[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4274 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4274
To authorize the Secretary of Agriculture to transfer title to certain
aircraft and related parts loaned under the Federal Excess Personal
Property program to authorized users after a qualifying period of use,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2026
Mr. Sheehy (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to transfer title to certain
aircraft and related parts loaned under the Federal Excess Personal
Property program to authorized users after a qualifying period of use,
and for other purposes.
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 ``Wildfire Investment and Next
Generation Stewardship Act'' or the ``WINGS Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Since 1956, the Department of Agriculture has operated
a Federal Excess Personal Property program through which the
Forest Service acquires excess property, primarily from the
Department of Defense, and loans such property to State
foresters for wildland and rural firefighting purposes.
(2) State and local firefighting agencies have successfully
used aircraft and related parts obtained through the Federal
Excess Personal Property program to protect lives, property,
and natural resources for extended periods, often exceeding 10
years.
(3) After lengthy periods of use, maintenance, and
investment by authorized users, uncertainty regarding ownership
and disposal authority can create operational and planning
difficulties.
(4) Authorizing transfer of title to aircraft and
serviceable aircraft parts after a qualifying period of
responsible use will improve asset management, reduce
administrative burden, and recognize the substantial investment
made by State and local agencies in maintaining and operating
such property.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of Agriculture to transfer title to certain aircraft and related parts
loaned under the Federal Excess Personal Property program to authorized
users that have demonstrated responsible stewardship over a sustained
period.
SEC. 3. TRANSFER OF TITLE TO CERTAIN AIRCRAFT AND RELATED PARTS LOANED
UNDER FEDERAL EXCESS PERSONAL PROPERTY PROGRAM.
(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' means any fixed wing
or rotary wing aircraft, including installed equipment and
associated components, that is made available to an authorized
user under a Federal Excess Personal Property program.
(2) Authorized user.--The term ``authorized user'' means a
State, political subdivision of a State, or other entity that
is eligible to receive, and has received, aircraft or
serviceable aircraft parts under the Federal Excess Personal
Property program.
(3) Federal excess personal property program.--The term
``Federal Excess Personal Property program'' means the program
(or a successor program) administered by the Secretary under
which aircraft and serviceable aircraft parts are provided to
authorized users for the purpose of wildland or rural
firefighting.
(4) Good standing.--The term ``good standing'' means, with
respect to an authorized user and an aircraft or serviceable
aircraft part, that, as determined by the Secretary, the
authorized user--
(A) is, as of the date of the determination, in
compliance with--
(i) all applicable statutes, regulations,
and written program requirements of the
Department of Agriculture relating to property
provided under the Federal Excess Personal
Property program; and
(ii) the terms and conditions of any
agreement or instrument under which the
aircraft or serviceable aircraft part was made
available to the authorized user;
(B) has timely submitted all required inventories,
reports, certifications, and other documentation
relating to the aircraft or serviceable aircraft part,
as determined by the Secretary;
(C) has not misused, sold, leased, encumbered,
transferred, or otherwise disposed of the aircraft or
serviceable aircraft part in violation of any
applicable requirement or agreement;
(D) has maintained accurate and current inventory
records of all serviceable aircraft parts in the
possession of the authorized user, whether installed or
uninstalled, in accordance with requirements under the
Federal Excess Personal Property program; and
(E) is not, as of the date of the determination,
subject to any suspension, debarment, or other formal
enforcement action by the Department of Agriculture
that relates to the aircraft, the serviceable aircraft
parts, or the Federal Excess Personal Property program.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Serviceable aircraft part.--The term ``serviceable
aircraft part'' means any component, assembly, subassembly,
spare part, accessory, support equipment, or other item of
equipment, regardless of whether it is currently installed on
an aircraft, that is--
(A) designed for use on, or in support of the
maintenance or operation of, an aircraft;
(B) made available to an authorized user under a
Federal Excess Personal Property program administered
by the Secretary; and
(C) determined by the authorized user, in
accordance with applicable maintenance standards and
Federal Excess Personal Property program requirements,
to be--
(i) in serviceable condition; or
(ii) capable of being restored to
serviceable condition through overhaul or
maintenance.
(b) Authority To Transfer Title.--
(1) In general.--Notwithstanding any other provision of law
governing the retention of title to property made available
under the Federal Excess Personal Property program, the
Secretary may transfer all right, title, and interest of the
United States in and to an aircraft or serviceable aircraft
part to the authorized user that has received the aircraft or
serviceable aircraft part if the requirements of subsection (c)
or (d), as applicable, are satisfied.
(2) Effect of transfer.--Upon a transfer under paragraph
(1)--
(A) the United States shall have no further
ownership interest in the aircraft or serviceable
aircraft part; and
(B) the authorized user shall assume full ownership
of the aircraft or serviceable aircraft part, subject
to--
(i) any conditions imposed under subsection
(e); and
(ii) any applicable Federal law, including
laws relating to export controls and national
security.
(c) Eligibility for Transfer of Aircraft.--The Secretary may
approve the transfer of right, title, and interest in and to an
aircraft to an authorized user under subsection (b) only if the
Secretary determines that--
(1) the authorized user has had continuous possession of
the aircraft for not fewer than 10 years beginning on the date
the aircraft was first received by the authorized user under
the Federal Excess Personal Property program, whether used for
operational purposes or as a source of serviceable parts;
(2) as of the date of the determination, the authorized
user is in good standing with respect to the aircraft; and
(3) the transfer would not be inconsistent with--
(A) any statutory limitation or condition governing
the original furnishing of the aircraft to the
Department of Agriculture by another Federal department
or agency; or
(B) any applicable national security, export
control, or similar restriction, as determined by the
Secretary in consultation, as appropriate, with the
Secretary of Defense and the heads of any other
relevant Federal agencies.
(d) Eligibility for Transfer of Serviceable Aircraft Parts.--The
Secretary may approve the transfer of right, title, and interest in and
to a serviceable aircraft part to an authorized user under subsection
(b) only if the Secretary determines that--
(1) the authorized user--
(A) has had continuous possession of the
serviceable aircraft part for not fewer than 5 years
beginning on the date the serviceable aircraft part was
first received by the authorized user under the Federal
Excess Personal Property program; or
(B) has had continuous possession of an aircraft
under the Federal Excess Personal Property program for
not fewer than 10 years and the serviceable aircraft
part was received in support of that aircraft,
regardless of when the serviceable aircraft part was
received;
(2) as of the date of the determination, the authorized
user is in good standing with respect to the serviceable
aircraft part;
(3) the authorized user has maintained accurate and current
inventory records of the serviceable aircraft part in
accordance with standards established by the Secretary,
including documentation of the condition, location, and
intended use of the serviceable aircraft part; and
(4) the transfer would not be inconsistent with--
(A) any statutory limitation or condition governing
the original furnishing of the serviceable aircraft
part to the Department of Agriculture by another
Federal department or agency; or
(B) any applicable national security, export
control, or similar restriction, as determined by the
Secretary in consultation, as appropriate, with the
Secretary of Defense and the heads of any other
relevant Federal agencies.
(e) Conditions on Transfers.--
(1) In general.--As a condition of approving a transfer
under this section, the Secretary may require the authorized
user to agree, in such form as the Secretary may prescribe, to
1 or more of the following:
(A) That, for a period not to exceed 5 years
beginning on the date of transfer, the authorized user
will continue to use any aircraft transferred under
this section primarily--
(i) for public purposes consistent with the
purposes of the Federal Excess Personal
Property program, which may include wildland
fire suppression, other emergency response,
public safety missions, and training in support
of those missions; or
(ii) as a source of serviceable aircraft
parts to support other aircraft used for the
public purposes described in clause (i).
(B) That, for a period not to exceed 3 years
beginning on the date of transfer, the authorized
user--
(i) will use any serviceable aircraft parts
transferred under this section for purposes
consistent with the maintenance, repair,
overhaul, or operational support of aircraft
used for the public purposes described in
subparagraph (A)(i); and
(ii) will not use any serviceable aircraft
parts transferred under this section for
commercial resale or distribution except with
the prior written consent of the Secretary.
(C) That, for a period not to exceed 5 years
beginning on the date of transfer, the authorized user
will not sell, lease, encumber, export, or otherwise
dispose of the aircraft or serviceable aircraft parts
transferred under this section except--
(i) with the prior written consent of the
Secretary; or
(ii) in accordance with such conditions as
the Secretary may establish by regulation.
(D) That, for a period not to exceed 5 years
beginning on the date of transfer, the authorized user
will maintain such records relating to the use and
disposition of the aircraft or serviceable aircraft
parts, and will make such records available to the
Secretary upon reasonable request, as the Secretary may
require.
(2) Modification or waiver.--The Secretary may, on a case-
by-case basis, modify or waive the application, in whole or in
part, of one or more conditions imposed under paragraph (1) if
the Secretary determines that such modification or waiver is
necessary--
(A) to protect public safety;
(B) to comply with other applicable Federal law;
(C) because continued use of the aircraft or
serviceable aircraft part by the authorized user is no
longer practicable; or
(D) to facilitate appropriate maintenance,
overhaul, or repair activities.
(f) Application and Determination.--
(1) Application.--An authorized user seeking a transfer of
an aircraft or serviceable aircraft part under this section
shall submit to the Secretary an application at such time, in
such form, and containing such information as the Secretary may
require, including--
(A) documentation of the date on which the aircraft
or serviceable aircraft part was first received or
placed into service by the authorized user;
(B) if the application relates to one or more
serviceable aircraft parts, a complete and current
inventory of all such serviceable aircraft parts for
which transfer is requested, including information on
the condition, location, and intended or actual use of
each serviceable aircraft part;
(C) information sufficient for the Secretary to
determine whether the authorized user is in good
standing with respect to the aircraft or serviceable
aircraft part; and
(D) any certifications or other assurances required
by the Secretary regarding intended future use and
compliance with conditions imposed under subsection
(e).
(2) Timeline for decision.--Not later than 180 days after
the date on which the Secretary receives a complete application
under paragraph (1), the Secretary shall approve or deny the
application.
(3) Denial.--If the Secretary denies an application
submitted under paragraph (1), the Secretary shall provide to
the authorized user a written notification of the denial that--
(A) states the reasons for the denial; and
(B) identifies, to the extent practicable, any
actions the authorized user may take to cure the
deficiencies and become eligible for a future transfer
with respect to that aircraft, that serviceable
aircraft part, or other aircraft or serviceable
aircraft parts.
(g) Regulations and Guidance.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall promulgate such
regulations, or issue such revisions to regulations or written
guidance, as the Secretary determines to be necessary to carry out this
section, including--
(1) objective criteria and procedures for determining
whether an authorized user is in good standing;
(2) standards for inventory management, tracking, and
reporting of serviceable aircraft parts, including serviceable
aircraft parts not installed on an aircraft and serviceable
aircraft parts that require overhaul or maintenance before
installation;
(3) standards and procedures for evaluating applications
and making determinations under subsection (f), including
verification of parts inventories and condition assessments;
(4) model terms and conditions for agreements entered into
under subsection (e), with separate or tailored conditions for
aircraft and for serviceable aircraft parts; and
(5) safeguards, including any necessary coordination with
other Federal departments or agencies, to ensure compliance
with statutory limitations and with national security, export
control, and similar requirements.
(h) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit any other authority of the Secretary--
(A) to transfer title to property;
(B) to reclaim property; or
(C) to impose conditions on the participation of an
authorized user in the Federal Excess Personal Property
program; or
(2) to affect any law applicable to the original transfer
of an aircraft or serviceable aircraft part to the Department
of Agriculture by another Federal department or agency.
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