Title 42 — The Public Health and Welfare
Chapter 15A — Reciprocal Fire Protection Agreements
§ 1856n. Implementation
Statutory text
Exchange of wildfire protection resources under a reciprocal agreement with a foreign fire organization
Authority to enter into a reciprocal agreement
The Secretary of Agriculture or the Secretary of the Interior, in consultation with the Secretary of State, may enter into a reciprocal agreement with any foreign fire organization for mutual aid in furnishing wildfire protection resources for lands and other properties for which such Secretary or organization normally provides wildfire protection.
Requirements for a reciprocal agreement
Any agreement entered into under this subsection—
shall include a waiver by each party to the agreement of all claims against every other party to the agreement for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement;
shall include a provision to allow the termination of such agreement by any party thereto after reasonable notice; and
may provide for the reimbursement of any party thereto for all or any part of the costs incurred by such party in furnishing wildfire protection resources for, or on behalf of, any other party thereto.
Exchange of wildfire protection resources without a reciprocal agreement
In the absence of any agreement authorized under subsection (a), the Secretary of Agriculture or the Secretary of the Interior may—
furnish emergency wildfire protection resources to any foreign nation when the furnishing of such resources is determined by such Secretary to be in the best interest of the United States; and
accept emergency wildfire protection resources from any foreign fire organization when the acceptance of such resources is determined by such Secretary to be in the best interest of the United States.
Reimbursement under agreements with Canada
Notwithstanding the preceding provisions of this section, reimbursement may be provided for the costs incurred by the Government of Canada or a Canadian organization in furnishing wildfire protection resources to the Government of the United States under—
the memorandum entitled “Memorandum of Understanding Between the United States Department of Agriculture and Environment Canada on Cooperation in the Field of Forestry-Related Programs” dated ; and
the arrangement entitled “Arrangement in the Form of an Exchange of Notes Between the Government of Canada and the Government of the United States of America” dated .
Service performed under this subchapter by Federal employees
In general
Any service performed by any employee of the United States under an agreement or otherwise under this subchapter shall constitute service rendered in the line of duty in such employment.
Effect
Except as provided in section 1856n–1 of this title, the performance of such service by any other individual shall not make such individual an employee of the United States.
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.
Temporary Emergency Wildfire Suppression Act
Pub. L. 100–428 § 3 · 102 Stat. 1615
Enacted · 42 U.S.C. § 1856n
Pub. L. 100–428, § 3, Sept. 9, 1988, 102 Stat. 1615
Source evidence
Code source credit
Pub. L. 100–428, § 3, Sept. 9, 1988, 102 Stat. 1615Enacted provision · exact public law section
SEC. 3. IMPLEMENTATION. (a) (1) The Secretary of Agriculture or the Secretary of the Interior, in consultation with the Secretary of State, may enter into a reciprocal agreement with any foreign fire organization for mutual aid in furnishing wildfire protection resources for lands and other properties for which such Secretary or organization normally provides wildfire protection. (2) Any agreement entered into under this subsection— (A) shall include a waiver by each party to the agreement of Claims. all claims against every other party to the agreement for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement; (B) shall include a provision to allow the termination of such agreement by any party thereto after reasonable notice; and (C) may provide for the reimbursement of any party thereto for all or any part of the costs incurred by such party in furnishing wildfire protection resources for, or on behalf of, any other party thereto. (b) In the absence of any agreement authorized under subsection (a), the Secretary of Agriculture or the Secretary of the Interior may— (1) furnish emergency wildfire protection resources to any foreign nation when the furnishing of such resources is determined by such Secretary to be in the best interest of the United States, and (2) accept emergency wildfire protection resources from any foreign fire organization when the acceptance of such resources is determined by such Secretary to be in the best interest of the United States. (c) Notwithstanding the preceding provisions of this section, reimbursement Canada. may be provided for the costs incurred by the Government of Canada or a Canadian organization in furnishing wildfire protection resources to the Government of the United States under— (1) the memorandum entitled “Memorandum of Understanding Between the United States Department of Agriculture and Environment Canada on Cooperation in the Field of Forestry-Related Programs” dated June 25, 1982; and (2) the arrangement entitled “Arrangement in the Form of an Exchange of Notes Between the Government of Canada and the Government of the United States of America” dated May 4, 1982. (d) Any service performed by any employee of the United States under an agreement or otherwise under this Act shall constitute service rendered in the line of duty in such employment. The performance of such service by any other individual shall not make such individual an employee of the United States.Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012
Pub. L. 112–74 § 411(3)(A) · 125 Stat. 1040
Inserted · 42 U.S.C. § 1856n(a)
Pub. L. 112–74, § 411(3)(A), inserted headings for subsec. (a) and pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–74, § 411(3)(A), inserted headings for subsec. (a) and pars. (1) and (2).Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “(a)(1) The Secretary of Agriculture” and inserting the following: “(a) Exchange of Wildfire Protection Resources Under a Reciprocal Agreement With a Foreign Fire Organization.— “(1) Authority to enter into a reciprocal agreement.— The Secretary of Agriculture” ; and (ii) in paragraph (2), by striking “(2) Any agreement” and inserting the following: “(2) Requirements for a reciprocal agreement.— Any agreement” ;Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012
Pub. L. 112–74 § 411(3)(B)(i) · 125 Stat. 1040
Inserted · 42 U.S.C. § 1856n(b)
Pub. L. 112–74, § 411(3)(B)(i), inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–74, § 411(3)(B)(i), inserted heading.Enacted provision · exact public law section
(i) by striking “(b) In the absence” and inserting the following: “(b) Exchange of Wildfire Protection Resources Without a Reciprocal Agreement.— In the absence” ; andDepartment of the Interior, Environment, and Related Agencies Appropriations Act, 2012
Pub. L. 112–74 § 411(3)(B)(ii) · 125 Stat. 1040
Substituted · 42 U.S.C. § 1856n(b)(1)
Pub. L. 112–74, § 411(3)(B)(ii), substituted “United States; and” for “United States, and”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 112–74, § 411(3)(B)(ii), substituted “United States; and” for “United States, and”.Enacted provision · exact public law section
(ii) in paragraph (1), by striking “United States, and” and inserting “United States; and”;Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012
Pub. L. 112–74 § 411(3)(C) · 125 Stat. 1040
Inserted · 42 U.S.C. § 1856n(c)
Pub. L. 112–74, § 411(3)(C), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–74, § 411(3)(C), inserted heading.Enacted provision · exact public law section
(C) in subsection (c), by striking “(c) Notwithstanding” and inserting the following: “(c) Reimbursement Under Agreements With Canada.— Notwithstanding” ; andDepartment of the Interior, Environment, and Related Agencies Appropriations Act, 2012
Pub. L. 112–74 § 411(3)(D) · 125 Stat. 1040
Inserted · 42 U.S.C. § 1856n(d)
Pub. L. 112–74, § 411(3)(D), inserted subsec. heading
Amended · 42 U.S.C. § 1856n(d)
Pub. L. 112–74, § 411(3)(D), designated first and second sentences as pars. (1) and (2), respectively
Inserted · 42 U.S.C. § 1856n(d)
Pub. L. 112–74, § 411(3)(D), inserted par. headings
Substituted · 42 U.S.C. § 1856n(d)
Pub. L. 112–74, § 411(3)(D), substituted “Except as provided in section 1856n–1 of this title, the” for “The” in par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–74, § 411(3)(D), inserted subsec. heading, designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and substituted “Except as provided in section 1856n–1 of this title, the” for “The” in par. (2).Enacted provision · exact public law section
(D) in subsection (d)— (i) by striking, “(d) Any service” and inserting the following: “(d) Service Performed Under This Act by Federal Employees.— “(1) In general.— Any service” ; and (ii) in the second sentence, by striking “The” and inserting the following: “(2) Effect.— Except as provided in section 4, the” ;
9 of 9 references resolved to an enrolled provision
Editorial Notes
Amendments
2011—Subsec. (a). Pub. L. 112–74, § 411(3)(A), inserted headings for subsec. (a) and pars. (1) and (2).
Subsec. (b). Pub. L. 112–74, § 411(3)(B)(i), inserted heading.
Subsec. (b)(1). Pub. L. 112–74, § 411(3)(B)(ii), substituted “United States; and” for “United States, and”.
Subsec. (c). Pub. L. 112–74, § 411(3)(C), inserted heading.
Subsec. (d). Pub. L. 112–74, § 411(3)(D), inserted subsec. heading, designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and substituted “Except as provided in section 1856n–1 of this title, the” for “The” in par. (2).
Credits
1988–2011 · 2 acts
- 1988Pub. L. 100–428, § 3, , 102 Stat. 1615
- 2011Pub. L. 112–74, div. E, title IV, § 411(3), , 125 Stat. 1040.
Show as published
(Pub. L. 100–428, § 3, , 102 Stat. 1615; Pub. L. 112–74, div. E, title IV, § 411(3), , 125 Stat. 1040.)