[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6029 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6029

 To require State and local government approval of prescribed burns on 
       Federal land during conditions of drought or fire danger.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2016

 Mrs. Noem (for herself and Mr. Cramer) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, 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

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                                 A BILL


 
 To require State and local government approval of prescribed burns on 
       Federal land during conditions of drought or fire danger.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescribed Burn Approval Act of 
2016''.

SEC. 2. PRESCRIBED BURN APPROVAL.

    (a) Definitions.--In this section:
            (1) National fire danger rating system.--The term 
        ``national fire danger rating system'' means the national 
        system used to provide a measure of fire danger according to a 
        range of low to moderate to high to very high to extreme.
            (2) Prescribed burn.--The term ``prescribed burn'' means a 
        planned fire intentionally ignited.
    (b) Limitations on Prescribed Burns.--
            (1) In general.--Except as provided in paragraph (2), 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, the national fire danger 
        rating system indicates an extreme fire danger level.
            (2) Exception.--The head of a Federal agency may authorize 
        a prescribed burn under a condition described in paragraph (1) 
        if the head of the Federal agency coordinates with the 
        applicable State government and local fire officials.
            (3) Liability.--
                    (A) In general.--If the head of a Federal agency 
                authorizes a prescribed burn, the United States 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.
                    (B) Damages.--If the United States is determined to 
                be liable for damages under subparagraph (A), the 
                United States shall pay the damages within 120 days of 
                receipt of a substantiated claim.
            (4) Report.--At the end of each fiscal year, the Chief of 
        the Forest Service shall submit to Congress a report 
        describing--
                    (A) the number and locations of prescribed burns 
                during that fiscal year; and
                    (B) each prescribed burn during that fiscal year 
                that was authorized by the head of a Federal agency 
                pursuant to paragraph (2).
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