---
kind: "section"
citation: "43 U.S.C. § 1748a"
title: "43"
title_heading: "Public Lands"
number: "1748a"
heading: "FLAME Wildfire Suppression Reserve Funds"
release: "119-102"
url: "https://uscodex.org/usc/43/1748a"
units:
  - "Chapter 35 — Federal Land Policy and Management"
  - "Subchapter III — Administration"
---

# §1748a. FLAME Wildfire Suppression Reserve Funds

- (a) **Definitions—** In this section:
  - (1) **Federal land—** The term “Federal land” means—
    - (A) [public land](/usc/43/1748c.md?p=a-3), as defined in [section 1702 of this title](/usc/43/1702.md);
    - (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 1609(a) of title 16](/usc/16/1609.md?p=a).
  - (2) **FLAME Fund—** The term “FLAME Fund” means a FLAME Wildfire Suppression Reserve [Fund](/usc/43/1602.md?p=k) established by [subsection (b)](#b).
  - (3) **Relevant congressional committees—** The term “relevant congressional committees” means the [Committee](/usc/43/2801.md?p=2) on Appropriations, the [Committee](/usc/43/2801.md?p=2) on Natural Resources, and the [Committee](/usc/43/2801.md?p=2) on Agriculture of the House of Representatives and the [Committee](/usc/43/2801.md?p=2) on Appropriations, the [Committee](/usc/43/2801.md?p=2) on Energy and Natural Resources, and the [Committee](/usc/43/2801.md?p=2) on Indian Affairs of the Senate.
  - (4) **Secretary concerned—** The term “Secretary concerned” means—
    - (A) the [Secretary](/usc/43/1702.md?p=g) of the Interior, with respect to—
      - (i) [Federal land](#a-1) described in subparagraphs [(A)](#a-1-A), [(B)](#a-1-B), [(C)](#a-1-C), and [(D)](#a-1-D) of paragraph (1); and
      - (ii) the [FLAME Fund](#a-2) established for the [Department](/usc/43/1702.md?p=m) of the Interior; and
    - (B) the [Secretary](/usc/43/1702.md?p=g) of Agriculture, with respect to—
      - (i) National Forest System land; and
      - (ii) the [FLAME Fund](#a-2) established for the [Department](/usc/43/1702.md?p=m) of the Agriculture.
- (b) **Establishment of FLAME Funds—** There is established in the Treasury of the United States the following accounts:
  - (1) The FLAME Wildfire Suppression Reserve [Fund](/usc/43/1602.md?p=k) for the [Department](/usc/43/1702.md?p=m) of the Interior.
  - (2) The FLAME Wildfire Suppression Reserve [Fund](/usc/43/1602.md?p=k) for the [Department](/usc/43/1702.md?p=m) of Agriculture.
- (c) **Purpose of FLAME Funds—** The [FLAME Funds](#a-2) shall be available to cover the costs of large or complex wildfire events and as a reserve when amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts are exhausted.
- (d) **Funding—**
  - (1) **Credits to funds—** A [FLAME Fund](#a-2) shall consist of the following:
    - (A) Such amounts as are appropriated to that [FLAME Fund](#a-2).
    - (B) Such amounts as are transferred to that [FLAME Fund](#a-2) under [paragraph (5)](#d-5).
  - (2) **Authorization of appropriations—**
    - (A) **Authorization of appropriations—** There are authorized to be appropriated to the [FLAME Funds](#a-2) such amounts as are necessary to carry out this section.
    - (B) **Congressional intent—** It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a [FLAME Fund](#a-2) should be not less than the amount estimated by the [Secretary concerned](#a-4) as the amount necessary for that fiscal year for wildfire suppression activities of the [Secretary](/usc/43/1702.md?p=g) that meet the criteria specified in [subsection (e)(2)(B)(i)](#e-2-B-i).
    - (C) **Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression funding—** It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter—
      - (i) amounts appropriated to a [FLAME Fund](#a-2) in excess of the amount estimated by the [Secretary concerned](#a-4) as the amount necessary for that fiscal year for wildfire suppression activities of the [Secretary](/usc/43/1702.md?p=g) that meet the criteria specified in [subsection (e)(2)(B)(i)](#e-2-B-i) should be designated as amounts necessary to meet emergency needs;
      - (ii) the [Secretary concerned](#a-4) should promptly make a supplemental request for additional [funds](/usc/43/1602.md?p=k) to replenish the [FLAME Fund](#a-2) if the [Secretary](/usc/43/1702.md?p=g) determines that the [FLAME Fund](#a-2) will be exhausted within 30 days; and
      - (iii) funding made available through the [FLAME Fund](#a-2) should be used to supplement the funding otherwise appropriated to the [Secretary concerned](#a-4) for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts.
  - (3) **Availability—** Amounts in a [FLAME Fund](#a-2) shall remain available to the [Secretary concerned](#a-4) until expended.
  - (4) **Notice of insufficient funds—** The [Secretary concerned](#a-4) shall notify the [relevant congressional committees](#a-3) if the [Secretary](/usc/43/1702.md?p=g) estimates that only 60 days worth of [funds](/usc/43/1602.md?p=k) remain in the [FLAME Fund](#a-2) administered by that [Secretary](/usc/43/1702.md?p=g).
  - (5) **Transfer authority—** If a [FLAME Fund](#a-2) has insufficient [funds](/usc/43/1602.md?p=k), the [Secretary concerned](#a-4) administering the other [FLAME Fund](#a-2) may transfer amounts to the [FLAME Fund](#a-2) with insufficient [funds](/usc/43/1602.md?p=k). Not more than $100,000,000 may be transferred from a [FLAME Fund](#a-2) during any fiscal year under this authority.
- (e) **Use of FLAME Fund—**
  - (1) **In general—** Subject to paragraphs [(2)](#e-2) and [(3)](#e-3), amounts in a [FLAME Fund](#a-2) shall be available to the [Secretary concerned](#a-4) to transfer to the Wildland Fire Management appropriation account of that [Secretary](/usc/43/1702.md?p=g) to pay the costs of wildfire suppression activities of that [Secretary](/usc/43/1702.md?p=g) that are separate from amounts for wildfire suppression activities annually appropriated to that [Secretary](/usc/43/1702.md?p=g) under the Wildland Fire Management appropriation account of that [Secretary](/usc/43/1702.md?p=g).
  - (2) **Declaration required—**
    - (A) **In general—** Amounts in a [FLAME Fund](#a-2) shall be available for transfer under [paragraph (1)](#e-1) only after that [Secretary concerned](#a-4) issues a declaration that a wildfire suppression event is eligible for funding from the [FLAME Fund](#a-2).
    - (B) **Declaration criteria—** A declaration by the [Secretary concerned](#a-4) under [subparagraph (A)](#e-2-A) may be issued only if—
      - (i) in the case of an individual wildfire incident—
        - (I) the fire covers 300 or more acres; or
        - (II) the [Secretary concerned](#a-4) determines 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 and Federal emergency response activities for the [Secretary concerned](#a-4) will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the [FLAME Fund](#a-2)) to the [Secretary concerned](#a-4) for wildfire suppression and Federal emergency response.
  - (3) **State, private, and tribal land—** Use of a [FLAME Fund](#a-2) for emergency wildfire suppression activities on [State](/usc/43/31b.md?p=8) land, private land, and tribal land shall be consistent with any existing agreements in which the [Secretary concerned](#a-4) has agreed to assume responsibility for wildfire suppression activities on the land.
- (f) **Treatment of anticipated and predicted activities—** For fiscal year 2011 and subsequent fiscal years, the [Secretary concerned](#a-4) shall request [funds](/usc/43/1602.md?p=k) within the Wildland Fire Management appropriation account of that [Secretary](/usc/43/1702.md?p=g) for regular wildfire suppression activities that do not meet the criteria specified in [subsection (e)(2)(B)(i)](#e-2-B-i).
- (g) **Prohibition on other transfers—** The [Secretary concerned](#a-4) may not transfer [funds](/usc/43/1602.md?p=k) from non-fire accounts to the Wildland Fire Management appropriation account of that [Secretary](/usc/43/1702.md?p=g) unless amounts in the [FLAME Fund](#a-2) of that [Secretary](/usc/43/1702.md?p=g) and any amounts appropriated to that [Secretary](/usc/43/1702.md?p=g) for the purpose of wildfire suppression will be exhausted within 30 days.
- (h) **Accounting and reports—**
  - (1) **Accounting and reporting requirements—** The [Secretary concerned](#a-4) shall account and report on amounts transferred from the respective [FLAME Fund](#a-2) in a manner that is consistent with existing National Fire Plan reporting procedures.
  - (2) **Annual report—** The [Secretary concerned](#a-4) shall submit to the [relevant congressional committees](#a-3) and make available to the public an annual report that—
    - (A) describes the obligation and expenditure of amounts transferred from the [FLAME Fund](#a-2); and
    - (B) includes any recommendations that the [Secretary concerned](#a-4) may have to improve the administrative control and oversight of the [FLAME Fund](#a-2).
  - (3) **Estimates of wildfire suppression costs to improve budgeting and funding—**
    - (A) **In general—** Consistent with the schedule provided in [subparagraph (C)](#h-3-C), the [Secretary concerned](#a-4) shall submit to the [relevant congressional committees](#a-3) an estimate of anticipated wildfire suppression costs for the applicable fiscal year.
    - (B) **Independent review—** The methodology for developing the estimates under [subparagraph (A)](#h-3-A) shall be subject to periodic independent review to ensure compliance with [subparagraph (D)](#h-3-D).
    - (C) **Schedule—** The [Secretary concerned](#a-4) shall submit an estimate under [subparagraph (A)](#h-3-A) during—
      - (i) the first week of March of each year;
      - (ii) the first week of May of each year;
      - (iii) the first week of July of each year; and
      - (iv) if a bill making appropriations for the [Department](/usc/43/1702.md?p=m) 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 of the [Secretary concerned](#a-4) to use the [FLAME Fund](#a-2) established for that [Secretary](/usc/43/1702.md?p=g) shall terminate at the end of the third fiscal year in which no appropriations to, or [withdrawals](/usc/43/1702.md?p=j) from, that [FLAME Fund](#a-2) have been made for a period of three consecutive fiscal years. Upon termination of such authority, any amounts remaining in the affected [FLAME Fund](#a-2) shall be transferred to, and made a part of, the Wildland Fire Management appropriation account of the [Secretary concerned](#a-4) for wildland suppression activities.

## Source credit

(Pub. L. 111–88, div. A, title V, § 502, Oct. 30, 2009, 123 Stat. 2968.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.