I 

116TH CONGRESS 

1ST SESSION H. R. 5091 

To establish a community wildfire defense grant program, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2019 

Mr. HUFFMAN introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a community wildfire defense grant program, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wildfire Defense Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal 

9 Emergency Management Agency. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 5091 IH

1 (2) CHIEF.—The term ‘‘Chief’’ means the Chief 

2 of the Forest Service. 

3 (3) COMMUNITY WILDFIRE DEFENSE PLAN.— 

4 The term ‘‘community wildfire defense plan’’ means 

5 a plan that— 

6 (A) is developed by an eligible entity in co7 ordination with— 

8 (i) the local community and govern9 ment; 

10 (ii) local law enforcement, firefighters, 

11 first responders, fire managers, and utili12 ties; and 

13 (iii) State agencies responsible for 

14 emergency response and forest manage15 ment; 

16 (B) includes strategies and activities relat17 ing to— 

18 (i) improving evacuations and access 

19 for first responders; 

20 (ii) addressing vulnerable populations, 

21 including the elderly, those with disabil22 ities, and the homeless; 

23 (iii) hardening and increasing the re24 siliency of critical infrastructure and 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 5091 IH

1 homes, including through incentive pro2 grams; 

3 (iv) applying community-scale defen4 sible space projects across contiguous 

5 areas; 

6 (v) building local capacity to imple7 ment and oversee the plan; 

8 (vi) implementing strategic land use 

9 planning; 

10 (vii) deploying distributed energy re11 sources that do not increase dependence on 

12 fossil fuels; 

13 (viii) educating community members; 

14 (ix) coordinating any existing wildfire 

15 plans such as a community wildfire protec16 tion plan or a community emergency evac17 uation plan; and 

18 (x) incorporating information from a 

19 map generated pursuant to section 210(a) 

20 of division O of the Consolidated Appro21 priations Act, 2018 (16 U.S.C. 6501 note; 

22 Public Law 115–141); and 

23 (C) may consist of existing plans or other 

24 efforts, provided that the plan complies with 

25 subparagraphs (A) and (B). 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 5091 IH

1 (4) CRITICAL INFRASTRUCTURE.—The term 

2 ‘‘critical infrastructure’’ means any public safety, 

3 health, education, transportation, communications, 

4 or water or power utility infrastructure or any pri5 vate infrastructure necessary to preserve community 

6 safety or resilience to a wildfire threat. 

7 (5) DEFENSIBLE SPACE PROJECT.—The term 

8 ‘‘defensible space project’’— 

9 (A) means a project that is conducted 

10 within a radius of not more than 100 feet 

11 around homes, businesses, and administrative 

12 facilities, and is comprised of vegetation prun13 ing, such as annual removal of tree seedlings 

14 and saplings, lower limbs of mature trees, cut15 ting of grasses and reducing density and con16 tinuity of shrubs, and removal of most small 

17 twigs and leaves; or 

18 (B) at the discretion of the Administrator, 

19 if a project funded under the program is being 

20 carried out in a State that has established by 

21 law a more restrictive definition of the term, 

22 has the meaning given the term in State law. 

23 (6) DISTRIBUTED ENERGY RESOURCE.—The 

24 term ‘‘distributed energy resource’’ means a tech25 nology that, collectively or individually, increases 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 5091 IH

1 local energy resilience, such as microgrids, batteries, 

2 thermal storage, combined heat and power, fuel 

3 cells, electric vehicles, demand response, energy effi4 ciency, smart inverters, and geothermal heat pumps. 

5 (7) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a State or unit of general local or re8 gional government; 

9 (B) an Indian Tribe; or 

10 (C) a joint powers authority formed by not 

11 less than 2 entities described in subparagraph 

12 (A) or (B). 

13 (8) LOW-INCOME COMMUNITY.—The term ‘‘low14 income community’’ means a census tract, as deter15 mined by the Administrator based on objective cri16 teria, where a substantial population or percentage 

17 of population of low-income individuals reside, an in18 adequate access to capital exists, or other indication 

19 of economic distress exist. 

20 (9) PROGRAM.—The term ‘‘program’’ means 

21 the grant program established under section 3(a). 

22 (10) SEVERE DISASTER IMPACTED COMMU23 NITY.—The term ‘‘severe disaster impacted commu24 nity’’ means a unit of local government or an Indian 

25 Tribe located in an area for which the President deVerDate Sep 11 2014 19:58 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5091.IH H5091

pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 5091 IH

1 clared a major disaster under section 401 of the 

2 Robert T. Stafford Disaster Relief and Emergency 

3 Assistance Act (42 U.S.C. 5170) during the pre4 ceding 5-year period. 

5 SEC. 3. COMMUNITY WILDFIRE DEFENSE GRANT PROGRAM. 

6 (a) ESTABLISHMENT.—Not later than 90 days after 

7 the date of enactment of this Act, the Administrator shall 

8 establish a program, which shall be separate from the pro9 gram established under section 203 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5133), under which the Administrator, in coordina12 tion with the Chief, shall award grants to eligible entities 

13 to— 

14 (1) in the case of an eligible entity that has a 

15 community wildfire defense plan, carry out projects 

16 described in the community wildfire defense plan of 

17 the eligible entity in accordance with subsection (c); 

18 or 

19 (2) in the case of an eligible entity that does 

20 not have a community wildfire defense plan, develop 

21 a community wildfire defense plan in accordance 

22 with subsection (d). 

23 (b) CRITERIA FOR GRANTS.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the AdminisVerDate Sep 11 2014 19:58 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5091.IH H5091

pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 5091 IH

1 trator, in coordination with the Chief, shall establish 

2 criteria to award grants under the program. 

3 (2) COMMUNITIES.—Amounts provided under 

4 the program shall be used to conduct projects and 

5 activities only in communities in existence on the 

6 date of enactment of this Act. 

7 (3) PRIORITY.—In awarding grants under the 

8 program, the Administrator shall give priority to eli9 gible entities that will carry out projects or plans 

10 supporting— 

11 (A) a low-income community in a fire-haz12 ard area, as identified by a State wildfire haz13 ard map or the most recent wildfire hazard po14 tential map from the Secretary of Agriculture; 

15 or 

16 (B) a severe disaster impacted community 

17 in a fire-hazard area, as identified by a State 

18 wildfire hazard map or the most recent wildfire 

19 hazard potential map from the Secretary of Ag20 riculture. 

21 (c) COMMUNITY WILDFIRE DEFENSE GRANTS.— 

22 (1) USE OF GRANT FUNDS.—An eligible entity 

23 that receives a grant under the program must use 

24 grant funds to carry out projects that support a di25 verse portfolio of community wildfire defense strateVerDate Sep 11 2014 01:43 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5091.IH H5091

pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 5091 IH

1 gies described in the community wildfire defense 

2 plan of the eligible entity. 

3 (2) GRANT AMOUNTS.—An award under this 

4 subsection shall be for not more than $10,000,000. 

5 (d) COMMUNITY WILDFIRE DEFENSE PLAN DEVEL6 OPMENT GRANTS.— 

7 (1) USE OF GRANT FUNDS.—An eligible entity 

8 that receives a grant under the program may use 

9 grant funds to develop a community wildfire defense 

10 plan for the eligible entity. 

11 (2) GRANT AMOUNTS.—An award under this 

12 subsection shall be for not more than $250,000. 

13 (e) PREFERENCE FOR LOCAL CONTRACTORS AND

14 LABOR.—In carrying out a project using a grant awarded 

15 under the program, the grant recipient shall, to the max16 imum extent practicable, give preference to contracting 

17 with entities, and hiring individuals, from the area in 

18 which the project is being carried out, including by 

19 partnering with local corps groups such as AmeriCorps or 

20 a conservation corps. 

21 (f) COST-SHARING REQUIREMENT.—The non-Fed22 eral share of the cost (including the administrative cost) 

23 of carrying out a project using funds from a grant award24 ed under the program— 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 5091 IH

1 (1)(A) shall be not less than 25 percent for a 

2 grant described in subsection (c); and 

3 (B) shall be 0 percent for a grant described in 

4 subsection (d); 

5 (2) may be provided by— 

6 (A) a State, a unit of local government, an 

7 Indian Tribe, a nonprofit organization, private 

8 industry, or a combination of those entities; or 

9 (B) volunteer hours and in-kind donations; 

10 and 

11 (3) may, in the case of a project that serves a 

12 low-income community, be in the form of a low-in13 terest Federal loan to the eligible entity carrying out 

14 the project through the Community Disaster Loan 

15 program authorized under section 417 of the Robert 

16 T. Stafford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 5184). 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out the pro20 gram $1,000,000,000 for each of fiscal years 2021 

21 through 2025. 

22 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

23 Not later than 1 year after the date of enactment 

24 of this Act, the Government Accountability Office shall 

25 publish a report— 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 5091 IH

1 (1) on authorities and programs across the 

2 Federal Government that are available to protect 

3 communities from wildfires; and 

4 (2) that assesses impediments to implementa5 tion of those programs and gaps in funding. 

6 SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Government Accountability Office shall 

9 publish a study— 

10 (1) on the potential for a community wildfire 

11 defense plan to qualify for a certification identifying 

12 a level of wildfire survivability and resilience; 

13 (2) that assesses what metrics might provide in14 surance companies assurance that a community has 

15 wildfire resilience measures; and 

16 (3) how to incentivize insurance companies to 

17 accept the certification. 

18 SEC. 6. UPDATING LIST OF AT-RISK COMMUNITIES. 

19 (a) IN GENERAL.—Section 101(1)(A) of the Healthy 

20 Forests Restoration Act of 2003 (16 U.S.C. 6511(1)(A)) 

21 is amended by striking ‘‘comprised of’’ in the matter pre22 ceding clause (i) and all that follows through ‘‘a group’’ 

23 in clause (ii) and inserting ‘‘comprised of a group’’. 

24 (b) MAPS.—Not later than 180 days after the date 

25 of enactment of this Act, and every 5 years thereafter, 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 5091 IH

1 the Chief shall develop and publish a map depicting at2 risk communities (as defined in section 101 of the Healthy 

3 Forests Restoration Act of 2003 (16 U.S.C. 6511)), in4 cluding Tribal at-risk communities. 

5 SEC. 7. REPORT ON RADIO COMMUNICATIONS. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Administrator shall pre8 pare a report relating to insufficient radio frequencies, 

9 barriers to interoperability of radio frequencies, and avail10 able products and technologies for overcoming barriers to 

11 interoperability for wildland fire management. 

12 (b) COOPERATION.—In preparing the report under 

13 subsection (a), the Administrator shall cooperate with— 

14 (1) the Secretary of Agriculture; 

15 (2) agencies responsible for the management of 

16 Federal land; 

17 (3) State fire and emergency response agencies; 

18 and 

19 (4) municipal fire departments and volunteer 

20 fire departments in relevant communities. 

21 (c) COMPATIBILITY; ADDITIONAL FREQUENCIES.— 

22 The report under subsection (a) shall include— 

23 (1) a determination on whether the organiza24 tions identified in the report have an existing ability 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 5091 IH

1 to communicate by way of radio during a potential 

2 fire suppression effort for a large fire; 

3 (2) a determination on whether— 

4 (A) the reserved radio frequencies are suf5 ficient for wildland fire management; or 

6 (B) additional frequencies, listed by type 

7 and location, are recommended to be reserved 

8 or obtained; 

9 (3) an analysis of commercially available tech10 nology and products to enable radios from multiple 

11 agencies operating on different radio frequencies to 

12 be interoperable; and 

13 (4) if the Secretary determines under para14 graph (1) that the organizations do not have an ex15 isting ability to communicate, a plan for ensuring 

16 organizations would be able to communicate ade17 quately during a fire suppression effort for a large 

18 fire. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS