US Congress House Bill 1404 (Prior Session Legislation)

---

Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: Engrossed on March 26 2009 - 50% progression, died in chamber
Action: 2009-07-21 - Committee on Energy and Natural Resources. Hearings held.
Text: Latest bill text (Introduced) [PDF]

Federal Land Assistance, Management and Enhancement Act or FLAME Act - (Sec. 2) Establishes in the Treasury the Federal Land Assistance, Management, and Enhancement Fund (Flame Fund). Requires amounts in the Flame Fund to be made available to the Secretaries of the Interior and of Agriculture (the Secretaries) to pay the costs of catastrophic emergency wildland fire suppression activities that are separate from amounts annually appropriated for the predicted annual workload for such activities. Requires that such authorized suppression activities include containment activities in response to crisis insect infestations to reduce the likelihood of wildfires. Authorizes appropriations for the Flame Fund. Expresses the intent of Congress with respect to the expenditure of amounts appropriated to the Flame Fund. Instructs the Secretaries to notify specified congressional committees (the committees) whenever only an estimated two months worth of funding remains in the Flame Fund. Requires the transfer of unobligated wildland fire suppression funds into the Flame Fund. Makes amounts in the Flame Fund available to the Secretaries only after such Secretaries issue a declaration that a wildland fire suppression activity is eligible for funding from the Fund. Sets forth the criteria upon which such a declaration shall be based, including criteria concerning the fire's severity and the threat posed by it. Requires the Secretaries, for the purposes of applying the severity and threat criteria in individual wildland fire incidents, to take into account areas where insect infestation has created an extreme risk for wildfire. Continues funding for anticipated and predicted wildland fire suppression activities within appropriate agency budgets. Requires the additional funding made available through the Flame Fund to be used only for purposes and in instances consistent with this section. Requires obligating all amounts in the Flame Fund and all funds appropriated for wildland fire suppression on federal land before the transfer of funds from non-fire accounts for wildland fire suppression. Directs the Secretaries to establish an accounting and reporting system for the Flame Fund compatible with existing National Fire Plan reporting procedures. Requires the Secretaries to report annually to the committees on the use of the funds from the Flame Fund, together with recommendations to improve administrative control and oversight of the Fund. Requires such report to be made available to the public. Requires the Secretaries to submit to the committees estimates of anticipated wildfire suppression costs in order to improve budgeting and funding. Subjects the methodology for the development of the estimates to peer review to ensure that they were developed using the best available climate, weather, and other relevant data and models and other analytic tools. (Sec. 3) Requires the Secretaries to submit a report to Congress that contains a cohesive wildland fire management strategy, consistent with the recommendations of recent Comptroller General reports. Sets forth the elements of the strategy. Includes: (1) a system for ensuring that the highest priority fuels reduction projects are being funded first; (2) a system to assess the impacts of climate change on the frequency and severity of wildland fire; (3) a system to study the effects of invasive species on wildland fire risk; and (4) a plan, developed in coordination with the National Guard Bureau, to maximize the use of National Guard resources to fight wildfires. Directs the Secretaries to submit to Congress, at least once during every five-year period initially beginning on the date of submission of the strategy, a revised strategy taking into consideration changes affecting the elements of the strategy, in particular changes respecting landscape, vegetation, climate, and weather. Ensures that owners of adjacent private land are notified before any prescribed fire is used on National Forest System land. (Sec. 4) Directs the Secretaries to conduct a review, using independent panels, of each wild fire incident for which expenses exceeding $10 million were incurred and to submit a report containing the results of each review conducted. Requires the review of an incident to include separate assessments of: (1) what actions, if any, could have been taken in advance of the fire that may have prevented it or at least reduced its severity; and (2) the quantity of greenhouse gases produced as a result of the fire. (Sec. 5) Directs the Secretaries to develop regional maps of communities most at risk of wildfire and in need of hazardous fuel treatment and maintenance. Requires such maps to identify priority areas for hazardous fuels reduction projects, including: (1) at-risk communities in fire-prone areas of the wildland-urban interface; (2) watersheds and municipal drinking water sources; (3) emergency evacuation corridors; (4) electricity transmission corridors; and (5) low-capacity or low-income communities. Authorizes the Secretaries to provide cost-share grants to fire-ready communities which may be used for: (1) education programs to raise awareness of homeowners and citizens about wildland fire protection practices, including FireWise or other similar programs; (2) training programs for local firefighters on wildland firefighting techniques and approaches; (3) equipment acquisition to facilitate wildland fire preparedness; (4) implementation of a community wildfire protection plan; and (5) implementation of fire-safety programs focused on the eradication or control of invasive species. Instructs the Secretaries, in developing any wildland fire cost-share agreement with a state forester or equivalent official, to encourage the state and local communities involved to become fire-ready communities. Authorizes appropriations to carry out this section.

Federal Land Assistance, Management and Enhancement Act

Rep. Brian Baird [D-WA]	Rep. Earl Blumenauer [D-OR]	Rep. Madeleine Bordallo [D-GU]	Rep. Mike Coffman [R-CO]
Rep. Peter DeFazio [D-OR]	Rep. Norman Dicks [D-WA]	Rep. Raul Grijalva [D-AZ]	Sen. Martin Heinrich [D-NM]
Rep. Stephanie Herseth Sandlin [D-SD]	Rep. Jay Inslee [D-WA]	Rep. Collin Peterson [D-MN]	Rep. Nick Rahall [D-WV]
Rep. Michael Simpson [R-ID]	Rep. Harry Teague [D-NM]	Rep. Mike Thompson [D-CA]	Rep. Greg Walden [R-OR]

Date	Chamber	Action
2009-07-21		Committee on Energy and Natural Resources. Hearings held.
2009-03-26		Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
2009-03-26		The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1404.
2009-03-26		Motion to reconsider laid on the table Agreed to without objection.
2009-03-26		On passage Passed by recorded vote: 412 - 3 (Roll no. 162).
2009-03-26		The House adopted the remaining amendments en gross as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H4031-4032)
2009-03-26		The previous question was ordered pursuant to the rule. (consideration: CR H4044)
2009-03-26		The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1404.
2009-03-26		H.AMDT.61 On agreeing to the Goodlatte amendment (A012) Failed by recorded vote: 148 - 272 (Roll no. 161).
2009-03-26		H.AMDT.60 On agreeing to the Kirkpatrick (AZ) amendment (A011) Agreed to by recorded vote: 418 - 2 (Roll no. 160).
2009-03-26		H.AMDT.57 On agreeing to the Minnick amendment (A008) Agreed to by recorded vote: 422 - 0 (Roll no. 159).
2009-03-26		H.AMDT.53 On agreeing to the Hastings (WA) amendment (A004) Agreed to by recorded vote: 420 - 0 (Roll no. 158).
2009-03-26		H.AMDT.51 On agreeing to the Perlmutter amendment (A002) Agreed to by recorded vote: 420 - 0 (Roll no. 157).
2009-03-26		UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
2009-03-26		POSTPONED PROCEEDINGS - At the conclusion of debate on the Goodlatte amendment the Chair put the question of adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Goodlatte demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment.
2009-03-26		H.AMDT.61 Amendment (A012) offered by Mr. Goodlatte. (consideration: CR H4038-4040, H4043; text: CR H4038-4039)Amendment sought to permanently allow the Forest Service to have authority to contract with States (good neighbor authority) to reduce wildfire risks across boundary lines.
2009-03-26		POSTPONED PROCEEDINGS - At the conclusion of debate on the Kirkpatrick (AZ) amendment, the Chair put the question of adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kirkpatrick (AZ) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Kirkpatrick amendment.
2009-03-26		H.AMDT.60 Amendment (A011) offered by Mrs. Kirkpatrick (AZ). (consideration: CR H4038, H4042-4043; text: CR H4038)Amendment expands the definition of "fire-ready-community" in the bill to say that a community satisfies the definition if it is located within a priority area identified by fire risk maps and can meet two of the other four criteria listed in the bill for "fire-ready-communities".
2009-03-26		H.AMDT.59 On agreeing to the Rahall amendment (A010) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Rahall amendment.
2009-03-26		H.AMDT.59 Amendment (A010) offered by Mr. Rahall. (consideration: CR H4037-4038; text: CR H4037)Amendment allows the National Guard to participate in fighting wildfires.
2009-03-26		H.AMDT.58 On agreeing to the Lujan amendment (A009) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment.
2009-03-26		H.AMDT.58 Amendment (A009) offered by Mr. Lujan. (consideration: CR H4036-4037; text: CR H4036)Amendment provides for implementation of fire-safety programs which focus on eradication or control of invasive species.
2009-03-26		POSTPONED PROCEEDINGS - At the conclusion of debate on the Minnick amendment, the Chair put the question of adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Minnick demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Minnick amendment.
2009-03-26		H.AMDT.57 Amendment (A008) offered by Mr. Minnick. (consideration: CR H4036, H4041-4042; text: CR H4036)Amendment directs the allocation of funding in the bill to account for forest areas nation-wide that have been greatly damaged by infestation of invasive insects and which have high potential to burn quickly.
2009-03-26		H.AMDT.56 On agreeing to the Heinrich amendment (A007) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment.
2009-03-26		H.AMDT.56 Amendment (A007) offered by Mr. Heinrich. (consideration: CR H4035-4036; text: CR H4035)Amendment requires the cohesive wildland fire management strategy in the bill to include among its elements a system to assess the impacts of climate change on the frequency and severity of wildland fires.
2009-03-26		H.AMDT.55 On agreeing to the Hastings (WA) amendment (A006) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings of Washington amendment.
2009-03-26		H.AMDT.55 Amendment (A006) offered by Mr. Hastings (WA). (consideration: CR H4035; text: CR H4035)Amendment numbered 6 printed in House Report 111-52 to require the review of certain wildfires specified in the bill to include an assessment of the quantity of greenhouse gases produced as a result of the fire.
2009-03-26		H.AMDT.54 On agreeing to the Hastings (WA) amendment (A005) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H. Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (WA) amendment.
2009-03-26		H.AMDT.54 Amendment (A005) offered by Mr. Hastings (WA). (consideration: CR H4034-4035; text: CR H4035)Amendment numbered 5 printed in House Report 111-52 to require the review of certain wildfires specified in the bill to include an assessment of what actions, if any, could have been taken in advance of the fire that may have prevented the fire or at least reduced the severity of the fire.
2009-03-26		POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (WA) amendment, the Chair put the question of adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Hastings (WA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-03-26		DEBATE - Pursuant to the provisions of H. Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (WA) amendment.
2009-03-26		H.AMDT.53 Amendment (A004) offered by Mr. Hastings (WA). (consideration: CR H4034, H4041; text: CR H4034)Amendment requires that land owners adjacent to National Forest system lands receive advance notice in writing whenever the Forest Service sets a prescribed burn.
2009-03-26		H.AMDT.52 On agreeing to the Polis (CO) amendment (A003) Agreed to by voice vote.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Polis of Colorado amendment.
2009-03-26		H.AMDT.52 Amendment (A003) offered by Mr. Polis (CO). (consideration: CR H4033-4034; text: CR H4033-4034)Amendment requires revisions of the cohesive wildland fire management strategy at least once every five years.
2009-03-26		POSTPONED PROCEEDINGS - At the conclusion of debate on the Perlmutter amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Hastings (WA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2009-03-26		DEBATE - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Perlmutter of Colorado amendment.
2009-03-26		H.AMDT.51 Amendment (A002) offered by Mr. Perlmutter. (consideration: CR H4033, H4040-4041; text: CR H4033)Amendment clarifies that the FLAME fund can be used for containment activities to prevent a burning fire from reaching dangerously infested areas which can increase the risk of intensification and spread of the wildfire.
2009-03-26		H.AMDT.50 On agreeing to the Rahall amendment (A001) Agreed to by voice vote.
2009-03-26		DEBAT - Pursuant to the provisions of H.Res. 281, the Committee of the Whole proceeded with 10 minutes of debate on the Rahall of West Virginia amendment.
2009-03-26		H.AMDT.50 Amendment (A001) offered by Mr. Rahall. (consideration: CR H4032-4033; text: CR H4033)Amendment strikes the sense of Congress provision in the bill with respect to the budgetary treatment of the FLAME fund.
2009-03-26		The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2009-03-26		Considered as unfinished business. (consideration: CR H4031-4044)
2009-03-25		Committee of the Whole House on the state of the Union rises leaving H.R. 1404 as unfinished business.
2009-03-25		On motion that the committee rises Agreed to by voice vote.
2009-03-25		Mr. Rahall moved that the Committee rise.
2009-03-25		GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1404.
2009-03-25		The Speaker designated the Honorable Ben Ray Lujan to act as Chairman of the Committee.
2009-03-25		House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 281 and Rule XVIII.
2009-03-25		Rule provides for consideration of H.R. 1404 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the bill shall be considered as read. The rule waives all points of order against provisions in the bill. This waiver does not affect the point of order available under clause 9 of rule XXI.
2009-03-25		Considered under the provisions of rule H. Res. 281. (consideration: CR H3992-3995)
2009-03-25		Rule H. Res. 281 passed House.
2009-03-24		Rules Committee Resolution H. Res. 281 Reported to House. Rule provides for consideration of H.R. 1404 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule provides that the bill shall be considered as read. The rule waives all points of order against provisions in the bill. This waiver does not affect the point of order available under clause 9 of rule XXI.
2009-03-13		Referred to the Subcommittee on National Parks, Forests and Public Lands.
2009-03-10		Referred to House Budget
2009-03-10		Referred to House Agriculture
2009-03-10		Referred to House Natural Resources
2009-03-10		Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and the Budget, 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.
2009-03-10		Sponsor introductory remarks on measure. (CR E601-602)

HR281 (Related) 2009-03-25 - Motion to reconsider laid on the table Agreed to without objection.
SB561 (Same As) 2009-07-21 - Committee on Energy and Natural Resources. Hearings held.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/1404/all-info
Text	https://www.congress.gov/111/bills/hr1404/BILLS-111hr1404ih.pdf
Text	https://www.congress.gov/111/bills/hr1404/BILLS-111hr1404eh.pdf