[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9498-S9499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTERSTATE FOREST FIRE PROTECTION COMPACT

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 471, S. 1134.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A bill (S. 1134) granting the consent and approval of 
     Congress to an interstate forest fire protection compact.

  The Senate proceeded to consider the bill.
  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the bill be 
read three times and passed; that the motion to reconsider be laid upon 
the table; and that any statements relating to the bill be placed at 
the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1134) was deemed read the third time and passed, as 
follows:

                                S. 1134

       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.

                             ``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, 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

[[Page S9499]]

     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.

                              ``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.

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