Wildfire Suppression Aircraft Transfer Act of 1996 Public Law 104–307, as amended Wildfire Suppression Aircraft Transfer Act of 1996 307 119–18 Statute Compilation United States House of Representatives Office of the Legislative Counsel 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. GPO Statute Compilations USLM converter, version 20240419 2025-06-27 Wildfire Suppression Aircraft Transfer Act of 1996 698 104 1996-10-14 Wildfire Suppression Aircraft Transfer Act of 1996 [(Public Law 104–307; approved Oct. 14, 1996)] [As Amended Through P.L. 119–18, Enacted June 12, 2025] [Currency: This publication is a compilation of the text of Public Law 104-307. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1. SHORT TITLE. This Act may be cited as the “Wildfire Suppression Aircraft Transfer Act of 1996”.
SEC. 2. [10 U.S.C. 2576 note] AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE SUPPRESSION PURPOSES. (a) Authority.—(1) Notwithstanding subchapter II of chapter 5 of title 40, United States Code, and subject to subsections (b) and (c), the Secretary of Defense may, during the period specified in subsection (g), sell the aircraft and aircraft parts referred to in paragraph (2) to persons or entities that contract with the Federal Government for the delivery of fire retardant or water by air in order to suppress wildfire. (2) Paragraph (1) applies to aircraft and aircraft parts of the Department of Defense that are determined by the Secretary to be— (A) excess to the needs of the Department; and (B) acceptable for commercial sale. (b) Conditions of Sale.—Aircraft and aircraft parts sold under subsection (a) may be used only for the provision of aircraft services for wildfire suppression purposes. (c) Certification of Persons and Entities.—The Secretary of Defense may sell aircraft and aircraft parts to a person or entity under subsection (a) only if the Secretary of Agriculture certifies to the Secretary of Defense, in writing, before the sale that the person or entity is capable of meeting the terms and conditions of a contract to deliver fire retardant or water by air. (d) Regulations.—(1) As soon as practicable after October 14, 1996, the Secretary of Defense shall, in consultation with the Secretary of Agriculture and the Administrator of General Services, prescribe regulations relating to the sale of aircraft and aircraft parts under this section. The regulations prescribed under this paragraph shall be effective until the end of the period specified in subsection (g). (2) The regulations shall— (A) ensure that the sale of the aircraft and aircraft parts is made at fair market value (as determined by the Secretary of Defense) and, to the extent practicable, on a competitive basis; (B) require a certification by the purchaser that the aircraft and aircraft parts will be used only in accordance with the conditions set forth in subsection (b); (C) establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other end users in accordance with the conditions set forth in subsections (b) and (e); and (D) ensure, to the maximum extent practicable, that the Secretary consults with the Administrator of General Services and with the heads of appropriate departments and agencies of the Federal Government regarding alternative requirements for such aircraft and aircraft parts before the sale of such aircraft and aircraft parts under this section. (e) Additional Terms and Conditions.—The Secretary of Defense may require such other terms and conditions in connection with each sale of aircraft and aircraft parts under this section as the Secretary considers appropriate for such sale. Such terms and conditions shall meet the requirements of the regulations prescribed under subsection (d). (f) Report.—Not later than March 31, 2005, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the Secretary's exercise of authority under this section. The report shall set forth— (1) the number and type of aircraft sold under the authority, and the terms and conditions under which the aircraft were sold; (2) the persons or entities to which the aircraft were sold; and (3) an accounting of the current use of the aircraft sold. (g) Period for Exercise of Authority.—The period specified in this subsection is the period beginning on the date of the enactment of the Aerial Firefighting Enhancement Act of 2025 and ending on October 1, 2035. (h) Construction.—Nothing in this section may be construed as affecting the authority of the Administrator of the Federal Aviation Administration under any other provision of law.