The Governor of Nebraska
may execute a compact on behalf of the state with any one or more states who
may, by their legislative bodies, authorize a compact, in 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,
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The Governor of Nebraska
may execute a compact on behalf of the state with any one or more states who
may, by their legislative bodies, authorize a compact, in 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 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 which provides outside aid
pursuant to this compact shall be liable in any civil action to respond in
damages as a result of acts or omissions arising out of and in the course
of rendering outside aid, but such immunity from liability shall not extend
to the operation of any motor vehicle in connection with such services. Nothing
in this paragraph shall be deemed to grant any such immunity to any person
causing damage by his or her gross negligence or willful or wanton conduct.
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 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 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 fire fighting forces, equipment, services,
or facilities of any member state.
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.
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 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.