I

105TH CONGRESS

2D SESSION S. 1134

IN THE HOUSE OF REPRESENTATIVES

JULY 31, 1998

Referred to the Committee on the Judiciary

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 NORTHWEST WILDLAND

8 FIRE 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 follow14 ing terms and conditions, the Members agree:

15 ‘‘Article I

16 ‘‘1.1 The purpose of this Agreement is to pro17 mote effective prevention, presuppression and control of

18 forest fires in the Northwest wildland region of the United

19 States and adjacent areas of Canada (by the Members)

20 by providing mutual aid in prevention, presuppression and

21 control of wildland fires, and by establishing procedures

22 in operating plans that will facilitate such aid.

23 ‘‘Article II

24 ‘‘2.1 The agreement shall become effective for

25 those Members ratifying it whenever any two or more

26 Members, the States of Oregon, Washington, Alaska,
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1 Idaho, Montana, or the Yukon Territory, or the Province

2 of British Columbia, or the Province of Alberta have rati3 fied it.

4 ‘‘2.2 Any State, Province, or Territory not men5 tioned in this Article which is contiguous to any Member

6 may become a party to this Agreement subject to unani7 mous approval of the Members.

8 ‘‘Article III

9 ‘‘3.1 The role of the Members is to determine

10 from time to time such methods, practices, circumstances

11 and conditions as may be found for enhancing the preven12 tion, presuppression, and control of forest fires in the area

13 comprising the Member’s territory; to coordinate the plans

14 and the work of the appropriate agencies of the Members;

15 and to coordinate the rendering of aid by the Members

16 to each other in fighting wildland fires.

17 ‘‘3.2 The Members may develop cooperative oper18 ating plans for the programs covered by this Agreement.

19 Operating plans shall include definition of terms, fiscal

20 procedures, personnel contacts, resources available, and

21 standards applicable to the program. Other sections may

22 be added as necessary.

23 ‘‘Article IV

24 ‘‘4.1 A majority of Members shall constitute a

25 quorum for the transaction of its general business. Mo-
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1 tions of Members present shall be carried by a simple ma2 jority except as stated in Article II. Each Member will

3 have one vote on motions brought before them.

4 ‘‘Article V

5 ‘‘5.1 Whenever a Member requests aid from any

6 other Member in controlling or preventing wildland fires,

7 the Members agree, to the extent they possibly can, to

8 render all possible aid.

9 ‘‘Article VI

10 ‘‘6.1 Whenever the forces of any Member are aid11 ing another Member under this Agreement, the employees

12 of such Member shall operate under the direction of the

13 officers of the Member to which they are rendering aid

14 and be considered agents of the Member they are render15 ing aid to and, therefore, have the same privileges and

16 immunities as comparable employees of the Member to

17 which the are rendering aid.

18 ‘‘6.2 No Member or its officers or employees ren19 dering aid within another State, Territory, or Province,

20 pursuant to this Agreement shall be liable on account of

21 any act or omission on the part of such forces while so

22 engaged, or on account of the maintenance or use of any

23 equipment or supplies in connection therewith to the ex24 tent authorized by the laws of the Member receiving the

25 assistance. The receiving Member, to the extent authorized
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1 by the laws of the State, Territory, or Province, agrees

2 to indemnify and save-harmless the assisting Member

3 from any such liability.

4 ‘‘6.3 Any Member rendering outside aid pursuant

5 to this Agreement shall be reimbursed by the Member re6 ceiving such aid for any loss or damage to, or expense

7 incurred in the operation of any equipment and for the

8 cost of all materials, transportation, wages, salaries and

9 maintenance of personnel and equipment incurred in con10 nection with such request in accordance with the provi11 sions of the previous section. Nothing contained herein

12 shall prevent any assisting Member from assuming such

13 loss, damage, expense or other cost or from loaning such

14 equipment or from donating such services to the receiving

15 Member without charge or cost.

16 ‘‘6.4 For purposes of the Agreement, personnel

17 shall be considered employees of each sending Member for

18 the payment of compensation to injured employees and

19 death benefits to the representatives of deceased employ20 ees injured or killed while rendering aid to another Mem21 ber pursuant to this Agreement.

22 ‘‘6.5 The Members shall formulate procedures for

23 claims and reimbursement under the provisions of this Ar24 ticle.
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1 ‘‘Article VII

2 ‘‘7.1 When appropriations for support of this

3 agreement, or for the support of common services in exe4 cuting this agreement, are needed, costs will be allocated

5 equally among the Members.

6 ‘‘7.2 As necessary, Members shall keep accurate

7 books of account, showing in full, its receipts and dis8 bursements, and the books of account shall be open at any

9 reasonable time to the inspection of representatives of the

10 Members.

11 ‘‘7.3 The Members may accept any and all dona12 tions, gifts, and grants of money, equipment, supplies, ma13 terials and services from the Federal or any local govern14 ment, or any agency thereof and from any person, firm

15 or corporation, for any of its purposes and functions under

16 this Agreement, and may receive and use the same subject

17 to the terms, conditions, and regulations governing such

18 donations, gifts, and grants.

19 ‘‘Article VIII

20 ‘‘8.1 Nothing in this Agreement shall be con21 strued to limit or restrict the powers of any Member to

22 provide for the prevention, control, and extinguishment of

23 wildland fires or to prohibit the enactment of enforcement

24 of State, Territorial, or Provincial laws, rules or regula25 tions intended to aid in such prevention, control and extin-
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1 guishment of wildland fires in such State, Territory, or

2 Province.

3 ‘‘8.2 Nothing in this Agreement shall be con4 strued to affect any existing or future Cooperative Agree5 ment between Members and/or their respective Federal

6 agencies.

7 ‘‘Article IX

8 ‘‘9.1 The Members may request the United

9 States Forest Service to act as the coordinating agency

10 of the Northwest Wildland Fire Protection Agreement in

11 cooperation with the appropriate agencies for each Mem12 ber.

13 ‘‘9.2 The Members will hold an annual meeting

14 to review the terms of this Agreement, any applicable Op15 erating Plans, and make necessary modifications.

16 ‘‘9.3 Amendments to this Agreement can be

17 made by simple majority vote of the Members and will

18 take effect immediately upon passage.

19 ‘‘Article X

20 ‘‘10.1 This Agreement shall continue in force on

21 each Member until such Member takes action to withdraw

22 therefrom. Such action shall not be effective until 60 days

23 after notice thereof has been sent to all other Members.
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1 ‘‘Article XI

2 ‘‘11.1 Nothing is this Agreement shall obligate

3 the funds of any Member beyond those approved by appro4 priate legislative action.’’.

5 SEC. 2. OTHER STATES.

6 Without further submission of the compact, the con7 sent of Congress is given to any State to become a party

8 to it in accordance with its terms.

9 SEC. 3. RIGHTS RESERVED.

10 The right to alter, amend, or repeal this Act is ex11 pressly reserved.

Passed the Senate July 30, 1998.

Attest: GARY SISCO,

Secretary.