[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5541 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5541
To provide a supplemental funding source for catastrophic emergency
wildland fire suppression activities on Department of the Interior and
National Forest System lands, to require the Secretary of the Interior
and the Secretary of Agriculture to develop a cohesive wildland fire
management strategy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2008
Mr. Rahall (for himself, Mr. Grijalva, and Mr. Dicks) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Agriculture and Budget,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide a supplemental funding source for catastrophic emergency
wildland fire suppression activities on Department of the Interior and
National Forest System lands, to require the Secretary of the Interior
and the Secretary of Agriculture to develop a cohesive wildland fire
management strategy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Assistance, Management
and Enhancement Act'' or ``FLAME Act''.
SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
following:
(A) Public lands, as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702).
(B) Units of the National Park System.
(C) Refuges of the National Wildlife Refuge System.
(D) Lands held in trust by the United States for
the benefit of Indian tribes or individual Indians.
(E) Lands in the National Forest System, as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) Flame fund.--The term ``Flame Fund'' means the Federal
Land Assistance, Management, and Enhancement Fund established
by this section.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land described in subparagraphs (A), (B), (C),
and (E) of paragraph (1); and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(b) Establishment and Availability of Flame Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Federal Land
Assistance, Management, and Enhancement Fund.
(2) Contents.--The Flame Fund shall consist of the
following amounts:
(A) Amounts appropriated to the Flame Fund pursuant
to the authorization of appropriations in subsection
(c).
(B) Amounts transferred to the Flame Fund pursuant
to subsection (d).
(C) Any interest earned on investment of amounts in
the Flame Fund under paragraph (4).
(3) Availability.--Subject to subsection (e), amounts in
the Flame Fund shall be available to the Secretaries to pay the
costs of catastrophic emergency wildland fire suppression
activities that are separate from amounts annually appropriated
to the Secretaries for the predicted annual workload for
wildland fire suppression activities, based on analyses of
historical workloads and anticipated increased workloads due to
changing environmental or demographic conditions.
(4) Investment authority.--The Secretary of the Treasury
shall invest such portion of the assets of the Flame Fund as
the Secretary of the Treasury determines is not required to
meet anticipated withdrawals during the then-current fiscal
year or the next fiscal year. Investments may be made only in
interest-bearing obligations of the United States.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Flame Fund for fiscal year 2009 and
each subsequent fiscal year an amount equal to the average
amount expended by the Secretaries for emergency wildland fire
suppression activities over the five preceding fiscal years.
(2) Emergency designation.--Amounts appropriated to the
Flame Fund for fiscal year 2009 are designated as an emergency
requirement pursuant to section 501 of H. Con. Res. 376 (109th
Congress), as made applicable to the House of Representatives
by section 511(a)(4) of H. Res. 6 (110th Congress), and for
subsequent fiscal years pursuant to corresponding congressional
resolutions authorizing the designation of emergency spending.
(d) Transfer of Excess Wildland Fire Suppression Amounts Into Flame
Fund.--At the end of each fiscal year, the Secretary concerned shall
transfer to the Flame Fund amounts appropriated to the Secretary
concerned for wildland fire suppression activities for the fiscal year,
but not obligated for wildland fire suppression activities before the
end of the fiscal year.
(e) Use of Flame Fund.--
(1) Declaration required.--Amounts in the Flame Fund shall
be made available to the Secretary concerned only after the
Secretaries issue a declaration that a wildland fire
suppression activity is eligible for funding through the Flame
Fund.
(2) Declaration criteria.--A declaration by the Secretaries
under paragraph (1) shall be based on the following criteria:
(A) In the case of an individual wildland fire
incident--
(i) the size of the fire, including fires
of 300 acres or greater;
(ii) the severity of the fire, which may be
based on incident complexity or the potential
for increased complexity; and
(iii) the threat posed by the fire,
including the potential for loss of lives,
property, or critical resources.
(B) In the case of a firefighting season,
cumulative wildland fire suppression activities, when
the costs of those activities for the Secretary
concerned are projected to exceed amounts annually
appropriated.
(3) Transfer of amounts to secretary concerned.--After
issuance of a declaration under paragraph (1) and upon the
request of the Secretary concerned, the Secretary of the
Treasury shall transfer from the Flame Fund to the Secretary
concerned such amounts as the Secretaries determine are
necessary for wildland fire suppression activities associated
with the declared suppression emergency.
(4) State, private, and tribal land.--Use of the Flame Fund
for catastrophic emergency wildland fire suppression activities
on State and private land and, where applicable, tribal land
shall be consistent with existing agreements where the
Secretaries have agreed to assume responsibility for wildland
fire suppression activities on the land.
(f) Treatment of Anticipated and Predicted Activities.--
Notwithstanding the establishment of the Flame Fund, the Secretary
concerned shall continue to fund anticipated and predicted wildland
fire suppression activities within the appropriate agency budget for
each fiscal year. Use of the additional funding made available through
the Flame Fund is intended to supplement the budgeted and appropriated
agency funding and is to be used only for purposes and in instances
consistent with this section.
(g) Prohibition on Other Transfers.--All amounts in the Flame Fund,
as well as all funds appropriated for the purpose of wildland fire
suppression on Federal land, must be obligated before the Secretary
concerned may transfer funds from non-fire accounts for wildland fire
suppression.
(h) Accounting and Reports.--
(1) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Flame Fund
compatible with existing National Fire Plan reporting
procedures.
(2) Annual report.--The Secretaries shall submit to the
Committee on Natural Resources and the Committee on
Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources, the Committee on
Indian Affairs, and the Committee on Appropriations of the
Senate an annual report on the use of the funds from the Flame
Fund, together with any recommendations that the Secretaries
may have to improve the administrative control and oversight of
the Flame Fund.
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a report that
contains a cohesive wildland fire management strategy, consistent with
the recommendations contained in recent Comptroller General reports
regarding this issue.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall address the findings of the Comptroller General in the reports
referred to in such subsection and include the following elements:
(1) A system to identify the most cost effective means for
allocating fire management budget resources.
(2) An illustration of plans by the Secretary of the
Interior and the Secretary of Agriculture to reinvest in non-
fire programs.
(3) A description of how the Secretaries will employ
appropriate management response.
(4) A system for assessing the level of risk to
communities.
(5) A system to ensure that the highest priority fuels
reduction projects are being funded first.
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