§ 9-1123 — Northeastern Interstate Forest Fire Protection Compact

New York § 9-1123

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Forest Fire Control
• Art. 9: Lands and Forests

Text

§ 9-1123. Northeastern Interstate Forest Fire Protection Compact.\n The Northeastern Interstate Forest Fire Protection Compact as first\nenacted by chapter seven hundred forty-four of the laws of nineteen\nhundred forty-nine, and as re-enacted by chapter two hundred sixty-three\nof the laws of nineteen hundred sixty-three, is hereby continued as\nfollows:\n NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT\n Article I\n The purpose of this compact is to promote effective prevention and\ncontrol of forest fires in the northeastern region of the United States\nand adjacent areas in Canada by the development of integrated forest\nfire plans, by the maintenance of adequate forest fire fighting services\nby the member states, by providing for mutual aid in fighting forest\nfires among the states of the region and for procedures that will\nfacilitate such aid, and by the establishment of a central agency to\ncoordinate the services of member states and perform such common\nservices as member states may deem desirable.\n Article II\n This agreement shall become operative immediately as to those states\nratifying it whenever any two or more of the states of Maine, New\nHampshire, Vermont, Rhode Island, Connecticut, New York and the\nCommonwealth of Massachusetts have ratified it and the congress has\ngiven its consent. Any state not mentioned in this article which is\ncontiguous with any member state may become a party to this compact.\nSubject to the consent of the congress of the United States, any\nprovince of the Dominion of Canada which is contiguous with any member\nstate may become a party to this compact by taking such action as its\nlaws and the laws of the Dominion of Canada may prescribe for\nratification. In this event, the term "state" in this compact shall\ninclude within its meaning the term "province" and the procedures\nprescribed shall be applied in the instance of such provinces, in\naccordance with the forms and practices of the Canadian government.\n Article III\n Each state joining herein shall appoint three representatives to a\ncommission hereby designated as the Northeastern Forest Fire Protection\nCommission. One shall be the state forester or officer holding an\nequivalent position in such state who is responsible for forest fire\ncontrol. The second shall be a member of the legislature of such state\ndesignated by the commission or committee on interstate cooperation of\nsuch state, or if there be none, or if said commission on interstate\ncooperation cannot constitutionally designate the said member, such\nlegislator shall be designated by the governor thereof; provided that if\nit is constitutionally impossible to appoint a legislator as a\ncommissioner from such state, the second member shall be appointed by\nthe governor of said state in his discretion. The third member shall be\na person designated by the governor as the responsible representative of\nthe governor. In the event that any province of the Dominion of Canada\nshall become a member of this commission, it shall designate three\nmembers who will approximate this pattern of representation to the\nextent possible under the law and practices of such province. This\ncommission shall be a body corporate with the powers and duties set\nforth herein.\n Article IV\n It shall be the duty of the commission to make inquiry and ascertain\nfrom time to time such methods, practices, circumstances and conditions\nas may be disclosed for bringing about the prevention and control of\nforest fires in the area comprising the member states, to coordinate the\nforest fire plans and the work of the appropriate agencies of the member\nstates and to facilitate the rendering of aid by the member states to\neach other in fighting forest fires.\n The commission shall formulate and, in accordance with need, from time\nto time, revise a regional forest fire plan for the entire region\ncovered by the compact which shall serve as a common forest fire plan\nfor that area.\n The commission shall, more than one month prior to any regular meeting\nof the legislature in any signatory state, present to the governor and\nto the legislature of the state its recommendations relating to\nenactments to be made by the legislature of that state in furthering the\ninterests and purposes of this compact.\n The commission shall consult with and advise the appropriate\nadministrative agencies of the states party hereto with regard to\nproblems connected with the prevention and control of forest fires and\nrecommend the adoption of such regulations as it deems advisable.\n The commission shall have power to recommend to the signatory states\nany and all measures that will effectuate the prevention and control of\nforest fires.\n Article V\n Any two or more member states may designate the Northeastern Forest\nFire Protection Commission as a joint agency to maintain such common\nservices as those states deem desirable for the prevention and control\nof forest fires. Except in those cases where all member states join in\nsuch designation for common services, the representatives of any group\nof such designating states in the Northeastern Forest Fire Protection\nCommission shall constitute a separate section of such commission for\nthe performance of the common service or services so designated provided\nthat, if any additional expense is involved, the states so acting shall\nappropriate the necessary funds for this purpose. The creation of such a\nsection as a joint agency shall not affect the privileges, powers,\nresponsibilities or duties of the states participating therein as\nembodied in the other articles of this compact.\n Article VI\n The commission may request the United States forest service to act as\nthe primary research and coordinating agency of the Northeastern Forest\nFire Protection Commission, in cooperation with the appropriate agencies\nin each state and the United States forest service may accept the intial\nresponsibility in preparing and presenting to the commission its\nrecommendations with respect to the regional fire plan. Representatives\nof the United States forest service may attend meetings of the\ncommission and of groups of member states.\n Article VII\n The commission shall annually elect from its members a chairman and a\nvice-chairman. The commission shall appoint such officers or employees\nas may be required to carry the provisions of this compact into effect,\nshall fix and determine their duties, qualifications and compensation,\nand may at its pleasure, remove or discharge any such officer or\nemployee. The commission shall adopt rules and regulations for the\nconduct of its business. It may establish and maintain one or more\noffices for the transaction of its business and may meet at any time or\nplace but must meet at least once a year.\n A majority of the members of the commission representing a majority of\nthe signatory states shall constitute a quorum for the transaction of\nits general business, but no action of the commission imposing any\nobligation on any signatory state shall be binding unless a majority of\nthe members from such signatory state shall have voted in favor thereof.\nFor the purpose of conducting its general business, voting shall be by\nstate units.\n The representatives of any two or more member states, upon notice to\nthe chairman as to the time and purpose of the meeting, may meet as a\nsection for the discussion of problems common to those states.\n Sections established by groups of member states shall have the same\npowers with respect to officers, employees and the maintenance of\noffices as are granted by this article to the commission. Sections may\nadopt such rules, regulations and procedures as may be necessary for the\nconduct of their business.\n Article VIII\n It shall be the duty of each member state to formulate and put in\neffect a forest fire plan for that state and to take such measures as\nmay be recommended by the commission to integrate such forest fire plan\nwith the regional forest fire plan.\n Whenever the state forest fire control agency of a member state\nrequests aid from the state forest fire control agency of any other\nmember state in combatting, controlling or preventing forest fires, it\nshall be the duty of the state forest fire control agency of that state\nto render all possible aid to the requesting agency which is consonant\nwith the maintenance of protection at home.\n Each signatory state agrees to render aid to the forest service or\nother agencies of the government of the United States in combatting,\ncontrolling or preventing forest fires in areas under their jurisdiction\nlocated within the member state or a contiguous member state.\n Article IX\n Whenever the forces of any member state are rendering outside aid\npursuant to the request of another member state under this compact, the\nemployees of such state shall, under the direction of the officers of\nthe state to which they are rendering aid, have the same powers (except\nthe power of arrest), duties, rights, privileges and immunities as\ncomparable employees of the state to which they are rendering aid.\n No member state or its officers or employees rendering outside aid\npursuant to this compact shall be liable on account of any act or\nomission on the part of such forces while so engaged, or on account of\nthe maintenance or use of any equipment or supplies in connection\ntherewith.\n All liability that may arise either under the laws of the requesting\nstate or under the laws of the aiding state or under the laws of a third\nstate on account of or in connection with a request for aid, shall be\nassumed and borne by the requesting state.\n Any member state rendering outside aid pursuant to this compact shall\nbe reimbursed by the member state receiving such aid for any loss or\ndamage to, or expense incurred in the operation of any equipment\nanswering a request for aid, and for the cost of all materials,\ntransportation, wages, salaries, and maintenance of employees and\nequipment incurred in connection with such request. Provided, that\nnothing herein contained shall prevent any assisting member state from\nassuming such loss, damage, expense or other cost or from loaning such\nequipment or from donating such services to the receiving member state\nwithout charge or cost.\n Each member state shall provide for the payment of compensation and\ndeath benefits to injured employees and the representatives of deceased\nemployees in case employees sustain injuries or are killed while\nrendering outside aid pursuant to this compact, in the same manner and\non the same terms as if the injury or death were sustained within such\nstate.\n For the purposes of this compact the term employee shall include any\nvolunteer or auxiliary legally included within the forest fire fighting\nforces of the aiding state under the laws thereof.\n The commission shall formulate procedures for claims and reimbursement\nunder the provisions of this article.\n Aid by a member state to an area subject to federal jurisdiction\nbeyond the borders of such state shall not be required under this\ncompact unless substantially the same provisions of this article\nrelative to powers, liabilities, losses and expenses in connection with\nsuch aid are embodied in federal laws.\n Article IX-A\n The provisions of article IX of this compact which relate to mutual\naid in combating, controlling or preventing forest fires shall be\noperative as between any member state and any other state which is party\nto a regional forest fire protection compact in another region; provided\nthat the legislature of such other state shall have given its consent to\nsuch mutual aid provisions of this compact.\n Article X\n When appropriations for the support of this commission or for the\nsupport of common services maintained by the commission or a section\nthereof under the provisions of article V are necessary, the commission\nor section thereof shall allocate the costs among the states affected\nwith consideration of the amounts of forested land in those states that\nwill receive protection from the service to be rendered and the extent\nof the forest fire problem involved in each state, and shall submit its\nrecommendations accordingly to the legislatures of the affected states.\n The commission shall submit to the governor of each state, at such\ntime as he may request, a budget of its estimated expenditures for such\nperiod as may be required by the laws of such state for presentation to\nthe legislature thereof.\n The commission shall keep accurate books of account, showing in full\nits receipts and disbursements, and said books of account shall be open\nat any reasonable time to the inspection of such representatives of the\nrespective signatory states as may be duly constituted for that purpose.\n On or before the first day of December of each year, the commission\nshall submit to the respective governors of the signatory states a full\nand complete report of its activities for the preceding year.\n Article XI\n The representatives from any member state may appoint and consult with\nan advisory committee composed of persons interested in forest fire\nprotection.\n The commission may appoint and consult with an advisory committee of\nrepresentatives of all affected groups, private and governmental.\n Article XII\n The commission may accept any and all donations, gifts and grants of\nmoney, equipment, supplies, materials and services from the federal or\nany local government, or any agency thereof and from any person, firm or\ncorporation, for any of its purposes and functions under this compact,\nand may receive and utilize the same subject to the terms, conditions\nand regulations governing such donations, gifts and grants.\n Article XIII\n Nothing in this compact shall be construed to authorize or permit any\nmember state to curtail or diminish its forest fire fighting forces,\nequipment, services or facilities, and it shall be the duty and\nresponsibility of each member state to maintain adequate forest fire\nfighting forces and equipment to meet normal demands for forest fire\nprotection within its borders.\n Nothing in this compact shall be construed to limit or restrict the\npowers of any state ratifying the same to provide for the prevention,\ncontrol and extinguishment of forest fires, or to prohibit the enactment\nor enforcement of state laws, rules or regulations intended to aid in\nsuch prevention, control and extinguishment in such state.\n Nothing in this compact shall be construed to affect any existing or\nfuture cooperative relationship or arrangement between the United States\nforest service and a member state or states.\n Article XIV\n 1. This compact shall continue in force and remain binding on each\nstate ratifying it until the legislature or the governor of such state\ntakes action to withdraw therefrom. Such action shall not be effective\nuntil six months after notice thereof has been sent by the chief\nexecutive of the state desiring to withdraw to the chief executive of\nall states then parties to the compact.\n 2. The original notice of ratification received from the governor or\nother duly authorized official of any state or province joining in the\ncompact shall be filed with the official copy of the compact in the\noffice of the secretary of state of this state, and such notice, if any,\nas may be received from the president or the congress of the United\nStates, signifying the consent of the congress to the compact, shall be\nfiled in the same manner.\n 3. Pursuant to article three of the compact the three representatives\nof this state on the Northeastern Forest Fire Protection Commission,\nhereinafter called commissioners, shall be: an officer of the Department\nof Environmental Conservation designated by the Commissioner of\nEnvironmental Conservation; a member of the legislature who is also a\nmember of the joint legislative committee on interstate cooperation, who\nshall be designated by said committee; and a citizen of the state\ndesignated by the Governor as his responsible representative to serve at\nthe pleasure of the Governor. The commissioners shall have, exercise and\nperform, on behalf of the state of New York, all of the powers and\nduties conferred and imposed by the compact upon members of the\nNortheastern Forest Fire Protection Commission. They shall serve as such\ncommissioners without compensation, but shall be reimbursed for their\nexpenses, including travel and other expenses both within and without\nthe state, actually and necessarily incurred by them in the performance\nof their duties under this section and such compact. Such expenses shall\nbe payable on the audit and warrant of the Comptroller, on vouchers\ncertified or approved by the Commissioner of Environmental Conservation\nin the manner prescribed by law, out of any moneys appropriated or\navailable therefor to the Department of Environmental Conservation. The\ncommissioners serving on the effective date of this section shall\ncontinue in office until their successors have qualified, or until\notherwise ceasing to be commissioners pursuant to law.\n 4. The Comptroller of the state of New York is hereby authorized and\nempowered to examine from time to time the accounts and books of the\ncommission, including its receipts, disbursements and such other items\nreferring to its financial condition as he may deem proper and to report\nthe results of such examinations to the Governor of this state.\n 5. a. The Northeastern Forest Fire Protection Commission shall submit\nannually, in accordance with the laws and practices of this state, to\nthe Governor for study and consideration by him, an estimate of moneys\nrequired to administer, manage and support the commission. Such estimate\nshall include any request for appropriation of funds by New York and\nshall be accompanied by a tabulation of similar requests which the\ncommission expects to make to each other member state and the formula or\nfactors upon which such respective requests are based.\n b. The Commissioner of Environmental Conservation shall be afforded an\nopportunity to comment on any budget request by the commission, and the\ncommission shall be furnished with a copy of any such comments.\n 6. No provision of the Conservation Law and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Northeastern Interstate\nForest Fire Protection Compact shall be applicable to the commission or\nto any matter governed by the Northeastern Interstate Forest Fire\nProtection Compact.\n 7. On August 15, 1964 and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe commission with respect to forest fire protection in New York and\nshall report to the commission thereon. The Commissioner of\nEnvironmental Conservation shall transmit a copy of such report to the\nGovernor. The Commissioner of Environmental Conservation may make such\nadditional reports to the commission and the Governor as he deems\nappropriate.\n 8. If any part or provision of this section or of the compact\ncontained herein shall be adjudged unconstitutional by a court of\ncompetent jurisdiction, all other parts of this section or of such\ncompact, as the case may be, shall nevertheless continue in full force\nand effect. If it shall be adjudged by a court of competent jurisdiction\nthat any commissioner appointed pursuant to subdivision three of this\narticle is disqualified from serving or is ineligible to serve as such\ncommissioner for any reason or cause, such commissioner shall not\nthereby forfeit any other public office then held by him or any of the\nemoluments thereof and the vacancy on the commission thereby created\nshall be filled by the Governor by the appointment of a citizen and\nresident of this state not subject to such disqualification or\nineligibility.\n