[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2150 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2150

To prevent catastrophic wildland fires by establishing a commission to 
study and recommend wildland fire prevention, mitigation, suppression, 
management, and rehabilitation policies for the Federal Government, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2021

 Mr. Romney (for himself and Mr. Kelly) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To prevent catastrophic wildland fires by establishing a commission to 
study and recommend wildland fire prevention, mitigation, suppression, 
management, and rehabilitation policies for the Federal Government, and 
                          for other purposes.

    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 ``Wildland Fire Mitigation and 
Management Commission Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on Natural Resources of the House 
                of Representatives;
                    (F) the Committee on Agriculture of the House of 
                Representatives;
                    (G) the Committee on Homeland Security of the House 
                of Representatives;
                    (H) the Committee on Appropriations of the House of 
                Representatives; and
                    (I) the Committee on Ways and Means of the House of 
                Representatives.
            (2) Commission.--The term ``Commission'' means the 
        commission established under section 3(a).
            (3) High-risk indian tribal government.--The term ``high-
        risk Indian tribal government'' means an Indian tribal 
        government, during not fewer than 4 of the 5 years preceding 
        the date of enactment of this Act--
                    (A) that received fire management assistance under 
                section 420 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5187); or
                    (B) land of which included an area for which the 
                President declared a major disaster for fire in 
                accordance with section 401 of that Act (42 U.S.C. 
                5170).
            (4) High-risk state.--The term ``high-risk State'' means a 
        State that, during not fewer than 4 of the 5 years preceding 
        the date of enactment of this Act--
                    (A) received fire management assistance under 
                section 420 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5187); or
                    (B) included an area for which the President 
                declared a major disaster for fire in accordance with 
                section 401 of that Act (42 U.S.C. 5170).
            (5) Indian tribal government.--The term ``Indian tribal 
        government'' has the meaning given the term in section 102 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5122).
            (6) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture; and
                    (C) the Secretary of Homeland Security, acting 
                through the Administrator of the Federal Emergency 
                Management Agency.
            (7) State.--The term ``State'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
            (8) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Secretaries shall jointly establish a 
commission to study and make recommendations to improve Federal 
policies relating to--
            (1) the prevention, mitigation, suppression, and management 
        of wildland fires in the United States; and
            (2) the rehabilitation of land in the United States 
        devastated by wildland fires.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of--
                    (A) each of the Secretaries (or designees), who 
                shall jointly serve as the co-chairpersons of the 
                Commission;
                    (B) not greater than 8 representatives of Federal 
                departments or agencies, to be appointed by the 
                Secretaries, including--
                            (i) not fewer than 1 representative from 
                        each of--
                                    (I) the Bureau of Land Management;
                                    (II) the National Park Service;
                                    (III) the Bureau of Indian Affairs; 
                                and
                                    (IV) the Forest Service;
                            (ii) a representative of or liaison to the 
                        Mitigation Framework Leadership Group of the 
                        Federal Emergency Management Agency;
                            (iii) a representative to the National 
                        Interagency Coordination Center, which is part 
                        of the National Wildfire Coordination Group;
                            (iv) a representative from 1 of the 
                        coordinating agencies of the Recovery Support 
                        Function Leadership Group; and
                            (v) if the Secretaries determine it to be 
                        appropriate, a representative of any other 
                        Federal department or agency, such as the 
                        Department of Energy, the Environmental 
                        Protection Agency, or the Department of 
                        Defense; and
                    (C) not greater than 17 non-Federal stakeholders 
                with expertise in wildland fire preparedness, 
                mitigation, suppression, or management, who 
                collectively have a combination of backgrounds, 
                experiences, and viewpoints and are representative of 
                rural, urban, and suburban areas, to be appointed by 
                the Secretaries, including--
                            (i) not fewer than 1 State hazard 
                        mitigation officer of a high-risk State (or a 
                        designee);
                            (ii) with preference given to 
                        representatives from high-risk States and high-
                        risk Indian tribal governments, not fewer than 
                        1 representative from each of--
                                    (I) a State department of natural 
                                resources, forestry, or agriculture or 
                                a similar State agency;
                                    (II) a State department of energy 
                                or a similar State agency;
                                    (III) a county government, with 
                                preference given to counties at least a 
                                portion of which is in the wildland-
                                urban interface; and
                                    (IV) a municipal government, with 
                                preference given to municipalities at 
                                least a portion of which is in the 
                                wildland-urban interface;
                            (iii) with preference given to 
                        representatives from high-risk States and high-
                        risk Indian tribal governments, not fewer than 
                        1 representative from each of--
                                    (I) the public utility industry;
                                    (II) the property development 
                                industry; and
                                    (III) Indian tribal governments; 
                                and
                            (iv) any other appropriate non-Federal 
                        stakeholders, which may include the private 
                        sector, with preference given to non-Federal 
                        stakeholders from high-risk States and high-
                        risk Indian tribal governments.
            (2) State limitation.--Each member of the Commission 
        appointed under clauses (i) and (ii) of paragraph (1)(C) shall 
        represent a different State.
            (3) Date.--The appointments of the members of the 
        Commission shall be made not later than 60 days after the date 
        of enactment of this Act.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--A member of the Commission shall be 
        appointed for the life of the Commission.
            (2) Vacancies.--A vacancy in the Commission--
                    (A) shall not affect the powers of the Commission; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold the first meeting of the Commission.
            (2) Frequency.--The Commission shall meet not less 
        frequently than once every 30 days.
            (3) Type.--The Commission may hold meetings, and a member 
        of the Commission may participate in a meeting, remotely 
        through teleconference, video conference, or similar means.
            (4) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.

SEC. 4. DUTIES OF COMMISSION.

    (a) Report on Recommendations To Mitigate and Manage Wildland 
Fires.--
            (1) In general.--Not later than 1 year after the date of 
        the first meeting of the Commission, the Commission shall 
        submit to the appropriate committees of Congress a report 
        describing recommendations to prevent, mitigate, suppress, and 
        manage wildland fires, including--
                    (A) policy recommendations, including 
                recommendations--
                            (i) to maximize the protection of human 
                        life, community water supplies, homes, and 
                        other essential structures, which may include 
                        recommendations to expand the use of initial 
                        attack strategies;
                            (ii) to facilitate efficient short- and 
                        long-term forest management in residential and 
                        nonresidential at-risk areas;
                            (iii) to manage the wildland-urban 
                        interface;
                            (iv) to manage utility corridors; and
                            (v) to rehabilitate land devastated by 
                        wildland fire;
                    (B) policy recommendations described in 
                subparagraph (A) with respect to any recommendations 
                for categorical exclusions from the requirement to 
                prepare an environmental impact statement or analysis 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    (C) policy recommendations for modernizing and 
                expanding the use of technology, including satellite 
                technology, to prevent, mitigate, suppress, and manage 
                wildland fires, including any recommendations with 
                respect to--
                            (i) the implementation of section 1114 of 
                        the John D. Dingell, Jr. Conservation, 
                        Management, and Recreation Act (43 U.S.C. 
                        1748b-1); or
                            (ii) improving early wildland fire 
                        detection;
                    (D) an assessment of Federal spending on wildland 
                fire-related disaster management, including--
                            (i) a description and assessment of Federal 
                        grant programs for States and units of local 
                        government for pre- and post-wildland fire 
                        disaster mitigation and recovery, including--
                                    (I) the amount of funding provided 
                                under each program;
                                    (II) the effectiveness of each 
                                program with respect to long-term 
                                forest management and maintenance; and
                                    (III) recommendations to improve 
                                the effectiveness of each program, 
                                including with respect to--
                                            (aa) the conditions on the 
                                        use of funds received under the 
                                        program; and
                                            (bb) the extent to which 
                                        additional funds are necessary 
                                        for the program;
                            (ii) an evaluation, including 
                        recommendations to improve the effectiveness in 
                        mitigating wildland fires, of--
                                    (I) the Building Resilient 
                                Infrastructure and Communities program 
                                under section 203 of the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5133);
                                    (II) the Pre-Disaster Mitigation 
                                program under that section (42 U.S.C. 
                                5133);
                                    (III) the Hazard Mitigation Grant 
                                Program under section 404 of that Act 
                                (42 U.S.C. 5170c); and
                                    (IV) Hazard Mitigation Grant 
                                Program post-fire assistance under 
                                sections 404 and 420 of that Act (42 
                                U.S.C. 5170c, 5187);
                            (iii) an assessment of the definition of 
                        ``small impoverished community'' under section 
                        203(a) of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5133(a)), specifically--
                                    (I) the exclusion of the percentage 
                                of land owned by an entity other than a 
                                State or unit of local government; and
                                    (II) any related economic impact of 
                                that exclusion; and
                            (iv) recommendations for Federal budgeting 
                        for wildland fires;
                    (E) any recommendations for matters under 
                subparagraph (A), (B), (C), or (D) specific to--
                            (i) forest type, vegetation type, or forest 
                        and vegetation type; or
                            (ii) State land, Tribal land, or private 
                        land; and
                    (F)(i) a review of the national strategy described 
                in the report entitled ``The National Strategy: The 
                Final Phase in the Development of the National Cohesive 
                Wildland Fire Management Strategy'' and dated April 
                2014; and
                    (ii) any recommendations for changes to that 
                national strategy to improve its effectiveness.
            (2) Specific policy recommendations.--To the maximum extent 
        practicable, the report described in paragraph (1) shall 
        include detailed short- and long-term policy recommendations, 
        including any recommendations for Federal legislation.
            (3) Interim reports.--Before the submission of the report 
        under paragraph (1), on approval of all members of the 
        Commission, the Commission may submit to the appropriate 
        committees of Congress 1 or more interim reports, as the 
        Commission determines to be appropriate, relating to any 
        matters described in paragraph (1).
    (b) Report on Aerial Wildland Firefighting Equipment Strategy and 
Inventory Assessment.--
            (1) Submission of inventory to the commission.--Not later 
        than 45 days after the date on which the Commission holds the 
        first meeting of the Commission, the Secretary of Defense and 
        the heads of other relevant Federal departments and agencies 
        shall submit to the Commission an inventory of surplus cargo 
        and passenger aircraft and excess common-use aircraft parts 
        that may be used for wildland firefighting purposes, excluding 
        any aircraft or aircraft parts that are--
                    (A) reasonably anticipated to be necessary for 
                military operations, readiness, or fleet management in 
                the future; or
                    (B) already obligated for purposes other than 
                fighting wildland fires.
            (2) Submission of report to congress.--Not later than 90 
        days after the date on which the Commission receives the 
        inventory described in paragraph (1), the Commission shall 
        submit to the appropriate committees of Congress a report 
        outlining a strategy to meet aerial firefighting equipment 
        needs through 2030 in the most cost-effective manner, 
        including--
                    (A) an assessment of the expected number of 
                aircraft and aircraft parts needed to fight wildland 
                fires through 2030;
                    (B) an assessment of existing authorities of the 
                Secretary of Defense and the heads of other relevant 
                Federal departments and agencies to provide or sell 
                surplus aircraft or aircraft parts to Federal, State, 
                or local authorities for wildland firefighting use, 
                including--
                            (i) a description of the current use of 
                        each existing authority; and
                            (ii) a description of any additional 
                        authorities that are needed for the Secretary 
                        of Defense and the heads of other relevant 
                        Federal departments and agencies to provide or 
                        sell surplus aircraft or aircraft parts to 
                        Federal, State, or local authorities for 
                        wildland firefighting use; and
                    (C) recommendations to ensure the availability of 
                aircraft and aircraft parts that the Commission expects 
                will be necessary to fight wildland fires through 2030 
                in the most cost-effective manner.
            (3) Considerations for accessing aircraft and aircraft 
        parts.--In developing the strategy in the report required under 
        paragraph (2) and the recommendations under paragraph (2)(C), 
        the Commission shall consider all private and public sector 
        options for accessing necessary aircraft and aircraft parts, 
        including procurement, contracting, retrofitting, and public-
        private partnerships.
            (4) Unclassified report.--The inventory and report 
        submitted under paragraphs (1) and (2), respectively--
                    (A) shall be unclassified; but
                    (B) may include a classified annex.
    (c) Majority Requirement.--Not less than \2/3\ of the members of 
the Commission shall approve the recommendations contained in each 
report submitted under subsection (a) or (b)(2).

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a 
        Federal department or agency such information as the Commission 
        considers necessary to carry out this Act.
            (2) Furnishing information.--On request of the Chairpersons 
        of the Commission, the head of the department or agency shall 
        furnish the information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of such 
gifts or donations of services or property as the Commission considers 
necessary to carry out this Act.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) No Compensation.--A member of the Commission shall serve 
without compensation.
    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (c) Staff.--
            (1) In general.--The Chairpersons of the Commission may, 
        without regard to the civil service laws (including 
        regulations), appoint and terminate an executive director and 
        such other additional personnel as may be necessary to enable 
        the Commission to perform its duties, except that the 
        employment of an executive director shall be subject to 
        confirmation by the Commission.
            (2) Compensation.--The Chairpersons of the Commission may 
        fix the compensation of the executive director and other 
        personnel without regard to chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the executive director and 
        other personnel may not exceed the rate payable for level V of 
        the Executive Schedule under section 5316 of that title.
    (d) Detail of Government Employees.--A Federal Government employee 
may be detailed to the Commission without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairpersons of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals that do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of that title.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate on the date that is 180 days after 
the date on which the Commission has submitted the reports under 
subsections (a) and (b) of section 4.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$1,000,000.
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