Sec. 23-53. Northeastern Interstate Forest Fire Protection Compact.

      Sec. 23-53. Northeastern Interstate Forest Fire Protection Compact. The Governor on behalf of this state is authorized to enter into a compact, substantially in the
following form, with any one or more of the states of Maine, Massachusetts, New Hampshire, New York, Rhode Island and Vermont and with such other states of the United
States or provinces of the Dominion of Canada as may legally join therein:

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 cooperation of such state, or
if there be none, or if said commission on interstate cooperation 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 state 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 coordinating agency of the Northeastern Forest Fire Protection Commission, in cooperation 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 chairman and a vice-chairman. 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 chairman
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 to 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 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 a 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 responsibility 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 cooperative
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.


      (1949, S. 1942d.)