[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2150 Reported in Senate (RS)]
<DOC>
Calendar No. 427
117th CONGRESS
2d Session
S. 2150
[Report No. 117-121]
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
June 21, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wildland Fire Mitigation
and Management Commission Act of 2021''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Energy and Natural
Resources of the Senate;</DELETED>
<DELETED> (B) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;</DELETED>
<DELETED> (C) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (D) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (E) the Committee on Natural Resources of
the House of Representatives;</DELETED>
<DELETED> (F) the Committee on Agriculture of the
House of Representatives;</DELETED>
<DELETED> (G) the Committee on Homeland Security of
the House of Representatives;</DELETED>
<DELETED> (H) the Committee on Appropriations of the
House of Representatives; and</DELETED>
<DELETED> (I) the Committee on Ways and Means of the
House of Representatives.</DELETED>
<DELETED> (2) Commission.--The term ``Commission'' means the
commission established under section 3(a).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (6) Secretaries.--The term ``Secretaries'' means--
</DELETED>
<DELETED> (A) the Secretary of the
Interior;</DELETED>
<DELETED> (B) the Secretary of Agriculture;
and</DELETED>
<DELETED> (C) the Secretary of Homeland Security,
acting through the Administrator of the Federal
Emergency Management Agency.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT OF COMMISSION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the prevention, mitigation, suppression, and
management of wildland fires in the United States;
and</DELETED>
<DELETED> (2) the rehabilitation of land in the United
States devastated by wildland fires.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Composition.--The Commission shall be composed
of--</DELETED>
<DELETED> (A) each of the Secretaries (or
designees), who shall jointly serve as the co-
chairpersons of the Commission;</DELETED>
<DELETED> (B) not greater than 8 representatives of
Federal departments or agencies, to be appointed by the
Secretaries, including--</DELETED>
<DELETED> (i) not fewer than 1
representative from each of--</DELETED>
<DELETED> (I) the Bureau of Land
Management;</DELETED>
<DELETED> (II) the National Park
Service;</DELETED>
<DELETED> (III) the Bureau of Indian
Affairs; and</DELETED>
<DELETED> (IV) the Forest
Service;</DELETED>
<DELETED> (ii) a representative of or
liaison to the Mitigation Framework Leadership
Group of the Federal Emergency Management
Agency;</DELETED>
<DELETED> (iii) a representative to the
National Interagency Coordination Center, which
is part of the National Wildfire Coordination
Group;</DELETED>
<DELETED> (iv) a representative from 1 of
the coordinating agencies of the Recovery
Support Function Leadership Group;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) not fewer than 1 State hazard
mitigation officer of a high-risk State (or a
designee);</DELETED>
<DELETED> (ii) with preference given to
representatives from high-risk States and high-
risk Indian tribal governments, not fewer than
1 representative from each of--</DELETED>
<DELETED> (I) a State department of
natural resources, forestry, or
agriculture or a similar State
agency;</DELETED>
<DELETED> (II) a State department of
energy or a similar State
agency;</DELETED>
<DELETED> (III) a county government,
with preference given to counties at
least a portion of which is in the
wildland-urban interface; and</DELETED>
<DELETED> (IV) a municipal
government, with preference given to
municipalities at least a portion of
which is in the wildland-urban
interface;</DELETED>
<DELETED> (iii) with preference given to
representatives from high-risk States and high-
risk Indian tribal governments, not fewer than
1 representative from each of--</DELETED>
<DELETED> (I) the public utility
industry;</DELETED>
<DELETED> (II) the property
development industry; and</DELETED>
<DELETED> (III) Indian tribal
governments; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) State limitation.--Each member of the
Commission appointed under clauses (i) and (ii) of paragraph
(1)(C) shall represent a different State.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Period of Appointment; Vacancies.--</DELETED>
<DELETED> (1) In general.--A member of the Commission shall
be appointed for the life of the Commission.</DELETED>
<DELETED> (2) Vacancies.--A vacancy in the Commission--
</DELETED>
<DELETED> (A) shall not affect the powers of the
Commission; and</DELETED>
<DELETED> (B) shall be filled in the same manner as
the original appointment.</DELETED>
<DELETED> (d) Meetings.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Frequency.--The Commission shall meet not less
frequently than once every 30 days.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser number of
members may hold hearings.</DELETED>
<DELETED>SEC. 4. DUTIES OF COMMISSION.</DELETED>
<DELETED> (a) Report on Recommendations To Mitigate and Manage
Wildland Fires.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) policy recommendations, including
recommendations--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) to facilitate efficient
short- and long-term forest management in
residential and nonresidential at-risk
areas;</DELETED>
<DELETED> (iii) to manage the wildland-urban
interface;</DELETED>
<DELETED> (iv) to manage utility corridors;
and</DELETED>
<DELETED> (v) to rehabilitate land
devastated by wildland fire;</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the implementation of section
1114 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (43 U.S.C.
1748b-1); or</DELETED>
<DELETED> (ii) improving early wildland fire
detection;</DELETED>
<DELETED> (D) an assessment of Federal spending on
wildland fire-related disaster management, including--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) the amount of funding
provided under each program;</DELETED>
<DELETED> (II) the effectiveness of
each program with respect to long-term
forest management and maintenance;
and</DELETED>
<DELETED> (III) recommendations to
improve the effectiveness of each
program, including with respect to--
</DELETED>
<DELETED> (aa) the
conditions on the use of funds
received under the program;
and</DELETED>
<DELETED> (bb) the extent to
which additional funds are
necessary for the
program;</DELETED>
<DELETED> (ii) an evaluation, including
recommendations to improve the effectiveness in
mitigating wildland fires, of--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (II) the Pre-Disaster
Mitigation program under that section
(42 U.S.C. 5133);</DELETED>
<DELETED> (III) the Hazard
Mitigation Grant Program under section
404 of that Act (42 U.S.C. 5170c);
and</DELETED>
<DELETED> (IV) Hazard Mitigation
Grant Program post-fire assistance
under sections 404 and 420 of that Act
(42 U.S.C. 5170c, 5187);</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) the exclusion of the
percentage of land owned by an entity
other than a State or unit of local
government; and</DELETED>
<DELETED> (II) any related economic
impact of that exclusion; and</DELETED>
<DELETED> (iv) recommendations for Federal
budgeting for wildland fires;</DELETED>
<DELETED> (E) any recommendations for matters under
subparagraph (A), (B), (C), or (D) specific to--
</DELETED>
<DELETED> (i) forest type, vegetation type,
or forest and vegetation type; or</DELETED>
<DELETED> (ii) State land, Tribal land, or
private land; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) any recommendations for changes to
that national strategy to improve its
effectiveness.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Report on Aerial Wildland Firefighting Equipment
Strategy and Inventory Assessment.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) reasonably anticipated to be necessary
for military operations, readiness, or fleet management
in the future; or</DELETED>
<DELETED> (B) already obligated for purposes other
than fighting wildland fires.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) an assessment of the expected number
of aircraft and aircraft parts needed to fight wildland
fires through 2030;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a description of the current
use of each existing authority; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Unclassified report.--The inventory and report
submitted under paragraphs (1) and (2), respectively--
</DELETED>
<DELETED> (A) shall be unclassified; but</DELETED>
<DELETED> (B) may include a classified
annex.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 5. POWERS OF COMMISSION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Information From Federal Agencies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. COMMISSION PERSONNEL MATTERS.</DELETED>
<DELETED> (a) No Compensation.--A member of the Commission shall
serve without compensation.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Staff.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. TERMINATION OF COMMISSION.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to carry out this
Act $1,000,000.</DELETED>
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 Environment and Public Works
of the Senate;
(F) the Committee on Natural Resources of the House
of Representatives;
(G) the Committee on Agriculture of the House of
Representatives;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House of
Representatives; and
(K) the Committee on Natural Resources 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) 9 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;
(IV) the United States Fish and
Wildlife Service; and
(V) 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) 18 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;
(III) Indian tribal governments;
(IV) wildland firefighters; and
(V) an organization--
(aa) described in section
501(c)(3) of the Internal
Revenue Code of 1986 and exempt
from taxation under section
501(a) of that Code; and
(bb) with expertise in
forest management and
environmental conservation;
(iv) not greater than 2 other appropriate
non-Federal stakeholders, which may include the
private sector; and
(v) 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, which may include
a review of community wildfire protection
plans;
(iii) to manage the wildland-urban
interface;
(iv) to manage utility corridors;
(v) to rehabilitate land devastated by
wildland fire; and
(vi) to improve the capacity of the
Secretary of Agriculture and the Secretary of
the Interior to conduct hazardous fuels
reduction projects;
(B) policy recommendations described in
subparagraph (A) with respect to any recommendations
for--
(i) 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.); or
(ii) additional staffing or resources that
may be necessary to more expeditiously prepare
an environmental impact statement or analysis
under that Act;
(C) policy recommendations for modernizing and
expanding the use of technology, including satellite
technology, remote sensing, unmanned aircraft systems,
and any other type of emerging 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, which may include
authorizing prescribed 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);
(IV) Hazard Mitigation Grant
Program post-fire assistance under
sections 404 and 420 of that Act (42
U.S.C. 5170c, 5187); and
(V) such other programs as the
Commission determines to be
appropriate;
(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 and post-wildfire recovery;
(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;
(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; and
(G)(i) an evaluation of coordination of response
to, and suppression of, wildfires occurring on Federal,
Tribal, State, and local land among Federal, Tribal,
State, and local agencies with jurisdiction over that
land; and
(ii) any recommendations to improve the
coordination described in clause (i).
(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.
Calendar No. 427
117th CONGRESS
2d Session
S. 2150
[Report No. 117-121]
_______________________________________________________________________
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.
_______________________________________________________________________
June 21, 2022
Reported with an amendment