Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a "major disaster for wildfire on federal lands" as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement.
Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to:
Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2996
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to establish wildfire on Federal lands as a major
disaster.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2015
Mr. Hardy introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to establish wildfire on Federal lands as a major
disaster.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WILDFIRE ON FEDERAL LANDS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster'
means''; and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal
lands.--The term `major disaster for wildfire on
Federal lands' means any wildfire or wildfires, which
in the determination of the President under section 802
warrants assistance under section 803 to supplement the
efforts and resources of the Department of the Interior
or the Department of Agriculture--
``(i) on Federal lands; or
``(ii) on non-Federal lands pursuant to a
fire protection agreement or cooperative
agreement.''.
SEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``As used in this title--
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the
Department of the Interior; and
``(B) any land under the jurisdiction of the United
States Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service;
and
``(E) the United States Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support, response,
emergency stabilization activities, and other emergency
management activities of wildland firefighting on Federal lands
(or on non-Federal lands pursuant to a fire protection
agreement or cooperative agreement) by the Federal land
management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or the
FLAME Wildfire Suppression Reserve Fund account of the Federal
land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE
ON FEDERAL LANDS.
``(a) In General.--The Secretary of the Interior or the Secretary
of Agriculture may submit a request to the President consistent with
the requirements of this title for a declaration by the President that
a major disaster for wildfire on Federal lands exists.
``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal lands exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that the amount appropriated in the current
fiscal year for wildfire suppression operations of the Federal
land management agencies under the jurisdiction of the
respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management agencies
under the jurisdiction of the respective Secretary will be
obligated not later than 30 days after such Secretary notifies
the President that wildfire suppression funds will be exhausted
to fund ongoing and anticipated wildfire suppression operations
related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal lands
pursuant to this title is based; and
``(4) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to the
wildfire on which the request for the declaration of a major
disaster for wildfire on Federal lands pursuant to this title
is based.
``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a major
disaster for wildfire on Federal lands exists.
``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on Federal
lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands pursuant
to a fire protection agreement or cooperative agreement).
``(b) Wildfire Suppression Operations Account.--The President shall
establish a specific account for the assistance available pursuant to a
declaration under section 802. Such account may only be used to fund
assistance pursuant to this title.
``(c) Limitation.--
``(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited to the
transfer of the amount requested pursuant to section 802(b)(4).
The assistance available for transfer shall not exceed the
amount contained in the wildfire suppression operations account
established pursuant to subsection (b).
``(2) Transfer of funds.--Funds under this section shall be
transferred from the wildfire suppression operations account to
the wildfire suppression subactivity of the Wildland Fire
Management Account.
``(d) Prohibition of Other Transfers.--Except as provided in this
section, no funds may be transferred to or from the account established
pursuant to subsection (b) to or from any other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to
conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations account established pursuant to
subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not later than
90 days after the end of each fiscal year for which assistance is
received pursuant to this section, the respective Secretary shall
submit to the Committees on Agriculture, Appropriations, the Budget,
Natural Resources, and Transportation and Infrastructure of the House
of Representatives and the Committees on Agriculture, Nutrition, and
Forestry, Appropriations, the Budget, Energy and Natural Resources,
Homeland Security and Governmental Affairs, and Indian Affairs of the
Senate, and make available to the public, a report that includes the
following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for cost
drivers, effectiveness of risk management techniques, resulting
positive or negative impacts of fire on the landscape, impact
of investments in preparedness, suggested corrective actions,
and such other factors as the respective Secretary considers
appropriate.
``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as the
such Secretary considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian tribe,
or a State from receiving assistance through a declaration made by the
President under this Act when the criteria for such declaration have
been met.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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