NY Env Conserv L § 9-1123 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 11 - Forest Fire Control 9-1123 - Northeastern Interstate Forest Fire Protection Compact.

§ 9-1123.  Northeastern Interstate Forest Fire Protection Compact.The  Northeastern  Interstate  Forest Fire Protection Compact as first   enacted by chapter seven hundred forty-four  of  the  laws  of  nineteen   hundred forty-nine, and as re-enacted by chapter two hundred sixty-three   of  the  laws  of  nineteen  hundred sixty-three, is hereby continued as   follows: NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT Article I The purpose of this compact is to  promote  effective  prevention  and   control  of forest fires in the northeastern region of the United States   and adjacent areas in Canada by the  development  of  integrated  forest   fire plans, by the maintenance of adequate forest fire fighting services   by  the  member  states,  by providing for mutual aid in fighting forest   fires among the states of  the  region  and  for  procedures  that  will   facilitate  such  aid,  and  by the establishment of a central agency to   coordinate the  services  of  member  states  and  perform  such  common   services as member states may deem desirable. Article II This  agreement  shall become operative immediately as to those states   ratifying it whenever any two or  more  of  the  states  of  Maine,  New   Hampshire,   Vermont,  Rhode  Island,  Connecticut,  New  York  and  the   Commonwealth of Massachusetts have ratified  it  and  the  congress  has   given  its  consent.  Any  state  not mentioned in this article which is   contiguous with any member state may become a  party  to  this  compact.   Subject  to  the  consent  of  the  congress  of  the United States, any   province of the Dominion of Canada which is contiguous with  any  member   state  may  become  a party to this compact by taking such action as its   laws  and  the  laws  of  the  Dominion  of  Canada  may  prescribe  for   ratification.  In  this  event,  the  term "state" in this compact shall   include within its  meaning  the  term  "province"  and  the  procedures   prescribed  shall  be  applied  in  the  instance  of such provinces, in   accordance with the forms and practices of the Canadian government. Article III Each state joining herein shall appoint  three  representatives  to  a   commission  hereby designated as the Northeastern Forest Fire Protection   Commission. One shall be  the  state  forester  or  officer  holding  an   equivalent  position  in  such  state who is responsible for forest fire   control. The second shall be a member of the legislature of  such  state   designated  by  the commission or committee on interstate cooperation of   such state, or if there be none, or if  said  commission  on  interstate   cooperation  cannot  constitutionally  designate  the  said member, such   legislator shall be designated by the governor thereof; provided that if   it  is  constitutionally  impossible  to  appoint  a  legislator  as   a   commissioner  from  such  state, the second member shall be appointed by   the governor of said state in his discretion. The third member shall  be   a person designated by the governor as the responsible representative of   the  governor.  In the event that any province of the Dominion of Canada   shall become a member of  this  commission,  it  shall  designate  three   members  who  will  approximate  this  pattern  of representation to the   extent possible under the law  and  practices  of  such  province.  This    commission  shall  be  a  body  corporate with the powers and duties set   forth herein. Article IV It  shall  be the duty of the commission to make inquiry and ascertain   from time to time such methods, practices, circumstances and  conditions   as  may  be  disclosed  for bringing about the prevention and control of   forest fires in the area comprising the member states, to coordinate the   forest fire plans and the work of the appropriate agencies of the member   states and to facilitate the rendering of aid by the  member  states  to   each other in fighting forest fires.The commission shall formulate and, in accordance with need, from time   to  time,  revise  a  regional  forest  fire  plan for the entire region   covered by the compact which shall serve as a common  forest  fire  plan   for that area.The commission shall, more than one month prior to any regular meeting   of  the  legislature in any signatory state, present to the governor and   to  the  legislature  of  the  state  its  recommendations  relating  to   enactments to be made by the legislature of that state in furthering the   interests and purposes of this compact.The   commission   shall  consult  with  and  advise  the  appropriate   administrative agencies of  the  states  party  hereto  with  regard  to   problems  connected  with the prevention and control of forest fires and   recommend the adoption of such regulations as it deems advisable.The commission shall have power to recommend to the  signatory  states   any  and all measures that will effectuate the prevention and control of   forest fires. Article V Any two or more member states may designate  the  Northeastern  Forest   Fire  Protection  Commission  as  a joint agency to maintain such common   services as those states deem desirable for the prevention  and  control   of  forest  fires. Except in those cases where all member states join in   such designation for common services, the representatives of  any  group   of  such  designating  states in the Northeastern Forest Fire Protection   Commission shall constitute a separate section of  such  commission  for   the performance of the common service or services so designated provided   that,  if any additional expense is involved, the states so acting shall   appropriate the necessary funds for this purpose. The creation of such a   section as a joint agency  shall  not  affect  the  privileges,  powers,   responsibilities  or  duties  of  the  states  participating  therein as   embodied in the other articles of this compact. Article VI The commission may request the United States forest service to act  as   the  primary research and coordinating agency of the Northeastern Forest   Fire Protection Commission, in cooperation with the appropriate agencies   in each state and the United States forest service may accept the intial   responsibility  in  preparing  and  presenting  to  the  commission  its   recommendations  with respect to the regional fire plan. Representatives   of  the  United  States  forest  service  may  attend  meetings  of  the   commission and of groups of member states. Article VII The  commission shall annually elect from its members a chairman and a   vice-chairman. The commission shall appoint such officers  or  employees   as  may be required to carry the provisions of this compact into effect,   shall fix and determine their duties, qualifications  and  compensation,   and  may  at  its  pleasure,  remove  or  discharge  any such officer or   employee. The commission shall  adopt  rules  and  regulations  for  the   conduct  of  its  business.  It  may  establish and maintain one or more   offices for the transaction of its business and may meet at any time  or   place but must meet at least once a year.A majority of the members of the commission representing a majority of   the  signatory  states  shall constitute a quorum for the transaction of   its general business, but no  action  of  the  commission  imposing  any   obligation  on any signatory state shall be binding unless a majority of   the members from such signatory state shall have voted in favor thereof.   For the purpose of conducting its general business, voting shall  be  by   state units.The  representatives  of any two or more member states, upon notice to   the chairman as to the time and purpose of the meeting, may  meet  as  a   section for the discussion of problems common to those states.Sections  established  by  groups of member states shall have the same   powers with respect  to  officers,  employees  and  the  maintenance  of   offices  as  are granted by this article to the commission. Sections may   adopt such rules, regulations and procedures as may be necessary for the   conduct of their business. Article VIII It shall be the duty of each member state  to  formulate  and  put  in   effect  a  forest  fire plan for that state and to take such measures as   may be recommended by the commission to integrate such forest fire  plan   with the regional forest fire plan.Whenever  the  state  forest  fire  control  agency  of a member state   requests aid from the state forest fire  control  agency  of  any  other   member  state  in combatting, controlling or preventing forest fires, it   shall be the duty of the state forest fire control agency of that  state   to  render  all possible aid to the requesting agency which is consonant   with the maintenance of protection at home.Each signatory state agrees to render aid to  the  forest  service  or   other  agencies  of  the  government of the United States in combatting,   controlling or preventing forest fires in areas under their jurisdiction   located within the member state or a contiguous member state. Article IX Whenever the forces of any member  state  are  rendering  outside  aid   pursuant  to the request of another member state under this compact, the   employees of such state shall, under the direction of  the  officers  of   the  state to which they are rendering aid, have the same powers (except   the power of arrest),  duties,  rights,  privileges  and  immunities  as   comparable employees of the state to which they are rendering aid.No  member  state  or  its officers or employees rendering outside aid   pursuant to this compact 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.All  liability  that may arise either under the laws of the requesting   state or under the laws of the aiding state or under the laws of a third    state on account of or in connection with a request for  aid,  shall  be   assumed and borne by the requesting state.Any  member state rendering outside aid pursuant to this compact shall   be reimbursed by the member state receiving such aid  for  any  loss  or   damage  to,  or  expense  incurred  in  the  operation  of any equipment   answering a request  for  aid,  and  for  the  cost  of  all  materials,   transportation,  wages,  salaries,  and  maintenance  of  employees  and   equipment incurred in  connection  with  such  request.  Provided,  that   nothing  herein  contained shall prevent any assisting member state from   assuming such loss, damage, expense or other cost or from  loaning  such   equipment  or  from donating such services to the receiving member state   without charge or cost.Each member state shall provide for the payment  of  compensation  and   death  benefits to injured employees and the representatives of deceased   employees in  case  employees  sustain  injuries  or  are  killed  while   rendering  outside  aid pursuant to this compact, in the same manner and   on the same terms as if the injury or death were sustained  within  such   state.For  the  purposes of this compact the term employee shall include any   volunteer or auxiliary legally included within the forest fire  fighting   forces of the aiding state under the laws thereof.The commission shall formulate procedures for claims and reimbursement   under the provisions of this article.Aid  by  a  member  state  to  an area subject to federal jurisdiction   beyond the borders of such  state  shall  not  be  required  under  this   compact  unless  substantially  the  same  provisions  of  this  article   relative to powers, liabilities, losses and expenses in connection  with   such aid are embodied in federal laws. Article IX-A The  provisions  of  article IX of this compact which relate to mutual   aid in combating,  controlling  or  preventing  forest  fires  shall  be   operative as between any member state and any other state which is party   to a regional forest fire protection compact in another region; provided   that the legislature of such other state shall have given its consent to   such mutual aid provisions of this compact. Article X When  appropriations  for  the  support  of this commission or for the   support of common services maintained by the  commission  or  a  section   thereof  under the provisions of article V are necessary, the commission   or section thereof shall allocate the costs among  the  states  affected   with  consideration of the amounts of forested land in those states that   will receive protection from the service to be rendered and  the  extent   of  the forest fire problem involved in each state, and shall submit its   recommendations accordingly to the legislatures of the affected states.The commission shall submit to the governor of  each  state,  at  such   time  as he may request, a budget of its estimated expenditures for such   period as may be required by the laws of such state for presentation  to   the legislature thereof.The  commission  shall keep accurate books of account, showing in full   its receipts and disbursements, and said books of account shall be  open   at  any reasonable time to the inspection of such representatives of the   respective signatory states as may be duly constituted for that purpose. On or before the first day of December of each  year,  the  commission   shall  submit to the respective governors of the signatory states a full   and complete report of its activities for the preceding year. Article XI The representatives from any member state may appoint and consult with   an  advisory  committee  composed  of  persons interested in forest fire   protection.The commission may appoint and consult with an advisory  committee  of   representatives of all affected groups, private and governmental. Article XII The  commission  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 compact,   and may receive and utilize the same subject to  the  terms,  conditions   and regulations governing such donations, gifts and grants. Article XIII Nothing  in this compact shall be construed to authorize or permit any   member state to curtail or diminish its  forest  fire  fighting  forces,   equipment,  services  or  facilities,  and  it  shall  be  the  duty and   responsibility of each member state to  maintain  adequate  forest  fire   fighting  forces  and  equipment  to meet normal demands for forest fire   protection within its borders.Nothing in this compact shall be construed to limit  or  restrict  the   powers  of  any  state ratifying the same to provide for the prevention,   control and extinguishment of forest fires, or to prohibit the enactment   or enforcement of state laws, rules or regulations intended  to  aid  in   such prevention, control and extinguishment in such state.Nothing  in  this compact shall be construed to affect any existing or   future cooperative relationship or arrangement between the United States   forest service and a member state or states. Article XIV 1. This compact shall continue in force and  remain  binding  on  each   state  ratifying  it until the legislature or the governor of such state   takes action to withdraw therefrom. Such action shall not  be  effective   until  six  months  after  notice  thereof  has  been  sent by the chief   executive of the state desiring to withdraw to the  chief  executive  of   all states then parties to the compact.2.  The  original notice of ratification received from the governor or   other duly authorized official of any state or province joining  in  the   compact  shall  be  filed  with  the official copy of the compact in the   office of the secretary of state of this state, and such notice, if any,   as may be received from the president or  the  congress  of  the  United   States,  signifying the consent of the congress to the compact, shall be   filed in the same manner.3. Pursuant to article three of the compact the three  representatives   of  this  state  on  the Northeastern Forest Fire Protection Commission,   hereinafter called commissioners, shall be: an officer of the Department   of  Environmental  Conservation  designated  by  the   Commissioner   of   Environmental  Conservation;  a  member of the legislature who is also a    member of the joint legislative committee on interstate cooperation, who   shall be designated by said  committee;  and  a  citizen  of  the  state   designated by the Governor as his responsible representative to serve at   the pleasure of the Governor. The commissioners shall have, exercise and   perform,  on  behalf  of  the  state  of New York, all of the powers and   duties conferred  and  imposed  by  the  compact  upon  members  of  the   Northeastern Forest Fire Protection Commission. They shall serve as such   commissioners  without  compensation,  but shall be reimbursed for their   expenses, including travel and other expenses both  within  and  without   the  state, actually and necessarily incurred by them in the performance   of their duties under this section and such compact. Such expenses shall   be payable on the audit and warrant  of  the  Comptroller,  on  vouchers   certified  or approved by the Commissioner of Environmental Conservation   in the manner prescribed by law,  out  of  any  moneys  appropriated  or   available  therefor to the Department of Environmental Conservation. The   commissioners serving on  the  effective  date  of  this  section  shall   continue  in  office  until  their  successors  have qualified, or until   otherwise ceasing to be commissioners pursuant to law.4. The Comptroller of the state of New York is hereby  authorized  and   empowered  to  examine  from  time to time the accounts and books of the   commission, including its receipts, disbursements and such  other  items   referring to its financial condition as he may deem proper and to report   the results of such examinations to the Governor of this state.5.  a. The Northeastern Forest Fire Protection Commission shall submit   annually, in accordance with the laws and practices of  this  state,  to   the  Governor  for study and consideration by him, an estimate of moneys   required to administer, manage and support the commission. Such estimate   shall include any request for appropriation of funds  by  New  York  and   shall  be  accompanied  by  a  tabulation  of similar requests which the   commission expects to make to each other member state and the formula or   factors upon which such respective requests are based.b. The Commissioner of Environmental Conservation shall be afforded an   opportunity to comment on any budget request by the commission, and  the   commission shall be furnished with a copy of any such comments.6.  No  provision  of  the  Conservation  Law  and no provision of the   Environmental Conservation Law, if such provision of  the  Environmental   Conservation  Law  was derived from a provision of the Conservation Law,   which is inconsistent with the provisions of the Northeastern Interstate   Forest Fire Protection Compact shall be applicable to the commission  or   to  any  matter  governed  by  the  Northeastern  Interstate Forest Fire   Protection Compact.7. On August 15, 1964 and at intervals of four years  thereafter,  the   Commissioner  of  Environmental  Conservation shall evaluate the role of   the commission with respect to forest fire protection in  New  York  and   shall   report   to   the   commission   thereon.  The  Commissioner  of   Environmental Conservation shall transmit a copy of such report  to  the   Governor.  The  Commissioner of Environmental Conservation may make such   additional reports to the  commission  and  the  Governor  as  he  deems   appropriate.8.  If  any  part  or  provision  of  this  section  or of the compact   contained herein shall  be  adjudged  unconstitutional  by  a  court  of   competent  jurisdiction,  all  other  parts  of  this section or of such   compact, as the case may be, shall nevertheless continue in  full  force   and effect. If it shall be adjudged by a court of competent jurisdiction   that  any  commissioner  appointed pursuant to subdivision three of this   article is disqualified from serving or is ineligible to serve  as  such   commissioner  for  any  reason  or  cause,  such  commissioner shall not   thereby forfeit any other public office then held by him or any  of  the    emoluments  thereof  and  the  vacancy on the commission thereby created   shall be filled by the Governor by the  appointment  of  a  citizen  and   resident   of  this  state  not  subject  to  such  disqualification  or   ineligibility.