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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1586 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 723
118th CONGRESS
  2d Session
                                H. R. 1586

                  [Report No. 118-721, Parts I and II]

To allow the Secretary of the Interior and the Secretary of Agriculture 
   to use a fire retardant, chemical, or water for fire suppression, 
                   control, or prevention activities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2023

 Mr. LaMalfa (for himself, Mr. Panetta, Mr. Newhouse, Mr. Fulcher, Mr. 
  Austin Scott of Georgia, Mr. McClintock, Mrs. Radewagen, Mr. Nehls, 
  Mrs. Boebert, Mr. Crawford, Mrs. Kim of California, Mr. Zinke, Mr. 
  Garamendi, Mr. Moore of Utah, Mr. Owens, Mr. Simpson, Mr. Kelly of 
    Mississippi, Mr. Calvert, Mr. Stauber, Mr. Issa, Mrs. Miller of 
    Illinois, Mr. Kiley, Mr. Rosendale, Mr. Costa, and Ms. Hageman) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
  Natural Resources, and Agriculture, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                            October 25, 2024

    Reported from the Committee on Natural Resources with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 16, 2024

Additional sponsors: Mr. Moore of Alabama, Mr. Obernolte, Mr. Valadao, 
Mr. Duarte, Mr. Moylan, Mr. Stewart, Mr. Bacon, Mr. Bentz, Mr. Rouzer, 
      Mr. Amodei, Mr. Carbajal, Mr. Gosar, Ms. Maloy and Mr. Lopez

                           December 16, 2024

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]

                           December 16, 2024

 Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                               14, 2023]

_______________________________________________________________________

                                 A BILL

 
To allow the Secretary of the Interior and the Secretary of Agriculture 
   to use a fire retardant, chemical, or water for fire suppression, 
                   control, or prevention activities.

 

    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 ``Forest Protection and Wildland 
Firefighter Safety Act of 2023''.

SEC. 2. PERMITTING REQUIREMENTS FOR CERTAIN DISCHARGES OF FIRE 
              RETARDANT.

    (a) Authorized Uses.--The Secretary of the Interior and the 
Secretary of Agriculture are each authorized to discharge a fire 
retardant, chemical, or water from aircraft for fire suppression, 
control, or prevention activities.
    (b) Permitting Requirements.--Notwithstanding any provision of the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), a permit 
under section 402 of such Act (33 U.S.C. 1342) shall not be required 
for the activities authorized by subsection (a) or for similar 
activities conducted by a covered entity.
    (c) Definition.--In this section, the term ``covered entity'' 
means--
            (1) the Forest Service;
            (2) the National Park Service;
            (3) the Bureau of Land Management;
            (4) the United States Fish and Wildlife Service;
            (5) the Bureau of Indian Affairs;
            (6) the Federal Emergency Management Agency;
            (7) a State (as defined in section 502 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362)) or a political 
        subdivision thereof;
            (8) a Tribal government; and
            (9) the Department of Defense.
            Amend the title so as to read: ``A bill to allow the 
        Secretary of the Interior and the Secretary of Agriculture to 
        use a fire retardant, chemical, or water from aircraft for fire 
        suppression, control, or prevention activities.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Protection and Wildland 
Firefighter Safety Act of 2023''.

SEC. 2. SAFE HARBOR FOR CERTAIN DISCHARGES OF WILDLAND FIRE CHEMICALS.

    (a) In General.--Subject to subsection (b), no court may enjoin 
under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
a covered entity from conducting an aerial application of a covered 
fire retardant and water enhancer for wildfire suppression, control, or 
prevention activities that results in a discharge, if such aerial 
application is conducted in accordance with the requirements of the 
Federal Facility Compliance Agreement between the Environmental 
Protection Agency and the U.S. Forest Service, as agreed to on February 
16, 2023.
    (b) Period of Application.--Subsection (a) shall apply to any 
aerial application described in such subsection that is conducted 
before the effective date of a permit issued by the Administrator of 
the Environmental Protection Agency or a State, as applicable, under 
section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) 
that authorizes the discharge, from such aerial application, of a 
covered fire retardant and water enhancer for wildfire suppression, 
control, or prevention activities.
    (c) Effect.--Nothing in this section affects the authority of any 
court under the Federal Water Pollution Control Act with respect to any 
discharge resulting from an aerial application not conducted in 
accordance with the requirements described in subsection (a).
    (d) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' means--
                    (A) any Federal agency, agency of a State or 
                political subdivision thereof, or Tribal agency, 
                authorized by law to conduct an aerial application of 
                fire retardants and water enhancers for wildfire 
                suppression, control, or prevention activities; and
                    (B) any contractor, subcontractor, or other agent 
                of an agency described in subparagraph (A).
            (2) Covered fire retardant and water enhancer.--The term 
        ``covered fire retardant and water enhancer'' means a fire 
        retardant and water enhancer that--
                    (A) has been evaluated, qualified, and approved by 
                the Secretary of Agriculture; and
                    (B) appears on the most current Forest Service 
                Qualified Products List.
            (3) Discharge; state.--The terms ``discharge'' and 
        ``State'' have the meanings given those terms in section 502 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1362).
    (e) Sunset.--This section shall cease to be effective on the date 
that is 5 years after the date of enactment of this section.
                                                 Union Calendar No. 723

118th CONGRESS

  2d Session

                               H. R. 1586

                  [Report No. 118-721, Parts I and II]

_______________________________________________________________________

                                 A BILL

To allow the Secretary of the Interior and the Secretary of Agriculture 
   to use a fire retardant, chemical, or water for fire suppression, 
                   control, or prevention activities.

_______________________________________________________________________

                           December 16, 2024

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           December 16, 2024

 Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
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