Western Wildfire Support Act of 2024

II Calendar No. 582 118TH CONGRESS 2D SESSION S. 1764 To improve Federal activities relating to wildfires, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 31 (legislative day, MAY 30), 2023 Ms. CORTEZ MASTO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources NOVEMBER 21, 2024 Reported by Mr. MANCHIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To improve Federal activities relating to wildfires, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Western Wildfire Support Act of 2023’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1764 RS Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—PREPARATION Sec. 101. Firefighting accounts. Sec. 102. Reimbursement for wildfires caused by military training. Sec. 103. Strategic wildland fire management planning. Sec. 104. Accounts to assist communities in planning and preparing for wildfires. Sec. 105. Community support during disaster response. TITLE II—WILDFIRE DETECTION AND SUPPRESSION SUPPORT Sec. 201. Wildfire detection equipment. Sec. 202. Grant program for slip-on tank units. Sec. 203. Assistance to States for operation of air tankers. Sec. 204. Research and development of unmanned aircraft system fire applica- tions. Sec. 205. Study on effects of drone incursions on wildfire suppression. Sec. 206. Study on wildfire detection equipment and integration of artificial in- telligence technologies. TITLE III—POST-FIRE RECOVERY SUPPORT Sec. 301. Funding for online guides for post-fire assistance. Sec. 302. Long-Term Burned Area Recovery account. Sec. 303. Prize for wildfire-related invasive species reduction. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CONGRESSIONAL COMMITTEES.—The term 3 ‘‘congressional committees’’ means— 4 (A) the Committee on Energy and Natural 5 Resources and the Committee on Appropria- 6 tions of the Senate; and 7 (B) the Committee on Natural Resources 8 and the Committee on Appropriations of the 9 House of Representatives. 10 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 11 means— 12 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1764 RS (A) public lands (as defined in section 103 1 of the Federal Land Policy and Management 2 Act of 1976 (43 U.S.C. 1702)); 3 (B) units of the National Park System; 4 (C) units of the National Wildlife Refuge 5 System; 6 (D) land held in trust by the United States 7 for the benefit of Indian Tribes or members of 8 an Indian Tribe; and 9 (E) land in the National Forest System. 10 (3) NATIONAL FOREST SYSTEM.— 11 (A) IN GENERAL.—The term ‘‘National 12 Forest System’’ has the meaning given the term 13 in section 11(a) of the Forest and Rangeland 14 Renewable Resources Planning Act of 1974 (16 15 U.S.C. 1609(a)). 16 (B) EXCLUSION.—The term ‘‘National 17 Forest System’’ does not include— 18 (i) the national grasslands and land 19 utilization projects administered under title 20 III of the Bankhead-Jones Farm Tenant 21 Act (7 U.S.C. 1010 et seq.); or 22 (ii) National Forest System land east 23 of the 100th meridian. 24 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1764 RS (4) SECRETARIES.—The term ‘‘Secretaries’’ 1 means— 2 (A) the Secretary of the Interior; and 3 (B) the Secretary of Agriculture. 4 (5) SECRETARY CONCERNED.—The term ‘‘Sec- 5 retary concerned’’ means— 6 (A) the Secretary of the Interior, in the 7 case of Federal land under the jurisdiction of 8 the Secretary of the Interior; and 9 (B) the Secretary of Agriculture, in the 10 case of Federal land under the jurisdiction of 11 the Secretary of Agriculture. 12 TITLE I—PREPARATION 13 SEC. 101. FIREFIGHTING ACCOUNTS. 14 (a) ESTABLISHMENT OF ACCOUNTS.—There are es- 15 tablished in the Treasury of the United States the fol- 16 lowing accounts: 17 (1) The Firefighting Operations account for the 18 Department of Agriculture. 19 (2) The Firefighting Operations account for the 20 Department of the Interior. 21 (b) BUDGET ACTIVITIES WITHIN ACCOUNTS.—The 22 following activities shall be specified for funding within 23 each Firefighting Operations account established by sub- 24 section (a): 25 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1764 RS (1) Ground-based firefighting operations. 1 (2) Aircraft use in firefighting operations. 2 (c) AUTHORIZATION OF APPROPRIATIONS.— 3 (1) GROUND-BASED FIREFIGHTING OPER- 4 ATIONS.— 5 (A) DEPARTMENT OF AGRICULTURE.— 6 There is authorized to be appropriated for fiscal 7 year 2024 and each fiscal year thereafter to the 8 account established by subsection (a)(1) not 9 more than $3,000,000,000 for ground-based 10 firefighting operations. 11 (B) DEPARTMENT OF THE INTERIOR.— 12 There is authorized to be appropriated for fiscal 13 year 2024 and each fiscal year thereafter to the 14 account established by subsection (a)(2) not 15 more than $1,000,000,000 for ground-based 16 firefighting operations. 17 (2) AIRCRAFT USE IN FIREFIGHTING OPER- 18 ATIONS.—There is authorized to be appropriated for 19 fiscal year 2024 and each fiscal year thereafter to 20 the accounts established by subsection (a), a total 21 amount of not more than $500,000,000 for aircraft 22 use in firefighting operations. 23 (d) PRESIDENTIAL BUDGET REQUESTS.—For fiscal 24 year 2025 and each fiscal year thereafter, each Secretary 25 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1764 RS concerned shall submit through the budget request of the 1 President and in accordance with subsection (c), a request 2 for amounts in the Wildland Fire Management appropria- 3 tion account of the Secretary concerned to carry out the 4 activities described in subsection (e). 5 (e) AUTHORIZED ACTIVITIES.— 6 (1) IN GENERAL.—The Secretaries shall use 7 amounts provided to the respective accounts estab- 8 lished under subsection (a) as follows: 9 (A) The Secretary of Agriculture shall use 10 amounts appropriated under subsection 11 (c)(1)(A) to carry out management activities for 12 active wildfires through the Forest Service, ex- 13 cept that none of the amounts may be used for 14 the operation of aircraft. 15 (B) The Secretary of the Interior shall use 16 amounts appropriated under subsection 17 (c)(1)(B) to carry out management activities 18 for active wildfires, except that none of the 19 amounts may be used for the operation of air- 20 craft. 21 (C) The Secretary concerned shall use 22 amounts appropriated under subsection (c)(2) 23 to acquire, by contract or purchase, and use 24 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 1764 RS aircraft, including unmanned aerial systems, for 1 operations relating to wildland fires. 2 (2) LIMITATION.—The Secretary concerned 3 shall not use to carry out any activity authorized by 4 paragraph (1)(C) amounts appropriated to accounts 5 of the Secretary concerned other than amounts in 6 the accounts established by subsection (a) specified 7 for activities described in subsection (b)(2). 8 (f) ACCOUNTING REPORTS.— 9 (1) IN GENERAL.—Each Secretary concerned 10 shall submit to the congressional committees month- 11 ly accounting reports regarding the amounts that 12 have been obligated and expended under this section 13 during the preceding month of the applicable fiscal 14 year. 15 (2) INCLUSIONS.—Each report under para- 16 graph (1) shall include a description of, with respect 17 to the period covered by the report— 18 (A) Federal ground-based equipment costs; 19 (B) Federal aircraft use costs; 20 (C) Federal personnel costs; 21 (D) on-incident and off-incident support 22 costs; and 23 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 1764 RS (E) funding allocated from the Wildland 1 Fire Management account of the Secretary con- 2 cerned to pay for administrative costs. 3 (3) REQUIREMENTS.—Each report under para- 4 graph (1) shall be prepared in accordance with ap- 5 plicable national fire plan reporting procedures. 6 SEC. 102. REIMBURSEMENT FOR WILDFIRES CAUSED BY 7 MILITARY TRAINING. 8 (a) REIMBURSEMENT REQUIRED.—The Secretary of 9 Defense shall, on application by a State or Federal agency, 10 reimburse the State or Federal agency for the reasonable 11 costs of the State or Federal agency for services provided 12 in connection with fire suppression as a result of a fire 13 caused by military training or other actions carried out 14 by the Armed Forces or employees of the Department of 15 Defense. 16 (b) LIMITATION.—Services reimbursable under sub- 17 section (a) shall be limited to services proximately related 18 to the fire for which reimbursement is sought. 19 (c) APPLICATION.—Each application from a State or 20 Federal agency for reimbursement for costs under sub- 21 section (a) shall provide an itemized request of the services 22 covered by the application, including the costs of the serv- 23 ices. 24 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 1764 RS (d) FUNDS.—Reimbursements under subsection (a) 1 shall be made from amounts authorized to be appropriated 2 to the Department of Defense for operation and mainte- 3 nance. 4 SEC. 103. STRATEGIC WILDLAND FIRE MANAGEMENT PLAN- 5 NING. 6 (a) IN GENERAL.—Not later than September 30, 7 2026, the Secretary concerned shall, in accordance with 8 this section, establish a series of spatial fire management 9 plans. 10 (b) USE OF EXISTING PLANS.—To comply with this 11 section, the Secretary concerned may use a fire manage- 12 ment plan in existence on the date of enactment of this 13 Act. 14 (c) UPDATES.—To be valid, a spatial fire manage- 15 ment plan established under this section shall not be in 16 use for longer than the 10-year period beginning on the 17 date on which the plan is established. 18 (d) SUB-UNIT PLANS.—The Secretary concerned 19 shall establish a spatial fire management plan for each 20 unit of Federal land with more than 10 acres of burnable 21 vegetation under the jurisdiction of the Secretary con- 22 cerned. 23 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 1764 RS (e) CONTENTS.—For each spatial fire management 1 plan established under this section, the Secretary con- 2 cerned shall— 3 (1) base the plans on a landscape-scale risk as- 4 sessment that includes— 5 (A) risks to firefighters; 6 (B) risks to communities; 7 (C) risks to highly valuable resources; and 8 (D) other relevant considerations deter- 9 mined by the Secretary concerned; 10 (2) include direction, represented in spatial 11 form, from land management plans and resource 12 management plans; 13 (3) in coordination with States, delineate poten- 14 tial wildland fire operational delineations that— 15 (A) identify potential control locations; and 16 (B) specify the places in which firefighters 17 will not be sent because of the presence of un- 18 acceptable risk, including areas determined by 19 the Secretary concerned as— 20 (i) exceeding a certain slope; 21 (ii) containing too high of a volume of 22 hazardous fuels, under certain weather 23 conditions; or 24 (iii) containing other known hazards; 25 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 1764 RS (4) include a determination of average severe 1 fire weather for the plan area; 2 (5) include prefire planning provisions; 3 (6) include a plan for postfire activities that— 4 (A) would better enable a Burned Area 5 Emergency Response Team working on a large 6 fire incident to address emergency stabilization 7 and erosion quickly; and 8 (B) specifies ways in which the Burned 9 Area Emergency Response Team would seek to 10 prevent the proliferation of invasive species in 11 working on the large fire incident; and 12 (7) include, at a minimum, any other require- 13 ment determined to be necessary by the Secretary 14 concerned. 15 (f) CONSISTENCY WITH MANAGEMENT PLANS.—The 16 spatial fire management plans established under this sec- 17 tion shall be consistent with the fire management objec- 18 tives and land management objectives in the applicable 19 land management plan or resource management plan. 20 (g) REVISIONS TO LAND MANAGEMENT PLANS AND 21 RESOURCE MANAGEMENT PLANS.—A revision to a land 22 management plan or resource management plan shall con- 23 sider fire ecology and fire management in a manner that 24 VerDate Sep 11 2014 05:20 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1764.RS S1764 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 1764 RS facilitates the issuance of direction for an incident re- 1 sponse. 2 (h) ENGAGEMENT DURING LAND MANAGEMENT 3 PLANNING.—A supervisory employee of the Department 4 of the Interior or the Department of Agriculture that is 5 funded through a Firefighting Operations account estab- 6 lished under section 101 shall participate directly in the 7 creation or revision of an applicable land management 8 plan or resource management plan to incorporate an as- 9 sessment, protocol, or plan developed under this Act into 10 the planning process. 11 SEC. 104. ACCOUNTS TO ASSIST COMMUNITIES IN PLAN- 12 NING AND PREPARING FOR WILDFIRES. 13 (a) ESTABLISHMENT OF ACCOUNTS.—There are es- 14 tablished in the Treasury of the United States the fol- 15 lowing accounts: 16 (1) The Community-Supported Land-Use Plan- 17 ning Assistance account for the Department of Agri- 18 culture. 19 (2) The Community-Supported Land-Use Plan- 20 ning Assistance account for the Department of the 21 Interior. 22 (b) BUDGET ACTIVITIES WITHIN ACCOUNTS.—The 23 following activities shall be specified for funding within [Text truncated for display. Full text available on Congress.gov.]