 calendar year.
Duration
The authority to carry out the pilot program terminates on the date that is 10 years after the date of enactment of this Act.
Report
In general
Not later than 5 years after the date of enactment of this Act, and 5 years thereafter, the Secretaries shall prepare a report describing the implementation of this Act.
Submission
On completion of each report described in subsection (a), the Secretaries shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.