S.B. 19
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SENATE BILL NO. 19–COMMITTEE ON NATURAL RESOURCES
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON NATURAL RESOURCES)
PREFILED NOVEMBER 5, 2024
____________
Referred to Committee on Natural Resources
SUMMARY—Authorizes the Governor to enter into certain
interstate fire compacts. (BDR 47-381)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to interstate fire compacts; ratifying the Great
Plains Wildland Fire Protection Compact upon a
declaration by the Governor; ratifying the Northwest
Wildland Fire Protection Agreement upon a declaration
by the Governor; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
In 2007, the United States Congress approved the Great Plains Wildland Fire 1
Protection Compact. The Compact: (1) authorizes the state forester or officer 2
holding the equivalent position who is responsible for forest fire control to consult 3
with like officials of other member states and implement cooperation between the 4
states in forest fire prevention and control; (2) authorizes member states to provide 5
reciprocal aid in fighting forest fires among the compacting states if the state forest 6
fire control agency of a member state requests aid; (3) provides that the fire fighting 7
forces of any member state that renders outside aid at the request of another 8
member state have, with certain exceptions, the same powers, duties, rights, 9
privileges and immunities as comparable employees of the state to which they are 10
rendering aid; (4) provides that a member state is not liable for any act or omission 11
of its fire fighting forces made in connection with rendering outside aid to a 12
member state; (5) provides that any liability that may arise is assumed by the 13
member state that requests aid; (6) requires a member state that receives aid from 14
another member state to reimburse the member state that provided the aid; (7) 15
requires each member state to maintain adequate forest fire fighting forces and 16
equipment to meet the demands for forest fire protection within its borders; and (8) 17
provides that the Compact is effective and binding on each state ratifying it until 18
the legislature or the governor of the state takes action to withdraw from the 19
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Compact. (Pub. L. No. 110-79) Section 2 of this bill ratifies the Compact. Section 20
4 of this bill requires the Governor to notify the member states of the Compact that 21
Nevada has ratified the Compact. Section 5 of this bill makes the ratification of the 22
Compact effective on the date on which the Governor of this State declares that this 23
State has ratified the Compact and the State’s entry has been approved. 24
In 1998, the United States Congress approved the Northwest Wildland Fire 25
Protection Agreement. The Agreement: (1) provides that the role of the members is 26
to coordinate the plans and work of the appropriate agencies and to coordinate the 27
rendering of aid to members in fighting wildland fires; (2) provides that the 28
members agree to render aid when any other member requests aid in controlling or 29
preventing wildland fires; (3) requires the employees of any member providing aid 30
to operate under the direction of the officers of the member to whom the aid is 31
rendered; (4) provides that the employees of any members providing aid have the 32
same privileges and immunities as comparable employees of the member to whom 33
they are rendering aid; (5) provides that a member is not liable for any act or 34
omission of its fire fighting forces made in connection with rendering aid to a 35
member; (6) requires a member that receives aid from another member to 36
reimburse the member that provided the aid; (7) requires each member to keep 37
accurate books of account showing receipts and disbursements which are open to 38
inspection of representatives of a member; (8) requires the members to hold an 39
annual meeting to review the terms of the Agreement and any applicable operating 40
plans; and (9) provides that the Agreement is effective on each member until such 41
member takes action to withdraw from the Agreement. (Pub. L. No. 105-377) 42
Section 3 of this bill ratifies the Agreement. Section 4 requires the Governor to 43
notify the members of the Agreement that Nevada has ratified the Agreement. 44
Section 5 makes the ratification of the Agreement effective on the date on which 45
the Governor of this State declares that this State has ratified the Agreement and the 46
State’s entry has been approved. 47
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 527 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3, inclusive, of this 2
act. 3
Sec. 2. The Great Plains Wildland Fire Protection Compact 4
is hereby ratified, enacted into law and entered into with all 5
jurisdictions legally joining in the Compact, in substantially the 6
form set forth in this section: 7
8
THE GREAT PLAINS WILDLAND FIRE 9
PROTECTION AGREEMENT 10
11
THIS AGREEMENT is entered into by and between the State, 12
Provincial and Territorial wildland fire protection agencies 13
signatory hereto, hereinafter referred to as ‘Members’. 14
FOR, AND IN CONSIDERATION OF the following terms and 15
conditions, the Members agree: 16
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ARTICLE I 1
2
The purpose of this compact is to promote effective prevention 3
and control of forest fires in the Great Plains region of the United 4
States by the maintenance of adequate forest fire fighting services 5
by the member states, and by providing for reciprocal aid in 6
fighting forest fires among the compacting states of the region, 7
including South Dakota, North Dakota, Wyoming, Colorado, and 8
any adjoining state of a current member state. 9
10
ARTICLE II 11
12
This compact is operative immediately as to those states 13
ratifying it if any two or more of the member states have ratified it. 14
15
ARTICLE III 16
17
In each state, the state forester or officer holding the equivalent 18
position who is responsible for forest fire control may act as 19
compact administrator for that state and may consult with like 20
officials of the other member states and may implement 21
cooperation between the states in forest fire prevention and 22
control. The compact administrators of the member states may 23
organize to coordinate the services of the member states and 24
provide administrative integration in carrying out the purposes of 25
this compact. Each member state may formulate and put in effect 26
a forest fire plan for that state. 27
28
ARTICLE IV 29
30
If the state forest fire control agency of a member state requests 31
aid from the state forest fire control agency of any other member 32
state in combating, controlling, or preventing forest fires, the state 33
forest fire control agency of that state may render all possible aid 34
to the requesting agency, consonant with the maintenance of 35
protection at home. 36
37
ARTICLE V 38
39
If the forces of any member state are rendering outside aid 40
pursuant to the request of another member state under this 41
compact, the employees of the state shall, under the direction of 42
the officers of the state to which they are rendering aid, have the 43
same powers (except the power of arrest), duties, rights, privileges, 44
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and immunities as comparable employees of the state to which 1
they are rendering aid. 2
No member state or its officers or employees rendering outside 3
aid pursuant to this compact is liable on account of any act or 4
omission on the part of such forces while so engaged, or on 5
account of the maintenance or use of any equipment or supplies in 6
connection with rendering the outside aid. 7
All liability, except as otherwise provided in this compact, that 8
may arise either under the laws of the requesting state or under 9
the laws of the aiding state or under the laws of a third state on 10
account of or in connection with a request for aid, shall be 11
assumed and borne by the requesting state. 12
Any member state rendering outside aid pursuant to this 13
compact shall be reimbursed by the member state receiving the aid 14
for any loss or damage to, or expense incurred in the operation of 15
any equipment answering a request for aid, and for the cost of all 16
materials, transportation, wages, salaries, and maintenance of 17
employees and equipment incurred in connection with such 18
request. However, nothing in this compact prevents any assisting 19
member state from assuming such loss, damage, expense or other 20
cost or from loaning such equipment or from donating such 21
services to the receiving member state without charge or cost. 22
Each member state shall assure that workers compensation 23
benefits in conformity with the minimum legal requirements of the 24
state are available to all employees and contract firefighters sent to 25
a requesting state pursuant to this compact. 26
For the purposes of this compact the term, employee, includes 27
any volunteer or auxiliary legally included within the forest fire 28
fighting forces of the aiding state under the laws of the aiding 29
state. 30
The compact administrators may formulate procedures for 31
claims and reimbursement under the provisions of this article, in 32
accordance with the laws of the member states. 33
34
ARTICLE VI 35
36
Ratification of this compact does not affect any existing statute 37
so as to authorize or permit curtailment or diminution of the forest 38
fighting forces, equipment, services, or facilities of any member 39
state. 40
Nothing in the compact authorizes or permits any member state 41
to curtail or diminish its forest fire fighting forces, equipment, 42
services, or facilities. Each member state shall maintain adequate 43
forest fire fighting forces and equipment to meet demands for 44
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forest fire protection within its borders in the same manner and to 1
the same extent as if this compact were not operative. 2
Nothing in this compact limits or restricts the powers of any 3
state ratifying the compact to provide for the prevention, control, 4
and extinguishment of forest fires, or to prohibit the enactment or 5
enforcement of state laws, rules, or regulations intended to aid in 6
the prevention, control, and extinguishment in the state. 7
Nothing in this compact affects any existing or future 8
cooperative relationship or arrangement between the United States 9
Forest Service and a member state or states. 10
11
ARTICLE VII 12
13
Representatives of the United States Forest Service may attend 14
meetings of the compact administrators. 15
16
ARTICLE VIII 17
18
The provisions of Articles IV and V of this compact that relate 19
to reciprocal aid in combating, controlling, or preventing forest 20
fires are operative as between any state party to this compact and 21
any other state which is party to this compact and any other state 22
that is party to a regional forest fire protection compact in another 23
region if the Legislature of the other state has given its assent to 24
the mutual aid provisions of this compact. 25
26
ARTICLE IX 27
28
This compact shall continue in force and remain binding on 29
each state ratifying it until the Legislature or the Governor of the 30
state takes action to withdraw from the compact. Such action is 31
not effective until six months after notice of the withdrawal has 32
been sent by the chief executive of the state desiring to withdraw to 33
the chief executives of all states then parties to the compact. 34
Sec. 3. The Northwest Wildland Fire Protection Agreement 35
is hereby ratified, enacted into law and entered into with all 36
jurisdictions legally joining in the Agreement, in substantially the 37
form set forth in this section: 38
39
THE NORTHWEST WILDLAND FIRE 40
PROTECTION AGREEMENT 41
42
THIS AGREEMENT is entered into by and between the State, 43
Provincial, and Territorial wildland fire protection agencies 44
signatory hereto, hereinafter referred to as “Members”. 45
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FOR AND IN CONSIDERATION OF the following terms and 1
conditions, the Members agree: 2
3
Article I 4
5
1.1 The purpose of this Agreement is to promote effective 6
prevention, presuppression and control of forest fires in the 7
Northwest wildland region of the United States and adjacent areas 8
of Canada (by the Members) by providing mutual aid in 9
prevention, presuppression and control of wildland fires, and by 10
establishing procedures in operating plans that will facilitate such 11
aid. 12
13
Article II 14
15
2.1 The agreement shall become effective for those Members 16
ratifying it whenever any two or more Members, the States of 17
Oregon, Washington, Alaska, Idaho, Montana, or the Yukon 18
Territory, or the Province of British Columbia, or the Province of 19
Alberta have ratified it. 20
2.2 Any State, Province, or Territory not mentioned in this 21
Article which is contiguous to any Member may become a party to 22
this Agreement subject to unanimous approval of the Members. 23
24
Article III 25
26
3.1 The role of the Members is to determine from time to time 27
such methods, practices, circumstances and conditions as may be 28
found for enhancing the prevention, presuppression, and control 29
of forest fires in the area comprising the Member’s territory; to 30
coordinate the plans and the work of the appropriate agencies of 31
the Members; and to coordinate the rendering of aid by the 32
Members to each other in fighting wildland fires. 33
3.2 The Members may develop cooperative operating plans 34
for the program covered by this Agreement. Operating plans shall 35
include definition of terms, fiscal procedures, personnel contacts, 36
resources available, and standards applicable to the program. 37
Other sections may be added as necessary. 38
39
Article IV 40
41
4.1 A majority of Members shall constitute a quorum for the 42
transaction of its general business. Motions of Members present 43
shall be carried by a simple majority except as stated in Article II. 44
Each Member will have one vote on motions brought before them. 45
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Article V 1
2
5.1 Whenever a Member requests aid from any other Member 3
in controlling or preventing wildland fires, the Members agree, to 4
the extent they possibly can, to render all possible aid. 5
6
Article VI 7
8
6.1 Whenever the forces of any Member are aiding another 9
Member under this Agreement, the employees of such Member 10
shall operate under the direction of the officers of the Member to 11
which they are rendering aid and be considered agents of the 12
Member they are rendering aid to and, therefore, have the same 13
privileges and immunities as comparable employees of the 14
Member to which they are rendering aid. 15
6.2 No Member or its officers or employees rendering aid 16
within another State, Territory, or Province, pursuant to this 17
Agreement shall be liable on account of any act or omission on the 18
part of such forces while so engaged, or on account of 19
maintenance or use of any equipment or supplies in connection 20
therewith to the extent authorized by the laws of the Member 21
receiving the assistance. The receiving Member, to the extent 22
authorized by the laws of the State, Territory, or Province, agrees 23
to indemnify and save-harmless the assisting Member from any 24
such liability. 25
6.3 Any Member rendering outside aid pursuant to this 26
Agreement shall be reimbursed by the Member receiving such aid 27
for any loss or damage to, or expense incurred in the operation of 28
any equipment and for the cost of all materials, transportation, 29
wages, salaries and maintenance of personnel and equipment 30
incurred in connection with such request in accordance with the 31
provisions of the previous section. Nothing contained herein shall 32
prevent any assisting Member from assuming such loss, damage, 33
expense or other cost or from loaning such equipment or from 34
donating such services to the receiving Member without charge or 35
cost. 36
6.4 For purposes of this Agreement, personnel shall be 37
considered employees of each sending Member for the payment of 38
compensation to injured employees and death benefits to the 39
representatives of deceased employees injured or killed while 40
rendering aid to another Member pursuant to this Agreement. 41
6.5 The Members shall formulate procedures for claims and 42
reimbursement under the provisions of this Article. 43
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Article VII 1
2
7.1 When appropriations for support of this agreement, or for 3
the support of common services in executing this agreement, are 4
needed, costs will be allocated equally among the Members. 5
7.2 As necessary, Members shall keep accurate books of 6
account, showing in full, its receipts and disbursements, and the 7
books of account shall be open at any reasonable time to the 8
inspection of representatives of the Members. 9
7.3 The Members may accept any and all donations, gifts, 10
and grants of money, equipment, supplies, materials and services 11
from the Federal or any local government, or any agency thereof 12
and from any person, firm or corporation, for any of its purposes 13
and functions under this Agreement, and may receive and use the 14
same subject to the terms, conditions, and regulations governing 15
such donations, gifts, and grants. 16
17
Article VIII 18
19
8.1 Nothing in this Agreement shall be construed to limit or 20
restrict the powers of any Member to provide for the prevention, 21
control, and extinguishment of wildland fires or to prohibit the 22
enactment or enforcement of State, Territorial, or Provincial laws, 23
rules or regulations intended to aid in such prevention, control 24
and extinguishment of wildland fires in such State, Territory, or 25
Province. 26
8.2 Nothing in this Agreement shall be construed to affect 27
any existing or future Cooperative Agreement between Members 28
and/or their respective Federal agencies. 29
30
Article IX 31
32
9.1 The Members may request the United States Forest 33
Service to act as the coordinating agency of the Northwest 34
Wildland Fire Protection Agreement in cooperation with the 35
appropriate agencies of each Member. 36
9.2 The Members will hold an annual meeting to review the 37
terms of this Agreement, any applicable Operating Plans, and 38
make necessary modifications. 39
9.3 Amendments to this Agreement can be made by simple 40
majority vote of the Members and will take effect immediately 41
upon passage. 42
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Article X 1
2
10.1 This Agreement shall continue in force on each Member 3
until such Member takes action to withdraw therefrom. Such 4
action shall not be effective until 60 days after notice thereof has 5
been sent to all other members. 6
7
Article XI 8
9
11.1 Nothing in this Agreement shall obligate the funds of 10
any Member beyond those approved by appropriate legislative 11
action. 12
Sec. 4. The Governor shall give notice of the ratification of the 13
Great Plains Wildland Fire Protection Compact and the Northwest 14
Wildland Fire Protection Agreement by the Legislature of Nevada to 15
the member states of the Great Plains Wildland Fire Protection 16
Compact and the members of the Northwest Wildland Fire 17
Protection Agreement. 18
Sec. 5. 1. This section and sections 1 and 4 of this act 19
become effective upon passage and approval. 20
2. Section 2 of this act becomes effective on the date on which 21
the Governor of this State declares that this State has ratified the 22
Great Plains Wildland Fire Protection Compact and the State’s entry 23
has been approved. 24
3. Section 3 of this act becomes effective on the date on which 25
the Governor of this State declares that this State has ratified the 26
Northwest Wildland Fire Protection Agreement and the State’s entry 27
has been approved. 28
H