I 
114TH CONGRESS 
2D SESSION 
H. R. 6029 
To require State and local government approval of prescribed burns on 
Federal land during conditions of drought or fire danger. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2016 
Mrs. NOEM (for herself and Mr. CRAMER) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
the Committee on Agriculture, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prescribed Burn Ap-
proval Act of 2016’’. 
SEC. 2. PRESCRIBED BURN APPROVAL. 
(a) DEFINITIONS.—In this section: 
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(1) NATIONAL
FIRE
DANGER
RATING
SYS-
TEM.—The term ‘‘national fire danger rating sys-
tem’’ 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. 
(b) LIMITATIONS ON PRESCRIBED BURNS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), 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 Fed-
eral land is located, the national fire danger rating 
system indicates an extreme fire danger level. 
(2) EXCEPTION.—The head of a Federal agen-
cy may authorize a prescribed burn under a condi-
tion described in paragraph (1) if the head of the 
Federal agency coordinates with the applicable State 
government and local fire officials. 
(3) LIABILITY.— 
(A) IN GENERAL.—If the head of a Fed-
eral agency authorizes a prescribed burn, the 
United States shall be liable for any damage to 
private property caused by the prescribed burn, 
notwithstanding chapter 171 of title 28, United 
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States Code (commonly known as the ‘‘Federal 
Tort Claims Act’’) or any State law. 
(B) DAMAGES.—If the United States is de-
termined to be liable for damages under sub-
paragraph (A), the United States shall pay the 
damages within 120 days of receipt of a sub-
stantiated claim. 
(4) REPORT.—At the end of each fiscal year, 
the Chief of the Forest Service shall submit to Con-
gress a report describing— 
(A) the number and locations of prescribed 
burns during that fiscal year; and 
(B) each prescribed burn during that fiscal 
year that was authorized by the head of a Fed-
eral agency pursuant to paragraph (2). 
Æ 
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