Climate scientists are in agreement; a warming planet sparks increasingly severe and frequent wildfires.[1] As we face this problem head on, it is imperative to look not only to future technology but also to learn from the indigenous practices that preserved land for thousands of years. One key lesson is that of prescribed burns.

Prescribed burns, or prescribed fires, are the planned, controlled burning of designated areas.[2] Although it may seem counterintuitive, this process dramatically reduces the risk of wildfires and limits the scope of their damage by removing easily flammable dry brush.[3] Beyond fire reduction, prescribed burning also promotes the growth of new plant and animal life by recycling nutrients back into the soil, improving the habitat for ground-level species, and minimizing the risk of non-native pests attracted to the decaying brush.[4] Indigenous peoples across North America originally employed prescribed burns for a variety of reasons. Tribes in the Eastern United States burned parts of the forest to promote the growth of oak and chestnut trees for their valuable nuts, those in the Great Plains used large fires to herd bison, and tribes in the West used prescribed burns to protect against future wildfires and encourage the growth of slender grasses for weaving.[5]

In the mid-nineteenth century, as the logging industry expanded, the U.S. government became increasingly wary of forest fires and questioned the indigenous practice of purposely starting them.[6] In 1850, the California Legislature passed the Act for the Government and Protection of Indians which, among other things, outlawed prescribed burns in the state.[7] Several other states followed suit, and in the 1900s, the U.S. Forest Service (“USFS”) refused to fund wildfire response activities in any state which had not outlawed prescribed burns.[8] Government officials characterized the indigenous tradition as primitive and destructive, as they believed it to hinder the growth of healthy forests and timber.[9]

As wildfires continue to rage and forests no longer flourish as they once had, there has been a resurging acceptance of the benefits of regularly employing prescribed burns. States and the federal government are increasingly partnering with Native American tribes to learn how to safely conduct prescribed burns and incorporate traditional knowledge into government practices.[10] In the 1970s, the USFS dramatically shifted their policies to a “let it burn” approach, allowing natural wildfires to burn without extinguishment in controlled areas.[11] Although out-of-control wildfires in Yosemite National Park set back the success of these policies in the 1980s,[12] the practice of prescribed burns has continued to make its way into state and federal fire policy.

Today, all fifty states and the federal government allow prescribed fires.[13] As of 2020, the Bureau of Indian Affairs, Bureau of Land Management (“BLM”), National Park Service, U.S. Fish and Wildlife Service, and USFS have conducted prescribed burns on 1,471,855 acres.[14] State governments and private owners burned an additional 7,912,493 acres as of 2020.[15] State law varies on the requirements and approvals necessary before private landowners and state agencies can conduct a burn. Most states require a permit or express authorization along with a detailed burn plan and a designated burn manager to ensure the scope of the fire is controlled and does not interfere with neighboring property.[16]

At the federal level, prescribed burns require approval from the Environmental Protection Agency (“EPA”) and coordination between the USFS and BLM.[17] In November 2024, the Senate Committee on Energy and Natural Resources reported the National Prescribed Fire Act of 2024.[18] If adopted, the bill would, among other things, require the USFS and BLM to (1) increase the acreage of land burned by 10% each year for ten years, (2) to work with the EPA and state agencies to expedite the air quality approval process, and (3) allow the USFS and Department of the Interior to use up to 15% of their hazardous fuel management budget on conducting prescribed burns.[19]

While the future of legislation like the National Prescribed Fire Act is unclear, it is evident that prescribed burns must become a key part of American fire policy. Sometimes to work toward a safer future, we must look back to the traditional practices of the past. It is imperative to include indigenous voices and knowledge to protect not only the nation’s forests but the people and communities at risk from severe wildfires.

 

 

[1] Climate Change Indicators: Wildfires, U.S. Env’t Prot. Agency, https://www.epa.gov/climate-indicators/climate-change-indicators-wildfires, (last updated Feb. 4, 2025).

[2] Prescribed Fire, U.S. Forest Serv., https://www.fs.usda.gov/managing-land/prescribed-fire, (last visited Feb. 10, 2025).

[3] Id.

[4] Id. 

[5] Indigenous Fire Practices Shape Our Land, Nat’l Park Serv. (Mar. 18, 2024), https://www.nps.gov/subjects/fire/indigenous-fire-practices-shape-our-land.htm#:~:text=Native%20Americans%20in%20the%20Great,clear%20the%20understory%20of%20vegetation.

[6] Beyond the Bonfire: A Primer on Prescribed Fire for Virginia’s Private Landowners, Virginia Prescribed Fire Council, 1 (2023),  https://forestupdate.frec.vt.edu/content/dam/forestupdate_frec_vt_edu/resources/publications/2023%20Beyond%20the%20Bonfire_digital%20version.pdf.

[7] Susie Cagle, ‘Fire Is Medicine’: The Tribes Burning California Forests to Save Them, Guardian (Nov. 21, 2019, 6:00 AM), https://www.theguardian.com/us-news/2019/nov/21/wildfire-prescribed-burns-california-native-americans.

[8] National Prescribed Fire Act, Taxpayers for Common Sense (Nov. 19, 2024), https://www.taxpayer.net/energy-natural-resources/national-prescribed-fire-act/#:~:text=The%20National%20Prescribed%20Fire%20Act%20of%202024%20would%20create%20Prescribed,prescribed%20fire%20on%20federal%20land.

[9] Cagle, supra note 7.

[10] Indigenous Fire Practices, supra note 7.

[11] Jan W. van Wagtendonk, The History and Evolution of Wildland Fire Use, 3 Fire Ecology 3, 5 (2007),   https://fireecology.springeropen.com/articles/10.4996/fireecology.0302003#:~:text=In%201962%2C%20the%20Secretary%20of,and%20accomplished%20approved%20management%20objectives.

[12] Id. at 8.

[13] Mark A. Melvin, 2021 National Prescribed Fire Use Survey Report, Nat’l Ass’n State Foresters (2021), https://www.stateforesters.org/wp-content/uploads/2023/01/2021-National-Rx-Fire-Use-Report_FINAL.pdf.

[14] Id. at 3.

[15] Id.

[16] Id. at 8.

[17] National Prescribed Fire Act, supra note 8.

[18] National Prescribed Fire Act of 2024, S. 4424, 118th Cong. (2024).

[19] Senate Committee Passes Wildfire and Public Lands Bill, Taxpayers for Common Sense (Nov. 20, 2024), https://www.taxpayer.net/energy-natural-resources/senate-committee-passes-wildfire-and-public-lands-bills/.