Sec. 205. Environmental review

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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. The Secretaries may expend funding appropriated for hazardous fuel reduction to mitigate the impacts of smoke from prescribed fire. 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 facilitate the use of prescribed fire on Federal land and State, Tribal, and private land, including by— streamlining the decisionmaking process for approving the use of prescribed fire under a State, Tribal, or local government smoke management program; and promoting basic smoke management practices; disseminating information about basic smoke management practices; and educating 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.

Subject to subparagraph (C), the appropriate State or Tribal air quality agency shall develop and submit to the Administrator of the Environmental Protection Agency a demonstration in accordance with section 50.14 of title 40, Code of Federal Regulations (or successor regulations), if— the Secretary, the Secretary of Agriculture, a State land management agency, or an Indian Tribe conducts a prescribed fire on Federal land, Tribally owned fee land, or State land, as applicable, in accordance with a State or Tribal smoke management program that incorporates basic smoke management practices; and the prescribed fire described in clause

(i)contributes to an exceedance or other violation of a national ambient air quality standard under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. For an exceedance or other violation described in clause

(ii)of subparagraph (A), the Secretary or Secretary of Agriculture, with the concurrence of the State or Tribal air quality agency, shall assist with the development of the demonstration under that subparagraph. Subparagraph

(A)shall not apply if the exceedance or other violation described in clause

(ii)of that subparagraph is the result of— a violation of a smoke management program; a failure to use basic smoke management practices; or a violation of permit conditions relating to the protection of air quality and public health. Consistent with subsection

(b)of section 118 of the Clean Air Act ( 42 U.S.C. 7418 ), a prescribed fire conducted on Federal land by the Secretary or the Secretary of Agriculture that burns more than 1,000 acres per day shall be deemed to be in the paramount interest of the United States and shall be exempt from requirements with respect to the control of pollution from Federal facilities under that Act ( 42 U.S.C. 7401 et seq. ) if the Secretary or the Secretary of Agriculture determines that the prescribed fire— will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel; is necessary to reduce hazardous fuels; will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices; and will be conducted under a smoke management program, if applicable. If the Secretary concerned conducts a prescribed fire that is deemed to be in the paramount interest of the United States under subparagraph

(A)on Federal land, a prescribed fire conducted by a State land management agency on State or private land that is contiguous to that Federal land shall be exempt from any applicable national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ). Consistent with subsection

(b)of section 118 of the Clean Air Act ( 42 U.S.C. 7418 ), a prescribed fire conducted on Tribal land by, or in accordance with an agreement with, an Indian Tribe that burns more than 1,000 acres per day shall be deemed to be in the paramount interest of the United States and shall be exempt from requirements with respect to the control of pollution from Federal facilities under that Act ( 42 U.S.C. 7401 et seq. ) if the Indian Tribe determines that the prescribed fire— will be conducted in an area where the terrain or fuel load makes the area inaccessible or unsafe for firefighting personnel; is necessary to reduce hazardous fuels; will be conducted to minimize smoke impacts on populated areas through the use of basic smoke management practices; and will be conducted under a smoke management program, if applicable. Consistent with section 118(b) of the Clean Air Act ( 42 U.S.C. 7418(b) )— an exemption granted under this paragraph shall apply to the applicable entity for a period of not more than 1 year; and on a new determination of the Secretary, the Secretary of Agriculture, or an Indian Tribe under subparagraph

(A)or (C), as applicable, additional exemptions under this paragraph may be granted for subsequent periods after the expiration of the exemption described in clause (i), each of which shall apply for a period of not more than 1 year. Notwithstanding section 110 of the Clean Air Act ( 42 U.S.C. 7410 ), when approving a State or Tribal implementation plan under that section, the Administrator of the Environmental Protection Agency may not approve any standards with respect to— preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices; or criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section 109 of that Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. A State or an Indian Tribe may not enforce standards in a State or Tribal implementation plan that was approved under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) before the date of enactment of this Act with respect to— preventing nuisance impacts that result from prescribed fires that incorporate basic smoke management practices; or criteria pollutants that result from prescribed fires that are more stringent than what is required to meet the national ambient air quality standards for those pollutants under section 109 of that Act ( 42 U.S.C. 7409 ), as measured using a Federal reference monitor or an equivalent method. If a State or Tribal implementation plan under section 110 of the Clean Air Act ( 42 U.S.C. 7410 ) is revised to include a smoke management program for prescribed fires in that implementation plan, subsection

(l)of that section shall not apply with respect to that revision. The Secretary or the Secretary of Agriculture, as applicable, shall conduct an evaluation to facilitate learning new approaches for predicting and preventing exceedances during subsequent prescribed fires if the Secretary or the Secretary of Agriculture— conducts a prescribed fire on Federal land— for which a demonstration is developed and submitted under paragraph (4)(A); or that is subject to an exemption under paragraph (5)(A); and the prescribed fire described in subparagraph

(A)contributes to an exceedance of a national ambient air quality standard under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ). To address the public health and safety risk of the expanded use of prescribed fire under this Act, the Secretary of Agriculture and the Secretary, 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 mitigation strategies for communities impacted adversely by smoke from prescribed fire; 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. In this subsection, the term Secretary concerned means— the Secretary of Agriculture, with respect to a unit of the National Forest System; and the Secretary, with respect to a Bureau of Land Management district. The Secretary concerned shall, with respect to units of the National Forest System and 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 fire plans. In carrying out paragraph (2), 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 (2), the Secretary concerned shall collaborate with diverse actors from academia, the Forest Service and Bureau of Land Management research and development, 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 on the progress of the Secretary concerned with respect to carrying out this subsection.

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Sec. 205

Environmental review

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