114 S1100 IS: Prescribed Burn Approval Act of 2015 U.S. Senate 2015-04-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 114th CONGRESS1st Session S. 1100 IN THE SENATE OF THE UNITED STATES April 27, 2015 Mr. Thune introduced the following bill; which was read twice and referred sequentially to the Committee on Agriculture, Nutrition, and Forestry by unanimous consent with instructions that if the bill is reported by that Committee, the bill be referred to the Committee on Energy and Natural Resources A BILL To require State and local government approval of prescribed burns on Federal land during conditions of drought or fire danger.

1.

Short title

This Act may be cited as the Prescribed Burn Approval Act of 2015.

2.

Definitions

In this Act: (1)

Grassland Fire Danger Index

The term grassland fire danger index means a system for classifying grassland fire danger according to a range of low to moderate to high to very high to extreme, produced by the National Weather Service. (2)

Prescribed burn

The term prescribed burn means a planned fire intentionally ignited or a naturally occurring fire allowed to burn to meet management objectives authorized by law (including regulations).

3.

Limitations on prescribed burns

(a)

In general

Except as provided in subsection (b), the head of a Federal agency shall not authorize a prescribed burn on Federal land if, for the county or contiguous county in which the Federal land is located, any of the following conditions are present: (1)The grassland fire danger index indicates a high, very high, or extreme danger of grassland fire. (2)The Chief of the Forest Service has declared a very high or extreme fire danger. (b)

Exception

The head of a Federal agency may authorize a prescribed burn under a condition described in subsection (a) if the head of the Federal agency obtains prior approval from the applicable State government and local fire officials. (c)

Liability

(1)

In general

A head of a Federal agency that authorizes a prescribed burn shall be liable for any damage to private property caused by the prescribed burn, notwithstanding chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act) or any State law. (2)

Damages

The head of a Federal agency liable for damages under paragraph (1) shall pay the damages within 120 days of receipt of a substantiated claim. (d)

Report

At the end of each fiscal year, the Chief of the Forest Service shall submit to Congress a report describing— (1)the number and locations of prescribed burns during that fiscal year; and (2)each prescribed burn during that fiscal year that was authorized by the head of a Federal agency pursuant to subsection (b).