Bill would let DNRC act on fires near state property when federal response is unclear; agency and sponsor emphasize safety and cost recovery

Representative Lou Jones introduced House Bill 130 to clarify DNRC authority and expectations for initial attack when fires originate on federal lands but threaten private or state property near state-managed boundaries.

Amanda Kaster, director of the Department of Natural Resources and Conservation, testified the bill is intended to "encourage safe and aggressive initial attack on all lands within the state where private property and communities are threatened and where there is ambiguity in federal wildfire response and decision making." She told the committee the state keeps 95% of fires within its jurisdiction under 10 acres and that the bill would not require any firefighter to act unsafely; it would preserve State Fire Policy (cited in testimony as 76-13-115) emphasizing safety.

Deputy Division Administrator Wyatt Frampton explained DNRC’s existing master cooperative agreements with federal agencies and said the bill would provide legislative direction to help shape negotiations in the 2026 agreement renewal. He said the proposed language was meant to allow action within a short distance (testimony identified a five-mile threshold in the bill discussion) of state or private property where lives or property are at risk, and then pursue cost recovery from the responsible federal agency when appropriate. Frampton noted that DNRC routinely exchanges bills with federal partners for mutually agreed activities but had not yet implemented the precise scenario HB 130 would authorize.

Committee members asked about litigation and reimbursement risks. Frampton and the sponsor said the department hopes clear legislative intent will inform master agreement negotiations, but that there are no guaranteed outcomes: ‘‘We could end up in the scenario where the taxpayer of Montana is paying for some fire costs as we work our way through this, but the taxpayer of Montana also or the people of Montana pay for those huge fires that come off and burn all sorts of items down and fill the air with smoke and impact tourism,’’ the sponsor said.

Supporters included the Montana Farm Bureau Federation, Montana Stockgrowers Association, Montana Grain Growers Association and other agricultural and local wildfire-response groups. No opponents were listed at the hearing. The committee did not take a vote on HB 130 during this meeting.