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ARTICLE I
The purpose of this agreement is to promote effective prevention, presuppression and control of forest fires in the northwest wildland region of the United States and adjacent areas of Canada by providing mutual aid in prevention, presuppression and control of wildland fires and by establishing procedures in operating plans that will facilitate such aid.
ARTICLE II
(1) This agreement shall become effective for those members ratifying it whenever any two or more members, the States of Oregon, Washington, Alaska, Idaho, Montana, the Yukon Territory, the Province of British Columbia or the Province of Alberta have ratified it, and when consented to by an Act of Congress of the United States.
(2) Any state, province or territory not listed in this Article which is contiguous to any member may become a party to this agreement subject to unanimous approval of the members.
ARTICLE III
(1) The role of the members is to determine from time to time such methods, practices, circumstances and conditions as may be found for enhancing the prevention, presuppression and control of forest fires in the area comprising the members’ territory, to coordinate the plans and the work of the appropriate agencies of the members and to coordinate the rendering of aid by the members to each other in fighting wildland fires.
(2) The members may develop cooperative operating plans for the program covered by this agreement. Operating plans shall include definition of terms, fiscal procedures, personnel contracts, resources available and standards applicable to the program. Other sections may be added as necessary.
ARTICLE IV
A majority of members shall constitute a quorum for the transaction of its general business. Motions of members present shall be carried by a simple majority, except as stated in Article II. Each member shall have one vote on motions brought before the members.
ARTICLE V
Whenever a member requests aid from any other member in controlling or preventing wildland fires, the member agrees, to the extent the member possibly can, to render all possible aid.
ARTICLE VI
(1) Whenever the forces of any member are aiding another member under this agreement, the employees of such members shall operate under the direction of the officers of the member to whom they are rendering aid and be considered agents of the member they are rendering aid to and, therefore, have the same privileges and immunities as comparable employees of the member to whom they are rendering aid.
(2) No member or its officers or employees rendering aid within another state, territory or province pursuant to this agreement shall be liable on account of any act or omission on the part of such forces while so engaged or on account of maintenance or use of any equipment or supplies in connection therewith to the extent authorized by the laws of the member receiving the assistance. The receiving member, to the extent authorized by the laws of the state, territory or province, agrees to indemnify and save harmless the assisting member from any such liability.
(3) Any member rendering outside aid pursuant to this agreement shall be reimbursed by the member receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request in accordance with the provisions of Article V of this agreement. Nothing contained herein shall prevent any assisting member from assuming such loss, damage, expense or other cost from lending such equipment or from donating such services to the receiving member without charge or cost.
(4) For purposes of this agreement, personnel shall be considered employees of each sending member for the payment of compensation to injured employees and death benefits to the representatives of deceased employees injured or killed while rendering aid to another member pursuant to this agreement.
(5) The members shall formulate procedures for claims and reimbursement under the provisions of this Article.
ARTICLE VII
(1) When appropriations for support of this agreement or for the support of common services in executing this agreement are needed, costs will be allocated equally among the members.
(2) As necessary, members shall keep accurate books of account, showing in full the members’ receipts and disbursements, and the books of account shall be open at any reasonable time to the inspection of representatives of the members.
(3) The members 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 agreement and may receive and use the same subject to the terms, conditions and regulations governing such donations, gifts and grants.
ARTICLE VIII
(1) Nothing in this agreement shall be construed to limit or restrict the powers of any member to provide for the prevention, control and extinguishment of wildland fires or to prohibit the enactment or enforcement of state, territorial or provincial laws, rules or regulations intended to aid in such prevention, control and extinguishment of wildland fires in such state, territory or province.
(2) Nothing in this agreement shall be construed to affect any existing or future cooperative agreement between members or their respective federal agencies.
ARTICLE IX
(1) The members may request the United States Forest Service to act as the coordinating agency of the Northwest Wildland Fire Protection Agreement in cooperation with the appropriate agencies of each member.
(2) The members will hold an annual meeting to review the terms of this agreement and any applicable operating plans and make necessary modifications.
(3) Amendments to this agreement can be made by simple majority vote of the members and will take effect immediately upon passage.
ARTICLE X
This agreement shall continue in force on each member until such member takes action to withdraw therefrom. Such action shall not be effective until 60 days after notice thereof has been sent to all other members.
ARTICLE XI
Nothing in this agreement shall obligate the funds of any member beyond those approved by appropriate legislative action.
______________________________________________________________________________ [1999 c.258 §2; 2003 c.14 §313]
Note: See note under 477.175.
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 477 - Fire Protection of Forests and Vegetation
Section 477.001 - Definitions.
Section 477.009 - Investigative authority of Attorney General for fire protection administration.
Section 477.013 - Smoke management plan; rules.
Section 477.027 - Establishment of classes of wildland-urban interface; rules.
Section 477.066 - Duty of owner and operator to abate fire; abatement by authorities.
Section 477.068 - Liability for cost of abatement; interest; lien; foreclosure; attorney fees.
Section 477.089 - Recovery for property damage; liability for firefighting costs.
Section 477.092 - Liability for destruction of property by wildfire.
Section 477.095 - Applicability of ORS 477.068, 477.085 and 477.089.
Section 477.100 - Ability of owner to suppress fire; limitation.
Section 477.120 - Liability of owner or operator.
Section 477.123 - Volunteer fighters of wildfires.
Section 477.128 - Expenditures for criminal defense related to fire suppression activities.
Section 477.150 - Smoke detection cameras.
Section 477.155 - Wildfire response capacity.
Section 477.161 - Fire protection for lands outside forest protection districts.
Section 477.175 - Definition of "all possible aid" for agreement.
Section 477.185 - Use of local fire protection resources.
Section 477.190 - Authority of Governor to carry out agreement.
Section 477.195 - Ratification of Northwest Wildland Fire Protection Agreement.
Section 477.200 - Northwest Wildland Fire Protection Agreement.
Section 477.205 - Definitions for ORS 477.205 to 477.281.
Section 477.220 - Lands not provided protection; lands not included within ORS 477.205 to 477.281.
Section 477.232 - Costs in excess of budget; amounts not expended.
Section 477.250 - Notice of budget meeting; notice of proposed assessment.
Section 477.255 - Holding of budget meeting; revision and submission of budget for final approval.
Section 477.260 - Appeal to board.
Section 477.270 - Budgeted cost of forester to be lien; collection; deposit of amounts collected.
Section 477.281 - Limitation on obligation of landowner for fire protection.
Section 477.295 - Minimum assessment under ORS 477.270; combining lots; fees; rules.
Section 477.315 - Definitions for ORS 477.315 to 477.325.
Section 477.317 - State Forester assistance to rangeland protection association.
Section 477.325 - Budget for rangeland protection; collection of costs; disposition of receipts.
Section 477.355 - Fire wardens generally.
Section 477.365 - Duties and powers of wardens.
Section 477.408 - Provisions of contract or agreement.
Section 477.409 - Contracts for off-season services for fire prevention and suppression personnel.
Section 477.440 - Emergency Fire Cost Committee; members; terms; vacancies.
Section 477.455 - Meetings of committee; committee administrator.
Section 477.460 - Duties of administrator; compensation and expenses.
Section 477.490 - Statewide map of wildfire risk; rules.
Section 477.503 - Reduction of wildfire risk.
Section 477.504 - No effect on management of private lands.
Section 477.505 - State Forester may declare fire season in district.
Section 477.510 - Acts prohibited during fire season.
Section 477.512 - Additional acts prohibited during fire season.
Section 477.540 - Notice of proclamation; suspension or termination; reinstatement.
Section 477.545 - Restricted uses during closure.
Section 477.550 - Violation of restrictions; access for fire fighting permitted.
Section 477.554 - Program establishment; content.
Section 477.556 - Advisory committee; membership; terms; staff.
Section 477.558 - Functions for advisory committee.
Section 477.560 - Oregon Forest Smoke Management Account; moneys paid to account; use.
Section 477.562 - Registration fee; rules.
Section 477.565 - Felling dead trees and snags; rules.
Section 477.610 - Standardization of fire-fighting equipment used to protect forestland; rules.
Section 477.615 - Additional water supply and equipment; rules.
Section 477.630 - Information in permit.
Section 477.645 - Internal combustion engines; rules.
Section 477.650 - Stationary internal combustion engines; rules; waiver.
Section 477.655 - Fire-fighting tools and equipment at operation area and on trucks; rules.
Section 477.665 - Fire watch service; rules; waiver.
Section 477.695 - Removal of flammable material from railroad rights of way.
Section 477.698 - Permits for prescribed fires; rules.
Section 477.720 - Accidentally setting fire to forestland; failure to prevent spread.
Section 477.740 - Unlawful use of fire.
Section 477.745 - Liability of parents for costs of suppressing fire caused by minor child.
Section 477.747 - Policies and plans for restoration of burned forestland.
Section 477.748 - Small forestland grant program.
Section 477.750 - Oregon Forest Land Protection Fund; source; use.
Section 477.755 - Appropriation of fund; limitation on expenditures.
Section 477.777 - Agency request budget; expenditures; report.
Section 477.960 - Collection of assessment.
Section 477.980 - Enforcement policy; rules; factors considered.