§ 2106. — Rural fire prevention and control.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2106]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2106. Rural fire prevention and control
(a) Congressional findings
Congress finds that--
(1) significant accomplishments have been made by the Secretary
and cooperating States in the prevention and control of fires on
forest lands and on nonforested watersheds for more than fifty
years;
(2) progress is being made by the Secretary and cooperating
States and rural communities in the protection of human lives,
agricultural crops and livestock, property and other improvements,
and natural resources from fires in rural areas;
(3) notwithstanding the accomplishments and progress that have
been made, fire prevention and control on rural lands and in rural
communities are of continuing high priority to protect human lives,
agricultural crops and livestock, property and other improvements,
and natural resources;
(4) the effective cooperative relationships between the
Secretary and the States regarding fire prevention and control on
rural lands and in rural communities should be retained and
improved;
(5) efforts in fire prevention and control in rural areas should
be coordinated among Federal, State, and local agencies; and
(6) in addition to providing assistance to State and local rural
fire prevention and control programs, the Secretary should provide
prompt and adequate assistance whenever a rural fire emergency
overwhelms, or threatens to overwhelm, the firefighting capability
of the affected State or rural area.
(b) Implementation of provisions
Notwithstanding the Federal Fire Prevention and Control Act of 1974
[15 U.S.C. 2201 et seq.] the Secretary is authorized, under whatever
conditions the Secretary may prescribe, to--
(1) cooperate with State foresters or equivalent State officials
in developing systems and methods for the prevention, control,
suppression, and prescribed use of fires on rural lands and in rural
communities that will protect human lives, agricultural crops and
livestock, property and other improvements, and natural resources;
(2) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, for the prevention, control,
suppression, and prescribed use of fires on non-Federal forest lands
and other non-Federal lands;
(3) provide financial, technical, and related assistance to
State foresters or equivalent State officials in cooperative efforts
to organize, train, and equip local firefighting forces, including
those of Indian tribes or other native groups, to prevent, control,
and suppress fires threatening human lives, crops, livestock,
farmsteads or other improvements, pastures, orchards, wildlife,
rangeland, woodland, and other resources in rural areas. As used
herein, the term ``rural areas'' shall have the meaning set out in
the first clause of section 1926(a)(7) \1\ of title 7; and
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\1\ See References in Text note below.
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(4) provide financial, technical, and related assistance to
State foresters or equivalent State officials, and through them to
other agencies and individuals, including rural volunteer fire
departments, to conduct preparedness and mobilization activities,
including training, equipping, and otherwise enabling State and
local firefighting agencies to respond to requests for fire
suppression assistance.
(c) Encouragement of use of excess personal property by State and local
fire forces receiving assistance; cooperation and assistance of
Administrator of General Services
The Secretary, with the cooperation and assistance of the
Administrator of General Services, shall encourage the use of excess
personal property (within the meaning of the Federal Property and
Administrative Services Act of 1949) by State and local fire forces
receiving assistance under this section.
(d) Coordination of assistance with assistance of Secretary of Commerce
under Federal fire prevention and control provisions
To promote maximum effectiveness and economy, the Secretary shall
seek to coordinate the assistance the Secretary provides under this
section with the assistance provided by the Secretary of Commerce under
the Federal Fire Prevention and Control Act of 1974 [15 U.S.C. 2201 et
seq.].
(e) Authorization of appropriations for implementation of provisions
(1) There are hereby authorized to be appropriated annually such
sums as may be needed to implement paragraphs (1), (2), and (3) of
subsection (b) of this section.
(2)(A) There are hereby authorized to be appropriated annually
$70,000,000 to carry out subsection (b)(4) of this section. Of the total
amount appropriated to carry out subsection (b)(4) of this section--
(i) one-half shall be available only for State foresters or
equivalent State officials, and through them to other agencies and
individuals, of which not less than $100,000 shall be made available
to each State; and
(ii) one-half shall be available only for rural volunteer fire
departments.
(B) The Federal share of the cost of any activity carried out with
funds made available pursuant to this paragraph may not exceed 50
percent of the cost of that activity. The non-Federal share for such
activity may be in the form of cash, services, or in kind contributions.
(f) Special rural fire disaster fund; establishment, appropriations,
etc.
There shall be established in the Treasury a special rural fire
disaster fund that shall be immediately available to and used by the
Secretary to supplement any other money available to carry out this
section with respect to rural fire emergencies, as determined by the
Secretary. The Secretary shall determine that State and local resources
are fully used or will be fully used before expending money in the
disaster fund to assist a State in which one or more rural fire
emergencies exist. There are hereby authorized to be appropriated such
sums as may be needed to establish and replenish the disaster fund
established by this subsection.
(g) Definitions
As used in this section--
(1) the term ``rural volunteer fire department'' means any
organized, not for profit, fire protection organization that
provides service primarily to a community or city with a population
of 10,000 or less or to a rural area, as defined by the Secretary,
whose firefighting personnel is 80 percent or more volunteer, and
that is recognized as a fire department by the laws of the State;
and
(2) the term ``mobilization'' means any activity in which one
firefighting organization assists another that has requested
assistance.
(Pub. L. 95-313, Sec. 10, formerly Sec. 7, July 1, 1978, 92 Stat. 370;
renumbered Sec. 10 and amended Pub. L. 101-624, title XII,
Secs. 1215(1), 1220, Nov. 28, 1990, 104 Stat. 3525, 3539; Pub. L. 102-
237, title X, Sec. 1018(a)(4), Dec. 13, 1991, 105 Stat. 1905.)
References in Text
The Federal Fire Prevention and Control Act of 1974, referred to in
subsecs. (b) and (d), is Pub. L. 93-498, Oct. 29, 1974, 88 Stat. 1535,
as amended, which is classified principally to chapter 49 (Sec. 2201 et
seq.) of Title 15, Commerce and Trade. For complete classification of
the Act to the Code, see Short Title note set out under section 2201 of
Title 15 and Tables.
Section 1926(a)(7) of title 7, referred to in subsec. (b)(3), was
repealed by Pub. L. 107-171, title VI, Sec. 6020(b)(1), May 13, 2002,
116 Stat. 363.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Prior Provisions
A prior section 10 of Pub. L. 95-313 was renumbered section 13 and
is classified to section 2109 of this title.
Amendments
1991--Subsec. (g)(2). Pub. L. 102-237 substituted ``firefighting
organization'' for ``fire fighting organization''.
1990--Subsec. (b)(4). Pub. L. 101-624, Sec. 1220(a), added par. (4).
Subsec. (e). Pub. L. 101-624, Sec. 1220(b), designated existing
provisions as par. (1), inserted reference to paragraphs (1), (2), and
(3) of subsec. (b), and added par. (2).
Subsec. (g). Pub. L. 101-624, Sec. 1220(c), added subsec. (g).
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 vested in Secretary of Commerce pursuant to provisions of
Federal Fire Prevention Control Act of 1974, 15 U.S.C. 2201 et seq.,
transferred to Director of Federal Emergency Management Agency pursuant
to Reorg. Plan No. 3 of 1978, Sec. 201, June 19, 1978, 43 F.R. 41944, 92
Stat. 3788, set out in the Appendix to Title 5, Government Organization
and Employees, effective Apr. 1, 1979, as provided by Ex. Ord. No.
12127, Secs. 1-101, 1-103(a), Mar. 31, 1979, 44 F.R. 19637.
Section Referred to in Other Sections
This section is referred to in section 2106b of this title.
