Page:United States Statutes at Large Volume 123.djvu/2978

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123STA T . 2 958PUBLIC LA W 111 – 88 —O CT. 3 0, 2009 PROHIB I T IO NW ITHIN N A TIONA LM ON U M E NT SS E C.41 1. Nofundspr o vi d e din th is Ac t mayb ee x pended to conduct pre l easin g, leasing and related activities under either the M ineral L easing Act (30U .S. C . 1 8 1etse q . ) or the O uter Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) w ithin the boundaries of a National Monument established pursuant to the Act of J une8,1 9 0 6 (16 U.S.C. 431 et seq.) as such boundary existed on January 2 0, 2001, except where such activities are allowed under the P residential proclamation establishing such monument. INTERNATIONAL F IREFI G HTER COOPERATI V E AGREEMENTS SEC. 412. I n entering into agreements with foreign fire organi z ations pursuant to the T emporary E mergency W ildfire Suppression Act (42 U.S.C. 18 5 6m – 1856o), the Secretary of Agri - culture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the fire organization receiving said services when the individuals are engaged in fire suppression or presuppression

Provide

d, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign fire organization agrees to assume any and all liability for the acts or omissions of American firefighters engaged in fire suppression or presuppression in a for- eign country: Provided fu r th er, That when an agreement is reached for furnishing fire suppression or presuppression services, the only remedies for acts or omissions committed while engaged in fire suppression or presuppression shall be those provided under the laws applicable to the fire organization receiving the fire suppres- sion or presuppression services, and those remedies shall be the exclusive remedies for any claim arising out of fire suppression or presuppression activities in a foreign country: Provided further, That neither the sending country nor any legal organization associ- ated with the firefighter shall be sub j ect to any legal action, con- sistent with the applicable laws governing sovereign immunity, pertaining to or arising out of the firefighter ’ s role in fire suppres- sion or presuppression, except that if the foreign fire organization is unable to provide immunity under laws applicable to it, it shall assume any and all liability for the United States or for any legal organization associated with the American firefighter, and for any and all costs incurred or assessed, including legal fees, for any act or omission pertaining to or arising out of the firefighter’s role in fire suppression or presuppression. CONTRACTING AUTHORITIES SEC. 413. In awarding a F ederal contract with funds made available by this Act, notwithstanding Federal G overnment procure- ment and contracting laws, the Secretary of Agriculture and the Secretary of the Interior (the ‘ ‘Secretaries’’) may, in evaluating bids and proposals, give consideration to local contractors who are from, and who provide employment and training for, dislocated and displaced wor k ers in an economically disadvantaged rural community, including those historically timber-dependent areas that have been affected by reduced timber harvesting on Federal Urban an d r u ra l ar e a s.Wi ld f ires.