Panhandle Wildfires Investigative Committee releases findings, recommendations

After three days of investigative hearings in Pampa during the first week of April, the five-member Investigative Committee on the Panhandle Wildfires released its initial report on Wednesday, which focused on the recent weeks-long outbreak of devastating wildfires across the High Plains.

PAMPA, Texas (KAMR/KCIT) - After three days of investigative hearings in Pampa during the first week of April, the five-member Investigative Committee on the Panhandle Wildfires released its initial report on Wednesday, which focused on the recent weeks-long outbreak of devastating wildfires across the High Plains.

In the 43-page long initial interim report, the investigative committee discussed the history and causes related to the February-March wildfires that scorched the Texas Panhandle and High Plains region, which contributed to the deaths of at least three people and thousands of cattle and burned more than 1 million acres of land. The report also examined the community, state and federal responses to the wildfires, and made recommendations for the Texas Legislature to consider related to wildfire prevention and improving disaster preparedness, response and mitigation.

As previously reported on MyHighPlains.com, the committee was formed in the wake of the damages wrought by the fires, particularly the "Smokehouse Creek" fire - which became the largest wildfire in Texas history. The committee members included Texas State Representative Ken King of Canadian, who chaired the committee; Texas State Representative Dustin Burrows of Lubbock; Texas State Representative Todd Hunter of Corpus Christi; Public Member Jason Abraham; and Public Member James Henderson.

The submitted report was broken up into multiple major sections, including:

• Introduction & background to the 2024 Panhandle Wildfires;
• Findings;
  • Factors contributing to wildfires;
  • Allocation of resources;
  • Intergovernmental coordination;
• Recommendations;
  • Legislative solutions & other actions for future prevention;
  • Allocation of resources;
  • Intergovernmental coordination; and
  • Other considerations.

Introduction & background to the 2024 Panhandle Wildfires

The investigative report noted in its findings that in the past two decades, wildfires in the Texas Panhandle have sparked due to causes ranging from arson, chains dangling from vehicles, fireworks and cigarette butts to utility power lines. The fires started by power lines, including the "Smokehouse Creek" and "Windy Deuce" fires have been noted as among the most destructive in the region.

"Texas has experienced a growing trend in the magnitude and intensity of wildfires across the state," noted the report, "Fire seasons are growing longer, and the fires are larger and more destructive."

Since 2006, the report said that a particular increase in the number and destructivity of wildfires in the region have been contributed to by an increase in fuel loads for potential fires and a lack of fire breaks and preventative maintenance for both grasslands and utility lines.

"Aging and inadequately maintained utility poles often fail, sparking ignitions," said the report, as also previously reported on MyHighPlains.com, "A regulatory “no-man’s land” permits irresponsible oil and gas operators to neglect fuel loads and dangerous electrical safety problems on and around well site locations, where exposed wiring and other dilapidated electrical equipment make for ready ignition sources."

The increased risks of wildfires in the High Plains region in recent decades was exacerbated in late February 2024, said the report, when the Texas Panhandle experienced unusually high temperatures, low humidity and severe winds.

The report then went on to establish a timeline related to multiple of the larger fires that sparked during the February-March outbreak, including the "Smokehouse Creek" fire, "Grape Vine Creek" fire, "Windy Deuce" fire, "2277" fire, and "Reamer Creek" fire.

While those fires were considered the "primary" wildfires that occurred in February-March in the Texas Panhandle and High Plains region, the report noted there were numerous others.

In the wake of the fires, the report noted that estimates provided by community members, the Texas A&M AgriLife Extension Service and the Texas Intrastate Fire Mutual Aid System (TIFMAS) said that the total economic loss to the Texas Panhandle region could exceed $1 billion. After conservative estimates of more than $123 million in agricultural and agriculture-related losses, AgriLife noted that losses from the wildfires, "extend far beyond agriculture, touching multiple and various facets of community life within the Panhandle region."

Throughout the counties most impacted by the wildfires, officials estimated that around 76 homes were destroyed or damaged in Hemphill County; more than 50 homes were destroyed in Hutchinson County; at least 500,000 acres were burned in Roberts County; and in Gray County 35,000 acres were burned, one home was destroyed, two fire trucks were damaged and one fire truck was lost.

Regarding the loss of livestock, the Texas & Southwestern Cattle Raisers Association approximated that at least 15,000 individual heads of cattle were known to be lost due to the fires. However, the report noted that beyond the death of any one animal or herd, "these cattle carried DNA reflecting generations of genetic development fostered by Panhandle ranchers, much of which has been lost."

The report further noted the extensive damages to property, trees and other vegetation, pasture and farmland, the destruction of hundreds of water wells that have eliminated water sources for people and livestock around the region, property value and community resources, erosion and other broad-reaching ecological and economic devastation.

However, staring down the barrel of years of revenue loss and difficult ecological recovery, the report noted that Federal Emergency Management Agency (FEMA) Fire Management Assistance Grants (FMAG) are expected to only reimburse 75% of the costs of fighting the "Smokehouse Creek" and "Windy Deuce" fires. Losses to private property owners from the wildfires likely do not qualify for FEMA's Individual Assistance Program, and Texas will be ineligible for reimbursement of agency costs under FEMA's Public Assistance Grant Program.

Further, the report detailed the committee's concern about increased premiums for homeowners insurance in the wake of the wildfires, or the potential loss of that coverage. Similarly, the committee voiced its concern and anticipation "that utility companies may seek to pass along the costs of electrical infrastructure repairs and damages paid to landowners for fire-related losses."

As noted in previous reports on MyHighPlains.com, utility companies such as Xcel Energy Services, Southwestern Public Service Company, and Osmose Utilities Services have been subject to multiple lawsuits in the wake of the "Smokehouse Creek" fire. Xcel Energy and the Texas A&M Forest Service (TFS) have both previously noted that at least four of the Texas Panhandle wildfires were ignited by utility poles and electrical distribution lines; two that were owned by Xcel Energy and two that were owned by oil and gas companies.

Investigative findings for wildfire cause and response

Overall, the report found that a lack of preventative maintenance and a lack of funding, communication and resources for wildfire response not only contributed to the fires sparking but also made them far more difficult to minimize and contain.

The investigative findings included:

• Factors contributing to wildfires:
  • The primary and most destructive 2024 Panhandle wildfires were caused by power lines;
  • Regulatory oversight of stripper well operators is grossly deficient;
  • Existing fire prediction and modeling is ineffective; and
  • Mitigation strategies are effective but underutilized.
• Allocation of resources:
  • Volunteer fire departments are inadequately funded;
  • Predictable, prompt and reliable aviation support is not available under the existing US Department of Agriculture Forest Service program;
  • Antiquated and incompatible communications equipment prohibits effective wildfire response; and
  • Vehicle manufacturer compliance with existing Environmental Protection Agency emissions regulations poses a danger to firefighters.
• Intergovernmental coordination:
  • Coordination among responding local, state and federal government entities was ineffective.

"The largest and most destructive of the Panhandle wildfires were caused by electric power poles and lines that had not been effectively maintained or replaced by a utility provider and an oil and gas operator," said the report, "Although volunteer firefighters fought valiantly to contain the wildfires, response efforts were inhibited by a lack of properly positioned, readily available, and timely dispatched air support on top of ineffective communication and coordination among agencies, local governments, and responders due in part to communications equipment that lacked interoperability.

"Volunteer fire departments (“VFDs”), which the Panhandle region largely depends on, are grossly underfunded, making it virtually impossible for them to obtain the equipment and resources needed to fight wildfires of this magnitude safely and effectively."

Investigative recommendations for wildfire prevention and response

The report found a need for "prompt and aggressive action" to better predict, prevent and respond to wildfires across the Texas Panhandle and the rest of the state. Those suggested actions included:

• A need for more effective monitoring and rule enforcement for oil and gas operators and to improve accountability among utility providers;
• A recommendation for Texas to obtain and control its own firefighting air fleet;
• Adding funding and opportunities for volunteer fire departments;
• Upgrading statewide communication systems;
• Improving wildfire response coordination and communication; and
• Informing Texans of available fire mitigation strategies and incentivizing implementation.

The report further noted that amid its recommendations to the Texas Legislature, various state agencies and other parties, it advised that implementing those strategies should be done:

• With consideration and attempts to avoid unintended consequences that may occur as a result of newly enacted or amended legislation, regulation or guidance;
• In a way that minimizes burdens to volunteer fire departments, local governments and communities; and
• Without reducing funding to other legislative initiatives or current programs that benefit Texas Panhandle residents.

"Texas is a big state," said the report, "It has been blessed with many resources, but their allocation requires deliberate and principled consideration."

The report listed numerous recommendations for wildfire prevention and response improvements, including:

• Legislative solutions and other actions for future prevention:
  • Increased oversight of oil and gas operators;
  • Increased oversight of utilities; and
  • Fire prediction and modeling must be improved.
• Allocation of resources:
  • Increased funding for volunteer fire departments;
  • Establishing a state-owned firefighter air fleet and supporting infrastructure to supplement with private aircraft contracted directly with the state;
  • Legislate job protection for volunteer firefighters;
  • Study and make recommendations to achieve greater coordination between local firefighters and TIFMAS;
  • Direct TAMFS to maintain a county-by-county database of available firefighting equipment to coordinate use during wildfires;
  • Study procurement of surplus emergency vehicles from the Federal Surplus Personal Property Program, Texas Military or other sources;
  • Call on Congress and federal regulators to mitigate dangers posed to firefighters due to vehicle manufacture compliance with EPA emissions regulations;
  • Encourage and incentivize retention of TAMFS agency administrators and personnel; and
  • Modify fire mitigation strategies.
• Intergovernmental coordination:
  • Appropriate funding for modernized equipment to enable reliable communications among first responders, governmental agencies and local governments;
  • Mandate coordination of training and response efforts between TAMFS and volunteer fire departments; and
  • Guidance for TAMFS.
• Other considerations:
  • Appropriate funding for modernized equipment to enable reliable communications among first responders, governmental agencies and local governments;
  • Address insurance coverage concerns and restrict rate increases;
  • Prohibit utility rate increases; and
  • Revisit ranking system for plugging orphaned wells.

The recommendation to establish a Texas-owned firefighter air fleet in the report referenced the opinion of Texas Division of Emergency Management (TDEM) Chief Nim Kidd, who suggested that as a starting point, the state should purchase four fixed-wing aircraft, two rotary-wing aircraft and a command aircraft. This in part came after testified difficulties with obtaining available aircraft through the federal system during the wildfires due to equipment availability and the ability of firefighting aircraft to perform during severe wind conditions such as those that occur in the Texas Panhandle.

However, emergency officials during the wildfire hearings further noted the importance and value of resources provided through federal coordination efforts and the larger forest service community. The recommendation for a state-owned firefighter air fleet in the report did not address whether or not that would mean pulling Texas out of those national resource networks.

Further, the report noted that it found that smaller fire departments and volunteer fire departments have fire trucks that are not driven frequently or over long distances, and are left to idle for long periods of time. Older fire trucks, according to testimony to the committee, can stall or not start in part because of required emission control technology systems that use diesel exhaust fluid that became required through EPA standards in 2007. The committee stated that it heard testimony that fire engines owned by the volunteer firefighters in the Panhandle have remained susceptible to that problem; however, the committee recommended the pursuit of a federal firefighting exemption for the EPA standards instead of only replacements for the decades-old equipment at risk of the issue.

The report also recommended modification to fire mitigation strategies including increasing funding for fuel load management, such as fire breaks, mob grazing, green zones and prescribed burns, which are all strategies that officials and communities have found effective. The report also suggested promoting and incentivizing the burial of utility lines for new installations and in risk-prone areas, which could provide additional protection against power pole-caused wildfires despite additional costs for installation and maintenance.

The report also directed the Texas Department of Transportation (TxDOT) to study and report on fire mitigation strategies, including planting shorter vegetation on roadsides and more frequently mowing in risk-prone areas. The committee contends in the report that the current TxDOT plan for vegetation management, with notes on preserving wildflowers, creating residual nesting cover and providing for regenerating native grasses and nectar plants "appears to prioritize plant and wildlife preservation over wildfire mitigation."

However, as noted by the Texas A&M AgriLife Extension Service, the National Park Service and other ecological studies, woody species and trees and shrubs that are non-native to the Texas Panhandle and High Plains region tend to offer more wildfire fuel and risk than those native to the prairie. Native perennial grasses for the region are resilient against the wind-blown wildfires of the High Plains as well as drought conditions, which has encouraged multiple growing movements among agencies and communities to use regenerative agricultural strategies and rangeland restoration as another tool for wildfire management and prevention.

The report further noted that testimony during the hearings raised notes that roadsides could benefit from an increase in shorter, native grasses. This aligns with the proposals of multiple agencies, organizations and communities that native plant and wildlife preservation is not something that detracts from wildfire mitigation but instead works to improve it as part of productive environmental stewardship.

Among its other recommendations, the report also suggested that the Texas Railroad Commission revisit its current ranking system used in determining which orphaned oil and gas wells should be plugged, and how quickly, after the end of its productive life or after abandonment by its operator. Changes to those rules could contribute to additional oversight for oil and gas operators in the state, as noted in the report, and decrease the risk of wildfires.

The full 43-page report can be found here, or viewed below.