II
Calendar No. 594
118th CONGRESS
2d Session
S. 2991
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 22), 2023
Mr. Manchin (for himself, Mr. Barrasso, Mr. King, and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To improve revegetation and carbon sequestration activities in the United States, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the America’s Revegetation and Carbon Sequestration Act of 2023
.
Title of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—Revegetation
Sec. 101. Climate adaptation and resilient forests and rangeland measures.
Sec. 102. National revegetation effort.
Sec. 103. Experimental forests.
Sec. 104. Long-term contracts for tree and seed planting.
Sec. 105. Tree planting for communities.
Sec. 106. Revegetation on abandoned mine land.
Sec. 107. International reforestation.
TITLE II—Carbon sequestration through forest management and innovation
Sec. 201. Forest management from carbon credits.
Sec. 202. Recovery and restoration treatments following stand-replacing disturbances.
Sec. 203. Biochar and wood waste.
Sec. 204. Eradication of invasive grasses.
TITLE III—Mass timber
Sec. 301. Definitions.
Sec. 302. Joint mass timber science and education program.
Sec. 303. Storing carbon in Federal buildings.
TITLE IV—Research
Sec. 401. Longevity of forest products.
Sec. 402. Forest inventory and analysis.
Sec. 403. Bioeconomy research.
Sec. 404. Insurance product to replace buffers.
Sec. 405. Forest health threat centers.
Findings
Congress finds that—
revegetation efforts can meet multiple goals, including guarding against climate change, improving conservation and habitats, securing public water supplies, and providing for economic and cultural benefits;
a range of practical constraints, including cost, available infrastructure, and whether land has been converted to other uses that are unlikely to be abandoned, significantly limit the areas that are viable for revegetation projects, and hence revegetation projects must be targeted;
reforestation projects should occur in areas that were historically forested but have become degraded or impacted from wildfire events, windstorms, or other events, rather than other natural habitats, such as grasslands;
forests and rangelands are important for storing carbon;
established forests and native rangelands, including actively managed forests and rangelands, are preferable to new forests and rangelands that are a result of revegetation efforts, because intact forests and vegetation communities are more effective at sequestration and are more resilient to fire, storm, and drought;
natural regrowth of forests and rangelands is cheaper and more efficient than revegetation projects, as long as nonnative invasive species are not adversely impacting the landscape;
native plant development and restoration generates sustainable private sector jobs in a wide variety of sectors;
selecting the appropriate species of trees and of other vegetation and promoting biodiversity using a mixture of species naturally found in the local area, rare species, and species of economic importance are crucial to the success of revegetation efforts;
species selected for revegetation efforts and the specified planting density and structure should be suitable for the local climate, taking into account future climate resilience and other considerations;
scientific knowledge should be combined with local knowledge, and site conditions should be taken into account, in developing revegetation projects, and ideally small-scale planting trials should take place before planting large numbers of trees;
partnerships with local communities are key to the success of tree and vegetation planting projects because local people often have the most to gain from those projects;
a successful planting project must include a plan on how to source seeds or seedlings that match desired species and genetics, and that plan should involve working with local stakeholders;
the sustainability of revegetation projects is dependent on the economic impacts for all stakeholders; and
invasive grasses are a catalyst for wildfires in forests and rangelands.
Definitions
In this Act:
Carbon sequestration
The term carbon sequestration means the capture and long-term storage of atmospheric carbon dioxide.
National Forest System
The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service.
Secretary
Except in sections 103, 105(b), 201, 202, and 302, the term Secretary means the Secretary of the Interior.
Secretary concerned
The term Secretary concerned means the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service.
Revegetation
Climate adaptation and resilient forests and rangeland measures
In general
Not later than 2 years after the date of enactment of this Act, the Secretaries shall each revise applicable regulations of the Secretary concerned to require the consideration and assessment of resiliency and adaptation factors in developing strategies and efforts for revegetation, including reforestation and rangeland planting, carried out by the Secretary concerned, including in selecting species for planting.
Effect
Nothing in this section affects—
the reforestation requirements under section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601); or
the use of the forest plan revision process to make changes to reforestation approaches in an individual unit of the National Forest System.
National revegetation effort
Definitions
In this section:
Federal land
The term Federal land means—
National Forest System land, except—
the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); and
National Forest System land east of the 100th meridian; and
land under the jurisdiction of the Secretary.
Task force
The term task force means an interagency revegetation task force established under subsection (d).
Zone
The term zone means a zone described in subsection (c).
Assessment of revegetation needs
Federal land assessment
In general
Not later than 1 year after the date of enactment of this Act, the Secretaries shall assess, using the revegetation assessment tool described in paragraph (2), the number of acres of Federal land in need of revegetation, including—
acres that have experienced a stand-replacing disturbance by a wildfire, windstorm, or other natural event;
acres on which a regeneration harvest has previously taken place; and
acres that could benefit from appropriate revegetation, as determined by the Secretaries.
Ecological forestry
In conducting the assessment under subparagraph (A), the Secretaries shall consider the role of recovery periods between disturbances for the development of stand complexity.
Revegetation assessment tool
Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly develop, or use or expand an existing, objective revegetation assessment tool for each zone that uses a point system or rating scale—
to consistently assess in various geographic areas, site classes, and forest and rangeland types whether an acre of Federal land is adequately occupied by well-distributed, countable, ecologically appropriate trees or other desirable vegetation;
to rapidly assess revegetation needs on Federal land; and
to establish baseline conditions for Federal land.
Forest and rangeland cover restoration on non-Federal land
Partnership for forest and rangeland cover restoration
The Secretaries may enter into a partnership with a non-Federal entity, including Indian Tribes, with data or expertise in Federal reforestation—
to assess the opportunity to restore forest or rangeland cover across non-Federal land in the United States; or
to share existing data gathered by the non-Federal entity.
Savings clause
Nothing in this paragraph grants the Secretary concerned any additional authority over or additional access to non-Federal land.
Report
Not later than 18 months after the date of enactment of this Act, the Secretaries shall publish a report describing—
the number of acres of—
Federal land in need of revegetation; and
non-Federal land in the United States on which forest or rangeland cover can be restored and the owner of which has requested to be included in a comprehensive revegetation strategy and implementation plan developed under subsection (e)(2)(A); and
the approximate location of the land described under subparagraph (A).
Regional zones for revegetation efforts
The Secretaries shall use the regions of the National Forest System as the zones for revegetation efforts conducted by the task forces under this section.
Interagency task forces
Not later than 18 months after the date of enactment of this Act, the Secretaries shall establish an interagency revegetation task force of Federal and non-Federal members, including Indian Tribes, for each zone—
to coordinate and carry out the activities described in subsections (e), (f), and (g); and
to maximize collaboration and shared science and mapping resources among Federal and non-Federal entities, including Indian Tribes, in revegetating land in each zone, including through the use of—
Department of Agriculture climate hubs;
collaboratives formed pursuant to section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303); and
partnerships with States developed under shared stewardship agreements.
Comprehensive revegetation strategy and implementation plans
Data review
Each task force—
shall review the report published under subsection (b)(4); and
may modify, for the applicable zone, the number of acres of land in need of revegetation and the approximate location of the land identified in the report, as necessary.
Plan development
In general
Not later than 180 days after the date on which a task force is established, the task force shall develop a 10-year comprehensive revegetation strategy and implementation plan—
to revegetate not less than 25 percent of the land identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable), for the applicable zone; and
to achieve any additional goals or targets established by the task force.
Requirements
A plan developed under subparagraph (A) shall—
take into account the best available science, best practices, and available deployment tools, including climate science that can inform the design of revegetated areas to assure resilience;
be based on, to the maximum extent practicable, the report published under subsection (b)(4);
identify resources and efforts needed to conduct appropriate revegetation treatments in the applicable zone, including identifying areas in which capacity exists to plant vegetation or conduct seed dispersal;
identify the desired, locally or regionally adapted native species of vegetation and the types planting stock required in the specific areas in the zone in need of revegetation, including ecosystems that do not include trees, such as sagebrush ecosystems, grasslands, or rangelands;
identify under-represented species of trees and plants in each zone that can be acquired and should be planted under this section;
prioritize geographic areas in the applicable zone in need of revegetation, including giving priority to—
burned areas and any other destabilized land that pose heightened risks to homes, roads, and public water supplies if not revegetated;
areas at high risk of establishing invasive species;
mined land;
floodplains and riparian areas; and
land with regionally significant carbon sequestration potential;
identify—
targets or goals for the number of acres planted annually; and
other implementation actions and opportunities;
identify areas in which—
vegetation restoration is needed; but
natural regeneration is the most effective means of restoration;
identify areas in which revegetation efforts—
may cause an increased risk of a stand-replacing wildfire, disease, or insect infestation, if not properly managed; or
would be adverse to livestock grazing or use by wildlife;
consider treatments that increase the carbon sequestration capacity of forests, rangelands, and grasslands;
provide for—
consideration of palatability to support grazing by wildlife and livestock; and
coordination with State wildlife agencies, rangeland management professionals, and ranchers;
incorporate the data and strategy relating to nurseries and the availability of planting stock described in subsection (g);
for activities recommended to be carried out on non-Federal land—
identify ways to address revegetation needs voluntarily by working with States, landowners, Indian Tribes, and other interested persons; and
ensure that revegetation efforts will not adversely impact existing markets for timber and other forest materials produced from private working forests;
provide an explanation for any land not included in the implementation portion of the plan that was identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable);
utilize an experimental approach, where appropriate; and
be consistent with any applicable agency land management plans.
Exceptions
Notwithstanding subparagraph (B)(iv), a task force may determine that the selection and use of certain desirable, noninvasive, nonnative species is appropriate in certain limited circumstances, based on localized ecological conditions, as determined by the task force.
Plan modifications
A task force may modify a plan developed under paragraph (2) to address new circumstances or changing conditions.
Implementation of plans
In general
During the 10-year period beginning on the date on which a plan for a zone is completed under subsection (e)(2), the task force, in coordination with applicable Federal agencies, shall implement the plan.
Outside funding
To implement a plan developed under subsection (e)(2), the Secretary concerned may—
accept non-Federal funds, including leveraging funding opportunities relating to voluntary carbon mitigation; and
issue a certificate of donation, as appropriate.
Voluntary participation
In implementing a plan under this subsection, any activities carried out on non-Federal land shall be carried out—
in cooperation with the owner of the non-Federal land; and
only on a voluntary basis.
Enterprise team
The Secretary concerned may employ a Forest Service enterprise team to facilitate the implementation of a plan developed under subsection (e)(2).
Challenges to the reforestation pipeline in the united states
In general
A task force shall—
not later than 60 days after the date on which the task force is established, conduct an inventory of nurseries, an assessment of nursery capacity, and a tally of available planting stock in the applicable zone; and
based on the report published under subsection (b)(4), as modified under subsection (e)(1)(B) (if applicable)—
estimate the capacity of nurseries that would be necessary to fulfill revegetation needs, including identifying the species and types of planting stock needed for revegetation; and
develop a plan for increasing the number and capacity of nurseries, in accordance with the estimates under clause (i).
Seed collecting
A task force shall—
assess the current capacity to locally collect and store seed; and
develop a plan for increasing capacity described in subparagraph (A), if necessary.
Partnerships
The Secretaries may enter into a partnership with a non-Federal entity to assist a task force in meeting the requirements of this subsection.
Report to Congress
Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which each plan developed under subsection (e)(2) is fully implemented, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and publish on the website of the Department of the Interior, a report that describes, with respect to the preceding year—
whether the Secretaries have achieved compliance with the requirements of this section;
the total number of acres of land, reported by surface ownership in each zone, in need of revegetation treatments;
the total number of acres of land, reported by surface ownership in each zone, in which revegetation treatments have been carried out;
any other accomplishments and improvements to carbon sequestration capacity or other co-benefits as a result of implementing a plan under subsection (e)(2); and
any barriers to implementation of a plan developed under subsection (e)(2), including as a result of legal issues, logistical issues, seed or sapling shortages, or lack of funding.
Partnerships
The Secretaries may enter into a memorandum of agreement with any member of a task force to carry out any activity described in subsection (e), (f), (g), or (h).
Effect
Nothing in this section establishes new, extends existing, or otherwise affects post-fire rehabilitation no-grazing requirements.
Avoidance of duplication
In carrying out this section, the Secretaries shall—
avoid duplicative efforts and, to the maximum extent practicable, utilize existing efforts and personnel to develop and implement an activity described in subsection (e), (f), (g), or (h);
maximize non-Federal involvement; and
avoid using personnel who would otherwise be engaged in forest management or wildfire mitigation efforts.
Experimental forests
Purposes of this section
The purposes of this section are—
to formally authorize the experimental forests and rangelands on National Forest System land existing on the date of enactment of this Act; and
to require that—
the network of those experimental forests and rangelands be maintained in perpetuity; and
climate resiliency research is continuously conducted within the network.
Establishment of network
The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary
), shall establish and manage a network of experimental forests and ranges on National Forest System land (referred to in this section as the network
).
Management purposes
The Secretary shall manage the network for the purposes of—
research;
technology transfer; and
education.
Criteria
The network shall include—
each of the forest cover types that occur in the United States, as defined by the Forest Cover Types of the United States and Canada published by the Society of American Forests;
an experimental forest that contains forest cover types found in the State of Hawaii; and
an experimental forest that contains forest cover types found in the territories of the United States.
Climate resiliency research
Within the network, the Secretary shall conduct research, including research on—
seedling establishment, site suitability, and tree planting designs to inform and assist efforts undertaken in the United States to establish stands of trees that are resilient in future climate conditions; and
the sources and fates of carbon to construct and improve models of carbon responses to land management practices.
Public access
All data collected and research findings developed from projects undertaken on the network shall be made readily accessible to the public.
Partners
The Secretary may enter into an agreement with a State (including a State forestry agency), an educational institution, or a third party to fund or conduct research on the network.
Report
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, with respect to the network—
the location of the network on National Forest System land;
the forest cover types included in the network; and
any additional resources needed—
to establish or maintain infrastructure in an established experimental forest; or
to conduct the research described in subsection (d).
Savings clause
Nothing in this section—
modifies, limits, or repeals the applicability of any provision of law (including regulations) to National Forest System land; or
precludes the Secretary from authorizing multiple-use activities, including livestock grazing and other authorized uses on land included within the network.
Long-term contracts for tree and seed planting
In general
Notwithstanding the Federal Acquisition Regulation, the Secretary concerned may enter into a contract or cooperative agreement for re-establishing vegetation on Federal land described in subsection (b).
Federal land
Federal land referred to in subsection (a) is—
National Forest System land, other than—
the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); and
National Forest System land east of the 100th meridian;
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
land that the Secretary holds in trust for an Indian Tribe;
a unit of the National Wildlife Refuge System;
land administered by the Bureau of Reclamation; and
a unit of the National Park System.
Term
A contract or cooperative agreement described in subsection (a) shall be for a term of not more than 10 years.
Tree planting for communities
Job corps program
The Secretary of Labor shall—
develop a career and technical education and training program focused on tree planting or tree maintenance; and
offer the program as part of the Job Corps program.
Retail power provider tree planting grant program
Establishment
The Secretary of Energy (referred to in this subsection as the Secretary
), in consultation with the Secretaries, shall establish a program under which the Secretary shall award grants to States, Indian Tribes, local governments, nonprofit organizations, and retail power providers to conduct tree planting projects in accordance with this subsection (referred to in this subsection as the program
).
Applications
An entity seeking to receive a grant under the program shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including a description of how the project to be carried out using the grant funds will reduce residential energy consumption.
Priority
In awarding grants under the program, the Secretary shall give priority to tree planting projects that would provide the largest potential reduction in residential energy consumption for households.
Variety of geographic locations
In awarding grants under the program, the Secretary shall ensure diverse and equitable geographic representation among the grant recipients.
Cost-share
Federal share
Subject to subparagraph (C), the Federal share of the cost of a tree planting project carried out using a grant under the program shall be not more than 50 percent.
Non-Federal share
The non-Federal share of the cost of a tree planting project carried out using a grant under the program may be in the form of—
cash or donations received directly from non-Federal sources; or
in-kind contributions.
Waiver
The Secretary may, on a case-by-case basis, increase the Federal share described in subparagraph (A) if a tree planting project carried out using a grant under the program is located wholly in an economically distressed community.
Revegetation on abandoned mine land
Pilot program
Establishment
Using funding available to the Secretary, including funding provided under section 40804(b)(8) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(8)), the Secretary shall establish a pilot program to establish native trees, shrubs, or grasses (referred to in this section as vegetation
) on eligible mined land described in paragraph (6).
Financial assistance
In carrying out the pilot program established under paragraph (1), the Secretary shall—
in coordination with the Secretary of Agriculture, establish vegetation on eligible mined land located on Federal land;
offer financial assistance to States to establish native vegetation on eligible mined land located on State land;
offer financial assistance to Indian Tribes to establish native vegetation on eligible mined land located on Tribal land or land held in Trust for an Indian Tribe; and
establish vegetation or offer financial assistance to States or other entities to establish native vegetation on eligible mined land located on private land.
Compatibility with existing operations
Consultation
Prior to selecting a project for funding under the pilot program established under paragraph (1), the Secretary shall consult with, as applicable, the relevant Office of Surface Mining Reclamation and Enforcement abandoned mine land program office to confirm that the proposed project is compatible with any current mining, exploration, or reclamation activities.
Restriction
The Secretary shall not provide financial assistance under paragraph (2) to a person or entity with an ongoing legal obligation to revegetate the land in a project area.
Activities
The following activities associated with a project to establish vegetation on eligible mined land shall be eligible for financial assistance under paragraph (2):
Site preparation, including ripping compacted soils and incorporating soil amendments.
Vegetation planting.
Maintenance, including watering, to the extent necessary to establish vegetation under this section.
Managing competing vegetation.
Preference
Under the pilot program established under paragraph (1), the Secretary shall, to the maximum extent practicable, seek to establish vegetation that—
is ecologically appropriate; and
has a high capacity to sequester and store carbon;
serves to reconnect established landscapes or enhance habitat connectivity; or
would establish wildlife habitat that is underrepresented in the State in which the project is located.
Eligible mined land
To be eligible for financial assistance under paragraph (2), a tree planting project shall be located on—
land that was mined prior to the date of enactment of this Act;
in the case of State land or private land, land that is accessible to the public for not less than 1 day per year; and
in the case of private land, land owned by a person, or a nongovernmental organization, that has submitted to the Secretary or the State in which the land is located a request seeking to participate in the pilot program under this section.
Termination
The pilot program established under paragraph (1) shall be in effect for the 8-year period beginning on the date of enactment of this Act.
Report
Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the accomplishments of the pilot program established under subsection (a)(1), including—
jobs created or supported in rural areas;
increases in the abundance of wildlife species, including game species and song birds;
opportunities for hunting and other compatible outdoor recreation; and
an estimate of—
carbon sequestered during the 5-year period beginning on the date on which the pilot program is established; and
projected additional carbon sequestration and storage during the 15-year period beginning on the last day of the period described in subparagraph (A).
International reforestation
The Secretary of Agriculture, acting through the Chief of the Forest Service, may—
evaluate a request from another country for technical assistance for tree planting activities;
subject to the evaluation under paragraph (1) and the availability of Forest Service personnel and funding, provide to another country technical assistance for tree planting activities, including sharing—
personnel; and
knowledge through communications and technical on-site instruction; and
enter into a partnership with a nongovernmental entity that is located outside the United States or that is located in the United States and operates internationally—
to engage in activities that restore vegetation; and
to promote and improve global carbon sequestration through revegetation activities.
Carbon sequestration through forest management and innovation
Forest management from carbon credits
Definitions
In this section:
Carbon credit
The term carbon credit means a carbon or greenhouse gas credit, offset, or other defined unit—
approved by a credible, third-party entity; and
as determined by the Secretary.
Carbon credit program
The term carbon credit program means a voluntary program or market that issues, assigns, trades, or sells carbon credits.
Covered activity
The term covered activity means an improved forest management activity, including a hazardous fuel treatment, mechanical thinning, or timber harvesting project, that is—
ecologically appropriate;
carried out on National Forest System land;
designed—
to increase rates of carbon sequestration;
to increase long-term carbon storage in durable wood products; or
to mitigate or avoid carbon emissions;
carried out by—
the Secretary; or
a non-Federal entity under any existing authority available to the Secretary; and
not in competition with or adverse to the issuance, assignment, trading, or selling of forest carbon in the private sector.
National Forest System
The term National Forest System does not include—
the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or
National Forest System land east of the 100th meridian.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Funds associated with carbon credits for forest management
In general
The Secretary may use to support the implementation of covered activities, without further appropriation or fiscal year limitation, funds received from a non-Federal entity—
through a carbon credit program; or
for a carbon credit generated from National Forest System land.
Supplement, not supplant
Amounts made available under paragraph (1) shall supplement, and not supplant, any other amounts made available for covered activities.
Management of carbon credit transactions by national forest foundation
In general
The National Forest Foundation shall receive and distribute any funds received under subsection (b)(1).
Other partners
The National Forest Foundation may work with other entities that use funds received through a carbon credit program or for a carbon credit generated from National Forest System land to design, manage, account for, or implement a covered activity.
Methodology
For the management of transactions described in this section, the National Forest Foundation, in collaboration with the Secretary, shall develop and use a methodology that calculates the predicted increase in carbon sequestration or in the longevity of long-term carbon storage for a project or the avoided release of carbon due to reduction of the risk of high-severity fire and other disturbances, by considering—
retention of forest cover;
carbon sequestration rates before and after the implementation of a covered activity;
reduction in the risk of tree mortality;
restoration of historic fire regimes; and
the long-term storage of carbon in long-lasting wood products.
Reports to congress
The Secretary, in collaboration with the National Forest Foundation, shall annually submit to Congress a report describing the status of the program under this section, including—
the extent to which additional covered activities that were implemented with funding received under subsection (b)(1) have been carried out; and
any recommendations to improve or expand the program, including expansion of the authorities under this section to land managed by the Secretary of the Interior.
Effect
Nothing in this section authorizes any activity that is inconsistent with—
any applicable forest plan; or
any other provision of law (including regulations).
Recovery and restoration treatments following stand-replacing disturbances
Definition of stand-Replacing disturbance
In this section, the term stand-replacing disturbance means a natural disturbance event, including a wildland fire or other event, that kills all or most of the living overstory trees in a stand and initiates forest succession or regrowth on a unit of the National Forest System.
Pilot national forests
Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary), shall identify units of the National Forest System that the Secretary determines to be at high or very high risk of experiencing a stand-replacing disturbance during the 10-year period following the date of enactment of this Act.
Interdisciplinary teams
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall establish an interdisciplinary post-disturbance planning team (referred to in this section as the team) to assist in carrying out the requirements of this section.
TEAMS Enterprise
The Secretary may employ a Forest Service enterprise team or a regional planning center to meet the requirement of this subsection.
Model Land and Resource Management Plan Amendment
In general
Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with the team, shall develop a model land and resource management plan amendment establishing plan content for future site-specific project-level decisions if a stand-replacing disturbance occurs on units of the National Forest System identified under subsection (b).
Content
The model amendment required under paragraph (1) shall include direction regarding post-disturbance management, including salvage logging and reforestation activities, to achieve desired conditions, objectives, standards, guidelines, suitability of lands, and other plan content, including goals and monitoring provisions, of the existing land and resource management plan on the applicable unit of the National Forest System, if a stand-replacing disturbance occurs.
Use of Model Land and Resource Management Plan Amendment
The Secretary shall utilize the Model Land and Resource Management Plan Amendment, as adapted to the unique ecological and socioeconomic setting for each unit of the National Forest System identified under subsection (b), in carrying out subsection (e).
Land and Resource Management Plan Amendments
In general
As soon as practicable, but not later than 10 years, after the date of enactment of this Act, the Secretary, assisted by the team, shall amend the applicable land and resource management plan of each unit of the National Forest System identified under subsection (b).
Process
The Secretary shall comply with all relevant laws in carrying out this section.
Election
The Secretary may comply with the provisions of this section by incorporating the requirements of this section into an ongoing land and resource management plan revision or amendment process.
Biochar and wood waste
Food and Drug Administration biochar pilot program
In general
The Commissioner of Food and Drugs (referred to in this subsection as the Commissioner
), in consultation with the Secretary of Agriculture and in coordination with States, shall establish a pilot program to grant a nationwide food use authorization of biochar as a feed additive for cattle.
Terms
The pilot program described in this subsection shall be—
for a period of not more than 5 years; and
subject to any conditions that the Commissioner determines appropriate.
Savings clause
The Commissioner shall ensure that participation in the pilot program under this subsection is voluntary.
USGS commercialization plan
In general
Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director of the United States Geological Survey, in coordination with any relevant non-Federal entities, shall develop and publish a national commercialization plan for the production, sale, and use of biochar as a soil amendment for plant growth improvement, including for commercial, agricultural, and residential use.
Requirement
The commercialization plan required under paragraph (1) shall, at a minimum—
identify—
impediments to producing large quantities of biochar for agricultural, forestry, or other commercial uses; and
solutions for those impediments; and
propose a framework for demonstration efforts to increase consumer demand for biochar.
Eradication of invasive grasses
Definitions
In this section:
Action plan
The term action plan means the action plan developed under subsection (b).
Federal land
The term Federal land means—
National Forest System land, except—
the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); and
National Forest System land east of the 100th meridian; and
land under the jurisdiction of the Secretary.
Invasive grass
The term invasive grass means—
cheatgrass;
ventenata;
medusahead; and
any additional invasive, nonnative annual grass species that the Secretaries determine pose a risk by—
increasing fire vulnerability and fire spread; and
altering fire regimes.
Target treatment area
The term target treatment area means a target treatment area described in subsection (b)(2)(D).
Action plan
In general
The Secretaries shall jointly develop and implement an action plan to map, treat, and control invasive grass—
to promote the resiliency, biodiversity, and carbon sequestration capacity of forests, rangelands, and grasslands;
to minimize risks from wildfire; and
to enhance the quality of forage for wildlife and livestock.
Requirements
The action plan shall—
consider or incorporate existing efforts;
take into account—
the latest science;
best practices; and
available deployment tools;
be prepared in coordination with State and local governmental entities and the heads of other Federal agencies, including the Chief of the Natural Resources Conservation Service, that are engaged in activities to control invasive grass to leverage and maximize funding and resources;
identify and depict on a map target treatment areas that focus on—
areas with a large quantity of invasive grass where revegetation with native species is most likely to succeed;
areas at high risk of wildfire;
areas in which invasive grass negatively impacts livestock grazing or other uses;
wildlife habitat and forage needs, particularly sagebrush habitat;
areas prone to infestations; or
areas deemed important by the Secretaries;
establish—
specific goals;
specific implementation actions that the Secretaries and partners of the Secretaries will conduct over a 5-year period; and
targets, including acres to be treated annually in the target treatment areas;
provide for a combination of treatment methods for the most effective control of an invasive grass, including—
mechanical treatment methods;
cultural treatment methods;
biological treatment methods, which may include livestock grazing;
prescribed fire; or
chemical treatment methods;
identify and implement, to the extent practicable, best practices, such as the use of spray washing stations, to reduce the spreading of invasive grass seed adjacent to infested areas or into noninfested areas;
identify methods and tools for the post-treatment monitoring of target treatment areas to determine the effectiveness of a treatment and control efforts;
initiate and expedite environmental reviews for treatments, as required by applicable law, including identifying—
methods for achieving timely decisions and implementation for treatments, monitoring, and follow-up treatments based on monitoring; and
maximizing opportunities to cooperate with other Federal and State agencies in analysis, assessments, and studies; and
establish guidelines that—
if native, intact grasses are absent within a target treatment area and the target treatment area is prone to high-risk vectors or pathways—
identify geographically based desirable, native seed mix and seed reserves;
prioritize reseeding the area in the target treatment area; and
monitor for the presence of new invasive grass and promptly treat any invasive grass present; and
if, after conducting a treatment, desirable native grasses are established and dominant in a target treatment area, provide for the natural restoration of native grasses.
Deadline to finalize action plan
Not later than 270 days after the date of enactment of this Act, the Secretaries shall finalize the action plan.
Implementation of action plan
In general
Not later than 60 days after the date on which the action plan is finalized under paragraph (3), the Secretaries shall begin implementing the action plan.
Memoranda of understanding and agreements
In implementing the action plan, the Secretary concerned may enter into a memorandum of understanding or an agreement with non-Federal entities, as appropriate, to carry out activities under the action plan to control the spread of an invasive grass on Federal land or land adjacent to Federal land.
Cooperating agency coordination
The Secretary concerned shall, to the extent practicable, offer to assist in the preparation of environmental reviews that may be necessary in implementing treatment and control activities on non-Federal land.
Reports to Congress
Not later than 3 years after the date of enactment of this Act, and annually thereafter during the period in which the action plan is being implemented, the Secretaries shall submit to Congress a report assessing the effectiveness of the action plan that includes a description of—
the location of the target treatment areas;
the number of acres within target treatment areas on which treatments were conducted;
the agreements or partnerships entered into under subsection (b)(4)(B) to advance the implementation of the action plan;
monitoring information described in subsection (b)(2)(H); and
recommendations for studies to explore innovative methods and practices to treat and control invasive grass.
Funding
Outside funding
The Secretary concerned may accept non-Federal funds to implement any provision of this section.
Other funding
In addition to any funding received under paragraph (1), the Secretaries may expend to carry out this section up to $30,000,000 of any funding made available to the Secretary concerned for invasive species control, including funding provided under section 40804(b)(6) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(6)).
Limitations
Of the amounts made available to carry out this section, not more than 10 percent shall be used for development of the action plan.
Mass timber
Definitions
In this title:
Local approving agency
The term local approving agency means an agency or unit of a local government that is responsible for the issuance of permits for building construction.
Mass timber
The term mass timber includes—
cross-laminated timber;
nail laminated timber;
glue laminated timber;
dowel laminated timber;
laminated strand lumber; and
laminated veneer lumber.
Procuring agency
The term procuring agency means the Department of the Interior, the Forest Service, or a person that is a party to a contract with the Department of the Interior or the Forest Service, with respect to work performed under such a contract.
Tall wood building
The term tall wood building means a building designed to be—
constructed with mass timber; and
if a residential building, more than 4 stories in height; and
if a commercial building, more than 5 stories in height.
Joint mass timber science and education program
Mass timber science and education program with the forest products laboratory
The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service (referred to in this section as the Secretary), shall establish a mass timber science and education program to respond to the emerging research needs of architects, developers, and the forest products industry.
Coordination
The Secretary shall work closely with research programs at colleges and universities in administering the mass timber science and education program established under subsection (a) to supplement the current research and educational efforts of colleges and universities.
Purposes
The mass timber science and education program established under subsection (a) shall have the following principal purposes:
To provide practical research responsive to the needs of architects, developers, and the forest products industry, including assessments of carbon impacts in the originating forests and the end use of mass timber in the built environment.
To engage and listen to clients and then develop focused, strategic lines of new research responsive to those needs, which may include research relating to flammability and performance during a fire, structural characteristics, energy use and savings, acoustics, and slab construction composed of hybrid materials.
To solicit proposals from scientists who compete for funding through a rigorous peer-review process designed to ensure the best projects are funded.
To disseminate research findings using a suite of communication tools to ensure that architects, developers, and the forest products industry are aware of, understand, and can use the information to make sound decisions and implement projects.
To develop and facilitate the adoption, on a voluntary basis, of a curriculum for building structures using mass timber for use in schools of engineering and architecture that includes—
structural design; and
the possibilities, benefits, and limitations of using mass timber in construction.
Mass timber plan
Not later than September 30, 2024, the Secretary shall submit to the relevant committees of Congress a mass timber plan that includes—
an assessment of the current state of knowledge about mass timber and tall wood buildings;
an integrated approach to improve knowledge sharing;
an approach for project monitoring and evaluation; and
an approach for setting research priorities.
Stakeholder advisory group
Membership
The Secretary shall appoint a stakeholder advisory group of technical experts that consists, at a minimum, of—
a Forest Service scientist;
a researcher from a college or university;
a representative of a trade association;
an architect or developer;
a representative of a local approving agency;
a representative of a forest products company; and
a representative of a nongovernmental organization with experience—
designing or constructing tall wood buildings; or
complying with or revising related building codes.
Duties
The stakeholder advisory group shall meet at least annually—
to consider immediate and long-term science needs;
to suggest to the Secretary appropriate topic areas, specific issues within those topic areas, and information transfer needs for which the Secretary shall solicit proposals described in subsection (c)(3); and
to assist the Secretary in drafting the mass timber plan required under subsection (d).
Assistance
The Secretary may provide to the Secretary of Transportation and to States technical assistance relating to the use of wood in bridges when undergoing revisions to a State bridge design manual.
Availability of appropriations
From amounts appropriated for Forest Service research, excluding funding made available for the Forest Inventory and Analysis program, the Secretary may use $4,000,000 to carry out the activities described in this section.
Storing carbon in Federal buildings
Mass timber buildings database and plan
Database
The Secretaries, in coordination with any other relevant agencies, shall develop and maintain a running database of mass timber buildings that are owned or leased by the Federal Government and are occupied primarily by employees of the Secretaries (referred to in this subsection as the database
).
Assessment
The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, shall conduct an assessment of each mass timber building included in the database, which shall include collecting data on the embodied carbon of the materials used in the construction of the mass timber buildings included in the database.
Plan
In general
The Secretaries shall prepare a plan to increase the quantity of carbon stored in buildings that are owned or leased by the Federal Government and are occupied primarily by employees of Secretaries.
Plan submission
Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit the plan under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
Material neutrality
The plan submitted by the Secretaries shall be, to the maximum extent practicable, material neutral, and may include using mass timber, carbon concrete, and any other materials.
Minimum purchases
In general
Not later than September 30, 2027, subject to the exceptions listed in paragraph (2), the Secretaries shall procure facilities, buildings, or structures, including not fewer than 100 single-occupancy restrooms, using domestic mass timber.
Exceptions
The Secretaries may decide not to procure facilities, buildings, or structures using domestic mass timber if the Secretaries determine that the items—
are not reasonably available within a reasonable period of time;
fail to meet the reasonable performance standards of the procuring agencies;
are not necessary to support the mission of the applicable agency; or
are available only at an unreasonable price.
Coordination and technical assistance
The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, may coordinate with other Federal agencies and non-Federal partners for the purpose of improving the management and efficiency of constructing mass timber buildings and infrastructure.
Research
Longevity of forest products
The Secretary of Energy, in coordination with the Secretary of Agriculture, shall—
develop more accurate and efficient methods and technologies to measure and monitor the amount and average lifespan of carbon stored in woody biomass energy feedstocks and building materials;
by not later than 2 years after the date of enactment of this Act, publish estimates of the amount and average lifespan of carbon stored in different woody biomass energy feedstocks and building materials, including in short-lived forest products and long-lived wood products; and
by not later than 3 years after the date of enactment of this Act, publish an estimate of the total amount of carbon stored in—
short-lived forest products;
building materials; and
other long-lived wood products.
Forest inventory and analysis
In general
To bring more innovation and efficiency to climate-resilient forestry actions in the United States, the Secretary of Agriculture, acting through the Chief of the Forest Service—
shall publish a report, or expand on a report being published pursuant to another provision of law, that demonstrates the efforts of the Forest Service—
to measure a consistent historical series of field plots while using advanced technology, including remote sensing, to improve data and information; and
to use advanced geospatial technologies to improve area and volume estimates, especially for sub-State regions and smaller area estimates;
may use remote sensing technologies and other technologies to develop more accurate and efficient methods and to reduce costs to facilitate the measuring and monitoring of forest carbon in the United States, in a manner that can—
assess landscape-scale or regional-scale carbon stocking;
improve the quantity and quality of the information available to policy makers and forest managers, including with regard to forest inventories and verification activities;
empower private forest owners to participate in voluntary carbon crediting opportunities; and
enable—
a policy maker to compare the consequences of policy options to increase climate benefits from forests; and
an assessment of the effectiveness of a policy implemented to increase the climate benefits from forests; and
may accelerate, or increase the frequency of, current inventories and data collection activities across all forest types to ensure consistent nationwide estimates of forest carbon pools that can reflect short-term changes from disturbances, such as wildfires, and management activities.
Funding
The Secretary of Agriculture, acting through the Chief of the Forest Service, may annually use to carry out this section not more than $10,000,000 of any amount made available to the Forest Service for research.
Bioeconomy research
The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, shall expand research relating to the use of wood—
to facilitate the establishment of new markets, including nontraditional markets, for material produced from forest management projects that typically has little or no commercial value;
to increase the economic viability of manufacturing products using material described in paragraph (1); and
including structural testing of hardwood species for use in mass timber.
Insurance product to replace buffers
The Secretary of Agriculture, acting through the Chief of the Forest Service, may—
establish an intragovernmental revolving fund to maintain adequate buffer reserves for a project implementing a covered activity (as defined in subsection (a) of section 201) under that section to cover unforeseen losses in carbon stocks to address nonpermanence; and
transfer amounts into and out of the intragovernmental revolving fund established under paragraph (1) to serve as a buffer pool for covered activities referred to in paragraph (1).
Forest health threat centers
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
seek to expand the services provided by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center such that those Centers become centers of excellence to inform large-scale climate-resilient forest management; and
share the syntheses, models, and application tools developed by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center with—
the Department of Agriculture climate hubs; and
the Climate Adaptation Science Centers managed by the Secretary, acting through the Director of the United States Geological Survey.
Short title; table of contents
Short title
This Act may be cited as the America’s Revegetation and Carbon Sequestration Act of 2024
.
Title of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Revegetation
Sec. 101. Climate adaptation and resilient forests and rangeland measures.
Sec. 102. National revegetation effort.
Sec. 103. Experimental forests and ranges.
Sec. 104. Long-term contracts for tree and seed planting.
Sec. 105. Revegetation workforce.
Sec. 106. Revegetation on abandoned mine land.
TITLE II—Carbon sequestration through forest management and innovation
Sec. 201. Forest management from carbon credits.
Sec. 202. Recovery and restoration treatments following stand-replacing disturbances.
Sec. 203. Eradication of invasive grasses.
TITLE III—Research
Sec. 301. Longevity of forest products.
Sec. 302. Forest inventory and analysis.
Sec. 303. Bioeconomy research and technology transfer.
Sec. 304. Forest health threat centers.
Sec. 305. Joint mass timber science and education program.
TITLE IV—Miscellaneous
Sec. 401. Designation of Patsye Crites Forest.
Definitions
In this Act:
Carbon sequestration
The term carbon sequestration means the capture and long-term storage of atmospheric carbon dioxide.
Federal land
The term Federal land means—
National Forest System land; and
land under the jurisdiction of the Secretary.
National Forest System
In general
The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Exclusion
The term National Forest System does not include any forest reserve not created from the public domain.
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service.
Secretary
Except as provided in sections 103, 201, 202, 303, and 305, the term Secretary means the Secretary of the Interior.
Secretary concerned
The term Secretary concerned means the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service.
Revegetation
Climate adaptation and resilient forests and rangeland measures
In general
Not later than 2 years after the date of enactment of this Act, the Secretaries shall each revise applicable regulations of the Secretary concerned to require the consideration and assessment of resiliency and adaptation factors in developing strategies and efforts for revegetation, including reforestation and rangeland planting, carried out by the Secretary concerned, including in selecting species for planting.
Effect
Nothing in this section affects—
the reforestation requirements under section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601); or
the use of the forest plan revision process to make changes to reforestation approaches in an individual unit of the National Forest System.
National revegetation effort
Reforestation reports submitted to additional committees
Section 70303 of the Infrastructure Investment and Jobs Act (16 U.S.C. 1601 note; Public Law 117–58) is amended, in the matter preceding paragraph (1), by striking Senate
and inserting Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives,
.
Reforestation report from the Department of the Interior
Definitions
In this subsection:
Appropriate congressional committees
The term appropriate congressional committees means—
the Committee on Appropriations of the Senate;
the Committee on Appropriations of the House of Representatives;
the Committee on Energy and Natural Resources of the Senate;
the Committee on Natural Resources of the House of Representatives;
the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
the Committee on Agriculture of the House of Representatives.
FRRRPA terms
The terms natural regeneration, reforestation, and unplanned event have the meanings given those terms in section 3(e)(4)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(A)).
Priority land
The term priority land means historically forested land under the jurisdiction of the Secretary concerned that, due to an unplanned event—
requires reforestation to meet the objectives described in an applicable land use plan; and
is unlikely to experience natural regeneration.
Reforestation report
Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the appropriate congressional committees a report containing estimates of—
the number of acres of priority land; and
the amounts necessary to be appropriated, in addition to amounts available from other sources, to implement reforestation projects on all priority land not later than 10 years after the date of submission of the report, including amounts necessary—
to secure seed;
to grow seedlings;
to prepare sites for reforestation;
to plant trees;
to conduct thinning;
to remove deleterious growth and underbrush;
to build fencing to exclude livestock and adverse wildlife from reforestation areas; and
to otherwise establish and improve growing forests.
Annual updates
Not later than 1 year after the date of submission of the report under paragraph (2), and annually thereafter for the subsequent 8 years, the Secretary shall prepare for inclusion in the budget of the United States Government required to be submitted by the President under section 1105 of title 31, United States Code, an update to the report required under paragraph (2).
Supporting the reforestation pipeline in the United States
In general
The Secretaries shall jointly—
not later than 90 days after the date on which the report is submitted under subsection (b)(2), conduct—
an inventory of orchards and nurseries capable of supporting reforestation (as defined in section 3(e)(4)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(4)(A))) on priority land (as defined in subsection (b)(1));
an assessment of the capacity of the orchards and nurseries listed in the inventory under clause (i); and
a comparison of available planting stock in each region in which orchards and nurseries listed in the inventory under clause (i) are located, as determined by the Secretaries; and
based on the estimates contained in the report submitted under subsection (b)(2) and the estimates submitted under section 3(e)(2) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(2))—
prepare an estimate of the capacity of orchards and nurseries that would be necessary to implement reforestation projects on all priority land (as defined in section (b)(1)) within 10 years, including identifying the species and types of planting stock needed for that reforestation; and
develop a plan for increasing the capacity of orchards and nurseries such that the necessary capacity described in clause (i) is achieved.
Seed collecting
The Secretaries shall each—
assess whether the current workforce capacity and infrastructure capacity to locally collect, process, and store seed is sufficient to implement reforestation projects on all priority land within 10 years;
if the Secretary concerned determines that workforce capacity or infrastructure capacity is insufficient under subparagraph (A), develop and carry out a plan for increasing workforce capacity, infrastructure capacity, or both, as applicable; and
in developing and carrying out the plan under subparagraph (B), coordinate with any Job Corps program established under section 105(a) regarding the development and hiring of the workforce for orchards and nurseries.
Availability of plant material
In general
In carrying out a revegetation project on Federal land, the Secretary concerned may submit to the other Secretary concerned a request for plant material purchased, owned, grown, or managed by the other Secretary concerned.
Provision
The Secretary concerned to which a request is submitted under subparagraph (A) shall provide the requested plant material, to the extent practicable.
Reimbursement
The Secretary concerned that submits a request under subparagraph (A) shall reimburse the other Secretary concerned for any plant material provided under the request.
Partnerships
The Secretary concerned may enter into an agreement with a non-Federal entity to carry out any activity described in subsection (b) or (c).
Reforestation trust fund
Section 303 of Public Law 96–451 (16 U.S.C. 1606a) is amended—
in subsection (c), by striking (c)(1) It shall be
and all that follows through the period at the end of paragraph (1) and inserting the following:
Annual reports; investments
Annual reports
The Secretary of Agriculture, in coordination with the Secretary of the Treasury, shall submit to Congress an annual report that contains a description of—
the deposits in, expenditures from, and balance of the Trust Fund;
the projects funded by the Trust Fund; and
projected deposits in, and any projected expenditures from, the Trust fund for the next fiscal year.
;
by conforming the margins of subsection (c)(2), and the margins of the subparagraphs within that paragraph, accordingly; and
by striking subsection (d) and inserting the following:
Obligation of funds
The Secretary of Agriculture (referred to in this subsection as the Secretary) may obligate such sums as are available in the Trust Fund, including any amounts not obligated in previous fiscal years, for—
reforestation on National Forest System land in accordance with section 3(e) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e));
site preparation as needed to accomplish reforestation described in paragraph (1);
seed collection, preparation, and storage necessary to support appropriate seed availability;
nursery construction or activities necessary to support appropriate seedling availability; and
properly allocable administrative costs for the activities described in paragraphs (1) through (4).
.
Avoidance of duplication
In carrying out this section and the amendments made by this section, the Secretaries shall—
avoid duplicative efforts and, to the maximum extent practicable, utilize existing efforts and personnel to develop and implement an activity required under this section or an amendment made by this section; and
avoid using personnel who would otherwise be engaged in forest management or wildfire mitigation efforts.
Effect
Nothing in this section or an amendment made by this section establishes new, extends existing, or otherwise affects any requirement under Federal law prohibiting or restricting grazing during post-wildfire rehabilitation.
Experimental forests and ranges
Purposes
The purposes of this section are—
to formally authorize the experimental forests and ranges of the Secretary of Agriculture (referred to in this section as the Secretary) existing on the date of enactment of this Act; and
to require the Secretary—
to establish and manage a network of experimental forests and ranges over timescales that support long-term research; and
to continuously conduct within the network described in subparagraph (A) long-term research on changes in forest and range systems, including on the impacts of management, climate change, and other stressors.
Establishment of network
The Secretary shall establish and manage a network of experimental forests and ranges (referred to in this section as the network
) on—
as practicable, National Forest System land;
other Federal land; or
other land that may be managed by the Secretary under a long-term agreement.
Management purposes
The Secretary shall manage the network for the purposes of—
research;
technology transfer; and
education.
Criteria
The network shall include—
each of the forest cover types that occur in the United States, as defined under the forest inventory and analysis program established under section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e));
an experimental forest that contains forest cover types found in the State of Hawaii;
an experimental forest that contains forest cover types found in the territories of the United States; and
experimental ranges that represent rangeland vegetation types in the United States.
Climate resiliency research
Within the network, the Secretary shall conduct research, including research on—
seedling establishment, site suitability, and revegetation schedules and designs to inform and assist efforts undertaken in the United States to establish forests and ranges that are resilient in future climate conditions;
the sources, sinks, and transport mechanisms of carbon to construct and improve models of carbon responses to land management practices and under changing climate conditions;
vegetation changes and ecosystem conversion; and
hydrologic changes associated with vegetation or climatic changes.
Traditional ecological knowledge
To the extent practicable and consistent with other Federal laws (including regulations), the Secretary shall integrate indigenous perspectives and traditional ecological knowledge in the development and research plans for forests and ranges within the network.
Public access
Consistent with other laws (including regulations), the Secretary shall make readily accessible to the public any collected data and research findings from projects within the network.
Partners
The Secretary may enter into an agreement with a State (including a State forestry agency), an Indian Tribe, a Tribal organization, an educational institution, or a third party to fund or conduct research on the network.
Report
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, with respect to the network—
the location of forests and ranges;
the forest cover types included in the network and any forest cover types not included in the network; and
any additional resources needed—
to establish or maintain infrastructure in an established experimental forest or range;
to expand the network to additional forest cover types not included in the network; or
to conduct the research described in subsection (e).
Savings clause
Nothing in this section—
modifies, limits, or repeals the applicability of any other provision of law (including regulations) to National Forest System land; or
precludes the Secretary from authorizing multiple-use activities, including livestock grazing and other authorized uses on land included within the network.
Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
Long-term contracts for tree and seed planting
In general
The Secretary concerned may enter into a contract or cooperative agreement for re-establishing vegetation on Federal land under the jurisdiction of the Secretary concerned.
Term
Notwithstanding the time limit for multiyear contracts in section 3903 of title 41, United States Code, a contract or cooperative agreement described in subsection (a) may be for a term of not more than 10 years.
Revegetation workforce
Job corps program
The Secretary of Labor, in coordination with the Secretaries, shall—
develop a career and technical education and training program focused on tree planting and revegetation, tree maintenance, nursery management, or seed collection; and
offer the program as part of the Job Corps program.
Direct hire authority
In general
The Secretary concerned may appoint, without regard to subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a graduate of the program developed and offered under subsection (a) directly to a position within, as applicable, the Department of Agriculture or the Department of the Interior—
for which the candidate meets Office of Personnel Management qualification standards; and
of which the primary duties relate directly to the training the graduate received under the program developed and offered under subsection (a).
Limitation
The Secretary concerned may exercise the direct hire authority under paragraph (1) with respect to a specific qualified candidate not later than 1 year after the date on which the candidate completed the program developed and offered under subsection (a).
Revegetation on abandoned mine land
Pilot program
Establishment
Using funding available to the Secretary, including funding provided under section 40804(b)(8) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(8)), the Secretary shall establish a pilot program to establish native trees, shrubs, or grasses (referred to in this section as vegetation
) on eligible mined land described in paragraph (6).
Financial assistance
In carrying out the pilot program established under paragraph (1), the Secretary shall—
in coordination with the Secretary of Agriculture, establish vegetation on eligible mined land located on Federal land;
offer financial assistance to States to establish native vegetation on eligible mined land located on State land;
offer financial assistance to Indian Tribes to establish native vegetation on eligible mined land located on Tribal land or land held in Trust for an Indian Tribe; and
establish vegetation or offer financial assistance to States or other entities to establish native vegetation on eligible mined land located on private land.
Compatibility with existing operations
Consultation
Prior to selecting a project for funding under the pilot program established under paragraph (1), the Secretary shall consult with, as applicable, the relevant Office of Surface Mining Reclamation and Enforcement abandoned mine land program office to confirm that the proposed project is compatible with any current mining, exploration, or reclamation activities.
Restriction
The Secretary shall not provide financial assistance under paragraph (2) to a person or entity with an ongoing legal obligation to revegetate the land in a project area.
Activities
The following activities associated with a project to establish vegetation on eligible mined land shall be eligible for financial assistance under paragraph (2):
Site preparation, including ripping compacted soils and incorporating soil amendments.
Vegetation planting.
Maintenance, including watering, to the extent necessary to establish vegetation under this section.
Managing competing vegetation.
Preference
Under the pilot program established under paragraph (1), the Secretary shall, to the maximum extent practicable, seek to establish vegetation that—
is ecologically appropriate; and
has a high capacity to sequester and store carbon;
serves to reconnect established landscapes or enhance habitat connectivity; or
would establish wildlife habitat that is underrepresented in the State in which the project is located.
Eligible mined land
To be eligible for financial assistance under paragraph (2), a tree planting project shall be located on—
land that was mined prior to the date of enactment of this Act;
in the case of State land or private land, land that is accessible to the public for not less than 1 day per year; and
in the case of private land, land owned by a person, or a nongovernmental organization, that has submitted to the Secretary a request seeking to participate in the pilot program under this section.
Termination
The pilot program established under paragraph (1) shall be in effect for the 8-year period beginning on the date of enactment of this Act.
Report
Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the accomplishments of the pilot program established under subsection (a)(1), including—
jobs created or supported in rural areas;
increases in the abundance of wildlife species, including game species and song birds;
opportunities for hunting and other compatible outdoor recreation; and
an estimate of—
carbon sequestered during the 5-year period beginning on the date on which the pilot program is established; and
projected additional carbon sequestration and storage during the 15-year period beginning on the last day of the period described in subparagraph (A).
Carbon sequestration through forest management and innovation
Forest management from carbon credits
Definitions
In this section:
Buffer pool
The term buffer pool means additional sequestered carbon or greenhouse gas held in reserve beyond the carbon or greenhouse gas represented by a carbon credit to serve as an offset in the event of nonpermanence or carbon sequestration reversal for a carbon credit.
Carbon credit
The term carbon credit means a credit, offset, or other defined unit of carbon or a greenhouse gas that—
represents additional carbon or greenhouse gas sequestered or carbon or greenhouse gas emissions mitigated, compared to such sequestration or mitigation without the financial support embodied in the credit, offset, or other defined unit;
is approved by a credible, third-party entity;
is generated from the implementation or funding of a covered activity; and
is identifiable, measurable, and traceable.
Carbon credit program
The term carbon credit program means a voluntary program or market that issues, assigns, trades, or sells carbon credits.
Covered activity
The term covered activity means a forest revegetation activity that—
is ecologically appropriate;
is carried out on National Forest System land;
is designed, in accordance with the best available science—
to increase rates of carbon or greenhouse gas sequestration;
to increase the quantity of sequestered carbon or greenhouse gas; or
to mitigate or avoid carbon or greenhouse gas emissions;
to the extent practicable, is accomplished using plants native to the landscape or to adjacent landscapes;
to the maximum extent practicable, revegetates the area in a manner and at a schedule that minimizes the threat of stand-replacing wildfire; and
is carried out by—
the Secretary; or
a non-Federal entity authorized by the Secretary under any other provision of law.
Intragovernmental revolving fund
The term intragovernmental revolving fund means a Federal account that receives a portion of funds received through a carbon credit program for use for covered activities in the event of nonpermanence or carbon sequestration reversal for a carbon credit.
Resilience
The term resilience means the ability of an area of the National Forest System to retain its inherent ecological structure, composition, and functional integrity in response to historical and anticipated stresses for the forest type of the area, at any level from the ecosystem to the landscape scale, over the age span of the dominant trees of the area.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Funds associated with carbon credits for forest management
In general
The Secretary may expend funds received from a non-Federal entity from a carbon credit program for a carbon credit, without further appropriation or fiscal year limitation, to support the implementation of covered activities.
Supplement, not supplant
Amounts made available to the Secretary under paragraph (1) shall supplement, and not supplant, any other amounts made available for covered activities.
Exclusive use
Amounts made available to the Secretary under paragraph (1) shall only be used for—
the implementation of covered activities; and
any properly allocable administrative costs.
Management of carbon credit transactions by national forest foundation
In general
The National Forest Foundation shall receive and distribute any funds received under subsection (b)(1).
Other partners
The National Forest Foundation and the Secretary may work with other entities that use funds received through a carbon credit program or for a carbon credit to design, manage, account for, implement, or monitor a covered activity.
Methodology
For the management of transactions described in this section, the National Forest Foundation and the Secretary shall jointly develop and use a methodology that calculates the value of a carbon credit, based on—
the reestablishment or retention of forest cover;
carbon sequestration rates before and after the implementation of the covered activity; and
such other considerations as are necessary to accurately calculate the value of the carbon credit.
Limitations
A carbon credit—
shall not be construed to constrain, limit, or otherwise affect the authority of the Secretary to carry out activities within the National Forest System; and
shall be limited in value to the amount necessary to represent the carbon or greenhouse gas sequestered by vegetation with a stand density index of not greater than the stand density index necessary for resilience of the forest cover type in the area where the carbon credit is generated.
Risk mitigation tools
The Secretary may—
establish a buffer pool, an intragovernmental revolving fund, or another similar risk mitigation tool for a project to carry out a covered activity under this section;
transfer amounts into and out of the buffer pool, intragovernmental revolving fund, or other tool established under paragraph (1); and
develop a protocol, after providing notice and an opportunity for public comment, for the management of the buffer pool, intragovernmental revolving fund, or other tool established under paragraph (1).
Reports to Congress
The Secretary, in collaboration with the National Forest Foundation, shall annually submit to Congress a report describing the status of the program under this section, including—
the extent to which covered activities that were implemented as a direct result of funding received under subsection (b)(1) have been carried out; and
any recommendations to improve or expand the program, including expansion of the authorities under this section to land managed by the Secretary of the Interior.
Transparency
The Secretary, in collaboration with the National Forest Foundation, shall make publicly available on a website of the Forest Service the data relating to all carbon credits issued, traded, sold, or retired under this section.
Effect
Nothing in this section authorizes any activity that is inconsistent with—
any applicable land management plan; or
any other provision of law (including regulations).
Recovery and restoration treatments following stand-replacing disturbances
Definition of stand-replacing disturbance
In this section, the term stand-replacing disturbance means a natural disturbance event, including a wildland fire or other event, that kills all or most of the living overstory trees in a stand and initiates forest succession or regrowth on a unit of the National Forest System.
Pilot national forests
Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary
), shall identify units of the National Forest System that the Secretary determines to be at high or very high risk of experiencing a stand-replacing disturbance during the 10-year period following the date of enactment of this Act.
Interdisciplinary teams
Not later than 2 years after the date of enactment of this Act, the Secretary shall establish an interdisciplinary post-disturbance planning team (referred to in this section as the team
) to assist in carrying out the requirements of this section.
Model land and resource management plan amendment
In general
Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with the team, shall develop a model land and resource management plan amendment establishing plan content for future site-specific project-level decisions if a stand-replacing disturbance occurs on units of the National Forest System identified under subsection (b).
Content
The model amendment required under paragraph (1) shall include direction regarding post-disturbance management, including salvage logging and reforestation activities, to achieve desired conditions, objectives, standards, guidelines, suitability of lands, and other plan content, including goals and monitoring provisions, of the existing land and resource management plan on the applicable unit of the National Forest System, if a stand-replacing disturbance occurs.
Use of model land and resource management plan amendment
The Secretary shall utilize the Model Land and Resource Management Plan Amendment, as adapted to the unique ecological and socioeconomic setting for each unit of the National Forest System identified under subsection (b), in carrying out subsection (e).
Land and resource management plan amendments
In general
As soon as practicable, but not later than 10 years, after the date of enactment of this Act, the Secretary, assisted by the team, shall amend the applicable land and resource management plan of each unit of the National Forest System identified under subsection (b).
Process
The Secretary shall comply with all relevant laws in carrying out this section.
Election
The Secretary may comply with the provisions of this section by incorporating the requirements of this section into an ongoing land and resource management plan revision or amendment process.
Eradication of invasive grasses
Definitions
In this section:
Action plan
The term action plan means the action plan developed under subsection (b).
Invasive grass
The term invasive grass means—
cheatgrass;
ventenata;
medusahead; and
any additional invasive, nonnative grass species that the Secretaries determine pose a risk by—
increasing fire vulnerability and fire spread; and
altering fire regimes.
Action plan
In general
The Secretaries shall jointly develop and implement an action plan to map, treat, and control invasive grass—
to promote the resiliency, biodiversity, and carbon sequestration capacity of forests, rangelands, and grasslands;
to restore native plant species;
to minimize risks from wildfire; and
to enhance the quality of forage for wildlife and livestock.
Requirements
The action plan shall—
consider or incorporate existing efforts;
take into account—
the latest science;
best practices; and
available deployment tools;
be prepared in coordination with State, Tribal, and local governmental entities and the heads of other Federal agencies, including the Chief of the Natural Resources Conservation Service, that are engaged in activities to control invasive grass to leverage and maximize funding and resources;
identify options to streamline environmental review, including—
the use of categorical exclusions (as defined in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e)), including a categorical exclusion of another agency pursuant to section 109 of that Act (42 U.S.C. 4336c);
the development of consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) on a programmatic basis;
interagency coordination regarding the validation, registration, and effective use of products to control or eradicate invasive grass; and
maximizing opportunities to cooperate with other Federal, Tribal, and State agencies in analysis, assessments, and studies;
establish—
specific goals;
specific implementation actions that the Secretaries and partners of the Secretaries will conduct over a 5-year period; and
targets, including acres to be treated annually in target treatment areas identified by the Secretaries;
provide for a combination of treatment methods for the most effective control or eradication of an invasive grass, including—
manual treatment methods;
mechanical treatment methods;
cultural treatment methods, including the use of wood chips or prescribed fire;
biological treatment methods, which may include livestock grazing; or
chemical treatment methods;
identify and implement, to the extent practicable, best practices to reduce the spreading of invasive grass seed, such as the use of spray washing stations; and
identify methods and metrics to determine the effectiveness of treatment and control efforts.
Deadline to finalize action plan
Not later than 1 year after the date of enactment of this Act, the Secretaries shall finalize the action plan.
Implementation of action plan
In general
Not later than 60 days after the date on which the action plan is finalized under paragraph (3), the Secretaries shall begin implementing the action plan in a manner consistent with other applicable laws (including regulations).
Memoranda of understanding and agreements
In implementing the action plan, the Secretary concerned may enter into a memorandum of understanding or an agreement with non-Federal entities, as appropriate, to carry out activities under the action plan to control the spread of an invasive grass on Federal land or land adjacent to Federal land.
Cooperating agency coordination
The Secretary concerned shall, to the extent practicable, offer to assist in the preparation of environmental reviews that may be necessary in implementing treatment and control activities on land adjacent to Federal land.
Reports to Congress
Not later than 3 years after the date of enactment of this Act, and annually thereafter during the period in which the action plan is being implemented, the Secretaries shall submit to Congress a report assessing the effectiveness of the action plan that includes a description of—
the location and acreage of the areas treated for invasive grass;
any memoranda of understanding or agreements entered into under subsection (b)(4)(B) to advance the implementation of the action plan;
the effectiveness of treatments and control efforts, determined using the methods and metrics described in subsection (b)(2)(H); and
recommendations for studies to explore innovative methods and practices to treat and control invasive grass.
Funding
Outside funding
The Secretary concerned may accept non-Federal funds to implement any provision of this section.
Other funding
In addition to any funding received under paragraph (1), the Secretaries may expend to carry out this section up to $30,000,000 of any funding made available to the Secretary concerned for invasive species control, including funding provided under section 40804(b)(6) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(6)).
Limitations
Of the amounts made available to carry out this section, not more than 10 percent shall be used for development of the action plan.
Research
Longevity of forest products
The Secretary of Energy, in coordination with the Secretary of Agriculture, shall—
develop accurate and efficient methods and technologies to measure and monitor the amount and average lifespan of carbon stored in woody biomass energy feedstocks and building materials;
by not later than 2 years after the date of enactment of this Act, publish estimates of the carbon intensity of woody biomass energy feedstocks and building materials, including in short-lived forest products and long-lived wood products; and
by not later than 3 years after the date of enactment of this Act, publish a lifecycle carbon assessment, including any carbon sequestration, for—
short-lived forest products;
building materials; and
other long-lived wood products.
Forest inventory and analysis
In general
To bring more innovation and efficiency to climate-resilient forestry actions in the United States, the Secretary of Agriculture, acting through the Chief of the Forest Service—
shall publish a report, or expand on a report being published pursuant to another provision of law, that demonstrates the efforts of the Forest Service—
to measure a consistent historical series of field plots while using advanced technology, including remote sensing, to improve data and information; and
to use advanced geospatial technologies to improve area and volume estimates, especially for smaller areas;
may use remote sensing technologies and other technologies to develop more accurate and efficient methods and to reduce costs to facilitate the measuring and monitoring of forest carbon in the United States, in a manner that can—
assess landscape-scale or regional-scale carbon stocking;
improve the quantity and quality of the information available to policy makers and forest managers, including with regard to forest inventories and verification activities;
empower private forest owners to participate in voluntary carbon crediting opportunities; and
enable—
a policy maker to compare the consequences of policy options to increase climate benefits from forests; and
an assessment of the effectiveness of a policy implemented to increase the climate benefits from forests; and
may accelerate, or increase the frequency of, current inventories and data collection activities across all forest types to ensure consistent nationwide estimates of forest carbon pools that can reflect short-term changes from disturbances, such as wildfires, and management activities.
Funding
The Secretary of Agriculture, acting through the Chief of the Forest Service, may annually use to carry out this section not more than $10,000,000 of any amount made available to the Forest Service for research.
Bioeconomy research and technology transfer
Forest products research
The Secretary of Agriculture (referred to in this section as the Secretary), in coordination with the Secretary of Energy, shall expand research relating to the use of wood—
to facilitate the establishment of new markets, including nontraditional markets, for material produced from forest management projects that typically has little or no commercial value;
to increase the economic viability of manufacturing products using material described in paragraph (1);
for the production of low-carbon renewable fuel, including sustainable aviation fuel; and
including structural testing of hardwood species for use in mass timber.
Technology transfer office
Establishment
There is established within the Forest Service an Office of Technology Transfer (referred to this subsection as the Office).
Mission
The mission of the Office shall be—
to expand the commercial impact of the research investments of the Forest Service; and
to provide for the commercialization of technologies that support the mission of the Forest Service.
Chief commercialization officer
In general
The Office shall be headed by an officer, who shall be known as the Chief Commercialization Officer
and who shall report to the Deputy Chief of the Forest Service for Research and Development.
Qualifications
An individual appointed to the position of Chief Commercialization Officer shall be an individual who, by reason of professional background and experience, is specially qualified to advise the Chief of the Forest Service and the Deputy Chief of the Forest Service for Research and Development on technology transfer at the Forest Service.
Duties
The Chief Commercialization Officer shall—
oversee the expenditure of funds allocated for technology transfer within the Forest Service;
represent the Forest Service on—
the Federal Laboratory Consortium for Technology Transfer established by section 11(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(e)); and
other similar interagency coordinating entities;
coordinate with—
other technology transfer and commercialization offices within the Department of Agriculture; and
other similar Federal entities, as appropriate;
oversee efforts to engage with private sector entities, including venture capital companies, on issues relating to technology transfer and commercialization; and
coordinate efforts to patent or otherwise protect under title 35, United States Code, any inventions arising from a Forest Service laboratory.
Technology transfer working group
Establishment
The Secretary shall establish within the Forest Service a Technology Transfer Working Group, which shall consist of—
the Deputy Chief of the Forest Service for Research and Development;
the Chief Commercialization Officer;
representatives from each research station within the Forest Service; and
representatives from other Forest Service entities with relevant expertise, as appropriate.
Duties
The Technology Transfer Working Group established under subparagraph (A) shall—
assist with the coordination of technology transfer and commercialization opportunities occurring at Forest Service laboratories;
develop and disseminate guidance to researchers at Forest Service laboratories on technology transfer and commercialization requirements under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) and associated agreements to implement those requirements; and
develop and disseminate to the public and prospective technology partners information about opportunities and procedures for technology transfer with the Forest Service.
Report
Not later than 1 year after the date of enactment of this Act, the Technology Transfer Working Group established under subparagraph (A) shall submit to Congress a report that describes—
the number of cooperative research and development agreements entered into by the Forest Service under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) during the preceding 5 years;
the number of agreements with partnership intermediaries entered into by the Forest Service under section 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) during the preceding 5 years;
the number of licenses or other use authorizations issued by the Forest Service for patents held by the Forest Service during the preceding 5 years; and
recommendations for legislative, programmatic, or regulatory changes to support the mission of the Office.
Key performance indicators
Beginning with the first year after the report under paragraph (4)(C) is submitted, and each year thereafter, the President shall include in the budget of the United States Government submitted to Congress under section 1105 of title 31, United States Code—
the number of cooperative research and development agreements entered into by the Forest Service under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) during the preceding year;
the number of agreements with partnership intermediaries entered into by the Forest Service under section 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) during the preceding year; and
the number of licenses or other use authorizations issued by the Forest Service for patents held by the Forest Service during the preceding year.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for each fiscal year.
National forest foundation activities
Section 402(b)(3) of the National Forest Foundation Act (16 U.S.C. 583j(b)(3)) is amended by striking cooperative forestry
and inserting technology transfer, commercialization, cooperative forestry,
.
Small business voucher pilot program
Establishment
The Secretary, in consultation with the Secretary of Energy and the Administrator of the Small Business Administration, shall establish an innovation voucher pilot program to accelerate product development, demonstration, and commercialization in the forest products sector.
Vouchers
Under the pilot program established under paragraph (1), the Secretary shall provide vouchers to small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) to be used at research facilities of the Forest Service for research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities.
Cost-sharing
Basic research
Except as provided in subparagraph (D), the Secretary may require up to 20 percent of the cost of a voucher provided under paragraph (2) for a research or development activity that is of a basic or fundamental nature, at the discretion of the Secretary, to be provided by a non-Federal source.
Applied research
Except as provided in subparagraphs (D) and (E), the Secretary shall require not less than 20 percent of the cost of a voucher provided under paragraph (2) for a research or development activity that is not of a basic or fundamental nature, at the discretion of the Secretary, to be provided by a non-Federal source.
Demonstration and commercial application
Except as provided in subparagraph (E), the Secretary shall require not less than 50 percent of the cost of a voucher provided under paragraph (2) for a demonstration or commercial application activity to be provided by a non-Federal source.
Exemption for higher education and nonprofit institutions
The cost share requirements under subparagraphs (A) and (B) shall not apply to an activity performed by an institution of higher education or a nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)).
Reduction in cost-share
The Secretary may reduce the non-Federal share required under subparagraphs (B) and (C) if the Secretary determines the reduction to be necessary and appropriate, taking into account any technological risk relating to the activity.
Termination
The authorities provided under this subsection (except for paragraph (5)) shall expire on September 30, 2029.
Report
Not later than 180 days after the termination of the pilot program under paragraph (4), the Secretary shall submit to Congress a report describing the outcomes of the pilot program, including any recommendations to improve the pilot program.
Forest health threat centers
The Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
seek to expand the services provided by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center such that those Centers become centers of excellence to inform large-scale climate-resilient forest management; and
share the syntheses, models, and application tools developed by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center with—
the Department of Agriculture climate hubs; and
the Climate Adaptation Science Centers managed by the Secretary, acting through the Director of the United States Geological Survey.
Joint mass timber science and education program
Definitions
In this section:
Local approving agency
The term local approving agency means an agency or unit of a local government that is responsible for the issuance of permits for building construction.
Mass timber
The term mass timber includes—
cross-laminated timber;
nail laminated timber;
glue laminated timber;
dowel laminated timber;
laminated strand lumber; and
laminated veneer lumber.
Procuring agency
The term procuring agency means the Department of the Interior, the Forest Service, or a person that is a party to a contract with the Department of the Interior or the Forest Service, with respect to work performed under such a contract.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service.
Tall wood building
The term tall wood building means a building designed to be—
constructed with mass timber; and
if a residential building, more than 4 stories in height; and
if a commercial building, more than 5 stories in height.
Mass timber science and education program with the forest products laboratory
The Secretary shall establish a mass timber science and education program to respond to the emerging research needs of architects, developers, and the forest products industry.
Coordination
The Secretary shall coordinate with research programs at colleges and universities in administering the mass timber science and education program established under subsection (b) to supplement the current research and educational efforts of colleges and universities.
Purposes
The mass timber science and education program established under subsection (b) shall have the following principal purposes:
To provide practical research responsive to the needs of architects, developers, and the forest products industry, including assessments of carbon impacts in the originating forests and the end use of mass timber in the built environment.
To engage and listen to clients and then develop focused, strategic lines of new research responsive to those needs, which may include research relating to flammability and performance during a fire, structural characteristics, energy use and savings, acoustics, and slab construction composed of hybrid materials.
To solicit proposals from scientists who compete for funding through a rigorous peer-review process designed to ensure the best projects are funded.
To disseminate research findings using a suite of communication tools to ensure that architects, developers, and the forest products industry are aware of, understand, and can use the information to make sound decisions and implement projects.
To develop and facilitate the adoption, on a voluntary basis, of a curriculum for building structures using mass timber for use in schools of engineering and architecture that includes—
structural design; and
the possibilities, benefits, and limitations of using mass timber in construction.
Mass timber plan
Not later than September 30, 2025, the Secretary shall submit to the relevant committees of Congress a mass timber plan that includes—
an assessment of the current state of knowledge about mass timber and tall wood buildings;
an integrated approach to improve knowledge sharing;
an approach for project monitoring and evaluation; and
an approach for setting research priorities.
Stakeholder advisory group
Membership
The Secretary shall appoint a stakeholder advisory group of technical experts that consists, at a minimum, of—
a Forest Service scientist;
a researcher from a college or university;
a representative of a trade association;
an architect or developer;
a representative of a local approving agency;
a representative of a forest products company; and
a representative of a nongovernmental organization with experience—
designing or constructing tall wood buildings; or
complying with or revising related building codes.
Duties
The stakeholder advisory group shall meet at least annually—
to consider immediate and long-term science needs;
to suggest to the Secretary appropriate topic areas, specific issues within those topic areas, and information transfer needs for which the Secretary shall solicit proposals described in subsection (d)(3); and
to assist the Secretary in drafting the mass timber plan required under subsection (e).
Assistance
The Secretary may provide to the Secretary of Transportation and to States technical assistance relating to the use of wood in bridges when undergoing revisions to a State bridge design manual.
Availability of appropriations
From amounts appropriated for Forest Service research, excluding funding made available for the Forest Inventory and Analysis program, the Secretary may use $4,000,000 to carry out the activities described in this section.
Miscellaneous
Designation of Patsye Crites Forest
Designation
On acquisition by the United States, the approximately 2,693.31 acres of land within the Monongahela National Forest identified on the map prepared by the Forest Service entitled Blackwater Canyon
and dated August 5, 2024, shall be known and designated as the Patsye Crites Forest
.
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the land acquired under subsection (a) shall be deemed to be a reference to the Patsye Crites Forest
.
November 21, 2024
Reported with an amendment