,,ii #aaith ,,congress #b;d ,session ,s4 #dbgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjbf,mr4 ,sheehy 7for himself and ,mr4 ,padilla7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to authorize the ,secretary of ,agriculture to transfer title to certain aircraft and related parts loaned under the ,federal ,excess ,personal ,property program to authorized users after a qualifying period of use1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wildfire ,investment and ,next ,generation ,stewardship ,act or the ,,wings ,act4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds the following3 7#a7 ,since #aief1 the ,department of ,agriculture has operated a ,federal ,excess ,personal ,property program through which the ,forest ,service acquires excess property1 primarily from the ,department of ,defense1 and loans such property to ,state foresters for wildland and rural firefighting purposes4 7#b7 ,state and local firefighting agencies have successfully used aircraft and related parts obtained through the ,federal ,excess ,personal ,property program to protect lives1 property1 and natural resources for extended periods1 often exceeding #aj years4 7#c7 ,after lengthy periods of use1 maintenance1 and investment by authorized users1 uncertainty regarding ownership and disposal authority can create operational and planning difficulties4 7#d7 ,authorizing transfer of title to aircraft and serviceable aircraft parts after a qualifying period of responsible use will improve asset management1 reduce administrative burden1 and recognize the substantial investment made by ,state and local agencies in maintaining and operating such property4 7b7 ,purpose ,the purpose of this ,act is to authorize the ,secretary of ,agriculture to transfer title to certain aircraft and related parts loaned under the ,federal ,excess ,personal ,property program to authorized users that have demonstrated responsible stewardship over a sustained period4 #c4 ,transfer of title to certain aircraft and related parts loaned under ,federal ,excess ,personal ,property program 7a7 ,definitions ,in this section3 7#a7 ,aircraft ,the term aircraft means any fixed wing or rotary wing aircraft1 including installed equipment and associated components1 that is made available to an authorized user under a ,federal ,excess ,personal ,property program4 7#b7 ,authorized user ,the term authorized user means a ,state1 political subdivision of a ,state1 or other entity that is eligible to receive1 and has received1 aircraft or serviceable aircraft parts under the ,federal ,excess ,personal ,property program4 7#c7 ,federal ,excess ,personal ,property program ,the term ,federal ,excess ,personal ,property program means the program 7or a successor program7 administered by the ,secretary under which aircraft and serviceable aircraft parts are provided to authorized users for the purpose of wildland or rural firefighting4 7#d7 ,good standing ,the term good standing means1 with respect to an authorized user and an aircraft or serviceable aircraft part1 that1 as determined by the ,secretary1 the authorized user-- 7,a7 is1 as of the date of the determination1 in compliance with-- 7i7 all applicable statutes1 regulations1 and written program requirements of the ,department of ,agriculture relating to property provided under the ,federal ,excess ,personal ,property program2 and 7ii7 the terms and conditions of any agreement or instrument under which the aircraft or serviceable aircraft part was made available to the authorized user2 7,b7 has timely submitted all required inventories1 reports1 certifications1 and other documentation relating to the aircraft or serviceable aircraft part1 as determined by the ,secretary2 7,c7 has not misused1 sold1 leased1 encumbered1 transferred1 or otherwise disposed of the aircraft or serviceable aircraft part in violation of any applicable requirement or agreement2 7,d7 has maintained accurate and current inventory records of all serviceable aircraft parts in the possession of the authorized user1 whether installed or uninstalled1 in accordance with requirements under the ,federal ,excess ,personal ,property program2 and 7,e7 is not1 as of the date of the determination1 subject to any suspension1 debarment1 or other formal enforcement action by the ,department of ,agriculture that relates to the aircraft1 the serviceable aircraft parts1 or the ,federal ,excess ,personal ,property program4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#f7 ,serviceable aircraft part ,the term serviceable aircraft part means any component1 assembly1 subassembly1 spare part1 accessory1 support equipment1 or other item of equipment1 regardless of whether it is currently installed on an aircraft1 that is-- 7,a7 designed for use on1 or in support of the maintenance or operation of1 an aircraft2 7,b7 made available to an authorized user under a ,federal ,excess ,personal ,property program administered by the ,secretary2 and 7,c7 determined by the authorized user1 in accordance with applicable maintenance standards and ,federal ,excess ,personal ,property program requirements1 to be-- 7i7 in serviceable condition2 or 7ii7 capable of being restored to serviceable condition through overhaul or maintenance4 7b7 ,authority ,to transfer title 7#a7 ,in general ,notwithstanding any other provision of law governing the retention of title to property made available under the ,federal ,excess ,personal ,property program1 the ,secretary may transfer all right1 title1 and interest of the ,united ,states in and to an aircraft or serviceable aircraft part to the authorized user that has received the aircraft or serviceable aircraft part if the requirements of subsection 7c7 or 7d71 as applicable1 are satisfied4 7#b7 ,effect of transfer ,upon a transfer under paragraph 7#a7-- 7,a7 the ,united ,states shall have no further ownership interest in the aircraft or serviceable aircraft part2 and 7,b7 the authorized user shall assume full ownership of the aircraft or serviceable aircraft part1 subject to-- 7i7 any conditions imposed under subsection 7e72 and 7ii7 any applicable ,federal law1 including laws relating to export controls and national security4 7c7 ,eligibility for transfer of aircraft ,the ,secretary may approve the transfer of right1 title1 and interest in and to an aircraft to an authorized user under subsection 7b7 only if the ,secretary determines that-- 7#a7 the authorized user has had continuous possession of the aircraft for not fewer than #aj years beginning on the date the aircraft was first received by the authorized user under the ,federal ,excess ,personal ,property program1 whether used for operational purposes or as a source of serviceable parts2 7#b7 as of the date of the determination1 the authorized user is in good standing with respect to the aircraft2 and 7#c7 the transfer would not be inconsistent with-- 7,a7 any statutory limitation or condition governing the original furnishing of the aircraft to the ,department of ,agriculture by another ,federal department or agency2 or 7,b7 any applicable national security1 export control1 or similar restriction1 as determined by the ,secretary in consultation1 as appropriate1 with the ,secretary of ,defense and the heads of any other relevant ,federal agencies4 7d7 ,eligibility for transfer of serviceable aircraft parts ,the ,secretary may approve the transfer of right1 title1 and interest in and to a serviceable aircraft part to an authorized user under subsection 7b7 only if the ,secretary determines that-- 7#a7 the authorized user-- 7,a7 has had continuous possession of the serviceable aircraft part for not fewer than #e years beginning on the date the serviceable aircraft part was first received by the authorized user under the ,federal ,excess ,personal ,property program2 or 7,b7 has had continuous possession of an aircraft under the ,federal ,excess ,personal ,property program for not fewer than #aj years and the serviceable aircraft part was received in support of that aircraft1 regardless of when the serviceable aircraft part was received2 7#b7 as of the date of the determination1 the authorized user is in good standing with respect to the serviceable aircraft part2 7#c7 the authorized user has maintained accurate and current inventory records of the serviceable aircraft part in accordance with standards established by the ,secretary1 including documentation of the condition1 location1 and intended use of the serviceable aircraft part2 and 7#d7 the transfer would not be inconsistent with-- 7,a7 any statutory limitation or condition governing the original furnishing of the serviceable aircraft part to the ,department of ,agriculture by another ,federal department or agency2 or 7,b7 any applicable national security1 export control1 or similar restriction1 as determined by the ,secretary in consultation1 as appropriate1 with the ,secretary of ,defense and the heads of any other relevant ,federal agencies4 7e7 ,conditions on transfers 7#a7 ,in general ,as a condition of approving a transfer under this section1 the ,secretary may require the authorized user to agree1 in such form as the ,secretary may prescribe1 to #a or more of the following3 7,a7 ,that1 for a period not to exceed #e years beginning on the date of transfer1 the authorized user will continue to use any aircraft transferred under this section primarily-- 7i7 for public purposes consistent with the purposes of the ,federal ,excess ,personal ,property program1 which may include wildland fire suppression1 other emergency response1 public safety missions1 and training in support of those missions2 or 7ii7 as a source of serviceable aircraft parts to support other aircraft used for the public purposes described in clause 7i74 7,b7 ,that1 for a period not to exceed #c years beginning on the date of transfer1 the authorized user-- 7i7 will use any serviceable aircraft parts transferred under this section for purposes consistent with the maintenance1 repair1 overhaul1 or operational support of aircraft used for the public purposes described in subparagraph 7,a77i72 and 7ii7 will not use any serviceable aircraft parts transferred under this section for commercial resale or distribution except with the prior written consent of the ,secretary4 7,c7 ,that1 for a period not to exceed #e years beginning on the date of transfer1 the authorized user will not sell1 lease1 encumber1 export1 or otherwise dispose of the aircraft or serviceable aircraft parts transferred under this section except-- 7i7 with the prior written consent of the ,secretary2 or 7ii7 in accordance with such conditions as the ,secretary may establish by regulation4 7,d7 ,that1 for a period not to exceed #e years beginning on the date of transfer1 the authorized user will maintain such records relating to the use and disposition of the aircraft or serviceable aircraft parts1 and will make such records available to the ,secretary upon reasonable request1 as the ,secretary may require4 7#b7 ,modification or waiver ,the ,secretary may1 on a case-by-case basis1 modify or waive the application1 in whole or in part1 of one or more conditions imposed under paragraph 7#a7 if the ,secretary determines that such modification or waiver is necessary-- 7,a7 to protect public safety2 7,b7 to comply with other applicable ,federal law2 7,c7 because continued use of the aircraft or serviceable aircraft part by the authorized user is no longer practicable2 or 7,d7 to facilitate appropriate maintenance1 overhaul1 or repair activities4 7f7 ,application and determination 7#a7 ,application ,an authorized user seeking a transfer of an aircraft or serviceable aircraft part under this section shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require1 including-- 7,a7 documentation of the date on which the aircraft or serviceable aircraft part was first received or placed into service by the authorized user2 7,b7 if the application relates to one or more serviceable aircraft parts1 a complete and current inventory of all such serviceable aircraft parts for which transfer is requested1 including information on the condition1 location1 and intended or actual use of each serviceable aircraft part2 7,c7 information sufficient for the ,secretary to determine whether the authorized user is in good standing with respect to the aircraft or serviceable aircraft part2 and 7,d7 any certifications or other assurances required by the ,secretary regarding intended future use and compliance with conditions imposed under subsection 7e74 7#b7 ,timeline for decision ,not later than #ahj days after the date on which the ,secretary receives a complete application under paragraph 7#a71 the ,secretary shall approve or deny the application4 7#c7 ,denial ,if the ,secretary denies an application submitted under paragraph 7#a71 the ,secretary shall provide to the authorized user a written notification of the denial that-- 7,a7 states the reasons for the denial2 and 7,b7 identifies1 to the extent practicable1 any actions the authorized user may take to cure the deficiencies and become eligible for a future transfer with respect to that aircraft1 that serviceable aircraft part1 or other aircraft or serviceable aircraft parts4 7g7 ,regulations and guidance ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations1 or issue such revisions to regulations or written guidance1 as the ,secretary determines to be necessary to carry out this section1 including-- 7#a7 objective criteria and procedures for determining whether an authorized user is in good standing2 7#b7 standards for inventory management1 tracking1 and reporting of serviceable aircraft parts1 including serviceable aircraft parts not installed on an aircraft and serviceable aircraft parts that require overhaul or maintenance before installation2 7#c7 standards and procedures for evaluating applications and making determinations under subsection 7f71 including verification of parts inventories and condition assessments2 7#d7 model terms and conditions for agreements entered into under subsection 7e71 with separate or tailored conditions for aircraft and for serviceable aircraft parts2 and 7#e7 safeguards1 including any necessary coordination with other ,federal departments or agencies1 to ensure compliance with statutory limitations and with national security1 export control1 and similar requirements4 7h7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to limit any other authority of the ,secretary-- 7,a7 to transfer title to property2 7,b7 to reclaim property2 or 7,c7 to impose conditions on the participation of an authorized user in the ,federal ,excess ,personal ,property program2 or 7#b7 to affect any law applicable to the original transfer of an aircraft or serviceable aircraft part to the ,department of ,agriculture by another ,federal department or agency4