[Congressional Record Volume 149, Number 93 (Monday, June 23, 2003)]
[Senate]
[Pages S8365-S8366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself, Mr. Crapo, and Mr. Smith):
  S. 1315. A bill to amend the Federal Land Policy and Management Act 
of 1976 to provide owners of non-Federal lands with a reliable method 
of receiving compensation for damages resulting from the spread of 
wildfire from nearby forested national Forest System lands or Bureau of 
Land Management lands, when those forested Federal lands are not 
maintained in the forest health status known as condition class 1; to 
the Committee on the Judiciary.
  Mr. CRAIG. Mr. President, I rise today to introduce the Enhanced 
Safety from Wildfire Act of 2003. I am joined by my colleagues Mr. 
Crapo and Mr. Smith.
  This morning, I awoke to the news that the Aspen fire near Tucson, 
AZ, made a significant run yesterday and damaged or destroyed an 
estimated 200 structures. The report also said firefighters could do 
nothing to stop the wall of fire from ripping through the middle of 
town. Sadly, this report is one of several such stories today and it is 
far from being the last.
  It is only the middle of June and already the wildfire season is in 
full swing throughout the West. The loss of property as a result of 
wildfires on Federal land is unacceptable. I believe that our homes and 
the safety of our communities should never be put in harms way because 
of the mismanagement of our Federal land.
  In short, the legislation we are introducing would amend the Federal 
Land Policy and Management Act of 1976 to make it possible for non-
Federal land owners to receive compensation for a loss of property as a 
result of wildfire spreading from Federal land that has not been 
managed as Condition Class 1.
  As we all know, in recent years, there has been a significant amount 
of injury and loss of property resulting from the spread of wildfire 
from Federal forested lands to non-Federal lands. Recent wildfires on 
Federal forested lands have shown that lands managed under approved 
forest health management practices are less susceptible to wildfire, or 
are subjected to less severe wildfire, than similarly forested lands 
that are not actively managed.
  There is a continuing and growing threat to the safety of 
communities, individuals, homes and other property, and timber on non-
Federal lands that adjoin Federal forested lands because of the 
unnatural accumulation of forest fuels on these Federal lands and the 
lack of active Federal management of these lands.
  The use of approved forest health management practices to create 
forest fire ``buffer zones'' between forested Federal lands and 
adjacent non-Federal lands would reduce the occurrence of wildfires on 
forested Federal lands or, at least, limit their spread to non-Federal 
lands and the severity of the resulting damage.
  This legislation requires the agencies to manage a ``buffer zone'' on 
Federal land, greater than 6,400 acres, that is adjacent to non-Federal 
land. When forested Federal lands adjacent to non-Federal lands are not 
adequately managed with a ``buffer zone'' and wildfire occurs, the 
legislation states the owners of the non-Federal lands are eligible for 
compensation for damages resulting from the spread of wildfire to

[[Page S8366]]

their lands. The legislation sets minimum criteria for non-Federal land 
to be eligible for compensation.
  Our Federal land management agencies need to take responsibility for 
the fatal impacts that occur on non-Federal land as a result of a lack 
of management on Federal land. As a society, we have come to expect 
that our neighbors take responsibility for their actions and I feel the 
Federal land management agencies should not escape this responsibility 
either.
  In the next few weeks, the weather will continue to heat up, the 
drought ridden West will become drier, wildfire will continue to plague 
throughout, and the number of reports regarding the loss of property 
will continue to escalate. At the same time, the forest health debate 
will also heat up as the Senate considers the President's Healthy 
Forest Initiative.
  I know this legislation may not be the answer to solving our Federal 
land management problems and I am willing to discuss other options, but 
I know that until we address the heart of this issue, homes, private 
land, and communities will continue to be at risk because of poor 
Federal land management. Being a good neighbor means being responsible 
for your actions.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1315

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,

     SECTION 1. SHORT TITLE.

       This Act maybe cited as the ``Enhanced Safety from Wildfire 
     Act of 2003''.

     SEC. 2. UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM 
                   THE SPREAD OF WILDFIRE FROM FORESTED PUBLIC 
                   LANDS.

       (a) Imposition of Liability for Spread of Wildfire.--Title 
     III of the Federal Land Policy and Management Act of 1976 is 
     amended by inserting after section 318 (43 U.S.C. 1748) the 
     following new section:

``Sec. 319. Liability for Damages Resulting From Spread of Wildfire 
              From Public Lands or National Forest System Lands.
       ``(a) Liability as Rule of Law.--Except as provided in 
     subsections (b), (c), and (d), and subject to the delayed 
     effective date specified in subsection (h), any injury to or 
     loss of property that occurs on non-Federal lands as a direct 
     result of a fire that spread from forested Federal lands onto 
     the non-Federal lands, either directly or by first spreading 
     to other non-Federal lands, shall be deemed to be an injury 
     or loss of property caused by the negligent or wrongful act 
     or omission of an employee of the United States while acting 
     within the scope of the employee's office or employment for 
     purposes of section 1346 and chapter 171 of title 28, United 
     States Code (commonly known as the `Federal Tort Claims 
     Act').
       ``(b) Additional Requirement for Certain Non-Federal 
     Lands.--The owner or leasee of non Federal lands damaged by 
     the spread of wildfire from forested Federal lands may not 
     utilize the rule of law specified in subsection (a) when the 
     non-Federal lands exceed 6400 acres and are used for the 
     commercial production of timber, unless the owner or leasee 
     proves that the damaged non-Federal lands were being managed 
     to achieve or maintain the forest health status known as 
     condition class 1 immediately before the fire. In the event 
     of a dispute between the owner or leasee and the Secretary 
     concerned regarding the status of the non-Federal lands 
     before the fire, the determination of the State Forester of 
     the State in which the lands are located shall control and 
     any expenses associated with State Foresters determination 
     shall be equally divided between the disputing parties.
       ``(c) Exclusion of Condition Class 1 Lands.--The rule of 
     law specified in subsection (a) shall not apply if the 
     forested Federal lands within the buffer zone adjacent to the 
     Federal land boundary from which the fire spread to non-
     Federal lands were managed as condition class 1 immediately 
     before the fire.
       ``(d) Exclusion of Other Federal Lands.--The rule of law 
     specified in subsection (a) shall not apply to the following 
     Federal lands, even though wildfire may originate on such 
     lands and spread to adjacent non-Federal lands:
       ``(1) A component of the National Wilderness Preservation 
     System.
       ``(2) Federal lands where, by Act of Congress, Presidential 
     proclamation, or land and resource management plan, the 
     removal of vegetation is prohibited.
       ``(3) Areas of Federal lands that comprise less than 6,400 
     acres and are not contiguous to other Federal lands.
       ``(e) Exception for O&C Lands.--The rule of law specified 
     in subsection (a) shall apply to National Forest System lands 
     and Bureau of Land Management lands administered under the 
     authorities of the O&C Sustained Yield Act of 1937 and that 
     do not meet the acreage limitation set forth in subsection 
     (d) (3).
       ``(f) Report Regarding Status of Buffer Lands.--Not later 
     than two years after the date of the enactment of this 
     section, the Secretary concerned shall submit to Congress a 
     report describing the forest health status of all buffer 
     zones with non-Federal lands and the extent to which the 
     buffer zones are in, or are being managed to achieve, the 
     forest health status known as condition class 1.
       ``(g) Definitions.--In this section:
       ``(1) The term `buffer zone' refers to those forested 
     Federal lands that are within a prescribed distance of a 
     Federal land boundary with non-Federal lands and comprise, or 
     are part of a larger area of Federal lands comprising, 6,400 
     acres or more. The Secretary shall prescribe the actual 
     buffer zone for a particular area of forested Federal lands 
     based on the geography, topography, and forest cover of the 
     lands.
       ``(2) The term `condition class 1', with respect to an area 
     of forested Federal lands or non-Federal lands, means that 
     the lands are managed so that
       ``(A) fire regimes on the lands are within historical 
     ranges;
       ``(B) vegetation composition and structure are intact; and
       ``(C) the risk of losing key ecosystem components from the 
     occurrence of fire remains relatively low.
       ``(3) The term `forested Federal lands' means public lands 
     and National Forest System lands that contain trees as a 
     significant component of the lands.
       ``(4) The term `Secretary concerned' means the Secretary of 
     the Interior (or the designee of that Secretary) with respect 
     to public lands and the Secretary of Agriculture (or the 
     designee of that Secretary) with respect to National Forest 
     System lands.
       ``(h) Delayed Effective Date.--The rule of law specified in 
     subsection (a) shall take effect at the end of the eight-year 
     period beginning on the date of the enactment of this section 
     and apply with respect to fires that spread from Federal 
     lands onto non-Federal lands after the end of such period.''
       (b) Clerical Amendment.--The table of contents at the 
     beginning of the Federal Land Policy and Management Act of 
     1976 is amended by inserting after the item relating to 
     section 318 the following new item:

``Sec. 319. Liability for damages resulting from spread of wildfire 
              from public lands or National Forest System lands.''.

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