[House Report 118-817]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-817
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FIRE MANAGEMENT ASSISTANCE GRANTS FOR TRIBAL GOVERNMENTS ACT
_______
December 5, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 9121]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 9121) to amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to allow
Indian Tribal Governments to directly request fire management
assistance declarations and grants, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Duplication of Federal Programs.................................. 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
The purpose of H.R. 9121, the Fire Management Assistance
Grants for Tribal Governments Act, is to amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to allow
Indian Tribal Governments to directly request fire management
assistance declarations and grants, and for other purposes.
Background and Need for Legislation
Administered by the Federal Emergency Management Agency
(FEMA), the Fire Management Assistance Grant (FMAG) Program,
``is available to states, local and tribal governments, for the
mitigation, management, and control of fires on publicly or
privately owned forests or grasslands, which threaten such
destruction as would constitute a major disaster.''\1\
Currently, only state and local governments are eligible to
request FEMA's Fire Management Assistance. Indian Tribal
Governments can only receive assistance as sub-recipients of
state-approved declarations.
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\1\FEMA, Fire Management Assistance Grants, (July 23, 2024),
available at https://www.fema.gov/assistance/public/fire-management-
assistance.
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H.R. 9121 amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to allow Indian Tribal Governments to
directly request fire management assistance declarations and
grants.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress, the following hearing was used to develop or
consider H.R. 9121:
On September 19, 2023, the Subcommittee on Economic
Development, Public Buildings and Emergency Management of the
Committee on Transportation and Infrastructure held a hearing
entitled, ``FEMA: The Current State of Disaster Readiness,
Response, and Recovery.''\2\ The Subcommittee received
testimony from the Honorable Deanne Criswell, Administrator,
FEMA.
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\2\FEMA: The Current State of Disaster Readiness, Response, and
Recovery: Hearing Before the H. Comm. On Transp. and Infrastructure,
118th Cong. (Sept. 19, 2023).
---------------------------------------------------------------------------
Legislative History and Consideration
H.R. 9121 was introduced in the United States House of
Representatives on July 24, 2024, by Ms. Sharice Davids of
Kansas and referred to the Committee on Transportation and
Infrastructure. Within the Committee on Transportation and
Infrastructure, H.R. 9121 was referred to the Subcommittee on
Economic Development, Public Buildings, and Emergency
Management. The Subcommittee on Economic Development, Public
Buildings, and Emergency Management was discharged from further
consideration of H.R. 9121 on September 18, 2024.
The Committee considered H.R. 9121 on September 18, 2024,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No record votes were requested during consideration of H.R.
9121.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 9121 from the
Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 9121 would allow Indian tribal governments to request
fire management assistance declarations and receive grants
directly from the Federal Emergency Management Agency (FEMA).
Under current law, only states can directly request FEMA for a
declaration that the threat of a fire sufficient to constitute
a major disaster exists. If the declaration is made, FEMA
provides funds to the state to help them and local and tribal
governments mitigate, manage, and control major fires on
publicly or privately owned forests or grasslands.
CBO expects that implementing H.R. 9121 would expedite the
process by which Indian tribal governments receive grant
funding. Because tribes currently receive funding from state
declarations and grants as well as from other disaster and
emergency declarations and grants, CBO expects that
implementing H.R. 9121 would not significantly increase the
amount of grant funds that Indian tribes receive.
CBO also expects that FEMA would need to engage in
rulemaking to update the application process for fire
assistance grants.
On that basis, CBO estimates that implementing H.R. 9121
would cost less than $500,000 over the 2024-2029 period. Any
related spending would be subject to the availability of
appropriated funds.
On September 16, 2024, CBO transmitted a cost estimate for
S. 4654, the Fire Management Assistance Grants for Tribal
Governments Act, as ordered reported by the Senate Committee on
Homeland Security and Governmental Affairs on July 31, 2024.
The two pieces of legislation are similar, and CBO's estimates
of their budgetary effects are the same.
The CBO staff contact for this estimate is Margot Berman.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to allow
Indian Tribal Governments to directly request fire management
assistance declarations and grants.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 9121 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 9121 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Fire Management Assistance Grants for Tribal Governments
Act''.
Section 2. Indian tribal government eligibility
This section amends section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to include
``Indian tribal government.'' This section details the
procedures that the Governor of a State or the Chief Executive
of an Indian tribal government affected by a fire, must follow
when requesting assistance. This section also states that
nothing in this legislation would prohibit an Indian tribal
government, if such government prefers, from receiving
assistance pursuant to an authorization made at the request of
a state.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
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TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
* * * * * * *
SEC. 420. FIRE MANAGEMENT ASSISTANCE.
(a) In General.--The President is authorized to provide
assistance, including grants, equipment, supplies, and
personnel, to any State, Indian tribal government, or local
government for the mitigation, management, and control of any
fire on public or private forest land or grassland that
threatens such destruction as would constitute a major
disaster.
(b) Procedure for Request.--The Governor of a State or the
Chief Executive of an Indian tribal government affected by a
fire described in subsection (a) may directly submit a request
to authorize assistance under this section.
[(b)] (c) Coordination With State and Tribal Departments of
Forestry.--In providing assistance under this section, the
President shall coordinate with State and tribal departments of
forestry.
[(c)] (d) Essential Assistance.--In providing assistance
under this section, the President may use the authority
provided under section 403.
[(d)] (e) Hazard Mitigation Assistance.--Whether or not a
major disaster is declared, the President may provide hazard
mitigation assistance in accordance with section 404 in any
area affected by a fire for which assistance was provided under
this section.
[(e)] (f) Rules and Regulations.--The President shall
prescribe such rules and regulations as are necessary to carry
out this section.
(g) Savings Provision.--Nothing in this section shall
prohibit an Indian tribal government from receiving assistance
under this section pursuant to an authorization made at the
request of a State under subsection (b) if assistance is not
authorized under this section for the same incident based on a
request by the Indian tribal government under subsection (b).
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