PUBLIC LAW 104–307—OCT. 14, 1996 110 STAT. 3811

Public Law 104–307

104th Congress

An Act

To authorize the sale of excess Department of Defense aircraft to facilitate the

suppression of wildfire.

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 ‘‘Wildfire Suppression Aircraft

Transfer Act of 1996’’.

SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE

SUPPRESSION PURPOSES.

(a) AUTHORITY.—(1) Notwithstanding section 202 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 483)

and subject to subsections (b) and (c), the Secretary of Defense

may, during the period beginning on October 1, 1996, and ending

on September 30, 2000, sell the aircraft and aircraft parts referred

to in paragraph (2) to persons or entities that contract with the

Federal Government for the delivery of fire retardant by air in

order to suppress wildfire.

(2) Paragraph (1) applies to aircraft and aircraft parts of the

Department of Defense that are determined by the Secretary to

be—

(A) excess to the needs of the Department; and

(B) acceptable for commercial sale.

(b) CONDITIONS OF SALE.—Aircraft and aircraft parts sold under

subsection (a)—

(1) may be used only for the provision of airtanker services

for wildfire suppression purposes; and

(2) may not be flown or otherwise removed from the United

States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire

suppression efforts or for other purposes jointly approved by

the Secretary of Defense and the Secretary of Agriculture in

writing in advance.

(c) CERTIFICATION OF PERSONS AND ENTITIES.—The Secretary

of Defense may sell aircraft and aircraft parts to a person or

entity under subsection (a) only if the Secretary of Agriculture

certifies to the Secretary of Defense, in writing, before the sale

that the person or entity is capable of meeting the terms and

conditions of a contract to deliver fire retardant by air.

(d) REGULATIONS.—(1) As soon as practicable after the date

of the enactment of this Act, the Secretary of Defense shall, in

consultation with the Secretary of Agriculture and the Adminis10 USC 2576

note.

10 USC 2576

note.

Wildfire

Suppressing

Aircraft Transfer

Act of 1996.

Oct. 14, 1996

[S. 2078]
110 STAT. 3812 PUBLIC LAW 104–307—OCT. 14, 1996

trator of General Services, prescribe regulations relating to the

sale of aircraft and aircraft parts under this section.

(2) The regulations shall—

(A) ensure that the sale of the aircraft and aircraft parts

is made at fair market value (as determined by the Secretary

of Defense) and, to the extent practicable, on a competitive

basis;

(B) require a certification by the purchaser that the aircraft

and aircraft parts will be used only in accordance with the

conditions set forth in subsection (b);

(C) establish appropriate means of verifying and enforcing

the use of the aircraft and aircraft parts by the purchaser

and other end users in accordance with the conditions set

forth in subsections (b) and (e); and

(D) ensure, to the maximum extent practicable, that the

Secretary consults with the Administrator of General Services

and with the heads of appropriate departments and agencies

of the Federal Government regarding alternative requirements

for such aircraft and aircraft parts before the sale of such

aircraft and aircraft parts under this section.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of

Defense may require such other terms and conditions in connection

with each sale of aircraft and aircraft parts under this section

as the Secretary considers appropriate for such sale. Such terms

and conditions shall meet the requirements of the regulations prescribed under subsection (d).

(f) REPORT.—Not later than March 31, 2000, the Secretary

of Defense shall submit to the Committee on Armed Services of

the Senate and the Committee on National Security of the House

of Representatives a report on the Secretary’s exercise of authority

under this section. The report shall set forth—

(1) the number and type of aircraft sold under the authority, and the terms and conditions under which the aircraft

were sold;

(2) the persons or entities to which the aircraft were sold;

and

(3) an accounting of the current use of the aircraft sold.
PUBLIC LAW 104–307—OCT. 14, 1996 110 STAT. 3813

LEGISLATIVE HISTORY—S. 2078:

CONGRESSIONAL RECORD, Vol. 142 (1996):

Sept. 26, considered and passed Senate.

Oct. 4, considered and passed House.

Æ

(g) CONSTRUCTION.—Nothing in this section may be construed

as affecting the authority of the Administrator of the Federal Aviation Administration under any other provision of law.

Approved October 14, 1996.