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H.R.1404 - Federal Land Assistance, Management and Enhancement Act
To authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on Department of the Interior and National Forest System lands, to require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||2,336||n/a||n/a|
|Engrossed in House||2,570||11||29%|
|Referred in Senate||2,521||5 Show Changes Hide Changes||5%|
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To authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on Department of the Interior and National Forest System lands, to require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy, and for other purposes.CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE SUPPRESSION ACTIVITIES.
(3) AVAILABILITY- Subject to subsection (e), amounts in the Flame Fund shall be available to the Secretaries to pay the costs of catastrophic emergency wildland fire suppression activities that are separate from amounts annually appropriated to the Secretaries for the predicted annual workload for wildland fire suppression activities, based on analyses of historical workloads and anticipated increased workloads due to changing environmental or demographic conditions. Authorized suppression activities include containment activities in response to crisis insect infestations to reduce the likelihood of wildfires.CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Flame Fund such amounts as may be necessary to carry out this section. It is the intent of Congress that the amount appropriated to the Flame Fund for fiscal year 2010 and each fiscal year thereafter should be not less than the average amount expended by the Secretaries for emergency wildland fire suppression activities over the five fiscal years preceding that fiscal year.CommentsClose CommentsPermalink
(2) NOTICE OF INSUFFICIENT FUNDS- The Secretaries shall notify the congressional committees specified in subsection (h)(2) whenever only an estimated two months worth of funding remains in the Flame Fund.CommentsClose CommentsPermalink
(d) Transfer of Excess Wildland Fire Suppression Amounts Into Flame Fund- At the end of each fiscal year, the Secretary concerned shall transfer to the Flame Fund amounts appropriated to the Secretary concerned for wildland fire suppression activities for the fiscal year, but not obligated for wildland fire suppression activities before the end of the fiscal year.CommentsClose CommentsPermalink
(1) DECLARATION REQUIRED- Amounts in the Flame Fund shall be made available to the Secretary concerned only after the Secretaries issue a declaration that a wildland fire suppression activity is eligible for funding from the Flame Fund.CommentsClose CommentsPermalink
(B) Consistent with subsection (f), in the case of a firefighting season, when the cumulative costs of wildland fire suppression activities for the Secretary concerned are projected to exceed amounts annually appropriated for such activities.CommentsClose CommentsPermalink
(3) TRANSFER OF AMOUNTS TO SECRETARY CONCERNED- After issuance of a declaration under paragraph (1) and upon the request of the Secretary concerned, the Secretary of the Treasury shall transfer from the Flame Fund to the Secretary concerned such amounts as the Secretaries determine are necessary for wildland fire suppression activities associated with the declared suppression emergency.CommentsClose CommentsPermalink
(4) STATE, PRIVATE, AND TRIBAL LAND- Use of the Flame Fund for catastrophic emergency wildland fire suppression activities on State and private land and, where applicable, tribal land shall be consistent with existing agreements where the Secretaries have agreed to assume responsibility for wildland fire suppression activities on the land.CommentsClose CommentsPermalink
(5) EFFECT OF INSECT INFESTATIONS- For purposes of applying clauses (ii) and (iii) of paragraph (2)(A), the Secretaries shall take into account areas where insect infestation has created an extreme risk for wildfire.CommentsClose CommentsPermalink
(f) Treatment of Anticipated and Predicted Activities- The Secretary concerned shall continue to fund anticipated and predicted wildland fire suppression activities within the appropriate agency budget for each fiscal year. Use of the additional funding made available through the Flame Fund is intended to supplement the budgeted and appropriated agency funding and is to be used only for purposes and in instances consistent with this section.CommentsClose CommentsPermalink
(g) Prohibition on Other Transfers- All amounts in the Flame Fund, as well as all funds appropriated for the purpose of wildland fire suppression on Federal land, must be obligated before the Secretary concerned may transfer funds from non-fire accounts for wildland fire suppression.CommentsClose CommentsPermalink
(1) ACCOUNTING AND REPORTING SYSTEM- The Secretaries shall establish an accounting and reporting system for the Flame Fund compatible with existing National Fire Plan reporting procedures.CommentsClose CommentsPermalink
(2) ANNUAL REPORT; PUBLIC AVAILABILITY- The Secretaries shall submit to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources, the Committee on Indian Affairs, and the Committee on Appropriations of the Senate an annual report on the use of the funds from the Flame Fund, together with any recommendations that the Secretaries may have to improve the administrative control and oversight of the Flame Fund. The annual report shall be made available to the public.CommentsClose CommentsPermalink
(A) PERIODIC ESTIMATES- Consistent with the schedule provided in subparagraph (B), the Secretaries shall submit to the committees specified in paragraph (2) an estimate of anticipated wildfire suppression costs for the current fiscal year and the following fiscal year. The methodology for developing the estimates shall be subject to periodic peer review to ensure compliance with subparagraph (C).CommentsClose CommentsPermalink
(iv) if the bill making appropriations for operations of the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, the first week of September of each year.CommentsClose CommentsPermalink
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.
(a) Strategy Required- Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a report that contains a cohesive wildland fire management strategy, consistent with the recommendations contained in recent Comptroller General reports regarding this issue.CommentsClose CommentsPermalink
(b) Elements of Strategy- The strategy required by subsection (a) shall address the findings of the Comptroller General in the reports referred to in such subsection and include the following elements:CommentsClose CommentsPermalink
(c) Revision- At least once during every five-year period initially beginning on the date of the submission of the cohesive wildland fire management strategy under subsection (a),the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a revised strategy that takes into consideration changes affecting the elements of the strategy specified in subsection (b) during the five-year period, in particular changes with respect to landscape, vegetation, climate, and weather.CommentsClose CommentsPermalink
(d) Notice of Prescribed Fires- As part of the strategy required by subsection (a) for the Forest Service, the Secretary of Agriculture shall ensure that, before any prescribed fire is used on National Forest System land, owners of adjacent private land are notified in writing of the date and scope of the prescribed fire.CommentsClose CommentsPermalink
SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST CONTAINMENT IN WILDLAND FIRE SUPPRESSION ACTIVITIES.
(a) Review Required- The Secretary of the Interior and the Secretary of Agriculture shall conduct a review, using independent panels, of each wildfire incident for which the Secretary concerned incurs expenses in excess of $10,000,000. The review of a wildfire incident shall include an assessment of what actions, if any, could have been taken in advance of the fire that may have prevented the fire or at least reduced the severity of the fire. The review of a wildfire incident shall include an assessment of the quantity of greenhouses gases produced as a result of the fire.CommentsClose CommentsPermalink
(b) Report- The Secretary concerned shall submit to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources, the Committee on Indian Affairs, and the Committee on Appropriations of the Senate a report containing the results of each review conducted under subsection (a).CommentsClose CommentsPermalink
SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.
(a) Fire-Ready Community Defined- In this section, the term ‘fire-ready community’ means a community that satisfies the requirement of paragraph (1), and the requirements in at least two of the other four paragraphs, as follows:CommentsClose CommentsPermalink
(2) has a cooperative fire agreement that articulates the roles and responsibilities for Federal, State and local government entities in local wildfire suppression and protection;CommentsClose CommentsPermalink
(5) is engaged in a successful collaborative process that includes multiple interested persons representing diverse interests and is transparent and nonexclusive, such as a resource advisory committee established under section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (
(b) Fire Risk Mapping- As soon as is practicable after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior (in this section referred to as the ‘Secretaries’) shall develop regional maps of communities most at risk of wildfire and in need of hazardous fuel treatment and maintenance. The maps shall identify priority areas for hazardous fuels reduction projects, including--CommentsClose CommentsPermalink
(1) GRANTS AVAILABLE- The Secretaries may provide cost-share grants to fire-ready communities to assist such communities in carrying out activities authorized by paragraph (2).CommentsClose CommentsPermalink
(d) Wildland Fire Cost-Share Agreements- In developing any wildland fire cost-share agreement with a State Forester or equivalent official, the Secretaries shall, to the greatest extent possible, encourage the State and local communities involved to become fire-ready communities.CommentsClose CommentsPermalink
Clerk. 111th CONGRESS 1st Session H. R. 1404 AN ACT
H. R. 1404
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