42 U.S.C. § 1856n: Implementation

Summary

Allows the Secretary of Agriculture or the Secretary of the Interior, after consulting the Secretary of State, to make mutual agreements with foreign firefighting groups to share wildfire protection resources for the lands they each protect. Each agreement must have a mutual waiver of claims for losses, injuries, or deaths that happen while carrying out the agreement, must allow any party to end the agreement after reasonable notice, and may let a party be reimbursed for some or all of its costs. If there is no agreement, those Secretaries may still send emergency wildfire help to, or accept it from, foreign nations when they decide it is in the best interest of the United States. The United States may reimburse Canada under two specific Canada agreements dated June 25, 1982 and May 4, 1982. Work done by U.S. employees under these rules counts as service in the line of duty. Except as provided in section 1856n–1, people who help but are not federal employees do not become federal employees.

Title 42, §1856n

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

(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 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)Requirements for a reciprocal agreement

Any agreement entered into under this subsection— (A)

(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)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—

(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)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—

(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)Service performed under this subchapter by Federal employees

(1)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.

(2)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.

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