[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4424 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 624
118th CONGRESS
  2d Session
                                S. 4424

     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 
  United States, to acknowledge and support the long-standing use of 
cultural burning by Tribes and Indigenous practitioners, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2024

Mr. Wyden (for himself and Mr. Padilla) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           November 21, 2024

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

_______________________________________________________________________

                                 A BILL


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

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

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

<DELETED>    (a) Short Title.--This Act may be cited as the ``National 
Prescribed Fire Act of 2024''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
                     <DELETED>TITLE I--USE OF FUNDS

<DELETED>Sec. 101. Prescribed fire accounts.
<DELETED>Sec. 102. Policies and practices.
<DELETED>Sec. 103. Collaborative prescribed fire program.
      <DELETED>TITLE II--FACILITATING IMPLEMENTATION AND OUTREACH

<DELETED>Sec. 201. Cooperative agreements and contracts.
<DELETED>Sec. 202. Human resources.
<DELETED>Sec. 203. Liability of certified prescribed fire managers.
<DELETED>Sec. 204. Prescribed fire claims fund study.
<DELETED>Sec. 205. Environmental review.
<DELETED>Sec. 206. Prescribed fire education program.
                     <DELETED>TITLE III--REPORTING

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

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) in 2018, the Forest Service Fire Modeling 
        Institute determined that 63,070,000 acres of National Forest 
        System land and 171,200,000 acres of other forest land were at 
        high or very high risk of experiencing a wildfire that would be 
        difficult to suppress;</DELETED>
        <DELETED>    (2) according to the National Interagency 
        Coordination Center, between 2010 and 2019, in the United 
        States, on average--</DELETED>
                <DELETED>    (A) 64,000 wildfires burned 6,847,000 
                acres annually; and</DELETED>
                <DELETED>    (B) 100,000 prescribed fires burned only 
                3,672,000 acres annually;</DELETED>
        <DELETED>    (3) indigenous communities have used cultural 
        burning to manage landscapes since time immemorial;</DELETED>
        <DELETED>    (4) according to the National Interagency 
        Coordination Center, the annual cost of suppressing wildfires 
        in a State with an active prescribed burning program is less 
        than 1 percent of the annual cost of suppressing wildfires in a 
        State without an active prescribed burning program, despite 
        each State having the same number of wildfires;</DELETED>
        <DELETED>    (5) according to a 2021 Environmental Protection 
        Agency report assessing the air quality and health impacts of 
        prescribed fire compared to wildfire, smoke impacts from 
        prescribed fire were found to be smaller in magnitude and 
        shorter in duration;</DELETED>
        <DELETED>    (6) according to a 2019 study conducted by 
        Stanford University, smoke from prescribed fires exposes 
        children to fewer negative health effects than the detrimental 
        smoke generated by wildfires;</DELETED>
        <DELETED>    (7) according to a 2015 study published in 
        Ecology, trees that have not been burnt by a low-intensity fire 
        are unusually prone to bark beetle attacks, and between 2000 
        and 2010, bark beetles killed the majority of trees on 
        32,000,000 acres of the 193,000,000 acres of National Forest 
        System land;</DELETED>
        <DELETED>    (8) as of March 1, 2023, there were--</DELETED>
                <DELETED>    (A) 38 prescribed fire councils in 34 
                States; and</DELETED>
                <DELETED>    (B) 113 prescribed burn associations in 19 
                States;</DELETED>
        <DELETED>    (9) according to the 2021 National Prescribed Fire 
        Use Survey Report--</DELETED>
                <DELETED>    (A) 41 States regulate prescribed fires by 
                issuing burn permits;</DELETED>
                <DELETED>    (B) 23 States offer prescribed burn 
                manager certification courses to facilitate responsible 
                burning on private land;</DELETED>
                <DELETED>    (C) only 5 States (Vermont, Massachusetts, 
                Missouri, Connecticut, and Rhode Island) lack laws to 
                reduce liability associated with the responsible use of 
                prescribed fire; and</DELETED>
                <DELETED>    (D) only 8 States (Florida, Montana, 
                Nevada, Colorado, Michigan, Georgia, South Carolina, 
                and Washington) have laws that use a standard of gross 
                negligence for determining liabilities for the 
                responsible use of prescribed fire; and</DELETED>
        <DELETED>    (10) as of September 30, 2019, 31 States have a 
        formal process to track the number of acres treated for 
        forestry purposes using prescribed fire.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal land.--The term ``Federal land'' 
        means--</DELETED>
                <DELETED>    (A) public lands (as defined in section 
                103 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1702));</DELETED>
                <DELETED>    (B) units of the National Park 
                System;</DELETED>
                <DELETED>    (C) units of the National Wildlife Refuge 
                System;</DELETED>
                <DELETED>    (D) land held in trust by the United 
                States for the benefit of Indian Tribes or members of 
                an Indian Tribe; and</DELETED>
                <DELETED>    (E) National Forest System land.</DELETED>
        <DELETED>    (2) Landscape-scale prescribed fire plan.--The 
        term ``landscape-scale prescribed fire plan'' means a decision 
        document prepared pursuant to the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) that--</DELETED>
                <DELETED>    (A) covers a unit of the National Forest 
                System, a Bureau of Land Management district, or a 
                subunit thereof;</DELETED>
                <DELETED>    (B) analyzes the site-specific 
                environmental consequences of prescribed fire on the 
                land described in subparagraph (A); and</DELETED>
                <DELETED>    (C) obviates the need for subsequent 
                decisions pursuant to the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
                the unit, district, or subunit described in 
                subparagraph (A).</DELETED>
        <DELETED>    (3) National forest system.--</DELETED>
                <DELETED>    (A) In general.--The term ``National 
                Forest System'' has the meaning given the term in 
                section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).</DELETED>
                <DELETED>    (B) 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 U.S.C. 1010 et 
                seq.).</DELETED>
        <DELETED>    (4) Prescribed fire.--The term ``prescribed fire'' 
        means a fire deliberately ignited to burn wildland fuels in a 
        natural or modified state--</DELETED>
                <DELETED>    (A) under specified environmental 
                conditions that are intended to allow the fire to be 
                confined to a predetermined area and produce the 
                fireline intensity and rate of spread required to 
                attain planned resource management 
                objectives;</DELETED>
                <DELETED>    (B) that does not include pile burning; 
                and</DELETED>
                <DELETED>    (C) in accordance with applicable law, 
                including applicable regulations.</DELETED>
        <DELETED>    (5) Secretaries.--The term ``Secretaries'' means--
        </DELETED>
                <DELETED>    (A) the Secretary; and</DELETED>
                <DELETED>    (B) the Secretary of 
                Agriculture.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

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

<DELETED>SEC. 101. PRESCRIBED FIRE ACCOUNTS.</DELETED>

<DELETED>    (a) Definition of Secretary Concerned.--In this section, 
the term ``Secretary concerned'' means--</DELETED>
        <DELETED>    (1) the Secretary of Agriculture, with respect to 
        an account established by this section for the Department of 
        Agriculture; and</DELETED>
        <DELETED>    (2) the Secretary, with respect to an account 
        established by this section for the Department of the 
        Interior.</DELETED>
<DELETED>    (b) Establishment of Accounts.--There are established in 
the Treasury of the United States the following accounts:</DELETED>
        <DELETED>    (1) The Prescribed Fire account for the Department 
        of Agriculture.</DELETED>
        <DELETED>    (2) The Prescribed Fire account for the Department 
        of the Interior.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to the accounts established by subsection (b) a 
total of $300,000,000 for fiscal year 2024 and each fiscal year 
thereafter.</DELETED>
<DELETED>    (d) Presidential Budget Requests.--For fiscal year 2024 
and each fiscal year thereafter, each Secretary concerned shall submit, 
in the budget justification materials submitted to Congress in support 
of the budget of the relevant Department for each fiscal year (as 
submitted with the budget of the President under section 1105(a) of 
title 31, United States Code)--</DELETED>
        <DELETED>    (1) a request for amounts in the Wildland Fire 
        Management appropriation account of the Secretary concerned to 
        carry out the activities described in subsection (e); 
        and</DELETED>
        <DELETED>    (2) an accounting of costs with respect to 
        prescribed fire, by region of the National Forest System or the 
        Department of the Interior, as applicable, for the previous 3 
        years, including--</DELETED>
                <DELETED>    (A) the amount spent on prescribed 
                fire;</DELETED>
                <DELETED>    (B) the number of acres treated with 
                prescribed fire; and</DELETED>
                <DELETED>    (C) the number of personnel dedicated to 
                carrying out prescribed fire.</DELETED>
<DELETED>    (e) Use of Funds.--</DELETED>
        <DELETED>    (1) Mandatory activities.--The Secretary concerned 
        shall use amounts in the accounts established by subsection 
        (b)--</DELETED>
                <DELETED>    (A) to 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, specifically for using funding provided 
                through the Infrastructure Investment and Jobs Act 
                (Public Law 117-58; 135 Stat. 429) and other additional 
                sources of funding, that describes--</DELETED>
                        <DELETED>    (i) the fire deficit by 
                        region;</DELETED>
                        <DELETED>    (ii) staffing and funding 
                        needs;</DELETED>
                        <DELETED>    (iii) plans to apply prescribed 
                        fire; and</DELETED>
                        <DELETED>    (iv) regional targets to 
                        demonstrate an increase in prescribed fire with 
                        respect to--</DELETED>
                                <DELETED>    (I) existing programs; 
                                and</DELETED>
                                <DELETED>    (II) activities carried 
                                out using additional funding 
                                sources;</DELETED>
                <DELETED>    (B) with respect to prescribed fires--
                </DELETED>
                        <DELETED>    (i) to carry out necessary 
                        environmental reviews;</DELETED>
                        <DELETED>    (ii) to conduct outreach to the 
                        public, Indian Tribes and beneficiaries, and 
                        adjacent landowners;</DELETED>
                        <DELETED>    (iii) to conduct any required pre-
                        ignition cultural and environmental surveys; 
                        and</DELETED>
                        <DELETED>    (iv) to implement prescribed fires 
                        on Federal land;</DELETED>
                <DELETED>    (C) to hire additional, dedicated 
                personnel and procure additional equipment, including 
                unmanned aerial systems equipped with an aerial 
                ignition system, to implement a greater number of 
                prescribed fires;</DELETED>
                <DELETED>    (D) to fund an increase in staffing 
                (including in-person and hybrid staff) in order to 
                provide training for the implementation of prescribed 
                fire and management of smoke;</DELETED>
                <DELETED>    (E) to conduct post-prescribed fire 
                activities, such as--</DELETED>
                        <DELETED>    (i) reseeding to prevent the 
                        spread of invasive species; and</DELETED>
                        <DELETED>    (ii) recurring application of fire 
                        to maintain desired conditions;</DELETED>
                <DELETED>    (F) to conduct monitoring for safety and 
                fire effects on ecosystem resilience and risk 
                mitigation; and</DELETED>
                <DELETED>    (G) to use key performance indicators, 
                including--</DELETED>
                        <DELETED>    (i) the annual number of acres of 
                        National Forest System land or public lands, as 
                        applicable, where completed treatment 
                        effectively mitigates wildfire risk or 
                        maintains or restores ecological integrity with 
                        respect to--</DELETED>
                                <DELETED>    (I) land in the wildland-
                                urban interface; and</DELETED>
                                <DELETED>    (II) land not in the 
                                wildland-urban interface;</DELETED>
                        <DELETED>    (ii) the number of acres in a 
                        desired condition as a result of fire 
                        management objectives, as determined by the 
                        Secretary concerned;</DELETED>
                        <DELETED>    (iii) the number of acres treated 
                        with prescribed fire and the quantity of 
                        emissions from prescribed fires;</DELETED>
                        <DELETED>    (iv) the number of acres where 
                        treatment results in changes in fire regime 
                        condition class; and</DELETED>
                        <DELETED>    (v) the number of burns conducted 
                        by Indian Tribes or Indigenous-led 
                        organizations or pursuant to an agreement with 
                        an Indian Tribe or Indigenous-led 
                        organization.</DELETED>
        <DELETED>    (2) Joint coordination.--The Secretaries shall 
        coordinate to jointly develop a common data management and 
        analysis system for planning and post-treatment 
        accountability.</DELETED>
        <DELETED>    (3) Authorized activities.--The Secretary 
        concerned may--</DELETED>
                <DELETED>    (A) assist State, Tribal, local 
                government, or private prescribed fire programs--
                </DELETED>
                        <DELETED>    (i) to establish a training or 
                        certification program for teams comprised of 
                        citizens or local fir