Sec. 1091. TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT AND TO STATES

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## SEC. 1091 TRANSFER OF EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT AND TO STATES **[**[10 U.S.C. 2576 note](/us/usc/t10/s2576)**]** ###

(a)Transfer The Secretary of Defense may transfer excess aircraft specified in subsection

(b)to the Secretary of Agriculture for use by the Forest Service, to the Secretary of Homeland Security for use by the United States Coast Guard, and to the Governor of a State. The transfer of any excess aircraft under this subsection shall be without reimbursement. ###

(b)Aircraft The aircraft transferred under subsection

(a)are aircraft of the Department of Defense that are— ####

(1)identified by the Forest Service, the United States Coast Guard, or the Governor of a State, as the case may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; ####

(2)excess to the needs of the Department of Defense, as determined by the Secretary of Defense; ####

(3)in the case of aircraft to be transferred to the Secretary of Agriculture, acceptable for use by the Forest Service, as determined by the Secretary of Agriculture; ####

(4)in the case of aircraft to be transferred to the Secretary of Homeland Security, acceptable for use by the United States Coast Guard, as determined by the Secretary of Homeland Security; and ####

(5)in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor. ###

(c)Order of Transfers ####

(1)Rights of refusal In implementing the transfers authorized by subsection (a), the Secretary of Defense shall afford the Secretary of Agriculture the right of first refusal and the Secretary of Homeland Security the second right of refusal in the transfer to each department by the Secretary of Defense of excess aircraft specified in subsection

(b)before the transfer of such excess aircraft is offered to the Governor of a State or to any other department or agency of the Federal Government. ####

(2)Expiration of right of refusal A right of refusal afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph

(1)with regards to an aircraft shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft. ###

(d)Conditions of Certain Transfers Excess aircraft transferred to the Secretary of Agriculture or to the Governor of a State under subsection (a)— ####

(1)may be used only for purposes of wildfire suppression, search and rescue, or emergency operations pertaining to wildfires; and ####

(2)may not be flown 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, search and rescue, emergency operations pertaining to wildfires, or for other purposes approved by the Secretary of Agriculture or Governor of the State, as the case may be, in writing in advance. ###

(e)Additional Limitation Excess aircraft transferred under subsection

(a)may not be sold by the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State after transfer. ###

(f)Costs After Transfer Any costs of operation, maintenance, sustainment, and disposal of excess aircraft transferred under subsection

(a)after the date of transfer shall be borne by the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of the State to which such aircraft is transferred using only State funds, as applicable. ###

(g)Reporting Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to— ####

(1)the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State under this section; ####

(2)the chief executive officer of a State under section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1318); or ####

(3)the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881). # TITLE XI CIVILIAN PERSONNEL MATTERS

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