I 
117TH CONGRESS 
1ST SESSION H. R. 3442 
To direct the Secretary of the Interior and the Secretary of Agriculture 
to encourage and expand the use of prescribed fire on land managed 
by the Department of the Interior or the Forest Service, with an empha-
sis on units of the National Forest System in the western United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Ms. SCHRIER (for herself, Mr. SIMPSON, and Mr. SCHRADER) introduced the 
following bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committees on Agriculture, Energy and Com-
merce, and the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of the Interior and the Secretary 
of Agriculture to encourage and expand the use of pre-
scribed fire on land managed by the Department of the 
Interior or the Forest Service, with an emphasis on 
units of the National Forest System in the western 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Prescribed Fire Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—USE OF FUNDS 
Sec. 101. Prescribed fire accounts. 
Sec. 102. Policies and practices. 
Sec. 103. Collaborative prescribed fire program. 
Sec. 104. Large cross-boundary prescribed fire incentive program. 
TITLE II—FACILITATING IMPLEMENTATION AND OUTREACH 
Sec. 201. Cooperative agreements and contracts. 
Sec. 202. Human resources. 
Sec. 203. Liability of certified prescribed fire managers. 
Sec. 204. Environmental review. 
Sec. 205. Prescribed fire education program. 
TITLE III—REPORTING; TERMINATION 
Sec. 301. Annual reports to the National Fire Planning and Operations Data-
base. 
Sec. 302. Termination date. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) in 2018, the Forest Service Fire Modeling 
Institute determined that 63,070,000 acres of Na-
tional Forest System land and 171,200,000 acres of 
other forest land were at high or very high risk of 
experiencing a wildfire that would be difficult to sup-
press; 
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(2) according to the National Interagency Co-
ordination Center, between 2009 and 2018, in the 
United States, on average— 
(A) 67,000 wildfires burned 7,000,000 
acres annually; and 
(B) 86,345 prescribed fires burned only 
3,000,000 acres annually; 
(3) indigenous communities have used con-
trolled burns to manage landscapes since time imme-
morial; 
(4) according to the National Interagency Co-
ordination Center, the annual cost of suppressing 
wildfires in a State with an active prescribed burn-
ing program is less than 1 percent of the annual 
cost of suppressing wildfires in a State without an 
active prescribed burning program, despite each 
State having the same number of wildfires; 
(5) according to a 2017 study published in the 
Journal of Forestry, on a given acre, a prescribed 
fire burning in April or May produces less than 1⁄5 
of the smoke emissions of a wildfire that would burn 
on that acre in August; 
(6) according to a 2019 study conducted by 
Stanford University, smoke from prescribed fires ex-
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poses children to fewer negative health effects than 
the detrimental smoke generated by wildfires; 
(7) according to a 2015 study published in 
Ecology, trees that have not been burnt by a low-in-
tensity fire are unusually prone to bark beetle at-
tacks, and between 2000 and 2010, bark beetles 
killed the majority of trees on 32,000,000 acres of 
the 193,000,000 acres of National Forest System 
land; 
(8) as of September 30, 2019, there were— 
(A) 37 prescribed fire councils in 33 
States; and 
(B) 64 prescribed burn associations in 11 
States; 
(9) according to the 2018 National Prescribed 
Fire Use Survey Report— 
(A) 37 States regulate prescribed fires by 
issuing burn permits; 
(B) 23 States offer prescribed burn man-
ager certification courses to facilitate respon-
sible burning on private land; 
(C) only 5 States (Vermont, Massachu-
setts, Missouri, Connecticut, and Rhode Island) 
lack laws to reduce liability associated with the 
responsible use of prescribed fire; and 
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(D) only 8 States (Florida, Montana, Ne-
vada, Colorado, Michigan, Georgia, South Caro-
lina, and Washington) have laws that use a 
standard of gross negligence for determining li-
abilities for the responsible use of prescribed 
fire; and 
(10) as of September 30, 2019, 31 States have 
a formal process to track the number of acres treat-
ed for forestry purposes using prescribed fire. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) public land (as defined in section 103 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702)); 
(B) units of the National Park System; 
(C) units of the National Wildlife Refuge 
System; 
(D) land held in trust by the United States 
for the benefit of Indian Tribes or members of 
an Indian Tribe; and 
(E) land in the National Forest System. 
(2) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
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the term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(3) PRESCRIBED FIRE.—The term ‘‘prescribed 
fire’’ means a fire deliberately ignited to burn 
wildland fuels in a natural or modified state— 
(A) under specified environmental condi-
tions that allow the fire to be confined to a pre-
determined area and produce the fireline inten-
sity and rate of spread required to attain 
planned resource management objectives; and 
(B) in accordance with applicable law, in-
cluding applicable regulations. 
(4) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary; and 
(B) the Secretary of Agriculture. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
TITLE I—USE OF FUNDS 
SEC. 101. PRESCRIBED FIRE ACCOUNTS. 
(a) DEFINITION OF SECRETARY CONCERNED.—In 
this section, the term ‘‘Secretary concerned’’ means— 
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(1) the Secretary of Agriculture, with respect to 
an account established by this section for the De-
partment of Agriculture; and 
(2) the Secretary, with respect to an account 
established by this section for the Department of the 
Interior. 
(b) ESTABLISHMENT OF ACCOUNTS.—There are es-
tablished in the Treasury of the United States the fol-
lowing accounts: 
(1) The Prescribed Fire account for the De-
partment of Agriculture. 
(2) The Prescribed Fire account for the De-
partment of the Interior. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for fiscal year 2022 and 
each fiscal year thereafter for the accounts established by 
subsection (b) such sums as are necessary to carry out 
this section, not to exceed $300,000,000. 
(d) PRESIDENTIAL BUDGET REQUESTS.—For fiscal 
year 2023 and each fiscal year thereafter, each Secretary 
concerned shall submit, through the budget request of the 
President, a request for amounts in the Wildland Fire 
Management appropriation account of the Secretary con-
cerned to carry out the activities described in subsection 
(e). 
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(e) AUTHORIZED ACTIVITIES.—The Secretary con-
cerned shall use amounts in the accounts established by 
subsection (b) as follows: 
(1) The Secretary concerned shall— 
(A) develop a prescribed fire plan, carry 
out necessary environmental review, conduct 
outreach to the public, Indian Tribes, and adja-
cent landowners, and implement a prescribed 
fire on Federal land; 
(B) hire additional personnel and procure 
additional equipment, including unmanned aer-
ial systems equipped with an aerial ignition sys-
tem, to implement a greater number of pre-
scribed fires; 
(C) provide training for the implementa-
tion of a prescribed fire; 
(D) conduct post-prescribed fire activities, 
including reseeding to prevent the spread of 
invasive species; and 
(E) conduct monitoring for safety and fire 
effects. 
(2) The Secretaries shall coordinate to jointly 
develop a common data management and analysis 
system for planning and post-treatment account-
ability. 
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(3) The Secretary concerned may assist State, 
Tribal, local government, or private prescribed fire 
programs— 
(A) to provide federally sponsored insur-
ance administered by States, in conjunction 
with State-sponsored training and certification 
programs, for private persons implementing 
prescribed fires; 
(B) to establish a training or certification 
program for teams comprised of citizens or 
local fire services to conduct prescribed fires on 
private land, consistent with any standards de-
veloped by the National Wildfire Coordinating 
Group or State prescribed fire standards; 
(C) to enable additional fire managers and 
apparatus, whether provided by the local re-
sources of an agency, private contractors, non-
governmental organizations, Indian Tribes, local 
fire services, or qualified individuals, to be 
present while implementing a prescribed fire; 
(D) pursuant to the memorandum of 
agreement authorized under section 203; or 
(E) to finance the implementation of a pre-
scribed fire on State, Tribal, or private land 
and any post-prescribed fire activities as are de-
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termined to be necessary by the Secretary con-
cerned. 
(4) The Secretary concerned may provide tech-
nical or financial assistance to a prescribed fire 
council or prescribed burn association for the estab-
lishment or operation of the council or association. 
(5) The Secretary may provide funding for the 
collaborative prescribed fire program established 
under section 103. 
(6) The Secretary may provide funding for the 
large cross-boundary prescribed fire program estab-
lished under section 104. 
(f) PRIORITIZATION OF FUNDING.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary concerned shall coordinate with Fed-
eral, State, and local agencies, Indian Tribes, and 
qualified nongovernmental organizations, including 
through the Wildland Fire Leadership Council, to 
establish prioritization criteria for expending funds 
under this section for each activity described in sub-
section (e). 
(2) REQUIREMENT.—In establishing criteria 
under paragraph (1), the Secretary concerned shall 
give priority to a project that is— 
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(A) implemented across a large contiguous 
area; 
(B) cross-boundary in nature; 
(C) in an area that is threatening to, or lo-
cated in, the wildland-urban interface; 
(D) in an area identified as a priority area 
in a statewide forest resource assessment; 
(E) on acres at high or very high risk of 
experiencing a wildfire that would be difficult to 
suppress; 
(F) in an area that is designated as critical 
habitat and in need of ecological restoration or 
enhancement; or 
(G) supportive of potential operational de-
lineations or a strategic response zone. 
SEC. 102. POLICIES AND PRACTICES. 
(a) IN GENERAL.—The Secretaries shall significantly 
increase the number and size of prescribed fires conducted 
on Federal land. 
(b) USE OF FUNDS FOR PRESCRIBED FIRES.—From 
amounts appropriated to carry out the activity described 
in section 101(e)(1), the Secretaries may carry out pre-
scribed fires on not more than 20,000,000 acres of Fed-
eral land per year. 
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(c) REQUIRING MINIMUM ACREAGE.—Subject to the 
availability of appropriations, the Secretaries shall carry 
out prescribed fires annually on at least 1,000,000 acres 
of Federal land. 
(d) INCREASE IN FAMILIARITY WITH PRESCRIBED 
FIRES IN LOCAL UNITS.—Subject to the availability of 
appropriations, not later than September 30, 2023, the 
Secretaries shall each have carried out a minimum of 1 
prescribed fire on each unit of the National Forest Sys-
tem, unit of the National Wildlife Refuge System, unit of 
the National Park System, and Bureau of Land Manage-
ment district under the jurisdiction of the Secretaries— 
(1) that includes an area that— 
(A) has a historical low-severity fire re-
gime; 
(B) has a historical fire-return interval of 
not more than 35 years; and 
(C) is larger than 100 acres; and 
(2) less than 50 percent of the land of which 
was burned by a wildland fire during the previous 
10-year period. 
SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish 
within the Department of the Interior a collaborative pre-
scribed fire program (referred to in this section as the 
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‘‘program’’) to provide financial assistance to eligible enti-
ties, including units of Federal land management agencies, 
Indian Tribes, and prescribed fire councils, for the imple-
mentation of proposals for the conduct of prescribed fires 
in priority landscapes in accordance with applicable exist-
ing policies, including the National Cohesive Wildland Fire 
Management Strategy. 
(b) PROPOSAL CRITERIA.—To be eligible for selection 
for the program, a proposal shall— 
(1) identify and prioritize planned prescribed 
fires for a 6-year period within a landscape; 
(2) establish annual accomplishment targets for 
prescribed fires under the proposal; 
(3) be developed through a collaborative proc-
ess; 
(4) be implemented across multiple jurisdic-
tions; 
(5) provide an estimate of— 
(A) the amount of annual Federal financial 
assistance necessary to implement the proposal; 
and 
(B) the amount of non-Federal funds that 
would be leveraged; 
(6) describe benefits to sensitive wildlife species 
of concern; and 
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(7) describe any established record of successful 
collaborative planning or use of prescribed fire by 
the eligible entity. 
(c) SELECTION CRITERIA.—Subject to the avail-
ability of appropriations, the Secretary shall select pro-
posals for financial assistance under the program that, as 
determined by the Secretary, would likely use the least 
amount of Federal funding to treat the most acres at high 
or very high risk of experiencing a wildfire that would be 
difficult to suppress. 
(d) LIMITATIONS.— 
(1) NUMBER
OF
PROJECTS.—The Secretary 
may select not more than 20 proposals to be funded 
under the program in any fiscal year. 
(2) PROJECT
FUNDING.—The Secretary may 
not provide more than $1,000,000 of Federal funds 
under the program to any 1 project in a fiscal year. 
(3) PROJECT
PERFORMANCE.—The Secretary 
shall cease funding any proposal that, for 3 consecu-
tive years, fails to meet the annual accomplishment 
targets that were established under subsection 
(b)(2). 
(e) PRESCRIBED FIRE TRAINING EXCHANGES.—Not 
less frequently than once every 3 years, a recipient of fi-
nancial assistance under the program shall provide to local 
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entities and non-local entities experiential training relating 
to prescribed fires. 
(f) REPORTING.— 
(1) PROJECT
REPORTING.—A recipient of fi-
nancial assistance under the program shall annually 
submit to the Secretary a report summarizing, at a 
minimum— 
(A) the numbers of acres treated with pre-
scribed fire by the recipient under the program; 
and 
(B) the amount of Federal and non-Fed-
eral funds used by the recipient under the pro-
gram. 
(2) PROGRAM REPORTING.—Not later than 2 
years after the first fiscal year in which funding is 
made available to carry out prescribed fires under 
the program, and every 2 years thereafter, the Sec-
retary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representa-
tives a report on the program. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2022 through 2031, 
to remain available until expended. 
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SEC. 104. LARGE CROSS-BOUNDARY PRESCRIBED FIRE IN-
CENTIVE PROGRAM. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary shall establish an incentive 
program to encourage the implementation of large, cross- 
boundary prescribed fires by providing incentive payments 
for conducting a qualified prescribed fire. 
(b) QUALIFIED PRESCRIBED FIRES.— 
(1) CRITERIA.—A qualified prescribed fire 
under the program under this section is a prescribed 
fire that— 
(A) occurred on not less than 2 parcels of 
land that were under different ownership; 
(B) had a target area identified in a pre-
scribed fire plan of not less than 50,000 acres; 
and 
(C) is on land under Federal, State, or 
local government ownership. 
(2) MULTIPLE FIRES.—The Secretary may con-
sider a series of prescribed fires conducted within 1 
fiscal year by the same 1 or more entities to be a 
qualified prescribed fire under the program under 
this section if the series of fires collectively meet the 
criteria under paragraph (1). 
(c) PAYMENTS.— 
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(1) STATE
AND
COUNTY
INCENTIVE
PAY-
MENTS.—The Secretary shall make payments to the 
State and county in which a qualified prescribed fire 
was implemented in an amount not greater than 
$100,000. 
(2) NATIONAL FOREST SYSTEM LAND.—In the 
case of each qualified prescribed fire on a unit of the 
National Forest System, the Secretary shall transfer 
to the Secretary of Agriculture, acting through the 
Chief of the Forest Service, an amount not greater 
than $100,000, which shall be used for that unit of 
the National Forest System. 
(3) OTHER
FEDERAL
LAND.—In the case of 
each qualified prescribed fire on land under the ju-
risdiction of the Secretary, the Secretary shall in-
crease the funding allocation to the agency of the 
Department of the Interior that manages the land in 
an amount not greater than $100,000. 
(4) INDIAN
COUNTRY.—In the case of each 
qualified prescribed fire in Indian country (as de-
fined in section 1151 of title 18, United States 
Code), the Secretary shall make a payment to the 
applicable Indian Tribe in an amount not greater 
than $100,000. 
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TITLE II—FACILITATING IMPLE-
MENTATION AND OUTREACH 
SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means a State, an Indian 
Tribe, a county or municipal government, a fire district, 
a nongovernmental organization, including the Nature 
Conservancy, or a private entity. 
(b) AUTHORIZATION.—The Secretaries 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. 
(c) SUBCONTRACTS.—A State, Indian Tribe, or coun-
ty that enters into a cooperative agreement or contract 
under subsection (b) may enter into a subcontract, in ac-
cordance with applicable contracting procedures of the 
State, Indian Tribe, or county, to conduct a prescribed 
fire on Federal land pursuant to that cooperative agree-
ment or contract. 
(d) AGENT OF SECRETARY.—A cooperative agree-
ment or contract entered into under subsection (b) may 
authorize the eligible entity to serve as the agent for the 
Secretary or the Secretary of Agriculture in coordinating, 
planning, or conducting a prescribed fire— 
(1) on Federal land; or 
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(2) across an area that— 
(A) includes adjacent landowners; and 
(B) includes Federal land. 
(e) INDEMNITY REQUIREMENTS.—Each eligible enti-
ty contracted for implementing a prescribed fire shall pro-
cure and maintain sufficient indemnity insurance during 
the entire period of performance under the cooperative 
agreement or contract entered into under this section. 
(f) APPLICABLE LAW.—A prescribed fire conducted 
under this section shall be carried out on a project-to- 
project basis under existing authorities of the applicable 
agency responsible for the management of the Federal 
land. 
(g) PRESERVATION OF DECISION AUTHORITY.—No 
project authorized under this section may be undertaken 
without the prior written approval of the Secretary or the 
Secretary of Agriculture. 
(h) LONG-TERM CONTRACTS.—A cooperative agree-
ment 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. 
SEC. 202. HUMAN RESOURCES. 
(a) PRESCRIBED FIRE WORKFORCE.— 
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(1) TRAINING.—The Secretaries shall hire addi-
tional employees and provide training and develop-
ment activities, including through partnerships with 
community colleges, to increase the number of 
skilled and qualified prescribed fire practitioners in 
the Department of the Interior, the Department of 
Agriculture, Indian Tribes, and other qualified orga-
nizations, including training in smoke management 
practices. 
(2) TEMPORARY WORKERS.— 
(A) IN GENERAL.—The Director of the Of-
fice of Personnel Management shall provide to 
the Secretaries direct hire authority in accord-
ance with section 3304(a)(3) of title 5, United 
States Code, to appoint qualified individuals to 
positions performing temporary or emergency 
work relating to prescribed fires, including 
training, implementation, and post-prescribed 
burning activities. 
(B) TERM OF EMPLOYMENT.—The term of 
the appointment of an individual under sub-
paragraph (A) shall be restricted to a period 
that— 
(i) begins not more than 72 hours 
prior to planned ignition; and 
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(ii) ends not more than 72 hours after 
the prescribed fire has stopped burning. 
(3) OVERTIME PAYMENTS.— 
(A) 
PURPOSE.—The 
purpose 
of 
the 
amendment made by subparagraph (B) is to 
allow the Secretaries to use additional new 
budget authority for wildfire suppression for the 
cost of overtime payments to employees imple-
menting a prescribed fire. 
(B) 
AMENDMENT.—Section 
251(b)(2)(F)(ii)(II) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901(b)(2)(F)(ii)(II)) is amended— 
(i) in item (bb), by striking ‘‘and’’ at 
the end; 
(ii) in item (cc), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(dd) overtime payments to 
employees implementing a pre-
scribed fire (as defined in section 
3 of the National Prescribed Fire 
Act of 2021).’’. 
(4) DEDICATED PRESCRIBED FIRE CREWS.— 
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(A) IN
GENERAL.—The Secretaries shall 
establish not fewer than 1 crew of Federal em-
ployees the primary responsibility of which is 
implementing prescribed fires. 
(B) TERM
OF
EMPLOYMENT.—Notwith-
standing section 213.104 or 316.401 of title 5, 
Code of Federal Regulations (or successor regu-
lations), an employee of a crew established 
under subparagraph (A) may— 
(i) be hired as a seasonal employee or 
temporary employee; and 
(ii) work more than 1,040 hours per 
year. 
(C) PERMANENT
PRESCRIBED
FIRE
EM-
PLOYEES.—The Secretaries may noncompeti-
tively convert a Federal seasonal employee of a 
crew established under this paragraph to a Fed-
eral permanent employee, subject to paragraph 
(5). 
(5) CONVERSION OF SEASONAL FIREFIGHTERS 
TO PERMANENT EMPLOYEES.—The Secretaries may 
noncompetitively convert a Federal seasonal em-
ployee to a Federal permanent employee if— 
(A) the listed job duties of the employee 
include wildland firefighting; 
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(B) the employee received a rating of at 
least ‘‘Fully Successful’’ in each of the perform-
ance appraisals of the employee for the 5 most 
recent seasons of Federal employment of the 
employee; and 
(C) the job duties and performance stand-
ards of the position into which the permanent 
employee converts include implementing pre-
scribed fires. 
(6) EMPLOYMENT
OF
FORMERLY
INCARCER-
ATED INDIVIDUALS.— 
(A) IN
GENERAL.—The Secretaries, in 
consultation with the Attorney General and 
State departments of corrections, shall seek to 
provide a career pathway, including through 
partnerships with the Corps Network, to indi-
viduals described in subparagraph (B) to work 
as prescribed fire practitioners. 
(B) INDIVIDUALS
DESCRIBED.—An indi-
vidual referred to in subparagraph (A) is an in-
dividual that— 
(i) has been convicted in any court of 
a criminal offense, other than arson, and 
was sentenced to a term of imprisonment 
for that offense; and 
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(ii) during the term of imprisonment 
described in clause (i), served on a 
wildland firefighting crew or received other 
comparable training. 
(7) 
UNDERREPRESENTED
EMPLOYEES.—To 
further address the gender disparity in wildland fire-
fighting, the Secretaries shall support the develop-
ment and participation of women in leadership op-
portunities, mentorship networks, and training in 
prescribed fire, including the Fire Leadership for 
Women course and Women-In-Fire Training Ex-
change— 
(A) to develop strong leaders; 
(B) to increase the number of women over-
seeing prescribed fires; and 
(C) to enhance the longevity and success of 
women in wildland fire management. 
(8) VETERANS CREWS.— 
(A) IN
GENERAL.—The Secretaries, in 
consultation with the Secretary of Veterans Af-
fairs, shall seek— 
(i) to provide a career pathway to in-
dividuals described in subparagraph (B) to 
work as prescribed fire practitioners; and 
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(ii) to establish crews composed pre-
dominantly of veterans to conduct pre-
scribed fires. 
(B) INDIVIDUALS
DESCRIBED.—An indi-
vidual referred to in subparagraph (A) is an in-
dividual who— 
(i) served in the active military, naval, 
or air service; and 
(ii) was discharged or released under 
conditions other than dishonorable. 
(9) INTER-TRIBAL ORGANIZATIONS.—The Sec-
retaries may provide funding to Tribal and inter- 
Tribal organizations, including the Intertribal Tim-
ber Council, to provide training and workforce devel-
opment opportunities in wildland fire. 
(b) ADDITIONAL TRAINING CENTERS.—Subject to 
the availability of appropriations, not later than Sep-
tember 30, 2023, 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 and operate a prescribed fire 
training center in a western State; 
(2) continue to operate a prescribed fire train-
ing center in an eastern State; 
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(3) establish a virtual prescribed fire training 
center; and 
(4) establish and operate a managed-wildfire 
training center. 
(c) COMPETENCIES FOR FIREFIGHTERS.— 
(1) UPDATES
TO
REQUIRED
COMPETENCIES 
FOR SPECIFIC FIREFIGHTER POSITIONS.—The Sec-
retaries, in coordination with the Fire Executive 
Council, the National Association of State Foresters, 
and the Intertribal Timber Council, shall task the 
National Wildfire Coordinating Group to add a re-
quirement for an individual to obtain the necessary 
certification to serve in— 
(A) the position of a single-resource boss; 
and 
(B) any other positions determined to be 
necessary by the Secretaries. 
(2) ADDITIONAL
EXPERIENCE.—The Secre-
taries shall require significant additional experience, 
gained exclusively during a prescribed fire, to obtain 
a certification described in paragraph (1). 
(d) INDEMNITY OF FEDERAL AND TRIBAL EMPLOY-
EES.—Except in the case of gross negligence, a Federal 
employee or an employee contracted by an Indian Tribe 
pursuant to a contract under the Indian Self-Determina-
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tion Act (25 U.S.C. 5321 et seq.) overseeing a prescribed 
fire that escaped— 
(1) shall not be subject to criminal prosecution; 
and 
(2) shall not be subject to civil proceedings, ex-
cept in accordance with section 2672 of title 28, 
United States Code. 
SEC. 203. LIABILITY OF CERTIFIED PRESCRIBED FIRE MAN-
AGERS. 
(a) DEFINITION OF COVERED LAW.—In this section, 
the term ‘‘covered law’’ means a State law that establishes 
the standard of care in a civil suit against a certified pre-
scribed fire manager for an escaped prescribed fire to be 
‘‘gross negligence’’, if the certified prescribed fire man-
ager— 
(1) obtained a permit for the prescribed fire; 
(2) conducted the prescribed fire consistent 
with a written prescribed fire plan; 
(3) was at the site of prescribed fire for the du-
ration of the prescribed fire; 
(4) ensured adequate personnel, equipment, and 
firebreaks were in place during the prescribed fire, 
in accordance with the written prescribed fire plan; 
and 
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(5) complied with any applicable Federal, Trib-
al, State, and local laws. 
(b) MEMORANDUM OF AGREEMENT.—Subject to the 
availability of appropriations, in accordance with rec-
ommendation A3C of the special report of the Western 
Governors’ National Forest and Rangeland Management 
Initiative, dated June 2017, the Secretary may enter into 
a memorandum of agreement with the National Gov-
ernors’ Association to host a conference, at which gov-
ernors can meet to discuss the benefits of addressing li-
ability protection and possible incentives for States to 
enact a covered law. 
(c) FUNDING.—The Secretary may provide not more 
than $1,000,000 under the memorandum of agreement 
under subsection (b). 
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, in-
cluding impacts from smoke from prescribed 
fires. 
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(2) EXPENDITURE OF FUNDS.—When a smoke- 
sensitive facility or vulnerable individual is identified 
in an area to be impacted by smoke from a pre-
scribed fire, the Secretaries may expend funding ap-
propriated for hazardous fuel reduction to mitigate 
the impacts of the prescribed fire. 
(3) COORDINATION
AMONG
FEDERAL
AND 
STATE AIR QUALITY AGENCIES AND FEDERAL AND 
STATE LAND MANAGEMENT AGENCIES.—The Admin-
istrator of the Environmental Protection Agency, in 
cooperation with Federal and State land manage-
ment 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 prescribed fire on Federal 
land and State, Tribal, and private land, including 
by— 
(A) streamlining the decisionmaking 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 
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(iii) educating landowners that use pre-
scribed fire about the importance of— 
(I) using basic smoke management 
practices; and 
(II) including basic smoke manage-
ment practices as a component of a pre-
scribed fire plan. 
(4) EXCEPTIONAL EVENT DEMONSTRATIONS.— 
(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 or State land, 
as applicable, in accordance with a State 
or Tribal smoke management program that 
incorporates basic smoke management 
practices; and 
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(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. 
(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, 
may 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 applicable permit 
conditions. 
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(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-
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 
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(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 
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 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 re-
quirements with respect to the control of pollu-
tion from Federal facilities under that Act (42 
U.S.C. 7401 et seq.) if the Indian Tribe deter-
mines that the prescribed fire— 
(i) will be conducted in an area where 
the terrain or fuel load makes the area in-
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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. 
(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 
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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 
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 Indian Tribe may not enforce stand-
ards in a State or Tribal implementation plan 
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that was approved under the Clean Air Act (42 
U.S.C. 7401 et seq.) before the date of enact-
ment of this Act 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. 
(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 
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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— 
(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; 
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(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; 
(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) NATIONAL ENVIRONMENTAL POLICY ACT
OF 
1969 EFFICIENCIES.— 
(1) PURPOSE.—The purpose of this subsection 
is to require the Secretaries to develop a series of 
categorical exclusions from the requirements of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) for implementing prescribed 
fires in accordance with this subsection. 
(2) PREVIOUS ENVIRONMENTAL REVIEW DECI-
SIONS.—The Secretaries shall— 
(A) gather and evaluate all of the decision 
memos, decision notices, and records of decision 
and associated findings of no significant impact 
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or environmental impact statements under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) prepared for recent pre-
scribed fire projects; 
(B) review any documented environmental 
impacts of those prescribed fire projects, if the 
Secretaries monitored or evaluated the effects 
of the implemented actions; and 
(C) develop findings of— 
(i) similarities and differences among 
prescribed fire projects; and 
(ii) elements and mitigation measures 
that consistently appeared in those pre-
scribed fire projects that did not individ-
ually or cumulatively have a significant im-
pact on the environment. 
(3) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Secretaries 
shall publish in the Federal Register for public re-
view and comment a series of notices of proposed 
categorical exclusions from the requirements of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) for implementing prescribed 
fire projects in, at a minimum, the following forest 
types: 
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(A) Longleaf pine forest. 
(B) Shortleaf pine forest. 
(C) Ponderosa pine forest. 
(D) Pinyon-juniper forest. 
(E) Dry-site Douglas-fir forest. 
(F) Chaparral shrubland. 
(4) EXTRAORDINARY
CIRCUMSTANCES.—The 
Secretaries shall apply the extraordinary cir-
cumstances procedures under section 220.6 of title 
36, Code of Federal Regulations (or successor regu-
lations), in determining whether to use a categorical 
exclusion established under this subsection. 
(5) OREGON AND CALIFORNIA GRANT LANDS.— 
On Oregon and California Railroad grant land re-
vested in the United States by the Act of June 9, 
1916 (39 Stat. 218, chapter 137), the Secretary, 
acting through the Director of the Bureau of Land 
Management, shall— 
(A) implement not fewer than 2 impact 
demonstration projects to assess the environ-
mental effects of prescribed fires; 
(B) monitor the actual environmental ef-
fects during and after that implementation; and 
(C) evaluate the merits of using a categor-
ical exclusion from the requirements of the Na-
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tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) for prescribed fires on that 
land. 
SEC. 205. 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, may enter into a memorandum of agree-
ment with the Longleaf Alliance to carry out a national 
prescribed fire education program, including the use of— 
(1) the character known as ‘‘Burner Bob’’; and 
(2) an anthropomorphic black-backed wood-
pecker character, to be known as ‘‘Burner Betty’’. 
(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. 
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TITLE III—REPORTING; 
TERMINATION 
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 
to the National Fire Planning and Operations Database. 
(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 treated using prescribed fire in the State, 
the State shall not be eligible to receive any amounts made 
available under this Act for the previous fiscal year. 
SEC. 302. TERMINATION DATE. 
The authority to carry out this Act terminates on the 
date that is 10 years after the date of enactment of this 
Act. 
Æ 
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