Sec. 102. Declaration of a major disaster for wildfire on Federal land
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The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended by adding at the end the following: In this title: The term Federal land means— any land under the jurisdiction of the Secretary of the Interior; and any land under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service. The term Federal land management agencies means— the Bureau of Land Management; the National Park Service; the Bureau of Indian Affairs; the United States Fish and Wildlife Service; and the Forest Service.
The term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting, including support, response, emergency stabilization activities, and other emergency management activities of wildland firefighting on Federal land, or on non-Federal land in accordance with a fire protection agreement or cooperative agreement, by the Federal land management agencies covered by— the wildfire suppression subactivity of the Wildland Fire Management account of the Federal land management agencies; or the FLAME Wildfire Suppression Reserve Fund account of the Federal land management agencies.
The Secretary of the Interior or the Secretary of Agriculture may submit a request to the President in accordance with the requirements of this title for a declaration by the President that a major disaster for wildfire on Federal land exists. A request for a declaration by the President that a major disaster for wildfire on Federal land exists shall— be made in writing by the appropriate Secretary; certify that the amount made available for the current fiscal year for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the appropriate Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of the amount available for wildfire suppression by an amount not less than the average total cost incurred by the Federal land management agencies per year for wildfire suppression operations, including the suppression costs in excess of amounts made available, during the previous 10 fiscal years; certify that the amount available for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the appropriate Secretary will be obligated not later than 30 days after the date on which the Secretary notifies the President that amounts for wildfire suppression will be exhausted to fund ongoing and anticipated wildfire suppression operations relating to the wildfire on which the request is based; and specify the amount required for the fiscal year during which the request is made to fund wildfire suppression operations relating to the wildfire on which the request is based.
Based on the request of the appropriate Secretary in accordance with this title, the President may declare that a major disaster for wildfire on Federal land exists. During a period for which the President has declared that a major disaster for wildfire on Federal land exists in accordance with this title, the President may transfer funds only from the account established in accordance with subsection
(b)to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on— Federal land; and non-Federal land in accordance with a fire protection agreement or cooperative agreement. The President shall establish a specific account, to be known as the wildfire suppression operations account , for amounts that may be provided to the appropriate Secretary to conduct wildfire suppression operations in accordance with this title. The account established in accordance with paragraph
(1)may only be used to provide amounts to the appropriate Secretary to conduct wildfire suppression operations in accordance with this title. The amounts available to the appropriate Secretary to conduct wildfire suppression operations in accordance with this title are limited to the amount requested in accordance with section 802(b)(4). Amounts available for transfer to the appropriate Secretary to conduct wildfire suppression operations in accordance with this title shall not exceed the amount contained in the wildfire suppression operations account. A transfer under subsection
(a)shall be made by the transfer of amounts from the wildfire suppression operations account to the wildfire suppression subactivity of the Wildland Fire Management Account. Except as provided in this section, no amounts may be transferred to or from the wildfire suppression operations account to or from any other fund or account. If amounts transferred to the appropriate Secretary to conduct wildfire suppression operations in accordance with this title are used to conduct wildfire suppression operations on non-Federal land, the appropriate Secretary shall— secure reimbursement for the cost of the wildfire suppression operations conducted on the non-Federal land; and transfer the amounts received under paragraph
(1)to the wildfire suppression operations account. Not later than 90 days after the last day of each fiscal year for which the Secretary of the Interior or the Secretary of Agriculture receives amounts to conduct wildfire suppression operations in accordance with this title, the appropriate Secretary shall submit to the committees described in paragraph (2), and make available to the public, a report that describes the following: The risk-based factors that influenced management decisions regarding wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary. Specific discussion of a statistically significant sample of large fires, in which each fire is analyzed for— cost drivers; the effectiveness of risk management techniques; resulting positive or negative impacts of fire on the landscape; the impact of any investments in preparedness; suggested corrective actions; and such other factors as the Secretary considers appropriate. Total expenditures for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary, including a description of expenditures by— fire size; cost; regional location; and such other factors as the Secretary considers appropriate. Lessons learned. Such other matters as the Secretary considers appropriate. The committees referred to in paragraph
(1)are— of the Senate— the Committee on Agriculture, Nutrition, and Forestry; the Committee on Appropriations; the Committee on the Budget; the Committee on Energy and Natural Resources; the Committee on Homeland Security and Governmental Affairs; and the Committee on Indian Affairs; and of the House of Representatives— the Committee on Agriculture; the Committee on Appropriations; the Committee on the Budget; the Committee on Natural Resources; and the Committee on Transportation and Infrastructure. Nothing in this title limits the ability of the Secretary of the Interior, the Secretary of Agriculture, an Indian tribe, or a State to receive assistance through a declaration made by the President under this Act if the criteria for that declaration have been satisfied. .
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Sec. 102
Declaration of a major disaster for wildfire on Federal land
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