Sec. 135. Cooperative agreements and contracts for prescribed fire

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In this subsection, the term eligible entity means a State, an Indian Tribe, a unit of local government, a fire district, a nongovernmental organization, and a private entity. The Secretary and the Secretary of the Interior may each enter into a cooperative agreement or contract with an eligible entity, for a period of not longer than 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, county, or eligible entity 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, county, or eligible entity— 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 pursuant to 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 applicable Federal land. An eligible entity may not carry out a project under this subsection pursuant to a cooperative agreement or contract without the prior written approval of each Secretary that entered into the cooperative agreement or contract. The Tribal Forest Protection Act of 2004 ( Public Law 108–278 ; 118 Stat. 868) 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 pursuant to this section. Notwithstanding any other provision of law, a contract or agreement entered into under this section may— use a burn plan that, on approval by the Secretary, allows 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 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 (commonly known as the Cooperative Funds and Deposits Act ) is amended— in the first sentence of the first section ( 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 4 of the Tribal Forest Protection Act of 2004 ( after Public Law 108–278 ; 118 Stat. 868) or section 135(a) of the Fix Our Forests Act authorized by section 1 .

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Pub. L. 108-278
118 Stat. 868
Pub. L. 94-148
16 USC 565a–1
16 USC 565a–2

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Sec. 135

Cooperative agreements and contracts for prescribed fire

Pub. L.Pub. L. 108-278

Stat.118 Stat. 868

Pub. L.Pub. L. 94-148

Cite16 USC 565a–1

Cite16 USC 565a–2

Cites 5Cited by 0 across 0 sources