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5170.3 - Policy.
The New Mexico and Arizona State Foresters are provided with State-wide responsibility for
forest fire prevention and suppression on all non-Federal, non-municipal lands under New
Mexico statute 62-3-6.2 and Arizona statute ARS 37-623, as are their appointed agents. It is
Region 3 policy for Forest officers to assist the State foresters in carrying out their fire protection
responsibilities by implementing the joint powers agreements as approved by the cooperating
Federal agencies and the States of New Mexico and Arizona.
5171 - AGREEMENTS WITH FEDERAL AGENCIES.
Forest Supervisors are responsible for annual negotiation of initial attack boundaries with
cooperating agencies under the two Regionally negotiated joint powers agreements. Regional
Office, State and Private Forestry, State Representatives, and the Director, Aviation and Fire
Management shall coordinate between agencies under these agreements.
1. JOINT POWERS AGREEMENT BETWEEN THE STATE OF NEW MEXICO
AND THE FEDERAL AGENCIES OF THE DEPARTMENTS OF AGRICULTURE AND
INTERIOR
REF.NO.-FS-16-R3-77-0003
No.-CANMSO -90
No.-66-4
JOINT POWERS AGREEMENT
BETWEEN THE
STATE OF NEW MEXICO
AND THE
FEDERAL AGENCIES OF THE DEPARTMENTS
OF
AGRICULTURE AND INTERIOR
WITH
FIRE RESPONSIBILITIES
This is a joint powers agreement pursuant to the Joint Powers Agreement Act, Sections 4-22-1.
et seq., NMSA, 1953 comp.
This Joint Powers Agreement supersedes and replaces a similar cooperative agreement between
the same agencies dated May 7, 1968; however, this agreement in no way waives or modifies
those existing agreements for fire suppression between cooperating Federal agencies.
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
PURPOSE
The purpose of this Joint Powers Agreement is to provide for mutual wildland fire assistance
between the Forestry Division, Natural Resources Department of New Mexico, as the agent of all
cooperating State agencies, and the following Federal agencies, as provided by Section 62-3-6,
NMSA, 1953 Comp. and Article XV, Section 2 of the New Mexico Constitution.
1. For the State of New Mexico, hereinafter called the cooperating State agencies:
Natural Resources Department
Forestry Division
Parks and Recreation Division
Department of Game and Fish
Office of Military Affairs
Civil Emergency Preparedness Division
National Guard
Criminal Justice Department
State Police Division (New Mexico State Police)
State Highway Department
Forest Service
Department of the Interior
Bureau of Land Management
Bureau of Indian Affairs
National Park Service
FEDERAL AUTHORITY
The authority for Federal agencies or organizations is as follows:
U.S. Department of Agriculture, Forest Service - Section 5, Act of April 24, 1950 (16 USC 572),
the Act of June 30, 1914 (16 USC 498), and the Act of September 21, 1944 (16 USC 580), the
Act of December 12, 1975 (16 USC 565a-1-3) and the Annual Department of the Interior and
Related Agencies Appropriations Act.
U.S. Department of the Interior, Bureau of Land Management - 42 Stat. 857; 16 USC 594; 48
Stat. 1270; 43 USC 315a, 90 Stat. 2766, 43 USC 1737.
USDI, National Park Service - 16 USC 1b(1).
USDI, Bureau of Indian Affairs - 42 Stat 857; 16 USC 594; 69 Stat. 66; Section 16 of Order
2503 (Secretary of the Interior).
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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Authority applicable to all Federal agencies - Reciprocal Fire Protection Act of 1955 (42 USC
1856), and the Economy Act of June 30, 1932 (31 USC 686).
NOW, THEREFORE, the parties hereto, in consideration of the covenants and conditions
hereinafter set forth, do agree as follows.
A. DEFINITIONS
1. "Fire Protection Services" shall mean fire suppression, support and facilitating
services as used by all parties.
2. "Reciprocal Fire Protection Services" shall mean non-reimbursable fire protection
services provided by a fire organization maintaining fire protection service in the vicinity of the
other's lands prior to notification of the responsible agency of the fire.
3. "Cooperative Fire Protection Services" shall mean fire protection services performed
by the cooperating parties as fully reimbursable work on lands that are the responsibility of the
other parties.
4. "Reimbursable Work" shall mean all cost of fire protection services by any party that
are furnished as a cooperative fire protection service.
5. "Initial Attack Forces" means the suppression personnel plus equipment of any
agency dispatched prior to notification of the responsible agency of the fire.
6. "Reinforcements" shall mean all forces subsequent to initial attack forces.
B. RECIPROCAL FIRE PROTECTION SERVICES. When reciprocal fire protection
services are furnished by any party to the agreement on lands for which another has fire
protection responsibility, the party having responsibility must take over the fire when notified or
requested that the initial attack party, continue suppression action. Such request for continued
suppression action, if agreed to by the initial attack party, will be subject to full reimbursement.
Every reasonable effort will be made to make prompt notification to the responsible agency.
C. COOPERATIVE FIRE PROTECTION SERVICES. It is mutually agreed by all
parties that the cost of furnishing cooperative fire protection services will be subject to full
reimbursement. Matters of reimbursement will be handled by direct billing between the
cooperating Federal or State agencies involved in the particular suppression effort.
Reimbursement of expense incurred by one cooperating agency for suppressing fires on lands of
another will be as follows (except for the National Guard, which is exempt when mobilized as a
full unit under the terms of a Governor's declared emergency):
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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1. Salaries and expenses of employees. The responsible agency will reimburse the
agency furnishing assistance by paying salary costs (including regular pay, overtime, hazardous
duty pay, etc.) for regular, seasonal and casual employees.
2. Travel and per diem. The responsible agency will reimburse the agency furnishing
assistance for travel and per diem expenses of all such persons engaged in the suppression of
each particular fire.
3. Equipment use. Each agency will be reimbursed for equipment use at the current,
regularly established equipment rates of the furnishing agency. Equipment loaned by one party
to the other becomes the responsibility of the borrower, and shall be returned in the same
condition as when received, fair wear and tear excepted. Damage in excess of fair wear and tear
will be repaired. Lost or destroyed items will be replaced or reimbursed.
4. Other expenses. Reimbursement for supplies and expenses of cooperating State
agencies and of cooperating Federal agencies, other than as provided under 1, 2, and 3 above,
will be on an actual cost basis, or replacement in kind.
5. Indirect cost. Indirect expenses are an inherent element of the cost of doing work.
Therefore, overhead and other indirect expenses may be billed and paid by parties to this
agreement.
6. The parties to this agreement shall maintain strict
accountability for all receipts and disbursements. Itemized statement of costs covering all
reimbursable expenses will be submitted within 120 days by the agency furnishing assistance to
the responsible agency receiving assistance.
7. For purposes of workmen's compensation coverage, employees of the State of New
Mexico assisting in suppressing fires on lands of the other agencies party to this agreement are to
be considered as State employees.
For purposes of Federal employee's compensation coverage, employees of the Federal
Government assisting in suppression fires on lands of the other agencies party to this agreement
are to be considered as employees of the Federal Government.
8. National Guardsmen and other State employees who, as individuals, with the consent
of the proper State officers, voluntarily offer their services to fight fires will be employed as
firefighters as determined by the guidelines of the employing agency.
9. It is agreed among the agencies that each agency will be solely responsible for the acts
and omissions of its officers and employees resulting in damage or injuries to third parties to the
same extent that such agency is responsible under its applicable laws and regulations.
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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10. No property shall be acquired as a result of the joint exercise of powers under this
Joint Powers agreement.
D. FIRES ON OR THREATENING LANDS OF BOTH PARTIES.
1. When two or more cooperating agencies party to this agreement are involved in a joint
fire suppression effort, it is agreed:
a. The cooperating agencies involved will decide upon and designate in writing an
individual as Fire Boss, considering in this designation the lands threatened, and
the qualifications of available Fire Boss personnel as determined by the National
Fire Qualification System.
b. The cooperating agencies involved will participate jointly in strategy sessions to
reach mutual agreement on strategy and tactics, subject to final decision by the Fire
Boss but within policy guidelines prescribed by the responsible agency.
c. The Fire Boss will base his decision on an appraisal of the most approprate
strategy and tactics to control the fire and consideration of the particular land use
requirement. If it is necessary to set priorities due to limited suppression forces, he
will consider both the values of resources or improvements at stake and the fuel
potential ahead of the fire.
d. Suppression costs of such joint action fires will generally be on prorata share
based upon the individual cooperating agency percentages of the total area of the
fire. Exceptions will be: (1) when for some reason it is necessary to expend an
unusual amount to halt the forward spread of the fire that threatens lands under the
protection responsibility of one agency; (2) when the Fire Boss determines through
mutual agency consent that the fire is no longer a joint fire because it has been
controlled on the lands of one cooperating agency and is then only a threat to the
other cooperating agency or agencies. Costs incurred up to this point will be
prorated on the acreage involved up to the time of the fire's ceasing to be a joint fire
(in this case, mop up and patrol on the lands for which the fire has been controlled
will be borne by the agency having protection responsibility); (3) when the fire has
been caused by willful or negligent action of an employee or contractor of one
cooperating agency; (4) when the fire is in part on the lands that are under contract
for protection by one of the cooperating agencies, in which case the cooperating
agency holding the contract to provide protection will assume the prorata share of
the costs for those lands.
E. GENERAL PROVISIONS
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
1. Employees of each cooperating State agency and each cooperating Federal agency
shall take immediate action to report any fire discovered by them that occurs on or threatens the
lands of other cooperating agencies and to assist in fire suppression to the extent of available
suppression resources when called upon by the other cooperating agency.
2. Requests for aid. All requests for aid to be provided by State agencies under this
agreement will be made to the New Mexico State Forester, Santa Fe. He will notify the proper
State agency director. Federal agency assistance under
this agreement will be requested through the Region 3 Forest Service Fire Coordinator,
Albuquerque, for the Forest Service; through the Natural Resources Specialist, Santa Fe, for the
National Park Service; through the Chief Branch of Protection, Santa Fe, for the Bureau of Land
Management; through the Area Fire Management Officer, Albuquerque Area Office, for the
Bureau of Indian Affairs; or through the Fire Protection Officer, Window Rock, for the Bureau
of Indian Affairs, Navajo Area.
All attempts shall be made to obtain suppression resources and assistance from the closest
available source.
3. Law Enforcement. Initial attack forces will gather and preserve evidence concerning
the cause of the fire. This evidence will be turned over to the agency with protection
responsibility as soon as possible to initiate law enforcement action. On fires that burn on lands
of more than one agency, the agencies will coordinate law enforcement efforts. If a fire on
which initial attack is made is determined to have been started through negligence, or a willful or
illegal act, it is agreed that the appropriate party will attempt collection of all costs, including
initial attack, incurred in suppressing such fire.
4. Liaison. The State Forester of the State of New Mexico, or his authorized
representative, will be the primary liaison between the cooperating State agency and the
cooperating Federal agencies, and it is understood that the head of each Federal agency within
the State of New Mexico, or his authorized representative, is the primary liaison between each of
the cooperating Federal agencies and the cooperating State agency. It is understood the New
Mexico State Office of Civil Emergency Preparedness will be kept advised of developing fire
situations with potentials for civil disaster, through the New Mexico State Forester or his
authorized representative.
It is understood that, except for the New Mexico National Guard, local unit managers may
represent their cooperating agency as liaison officers under this agreement, to the extent of their
normal authorities to commit available fire suppression resources and to obligate funds. National
Guard assistance will be obtained at the State level of the New Mexico State Forester through the
Adjutant General of New Mexico, or his authorized representative.
The Fire Boss will advise the State Forester upon the termination of the fire emergency for
purposes of demobilizing the National Guard. At that time, the State Forester will advise the
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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New Mexico Adjutant General that the fire emergency no longer exists. If the responsible
agency decides that guardsmen should continue on the fire, and meet the criteria set forth in
paragraph C8 of this agreement payment shall be made to those remaining as if hired as private
citizens.
5. Before the start of fire season each year, representatves of the parties hereto will meet
within each of the five State Forestry Districts to prepare and adopt annual operating plans. The
New Mexico Division of State Forestry will be responsible for calling each meeting.
6. A meeting will be held annually prior to April 1 to review this agreement. The New
Mexico Division of State Forestry will be responsible for calling said meeting.
7. Termination. Participation in this Joint Powers agreement may be terminated by any
cooperating agency named in this agreement by notification in writing to all other cooperating
agencies at least 90 days prior to the intended date of termination. By such termination, no party
may nullify obligations already incurred for performance or failure to perform prior to the date of
termination.
8. No member of, or delegate to, Congress or Resident Commissioner shall be admitted
to any share or part of this Joint Powers 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.
9. The extension of benefits under the provisions of this Joint Powers agreement shall be
without discrimination as to race, color, creed, sex, or national origin.
10. Each of the parties to this Joint Powers agreement does hereby expressly waive all
claims against every other party for compensation for any loss, damage, personal injury, or death
except as otherwise provided herein occurring in consequence of the performance of this
agreement.
11. Nothing in the Joint Powers agreement shall be construed as obligating the
cooperating agencies to expend money in excess of appropriations authorized by law.
12. It is the intent of this Joint Powers agreement that all parties are each acting as the
others' agents when performing work under this agreement on lands for which the others have
the fire protection responsibility.
13. Amendment. This Joint Powers agreement shall not be altered, changed, or amended
except by instrument in writing executed by the parties hereto.
14. Term. This Joint Powers agreement shall not become effective until approved by the
Office of the New Mexico Attorney General, the New Mexico Board of Finance, and all parties
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
hereto. This Joint Powers agreement shall remain in full force and effect unless terminated
pursuant to paragraph E7.
15. The Comptroller General of the United States or any of his duly authorized
representatives shall, until the expiration of five (5) calendar years after the close of each
calendar year, have access to and the right to examine any pertinent books, documents, papers
and records relating to any reimbursable expenses paid to the State for that calendar year and
provided for under this agreement.
APPROVED:
FORESTRY DIVISION
BY /s/
State Forester
Date 5/15/78
CIVIL EMERGENCY PREPAREDNESS DIVISION
BY /s/
Director Forester
Date 5/17/78
OFFICE OF MIITARY AFFAIRS
BY /s/
Major General
The Adjutant General
Date 5/17/78
NEW MEXICO STATE POLICE
BY /s/
Director
Date 5/18/78
UNITED STATE OF AMERICA
USDI, BUREAU OF INDIAN AFFAIRS
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
BY /s/
Area Director
Albuquerque Area Office
Date 5/18/78
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EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
UNITED STATES OF AMERICA
USDI, BUREA OF INDIAN AFFAIRS
BY /s/
Area Directorr
Navajo Area Office
Date 5/15/78
APPROVED:
UNITED STATES OF AMERICA
USDI, NATIONAL PARK SERVICE
BY /s/
Regional Director
Southwest Region
Date 5/19/78
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
OFFICE OF THE ATTORNEY GENERAL
BY /s/
Date 5/19/78
DEPARTMENT OF FINANCE AND ADMINISTRATION
BY /s/
Date 5/15/78
APPROVED:
NEW MEXICO DEPARTMENT OF GAME AND FISH
BY /s/
Director
Date 5/18/78
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R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
PARKS AND RECREATION DIVISION
BY /s/
Director
Date 5/18/78
NEW MEXICO STATE HIGHWAY DEPARTMENT
BY /s/
State Highway Engineer
Date 5/26/78
APPROVED:
UNITED STATES OF AMERICAN
USDA, FOREST SERVICE
BY /s/
Regional Forester
Southwestern Region
Date 5/22/78
UNITED STATES OF AMERICA
USDI, BUREAU OF LAND MANAGEMENT
BY /s/
State Director, New Mexico
Date 5/17/78
CRIMINAL JUSTICE DEPARTMENT
BY /s/
Secretary
Date 5/26/78
NATIONAL RESOURCES DEPARTMENT
BY /s/
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EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
Secretary
Date 5/19/78
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EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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2. JOINT POWERS AGREEMENT BETWEEN THE STATE OF ARIZONA AND
THE FEDERAL AGENCIES OF THE DEPARTMENTS OF AGRICULTURE AND
INTERIOR.
REF. No.-FS-16-R3-82-0018
JOINT POWERS AGREEMENT
BETWEEN THE
STATE OF ARIZONA
AND THE
FEDERAL AGENCIES OF THE DEPARTMENTS
OF
AGRICULTURE AND INTERIOR
WITH
FIRE RESPONSIBILITIES
This is a joint powers agreement pursuant to Article I ARS 37-623.
This Joint Powers Agreement supersedes and replaces the Memorandum of understanding
between the State Forester and the Southwest Region Forest Service, United States Department
of Agriculture dated August 18, 1969 as amended February 16, 1977 by the signature of the two
parties. This Agreement in no way waives or modifies those existing agreements for fire
suppression between cooperating Federal agencies and nothing contained in this agreement shall
be construed as requiring any reimbursement as between cooperating Federal agencies.
PURPOSE
The purpose of this Joint Powers Agreement is to provide mutual wildland fire suppression
assistance and cooperation between the State Forester, as the agent of all cooperating State
agencies, and the following Federal agencies.
1. For the State of Arizona, hereinafter called the cooperating State agencies:
State Land Department / State Forester
Arizona State Parks Board
Arizona Game and Fish Department
Department of Emergency and Military Affairs
Arizona Department of Transportation
2. For the Federal agencies, hereinafter called the cooperating Federal agencies:
Department of Agriculture
Forest Service
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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Department of the Interior
Bureau of Land Management
Bureau of Indian Affairs
National Parks Service
FEDERAL AUTHORITY
The authority for Federal agencies or organizations is as follows:
U.S. Department of Agriculture, Forest Service - Section 5, Act of April 24, 1950 (16 USC 572),
the Act of June 30, 1914 (16 USC 498), the Act of December 12, 1975 (16 USC 565a-1-3) and
the Annual Department of Interior and Related Agencies Appropiation Act.
U.S. Department of the Interior, Bureau of Land Management - 42 Stat, 857; 16 USC 594; 48
Stat. 1270; 43 USC 315a, 90 Stat. 2766, 43 USC 1737.
USDI, National Park Service - 16 USC 1b(1).
USDI, Bureau of Indian Affairs - 42 Stat. 857; 16 USC 594; 69 Stat. 66; Section 16 of Order
2503 (Secretary of the Interior).
Authority appliable to all Federal agencies - Reciprocal Fire Protection Act of 1955 (42 USC
1856), and the Economy Act of June 30, 1932 (31 USC 686).
STATE AUTHORITY
State Land Department/State Forester - Arizona Revised Statutes, Section 37-623.
Arizona State Parks Board - Arizona Revised Statutes, Sections 41-511.04 and 41-511.05.
Arizona Game and Fish Commission - Arizona Revised Statutes, Section 17-231.
Department of Emergency and Military Affairs - Arizona Revised Statutes, Sections 26-301, 26302, 26-303, 26-304 and 26-306.
Arizona Department of Transportation - Arizona Revised Statutes, Sections 26-401 and 28-1803.
NOW, THEREFORE, the parties hereto, in consideration of the covenants and conditions
hereinafter set forth, do agree as follows:
A. DEFINITIONS
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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1. "Fire Protection Services" shall mean fire suppression, support and facilitating
services as used by all agencies.
2. "Reciprocal Fire Protection Services" shall mean non-reimbursable fire protection
services provided by a fire organization maintaining fire protection service in the vicinity of the
other's land prior to notification of the responsible agency of the fire.
3. "Cooperative Fire Protection Services" shall mean fire protection services performed
by the cooperating parties as fully reimbursable work on lands that are the responsibility of the
other agencies.
4. "Reimbursable Work" shall mean all cost of fire protection services by any agency
that are furnished as a cooperative fire protection service.
5. "Initial Attack Forces" means the suppression personnel plus equipment of any agency
dispatched prior to notification of the responsible agency of the fire.
6. "Reinforcements" shall mean all forces subsequent to initial attack forces.
7. "Annual Operating Plan" shall mean a plan prepared each year by April 1, by and for
each Arizona Forestry Administrative District and agreed to by the involved agencies. The plan
will contain items that are subject to change on an annual basis, i.e. employment hourly rates,
indirect rates and overhead, equipment use rates, per diem, etc., and other specifics to the parent
agreement.
B. RECIPROCAL FIRE PROTECTION SERVICES. When reciprocal fire protection
services are furnished by any agency to this agreement on lands for which another agency has
fire protection responsibility, the agency having responsibility must take over the fire as soon as
reasonably possible after being notified or request that the initial attack forces continue
suppression action. Such request for continued suppression action shall become a cooperative
fire protection service.
C. COOPERATIVE FIRE PROTECTION SERVICES. It is mutually agreed by all
agencies that the cost of furnishing cooperative fire protection services will be subject to full
reimbursement.
Matters of reimbursement will be handled by direct billing between the cooperating
Federal agencies and the State Forester, who will act as administrative agent for other
cooperating State agencies involved in fire suppression.
1. Salaries and expenses of employees. The responsible agency will reimburse the
agency furnishing assistance by paying salary costs (including regular pay, overtime, hazardous
duty pay, etc.) for regular, seasonal and casual employees.
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EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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2. Travel and per diem. The responsible agency will reimburse the agency furnishing
assistance for travel and per diem expenses of all such persons engaged in the suppression of
each particular fire.
3. Equipment use. Each agency will be reimbursed for equipment use at the current,
regularly established equipment rates of the furnishing agency. Equipment loaned by one party
to the other becomes the responsibility of the borrower, and shall be returned in the same
condition as when received, fair wear and tear excepted. Damage in excess of fair wear and tear
will be repaired. Lost or destroyed items will be replaced or reimbursed.
4. Other expenses. Reimbursement for supplies and expenses of cooperating State
agencies and of cooperating Federal agencies, other than as provided under 1, 2, and 3 above,
will be on an actual cost basis, or replacement in kind.
5. Indirect cost. Indirect expenses are an inherent element of the cost of doing work.
Therefore, overhead and other indirect expenses may be billed and paid by agencies to this
agreement to the extent agreed for annually in the annual operating plan.
6. Each agency to this agreement shall maintain strict accountability for all receipts and
disbursements. Itemized statement of cost covering all reimbursable expenses will be submitted
within 120 days of the fire being declared out by the agency furnishing assistance to the
responsible agency receiving assistance.
7. For purposes of workmen's compensation coverage, employees of the State of Arizona
assisting in suppressing fires on lands of the other agencies party to this agreement are to be
considered as State employees.
For purposes of Federal employees' compensation coverage, employees of the Federal
Government assisting in suppressing fires on lands of the other agencies party to this agreement
are to be considered as employees of the Federal Government.
8. National Guardsmen and other State employees who, as individuals, with the consent
of the proper State officers, voluntarily offer their services to fight fires will be employed as
firefighters as determined by the rates stated in the annual operating plan.
9. Not withstanding the provision of E-12 of this agreement, it is agreed among the
agencies that each agency will be solely responsible for the acts and omissions of its officers and
employees resulting in damage or injuries to third parties to the same extent that such agency is
responsible under its applicable laws and regulations.
10. No property shall be acquired as a result of the joint exercise of powers under this
Joint Powers agreement.
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EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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D. FIRES ON OR THREATENING LANDS OF BOTH PARTIES.
1. When two or more cooperating agencies party to this agreement are involved in a joint
fire suppression effort, it is agreed:
a. The cooperating agencies involved will decide upon and designate in writing an
individual as Fire Boss, considering in this designation the lands threatened, the
predicted size and complexity of the fire involved, and the qualifications of
available Fire Boss personnel as determined by the National Fire Qualification
System.
b. The cooperating agencies involved will participate jointly in strategy sessions to
reach mutual agreement on strategy and tactics, subject to final decision by the Fire
Boss but within policy guidelines prescribed by the responsible agency.
c. The Fire Boss will base his decision on an appraisal or the most appropriate
strategy and tactics to control the fire and consideration of the particular land use
requirement. If it is necessary to set priorities due to limited suppression forces, he
will consider both the values of resources or improvements at stake and the fuel
potential ahead of the fire.
d. The agency(s) having primary responsibility for suppression of the fire will
furnish the Fire Boss with resource data and values for analyzing suppression
alternatives.
e. Suppression costs of joint action fires between State and Federal agencies will
be on prorata share based upon the individual cooperating agency percentages of
the total area of the fire. Exceptions will be: (1) when for some reason it is
necessary to expend an unusual amount to halt the forward spread of the fire that
threatens lands under the protection responsibility of one agency; (2) when the Fire
Boss determines through mutual agency consent that the fire is no longer a joint
fire because it has been controlled on the lands of one cooperating agency and is
then only a threat to the other cooperating agency or agencies. Costs incurred up to
this point will be prorated on the acreage involved up to the time of the fire's
ceasing to be a joint fire (in this case, mop up and patrol on the lands for which the
fire has been controlled will be borne by the agency having protection
responsibility); (3) when the fire has been caused by willful or negligent action of
an employee or contractor of one cooperating agency; (4) when the fire is in part on
the lands that are under contract for protection by one of the cooperating agencies,
in which case the cooperating agency holding the contract to provide protection
will assume the prorata share of the costs for those lands.
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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E. GENERAL PROVISIONS.
1. Employees of each cooperating State agency and each cooperating Federal agency
shall take immediate action to report any fire discovered by them that occurs on or threatens the
lands of other cooperating agencies and to assist in fire suppression to the extent of available
suppression resources when called upon by the other cooperating agency.
2. Request for aid. All requests for aid to be provided by State agencies under this
agreement will be made to the Arizona State Forester, Phoenix. He will notify the proper State
agency director. Federal agency assistance under this agreement will be requested through the
Region 3 Forest Service Fire Coordinator, Albuquerque, for the Forest Service; through the
National Resources Specialist, Phoenix, for the National Park Service; through the Chief Branch
of Protection, Phoenix, for the Bureau of Land Management; through the Area Fire Management
Officer, Phoenix Area Office or Navajo Area Office, for the Bureau of Indian Affairs; or through
the Arizona State Land Department Fire Management Officer, Phoenix.
All attempts shall be made to obtain suppression resources and assistance from the closest
available source.
3. Law Enforcement. Initial attack forces will protect, gather and preserve evidence
concerning the cause of the fire. This evidence will be turned over to the agency with protection
responsibility as soon as possible to initiate law enforcement action. On fires that burn on land
of more than one agency, the agencies will coordinate law enforcement efforts. If a fire on
which initial attack is made is determined to have been started through negligence, or a willful or
illegal act, it is agreed that the appropriate party will attempt collection of all costs, including
initial attack, incurred in suppressing such fire.
4. Liaison. The State Forester of the State of Arizona or his authorized representative,
will be the primary liaison between the cooperating State agency and the cooperating Federal
agencies, and it is understood that the representative, is the primary liaison between each of the
cooperating Federal agencies and the cooperating State agency. It is understood the Arizona
State Division of Emergency Services will be kept advised of developing fire situations with
potentials for disaster, through the Arizona State Forester or his authorized representative.
It is understood that, except for the Arizona National Guard, local unit managers may represent
their cooperating agency as liaison officers under this agreement, to the extent of their normal
authorities to commit available fire suppression resources and to obligate funds. National Guard
assistance will be obtained at the State level of the Arizona State Forester through the Adjutant
General of Arizona, or his authorized representative.
The Fire Boss will advise the State Forester upon the termination of the fire emergency for
purposes of demobilizing the National Guard. At that time, the State Forester will advise the
Arizona Adjutant General that the fire emergency no longer exists. If the responsible agency
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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decides that guardsmen should continue on the fire, and meet the criteria set forth in paragraph
C8 of this agreement payment shall be made to those remaining as if hired as private citizens as
per the rates stated in the annual operating plan.
5. Before the start of fire season each year, representatives of the agencies hereto will
meet with each of the five State Forestry Districts to prepare and adopt annual operating plans.
The Arizona Division of Forestry will be responsible for calling each meeting.
6. A meeting will be held annually prior to April 1, to review this agreement and develop
the annual operating plan. The Arizona Division of State Forestry will be responsible for calling
said meeting.
7. Termination. Participation in this Joint Powers agreement may be terminated by any
cooperating agency named in this agreement by notification in writing to all other cooperating
agencies at least 90 days prior to the intended date of termination. By such termination, no party
may nullify obligations already incurred for performance or failure to perform prior to the date of
termination. Unless terminated earlier as provided in this paragraph, this agreement shall be
effective through January 1, 1992.
8. No member of, or delegate to, Congress or Resident Commissioner shall be admitted
to any share or part of this Joint Powers 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.
9. The extension of benefits under the provisions of this Joint Powers agreement shall be
without discrimination as to race, creed, sex, or national origin.
10. Each of the parties to this Joint Powers agreement does hereby expressly waive all
claims against every other party for compensation for any loss, damage, personal injury, or death
except as otherwise provided herein occurring in consequence of the performance of this
agreement.
11. Nothing in the Joint Powers agreement shall be construed as obligating the
cooperating agencies to expend money in excess of appropriations authorized by law.
12. It is the intent of this Joint Powers agreement that all agencies are each acting as the
others' agents when performing work under this agreement on lands for which the others have
the fire protection responsibility.
13. Amendment. This Joint Powers agreement shall not be altered, changed, or amended
except by instrument in writing executed by the agencies hereto.
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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14. Term. This Joint Powers agreement shall not become effective until approved by the
Office of the Arizona Attorney General, signed by the parties hereto, and filed with the Office of
Secretary of State. Nothing contained herein shall be construed as binding any agency to this
agreement who has not signed this agreement as of the date it is filed with the Office of Secretary
of State.
15. The Comptroller General of the United States or any of his duly authorized
representatives shall, until the expiration of five (5) calendar years after the close of each
calendar year, have access to and the right to examine any pertinent books, documents, papers
and records relating to any reimbursable expenses paid to the State for that calendar year and
provided for under this agreement.
16. Cancellation
A. The state may cancel this contract, without penalty or further obligation, made after
the effective date of this section by the State or any of its departments or agencies if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the State or any of its departments or agencies is, at any time while the contract or any
extension of the contract is in effect, an employee of any other party to the contract in any
capacity or a consultant to any other party of the contract with respect to the subject matter of the
contract.
B. The cancellation shall be effective when written notice from the Governor is received
by all other parties to the contract unless the notice specifies a later time.
APPROVED:
STATE LAND DEPARTMENT/STATE FORESTER
BY /s/
Commissioner
Date 9/28/82
STATE PARKS BOARD
BY /s/
Director
Date 3/3/83
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
GAME AND FISH COMMISSION
BY /s/
Director
Date 2/17/83
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R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
DEPARTMENT OF EMERGENCY and MILITARY AFFAIRS
BY /s/
The Adjutant General
Date 2/1/83
UNITED STATES OF AMERICAN
USDA, FOREST SERVICE
BY /s/
Regional Forester
Southwestern Region
Date 1/3/82
UNITED STATES OF AMERICA
USDI, BUREAU OF LAND MANAGEMENT
BY /s/
State Director, Arizona
Date 10/14/82
UNITED STATE OF AMERICA
USDI, BUREAU OF INDIAN AFFAIRS
BY /s/
Area Director
Phoenix Area Office
Date 10/21/82
UNITED STATES OF AMERICA
USDI, BUREA OF INDIAN AFFAIRS
BY /s/
Area Directorr
Navajo Area Office
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R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
Date 10/25/82
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R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
FSM 5100 – FIRE MANAGEMENT
CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
UNITED STATES OF AMERICA
USDI, NATIONAL PARK SERVICE
BY /s/
Regional Director
Southwest Region
Date 10/29/82
UNITED STATES OF AMERICA
USDI, NATIONAL PARK SERVICE
BY /s/
Regional Director
Western Region
Date 10/29/82
ARIZONA DEPARTMENT OF TRANSPORTATION
BY /s/
Director
Date 3/14/83
DIVISION OF EMERGENCY SERVICES
BY /s/
Director
Date 2/6/83
APPROVED AS TO FORM
This 2nd day of August , 1982
BOB CORBIN
Attorney General
By /s/
Assistant Attorney General
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R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 5170 - FIRE MANAGEMENT COOPERATION
5171.3 - Department of Defense.
Requesting Military Assistance for the Purpose of Fire Suppression. The Fifth and Sixth US
Army Corps area of responsibility for support in domestic emergencies, such as forest fires,
includes Arizona and New Mexico.
Document requests from Forest dispatchers for military assistance (Air Force, Army, Coast
Guard, Navy, Marines, or National Guard) on the Resource Order Form. Requests will not be
made until all civilian firefighting resources of the type needed have been committed.
1. Where mutual plans have been made locally with military units for fire control
support, the Forest may request assistance direct as provided, except the National Guard.
Notification of such action will then be transmitted to the next higher level of dispatching.
2. Forest will send a copy of each agreement made with nearby military units to the
Regional Fire Coordinator.
3. All other Forest requests for military assistance will be made through the regular
dispatch channels to the Regional Coordinator. The Regional Coordinator will go through BIFC
for Fifth and Sixth Army area support.
4. At the time of request, furnish the following information:
a. Situation
(1) Name of fire
(2) Location
(3) Resources threatened
(4) Manpower, aircraft and equipment presently committed.
b. The planned mission for the military.
c. What is needed from the military.
d. Forest Service liaison (R-3) to the military.
(1) Name and title
(2) Telephone number
R3 SUPPLEMENT 5100-91-1
EFFECTIVE DATE: 01/31/1991
DURATION: This supplement is effective until superseded or removed.
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(3) Estimated time of arrival and meeting place.
e. Provider of billeting facilities for the military.
f. Well-known location where Forest liaison and military will meet to proceed to
fire camp or staging area.
The military shall provide necessary support to keep their firefighting equipment operational.
Any special materials and/or supplies needed for military assistance should be determined at
time of request.
Military helicopters must be equipped with VHF radio.
It is the responsibility of the Regional Fire Coordinator to submit the daily situation report to the
cooperating military operational and controls centers through the Boise Interagency Fire Center.
A Forest officer, who is thoroughly familiar with ground and/or air fire management operations,
will be assigned as liaison to each military unit. The liaison officer will be well qualified and
familiar with Forest Service fire operations and communications procedures. Those officers
assigned to military air units (helicopters, fixed wing, and so forth) will be carefully selected for
their air operations knowledge. They should have no other duties to detract them from this
important job. The Regional Fire Coordinator, on advice from the fire Forest, will select the
liaison officers.