[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3908 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3908
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2010
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burn Area Flood Prevention Act of
2010''.
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 ``Administrator'' 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;
(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 defined in
section 11(a) of the Forest and Rangeland 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 SUPPRESSION RESERVE FUND
AUTHORITY.
Section 502(c) of the Federal Land Assistance, Management, and
Enhancement Act of 2009 (43 U.S.C. 1748a(c)) is amended by inserting
``and burn area responses, including flood prevention,'' after
``events''.
SEC. 5. INSURANCE COVERAGE FOR PRIVATE PROPERTIES AFFECTED BY FLOODING
FROM FEDERAL LANDS.
Section 1306(c)(2)(B) of the National Flood Insurance Act of 1968
(42 U.S.C. 4013(c)(2)(B)) 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, destroyed 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, 3010;
(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 designated 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, Timberline, 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 National Flood Insurance
Program at the time of the loss because of the statutorily
mandated 30-day waiting period before flood insurance coverage
takes effect; and
(9) because the Schultz Fire occurred on Forest Service
land and has affected private property, public safety, and
human life, the Federal Government is obligated to provide an
appropriate level of disaster assistance, including Federal
flood insurance to homeowners.
(b) Schultz Fire Flooding Area Task Force.--
(1) Establishment.--There is established the Schultz Fire
Flooding Area Task Force.
(2) Membership.--The Task Force shall consist of members
who have expertise in Federal disaster management and
assistance, flood prevention and mitigation, forestry, wildfire
management and recovery, civil engineering, soil conservation,
or watershed protection, including representatives from--
(A) the Federal Emergency Management Agency;
(B) the Corps of Engineers;
(C) the Forest Service;
(D) the Natural Resources Conservation Service;
(E) the United States Geological Survey;
(F) State and local governments;
(G) community-based organizations and other
interested parties; and
(H) any other entity the Administrator determines
to be appropriate.
(3) Chair.--The Administrator shall be the Chair of the
Task Force.
(4) Duties.--For the affected area, the Task Force shall--
(A) coordinate the efforts of the entities
represented on the Task Force to implement interim and
long-term flood protection systems; and
(B) identify existing and potential--
(i) funding;
(ii) technical assistance;
(iii) general investigations; and
(iv) construction of flood protection
projects.
(5) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing the
findings and work of the Task Force.
(6) Application of the federal advisory committee act.--The
Task Force shall not be considered an advisory committee under
the Federal Advisory Committee Act (5 U.S.C. App.).
(c) Flood Protection System Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in coordination with
the Secretary and the Secretary of Agriculture, shall carry out
a detailed study of the affected area to evaluate the potential
of integrating projects and programs of the Corps of Engineers,
the Federal Emergency Management Agency, and the Department of
Agriculture into a comprehensive, long-term flood protection
system for the affected area.
(2) Inclusions.--The study under paragraph (1) shall
include--
(A) an evaluation of existing hazardous flood
conditions in the affected area;
(B) identification of additional risks associated
with flood events in the affected area that would be
equal to or greater than the July 20, 2010, flood
event; and
(C) a sediment and geotechnical analysis that
describes soil conditions and the risk level for
landslides.
(d) Disclosure of Equal Access to Justice Act Payments.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the amount of fees and other expenses
awarded pursuant to section 2412 of title 28, United States
Code, and section 504 of title 5, United States Code, in
connection with the Jack Smith/Schultz Fuels Reduction Healthy
Forest Restoration Project.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) the name of the party seeking the award of fees
and other expenses;
(B) the name of the administrative law judge in the
case;
(C) the disposition of the application, including
any appeal of action taken on the application; and
(D) the hourly rates of attorneys and expert
witnesses awarded, as stated in the application.
(3) Agency cooperation.--The Secretary of Agriculture shall
provide the Attorney General with such information as is
necessary for the Attorney General to carry out this section.
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