§ 2509. Status of persons rendering aid; liability; reimbursement; compensation and death
benefits—Article IX
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 maintenance or use of any equipment or supplies
in connection therewith.
All liability 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 cost 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.
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 Commission shall formulate procedures for claims and reimbursement under the provisions
of this article.
Aid by a member state to an area subject to federal jurisdiction beyond the borders
of such state shall not be required under this compact unless substantially the same
provisions of this article relative to powers, liabilities, losses and expenses in
connection with such aid are embodied in federal laws.