117 S4935 IS: More Hasty Response to Firefighting Act of 2022 U.S. Senate 2022-09-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4935IN THE SENATE OF THE UNITED STATESSeptember 22, 2022Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo 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.

1.

Short title

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

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.

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.

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.

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.

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.