S.Amdt. 2493Senate111th Congress (2009-2011)

To provide funds for the Flame Fund.

What it does: 3 changes: replaces text in 2 places, adds a section
Submitted September 22, 2009

What it changes

3 changes to H.R. 2996

Replaces text in 2 placesAdds a section

We couldn't match these changes to the text of H.R. 2996, so they're shown as written.

  1. Change 1: Replaces “$979,637,000” with “$904,637,000”

    ReplacesPage 159, line 25Printed page

    [struck: $979,637,000][inserted: $904,637,000]

    Original wording

    On page 159, line 25, strike “$979,637,000” and insert “$904,637,000”.

  2. Change 2: Replaces “$2,576,637,000” with “$1,817,637,000”

    ReplacesPage 197, line 11Printed page

    [struck: $2,576,637,000][inserted: $1,817,637,000]

    Original wording

    On page 197, line 11, strike “$2,576,637,000” and insert “$1,817,637,000”.

  3. Change 3: Adds SEC. 423. FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION ACTIVITIES on page 240, between lines 13 and 14

    Adds a sectionPrinted page

    Inserted: SEC. 423. FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION ACTIVITIES.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Federal land.--The term "Federal land" means--

    Inserted: (A) public land, as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702);

    Inserted: (B) units of the National Park System;

    Inserted: (C) refuges of the National Wildlife Refuge System;

    Inserted: (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and

    Inserted: (E) land 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)).

    Inserted: (2) Flame fund.--The term "Flame Fund" means the Federal Land Assistance, Management, and Enhancement Fund established by subsection (b).

    Inserted: (3) Secretaries.--The term "Secretaries" means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

    Inserted: (4) Secretary concerned.--The term "Secretary concerned" means--

    Inserted: (A) the Secretary of the Interior, with respect to Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and

    Show 60 more inserted paragraphs

    Inserted: (B) the Secretary of Agriculture, with respect to National Forest System land.

    Inserted: (b) Establishment of Flame Fund.--There is established in the Treasury of the United States a fund to be known as the "Federal Land Assistance, Management, and Enhancement Fund", consisting of--

    Inserted: (1) such amounts as are appropriated to the Flame Fund; and

    Inserted: (2) such amounts as are transferred to the Flame Fund under subsection (d).

    Inserted: (c) Funding.--

    Inserted: (1) Authorization of appropriations.--

    Inserted: (A) In general.--There are authorized to be appropriated to the Flame Fund such amounts as are necessary to carry out this section.

    Inserted: (B) Congressional intent.--It is the intent of Congress that the amounts appropriated to the Flame Fund for each fiscal year should be not less than the combined average amount expended by each Secretary concerned for emergency wildfire suppression activities over the 5 fiscal years preceding the fiscal year for which amounts are appropriated.

    Inserted: (C) Availability.--Amounts appropriated to the Flame Fund shall remain available until expended.

    Inserted: (2) Appropriation.--There is appropriated to the Flame Fund, out of funds of the Treasury not otherwise appropriated, $834,000,000.

    Inserted: (3) Sense of congress on designation of flame fund appropriations as emergency requirement.--It is the sense of Congress that further amounts appropriated to the Flame Fund should be designated as amounts necessary to meet emergency needs.

    Inserted: (4) Notice of insufficient funds.--The Secretaries shall notify the congressional committees described in subsection (h)(2) if the Secretaries estimate that only 60 days worth of funding remains in the Flame Fund.

    Inserted: (d) Transfer of Excess Wildfire Suppression Amounts Into Flame Fund.--At the end of each fiscal year, the Secretary concerned shall transfer to the Flame Fund amounts that--

    Inserted: (1) are appropriated to the Secretary concerned for wildfire suppression activities for the fiscal year; but

    Inserted: (2) are not obligated for wildfire suppression activities before the end of the fiscal year.

    Inserted: (e) Use of Flame Fund.--

    Inserted: (1) In general.--Subject to paragraphs (2), (3), and (4), amounts in the Flame Fund shall be available to the Secretary concerned to pay the costs of emergency wildfire suppression activities that are separate from amounts annually appropriated to the Secretary concerned for routine wildfire suppression activities.

    Inserted: (2) Declaration required.--

    Inserted: (A) In general.--Amounts in the Flame Fund shall be made available to the Secretary concerned only after the Secretaries issue a declaration that a wildfire suppression activity is eligible for funding from the Flame Fund.

    Inserted: (B) Declaration criteria.--A declaration by the Secretaries under subparagraph (A) may be issued only if--

    Inserted: (i) in the case of an individual wildfire incident--

    Inserted: (I) the fire covers 300 or more acres; and

    Inserted: (II) the Secretaries determine 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

    Inserted: (ii) the cumulative costs of wildfire suppression activities for the Secretary concerned have exceeded the amounts appropriated to the Secretary concerned for those activities (not including funds deposited in the Flame Fund).

    Inserted: (3) Transfer of amounts to secretary concerned.--After issuance of a declaration under paragraph (2) and on 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 wildfire suppression activities associated with the declaration.

    Inserted: (4) State, private, and tribal land.--Use of the Flame Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activities on the land.

    Inserted: (f) Treatment of Anticipated and Predicted Activities.--

    Inserted: (1) In general.--Subject to subsection (e)(2)(B)(ii), the Secretary concerned shall continue to fund routine wildfire suppression activities within the appropriate agency budget for each fiscal year.

    Inserted: (2) Congressional intent.--It is the intent of Congress that funding made available through the Flame Fund be used--

    Inserted: (A) to supplement the funding otherwise appropriated to the Secretary concerned; and

    Inserted: (B) only for purposes in, and instances consistent with, this section.

    Inserted: (g) Prohibition on Other Transfers.--Any amounts in the Flame Fund and any amounts appropriated for the purpose of wildfire suppression on Federal land shall be obligated before the Secretary concerned may transfer funds from non-fire accounts for wildfire suppression.

    Inserted: (h) Accounting and Reports.--

    Inserted: (1) Accounting and reporting system.--The Secretaries shall establish an accounting and reporting system for the Flame Fund that is compatible with existing National Fire Plan reporting procedures.

    Inserted: (2) Annual report.--Annually, 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 and make available to the public a report that--

    Inserted: (A) describes the use of amounts from the Flame Fund; and

    Inserted: (B) includes any recommendations that the Secretaries may have to improve the administrative control and oversight of the Flame Fund.

    Inserted: (3) Estimates of wildfire suppression costs to improve budgeting and funding.--

    Inserted: (A) In general.--Consistent with the schedule provided in subparagraph (C), the Secretaries shall submit to the committees described in paragraph (2) an estimate of anticipated wildfire suppression costs for the applicable fiscal year and the subsequent fiscal year.

    Inserted: (B) Peer review.--The methodology for developing the estimates under subparagraph (A) shall be subject to periodic peer review to ensure compliance with subparagraph (D).

    Inserted: (C) Schedule.--The Secretaries shall submit an estimate under subparagraph (A) during--

    Inserted: (i) the first week of February of each year;

    Inserted: (ii) the first week of April of each year;

    Inserted: (iii) the first week of July of each year; and

    Inserted: (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.

    Inserted: (D) Requirements.--An estimate of anticipated wildfire suppression costs shall be developed using the best available--

    Inserted: (i) climate, weather, and other relevant data; and

    Inserted: (ii) models and other analytic tools.

    Inserted: (i) Termination of Authority.--The authority under this section shall terminate at the end of the third fiscal year in which no appropriations to or withdrawals from the Flame Fund have been made for a period of 3 consecutive fiscal years.

    Inserted: SEC. 424. COHESIVE WILDFIRE MANAGEMENT STRATEGY.

    Inserted: (a) Strategy Required.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall submit to Congress a report that contains a cohesive wildfire management strategy, consistent with the recommendations described in recent reports of the Government Accountability Office regarding management strategies.

    Inserted: (b) Elements of Strategy.--The strategy required by subsection (a) shall provide for--

    Inserted: (1) the identification of the most cost-effective means for allocating fire management budget resources;

    Inserted: (2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture;

    Inserted: (3) employing the appropriate management response to wildfires;

    Inserted: (4) assessing the level of risk to communities;

    Inserted: (5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects;

    Inserted: (6) assessing the impacts of climate change on the frequency and severity of wildfire; and

    Inserted: (7) studying the effects of invasive species on wildfire risk.

    Inserted: (c) Revision.--At least once during each 5-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretaries shall revise the strategy submitted under that subsection to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.

    Original wording

    On page 240, between lines 13 and 14, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 159, line 25, strike “$979,637,000” and insert “$904,637,000”.

On page 197, line 11, strike “$2,576,637,000” and insert “$1,817,637,000”.

On page 240, between lines 13 and 14, insert the following:

SEC. 423. FLAME FUND FOR EMERGENCY WILDFIRE SUPPRESSION ACTIVITIES.

(a) Definitions.--In this section:

(1) Federal land.--The term “Federal land” means--

(A) public land, 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) 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 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 subsection (b).

(3) Secretaries.--The term “Secretaries” means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

(4) 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.

(b) Establishment of Flame Fund.--There is established in the Treasury of the United States a fund to be known as the “Federal Land Assistance, Management, and Enhancement Fund”, consisting of--

(1) such amounts as are appropriated to the Flame Fund; and

(2) such amounts as are transferred to the Flame Fund under subsection (d).

(c) Funding.--

(1) Authorization of appropriations.--

(A) In general.--There are authorized to be appropriated to the Flame Fund such amounts as are necessary to carry out this section.

(B) Congressional intent.--It is the intent of Congress that the amounts appropriated to the Flame Fund for each fiscal year should be not less than the combined average amount expended by each Secretary concerned for emergency wildfire suppression activities over the 5 fiscal years preceding the fiscal year for which amounts are appropriated.

(C) Availability.--Amounts appropriated to the Flame Fund shall remain available until expended.

(2) Appropriation.--There is appropriated to the Flame Fund, out of funds of the Treasury not otherwise appropriated, $834,000,000.

(3) Sense of congress on designation of flame fund appropriations as emergency requirement.--It is the sense of Congress that further amounts appropriated to the Flame Fund should be designated as amounts necessary to meet emergency needs.

(4) Notice of insufficient funds.--The Secretaries shall notify the congressional committees described in subsection (h)(2) if the Secretaries estimate that only 60 days worth of funding remains in the Flame Fund.

(d) Transfer of Excess Wildfire Suppression Amounts Into Flame Fund.--At the end of each fiscal year, the Secretary concerned shall transfer to the Flame Fund amounts that--

(1) are appropriated to the Secretary concerned for wildfire suppression activities for the fiscal year; but

(2) are not obligated for wildfire suppression activities before the end of the fiscal year.

(e) Use of Flame Fund.--

(1) In general.--Subject to paragraphs (2), (3), and (4), amounts in the Flame Fund shall be available to the Secretary concerned to pay the costs of emergency wildfire suppression activities that are separate from amounts annually appropriated to the Secretary concerned for routine wildfire suppression activities.

(2) Declaration required.--

(A) In general.--Amounts in the Flame Fund shall be made available to the Secretary concerned only after the Secretaries issue a declaration that a wildfire suppression activity is eligible for funding from the Flame Fund.

(B) Declaration criteria.--A declaration by the Secretaries 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; and

(II) the Secretaries determine 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 activities for the Secretary concerned have exceeded the amounts appropriated to the Secretary concerned for those activities (not including funds deposited in the Flame Fund).

(3) Transfer of amounts to secretary concerned.--After issuance of a declaration under paragraph (2) and on 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 wildfire suppression activities associated with the declaration.

(4) State, private, and tribal land.--Use of the Flame Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activities on the land.

(f) Treatment of Anticipated and Predicted Activities.--

(1) In general.--Subject to subsection (e)(2)(B)(ii), the Secretary concerned shall continue to fund routine wildfire suppression activities within the appropriate agency budget for each fiscal year.

(2) Congressional intent.--It is the intent of Congress that funding made available through the Flame Fund be used--

(A) to supplement the funding otherwise appropriated to the Secretary concerned; and

(B) only for purposes in, and instances consistent with, this section.

(g) Prohibition on Other Transfers.--Any amounts in the Flame Fund and any amounts appropriated for the purpose of wildfire suppression on Federal land shall be obligated before the Secretary concerned may transfer funds from non-fire accounts for wildfire suppression.

(h) Accounting and Reports.--

(1) Accounting and reporting system.--The Secretaries shall establish an accounting and reporting system for the Flame Fund that is compatible with existing National Fire Plan reporting procedures.

(2) Annual report.--Annually, 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 and make available to the public a report that--

(A) describes the use of amounts from the Flame Fund; and

(B) includes any recommendations that the Secretaries 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.--Consistent with the schedule provided in subparagraph (C), the Secretaries shall submit to the committees described in paragraph (2) an estimate of anticipated wildfire suppression costs for the applicable fiscal year and the subsequent fiscal year.

(B) Peer review.--The methodology for developing the estimates under subparagraph (A) shall be subject to periodic peer review to ensure compliance with subparagraph (D).

(C) Schedule.--The Secretaries shall submit an estimate under subparagraph (A) during--

(i) the first week of February of each year;

(ii) the first week of April 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.--The authority under this section shall terminate at the end of the third fiscal year in which no appropriations to or withdrawals from the Flame Fund have been made for a period of 3 consecutive fiscal years.

SEC. 424. COHESIVE WILDFIRE MANAGEMENT STRATEGY.

(a) Strategy Required.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall submit to Congress a report that contains a cohesive wildfire management strategy, consistent with the recommendations described in recent reports of the Government Accountability Office regarding management strategies.

(b) Elements of Strategy.--The strategy required by subsection (a) shall provide for--

(1) the identification of the most cost-effective means for allocating fire management budget resources;

(2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture;

(3) employing the appropriate management response to wildfires;

(4) assessing the level of risk to communities;

(5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects;

(6) assessing the impacts of climate change on the frequency and severity of wildfire; and

(7) studying the effects of invasive species on wildfire risk.

(c) Revision.--At least once during each 5-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretaries shall revise the strategy submitted under that subsection to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.

Legislative Activity

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Floor Latest Action

Senate amendment proposed (on the floor): Amendment SA 2493 proposed by Senator Feinstein for Senator Bingaman.(consideration: CR S9769-9775)

September 24, 2009

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Floor

Senate amendment proposed (on the floor): Amendment SA 2493 proposed by Senator Feinstein for Senator Bingaman.(consideration: CR S9769-9775)

September 24, 2009

Floor

Senate amendment agreed to: Amendment SA 2493 as modified agreed to in Senate by Voice Vote.(text as modified: CR S9774-9775)

September 24, 2009

Floor

Amendment SA 2493 proposed by Senator Feinstein for Senator Bingaman. (consideration: CR S9769-9775) To provide funds for the Flame Fund.

September 24, 2009

Floor

Amendment SA 2493 as modified agreed to in Senate by Voice Vote. (text as modified: CR S9774-9775)

September 24, 2009

Floor

Senate amendment submitted

September 22, 2009