I 

110TH CONGRESS 

2D SESSION H. R. 5218 

To promote fire-safe communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2008 

Mr. UDALL of Colorado (for himself and Mr. FILNER) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committees on Agriculture, Natural Resources, and Science and Technology, 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 promote fire-safe communities, 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 ‘‘Fire-Safe Communities 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Emergency Management Agency. 


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1 (2) APPLICABLE MODEL ORDINANCE.—The 

2 term ‘‘applicable model ordinance’’ means either— 

3 (A) the Federal model ordinance required 

4 by section 3(a); or 

5 (B) a State model ordinance described in 

6 section 3(d). 

7 (3) APPROPRIATE REVIEW PANEL.—The term 

8 ‘‘appropriate review panel’’ means a panel of individ9 uals who— 

10 (A)(i) are fire protection experts; or 

11 (ii) have significant expertise in fire man12 agement, fire policy, community planning, or 

13 issues related to a fire hazard area; and 

14 (B) are appointed by the Administrator. 

15 (4) DIRECTOR.—The term ‘‘Director’’ means 

16 the Director of the National Institute of Standards 

17 and Technology. 

18 (5) FIRE HAZARD AREA.—The term ‘‘fire haz19 ard area’’ means an area at significant risk from 

20 wildland fire as determined by the applicable State 

21 forestry agency or equivalent State agency. 

22 (6) FIRE-SAFE COMMUNITIES.—The term ‘‘fire23 safe community’’ means— 


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1 (A) a subdivision of a State that has 

2 adopted local ordinances that are consistent 

3 with each element set out in section 3(b); or 

4 (B) a municipality at risk that has adopted 

5 local ordinances that are consistent with some 

6 but not all of the elements set out in section 

7 3(b), if the Administrator determines that local 

8 conditions make the incorporation of such ele9 ments impractical or counterproductive for such 

10 municipality. 

11 (7) MUNICIPALITY AT RISK.—The term ‘‘mu12 nicipality at risk’’ means a subdivision of a State 

13 that is located in a fire hazard area. 

14 SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE 

15 HAZARD AREAS. 

16 (a) IN GENERAL.—Not later than 18 months after 

17 the date of the enactment of this Act, the Director shall 

18 publish a Federal model ordinance for municipalities at 

19 risk that contains the elements described in subsection (b). 

20 (b) ELEMENTS.—A model ordinance required by sub21 section (a) shall include the following elements with re22 spect to fire prevention and management: 

23 (1) Specifications for construction materials 

24 and techniques for use in such communities. 


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1 (2) Guidelines for the placement of utilities, de2 fensible space, and vegetation management. 

3 (3) Enforcement mechanisms for compliance 

4 with defensible space requirements. 

5 (4) Zoning and site design standards for new 

6 residential construction, including the width and 

7 placement of surrounding fuel breaks and descrip8 tion of unsafe areas to locate new homes, such as 

9 the top of highly dangerous canyons that funnel 

10 wildfire heat. 

11 (5) Specifications for water supplies for fire12 fighting. 

13 (6) Requirements for adequate firefighting pro14 tection, including requirements for fire stations and 

15 equipment. 

16 (7) Guidelines for the participation of fire pro17 fessionals in the development of local fire protection 

18 models. 

19 (8) Standards for roads, culverts, and bridges. 

20 (9) Guidelines for the marking of buildings and 

21 homes. 

22 (c) DEVELOPMENT OF FEDERAL MODEL ORDI23 NANCE.— 

24 (1) CONSULTATION.—In developing the model 

25 ordinance required by subsection (a), the Director— 


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1 (A) shall consult with the Administrator, 

2 the Chief of the Forest Service, and the Direc3 tor of the Bureau of Land Management; and 

4 (B) may consult with others, including pri5 vate entities that write fire codes. 

6 (2) EXISTING STANDARDS.—The Director may 

7 incorporate into the Federal model ordinance all or 

8 part of existing consensus-based standards for fire 

9 hazard areas, or other model codes (such as the 

10 International Wildland-Urban Interface Code or Na11 tional Fire Protection Association standards). 

12 (d) STATE MODEL ORDINANCES.—A State may 

13 adopt model ordinances incorporating appropriate ele14 ments set out in subsection (b) for the communities of 

15 such State. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated $7,500,000 to carry out 

18 subsection (a). 

19 SEC. 4. FIRE MANAGEMENT ASSISTANCE GRANTS FOR 

20 FIRE-SAFE COMMUNITIES. 

21 (a) IN GENERAL.— 

22 (1) FIRE MANAGEMENT ASSISTANCE GRANT

23 PROGRAM.—The Administrator may modify, for a 

24 municipality at risk, the requirements of the Fire 

25 Management Assistance Grant Program related to 


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1 the provision of a non-Federal share of funds, as set 

2 forth in paragraph (2). 

3 (2) NON-FEDERAL SHARE.—If a municipality 

4 at risk has adopted an applicable model ordinance 

5 and is making significant progress toward imple6 menting that model ordinance, the Administrator 

7 may reduce the required amount for such non-Fed8 eral share to 10 percent of the grant amount. 

9 (b) RULEMAKING.—Not later than 18 months after 

10 the date of the enactment of this Act, the Administrator 

11 shall complete a rulemaking— 

12 (1) to define ‘‘significant progress toward im13 plementing that model ordinance’’ as used in sub14 section (a); and 

15 (2) to establish other procedures and require16 ments for decreasing the non-Federal share for the 

17 Fire Management Assistance Grant Program pursu18 ant to subsection (a). 

19 (c) FIRE MANAGEMENT ASSISTANCE GRANT PRO20 GRAM DEFINED.—In this section, the term ‘‘Fire Manage21 ment Assistance Grant Program’’ means the fire manage22 ment assistance grant program carried out pursuant to 

23 section 420 of the Robert T. Stafford Disaster Relief and 

24 Emergency Assistance Act (42 U.S.C. 5187). 


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1 SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT. 

2 (a) IN GENERAL.—Subject to the availability of 

3 funds for this purpose, the Administrator shall provide 

4 grants to municipalities at risk— 

5 (1) to encourage responsible development in 

6 State-identified fire-prone regions; and 

7 (2) to mitigate the catastrophic effects of fires. 

8 (b) USE OF FUNDS.—Grants awarded under this sec9 tion may be used as follows: 

10 (1) By fire-safe communities to implement or 

11 enforce local ordinances consistent with an applica12 ble model ordinance. 

13 (2) To carry out programs to provide education 

14 to community planners and local fire departments on 

15 code enforcement and fire-resistant planning, zoning, 

16 and home construction. 

17 (3) To enforce requirements related to residen18 tial construction or brush clearing requirements. 

19 (4) To create fire maps using geographic infor20 mation system technology and provide training in 

21 such technology. 

22 (5) To provide education to the public on fire23 safe practices. 

24 (c) MAXIMUM GRANT AWARDS.—The amount of a 

25 grant awarded under this section may not be more than 

26 $1,000,000. 


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1 (d) APPLICATIONS.— 

2 (1) IN GENERAL.—An application for a grant 

3 under this section shall be made at such time and 

4 in such manner as the Administrator shall require. 

5 (2) MATCHING REQUIREMENT.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Administrator shall require that 

8 a municipality that receives a grant under this 

9 subsection provide non-Federal funds in an 

10 amount equal to 25 percent of the amount of 

11 such grant. 

12 (B) WAIVER.—The Administrator may 

13 waive the requirement of subparagraph (A) in 

14 extraordinary circumstances. 

15 (3) REVIEW.—Applications for grants under 

16 this section shall be reviewed by an appropriate re17 view panel established by the Administrator. 

18 (e) SCHEDULE.—A grant awarded under this section 

19 shall be expended not later than 3 years after the date 

20 the grant is awarded. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $25,000,000 for fiscal year 2008 and each fiscal year 

24 thereafter. 


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1 SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS. 

2 (a) IN GENERAL.—The Administrator shall provide 

3 grants to States to create or update fire-hazard assess4 ment maps. 

5 (b) USE OF FUNDS.—Grants awarded under this sec6 tion may be used as follows: 

7 (1) To develop or update maps that assess fire 

8 hazard in a State. 

9 (2) To conduct studies and to provide equip10 ment, personnel, or other resources necessary to de11 velop or update such maps. 

12 (c) MAXIMUM GRANT AWARDS.— 

13 (1) AMOUNT.—The amount of a grant awarded 

14 under this section may not be more than 

15 $1,000,000. 

16 (2) REQUIREMENT FOR MATCHING FUNDS.—A 

17 State that receives a grant under this section shall 

18 provide an equal amount of State funds to create or 

19 update fire-hazard assessment maps. 

20 (d) APPLICATIONS.— 

21 (1) IN GENERAL.—An application for a grant 

22 under this section shall be made at such time and 

23 in such manner as the Administrator shall require. 

24 (2) REVIEW.—Applications for grants under 

25 this section shall be reviewed by an appropriate re26 view panel established by the Administrator. 


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1 (e) SCHEDULE.—A grant awarded under this section 

2 shall be expended not later than 3 years after the date 

3 the grant is awarded. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $15,000,000 for fiscal year 2008 and each fiscal year 

7 thereafter. 

8 SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTE9 RIOR GRANTS FOR COMMUNITY FIRE PRO10 TECTION. 

11 (a) GRANTS BY DEPARTMENT OF THE INTERIOR; IN12 CLUSION OF NON-FORESTED AREAS.—Subsection (a) of 

13 section 10A of the Cooperative Forestry Assistance Act 

14 of 1978 (16 U.S.C. 2106c) is amended— 

15 (1) in the matter preceding paragraph (1)— 

16 (A) by inserting ‘‘and the Secretary of the 

17 Interior’’ after ‘‘The Secretary’’; and 

18 (B) by striking ‘‘and equivalent State offi19 cials’’ and inserting ‘‘equivalent State officials, 

20 and local officials’’; 

21 (2) in paragraph (3)— 

22 (A) by striking ‘‘trees and forests’’ and in23 serting ‘‘trees, forests, and rangelands’’; and 

24 (B) by inserting ‘‘and rangeland’’ after 

25 ‘‘overall forest’’; and 


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1 (3) in paragraph (4)— 

2 (A) by inserting ‘‘and rangeland’’ after ‘‘all 

3 forest’’; and 

4 (B) by inserting ‘‘and other vegetation’’ 

5 after ‘‘forest cover’’. 

6 (b) COMMUNITY AND PRIVATE LAND FIRE ASSIST7 ANCE PROGRAM.—Subsection (b) of such section is 

8 amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (C), by striking 

11 ‘‘and’’ at the end; 

12 (B) in subparagraph (D), by striking 

13 ‘‘wildfires.’’ and inserting ‘‘wildfires; and’’; and 

14 (C) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(E) to enhance the capacity of local gov17 ernments to integrate fire-resistant community 

18 and home design into local planning, zoning, 

19 building code, and brush clearing ordinances.’’; 

20 (2) by striking paragraph (2) and inserting the 

21 following new paragraph: 

22 ‘‘(2) ADMINISTRATION AND IMPLEMENTA23 TION.—The Program shall be administered by the 

24 Chief of the Forest Service and the Secretary of the 


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1 Interior and implemented through State foresters or 

2 equivalent State officials.’’; 

3 (3) in paragraph (3)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘Secretary,’’ and inserting 

6 ‘‘Secretary and the Secretary of the Interior’’; 

7 (B) by redesignating subparagraphs (F), 

8 (G), and (H) as subparagraphs (G), (H), and 

9 (I), respectively; and 

10 (C) by inserting after subparagraph (E) 

11 the following new subparagraph: 

12 ‘‘(F) programs to build the capacity of 

13 local governments to design and maintain fire14 resistant communities;’’; 

15 (4) in paragraph (4), by inserting ‘‘or the Sec16 retary of the Interior’’ after ‘‘by the Secretary’’; and 

17 (5) in paragraph (5), by inserting ‘‘and the Sec18 retary of the Interior’’ after ‘‘The Secretary’’. 

19 (c) PILOT PROGRAM FOR FIRE-SAFE COMMU20 NITIES.—Such section is further amended— 

21 (1) by redesignating subsections (c) and (d) as 

22 subsections (d) and (e), respectively; and 

23 (2) by inserting after subsection (b), the fol24 lowing new subsection (c): 


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1 ‘‘(c) PILOT PROGRAM FOR FIRE-SAFE COMMUNITIES

2 TO COORDINATE ACROSS JURISDICTIONAL BOUND3 ARIES.— 

4 ‘‘(1) AUTHORITY.—The Secretary and the Sec5 retary of the Interior may carry out a pilot program 

6 to assess the feasibility and advisability of providing 

7 assistance to fire-safe communities located near Fed8 eral land to assist in Federal efforts to prevent and 

9 manage fires. 

10 ‘‘(2) GRANTS.—The Secretary and the Sec11 retary of the Interior may carry out the pilot pro12 gram through the award of grants for purposes of 

13 the pilot program. 

14 ‘‘(3) USE OF GRANT FUNDS.—A recipient of a 

15 grant under the pilot program may use the grant for 

16 any of the following: 

17 ‘‘(A) To implement or enforce local ordi18 nances consistent with the Federal model ordi19 nance or applicable State model ordinance. 

20 ‘‘(B) To complete cooperative fire agree21 ments that articulate the roles and responsibil22 ities for Federal, State, and local government 

23 entities in local wildfire suppression and protec24 tion. 


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1 ‘‘(C) To develop or implement community 

2 wildfire protection plans to better focus re3 sources to address priority areas for hazardous 

4 fuels reduction projects. 

5 ‘‘(D) To expand education programs to 

6 raise the awareness of homeowners and citizens 

7 of wildland fire protection practices. 

8 ‘‘(E) To implement training programs for 

9 firefighters on wildland firefighting techniques 

10 and approaches. 

11 ‘‘(F) To acquire equipment acquisition to 

12 facilitate wildland fire preparedness. 

13 ‘‘(4) MATCHING REQUIREMENT.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graph (B), a person who receives a grant under 

16 the pilot program shall provide non-Federal 

17 funds in an amount equal to 25 percent of the 

18 amount of such grant. 

19 ‘‘(B) WAIVER.—The Secretary or the Sec20 retary of the Interior may waive the require21 ments of subparagraph (A) in extraordinary cir22 cumstances. 

23 ‘‘(5) FIRE-SAFE COMMUNITY DEFINED.—In this 

24 subsection, the term ‘fire-safe community’ has the 


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1 meaning given that term in section 2 of the Fire2 Safe Communities Act.’’. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Sub4 section (e) of such section, as redesignated by subsection 

5 (c), is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘to the Secretary’’; 

8 (2) in paragraph (1), by striking ‘‘and’’ at the 

9 end; and 

10 (3) by striking paragraph (2) and inserting the 

11 following new paragraphs: 

12 ‘‘(2) to the Secretary— 

13 ‘‘(A) $35,000,000 for each of fiscal years 

14 2008 through 2013; and 

15 ‘‘(B) such sums as are necessary for each 

16 fiscal year thereafter; and 

17 ‘‘(3) to the Secretary of the Interior— 

18 ‘‘(A) $15,000,000 for each of fiscal years 

19 2008 through 2013; and 

20 ‘‘(B) such sums as are necessary for each 

21 fiscal year thereafter.’’. 

22 (e) CONFORMING AMENDMENT.—Subsection (d) of 

23 such section, as redesignated by subsection (c), is amendVerDate Aug 31 2005 01:56 Jan 31, 2008 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5218.IH H5218

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1 ed by inserting ‘‘and the Secretary of the Interior’’ after 

2 ‘‘section, the Secretary’’. 

Æ 


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