[Congressional Record Volume 153, Number 112 (Friday, July 13, 2007)]
[Senate]
[Page S9226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTERSTATE FOREST FIRE PROTECTION COMPACT

  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 975, and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 975) granting the consent and approval of 
     Congress to an interstate forest fire protection compact.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 975) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 975

       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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