Aerial Incursion Repercussion Safety Act of 2020

Floor Speech

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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.

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 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.
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Mr. HUFFMAN. Mr. Speaker, I request an ``aye'' vote, and I yield back the balance of my time.

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Mr. HUFFMAN. Mr. Speaker, on that I demand the yeas and nays.

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