HR 178 · 119th Congress

To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes.

wildfire suppressionnational forestsfirefighting policyprescribed burnsdrought
Share

Last action 2026-01-08

Sponsored by Rep. McClintock, Tom [R-CA-5] (R) — CA

Click any stage to learn more about the legislative process.

The bill would require the Forest Service to attempt to extinguish any wildfire detected on high-risk National Forest System land within 24 hours, using all available resources, and would bar the agency from blocking state or local firefighting efforts on that land.

It would also restrict when the Forest Service can set intentional backfires or use prescribed fire, requiring incident-commander approval or a safety justification, and mandating immediate suppression of any prescribed fire that escapes its planned bounds.

What this bill would do

What it would do

The bill would set mandatory wildfire-response rules for the Forest Service on National Forest System land meeting one of three high-risk criteria: severe-to-exceptional drought rating, the highest national wildland fire preparedness level, or location in a fireshed ranked in the top 10% for wildfire exposure. On such land, the Forest Service would have to use all available resources to try to extinguish any detected wildfire within 24 hours, and could not inhibit authorized state or local firefighting agencies responding to a wildfire there.

The bill would also limit the Forest Service's use of fire as a management tool to prescribed fires conducted under applicable law, and would let the agency start a backfire or burnout during a wildfire only when ordered by the incident commander or needed to protect firefighter safety, requiring it to fully control any such fire until extinguished. It does not authorize new funding or create a new program.

Key provisions

  1. 1Would require the Forest Service to use all available resources to extinguish wildfires on covered land within 24 hours of detectionSec. 1(a)(1)(A)
  2. 2Would require immediate suppression of any prescribed fire that exceeds its planned prescriptionSec. 1(a)(1)(B)
  3. 3Would prohibit the Forest Service from inhibiting authorized state or local firefighting efforts on covered landSec. 1(a)(2)
  4. 4Would limit use of fire as a management tool to compliant prescribed fires onlySec. 1(a)(3)
  5. 5Would restrict backfires or burnouts to incident-commander orders or firefighter safety needs, requiring full control until extinguishedSec. 1(a)(4)-(5)
  6. 6Defines covered land as National Forest System land with severe drought, top fire-preparedness level, or high wildfire-exposure fireshed statusSec. 1(b)

Who would be affected

The Forest Service and its Chief, who would face new mandatory suppression timelines and restrictions; state and local firefighting agencies operating on affected federal land; and communities near National Forest System land experiencing drought, high fire-danger conditions, or high-exposure firesheds.

Why it matters

Communities near high-risk federal forest land could see faster, more aggressive suppression efforts and less federal interference with local firefighters, but the Forest Service would lose some discretion to let wildfires burn for ecological management or to use backfires without specific justification, potentially altering established fire-management practices.

What would change

Agencies directed to act

Forest ServiceDepartment of Agriculture

How implementation would work

The rules would apply automatically whenever land meets one of the three defined risk triggers—drought rating, national preparedness level 5, or top-10% fireshed exposure—based on existing federal drought, fire-preparedness, and fireshed-risk data sources. The Forest Service would need internal procedures to identify covered land in real time, direct suppression within the 24-hour window, coordinate with state and local agencies without obstructing them, and route backfire/burnout decisions through incident commanders. No new reporting requirement, agency office, or funding mechanism is specified.

Legislative status & sources

Latest action

Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-429, Part I.

2026-01-08

Official CRS summary

Show the CRS summary

This bill sets out requirements for wildfire suppression and management activities carried out by the Forest Service.

These requirements apply to Forest Service land that (1) has a severe, extreme, or exceptional drought intensity rating; (2) has a National Wildland Fire Preparedness level of 5 (i.e., the highest level of wildland fire activity); or (3) is located in a fireshed ranked in the top 10% of wildfire exposure.

Within 24 hours of detecting a wildfire on such Forest Service land, the service must use all available resources to extinguish the wildfire. Additionally, the service may not inhibit the firefighting activities of state and local agencies that are authorized to respond to wildfires on the Forest Service land.

Further, the service may only initiate a backfire or burnout as part of a fire suppression strategy if it is ordered by the responsible incident commander or is necessary to protect the health and safety of firefighting personnel. The service must use all available resources to control any initiated fire until it is extinguished.

The bill also limits the service's use of prescribed fires (i.e., the controlled application of fire by a team of experts under specified weather conditions to restore health to ecosystems that depend on fire). When using prescribed fires as a fire resource management tool, the service must comply with applicable laws and regulations and immediately suppress any prescribed fire that exceeds its prescription.

From the Congressional Research Service.

Legislative subjects

Emergency planning and evacuation; Fires; First responders and emergency personnel; Forests, forestry, trees; Public Lands and Natural Resources

Committee report

H. Rept. 119-429

Congressional Bill

Ask GovernmentReporter about this bill

Ask anything about this bill. The AI can look up referenced laws and statutes to provide context.

HR 178: To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes. | Legislation Reporter