To provide funds for the Flame Fund.

1. 1

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

   ReplacesPage 159, line 25Printed page

   In H.R. 2996 · Reported to Senate

   (including transfers of funds)

   For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department of the Interior, [struck: $979,637,000][inserted: $904,637,000], to remain available until expended, of which not to exceed $6,137,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training and monitoring associated with such hazardous fuels reduction activities, on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non- Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109-154), or related partnerships with State, local, or non-profit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this head may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $10,000,000, between the Departments when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions.

   central hazardous materials fund

   Original wording

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

2. 2

   Change 2: Replaces “$2,586,637,000” with “$1,827,637,000”

   ReplacesPage 197, line 11Printed page

   In H.R. 2996 · Reported to Senate

   (including transfers of funds)

   For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and for emergency rehabilitation of burned-over National Forest System lands and water, [struck: $2,586,637,000][inserted: $1,827,637,000], to remain available until expended: Provided, That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That, notwithstanding any other provision of law, $8,000,000 of funds appropriated under this appropriation shall be used for Fire Science Research in support of the Joint Fire Science Program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels reduction activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $350,285,000 is for hazardous fuels reduction activities, $11,500,000 is for rehabilitation and restoration, $23,917,000 is for research activities and to make competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), $56,250,000 is for State fire assistance, $9,000,000 is for volunteer fire assistance, $17,252,000 is for forest health activities on Federal lands and $9,928,000 is for forest health activities on State and private lands: Provided further, That amounts in this paragraph may be transferred to the "State and Private Forestry", "National Forest System", and "Forest and Rangeland Research" accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland research, the Joint Fire Science Program, vegetation and watershed management, heritage site rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That up to $15,000,000 of the funds provided under this heading for hazardous fuels treatments may be transferred to and made a part of the "National Forest System" account at the sole discretion of the Chief of the Forest Service 30 days after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That in addition to funds provided for State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry Appropriation, up to $15,000,000 may be used on adjacent non-Federal lands for the purpose of protecting communities when hazard reduction activities are planned on national forest lands that have the potential to place such communities at risk: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106-393, title VI, shall be available for use on non-Federal lands in accordance with authorities available to the Forest Service under the State and Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $10,000,000, between the Departments when such transfers would facilitate and expedite jointly funded wildland fire management programs and projects: Provided further, That of the funds provided for hazardous fuels reduction, not to exceed $10,000,000, may be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from national forest lands: Provided further, That funds designated for wildfire suppression shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs.

   administrative provisions, forest service

   Original wording

   On page 197, line 11, strike“ $2,586,637,000” and insert “$1,827,637,000”.

3. 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 62 more inserted paragraphsShow less

   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--

   Inserted: (A) further amounts appropriated to the Flame Fund should be designated as amounts necessary to meet emergency needs; and

   Inserted: (B) the new budget authority and outlays resulting from the appropriations should not be considered for the purposes of titles III and IV of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.).

   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