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Referenced Laws
42 U.S.C. 4321 et seq.
16 U.S.C. 1609(a)
7 U.S.C. 1010 et seq.
16 U.S.C. 1531 et seq.
Public Law 104–208
chapter 171
Public Law 101–512
25 U.S.C. 5321
42 U.S.C. 7401 et seq.
Section 1
1. Short title; table of contents This Act may be cited as the National Prescribed Fire Act of 2025. The table of contents for this Act is as follows:
Section 2
2. Definitions In this Act: The term congressional committees means— the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate; and the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives. The term Federal land means— land under the jurisdiction of the Secretary; and National Forest System land. 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— covers a unit of the National Forest System, a Bureau of Land Management district, or a subunit of such a unit or district; analyzes the site-specific environmental consequences of prescribed fire on land described in subparagraph (A); and 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). 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)). 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.). The term prescribed fire means a fire deliberately ignited to burn wildland fuels in a natural or modified state— 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 in accordance with applicable law (including regulations). The term Secretaries means— the Secretary; and the Secretary of Agriculture. The term Secretary means the Secretary of the Interior. The term Secretary concerned means— the Secretary, in the case of land under the jurisdiction of the Secretary; and the Secretary of Agriculture, in the case of land under the jurisdiction of the Secretary of Agriculture.
Section 3
101. Definition of prescribed fire In this title, the term prescribed fire has the meaning given the term in section 2. In this title, the term prescribed fire does not include a fire that is ignited for the primary purpose of pile burning.
Section 4
102. Prescribed fire funding 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). 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). The activities referred to in subsection (a) are— 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— entering into procurement contracts or cooperative agreements for prescribed fire activities; 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— carrying out necessary environmental reviews; carrying out any site preparation necessary for implementing prescribed fires; and conducting any required pre-ignition cultural or environmental surveys; and conducting outreach to the public, Indian Tribes and beneficiaries, and adjacent landowners; implementing prescribed fires on non-Federal land, if the Secretary concerned determines that the prescribed fire would benefit Federal land, including— carrying out necessary environmental reviews; carrying out any site preparation necessary for implementing prescribed fires; and conducting any required pre-ignition cultural and environmental surveys; providing to Federal employees and cooperators training for prescribed fire and basic smoke management practices; conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management; 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 providing funding for the applicable Collaborative Prescribed Fire Program established under section 104. 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). In establishing criteria under paragraph (1), the Secretary concerned shall give priority to a project that is— implemented across a large contiguous area; cross-boundary in nature; in an area that is— 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 identified as important to the protection of a Tribal trust resource or the reserved or treaty rights of an Indian Tribe; on land that is at high or very high risk of experiencing a wildfire that would be difficult to suppress; 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 supportive of potential operational delineations or strategic response zones.
Section 5
103. Policies and practices 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. 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— the fire deficit by region; and staffing and funding needs to address the fire deficit under paragraph (1).
Section 6
104. Collaborative Prescribed Fire Program 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— the prioritization criteria established under section 102(c); the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); the applicable land use or land management plan; and any other applicable law. To be eligible for nomination under subsection (c), a proposal for a project shall— be consistent with a landscape restoration strategy— that is complete or substantially complete; that identifies and prioritizes prescribed fire treatments for a 10-year period within a landscape that is— not less than 50,000 acres; 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 in need of— active ecosystem restoration; or maintenance activities to retain previously treated land in a wildfire-resilient state; that incorporates the best available science and scientific application tools to identify project areas; 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— taking into account the contribution of the stand to landscape fire adaptation and watershed health; and retaining the large trees contributing to old growth structure; 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— may include site preparation, if necessary to prepare the landscape for reestablishment of a natural fire regime; and shall maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and under which— no permanent roads would be established; and funding would be committed to decommission all temporary roads constructed to carry out the strategy; be developed and implemented through a collaborative process that— includes multiple interested persons representing diverse interests; and is transparent and nonexclusive; describe plans, as applicable— to reduce the risk of uncharacteristic wildfire; to improve fish and wildlife habitat, including for endangered, threatened, and sensitive species; to maintain or improve water quality and watershed function; to prevent, remediate, or control invasions of exotic species; to maintain, decommission, and rehabilitate roads and trails; to report annually on performance, including setting accomplishment targets for each year; to take into account any applicable community wildfire protection plan; and to mitigate smoke impacts on nearby communities; include an analysis of any anticipated cost savings, including savings resulting from— a reduced risk of wildfire damages, especially to high-value resources; and a decrease in the unit costs of implementing ecological restoration treatments over time; include estimates of— the amount of annual Federal funding necessary to implement the proposed project; and the amount of new non-Federal investment for carrying out the proposed project that would be leveraged; describe the collaborative process described in paragraph (2) through which the proposal was developed, including a description of— participation by, or consultation with, State, local, and Tribal governments; and 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; propose to benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for planning, design, implementation, or monitoring with— local private, nonprofit, or cooperative entities; Youth Conservation Corps crews or related partnerships with State, local, and nonprofit youth groups; existing or proposed small or micro businesses, clusters, or incubators; or other entities that will hire or train local individuals to complete those contracts, grants, or agreements; and be subject to any other requirements that the Secretary concerned determines to be necessary for the efficient and effective administration of the program. A proposal for a project shall be submitted to the appropriate Regional Forester, State Director, or other similar official. 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). 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. 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. The Secretary concerned, in consultation with the other Secretary concerned, shall select for implementation proposals for projects— that have been nominated under subsection (c)(2); that meet the eligibility criteria described in subsection (b); and in accordance with the prioritization criteria established under section 102(c). In selecting proposals under paragraph (1), the Secretary concerned shall give special consideration to— the strength of the proposal, including the landscape restoration strategy described in subsection (b)(1) of the proposal; the strength of the ecological case of the proposal and the proposed ecological restoration strategies under the proposal; 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; the extent to which the proposal is likely to achieve reductions in long-term wildfire risk and increased protection of high-value resources; the extent to which an appropriate level of non-Federal investment would be leveraged in carrying out the proposed project; and ensuring geographic diversity of projects implemented under this section. The Secretary concerned may select not more than— 20 proposals under paragraph (1) to be funded during any fiscal year; and the number of proposals under paragraph (1) that the Secretary concerned determines are likely to receive adequate funding. 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— the number of acres of land treated with prescribed fire by the recipient under the program; and the amount of Federal and non-Federal funds used by the recipient under the program. 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. The Secretary concerned shall not provide more than $20,000,000 in total funding for projects under the program in any fiscal year. The Secretary concerned shall not provide more than $1,000,000 for any 1 project under the program in any fiscal year. The Secretary concerned shall not provide funding for a project under the program for a period of more than 10 fiscal years. 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). 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.
Section 7
201. Cooperative agreements and contracts In this section, the term eligible entity means— a State; an Indian Tribe; a county or municipal government; a fire district; a nongovernmental organization; and a private entity. 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. 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. 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.
Section 8
202. Human resources 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. The Director of the Office of Personnel Management shall prescribe regulations to carry out this subparagraph. 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. The Secretaries shall— 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 support each task force established under clause (i) by assigning a dedicated Federal employee— to aid necessary administrative functions relating to partnership agreements; and to coordinate prescribed fire across ownership boundaries. The Secretaries may enter into 1 or more cooperative agreements to carry out this paragraph. The Secretaries may noncompetitively convert a Federal seasonal employee to a Federal permanent employee if— the listed job duties of the employee include wildland firefighting; 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 the job duties and performance standards of the position into which the permanent employee converts emphasize implementing prescribed fires. 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. An individual referred to in subparagraph (A) is an individual that— 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 during the term of imprisonment described in clause (i), served on a wildland firefighting crew or received other comparable training. 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. The Secretaries, in consultation with the Secretary of Veterans Affairs, shall seek— to provide a career pathway to individuals described in subparagraph (B) to work as prescribed fire practitioners; and to establish crews composed predominantly of veterans to conduct prescribed fires. An individual referred to in subparagraph (A) is an individual who— served in the active military, naval, or air service; and was discharged or released under conditions other than dishonorable. 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— 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 support the establishment of an Indigenous-led prescribed fire and cultural burning training center operated by an Indian Tribe or partnership of Indian Tribes. 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— in order to reduce the time required to obtain such a certification; and such that significant experience, gained exclusively during a prescribed fire, is required to obtain such a certification. 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. The Secretaries shall— 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); 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 treat any prescribed fire practitioner meeting applicable National Wildfire Coordinating Group standards as eligible to be included in statewide participating agreements.
Section 9
203. Liability of prescribed fire managers In this section: 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. The term covered entity means a non-Federal entity engaged in a covered activity, if that non-Federal entity is acting— under the direct supervision of a Federal employee; and within the scope of a contract or agreement in carrying out that covered activity. The Secretaries, in coordination with the Attorney General, shall develop, for employees involved in covered activities, a voluntary training course describing— liability protections afforded to those employees when acting within the scope of their employment; the limits on any liability protections under paragraph (1); and 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). 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. 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). 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). Nothing in this section limits or otherwise affects— the application of any statutory or judicial immunity to Federal employees; the application of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), to Federal employees; or the application of section 314 of Public Law 101–512 (25 U.S.C. 5321 note).
Section 10
204. Environmental review The Secretaries shall ensure that policies, training, and programs of the Secretaries are consistent with this subsection— to facilitate greater use of prescribed fire; and to address public health and safety, including impacts from smoke from wildfires and prescribed fires. 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.)— 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); to develop archives and automated tools to provide State, Tribal, and local air quality agencies with the data, imagery, and modeling under subparagraph (A); 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; 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; to promote basic smoke management practices and other best practices to protect the public from wildland fire smoke; to disseminate information about basic smoke management practices; to educate landowners that use prescribed fire about the importance of— using basic smoke management practices; and including basic smoke management practices as a component of a prescribed fire plan; and 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 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. 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. 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— conducted in accordance with a State or Tribal smoke management program or basic smoke management practices; and consistent with a land or resource management plan with a stated objective to establish, restore, or maintain a sustainable and resilient ecosystem. For any prescribed fire conducted on Federal land, the Secretary concerned— shall assist with the development of an exceptional event demonstration under subparagraph (A) on request of a State or Tribal air quality agency; and may develop and submit an exceptional event demonstration under subparagraph (A) with the concurrence of the applicable State or Tribal air quality agency. 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— wildland fire smoke prediction models; smoke impact display tools for the public and decisionmakers; appropriate, cost-effective, and consistent strategies to mitigate the impacts of smoke from prescribed fire on nearby communities; consistent nationally and scientifically supported messages regarding personal protection equipment for the public; and prescribed fire activity tracking and emission inventory systems for planning and post-treatment accountability. The Secretary concerned shall, with respect to units of the National Forest System or Bureau of Land Management districts with existing prescribed fire programs— 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 not later than 2 years after the date of enactment of this Act— determine whether each plan described in subparagraph (A) requires revision; establish a schedule for the revision of each plan described in subparagraph (A) that requires revision; and develop landscape-scale prescribed fire plans for any units or districts that do not have landscape-scale prescribed fire plans. In carrying out paragraph (1), the Secretary concerned shall— comply with— the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); division A of subtitle III of title 54, United States Code; and any other applicable laws; and consider the site-specific environmental consequences of the landscape-scale prescribed fire decisions under this subsection. 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. The Secretary concerned shall engage in government-to-government consultation with Indian Tribes in complying with this subsection. 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.
Section 11
205. Prescribed fire education program The Secretaries shall carry out a national prescribed fire education program focused on fire ecology and prescribed fire planning and implementation. A prescribed fire education program under subsection (a) may include— public service advertisements; the use of social media; campaign and educational activities and materials; commercial licensing; character images and appearances; and awards and recognition.
Section 12
301. Annual reports to National Fire Planning and Operations Database The purpose of this section is to ensure an accurate reporting of annual prescribed fire accomplishments in the United States. 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. 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.
Section 13
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.