H. Res. 281: H.R. 1404, the Federal Land Assistance, Management and Enhancement (FLAME) Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday, March 24, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 248 - 175 on Wednesday, March 25, 2009.

MANAGERS: Polis/Diaz-Balart

111th Congress 
1st Session

H.RES 281

[Report No. 111-52]

 

H.R. 1404, the Federal Land Assistance, Management and Enhancement (FLAME) Act

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Natural Resources.
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.
  4. Provides that the bill shall be considered as read.
  5. 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 (regarding earmark disclosure).
  6. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.
  9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1404) to authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on Department of the Interior and National Forest System lands, to require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Rahall (WV)

#2

Would strike from the bill the Sense of Congress language on the designation of Flame Fund appropriations as emergency spending.

(10 minutes)

2. Perlmutter (CO)

#21

Would clarify that authorized suppression activities for the Flame Fund include containment activities in response to crisis insect infestations to reduce the likelihood of wildfires.

(10 minutes)

3. Polis (CO)

#5

Would require revisions of the cohesive wildland fire management strategy at least once every five years.

(10 minutes)

4. Hastings , Doc (WA)

#15

Would require advance notice, in writing, to adjacent landowners whenever the Department of Agriculture sets a prescribed fire on National Forest System land.

(10 minutes)

5. Hastings , Doc (WA)

#18

Would 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.

(10 minutes)

6. Hastings , Doc (WA)

#19

Would 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.

(10 minutes)

 

7. Heinrich (NM)

#4

 

Would require the cohesive wildland fire management strategy required in the bill to include among its elements a system to assess the impacts of climate change on the frequency and severity of wildland fire.

(10 minutes)   

8. Minnick (ID)

#20

Would require that the Secretaries, in considering severity of and threat posed by a fire for the purposes of determining whether to declare that a wildland fire suppression activity is eligible for funding from the Flame Fund, take into account areas where insect infestation has created an extreme risk for wildfire.

(10 minutes)

9. Luján (NM)/Markey, Betsy (CO)/Connolly (VA)

#7

Would require the cohesive wildland fire management strategy required in the bill to include among its elements a system to study the effects of invasive species on wildland fire risk.  Would add to the list of eligible uses for cost-share grants provided for in the bill implementation of fire-safety programs focused on the eradication or control of invasive species.

(10 minutes)

10. Matheson (UT)

#10

Would require the cohesive wildland fire management strategy required in the bill to include among its elements a plan, developed in coordination with the National Guard Bureau, to maximize the use of National Guard resources to fight wildfires.

(10 minutes)

11. Roskam (IL)

#1

 

Would prohibit obligation of funds in the Flame Fund until 30 days after the submission by the Secretaries of the Interior and Agriculture of an initial estimate of anticipated wildfire suppression costs for the current and following fiscal year.

(10 minutes)

12. Kirkpatrick (AZ)

#8

 

Would amend the definition of "fire-ready community" in the bill to provide that a community satisfies the definition if it is located within a priority area identified by the fire risk maps required by the bill, and meets two of the other four criteria listed in the bill for "fire-ready communities."

(10 minutes)

13. Goodlatte (VA)

#14

Would authorize the Secretary of Agriculture to enter into contracts or cooperative agreements with a State Forester to prepare and implement "good neighbor" projects on National Forest System land to complement any similar project being performed on bordering or adjacent non-Federal land.  Would provide that the decision to proceed with a good neighbor project is in the Secretary's sole discretion.  Defines good neighbor projects to include certain fuels reduction projects.

(10 minutes)