43 USC 1748a - FLAME Wildfire Suppression Reserve Funds

U.S Code last checked for updates: May 02, 2024

§ 1748a.

FLAME Wildfire Suppression Reserve Funds

(a)

Definitions

In this section:

(1)

Federal land

The term “Federal land” means—

(A)

public land, as defined in section 1702 of this title;

(B)

units of the National Park System;

(C)

refuges of the National Wildlife Refuge System;

(D)

land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and

(E)

land in the National Forest System, as defined in section 1609(a) of title 16.

(2)

FLAME Fund

(3)

Relevant congressional committees

(4)

Secretary concerned

The term “Secretary concerned” means—

(A)

the Secretary of the Interior, with respect to—

(i)

Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and

(ii)

the FLAME Fund established for the Department of the Interior; and

(B)

the Secretary of Agriculture, with respect to—

(i)

National Forest System land; and

(ii)

the FLAME Fund established for the Department of the Agriculture.

(b)

Establishment of FLAME Funds

There is established in the Treasury of the United States the following accounts:

(1)

The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior.

(2)

The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.

(c)

Purpose of FLAME Funds

(d)

Funding

(1)

Credits to funds

A FLAME Fund shall consist of the following:

(A)

Such amounts as are appropriated to that FLAME Fund.

(B)

Such amounts as are transferred to that FLAME Fund under paragraph (5).

(2)

Authorization of appropriations

(A)

Authorization of appropriations

(B)

Congressional intent

(C)

Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression funding

It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter—

(i)

amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs;

(ii)

the Secretary concerned should promptly make a supplemental request for additional funds to replenish the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 30 days; and

(iii)

funding made available through the FLAME Fund should be used to supplement the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts.

(3)

Availability

(4)

Notice of insufficient funds

(5)

Transfer authority

(e)

Use of FLAME Fund

(1)

In general

(2)

Declaration required

(A)

In general

(B)

Declaration criteria

A declaration by the Secretary concerned under subparagraph (A) may be issued only if—

(i)

in the case of an individual wildfire incident—

(I)

the fire covers 300 or more acres; or

(II)

the Secretary concerned determines that the fire has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or resources; or

(ii)

the cumulative costs of wildfire suppression and Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response.

(3)

State, private, and tribal land

(f)

Treatment of anticipated and predicted activities

(g)

Prohibition on other transfers

(h)

Accounting and reports

(1)

Accounting and reporting requirements

(2)

Annual report

The Secretary concerned shall submit to the relevant congressional committees and make available to the public an annual report that—

(A)

describes the obligation and expenditure of amounts transferred from the FLAME Fund; and

(B)

includes any recommendations that the Secretary concerned may have to improve the administrative control and oversight of the FLAME Fund.

(3)

Estimates of wildfire suppression costs to improve budgeting and funding

(A)

In general

(B)

Independent review

(C)

Schedule

The Secretary concerned shall submit an estimate under subparagraph (A) during—

(i)

the first week of March of each year;

(ii)

the first week of May of each year;

(iii)

the first week of July of each year; and

(iv)

if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, the first week of September of each year.

(D)

Requirements

An estimate of anticipated wildfire suppression costs shall be developed using the best available—

(i)

climate, weather, and other relevant data; and

(ii)

models and other analytic tools.

(i)

Termination of authority

(Pub. L. 111–88, div. A, title V, § 502, Oct. 30, 2009, 123 Stat. 2968.)

cite as: 43 USC 1748a