US (United States) Code. Title 42. Chapter 15A: Reciprocal fire protection agreements

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 15A - RECIPROCAL FIRE PROTECTION

AGREEMENTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

-HEAD-

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

-MISC1-

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 Repealed.

-End-

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42 USC SUBCHAPTER I - PROTECTION OF UNITED STATES

PROPERTY 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-End-

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42 USC Sec. 1856 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.)

-End-

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42 USC Sec. 1856a 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.

-End-

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42 USC Sec. 1856a-1 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.

-MISC1-

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.

-End-

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42 USC Sec. 1856b 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.

-End-

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42 USC Sec. 1856c 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.

-End-

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42 USC Sec. 1856d 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER I - PROTECTION OF UNITED STATES PROPERTY

-HEAD-

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.)

-End-

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42 USC SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN

FIRE ORGANIZATION 01/06/03

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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-

SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION

-End-

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42 USC Sec. 1856m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 15A - RECIPROCAL FIRE PROTECTION AGREEMENTS

SUBCHAPTER II - WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION

-HEAD-

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'."

-End-

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42 USC Sec. 1856n 01/06/03

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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. 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.

-End-

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42 USC Sec. 1856o 01/06/03

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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.)

-End-

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42 USC Sec. 1856p 01/06/03

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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.

-End-