Forest Fire Response Act
The Bill Text
120th Congress 1st Session
S. ____
A BILL
To authorize immediate state and local wildfire suppression actions on federal lands in order to protect lives, property, and natural resources, 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 or Agriculture, Nutrition, and Forestry].
A BILL
To provide emergency authority for states and local governments to suppress wildfires on federal lands without prior federal approval when immediate action is necessary, and to require prompt federal reimbursement.
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 Act of 2027”.
SECTION 2. FINDINGS. Congress finds the following: (1) 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. (2) Delays in authorizing state and local firefighting resources to engage on federal lands can allow fires to grow exponentially, resulting in greater loss of life, property, timber, watersheds, and wildlife habitat. (3) State and local firefighters are highly trained professionals who are often the first to arrive at fires that threaten communities. (4) Allowing immediate suppression action by states and localities, followed by federal reimbursement, represents a commonsense, good-faith step to improve wildfire response while maintaining federal responsibility for costs incurred on federal lands.
SECTION 3. 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) without prior approval from any federal agency if the State or local agency determines that— (1) the wildfire poses an imminent threat to lives, private property, state or county lands, or critical infrastructure; or (2) immediate action is necessary to prevent the fire from escaping initial attack and growing into a larger incident.
(b) Notification.—A State or local firefighting agency acting under subsection (a) shall notify the appropriate federal land management agency as soon as practicable, but such notification shall not be required prior to commencing suppression activities.
SECTION 4. REIMBURSEMENT.
(a) Requirement.—The Secretary of Agriculture and the Secretary of the Interior shall promptly reimburse a State or local firefighting agency for all reasonable costs incurred in suppressing a wildfire on federal lands under the authority granted in section 3. (b) Process.—Reimbursement shall be provided through existing federal wildfire cost-share agreements or emergency procedures, and shall be processed within 90 days of submission of a complete claim. (c) Dispute Resolution.—If a dispute arises regarding the amount of reimbursement, the matter shall be resolved through binding arbitration or other expedited procedures established by the Secretaries.
SECTION 5. LIABILITY PROTECTION. A State or local firefighting agency and its personnel acting in good faith pursuant to this Act shall not be liable for civil damages resulting from actions taken to suppress wildfires on federal lands, except in cases of gross negligence or willful misconduct.
SECTION 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to diminish the ultimate responsibility of the Federal Government for wildfire suppression on federal lands or to limit the authority of federal agencies to manage federal lands.
SECTION 7. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment.
Context on Forest Fire Response Act:
Forests, Rangelands & Natural Resources
When I first began my journey running for the United States Senate in 2014, I was introduced to the serious problems caused by poor federal land management, especially how it contributes to destructive wildfires. Over the years, I, along with many of you, have witnessed the devastation: thick smoke filling our air, lost homes and livelihoods, and once-vibrant forests reduced to charred timber.
Fires do not wait for paperwork or distant bureaucrats.
That is why, when elected as your United States Senator, I will introduce the Immediate Wildfire Response Act of 2027. This common-sense bill cuts through federal red tape so Oregon’s firefighters can act immediately on federal lands when wildfires threaten our communities, while ensuring the federal government reimburses the costs.
Background on the Immediate Wildfire Response Act of 2027
While larger debates continue about federal land ownership and the principle of equal footing for the states, one thing should not be in question: when a wildfire breaks out, every available resource must be brought to bear without delay.
The Immediate Wildfire Response Act is a practical, good-faith step forward. It simply says that if a fire is burning on or threatening to spread from federal land, Oregon’s firefighters may begin suppression efforts right away. They will notify the appropriate federal agency as soon as possible, but they will not be forced to stand by while the fire grows. The federal government will be required to reimburse reasonable costs, and good-faith responders will receive liability protection.
This bill does not solve every issue surrounding federal lands, but it does solve a real and dangerous problem today, protecting Oregonians while we continue working on the bigger questions of sovereignty and proper land management.