STATEMENT OF TIM HARTZELL,

DIRECTOR, OFFICE OF WILDLAND FIRE COORDINATION

U.S. DEPARTMENT OF THE INTERIOR

BEFORE THE HOUSE JUDICIARY COMMITTEE

CONCERNING THE NEED FOR

FEDERAL TORT CLAIMS COVERAGE OF

FOREIGN FIREFIGHTING PERSONNEL PROVIDING ASSISTANCE

TO THE UNITED STATES



JUNE 28, 2002

Mr. Chairman and Members of the Committee, I am Tim Hartzell, Director of the Office of Wildland Fire Coordination at the U.S. Department of the Interior. I thank you for providing me the opportunity to meet with you to discuss this very important issue.



Let me begin by saying that, because the Department of the Interior and the Department of Agriculture work closely together in wildland fire management, both agencies believe it is appropriate to use one statement to express our strong desire to see this problem addressed as quickly as possible.



Due to the increasing severity of the wildfires in the Western United States, the National Interagency Fire Center (NIFC) has declared a state of "Preparedness Level 5" -- indicating the highest level of risk and the need for the greatest degree of preparedness. With this in mind, there is a pressing need for approximately 100 seasonal firefighters with technical expertise in middle-level supervisory positions. The Australian states and New Zealand have these resources available and are willing to help.



By way of background, under the Wildfire Suppression Assistance Act of 1988, as amended, 42 U.S.C. §1856m, the Secretary of the Interior and the Secretary of Agriculture are authorized to enter into reciprocal agreements with foreign fire organizations for mutual aid in wildfire protection. After the devastating wildfires of 2000, where Australia and New Zealand provided significant assistance to the United States, longer-term agreements were negotiated with those countries. These agreements have not been implemented, however, due to concerns that the foreign firefighting personnel and their governments would face liability for alleged torts committed while their personnel were furnishing assistance to the United States. The Wildfire Suppression Assistance Act currently provides, at 42 U.S.C. §1856n(d), that foreign firefighting personnel are not considered employees of the United States when providing firefighting assistance. Thus, foreign firefighting personnel would not have the protections accorded by the Federal Tort Claims Act when providing assistance to the United States.



The proposed legislation would eliminate the risk of tort liability to foreign firefighters and their governments while foreign personnel are providing assistance to the United States by deeming foreign firefighters to be federal employees for the limited purpose of securing them coverage under the Federal Tort Claims Act. It would also require that foreign countries or states extend a reciprocal benefit to United States firefighters in the event the United States provides assistance to them, and it would make the laws of the host country the only source of remedies available for acts and omissions in firefighting activities in the host country. The proposed legislation further provides that neither the firefighter, the sending country, nor any organization associated with the firefighter shall be liable for any action resulting from fighting fires.



NIFC is continuing to work to secure assistance from the Australian and New Zealand government firefighting organizations. The proposed legislation will make it possible for the United States to receive the needed assistance from the Australian states and from New Zealand for the 2002 wildfire season, and beyond.



Mr. Chairman, this concludes my statement and I am happy to answer any questions you might have.