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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself, Mr. Padilla, and Mr.
Hickenlooper):
S. 4666. A bill to amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages; to the Committee on Finance.
Mrs. FEINSTEIN. Mr. President, I rise to speak in support of legislation that I introduced today along with Senators Alex Padilla and John Hickenlooper. This is a companion to the bipartisan bill that Representative Mike Thompson has introduced in the House of Representatives.
In 2020, the Fire Victim Trust was established after Pacific Gas & Electric, PG&E, was found legally responsible for major California wildfires in 2015, 2017, and 2018. PG&E contributed about $13 billion to this fund to pay victims of these wildfires to cover losses they suffered.
Unfortunately, the specific situations of each of these victims is different, and it is unclear to many whether they will need to pay Federal income tax on the amounts they receive. Moreover, it is unfair that these victims should have to worry about paying taxes on amounts that are simply intended to make them whole.
In addition, about 30 percent of settlement payouts are devoted to attorney fees, for attorneys whom the victims did not hire. It appears that victims will even owe taxes on the full amount of the settlement, including these attorney fees.
This is a problem now for wildfire victims in California. However, as the frequency and severity of wildfires grows across the Western United States due to climate change, it is more likely that this is a problem that California and other States will face again.
Our legislation would do two things. First, it would clarify that such wildfire settlement fees are not taxable. Second, it would create an above-the-line tax deduction for relevant attorney fees. This would provide tax certainty and fairness to wildfire settlement victims now and into the future.
With the incidence of wildfires rising, this is an important issue for Congress to address now to avoid victims having to worry about paying taxes on settlement payments that are meant to make them whole from devastating losses that many of them have suffered.
I hope my colleagues will join me in support of this bill.
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By Mrs. FEINSTEIN (for herself and Mr. Padilla):
S. 4669. A bill to establish the Western Riverside National Wildlife Refuge, and for other purposes; to the Committee on Environment and Public Works.
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce the Western Riverside County National Wildlife Refuge Act, along with my California colleague, Senator Alex Padilla.
As our country's population grows, so does the need for infrastructure like housing and highways. However, we must find a way to balance the needs of growth with the preservation of our natural resources, including endangered species habitat and green space for the health and safety of our communities.
Senator Padilla and I are proud this legislation would accomplish those goals by creating a Federal wildlife refuge in western Riverside County as part of a collaborative land management plan created by Riverside County.
The newly created wildlife refuge would provide expanded recreation, conservation, and educational opportunities for the local community--
one of the fastest growing in the Nation.
This legislation builds off Riverside County's multiple species habitat conservation plan, allowing land that has already been acquired by the Western Riverside County Regional Conservation Authority to be included in the new Federal wildlife refuge this bill would create.
Our bill would establish a new unit of the National Wildlife Refuge System--the Western Riverside County National Wildlife Refuge. The refuge would be comprised of donated lands from Western Riverside County Regional Conservation Authority, as well as any additional lands deemed appropriate by the Interior Department acquired from willing sellers or donors, including Federal, State, or local agencies, Tribes, or private land owners.
This refuge would not only create increased recreation, outdoor access, and educational opportunities in Southern California but also work to protect endangered species in the region like the arroyo toad, the southwestern willow flycatcher, and the quino checkerspot butterfly. These protections would in turn help streamline infrastructure projects and support smart growth and land management planning.
As temperatures continue to rise and California experiences another historic drought and wildfire season, it is more important than ever to ensure that we conserve green spaces. As I stated earlier, Riverside County's population is one of the fastest growing in the country, and it is well documented that human development can have damaging effects on the health of endangered and threatened species. Additionally, overdevelopment results in poor community health and well-being.
That is why smart, collaborative land management planning is our best option on how to move forward with a growing population and economy, while safeguarding the resources that keep our communities and wildlife populations healthy.
This bill would support the conservation of habitat for 146 different species in the region, including 33 species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. The acquisition boundary for the refuge was created in collaboration with the county, environmental groups and the U.S. Fish and Wildlife Service. The boundary area expands on local conservation efforts and increase access to green spaces, especially to underserved communities.
The coronavirus pandemic and recent extreme heat waves in our State have served to underscore the importance of ensuring access and preservation of open spaces, especially as our Nation's population grows and its cities expand.
This bill also meets the Biden administration's call to conserve 30 percent of U.S. lands and waters by 2030, an initiative known as America the Beautiful. We are proud the creation of this refuge would contribute to that important goal.
I urge my colleagues to join me in supporting this legislation.
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By Mr. PADILLA (for himself and Mr. Cramer):
S. 4672. A bill to modify the authority of the Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and to authorize the Secretary to transfer excess aircraft to the Governor of a State, and for other purposes; to the Committee on Armed Services.
Mr. PADILLA, Mr. President, I rise to introduce the bipartisan Emergency Aircraft Act of 2022.
Currently, DOD has a program to transfer excess aircraft to Federal Agencies for wildfire suppression purposes. However, under current law, DOD is limited to providing only seven aircraft total to each Agency.
After years of increasingly catastrophic wildfires, it has become clear that the Federal Government must do more to support suppression efforts to get fires under control quickly, as well as support search and rescue to keep communities safe. If there are excess aircraft available, they should be put to use suppressing fires and protecting communities.
Furthermore, as fire activity has exploded in the past few years, States have stepped up and greatly increased their own suppression efforts. They should also be allowed to utilize these excess aircraft to increase suppression capabilities and put fires out faster. However, under current law, States do not have access to these excess aircraft.
This bill would remove the arbitrary cap on how many excess aircraft DOD can transfer to Federal Agencies for wildfire suppression efforts; allow States to receive excess aircraft; expand the purposes for which these aircraft could be used from just ``wildfire suppression purposes'' to include purposes of ``wildfire suppression, search and rescue, or emergency operations pertaining to wildfires''; and mandate an annual report from DOD to the Committees on Armed Services of the Senate and the House of Representatives on aircraft transferred during the previous fiscal year.
This bill represents a commonsense step forward to expand fire suppression and search and rescue operations across the Federal Government and State governments.
I want to thank Senator Cramer for joining me in this bipartisan effort, and I urge my colleagues to join us in working to pass this bill as quickly as possible in light of the extreme wildfire danger facing States across the country.
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SOURCE: Congressional Record Vol. 168, No. 126
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