Chapter 258 Oregon Laws 1999
Session Law
AN ACT
SB 224
Relating to Northwest
Wildland Fire Protection Agreement; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The Legislative Assembly of the State
of Oregon hereby ratifies the Northwest Wildland Fire Protection Agreement set
forth in section 2 of this 1999 Act, and the provisions of such agreement
hereby are declared to be the law of this state upon such agreement becoming
effective as provided in subsection (2) of this section.
(2) This agreement shall
become effective when it has been ratified by one or more of the states
eligible to be parties to this agreement and has been consented to by the
Congress of the United States as required by section 10, Article I of the
Constitution of the United States.
SECTION 2. The provisions of the Northwest Wildland
Fire Protection Agreement are as follows:
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ARTICLE I
The purpose of this
agreement is to promote effective prevention, presuppression and control of
forest fires in the northwest wildland region of the United States and adjacent
areas of Canada by providing mutual aid in prevention, presuppression and control
of wildland fires and by establishing procedures in operating plans that will
facilitate such aid.
ARTICLE II
(1) This agreement shall
become effective for those members ratifying it whenever any two or more
members, the States of Oregon, Washington, Alaska, Idaho, Montana, the Yukon
Territory, the Province of British Columbia or the Province of Alberta have ratified
it, and when consented to by an Act of Congress of the United States.
(2) Any state, province or
territory not listed in this Article which is contiguous to any member may
become a party to this agreement subject to unanimous approval of the members.
ARTICLE III
(1) The role of the
members is to determine from time to time such methods, practices,
circumstances and conditions as may be found for enhancing the prevention,
presuppression and control of forest fires in the area comprising the members'
territory, to coordinate the plans and the work of the appropriate agencies of
the members and to coordinate the rendering of aid by the members to each other
in fighting wildland fires.
(2) The members may develop
cooperative operating plans for the program covered by this agreement.
Operating plans shall include definition of terms, fiscal procedures, personnel
contracts, resources available and standards applicable to the program. Other
sections may be added as necessary.
ARTICLE IV
A majority of members
shall constitute a quorum for the transaction of its general business. Motions
of members present shall be carried by a simple majority, except as stated in
Article II. Each member shall have one vote on motions brought before them.
ARTICLE V
Whenever a member
requests aid from any other member in controlling or preventing wildland fires,
the member agrees, to the extent the member possibly can, to render all
possible aid.
ARTICLE VI
(1) Whenever the forces
of any member are aiding another member under this agreement, the employees of
such members shall operate under the direction of the officers of the member to
whom they are rendering aid and be considered agents of the member they are
rendering aid to and, therefore, have the same privileges and immunities as
comparable employees of the member to whom they are rendering aid.
(2) No member or its
officers or employees rendering aid within another state, territory or province
pursuant to this agreement shall be liable on account of any act or omission on
the part of such forces while so engaged or on account of maintenance or use of
any equipment or supplies in connection therewith to the extent authorized by the
laws of the member receiving the assistance. The receiving member, to the
extent authorized by the laws of the state, territory or province, agrees to
indemnify and save harmless the assisting member from any such liability.
(3) Any member rendering
outside aid pursuant to this agreement shall be reimbursed by the member
receiving such aid for any loss or damage to, or expense incurred in the
operation of, any equipment and for the cost of all materials, transportation,
wages, salaries and maintenance of personnel and equipment incurred in
connection with such request in accordance with the provisions of Article V of
this agreement. Nothing contained herein shall prevent any assisting member
from assuming such loss, damage, expense or other cost from lending such
equipment or from donating such services to the receiving member without charge
or cost.
(4) For purposes of this
agreement, personnel shall be considered employees of each sending member for
the payment of compensation to injured employees and death benefits to the
representatives of deceased employees injured or killed while rendering aid to
another member pursuant to this agreement.
(5) The members shall
formulate procedures for claims and reimbursement under the provisions of this
Article.
ARTICLE VII
(1) When appropriations
for support of this agreement or for the support of common services in
executing this agreement are needed, costs will be allocated equally among the
members.
(2) As necessary, members
shall keep accurate books of account, showing in full the members' receipts and
disbursements, and the books of account shall be open at any reasonable time to
the inspection of representatives of the members.
(3) The members 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 agreement and may receive and use the same subject to the terms,
conditions and regulations governing such donations, gifts and grants.
ARTICLE VIII
(1) Nothing in this
agreement shall be construed to limit or restrict the powers of any member to
provide for the prevention, control and extinguishment of wildland fires or to
prohibit the enactment or enforcement of state, territorial or provincial laws,
rules or regulations intended to aid in such prevention, control and
extinguishment of wildland fires in such state, territory or province.
(2) Nothing in this agreement
shall be construed to affect any existing or future cooperative agreement
between members or their respective federal agencies.
ARTICLE IX
(1) The members may
request the United States Forest Service to act as the coordinating agency of
the Northwest Wildland Fire Protection Agreement in cooperation with the
appropriate agencies of each member.
(2) The members will hold an
annual meeting to review the terms of this agreement and any applicable
operating plans and make necessary modifications.
(3) Amendments to this
agreement can be made by simple majority vote of the members and will take
effect immediately upon passage.
ARTICLE X
This agreement shall
continue in force on each member until such member takes action to withdraw
therefrom. Such action shall not be effective until 60 days after notice
thereof has been sent to all other members.
ARTICLE XI
Nothing in this
agreement shall obligate the funds of any member beyond those approved by
appropriate legislative action.
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SECTION 3. As used in the Northwest Wildland Fire
Protection Agreement as set forth in section 2 of this 1999 Act, "all
possible aid" means the assistance that a member can provide in response
to a request for aid without materially diminishing the overall fire prevention
or protection capabilities of the member at the time of the request and for the
duration of the response to provide assistance.
SECTION 4. If the Northwest Wildland Fire Protection
Agreement is amended in accordance with Article IX of the agreement, the
Governor shall invoke Article X of the agreement to withdraw from the agreement
until such time as the Legislative Assembly ratifies the amendment, or during
the interim between legislative sessions, until such time as the State Forester
submits the amendment to the Emergency Board for review. The State Forester
shall submit any amendment reviewed by the Emergency Board to the next
Legislative Assembly for ratification. If the Legislative Assembly does not
ratify the amendment prior to adjournment sine die, the Governor shall
immediately invoke Article X of the agreement to withdraw from the agreement.
SECTION 5. The Governor shall make reasonable efforts
to use local available fire protection resources within Oregon before calling
on forces from other members of the Northwest Wildland Fire Protection
Agreement.
SECTION 6. The Governor may take any action necessary
to carry out the Northwest Wildland Fire Protection Agreement as set forth in
section 2 of this 1999 Act. The Governor may delegate the authority granted
under this section or sections 4 and 5 of this 1999 Act to the State Forester.
SECTION 7. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
June 15, 1999
Filed in the office of
Secretary of State June 17, 1999
Effective date June 15, 1999
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