Prescribed Burn Approval Act of 2015

Bill: 114-s-1100
Sponsor: full_name: Sen. Thune, John [R-SD]
Introduced: 2015-04-27
Policy area: Public Lands and Natural Resources
Subjects: Congressional oversight

Fires

Forests, forestry, trees

Government liability

Intergovernmental relations

State and local government operations
Latest action: action_date: 2015-07-16
text: Committee on Agriculture, Nutrition, and Forestry. Hearings held.

Summaries:
action_date: 2015-04-27
action_desc: Introduced in Senate
text: <p><b>Prescribed Burn Approval Act of 2015</b></p> <p>Bars any federal agency from authorizing a prescribed burn on federal land if, for the county or contiguous county in which the federal land is located, the grassland fire danger index indicates a high, very high, or extreme danger of grassland fire or the Forest Service has declared a very high or extreme fire danger, unless the agency obtains prior approval from the applicable state government and local fire officials. </p> <p>Makes a federal agency that authorizes a prescribed burn liable for any damage to private property, notwithstanding the Federal Tort Claims Act or any state law. </p>

tv_txt: II 114th CONGRESS 1st Session S. 1100 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. Short title This Act may be cited as the Prescribed Burn Approval Act of 2015 . 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). 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).