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On November 15, 2021, President Biden signed the “Infrastructure Investment and Jobs Act” into law (commonly referred to in the media as the “Bi-Partisan Infrastructure Bill”). The provisions in this act dedicate 1.2 trillion dollars of federal funds “for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.” This massive bill will fund upgrades and expansions to roads and bridges, railways, public transportation, and water systems, and will also expand broadband services across the country. Although this legislation will improve infrastructure nationwide, there are several key provisions which could have profound impacts across the West.

The Gila River Indian Community’s generational battle to restore rights to their water resources would not usually foreshadow a path of collaboration. The Community historically relied on the Gila River for their social, economic, cultural, and spiritual lives. But after the American Civil War in the 1860s, diversions of the Gila River by miners and white settlers devastated the Community’s economy and dried up this critical cultural connection.  This history sits in stark contrast to the realities of today. The Gila River Indian Community now holds the single largest entitlement of Arizona’s largest renewable water supply, and the Community has emerged as a key collaborator in securing Arizona’s water future.

Following decades of strict fire suppression, fire managers and policy makers have recently begun to recognize the importance of returning fire to the landscape for multiple resource benefits. Prescribed burning, controlling naturally ignited wildfires, and mechanical thinning are common approaches to reduce fuel loads and protect against high-severity fire. Although there has been increasing recognition of the importance of fire for different ecosystems and a suite of environmental laws and regulations that influence fire management practices for federal land managers, fire restoration in practice has not changed much in recent years.

Ecologists and landowners today want to bring back the benefits of fires through controlled prescribed burns.  These fires, sometimes in combination with cattle grazing, are used to control tree density, woody shrubs, and invasive species to promote healthy grasslands. After a fire, grazing animals are attracted to the lush re-growth of grass and concentrate their grazing in burned areas.  Additionally, regularly applied fire can reduce the intensity of unplanned fires, a particularly important consideration as drought and higher than average temperatures are ever more common. Despite these benefits, widespread use of prescribed fires on private lands in Arizona and elsewhere has been limited by concerns about liability for fires that may escape control of the fire manager.

Per- and Polyfluoroalkyl substances (“PFAS”) are a class of man-made chemicals that have been manufactured and used around the globe since their invention in the 1940’s.  Due to their flurosurfactant properties, PFAS are an important substance in reducing surface friction. Commercial applications for PFAS include manufacturing stain repellant clothing, food packaging, and nonstick cookware. In addition, PFAS is an important ingredient in firefighting foam, otherwise known as aqueous film-forming foam (“AFFF”). AFFFs were introduced in the 1960’s through a partnership with the 3M company and the Navy to be used for firefighting on military bases.

The widespread use of PFAS around the globe is cause for environmental concern because the perfluorocarbon molecules do not degrade in the natural environment. It is because of their persistence that PFAS have been called “forever chemicals.” PFAS are also highly mobile in water, soil, and air, and tend to bioaccumulate in plants and animal products.