[Congressional Record Volume 166, Number 209 (Thursday, December 10, 2020)]
[House]
[Pages H7121-H7122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AERIAL INCURSION REPERCUSSION SAFETY ACT OF 2020
Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5040) to direct the Director of the Bureau of Land
Management to study the effects of drone incursions on wildfire
suppression, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5040
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 ``Aerial Incursion
Repercussion Safety Act of 2020'' or the ``AIR Safety Act of
2020''.
SEC. 2. STUDY ON EFFECTS OF DRONE INCURSIONS ON WILDFIRE
SUPPRESSION.
(a) Study Required.--The Director of the Bureau of Land
Management, in consultation with the Chief of the Forest
Service, the Administrator of the Federal Aviation
Administration, and the National Association of State
Foresters, shall conduct a study on the effects of drone
incursions on the suppression of wildfires with respect to
lands managed by the Department of the Interior or the
Department of Agriculture.
(b) Study Contents.--In conducting the study required under
subsection (a), the Director shall--
(1) determine, for each of the five most recently completed
calendar years, the number of occurrences in which a drone
incursion interfered with wildfire suppression and the effect
of each such occurrence on--
(A) the length of time required to achieve complete
suppression;
(B) the effectiveness of aerial firefighting responses; and
(C) the amounts expended by the Federal Government; and
(2) evaluate the feasibility and effectiveness of various
actions to prevent drone incursions, including--
(A) temporary flight restrictions of the Federal Aviation
Administration; and
(B) the dissemination of education materials relating to
the effects of drone incursions on wildfire suppression.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Director shall submit to the
Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study required under subsection (a) and any recommendations
of the Director relating to such findings.
(d) Definitions.--In this section:
(1) Drone.--The term ``drone'' means an unmanned aircraft
system, as defined in section 44801 of title 49, United
States Code, owned by a private individual or entity.
(2) Drone incursion.--The term ``drone incursion'' means
the operation of a drone within any airspace for which the
Administrator of the Federal Aviation Administration has
issued a temporary flight restriction because of a wildfire.
(3) Wildfire suppression.--The term ``wildfire
suppression'' has the meaning given such term in section
46320(d) of title 49, United States Code.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Huffman) and the gentleman from Colorado (Mr. Lamborn)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5040. This is a bipartisan
bill introduced by my fellow committee member, Utah Congressman Curtis,
along with myself.
The Aerial Incursion Repercussion Safety Act, or the AIR Safety Act,
requires the Director of BLM, in consultation with the Chief of the
Forest Service, the Federal Aviation Administration, and the National
Association of State Foresters, to conduct a study on the effects of
drone incursion on wildfire suppression.
It is already a Federal crime to interfere with wildfire suppression
efforts on public lands. In addition, the FAA often implements
temporary flight restrictions, or TFRs, around wildfires to prevent
aircraft from getting involved and interfering with suppression
operations.
Despite these deterrents, private drone incursions near wildfires
continue to be documented as causes of delays in airborne firefighting
response that can pose threats to firefighting on the ground, undermine
ongoing suppression efforts, and allow wildfires to encroach on nearby
communities.
There have been many examples of this, but I specifically remember,
during the October 2017 firestorms in Sonoma County, in my district, we
received multiple reports of private drones interfering with
firefighting helicopters and air tankers, forcing them to stay grounded
for the safety of the Cal Fire pilots during the critical days when we
needed them in the air.
This bill would raise awareness of the impacts of drone incursions on
wildland fire suppression while examining ways to avoid future
incursions.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
House of Representatives
Committee on Natural Resources,
Washington, DC, September 1, 2020.
Hon. Colin Peterson,
Chair, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Chair Peterson: I write to you concerning H.R. 5040,
the ``AIR Safety Act of 2019.''
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on
Agriculture. l acknowledge that your Committee will not
formally consider H.R. 5040 and agree that the inaction of
your Committee with respect to the bill does not waive any
future jurisdictional claim over the matters contained in the
bill that fall within your Committee's Rule X jurisdiction.
I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of the
bill. l appreciate your cooperation regarding this
legislation and look forward to working with you as this
measure moves through the legislative process.
Sincerely,
Raul M. Grijalva,
Chair,
House Natural Resources Committee.
____
House of Representatives,
Committee on Agriculture,
Washington, DC, December 1, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Mr. Chairman. This letter confirms our mutual
understanding regarding H.R. 5040, the AIR Safety Incursion
Act of 2020. Thank you for collaborating with the Committee
on Agriculture on the matters within our jurisdiction.
The Committee on Agriculture will forego any further
consideration of this bill so that it may proceed
expeditiously to the House floor for consideration. However,
by foregoing consideration at this time, we do not waive any
jurisdiction over any subject matter contained in this or
similar legislation. We request that our Committee be
consulted and involved as this bill moves forward so that we
may address any remaining issues in
[[Page H7122]]
our jurisdiction. The Committee on Agriculture also reserves
the right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation and ask that you support any such
request.
We would appreciate a response to this letter confirming
this understanding with respect to H.R. 5040, and request
that a copy of our letters on this matter be published in the
Congressional Record during Floor consideration.
Sincerely,
Colin C. Peterson,
Chair.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5040, the AIR Safety Act,
authored by Congressman John Curtis from Utah. This is a simple bill
that will improve our ability to fight the wildfires that have
continued to wreak havoc in our Western States.
Although laws exist prohibiting interference with wildfire fighting,
many people still fly their private drones near fires to take pictures
and videos.
Unauthorized drones flying in these areas can cause all aerial
firefighting tools, including helicopters dropping flame retardant, to
be grounded, which wastes valuable time and money that could otherwise
be used to suppress the fire and save lives and property.
The AIR Safety Act directs our land management agencies to study
drone incursions over the past 5 years and mandates that the agencies
develop better strategies to prevent drones from interfering in
firefighting activities in the first place.
In the wake of yet another devastating wildfire season, it is
critical that we do everything we can to empower our brave wildland
firefighters with the tools they need to safely and quickly respond to
fires. This bipartisan bill is a small but important step toward
achieving that goal.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Mr. HUFFMAN. Mr. Speaker, I reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, I yield 2 minutes to the gentleman from
Utah (Mr. Curtis), who introduced the bill and has sponsored it, along
with the bipartisan sponsorship of Mr. Huffman.
Mr. CURTIS. Mr. Speaker, I thank Chairman Grijalva and Ranking Member
Bishop for helping us move this bill along. Special thanks to my
cosponsor, who shares a not-so-unique problem in our districts of
wildfires and fighting those.
Mr. Speaker, I obviously rise in support of the AIR Safety Act, which
will examine risks and effects of drone incursions on wildland
firefighting.
In the last few years, Utah and the rest of the West have been
battling extreme wildfires. Our Federal land managers and State and
local partners need every tool available to them to put these fires
out.
When a wildfire breaks out, the FAA sets up a temporary flight
restriction, or TFR, around the perimeter to allow aerial firefighters
full access to the fire.
Unfortunately, when people ignore these TFRs and fly their drones
around the fire, fire management must ground their own drones and
helicopters until the area is clear. This wastes valuable time and
money, putting structures and, most importantly, lives at risk.
The AIR Safety Act will direct the Forest Service, Bureau of Land
Management, FAA, and State forestry partners to examine these risks and
come up with ways to stop future problems.
Mr. Speaker, I urge my colleagues to support this bill.
Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I request an ``aye'' vote, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Huffman) that the House suspend the
rules and pass the bill, H.R. 5040, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HUFFMAN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
will be postponed.
____________________