Title 12, Chapter 10, Section 61
( 12-10-61)
The Governor on behalf of this state is authorized to execute a
compact, in substantially the following form, with any one or more
of the states of Alabama, Florida, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee, Virginia, and West Virginia,
and the General Assembly signifies in advance its approval and
ratification of such compact: "Article I. The purpose of this compact is to promote effective prevention and
control of forest fires in the Southeastern region of the United
States 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 compacting States of the region and with States which are party
to other regional forest fire protection compacts or agreements, and
for more adequate forest protection. Article II. This compact shall become operative immediately as to those States
ratifying it whenever any two or more of the States of Alabama,
Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee, Virginia, and West Virginia, which are
contiguous have ratified it and Congress has given consent thereto.
Any State not mentioned in this article which is contiguous with any
member State may become a party to this compact, subject to approval
by the legislature of each of the member States. Article III. In each State, the State forester or officer holding the equivalent
position who is responsible for forest fire control shall act as
compact administrator for that State and shall consult with like
officials of the other member States and shall implement cooperation
between such States in forest fire prevention and control. The compact administrators of the member States shall coordinate the
services of the member States and provide administrative integration
in carrying out the purposes of this compact. There shall be established an advisory committee of legislators,
forestry commission representatives, and forestry or forest products
industries representatives which shall meet from time to time with
the compact administrators. Each member State shall name one member
of the Senate and one member of the House of Representatives who
shall be designated by that State's commission on interstate
cooperation, or if said commission cannot constitutionally designate
the said members, they shall be designated in accordance with laws
of that State; and the Governor of each member State shall appoint
two representatives, one of whom shall be associated with forestry
or forest products industries to comprise the membership of the
advisory committee. Action shall be taken by a majority of the
compacting States, and each State shall be entitled to one vote. The compact administrators shall formulate and, in accordance with
need, from time to time, revise a regional forest fire plan for the
member States.
It shall be the duty of each member State to formulate and put in
effect a forest fire plan for that State and take such measures as
may be necessary to integrate such forest fire plan with the
regional forest fire plan formulated by the compact administrators. Article IV. 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 combating, 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. Article V. 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: Provided, that nothing herein shall be
construed as relieving any person from liability for his own
negligent act or omission, or as imposing liability for such
negligent act or omission upon any State. All liability, except as otherwise provided hereinafter, 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 subsistence of
employees and maintenance of 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
service 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 compact administrators shall formulate procedures for claims and
reimbursement under the provisions of this article, in accordance
with the laws of the member States. Article VI. Ratification of this compact shall not be construed to affect any
existing statute so as to authorize or permit curtailment or
diminution of the forest fire fighting forces, equipment, services
or facilities of any member State. 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 on such State. Nothing in this compact shall be construed to affect any existing or
future cooperative relationship or arrangement between a Federal
agency and a member State or States. Article VII. The compact administrators may request the United States Forest
Service to act as a research and coordinating agency of the
Southeastern Interstate Forest Fire Protection Compact in
cooperation with the appropriate agencies in each State, and the
United States Forest Service may accept responsibility for preparing
and presenting to the compact administrators its recommendations
with respect to the regional fire plan. Representatives of any
Federal agency engaged in forest fire prevention and control may
attend meetings of the compact administrators. Article VIII. The provisions of Articles IV and V of this compact which relate to
mutual aid in combating, controlling or preventing forest fires
shall be operative as between any State party to this compact and
any other State which is party to a regional forest fire protection
compact in another region: Provided, that the legislature of such
other State shall have given its assent to such mutual aid
provisions of this compact. Article IX. This compact shall continue in force and remain binding on each
State ratifying it until the legislature or the Governor of such
State, as the laws of such State shall provide, 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." |