Title 16 — Conservation
Chapter 41 — Cooperative Forestry Assistance
§ 2106. Rural fire prevention and control
Statutory text
Congressional findings
Congress finds that—
significant accomplishments have been made by the Secretary and cooperating States in the prevention and control of fires on forest lands and on nonforested watersheds for more than fifty years;
progress is being made by the Secretary and cooperating States and rural communities in the protection of human lives, agricultural crops and livestock, property and other improvements, and natural resources from fires in rural areas;
notwithstanding the accomplishments and progress that have been made, fire prevention and control on rural lands and in rural communities are of continuing high priority to protect human lives, agricultural crops and livestock, property and other improvements, and natural resources;
the effective cooperative relationships between the Secretary and the States regarding fire prevention and control on rural lands and in rural communities should be retained and improved;
efforts in fire prevention and control in rural areas should be coordinated among Federal, State, and local agencies; and
in addition to providing assistance to State and local rural fire prevention and control programs, the Secretary should provide prompt and adequate assistance whenever a rural fire emergency overwhelms, or threatens to overwhelm, the firefighting capability of the affected State or rural area.
Implementation of provisions
Notwithstanding the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et seq.] the Secretary is authorized, under whatever conditions the Secretary may prescribe, to—
cooperate with State foresters or equivalent State officials in developing systems and methods for the prevention, control, suppression, and prescribed use of fires on rural lands and in rural communities that will protect human lives, agricultural crops and livestock, property and other improvements, and natural resources;
provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, for the prevention, control, suppression, and prescribed use of fires on non-Federal forest lands and other non-Federal lands;
provide financial, technical, and related assistance to State foresters or equivalent State officials in cooperative efforts to organize, train, and equip local firefighting forces, including those of Indian tribes or other native groups, to prevent, control, and suppress fires threatening human lives, crops, livestock, farmsteads or other improvements, pastures, orchards, wildlife, rangeland, woodland, and other resources in rural areas. As used herein, the term “rural areas” shall have the meaning set out in the first clause of section 1926(a)(7) 1 of title 7; and
provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, including rural volunteer fire departments, to conduct preparedness and mobilization activities, including training, equipping, and otherwise enabling State and local firefighting agencies to respond to requests for fire suppression assistance.
Encouragement of use of excess personal property by State and local fire forces receiving assistance; cooperation and assistance of Administrator of General Services
The Secretary, with the cooperation and assistance of the Administrator of General Services, shall encourage the use of excess personal property (within the meaning of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41) by State and local fire forces receiving assistance under this section.
Coordination of assistance with assistance of Secretary of Commerce under Federal fire prevention and control provisions
To promote maximum effectiveness and economy, the Secretary shall seek to coordinate the assistance the Secretary provides under this section with the assistance provided by the Secretary of Commerce under the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et seq.].
Authorization of appropriations for implementation of provisions
There are hereby authorized to be appropriated annually such sums as may be needed to implement paragraphs (1), (2), and (3) of subsection (b) of this section.
There are hereby authorized to be appropriated annually $70,000,000 to carry out subsection (b)(4). Of the total amount appropriated to carry out subsection (b)(4)—
one-half shall be available only for State foresters or equivalent State officials, and through them to other agencies and individuals, of which not less than $100,000 shall be made available to each State; and
one-half shall be available only for rural volunteer fire departments.
The Federal share of the cost of any activity carried out with funds made available pursuant to this paragraph may not exceed 50 percent of the cost of that activity. The non-Federal share for such activity may be in the form of cash, services, or in kind contributions.
Special rural fire disaster fund; establishment, appropriations, etc.
There shall be established in the Treasury a special rural fire disaster fund that shall be immediately available to and used by the Secretary to supplement any other money available to carry out this section with respect to rural fire emergencies, as determined by the Secretary. The Secretary shall determine that State and local resources are fully used or will be fully used before expending money in the disaster fund to assist a State in which one or more rural fire emergencies exist. There are hereby authorized to be appropriated such sums as may be needed to establish and replenish the disaster fund established by this subsection.
Definitions
As used in this section—
the term “rural volunteer fire department” means any organized, not for profit, fire protection organization that provides service primarily to a community or city with a population of 10,000 or less or to a rural area, as defined by the Secretary, whose firefighting personnel is 80 percent or more volunteer, and that is recognized as a fire department by the laws of the State; and
the term “mobilization” means any activity in which one firefighting organization assists another that has requested assistance.
Footnotes
- 1 See References in Text note below.
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.
Cooperative Forestry Assistance Act of 1978
Pub. L. 95–313 § 10 · 92 Stat. 365
Enacted · 16 U.S.C. § 2106
Pub. L. 95–313, § 10, formerly § 7, July 1, 1978, 92 Stat. 370
Source evidence
Code source credit
Pub. L. 95–313, § 10, formerly § 7, July 1, 1978, 92 Stat. 370Enacted provision · exact public law section
Sec. 10. general provisions (a) In implementing this Act, the Secretary shall, to the 16 USC 2109. maximum extent practicable— (1) work through, cooperate with, and assist State foresters or equivalent State officials j (2) encourage cooperation and coordination between State foresters or equivalent State officials and other State agencies that manage renewable natural resources; (3) use and encourage cooperators under this Act to use, private agencies, consultants, organizations, firms, and individuals to furnish necessary materials and services; and (4) promote effectiveness and economy by coordinating the direct actions and assistance authorized under this Act with related programs the Secretary administers, and with cooperative programs of other agencies. (b) Money appropriated under this Act shall remain available until Funds, availability. expended. (c) Requirements for the development of State forest resources programs and State participation in management assistance, planning assistance, and technology implementation, the apportionment of funds among States participating under this Act, the administrative expenses in connection with activities and programs under this Act, and the amounts to be expended by the Secretary to assist non-State cooperators under this Act. shall be determined by the Secretary in consultation with a committee of not less than five State foresters or equivalent State officials selected by a majority of the State foresters or equivalent State officials from States participating in programs under this Act. However, the Secretary need not consult with such committee regarding funds to be expended under emergency conditions that the Secretary may determine. (d) For the purposes of this Act— (1) The terms “United States” and “State” shall include each Definitions. of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the territories and possessions of the United States; (2) The term “forest resources” shall include esthetics, fish and wildlife, forage, outdoor recreation opportunities, timber, and water; and (3) The term “urban forestry” means the planning, establishment, protection, and management of trees and associated plants, individually, in small groups, or under forest conditions within cities, their suburbs, and towns. Rules and regulations.(e) The Secretary may prescribe rules and regulations, as the Secretary deems appropriate, to implement the provisions of this Act. Grants, agreements, contracts.(f) The Secretary is authorized to make grants, agreements, contracts, and other arrangements the Secretary deems necessary to implement this Act (g) This Act shall be construed as supplementing all other laws relating to the Department of Agriculture and shall not be construed as limiting or repealing any existing law or authority of the Secretary, except as specifically cited in section 13 of this Act.Forest Stewardship Act of 1990
Pub. L. 101–624 § 1220(a) · 104 Stat. 3359
Added · 16 U.S.C. § 2106(b)(4)
Pub. L. 101–624, § 1220(a), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 101–624, § 1220(a), added par. (4).Enacted provision · exact public law section
(a) Assistance to State Foresters.— Section 10(b) of the Act (16 U.S.C. 2106(b)) (as redesignated by section 1215 of this Act) is amended— (1) by striking “and” at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting “; and”; and (3) by adding at the end the following: “(4) provide financial, technical, and related assistance to State foresters or equivalent State officials, and through them to other agencies and individuals, including rural volunteer fire departments, to conduct preparedness and mobilization activities, including training, equipping, and otherwise enabling State and local firefighting agencies to respond to requests for fire suppression assistance.”.Forest Stewardship Act of 1990
Pub. L. 101–624 § 1220(b) · 104 Stat. 3359
Amended · 16 U.S.C. § 2106(e)
Pub. L. 101–624, § 1220(b), designated existing provisions as par. (1)
Inserted · 16 U.S.C. § 2106(e)
Pub. L. 101–624, § 1220(b), inserted reference to paragraphs (1), (2), and (3) of subsec. (b)
Added · 16 U.S.C. § 2106(e)
Pub. L. 101–624, § 1220(b), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–624, § 1220(b), designated existing provisions as par. (1), inserted reference to paragraphs (1), (2), and (3) of subsec. (b), and added par. (2).Enacted provision · exact public law section
(b) Appropriations.— Section 10(e) of the Act (16 U.S.C. 2106(e)) is amended— (1) by striking “(e)” and inserting “(e)(1)”; and (2) in paragraph (1) (as so redesignated), by inserting “paragraphs (1), (2), and (3) of” after “implement”; and (3) by adding at the end thereof the following: “(2) (A) There are hereby authorized to be appropriated annually $70,000,000 to carry out subsection (b)(4). Of the total amount appropriated to carry out subsection (b)(4)— “(i) one-half shall be available only for State foresters or equivalent State officials, and through them to other agencies and individuals, of which not less than $100,000 shall be made available to each State; and “(ii) one-half shall be available only for rural volunteer fire departments. “(B) The Federal share of the cost of any activity carried out with funds made available pursuant to this paragraph may not exceed 50 percent of the cost of that activity. The non-Federal share for such activity may be in the form of cash, services, or in kind contributions.”.Forest Stewardship Act of 1990
Pub. L. 101–624 § 1220(c) · 104 Stat. 3359
Added · 16 U.S.C. § 2106(g)
Pub. L. 101–624, § 1220(c), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–624, § 1220(c), added subsec. (g).Enacted provision · exact public law section
(c) Definitions.— Section 10 of the Act (16 U.S.C. 2106) (as amended by section 1215) is amended by adding at the end the following: “(g) As used in this section— “(1) the term ‘rural volunteer fire department’ means any organized, not for profit, fire protection organization that provides service primarily to a community or city with a population of 10,000 or less or to a rural area, as defined by the Secretary, whose firefighting personnel is 80 percent or more volunteer, and that is recognized as a fire department by the laws of the State; and “(2) the term ‘mobilization’ means any activity in which one fire fighting organization assists another that has requested assistance.”.Pub. L. 102–237 title X § 1018(a)(4) · 105 Stat. 1818
Substituted · 16 U.S.C. § 2106(g)(2)
Pub. L. 102–237 substituted “firefighting organization” for “fire fighting organization”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 102–237 substituted “firefighting organization” for “fire fighting organization”.Enacted provision · exact public law section
(4) in section 10(g)(2) (16 U.S.C. 2106(g)(2)), by striking “fire fighting organization” and inserting “firefighting organization”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
The Federal Fire Prevention and Control Act of 1974, referred to in subsecs. (b) and (d), is Pub. L. 93–498, , 88 Stat. 1535, which is classified principally to chapter 49 (§ 2201 et seq.) of Title 15, Commerce and Trade. For complete classification of the Act to the Code, see Short Title note set out under section 2201 of Title 15 and Tables.
Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was repealed by Pub. L. 107–171, title VI, § 6020(b)(1), , 116 Stat. 363.
Codification
In subsec. (c), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), , 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Prior Provisions
A prior section 10 of Pub. L. 95–313 was renumbered section 13 and is classified to section 2109 of this title.
Amendments1990–1991 · 2 rounds
1991
Subsec. (g)(2). Pub. L. 102–237 substituted “firefighting organization” for “fire fighting organization”.
1990
Subsec. (b)(4). Pub. L. 101–624, § 1220(a), added par. (4).
Subsec. (e). Pub. L. 101–624, § 1220(b), designated existing provisions as par. (1), inserted reference to paragraphs (1), (2), and (3) of subsec. (b), and added par. (2).
Subsec. (g). Pub. L. 101–624, § 1220(c), added subsec. (g).
Statutory Notes and Related Subsidiaries
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 vested in Secretary of Commerce pursuant to provisions of Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et seq., transferred to Director of Federal Emergency Management Agency pursuant to Reorg. Plan No. 3 of 1978, § 201, , 43 F.R. 41944, 92 Stat. 3788, set out in the Appendix to Title 5, Government Organization and Employees, effective , as provided by Ex. Ord. No. 12127, §§ 1–101, 1–103(a), , 44 F.R. 19637.
Credits
1978–1991 · 3 acts
- 1978Pub. L. 95–313, § 10, formerly § 7, , 92 Stat. 370
- 1990renumbered § 10 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1220, , 104 Stat. 3525, 3539
- 1991Pub. L. 102–237, title X, § 1018(a)(4), , 105 Stat. 1905.
Show as published
(Pub. L. 95–313, § 10, formerly § 7, , 92 Stat. 370; renumbered § 10 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1220, , 104 Stat. 3525, 3539; Pub. L. 102–237, title X, § 1018(a)(4), , 105 Stat. 1905.)