IIB 
111TH CONGRESS 
1ST SESSION H. R. 1404 
IN THE SENATE OF THE UNITED STATES 
MARCH 26, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To authorize a supplemental funding source for catastrophic 
emergency wildland fire suppression activities on Depart-
ment 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 man-
agement strategy, and for other purposes. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
Be it enacted by the Senate and House of Representa-
tives 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 Enhance-
ment 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 activi-
ties. 
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 Ref-
uge System. 
(D) Lands held in trust by the United 
States for the benefit of Indian tribes or indi-
vidual Indians. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(2) CONTENTS.—The Flame Fund shall consist 
of the following amounts: 
(A) Amounts appropriated to the Flame 
Fund pursuant to the authorization of appro-
priations 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 emer-
gency 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 anal-
yses of historical workloads and anticipated in-
creased workloads due to changing environmental or 
demographic conditions. Authorized suppression ac-
tivities include containment activities in response to 
crisis insect infestations to reduce the likelihood of 
wildfires. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Flame 
Fund such amounts as may be necessary to carry 
out this section. It is the intent of Congress that the 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
amount appropriated to the Flame Fund for fiscal 
year 2010 and each fiscal year thereafter should be 
not less than the average amount expended by the 
Secretaries for emergency wildland fire suppression 
activities over the five fiscal years preceding that fis-
cal year. 
(2) NOTICE
OF
INSUFFICIENT
FUNDS.—The 
Secretaries shall notify the congressional committees 
specified in subsection (h)(2) whenever only an esti-
mated two months worth of funding remains in the 
Flame Fund. 
(d) TRANSFER OF EXCESS WILDLAND FIRE SUP-
PRESSION 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 declara-
tion that a wildland fire suppression activity is eligi-
ble for funding from the Flame Fund. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(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 po-
tential for increased complexity; and 
(iii) the threat posed by the fire, in-
cluding the potential for loss of lives, prop-
erty, or critical resources. 
(B) Consistent with subsection (f), in the 
case of a firefighting season, when the cumu-
lative costs of wildland fire suppression activi-
ties for the Secretary concerned are projected to 
exceed amounts annually appropriated for such 
activities. 
(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 trans-
fer from the Flame Fund to the Secretary concerned 
such amounts as the Secretaries determine are nec-
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
essary for wildland fire suppression activities associ-
ated 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 pri-
vate land and, where applicable, tribal land shall be 
consistent with existing agreements where the Secre-
taries have agreed to assume responsibility for 
wildland fire suppression activities on the land. 
(5) EFFECT
OF
INSECT
INFESTATIONS.—For 
purposes of applying clauses (ii) and (iii) of para-
graph (2)(A), the Secretaries shall take into account 
areas where insect infestation has created an ex-
treme risk for wildfire. 
(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 appro-
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
priated for the purpose of wildland fire suppression on 
Federal land, must be obligated before the Secretary con-
cerned 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 re-
porting system for the Flame Fund compatible with 
existing National Fire Plan reporting procedures. 
(2) ANNUAL REPORT; PUBLIC AVAILABILITY.— 
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 rec-
ommendations that the Secretaries may have to im-
prove the administrative control and oversight of the 
Flame Fund. The annual report shall be made avail-
able to the public. 
(3) ESTIMATES
OF
WILDFIRE
SUPPRESSION 
COSTS TO IMPROVE BUDGETING AND FUNDING.— 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(A) 
PERIODIC
ESTIMATES.—Consistent 
with the schedule provided in subparagraph 
(B), the Secretaries shall submit to the commit-
tees specified in paragraph (2) an estimate of 
anticipated wildfire suppression costs for the 
current fiscal year and the following fiscal year. 
The methodology for developing the estimates 
shall be subject to periodic peer review to en-
sure compliance with subparagraph (C). 
(B) SUBMISSION SCHEDULE.—The Secre-
taries shall submit an estimate under subpara-
graph (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 the bill making appropriations 
for operations of the Department of the 
Interior and the Forest Service for the fol-
lowing fiscal year has not been enacted by 
September 1, the first week of September 
of each year. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(C) BASIS.—An estimate of anticipated 
wildfire suppression costs shall be developed 
using the best available— 
(i) climate, weather, and other rel-
evant data; and 
(ii) models and other analytic tools. 
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRAT-
EGY. 
(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 sub-
mit to Congress a report that contains a cohesive wildland 
fire management strategy, consistent with the rec-
ommendations contained in recent Comptroller General re-
ports regarding this issue. 
(b) ELEMENTS
OF STRATEGY.—The strategy re-
quired by subsection (a) shall address the findings of the 
Comptroller General in the reports referred to in such sub-
section and include the following elements: 
(1) A system to identify the most cost effective 
means for allocating fire management budget re-
sources. 
(2) An illustration of plans by the Secretary of 
the Interior and the Secretary of Agriculture to rein-
vest in non-fire programs. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(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. 
(6) A system to assess the impacts of climate 
change on the frequency and severity of wildland 
fire. 
(7) A system to study the effects of invasive 
species on wildland fire risk. 
(8) A plan, developed in coordination with the 
National Guard Bureau, to maximize the use of Na-
tional Guard resources to fight wildfires. 
(c) REVISION.—At least once during every five-year 
period initially beginning on the date of the submission 
of the cohesive wildland fire management strategy under 
subsection (a),the Secretary of the Interior and the Sec-
retary of Agriculture shall submit to Congress a revised 
strategy that takes into consideration changes affecting 
the elements of the strategy specified in subsection (b) 
during the five-year period, in particular changes with re-
spect to landscape, vegetation, climate, and weather. 
(d) NOTICE OF PRESCRIBED FIRES.—As part of the 
strategy required by subsection (a) for the Forest Service, 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
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 prescribed fire. 
SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE 
COST CONTAINMENT IN WILDLAND FIRE SUP-
PRESSION ACTIVITIES. 
(a) REVIEW REQUIRED.—The Secretary of the Inte-
rior and the Secretary of Agriculture shall conduct a re-
view, using independent panels, of each wildfire incident 
for which the Secretary concerned incurs expenses in ex-
cess of $10,000,000. The review of a wildfire incident shall 
include an assessment of what actions, if any, could have 
been taken in advance of the fire that may have prevented 
the fire or at least reduced the severity of the fire. The 
review of a wildfire incident shall include an assessment 
of the quantity of greenhouses gases produced as a result 
of the fire. 
(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 En-
ergy and Natural Resources, the Committee on Indian Af-
fairs, and the Committee on Appropriations of the Senate 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
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 com-
munity that satisfies the requirement of paragraph (1), 
and the requirements in at least two of the other four 
paragraphs, as follows: 
(1) is located within a priority area identified 
pursuant to subsection (b); 
(2) has a cooperative fire agreement that ar-
ticulates 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 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
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 re-
gional 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 re-
duction 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 out activities 
authorized by paragraph (2). 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(2) ELIGIBLE ACTIVITIES.—Grant funds may 
be used for the following: 
(A) Education programs to raise aware-
ness of homeowners and citizens about wildland 
fire protection practices, including FireWise or 
similar programs. 
(B) Training programs for local fire-
fighters on wildland firefighting techniques and 
approaches. 
(C) Equipment acquisition to facilitate 
wildland fire preparedness. 
(D) Implementation of a community wild-
fire protection plan. 
(E) Implementation of fire-safety programs 
focused on the eradication or control of invasive 
species. 
(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 com-
munities. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS
HR 1404 RFS 
(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 March 26, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Nov 24 2008 
02:08 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1404.RFS
H1404
rfrederick on PROD1PC67 with BILLS