CHAPTER 63

An Act to authorize the Governor to execute, on behalf of the State of
Virginia, a certain compact with any one or more of the states of
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee, and West Virginia to promote effective
prevention and control of forest fires in the southeastern region of
the United States; to provide for members from this State to an
advisory committee to administer said compact; and to provide for

the carrying out of said compact.
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Be it enacted by the General Assembly of Virginia:

- § 1. The Governor is hereby authorized to execute, on behalf of the
State of Virginia, a compact with any one or more of the states of Ala-
bama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee, and West Virginia, which compact shall be in form
substantially as follows:

‘SOUTHEASTERN INTERSTATE FOREST FIRE
PROTECTION COMPACT

Article I.

The purpose of this compact is to promote effective prevention and
control of forest fires in the Southeastern region of the ‘United States 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 compacting states of the
region and with states which are party to other Regional Forest Fire Pro-
tection compacts or agreements, and for more adequate forest protection.

Article II.

This compact shall become operative immediately as to those states
ratifying it whenever any two or more of the states of Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Ten-
nessee, Virginia, and West Virginia, which are contiguous have ratified
it and Congress has given consent thereto. Any state not mentioned in
this article which is contiguous with any member state may become a
party to this compact, subject to approval by the legislature of each of
the member states.

Article III.

In each state, the state forester or officer holding the equivalent posi-
tion who is responsible for forest fire control shall act as compact admin-
istrator 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 coordinate
the services of the member states and provide administrative integration
in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, for-
estry commission representatives, and forestry or forest products indus-
tries representatives which shall meet from time to time with the compact
administrators. Each member state shall name one member of the Senate
and one member of the House of Representatives who shall be designated
by that state’s commission on interstate cooperation, or if said commission
cannot constitutionally designate the said members, they shall be desig-
nated in accordance with laws of that state; and the Governor of each
member state shall appoint two representatives, one of whom shall be
associated with forestry or forest products industries to comprise the
membership of the advisory committee. Action shall be taken by a major-
ity of the compacting states, and each state shall be entitled to one vote.

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.
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 main-
tenance 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
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 main-
tenance, or use of any equipment or supplies in connection therewith;
Provided, that nothing herein shall be construed as relieving any person
from liability for his own negligent act or omission, or as imposing lia-
bility for such negligent act or omission upon any state.

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 con-
nection with a request for aid, shall be assumed and borne by the request-
ing 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 answer-
ing a request for aid, and for the cost of all materials, transportation,
wages, salaries, and subsistence of employees and maintenance of equip-
ment incurred in connection with such réquest: 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 service 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 de-
ceased 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 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.

Ratification of this compact shall not be construed to affect any
existing statute so as to authorize or permit curtailment or diminution
of the forest fire fighting forces, equipment, services or facilities of any
member state.
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 any federal
agency and a member state or states.

Article VII.

The compact administrators may request the United States Forest
Service to act as a research and coordinating agency of the Southeastern
Interstate Forest Fire Protection Compact in cooperation with the ap-
propriate agencies in each state, and the United States Forest Service
may accept responsibility for preparing and presenting to the compact
administrators its recommendations with respect to the regional fire
plan, Representatives of any federal agency engaged in forest fire pre-
vention and control may attend meetings of the compact administrators.

Article VIII.

The provisions of Articles IV and V of this compact which relate to
mutual aid in combatting, 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, as
the laws of such state shall provide, 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 executives of all states then parties to the compact.

§ 2. When the Governor shall have executed said compact on behalf
of the Commonwealth of Virginia and shall have caused a verified copy
thereof to have been filed with the Secretary of the Commonwealth, and
when said compact also shall have been ratified by one or more of the
states named in § 1 of this act, then said compact shall become operative
and effective as between this State and such other state or states; and
the Governor is hereby authorized and directed to take such action as
may be necessary to complete the exchange of official documents between
this State and any other state ratifying said compact.

$ 3. Pursuant to the provisions of Article 3 of said compact, the
State Forester, under the general direction of the Director of the Depart-
ment of Conservation and Development. shall act as Compact Adminis-
trator for the State of Virginia of the compact set forth in § 1 of this act.

As Compact Administrator the State Forester shall be ex officio a
member of the Advisory Committee of the Southeastern Interstate Forest
Fire Protection Compact. and chairman ex officio of the Virginia m
of said Advisory Committee.

There shall be one group of four members of the Southeastern Inter-
state Forest Fire Protection Advisory Committee from the State of Vir-
giria. Each such member shall be appointed by the Governor and shall
serve for a term of two years. or until his successor shall have been
appointed and qualified. excep: as hereinafter provided. Two such members
CHS. 63, 64] ACTS OF ASSEMBLY 57

shall be members of the General Assembly, one from the Senate and one
from the House of Delegates, whose terms automatically shall terminate
at the time when they cease to hold such legislative office; and their
successors shall be appointed in like manner. The Governor shall appoint
the two other members from the State at large, one of whom shall be
associated with forestry or forest products industries. Vacancies occur-
ring on the committee shall be filled by appointment by the Governor for
the unexpired term. The terms of each of the initial four memberships,
whether or not appointed at such time, shall begin upon the date which
said compact shall become effective in accordance with Article II of said
compact.

The State Forester, as Compact Administrator for the State of Vir-
ginia, may delegate, from time to time, to any deputy or other subordinate
in his office, the power to be present and participate, including voting as
his representative or substitute, at any meeting of or hearing by or other
proceeding of the Compact Administrator of the Advisory Committee.

§ 4. The State Forester, under the Director of the Department of
Conservation and Development, as Compact Administrator, shall be vested
with all powers provided for in said compact and all powers necessary and
incidental to the carrying out of said compact in every particular.

§ 5. If any provision of this act or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the act which can be given effect with-
out the invalid provision or application, and to this end the provisions ot
this act are declared to be severable.

§ 6. This act shall become effective the first day of July, 1956.