[Senate Report 117-121]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 427
117th Congress      }                           {             Report
                                 SENATE
 2d Session         }                           {            117-121
_______________________________________________________________________

 
     WILDLAND FIRE MITIGATION AND MANAGEMENT COMMISSION ACT OF 2021

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2150

               TO PREVENT CATASTROPHIC WILDLAND FIRES BY
            ESTABLISHING A COMMISSION TO STUDY AND RECOMMEND
           WILDLAND FIRE PREVENTION, MITIGATION, SUPPRESSION,
            MANAGEMENT, AND REHABILITATION POLICIES FOR THE
               FEDERAL GOVERNMENT, AND FOR OTHER PURPOSES

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 June 21, 2022.--Ordered to be printed
                 
                 
                 	        __________
                 	        
                 	        
                      U.S. GOVERNMENT PUBLISHING OFFICE      

29-010                        WASHINGTON : 2022                      


                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk




                                                      Calendar No. 427
117th Congress      }                           {             Report
                                 SENATE
 2d Session         }                           {            117-121

======================================================================




     WILDLAND FIRE MITIGATION AND MANAGEMENT COMMISSION ACT OF 2021

                                _______
                                

                 June 21, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2150]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2150) to prevent 
catastrophic wildland fires by establishing a commission to 
study and recommend wildland fire prevention, mitigation, 
suppression, management, and rehabilitation policies for the 
Federal Government, and for other purposes, having considered 
the same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6

                         I. PURPOSE AND SUMMARY

    S. 2150, the Wildland Fire Mitigation and Management 
Commission Act of 2021, establishes a commission to study the 
nation's wildland firefighting strategy and recommend specific 
policies to improve that strategy. The bill requires the 
commission to include a number of representative stakeholders, 
including federal agencies, state, local, and tribal government 
officials, and wildland firefighters. The bill also tasks the 
commission with making recommendations and reporting to 
Congress on forest management, aerial firefighting equipment 
needs, federal spending and budgeting for wildland fires, and 
long-term management strategies.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    The United States is experiencing an ongoing wildfire 
crisis.\1\ Fires, including some of the largest wildfires in 
the history of the United States, have engulfed millions of 
acres of wildlands over the past decade causing extensive 
property damage and resulting in loss of life.\2\ Wildfires are 
expected to continue growing in size and destructive potential 
in the foreseeable future.\3\ FEMA is required to respond to a 
rapidly increasing number of wildfires that are affecting 
communities, and government auditors have found deficiencies in 
FEMA's responses.\4\ In addition, current federal wildland fire 
policy is a patchwork of legislation and agency guidance, 
further complicated by mixed land ownership, and has not been 
comprehensively revaluated in more than a decade.\5\ A stronger 
interagency coordinated effort is needed to address the current 
wildfire risks across the country.
---------------------------------------------------------------------------
    \1\See, e.g., The Two Largest Wildfires in the US Have Burned Land 
Nearly the Size of New York City, Los Angeles, and Chicago Combined, 
CNN.com (July 31, 2021) (https://www.cnn.com/2021/07/31/weather/us-
western-wildfires-saturday/index.html).
    \2\See National Interagency Coordination Center, Wildland Fire 
Summary and Statistics Annual Report 2020, at 7-8 (2021); see also 
Congressional Research Service, Wildfire Statistics (IF10244) (July 15, 
2021).
    \3\See Congressional Research Service, Federal Wildfire Management: 
Ten-Year funding Trends and Issues (FY 2011-FY2020) (R46583) (Oct. 28, 
2020).
    \4\See Government Accountability Office, Wildfire Disasters: FEMA 
Could Take Additional Actions to Address Unique Response and Recovery 
Challenges, at 19-20 (GAO-20-5) (Oct. 9, 2019).
    \5\Senators Mitt Romney, Mark Kelly, and Representative John 
Curtis: Romney, Kelly, Curtis Introduce Legislation to Improve Wildfire 
Policy (June 21, 2021); see also Congressional Research Service, supra 
note 3 (describing the complicated mix of Federal agencies, programs, 
and appropriations covering wildfire management).
---------------------------------------------------------------------------
    The Wildland Fire Mitigation and Management Commission Act 
of 2021 would work to address this problem by establishing a 
commission of federal and non-federal stakeholders to study and 
recommend fire prevention, mitigation, management, and 
rehabilitation policies for forests and grasslands. The bill 
specifies a number of stakeholders who must be represented on 
the commission, including federal agencies, state, local, and 
tribal government officials from high risk states, wildland 
firefighters, public utilities, property developers, and 
environmental conservation nonprofits. The bill requires the 
commission to develop recommendations on preventing, 
mitigating, suppressing, and managing wildland fires, and also 
requires the commission to create a report for Congress on 
those topics. Additionally, S. 2150 requires a report on the 
nation's strategy to meet aerial firefighting equipment needs 
through 2030.

                        III. LEGISLATIVE HISTORY

    Senator Mitt Romney (R-UT) and Senator Mark Kelly (D-AZ) 
introduced S. 2150, the Wildland Fire Mitigation and Management 
Commission Act of 2021, on June 21, 2021. The bill was referred 
to the Senate Committee on Homeland Security and Governmental 
Affairs.
    The Committee considered S. 2150 at a business meeting on 
July 14, 2021. During the business meeting, Senator Romney 
offered a substitute amendment as modified that made several 
changes, including: striking an authorization for 
appropriation; adding a representative of wildland firefighters 
to the commission; updating the types of wildland fire 
mitigation technology the commission will examine; and 
requiring the commission to evaluate the use of prescribed 
burns and coordination among multijurisdictional landowners. 
The amendment, as modified, was adopted en bloc by voice vote 
with Senators Peters, Hassan, Rosen, Padilla, Ossoff, Portman, 
Johnson, Lankford, Romney, Scott, and Hawley present. The 
Committee ordered the bill, as amended, reported favorably en 
bloc by voice vote with Senators Peters, Hassan, Rosen, 
Padilla, Ossoff, Portman, Johnson, Lankford, Romney, Scott, and 
Hawley present.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section designates the name of the bill as the 
``Wildland Fire Mitigation and Management Commission Act of 
2021.''

Section 2. Definitions

    This section defines the terms ``appropriate committees of 
Congress,'' ``Commission,'' ``high-risk Indian tribal 
government,'' ``high-risk State,'' ``Indian tribal 
government,'' ``secretaries,'' ``state,'' and ``wildland-urban 
interface.''

Section 3. Establishment of commission

    Subsection (a) requires the Secretaries of Interior, 
Agriculture, and Homeland Security (Secretaries) to establish 
the commission within 30 days of enactment. It specifies that 
the commission will study and make recommendations to improve 
federal policies on (1) prevention, mitigation, suppression, 
and management of wildfires and (2) the rehabilitation of land 
devastated by wildfires.
    Subsection (b) specifies the composition of the commission. 
It requires the members, who must be appointed within 60 days 
of enactment, to include: the Secretaries or their designees 
(who are also co-chairpersons of the commission); nine 
representatives of specified federal departments or agencies 
appointed by the Secretaries; 18 state government 
representatives (especially high-risk states); county, 
municipal, and Tribal officials; industry and nonprofit 
representatives; and wildland firefighters.
    Subsection (c) establishes that members of the commission 
are appointed for the whole duration of the commission, and 
establishes a process for filing appointments.
    Subsection (d) requires the commission to hold its first 
meeting 30 days after the date which all members of the 
commission have been appointed, and further requires the 
commission to hold a meeting at least every 30 days. Subsection 
(d) also allows the commission to hold meetings by 
teleconference or video conference, and establishes that a 
majority of members constitutes a quorum (but is not required 
to hold hearings).

Section 4. Duties of commission

    Subsection (a) requires the commission to produce a report 
to Congress within one year after the first meeting of the 
commission, reporting on recommendations to mitigate and manage 
wildland fires. Specific short- and long-term policy 
recommendations, including recommendations on federal 
legislation, that must be in the report include: maximizing 
protection of life, water supplies, homes, and other essential 
structures; facilitating short- and long-term forest management 
in risk areas; managing wildland-urban boundaries and utility 
corridors; rehabilitating land devastated by wildfires; 
improving the capacity of the Agriculture and Interior 
departments to conduct hazardous fuel reduction projects; any 
possible exemptions or additional resources necessary to 
expedite or eliminate the requirement for environmental impact 
statements; recommendations to modernize and use technology to 
fight wildfires; an assessment of Federal spending on a number 
of programs related to wildfire management; and a review of the 
2014 national wildfire strategy.
    Subsection (b) specifies that the commission will produce 
an inventory of aerial wildland firefighting equipment within 
45 days of the commission's first meeting. It also specifies 
that the commission must produce a report for Congress within 
90 days of receiving that inventory outlining a strategy to 
meet the nation's aerial firefighting equipment needs through 
2030 in the most cost-effective manner, and that both the 
inventory and report shall be unclassified.
    Subsection (c) requires two-thirds of commission members to 
approve the recommendations in the reports under subsection (a) 
and (b).

Section 5. Powers of commission

    Subsection (a) provides that the commission can hold 
hearings, take testimony, and receive evidence to accomplish 
its goals.
    Subsection (b) requires federal departments and agencies to 
provide information to the commission if requested.
    Subsection (c) allows the commission to use the mail in the 
same manner as other federal departments and agencies.
    Subsection (d) allows the commission to accept and use 
gifts of services or property as necessary to accomplish its 
goals.

Section 6. Commission personnel matters

    Subsection (a) prohibits compensation for members of the 
commission.
    Subsection (b) allows travel expenses for commission 
members.
    Subsection (c) allows the commission chairpersons to 
appoint, compensate, and terminate commission personnel, 
including an executive director who must be confirmed by the 
commission.
    Subsection (d) allows federal employees to be detailed to 
the commission without reimbursement.
    Subsection (e) allows the commission chairpersons to 
procure temporary and intermittent personnel services.

Section 7. Termination of commission

    This section specifies that the commission will end 180 
days after the submission of its reports to Congress.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 29, 2021.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2150, the Wildland 
Fire Mitigation and Management Commission Act of 2021.
    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]
    

    S. 2150 would direct the Department of the Interior, the 
Department of Agriculture, and the Federal Emergency Management 
Agency to jointly establish a commission composed of 
representatives from federal agencies and nonfederal members to 
study the prevention, suppression, and management of wildfires.
    Under the bill, the commission would be required to meet 
monthly and, within one year of its first meeting, report to 
the Congress on federal spending related to wildfire 
management, wildfire response coordination between different 
levels of governments, and policy recommendations. The 
commission would terminate 180 days after submitting that 
report. S. 2150 also would direct the Department of Defense to 
inventory surplus cargo and aircraft parts that could be used 
for aerial firefighting. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
$1 million over the 2022-2026 period; any spending would be 
subject to the availability of appropriated funds.
    S. 2150 would authorize the commission to accept, use, and 
dispose of donations of services and property. CBO expects that 
any proceeds, which would be classified in the budget as 
offsetting receipts or reductions in direct spending, from the 
disposal of donated property would be insignificant over the 
2022-2031 period.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]