[110th Congress Public Law 79]
[From the U.S. Government Printing Office]
[DOCID: f:publ079.110]
[[Page 729]]
THE GREAT PLAINS WILDLAND FIRE PROTECTION COMPACT
[[Page 121 STAT. 730]]
Public Law 110-79
110th Congress
An Act
Granting the consent and approval of Congress to an interstate forest
fire protection compact. <<NOTE: Aug. 13, 2007 - [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 <<NOTE: State listing.>> 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
[[Page 121 STAT. 731]]
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.
[[Page 121 STAT. 732]]
``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 <<NOTE: Effective
date. Notification.>> Governor of the state takes action to withdraw
from the compact. Such action is not effective until six months after
notice of the withdrawal
[[Page 121 STAT. 733]]
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.''.
Approved August 13, 2007.
LEGISLATIVE HISTORY--S. 975:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
July 13, considered and passed Senate.
July 30, considered and passed House.
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