Sec. 8418. Cooperative agreements and contracts for prescribed fire
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/bill/118/hr/8467/ih/section-8418A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary, the Secretary of the Interior, and the Secretary of Defense may each enter into a cooperative agreement or contract with an eligible entity, for a period of less than or equal to 10 years, that authorizes the eligible entity to coordinate, plan, or conduct a prescribed fire on Federal land or to conduct a prescribed fire training event. A State, Indian Tribe, or county that enters into a cooperative agreement or contract under paragraph
(1)may enter into a subcontract, in accordance with applicable contracting procedures of the State, Indian Tribe, or county, to conduct a prescribed fire on Federal land or to conduct a prescribed fire training event pursuant to that cooperative agreement or contract. A prescribed fire conducted under this subsection shall be carried out on a project-by-project basis under existing authorities of the applicable Federal agency responsible for the management of the Federal land. An eligible entity may not carry out a project authorized under this subsection pursuant to a cooperative agreement or contract without the prior written approval of each Secretary that entered in to such cooperative agreement or contract. In this subsection, the term eligible entity means a State, Indian Tribe, county or local government, Department of Defense military installation (as defined in section 2801(c) of title 10, United States Code), fire district, nongovernmental organization, or private entity. The Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ) is amended by adding at the end the following: The Secretary may enter into a contract or agreement with an Indian tribe under this Act that provides for prescribed burns on Federal land under the additional authorities provided in this section. Contracts or agreements entered into under this section may, notwithstanding any other provision of law— utilize burn plans that, once approved by the Secretary, allow multiple prescribed burns to be conducted in accordance with the burn plan to eliminate the need for individual burn plans for each prescribed burn and enable forest managers to have the flexibility to conduct prescribed burns when conditions allow; and include terms that— authorize the Secretary to delegate their authority to an Indian tribe to plan, coordinate, and execute prescribed burns on the behalf of the Secretary within the scope of the burn plan including, but not limited to, applying the National Wildfire Coordinating Group standards for Prescribed Fire Planning and Implementation, to the extent authorized by Federal law; any applicable Federal standard that requires a certain number of personnel to be on-hand during prescribed burns may be satisfied by regional Federal, State, or tribal resources and personnel; and where appropriate, the Secretary shall work with other Federal agencies and Tribal, State, and local governments to coordinate and communicate the shared objectives of the prescribed burn and ensure activities comply with applicable law and regulations. . Public Law 94–148 is amended— in section 1 ( 16 U.S.C. 565a–1 ), by inserting prescribed fire and prescribed fire training events, after including fire protection, ; and in section 2 ( 16 U.S.C. 565a–2 ), by inserting , section 3 of the Tribal Forest Protection Act of 2004, or section 8418(a) of the after Farm, Food, and National Security Act of 2024 authorized by section 1 .
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- Pub. L. 94-148
- 16 USC 565a–1
- 16 USC 565a–2
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Sec. 8418
Cooperative agreements and contracts for prescribed fire
Pub. L.Pub. L. 94-148
Cite16 USC 565a–1
Cite16 USC 565a–2
Cites 4Cited by 0 across 0 sources