Title 42 -- The Public Health and Welfare


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    42 USC CHAPTER 15A - RECIPROCAL FIRE PROTECTION
                  AGREEMENTS                                     01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    .
 
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    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
 
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            SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
    Sec.
    1856. Definitions.
    1856a. Authority to enter into reciprocal agreement; waiver of
      claims; reimbursement; ratification of prior agreements.
    1856a-1. Authority to enter into contracts with State and local
      governmental entities.
    1856b. Emergency assistance.
    1856c. Service in line of duty.
    1856d. Funds.
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
    1856m. Definitions.
    1856n. Implementation.
                  (a) Reciprocal agreement; waiver of claims;
                        termination of agreement; reimbursement.
                  (b) Emergency wildfire protection resources;
                        furnishing or accepting in absence of
                        agreement.
                  (c) Reimbursement of Canada.
                  (d) Service in line of duty.
    1856o. Funds.
    1856p. Repealed.
 
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    42 USC SUBCHAPTER I - PROTECTION OF UNITED STATES
                  PROPERTY                                       01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
    .
 
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    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    42 USC Sec. 1856                                             01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856. Definitions
 
-STATUTE-
      As used in this subchapter -
      (a) The term ''agency head'' means the head of any executive
    department, military department, agency, or independent
    establishment in the executive branch of the Government;
      (b) The term ''fire protection'' includes personal services and
    equipment required for fire prevention, the protection of life and
    property from fire, and fire fighting; and
      (c) The term ''fire organization'' means any governmental entity
    or public or private corporation or association maintaining fire
    protection facilities within the United States, its Territories and
    possessions, and any governmental entity or public or private
    corporation or association which maintains fire protection
    facilities in any foreign country in the vicinity of any
    installation of the United States.
 
-SOURCE-
    (May 27, 1955, ch. 105, Sec. 1, 69 Stat. 66.)
 
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    42 USC Sec. 1856a                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856a. Authority to enter into reciprocal agreement; waiver of
        claims; reimbursement; ratification of prior agreements
 
-STATUTE-
      (a) Each agency head charged with the duty of providing fire
    protection for any property of the United States is authorized to
    enter into a reciprocal agreement, with any fire organization
    maintaining fire protection facilities in the vicinity of such
    property, for mutual aid in furnishing fire protection for such
    property and for other property for which such organization
    normally provides fire protection.  Each such agreement shall
    include a waiver by each party of all claims against every other
    party for compensation for any loss, damage, personal injury, or
    death occurring in consequence of the performance of such
    agreement.  Any such agreement may provide for the reimbursement of
    any party for all or any part of the cost incurred by such party in
    furnishing fire protection for or on behalf of any other party.
      (b) Any agreement heretofore executed which would have been
    authorized by this subchapter, if this subchapter had been in
    effect on the date of execution thereof, is ratified and confirmed.
 
-SOURCE-
    (May 27, 1955, ch. 105, Sec. 2, 69 Stat. 66.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1856b, 1856c of this
    title.
 
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    42 USC Sec. 1856a-1                                          01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856a-1. Authority to enter into contracts with State and
        local governmental entities
 
-STATUTE-
      Notwithstanding any other provision of law, in fiscal year 1992
    and thereafter, the Secretary of the Interior, the Secretary of
    Agriculture, the Secretary of Energy, and the Secretary of the
    Smithsonian Institution are authorized to enter into contracts with
    State and local governmental entities, including local fire
    districts, for procurement of services in the presuppression,
    detection, and suppression of fires on any units within their
    jurisdiction.
 
-SOURCE-
    (Pub. L. 102-154, title III, Sec. 309, Nov. 13, 1991, 105 Stat.
    1034.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Department of the Interior and
    Related Agencies Appropriations Act, 1992, and not as part of act
    May 27, 1955, which comprises this subchapter.
 
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                              PRIOR PROVISIONS
      Provisions similar to those in this section were contained in the
    following prior appropriation act: Pub. L. 101-512, title III, Sec.
    310, Nov. 5, 1990, 104 Stat. 1959.
 
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    42 USC Sec. 1856b                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856b. Emergency assistance
 
-STATUTE-
      In the absence of any agreement authorized or ratified by section
    1856a of this title, each agency head is authorized to render
    emergency assistance in extinguishing fires and in preserving life
    and property from fire, within the vicinity of any place at which
    such agency maintains fire-protection facilities, when the
    rendition of such assistance is determined, under regulations
    prescribed by the agency head, to be in the best interest of the
    United States.
 
-SOURCE-
    (May 27, 1955, ch. 105, Sec. 3, 69 Stat. 67.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 1856c of this title.
 
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    42 USC Sec. 1856c                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856c. Service in line of duty
 
-STATUTE-
      Any service performed under section 1856a or section 1856b of
    this title, by any officer or employee of the United States or any
    member of any armed force of the United States shall constitute
    service rendered in line of duty in such office, employment, or
    force.  The performance of such service by any other individual
    shall not constitute such individual an officer or employee of the
    United States for the purposes of subchapter I of chapter 81 of
    title 5.
 
-SOURCE-
    (May 27, 1955, ch. 105, Sec. 4, 69 Stat. 67.)
 
-COD-
                                CODIFICATION
      ''Subchapter I of chapter 81 of title 5'' substituted for ''the
    Federal Employees' Compensation Act, as amended'' on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.
 
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    42 USC Sec. 1856d                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY
 
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    Sec. 1856d. Funds
 
-STATUTE-
      Funds available to any agency head for fire protection on
    installations or in connection with activities under the
    jurisdiction of such agency may be used to carry out the purposes
    of this subchapter.  All sums received by any agency head for fire
    protection rendered pursuant to this subchapter shall be covered
    into the Treasury as miscellaneous receipts.
 
-SOURCE-
    (May 27, 1955, ch. 105, Sec. 5, 69 Stat. 67.)
 
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    42 USC SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN
                  FIRE ORGANIZATION                              01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
    .
 
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    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
 
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    42 USC Sec. 1856m                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
 
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    Sec. 1856m. Definitions
 
-STATUTE-
      As used in this subchapter -
        (1) the term ''fire organization'' means any governmental,
      public, or private entity having wildfire protection resources;
        (2) the term ''wildfire protection resources'' means personnel,
      supplies, equipment, and other resources required for wildfire
      presuppression and suppression activities; and
        (3) the term ''wildfire'' means any forest or range fire.
 
-SOURCE-
    (Pub. L. 100-428, Sec. 2, Sept. 9, 1988, 102 Stat. 1615.)
 
-MISC1-
                       SHORT TITLE OF 1989 AMENDMENT
      Pub. L. 101-11, Sec. 1, Apr. 7, 1989, 103 Stat. 15, provided
    that: ''This Act (repealing section 1856p of this title) may be
    cited as the 'Wildfire Suppression Assistance Act'.''
                                SHORT TITLE
      Section 1 of Pub. L. 100-428 provided: ''That this Act (enacting
    this subchapter) may be cited as the 'Temporary Emergency Wildfire
    Suppression Act'.''
 
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    42 USC Sec. 1856n                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
 
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    Sec. 1856n. Implementation
 
-STATUTE-
    (a) Reciprocal agreement; waiver of claims; termination of
        agreement; reimbursement
      (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) Emergency wildfire protection resources; furnishing or
        accepting in absence of agreement
      In the absence of any agreement authorized under subsection (a)
    of this section, 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 of 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 in line of duty
      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.  The
    performance of such service by any other individual shall not make
    such individual an employee of the United States.
 
-SOURCE-
    (Pub. L. 100-428, Sec. 3, Sept. 9, 1988, 102 Stat. 1615.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1856o, 1856p of this
    title.
 
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    42 USC Sec. 1856o                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
 
-HEAD-
    Sec. 1856o. Funds
 
-STATUTE-
      Funds available to the Secretary of Agriculture or the Secretary
    of the Interior for wildfire protection resources in connection
    with activities under the jurisdiction of such Secretary may be
    used to carry out activities authorized under agreements or
    otherwise under this subchapter, or for reimbursements authorized
    under section 1856n(c) of this title: Provided, That no such funds
    may be expended for wildfire protection resources or personnel
    provided by a foreign fire organization unless the Secretary
    determines that no wildfire protection resources or personnel
    within the United States are reasonably available to provide
    wildfire protection.
 
-SOURCE-
    (Pub. L. 100-428, Sec. 4, Sept. 9, 1988, 102 Stat. 1616.)
 
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    42 USC Sec. 1856p                                            01/05/99
 
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    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS
    SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
 
-HEAD-
    Sec. 1856p. Repealed. Pub. L. 101-11, Sec. 2, Apr. 7, 1989, 103
        Stat. 15
 
-MISC1-
      Section, Pub. L. 100-428, Sec. 5, Sept. 9, 1988, 102 Stat. 1616,
    provided that authority to enter into agreements, to furnish or
    accept emergency wildfire protection resources, or to incur
    obligations for reimbursement under section 1856n of this title was
    to terminate Dec. 31, 1988.


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