SEC. 204. PRESCRIBED FIRE CLAIMS FUND STUDY. 
(a) COMMISSIONING OF STUDY.—Not later than 1 
year after the date of enactment of this Act, the Secre-
taries, in coordination with the Director of the Office of 
Management and Budget, shall complete a study of the 
feasibility, design, and effectiveness of a national pre-
scribed fire claims fund (or similar mechanism) to increase 
the pace and scale of prescribed fire across all lands by 
multiple users and for multiple objectives. 
(b) ELEMENTS.—The study required under sub-
section (a) shall include an analysis of the following: 
(1) The feasibility at the national level of a 
claims fund or other mechanism to supplement, re-
place, or backstop private insurance for prescribed 
fire and adverse smoke impacts. 
(2) The design and administration of such a 
fund. 
(3) The effectiveness of a national claims fund 
or other mechanism to supplement, replace, or back-
stop private market insurance for non-Federal or 
State government prescribed fire practitioners. 
(4) The eligibility requirements for submission 
of claims to such a fund with an emphasis on equity 
and inclusivity of all types of prescribed fire practi-
tioners and methods of practice. 
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(5)(A) The role and influence of State liability 
laws on prescribed fire practitioner liability; 
(B) the impact of State liability laws on 
the availability and affordability of insurance 
for prescribed fire; and 
(C) how States may be incentivized to 
enact laws clearly establishing and reducing 
practitioner liability for civil suits and suppres-
sion and investigation cost recovery. 
SEC. 205. 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, in-
cluding impacts from smoke from wildfires and 
prescribed fires. 
(2) EXPENDITURE OF FUNDS.—The Secretaries 
may expend funding appropriated for hazardous fuel 
reduction to mitigate the impacts of smoke from 
prescribed fire. 
(3) COORDINATION AMONG FEDERAL, TRIBAL, 
AND STATE AIR QUALITY AGENCIES AND FEDERAL, 
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TRIBAL, AND
STATE
LAND
MANAGEMENT
AGEN-
CIES.—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.) to facilitate the use of pre-
scribed fire on Federal land and State, Tribal, and 
private land, including by— 
(A) streamlining the decision-making proc-
ess for approving the use of prescribed fire 
under a State, Tribal, or local government 
smoke management program; and 
(B)(i) promoting basic smoke management 
practices; 
(ii) disseminating information about 
basic smoke management practices; and 
(iii) educating landowners that use 
prescribed fire about the importance of— 
(I) using basic smoke manage-
ment practices; and 
(II) including basic smoke man-
agement practices as a component of 
a prescribed fire plan. 
(4) EXCEPTIONAL EVENT DEMONSTRATIONS.— 
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(A) REQUIREMENT TO SEEK EXCEPTIONAL 
EVENT DEMONSTRATION.—Subject to subpara-
graph (C), the appropriate State or Tribal air 
quality agency shall develop and submit to the 
Administrator of the Environmental Protection 
Agency a demonstration in accordance with sec-
tion 50.14 of title 40, Code of Federal Regula-
tions (or successor regulations), if— 
(i) the Secretary, the Secretary of Ag-
riculture, a State land management agen-
cy, or an Indian Tribe conducts a pre-
scribed fire on Federal land, Tribally 
owned fee land, or State land, as applica-
ble, in accordance with a State or Tribal 
smoke management program that incor-
porates basic smoke management prac-
tices; and 
(ii) the prescribed fire described in 
clause (i) contributes to an exceedance or 
other violation of a national ambient air 
quality standard under section 109 of the 
Clean Air Act (42 U.S.C. 7409), as meas-
ured using a Federal reference monitor or 
an equivalent method. 
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(B) DEMONSTRATION
ASSISTANCE.—For 
an exceedance or other violation described in 
clause (ii) of subparagraph (A), the Secretary 
or Secretary of Agriculture, with the concur-
rence of the State or Tribal air quality agency, 
shall assist with the development of the dem-
onstration under that subparagraph. 
(C) SAVINGS
PROVISION.—Subparagraph 
(A) shall not apply if the exceedance or other 
violation described in clause (ii) of that sub-
paragraph is the result of— 
(i) a violation of a smoke management 
program; 
(ii) a failure to use basic smoke man-
agement practices; or 
(iii) a violation of permit conditions 
relating to the protection of air quality and 
public health. 
(5) EXEMPTION
FOR
LARGE
PRESCRIBED 
FIRES.— 
(A) FEDERAL LAND MANAGEMENT AGENCY 
EXEMPTION.—Consistent with subsection (b) of 
section 118 of the Clean Air Act (42 U.S.C. 
7418), a prescribed fire conducted on Federal 
land by the Secretary or the Secretary of Agri-
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culture that burns more than 1,000 acres per 
day shall be deemed to be in the paramount in-
terest of the United States and shall be exempt 
from requirements with respect to the control of 
pollution from Federal facilities under that Act 
(42 U.S.C. 7401 et seq.) if the Secretary or the 
Secretary of Agriculture determines that the 
prescribed fire— 
(i) will be conducted in an area where 
the terrain or fuel load makes the area in-
accessible or unsafe for firefighting per-
sonnel; 
(ii) is necessary to reduce hazardous 
fuels; 
(iii) will be conducted to minimize 
smoke impacts on populated areas through 
the use of basic smoke management prac-
tices; and 
(iv) will be conducted under a smoke 
management program, if applicable. 
(B) STATE EXEMPTION.—If the Secretary 
concerned conducts a prescribed fire that is 
deemed to be in the paramount interest of the 
United States under subparagraph (A) on Fed-
eral land, a prescribed fire conducted by a State 
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land management agency on State or private 
land that is contiguous to that Federal land 
shall be exempt from any applicable national 
ambient air quality standards under section 109 
of the Clean Air Act (42 U.S.C. 7409). 
(C) TRIBAL EXEMPTION.—Consistent with 
subsection (b) of section 118 of the Clean Air 
Act (42 U.S.C. 7418), a prescribed fire con-
ducted on Tribal land by, or in accordance with 
an agreement with, an Indian Tribe that burns 
more than 1,000 acres per day shall be deemed 
to be in the paramount interest of the United 
States and shall be exempt from requirements 
with respect to the control of pollution from 
Federal facilities under that Act (42 U.S.C. 
7401 et seq.) if the Indian Tribe determines 
that the prescribed fire— 
(i) will be conducted in an area where 
the terrain or fuel load makes the area in-
accessible or unsafe for firefighting per-
sonnel; 
(ii) is necessary to reduce hazardous 
fuels; 
(iii) will be conducted to minimize 
smoke impacts on populated areas through 
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the use of basic smoke management prac-
tices; and 
(iv) will be conducted under a smoke 
management program, if applicable. 
(D) SAVINGS PROVISION.—Consistent with 
section 118(b) of the Clean Air Act (42 U.S.C. 
7418(b))— 
(i) an exemption granted under this 
paragraph shall apply to the applicable en-
tity for a period of not more than 1 year; 
and 
(ii) on a new determination of the 
Secretary, the Secretary of Agriculture, or 
an Indian Tribe under subparagraph (A) 
or (C), as applicable, additional exemptions 
under this paragraph may be granted for 
subsequent periods after the expiration of 
the exemption described in clause (i), each 
of which shall apply for a period of not 
more than 1 year. 
(6) STATE AND TRIBAL STANDARDS.— 
(A) APPROVAL
OF
STATE
OR
TRIBAL 
STANDARDS.—Notwithstanding section 110 of 
the Clean Air Act (42 U.S.C. 7410), when ap-
proving a State or Tribal implementation plan 
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under that section, the Administrator of the 
Environmental Protection Agency may not ap-
prove any standards with respect to— 
(i) preventing nuisance impacts that 
result from prescribed fires that incor-
porate basic smoke management practices; 
or 
(ii) criteria pollutants that result from 
prescribed fires that are more stringent 
than what is required to meet the national 
ambient air quality standards for those 
pollutants under section 109 of that Act 
(42 U.S.C. 7409), as measured using a 
Federal reference monitor or an equivalent 
method. 
(B) STATE AND TRIBAL ENFORCEMENT.— 
A State or an Indian Tribe may not enforce 
standards in a State or Tribal implementation 
plan that was approved under the Clean Air Act 
(42 U.S.C. 7401 et seq.) before the date of en-
actment of this Act with respect to— 
(i) preventing nuisance impacts that 
result from prescribed fires that incor-
porate basic smoke management practices; 
or 
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(ii) criteria pollutants that result from 
prescribed fires that are more stringent 
than what is required to meet the national 
ambient air quality standards for those 
pollutants under section 109 of that Act 
(42 U.S.C. 7409), as measured using a 
Federal reference monitor or an equivalent 
method. 
(C) AMENDMENT
TO
ANTI-BACKSLIDING 
PROVISION.—If a State or Tribal implementa-
tion plan under section 110 of the Clean Air 
Act (42 U.S.C. 7410) is revised to include a 
smoke management program for prescribed 
fires in that implementation plan, subsection (l) 
of that section shall not apply with respect to 
that revision. 
(7) EVALUATION.—The Secretary or the Sec-
retary of Agriculture, as applicable, shall conduct an 
evaluation to facilitate learning new approaches for 
predicting and preventing exceedances during subse-
quent prescribed fires if the Secretary or the Sec-
retary of Agriculture— 
(A) conducts a prescribed fire on Federal 
land— 
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(i) for which a demonstration is devel-
oped and submitted under paragraph 
(4)(A); or 
(ii) that is subject to an exemption 
under paragraph (5)(A); and 
(B) the prescribed fire described in sub-
paragraph (A) contributes to an exceedance of 
a national ambient air quality standard under 
section 109 of the Clean Air Act (42 U.S.C. 
7409). 
(8) PROGRAMS
AND
RESEARCH.—To address 
the public health and safety risk of the expanded use 
of prescribed fire under this Act, the Secretary of 
Agriculture and the Secretary, 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; 
(B) smoke impact display tools for the 
public and decisionmakers; 
(C) appropriate, cost-effective, and con-
sistent mitigation strategies for communities 
impacted adversely by smoke from prescribed 
fire; 
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(D) consistent nationally and scientifically 
supported messages regarding personal protec-
tion 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) DEFINITION OF SECRETARY CONCERNED.— 
In this subsection, the term ‘‘Secretary concerned’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to a unit of the National Forest System; 
and 
(B) the Secretary, with respect to a Bu-
reau of Land Management district. 
(2) INCLUSION
OF
LANDSCAPE-SCALE
PRE-
SCRIBED
FIRE
PLANS.—The Secretary concerned 
shall, with respect to units of the National Forest 
System and 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 pre-
scribed fire plans; and 
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(B) not later than 2 years after the date 
of enactment of this Act— 
(i) determine whether each plan de-
scribed in subparagraph (A) requires revi-
sion; 
(ii) establish a schedule for the revi-
sion of each plan described in subpara-
graph (A) that requires revision; and 
(iii) develop landscape-scale prescribed 
fire plans for any units or districts that do 
not have landscape-scale fire plans. 
(3) ENVIRONMENTAL
COMPLIANCE.—In car-
rying out paragraph (2), 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. 
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(4) COLLABORATIVE
DEVELOPMENT.—In car-
rying out paragraph (2), the Secretary concerned 
shall collaborate with diverse actors from academia, 
the Forest Service and Bureau of Land Management 
research and development, nongovernmental organi-
zations, cultural fire practitioners, and other enti-
ties, as determined appropriate by the Secretary 
concerned. 
(5) CONSULTATION WITH INDIAN TRIBES.—The 
Secretary concerned shall engage in government-to- 
government consultation with Indian Tribes in com-
plying with this subsection. 
(6) REPORTS.—Not later than 1 year after the 
date of enactment of this Act, and annually there-
after, the Secretary concerned shall submit to Con-
gress a report on the progress of the Secretary con-
cerned with respect to carrying out this subsection. 
SEC. 206. PRESCRIBED FIRE EDUCATION PROGRAM. 
(a) IN GENERAL.—The Secretary of Agriculture, act-
ing through the Chief of the Forest Service, and the Sec-
retary, acting through the Director of the Office of 
Wildland Fire, shall carry out a national prescribed fire 
education program focused on fire ecology and prescribed 
fire planning and implementation. 
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(b) PROGRAM ELEMENTS.—A prescribed fire edu-
cation program authorized under subsection (a) may in-
clude— 
(1) public service advertisements; 
(2) the use of social media; 
(3) campaign and educational activities and ma-
terials; 
(4) commercial licensing; 
(5) character images and appearances; and 
(6) awards and recognition. 
TITLE III—REPORTING 
SEC. 301. ANNUAL REPORTS TO THE NATIONAL FIRE PLAN-
NING AND OPERATIONS DATABASE. 
(a) PURPOSE.—The purpose of this section is to en-
sure an accurate reporting of annual prescribed fire ac-
complishments in the United States. 
(b) COST-SHARE.—Subject to the availability of ap-
propriations, the Secretary may provide financial assist-
ance to States to pay a portion of the costs associated 
with annually reporting prescribed fire accomplishments. 
(c) ELIGIBILITY FOR FUNDS.—If, by December 31 
of each year, a State has not reported to the National Fire 
Planning and Operations Database, at a minimum, the 
number of acres mitigated using prescribed fire in the 
State, the State shall not be eligible to receive any 
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amounts made available under this Act 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 Congress a report on the activities carried 
out under this Act. 
Æ 
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