HomeMy WebLinkAboutC81-061 USFSi
COOPERATIVE AGREEMENT
Between
COLORADO STATE FOREST SERVICE
and
EAGLE COUNTY, STATE OF COLORADO
and
GRAND JUNCTION DISTRICT, BUREAU OF LAND MANAGEMENT, USDI
and
WHITE RIVER NATIONAL FOREST, FOREST SERVICE, USDA
This COOPERATIVE AGREEMENT, made and entered into by and between the
Colorado State Forest Service hereinafter referred to as the state; Eagle
County, hereinafter referred to as the county; the Bureau of Land Management,
hereinafter referred to as the BLM; and the Forest Service, U. S. Department
of Agriculture, hereinafter referred to as Forest Service, under the pro-
visions of the following authorities:
Forest Service:
1. Specific authority for the Federal Agencies of the Department of
Interior and the Federal Agencies of the Department of Agriculture
to engage in fire control activities with other in this regard.
Reciprocal Fire Protection Agreement Act of 1955, as amended
(42 USC 1856 - 1856d).
2. Specific authority of the Forest Service to cooperate or assist
other in performing this type of work on land in State, county,
municipal or private ownership situated within or near a
National Forest and costs are reimbursed to the Forest Service.
Granger-Thye Act of April 24, 1950 (16 USC 572).
State:
Specific authorities for the Colorado State Forest Service to engage
in fire control activities are contained in section 23-30-304, 1973
CRS and 30-10-513, 1973 CRS.
County:
14� CSR 1963, as amended, 36-1-1 and 35-5-12 and 13.
BLM:
Act of July 14, 1960 (43 USC 1363) and Bureau Order No. 701 dated
July 23, 1904 as amended; Sept 20, 1922 (42 Stat. 857); June 28, 1934
(48 Stat. 1269) ; Oct 21, 1976 FLIVA (90 Stat. 274 ))
�I
Page 2
I. Purpose. To coordinate and expedite wildland fire protection activities
on certain lands within Eagle County, State of Colorado and the Rocky
Mountain Region, Region Two, with specific reference to the planning
and carrying out of programs for wildland fire prevention, presuppression
and suppression activities. The lands included in this agreement will
be specified in the Annual Operating Plan (includes maps) developed
jointly between the above parties. The operating plans are to be
reviewed and action documented annually and are made a part of this
agreement.
II. Definitions.
A. BENEFITING AGENCY - Agency which has the legal protection responsi-
bilities on the land where a wildland fire occurs.
B. COOPERATING AGENCY - Agency which cooperates, but does not have
legal protection responsibilities on the land where a wildland
fire occurs.
C. ANNUAL OPERATING PLAN - This will be comprehensive plan prepared
or reviewed and revised annually and action documented by field
level personnel of each party to the agreement. It shall set forth
basic wildland fire protection responsibilities which shall include:
a map delineating the areas each party is to protect, showing zones
for mutual aid, offsetting assistance, and/or contract; coordinated
prevention program including plans for burning permits and
restrictions where required; inventory of manpower and equipment
available and their use rates; directory of names, titles, addresses
and phone numbers of responsible Forest Service, BLM, County or
State officials of each party to the agreement; specific fire
control action plans for benefiting and cooperating agencies inside
and outside of their own protection areas; fire investigation
guidelines; communications frequencies by agency; responsibility
for maintenance of communication equipment, roads and fire control
facilities; and other mutually agreeable conditions.
D. ASSISTANCE ZONE - Zone where the protection responsibility rests
with the agency having the legal protection responsibility.
E. MUTUAL AID ZONE - Zone where both parties to the agreement have fire
suppression capability in a specific area, initial attack may be
made by either party or jointly on a mutual aid cost basis.
F. OFFSET ZONE - Zone where protection is provided by cooperating
agency, regardless of land ownership. Protection responsibilities
exchanged in such offset zones, as delineated in the Annual Operating
Plan, shall approximately equal in area, resource value, hazard
114� and risk.
Page 3
G. INTERAGENCY FIRE - Fire burning an ;area where lends involved are
under the protection responsibility of both parties to this
agreement.
H. ADMINISTRATIVE LIME PERSONNEL - Within the intent of this agreement
are: Regional Forester, Forest Supervisor and District Ranger for
the Forest Service; State Forester and District Forester for the
State; State Director, District Manager or Area Manager for the BLM;
County Commissioner for Eagle County; or an employee designated as
Acting.
III. Provisions.
A. Prevention. Each agency will cooperate in coordinating the wildland
fire prevention program to avoid duplication of effort. Specifics
are to be contained in the Annual Operating Plan.
B. Requests for Assistance. Request to County, State or Federal
Agencies shall be made to the appropriate officials specified in
the Annual Operating Plan.
C. Responsibilities. First and direct responsibility for fire
suppression rests with the benefiting agency. The cooperating
agency will notify the benefiting agency as soon as feasible
,"or, while taking fire suppression action. The cooperating agency
has the responsibility to protect and/or gather and preserve law
enforcement evidence, as may be necessary.
a. Assistance Zones.
The cooperating agency may provide assistance on request and
will be totally reimbursed for this aid. Except in the case
of interagency fires (See IIIC d.(3)).
b. Mutual Aid pones.
The agency receiving the first report of a fire, in a mutual
aid zone, will be responsible for initiating the initial
attack or ensuring it is accomplished by the cooperating
agency. Within any such mutual aid zone, as agreed to in the
Annual Operating Plan as delineated on the map attached to the
Annual Operating Plan, each agency shall assume its own full
cost of expenditures made from initial attack until 10 A.M. of
the day following initial attack. Cost incurred by the
cooperating agency after 10 A.M. on the day following initial
attack will be reimbursed by the benefiting agency, as is
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Page 4
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done in an assistance zone. Exception: since only Federal
agencies maintain and operate aerial tankers, the use of,
and reimbursement for, aerial retardant will be covered by
Section Dd of this cooperative agreement.
c. Offset Zones.
The protection agency of each Offset Zone will become the new
benefiting agency. Costs of suppression assistance by the
cooperating agency, as requested by the new benefiting
agency, will be reimbursed by the new benefiting agency.
d. Interagency Fires.
(1) Administrative line personnel of the agencies shall agree
upon and designate one individual as Fire Boss. Selection
of Fire Boss will be based on the lands threatened, forces
on the lands threatened, forces on the fire, and qualifi-
cations of immediately available Fire personnel.
(2) Administrative line personnel of the agencies shall partici-
pate in joint strategy sessions to reach mutual agreement
fire strategy and tactics.
(3) When fires spread from the area of responsibility on one
agency to the other, each agency shall stand its propor-
tionate share of the suppression costs based on its pro-
tection responsibilities as defined by the type of zone/s
involved unless other arrangements are agreed upon in
writing by administrative line personnel.
D. Payments for Reimbursable Fire Costs. Reimbursement payments will
be made by the benefiting agency upon receipt of an itemized billing
or invoice from the cooperating agency. The cooperating agency
shall maintain and support its reimbursement claim with detailed
records of services performed. Reimbursement invoices will be
submitted as promptly as practical after each fire. Reimbursement
will be made as follows and will include the appropriate part of these
costs.
a. Equipment.
(1) Agency -owned Equipment. The cooperating agency will be
reimbursed by the benefiting agency for the use of agency -
owned equipment on a predetermined basis. Rates will be
established annually and shall be issued as an attachment
to this agreement. These rates shall cover operation,
repair and depreciation.
1�J
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In the event the cooperating agency's equipment is destroyed
or excessively damaged, an investigation will be made by a
committee composed of representatives of both agencies.
This committee will investigate the circumstances in
connection with the use and damage of equipment and make
recommendations for reimbursement, replacement, or repair.
"low, (2) Mired Equipment. The benefiting agency will reimburse the
cooperating agency for the cost of equipment hired by the
cooperating agency for the fire suppression effort.
b. Labor and Related Costs.
The benefiting agency will reimburse the cooperating agency for
all direct labor costs and related travel expenses incurred as
the result of fire suppression at current agency rates. Emergency
firefighters will be paid in accordance with the rates in the
annual USDA Emergency Firefighter Pay Plan by both agencies.
c. Supplies and Materials. The benefiting agency will reimburse
the cooperating agency for costs of supplies and materials used
for the fire suppression effort.
d. Aircraft and Retardant. Use of aircraft of all types and
retardant is a management decision often involving high costs.
Reimbursement to the cooperating agency for such costs will be
made only when prior approval for use on each fire has been
obtained from the responsible administrative line officer of
the benefiting agency.
e. Services. The benefiting agency will reimburse the cooperating
agency for third -party services performed specifically for the
fire suppression effort.
E. Liability Claims. Any claim for personal injury or death occurring
in consequence of the performance of this agreement is subject to
the applicable laws and regulations.
When the Granger-Thye Act is the specific authority under which the
U. S. Forest Service is cooperating, the following clause shall apply:
The United States of America shall not be liable for any
damage incident to the performance of work under this
agreement to any depositors or landowners who are parties to
the agreement, and all such depositors or landowners hereby
expressly waive any and all claims against the United States
of America for compensation of any loss, damage, personal
injury or death occuring in consequence of the performance
of this agreement.
Page b
Mien the Reciprocal Fire Protection Act is the specific authority
under which the U. S. Forest Service is cooperating, the following
clause shall apply:
Each of the parties to this agreement do hereby expressly
waive all claims against every other party for compensation
for any loss, damage, personal injury or death occurring
in consequence of the performance of this agreement.
F. Other Conditions.
a. Nothing herein shall construed as obligating the Forest
Service to expend or as involving the United States in any
contract or other obligation for the future payment of money
in excess of appropriations authorized by law and adminis-
tratively allocated for this work.
b. No reimbursable expeditures in excess of $25,000 shall be incurred
by a cooperating agency without prior authorization of those
individuals responsible for the execution of this agreement.
c. In connection with performance of work under this contract, all
parties agree to comply with the provisions shown in Section 1,
Equal Opportunity, of Part B-Labor Standards Provision, which
is attached and made a part of this agreement. For the purpose
of this agreement, "contractor" means state; "contracting
officer" and "contracting agency" means Forest Service.
d. This agreement will be reviewed annually on or before April 1 by
participating Agency representatives.
e. No member of or delegate to Congress, or resident commissioner,
shall be admitted to any share or part of this agreement or to
any benefit that may arise therefrom; but this provision shall
not be construed to extend to this agreement if made with a
corporation for its general benefit.
f. The terms of this agreement do not apply to fires confined to
structures or vehicles.
g. This agreement is subject to all existing lasts and regulations,
and shall be interpreted to the extent possible to conform with
existing laws or regulations, that clause shall be revokable and
the remainder of the agreement binding.
IV. Executive.
This agreement becomes effective on the last date signed. The period of
this agreement shall be from the date of execution until terminated by
`vmr' mutual agreement or on 30 days written notice from one party to the others.
COLORADO STATE FOREST SERVICE
r�1/30/81 BY:
Date State Forer
U. S. DEPARTMENT OF AGRICULTURE,
FOREST SERVICE
1/30/81 BY:
Date Forest Supervisor
EAGLE COUNTY, STATE OF COLORADO
1/30/81 BY: rl
Date Chairman, County Commissioners
U. S. DEPT OF INTERIOR, BUREAU OF
LAND 1 MIAGEMENT
1/30/81 BY:
Date Area Tanager
Lq
1/30/81
Date
1/30/81
Date
1/30/81
Date
,,mole,
1/30/81
Late
COLORADO STATE FOREST SERVICE
BY
State Fore
U. S. DEPAR'DIENT OF AGRICULTURE,
FOREST SERVICE
T
BY:
Forest Supervisor
EAGLE COUNTY, STATE OF COLOR.ADO
BY:
Chairman, County Commissioners
U. S. DEPT OF INTERIOR, BUREAU OF
LAND Rk-NAGEMENT
BY. _
District ,�, r -der
1980
EAGLE COUNTY
FOREST FIRE CONTROL AGREEMENT
ANNUAL OPERATING PLAN
This is the Annual Operating Plan for Eagle County, as called for in
Section I of the Cooperative Agreement between Eagle County, U. S.
Forest Service, BLM and Colorado Forest Service.
OPERATING PLAN CONDENSED FIRE CALL DIRECTORY
Eagle County Sheriff Office 328-6611
Jack Haynes, Sheriff 328-7341 - H
Thomas- Early 049-►4013 - H
Dispatcher 328-6611 - H
U. S. Forest Service
Eagle Ranger District 328-6388
John Almond - Ranger 328-6636
Bob Kapushion 328-7203
Nftwrl Holy Cross Ranger District 827-5715
Ernie Nunn 827-4117 - H
Joe Hartman 827-5621 - H
Sopris Ranger District 963-2266
Nick Greear 963-1244 - H
Bureau of Land Management (24 hr. dispatch - fire 243-6555 - 24 hr.
season April 28 - Sept. 26) 243-6552 - day
Roy Johnson - Fire & Aviation Mgt. 243-8758 - H
Al Wright (Glenwood) Area Manager 945-2341
Jim Abbott, Glenwood 945-2341
Colorado State Forest Service - Steamboat Springs 879-0475
Terry Wattles - District Forester 879-0716 - H
,%MWI Highway Patrol (Eagle) 328-6343
LG 1400 State Forest Service Call Letters
On
005
I. FIRE PREVENTION:
Distribution of Fire Prevention materials will be handled by the USFS
in Carbondale, Eagle, Vail, Minturn, Redcliff, and Gypsum. Distribution
should cover schools and commercial establishments within the county.
The CSFS will supply the county sheriff's office with CFFP materials
for distribution on request by department.
Standard State Operating Procedures for Burning Permits will be adhered
to. The benefiting agency will follow agency prescribed policy and
procedures and notify cooperating agencies of burning projects.
Requests for closures prohibiting open fires during hazardous periods
will be made to include private, BLM, and U.S. Forest Service lands.
These requests will be made by benefiting agency with notification given
to cooperating agencies. Request should be submitted in writing to
the respective granting authority.
Each agency will prepare and release fire prevention material and
radio TV presentations according to their own prevention plans.
Coordination with cooperating agencies would be followed in order to
prevent a conflict in released material. Where pertinent, all news
releases for fire prevention will carry BLM, USFS, CSFS, NPS, local
County Sheriff by-line.
On fires in progress agency responsible for protection of lands upon
which a fire is occuring will prepare and distribute news items
concerning the fire according to its established procedures.
II. PRE -SUPPRESSION:
Agency Mobilization plans, include inventories of manpower and
equipment available, telephone directories and specific fire control
action plans, will be exchanged upon request.
CSFS equipment use rates are computed annually. A current copy is
included as Appendix i. News rates will be used when they are
published in the spring.
III. FIRE INVESTIGATION AND LAW ENFORCEMENT:
The cooperating agency will take what steps necessary to gather
evidence of fires cause as outlined in the benefiting agencies Fire
Control Procedures. Civil and Criminal follow-up action will be taken
by the benefiting agency.
For the purpose of fire law enforcement, the USFS, BLM, and Eagle
County will act under the auspices of Local Law Enforcement
Regulations.
IV. MUTUALLY AGREEABLE CONDITIONS:
A. Each party in this agreement is agreeable to making mutual aid
initial attack on fires in another parties area of responsibility
under the following conditions.
1. The fire occurs within one mile either side of USFS
boundary throughout Eagle County.
�.r 2. Mutual aid will be throughout the county between BLM
and Eagle County Fire Fighting Forces.
In the above instance the benefiting agency will be notified of the
initial attack efforts of cooperating agency as soon as possible.
B. Due to the restrictive use of motorized equipment in BLM proposed
roadless areas, USFS Wilderness Areas, Federal personnel shall
be notified before any suppression activity with motorized equip-
ment is attempted.
C. Use of roads on Forest Service lands presently closed to vehicular
travel (outside the present Wilderness Areal is hereby authorized
to all parties to the Eagle County Forest Fire Control Agreement
when use is needed for fire suppression.
D. Reimbursable manpower/equipment should be recorded prior to
release from fire or within seven days of said fire.
E. The Colorado State Patrol dispatcher will take fire reports from
the public on a 24-hour basis and relay the report to the responsible
lvp� agency.
F. Salaries for non-federal employees are established annually as AD
rates. Current rates attached as appendix ii. Unless mutually
agreed upon personnel from other than benefiting agency will be
released by 10 A.M. on the day following initial attack. Minimum
suggested rate levels established for Eagle County Fire Fighters
are as follows:
VFD Fire Chief or Acting AD-3
VFD PUMPER Operator AD-3
Trained VFD Members AD-2
County Fire Operation Officer AD-5
County Crew Leaders AD-4
County Squad Boss AD-3
Trained County Fireman AD-2
Untrained Personnel AD-1
All request for non-federal fire forces will be made through the
Eagle County Sheriff's Office.
1%00.1 G. On fires where the county is responsible for fire suppression the
CSFS will assist the county on logistics and equipment.
*tow
H.
Request for air attack_wi.11 be made directly to USFS or BLM. by
responsible official of the benefiting agency. Air attack will
be handled by qualified personnel of either the BLM or USFS in
accordance with the agencies regulations. Cooperating Agency will
be reimbursed by requesting agency for air attack only when
prior approval for use on each fire has been obtained from the
responsible administrative line officer, or acting, of the benefiting
agency. It should be noted that the cost of air retardant attack
is very expensive and one drop would require funds in the $2000
catagory. Air Reconnaissance -and Detection will be coordinated
amoung cooperating agencies.
I.
Initial attack by heavy equipment should be cleared through
benefiting agency prior to operating on fire.
J.
CSFS equipment agreements will be completed by April, annually.
K.
Cooperating agencies will keep each other informed throughout the
fire season of fire danger, suppression activities and location
of manpower and equipment.
L.
No parties to this agreement will be required or expected to dispatch
forces or equipment to assist another agency when such action would
jeopardize the fire protection responsibility of its own land.
M.
Initial action on any fire occurring on the areas covered by this
Agreement may and shall be taken by the fire organization that
first arrives at the scene of the fire, irrespective of administrative
boundaries, but the agency taking initial action shall report the
fire immediately to the benefiting agency. In the event the
cooperating agency arrives first, the officer in charge of its
forces shall serve as Acting Fire Boss until the arrival of the
suppression forces, or appropriate officer of the benefiting
agency..At such time, the Acting Fire Boss shall place himself
and his crew at the disposal of the officer of the benefiting
agency who shall then take charge of the fire as Fire Boss.
The agency taking initial action on any fire shall remain on the
fire until the fire is completely controlled and out, or until
relieved by the benefiting agency.
The benefiting agency shall relieve the cooperating agency as
promptly as possible. This includes the release of cooperating
agency manpower and equipment insofar as benefiting agency
manpower and tools are available.
