[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6799 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6799

    To authorize disaster recovery assistance for areas affected by 
          wildfires on Federal Lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2018

  Mr. Tipton introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committees on 
Natural Resources, and Small Business, 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 authorize disaster recovery assistance for areas affected by 
          wildfires on Federal Lands, 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 ``Federal Lands Fire-Related Incidents 
Recovery and Economic Stimulus Act of 2018'' or the ``Federal Lands 
FIRES Act of 2018''.

SEC. 2. FEDERAL LANDS WILDFIRE DISASTER DECLARATION.

    (a) Eligible Wildfires.--The President may declare a Federal lands 
wildfire disaster under this section for any wildfire--
            (1) for which a request for a declaration under this 
        section has been made pursuant to subsection (b);
            (2) that has burned an area 40 percent or more of which 
        consists of Federal lands; and
            (3) that in the determination of the President causes 
        damage of sufficient severity and magnitude to warrant 
        assistance under this Act to supplement the efforts and 
        available resources of States, local governments, Indian 
        tribes, and disaster relief organizations in alleviating the 
        damage, loss, hardship, or suffering caused thereby.
In making such a declaration, the President shall specify the area for 
which assistance under section 3 may be provided for secondary and 
tertiary damages described in section 3(d)(1)(B), which may include 
only areas included in the request for the declaration pursuant to 
subsection (b)(3) of this section.
    (b) Request for Declaration.--
            (1) Making.--A request for a declaration of a Federal lands 
        wildfire disaster may be made by--
                    (A) the Governor of a State affected by a wildfire; 
                or
                    (B) the Chief Executive of an Indian tribal 
                government affected by a wildfire.
            (2) Basis.--A request for a declaration of a Federal lands 
        wildfire disaster shall be based on a finding that the wildfire 
        is of such severity and magnitude that effective response is 
        beyond the capabilities of the State and the affected local 
        governments and that Federal assistance is necessary. As part 
        of such request, and as a prerequisite to assistance under this 
        Act, the Governor or Chief Executive of the Indian tribal 
        government making the request shall take appropriate response 
        action under State or tribal law and direct execution of the 
        State's or tribe's emergency plan. The Governor or Chief 
        Executive shall furnish to the President and the Secretary of 
        Housing and Urban Development information on the nature and 
        amount of State, local, and tribal resources which have been or 
        will be committed to alleviating the results of the wildfire, 
        and shall certify that, for the current wildfire, State, local, 
        or tribal government obligations and expenditures, as 
        applicable (of which State or tribal commitments shall be a 
        significant proportion) will comply with all applicable cost-
        sharing requirements of this Act.
            (3) Area of secondary and tertiary damage.--In making a 
        request for a declaration under this section of a Federal lands 
        wildfire disaster, the Governor or Chief Executive of an Indian 
        tribal government shall include a designation of an area within 
        which assistance under section 3 may be provided for secondary 
        and tertiary damages described in section 3(d)(1)(B), which may 
        not include any area more than 100 miles from the area directly 
        subject to the wildfire involved.
    (c) Savings Provision.--Nothing in this section may be construed to 
prohibit an Indian tribal government from receiving assistance under 
this Act through a declaration made by the President at the request 
under subsection (a) of a State if the President does not make a 
declaration for the tribal government for the same wildfire.

SEC. 3. DISASTER RECOVERY ASSISTANCE FOR FEDERAL LANDS WILDFIRE 
              DISASTERS.

    (a) Authority.--The Secretary of Housing and Urban Development (in 
this section referred to as the ``Secretary'') may provide assistance 
under this section to States, units of general local government, and 
Indian tribes for necessary expenses for activities authorized under 
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq.) related to disaster relief, long-term recovery, 
restoration of infrastructure and housing, and economic revitalization 
in the most impacted and distressed areas resulting from a Federal 
lands wildfire disaster declared pursuant to section 2 of this Act.
    (b) Direct Award of Assistance.--Funds for assistance under this 
section shall be awarded directly to the State, unit of general local 
government, or Indian tribe at the discretion of the Secretary.
    (c) Plan for Use.--Prior to the obligation of funds a grantee shall 
submit a plan to the Secretary for approval detailing the proposed use 
of all funds, including criteria for eligibility and how the use of 
such funds will address long-term recovery and restoration of 
infrastructure and housing and economic revitalization in the most 
impacted and distressed areas.
    (d) Eligible Use.--
            (1) Qualifying business.--Businesses eligible for 
        assistance under this section shall include--
                    (A) businesses operating on federally owned 
                property, including camps, resorts, and recreational 
                businesses; and
                    (B) businesses impacted by the secondary and 
                tertiary damage in connection with the wildfire for 
                which the Federal lands wildfire disaster was declared, 
                including mudslides, rockslides, falling trees, and 
                other events causing damage that is not directly caused 
                by fire.
            (2) Limitation.--Notwithstanding any other provision of 
        this section, assistance under this section in connection with 
        a Federal lands wildfire disaster may not be provided for any 
        business that, during the last calendar year ending before the 
        declaration of such disaster, had gross revenues exceeding 
        $3,000,000.
    (e) Financial Controls.--As a condition of making any grant under 
this section, the Secretary shall certify in advance that such grantee 
has in place proficient financial controls and procurement processes 
and has established adequate procedures to prevent any duplication of 
benefits as defined by section 312 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely 
expenditure of funds, to maintain comprehensive websites regarding all 
disaster recovery activities assisted with such funds, and to detect 
and prevent waste, fraud, and abuse of funds.
    (f) Prohibition.--Funds provided under this section may not be used 
for activities reimbursable by, or for which funds are made available 
by, the Federal Emergency Management Agency or the Army Corps of 
Engineers.
    (g) Treatment.--Funds made available under this section shall not 
be considered relevant to the non-disaster formula allocations made 
pursuant to section 106 of the Housing and Community Development Act of 
1974 (42 U.S.C. 5306).
    (h) Administrative Costs.--A State, unit of general local 
government, Indian tribe, or subdivision thereof may use up to 5 
percent of amounts received under this section for administrative 
costs.
    (i) Waivers.--
            (1) Authority.--In administering funds made available for 
        assistance in accordance with this section, the Secretary may 
        waive, or specify alternative requirements for, any provision 
        of any statute or regulation that the Secretary administers in 
        connection with the obligation by the Secretary or the use by 
        the recipient of such funds (except for requirements related to 
        fair housing, nondiscrimination, labor standards, and the 
        environment), if the Secretary finds that good cause exists for 
        the waiver or alternative requirement and such waiver or 
        alternative requirement would not be inconsistent with the 
        overall purpose of title I of the Housing and Community 
        Development Act of 1974.
            (2) Notice.--The Secretary shall publish via notice in the 
        Federal Register any waiver, or alternative requirement, to any 
        statute or regulation that the Secretary administers pursuant 
        to title I of the Housing and Community Development Act of 1974 
        no later than 5 days before the effective date of such waiver 
        or alternative requirement.
    (j) Exemption From Environmental Review Requirements.--An action 
that is taken or assistance that is provided pursuant to this section 
that has the effect of restoring a facility substantially to its 
condition prior to the Federal lands wildfire disaster that affected 
such facility shall not be deemed a major Federal action significantly 
affecting the quality of the human environment within the meaning of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (k) Oversight Costs.--Of any amounts made available for assistance 
in accordance with this section, up to 0.1 percent may be transferred, 
in aggregate, to the Department of Housing and Urban Development 
account for Program Office Salaries and Expenses--Community Planning 
and Development for necessary costs, including information technology 
costs, of administering and overseeing the obligation and expenditure 
of amounts for assistance under this section.
    (l) Reports.--The Secretary shall require each State, unit of 
general local government, and Indian tribe for which assistance amounts 
under this section are provided to report annually during the 5-year 
period beginning upon the provision of such funds regarding the use of 
such funds and compliance with the plan for such use under subsection 
(c).
    (m) Recapture of Unused Funds.--If any amounts made available for 
assistance under this section to a grantee in connection with a Federal 
lands wildfire disaster remain unexpended upon the expiration of the 5-
year period beginning upon the Secretary obligating such amounts to the 
grantee, the Secretary shall recapture such unexpended amounts and 
transfer such amounts to the Secretary of the Treasury for deposit into 
the General Fund of the Treasury.
    (n) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to provide assistance under 
this section in connection with each Federal lands wildfire disaster 
declared under section 2.

SEC. 4. ELIGIBILITY FOR SBA ECONOMIC INJURY DISASTER LOANS.

    Section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is 
amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following:
                    ``(D) a Federal lands wildfire disaster, as 
                declared by the President under section 2 of the 
                Federal Lands FIRES Act of 2018; or''; and
            (4) in subparagraph (E), as so redesignated, by striking 
        ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph 
        (A), (B), (C), or (D)''.
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