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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1997 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1997

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to provide for wildfire mitigation grants and financial 
           assistance in certain areas affected by wildfires.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2015

 Mr. Bennet (for himself and Mr. Crapo) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to provide for wildfire mitigation grants and financial 
           assistance in certain areas affected by wildfires.

    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 ``Prepare, Ready, Equip, and Prevent 
Areas at Risk of Emergency Wildfires Act of 2015'' or the ``PREPARE Act 
of 2015''.

SEC. 2. WILDFIRE MITIGATION.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after 
section 203 the following:

``SEC. 203A. WILDFIRE MITIGATION.

    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of 
        the Federal Emergency Management Agency;
            ``(2) the term `community wildfire protection plan' has the 
        meaning given the term in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511);
            ``(3) the term `eligible recipient' means a State or an 
        Indian tribal government;
            ``(4) the term `local multi-hazard mitigation plan' means a 
        mitigation plan developed by a local government under section 
        322(b) that addresses wildfire mitigation;
            ``(5) the term `State mitigation plan' means a mitigation 
        plan developed by a State under section 322(c) that addresses 
        wildfire mitigation; and
            ``(6) the term `tribal mitigation plan' means a mitigation 
        plan developed by a tribal government under section 322(b) that 
        addresses wildfire mitigation.
    ``(b) Establishment of Wildfire Mitigation Grant Program.--The 
President, acting through the Administrator, shall establish a pilot 
program to make grants to eligible recipients for wildfire mitigation.
    ``(c) Use of Funds.--A grant under this section may be used by an 
eligible recipient--
            ``(1) to reduce the hazardous fuel load by reducing the use 
        of fuels that may contribute to catastrophic wildfires in high-
        risk areas;
            ``(2) to invest in personnel and organizations to conduct 
        wildfire mitigation;
            ``(3) to invest in vehicles and other equipment to conduct 
        wildfire mitigation;
            ``(4) to mitigate against damage from runoff into waterways 
        and floods caused by erosion from wildfires;
            ``(5) to build essential community collaboration and 
        outline the necessary groundwork systems in anticipation of 
        future fires; and
            ``(6) at the discretion of the Governor of a State or the 
        Chief Executive of an Indian tribal government, and in 
        consultation with the Administrator, for any other wildfire 
        mitigation activities in the State or area under the 
        jurisdiction of the Indian tribal government, as applicable, 
        unless otherwise prohibited by law.
    ``(d) Eligibility for Assistance.--
            ``(1) In general.--
                    ``(A) Eligibility.--An eligible recipient shall be 
                eligible for assistance under this section if the 
                section 420 grant ratio for the eligible recipient is 
                equal to or greater than 125 percent of the population 
                ratio of the eligible recipient.
                    ``(B) Ratios.--For purposes of subparagraph (A)--
                            ``(i) the section 420 grant ratio shall be 
                        equal to the quotient of--
                                    ``(I) the number of declarations 
                                for a grant under section 420 received 
                                by the eligible recipient during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the total number of 
                                declarations for a grant under section 
                                420 in the United States during the 10 
                                years prior to the date on which an 
                                application for assistance is submitted 
                                under this section; and
                            ``(ii) the population ratio of the eligible 
                        recipient shall be equal to the quotient of--
                                    ``(I) the population of the State 
                                or the area under the jurisdiction of 
                                the Indian tribal government, as 
                                applicable, based on the most recent 
                                data available from the Bureau of the 
                                Census on the date on which an 
                                application for assistance is submitted 
                                under this section, divided by
                                    ``(II) the population of the United 
                                States, based on the most recent data 
                                available from the Bureau of the Census 
                                on the date on which an application for 
                                assistance is submitted under this 
                                section.
            ``(2) Waiver.--The President may waive the requirement of 
        paragraph (1) if an eligible recipient--
                    ``(A) files a petition for waiver of the 
                requirement of paragraph (1); and
                    ``(B) demonstrates that significant environmental 
                changes or shifts in forest health put the eligible 
                recipient at an elevated risk for catastrophic 
                wildfires, as determined by the President.
            ``(3) Local assistance.--The Governor of a State may award 
        funds received under this section, to be used solely for the 
        purposes set forth under subsection (c), to--
                    ``(A) any county or municipality in that State with 
                a community wildfire protection plan or a local multi-
                hazard mitigation plan;
                    ``(B) any Indian tribal government in that State 
                with a tribal mitigation plan; or
                    ``(C) any other entity that is explicitly 
                referenced in and central to, in the determination of 
                the Governor, the design of a community wildfire 
                protection plan or a local multi-hazard mitigation 
                plan.
    ``(e) Criteria for Assistance.--In determining whether to award a 
grant to an eligible recipient under this section, the President 
shall--
            ``(1) give preference to--
                    ``(A) an eligible recipient with a high level of 
                need for assistance based on the best scientific data 
                available;
                    ``(B) an eligible recipient that previously 
                received a grant under this section and effectively 
                used the Federal funds for wildfire mitigation 
                activities in the State or area under the jurisdiction 
                of the Indian tribal government, as applicable, as 
                determined by the President; and
            ``(2) consider environmental conditions in a State or an 
        area under the jurisdiction of an Indian tribal government, as 
        applicable, including environmental changes, deteriorating 
        forest health, and overall wildfire risk.
    ``(f) Application for Assistance.--
            ``(1) In general.--To request a grant under this section, 
        an eligible recipient shall submit an application to the 
        Administrator in such form, in such manner, and containing such 
        information as the Administrator may reasonably require.
            ``(2) Contents.--In addition to any other requirements that 
        may be specified by the Administrator, an eligible recipient 
        submitting an application for a grant under this section shall 
        demonstrate that--
                    ``(A) in the case of an eligible recipient that is 
                a State--
                            ``(i) the State has a State mitigation 
                        plan;
                            ``(ii) the State shall provide matching 
                        non-Federal funds equal to not less than 25 
                        percent of the amount of Federal funds made 
                        available under this subsection;
                            ``(iii) a county or municipality that may 
                        receive funds from the grant has a community 
                        wildfire protection plan or a local multi-
                        hazard mitigation plan; and
                            ``(iv) an Indian tribal government that may 
                        receive funds from the grant has a tribal 
                        mitigation plan; and
                    ``(B) in the case of an eligible recipient that is 
                an Indian tribal government--
                            ``(i) the Indian tribal government has a 
                        tribal mitigation plan; and
                            ``(ii) the Indian tribal government shall--
                                    ``(I) provide matching non-Federal 
                                funds equal to not less than 25 percent 
                                of the amount of Federal funds made 
                                available under this subsection; or
                                    ``(II) if the Indian tribal 
                                government is a small impoverished 
                                community, as defined in section 
                                203(a), provide non-matching Federal 
                                funds equal to not less than 10 percent 
                                of the amount of Federal funds made 
                                available under this subsection.
    ``(g) Report.--Not later than 1 year after the date of receipt of a 
grant under this section, the recipient shall submit to the 
Administrator a report, which shall be made publically available, on 
the use of funds made available under the grant.
    ``(h) Funding for Assistance.--
            ``(1) Predisaster mitigation fund.--Subject to the 
        availability of funds in the National Predisaster Mitigation 
        Fund established under section 203(i), the Administrator shall 
        use not less than $20,000,000 and not more than $30,000,000 
        from unobligated amounts in the National Predisaster Mitigation 
        Fund for each of fiscal years 2016 through 2021 in carrying out 
        this section.
            ``(2) Rule of construction.--Nothing in this section shall 
        be construed to increase the amount of appropriations 
        authorized for the Department of Homeland Security in any given 
        fiscal year.''.

SEC. 3. WILDFIRE MITIGATION ASSISTANCE.

    (a) In General.--Section 420 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Hazard Mitigation Assistance.--Whether or not a major 
disaster is declared, the President may provide hazard mitigation 
assistance in accordance with section 404 in any area affected by a 
fire for which assistance was provided under this section.''.
    (b) Conforming Amendments.--The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
            (1) in section 404(a) (42 U.S.C. 5170c(a))--
                    (A) by inserting before the first period ``, or any 
                area in which assistance was provided under section 
                420''; and
                    (B) in the third sentence, by inserting ``or event 
                under section 420'' after ``major disaster'' each place 
                that term appears; and
            (2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by 
        inserting ``or event under section 420'' after ``major 
        disaster'' each place that term appears.

SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall amend 
subsection (a) of section 206.48 of title 44, Code of Federal 
Regulations, to require the Federal Emergency Management Agency to 
consider, in evaluating a Governor's request for major disaster 
assistance under the Public Assistance Program, whether--
            (1) post-fire flooding occurred within 5 years, and as a 
        result, of a single wildfire event in the State; and
            (2) the State received fire management assistance under 
        section 420 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5187) related to the major 
        disaster for which the Governor is requesting assistance under 
        the Public Assistance Program.

SEC. 5. POST-FIRE FUNDING GUIDE.

    (a) Creation and Distribution.--Not later than 1 year after the 
date of enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall create and make publically available 
a post-fire recovery funding and resource guide for local communities.
    (b) Involvement by Local Leaders.--The Administrator of the Federal 
Emergency Management Agency shall create the guide under subsection (a) 
in collaboration with local leaders who have experienced wildfires in 
their communities and who understand the requirements for the use of 
Federal disaster funds.
    (c) Updates.--The Administrator of the Federal Emergency Management 
Agency shall update the guide under subsection (a) as programs and 
resources change.
                                 <all>
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