Wildland-Urban Interface Federal Risk Mitigation

[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]

[Presidential Documents]

[Pages 32223-32225]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2016-12155]

[[Page 32221]]

Vol. 81

Friday,

No. 98

May 20, 2016

Part V

The President

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Executive Order 13728--Wildland-Urban Interface Federal Risk Mitigation

Presidential Documents

Federal Register / Vol. 81 , No. 98 / Friday, May 20, 2016 /

Presidential Documents

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Title 3--

The President

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Executive Order 13728 of May 18, 2016

Wildland-Urban Interface Federal Risk Mitigation

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and to improve the Nation's resilience to

wildfire, I hereby direct the following:

Section 1. Policy. It is the policy of the United

States to strengthen the security and resilience of the

Nation against the impacts of wildfire. The annual

estimates on structure loss due to wildfire have

increased dramatically over the past six decades as a

result of multi-year drought conditions in combination

with accumulated fuel loads, growing populations

residing in the wildland-urban interface, and

associated increases in the exposure of built

environments. As such, we must continue to ensure our

Nation is resilient to wildfire in order to promote

public safety, economic strength, and national

security.

accumulated fuel loads, growing populations

residing in the wildland-urban interface, and

associated increases in the exposure of built

environments. As such, we must continue to ensure our

Nation is resilient to wildfire in order to promote

public safety, economic strength, and national

security.

The Federal Government must continue to take proactive

steps to enhance the resilience of buildings that are

owned by the Federal Government and are located on

Federal land. Each executive department and agency

(agency) responsible for implementing this order shall

seek to enhance the resilience of its buildings when

making investment decisions to ensure continued

performance of essential functions and to reduce risks

to its buildings' occupants in the event of a wildfire.

Sec. 2. Codes and Concurrent Requirements. (a)

Commencing within 90 days of the completion of the

implementing guidelines as described in section 3(b)(i)

of this order, each agency shall ensure that every new

Federal building above 5,000 gross square feet on

Federal land within the wildland-urban interface at

moderate or greater wildfire risk for which the agency

has not completed design is in compliance with the 2015

edition of the International Wildland-Urban Interface

Code (IWUIC) promulgated by the International Code

Council (ICC), or an equivalent code, consistent with

the provisions of and to the extent required by 40

U.S.C. 3312

for which the agency

has not completed design is in compliance with the 2015

edition of the International Wildland-Urban Interface

Code (IWUIC) promulgated by the International Code

Council (ICC), or an equivalent code, consistent with

the provisions of and to the extent required by 40

U.S.C. 3312. When the ICC releases a new version of the

IWUIC, a determination shall be made whether the new

version is a nationally recognized code for the

purposes of 40 U.S.C. 3312(b), as expeditiously as

practicable, but not later than 2 years after the

release of the new version. If a determination is made

that a new version is a nationally recognized code,

agencies shall ensure that any Federal building covered

by this section for which the agency has not completed

design is in compliance with that new version, or an

equivalent code, consistent with the provisions of and

to the extent required by 40 U.S.C. 3312.

(b) Commencing within 90 days of the completion of

the implementing guidelines as described in section

3(b)(i) of this order, each agency responsible for the

alteration of an existing Federal building above 5,000

gross square feet on Federal land within the wildland-

urban interface at moderate or greater wildfire risk

for which the agency has not completed design shall

ensure that the alteration is effectuated in compliance

with the IWUIC, or an equivalent code, consistent with

the provisions of and to the extent required by 40

U.S.C. 3312

within the wildland-

urban interface at moderate or greater wildfire risk

for which the agency has not completed design shall

ensure that the alteration is effectuated in compliance

with the IWUIC, or an equivalent code, consistent with

the provisions of and to the extent required by 40

U.S.C. 3312. When the ICC releases a new version of the

IWUIC, a determination shall be made whether the new

version is a nationally recognized code for the

purposes of 40 U.S.C. 3312(b), as expeditiously as

practicable, but not later than 2 years after the

release of the new version. If a determination is made

that a new version is a nationally recognized code,

agencies shall ensure that any Federal building covered

by this section

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for which the agency has not completed design is in

compliance with that new version, or an equivalent

code, consistent with the provisions of and to the

extent required by 40 U.S.C. 3312.

(c) Each agency that owns an existing Federal

building above 5,000 gross square feet on Federal land

within the wildland-urban interface at moderate or

greater wildfire risk is strongly encouraged to ensure

that such existing buildings are in compliance with the

IWUIC, or an equivalent code.

2.

(c) Each agency that owns an existing Federal

building above 5,000 gross square feet on Federal land

within the wildland-urban interface at moderate or

greater wildfire risk is strongly encouraged to ensure

that such existing buildings are in compliance with the

IWUIC, or an equivalent code.

(d) The heads of agencies whose activities are

covered by sections 2(a) and 2(b) of this order shall

complete a wildfire risk assessment of their existing

Federal buildings above 5,000 gross square feet within

the wildland-urban interface and are strongly

encouraged to consider creating and maintaining a

defensible space in compliance with the IWUIC, or an

equivalent code, for each of those buildings they

determine to be at highest risk.

(e) Each agency that leases space in a building to

be constructed for the predominant use of an agency

above 5,000 rentable square feet in the wildland-urban

interface in an area of greater than moderate wildfire

risk is strongly encouraged to ensure that the building

is designed and constructed in accord with the IWUIC,

or an equivalent code.

to

be constructed for the predominant use of an agency

above 5,000 rentable square feet in the wildland-urban

interface in an area of greater than moderate wildfire

risk is strongly encouraged to ensure that the building

is designed and constructed in accord with the IWUIC,

or an equivalent code.

(f) Each agency assisting in the financing, through

Federal grants or loans, or guaranteeing the financing,

through loan or mortgage insurance premiums, of a newly

constructed building or of an alteration of an existing

building above 5,000 gross square feet within the

wildland-urban interface at moderate or greater

wildfire risk shall consider updating its procedures

for providing the assistance to be consistent with

sections 2(a) and 2(b) of this order, to ensure

appropriate consideration of wildfire-resistant design

and construction.

(g) To the extent permitted by law, the heads of

all agencies may:

(i) require higher performance levels than exist in the codes described in

section 2(a) of this order;

(ii) apply the requirements within section 2(a) of this order to new

buildings less than 5,000 gross square feet on Federal land within the

wildland-urban interface at moderate or greater wildfire risk; and

(iii) apply the requirements within section 2(b) of this order to existing

buildings less than 5,000 gross square feet on Federal land within the

wildland-urban interface at moderate or greater wildfire risk.

rements within section 2(a) of this order to new

buildings less than 5,000 gross square feet on Federal land within the

wildland-urban interface at moderate or greater wildfire risk; and

(iii) apply the requirements within section 2(b) of this order to existing

buildings less than 5,000 gross square feet on Federal land within the

wildland-urban interface at moderate or greater wildfire risk.

(h) When calculating whether a building is at

moderate or greater wildfire risk, agencies should act

in accordance with the methods described in the 2015

edition of the IWUIC, or any subsequent version that is

determined to be a nationally recognized code for the

purposes of 40 U.S.C. 3312(b), or an equivalent code,

or in accordance with an equivalent method.

(i) Each building constructed or altered in

accordance with section 2(a) or (b) of this order shall

comply with the IWUIC, or an equivalent code, only to

the maximum extent feasible as determined by the head

of an agency.

Sec. 3. Agency Responsibilities. (a) The heads of all

agencies that own Federal buildings above 5,000 gross

square feet on Federal land within the wildland-urban

interface at moderate or greater wildfire risk shall

determine the appropriate process within their

respective agencies to ensure compliance with this

order.

(b) The Mitigation Framework Leadership Group

(MitFLG) shall:

(i) create implementing guidelines to advise and assist agency compliance

with the code requirements within 240 days of the date of this order;

(ii) provide assistance to the agencies in interpreting the implementing

guidelines.

ive agencies to ensure compliance with this

order.

(b) The Mitigation Framework Leadership Group

(MitFLG) shall:

(i) create implementing guidelines to advise and assist agency compliance

with the code requirements within 240 days of the date of this order;

(ii) provide assistance to the agencies in interpreting the implementing

guidelines.

(c) When determining whether buildings are located

within the wildland-urban interface, agencies shall use

the U.S. Department of Agriculture Forest Service's,

``The 2010 Wildland-Urban Interface of the Conterminous

United

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States,'' or an equivalent tool. The Secretary of

Agriculture shall provide assistance to the agencies in

determining whether buildings are located within the

wildland-urban interface.

(d) The heads of agencies whose activities are

covered by sections 2(a) and 2(b) of this order shall

submit a report once every 2 years to the Chair of the

MitFLG on their progress in implementing the order,

commencing 2 years from the date of this order.

Sec. 4. Definition. As used in this order, ``building''

means a constructed asset that is enclosed with walls

and a roof that provides space for agencies to perform

activities or store materials as well as provides

spaces for people to live or work.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

means a constructed asset that is enclosed with walls

and a roof that provides space for agencies to perform

activities or store materials as well as provides

spaces for people to live or work.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the

head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law, including the National Historic

Preservation Act of 1966, and subject to the

availability of appropriations.

(c) This order applies only to buildings within the

United States and its territories and possessions.

(d) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

May 18, 2016.

[FR Doc. 2016-12155

Filed 5-19-16; 11:15 am]

Billing code 3295-F6-P