43 C.F.R. PART 28—FIRE PROTECTION EMERGENCY ASSISTANCE


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior

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PART 28—FIRE PROTECTION EMERGENCY ASSISTANCE

Section Contents
§ 28.1   Purpose.
§ 28.2   Definitions.
§ 28.3   Emergency assistance.


Authority:  Act of May 27, 1955 (42 U.S.C. 1856, 1856b).

Source:  41 FR 51794, Nov. 24, 1976, unless otherwise noted.

§ 28.1   Purpose.
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The purpose of this part is to provide criteria for agencies in the Department to render fire protection emergency assistance to fire organizations not within the Department.

§ 28.2   Definitions.
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As used in this part:

(a) The term agency head means the Secretary of the Interior or an official of the Department of the Interior who exercises authority delegated by the Secretary of the Interior.

(b) The term fire protection includes personnel services and equipment required for fire prevention, the protection of life and property, and firefighting; and

§ 28.3   Emergency assistance.
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In the absence of a reciprocal fire protection agreement, each agency head may provide emergency fire protection will not jeopardize the property of the United States by making it impossible for the agency head to protect the property of the United States and such assistance is determined to be in the best interest of the United States. The providing of emergency assistance shall not be in the best interest of the United States and may not be granted by an agency head if:

(a) Persons other than those currently employed by the agency at the time of the emergency and trained in the type of emergency assistance being provided would be used in the providing of the emergency assistance.

(b) Assistance is provided to a place more than an hour's travel from where the agency maintains fire protection facilities. Assistance which requires more than an hour's travel may be given for those fire emergencies threatening to last more than 12 hours, or endangering human life.

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