[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4424 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4424
To direct the Secretary of the Interior and the Secretary of
Agriculture to encourage and expand the use of prescribed fire on land
managed by the Department of the Interior or the Forest Service, with
an emphasis on units of the National Forest System in the western
United States, to acknowledge and support the long-standing use of
cultural burning by Tribes and Indigenous practitioners, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2024
Mr. Wyden (for himself and Mr. Padilla) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior and the Secretary of
Agriculture to encourage and expand the use of prescribed fire on land
managed by the Department of the Interior or the Forest Service, with
an emphasis on units of the National Forest System in the western
United States, to acknowledge and support the long-standing use of
cultural burning by Tribes and Indigenous practitioners, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Prescribed Fire Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--USE OF FUNDS
Sec. 101. Prescribed fire accounts.
Sec. 102. Policies and practices.
Sec. 103. Collaborative prescribed fire program.
TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH
Sec. 201. Cooperative agreements and contracts.
Sec. 202. Human resources.
Sec. 203. Liability of certified prescribed fire managers.
Sec. 204. Prescribed fire claims fund study.
Sec. 205. Environmental review.
Sec. 206. Prescribed fire education program.
TITLE III--REPORTING
Sec. 301. Annual reports to the National Fire Planning and Operations
Database.
Sec. 302. Annual implementation report.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2018, the Forest Service Fire Modeling Institute
determined that 63,070,000 acres of National Forest System land
and 171,200,000 acres of other forest land were at high or very
high risk of experiencing a wildfire that would be difficult to
suppress;
(2) according to the National Interagency Coordination
Center, between 2010 and 2019, in the United States, on
average--
(A) 64,000 wildfires burned 6,847,000 acres
annually; and
(B) 100,000 prescribed fires burned only 3,672,000
acres annually;
(3) indigenous communities have used cultural burning to
manage landscapes since time immemorial;
(4) according to the National Interagency Coordination
Center, the annual cost of suppressing wildfires in a State
with an active prescribed burning program is less than 1
percent of the annual cost of suppressing wildfires in a State
without an active prescribed burning program, despite each
State having the same number of wildfires;
(5) according to a 2021 Environmental Protection Agency
report assessing the air quality and health impacts of
prescribed fire compared to wildfire, smoke impacts from
prescribed fire were found to be smaller in magnitude and
shorter in duration;
(6) according to a 2019 study conducted by Stanford
University, smoke from prescribed fires exposes children to
fewer negative health effects than the detrimental smoke
generated by wildfires;
(7) according to a 2015 study published in Ecology, trees
that have not been burnt by a low-intensity fire are unusually
prone to bark beetle attacks, and between 2000 and 2010, bark
beetles killed the majority of trees on 32,000,000 acres of the
193,000,000 acres of National Forest System land;
(8) as of March 1, 2023, there were--
(A) 38 prescribed fire councils in 34 States; and
(B) 113 prescribed burn associations in 19 States;
(9) according to the 2021 National Prescribed Fire Use
Survey Report--
(A) 41 States regulate prescribed fires by issuing
burn permits;
(B) 23 States offer prescribed burn manager
certification courses to facilitate responsible burning
on private land;
(C) only 5 States (Vermont, Massachusetts,
Missouri, Connecticut, and Rhode Island) lack laws to
reduce liability associated with the responsible use of
prescribed fire; and
(D) only 8 States (Florida, Montana, Nevada,
Colorado, Michigan, Georgia, South Carolina, and
Washington) have laws that use a standard of gross
negligence for determining liabilities for the
responsible use of prescribed fire; and
(10) as of September 30, 2019, 31 States have a formal
process to track the number of acres treated for forestry
purposes using prescribed fire.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(B) units of the National Park System;
(C) units of the National Wildlife Refuge System;
(D) land held in trust by the United States for the
benefit of Indian Tribes or members of an Indian Tribe;
and
(E) National Forest System land.
(2) Landscape-scale prescribed fire plan.--The term
``landscape-scale prescribed fire plan'' means a decision
document prepared pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) that--
(A) covers a unit of the National Forest System, a
Bureau of Land Management district, or a subunit
thereof;
(B) analyzes the site-specific environmental
consequences of prescribed fire on the land described
in subparagraph (A); and
(C) obviates the need for subsequent decisions
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to the unit,
district, or subunit described in subparagraph (A).
(3) National forest system.--
(A) In general.--The term ``National Forest
System'' has the meaning given the term in section
11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusion.--The term ``National Forest System''
does not include the national grasslands and land
utilization projects administered under title III of
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.).
(4) Prescribed fire.--The term ``prescribed fire'' means a
fire deliberately ignited to burn wildland fuels in a natural
or modified state--
(A) under specified environmental conditions that
are intended to allow the fire to be confined to a
predetermined area and produce the fireline intensity
and rate of spread required to attain planned resource
management objectives;
(B) that does not include pile burning; and
(C) in accordance with applicable law, including
applicable regulations.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--USE OF FUNDS
SEC. 101. PRESCRIBED FIRE ACCOUNTS.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to an
account established by this section for the Department of
Agriculture; and
(2) the Secretary, with respect to an account established
by this section for the Department of the Interior.
(b) Establishment of Accounts.--There are established in the
Treasury of the United States the following accounts:
(1) The Prescribed Fire account for the Department of
Agriculture.
(2) The Prescribed Fire account for the Department of the
Interior.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the accounts established by subsection (b) a total of
$300,000,000 for fiscal year 2024 and each fiscal year thereafter.
(d) Presidential Budget Requests.--For fiscal year 2024 and each
fiscal year thereafter, each Secretary concerned shall submit, in the
budget justification materials submitted to Congress in support of the
budget of the relevant Department for each fiscal year (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code)--
(1) a request for amounts in the Wildland Fire Management
appropriation account of the Secretary concerned to carry out
the activities described in subsection (e); and
(2) an accounting of costs with respect to prescribed fire,
by region of the National Forest System or the Department of
the Interior, as applicable, for the previous 3 years,
including--
(A) the amount spent on prescribed fire;
(B) the number of acres treated with prescribed
fire; and
(C) the number of personnel dedicated to carrying
out prescribed fire.
(e) Use of Funds.--
(1) Mandatory activities.--The Secretary concerned shall
use amounts in the accounts established by subsection (b)--
(A) to develop, in coordination with State, local,
and Tribal governments, a prescribed fire operational
strategy for each region of the National Forest System
or the Department of the Interior, as applicable,
specifically for using funding provided through the
Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 429) and other additional sources of
funding, that describes--
(i) the fire deficit by region;
(ii) staffing and funding needs;
(iii) plans to apply prescribed fire; and
(iv) regional targets to demonstrate an
increase in prescribed fire with respect to--
(I) existing programs; and
(II) activities carried out using
additional funding sources;
(B) with respect to prescribed fires--
(i) to carry out necessary environmental
reviews;
(ii) to conduct outreach to the public,
Indian Tribes and beneficiaries, and adjacent
landowners;
(iii) to conduct any required pre-ignition
cultural and environmental surveys; and
(iv) to implement prescribed fires on
Federal land;
(C) to hire additional, dedicated personnel and
procure additional equipment, including unmanned aerial
systems equipped with an aerial ignition system, to
implement a greater number of prescribed fires;
(D) to fund an increase in staffing (including in-
person and hybrid staff) in order to provide training
for the implementation of prescribed fire and
management of smoke;
(E) to conduct post-prescribed fire activities,
such as--
(i) reseeding to prevent the spread of
invasive species; and
(ii) recurring application of fire to
maintain desired conditions;
(F) to conduct monitoring for safety and fire
effects on ecosystem resilience and risk mitigation;
and
(G) to use key performance indicators, including--
(i) the annual number of acres of National
Forest System land or public lands, as
applicable, where completed treatment
effectively mitigates wildfire risk or
maintains or restores ecological integrity with
respect to--
(I) land in the wildland-urban
interface; and
(II) land not in the wildland-urban
interface;
(ii) the number of acres in a desired
condition as a result of fire management
objectives, as determined by the Secretary
concerned;
(iii) the number of acres treated with
prescribed fire and the quantity of emissions
from prescribed fires;
(iv) the number of acres where treatment
results in changes in fire regime condition
class; and
(v) the number of burns conducted by Indian
Tribes or Indigenous-led organizations or
pursuant to an agreement with an Indian Tribe
or Indigenous-led organization.
(2) Joint coordination.--The Secretaries shall coordinate
to jointly develop a common data management and analysis system
for planning and post-treatment accountability.
(3) Authorized activities.--The Secretary concerned may--
(A) assist State, Tribal, local government, or
private prescribed fire programs--
(i) to establish a training or
certification program for teams comprised of
citizens or local fire services to conduct
prescribed fires on private land, consistent
with any standards developed by the National
Wildfire Coordinating Group or State prescribed
fire standards;
(ii) to enable additional fire managers and
apparatus, whether provided by the local
resources of an agency, private contractors,
nongovernmental organizations, Indian Tribes,
local fire services, or qualified individuals,
to assist in implementing a prescribed fire;
(iii) in funding the completion of the
claims funds study under section 204; or
(iv) to finance the implementation of a
prescribed fire on State, Tribal, or private
land and any post-prescribed fire activities as
are determined to be necessary by the Secretary
concerned;
(B) provide technical or financial assistance to a
prescribed fire council or prescribed burn association
for the establishment or operation of the council or
association; and
(C) provide funding for the collaborative
prescribed fire program established under section 103.
(f) Prioritization of Funding.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall coordinate with Federal, State, and local
agencies, Indian Tribes, and nongovernmental organizations,
including through the Wildland Fire Leadership Council, to
establish prioritization criteria for expending funds under
this section for each activity described in subsection (e).
(2) Requirement.--In establishing criteria under paragraph
(1), the Secretary concerned shall give priority to a project
that is--
(A) implemented across a large contiguous area;
(B) cross-boundary in nature;
(C) in an area that is--
(i) threatening to, or located in, the
wildland-urban interface and identified as a
priority area in a statewide forest resource
assessment or Community Wildfire Protection
Plan; or
(ii) identified as important to the
protection of a Tribal trust resource or the
reserved or treaty rights of an Indian Tribe;
(D) on acres at high or very high risk of
experiencing a wildfire that would be difficult to
suppress;
(E) in an area that is designated as critical
habitat and in need of ecological restoration or
enhancement that can be achieved with the aid of
prescribed fire; or
(F) supportive of potential operational
delineations or a strategic response zone.
SEC. 102. POLICIES AND PRACTICES.
Beginning with the first fiscal year that begins after the date of
enactment of this Act, and for each of the 9 fiscal years thereafter,
the Secretaries shall conduct prescribed fires on Federal land such
that the total number and combined size of all prescribed fires on
Federal land is 10 percent greater than the total number and combined
size of all prescribed fires on Federal land in the preceding fiscal
year.
SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
(a) In General.--The Secretary shall establish within the
Department of the Interior a collaborative prescribed fire program
(referred to in this section as the ``program'') to provide financial
assistance to eligible entities, including units of Federal land
management agencies within the Department of Agriculture and the
Department of the Interior, Indian Tribes, State or local governments,
nongovernmental organizations, and prescribed fire councils, for the
implementation of proposals to conduct prescribed fires in priority
landscapes in accordance with applicable existing policies.
(b) Proposal Criteria.--To be eligible for selection for the
program, a proposal shall--
(1) identify and prioritize planned prescribed fires for a
6-year period within a landscape;
(2) establish annual accomplishment targets for prescribed
fires under the proposal;
(3) be developed through a collaborative process;
(4) be implemented across multiple jurisdictions;
(5) provide an estimate of--
(A) the amount of annual Federal financial
assistance necessary to implement the proposal; and
(B) the amount of non-Federal funds that would be
leveraged to implement the proposal;
(6) describe benefits to sensitive wildlife, invertebrate,
and plant species of concern; and
(7) describe any established record of successful
collaborative planning or use of prescribed fire by the entity
submitting the proposal.
(c) Selection Criteria.--Subject to the availability of
appropriations, the Secretary shall select proposals for financial
assistance under the program that, as determined by the Secretary,
would likely treat the most strategic acres at high or very high risk
of experiencing a wildfire that would threaten critical values and be
difficult to suppress.
(d) Limitations.--
(1) Number of projects.--The Secretary may not provide more
than $20,000,000 in total funding under the program in any
fiscal year.
(2) Project funding.--The Secretary may not provide more
than $1,000,000 to any 1 project under the program in any
fiscal year.
(3) Project performance.--The Secretary shall cease funding
any proposal that, for 3 consecutive years, fails to meet the
annual accomplishment targets that were established under
subsection (b)(2).
(e) Experiential Training Exchanges.--Not less frequently than once
every 3 years, a recipient of financial assistance under the program
shall provide to local entities and non-local entities an experiential,
group training event, such as Prescribed Fire Training Exchange,
relating to prescribed fires.
(f) Reporting.--
(1) Project reporting.--A recipient of financial assistance
under the program shall annually submit to the Secretary a
report summarizing, at a minimum--
(A) the number of acres mitigated with prescribed
fire by the recipient under the program;
(B) the amount of Federal and non-Federal funds
used by the recipient under the program; and
(C) the status and progress of any collaborative
relationships associated with the project.
(2) Program reporting.--Not later than 2 years after the
first fiscal year in which funding is made available to carry
out prescribed fires under the program, and every 2 years
thereafter, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report on
the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2033, to remain available until expended.
TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH
SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a State;
(2) an Indian Tribe;
(3) a county or municipal government;
(4) a fire district;
(5) a nongovernmental organization; and
(6) a private entity.
(b) Authorization.--The Secretaries may enter into a cooperative
agreement or contract with an eligible entity to authorize the eligible
entity to coordinate, plan, or conduct a prescribed fire on Federal
land.
(c) Subcontracts.--A State, Indian Tribe, or county that enters
into a cooperative agreement or contract under subsection (b) may enter
into a subcontract, in accordance with applicable contracting
procedures of the State, Indian Tribe, or county, to conduct a
prescribed fire on Federal land pursuant to that cooperative agreement
or contract.
(d) Agent of Secretary.--A cooperative agreement or contract
entered into under subsection (b) may authorize the eligible entity to
serve as the agent for the Secretary or the Secretary of Agriculture in
coordinating, planning, or conducting a prescribed fire--
(1) on Federal land; or
(2) across an area that--
(A) includes adjacent landowners; and
(B) includes Federal land.
(e) Applicable Law.--A prescribed fire conducted under this section
shall be carried out on a project-to-project basis under existing
authorities of the applicable agency responsible for the management of
the Federal land.
(f) Preservation of Decision Authority.--No project authorized
under this section may be undertaken without the prior written approval
of the Secretary or the Secretary of Agriculture.
(g) Long-Term Contracts.--A cooperative agreement or contract with
an eligible entity under subsection (b) may authorize the eligible
entity to conduct a series of prescribed fires on Federal land for a
period of not longer than 10 years.
SEC. 202. HUMAN RESOURCES.
(a) Prescribed Fire Workforce.--
(1) Sense of congress.--It is the sense of Congress that--
(A) in order to develop a prescribed fire
workforce, training in prescribed fire should be
developed with an emphasis on ecological outcomes and
wildfire risk reduction and outside of the parameters
of suppression-oriented training;
(B) the Secretaries should hire additional
employees and provide or support training and
development activities, including through partnerships
with educational institutions, nongovernmental
organizations, States, and Tribal entities, to increase
the number of skilled and qualified practitioners
dedicated to prescribed fire with smoke management
skills;
(C) qualifications or certifications in prescribed
fire should be broad to support an all-hands, all-lands
approach to burning that is respectful of diverse
cultural traditions and other experiential learning;
and
(D) training in prescribed fire may be regionally
focused and should include topics of--
(i) cultural fire history and traditions,
which should be provided by or with the consent
of Indian Tribes or Indigenous-led
organizations;
(ii) fire ecology; and
(iii) smoke management.
(2) Overtime payments.--
(A) Purpose.--The purpose of the amendment made by
subparagraph (B) is to allow the Secretaries to use
additional new budget authority for wildfire
suppression for the cost of overtime payments to
employees implementing a prescribed fire.
(B) Amendment.--Section 251(b)(2)(F)(ii)(II) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(b)(2)(F)(ii)(II)) is amended--
(i) in item (bb), by striking ``and'' at
the end;
(ii) in item (cc), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(dd) overtime payments to
employees (including
individuals employed in
carrying out a contract between
an Indian Tribe and the
Department of Agriculture or
the Department of the Interior)
implementing a prescribed fire
(as defined in section 3 of the
National Prescribed Fire Act of
2024).''.
(3) Increasing workforce retention.--
(A) Purpose.--The purpose of this paragraph is to
require the Secretaries to carry out activities to
retain sufficient workforce to implement prescribed
fires and to remain competitive with other non-Federal
firefighting programs.
(B) Hazard pay.--
(i) In general.--Each Federal employee in
any classification series carrying out work
completed during prescribed fire, as identified
by the Secretaries, shall be entitled to be
paid the appropriate differential under
subsection (d) of section 5545 of title 5,
United States Code, as if such employee was
covered by such subsection.
(ii) Regulations.--The Director of the
Office of Personnel Management may prescribe
regulations to carry out this subparagraph.
(C) Other benefits.--The Secretaries shall
implement measures to promote retention among Federal
wildland firefighters of any classification series
carrying out work related to wildland fire and
prescribed fire, such as portal-to-portal pay,
quarterly bonuses, or other benefits.
(D) Incentive payments for fuels assignments.--To
attract and retain a skilled fuels workforce, the
Secretaries shall implement pay incentives that account
for and offset the more competitive pay options offered
through wildfire suppression assignments, including
such options as bonus pay, per diem payments, or
grading-up fuels positions.
(4) Dedicated prescribed fire task forces.--
(A) In general.--The Secretaries shall--
(i) not later than 180 days after the date
of enactment of this Act, establish at least 1
multiparty task force of Federal employees and
non-Federal entities within each Geographic
Area Coordination Center to plan, lead, and
support prescribed fire across ownership
boundaries that are priorities at the
landscape, region, State, or Federal level; and
(ii) support each task force established
under clause (i) by assigning a dedicated
Federal employee--
(I) to aid necessary administrative
functions relating to partnership
agreements; and
(II) to coordinate prescribed fire
across ownership boundaries.
(B) Term of employment for federal task force
members.--Federal employees assigned under subparagraph
(A) may be hired as permanent, full-time employees
using direct hiring authority by the Secretaries.
(C) Cooperative agreements.--The Secretaries may
enter into 1 or more cooperative agreements to carry
out this paragraph.
(5) Conversion of seasonal firefighters to permanent
employees.--The Secretaries may noncompetitively convert a
Federal seasonal employee to a Federal permanent employee if--
(A) the listed job duties of the employee include
wildland firefighting;
(B) the employee received a rating of at least
``Fully Successful'' in each of the performance
appraisals of the employee for the 5 most recent
seasons of Federal employment of the employee; and
(C) the job duties and performance standards of the
position into which the permanent employee converts
emphasize implementing prescribed fires.
(6) Employment of formerly incarcerated individuals.--
(A) In general.--The Secretaries, in consultation
with the Attorney General and State departments of
corrections, shall seek to provide career pathways,
training, and wraparound support services, including
through partnerships with the Corps Network, to
individuals described in subparagraph (B) to work as
prescribed fire practitioners.
(B) Individuals described.--An individual referred
to in subparagraph (A) is an individual that--
(i) has been convicted in any court of a
criminal offense, other than arson, and was
sentenced to a term of imprisonment for that
offense; and
(ii) during the term of imprisonment
described in clause (i), served on a wildland
firefighting crew or received other comparable
training.
(7) Underrepresented employees.--To further address the
gender disparity in wildland firefighting, the Secretaries
shall support the development and participation of women and
nonbinary individuals pursuant to Executive Order 13988 (42
U.S.C. 2000e note; relating to preventing and combating
discrimination on the basis of gender identity or sexual
orientation) in leadership opportunities, mentorship networks,
and training in prescribed fire, including the Fire Leadership
for Women course and Women-In-Fire Training Exchange and other
related opportunities--
(A) to develop strong leaders;
(B) to increase the number of women overseeing
prescribed fires; and
(C) to enhance the longevity and success of women
in wildland fire management.
(8) Veterans crews.--
(A) In general.--The Secretaries, in consultation
with the Secretary of Veterans Affairs, shall seek--
(i) to provide a career pathway to
individuals described in subparagraph (B) to
work as prescribed fire practitioners; and
(ii) to establish crews composed
predominantly of veterans to conduct prescribed
fires.
(B) Individuals described.--An individual referred
to in subparagraph (A) is an individual who--
(i) served in the active military, naval,
or air service; and
(ii) was discharged or released under
conditions other than dishonorable.
(9) Inter-tribal organizations.--The Secretaries may
provide funding to Tribal, Indigenous-led, and inter-Tribal
organizations, including the Intertribal Timber Council, to
provide training and workforce development opportunities in
wildland fire.
(b) Additional Training Centers.--Subject to the availability of
appropriations, not later than 2 years after the date of enactment of
this Act, the Secretary, in cooperation with the Secretary of
Agriculture (and the Secretary of Defense in the case of a center
located on a military installation), shall--
(1) establish, operate, and facilitate a prescribed fire
training program or center in each Geographic Area Coordination
Center region where such a program or center does not exist on
the date of enactment of this Act;
(2) support the establishment of an Indigenous-led
prescribed fire and cultural burning training center operated
by an Indian Tribe or partnership of Indian Tribes;
(3) establish a virtual prescribed fire training center;
and
(4) establish and operate a training center for managing
wildfire for resource objectives.
(c) Competencies for Firefighters.--
(1) Updates to required competencies for specific
firefighter positions.--The Secretaries, in coordination with
the Fire Executive Council, the National Association of State
Foresters, and the Intertribal Timber Council, shall task the
National Wildfire Coordinating Group to add a requirement for
an individual to obtain the necessary certification to serve
in--
(A) the position of a single-resource boss; and
(B) any other positions determined to be necessary
by the Secretaries.
(2) Additional experience.--The Secretaries shall require
significant additional experience, gained exclusively during a
prescribed fire, to obtain a certification described in
paragraph (1).
(d) Indemnity of Federal and Tribal Employees.--Except in the case
of gross negligence, a Federal employee, an employee contracted by an
Indian Tribe, or an Indian Tribe as a contracting entity, acting
pursuant to a contract under the Indian Self-Determination Act (25
U.S.C. 5321 et seq.) overseeing a prescribed fire, if that prescribed
fire escaped or caused loss or damage--
(1) shall not be subject to criminal prosecution; and
(2) shall not be subject to civil proceedings, except in
accordance with section 2672 of title 28, United States Code.
(e) Indemnity of Other Cooperators.--Except in the case of gross
negligence, an individual or entity involved in a prescribed fire on
Federal land or under Federal authority, if that prescribed fire
escaped or caused loss or damage--
(1) shall not be subject to criminal prosecution; and
(2) shall not be subject to civil proceedings, except in
accordance with section 2672 of title 28, United States Code.
(f) Indemnity for Prescribed Fires.--Except in the case of gross
negligence, an individual or entity involved in a prescribed fire on
any land, if that prescribed fire escaped, caused harm or damage, or
required suppression resources--
(1) shall not be liable for or subject to recovery of
Federal fire suppression costs and costs of investigation
incurred by Federal agencies; and
(2) shall not be liable for monetary damages for loss or
damage to any natural resource or timber values on Federal
land.
(g) Enhancing Interoperability Between Federal and Non-Federal
Practitioners.--
(1) Qualification databases and dispatch systems.--The
Secretaries shall establish a collaborative process to create
mechanisms for non-Federal-agency fire practitioners, including
those without jurisdictional authority, to be included in
wildfire resource ordering and reimbursement processes.
(2) Partnership agreements.--The Secretaries shall--
(A) develop partnership agreements for prescribed
fire with all relevant State, Federal, Tribal,
university, and nongovernmental entities that choose to
be included in resource ordering and reimbursement
processes under paragraph (1);
(B) create agreements and structures necessary to
include non-Federal-agency and other nontraditional
partners in direct work with Federal agencies to
address prescribed fires; and
(C) treat any prescribed fire practitioner meeting
the National Wildfire Coordinating Group standards as
eligible to be included in statewide participating
agreements.
SEC. 203. LIABILITY OF CERTIFIED PRESCRIBED FIRE MANAGERS.
(a) Definition of Covered Law.--In this section, the term ``covered
law'' means a State law that establishes the standard of care in a
civil suit against a certified prescribed fire manager for an escaped
prescribed fire to be ``gross negligence'', if the certified prescribed
fire manager--
(1) obtained a permit for the prescribed fire;
(2) conducted the prescribed fire consistent with a written
prescribed fire plan;
(3) was at the site of the prescribed fire for the duration
of the prescribed fire;
(4) ensured adequate personnel, equipment, and firebreaks
were in place during the prescribed fire, in accordance with
the written prescribed fire plan; and
(5) complied with any applicable Federal, Tribal, State,
and local laws.
(b) Memorandum of Agreement.--Subject to the availability of
appropriations, in accordance with recommendation A3C of the special
report of the Western Governors' National Forest and Rangeland
Management Initiative, dated June 2017, the Secretary may enter into a
memorandum of agreement with the National Governors' Association to
host a conference, at which governors can meet to discuss the benefits
of addressing liability protection and possible incentives for States
to enact a covered law.
(c) Funding.--The Secretary may provide not more than $1,000,000
under the memorandum of agreement under subsection (b).
SEC. 204. PRESCRIBED FIRE CLAIMS FUND STUDY.
(a) Commissioning of Study.--Not later than 1 year after the date
of enactment of this Act, the Secretaries, in coordination with the
Director of the Office of Management and Budget, shall complete a study
of the feasibility, design, and effectiveness of a national prescribed
fire claims fund (or similar mechanism) to increase the pace and scale
of prescribed fire across all lands by multiple users and for multiple
objectives.
(b) Elements.--The study required under subsection (a) shall
include an analysis of the following:
(1) The feasibility at the national level of a claims fund
or other mechanism to supplement, replace, or backstop private
insurance for prescribed fire and adverse smoke impacts.
(2) The design and administration of such a fund.
(3) The effectiveness of a national claims fund or other
mechanism to supplement, replace, or backstop private market
insurance for non-Federal or State government prescribed fire
practitioners.
(4) The eligibility requirements for submission of claims
to such a fund with an emphasis on equity and inclusivity of
all types of prescribed fire practitioners and methods of
practice.
(5)(A) The role and influence of State liability laws on
prescribed fire practitioner liability;
(B) the impact of State liability laws on the availability
and affordability of insurance for prescribed fire; and
(C) how States may be incentivized to enact laws clearly
establishing and reducing practitioner liability for civil
suits and suppression and investigation cost recovery.
SEC. 205. ENVIRONMENTAL REVIEW.
(a) Smoke Management Agencies.--
(1) Policy.--The Secretaries shall ensure that policies,
training, and programs of the Secretaries are consistent with
this subsection--
(A) to facilitate greater use of prescribed fire;
and
(B) to address public health and safety, including
impacts from smoke from wildfires and prescribed fires.
(2) Expenditure of funds.--The Secretaries may expend
funding appropriated for hazardous fuel reduction to mitigate
the impacts of smoke from prescribed fire.
(3) Coordination among federal, tribal, and state air
quality agencies and federal, tribal, and state land management
agencies.--The Administrator of the Environmental Protection
Agency, in cooperation with Federal and State land management
agencies, shall coordinate with State, Tribal, and local air
quality agencies that regulate smoke under the Clean Air Act
(42 U.S.C. 7401 et seq.) to facilitate the use of prescribed
fire on Federal land and State, Tribal, and private land,
including by--
(A) streamlining the decisionmaking process for
approving the use of prescribed fire under a State,
Tribal, or local government smoke management program;
and
(B)(i) promoting basic smoke management practices;
(ii) disseminating information about basic smoke
management practices; and
(iii) educating landowners that use prescribed fire
about the importance of--
(I) using basic smoke management practices;
and
(II) including basic smoke management
practices as a component of a prescribed fire
plan.
(4) Exceptional event demonstrations.--
(A) Requirement to seek exceptional event
demonstration.--Subject to subparagraph (C), the
appropriate State or Tribal air quality agency shall
develop and submit to the Administrator of the
Environmental Protection Agency a demonstration in
accordance with section 50.14 of title 40, Code of
Federal Regulations (or successor regulations), if--
(i) the Secretary, the Secretary of
Agriculture, a State land management agency, or
an Indian Tribe conducts a prescribed fire on
Federal land, Tribally owned fee land, or State
land, as applicable, in accordance with a State
or Tribal smoke management program that
incorporates basic smoke management practices;
and
(ii) the prescribed fire described in
clause (i) contributes to an exceedance or
other violation of a national ambient air
quality standard under section 109 of the Clean
Air Act (42 U.S.C. 7409), as measured using a
Federal reference monitor or an equivalent
method.
(B) Demonstration assistance.--For an exceedance or
other violation described in clause (ii) of
subparagraph (A), the Secretary or Secretary of
Agriculture, with the concurrence of the State or
Tribal air quality agency, shall assist with the
development of the demonstration under that
subparagraph.
(C) Savings provision.--Subparagraph (A) shall not
apply if the exceedance or other violation described in
clause (ii) of that subparagraph is the result of--
(i) a violation of a smoke management
program;
(ii) a failure to use basic smoke
management practices; or
(iii) a violation of permit conditions
relating to the protection of air quality and
public health.
(5) Exemption for large prescribed fires.--
(A) Federal land management agency exemption.--
Consistent with subsection (b) of section 118 of the
Clean Air Act (42 U.S.C. 7418), a prescribed fire
conducted on Federal land by the Secretary or the
Secretary of Agriculture that burns more than 1,000
acres per day shall be deemed to be in the paramount
interest of the United States and shall be exempt from
requirements with respect to the control of pollution
from Federal facilities under that Act (42 U.S.C. 7401
et seq.) if the Secretary or the Secretary of
Agriculture determines that the prescribed fire--
(i) will be conducted in an area where the
terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;
(ii) is necessary to reduce hazardous
fuels;
(iii) will be conducted to minimize smoke
impacts on populated areas through the use of
basic smoke management practices; and
(iv) will be conducted under a smoke
management program, if applicable.
(B) State exemption.--If the Secretary concerned
conducts a prescribed fire that is deemed to be in the
paramount interest of the United States under
subparagraph (A) on Federal land, a prescribed fire
conducted by a State land management agency on State or
private land that is contiguous to that Federal land
shall be exempt from any applicable national ambient
air quality standards under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(C) Tribal exemption.--Consistent with subsection
(b) of section 118 of the Clean Air Act (42 U.S.C.
7418), a prescribed fire conducted on Tribal land by,
or in accordance with an agreement with, an Indian
Tribe that burns more than 1,000 acres per day shall be
deemed to be in the paramount interest of the United
States and shall be exempt from requirements with
respect to the control of pollution from Federal
facilities under that Act (42 U.S.C. 7401 et seq.) if
the Indian Tribe determines that the prescribed fire--
(i) will be conducted in an area where the
terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;
(ii) is necessary to reduce hazardous
fuels;
(iii) will be conducted to minimize smoke
impacts on populated areas through the use of
basic smoke management practices; and
(iv) will be conducted under a smoke
management program, if applicable.
(D) Savings provision.--Consistent with section
118(b) of the Clean Air Act (42 U.S.C. 7418(b))--
(i) an exemption granted under this
paragraph shall apply to the applicable entity
for a period of not more than 1 year; and
(ii) on a new determination of the
Secretary, the Secretary of Agriculture, or an
Indian Tribe under subparagraph (A) or (C), as
applicable, additional exemptions under this
paragraph may be granted for subsequent periods
after the expiration of the exemption described
in clause (i), each of which shall apply for a
period of not more than 1 year.
(6) State and tribal standards.--
(A) Approval of state or tribal standards.--
Notwithstanding section 110 of the Clean Air Act (42
U.S.C. 7410), when approving a State or Tribal
implementation plan under that section, the
Administrator of the Environmental Protection Agency
may not approve any standards with respect to--
(i) preventing nuisance impacts that result
from prescribed fires that incorporate basic
smoke management practices; or
(ii) criteria pollutants that result from
prescribed fires that are more stringent than
what is required to meet the national ambient
air quality standards for those pollutants
under section 109 of that Act (42 U.S.C. 7409),
as measured using a Federal reference monitor
or an equivalent method.
(B) State and tribal enforcement.--A State or an
Indian Tribe may not enforce standards in a State or
Tribal implementation plan that was approved under the
Clean Air Act (42 U.S.C. 7401 et seq.) before the date
of enactment of this Act with respect to--
(i) preventing nuisance impacts that result
from prescribed fires that incorporate basic
smoke management practices; or
(ii) criteria pollutants that result from
prescribed fires that are more stringent than
what is required to meet the national ambient
air quality standards for those pollutants
under section 109 of that Act (42 U.S.C. 7409),
as measured using a Federal reference monitor
or an equivalent method.
(C) Amendment to anti-backsliding provision.--If a
State or Tribal implementation plan under section 110
of the Clean Air Act (42 U.S.C. 7410) is revised to
include a smoke management program for prescribed fires
in that implementation plan, subsection (l) of that
section shall not apply with respect to that revision.
(7) Evaluation.--The Secretary or the Secretary of
Agriculture, as applicable, shall conduct an evaluation to
facilitate learning new approaches for predicting and
preventing exceedances during subsequent prescribed fires if
the Secretary or the Secretary of Agriculture--
(A) conducts a prescribed fire on Federal land--
(i) for which a demonstration is developed
and submitted under paragraph (4)(A); or
(ii) that is subject to an exemption under
paragraph (5)(A); and
(B) the prescribed fire described in subparagraph
(A) contributes to an exceedance of a national ambient
air quality standard under section 109 of the Clean Air
Act (42 U.S.C. 7409).
(8) Programs and research.--To address the public health
and safety risk of the expanded use of prescribed fire under
this Act, the Secretary of Agriculture and the Secretary, in
coordination with the Administrator of the Environmental
Protection Agency and the Director of the Centers for Disease
Control and Prevention, shall conduct research to improve or
develop--
(A) wildland fire smoke prediction models;
(B) smoke impact display tools for the public and
decisionmakers;
(C) appropriate, cost-effective, and consistent
mitigation strategies for communities impacted
adversely by smoke from prescribed fire;
(D) consistent nationally and scientifically
supported messages regarding personal protection
equipment for the public; and
(E) prescribed fire activity tracking and emission
inventory systems for planning and post-treatment
accountability.
(b) Development of Landscape-Scale Federal Prescribed Fire Plans.--
(1) Definition of secretary concerned.--In this subsection,
the term ``Secretary concerned'' means--
(A) the Secretary of Agriculture, with respect to a
unit of the National Forest System; and
(B) the Secretary, with respect to a Bureau of Land
Management district.
(2) Inclusion of landscape-scale prescribed fire plans.--
The Secretary concerned shall, with respect to units of the
National Forest System and Bureau of Land Management districts
with existing prescribed fire programs--
(A) not later than 1 year after the date of
enactment of this Act, determine which of those units
or districts have landscape-scale prescribed fire
plans; and
(B) not later than 2 years after the date of
enactment of this Act--
(i) determine whether each plan described
in subparagraph (A) requires revision;
(ii) establish a schedule for the revision
of each plan described in subparagraph (A) that
requires revision; and
(iii) develop landscape-scale prescribed
fire plans for any units or districts that do
not have landscape-scale fire plans.
(3) Environmental compliance.--In carrying out paragraph
(2), the Secretary concerned shall--
(A) comply with--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(iii) division A of subtitle III of title
54, United States Code; and
(iv) any other applicable laws; and
(B) consider the site-specific environmental
consequences of the landscape-scale prescribed fire
decisions under this subsection.
(4) Collaborative development.--In carrying out paragraph
(2), the Secretary concerned shall collaborate with diverse
actors from academia, the Forest Service and Bureau of Land
Management research and development, nongovernmental
organizations, cultural fire practitioners, and other entities,
as determined appropriate by the Secretary concerned.
(5) Consultation with indian tribes.--The Secretary
concerned shall engage in government-to-government consultation
with Indian Tribes in complying with this subsection.
(6) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
concerned shall submit to Congress a report on the progress of
the Secretary concerned with respect to carrying out this
subsection.
SEC. 206. PRESCRIBED FIRE EDUCATION PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, and the Secretary, acting through the
Director of the Office of Wildland Fire, shall carry out a national
prescribed fire education program focused on fire ecology and
prescribed fire planning and implementation.
(b) Program Elements.--A prescribed fire education program
authorized under subsection (a) may include--
(1) public service advertisements;
(2) the use of social media;
(3) campaign and educational activities and materials;
(4) commercial licensing;
(5) character images and appearances; and
(6) awards and recognition.
TITLE III--REPORTING
SEC. 301. ANNUAL REPORTS TO THE NATIONAL FIRE PLANNING AND OPERATIONS
DATABASE.
(a) Purpose.--The purpose of this section is to ensure an accurate
reporting of annual prescribed fire accomplishments in the United
States.
(b) Cost-Share.--Subject to the availability of appropriations, the
Secretary may provide financial assistance to States to pay a portion
of the costs associated with annually reporting prescribed fire
accomplishments.
(c) Eligibility for Funds.--If, by December 31 of each year, a
State has not reported to the National Fire Planning and Operations
Database, at a minimum, the number of acres mitigated using prescribed
fire in the State, the State shall not be eligible to receive any
amounts made available under this Act for the previous fiscal year.
SEC. 302. ANNUAL IMPLEMENTATION REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretaries shall each submit to Congress a
report on the activities carried out under this Act.
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