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42 U.S.C. § 1856nImplementation

submitted 38 years ago by Pub. L. 100-428 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 458 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes mutual wildfire-aid agreements with foreign fire organizations and emergency exchanges without such agreements. It addresses Canadian reimbursement and the status of people performing service.

(a) Exchange under a reciprocal agreement. (1) The Secretary of Agriculture or Interior, after consulting the Secretary of State, may make a reciprocal agreement with a foreign fire organization for mutual aid in providing wildfire-protection resources for land and other property that the Secretary or organization normally protects. (2) The agreement must require each party to waive all claims against every other party for compensation for loss, damage, personal injury, or death resulting from carrying out the agreement. It must allow any party to end the agreement after reasonable notice. It may provide reimbursement for all or part of a party’s costs of providing resources for or for another party. (b) Without an agreement. The Secretary of Agriculture or Interior may provide emergency wildfire-protection resources to a foreign nation when doing so is in the United States’ best interest, and may accept such resources from a foreign fire organization when accepting them is in that interest. (c) Canada. Reimbursement may be provided for costs Canada or a Canadian organization incurs providing resources to the United States under the June 25, 1982 memorandum between the Agriculture Department and Environment Canada, or the May 4, 1982 arrangement between Canada and the United States. (d) Federal employees. (1) Service by a United States employee under an agreement or otherwise under this subchapter is service in the line of duty in that employment. (2) Except as provided in section 1856n–1, service by another person does not make that person a United States employee.
the actual law source: uscode.house.gov ↗public domain
(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)

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) 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.

Source credit: (Pub. L. 100–428, § 3, Sept. 9, 1988, 102 Stat. 1615; Pub. L. 112–74, div. E, title IV, § 411(3), Dec. 23, 2011, 125 Stat. 1040.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-428 · 102 Stat. 1615
  • 2011Amended · Pub. L. 112-74 · 125 Stat. 1040

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-428 on 1988-09-09.

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