S. 1134

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

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

compact.

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 NORTHWEST 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

‘‘1.1 The purpose of this Agreement is to promote effective

prevention, presuppression and control of forest fires in the Northwest wildland region of the United States and adjacent areas of

Canada (by the Members) by providing mutual aid in prevention,

presuppression and control of wildland fires, and by establishing

procedures in operating plans that will facilitate such aid.

‘‘Article II

‘‘2.1 The agreement shall become effective for those Members ratifying it whenever any two or more Members, the States

of Oregon, Washington, Alaska, Idaho, Montana, or the Yukon

Territory, or the Province of British Columbia, or the Province

of Alberta have ratified it.

‘‘2.2 Any State, Province, or Territory not mentioned in

this Article which is contiguous to any Member may become a

party to this Agreement subject to unanimous approval of the

Members.
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‘‘Article III

‘‘3.1 The role of the Members is to determine from time

to time such methods, practices, circumstances and conditions as

may be found for enhancing the prevention, presuppression, and

control of forest fires in the area comprising the Member’s territory;

to coordinate the plans and the work of the appropriate agencies

of the Members; and to coordinate the rendering of aid by the

Members to each other in fighting wildland fires.

‘‘3.2 The Members may develop cooperative operating plans

for the programs covered by this Agreement. Operating plans shall

include definition of terms, fiscal procedures, personnel contacts,

resources available, and standards applicable to the program. Other

sections may be added as necessary.

‘‘Article IV

‘‘4.1 A majority of Members shall constitute a quorum for

the transaction of its general business. Motions of Members present

shall be carried by a simple majority except as stated in Article

II. Each Member will have one vote on motions brought before

them.

‘‘Article V

‘‘5.1 Whenever a Member requests aid from any other Member in controlling or preventing wildland fires, the Members agree,

to the extent they possibly can, to render all possible aid.

‘‘Article VI

‘‘6.1 Whenever the forces of any Member are aiding another

Member under this Agreement, the employees of such Member

shall operate under the direction of the officers of the Member

to which they are rendering aid and be considered agents of the

Member they are rendering aid to and, therefore, have the same

privileges and immunities as comparable employees of the Member

to which the are rendering aid.

‘‘6.2 No Member or its officers or employees rendering aid

within another State, Territory, or Province, pursuant to this Agreement shall be 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 therewith

to the extent authorized by the laws of the Member receiving

the assistance. The receiving Member, to the extent authorized

by the laws of the State, Territory, or Province, agrees to indemnify

and save-harmless the assisting Member from any such liability.

‘‘6.3 Any Member rendering outside aid pursuant to this

Agreement shall be reimbursed by the Member receiving such aid

for any loss or damage to, or expense incurred in the operation

of any equipment and for the cost of all materials, transportation,

wages, salaries and maintenance of personnel and equipment

incurred in connection with such request in accordance with the

provisions of the previous section. Nothing contained herein shall

prevent any assisting Member from assuming such loss, damage,
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expense or other cost or from loaning such equipment or from

donating such services to the receiving Member without charge

or cost.

‘‘6.4 For purposes of the Agreement, personnel shall be

considered employees of each sending Member for the payment

of compensation to injured employees and death benefits to the

representatives of deceased employees injured or killed while rendering aid to another Member pursuant to this Agreement.

‘‘6.5 The Members shall formulate procedures for claims

and reimbursement under the provisions of this Article.

‘‘Article VII

‘‘7.1 When appropriations for support of this agreement,

or for the support of common services in executing this agreement,

are needed, costs will be allocated equally among the Members.

‘‘7.2 As necessary, Members shall keep accurate books of

account, showing in full, its receipts and disbursements, and the

books of account shall be open at any reasonable time to the

inspection of representatives of the Members.

‘‘7.3 The Members may accept any and all donations, gifts,

and grants of money, equipment, supplies, materials and services

from the Federal or any local government, or any agency thereof

and from any person, firm or corporation, for any of its purposes

and functions under this Agreement, and may receive and use

the same subject to the terms, conditions, and regulations governing

such donations, gifts, and grants.

‘‘Article VIII

‘‘8.1 Nothing in this Agreement shall be construed to limit

or restrict the powers of any Member to provide for the prevention,

control, and extinguishment of wildland fires or to prohibit the

enactment of enforcement of State, Territorial, or Provincial laws,

rules or regulations intended to aid in such prevention, control

and extinguishment of wildland fires in such State, Territory, or

Province.

‘‘8.2 Nothing in this Agreement shall be construed to affect

any existing or future Cooperative Agreement between Members

and/or their respective Federal agencies.

‘‘Article IX

‘‘9.1 The Members may request the United States Forest

Service to act as the coordinating agency of the Northwest Wildland

Fire Protection Agreement in cooperation with the appropriate agencies for each Member.

‘‘9.2 The Members will hold an annual meeting to review

the terms of this Agreement, any applicable Operating Plans, and

make necessary modifications.

‘‘9.3 Amendments to this Agreement can be made by simple

majority vote of the Members and will take effect immediately

upon passage.
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‘‘Article X

‘‘10.1 This Agreement shall continue in force on each Member until such Member takes action to withdraw therefrom. Such

action shall not be effective until 60 days after notice thereof

has been sent to all other Members.

‘‘Article XI

‘‘11.1 Nothing is this Agreement shall obligate the funds

of any Member beyond those approved by appropriate legislative

action.’’.

SEC. 2. OTHER STATES.

Without further submission of the compact, the consent of

Congress is given to any State to become a party to it in accordance

with its terms.

SEC. 3. RIGHTS RESERVED.

The right to alter, amend, or repeal this Act is expressly

reserved.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.