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42 U.S.C. § 1856n–1 — Reciprocal agreements with liability coverage

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1856n–1 — Reciprocal agreements with liability coverage

**(a) Protection from liability for foreign firefighters and foreign fire organizations** Subject to subsection (b), in an agreement with a foreign fire organization entered into under [section 1856n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856n&num=0&edition=prelim), the Secretary of Agriculture and the Secretary of the Interior may provide that— (1) a foreign firefighter shall be considered to be an employee of the United States for purposes of tort liability while the foreign firefighter is acting within the scope of an official duty under the agreement; and (2) any claim against the foreign fire organization or any legal organization associated with the foreign firefighter that arises out of an act or omission of the foreign firefighter in the performance of an official duty under the agreement, or that arises out of any other act, omission, or occurrence for which the foreign fire organization or legal organization associated with the foreign firefighter is legally responsible under applicable law, may be prosecuted only— (A) against the United States; and (B) as if the act or omission were the act or omission of an employee of the United States. **(b) Protection from liability for Federal firefighters and the Federal Government** The Secretary of Agriculture and the Secretary of the Interior may provide the protections under subsection (a) if the foreign fire organization agrees— (1) to assume any and all liability for any legal action brought against the Federal firefighter for an act or omission of the Federal firefighter while acting within the scope of an official duty under the agreement; and (2) to the extent the United States or any legal organization associated with the Federal firefighter is no

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1856n–1

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Stable record: federal_law:legal_authorities:record_usc_18ba236354f34b91afa6ecb1
Source file: Laws/federal/codes/united-states-code/title-42/section-1856n1-reciprocal-agreements-with-liability-coverage--bd1f9128d7.md
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Source location: Title 42, Chapter 15A, § 1856n–1; chapter-15a-reciprocal-fire-protection-agreements.md

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**(a) Protection from liability for foreign firefighters and foreign fire organizations** Subject to subsection (b), in an agreement with a foreign fire organization entered into under [section 1856n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856n&num=0&edition=prelim), the Secretary of Agriculture and the Secretary of the Interior may provide that— (1) a foreign firefighter shall be considered to be an employee of the United States for purposes of tort liability while the foreign firefighter is acting within the scope of an official duty under the agreement; and (2) any claim against the foreign fire organization or any legal organization associated with the foreign firefighter that arises out of an act or omission of the foreign firefighter in the performance of an official duty under the agreement, or that arises out of any other act, omission, or occurrence for which the foreign fire organization or legal organization associated with the foreign firefighter is legally responsible under applicable law, may be prosecuted only— (A) against the United States; and (B) as if the act or omission were the act or omission of an employee of the United States. **(b) Protection from liability for Federal firefighters and the Federal Government** The Secretary of Agriculture and the Secretary of the Interior may provide the protections under subsection (a) if the foreign fire organization agrees— (1) to assume any and all liability for any legal action brought against the Federal firefighter for an act or omission of the Federal firefighter while acting within the scope of an official duty under the agreement; and (2) to the extent the United States or any legal organization associated with the Federal firefighter is not entitled to immunity from the jurisdiction of the courts having jurisdiction over the foreign fire organization receiving the services of the Federal firefighters, to assume any and all liability for any legal action brought against the United States or the legal organization arising out of— (A) an act or omission of the Federal firefighter in the performance of an official duty under the agreement; or (B) any other act, omission, or occurrence for which the United States or the legal organization associated with the Federal firefighter is legally responsible under the laws applicable to the foreign fire organization.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1856n — Implementation

**(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 o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1856n

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