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Title II — Facilitating implementation and outreach

S. 2015 · 119th Congress · Jun 10, 2025 · Lineage

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.