[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4935 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4935

     To require the Secretary of the Interior and the Secretary of 
   Agriculture to implement measures to better prepare for and more 
  quickly respond to wildfires on certain public land and in certain 
                           National Forests.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2022

  Mr. Manchin introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To require the Secretary of the Interior and the Secretary of 
   Agriculture to implement measures to better prepare for and more 
  quickly respond to wildfires on certain public land and in certain 
                           National Forests.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``More Hasty Response to Firefighting 
Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Initial attack.--The term ``initial attack'' means an 
        aggressive action to put a fire out by the first resources to 
        arrive, consistent with firefighter and public safety and 
        values to be protected.
            (2) National forest.--The term ``National Forest'' means a 
        unit of the National Forest System located west of the 100th 
        meridian.
            (3) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (4) Qualifying unit.--The term ``qualifying unit'' means a 
        National Forest or unit of public land for which the Secretary 
        concerned has developed potential operational delineations for 
        wildfires.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to a 
                National Forest; and
                    (B) the Secretary of the Interior, with respect to 
                public land.

SEC. 3. NOTIFICATION AND TRAINING.

    (a) In General.--With respect to each qualifying unit, the 
Secretary concerned shall--
            (1) notify each person who is authorized to carry out 
        timber harvesting work or vegetation management work within the 
        boundaries of the qualifying unit of--
                    (A) the strategic response zone in which the 
                contractor is authorized to carry out the work;
                    (B) the potential-fire response strategy developed 
                for that strategic response zone;
                    (C) each training offered under paragraph (2); and
                    (D) the financial incentive established under 
                paragraph (3) for attending that training;
            (2) in coordination with the National Wildfire Coordinating 
        Group, offer a 1-day training in the vicinity of that 
        qualifying unit each fiscal year, beginning with fiscal year 
        2024, in basic firefighting safety and resource protection, 
        specifically for persons who routinely carry out timber 
        harvesting work or vegetation management work; and
            (3) provide, not more frequently than once per fiscal year 
        for fiscal year 2024 and each fiscal year thereafter, $1,000 to 
        each company described in subsection (b).
    (b) Company Described.--A company referred to in subsection (a)(3) 
is a company--
            (1) to which the Administrator of General Services has 
        assigned a Unique Entity Identifier;
            (2) that--
                    (A) has placed not fewer than 1 bid to carry out 
                timber harvesting work or vegetation management work 
                within the boundaries of a qualifying unit during the 
                previous fiscal year; or
                    (B) is authorized to carry out timber harvesting 
                work or vegetation management work within the 
                boundaries of a qualifying unit during that fiscal 
                year;
            (3) each of the employees of which that may carry out 
        timber harvesting work or vegetation management work within the 
        boundaries of a qualifying unit attends a training offered 
        under subsection (a)(2); and
            (4) that submits to the Secretary concerned a certification 
        of attendance described in paragraph (3) at such time and in 
        such manner as the Secretary concerned may prescribe.

SEC. 4. INITIAL ATTACK OF WILDFIRES BY TRAINED PERSONS.

    (a) In General.--Notwithstanding any other provision of law 
(including regulations), on discovery of a wildfire within the 
boundaries of a qualifying unit by a person described in subsection 
(b), the person may undertake initial attack within the qualifying unit 
on the wildfire, including suppressing, containing, or extinguishing 
the wildfire, if--
            (1) the person has completed a training offered under 
        section 3(a)(2) or a similar training, as determined by the 
        Secretary concerned;
            (2) the total area burned by the wildfire is approximately 
        5 acres or less in size; and
            (3) the initial attack on the wildfire is consistent with 
        the potential-fire response strategy for the strategic response 
        zone in which the wildfire is occurring.
    (b) Person Described.--A person referred to in subsection (a) is--
            (1) a person described in section 3(a)(1);
            (2) a landowner who--
                    (A) owns not fewer than 1,000 acres of land 
                adjacent to a qualifying unit; and
                    (B) routinely carries out timber harvesting work or 
                vegetation management work; or
            (3) an employee of a landowner described in paragraph (2) 
        the employment of whom relates to timber harvesting work or 
        vegetation management work on the land described in that 
        paragraph.
    (c) Notification Requirement.--If a person undertakes an initial 
attack authorized under subsection (a), the person, to the maximum 
extent practicable, shall immediately--
            (1) alert the local emergency dispatch center; and
            (2) notify the Secretary concerned of--
                    (A) the location of the wildfire; and
                    (B) the initial attack being undertaken.
    (d) Reimbursement of Costs.--The Secretary concerned shall not 
provide reimbursement or compensation to a person for undertaking an 
initial attack authorized under subsection (a).
    (e) Liability.--
            (1) Liability of persons.--A person undertaking an initial 
        attack authorized under subsection (a) shall not be subject to 
        enforcement, civil or criminal penalties, citizen suits, or any 
        other liability (including any liability for response costs, 
        damage to natural resources, or contribution) for undertaking 
        the initial attack.
            (2) Liability of the federal government.--The Secretary 
        concerned shall not be liable for an initial attack undertaken 
        by a person pursuant to subsection (a).
            (3) Savings clause.--Nothing in paragraph (1) limits the 
        liability of--
                    (A) any person not authorized to undertake an 
                initial attack under subsection (a);
                    (B) a person that was responsible for starting the 
                applicable fire; or
                    (C) a person described in section 3(a)(1) that was 
                not in compliance with the terms of the authorization 
                to carry out timber harvesting work or vegetation 
                management work provided by the Secretary concerned.

SEC. 5. FIRE PREVENTION MEASURES.

    As part of an authorization to carry out timber harvesting work or 
vegetation management work within the boundaries of a qualifying unit, 
the Secretary concerned shall--
            (1) establish and operate a decision support tool, to be 
        known as a ``project activity level'', to support regulation 
        for fire prevention purposes of an authorized party carrying 
        out timber harvesting work or vegetation management work within 
        the boundaries of the qualifying unit; and
            (2) require the authorized party to have appropriate 
        personnel, tools, and equipment onsite and immediately 
        available for suppressing operations fires, negligent fires, 
        and other fires in the work area.

SEC. 6. STATE AND LOCAL AGENCY RESPONSE.

    (a) In General.--The Secretary concerned may--
            (1) authorize any State or local firefighting agency to 
        undertake initial attack on a wildfire described in subsection 
        (b), including suppressing, containing, or extinguishing the 
        wildfire, without further approval by the Secretary concerned, 
        if consistent with the potential-fire response strategy for the 
        strategic response zone in which the wildfire is occurring; and
            (2) enter into partnerships with State and local 
        firefighting agencies to dispatch multiple firefighting 
        resources located near a wildfire described in subsection (b) 
        to undertake initial attack on the wildfire, including 
        suppressing, containing, or extinguishing the wildfire, if 
        consistent with the potential-fire response strategy for the 
        strategic response zone in which the wildfire is occurring.
    (b) Wildfire Described.--A wildfire referred to in subsection (a) 
is a wildfire that--
            (1) is located within the boundaries of a qualifying unit; 
        and
            (2) has burned not more than approximately 10 acres.
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