Oklahoma House of Representatives
Mike W. Ray, Media Division Director
March 29, 2004

OKLAHOMA CITY -- Legislation to improve the safety of prescribed burning of pastures in Oklahoma received a chilly reception Monday from the House Committee on Agriculture and Rural Development.

"The Legislature finds it in the public interest to encourage and assist private and public land owners in managing their property by promoting the use of certified prescribed burning" directed by a "burn master" or a rural fire department, Senate Bill 1360 declares.

A certified prescribed burn is defined in the measure as "the controlled application ... of fire to naturally occurring vegetative fuel under specified environmental conditions and following appropriate precautionary measures..." A "burn master" is a person who has "fulfilled the education, training, and certification requirements" of the Department of Agriculture, Food and Forestry "to conduct certified prescribed burning."

Public benefits of land management from prescribed burning are environmental, economic, aesthetic, health and safety related, the bill asserts. Burning can improve water quality and increase water quantity, and "minimize dangerous fuel loads," by eradicating thirsty trees such as the redcedar, the bill continues. Burning also "may reduce human allergic reactions," the bill adds.

The legislation would direct the Agriculture Department to "develop and implement an education, training, and certification program for burn masters, to qualify persons to conduct" prescribed burns.

Legal liability is a key concern about prescribed burning, said House GOP Leader Todd Hiett of Kellyville. Rep. James Covey, House sponsor of SB 1360, acknowledged the apprehension, noting that the bill would instruct the Agriculture Department to work with various organizations to develop recommendations on topics such as:
* how liability may be transferred from the owner to the burn master;
* how liability insurance coverage may be provided at a reasonable cost for the owner and/or burn master;
* whether the Legislature could impose a statutory limit on liability;
* whether it might be necessary for the State of Oklahoma to underwrite or administer liability coverage "to facilitate certified prescribed burning."

Covey, vice chairman of the House committee, told his colleagues that no insurance carriers offer coverage for burn masters. The Custer City Democrat also emphasized that use of a burn master would be strictly voluntary, not compulsory.

Rep. Don Armes, R-Faxon, asked whether producers currently have a source of training in how to properly burn their pastures. Yes, they do, replied Rep. Elmer Maddux, R-Mooreland: the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS).

Covey pointed to the largest landowner in Oklahoma: the Commissioners of the Land Office, an agency that administers 740,000 acres of state school land in 44 counties. The school land commission supports burning as "a tool ... an option" to confront the ceaseless advance of redcedar across Oklahoma, Covey said; Keith Kuhlman, director of the commissioners' real estate management division, confirmed that assertion.

"Just look at the cedars taking root in the medians and fencerows along I-35 and I-40," Covey said.

The NRCS estimates eight million acres in Oklahoma are infested with at least 50 juniper trees per acre. According to the NRCS, encroachment is occurring at a rate of approximately 762 acres per day, or nearly 300,000 acres per year. That represents a takeover of 434.5 square miles -- an area the size of Washington County or Murray County -- each year.

Rep. Joe Sweeden argued against SB 1360. "We already have laws on prescribed burning; I don't see the need for this legislation." The Pawhuska Democrat also contended it would "discourage people from burning."

"We have a lot of things we need to work out" on the legislation, Covey conceded, but asked his colleagues to keep the "work-in-progress" alive so it can eventually be sent to a House/Senate conference committee to iron out the wrinkles.

The House committee gave SB 1360 a "do pass" recommendation on a 5-4 vote, advancing it to the calendar for a floor vote by the entire House of Representatives.

Sen. Owen Laughlin, R-Woodward, is the principal author of the bill.
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