Wildfire Defense Act
This bill directs the Federal Emergency Management Agency (FEMA) to establish a community wildfire defense grant program and requires other actions by FEMA, the Government Accountability Office (GAO), and the Forest Service with respect to wildfires.
In awarding grants, FEMA must give priority to state and local governments, Indian tribes, and joint authorities that will carry out projects or plans supporting a low-income community in a fire-hazard area or a severe disaster impacted community in a fire-hazard area.
The GAO shall publish (1) a report on authorities and programs that are available to protect communities from wildfires; and (2) a study on the potential for a community wildfire defense plan to qualify for a certification identifying a level of wildfire survivability and resilience, and how to incentivize insurance companies to accept the certification.
The Forest Service shall develop and publish a map depicting at-risk communities.
FEMA shall prepare a report relating to insufficient radio frequencies, barriers to interoperability of radio frequencies, and available products and technologies for overcoming barriers to interoperability for wildland fire management.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2882 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2882
To establish a community wildfire defense grant program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2019
Mr. Schumer (for Ms. Harris) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To establish a community wildfire defense grant program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Defense Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Chief.--The term ``Chief'' means the Chief of the
Forest Service.
(3) Community wildfire defense plan.--The term ``community
wildfire defense plan'' means a plan that--
(A) is developed by an eligible entity in
coordination with--
(i) the local community and government;
(ii) local law enforcement, firefighters,
first responders, fire managers, and utilities;
and
(iii) State agencies responsible for
emergency response and forest management;
(B) includes strategies and activities relating
to--
(i) improving evacuations and access for
first responders;
(ii) addressing vulnerable populations,
including the elderly, those with disabilities,
and the homeless;
(iii) hardening and increasing the
resiliency of critical infrastructure and
homes, including through incentive programs;
(iv) applying community-scale defensible
space projects across contiguous areas;
(v) building local capacity to implement
and oversee the plan;
(vi) implementing strategic land use
planning;
(vii) deploying distributed energy
resources that do not increase dependence on
fossil fuels;
(viii) educating community members;
(ix) coordinating any existing wildfire
plans such as a community wildfire protection
plan or a community emergency evacuation plan;
and
(x) incorporating information from a map
generated pursuant to section 210(a) of
division O of the Consolidated Appropriations
Act, 2018 (16 U.S.C. 6501 note; Public Law 115-
141); and
(C) may consist of existing plans or other efforts,
provided that the plan complies with subparagraphs (A)
and (B).
(4) Critical infrastructure.--The term ``critical
infrastructure'' means any public safety, health, education,
transportation, communications, or water or power utility
infrastructure or any private infrastructure necessary to
preserve community safety or resilience to a wildfire threat.
(5) Defensible space project.--The term ``defensible space
project''--
(A) means a project that is conducted within a
radius of not more than 100 feet around homes,
businesses, and administrative facilities, and is
comprised of vegetation pruning, such as annual removal
of tree seedlings and saplings, lower limbs of mature
trees, cutting of grasses and reducing density and
continuity of shrubs, and removal of most small twigs
and leaves; or
(B) at the discretion of the Administrator, if a
project funded under the program is being carried out
in a State that has established by law a more
restrictive definition of the term, has the meaning
given the term in State law.
(6) Distributed energy resource.--The term ``distributed
energy resource'' means a technology that, collectively or
individually, increases local energy resilience, such as
microgrids, batteries, thermal storage, combined heat and
power, fuel cells, electric vehicles, demand response, energy
efficiency, smart inverters, and geothermal heat pumps.
(7) Eligible entity.--The term ``eligible entity'' means--
(A) a State or unit of general local or regional
government;
(B) an Indian Tribe; or
(C) a joint powers authority formed by not less
than 2 entities described in subparagraph (A) or (B).
(8) Low-income community.--The term ``low-income
community'' means a census tract, as determined by the
Administrator based on objective criteria, where a substantial
population or percentage of population of low-income
individuals reside, an inadequate access to capital exists, or
other indication of economic distress exist.
(9) Program.--The term ``program'' means the grant program
established under section 3(a).
(10) Severe disaster impacted community.--The term ``severe
disaster impacted community'' means a unit of local government
or an Indian Tribe located in an area for which the President
declared a major disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) during the preceding 5-year period.
SEC. 3. COMMUNITY WILDFIRE DEFENSE GRANT PROGRAM.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish a program,
which shall be separate from the program established under section 203
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133), under which the Administrator, in coordination with
the Chief, shall award grants to eligible entities to--
(1) in the case of an eligible entity that has a community
wildfire defense plan, carry out projects described in the
community wildfire defense plan of the eligible entity in
accordance with subsection (c); or
(2) in the case of an eligible entity that does not have a
community wildfire defense plan, develop a community wildfire
defense plan in accordance with subsection (d).
(b) Criteria for Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the Chief, shall establish criteria to award grants under the
program.
(2) Communities.--Amounts provided under the program shall
be used to conduct projects and activities only in communities
in existence on the date of enactment of this Act.
(3) Priority.--In awarding grants under the program, the
Administrator shall give priority to eligible entities that
will carry out projects or plans supporting--
(A) a low-income community in a fire-hazard area,
as identified by a State wildfire hazard map or the
most recent wildfire hazard potential map from the
Secretary of Agriculture; or
(B) a severe disaster impacted community in a fire-
hazard area, as identified by a State wildfire hazard
map or the most recent wildfire hazard potential map
from the Secretary of Agriculture
(c) Community Wildfire Defense Grants.--
(1) Use of grant funds.--An eligible entity that receives a
grant under the program may use grant funds to carry out
projects that support a diverse portfolio of community wildfire
defense strategies described in the community wildfire defense
plan of the eligible entity.
(2) Grant amounts.--An award under this subsection shall be
for not more than $10,000,000.
(d) Community Wildfire Defense Plan Development Grants.--
(1) Use of grant funds.--An eligible entity that receives a
grant under the program may use grant funds to develop a
community wildfire defense plan for the eligible entity.
(2) Grant amounts.--An award under this subsection shall be
for not more than $250,000.
(e) Preference for Local Contractors and Labor.--In carrying out a
project using a grant awarded under the program, the grant recipient
shall, to the maximum extent practicable, give preference to
contracting with entities, and hiring individuals, from the area in
which the project is being carried out, including by partnering with
local corps groups such as AmeriCorps or a conservation corps.
(f) Cost-Sharing Requirement.--The non-Federal share of the cost
(including the administrative cost) of carrying out a project using
funds from a grant awarded under the program--
(1)(A) shall be not less than 25 percent for a grant
described in subsection (c); and
(B) shall be 0 percent for a grant described in subsection
(d);
(2) may be provided by--
(A) a State, a unit of local government, an Indian
Tribe, a nonprofit organization, private industry, or a
combination of those entities; or
(B) volunteer hours and in-kind donations; and
(3) may, in the case of a project that serves a low-income
community, be in the form of a low-interest Federal loan to the
eligible entity carrying out the project through the Community
Disaster Loan program authorized under section 417 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5184).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program $1,000,000,000 for each of fiscal
years 2021 through 2025.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than 1 year after the date of enactment of this Act, the
Government Accountability Office shall publish a report--
(1) on authorities and programs across the Federal
Government that are available to protect communities from
wildfires; and
(2) that assesses impediments to implementation of those
programs and gaps in funding.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
Not later than 1 year after the date of enactment of this Act, the
Government Accountability Office shall publish a study--
(1) on the potential for a Community Wildfire Defense Plan
to qualify for a certification identifying a level of wildfire
survivability and resilience;
(2) that assesses what metrics might provide insurance
companies assurance that a community has wildfire resilience
measures; and
(3) how to incentivize insurance companies to accept the
certification.
SEC. 6. UPDATING LIST OF AT-RISK COMMUNITIES.
(a) In General.--Section 101(1)(A) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511(1)(A)) is amended by striking
``comprised of'' in the matter preceding clause (i) and all that
follows through ``a group'' in clause (ii) and inserting ``composed of
a group''.
(b) Maps.--Not later than 180 days after the date of enactment of
this Act, and every 5 years thereafter, the Chief shall develop and
publish a map depicting at-risk communities (as defined in section 101
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)),
including Tribal at-risk communities.
SEC. 7. REPORT ON RADIO COMMUNICATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall prepare a report relating to
insufficient radio frequencies, barriers to interoperability of radio
frequencies, and available products and technologies for overcoming
barriers to interoperability for wildland fire management.
(b) Cooperation.--In preparing the report under subsection (a), the
Administrator shall cooperate with--
(1) the Secretary of Agriculture;
(2) agencies responsible for the management of Federal
land;
(3) State fire and emergency response agencies; and
(4) municipal fire departments and volunteer fire
departments in relevant communities.
(c) Compatibility; Additional Frequencies.--The report under
subsection (a) shall include--
(1) a determination on whether the organizations identified
in the report have an existing ability to communicate by way of
radio during a potential fire suppression effort for a large
fire;
(2) a determination on whether--
(A) the reserved radio frequencies are sufficient
for wildland fire management; or
(B) additional frequencies, listed by type and
location, are recommended to be reserved or obtained;
(3) an analysis of commercially available technology and
products to enable radios from multiple agencies operating on
different radio frequencies to be interoperable; and
(4) if the Secretary determines under paragraph (1) that
the organizations do not have an existing ability to
communicate, a plan for ensuring organizations would be able to
communicate adequately during a fire suppression effort for a
large fire.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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