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FOREST SERVICE MANUAL
PORTLAND, OREGON
TITLE 3100 - COOPERATIVE FIRE PROTECTION
R-6 Supplement No. 3100-95-1
Effective June 29, 1995
POSTING NOTICE. Supplements are numbered consecutively by title and
calendar year. Post by document name. Remove entire document, if one exists, and
replace with this supplement. The last R-6 Supplement to this manual was R-6
Supplement 3100-93-1.
This supplement supersedes Supplement 3100-93-1
Document Name
3170
Superseded New
(Number of Sheets)
18
18
Digest:
This is a TECHNICAL SUPPLEMENT. Minor editorial changes made. The 2
cooperative agreements found wuithin this document are exempt from the 50%
Reduction Project.
JOHN E. LOWE
Regional Forester
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FSM 3100 - COOPERATIVE FIRE PROTECTION
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CHAPTER 3170 - COOPERATION
3172 - Agreements with State and Other Political Subdivisions. Cooperative
Agreement between State of Oregon, State Forester, and Forest Service, U.S.
Department of Agriculture, effective February 8, 1991 (exhibit 01).
Cooperative Agreement between State of Washington, Department of Natural
Resources and Forest Service, U.S. Department of Agriculture, effective November
28, 1989 (exhibit 02).
Reciprocal operating plans are an integral part of the State-wide Forest Service
Agreement. They should be so thought out as to cover all items all parties will do
for each other under the reciprocal authority.
An annual update is necessary to determine any problem areas and review any
changes in types and quantities of fire suppression resources. The Forest
Supervisor is delegated Authority to sign as approved the annual operating plan.
One signed copy will be forwarded to the Regional Office.
The following is a sample outline with items that may be considered as part of the
operating plan.
I.
Purpose of Agreement.
A.
What parties involved.
B.
Reference parent documents.
C.
Definitions.
II.
Presuppression
A.
What parties involved.
1.
Overhead and qualifications standards.
2.
Joint teams and other.
B.
Detection
1.
Air
2.
Fixed
C.
Communications
1.
Dispatching.
a.
How often
b.
Who
c.
What
D.
Fire dispatch system
1.
Who does dispatch
2.
Dispatch blocks
3.
Balance of resources
E.
Fire road maintenance
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F.
III.
IV.
V.
Fire equipment
1.
Difference
2.
Standards
Suppression
A.
Extended initial attack
B.
Air attack
C.
Fire reports
D.
Multiple fire situation
1.
Modify dispatch to accommodate
E.
Designating Fire Boss
Prevention
A.
Closures
B.
Industrial shutdowns
C.
Burning permits
D.
Tool inspections
E.
Fire Danger Rating
F.
Special program
1.
School contacts
2.
Poster program
G.
Fire Investigation
General
A.
Coordination of media, news releases, etc.
B.
Slash disposal
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3172 - Exhibit 01
COOPERATIVE AGREEMENT
between
STATE OF OREGON, STATE FORESTER
and
U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE
THIS AGREEMENT is effective on the date last shown on the
signature page. The agreement is enacted by and between the United States of
America, citing by and through the Regional Forester, Pacific Northwest Region of
the USDA, Forest Service, under authority of Section 5, Act of April 24, 1950 (16
USC 572), the Reciprocal Fire Protection Act of 1955 (42 USC 1856) the Act of
December 1975, 16 USC
565A (PL 94-148), and the Cooperative Forestry
Assistance Act of 1978
(PL 95-313), hereinafter referred to as "FOREST
SERVICE," and the State of Oregon, acting by and through the State Forester, with
approval of the State Board of Forestry and by the authority of Oregon Revised
Statues, Chapters 477 and 526, hereinafter referred to as "STATE."
WITNESSETH:
WHEREAS, the FOREST SERVICE has the responsibility for
protection of all national forest lands from fire.
WHEREAS, protection of state, designated federal, county, municipally,
and privately owned forest land is provided by STATE through a coordinated
system involving the STATE and its contracting Forest Protection Associations
which maintain a standard of protection approved by the Board of Forestry; and
WHEREAS, certain of the lands for which FOREST SERVICE, STATE
and its contracting Forest Protection Associations are responsible for the protection
from fire are intermingled or adjacent; and
WHEREAS, it will be mutually beneficial for the FOREST SERVICE
and STATE to furnish reciprocal fire protection services for each other in the
vicinity of their respective forces, and
WHEREAS, it will be mutually beneficial for the FOREST SERVICE,
and STATE to perform cooperative services for each other under agreed to
circumstances as reimbursable work:
NOW, THEREFORE, FOREST SERVICE and STATE, in consideration
of the covenants and conditions hereinafter set forth, do agree as follows:
ARTICLE I
1.00 Definitions
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1.01 "Assisting Party" or "Assisting Field Unit" means the agency
assisting the responsible party.
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3172 - Exhibit 01--Continued
1.02 "Cooperative Fire Protection Services" are fire protection services
furnished by one party to the other pursuant to a supplemental
agreement to this agreement and performed as fully reimbursable
work.
1.03 "Direct Costs" are those costs exclusively related to the
suppression effort.
1.04 "Field Unit" means a forest protection district under the STATE
system and a National Forest under the FOREST SERVICE system.
1.05 "Fire Protection Services" shall include but not be limited to fire
prevention, detection, fire suppression aviation operations,
support and facilitating services, as used by either party.
1.06 "First 24 hours" means the 24-hour period during a fire control
effort starting at time of initial dispatch to the fire and ending
hours later.
1.07 "Forest Protection Association" means an association of owners of
forest lands, organized for the purpose of protecting membership
forest lands from fire, and under contract with the State Forester
for providing protection on other forest lands.
1.08 "Indirect Costs" are those costs that provide direction and support
to an agency's fire program, but are not directly attributable to
a specific incident. These costs typically include that portion of
an agency's overhead and general support services needed to support
the fire program. Each agency's indirect cost rate will be
adjusted annually in accordance with appropriate accounting
procedures.
1.09 "Initial Attack Forces" means the suppression personnel and
equipment of either or both agencies that are dispatched to a fire
in accordance with a systematic dispatch plan.
1.10 "National Forest Lands" means lands administered by FOREST SERVICE.
1.11 "Reciprocal Fire Services" shall mean fire suppression assistance
extended by either party to lands of the other party as each may be
in a position to furnish. For purposes of this agreement all land
protected by Oregon Department of Forestry and United States Forest
Service within Oregon are considered to be reciprocal.
1.12 "Reimbursable Work" means reinforcements exceeding initial attack
forces furnished by either party at the request of the other, fire
protection furnished as a cooperative fire protection service, or
cooperative resource.
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1.13 Management work.
1.14 "Responsible Party" or "Responsible Field Unit" is the party or
agency having the legal responsibility for protection of the land
on which a fire exists or for which services are sought.
3172 - Exhibit 01--Continued
ARTICLE II
RECIPROCAL FIRE SERVICES
(42 USC 1856)
(ORS 477.406)
2.00 Plans
2.01 Annually prior to the fire season, adjoining STATE and FOREST
SERVICE field units will mutually prepare their plans for initial
attack as reciprocal fire suppression services. At this time,
plans should also be reviewed and agreement reached concerning such
items as placement crews, engines, air tankers, helicopters, fixed
and aerial detection, regulated use, closures and other joint fire
control efforts. The mutually agreed upon plan(s) will be signed
by the designated field unit representatives after review by the
designated representatives of the State Forester and the Regional
Forester.
2.02 Air tankers may be planned, however the responsible party will
assume flight time and retardant costs incurred.
Initial Attack
2.03 Initial attack on all fires occurring on lands of intermingled or
adjoining protection responsiblitly will be in accordance with the
planned dispatch procedures. The plan shall provide for daily
contact between field units to determine availability of reciprocal
fire suppression forces. If a fire is controlled by the planned
initial attack forces within the first 24-hour period and no
reinforcements of the assisting field unit are required, there
shall be no claim for reimbursement except for mop-up work
extending beyond the 24-hour period when agreed to by the
responsible field unit.
Reinforcements and Requested Services
2.05 If a fire is not controlled by the initial attack forces and
reinforcements or services are requested by the responsible party,
the responsible party will reimburse the assisting party for all
direct costs not identified as initial attack.
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2.06 If it is determined that a fire will not be controlled in the first
24-hour period and reciprocal fire suppression services are being
furnished by either the STATE or FOREST SERVICE on land of the
other, the party having responsibility must take over the fire
within the first 24 hours, or request that the initial attack party
continue suppression action beyond the 24-hour period. Such
request for continued suppression action, if agreed to by the
initial attack party, will be subject to reimbursement of direct
costs incurred beyond the first 24-hour period.
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3172 - Exhibit 01--Continued
Fire on or Threatening lands of Both Parties
2.07 A field unit of either agency may, upon its own initiative and
without reimbursement, go upon lands of the other to engage in fire
suppression work for the protection of its lands. The responsible
field unit shall be recognized as being in charge of fire
suppression.
2.08 When a fire is burning on lands of both parties and reinforcements
are required in addition to the initial attack forces, one of the
following organization options should be used:
2.09
1.
Division of fire responsibilities based upon ownership,
acreage, access, or damage potential.
2.
Dual agency fire organization with one incident commander.
3.
One agency to assume total fire effort, with the other
agency maintaining full liaison with the fire
organization. Plans for suppression action, mop-up,
and patrol shall be arrived at in a joint meeting and
when agreed upon shall be recorded in writing at the
time of planning. When one party performs work or
otherwise incurs expense for which the other party is
responsible, the officers in charge shall reach agreement
as to the specific work to be performed while on the
ground. Such agreements shall be in writing and modified
as necessitated by changing fire situations. Direct costs
of such work are reimbursable.
4.
Unified command. Incident objectives are developed jointly
by representatives of both agencies acting together to
perform the command function. Written agreements developed
by the Unified Command will detail fire organization,
specify suppression responsibilities, and specify
responsibility for suppression costs. Such agreements
shall be modified as necessitated by changing fire
situations.
Requested aid by either STATE or FOREST SERVICE of the other to
furnish reinforcements, will be honored as current conditions
permit. Costs for such assistance, which may include contractors,
inmates, military, or other cooperators, will be reimbursed by the
requesting agency.
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3172 - Exhibit 01--Continued
Payments and Recovery of Costs
2.10 Each party will notify the respective administrative headquarters
of any reimbursable claims which they intend to make and will
provide an estimate within 60 days of amount involved in each
reimbursable action; and, the final itemized billing within 120
days unless otherwise agreed to. When mutually agreed and both
parties have been involved in a common fire incident, fire
suppression payments may be offset in a consolidated statement, and
the party with the excess expenditures will be reimbursed by the
other party.
2.11
If a fire, within the jurisdiction of one agency, is determined to
have been started through negligence, or a willful or illegal act,
or is determined collectable through statutory or contract
authority, the party responsible for fire protection will attempt
collection of appropriate costs, including initial attack, incurred
in suppressing the fire. In such event either agency may make the
necessary investigation. The investigation report(s) shall be made
available immediately to the agency seeking to recover the cost of
suppression.
2.12
In those cases where costs have been recovered from a third party,
reimbursement of initial attack costs to the extent included in the
recovery will be made to the party taking initial attack action, if
such party did not have the fire protection responsibility.
2.13
Nothing herein contained shall be understood to impair the right of
the United States, the State of Oregon or any person, or
corporation to recover the costs of suppression and damages on
account of fires resulting from the negligent, willful or illegal
act of any forest landowner, timber operator or other person or
corporation, or to impair any other rights of similar nature under
Oregon or Federal laws. Whenever such costs of suppression are
recovered that have the effect of reducing the net expenditures of
the STATE or the FOREST SERVICE due reimbursement by this
agreement, then such collections shall be reported and subtracted
or credited to the amount due as reimbursement.
ARTICLE III
COOPERATIVE FIRE PROTECTION SERVICES
(16 USC 565 AND 572)
(ORS 477.406 AND ORS 526.046)
3.01
If the STATE or FOREST SERVICE has land on which field units of
either party wishes the other to provide specific services or
assume fire protection responsibility, such request will be made
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the subject of a supplemental agreement to this agreement. Each
supplemental agreement will:
1. Be executed prior to the time the services are to be supplied.
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3172 - Exhibit 01--Continued
2. Identify the service to be supplied the other party and the
agreed upon amount to be paid to the party furnishing the
service.
3. Indicate the time service is to be supplied and reimbursement
made.
4. Be signed by the designated field representatives after review
by the designated representatives of the State Forester and
Regional Forester.
3.02 Work performed by either party for the other pursuant to
supplemental agreement will be deemed cooperative fire protection
services.
3.03 In either case, it is mutually agreed that all costs of furnishing
such fire protection services will be subject to full
reimbursement, including indirect costs, by the party receiving
services.
ARTICLE IV
OTHER COOPERATIVE RESOURCE MANAGEMENT WORK
(PL 94-148)
(ORS 477.406 AND ORS 526.046)
4.01 Either party may propose cooperative projects of forestry
protection, including, but not limited to, timber stand
improvement, debris removal, and thinning of trees at any time.
These projects will be authorized by the execution of a separate
project agreement between the Forest Supervisor and State District
Forester citing this agreement.
4.02 Unless otherwise agreed upon, the assisting party will furnish
supervision to its crew members while performing services on the
responsible party's lands.
4.03 The responsible party will, as necessary, provide on-the-job
direction to the assisting party's crew leader on project work
accomplishments. Such directions will be for priority of action
and for quality and quantity standards of work.
4.04 The responsible party will reimburse the assisting party for its
direct costs and indirect costs upon receipt of an itemized billing
properly certified as to satisfactory work accomplished as received
from the assisting party. Direct expenses will be those incurred
in the conduct of work including employer's payroll costs.
Indirect expenses will be those for necessary support services and
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costs incurred in common with other activities of the assisting
party.
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3172 - Exhibit 01--Continued
ARTICLE V
MISCELLANEOUS PROVISIONS
5.01 Annually, if deemed necessary, prior to May 1, representatives of
the STATE and FOREST SERVICE will meet and review matters of mutual
concern.
5.02 Where prescribed burning, including prescribed natural fire, is
undertaken in an area of mutual protection or boundaries, the
agency planning or managing the burn will notify the other agency.
5.03 Wildfires resulting from prescribed fires (including prescribed
natural fire) that were ignited by or managed at the direction or
under the supervision of one of the parties shall be the
responsibility of that party. All suppression costs shall be borne
by that responsible party. A party may take appropriate
suppression action when lands under its protection jurisdiction are
involved in or threatened by the fire. Such suppression action may
be taken on its own initiative or at the request of the responsible
party. A party may take appropriate suppression action, at the
request of the responsible party, when lands under its protection
jurisdiction are not involved in or threatened by the fire. The
responsible party shall reimburse the other party for all
suppression costs incurred in accordance with this clause.
5.04 It is the intent of this agreement that the FOREST SERVICE and the
STATE are each acting as the other's agent when performing work
under this agreement on lands for which the other has the fire
protection responsibility.
5.05 The STATE and the FOREST SERVICE, in performing the work required
by this agreement, shall not discriminate against any employee or
applicant for employment because of sex, race, religion, color, or
national origin, and shall include a similar provision in all
sub-contracts for such work. The aforesaid provisions shall
include but not be limited to the following; employment,
upgrading, demotion or transfer, recruitment advertising, layoff
or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
5.06 No member or delegate to Congress or resident commissioner, after
his/her election or appointment and either before or after he/she
had qualified and during his/her continuance in office, and no
officer, agent or employee of the Government shall be admitted to
any share or part of this contract or agreement or to any benefit
that may arise therefrom, unless it is made with a corporation for
its general benefit.
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5.07 Under this agreement neither party will charge interest on due
billings.
5.08 Nothing in this agreement shall be construed as binding either
party to expend any sum in excess of an available appropriation.
3172 - Exhibit 01--Continued
5.09 This agreement supersedes the agreement between the parties hereto
entered into as of the first day of August, 1977, and any and all
supplemental agreements and amendments entered thereunder.
5.10 It is mutually agreed that each party to this agreement hereby
waives all claims against the other party for compensation for any
loss, damage, personal injury, or death occurring in consequence
of fire protection services furnished hereunder.
ARTICLE VI
DURATION - CANCELLATION
6.01 This agreement shall remain in full force and effect unless
terminated either by mutual consent of the parties or by
cancellation by thirty days' written notice from one party to
the other party, given only during the months of November to
February, inclusive.
6.02 In the event of cancellation, financial liability of the parties
hereto will be determined on the basis of service rendered up to
the time of cancellation
IN WITNESS WHEREOF, the parties hereto have executed this
agreement.
STATE OF OREGON, Aciting by and U.S.
AGRICULTURE,
through the State Forester
Forest Service, Region Six
/s/James E. Brown
State Forester of Oregon
Date: 01/29/91
/s/Richard A. Ferraro
(for)Regional Forester
Date: 02/08/91
DEPARTMENT
OF
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3172 - Exhibit 02
COOPERATIVE AGREEMENT
between
STATE OF WASHINGTON, DEPARTMENT OF NATURAL RESOURCES
and
FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE
THIS AGREEMENT, effective on the date last shown on the signature
page, by and between the United Sates of America acting
by and through the Regional Forester, Pacific Northwest Region of the U.S. Forest
Service, under authority of Section 5, Act of April 24, 1950 (16 USC 572), and the
Reciprocal Fire Protection Act of 1955 (42 USC 1856) and the Act of December 12,
1975, 16 USC 565-a-1-3 (PL 94-148) hereinafter referred to as "FOREST
SERVICE," and the State of Washington, Department of Natural Resources acting
by and through the Supervisor, under the authority of the State Forestry Laws
(Title 76), hereinafter referred to as "DNR."
WITNESSETH:
WHEREAS, the FOREST SERVICE has the responsibility for protection
of all national forest lands from fire and has implemented it through National Fire
Planning; and,
WHEREAS, protection of state, county, municipally, and privately
owned forest land is provided by "DNR," or its designated agent, which maintains a
standard of protection approved by the Supervisor; and
WHEREAS, certain lands for which FOREST SERVICE and DNR are
independently responsible for the protection from fire are intermingled or adjacent;
and
WHEREAS, it will be mutually beneficial for the FOREST SERVICE or
DNR to perform cooperative services for the other under agreed to circumstances as
a reimbursable work:
NOW, THEREFORE, the parties hereto, FOREST SERVICE and DNR,
in consideration of the covenants and conditions hereinafter set forth, do agree as
follows:
Definitions
1. "Reciprocal Fire Protection Services" shall mean that each party hereto will,
with its fire organization maintaining fire protection services in the vicinity of the
other's lands, give aid by furnishing fire protection services to such lands of the
other party as each may be in a position to furnish.
2. "Cooperative Fire Protection Services" shall mean fire protection performed
by the FOREST SERVICE as a fully reimbursable work for the DNR on lands which
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are the responsibility of the DNR, and by the DNR on lands which are the
responsiblity of the FOREST SERVICE.
3172 - Exhibit 02--Continued
3. "OFFSET Fire Protection" means an exchange of protection area or
services--one balancing the other between the two agencies on the basis of cost
equality, rather than acreage equality.
4. "Fire Protection Services" shall mean fire prevention, detection, attack
forces, aviation operations and support and facilitating services, as used by either
party.
5. "Initial Attack Forces" means the suppression personnel and equipment of
either or both agencies that will be dispatched to a fire in accordance with a
cooperative systematic dispatch plan.
6. "Reinforcements" shall mean all forces in excess of initial attack forces
during the first twenty-four (24) hours after initial attack and all forces after the
first 24 hours.
7. "Field Unit" means a forest protection region under the DNR system and a
National Forest under the FOREST SERVICE system.
8. "National Forest Lands" means lands administered by the FOREST
SERVICE.
9. "DNR - Private Lands" means those lands protected under the Forest
Protection Laws, Title 76, Revised Code of Washington.
10. "Direct costs" includes all expenditures that can be identified as expended
in support of a specific incident. This will include wages, benefits, supplies,
equipment, and transportation.
11. "Indirect costs" are those costs that provide direction and support to the
agency's fire program, but are not directly attributable to the specific incident.
These costs typically include that portion of the agency's overhead and general
support services needed to support the fire program. Each agency's indirect cost
rate will be adjusted annually in accordance with mandated accounting procedures.
RECIPROCAL FIRE PROTECTION SERVICES
Annually, prior to the fire season, adjoining DNR and FOREST SERVICE field
units will mutually prepare their planned dispatch for reciprocal fire protection
services. At this time plans should also be reviewed and agreed to covering such
items as placement of crews, ground and aerial tankers, helicopters, fixed and aerial
detection, regulated use, closures, and other joint fire control efforts. The mutually
agreed to plan will be signed by the designatred field unit representatives after
review by the DNR and the FOREST SERVICE.
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Air tankers may be planned, but the DNR or FOREST SERVICE, whichever is the
responsible agency for lands involved, will assume flight time and retardant costs
incurred.
Initial attack on all fires occurring on lands intermingled or adjoining protection
responsibility will be in accordance with the planned dispatch procedures.
3172 - Exhibit 02--Continued
If a fire is controlled by the planned initial attack forces within the first 24 hour
time period and no additional forces of the initial attack party are required, there
shall be no claim for reimbursement.
If a fire is not controlled by the initial attack forces, or if additional forces of the
initial attack part are required, all direct costs not identified as initial attack will be
reimbursable.
When reciprocal fire protection services are being furnished by either the DNR or
FOREST SERVICE on lands for which the other has fire protection responsibility,
the party having responsibility must take over the fire within the first 24 hours, or
request that the initial attack party continue suppression action beyond the 24 hour
period.
Such request for continued suppression action, if agreed to by the initial attack
party, will be subject to reimbursement of all direct fire suppression costs.
A field unit of either party may, upon its own initiative and without reimbursement,
go upon land which is the protection responsibility of the other to suppress fires
that threaten lands for which it is responsible. The field unit responsible for fire
protection shall be recognized as being in charge of fire suppression if there is
present and available a qualified employee to assume responsibility.
When a fire, burning on intermingled lands and fire suppression responsibilities of
the parties requires additional forces beyond the initial attack forces, one of the
following organization options should be used:
1. Division of fire responsibilities based upon ownership, acreage, access, or
damage potential.
2. Dual agency fire organization with one Incident Commander.
3. One agency to assume total fire effort, with the other agency maintaining
full liaison with the fire organization.
Plans for suppression action, mop-up, and patrol shall be arrived at in a joint
meeting and when agreed upon shall be recorded in writing at the time of planning.
When one party performs work or otherwise incurs expense for which the other
party is responsible, the officers in charge shall reach agreement as to the specific
work to be performed while on the ground. Such agreements shall be in writing and
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modified as necessitated by changing fire situations. Direct fire suppression costs of
such work are reimbursable.
Requests by either DNR or FOREST SERVICE of the other to furnish
reinforcement forces for fire each have protection responsibility for, will be honored
as current conditions permit. Such assistance will be reimbursable by the
requesting agency for all direct costs incurred by the assisting party.
3172 - Exhibit 02--Continued
COOPERATIVE FIRE PROTECTION SERVICES
If the DNR or FOREST SERVICE has land on which either wishes the other to
assume fire protection responsibility, such request will be made the subject of a
protection agreement under authority of this agreement.
Such work when performed by the FOREST SERVICE or DNR will be deemed
cooperative fire protection services.
In either case, it is mutually agreed that all costs of furnishing such fire protection
services including indirect costs will be subject to reimbursement.
OFFSET FIRE PROTECTION SERVICES
The FOREST SERVICE shall provide the DNR annually, prior to the initiation of
fire season, an updated listing of DNR lands to be protected on an offset basis by the
FOREST SERVICE. These listings shall be by ownership, legal description, and
acreage.
The DNR shall provide the FOREST SERVICE annually, prior to the initiation of
fire season, an updated listing of FOREST SERVICE lands to be protected on an
offset basis by the DNR. These listings shall be by ownership, legal description and
acreage.
Both parties mutually agreed as follows:
1. Annually, prior to the initiation of fire season, to make specific requests
known as a subject for the annual fire protection plan meeting group to consider.
2. To identify the services to be supplied by each party in the annual fire
protection plan.
3. To identify the value of the offset services and the standards for these
services in the annual fire protection plan.
4. To incorporate offset arrangements into the annual fire protection plan.
5. Initial attack on all fires occurring on lands within offset areas will be in
accordance with the planned dispatch procedure.
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6. If the fire is controlled within 24 hours of initial attack, there will be no
claim for reimbursement, i.e., no claim for additional forces, mop-up after 24 hours,
or tankers ordered during the first 24 hours, etc.
7. If the fire is not controlled within 24 hours of initial attack, all direct costs
incurred after 24 hours or other mutually agreed upon time, will be reimbursable by
the owner agency.
3172 - Exhibit 02--Continued
8. When the fire is uncontrolled after 24 hours, the owner agency must take
over the fire, or request the protecting agency to continue the suppression action.
GENERAL
Each party will notify the respective administrative headquarters of any
reimbursable claims which they intend to make and will strive to provide an
estimate within 60 days of amount involved in each reimbursable action. The final
itemized claim should be submitted to the party owed within 120 days of the
suppression action.
When mutually agreed and both parties have been involved in a common fire
incident, fire suppression payments may be offset in a consolidated statement, and
the party with the excess expenditures will be reimbursed by the other party.
Where slash disposal is undertaken in an area of mutual protection or on adjacent
land, the agency planning the burning will notify the adjoining agency.
It is the intent of this agreement that the FOREST SERVICE and the DNR are
each acting as the other's agent when performing work under this agreement on
lands for which the other has the fire protection responsibility.
In the event that a third party has been determined to be negligent or otherwise
responsible for causing a fire, it is agreed that each party incurring nonreimbursable cost will decide whether to pursue collection action against the third
party. Each party will keep the other party currently informed about their decision
to make demand against a third party, to settle any demand made, or to seek legal
action to enforce a demand.
In those cases where costs have been recovered from the negligent or otherwise
responsible party, reimbursement of initial attack costs will be made to the party
taking initial attack action, if such party does not have fire protection
responsibility.
It is mutually agreed that each party to this agreement hereby waives all claims
against the other party for compensation for any loss, damage, personal injury or
death occurring in consequence of fire protection furnished hereunder.
R-6 SUPPLEMENT 3100-95-1
EFFECTIVE 6/29/95
3170
Page 21 of 18
Annually, if deemed necessary, prior to May 1, representatives of the DNR and
FOREST SERVICE will meet and review matters of concern.
R-6 SUPPLEMENT 3100-95-1
EFFECTIVE 6/29/95
3170
Page 22 of 18
3172 - Exhibit 02--Continued
Nothing herein contained shall be understood to impair the right of the United
States, the State of Washington, or any person or corporation to recover the costs of
suppression and damages on account of fires resulting from negligent, willful or
unlawful act of any forest landowner, timber operator or any other person or
corporation or to impair any other rights of similar nature under Washington
Forestry Laws, Federal Laws, or general law. Whenever such costs of suppression
are recovered that have the effect of reducing the net expenditures of the DNR or
the FOREST SERVICE due reimbursement by this agreement, then such
collections shall be reported and subtracted or credited to the amount due as
reimbursement.
The DNR and the FOREST SERVICE, in performing the work required by this
agreement, shall not discriminate against any employee or applicant for
employment because of sex, race, religion, color, or national origin, and shall include
a similar provision in all subcontracts for such work. The aforesaid provisions shall
include, but not be limited to, the following: layoff or termination, rates of pay or
other forms of compensation and selection for training, including apprenticeship.
No member or delegate to Congress or resident commissioner, after his election or
appointment and either before or after he has qualified and during his continuance
in office, and no officer, agent or, employee of the Government shall be admitted to
any share or part of this contract or agreement or to any benefit that may arise
therefrom, unless it is made with a corporation for its general benefit.
This agreement shall remain in full force and effect unless cancelled by not less
than thirty days' written notice from the party to the other party, given only during
the months of November through February of any fiscal year. This agreement may
at any time be terminated by mutual consent of the parties hereto.
Nothing in this agreement shall be construed as binding either party to expend any
sum in excess of an appropriation available.
This agreement supersedes the agreement between the parties hereto entered into
as of the second day of February 1977, and any and all supplemental agreements
entered thereunder.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
R-6 SUPPLEMENT 3100-95-1
EFFECTIVE 6/29/95
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Page 23 of 18
3172 - Exhibit 02--Continued
FOREST SERVICE, REGION 6
U.S. Department of Agriculture
DATE: 11/28/89
/s/ Mary Jo Lavin (for)
Regional Forester
STATE OF WASHINGTON
Department of Natural Resources
DATE: 12/11/89
/s/James A. Stearns
Supervisor