[Congressional Record Volume 162, Number 174 (Monday, December 5, 2016)]
[House]
[Pages H7159-H7160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PRESCRIBED BURN APPROVAL ACT OF 2016

  Mr. LUCAS. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 3395) to require limitations on prescribed burns.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3395

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) National fire danger rating system.--The term 
     ``national fire danger rating system'' means the national 
     system used to provide a measure of fire danger according to 
     a range of low to moderate to high to very high to extreme.
       (2) Prescribed burn.--The term ``prescribed burn'' means a 
     planned fire intentionally ignited.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 3. LIMITATIONS ON PRESCRIBED BURNS.

       (a) In General.--Except as provided in subsection (b), the 
     Secretary shall not authorize a prescribed burn on Forest 
     Service land if, for the county or contiguous county in which 
     the land is located, the national fire danger rating system 
     indicates an extreme fire danger level.
       (b) Exception.--The Secretary may authorize a prescribed 
     burn under a condition described in subsection (a) if the 
     Secretary coordinates with the applicable State government 
     and local fire officials.
       (c) Report.--At the end of each fiscal year, the Secretary 
     shall submit to Congress a report describing--
       (1) the number and locations of prescribed burns during 
     that fiscal year; and
       (2) each prescribed burn during that fiscal year that was 
     authorized by the Secretary pursuant to subsection (b).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oklahoma (Mr. Lucas) and the gentleman from Minnesota (Mr. Peterson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oklahoma.


                             General Leave

  Mr. LUCAS. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oklahoma?
  There was no objection.

                              {time}  1730

  Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of S. 3395, the Prescribed Burn Approval Act 
of 2016.
  Across much of the country, Forest Service land borders private lands 
that are essential to the livelihood of farmers, ranchers, and 
foresters. While the Forest Service is tasked with managing these 
lands, many techniques are effective but carry risk.
  On April 3, 2013, the Forest Service conducted a controlled burn on 
the Dakota Prairie Grasslands intended for 130 acres. As weather 
conditions changed, the fire escaped its boundary and burned 16,000 
acres of private land. The prescribed burn planned by Federal officials 
resulted in millions of dollars in damage to private lands in South 
Dakota, with ranchers losing valuable pasture, hay, fence, and 
structures.
  In the aftermath of the fire, the Office of the General Counsel of 
USDA determined that the Forest Service had done nothing out of line 
and claimed no responsibility to those harmed by this carelessness. 
This commonsense piece of legislation that we are addressing today, 
simply put, would require the Forest Service to conduct prescribed 
burns only when the national fire rating system indicates that it is 
safe to do so in that county and contiguous counties.
  Furthermore, this bill will encourage greater collaboration with 
local officials, helping to mitigate more of the risk to private lands.
  We all strive to be good neighbors and hope our neighbors will do the 
same. With passage, this bill gives many neighbors to the Forest 
Service additional certainty, and I urge your support.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 1, 2016.
     Hon. K. Michael Conaway,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: I write regarding S. 3395, the 
     Prescribed Burn Approval Act of 2016. This bill contains 
     provisions under the jurisdiction of the Committee on Natural 
     Resources.
       I recognize and appreciate your desire to bring this bill 
     before the House of Representatives in an expeditious manner, 
     and accordingly, I will agree that the Committee on Natural 
     Resources be discharged from further consideration of the 
     bill. I do so with the understanding that this action does 
     not affect the jurisdiction of the Committee on Natural 
     Resources.
       I also ask that a copy of this letter and your response be 
     included in the Congressional Record during consideration of 
     S. 3395 on the House floor.
       Thank you for your work on this important issue, and I look 
     forward to its enactment soon.
           Sincerely,
                                                       Rob Bishop,
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                 Washington, DC, December 1, 2016.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Bishop: I am writing concerning S. 3395, the 
     Prescribed Burn Approval Act of 2016. The bill was agreed to 
     in the Senate on November 17, 2016, and was referred in the 
     House primarily to the Committee on Agriculture, with an 
     additional referral to the Committee on Natural Resources.
       I ask that you allow the Committee on Natural Resources to 
     be discharged from further consideration of the bill so that 
     it may be scheduled by the Majority Leader. This discharge in 
     no way affects your Committee's jurisdiction over the subject 
     matter of

[[Page H7160]]

     the bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have the Committee 
     on Natural Resources represented on the conference committee. 
     Finally, I would be pleased to include this letter and any 
     response in Congressional Record to memorialize our mutual 
     understanding.
       Thank you for your consideration and for your continued 
     cooperation between our committees.
           Sincerely,
                                               K. Michael Conaway,
                                                         Chairman.

  Mr. PETERSON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Prescribed Burn Approval Act of 2016, S. 3395, will 
help alleviate unintentional disasters when prescribed burns don't go 
exactly as planned. This is commonsense legislation, and I urge my 
colleagues to vote in support of it.
  Prescribed burns are an important tool used by the Forest Service to 
help manage our national forests and grasslands. However, there is the 
risk of damage to nearby private property when prescribed burns get out 
of control, which happened, as was described recently, in the upper 
Midwest.
  This bill will allow the Forest Service to continue to use prescribed 
burns while taking practical steps to prevent disasters. S. 3395 
prohibits the Forest Service from utilizing prescribed burns in areas 
of high fire risk, unless the Forest Service coordinates with State 
governments and local officials.
  Having local officials and responders aware of activities can help 
them be prepared and equipped to assist, if necessary. Frankly, this is 
something I would hope the Forest Service is already doing, but this 
bill is a good step. It will make sure that it happens in the future.
  Again, I urge my colleagues to support the bill.
  I yield back the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
South Dakota (Mrs. Noem), who not only understands these issues but 
lives these issues.
  Mrs. NOEM. Mr. Speaker, I thank the chairman for yielding to me 
today.
  Mr. Speaker, today, I rise in support of S. 3395, the Prescribed Burn 
Approval Act. This is a commonsense bill that will prohibit the U.S. 
Forest Service from authorizing prescribed burns in an area that is 
labeled an extreme fire danger except under circumstances that have 
local coordination. Unfortunately, we have seen instances where the 
Forest Service has acted recklessly by starting prescribed burns under 
extremely hazardous conditions.
  The Pautre fire in South Dakota is one such example. Despite the hot 
and windy conditions and being warned repeatedly from local ranchers 
and local officials that it was too windy and too dry to be starting a 
controlled burn, the Forest Service still carried out a prescribed burn 
that was intended to cover just 130 acres of dead crested wheatgrass.
  Within hours, the fire escalated out of control. More than 10,000 
acres of Forest Service land, grazing association controlled land, and 
private land was consumed by the wildfire. Millions of dollars of 
damage was done not only to the land but to fences and families. 
Families were devastated.
  Multiple firefighting units and personnel were put in harm's way. 
This burn should not have occurred that day without the collaboration 
and additional precautions that such a burn will require. It should 
happen in consultation with local officials and those who know the land 
best, those who live on the land and work the land each and every day--
local farmers and ranchers.
  It only makes sense that the Forest Service has the responsibility to 
coordinate with local and State fire officials in circumstances where 
the threat of wildfire is high. This bill is a step in the right 
direction to make certain that necessary precautions are taken.
  Furthermore, this bill would add transparency and a degree of 
accountability to the Forest Service's actions by ensuring that 
Congress is aware of the prescribed burns that are done under hazardous 
conditions.
  I would like to thank Senator Thune for his work on this bill and the 
chairman for bringing this bill forward.
  I urge my colleagues to vote in favor.
  Mr. PETERSON. Mr. Speaker, I have no further speakers, and I yield 
back the balance of my time.
  Mr. LUCAS. Mr. Speaker, I yield myself such time as I may consume.
  It is worth noting that before there were ever farmers and ranchers 
on the plains, before Coronado ever came up from the south, or Lewis 
and Clark crossed through the north, and even before our Native 
American friends first appeared in North America fire has been an 
important management tool in the ecosystem of the Great Plains--whether 
the northern plains where my colleague, Mrs. Noem, lives or the 
southern plains where I live--an important tool. Maintaining the health 
of the grasslands, addressing the woody plants that are invasive, this 
is an important tool.
  This is why today we rise together to ask for our colleagues to vote 
for this bill, to provide the ability for everyone who occupies the 
plains to comfortably work together to use this tool to maintain the 
health of the Great Plains.
  Mr. Speaker, I urge all of my colleagues to join us in passing the 
bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oklahoma (Mr. Lucas) that the House suspend the rules 
and pass the bill, S. 3395.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________