Sec. 1098. Transfer of aircraft to other departments for wildfire suppression and other purposes; tactical airlift fleet of the Air Force
1,298 words·~6 min read·
/bill/113/hres/441/eh/section-1098A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 45 days after the date of the enactment of this Act and subject to the certification requirement under subsection (f), the Secretary of Homeland Security, in consultation with the Secretary of Agriculture and the Secretary of Defense, shall begin transfer, without reimbursement, of— the seven demilitarized HC–130H aircraft specified in subparagraph
(C)to the Secretary of the Air Force; and initial spares and necessary ground support equipment for HC–130H aircraft to the Secretary of Agriculture for use by the Director of Aviation and Fire Management of the Forest Service. For purposes of clause
(ii)of subparagraph (A), initial spares shall be calculated based on shelf stock support for seven aircraft and each aircraft flying 400 hours each year. The aircraft specified in this subparagraph are the HC–130H Coast Guard aircraft with serial numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721. The Secretary of the Air Force shall accept the HC–130H aircraft transferred by the Secretary of Homeland Security under paragraph
(1)and, subject to the availability of funds as supplemented by transfers under paragraph (4), shall— at the first available opportunity, promptly schedule and serially synchronize with the Secretary of Homeland Security and the Secretary of Agriculture the induction of HC–130H aircraft to minimize maintenance induction on-ramp wait time of HC–130H aircraft; except as provided in subparagraph (B), perform center and outer wing-box replacement modifications, programmed depot-level maintenance, and modifications necessary to procure and integrate a gravity-drop aerial fire retardant dispersal system in each such HC–130H aircraft; and after modifications described in clause
(ii)are completed for each such HC–130H aircraft, transfer each such aircraft, without reimbursement, to the Secretary of Agriculture for use by the Director of Aviation and Fire Management of the Forest Service. Notwithstanding subparagraph (A), the Secretary of the Air Force may not— perform center wing-box replacement modifications on the HC–130H aircraft with serial numbers 1706, 1708, 1714, and 1721; or perform an outer wing-box replacement modification on the HC–130H aircraft with serial number 1721. The Secretary of the Air Force may not obligate more than— $5,000,000 per each HC–130H aircraft transferred under paragraph
(1)to perform the modifications necessary to procure and integrate a gravity-drop aerial fire retardant dispersal system in each such HC–130H aircraft unless, by reimbursable order, the Secretary of Agriculture provides the additional funding necessary to the Secretary of the Air Force to complete such modifications; and $130,000,000 to perform all programmed depot-level maintenance and modifications described in subparagraph (A)(ii) for all such aircraft unless, by reimbursable order, the Secretary of Agriculture provides the additional funding necessary to the Secretary of the Air Force to complete such modifications. In the case of any HC–130 aircraft that is identified for transfer to the Secretary of the Air Force and requires induction into depot-level maintenance, the Commandant of the Coast Guard may utilize, on a limited basis, such aircraft prior to depot-level maintenance to fulfill high-priority maritime patrol mission requirements of the Coast Guard. The authority under this paragraph does not include aircraft that are modified under paragraph (2)(A)(ii). The Secretary of Defense may use any appropriations or funds of the Department of Defense available for obligation as of the date of the enactment of this Act, and shall make transfers as necessary to supplement accounts of the Department of the Air Force, to perform the HC–130H modifications described under paragraph (2). Transfer authority provided under this paragraph is in addition to any other transfer authority available to the Secretary of Defense for fiscal year 2014. Not later than 15 days after making a transfer pursuant to this paragraph, the Secretary of Defense shall notify the congressional defense committees of such transfer. Notwithstanding any other provision of law, not later than 45 days after the date of the enactment of this Act, and subject to the certification requirement under subsection (f), the Secretary of Defense, in coordination with the Secretary of Agriculture, shall begin transfer, without reimbursement, of— not more than 15 demilitarized C–23B+ Sherpa aircraft to the Secretary of Agriculture, subject to the quantity of C–23B+ Sherpa aircraft that the Director of Aviation and Fire Management of the Forest Service determines are required to meet fire-fighting requirements; and initial spares and necessary ground support equipment for operation of C–23B+Sherpa aircraft to the Secretary of Agriculture for use by the Director of Aviation and Fire Management of the Forest Service. For purposes of paragraph (1), initial spares shall be calculated based on shelf stock support for the quantity of aircraft the Director of Aviation and Fire Management of the Forest Service determines necessary to meet fire-fighting requirements and each aircraft flying 300 hours each year. Aircraft transferred to the Secretary of Agriculture under this section— may be used only for wildfire suppression purposes; may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other purposes approved by the Secretary of Agriculture in writing in advance; and may not be sold by the Secretary of Agriculture after transfer. Any costs of operation, maintenance, sustainment, and disposal of excess aircraft, initial spares, and ground support equipment transferred to the Secretary of Agriculture under this section that are incurred after the date of transfer shall be borne by the Secretary of Agriculture. Promptly following the completion of the certification requirement under subsection
(f)and notwithstanding section 1091 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1971; 10 U.S.C. 2576 note), the Secretary of Defense shall begin transfer, without reimbursement, of— 14 C–27J aircraft to the Secretary of Homeland Security; and excess initial spares and necessary ground support equipment for 14 C–27J aircraft to the Secretary of Homeland Security for use by the Commandant of the Coast Guard as maritime patrol aircraft. Notwithstanding any other provision of law, the Secretary of Defense may not transfer any aircraft to either the Secretary of Agriculture or the Secretary of Homeland Security until the Secretary of Defense and the Director of the Office of Management and Budget submit, by not later than 45 days after the date of the enactment of this Act, to the congressional defense committees certification that adequate funding has been transferred to the Department of the Air Force for the purpose of modifying HC–130H aircraft identified for transfer pursuant to subsection (a). Not later than 30 days after the date of the enactment of this Act, the Secretary of the Defense shall extend to the chief executive officer of the State of Alaska the opportunity to take title to not more than eight C–23 aircraft with tail numbers specified in subparagraph (B). The tail numbers of the C–23 aircraft subject to transfer under subparagraph
(A)are as follows: 93–01319, 93–01329, 94–00308, 94–00309, 88–01869, 90–07015, 90–07016, and 90–07012. Subsections
(b)and
(c)of section 112 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1318) shall apply with respect to the transfer of any C–23 aircraft under this subsection in the same manner as the transfer of aircraft under such section. The Secretary of the Air Force shall consider, as part of the recapitalization of the tactical airlift fleet of the Air Force, upgrades to C–130H aircraft designed to help such aircraft meet the fuel efficiency goals of the Department of the Air Force and retention of such aircraft, as so upgraded, in the tactical airlift fleet. The Secretary shall ensure that upgrades to the C–130H aircraft fleet are made in a manner that is proportional to the number of C–130H aircraft in the force structure of the regular Air Force, the Air Force Reserve, and the Air National Guard.
Connectionstraces to 1
4 references not yet in our index
- Pub. L. 112-239
- 126 Stat. 1971
- Pub. L. 112-81
- 125 Stat. 1318
Citation graph
cites case law
Sec. 1098
Transfer of aircraft to other departments for wildfire suppression and other purposes; tactical airlift fleet of the Air Force
Pub. L.Pub. L. 112-239
Stat.126 Stat. 1971
Pub. L.Pub. L. 112-81
Stat.125 Stat. 1318
Cites 5Cited by 0 across 0 sources