TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13039 

________________________________________________________________________ 

WILDFIRE PROTECTION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and MEXICO 

Signed at Mexico City June 4, 1999 

and 

 

Amending Agreement 

Signed at Washington November 12, 2003 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 MEXICO 

 Wildfire Protection 

Agreement signed at Mexico City June 4, 1999; 

Entered into force June 4, 1999. 

And amending agreement. 

Signed at Washington November 12, 2003; 

Entered into force November 12, 2003. 
WILDFIRE PROTECTION AGREEMENT BETWEEN

THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF AGRICULTURE

OF THE UNITED STATES OF AMERICA AND THE SECRETARIAT OF

ENVIRONMENT, NATURAL RESOURCES, AND FISHERIES OF

THE UNITED MEXICAN STATES FOR THE COMMON BORDER

The Department of the Interior and the Department of Agriculture

of the United States of America, on the one hand, and the

Secretariat of Environment, Natural Resources, and Fisheries of

the United Mexican States, on the other hand (hereinafter

referred to as the Parties);

CONSIDERING that many of the land areas along the approximately

3,200 kilometer (2,000 miles) United States-Mexico border are

located such that wildfires in one country may become a threat to

the resources of the other country; and

RECOGNIZING that it is desirable and in the public interest to

provide for coordinated action between both countries to

facilitate effective use of wildfire protection resources to

suppress wildfires on both sides of the border;

HEREBY AGREE AS FOLLOWS:

ARTICLE I

Purpose

The purpose of this Agreement is to enable wildfire protection

resources originating in the territory of one country to cross

the United States-Mexico border in order to suppress wildfires on

the other side of the border within the zone of mutual assistance

in appropriate circumstances.

The purpose of this Agreement is further to give authority for

Parties to cooperate on other fire management activities outside

the zone of mutual assistance.

ARTICLE II

Definitions

For the purposes of this agreement:

1. "Wildfire" means a fire that occurs in a "wildland" area,

such as a range or forest, in which development is

essentially non-existent except for roads, railroads, power

lines, and similar transportation facilities, and structures,

which if these exist, are widely scattered and are used

primarily for recreation or agricultural purposes.
2. "Wildfire protection resources" means personnel, supplies,

equipment, aircraft, vehicles, vessels, radios and specialized

machinery or other resources, whether owned or contracted, that

are intended for wildfire suppression or the transport of

wildfire suppression equipment or personnel.

3. "Zone of mutual assistance" means the area of up to 16

kilometers (10 miles) on each side of the United States-Mexico

border.

4. "Receiving Party" means the Party receiving wildfire

protection resources.

5. "Sending Party" means the party furnishing wildfire

protection resources.

ARTICLE III

Obligations

1. Each Party shall immediately consider the request of the

other Party, whether a Receiving Party or a Sending Party, for

cross-border movement of wildfire protection resources within the

zone of mutual assistance, and, to the fullest extent

practicable, promptly approve such request.

2. The Parties shall ensure that annual operating plans are

generated in accordance with Article VII.

3. Each Party may obtain, as appropriate, the participation of

its state, regional, local, private or tribal fire organizations

in the implementation of this Agreement, subject to its national

laws and regulations.

ARTICLE IV

Reimbursement

Each Party shall assume all of its costs and expenses of

furnishing wildland fire protection resources, including costs

for lost or damaged wildfire protection resources, according to

the performance of this Agreement, unless otherwise agreed by the

Parties.

ARTICLE V

Cross-Waiver of Claims

1. Each Party hereby waives its claims against the other Party

for compensation for loss, damage, personal injury, or death

occurring as a consequence of the performance of this Agreement.
2. Each Party shall, by contract or otherwise, extend the crosswaiver of liability set forth in paragraph 1 above to any

contractors or subcontractors or agents or any state, regional,

local, private or tribal fire organizations it may designate or

assign to perform activities under this Agreement.

3. The cross-waiver of liability set forth in paragraph 1 above

shall not apply to:

(a) Claims between a Party and its agencies, employees,

contractors, subcontractors or agents;

(b) Claims arising from willful misconduct; and

(c) Claims arising from criminal conduct.

ARTICLE VI

Entry of Personnel and Equipment

The Parties are committed to work together, with the involved

agencies of their respective governments, to process appropriate

legal documentation, within the applicable laws and regulations

of both countries, and to otherwise facilitate entry to and exit

from its territory of all personnel engaged in wildfire

protection pursuant to this Agreement. Also, each Party shall

undertake all reasonable steps and use its best efforts, within

applicable laws and regulations of both countries, to facilitate

the admission of all supplies, equipment, aircraft, vehicles,

specialized machinery, or other equipment whether owned or

contracted, that are used or intended for use in wildfire

suppression or transport of wildfire suppression equipment or

personnel pursuant to this Agreement without entry fees and

without payment of any duties or taxes imposed by reason of

importation.

ARTICLE VII

Annual Operating Plans

1. Annual Operating Plans shall be concluded and executed

between the Parties.

2. Each Annual Operating Plan shall:

(a) Identify designated points of contact responsible for

fire suppression within the applicable subregion within the

zone of mutual assistance.

(b) Set forth specific criteria for approving requests for

wildfire protection resources;

3
(c) Develop plans for mobilization of wildfire protection

resources on each side of the United States-Mexico border;

(d) Establish procedures for efficient and timely

communication of relevant information between designated

points of contact;

(e) Provide for complete and timely reporting and recordkeeping of all wildfire suppression incidents occurring in

the subregion within the zone of mutual assistance;

(f) Identify the necessary procedures and legal

documentation, which are to be completed, with agencies of

the governments, for the expeditious cross-border movement

of wildfire protection resources;

(g) Specify the conditions and procedures for the

reimbursement, as deemed appropriate, of the Sending Party

for the-furnishing of wildfire protection resources; and

(h) Include terms consistent with Article V, a crosswaiver for compensation for loss, damage, personal injury,

or death occurring in consequence of the performance of

this Agreement.

3. The Parties may recommend the development of operating plans

for other fire management activities outside the zone of mutual

assistance, subject to the approval of their respective

governments.

4. The Parties shall maintain on file copies of all Annual

Operating Plans.

ARTICLE VIII

Status of Personnel

1. Any service performed in furtherance of this Agreement by an

employee of a Party shall constitute service performed on behalf

of that Party.

2. The performance of a service under this Agreement by any

employee, contractor, subcontractor or agent of one Party shall

in no case render such person an employee, contractor,

subcontractor or agent of the other Party.

4
ARTICLE IX

Legal Considerations and Relationship to other Agreements

1. Activities under this Agreement shall be subject to the

applicable laws, regulations, and policies of each Party and

subject to the availability of funds.

2. This Agreement is without prejudice to rights and obligations

of the Parties under existing bilateral and multilateral

agreements.

ARTICLE X

Dispute Settlement

Any differences that arise in the interpretation or application

of the provisions of this Agreement or any Annual Operating Plan

negotiated pursuant hereto, shall be resolved by the Parties by

means of negotiations and consultations.

ARTICLE XI

Final Provisions

1. This Agreement shall enter into force upon signature by the

Parties and shall remain in force for five years.

2. This Agreement may only be amended or extended by mutual,

written agreement of the Parties, and such agreement shall

specify the date upon which such amendments shall take effect.

3. This Agreement may be terminated at any time by either Party

upon six months written notice to the other Party.

4. The termination of this Agreement shall not affect the

implementation of any fire suppression effort being carried out

under this Agreement at the time when it was in force.
Bruce Babbitt Julia Carabias Lillo

Signed in Mexico City, this fourth day of June, 1999, in three

originals, in the English and Spanish languages, all texts being

equally authentic.

FOR THE UNITED STATES	 FOR THE SECRETARIAT OF ENVIRONMENT,

DEPARTMENT OF THE INTERIOR: 	NATURAL RESOURCES AND FISHERIES OF

THE UNITED MEXICAN STATES

6

Secretary	 Secretary

FOR THE UNITED STATES

DEPARTMENT OF AGRICULTURE

Anne Kennedy

Deputy Under Secretary

For Environment and Natural

Resources
AMENDMENT TO THE WILDFIRE PROTECTION AGREEMENT

BETWEEN THE DEPARTMENT OF THE INTERIOR AND THE DEPARTMENT OF

AGRICULTURE OF THE UNITED STATES OF AMERICA AND THE SECRETARIAT OF

ENVIRONMENT, NATURAL RESOURCES, AND FISHERIES OF THE UNITED MEXICAN

STATES FOR THE COMMON BORDER

Pursuant to its Article XI, the Wildfire Protection Agreement between the

Department of the Interior and the Department of Agriculture of the United States of America

and the Secretariat of Environment, Natural Resources, and Fisheries of the United Mexican

States for the Common Border, signed in Mexico City on June 4, 1999 (the Agreement), is

hereby amended in the following manner:

The title of the Agreement is amended to be The Wildfire Protection Agreement

between the Department of the Interior and the Department of Agriculture of the United States

of America and the Secretariat of Environment and Natural Resources and the National Forestry

Commission of the United Mexican States for the Common Border.

The Preamble is amended such that the "Parties" to the agreement are the

Department of the Interior and the Department of Agriculture of the United States of America

and the Secretariat of Environment and Natural Resources and the National Forestry

Commission of the United Mexican States.

Article XI is amended such that the Agreement is extended for an additional ten

years, and said extension shall take effect on June 4, 2004. All other amendments shall take

effect immediately.

DONE at Washington, this twelfth day of November, 2003, in the English and

Spanish languages, both texts being equally authentic. 7

THE UNITED STATES

DEPARTMENT OF THE INTERIOR

FOR THE SECRETARIAT OF

ENVIRONMENT AND NATURAL

RESOURCES OF THE UNITED

MEXICAN STATES

FOR THE UNITED STATES AGRICULTURE

DEPARTMENT OF	AGRICULTURE

FOREST SERVICE

FOR THE NATIONAL FORESTRY

COMMISSION OF THE UNITED

MEXICAN STATES