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 fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on Agriculture, Nat-
ural Resources, and Science and Technology, for a period to be subse-
quently 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. 
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 ‘‘Fire-Safe Communities 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Emergency Management Agency. 
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(2) APPLICABLE
MODEL
ORDINANCE.—The 
term ‘‘applicable model ordinance’’ means either— 
(A) the Federal model ordinance required 
by section 3(a); or 
(B) a State model ordinance described in 
section 3(d). 
(3) APPROPRIATE REVIEW PANEL.—The term 
‘‘appropriate review panel’’ means a panel of individ-
uals who— 
(A)(i) are fire protection experts; or 
(ii) have significant expertise in fire man-
agement, fire policy, community planning, or 
issues related to a fire hazard area; and 
(B) are appointed by the Administrator. 
(4) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Standards 
and Technology. 
(5) FIRE HAZARD AREA.—The term ‘‘fire haz-
ard area’’ means an area at significant risk from 
wildland fire as determined by the applicable State 
forestry agency or equivalent State agency. 
(6) FIRE-SAFE COMMUNITIES.—The term ‘‘fire- 
safe community’’ means— 
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(A) a subdivision of a State that has 
adopted local ordinances that are consistent 
with each element set out in section 3(b); or 
(B) a municipality at risk that has adopted 
local ordinances that are consistent with some 
but not all of the elements set out in section 
3(b), if the Administrator determines that local 
conditions make the incorporation of such ele-
ments impractical or counterproductive for such 
municipality. 
(7) MUNICIPALITY AT RISK.—The term ‘‘mu-
nicipality at risk’’ means a subdivision of a State 
that is located in a fire hazard area. 
SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE 
HAZARD AREAS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of the enactment of this Act, the Director shall 
publish a Federal model ordinance for municipalities at 
risk that contains the elements described in subsection (b). 
(b) ELEMENTS.—A model ordinance required by sub-
section (a) shall include the following elements with re-
spect to fire prevention and management: 
(1) Specifications for construction materials 
and techniques for use in such communities. 
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(2) Guidelines for the placement of utilities, de-
fensible space, and vegetation management. 
(3) Enforcement mechanisms for compliance 
with defensible space requirements. 
(4) Zoning and site design standards for new 
residential construction, including the width and 
placement of surrounding fuel breaks and descrip-
tion of unsafe areas to locate new homes, such as 
the top of highly dangerous canyons that funnel 
wildfire heat. 
(5) Specifications for water supplies for fire-
fighting. 
(6) Requirements for adequate firefighting pro-
tection, including requirements for fire stations and 
equipment. 
(7) Guidelines for the participation of fire pro-
fessionals in the development of local fire protection 
models. 
(8) Standards for roads, culverts, and bridges. 
(9) Guidelines for the marking of buildings and 
homes. 
(c) DEVELOPMENT
OF FEDERAL MODEL ORDI-
NANCE.— 
(1) CONSULTATION.—In developing the model 
ordinance required by subsection (a), the Director— 
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(A) shall consult with the Administrator, 
the Chief of the Forest Service, and the Direc-
tor of the Bureau of Land Management; and 
(B) may consult with others, including pri-
vate entities that write fire codes. 
(2) EXISTING STANDARDS.—The Director may 
incorporate into the Federal model ordinance all or 
part of existing consensus-based standards for fire 
hazard areas, or other model codes (such as the 
International Wildland-Urban Interface Code or Na-
tional Fire Protection Association standards). 
(d) STATE MODEL ORDINANCES.—A State may 
adopt model ordinances incorporating appropriate ele-
ments set out in subsection (b) for the communities of 
such State. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $7,500,000 to carry out 
subsection (a). 
SEC. 4. FIRE MANAGEMENT ASSISTANCE GRANTS FOR 
FIRE-SAFE COMMUNITIES. 
(a) IN GENERAL.— 
(1) FIRE
MANAGEMENT
ASSISTANCE
GRANT 
PROGRAM.—The Administrator may modify, for a 
municipality at risk, the requirements of the Fire 
Management Assistance Grant Program related to 
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the provision of a non-Federal share of funds, as set 
forth in paragraph (2). 
(2) NON-FEDERAL SHARE.—If a municipality 
at risk has adopted an applicable model ordinance 
and is making significant progress toward imple-
menting that model ordinance, the Administrator 
may reduce the required amount for such non-Fed-
eral share to 10 percent of the grant amount. 
(b) RULEMAKING.—Not later than 18 months after 
the date of the enactment of this Act, the Administrator 
shall complete a rulemaking— 
(1) to define ‘‘significant progress toward im-
plementing that model ordinance’’ as used in sub-
section (a); and 
(2) to establish other procedures and require-
ments for decreasing the non-Federal share for the 
Fire Management Assistance Grant Program pursu-
ant to subsection (a). 
(c) FIRE MANAGEMENT ASSISTANCE GRANT PRO-
GRAM DEFINED.—In this section, the term ‘‘Fire Manage-
ment Assistance Grant Program’’ means the fire manage-
ment assistance grant program carried out pursuant to 
section 420 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5187). 
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SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT. 
(a) IN GENERAL.—Subject to the availability of 
funds for this purpose, the Administrator shall provide 
grants to municipalities at risk— 
(1) to encourage responsible development in 
State-identified fire-prone regions; and 
(2) to mitigate the catastrophic effects of fires. 
(b) USE OF FUNDS.—Grants awarded under this sec-
tion may be used as follows: 
(1) By fire-safe communities to implement or 
enforce local ordinances consistent with an applica-
ble model ordinance. 
(2) To carry out programs to provide education 
to community planners and local fire departments on 
code enforcement and fire-resistant planning, zoning, 
and home construction. 
(3) To enforce requirements related to residen-
tial construction or brush clearing requirements. 
(4) To create fire maps using geographic infor-
mation system technology and provide training in 
such technology. 
(5) To provide education to the public on fire- 
safe practices. 
(c) MAXIMUM GRANT AWARDS.—The amount of a 
grant awarded under this section may not be more than 
$1,000,000. 
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(d) APPLICATIONS.— 
(1) IN GENERAL.—An application for a grant 
under this section shall be made at such time and 
in such manner as the Administrator shall require. 
(2) MATCHING REQUIREMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Administrator shall require that 
a municipality that receives a grant under this 
subsection provide non-Federal funds in an 
amount equal to 25 percent of the amount of 
such grant. 
(B) WAIVER.—The Administrator may 
waive the requirement of subparagraph (A) in 
extraordinary circumstances. 
(3) REVIEW.—Applications for grants under 
this section shall be reviewed by an appropriate re-
view panel established by the Administrator. 
(e) SCHEDULE.—A grant awarded under this section 
shall be expended not later than 3 years after the date 
the grant is awarded. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000 for fiscal year 2008 and each fiscal year 
thereafter. 
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SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS. 
(a) IN GENERAL.—The Administrator shall provide 
grants to States to create or update fire-hazard assess-
ment maps. 
(b) USE OF FUNDS.—Grants awarded under this sec-
tion may be used as follows: 
(1) To develop or update maps that assess fire 
hazard in a State. 
(2) To conduct studies and to provide equip-
ment, personnel, or other resources necessary to de-
velop or update such maps. 
(c) MAXIMUM GRANT AWARDS.— 
(1) AMOUNT.—The amount of a grant awarded 
under 
this 
section 
may 
not 
be 
more 
than 
$1,000,000. 
(2) REQUIREMENT FOR MATCHING FUNDS.—A 
State that receives a grant under this section shall 
provide an equal amount of State funds to create or 
update fire-hazard assessment maps. 
(d) APPLICATIONS.— 
(1) IN GENERAL.—An application for a grant 
under this section shall be made at such time and 
in such manner as the Administrator shall require. 
(2) REVIEW.—Applications for grants under 
this section shall be reviewed by an appropriate re-
view panel established by the Administrator. 
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(e) SCHEDULE.—A grant awarded under this section 
shall be expended not later than 3 years after the date 
the grant is awarded. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$15,000,000 for fiscal year 2008 and each fiscal year 
thereafter. 
SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTE-
RIOR GRANTS FOR COMMUNITY FIRE PRO-
TECTION. 
(a) GRANTS BY DEPARTMENT OF THE INTERIOR; IN-
CLUSION OF NON-FORESTED AREAS.—Subsection (a) of 
section 10A of the Cooperative Forestry Assistance Act 
of 1978 (16 U.S.C. 2106c) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by inserting ‘‘and the Secretary of the 
Interior’’ after ‘‘The Secretary’’; and 
(B) by striking ‘‘and equivalent State offi-
cials’’ and inserting ‘‘equivalent State officials, 
and local officials’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘trees and forests’’ and in-
serting ‘‘trees, forests, and rangelands’’; and 
(B) by inserting ‘‘and rangeland’’ after 
‘‘overall forest’’; and 
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(3) in paragraph (4)— 
(A) by inserting ‘‘and rangeland’’ after ‘‘all 
forest’’; and 
(B) by inserting ‘‘and other vegetation’’ 
after ‘‘forest cover’’. 
(b) COMMUNITY AND PRIVATE LAND FIRE ASSIST-
ANCE PROGRAM.—Subsection (b) of such section is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking 
‘‘wildfires.’’ and inserting ‘‘wildfires; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) to enhance the capacity of local gov-
ernments to integrate fire-resistant community 
and home design into local planning, zoning, 
building code, and brush clearing ordinances.’’; 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) 
ADMINISTRATION
AND
IMPLEMENTA-
TION.—The Program shall be administered by the 
Chief of the Forest Service and the Secretary of the 
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Interior and implemented through State foresters or 
equivalent State officials.’’; 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘Secretary,’’ and inserting 
‘‘Secretary and the Secretary of the Interior’’; 
(B) by redesignating subparagraphs (F), 
(G), and (H) as subparagraphs (G), (H), and 
(I), respectively; and 
(C) by inserting after subparagraph (E) 
the following new subparagraph: 
‘‘(F) programs to build the capacity of 
local governments to design and maintain fire- 
resistant communities;’’; 
(4) in paragraph (4), by inserting ‘‘or the Sec-
retary of the Interior’’ after ‘‘by the Secretary’’; and 
(5) in paragraph (5), by inserting ‘‘and the Sec-
retary of the Interior’’ after ‘‘The Secretary’’. 
(c) PILOT
PROGRAM
FOR
FIRE-SAFE
COMMU-
NITIES.—Such section is further amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b), the fol-
lowing new subsection (c): 
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‘‘(c) PILOT PROGRAM FOR FIRE-SAFE COMMUNITIES 
TO
COORDINATE
ACROSS
JURISDICTIONAL
BOUND-
ARIES.— 
‘‘(1) AUTHORITY.—The Secretary and the Sec-
retary of the Interior may carry out a pilot program 
to assess the feasibility and advisability of providing 
assistance to fire-safe communities located near Fed-
eral land to assist in Federal efforts to prevent and 
manage fires. 
‘‘(2) GRANTS.—The Secretary and the Sec-
retary of the Interior may carry out the pilot pro-
gram through the award of grants for purposes of 
the pilot program. 
‘‘(3) USE OF GRANT FUNDS.—A recipient of a 
grant under the pilot program may use the grant for 
any of the following: 
‘‘(A) To implement or enforce local ordi-
nances consistent with the Federal model ordi-
nance or applicable State model ordinance. 
‘‘(B) To complete cooperative fire agree-
ments that articulate the roles and responsibil-
ities for Federal, State, and local government 
entities in local wildfire suppression and protec-
tion. 
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‘‘(C) To develop or implement community 
wildfire protection plans to better focus re-
sources to address priority areas for hazardous 
fuels reduction projects. 
‘‘(D) To expand education programs to 
raise the awareness of homeowners and citizens 
of wildland fire protection practices. 
‘‘(E) To implement training programs for 
firefighters on wildland firefighting techniques 
and approaches. 
‘‘(F) To acquire equipment acquisition to 
facilitate wildland fire preparedness. 
‘‘(4) MATCHING REQUIREMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a person who receives a grant under 
the pilot program shall provide non-Federal 
funds in an amount equal to 25 percent of the 
amount of such grant. 
‘‘(B) WAIVER.—The Secretary or the Sec-
retary of the Interior may waive the require-
ments of subparagraph (A) in extraordinary cir-
cumstances. 
‘‘(5) FIRE-SAFE COMMUNITY DEFINED.—In this 
subsection, the term ‘fire-safe community’ has the 
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meaning given that term in section 2 of the Fire- 
Safe Communities Act.’’. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (e) of such section, as redesignated by subsection 
(c), is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘to the Secretary’’; 
(2) in paragraph (1), by striking ‘‘and’’ at the 
end; and 
(3) by striking paragraph (2) and inserting the 
following new paragraphs: 
‘‘(2) to the Secretary— 
‘‘(A) $35,000,000 for each of fiscal years 
2008 through 2013; and 
‘‘(B) such sums as are necessary for each 
fiscal year thereafter; and 
‘‘(3) to the Secretary of the Interior— 
‘‘(A) $15,000,000 for each of fiscal years 
2008 through 2013; and 
‘‘(B) such sums as are necessary for each 
fiscal year thereafter.’’. 
(e) CONFORMING AMENDMENT.—Subsection (d) of 
such section, as redesignated by subsection (c), is amend-
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ed by inserting ‘‘and the Secretary of the Interior’’ after 
‘‘section, the Secretary’’. 
Æ 
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