N.Y. Environmental Conservation Law § 9-1123: Northeastern Interstate Forest Fire Protection Compact

§ 9-1123. Northeastern Interstate Forest Fire Protection Compact.

The Northeastern Interstate Forest Fire Protection Compact as first

enacted by chapter seven hundred forty-four of the laws of nineteen

hundred forty-nine, and as re-enacted by chapter two hundred sixty-three

of the laws of nineteen hundred sixty-three, is hereby continued as

follows:

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 states 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 intial

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 the 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 IX-A

The provisions of article IX of this compact which relate to mutual

aid in combating, controlling or preventing forest fires shall be

operative as between any member state 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 consent to

such mutual aid provisions of this compact.

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 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

1. 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 executive of

all states then parties to the compact.

2. The original notice of ratification received from the governor or

other duly authorized official of any state or province joining in the

compact shall be filed with the official copy of the compact in the

office of the secretary of state of this state, and such notice, if any,

as may be received from the president or the congress of the United

States, signifying the consent of the congress to the compact, shall be

filed in the same manner.

3. Pursuant to article three of the compact the three representatives

of this state on the Northeastern Forest Fire Protection Commission,

hereinafter called commissioners, shall be: an officer of the Department

of Environmental Conservation designated by the Commissioner of

Environmental Conservation; a member of the legislature who is also a

member of the joint legislative committee on interstate cooperation, who

shall be designated by said committee; and a citizen of the state

designated by the Governor as his responsible representative to serve at

the pleasure of the Governor. The commissioners shall have, exercise and

perform, on behalf of the state of New York, all of the powers and

duties conferred and imposed by the compact upon members of the

Northeastern Forest Fire Protection Commission. They shall serve as such

commissioners without compensation, but shall be reimbursed for their

expenses, including travel and other expenses both within and without

the state, actually and necessarily incurred by them in the performance

of their duties under this section and such compact. Such expenses shall

be payable on the audit and warrant of the Comptroller, on vouchers

certified or approved by the Commissioner of Environmental Conservation

in the manner prescribed by law, out of any moneys appropriated or

available therefor to the Department of Environmental Conservation. The

commissioners serving on the effective date of this section shall

continue in office until their successors have qualified, or until

otherwise ceasing to be commissioners pursuant to law.

4. The Comptroller of the state of New York is hereby authorized and

empowered to examine from time to time the accounts and books of the

commission, including its receipts, disbursements and such other items

referring to its financial condition as he may deem proper and to report

the results of such examinations to the Governor of this state.

5. a. The Northeastern Forest Fire Protection Commission shall submit

annually, in accordance with the laws and practices of this state, to

the Governor for study and consideration by him, an estimate of moneys

required to administer, manage and support the commission. Such estimate

shall include any request for appropriation of funds by New York and

shall be accompanied by a tabulation of similar requests which the

commission expects to make to each other member state and the formula or

factors upon which such respective requests are based.

b. The Commissioner of Environmental Conservation shall be afforded an

opportunity to comment on any budget request by the commission, and the

commission shall be furnished with a copy of any such comments.

6. No provision of the Conservation Law and no provision of the

Environmental Conservation Law, if such provision of the Environmental

Conservation Law was derived from a provision of the Conservation Law,

which is inconsistent with the provisions of the Northeastern Interstate

Forest Fire Protection Compact shall be applicable to the commission or

to any matter governed by the Northeastern Interstate Forest Fire

Protection Compact.

7. On August 15, 1964 and at intervals of four years thereafter, the

Commissioner of Environmental Conservation shall evaluate the role of

the commission with respect to forest fire protection in New York and

shall report to the commission thereon. The Commissioner of

Environmental Conservation shall transmit a copy of such report to the

Governor. The Commissioner of Environmental Conservation may make such

additional reports to the commission and the Governor as he deems

appropriate.

8. If any part or provision of this section or of the compact

contained herein shall be adjudged unconstitutional by a court of

competent jurisdiction, all other parts of this section or of such

compact, as the case may be, shall nevertheless continue in full force

and effect. If it shall be adjudged by a court of competent jurisdiction

that any commissioner appointed pursuant to subdivision three of this

article is disqualified from serving or is ineligible to serve as such

commissioner for any reason or cause, such commissioner shall not

thereby forfeit any other public office then held by him or any of the

emoluments thereof and the vacancy on the commission thereby created

shall be filled by the Governor by the appointment of a citizen and

resident of this state not subject to such disqualification or

ineligibility.