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[110th Congress Public Law 79]
[From the U.S. Government Printing Office]

[DOCID: f:publ079.110]

[[Page 729]]

            THE GREAT PLAINS WILDLAND FIRE PROTECTION COMPACT

[[Page 121 STAT. 730]]

Public Law 110-79
110th Congress

                                 An Act

 
 Granting the consent and approval of Congress to an interstate forest 
      fire protection compact. <<NOTE: Aug. 13, 2007 -  [S. 975]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONSENT OF CONGRESS.

    (a) In General.--The consent and approval of Congress is given to an 
interstate forest fire protection compact, as set out in subsection (b).
    (b) Compact.--The compact reads substantially as follows:

          ``THE GREAT PLAINS WILDLAND FIRE PROTECTION AGREEMENT

    ``THIS AGREEMENT is entered into by and between the State, 
Provincial and Territorial wildland fire protection agencies signatory 
hereto, hereinafter referred to as `Members'.
    ``FOR, AND IN CONSIDERATION OF the following terms and conditions, 
the Members agree:

                               ``ARTICLE I

    ``The <<NOTE: State listing.>> purpose of this compact is to promote 
effective prevention and control of forest fires in the Great Plains 
region of the United States by the maintenance of adequate forest fire 
fighting services by the member states, and by providing for reciprocal 
aid in fighting forest fires among the compacting states of the region, 
including South Dakota, North Dakota, Wyoming, Colorado, and any 
adjoining sate of a current member state.

                              ``ARTICLE II

    ``This compact is operative immediately as to those states ratifying 
it if any two or more of the member states have ratified it.

                              ``ARTICLE III

    ``In each state, the state forester or officer holding the 
equivalent position who is responsible for forest fire control may act 
as compact administrator for that state and may consult with like 
officials of the other member states and may implement cooperation 
between the states in forest fire prevention and control. The compact 
administrators of the member states may organize

[[Page 121 STAT. 731]]

to coordinate the services of the member states and provide 
administrative integration in carrying out the purposes of this compact. 
Each member state may formulate and put in effect a forest fire plan for 
that state.

                              ``ARTICLE IV

    ``If the state forest fire control agency of a member state requests 
aid from the state forest fire control agency of any other member state 
in combating, controlling, or preventing forest fires, the state forest 
fire control agency of that state may render all possible aid to the 
requesting agency, consonant with the maintenance of protection at home.

                               ``ARTICLE V

    ``If the forces of any member state are rendering outside aid 
pursuant to the request of another member state under this compact, the 
employees of the state shall, under the direction of the officers of the 
state to which they are rendering aid, have the same powers (except the 
power of arrest), duties, rights, privileges, and immunities as 
comparable employees of the state to which they are rendering aid.
    ``No member state or its officers or employees rendering outside aid 
pursuant to this compact is liable on account of any act or omission on 
the part of such forces while so engaged, or on account of the 
maintenance or use of any equipment or supplies in connection with 
rendering the outside aid.
    ``All liability, except as otherwise provided in this compact, that 
may arise either under the laws of the requesting state or under the 
laws of the aiding state or under the laws of a third state on account 
of or in connection with a request for aid, shall be assumed and borne 
by the requesting state.
    ``Any member state rendering outside and pursuant to this compact 
shall be reimbursed by the member state receiving the aid for any loss 
or damage to, or expense incurred in the operation of any equipment 
answering a request for aid, and for the cost of all materials, 
transportation, wages, salaries, and maintenance of employees and 
equipment incurred in connection with such request. However, nothing in 
this compact prevents any assisting member state from assuming such 
loss, damage, expense, or other cost or from loaning such equipment or 
from donating such services to the receiving member state without charge 
or cost.
    ``Each member state shall assure that workers compensation benefits 
in conformity with the minimum legal requirements of the state are 
available to all employees and contract firefighters sent to a 
requesting state pursuant to this compact.
    ``For the purposes of this compact the term, employee, includes any 
volunteer or auxiliary legally included within the forest fire fighting 
forces of the aiding state under the laws of the aiding state.
    ``The compact administrators may formulate procedures for claims and 
reimbursement under the provisions of this article, in accordance with 
the laws of the member states.

[[Page 121 STAT. 732]]

                              ``ARTICLE VI

    ``Ratification of this compact does not affect any existing statute 
so as to authorize or permit curtailment or diminution of the forest 
fighting forces, equipment, services, or facilities of any member state.
    ``Nothing in this compact authorizes or permits any member state to 
curtail or diminish its forest fire fighting forces, equipment, 
services, or facilities. Each member state shall maintain adequate 
forest fighting forces and equipment to meet demands for forest fire 
protection within its borders in the same manner and to the same extent 
as if this compact were not operative.
    ``Nothing in this compact limits or restricts the powers of any 
state ratifying the compact to provide for the prevention, control, and 
extinguishment of forest fires, or to prohibit the enactment or 
enforcement of state laws, rules, or regulations intended to aid in the 
prevention, control, and extinguishment in the state.
    ``Nothing in this compact affects any existing or future cooperative 
relationship or arrangement between the United States Forest Service and 
a member state or states.

                              ``ARTICLE VII

    ``Representatives of the United States Forest Service may attend 
meetings of the compact administrators.

                             ``ARTICLE VIII

    ``The provisions of Articles IV and V of this compact that relate to 
reciprocal aid in combating, controlling, or preventing forest fires are 
operative as between any state party to this compact and any other state 
which is party to this compact and any other state that is party to a 
regional forest fire protection compact in another region if the 
Legislature of the other state has given its assent to the mutual aid 
provisions of this compact.

                              ``ARTICLE IX

    ``This compact shall continue in force and remain binding on each 
state ratifying it until the Legislature or the <<NOTE: Effective 
date. Notification.>> Governor of the state takes action to withdraw 
from the compact. Such action is not effective until six months after 
notice of the withdrawal 

[[Page 121 STAT. 733]]

has been sent by the chief executive of the state desiring to withdraw 
to the chief executives of all states then parties to the compact.''.

    Approved August 13, 2007.

LEGISLATIVE HISTORY--S. 975:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            July 13, considered and passed Senate.
            July 30, considered and passed House.

                                  <all>
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