42 U.S.C. § 1856n — Implementation

Page 5070 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1856e propriated after the date of the enactment of this Act [Dec. 31, 2011].’’ § 1856e. Reimbursement of fire funds (a) Definition of State In this section, the term ‘‘State’’ means— (1) a State; and (2) the Commonwealth of Puerto Rico. (b) In general If a State seeks reimbursement for amounts expended for resources and services provided to another State for the management and suppres- sion of a wildfire, the Secretary, subject to sub- sections (c) and (d)— (1) may accept the reimbursement amounts from the other State; and (2) shall pay those amounts to the State seeking reimbursement. (c) Mutual assistance agreement As a condition of seeking and providing reim- bursement under subsection (b), the State seek- ing reimbursement and the State providing re- imbursement must each have a mutual assist- ance agreement with the Forest Service or an- other Federal agency for providing and receiving wildfire management and suppression resources and services. (d) Terms and conditions The Secretary may prescribe the terms and conditions determined to be necessary to carry out subsection (b). (e) Effect on prior reimbursements Any acceptance of funds or reimbursements made by the Secretary before February 7, 2014, that otherwise would have been authorized under this section shall be considered to have been made in accordance with this section. (Pub. L. 113–79, title VIII, § 8304, Feb. 7, 2014, 128 Stat. 924.) Editorial Notes CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of act May 27, 1955, which com- prises this subchapter. Section is comprised of section 8304 of Pub. L. 113–79. Subsec. (f) of section 8304 of Pub. L. 113–79 amended sec- tion 1856d of this title. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 9001 of Title 7, Agriculture. SUBCHAPTER II—WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION § 1856m. Definitions In this subchapter: (1) Assume any and all liability The term ‘‘assume any and all liability’’ means— (A) the payment of— (i) any judgment, settlement, fine, pen- alty, or cost assessment (including pre- vailing party legal fees) associated with the applicable litigation; and (ii) any cost incurred in handling the ap- plicable litigation (including legal fees); and (B) with respect to a Federal firefighter, arranging for, and paying the costs of, rep- resentation in the applicable litigation. (2) Federal firefighter The term ‘‘Federal firefighter’’ means an in- dividual furnished by the Secretary of Agri- culture or the Secretary of the Interior under an agreement entered into under section 1856n of this title. (3) Foreign fire organization The term ‘‘foreign fire organization’’ means any foreign governmental, public, or private entity that has wildfire protection resources. (4) Foreign firefighter The term ‘‘foreign firefighter’’ means an in- dividual furnished by a foreign fire organiza- tion under an agreement entered into under section 1856n of this title. (5) Wildfire The term ‘‘wildfire’’ means any forest or range fire. (6) Wildfire protection resources The term ‘‘wildfire protection resources’’ means any personnel, supplies, equipment, or other resources required for wildfire presuppression and suppression activities. (Pub. L. 100–428, § 2, as added Pub. L. 112–74, div. E, title IV, § 411(2), Dec. 23, 2011, 125 Stat. 1039.) Editorial Notes PRIOR PROVISIONS A prior section 1856m, Pub. L. 100–428, § 2, Sept. 9, 1988, 102 Stat. 1615, related to definitions, prior to re- peal by Pub. L. 112–74, div. E, title IV, § 411(2), Dec. 23, 2011, 125 Stat. 1039. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1989 AMENDMENT Pub. L. 101–11, § 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 Pub. L. 100–428, § 1, Sept. 9, 1988, 102 Stat. 1615, as amended by Pub. L. 112–74, div. E, title IV, § 411(1), Dec. 23, 2011, 125 Stat. 1039, provided that: ‘‘This Act [enact- ing this subchapter] may be cited as the ‘Emergency Wildfire Suppression Act’.’’ § 1856n. Implementation (a) Exchange of wildfire protection resources under a reciprocal agreement with a foreign fire organization (1) Authority to enter into a reciprocal agree- ment The Secretary of Agriculture or the Sec- retary of the Interior, in consultation with the Secretary of State, may enter into a recip- rocal agreement with any foreign fire organi- zation for mutual aid in furnishing wildfire protection resources for lands and other prop- Page 5071 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1856n–1 erties for which such Secretary or organiza- tion normally provides wildfire protection. (2) Requirements for a reciprocal agreement Any agreement entered into under this sub- section— (A) shall include a waiver by each party to the agreement of all claims against every other party to the agreement for compensa- tion for any loss, damage, personal injury, or death occurring in consequence of the per- formance 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 be- half 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 Agri- culture or the Secretary of the Interior may— (1) furnish emergency wildfire protection re- sources to any foreign nation when the fur- nishing of such resources is determined by such Secretary to be in the best interest of the United States; and (2) accept emergency wildfire protection re- sources from any foreign fire organization when the acceptance of such resources is de- termined by such Secretary to be in the best interest of the United States. (c) Reimbursement under agreements with Can- ada 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 wild- fire 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 For- estry-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 Govern- ment 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 oth- erwise 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 indi- vidual an employee of the United States. (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.) 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 head- ing. Subsec. (b)(1). Pub. L. 112–74, § 411(3)(B)(ii), sub- stituted ‘‘United States; and’’ for ‘‘United States, and’’. Subsec. (c). Pub. L. 112–74, § 411(3)(C), inserted head- ing. 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–1. Reciprocal agreements with liability coverage (a) Protection from liability for foreign fire- fighters and foreign fire organizations Subject to subsection (b), in an agreement with a foreign fire organization entered into under section 1856n of this title, 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 of- ficial duty under the agreement; and (2) any claim against the foreign fire organi- zation 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 associ- ated with the foreign firefighter is legally re- sponsible under applicable law, may be pros- ecuted 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 fire- fighters and the Federal Government The Secretary of Agriculture and the Sec- retary of the Interior may provide the protec- tions under subsection (a) if the foreign fire or- ganization agrees— (1) to assume any and all liability for any legal action brought against the Federal fire- fighter 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 jurisdic- tion over the foreign fire organization receiv- ing the services of the Federal firefighters, to assume any and all liability for any legal ac- tion brought against the United States or the legal organization arising out of— (A) an act or omission of the Federal fire- fighter 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 or-