Should the Gov’t Study the Impact of Private Drones Interfering With Wildfire Suppression Efforts & Ways to Prevent Drone Incursions? (H.R. 5040)

What is H.R. 5040?

(Updated June 19, 2021)

This bill — known as the Aerial Incursion Repercussion Safety Act of 2020 or the AIR Safety Act of 2020 — would direct the Bureau of Land Management (BLM) to study the effects of drone incursions on the suppression of wildfires on lands managed by the Dept. of the Interior (DOI) or the U.S. Dept. of Agriculture (USDA), of which the Forest Service is a subagency. It would also study potential methods to disable or seize drones that are interfering with wildfire suppression activities. Agencies tasked with fighting wildfires have reported a rising number of instances in which recreational, consumer drones are observed flying in protected airspace needed for aerial firefighting tools to operate.

The BLM’s study would include:

• The number of occurrences in which drone incursions interfered with wildfire suppression, and the effect of each incursion on the length of time required to achieve complete suppression; the effectiveness of aerial firefighting responses; and the amounts expended by the federal government.

• The feasibility and effectiveness of actions to prevent drone incursions, such as the use of reasonable force to disable, damage, or destroy a drone; the seizure of a drone, including seizure with a net device; and the dissemination of education materials relating to the effects of drone incursions on wildfire suppression.

The report would be provided to the House and Senate natural resources committees within 18 months of this bill’s enactment.

Argument in favor

When unauthorized drones enter a wildfire area, firefighters are forced to ground helicopters, manned aircraft, and their own drones — which take critical tools off the table, wasting time and resources in the fight to contain and suppress wildfires. The report produced by this bipartisan bill would illuminate the scope of the problem and explore solutions to disable or seize unauthorized drones.

Argument opposed

Congress shouldn’t ask federal agencies to research the number of drone incursions or ways to disable or seize drones belonging to recreational enthusiasts who venture into protected airspace around wildfires. The government is already going through the process of restricting the airspace, which private drone owners should comply with.

Impact

Drone incursions on wildfire suppression activities on DOI and USDA lands; and the BLM.

Cost of H.R. 5040

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. John Curtis (R-UT) introduced this bill to raise awareness of private drones interfering with aerial wildfire suppression activities and study ways to disable or seize drones that intrude on protected airspace:

“When wildfire breaks out, our brave firefighters need to protect lives and property. When unauthorized drones enter a wildfire area, firefighters must ground helicopters and their own drones — both critical components to wildland firefighting — until the drone is removed. This means that far too often valuable time and resources are spent removing civilian drones instead of containing and suppressing fire. That is why I am proud to introduce the Aerial Incursion Repercussion (AIR) Safety Act with my friend Mr. Huffman, to study how private drones flown near wildfire hinders suppression efforts and start looking at solutions that will help deter and remove unauthorized drones. I am confident this will spur a much needed discussion on the state of our forests and how we can better manage them to reduce the risk of fire and the damage they cause.”

Lead cosponsor Rep. Jared Huffman (D-CA) added:

“Wildfires have caused enormous devastation to families, businesses, and communities in my district. The idea that anyone would interfere with the heroic efforts of firefighters and other first responders is unthinkable. The AIR Safety Act is an important step in addressing the challenges and safety risks posed by unlawful drone interference and ensuring first responders are able to do their jobs and protect lives and homes.”

Greg Josten, President of the National Association of State Foresters, and a South Dakota State Forester, offered the following statement in support of this bill:

“We already know that flying personal drones where wildland firefighters are actively suppressing wildfires puts the civilian operator, their neighbors, and wildland firefighting personnel in danger. The slogan is true, and state forestry agencies know it all too well: If you fly, we can’t. Now, it’s time to quantify all the deleterious effects of drone incursions on wildfire fighting airspace. With hard numbers to support needed change, we’ll be better positioned to prevent costly delays and shutdowns and protect both property and lives.”

This legislation passed the House Natural Resources Committee by unanimous consent.

Of Note: The National Interagency Fire Center reported that as of September 21, 2020, there were at least 21 public drone incursions on wildfires this year, which caused aerial firefighting efforts to be shut down at least 16 times in 2020 at the following fires:

• California: Apple Fire, Beach Fire, Colleen Fire, Fork Fire, San Bernardino National Forest, and the Valley Fire

• Utah: Battle Creek Fire, Traverse Fire, and the Turkey Farm Fire

• Arizona: Bighorn Fire and the Prescott National Forest Helispot

• Colorado: Pike & Isabel National Forest and the Williams Fork Fire

• Alaska: Crow Point Helispot

• New Mexico: Valles Caldera National Park

• North Carolina: Comp 38 Prescribed Fire

The NIFC reported that there have been at least 20 drone incursions each year dating back to 2015, with highs of 36 in 2017 and 41 in 2016.

Media:

• Sponsoring Rep. John Curtis (R-UT) Press Release (Introduction)

• Sponsoring Rep. John Curtis (R-UT) Press Release (Committee Hearing)

• Sponsoring Rep. John Curtis (R-UT) Press Release (Committee Passage)

• National Interagency Fire Center