43 U.S.C. § 1748 — Funding requirements

Page 555 TITLE 43—PUBLIC LANDS § 1748 1 So in original. (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 sec- tion. (8) Nothing in this section shall be construed to preclude any forebearance 1 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 pro- ceeds of such assistance and such other records as the Secretary may require to facilitate an ef- fective audit. The Secretary and the Comp- troller General of the United States or their duly authorized representatives shall have ac- cess, for the purpose of audit, to such records. (10) No person in the United States shall, on the grounds of race, color, religion, national ori- gin, or sex be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination under, any program or activity funded in whole or part with funds made avail- able 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 connec- tion 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.) Editorial Notes REFERENCES IN TEXT Act of February 25, 1920, as amended, referred to in par. (1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. CODIFICATION Section is comprised of subsec. (c) of section 317 of Pub. L. 94–579. Subsecs. (a) and (b) of section 317 of Pub. L. 94–579 are classified to section 191 of Title 30, Mineral Lands and Mining, and a note set out under that sec- tion; respectively. AMENDMENTS 1978—Pars. (1) and (2). Pub. L. 95–352 redesignated par. (1) as pars. (1) and (2), in par. (1) struck out provisions establishing interest rate requirements, and in par. (2) struck out exception for Alaska and requirements for repayment. Former par. (2) redesignated (3). Pars. (3) to (11). Pub. L. 95–352 redesignated former pars. (2) and (3) as (3) and (4), respectively, and added pars. (5) to (11). § 1748. Funding requirements (a) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 2002, any program, function, or activity of the Bureau under this or any other Act unless such sums are specifically authorized to be appro- priated as of October 21, 1976 or are authorized to be appropriated in accordance with the provi- sions of subsection (b) of this section. (b) Procedure applicable for authorization of ap- propriations Consistent with section 1110 of title 31, begin- ning May 15, 1977, and not later than May 15 of each second even numbered year thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a request for the authorization of ap- propriations for all programs, functions, and ac- tivities of the Bureau to be carried out during the four-fiscal-year period beginning on October 1 of the calendar year following the calendar year in which such request is submitted. The Secretary shall include in his request, in addi- tion to the information contained in his budget request and justification statement to the Office of Management and Budget, the funding levels which he determines can be efficiently and effec- tively utilized in the execution of his respon- sibilities for each such program, function, or ac- tivity, notwithstanding any budget guidelines or limitations imposed by any official or agency of the executive branch. (c) Distribution of receipts from Bureau from disposal of lands, etc. Nothing in this section shall apply to the dis- tribution of receipts of the Bureau from the dis- posal of lands, natural resources, and interests in lands in accordance with applicable law, nor to the use of contributed funds, private deposits for public survey work, and townsite trustee- ships, nor to fund allocations from other Federal agencies, reimbursements from both Federal and non-Federal sources, and funds expended for emergency firefighting and rehabilitation. (d) Purchase of certain public lands from Land and Water Conservation Fund In exercising the authority to acquire by pur- chase granted by section 1715(a) of this title, the Secretary may use the Land and Water Con- servation Fund to purchase lands which are nec- essary for proper management of public lands which are primarily of value for outdoor recre- ation purposes. (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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification of this Act to the Code, see Tables. Page 556 TITLE 43—PUBLIC LANDS § 1748a CODIFICATION In subsec. (b), ‘‘section 1110 of title 31’’ substituted for ‘‘section 607 of the Congressional Budget Act of 1974 [31 U.S.C. 11c]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–333 substituted ‘‘October 1, 2002’’ for ‘‘October 1, 1978’’. § 1748a. 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 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 The term ‘‘FLAME Fund’’ means a FLAME Wildfire Suppression Reserve Fund established by subsection (b). (3) Relevant congressional committees The term ‘‘relevant congressional commit- tees’’ means the Committee on Appropria- tions, 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 concerned’’ means— (A) the Secretary of the Interior, with re- spect to— (i) Federal land described in subpara- graphs (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 re- spect to— (i) National Forest System land; and (ii) the FLAME Fund established for the Department of the Agriculture. (b) Establishment of FLAME Funds There is established in the Treasury of the United States the following accounts: (1) The FLAME Wildfire Suppression Re- serve Fund for the Department of the Interior. (2) The FLAME Wildfire Suppression Re- serve 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 fol- lowing: (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 nec- essary to carry out this section. (B) Congressional intent It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a FLAME Fund should be not less than the amount estimated by the Secretary con- cerned as the amount necessary for that fis- cal year for wildfire suppression activities of the Secretary that meet the criteria speci- fied 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 concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in sub- section (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 supple- ment the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency re- sponse in the Wildland Fire Management appropriation accounts. (3) Availability Amounts in a FLAME Fund shall remain available to the Secretary concerned until ex- pended. (4) Notice of insufficient funds The Secretary concerned shall notify the relevant congressional committees if the Sec- retary estimates that only 60 days worth of funds remain in the FLAME Fund adminis- tered by that Secretary. (5) Transfer authority If a FLAME Fund has insufficient funds, the Secretary concerned administering the other