Sec. 102. FLAME Act amendments
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Section 502(d) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(d) ) is amended— in paragraph (1)— by striking shall consist of and all that follows through appropriated to in subparagraph
(A)and inserting shall consist of such amounts as are appropriated to ; and by striking subparagraph (B); and by striking paragraphs
(4)and (5). Section 502(e) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(e) ) is amended by striking paragraphs
(1)and
(2)and inserting the following: Amounts appropriated to a FLAME Fund, in accordance with section 251(b)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(E) ), shall be available to the Secretary concerned for wildfire suppression operations if the Secretary concerned issues a declaration and notifies the relevant congressional committees that a wildfire suppression event is eligible for funding from the FLAME Fund. A declaration by the Secretary concerned under paragraph
(1)may be issued only if— an individual wildfire incident meets the objective indicators of an extraordinary wildfire situation, including— a wildfire that the Secretary concerned determines has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or a resource; a wildfire that covers 1,000 or more acres; or a wildfire that is within 10 miles of an urbanized area (as defined in section 134(b) of title 23, United States Code); or the cumulative costs of wildfire suppression and Federal emergency response activities, as determined by the Secretary concerned, would exceed, within 30 days, all of the amounts otherwise previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response. . Section 502(f) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(f) ) is amended by striking (e)(2)(B)(i) and inserting (e)(2)(A) . Section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a ) is amended by striking subsection
(g)and inserting the following: The Secretary concerned shall not transfer funds provided for activities other than wildfire suppression operations to pay for any wildfire suppression operations. . Section 502(h) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(h) ) is amended by striking paragraphs
(2)and
(3)and inserting the following: Consistent with section 1105(a) of title 31, United States Code, the President shall include in each budget for the Department of Agriculture and the Department of the Interior information on estimates of appropriations for wildfire suppression costs based on an out-year forecast that uses a statistically valid regression model. The estimate of anticipated wildfire suppression costs under subparagraph
(A)shall be developed using the best available— climate, weather, and other relevant data; and models and other analytic tools. The methodology for developing the estimates of wildfire suppression costs under subparagraph
(A)shall be subject to periodic independent review to ensure compliance with subparagraph (B). Consistent with the schedule described in clause
(ii)and in accordance with subparagraphs
(B)and (C), the Secretary concerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an updated estimate of wildfire suppression costs for the applicable fiscal year. The Secretary concerned shall submit the updated estimates under clause
(i)during— March of each year; May of each year; July of each year; and 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, September of each year. Annually, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report that— provides a summary of the amount of appropriations made available during the previous fiscal year, which specifies the source of the amounts and the commitments and obligations made under this section; describes the amounts obligated to individual wildfire events that meet the criteria specified in subsection (e)(2); and includes any recommendations that the Secretary of Agriculture or the Secretary of the Interior may have to improve the administrative control and oversight of the FLAME Fund. .
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