[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5541 Referred in Senate (RFS)]

  2d Session
                                H. R. 5541


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 10 (legislative day, July 9), 2008

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
  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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Land 
Assistance, Management and Enhancement Act'' or ``FLAME Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Flame Fund for catastrophic emergency wildland fire suppression 
                            activities.
Sec. 3. Cohesive wildland fire management strategy.
Sec. 4. Review of certain wildfires to evaluate cost containment in 
                            wildland fire suppression activities.
Sec. 5. Reducing risk of wildfires in fire-ready communities.

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 (D) 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).
            (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.
    (c) Authorization of Appropriations.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to the Flame Fund such funds as may be 
        necessary to carry out this section. It is the intent of 
        Congress that the amount appropriated to the Flame Fund for 
        fiscal year 2009 and each subsequent fiscal year equal the 
        average amount expended by the Secretaries for emergency 
        wildland fire suppression activities over the five fiscal years 
        preceding that fiscal year.
            (2) Sense of congress on designation of certain 
        appropriations as emergency requirement.--It is the sense of 
        Congress that the amounts appropriated to the Flame Fund that 
        are above the average of the obligations of the preceding 10 
        years for wildland fire suppression in the Forest Service and 
        the Department of the Interior, adjusted for inflation, should 
        be designated as amounts necessary to meet emergency needs, and 
        the new budget authority and outlays resulting therefrom should 
        not count for the purposes of titles III and IV of the 
        Congressional Budget Act of 1974.
            (3) Notice of insufficient funds.--The Secretaries shall 
        notify the congressional committees specified in subsection 
        (h)(2) whenever only an estimated two months worth of funding 
        remains in the Flame Fund.
    (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 fire covers 300 or more acres;
                            (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) Consistent with subsection (f), 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.--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, the Committee on Agriculture, 
        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.
            (3) Public availability.--The annual report required by 
        paragraph (2) shall be made available to the public.

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.
    (c) Notice of Prescribed Fires.--As part of the strategy required 
by subsection (a) for the Forest Service, the Secretary of Agriculture 
shall ensure that, before any prescribed fire is used on National 
Forest System land, owners of adjacent private land are notified in 
writing of the date and scope of the proposed prescribed fire.

SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST CONTAINMENT IN 
              WILDLAND FIRE SUPPRESSION ACTIVITIES.

    (a) Review Required.--The Secretary of the Interior and the 
Secretary of Agriculture shall conduct a review, using independent 
panels, of each wildfire incident for which the Secretary concerned 
incurs expenses in excess of $10,000,000.
    (b) Report.--The Secretary concerned shall submit to the Committee 
on Natural Resources, the Committee on Agriculture, 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 a report containing the 
results of each review conducted under subsection (a).

SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.

    (a) Fire-Ready Community Defined.--In this section, the term 
``fire-ready community'' means a community that--
            (1) is located within a priority area identified pursuant 
        to subsection (b);
            (2) has a cooperative fire agreement that articulates the 
        roles and responsibilities for Federal, State and local 
        government entities in local wildfire suppression and 
        protection;
            (3) has local codes that require fire-resistant home design 
        and building materials;
            (4) has a community wildfire protection plan (as defined in 
        section 101 of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6502)); and
            (5) is engaged in a successful collaborative process that 
        includes multiple interested persons representing diverse 
        interests and is transparent and nonexclusive, such as a 
        resource advisory committee established under section 205 of 
        the Secure Rural Schools and Community Self-Determination Act 
        of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
    (b) Fire Risk Mapping.--As soon as is practicable after the date of 
the enactment of this Act, the Secretary of Agriculture and the 
Secretary of the Interior (in this section referred to as the 
``Secretaries'') shall develop regional maps of communities most at 
risk of wildfire and in need of hazardous fuel treatment and 
maintenance. The maps shall identify priority areas for hazardous fuels 
reduction projects, including--
            (1) at-risk communities in fire-prone areas of the 
        wildland-urban interface (as defined in section 101 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502));
            (2) watersheds and municipal drinking water sources;
            (3) emergency evacuation corridors;
            (4) electricity transmission corridors; and
            (5) low-capacity or low-income communities.
    (c) Local Wildland Firefighting Capability Grants.--
            (1) Grants available.--The Secretaries may provide cost-
        share grants to fire-ready communities to assist such 
        communities in carrying activities authorized by paragraph (2).
            (2) Eligible activities.--Grant funds may be used for the 
        following:
                    (A) Education programs to raise awareness of 
                homeowners and citizens about wildland fire protection 
                practices, including FireWise or similar programs.
                    (B) Training programs for local firefighters on 
                wildland firefighting techniques and approaches.
                    (C) Equipment acquisition to facilitate wildland 
                fire preparedness.
                    (D) Implementation of a community wildfire 
                protection plan.
    (d) Wildland Fire Cost-Share Agreements.--In developing any 
wildland fire cost-share agreement with a State Forester or equivalent 
official, the Secretaries shall, to the greatest extent possible, 
encourage the State and local communities involved to become fire-ready 
communities.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretaries to carry out this section such sums as 
may be necessary.

            Passed the House of Representatives July 9, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.