Federal

Forest Protection and Wildland Firefighter Safety Act of 2023

Source: Congress.gov · 383 words in original text

What This Bill Does

This bill removes the need for federal agencies, state governments, local governments and tribal governments to get permits before releasing fire retardant (a chemical substance sprayed to slow wildfires) into waterways. Currently, these agencies must follow the National Pollutant Discharge Elimination System permitting requirements under the Federal Water Pollution Control Act.

Who It Affects

- The Forest Service - The National Park Service - The Bureau of Land Management - The United States Fish and Wildlife Service - The Bureau of Indian Affairs - The Federal Emergency Management Agency - State governments - Political subdivisions (counties, cities) of states - Tribal governments

Key Provisions

- Federal land management agencies do not need permits when discharging fire retardant during fire suppression, control, or prevention activities (Sec. 2(b)) - State governments do not need permits when discharging fire retardant during fire suppression, control, or prevention activities (Sec. 2(b)) - Political subdivisions of states do not need permits when discharging fire retardant during fire suppression, control, or prevention activities (Sec. 2(b)) - Tribal governments do not need permits when discharging fire retardant during fire suppression, control, or prevention activities (Sec. 2(b))

What Changes

If this bill becomes law, fire retardant releases during firefighting operations will no longer require permits under the Federal Water Pollution Control Act's section 402 permitting process.

Important Definitions

Federal land management agency means: the Forest Service, the National Park Service, the Bureau of Land Management, the United States Fish and Wildlife Service, the Bureau of Indian Affairs, and the Federal Emergency Management Agency (Sec. 2(a))

Effective Date

Not specified in bill text

II 118TH CONGRESS 1ST SESSION S. 796 To exempt discharges of fire retardant by Federal land management agencies, State governments, political subdivisions of States, and Tribal govern- ments from the permitting requirements of the National Pollutant Dis- charge Elimination System, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 14, 2023 Ms. LUMMIS (for herself, Mr. CRAPO, Mr. RISCH, Mr. DAINES, and Mr. SUL- LIVAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To exempt discharges of fire retardant by Federal land man- agement agencies, State governments, political subdivi- sions of States, and Tribal governments from the permit- ting requirements of the National Pollutant Discharge Elimination System, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Forest Protection and 4 Wildland Firefighter Safety Act of 2023’’. 5 VerDate Sep 11 2014 03:56 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S796.IS S796 kjohnson on DSK79L0C42PROD with BILLS 2 •S 796 IS SEC. 2. PERMITTING REQUIREMENTS FOR CERTAIN DIS- 1 CHARGES OF FIRE RETARDANT. 2 (a) DEFINITION OF FEDERAL LAND MANAGEMENT 3 AGENCY.—In this section, the term ‘‘Federal land man- 4 agement agency’’ means— 5 (1) the Forest Service; 6 (2) the National Park Service; 7 (3) the Bureau of Land Management; 8 (4) the United States Fish and Wildlife Service; 9 (5) the Bureau of Indian Affairs; and 10 (6) the Federal Emergency Management Agen- 11 cy. 12 (b) NO PERMITTING REQUIRED.—Notwithstanding 13 any provision of the Federal Water Pollution Control Act 14 (33 U.S.C. 1251 et seq.), a permit under section 402 of 15 such Act (33 U.S.C. 1342) shall not be required for the 16 discharge of fire retardant in connection with fire suppres- 17 sion, control, or prevention activities carried out by a Fed- 18 eral land management agency, a State government, a po- 19 litical subdivision of a State, or a Tribal government. 20 Æ VerDate Sep 11 2014 03:56 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S796.IS S796 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.