H. R. 2996—65 
purposes delineated in the table titled ‘‘Incorporation of Congres-
sionally Requested Projects’’ included in the joint explanatory state-
ment of the managers accompanying this Act, except that such 
funding appropriated for land acquisition, construction, and capital 
improvement and maintenance may be reallocated to other projects 
in that table funded by the same appropriation account if such 
reallocation has been approved by the House and Senate Commit-
tees on Appropriations; and, such funding appropriated for 
‘‘National Park Service—Historic Preservation Fund’’ for Save 
America’s Treasures grants may be reallocated to be used for 
competitive grants under the Save America’s Treasures program 
if such reallocation has been approved by the House and Senate 
Committees on Appropriations. 
TITLE V—FLAME ACT OF 2009 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Federal Land Assistance, 
Management, and Enhancement Act of 2009’’ or ‘‘FLAME Act of 
2009’’. 
SEC. 502. FLAME WILDFIRE SUPPRESSION RESERVE FUNDS. 
(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 a 
FLAME Wildfire Suppression Reserve Fund established by sub-
section (b). 
(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘rel-
evant congressional committees’’ means the Committee on 
Appropriations, the Committee on Natural Resources, and the 
Committee on Agriculture of the House of Representatives and 
the Committee on Appropriations, the Committee on Energy 
and Natural Resources, and the Committee on Indian Affairs 
of the Senate. 
(4) SECRETARY
CONCERNED.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of the Interior, with respect to— 
(i) Federal land described in subparagraphs (A), 
(B), (C), and (D) of paragraph (1); and 
(ii) the FLAME Fund established for the Depart-
ment of the Interior; and 
(B) the Secretary of Agriculture, with respect to— 
(i) National Forest System land; and 
(ii) the FLAME Fund established for the Depart-
ment of the Agriculture.
H. R. 2996—66 
(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 for 
the Department of the Interior. 
(2) The FLAME Wildfire Suppression Reserve Fund for 
the Department of Agriculture. 
(c) PURPOSE
OF FLAME FUNDS.—The FLAME Funds 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 shall consist of 
the following: 
(A) Such amounts as are appropriated to that FLAME 
Fund. 
(B) Such amounts as are transferred to that FLAME 
Fund under paragraph (5). 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated to the FLAME Funds such 
amounts as are necessary to carry out this section. 
(B) CONGRESSIONAL INTENT.—It is the intent of Con-
gress that, for fiscal year 2011 and each fiscal year there-
after, the amounts requested by the President for a FLAME 
Fund should be not less than the amount estimated by 
the Secretary concerned as the amount necessary for that 
fiscal year for wildfire suppression activities of the Sec-
retary that meet the criteria specified in subsection 
(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 in 
excess of the amount estimated by the Secretary con-
cerned as the amount necessary for that fiscal year 
for wildfire suppression activities of the Secretary that 
meet the criteria specified in subsection (e)(2)(B)(i) 
should be designated as amounts necessary to meet 
emergency needs; 
(ii) the Secretary concerned should promptly make 
a supplemental request for additional funds to 
replenish the FLAME Fund if the Secretary determines 
that the FLAME Fund will be exhausted within 30 
days; and 
(iii) funding made available through the FLAME 
Fund should be used to supplement the funding other-
wise appropriated to the Secretary concerned for wild-
fire suppression and Federal emergency response in 
the Wildland Fire Management appropriation accounts. 
(3) AVAILABILITY.—Amounts in a FLAME Fund shall 
remain available to the Secretary concerned until expended. 
(4) NOTICE OF INSUFFICIENT FUNDS.—The Secretary con-
cerned shall notify the relevant congressional committees if
H. R. 2996—67 
the Secretary estimates that only 60 days worth of funds remain 
in the FLAME Fund administered by that Secretary. 
(5) TRANSFER AUTHORITY.—If a FLAME Fund has insuffi-
cient funds, the Secretary concerned administering the other 
FLAME Fund may transfer amounts to the FLAME Fund with 
insufficient funds. Not more than $100,000,000 may be trans-
ferred from a FLAME Fund during any fiscal year under this 
authority. 
(e) USE OF FLAME FUND.— 
(1) IN
GENERAL.—Subject to paragraphs (2) and (3), 
amounts in a FLAME Fund shall be available to the Secretary 
concerned to transfer to the Wildland Fire Management appro-
priation account of that Secretary to pay the costs of wildfire 
suppression activities of that Secretary that are separate from 
amounts for wildfire suppression activities annually appro-
priated to that Secretary under the Wildland Fire Management 
appropriation account of that Secretary. 
(2) DECLARATION REQUIRED.— 
(A) IN GENERAL.—Amounts in a FLAME Fund shall 
be available for transfer under paragraph (1) only after 
that Secretary concerned issues a declaration that a wild-
fire suppression event is eligible for funding from the 
FLAME Fund. 
(B) DECLARATION CRITERIA.—A declaration by the Sec-
retary concerned 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; or 
(II) the Secretary concerned 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 Sec-
retary concerned will exceed, within 30 days, all of 
the 
amounts 
previously 
appropriated 
(including 
amounts appropriated under an emergency designa-
tion, but excluding amounts appropriated to the 
FLAME Fund) to the Secretary concerned for wildfire 
suppression and Federal emergency response. 
(3) STATE, PRIVATE, AND TRIBAL LAND.—Use of a 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 activi-
ties on the land. 
(f) TREATMENT OF ANTICIPATED AND PREDICTED ACTIVITIES.— 
For fiscal year 2011 and subsequent fiscal years, the Secretary 
concerned shall request funds within the Wildland Fire Manage-
ment appropriation account of that Secretary for regular wildfire 
suppression activities that do not meet the criteria specified in 
subsection (e)(2)(B)(i). 
(g) PROHIBITION ON OTHER TRANSFERS.—The Secretary con-
cerned may not transfer funds from non-fire accounts to the 
Wildland Fire Management appropriation account of that Secretary 
unless amounts in the FLAME Fund of that Secretary and any
H. R. 2996—68 
amounts appropriated to that Secretary for the purpose of wildfire 
suppression will be exhausted within 30 days. 
(h) ACCOUNTING AND REPORTS.— 
(1) ACCOUNTING AND REPORTING REQUIREMENTS.—The Sec-
retary concerned shall account and report on amounts trans-
ferred from the respective FLAME Fund in a manner that 
is consistent with existing National Fire Plan reporting proce-
dures. 
(2) ANNUAL REPORT.—The Secretary concerned shall submit 
to the relevant congressional committees and make available 
to the public an annual report that— 
(A) describes the obligation and expenditure of 
amounts transferred from the FLAME Fund; and 
(B) includes any recommendations that the Secretary 
concerned 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 pro-
vided in subparagraph (C), the Secretary concerned shall 
submit to the relevant congressional committees an esti-
mate of anticipated wildfire suppression costs for the 
applicable fiscal year. 
(B) INDEPENDENT REVIEW.—The methodology for devel-
oping the estimates under subparagraph (A) shall be sub-
ject to periodic independent review to ensure compliance 
with subparagraph (D). 
(C) SCHEDULE.—The Secretary concerned shall submit 
an estimate under subparagraph (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 Depart-
ment of the Interior and the Forest Service for the 
following fiscal year has not been enacted by Sep-
tember 1, the first week of September of each year. 
(D) REQUIREMENTS.—An estimate of anticipated wild-
fire 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 to use the FLAME Fund established for that Secretary 
shall terminate at the end of the third fiscal year in which no 
appropriations to, or withdrawals from, that FLAME Fund have 
been made for a period of three consecutive fiscal years. Upon 
termination of such authority, any amounts remaining in the 
affected FLAME Fund shall be transferred to, and made a part 
of, the Wildland Fire Management appropriation account of the 
Secretary concerned for wildland suppression activities. 
SEC. 503. COHESIVE WILDFIRE MANAGEMENT STRATEGY. 
(a) STRATEGY REQUIRED.—Not later than one 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
H. R. 2996—69 
of the Government Accountability Office regarding management 
strategies. 
(b) ELEMENTS OF STRATEGY.—The strategy required by sub-
section (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 fre-
quency and severity of wildfire; and 
(7) studying the effects of invasive species on wildfire risk. 
(c) REVISION.—At least once during each five-year period begin-
ning on the date of the submission of the cohesive wildfire manage-
ment strategy under subsection (a), the Secretary of the Interior 
and the Secretary of Agriculture shall revise the strategy to address 
any changes affecting the strategy, including changes with respect 
to landscape, vegetation, climate, and weather. 
This division may be cited as the ‘‘Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010’’. 
DIVISION B—FURTHER CONTINUING APPROPRIATIONS, 
2010 
SEC. 101. The Continuing Appropriations Resolution, 2010 (divi-
sion B of Public Law 111–68) is amended by striking the date 
specified in section 106(3) and inserting ‘‘December 18, 2009’’. 
SEC. 102. Section 129 of the Continuing Appropriations Resolu-
tion, 2010 (division B of Public Law 111–68) is amended by striking 
‘‘2009’’ and inserting ‘‘2008’’, and such amendment shall apply as 
if included in such public law on the date of its enactment. 
SEC. 103. Subsections (c)(1) and (e)(3) of section 9503, and 
subparagraphs (A), (B), and (C) of section 9504(b)(2), of the Internal 
Revenue Code of 1986 are each amended by inserting ‘‘the last 
amendment to’’ after ‘‘on the date of the enactment of’’. 
SEC. 104. The Continuing Appropriations Resolution, 2010 (divi-
sion B of Public Law 111–68) is amended by adding after section 
164 the following new sections: 
‘‘SEC. 165. In addition to amounts provided in section 101, 
amounts are provided for ‘Small Business Administration—Business 
Loans Program Account’, for the cost (as defined in section 502 
of the Congressional Budget Act of 1974) of guaranteed loans as 
authorized by section 7(a) of the Small Business Act, at a rate 
for operations of $80,000,000. 
‘‘SEC. 166. (a) LOAN LIMIT FLOOR BASED ON 2008 LEVELS.— 
For mortgages for which the mortgagee issues credit approval for 
the borrower during calendar year 2010, if the dollar amount limita-
tion on the principal obligation of a mortgage determined under 
section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) 
for any size residence for any area is less than such dollar amount 
limitation that was in effect for such size residence for such area 
for 2008 pursuant to section 202 of the Economic Stimulus Act 
of 2008 (Public Law 110–185; 122 Stat. 620), notwithstanding any