National Prescribed Fire Act of 2025
- Bill Number
- H.R. 3889
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-06-10: Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-03-27T17:32:31Z
AI-Generated Summary
Purpose of the Legislation
The National Prescribed Fire Act of 2025 aims to promote and increase the use of prescribed fires—controlled burns deliberately set to manage wildland vegetation—on federal lands managed by the Department of the Interior (DOI) and the U.S. Forest Service (part of the Department of Agriculture, or USDA). It focuses on areas like National Forests in the western and southeastern United States to reduce wildfire risks, restore ecosystems, and support cultural burning practices by Indian Tribes and Indigenous communities. The act seeks to address "fire deficits" (areas where natural fire has been suppressed too long) through better funding, collaboration, training, and policy changes.
Key Provisions
The act is structured into three titles, with definitions (e.g., "prescribed fire" as a planned ignition under specific conditions to meet resource goals) and references to congressional oversight committees.
Title I: Use of Funds
- Funding Flexibility (Sec. 102): Allows up to 15% of annual appropriations for hazardous fuels management to be redirected toward prescribed fire activities, including contracts, grants to states/Tribes/locals/nonprofits for burns (even on non-federal lands if they benefit federal resources), training, post-fire monitoring, and public outreach. Prioritizes large-scale, cross-boundary projects in high-risk wildfire areas, wildland-urban interfaces (areas where human development meets wildlands), Tribal resources, critical habitats, and strategic fire zones.
- Increasing Prescribed Fire Use (Sec. 103): Mandates a 10% annual increase in treated acreage for 10 years starting after enactment. Requires regional operational strategies outlining fire deficits and needed staffing/funding.
- Collaborative Prescribed Fire Program (Sec. 104): Establishes a program to select and fund up to 20 projects per year (capped at $20 million total and $1 million per project, lasting up to 10 years). Projects must align with landscape restoration strategies (covering at least 50,000 acres, using best science, preserving old-growth forests, and avoiding permanent roads), involve diverse collaborators, reduce wildfire risks, improve habitats/water quality, and leverage non-federal funds. Selection emphasizes ecological benefits, collaboration strength, risk reduction, and geographic diversity. Requires annual project reports and a program assessment every 5 years.
Title II: Facilitating Implementation and Outreach
- Cooperative Agreements and Contracts (Sec. 201): Authorizes long-term (up to 10 years) agreements with states, Tribes, local governments, fire districts, NGOs, or private entities to plan/conduct prescribed fires on federal lands. Allows subcontracting and covers non-federal lands benefiting federal resources.
- Human Resources (Sec. 202):
- Provides hazard pay for federal employees involved in igniting/managing prescribed fires.
- Establishes multiparty task forces in each fire coordination region to plan cross-boundary burns, with dedicated federal support.
- Allows noncompetitive conversion of qualified seasonal firefighters to permanent roles focused on prescribed fires.
- Promotes hiring/training for formerly incarcerated individuals (excluding arson/violent offenders) and veterans as burn practitioners, including veteran-led crews.
- Supports underutilized employees (e.g., through mentorship) and adds prescribed fire training centers in underserved regions, plus an Indigenous-led center.
- Adjusts certification requirements to value prescribed fire experience more, reducing time to supervisory roles.
- Enhances inclusion of non-federal practitioners in federal ordering/reimbursement systems via partnerships.
- Liability Protections (Sec. 203): Extends Federal Tort Claims Act (FTCA) coverage—government liability rules for negligence—to non-federal partners supervised by federal employees during burns. Requires training on protections/reimbursements and annual funding requests for claims. Does not affect existing federal/Tribal immunities.
- Environmental Review (Sec. 204):
- Coordinates with EPA and air quality agencies to ease "exceptional event" approvals under Clean Air Act rules, treating qualifying prescribed fires (those following smoke management plans and land goals) as non-recurrent events exempt from air quality penalties.
- Mandates landscape-scale plans (broad environmental impact assessments under NEPA—National Environmental Policy Act) for burn programs in National Forests/BLM districts within 2 years, developed collaboratively with Tribes/academia/NGOs.
- Funds research on smoke prediction, mitigation, public protection (e.g., masks), and tracking systems, involving CDC/EPA.
- Education Program (Sec. 205): Launches a national campaign using ads, social media, and materials to educate on fire ecology, planning, and benefits of prescribed fires.
Title III: Reporting
- Annual Reports to Database (Sec. 301): Requires states to report prescribed fire acres treated to a national database for eligibility in act funding; offers cost-share assistance to states.
- Annual Implementation Report (Sec. 302): Secretaries submit yearly updates to Congress on act activities.
Significant Changes to Existing Law
- Funding and Mandates: Introduces flexible reallocation of up to 15% of fuels/post-fire funds for prescribed fires and a 10% annual acreage increase, which is new; previously, such activities lacked dedicated mandates or caps.
- Collaborative Program: Creates a new grant-based program with strict eligibility (e.g., 50,000-acre minimum, old-growth protections) and limits, building on but expanding existing restoration authorities.
- Liability Expansion: Broadens FTCA to cover supervised non-federal partners in burns, a novel extension beyond current federal employee protections.
- Environmental and Air Quality: Streamlines NEPA via landscape-scale plans (reducing project-by-project reviews) and eases Clean Air Act exceptional event rules for burns, prioritizing ecosystem benefits over strict air standards if managed properly. Adds smoke research mandates.
- Workforce and Training: Formalizes hazard pay, task forces, hiring preferences (e.g., for veterans/ex-incarcerated), and certification adjustments, altering personnel policies under civil service laws.
Potential Impacts
- Government Agencies: DOI (e.g., Bureau of Land Management) and USDA Forest Service will face increased operational demands, including more burns, planning, and reporting, potentially straining budgets but enabling efficiencies through collaborations and training. EPA/CDC gain roles in smoke coordination/research, possibly requiring new tools/models.
- Citizens: Reduces long-term wildfire risks in high-threat areas, improving safety/property protection in wildland-urban interfaces and benefiting habitats/water quality. May increase short-term smoke exposure, but mitigated by education, prediction tools, and air quality exemptions. Local economies could see job growth in fire management/training.
- International Relations: No direct impacts; focuses on domestic federal lands.
Main Stakeholders Affected
- Federal Agencies: DOI, USDA Forest Service (primary implementers), EPA (air quality coordination), CDC (smoke health research), and Office of Personnel Management (hazard pay rules).
- Indian Tribes and Indigenous Groups: Benefit from supported cultural burning, consultations, training centers, and priority for Tribal resources/protection.
- State/Local Governments and Communities: Eligible for grants/contracts; must report data for funding; gain from reduced wildfire risks and local hiring/training opportunities.
- Nonprofits, Private Landowners, and Fire Groups: Can partner via agreements, receive funding/training, and participate in projects; prescribed fire councils/burn associations prioritized.
- Firefighters and Workforce: Enhanced pay, career paths (e.g., seasonal-to-permanent conversions, veteran/ex-incarcerated hiring), and certifications; non-federal practitioners integrated into federal systems.
- General Public and Environment: Affected by smoke/education efforts; ecosystems gain from restoration, old-growth preservation, and invasive species control.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces compliance with NEPA (environmental impact assessments), Endangered Species Act (habitat protections), and Clean Air Act while streamlining processes (e.g., landscape plans reduce redundant reviews; exceptional events protect burns from penalties). Extends FTCA liability without overriding immunities, potentially increasing claims but with budgeted reimbursements. Emphasizes government-to-government Tribal consultations, aligning with trust responsibilities.
- Constitutional: Supports property and environmental protections under the Commerce Clause (wildfire management affects interstate commerce) and due process via liability clarifications; no apparent conflicts with free speech or other rights.
- Political: Promotes bipartisan wildfire mitigation (introduced by Reps. Schrier and Valadao), emphasizing science-based, collaborative approaches amid growing climate-driven fire risks. Could shift budgets toward prevention over suppression, influencing appropriations debates; highlights equity by including underrepresented groups (Tribes, veterans, ex-incarcerated) in workforce opportunities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Valadao, David G. [R-CA-22], Rep. Bynum, Janelle S. [D-OR-5]
Recent Actions
- 2025-06-10: Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-06-10: Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-06-10: Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-06-10: Introduced in House
- 2025-06-10: Introduced in House
Bill Versions
- National Prescribed Fire Act of 2025 — issued 2025-06-10 — PDF (39 pages)