Hill Heat

The Natural Resources Committee will hold a markup on Tuesday, June 13, 2023, at 10:15 a.m. in room 1324 Longworth House Office Building. The bills to be considered include H.R. 188 (Rep. McClintock), H.R. 630 (Rep. Grijalva), H.R. 1240 (Rep. Feenstra), H.R. 1314 (Rep. Moore of Utah), H.R. 1450 (Rep. Fulcher), H.R. 3371 (Rep. Johnson of SD), H.R. 3389 (Rep. Valadao), and H.R. 3562 (Rep. Neguse). The Committee will also consider a Committee resolution to establish the Indo-Pacific Task Force in the Committee on Natural Resources.

Hearing memo

Bills expected to move by regular order: H.R. 188 (Rep. McClintock), “Proven Forest Management Act”; and H.R. 1450 (Rep. Fulcher), “Treating Tribes and Counties as Good Neighbors Act”. Both H.R. 188 and H.R. 1450 have an amendment in the nature of a substitute (ANS). Members should draft any amendments to H.R. 188 and H.R. 1450 to the ANS thereto.

Bills expected to move by unanimous consent: H.R. 3389 (Rep. Valadao), “Emergency Wildfire Fighting Technology Act of 2023”; H.R. 1314 (Rep. Moore of Utah), “LODGE Act”; H.R. 3562 (Rep. Neguse), “Forest Service Flexible Housing Partnerships Act of 2023“; H.R. 1240 (Rep. Feenstra), “Winnebago Land Transfer Act of 2023”; H.R. 3371 (Rep. Johnson of SD), “Wounded Knee Massacre Memorial and Sacred Site Act”; and H.R. 630 (Rep. Grijalva), “Urban Indian Health Confer Act”.

H.R. 188 (Rep. McClintock), “Proven Forest Management Act”

H.R. 188 would expand a Categorical Exclusion (CE) currently available only in the Lake Tahoe Basin to the entire National Forest System and on all public lands managed by the Bureau of Land Management (BLM). Under this CE, land managers, in coordination with local governments and interested stakeholders, can develop projects of up to 10,000 acres to reduce forest fuels.

H.R. 1450 (Rep. Fulcher), “Treating Tribes and Counties as Good Neighbors Act”

H.R. 1450 would extend the ability to retain timber receipts from Good Neighbor Authority (GNA) projects to counties and tribes for additional restoration projects. This bipartisan legislation would also improve cross-boundary restoration work by allowing restoration projects to occur not just on federal lands, but also on lands approved under the project’s Good Neighbor Agreement, including state and tribal lands. This bill will increase coordination and buy-in from counties and tribes and lead to more active forest management. This legislation, which is also referred to the House Agriculture Committee, passed out of that Committee in May 2023 by a unanimous vote of 51 to 0.

H.R. 3389 (Rep. Valadao), “Emergency Wildfire Fighting Technology Act of 2023”

H.R. 3389 would require the U.S. Forest Service (USFS) and the Department of the Interior (DOI) to conduct an evaluation on the use of container aerial firefighting system (CAFFS) in response to wildfires. The evaluation will focus on effectiveness, cost, ease of delivery, and safety. As the wildfire season continues to increase in severity, it is critical firefighting agencies have all tools and methods available to fight fires and protect lives. In addition to on the ground crews, agencies have air support to drop water and fire retardant. One solution to provide more aircrafts for fighting wildland fires is using a boxed delivery system of water or fire retardant. This method is known as CAFFS. This technology could increase the response time and number of aircrafts available. This technology is not new, but it has not been actively studied by the wildland firefighting agencies. An ANS offered by Chairman Westerman adjusts the reporting and protocol updates for this bill.

H.R. 1314 (Rep. Moore of Utah), “LODGE Act”

H.R. 1314 would amend current law to provide the National Park Service (NPS) with improved authorities to enter into partnerships with non-federal entities and other federal agencies for the development of employee housing. The LODGE Act was developed in consultation with NPS to increase the availability and affordability of housing in and adjacent to our nation’s parks.

H.R. 3562 (Rep. Neguse), “Forest Service Flexible Housing Partnerships Act of 2023”

H.R. 3562 would provide additional authority for USFS to lease underutilized lands for housing partnerships. This bill amends the “Agricultural Improvement Act of 2018,” or the Farm Bill, by adding additional clarification about the leasing authority of USFS. It specifies leases can be 100 years and renewed if needed. One of the most pressing issues affecting wildland firefighters is the lack of available and affordable housing. There are many concerning examples of “firefighters liv[ing] out of their cars and trailers and camp[ed] out on the side of the road, even when they’re not actively fighting a fire.” This, along with other factors like pay and increasingly severe on-the-ground conditions, has contributed to the recruitment and retention challenges facing agencies like USFS and DOI when it comes to hiring a sufficient number of federal wildland firefighters. These hiring challenges are exacerbated by certain states like California that often provide their firefighters with hotel rooms when they are on fire assignment. While this issue has affected firefighters primarily, it also affects other USFS employees working in remote locations that lack affordable housing.

H.R. 1240 (Rep. Feenstra), “Winnebago Land Transfer Act of 2023”

H.R. 1240 would transfer administrative jurisdiction of approximately 1,600 acres of land from the Army Corps of Engineers in the state of Iowa to the Bureau of Indian Affairs to be held in trust for the Winnebago Tribe of Nebraska. This federal land was seized through eminent domain by the Army Corps of Engineers in the 1970’s for the Snyder-Winnebago Oxbow Lake Recreation Complex project which was never completed. In response, the Tribe challenged the Army Corps of Engineers condemnation in federal court, both in Iowa and Nebraska. They were successful in Nebraska. However, in the Iowa litigation, a failure to properly preserve a right of appeal meant that the Eighth Circuit could not return the land to the tribe through a court order, and congressional action would be required to return the land to the tribe.

H.R. 3371 (Rep. Johnson of SD), “Wounded Knee Massacre Memorial and Sacred Site Act”

H.R. 3371 would place approximately 40 acres of fee land located within the Pine Ridge Indian Reservation, into restricted fee status for the Oglala Sioux Tribe and Cheyenne River Sioux Tribe as a memorial and as a sacred site for the approximately 300 Indian people killed in the Wounded Knee Massacre in 1890. Restricted fee land contains the same restrictions against alienation and taxation as land held in trust, but title is not held by the federal government. In September 2022, the Oglala Sioux Tribe and Cheyenne River Sioux Tribe jointly purchased 40 acres of land where an old trading post was located, and which contains a portion of the area where the Wounded Knee massacre took place. On October 21, 2022, both tribes signed a covenant, stating that this property shall be held and maintained as a memorial and sacred site without any economic development, and prohibiting any gaming.

H.R. 630 (Rep. Grijalva), “Urban Indian Health Confer Act”

H.R. 630 would require all agencies within the Department of Health and Human Services (HHS) to establish an Urban Indian Organization (UIO) confer policy. Currently, only the Indian Health Service (IHS) is required to confer with UIOs. Other agencies within HHS that provide services to American Indians and Alaska Natives (AI/ANs), such as the Centers for Disease Control and Prevention and the Substance Abuse and Mental Health Services, do not have policies regarding conferring with UIOs. These agencies are only required to consult and confer with Indian tribes, consistent with Executive Order 13175. As highlighted by the National Council of Urban Indian Health, during the COVID-19 pandemic, UIOs were not provided notice by HHS that they were required to make a selection for COVID-19 vaccine distribution until the day of the deadline imposed by the agency. Direct communication with agencies that impact urban Indian health could improve health care access to urban AI/AN populations.

Committee Resolution Authorizing the Indo-Pacific Task Force in the Committee on Natural Resources (Reps. Westerman, Grijalva)

The Committee Resolution Authorizing the Indo-Pacific Task Force in the Committee on Natural Resources (Indo-Pacific Task Force Resolution) would establish in the Committee the IndoPacific Task Force. The resolution also prescribes the functions of the Task Force, establishes its membership, which comprises seven Republicans and seven Democrats, names the Chair and Co-Chair of the Task Force, and sets the expiration date of the Task Force as December 12, 2023.