More Hasty Response to Firefighting Act of 2022
This bill addresses initial responses to wildfires on certain public lands, including by authorizing certain persons to take aggressive action to put out such a fire and eliminating such a person's liability for that action.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4935 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4935
To require the Secretary of the Interior and the Secretary of
Agriculture to implement measures to better prepare for and more
quickly respond to wildfires on certain public land and in certain
National Forests.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2022
Mr. Manchin introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior and the Secretary of
Agriculture to implement measures to better prepare for and more
quickly respond to wildfires on certain public land and in certain
National Forests.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Hasty Response to Firefighting
Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Initial attack.--The term ``initial attack'' means an
aggressive action to put a fire out by the first resources to
arrive, consistent with firefighter and public safety and
values to be protected.
(2) National forest.--The term ``National Forest'' means a
unit of the National Forest System located west of the 100th
meridian.
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Qualifying unit.--The term ``qualifying unit'' means a
National Forest or unit of public land for which the Secretary
concerned has developed potential operational delineations for
wildfires.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to a
National Forest; and
(B) the Secretary of the Interior, with respect to
public land.
SEC. 3. NOTIFICATION AND TRAINING.
(a) In General.--With respect to each qualifying unit, the
Secretary concerned shall--
(1) notify each person who is authorized to carry out
timber harvesting work or vegetation management work within the
boundaries of the qualifying unit of--
(A) the strategic response zone in which the
contractor is authorized to carry out the work;
(B) the potential-fire response strategy developed
for that strategic response zone;
(C) each training offered under paragraph (2); and
(D) the financial incentive established under
paragraph (3) for attending that training;
(2) in coordination with the National Wildfire Coordinating
Group, offer a 1-day training in the vicinity of that
qualifying unit each fiscal year, beginning with fiscal year
2024, in basic firefighting safety and resource protection,
specifically for persons who routinely carry out timber
harvesting work or vegetation management work; and
(3) provide, not more frequently than once per fiscal year
for fiscal year 2024 and each fiscal year thereafter, $1,000 to
each company described in subsection (b).
(b) Company Described.--A company referred to in subsection (a)(3)
is a company--
(1) to which the Administrator of General Services has
assigned a Unique Entity Identifier;
(2) that--
(A) has placed not fewer than 1 bid to carry out
timber harvesting work or vegetation management work
within the boundaries of a qualifying unit during the
previous fiscal year; or
(B) is authorized to carry out timber harvesting
work or vegetation management work within the
boundaries of a qualifying unit during that fiscal
year;
(3) each of the employees of which that may carry out
timber harvesting work or vegetation management work within the
boundaries of a qualifying unit attends a training offered
under subsection (a)(2); and
(4) that submits to the Secretary concerned a certification
of attendance described in paragraph (3) at such time and in
such manner as the Secretary concerned may prescribe.
SEC. 4. INITIAL ATTACK OF WILDFIRES BY TRAINED PERSONS.
(a) In General.--Notwithstanding any other provision of law
(including regulations), on discovery of a wildfire within the
boundaries of a qualifying unit by a person described in subsection
(b), the person may undertake initial attack within the qualifying unit
on the wildfire, including suppressing, containing, or extinguishing
the wildfire, if--
(1) the person has completed a training offered under
section 3(a)(2) or a similar training, as determined by the
Secretary concerned;
(2) the total area burned by the wildfire is approximately
5 acres or less in size; and
(3) the initial attack on the wildfire is consistent with
the potential-fire response strategy for the strategic response
zone in which the wildfire is occurring.
(b) Person Described.--A person referred to in subsection (a) is--
(1) a person described in section 3(a)(1);
(2) a landowner who--
(A) owns not fewer than 1,000 acres of land
adjacent to a qualifying unit; and
(B) routinely carries out timber harvesting work or
vegetation management work; or
(3) an employee of a landowner described in paragraph (2)
the employment of whom relates to timber harvesting work or
vegetation management work on the land described in that
paragraph.
(c) Notification Requirement.--If a person undertakes an initial
attack authorized under subsection (a), the person, to the maximum
extent practicable, shall immediately--
(1) alert the local emergency dispatch center; and
(2) notify the Secretary concerned of--
(A) the location of the wildfire; and
(B) the initial attack being undertaken.
(d) Reimbursement of Costs.--The Secretary concerned shall not
provide reimbursement or compensation to a person for undertaking an
initial attack authorized under subsection (a).
(e) Liability.--
(1) Liability of persons.--A person undertaking an initial
attack authorized under subsection (a) shall not be subject to
enforcement, civil or criminal penalties, citizen suits, or any
other liability (including any liability for response costs,
damage to natural resources, or contribution) for undertaking
the initial attack.
(2) Liability of the federal government.--The Secretary
concerned shall not be liable for an initial attack undertaken
by a person pursuant to subsection (a).
(3) Savings clause.--Nothing in paragraph (1) limits the
liability of--
(A) any person not authorized to undertake an
initial attack under subsection (a);
(B) a person that was responsible for starting the
applicable fire; or
(C) a person described in section 3(a)(1) that was
not in compliance with the terms of the authorization
to carry out timber harvesting work or vegetation
management work provided by the Secretary concerned.
SEC. 5. FIRE PREVENTION MEASURES.
As part of an authorization to carry out timber harvesting work or
vegetation management work within the boundaries of a qualifying unit,
the Secretary concerned shall--
(1) establish and operate a decision support tool, to be
known as a ``project activity level'', to support regulation
for fire prevention purposes of an authorized party carrying
out timber harvesting work or vegetation management work within
the boundaries of the qualifying unit; and
(2) require the authorized party to have appropriate
personnel, tools, and equipment onsite and immediately
available for suppressing operations fires, negligent fires,
and other fires in the work area.
SEC. 6. STATE AND LOCAL AGENCY RESPONSE.
(a) In General.--The Secretary concerned may--
(1) authorize any State or local firefighting agency to
undertake initial attack on a wildfire described in subsection
(b), including suppressing, containing, or extinguishing the
wildfire, without further approval by the Secretary concerned,
if consistent with the potential-fire response strategy for the
strategic response zone in which the wildfire is occurring; and
(2) enter into partnerships with State and local
firefighting agencies to dispatch multiple firefighting
resources located near a wildfire described in subsection (b)
to undertake initial attack on the wildfire, including
suppressing, containing, or extinguishing the wildfire, if
consistent with the potential-fire response strategy for the
strategic response zone in which the wildfire is occurring.
(b) Wildfire Described.--A wildfire referred to in subsection (a)
is a wildfire that--
(1) is located within the boundaries of a qualifying unit;
and
(2) has burned not more than approximately 10 acres.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 117-477.
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