Wildfire Disaster Recovery Act of 1989
PL 101-286 (H.R.1011), enacted 05/09/1990

PUBLIC LAW 101-286—MAY 9, 1990 
104 STAT. 171 
Public Law 101-286 
101st Congress 
An Act 
To provide for the establishment of the National Commission on Wildfire Disasters, 
to provide for increased planning and cooperation with locsd firefighting forces in 
the event of forest fires, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. This Act may be cited as the "Wildfire Disaster Recov-
ery Act of 1989". 
TITLE I—NATIONAL COMMISSION ON WILDFIRE 
DISASTERS 
SEC. 101. FINDINGS AND POLICY. 
(a) FINDINGS.—Congress finds that— 
(1) the natural fire disasters that occurred in 1987 and 1988 in 
Western and Southeastern States burned nearly seven and one-
half million acres of Federal, State, and private land; 
(2) these fires have altered the ability of Federal Government 
agencies to effectively manage the lands for timber production, 
fish and wildlife habitation, watershed, and recreation for 
future use by the American public; and 
(3) the communities in and surrounding the areas affected by 
the fires have suffered economic and social losses. 
(b) PoucY.—It is hereby declared to be the policy of Congress to 
respond to these disasters and prepare for potential disasters by 
reviewing the effect of these disasters on natural resources and on 
the financial and cultural aspects of the affected communities and 
by adopting such policies as are needed to assist in an effective and 
efficient recovery of those communities. 
SEC. 102. NATIONAL COMMISSION ON WILDFIRE DISASTERS. 
(a) EsTABUSHMENT.—There is hereby established a National 
Commission on Wildfire Disasters (hereafter referred to as the 
"Commission") which shall study the effects of disastrous wildfires, 
resulting from natural or other causes, and make recommendations 
concerning the steps necessary for a smooth and timely transition 
from the loss of natural resources due to such fires. 
(b) COMPOSITION.—(1) The Commission shall be composed of 25 
members. Thirteen members shall be appointed by the Secretary of 
Agriculture with at least one from each of the following groups: the 
timber industry, nonindustrial private forest landowners. State or 
local officials, employees of the Department of Agriculture, sci-
entists from the academic community, wildlife biologists, members 
of private nonprofit forestry organizations, members of environ-
mental organizations, and community leaders. Twelve members 
shall be appointed by the Secretary of the Interior, with at least one 
from each of the following groups: State or local officials, employees 
of the Department of the Interior, scientists from the academic 
May 9, 1990 
[H.R. 1011] 
Wildfire 
Disaster 
Recovery Act of 
1989. 
Forests and 
forest products. 
National Forest 
System. 
National parks, 
monuments, etc. 
Public lands. 
16 u s e 551 note. 
16 u s e 551 note. 
104 STAT. 172 
PUBLIC LAW 101-286—MAY 9, 1990 
community, wildlife biologists, members of environmental organiza-
tions, members of private nonprofit national park organizations, 
conservationists, community leaders, and fire ecologists. 
(2) The two Secretaries shall each appoint no more than three 
members from any one State and shall each appoint at least five 
members from areas affected by wildfires since 1986. 
(3) In making appointments under this subsection, the Secretary 
of Agriculture shall consider nominations submitted by the follow-
ing Members of Congress: 
(A) The chairman of the Committee on Agriculture of the 
House of Representatives. 
(B) The ranking minority member of the Committee on Agri-
culture of the House of Representatives. 
(C) The chairman of the Committee on Agriculture, Nutrition, 
and Forestry of the Senate. 
(D) The ranking minority member of the Committee on Agri-
culture, Nutrition, and Forestry of the Senate. 
(4) In making appointments under this subsection, the Secretary 
of the Interior shall consider nominations submitted by the follow-
ing Members of Congress: 
(A) The chairman of the Committee on Interior and Insular 
Affairs of the House of Representatives. 
(B) The ranking minority member of the Committee on In-
terior and Insular Affairs of the House of Representatives. 
(C) The chairman of the Committee on Energy and Natural 
Resources of the Senate. 
(D) The ranking minority member of the Committee on 
Energy and Natural Resources of the Senate. 
(c) VACANCY.—A vacancy on the Commission shall be filled by 
appointment in the manner provided in subsection Qo) by the Sec-
retary making the initial appointment. 
(d) CHAIRPERSON.—The Commission shall elect a cheiirperson from 
among the members of the Commission by a majority vote. 
(e) MEETINGS.—The Commission shall meet at the call of the 
chairperson or a majority of the members of the Commission. 
SEC. 103. DUTIES. 
(a) STUDY.—The National Commission on Wildfire Disasters shall 
study the effects of fires on— 
(1) the current and future economy of affected communities; 
(2) the availability of sufficient timber supplies to meet future 
industry needs; 
(3) fish and wildlife habitats; 
(4) recreation in the affected areas; 
(5) watershed and water quEility protection plans in effect 
within National Forest System lands; 
(6) ecosystems in the areas; 
(7) management plans of the affected National Forest System 
lands; 
(8) national parks; 
(9) Bureau of Land Management public lands; 
(10) wilderness; and 
(11) biodiversity of the affected areas. 
(b) FINDINGS AND RECOMMENDATIONS.—On the basis of its study, 
the Commission shall make findings and develop recommendations 
for consideration by the Secretaries of Agriculture and the Interior 
with respect to the future management of National Forest System 
PUBLIC LAW 101-286—MAY 9, 1990 
104 STAT. 173 
lands, national parks, Bureau of Land Management public lands, 
and community redevelopment activities and programs. 
(c) REPORT.—The Commission shall submit to the Secretaries of 
Agriculture and the Interior, not later than December 1, 1991, a 
report containing its findings and recommendations. The Secretar-
ies of Agriculture and the Interior shall forthwith submit the report 
to the Committee on Agriculture of the House of Representatives, 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate, the Committee on Interior and Insular Affairs of the House 
of Representatives, and the Committee on Energy and Natural 
Resources of the Senate, and the report is authorized to be printed 
as a House Document. 
SEC. 104. OPERATION IN GENERAL. 
(a) AGENCY COOPERATION.—The heads of executive agencies, the 
General Accounting Office, the Office of Technology Assessment, 
and the Congressional Budget Office shall provide the Commission 
such information as may be required to carry out its duties and 
functions. 
(b) COMPENSATION.—Members of the Commission shall serve with-
out compensation for work on the Commission. While away from 
their homes or regular places of business in the performance of 
duties of the Commission, members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, as 
authorized by law for persons serving intermittently in the Govern-
ment service under section 5703 of title 5 of the United States Code. 
(c) EMPLOYEES.—(1) To the extent there are sufficient funds avail-
able to the Commission and subject to such rules as may be adopted 
by the Commission, the Commission, without regard to the provi-
sions of title 5 of the United States Code governing appointments in 
the competitive service and, except £is provided in paragraph (2), 
without regard to the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to the classification and General 
Schedule pay rates, may— 
(A) appoint and fix the compensation of a director; and 
(B) appoint and fix the compensation of such additional 
personnel as the Commission determines necessary to assist it 
to carry out its duties and functions. 
(2) No employee of the Commission shall be compensated at a 
pay rate greater than the rate received by an employee at the grade 
of GS-16 as described in section 5104(16) of title 5 of the United 
States Code. 
(d) STAFF AND SERVICES.—On the request of the Commission, the 
heads of executive agencies, the Comptroller General, and the Direc-
tor of the Office of Technology Assessment may furnish the Commis-
sion with such office, personnel or support services as the head of 
the agency, or office, and the chairperson of the Commission agree 
are necessary to assist the Commission to carry out its duties sind 
functions. The Commission shall not be required to pay, or re-
imburse, any agency for office, personnel or support services pro-
vided under this subsection. 
(e) EXEMPTIONS.—(1) The Commission shall be exempt from sec-
tions 7(d), 10(f), and 14 of the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(2) The Commission shall be exempt from the requirements of 
sections 4301 through 4305 of title 5 of the United States Code. 
104 STAT. 174 
PUBLIC LAW 101-286—MAY 9, 1990 
Regulations. 
Public 
information. 
SEC. 105. FUNDING. 
(a) ACCEPTANCE OF CONTRIBUTIONS.—Following the appointment of 
the members of the National Commission on Wildfire Disasters, 
notwithstanding the provisions of section 1342 of title 31 of the 
United States Code, the Secretary of Agriculture may receive on 
behalf of the Commission, from persons, groups, and entities within 
the United States, contributions of money and services to assist the 
Commission in carrying out its duties and functions. Any money 
contributed under this section shall be made available to the 
Commission to carry out this Act. 
(b) LIMITATION ON CONTRIBUTION.—The Secretary of Agriculture 
shall promulgate regulations to assure that the aggregate amount of 
contributions from any one person, group, or entity shall not exceed 
10 percent of the total amount of funds that will be contributed to 
the Commission. 
(c) RECORDS.—The Secretary of Agriculture shall keep, and shall 
make available for public inspection during normal business hours, 
records that fully disclose a complete list of every person, group, and 
entity making a contribution under this section, the address of the 
contributor, the amount and t3rpe of each such contribution, arid the 
date the contribution was made. 
(d) EXCESS FUNDS.—Any amount of money available to the 
Commission under this section that remains unobligated upon 
termination of the Commission shall be deposited in the Treasury as 
miscellaneous receipts. 
SEC. 106. TERMINATION. 
The National Commission on Wildfire Disasters shall cease to 
exist 90 days following the submission of its report to the Secretaries 
of Agriculture and the Interior. 
TITLE II—FOREST FIREFIGHTING PLANNING AND 
COOPERATION 
16 use 551b 
note. 
16 u s e 551b. 
SEC. 201. FINDINGS. 
The Congress finds that— 
(1) it is in the best interest of the Nation to take swift action 
to rehabilitate burned forests, and an assessment of the situa-
tion is necessary to accomplish this; and 
(2) volunteers should be trained to assist where possible. 
SEC. 202. REPORT ON REHABILITATION NEEDS. 
Not later than six months after the date of enactment of this Act 
and annually thereafter, detailed reports by— 
(1) the Secretary of Agriculture on the rehabilitation needs of 
each Forest Service Region, and 
(2) the Secretary of the Interior on the rehabilitation needs of 
the Bureau of Land Management public lands on a State-by-
State basis and of each National Park Region, 
resulting from disastrous forest fire damage during the previous 
year shall be submitted to Congress. Each such report shall specify 
the needs with respect to reforestation, vegetation management, 
timber stand improvement, fish and wildlife habitat restoration, soil 
conservation, recreation, and wilderness resources. 
PUBLIC LAW 101-286—MAY 9, 1990 
104 STAT. 175 
SEC. 203. PLANNING FOR FIRE PROTECTION. 
16 USC 551c. 
(a) VOLUNTEER FIREFIGHTERS.—The Secretaries of Agriculture and 
the Interior shall annually offer training programs to certify volun-
teers for suppressing forest fires on National Forest System lands, 
National Park System lands and Bureau of Land Management 
public lands in the event that the appropriate Secretary determines 
that such volunteers are needed. In carrying out this subsection, the 
Secretaries should utilize existing authorities to train volunteer 
firefighters for use in fire emergencies. The Secretaries should 
assess the capabilities of educational institutions and other public 
and private organizations to provide such training programs. 
OD) DEFINITION.—For the purposes of this section, the term "edu-
cational institutions" shall include institutions established pursuant 
to the Act of July 2, 1862 (7 U.S.C. 301 et seq., commonly known as 
the "Morrill Act"), or the Act of August 30, 1890 (7 U.S.C. 321 et 
seq., commonly known as the "Second Morrill Act"). 
(c) MoBiuzATiON OF LocAL EQUIPMENT.—Not later than one year 
after the date of enactment of this Act— 
(1) the Secretary of Agriculture shall submit to the Congress 
information with respect to regions of the National Forest 
System, and 
(2) the Secretary of the Interior shall submit to the Congress 
information with respect to the Bureau of Land Management 
public lands on a State-by-State basis and each region of the 
National Park System 
that documents mobilization plans that provide for the use of fire-
fighting equipment in cases of fire emergencies that may occur in 
each such area that may be highly prone to disastrous forest fires. 
(d) PRESUPPRESSION NEEDS.—Not later than one year after the 
date of enactment of this Act, information from the Secretary of 
Agriculture on presuppression needs for each region of the National 
Forest System and information from the Secretary of the Interior on 
the presuppression needs for each region of the National Park 
System and for each State unit of the Bureau of Land Management 
shall be submitted to Congress. These reports shall include needs. 
Reports, 
including an estimate of the funds required, for fire prevention, fuel 
reduction, training and seasonal fire crews. 
SEC. 204. VOLUNTEER COMPENSATION FOR LOSSES AND DAMAGES. 
Claims. 
(a) NATIONAL FORESTS.—Section 3 of the Volunteers in the Na-
tional Forests Act of 1972 (16 U.S.C. 558c) is amended by adding the 
following new subsection: 
"(d) For the purposes of clsiims relating to damage to, or loss of, 
personal property of a volunteer incident to volunteer service, a 
volunteer under this Act shall be considered a Federal employee, 
and the provisions of 31 U.S.C. 3721 shall apply.". 
Ob) NATIONAL PARKS.—Section 3 of the Volunteers in the Parks 
Act of 1969 (16 U.S.C. 18i) is amended by adding the following new 
subsection: 
"(d) For the purpose of claims relating to damage to, or loss of, 
personal property of a volunteer incident to volunteer service, a 
volunteer under this Act shall be considered a Federal employee, 
and the provisions of 31 U.S.C. 3721 shall apply.". 
(c) BUREAU OF LAND MANAGEMENT.—Section 307(f) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1737(f)) is 
amended to read as follows: 
104 STAT. 176 
PUBLIC LAW 101-286—MAY 9, 1990 
"(f) Volunteers shall not be deemed employees of the United 
States except for the purposes o
f
— 
"(1) the tort claims provisions of title 28; 
"(2) subchapter 1 of chapter 81 of title 5; and 
"(3) claims relating to damage to, or loss of, personal property 
of a volunteer incident to volunteer service, in which case the 
provisions of 31 U.S.C. 3721 shall apply.". 
Approved May 9, 1990. 
LEGISLATIVE HISTORY—H.R. 1011: 
HOUSE REPORTS: No. 101-333, Pt. 1 (Ckjmm. on Agriculture). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 13, considered and passed House. 
Vol. 136 (1990): Apr. 26, considered and passed Senate.