[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[House]
[Pages H10927-H10928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




GRANTING CONSENT AND APPROVAL OF CONGRESS TO AN INTERSTATE FOREST FIRE 
                           PROTECTION COMPACT

  Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1134) granting the consent and approval of Congress to 
an interstate forest fire protection compact.
  The Clerk read 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.

[[Page H10928]]

       ``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.
                              ``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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Gekas) and the gentleman from New Jersey (Mr. Payne) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Gekas).


                             General Leave

  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the Senate bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I could almost place ditto marks over the remarks that I 
made in the previous bill that we have considered, because this, too, 
is a compact of special arrangements between two States or more in 
matters of mutual interest which must be approved by the Congress, as 
we have stated.
  On this one, too, the gentleman from Washington (Mr. Doc Hastings), 
our colleague, has been instrumental in driving it to this moment. This 
is the Northwest Wildland Fire Protection Agreement, which will help 
the States in that region respond more quickly and more efficiently to 
the wildfire syndrome about which we read and learn too much, it 
appears. But nevertheless, this goes a long way to prevention and to 
quick resolution of the disastrous consequences of such wildfires.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. PAYNE asked and was given permission to revise and extend his 
remarks.)
  Mr. PAYNE. Mr. Speaker, I, too, would like to concur that this is 
almost a ditto of the previous bill. This bill would grant the consent 
of Congress to the compact between the Northwestern States and the 
Canadian provinces to coordinate the response to forest fires and other 
emergencies. As we have indicated, these compacts have already been 
ratified by the affected States and provinces, but it is required to 
give the consent of Congress for this legislation to take effect, under 
the Compacts clause of the Constitution.
  As has been indicated, we have bipartisan support of the members of 
the other body and of the States that are participating. Therefore, I 
would ask that our colleagues pass the Senate bill, S. 1134.
  Mr. HASTINGS of Washington. Mr. Speaker, I rise in support of S. 
1134, a bill granting the consent and approval of Congress to an 
interstate forest fire protection compact entered into by the states of 
Alaska, Idaho, Montana, Oregon and Washington, as well as the Provinces 
of Alberta and British Columbia, and the Yukon Territory.
  Mr. Speaker, this bill fulfills the Constitutional requirement for 
Congressional consent to the compact negotiated by these eight states 
and provinces. Specifically, the compact enables the fire management 
agencies of the participating states and provinces to cooperate in 
combating wildfires across state and national borders.
  As the representative of a district that frequently experiences 
extensive and destructive wildfires, I am well aware of the need for 
regional cooperation in containing them. This compact will allow the 
region to mobilize all its available resources to combat wildfires and 
minimize their damage.
  This locally driven legislation was passed unanimously by the other 
body on July 31 of this year, and has strong bi-partisan support from 
the northwest congressional delegation.
  I urge my colleagues to support this cooperative effort to suppress 
wildfires in the northwest and pass this bi-partisan legislation.
  Mr. PAYNE. Mr. Speaker, I yield back the balance of my time.
  Mr. GEKAS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Gekas) that the House suspend the 
rules and pass the Senate bill, S. 1134.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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