MASTER COOPERATIVE WILDLAND FIRE MANAGEMENT AND STAFFORD ACT RESPONSE AGREEMENT
Between
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
(Insert States, agreement number and DUNS number)
NATIONAL PARK SERVICE
(Insert Region, agreement number and DUNS number)
BUREAU OF INDIAN AFFAIRS
(Insert Region, agreement number and DUNS number)
UNITED STATES FISH AND WILDLIFE SERVICE
(Insert Region, agreement number and DUNS number)
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
(Insert Region, agreement number and DUNS number)
STATE OF (Insert State)
(Insert Agency Name)
(Insert agreement number and DUNS number)
(Insert other states, if applicable)
(Insert Agency Name)
(Insert agreement number and DUNS number)
(Insert Tribal Government(s), if applicable)
(Insert Agency Name)
(Insert agreement number and DUNS number)
(Insert other entities, if applicable (i.e. Agencies, Departments, etc.)
(Insert Agency Name)
(Insert agreement number and DUNS number)
10
I) By THE FOLLOWING AUTHORITIES:
Reciprocal Fire Protection Act of May 27, 1955, (69 Stat. 66; 42 U.S.C. 1856) (Federal Agencies)
Economy Act of June 30, 1932, (31 U.S.C., 1535 as amended) (Federal Agencies)
Disaster Relief Act of May 22, 1974, (42 U.S.C. 5121 as amended) (Federal Agencies)
Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288) (Federal Agencies)
Homeland Security Act of 2002 (H.R. 5005-8)
Homeland Security Presidential Directive-5 (HSPD-5)
Post-Katrina Emergency Management Reform Act of 2006. (P.L 109-295, 120 Stat. 1355)
Watershed Restoration and Enhancement Act of 1998, P.L. 105-77;
National Indian Forest Resources Management Act (P.L. 101-630, Title III) (Interior Agencies)
Taylor Grazing Act of June 28, 1934, (48 Stat. 1269; 43 U.S.C. 315) (BLM, FS)
Granger-Thye Act of April 24, 1950, (16 U.S.C., Sec 572) (FS)
Cooperative Funds and Deposits Act of Dec 12, 1975, (P.L. 94148, 16 U.S.C. 565) (FS)
Cooperative Forestry Assistance Act of July 1, 1978, as amended (16 U.S.C. 2101) (FS)
Cooperative Funds Act of June 30, 1914, (16 U.S.C. 498) (FS)
Department of the Interior and Related Agencies Appropriations Act, 1999, as included in P.L. 105-277, section 101(e);
Federal Land Policy and Management Act of Oct. 21, 1976, (P.L.94579; 43 U.S.C.)(BLM)
NPS Organic Act (16 U.S.C.1) (NPS)
National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd-668ee, 80 Stat. 927, as amended) (FWS)
National Wildlife Refuge System Improvement Act of 1997 (P.L. 105-57) (FWS)
Debt Collection Improvement Act of 1996 (DCIA), P.L. 104-134, and associated provisions of 110 Stat. 1321, 1358 (1996).
(Insert Tribal, State and Local authorities)
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TABLE OF CONTENTS
I) AUTHORITIES 2
II) PURPOSE 4
III) RECITALS 6
IV) INTERAGENCY COOPERATION 6
7. (insert name) Wildfire Coordinating Group (xxCG) 6
8. National Incident Management System 6
9. Annual Operating Plans 6
10. Interagency Dispatch Center 7
11. (insert name) Coordination Center 7
12. Interagency Resources 7
13. Standards 8
14. Definition of Responsibilities 8
15. Protection Planning 8
16. Protection Areas and Boundaries 8
17. Methods of Fire Protection and Suppression 8
18. Joint Projects and Project Plans 9
19. Fire Prevention 9
20. Public Use Restrictions 9
21. Burning Permits 9
22. Prescribed Fire and Fuel Management 10
23. Smoke Management 10
V) OPERATIONS
24. Closest Forces Concept 10
25. Fire Notifications 10
26. Boundary Line Fires 10
27. Independent Action 10
28. Escaped Prescribed Fires 10
29. Response To Wildland Fire 11
30. Delegation of Authority 11
31. Preservation of Evidence 11
VI) USE AND REIMBURSEMENT OF INTERAGENCY FIRE RESOURCES
33. Appropriated Fund Limitation 11
34. Duration of Assignments 12
35. Supplemental Fire Suppression and Cost Share Agreement 12
36. Procurement 12
37. Loaned Equipment and Supplies 12
38. Licensing 12
39. Training 12
40. Communication Systems 12
41. Fire Weather Systems 12
42. Aviation Operations 12
43. Billing Procedures 13
44. Cost Recovery 13
VII) GENERAL PROVISIONS
45. Personnel Policy 13
46. Supplemental Fire Department Resources
47. Mutual Sharing of Information 13
48. Accident Investigations 13
49. Purchaser, Contractor, Operator, Permittee, Etc., Fires 13
50. Waiver 13
51. Modifications 13
52. Annual Review 14
53. Duration of Agreement 14
54. Previous Agreements Superceded 14
55. Authorized Representatives 14
Signatures 15
EXHIBIT A. GLOSSARY OF TERMS 16
EXHIBIT B. PRINCIPAL CONTACTS 18
EXHIBIT C. OPERATING PLAN OUTLINE GUIDE 20
EXHIBIT D. REIMBURSABLE BILLINGS AND PAYMENTS 23
EXHIBIT E. SUPPLEMENTAL PROJECT PLAN 26
EXHIBIT F. SUPPLEMENTAL FIRE SUPPRESSION AND COST SHARE AGREEMENT 43
EXHIBIT G. SUPPLEMENTAL FIRE DEPARTMENT RESOURCES 50
EXHIBIT H. USE AND REIMBURSEMENT FOR STAFFORD
ACT SHARED RESOURCES 55
II) PURPOSE
The purpose of this Master Cooperative Wildland Fire Management Agreement (hereinafter called the Agreement) is to document the commitment of the Parties to this Agreement to improve efficiency by facilitating the coordination and exchange of personnel, equipment, supplies, services, and funds among the Parties to this Agreement in sustaining wildland fire management activities, such as prevention, preparedness, communication and education, fuels treatment and hazard mitigation, fire planning, response strategies, tactics and alternatives, suppression and post-fire rehabilitation and restoration.
In addition to improving efficiency in addressing wildland fire management activities, this agreement facilitates improved coordination regarding other incidents. The National Response Framework (NRF) applies to all Federal departments and agencies that may be requested to provide assistance or conduct operations during all-hazard events. However, this agreement ONLY covers such events that are declared as emergencies or major disasters that occur under the auspices of a Presidential Declaration of Emergency or Major Disaster under the Stafford Act, which may include wildland fire management and non-wildland emergencies or major disasters.
The Nation’s domestic incident management landscape changed dramatically following the terrorist attacks of September 11, 2001. Today’s threat environment includes not only the traditional spectrum of manmade and natural hazards – wildland and urban fires, floods, oil spills, hazardous materials releases, transportation accidents, earthquakes, hurricanes, tornadoes, pandemics, designated special events requiring security, and disruptions to the Nation’s energy and information technology infrastructure – but also the deadly and devastating terrorist arsenal of chemical, biological, radiological, nuclear and high-yield explosive weapons. Pre-planning through this agreement will enable better use of shared response to these types of situations.
These events also require a coordinated response by an appropriate combination of State and Tribal entities, along with the Agencies. This agreement documents the commitment of the Parties to provide cooperation, resources, and support to the Secretary of Homeland Security and Administrator of the Federal Emergency Management Agency (FEMA) in the implementation of the NRF, as appropriate and consistent with their own authorities and responsibilities.
The Parties to this Agreement are:
The State of (Insert State and Agency Name), hereinafter called (State Name) or when referred jointly with other states in this agreement called the “States”; and
(Insert other states, if applicable)
The United States Department of Agriculture Forest Service, Region (insert name(s) and number(s)); hereinafter called the “USFS”; and
The United States Department of the Interior, National Park Service, (insert name) Region, hereinafter called the “NPS”; and
The United States Department of the Interior, Fish and Wildlife Service, (insert name) Region, hereinafter called “FWS”; and
The United States Department of the Interior, Bureau of Indian Affairs, (insert name) Regional Office, hereinafter called the “BIA”; and
The United States Department of the Interior, Bureau of Land Management, (insert states), hereinafter called the “BLM” and
(Insert other Parties to this agreement)
The USFS, NPS, FWS, BIA, and the BLM may hereinafter be jointly called the "Federal Agencies."
The Federal Agencies, States, and other entities signatory to this Agreement will hereinafter be referred to as the "Parties to this Agreement."
Words and phrases used herein may have different meanings or interpretations for different readers. To establish a "common" understanding, words and phrases as used herein are defined in the Glossary attached as Exhibit A. The hierarchy of terminology will be those defined in law, those defined in policy, those defined in this template and then all other agency and interagency documentation.
In the event of a conflict, the applicable definitions for the response type, wildland fire vs Stafford Act responses will take precedence. For wildland fire, that is the NWCG Glossary of Wildland Fire Terminology, found on the “Publications” page of the National Wildfire Coordinating Group web-page (www.NWCG.gov, or by direct link at http://www.nwcg.gov/pms/pubs/glossary/index.htm), and Stafford Act Response terminology corresponds to the FEMA NIMS/MRF glossary, available at (www.fema.gov/emergency/nrf/glossary).
1) Incorporation of exhibits into agreement
The following exhibits are hereby incorporated into this Agreement (Note that Exhibits G and H relate only to Stafford Act responses):
Exhibit A / Glossary of TermsExhibit B / Principal Contacts
Exhibit C / A sample Annual Operating Plan (AOP) Outline Guide
Exhibit D / Reimbursable Billings and Payments
Exhibit E / A sample Project and Financial Plan
Exhibit F / A sample Cost Share Agreement
Exhibit G / Use and Reimbursement for Stafford Act Shared Resources
Exhibit H / Glossary of Terms for Stafford Act Response
Exhibits to this Agreement may be revised upon request of the Parties to this Agreement through execution of the Statewide Annual Operating Plans (AOPs). The latest revision of any Exhibit will automatically be incorporated into this Agreement without necessitating a formal modification as defined in Agreement Provision #51.
2) Acknowledgement of supplements to the agreement
Supplements to this Agreement, AOPs, Project and Financial Plans, and Cost Share Agreements will further describe working relationships, financial arrangements, and joint activities not otherwise specified under the terms of this Agreement.
3) Hierarchy and precedence for agreements, exhibits, etc.
Any inconsistencies in this Agreement and attachments thereto shall be resolved by giving precedence in the following order:
7. This Agreement
8. Statewide AOP
9. Exhibits to this Agreement
10. Zone or local AOP
11. Project and Financial Plan
III) RECITALS
1. Lands for which the State(s) are responsible for wildland fire protection in (list states), and the lands for which the respective Federal Agencies are responsible, are intermingled or adjacent in some areas, and wildland fires on these intermingled or adjacent lands may present a threat to the lands of the other;
2. The Parties to this Agreement maintain fire protection and fire management organizations;
3. It is to the mutual advantage of the Parties to this Agreement to coordinate efforts for the prevention and detection of, and responses to wildfires, fuels management, suppression, non wildland fire emergencies (as authorized), and cooperative projects for resource and protection objectives in and adjacent to their areas of responsibility, and to limit duplication and improve efficiency and effectiveness;
4. It is the intent of the Parties to this Agreement that State and (insert other entities) resources be available to assist in fire management activities on all federal lands, and on other lands upon which the Federal Agencies are responsible to protect;
5. It is the intent of the Parties to this Agreement that federal resources be available to assist in fire management activities on all state and private lands the States and (insert other entities) are responsible to protect; and the USFS, BLM, BIA, NPS, and FWS have entered into a national Interagency Agreement for Fire Management to cooperate in all aspects of fire management.
6. It is expected that all federal, state and local agencies will coordinate assistance and operations during Presidential/Stafford Act declared emergencies and major disasters by following the procedures and requirements established in The National Response Framework (NRF). This agreement documents the commitment of the Parties to provide cooperation, resources, and support to the Secretary of Homeland Security and Administrator of the Federal Emergency Management Agency (FEMA) in the implementation of the NRF, as appropriate and consistent with their own authorities and responsibilities. Some state and local resources are limited by statute to wildland fire response, requiring the governor to specifically approve mobilization outside of their state for non-fire emergencies.
7. The Responsibilities of the Parties to this Agreement shall be distinguished as follows:
a. Jurisdictional Agency - The Agency having overall land and resource management and/or protection responsibility for a specific geographical or functional area as provided by federal or state law. Under no circumstances will a jurisdictional Agency abdicate legal responsibilities as provided by federal or state law.
b. Protecting Agency The Agency responsible for providing direct incident management within a specific geographical area pursuant to its jurisdictional responsibility or as specified and provided by contract, cooperative agreement, etc.
c. Supporting Agency - An Agency providing suppression or other support and resource assistance to a protecting agency.
In consideration of the mutual commitments and conditions herein made, it is agreed as follows:
INTERAGENCY COOPERATION
8. (Insert name of coordinating group) Coordinating Group (xxxCG): This group shall provide coordination and recommendations for all interagency fire management activities in (insert state(s)). Membership, procedures, and guidelines will be agreed to and documented in the xxxCG Charter. National Incident Management System: The Parties to this Agreement will operate under the concepts defined in the Department of Homeland Security’s (DHS) National Incident Management System (NIMS). In implementing these concepts, Parties to this Agreement will be expected to follow the National Wildfire Coordinating Group’s (NWCG) National Interagency Incident Management System (NIIMS) minimum standards as defined in the Wildland Fire Qualifications Systems Guide (PMS-310). NWCG recognizes the ability of cooperating agencies at the local level to jointly define and accept each other’s qualifications for initial attack, extended attack, fire operations, and prescribed fire. These NWCG minimum standards are DHS NIMS compliant. The following NIMS concepts will be followed as they are implemented: Incident Command System (ICS), qualifications system, training system, the management of publications, and participating in the review, exchange and transfer of technology as appropriate for providing qualified resources, and for the management of incidents covered by this Agreement.
9. Annual Operating Plans: Annual operating plans will be developed at the Geographic, State, or sub-geographic area level and will tier to this Agreement (see Exhibit C, Operating Plan Outline Guide). The following annual operating plans are listed in descending order of precedence: