; (II) as a result of that investigation, the Secretary concerned determines that negligent or deliberate behavior by the State or the holder of the grazing permit, as applicable, contributed to the wildfire; and (III) the Secretary concerned is able— (aa) to provide to the State or the holder of the grazing permit, as applicable, an itemized list of damages; and (bb) to ask for payment of those damages from the applicable bond or insurance. (ii) Disputes If a State or the holder of a grazing permit disagrees with a determination of the Secretary concerned under subclause (II) of clause (i) or the valuation, as determined by the Secretary concerned, of any damages identified by the Secretary concerned under subclause (III) of that clause, the Secretary concerned may— (I) negotiate with the State or holder; or (II) file an action for damages in an appropriate district court of the United States against the State or holder. (C) Effect Nothing in this paragraph exempts any individual or entity from any monetary or other penalty due to criminal or negligent behavior. (8) State advisory commission (A) In general A Governor of a State that enters into a cooperative agreement shall establish a commission to advise the Governor on— (i) the substance and terms of the cooperative agreement; and (ii) any matters relating to carrying out the cooperative agreement. (B) Membership A State commission shall be comprised of 14 members, of whom— (i) 11 shall be appointed by the Governor of the applicable State, of whom— (I) 3 shall be holders of 1 or more grazing permits or leases in the State, each of whom, to the maximum extent practicable, represent a different industry; (II) 1 shall be a representative of the State department of agriculture (or any substantially similar State agency); (III) 1 shall be a representative of the State department of wildlife (or any substantially similar State agency); (IV) 1 shall be a representative of a nationally or regionally recognized agricultural organization