Wildfire Suppression Aircraft Transfer Act of 1996
PL 104-307 (S.2078), enacted 10/14/1996

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 
Oct. 14, 1996 
suppression of wildfire. 
[S. 2078] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
Wildfire 
Suppressing 
SECTION 1. SHORT TITLE. 
Aircraft Transfer 
This Act may be cited as the "Wildfire Suppression Aircraft 10USC2576 
Transfer Act of 1996". 
note. 
SEC. 2. AUTHORITY TO SELL AIRCRAFT AND PARTS FOR WILDFIRE 10 USC 2576 
SUPPRESSION PURPOSES. 
note. 
(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 £m.d aircrsift parts referred 
to in paragraph (2) to persons or entities that contract with the 
Federal Government for the dehvery 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 imder 
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 fi'om the United 
States unless dispatched by the National Interagency Fire Cen-
ter 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 
writiQg in advance. 
(c) CERTIFICATION OF PERSONS AND ENTITIES.—The Secretary 
of Defense may sell aircraft and aircraft parts to a person or 
entity imder 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 Adminis-
29-194 O - 96-24 :QL31^6 
110 STAT. 3812 
PUBLIC LAW 104-307—OCT. 14, 1996 
trator of Greneral 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 pre-
scribed 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 author-
ity, 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 
(g) CONSTRUCTION,—^Nothing in this section may be construed 
as affecting the authority of the Administrator of the Federal Avia-
tion Administration under any other provision of law. 
Approved October 14, 1996. 
LEGISLATIVE HISTORY-^. 2078: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 26, considered and passed Senate. 
Oct. 4, considered and passed House.