43 U.S.C. § 1748a — FLAME Wildfire Suppression Reserve Funds

(a) “Federal land” means public land under section 1702, National Park System units, National Wildlife Refuge System refuges, land held in trust for Indian tribes or members, and National Forest System land under section 1609(a) of title 16. “FLAME Fund” means a fund established under (b). “Relevant congressional committees” are the listed House Appropriations, Natural Resources, and Agriculture Committees and Senate Appropriations, Energy and Natural Resources, and Indian Affairs Committees. “Secretary concerned” means the Interior Secretary for the first four land categories and Interior FLAME Fund, and the Agriculture Secretary for National Forest land and Agriculture FLAME Fund. (b) The Treasury must contain an Interior FLAME Wildfire Suppression Reserve Fund and an Agriculture FLAME Wildfire Suppression Reserve Fund. (c) The funds cover large or complex wildfires and serve as reserves after Wildland Fire Management wildfire-suppression and Federal-emergency-response appropriations are exhausted. (d) Funds contain appropriations and transfers. Congress authorizes necessary appropriations; for 2011 and later, requested amounts should generally be at least the Secretary’s estimate for qualifying suppression. Excess amounts should be designated for emergency needs; if exhaustion is expected within 30 days, the Secretary should request replenishment; and FLAME money should supplement regular appropriations. Money remains available until spent. The Secretary must notify the committees when only 60 days remain. The other fund may transfer money to an insufficient fund, up to $100,000,000 per fiscal year. (e) Subject to this subsection, money may be transferred to the Secretary’s Wildland Fire Management account for qualifying suppression separate from annual amounts. A transfer requires a declaration. For one fire, the fire must cover at least 300 acres or the Secretary must find an emergency Federal response is needed because of complexity, severity, or threat to life, property, or resources. Alternatively, the Secretary’s cumulative suppression and emergency-response costs must be expected within 30 days to exceed all previously appropriated amounts, excluding FLAME money. Use on State, private, or tribal land must follow existing agreements assigning suppression responsibility. (f) Beginning in fiscal year 2011, the Secretary must request regular-account money for anticipated suppression that does not meet the individual-fire criteria. (g) Non-fire money cannot be transferred to the Wildland Fire Management account unless the Secretary’s FLAME fund and other suppression money will be exhausted within 30 days. (h) The Secretary must account and report consistently with National Fire Plan procedures and annually tell the committees and public about transfers’ obligations, spending, and recommendations. The Secretary must also estimate anticipated costs in the first week of March, May, and July, and in the first week of September if the next-year Interior and Forest Service appropriation has not passed by September 1. The method must receive periodic independent review and use the best available climate, weather, other relevant data, models, and analytical tools. (i) Authority to use a fund ends after the third fiscal year in which no appropriation or withdrawal has occurred for three consecutive fiscal years. Remaining money then goes to that Secretary’s Wildland Fire Management account.