,,ii  #aahth ,,congress  #b;d ,session  
,s4 #ddbd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bc1      
#bjbd,mr4 ,wyden 7for himself and ,mr4  
,padilla7 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 to acknowledge and support the 
long-standing use of cultural burning by
 ,tribes and ,indigenous practitioners1 
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     
#bjbd4  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,,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 ,prescribed fire   
claims fund study4,sec4 #bje4           
,environmental review4,sec4 #bjf4       
,prescribed fire education              
program4,,title ,,iii--,reporting,sec4  
#cja4 ,annual reports to the ,national  
,fire ,planning and ,operations         
,database4,sec4 #cjb4 ,annual           
implementation report4  #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 #bjaj and
 #bjai1 in the ,united ,states1 on      
average-- 7,a7 #fd1jjj wildfires burned 
#f1hdg1jjj acres annually2 and  7,b7    
#ajj1jjj prescribed fires burned only   
#c1fgb1jjj acres annually2  7#c7        
indigenous communities have used        
cultural burning to manage landscapes   
since time immemorial2  7#d7 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#e7 according to a #bjba ,environmental
 ,protection ,agency report assessing   
the air quality and health impacts of   

prescribed fire compared to wildfire1   
smoke impacts from prescribed fire were 
found to be smaller in magnitude and    
shorter in duration2  7#f7 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#g7     
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#h7 as of ,march #a1 #bjbc1 there    
were-- 7,a7 #ch prescribed fire councils
 in #cd ,states2 and  7,b7 #aac         
prescribed burn associations in #ai     
,states2  7#i7 according to the #bjba   
,national ,prescribed ,fire ,use ,survey
 ,report-- 7,a7 #da ,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#aj7 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 lands 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 ,national ,forest    
,system land4  7#b7 ,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 #aifi 7#db ,u4,s4,c4   
#dcba et seq47 that-- 7,a7 covers a unit
 of the ,national ,forest ,system1 a    
,bureau of ,land ,management district1  
or a subunit thereof2  7,b7 analyzes the
 site-specific environmental            
consequences of prescribed fire on the  
land described in subparagraph 7,a72 and
  7,c7 obviates the need for subsequent 
decisions pursuant to the ,national     
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 with      
respect to the unit1 district1 or       
subunit described in subparagraph 7,a74 

7#c7 ,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 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 seq474  7#d7 ,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 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 objectives2  7,b7 that does  
not include pile burning2 and  7,c7 in  
accordance with applicable law1         

including applicable regulations4  7#e7 
,secretaries ,the term ,secretaries     
means-- 7,a7 the ,secretary2 and  7,b7  
the ,secretary of ,agriculture4  7#f7   
,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 

is authorized to be appropriated to the 
accounts established by subsection 7b7 a
 total of #cjj1jjj1jjj for fiscal year  
#bjbd and each fiscal year thereafter4  
7d7 ,presidential budget requests ,for  
fiscal year #bjbd and each fiscal year  
thereafter1 each ,secretary concerned   
shall submit1 in the budget             
justification materials submitted to    
,congress in support of the budget of   
the relevant ,department for each fiscal
 year 7as submitted with the budget of  
the ,president under section #aaje7;a7  
of title #ca1 ,united ,states ,code7--  
7#a7 a request for amounts in the       
,wildland ,fire ,management             
appropriation account of the ,secretary 
concerned to carry out the activities   
described in subsection 7e72 and  7#b7  
an accounting of costs with respect to  
prescribed fire1 by region of the       
,national ,forest ,system or the        
,department of the ,interior1 as        
applicable1 for the previous #c years1  
including-- 7,a7 the amount spent on    

prescribed fire2  7,b7 the number of    
acres treated with prescribed fire2 and 
7,c7 the number of personnel dedicated  
to carrying out prescribed fire4  7e7   
,use of funds  7#a7 ,mandatory          
activities ,the ,secretary concerned    
shall use amounts in the accounts       
established by subsection 7b7-- 7,a7 to 
develop1 in coordination with ,state1   
local1 and ,tribal governments1 a       
prescribed fire operational strategy for
 each region of the ,national ,forest   
,system or the ,department of the       
,interior1 as applicable1 specifically  
for using funding provided through the  
,infrastructure ,investment and ,jobs   
,act 7,public ,law #aag-eh2 #ace ,stat4 
#dbi7 and other additional sources of   
funding1 that describes-- 7i7 the fire  
deficit by region2  7ii7 staffing and   
funding needs2  7iii7 plans to apply    
prescribed fire2 and  7iv7 regional     
targets to demonstrate an increase in   
prescribed fire with respect to-- 7,i7  
existing programs2 and  7,,ii7          

activities carried out using additional 
funding sources2  7,b7 with respect to  
prescribed fires-- 7i7 to carry out     
necessary environmental reviews2  7ii7  
to conduct outreach to the public1      
,indian ,tribes and beneficiaries1 and  
adjacent landowners2  7iii7 to conduct  
any required pre-ignition cultural and  
environmental surveys2 and  7iv7 to     
implement prescribed fires on ,federal  
land2  7,c7 to hire additional1         
dedicated personnel and procure         
additional equipment1 including unmanned
 aerial systems equipped with an aerial 
ignition system1 to implement a greater 
number of prescribed fires2  7,d7 to    
fund an increase in staffing 7including 
in-person and hybrid staff7 in order to 
provide training for the implementation 
of prescribed fire and management of    
smoke2  7,e7 to conduct post-prescribed 
fire activities1 such as-- 7i7 reseeding
 to prevent the spread of invasive      
species2 and  7ii7 recurring application
 of fire to maintain desired conditions2

  7,f7 to conduct monitoring for safety 
and fire effects on ecosystem resilience
 and risk mitigation2 and  7,g7 to use  
key performance indicators1 including-- 
7i7 the annual number of acres of       
,national ,forest ,system land or public
 lands1 as applicable1 where completed  
treatment effectively mitigates wildfire
 risk or maintains or restores          
ecological integrity with respect to--  
7,i7 land in the wildland-urban         
interface2 and  7,,ii7 land not in the  
wildland-urban interface2  7ii7 the     
number of acres in a desired condition  
as a result of fire management          
objectives1 as determined by the        
,secretary concerned2  7iii7 the number 
of acres treated with prescribed fire   
and the quantity of emissions from      
prescribed fires2  7iv7 the number of   
acres where treatment results in changes
 in fire regime condition class2 and    
7v7 the number of burns conducted by    
,indian ,tribes or ,indigenous-led      
organizations or pursuant to an         

agreement with an ,indian ,tribe or     
,indigenous-led organization4  7#b7     
,joint coordination ,the ,secretaries   
shall coordinate to jointly develop a   
common data management and analysis     
system for planning and post-treatment  
accountability4  7#c7 ,authorized       
activities ,the ,secretary concerned    
may-- 7,a7 assist ,state1 ,tribal1 local
 government1 or private prescribed fire 
programs-- 7i7 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  7ii7 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 assist in implementing a prescribed 

fire2  7iii7 in funding the completion  
of the claims funds study under section 
#bjd2 or  7iv7 to finance the           
implementation of a prescribed fire on  
,state1 ,tribal1 or private land and any
 post-prescribed fire activities as are 
determined to be necessary by the       
,secretary concerned2  7,b7 provide     
technical or financial assistance to a  
prescribed fire council or prescribed   
burn association for the establishment  
or operation of the council or          
association2 and  7,c7 provide funding  
for the collaborative prescribed fire   
program established under section #ajc4 
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          
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 a project that is--    
7,a7 implemented across a large         
contiguous area2  7,b7 cross-boundary in
 nature2  7,c7 in an area that is-- 7i7 
threatening to1 or located in1 the      
wildland-urban interface and identified 
as a priority area in a statewide forest
 resource assessment or ,community      
,wildfire ,protection ,plan2 or  7ii7   
identified as important to the          
protection of a ,tribal trust resource  
or the reserved or treaty rights of an  
,indian ,tribe2  7,d7 on acres at high  
or very high risk of experiencing a     
wildfire that would be difficult to     
suppress2  7,e7 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 fire2 or  7,f7    
supportive of potential operational     
delineations or a strategic response    

zone4  #ajb4 ,policies and practices    
,beginning with the first fiscal year   
that begins after the date of enactment 
of this ,act1 and for each of the #i    
fiscal years thereafter1 the            
,secretaries shall conduct prescribed   
fires on ,federal land such that the    
total number and combined size of all   
prescribed fires on ,federal land is #aj
 percent greater than the total number  
and combined size of all prescribed     
fires on ,federal land in the preceding 
fiscal year4  #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 entities1 including units  
of ,federal land management agencies    
within the ,department of ,agriculture  
and the ,department of the ,interior1   
,indian ,tribes1 ,state or local        
governments1 nongovernmental            

organizations1 and prescribed fire      
councils1 for the implementation of     
proposals to conduct prescribed fires in
 priority landscapes in accordance with 
applicable existing policies4  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 leveraged to implement the proposal2 
7#f7 describe benefits to sensitive     
wildlife1 invertebrate1 and plant       
species of concern2 and  7#g7 describe  
any established record of successful    

collaborative planning or use of        
prescribed fire by the entity submitting
 the proposal4  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 treat the most strategic acres at
 high or very high risk of experiencing 
a wildfire that would threaten critical 
values and be difficult to suppress4    
7d7 ,limitations  7#a7 ,number of       
projects ,the ,secretary may not provide
 more than #bj1jjj1jjj in total funding 
under the program in any fiscal year4   
7#b7 ,project funding ,the ,secretary   
may not provide more than #a1jjj1jjj to 
any #a project under the program in any 
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 ,experiential  

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 an experiential1     
group training event1 such as           
,prescribed ,fire ,training ,exchange1  
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 number of acres      
mitigated with prescribed fire by the   
recipient under the program2  7,b7 the  
amount of ,federal and non-,federal     
funds used by the recipient under the   
program2 and  7,c7 the status and       
progress of any collaborative           
relationships associated with the       
project4  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 #bjbd through #bjcc1 to remain    
available until expended4  ,,ii         
,facilitating implementation and        
outreach  #bja4 ,cooperative agreements 
and contracts  7a7 ,definition of       
eligible entity ,in this section1 the   
term eligible entity means-- 7#a7 a     
,state2  7#b7 an ,indian ,tribe2  7#c7 a
 county or municipal government2  7#d7 a
 fire district2  7#e7 a nongovernmental 
organization2 and  7#f7 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 ,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  7f7 ,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  7g7        
,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  
,sense of ,congress ,it is the sense of 
,congress that-- 7,a7 in order to       
develop a prescribed fire workforce1    
training in prescribed fire should be   
developed with an emphasis on ecological
 outcomes and wildfire risk reduction   
and outside of the parameters of        
suppression-oriented training2  7,b7 the
 ,secretaries should hire additional    
employees and provide or support        

training and development activities1    
including through partnerships with     
educational institutions1               
nongovernmental organizations1 ,states1 
and ,tribal entities1 to increase the   
number of skilled and qualified         
practitioners dedicated to prescribed   
fire with smoke management skills2  7,c7
 qualifications or certifications in    
prescribed fire should be broad to      
support an all-hands1 all-lands approach
 to burning that is respectful of       
diverse cultural traditions and other   
experiential learning2 and  7,d7        
training in prescribed fire may be      
regionally focused and should include   
topics of-- 7i7 cultural fire history   
and traditions1 which should be provided
 by or with the consent of ,indian      
,tribes or ,indigenous-led              
organizations2  7ii7 fire ecology2 and  
7iii7 smoke management4  7#b7 ,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          
7including individuals employed in      
carrying out a contract between an      
,indian ,tribe and the ,department of   
,agriculture or the ,department of the  
,interior7 implementing a prescribed    
fire 7as defined in section #c of the   
,national ,prescribed ,fire ,act of     
#bjbd74  4  7#c7 ,increasing workforce  
retention  7,a7 ,purpose ,the purpose of
 this paragraph is to require the       

,secretaries to carry out activities to 
retain sufficient workforce to implement
 prescribed fires and to remain         
competitive with other non-,federal     
firefighting programs4  7,b7 ,hazard pay
  7i7 ,in general ,each ,federal        
employee in any classification series   
carrying out work completed during      
prescribed fire1 as identified by the   
,secretaries1 shall be entitled to be   
paid the appropriate differential under 
subsection 7d7 of section #eede of title
 #e1 ,united ,states ,code1 as if such  
employee was covered by such subsection4
  7ii7 ,regulations ,the ,director of   
the ,office of ,personnel ,management   
may prescribe regulations to carry out  
this subparagraph4  7,c7 ,other benefits
 ,the ,secretaries shall implement      
measures to promote retention among     
,federal wildland firefighters of any   
classification series carrying out work 
related to wildland fire and prescribed 
fire1 such as portal-to-portal pay1     
quarterly bonuses1 or other benefits4   

7,d7 ,incentive payments for fuels      
assignments ,to attract and retain a    
skilled fuels workforce1 the            
,secretaries shall implement pay        
incentives that account for and offset  
the more competitive pay options offered
 through wildfire suppression           
assignments1 including such options as  
bonus pay1 per diem payments1 or        
grading-up fuels positions4  7#d7       
,dedicated prescribed fire task forces  
7,a7 ,in general ,the ,secretaries      
shall-- 7i7 not later than #ahj days    
after the date of enactment of this     
,act1 establish at least #a multiparty  
task force of ,federal employees and    
non-,federal entities within each       
,geographic ,area ,coordination ,center 
to plan1 lead1 and support prescribed   
fire across ownership boundaries that   
are priorities at the landscape1 region1
 ,state1 or ,federal level2 and  7ii7   
support each task force established     
under clause 7i7 by assigning a         
dedicated ,federal employee-- 7,i7 to   

aid necessary administrative functions  
relating to partnership agreements2 and 
7,,ii7 to coordinate prescribed fire    
across ownership boundaries4  7,b7 ,term
 of employment for ,federal task force  
members ,federal employees assigned     
under subparagraph 7,a7 may be hired as 
permanent1 full-time employees using    
direct hiring authority by the          
,secretaries4  7,c7 ,cooperative        
agreements ,the ,secretaries may enter  
into #a or more cooperative agreements  
to carry out this paragraph4  7#e7      
,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 emphasize  
implementing prescribed fires4  7#f7    
,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 career pathways1 training1   
and wraparound support services1        
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#g7 ,underrepresented employees ,to    
further address the gender disparity in 
wildland firefighting1 the ,secretaries 
shall support the development and       
participation of women and nonbinary    
individuals pursuant to ,executive      
,order #acihh 7#db ,u4,s4,c4 #bjjj;e    
note2 relating to preventing and        
combating discrimination on the basis of
 gender identity or sexual orientation7 
in leadership opportunities1 mentorship 
networks1 and training in prescribed    
fire1 including the ,fire ,leadership   
for ,women course and ,women-,in-,fire  
,training ,exchange and other related   
opportunities-- 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#h7 ,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#i7          
,inter-,tribal organizations ,the       
,secretaries may provide funding to     
,tribal1 ,indigenous-led1 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 #b years 
after the date of enactment of this     
,act1 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 establish1  
operate1 and facilitate a prescribed    
fire training program or center in each 
,geographic ,area ,coordination ,center 
region where such a program or center   
does not exist on the date of enactment 
of this ,act2  7#b7 support the         
establishment of an ,indigenous-led     
prescribed fire and cultural burning    
training center operated by an ,indian  
,tribe or partnership of ,indian        
,tribes2  7#c7 establish a virtual      
prescribed fire training center2 and    
7#d7 establish and operate a training   
center for managing wildfire for        
resource objectives4  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 and   
,tribal employees ,except in the case of
 gross negligence1 a ,federal employee1 
an employee contracted by an ,indian    
,tribe1 or an ,indian ,tribe as a       
contracting entity1 acting pursuant to a
 contract under the ,indian             
,self-,determination ,act 7#be ,u4,s4,c4
 #ecba et seq47 overseeing a prescribed 
fire1 if that prescribed fire escaped or
 caused loss or damage-- 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  7e7 ,indemnity of other 
cooperators ,except in the case of gross
 negligence1 an individual or entity    
involved in a prescribed fire on        
,federal land or under ,federal         
authority1 if that prescribed fire      
escaped or caused loss or damage-- 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  7f7        
,indemnity for prescribed fires ,except 
in the case of gross negligence1 an     
individual or entity involved in a      
prescribed fire on any land1 if that    
prescribed fire escaped1 caused harm or 
damage1 or required suppression         
resources-- 7#a7 shall not be liable for
 or subject to recovery of ,federal fire
 suppression costs and costs of         
investigation incurred by ,federal      
agencies2 and  7#b7 shall not be liable 

for monetary damages for loss or damage 
to any natural resource or timber values
 on ,federal land4  7g7 ,enhancing      
interoperability between ,federal and   
non-,federal practitioners  7#a7        
,qualification databases and dispatch   
systems ,the ,secretaries shall         
establish a collaborative process to    
create mechanisms for                   
non-,federal-agency fire practitioners1 
including those without jurisdictional  
authority1 to be included in wildfire   
resource ordering and reimbursement     
processes4  7#b7 ,partnership agreements
 ,the ,secretaries shall-- 7,a7 develop 
partnership agreements for prescribed   
fire with all relevant ,state1 ,federal1
 ,tribal1 university1 and               
nongovernmental entities that choose to 
be included in resource ordering and    
reimbursement processes under paragraph 
7#a72  7,b7 create agreements and       
structures necessary to include         
non-,federal-agency and other           
nontraditional partners in direct work  

with ,federal agencies to address       
prescribed fires2 and  7,c7 treat any   
prescribed fire practitioner meeting the
 ,national ,wildfire ,coordinating      
,group standards as eligible to be      
included in statewide participating     
agreements4  #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 prescribed fire plan2  7#c7 was 
at the site of the prescribed fire for  
the duration of the prescribed fire2    
7#d7 ensured adequate personnel1        
equipment1 and firebreaks were in place 
during the prescribed fire1 in          
accordance with the written prescribed  

fire plan2 and  7#e7 complied with any  
applicable ,federal1 ,tribal1 ,state1   
and local laws4  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  
,prescribed fire claims fund study  7a7 
,commissioning of study ,not later than 
#a year after the date of enactment of  
this ,act1 the ,secretaries1 in         
coordination with the ,director of the  

,office of ,management and ,budget1     
shall complete a study of the           
feasibility1 design1 and effectiveness  
of a national prescribed fire claims    
fund 7or similar mechanism7 to increase 
the pace and scale of prescribed fire   
across all lands by multiple users and  
for multiple objectives4  7b7 ,elements 
,the study required under subsection 7a7
 shall include an analysis of the       
following3 7#a7 ,the feasibility at the 
national level of a claims fund or other
 mechanism to supplement1 replace1 or   
backstop private insurance for          
prescribed fire and adverse smoke       
impacts4  7#b7 ,the design and          
administration of such a fund4  7#c7    
,the effectiveness of a national claims 
fund or other mechanism to supplement1  
replace1 or backstop private market     
insurance for non-,federal or ,state    
government prescribed fire              
practitioners4  7#d7 ,the eligibility   
requirements for submission of claims to
 such a fund with an emphasis on equity 

and inclusivity of all types of         
prescribed fire practitioners and       
methods of practice4  7#e7 7,a7 ,the    
role and influence of ,state liability  
laws on prescribed fire practitioner    
liability2  7,b7 the impact of ,state   
liability laws on the availability and  
affordability of insurance for          
prescribed fire2 and  7,c7 how ,states  
may be incentivized to enact laws       
clearly establishing and reducing       
practitioner liability for civil suits  
and suppression and investigation cost  
recovery4  #bje4 ,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 wildfires and prescribed fires4    
7#b7 ,expenditure of funds ,the         
,secretaries may expend funding         

appropriated for hazardous fuel         
reduction to mitigate the impacts of    
smoke from prescribed fire4  7#c7       
,coordination among ,federal1 ,tribal1  
and ,state air quality agencies and     
,federal1 ,tribal1 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
 prescribed fire 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  
land1 ,tribally owned fee land1 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 shall 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 permit conditions relating 
to the protection of air quality and    

public health4  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 by1 or in accordance with an       
agreement with1 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 an ,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 systems for planning 
and post-treatment accountability4  7b7 
,development of landscape-,scale        
,federal prescribed fire plans  7#a7    
,definition of ,secretary concerned ,in 
this subsection1 the term ,secretary    
concerned means-- 7,a7 the ,secretary of

 ,agriculture1 with respect to a unit of
 the ,national ,forest ,system2 and     
7,b7 the ,secretary1 with respect to a  
,bureau of ,land ,management district4  
7#b7 ,inclusion of landscape-scale      
prescribed fire plans ,the ,secretary   
concerned shall1 with respect to units  
of the ,national ,forest ,system and    
,bureau of ,land ,management districts  
with existing prescribed fire programs--
 7,a7 not later than #a year after the  
date of enactment of this ,act1         
determine which of those units or       
districts have landscape-scale          
prescribed fire plans2 and  7,b7 not    
later than #b years after the date of   
enactment of this ,act-- 7i7 determine  
whether each plan described in          
subparagraph 7,a7 requires revision2    
7ii7 establish a schedule for the       
revision of each plan described in      
subparagraph 7,a7 that requires         
revision2 and  7iii7 develop            
landscape-scale prescribed fire plans   
for any units or districts that do not  

have landscape-scale fire plans4  7#c7  
,environmental compliance ,in carrying  
out paragraph 7#b71 the ,secretary      
concerned shall-- 7,a7 comply with-- 7i7
 the ,national ,environmental ,policy   
,act of #aifi 7#db ,u4,s4,c4 #dcba et   
seq472  7ii7 the ,endangered ,species   
,act of #aigc 7#af ,u4,s4,c4 #aeca et   
seq472  7iii7 division ,a of subtitle   
,,iii of title #ed1 ,united ,states     
,code2 and  7iv7 any other applicable   
laws2 and  7,b7 consider the            
site-specific environmental consequences
 of the landscape-scale prescribed fire 
decisions under this subsection4  7#d7  
,collaborative development ,in carrying 
out paragraph 7#b71 the ,secretary      
concerned shall collaborate with diverse
 actors from academia1 the ,forest      
,service and ,bureau of ,land           
,management research and development1   
nongovernmental organizations1 cultural 
fire practitioners1 and other entities1 
as determined appropriate by the        
,secretary concerned4  7#e7             

,consultation with ,indian ,tribes ,the 
,secretary concerned shall engage in    
government-to-government consultation   
with ,indian ,tribes in complying with  
this subsection4  7#f7 ,reports ,not    
later than #a year after the date of    
enactment of this ,act1 and annually    
thereafter1 the ,secretary concerned    
shall submit to ,congress a report on   
the progress of the ,secretary concerned
 with respect to carrying out this      
subsection4  #bjf4 ,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 shall carry out a      
national prescribed fire education      
program focused on fire ecology and     
prescribed fire planning and            
implementation4  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 ,reporting     
#cja4 ,annual reports to the ,national  
,fire ,planning and ,operations         
,database  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               
accomplishments4  7c7 ,eligibility for  
funds ,if1 by ,december #ca of each     
year1 a ,state has not reported to the  
,national ,fire ,planning and           
,operations ,database1 at a minimum1 the
 number of acres mitigated 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 ,annual implementation report ,not
 later than #a year after the date of   
enactment of this ,act1 and annually    
thereafter1 the ,secretaries shall each 
submit to ,congress a report on the     
activities carried out under this ,act4