Section 1 Short title
This Act may be cited as the “Prescribed Burn Approval Act of 2016”.
Prescribed Burn Approval Act of 2016
A BILL
To require State and local government approval of prescribed burns on Federal land during conditions of drought or fire danger.
Sec. 2 Prescribed burn approval
Definitions— In this section:
National fire danger rating system— The term national fire danger rating system means the national system used to provide a measure of fire danger according to a range of low to moderate to high to very high to extreme.
Prescribed burn— The term prescribed burn means a planned fire intentionally ignited.
Limitations on prescribed burns—
In general— Except as provided in paragraph (2), the head of a Federal agency shall not authorize a prescribed burn on Federal land if, for the county or contiguous county in which the Federal land is located, the national fire danger rating system indicates an extreme fire danger level.
Exception— The head of a Federal agency may authorize a prescribed burn under a condition described in paragraph (1) if the head of the Federal agency coordinates with the applicable State government and local fire officials.
Liability—
In general— If the head of a Federal agency authorizes a prescribed burn, the United States shall be liable for any damage to private property caused by the prescribed burn, notwithstanding chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”) or any State law.
Damages— If the United States is determined to be liable for damages under subparagraph (A), the United States shall pay the damages within 120 days of receipt of a substantiated claim.
Report— At the end of each fiscal year, the Chief of the Forest Service shall submit to Congress a report describing—
the number and locations of prescribed burns during that fiscal year; and
each prescribed burn during that fiscal year that was authorized by the head of a Federal agency pursuant to paragraph (2).