Lawmakers’ request cites Bipartisan Infrastructure Law priorities for old-growth forest protections along with wildfire risk reduction strategies

WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.) joined Senators Ron Wyden and Jeff Merkley as well as U.S. Representatives Earl Blumenauer, Peter DeFazio, and Suzanne Bonamici (all D-Ore.) this week in asking the U.S. Departments of the Interior and Agriculture to follow congressional intent in the Bipartisan Infrastructure Law to protect and restore old-growth forests as well as protect other carbon-rich mature forests nationwide. This is especially important for California, which is home to old-growth groves of giant sequoia and redwoods.

The lawmakers wrote that the U.S. Forest Service’s climate plan and 10-year wildfire strategy must also recognize the climate crisis and expand to include plans for mature and old-growth forests.

Their letter—which was signed by 19 Senate and House colleagues—noted the Infrastructure Investment and Jobs Act (IIJA) included historic investments in wildfire risk reduction and forest restoration on national forests and public lands and required prioritization of funding for projects that fully maintain or contribute toward restoring the structure and composition of old-growth stands.

“The important climate and biodiversity values of old growth forests that Congress emphasized in this provision exist throughout the federal forests, not just in those areas most subject to fire, and not just in old growth forests but also carbon-rich mature forests,” the lawmakers wrote Interior Secretary Deb Haaland and Agriculture Secretary Tom Vilsack. “Protection of these values for the long term is key to accomplishing the Administration’s commitments to climate and biodiversity protection.”

Padilla is leading the way in reforming the federal government’s response to wildfires and wildfire mitigation efforts. The FIRE Act, his bill to strengthen FEMA’s wildfire preparedness and response efforts, advanced out of committee earlier this month. He also led California Members of Congress in a letter to Agriculture Secretary Tom Vilsack requesting that the federal government prioritize wildfire mitigation projects in California in its new 10-year strategy to combat wildfires, and he recently called on the Biden administration to review federal policies on wildfire suppression and staffing of wildland firefighting agencies.

In addition to Senators Padilla, Wyden, and Merkley, the letter was also signed by Senators Martin Heinrich (D-N.M.), Ed Markey (D-Mass), Patty Murray (D-Wash.), Cory Booker (D-N.J.), and Michael Bennet (D-Colo.). In addition to Representatives Blumenauer, DeFazio, and Bonamici, the letter was also signed by Reps. Nanette Diaz Barragan (D-Calif.), Sara Jacobs (D-Calif.), Jared Huffman (D-Calif.), Ruben Gallego (D-Ariz.), Chellie Pingree (D-Maine), Eleanor Holmes Norton (D-D.C.), Veronica Escobar (D-Texas), Steve Cohen (D-Tenn.), Mark Pocan (D-Wis.), Jerry McNerney (D-Calif.), Mike Levin (D-Calif.), Nikema Williams (D-Ga.), and Diana DeGette (D-Colo.).

In their letter, the lawmakers asked for answers to the following questions by March 31, 2022:

1. What specific steps do USDA and the DOI plan to take to follow this direction for implementing their climate plans, 10-year wildfire strategy, and other agency planning processes?

2. What monitoring requirements and metrics will USDA and DOI use to analyze the progress of protecting and restoring these forests across the country? Specifically, what performance measures do you intend to use to report progress to Congress given that “acres treated” does not incorporate old growth preservation or restoration? How do you intend to develop new, spatially-explicit, outcomes-based performance measures to track and report progress in restoring and preserving old growth forests?

3. What are the priority projects for restoring mature and old growth forests with IIJA funds under the 10-year plan? Which projects do you anticipate funding in the first two years of IIJA implementation and how to you plan on selecting projects in future years?

4. The 10-year strategy makes use of the concept of firesheds. How is restoration of old growth forests incorporated into the fireshed model? If it is not, how do you intend to ensure old growth is prioritized in your approach to funding allocation?

Full text of the letter is here and below:

Dear Secretaries Vilsack and Haaland:

Thank you for your leadership in managing America’s national forests and public lands for the benefit of our climate, watersheds, wildlife, and communities. We write today to request that your agencies move forward with your obligations set out in the Infrastructure Investment and Jobs Act (IIJA) to protect and restore old growth forests and further encourage you to take additional action to protect other carbon-rich mature forests across the nation for the long term.

We appreciate that the Forest Service’s Climate Adaption and Resilience plan (climate plan) and its 10-year wildfire strategy each highlight the importance of strategic implementation of hazardous fuel treatments and prescribed fire to reduce wildfire risks and to increase forest restoration. However, in light of the worsening climate crisis, it is also imperative that the U.S. expand that effort and optimize the climate value of mature and old growth forests throughout the country and within USDA’s and DOI’s climate response and strategies.

As you know, the IIJA included historic investments in forest restoration on national forests and public lands. Among other investments, section 40803(a) appropriates $3.4 billion for wildfire risk reduction and forest restoration on these lands. Along with additional requirements, section40803(g)(6) of the IIJA requires the prioritization of funding for projects that:

fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type, taking into account the contribution of the old growth stand to landscape fire adaption and watershed health, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection and old growth enhancement objectives, as determined by the Secretary concerned.

We view this language to be consistent with the goals of the 10-year wildfire strategy and clear that Congress recognizes the importance of protecting and restoring old growth forests to enhance climate action, biodiversity, and fire resilience. Therefore, we respectfully request you respond to the following questions by March 31, 2022:

1. What specific steps do USDA and the DOI plan to take to follow this direction for implementing their climate plans, 10-year wildfire strategy, and other agency planning processes?
2. What monitoring requirements and metrics will USDA and DOI use to analyze the progress of protecting and restoring these forests across the country? Specifically, what performance measures do you intend to use to report progress to Congress given that “acres treated” does not incorporate old growth preservation or restoration? How do you intend to develop new, spatially-explicit, outcomes-based performance measures to track and report progress in restoring and preserving old growth forests?
3. What are the priority projects for restoring mature and old growth forests with IIJA funds under the 10-year plan? Which projects do you anticipate funding in the first two years of IIJA implementation and how to you plan on selecting projects in future years?
4. The 10-year strategy makes use of the concept of firesheds. How is restoration of old growth forests incorporated into the fireshed model? If it is not, how do you intend to ensure old growth is prioritized in your approach to funding allocation?

Further, these efforts should clearly build toward the goal of establishing broad policy beyond implementation of these near-term funds and projects that will protect old growth and other carbon-rich mature forests across the nation. The important climate and biodiversity values of old growth forests that Congress emphasized in this provision exist throughout the federal forests, not just in those areas most subject to fire, and not just in old growth forests but also carbon-rich mature forests. Protection of these values for the long term is key to accomplishing the Administration’s commitments to climate and biodiversity protection.

Thank you for your leadership in managing America’s national forests and public lands. We look forward to supporting you in this important work.

Sincerely,

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