I 
115TH CONGRESS 
2D SESSION 
H. R. 6799 
To authorize disaster recovery assistance for areas affected by wildfires on 
Federal Lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2018 
Mr. TIPTON introduced the following bill; which was referred to the Committee 
on Financial Services, and in addition to the Committees on Natural Re-
sources, and Small Business, 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 authorize disaster recovery assistance for areas affected 
by wildfires on Federal Lands, 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 ‘‘Federal Lands Fire- 
Related Incidents Recovery and Economic Stimulus Act 
of 2018’’ or the ‘‘Federal Lands FIRES Act of 2018’’. 
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SEC. 2. FEDERAL LANDS WILDFIRE DISASTER DECLARA-
TION. 
(a) ELIGIBLE WILDFIRES.—The President may de-
clare a Federal lands wildfire disaster under this section 
for any wildfire— 
(1) for which a request for a declaration under 
this section has been made pursuant to subsection 
(b); 
(2) that has burned an area 40 percent or more 
of which consists of Federal lands; and 
(3) that in the determination of the President 
causes damage of sufficient severity and magnitude 
to warrant assistance under this Act to supplement 
the efforts and available resources of States, local 
governments, Indian tribes, and disaster relief orga-
nizations in alleviating the damage, loss, hardship, 
or suffering caused thereby. 
In making such a declaration, the President shall specify 
the area for which assistance under section 3 may be pro-
vided for secondary and tertiary damages described in sec-
tion 3(d)(1)(B), which may include only areas included in 
the request for the declaration pursuant to subsection 
(b)(3) of this section. 
(b) REQUEST FOR DECLARATION.— 
(1) MAKING.—A request for a declaration of a 
Federal lands wildfire disaster may be made by— 
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(A) the Governor of a State affected by a 
wildfire; or 
(B) the Chief Executive of an Indian tribal 
government affected by a wildfire. 
(2) BASIS.—A request for a declaration of a 
Federal lands wildfire disaster shall be based on a 
finding that the wildfire is of such severity and mag-
nitude that effective response is beyond the capabili-
ties of the State and the affected local governments 
and that Federal assistance is necessary. As part of 
such request, and as a prerequisite to assistance 
under this Act, the Governor or Chief Executive of 
the Indian tribal government making the request 
shall take appropriate response action under State 
or tribal law and direct execution of the State’s or 
tribe’s emergency plan. The Governor or Chief Exec-
utive shall furnish to the President and the Sec-
retary of Housing and Urban Development informa-
tion on the nature and amount of State, local, and 
tribal resources which have been or will be com-
mitted to alleviating the results of the wildfire, and 
shall certify that, for the current wildfire, State, 
local, or tribal government obligations and expendi-
tures, as applicable (of which State or tribal commit-
ments shall be a significant proportion) will comply 
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with all applicable cost-sharing requirements of this 
Act. 
(3) AREA OF SECONDARY AND TERTIARY DAM-
AGE.—In making a request for a declaration under 
this section of a Federal lands wildfire disaster, the 
Governor or Chief Executive of an Indian tribal gov-
ernment shall include a designation of an area with-
in which assistance under section 3 may be provided 
for secondary and tertiary damages described in sec-
tion 3(d)(1)(B), which may not include any area 
more than 100 miles from the area directly subject 
to the wildfire involved. 
(c) SAVINGS PROVISION.—Nothing in this section 
may be construed to prohibit an Indian tribal government 
from receiving assistance under this Act through a dec-
laration made by the President at the request under sub-
section (a) of a State if the President does not make a 
declaration for the tribal government for the same wild-
fire. 
SEC. 3. DISASTER RECOVERY ASSISTANCE FOR FEDERAL 
LANDS WILDFIRE DISASTERS. 
(a) AUTHORITY.—The Secretary of Housing and 
Urban Development (in this section referred to as the 
‘‘Secretary’’) may provide assistance under this section to 
States, units of general local government, and Indian 
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tribes for necessary expenses for activities authorized 
under title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 
relief, long-term recovery, restoration of infrastructure 
and housing, and economic revitalization in the most im-
pacted and distressed areas resulting from a Federal lands 
wildfire disaster declared pursuant to section 2 of this Act. 
(b) DIRECT AWARD OF ASSISTANCE.—Funds for as-
sistance under this section shall be awarded directly to the 
State, unit of general local government, or Indian tribe 
at the discretion of the Secretary. 
(c) PLAN FOR USE.—Prior to the obligation of funds 
a grantee shall submit a plan to the Secretary for approval 
detailing the proposed use of all funds, including criteria 
for eligibility and how the use of such funds will address 
long-term recovery and restoration of infrastructure and 
housing and economic revitalization in the most impacted 
and distressed areas. 
(d) ELIGIBLE USE.— 
(1) QUALIFYING BUSINESS.—Businesses eligible 
for assistance under this section shall include— 
(A) businesses operating on federally 
owned property, including camps, resorts, and 
recreational businesses; and 
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(B) businesses impacted by the secondary 
and tertiary damage in connection with the 
wildfire for which the Federal lands wildfire 
disaster was declared, including mudslides, 
rockslides, falling trees, and other events caus-
ing damage that is not directly caused by fire. 
(2) LIMITATION.—Notwithstanding any other 
provision of this section, assistance under this sec-
tion in connection with a Federal lands wildfire dis-
aster may not be provided for any business that, 
during the last calendar year ending before the dec-
laration of such disaster, had gross revenues exceed-
ing $3,000,000. 
(e) FINANCIAL CONTROLS.—As a condition of mak-
ing any grant under this section, the Secretary shall cer-
tify in advance that such grantee has in place proficient 
financial controls and procurement processes and has es-
tablished adequate procedures to prevent any duplication 
of benefits as defined by section 312 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5155), to ensure timely expenditure of funds, to 
maintain comprehensive websites regarding all disaster re-
covery activities assisted with such funds, and to detect 
and prevent waste, fraud, and abuse of funds. 
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(f) PROHIBITION.—Funds provided under this sec-
tion may not be used for activities reimbursable by, or for 
which funds are made available by, the Federal Emer-
gency Management Agency or the Army Corps of Engi-
neers. 
(g) TREATMENT.—Funds made available under this 
section shall not be considered relevant to the non-disaster 
formula allocations made pursuant to section 106 of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5306). 
(h) ADMINISTRATIVE COSTS.—A State, unit of gen-
eral local government, Indian tribe, or subdivision thereof 
may use up to 5 percent of amounts received under this 
section for administrative costs. 
(i) WAIVERS.— 
(1) AUTHORITY.—In administering funds made 
available for assistance in accordance with this sec-
tion, the Secretary may waive, or specify alternative 
requirements for, any provision of any statute or 
regulation that the Secretary administers in connec-
tion with the obligation by the Secretary or the use 
by the recipient of such funds (except for require-
ments related to fair housing, nondiscrimination, 
labor standards, and the environment), if the Sec-
retary finds that good cause exists for the waiver or 
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alternative requirement and such waiver or alter-
native requirement would not be inconsistent with 
the overall purpose of title I of the Housing and 
Community Development Act of 1974. 
(2) NOTICE.—The Secretary shall publish via 
notice in the Federal Register any waiver, or alter-
native requirement, to any statute or regulation that 
the Secretary administers pursuant to title I of the 
Housing and Community Development Act of 1974 
no later than 5 days before the effective date of such 
waiver or alternative requirement. 
(j) EXEMPTION FROM ENVIRONMENTAL REVIEW RE-
QUIREMENTS.—An action that is taken or assistance that 
is provided pursuant to this section that has the effect 
of restoring a facility substantially to its condition prior 
to the Federal lands wildfire disaster that affected such 
facility shall not be deemed a major Federal action signifi-
cantly affecting the quality of the human environment 
within the meaning of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(k) OVERSIGHT COSTS.—Of any amounts made avail-
able for assistance in accordance with this section, up to 
0.1 percent may be transferred, in aggregate, to the De-
partment of Housing and Urban Development account for 
Program Office Salaries and Expenses—Community Plan-
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ning and Development for necessary costs, including infor-
mation technology costs, of administering and overseeing 
the obligation and expenditure of amounts for assistance 
under this section. 
(l) REPORTS.—The Secretary shall require each 
State, unit of general local government, and Indian tribe 
for which assistance amounts under this section are pro-
vided to report annually during the 5-year period begin-
ning upon the provision of such funds regarding the use 
of such funds and compliance with the plan for such use 
under subsection (c). 
(m) RECAPTURE
OF
UNUSED
FUNDS.—If any 
amounts made available for assistance under this section 
to a grantee in connection with a Federal lands wildfire 
disaster remain unexpended upon the expiration of the 5- 
year period beginning upon the Secretary obligating such 
amounts to the grantee, the Secretary shall recapture such 
unexpended amounts and transfer such amounts to the 
Secretary of the Treasury for deposit into the General 
Fund of the Treasury. 
(n) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to provide assistance under this section in connec-
tion with each Federal lands wildfire disaster declared 
under section 2. 
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SEC. 4. ELIGIBILITY FOR SBA ECONOMIC INJURY DISASTER 
LOANS. 
Section 7(b)(2) of the Small Business Act (15 U.S.C. 
636(b)(2)) is amended— 
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) a Federal lands wildfire disaster, as 
declared by the President under section 2 of the 
Federal Lands FIRES Act of 2018; or’’; and 
(4) in subparagraph (E), as so redesignated, by 
striking ‘‘subparagraph (A), (B), or (C)’’ and insert-
ing ‘‘subparagraph (A), (B), (C), or (D)’’. 
Æ 
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