Overview

Title

To direct the Secretary of the Interior and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the Interior or the Forest Service, with an emphasis on units of the National Forest System in the western United States, to acknowledge and support the long-standing use of cultural burning by Tribes and Indigenous practitioners, and for other purposes.

ELI5 AI

The National Prescribed Fire Act of 2024 is a plan to safely use controlled fires to help protect and take care of forests, especially in the western United States, and it also respects the ways that Native American tribes have used fire for a long time. It wants different groups like the government and tribes to work together and make sure they're doing this safely, while using money carefully to help with fire projects and learning more about them.

Summary AI

H.R. 8557, titled the "National Prescribed Fire Act of 2024," aims to boost the use of prescribed fires to manage public lands in the western United States. It encourages collaboration between federal, state, and tribal entities while acknowledging the cultural burning practices of Indigenous groups. The bill allocates funds for prescribed fire accounts, strengthens training and workforce development, and proposes measures to streamline the use and liability of prescribed burns. Furthermore, it requires annual reporting to ensure proper tracking and accountability of prescribed fire use and its outcomes.

Published

2024-05-23
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-05-23
Package ID: BILLS-118hr8557ih

Bill Statistics

Size

Sections:
14
Words:
9,241
Pages:
49
Sentences:
148

Language

Nouns: 2,755
Verbs: 715
Adjectives: 629
Adverbs: 58
Numbers: 300
Entities: 449

Complexity

Average Token Length:
4.45
Average Sentence Length:
62.44
Token Entropy:
5.58
Readability (ARI):
34.21

AnalysisAI

General Summary

The "National Prescribed Fire Act of 2024" seeks to mandate and support the use of prescribed fires on federal lands, with a focus on reducing the risk of wildfires, especially in the western United States. By encouraging the long-standing practices of cultural burning by Indigenous tribes, it aims to integrate traditional knowledge with modern land management strategies. The Act calls for the creation of separate funding accounts for the Department of Agriculture and the Department of the Interior, proposes the development of policies and programs to enhance prescribed fire implementation, and emphasizes partnerships with various stakeholders, including states, tribal entities, and nonprofit organizations. It also includes provisions for ongoing education, training, and annual reporting to track prescribed fire activities nationwide.

Summary of Significant Issues

Several issues arise within the bill that merit attention:

  1. Broad Definitions and Potential Confusion: The bill defines "Federal land" broadly, encompassing multiple categories, which could lead to disputes or inefficiencies in managing land for prescribed fire activities. The exclusion of certain land types like national grasslands from this definition is also puzzling and may lead to oversight issues.

  2. Resource Allocation and Funding Transparency: With a significant budget allocation toward prescribed fire activities, the bill lacks detailed guidelines on how funds will be monitored or applied. For instance, the provision of financial assistance is contingent upon availability, potentially leading to inequitable distribution of resources and execution inconsistencies.

  3. Performance and Accountability Measures: The requirement for a 10% annual increase in prescribed fire activities may not always align with practical or ecological needs, raising concerns about environmental impacts and resource allocation. Moreover, stringent performance target requirements might penalize projects unfairly due to variables beyond control, such as weather conditions.

  4. Vague Criteria for Specific Programs: Programs like the collaborative prescribed fire initiatives lack detailed selection criteria for participating entities, potentially leading to biased allocations. Similarly, the educational programs don't outline clear expectations or performance indicators, risking inefficient use of funds.

Potential Impact on the Public

The broad implementation of prescribed fire through federal mandates aims to mitigate wildfire risks, potentially leading to safer and more resilient communities, particularly in wildfire-prone regions. The emphasis on traditional Indigenous practices and ecological outcomes signals a meaningful step toward integrating diverse methods of land management, which could enhance environmental sustainability. However, without clear guidelines and accountability measures, there may be risks of misallocated resources, leading to inefficiencies or unintended environmental consequences.

Impact on Specific Stakeholders

Positive Impacts

  • Federal and State Agencies: They stand to gain from increased funding and resources dedicated to controlled burns, which can help in more effective wildfire management.
  • Indigenous Communities: By acknowledging and supporting cultural burning practices, the bill provides an opportunity to incorporate traditional ecological knowledge into federal land management protocols.
  • Environmental Organizations: The focus on prescribed fires supports their longstanding advocacy for sustainable ecosystem management and the reduction of wildfire risks.

Negative Impacts

  • Local Communities in Wildfire-Prone Areas: If not implemented judiciously, the environmental impacts of increased prescribed burns could outweigh the benefits, potentially affecting air quality and local ecosystems.
  • Private Landowners: Those adjacent to federal lands may face conflicts or challenges as federal agencies ramp up prescribed fire activities without clear cross-boundary management criteria.

The bill proposes a well-intentioned framework to enhance wildfire preparedness through prescribed fires. However, to ensure successful execution, it requires further refinement in defining terms, establishing clear accountability measures, and ensuring equitable resource allocation.

Financial Assessment

The financial elements of H.R. 8557, the "National Prescribed Fire Act of 2024," play a significant role in the bill's objectives to manage public lands through prescribed fires. Understanding how these elements are structured and allocated is critical for evaluating their potential impact and addressing identified issues.

Spending and Appropriations

One of the primary financial components of this bill is the authorization of appropriations for prescribed fire accounts. The bill outlines an authorized appropriation of $300 million annually for these accounts, which are established under the Treasury for both the Department of Agriculture and the Department of the Interior. This significant allocation underscores the bill's commitment to expanding the use of prescribed fire as a management tool.

Additionally, the bill authorizes a budget for individual projects within the collaborative prescribed fire program. The Secretary is restricted to providing no more than $20 million annually in total funding and no more than $1 million for any single project. This structured financial limitation aims to spread resources across multiple projects while ensuring that individual projects have a capped financial support to prevent excessive spending on single undertakings.

The bill also includes funding provisions for agreements and studies, such as the memorandum of agreement for liability protection discussions, which allocates up to $1 million. This supports state-level discussions on laws that impact prescribed fire liability, a critical issue for successful implementation.

Relation to Identified Issues

The broad authorization of $300 million annually, while substantial, raises questions about equitable distribution and potential favoritism, as highlighted in the issues regarding lack of clear guidelines for "cross-boundary" projects. Without strict criteria, the allocation process might become biased, leading to inefficiencies or disputes.

There is also concern over the financial assistance provision being subject to the availability of appropriations, particularly in Sections 301 and 203. As some states are at risk of not receiving funds, this could result in disparities in fire management capabilities across states, thereby exacerbating statewide management challenges.

The allocation for projects is conditioned on meeting performance targets, as seen in Section 103(f)(3). While this ensures accountability, the requirement of meeting these targets for three consecutive years might unintentionally penalize effective projects due to unforeseen conditions, such as adverse weather, potentially leading to discontinuation of crucial funding.

Finally, with financial elements spread across various sections, such as the prescribed fire education program and the liability risk studies (Sections 204 and 206), there is a lack of specified funding limits. This raises concerns about potential budget overruns and ineffective use of funds, as there are not enough details to ensure accountability and prevent inefficiencies.

In summary, while the financial provisions in H.R. 8557 ensure dedicated resources towards prescribed fire management, careful monitoring and transparent criteria are crucial to address potential issues of equitable distribution, favoritism, and unintended consequences of performance-based funding limitations.

Issues

  • The definition of 'Federal land' in Section 3 is broad, potentially causing confusion about jurisdiction and management responsibilities across various types of land. This could result in legal disputes or ineffective management of prescribed fire activities.

  • Without clear guidelines or criteria, terms such as 'cross-boundary' projects mentioned in Section 101 could lead to vague execution and potential favoritism in funding allocations. This could undermine the project's effectiveness and fairness.

  • The exclusion of national grasslands and land utilization projects from the National Forest System in Section 3 could create confusion about their management and the rationale for their exclusion, potentially leading to operational inefficiencies.

  • The financial assistance provision subject to the availability of appropriations in Sections 301 and 203 implies that some states might not receive funds, which could create inequities and challenges in statewide fire management efforts.

  • The mandatory 10% annual increase in prescribed fires in Section 102 lacks justification, which could lead to environmental and budgetary impacts if not aligned with scientific or ecological requirements.

  • The requirement in Section 103(f)(3) to meet performance targets for three consecutive years might unfairly penalize projects due to unforeseen factors like weather, potentially leading to a discontinuation of funding despite successful execution.

  • The broad definition of 'eligible entity' in Section 201 could result in a wide array of organizations receiving contracts, posing risks of favoritism or wasteful spending without stringent eligibility and prioritization criteria.

  • The lack of specificity in the funding limit or allocation details for studies and educational programs as mentioned in multiple sections (Sections 204 and 206) risks budget overruns and lack of accountability, potentially leading to wasteful or inefficient spending.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The beginning of the "National Prescribed Fire Act of 2024" introduces the short title for the Act and provides a list of the different sections included in the bill, such as findings, definitions, and various titles related to the use of funds, facilitating implementation and outreach, and reporting requirements.

2. Findings Read Opens in new tab

Summary AI

Congress reports that a significant amount of forest land in the United States is at high risk of wildfires, yet states with active prescribed burning programs face far lower suppression costs and health impacts compared to states without such programs. Prescribed burning practices, which have been used by indigenous communities and are supported by several studies, can effectively reduce wildfire risk, improve forest health, and limit smoke-related health impacts, with many states actively regulating and promoting responsible prescribed burns.

3. Definitions Read Opens in new tab

Summary AI

The section defines important terms used in the Act, including "Federal land," which refers to public lands, national parks, wildlife refuges, land held in trust for Indian Tribes, and National Forests. It also explains terms like "landscape-scale prescribed fire plan," "National Forest System," "prescribed fire," and specifies who the "Secretaries" are, both the Secretary and the Secretary of Agriculture, with the "Secretary" specifically meaning the Secretary of the Interior.

101. Prescribed fire accounts Read Opens in new tab

Summary AI

The text outlines the creation of "Prescribed Fire" accounts for the Departments of Agriculture and the Interior, granting $300 million annually to support prescribed fire activities. It mandates the development and coordination of prescribed fire strategies with various stakeholders, prioritizing large or cross-boundary projects, areas near wildland-urban interfaces, and lands significant to Indian Tribes, while allowing funding for technical assistance and collaboration.

Money References

  • (c) Authorization of appropriations.—There is authorized to be appropriated to the accounts established by subsection (b) a total of $300,000,000 for fiscal year 2024 and each fiscal year thereafter.

102. Policies and practices Read Opens in new tab

Summary AI

The section states that starting from the first fiscal year after this law is passed, for the next nine years, the Secretaries must carry out more prescribed fires on Federal land, increasing both the number and total size by 10% compared to the previous year.

103. Collaborative prescribed fire program Read Opens in new tab

Summary AI

The section outlines a Collaborative Prescribed Fire Program established by the Secretary of the Interior to financially assist various entities, such as government agencies and organizations, in conducting prescribed fires on priority landscapes. Limitations are set on funding amounts, and recipients must meet annual targets and provide training while reporting progress and fund usage; appropriations are authorized at $10 million annually from 2024 to 2033.

Money References

  • Secretary may not provide more than $20,000,000 in total funding under the program in any fiscal year.
  • (2) PROJECT FUNDING.—The Secretary may not provide more than $1,000,000 to any 1 project under the program in any fiscal year.
  • — (1) PROJECT REPORTING.—A recipient of financial assistance under the program shall annually submit to the Secretary a report summarizing, at a minimum— (A) the number of acres mitigated with prescribed fire by the recipient under the program; (B) the amount of Federal and non-Federal funds used by the recipient under the program; and (C) the status and progress of any collaborative relationships associated with the project. (2) PROGRAM REPORTING.—Not later than 2 years after the first fiscal year in which funding is made available to carry out prescribed fires under the program, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the program. (g) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2033, to remain available until expended. ---

201. Cooperative agreements and contracts Read Opens in new tab

Summary AI

The section outlines the rules for cooperative agreements where various entities like states, tribes, and private organizations can work with federal authorities to plan and conduct prescribed fires on federal land. It specifies the conditions under which these entities can act as agents for federal authorities and details the legal requirements for carrying out these projects, including the need for prior approval and provisions for long-term contracts up to 10 years.

202. Human resources Read Opens in new tab

Summary AI

The bill aims to enhance the prescribed fire workforce by promoting diverse training programs, offering financial incentives like hazard and overtime pay, and implementing workforce retention strategies. It encourages partnerships with various organizations, supports veteran and underrepresented groups, and provides liability protection for those involved in managing prescribed fires, while also planning to establish additional training centers.

203. Liability of certified prescribed fire managers Read Opens in new tab

Summary AI

This section sets the rules for when a certified prescribed fire manager can be sued under state law, requiring "gross negligence" for liability if they follow specific protocols. It also allows for up to $1,000,000 in funding for a conference where governors could discuss liability protection and incentives for states to pass such laws.

Money References

  • (c) Funding.—The Secretary may provide not more than $1,000,000 under the memorandum of agreement under subsection (b). ---

204. Prescribed fire claims fund study Read Opens in new tab

Summary AI

The section mandates a study on the possibility and design of a national fund to support prescribed fires, which are controlled burns used for land management. It will assess how this fund could improve the use of prescribed fires, consider its design and administration, and explore how it might work alongside private insurance, focusing on making it accessible and fair for all practitioners, while also examining the influence of state liability laws.

205. Environmental review Read Opens in new tab

Summary AI

The section from the bill outlines measures for managing smoke from prescribed fires to protect public health while promoting their use for reducing hazardous fuels. It involves coordination between various agencies, exemptions for fire size, and calls for research and plans to handle fires effectively.

206. Prescribed fire education program Read Opens in new tab

Summary AI

The section establishes a national education program about prescribed fires, which will be overseen by the Secretary of Agriculture and the Secretary of the Office of Wildland Fire. The program may include public ads, social media, educational campaigns, commercial licensing, character appearances, and awards.

301. Annual reports to the national fire planning and operations database Read Opens in new tab

Summary AI

The section outlines that the goal is to ensure accurate reporting of annual prescribed fire activities across the U.S. States can receive financial help to cover some reporting costs, but if a State fails to report the number of acres treated with fire by December 31st each year, it won't be eligible for funds from this Act for the previous year.

302. Annual implementation report Read Opens in new tab

Summary AI

The section requires that each Secretary must report to Congress every year, starting one year after the law is enacted, detailing how the activities of this Act are being implemented.