II 

110TH CONGRESS 

1ST SESSION S. 975 

Granting the consent and approval of Congress to an interstate forest fire 

protection compact. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2007 

Mr. THUNE (for himself, Mr. ENZI, Mr. THOMAS, Mr. ALLARD, and Mr. 

SALAZAR) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

Granting the consent and approval of Congress to an 

interstate forest fire protection compact. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONSENT OF CONGRESS. 

4 (a) IN GENERAL.—The consent and approval of Con5 gress is given to an interstate forest fire protection com6 pact, as set out in subsection (b). 

7 (b) COMPACT.—The compact reads substantially as 

8 follows: 


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1 ‘‘THE GREAT PLAINS WILDLAND FIRE 

2 PROTECTION AGREEMENT 

3 ‘‘THIS AGREEMENT is entered into by and be4 tween the State, Provincial and Territorial wildland fire 

5 protection agencies signatory hereto, hereinafter referred 

6 to as ‘Members’. 

7 ‘‘FOR, AND IN CONSIDERATION OF the fol8 lowing terms and conditions, the Members agree: 

9 ‘‘ARTICLE I 

10 ‘‘The purpose of this compact is to promote effective 

11 prevention and control of forest fires in the Great Plains 

12 region of the United States by the maintenance of ade13 quate forest fire fighting services by the member states, 

14 and by providing for reciprocal aid in fighting forest fires 

15 among the compacting states of the region, including 

16 South Dakota, North Dakota, Wyoming, Colorado, and 

17 any adjoining sate of a current member state. 

18 ‘‘ARTICLE II 

19 ‘‘This compact is operative immediately as to those 

20 states ratifying it if any two or more of the member states 

21 have ratified it. 

22 ‘‘ARTICLE III 

23 ‘‘In each state, the state forester or officer holding 

24 the equivalent position who is responsible for forest fire 

25 control may act as compact administrator for that state 


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1 and may consult with like officials of the other member 

2 states and may implement cooperation between the states 

3 in forest fire prevention and control. The compact admin4 istrators of the member states may organize to coordinate 

5 the services of the member states and provide administra6 tive integration in carrying out the purposes of this com7 pact. Each member state may formulate and put in effect 

8 a forest fire plan for that state. 

9 ‘‘ARTICLE IV 

10 ‘‘If the state forest fire control agency of a member 

11 state requests aid from the state forest fire control agency 

12 of any other member state in combating, controlling, or 

13 preventing forest fires, the state forest fire control agency 

14 of that state may render all possible aid to the requesting 

15 agency, consonant with the maintenance of protection at 

16 home. 

17 ‘‘ARTICLE V 

18 ‘‘If the forces of any member state are rendering out19 side aid pursuant to the request of another member state 

20 under this compact, the employees of the state shall, under 

21 the direction of the officers of the state to which they are 

22 rendering aid, have the same powers (except the power 

23 of arrest), duties, rights, privileges, and immunities as 

24 comparable employees of the state to which they are ren25 dering aid. 


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1 ‘‘No member state or its officers or employees ren2 dering outside aid pursuant to this compact is liable on 

3 account of any act or omission on the part of such forces 

4 while so engaged, or on account of the maintenance or 

5 use of any equipment or supplies in connection with ren6 dering the outside aid. 

7 ‘‘All liability, except as otherwise provided in this 

8 compact, that may arise either under the laws of the re9 questing state or under the laws of the aiding state or 

10 under the laws of a third state on account of or in connec11 tion with a request for aid, shall be assumed and borne 

12 by the requesting state. 

13 ‘‘Any member state rendering outside and pursuant 

14 to this compact shall be reimbursed by the member state 

15 receiving the aid for any loss or damage to, or expense 

16 incurred in the operation of any equipment answering a 

17 request for aid, and for the cost of all materials, transpor18 tation, wages, salaries, and maintenance of employees and 

19 equipment incurred in connection with such request. How20 ever, nothing in this compact prevents any assisting mem21 ber state from assuming such loss, damage, expense, or 

22 other cost or from loaning such equipment or from donat23 ing such services to the receiving member state without 

24 charge or cost. 


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1 ‘‘Each member state shall assure that workers com2 pensation benefits in conformity with the minimum legal 

3 requirements of the state are available to all employees 

4 and contract firefighters sent to a requesting state pursu5 ant to this compact. 

6 ‘‘For the purposes of this compact the term, em7 ployee, includes any volunteer or auxiliary legally included 

8 within the forest fire fighting forces of the aiding state 

9 under the laws of the aiding state. 

10 ‘‘The compact administrators may formulate proce11 dures for claims and reimbursement under the provisions 

12 of this article, in accordance with the laws of the member 

13 states. 

14 ‘‘ARTICLE VI 

15 ‘‘Ratification of this compact does not affect any ex16 isting statute so as to authorize or permit curtailment or 

17 diminution of the forest fighting forces, equipment, serv18 ices, or facilities of any member state. 

19 ‘‘Nothing in this compact authorizes or permits any 

20 member state to curtail or diminish its forest fire fighting 

21 forces, equipment, services, or facilities. Each member 

22 state shall maintain adequate forest fighting forces and 

23 equipment to meet demands for forest fire protection with24 in its borders in the same manner and to the same extent 

25 as if this compact were not operative. 


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1 ‘‘Nothing in this compact limits or restricts the pow2 ers of any state ratifying the compact to provide for the 

3 prevention, control, and extinguishment of forest fires, or 

4 to prohibit the enactment or enforcement of state laws, 

5 rules, or regulations intended to aid in the prevention, con6 trol, and extinguishment in the state. 

7 ‘‘Nothing in this compact affects any existing or fu8 ture cooperative relationship or arrangement between the 

9 United States Forest Service and a member state or 

10 states. 

11 ‘‘ARTICLE VII 

12 ‘‘Representatives of the United States Forest Service 

13 may attend meetings of the compact administrators. 

14 ‘‘ARTICLE VIII 

15 ‘‘The provisions of Articles IV and V of this compact 

16 that relate to reciprocal aid in combating, controlling, or 

17 preventing forest fires are operative as between any state 

18 party to this compact and any other state which is party 

19 to this compact and any other state that is party to a 

20 regional forest fire protection compact in another region 

21 if the Legislature of the other state has given its assent 

22 to the mutual aid provisions of this compact. 

23 ‘‘ARTICLE IX 

24 ‘‘This compact shall continue in force and remain 

25 binding on each state ratifying it until the Legislature or 


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1 the Governor of the state takes action to withdraw from 

2 the compact. Such action in not effective until six months 

3 after notice of the withdrawal has been sent by the chief 

4 executive of the state desiring to withdraw to the chief 

5 executives of all states then parties to the compact.’’. 

Æ 


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