I 
112TH CONGRESS 
1ST SESSION 
H. R. 922 
To ensure that private property, public safety, and human life are protected 
from flood hazards that directly result from post-fire watershed condi-
tions that are created by wildfires on Federal land. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2011 
Mr. GOSAR introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committees 
on Financial Services, Natural Resources, and Agriculture, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To ensure that private property, public safety, and human 
life are protected from flood hazards that directly result 
from post-fire watershed conditions that are created by 
wildfires on Federal land. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Burn Area Flood Pre-
vention Act of 2011’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to ensure that private 
property, public safety, and human life are protected from 
flood hazards that directly result from post-fire watershed 
conditions that are created by wildfires on Federal land. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
(2) AFFECTED
AREA.—The term ‘‘affected 
area’’ means the area that— 
(A) suffered damage as a result of wildfire 
or flash flooding beginning on June 20, 2010; 
and 
(B) is depicted on the Arizona Division of 
Emergency Management map entitled ‘‘Schultz 
Flood #1 Operations Map’’ and dated August 
3, 2010. 
(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public lands (as defined in section 103 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702)); 
(B) units of the National Park System; 
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(C) refuges of the National Wildlife Refuge 
System; 
(D) land held in trust by the United States 
for the benefit of Indian tribes or members of 
an Indian tribe; and 
(E) the National Forest System (as de-
fined in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 
1974 (16 U.S.C. 1609(a))). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(5) TASK
FORCE.—The term ‘‘Task Force’’ 
means the Schultz Fire Flooding Area Task Force 
established by section 6(b). 
SEC. 4. CLARIFICATION OF FLAME WILDFIRE SUPPRES-
SION RESERVE FUND AUTHORITY. 
Section 502(c) of the Federal Land Assistance, Man-
agement, and Enhancement Act of 2009 (43 U.S.C. 
1748a(c)) is amended by inserting ‘‘and burn area re-
sponses, including flood prevention,’’ after ‘‘events’’. 
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SEC. 5. INSURANCE COVERAGE FOR PRIVATE PROPERTIES 
AFFECTED BY FLOODING FROM FEDERAL 
LANDS. 
Section 1306(c)(2) of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4013(c)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(C) the initial purchase of flood insurance 
coverage on a determination by the Director 
that the waiting period should be waived for 
private property that is affected by flooding on 
Federal land affected by wildfire.’’. 
SEC. 6. SCHULTZ FIRE FLOODING AREA ASSISTANCE. 
(a) FINDINGS.—Congress finds that— 
(1) on June 20, 2010, the Schultz wildfire 
began burning in the Coconino National Forest on 
Federal land that is located approximately 4 miles 
north of the City of Flagstaff, Arizona; 
(2) the Schultz Fire burned for 10 days, de-
stroyed more than 15,000 acres of Forest Service 
land, and prompted the evacuation of approximately 
400 homes before being 100 percent contained on 
June 30, 2010; 
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(3) the Schultz Fire severely burned a large 
portion of the forest along the steep terrain on the 
east side of the San Francisco Peaks, leaving little 
ground vegetation to absorb and retain rainwater; 
(4) on July 6, 2010, the Forest Service Burn 
Area Emergency Response Team issued a hydrology 
specialist report that assessed post-fire watershed 
conditions and determined that there was a constant 
daily flooding threat to nearby communities from 
summer monsoon storms; 
(5) on July 7, 2010, community meetings were 
held urging residents to purchase flood insurance for 
the affected area, which had not previously been des-
ignated as a flood plain; 
(6) on July 20, 2010, after nearly 2 inches of 
rain fell in less than 1 hour, flash flooding occurred 
in the unincorporated communities downstream from 
the Schultz wildfire burn area in Coconino County; 
(7) widespread flooding and debris disrupted 
public infrastructure, damaged approximately 32 
homes in the communities of Doney Park, Timber-
line, Hutchison Acres, and Wupatki Trails Estates, 
and killed a 12-year-old girl; 
(8) affected homeowners who purchased flood 
insurance were not eligible for coverage under the 
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