[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3442 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3442
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, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Ms. Schrier (for herself, Mr. Simpson, and Mr. Schrader) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Agriculture, Energy and
Commerce, and the Budget, 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
United States, 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 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--USE OF FUNDS
Sec. 101. Prescribed fire accounts.
Sec. 102. Policies and practices.
Sec. 103. Collaborative prescribed fire program.
Sec. 104. Large cross-boundary prescribed fire incentive program.
TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH
Sec. 201. Cooperative agreements and contracts.
Sec. 202. Human resources.
Sec. 203. Liability of certified prescribed fire managers.
Sec. 204. Environmental review.
Sec. 205. Prescribed fire education program.
TITLE III--REPORTING; TERMINATION
Sec. 301. Annual reports to the National Fire Planning and Operations
Database.
Sec. 302. Termination date.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2018, the Forest Service Fire Modeling Institute
determined that 63,070,000 acres of National Forest System land
and 171,200,000 acres of other forest land were at high or very
high risk of experiencing a wildfire that would be difficult to
suppress;
(2) according to the National Interagency Coordination
Center, between 2009 and 2018, in the United States, on
average--
(A) 67,000 wildfires burned 7,000,000 acres
annually; and
(B) 86,345 prescribed fires burned only 3,000,000
acres annually;
(3) indigenous communities have used controlled burns to
manage landscapes since time immemorial;
(4) according to the National Interagency Coordination
Center, the annual cost of suppressing wildfires in a State
with an active prescribed burning program is less than 1
percent of the annual cost of suppressing wildfires in a State
without an active prescribed burning program, despite each
State having the same number of wildfires;
(5) according to a 2017 study published in the Journal of
Forestry, on a given acre, a prescribed fire burning in April
or May produces less than \1/5\ of the smoke emissions of a
wildfire that would burn on that acre in August;
(6) according to a 2019 study conducted by Stanford
University, smoke from prescribed fires exposes children to
fewer negative health effects than the detrimental smoke
generated by wildfires;
(7) according to a 2015 study published in Ecology, trees
that have not been burnt by a low-intensity fire are unusually
prone to bark beetle attacks, and between 2000 and 2010, bark
beetles killed the majority of trees on 32,000,000 acres of the
193,000,000 acres of National Forest System land;
(8) as of September 30, 2019, there were--
(A) 37 prescribed fire councils in 33 States; and
(B) 64 prescribed burn associations in 11 States;
(9) according to the 2018 National Prescribed Fire Use
Survey Report--
(A) 37 States regulate prescribed fires by issuing
burn permits;
(B) 23 States offer prescribed burn manager
certification courses to facilitate responsible burning
on private land;
(C) only 5 States (Vermont, Massachusetts,
Missouri, Connecticut, and Rhode Island) lack laws to
reduce liability associated with the responsible use of
prescribed fire; and
(D) only 8 States (Florida, Montana, Nevada,
Colorado, Michigan, Georgia, South Carolina, and
Washington) have laws that use a standard of gross
negligence for determining liabilities for the
responsible use of prescribed fire; and
(10) as of September 30, 2019, 31 States have a formal
process to track the number of acres treated for forestry
purposes using prescribed fire.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) public land (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(B) units of the National Park System;
(C) units of the National Wildlife Refuge System;
(D) land held in trust by the United States for the
benefit of Indian Tribes or members of an Indian Tribe;
and
(E) land in the National Forest System.
(2) National forest system.--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)).
(3) 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
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.
(4) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
TITLE I--USE OF FUNDS
SEC. 101. PRESCRIBED FIRE ACCOUNTS.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to an
account established by this section for the Department of
Agriculture; and
(2) the Secretary, with respect to an account established
by this section for the Department of the Interior.
(b) Establishment of Accounts.--There are established in the
Treasury of the United States the following accounts:
(1) The Prescribed Fire account for the Department of
Agriculture.
(2) The Prescribed Fire account for the Department of the
Interior.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2022 and each fiscal year thereafter for
the accounts established by subsection (b) such sums as are necessary
to carry out this section, not to exceed $300,000,000.
(d) Presidential Budget Requests.--For fiscal year 2023 and each
fiscal year thereafter, each Secretary concerned shall submit, through
the budget request of the President, a request for amounts in the
Wildland Fire Management appropriation account of the Secretary
concerned to carry out the activities described in subsection (e).
(e) Authorized Activities.--The Secretary concerned shall use
amounts in the accounts established by subsection (b) as follows:
(1) The Secretary concerned shall--
(A) develop a prescribed fire plan, carry out
necessary environmental review, conduct outreach to the
public, Indian Tribes, and adjacent landowners, and
implement a prescribed fire on Federal land;
(B) hire additional personnel and procure
additional equipment, including unmanned aerial systems
equipped with an aerial ignition system, to implement a
greater number of prescribed fires;
(C) provide training for the implementation of a
prescribed fire;
(D) conduct post-prescribed fire activities,
including reseeding to prevent the spread of invasive
species; and
(E) conduct monitoring for safety and fire effects.
(2) The Secretaries shall coordinate to jointly develop a
common data management and analysis system for planning and
post-treatment accountability.
(3) The Secretary concerned may assist State, Tribal, local
government, or private prescribed fire programs--
(A) to provide federally sponsored insurance
administered by States, in conjunction with State-
sponsored training and certification programs, for
private persons implementing prescribed fires;
(B) 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;
(C) 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 be present while implementing
a prescribed fire;
(D) pursuant to the memorandum of agreement
authorized under section 203; or
(E) 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.
(4) The Secretary concerned may provide technical or
financial assistance to a prescribed fire council or prescribed
burn association for the establishment or operation of the
council or association.
(5) The Secretary may provide funding for the collaborative
prescribed fire program established under section 103.
(6) The Secretary may provide funding for the large cross-
boundary prescribed fire program established under section 104.
(f) Prioritization of Funding.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall coordinate with Federal, State, and local
agencies, Indian Tribes, and qualified nongovernmental
organizations, including through the Wildland Fire Leadership
Council, to establish prioritization criteria for expending
funds under this section for each activity described in
subsection (e).
(2) Requirement.--In establishing criteria under paragraph
(1), the Secretary concerned shall give priority to a project
that is--
(A) implemented across a large contiguous area;
(B) cross-boundary in nature;
(C) in an area that is threatening to, or located
in, the wildland-urban interface;
(D) in an area identified as a priority area in a
statewide forest resource assessment;
(E) on acres at high or very high risk of
experiencing a wildfire that would be difficult to
suppress;
(F) in an area that is designated as critical
habitat and in need of ecological restoration or
enhancement; or
(G) supportive of potential operational
delineations or a strategic response zone.
SEC. 102. POLICIES AND PRACTICES.
(a) In General.--The Secretaries shall significantly increase the
number and size of prescribed fires conducted on Federal land.
(b) Use of Funds for Prescribed Fires.--From amounts appropriated
to carry out the activity described in section 101(e)(1), the
Secretaries may carry out prescribed fires on not more than 20,000,000
acres of Federal land per year.
(c) Requiring Minimum Acreage.--Subject to the availability of
appropriations, the Secretaries shall carry out prescribed fires
annually on at least 1,000,000 acres of Federal land.
(d) Increase in Familiarity With Prescribed Fires in Local Units.--
Subject to the availability of appropriations, not later than September
30, 2023, the Secretaries shall each have carried out a minimum of 1
prescribed fire on each unit of the National Forest System, unit of the
National Wildlife Refuge System, unit of the National Park System, and
Bureau of Land Management district under the jurisdiction of the
Secretaries--
(1) that includes an area that--
(A) has a historical low-severity fire regime;
(B) has a historical fire-return interval of not
more than 35 years; and
(C) is larger than 100 acres; and
(2) less than 50 percent of the land of which was burned by
a wildland fire during the previous 10-year period.
SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
(a) In General.--The Secretary shall establish within the
Department of the Interior a collaborative prescribed fire program
(referred to in this section as the ``program'') to provide financial
assistance to eligible entities, including units of Federal land
management agencies, Indian Tribes, and prescribed fire councils, for
the implementation of proposals for the conduct of prescribed fires in
priority landscapes in accordance with applicable existing policies,
including the National Cohesive Wildland Fire Management Strategy.
(b) Proposal Criteria.--To be eligible for selection for the
program, a proposal shall--
(1) identify and prioritize planned prescribed fires for a
6-year period within a landscape;
(2) establish annual accomplishment targets for prescribed
fires under the proposal;
(3) be developed through a collaborative process;
(4) be implemented across multiple jurisdictions;
(5) provide an estimate of--
(A) the amount of annual Federal financial
assistance necessary to implement the proposal; and
(B) the amount of non-Federal funds that would be
leveraged;
(6) describe benefits to sensitive wildlife species of
concern; and
(7) describe any established record of successful
collaborative planning or use of prescribed fire by the
eligible entity.
(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 use the least amount of Federal funding to treat the most
acres at high or very high risk of experiencing a wildfire that would
be difficult to suppress.
(d) Limitations.--
(1) Number of projects.--The Secretary may select not more
than 20 proposals to be funded under the program in any fiscal
year.
(2) Project funding.--The Secretary may not provide more
than $1,000,000 of Federal funds under the program to any 1
project in a fiscal year.
(3) Project performance.--The Secretary shall cease funding
any proposal that, for 3 consecutive years, fails to meet the
annual accomplishment targets that were established under
subsection (b)(2).
(e) Prescribed Fire 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
experiential training relating to prescribed fires.
(f) Reporting.--
(1) Project reporting.--A recipient of financial assistance
under the program shall annually submit to the Secretary a
report summarizing, at a minimum--
(A) the numbers of acres 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 reporting.--Not later than 2 years after the
first fiscal year in which funding is made available to carry
out prescribed fires under the program, and every 2 years
thereafter, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report on
the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 through 2031, to remain available until expended.
SEC. 104. LARGE CROSS-BOUNDARY PRESCRIBED FIRE INCENTIVE PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall establish an incentive program to encourage the
implementation of large, cross-boundary prescribed fires by providing
incentive payments for conducting a qualified prescribed fire.
(b) Qualified Prescribed Fires.--
(1) Criteria.--A qualified prescribed fire under the
program under this section is a prescribed fire that--
(A) occurred on not less than 2 parcels of land
that were under different ownership;
(B) had a target area identified in a prescribed
fire plan of not less than 50,000 acres; and
(C) is on land under Federal, State, or local
government ownership.
(2) Multiple fires.--The Secretary may consider a series of
prescribed fires conducted within 1 fiscal year by the same 1
or more entities to be a qualified prescribed fire under the
program under this section if the series of fires collectively
meet the criteria under paragraph (1).
(c) Payments.--
(1) State and county incentive payments.--The Secretary
shall make payments to the State and county in which a
qualified prescribed fire was implemented in an amount not
greater than $100,000.
(2) National forest system land.--In the case of each
qualified prescribed fire on a unit of the National Forest
System, the Secretary shall transfer to the Secretary of
Agriculture, acting through the Chief of the Forest Service, an
amount not greater than $100,000, which shall be used for that
unit of the National Forest System.
(3) Other federal land.--In the case of each qualified
prescribed fire on land under the jurisdiction of the
Secretary, the Secretary shall increase the funding allocation
to the agency of the Department of the Interior that manages
the land in an amount not greater than $100,000.
(4) Indian country.--In the case of each qualified
prescribed fire in Indian country (as defined in section 1151
of title 18, United States Code), the Secretary shall make a
payment to the applicable Indian Tribe in an amount not greater
than $100,000.
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 a State, an Indian Tribe, a county or
municipal government, a fire district, a nongovernmental organization,
including the Nature Conservancy, or a private entity.
(b) Authorization.--The Secretaries may enter into a cooperative
agreement or contract with an eligible entity to authorize the eligible
entity to coordinate, plan, or conduct a prescribed fire on Federal
land.
(c) Subcontracts.--A State, Indian Tribe, or county that enters
into a cooperative agreement or contract under subsection (b) may enter
into a subcontract, in accordance with applicable contracting
procedures of the State, Indian Tribe, or county, to conduct a
prescribed fire on Federal land pursuant to that cooperative agreement
or contract.
(d) Agent of Secretary.--A cooperative agreement or contract
entered into under subsection (b) may authorize the eligible entity to
serve as the agent for the Secretary or the Secretary of Agriculture in
coordinating, planning, or conducting a prescribed fire--
(1) on Federal land; or
(2) across an area that--
(A) includes adjacent landowners; and
(B) includes Federal land.
(e) Indemnity Requirements.--Each eligible entity contracted for
implementing a prescribed fire shall procure and maintain sufficient
indemnity insurance during the entire period of performance under the
cooperative agreement or contract entered into under this section.
(f) 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.
(g) 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.
(h) 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) Training.--The Secretaries shall hire additional
employees and provide training and development activities,
including through partnerships with community colleges, to
increase the number of skilled and qualified prescribed fire
practitioners in the Department of the Interior, the Department
of Agriculture, Indian Tribes, and other qualified
organizations, including training in smoke management
practices.
(2) Temporary workers.--
(A) In general.--The Director of the Office of
Personnel Management shall provide to the Secretaries
direct hire authority in accordance with section
3304(a)(3) of title 5, United States Code, to appoint
qualified individuals to positions performing temporary
or emergency work relating to prescribed fires,
including training, implementation, and post-prescribed
burning activities.
(B) Term of employment.--The term of the
appointment of an individual under subparagraph (A)
shall be restricted to a period that--
(i) begins not more than 72 hours prior to
planned ignition; and
(ii) ends not more than 72 hours after the
prescribed fire has stopped burning.
(3) Overtime payments.--
(A) Purpose.--The purpose of the amendment made by
subparagraph (B) is to allow the Secretaries to use
additional new budget authority for wildfire
suppression for the cost of overtime payments to
employees implementing a prescribed fire.
(B) Amendment.--Section 251(b)(2)(F)(ii)(II) of the
Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(b)(2)(F)(ii)(II)) is amended--
(i) in item (bb), by striking ``and'' at
the end;
(ii) in item (cc), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(dd) overtime payments to
employees implementing a
prescribed fire (as defined in
section 3 of the National
Prescribed Fire Act of
2021).''.
(4) Dedicated prescribed fire crews.--
(A) In general.--The Secretaries shall establish
not fewer than 1 crew of Federal employees the primary
responsibility of which is implementing prescribed
fires.
(B) Term of employment.--Notwithstanding section
213.104 or 316.401 of title 5, Code of Federal
Regulations (or successor regulations), an employee of
a crew established under subparagraph (A) may--
(i) be hired as a seasonal employee or
temporary employee; and
(ii) work more than 1,040 hours per year.
(C) Permanent prescribed fire employees.--The
Secretaries may noncompetitively convert a Federal
seasonal employee of a crew established under this
paragraph to a Federal permanent employee, subject to
paragraph (5).
(5) Conversion of seasonal firefighters to permanent
employees.--The Secretaries may noncompetitively convert a
Federal seasonal employee to a Federal permanent employee if--
(A) the listed job duties of the employee include
wildland firefighting;
(B) the employee received a rating of at least
``Fully Successful'' in each of the performance
appraisals of the employee for the 5 most recent
seasons of Federal employment of the employee; and
(C) the job duties and performance standards of the
position into which the permanent employee converts
include implementing prescribed fires.
(6) Employment of formerly incarcerated individuals.--
(A) In general.--The Secretaries, in consultation
with the Attorney General and State departments of
corrections, shall seek to provide a career pathway,
including through partnerships with the Corps Network,
to individuals described in subparagraph (B) to work as
prescribed fire practitioners.
(B) Individuals described.--An individual referred
to in subparagraph (A) is an individual that--
(i) has been convicted in any court of a
criminal offense, other than arson, and was
sentenced to a term of imprisonment for that
offense; and
(ii) during the term of imprisonment
described in clause (i), served on a wildland
firefighting crew or received other comparable
training.
(7) Underrepresented employees.--To further address the
gender disparity in wildland firefighting, the Secretaries
shall support the development and participation of women in
leadership opportunities, mentorship networks, and training in
prescribed fire, including the Fire Leadership for Women course
and Women-In-Fire Training Exchange--
(A) to develop strong leaders;
(B) to increase the number of women overseeing
prescribed fires; and
(C) to enhance the longevity and success of women
in wildland fire management.
(8) Veterans crews.--
(A) In general.--The Secretaries, in consultation
with the Secretary of Veterans Affairs, shall seek--
(i) to provide a career pathway to
individuals described in subparagraph (B) to
work as prescribed fire practitioners; and
(ii) to establish crews composed
predominantly of veterans to conduct prescribed
fires.
(B) Individuals described.--An individual referred
to in subparagraph (A) is an individual who--
(i) served in the active military, naval,
or air service; and
(ii) was discharged or released under
conditions other than dishonorable.
(9) Inter-tribal organizations.--The Secretaries may
provide funding to Tribal and inter-Tribal organizations,
including the Intertribal Timber Council, to provide training
and workforce development opportunities in wildland fire.
(b) Additional Training Centers.--Subject to the availability of
appropriations, not later than September 30, 2023, 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 and operate a prescribed fire training center
in a western State;
(2) continue to operate a prescribed fire training center
in an eastern State;
(3) establish a virtual prescribed fire training center;
and
(4) establish and operate a managed-wildfire training
center.
(c) Competencies for Firefighters.--
(1) Updates to required competencies for specific
firefighter positions.--The Secretaries, in coordination with
the Fire Executive Council, the National Association of State
Foresters, and the Intertribal Timber Council, shall task the
National Wildfire Coordinating Group to add a requirement for
an individual to obtain the necessary certification to serve
in--
(A) the position of a single-resource boss; and
(B) any other positions determined to be necessary
by the Secretaries.
(2) Additional experience.--The Secretaries shall require
significant additional experience, gained exclusively during a
prescribed fire, to obtain a certification described in
paragraph (1).
(d) Indemnity of Federal and Tribal Employees.--Except in the case
of gross negligence, a Federal employee or an employee contracted by an
Indian Tribe pursuant to a contract under the Indian Self-Determination
Act (25 U.S.C. 5321 et seq.) overseeing a prescribed fire that
escaped--
(1) shall not be subject to criminal prosecution; and
(2) shall not be subject to civil proceedings, except in
accordance with section 2672 of title 28, United States Code.
SEC. 203. LIABILITY OF CERTIFIED PRESCRIBED FIRE MANAGERS.
(a) Definition of Covered Law.--In this section, the term ``covered
law'' means a State law that establishes the standard of care in a
civil suit against a certified prescribed fire manager for an escaped
prescribed fire to be ``gross negligence'', if the certified prescribed
fire manager--
(1) obtained a permit for the prescribed fire;
(2) conducted the prescribed fire consistent with a written
prescribed fire plan;
(3) was at the site of prescribed fire for the duration of
the prescribed fire;
(4) ensured adequate personnel, equipment, and firebreaks
were in place during the prescribed fire, in accordance with
the written prescribed fire plan; and
(5) complied with any applicable Federal, Tribal, State,
and local laws.
(b) Memorandum of Agreement.--Subject to the availability of
appropriations, in accordance with recommendation A3C of the special
report of the Western Governors' National Forest and Rangeland
Management Initiative, dated June 2017, the Secretary may enter into a
memorandum of agreement with the National Governors' Association to
host a conference, at which governors can meet to discuss the benefits
of addressing liability protection and possible incentives for States
to enact a covered law.
(c) Funding.--The Secretary may provide not more than $1,000,000
under the memorandum of agreement under subsection (b).
SEC. 204. 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 prescribed fires.
(2) Expenditure of funds.--When a smoke-sensitive facility
or vulnerable individual is identified in an area to be
impacted by smoke from a prescribed fire, the Secretaries may
expend funding appropriated for hazardous fuel reduction to
mitigate the impacts of the prescribed fire.
(3) Coordination among federal and state air quality
agencies and federal and state land management agencies.--The
Administrator of the Environmental Protection Agency, in
cooperation with Federal and State land management agencies,
shall coordinate with State, Tribal, and local air quality
agencies that regulate smoke under the Clean Air Act (42 U.S.C.
7401 et seq.) to facilitate the use of prescribed fire on
Federal land and State, Tribal, and private land, including
by--
(A) streamlining the decisionmaking process for
approving the use of prescribed fire under a State,
Tribal, or local government smoke management program;
and
(B)(i) promoting basic smoke management practices;
(ii) disseminating information about basic smoke
management practices; and
(iii) educating landowners that use prescribed fire
about the importance of--
(I) using basic smoke management practices;
and
(II) including basic smoke management
practices as a component of a prescribed fire
plan.
(4) Exceptional event demonstrations.--
(A) Requirement to seek exceptional event
demonstration.--Subject to subparagraph (C), the
appropriate State or Tribal air quality agency shall
develop and submit to the Administrator of the
Environmental Protection Agency a demonstration in
accordance with section 50.14 of title 40, Code of
Federal Regulations (or successor regulations), if--
(i) the Secretary, the Secretary of
Agriculture, a State land management agency, or
an Indian Tribe conducts a prescribed fire on
Federal land or State land, as applicable, in
accordance with a State or Tribal smoke
management program that incorporates basic
smoke management practices; and
(ii) the prescribed fire described in
clause (i) contributes to an exceedance or
other violation of a national ambient air
quality standard under section 109 of the Clean
Air Act (42 U.S.C. 7409), as measured using a
Federal reference monitor or an equivalent
method.
(B) Demonstration assistance.--For an exceedance or
other violation described in clause (ii) of
subparagraph (A), the Secretary or Secretary of
Agriculture, with the concurrence of the State or
Tribal air quality agency, may assist with the
development of the demonstration under that
subparagraph.
(C) Savings provision.--Subparagraph (A) shall not
apply if the exceedance or other violation described in
clause (ii) of that subparagraph is the result of--
(i) a violation of a smoke management
program;
(ii) a failure to use basic smoke
management practices; or
(iii) a violation of applicable permit
conditions.
(5) Exemption for large prescribed fires.--
(A) Federal land management agency exemption.--
Consistent with subsection (b) of section 118 of the
Clean Air Act (42 U.S.C. 7418), a prescribed fire
conducted on Federal land by the Secretary or the
Secretary of Agriculture that burns more than 1,000
acres per day shall be deemed to be in the paramount
interest of the United States and shall be exempt from
requirements with respect to the control of pollution
from Federal facilities under that Act (42 U.S.C. 7401
et seq.) if the Secretary or the Secretary of
Agriculture determines that the prescribed fire--
(i) will be conducted in an area where the
terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;
(ii) is necessary to reduce hazardous
fuels;
(iii) will be conducted to minimize smoke
impacts on populated areas through the use of
basic smoke management practices; and
(iv) will be conducted under a smoke
management program, if applicable.
(B) State exemption.--If the Secretary concerned
conducts a prescribed fire that is deemed to be in the
paramount interest of the United States under
subparagraph (A) on Federal land, a prescribed fire
conducted by a State land management agency on State or
private land that is contiguous to that Federal land
shall be exempt from any applicable national ambient
air quality standards under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(C) Tribal exemption.--Consistent with subsection
(b) of section 118 of the Clean Air Act (42 U.S.C.
7418), a prescribed fire conducted on Tribal land by an
Indian Tribe that burns more than 1,000 acres per day
shall be deemed to be in the paramount interest of the
United States and shall be exempt from requirements
with respect to the control of pollution from Federal
facilities under that Act (42 U.S.C. 7401 et seq.) if
the Indian Tribe determines that the prescribed fire--
(i) will be conducted in an area where the
terrain or fuel load makes the area
inaccessible or unsafe for firefighting
personnel;
(ii) is necessary to reduce hazardous
fuels;
(iii) will be conducted to minimize smoke
impacts on populated areas through the use of
basic smoke management practices; and
(iv) will be conducted under a smoke
management program, if applicable.
(D) Savings provision.--Consistent with section
118(b) of the Clean Air Act (42 U.S.C. 7418(b))--
(i) an exemption granted under this
paragraph shall apply to the applicable entity
for a period of not more than 1 year; and
(ii) on a new determination of the
Secretary, the Secretary of Agriculture, or an
Indian Tribe under subparagraph (A) or (C), as
applicable, additional exemptions under this
paragraph may be granted for subsequent periods
after the expiration of the exemption described
in clause (i), each of which shall apply for a
period of not more than 1 year.
(6) State and tribal standards.--
(A) Approval of state or tribal standards.--
Notwithstanding section 110 of the Clean Air Act (42
U.S.C. 7410), when approving a State or Tribal
implementation plan under that section, the
Administrator of the Environmental Protection Agency
may not approve any standards with respect to--
(i) preventing nuisance impacts that result
from prescribed fires that incorporate basic
smoke management practices; or
(ii) criteria pollutants that result from
prescribed fires that are more stringent than
what is required to meet the national ambient
air quality standards for those pollutants
under section 109 of that Act (42 U.S.C. 7409),
as measured using a Federal reference monitor
or an equivalent method.
(B) State and tribal enforcement.--A State or
Indian Tribe may not enforce standards in a State or
Tribal implementation plan that was approved under the
Clean Air Act (42 U.S.C. 7401 et seq.) before the date
of enactment of this Act with respect to--
(i) preventing nuisance impacts that result
from prescribed fires that incorporate basic
smoke management practices; or
(ii) criteria pollutants that result from
prescribed fires that are more stringent than
what is required to meet the national ambient
air quality standards for those pollutants
under section 109 of that Act (42 U.S.C. 7409),
as measured using a Federal reference monitor
or an equivalent method.
(C) Amendment to anti-backsliding provision.--If a
State or Tribal implementation plan under section 110
of the Clean Air Act (42 U.S.C. 7410) is revised to
include a smoke management program for prescribed fires
in that implementation plan, subsection (l) of that
section shall not apply with respect to that revision.
(7) Evaluation.--The Secretary or the Secretary of
Agriculture, as applicable, shall conduct an evaluation to
facilitate learning new approaches for predicting and
preventing exceedances during subsequent prescribed fires if
the Secretary or the Secretary of Agriculture--
(A) conducts a prescribed fire on Federal land--
(i) for which a demonstration is developed
and submitted under paragraph (4)(A); or
(ii) that is subject to an exemption under
paragraph (5)(A); and
(B) the prescribed fire described in subparagraph
(A) contributes to an exceedance of a national ambient
air quality standard under section 109 of the Clean Air
Act (42 U.S.C. 7409).
(8) Programs and research.--To address the public health
and safety risk of the expanded use of prescribed fire under
this Act, the Secretary of Agriculture and the Secretary, in
coordination with the Administrator of the Environmental
Protection Agency and the Director of the Centers for Disease
Control and Prevention, shall conduct research to improve or
develop--
(A) wildland fire smoke prediction models;
(B) smoke impact display tools for the public and
decisionmakers;
(C) appropriate, cost-effective, and consistent
mitigation strategies for communities impacted
adversely by smoke from prescribed fire;
(D) consistent nationally and scientifically
supported messages regarding personal protection
equipment for the public; and
(E) prescribed fire activity tracking and emission
inventory systems for planning and post-treatment
accountability.
(b) National Environmental Policy Act of 1969 Efficiencies.--
(1) Purpose.--The purpose of this subsection is to require
the Secretaries to develop a series of categorical exclusions
from the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for implementing prescribed
fires in accordance with this subsection.
(2) Previous environmental review decisions.--The
Secretaries shall--
(A) gather and evaluate all of the decision memos,
decision notices, and records of decision and
associated findings of no significant impact or
environmental impact statements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) prepared for recent prescribed fire projects;
(B) review any documented environmental impacts of
those prescribed fire projects, if the Secretaries
monitored or evaluated the effects of the implemented
actions; and
(C) develop findings of--
(i) similarities and differences among
prescribed fire projects; and
(ii) elements and mitigation measures that
consistently appeared in those prescribed fire
projects that did not individually or
cumulatively have a significant impact on the
environment.
(3) Rulemaking.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall publish in the
Federal Register for public review and comment a series of
notices of proposed categorical exclusions from the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for implementing prescribed fire
projects in, at a minimum, the following forest types:
(A) Longleaf pine forest.
(B) Shortleaf pine forest.
(C) Ponderosa pine forest.
(D) Pinyon-juniper forest.
(E) Dry-site Douglas-fir forest.
(F) Chaparral shrubland.
(4) Extraordinary circumstances.--The Secretaries shall
apply the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or successor
regulations), in determining whether to use a categorical
exclusion established under this subsection.
(5) Oregon and california grant lands.--On Oregon and
California Railroad grant land revested in the United States by
the Act of June 9, 1916 (39 Stat. 218, chapter 137), the
Secretary, acting through the Director of the Bureau of Land
Management, shall--
(A) implement not fewer than 2 impact demonstration
projects to assess the environmental effects of
prescribed fires;
(B) monitor the actual environmental effects during
and after that implementation; and
(C) evaluate the merits of using a categorical
exclusion from the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for prescribed fires on that land.
SEC. 205. PRESCRIBED FIRE EDUCATION PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, and the Secretary, acting through the
Director of the Office of Wildland Fire, may enter into a memorandum of
agreement with the Longleaf Alliance to carry out a national prescribed
fire education program, including the use of--
(1) the character known as ``Burner Bob''; and
(2) an anthropomorphic black-backed woodpecker character,
to be known as ``Burner Betty''.
(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; TERMINATION
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 to the National Fire Planning and Operations Database.
(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 treated 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. TERMINATION DATE.
The authority to carry out this Act terminates on the date that is
10 years after the date of enactment of this Act.
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