[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3889 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3889
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 and
southeastern United States, to acknowledge and support the long-
standing use of cultural burning by Indian Tribes and Indigenous
practitioners, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2025
Ms. Schrier (for herself and Mr. Valadao) introduced the following
bill; which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, and Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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 and
southeastern United States, to acknowledge and support the long-
standing use of cultural burning by Indian Tribes and Indigenous
practitioners, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Prescribed Fire Act of 2025''.
(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. Environmental review.
Sec. 205. Prescribed fire education program.
TITLE III--REPORTING
Sec. 301. Annual reports to 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 of
such a unit or district;
(B) analyzes the site-specific environmental
consequences of prescribed fire on 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) Exclusions.--The term ``National Forest
System'' does not include the national grasslands or
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
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) Description of 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 or 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 to Federal employees and cooperators training
for prescribed fire and basic smoke management practices;
(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; and
(6) 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),
and (6) 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 during 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 the ``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) not less than 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; and
(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
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 Secretary 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,
with respect to the year covered by the report--
(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 describing 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) Underutilized employees.--The Secretaries shall support
the recruitment, development, and participation of
underutilized employees, 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
applicable 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.
(b) Indemnity of Federal and Tribal Employees.--The Secretaries, in
coordination with the Attorney General, shall develop, for employees
involved in covered activities, a voluntary training course
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).
(c) Indemnity of Other Cooperators.--
(1) In general.--Beginning on the date of enactment of this
Act, a covered entity shall be considered to be 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 during the prior
fiscal year pursuant to paragraph (1).
(d) Effect.--Nothing in this section limits or otherwise affects--
(1) the application of any statutory or judicial immunity
to Federal employees;
(2) the application of 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. 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 use 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 with the public, in coordination with
other public health agencies, information 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 or 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, Forest Service and Bureau of Land
Management research and development programs, 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 describing the
progress of the Secretary concerned with respect to carrying
out this subsection.
SEC. 205. 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 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 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 to the National Fire
Planning and Operations Database (or a successor database) the
prescribed fire accomplishments of the State.
(c) Eligibility for Funds.--If, by December 31 of a calendar year,
a State has not submitted to the National Fire Planning and Operations
Database (or a successor database) a report describing, 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 describing the activities carried out
under this Act.
<all>