,,ii #aafth ,,congress #b;d ,session ,s4 #dfbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjbj ,mr4 ,wyden 7for himself1 ,mr4 ,manchin1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,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 ,service1 with an emphasis on units of the ,national ,forest ,system in the western ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,prescribed ,fire ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,,title ,i--,use of ,funds ,sec4 #aja4 ,prescribed fire accounts4 ,sec4 #ajb4 ,policies and practices4 ,sec4 #ajc4 ,collaborative prescribed fire program4 ,sec4 #ajd4 ,large cross-boundary prescribed fire incentive program4 ,,title ,,ii--,facilitating ,implementation and ,outreach ,sec4 #bja4 ,cooperative agreements and contracts4 ,sec4 #bjb4 ,human resources4 ,sec4 #bjc4 ,liability of certified prescribed fire managers4 ,sec4 #bjd4 ,environmental review4 ,sec4 #bje4 ,prescribed fire education program4 ,,title ,,iii--,reporting2 ,termination ,sec4 #cja4 ,annual reports to the ,national ,interagency ,fire ,center4 ,sec4 #cjb4 ,termination date4 #b4 ,findings ,congress finds that-- 7#a7 in #bjah1 the ,forest ,service ,fire ,modeling ,institute determined that #fc1jgj1jjj acres of ,national ,forest ,system land and #aga1bjj1jjj acres of other forest land were at high or very high risk of experiencing a wildfire that would be difficult to suppress2 7#b7 according to the ,national ,interagency ,coordination ,center1 between #bjji and #bjah1 in the ,united ,states1 on average-- 7,a7 #fg1jjj wildfires burned #g1jjj1jjj acres annually2 and 7,b7 #hf1cde prescribed fires burned only #c1jjj1jjj acres annually2 7#c7 according to the ,national ,interagency ,coordination ,center1 the annual cost of suppressing wildfires in a ,state with an active prescribed burning program is less than #a percent of the annual cost of suppressing wildfires in a ,state without an active prescribed burning program1 despite each ,state having the same number of wildfires2 7#d7 according to a #bjag study published in the ,journal of ,forestry1 on a given acre1 a prescribed fire burning in ,april or ,may produces less than #a_/e of the smoke emissions of a wildfire that would burn on that acre in ,august2 7#e7 according to a #bjai study conducted by ,stanford ,university1 smoke from prescribed fires exposes children to fewer negative health effects than the detrimental smoke generated by wildfires2 7#f7 according to a #bjae study published in ,ecology1 trees that have not been burnt by a low-intensity fire are unusually prone to bark beetle attacks1 and between #bjjj and #bjaj1 bark beetles killed the majority of trees on #cb1jjj1jjj acres of the #aic1jjj1jjj acres of ,national ,forest ,system land2 7#g7 as of ,september #cj1 #bjai1 there were-- 7,a7 #cg prescribed fire councils in #cc ,states2 and 7,b7 #fd prescribed burn associations in #aa ,states2 7#h7 according to the #bjah ,national ,prescribed ,fire ,use ,survey ,report-- 7,a7 #cg ,states regulate prescribed fires by issuing burn permits2 7,b7 #bc ,states offer prescribed burn manager certification courses to facilitate responsible burning on private land2 7,c7 only #e ,states 7,vermont1 ,massachusetts1 ,missouri1 ,connecticut1 and ,rhode ,island7 lack laws to reduce liability associated with the responsible use of prescribed fire2 and 7,d7 only #h ,states 7,florida1 ,montana1 ,nevada1 ,colorado1 ,michigan1 ,georgia1 ,south ,carolina1 and ,washington7 have laws that use a standard of gross negligence for determining liabilities for the responsible use of prescribed fire2 and 7#i7 as of ,september #cj1 #bjai1 #ca ,states have a formal process to track the number of acres treated for forestry purposes using prescribed fire4 #c4 ,definitions ,in this ,act3 7#a7 ,federal land ,the term ,federal land means-- 7,a7 public land 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 7,b7 units of the ,national ,park ,system2 7,c7 units of the ,national ,wildlife ,refuge ,system2 7,d7 land held in trust by the ,united ,states for the benefit of ,indian ,tribes or members of an ,indian ,tribe2 and 7,e7 land in the ,national ,forest ,system4 7#b7 ,national ,forest ,system 7,a7 ,in general ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7,b7 ,exclusion ,the term ,national ,forest ,system does not include-- 7i7 the national grasslands and land utilization projects administered under title ,,iii of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj et seq472 or 7ii7 ,national ,forest ,system land east of the #ajjth meridian4 7#c7 ,prescribed fire ,the term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state-- 7,a7 under specified environmental conditions that 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 objectives2 and 7,b7 in accordance with applicable law1 including applicable regulations4 7#d7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary2 and 7,b7 the ,secretary of ,agriculture4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,i ,use of ,funds #aja4 ,prescribed fire accounts 7a7 ,definition of ,secretary concerned ,in this section1 the term ,secretary concerned means-- 7#a7 the ,secretary of ,agriculture1 with respect to an account established by this section for the ,department of ,agriculture2 and 7#b7 the ,secretary1 with respect to an account established by this section for the ,department of the ,interior4 7b7 ,establishment of accounts ,there are established in the ,treasury of the ,united ,states the following accounts3 7#a7 ,the ,prescribed ,fire account for the ,department of ,agriculture4 7#b7 ,the ,prescribed ,fire account for the ,department of the ,interior4 7c7 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjbb and each fiscal year thereafter for the accounts established by subsection 7b7 such sums as are necessary to carry out this section1 not to exceed #cjj1jjj1jjj4 7d7 ,presidential budget requests ,for fiscal year #bjbb and each fiscal year thereafter1 each ,secretary concerned shall submit1 through the budget request of the ,president1 a request for amounts in the ,wildland ,fire ,management appropriation account of the ,secretary concerned to carry out the activities described in subsection 7e74 7e7 ,authorized activities ,the ,secretary concerned shall use amounts in the accounts established by subsection 7b7 as follows3 7#a7 ,the ,secretary concerned shall-- 7,a7 develop a prescribed fire burn plan1 carry out necessary environmental review1 conduct outreach to the public1 ,indian ,tribes1 and adjacent landowners1 and implement a prescribed fire on ,federal land2 7,b7 hire additional personnel and procure additional equipment1 including unmanned aerial systems equipped with an aerial ignition system1 to implement a greater number of prescribed fires2 7,c7 provide training for the implementation of a prescribed fire2 7,d7 conduct post-prescribed burning activities1 including reseeding to prevent the spread of invasive species2 and 7,e7 conduct monitoring for safety and fire effects4 7#b7 ,the ,secretary concerned may assist ,state1 ,tribal1 local government1 or private prescribed fire programs-- 7,a7 to provide federally sponsored insurance administered by ,states1 in conjunction with ,state-sponsored training and certification programs1 for private persons implementing prescribed fires2 7,b7 to establish a training or certification program for teams comprised of citizens or local fire services to conduct prescribed fires on private land1 consistent with any standards developed by the ,national ,wildfire ,coordinating ,group or ,state prescribed fire standards2 7,c7 to enable additional fire managers and apparatus1 whether provided by the local resources of an agency1 private contractors1 nongovernmental organizations1 ,indian ,tribes1 local fire services1 or qualified individuals1 to be present while implementing a prescribed fire2 7,d7 pursuant to the memorandum of agreement authorized under section #bjc2 or 7,e7 to finance the implementation of a prescribed fire on ,state1 ,tribal1 or private land and any post-prescribed burning activities as are determined to be necessary by the ,secretary concerned4 7#c7 ,the ,secretary concerned may provide technical or financial assistance to a prescribed fire council or prescribed burn association for the establishment or operation of the council or association4 7#d7 ,the ,secretary may provide funding for the collaborative prescribed fire program established under section #ajc4 7#e7 ,the ,secretary may provide funding for the large cross-boundary prescribed fire program established under section #ajd4 7f7 ,prioritization of funding 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary concerned shall coordinate with ,federal1 ,state1 and local agencies1 ,indian ,tribes1 and qualified nongovernmental organizations1 including through the ,wildland ,fire ,leadership ,council1 to establish prioritization criteria for expending funds under this section for each activity described in subsection 7e74 7#b7 ,requirement ,in establishing criteria under paragraph 7#a71 the ,secretary concerned shall give priority to projects that are-- 7,a7 implemented across large contiguous areas2 7,b7 cross-boundary in nature2 7,c7 in areas that are threatening to1 or located in1 the wildland-urban interface2 7,d7 within an area identified as a priority area in a statewide forest resource assessment2 or 7,e7 on acres at high or very high risk of experiencing a wildfire that would be difficult to suppress4 #ajb4 ,policies and practices 7a7 ,in general ,the ,secretaries shall significantly increase the number and size of prescribed fires conducted on ,federal land4 7b7 ,use of funds for prescribed fires ,from amounts appropriated to carry out the activity described in section #aja7;e77#a71 the ,secretaries may carry out prescribed fires on not more than #bj1jjj1jjj acres of ,federal land per year4 7c7 ,requiring minimum acreage ,subject to the availability of appropriations1 the ,secretaries shall carry out prescribed fires annually on at least #a1jjj1jjj acres of ,federal land4 7d7 ,increase in familiarity with prescribed fires in local units ,subject to the availability of appropriations1 not later than ,september #cj1 #bjbb1 the ,secretaries shall each have carried out a minimum of #a prescribed fire on each unit of the ,national ,forest ,system1 unit of the ,national ,wildlife ,refuge ,system1 unit of the ,national ,park ,system1 and ,bureau of ,land ,management district under the jurisdiction of the ,secretaries-- 7#a7 that includes an area that-- 7,a7 has a historical low-severity fire regime2 7,b7 has a historical fire-return interval of not more than #ce years2 and 7,c7 is larger than #ajj acres2 and 7#b7 less than #ej percent of the land of which was burned by a wildland fire during the previous #aj-year period4 #ajc4 ,collaborative prescribed fire program 7a7 ,in general ,the ,secretary shall establish within the ,department of the ,interior a collaborative prescribed fire program 7referred to in this section as the program7 to provide financial assistance to eligible entities for the implementation of proposals for the conduct of prescribed fires in priority landscapes in accordance with applicable existing policies1 including the ,national ,cohesive ,wildland ,fire ,management ,strategy4 7b7 ,proposal criteria ,to be eligible for selection for the program1 a proposal shall-- 7#a7 identify and prioritize planned prescribed fires for a #f-year period within a landscape2 7#b7 establish annual accomplishment targets for prescribed fires under the proposal2 7#c7 be developed through a collaborative process2 7#d7 be implemented across multiple jurisdictions2 7#e7 provide an estimate of-- 7,a7 the amount of annual ,federal financial assistance necessary to implement the proposal2 and 7,b7 the amount of non-,federal funds that would be leveraged2 7#f7 describe benefits to sensitive wildlife species of concern2 and 7#g7 describe any established record of successful collaborative planning or use of prescribed fire by the eligible entity4 7c7 ,selection criteria ,subject to the availability of appropriations1 the ,secretary shall select proposals for financial assistance under the program that1 as determined by the ,secretary1 would likely use the least amount of ,federal funding to treat the most acres at high or very high risk of experiencing a wildfire that would be difficult to suppress4 7d7 ,limitations 7#a7 ,number of projects ,the ,secretary may select not more than #bj proposals to be funded under the program in any fiscal year4 7#b7 ,project funding ,the ,secretary may not provide more than #a1jjj1jjj of ,federal funds under the program to any #a project in a fiscal year4 7#c7 ,project performance ,the ,secretary shall cease funding any proposal that1 for #c consecutive years1 fails to meet the annual accomplishment targets that were established under subsection 7b77#b74 7e7 ,prescribed fire training exchanges ,not less frequently than once every #c years1 a recipient of financial assistance under the program shall provide to local entities and non-local entities experiential training relating to prescribed fires4 7f7 ,reporting 7#a7 ,project reporting ,a recipient of financial assistance under the program shall annually submit to the ,secretary a report summarizing1 at a minimum-- 7,a7 the numbers of acres treated with prescribed fire by the recipient under the program2 and 7,b7 the amount of ,federal and non-,federal funds used by the recipient under the program4 7#b7 ,program reporting ,not later than #b years after the first fiscal year in which funding is made available to carry out prescribed fires under the program1 and every #b years thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the program4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbb through #bjca1 to remain available until expended4 #ajd4 ,large cross-boundary prescribed fire incentive program 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall establish an incentive program to encourage the implementation of large1 cross-boundary prescribed fires by providing incentive payments for conducting a qualified prescribed fire4 7b7 ,qualified prescribed fires 7#a7 ,criteria ,a qualified prescribed fire under the program under this section is a prescribed fire that-- 7,a7 occurred on not less than #b parcels of land that were under different ownership2 and 7,b7 had a target area identified in a prescribed fire burn plan of not less than #ej1jjj acres4 7#b7 ,multiple fires ,the ,secretary may consider a series of prescribed fires conducted within #a fiscal year by the same #a or more entities to be a qualified prescribed fire under the program under this section if the series of fires collectively meet the criteria under paragraph 7#a74 7c7 ,payments 7#a7 ,state and county incentive payments ,the ,secretary shall make payments to the ,state and county in which a qualified prescribed fire was implemented in an amount not greater than #ajj1jjj4 7#b7 ,national ,forest ,system land ,in the case of each qualified prescribed fire on a unit of the ,national ,forest ,system1 the ,secretary shall transfer to the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 an amount not greater than #ajj1jjj1 which shall be used for that unit of the ,national ,forest ,system4 7#c7 ,other ,federal land ,in the case of each qualified prescribed fire on land under the jurisdiction of the ,secretary1 the ,secretary shall increase the funding allocation to the agency of the ,department of the ,interior that manages the land in an amount not greater than #ajj1jjj4 7#d7 ,indian country ,in the case of each qualified prescribed fire in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code71 the ,secretary shall make a payment to the applicable ,indian ,tribe in an amount not greater than #ajj1jjj4 ,,ii ,facilitating ,implementation and ,outreach #bja4 ,cooperative agreements and contracts 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means a ,state1 an ,indian ,tribe1 a county or municipal government1 a fire district1 a nongovernmental organization1 including the ,nature ,conservancy1 or a private entity4 7b7 ,authorization ,the ,secretaries may enter into a cooperative agreement or contract with an eligible entity to authorize the eligible entity to coordinate1 plan1 or conduct a prescribed fire on ,federal land4 7c7 ,subcontracts ,a ,state1 ,indian ,tribe1 or county that enters into a cooperative agreement or contract under subsection 7b7 may enter into a subcontract1 in accordance with applicable contracting procedures of the ,state1 ,indian ,tribe1 or county1 to conduct a prescribed fire on ,federal land pursuant to that cooperative agreement or contract4 7d7 ,agent of ,secretary ,a cooperative agreement or contract entered into under subsection 7b7 may authorize the eligible entity to serve as the agent for the ,secretary or the ,secretary of ,agriculture in coordinating1 planning1 or conducting a prescribed fire-- 7#a7 on ,federal land2 or 7#b7 across an area that-- 7,a7 includes adjacent landowners2 and 7,b7 includes ,federal land4 7e7 ,indemnity requirements ,each eligible entity contracted for implementing a prescribed fire shall procure and maintain sufficient indemnity insurance during the entire period of performance under the cooperative agreement or contract entered into under this section4 7f7 ,applicable law ,a prescribed fire conducted under this section shall be carried out on a project-to-project basis under existing authorities of the applicable agency responsible for the management of the ,federal land4 7g7 ,preservation of decision authority ,no project authorized under this section may be undertaken without the prior written approval of the ,secretary or the ,secretary of ,agriculture4 7h7 ,long-,term contracts ,a cooperative agreement or contract with an eligible entity under subsection 7b7 may authorize the eligible entity to conduct a series of prescribed fires on ,federal land for a period of not longer than #aj years4 #bjb4 ,human resources 7a7 ,prescribed fire workforce 7#a7 ,training ,the ,secretaries shall hire additional employees and provide training and development activities1 including through partnerships with community colleges1 to increase the number of skilled and qualified prescribed fire practitioners in the ,department of the ,interior1 the ,department of ,agriculture1 ,indian ,tribes1 and other qualified organizations1 including training in smoke management practices4 7#b7 ,temporary workers 7,a7 ,in general ,the ,director of the ,office of ,personnel ,management shall provide to the ,secretaries direct hire authority in accordance with section #ccjd7;a77#c7 of title #e1 ,united ,states ,code1 to appoint qualified individuals to positions performing temporary or emergency work relating to prescribed fires1 including training1 implementation1 and post-prescribed burning activities4 7,b7 ,term of employment ,the term of the appointment of an individual under subparagraph 7,a7 shall be restricted to a period that-- 7i7 begins not more than #gb hours prior to planned ignition2 and 7ii7 ends not more than #gb hours after the prescribed fire has stopped burning4 7#c7 ,overtime payments 7,a7 ,purpose ,the purpose of the amendment made by subparagraph 7,b7 is to allow the ,secretaries to use additional new budget authority for wildfire suppression for the cost of overtime payments to employees implementing a prescribed fire4 7,b7 ,amendment ,section #bea7;b77#b77;,f77ii77,,ii7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,f77ii77,,ii77 is amended-- 7i7 in item 7bb71 by striking and at the end2 7ii7 in item 7cc71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7dd7 overtime payments to employees implementing a prescribed fire 7as defined in section #c of the ,national ,prescribed ,fire ,act of #bjbj74 4 7#d7 ,conversion of seasonal firefighters to permanent employees ,the ,secretaries may noncompetitively convert a ,federal seasonal employee to a ,federal permanent employee if-- 7,a7 the listed job duties of the employee include wildland firefighting2 7,b7 the employee received a rating of at least ,fully ,successful in each of the performance appraisals of the employee for the #e most recent seasons of ,federal employment of the employee2 and 7,c7 the job duties and performance standards of the position into which the permanent employee converts include implementing prescribed fires4 7#e7 ,employment of formerly incarcerated individuals 7,a7 ,in general ,the ,secretaries1 in consultation with the ,attorney ,general and ,state departments of corrections1 shall seek to provide a career pathway1 including through partnerships with the ,corps ,network1 to individuals described in subparagraph 7,b7 to work as prescribed fire practitioners4 7,b7 ,individuals described ,an individual referred to in subparagraph 7,a7 is an individual that-- 7i7 has been convicted in any court of a criminal offense1 other than arson1 and was sentenced to a term of imprisonment for that offense2 and 7ii7 during the term of imprisonment described in clause 7i71 served on a wildland firefighting crew or received other comparable training4 7#f7 ,underrepresented employees ,to further address the gender disparity in wildland firefighting1 the ,secretaries shall support the development and participation of women in leadership opportunities1 mentorship networks1 and training in prescribed fire1 including the ,fire ,leadership for ,women course and ,women-,in-,fire ,training ,exchange-- 7,a7 to develop strong leaders2 7,b7 to increase the number of women overseeing prescribed fires2 and 7,c7 to enhance the longevity and success of women in wildland fire management4 7#g7 ,veterans crews 7,a7 ,in general ,the ,secretaries1 in consultation with the ,secretary of ,veterans ,affairs1 shall seek-- 7i7 to provide a career pathway to individuals described in subparagraph 7,b7 to work as prescribed fire practitioners2 and 7ii7 to establish crews composed predominantly of veterans to conduct prescribed fires4 7,b7 ,individuals described ,an individual referred to in subparagraph 7,a7 is an individual who-- 7i7 served in the active military1 naval1 or air service2 and 7ii7 was discharged or released under conditions other than dishonorable4 7#h7 ,inter-,tribal organizations ,the ,secretaries may provide funding to ,tribal and inter-,tribal organizations1 including the ,intertribal ,timber ,council1 to provide training and workforce development opportunities in wildland fire4 7b7 ,additional training centers ,subject to the availability of appropriations1 not later than ,september #cj1 #bjbc1 the ,secretary1 in cooperation with the ,secretary of ,agriculture 7and the ,secretary of ,defense in the case of a center located on a military installation71 shall-- 7#a7 establish and operate a prescribed fire training center in a western ,state2 7#b7 continue to operate a prescribed fire training center in an eastern ,state2 7#c7 establish a virtual prescribed fire training center2 and 7#d7 establish and operate a managed-wildfire training center4 7c7 ,competencies for firefighters 7#a7 ,updates to required competencies for specific firefighter positions ,the ,secretaries1 in coordination with the ,fire ,executive ,council1 the ,national ,association of ,state ,foresters1 and the ,intertribal ,timber ,council1 shall task the ,national ,wildfire ,coordinating ,group to add a requirement for an individual to obtain the necessary certification to serve in-- 7,a7 the position of a single-resource boss2 and 7,b7 any other positions determined to be necessary by the ,secretaries4 7#b7 ,additional experience ,the ,secretaries shall require significant additional experience1 gained exclusively during a prescribed fire1 to obtain a certification described in paragraph 7#a74 7d7 ,indemnity of ,federal employees ,except in the case of gross negligence1 a ,federal employee planning or overseeing a prescribed fire that escaped-- 7#a7 shall not be subject to criminal prosecution2 and 7#b7 shall not be subject to civil proceedings1 except in accordance with section #bfgb of title #bh1 ,united ,states ,code4 #bjc4 ,liability of certified prescribed fire managers 7a7 ,definition of covered law ,in this section1 the term covered law means a ,state law that establishes the standard of care in a civil suit against a certified prescribed fire manager for an escaped prescribed fire to be gross negligence1 if the certified prescribed fire manager-- 7#a7 obtained a permit for the prescribed fire2 7#b7 conducted the prescribed fire consistent with a written burn plan2 7#c7 was at the site of prescribed fire for the duration of the prescribed fire2 and 7#d7 ensured adequate personnel1 equipment1 and firebreaks were in place during the prescribed fire1 in accordance with the written burn plan4 7b7 ,memorandum of agreement ,subject to the availability of appropriations1 in accordance with recommendation ,a#c;,c of the special report of the ,western ,governors' ,national ,forest and ,rangeland ,management ,initiative1 dated ,june #bjag1 the ,secretary may enter into a memorandum of agreement with the ,national ,governors' ,association to host a conference1 at which governors can meet to discuss the benefits of addressing liability protection and possible incentives for ,states to enact a covered law4 7c7 ,funding ,the ,secretary may provide not more than #a1jjj1jjj under the memorandum of agreement under subsection 7b74 #bjd4 ,environmental review 7a7 ,smoke management agencies 7#a7 ,policy ,the ,secretaries shall ensure that policies1 training1 and programs of the ,secretaries are consistent with this subsection-- 7,a7 to facilitate greater use of prescribed fire2 and 7,b7 to address public health and safety1 including impacts from smoke from prescribed fires4 7#b7 ,expenditure of funds ,when a smoke-sensitive facility or vulnerable individual is identified in an area to be impacted by smoke from a prescribed fire1 the ,secretaries may expend funding appropriated for hazardous fuel reduction to mitigate the impacts of the prescribed fire4 7#c7 ,coordination among ,federal and ,state air quality agencies and ,federal and ,state land management agencies ,the ,administrator of the ,environmental ,protection ,agency1 in cooperation with ,federal and ,state land management agencies1 shall coordinate with ,state1 ,tribal1 and local air quality agencies that regulate smoke under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 to facilitate the use of prescribed fire on ,federal land and ,state1 ,tribal1 and private land1 including by-- 7,a7 streamlining the decisionmaking process for approving the use of prescribed fire under a ,state1 ,tribal1 or local government smoke management program2 and 7,b7 7i7 promoting basic smoke management practices2 7ii7 disseminating information about basic smoke management practices2 and 7iii7 educating landowners that use prescribed fire about the importance of-- 7,i7 using basic smoke management practices2 and 7,,ii7 including basic smoke management practices as a component of a burn plan4 7#d7 ,exceptional event demonstrations 7,a7 ,requirement to seek exceptional event demonstration ,subject to subparagraph 7,c71 the appropriate ,state or ,tribal air quality agency shall develop and submit to the ,administrator of the ,environmental ,protection ,agency a demonstration in accordance with section #ej4ad of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 if-- 7i7 the ,secretary1 the ,secretary of ,agriculture1 a ,state land management agency1 or an ,indian ,tribe conducts a prescribed fire on ,federal land or ,state land1 as applicable1 in accordance with a ,state or ,tribal smoke management program that incorporates basic smoke management practices2 and 7ii7 the prescribed fire described in clause 7i7 contributes to an exceedance or other violation of a national ambient air quality standard under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji71 as measured using a ,federal reference monitor or an equivalent method4 7,b7 ,demonstration assistance ,for an exceedance or other violation described in clause 7ii7 of subparagraph 7,a71 the ,secretary or ,secretary of ,agriculture1 with the concurrence of the ,state or ,tribal air quality agency1 may assist with the development of the demonstration under that subparagraph4 7,c7 ,savings provision ,subparagraph 7,a7 shall not apply if the exceedance or other violation described in clause 7ii7 of that subparagraph is the result of-- 7i7 a violation of a smoke management program2 7ii7 a failure to use basic smoke management practices2 or 7iii7 a violation of applicable permit conditions4 7#e7 ,exemption for large prescribed fires 7,a7 ,federal land management agency exemption ,consistent with subsection 7b7 of section #aah of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdah71 a prescribed fire conducted on ,federal land by the ,secretary or the ,secretary of ,agriculture that burns more than #a1jjj acres per day shall be deemed to be in the paramount interest of the ,united ,states and shall be exempt from requirements with respect to the control of pollution from ,federal facilities under that ,act 7#db ,u4,s4,c4 #gdja et seq47 if the ,secretary or the ,secretary of ,agriculture determines that the prescribed fire-- 7i7 will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel2 7ii7 is necessary to reduce hazardous fuels2 7iii7 will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices2 and 7iv7 will be conducted under a smoke management program1 if applicable4 7,b7 ,state exemption ,if the ,secretary concerned conducts a prescribed fire that is deemed to be in the paramount interest of the ,united ,states under subparagraph 7,a7 on ,federal land1 a prescribed fire conducted by a ,state land management agency on ,state or private land that is contiguous to that ,federal land shall be exempt from any applicable national ambient air quality standards under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji74 7,c7 ,tribal exemption ,consistent with subsection 7b7 of section #aah of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdah71 a prescribed fire conducted on ,tribal land by an ,indian ,tribe that burns more than #a1jjj acres per day shall be deemed to be in the paramount interest of the ,united ,states and shall be exempt from requirements with respect to the control of pollution from ,federal facilities under that ,act 7#db ,u4,s4,c4 #gdja et seq47 if the ,indian ,tribe determines that the prescribed fire-- 7i7 will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel2 7ii7 is necessary to reduce hazardous fuels2 7iii7 will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices2 and 7iv7 will be conducted under a smoke management program1 if applicable4 7,d7 ,savings provision ,consistent with section #aah7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdah7;b77-- 7i7 an exemption granted under this paragraph shall apply to the applicable entity for a period of not more than #a year2 and 7ii7 on a new determination of the ,secretary1 the ,secretary of ,agriculture1 or an ,indian ,tribe under subparagraph 7,a7 or 7,c71 as applicable1 additional exemptions under this paragraph may be granted for subsequent periods after the expiration of the exemption described in clause 7i71 each of which shall apply for a period of not more than #a year4 7#f7 ,state and ,tribal standards 7,a7 ,approval of ,state or ,tribal standards ,notwithstanding section #aaj of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaj71 when approving a ,state or ,tribal implementation plan under that section1 the ,administrator of the ,environmental ,protection ,agency may not approve any standards with respect to-- 7i7 preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices2 or 7ii7 criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section #aji of that ,act 7#db ,u4,s4,c4 #gdji71 as measured using a ,federal reference monitor or an equivalent method4 7,b7 ,state and ,tribal enforcement ,a ,state or ,indian ,tribe may not enforce standards in a ,state or ,tribal implementation plan that was approved under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 before the date of enactment of this ,act with respect to-- 7i7 preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices2 or 7ii7 criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section #aji of that ,act 7#db ,u4,s4,c4 #gdji71 as measured using a ,federal reference monitor or an equivalent method4 7,c7 ,amendment to anti-backsliding provision ,if a ,state or ,tribal implementation plan under section #aaj of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaj7 is revised to include a smoke management program for prescribed fires in that implementation plan1 subsection 7l7 of that section shall not apply with respect to that revision4 7#g7 ,evaluation ,the ,secretary or the ,secretary of ,agriculture1 as applicable1 shall conduct an evaluation to facilitate learning new approaches for predicting and preventing exceedances during subsequent prescribed fires if the ,secretary or the ,secretary of ,agriculture-- 7,a7 conducts a prescribed fire on ,federal land-- 7i7 for which a demonstration is developed and submitted under paragraph 7#d77;,a72 or 7ii7 that is subject to an exemption under paragraph 7#e77;,a72 and 7,b7 the prescribed fire described in subparagraph 7,a7 contributes to an exceedance of a national ambient air quality standard under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji74 7#h7 ,programs and research ,to address the public health and safety risk of the expanded use of prescribed fire under this ,act1 the ,secretary of ,agriculture and the ,secretary1 in coordination with the ,administrator of the ,environmental ,protection ,agency and the ,director of the ,centers for ,disease ,control and ,prevention1 shall conduct research to improve or develop-- 7,a7 wildland fire smoke prediction models2 7,b7 smoke impact display tools for the public and decisionmakers2 7,c7 appropriate1 cost-effective1 and consistent mitigation strategies for communities impacted adversely by smoke from prescribed fire2 7,d7 consistent nationally and scientifically supported messages regarding personal protection equipment for the public2 and 7,e7 prescribed fire activity tracking and emission inventory systems4 7b7 ,national ,environmental ,policy ,act of #aifi efficiencies 7#a7 ,purpose ,the purpose of this subsection is to require the ,secretaries to develop a series of categorical exclusions from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for implementing prescribed fires in accordance with this subsection4 7#b7 ,previous environmental review decisions ,the ,secretaries shall-- 7,a7 gather and evaluate all of the decision memos1 decision notices1 and records of decision and associated findings of no significant impact or environmental impact statements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 prepared for recent prescribed fire projects2 7,b7 review any documented environmental impacts of those prescribed fire projects1 if the ,secretaries monitored or evaluated the effects of the implemented actions2 and 7,c7 develop findings of-- 7i7 similarities and differences among prescribed fire projects2 and 7ii7 elements and mitigation measures that consistently appeared in those prescribed fire projects that did not individually or cumulatively have a significant impact on the environment4 7#c7 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,secretaries shall publish in the ,federal ,register for public review and comment a series of notices of proposed categorical exclusions from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for implementing prescribed fire projects in1 at a minimum1 the following forest types3 7,a7 ,longleaf pine forest4 7,b7 ,shortleaf pine forest4 7,c7 ,ponderosa pine forest4 7,d7 ,pinyon-juniper forest4 7,e7 ,dry-site ,douglas-fir forest4 7,f7 ,chaparral shrubland4 7#d7 ,extraordinary circumstances ,the ,secretaries shall apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 in determining whether to use a categorical exclusion established under this subsection4 7#e7 ,oregon and ,california grant lands ,on ,oregon and ,california ,railroad grant land revested in the ,united ,states by the ,act of ,june #i1 #aiaf 7#ci ,stat4 #bah1 chapter #acg71 the ,secretary1 acting through the ,director of the ,bureau of ,land ,management1 shall-- 7,a7 implement not fewer than #b impact demonstration projects to assess the environmental effects of prescribed fires2 7,b7 monitor the actual environmental effects during and after that implementation2 and 7,c7 evaluate the merits of using a categorical exclusion from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for prescribed fires on that land4 #bje4 ,prescribed fire education program 7a7 ,in general ,the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 and the ,secretary1 acting through the ,director of the ,office of ,wildland ,fire1 may enter into a memorandum of agreement with the ,longleaf ,alliance to carry out a national prescribed fire education program1 including the use of the character known as ,burner ,bob4 7b7 ,program elements ,a prescribed fire education program authorized under subsection 7a7 may include-- 7#a7 public service advertisements2 7#b7 the use of social media2 7#c7 campaign and educational activities and materials2 7#d7 commercial licensing2 7#e7 character images and appearances2 and 7#f7 awards and recognition4 ,,iii ,reporting2 ,termination #cja4 ,annual reports to the ,national ,interagency ,fire ,center 7a7 ,purpose ,the purpose of this section is to ensure an accurate reporting of annual prescribed fire accomplishments in the ,united ,states4 7b7 ,cost-,share ,subject to the availability of appropriations1 the ,secretary may provide financial assistance to ,states to pay a portion of the costs associated with annually reporting prescribed fire accomplishments to the ,national ,interagency ,fire ,center4 7c7 ,eligibility for funds ,if1 by ,december #ca of each year1 a ,state has not reported to the ,national ,interagency ,fire ,center1 at a minimum1 the number of acres treated using prescribed fire in the ,state1 the ,state shall not be eligible to receive any amounts made available under this ,act for the previous fiscal year4 #cjb4 ,termination date ,the authority to carry out this ,act terminates on the date that is #aj years after the date of enactment of this ,act4