123STA T . 2 970PUBLIC LA W 111 –8 8 —O CT. 30 , 2009 theS e cr et a r y e s t im ates that onl y 60d ays w orth o f f u nds remain in the FLAME Fund administered b y that Secretary .(5)TRANSFE RA UTHO R I T Y . —I f a FLAME Fund has insuffi - cient funds , the Secretary concerned administerin g the other FLAME Fund may transfer amounts to the FLAME Fund with insufficient funds. N ot more than $1 00,000,000 may be trans- ferred from a FLAME Fund during any fiscal year under this authority. (e) U SE OF FLAME FUN D .— (1) IN G ENERA L .—Sub j ect to p aragraphs ( 2 )and( 3 ), amounts in a FLAME Fund shall be a v ailable to the Secretary concerned to transfer to the W ildland 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) D E C LARATION RE Q UIRED.— (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 re q uired an emergency Federal response based on the significant comple x ity, 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, P RI V ATE, AND TRI B AL 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) TREAT M ENT OF ANTICIPATED AND P REDICTED 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 O THER 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 Deadlin e .
