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149.310 Southeastern Interstate Forest Fire Protection Compact.
The Governor, on behalf of the Commonwealth of Kentucky, is hereby authorized to
execute a compact in substantially the following form, with any one or more of the
States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina,
Tennessee, Virginia and West Virginia, and the General Assembly hereby signifies
in advance its approval and ratification of such compact:
SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION 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 states 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 firefighting 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 firefighting 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 in such state.
Nothing in this compact shall be construed to affect any existing or future
cooperative relationship or arrangement between any 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 law 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.
History: Created 1954 Ky. Acts ch. 100, sec. 1.
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