Two pieces of legislation about wildland firefighters will be discussed
U. S. Capitol building. Photo by Bill Gabbert.
A hearing is scheduled in Washington, DC at 10 a.m. EDT Wednesday October 27, 2021 to discuss two pieces of legislation that would affect the pay and job classification of federal wildland firefighters.
The hearing before the House of Representatives Natural Resources subcommittee on National Parks, Forests, and Public Lands will be titled “Wildland Firefighting Workforce Reforms.” Members of Congress will receive testimony on two bills:
H.R. 4274Wildland Firefighter Fair Pay Act. (Rep. Zoe Lofgren). It would waive limitations on overtime and premium pay for wildland firefighters that affects higher level employees at the GS-12 and above level. If they work a certain number of overtime hours, they can now “max out”, after which they earn no more money. (The Wildfire Today article from Jan. 29, 2021 has more information about this bill.)
H.R. 5631Tim Hart Wildland Firefighter Classification and Pay Parity Act. (Rep. Joe Neguse). This bill has numerous provisions, including raising firefighter pay, creating a wildland firefighter job series, providing health care and mental health services to temporary and permanent wildland firefighters, housing stipends, and other items. (More details are in the Wildfire Today article from October 19, 2021.)
The full list of witnesses is not yet available but the Grassroots Wildland Firefighters, a group that participated in developing H.R. 5613, will be represented at the hearing by their President and Vice President, Kelly Martin and Luke Mayfield, respectively.
The bill would increase their take home pay by raising firefighters’ salaries and would provide other benefits:
Raise federal wildland firefighter pay to at least $20 an hour, and add “portal-to-portal” compensation;
Create a federal wildland firefighter classification series, so wildland firefighters are appropriately classified for the dangerous work they are doing;
Provide health care and mental health services to temporary and permanent wildland firefighters, including:
creating a national “Federal Wildland Firefighter Cancer and Cardiovascular Disease Database” to track chronic disease caused by on the job environmental exposure throughout the lives of current and past wildland firefighters, and
launching a mental health awareness campaign, a mental health education and training program and an extensive peer to peer mental health support network for wildland firefighters and immediate family.
Ensure all federal wildland firefighters earn retirement benefits for temporary seasonal employment, retroactively applying to the last 10 years of service (this has been corrected, and applies to service since 1989;
Provide 1 week of mental health leave for wildland firefighters;
Provide housing stipends for all firefighters on duty more than 50 miles from their primary residence; and
Provide tuition assistance for all permanent federal employees in the wildland firefighter classification.
The bill would affect the approximately 15,000 firefighters that work for the National Park Service, Bureau of Land Management, Bureau of Indian Affairs, Fish and Wildlife Service, and Forest Service. Their salaries are far below that found in some county, state, and municipal fire departments which has resulted in an exodus of trained and experienced fire personnel to other organizations, and makes recruitment of their replacements difficult.
Currently, wildland firefighters are primarily classified as “forestry technicians,” paid an hourly wage of $13.45 at the starting GS-3 level, and are often can’t afford the costs of housing while on the job. According to recent studies, firefighters nationwide commit suicide 30 times as often as the general public and have a 30% increased risk for cardiovascular diseases, and 43% increase for lung cancer.
The proposed legislation was announced during a virtual press conference Tuesday. Speakers in support included Rep. Joe Neguse (CO) and co-sponsor Rep. Salud Carbajal (CA). Other co-sponsors include Rep. Katie Porter (CA) and Rep. Liz Cheney (WY). Mr. Neguse is Co-Chair of the Bipartisan Wildfire Caucus.
The bill is named after Tim Hart, a smokejumper who died May 24, 2021 after a hard landing while parachuting into the Eicks Fire in New Mexico. Mr. Hart’s widow, Michelle Hart, was one of the speakers at the virtual press conference, expressing her support of the legislation.
“Tim would be humbled and honored to have this legislation be a part of his legacy,” she said. “These issues were deeply important and personal to him. Wildland firefighters deserve to be recognized and compensated for the grueling conditions in which they work and for putting their lives on the line every day. This legislation is a major step forward in achieving that goal.”
The legislation has not yet been introduced, and after that step it has to make it through several committees before it can be voted on in the full House of Representatives. One of those committees, the National Parks, Forests, and Public Lands subcommittee, is chaired by Mr. Neguse who said he will arrange for a hearing on the bill.
Mr. Neguse said he was reasonably certain that a companion Senate bill will be introduced in the coming weeks.
The bill is endorsed by Grassroots Wildland Firefighters, International Association of Firefighters, U.S. Hotshots Association, National Smokejumper Association, Wildland Firefighter Foundation, Eric Marsh Foundation, National Federation of Federal Employees, and Team Rubicon.
The Grassroots Wildland Firefighters, one of the organizations that provided input as the legislation was being formulated, issued a statement on the legislation:
“We urge all members of congress to support Tim’s Act, if you represent a district impacted by wildfire or any type of natural disaster, please understand how these needed fixes impact the well-being of the men and women responding to those incidents.” said Luke Mayfield, GWF Vice President, adding that, “simultaneously Grassroots Wildland Firefighters will work to keep firefighters and their families briefed on how the bill would impact their lives.”
Presumptive illnesses recognized for forest firefighters in Victoria, and in the U.S. a housing allowance and mental health program
11:51 a.m. MDT Sept. 23, 2021
A firefighter on the Dixie Fire in Northern California. Photo by Luanne Baumann posted on InciWeb August 11, 2021.
Important legislation has been introduced in Australia and in the United States that would have a very meaningful and positive effect on wildland firefighters.
Victoria, Australia
In Victoria, Australia a bill titled “Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Bill 2021” extends the presumptive disease program to forest firefighters. It also includes “surge firefighters” who are government employees normally in other roles, but who perform firefighting duties during the fire season as part of their agency’s surge capacity as needed.
The presumptive disease program ensures that if a firefighter is diagnosed with any of the 12 listed cancers, they will not have to prove that it was caused by their employment, and it will be considered an on the job injury.
The cancers covered are brain, bladder, kidney, non-Hodgkins lymphoma, leukemia, breast, testicular, multiple myeloma, prostate, ureter, colorectal, and oesophageal. The employee must have been on the job for 5 to 15 years, depending on which disease they have.
If the legislation is passed, the presumptive right will apply to individuals diagnosed on or after June 1, 2016 if the diagnosis occurs during the course of a person’s service as a firefighter or within 10 years after they have ceased to serve.
This is an important issue that should also be addressed in the United States.
Lily D’Ambrosio, the Minister for Energy, Environment and Climate Change, explained the program in detail during the second reading of the bill. Here is a link to the legislation.
United States
In the United States amendments to the National Defense Authorization Act (NDAA), if they are approved and the bill is passed, would affect wildland fire in two ways.
A housing allowance would be provided to any federal wildland firefighter hired at a location more than 50 miles from their primary residence. The amount would be based on the cost of housing in the area.
And, a mental health awareness and support program would be created for federal wildland firefighters including:
A mental health awareness campaign;
A mental health education and training program that includes an on-boarding curriculum;
An extensive peer-to-peer mental health support network for federal wildland firefighters and their immediate family;
Expanding the Critical Incident Stress Management Program through training, developing, and retaining a larger pool of qualified mental health professionals who are familiar with the experiences of the wildland firefighting workforce, and monitoring and tracking mental health in the profession to better understand the scope of the issue and develop strategies to assist; and
Establish and carry out a new and distinct mental health support service specific to federal wildland firefighters and their immediate family, with culturally relevant and trauma-informed mental health professionals who are readily available and not subject to any limit on the number of sessions or service provided.
In addition, each federal wildland firefighter would be entitled to 7 consecutive days of leave, without loss or reduction in pay, during each calendar year for the purposes of maintaining mental health.
Both of these, a mental health program and a housing allowance, if approved would be huge. Along with salary, these two issues have a large impact on retention. Too many federal firefighters live in their cars because the cost of housing where they are required to work is more than they can afford on the money they make. The mental health issues, including very high suicide rates, have been well documented.
If these two amendments do not end up in the final signed NDAA legislation there is a backup plan. Colorado Congressman Joe Neguse, Co-Chair of the Bipartisan Wildfire Caucus, would introduce the Housing Our Firefighters Act and the Care for Our Firefighters Act.
Mr. Neguse is also planning to introduce in the near future bills to overhaul federal firefighter pay, benefits and classification.
The Grassroots Wildland Firefighters have been instrumental in getting these issues in front of committee staffers and politicians.
Another amendment in the NDAA would require a study of the risks posed to Department of Defense infrastructure and readiness by wildfire, including interrupted training schedules, deployment of personnel and assets for fire suppression, damage to training areas, and environmental hazards such as unsafe air quality.
The Capitol, Washington, DC. Photo by Bill Gabbert
A $1 trillion bipartisan infrastructure bill with funding for some wildland fire issues passed an important procedural vote in the Senate Friday that opened up the legislative package to the next phase, potential changes and amendments. In the evenly divided body at least 60 votes are needed for amendments and final passage. It received 66 today which allows it to move forward in the process. The Senate version of the bill is S.2377 – Energy Infrastructure Act.
About 0.3 percent, or approximately $3,369,000,000 in this $1 trillion “small” infrastructure bill is directed at wildland fire. Another infrastructure bill that may spend more than $3 trillion will be considered later.
The $1 trillion version appropriates funds toward a couple of dozen wildland fire issues, most of which are important, but especially a few that have been near and dear to the hearts of Federal firefighters Forestry Technicians for years, especially the creation of a Wildland Firefighter occupational series. This would mean if the bill passes they will no longer be pigeonholed as they are now in a Forestry Technician job description. A bump in salary is also included.
After it made it onto the Senate floor this week things started happening quickly. While amendments can be brought forward, there is hope that the final version could receive a vote in a matter of days, perhaps as early as Sunday August 1. If not then, probably soon thereafter. However, with politicians and legislation anything is possible — or sometimes impossible. After it passes the Senate, then it moves to the House where the outcome is less certain. The politicians and staffers are motivated to do SOMETHING, because they are anxious to leave on their August recess.
The bill authorizes $600 million for management of personnel — those who fight fires.
The bill directs OPM to develop a distinct “wildland firefighter” occupational series.
The DOI and FS shall convert no fewer than 1,000 seasonal wildland firefighters to wildland firefighters that are full-time, permanent, year-round Federal employees who will reduce hazardous fuels on Federal land for at least 800 hours each year.
The base salaries of Federal wildland firefighters will be increased by the lesser of an amount that is commensurate with an increase of $20,000 per year or an amount equal to 50 percent of the base salary.
Develop mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards.
Establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize and address mental health needs, including care for post-traumatic stress disorder.
Other provisions of the the bill, authorized for fiscal years 2022 through 2026. (M = million)
$20M, Satellite fire detection
$10M, Radio interoperability
$30M, Reverse 911 systems
$50M, Slip-on firefighting modules for pickup trucks
$100M, Pre-fire planning, and training personnel for wildland firefighting and vegetation treatments
$20M, Data management for fuels projects and large fires
$20M, Joint Fire Science Program (research)
$100M, Planning & implementing projects under the Collaborative Forest Landscape Restoration Program
$500M, Wildfire defense grants for at risk communities
$500M, Prescribed fires
$500M, Constructing fuelbreaks
$200M, Remove fuels, produce biochar and other innovative wood products
$200M, Post-fire restoration
$8M, Firewood banks
$10M, Wildfire detection and real-time monitoring equipment
One issue this legislation does not address is the inadequate funding of aerial firefighting, the use of air tankers and helicopters to assist firefighters on the ground by dropping water or retardant to slow the spread of wildfires, which is necessary for Homeland Security. The Federal agencies entered the year with 18 large air tankers and 28 large Type 1 helicopters, when they should have 40 large air tankers and 50 large helicopters on exclusive use 10-year contracts instead of the existing 1-year contracts.
The draft of a bill being worked on by a bipartisan group of Senators includes a $20,000 raise for some Federal wildland firefighters and a new job series.
The provisions are part of an infrastructure bill written by Senator Manchin and nine other Senators from both parties. The total scope of the legislation could spend $1 trillion or more. About $3.5 billion would be appropriated for wildland fire programs in the US Forest Service and the four land management agencies in the Department of the Interior.
One of the provisions would appropriate $600 million to give some firefighters a $20,000 bump in salary. The amount would be the same, regardless of their regular pay grade. For those working less than year-round, the raise would be prorated — work for six months and receive an increase of $10,000, for example. The catch is, it would only apply to firefighters whose pay is “lower than the minimum wage of the applicable State, or if the position is located in a location where it is difficult to recruit or to retain a wildland firefighter or wildland fire manager.” The bill does not specify who would decide if those conditions exist, but it could be argued that it is difficult to recruit and retain Federal wildland firefighters in most locations.
The bill would also have the Department of Agriculture work with the Office of Personnel Management to “develop a distinct ‘wildland fire manager’ occupational series.” Those presently employed would have the option of moving to the new series, but it would not be required.
On June 16 a group of 20 Senators released a statement saying they support the bipartisan infrastructure package. Of the 20, 11 are Republicans. If they all actually vote for the legislation, it would pass –if all Democrats are also in favor, which is not certain. Some have indicated they will oppose the bill which they say does not do enough to fight climate change or income inequality. If any Democrats oppose the plan, more than 10 Republicans would need to back it for it to hit the 60-vote threshold to pass legislation in the Senate. But it is key that Senator Manchin, Chair of the Senate Committee on Energy and Natural Resources and a Democrat who frequently votes with Republicans, had a large part in drafting the bill.
The Associated Press reported that President Biden told reporters yesterday he had yet to see the emerging proposal from the group but remained hopeful a bipartisan agreement could be reached, despite weeks of on-again, off-again talks over his more robust $1.7 billion American Jobs Plan.
The 423-page bill has many other fire-related provisions. All of the funds listed below, except as noted, will be for both the US Forest Service and the four land management agencies in the Department of the Interior.
$100 million to work with the National Weather Service to establish and operate a satellite program to rapidly detect and report wildfire starts in areas where the two Departments have the responsibility to suppress wildfires.
Convert no fewer than 1,000 seasonal wildland firefighters to full-time year-round Wildland Fire Manager positions and reduce hazardous fuels on Federal land at least 800 hours per year. (Note from Bill: 800 hours would be 38 percent of each firefighters base time, a major change in their job duties. The $600 million allotted for the salary increase includes enough to pay for the conversion of the seasonals to permanent full-time.)
$20 million to acquire technology and infrastructure for each Type 1 and Type 2 incident management team to maintain interoperability with respect to the radio frequencies used by any responding agency.
$30 million to provide financial assistance to States and units of local government to establish and operate Reverse-911 telecommunication systems.
$100 million for the Secretary of the Interior to establish and implement a pilot program to provide to local governments financial assistance for the acquisition of slip-on tanker [fire engine] units to establish fleets of vehicles that can be quickly converted and operated as fire engines.
$20 million for research conducted under the Joint Fire Science Program.
$50 million for conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that focuses, to the extent practicable, on small-diameter trees.
$500 million for the Secretary of Agriculture to award community wildfire defense grants to at-risk communities.
$500 million for prescribed fires.
$500 million for developing or improving potential control locations, including installing fuel breaks, with a focus on shaded fuel breaks when ecologically appropriate.
$200 million for contracting or employing crews of laborers to modify and remove flammable vegetation on Federal land and use the resulting materials, to the extent practicable, to produce biochar, including through the use of the CivilianClimate Corps.
$200 million for post-fire restoration activities that are implemented not later than 3 years after the date that a wildland fire is contained.
The Grassroots Wildland Firefighters organization has been very active in recent months, advocating for pay for federal firefighters that is competitive with the companies and agencies that are luring personnel to leave the Federal government to come work for far better pay and benefits. When told about the draft legislation, Kelly Martin, their President, said they have been advocating for elimination of the 25 percent hazard duty pay when working on a fire and a 50 percent increase in base salary, which she thought would be more appropriate than a $10,000 to $20,000 boost in pay. The organization also wants their firefighters who are classified as Forestry or Range Technicians correctly placed into a Wildland Firefighter job series. Ms. Martin said that lower and mid-level firefighters are not managers, so they should not be in a Wildland Fire Manager job series as proposed in the draft legislation.
My Take:
This bill has a long way to go before it is voted on, so the provisions could change. That will provide a window for firefighters to contact their Senators to express their opinion, ask for modifications of the content, or add items not included.
Changing the firefighters’ job titles from Forestry or Range Technician to Wildland Fire Manager is not a major step forward. It is too vague and might be confused with managing a less than full suppression fire. Like Ms. Martin said, it incorrectly describes rookie and mid-level firefighters as “managers”, and could lead to arguments about firefighter retirement and pay suitable for firefighters. They need a new Wildland Firefighter job series with a new pay schedule commensurate with their duties and competitive in the field.
This proposed legislation, which is yet to be introduced, does not have everything many firefighters are hoping for, but it may be like the infrastructure specifications that are not everything that some Democrats want. Unless there is more specific legislation being seriously proposed that would better address firefighter issues, it could be worthy of support if some of the provisions are changed. But it leaves out a more reasonable pay plan, presumptive illnesses, better support for mental and physical health issues, and a larger workforce to match the “new normal” very large fires which threaten homeland security.
Senator Dianne Feinstein was adamant that the pay structure for federal wildland firefighters is not adequate in today’s job market
Senate hearing, Appropriations Subcommittee on Interior, Environment, and Related Agencies, May 26, 2021. Still image from Committee video.
The pay of federal wildland firefighters and hazardous fuels treatments were two of the issues discussed Wednesday at a hearing before the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies. The only witness was Vicki Christiansen, Chief of the U.S. Forest Service. The hearing was titled, Rethinking Resiliency: Budgeting for the Future of Forest Management.
The fact that it was scheduled at all seemed unusual, since a similar hearing before the same committee was held just five weeks ago on April 15 with Chief Christiansen testifying. The video of the earlier hearing is still available at the link above, but the hearing is not listed in the Committee’s list of “recent hearings.”
Senator Dianne Feinstein said her main concern is the “salary situation.” She said the California Department of Forestry and Fire Suppression pays their firefighters $70,000 and the “U.S. Forest Service pays $38,000.” She had a strong point but her information about the FS salary is misleading. Most FS firefighters start as a seasonal employee at the GS-3 level. If they worked year round, which most of them do not, they would earn $28,078 a year at $13.45 an hour. After working for five to ten years they might be able to obtain a permanent full time appointment. If they reached the GS-6 level, they could earn $39,311 a year as a trained, experienced, highly skilled mid-level firefighter — an employee highly valued by other organizations anxious to hire them at double the salary.
Senator Dianne Feinstein, at Senate Appropriations Subcommittee hearing, May 26, 2021. Still image from Committee video.
Senator Feinstein said the differential in pay between CAL FIRE and the FS “…is the problem. And the loss in fire is just tremendous. I think that we have to move some way in a bill to make that change.”
“State, local, and private entities can range from $70,000 to $88,000 a year,” Chief Christiansen replied. “And their benefits are better. We have folks that are absolutely committed to the mission of the Forest Service, but at that wage, that gap in the wage, they’re going on to work for other entities. So we really appreciate working with you to bridge this gap and to discuss. We need more of a year-round workforce as well.”
“Well thank you Chief,” said Senator Feinstein. “Thank you very much for that because I’ve been around a long time, was a mayor for nine years of [San Francisco]. And I’ve never seen a pay differential this stark as the difference between federal firefighter pay and state firefighter pay. So the reason I’m here, is to say we need to move and do something about it. Let me ask another question. Do you have the mobility, Chief, to make the necessary moves to prevent this inequity from showing in actual firefighting?”
US Forest Service Chief Vicki Christiansen, at Senate Appropriations Subcommittee hearing, May 26, 2021. Still image from Committee video.
“Thank you,” Said the Chief. “We certainly can bring a strong voice to this problem, but we have to work across the Federal government with the Office of Personnel Management and of course, other agencies with federal wildland firefighters, the Department of the Interior being the largest. [Agriculture] Secretary Vilsack has made a commitment to bring leadership to this. And we really look forward to working with you here in Congress to address this issue.”
Senator Feinstein said she hoped the committee would work with her and others and “try to solve it.”
The Chief said that during the pandemic the FS continued hazardous fuels work, “…but we know it’s not enough. We need a paradigm shift under the President’s jobs plan. President Biden is calling on Congress to significantly invest in protection from extreme wildfire. After confronting record wildfires last year, we expect another long and arduous fire year in ’21. We are prepared, but we remain deeply concerned about the welfare and the pay of our thousands of firefighters. We’re grateful for your help in finding solutions that address pay equity, fatigue, and the mental wellbeing of our firefighters. Just this Monday, a Forest Service firefighter was seriously injured in New Mexico. He is a smoke jumper from Montana, and this demonstrates the seriousness of this business. Our thoughts and prayers are with him and his family. As I know yours are as well. You know, our infrastructure needs are pressing as are the economic needs of Americans. When we improve the infrastructure of the National Forests by upgrading roads, trails, and recreation sites. It spurs job growth and boosts economies. Thanks to the Great American Outdoor Act, we expect to create an additional 4,400 jobs and contribute an estimated $420 million to the GDP annually.
Senator Merkley asked about a report required by law to have been submitted by March 27 to provide Congress an estimate of the federal investment required to treat and restore federal and non-federal acres classified as high risk for wildfire. Chief Christiansen blamed the delay on the Department of the Interior where it is “in its final clearance”. Senator Merkley emphasized that the subcommittee needs the data “to advance far more funds for forest treatments” and asked the Chief to be sure it is submitted by the end of the month.
The Senator mentioned there is a significant backlog of fuel reduction projects in Oregon and New Mexico. He asked the Chief, “What does it take to get these projects that have already cleared the environmental controls, underway. Is it a single limitation? Is it just money or is it anything else?”
After an extended answer from the Chief, Senator Merkley interrupted to say, “I’m going to have you shorten it a little bit there. I think your answer was essentially, ‘Yes, it’s funds’ “.
