[House Report 118-924]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-924
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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TO REQUIRE THE SECRETARY OF AGRICULTURE TO CARRY OUT
ACTIVITIES TO SUPPRESS WILDFIRES, AND FOR OTHER PURPOSES
_______
December 18, 2024.--Ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 934]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 934) to require the Secretary of Agriculture to
carry out activities to suppress wildfires, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SUPPRESSION OF WILDFIRES.
(a) In General.--With respect to covered National Forest System
lands, the Secretary of Agriculture, acting through the Chief of the
Forest Service--
(1) shall--
(A) use all available resources to carry out wildfire
suppression with the purpose of extinguishing wildfires
detected on such lands not later than 24 hours after
such a wildfire is detected;
(B) carry out wildfire suppression under subparagraph
(A) in a manner that is consistent with interagency
agreements and applicable standards of firefighter
safety; and
(C) immediately suppress any prescribed fire that
exceeds prescription;
(2) shall not inhibit the suppression efforts of State or
local firefighting agencies that are authorized to respond to
wildfire on such lands;
(3) may only use fire as a resource management tool if the
fire is a prescribed fire that complies with applicable law and
regulations;
(4) may only initiate a backfire or burnout during a
wildfire--
(A) by order of the responsible incident commander;
or
(B) in instances that are necessary to protect the
health and safety of firefighting personnel;
(5) shall use all available resources to control any such
initiated backfire or burnout until extinguished;
(6) shall use all available resources, including infrared
technologies, to ensure prescribed burns are extinguished; and
(7) shall update the prescribed burn policies of the Forest
Service to reflect the findings and recommendations included in
the report entitled ``National Prescribed Fire Program Review''
published September 2022 by the Forest Service.
(b) Definitions.--In this section:
(1) Covered national forest system lands.--The term ``covered
National Forest System lands'' means--
(A) during any period for which the National Multi-
Agency Coordination Group of the National Interagency
Fire Center has established a National Wildland Fire
Preparedness level of 5, all National Forest System
lands; or
(B) any area located in National Forest System lands
that--
(i) the U.S. Drought Monitor has rated as
having a D2 (severe drought) intensity, D3
(extreme drought) intensity, or D4 (exceptional
drought) intensity; or
(ii) the Forest Service has identified as
being located in a fireshed ranked in the top
10 percent of wildfire exposure (as determined
using the most recently published models of
fireshed risk exposure published by the Forest
Service).
(2) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
PURPOSE OF THE LEGISLATION
The purpose of H.R. 934 is to require the Secretary of
Agriculture to carry out activities to suppress wildfires, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
While fire can be a valuable tool to manage forests and
reduce the buildup of hazardous fuels (i.e., prescribed fire),
catastrophic wildfires devastate landscapes and degrade air,
water, and soil quality. The U.S. Forest Service (USFS) carries
out wildfire response and management across 193 million acres.
The USFS often faces tough decisions on how to manage,
suppress, and monitor wildfires. When a wildfire occurs on
National Forest System (NFS) lands, the USFS can choose from a
range of activities from immediate and aggressive measures to
suppress a wildfire to less intense measures such as
monitoring, commonly referred to as ``managing a fire for
resource benefits''. The determination is often subjective
based on available resources, direction of the fire, weather
conditions, and location (proximity to populated areas), among
other factors.
During the monitoring phase of fires, there is often
critique about the lack of immediate response from the USFS. In
2020, a Government Accountability Office (GAO) report
documented concern from USFS officials and stakeholders about
the USFS's response to the Chetco Bar Fire. The 2017 Chetco Bar
Fire in Oregon rapidly spread from 8,500 acres to over 90,000
acres due to strong, hot winds. Some Forest Service officials
and stakeholders lamented if USFS responded more aggressively,
it might have kept the fire from growing. Similarly, the 2021
Caldor Fire in California quickly spread, mapping at roughly
781 acres around 29 hours after it started. After another 44
hours, it had grown to over 55,000 acres. Many criticized
USFS's initial response when the agency pulled all crews off
the fire 7 hours after ignition and later dismissed some of the
CAL FIRE (California state wildfire fighting agency)
firefighters.
Recently, the agency has also come under criticism for its
prescribed fire policy after several high-profile examples of
prescribed fires escaping containment. Notably, the Hermits
Peak Fire in New Mexico in 2022, which began as a prescribed
fire ignited by the USFS, became the largest and most
destructive wildfire in the state's history. The fire burned
over 340,000 acres, destroyed more than 900 structures, and
racked up over $278 million in suppression costs. An additional
$3.95 billion was spent by the federal government to compensate
victims of the fire. While there are many factors that
contributed to this fire, lack of management was a large
contributing factor. The fire escaped containment once it
reached a wilderness area which had not been actively managed.
In response to these concerns about the USFS's fire
suppression policies, Congressman McClintock introduced H.R.
934. This bill would give clear direction to the USFS to
immediately suppress wildfires on certain lands identified as
being under certain drought conditions or at high-risk of
wildfire, in addition to times when the wildfire response is at
its highest level (Preparedness Level 5) and resources are
strained. Within 24 hours of detecting a wildfire on NFS lands,
the agency must use all available resources to extinguish the
wildfire. Additionally, USFS may not inhibit the firefighting
activities of state and local agencies authorized to respond to
wildfires on NFS lands. The bill also limits the USFS's use of
prescribed fires and clarifies when fire may be used as a fire
suppression strategy, such as backfire or burnout. At the
markup, amendments were adopted to the text to ensure the
directives would comply with standards for firefighter safety
and to encourage more responsible prescribed fire usage.
COMMITTEE ACTION
H.R. 934 was introduced on February 9, 2023, by Rep. Tom
McClintock (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. The bill was also referred to the Committee
on Agriculture. On May 23, 2023, the Subcommittee on Federal
Lands held a hearing on the bill. On September 20, 2023, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of H.R. 934 by unanimous consent. Rep. McClintock
(R-CA) offered an amendment in the nature of a substitute
designated McClintock ANS. Rep. Leger Fernandez (D-NM) offered
an amendment to the amendment in the nature of a substitute
designated Leger Fernandez_056 Revised. The amendment to the
amendment in the nature of a substitute was adopted by voice
vote. The amendment in the nature of a substitute, as amended,
offered by Rep. McClintock was adopted by voice vote. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by voice vote.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on May 23,
2023.
SECTION-BY-SECTION ANALYSIS
Section 1. Suppression of wildfires
Directs the Chief of USFS to use all available
resources to carry out wildfire suppression with the goal of
extinguishing fires within 24 hours of detection on NFS lands
at the highest risk for catastrophic wildfire. This must be
done in accordance with interagency agreements and applicable
standards of firefighter safety.
Directs the Chief of USFS to immediately suppress
any prescribed fires that exceed prescription.
Prevents the USFS from interfering with
suppression efforts of state or local firefighting agencies
responding to wildfires as authorized.
Clarifies prescribed fires may only be used as a
management tool if applicable with laws and regulations.
Provides parameters around the use of backfires or
burnouts when they are:
Only initiated by order of the incident
commander;
Initiated when necessary to protect
firefighting personnel; and
Directs all available resources to control
the fire until it is extinguished.
Requires the Chief of the USFS to use all
available resources including infrared technology to ensure
prescribed fires are extinguished.
Requires Chief of the USFS to update their
prescribed burn policies to include the recommendations
contained in the ``National Prescribed Fire Program Review''
that was carried out by the USFS in 2022.
Details these protocols and directions only apply
to NFS lands with a U.S. Drought Monitor rating of D2 (severe)
to D4 (exceptional), when the National Wildland Fire
Preparedness level is at Level 5, or if the USFS has identified
the fireshed where the fire is occurring in the top 10 percent
of wildfire exposure.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to require the Secretary of
Agriculture to carry out activities to suppress wildfires, and
for other purposes.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 934 would make no changes in existing law.
DISSENTING VIEWS
H.R. 934 would direct the U.S. Forest Service (USFS) to
carry out suppression efforts for all wildfires on National
Forest System lands within 24 hours of detection. Additionally,
the bill would prevent the Forest Service from inhibiting
suppression efforts of state or local firefighters on National
Forest System lands and prohibit the Forest Service from
initiating backfires or burnouts unless they are given orders
from the incident commander responsible, or unless it is
necessary to protect the health and safety of personnel.
Lastly, the bill would limit the Forest Service's use of
prescribed burns by requiring immediate suppression of fires
that exceed prescription.
H.R. 934 would be a return to USFS's misguided ``10 a.m.
policy'', which prioritized stomping out every fire as soon as
possible--so named because it required all wildfires to be
extinguished the morning after reporting. This policy led to
decades of removing beneficial fire from landscapes and is
widely criticized for causing the current conditions
exasperating the climate-fueled wildfire crisis. According to
the best available science and traditional ecological
knowledge, well-managed fire on fire-prone landscapes promotes
healthy forests and reduces the frequency and severity of
catastrophic wildfires. These techniques are critical to
effective forest management and restoration efforts. H.R. 934
ignores this consensus by restricting the use of proven
techniques and tactics for fire management.
USFS testified in opposition to H.R. 934, citing concerns
that the legislation would reduce resource management and
firefighting tools and tactics.\1\ To protect firefighters,
life and property, communities, infrastructure, cultural sites,
watersheds, and other natural resources, the agency requires
every fire to undergo a strategic risk-based response based on
the threats and opportunities of the fire event's circumstances
and effectively uses all current tools available to the agency.
A majority of fires are suppressed, while a select few are left
to burn for resource benefits or other public safety and
planning reasons. Congress must prioritize supporting federal
wildland firefighters and their local partners, not substitute
nostalgia for the judgment and experience of the fire managers
on the ground.
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\1\Troy Heithecker, Deputy Chief, National Forest System, U.S.
Forest Service, Testimony on Multiple Bills, Before the Subcommittee on
Federal Lands Lands of the House Natural Resources Committee, at 1 (May
23, 2023), Available online: https://www.fs.usda.gov/sites/default/
files/fs_media/fs_document/20230523-hnr-testimony-troy-heithecker.pdf.
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Furthermore, H.R. 934 is in direct conflict with the work
of the congressionally authorized Wildland Fire Mitigation and
Management Commission (WFMMC), which produced 148 full-
consensus recommendations for how to respond to the wildfire
crisis. In the report, the broad group of commission members
highlighted how 20th-century fire suppression policies have
resulted in unhealthy landscapes and wrote, ``policy change is
needed to enable a new relationship with fire, one in which
fire is no longer an existential risk to communities and
landscapes, but instead an integral and beneficial component of
our human and natural systems.''\2\ Despite this conclusion,
Committee Republicans attempted to include H.R. 934 in the
first drafts of the H.R. 8790, the Fix Our Forests Act (FOFA),
and received a significant amount of dissent from the
administration, the U.S. Forest Service, and outside groups and
scientists.
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\2\Wildland Fire Mitigation and Management Commission, ``ON FIRE:
The Report of the Wildland Fire Mitigation and Management Commission,''
(2023). Available online: https://www.usda.gov/sites/default/files/
documents/wfmmc-final-report-09-2023.pdf.
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During the legislative committee hearing for the discussion
draft of FOFA, the witness invited by the minority (and member
of the WFMMC) testified that, ``while it is tempting to think
we can mandate suppression of all fire, our national approach
to wildfire should reflect the understanding that fire has an
important role in our landscapes, fostering both healthy
landscapes and reducing the risk of future wildfires. Calls to
return to a 24-hour suppression policy are antithetical to
allowing more beneficial fire, supersede local decision-making,
and are in direct opposition to the Commission's
recommendations.''\3\
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\3\Barrett, Kimiko, Senior Wildfire Researcher, Headwaters
Economics, Testimony on Multiple Bills, Before the Subcommittee on
Federal Lands of the House Natural Resources Committee, (April 17,
2024), https://naturalresources.house.gov/uploadedfiles/
testimony_barrett.pdf.
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At the mark-up of H.R. 934, the majority adopted an
amendment in the nature of a substitute that adjusted the
instances in which the bill's suppression mandate would be in
effect and to ensure the applicability of existing interagency
agreements and firefighter safety standards. The Committee also
accepted an amendment from Representative Teresa Leger
Fernandez (D-NM) to encourage the broad use of all available
detection technologies, including infrared and drones, to
ensure that prescribed fires are monitored and responsibly
managed. Additionally, her amendment would require USFS to
update applicable prescribed burn policies to reflect the
findings of a report on the Calf Canyon/Hermit's Peak Fire in
New Mexico.
Despite these welcome amendments, H.R. 934 would still
promote policies that could conflict with the best available
science and even put federal wildland firefighters in harm's
way. To counter the existing wildfire crisis, congress should
emphasize supporting agency capacity to build a professional
workforce, not eliminate fire from the landscape. This bill is
a step in the wrong direction.
Raul M. Grijalva,
Ranking Member.
[all]