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B-160998 1 (1978-04-13)

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                           'HE *M coPT -' ENERAL
 DECISION      .  .     .   1P TPIm um   ..0   erAirms
                         NAC  HINSTCN.     .TA. 2sE



 FILE: B-160998                DATE:  April 13, 1978

 MATTER  OF:  Fede:-al Fire Prevention and Control Act
              of 1974
 DIGEST:      Section 11 of the Federal Fire Prevention
              and Control Act of 1974 may be construed
              as constituting permanent indefinite appro-
              priation authority for Secretary of the
              Treasury to pay certified claims by local
              fire fighting districts or departments for
              services performed on Federal property.
              However, amounts paid from section 11
              appropriation are subject to reimburse-
              ment, by the Federal agencies under whose
              jurisdiction the fire occurred, from
              appropriations available or which may be
              made available for the purpose.

     An Assistant Director in the Fiscal Service, Bureau
of GovernmentFinancial  Operations, Department of the
Treasury, asked whether section 11 of the Federal Fire
Prevention and Cantrol Act of 1974 (Act), Pub. L. No.
93-498, October 29, 1974, 98 Stat. 1535, 15 U.S.C. I1
2201 et se . (1976), should be construed as establishing
permanent indefinite authority fo: drawing moneys from
the Treasury.

     Section 11, 15 U.S.C. 0 2210. provides that a local
fire protection district or fire department may be reim-
bursed for the direct losses and direct costs it incurs
in fighting fires on Federal property.  Pursuant to the
Act, the Secretary of the Treasury is responsible for
paying claims submitted by local fire departments or
districts in amounts not to exceed the sum determined
to be due by the Administrator of the National Fire
Prevention and Control Administration in the Department
of Commerce.  Section 11 provides that, once the
Administrator determines the amount which a fire depart-
ment is entitle' to nave reimbursed,

     (c) The Secretary [of Commerce' shall forward
     the claim and a copy of the Adr'.nistrator's
     determination under subsection (b)(3) of this

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