Temporary Emergency Wildfire Suppression Act
PL 100-428 (S.2641), enacted 09/09/1988

PUBLIC LAW 100-428—SEPT. 9, 1988 
102 STAT. 1615 
Public Law 100-428 
100th Congress 
An Act 
Sept. 9, 1988 
[S. 2641] 
Temporary 
Emergency 
Wildfire 
Suppression Act. 
42 u s e 1856 
note. 
42 u s e 1856m. 
42 u s e 1856n. 
To authorize the Secretary of Agriculture and other agency heads to enter into 
agreements with foreign fire organizations for assistance in wildfire protection. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Temporary Emergency Wildfire Suppression Act". 
SEC. 2. DEFINITIONS. 
As used in this Act— 
(1) the term "fire organization" means any governmental, 
public, or private entity having wildfire protection resources; 
(2) the term "wildfire protection resources" means personnel, 
supplies, equipment, and other resources required for wildfire 
presuppression and suppression activities; and 
(3) the term "wildfire" means any forest or range fire. 
SEC. 3. IMPLEMENTATION. 
(a)(1) The Secretary of Agriculture or the Secretary of the Interior, 
in consultation with the Secretary of State, may enter into a recip-
rocal agreement with any foreign fire organization for mutual aid in 
furnishing wildfire protection resources for lands and other prop-
erties for which such Secretary or organization normally provides 
wildfire protection. 
(2) Any agreement entered into under this subsection— 
(A) shall include a waiver by each party to the agreement of Claims, 
all claims against every other party to the agreement for com-
pensation for any loss, damage, personal injury, or death occur-
ring 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) 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 deter-
mined 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 of the 
United States. 
(c) Notwithstanding the preceding provisions of this section, re- 
Canada, 
imbursement may be provided for the costs incurred by the Govern-
ment of Canada or a Canadian organization in furnishing wildfire 
102 STAT. 1616 
PUBLIC LAW 100-428—SEPT. 9, 1988 
protection resources to the Government of the United States 
under— 
(1) the memorandum entitled "Memorandum of Understand-
ing Between the United States Department of Agriculture and 
Environment 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 
Government 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 employment. The 
performance of such service by any other individual shall not make 
such individual an employee of the United States. 
42 u s e 18560. 
SEC. 4. FUNDS. 
Funds available to the Secretary of Agriculture or the Secretary 
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 reimbursements authorized under section 3(c): Pro-
vided, That no such funds may be expended for wildfire protection 
resources or personnel provided by a foreign fire organization unless 
the Secretary determines that no wildfire protection resources or 
personnel within the United States are reasonably available to 
provide wildfire protection. 
42 u s e 1856p. 
SEC. 5. TERMINATION DATE. 
The authority to enter into agreements under section 3(a), to 
furnish or accept emergency wildfire protection resources under 
section 3(b), or to incur obligations for reimbursement under section 
3(c), shall terminate on December 31, 1988. 
Approved September 9, 1988. 
LEGISLATIVE HISTORY—S. 2641: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 8, considered and passed Senate and House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 9, Presidential statement.