West Virginia Code § 20-3-25

Governor's authority to execute
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The Governor of West Virginia, on behalf of this state, is hereby authorized to execute a
compact in substantially the following form, with any one or more of the states of Delaware,
Maryland, New Jersey, Ohio, Pennsylvania and Virginia, and the Legislature hereby signifies
in advance its approval and ratification of such compact:
MIDDLE ATLANTIC INTERSTATE FOREST FIRE
PROTECTION COMPACT
ARTICLE I.
The purpose of this compact is to promote effective prevention and control of forest fires in
the middle Atlantic region of the United States by the development of integrated forest fire
plans, by the maintenance of adequate foriest firefighting services by the member states, and
by providing for mutual aid in fighting forest fires among the compacting states of the region
and with states which are party to other regional forest fire protection compacts or
agreements.
ARTICLE II.
This compact shall become operative immediately as to those states ratifying it whenever
any two or more of th e states of Delaware, Maryland, New Jersey, Ohio, Pennsylvania,
Virginia and WVest Virginia which are contiguous have ratified it and Congress has given
consent thereto.
ARTICLE III.
In each state, the state forester or officer holding the equivalent position who is responsible
for forest fire control shall act as compact administrator for that state and shall consult with
like officials of the other member states and shall implement cooperation between such
states in forest fire prevention and control.
The compact administrators of the member states shall organize to coordinate the services
of the member states and provide administrative integration in carrying out the purposes of
this compact.
The compact administrators shall formulate and, in accordance with need, from time to time,
revise a regional forest fire plan for the member states.
It shall be the duty of each member state to formulate and put in effect a forest fire plan for
that state and take such measures as may be necessary to integrate such forest fire plan
with the regional forest fire plan formulated by the compact administrators.
ARTICLE IV.
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 combating, 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.
ARTICLE V.
Whenever the forces of any member state are rendering outside aid pursuant to the request
of another member state under this compact, the emplaoyees 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, privilegles and immunities as comparable
employees of the state to which they are rendsering aid.
No member state or its officers or employeies 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, except as otherwise provided hereinafter, 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 costs 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:
Provided, That nothing herein shall be construed as relieving any person from liability for his
own negligent act or omission, or as imposing liability for such negligent act or omission
upon any state.
For the purposes of this compact the term "employee" shall include any volunteer or
auxiliary legally included within the forest firefighting forces of the aiding state under the
laws thereof.
The compact administrators shall formulate procedures for claims and reimbursement under
the provisions of this article, in accordance with the laws of the member states.
ARTICLE VI.
Nothing in this compact shall be construed to authorize or permit any member state to
curtail or diminish its forest firefighting forces, equipment, serviuces or facilities, and it shall
be the duty and responsibility of each member state to maintain adequate forest firefighting
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 shall be construed to limit or restrict the powers of any state
ratifying the same to provide for the prevention, colntrol and extinguishment of forest fires,
or to prohibit the enactment or enforcement osf 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 VII.
The compact administrators may request the United States forest service to act as the
primary research and coordinating agency of the middle Atlantic interstate forest fire
protection comVpact in cooperation with the appropriate agencies in each state, and the
United States forest service may accept the initial responsibility in preparing and presenting
to the compact administrators its recommendations with respect to the regional fire plan.
Representatives of the United States forest service may attend meetings of the compact
administrators.
ARTICLE VIII.
The provisions of articles four and five of this compact which relate to mutual aid in
combating, controlling or preventing forest fires shall be operative as between any state
party to this compact 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 assent to such mutual aid provisions of this compact.
ARTICLE IX.
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.

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