* Act of September 9, 1988 (P.L. 100-428; 102 Stat. 1615; 42 U.S.C. 1856m-1856o)

Definitions

Sec. 2. As used in this Act-

(1) the term "fire organization" means any governmental, public, or private entity having wildfire protec-tion resources;

(2) the term "wildfire protec-tion resources" means personnel, supplies, equipment, and other re-sources re-quired for wildfire presup-pression activities; and

(3) the term "wildfire" means any forest or range fire. (42 U.S.C. 1856m)

Implementation

Sec. 3. (a)(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 for-eign fire organization for mutual aid in furnishing wildfire protection resources for lands and other prop-erties for which such Secretary or organization normally provides wild-fire 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 in-curred by such party in furnishing wildfire protection resources for, or on behalf of, any other party there-to.

(b) In the absence of any agree-ment 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 for-eign fire organization when the accep-tance of such resources is determined by such Secretary to be in the best interest of the United States.

(c) Notwithstanding the preceding provisions of this section, reim-burse-ment may be provided for the costs incurred by the Government of Cana-da or Canadian organization in fur-nishing wildfire protection re-sources to the Government of the United States under-

(1) the memorandum entitled "Memorandum of Understanding Between the United States Depart-ment of Agriculture and Environ-ment 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 Gov-ernment of the United States of America" dated May 4, 1982.

(d) Any service performed by any employee of the United States under an agreement or otherwise under this Act shall constitute service rendered in the line of duty in such employ-ment. The performance of such service by any other individual shall not make such individual an employ-ee of the United States. (42 U.S.C. 1856n)

Funds

Sec. 4. Funds available to the Secretary of Agriculture or the Sec-retary 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 Act, or for reimburse-ments autho-rized under section 3(c): Provided, That no such funds may be expend-ed for wildfire protection resources or personnel provided by a foreign fire organization unless the Secre-tary determines that no wildfire protection resources or personnel within the United States are reason-ably avail-able to provide wildfire protection. (42 U.S.C. 1856o)