Short title

This Act may be cited as the

Emergency Wildland Fire Response Act of 2008

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:

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.

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.

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.