II 

117TH CONGRESS 

1ST SESSION S. 2150 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wildland Fire Mitiga5 tion and Management Commission Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Energy and Natural 

5 Resources of the Senate; 

6 (B) the Committee on Agriculture, Nutri7 tion, and Forestry of the Senate; 

8 (C) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; 

10 (D) the Committee on Appropriations of 

11 the Senate; 

12 (E) the Committee on Natural Resources 

13 of the House of Representatives; 

14 (F) the Committee on Agriculture of the 

15 House of Representatives; 

16 (G) the Committee on Homeland Security 

17 of the House of Representatives; 

18 (H) the Committee on Appropriations of 

19 the House of Representatives; and 

20 (I) the Committee on Ways and Means of 

21 the House of Representatives. 

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

23 means the commission established under section 

24 3(a). 


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

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

3 means an Indian tribal government, during not 

4 fewer than 4 of the 5 years preceding the date of en5 actment of this Act— 

6 (A) that received fire management assist7 ance under section 420 of the Robert T. Staf8 ford Disaster Relief and Emergency Assistance 

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

10 (B) land of which included an area for 

11 which the President declared a major disaster 

12 for fire in accordance with section 401 of that 

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

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

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

16 of the 5 years preceding the date of enactment of 

17 this Act— 

18 (A) received fire management assistance 

19 under section 420 of the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act 

21 (42 U.S.C. 5187); or 

22 (B) included an area for which the Presi23 dent declared a major disaster for fire in ac24 cordance with section 401 of that Act (42 

25 U.S.C. 5170). 


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1 (5) INDIAN TRIBAL GOVERNMENT.—The term 

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

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

4 Disaster Relief and Emergency Assistance Act (42 

5 U.S.C. 5122). 

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

7 means— 

8 (A) the Secretary of the Interior; 

9 (B) the Secretary of Agriculture; and 

10 (C) the Secretary of Homeland Security, 

11 acting through the Administrator of the Federal 

12 Emergency Management Agency. 

13 (7) STATE.—The term ‘‘State’’ has the mean14 ing given the term in section 102 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance 

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

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

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

19 the term in section 101 of the Healthy Forests Res20 toration Act of 2003 (16 U.S.C. 6511). 

21 SEC. 3. ESTABLISHMENT OF COMMISSION. 

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

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

24 jointly establish a commission to study and make rec25 ommendations to improve Federal policies relating to— 


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

2 management of wildland fires in the United States; 

3 and 

4 (2) the rehabilitation of land in the United 

5 States devastated by wildland fires. 

6 (b) MEMBERSHIP.— 

7 (1) COMPOSITION.—The Commission shall be 

8 composed of— 

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

10 who shall jointly serve as the co-chairpersons of 

11 the Commission; 

12 (B) not greater than 8 representatives of 

13 Federal departments or agencies, to be ap14 pointed by the Secretaries, including— 

15 (i) not fewer than 1 representative 

16 from each of— 

17 (I) the Bureau of Land Manage18 ment; 

19 (II) the National Park Service; 

20 (III) the Bureau of Indian Af21 fairs; and 

22 (IV) the Forest Service; 

23 (ii) a representative of or liaison to 

24 the Mitigation Framework Leadership 


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1 Group of the Federal Emergency Manage2 ment Agency; 

3 (iii) a representative to the National 

4 Interagency Coordination Center, which is 

5 part of the National Wildfire Coordination 

6 Group; 

7 (iv) a representative from 1 of the co8 ordinating agencies of the Recovery Sup9 port Function Leadership Group; and 

10 (v) if the Secretaries determine it to 

11 be appropriate, a representative of any 

12 other Federal department or agency, such 

13 as the Department of Energy, the Environ14 mental Protection Agency, or the Depart15 ment of Defense; and 

16 (C) not greater than 17 non-Federal stake17 holders with expertise in wildland fire prepared18 ness, mitigation, suppression, or management, 

19 who collectively have a combination of back20 grounds, experiences, and viewpoints and are 

21 representative of rural, urban, and suburban 

22 areas, to be appointed by the Secretaries, in23 cluding— 


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1 (i) not fewer than 1 State hazard 

2 mitigation officer of a high-risk State (or 

3 a designee); 

4 (ii) with preference given to represent5 atives from high-risk States and high-risk 

6 Indian tribal governments, not fewer than 

7 1 representative from each of— 

8 (I) a State department of natural 

9 resources, forestry, or agriculture or a 

10 similar State agency; 

11 (II) a State department of energy 

12 or a similar State agency; 

13 (III) a county government, with 

14 preference given to counties at least a 

15 portion of which is in the wildland16 urban interface; and 

17 (IV) a municipal government, 

18 with preference given to municipalities 

19 at least a portion of which is in the 

20 wildland-urban interface; 

21 (iii) with preference given to rep22 resentatives from high-risk States and 

23 high-risk Indian tribal governments, not 

24 fewer than 1 representative from each of— 

25 (I) the public utility industry; 


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1 (II) the property development in2 dustry; and 

3 (III) Indian tribal governments; 

4 and 

5 (iv) any other appropriate non-Fed6 eral stakeholders, which may include the 

7 private sector, with preference given to 

8 non-Federal stakeholders from high-risk 

9 States and high-risk Indian tribal govern10 ments. 

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

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

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

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

15 of the Commission shall be made not later than 60 

16 days after the date of enactment of this Act. 

17 (c) PERIOD OF APPOINTMENT; VACANCIES.— 

18 (1) IN GENERAL.—A member of the Commis19 sion shall be appointed for the life of the Commis20 sion. 

21 (2) VACANCIES.—A vacancy in the Commis22 sion— 

23 (A) shall not affect the powers of the Com24 mission; and 


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

2 the original appointment. 

3 (d) MEETINGS.— 

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

5 after the date on which all members of the Commis6 sion have been appointed, the Commission shall hold 

7 the first meeting of the Commission. 

8 (2) FREQUENCY.—The Commission shall meet 

9 not less frequently than once every 30 days. 

10 (3) TYPE.—The Commission may hold meet11 ings, and a member of the Commission may partici12 pate in a meeting, remotely through teleconference, 

13 video conference, or similar means. 

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

15 the Commission shall constitute a quorum, but a 

16 lesser number of members may hold hearings. 

17 SEC. 4. DUTIES OF COMMISSION. 

18 (a) REPORT ON RECOMMENDATIONS TO MITIGATE

19 AND MANAGE WILDLAND FIRES.— 

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

21 the date of the first meeting of the Commission, the 

22 Commission shall submit to the appropriate commit23 tees of Congress a report describing recommenda24 tions to prevent, mitigate, suppress, and manage 

25 wildland fires, including— 


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1 (A) policy recommendations, including rec2 ommendations— 

3 (i) to maximize the protection of 

4 human life, community water supplies, 

5 homes, and other essential structures, 

6 which may include recommendations to ex7 pand the use of initial attack strategies; 

8 (ii) to facilitate efficient short- and 

9 long-term forest management in residential 

10 and nonresidential at-risk areas; 

11 (iii) to manage the wildland-urban 

12 interface; 

13 (iv) to manage utility corridors; and 

14 (v) to rehabilitate land devastated by 

15 wildland fire; 

16 (B) policy recommendations described in 

17 subparagraph (A) with respect to any rec18 ommendations for categorical exclusions from 

19 the requirement to prepare an environmental 

20 impact statement or analysis under the Na21 tional Environmental Policy Act of 1969 (42 

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

23 (C) policy recommendations for modern24 izing and expanding the use of technology, in25 cluding satellite technology, to prevent, mitiVerDate Sep 11 2014 05:00 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2150.IS S2150

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1 gate, suppress, and manage wildland fires, in2 cluding any recommendations with respect to— 

3 (i) the implementation of section 1114 

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

5 Management, and Recreation Act (43 

6 U.S.C. 1748b–1); or 

7 (ii) improving early wildland fire de8 tection; 

9 (D) an assessment of Federal spending on 

10 wildland fire-related disaster management, in11 cluding— 

12 (i) a description and assessment of 

13 Federal grant programs for States and 

14 units of local government for pre- and 

15 post-wildland fire disaster mitigation and 

16 recovery, including— 

17 (I) the amount of funding pro18 vided under each program; 

19 (II) the effectiveness of each pro20 gram with respect to long-term forest 

21 management and maintenance; and 

22 (III) recommendations to im23 prove the effectiveness of each pro24 gram, including with respect to— 


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1 (aa) the conditions on the 

2 use of funds received under the 

3 program; and 

4 (bb) the extent to which ad5 ditional funds are necessary for 

6 the program; 

7 (ii) an evaluation, including rec8 ommendations to improve the effectiveness 

9 in mitigating wildland fires, of— 

10 (I) the Building Resilient Infra11 structure and Communities program 

12 under section 203 of the Robert T. 

13 Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 

15 5133); 

16 (II) the Pre-Disaster Mitigation 

17 program under that section (42 

18 U.S.C. 5133); 

19 (III) the Hazard Mitigation 

20 Grant Program under section 404 of 

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

22 (IV) Hazard Mitigation Grant 

23 Program post-fire assistance under 

24 sections 404 and 420 of that Act (42 

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


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1 (iii) an assessment of the definition of 

2 ‘‘small impoverished community’’ under 

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

4 Disaster Relief and Emergency Assistance 

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

6 (I) the exclusion of the percent7 age of land owned by an entity other 

8 than a State or unit of local govern9 ment; and 

10 (II) any related economic impact 

11 of that exclusion; and 

12 (iv) recommendations for Federal 

13 budgeting for wildland fires; 

14 (E) any recommendations for matters 

15 under subparagraph (A), (B), (C), or (D) spe16 cific to— 

17 (i) forest type, vegetation type, or for18 est and vegetation type; or 

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

20 land; and 

21 (F)(i) a review of the national strategy de22 scribed in the report entitled ‘‘The National 

23 Strategy: The Final Phase in the Development 

24 of the National Cohesive Wildland Fire Man25 agement Strategy’’ and dated April 2014; and 


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1 (ii) any recommendations for changes to 

2 that national strategy to improve its effective3 ness. 

4 (2) SPECIFIC POLICY RECOMMENDATIONS.—To 

5 the maximum extent practicable, the report de6 scribed in paragraph (1) shall include detailed short7 and long-term policy recommendations, including 

8 any recommendations for Federal legislation. 

9 (3) INTERIM REPORTS.—Before the submission 

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

11 members of the Commission, the Commission may 

12 submit to the appropriate committees of Congress 1 

13 or more interim reports, as the Commission deter14 mines to be appropriate, relating to any matters de15 scribed in paragraph (1). 

16 (b) REPORT ON AERIAL WILDLAND FIREFIGHTING

17 EQUIPMENT STRATEGY AND INVENTORY ASSESSMENT.— 

18 (1) SUBMISSION OF INVENTORY TO THE COM19 MISSION.—Not later than 45 days after the date on 

20 which the Commission holds the first meeting of the 

21 Commission, the Secretary of Defense and the heads 

22 of other relevant Federal departments and agencies 

23 shall submit to the Commission an inventory of sur24 plus cargo and passenger aircraft and excess com25 mon-use aircraft parts that may be used for wildland 


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1 firefighting purposes, excluding any aircraft or air2 craft parts that are— 

3 (A) reasonably anticipated to be necessary 

4 for military operations, readiness, or fleet man5 agement in the future; or 

6 (B) already obligated for purposes other 

7 than fighting wildland fires. 

8 (2) SUBMISSION OF REPORT TO CONGRESS.— 

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

10 Commission receives the inventory described in para11 graph (1), the Commission shall submit to the ap12 propriate committees of Congress a report outlining 

13 a strategy to meet aerial firefighting equipment 

14 needs through 2030 in the most cost-effective man15 ner, including— 

16 (A) an assessment of the expected number 

17 of aircraft and aircraft parts needed to fight 

18 wildland fires through 2030; 

19 (B) an assessment of existing authorities 

20 of the Secretary of Defense and the heads of 

21 other relevant Federal departments and agen22 cies to provide or sell surplus aircraft or air23 craft parts to Federal, State, or local authori24 ties for 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 

5 of Defense and the heads of other relevant 

6 Federal departments and agencies to pro7 vide or sell surplus aircraft or aircraft 

8 parts to Federal, State, or local authorities 

9 for 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 

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

18 recommendations under paragraph (2)(C), the Com19 mission shall consider all private and public sector 

20 options for accessing necessary aircraft and aircraft 

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

23 (4) UNCLASSIFIED REPORT.—The inventory 

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

25 respectively— 


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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 

4 the members of the Commission shall approve the rec5 ommendations contained in each report submitted under 

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

7 SEC. 5. POWERS OF COMMISSION. 

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

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

10 testimony, and receive such evidence as the Commission 

11 considers 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 

16 to 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 

20 to the Commission. 

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

22 the United States mails in the same manner and under 

23 the same conditions as other departments and agencies of 

24 the 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 

4 Act. 

5 SEC. 6. COMMISSION PERSONNEL MATTERS. 

6 (a) NO COMPENSATION.—A member of the Commis7 sion shall serve without compensation. 

8 (b) TRAVEL EXPENSES.—A member of the Commis9 sion shall be allowed travel expenses, including per diem 

10 in lieu of subsistence, at rates authorized for employees 

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

12 United States Code, while away from their homes or reg13 ular places of business in the performance of services for 

14 the Commission. 

15 (c) STAFF.— 

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

17 Commission may, without regard to the civil service 

18 laws (including regulations), appoint and terminate 

19 an executive director and such other additional per20 sonnel as may be necessary to enable the Commis21 sion to perform its duties, except that the employ22 ment of an executive director shall be subject to con23 firmation by the Commission. 

24 (2) COMPENSATION.—The Chairpersons of the 

25 Commission may fix the compensation of the execuVerDate Sep 11 2014 05:00 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2150.IS S2150

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1 tive director and other personnel without regard to 

2 chapter 51 and subchapter III of chapter 53 of title 

3 5, United States Code, relating to classification of 

4 positions and General Schedule pay rates, except 

5 that the rate of pay for the executive director and 

6 other personnel may not exceed the rate payable for 

7 level V of the Executive Schedule under section 5316 

8 of that title. 

9 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Fed10 eral Government employee may be detailed to the Commis11 sion without reimbursement, and such detail shall be with12 out interruption or loss of civil service status or privilege. 

13 (e) PROCUREMENT OF TEMPORARY AND INTERMIT14 TENT SERVICES.—The Chairpersons of the Commission 

15 may procure temporary and intermittent services under 

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

17 for individuals that do not exceed the daily equivalent of 

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

19 Executive Schedule under section 5316 of that title. 

20 SEC. 7. TERMINATION OF COMMISSION. 

21 The Commission shall terminate on the date that is 

22 180 days after the date on which the Commission has sub23 mitted the reports under subsections (a) and (b) of section 

24 4. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $1,000,000. 

Æ 


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