H.R. 3889

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3889 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 3889

To direct the Secretary of the Interior and the Secretary of 
Agriculture to encourage and expand the use of prescribed fire on land 
managed by the Department of the Interior or the Forest Service, with 
an emphasis on units of the National Forest System in the western and 
southeastern United States, to acknowledge and support the long-
standing use of cultural burning by Indian Tribes and Indigenous 
practitioners, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 10, 2025

Ms. Schrier (for herself and Mr. Valadao) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Agriculture, and Energy and Commerce, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
committee concerned

_______________________________________________________________________

A BILL

To direct the Secretary of the Interior and the Secretary of 
Agriculture to encourage and expand the use of prescribed fire on land 
managed by the Department of the Interior or the Forest Service, with 
an emphasis on units of the National Forest System in the western and 
southeastern United States, to acknowledge and support the long-
standing use of cultural burning by Indian Tribes and Indigenous 
practitioners, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

SEC. 2. DEFINITIONS.

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

TITLE I--USE OF FUNDS

SEC. 101. DEFINITION OF PRESCRIBED FIRE.

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

SEC. 102. PRESCRIBED FIRE FUNDING.

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

SEC. 103. POLICIES AND PRACTICES.

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

SEC. 104. COLLABORATIVE PRESCRIBED FIRE PROGRAM.

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

TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH

SEC. 201. COOPERATIVE AGREEMENTS AND CONTRACTS.

(a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
(1) a State;
(2) an Indian Tribe;
(3) a county or municipal government;
(4) a fire district;
(5) a nongovernmental organization; and
(6) a private entity.
(b) Authorization.--The Secretary concerned may enter into a 
cooperative agreement or contract with an eligible entity to authorize 
the eligible entity to coordinate, plan, or conduct a prescribed fire 
on Federal land in accordance with other applicable laws, regulations, 
and land management plans.
(c) Subcontracts.--The Secretary concerned may authorize a State, 
an Indian Tribe, or a county that enters into a cooperative agreement 
or contract under subsection (b) to enter into a subcontract to conduct 
a prescribed fire on Federal land pursuant to that cooperative 
agreement or contract, subject to any other terms and conditions that 
the Secretary concerned determines to be appropriate.
(d) Long-Term Contracts.--A cooperative agreement or contract with 
an eligible entity under subsection (b) may authorize the eligible 
entity to conduct a series of prescribed fires on Federal land for a 
period of not longer than 10 years.

SEC. 202. HUMAN RESOURCES.

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

SEC. 203. LIABILITY OF PRESCRIBED FIRE MANAGERS.

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

SEC. 204. ENVIRONMENTAL REVIEW.

(a) Smoke Management Agencies.--
(1) Policy.--The Secretaries shall ensure that policies, 
training, and programs of the Secretaries are consistent with 
this subsection--
(A) to facilitate greater use of prescribed fire; 
and
(B) to address public health and safety, including 
impacts from smoke from wildfires and prescribed fires.
(2) Coordination among federal, tribal, and state air 
quality agencies and federal, tribal, and state land management 
agencies.--To facilitate the use of prescribed fire on Federal, 
State, Tribal, and private land, the Administrator of the 
Environmental Protection Agency, in cooperation with Federal 
and State land management agencies, shall coordinate with 
State, Tribal, and local air quality agencies that regulate 
smoke under the Clean Air Act (42 U.S.C. 7401 et seq.)--
(A) to the maximum extent practicable, to provide 
State, Tribal, and local air quality agencies with 
guidance, data, imagery, or modeling to support the 
development of exceptional event demonstrations in 
accordance with sections 50.14 and 51.930 of title 40, 
Code of Federal Regulations (or successor regulations);
(B) to develop archives and automated tools to 
provide State, Tribal, and local air quality agencies 
with the data, imagery, and modeling under subparagraph 
(A);
(C) to develop decision support tools for State, 
Tribal, and local air quality agencies to assist in 
determining whether an exceptional event demonstration, 
if the Administrator of the Environmental Protection 
Agency concurs with such demonstration, would have 
regulatory significance;
(D) to provide technical assistance, best 
practices, or templates to States, Indian Tribes, and 
local governments for use in approving the use of 
prescribed fire under a State, Tribal, or local 
government smoke management program;
(E)(i) to promote basic smoke management practices 
and other best practices to protect the public from 
wildland fire smoke;
(ii) to disseminate information about basic smoke 
management practices;
(iii) to educate landowners that use prescribed 
fire about the importance of--
(I) using basic smoke management practices; 
and
(II) including basic smoke management 
practices as a component of a prescribed fire 
plan; and
(iv) to share with the public, in coordination with 
other public health agencies, information about 
measures that individuals can take to protect 
themselves from wildland fire smoke; and
(F) to develop guidance and tools to streamline the 
demonstration of a clear causal relationship between 
prescribed fire smoke and a related exceedance of a 
national ambient air quality standard.
(3) Exceptional event demonstrations.--
(A) In general.--The appropriate State or Tribal 
air quality agency (including any local air quality 
agency delegated authority by a State) may develop and 
submit to the Administrator of the Environmental 
Protection Agency an exceptional event demonstration in 
accordance with sections 50.14 and 51.930 of title 40, 
Code of Federal Regulations (or successor regulations), 
for a prescribed fire.
(B) Approval.--The Administrator of the 
Environmental Protection Agency shall concur with an 
exceptional event demonstration submitted under 
subparagraph (A) in accordance with the requirements of 
sections 50.14 and 51.930 of title 40, Code of Federal 
Regulations (or successor regulations), including that 
the applicable prescribed fire was not reasonably 
controllable or preventable and that the applicable 
prescribed fire was a human activity unlikely to recur, 
if the State or Tribal air quality agency demonstrates 
in that exceptional event demonstration that, at a 
minimum, the applicable prescribed fire was--
(i) conducted in accordance with a State or 
Tribal smoke management program or basic smoke 
management practices; and
(ii) consistent with a land or resource 
management plan with a stated objective to 
establish, restore, or maintain a sustainable 
and resilient ecosystem.
(C) Demonstration assistance for federal land.--For 
any prescribed fire conducted on Federal land, the 
Secretary concerned--
(i) shall assist with the development of an 
exceptional event demonstration under 
subparagraph (A) on request of a State or 
Tribal air quality agency; and
(ii) may develop and submit an exceptional 
event demonstration under subparagraph (A) with 
the concurrence of the applicable State or 
Tribal air quality agency.
(4) Programs and research.--To address the public health 
and safety risk of the expanded use of prescribed fire under 
this Act, the Secretaries, in coordination with the 
Administrator of the Environmental Protection Agency and the 
Director of the Centers for Disease Control and Prevention, 
shall conduct research to improve or develop--
(A) wildland fire smoke prediction models;
(B) smoke impact display tools for the public and 
decisionmakers;
(C) appropriate, cost-effective, and consistent 
strategies to mitigate the impacts of smoke from 
prescribed fire on nearby communities;
(D) consistent nationally and scientifically 
supported messages regarding personal protection 
equipment for the public; and
(E) prescribed fire activity tracking and emission 
inventory systems for planning and post-treatment 
accountability.
(b) Development of Landscape-Scale Federal Prescribed Fire Plans.--
(1) Inclusion of landscape-scale prescribed fire plans.--
The Secretary concerned shall, with respect to units of the 
National Forest System or Bureau of Land Management districts 
with existing prescribed fire programs--
(A) not later than 1 year after the date of 
enactment of this Act, determine which of those units 
or districts have landscape-scale prescribed fire 
plans; and
(B) not later than 2 years after the date of 
enactment of this Act--
(i) determine whether each plan described 
in subparagraph (A) requires revision;
(ii) establish a schedule for the revision 
of each plan described in subparagraph (A) that 
requires revision; and
(iii) develop landscape-scale prescribed 
fire plans for any units or districts that do 
not have landscape-scale prescribed fire plans.
(2) Environmental compliance.--In carrying out paragraph 
(1), the Secretary concerned shall--
(A) comply with--
(i) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.);
(iii) division A of subtitle III of title 
54, United States Code; and
(iv) any other applicable laws; and
(B) consider the site-specific environmental 
consequences of the landscape-scale prescribed fire 
decisions under this subsection.
(3) Collaborative development.--In carrying out paragraph 
(1), the Secretary concerned shall collaborate with diverse 
actors from academia, Forest Service and Bureau of Land 
Management research and development programs, nongovernmental 
organizations, cultural fire practitioners, and other entities, 
as determined appropriate by the Secretary concerned.
(4) Consultation with indian tribes.--The Secretary 
concerned shall engage in government-to-government consultation 
with Indian Tribes in complying with this subsection.
(5) Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary 
concerned shall submit to Congress a report describing the 
progress of the Secretary concerned with respect to carrying 
out this subsection.

SEC. 205. PRESCRIBED FIRE EDUCATION PROGRAM.

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

TITLE III--REPORTING

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

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

SEC. 302. ANNUAL IMPLEMENTATION REPORT.

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