```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1100

 To require State and local government approval of prescribed burns on 
       Federal land during conditions of drought or fire danger.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2015

   Mr. Thune introduced the following bill; which was read twice and 
 referred sequentially to the Committee on Agriculture, Nutrition, and 
  Forestry by unanimous consent with instructions that if the bill is 
 reported by that Committee, the bill be referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To require State and local government approval of prescribed burns on 
       Federal land during conditions of drought or fire danger.

    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 
2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Grassland fire danger index.--The term ``grassland fire 
        danger index'' means a system for classifying grassland fire 
        danger according to a range of low to moderate to high to very 
        high to extreme, produced by the National Weather Service.
            (2) Prescribed burn.--The term ``prescribed burn'' means a 
        planned fire intentionally ignited or a naturally occurring 
        fire allowed to burn to meet management objectives authorized 
        by law (including regulations).

SEC. 3. LIMITATIONS ON PRESCRIBED BURNS.

    (a) In General.--Except as provided in subsection (b), the head of 
a Federal agency shall not authorize a prescribed burn on Federal land 
if, for the county or contiguous county in which the Federal land is 
located, any of the following conditions are present:
            (1) The grassland fire danger index indicates a high, very 
        high, or extreme danger of grassland fire.
            (2) The Chief of the Forest Service has declared a very 
        high or extreme fire danger.
    (b) Exception.--The head of a Federal agency may authorize a 
prescribed burn under a condition described in subsection (a) if the 
head of the Federal agency obtains prior approval from the applicable 
State government and local fire officials.
    (c) Liability.--
            (1) In general.--A head of a Federal agency that authorizes 
        a prescribed burn shall be liable for any damage to private 
        property caused by the prescribed burn, notwithstanding chapter 
        171 of title 28, United States Code (commonly known as the 
        ``Federal Tort Claims Act'') or any State law.
            (2) Damages.--The head of a Federal agency liable for 
        damages under paragraph (1) shall pay the damages within 120 
        days of receipt of a substantiated claim.
    (d) Report.--At the end of each fiscal year, the Chief of the 
Forest Service 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 head of a Federal agency pursuant to 
        subsection (b).
                                 <all>
```