[House Report 111-52]
[From the U.S. Government Publishing Office]



111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-52

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1404) TO AUTHORIZE A 
 SUPPLEMENTAL FUNDING SOURCE FOR CATASTROPHIC EMERGENCY WILDLAND FIRE 
   SUPPRESSION ACTIVITIES ON DEPARTMENT OF THE INTERIOR AND NATIONAL 
 FOREST SYSTEM LANDS, TO REQUIRE THE SECRETARY OF THE INTERIOR AND THE 
SECRETARY OF AGRICULTURE TO DEVELOP A COHESIVE WILDLAND FIRE MANAGEMENT 
                    STRATEGY, AND FOR OTHER PURPOSES

                                _______
                                

   March 24, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Polis, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 281]

    The Committee on Rules, having had under consideration 
House Resolution 281, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1404, the 
Federal Land Assistance, Management and Enhancement (FLAME) 
Act, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Natural 
Resources. The rule waives all points of order against 
consideration of the bill except clauses 9 and 10 of rule XXI. 
The rule provides that the bill shall be considered as read. 
The rule waives all points of order against provisions in the 
bill. This waiver does not affect the point of order available 
under clause 9 of rule XXI (regarding earmark disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill (except for clauses 9 and 10 of rule 
XXI) and waives all points of order against the provisions in 
the bill, the Committee is not aware of any points of order. 
The waivers of all points of order are prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 48

    Date: March 24, 2009.
    Measure: H.R. 1404.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order en bloc and provide 
appropriate waivers for amendments by Rep. Hastings of 
Washington, #16, which would define the term ``suppression'' to 
include preventative management to reduce the likelihood of 
catastrophic wildfire, and #17, which would include fire 
prevention activities as part of the cohesive wildland fire 
management strategy required in the bill.
    Results: Defeated 2-9.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 49

    Date: March 24, 2009.
    Measure: H.R. 1404.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Herger, #11, which would 
require that any wildfire suppression funds in excess of 
amounts annually appropriated to the Secretary of the Interior 
or Agriculture and transferred to the Flame Fund at the end of 
a fiscal year be made available for hazardous fuels reduction 
projects as identified by a community wildfire protection plan.
    Results: Defeated 2-9.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Foxx--Yea; Slaughter--Nay.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    1. Rahall (WV): Would strike from the bill the Sense of 
Congress language on the designation of Flame Fund 
appropriations as emergency spending. (10 minutes)
    2. Perlmutter (CO): Would clarify that authorized 
suppression activities for the Flame Fund include containment 
activities in response to crisis insect infestations to reduce 
the likelihood of wildfires. (10 minutes)
    3. Polis (CO): Would require revisions of the cohesive 
wildland fire management strategy at least once every five 
years. (10 minutes)
    4. Hastings, Doc (WA): Would require advance notice, in 
writing, to adjacent landowners whenever the Department of 
Agriculture sets a prescribed fire on National Forest System 
land. (10 minutes)
    5. Hastings, Doc (WA): Would require the review of certain 
wildfires specified in the bill to include an assessment of 
what actions, if any, could have been taken in advance of the 
fire that may have prevented the fire or at least reduced the 
severity of the fire. (10 minutes)
    6. Hastings, Doc (WA): Would require the review of certain 
wildfires specified in the bill to include an assessment of the 
quantity of greenhouse gases produced as a result of the fire. 
(10 minutes)
    7. Heinrich (NM): Would require the cohesive wildland fire 
management strategy required in the bill to include among its 
elements a system to assess the impacts of climate change on 
the frequency and severity of wildland fire. (10 minutes)
    8. Minnick (ID): Would require that the Secretaries, in 
considering severity of and threat posed by a fire for the 
purposes of determining whether to declare that a wildland fire 
suppression activity is eligible for funding from the Flame 
Fund, take into account areas where insect infestation has 
created an extreme risk for wildfire. (10 minutes)
    9. Lujan (NM)/Markey, Betsy (CO)/Connolly (VA): Would 
require the cohesive wildland fire management strategy required 
in the bill to include among its elements a system to study the 
effects of invasive species on wildland fire risk. Would add to 
the list of eligible uses for cost-share grants provided for in 
the bill implementation of fire-safety programs focused on the 
eradication or control of invasive species. (10 minutes)
    10. Matheson (UT): Would require the cohesive wildland fire 
management strategy required in the bill to include among its 
elements a plan, developed in coordination with the National 
Guard Bureau, to maximize the use of National Guard resources 
to fight wildfires. (10 minutes)
    11. Roskam (IL): Would prohibit obligation of funds in the 
Flame Fund until 30 days after the submission by the 
Secretaries of the Interior and Agriculture of an initial 
estimate of anticipated wildfire suppression costs for the 
current and following fiscal year. (10 minutes)
    12. Kirkpatrick (AZ): Would amend the definition of ``fire-
ready community'' in the bill to provide that a community 
satisfies the definition if it is located within a priority 
area identified by the fire risk maps required by the bill, and 
meets two of the other four criteria listed in the bill for 
``fire-ready communities.'' (10 minutes)
    13. Goodlatte (VA): Would authorize the Secretary of 
Agriculture to enter into contracts or cooperative agreements 
with a State Forester 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. Would provide that the decision to 
proceed with a good neighbor project is in the Secretary's sole 
discretion. Defines good neighbor projects to include certain 
fuels reduction projects. (10 minutes)

         TEXT OF AMENDMENTS TO BE MADE IN ORDER UNDER THE RULE

    1. An Amendment To Be Offered by Representative Rahall of West 
          Virginia, or His Designee, Debatable for 10 Minutes

    Page 5, beginning line 3, strike paragraph (2) (and 
redesignate the subsequent paragraph accordingly).
                              ----------                              


2. An Amendment To Be Offered by Representative Perlmutter of Colorado, 
               or His Designee, Debatable for 10 Minutes

    Page 4, line 15, insert after the period the following new 
sentence: ``Authorized suppression activities include 
containment activities in response to crisis insect 
infestations to reduce the likelihood of wildfires.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Polis of Colorado, or 
                 His Designee, Debatable for 10 Minutes

  Page 11, after line 4, insert the following new subsection:
  (c) Revision.--At least once during every five-year period 
initially beginning on the date of the submission of the 
cohesive wildland fire management strategy under subsection 
(a), the Secretary of the Interior and the Secretary of 
Agriculture shall submit to Congress a revised strategy that 
takes into consideration changes affecting the elements of the 
strategy specified in subsection (b) during the five-year 
period, in particular changes with respect to landscape, 
vegetation, climate, and weather.
                              ----------                              


4. An Amendment To Be Offered by Representative Hastings of Washington, 
               or His Designee, Debatable for 10 Minutes

  Page 11, after line 4, insert the following new subsection:
  (c) Notice of Prescribed Fires.--As part of the strategy 
required by subsection (a) for the Forest Service, the 
Secretary of Agriculture shall ensure that, before any 
prescribed fire is used on National Forest System land, owners 
of adjacent private land are notified in writing of the date 
and scope of the prescribed fire.
                              ----------                              


5. An Amendment To Be Offered by Representative Hastings of Washington, 
               or His Designee, Debatable for 10 Minutes

  Page 11, line 12, insert after the period the following new 
sentence: ``The review of a wildfire incident shall include an 
assessment of what actions, if any, could have been taken in 
advance of the fire that may have prevented the fire or at 
least reduced the severity of the fire.''
                              ----------                              


6. An Amendment To Be Offered by Representative Hastings of Washington, 
               or His Designee, Debatable for 10 Minutes

  Page 11, line 12, insert after the period the following new 
sentence: ``The review of a wildfire incident shall include an 
assessment of the quantity of greenhouses gases produced as a 
result of the fire.''
                              ----------                              


7. An Amendment To Be Offered by Representative Heinrich of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Page 11, after line 4, insert the following new paragraph:
          (6) A system to assess the impacts of climate change 
        on the frequency and severity of wildland fire.
                              ----------                              


 8. An Amendment To Be Offered by Representative Minnick of Idaho, or 
                 His Designee, Debatable for 10 Minutes

    Page 7, after line 13, insert the following new paragraph:
          (5) Effect of insect infestations.--For purposes of 
        applying clauses (ii) and (iii) of paragraph (2)(A), 
        the Secretaries shall take into account areas where 
        insect infestation has created an extreme risk for 
        wildfire.
                              ----------                              


9. An Amendment To Be Offered By Representative Lujan of New Mexico, or 
                 His Designee, Debatable for 10 Minutes

    Page 11, after line 4, insert the following new paragraph:
          (6) A system to study the effects of invasive species 
        on wildland fire risk.
    Page 14, after line 7, insert the following new 
subparagraph:
                  (E) Implementation of fire-safety programs 
                focused on the eradication or control of 
                invasive species.
                              ----------                              


 10. An Amendment To Be Offered by Representative Matheson of Utah, or 
                 His Designee, Debatable for 10 Minutes

    Page 11, after line 4, insert the following new paragraph:
          (6) A plan, developed in coordination with the 
        National Guard Bureau, to maximize the use of National 
        Guard resources to fight wildfires.
                              ----------                              


11. An Amendment To Be Offered by Representative Roskam of Illinois, or 
                 His Designee, Debatable for 10 Minutes

    Page 10, after line 3, insert the following new 
subparagraph:
                  (D) Limitation on initial use of flame 
                fund.--Amounts in the Flame Fund may not be 
                obligated until at least 30 days after the date 
                on which the Secretaries submit the initial 
                estimate of anticipated wildfire suppression 
                costs under subparagraph (A).
                              ----------                              


    12. An Amendment To Be Offered by Representative Kirkpatrick of 
           Arizona, or Her Designee, Debatable for 10 Minutes

    Page 11, line 25, strike ``that--'' and insert the 
following: ``that satisfies the requirement of paragraph (1), 
and the requirements in at least two of the other four 
paragraphs, as follows:''.
                              ----------                              --



13. An Amendment To Be Offered by Representative Goodlatte of Virginia, 
               or His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 6. DEPARTMENT OF AGRICULTURE PARTNERSHIPS TO REDUCE HAZARDOUS 
                    FUELS ON NATIONAL FOREST SYSTEM LANDS TO PREVENT OR 
                    REDUCE THE SEVERITY OF WILDFIRES.

  (a) Definitions.--In this section:
          (1) 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.
          (2) Good neighbor project.--The term ``good neighbor 
        project'' means any project on National Forest System 
        land that 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).
          (3) State forester.--The term ``State Forester'' has 
        the meaning given that term in section 4(k) of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
        2103).
  (b) Partnership Authority.--The Secretary of Agriculture (in 
this section referred to as the ``Secretary'') may enter into 
contracts or cooperative agreements with a State Forester 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.
  (c) State Forester or Equivalent Official as Agent.--A 
cooperative agreement or contract under subsection (b) may 
authorize the State Forester 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 any 
officer or employee of the State Forester.
  (d) Project Requirements.--In implementing any good neighbor 
project, the Secretary shall ensure that--
          (1) 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
          (2) the project improves the cost efficiency of 
        managing the National Forest System land covered by the 
        project, as determined by the Secretary.
  (e) Priority for Collaborative Projects.--The Secretary shall 
give priority to good neighbor projects that are--
          (1) developed in collaboration with nongovernmental 
        entities;
          (2) 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
          (3) 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.
  (f) 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.
  (g) Subcontracting by a State Forester.--A State Forester may 
subcontract to the extent allowed by State and local law to 
prepare or implement a contract or other agreement under this 
section.

                                  
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