Text: S.1134 — 105th Congress (1997-1998)All Information (Except Text)
Public Law No: 105-377 (11/12/1998)
[105th Congress Public Law 377]
[From the U.S. Government Printing Office]
[[Page 112 STAT. 3391]]
Public Law 105-377
Granting the consent and approval of Congress <<NOTE: Nov. 12,
1998 - [S. 1134]>> to an interstate forest fire protection compact.
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 NORTHWEST 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:
``1.1 The purpose of this Agreement is to promote effective
prevention, presuppression and control of forest fires in the Northwest
wildland region of the United States and adjacent areas of Canada (by
the Members) by providing mutual aid in prevention, presuppression and
control of wildland fires, and by establishing procedures in operating
plans that will facilitate such aid.
``2.1 The agreement <<NOTE: State listing. Canada.>> shall
become effective for those Members ratifying it whenever any two or more
Members, the States of Oregon, Washington, Alaska, Idaho, Montana, or
the Yukon Territory, or the Province of British Columbia, or the
Province of Alberta have ratified it.
``2.2 Any State, Province, or Territory not mentioned in this
Article which is contiguous to any Member may become a party to this
Agreement subject to unanimous approval of the Members.
[[Page 112 STAT. 3392]]
``3.1 The role of the Members is to determine from time to time
such methods, practices, circumstances and conditions as may be found
for enhancing the prevention, presuppression, and control of forest
fires in the area comprising the Member's territory; to coordinate the
plans and the work of the appropriate agencies of the Members; and to
coordinate the rendering of aid by the Members to each other in fighting
``3.2 The Members may develop cooperative operating plans for the
programs covered by this Agreement. Operating plans shall include
definition of terms, fiscal procedures, personnel contacts, resources
available, and standards applicable to the program. Other sections may
be added as necessary.
``4.1 A majority of Members shall constitute a quorum for the
transaction of its general business. Motions of Members present shall be
carried by a simple majority except as stated in Article II. Each Member
will have one vote on motions brought before them.
``5.1 Whenever a Member requests aid from any other Member in
controlling or preventing wildland fires, the Members agree, to the
extent they possibly can, to render all possible aid.
``6.1 Whenever the forces of any Member are aiding another Member
under this Agreement, the employees of such Member shall operate under
the direction of the officers of the Member to which they are rendering
aid and be considered agents of the Member they are rendering aid to
and, therefore, have the same privileges and immunities as comparable
employees of the Member to which the are rendering aid.
``6.2 No Member or its officers or employees rendering aid within
another State, Territory, or Province, pursuant to this Agreement shall
be 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 therewith to the extent authorized
by the laws of the Member receiving the assistance. The receiving
Member, to the extent authorized by the laws of the State, Territory, or
Province, agrees to indemnify and save-harmless the assisting Member
from any such liability.
``6.3 Any Member rendering outside aid pursuant to this Agreement
shall be reimbursed by the Member receiving such aid for any loss or
damage to, or expense incurred in the operation of any equipment and for
the cost of all materials, transportation, wages, salaries and
maintenance of personnel and equipment incurred in connection with such
request in accordance with the provisions of the previous section.
Nothing contained herein shall prevent any assisting Member from
assuming such loss, damage,
[[Page 112 STAT. 3393]]
expense or other cost or from loaning such equipment or from donating
such services to the receiving Member without charge or cost.
``6.4 For purposes of the Agreement, personnel shall be
considered employees of each sending Member for the payment of
compensation to injured employees and death benefits to the
representatives of deceased employees injured or killed while rendering
aid to another Member pursuant to this Agreement.
``6.5 The Members shall formulate procedures for claims and
reimbursement under the provisions of this Article.
``7.1 When appropriations for support of this agreement, or for
the support of common services in executing this agreement, are needed,
costs will be allocated equally among the Members.
``7.2 As necessary, Members shall keep accurate books of account,
showing in full, its receipts and disbursements, and the books of
account shall be open at any reasonable time to the inspection of
representatives of the Members.
``7.3 The Members may accept any and all donations, gifts, and
grants of money, equipment, supplies, materials and services from the
Federal or any local government, or any agency thereof and from any
person, firm or corporation, for any of its purposes and functions under
this Agreement, and may receive and use the same subject to the terms,
conditions, and regulations governing such donations, gifts, and grants.
``8.1 Nothing in this Agreement shall be construed to limit or
restrict the powers of any Member to provide for the prevention,
control, and extinguishment of wildland fires or to prohibit the
enactment of enforcement of State, Territorial, or Provincial laws,
rules or regulations intended to aid in such prevention, control and
extinguishment of wildland fires in such State, Territory, or Province.
``8.2 Nothing in this Agreement shall be construed to affect any
existing or future Cooperative Agreement between Members and/or their
respective Federal agencies.
``9.1 The Members may request the United States Forest Service to
act as the coordinating agency of the Northwest Wildland Fire Protection
Agreement in cooperation with the appropriate agencies for each Member.
``9.2 The Members will hold an annual meeting to review the terms
of this Agreement, any applicable Operating Plans, and make necessary
``9.3 Amendments to this Agreement can be made by simple majority
vote of the Members and will take effect immediately upon passage.
[[Page 112 STAT. 3394]]
``10.1 This Agreement shall continue in force on each Member
until such Member takes action to withdraw therefrom. Such action shall
not be effective until 60 days after notice thereof has been sent to all
``11.1 Nothing is this Agreement shall obligate the funds of any
Member beyond those approved by appropriate legislative action.''.
SEC. 2. OTHER STATES.
Without further submission of the compact, the consent of Congress
is given to any State to become a party to it in accordance with its
SEC. 3. RIGHTS RESERVED.
The right to alter, amend, or repeal this Act is expressly reserved.
Approved November 12, 1998.
LEGISLATIVE HISTORY--S. 1134:
CONGRESSIONAL RECORD, Vol. 144 (1998):
July 30, considered and passed Senate.
Oct. 15, considered and passed House.