[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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