[House Report 116-606]
[From the U.S. Government Publishing Office]
116th Congress } { Rept. 116-606
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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AERIAL INCURSION REPERCUSSION SAFETY ACT OF 2020
_______
December 2, 2020.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 5040]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5040) to direct the Director of the Bureau of
Land Management to study the effects of drone incursions on
wildfire suppression, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aerial Incursion Repercussion Safety
Act of 2020'' or the ``AIR Safety Act of 2020''.
SEC. 2. STUDY ON EFFECTS OF DRONE INCURSIONS ON WILDFIRE SUPPRESSION.
(a) Study Required.--The Director of the Bureau of Land Management,
in consultation with the Chief of the Forest Service and the National
Association of State Foresters, shall conduct a study on the effects of
drone incursions on the suppression of wildfires with respect to lands
managed by the Department of the Interior or the Department of
Agriculture.
(b) Study Contents.--In conducting the study required under
subsection (a), the Director shall--
(1) determine, for each of the five most recently completed
calendar years, the number of occurrences in which a drone
incursion interfered with wildfire suppression and the effect
of each such occurrence on--
(A) the length of time required to achieve complete
suppression;
(B) the effectiveness of aerial firefighting
responses; and
(C) the amounts expended by the Federal Government;
and
(2) evaluate the feasibility and effectiveness of various
actions to prevent drone incursions, including--
(A) the use of reasonable force to disable, damage,
or destroy a drone;
(B) the seizure of a drone, including seizure with a
net device; and
(C) the dissemination of education materials relating
to the effects of drone incursions on wildfire
suppression.
(c) Report.--Not later than 18 months after the date of the enactment
of this Act, the Director shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the findings of the
study required under subsection (a) and any recommendations of the
Director relating to such findings.
(d) Definitions.--In this section:
(1) Drone.--The term ``drone'' means an unmanned aircraft
system owned by a private individual or entity.
(2) Drone incursion.--The term ``drone incursion'' means the
operation of a drone within any airspace for which the
Administrator of the Federal Aviation Administration has issued
a temporary flight restriction because of a wildfire.
(3) Wildfire suppression.--The term ``wildfire suppression''
has the meaning given such term in section 46320(d) of title
49, United States Code.
PURPOSE OF THE BILL
The purpose of H.R. 5040 is to direct the Director of the
Bureau of Land Management to study the effects of drone
incursions on wildfire suppression, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
When people fly drones near wildfires, federal land
management agencies engaging in wildland fire suppression
activities often ground their aircraft to avoid potential
midair collisions. These airborne response delays pose threats
to firefighters on the ground and to nearby communities, and
they may undermine suppression efforts and allow wildfires to
grow larger. Although the Federal Aviation Administration (FAA)
often implements Temporary Flight Restrictions (TFRs) around
wildfires to protect aircraft involved in suppression
operations, and although it is a federal crime to interfere
with wildfire suppression efforts on public lands irrespective
of a TFR, interferences from private drones have rapidly
increased in recent years. According to the FAA, there are more
than 100 documented cases of unauthorized drone incursions near
wildfires.\1\
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\1\FAA, Drones & Wildfires Digital Toolkit: Drones and Wildfires
are a Toxic Mix (2019), https://www.faa.gov/uas/media/
FAA_drones_wildfires_toolkit.pdf.
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H.R. 5040 requires the Bureau of Land Management, in
consultation with the U.S. Forest Service and the National
Association of State Foresters, to conduct a study on the
impacts and costs of unauthorized drone incursions on wildland
fire suppression with respect to lands managed by the
Department of the Interior or the Department of Agriculture.
The bill raises awareness on the impacts of drone incursions on
wildland fire suppression while examining ways to avoid future
incursions.
COMMITTEE ACTION
H.R. 5040 was introduced on November 12, 2019, by
Representative John Curtis (R-UT). The bill was referred to the
Committee on Natural Resources, and in addition to the
Committee on Agriculture. Within the Natural Resources
Committee, the bill was referred to the Subcommittee on
National Parks, Forests, and Public Lands. On June 18, 2020,
the Subcommittee held a hearing on the bill. On July 29, 2020,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Rep. Curtis
offered an amendment designated Curtis #1. The amendment was
agreed to by unanimous consent. No additional amendments were
offered, and the bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 5040: legislative hearing by the Subcommittee on
National Parks, Forests, and Public Lands held on June 18,
2020.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 30, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5040, the AIR
Safety Act of 2020.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 5040 would direct the Bureau of Land Management (BLM)
to study how drone incursions affect the suppression of
wildfires on federal land. The agency would be required to
submit that study and any recommendations to the Congress.
Based on the costs of similar tasks, CBO estimates that any
costs incurred by BLM to implement H.R. 5040 would be
insignificant over the 2021-2025 period; any spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to direct the Director of the
Bureau of Land Management to study the effects of drone
incursions on wildfire suppression.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]