34-35-20 Interstate compact for the prevention and control of forest fires.
Interstate compact for the prevention and control of forest fires.
The Governor of
South Dakota may execute a compact on behalf of the state with any one or more states who may
by their legislative bodies, authorize a compact, in form substantially as follows:
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 fire fighting services
by the member states, and by 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.
This compact is operative immediately as to those states ratifying it if any two or more of the
member states have ratified it.
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 and may consult with like officials
of the other member states and may 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. Each member state may formulate and put in effect a forest fire plan for that state.
If 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, 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.
If the forces of any member state are rendering outside aid pursuant to the request of another
member state under this compact, the employees of the 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
No member state or its officers or employees rendering outside aid pursuant to this compact is
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 with rendering the outside aid.
All liability, except as otherwise provided in this compact, 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
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 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.
However, nothing in this compact prevents 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 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.
For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally
included within the forest fire fighting forces of the aiding state under the laws of the aiding state.
The compact administrators may formulate procedures for claims and reimbursement under the
provisions of this article, in accordance with the laws of the member states.
Ratification of this compact does not affect any existing statute so as to authorize or permit
curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any
Nothing in the compact authorizes or permits any member state to curtail or diminish its forest
fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate
forest fire fighting forces and equipment to meet demands for forest fire protection within its borders
in the same manner and to the same extent as if this compact were not operative.
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 in the state.
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.
Representatives of the United States Forest Service may attend meetings of the compact
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 and any other state that is party to a regional forest fire
protection compact in another region if the Legislature of the other state has given its assent to the
mutual aid provisions of this 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 executives of all states then parties to the compact.
Source: SL 2006, ch 186, § 1.