State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-60_11

Article 4B.

Southeastern Interstate Forest Fire Protection Compact.

§ 113‑60.11.  Execution of Compact authorized;terms of Compact.

The legislature on behalf of this State is hereby authorized to executea Compact, in substantially the following form, with any one or more of thestates of Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina,Tennessee, Virginia, and West Virginia, and the legislature hereby signifies inadvance its approval and ratification of such Compact:

SOUTHEASTERNINTERSTATE FOREST FIRE PROTECTION COMPACT

ARTICLEI.

The purpose of this Compact is to promote effective prevention andcontrol of forest fires in the Southeastern region of the United States by thedevelopment of integrated forest fire plans, by the maintenance of adequateforest fire‑fighting services by the member states, by providing formutual aid in fighting forest fires among the compacting states of the regionand with states which are party to other regional forest fire protectioncompacts or agreements, and for more adequate forest protection.

ARTICLE II.

This Compact shall become operative immediately as to those statesratifying 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 Congresshas given consent thereto. Any state not mentioned in this Article which iscontiguous with any member state may become a party to this Compact, subject toapproval by the legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the equivalentposition who is responsible for forest fire control shall act as compactadministrator for that state and shall consult with like officials of the othermember states and shall implement cooperation between such states in forestfire prevention and control.

The compact administrators of the member states shall coordinate theservices of the member states and provide administrative integration incarrying out the purposes of this Compact.

There shall be established an advisory committee of legislators,forestry commission representatives, and forestry or forest products industriesrepresentatives which shall meet from time to time with the compactadministrators. Each member state shall name one member of the Senate and onemember of the House of Representatives who shall be designated by that state'scommission on interstate cooperation, or if said commission cannot constitutionallydesignate the said members, they shall be designated in accordance with laws ofthat state; and the governor of each member state shall appoint tworepresentatives, one of whom shall be associated with forestry or forestproducts industries to comprise the membership of the advisory committee.Action shall be taken by a majority of the compacting states, and each stateshall be entitled to one vote.

The compact administrators shall formulate and, in accordance withneed, from time to time, revise a regional forest fire plan for the memberstates.

It shall be the duty of each member state to formulate and put ineffect a forest fire plan for that state and take such measures as may benecessary to integrate such forest fire plan with the regional forest fire planformulated by the compact administrators.

ARTICLEIV.

Whenever the state forest fire control agency of a member staterequests aid from the state forest fire control agency of any other memberstate in combating, controlling or preventing forest fires, it shall be theduty of the state forest fire control agency of that state to render allpossible aid to the requesting agency which is consonant with the maintenanceof protection at home.

ARTICLE V.

Whenever the forces of any member state are rendering outside aidpursuant to the request of another member state under this Compact, theemployees of such state shall, under the direction of the officers of the stateto which they are rendering aid, have the same powers (except the power of arrest),duties, rights, privileges and immunities as comparable employees of the stateto which they are rendering aid.

No member state or its officers or employees rendering outside aidpursuant to this Compact shall be liable on account of any act or omission onthe part of such forces while so engaged, on account of the maintenance, or useof any equipment or supplies in connection therewith: Provided, that nothingherein shall be construed as relieving any person from liability for his ownnegligent act or omission, or as imposing liability for such negligent act oromission upon any state.

All liability, except as otherwise provided hereinafter, that may ariseeither under the laws of the requesting state or under the laws of the aidingstate or under the laws of a third state on account of or in connection with arequest for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this Compact shallbe 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 foraid, and for the cost of all materials, transportation, wages, salaries, andsubsistence of employees and maintenance of equipment incurred in connectionwith such request: Provided, that nothing herein contained shall prevent anyassisting member state from assuming such loss, damage, expense or other costor from loaning such equipment or from donating such service to the receivingmember state without charge or cost.

Each member state shall provide for the payment of compensation anddeath benefits to injured employees and the representatives of deceasedemployees in case employees sustain injuries or are killed while renderingoutside aid pursuant to this Compact, in the same manner and on the same termsas if the injury or death were sustained within such state.

For the purposes of this Compact the term employee shall include anyvolunteer or auxiliary legally included within the forest fire fighting forcesof the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims andreimbursement under the provisions of this Article, in accordance with the lawsof the member states.

ARTICLE VI.

Ratification of this Compact shall not be construed to affect anyexisting statute so as to authorize or permit curtailment or diminution of theforest fire fighting forces, equipment, services or facilities of any memberstate.

Nothing in this Compact shall be construed to limit or restrict thepowers of any state ratifying the same to provide for the prevention, controland extinguishment of forest fires, or to prohibit the enactment or enforcementof state laws, rules or regulations intended to aid in such prevention, controland extinguishment in such state.

Nothing in this Compact shall be construed to affect any existing orfuture cooperative relationship or arrangement between any federal agency and amember state or states.

ARTICLE VII.

The compact administrators may request the United States Forest Serviceto act as a research and coordinating agency of the Southeastern InterstateForest Fire Protection Compact in cooperation with the appropriate agencies ineach state, and the United States Forest Service may accept responsibility forpreparing and presenting to the compact administrators its recommendations withrespect to the regional fire plan. Representatives of any federal agencyengaged in forest fire prevention and control may attend meetings of thecompact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this Compact which relate tomutual aid in combating, controlling or preventing forest fires shall beoperative as between any state party to this Compact and any other state whichis party to a regional forest fire protection compact in another region:Provided, that the legislature of such other state shall have given its assentto such mutual aid provisions of this Compact.

ARTICLE IX.

The Compact shall continue in force and remain binding on each stateratifying it until the legislature or the governor of such state, as the lawsof such state shall provide, takes action to withdraw therefrom. Such actionshall not be effective until six months after notice thereof has been sent bythe chief executive of the state desiring to withdraw to the chief executivesof all states then parties to the Compact. (1955, c. 803, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-60_11

Article 4B.

Southeastern Interstate Forest Fire Protection Compact.

§ 113‑60.11.  Execution of Compact authorized;terms of Compact.

The legislature on behalf of this State is hereby authorized to executea Compact, in substantially the following form, with any one or more of thestates of Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina,Tennessee, Virginia, and West Virginia, and the legislature hereby signifies inadvance its approval and ratification of such Compact:

SOUTHEASTERNINTERSTATE FOREST FIRE PROTECTION COMPACT

ARTICLEI.

The purpose of this Compact is to promote effective prevention andcontrol of forest fires in the Southeastern region of the United States by thedevelopment of integrated forest fire plans, by the maintenance of adequateforest fire‑fighting services by the member states, by providing formutual aid in fighting forest fires among the compacting states of the regionand with states which are party to other regional forest fire protectioncompacts or agreements, and for more adequate forest protection.

ARTICLE II.

This Compact shall become operative immediately as to those statesratifying 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 Congresshas given consent thereto. Any state not mentioned in this Article which iscontiguous with any member state may become a party to this Compact, subject toapproval by the legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the equivalentposition who is responsible for forest fire control shall act as compactadministrator for that state and shall consult with like officials of the othermember states and shall implement cooperation between such states in forestfire prevention and control.

The compact administrators of the member states shall coordinate theservices of the member states and provide administrative integration incarrying out the purposes of this Compact.

There shall be established an advisory committee of legislators,forestry commission representatives, and forestry or forest products industriesrepresentatives which shall meet from time to time with the compactadministrators. Each member state shall name one member of the Senate and onemember of the House of Representatives who shall be designated by that state'scommission on interstate cooperation, or if said commission cannot constitutionallydesignate the said members, they shall be designated in accordance with laws ofthat state; and the governor of each member state shall appoint tworepresentatives, one of whom shall be associated with forestry or forestproducts industries to comprise the membership of the advisory committee.Action shall be taken by a majority of the compacting states, and each stateshall be entitled to one vote.

The compact administrators shall formulate and, in accordance withneed, from time to time, revise a regional forest fire plan for the memberstates.

It shall be the duty of each member state to formulate and put ineffect a forest fire plan for that state and take such measures as may benecessary to integrate such forest fire plan with the regional forest fire planformulated by the compact administrators.

ARTICLEIV.

Whenever the state forest fire control agency of a member staterequests aid from the state forest fire control agency of any other memberstate in combating, controlling or preventing forest fires, it shall be theduty of the state forest fire control agency of that state to render allpossible aid to the requesting agency which is consonant with the maintenanceof protection at home.

ARTICLE V.

Whenever the forces of any member state are rendering outside aidpursuant to the request of another member state under this Compact, theemployees of such state shall, under the direction of the officers of the stateto which they are rendering aid, have the same powers (except the power of arrest),duties, rights, privileges and immunities as comparable employees of the stateto which they are rendering aid.

No member state or its officers or employees rendering outside aidpursuant to this Compact shall be liable on account of any act or omission onthe part of such forces while so engaged, on account of the maintenance, or useof any equipment or supplies in connection therewith: Provided, that nothingherein shall be construed as relieving any person from liability for his ownnegligent act or omission, or as imposing liability for such negligent act oromission upon any state.

All liability, except as otherwise provided hereinafter, that may ariseeither under the laws of the requesting state or under the laws of the aidingstate or under the laws of a third state on account of or in connection with arequest for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this Compact shallbe 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 foraid, and for the cost of all materials, transportation, wages, salaries, andsubsistence of employees and maintenance of equipment incurred in connectionwith such request: Provided, that nothing herein contained shall prevent anyassisting member state from assuming such loss, damage, expense or other costor from loaning such equipment or from donating such service to the receivingmember state without charge or cost.

Each member state shall provide for the payment of compensation anddeath benefits to injured employees and the representatives of deceasedemployees in case employees sustain injuries or are killed while renderingoutside aid pursuant to this Compact, in the same manner and on the same termsas if the injury or death were sustained within such state.

For the purposes of this Compact the term employee shall include anyvolunteer or auxiliary legally included within the forest fire fighting forcesof the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims andreimbursement under the provisions of this Article, in accordance with the lawsof the member states.

ARTICLE VI.

Ratification of this Compact shall not be construed to affect anyexisting statute so as to authorize or permit curtailment or diminution of theforest fire fighting forces, equipment, services or facilities of any memberstate.

Nothing in this Compact shall be construed to limit or restrict thepowers of any state ratifying the same to provide for the prevention, controland extinguishment of forest fires, or to prohibit the enactment or enforcementof state laws, rules or regulations intended to aid in such prevention, controland extinguishment in such state.

Nothing in this Compact shall be construed to affect any existing orfuture cooperative relationship or arrangement between any federal agency and amember state or states.

ARTICLE VII.

The compact administrators may request the United States Forest Serviceto act as a research and coordinating agency of the Southeastern InterstateForest Fire Protection Compact in cooperation with the appropriate agencies ineach state, and the United States Forest Service may accept responsibility forpreparing and presenting to the compact administrators its recommendations withrespect to the regional fire plan. Representatives of any federal agencyengaged in forest fire prevention and control may attend meetings of thecompact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this Compact which relate tomutual aid in combating, controlling or preventing forest fires shall beoperative as between any state party to this Compact and any other state whichis party to a regional forest fire protection compact in another region:Provided, that the legislature of such other state shall have given its assentto such mutual aid provisions of this Compact.

ARTICLE IX.

The Compact shall continue in force and remain binding on each stateratifying it until the legislature or the governor of such state, as the lawsof such state shall provide, takes action to withdraw therefrom. Such actionshall not be effective until six months after notice thereof has been sent bythe chief executive of the state desiring to withdraw to the chief executivesof all states then parties to the Compact. (1955, c. 803, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-60_11

Article 4B.

Southeastern Interstate Forest Fire Protection Compact.

§ 113‑60.11.  Execution of Compact authorized;terms of Compact.

The legislature on behalf of this State is hereby authorized to executea Compact, in substantially the following form, with any one or more of thestates of Alabama, Florida, Georgia, Kentucky, Mississippi, South Carolina,Tennessee, Virginia, and West Virginia, and the legislature hereby signifies inadvance its approval and ratification of such Compact:

SOUTHEASTERNINTERSTATE FOREST FIRE PROTECTION COMPACT

ARTICLEI.

The purpose of this Compact is to promote effective prevention andcontrol of forest fires in the Southeastern region of the United States by thedevelopment of integrated forest fire plans, by the maintenance of adequateforest fire‑fighting services by the member states, by providing formutual aid in fighting forest fires among the compacting states of the regionand with states which are party to other regional forest fire protectioncompacts or agreements, and for more adequate forest protection.

ARTICLE II.

This Compact shall become operative immediately as to those statesratifying 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 Congresshas given consent thereto. Any state not mentioned in this Article which iscontiguous with any member state may become a party to this Compact, subject toapproval by the legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the equivalentposition who is responsible for forest fire control shall act as compactadministrator for that state and shall consult with like officials of the othermember states and shall implement cooperation between such states in forestfire prevention and control.

The compact administrators of the member states shall coordinate theservices of the member states and provide administrative integration incarrying out the purposes of this Compact.

There shall be established an advisory committee of legislators,forestry commission representatives, and forestry or forest products industriesrepresentatives which shall meet from time to time with the compactadministrators. Each member state shall name one member of the Senate and onemember of the House of Representatives who shall be designated by that state'scommission on interstate cooperation, or if said commission cannot constitutionallydesignate the said members, they shall be designated in accordance with laws ofthat state; and the governor of each member state shall appoint tworepresentatives, one of whom shall be associated with forestry or forestproducts industries to comprise the membership of the advisory committee.Action shall be taken by a majority of the compacting states, and each stateshall be entitled to one vote.

The compact administrators shall formulate and, in accordance withneed, from time to time, revise a regional forest fire plan for the memberstates.

It shall be the duty of each member state to formulate and put ineffect a forest fire plan for that state and take such measures as may benecessary to integrate such forest fire plan with the regional forest fire planformulated by the compact administrators.

ARTICLEIV.

Whenever the state forest fire control agency of a member staterequests aid from the state forest fire control agency of any other memberstate in combating, controlling or preventing forest fires, it shall be theduty of the state forest fire control agency of that state to render allpossible aid to the requesting agency which is consonant with the maintenanceof protection at home.

ARTICLE V.

Whenever the forces of any member state are rendering outside aidpursuant to the request of another member state under this Compact, theemployees of such state shall, under the direction of the officers of the stateto which they are rendering aid, have the same powers (except the power of arrest),duties, rights, privileges and immunities as comparable employees of the stateto which they are rendering aid.

No member state or its officers or employees rendering outside aidpursuant to this Compact shall be liable on account of any act or omission onthe part of such forces while so engaged, on account of the maintenance, or useof any equipment or supplies in connection therewith: Provided, that nothingherein shall be construed as relieving any person from liability for his ownnegligent act or omission, or as imposing liability for such negligent act oromission upon any state.

All liability, except as otherwise provided hereinafter, that may ariseeither under the laws of the requesting state or under the laws of the aidingstate or under the laws of a third state on account of or in connection with arequest for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this Compact shallbe 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 foraid, and for the cost of all materials, transportation, wages, salaries, andsubsistence of employees and maintenance of equipment incurred in connectionwith such request: Provided, that nothing herein contained shall prevent anyassisting member state from assuming such loss, damage, expense or other costor from loaning such equipment or from donating such service to the receivingmember state without charge or cost.

Each member state shall provide for the payment of compensation anddeath benefits to injured employees and the representatives of deceasedemployees in case employees sustain injuries or are killed while renderingoutside aid pursuant to this Compact, in the same manner and on the same termsas if the injury or death were sustained within such state.

For the purposes of this Compact the term employee shall include anyvolunteer or auxiliary legally included within the forest fire fighting forcesof the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims andreimbursement under the provisions of this Article, in accordance with the lawsof the member states.

ARTICLE VI.

Ratification of this Compact shall not be construed to affect anyexisting statute so as to authorize or permit curtailment or diminution of theforest fire fighting forces, equipment, services or facilities of any memberstate.

Nothing in this Compact shall be construed to limit or restrict thepowers of any state ratifying the same to provide for the prevention, controland extinguishment of forest fires, or to prohibit the enactment or enforcementof state laws, rules or regulations intended to aid in such prevention, controland extinguishment in such state.

Nothing in this Compact shall be construed to affect any existing orfuture cooperative relationship or arrangement between any federal agency and amember state or states.

ARTICLE VII.

The compact administrators may request the United States Forest Serviceto act as a research and coordinating agency of the Southeastern InterstateForest Fire Protection Compact in cooperation with the appropriate agencies ineach state, and the United States Forest Service may accept responsibility forpreparing and presenting to the compact administrators its recommendations withrespect to the regional fire plan. Representatives of any federal agencyengaged in forest fire prevention and control may attend meetings of thecompact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this Compact which relate tomutual aid in combating, controlling or preventing forest fires shall beoperative as between any state party to this Compact and any other state whichis party to a regional forest fire protection compact in another region:Provided, that the legislature of such other state shall have given its assentto such mutual aid provisions of this Compact.

ARTICLE IX.

The Compact shall continue in force and remain binding on each stateratifying it until the legislature or the governor of such state, as the lawsof such state shall provide, takes action to withdraw therefrom. Such actionshall not be effective until six months after notice thereof has been sent bythe chief executive of the state desiring to withdraw to the chief executivesof all states then parties to the Compact. (1955, c. 803, s. 1.)