[Congressional Record Volume 153, Number 123 (Monday, July 30, 2007)]
[House]
[Pages H8917-H8919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Ms. ZOE LOFGREN of California. Madam Speaker, I move to suspend the 
rules and pass the Senate bill (S. 975) granting the consent and 
approval of Congress to an interstate forest fire protection compact.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is 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

[[Page H8918]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Utah (Mr. Cannon) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Madam Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Madam Speaker, I yield myself such 
time as I may consume.
  I rise in strong support of S. 975, the bill that grants Congress's 
consent and approval to an interstate forest fire protection compact. 
This legislation serves as a critical tool toward providing communities 
in South Dakota, Colorado and Wyoming with the necessary resources to 
fight wildfires.
  State wildfire compacts allow States, subject to the consent of 
Congress, to rapidly request and mobilize firefighting equipment among 
compact members. Once enacted, this legislation will immediately allow 
South Dakota, Colorado and Wyoming to work directly with each other and 
to pool their resources so they could rapidly address current wildfire 
conditions.
  In addition, S. 975 includes a provision that will allow North Dakota 
to participate in a similar resource-sharing agreement once its State 
legislature has ratified the agreement.
  The need for S. 975 is critical as the fire season for this region 
approaches and is really upon us today. According to a recent article 
in the Rapid City Journal, the dry, hot conditions persisting in the 
Black Hills could result in August being one of the worst fire seasons 
in the history of South Dakota.
  Thus, in an effort to expedite our consideration of this matter, 
given the potentially critical situation presented by the fire hazards 
currently affecting South Dakota, we are taking up the measure as 
passed by the Senate.
  I should note that my colleague in the State of South Dakota, 
Representative Stephanie Herseth Sandlin, introduced identical 
legislation, H.R. 3050, to address this matter. I commend 
Representative Herseth Sandlin for her hard work and leadership in this 
body. And together with the strong support from the Colorado and 
Wyoming delegations, she has spearheaded the effort to obtain a 
legislative response to this crisis so that it can be sent to the 
President for his signature without undue delay.
  Accordingly, I urge my colleagues to support S. 975.
  Madam Speaker, I reserve the balance of my time.
  Mr. CANNON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am happy to support this bipartisan legislation. S. 
975, which approves an interstate firefighting compact, is certain to 
accomplish great things for the States involved.

                              {time}  1945

  This compact would facilitate the rapid sharing of desperately needed 
firefighting resources between the States of South Dakota, North 
Dakota, Colorado, and Wyoming to combat wildfires that each State could 
not handle alone.
  Those of us from Western States know all too well the menace to human 
lives, property, wildlife, and the grand natural beauty of our Nation 
that these wildfires present every year. This compact would help those 
States fight dangers without compromising any of these States' 
abilities to protect against fires at home and without impinging on any 
Federal firefighting authorities.
  To facilitate coordination with the Federal authorities, this compact 
would allow representatives of the U.S. Forest Service to participate 
as observers of the compact's meetings. The compact is modeled on a 
similar compact for the Pacific Northwest, to which Congress consented 
in 1998.
  I urge you to support this legislation so that we do not lose a 
single minute in helping these States to fight fires and benefit this 
compact's vital provisions.
  I am pleased to present this legislation because interstate compacts 
is an area of the House Judiciary Committee's jurisdiction, and I would 
like to invigorate that. As ranking member of the Subcommittee on 
Commercial and Administrative Law, which has jurisdiction over 
interstate compacts, I hope to see more interest in this area as a 
powerful tool for States to work together in a cooperative manner to 
deal effectively with the cross-jurisdictional policy issues that are 
arising in our country. I am sure that the subcommittee Chair, Linda 
Sanchez, shares this desire; and I look forward to working with her 
more in this important area.
  All around the country, there are many compacts addressing a myriad 
of issues, from the most cutting-edge climate change issues to the most 
mundane tax issues. These compacts must under the Constitution be 
presented to Congress for consent before the States may enter into 
them. I commend the States involved in this compact for doing things 
the right way in bringing this compact to Congress for consent.
  I urge my colleagues to support this legislation and then to come to 
visit the natural wonders in these States that this compact is sure to 
help protect.
  Madam Speaker, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Madam Speaker, I would like at this 
time to yield 1\1/2\ minutes to the author of the House companion bill 
and the Representative from South Dakota, Congresswoman Stephanie 
Herseth Sandlin.
  Ms. HERSETH SANDLIN. Madam Speaker, I thank the gentlewoman from 
California for yielding.
  I rise today to express my strong support for Senate bill 975. As the 
chairwoman of the subcommittee, Ms. Zoe

[[Page H8919]]

Lofgren, and the ranking member, Mr. Cannon, have described, this 
important legislation stands to provide immediate assistance to 
wildfire-fighting crews in South Dakota, Colorado, and Wyoming.
  Passage and enactment of S. 975 is the final step in the fire 
compacting process, which allows States covered by the compact to more 
effectively share firefighting personnel and equipment in response to 
wildfires. The compacting process begins with State approval but also 
requires consent from the Congress. Further, this legislation enjoys 
the support of South Dakota's Senators Tim Johnson and John Thune, as 
well as the entire Colorado and Wyoming Senate delegations. Companion 
legislation that I introduced in the House also enjoys similar support 
from the congressional delegations within the compacted States.
  The need for this legislation is underscored each fire season as we 
undoubtedly watch communities struggle to cope with forest fires. In my 
own district, I recently visited areas devastated by the Alabaugh 
Canyon fire near Hot Springs, South Dakota, which consumed over 10,000 
acres and destroyed more than 30 homes. Tragically, one man lost his 
life. Only the tireless and professional work by emergency response 
staff in South Dakota with the help of volunteers across the State and 
region stopped this fire from becoming even worse.
  The fire season is, however, far from over, and I am pleased that the 
passage of this bill in the House today will be the final legislative 
step towards enacting this important bill into law. The new authorities 
contained in the bill will let compacted States work directly with each 
other increasing the efficiency and, most importantly, the speed with 
which firefighting crews in South Dakota, Colorado, and Wyoming can 
mobilize resources in response to fires. The compact also leaves space 
for North Dakota to join at a later date.
  Finally, I would like to thank Chairman Conyers and his staff for 
their swift consideration of this bill and their willingness to work 
with me to bring it to the House floor this evening. Their work, and a 
joint effort from State officials in South Dakota and the State's 
entire congressional delegation, has facilitated this progress. I stand 
in strong support of S. 975 and urge my colleagues to join me.
  Mr. CANNON. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Madam Speaker, this bill grants our 
approval to an important interstate compact that will enable States in 
the Great Plains to pool resources to control forest fires. Especially 
in light of the fact that these States may shortly be experiencing what 
could be the worst fire season in years, I strongly urge my colleagues 
to support this urgently needed measure.
  I commend the ranking member, Mr. Cannon, and the chairwoman of the 
subcommittee, Ms. Sanchez, as well as the chairman of the committee and 
ranking member for not standing on formality, waiving jurisdiction, and 
bringing this bill directly to the floor. It is the right way to get 
something done in a hurry, and it needs to get done
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the Senate bill, S. 975.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________