[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3050 Introduced in House (IH)]

  1st Session
                                H. R. 3050

 To grant the consent and approval of Congress to an interstate forest 
                        fire protection compact.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2007

 Ms. Herseth Sandlin introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To grant 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 GREAT PLAINS 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

    ``The purpose of this compact is to promote effective prevention 
and control of forest fires in the Great Plains region of the United 
States by the maintenance of adequate forest fire fighting services by 
the member states, and by providing for reciprocal aid in fighting 
forest fires among the compacting states of the region, including South 
Dakota, North Dakota, Wyoming, Colorado, and any adjoining sate of a 
current member state.

                              ``ARTICLE II

    ``This compact is operative immediately as to those states 
ratifying it if any two or more of the member states have ratified it.

                             ``ARTICLE III

    ``In each state, the state forester or officer holding the 
equivalent position who is responsible for forest fire control may act 
as compact administrator for that state and may consult with like 
officials of the other member states and may implement cooperation 
between the states in forest fire prevention and control. The compact 
administrators of the member states may organize to coordinate the 
services of the member states and provide administrative integration in 
carrying out the purposes of this compact. Each member state may 
formulate and put in effect a forest fire plan for that state.

                              ``ARTICLE IV

    ``If 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 combating, controlling, or preventing forest fires, the 
state forest fire control agency of that state may render all possible 
aid to the requesting agency, consonant with the maintenance of 
protection at home.

                              ``ARTICLE V

    ``If the forces of any member state are rendering outside aid 
pursuant to the request of another member state under this compact, the 
employees of the 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 is 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 with 
rendering the outside aid.
    ``All liability, except as otherwise provided in this compact, 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 and pursuant to this compact 
shall be reimbursed by the member state receiving the 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. However, nothing in 
this compact prevents 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 assure that workers compensation benefits 
in conformity with the minimum legal requirements of the state are 
available to all employees and contract firefighters sent to a 
requesting state pursuant to this compact.
    ``For the purposes of this compact the term, employee, includes any 
volunteer or auxiliary legally included within the forest fire fighting 
forces of the aiding state under the laws of the aiding state.
    ``The compact administrators may formulate procedures for claims 
and reimbursement under the provisions of this article, in accordance 
with the laws of the member states.

                              ``ARTICLE VI

    ``Ratification of this compact does not affect any existing statute 
so as to authorize or permit curtailment or diminution of the forest 
fighting forces, equipment, services, or facilities of any member 
state.
    ``Nothing in this compact authorizes or permits any member state to 
curtail or diminish its forest fire fighting forces, equipment, 
services, or facilities. Each member state shall maintain adequate 
forest fighting forces and equipment to meet demands for forest fire 
protection within its borders in the same manner and to the same extent 
as if this compact were not operative.
    ``Nothing in this compact limits or restricts the powers of any 
state ratifying the compact 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 the 
prevention, control, and extinguishment in the state.
    ``Nothing in this compact affects any existing or future 
cooperative relationship or arrangement between the United States 
Forest Service and a member state or states.

                             ``ARTICLE VII

    ``Representatives of the United States Forest Service may attend 
meetings of the compact administrators.

                             ``ARTICLE VIII

    ``The provisions of Articles IV and V of this compact that relate 
to reciprocal aid in combating, controlling, or preventing forest fires 
are operative as between any state party to this compact and any other 
state which is party to this compact and any other state that is party 
to a regional forest fire protection compact in another region if the 
Legislature of the other state has given its assent to the mutual aid 
provisions of this compact.

                              ``ARTICLE IX

    ``This compact shall continue in force and remain binding on each 
state ratifying it until the Legislature or the Governor of the state 
takes action to withdraw from the compact. Such action in not effective 
until six months after notice of the withdrawal has been sent by the 
chief executive of the state desiring to withdraw to the chief 
executives of all states then parties to the compact.''.
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