New Mexico § 68-3-1 - Interstate Compact for the Prevention and Control of Forest Fires

§ 68-3-1. Interstate Compact for the Prevention and Control of Forest Fires

The Interstate Compact for the Prevention and Control of Forest Fires is enacted into

law, and New Mexico hereby enters into the compact as a member state with all other

jurisdictions legally joining therein in the form substantially as follows: INTERSTATE COMPACT FOR THE PREVENTION AND CONTROL OF FOREST FIRES ARTICLE I Purpose The purpose of this compact is to promote effective prevention and control of forest

fires in the great plains region of the United States by the maintenance of adequate

forest firefighting services by the member states, and providing for reciprocal aid

in fighting forest fires among the compacting states of the region, including South

Dakota, North Dakota, Wyoming, Colorado and any adjoining state of a current member

state. ARTICLE II Operative Date This compact is operative immediately as to those states ratifying it if any two or

more of the member states have ratified it. ARTICLE III State Compact Administrator; Forest Fire Plan (a) In each state, the state forester or officer holding the equivalent position who

is responsible for forest fire control may act as compact administrator for that state,

consult with like officials of the other member states and implement cooperation between

the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services

of the member states and provide administrative integration in carrying out the purposes

of this compact. (b) Each member state may formulate and put in effect a forest fire plan for that

state. ARTICLE IV Aid to Other Member States If the state forest fire control agency of a member state requests aid from the state

forest fire control agency of another state in combating, controlling or preventing

forest fires, the state forest fire control agency of that state may render all possible

aid to the requesting agency, consonant with the maintenance of protection at home. ARTICLE V Claims and Reimbursement (a) Any member state rendering outside aid pursuant to this compact shall be reimbursed

by the member state receiving the aid for any loss or damage to, or expense incurred

in the operation of, any equipment used in 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 the request. However, nothing in this compact prevents any assisting member state from assuming

the loss, damage, expense or other cost, from loaning the equipment or from donating

the services to the receiving member state without charge or cost. (b) Each member state shall assure that workers compensation benefits in conformity

with the minimum legal requirements of the state are available to all employees and

contract firefighters sent to a requesting state pursuant to this compact. (c) For the purposes of this compact, the term “ employee ” includes any volunteer or auxiliary legally included within the forest firefighting

forces of the aiding state under the laws of the aiding state. (d) The compact administrators may formulate procedures for claims and reimbursement

under the provisions of this article in accordance with the laws of the member state. ARTICLE VI Effect of Compact on Existing Statutes; Duties (a) Ratification of this compact does not 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. (b) Nothing in this compact authorizes or permits any member state to curtail or diminish

its firefighting forces, equipment, services or facilities. Each member state shall maintain adequate forest firefighting forces and equipment

to meet the demands for forest fire protection within its borders in the same manner

and to the same extent as if the compact were not operative. (c) Nothing in this compact limits or restricts the powers of any state ratifying

the compact 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 the prevention, control and extinguishment of forest fires in the state. (d) Nothing in this compact affects any existing or future cooperative relationship

or arrangement between the United States forest service and a member state or states. ARTICLE VII Representatives of the United States Forest Service Representatives of the United States forest service may attend meetings of the compact

administrators. ARTICLE VIII Operation of Articles IV and V The provisions of Articles IV and V of this compact that relate to reciprocal aid

in combating, controlling or preventing forest fires are operative as between any

state party to this compact and any other state which is party to this compact in

another region if the legislature of the other state has given its assent to the mutual

aid provisions of this compact. ARTICLE IX Withdrawal from Compact This compact shall continue in force and remain binding on each state ratifying it

until the legislature or the governor of the state takes action to withdraw from the

compact. Such action is not effective until six months after notice of the withdrawal has

been sent by the chief executive of the state desiring to withdraw to the chief executive

of all states then party to the compact.