[Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)]
[Senate]
[Pages S1243-S1247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4530. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 1383, to establish the Veterans Advisory Committee
on Equal Access, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
DIVISION __--NATIONAL PRESCRIBED FIRE ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``National Prescribed Fire Act of 2026''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--USE OF FUNDS
Sec. 101. Prescribed fire funding.
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 prescribed fire managers.
Sec. 204. Environmental review.
Sec. 205. Prescribed fire education program.
TITLE III--REPORTING; OTHER MATTERS
Sec. 301. Annual reports to National Fire Planning and Operations
Database.
Sec. 302. Annual implementation report.
Sec. 303. Savings provision.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional committees.--The term ``congressional
committees'' means--
(A) the Committee on Energy and Natural Resources, the
Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Natural Resources, the Committee on
Agriculture, and the Committee on Appropriations of the House
of Representatives.
(2) Federal land.--The term ``Federal land'' means--
(A) land under the jurisdiction of the Secretary, acting
through the Director of the Bureau of Land Management; and
(B) National Forest System land.
(3) Landscape-scale prescribed fire plan.--The term
``landscape-scale prescribed fire plan'' means a plan
required for the application of prescribed fire that--
(A) is prepared by qualified personnel;
(B) is approved by the Secretary concerned;
(C) includes criteria under which the prescribed fire will
be conducted;
(D) is prepared in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(E) covers a unit of the National Forest System, a Bureau
of Land Management district, or a subunit of such a unit or
district;
(F) analyzes the site-specific environmental consequences
and benefits of prescribed fire on land described in
subparagraph (E); and
(G) 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 (E).
(4) 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) Exclusions.--The term ``National Forest System'' does
not include the national grasslands or land utilization
projects administered under title III of the Bankhead-Jones
Farm Tenant Act (7 U.S.C. 1010 et seq.).
(5) Prescribed fire.--
(A) In general.--The term ``prescribed fire'' means a
wildland fire originating from a planned ignition, other than
suppression firing, in accordance with applicable laws,
policies, and regulations to meet specific objectives.
(B) Exclusion.--The term ``prescribed fire'' does not
include a fire that is ignited for the primary purpose of
pile burning.
(6) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, in the case of land under the
jurisdiction of the Secretary, acting through the Director of
the Bureau of Land Management (or a designee); and
(B) the Secretary of Agriculture, in the case of land under
the jurisdiction of the Secretary of Agriculture, acting
through the Chief of the Forest Service (or a designee).
TITLE I--USE OF FUNDS
SEC. 101. PRESCRIBED FIRE FUNDING.
(a) Funding Flexibility.--
(1) Department of agriculture.--Of the funds appropriated
for each fiscal year for hazardous fuels management in the
National Forest System, the Secretary of Agriculture
[[Page S1244]]
may use not more than 15 percent to carry out the activities
described in subsection (b), in addition to any amounts
otherwise available to carry out those activities.
(2) Department of the interior.--Of the funds appropriated
for each fiscal year for hazardous fuels management and post-
fire activities in the account for wildland fire management
of the Department of the Interior, the Secretary may use not
more than 15 percent to carry out the activities described in
subsection (b), in addition to any amounts otherwise
available to carry out those activities.
(b) Description of Activities.--The activities referred to
in subsection (a) are--
(1) with respect to prescribed fires on Federal land, or on
non-Federal land if the Secretary concerned determines that
such activities would benefit resources on Federal land--
(A) entering into procurement contracts or cooperative
agreements for prescribed fire activities;
(B) issuing grants to a State, a Tribal government, a local
government, a prescribed fire council, a prescribed burn
association, or a nonprofit organization for the
implementation of prescribed fires, including--
(i) carrying out necessary environmental reviews;
(ii) carrying out any site preparation necessary for
implementing prescribed fires; and
(iii) conducting any required pre-ignition cultural or
environmental surveys; and
(C) conducting outreach to the public, Indian Tribes and
beneficiaries, and adjacent landowners;
(2) implementing prescribed fires on non-Federal land, if
the Secretary concerned determines that the prescribed fire
would benefit Federal land, including--
(A) carrying out necessary environmental reviews;
(B) carrying out any site preparation necessary for
implementing prescribed fires; and
(C) conducting any required pre-ignition cultural and
environmental surveys;
(3) providing to Federal employees and cooperators training
for prescribed fire and basic smoke management practices;
(4) conducting post-prescribed fire activities, such as
monitoring for hazard trees or reignitions and invasive
species management;
(5) providing technical or financial assistance to a State,
Tribal government, local government, prescribed fire council,
prescribed burn association, or nonprofit organization for
the purpose of providing training for prescribed fire or
basic smoke management practices, consistent with any
standards developed by the National Wildfire Coordinating
Group or State prescribed fire standards; and
(6) providing funding for the applicable Collaborative
Prescribed Fire Program established under section 103.
(c) Prioritization.--
(1) In general.--Subject to paragraph (2), the Secretary
concerned shall coordinate with the other Secretary
concerned, State and local government agencies, Indian
Tribes, and other applicable nongovernmental entities to
establish prioritization criteria for expending amounts
pursuant to subsection (a) for activities described in
paragraphs (2), (5), and (6) of subsection (b).
(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) within or adjacent to the wildland-urban interface and
identified as a priority area in a statewide forest action
plan 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 land that is 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;
(F) supportive of potential operational delineations or
strategic response zones; or
(G) for the purpose of maintaining existing fuels
treatments in an area.
SEC. 102. POLICIES AND PRACTICES.
(a) Increasing Prescribed Fire.--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 acreage of Federal land on which
prescribed fires are conducted is not less than 10 percent
greater than the total acreage of all Federal land on which
prescribed fires were conducted during the preceding fiscal
year.
(b) Operational Strategy.--The Secretary concerned shall
develop, in coordination with State, local, and Tribal
governments, a prescribed fire operational strategy for the
National Forest System or the Department of the Interior, as
applicable, that describes--
(1) the fire deficit by unit, district, or subunit; and
(2) staffing and funding needs to address the fire deficit
under paragraph (1).
SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
(a) In General.--The Secretary concerned, in coordination
with the other Secretary concerned, shall establish a
Collaborative Prescribed Fire Program (referred to in this
section as the ``program'') to select and fund prescribed
fire projects (each of which is referred to in this section
as a ``project'') in accordance with--
(1) the prioritization criteria established under section
101(c);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(3) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(4) the applicable land use or land management plan; and
(5) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a proposal for a project shall--
(1) be consistent with a landscape restoration and
prescribed fire strategy--
(A) that is complete or substantially complete;
(B) that identifies and prioritizes prescribed fire
treatments for a 10-year period within a landscape that is--
(i) not less than 50,000 acres;
(ii) composed primarily of forested Federal land under the
jurisdiction of the Secretary concerned, but may also include
other Federal, State, Tribal, or private land, if a treatment
on that land would benefit the applicable Federal land; and
(iii) in need of--
(I) active ecosystem restoration; or
(II) maintenance activities to retain previously treated
land in a wildfire-resilient state;
(C) that incorporates the best available science and
scientific application tools to identify project areas;
(D) that fully maintains, or contributes toward the
restoration of, the structure and composition of old growth
stands according to the pre-fire suppression old growth
conditions characteristic of the forest type--
(i) taking into account the contribution of the stand to
landscape fire adaptation and watershed health; and
(ii) retaining the large trees contributing to old growth
structure;
(E) under which would be carried out any forest restoration
treatments that reduce hazardous fuels through the use of
prescribed fire for ecological restoration and maintenance
and reestablishing natural fire regimes, where appropriate,
which--
(i) may include site preparation, if necessary to prepare
the landscape for reestablishment of a natural fire regime;
and
(ii) shall maximize the retention of large trees, as
appropriate for the forest type, to the extent that the trees
promote fire-resilient stands; and
(F) under which--
(i) no permanent roads would be established; and
(ii) funding would be committed to decommission all
temporary roads constructed to carry out the strategy that do
not have a planned use for maintaining fuels treatments;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons representing
diverse interests;
(B) includes States, Tribal governments, and units of local
government; and
(C) is transparent and nonexclusive;
(3) describe plans, as applicable--
(A) to reduce the risk of uncharacteristic wildfire;
(B) to improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) to maintain or improve water quality and watershed
function;
(D) to prevent, remediate, or control invasions of exotic
species;
(E) to maintain, decommission as described in paragraph
(1)(F)(ii), and rehabilitate roads and trails;
(F) to report annually on the efficacy of the proposed
project in terms of landscape restoration and
uncharacteristic wildfire risk reduction, including setting
accomplishment targets for the proposed project;
(G) to take into account and, when practicable, work within
the bounds of any applicable community wildfire protection
plan; and
(H) to mitigate smoke impacts on nearby communities;
(4) include an analysis of any reduction in wildfire risk,
including anticipated cost savings and savings resulting
from--
(A) a reduced wildfire risk to high-value resources; and
(B) a decrease in the unit costs of implementing ecological
restoration treatments over time;
(5) include estimates of--
(A) the amount of annual Federal funding necessary to
implement the proposed project; and
(B) the amount of non-Federal investment for carrying out
the proposed project that would be leveraged;
(6) describe the collaborative process described in
paragraph (2) through which the proposal was developed,
including a description of--
(A) participation by, or consultation with, State, local,
and Tribal governments; and
(B) any established record of successful collaborative
planning and implementation of prescribed fire projects on
National Forest System land and other land included in the
proposal by the collaborators;
(7) propose to benefit local economies by providing local
employment or training opportunities through contracts,
grants, or agreements for planning, design, implementation,
or monitoring with--
[[Page S1245]]
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships
with State, local, and nonprofit youth groups;
(C) existing or proposed small or micro businesses,
clusters, or incubators; or
(D) other entities that will hire or train local
individuals to complete those contracts, grants, or
agreements; and
(8) be subject to any other requirements that the Secretary
concerned determines to be necessary for the efficient and
effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal for a project shall be
submitted to the appropriate Regional Forester, State
Director, or other similar official.
(2) Nomination.--
(A) In general.--An official described in paragraph (1) may
nominate for selection by the Secretary concerned any
proposals received by the official under that paragraph that
meet the eligibility criteria described in subsection (b).
(B) Concurrence.--In the case of a proposal for a project
that involves activities on the land of both Secretaries
concerned, a nomination under subparagraph (A) shall include
the concurrence of the appropriate official for the
applicable land that is not under the jurisdiction of the
official nominating the proposal.
(3) Other land.--In the case of a proposal for a project
that involves activities on land that is not under the
jurisdiction of either Secretary concerned, a nomination
under paragraph (2)(A) shall include evidence that the
landowner intends to participate in, and provide appropriate
funding to carry out, the activities.
(4) State land.--In the case of a proposal for a project
that involves activities on State land, a nomination under
paragraph (2)(A) shall include a certification of the consent
of the applicable State official.
(d) Selection Process.--
(1) In general.--The Secretary concerned, in consultation
with the other Secretary concerned, shall select for
implementation proposals for projects--
(A) that have been nominated under subsection (c)(2);
(B) that meet the eligibility criteria described in
subsection (b); and
(C) in accordance with the prioritization criteria
established under section 101(c).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary concerned shall give special consideration to--
(A) the proposed projects most likely to succeed in
completing landscape restoration and uncharacteristic
wildfire risk reduction;
(B) the strength of the proposal, including the landscape
restoration strategy described in subsection (b)(1) of the
proposal;
(C) the strength of the ecological case of the proposal and
the proposed ecological restoration strategies under the
proposal;
(D) the strength of the collaborative process described in
subsection (b)(2) through which the proposal was developed
and the likelihood of successful collaboration throughout
implementation;
(E) the extent to which the proposal is likely to achieve
reductions in long-term wildfire risk and increased
protection of high-value resources;
(F) the extent to which an appropriate level of non-Federal
investment would be leveraged in carrying out the proposed
project; and
(G) ensuring geographic diversity of projects implemented
under this section.
(3) Limitation.--The Secretary concerned may select to be
funded during any fiscal year not more than the lesser of--
(A) 20 proposals under paragraph (1); and
(B) the number of proposals under paragraph (1) that the
Secretary concerned determines are likely to receive adequate
funding.
(e) Reporting.--
(1) Project reporting.--A recipient of financial assistance
to carry out a project under the program shall annually
submit to the Secretary concerned a report summarizing, at a
minimum, with respect to the year covered by the report--
(A) the number of acres of land 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 report.--Not later than 5 years after the first
fiscal year in which funding is made available to carry out
projects under the program, and every 5 years thereafter, the
Secretary concerned shall submit to the congressional
committees a report describing the program, including--
(A) the efficacy of the program;
(B)(i) the annual accomplishment targets set under
subsection (b)(3)(F) for each project; and
(ii) whether, and to what extent, the projects are meeting
those annual accomplishment targets;
(C) the completion of landscape restoration and
uncharacteristic wildfire risk reduction activities; and
(D) the number of projects completed.
(f) Limitations.--
(1) Total funding.--The Secretary concerned shall not
provide more than $20,000,000 in total funding for projects
under the program in any fiscal year.
(2) Project size limitation.--The Secretary concerned shall
not provide more than $1,000,000 for any 1 project under the
program in any fiscal year.
(3) Project sunset.--The Secretary concerned shall not
provide funding for a project under the program for a period
of more than 10 fiscal years.
(4) Project cancellation.--The Secretary concerned shall
cease funding any project under the program that, for 3
consecutive years, fails to meet the annual accomplishment
targets set under subsection (b)(3)(F).
(g) Funding.--Of the amounts made available under section
101(a), the Secretary concerned may use to carry out this
section not more than $10,000,000 for each of fiscal years
2027 through 2036.
(h) Sunset.--The Secretary concerned shall not approve a
new project under the program beginning on the first day of
the fiscal year that is 10 years after the fiscal year for
which the first project is authorized.
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--
(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 Secretary concerned 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 in accordance with
other applicable laws, regulations, and land management
plans.
(c) Subcontracts.--The Secretary concerned may authorize a
State, an Indian Tribe, or a county that enters into a
cooperative agreement or contract under subsection (b) to
enter into a subcontract to conduct a prescribed fire on
Federal land pursuant to that cooperative agreement or
contract, subject to any other terms and conditions that the
Secretary concerned determines to be appropriate.
(d) 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 beginning on the date on which the cooperative
agreement or contract is entered into.
SEC. 202. HUMAN RESOURCES.
(a) Prescribed Fire Workforce.--
(1) Increasing workforce retention.--
(A) Hazard pay.--Each Federal employee in any
classification series, as identified by the Secretaries, may
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,
when such employee carries out work on the site of a
prescribed fire directly related to the ignition, management,
and control of the prescribed fire.
(B) Incentive payments for fuels assignments.--The
Secretaries shall submit to the congressional committees a
joint report describing mechanisms to attract and retain a
skilled fuels workforce, including pay incentives that would
account for and offset the more competitive pay options
offered through wildfire suppression assignments.
(2) Dedicated prescribed fire task forces.--
(A) In general.--The Secretaries shall, not later than 180
days after the date of enactment of this Act, establish at
least 6 multiparty task forces of Federal employees and non-
Federal entities covering geographically diverse areas to
plan, lead, and support prescribed fire across ownership
boundaries that are priorities at the landscape, region,
State, or Federal level.
(B) Cooperative agreements.--The Secretaries may enter into
1 or more cooperative agreements to carry out this paragraph.
(3) Conversion of seasonal firefighters to permanent
employees.--Not later than 1 year after the date of enactment
of this Act, the Secretaries shall determine methods for
converting seasonal firefighters to permanent employees,
including the activities that the employees would be engaged
in to mitigate wildfire risk outside of the wildfire season.
(4) 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 or a violent crime (as defined by the
Secretaries, in consultation with the Attorney General and
State departments of corrections), 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.
(5) Veterans crews.--
(A) In general.--The Secretaries, in consultation with the
Secretary of Veterans Affairs, shall seek--
[[Page S1246]]
(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.
(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 5 prescribed fire
training programs or centers that offer training in
prescribed fire in geographically diverse areas where such a
program or center does not exist on the date of enactment of
this Act; and
(2) support the establishment of an Indigenous-led
prescribed fire and cultural burning training center operated
by an Indian Tribe or in partnership with Indian Tribes.
(c) Competencies for Firefighters.--The Secretaries, in
coordination with the Fire Executive Council, shall task the
National Wildfire Coordinating Group with the duty to adjust
training requirements to obtain a certification to serve in a
supervisory role for a prescribed fire and any other
positions determined to be necessary by the Secretaries--
(1) in order to reduce the time required to obtain such a
certification; and
(2) such that significant experience, gained exclusively
during a prescribed fire, is required to obtain such a
certification.
(d) 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 to be
included in prescribed fire and 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
applicable National Wildfire Coordinating Group standards as
eligible to be included in statewide participating
agreements.
SEC. 203. LIABILITY OF PRESCRIBED FIRE MANAGERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity'' means
an activity carried out on Federal land directly related to a
wildland fire, prescribed fire, or prescribed fire with
cultural objectives in the course of executing a Federal
action.
(2) Covered entity.--The term ``covered entity'' means 1 or
more persons acting on behalf of a Federal agency in the
service of the United States engaged in a covered activity,
if those 1 or more persons are acting--
(A) under the direct supervision of a Federal agency; and
(B) within the scope of a contract or agreement in carrying
out that covered activity.
(b) Indemnity of Federal and Tribal Employees.--The
Secretaries, in coordination with the Attorney General, shall
develop, for employees involved in covered activities, a
voluntary training course describing--
(1) liability protections afforded to those employees when
acting within the scope of their employment;
(2) the limits on any liability protections under paragraph
(1); and
(3) reimbursements available for qualified employees for
professional liability insurance under section 636 of
division A of Public Law 104-208 (5 U.S.C. prec. 5941 note).
(c) Indemnity of Other Cooperators.--
(1) In general.--Beginning on the date of enactment of this
Act, a covered entity shall be considered to be an employee
of the Federal Government for purposes of chapter 171 of
title 28, United States Code (commonly known as the ``Federal
Tort Claims Act''), while that covered entity is engaged in
covered activities.
(2) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretaries, in consultation with
the Attorney General, shall issue guidance on the necessary
provisions and implementation requirements for contracts or
agreements that would extend liability protections to covered
entities under paragraph (1).
(3) Reimbursement.--Beginning in the first fiscal year that
begins after the date of enactment of this Act, the
Secretaries shall request, through annual appropriations,
funds sufficient to reimburse the Treasury for any claims
paid during the prior fiscal year pursuant to paragraph (1).
(d) Effect.--Nothing in this section limits or otherwise
affects--
(1) the application of any statutory or judicial immunity
to Federal employees;
(2) the application of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act''), to Federal employees; or
(3) the application of section 314 of Public Law 101-512
(25 U.S.C. 5321 note).
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 wildfires and prescribed fires.
(2) Coordination among federal, tribal, and state air
quality agencies and federal, tribal, and state land
management agencies.--To facilitate the use of prescribed
fire on Federal, State, Tribal, and private land, 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.)--
(A) to the maximum extent practicable, to provide State,
Tribal, and local air quality agencies with guidance, data,
imagery, or modeling to support the development of
exceptional event demonstrations in accordance with sections
50.14 and 51.930 of title 40, Code of Federal Regulations (or
successor regulations);
(B) to develop archives and automated tools to provide
State, Tribal, and local air quality agencies with the data,
imagery, and modeling under subparagraph (A);
(C) to develop decision support tools for State, Tribal,
and local air quality agencies to assist in determining
whether an exceptional event demonstration, if the
Administrator of the Environmental Protection Agency concurs
with such demonstration, would have regulatory significance;
(D) to provide technical assistance, best practices, or
templates to States, Indian Tribes, and local governments for
use in approving the use of prescribed fire under a State,
Tribal, or local government smoke management program;
(E)(i) to promote basic smoke management practices and
other best practices to protect the public from wildland fire
smoke;
(ii) to disseminate information about basic smoke
management practices;
(iii) to educate 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; and
(iv) to share with the public, in coordination with other
public health agencies, information about measures that
individuals can take to protect themselves from wildland fire
smoke; and
(F) to develop guidance and tools to streamline the
demonstration of a clear causal relationship between
prescribed fire smoke and a related exceedance of a national
ambient air quality standard.
(3) Exceptional event demonstrations.--
(A) In general.--The appropriate State or Tribal air
quality agency (including any local air quality agency
delegated authority by a State) may develop and submit to the
Administrator of the Environmental Protection Agency an
exceptional event demonstration in accordance with sections
50.14 and 51.930 of title 40, Code of Federal Regulations (or
successor regulations), for a prescribed fire.
(B) Approval.--The Administrator of the Environmental
Protection Agency shall concur with an exceptional event
demonstration submitted under subparagraph (A) in accordance
with the requirements of sections 50.14 and 51.930 of title
40, Code of Federal Regulations (or successor regulations),
including that the applicable prescribed fire was not
reasonably controllable or preventable and that the
applicable prescribed fire was a human activity unlikely to
recur, if the State or Tribal air quality agency demonstrates
in that exceptional event demonstration that, at a minimum,
the applicable prescribed fire was--
(i) conducted in accordance with a State or Tribal smoke
management program or basic smoke management practices; and
(ii) consistent with a land or resource management plan
with a stated objective to establish, restore, or maintain a
sustainable and resilient ecosystem.
(C) Demonstration assistance for federal land.--For any
prescribed fire conducted on Federal land, the Secretary
concerned--
(i) shall assist with the development of an exceptional
event demonstration under subparagraph (A) on request of a
State or Tribal air quality agency; and
(ii) may develop and submit an exceptional event
demonstration under subparagraph (A) with the concurrence of
the applicable State or Tribal air quality agency.
(4) Programs and research.--To address the public health
and safety risk of the expanded use of prescribed fire under
this division, the Secretaries, 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;
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(B) smoke impact display tools for the public and
decisionmakers;
(C) appropriate, cost-effective, and consistent strategies
to mitigate the impacts of smoke from prescribed fire on
nearby communities;
(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) Inclusion of landscape-scale prescribed fire plans.--
The Secretary concerned shall, with respect to units of the
National Forest System or 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
prescribed fire plans.
(2) Environmental compliance.--In carrying out paragraph
(1), 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, including the environmental and economic
consequences of a landscape-scale prescribed fire relative to
a wildland fire.
(3) Collaborative development.--In carrying out paragraph
(1), the Secretary concerned shall collaborate with diverse
actors from academia, Forest Service and Bureau of Land
Management research and development programs, nongovernmental
organizations, cultural fire practitioners, and other
entities, as determined appropriate by the Secretary
concerned.
(4) Consultation with indian tribes.--The Secretary
concerned shall engage in government-to-government
consultation with Indian Tribes in complying with this
subsection.
(5) 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 describing the
progress of the Secretary concerned with respect to carrying
out this subsection.
SEC. 205. PRESCRIBED FIRE EDUCATION PROGRAM.
(a) In General.--The Secretaries 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
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; OTHER MATTERS
SEC. 301. ANNUAL REPORTS TO 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 to the National Fire Planning and
Operations Database (or a successor database) the prescribed
fire accomplishments of the State.
(c) Eligibility for Funds.--If, by December 31 of a
calendar year, a State has not submitted to the National Fire
Planning and Operations Database (or a successor database) a
report describing, at a minimum, the number of acres on which
uncharacteristic wildfire risk is effectively mitigated using
prescribed fire in the State, the State shall not be eligible
to receive any amounts made available under this division for
the previous fiscal year.
SEC. 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 the congressional committees a report describing
the activities carried out under this division.
SEC. 303. SAVINGS PROVISION.
Nothing in this division prevents or precludes the
Secretary concerned from continuing hazardous fuels
management activities authorized as of the date of enactment
of this Act.
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