§ 2210. — Reimbursement for costs of firefighting on Federal property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2210]
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
Sec. 2210. Reimbursement for costs of firefighting on Federal
property
(a) Filing of claims
Each fire service that engages in the fighting of a fire on property
which is under the jurisdiction of the United States may file a claim
with the Administrator for the amount of direct expenses and direct
losses incurred by such fire service as a result of fighting such fire.
The claim shall include such supporting information as the Administrator
may prescribe.
(b) Determination
Upon receipt of a claim filed under subsection (a) of this section,
the Administrator shall determine--
(1) what payments, if any, to the fire service or its parent
jurisdiction, including taxes or payments in lieu of taxes, the
United States has made for the support of fire services on the
property in question;
(2) the extent to which the fire service incurred additional
firefighting costs, over and above its normal operating costs, in
connection with the fire which is the subject of the claim; and
(3) the amount, if any, of the additional costs referred to in
paragraph (2) of this subsection which were not adequately covered
by the payments referred to in paragraph (1) of this subsection.
(c) Payment
The Director shall forward the claim and a copy of the
Administrator's determination under subsection (b)(3) of this section to
the Secretary of the Treasury. The Secretary of the Treasury shall, upon
receipt of the claim and determination, pay such fire service or its
parent jurisdiction, from any moneys in the Treasury not otherwise
appropriated but subject to reimbursement (from any appropriations which
may be available or which may be made available for the purpose) by the
Federal department or agency under whose jurisdiction the fire occurred,
a sum no greater than the amount determined with respect to the claim
under subsection (b)(3) of this section.
(d) Adjudication
In the case of a dispute arising in connection with a claim under
this section, the United States Court of Federal Claims shall have
jurisdiction to adjudicate the claim and enter judgment accordingly.
(Pub. L. 93-498, Sec. 11, Oct. 29, 1974, 88 Stat. 1543; Pub. L. 97-164,
title I, Sec. 146, Apr. 2, 1982, 96 Stat. 45; Pub. L. 102-572, title IX,
Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106-503, title I,
Sec. 110(a)(2)(B)(iii), Nov. 13, 2000, 114 Stat. 2302.)
Amendments
2000--Subsec. (c). Pub. L. 106-503 substituted ``Director shall
forward'' for ``Secretary shall forward''.
1992--Subsec. (d). Pub. L. 102-572 substituted ``United States Court
of Federal Claims'' for ``United States Claims Court''.
1982--Subsec. (d). Pub. L. 97-164 substituted ``United States Claims
Court'' for ``Court of Claims of the United States''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Functions of National Fire Prevention and Control Administration
[now United States Fire Administration] and National Academy for Fire
Prevention and Control generally transferred to Federal Emergency
Management Agency. For further details see Transfer of Functions note
set out under section 2202 of this title.
Section Referred to in Other Sections
This section is referred to in section 2216 of this title.
