[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5648 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5648

To amend the Cooperative Forestry Assistance Act of 1978 to establish a 
    Federal wildland fire emergency suppression fund to facilitate 
accountable fire suppression activities by the Secretary of Agriculture 
 and the Secretary of the Interior to unanticipated large fire events, 
  to encourage enhanced management efficiencies and cost controls of 
   wildland fire suppression, and to reduce the risk of catastrophic 
            wildfire to communities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2008

  Mr. Goodlatte (for himself, Mr. Peterson of Minnesota, Mr. Young of 
   Alaska, Mr. Bishop of Utah, Mr. Salazar, Mr. Sali, and Mr. Baca) 
 introduced the following bill; which was referred to the Committee on 
Agriculture, and in addition to the Committee on Natural Resources, 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 concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Cooperative Forestry Assistance Act of 1978 to establish a 
    Federal wildland fire emergency suppression fund to facilitate 
accountable fire suppression activities by the Secretary of Agriculture 
 and the Secretary of the Interior to unanticipated large fire events, 
  to encourage enhanced management efficiencies and cost controls of 
   wildland fire suppression, and to reduce the risk of catastrophic 
            wildfire to communities, 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 ``Emergency Wildland Fire Response Act 
of 2008''.

SEC. 2. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND TO COVER COSTS 
              OF CERTAIN FEDERAL WILDLAND FIRE SUPPRESSION ACTIVITIES.

    The Cooperative Forestry Assistance Act of 1978 is amended by 
inserting after section 10A (16 U.S.C. 2106c) the following new 
section:

``SEC. 10B. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND AND 
              RESPONSE TO DECLARED EMERGENCY WILDLAND FIRE INCIDENTS.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate management response.--The term 
        `appropriate management response' means a response plan to a 
        wildland fire, based on an evaluation of risks to firefighter 
        and public safety, land and resource and fire management 
        objectives, resource availability, the circumstances under 
        which the fire occurs, including weather and fuel conditions, 
        protection priorities, values to be protected, and cost 
        effectiveness.
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Agriculture, the Committee on Appropriations, the Committee on 
        the Budget, and the Committee on Natural Resources of the House 
        of Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry, the Committee on Appropriations, the Committee on 
        the Budget, and the Committee on Energy and Natural Resources 
        of the Senate.
            ``(3) Declared emergency wildland fire incident.--The term 
        `declared emergency wildland fire incident' means a wildland 
        fire incident declared by the Secretary concerned under 
        subsection (c).
            ``(4) Fund.--The term `Fund' means the Federal Wildland 
        Fire Emergency Suppression Fund established by subsection (b).
            ``(5) Secretary concerned.--The term `Secretary concerned' 
        means the Secretary of Agriculture or the Secretary of the 
        Interior.
            ``(6) Wildland fire operations.--The term `wildland fire 
        operations' means those predictable activities of the Secretary 
        concerned that are typically performed annually as part of 
        wildland fire preparedness, anticipated wildland fire 
        suppression workload, and wildland fire operations, including 
        burned area emergency rehabilitation, associated with a 
        wildland fire incident that does not meet the criteria 
        specified in subsection (c).
    ``(b) Federal Wildland Fire Emergency Suppression Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be known as the `Federal 
        Wildland Fire Emergency Suppression Fund', which shall be 
        available to the Secretary concerned, subject to subsection 
        (d), to cover the costs of Federal wildland fire suppression 
        activities associated with a declared emergency wildland fire 
        incident.
            ``(2) Contents.--The Fund shall consist of the following:
                    ``(A) Amounts appropriated to the Fund.
                    ``(B) Other emergency funds appropriated for 
                wildland fire suppression activities that the Secretary 
                concerned transfers to the Fund.
                    ``(C) Subject to subsection (f)(3), other funds 
                transferred to the Fund.
                    ``(D) Interest earned on amounts in the Fund.
            ``(3) Availability.--Amounts in the Fund shall remain 
        available until expended.
    ``(c) Declared Emergency Wildland Fire Incidents.--
            ``(1) Criteria for declaration.--The Secretary concerned 
        may declare a wildland fire incident to be a declared emergency 
        wildland fire incident for which the costs of wildland fire 
        suppression activities may be covered using amounts in the Fund 
        if the Secretary concerned--
                    ``(A) has wildland fire suppression 
                responsibilities for the incident that may be 
                stipulated in a cooperative agreement; and
                    ``(B) determines, taking into consideration the 
                appropriate management response, that the incident 
                meets either of the following criteria:
                            ``(i) Size and severity.--The wildland fire 
                        incident--
                                    ``(I) is at least 300 acres in size 
                                or involves multiple fire incidents; 
                                and
                                    ``(II) has the potential for 
                                extreme fire behavior.
                            ``(ii) Threat.--The wildland fire incident 
                        has the potential for loss of lives, public and 
                        private property, watersheds, wildlife, 
                        particularly endangered or threatened species 
                        and their habitat, or severe immediate economic 
                        impact to local communities.
            ``(2) Delegation of declaration authority.--A declared 
        emergency wildland fire incident shall be made only by the 
        Secretary concerned or a designee of the Secretary at the 
        subcabinet level.
    ``(d) Annual Condition on Use of Fund.--The Secretary concerned may 
only access the Fund during a fiscal year if the budget submitted to 
Congress under section 1105(a) of title 31, United States Code, for 
that fiscal year requested funds for the Secretary concerned for 
wildland fire operations in an amount not less than the 10-fiscal year 
average of expenditures for wildland fire operations by the Secretary 
concerned.
    ``(e) Reports on Fund Activities.--The Secretaries concerned shall 
submit to the appropriate congressional committees a joint report every 
six months detailing all expenditures from and deposits to the Fund 
during the preceding six-month period, including a detailed accounting 
of expenditures associated with each declared emergency wildland fire 
incident. Each report shall also be made available to the public.
    ``(f) Authorization of Appropriations.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund such amounts as are necessary to 
        maintain the Fund at a level equal to the average annual costs 
        incurred by the Secretaries concerned over the preceding five 
        fiscal years for declared emergency wildland fire incidents. If 
        the five fiscal years used in determining the average includes 
        a fiscal year that began before the date of the enactment of 
        the Emergency Wildland Fire Response Act of 2008, the 
        Secretaries concerned shall prepare an estimate for that fiscal 
        year of what the costs would have been for declared emergency 
        wildland fire incidents had this section been in effect.
            ``(2) Notice of insufficient funds.--The Secretaries 
        concerned shall notify the appropriate congressional committees 
        whenever only an estimated two months worth of funding remains 
        in the Fund or for wildland fire operations of the Secretaries.
            ``(3) Limitation on transfers from non-fire program 
        accounts.--In addition to other requirements applicable to the 
        reprogramming of funds, the Secretary concerned shall not 
        transfer funds from non-fire program accounts to cover wildland 
        fire suppression expenses unless the Fund or amounts available 
        for wildland fire operations for that fiscal year have been 
        depleted and a formal request to replenish the Fund or provide 
        additional amounts for wildland fire operations, whichever has 
        been depleted, has been submitted to the Committee on 
        Appropriations of the House of Representatives and the Senate.
    ``(g) Promotion of Cost Containment in Wildland Fire Suppression.--
            ``(1) Transfer of excess funds for reforestation.--Subject 
        to such limitations as may be provided in appropriation Acts, 
        the Secretary concerned may transfer any funds of the Secretary 
        concerned for wildland fire operations that remain available at 
        the end of a fiscal year to support reforestation and 
        rehabilitation of forests following wildland fires. Such funds 
        may only be expended in those areas where the wildland fire 
        suppression expenditures were below the stratified cost index, 
        or equivalent measure, as determined by the Secretary 
        concerned. In this paragraph, the term `stratified cost index' 
        means a measure that compares actual expenditures in connection 
        with a wildfire incident to the expenditures one would expect 
        given certain characteristics of the wildland fire, such as 
        size, conditions, fuel type, or proximity to communities.
            ``(2) Review of certain fires.--The Secretary concerned 
        shall conduct a review, using independent panels, of each 
        wildfire incident that results in expenses to the Secretary 
        concerned of greater than $10,000,000. The Secretary concerned 
        shall submit to the appropriate congressional committees a 
        report containing the results of each review.''.

SEC. 3. REDUCING THE RISK OF WILDFIRES TO PEOPLE, PROPERTY, AND 
              WATERSHEDS IN FIRE-READY COMMUNITIES.

    Section 10 of the Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2106) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):
    ``(g) Support for Fire-Ready Communities.--
            ``(1) Fire-ready community defined.--In this subsection, 
        the term `fire-ready community' means a community that--
                    ``(A) is located within a priority area identified 
                pursuant to subsection (b);
                    ``(B) has a cooperative fire agreement that 
                articulates the roles and responsibilities for Federal, 
                State and local government entities in local wildfire 
                suppression and protection;
                    ``(C) has local codes that require fire-resistant 
                home design and building materials; or
                    ``(D) has a community wildfire protection plan (as 
                defined in section 101 of the Healthy Forests 
                Restoration Act of 2003 (16 U.S.C. 6502)) or similar 
                plan acceptable to the Secretary of Agriculture.
            ``(2) Fire risk mapping.--Not later than 180 days after the 
        date of the enactment of the Emergency Wildland Fire Response 
        Act of 2008, the Secretary shall develop a national map of 
        landscape areas most at risk of wildfire and in need of 
        hazardous fuel treatment and maintenance. The map shall 
        identify priority areas for hazardous fuels reduction projects, 
        including--
                    ``(A) at-risk communities in fire-prone areas of 
                the wildland-urban interface (as defined in section 101 
                of the Healthy Forests Restoration Act of 2003 (16 
                U.S.C. 6502));
                    ``(B) watersheds and municipal drinking water 
                sources;
                    ``(C) emergency evacuation corridors; and
                    ``(D) electricity transmission corridors.
            ``(3) Priority for fire-ready communities.--In allocating 
        funds under this section and other provisions of this Act and 
        Healthy Forests Restoration Act of 2003 under which the 
        Secretary provides resources to local communities for wildland 
        fire activities, the Secretary shall give priority to fire-
        ready communities.
            ``(4) Local wildland firefighting capability grants.--
                    ``(A) Grants available.--The Secretary may provide 
                cost-share grants to fire-ready communities to increase 
                their capacity to defend the community from wildland 
                fire and to provide initial attack suppression response 
                for cross-boundary efforts adjacent to National Forest 
                System lands.
                    ``(B) Eligible activities.--Grant funds may be used 
                for the following:
                            ``(i) Education programs to raise awareness 
                        of homeowners and citizens about wildland fire 
                        protection practices, including FireWise or 
                        similar programs.
                            ``(ii) Training programs for local 
                        firefighters on wildland firefighting 
                        techniques and approaches.
                            ``(iii) Equipment acquisition to facilitate 
                        wildland fire preparedness.
                            ``(iv) Implementation of a community 
                        wildfire protection plan or similar plan.
                            ``(v) Such other activities as the 
                        Secretary may authorize.
                    ``(C) Authorization of appropriations.--There is 
                authorized to be appropriated to the Secretary to carry 
                out this section such sums as may be necessary.
            ``(5) Wildland fire cost-share agreements.--In developing 
        any wildland fire cost-share agreement with a State Forester or 
        equivalent official, the Secretary shall, to the greatest 
        extent possible, encourage the State and local communities 
        involved to become fire-ready communities. When determining 
        cost-sharing responsibilities in any wildland fire cost-share 
        agreement with a State Forester or equivalent official, the 
        Secretary shall consider whether communities participating in 
        the agreement have become or are taking steps to become fire-
        ready communities.''.

SEC. 4. DEPARTMENT OF AGRICULTURE PARTNERSHIPS TO REDUCE HAZARDOUS 
              FUELS ON NATIONAL FOREST SYSTEM LANDS.

    Section 10A of the Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2106c) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Good Neighbor Partnerships.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Contract.--The term `contract' means any 
                contracting authority available to the Secretary of 
                Agriculture, including a sole source contract or other 
                agreement for the mutual benefit of the Secretary and a 
                State Forester or equivalent official.
                    ``(B) Good neighbor project.--The term `good 
                neighbor project' means any project on National Forest 
                System land that--
                            ``(i) meets the requirements for hazardous 
                        fuels reduction projects under subsections (a), 
                        (d), (e), and (f) of section 102 of the Healthy 
                        Forests Restoration Act (16 U.S.C. 6512) and 
                        would reduce risk of wildland fire or risk of 
                        insect or disease infestation to adjacent 
                        lands; or
                            ``(ii) would improve watersheds or fish and 
                        wildlife habitat on National Forest System land 
                        and adjacent lands.
            ``(2) Partnership authority.--The Secretary may enter into 
        contracts or cooperative agreements with a State Forester, or 
        equivalent official, to prepare and implement good neighbor 
        projects on National Forest System land to complement any 
        similar project being performed on bordering or adjacent non-
        Federal land. The decision to proceed with a good neighbor 
        project is in the Secretary's sole discretion.
            ``(3) State forester or equivalent official as agent.--A 
        cooperative agreement or contract under paragraph (2) may 
        authorize the State Forester or equivalent official to serve as 
        the agent for the Secretary in providing all services necessary 
        to facilitate the performance of good neighbor projects, except 
        that any decision with respect to a good neighbor project 
        required to be made under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to a 
        State Forester or equivalent official or any officer or 
        employee of the State Forester or equivalent official.
            ``(4) Project requirements.--In implementing any good 
        neighbor project, the Secretary shall ensure that--
                    ``(A) the project is consistent with the applicable 
                land and resource management plan developed under 
                section 6 of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1604); and
                    ``(B) the project improves the cost efficiency of 
                managing the National Forest System land covered by the 
                project, as determined by the Secretary.
            ``(5) Priority for collaborative projects.--The Secretary 
        shall give priority to good neighbor projects that are--
                    ``(A) developed in collaboration with non-
                governmental entities;
                    ``(B) consistent with a community wildfire 
                protection plan (as defined in section 101 of the 
                Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6502)); or
                    ``(C) prepared in a manner consistent with the 
                Implementation Plan for the Comprehensive Strategy for 
                a Collaborative Approach for Reducing Wildland Fire 
                Risks to Communities and the Environment, dated May 
                2002, developed pursuant to the conference report to 
                accompany the Department of the Interior and Related 
                Agencies Appropriations Act, 2001 (House Report No. 
                106-64), and subsequent revisions of the implementation 
                plan.
            ``(6) Relation to other laws.--Subsections (d) and (g) of 
        section 14 of the National Forest Management Act of 1976 (16 
        U.S.C. 472a) shall not apply to a contract or other agreement 
        under this subsection.
            ``(7) Subcontracting by a state forester or equivalent 
        official.--A State Forester or equivalent official may 
        subcontract to the extent allowed by State and local law to 
        prepare or implement a contract or other agreement under this 
        subsection.''.
                                 <all>