Collapse to view only § 1737. Implementation provisions
- § 1731. Bureau of Land Management
- § 1732. Management of use, occupancy, and development of public lands
- § 1733. Enforcement authority
- § 1734. Fees, charges, and commissions
- § 1734a. Availability of excess fees
- § 1735. Forfeitures and deposits
- § 1736. Working capital fund
- § 1736a. Revolving fund derived from disposal of salvage timber
- § 1737. Implementation provisions
- § 1738. Contracts for surveys and resource protection; renewals; funding requirements
- § 1739. Advisory councils
- § 1740. Rules and regulations
- § 1741. Annual reports
- § 1742. Search, rescue, and protection forces; emergency situations authorizing hiring
- § 1742a. Good Samaritan Search and Recovery Act
- § 1743. Disclosure of financial interests by officers or employees
- § 1744. Recordation of mining claims
- § 1745. Disclaimer of interest in lands
- § 1746. Correction of conveyance documents
- § 1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts
- § 1748. Funding requirements
- § 1748a. FLAME Wildfire Suppression Reserve Funds
- § 1748a-1. Request for additional wildfire suppression funds
- § 1748a-2. Reporting requirements
- § 1748b. Cohesive wildfire management strategy
- § 1748b-1. Wildfire technology modernization
- § 1748c. Bureau of Land Management Foundation
- § 1748d. Report on wildfire, insect infestation, and disease prevention on Federal land
§ 1731. Bureau of Land Management
(a) Director; appointment, qualifications, functions, and duties
(b) Statutory transfer of functions, powers and duties relating to administration of laws
(c) Associate Director, Assistant Directors, and other employees; appointment and compensation
(d) Existing regulations relating to administration of laws
(Pub. L. 94–579, title III, § 301, Oct. 21, 1976, 90 Stat. 2762.)
§ 1732. Management of use, occupancy, and development of public lands
(a) Multiple use and sustained yield requirements applicable; exception
(b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements
(c) Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicable
(d) Authorization to utilize certain public lands in Alaska for military purposes
(1) The Secretary of the Interior, after consultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable general authorization to utilize public lands in Alaska (other than within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery firing, aerial or other gunnery, or other use of live ammunition or ordnance.
(2) Use of public lands pursuant to a general authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to section 1712 of this title. Each such use shall be subject to a requirement that the using department shall be responsible for any necessary cleanup and decontamination of the lands used, and to such other terms and conditions (including but not limited to restrictions on use of off-road or all-terrain vehicles) as the Secretary of the Interior may require to—
(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved; and
(B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved.
(3)
(A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall be revoked in whole or in part, as the Secretary of the Interior finds necessary, prior to the end of such term upon a determination by the Secretary of the Interior that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or might have a significant adverse impact on the resources or values of the affected lands.
(B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (2) of this subsection.
(4) Issuance of a general authorization pursuant to this subsection shall be subject to the provisions of section 1712(f) of this title, section 3120 of title 16, and all other applicable provisions of law. The Secretary of a military department (or the Commandant of the Coast Guard) requesting such authorization shall reimburse the Secretary of the Interior for the costs of implementing this paragraph. An authorization pursuant to this subsection shall not authorize the construction of permanent structures or facilities on the public lands.
(5) To the extent that public safety may require closure to public use of any portion of the public lands covered by an authorization issued pursuant to this subsection, the Secretary of the military Department concerned or the Commandant of the Coast Guard shall take appropriate steps to notify the public concerning such closure and to provide appropriate warnings of risks to public safety.
(6) For purposes of this subsection, the term “conservation system unit” has the same meaning as specified in section 3102 of title 16.
(Pub. L. 94–579, title III, § 302, Oct. 21, 1976, 90 Stat. 2762; Pub. L. 100–586, Nov. 3, 1988, 102 Stat. 2980.)
§ 1733. Enforcement authority
(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction
(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation
(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their agents are authorized to carry firearms; execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person, place, or conveyance according to any Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.
(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection.
(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances
(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations
(f) Applicability of other Federal enforcement provisions
(g) Unlawful activities
(Pub. L. 94–579, title III, § 303, Oct. 21, 1976, 90 Stat. 2763; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
§ 1734. Fees, charges, and commissions
(a) Authority to establish and modify
(b) Deposits for payments to reimburse reasonable costs of United States
(c) Refunds
(Pub. L. 94–579, title III, § 304, Oct. 21, 1976, 90 Stat. 2765.)
§ 1734a. Availability of excess fees
In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of section 1734 of this title for processing, recording, or documenting authorizations to use public lands or public land natural resources (including cultural, historical, and mineral) and for providing specific services to public land users, and which are not presently being covered into any Bureau of Land Management appropriation accounts, and not otherwise dedicated by law for a specific distribution, shall be made immediately available for program operations in this account and remain available until expended.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–182.)
§ 1735. Forfeitures and deposits
(a) Credit to separate account in Treasury; appropriation and availability
(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands
(c) Refunds
(Pub. L. 94–579, title III, § 305, Oct. 21, 1976, 90 Stat. 2765.)
§ 1736. Working capital fund
(a) Establishment; availability of fund
(b) Initial funding; subsequent transfers
(c) Payments credited to fund; amount; advancement or reimbursement
(d) Authorization of appropriations
(Pub. L. 94–579, title III, § 306, Oct. 21, 1976, 90 Stat. 2766.)
§ 1736a. Revolving fund derived from disposal of salvage timber
There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.)
§ 1737. Implementation provisions
(a) Investigations, studies, and experiments
(b) Contracts and cooperative agreements
(c) Contributions and donations of money, services, and property
(d) Recruitment of volunteers
(e) Restrictions on activities of volunteers
In accepting such services of individuals as volunteers, the Secretary—
(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and
(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision.
(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of the United States except for the purposes of—
(1) the tort claims provisions of title 28;
(2) subchapter 1 1
1 So in original. Probably should be subchapter “I”.
of chapter 81 of title 5; and(3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 shall apply.
(g) Authorization of appropriations
(Pub. L. 94–579, title III, § 307, Oct. 21, 1976, 90 Stat. 2766; Pub. L. 98–540, § 2, Oct. 24, 1984, 98 Stat. 2718; Pub. L. 101–286, title II, § 204(c), May 9, 1990, 104 Stat. 175.)
§ 1738. Contracts for surveys and resource protection; renewals; funding requirements
(a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the Bureau. He may renew such contracts annually, not more than twice, without additional competition. Such contracts shall obligate funds for the fiscal years in which the costs are incurred.
(b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the ensuing fiscal years until such appropriation becomes available for expenditure.
(Pub. L. 94–579, title III, § 308, Oct. 21, 1976, 90 Stat. 2767.)
§ 1739. Advisory councils
(a) Establishment; membership; operation
(b) Meetings
(c) Travel and per diem payments
(d) Functions
(e) Public participation; procedures applicable
(Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90 Stat. 2767; Pub. L. 95–514, § 13, Oct. 25, 1978, 92 Stat. 1808; Pub. L. 117–286, § 4(a)(285), Dec. 27, 2022, 136 Stat. 4337.)
§ 1740. Rules and regulations
The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regulations concerning such lands to the extent practical.
(Pub. L. 94–579, title III, § 310, Oct. 21, 1976, 90 Stat. 2767.)
§ 1741. Annual reports
(a) Purpose; time for submission
(b) Format
(c) Contents
(Pub. L. 94–579, title III, § 311, Oct. 21, 1976, 90 Stat. 2768; Pub. L. 103–437, § 16(d)(3), Nov. 2, 1994, 108 Stat. 4595.)
§ 1742. Search, rescue, and protection forces; emergency situations authorizing hiring
Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located.
(Pub. L. 94–579, title III, § 312, Oct. 21, 1976, 90 Stat. 2768.)
§ 1742a. Good Samaritan Search and Recovery Act
(a) DefinitionsIn this section:
(1) EligibleThe term “eligible”, with respect to an organization or individual, means that the organization or individual, respectively, is—
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.
(2) Good Samaritan search-and-recovery mission
(3) Secretary
(b) Process
(1) In general
(2) InclusionsThe process developed and implemented under this subsection shall include provisions to clarify that—
(A) an eligible organization or individual granted access under this section—
(i) shall be acting for private purposes; and
(ii) shall not be considered to be a Federal volunteer;
(B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54;
(C) chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”) shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and
(D) chapter 81 of title 5 (commonly known as the “Federal Employees Compensation Act”) shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
(c) Release of Federal Government from liabilityThe Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
(1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.
(d) Approval and denial of requests
(1) In general
(2) DenialsIf the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
(e) PartnershipsEach Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.
(f) ReportNot later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—
(1) plans to develop partnerships described in subsection (e)(1); and
(2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).
(Pub. L. 116–9, title IX, § 9002, Mar. 12, 2019, 133 Stat. 830.)
§ 1743. Disclosure of financial interests by officers or employees
(a) Annual written statement; availability to publicEach officer or employee of the Secretary and the Bureau who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) applies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions of, this Act,
shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Implementation of requirementsThe Secretary shall—
(1) act within ninety days after October 21, 1976—
(A) to define the term “known financial interests” for the purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.
(c) Exempted personnel
(d) Violations; criminal penalties
(Pub. L. 94–579, title III, § 313, Oct. 21, 1976, 90 Stat. 2768.)
§ 1744. Recordation of mining claims
(a) Filing requirements
The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 1
1 So in original. Probably should be “or”.
a detailed report provided by section 28–1 of title 30, relating thereto.(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground.
(b) Additional filing requirements
(c) Failure to file as constituting abandonment; defective or untimely filing
(d) Validity of claims, waiver of assessment, etc., as unaffected
(Pub. L. 94–579, title III, § 314, Oct. 21, 1976, 90 Stat. 2769.)
§ 1745. Disclaimer of interest in lands
(a) Issuance of recordable document; criteria
(b) Procedures applicable
(c) Construction as quit-claim deed from United States
(Pub. L. 94–579, title III, § 315, Oct. 21, 1976, 90 Stat. 2770.)
§ 1746. Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title or to other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such other agency.
(Pub. L. 94–579, title III, § 316, Oct. 21, 1976, 90 Stat. 2770; Pub. L. 108–7, div. F, title IV, § 411(e), Feb. 20, 2003, 117 Stat. 291.)
§ 1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts
(1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.]. Such loans shall be confined to the uses specified for the 50 per centum of mineral leasing revenues to be received by such States and subdivisions pursuant to section 35 of such Act [30 U.S.C. 191].
(2) The total amount of loans outstanding pursuant to this section for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten years following.
(3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts.
(4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978.
(5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year.
(6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State or the political subdivision thereof pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], and shall not constitute an obligation upon the general property or taxing authority of such unit of government.
(7) Notwithstanding any other provision of law, loans made pursuant to this section may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under this section.
(8) Nothing in this section shall be construed to preclude any forebearance 1
1 So in original.
for the benefit of the borrower including loan restructuring, which may be determined by the Secretary as justified by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made pursuant to this section.(9) Recipients of loans made pursuant to this section shall keep such records as the Secretary shall prescribe by regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access, for the purpose of audit, to such records.
(10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available under this section.
(11) All amounts collected in connection with loans made pursuant to this section, including interest payments or repayments of principal on loans, fees, and other moneys, derived in connection with this section, shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 94–579, title III, § 317(c), Oct. 21, 1976, 90 Stat. 2771; Pub. L. 95–352, § 1(f), Aug. 20, 1978, 92 Stat. 515.)
§ 1748. Funding requirements
(a) Authorization of appropriations
(b) Procedure applicable for authorization of appropriations
(c) Distribution of receipts from Bureau from disposal of lands, etc.
(d) Purchase of certain public lands from Land and Water Conservation Fund
(Pub. L. 94–579, title III, § 318, Oct. 21, 1976, 90 Stat. 2771; Pub. L. 104–333, div. I, title III, § 310, Nov. 12, 1996, 110 Stat. 4139.)
§ 1748a. FLAME Wildfire Suppression Reserve Funds
(a) DefinitionsIn this section:
(1) Federal landThe term “Federal land” means—
(A) public land, as defined in section 1702 of this title;
(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.
(2) FLAME Fund
(3) Relevant congressional committees
(4) Secretary concernedThe term “Secretary concerned” 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 Department 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 Department of the Agriculture.
(b) Establishment of FLAME FundsThere 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
(d) Funding
(1) Credits to fundsA 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
(B) Congressional intent
(C) Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression fundingIt 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 concerned 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 otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts.
(3) Availability
(4) Notice of insufficient funds
(5) Transfer authority
(e) Use of FLAME Fund
(1) In general
(2) Declaration required
(A) In general
(B) Declaration criteriaA declaration by the Secretary 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 Secretary concerned 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) to the Secretary concerned for wildfire suppression and Federal emergency response.
(3) State, private, and tribal land
(f) Treatment of anticipated and predicted activities
(g) Prohibition on other transfers
(h) Accounting and reports
(1) Accounting and reporting requirements
(2) Annual reportThe 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
(B) Independent review
(C) ScheduleThe 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 Department 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) RequirementsAn 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
(Pub. L. 111–88, div. A, title V, § 502, Oct. 30, 2009, 123 Stat. 2968.)
§ 1748a–1. Request for additional wildfire suppression funds
If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.
(Pub. L. 115–141, div. O, title I, § 103, Mar. 23, 2018, 132 Stat. 1060.)
§ 1748a–2. Reporting requirements
(a) In generalNot later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 901(b)(2)(F)(i) of title 2, as added by section 102 of this division, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall—
(1) prepare an annual report with respect to the additional new budget authority;
(2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and
(3) make the report prepared under paragraph (1) available to the public.
(b) ComponentsThe annual report prepared under subsection (a)(1) shall—
(1) document obligations and outlays of the additional new budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large fires, including an analysis for each fire of—
(A) cost drivers;
(B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment;
(C) any resulting ecological or other benefits to the landscape;
(D) the impact of investments in wildfire suppression operations preparedness;
(E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested;
(F) effectiveness of any fuel treatments on fire behavior and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate;
(4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire suppression operations; and
(6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary.
(Pub. L. 115–141, div. O, title I, § 104, Mar. 23, 2018, 132 Stat. 1061.)
§ 1748b. Cohesive wildfire management strategy
(a) Strategy required
(b) Elements of strategy
The strategy required by subsection (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 frequency and severity of wildfire; and
(7) studying the effects of invasive species on wildfire risk.
(c) Revision
(Pub. L. 111–88, div. A, title V, § 503, Oct. 30, 2009, 123 Stat. 2971.)
§ 1748b–1. Wildfire technology modernization
(a) PurposeThe purpose of this section is to promote the use of the best available technology to enhance the effective and cost-efficient response to wildfires—
(1) to meet applicable protection objectives; and
(2) to increase the safety of—
(A) firefighters; and
(B) the public.
(b) DefinitionsIn this section:
(1) SecretariesThe term “Secretaries” means—
(A) the Secretary of Agriculture; and
(B) the Secretary.
(2) Secretary concernedThe term “Secretary concerned” means—
(A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and
(B) the Secretary, with respect to activities under the Department of the Interior.
(c) Unmanned aircraft systems
(1) Definitions
(2) Establishment of program
(3) Expanding use of unmanned aircraft systems on wildfires
(d) Location systems for wildland firefighters
(1) In general
(2) RequirementsThe system shall—
(A) use the most practical and effective technology available to the Secretaries to remotely track the location of an active resource, such as a Global Positioning System;
(B) depict the location of each fire resource on the applicable maps developed under subsection (c)(3);
(C) operate continuously during the period for which any firefighting personnel are assigned to the applicable Federal wildland fire; and
(D) be subject to such terms and conditions as the Secretary concerned determines necessary for the effective implementation of the system.
(3) OperationThe Secretary concerned shall—
(A) before commencing operation of the system—
(i) conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the system; and
(ii) review the results of those pilot projects;
(B) conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the system for safety; and
(C) establish procedures for the collection, storage, and transfer of data collected under this subsection to ensure—
(i) data security; and
(ii) the privacy of wildland fire personnel.
(e) Wildland fire decision support
(1) ProtocolTo the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies, achieve compliance with applicable incident management objectives in a manner that—
(A) minimizes firefighter exposure to the lowest level necessary; and
(B) reduces overall costs of wildfire incidents.
(2) Wildfire decision support system
(A) In general
(B) ComponentsThe system established or expanded under subparagraph (A) shall be able to alert the Secretaries if—
(i) unusual costs are incurred;
(ii) an action to be carried out would likely—(I) endanger the safety of a firefighter; or(II) be ineffective in meeting an applicable suppression or protection goal; or
(iii) a decision regarding the management of a wildfire deviates from—(I) an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or(II) an applicable spatial fire management plan or fire management plan of the Secretary concerned.
(f) Smoke projections from active wildland firesThe Secretaries shall establish a program, to be known as the “Interagency Wildland Fire Air Quality Response Program”, under which the Secretary concerned—
(1) to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident management team managing a Federal wildland fire; and
(2) may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire.
(g) Omitted
(h) Rapid Response Erosion Database
(1) In general
(2) Open-source Database
(A) AvailabilityThe Secretaries shall make the Database (including the original source code)—
(i) web-based; and
(ii) available without charge.
(B) ComponentsTo the maximum extent practicable, the Database shall provide for—
(i) the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a wildland fire; and
(ii) the generation of a composite map that can be used by the Secretary concerned to model the effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of weather scenarios.
(3) Use
(4) Coordination
(i) Predicting where wildfires will start
(1) In general
(2) Cooperation; components
(3) Use in forecasts
(4) Coordination
(j) Termination of authority
(k) Savings clauseNothing in this section—
(1) requires the Secretary concerned to establish a new program, system, or database to replace an existing program, system, or database that meets the objectives of this section; or
(2) precludes the Secretary concerned from using existing or future technology that—
(A) is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and
(B) meets the objectives of this section.
(Pub. L. 116–9, title I, § 1114, Mar. 12, 2019, 133 Stat. 615.)
§ 1748c. Bureau of Land Management Foundation
(a) DefinitionsIn this section:
(1) Board
(2) Foundation
(3) Public land
(4) Secretary
(5) Wild free-roaming horses and burros
(b) Establishment and purposes
(1) Establishment
(A) In general
(B) Limitation
(C) Tax exemption
(2) PurposesThe purposes of the Foundation are—
(A) to encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management;
(B) to carry out activities that advance the purposes for which public land is administered;
(C) to carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management; and
(D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of a foundation, including—
(i) reclamation and conservation activities;
(ii) activities relating to wild free-roaming horses and burros; and
(iii) the stewardship of cultural and archeological treasures on public land.
(c) Board of Directors
(1) Establishment
(A) In general
(B) Composition
(i) In general
(ii) Ex-officio member
(C) Requirements
(i) Citizenship
(ii) Expertise
(iii) Diverse points of view
(2) Date of initial appointment
(3) Terms
(A) In general
(B) Initial appointmentsThe Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures that—
(i) 1/3 of the members shall serve for a term of 2 years;
(ii) 1/3 of the members shall serve for a term of 4 years; and
(iii) 1/3 of the members shall serve for a term of 6 years.
(C) VacanciesA vacancy on the Board shall be filled—
(i) not later than 60 days after the date of the vacancy;
(ii) in the manner in which the original appointment was made; and
(iii) for the remainder of the term of the member vacating the Board.
(D) Removal for failure to attend meetings
(i) In general
(ii) Requirements
(E) Limitation
(4) Chairperson
(A) In general
(B) TermThe Chairperson of the Board—
(i) shall serve as Chairperson for a 2-year term; and
(ii) may be reelected as Chairperson while serving as a member of the Board.
(5) Quorum
(6) MeetingsThe Board shall meet—
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) Reimbursement of expenses
(A) In general
(B) Reimbursement
(8) General powersThe Board may—
(A) appoint officers and employees in accordance with paragraph (9);
(B) adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and
(C) carry out any other activities that may be necessary to function and to carry out this section.
(9) Officers and employees
(A) In general
(B) Limitation
(10) Limitation and conflicts of interest
(A) Prohibition on political activity
(B) Limitation on participationNo member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects—
(i) the financial interests of the member of the Board, officer, or employee; or
(ii) the interests of any corporation partnership, entity, or organization in which the member of the Board, officer, or employee—(I) is an officer, director, or trustee; or(II) has any direct or indirect financial interest.
(d) Powers and obligations
(1) In generalThe Foundation—
(A) shall have perpetual succession; and
(B) may conduct business throughout the several States, territories, and possessions of the United States.
(2) Notice; service of process
(A) Designated agent
(B) Service of process
(3) Seal
(4) PowersTo carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power—
(A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, or any income from, or other interest in, the property;
(B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or interest in the property;
(C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, unless limited by the instrument of transfer;
(D) to borrow money and issue bonds, debentures, or other debt instruments;
(E) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be held personally liable, except in a case of gross negligence;
(F)
(i) to enter into contracts or other agreements with public agencies, private organizations, and persons; and
(ii) to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and
(G) to carry out any activity necessary and proper to advance the purposes of the Foundation.
(5) Real property
(A) In general
(B) Acceptance
(C) Declining gifts
(D) Prohibition on condemnation
(e) Administrative services and support
(1) Funding
(A) In general
(B) Availability of funds
(2) Administrative expenses
(A) In general
(B) Reimbursement
(f) Volunteers
(g) Audits and report requirements
(1) Audits
(2) Annual reports
(h) United States release from liability
(1) In general
(2) Full faith and credit
(i) Limitation on authority
(j) Authorization of appropriations
(Pub. L. 115–31, div. G, title I, § 122, May 5, 2017, 131 Stat. 463.)
§ 1748d. Report on wildfire, insect infestation, and disease prevention on Federal land
Not later than 180 days after December 20, 2018, and every year thereafter, the Secretary and the Secretary of Interior 1
1 So in original. Probably should be preceded by “the”.
shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—(1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
(5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention;
(6) the Federal response time for each fire on greater than 25,000 acres;
(7) the number of miles of roads and trails on Federal land in need of maintenance;
(8) the number of miles of roads on Federal land in need of decommissioning;
(9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land;
(10) other measures needed to maintain, improve, or restore water quality on Federal land; and
(11) other measures needed to improve ecosystem function or resiliency on Federal land.
(Pub. L. 115–334, title VIII, § 8706, Dec. 20, 2018, 132 Stat. 4880.)