United States
Department of
Agriculture
File Code:
Route To:
Subject:
To:
Forest
Service
14th & Independence SW
P.O. Box 96090
Washington, DC 20090-6090
Washington Office
5130/5330-1/6300
(6100)
Date:
May 26, 2004
Law Enforcement and Security Services for Emergency Fire Incidents
Deputy Chiefs, Station Directors, Area Director, WO Staff Directors
Increasing complexities of major fire incidents have changed the need for and role of incident
law enforcement and security resources. Peak periods of deployment and increasing demands
for interagency support have also increased the demand for use of non-federal or private
personnel on Forest Service (FS) fires.
FS and other National Wildfire Coordinating Group (NWCG) federal agency law enforcement
personnel meeting Technical Specialist-Security Specialist Level 1 (SEC1) and Technical
Specialist-Security Specialist Level 2 (SEC2) qualifications will continue to be the priority for
assignment to those and to Security Manager (SECM) positions on FS incidents. These
personnel provide the broadest range of ability and authority.
Should a need arise to train or mobilize other resources, this can be done following existing FS
and NWCG policy and guidelines, and the direction in this letter. The direction provided herein
represents interim direction for the fire security function until related directives and incident
publications may be revised. FAM, LEI and AQM staffs are continuing to evaluate incident
security and law enforcement issues for additional needed changes.
Determining Security and Law Enforcement Needs
Security functions include prevention, detection, and reporting activities to enforcement officials,
which are a violation of law or are a threat to persons or property, and the establishment of
voluntary or administrative systems to provide for the protection of persons and their property.
Law enforcement duties include all of the above functions plus the enforcement of federal and/or
state criminal laws and regulations, including the exercise of the powers of arrest and the use of
force.
Managers must ensure that knowledgeable and qualified personnel are determining the full range
of needs on an incident for both law enforcement and security functions. Managers must also
ensure that personnel are assigned to duties commensurate with their abilities, authority, agency
qualification, equipment and clothing. As no training, experience, or law enforcement authority
are currently required by the NWCG for the SECM position, incident management personnel
should consult with local FS Law Enforcement and Investigations (LEI) personnel if this
position is filled by other than SEC1-qualified personnel. SECM personnel cannot personally
exercise law enforcement authority and duties on FS fires unless they meet applicable SEC1 or
SEC2 qualifications. Where SEC1 personnel are assigned to an incident, the SECM should be
SEC1 qualified and shall not be contract or AD personnel. All security and law enforcement
personnel assigned to fire incidents should be provided with a copy of FSM 5354.03 and 5354.1,
pertaining to constraints on the exercise of law enforcement actions during incidents.
Caring for the Land and Serving People
Printed on Recycled Paper
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
2
Federal Resources
The most versatile resource for law enforcement services on FS fire incidents are federal
employees with law enforcement authority who may enforce, both on and off National Forest
System (NFS) lands, federal laws relating to the NFS and the protection of FS property and
personnel. Many LEI personnel also have been provided with state peace officer authority
(authority to enforce state law). The FS has limited authority to provide FS law enforcement
authority to other federal agency law enforcement officers, particularly Department of Interior
officers, and may also receive enforcement authority from other federal agencies. Federal
officers may also obtain U.S. Marshal Service deputations should expanded federal authority be
required.
State and Local Resources
After federal law enforcement resources, the second priority source for obtaining versatile
resources on fire incidents is peace officers of state and local law enforcement agencies with
jurisdiction in the area of the incident. The FS cannot provide its federal enforcement authority
to such officers except in limited drug enforcement circumstances. The enforcement of state
laws falls primarily under the jurisdiction of state peace officers in the jurisdictional area of the
incident. They should normally provide these services without any provision for, or expectation
of monetary reimbursement. However, incident management personnel should ensure through
unified command procedures that the entirety of direct and indirect operational needs of the
incident is considered in staffing, funding, and cost apportionment arrangements of the incident.
State peace officers may be used in SEC1 and SECM positions. The FS is authorized to provide
reimbursement to state and local law enforcement agencies for services requested by the FS, or
for expenses they may incur in executing their own duties on NFS lands. This reimbursement is
provided through service agreements or cooperative agreement pursuant to the Sisk Act (P.L. 9282, 16 U.S.C. 551a) respectively. Most cooperative law enforcement agreements administered
by the FS Law Enforcement and Investigations (LEI) program now contain language allowing
the agreement to be used for emergency incident reimbursement. The local LEI Patrol Captain
or Law Enforcement Officer normally assigned to the incident area should be contacted to obtain
existing or negotiate new agreements. Pre-season service and supply planning should also
include discussions with LEI personnel to obtain all existing agreements and to assist in
negotiating additional agreements that may be needed just for emergency reimbursement
purposes.
Where a cooperative law enforcement agreement is used to reimburse state or local law
enforcement officers, they may be assigned operational duties within the incident as needed.
These officers still maintain their employment with their employing agency, therefore they bring
with them their state peace officer authority to enforce state law and county ordinances that are
also generally suitable for providing the full range of security and law enforcement duties.
Should the cooperating agency be willing but unable to provide sufficient personnel of their own
to meet reimbursable incident needs, they should be encouraged to utilize state mutual aid
systems to obtain needed support for their agency, which may also be reimbursed to them.
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
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WFSU funds should be used for such work and all costs should be charged to the P-code for the
fire. In non-fire emergencies, other appropriate funds may also be charged.
On rare occasions, state and local law enforcement officers may be hired under the
Administratively Determined (AD) Pay Plan for Emergency Workers (FSH 5109.34), if
permitted under their statutory authority and employing agency’s policy. However, they are
required to meet FS fire and law enforcement qualification standards (FSM 5300, FSM 5134.1,
FSH 5109.17 - Exhibit 1). Therefore, they may not exercise their state law enforcement authority
or perform any kind of law enforcement duties. They are not permitted to wear uniforms with
police-type markings or to carry firearms or other defensive equipment. Therefore, these
personnel will normally only be hired under AD authority as SECM or SECG positions. These
limitations are also normally true of state and local officers operating outside of the area or state
which has granted them peace officer status unless local authorities grant deputations. Caution is
needed also as AD-hired law enforcement personnel may not receive coverage under the Public
Safety Officer Benefit Act.
Private and Security-Only Resources
Where the need is for personnel only to provide security functions, not to enforce any laws or
regulations, personnel from private security organizations or security rental businesses, or state
and local officers hired under the AD authority as described above, may be used to perform
incident security duties. These personnel must meet applicable FS and NWCG qualification
requirements, and must meet any state certification or licensing requirements for security guards
required in the state where the incident is located.
To ensure clear delineation and ordering of these security-only technical specialist positions, the
FS will be incorporating a new Technical Specialist - Security Guard position (SECG) into our
qualification requirements for FS fires (see Attachment 1). The purpose of the addition of this
position is to accommodate non-federal personnel, not to replace or diminish the SEC2
requirements for FS employees.
Although some states authorize private citizens or private security personnel to make citizen’s
arrests or detentions and/or to carry and use defensive equipment, any use of privately procured
or AD-hired security officers by the FS or on FS fires shall have the following limitations:
1. They may not carry or use firearms or any other defensive equipment such as pepper
spray, handcuffs, batons, etc., nor may they detain or arrest persons.
2. They shall be instructed that they may only inform persons of applicable laws or
restrictions, and may not arrest or use physical force to detain persons committing
violations except to prevent imminent loss of life or serious bodily injury. They must
report violations to security personnel with law enforcement authority to take action.
3. Attention in assignment should be closely paid to any duties that may present an
appearance of law enforcement authority such as road closure control and detention or
seizure functions of persons or vehicles.
4. Uniforms or vehicles used should also not present an appearance of police authority, such
as the use of the words “police”, or the presence of vehicle lighting other than yellow.
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
2
Where private security personnel are used for security duties, the SECM (responsible for
resource orders and approval of payments) may not be contractor or casual hire. Only Purchase
Order, Pre-season Blanket Purchase Agreements, or contracts listed in the local unit service plan
may be used for procurement of security services. The use of purchase cards is discouraged due
to the complexity and limitations set on hiring security services and should only be used in
conjunction with written terms and conditions. Limitations on such procurements would be
reflected in standard requirements for such services, as guided by national direction. Hiring or
procuring officials must ensure that critical duty, cost, and liability issues are addressed in
writing as part of the procurement. Detailed guidelines are included in Attachment 2.
If you have any questions, please contact the following staff specialists:
Incident Business Mgmt:
Law Enforcement:
Incident Training and Qualifications:
Procurement:
Virginia Heerwagen – WO FAM, 202-205-0908
Ann Melle – WO LEI, 703-605-4527
Buck Latapie, WO FAM, 202-205-1488
Mary Anne Ward – WO AQM, 703-605-4823
/s/ Sally D. Collins (for)
DALE N. BOSWORTH
Chief
cc: Ann Melle, Virginia Heerwagen, Dale J Fabian, Sheri A Elliott, MaryAnne Ward, Buck
Latapie
Attachments: Revised Requirements for Security Positions, Security Procurement Guidelines
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
2
ATTACHMENT 1 – REVISED FS REQUIREMENTS FOR SECM, SEC1, SEC2 AND
ADDED QUALIFICATIONS FOR SECURITY GUARD (SECG)
Draft Interim Directive - Changes to FSH 5109.17
May 2004
Zero Code 03, Paragraph 3. Add the following:
Accept personnel from local or state law enforcement agencies or other non-Federal cooperators
hired as Administratively Determined (AD), and accept contract personnel, to provide security
guard SECG services on an incident, provided they meet all state laws and regulations governing
such services within the state of the incident. Such personnel shall not enforce federal, state, or
local laws.
FSH 5109.17, Chapter 20, Section 25 (Technical Specialist Positions). Amend to read as
follows:
25.15 - Exhibit 01
Logistics Position Qualifications
SECURITY MANAGER (SECM)
TRAINING:
LEVEL 1 I-100 Introduction to Incident
Command System
S-110 Basic Wildland Fire
Suppression Orientation
S-260 Interagency Incident
Business Management
LEVEL 3 I-200 Basic Incident Command
System
AUTHORITY:
None required. May not exercise authorities
of SEC1, SEC2, or SECG positions unless
full qualifications for these positions are met.
PREREQUISITE EXPERIENCE:
Satisfactory position performance as a
Security Manager
PHYSICAL FITNESS:
None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY:
None
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY SPECIALIST LEVEL 1 (SEC1)*
ASSIGNED TO:
Incident Logistics Functional Area
SUPERVISED BY:
Security Manager
TRAINING:
LEVEL 1 Federal Law Enforcement
Training Center (FLETC) CITP
or NRPT
I-100 Introduction to Incident
Command
S-110 Basic Wildland Fire
Suppression Orientation
CERTIFICATION:
Certification as Criminal Investigator or Law
Enforcement Officer
AUTHORITY:
Authorized and equipped to carry firearms,
make arrests, serve warrants, conduct
searches and seizures. Authorized to enforce
federal or state laws.
PREREQUISITE EXPERIENCE:
Satisfactory position performance as a
Security Specialist Level 1
PHYSICAL FITNESS:
None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY:
Security Manager
* AD hiring authority and procurement of private services may not be used for this position.
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Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY SPECIALIST LEVEL 2 (SEC2)*
ASSIGNED TO:
Incident Logistics Functional Area
SUPERVISED BY:
Appropriate Logistics Supervisor
TRAINING:
LEVEL 1 Forest Protection Officer training
I-100 Introduction to Incident
Command System
S-110 Basic Wildland Fire
Suppression Orientation
CERTIFICATION:
Annual recertification as a Forest Protection
Officer
AUTHORITY:
Not authorized or equipped to carry firearms,
serve warrants, or conduct searches and
seizures. Authority to enforce federal
criminal laws and regulations.
PREREQUISITE EXPERIENCE:
Satisfactory position performance as a
Security Specialist Level 2
PHYSICAL FITNESS:
None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY:
None
* AD hiring authority and procurement of private services may not be used for this position.
2
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
25.33 - Exhibit 01--Continued
Logistics Position Qualifications
SECURITY GUARD, NOT LAW ENFORCEMENT (SECG)*
ASSIGNED TO:
SUPERVISED BY:
POSITION DESCRIPTION:
Incident Logistics Functional Area
Security Manager (Contractor must provide
supervisor who will provide direct
supervision to contract personnel).
Personnel utilized in this position shall not
exercise law enforcement duties of either
state or federal law, including arrest or
detention of persons, nor carry weapons or
other defensive equipment.
Uniforms may be worn and marked vehicles
driven, however they shall not contain the
words “police” or equivalent, or contain
markings of a public law enforcement or
police agency.
TRAINING:
CERTIFICATION:
LEVEL 1 I-100 Introduction to Incident
Command
S-110 Basic Wildland Fire
Suppression Orientation
Training as required within the
state of the incident for
security guard licensing as
appropriate (including
peace officer status if
allowed).
Licensed and in compliance with any
applicable requirements for security guards
within the state of the respective incident.
PREREQUISITE EXPERIENCE:
Where state law allows, peace officer or law
enforcement officer training or employment
may meet requirements.
Satisfactory performance as a Security Guard.
PHYSICAL FITNESS:
None
OTHER POSITION ASSIGNMENTS
THAT WILL MAINTAIN CURRENCY:
None
* AD hiring authority and procurement of private services may be used for this position.
2
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
2
ATTACHMENT 2 – PROCUREMENT GUIDELINES
SECG AND SECM POSITIONS
MAY 2004
Technical Specialist-SEC1 and SEC-2 positions may not be obtained by procurement due to
required law enforcement authority. Technical Specialist-SECG and Security Manager (SECM)
positions may be obtained by procurement, if such individual meets the qualifications listed in
NWCG and FS qualifications guides, including the interim direction in Attachment 1:
The following items should be addressed when procuring security services during an incident:
Procurement Tools. Only Purchase Order, Pre-season Blanket Purchase Agreement, or contract
listed in the local unit service plan may be used. Emergency Equipment Rental Agreements shall
not be used. Use of the Purchase card is discouraged due to the complexity and limitations set
on hiring security services. The purchase card should be used only in conjunction with written
terms and conditions, to include the guidance provided herein. Contractors will be used only
after a bona fide need is determined, and in compliance with the WO 10/29/03 letter on use of
non-local contractors and FSH 5109.34 (24.3).
Commercial Terms and Conditions. The use of commercial practices in accordance with FAR
Part 12 is the preferred form of procurement. Use of commercial agreements/contract terms is
encouraged, as long as the items noted below are considered and included. Consider use of the
GSA Schedule and Solicitation for Security Services (7FCI-L3-03-0084-B -“Professional
Security Services” and “Guard Services”).
Parameters of Authority/Duties. Define to the greatest degree of detail possible the geographic
areas and/or facilities the contractor is responsible for securing. Specify that the procurement is
for unarmed services only, and that personnel may not carry or use firearms or any other
defensive equipment such as pepper spray, handcuffs, batons, etc. Specify that personnel may
only inform persons of applicable laws or restrictions, and may not arrest or use physical force to
detain persons committing violations except to prevent imminent loss of life or serious bodily
injury. They must report violations to security personnel with law enforcement authority to take
action. Ensure that a copy of FSM 5354.03 and FSM 5354.1 regarding incident camp security
duty restrictions are provided to all personnel procured, and that applicable portions are
addressed in procurement specifications.
Minimum Qualifications. Technical Specialist-SEC1 and SEC2 positions may not be obtained
by procurement due to required law enforcement authority. Technical Specialist-Security Guard
(SECG) and Security Manager (SECM) positions may be hired under a procurement, if such
individuals meet the qualifications listed in the draft FSH 5109.17, Section 25.33 (see
Attachment 1). Where SEC1 personnel are assigned to an incident, the SECM should be SEC1
qualified and shall not be obtained via procurement. Where private security personnel are used
for security duties, the SECM (responsible for resource orders and approval of payments) may
not be private or AD casual hire. Documents must specify that all personnel provided under the
procurement are licensed and/or in compliance with any applicable state and local laws and
regulations for private security guards within the state of the incident.
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
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Restrictions on Appearance. Depending on duties needed, identify whether the Forest Service
will require or allow contractor personnel to wear uniforms and to operate marked vehicles
owned by the contractor. If allowed, contractor uniforms shall be a color and style in general use
by large guard or security organizations and shall be readily distinguishable from those of
federal, state, and local law enforcement agencies. Vehicles and uniforms shall not contain the
word “police” or “law enforcement”, or contain the markings of a public police agency.
Contractor vehicles will not contain vehicle lighting defined as restricted to law enforcement use
in the state of the incident. Uniform-type clothing and/or badges are encouraged in order to
provide a physical presence and deterrence on the incident, but are provided at the discretion and
cost of the contractor. Specify whether the Government or contractor will provide fire personal
protective equipment and/or clothing.
Insurance and Liability. Does the contractor have sufficient standard insurance coverage
(consult with a qualified Contracting Officer)? Identify whether contractors are authorized to
operate and/or to ride in government vehicles. Identify financial responsibility for medical,
OWCP, vehicle accidents/damage and other such costs. If similar suitable liability clause is not
available in instrument used, include the following clause: “The Contractor will be responsible
for all damages to property and to persons, including third parties, which occur as a result of
Contractor or Contractor’s agents or employee fault or negligence. The term “third parties” is
construed to include employees of the Government.”
Supervision. Contractors must provide their own supervisory personnel/contractors
representative at all times when their personnel are working. Identify the requirement and the
name of such person(s). Identify the names and titles of agency personnel responsible for
security supervision and for authorizing and signing off on pre-use inspections and chargeable
duties and costs, and for receiving and/or approving payments or changes to the terms of the
procurement. Identify the required documentation and signatures for approved expenses or
services provided by the Government to the contractor. Contract personnel shall be provided
with a copy of Forest Service Manual 5354.0 and 5354.1 governing the limitations of law
enforcement operations in incident camp security functions.
Personnel. The contractor bears the sole burden for ensuring that his operations and personnel
are in compliance with all federal, state, and local laws and requirements. This includes full
compliance with all laws, regulations and licensing pertaining to security guard services and
compliance with FS qualification requirements. The contractor shall be responsible for obtaining
all necessary training, permits and licenses at their own expense. The contractor shall furnish a
legible copy of all legally required licenses and permits, and proof of required qualifications
compliance to the procuring official. Failure by the contractor to maintain valid qualifications,
licenses and permits may be cause for the government to take actions, up to an including
termination for default, and/or removal of a security guard from assigned duties if such permits
or licenses are required to perform their duties. All contract employees must be citizens of the
United States. The Forest Service may allow legal resident aliens with proper INS-issued work
permits to work under this agreement upon the contractors’ request. Under no circumstances
will resident aliens lacking valid INS work permits be allowed to work under this agreement.
Deputy Chiefs, Station Directors, Area Directors and WO Staff Directors
All contract employees must be at least 21 years of age. All contract personnel must carry and
present upon request a valid government-issued photographic identification card.
Extent of Procurement. Address any minimum procurement requirements or period, and any
provisions for reimbursement upon release or reduction in services. Address what if any
expenses of the contractor will be borne by the government – e.g. telephones and radios,
consumables, vehicles (including mileage and expenses), office facilities, lodging and meals,
travel of contractor’s personnel to and from the incident, support services such as
food/medical/shower services, etc., and if/how the cost of such services will be charged back to
the contractor. Address how individual unspecified purchases will be approved and paid.
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