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