42 U.S.C. § 1856m — Definitions

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-