,,ii #aacth ,,congress #b;d ,session ,s4 #beic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjad ,mr4 ,mc,cain 7for himself1 ,mr4 ,barrasso1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,,flame ,act of #bjji to provide for additional wildfire suppression activities1 to provide for the conduct of certain forest treatment projects1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,flame ,act ,amendments ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,,flame ,act amendments ,sec4 #aja4 ,findings4 ,sec4 #ajb4 ,,flame ,act amendments4 ,sec4 #ajc4 ,wildfire disaster funding authority4 ,,title ,,ii--,forest treatment projects ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,projects in ,forest ,management ,emphasis ,areas4 ,sec4 #bjc4 ,administrative review2 arbitration4 ,sec4 #bjd4 ,distribution of revenue4 ,sec4 #bje4 ,performance measures2 reporting4 ,sec4 #bjf4 ,termination4 ,,title ,,iii--,forest stewardship contracting ,sec4 #cja4 ,cancellation ceilings4 ,i ,,flame ,act amendments #aja4 ,findings ,congress finds that-- 7#a7 over the past #b decades1 wildfires have increased dramatically in size and costs2 7#b7 existing budget mechanisms for estimating the costs of wildfire suppression are not keeping pace with the actual costs for wildfire suppression due in part to improper budget estimation methodology2 7#c7 the ,,flame ,funds have not been adequate in supplementing wildland fire management funds in cases in which wildland fire management accounts are exhausted2 and 7#d7 the practice of transferring funds from other agency funds 7including the hazardous fuels treatment accounts7 by the ,secretary of ,agriculture or the ,secretary of the ,interior to pay for wildfire suppression activities1 commonly known as fire-borrowing1 does not support the missions of the ,forest ,service and the ,department of the ,interior with respect to protecting human life and property from the threat of wildfires4 #ajb4 ,,flame ,act amendments 7a7 ,funding ,section #ejb7;d7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking shall consist of and all that follows through appropriated to in subparagraph 7,a7 and inserting shall consist of such amounts as are appropriated to2 and 7,b7 by striking subparagraph 7,b72 and 7#b7 by striking paragraphs 7#d7 and 7#e74 7b7 ,use of flame fund ,section #ejb7;e7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7e77 is amended by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,amounts appropriated to a ,,flame ,fund1 in accordance with section #bea7;b77#b77;,e7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijb7;b77#b77;,e771 shall be available to the ,secretary concerned for wildfire suppression operations if the ,secretary concerned issues a declaration and notifies the relevant congressional committees that a wildfire suppression event is eligible for funding from the ,,flame ,fund4 7#b7 ,declaration criteria ,a declaration by the ,secretary concerned under paragraph 7#a7 may be issued only if-- 7,a7 an individual wildfire incident meets the objective indicators of an extraordinary wildfire situation1 including-- 7i7 a wildfire that the ,secretary concerned determines has required an emergency ,federal response based on the significant complexity1 severity1 or threat posed by the fire to human life1 property1 or a resource2 7ii7 a wildfire that covers #a1jjj or more acres2 or 7iii7 a wildfire that is within #aj miles of an urbanized area 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 or 7,b7 the cumulative costs of wildfire suppression and ,federal emergency response activities1 as determined by the ,secretary concerned1 would exceed1 within #cj days1 all of the amounts otherwise previously appropriated 7including amounts appropriated under an emergency designation1 but excluding amounts appropriated to the ,,flame ,fund7 to the ,secretary concerned for wildfire suppression and ,federal emergency response4 4 7c7 ,treatment of anticipated and predicted activities ,section #ejb7;f7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7f77 is amended by striking 7e77#b77;,b77i7 and inserting 7e77#b77;,a74 7d7 ,prohibition on other transfers ,section #ejb of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,prohibition on other transfers ,the ,secretary concerned shall not transfer funds provided for activities other than wildfire suppression operations to pay for any wildfire suppression operations4 4 7e7 ,accounting and reports ,section #ejb7;h7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7h77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,estimates of ,wildfire ,suppression ,operations ,costs to ,improve ,budgeting and ,funding 7,a7 ,budget submission ,consistent with section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,president shall include in each budget for the ,department of ,agriculture and the ,department of the ,interior information on estimates of appropriations for wildfire suppression costs based on an out-year forecast that uses a statistically valid regression model4 7,b7 ,requirements ,the estimate of anticipated wildfire suppression costs under subparagraph 7,a7 shall be developed using the best available-- 7i7 climate1 weather1 and other relevant data2 and 7ii7 models and other analytic tools4 7,c7 ,independent review ,the methodology for developing the estimates of wildfire suppression costs under subparagraph 7,a7 shall be subject to periodic independent review to ensure compliance with subparagraph 7,b74 7,d7 ,submission to congress 7i7 ,in general ,consistent with the schedule described in clause 7ii7 and in accordance with subparagraphs 7,b7 and 7,c71 the ,secretary concerned shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives an updated estimate of wildfire suppression costs for the applicable fiscal year4 7ii7 ,schedule ,the ,secretary concerned shall submit the updated estimates under clause 7i7 during-- 7,i7 ,march of each year2 7,,ii7 ,may of each year2 7,,iii7 ,july of each year2 and 7,,iv7 if a bill making appropriations for the ,department of the ,interior and the ,forest ,service for the following fiscal year has not been enacted by ,september #a1 ,september of each year4 7#c7 ,reports ,annually1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall jointly submit to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,natural ,resources of the ,house of ,representatives1 and the ,committees on ,appropriations of the ,senate and the ,house of ,representatives a report that-- 7,a7 provides a summary of the amount of appropriations made available during the previous fiscal year1 which specifies the source of the amounts and the commitments and obligations made under this section2 7,b7 describes the amounts obligated to individual wildfire events that meet the criteria specified in subsection 7e77#b72 and 7,c7 includes any recommendations that the ,secretary of ,agriculture or the ,secretary of the ,interior may have to improve the administrative control and oversight of the ,,flame ,fund4 4 #ajc4 ,wildfire disaster funding authority 7a7 ,in general ,section #bea7;b77#b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77 is amended by adding at the end the following3 7,e7 ,flame wildfire suppression 7i7 7,i7 ,the adjustments for a fiscal year shall be in accordance with clause 7ii7 if-- 7aa7 a bill or joint resolution making appropriations for a fiscal year is enacted that-- 7,,aa7 specifies an amount for wildfire suppression operations in the ,wildland ,fire ,management accounts at the ,department of ,agriculture or the ,department of the ,interior2 and 7,,bb7 specifies a total amount to be used for the purposes described in subclause 7,,ii7 in the ,wildland ,fire ,management accounts at the ,department of ,agriculture or the ,department of the ,interior that is not less than #ej percent of the amount described in subitem 7,,aa72 and 7bb7 as of the day before the date of enactment of the bill or joint resolution all amounts in the ,,flame ,fund established under section #ejb of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7 have been expended4 7,,ii7 ,the purposes described in this subclause are-- 7aa7 hazardous fuels reduction projects and other activities of the ,secretary of the ,interior1 as authorized under the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feja et seq47 and the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a72 and 7bb7 forest restoration and fuel reduction activities carried out outside of the wildland urban interface that are on condition class #c ,federal land or condition class #b ,federal land located within fire regime ,i1 fire regime ,,ii1 or fire regime ,,iii4 7ii7 ,if the requirements under clause 7i77,i7 are met for a fiscal year1 the adjustments for that fiscal year shall be the amount of additional new budget authority provided in the bill or joint resolution described in clause 7i77,i77aa7 for wildfire suppression operations for that fiscal year1 but shall not exceed #a1jjj1jjj1jjj in additional new budget authority in each of fiscal years #bjae through #bjba4 7iii7 ,as used in this subparagraph-- 7,i7 the term additional new budget authority means the amount provided for a fiscal year in an appropriation ,act and specified to pay for the costs of wildfire suppression operations that is equal to the greater of the amount in excess of-- 7aa7 #ajj percent of the average costs for wildfire suppression operations over the previous #e years2 or 7bb7 the estimated amount of anticipated wildfire suppression costs at the upper bound of the #ij percent confidence interval for that fiscal year calculated in accordance with section #ejb7;h77#c7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7h77#c772 and 7,,ii7 the term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting including support1 response1 and emergency stabilization activities2 other emergency management activities2 and funds necessary to repay any transfers needed for these costs4 7iv7 ,the average costs for wildfire suppression operations over the previous #e years shall be calculated annually and reported in the ,president's ,budget submission under section #aaje7;a7 of title #ca1 ,united ,states ,code1 for each fiscal year4 4 7b7 ,disaster funding ,section #bea7;b77#b77;,d7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,d77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,i71 by striking and and inserting plus2 7,b7 in subclause 7,,ii71 by striking the period and inserting 2 less2 and 7,c7 by adding the following3 7,,iii7 the additional new budget authority provided in an appropriation ,act for wildfire suppression operations pursuant to subparagraph 7,e7 for the preceding fiscal year4 2 and 7#b7 by adding at the end the following3 7v7 ,beginning in fiscal year #bjaf and in subsequent fiscal years1 the calculation of the average funding provided for disaster relief over the previous #aj years shall not include the additional new budget authority provided in an appropriation ,act for wildfire suppression operations pursuant to subparagraph 7,e74 4 ,,ii ,forest treatment projects #bja4 ,definitions ,in this title3 7#a7 ,covered project ,the term covered project means a project that involves the management or sale of national forest material within a ,forest ,management ,emphasis ,area4 7#b7 ,forest ,management ,emphasis ,area 7,a7 ,in general ,the term ,forest ,management ,emphasis ,area means ,national ,forest ,system land identified as suitable for timber production in a forest management plan in effect on the date of enactment of this ,act4 7,b7 ,exclusions ,the term ,forest ,management ,emphasis ,area does not include ,national ,forest ,system land-- 7i7 that is a component of the ,national ,wilderness ,preservation ,system2 or 7ii7 on which removal of vegetation is specifically prohibited by ,federal law4 7#c7 ,national forest material ,the term national forest material means trees1 portions of trees1 or forest products1 with an emphasis on sawtimber and pulpwood1 derived from ,national ,forest ,system land4 7#d7 ,national ,forest ,system 7,a7 ,in general ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7,b7 ,exclusion ,the term ,national ,forest ,system does not include-- 7i7 the national grasslands and land utilization projects administered under title ,,iii of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj et seq472 or 7ii7 ,national ,forest ,system land east of the #ajjth meridian4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #bjb4 ,projects in ,forest ,management ,emphasis ,areas 7a7 ,conduct of covered projects ,within ,forest ,management ,emphasis ,areas 7#a7 ,in general ,the ,secretary may conduct covered projects in ,forest ,management ,emphasis ,areas1 subject to paragraphs 7#b7 through 7#d74 7#b7 ,designating timber for cutting 7,a7 ,in general ,notwithstanding section #ad7;g7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7g771 the ,secretary may use designation by prescription or designation by description in conducting covered projects under this title4 7,b7 ,requirement ,the designation methods authorized under subparagraph 7,a7 shall be used in a manner that ensures that the quantity of national forest material that is removed from the ,forest ,management ,emphasis ,area is verifiable and accountable4 7#c7 ,contracting methods 7,a7 ,in general ,timber sale contracts under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 shall be the primary means of carrying out covered projects under this title4 7,b7 ,record ,if the ,secretary does not use a timber sale contract under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 to carry out a covered project under this title1 the ,secretary shall provide a written record specifying the reasons that different contracting methods were used4 7#d7 ,acreage treatment requirements 7,a7 ,total acreage requirements ,the ,secretary shall identify1 prioritize1 and carry out covered projects in ,forest ,management ,emphasis ,areas that mechanically treat a total of at least #g1ejj1jjj acres in the ,forest ,management ,emphasis ,areas during the #ae-year period beginning on the date that is #fj days after the date on which the ,secretary assigns the acreage treatment requirements under subparagraph 7,b74 7,b7 ,assignment of acreage treatment requirements to individual units of the ,national ,forest ,system 7i7 ,in general ,not later than #fj days after the date of enactment of this ,act and subject to clause 7ii71 the ,secretary1 in the sole discretion of the ,secretary1 shall assign the acreage treatment requirements that shall apply to the ,forest ,management ,emphasis ,areas of each unit of the ,national ,forest ,system4 7ii7 ,limitation ,notwithstanding clause 7i71 the acreage treatment requirements assigned to a specific unit of the ,national ,forest ,system under that clause may not apply to more than #be percent of the acreage to be treated in any unit of the ,national ,forest ,system in a ,forest ,management ,emphasis ,area during the #ae-year period described in subparagraph 7,a74 7b7 ,environmental analysis and public review process for covered projects in ,forest ,management ,emphasis ,areas 7#a7 ,environmental assessment ,the ,secretary shall comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a ,forest ,management ,emphasis ,area1 except that the ,secretary shall not be required to study1 develop1 or describe more than the proposed agency action and #a alternative to the proposed agency action for purposes of that ,act4 7#b7 ,public notice and comment ,in preparing an environmental assessment for a covered project under paragraph 7#a71 the ,secretary shall provide-- 7,a7 public notice of the covered project2 and 7,b7 an opportunity for public comment on the covered project4 7#c7 ,length ,the environmental assessment prepared for a covered project under paragraph 7#a7 shall not exceed #ajj pages in length4 7#d7 ,inclusion of certain documents ,the ,secretary may incorporate1 by reference1 into an environmental assessment any documents that the ,secretary1 in the sole discretion of the ,secretary1 determines are relevant to the assessment of the environmental effects of the covered project4 7#e7 ,deadline for completion ,not later than #ahj days after the date on which the ,secretary has published notice of a covered project in accordance with paragraph 7#b71 the ,secretary shall complete the environmental assessment for the covered project4 7c7 ,compliance with ,endangered ,species ,act ,to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,secretary shall use qualified professionals on the staff of the ,forest ,service to make determinations required under section #g of that ,act 7#af ,u4,s4,c4 #aecf74 7d7 ,limitation on revision of national forest plans ,the ,secretary may not1 during a revision of a forest plan under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd71 reduce the acres designated as suitable for timber harvest under a covered project1 unless the ,secretary determines1 in consultation with the ,secretary of the ,interior1 that the reduction in acreage is necessary to prevent a jeopardy finding under section #g7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b774 #bjc4 ,administrative review2 arbitration 7a7 ,administrative review ,administrative review of a covered project shall occur only in accordance with the special administrative review process established by section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7b7 ,arbitration 7#a7 ,in general ,there is established in the ,department of ,agriculture a pilot program that-- 7,a7 authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection 7a72 and 7,b7 shall be the sole means to challenge a covered project in a ,forest ,management ,emphasis ,area during the #ae-year period beginning on the date that is #fj days after the date on which the ,secretary assigns the acreage treatment requirements under section #bjb7;a77#d77;,b74 7#b7 ,arbitration process procedures 7,a7 ,in general ,any person who sought administrative review for a covered project in accordance with subsection 7a7 and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with-- 7i7 chapter #a of title #i1 ,united ,states ,code2 and 7ii7 this paragraph4 7,b7 ,requirements for demand ,a demand for arbitration under subparagraph 7,a7 shall-- 7i7 be filed not more than #cj days after the date on which the special administrative review decision is issued under subsection 7a72 and 7ii7 include a proposal containing the modifications sought to the covered project4 7,c7 ,intervening parties 7i7 ,deadline for submission2 requirements ,any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is #cj days after the date on which the demand for arbitration is filed under subparagraph 7,a74 7ii7 ,multiple parties ,multiple objectors or intervening parties that meet the requirements of clause 7i7 may submit a joint proposal under that clause4 7,d7 ,appointment of arbitrator ,the ,united ,states ,district ,court in the district in which a covered project subject to a demand for arbitration filed under subparagraph 7,a7 is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection4 7,e7 ,selection of proposals 7i7 ,in general ,an arbitrator appointed under subparagraph 7,d7-- 7,i7 may not modify any of the proposals submitted under this paragraph2 and 7,,ii7 shall select to be conducted-- 7aa7 a proposal submitted by an objector under subparagraph 7,b77ii7 or an intervening party under subparagraph 7,c72 or 7bb7 the covered project1 as approved by the ,secretary4 7ii7 ,selection criteria ,an arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section #bjb7;b77#a7 for the covered project4 7iii7 ,effect ,the decision of an arbitrator with respect to a selection under clause 7i77,,ii7-- 7,i7 shall not be considered a major ,federal action2 7,,ii7 shall be binding2 and 7,,iii7 shall not be subject to judicial review4 7,f7 ,deadline for completion ,not later than #ij days after the date on which a demand for arbitration is filed under subparagraph 7,a71 the arbitration process shall be completed4 #bjd4 ,distribution of revenue 7a7 ,payments to counties 7#a7 ,in general ,effective for fiscal year #bjae and each fiscal year thereafter until the termination date under section #bjf1 the ,secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to #be percent of the amounts received for the applicable fiscal year by the ,secretary from the covered project4 7#b7 ,limitation ,a payment made under paragraph 7#a7 shall be in addition to any payments the county receives under the payment to ,states required by the sixth paragraph under the heading ,forest service in the ,act of ,may #bc1 #aijh 7#ce ,stat4 #bfj2 #af ,u4,s4,c4 #ejj71 and section #ac of the ,act of ,march #a1 #aiaa 7#cf ,stat4 #ifc2 #af ,u4,s4,c4 #ejj74 7b7 ,deposit in ,knutson-,vandenberg and ,salvage ,sale ,funds ,after compliance with subsection 7a71 the ,secretary shall use amounts received by the ,secretary from covered projects during each of the fiscal years during the period described in subsection 7a7 to make deposits into the fund established under section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act7 7#af ,u4,s4,c4 #egf;b71 and the fund established under section #ad7;h7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7h77 in contributions equal to the amounts otherwise collected under those ,acts for projects conducted on ,national ,forest ,system land4 7c7 ,deposit in ,general ,fund of the ,treasury ,after compliance with subsections 7a7 and 7b71 the ,secretary shall deposit into the general fund of the ,treasury any remaining amounts received by the ,secretary for each of the fiscal years referred to in those subsections from covered projects4 #bje4 ,performance measures2 reporting 7a7 ,performance measures ,the ,secretary shall develop performance measures that evaluate the degree to which the ,secretary is achieving-- 7#a7 the purposes of this title2 and 7#b7 the minimum acreage requirements established under section #bjb7;a77#d74 7b7 ,annual ,reports ,annually1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives-- 7#a7 a report that describes the results of evaluations using the performance measures developed under subsection 7a72 and 7#b7 a report that describes-- 7,a7 the number and substance of the covered projects that are subject to administrative review and arbitration under section #bjc2 and 7,b7 the outcomes of the administrative review and arbitration under that section4 #bjf4 ,termination ,the authority of this title terminates on the date that is #ae years after the date of enactment of this ,act4 ,,iii ,forest stewardship contracting #cja4 ,cancellation ceilings ,section #fjd7;d7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7d77 is amended-- 7#a7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,cancellation ceilings 7,a7 ,in general ,the ,chief and the ,director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection 7b7 in stages that are economically or programmatically viable4 7,b7 ,notice 7i7 ,submission to congress ,not later than #cj days before entering into a multiyear agreement or contract under subsection 7b7 that includes a cancellation ceiling in excess of #be1jjj1jjj1 but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract1 the ,chief and the ,director shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a written notice that includes-- 7,i7 7aa7 the cancellation ceiling amounts proposed for each program year in the agreement or contract2 and 7bb7 the reasons for the cancellation ceiling amounts proposed under item 7aa72 7,,ii7 the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract2 and 7,,iii7 a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation4 7ii7 ,transmittal to omb ,at least #ad days before the date on which the ,chief and ,director enter into an agreement or contract under subsection 7b71 the ,chief and ,director shall transmit to the ,director of the ,office of ,management and ,budget a copy of the written notice submitted under clause 7i74 4