Pub. L. 115-232, div. A, tit. X, subtit. F, sec. 1083
MODIFICATION OF AUTHORITY TO TRANSFER AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION PURPOSES.
SEC. 1083. MODIFICATION OF AUTHORITY TO TRANSFER AIRCRAFT TO OTHER DEPARTMENTS FOR WILDFIRE SUPPRESSION PURPOSES.(a) Transfer by Department of Homeland Security.—Paragraph (1) of subsection (a) of section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881) is amended—(1) in subparagraph (A), by striking “of—” and all that follows and inserting “of the seven demilitarized HC–130H aircraft specified in subparagraph (B) to the Secretary of the Air Force.”;(2) by striking subparagraph (B); and(3) by redesignating subparagraph (C) as subparagraph (B).(b) Air Force Actions.—Paragraph (2) of such subsection is amended—(1) in subparagraph (A)(iii), by striking “to the Secretary of Agriculture” and all that follows and inserting “to the State of California, Natural Resources Agency, for use by the Department of Forestry and Fire Protection for firefighting purposes.”; and(2) in subparagraph (C)—(A) by striking “unless, by reimbursable order” and all that follows through “such modifications” in each of clauses (i) and (ii);(B) in clause (i), by striking “$5,000,000” and inserting “$7,500,000”; and(C) in clause (ii), by striking “$130,000,000” and inserting “$150,000,000”.(c) Coast Guard Actions.—The second sentence of paragraph (3) of such subsection is amended by striking “under paragraph (2)(A)(ii).” and inserting “pursuant to this subsection before the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. If the Governor of California identifies fewer than seven aircraft to be acquired for firefighting purposes, the Secretary of Homeland Security may retain title and disposition of the HC-130H aircraft not included in the transfer.”.(d) Conforming Amendments.—Subsection (c) of such section is amended by inserting “or the Governor of California” after “Secretary of Agriculture” each place it appears.(e) Secretary of Agriculture Retransfer of Transferred Initial Spares and Related Equipment.—The Secretary of Agriculture shall, acting for the Forest Service, transfer to the Commandant of the Coast Guard or the Governor of California, as appropriate, any initial spares and necessary ground support equipment for HC–130H aircraft that were transferred to the Secretary pursuant to section 1098(a)(1)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2014 before the date of the enactment of this Act.(f) Governor of California Actions.—(1) Certification required.—No action may be taken to transfer any aircraft pursuant to section 1098(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881), as amended by this section, unless the Governor of the State of California submits to the Secretary of Defense certification in writing of the number of HC-130H 132 STAT. 1990 aircraft that the State of California requests to be transferred pursuant to such section for firefighting purposes.(2) Failure to submit certification.—If the Governor of California fails to submit the certification under paragraph (1) before the date that is 120 days after the date of the enactment of this Act—(A) paragraph (2) of subsection (a) of section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881), as amended by this section shall have no force or effect; and(B) the Secretary of Homeland Security may retain title and disposition of the HC-130H aircraft specified in paragraph (1)(B) of such subsection.