Title 15 — Commerce and Trade
Chapter 49 — Fire Prevention and Control
§ 2210. Reimbursement for costs of firefighting on Federal property
Statutory text
Filing of claims
Each fire service that engages in the fighting of a fire on property which is under the jurisdiction of the United States may file a claim with the Administrator for the amount of direct expenses and direct losses incurred by such fire service as a result of fighting such fire. The claim shall include such supporting information as the Administrator may prescribe.
Determination
Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine—
what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question;
the extent to which the fire service incurred additional firefighting costs, over and above its normal operating costs, in connection with the fire which is the subject of the claim; and
the amount, if any, of the additional costs referred to in paragraph (2) of this subsection which were not adequately covered by the payments referred to in paragraph (1) of this subsection.
Payment
The Administrator of FEMA shall forward the claim and a copy of the Administrator’s determination under subsection (b)(3) of this section to the Secretary of the Treasury. The Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from any moneys in the Treasury not otherwise appropriated but subject to reimbursement (from any appropriations which may be available or which may be made available for the purpose) by the Federal department or agency under whose jurisdiction the fire occurred, a sum no greater than the amount determined with respect to the claim under subsection (b)(3) of this section.
Adjudication
In the case of a dispute arising in connection with a claim under this section, the United States Court of Federal Claims shall have jurisdiction to adjudicate the claim and enter judgment accordingly.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Federal Fire Prevention and Control Act of 1974
Pub. L. 93–498 § 11 · 88 Stat. 1535
Enacted · 15 U.S.C. § 2210
Pub. L. 93–498, § 11, Oct. 29, 1974, 88 Stat. 1543
Source evidence
Code source credit
Pub. L. 93–498, § 11, Oct. 29, 1974, 88 Stat. 1543Enacted provision · exact public law section
Sec. 11. reimbursement for costs of firefighting on federal property (a) Claim.— Each fire service that engages in the fighting 15 USC 2210. of a fire on property which is under the jurisdiction of the United States may file a claim with the Administrator for the amount of direct expenses and direct losses incurred by such fire service as a result of fighting such fire. The claim shall include such supporting information as the Administrator may prescribe. (b) Determination.— Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine— (1) what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question; (2) the extent to which the fire service incurred additional firefighting costs, over and above its normal operating costs, in connection with the fire which is the subject of the claim; and (3) the amount, if any, of the additional costs referred to in paragraph (2) of this subsection which were not adequately covered by the payments referred to in paragraph (1) of this subsection. (c) Payment.— The Secretary shall forward the claim and a copy of the Administrator’s determination under subsection (b) (3) of this section to the Secretary of the Treasury. The Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from any moneys in the Treasury not otherwise appropriated but subject to reimbursement (from any appropriations which may be available or which may be made available for the purpose) by the Federal department or agency under whose jurisdiction the fire occurred, a sum no greater than the amount determined with respect to the claim under subsection (b) (3) of this section. (d) Adjudication.— In the case of a dispute arising in connection with a claim under this section, the Court of Claims of the United States shall have jurisdiction to adjudicate the claim and enter judgment accordingly.Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 146 · 96 Stat. 25
Substituted · 15 U.S.C. § 2210(d)
Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims of the United States”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims of the United States”.Enacted provision · exact public law section
Sec. 146. federal fire prevention act Section 11(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2210(d)) is amended by striking out “Court of Claims of the United States” and inserting in lieu thereof “United States Claims Court”.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506
Substituted · 15 U.S.C. § 2210(d)
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.Enacted provision · exact public law section
(1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; andEffective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.Pub. L. 106–503 title I § 110(a)(2)(B)(iii) · 114 Stat. 2298
Substituted · 15 U.S.C. § 2210(c)
Pub. L. 106–503 substituted “Director shall forward” for “Secretary shall forward”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–503 substituted “Director shall forward” for “Secretary shall forward”.Enacted provision · exact public law section
(iii) the first place it appears in section 11(c) (15 U.S.C. 2210(c));Fire Grants Reauthorization Act of 2012
Pub. L. 112–239 div. A title XVIII § 1802(b)(1) · 126 Stat. 1632
Substituted · 15 U.S.C. § 2210(c)
Pub. L. 112–239 substituted “Administrator of FEMA” for “Director”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–239 substituted “Administrator of FEMA” for “Director”.Enacted provision · exact public law section
(1) Administrator of fema.— The Federal Fire Prevention and Control Act of 1974 15 USC 2204, 2206, 2210, 2214, 2215, 2217, 2218, 2224, 2226; 42 USC 290a. (15 U.S.C. 2201 et seq.) is amended by striking “Director” each place it appears and inserting “Administrator of FEMA”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments1982–2013 · 4 rounds
2013
Subsec. (c). Pub. L. 112–239 substituted “Administrator of FEMA” for “Director”.
2000
Subsec. (c). Pub. L. 106–503 substituted “Director shall forward” for “Secretary shall forward”.
1992
Subsec. (d). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1982
Subsec. (d). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims of the United States”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective , see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Executive Documents
Transfer of Functions
Functions of National Fire Prevention and Control Administration [now United States Fire Administration] and National Academy for Fire Prevention and Control generally transferred to Federal Emergency Management Agency. For further details see Transfer of Functions note set out under section 2202 of this title.