Liability of prescribed fire managers

(a) Definitions In this section: (1) Covered activity The term covered activity means an activity carried out on Federal land directly related to a wildland fire, prescribed fire, or prescribed fire with cultural objectives in the course of executing a Federal action. (2) Covered entity The term covered entity means a non-Federal entity engaged in a covered activity, if that non-Federal entity is acting— (A) under the direct supervision of a Federal employee; and (B) within the scope of a contract or agreement in carrying out that covered activity. (b) Indemnity of Federal and Tribal employees The Secretaries, in coordination with the Attorney General, shall develop, for employees involved in covered activities, a voluntary training course describing— (1) liability protections afforded to those employees when acting within the scope of their employment; (2) the limits on any liability protections under paragraph (1); and (3) reimbursements available for qualified employees for professional liability insurance under section 636 of division A of Public Law 104–208 (5 U.S.C. prec. 5941 note). (c) Indemnity of other cooperators (1) In general Beginning on the date of enactment of this Act, a covered entity shall be considered to be an employee of the Federal Government for purposes of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), while that covered entity is engaged in covered activities. (2) Guidance Not later than 1 year after the date of enactment of this Act, the Secretaries, in consultation with the Attorney General, shall issue guidance on the necessary provisions and implementation requirements for contracts or agreements that would extend liability protections to covered entities under paragraph (1). (3) Reimbursement Beginning in the first fiscal year that begins after the date of enactment of this Act, the Secretaries shall request, through annual appropriations, funds sufficient to reimburse the Treasury for any claims paid during the prior fiscal year pursuant to paragraph (1). (d) Effect Nothing in this section limits or otherwise affects— (1) the application of any statutory or judicial immunity to Federal employees; (2) the application of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), to Federal employees; or (3) the application of section 314 of Public Law 101–512 (25 U.S.C. 5321 note).