[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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