110TH CONGRESS

1ST SESSION S. 975

AN ACT

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,
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1 SECTION 1. CONSENT OF CONGRESS.

2 (a) IN GENERAL.—The consent and approval of Con3 gress is given to an interstate forest fire protection com4 pact, as set out in subsection (b).

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

6 follows:

7 ‘‘THE GREAT PLAINS WILDLAND FIRE

8 PROTECTION AGREEMENT

9 ‘‘THIS AGREEMENT is entered into by and be10 tween the State, Provincial and Territorial wildland fire

11 protection agencies signatory hereto, hereinafter referred

12 to as ‘Members’.

13 ‘‘FOR, AND IN CONSIDERATION OF the fol14 lowing terms and conditions, the Members agree:

15 ‘‘ARTICLE I

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

17 prevention and control of forest fires in the Great Plains

18 region of the United States by the maintenance of ade19 quate forest fire fighting services by the member states,

20 and by providing for reciprocal aid in fighting forest fires

21 among the compacting states of the region, including

22 South Dakota, North Dakota, Wyoming, Colorado, and

23 any adjoining sate of a current member state.
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1 ‘‘ARTICLE II

2 ‘‘This compact is operative immediately as to those

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

4 have ratified it.

5 ‘‘ARTICLE III

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

7 the equivalent position who is responsible for forest fire

8 control may act as compact administrator for that state

9 and may consult with like officials of the other member

10 states and may implement cooperation between the states

11 in forest fire prevention and control. The compact admin12 istrators of the member states may organize to coordinate

13 the services of the member states and provide administra14 tive integration in carrying out the purposes of this com15 pact. Each member state may formulate and put in effect

16 a forest fire plan for that state.

17 ‘‘ARTICLE IV

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

19 state requests aid from the state forest fire control agency

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

21 preventing forest fires, the state forest fire control agency

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

23 agency, consonant with the maintenance of protection at

24 home.
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1 ‘‘ARTICLE V

2 ‘‘If the forces of any member state are rendering out3 side aid pursuant to the request of another member state

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

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

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

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

8 comparable employees of the state to which they are ren9 dering aid.

10 ‘‘No member state or its officers or employees ren11 dering outside aid pursuant to this compact is liable on

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

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

14 use of any equipment or supplies in connection with ren15 dering the outside aid.

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

17 compact, that may arise either under the laws of the re18 questing state or under the laws of the aiding state or

19 under the laws of a third state on account of or in connec20 tion with a request for aid, shall be assumed and borne

21 by the requesting state.

22 ‘‘Any member state rendering outside and pursuant

23 to this compact shall be reimbursed by the member state

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

25 incurred in the operation of any equipment answering a
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1 request for aid, and for the cost of all materials, transpor2 tation, wages, salaries, and maintenance of employees and

3 equipment incurred in connection with such request. How4 ever, nothing in this compact prevents any assisting mem5 ber state from assuming such loss, damage, expense, or

6 other cost or from loaning such equipment or from donat7 ing such services to the receiving member state without

8 charge or cost.

9 ‘‘Each member state shall assure that workers com10 pensation benefits in conformity with the minimum legal

11 requirements of the state are available to all employees

12 and contract firefighters sent to a requesting state pursu13 ant to this compact.

14 ‘‘For the purposes of this compact the term, em15 ployee, includes any volunteer or auxiliary legally included

16 within the forest fire fighting forces of the aiding state

17 under the laws of the aiding state.

18 ‘‘The compact administrators may formulate proce19 dures for claims and reimbursement under the provisions

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

21 states.

22 ‘‘ARTICLE VI

23 ‘‘Ratification of this compact does not affect any ex24 isting statute so as to authorize or permit curtailment or
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1 diminution of the forest fighting forces, equipment, serv2 ices, or facilities of any member state.

3 ‘‘Nothing in this compact authorizes or permits any

4 member state to curtail or diminish its forest fire fighting

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

6 state shall maintain adequate forest fighting forces and

7 equipment to meet demands for forest fire protection with8 in its borders in the same manner and to the same extent

9 as if this compact were not operative.

10 ‘‘Nothing in this compact limits or restricts the pow11 ers of any state ratifying the compact to provide for the

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

13 to prohibit the enactment or enforcement of state laws,

14 rules, or regulations intended to aid in the prevention, con15 trol, and extinguishment in the state.

16 ‘‘Nothing in this compact affects any existing or fu17 ture cooperative relationship or arrangement between the

18 United States Forest Service and a member state or

19 states.

20 ‘‘ARTICLE VII

21 ‘‘Representatives of the United States Forest Service

22 may attend meetings of the compact administrators.

23 ‘‘ARTICLE VIII

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

25 that relate to reciprocal aid in combating, controlling, or
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1 preventing forest fires are operative as between any state

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

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

4 regional forest fire protection compact in another region

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

6 to the mutual aid provisions of this compact.

7 ‘‘ARTICLE IX

8 ‘‘This compact shall continue in force and remain

9 binding on each state ratifying it until the Legislature or

10 the Governor of the state takes action to withdraw from

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

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

13 executive of the state desiring to withdraw to the chief

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

Passed the Senate July 13, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 975

AN ACT

Granting the consent and approval of Congress to

an interstate forest fire protection compact.