TITLE 2

Agriculture and Forestry

CHAPTER 2-13

Northeastern Interstate Forest Fire Protection Compact

SECTION 2-13-1



   § 2-13-1  Ratification of compact –

Text. –

The governor having entered on behalf of this state into a compact,

substantially in the following form, with one or more of the states of

Connecticut, Maine, Massachusetts, New Hampshire, New York, and Vermont and

with such other states of the United States or provinces of the Dominion of

Canada as may have legally joined therein, the legislature hereby signifies its

approval and ratification of the compact so entered into, as to any of such

states or provinces that may have or may hereafter legally join in the compact:



   NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION

COMPACT

   ARTICLE I

   The purpose of this compact is to promote effective

prevention and control of forest fires in the northeastern region of the United

States and adjacent areas in Canada by the development of integrated forest

fire plans, by the maintenance of adequate forest fire fighting services by the

member states, by providing for mutual aid in fighting forest fires among the

states of the region and for procedures that will facilitate such aid, and by

the establishment of a central agency to coordinate the services of member

states and perform such common services as member states may deem desirable.



   ARTICLE II

   This agreement shall become operative immediately as to those

states ratifying it whenever any two or more of the states of Maine, New

Hampshire, Vermont, Rhode Island, Connecticut, New York and the Commonwealth of

Massachusetts have ratified it and the congress has given its consent. Any

state not mentioned in this article which is contiguous with any member state

may become a party to this compact. Subject to the consent of the congress of

the United States, any province of the Dominion of Canada which is contiguous

with any member state may become a party to this compact by taking such action

as its laws and the laws of the Dominion of Canada may prescribe for

ratification. In this event, the term "state" in this compact shall include

within its meaning the term "province" and the procedures prescribed shall be

applied in the instance of such provinces, in accordance with the forms and

practices of the Canadian government.



   ARTICLE III

   Each state joining herein shall appoint three representatives

to a commission hereby designated as the Northeastern forest fire protection

commission. One shall be the state forester or officer holding an equivalent

position in such state who is responsible for forest fire control. The second

shall be a member of the legislature of such state designated by the commission

or committee on interstate co-operation of such state, or if there be none, or

if said commission on interstate co-operation cannot constitutionally designate

the said member, such legislator shall be designated by the governor thereof;

provided that if it is constitutionally impossible to appoint a legislator as a

commissioner from such state, the second member shall be appointed by the

governor of said state in his discretion. The third member shall be a person

designated by the governor as the responsible representative of the governor.

In the event that any province of the Dominion of Canada shall become a member

of this commission, it shall designate three members who will approximate this

pattern of representation to the extent possible under the law and practices of

such province. This commission shall be a body corporate with the powers and

duties set forth herein.



   ARTICLE IV

   It shall be the duty of the commission to make inquiry and

ascertain from time to time such methods, practices, circumstances and

conditions as may be disclosed for bringing about the prevention and control of

forest fires in the area comprising the member states, to coordinate the forest

fire plans and the work of the appropriate agencies of the member states and to

facilitate the rendering of aid by the member states to each other in fighting

forest fires.



   The commission shall formulate and, in accordance with need,

from time to time, revise a regional forest fire plan for the entire region

covered by the compact which shall serve as a common forest fire plan for that

area.



   The commission shall, more than one month prior to any

regular meeting of the legislature in any signatory state, present to the

governor and to the legislature of the state its recommendations relating to

enactments to be made by the legislature of that state in furthering the

interests and purposes of this compact.



   The commission shall consult with and advise the appropriate

administrative agencies of the states party hereto with regard to problems

connected with the prevention and control of forest fires and recommend the

adoption of such regulations as it deems advisable.



   The commission shall have power to recommend to the signatory

states any and all measures that will effectuate the prevention and control of

forest fires.



   ARTICLE V

   Any two or more member states may designate the Northeastern

forest fire protection commission as a joint agency to maintain such common

services as those states deem desirable for the prevention and control of

forest fires. Except in those cases where all member states join in such

designation for common services, the representatives of any group of such

designating states in the Northeastern forest fire protection commission shall

constitute a separate section of such commission for the performance of the

common service or services so designated provided that, if any additional

expense is involved, the states so acting shall appropriate the necessary funds

for this purpose. The creation of such a section as a joint agency shall not

affect the privileges, powers, responsibilities or duties of the states

participating therein as embodied in the other articles of this compact.



   ARTICLE VI

   The commission may request the United States forest service

to act as the primary research and co-ordinating agency of the Northeastern

forest fire protection commission, in co-operation with the appropriate

agencies in each state and the United States forest service may accept the

initial responsibility in preparing and presenting to the commission its

recommendations with respect to the regional fire plan. Representatives of the

United States forest service may attend meetings of the commission and of

groups of member states.



   ARTICLE VII

   The commission shall annually elect from its members a

chairperson and a vice-chairperson. The commission shall appoint such officers

or employees as may be required to carry the provisions of this compact into

effect, shall fix and determine their duties, qualifications and compensation,

and may at its pleasure, remove or discharge any such officer or employee. The

commission shall adopt rules and regulations for the conduct of its business.

It may establish and maintain one or more offices for the transaction of its

business and may meet at any time or place but must meet at least once a year.



   A majority of the members of the commission representing a

majority of the signatory states shall constitute a quorum for the transaction

of its general business, but no action of the commission imposing any

obligation on any signatory state shall be binding unless a majority of the

members from such signatory state shall have voted in favor thereof. For the

purpose of conducting its general business, voting shall be by state units.



   The representatives of any two or more member states, upon

notice to the chairperson as to the time and purpose of the meeting, may meet

as a section for the discussion of problems common to those states.



   Sections established by groups of member states shall have

the same powers with respect to officers, employees and the maintenance of

offices as are granted by this article to the commission. Sections may adopt

such rules, regulations and procedures as may be necessary for the conduct of

their business.



   ARTICLE VIII

   It shall be the duty of each member state for formulate and

put in effect a forest fire plan for that state and to take such measures as

may be recommended by the commission to integrate such forest fire plan with

the regional forest fire plan.



   Whenever 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 combatting, controlling or preventing forest fires, it shall be

the duty of the state forest fire control agency of that state to render all

possible aid to the requesting agency which is consonant with the maintenance

of protection at home.



   Each signatory state agrees to render aid to the forest

service or other agencies of the government of the United States in combatting,

controlling or preventing forest fires in areas under their jurisdiction

located within the member state or a contiguous member state.



   ARTICLE IX

   Whenever the forces of any member state are rendering outside

aid pursuant to the request of another member state under this compact, the

employees of such 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 this compact 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.



   All liability 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 such 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. Provided, that nothing herein contained shall prevent 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 provide for the payment of

compensation and death benefits to injured employees and the representatives of

deceased employees in case employees sustain injuries or are killed while

rendering outside aid pursuant to this compact, in the same manner and on the

same terms as if the injury or death were sustained within such state.



   For the purposes of this compact the term employee shall

include any volunteer or auxiliary legally included within the forest fire

fighting forces of the aiding state under the laws thereof.



   The commission shall formulate procedures for claims and

reimbursement under the provisions of this article.



   Aid by a member state to an area subject to federal

jurisdiction beyond the borders of such state shall not be required under this

compact unless substantially the same provisions of this article relative to

powers, liabilities, losses and expenses in connection with such aid are

embodied in federal laws.



   ARTICLE X

   When appropriations for the support of this commission or for

the support of common services maintained by the commission or a section

thereof under the provisions of article V are necessary, the commission or

section thereof shall allocate the costs among the states affected with

consideration of the amounts of forested land in those states that will receive

protection from the service to be rendered and the extent of the forest fire

problem involved in each state, and shall submit its recommendations

accordingly to the legislatures of the affected states.



   The commission shall submit to the governor of each state, at

such time as he may request, a budget of its estimated expenditures for such

period as may be required by the laws of such state for presentation to the

legislature thereof.



   The commission shall keep accurate books of account, showing

in full its receipts and disbursements, and said books of account shall be open

at any reasonable time to the inspection of such representatives of the

respective signatory states as may be duly constituted for that purpose.



   On or before the first day of December of each year, the

commission shall submit to the respective governors of the signatory states a

full and complete report of its activities for the preceding year.



   ARTICLE XI

   The representatives from any member state may appoint and

consult with an advisory committee composed of persons interested in forest

fire protection.



   The commission may appoint and consult with an advisory

committee of representatives of all affected groups, private and governmental.



   ARTICLE XII

   The commission 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 compact, and may

receive and utilize the same subject to the terms, conditions and regulations

governing such donations, gifts and grants.



   ARTICLE XIII

   Nothing in this compact shall be construed to authorize or

permit any member state to curtail or diminish its forest fire fighting forces,

equipment, services or facilities, and it shall be the duty and reponsibility

of each member state to maintain adequate forest fire fighting forces and

equipment to meet normal demands for forest fire protection within its borders.



   Nothing in this compact shall be construed to limit or

restrict the powers of any state ratifying the same 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

such prevention, control and extinguishment in such state.



   Nothing in this compact shall be construed to affect any

existing or future co-operative relationship or arrangement between the United

States forest service and a member state or states.



   ARTICLE XIV

   This compact shall continue in force and remain binding on

each state ratifying it until the legislature or the governor of such state

takes action to withdraw therefrom. Such action shall not be effective until

six months after notice thereof 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.



History of Section.

(P.L. 1950, ch. 2430, § 1; P.L. 1950, ch. 2440, § 1; G.L. 1956,

§ 2-13-1.)