II 

Calendar No. 427 

117TH CONGRESS 

2D SESSION S. 2150 

[Report No. 117–121] 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2021 

Mr. ROMNEY (for himself and Mr. KELLY) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

JUNE 21, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wildland Fire Mitiga3 tion and Management Commission Act of 2021’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Energy and Natural 

10 Resources of the Senate; 

11 (B) the Committee on Agriculture, Nutri12 tion, and Forestry of the Senate; 

13 (C) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (D) the Committee on Appropriations of 

16 the Senate; 

17 (E) the Committee on Natural Resources 

18 of the House of Representatives; 

19 (F) the Committee on Agriculture of the 

20 House of Representatives; 

21 (G) the Committee on Homeland Security 

22 of the House of Representatives; 

23 (H) the Committee on Appropriations of 

24 the House of Representatives; and 

25 (I) the Committee on Ways and Means of 

26 the House of Representatives. 


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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the commission established under section 

3 3(a). 

4 (3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.— 

5 The term ‘‘high-risk Indian tribal government’’ 

6 means an Indian tribal government, during not 

7 fewer than 4 of the 5 years preceding the date of en8 actment of this Act— 

9 (A) that received fire management assist10 ance under section 420 of the Robert T. Staf11 ford Disaster Relief and Emergency Assistance 

12 Act (42 U.S.C. 5187); or 

13 (B) land of which included an area for 

14 which the President declared a major disaster 

15 for fire in accordance with section 401 of that 

16 Act (42 U.S.C. 5170). 

17 (4) HIGH-RISK STATE.—The term ‘‘high-risk 

18 State’’ means a State that, during not fewer than 4 

19 of the 5 years preceding the date of enactment of 

20 this Act— 

21 (A) received fire management assistance 

22 under section 420 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5187); or 


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1 (B) included an area for which the Presi2 dent declared a major disaster for fire in ac3 cordance with section 401 of that Act (42 

4 U.S.C. 5170). 

5 (5) INDIAN TRIBAL GOVERNMENT.—The term 

6 ‘‘Indian tribal government’’ has the meaning given 

7 the term in section 102 of the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance Act (42 

9 U.S.C. 5122). 

10 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

11 means— 

12 (A) the Secretary of the Interior; 

13 (B) the Secretary of Agriculture; and 

14 (C) the Secretary of Homeland Security, 

15 acting through the Administrator of the Federal 

16 Emergency Management Agency. 

17 (7) STATE.—The term ‘‘State’’ has the mean18 ing given the term in section 102 of the Robert T. 

19 Stafford Disaster Relief and Emergency Assistance 

20 Act (42 U.S.C. 5122). 

21 (8) WILDLAND-URBAN INTERFACE.—The term 

22 ‘‘wildland-urban interface’’ has the meaning given 

23 the term in section 101 of the Healthy Forests Res24 toration Act of 2003 (16 U.S.C. 6511). 


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1 SEC. 3. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—Not later than 30 days after 

3 the date of enactment of this Act, the Secretaries shall 

4 jointly establish a commission to study and make rec5 ommendations to improve Federal policies relating to— 

6 (1) the prevention, mitigation, suppression, and 

7 management of wildland fires in the United States; 

8 and 

9 (2) the rehabilitation of land in the United 

10 States devastated by wildland fires. 

11 (b) MEMBERSHIP.— 

12 (1) COMPOSITION.—The Commission shall be 

13 composed of— 

14 (A) each of the Secretaries (or designees), 

15 who shall jointly serve as the co-chairpersons of 

16 the Commission; 

17 (B) not greater than 8 representatives of 

18 Federal departments or agencies, to be ap19 pointed by the Secretaries, including— 

20 (i) not fewer than 1 representative 

21 from each of— 

22 (I) the Bureau of Land Manage23 ment; 

24 (II) the National Park Service; 

25 (III) the Bureau of Indian Af26 fairs; and 


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1 (IV) the Forest Service; 

2 (ii) a representative of or liaison to 

3 the Mitigation Framework Leadership 

4 Group of the Federal Emergency Manage5 ment Agency; 

6 (iii) a representative to the National 

7 Interagency Coordination Center, which is 

8 part of the National Wildfire Coordination 

9 Group; 

10 (iv) a representative from 1 of the co11 ordinating agencies of the Recovery Sup12 port Function Leadership Group; and 

13 (v) if the Secretaries determine it to 

14 be appropriate, a representative of any 

15 other Federal department or agency, such 

16 as the Department of Energy, the Environ17 mental Protection Agency, or the Depart18 ment of Defense; and 

19 (C) not greater than 17 non-Federal stake20 holders with expertise in wildland fire prepared21 ness, mitigation, suppression, or management, 

22 who collectively have a combination of back23 grounds, experiences, and viewpoints and are 

24 representative of rural, urban, and suburban 


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1 areas, to be appointed by the Secretaries, in2 cluding— 

3 (i) not fewer than 1 State hazard 

4 mitigation officer of a high-risk State (or 

5 a designee); 

6 (ii) with preference given to represent7 atives from high-risk States and high-risk 

8 Indian tribal governments, not fewer than 

9 1 representative from each of— 

10 (I) a State department of natural 

11 resources, forestry, or agriculture or a 

12 similar State agency; 

13 (II) a State department of energy 

14 or a similar State agency; 

15 (III) a county government, with 

16 preference given to counties at least a 

17 portion of which is in the wildland18 urban interface; and 

19 (IV) a municipal government, 

20 with preference given to municipalities 

21 at least a portion of which is in the 

22 wildland-urban interface; 

23 (iii) with preference given to rep24 resentatives from high-risk States and 


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1 high-risk Indian tribal governments, not 

2 fewer than 1 representative from each of— 

3 (I) the public utility industry; 

4 (II) the property development in5 dustry; and 

6 (III) Indian tribal governments; 

7 and 

8 (iv) any other appropriate non-Fed9 eral stakeholders, which may include the 

10 private sector, with preference given to 

11 non-Federal stakeholders from high-risk 

12 States and high-risk Indian tribal govern13 ments. 

14 (2) STATE LIMITATION.—Each member of the 

15 Commission appointed under clauses (i) and (ii) of 

16 paragraph (1)(C) shall represent a different State. 

17 (3) DATE.—The appointments of the members 

18 of the Commission shall be made not later than 60 

19 days after the date of enactment of this Act. 

20 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

21 (1) IN GENERAL.—A member of the Commis22 sion shall be appointed for the life of the Commis23 sion. 

24 (2) VACANCIES.—A vacancy in the Commis25 sion— 


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1 (A) shall not affect the powers of the Com2 mission; and 

3 (B) shall be filled in the same manner as 

4 the original appointment. 

5 (d) MEETINGS.— 

6 (1) INITIAL MEETING.—Not later than 30 days 

7 after the date on which all members of the Commis8 sion have been appointed, the Commission shall hold 

9 the first meeting of the Commission. 

10 (2) FREQUENCY.—The Commission shall meet 

11 not less frequently than once every 30 days. 

12 (3) TYPE.—The Commission may hold meet13 ings, and a member of the Commission may partici14 pate in a meeting, remotely through teleconference, 

15 video conference, or similar means. 

16 (4) QUORUM.—A majority of the members of 

17 the Commission shall constitute a quorum, but a 

18 lesser number of members may hold hearings. 

19 SEC. 4. DUTIES OF COMMISSION. 

20 (a) REPORT ON RECOMMENDATIONS TO MITIGATE

21 AND MANAGE WILDLAND FIRES.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the first meeting of the Commission, the 

24 Commission shall submit to the appropriate commit25 tees of Congress a report describing recommendaVerDate Sep 11 2014 02:16 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2150.RS S2150

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1 tions to prevent, mitigate, suppress, and manage 

2 wildland fires, including— 

3 (A) policy recommendations, including rec4 ommendations— 

5 (i) to maximize the protection of 

6 human life, community water supplies, 

7 homes, and other essential structures, 

8 which may include recommendations to ex9 pand the use of initial attack strategies; 

10 (ii) to facilitate efficient short- and 

11 long-term forest management in residential 

12 and nonresidential at-risk areas; 

13 (iii) to manage the wildland-urban 

14 interface; 

15 (iv) to manage utility corridors; and 

16 (v) to rehabilitate land devastated by 

17 wildland fire; 

18 (B) policy recommendations described in 

19 subparagraph (A) with respect to any rec20 ommendations for categorical exclusions from 

21 the requirement to prepare an environmental 

22 impact statement or analysis under the Na23 tional Environmental Policy Act of 1969 (42 

24 U.S.C. 4321 et seq.); 


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1 (C) policy recommendations for modern2 izing and expanding the use of technology, in3 cluding satellite technology, to prevent, miti4 gate, suppress, and manage wildland fires, in5 cluding any recommendations with respect to— 

6 (i) the implementation of section 1114 

7 of the John D. Dingell, Jr. Conservation, 

8 Management, and Recreation Act (43 

9 U.S.C. 1748b–1); or 

10 (ii) improving early wildland fire de11 tection; 

12 (D) an assessment of Federal spending on 

13 wildland fire-related disaster management, in14 cluding— 

15 (i) a description and assessment of 

16 Federal grant programs for States and 

17 units of local government for pre- and 

18 post-wildland fire disaster mitigation and 

19 recovery, including— 

20 (I) the amount of funding pro21 vided under each program; 

22 (II) the effectiveness of each pro23 gram with respect to long-term forest 

24 management and maintenance; and 


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1 (III) recommendations to im2 prove the effectiveness of each pro3 gram, including with respect to— 

4 (aa) the conditions on the 

5 use of funds received under the 

6 program; and 

7 (bb) the extent to which ad8 ditional funds are necessary for 

9 the program; 

10 (ii) an evaluation, including rec11 ommendations to improve the effectiveness 

12 in mitigating wildland fires, of— 

13 (I) the Building Resilient Infra14 structure and Communities program 

15 under section 203 of the Robert T. 

16 Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 

18 5133); 

19 (II) the Pre-Disaster Mitigation 

20 program under that section (42 

21 U.S.C. 5133); 

22 (III) the Hazard Mitigation 

23 Grant Program under section 404 of 

24 that Act (42 U.S.C. 5170c); and 


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1 (IV) Hazard Mitigation Grant 

2 Program post-fire assistance under 

3 sections 404 and 420 of that Act (42 

4 U.S.C. 5170c, 5187); 

5 (iii) an assessment of the definition of 

6 ‘‘small impoverished community’’ under 

7 section 203(a) of the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5133(a)), specifically— 

10 (I) the exclusion of the percent11 age of land owned by an entity other 

12 than a State or unit of local govern13 ment; and 

14 (II) any related economic impact 

15 of that exclusion; and 

16 (iv) recommendations for Federal 

17 budgeting for wildland fires; 

18 (E) any recommendations for matters 

19 under subparagraph (A), (B), (C), or (D) spe20 cific to— 

21 (i) forest type, vegetation type, or for22 est and vegetation type; or 

23 (ii) State land, Tribal land, or private 

24 land; and 


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1 (F)(i) a review of the national strategy de2 scribed in the report entitled ‘‘The National 

3 Strategy: The Final Phase in the Development 

4 of the National Cohesive Wildland Fire Man5 agement Strategy’’ and dated April 2014; and 

6 (ii) any recommendations for changes to 

7 that national strategy to improve its effective8 ness. 

9 (2) SPECIFIC POLICY RECOMMENDATIONS.—To 

10 the maximum extent practicable, the report de11 scribed in paragraph (1) shall include detailed short12 and long-term policy recommendations, including 

13 any recommendations for Federal legislation. 

14 (3) INTERIM REPORTS.—Before the submission 

15 of the report under paragraph (1), on approval of all 

16 members of the Commission, the Commission may 

17 submit to the appropriate committees of Congress 1 

18 or more interim reports, as the Commission deter19 mines to be appropriate, relating to any matters de20 scribed in paragraph (1). 

21 (b) REPORT ON AERIAL WILDLAND FIREFIGHTING

22 EQUIPMENT STRATEGY AND INVENTORY ASSESSMENT.— 

23 (1) SUBMISSION OF INVENTORY TO THE COM24 MISSION.—Not later than 45 days after the date on 

25 which the Commission holds the first meeting of the 


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1 Commission, the Secretary of Defense and the heads 

2 of other relevant Federal departments and agencies 

3 shall submit to the Commission an inventory of sur4 plus cargo and passenger aircraft and excess com5 mon-use aircraft parts that may be used for wildland 

6 firefighting purposes, excluding any aircraft or air7 craft parts that are— 

8 (A) reasonably anticipated to be necessary 

9 for military operations, readiness, or fleet man10 agement in the future; or 

11 (B) already obligated for purposes other 

12 than fighting wildland fires. 

13 (2) SUBMISSION OF REPORT TO CONGRESS.— 

14 Not later than 90 days after the date on which the 

15 Commission receives the inventory described in para16 graph (1), the Commission shall submit to the ap17 propriate committees of Congress a report outlining 

18 a strategy to meet aerial firefighting equipment 

19 needs through 2030 in the most cost-effective man20 ner, including— 

21 (A) an assessment of the expected number 

22 of aircraft and aircraft parts needed to fight 

23 wildland fires through 2030; 

24 (B) an assessment of existing authorities 

25 of the Secretary of Defense and the heads of 


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1 other relevant Federal departments and agen2 cies to provide or sell surplus aircraft or air3 craft parts to Federal, State, or local authori4 ties for wildland firefighting use, including— 

5 (i) a description of the current use of 

6 each existing authority; and 

7 (ii) a description of any additional au8 thorities that are needed for the Secretary 

9 of Defense and the heads of other relevant 

10 Federal departments and agencies to pro11 vide or sell surplus aircraft or aircraft 

12 parts to Federal, State, or local authorities 

13 for wildland firefighting use; and 

14 (C) recommendations to ensure the avail15 ability of aircraft and aircraft parts that the 

16 Commission expects will be necessary to fight 

17 wildland fires through 2030 in the most cost-ef18 fective manner. 

19 (3) CONSIDERATIONS FOR ACCESSING AIRCRAFT

20 AND AIRCRAFT PARTS.—In developing the strategy 

21 in the report required under paragraph (2) and the 

22 recommendations under paragraph (2)(C), the Com23 mission shall consider all private and public sector 

24 options for accessing necessary aircraft and aircraft 


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1 parts, including procurement, contracting, retro2 fitting, and public-private partnerships. 

3 (4) UNCLASSIFIED REPORT.—The inventory 

4 and report submitted under paragraphs (1) and (2), 

5 respectively— 

6 (A) shall be unclassified; but 

7 (B) may include a classified annex. 

(c) MAJORITY REQUIREMENT.—Not less than 2 8 ⁄3 of 

9 the members of the Commission shall approve the rec10 ommendations contained in each report submitted under 

11 subsection (a) or (b)(2). 

12 SEC. 5. POWERS OF COMMISSION. 

13 (a) HEARINGS.—The Commission may hold such 

14 hearings, sit and act at such times and places, take such 

15 testimony, and receive such evidence as the Commission 

16 considers advisable to carry out this Act. 

17 (b) INFORMATION FROM FEDERAL AGENCIES.— 

18 (1) IN GENERAL.—The Commission may secure 

19 directly from a Federal department or agency such 

20 information as the Commission considers necessary 

21 to carry out this Act. 

22 (2) FURNISHING INFORMATION.—On request of 

23 the Chairpersons of the Commission, the head of the 

24 department or agency shall furnish the information 

25 to the Commission. 


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1 (c) POSTAL SERVICES.—The Commission may use 

2 the United States mails in the same manner and under 

3 the same conditions as other departments and agencies of 

4 the Federal Government. 

5 (d) GIFTS.—The Commission may accept, use, and 

6 dispose of such gifts or donations of services or property 

7 as the Commission considers necessary to carry out this 

8 Act. 

9 SEC. 6. COMMISSION PERSONNEL MATTERS. 

10 (a) NO COMPENSATION.—A member of the Commis11 sion shall serve without compensation. 

12 (b) TRAVEL EXPENSES.—A member of the Commis13 sion shall be allowed travel expenses, including per diem 

14 in lieu of subsistence, at rates authorized for employees 

15 of agencies under subchapter I of chapter 57 of title 5, 

16 United States Code, while away from their homes or reg17 ular places of business in the performance of services for 

18 the Commission. 

19 (c) STAFF.— 

20 (1) IN GENERAL.—The Chairpersons of the 

21 Commission may, without regard to the civil service 

22 laws (including regulations), appoint and terminate 

23 an executive director and such other additional per24 sonnel as may be necessary to enable the Commis25 sion to perform its duties, except that the employVerDate Sep 11 2014 02:16 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S2150.RS S2150

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1 ment of an executive director shall be subject to con2 firmation by the Commission. 

3 (2) COMPENSATION.—The Chairpersons of the 

4 Commission may fix the compensation of the execu5 tive director and other personnel without regard to 

6 chapter 51 and subchapter III of chapter 53 of title 

7 5, United States Code, relating to classification of 

8 positions and General Schedule pay rates, except 

9 that the rate of pay for the executive director and 

10 other personnel may not exceed the rate payable for 

11 level V of the Executive Schedule under section 5316 

12 of that title. 

13 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed14 eral Government employee may be detailed to the Commis15 sion without reimbursement, and such detail shall be with16 out interruption or loss of civil service status or privilege. 

17 (e) PROCUREMENT OF TEMPORARY AND INTERMIT18 TENT SERVICES.—The Chairpersons of the Commission 

19 may procure temporary and intermittent services under 

20 section 3109(b) of title 5, United States Code, at rates 

21 for individuals that do not exceed the daily equivalent of 

22 the annual rate of basic pay prescribed for level V of the 

23 Executive Schedule under section 5316 of that title. 


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1 SEC. 7. TERMINATION OF COMMISSION. 

2 The Commission shall terminate on the date that is 

3 180 days after the date on which the Commission has sub4 mitted the reports under subsections (a) and (b) of section 

5 4. 

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to carry out 

8 this Act $1,000,000. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Wildland Fire Mitiga11 tion and Management Commission Act of 2021’’. 

12 SEC. 2. DEFINITIONS. 

13 In this Act: 

14 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

15 The term ‘‘appropriate committees of Congress’’ 

16 means— 

17 (A) the Committee on Energy and Natural 

18 Resources of the Senate; 

19 (B) the Committee on Agriculture, Nutri20 tion, and Forestry of the Senate; 

21 (C) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; 

23 (D) the Committee on Appropriations of the 

24 Senate; 

25 (E) the Committee on Environment and 

26 Public Works of the Senate; 


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1 (F) the Committee on Natural Resources of 

2 the House of Representatives; 

3 (G) the Committee on Agriculture of the 

4 House of Representatives; 

5 (H) the Committee on Homeland Security 

6 of the House of Representatives; 

7 (I) the Committee on Appropriations of the 

8 House of Representatives; 

9 (J) the Committee on Ways and Means of 

10 the House of Representatives; and 

11 (K) the Committee on Natural Resources of 

12 the House of Representatives. 

13 (2) COMMISSION.—The term ‘‘Commission’’ 

14 means the commission established under section 3(a). 

15 (3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.— 

16 The term ‘‘high-risk Indian tribal government’’ means 

17 an Indian tribal government, during not fewer than 

18 4 of the 5 years preceding the date of enactment of 

19 this Act— 

20 (A) that received fire management assist21 ance under section 420 of the Robert T. Stafford 

22 Disaster Relief and Emergency Assistance Act 

23 (42 U.S.C. 5187); or 

24 (B) land of which included an area for 

25 which the President declared a major disaster for 


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1 fire in accordance with section 401 of that Act 

2 (42 U.S.C. 5170). 

3 (4) HIGH-RISK STATE.—The term ‘‘high-risk 

4 State’’ means a State that, during not fewer than 4 

5 of the 5 years preceding the date of enactment of this 

6 Act— 

7 (A) received fire management assistance 

8 under section 420 of the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act (42 

10 U.S.C. 5187); or 

11 (B) included an area for which the Presi12 dent declared a major disaster for fire in accord13 ance with section 401 of that Act (42 U.S.C. 

14 5170). 

15 (5) INDIAN TRIBAL GOVERNMENT.—The term 

16 ‘‘Indian tribal government’’ has the meaning given 

17 the term in section 102 of the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act (42 U.S.C. 

19 5122). 

20 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

21 means— 

22 (A) the Secretary of the Interior; 

23 (B) the Secretary of Agriculture; and 


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1 (C) the Secretary of Homeland Security, 

2 acting through the Administrator of the Federal 

3 Emergency Management Agency. 

4 (7) STATE.—The term ‘‘State’’ has the meaning 

5 given the term in section 102 of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act 

7 (42 U.S.C. 5122). 

8 (8) WILDLAND-URBAN INTERFACE.—The term 

9 ‘‘wildland-urban interface’’ has the meaning given the 

10 term in section 101 of the Healthy Forests Restora11 tion Act of 2003 (16 U.S.C. 6511). 

12 SEC. 3. ESTABLISHMENT OF COMMISSION. 

13 (a) ESTABLISHMENT.—Not later than 30 days after 

14 the date of enactment of this Act, the Secretaries shall joint15 ly establish a commission to study and make recommenda16 tions to improve Federal policies relating to— 

17 (1) the prevention, mitigation, suppression, and 

18 management of wildland fires in the United States; 

19 and 

20 (2) the rehabilitation of land in the United 

21 States devastated by wildland fires. 

22 (b) MEMBERSHIP.— 

23 (1) COMPOSITION.—The Commission shall be 

24 composed of— 


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1 (A) each of the Secretaries (or designees), 

2 who shall jointly serve as the co-chairpersons of 

3 the Commission; 

4 (B) 9 representatives of Federal depart5 ments or agencies, to be appointed by the Secre6 taries, including— 

7 (i) not fewer than 1 representative 

8 from each of— 

9 (I) the Bureau of Land Manage10 ment; 

11 (II) the National Park Service; 

12 (III) the Bureau of Indian Af13 fairs; 

14 (IV) the United States Fish and 

15 Wildlife Service; and 

16 (V) the Forest Service; 

17 (ii) a representative of or liaison to the 

18 Mitigation Framework Leadership Group of 

19 the Federal Emergency Management Agen20 cy; 

21 (iii) a representative to the National 

22 Interagency Coordination Center, which is 

23 part of the National Wildfire Coordination 

24 Group; 


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1 (iv) a representative from 1 of the co2 ordinating agencies of the Recovery Support 

3 Function Leadership Group; and 

4 (v) if the Secretaries determine it to be 

5 appropriate, a representative of any other 

6 Federal department or agency, such as the 

7 Department of Energy, the Environmental 

8 Protection Agency, or the Department of 

9 Defense; and 

10 (C) 18 non-Federal stakeholders with exper11 tise in wildland fire preparedness, mitigation, 

12 suppression, or management, who collectively 

13 have a combination of backgrounds, experiences, 

14 and viewpoints and are representative of rural, 

15 urban, and suburban areas, to be appointed by 

16 the Secretaries, including— 

17 (i) not fewer than 1 State hazard miti18 gation officer of a high-risk State (or a des19 ignee); 

20 (ii) with preference given to represent21 atives from high-risk States and high-risk 

22 Indian tribal governments, not fewer than 1 

23 representative from each of— 


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1 (I) a State department of natural 

2 resources, forestry, or agriculture or a 

3 similar State agency; 

4 (II) a State department of energy 

5 or a similar State agency; 

6 (III) a county government, with 

7 preference given to counties at least a 

8 portion of which is in the wildland9 urban interface; and 

10 (IV) a municipal government, 

11 with preference given to municipalities 

12 at least a portion of which is in the 

13 wildland-urban interface; 

14 (iii) with preference given to represent15 atives from high-risk States and high-risk 

16 Indian tribal governments, not fewer than 1 

17 representative from each of— 

18 (I) the public utility industry; 

19 (II) the property development in20 dustry; 

21 (III) Indian tribal governments; 

22 (IV) wildland firefighters; and 

23 (V) an organization— 

24 (aa) described in section 

25 501(c)(3) of the Internal Revenue 


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1 Code of 1986 and exempt from 

2 taxation under section 501(a) of 

3 that Code; and 

4 (bb) with expertise in forest 

5 management and environmental 

6 conservation; 

7 (iv) not greater than 2 other appro8 priate non-Federal stakeholders, which may 

9 include the private sector; and 

10 (v) any other appropriate non-Federal 

11 stakeholders, which may include the private 

12 sector, with preference given to non-Federal 

13 stakeholders from high-risk States and high14 risk Indian tribal governments. 

15 (2) STATE LIMITATION.—Each member of the 

16 Commission appointed under clauses (i) and (ii) of 

17 paragraph (1)(C) shall represent a different State. 

18 (3) DATE.—The appointments of the members of 

19 the Commission shall be made not later than 60 days 

20 after the date of enactment of this Act. 

21 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

22 (1) IN GENERAL.—A member of the Commission 

23 shall be appointed for the life of the Commission. 

24 (2) VACANCIES.—A vacancy in the Commis25 sion— 


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1 (A) shall not affect the powers of the Com2 mission; and 

3 (B) shall be filled in the same manner as 

4 the original appointment. 

5 (d) MEETINGS.— 

6 (1) INITIAL MEETING.—Not later than 30 days 

7 after the date on which all members of the Commis8 sion have been appointed, the Commission shall hold 

9 the first meeting of the Commission. 

10 (2) FREQUENCY.—The Commission shall meet 

11 not less frequently than once every 30 days. 

12 (3) TYPE.—The Commission may hold meetings, 

13 and a member of the Commission may participate in 

14 a meeting, remotely through teleconference, video con15 ference, or similar means. 

16 (4) QUORUM.—A majority of the members of the 

17 Commission shall constitute a quorum, but a lesser 

18 number of members may hold hearings. 

19 SEC. 4. DUTIES OF COMMISSION. 

20 (a) REPORT ON RECOMMENDATIONS TO MITIGATE AND

21 MANAGE WILDLAND FIRES.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of the first meeting of the Commission, the 

24 Commission shall submit to the appropriate commit25 tees of Congress a report describing recommendations 


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1 to prevent, mitigate, suppress, and manage wildland 

2 fires, including— 

3 (A) policy recommendations, including rec4 ommendations— 

5 (i) to maximize the protection of 

6 human life, community water supplies, 

7 homes, and other essential structures, which 

8 may include recommendations to expand 

9 the use of initial attack strategies; 

10 (ii) to facilitate efficient short- and 

11 long-term forest management in residential 

12 and nonresidential at-risk areas, which 

13 may include a review of community wild14 fire protection plans; 

15 (iii) to manage the wildland-urban 

16 interface; 

17 (iv) to manage utility corridors; 

18 (v) to rehabilitate land devastated by 

19 wildland fire; and 

20 (vi) to improve the capacity of the Sec21 retary of Agriculture and the Secretary of 

22 the Interior to conduct hazardous fuels re23 duction projects; 


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1 (B) policy recommendations described in 

2 subparagraph (A) with respect to any rec3 ommendations for— 

4 (i) categorical exclusions from the re5 quirement to prepare an environmental im6 pact statement or analysis under the Na7 tional Environmental Policy Act of 1969 

8 (42 U.S.C. 4321 et seq.); or 

9 (ii) additional staffing or resources 

10 that may be necessary to more expeditiously 

11 prepare an environmental impact statement 

12 or analysis under that Act; 

13 (C) policy recommendations for modern14 izing and expanding the use of technology, in15 cluding satellite technology, remote sensing, un16 manned aircraft systems, and any other type of 

17 emerging technology, to prevent, mitigate, sup18 press, and manage wildland fires, including any 

19 recommendations with respect to— 

20 (i) the implementation of section 1114 

21 of the John D. Dingell, Jr. Conservation, 

22 Management, and Recreation Act (43 

23 U.S.C. 1748b–1); or 

24 (ii) improving early wildland fire de25 tection; 


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1 (D) an assessment of Federal spending on 

2 wildland fire-related disaster management, in3 cluding— 

4 (i) a description and assessment of 

5 Federal grant programs for States and 

6 units of local government for pre- and post7 wildland fire disaster mitigation and recov8 ery, including— 

9 (I) the amount of funding pro10 vided under each program; 

11 (II) the effectiveness of each pro12 gram with respect to long-term forest 

13 management and maintenance; and 

14 (III) recommendations to improve 

15 the effectiveness of each program, in16 cluding with respect to— 

17 (aa) the conditions on the use 

18 of funds received under the pro19 gram; and 

20 (bb) the extent to which addi21 tional funds are necessary for the 

22 program; 

23 (ii) an evaluation, including rec24 ommendations to improve the effectiveness 


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1 in mitigating wildland fires, which may in2 clude authorizing prescribed fires, of— 

3 (I) the Building Resilient Infra4 structure and Communities program 

5 under section 203 of the Robert T. 

6 Stafford Disaster Relief and Emer7 gency Assistance Act (42 U.S.C. 5133); 

8 (II) the Pre-Disaster Mitigation 

9 program under that section (42 U.S.C. 

10 5133); 

11 (III) the Hazard Mitigation 

12 Grant Program under section 404 of 

13 that Act (42 U.S.C. 5170c); 

14 (IV) Hazard Mitigation Grant 

15 Program post-fire assistance under sec16 tions 404 and 420 of that Act (42 

17 U.S.C. 5170c, 5187); and 

18 (V) such other programs as the 

19 Commission determines to be appro20 priate; 

21 (iii) an assessment of the definition of 

22 ‘‘small impoverished community’’ under sec23 tion 203(a) of the Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act 

25 (42 U.S.C. 5133(a)), specifically— 


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1 (I) the exclusion of the percentage 

2 of land owned by an entity other than 

3 a State or unit of local government; 

4 and 

5 (II) any related economic impact 

6 of that exclusion; and 

7 (iv) recommendations for Federal 

8 budgeting for wildland fires and post-wild9 fire recovery; 

10 (E) any recommendations for matters under 

11 subparagraph (A), (B), (C), or (D) specific to— 

12 (i) forest type, vegetation type, or for13 est and vegetation type; or 

14 (ii) State land, Tribal land, or private 

15 land; 

16 (F)(i) a review of the national strategy de17 scribed in the report entitled ‘‘The National 

18 Strategy: The Final Phase in the Development of 

19 the National Cohesive Wildland Fire Manage20 ment Strategy’’ and dated April 2014; and 

21 (ii) any recommendations for changes to 

22 that national strategy to improve its effective23 ness; and 

24 (G)(i) an evaluation of coordination of re25 sponse to, and suppression of, wildfires occurring 


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1 on Federal, Tribal, State, and local land among 

2 Federal, Tribal, State, and local agencies with 

3 jurisdiction over that land; and 

4 (ii) any recommendations to improve the 

5 coordination described in clause (i). 

6 (2) SPECIFIC POLICY RECOMMENDATIONS.—To 

7 the maximum extent practicable, the report described 

8 in paragraph (1) shall include detailed short- and 

9 long-term policy recommendations, including any rec10 ommendations for Federal legislation. 

11 (3) INTERIM REPORTS.—Before the submission of 

12 the report under paragraph (1), on approval of all 

13 members of the Commission, the Commission may 

14 submit to the appropriate committees of Congress 1 or 

15 more interim reports, as the Commission determines 

16 to be appropriate, relating to any matters described 

17 in paragraph (1). 

18 (b) REPORT ON AERIAL WILDLAND FIREFIGHTING

19 EQUIPMENT STRATEGY AND INVENTORY ASSESSMENT.— 

20 (1) SUBMISSION OF INVENTORY TO THE COMMIS21 SION.—Not later than 45 days after the date on which 

22 the Commission holds the first meeting of the Com23 mission, the Secretary of Defense and the heads of 

24 other relevant Federal departments and agencies shall 

25 submit to the Commission an inventory of surplus 


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1 cargo and passenger aircraft and excess common-use 

2 aircraft parts that may be used for wildland fire3 fighting purposes, excluding any aircraft or aircraft 

4 parts that are— 

5 (A) reasonably anticipated to be necessary 

6 for military operations, readiness, or fleet man7 agement in the future; or 

8 (B) already obligated for purposes other 

9 than fighting wildland fires. 

10 (2) SUBMISSION OF REPORT TO CONGRESS.—Not 

11 later than 90 days after the date on which the Com12 mission receives the inventory described in paragraph 

13 (1), the Commission shall submit to the appropriate 

14 committees of Congress a report outlining a strategy 

15 to meet aerial firefighting equipment needs through 

16 2030 in the most cost-effective manner, including— 

17 (A) an assessment of the expected number of 

18 aircraft and aircraft parts needed to fight 

19 wildland fires through 2030; 

20 (B) an assessment of existing authorities of 

21 the Secretary of Defense and the heads of other 

22 relevant Federal departments and agencies to 

23 provide or sell surplus aircraft or aircraft parts 

24 to Federal, State, or local authorities for 

25 wildland firefighting use, including— 


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1 (i) a description of the current use of 

2 each existing authority; and 

3 (ii) a description of any additional au4 thorities that are needed for the Secretary of 

5 Defense and the heads of other relevant Fed6 eral departments and agencies to provide or 

7 sell surplus aircraft or aircraft parts to 

8 Federal, State, or local authorities for 

9 wildland firefighting use; and 

10 (C) recommendations to ensure the avail11 ability of aircraft and aircraft parts that the 

12 Commission expects will be necessary to fight 

13 wildland fires through 2030 in the most cost-ef14 fective manner. 

15 (3) CONSIDERATIONS FOR ACCESSING AIRCRAFT

16 AND AIRCRAFT PARTS.—In developing the strategy in 

17 the report required under paragraph (2) and the rec18 ommendations under paragraph (2)(C), the Commis19 sion shall consider all private and public sector op20 tions for accessing necessary aircraft and aircraft 

21 parts, including procurement, contracting, retro22 fitting, and public-private partnerships. 

23 (4) UNCLASSIFIED REPORT.—The inventory and 

24 report submitted under paragraphs (1) and (2), re25 spectively— 


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1 (A) shall be unclassified; but 

2 (B) may include a classified annex. 

(c) MAJORITY REQUIREMENT.—Not less than 2 3 ⁄3 of the 

4 members of the Commission shall approve the recommenda5 tions contained in each report submitted under subsection 

6 (a) or (b)(2). 

7 SEC. 5. POWERS OF COMMISSION. 

8 (a) HEARINGS.—The Commission may hold such hear9 ings, sit and act at such times and places, take such testi10 mony, and receive such evidence as the Commission con11 siders advisable to carry out this Act. 

12 (b) INFORMATION FROM FEDERAL AGENCIES.— 

13 (1) IN GENERAL.—The Commission may secure 

14 directly from a Federal department or agency such 

15 information as the Commission considers necessary to 

16 carry out this Act. 

17 (2) FURNISHING INFORMATION.—On request of 

18 the Chairpersons of the Commission, the head of the 

19 department or agency shall furnish the information to 

20 the Commission. 

21 (c) POSTAL SERVICES.—The Commission may use the 

22 United States mails in the same manner and under the 

23 same conditions as other departments and agencies of the 

24 Federal Government. 


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1 (d) GIFTS.—The Commission may accept, use, and 

2 dispose of such gifts or donations of services or property 

3 as the Commission considers necessary to carry out this Act. 

4 SEC. 6. COMMISSION PERSONNEL MATTERS. 

5 (a) NO COMPENSATION.—A member of the Commission 

6 shall serve without compensation. 

7 (b) TRAVEL EXPENSES.—A member of the Commission 

8 shall be allowed travel expenses, including per diem in lieu 

9 of subsistence, at rates authorized for employees of agencies 

10 under subchapter I of chapter 57 of title 5, United States 

11 Code, while away from their homes or regular places of 

12 business in the performance of services for the Commission. 

13 (c) STAFF.— 

14 (1) IN GENERAL.—The Chairpersons of the Com15 mission may, without regard to the civil service laws 

16 (including regulations), appoint and terminate an ex17 ecutive director and such other additional personnel 

18 as may be necessary to enable the Commission to per19 form its duties, except that the employment of an ex20 ecutive director shall be subject to confirmation by the 

21 Commission. 

22 (2) COMPENSATION.—The Chairpersons of the 

23 Commission may fix the compensation of the execu24 tive director and other personnel without regard to 

25 chapter 51 and subchapter III of chapter 53 of title 


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1 5, United States Code, relating to classification of po2 sitions and General Schedule pay rates, except that 

3 the rate of pay for the executive director and other 

4 personnel may not exceed the rate payable for level V 

5 of the Executive Schedule under section 5316 of that 

6 title. 

7 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal 

8 Government employee may be detailed to the Commission 

9 without reimbursement, and such detail shall be without 

10 interruption or loss of civil service status or privilege. 

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairpersons of the Commission 

13 may procure temporary and intermittent services under 

14 section 3109(b) of title 5, United States Code, at rates for 

15 individuals that do not exceed the daily equivalent of the 

16 annual rate of basic pay prescribed for level V of the Execu17 tive Schedule under section 5316 of that title. 

18 SEC. 7. TERMINATION OF COMMISSION. 

19 The Commission shall terminate on the date that is 

20 180 days after the date on which the Commission has sub21 mitted the reports under subsections (a) and (b) of section 

22 4. 


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Calendar No. 427 

117TH CONGRESS 

2D SESSION S. 2150 

[Report No. 117–121] 

A BILL 

To prevent catastrophic wildland fires by estabFederal Government, and for other purposes. management, and rehabilitation policies for the wildland fire prevention, mitigation, suppression, lishing a commission to study and recommend 

JUNE 21, 2022 

Reported with an amendment 


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