Proposed Rule2026-07198
Differential Pay for Prescribed Wildland Fire Activities
Primary source
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Published
April 14, 2026
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management is proposing to add prescribed (planned) wildland fire duties as covered activities triggering payment of Hazardous Duty Pay for General Schedule (GS) employees and Environmental Differential Pay for Federal Wage System (FWS) employees. The proposed new differentials would apply to GS and FWS employees participating as a member of a firefighting crew engaged in activities on the fireline directly involving the implementation and control of prescribed wildland fires. This rulemaking would authorize a 25 percent differential.
Full Text
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<title>Federal Register, Volume 91 Issue 71 (Tuesday, April 14, 2026)</title>
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[Federal Register Volume 91, Number 71 (Tuesday, April 14, 2026)]
[Proposed Rules]
[Pages 19081-19086]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07198]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 71 / Tuesday, April 14, 2026 /
Proposed Rules
[[Page 19081]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 532 and 550
[Docket ID: OPM-2026-0199]
RIN 3206-AO76
Differential Pay for Prescribed Wildland Fire Activities
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management is proposing to add
prescribed (planned) wildland fire duties as covered activities
triggering payment of Hazardous Duty Pay for General Schedule (GS)
employees and Environmental Differential Pay for Federal Wage System
(FWS) employees. The proposed new differentials would apply to GS and
FWS employees participating as a member of a firefighting crew engaged
in activities on the fireline directly involving the implementation and
control of prescribed wildland fires. This rulemaking would authorize a
25 percent differential.
DATES: Send comments on or before June 15, 2026.
ADDRESSES: You may submit comments on the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting
comments.
Please arrange and identify your comments on the regulatory text by
subpart and section number. If your comments relate to the
supplementary information, please reference the heading and page number
in the supplementary section. All comments must be received by the end
of the comment period for them to be considered. All comments and other
submissions received generally will be posted on the internet at
<a href="https://regulations.gov">https://regulations.gov</a>, without change, including any personal
information provided. However, OPM retains discretion to redact
personal or sensitive information, including but not limited to,
personal or sensitive information pertaining to third parties.
As required by 5 U.S.C. 553(b)(4), a summary of this rule may be
found in the docket for this rulemaking at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ana Paunoiu, by telephone at (202)
606-2858 or by email at <a href="/cdn-cgi/l/email-protection#b1c1d0c8c1deddd8d2c8f1dec1dc9fd6dec7"><span class="__cf_email__" data-cfemail="cbbbaab2bba4a7a2a8b28ba4bba6e5aca4bd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
proposing to establish new Hazardous Duty Pay (HDP) and Environmental
Differential Pay (EDP) categories at a 25 percent rate for Federal
employees performing prescribed (planned) wildland fire activities. HDP
is a pay differential authorized by 5 U.S.C. 5545(d) and 5 CFR part
550, subpart I, for General Schedule (GS) \1\ employees performing
duties approved by OPM in Appendix A of the regulations that involve
unusual physical hardship or hazard. EDP is a pay differential
authorized by 5 U.S.C. 5343(c)(4) and 5 CFR 532.511 for Federal Wage
System (FWS) employees exposed to working conditions or hazards that
fall within one of the categories approved by OPM in Appendix A of 5
CFR part 532, subpart E.
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\1\ In this proposed rule, the acronym ``GS'' is used to refer
to the General Schedule pay system. Multiple pay plan codes are used
for various subcategories of General Schedule employees, including
the GW code for wildland firefighters in that system. References to
``GS'' employees should be understood to include GW wildland
firefighters.
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The Forest Service in the United States Department of Agriculture
(USDA), which manages the National Forest System comprised of 193
million acres of forest and grasslands, and the Office of Wildland Fire
within the Department of the Interior (DOI), which manages 2.6 million
acres of forest and grasslands, requested OPM add prescribed wildland
fire activities as new HDP and EDP categories. ``Prescribed fire'' is
the planned or controlled application of fire under specific conditions
to restore the health of ecosystems that depend on fire.\2\ Prescribed
wildland fire activities are not currently included as a covered
category of work for HDP and EDP purposes. Based on updated analyses,
physical, chemical, and biological hazards associated with a prescribed
fire may affect an employee's short- and long-term safety and health in
unavoidable ways, similar to the hazards found in a wildfire (i.e., an
unplanned wildland fire incident) environment.
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\2\ Detailed information regarding ``prescribed fires'' may be
found in USDA's ``The National Prescribed Fire Resource Mobilization
and Strategy'' at <a href="https://www.fs.usda.gov/sites/default/files/2023-06/Rx-Fire-Strategy.pdf">https://www.fs.usda.gov/sites/default/files/2023-06/Rx-Fire-Strategy.pdf</a>.
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Certain firefighting work is listed as a hazardous duty in Appendix
A to subpart I of part 550 and Appendix A to subpart E of part 532 of
title 5 of the Code of Federal Regulations qualifying for HDP and EDP.
The language in the HDP regulations includes ``Forest and range fires''
under the ``Firefighting'' category. A 25 percent hazard pay
differential is authorized for participating as a member of a
firefighting crew in ``fighting forest and range fires on the
fireline.'' The language in the EDP regulations describes firefighting
work as participating or assisting in firefighting operations where the
firefighter is ``on the immediate fire scene and in direct exposure to
the hazards inherent in containing or extinguishing fires.'' Fighting
forest fires and range fires on the fireline is considered a ``high
degree'' of hazard and provides for a 25 percent differential rate.
These existing HDP and EDP categories were specifically created to
cover the fighting of wildfires and not activities related to
prescribed fires.
The proposed regulatory changes would provide for--
1. An HDP for GS employees and an EDP for FWS employees
participating in prescribed wildland fire operations and engaged in
activities on the fireline involving implementation and control of a
prescribed wildland fire.
2. Assigning the rate of 25 percent for prescribed wildland fire
activities for both HDP and EDP.
Generally, HDP is not payable to a GS employee when the hazardous
duty has been taken into account in the classification of the position
encumbered by the employee. See 5 U.S.C. 5545(d)(1) and 5 CFR
550.904(a)-(b). However, in 2021, 5 U.S.C. 5545(d)(1) was amended to
allow, as a special exception, HDP for firefighters who are placed in a
separate classification series based on the primary duties of their
position involving the prevention, control, suppression, or management
of wildland fires--even though firefighting duties are taken into
account in the
[[Page 19082]]
classification of their positions. (See Pub. L. 117-58, Nov. 15, 2021.)
For GS employees in the 0456 Wildland Fire Management occupational
series, this statutory exception supersedes OPM's current regulations
at 5 CFR 550.904(a)-(b). Thus, a GS-0456 wildland firefighter can
currently receive HDP for working on the fireline of a wildfire.
Similarly, this proposed regulation would allow a GS-0456 wildland
firefighter to be able to receive HDP for working on the fireline of a
prescribed fire despite the classification of the employee's position.
OPM is proposing to amend 5 CFR 550.904 to add a new paragraph (f) to
clarify this statutory exclusion. (Note: The EDP authority does not
include a similar classification restriction.)
Prescribed fire duties (e.g., ignition, fireline construction,
holding, snag felling, mopup) expose employees to open flame, radiant
and convective heat, smoke, unstable terrain, fire-weakened trees, and
other physical, chemical, and biological hazards during ignition and
patrol phases. Safety practices and Personal Protection Equipment
(PPE), as described further in this notice, reduce--but cannot
eliminate--these risks. Agency data document thousands of smoke/
inhalation exposures during prescribed fire operations (2018-2023) and
fatalities associated with prescribed burns (2003-2023).\3\ Advances in
research indicate declines in lung function and increases in biomarkers
of systemic inflammation and oxidative stress among wildland
firefighters after shifts on both wildfires and prescribed fires. The
International Agency for Research on Cancer classifies occupational
exposure as a firefighter as carcinogenic to humans. Congress has also
provided presumptive illness coverage for certain cancers and cardiac
and pulmonary diseases for Federal wildland firefighters.\4\
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\3\ See ``Working in Smoke: Wildfire Impacts on the Health of
Firefighters and Outdoor Workers and Mitigation Strategies'' at
<a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC9008597/">https://pmc.ncbi.nlm.nih.gov/articles/PMC9008597/</a>.
\4\ See ``Carcinogenicity of occupational exposure as a
firefighter'' at <a href="https://www.thelancet.com/journals/lanonc/article/PIIS1470-2045">https://www.thelancet.com/journals/lanonc/article/PIIS1470-2045</a>(22)00390-4/fulltext.
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OPM is responsible for establishing HDP categories for GS employees
under 5 U.S.C. 5545(d) and EDP categories for FWS employees under 5
U.S.C. 5343(c)(4). The GS HDP categories are contained in Appendix A to
5 CFR part 550, subpart I, and FWS EDP categories are contained in
Appendix A to subpart E of 5 CFR part 532. The proposal to add an EDP
of 25 percent for prescribed wildland fire activities was presented to
the Federal Prevailing Rate Advisory Committee (FPRAC), the national
labor-management committee responsible for advising OPM on matters
concerning the pay of FWS employees, at its July 18, 2024, meeting.\5\
The Committee recommended this change by consensus.
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\5\ The transcript of the July 18, 2024 Federal Prevailing Rate
Advisory Committee can be found at Federal Wage System (<a href="https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/federal-wage-system/#url=FPRAC">https://www.opm.gov/policy-data-oversight/pay-leave/pay-systems/federal-wage-system/#url=FPRAC</a>).
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After analyzing data presented by USDA and DOI and reviewing
FPRAC's recommendation, OPM decided to propose an amendment to current
regulations to include a 25 percent differential for EDP applicable to
the implementation and control of a prescribed wildland fire when
performed by FWS employees since these employees are exposed to most of
the same physical, chemical, and biological hazards that may affect an
employee's short- and long-term health and safety as employees fighting
wildfires. The proposed language reviewed by FPRAC was ``participating
as a member of a firefighting crew, engaged in activities on the fire
line related to the preparation, implementation, and control on
prescribed wildland fire.'' The language approved by OPM in this
proposed regulation replaces ``related to'' with ``directly involves''
and does not include activities of ``preparation'' for a prescribed
fire, since the hazards justifying coverage are associated with
management of an active fire and its aftermath by employees working on
the fireline, not preparatory activities before a fire has been
ignited.
OPM's proposed regulations are consistent with Executive Order
(E.O.) 14308, titled ``Empowering Commonsense Wildfire Prevention and
Response,'' (90 FR 23175) signed by President Donald J. Trump on June
12, 2025, directing USDA and DOI to consolidate their wildland fire
programs and recommend additional measures to modernize wildland fire
prevention efforts.
The proposed change would apply the first day of the first pay
period starting after the effective date of a final rule.
Description of the Hazardous Duty or Physical Hardship
Per USDA and DOI,\6\ duties associated with prescribed fire
activities include ignition, fireline construction, holding, snag
felling, and mop-up. As in wildfire suppression, prescribed burns
expose firefighters to physical, chemical, and biological hazards with
short- and long-term health risks. Crews deploy along prepared control
lines with standard gear--PPE (e.g., hard hats, fire-resistant
clothing, gloves, boots), hand tools, chainsaws, and hoses--and ignite
units using ground devices (e.g., drip torches, Very pistols, fusees,
propane or high-pressure torches) and/or aerial ignition (e.g.,
helicopters, drones). Working directly on the fireline next to a
spreading fire, firefighters are exposed to open flame, radiant and
convective heat, and smoke throughout implementation. After ignition,
patrol and mop-up can continue for days, involving water or foam
application, digging out hot material, and felling fire-weakened trees.
Smoke exposure peaks during ignition and early mop-up. From 2018-2023,
Forest Service eSafety reports recorded 2,142 smoke or inhalation
exposure incidents during prescribed-fire operations.\7\
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\6\ See supporting information provided by USDA and DOI at
<a href="https://www.regulations.gov/document/OPM-2026-0199-0001">https://www.regulations.gov/document/OPM-2026-0199-0001</a>.
\7\ See fn 6.
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Information on Ways To Mitigate the Hazard
Prescribed fire and wildfire operations use similar hazard
mitigation measures. Standard wildland safety practices--briefings on
assignments, hazards, weather, and unique risks; posting lookouts; use
of PPE; and following established checklists and avoidance procedures--
reduce risk but cannot eliminate it. Any fire operation increases the
risk of injury or illness, and prescribed burns occur in inherently
unpredictable conditions. Their hazards and required actions mirror
those of wildfires--unstable terrain, falling trees and rolling
material, necessary proximity to fire, and chemical and biological
exposures--so risks cannot be fully controlled or mitigated.
The Degree to Which the Employee Is Exposed to Hazard or Physical
Hardship
``Degree'' in this case is characterized as a qualitative measure
of magnitude, expressed over time. ``Exposure'' in this case is
characterized as any occurrence where an employee is directly affected
by the hazard and is therefore subject to the consequences of the
hazard.
While conducting the implementation and patrol phase of prescribed
fire operations, employees are exposed to variable degrees of a
discrete or cumulative number of hazards. Not all hazards that
employees are exposed to can be fully mitigated. Specific examples are
described in the following table.
[[Page 19083]]
Common Job Tasks Performed on Wildfires and Prescribed Fires and Hazards
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Hazards that cannot be
Job task Definition fully mitigated
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Firing/ignition operations......... Ignition of burnable materials (fuels) with Physical Hazard
drip torches filled with a diesel/unleaded Working on slopes and
gasoline mixture, fusees, flare launchers, or uneven ground (Slips,
other incendiary devices. How the burn is trips, falls, ground
ignited (through firing patterns) may result collapse, stobs, stump
in varying fire behavior and smoke production. holes with hot ash).
Fire behavior that may
lead to increased extreme
temperatures.
Working in and around fire
weakened trees.
Chemical Hazard
Exposure to by-products of
combustion (from burning
vegetation and ignition
devices).
Exposure to silica (dirt,
dust and ash).
Exposure to engine fuel
and exhaust.
Biological Hazard
Exposure to biological
hazards (poison ivy/oak,
animal and insect bites,
fungal pathogens).
Holding............................ Monitor and patrol a section of the fireline
(on wildfires and prescribed fires) and ensure
that fire does not cross the fireline.
Firefighters performing holding can be
instructed to stand along a fireline and watch
for the fire escaping control lines which can
involve being in areas of high smoke and low
visibility and around fire weakened trees.
Mop-up............................. Extinguish any burning or smoldering material
by digging out the burning material or
applying water to prevent rekindling and
improve the chances the fireline will hold the
fire.
Patrolling......................... Inspect and monitor a fire perimeter to monitor
fire conditions.
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Description of Hazardous Nature of Firefighter Duties and Working
Conditions
During implementation and patrol, employees face multiple,
sometimes cumulative hazards that cannot be fully mitigated. Smoke
exposure on both wildfires and prescribed fires is associated with
reduced lung function, increased airway responsiveness, and elevated
biomarkers of systemic inflammation, oxidative stress, and urinary
mutagenicity after shifts and across seasons. Exposure assessments
consistently detect hazardous air pollutants, including carcinogens. In
2022, the International Agency for Research on Cancer (IARC) classified
occupational exposure as a firefighter as carcinogenic to humans.\8\
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\8\ See ``Carcinogenicity of occupational exposure as a
firefighter'' at <a href="https://www.thelancet.com/journals/lanonc/article/PIIS1470-2045">https://www.thelancet.com/journals/lanonc/article/PIIS1470-2045</a>(22)00390-4/fulltext.
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An IARC working group did not differentiate between structural and
wildland fire exposures and cancer risk, and many of their studies that
provided evidence of carcinogenicity were in wildland firefighters
working on wildfires and prescribed fires reporting increases in
inflammation and oxidative stress. Congress likewise recognized these
hazards in section 5305 (Fairness for Federal Firefighters) of the
James M. Inhofe National Defense Authorization Act of 2023, Public Law
117-263 (Dec. 23, 2022), which provides presumptive workers'
compensation coverage under 5 U.S.C. 8143b for certain cancers and
cardio-pulmonary diseases associated with fire protection activities.
In the first year of coverage under this Act, 29 Forest Service
wildland firefighters submitted claims to the Department of Labor,
Office of Workers' Compensation Programs under section 5305.\9\
Although the Occupational Safety and Health Administration (OSHA) has
no prescribed fire specific- standard and the Forest Service applies
administrative controls and PPE (training, ignition-safety courses,
contingency-based planning), these measures cannot reduce risk below a
significant level. The National Wildfire Coordinating Group Risk
Management Committee reported 15 prescribed fire fatalities from 2003-
2023.\10\ Since 2019, Fire Aviation Management Risk Management data
show prescribed-fire injuries range from treated-and-released to fatal
and, on average, occur with frequency and severity similar to large-
fire suppression.
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\9\ See fn 6.
\10\ See fn 6.
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According to USDA and DOI, injury patterns are similar for large-
fire and prescribed-fire operations, with fireline work accounting for
the largest share in both, but more heavily so during prescribed fires.
In large-fire operations, roughly one-third of injuries occur on the
fireline, about one-quarter are environmental, around one-fifth are
illness-related, and a smaller share are tied to ground transportation,
while aviation and other categories make up only a small fraction. In
prescribed-fire operations, fireline injuries make up the largest
portion at just over 40 percent, followed by ground transportation at a
little over 20 percent, with environmental injuries in the mid-teens,
aviation near 10 percent, illness below that, and almost none in the
``other'' category. The average injury severity is slightly higher for
large fires than for prescribed fires, although the overall severity
levels are relatively close.\11\
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\11\ See fn 6.
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The Wildland Fire Lessons Learned Center Incident Review Database
(IRDB) (<a href="https://lessons.wildfire.gov/search-irdb">https://lessons.wildfire.gov/search-irdb</a>) houses hundreds of
reports, reviews, and lessons-learned documents, many of which discuss
accidents on prescribed fires. The examples included here reflect the
interagency, collaborative nature of prescribed fire operations, as
well as the wide range of injuries--including fatal injuries--that
firefighters can experience on prescribed fires.
<bullet> Sam Houston National Forest Prescribed Fire Helicopter
Accident Fatality 2019 (<a href="https://lessons.wildfire.gov/incident/sam-houston-nf-prescribed-fire-helicopter-accident-fatality-2019">https://lessons.wildfire.gov/incident/sam-houston-nf-prescribed-fire-helicopter-accident-fatality-2019</a>)
<bullet> Clear Creek RX Drip Torch Leg Burn 2021 (<a href="https://lessons.wildfire.gov/incident/clear-creek-rx-drip-torch-leg-burn-2021">https://lessons.wildfire.gov/incident/clear-creek-rx-drip-torch-leg-burn-2021</a>)
East Eagle-Mud Springs Prescribed Fire Hit by Tree 2023 (<a href="https://lessons.wildfire.gov/incident/east-eagle-mud-springs-prescribed-fire-hit-by-tree-2023">https://lessons.wildfire.gov/incident/east-eagle-mud-springs-prescribed-fire-hit-by-tree-2023</a>)
The Degree to Which Control May Be Exercised Over the Physical Hardship
or Hazard
Although it was previously opined that prescribed fires are planned
and in ``control,'' this term has not been used by the wildland fire
community in public communications or Federal policy. Since 1995,\12\
Federal policy has
[[Page 19084]]
recognized prescribed fire--and, in 2009 guidance,\13\ planned fire--as
the correct term for intentional fire use. In addition, the term
``control[led] burn'' is not found in the Publication Management System
(PMS) 484--Prescribed Fire Planning and Implementation Procedures Guide
or in the PMS 205 \14\ which is the inter-agency standard for wildland
fire related definitions.
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\12\ See: Interagency Standards for Fire and Fire Aviation
Operations, Jan. 2023.
\13\ National Interagency Fire Center. ``Guidance for
Implementation of Federal Wildland Fire Management Policy,'' Feb.
13, 2009, <a href="http://www.nifc.gov/policies/policies_documents/GIFWFMP.pdf">http://www.nifc.gov/policies/policies_documents/GIFWFMP.pdf</a>.
\14\ NWCG Publication Management System document 205: Glossary
of Wildland Fire, <a href="https://www.nwcg.gov/publications/pms205">https://www.nwcg.gov/publications/pms205</a>.
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Within the wildland fire community, control refers to an end state
of a wildfire or prescribed fire or to specific tactics/features (e.g.,
``control line,'' ``natural control feature''), not to the operation
itself. In short, ``controlled fire'' is a misnomer: any fire on the
landscape can exceed intended boundaries and is never fully within
human control.
Standard safety practices--thorough briefings on hazards and
weather, posting lookouts, and adherence to established checklists and
avoidance procedures--mitigate some risks. Nevertheless, any fire,
prescribed or wildfire, increases the likelihood of exposure, injury,
and illness. Prescribed burns occur in an inherently unpredictable
environment with limited ability to control hazards. Required tasks--
traversing unstable terrain, working in close proximity to flame, and
exposure to chemical and biological hazards--create conditions that
cannot be fully mitigated or controlled. Coupled with recent research
and congressional mandates recognizing smoke exposure as a hazard,
these realities justify additional HDP and EDP compensation for GS and
FWS employees engaged in prescribed fire operations.
Expected Impact of This Rule
A. Statement of Need
This proposed regulation is needed because there is currently pay
disparity between FWS and GS employees performing prescribed (planned)
wildland fire activities and those working wildfire firelines. The
purpose of these regulations is to achieve pay parity for Federal
employees conducting prescribed wildland fire activities and Federal
employees performing duties involving wildfires. As stated previously,
while prescribed fire plans contain certain feasible mitigations,
unavoidable hazards remain. Because providing a 25 percent HDP/EDP
differential only to Federal firefighters engaged in wildland fire
activities could potentially perpetuate a disparate compensation
practice, the Federal Government is taking steps to address the
compensation policy for those Federal employees who are exposed to
unusual health risks caused by working in close proximity to prescribed
wildland fires and that cannot be mitigated.
Lack of EDP and HDP compensation is also a persistent barrier in
recruiting and retaining FWS and GS employees to carry out prescribed-
fire operations.
B. Impact
This proposed rule would provide a 25 percent HDP for GS employees
and EDP for FWS employees participating in prescribed wildland fire
operations and engaged in activities on the fireline related to
implementation and patrol of prescribed wildland fires. The proposed
changes would primarily apply to firefighters at USDA Forest Service
and DOI. However, other agencies have advised OPM that in limited
situations they may also have employees temporarily assigned to
prescribed wildland fire activities who may meet the criteria for
payment of the proposed 25 percent EDP or HDP differential. The
proposed new differentials may apply to employees performing qualifying
prescribed wildland fire duties in agencies outside of USDA Forest
Service and DOI. Decisions on whether employees meet the criteria for
application of the prescribed wildland fire differentials would be made
by the employing agencies.
Under 5 U.S.C. 5545(d) and 5343(c)(4), OPM has the authority and
responsibility to establish and make changes to HDP and EDP categories
to provide additional compensation to GS and FWS employees. Any changes
to the HDP and EDP schedules in title 5 will have the long-term effect
of increasing pay for Federal employees in affected locations. OPM
expects this rulemaking to impact approximately 10,000 GS employees and
2,500 FWS employees at USDA and DOI. Considering the number of
employees affected, OPM does not anticipate that this proposed rule
will substantially impact local economies or have a large impact in
local labor markets.
The Length of Time During Which the Duty Will Continue To Exist
Within known technological limits, the duty of prescribed fire as
currently implemented by the U.S. Federal Government has no foreseeable
point in time in which it will cease to exist. The role of prescribed
fire within natural ecosystems has been established by over 100 years
of relevant science as the only practical mitigation and restoration
tool available to professional land managers. The USDA Forest Service
Wildfire Crisis Strategy Implementation Plan,\15\ the National Wildland
Fire Cohesive Strategy,\16\ and the Report of the Wildland Fire
Mitigation and Management Commission \17\ all support expanding the
spatial scale of prescribed fires. As such, there is no known end-state
to the hazards associated with prescribed fire. The overall magnitude
of exposures to prescribed fire-related hazards are likely to increase
over time.
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\15\ USDA Forest Service. ``Wildfire Crisis Implementation
Plan,'' Jan. 2022, <a href="https://www.fs.usda.gov/sites/default/files/Wildfire-Crisis-Implementation-Plan.pdf">https://www.fs.usda.gov/sites/default/files/Wildfire-Crisis-Implementation-Plan.pdf</a>.
\16\ USDA Forest Service; Department of the Interior, Office of
Wildland Fire Coordination. 2011. ``A national cohesive wildland
fire management strategy,'' 2011, <a href="https://www.fs.usda.gov/rm/pubs_other/rmrs_2011_usda_fs001.pdf">https://www.fs.usda.gov/rm/pubs_other/rmrs_2011_usda_fs001.pdf</a>. Wildland Fire Leadership
Council.
\17\ Wildland Fire Mitigation and Management Commission. ``ON
FIRE: The Report of the Wildland Fire Mitigation and Management
Commission,'' Sept. 2023, <a href="https://www.usda.gov/sites/default/files/documents/wfmmc-final-report-09-2023.pdf">https://www.usda.gov/sites/default/files/documents/wfmmc-final-report-09-2023.pdf</a>.
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C. Costs
Utilizing current GS and FWS pay rates, USDA has estimated that
providing HDP and EDP for prescribed fires would cost the Government
$20 million, while the DOI has estimated it to be $12.5 million in
FY2026.
All Forest Service employees engaged in prescribed fires and
wildfire response are paid from a single salary line for firefighters.
The Forest Service sees on average roughly 80 percent of the
operational firefighters participating in prescribed fire in any given
fiscal year. The cost estimate of $20 million for the Forest Service
for FY26 is based on approximately 250 hours of prescribed fire
operations. These numbers can fluctuate heavily depending on burn
conditions, weather, frequency of wildfires (which take priority), etc.
Using the FY25 total as the baseline, DOI compared FY25 prescribed
fire accomplishments (acres treated) with draft FY26 and FY27 targets,
which are about 10 percent higher than FY25 accomplishments. To
accommodate both the expected increase in work and labor costs--
including a 1 percent pay increase from FY25 to FY26, DOI increased the
FY26 Hazard Pay (``H-pay'') estimate by 11 percent over FY25 actual
obligations, resulting in $8.95 million, rounded up to $9.0 million.
For FY27, DOI increased the estimate from $9.0 million to $9.5 million
(a 5.6 percent increase) to account for
[[Page 19085]]
potential additional labor cost increases and further increases in
targets and accomplishments, reflecting DOI leadership and
administration priorities around fuels management and the expectation
of a departmental performance target in the FY26/FY27 timeframe. Note
that these costs to the Government are considered transfers rather than
societal resource costs.
If this rulemaking is finalized, agency payroll providers will need
to properly assign EDP and HDP time and attendance, payroll, and/or
other internal codes and documentation necessary to ensure payment of
the differential for qualifying work. Payroll providers may establish
their own payroll codes as needed, as long as they report the required
data based on OPM's established Enterprise Human Resources Integration
data elements. This is not anticipated to be a significant additional
cost burden or to require additional funding as agency payroll systems
are often updated as a routine business matter.
D. Benefits
This proposed rule has important benefits. As already stated, the
hazards faced by FWS and GS employees conducting prescribed fire
activities mirror those faced by FWS and GS employees managing
wildfires; however, employees conducting prescribed fire activities do
not receive any differential in pay. Recent research has heightened
awareness of smoke and other environmental risks during prescribed
burns. Providing commensurate pay for prescribed fire operations will
help with recruiting and retaining FWS and GS employees. Providing the
differential pay also shows a recognition of the risks associated with
the position and places a higher value on the needed service.
E. Alternatives
OPM considered not providing differential pay and, instead,
allowing Federal agencies to rely on their discretionary authority to
provide pay and leave flexibilities to address significant recruitment
and retention problems. However, pay and leave flexibilities would not
solve the underlying pay inequities between Federal employees exposed
to similar types of fire hazards because such incentives are optional,
uneven, and not tightly tied to hazard exposure. Two employees
performing the same risky work may still end up paid very differently
depending on location, local management decisions, or budget.
OPM also considered providing a lower percentage than a 25 percent
differential, however this approach would underappreciate the hazards
involved in prescribed fire activities, which are equivalent to
wildland fire hazards.
Request for Comments
OPM requests public comments from local businesses on the
implementation and impacts of USDA and DOI paying an additional
compensation of 25 percent HDP to GS employees and EDP to prevailing
rate employees participating in prescribed wildland fire operations and
whether these changes would be likely to affect them.
Regulatory Compliance
A. Regulatory Review
OPM has examined the impact of this rule as required by E.O.s 12866
and 13563, which direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public, health, and safety effects,
distributive impacts, and equity). A regulatory impact analysis must be
prepared for rules that have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This rulemaking does not reach that
threshold but has otherwise been designated as a ``significant
regulatory action'' under section 3(f) of E.O. 12866. This rule is not
expected to be considered an E.O. 14192 regulatory action because it
imposes no more than de minimis costs.
B. Regulatory Flexibility Act
The Director of OPM certifies that this rulemaking will not have a
significant economic impact on a substantial number of small entities.
C. Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with E.O. 13132,
the Director of OPM certifies that this proposed rule does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
D. Civil Justice Reform
This rulemaking meets the applicable standard set forth in section
3(a) and (b)(2) of E.O. 12988.
E. Unfunded Mandates Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits before
issuing any rule that would impose spending costs on State, local, or
tribal governments in the aggregate, or on the private sector, in any 1
year of $100 million in 1995 dollars, updated annually for inflation.
That threshold is currently approximately $206 million. This rulemaking
will not result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, in excess of
the threshold. Thus, no written assessment of unfunded mandates is
required.
F. Paperwork Reduction Act
This rulemaking does not impose any reporting or record-keeping
requirements subject to the Paperwork Reduction Act, as amended (44
U.S.C. Chapter 35).
List of Subjects
5 CFR Part 532
Administrative practice and procedure, Freedom of information,
Government employees, Reporting and recordkeeping requirements, Wages.
5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
Signing Statement
The Director of OPM, Scott Kupor, reviewed and approved this
document and has authorized the undersigned to electronically sign and
submit this document to the Office of the Federal Register for
publication.
Office of Personnel Management.
Jerson Matias,
Federal Register Liaison.
Accordingly, OPM is proposing to amend 5 CFR parts 532 and 550 as
follows:
PART 532--PREVAILING RATE SYSTEMS
0
1. The authority citation for part 532 continues to read as follows:
Authority: 5 U.S.C. 5343, 5346. Sec. 532.707 also issued under 5
U.S.C. 552.
0
2. In appendix A to subpart E of part 532, amend the table by adding a
new activity to the schedule of environmental differentials under
[[Page 19086]]
category ``10. Firefighting'' in the table titled ``Part II--Payment on
Basis of Hours in Pay Status'' to read as follows:
Appendix A to Subpart E of Part 532--Schedule of Environmental
Differentials Paid for Exposure to Various Degrees of Hazards, Physical
Hardships, and Working Conditions of an Unusual Nature
* * * * *
Part II--Payment on Basis of Hours in Pay Status
----------------------------------------------------------------------------------------------------------------
Differential rate (percent) Category for which payable Effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10. Firefighting. Participating or assisting in July 1, 1972.
firefighting operations on the immediate fire
scene and in direct exposure to the hazards
inherent in containing or extinguishing fires.
25................................. High degree....................................
--Fighting forest and range fires on the July 1, 1972.
fireline.
--Participating as a member of a firefighting [The first day of the
crew engaged in activities on the fireline first pay period starting
directly involving the implementation and after the effective date
control of a prescribed wildland fire. of a final rule]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart I--Pay for Duty Involving Physical Hardship or Hazard
0
3. The authority citation for subpart I of part 550 continues to read
as follows:
Authority: 5 U.S.C. 5545(d), 5548(b).
0
4. In Sec. 550.904, paragraph (f) is added to read as follows:
Sec. 550.904 Authorization of hazard pay differential.
* * * * *
(f) The provisions of this section concerning payment of a hazard
pay differential when a hazard or physical hardship is taken into
account in the classification of an employe's position does not apply
to an employee in an occupational series covering positions for which
the primary duties involve the prevention, control, suppression, or
management of wildland fire.
0
5. In appendix A to subpart I of part 550--Schedule of Pay Differential
Authorized for Hazardous Duty Under Subpart I, amend the table by
revising the ``Firefighting'' category in the Hazard Pay Differential
to read as follows:
Appendix A to Subpart I of Part 550--Schedule of Pay Differentials
Authorized for Hazardous Duty Under Subpart I
* * * * *
------------------------------------------------------------------------
Rate of hazard
pay
Duty differential Effective date
(percent)
------------------------------------------------------------------------
* * * * * * *
Firefighting:..................
(1) Forest and range fires. 25 First pay period
Participating as a member beginning after July
of a firefighting crew in 1, 1969.
fighting forest and range
fires on the fireline.
(2) Prescribed wildland 25 [First pay period
fire operations. beginning after the
Participating as a member effective date of a
of a firefighting crew final rule].
engaged in activities on
the fireline directly
involving the
implementation and control
of a prescribed wildland
fire.
(3) Equipment, 25 First pay period
installation, or building beginning after July
fires. Participating as an 1, 1969.
emergency member of a
firefighting crew in
fighting fires of
equipment, installations,
or buildings.
(4) In-water under-pier 25 Do.
firefighting operations.
Participating in in-water
under-pier firefighting
operations (involving
hazards beyond those
normally encountered in
firefighting on land,
e.g., strong currents,
cold water temperature).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-07198 Filed 4-13-26; 8:45 am]
BILLING CODE 6325-39-P
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