§1856n — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary of Agriculture or the Secretary of the Interior, after talking with the Secretary of State, can make reciprocal agreements with foreign firefighting groups to give and get help fighting wildfires on the lands and property they normally protect. Any such agreement must have each party give up claims for payment for loss, injury, or death that happen while helping, must allow any party to end the agreement with reasonable notice, and can include payment to cover some or all costs of the help. If no agreement exists, those Secretaries can still send or accept emergency wildfire help when doing so is in the best interest of the United States. Payments to Canada for help can be made under the June 25, 1982 memorandum between USDA and Environment Canada and the May 4, 1982 exchange-of-notes arrangement between the two governments. Federal employees who serve under these agreements are treated as working in the line of duty for their job. Other people who help do not become federal employees, except as provided in section 1856n–1.

Title 42, §1856n

The Public Health and Welfare — Source: USLM XML via OLRC

(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 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 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)(1)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.

(2)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.

Notes & Related Subsidiaries

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).

§1856n Implementation

Summary

Title 42, §1856n

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata