IA

105TH CONGRESS

2D SESSION S. J. RES. 35

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1998

Referred to the Committee on the Judiciary

JOINT RESOLUTION

Granting the consent of Congress to the Pacific Northwest

Emergency Management Arrangement.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 Congress consents to the Pacific Northwest Emer5 gency Management Arrangement entered into between the

6 States of Alaska, Idaho, Oregon, and Washington, and the

7 Province of British Columbia and the Yukon Territory.

8 The arrangement is substantially as follows:

9 ‘‘PACIFIC NORTHWEST EMERGENCY

10 MANAGEMENT ARRANGEMENT

11 ‘‘Whereas, Pacific Northwest emergency management

12 arrangement between the government of the States of

13 Alaska, the government of the State of Idaho, the gov-
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1 ernment of the State of Oregon, the government of

2 the State of Washington, the government of the State

3 of the Providence of British Columbia, and the gov4 ernment of Yukon Territory hereinafter referred to

5 collectively as the ‘Signatories’ and separately as a

6 ‘Signatory’;

7 ‘‘Whereas, the Signatories recognize the importance

8 of comprehensive and coordinated civil emergency pre9 paredness, response and recovery measures for natu10 ral and technological emergencies or disasters, and for

11 declared or undeclared hostilities including enemy at12 tack;

13 ‘‘Whereas, the Signatories further recognize the bene14 fits of coordinating their separate emergency pre15 paredness, response and recovery measures with that

16 of contiguous jurisdictions for those emergencies, dis17 asters, or hostilities affecting or potentially affecting

18 any one or more of the Signatories in the Pacific

19 Northwest; and

20 ‘‘Whereas, the Signatories further recognize that re21 gionally based emergency preparedness, response and

22 recovery measures will benefit all jurisdictions within

23 the Pacific Northwest, and best serve their respective

24 national interests in cooperative and coordinated

25 emergency preparedness as facilitated by the Consult-
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1 ative Group on Comprehensive Civil Emergency and

2 Management established in the Agreement Between

3 the government of the United States of America and

4 the government of Canada on Cooperation and Com5 prehensive Civil Emergency Planning and Manage6 ment signed at Ottawa, Ontario, Canada on April 28,

7 1986: Now, therefore, be it is hereby agreed by and

8 between each and all of the Signatories hereto as fol9 lows:

10 ‘‘ADVISORY COMMITTEE

11 ‘‘(1) An advisory committee named the Western Re12 gional Emergency Management Advisory Committee (W–

13 REMAC) shall be established which will include one mem14 ber appointed by each Signatory.

15 ‘‘(2) The W–REMAC will be guided by the agreed16 upon Terms of Reference-Annex A.

17 ‘‘PRINCIPLES OF COOPERATION

18 ‘‘(3) Subject to the laws of each Signatory, the follow19 ing cooperative principles are to be used as a guide by

20 the Signatories in civil emergency matters which may af21 fect more than one Signatory:

22 ‘‘(A) The authorities of each Signatory may

23 seek the advice, cooperation, or assistance of any

24 other Signatory in any civil emergency matter.

25 ‘‘(B) Nothing in the arrangement shall derogate

26 from the applicable laws within the jurisdiction of
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1 any Signatory. However, the authorities of any Sig2 natory may request from the authorities of any other

3 signatory appropriate alleviation of such laws if their

4 normal application might lead to delay or difficulty

5 in the rapid execution of necessary civil emergency

6 measures.

7 ‘‘(C) Each Signatory will use its best efforts to

8 facilitate the movement of evacuees, refugees, civil

9 emergency personnel, equipment or other resources

10 into or across its territory, or to a designated stag11 ing area when it is agreed that such movement or

12 staging will facilitate civil emergency operations by

13 the affected or participating Signatories.

14 ‘‘(D) In times of emergency, each Signatory will

15 use its best efforts to ensure that the citizens or

16 residents of any other Signatory present in its terri17 tory are provided emergency health services and

18 emergency social services in a manner no less favor19 able than that provided to its own citizens.

20 ‘‘(E) Each Signatory will use discretionary

21 power as far as possible to avoid levy of any tax, tar22 iff, business license, or user fees on the services,

23 equipment, and supplies of any other Signatory

24 which is engaged in civil emergency activities in the

25 territory of another Signatory, and will use its best
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1 efforts to encourage local governments or other ju2 risdictions within its territory to do likewise.

3 ‘‘(F) When civil emergency personnel, con4 tracted firms or personnel, vehicles, equipment, or

5 other services from any Signatory are made available

6 to or are employed to assist any other Signatory, all

7 providing Signatories will use best efforts to ensure

8 that charges, levies, or costs for such use or assist9 ance will not exceed those paid for similar use of

10 such resources within their own territory.

11 ‘‘(G) Each Signatory will exchange contact lists,

12 warning and notification plans, and selected emer13 gency plans and will call to the attention of their re14 spective local governments and other jurisdictional

15 authorities in areas adjacent to intersignatory

16 boundaries, the desirability of compatibility of civil

17 emergency plans and the exchange of contact lists,

18 warning and notification plans, and selected emer19 gency plans.

20 ‘‘(H) The authority of any Signatory conduct21 ing an exercise will ensure that all other signatories

22 are provided an opportunity to observe, and/or par23 ticipate in such exercises.
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1 ‘‘COMPREHENSIVE NATURE

2 ‘‘(4) This document is a comprehensive arrangement

3 on civil emergency planning and management. To this end

4 and from time to time as necessary, all Signatories shall—

5 ‘‘(A) review and exchange their respective con6 tact lists, warning and notification plans, and se7 lected emergency plans; and

8 ‘‘(B) as appropriate, provide such plans and

9 procedures to local governments, and other emer10 gency agencies within their respective territories.

11 ‘‘ARRANGEMENT NOT EXCLUSIVE

12 ‘‘(5) This is not an exclusive arrangement and shall

13 not prevent or limit other civil emergency arrangements

14 of any nature between Signatories to this arrangement.

15 In the event of any conflicts between the provisions of this

16 arrangement and any other arrangement regarding emer17 gency service entered into by two or more States of the

18 United States who are Signatories to this arrangement,

19 the provisions of that other arrangement shall apply, with

20 respect to the obligations of those States to each other,

21 and not the conflicting provisions of this arrangement.

22 ‘‘AMENDMENTS

23 ‘‘(6) This Arrangement and the Annex may be

24 amended (and additional Annexes may be added) by ar25 rangement of the Signatories.
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1 ‘‘CANCELLATION OR SUBSTITUTION

2 ‘‘(7) Any Signatory to this Arrangement may with3 draw from or cancel their participation in this Arrange4 ment by giving sixty days, written notice in advance of

5 this effective date to all other Signatories.

6 ‘‘AUTHORITY

7 ‘‘(8) All Signatories to this Arrangement warrant

8 they have the power and capacity to accept, execute, and

9 deliver this Arrangement.

10 ‘‘EFFECTIVE DATE

11 ‘‘(9) Notwithstanding any dates noted elsewhere, this

12 Arrangement shall commence April 1, 1996.’’.

13 SEC. 2. INCONSISTENCY OF LANGUAGE.

14 The validity of the arrangements consented to by this

15 Act shall not be affected by any insubstantial difference

16 in their form or language as adopted by the States and

17 provinces.

18 SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.

19 The right to alter, amend, or repeal this Act is hereby

20 expressly reserved.

Passed the Senate July 31, 1998.

Attest: GARY SISCO,

Secretary.