§ 36-2-110 — Interstate compact for the prevention and control of forest fires

The interstate compact for the prevention and control of forest
fires as contained herein is hereby enacted into law and entered
into on behalf of this state with any and all other states
legally joining therein in a form substantially as follows:
INTERSTATE COMPACT FOR THE PREVENTION AND CONTROL
OF FOREST FIRES
ARTICLE I
Purpose
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 firefighting
services by the member states, and 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.
ARTICLE II
Operative Date
This compact is operative immediately as to those states
ratifying it if any two (2) or more of the member states have
ratified it.
ARTICLE III
State Compact Administrator; Forest Fire Plan
(a) 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.
(b) Each member state may formulate and put in effect a
forest fire plan for that state.
ARTICLE IV
Aid to Other Member States
If the state forest fire control agency of a member state
requests aid from the state forest fire control agency of
another 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
Privileges; Liability; Claims and Reimbursement
(a) 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
directions 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.
(b) 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 outside aid.
(c) 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.
(d) 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.
(e) 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.
(f) For the purposes of this compact, the term "employee"
includes any volunteer or auxiliary legally included within the
forest firefighting forces of the aiding state under the laws of
the aiding state.
(g) The compact administrators may formulate procedures
for claims and reimbursement under the provisions of this
article in accordance with the laws of the member state.
ARTICLE VI
Effect of Compact on Existing Statutes; Duties
(a) Ratification of this compact does not affect any
existing statute so as to authorize or permit curtailment or
diminution of the forest firefighting forces, equipment,
services or facilities of any member state.
(b) Nothing in this compact authorizes or permits any
member state to curtail or diminish its firefighting forces,
equipment, services or facilities. Each member state shall
maintain adequate forest firefighting forces and equipment to
meet the demands for forest fire protection within its borders
in the same manner and to the same extent as if the compact were
not operative.
(c) 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 of forest fires in the state.
(d) 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
Representatives of the United States forest service may attend
meetings of the compact administrators.
ARTICLE VIII
Operation of Articles IV and V
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 in another
region if the legislature of the other state has given its
assent to the mutual aid provisions of this compact.
ARTICLE IX
Withdrawal from Compact
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 (6) months after notice of the
withdrawal has been sent by the chief executive of the state
desiring to withdraw to the chief executive of all states then
party to the compact.