,,ii #aaith ,,congress #ast ,session ,s4 #bjae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aj1 #bjbe ,mr4 ,wyden 7for himself and ,mr4 ,budd7 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 and southeastern ,united ,states1 to acknowledge and support the long-standing use of cultural burning by ,indian ,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 #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,use of funds ,sec4 #aja4 ,definition of prescribed fire4 ,sec4 #ajb4 ,prescribed fire funding4 ,sec4 #ajc4 ,policies and practices4 ,sec4 #ajd4 ,collaborative ,prescribed ,fire ,program4 ,,title ,,ii--,facilitating implementation and outreach ,sec4 #bja4 ,cooperative agreements and contracts4 ,sec4 #bjb4 ,human resources4 ,sec4 #bjc4 ,liability of prescribed fire managers4 ,sec4 #bjd4 ,environmental review4 ,sec4 #bje4 ,prescribed fire education program4 ,,title ,,iii--,reporting ,sec4 #cja4 ,annual reports to ,national ,fire ,planning and ,operations ,database4 ,sec4 #cjb4 ,annual implementation report4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional committees ,the term congressional committees means-- 7,a7 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,natural ,resources1 the ,committee on ,agriculture1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,federal land ,the term ,federal land means-- 7,a7 land under the jurisdiction of the ,secretary2 and 7,b7 ,national ,forest ,system land4 7#c7 ,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 of such a unit or district2 7,b7 analyzes the site-specific environmental consequences of prescribed fire on 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#d7 ,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 ,exclusions ,the term ,national ,forest ,system does not include the national grasslands or land utilization projects administered under title ,,iii of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj et seq474 7#e7 ,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 and 7,b7 in accordance with applicable law 7including regulations74 7#f7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary2 and 7,b7 the ,secretary of ,agriculture4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary1 in the case of land under the jurisdiction of the ,secretary2 and 7,b7 the ,secretary of ,agriculture1 in the case of land under the jurisdiction of the ,secretary of ,agriculture4 ,i ,use of funds #aja4 ,definition of prescribed fire 7a7 ,in general ,in this title1 the term prescribed fire has the meaning given the term in section #b4 7b7 ,exclusion ,in this title1 the term prescribed fire does not include a fire that is ignited for the primary purpose of pile burning4 #ajb4 ,prescribed fire funding 7a7 ,funding flexibility 7#a7 ,department of ,agriculture ,the ,secretary of ,agriculture may use not more than #ae percent of funds appropriated for each fiscal year for hazardous fuels management in the ,national ,forest ,system for activities described in subsection 7b74 7#b7 ,department of the ,interior ,the ,secretary may use not more than #ae percent of funds appropriated for each fiscal year for hazardous fuels management and post-fire activities in the account for wildland fire management of the ,department of the ,interior for activities described in subsection 7b74 7b7 ,description of activities ,the activities referred to in subsection 7a7 are-- 7#a7 with respect to prescribed fires on ,federal land1 or on non-,federal land if the ,secretary concerned determines that such activities would benefit resources on ,federal land-- 7,a7 entering into procurement contracts or cooperative agreements for prescribed fire activities2 7,b7 issuing grants to a ,state1 ,tribal government1 local government1 prescribed fire council1 prescribed burn association1 or nonprofit organization for the implementation of prescribed fires1 including-- 7i7 carrying out necessary environmental reviews2 7ii7 carrying out any site preparation necessary for implementing prescribed fires2 and 7iii7 conducting any required pre-ignition cultural or environmental surveys2 and 7,c7 conducting outreach to the public1 ,indian ,tribes and beneficiaries1 and adjacent landowners2 7#b7 implementing prescribed fires on non-,federal land1 if the ,secretary concerned determines that the prescribed fire would benefit ,federal land1 including-- 7,a7 carrying out necessary environmental reviews2 7,b7 carrying out any site preparation necessary for implementing prescribed fires2 and 7,c7 conducting any required pre-ignition cultural and environmental surveys2 7#c7 providing to ,federal employees and cooperators training for prescribed fire and basic smoke management practices2 7#d7 conducting post-prescribed fire activities1 such as monitoring for hazard trees or reignitions and invasive species management2 7#e7 providing technical or financial assistance to a ,state1 ,tribal government1 local government1 prescribed fire council1 prescribed burn association1 or nonprofit organization for the purpose of providing training for prescribed fire or basic smoke management practices1 consistent with any standards developed by the ,national ,wildfire ,coordinating ,group or ,state prescribed fire standards2 and 7#f7 providing funding for the applicable ,collaborative ,prescribed ,fire ,program established under section #ajd4 7c7 ,prioritization 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary concerned shall coordinate with the other ,secretary concerned1 ,state and local government agencies1 ,indian ,tribes1 and applicable nongovernmental organizations to establish prioritization criteria for expending amounts pursuant to subsection 7a7 for activities described in paragraphs 7#b71 7#e71 and 7#f7 of subsection 7b74 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 within or adjacent to the wildland-urban interface and identified as a priority area in a statewide forest action plan 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 land that is 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 strategic response zones4 #ajc4 ,policies and practices 7a7 ,increasing prescribed fire ,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 acreage of ,federal land on which prescribed fires are conducted is #aj percent greater than the total acreage of all ,federal land on which prescribed fires were conducted during the preceding fiscal year4 7b7 ,operational strategy ,the ,secretary concerned shall 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 that describes-- 7#a7 the fire deficit by region2 and 7#b7 staffing and funding needs to address the fire deficit under paragraph 7#a74 #ajd4 ,collaborative ,prescribed ,fire ,program 7a7 ,in general ,the ,secretary concerned1 in coordination with the other ,secretary concerned1 shall establish a ,collaborative ,prescribed ,fire ,program 7referred to in this section as the program7 to select and fund prescribed fire projects 7each of which is referred to in this section as a project7 in accordance with-- 7#a7 the prioritization criteria established under section #ajb7;c72 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#d7 the applicable land use or land management plan2 and 7#e7 any other applicable law4 7b7 ,eligibility criteria ,to be eligible for nomination under subsection 7c71 a proposal for a project shall-- 7#a7 be consistent with a landscape restoration strategy-- 7,a7 that is complete or substantially complete2 7,b7 that identifies and prioritizes prescribed fire treatments for a #aj-year period within a landscape that is-- 7i7 not less than #ej1jjj acres2 7ii7 composed primarily of forested ,federal land under the jurisdiction of the ,secretary concerned1 but may also include other ,federal1 ,state1 ,tribal1 or private land1 if a treatment on that land would benefit the applicable ,federal land2 and 7iii7 in need of-- 7,i7 active ecosystem restoration2 or 7,,ii7 maintenance activities to retain previously treated land in a wildfire-resilient state2 7,c7 that incorporates the best available science and scientific application tools to identify project areas2 7,d7 that fully maintains1 or contributes toward the restoration of1 the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type-- 7i7 taking into account the contribution of the stand to landscape fire adaptation and watershed health2 and 7ii7 retaining the large trees contributing to old growth structure2 7,e7 under which would be carried out any forest restoration treatments that reduce hazardous fuels through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes1 where appropriate1 which-- 7i7 may include site preparation1 if necessary to prepare the landscape for reestablishment of a natural fire regime2 and 7ii7 shall maximize the retention of large trees1 as appropriate for the forest type1 to the extent that the trees promote fire-resilient stands2 and 7,f7 under which-- 7i7 no permanent roads would be established2 and 7ii7 funding would be committed to decommission all temporary roads constructed to carry out the strategy2 7#b7 be developed and implemented through a collaborative process that-- 7,a7 includes multiple interested persons representing diverse interests2 and 7,b7 is transparent and nonexclusive2 7#c7 describe plans1 as applicable-- 7,a7 to reduce the risk of uncharacteristic wildfire2 7,b7 to improve fish and wildlife habitat1 including for endangered1 threatened1 and sensitive species2 7,c7 to maintain or improve water quality and watershed function2 7,d7 to prevent1 remediate1 or control invasions of exotic species2 7,e7 to maintain1 decommission1 and rehabilitate roads and trails2 7,f7 to report annually on performance1 including setting accomplishment targets for each year2 7,g7 to take into account any applicable community wildfire protection plan2 and 7,h7 to mitigate smoke impacts on nearby communities2 7#d7 include an analysis of any anticipated cost savings1 including savings resulting from-- 7,a7 a reduced risk of wildfire damages1 especially to high-value resources2 and 7,b7 a decrease in the unit costs of implementing ecological restoration treatments over time2 7#e7 include estimates of-- 7,a7 the amount of annual ,federal funding necessary to implement the proposed project2 and 7,b7 the amount of new non-,federal investment for carrying out the proposed project that would be leveraged2 7#f7 describe the collaborative process described in paragraph 7#b7 through which the proposal was developed1 including a description of-- 7,a7 participation by1 or consultation with1 ,state1 local1 and ,tribal governments2 and 7,b7 any established record of successful collaborative planning and implementation of prescribed fire projects on ,national ,forest ,system land and other land included in the proposal by the collaborators2 7#g7 propose to benefit local economies by providing local employment or training opportunities through contracts1 grants1 or agreements for planning1 design1 implementation1 or monitoring with-- 7,a7 local private1 nonprofit1 or cooperative entities2 7,b7 ,youth ,conservation ,corps crews or related partnerships with ,state1 local1 and nonprofit youth groups2 7,c7 existing or proposed small or micro businesses1 clusters1 or incubators2 or 7,d7 other entities that will hire or train local individuals to complete those contracts1 grants1 or agreements2 and 7#h7 be subject to any other requirements that the ,secretary concerned determines to be necessary for the efficient and effective administration of the program4 7c7 ,nomination process 7#a7 ,submission ,a proposal for a project shall be submitted to the appropriate ,regional ,forester1 ,state ,director1 or other similar official4 7#b7 ,nomination 7,a7 ,in general ,an official described in paragraph 7#a7 may nominate for selection by the ,secretary concerned any proposals received by the official under that paragraph that meet the eligibility criteria described in subsection 7b74 7,b7 ,concurrence ,in the case of a proposal for a project that involves activities on the land of both ,secretaries concerned1 a nomination under subparagraph 7,a7 shall include the concurrence of the appropriate official for the applicable land that is not under the jurisdiction of the official nominating the proposal4 7#c7 ,other land ,in the case of a proposal for a project that involves activities on land that is not under the jurisdiction of either ,secretary concerned1 a nomination under subparagraph 7,a7 shall include evidence that the landowner intends to participate in1 and provide appropriate funding to carry out1 the activities4 7d7 ,selection process 7#a7 ,in general ,the ,secretary concerned1 in consultation with the other ,secretary concerned1 shall select for implementation proposals for projects-- 7,a7 that have been nominated under subsection 7c77#b72 7,b7 that meet the eligibility criteria described in subsection 7b72 and 7,c7 in accordance with the prioritization criteria established under section #ajb7;c74 7#b7 ,criteria ,in selecting proposals under paragraph 7#a71 the ,secretary concerned shall give special consideration to-- 7,a7 the strength of the proposal1 including the landscape restoration strategy described in subsection 7b77#a7 of the proposal2 7,b7 the strength of the ecological case of the proposal and the proposed ecological restoration strategies under the proposal2 7,c7 the strength of the collaborative process described in subsection 7b77#b7 through which the proposal was developed and the likelihood of successful collaboration throughout implementation2 7,d7 the extent to which the proposal is likely to achieve reductions in long-term wildfire risk and increased protection of high-value resources2 7,e7 the extent to which an appropriate level of non-,federal investment would be leveraged in carrying out the proposed project2 and 7,f7 ensuring geographic diversity of projects implemented under this section4 7#c7 ,limitation ,the ,secretary concerned may select not more than-- 7,a7 #bj proposals under paragraph 7#a7 to be funded during any fiscal year2 and 7,b7 the number of proposals under paragraph 7#a7 that the ,secretary concerned determines are likely to receive adequate funding4 7e7 ,reporting 7#a7 ,project reporting ,a recipient of financial assistance to carry out a project under the program shall annually submit to the ,secretary concerned a report summarizing1 at a minimum1 with respect to the year covered by the report-- 7,a7 the number of acres of land 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 report ,not later than #e years after the first fiscal year in which funding is made available to carry out projects under the program1 and every #e years thereafter1 the ,secretary concerned shall submit to the congressional committees a report describing the program1 including an assessment of whether1 and to what extent1 the program is fulfilling the purposes of this section4 7f7 ,limitations 7#a7 ,total funding ,the ,secretary concerned shall not provide more than #bj1jjj1jjj in total funding for projects under the program in any fiscal year4 7#b7 ,project size limitation ,the ,secretary concerned shall not provide more than #a1jjj1jjj for any #a project under the program in any fiscal year4 7#c7 ,project sunset ,the ,secretary concerned shall not provide funding for a project under the program for a period of more than #aj fiscal years4 7#d7 ,project cancellation ,the ,secretary concerned shall cease funding any project under the program that1 for #c consecutive years1 fails to meet the annual accomplishment targets set under subsection 7b77#c77;,f74 7g7 ,funding ,of the amounts made available under section #ajb7;a71 the ,secretary concerned may use to carry out this section not more than #aj1jjj1jjj for each of fiscal years #bjbe through #bjcd4 ,,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 ,secretary concerned 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 land in accordance with other applicable laws1 regulations1 and land management plans4 7c7 ,subcontracts ,the ,secretary concerned may authorize a ,state1 an ,indian ,tribe1 or a county that enters into a cooperative agreement or contract under subsection 7b7 to enter into a subcontract to conduct a prescribed fire on ,federal land pursuant to that cooperative agreement or contract1 subject to any other terms and conditions that the ,secretary concerned determines to be appropriate4 7d7 ,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 ,increasing workforce retention 7,a7 ,hazard pay 7i7 ,in general ,each ,federal employee in any classification series1 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 subsection1 when such employee carries out work directly related to the ignition1 management1 and control of a prescribed fire4 7ii7 ,regulations ,the ,director of the ,office of ,personnel ,management shall prescribe regulations to carry out this subparagraph4 7,b7 ,incentive payments for fuels assignments ,the ,secretaries shall submit to the congressional committees a joint report describing mechanisms to attract and retain a skilled fuels workforce1 including pay incentives that would account for and offset the more competitive pay options offered through wildfire suppression assignments4 7#b7 ,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 ,cooperative agreements ,the ,secretaries may enter into #a or more cooperative agreements to carry out this paragraph4 7#c7 ,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 #c 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#d7 ,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 arson or a violent crime 7as defined by the ,secretaries1 in consultation with the ,attorney ,general and ,state departments of corrections71 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#e7 ,underutilized employees ,the ,secretaries shall support the recruitment1 development1 and participation of underutilized employees1 as determined by the ,secretaries1 in the wildland fire workforce1 including by fostering leadership opportunities1 mentorship networks1 and training4 7#f7 ,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 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 that offers training in prescribed fire within each ,geographic ,area ,coordination ,center region where such a program or center does not exist on the date of enactment of this ,act2 and 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 ,tribes4 7c7 ,competencies for firefighters ,the ,secretaries1 in coordination with the ,fire ,executive ,council1 shall task the ,national ,wildfire ,coordinating ,group with the duty to adjust training requirements to obtain a certification to serve in a supervisory role for a prescribed fire and any other positions determined to be necessary by the ,secretaries-- 7#a7 in order to reduce the time required to obtain such a certification2 and 7#b7 such that significant experience1 gained exclusively during a prescribed fire1 is required to obtain such a certification4 7d7 ,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 practitioners to be included in prescribed fire and 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 applicable ,national ,wildfire ,coordinating ,group standards as eligible to be included in statewide participating agreements4 #bjc4 ,liability of prescribed fire managers 7a7 ,definitions ,in this section3 7#a7 ,covered activity ,the term covered activity means an activity carried out on ,federal land directly related to a wildland fire1 prescribed fire1 or prescribed fire with cultural objectives in the course of executing a ,federal action4 7#b7 ,covered entity ,the term covered entity means a non-,federal entity engaged in a covered activity1 if that non-,federal entity is acting-- 7,a7 under the direct supervision of a ,federal employee2 and 7,b7 within the scope of a contract or agreement in carrying out that covered activity4 7b7 ,indemnity of ,federal and ,tribal employees ,the ,secretaries1 in coordination with the ,attorney ,general1 shall develop1 for employees involved in covered activities1 a voluntary training course describing-- 7#a7 liability protections afforded to those employees when acting within the scope of their employment2 7#b7 the limits on any liability protections under paragraph 7#a72 and 7#c7 reimbursements available for qualified employees for professional liability insurance under section #fcf of division ,a of ,public ,law #ajd-bjh 7#e ,u4,s4,c4 prec4 #eida note74 7c7 ,indemnity of other cooperators 7#a7 ,in general ,beginning on the date of enactment of this ,act1 a covered entity shall be considered to be an employee of the ,federal ,government for purposes of chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 while that covered entity is engaged in covered activities4 7#b7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretaries1 in consultation with the ,attorney ,general1 shall issue guidance on the necessary provisions and implementation requirements for contracts or agreements that would extend liability protections to covered entities under paragraph 7#a74 7#c7 ,reimbursement ,beginning in the first fiscal year that begins after the date of enactment of this ,act1 the ,secretaries shall request1 through annual appropriations1 funds sufficient to reimburse the ,treasury for any claims paid during the prior fiscal year pursuant to paragraph 7#a74 7d7 ,effect ,nothing in this section limits or otherwise affects-- 7#a7 the application of any statutory or judicial immunity to ,federal employees2 7#b7 the application of chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 to ,federal employees2 or 7#c7 the application of section #cad of ,public ,law #aja-eab 7#be ,u4,s4,c4 #ecba note74 #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 wildfires and prescribed fires4 7#b7 ,coordination among ,federal1 ,tribal1 and ,state air quality agencies and ,federal1 ,tribal1 and ,state land management agencies ,to facilitate the use of prescribed fire on ,federal1 ,state1 ,tribal1 and private land1 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-- 7,a7 to the maximum extent practicable1 to provide ,state1 ,tribal1 and local air quality agencies with guidance1 data1 imagery1 or modeling to support the development of exceptional event demonstrations in accordance with sections #ej4ad and #ea4icj of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 to develop archives and automated tools to provide ,state1 ,tribal1 and local air quality agencies with the data1 imagery1 and modeling under subparagraph 7,a72 7,c7 to develop decision support tools for ,state1 ,tribal1 and local air quality agencies to assist in determining whether an exceptional event demonstration1 if the ,administrator of the ,environmental ,protection ,agency concurs with such demonstration1 would have regulatory significance2 7,d7 to provide technical assistance1 best practices1 or templates to ,states1 ,indian ,tribes1 and local governments for use in approving the use of prescribed fire under a ,state1 ,tribal1 or local government smoke management program2 7,e7 7i7 to promote basic smoke management practices and other best practices to protect the public from wildland fire smoke2 7ii7 to disseminate information about basic smoke management practices2 7iii7 to educate 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 plan2 and 7iv7 to share with the public1 in coordination with other public health agencies1 information about measures that individuals can take to protect themselves from wildland fire smoke2 and 7,f7 to develop guidance and tools to streamline the demonstration of a clear causal relationship between prescribed fire smoke and a related exceedance of a national ambient air quality standard4 7#c7 ,exceptional event demonstrations 7,a7 ,in general ,the appropriate ,state or ,tribal air quality agency 7including any local air quality agency delegated authority by a ,state7 may develop and submit to the ,administrator of the ,environmental ,protection ,agency an exceptional event demonstration in accordance with sections #ej4ad and #ea4icj of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 for a prescribed fire4 7,b7 ,approval ,the ,administrator of the ,environmental ,protection ,agency shall concur with an exceptional event demonstration submitted under subparagraph 7,a7 in accordance with the requirements of sections #ej4ad and #ea4icj of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 including that the applicable prescribed fire was not reasonably controllable or preventable and that the applicable prescribed fire was a human activity unlikely to recur1 if the ,state or ,tribal air quality agency demonstrates in that exceptional event demonstration that1 at a minimum1 the applicable prescribed fire was-- 7i7 conducted in accordance with a ,state or ,tribal smoke management program or basic smoke management practices2 and 7ii7 consistent with a land or resource management plan with a stated objective to establish1 restore1 or maintain a sustainable and resilient ecosystem4 7,c7 ,demonstration assistance for ,federal land ,for any prescribed fire conducted on ,federal land1 the ,secretary concerned-- 7i7 shall assist with the development of an exceptional event demonstration under subparagraph 7,a7 on request of a ,state or ,tribal air quality agency2 and 7ii7 may develop and submit an exceptional event demonstration under subparagraph 7,a7 with the concurrence of the applicable ,state or ,tribal air quality agency4 7#d7 ,programs and research ,to address the public health and safety risk of the expanded use of prescribed fire under this ,act1 the ,secretaries1 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 strategies to mitigate the impacts of smoke from prescribed fire on nearby communities2 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 ,inclusion of landscape-scale prescribed fire plans ,the ,secretary concerned shall1 with respect to units of the ,national ,forest ,system or ,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 prescribed fire plans4 7#b7 ,environmental compliance ,in carrying out paragraph 7#a71 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#c7 ,collaborative development ,in carrying out paragraph 7#a71 the ,secretary concerned shall collaborate with diverse actors from academia1 ,forest ,service and ,bureau of ,land ,management research and development programs1 nongovernmental organizations1 cultural fire practitioners1 and other entities1 as determined appropriate by the ,secretary concerned4 7#d7 ,consultation with ,indian ,tribes ,the ,secretary concerned shall engage in government-to-government consultation with ,indian ,tribes in complying with this subsection4 7#e7 ,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 describing the progress of the ,secretary concerned with respect to carrying out this subsection4 #bje4 ,prescribed fire education program 7a7 ,in general ,the ,secretaries 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 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 ,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 to the ,national ,fire ,planning and ,operations ,database 7or a successor database7 the prescribed fire accomplishments of the ,state4 7c7 ,eligibility for funds ,if1 by ,december #ca of a calendar year1 a ,state has not submitted to the ,national ,fire ,planning and ,operations ,database 7or a successor database7 a report describing1 at a minimum1 the number of acres on which uncharacteristic wildfire risk is effectively 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 the congressional committees a report describing the activities carried out under this ,act4