Bills · S. 2015 · Text

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S. 2015: the bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2015 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 635
119th CONGRESS
  2d Session
                                S. 2015

     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 emphasis on units of the National Forest System in the western and 
    southeastern United States, to acknowledge and support the long-
   standing use of cultural burning by Indian Tribes and Indigenous 
                 practitioners, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2025

Mr. Wyden (for himself, Mr. Budd, Mr. Curtis, Mr. Padilla, Mr. Scott of 
 Florida, and Mr. Coons) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                           September 17, 2026

                 Reported by Mr. Lee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     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 emphasis on units of the National Forest System in the western and 
    southeastern United States, to acknowledge and support the long-
   standing use of cultural burning by Indian Tribes and Indigenous 
                 practitioners, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``National 
Prescribed Fire Act of 2025''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
                     <DELETED>TITLE I--USE OF FUNDS

<DELETED>Sec. 101. Definition of prescribed fire.
<DELETED>Sec. 102. Prescribed fire funding.
<DELETED>Sec. 103. Policies and practices.
<DELETED>Sec. 104. Collaborative Prescribed Fire Program.
      <DELETED>TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH

<DELETED>Sec. 201. Cooperative agreements and contracts.
<DELETED>Sec. 202. Human resources.
<DELETED>Sec. 203. Liability of prescribed fire managers.
<DELETED>Sec. 204. Environmental review.
<DELETED>Sec. 205. Prescribed fire education program.
                     <DELETED>TITLE III--REPORTING

<DELETED>Sec. 301. Annual reports to National Fire Planning and 
                            Operations Database.
<DELETED>Sec. 302. Annual implementation report.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Congressional committees.--The term 
        ``congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources, the Committee on Agriculture, Nutrition, and 
                Forestry, and the Committee on Appropriations of the 
                Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources, 
                the Committee on Agriculture, and the Committee on 
                Appropriations of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' 
        means--</DELETED>
                <DELETED>    (A) land under the jurisdiction of the 
                Secretary; and</DELETED>
                <DELETED>    (B) National Forest System land.</DELETED>
        <DELETED>    (3) Landscape-scale prescribed fire plan.--The 
        term ``landscape-scale prescribed fire plan'' means a decision 
        document prepared pursuant to the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) that--</DELETED>
                <DELETED>    (A) covers a unit of the National Forest 
                System, a Bureau of Land Management district, or a 
                subunit of such a unit or district;</DELETED>
                <DELETED>    (B) analyzes the site-specific 
                environmental consequences of prescribed fire on land 
                described in subparagraph (A); and</DELETED>
                <DELETED>    (C) obviates the need for subsequent 
                decisions pursuant to the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
                the unit, district, or subunit described in 
                subparagraph (A).</DELETED>
        <DELETED>    (4) National forest system.--</DELETED>
                <DELETED>    (A) In general.--The term ``National 
                Forest System'' has the meaning given the term in 
                section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).</DELETED>
                <DELETED>    (B) Exclusions.--The term ``National 
                Forest System'' does not include the national 
                grasslands or land utilization projects administered 
                under title III of the Bankhead-Jones Farm Tenant Act 
                (7 U.S.C. 1010 et seq.).</DELETED>
        <DELETED>    (5) Prescribed fire.--The term ``prescribed fire'' 
        means a fire deliberately ignited to burn wildland fuels in a 
        natural or modified state--</DELETED>
                <DELETED>    (A) under specified environmental 
                conditions that are intended to allow the fire to be 
                confined to a predetermined area and produce the 
                fireline intensity and rate of spread required to 
                attain planned resource management objectives; 
                and</DELETED>
                <DELETED>    (B) in accordance with applicable law 
                (including regulations).</DELETED>
        <DELETED>    (6) Secretaries.--The term ``Secretaries'' means--
        </DELETED>
                <DELETED>    (A) the Secretary; and</DELETED>
                <DELETED>    (B) the Secretary of 
                Agriculture.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (8) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary, in the case of land 
                under the jurisdiction of the Secretary; and</DELETED>
                <DELETED>    (B) the Secretary of Agriculture, in the 
                case of land under the jurisdiction of the Secretary of 
                Agriculture.</DELETED>

                <DELETED>TITLE I--USE OF FUNDS</DELETED>

<DELETED>SEC. 101. DEFINITION OF PRESCRIBED FIRE.</DELETED>

<DELETED>    (a) In General.--In this title, the term ``prescribed 
fire'' has the meaning given the term in section 2.</DELETED>
<DELETED>    (b) Exclusion.--In this title, the term ``prescribed 
fire'' does not include a fire that is ignited for the primary purpose 
of pile burning.</DELETED>

<DELETED>SEC. 102. PRESCRIBED FIRE FUNDING.</DELETED>

<DELETED>    (a) Funding Flexibility.--</DELETED>
        <DELETED>    (1) Department of agriculture.--The Secretary of 
        Agriculture may use not more than 15 percent of funds 
        appropriated for each fiscal year for hazardous fuels 
        management in the National Forest System for activities 
        described in subsection (b).</DELETED>
        <DELETED>    (2) Department of the interior.--The Secretary may 
        use not more than 15 percent of funds appropriated for each 
        fiscal year for hazardous fuels management and post-fire 
        activities in the account for wildland fire management of the 
        Department of the Interior for activities described in 
        subsection (b).</DELETED>
<DELETED>    (b) Description of Activities.--The activities referred to 
in subsection (a) are--</DELETED>
        <DELETED>    (1) with respect to prescribed fires on Federal 
        land, or on non-Federal land if the Secretary concerned 
        determines that such activities would benefit resources on 
        Federal land--</DELETED>
                <DELETED>    (A) entering into procurement contracts or 
                cooperative agreements for prescribed fire 
                activities;</DELETED>
                <DELETED>    (B) issuing grants to a State, Tribal 
                government, local government, prescribed fire council, 
                prescribed burn association, or nonprofit organization 
                for the implementation of prescribed fires, including--
                </DELETED>
                        <DELETED>    (i) carrying out necessary 
                        environmental reviews;</DELETED>
                        <DELETED>    (ii) carrying out any site 
                        preparation necessary for implementing 
                        prescribed fires; and</DELETED>
                        <DELETED>    (iii) conducting any required pre-
                        ignition cultural or environmental surveys; 
                        and</DELETED>
                <DELETED>    (C) conducting outreach to the public, 
                Indian Tribes and beneficiaries, and adjacent 
                landowners;</DELETED>
        <DELETED>    (2) implementing prescribed fires on non-Federal 
        land, if the Secretary concerned determines that the prescribed 
        fire would benefit Federal land, including--</DELETED>
                <DELETED>    (A) carrying out necessary environmental 
                reviews;</DELETED>
                <DELETED>    (B) carrying out any site preparation 
                necessary for implementing prescribed fires; 
                and</DELETED>
                <DELETED>    (C) conducting any required pre-ignition 
                cultural and environmental surveys;</DELETED>
        <DELETED>    (3) providing to Federal employees and cooperators 
        training for prescribed fire and basic smoke management 
        practices;</DELETED>
        <DELETED>    (4) conducting post-prescribed fire activities, 
        such as monitoring for hazard trees or reignitions and invasive 
        species management;</DELETED>
        <DELETED>    (5) providing technical or financial assistance to 
        a State, Tribal government, local government, prescribed fire 
        council, prescribed burn association, or nonprofit organization 
        for the purpose of providing training for prescribed fire or 
        basic smoke management practices, consistent with any standards 
        developed by the National Wildfire Coordinating Group or State 
        prescribed fire standards; and</DELETED>
        <DELETED>    (6) providing funding for the applicable 
        Collaborative Prescribed Fire Program established under section 
        104.</DELETED>
<DELETED>    (c) Prioritization.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        Secretary concerned shall coordinate with the other Secretary 
        concerned, State and local government agencies, Indian Tribes, 
        and applicable nongovernmental organizations to establish 
        prioritization criteria for expending amounts pursuant to 
        subsection (a) for activities described in paragraphs (2), (5), 
        and (6) of subsection (b).</DELETED>
        <DELETED>    (2) Requirement.--In establishing criteria under 
        paragraph (1), the Secretary concerned shall give priority to a 
        project that is--</DELETED>
                <DELETED>    (A) implemented across a large contiguous 
                area;</DELETED>
                <DELETED>    (B) cross-boundary in nature;</DELETED>
                <DELETED>    (C) in an area that is--</DELETED>
                        <DELETED>    (i) within or adjacent to the 
                        wildland-urban interface and identified as a 
                        priority area in a statewide forest action plan 
                        or Community Wildfire Protection Plan; 
                        or</DELETED>
                        <DELETED>    (ii) identified as important to 
                        the protection of a Tribal trust resource or 
                        the reserved or treaty rights of an Indian 
                        Tribe;</DELETED>
                <DELETED>    (D) on land that is at high or very high 
                risk of experiencing a wildfire that would be difficult 
                to suppress;</DELETED>
                <DELETED>    (E) in an area that is designated as 
                critical habitat and in need of ecological restoration 
                or enhancement that can be achieved with the aid of 
                prescribed fire; or</DELETED>
                <DELETED>    (F) supportive of potential operational 
                delineations or strategic response zones.</DELETED>

<DELETED>SEC. 103. POLICIES AND PRACTICES.</DELETED>

<DELETED>    (a) Increasing Prescribed Fire.--Beginning with the first 
fiscal year that begins after the date of enactment of this Act, and 
for each of the 9 fiscal years thereafter, the Secretaries shall 
conduct prescribed fires on Federal land such that the total acreage of 
Federal land on which prescribed fires are conducted is 10 percent 
greater than the total acreage of all Federal land on which prescribed 
fires were conducted during the preceding fiscal year.</DELETED>
<DELETED>    (b) Operational Strategy.--The Secretary concerned shall 
develop, in coordination with State, local, and Tribal governments, a 
prescribed fire operational strategy for each region of the National 
Forest System or the Department of the Interior, as applicable, that 
describes--</DELETED>
        <DELETED>    (1) the fire deficit by region; and</DELETED>
        <DELETED>    (2) staffing and funding needs to address the fire 
        deficit under paragraph (1).</DELETED>

<DELETED>SEC. 104. COLLABORATIVE PRESCRIBED FIRE PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary concerned, in coordination 
with the other Secretary concerned, shall establish a Collaborative 
Prescribed Fire Program (referred to in this section as the 
``program'') to select and fund prescribed fire projects (each of which 
is referred to in this section as a ``project'') in accordance with--
</DELETED>
        <DELETED>    (1) the prioritization criteria established under 
        section 102(c);</DELETED>
        <DELETED>    (2) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);</DELETED>
        <DELETED>    (3) the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);</DELETED>
        <DELETED>    (4) the applicable land use or land management 
        plan; and</DELETED>
        <DELETED>    (5) any other applicable law.</DELETED>
<DELETED>    (b) Eligibility Criteria.--To be eligible for nomination 
under subsection (c), a proposal for a project shall--</DELETED>
        <DELETED>    (1) be consistent with a landscape restoration 
        strategy--</DELETED>
                <DELETED>    (A) that is complete or substantially 
                complete;</DELETED>
                <DELETED>    (B) that identifies and prioritizes 
                prescribed fire treatments for a 10-year period within 
                a landscape that is--</DELETED>
                        <DELETED>    (i) not less than 50,000 
                        acres;</DELETED>
                        <DELETED>    (ii) composed primarily of 
                        forested Federal land under the jurisdiction of 
                        the Secretary concerned, but may also include 
                        other Federal, State, Tribal, or private land, 
                        if a treatment on that land would benefit the 
                        applicable Federal land; and</DELETED>
                        <DELETED>    (iii) in need of--</DELETED>
                                <DELETED>    (I) active ecosystem 
                                restoration; or</DELETED>
                                <DELETED>    (II) maintenance 
                                activities to retain previously treated 
                                land in a wildfire-resilient 
                                state;</DELETED>
                <DELETED>    (C) that incorporates the best available 
                science and scientific application tools to identify 
                project areas;</DELETED>
                <DELETED>    (D) that fully maintains, or contributes 
                toward the restoration of, the structure and 
                composition of old growth stands according to the pre-
                fire suppression old growth conditions characteristic 
                of the forest type--</DELETED>
                        <DELETED>    (i) taking into account the 
                        contribution of the stand to landscape fire 
                        adaptation and watershed health; and</DELETED>
                        <DELETED>    (ii) retaining the large trees 
                        contributing to old growth structure;</DELETED>
                <DELETED>    (E) under which would be carried out any 
                forest restoration treatments that reduce hazardous 
                fuels through the use of fire for ecological 
                restoration and maintenance and reestablishing natural 
                fire regimes, where appropriate, which--</DELETED>
                        <DELETED>    (i) may include site preparation, 
                        if necessary to prepare the landscape for 
                        reestablishment of a natural fire regime; 
                        and</DELETED>
                        <DELETED>    (ii) shall maximize the retention 
                        of large trees, as appropriate for the forest 
                        type, to the extent that the trees promote 
                        fire-resilient stands; and</DELETED>
                <DELETED>    (F) under which--</DELETED>
                        <DELETED>    (i) no permanent roads would be 
                        established; and</DELETED>
                        <DELETED>    (ii) funding would be committed to 
                        decommission all temporary roads constructed to 
                        carry out the strategy;</DELETED>
        <DELETED>    (2) be developed and implemented through a 
        collaborative process that--</DELETED>
                <DELETED>    (A) includes multiple interested persons 
                representing diverse interests; and</DELETED>
                <DELETED>    (B) is transparent and 
                nonexclusive;</DELETED>
        <DELETED>    (3) describe plans, as applicable--</DELETED>
                <DELETED>    (A) to reduce the risk of uncharacteristic 
                wildfire;</DELETED>
                <DELETED>    (B) to improve fish and wildlife habitat, 
                including for endangered, threatened, and sensitive 
                species;</DELETED>
                <DELETED>    (C) to maintain or improve water quality 
                and watershed function;</DELETED>
                <DELETED>    (D) to prevent, remediate, or control 
                invasions of exotic species;</DELETED>
                <DELETED>    (E) to maintain, decommission, and 
                rehabilitate roads and trails;</DELETED>
                <DELETED>    (F) to report annually on performance, 
                including setting accomplishment targets for each 
                year;</DELETED>
                <DELETED>    (G) to take into account any applicable 
                community wildfire protection plan; and</DELETED>
                <DELETED>    (H) to mitigate smoke impacts on nearby 
                communities;</DELETED>
        <DELETED>    (4) include an analysis of any anticipated cost 
        savings, including savings resulting from--</DELETED>
                <DELETED>    (A) a reduced risk of wildfire damages, 
                especially to high-value resources; and</DELETED>
                <DELETED>    (B) a decrease in the unit costs of 
                implementing ecological restoration treatments over 
                time;</DELETED>
        <DELETED>    (5) include estimates of--</DELETED>
                <DELETED>    (A) the amount of annual Federal funding 
                necessary to implement the proposed project; 
                and</DELETED>
                <DELETED>    (B) the amount of new non-Federal 
                investment for carrying out the proposed project that 
                would be leveraged;</DELETED>
        <DELETED>    (6) describe the collaborative process described 
        in paragraph (2) through which the proposal was developed, 
        including a description of--</DELETED>
                <DELETED>    (A) participation by, or consultation 
                with, State, local, and Tribal governments; 
                and</DELETED>
                <DELETED>    (B) any established record of successful 
                collaborative planning and implementation of prescribed 
                fire projects on National Forest System land and other 
                land included in the proposal by the 
                collaborators;</DELETED>
        <DELETED>    (7) propose to benefit local economies by 
        providing local employment or training opportunities through 
        contracts, grants, or agreements for planning, design, 
        implementation, or monitoring with--</DELETED>
                <DELETED>    (A) local private, nonprofit, or 
                cooperative entities;</DELETED>
                <DELETED>    (B) Youth Conservation Corps crews or 
                related partnerships with State, local, and nonprofit 
                youth groups;</DELETED>
                <DELETED>    (C) existing or proposed small or micro 
                businesses, clusters, or incubators; or</DELETED>
                <DELETED>    (D) other entities that will hire or train 
                local individuals to complete those contracts, grants, 
                or agreements; and</DELETED>
        <DELETED>    (8) be subject to any other requirements that the 
        Secretary concerned determines to be necessary for the 
        efficient and effective administration of the 
        program.</DELETED>
<DELETED>    (c) Nomination Process.--</DELETED>
        <DELETED>    (1) Submission.--A proposal for a project shall be 
        submitted to the appropriate Regional Forester, State Director, 
        or other similar official.</DELETED>
        <DELETED>    (2) Nomination.--</DELETED>
                <DELETED>    (A) In general.--An official described in 
                paragraph (1) may nominate for selection by the 
                Secretary concerned any proposals received by the 
                official under that paragraph that meet the eligibility 
                criteria described in subsection (b).</DELETED>
                <DELETED>    (B) Concurrence.--In the case of a 
                proposal for a project that involves activities on the 
                land of both Secretaries concerned, a nomination under 
                subparagraph (A) shall include the concurrence of the 
                appropriate official for the applicable land that is 
                not under the jurisdiction of the official nominating 
                the proposal.</DELETED>
        <DELETED>    (3) Other land.--In the case of a proposal for a 
        project that involves activities on land that is not under the 
        jurisdiction of either Secretary concerned, a nomination under 
        subparagraph (A) shall include evidence that the landowner 
        intends to participate in, and provide appropriate funding to 
        carry out, the activities.</DELETED>
<DELETED>    (d) Selection Process.--</DELETED>
        <DELETED>    (1) In general.--The Secretary concerned, in 
        consultation with the other Secretary concerned, shall select 
        for implementation proposals for projects--</DELETED>
                <DELETED>    (A) that have been nominated under 
                subsection (c)(2);</DELETED>
                <DELETED>    (B) that meet the eligibility criteria 
                described in subsection (b); and</DELETED>
                <DELETED>    (C) in accordance with the prioritization 
                criteria established under section 102(c).</DELETED>
        <DELETED>    (2) Criteria.--In selecting proposals under 
        paragraph (1), the Secretary concerned shall give special 
        consideration to--</DELETED>
                <DELETED>    (A) the strength of the proposal, 
                including the landscape restoration strategy described 
                in subsection (b)(1) of the proposal;</DELETED>
                <DELETED>    (B) the strength of the ecological case of 
                the proposal and the proposed ecological restoration 
                strategies under the proposal;</DELETED>
                <DELETED>    (C) the strength of the collaborative 
                process described in subsection (b)(2) through which 
                the proposal was developed and the likelihood of 
                successful collaboration throughout 
                implementation;</DELETED>
                <DELETED>    (D) the extent to which the proposal is 
                likely to achieve reductions in long-term wildfire risk 
                and increased protection of high-value 
                resources;</DELETED>
                <DELETED>    (E) the extent to which an appropriate 
                level of non-Federal investment would be leveraged in 
                carrying out the proposed project; and</DELETED>
                <DELETED>    (F) ensuring geographic diversity of 
                projects implemented under this section.</DELETED>
        <DELETED>    (3) Limitation.--The Secretary concerned may 
        select not more than--</DELETED>
                <DELETED>    (A) 20 proposals under paragraph (1) to be 
                funded during any fiscal year; and</DELETED>
                <DELETED>    (B) the number of proposals under 
                paragraph (1) that the Secretary concerned determines 
                are likely to receive adequate funding.</DELETED>
<DELETED>    (e) Reporting.--</DELETED>
        <DELETED>    (1) Project reporting.--A recipient of financial 
        assistance to carry out a project under the program shall 
        annually submit to the Secretary concerned a report 
        summarizing, at a minimum, with respect to the year covered by 
        the report--</DELETED>
                <DELETED>    (A) the number of acres of land treated 
                with prescribed fire by the recipient under the 
                program; and</DELETED>
                <DELETED>    (B) the amount of Federal and non-Federal 
                funds used by the recipient under the 
                program.</DELETED>
        <DELETED>    (2) Program report.--Not later than 5 years after 
        the first fiscal year in which funding is made available to 
        carry out projects under the program, and every 5 years 
        thereafter, the Secretary concerned shall submit to the 
        congressional committees a report describing the program, 
        including an assessment of whether, and to what extent, the 
        program is fulfilling the purposes of this section.</DELETED>
<DELETED>    (f) Limitations.--</DELETED>
        <DELETED>    (1) Total funding.--The Secretary concerned shall 
        not provide more than $20,000,000 in total funding for projects 
        under the program in any fiscal year.</DELETED>
        <DELETED>    (2) Project size limitation.--The Secretary 
        concerned shall not provide more than $1,000,000 for any 1 
        project under the program in any fiscal year.</DELETED>
        <DELETED>    (3) Project sunset.--The Secretary concerned shall 
        not provide funding for a project under the program for a 
        period of more than 10 fiscal years.</DELETED>
        <DELETED>    (4) Project cancellation.--The Secretary concerned 
        shall cease funding any project under the program that, for 3 
        consecutive years, fails to meet the annual accomplishment 
        targets set under subsection (b)(3)(F).</DELETED>
<DELETED>    (g) Funding.--Of the amounts made available under section 
102(a), the Secretary concerned may use to carry out this section not 
more than $10,000,000 for each of fiscal years 2025 through 
2034.</DELETED>

 <DELETED>TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH</DELETED>

<DELETED>SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS.</DELETED>

<DELETED>    (a) Definition of Eligible Entity.--In this section, the 
term ``eligible entity'' means--</DELETED>
        <DELETED>    (1) a State;</DELETED>
        <DELETED>    (2) an Indian Tribe;</DELETED>
        <DELETED>    (3) a county or municipal government;</DELETED>
        <DELETED>    (4) a fire district;</DELETED>
        <DELETED>    (5) a nongovernmental organization; and</DELETED>
        <DELETED>    (6) a private entity.</DELETED>
<DELETED>    (b) Authorization.--The Secretary concerned 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 in accordance with other applicable 
laws, regulations, and land management plans.</DELETED>
<DELETED>    (c) Subcontracts.--The Secretary concerned may authorize a 
State, an Indian Tribe, or a county that enters into a cooperative 
agreement or contract under subsection (b) to enter into a subcontract 
to conduct a prescribed fire on Federal land pursuant to that 
cooperative agreement or contract, subject to any other terms and 
conditions that the Secretary concerned determines to be 
appropriate.</DELETED>
<DELETED>    (d) Long-Term Contracts.--A cooperative agreement 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.</DELETED>

<DELETED>SEC. 202. HUMAN RESOURCES.</DELETED>

<DELETED>    (a) Prescribed Fire Workforce.--</DELETED>
        <DELETED>    (1) Increasing workforce retention.--</DELETED>
                <DELETED>    (A) Hazard pay.--</DELETED>
                        <DELETED>    (i) In general.--Each Federal 
                        employee in any classification series, as 
                        identified by the Secretaries, shall be 
                        entitled to be paid the appropriate 
                        differential under subsection (d) of section 
                        5545 of title 5, United States Code, as if such 
                        employee was covered by such subsection, when 
                        such employee carries out work directly related 
                        to the ignition, management, and control of a 
                        prescribed fire.</DELETED>
                        <DELETED>    (ii) Regulations.--The Director of 
                        the Office of Personnel Management shall 
                        prescribe regulations to carry out this 
                        subparagraph.</DELETED>
                <DELETED>    (B) Incentive payments for fuels 
                assignments.--The Secretaries shall submit to the 
                congressional committees a joint report describing 
                mechanisms to attract and retain a skilled fuels 
                workforce, including pay incentives that would account 
                for and offset the more competitive pay options offered 
                through wildfire suppression assignments.</DELETED>
        <DELETED>    (2) Dedicated prescribed fire task forces.--
        </DELETED>
                <DELETED>    (A) In general.--The Secretaries shall--
                </DELETED>
                        <DELETED>    (i) not later than 180 days after 
                        the date of enactment of this Act, establish at 
                        least 1 multiparty task force of Federal 
                        employees and non-Federal entities within each 
                        Geographic Area Coordination Center to plan, 
                        lead, and support prescribed fire across 
                        ownership boundaries that are priorities at the 
                        landscape, region, State, or Federal level; 
                        and</DELETED>
                        <DELETED>    (ii) support each task force 
                        established under clause (i) by assigning a 
                        dedicated Federal employee--</DELETED>
                                <DELETED>    (I) to aid necessary 
                                administrative functions relating to 
                                partnership agreements; and</DELETED>
                                <DELETED>    (II) to coordinate 
                                prescribed fire across ownership 
                                boundaries.</DELETED>
                <DELETED>    (B) Cooperative agreements.--The 
                Secretaries may enter into 1 or more cooperative 
                agreements to carry out this paragraph.</DELETED>
        <DELETED>    (3) Conversion of seasonal firefighters to 
        permanent employees.--The Secretaries may noncompetitively 
        convert a Federal seasonal employee to a Federal permanent 
        employee if--</DELETED>
                <DELETED>    (A) the listed job duties of the employee 
                include wildland firefighting;</DELETED>
                <DELETED>    (B) the employee received a rating of at 
                least ``Fully Successful'' in each of the performance 
                appraisals of the employee for the 3 most recent 
                seasons of Federal employment of the employee; 
                and</DELETED>
                <DELETED>    (C) the job duties and performance 
                standards of the position into which the permanent 
                employee converts emphasize implementing prescribed 
                fires.</DELETED>
        <DELETED>    (4) Employment of formerly incarcerated 
        individuals.--</DELETED>
                <DELETED>    (A) In general.--The Secretaries, in 
                consultation with the Attorney General and State 
                departments of corrections, shall seek to provide 
                career pathways, training, and wraparound support 
                services, including through partnerships with the Corps 
                Network, to individuals described in subparagraph (B) 
                to work as prescribed fire practitioners.</DELETED>
                <DELETED>    (B) Individuals described.--An individual 
                referred to in subparagraph (A) is an individual that--
                </DELETED>
                        <DELETED>    (i) has been convicted in any 
                        court of a criminal offense, other than arson 
                        or a violent crime (as defined by the 
                        Secretaries, in consultation with the Attorney 
                        General and State departments of corrections), 
                        and was sentenced to a term of imprisonment for 
                        that offense; and</DELETED>
                        <DELETED>    (ii) during the term of 
                        imprisonment described in clause (i), served on 
                        a wildland firefighting crew or received other 
                        comparable training.</DELETED>
        <DELETED>    (5) Underutilized employees.--The Secretaries 
        shall support the recruitment, development, and participation 
        of underutilized employees, as determined by the Secretaries, 
        in the wildland fire workforce, including by fostering 
        leadership opportunities, mentorship networks, and 
        training.</DELETED>
        <DELETED>    (6) Veterans crews.--</DELETED>
                <DELETED>    (A) In general.--The Secretaries, in 
                consultation with the Secretary of Veterans Affairs, 
                shall seek--</DELETED>
                        <DELETED>    (i) to provide a career pathway to 
                        individuals described in subparagraph (B) to 
                        work as prescribed fire practitioners; 
                        and</DELETED>
                        <DELETED>    (ii) to establish crews composed 
                        predominantly of veterans to conduct prescribed 
                        fires.</DELETED>
                <DELETED>    (B) Individuals described.--An individual 
                referred to in subparagraph (A) is an individual who--
                </DELETED>
                        <DELETED>    (i) served in the active military, 
                        naval, or air service; and</DELETED>
                        <DELETED>    (ii) was discharged or released 
                        under conditions other than 
                        dishonorable.</DELETED>
<DELETED>    (b) Additional Training Centers.--Subject to the 
availability of appropriations, not later than 2 years after the date 
of enactment of this Act, 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--</DELETED>
        <DELETED>    (1) establish, operate, and facilitate a 
        prescribed fire training program or center that offers training 
        in prescribed fire within each Geographic Area Coordination 
        Center region where such a program or center does not exist on 
        the date of enactment of this Act; and</DELETED>
        <DELETED>    (2) support the establishment of an Indigenous-led 
        prescribed fire and cultural burning training center operated 
        by an Indian Tribe or partnership of Indian Tribes.</DELETED>
<DELETED>    (c) Competencies for Firefighters.--The Secretaries, in 
coordination with the Fire Executive Council, shall task the National 
Wildfire Coordinating Group with the duty to adjust training 
requirements to obtain a certification to serve in a supervisory role 
for a prescribed fire and any other positions determined to be 
necessary by the Secretaries--</DELETED>
        <DELETED>    (1) in order to reduce the time required to obtain 
        such a certification; and</DELETED>
        <DELETED>    (2) such that significant experience, gained 
        exclusively during a prescribed fire, is required to obtain 
        such a certification.</DELETED>
<DELETED>    (d) Enhancing Interoperability Between Federal and Non-
Federal Practitioners.--</DELETED>
        <DELETED>    (1) Qualification databases and dispatch 
        systems.--The Secretaries shall establish a collaborative 
        process to create mechanisms for non-Federal-agency fire 
        practitioners to be included in prescribed fire and wildfire 
        resource ordering and reimbursement processes.</DELETED>
        <DELETED>    (2) Partnership agreements.--The Secretaries 
        shall--</DELETED>
                <DELETED>    (A) develop partnership agreements for 
                prescribed fire with all relevant State, Federal, 
                Tribal, university, and nongovernmental entities that 
                choose to be included in resource ordering and 
                reimbursement processes under paragraph (1);</DELETED>
                <DELETED>    (B) create agreements and structures 
                necessary to include non-Federal-agency and other 
                nontraditional partners in direct work with Federal 
                agencies to address prescribed fires; and</DELETED>
                <DELETED>    (C) treat any prescribed fire practitioner 
                meeting applicable National Wildfire Coordinating Group 
                standards as eligible to be included in statewide 
                participating agreements.</DELETED>

<DELETED>SEC. 203. LIABILITY OF PRESCRIBED FIRE MANAGERS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Covered activity.--The term ``covered 
        activity'' means an activity carried out on Federal land 
        directly related to a wildland fire, prescribed fire, or 
        prescribed fire with cultural objectives in the course of 
        executing a Federal action.</DELETED>
        <DELETED>    (2) Covered entity.--The term ``covered entity'' 
        means a non-Federal entity engaged in a covered activity, if 
        that non-Federal entity is acting--</DELETED>
                <DELETED>    (A) under the direct supervision of a 
                Federal employee; and</DELETED>
                <DELETED>    (B) within the scope of a contract or 
                agreement in carrying out that covered 
                activity.</DELETED>
<DELETED>    (b) Indemnity of Federal and Tribal Employees.--The 
Secretaries, in coordination with the Attorney General, shall develop, 
for employees involved in covered activities, a voluntary training 
course describing--</DELETED>
        <DELETED>    (1) liability protections afforded to those 
        employees when acting within the scope of their 
        employment;</DELETED>
        <DELETED>    (2) the limits on any liability protections under 
        paragraph (1); and</DELETED>
        <DELETED>    (3) reimbursements available for qualified 
        employees for professional liability insurance under section 
        636 of division A of Public Law 104-208 (5 U.S.C. prec. 5941 
        note).</DELETED>
<DELETED>    (c) Indemnity of Other Cooperators.--</DELETED>
        <DELETED>    (1) In general.--Beginning on the date of 
        enactment of this Act, a covered entity shall be considered to 
        be an employee of the Federal Government for purposes of 
        chapter 171 of title 28, United States Code (commonly known as 
        the ``Federal Tort Claims Act''), while that covered entity is 
        engaged in covered activities.</DELETED>
        <DELETED>    (2) Guidance.--Not later than 1 year after the 
        date of enactment of this Act, the Secretaries, in consultation 
        with the Attorney General, shall issue guidance on the 
        necessary provisions and implementation requirements for 
        contracts or agreements that would extend liability protections 
        to covered entities under paragraph (1).</DELETED>
        <DELETED>    (3) Reimbursement.--Beginning in the first fiscal 
        year that begins after the date of enactment of this Act, the 
        Secretaries shall request, through annual appropriations, funds 
        sufficient to reimburse the Treasury for any claims paid during 
        the prior fiscal year pursuant to paragraph (1).</DELETED>
<DELETED>    (d) Effect.--Nothing in this section limits or otherwise 
affects--</DELETED>
        <DELETED>    (1) the application of any statutory or judicial 
        immunity to Federal employees;</DELETED>
        <DELETED>    (2) the application of chapter 171 of title 28, 
        United States Code (commonly known as the ``Federal Tort Claims 
        Act''), to Federal employees; or</DELETED>
        <DELETED>    (3) the application of section 314 of Public Law 
        101-512 (25 U.S.C. 5321 note).</DELETED>

<DELETED>SEC. 204. ENVIRONMENTAL REVIEW.</DELETED>

<DELETED>    (a) Smoke Management Agencies.--</DELETED>
        <DELETED>    (1) Policy.--The Secretaries shall ensure that 
        policies, training, and programs of the Secretaries are 
        consistent with this subsection--</DELETED>
                <DELETED>    (A) to facilitate greater use of 
                prescribed fire; and</DELETED>
                <DELETED>    (B) to address public health and safety, 
                including impacts from smoke from wildfires and 
                prescribed fires.</DELETED>
        <DELETED>    (2) Coordination among federal, tribal, and state 
        air quality agencies and federal, tribal, and state land 
        management agencies.--To facilitate the use of prescribed fire 
        on Federal, State, Tribal, and private land, 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.)--</DELETED>
                <DELETED>    (A) to the maximum extent practicable, to 
                provide State, Tribal, and local air quality agencies 
                with guidance, data, imagery, or modeling to support 
                the development of exceptional event demonstrations in 
                accordance with sections 50.14 and 51.930 of title 40, 
                Code of Federal Regulations (or successor 
                regulations);</DELETED>
                <DELETED>    (B) to develop archives and automated 
                tools to provide State, Tribal, and local air quality 
                agencies with the data, imagery, and modeling under 
                subparagraph (A);</DELETED>
                <DELETED>    (C) to develop decision support tools for 
                State, Tribal, and local air quality agencies to assist 
                in determining whether an exceptional event 
                demonstration, if the Administrator of the 
                Environmental Protection Agency concurs with such 
                demonstration, would have regulatory 
                significance;</DELETED>
                <DELETED>    (D) to provide technical assistance, best 
                practices, or templates to States, Indian Tribes, and 
                local governments for use in approving the use of 
                prescribed fire under a State, Tribal, or local 
                government smoke management program;</DELETED>
                <DELETED>    (E)(i) to promote basic smoke management 
                practices and other best practices to protect the 
                public from wildland fire smoke;</DELETED>
                <DELETED>    (ii) to disseminate information about 
                basic smoke management practices;</DELETED>
                <DELETED>    (iii) to educate landowners that use 
                prescribed fire about the importance of--</DELETED>
                        <DELETED>    (I) using basic smoke management 
                        practices; and</DELETED>
                        <DELETED>    (II) including basic smoke 
                        management practices as a component of a 
                        prescribed fire plan; and</DELETED>
                <DELETED>    (iv) to share with the public, in 
                coordination with other public health agencies, 
                information about measures that individuals can take to 
                protect themselves from wildland fire smoke; 
                and</DELETED>
                <DELETED>    (F) to develop guidance and tools to 
                streamline the demonstration of a clear causal 
                relationship between prescribed fire smoke and a 
                related exceedance of a national ambient air quality 
                standard.</DELETED>
        <DELETED>    (3) Exceptional event demonstrations.--</DELETED>
                <DELETED>    (A) In general.--The appropriate State or 
                Tribal air quality agency (including any local air 
                quality agency delegated authority by a State) may 
                develop and submit to the Administrator of the 
                Environmental Protection Agency an exceptional event 
                demonstration in accordance with sections 50.14 and 
                51.930 of title 40, Code of Federal Regulations (or 
                successor regulations), for a prescribed 
                fire.</DELETED>
                <DELETED>    (B) Approval.--The Administrator of the 
                Environmental Protection Agency shall concur with an 
                exceptional event demonstration submitted under 
                subparagraph (A) in accordance with the requirements of 
                sections 50.14 and 51.930 of title 40, Code of Federal 
                Regulations (or successor regulations), including that 
                the applicable prescribed fire was not reasonably 
                controllable or preventable and that the applicable 
                prescribed fire was a human activity unlikely to recur, 
                if the State or Tribal air quality agency demonstrates 
                in that exceptional event demonstration that, at a 
                minimum, the applicable prescribed fire was--</DELETED>
                        <DELETED>    (i) conducted in accordance with a 
                        State or Tribal smoke management program or 
                        basic smoke management practices; and</DELETED>
                        <DELETED>    (ii) consistent with a land or 
                        resource management plan with a stated 
                        objective to establish, restore, or maintain a 
                        sustainable and resilient ecosystem.</DELETED>
                <DELETED>    (C) Demonstration assistance for federal 
                land.--For any prescribed fire conducted on Federal 
                land, the Secretary concerned--</DELETED>
                        <DELETED>    (i) shall assist with the 
                        development of an exceptional event 
                        demonstration under subparagraph (A) on request 
                        of a State or Tribal air quality agency; 
                        and</DELETED>
                        <DELETED>    (ii) may develop and submit an 
                        exceptional event demonstration under 
                        subparagraph (A) with the concurrence of the 
                        applicable State or Tribal air quality 
                        agency.</DELETED>
        <DELETED>    (4) Programs and research.--To address the public 
        health and safety risk of the expanded use of prescribed fire 
        under this Act, the Secretaries, 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--</DELETED>
                <DELETED>    (A) wildland fire smoke prediction 
                models;</DELETED>
                <DELETED>    (B) smoke impact display tools for the 
                public and decisionmakers;</DELETED>
                <DELETED>    (C) appropriate, cost-effective, and 
                consistent strategies to mitigate the impacts of smoke 
                from prescribed fire on nearby communities;</DELETED>
                <DELETED>    (D) consistent nationally and 
                scientifically supported messages regarding personal 
                protection equipment for the public; and</DELETED>
                <DELETED>    (E) prescribed fire activity tracking and 
                emission inventory systems for planning and post-
                treatment accountability.</DELETED>
<DELETED>    (b) Development of Landscape-Scale Federal Prescribed Fire 
Plans.--</DELETED>
        <DELETED>    (1) Inclusion of landscape-scale prescribed fire 
        plans.--The Secretary concerned shall, with respect to units of 
        the National Forest System or Bureau of Land Management 
        districts with existing prescribed fire programs--</DELETED>
                <DELETED>    (A) not later than 1 year after the date 
                of enactment of this Act, determine which of those 
                units or districts have landscape-scale prescribed fire 
                plans; and</DELETED>
                <DELETED>    (B) not later than 2 years after the date 
                of enactment of this Act--</DELETED>
                        <DELETED>    (i) determine whether each plan 
                        described in subparagraph (A) requires 
                        revision;</DELETED>
                        <DELETED>    (ii) establish a schedule for the 
                        revision of each plan described in subparagraph 
                        (A) that requires revision; and</DELETED>
                        <DELETED>    (iii) develop landscape-scale 
                        prescribed fire plans for any units or 
                        districts that do not have landscape-scale 
                        prescribed fire plans.</DELETED>
        <DELETED>    (2) Environmental compliance.--In carrying out 
        paragraph (1), the Secretary concerned shall--</DELETED>
                <DELETED>    (A) comply with--</DELETED>
                        <DELETED>    (i) the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.);</DELETED>
                        <DELETED>    (ii) the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.);</DELETED>
                        <DELETED>    (iii) division A of subtitle III 
                        of title 54, United States Code; and</DELETED>
                        <DELETED>    (iv) any other applicable laws; 
                        and</DELETED>
                <DELETED>    (B) consider the site-specific 
                environmental consequences of the landscape-scale 
                prescribed fire decisions under this 
                subsection.</DELETED>
        <DELETED>    (3) Collaborative development.--In carrying out 
        paragraph (1), the Secretary concerned shall collaborate with 
        diverse actors from academia, Forest Service and Bureau of Land 
        Management research and development programs, nongovernmental 
        organizations, cultural fire practitioners, and other entities, 
        as determined appropriate by the Secretary concerned.</DELETED>
        <DELETED>    (4) Consultation with indian tribes.--The 
        Secretary concerned shall engage in government-to-government 
        consultation with Indian Tribes in complying with this 
        subsection.</DELETED>
        <DELETED>    (5) Reports.--Not later than 1 year after the date 
        of enactment of this Act, and annually thereafter, the 
        Secretary concerned shall submit to Congress a report 
        describing the progress of the Secretary concerned with respect 
        to carrying out this subsection.</DELETED>

<DELETED>SEC. 205. PRESCRIBED FIRE EDUCATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretaries shall carry out a 
national prescribed fire education program focused on fire ecology and 
prescribed fire planning and implementation.</DELETED>
<DELETED>    (b) Program Elements.--A prescribed fire education program 
under subsection (a) may include--</DELETED>
        <DELETED>    (1) public service advertisements;</DELETED>
        <DELETED>    (2) the use of social media;</DELETED>
        <DELETED>    (3) campaign and educational activities and 
        materials;</DELETED>
        <DELETED>    (4) commercial licensing;</DELETED>
        <DELETED>    (5) character images and appearances; 
        and</DELETED>
        <DELETED>    (6) awards and recognition.</DELETED>

                <DELETED>TITLE III--REPORTING</DELETED>

<DELETED>SEC. 301. ANNUAL REPORTS TO NATIONAL FIRE PLANNING AND 
              OPERATIONS DATABASE.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this section is to ensure an 
accurate reporting of annual prescribed fire accomplishments in the 
United States.</DELETED>
<DELETED>    (b) Cost-Share.--Subject to the availability of 
appropriations, the Secretary may provide financial assistance to 
States to pay a portion of the costs associated with annually reporting 
to the National Fire Planning and Operations Database (or a successor 
database) the prescribed fire accomplishments of the State.</DELETED>
<DELETED>    (c) Eligibility for Funds.--If, by December 31 of a 
calendar year, a State has not submitted to the National Fire Planning 
and Operations Database (or a successor database) a report describing, 
at a minimum, the number of acres on which uncharacteristic wildfire 
risk is effectively mitigated 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.</DELETED>

<DELETED>SEC. 302. ANNUAL IMPLEMENTATION REPORT.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, and annually thereafter, the Secretaries shall each submit to the 
congressional committees a report describing the activities carried out 
under this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Prescribed Fire Act of 2025''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                         TITLE I--USE OF FUNDS

Sec. 101. Prescribed fire funding.
Sec. 102. Policies and practices.
Sec. 103. Collaborative Prescribed Fire Program.

           TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH

Sec. 201. Cooperative agreements and contracts.
Sec. 202. Human resources.
Sec. 203. Liability of prescribed fire managers.
Sec. 204. Environmental review.
Sec. 205. Prescribed fire education program.

                  TITLE III--REPORTING; OTHER MATTERS

Sec. 301. Annual reports to National Fire Planning and Operations 
                            Database.
Sec. 302. Annual implementation report.
Sec. 303. Savings provision.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional committees.--The term ``congressional 
        committees'' means--
                    (A) the Committee on Energy and Natural Resources, 
                the Committee on Agriculture, Nutrition, and Forestry, 
                and the Committee on Appropriations of the Senate; and
                    (B) the Committee on Natural Resources, the 
                Committee on Agriculture, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Federal land.--The term ``Federal land'' means--
                    (A) land under the jurisdiction of the Secretary, 
                acting through the Director of the Bureau of Land 
                Management; and
                    (B) National Forest System land.
            (3) Landscape-scale prescribed fire plan.--The term 
        ``landscape-scale prescribed fire plan'' means a plan required 
        for the application of prescribed fire that--
                    (A) is prepared by qualified personnel;
                    (B) is approved by the Secretary concerned;
                    (C) includes criteria under which the prescribed 
                fire will be conducted;
                    (D) is prepared in accordance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (E) covers a unit of the National Forest System, a 
                Bureau of Land Management district, or a subunit of 
                such a unit or district;
                    (F) analyzes the site-specific environmental 
                consequences and benefits of prescribed fire on land 
                described in subparagraph (E); and
                    (G) obviates the need for subsequent decisions 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) with respect to the unit, 
                district, or subunit described in subparagraph (E).
            (4) National forest system.--
                    (A) In general.--The term ``National Forest 
                System'' has the meaning given the term in section 
                11(a) of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1609(a)).
                    (B) Exclusions.--The term ``National Forest 
                System'' does not include the national grasslands or 
                land utilization projects administered under title III 
                of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et 
                seq.).
            (5) Prescribed fire.--
                    (A) In general.--The term ``prescribed fire'' means 
                a wildland fire originating from a planned ignition, 
                other than suppression firing, in accordance with 
                applicable laws, policies, and regulations to meet 
                specific objectives.
                    (B) Exclusion.--The term ``prescribed fire'' does 
                not include a fire that is ignited for the primary 
                purpose of pile burning.
            (6) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary; and
                    (B) the Secretary of Agriculture.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary, in the case of land under the 
                jurisdiction of the Secretary, acting through the 
                Director of the Bureau of Land Management (or a 
                designee); and
                    (B) the Secretary of Agriculture, in the case of 
                land under the jurisdiction of the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service (or a designee).

                         TITLE I--USE OF FUNDS

SEC. 101. PRESCRIBED FIRE FUNDING.

    (a) Funding Flexibility.--
            (1) Department of agriculture.--Of the funds appropriated 
        for each fiscal year for hazardous fuels management in the 
        National Forest System, the Secretary of Agriculture may use 
        not more than 15 percent to carry out the activities described 
        in subsection (b), in addition to any amounts otherwise 
        available to carry out those activities.
            (2) Department of the interior.--Of the funds appropriated 
        for each fiscal year for hazardous fuels management and post-
        fire activities in the account for wildland fire management of 
        the Department of the Interior, the Secretary may use not more 
        than 15 percent to carry out the activities described in 
        subsection (b), in addition to any amounts otherwise available 
        to carry out those activities.
    (b) Description of Activities.--The activities referred to in 
subsection (a) are--
            (1) with respect to prescribed fires on Federal land, or on 
        non-Federal land if the Secretary concerned determines that 
        such activities would benefit resources on Federal land--
                    (A) entering into procurement contracts or 
                cooperative agreements for prescribed fire activities;
                    (B) issuing grants to a State, a Tribal government, 
                a local government, a prescribed fire council, a 
                prescribed burn association, or a nonprofit 
                organization for the implementation of prescribed 
                fires, including--
                            (i) carrying out necessary environmental 
                        reviews;
                            (ii) carrying out any site preparation 
                        necessary for implementing prescribed fires; 
                        and
                            (iii) conducting any required pre-ignition 
                        cultural or environmental surveys; and
                    (C) conducting outreach to the public, Indian 
                Tribes and beneficiaries, and adjacent landowners;
            (2) implementing prescribed fires on non-Federal land, if 
        the Secretary concerned determines that the prescribed fire 
        would benefit Federal land, including--
                    (A) carrying out necessary environmental reviews;
                    (B) carrying out any site preparation necessary for 
                implementing prescribed fires; and
                    (C) conducting any required pre-ignition cultural 
                and environmental surveys;
            (3) providing to Federal employees and cooperators training 
        for prescribed fire and basic smoke management practices;
            (4) conducting post-prescribed fire activities, such as 
        monitoring for hazard trees or reignitions and invasive species 
        management;
            (5) providing technical or financial assistance to a State, 
        Tribal government, local government, prescribed fire council, 
        prescribed burn association, or nonprofit organization for the 
        purpose of providing training for prescribed fire or basic 
        smoke management practices, consistent with any standards 
        developed by the National Wildfire Coordinating Group or State 
        prescribed fire standards; and
            (6) providing funding for the applicable Collaborative 
        Prescribed Fire Program established under section 103.
    (c) Prioritization.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        concerned shall coordinate with the other Secretary concerned, 
        State and local government agencies, Indian Tribes, and other 
        applicable nongovernmental entities to establish prioritization 
        criteria for expending amounts pursuant to subsection (a) for 
        activities described in paragraphs (2), (5), and (6) of 
        subsection (b).
            (2) Requirement.--In establishing criteria under paragraph 
        (1), the Secretary concerned shall give priority to a project 
        that is--
                    (A) implemented across a large contiguous area;
                    (B) cross-boundary in nature;
                    (C) in an area that is--
                            (i) within or adjacent to the wildland-
                        urban interface and identified as a priority 
                        area in a statewide forest action plan or 
                        Community Wildfire Protection Plan; or
                            (ii) identified as important to the 
                        protection of a Tribal trust resource or the 
                        reserved or treaty rights of an Indian Tribe;
                    (D) on land that is at high or very high risk of 
                experiencing a wildfire that would be difficult to 
                suppress;
                    (E) in an area that is designated as critical 
                habitat and in need of ecological restoration or 
                enhancement that can be achieved with the aid of 
                prescribed fire;
                    (F) supportive of potential operational 
                delineations or strategic response zones; or
                    (G) for the purpose of maintaining existing fuels 
                treatments in an area.

SEC. 102. POLICIES AND PRACTICES.

    (a) Increasing Prescribed Fire.--Beginning with the first fiscal 
year that begins after the date of enactment of this Act, and for each 
of the 9 fiscal years thereafter, the Secretaries shall conduct 
prescribed fires on Federal land such that the total acreage of Federal 
land on which prescribed fires are conducted is not less than 10 
percent greater than the total acreage of all Federal land on which 
prescribed fires were conducted during the preceding fiscal year.
    (b) Operational Strategy.--The Secretary concerned shall develop, 
in coordination with State, local, and Tribal governments, a prescribed 
fire operational strategy for the National Forest System or the 
Department of the Interior, as applicable, that describes--
            (1) the fire deficit by unit, district, or subunit; and
            (2) staffing and funding needs to address the fire deficit 
        under paragraph (1).

SEC. 103. COLLABORATIVE PRESCRIBED FIRE PROGRAM.

    (a) In General.--The Secretary concerned, in coordination with the 
other Secretary concerned, shall establish a Collaborative Prescribed 
Fire Program (referred to in this section as the ``program'') to select 
and fund prescribed fire projects (each of which is referred to in this 
section as a ``project'') in accordance with--
            (1) the prioritization criteria established under section 
        101(c);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (3) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (4) the applicable land use or land management plan; and
            (5) any other applicable law.
    (b) Eligibility Criteria.--To be eligible for nomination under 
subsection (c), a proposal for a project shall--
            (1) be consistent with a landscape restoration and 
        prescribed fire strategy--
                    (A) that is complete or substantially complete;
                    (B) that identifies and prioritizes prescribed fire 
                treatments for a 10-year period within a landscape that 
                is--
                            (i) not less than 50,000 acres;
                            (ii) composed primarily of forested Federal 
                        land under the jurisdiction of the Secretary 
                        concerned, but may also include other Federal, 
                        State, Tribal, or private land, if a treatment 
                        on that land would benefit the applicable 
                        Federal land; and
                            (iii) in need of--
                                    (I) active ecosystem restoration; 
                                or
                                    (II) maintenance activities to 
                                retain previously treated land in a 
                                wildfire-resilient state;
                    (C) that incorporates the best available science 
                and scientific application tools to identify project 
                areas;
                    (D) that fully maintains, or contributes toward the 
                restoration of, the structure and composition of old 
                growth stands according to the pre-fire suppression old 
                growth conditions characteristic of the forest type--
                            (i) taking into account the contribution of 
                        the stand to landscape fire adaptation and 
                        watershed health; and
                            (ii) retaining the large trees contributing 
                        to old growth structure;
                    (E) under which would be carried out any forest 
                restoration treatments that reduce hazardous fuels 
                through the use of prescribed fire for ecological 
                restoration and maintenance and reestablishing natural 
                fire regimes, where appropriate, which--
                            (i) may include site preparation, if 
                        necessary to prepare the landscape for 
                        reestablishment of a natural fire regime; and
                            (ii) shall maximize the retention of large 
                        trees, as appropriate for the forest type, to 
                        the extent that the trees promote fire-
                        resilient stands; and
                    (F) under which--
                            (i) no permanent roads would be 
                        established; and
                            (ii) funding would be committed to 
                        decommission all temporary roads constructed to 
                        carry out the strategy that do not have a 
                        planned use for maintaining fuels treatments;
            (2) be developed and implemented through a collaborative 
        process that--
                    (A) includes multiple interested persons 
                representing diverse interests;
                    (B) includes States, Tribal governments, and units 
                of local government; and
                    (C) is transparent and nonexclusive;
            (3) describe plans, as applicable--
                    (A) to reduce the risk of uncharacteristic 
                wildfire;
                    (B) to improve fish and wildlife habitat, including 
                for endangered, threatened, and sensitive species;
                    (C) to maintain or improve water quality and 
                watershed function;
                    (D) to prevent, remediate, or control invasions of 
                exotic species;
                    (E) to maintain, decommission as described in 
                paragraph (1)(F)(ii), and rehabilitate roads and 
                trails;
                    (F) to report annually on the efficacy of the 
                proposed project in terms of landscape restoration and 
                uncharacteristic wildfire risk reduction, including 
                setting accomplishment targets for the proposed 
                project;
                    (G) to take into account and, when practicable, 
                work within the bounds of any applicable community 
                wildfire protection plan; and
                    (H) to mitigate smoke impacts on nearby 
                communities;
            (4) include an analysis of any reduction in wildfire risk, 
        including anticipated cost savings and savings resulting from--
                    (A) a reduced wildfire risk to high-value 
                resources; and
                    (B) a decrease in the unit costs of implementing 
                ecological restoration treatments over time;
            (5) include estimates of--
                    (A) the amount of annual Federal funding necessary 
                to implement the proposed project; and
                    (B) the amount of non-Federal investment for 
                carrying out the proposed project that would be 
                leveraged;
            (6) describe the collaborative process described in 
        paragraph (2) through which the proposal was developed, 
        including a description of--
                    (A) participation by, or consultation with, State, 
                local, and Tribal governments; and
                    (B) any established record of successful 
                collaborative planning and implementation of prescribed 
                fire projects on National Forest System land and other 
                land included in the proposal by the collaborators;
            (7) propose to benefit local economies by providing local 
        employment or training opportunities through contracts, grants, 
        or agreements for planning, design, implementation, or 
        monitoring with--
                    (A) local private, nonprofit, or cooperative 
                entities;
                    (B) Youth Conservation Corps crews or related 
                partnerships with State, local, and nonprofit youth 
                groups;
                    (C) existing or proposed small or micro businesses, 
                clusters, or incubators; or
                    (D) other entities that will hire or train local 
                individuals to complete those contracts, grants, or 
                agreements; and
            (8) be subject to any other requirements that the Secretary 
        concerned determines to be necessary for the efficient and 
        effective administration of the program.
    (c) Nomination Process.--
            (1) Submission.--A proposal for a project shall be 
        submitted to the appropriate Regional Forester, State Director, 
        or other similar official.
            (2) Nomination.--
                    (A) In general.--An official described in paragraph 
                (1) may nominate for selection by the Secretary 
                concerned any proposals received by the official under 
                that paragraph that meet the eligibility criteria 
                described in subsection (b).
                    (B) Concurrence.--In the case of a proposal for a 
                project that involves activities on the land of both 
                Secretaries concerned, a nomination under subparagraph 
                (A) shall include the concurrence of the appropriate 
                official for the applicable land that is not under the 
                jurisdiction of the official nominating the proposal.
            (3) Other land.--In the case of a proposal for a project 
        that involves activities on land that is not under the 
        jurisdiction of either Secretary concerned, a nomination under 
        paragraph (2)(A) shall include evidence that the landowner 
        intends to participate in, and provide appropriate funding to 
        carry out, the activities.
            (4) State land.--In the case of a proposal for a project 
        that involves activities on State land, a nomination under 
        paragraph (2)(A) shall include a certification of the consent 
        of the applicable State official.
    (d) Selection Process.--
            (1) In general.--The Secretary concerned, in consultation 
        with the other Secretary concerned, shall select for 
        implementation proposals for projects--
                    (A) that have been nominated under subsection 
                (c)(2);
                    (B) that meet the eligibility criteria described in 
                subsection (b); and
                    (C) in accordance with the prioritization criteria 
                established under section 101(c).
            (2) Criteria.--In selecting proposals under paragraph (1), 
        the Secretary concerned shall give special consideration to--
                    (A) the proposed projects most likely to succeed in 
                completing landscape restoration and uncharacteristic 
                wildfire risk reduction;
                    (B) the strength of the proposal, including the 
                landscape restoration strategy described in subsection 
                (b)(1) of the proposal;
                    (C) the strength of the ecological case of the 
                proposal and the proposed ecological restoration 
                strategies under the proposal;
                    (D) the strength of the collaborative process 
                described in subsection (b)(2) through which the 
                proposal was developed and the likelihood of successful 
                collaboration throughout implementation;
                    (E) the extent to which the proposal is likely to 
                achieve reductions in long-term wildfire risk and 
                increased protection of high-value resources;
                    (F) the extent to which an appropriate level of 
                non-Federal investment would be leveraged in carrying 
                out the proposed project; and
                    (G) ensuring geographic diversity of projects 
                implemented under this section.
            (3) Limitation.--The Secretary concerned may select to be 
        funded during any fiscal year not more than the lesser of--
                    (A) 20 proposals under paragraph (1); and
                    (B) the number of proposals under paragraph (1) 
                that the Secretary concerned determines are likely to 
                receive adequate funding.
    (e) Reporting.--
            (1) Project reporting.--A recipient of financial assistance 
        to carry out a project under the program shall annually submit 
        to the Secretary concerned a report summarizing, at a minimum, 
        with respect to the year covered by the report--
                    (A) the number of acres of land treated with 
                prescribed fire by the recipient under the program; and
                    (B) the amount of Federal and non-Federal funds 
                used by the recipient under the program.
            (2) Program report.--Not later than 5 years after the first 
        fiscal year in which funding is made available to carry out 
        projects under the program, and every 5 years thereafter, the 
        Secretary concerned shall submit to the congressional 
        committees a report describing the program, including--
                    (A) the efficacy of the program;
                    (B)(i) the annual accomplishment targets set under 
                subsection (b)(3)(F) for each project; and
                    (ii) whether, and to what extent, the projects are 
                meeting those annual accomplishment targets;
                    (C) the completion of landscape restoration and 
                uncharacteristic wildfire risk reduction activities; 
                and
                    (D) the number of projects completed.
    (f) Limitations.--
            (1) Total funding.--The Secretary concerned shall not 
        provide more than $20,000,000 in total funding for projects 
        under the program in any fiscal year.
            (2) Project size limitation.--The Secretary concerned shall 
        not provide more than $1,000,000 for any 1 project under the 
        program in any fiscal year.
            (3) Project sunset.--The Secretary concerned shall not 
        provide funding for a project under the program for a period of 
        more than 10 fiscal years.
            (4) Project cancellation.--The Secretary concerned shall 
        cease funding any project under the program that, for 3 
        consecutive years, fails to meet the annual accomplishment 
        targets set under subsection (b)(3)(F).
    (g) Funding.--Of the amounts made available under section 101(a), 
the Secretary concerned may use to carry out this section not more than 
$10,000,000 for each of fiscal years 2027 through 2036.
    (h) Sunset.--The Secretary concerned shall not approve a new 
project under the program beginning on the first day of the fiscal year 
that is 10 years after the fiscal year for which the first project is 
authorized.

           TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH

SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) an Indian Tribe;
            (3) a county or municipal government;
            (4) a fire district;
            (5) a nongovernmental organization; and
            (6) a private entity.
    (b) Authorization.--The Secretary concerned 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 in accordance with other applicable laws, regulations, 
and land management plans.
    (c) Subcontracts.--The Secretary concerned may authorize a State, 
an Indian Tribe, or a county that enters into a cooperative agreement 
or contract under subsection (b) to enter into a subcontract to conduct 
a prescribed fire on Federal land pursuant to that cooperative 
agreement or contract, subject to any other terms and conditions that 
the Secretary concerned determines to be appropriate.
    (d) Long-Term Contracts.--A cooperative agreement 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 beginning on the date on which the 
cooperative agreement or contract is entered into.

SEC. 202. HUMAN RESOURCES.

    (a) Prescribed Fire Workforce.--
            (1) Increasing workforce retention.--
                    (A) Hazard pay.--Each Federal employee in any 
                classification series, as identified by the 
                Secretaries, may be entitled to be paid the appropriate 
                differential under subsection (d) of section 5545 of 
                title 5, United States Code, as if such employee was 
                covered by such subsection, when such employee carries 
                out work on the site of a prescribed fire directly 
                related to the ignition, management, and control of the 
                prescribed fire.
                    (B) Incentive payments for fuels assignments.--The 
                Secretaries shall submit to the congressional 
                committees a joint report describing mechanisms to 
                attract and retain a skilled fuels workforce, including 
                pay incentives that would account for and offset the 
                more competitive pay options offered through wildfire 
                suppression assignments.
            (2) Dedicated prescribed fire task forces.--
                    (A) In general.--The Secretaries shall, not later 
                than 180 days after the date of enactment of this Act, 
                establish at least 6 multiparty task forces of Federal 
                employees and non-Federal entities covering 
                geographically diverse areas to plan, lead, and support 
                prescribed fire across ownership boundaries that are 
                priorities at the landscape, region, State, or Federal 
                level.
                    (B) Cooperative agreements.--The Secretaries may 
                enter into 1 or more cooperative agreements to carry 
                out this paragraph.
            (3) Conversion of seasonal firefighters to permanent 
        employees.--Not later than 1 year after the date of enactment 
        of this Act, the Secretaries shall determine methods for 
        converting seasonal firefighters to permanent employees, 
        including the activities that the employees would be engaged in 
        to mitigate wildfire risk outside of the wildfire season.
            (4) Employment of formerly incarcerated individuals.--
                    (A) In general.--The Secretaries, in consultation 
                with the Attorney General and State departments of 
                corrections, shall seek to provide career pathways, 
                training, and wraparound support services, including 
                through partnerships with the Corps Network, to 
                individuals described in subparagraph (B) to work as 
                prescribed fire practitioners.
                    (B) Individuals described.--An individual referred 
                to in subparagraph (A) is an individual that--
                            (i) has been convicted in any court of a 
                        criminal offense, other than arson or a violent 
                        crime (as defined by the Secretaries, in 
                        consultation with the Attorney General and 
                        State departments of corrections), and was 
                        sentenced to a term of imprisonment for that 
                        offense; and
                            (ii) during the term of imprisonment 
                        described in clause (i), served on a wildland 
                        firefighting crew or received other comparable 
                        training.
            (5) Veterans crews.--
                    (A) In general.--The Secretaries, in consultation 
                with the Secretary of Veterans Affairs, shall seek--
                            (i) to provide a career pathway to 
                        individuals described in subparagraph (B) to 
                        work as prescribed fire practitioners; and
                            (ii) to establish crews composed 
                        predominantly of veterans to conduct prescribed 
                        fires.
                    (B) Individuals described.--An individual referred 
                to in subparagraph (A) is an individual who--
                            (i) served in the active military, naval, 
                        or air service; and
                            (ii) was discharged or released under 
                        conditions other than dishonorable.
    (b) Additional Training Centers.--Subject to the availability of 
appropriations, not later than 2 years after the date of enactment of 
this Act, 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, operate, and facilitate 5 prescribed fire 
        training programs or centers that offer training in prescribed 
        fire in geographically diverse areas where such a program or 
        center does not exist on the date of enactment of this Act; and
            (2) support the establishment of an Indigenous-led 
        prescribed fire and cultural burning training center operated 
        by an Indian Tribe or in partnership with Indian Tribes.
    (c) Competencies for Firefighters.--The Secretaries, in 
coordination with the Fire Executive Council, shall task the National 
Wildfire Coordinating Group with the duty to adjust training 
requirements to obtain a certification to serve in a supervisory role 
for a prescribed fire and any other positions determined to be 
necessary by the Secretaries--
            (1) in order to reduce the time required to obtain such a 
        certification; and
            (2) such that significant experience, gained exclusively 
        during a prescribed fire, is required to obtain such a 
        certification.
    (d) Enhancing Interoperability Between Federal and Non-Federal 
Practitioners.--
            (1) Qualification databases and dispatch systems.--The 
        Secretaries shall establish a collaborative process to create 
        mechanisms for non-Federal-agency fire practitioners to be 
        included in prescribed fire and wildfire resource ordering and 
        reimbursement processes.
            (2) Partnership agreements.--The Secretaries shall--
                    (A) develop partnership agreements for prescribed 
                fire with all relevant State, Federal, Tribal, 
                university, and nongovernmental entities that choose to 
                be included in resource ordering and reimbursement 
                processes under paragraph (1);
                    (B) create agreements and structures necessary to 
                include non-Federal-agency and other nontraditional 
                partners in direct work with Federal agencies to 
                address prescribed fires; and
                    (C) treat any prescribed fire practitioner meeting 
                applicable National Wildfire Coordinating Group 
                standards as eligible to be included in statewide 
                participating agreements.

SEC. 203. LIABILITY OF PRESCRIBED FIRE MANAGERS.

    (a) Definitions.--In this section:
            (1) Covered activity.--The term ``covered activity'' means 
        an activity carried out on Federal land directly related to a 
        wildland fire, prescribed fire, or prescribed fire with 
        cultural objectives in the course of executing a Federal 
        action.
            (2) Covered entity.--The term ``covered entity'' means 1 or 
        more persons acting on behalf of a Federal agency in the 
        service of the United States engaged in a covered activity, if 
        those 1 or more persons are acting--
                    (A) under the direct supervision of a Federal 
                agency; and
                    (B) within the scope of a contract or agreement in 
                carrying out that covered activity.
    (b) Indemnity of Federal and Tribal Employees.--The Secretaries, in 
coordination with the Attorney General, shall develop, for employees 
involved in covered activities, a voluntary training course 
describing--
            (1) liability protections afforded to those employees when 
        acting within the scope of their employment;
            (2) the limits on any liability protections under paragraph 
        (1); and
            (3) reimbursements available for qualified employees for 
        professional liability insurance under section 636 of division 
        A of Public Law 104-208 (5 U.S.C. prec. 5941 note).
    (c) Indemnity of Other Cooperators.--
            (1) In general.--Beginning on the date of enactment of this 
        Act, a covered entity shall be considered to be an employee of 
        the Federal Government for purposes of chapter 171 of title 28, 
        United States Code (commonly known as the ``Federal Tort Claims 
        Act''), while that covered entity is engaged in covered 
        activities.
            (2) Guidance.--Not later than 1 year after the date of 
        enactment of this Act, the Secretaries, in consultation with 
        the Attorney General, shall issue guidance on the necessary 
        provisions and implementation requirements for contracts or 
        agreements that would extend liability protections to covered 
        entities under paragraph (1).
            (3) Reimbursement.--Beginning in the first fiscal year that 
        begins after the date of enactment of this Act, the Secretaries 
        shall request, through annual appropriations, funds sufficient 
        to reimburse the Treasury for any claims paid during the prior 
        fiscal year pursuant to paragraph (1).
    (d) Effect.--Nothing in this section limits or otherwise affects--
            (1) the application of any statutory or judicial immunity 
        to Federal employees;
            (2) the application of chapter 171 of title 28, United 
        States Code (commonly known as the ``Federal Tort Claims 
        Act''), to Federal employees; or
            (3) the application of section 314 of Public Law 101-512 
        (25 U.S.C. 5321 note).

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, including 
                impacts from smoke from wildfires and prescribed fires.
            (2) Coordination among federal, tribal, and state air 
        quality agencies and federal, tribal, and state land management 
        agencies.--To facilitate the use of prescribed fire on Federal, 
        State, Tribal, and private land, 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.)--
                    (A) to the maximum extent practicable, to provide 
                State, Tribal, and local air quality agencies with 
                guidance, data, imagery, or modeling to support the 
                development of exceptional event demonstrations in 
                accordance with sections 50.14 and 51.930 of title 40, 
                Code of Federal Regulations (or successor regulations);
                    (B) to develop archives and automated tools to 
                provide State, Tribal, and local air quality agencies 
                with the data, imagery, and modeling under subparagraph 
                (A);
                    (C) to develop decision support tools for State, 
                Tribal, and local air quality agencies to assist in 
                determining whether an exceptional event demonstration, 
                if the Administrator of the Environmental Protection 
                Agency concurs with such demonstration, would have 
                regulatory significance;
                    (D) to provide technical assistance, best 
                practices, or templates to States, Indian Tribes, and 
                local governments for use in approving the use of 
                prescribed fire under a State, Tribal, or local 
                government smoke management program;
                    (E)(i) to promote basic smoke management practices 
                and other best practices to protect the public from 
                wildland fire smoke;
                    (ii) to disseminate information about basic smoke 
                management practices;
                    (iii) to educate landowners that use prescribed 
                fire about the importance of--
                            (I) using basic smoke management practices; 
                        and
                            (II) including basic smoke management 
                        practices as a component of a prescribed fire 
                        plan; and
                    (iv) to share with the public, in coordination with 
                other public health agencies, information about 
                measures that individuals can take to protect 
                themselves from wildland fire smoke; and
                    (F) to develop guidance and tools to streamline the 
                demonstration of a clear causal relationship between 
                prescribed fire smoke and a related exceedance of a 
                national ambient air quality standard.
            (3) Exceptional event demonstrations.--
                    (A) In general.--The appropriate State or Tribal 
                air quality agency (including any local air quality 
                agency delegated authority by a State) may develop and 
                submit to the Administrator of the Environmental 
                Protection Agency an exceptional event demonstration in 
                accordance with sections 50.14 and 51.930 of title 40, 
                Code of Federal Regulations (or successor regulations), 
                for a prescribed fire.
                    (B) Approval.--The Administrator of the 
                Environmental Protection Agency shall concur with an 
                exceptional event demonstration submitted under 
                subparagraph (A) in accordance with the requirements of 
                sections 50.14 and 51.930 of title 40, Code of Federal 
                Regulations (or successor regulations), including that 
                the applicable prescribed fire was not reasonably 
                controllable or preventable and that the applicable 
                prescribed fire was a human activity unlikely to recur, 
                if the State or Tribal air quality agency demonstrates 
                in that exceptional event demonstration that, at a 
                minimum, the applicable prescribed fire was--
                            (i) conducted in accordance with a State or 
                        Tribal smoke management program or basic smoke 
                        management practices; and
                            (ii) consistent with a land or resource 
                        management plan with a stated objective to 
                        establish, restore, or maintain a sustainable 
                        and resilient ecosystem.
                    (C) Demonstration assistance for federal land.--For 
                any prescribed fire conducted on Federal land, the 
                Secretary concerned--
                            (i) shall assist with the development of an 
                        exceptional event demonstration under 
                        subparagraph (A) on request of a State or 
                        Tribal air quality agency; and
                            (ii) may develop and submit an exceptional 
                        event demonstration under subparagraph (A) with 
                        the concurrence of the applicable State or 
                        Tribal air quality agency.
            (4) Programs and research.--To address the public health 
        and safety risk of the expanded use of prescribed fire under 
        this Act, the Secretaries, 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 consistent 
                strategies to mitigate the impacts of smoke from 
                prescribed fire on nearby communities;
                    (D) consistent nationally and scientifically 
                supported messages regarding personal protection 
                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) Inclusion of landscape-scale prescribed fire plans.--
        The Secretary concerned shall, with respect to units of the 
        National Forest System or 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 prescribed fire 
                plans; and
                    (B) not later than 2 years after the date of 
                enactment of this Act--
                            (i) determine whether each plan described 
                        in subparagraph (A) requires revision;
                            (ii) establish a schedule for the revision 
                        of each plan described in subparagraph (A) that 
                        requires revision; and
                            (iii) develop landscape-scale prescribed 
                        fire plans for any units or districts that do 
                        not have landscape-scale prescribed fire plans.
            (2) Environmental compliance.--In carrying out paragraph 
        (1), 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, including the 
                environmental and economic consequences of a landscape-
                scale prescribed fire relative to a wildland fire.
            (3) Collaborative development.--In carrying out paragraph 
        (1), the Secretary concerned shall collaborate with diverse 
        actors from academia, Forest Service and Bureau of Land 
        Management research and development programs, nongovernmental 
        organizations, cultural fire practitioners, and other entities, 
        as determined appropriate by the Secretary concerned.
            (4) Consultation with indian tribes.--The Secretary 
        concerned shall engage in government-to-government consultation 
        with Indian Tribes in complying with this subsection.
            (5) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        concerned shall submit to Congress a report describing the 
        progress of the Secretary concerned with respect to carrying 
        out this subsection.

SEC. 205. PRESCRIBED FIRE EDUCATION PROGRAM.

    (a) In General.--The Secretaries shall carry out a national 
prescribed fire education program focused on fire ecology and 
prescribed fire planning and implementation.
    (b) Program Elements.--A prescribed fire education program under 
subsection (a) may include--
            (1) public service advertisements;
            (2) the use of social media;
            (3) campaign and educational activities and materials;
            (4) commercial licensing;
            (5) character images and appearances; and
            (6) awards and recognition.

                  TITLE III--REPORTING; OTHER MATTERS

SEC. 301. ANNUAL REPORTS TO NATIONAL FIRE PLANNING AND OPERATIONS 
              DATABASE.

    (a) Purpose.--The purpose of this section is to ensure an accurate 
reporting of annual prescribed fire accomplishments in the United 
States.
    (b) Cost-Share.--Subject to the availability of appropriations, the 
Secretary may provide financial assistance to States to pay a portion 
of the costs associated with annually reporting to the National Fire 
Planning and Operations Database (or a successor database) the 
prescribed fire accomplishments of the State.
    (c) Eligibility for Funds.--If, by December 31 of a calendar year, 
a State has not submitted to the National Fire Planning and Operations 
Database (or a successor database) a report describing, at a minimum, 
the number of acres on which uncharacteristic wildfire risk is 
effectively mitigated 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. 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 the 
congressional committees a report describing the activities carried out 
under this Act.

SEC. 303. SAVINGS PROVISION.

    Nothing in this Act prevents or precludes the Secretary concerned 
from continuing hazardous fuels management activities authorized as of 
the date of enactment of this Act.
                                                       Calendar No. 635

119th CONGRESS

  2d Session

                                S. 2015

_______________________________________________________________________

                                 A BILL

     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 emphasis on units of the National Forest System in the western and 
    southeastern United States, to acknowledge and support the long-
   standing use of cultural burning by Indian Tribes and Indigenous 
                 practitioners, and for other purposes.

_______________________________________________________________________

                           September 17, 2026

                       Reported with an amendment
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