[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1734 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1734

     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 SENATE OF THE UNITED STATES

                              May 20, 2021

Mr. Wyden (for himself, Mr. Manchin, Ms. Cantwell, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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.--
                    (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--
                            (i) 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.); or
                            (ii) National Forest System land east of 
                        the 100th meridian.
            (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) occurred on land under Federal, State, or local 
                government ownership; and
                    (C) had a target area identified in a prescribed 
                fire plan of not less than 50,000 acres.
            (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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