H.R. 1586 — Reported in House

IB Union Calendar No. 723 118th CONGRESS 2d Session H. R. 1586 [Report No. 118–721, Parts I and II] IN THE HOUSE OF REPRESENTATIVES March 14, 2023Mr. 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, 2024Reported from the Committee on Natural Resources with amendmentsStrike out all after the enacting clause and insert the part printed in italic December 16, 2024Additional 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, 2024Reported from the Committee on Transportation and Infrastructure with an amendmentStrike 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 printedFor 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. 1. Short title This Act may be cited as the Forest Protection and Wildland Firefighter Safety Act of 2023. 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.. 1. Short title This Act may be cited as the Forest Protection and Wildland Firefighter Safety Act of 2023. 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. December 16, 2024Reported from the Committee on Transportation and Infrastructure with an amendmentDecember 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