[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4424 Reported in Senate (RS)]
<DOC>
Calendar No. 624
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
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``National
Prescribed Fire Act of 2024''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--USE OF FUNDS
<DELETED>Sec. 101. Prescribed fire accounts.
<DELETED>Sec. 102. Policies and practices.
<DELETED>Sec. 103. Collaborative prescribed fire program.
<DELETED>TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH
<DELETED>Sec. 201. Cooperative agreements and contracts.
<DELETED>Sec. 202. Human resources.
<DELETED>Sec. 203. Liability of certified prescribed fire managers.
<DELETED>Sec. 204. Prescribed fire claims fund study.
<DELETED>Sec. 205. Environmental review.
<DELETED>Sec. 206. Prescribed fire education program.
<DELETED>TITLE III--REPORTING
<DELETED>Sec. 301. Annual reports to the National Fire Planning and
Operations Database.
<DELETED>Sec. 302. Annual implementation report.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) according to the National Interagency
Coordination Center, between 2010 and 2019, in the United
States, on average--</DELETED>
<DELETED> (A) 64,000 wildfires burned 6,847,000
acres annually; and</DELETED>
<DELETED> (B) 100,000 prescribed fires burned only
3,672,000 acres annually;</DELETED>
<DELETED> (3) indigenous communities have used cultural
burning to manage landscapes since time immemorial;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) as of March 1, 2023, there were--</DELETED>
<DELETED> (A) 38 prescribed fire councils in 34
States; and</DELETED>
<DELETED> (B) 113 prescribed burn associations in 19
States;</DELETED>
<DELETED> (9) according to the 2021 National Prescribed Fire
Use Survey Report--</DELETED>
<DELETED> (A) 41 States regulate prescribed fires by
issuing burn permits;</DELETED>
<DELETED> (B) 23 States offer prescribed burn
manager certification courses to facilitate responsible
burning on private land;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Federal land.--The term ``Federal land''
means--</DELETED>
<DELETED> (A) public lands (as defined in section
103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702));</DELETED>
<DELETED> (B) units of the National Park
System;</DELETED>
<DELETED> (C) units of the National Wildlife Refuge
System;</DELETED>
<DELETED> (D) land held in trust by the United
States for the benefit of Indian Tribes or members of
an Indian Tribe; and</DELETED>
<DELETED> (E) National Forest System land.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) covers a unit of the National Forest
System, a Bureau of Land Management district, or a
subunit thereof;</DELETED>
<DELETED> (B) analyzes the site-specific
environmental consequences of prescribed fire on the
land described in subparagraph (A); and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (3) National forest system.--</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (4) Prescribed fire.--The term ``prescribed fire''
means a fire deliberately ignited to burn wildland fuels in a
natural or modified state--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) that does not include pile burning;
and</DELETED>
<DELETED> (C) in accordance with applicable law,
including applicable regulations.</DELETED>
<DELETED> (5) Secretaries.--The term ``Secretaries'' means--
</DELETED>
<DELETED> (A) the Secretary; and</DELETED>
<DELETED> (B) the Secretary of
Agriculture.</DELETED>
<DELETED> (6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED>TITLE I--USE OF FUNDS</DELETED>
<DELETED>SEC. 101. PRESCRIBED FIRE ACCOUNTS.</DELETED>
<DELETED> (a) Definition of Secretary Concerned.--In this section,
the term ``Secretary concerned'' means--</DELETED>
<DELETED> (1) the Secretary of Agriculture, with respect to
an account established by this section for the Department of
Agriculture; and</DELETED>
<DELETED> (2) the Secretary, with respect to an account
established by this section for the Department of the
Interior.</DELETED>
<DELETED> (b) Establishment of Accounts.--There are established in
the Treasury of the United States the following accounts:</DELETED>
<DELETED> (1) The Prescribed Fire account for the Department
of Agriculture.</DELETED>
<DELETED> (2) The Prescribed Fire account for the Department
of the Interior.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the amount spent on prescribed
fire;</DELETED>
<DELETED> (B) the number of acres treated with
prescribed fire; and</DELETED>
<DELETED> (C) the number of personnel dedicated to
carrying out prescribed fire.</DELETED>
<DELETED> (e) Use of Funds.--</DELETED>
<DELETED> (1) Mandatory activities.--The Secretary concerned
shall use amounts in the accounts established by subsection
(b)--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) the fire deficit by
region;</DELETED>
<DELETED> (ii) staffing and funding
needs;</DELETED>
<DELETED> (iii) plans to apply prescribed
fire; and</DELETED>
<DELETED> (iv) regional targets to
demonstrate an increase in prescribed fire with
respect to--</DELETED>
<DELETED> (I) existing programs;
and</DELETED>
<DELETED> (II) activities carried
out using additional funding
sources;</DELETED>
<DELETED> (B) with respect to prescribed fires--
</DELETED>
<DELETED> (i) to carry out necessary
environmental reviews;</DELETED>
<DELETED> (ii) to conduct outreach to the
public, Indian Tribes and beneficiaries, and
adjacent landowners;</DELETED>
<DELETED> (iii) to conduct any required pre-
ignition cultural and environmental surveys;
and</DELETED>
<DELETED> (iv) to implement prescribed fires
on Federal land;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) to conduct post-prescribed fire
activities, such as--</DELETED>
<DELETED> (i) reseeding to prevent the
spread of invasive species; and</DELETED>
<DELETED> (ii) recurring application of fire
to maintain desired conditions;</DELETED>
<DELETED> (F) to conduct monitoring for safety and
fire effects on ecosystem resilience and risk
mitigation; and</DELETED>
<DELETED> (G) to use key performance indicators,
including--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) land in the wildland-
urban interface; and</DELETED>
<DELETED> (II) land not in the
wildland-urban interface;</DELETED>
<DELETED> (ii) the number of acres in a
desired condition as a result of fire
management objectives, as determined by the
Secretary concerned;</DELETED>
<DELETED> (iii) the number of acres treated
with prescribed fire and the quantity of
emissions from prescribed fires;</DELETED>
<DELETED> (iv) the number of acres where
treatment results in changes in fire regime
condition class; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Joint coordination.--The Secretaries shall
coordinate to jointly develop a common data management and
analysis system for planning and post-treatment
accountability.</DELETED>
<DELETED> (3) Authorized activities.--The Secretary
concerned may--</DELETED>
<DELETED> (A) assist State, Tribal, local
government, or private prescribed fire programs--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) in funding the completion of
the claims funds study under section 204;
or</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) provide funding for the collaborative
prescribed fire program established under section
103.</DELETED>
<DELETED> (f) Prioritization of Funding.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Requirement.--In establishing criteria under
paragraph (1), the Secretary concerned shall give priority to a
project that is--</DELETED>
<DELETED> (A) implemented across a large contiguous
area;</DELETED>
<DELETED> (B) cross-boundary in nature;</DELETED>
<DELETED> (C) in an area that is--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) identified as important to
the protection of a Tribal trust resource or
the reserved or treaty rights of an Indian
Tribe;</DELETED>
<DELETED> (D) on acres at high or very high risk of
experiencing a wildfire that would be difficult to
suppress;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (F) supportive of potential operational
delineations or a strategic response zone.</DELETED>
<DELETED>SEC. 102. POLICIES AND PRACTICES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Proposal Criteria.--To be eligible for selection for
the program, a proposal shall--</DELETED>
<DELETED> (1) identify and prioritize planned prescribed
fires for a 6-year period within a landscape;</DELETED>
<DELETED> (2) establish annual accomplishment targets for
prescribed fires under the proposal;</DELETED>
<DELETED> (3) be developed through a collaborative
process;</DELETED>
<DELETED> (4) be implemented across multiple
jurisdictions;</DELETED>
<DELETED> (5) provide an estimate of--</DELETED>
<DELETED> (A) the amount of annual Federal financial
assistance necessary to implement the proposal;
and</DELETED>
<DELETED> (B) the amount of non-Federal funds that
would be leveraged to implement the proposal;</DELETED>
<DELETED> (6) describe benefits to sensitive wildlife,
invertebrate, and plant species of concern; and</DELETED>
<DELETED> (7) describe any established record of successful
collaborative planning or use of prescribed fire by the entity
submitting the proposal.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Limitations.--</DELETED>
<DELETED> (1) Number of projects.--The Secretary may not
provide more than $20,000,000 in total funding under the
program in any fiscal year.</DELETED>
<DELETED> (2) Project funding.--The Secretary may not
provide more than $1,000,000 to any 1 project under the program
in any fiscal year.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Reporting.--</DELETED>
<DELETED> (1) Project reporting.--A recipient of financial
assistance under the program shall annually submit to the
Secretary a report summarizing, at a minimum--</DELETED>
<DELETED> (A) the number of acres mitigated with
prescribed fire by the recipient under the
program;</DELETED>
<DELETED> (B) the amount of Federal and non-Federal
funds used by the recipient under the program;
and</DELETED>
<DELETED> (C) the status and progress of any
collaborative relationships associated with the
project.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH</DELETED>
<DELETED>SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS.</DELETED>
<DELETED> (a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means--</DELETED>
<DELETED> (1) a State;</DELETED>
<DELETED> (2) an Indian Tribe;</DELETED>
<DELETED> (3) a county or municipal government;</DELETED>
<DELETED> (4) a fire district;</DELETED>
<DELETED> (5) a nongovernmental organization; and</DELETED>
<DELETED> (6) a private entity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) on Federal land; or</DELETED>
<DELETED> (2) across an area that--</DELETED>
<DELETED> (A) includes adjacent landowners;
and</DELETED>
<DELETED> (B) includes Federal land.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 202. HUMAN RESOURCES.</DELETED>
<DELETED> (a) Prescribed Fire Workforce.--</DELETED>
<DELETED> (1) Sense of congress.--It is the sense of
Congress that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) training in prescribed fire may be
regionally focused and should include topics of--
</DELETED>
<DELETED> (i) cultural fire history and
traditions, which should be provided by or with
the consent of Indian Tribes or Indigenous-led
organizations;</DELETED>
<DELETED> (ii) fire ecology; and</DELETED>
<DELETED> (iii) smoke management.</DELETED>
<DELETED> (2) Overtime payments.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) in item (bb), by striking
``and'' at the end;</DELETED>
<DELETED> (ii) in item (cc), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (3) Increasing workforce retention.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Hazard pay.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Regulations.--The Director of
the Office of Personnel Management may
prescribe regulations to carry out this
subparagraph.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Dedicated prescribed fire task forces.--
</DELETED>
<DELETED> (A) In general.--The Secretaries shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) support each task force
established under clause (i) by assigning a
dedicated Federal employee--</DELETED>
<DELETED> (I) to aid necessary
administrative functions relating to
partnership agreements; and</DELETED>
<DELETED> (II) to coordinate
prescribed fire across ownership
boundaries.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Cooperative agreements.--The
Secretaries may enter into 1 or more cooperative
agreements to carry out this paragraph.</DELETED>
<DELETED> (5) Conversion of seasonal firefighters to
permanent employees.--The Secretaries may noncompetitively
convert a Federal seasonal employee to a Federal permanent
employee if--</DELETED>
<DELETED> (A) the listed job duties of the employee
include wildland firefighting;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) the job duties and performance
standards of the position into which the permanent
employee converts emphasize implementing prescribed
fires.</DELETED>
<DELETED> (6) Employment of formerly incarcerated
individuals.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Individuals described.--An individual
referred to in subparagraph (A) is an individual that--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) during the term of
imprisonment described in clause (i), served on
a wildland firefighting crew or received other
comparable training.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to develop strong leaders;</DELETED>
<DELETED> (B) to increase the number of women
overseeing prescribed fires; and</DELETED>
<DELETED> (C) to enhance the longevity and success
of women in wildland fire management.</DELETED>
<DELETED> (8) Veterans crews.--</DELETED>
<DELETED> (A) In general.--The Secretaries, in
consultation with the Secretary of Veterans Affairs,
shall seek--</DELETED>
<DELETED> (i) to provide a career pathway to
individuals described in subparagraph (B) to
work as prescribed fire practitioners;
and</DELETED>
<DELETED> (ii) to establish crews composed
predominantly of veterans to conduct prescribed
fires.</DELETED>
<DELETED> (B) Individuals described.--An individual
referred to in subparagraph (A) is an individual who--
</DELETED>
<DELETED> (i) served in the active military,
naval, or air service; and</DELETED>
<DELETED> (ii) was discharged or released
under conditions other than
dishonorable.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) establish a virtual prescribed fire training
center; and</DELETED>
<DELETED> (4) establish and operate a training center for
managing wildfire for resource objectives.</DELETED>
<DELETED> (c) Competencies for Firefighters.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the position of a single-resource
boss; and</DELETED>
<DELETED> (B) any other positions determined to be
necessary by the Secretaries.</DELETED>
<DELETED> (2) Additional experience.--The Secretaries shall
require significant additional experience, gained exclusively
during a prescribed fire, to obtain a certification described
in paragraph (1).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) shall not be subject to criminal prosecution;
and</DELETED>
<DELETED> (2) shall not be subject to civil proceedings,
except in accordance with section 2672 of title 28, United
States Code.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) shall not be subject to criminal prosecution;
and</DELETED>
<DELETED> (2) shall not be subject to civil proceedings,
except in accordance with section 2672 of title 28, United
States Code.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) shall not be liable for or subject to recovery
of Federal fire suppression costs and costs of investigation
incurred by Federal agencies; and</DELETED>
<DELETED> (2) shall not be liable for monetary damages for
loss or damage to any natural resource or timber values on
Federal land.</DELETED>
<DELETED> (g) Enhancing Interoperability Between Federal and Non-
Federal Practitioners.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Partnership agreements.--The Secretaries
shall--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) treat any prescribed fire practitioner
meeting the National Wildfire Coordinating Group
standards as eligible to be included in statewide
participating agreements.</DELETED>
<DELETED>SEC. 203. LIABILITY OF CERTIFIED PRESCRIBED FIRE
MANAGERS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) obtained a permit for the prescribed
fire;</DELETED>
<DELETED> (2) conducted the prescribed fire consistent with
a written prescribed fire plan;</DELETED>
<DELETED> (3) was at the site of the prescribed fire for the
duration of the prescribed fire;</DELETED>
<DELETED> (4) ensured adequate personnel, equipment, and
firebreaks were in place during the prescribed fire, in
accordance with the written prescribed fire plan; and</DELETED>
<DELETED> (5) complied with any applicable Federal, Tribal,
State, and local laws.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Funding.--The Secretary may provide not more than
$1,000,000 under the memorandum of agreement under subsection
(b).</DELETED>
<DELETED>SEC. 204. PRESCRIBED FIRE CLAIMS FUND STUDY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Elements.--The study required under subsection (a)
shall include an analysis of the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) The design and administration of such a
fund.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5)(A) The role and influence of State liability
laws on prescribed fire practitioner liability;</DELETED>
<DELETED> (B) the impact of State liability laws on the
availability and affordability of insurance for prescribed
fire; and</DELETED>
<DELETED> (C) how States may be incentivized to enact laws
clearly establishing and reducing practitioner liability for
civil suits and suppression and investigation cost
recovery.</DELETED>
<DELETED>SEC. 205. ENVIRONMENTAL REVIEW.</DELETED>
<DELETED> (a) Smoke Management Agencies.--</DELETED>
<DELETED> (1) Policy.--The Secretaries shall ensure that
policies, training, and programs of the Secretaries are
consistent with this subsection--</DELETED>
<DELETED> (A) to facilitate greater use of
prescribed fire; and</DELETED>
<DELETED> (B) to address public health and safety,
including impacts from smoke from wildfires and
prescribed fires.</DELETED>
<DELETED> (2) Expenditure of funds.--The Secretaries may
expend funding appropriated for hazardous fuel reduction to
mitigate the impacts of smoke from prescribed fire.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) streamlining the decisionmaking
process for approving the use of prescribed fire under
a State, Tribal, or local government smoke management
program; and</DELETED>
<DELETED> (B)(i) promoting basic smoke management
practices;</DELETED>
<DELETED> (ii) disseminating information about basic
smoke management practices; and</DELETED>
<DELETED> (iii) educating landowners that use
prescribed fire about the importance of--</DELETED>
<DELETED> (I) using basic smoke management
practices; and</DELETED>
<DELETED> (II) including basic smoke
management practices as a component of a
prescribed fire plan.</DELETED>
<DELETED> (4) Exceptional event demonstrations.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a violation of a smoke
management program;</DELETED>
<DELETED> (ii) a failure to use basic smoke
management practices; or</DELETED>
<DELETED> (iii) a violation of permit
conditions relating to the protection of air
quality and public health.</DELETED>
<DELETED> (5) Exemption for large prescribed fires.--
</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) will be conducted in an area
where the terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;</DELETED>
<DELETED> (ii) is necessary to reduce
hazardous fuels;</DELETED>
<DELETED> (iii) will be conducted to
minimize smoke impacts on populated areas
through the use of basic smoke management
practices; and</DELETED>
<DELETED> (iv) will be conducted under a
smoke management program, if
applicable.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) will be conducted in an area
where the terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;</DELETED>
<DELETED> (ii) is necessary to reduce
hazardous fuels;</DELETED>
<DELETED> (iii) will be conducted to
minimize smoke impacts on populated areas
through the use of basic smoke management
practices; and</DELETED>
<DELETED> (iv) will be conducted under a
smoke management program, if
applicable.</DELETED>
<DELETED> (D) Savings provision.--Consistent with
section 118(b) of the Clean Air Act (42 U.S.C.
7418(b))--</DELETED>
<DELETED> (i) an exemption granted under
this paragraph shall apply to the applicable
entity for a period of not more than 1 year;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) State and tribal standards.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) preventing nuisance impacts
that result from prescribed fires that
incorporate basic smoke management practices;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) preventing nuisance impacts
that result from prescribed fires that
incorporate basic smoke management practices;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) conducts a prescribed fire on Federal
land--</DELETED>
<DELETED> (i) for which a demonstration is
developed and submitted under paragraph (4)(A);
or</DELETED>
<DELETED> (ii) that is subject to an
exemption under paragraph (5)(A); and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) wildland fire smoke prediction
models;</DELETED>
<DELETED> (B) smoke impact display tools for the
public and decisionmakers;</DELETED>
<DELETED> (C) appropriate, cost-effective, and
consistent mitigation strategies for communities
impacted adversely by smoke from prescribed
fire;</DELETED>
<DELETED> (D) consistent nationally and
scientifically supported messages regarding personal
protection equipment for the public; and</DELETED>
<DELETED> (E) prescribed fire activity tracking and
emission inventory systems for planning and post-
treatment accountability.</DELETED>
<DELETED> (b) Development of Landscape-Scale Federal Prescribed Fire
Plans.--</DELETED>
<DELETED> (1) Definition of secretary concerned.--In this
subsection, the term ``Secretary concerned'' means--</DELETED>
<DELETED> (A) the Secretary of Agriculture, with
respect to a unit of the National Forest System;
and</DELETED>
<DELETED> (B) the Secretary, with respect to a
Bureau of Land Management district.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) not later than 2 years after the date
of enactment of this Act--</DELETED>
<DELETED> (i) determine whether each plan
described in subparagraph (A) requires
revision;</DELETED>
<DELETED> (ii) establish a schedule for the
revision of each plan described in subparagraph
(A) that requires revision; and</DELETED>
<DELETED> (iii) develop landscape-scale
prescribed fire plans for any units or
districts that do not have landscape-scale fire
plans.</DELETED>
<DELETED> (3) Environmental compliance.--In carrying out
paragraph (2), the Secretary concerned shall--</DELETED>
<DELETED> (A) comply with--</DELETED>
<DELETED> (i) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);</DELETED>
<DELETED> (ii) the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);</DELETED>
<DELETED> (iii) division A of subtitle III
of title 54, United States Code; and</DELETED>
<DELETED> (iv) any other applicable laws;
and</DELETED>
<DELETED> (B) consider the site-specific
environmental consequences of the landscape-scale
prescribed fire decisions under this
subsection.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Consultation with indian tribes.--The
Secretary concerned shall engage in government-to-government
consultation with Indian Tribes in complying with this
subsection.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 206. PRESCRIBED FIRE EDUCATION PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Program Elements.--A prescribed fire education program
authorized under subsection (a) may include--</DELETED>
<DELETED> (1) public service advertisements;</DELETED>
<DELETED> (2) the use of social media;</DELETED>
<DELETED> (3) campaign and educational activities and
materials;</DELETED>
<DELETED> (4) commercial licensing;</DELETED>
<DELETED> (5) character images and appearances;
and</DELETED>
<DELETED> (6) awards and recognition.</DELETED>
<DELETED>TITLE III--REPORTING</DELETED>
<DELETED>SEC. 301. ANNUAL REPORTS TO THE NATIONAL FIRE PLANNING AND
OPERATIONS DATABASE.</DELETED>
<DELETED> (a) Purpose.--The purpose of this section is to ensure an
accurate reporting of annual prescribed fire accomplishments in the
United States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 302. ANNUAL IMPLEMENTATION REPORT.</DELETED>
<DELETED> 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.</DELETED>
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. Definitions.
TITLE I--USE OF FUNDS
Sec. 101. Definition of prescribed fire.
Sec. 102. Prescribed fire funding.
Sec. 103. Policies and practices.
Sec. 104. Collaborative Prescribed Fire Program.
TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH
Sec. 201. Cooperative agreements and contracts.
Sec. 202. Human resources.
Sec. 203. Liability of 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. DEFINITIONS.
In this Act:
(1) Congressional committees.--The term ``congressional
committees'' means--
(A) the Committee on Energy and Natural Resources,
the Committee on Agriculture, Nutrition, and Forestry,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Natural Resources, the
Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives.
(2) Federal land.--The term ``Federal land'' means--
(A) land under the jurisdiction of the Secretary;
and
(B) National Forest System land.
(3) 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).
(4) 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.).
(5) 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; and
(B) in accordance with applicable law, including
applicable regulations.
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, in the case of land under the
jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, in the case of
land under the jurisdiction of the Secretary of
Agriculture.
TITLE I--USE OF FUNDS
SEC. 101. DEFINITION OF PRESCRIBED FIRE.
(a) In General.--In this title, the term ``prescribed fire'' has
the meaning given the term in section 2.
(b) Exclusion.--In this title, the term ``prescribed fire'' does
not include a fire that is ignited for the primary purpose of pile
burning.
SEC. 102. PRESCRIBED FIRE FUNDING.
(a) Funding Flexibility.--
(1) Department of agriculture.--The Secretary of
Agriculture may use not more than 15 percent of funds
appropriated for each fiscal year for hazardous fuels
management in the National Forest System for activities
described in subsection (b).
(2) Department of the interior.--The Secretary may use not
more than 15 percent of funds appropriated for each fiscal year
for hazardous fuels management and post-fire activities in the
account for wildland fire management of the Department of the
Interior for activities described in subsection (b).
(b) Eligible Activities.--The activities referred to in subsection
(a) are--
(1) with respect to prescribed fires on Federal land, or on
non-Federal land if the Secretary concerned determines that
such activities would benefit resources on Federal land--
(A) entering into procurement contracts or
cooperative agreements for prescribed fire activities;
(B) issuing grants to a State, Tribal government,
local government, prescribed fire council, prescribed
burn association, or nonprofit organization for the
implementation of prescribed fires, including--
(i) carrying out necessary environmental
reviews;
(ii) carrying out any site preparation
necessary for implementing prescribed fires;
and
(iii) conducting any required pre-ignition
cultural and environmental surveys; and
(C) conducting outreach to the public, Indian
Tribes and beneficiaries, and adjacent landowners;
(2) implementing prescribed fires on non-Federal land, if
the Secretary concerned determines that the prescribed fire
would benefit Federal land, including--
(A) carrying out necessary environmental reviews;
(B) carrying out any site preparation necessary for
implementing prescribed fires; and
(C) conducting any required pre-ignition cultural
and environmental surveys;
(3) providing training for prescribed fire and basic smoke
management practices to Federal employees and cooperators;
(4) conducting post-prescribed fire activities, such as
monitoring for hazard trees or reignitions and invasive species
management;
(5) providing technical or financial assistance to a State,
Tribal government, local government, prescribed fire council,
prescribed burn association, or nonprofit organization for the
purpose of providing training for prescribed fire or basic
smoke management practices, consistent with any standards
developed by the National Wildfire Coordinating Group or State
prescribed fire standards;
(6) completing the prescribed fire claims fund study under
section 204; and
(7) providing funding for the applicable Collaborative
Prescribed Fire Program established under section 104.
(c) Prioritization.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall coordinate with the other Secretary concerned,
State and local government agencies, Indian Tribes, and
applicable nongovernmental organizations to establish
prioritization criteria for expending amounts pursuant to
subsection (a) for activities described in paragraphs (2), (5),
(6), and (7) of subsection (b).
(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) within or adjacent to the wildland-
urban interface and identified as a priority
area in a statewide forest action plan 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 land that is 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 strategic response zones.
SEC. 103. POLICIES AND PRACTICES.
(a) Increasing Prescribed Fire.--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 acreage of Federal
land on which prescribed fires are conducted is 10 percent greater than
the total acreage of all Federal land on which prescribed fires were
conducted in the preceding fiscal year.
(b) Operational Strategy.--The Secretary concerned shall 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, that describes--
(1) the fire deficit by region; and
(2) staffing and funding needs to address the fire deficit
under paragraph (1).
SEC. 104. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
(a) In General.--The Secretary concerned, in coordination with the
other Secretary concerned, shall establish a Collaborative Prescribed
Fire Program (referred to in this section as a ``program'') to select
and fund prescribed fire projects (each of which is referred to in this
section as a ``project'') in accordance with--
(1) the prioritization criteria established under section
102(c);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(4) the applicable land use or land management plan; and
(5) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination under
subsection (c), a proposal for a project shall--
(1) be consistent with a landscape restoration strategy--
(A) that is complete or substantially complete;
(B) that identifies and prioritizes prescribed fire
treatments for a 10-year period within a landscape that
is--
(i) at least 50,000 acres;
(ii) composed primarily of forested Federal
land under the jurisdiction of the Secretary
concerned, but may also include other Federal,
State, Tribal, or private land, if a treatment
on that land would benefit the applicable
Federal land;
(iii) in need of--
(I) active ecosystem restoration;
or
(II) maintenance activities to
retain previously treated land in a
wildfire-resilient state;
(C) that incorporates the best available science
and scientific application tools to identify project
areas;
(D) that fully maintains, or contributes toward the
restoration of, the structure and composition of old
growth stands according to the pre-fire suppression old
growth conditions characteristic of the forest type--
(i) taking into account the contribution of
the stand to landscape fire adaptation and
watershed health; and
(ii) retaining the large trees contributing
to old growth structure;
(E) under which would be carried out any forest
restoration treatments that reduce hazardous fuels
through the use of fire for ecological restoration and
maintenance and reestablishing natural fire regimes,
where appropriate, which--
(i) may include site preparation, if
necessary to prepare the landscape for
reestablishment of a natural fire regime; and
(ii) shall maximize the retention of large
trees, as appropriate for the forest type, to
the extent that the trees promote fire-
resilient stands; and
(F) under which--
(i) no permanent roads would be
established; and
(ii) funding would be committed to
decommission all temporary roads constructed to
carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive;
(3) describe plans, as applicable--
(A) to reduce the risk of uncharacteristic
wildfire;
(B) to improve fish and wildlife habitat, including
for endangered, threatened, and sensitive species;
(C) to maintain or improve water quality and
watershed function;
(D) to prevent, remediate, or control invasions of
exotic species;
(E) to maintain, decommission, and rehabilitate
roads and trails;
(F) to report annually on performance, including
setting accomplishment targets for each year;
(G) to take into account any applicable community
wildfire protection plan; and
(H) to mitigate smoke impacts on nearby
communities;
(4) include an analysis of any anticipated cost savings,
including savings resulting from--
(A) a reduced risk of wildfire damages, especially
to high-value resources; and
(B) a decrease in the unit costs of implementing
ecological restoration treatments over time;
(5) include estimates of--
(A) the amount of annual Federal funding necessary
to implement the proposed project; and
(B) the amount of new non-Federal investment for
carrying out the proposed project that would be
leveraged;
(6) describe the collaborative process described in
paragraph (2) through which the proposal was developed,
including a description of--
(A) participation by or consultation with State,
local, and Tribal governments; and
(B) any established record of successful
collaborative planning and implementation of prescribed
fire projects on National Forest System land and other
land included in the proposal by the collaborators;
(7) propose to benefit local economies by providing local
employment or training opportunities through contracts, grants,
or agreements for planning, design, implementation, or
monitoring with--
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or related
partnerships with State, local, and nonprofit youth
groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local
individuals to complete those contracts, grants, or
agreements; and
(8) be subject to any other requirements that the Secretary
concerned determines to be necessary for the efficient and
effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal for a project shall be
submitted to the appropriate Regional Forester, State Director,
or other similar official.
(2) Nomination.--
(A) In general.--An official described in paragraph
(1) may nominate for selection by the Secretary
concerned any proposals received by the official under
that paragraph that meet the eligibility criteria
described in subsection (b).
(B) Concurrence.--In the case of a proposal for a
project that involves activities on the land of both of
the Secretaries concerned, a nomination under
subparagraph (A) shall include the concurrence of the
appropriate official for the applicable land that is
not under the jurisdiction of the official nominating
the proposal.
(3) Other land.--In the case of a proposal for a project
that involves activities on land that is not under the
jurisdiction of either of the Secretaries concerned, a
nomination under subparagraph (A) shall include evidence that
the landowner intends to participate in, and provide
appropriate funding to carry out, the activities.
(d) Selection Process.--
(1) In general.--The Secretary concerned, in consultation
with the other Secretary concerned, shall select for
implementation proposals for projects--
(A) that have been nominated under subsection
(c)(2);
(B) that meet the eligibility criteria described in
subsection (b); and
(C) in accordance with the prioritization criteria
established under section 102(c).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary concerned shall give special consideration to--
(A) the strength of the proposal, including the
landscape restoration strategy described in subsection
(b)(1) of the proposal;
(B) the strength of the ecological case of the
proposal and the proposed ecological restoration
strategies under the proposal;
(C) the strength of the collaborative process
described in subsection (b)(2) through which the
proposal was developed and the likelihood of successful
collaboration throughout implementation;
(D) the extent to which the proposal is likely to
achieve reductions in long-term wildfire risk and
increased protection of high-value resources;
(E) the extent to which an appropriate level of
non-Federal investment would be leveraged in carrying
out the proposed project; and
(F) ensuring geographic diversity of projects
implemented under this section.
(3) Limitation.--The Secretary concerned may select not
more than--
(A) 20 proposals under paragraph (1) to be funded
during any fiscal year; and
(B) the number of proposals under paragraph (1)
that the Secretary concerned determines are likely to
receive adequate funding.
(e) Reporting.--
(1) Project reporting.--A recipient of financial assistance
to carry out a project under the program shall annually submit
to the Secretary concerned a report summarizing, at a minimum--
(A) the number of acres of land treated with
prescribed fire by the recipient under the program; and
(B) the amount of Federal and non-Federal funds
used by the recipient under the program.
(2) Program report.--Not later than 5 years after the first
fiscal year in which funding is made available to carry out
projects under the program, and every 5 years thereafter, the
Secretary concerned shall submit to the congressional
committees a report on the program, including an assessment of
whether, and to what extent, the program is fulfilling the
purposes of this section.
(f) Limitations.--
(1) Total funding.--The Secretary concerned shall not
provide more than $20,000,000 in total funding for projects
under the program in any fiscal year.
(2) Project size limitation.--The Secretary concerned shall
not provide more than $1,000,000 for any 1 project under the
program in any fiscal year.
(3) Project sunset.--The Secretary concerned shall not
provide funding for a project under the program for a period of
more than 10 fiscal years.
(4) Project cancellation.--The Secretary concerned shall
cease funding any project under the program that, for 3
consecutive years, fails to meet the annual accomplishment
targets set under subsection (b)(3)(F).
(g) Funding.--Of the amounts made available under section 102(a),
the Secretary concerned may use to carry out this section not more than
$10,000,000 for each of fiscal years 2025 through 2034.
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 Secretary concerned 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 in accordance with other applicable laws, regulations,
and land management plans.
(c) Subcontracts.--The Secretary concerned may authorize a State,
an Indian Tribe, or a county that enters into a cooperative agreement
or contract under subsection (b) to enter into a subcontract to conduct
a prescribed fire on Federal land pursuant to that cooperative
agreement or contract, subject to any other terms and conditions that
the Secretary concerned determines to be appropriate.
(d) 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) Increasing workforce retention.--
(A) Hazard pay.--
(i) In general.--Each Federal employee in
any classification series, 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, when such employee carries out work
directly related to the ignition, management,
and control of a prescribed fire.
(ii) Regulations.--The Director of the
Office of Personnel Management shall prescribe
regulations to carry out this subparagraph.
(B) Incentive payments for fuels assignments.--The
Secretaries shall submit to the congressional
committees a joint report describing mechanisms to
attract and retain a skilled fuels workforce, including
pay incentives that would account for and offset the
more competitive pay options offered through wildfire
suppression assignments.
(2) 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) Cooperative agreements.--The Secretaries may
enter into 1 or more cooperative agreements to carry
out this paragraph.
(3) 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 3 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.
(4) 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 or a violent
crime (as defined by the Secretaries, in
consultation with the Attorney General and
State departments of corrections), 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.
(5) Underrepresented employees.--The Secretaries shall
support the development and participation of underrepresented
groups, as determined by the Secretaries, in the wildland fire
workforce, including by fostering leadership opportunities,
mentorship networks, and training.
(6) 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.
(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 that offers training in prescribed
fire within each Geographic Area Coordination Center region
where such a program or center does not exist on the date of
enactment of this Act; and
(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.
(c) Competencies for Firefighters.--The Secretaries, in
coordination with the Fire Executive Council, shall task the National
Wildfire Coordinating Group with the duty to adjust training
requirements to obtain a certification to serve in a supervisory role
for a prescribed fire and any other positions determined to be
necessary by the Secretaries--
(1) in order to reduce the time required to obtain such a
certification; and
(2) such that significant experience, gained exclusively
during a prescribed fire, is required to obtain such a
certification.
(d) 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 to be
included in prescribed fire and 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 PRESCRIBED FIRE MANAGERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity'' means
an activity carried out on Federal land directly related to a
wildland fire, prescribed fire, or prescribed fire with
cultural objectives in the course of executing a Federal
action.
(2) Covered entity.--The term ``covered entity'' means a
non-Federal entity engaged in a covered activity, if that non-
Federal entity is acting--
(A) under the direct supervision of a Federal
employee; and
(B) within the scope of a contract or agreement in
carrying out that covered activity.
(3) Covered law.--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--
(A) obtained a permit for the prescribed fire;
(B) conducted the prescribed fire consistent with a
written prescribed fire plan;
(C) was at the site of the prescribed fire for the
duration of the prescribed fire;
(D) ensured adequate personnel, equipment, and
firebreaks were in place during the prescribed fire, in
accordance with the written prescribed fire plan; and
(E) complied with any applicable Federal, Tribal,
State, and local laws.
(b) Memorandum of Agreement.--
(1) In general.--Subject to the availability of
appropriations, 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.
(2) Funding.--The Secretary may provide not more than
$1,000,000 under the memorandum of agreement under paragraph
(1).
(c) Indemnity of Federal and Tribal Employees.--The Secretaries, in
coordination with the Attorney General, shall develop a voluntary
training course for employees involved in covered activities
describing--
(1) liability protections afforded to those employees when
acting within the scope of their employment;
(2) the limits on any liability protections under paragraph
(1); and
(3) reimbursements available for qualified employees for
professional liability insurance under section 636 of division
A of Public Law 104-208 (5 U.S.C. prec. 5941 note).
(d) Indemnity of Other Cooperators.--
(1) In general.--Beginning on the date of enactment of this
Act, a covered entity shall be considered an employee of the
Federal Government for purposes of chapter 171 of title 28,
United States Code (commonly known as the ``Federal Tort Claims
Act''), while that covered entity is engaged in covered
activities.
(2) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretaries, in consultation with
the Attorney General, shall issue guidance on the necessary
provisions and implementation requirements for contracts or
agreements that would extend liability protections to covered
entities under paragraph (1).
(3) Reimbursement.--Beginning in the first fiscal year that
begins after the date of enactment of this Act, the Secretaries
shall request, through annual appropriations, funds sufficient
to reimburse the Treasury for any claims paid in the prior
fiscal year pursuant to paragraph (1).
(e) Effect.--Nothing in this section shall be construed to limit or
otherwise affect--
(1) the application of any statutory or judicial immunity
to Federal employees;
(2) the application of the chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims Act'')
to Federal employees; or
(3) the application of section 314 of Public Law 101-512
(25 U.S.C. 5321 note).
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) Coordination among federal, tribal, and state air
quality agencies and federal, tribal, and state land management
agencies.--To facilitate the use of prescribed fire on Federal,
State, Tribal, and private land, 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.)--
(A) to the maximum extent practicable, to provide
State, Tribal, and local air quality agencies with
guidance, data, imagery, or modeling to support the
development of exceptional event demonstrations in
accordance with sections 50.14 and 51.930 of title 40,
Code of Federal Regulations (or successor regulations);
(B) to develop archives and automated tools to
provide State, Tribal, and local air quality agencies
with the data, imagery, and modeling under subparagraph
(A);
(C) to develop decision support tools for State,
Tribal, and local air quality agencies to assist in
determining whether an exceptional event demonstration,
if the Administrator of the Environmental Protection
Agency concurs with such demonstration, would have
regulatory significance;
(D) to provide technical assistance, best
practices, or templates to States, Indian Tribes, and
local governments for the use of the State, Indian
Tribe, or local government in approving the use of
prescribed fire under a State, Tribal, or local
government smoke management program;
(E)(i) to promote basic smoke management practices
and other best practices to protect the public from
wildland fire smoke;
(ii) to disseminate information about basic smoke
management practices;
(iii) to educate 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; and
(iv) to share information with the public, in
coordination with other public health agencies, about
measures that individuals can take to protect
themselves from wildland fire smoke; and
(F) to develop guidance and tools to streamline the
demonstration of a clear causal relationship between
prescribed fire smoke and a related exceedance of a
national ambient air quality standard.
(3) Exceptional event demonstrations.--
(A) In general.--The appropriate State or Tribal
air quality agency (including any local air quality
agency delegated authority by a State) may develop and
submit to the Administrator of the Environmental
Protection Agency an exceptional event demonstration in
accordance with sections 50.14 and 51.930 of title 40,
Code of Federal Regulations (or successor regulations),
for a prescribed fire.
(B) Approval.--The Administrator of the
Environmental Protection Agency shall concur with an
exceptional event demonstration submitted under
subparagraph (A) in accordance with the requirements of
sections 50.14 and 51.930 of title 40, Code of Federal
Regulations (or successor regulations), including that
the applicable prescribed fire was not reasonably
controllable or preventable and that the applicable
prescribed fire was a human activity unlikely to recur,
if the State or Tribal air quality agency demonstrates
in that exceptional event demonstration that, at a
minimum, the applicable prescribed fire was--
(i) conducted in accordance with a State or
Tribal smoke management program or basic smoke
management practices; and
(ii) consistent with a land or resource
management plan with a stated objective to
establish, restore, or maintain a sustainable
and resilient ecosystem.
(C) Demonstration assistance for federal land.--For
any prescribed fire conducted on Federal land, the
Secretary concerned--
(i) shall assist with the development of an
exceptional event demonstration under
subparagraph (A) on request of a State or
Tribal air quality agency; and
(ii) may develop and submit an exceptional
event demonstration under subparagraph (A) with
the concurrence of the applicable State or
Tribal air quality agency.
(4) Programs and research.--To address the public health
and safety risk of the expanded use of prescribed fire under
this Act, the Secretaries, 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
strategies to mitigate the impacts of smoke from
prescribed fire on nearby communities;
(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) 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 prescribed fire plans.
(2) Environmental compliance.--In carrying out paragraph
(1), 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.
(3) Collaborative development.--In carrying out paragraph
(1), 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.
(4) Consultation with indian tribes.--The Secretary
concerned shall engage in government-to-government consultation
with Indian Tribes in complying with this subsection.
(5) 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 Secretaries 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 (or a successor database), at a minimum, the number of acres
on which uncharacteristic wildfire risk is effectively 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 the
congressional committees a report on the activities carried out under
this Act.
Calendar No. 624
118th CONGRESS
2d Session
S. 4424
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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.
_______________________________________________________________________
November 21, 2024
Reported with an amendment