S. 4274

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4274 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4274

To authorize the Secretary of Agriculture to transfer title to certain 
aircraft and related parts loaned under the Federal Excess Personal 
Property program to authorized users after a qualifying period of use, 
and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 26, 2026

Mr. Sheehy (for himself and Mr. Padilla) introduced the following bill; 
which was read twice and referred to the Committee on Agriculture, 
Nutrition, and Forestry

_______________________________________________________________________

A BILL

To authorize the Secretary of Agriculture to transfer title to certain 
aircraft and related parts loaned under the Federal Excess Personal 
Property program to authorized users after a qualifying period of use, 
and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wildfire Investment and Next 
Generation Stewardship Act'' or the ``WINGS Act''.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings.--Congress finds the following:
(1) Since 1956, the Department of Agriculture has operated 
a Federal Excess Personal Property program through which the 
Forest Service acquires excess property, primarily from the 
Department of Defense, and loans such property to State 
foresters for wildland and rural firefighting purposes.
(2) State and local firefighting agencies have successfully 
used aircraft and related parts obtained through the Federal 
Excess Personal Property program to protect lives, property, 
and natural resources for extended periods, often exceeding 10 
years.
(3) After lengthy periods of use, maintenance, and 
investment by authorized users, uncertainty regarding ownership 
and disposal authority can create operational and planning 
difficulties.
(4) Authorizing transfer of title to aircraft and 
serviceable aircraft parts after a qualifying period of 
responsible use will improve asset management, reduce 
administrative burden, and recognize the substantial investment 
made by State and local agencies in maintaining and operating 
such property.
(b) Purpose.--The purpose of this Act is to authorize the Secretary 
of Agriculture to transfer title to certain aircraft and related parts 
loaned under the Federal Excess Personal Property program to authorized 
users that have demonstrated responsible stewardship over a sustained 
period.

SEC. 3. TRANSFER OF TITLE TO CERTAIN AIRCRAFT AND RELATED PARTS LOANED 
UNDER FEDERAL EXCESS PERSONAL PROPERTY PROGRAM.

(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' means any fixed wing 
or rotary wing aircraft, including installed equipment and 
associated components, that is made available to an authorized 
user under a Federal Excess Personal Property program.
(2) Authorized user.--The term ``authorized user'' means a 
State, political subdivision of a State, or other entity that 
is eligible to receive, and has received, aircraft or 
serviceable aircraft parts under the Federal Excess Personal 
Property program.
(3) Federal excess personal property program.--The term 
``Federal Excess Personal Property program'' means the program 
(or a successor program) administered by the Secretary under 
which aircraft and serviceable aircraft parts are provided to 
authorized users for the purpose of wildland or rural 
firefighting.
(4) Good standing.--The term ``good standing'' means, with 
respect to an authorized user and an aircraft or serviceable 
aircraft part, that, as determined by the Secretary, the 
authorized user--
(A) is, as of the date of the determination, in 
compliance with--
(i) all applicable statutes, regulations, 
and written program requirements of the 
Department of Agriculture relating to property 
provided under the Federal Excess Personal 
Property program; and
(ii) the terms and conditions of any 
agreement or instrument under which the 
aircraft or serviceable aircraft part was made 
available to the authorized user;
(B) has timely submitted all required inventories, 
reports, certifications, and other documentation 
relating to the aircraft or serviceable aircraft part, 
as determined by the Secretary;
(C) has not misused, sold, leased, encumbered, 
transferred, or otherwise disposed of the aircraft or 
serviceable aircraft part in violation of any 
applicable requirement or agreement;
(D) has maintained accurate and current inventory 
records of all serviceable aircraft parts in the 
possession of the authorized user, whether installed or 
uninstalled, in accordance with requirements under the 
Federal Excess Personal Property program; and
(E) is not, as of the date of the determination, 
subject to any suspension, debarment, or other formal 
enforcement action by the Department of Agriculture 
that relates to the aircraft, the serviceable aircraft 
parts, or the Federal Excess Personal Property program.
(5) Secretary.--The term ``Secretary'' means the Secretary 
of Agriculture.
(6) Serviceable aircraft part.--The term ``serviceable 
aircraft part'' means any component, assembly, subassembly, 
spare part, accessory, support equipment, or other item of 
equipment, regardless of whether it is currently installed on 
an aircraft, that is--
(A) designed for use on, or in support of the 
maintenance or operation of, an aircraft;
(B) made available to an authorized user under a 
Federal Excess Personal Property program administered 
by the Secretary; and
(C) determined by the authorized user, in 
accordance with applicable maintenance standards and 
Federal Excess Personal Property program requirements, 
to be--
(i) in serviceable condition; or
(ii) capable of being restored to 
serviceable condition through overhaul or 
maintenance.
(b) Authority To Transfer Title.--
(1) In general.--Notwithstanding any other provision of law 
governing the retention of title to property made available 
under the Federal Excess Personal Property program, the 
Secretary may transfer all right, title, and interest of the 
United States in and to an aircraft or serviceable aircraft 
part to the authorized user that has received the aircraft or 
serviceable aircraft part if the requirements of subsection (c) 
or (d), as applicable, are satisfied.
(2) Effect of transfer.--Upon a transfer under paragraph 
(1)--
(A) the United States shall have no further 
ownership interest in the aircraft or serviceable 
aircraft part; and
(B) the authorized user shall assume full ownership 
of the aircraft or serviceable aircraft part, subject 
to--
(i) any conditions imposed under subsection 
(e); and
(ii) any applicable Federal law, including 
laws relating to export controls and national 
security.
(c) Eligibility for Transfer of Aircraft.--The Secretary may 
approve the transfer of right, title, and interest in and to an 
aircraft to an authorized user under subsection (b) only if the 
Secretary determines that--
(1) the authorized user has had continuous possession of 
the aircraft for not fewer than 10 years beginning on the date 
the aircraft was first received by the authorized user under 
the Federal Excess Personal Property program, whether used for 
operational purposes or as a source of serviceable parts;
(2) as of the date of the determination, the authorized 
user is in good standing with respect to the aircraft; and
(3) the transfer would not be inconsistent with--
(A) any statutory limitation or condition governing 
the original furnishing of the aircraft to the 
Department of Agriculture by another Federal department 
or agency; or
(B) any applicable national security, export 
control, or similar restriction, as determined by the 
Secretary in consultation, as appropriate, with the 
Secretary of Defense and the heads of any other 
relevant Federal agencies.
(d) Eligibility for Transfer of Serviceable Aircraft Parts.--The 
Secretary may approve the transfer of right, title, and interest in and 
to a serviceable aircraft part to an authorized user under subsection 
(b) only if the Secretary determines that--
(1) the authorized user--
(A) has had continuous possession of the 
serviceable aircraft part for not fewer than 5 years 
beginning on the date the serviceable aircraft part was 
first received by the authorized user under the Federal 
Excess Personal Property program; or
(B) has had continuous possession of an aircraft 
under the Federal Excess Personal Property program for 
not fewer than 10 years and the serviceable aircraft 
part was received in support of that aircraft, 
regardless of when the serviceable aircraft part was 
received;
(2) as of the date of the determination, the authorized 
user is in good standing with respect to the serviceable 
aircraft part;
(3) the authorized user has maintained accurate and current 
inventory records of the serviceable aircraft part in 
accordance with standards established by the Secretary, 
including documentation of the condition, location, and 
intended use of the serviceable aircraft part; and
(4) the transfer would not be inconsistent with--
(A) any statutory limitation or condition governing 
the original furnishing of the serviceable aircraft 
part to the Department of Agriculture by another 
Federal department or agency; or
(B) any applicable national security, export 
control, or similar restriction, as determined by the 
Secretary in consultation, as appropriate, with the 
Secretary of Defense and the heads of any other 
relevant Federal agencies.
(e) Conditions on Transfers.--
(1) In general.--As a condition of approving a transfer 
under this section, the Secretary may require the authorized 
user to agree, in such form as the Secretary may prescribe, to 
1 or more of the following:
(A) That, for a period not to exceed 5 years 
beginning on the date of transfer, the authorized user 
will continue to use any aircraft transferred under 
this section primarily--
(i) for public purposes consistent with the 
purposes of the Federal Excess Personal 
Property program, which may include wildland 
fire suppression, other emergency response, 
public safety missions, and training in support 
of those missions; or
(ii) as a source of serviceable aircraft 
parts to support other aircraft used for the 
public purposes described in clause (i).
(B) That, for a period not to exceed 3 years 
beginning on the date of transfer, the authorized 
user--
(i) will use any serviceable aircraft parts 
transferred under this section for purposes 
consistent with the maintenance, repair, 
overhaul, or operational support of aircraft 
used for the public purposes described in 
subparagraph (A)(i); and
(ii) will not use any serviceable aircraft 
parts transferred under this section for 
commercial resale or distribution except with 
the prior written consent of the Secretary.
(C) That, for a period not to exceed 5 years 
beginning on the date of transfer, the authorized user 
will not sell, lease, encumber, export, or otherwise 
dispose of the aircraft or serviceable aircraft parts 
transferred under this section except--
(i) with the prior written consent of the 
Secretary; or
(ii) in accordance with such conditions as 
the Secretary may establish by regulation.
(D) That, for a period not to exceed 5 years 
beginning on the date of transfer, the authorized user 
will maintain such records relating to the use and 
disposition of the aircraft or serviceable aircraft 
parts, and will make such records available to the 
Secretary upon reasonable request, as the Secretary may 
require.
(2) Modification or waiver.--The Secretary may, on a case-
by-case basis, modify or waive the application, in whole or in 
part, of one or more conditions imposed under paragraph (1) if 
the Secretary determines that such modification or waiver is 
necessary--
(A) to protect public safety;
(B) to comply with other applicable Federal law;
(C) because continued use of the aircraft or 
serviceable aircraft part by the authorized user is no 
longer practicable; or
(D) to facilitate appropriate maintenance, 
overhaul, or repair activities.
(f) Application and Determination.--
(1) Application.--An authorized user seeking a transfer of 
an aircraft or serviceable aircraft part under this section 
shall submit to the Secretary an application at such time, in 
such form, and containing such information as the Secretary may 
require, including--
(A) documentation of the date on which the aircraft 
or serviceable aircraft part was first received or 
placed into service by the authorized user;
(B) if the application relates to one or more 
serviceable aircraft parts, a complete and current 
inventory of all such serviceable aircraft parts for 
which transfer is requested, including information on 
the condition, location, and intended or actual use of 
each serviceable aircraft part;
(C) information sufficient for the Secretary to 
determine whether the authorized user is in good 
standing with respect to the aircraft or serviceable 
aircraft part; and
(D) any certifications or other assurances required 
by the Secretary regarding intended future use and 
compliance with conditions imposed under subsection 
(e).
(2) Timeline for decision.--Not later than 180 days after 
the date on which the Secretary receives a complete application 
under paragraph (1), the Secretary shall approve or deny the 
application.
(3) Denial.--If the Secretary denies an application 
submitted under paragraph (1), the Secretary shall provide to 
the authorized user a written notification of the denial that--
(A) states the reasons for the denial; and
(B) identifies, to the extent practicable, any 
actions the authorized user may take to cure the 
deficiencies and become eligible for a future transfer 
with respect to that aircraft, that serviceable 
aircraft part, or other aircraft or serviceable 
aircraft parts.
(g) Regulations and Guidance.--Not later than 18 months after the 
date of enactment of this Act, the Secretary shall promulgate such 
regulations, or issue such revisions to regulations or written 
guidance, as the Secretary determines to be necessary to carry out this 
section, including--
(1) objective criteria and procedures for determining 
whether an authorized user is in good standing;
(2) standards for inventory management, tracking, and 
reporting of serviceable aircraft parts, including serviceable 
aircraft parts not installed on an aircraft and serviceable 
aircraft parts that require overhaul or maintenance before 
installation;
(3) standards and procedures for evaluating applications 
and making determinations under subsection (f), including 
verification of parts inventories and condition assessments;
(4) model terms and conditions for agreements entered into 
under subsection (e), with separate or tailored conditions for 
aircraft and for serviceable aircraft parts; and
(5) safeguards, including any necessary coordination with 
other Federal departments or agencies, to ensure compliance 
with statutory limitations and with national security, export 
control, and similar requirements.
(h) Rule of Construction.--Nothing in this section shall be 
construed--
(1) to limit any other authority of the Secretary--
(A) to transfer title to property;
(B) to reclaim property; or
(C) to impose conditions on the participation of an 
authorized user in the Federal Excess Personal Property 
program; or
(2) to affect any law applicable to the original transfer 
of an aircraft or serviceable aircraft part to the Department 
of Agriculture by another Federal department or agency.
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