HR 5218 IHCommentsClose CommentsPermalink

To promote fire-safe communities, and for other purposes.CommentsClose CommentsPermalink

January 29, 2008

Mr. UDALL of Colorado (for himself and Mr. FILNER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Agriculture, Natural Resources, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To promote fire-safe communities, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fire-Safe Communities Act'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink





(2) APPLICABLE MODEL ORDINANCE- The term `applicable model ordinance' means either--CommentsClose CommentsPermalink





(A) the Federal model ordinance required by section 3(a); orCommentsClose CommentsPermalink





(B) a State model ordinance described in section 3(d).CommentsClose CommentsPermalink





(3) APPROPRIATE REVIEW PANEL- The term `appropriate review panel' means a panel of individuals who--CommentsClose CommentsPermalink





(A)(i) are fire protection experts; orCommentsClose CommentsPermalink





(ii) have significant expertise in fire management, fire policy, community planning, or issues related to a fire hazard area; andCommentsClose CommentsPermalink





(B) are appointed by the Administrator.CommentsClose CommentsPermalink





(4) DIRECTOR- The term `Director' means the Director of the National Institute of Standards and Technology.CommentsClose CommentsPermalink





(5) FIRE HAZARD AREA- The term `fire hazard area' means an area at significant risk from wildland fire as determined by the applicable State forestry agency or equivalent State agency.CommentsClose CommentsPermalink





(6) FIRE-SAFE COMMUNITIES- The term `fire-safe community' means--CommentsClose CommentsPermalink





(A) a subdivision of a State that has adopted local ordinances that are consistent with each element set out in section 3(b); orCommentsClose CommentsPermalink





(B) a municipality at risk that has adopted local ordinances that are consistent with some but not all of the elements set out in section 3(b), if the Administrator determines that local conditions make the incorporation of such elements impractical or counterproductive for such municipality.CommentsClose CommentsPermalink





(7) MUNICIPALITY AT RISK- The term `municipality at risk' means a subdivision of a State that is located in a fire hazard area.CommentsClose CommentsPermalink

SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE HAZARD AREAS.

(a) In General- Not later than 18 months after the date of the enactment of this Act, the Director shall publish a Federal model ordinance for municipalities at risk that contains the elements described in subsection (b).CommentsClose CommentsPermalink





(b) Elements- A model ordinance required by subsection (a) shall include the following elements with respect to fire prevention and management:CommentsClose CommentsPermalink





(1) Specifications for construction materials and techniques for use in such communities.CommentsClose CommentsPermalink





(2) Guidelines for the placement of utilities, defensible space, and vegetation management.CommentsClose CommentsPermalink





(3) Enforcement mechanisms for compliance with defensible space requirements.CommentsClose CommentsPermalink





(4) Zoning and site design standards for new residential construction, including the width and placement of surrounding fuel breaks and description of unsafe areas to locate new homes, such as the top of highly dangerous canyons that funnel wildfire heat.CommentsClose CommentsPermalink





(5) Specifications for water supplies for firefighting.CommentsClose CommentsPermalink





(6) Requirements for adequate firefighting protection, including requirements for fire stations and equipment.CommentsClose CommentsPermalink





(7) Guidelines for the participation of fire professionals in the development of local fire protection models.CommentsClose CommentsPermalink





(8) Standards for roads, culverts, and bridges.CommentsClose CommentsPermalink





(9) Guidelines for the marking of buildings and homes.CommentsClose CommentsPermalink





(c) Development of Federal Model Ordinance-CommentsClose CommentsPermalink





(1) CONSULTATION- In developing the model ordinance required by subsection (a), the Director--CommentsClose CommentsPermalink





(A) shall consult with the Administrator, the Chief of the Forest Service, and the Director of the Bureau of Land Management; andCommentsClose CommentsPermalink





(B) may consult with others, including private entities that write fire codes.CommentsClose CommentsPermalink





(2) EXISTING STANDARDS- The Director may incorporate into the Federal model ordinance all or part of existing consensus-based standards for fire hazard areas, or other model codes (such as the International Wildland-Urban Interface Code or National Fire Protection Association standards).CommentsClose CommentsPermalink





(d) State Model Ordinances- A State may adopt model ordinances incorporating appropriate elements set out in subsection (b) for the communities of such State.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated $7,500,000 to carry out subsection (a).CommentsClose CommentsPermalink

SEC. 4. FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE-SAFE COMMUNITIES.

(a) In General-CommentsClose CommentsPermalink





(1) FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM- The Administrator may modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-Federal share of funds, as set forth in paragraph (2).CommentsClose CommentsPermalink





(2) NON-FEDERAL SHARE- If a municipality at risk has adopted an applicable model ordinance and is making significant progress toward implementing that model ordinance, the Administrator may reduce the required amount for such non-Federal share to 10 percent of the grant amount.CommentsClose CommentsPermalink





(b) Rulemaking- Not later than 18 months after the date of the enactment of this Act, the Administrator shall complete a rulemaking--CommentsClose CommentsPermalink





(1) to define `significant progress toward implementing that model ordinance' as used in subsection (a); andCommentsClose CommentsPermalink





(2) to establish other procedures and requirements for decreasing the non-Federal share for the Fire Management Assistance Grant Program pursuant to subsection (a).CommentsClose CommentsPermalink





(c) Fire Management Assistance Grant Program Defined- In this section, the term `Fire Management Assistance Grant Program' means the fire management assistance grant program carried out pursuant to section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187).CommentsClose CommentsPermalink

SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT.

(a) In General- Subject to the availability of funds for this purpose, the Administrator shall provide grants to municipalities at risk--CommentsClose CommentsPermalink





(1) to encourage responsible development in State-identified fire-prone regions; andCommentsClose CommentsPermalink





(2) to mitigate the catastrophic effects of fires.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded under this section may be used as follows:CommentsClose CommentsPermalink





(1) By fire-safe communities to implement or enforce local ordinances consistent with an applicable model ordinance.CommentsClose CommentsPermalink





(2) To carry out programs to provide education to community planners and local fire departments on code enforcement and fire-resistant planning, zoning, and home construction.CommentsClose CommentsPermalink





(3) To enforce requirements related to residential construction or brush clearing requirements.CommentsClose CommentsPermalink





(4) To create fire maps using geographic information system technology and provide training in such technology.CommentsClose CommentsPermalink





(5) To provide education to the public on fire-safe practices.CommentsClose CommentsPermalink





(c) Maximum Grant Awards- The amount of a grant awarded under this section may not be more than $1,000,000.CommentsClose CommentsPermalink





(d) Applications-CommentsClose CommentsPermalink





(1) IN GENERAL- An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require.CommentsClose CommentsPermalink





(2) MATCHING REQUIREMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the Administrator shall require that a municipality that receives a grant under this subsection provide non-Federal funds in an amount equal to 25 percent of the amount of such grant.CommentsClose CommentsPermalink





(B) WAIVER- The Administrator may waive the requirement of subparagraph (A) in extraordinary circumstances.CommentsClose CommentsPermalink





(3) REVIEW- Applications for grants under this section shall be reviewed by an appropriate review panel established by the Administrator.CommentsClose CommentsPermalink





(e) Schedule- A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink

SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS.

(a) In General- The Administrator shall provide grants to States to create or update fire-hazard assessment maps.CommentsClose CommentsPermalink





(b) Use of Funds- Grants awarded under this section may be used as follows:CommentsClose CommentsPermalink





(1) To develop or update maps that assess fire hazard in a State.CommentsClose CommentsPermalink





(2) To conduct studies and to provide equipment, personnel, or other resources necessary to develop or update such maps.CommentsClose CommentsPermalink





(c) Maximum Grant Awards-CommentsClose CommentsPermalink





(1) AMOUNT- The amount of a grant awarded under this section may not be more than $1,000,000.CommentsClose CommentsPermalink





(2) REQUIREMENT FOR MATCHING FUNDS- A State that receives a grant under this section shall provide an equal amount of State funds to create or update fire-hazard assessment maps.CommentsClose CommentsPermalink





(d) Applications-CommentsClose CommentsPermalink





(1) IN GENERAL- An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require.CommentsClose CommentsPermalink





(2) REVIEW- Applications for grants under this section shall be reviewed by an appropriate review panel established by the Administrator.CommentsClose CommentsPermalink





(e) Schedule- A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2008 and each fiscal year thereafter.CommentsClose CommentsPermalink

SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS FOR COMMUNITY FIRE PROTECTION.

(a) Grants by Department of the Interior; Inclusion of Non-Forested Areas- Subsection (a) of section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting `and the Secretary of the Interior' after `The Secretary'; andCommentsClose CommentsPermalink





(B) by striking `and equivalent State officials' and inserting `equivalent State officials, and local officials';CommentsClose CommentsPermalink





(2) in paragraph (3)--CommentsClose CommentsPermalink





(A) by striking `trees and forests' and inserting `trees, forests, and rangelands'; andCommentsClose CommentsPermalink





(B) by inserting `and rangeland' after `overall forest'; andCommentsClose CommentsPermalink





(3) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting `and rangeland' after `all forest'; andCommentsClose CommentsPermalink





(B) by inserting `and other vegetation' after `forest cover'.CommentsClose CommentsPermalink





(b) Community and Private Land Fire Assistance Program- Subsection (b) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (D), by striking `wildfires.' and inserting `wildfires; and'; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





`(E) to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances.';CommentsClose CommentsPermalink





(2) by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink





`(2) ADMINISTRATION AND IMPLEMENTATION- The Program shall be administered by the Chief of the Forest Service and the Secretary of the Interior and implemented through State foresters or equivalent State officials.';CommentsClose CommentsPermalink





(3) in paragraph (3)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by striking `Secretary,' and inserting `Secretary and the Secretary of the Interior';CommentsClose CommentsPermalink





(B) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (E) the following new subparagraph:CommentsClose CommentsPermalink





`(F) programs to build the capacity of local governments to design and maintain fire-resistant communities;';CommentsClose CommentsPermalink





(4) in paragraph (4), by inserting `or the Secretary of the Interior' after `by the Secretary'; andCommentsClose CommentsPermalink





(5) in paragraph (5), by inserting `and the Secretary of the Interior' after `The Secretary'.CommentsClose CommentsPermalink





(c) Pilot Program for Fire-Safe Communities- Such section is further amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b), the following new subsection (c):CommentsClose CommentsPermalink





`(c) Pilot Program for Fire-Safe Communities To Coordinate Across Jurisdictional Boundaries-CommentsClose CommentsPermalink





`(1) AUTHORITY- The Secretary and the Secretary of the Interior may carry out a pilot program to assess the feasibility and advisability of providing assistance to fire-safe communities located near Federal land to assist in Federal efforts to prevent and manage fires.CommentsClose CommentsPermalink





`(2) GRANTS- The Secretary and the Secretary of the Interior may carry out the pilot program through the award of grants for purposes of the pilot program.CommentsClose CommentsPermalink





`(3) USE OF GRANT FUNDS- A recipient of a grant under the pilot program may use the grant for any of the following:CommentsClose CommentsPermalink





`(A) To implement or enforce local ordinances consistent with the Federal model ordinance or applicable State model ordinance.CommentsClose CommentsPermalink





`(B) To complete cooperative fire agreements that articulate the roles and responsibilities for Federal, State, and local government entities in local wildfire suppression and protection.CommentsClose CommentsPermalink





`(C) To develop or implement community wildfire protection plans to better focus resources to address priority areas for hazardous fuels reduction projects.CommentsClose CommentsPermalink





`(D) To expand education programs to raise the awareness of homeowners and citizens of wildland fire protection practices.CommentsClose CommentsPermalink





`(E) To implement training programs for firefighters on wildland firefighting techniques and approaches.CommentsClose CommentsPermalink





`(F) To acquire equipment acquisition to facilitate wildland fire preparedness.CommentsClose CommentsPermalink





`(4) MATCHING REQUIREMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraph (B), a person who receives a grant under the pilot program shall provide non-Federal funds in an amount equal to 25 percent of the amount of such grant.CommentsClose CommentsPermalink





`(B) WAIVER- The Secretary or the Secretary of the Interior may waive the requirements of subparagraph (A) in extraordinary circumstances.CommentsClose CommentsPermalink





`(5) FIRE-SAFE COMMUNITY DEFINED- In this subsection, the term `fire-safe community' has the meaning given that term in section 2 of the Fire-Safe Communities Act.'.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- Subsection (e) of such section, as redesignated by subsection (c), is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking `to the Secretary';CommentsClose CommentsPermalink





(2) in paragraph (1), by striking `and' at the end; andCommentsClose CommentsPermalink





(3) by striking paragraph (2) and inserting the following new paragraphs:CommentsClose CommentsPermalink





`(2) to the Secretary--CommentsClose CommentsPermalink





`(A) $35,000,000 for each of fiscal years 2008 through 2013; andCommentsClose CommentsPermalink





`(B) such sums as are necessary for each fiscal year thereafter; andCommentsClose CommentsPermalink





`(3) to the Secretary of the Interior--CommentsClose CommentsPermalink





`(A) $15,000,000 for each of fiscal years 2008 through 2013; andCommentsClose CommentsPermalink





`(B) such sums as are necessary for each fiscal year thereafter.'.CommentsClose CommentsPermalink





(e) Conforming Amendment- Subsection (d) of such section, as redesignated by subsection (c), is amended by inserting `and the Secretary of the Interior' after `section, the Secretary'.CommentsClose CommentsPermalink