18-14 Interstate Wildland Fire Compact - North Dakota Statutes

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CHAPTER 18-14INTERSTATE WILDLAND FIRE COMPACT18-14-01. Interstate compact for the prevention and control of wildland fires. Thiscompact for the prevention and control of wildland fires is entered into and enacted into law. The
governor 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 IThe purpose of this compact is to promote effective prevention and control of forest firesin 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 IIThis compact is operative immediately as to those states ratifying it if any two or more ofthe member states have ratified it.ARTICLE IIIIn each state, the state forester or officer holding the equivalent position who isresponsible 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 purpose of this compact. Each member state may formulate and put in effect
a forest fire plan for that state.ARTICLE IVIf the state forest fire control agency of a member state requests aid from the state forestfire 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 VIf the forces of any member state are rendering outside aid pursuant to the request ofanother 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 or its officers or employees rendering outside aid pursuant to thiscompact 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.All liability, except as otherwise provided in this compact, that may arise either under thelaws 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 bythe 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.Page No. 1Each member state shall assure that workers compensation benefits in conformity withthe 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 auxiliarylegally 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 reimbursementunder the provisions of this article, in accordance with the laws of the member states.ARTICLE VIRatification of this compact does not affect any existing statute so as to authorize orpermit curtailment or diminution of the forest fire fighting forces, equipment, services, or facilities
of any member state.Nothing in this compact authorizes or permits any member state to curtail or diminish itsforest 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 toprovide 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 orarrangement between the United States forest service and a member state or states.ARTICLE VIIRepresentatives of the United States forest service may attend meetings of the compactadministrators.ARTICLE VIIIThe provisions of Articles IV and V of this compact that relate to reciprocal aid incombating, 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 IXThis compact shall continue in force and remain binding on each state ratifying it until thelegislature 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.Page No. 2Document Outlinechapter 18-14 interstate wildland fire compact