Summary of the Immediate Wildfire Response and Land Restoration Act of 2027

120th Congress

1st Session

S. ____

A BILL

To authorize immediate state and local wildfire suppression, proactive hazardous fuels reduction, post-

fire cleanup, salvage, road repair and access, rangeland restoration, and forest restoration actions on

federal lands, and for other purposes.

IN THE SENATE OF THE UNITED STATES

[Date]

Ms. Perkins (for herself and others) introduced the following bill; which was read twice and referred to

the Committee on Energy and Natural Resources.

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 “Immediate Wildfire Response, Prevention, and Land Restoration Act of

2027”.

SECTION 2. CONGRESSIONAL FINDINGS.

Congress finds the following:

(1) Responsible private timberland owners and ranchers consistently maintain healthier forests and

rangelands with significantly lower wildfire risk through active stewardship;

(2) Federal agencies (USFS and BLM) have failed to manage vast portions of federal forests and grazing

lands with the same level of care, resulting in excessive fuel loads, higher taxpayer costs, and more

destructive wildfires;

(3) Federal grazing programs operate at a net loss to taxpayers while producing minimal revenue;

(4) Increased timber harvesting and responsible private ownership of suitable federal lands would

reduce the burden on taxpayers, generate revenue, improve land stewardship, and decrease

catastrophic wildfire risk;

(5) Wildfires do not respect jurisdictional boundaries and frequently originate on or spread rapidly

across federal lands managed by the United States Forest Service and the Bureau of Land Management;

(6) Delays in authorizing state and local resources can allow fires to grow exponentially, resulting in

greater loss of life, property, timber, watersheds, wildlife habitat, and rangeland resources.

SECTION 3. CONSTITUTIONAL AUTHORITY.

This Act is authorized under Article IV, Section 3, Clause 2 of the United States Constitution (the Property

Clause), which grants Congress the power to “dispose of and make all needful Rules and Regulations

respecting the Territory or other Property belonging to the United States.”

SECTION 4. AUTHORITY FOR IMMEDIATE WILDFIRE SUPPRESSION ON FEDERAL LANDS.

(a) In General. Notwithstanding any other provision of law, a State or local firefighting agency may

immediately deploy personnel, equipment, aircraft, and other resources to suppress a wildfire on

federal lands managed by the Secretary of Agriculture through the Forest Service or the Secretary of the

Interior through the Bureau of Land Management the moment a wildfire is detected, without prior

approval from any federal agency.

(b) Notification. A State or local firefighting agency acting under subsection (a) shall notify the

appropriate federal land management agency as soon as practicable.

SECTION 5. FEDERAL ROAD ACCESS AND MAINTENANCE.

(a) In General. All Forest Service and Bureau of Land Management roads on federal lands shall remain

open and accessible to the public and emergency responders unless closed by an Act of Congress or a

formal emergency order.

(b) Gating of Roads Prohibited. The USFS and BLM are prohibited from gating, locking, or otherwise

blocking public access to forest service roads except in cases of active, temporary safety hazards that

cannot be quickly mitigated. All existing gates shall be removed or left unlocked during fire season and

periods of high fire risk.

(c) Road Maintenance Requirement. The USFS and BLM shall implement and maintain a regular, ongoing

road maintenance program to keep forest service roads passable for emergency vehicles, including

clearing vegetation, repairing drainage systems, grading surfaces, and addressing washouts in a timely

manner.

(d) Prioritization. Road maintenance shall be prioritized on roads that provide critical access for wildfire

suppression, fuels reduction projects, and post-fire recovery operations.

SECTION 6. AUTHORITY FOR POST-FIRE CLEANUP, SALVAGE, AND INFRASTRUCTURE REPAIR.

(a) In General. After a wildfire on federal lands has been declared contained or extinguished, a State or

local agency may immediately deploy personnel, equipment, contractors, and other resources to

perform the following activities on those federal lands without prior federal approval:

(1) clearing and salvaging burned or damaged timber;

(2) removing animal remains, hazardous debris, and other post-fire waste;

(3) repairing, rebuilding, or constructing forest roads and access routes or rangeland infrastructure

including fences, water developments, and stock trails;

(4) reseeding burned rangelands with appropriate native or site-adapted grasses, forbs, and shrubs and

controlling invasive species.

(b) Purpose. These actions shall be taken to protect watersheds, prevent erosion and landslides, reduce

future fire risk, and facilitate safe and timely land restoration.

SECTION 7. AUTHORITY FOR RAPID REFORESTATION AND LAND RESTORATION.

(a) In General. As soon as feasible after post-fire cleanup activities under Section 6 are underway or

completed, a State or local agency may immediately begin reforestation and restoration work on the

affected federal lands, including:

(1) planting appropriate native or site-adapted trees and vegetation to restore forest cover;

(2) implementing other forestry management and restoration practices or rangeland restoration

practices necessary to reestablish healthy, resilient forests and rangelands.

(b) Standards. Restoration activities shall use scientifically appropriate species and methods designed to

promote long-term land health, biodiversity, and resistance to future wildfires.

SECTION 8. REIMBURSEMENT.

The Secretary of Agriculture and the Secretary of the Interior shall promptly reimburse a State or local

agency for all reasonable costs incurred under this Act. Reimbursement shall be processed within 90

days of submission of a complete claim through existing federal wildfire cost-share agreements or

emergency procedures.

SECTION 9. LIABILITY PROTECTION.

A State or local agency and its personnel acting in good faith pursuant to this Act shall not be liable for

civil damages resulting from actions taken under this Act, except in cases of gross negligence or willful

misconduct.

(a) Applicability. This protection applies to all wildfires regardless of ignition source, including lightning-

caused fires.

(b) Limitation on Judicial Review. Notwithstanding any other provision of law, no court shall have

jurisdiction to issue any injunction, restraining order, or other equitable relief that would delay, enjoin,

or otherwise impede actions taken under this Act.

SECTION 10. PROACTIVE HAZARDOUS FUELS REDUCTION.

The U.S. Forest Service, Bureau of Land Management, and Department of Agriculture shall actively

manage federal forests and rangelands using the same standards of stewardship practiced by

responsible private timberland owners. These agencies shall implement aggressive hazardous fuels

reduction programs on federal lands in high or very high wildfire risk areas nationwide using mechanical

thinning, biomass removal, targeted grazing, and other proven non-fire methods to significantly reduce

surface and ladder fuels and improve overall forest and rangeland health.

SECTION 11. LAST RESORT – TRANSFER OF UNDERPERFORMING FEDERAL LANDS.

If the U.S. Forest Service and Bureau of Land Management fail to demonstrate meaningful progress in

reducing hazardous fuel loads and improving forest and rangeland health on high-risk lands within five

years of enactment, Congress shall initiate a process to sell or convey suitable federal lands to state governments, local governments, tribes, or private entities with proven records of responsible land

stewardship.

SECTION 12. EFFECTIVE DATE.

This Act shall take effect no later than 30 days after the date of enactment.