II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prescribed Burn Ap5 proval Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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•S 1100 IS

1 (1) GRASSLAND FIRE DANGER INDEX.—The 

2 term ‘‘grassland fire danger index’’ means a system 

3 for classifying grassland fire danger according to a 

4 range of low to moderate to high to very high to ex5 treme, produced by the National Weather Service. 

6 (2) PRESCRIBED BURN.—The term ‘‘prescribed 

7 burn’’ means a planned fire intentionally ignited or 

8 a naturally occurring fire allowed to burn to meet 

9 management objectives authorized by law (including 

10 regulations). 

11 SEC. 3. LIMITATIONS ON PRESCRIBED BURNS. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), the head of a Federal agency shall not authorize a 

14 prescribed burn on Federal land if, for the county or con15 tiguous county in which the Federal land is located, any 

16 of the following conditions are present: 

17 (1) The grassland fire danger index indicates a 

18 high, very high, or extreme danger of grassland fire. 

19 (2) The Chief of the Forest Service has de20 clared a very high or extreme fire danger. 

21 (b) EXCEPTION.—The head of a Federal agency may 

22 authorize a prescribed burn under a condition described 

23 in subsection (a) if the head of the Federal agency obtains 

24 prior approval from the applicable State government and 

25 local fire officials. 


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1 (c) LIABILITY.— 

2 (1) IN GENERAL.—A head of a Federal agency 

3 that authorizes a prescribed burn shall be liable for 

4 any damage to private property caused by the pre5 scribed burn, notwithstanding chapter 171 of title 

6 28, United States Code (commonly known as the 

7 ‘‘Federal Tort Claims Act’’) or any State law. 

8 (2) DAMAGES.—The head of a Federal agency 

9 liable for damages under paragraph (1) shall pay the 

10 damages within 120 days of receipt of a substan11 tiated claim. 

12 (d) REPORT.—At the end of each fiscal year, the 

13 Chief of the Forest Service shall submit to Congress a re14 port describing— 

15 (1) the number and locations of prescribed 

16 burns during that fiscal year; and 

17 (2) each prescribed burn during that fiscal year 

18 that was authorized by the head of a Federal agency 

19 pursuant to subsection (b). 

Æ 


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