The governor may enter into a compact
on behalf of the state with any other state or states legally joining therein in the
form substantially as follows:
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 state
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
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The governor may enter into a compact
on behalf of the state with any other state or states legally joining therein in the
form substantially as follows:
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 state
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, consult with like officials of the other member states, and 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
(1) 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.
(2) 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.
(3) 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.
(4) Any member state rendering outside aid 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 used in 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 the request.
However, nothing in this compact prevents any assisting member state from
assuming the loss, damage, expense, or other cost, from loaning the equipment, or
from donating the services to the receiving member state without charge or cost.
(5) 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.
(6) 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.
(7) 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
(1) 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.
(2) Nothing in the 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 fire 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.
(3) 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.
(4) 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 is 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.