118 HR 1586 RH: Forest Protection and Wildland Firefighter Safety Act of 2023
U.S. House of Representatives
2024-12-16
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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.
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Union Calendar No. 723
118th CONGRESS
2d Session
H. R. 1586
[Report No. 118–721, Parts I and II]
IN THE HOUSE OF REPRESENTATIVES
March 14, 2023
Mr. LaMalfa (for himself, Mr. Panetta, Mr. Newhouse, Mr. Fulcher, Mr. Austin Scott of Georgia, Mr. McClintock, Mrs. Radewagen, Mr. Nehls, Mrs. Boebert, Mr. Crawford, Mrs. Kim of California, Mr. Zinke, Mr. Garamendi, Mr. Moore of Utah, Mr. Owens, Mr. Simpson, Mr. Kelly of Mississippi, Mr. Calvert, Mr. Stauber, Mr. Issa, Mrs. Miller of Illinois, Mr. Kiley, Mr. Rosendale, Mr. Costa, and Ms. Hageman) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
October 25, 2024
Reported from the Committee on Natural Resources with amendments
Strike out all after the enacting clause and insert the part printed in italic
December 16, 2024
Additional sponsors: Mr. Moore of Alabama, Mr. Obernolte, Mr. Valadao, Mr. Duarte, Mr. Moylan, Mr. Stewart, Mr. Bacon, Mr. Bentz, Mr. Rouzer, Mr. Amodei, Mr. Carbajal, Mr. Gosar, Ms. Maloy and Mr. Lopez
December 16, 2024
Reported from the Committee on Transportation and Infrastructure with an amendment
Strike out all after the enacting clause and insert the part printed in boldface roman
December 16, 2024
Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on March 14, 2023
A BILL
To allow the Secretary of the Interior and the Secretary of Agriculture to use a fire retardant, chemical, or water for fire suppression, control, or prevention activities.
1.

Short title
This Act may be cited as the “Forest Protection and Wildland Firefighter Safety Act of 2023”.
2.

Permitting requirements for certain discharges of fire retardant
(a)

Authorized uses
The Secretary of the Interior and the Secretary of Agriculture are each authorized to discharge a fire retardant, chemical, or water from aircraft for fire suppression, control, or prevention activities.
(b)

Permitting requirements
Notwithstanding any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), a permit under section 402 of such Act (33 U.S.C. 1342) shall not be required for the activities authorized by subsection (a) or for similar activities conducted by a covered entity.
(c)

Definition
In this section, the term covered entity means—
(1)
the Forest Service;
(2)
the National Park Service;
(3)
the Bureau of Land Management;
(4)
the United States Fish and Wildlife Service;
(5)
the Bureau of Indian Affairs;
(6)
the Federal Emergency Management Agency;
(7)
a State (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)) or a political subdivision thereof;
(8)
a Tribal government; and
(9)
the Department of Defense.
Amend the title so as to read: “A bill to allow the Secretary of the Interior and the Secretary of Agriculture to use a fire retardant, chemical, or water from aircraft for fire suppression, control, or prevention activities.”.
1.

Short title
This Act may be cited as the “Forest Protection and Wildland Firefighter Safety Act of 2023”.
2.

Safe harbor for certain discharges of wildland fire chemicals
(a)

In general
Subject to subsection (b), no court may enjoin under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) a covered entity from conducting an aerial application of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities that results in a discharge, if such aerial application is conducted in accordance with the requirements of the Federal Facility Compliance Agreement between the Environmental Protection Agency and the U.S. Forest Service, as agreed to on February 16, 2023.
(b)

Period of application
Subsection (a) shall apply to any aerial application described in such subsection that is conducted before the effective date of a permit issued by the Administrator of the Environmental Protection Agency or a State, as applicable, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) that authorizes the discharge, from such aerial application, of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities.
(c)

Effect
Nothing in this section affects the authority of any court under the Federal Water Pollution Control Act with respect to any discharge resulting from an aerial application not conducted in accordance with the requirements described in subsection (a).
(d)

Definitions
In this section:
(1)

Covered entity
The term “covered entity” means—
(A)
any Federal agency, agency of a State or political subdivision thereof, or Tribal agency, authorized by law to conduct an aerial application of fire retardants and water enhancers for wildfire suppression, control, or prevention activities; and
(B)
any contractor, subcontractor, or other agent of an agency described in subparagraph (A).
(2)

Covered fire retardant and water enhancer
The term “covered fire retardant and water enhancer” means a fire retardant and water enhancer that—
(A)
has been evaluated, qualified, and approved by the Secretary of Agriculture; and
(B)
appears on the most current Forest Service Qualified Products List.
(3)

Discharge; State
The terms “discharge” and “State” have the meanings given those terms in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
(e)

Sunset
This section shall cease to be effective on the date that is 5 years after the date of enactment of this section.
December 16, 2024
Reported from the Committee on Transportation and Infrastructure with an amendment
December 16, 2024
Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed