Sec. 131. Prescribed fire eligible activities, policies, and practices
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/bill/119/s/1462/rs/section-131·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, 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 to produce the fireline intensity and rate of spread required to attain planned resource management objectives; and in accordance with applicable law (including regulations). In this section, the term prescribed fire does not include a fire that is ignited for the primary purpose of pile burning. The Secretary concerned may carry out eligible activities described in paragraph
(2)for hazardous fuels management with respect to land under the jurisdiction of the Secretary concerned. The activities referred to in paragraph
(1)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 from an existing grant program 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 and 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 training for prescribed fire and basic smoke management practices to Federal employees and cooperators; conducting post-prescribed fire activities, such as monitoring for hazard trees or reignitions and invasive species management; and 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. Subject to subparagraph (B), 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 carrying out the activities described in paragraph (2). In establishing criteria under subparagraph (A), the Secretary concerned shall give priority to a project that is— implemented across a large contiguous area; cross-boundary in nature; located 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, fireshed assessment, 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. The Secretary concerned, in coordination with State, local, and Tribal governments, shall develop 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 described in paragraph (1).