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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9760 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9760

   To establish a community protection and wildfire resilience grant 
                    program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2024

 Mr. Huffman (for himself and Mr. Obernolte) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
Technology, 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 protection and wildfire resilience grant 
                    program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Protection and Wildfire 
Resilience Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Chief.--The term ``Chief'' means the Chief of the 
        Forest Service.
            (3) Community protection and wildfire resilience plan.--The 
        term ``community protection and wildfire resilience plan'' 
        means a plan that--
                    (A) is developed by an eligible entity in 
                coordination with--
                            (i) the local community and government;
                            (ii) local Indian Tribes;
                            (iii) local law enforcement, firefighters, 
                        first responders, fire managers, and utilities;
                            (iv) non-governmental organizations 
                        carrying out relevant projects or relevant 
                        operations locally; and
                            (v) State agencies responsible for--
                                    (I) fire prevention and emergency 
                                response;
                                    (II) other emergency response;
                                    (III) public safety;
                                    (IV) environmental protection; and
                                    (V) forest management.
                    (B) includes strategies and activities relating 
                to--
                            (i) improving early detection technology, 
                        public outreach and education, alerts and 
                        warnings, evacuation planning, evacuation 
                        execution, and access for first responders;
                            (ii) addressing vulnerable populations, 
                        including the elderly, children, individuals 
                        with disabilities, and homeless individuals;
                            (iii) hardening and increasing the 
                        resiliency of critical infrastructure and 
                        homes, including through incentive programs;
                            (iv) applying community-scale defensible 
                        space projects, developed collaboratively with 
                        the entities described in clauses (i) through 
                        (iii) of subparagraph (A), across contiguous 
                        areas;
                            (v) building local capacity to implement 
                        and oversee the plan;
                            (vi) implementing strategic land use 
                        planning;
                            (vii) educating community members about 
                        ways to improve community resilience;
                            (viii) coordinating any existing wildfire 
                        plans, such as a community wildfire protection 
                        plan or a community emergency evacuation plan; 
                        and
                            (ix) incorporating information from a map 
                        generated pursuant to section 210(a) of 
                        division O of the Consolidated Appropriations 
                        Act, 2018 (16 U.S.C. 6501 note; Public Law 115-
                        141); and
                    (C) may consist of existing plans or other efforts, 
                provided that any such plan complies with subparagraphs 
                (A) and (B).
            (4) Critical infrastructure.--The term ``critical 
        infrastructure'' means any public safety, health, education, 
        transportation, communications, or water or power utility 
        infrastructure or any private infrastructure necessary to 
        preserve community safety, resilience, or continuity of 
        operation of such infrastructure with respect to a wildfire 
        threat.
            (5) Defensible space project.--The term ``defensible space 
        project''--
                    (A) means a project that is conducted within a 
                radius of not more than 100 feet around a home, 
                business, or administrative facility, and is comprised 
                of vegetation pruning, such as annual removal of tree 
                seedlings and saplings, lower limbs of mature trees, 
                cutting of grasses and reducing density and continuity 
                of shrubs, and removal of most small twigs and leaves; 
                or
                    (B) at the discretion of the Administrator, if a 
                project funded under the program is being carried out 
                in a State that has established, by law, a more 
                restrictive definition of the term, has the meaning 
                given the term in State law.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) an Indian Tribe;
                    (C) a unit of general local or regional government, 
                including a fire protection district or a municipal 
                fire department;
                    (D) a volunteer fire department; or
                    (E) a collaborative effort of not less than 2 
                entities described in subparagraphs (A) through (D).
            (7) Program.--The term ``program'' means the grant program 
        established under section 3(a).
            (8) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Guam, Puerto Rico, the Virgin 
        Islands, American Samoa, the Northern Mariana Islands, and any 
        other territory or possession of the United States.

SEC. 3. COMMUNITY PROTECTION AND WILDFIRE RESILIENCE GRANT PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator, acting through the United 
States Fire Administrator and in coordination with the Chief, shall 
establish a program, which shall be separate from the program 
established under section 203 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133), under which the 
Administrator shall award grants to eligible entities to--
            (1) in the case of an eligible entity that has a community 
        protection and wildfire resilience plan, carry out projects 
        described in the community protection and wildfire resilience 
        plan of the eligible entity in accordance with subsection (c); 
        or
            (2) in the case of an eligible entity that does not have a 
        community protection and wildfire resilience plan, develop a 
        community protection and wildfire resilience plan in accordance 
        with subsection (d).
    (b) Criteria for Grants.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator, acting through the 
        United States Fire Administrator and in coordination with the 
        Chief, shall establish criteria to award grants under the 
        program.
            (2) Communities.--Amounts provided under the program shall 
        be used to conduct projects and activities only in communities 
        in existence on the date of enactment of this Act.
            (3) Priority.--In awarding grants under the program, the 
        Administrator shall give priority to eligible entities that 
        will carry out projects or plans supporting a community located 
        in an area with a high risk for fire or wildfire, as evidenced 
        by a State wildfire hazard map or a map generated pursuant to 
        section 210(a) of division O of the Consolidated Appropriations 
        Act, 2018 (16 U.S.C. 6501 note; Public Law 115-141).
    (c) Community Protection and Wildfire Resilience Grants.--
            (1) Use of grant funds.--An eligible entity that receives a 
        grant under the program must use grant funds to carry out 
        projects that support a diverse portfolio of community 
        protection and wildfire resilience strategies described in the 
        community protection and wildfire resilience plan of the 
        eligible entity.
            (2) Grant amounts.--A grant under this subsection shall be 
        for not more than $10,000,000.
    (d) Community Protection and Wildfire Resilience Plan Development 
Grants.--
            (1) Use of grant funds.--An eligible entity that receives a 
        grant under the program may use grant funds to develop a 
        community protection and wildfire resilience plan for the 
        eligible entity.
            (2) Grant amounts.--An award under this subsection shall be 
        for not more than $250,000.
    (e) Preference for Local Contractors and Labor.--In carrying out a 
project using a grant awarded under the program, the grant recipient 
shall, to the maximum extent practicable, give preference to 
contracting with entities, and hiring individuals, from the area in 
which the project is being carried out, including by partnering with 
local corps groups such as AmeriCorps or a conservation corps.
    (f) Cost-Sharing.--
            (1) Non-federal share requirement.--The non-Federal share 
        of the cost (including the administrative cost) of carrying out 
        a project using funds from a grant awarded under the program--
                    (A)(i) shall be not less than 25 percent of the 
                cost of the project to be carried out using grant funds 
                in accordance with subsection (c); and
                    (ii) shall be 0 percent of the cost of the project 
                to be carried out using grant funds in accordance with 
                subsection (d);
                    (B) may be provided by--
                            (i) a State, a unit of local government, an 
                        Indian Tribe, a nonprofit organization, private 
                        industry, or a combination of those entities; 
                        or
                            (ii) volunteer hours and in-kind donations; 
                        and
                    (C) may, in the case of a project that serves a 
                low-income community, be in the form of a low-interest 
                Federal loan to the eligible entity carrying out the 
                project through the Community Disaster Loan program 
                authorized under section 417 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5184).
            (2) Waiver; reduction.--In carrying out the program, the 
        Administrator may waive or reduce the non-Federal share amount 
        required under paragraph (1).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program $1,000,000,000 for each of fiscal 
years 2024 through 2028.

SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall publish a report--
            (1) on authorities and programs of the Federal Government 
        that are available to protect communities from wildfires; and
            (2) that includes an assessment of the Comptroller General 
        with respect to impediments to the implementation of such 
        programs, including gaps in funding.

SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall publish a study that 
includes--
            (1) an assessment of the Comptroller General with respect 
        to--
                    (A) the potential for a community protection and 
                wildfire resilience plan to qualify for a certification 
                identifying a level of wildfire survivability and 
                resilience; and
                    (B) methods that could be used by the Federal 
                Government to incentivize insurance companies to accept 
                such a certification; and
            (2) an identification of any metrics that could be provided 
        to insurance companies as assurance that a community has 
        wildfire resilience measures in place.

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

    (a) In General.--Subparagraph (A) of section 101(1) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)(A)) is amended to 
read as follows:
                    ``(A) that is comprised of a group of homes and 
                other structures with basic infrastructure and services 
                (such as utilities and collectively maintained 
                transportation routes) within or adjacent to Federal 
                land;''.
    (b) Map.--Not later than 180 days after the date of enactment of 
this Act, and every 5 years thereafter, the Administrator, acting 
through the United States Fire Administrator and in coordination with 
the Chief, shall develop and publish a map depicting at-risk 
communities (as defined in section 101 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6511), as amended by this section), 
including Tribal at-risk communities.

SEC. 7. REPORT ON RADIO COMMUNICATIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Administrator, acting through the United States Fire 
Administrator and in coordination with the Chief, shall prepare a 
report relating to insufficient radio frequencies, barriers to 
interoperability of radio frequencies, and available products and 
technologies for overcoming barriers to interoperability for wildfire 
management.
    (b) Cooperation.--In preparing the report under subsection (a), the 
Administrator shall cooperate with--
            (1) the Secretary of Agriculture;
            (2) agencies responsible for the management of Federal 
        land;
            (3) State fire marshals;
            (4) State and local emergency response agencies;
            (5) Tribal fire departments and emergency managers; and
            (6) municipal fire departments, fire protection districts, 
        and volunteer fire departments in relevant communities.
    (c) Compatibility; Additional Frequencies.--The report under 
subsection (a) shall include--
            (1) a determination on whether the entities described in 
        subsection (b) have the ability to communicate by way of radio 
        during a potential fire suppression effort for a community 
        conflagration;
            (2) a determination on whether--
                    (A) the reserved radio frequencies are sufficient 
                for wildfire management; or
                    (B) additional frequencies, listed by type and 
                location, are recommended to be reserved or obtained;
            (3) an analysis of commercially available technology and 
        products to enable radios from multiple agencies operating on 
        different radio frequencies to be interoperable; and
            (4) if the Administrator determines under paragraph (1) 
        that any entities do not have the ability to communicate, a 
        plan for ensuring such entities would be able to communicate 
        adequately during a fire suppression effort for a community 
        conflagration.

SEC. 8. AMENDMENT TO COMMUNITY WILDFIRE DEFENSE GRANT PROGRAM TO ALLOW 
              STRUCTURE HARDENING.

    Section 40803(f) of the Infrastructure Investment and Jobs Act (16 
U.S.C. 6592(f)) is amended--
            (1) in paragraph (1)(B), by striking ``projects'' and 
        inserting ``projects (including covered projects)''; and
            (2) in paragraph (3), by adding at the end the following 
        new subparagraph:
                    ``(D) Covered projects defined.--In this 
                subsection, the term `covered projects' means the 
                following:
                            ``(i) The construction, modification, or 
                        maintenance of a structure to make the 
                        structure resistant to the intrusion of flames 
                        or embers.
                            ``(ii) The modification of a structure or 
                        an area adjacent to a structure, (including 
                        vegetation and miscellaneous structures, such 
                        as garages, sheds, and fencing) if such 
                        modification is carried out--
                                    ``(I) to reduce the exposure of the 
                                structure to direct contact from flame, 
                                radiation, or embers from wildfire; and
                                    ``(II) with consideration for the 
                                potential effects on the structure of 
                                nearby combustible features (including 
                                vegetation, vehicles, and miscellaneous 
                                structures, such as garages, sheds, and 
                                fencing).''.
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