FIRE SMART Act of 2026

Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall—

(1) revise section 35.3505 of title 40, Code of Federal Regulations, to ensure that—

(A) the term community at high risk from fire or wildfire is defined to mean a community located in an area with a high risk for fire or wildfire, in the built or natural environment, as evidenced by a State wildfire map or a geospatial map generated pursuant to section 210(a) of the Wildfire Suppression Funding and Forest Management Activities Act (16 U.S.C. 6501 note; division O of Public Law 115–141);

(B) the terms rural and rural area have the meaning given those terms in subparagraph (A) of section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13)), subject to subparagraphs (H) and (I) of that section; and

(C) the term water infrastructure for fire suppression means improvements to a public water system for purposes that will facilitate compliance with section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g–1) or otherwise further the public health protection objectives of that Act (42 U.S.C. 300f et seq.) and that aid in fire suppression for the protection of public health, safety, and property from wildfire;

(2) revise section 35.3520 of that title—

(A) in subsection (b)(2)—

(i) in clause (ii) (relating to transmission and distribution), to insert and enhancement of water system delivery and distribution capacity in a rural area to aid in fire suppression in communities at high risk from fire or wildfire before the period at the end;

(ii) in clause (iv) (relating to storage), to insert and enhancement of water infrastructure for fire suppression in a rural area in communities at high risk from fire or wildfire before the period at the end; and

(iii) in clause (v) (relating to consolidation), to insert or where necessary for enhancing water infrastructure for fire suppression in a rural area in communities at high risk from fire or wildfire before the period at the end; and

(B) in subsection (e)(4), to insert, except for projects specifically identified in paragraphs (b)(2)(ii), (b)(2)(iv), and (b)(2)(v) of this section that have both drinking water benefits and fire suppression benefits, for which priority shall be given to projects in communities that have adopted a community wildfire protection plan (as defined in section 101(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(a))) or have taken proactive measures to encourage property owners to reduce fire risk on private property before the period at the end;

(3) revise section 35.3555(c)(1) of that title to add at the end the following: In addition, the priority system may include projects that improve both infrastructure for drinking water and water infrastructure for fire suppression in rural areas in communities at high risk from fire or wildfire.; and

(4) make such purely technical and conforming revisions to the regulations of the Administrator as are necessary to implement the revisions described in paragraphs (1) through (3).

Notwithstanding the period for revision required under subsection (a), beginning on the date of enactment of this Act, the Administrator shall implement sections 35.3505, 35.3520, and 35.3555 of title 40, Code of Federal Regulations, in accordance with the revisions required under that subsection.