Sec. 102. Wildfires on Federal land
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Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) is amended— by redesignating paragraphs
(3)through
(12)as paragraphs
(4)through (13), respectively; and by inserting after paragraph
(2)the following: The term major disaster for wildfire on Federal land means any wildfire or wildfires that in the determination of the President in accordance with section 802 warrants assistance under section 803 to supplement the efforts and resources of the Secretary of the Interior or the Secretary of Agriculture— on Federal land; or on non-Federal land in accordance with a fire protection agreement or cooperative agreement. . Section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D)(iii) ) is amended by striking section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( and inserting 42 U.S.C. 5122(2) ) paragraph
(2)or
(3)of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( . 42 U.S.C. 5122 ) 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 Secretary concerned means— the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; and the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture, acting through the Chief of 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 concerned 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 Secretary concerned; 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 Secretary concerned, 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 equal to not less than 70 percent of 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, for the previous 10 fiscal years; certify that, for the current fiscal year, an amount equal to not less than 30 percent of 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, for the previous 10 fiscal years, has been made available for the Federal land management agencies under the jurisdiction of the Secretary concerned for the purpose of funding— projects and activities on Federal land that improve the fire regime of areas that meet the desired future conditions of the applicable land and resource management plan or land use plan; or restoration and resiliency projects and activities on Federal land that meet the desired future conditions of the applicable land and resource management plan or land use plan; certify that, for the current fiscal year— the sum of the amounts certified under paragraphs
(2)and
(3)is equal to not less than 100 percent of 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, for the previous 10 fiscal years; and the amount certified under paragraph
(3)is in addition to and supplements other amounts made available for the Federal land management agencies for projects and activities described in subparagraphs
(A)and
(B)of paragraph
(3)that equal or exceed the amount made available for those projects and activities for fiscal year 2017, subject to the condition that the amount made available for those projects and activities for fiscal year 2017 shall be adjusted annually beginning with fiscal year 2019 to reflect changes during the preceding fiscal year in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; certify that the amount available for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary concerned will be obligated not later than 30 days after the Secretary concerned notifies the President that amounts for wildfire suppression operations will be exhausted to fund ongoing and anticipated wildfire suppression operations for which the request is made; and specify the amount required for the fiscal year for which the request is made to fund wildfire suppression operations for which the request is made. Based on the request of the Secretary concerned in accordance with this title, the President may declare that a major disaster for wildfire on Federal land exists. Not later than November 1 of each fiscal year, the Secretary of Agriculture and the Secretary of the Interior shall each submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate and the Committee on Agriculture, the Committee on Appropriations, and the Committee on Agriculture of the House of Representatives a list of projects and activities described in subparagraphs
(A)and
(B)of subsection (b)(3) to be conducted using amounts described in subsection (b)(3). During a period for which a major disaster for wildfire on Federal land has been declared under section 802, the President may transfer funds only from the account established by subsection
(b)to the Secretary concerned to conduct wildfire suppression operations on— Federal land; and non-Federal land in accordance with a fire protection agreement or cooperative agreement. There is established a special account for the assistance available under a declaration of a major disaster for wildfire on Federal land under section 802. The account established by paragraph
(1)may only be used to provide assistance in accordance with this title. Subject to the limitation described in subsection (c)(2), there are authorized to be appropriated to the account established by paragraph
(1)such sums as are necessary to provide assistance in accordance with this title. The assistance available under a declaration of a major disaster for wildfire on Federal land under section 802 shall be limited to the transfer of the amount requested in accordance with section 802(b)(6). The assistance available for transfer under this section shall not exceed the amount contained in the account established by subsection (b)(1). If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts of the Department of Agriculture or the Department of the Interior, the total amount of assistance appropriated to and transferred from the account established by subsection (b)(1) and in accordance with a declaration of a major disaster for wildfire on Federal land under section 802 to those Wildland Fire Management accounts for that fiscal year shall not exceed $1,647,000,000. A transfer under this section shall be made from the wildfire suppression operations account to the wildfire suppression subactivity of the Wildland Fire Management accounts, to remain available until expended. Except as provided in this section, no amounts may be transferred to or from the account established by subsection (b)(1) to or from any other fund or account. If amounts transferred under this section are used to conduct wildfire suppression operations on non-Federal land, the Secretary concerned shall— secure reimbursement for the cost of those wildfire suppression operations; and transfer the amounts received under paragraph
(1)to the account established by subsection (b)(1). Not later than 90 days after the last day of each fiscal year for which assistance is received under this section, the Secretary concerned 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 concerned. 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 investments in preparedness; suggested corrective actions; and such other factors as the Secretary concerned considers appropriate. Total expenditures for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary concerned, including a description of the expenditures by— fire size; cost; regional location; and such other factors as the Secretary concerned considers appropriate. Lessons learned. Such other matters as the Secretary concerned 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. Except as provided in subsections
(c)and (d), nothing in this title limits the Secretary of the Interior, the Secretary of Agriculture, an Indian tribe, or a State from receiving assistance through a declaration made by the President under this Act if the criteria for that declaration are satisfied. . No amounts may be transferred to or from the wildfire suppression subactivity of the Wildland Fire Management account or the FLAME Wildfire Suppression Reserve Fund account of the Federal land management agencies, as defined in section 801 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by subsection (b), to or from any other account or subactivity of those Federal land management agencies that is not used to cover the cost of wildfire suppression operations. This section and the amendments made by this section shall take effect on October 1, 2017.
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