[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