[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Presidential Documents]
[Pages 32223-32225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12155]



[[Page 32221]]

Vol. 81

Friday,

No. 98

May 20, 2016

Part V





The President





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Executive Order 13728--Wildland-Urban Interface Federal Risk Mitigation
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  Federal Register / Vol. 81 , No. 98 / Friday, May 20, 2016 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13728 of May 18, 2016

                
Wildland-Urban Interface Federal Risk Mitigation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and to improve the Nation's resilience to 
                wildfire, I hereby direct the following:

                Section 1. Policy. It is the policy of the United 
                States to strengthen the security and resilience of the 
                Nation against the impacts of wildfire. The annual 
                estimates on structure loss due to wildfire have 
                increased dramatically over the past six decades as a 
                result of multi-year drought conditions in combination 
                with accumulated fuel loads, growing populations 
                residing in the wildland-urban interface, and 
                associated increases in the exposure of built 
                environments. As such, we must continue to ensure our 
                Nation is resilient to wildfire in order to promote 
                public safety, economic strength, and national 
                security.

                The Federal Government must continue to take proactive 
                steps to enhance the resilience of buildings that are 
                owned by the Federal Government and are located on 
                Federal land. Each executive department and agency 
                (agency) responsible for implementing this order shall 
                seek to enhance the resilience of its buildings when 
                making investment decisions to ensure continued 
                performance of essential functions and to reduce risks 
                to its buildings' occupants in the event of a wildfire.

                Sec. 2. Codes and Concurrent Requirements. (a) 
                Commencing within 90 days of the completion of the 
                implementing guidelines as described in section 3(b)(i) 
                of this order, each agency shall ensure that every new 
                Federal building above 5,000 gross square feet on 
                Federal land within the wildland-urban interface at 
                moderate or greater wildfire risk for which the agency 
                has not completed design is in compliance with the 2015 
                edition of the International Wildland-Urban Interface 
                Code (IWUIC) promulgated by the International Code 
                Council (ICC), or an equivalent code, consistent with 
                the provisions of and to the extent required by 40 
                U.S.C. 3312. When the ICC releases a new version of the 
                IWUIC, a determination shall be made whether the new 
                version is a nationally recognized code for the 
                purposes of 40 U.S.C. 3312(b), as expeditiously as 
                practicable, but not later than 2 years after the 
                release of the new version. If a determination is made 
                that a new version is a nationally recognized code, 
                agencies shall ensure that any Federal building covered 
                by this section for which the agency has not completed 
                design is in compliance with that new version, or an 
                equivalent code, consistent with the provisions of and 
                to the extent required by 40 U.S.C. 3312.

                    (b) Commencing within 90 days of the completion of 
                the implementing guidelines as described in section 
                3(b)(i) of this order, each agency responsible for the 
                alteration of an existing Federal building above 5,000 
                gross square feet on Federal land within the wildland-
                urban interface at moderate or greater wildfire risk 
                for which the agency has not completed design shall 
                ensure that the alteration is effectuated in compliance 
                with the IWUIC, or an equivalent code, consistent with 
                the provisions of and to the extent required by 40 
                U.S.C. 3312. When the ICC releases a new version of the 
                IWUIC, a determination shall be made whether the new 
                version is a nationally recognized code for the 
                purposes of 40 U.S.C. 3312(b), as expeditiously as 
                practicable, but not later than 2 years after the 
                release of the new version. If a determination is made 
                that a new version is a nationally recognized code, 
                agencies shall ensure that any Federal building covered 
                by this section

[[Page 32224]]

                for which the agency has not completed design is in 
                compliance with that new version, or an equivalent 
                code, consistent with the provisions of and to the 
                extent required by 40 U.S.C. 3312.
                    (c) Each agency that owns an existing Federal 
                building above 5,000 gross square feet on Federal land 
                within the wildland-urban interface at moderate or 
                greater wildfire risk is strongly encouraged to ensure 
                that such existing buildings are in compliance with the 
                IWUIC, or an equivalent code.
                    (d) The heads of agencies whose activities are 
                covered by sections 2(a) and 2(b) of this order shall 
                complete a wildfire risk assessment of their existing 
                Federal buildings above 5,000 gross square feet within 
                the wildland-urban interface and are strongly 
                encouraged to consider creating and maintaining a 
                defensible space in compliance with the IWUIC, or an 
                equivalent code, for each of those buildings they 
                determine to be at highest risk.
                    (e) Each agency that leases space in a building to 
                be constructed for the predominant use of an agency 
                above 5,000 rentable square feet in the wildland-urban 
                interface in an area of greater than moderate wildfire 
                risk is strongly encouraged to ensure that the building 
                is designed and constructed in accord with the IWUIC, 
                or an equivalent code.
                    (f) Each agency assisting in the financing, through 
                Federal grants or loans, or guaranteeing the financing, 
                through loan or mortgage insurance premiums, of a newly 
                constructed building or of an alteration of an existing 
                building above 5,000 gross square feet within the 
                wildland-urban interface at moderate or greater 
                wildfire risk shall consider updating its procedures 
                for providing the assistance to be consistent with 
                sections 2(a) and 2(b) of this order, to ensure 
                appropriate consideration of wildfire-resistant design 
                and construction.
                    (g) To the extent permitted by law, the heads of 
                all agencies may:

(i) require higher performance levels than exist in the codes described in 
section 2(a) of this order;

(ii) apply the requirements within section 2(a) of this order to new 
buildings less than 5,000 gross square feet on Federal land within the 
wildland-urban interface at moderate or greater wildfire risk; and

(iii) apply the requirements within section 2(b) of this order to existing 
buildings less than 5,000 gross square feet on Federal land within the 
wildland-urban interface at moderate or greater wildfire risk.

                    (h) When calculating whether a building is at 
                moderate or greater wildfire risk, agencies should act 
                in accordance with the methods described in the 2015 
                edition of the IWUIC, or any subsequent version that is 
                determined to be a nationally recognized code for the 
                purposes of 40 U.S.C. 3312(b), or an equivalent code, 
                or in accordance with an equivalent method.
                    (i) Each building constructed or altered in 
                accordance with section 2(a) or (b) of this order shall 
                comply with the IWUIC, or an equivalent code, only to 
                the maximum extent feasible as determined by the head 
                of an agency.

                Sec. 3. Agency Responsibilities. (a) The heads of all 
                agencies that own Federal buildings above 5,000 gross 
                square feet on Federal land within the wildland-urban 
                interface at moderate or greater wildfire risk shall 
                determine the appropriate process within their 
                respective agencies to ensure compliance with this 
                order.

                    (b) The Mitigation Framework Leadership Group 
                (MitFLG) shall:

(i) create implementing guidelines to advise and assist agency compliance 
with the code requirements within 240 days of the date of this order;

(ii) provide assistance to the agencies in interpreting the implementing 
guidelines.

                    (c) When determining whether buildings are located 
                within the wildland-urban interface, agencies shall use 
                the U.S. Department of Agriculture Forest Service's, 
                ``The 2010 Wildland-Urban Interface of the Conterminous 
                United

[[Page 32225]]

                States,'' or an equivalent tool. The Secretary of 
                Agriculture shall provide assistance to the agencies in 
                determining whether buildings are located within the 
                wildland-urban interface.
                    (d) The heads of agencies whose activities are 
                covered by sections 2(a) and 2(b) of this order shall 
                submit a report once every 2 years to the Chair of the 
                MitFLG on their progress in implementing the order, 
                commencing 2 years from the date of this order.

                Sec. 4. Definition. As used in this order, ``building'' 
                means a constructed asset that is enclosed with walls 
                and a roof that provides space for agencies to perform 
                activities or store materials as well as provides 
                spaces for people to live or work.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law, including the National Historic 
                Preservation Act of 1966, and subject to the 
                availability of appropriations.
                    (c) This order applies only to buildings within the 
                United States and its territories and possessions.
                    (d) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 18, 2016.

[FR Doc. 2016-12155
Filed 5-19-16; 11:15 am]
Billing code 3295-F6-P