117 S4424 IS: National Prescribed Fire Act of 2024
U.S. Senate
2024-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 4424
IN THE SENATE OF THE UNITED STATES
May 23, 2024
Mr. Wyden (for himself and Mr. Padilla) 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, to acknowledge and support the long-standing use of cultural burning by Tribes and Indigenous practitioners, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “National Prescribed Fire Act of 2024”.
(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.
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. Prescribed fire claims fund study.
Sec. 205. Environmental review.
Sec. 206. Prescribed fire education program.
TITLE III—Reporting
Sec. 301. Annual reports to the National Fire Planning and Operations Database.
Sec. 302. Annual implementation report.
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 2010 and 2019, in the United States, on average—
(A)
64,000 wildfires burned 6,847,000 acres annually; and
(B)
100,000 prescribed fires burned only 3,672,000 acres annually;
(3)
indigenous communities have used cultural burning 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 2021 Environmental Protection Agency report assessing the air quality and health impacts of prescribed fire compared to wildfire, smoke impacts from prescribed fire were found to be smaller in magnitude and shorter in duration;
(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 March 1, 2023, there were—
(A)
38 prescribed fire councils in 34 States; and
(B)
113 prescribed burn associations in 19 States;
(9)
according to the 2021 National Prescribed Fire Use Survey Report—
(A)
41 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.
3.

Definitions
In this Act:
(1)

Federal land
The term Federal land means—
(A)
public lands (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)
National Forest System land.
(2)

Landscape-scale prescribed fire plan
The term landscape-scale prescribed fire plan means a decision document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that—
(A)
covers a unit of the National Forest System, a Bureau of Land Management district, or a subunit thereof;
(B)
analyzes the site-specific environmental consequences of prescribed fire on the land described in subparagraph (A); and
(C)
obviates the need for subsequent decisions pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the unit, district, or subunit described in subparagraph (A).
(3)

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 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.).
(4)

Prescribed fire
The term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state—
(A)
under specified environmental conditions that are intended to allow the fire to be confined to a predetermined area and produce the fireline intensity and rate of spread required to attain planned resource management objectives;
(B)
that does not include pile burning; and
(C)
in accordance with applicable law, including applicable regulations.
(5)

Secretaries
The term Secretaries means—
(A)
the Secretary; and
(B)
the Secretary of Agriculture.
(6)

Secretary
The term Secretary means the Secretary of the Interior.
I

Use of funds
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 is authorized to be appropriated to the accounts established by subsection (b) a total of $300,000,000 for fiscal year 2024 and each fiscal year thereafter.
(d)

Presidential budget requests
For fiscal year 2024 and each fiscal year thereafter, each Secretary concerned shall submit, in the budget justification materials submitted to Congress in support of the budget of the relevant Department for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code)—
(1)
a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (e); and
(2)
an accounting of costs with respect to prescribed fire, by region of the National Forest System or the Department of the Interior, as applicable, for the previous 3 years, including—
(A)
the amount spent on prescribed fire;
(B)
the number of acres treated with prescribed fire; and
(C)
the number of personnel dedicated to carrying out prescribed fire.
(e)

Use of funds
(1)

Mandatory activities
The Secretary concerned shall use amounts in the accounts established by subsection (b)—
(A)
to develop, in coordination with State, local, and Tribal governments, a prescribed fire operational strategy for each region of the National Forest System or the Department of the Interior, as applicable, specifically for using funding provided through the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 429) and other additional sources of funding, that describes—
(i)
the fire deficit by region;
(ii)
staffing and funding needs;
(iii)
plans to apply prescribed fire; and
(iv)
regional targets to demonstrate an increase in prescribed fire with respect to—
(I)
existing programs; and
(II)
activities carried out using additional funding sources;
(B)
with respect to prescribed fires—
(i)
to carry out necessary environmental reviews;
(ii)
to conduct outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners;
(iii)
to conduct any required pre-ignition cultural and environmental surveys; and
(iv)
to implement prescribed fires on Federal land;
(C)
to hire additional, dedicated personnel and procure additional equipment, including unmanned aerial systems equipped with an aerial ignition system, to implement a greater number of prescribed fires;
(D)
to fund an increase in staffing (including in-person and hybrid staff) in order to provide training for the implementation of prescribed fire and management of smoke;
(E)
to conduct post-prescribed fire activities, such as—
(i)
reseeding to prevent the spread of invasive species; and
(ii)
recurring application of fire to maintain desired conditions;
(F)
to conduct monitoring for safety and fire effects on ecosystem resilience and risk mitigation; and
(G)
to use key performance indicators, including—
(i)
the annual number of acres of National Forest System land or public lands, as applicable, where completed treatment effectively mitigates wildfire risk or maintains or restores ecological integrity with respect to—
(I)
land in the wildland-urban interface; and
(II)
land not in the wildland-urban interface;
(ii)
the number of acres in a desired condition as a result of fire management objectives, as determined by the Secretary concerned;
(iii)
the number of acres treated with prescribed fire and the quantity of emissions from prescribed fires;
(iv)
the number of acres where treatment results in changes in fire regime condition class; and
(v)
the number of burns conducted by Indian Tribes or Indigenous-led organizations or pursuant to an agreement with an Indian Tribe or Indigenous-led organization.
(2)

Joint coordination
The Secretaries shall coordinate to jointly develop a common data management and analysis system for planning and post-treatment accountability.
(3)

Authorized activities
The Secretary concerned may—
(A)
assist State, Tribal, local government, or private prescribed fire programs—
(i)
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;
(ii)
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 assist in implementing a prescribed fire;
(iii)
in funding the completion of the claims funds study under section 204; or
(iv)
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;
(B)
provide technical or financial assistance to a prescribed fire council or prescribed burn association for the establishment or operation of the council or association; and
(C)
provide funding for the collaborative prescribed fire program established under section 103.
(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 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—
(i)
threatening to, or located in, the wildland-urban interface and identified as a priority area in a statewide forest resource assessment or Community Wildfire Protection Plan; or
(ii)
identified as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe;
(D)
on acres at high or very high risk of experiencing a wildfire that would be difficult to suppress;
(E)
in an area that is designated as critical habitat and in need of ecological restoration or enhancement that can be achieved with the aid of prescribed fire; or
(F)
supportive of potential operational delineations or a strategic response zone.
102.

Policies and practices
Beginning with the first fiscal year that begins after the date of enactment of this Act, and for each of the 9 fiscal years thereafter, the Secretaries shall conduct prescribed fires on Federal land such that the total number and combined size of all prescribed fires on Federal land is 10 percent greater than the total number and combined size of all prescribed fires on Federal land in the preceding fiscal year.
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 within the Department of Agriculture and the Department of the Interior, Indian Tribes, State or local governments, nongovernmental organizations, and prescribed fire councils, for the implementation of proposals to conduct prescribed fires in priority landscapes in accordance with applicable existing policies.
(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 to implement the proposal;
(6)
describe benefits to sensitive wildlife, invertebrate, and plant species of concern; and
(7)
describe any established record of successful collaborative planning or use of prescribed fire by the entity submitting the proposal.
(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 treat the most strategic acres at high or very high risk of experiencing a wildfire that would threaten critical values and be difficult to suppress.
(d)

Limitations
(1)

Number of projects
The Secretary may not provide more than $20,000,000 in total funding under the program in any fiscal year.
(2)

Project funding
The Secretary may not provide more than $1,000,000 to any 1 project under the program in any 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)

Experiential 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 an experiential, group training event, such as Prescribed Fire Training Exchange, 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 number of acres mitigated with prescribed fire by the recipient under the program;
(B)
the amount of Federal and non-Federal funds used by the recipient under the program; and
(C)
the status and progress of any collaborative relationships associated with the project.
(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 2024 through 2033, to remain available until expended.
II

Facilitating implementation and outreach
201.

Cooperative agreements and contracts
(a)

Definition of eligible entity
In this section, the term eligible entity means—
(1)
a State;
(2)
an Indian Tribe;
(3)
a county or municipal government;
(4)
a fire district;
(5)
a nongovernmental organization; and
(6)
a private entity.
(b)

Authorization
The 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)

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.
(f)

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.
(g)

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.
202.

Human resources
(a)

Prescribed fire workforce
(1)

Sense of Congress
It is the sense of Congress that—
(A)
in order to develop a prescribed fire workforce, training in prescribed fire should be developed with an emphasis on ecological outcomes and wildfire risk reduction and outside of the parameters of suppression-oriented training;
(B)
the Secretaries should hire additional employees and provide or support training and development activities, including through partnerships with educational institutions, nongovernmental organizations, States, and Tribal entities, to increase the number of skilled and qualified practitioners dedicated to prescribed fire with smoke management skills;
(C)
qualifications or certifications in prescribed fire should be broad to support an all-hands, all-lands approach to burning that is respectful of diverse cultural traditions and other experiential learning; and
(D)
training in prescribed fire may be regionally focused and should include topics of—
(i)
cultural fire history and traditions, which should be provided by or with the consent of Indian Tribes or Indigenous-led organizations;
(ii)
fire ecology; and
(iii)
smoke management.
(2)

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 (including individuals employed in carrying out a contract between an Indian Tribe and the Department of Agriculture or the Department of the Interior) implementing a prescribed fire (as defined in section 3 of the National Prescribed Fire Act of 2024).”.
(3)

Increasing workforce retention
(A)

Purpose
The purpose of this paragraph is to require the Secretaries to carry out activities to retain sufficient workforce to implement prescribed fires and to remain competitive with other non-Federal firefighting programs.
(B)

Hazard pay
(i)

In general
Each Federal employee in any classification series carrying out work completed during prescribed fire, as identified by the Secretaries, shall be entitled to be paid the appropriate differential under subsection (d) of section 5545 of title 5, United States Code, as if such employee was covered by such subsection.
(ii)

Regulations
The Director of the Office of Personnel Management may prescribe regulations to carry out this subparagraph.
(C)

Other benefits
The Secretaries shall implement measures to promote retention among Federal wildland firefighters of any classification series carrying out work related to wildland fire and prescribed fire, such as portal-to-portal pay, quarterly bonuses, or other benefits.
(D)

Incentive payments for fuels assignments
To attract and retain a skilled fuels workforce, the Secretaries shall implement pay incentives that account for and offset the more competitive pay options offered through wildfire suppression assignments, including such options as bonus pay, per diem payments, or grading-up fuels positions.
(4)

Dedicated prescribed fire task forces
(A)

In general
The Secretaries shall—
(i)
not later than 180 days after the date of enactment of this Act, establish at least 1 multiparty task force of Federal employees and non-Federal entities within each Geographic Area Coordination Center to plan, lead, and support prescribed fire across ownership boundaries that are priorities at the landscape, region, State, or Federal level; and
(ii)
support each task force established under clause (i) by assigning a dedicated Federal employee—
(I)
to aid necessary administrative functions relating to partnership agreements; and
(II)
to coordinate prescribed fire across ownership boundaries.
(B)

Term of employment for Federal task force members
Federal employees assigned under subparagraph (A) may be hired as permanent, full-time employees using direct hiring authority by the Secretaries.
(C)

Cooperative agreements
The Secretaries may enter into 1 or more cooperative agreements to carry out this paragraph.
(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 emphasize 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 career pathways, training, and wraparound support services, including through partnerships with the Corps Network, to individuals described in subparagraph (B) to work as prescribed fire practitioners.
(B)

Individuals described
An individual referred to in subparagraph (A) is an individual that—
(i)
has been convicted in any court of a criminal offense, other than arson, 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 and nonbinary individuals pursuant to Executive Order 13988 (42 U.S.C. 2000e note; relating to preventing and combating discrimination on the basis of gender identity or sexual orientation) in leadership opportunities, mentorship networks, and training in prescribed fire, including the Fire Leadership for Women course and Women-In-Fire Training Exchange and other related opportunities—
(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, Indigenous-led, 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 2 years after the date of enactment of this Act, the Secretary, in cooperation with the Secretary of Agriculture (and the Secretary of Defense in the case of a center located on a military installation), shall—
(1)
establish, operate, and facilitate a prescribed fire training program or center in each Geographic Area Coordination Center region where such a program or center does not exist on the date of enactment of this Act;
(2)
support the establishment of an Indigenous-led prescribed fire and cultural burning training center operated by an Indian Tribe or partnership of Indian Tribes;
(3)
establish a virtual prescribed fire training center; and
(4)
establish and operate a training center for managing wildfire for resource objectives.
(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, an employee contracted by an Indian Tribe, or an Indian Tribe as a contracting entity, acting pursuant to a contract under the Indian Self-Determination Act (25 U.S.C. 5321 et seq.) overseeing a prescribed fire, if that prescribed fire escaped or caused loss or damage—
(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.
(e)

Indemnity of other cooperators
Except in the case of gross negligence, an individual or entity involved in a prescribed fire on Federal land or under Federal authority, if that prescribed fire escaped or caused loss or damage—
(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.
(f)

Indemnity for prescribed fires
Except in the case of gross negligence, an individual or entity involved in a prescribed fire on any land, if that prescribed fire escaped, caused harm or damage, or required suppression resources—
(1)
shall not be liable for or subject to recovery of Federal fire suppression costs and costs of investigation incurred by Federal agencies; and
(2)
shall not be liable for monetary damages for loss or damage to any natural resource or timber values on Federal land.
(g)

Enhancing interoperability between Federal and non-Federal practitioners
(1)

Qualification databases and dispatch systems
The Secretaries shall establish a collaborative process to create mechanisms for non-Federal-agency fire practitioners, including those without jurisdictional authority, to be included in wildfire resource ordering and reimbursement processes.
(2)

Partnership agreements
The Secretaries shall—
(A)
develop partnership agreements for prescribed fire with all relevant State, Federal, Tribal, university, and nongovernmental entities that choose to be included in resource ordering and reimbursement processes under paragraph (1);
(B)
create agreements and structures necessary to include non-Federal-agency and other nontraditional partners in direct work with Federal agencies to address prescribed fires; and
(C)
treat any prescribed fire practitioner meeting the National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.
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 the 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).
204.

Prescribed fire claims fund study
(a)

Commissioning of study
Not later than 1 year after the date of enactment of this Act, the Secretaries, in coordination with the Director of the Office of Management and Budget, shall complete a study of the feasibility, design, and effectiveness of a national prescribed fire claims fund (or similar mechanism) to increase the pace and scale of prescribed fire across all lands by multiple users and for multiple objectives.
(b)

Elements
The study required under subsection (a) shall include an analysis of the following:
(1)
The feasibility at the national level of a claims fund or other mechanism to supplement, replace, or backstop private insurance for prescribed fire and adverse smoke impacts.
(2)
The design and administration of such a fund.
(3)
The effectiveness of a national claims fund or other mechanism to supplement, replace, or backstop private market insurance for non-Federal or State government prescribed fire practitioners.
(4)
The eligibility requirements for submission of claims to such a fund with an emphasis on equity and inclusivity of all types of prescribed fire practitioners and methods of practice.
(5)
(A)
The role and influence of State liability laws on prescribed fire practitioner liability;
(B)
the impact of State liability laws on the availability and affordability of insurance for prescribed fire; and
(C)
how States may be incentivized to enact laws clearly establishing and reducing practitioner liability for civil suits and suppression and investigation cost recovery.
205.

Environmental review
(a)

Smoke management agencies
(1)

Policy
The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection—
(A)
to facilitate greater use of prescribed fire; and
(B)
to address public health and safety, including impacts from smoke from wildfires and prescribed fires.
(2)

Expenditure of funds
The Secretaries may expend funding appropriated for hazardous fuel reduction to mitigate the impacts of smoke from prescribed fire.
(3)

Coordination among Federal, Tribal, and State air quality agencies and Federal, Tribal, 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, Tribally owned fee 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, shall 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 permit conditions relating to the protection of air quality and public health.
(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, or in accordance with an agreement with, 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 an 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)

Development of landscape-Scale Federal prescribed fire plans
(1)

Definition of Secretary concerned
In this subsection, the term Secretary concerned means—
(A)
the Secretary of Agriculture, with respect to a unit of the National Forest System; and
(B)
the Secretary, with respect to a Bureau of Land Management district.
(2)

Inclusion of landscape-scale prescribed fire plans
The Secretary concerned shall, with respect to units of the National Forest System and Bureau of Land Management districts with existing prescribed fire programs—
(A)
not later than 1 year after the date of enactment of this Act, determine which of those units or districts have landscape-scale prescribed fire plans; and
(B)
not later than 2 years after the date of enactment of this Act—
(i)
determine whether each plan described in subparagraph (A) requires revision;
(ii)
establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and
(iii)
develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale fire plans.
(3)

Environmental compliance
In carrying out paragraph (2), the Secretary concerned shall—
(A)
comply with—
(i)
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(iii)
division A of subtitle III of title 54, United States Code; and
(iv)
any other applicable laws; and
(B)
consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection.
(4)

Collaborative development
In carrying out paragraph (2), the Secretary concerned shall collaborate with diverse actors from academia, the Forest Service and Bureau of Land Management research and development, nongovernmental organizations, cultural fire practitioners, and other entities, as determined appropriate by the Secretary concerned.
(5)

Consultation with Indian Tribes
The Secretary concerned shall engage in government-to-government consultation with Indian Tribes in complying with this subsection.
(6)

Reports
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary concerned shall submit to Congress a report on the progress of the Secretary concerned with respect to carrying out this subsection.
206.

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, shall carry out a national prescribed fire education program focused on fire ecology and prescribed fire planning and implementation.
(b)

Program elements
A prescribed fire education program 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.
III

Reporting
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.
(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 mitigated using prescribed fire in the State, the State shall not be eligible to receive any amounts made available under this Act for the previous fiscal year.
302.

Annual implementation report
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretaries shall each submit to Congress a report on the activities carried out under this Act.