Interagency Fire Protection Agreement

between

The Bureau of Land Management (Alaska)
Alaska Fire Service

and

The Bureau of Indian Affairs (Alaska)
BIA 1420-0699-2

1. Purpose

THIS FIRE PROTECTION AGREEMENT, effective the latest date of approving signature, is between the Bureau of Land Management (BLM), for the Alaska Fire Service, hereinafter referred to as AFS, and the Bureau of Indian Affairs, Alaska Region, hereinafter referred to as BIA. The BLM and the BIA are Federal agencies charged with providing adequate fire protection of the natural ecosystems within their respective jurisdiction through the management of wildland, prescribed fire, and hazardous fuel reduction operations. The AFS is an organization whose employees are administered by the BLM and whose mission is to provide wildland fire suppression on Department of the Interior and Native-owned lands in Alaska. The purpose of this agreement is to establish a plan for fire detection, suppression actions, prescribed burns and hazardous fuel reduction operations for BIA administered lands, and to provide for mutual assistance to more effectively discharge these responsibilities within the State of Alaska.

II. Authority

A. This interagency agreement is authorized between the BLM and BIA under terms of the National Interagency Agreement and Amendments for Fire Management. Bureau of Land Management Agreement number: 1422-R220A7-6000 and BIA Agreement Number: POOC14IA9871.

B. Land selected by or conveyed to corporations formed pursuant to the Alaska Native Claims Settlement Act of December 18, 1971, Public Law 92-203, that lie within the boundaries of BIA and BLM lands shall receive wildland fire protection services from the responsible agency.

C. Departmental Manual, Part 620, Chapter 1 and 2.

D. Reciprocal Fire Protection Act of May 27, 1955 (69 Stat. 66; 42 U.S.C. 1856a).

E. Indian Self-Determination and Education Assistance Act as amended (P.L. 93-638)

F. Fire Suppression Agreement between BLM and State of Alaska

III. Coordination Contacts

When conflicts between the BIA, Tribe and AFS counterparts arise, they will be referred to progressively higher levels for resolution.

A. Regional Fire Management Officer (RFMO)

1. The BIA RFMO represents the BIA for performance under this agreement. The AFS Manager is the AFS contact and counterpart.

2. The RFMO will represent the BIA on the Multiple Agency Coordinating (MAC) group. When protection standards must be modified or resource allocations become an issue, the MAC group develops broad regional and statewide suppression policy and management direction, which reflects optimum protection for all lands considering suppression constraints.

3. The RFMO acts as the BIA focal point regarding problems arising from performance of this agreement.

4. The RFMO may assign an operational representative to the MAC Group at the AFS headquarters to provide interface between BIA managers, other Land Manager/Owner representatives, and AFS.

B. Tribal Service Area Fire Management Officer

1. The Tribal Service Area Fire Management Officer (TFMO) represents the Tribe/Tribal organization for performance under this agreement. The Manager, AFS is the AFS contact and counterpart.

2. The TFMO may assign an operational representative to the MAC Group at the AFS Headquarters to provide interface between BIA managers, other Land Manager/Owner representatives, and AFS.

C. Agency Administrator

The Agency Administrator is the BIA Alaska Regional Director and is directly responsible for management of the region and its resources. The AFS contact and counterpart who has wildland fire suppression responsibility for BIA lands and suppression concerns is the Zone Fire Management Officer. The State of Alaska, through cooperative agreements, provides fire suppression service in the southern portion of the state. The State of Alaska, Area Fire Management Officer who has wildland fire suppression responsibility for BIA administered lands is the contact and counterpart for suppression concerns. Hereinafter both will be referred to as "FMO".

1. The Regional Director, RFMO or TFMO, in conjunction with the FMO, develops a Wildland Fire Situation Analysis (WFSA) for fires requiring sustained attack as outlined in the Alaska Interagency Fire Management Plan (AIFMP). The WFSA includes suppression objectives, operational parameters, an evaluation of the resources at risk, an estimate of cost of implementation, and the selection of an appropriate suppression alternative.

2. The Regional Director approves the selected suppression strategy for BIA administered lands. The BIA can order termination or modification of any suppression action within BIA administered lands through an update of the WFSA in conjunction with the FMO.

3. The RFMO and the FMO will collectively develop and the Regional Director and FMO will co-sign the Limited Delegation of Authority for BIA administered lands for extended attack fires.

D. Agency Advisor

The Agency Advisor is the BIA or Tribal representative assigned to BIA responsibility fires requiring Type I or Type II overhead teams, or on other tires the RFMO, TFMO or FMO believes warrant this attention.

1. The Agency Advisor provides the FMO or the Incident Commander (IC) with BIA policy direction, operational liaison, and assists with the preparation/interpretation/modification of the WFSA.

2. Suppression tactics and organizational control remain with the IC who directs attack commensurate with BIA suppression objectives and operational parameters defined in the WFSA.

E. Environmental/Cultural Specialist

An Environmental and/or Cultural Specialist may be assigned to a specific fire at the request of the IC or the Regional Director.

1. The Environmental Specialist represents the BIA in an advisory role relative to natural resources threatened from fire and/or suppression activity.

2. The Cultural Specialist represents the BIA in an advisory role relative to cultural resources threatened by fire and/or suppression activity.

3. While assigned to a wildland fire, the Environmental and/or Cultural Specialist will work for the Planning Section Chief.

IV. Protection Standards

A. The BIA assigns Protection Standards as defined within the AIFMP.

B. The BIA assigns Protection Standards to proposed/selected Native Allotment lands under interim BIA management located within the exterior boundary of BIA responsibility.

C. Heavy equipment including off-road vehicles, tractors, other motorized equipment, and other identified constraints will not be used within units of the BIA administered lands unless their use is specifically approved by the Regional Director or designated representative. Constraints on suppression tool use are identified in the AIFMP. Additional constraints maybe identified in the WFSA process.

D. The use of retardant, smokejumpers, helicopters, fixed wing aircraft, and conventional ground forces equipped with handtools, chainsaws and portable pumps may be used for fire suppression on BIA administered lands.

E. This agreement is limited to wildland fire suppression and does not authorize structural fire suppression.

V. Hazardous Fuel Reduction Operations

The BIA and AFS will coordinate hazardous fuel reduction operations (projects) where and when possible. Such operations will also be coordinated with other Federal and State agencies, and Tribal organizations in Alaska where and when possible. The BIA and BLM will be responsible for funding their fair share of the total hazardous fuel operations. The concepts contained in the fuels portion of the Risk Assessment and Mitigation Strategies (RAMS) process will be applied. The projects will be assigned priority values for Objective, Urgency, and Probability of Success, in that order. For example: "A31" would represent the code for "Hazard Reduction Protection of Fife", "Not as Above", and "High". The codes for Objective, Urgency, and Probability of Success priority values are as follows:

Objective: 

"A" - Hazard Reduction Protection of Life (Wildland/Urban Interface).

"B" - Hazard Reduction Protection of Property (Natural/Cultural Resources).

"C" - Fuels Reduction & Resource Enhancement.

"D" - Maintenance of the Natural Role of Fire.

Definition of "Hazard" - Fuel complex defined by kind, arrangement, volume, condition and location that form a special threat of ignition and resistance to control.

Urgency: 

"1" - Narrow Window of Opportunity. Workload, scheduling, constraints, capability, etc. should be considered as factors as opposed to only weather, fuel moisture, etc.
"2" - Prerequisite Step in a series of activities.
"3" - Not as Above.

Probability of Success: 

"1"- High probability of completing project and accomplishing objectives within planned time frame.

"2"- Moderate probability of completing project and accomplishing objectives within planned time frame.

" 3" - Low probability of completing project and accomplishing objectives within planned time frame.

VI. AFS Responsibility

A. Provide wildland fire preparedness, detection, and suppression on designated 13IA administered lands. This may include lands designated in 620 DM as being outside of AFS mandated responsibility area on request of the RFMO.

B. Immediately notifies the appropriate BIA Land Manager, TFMO and/or the RFMO of any fire detected on BIA administered lands in accordance with the AIFMP.

C. Provide a daily fire situation report to the BIA/RFMO that includes all fires detected on BIA administered lands within the previous 24 hours.

D. Authorize BIA access to the BLM Initial Attack Management System (TAMS) for monitoring purposes. AFS will provide training in TAMS system use. AFS will charge the BIA, through a reimbursable agreement, for expenses incurred by AFS to provide this service.

B. Logistically supports, to the fullest extent reasonable and available, the Regional Director or Agency Advisor on the fireline and/or in fire camp.

F. Accept BIA direction, in terms of III. C, and D, for suppression efforts on BIA administered lands. Maintain command of suppression forces working on BIA fires.

H. Provide rehabilitation to minimize impact on BIA administered lands damaged wildland fire and suppression efforts. Rehabilitation must be accomplished within departmental fiscal authority, by forces on hand at the fire, during and immediately after the fire.

I. Provide fire suppression training to BIA employees based on BIA request and available training space.

J. Provide assistance on BIA prescribed fires based on availability of resources.

K. Ensure that any AFS agreements with other agencies regarding suppression responsibilities on BIA administered lands are consistent with and subordinate to this agreement.

L. Make a preliminary investigation of suspected human-caused fires on BIA administered lands, including gathering and preserving information/evidence pertaining to the source and cause of the fire. BIA will assume further investigation responsibilities at this point and pursue all legal ramifications associated with their lands.

M. Make Secure BIA approval for removal of any animal in BIA fire areas which constitute an imminent danger to fire fighting personnel, except where emergency situations dictate immediate action. The head and hide will be surrendered to BIA for disposal. The Regional Director may request the entire carcass for scientific study.

N. Provide a copy of the AFS/State Annual Operating Agreement and an updated Alaska Fire Mobilization Guide Directory annually to the RFMO by May 15.

VII. BIA Responsibilities

A. Provide a wildland fire prevention program for BIA administered lands.

B. Provide a wildland fire closure/restriction program for BIA administered lands. Notify AFS Manager as to the impending status of these actions.

C. Prepare a WFSA for BIA administered land, which includes suppression objectives in priority and operational parameters, for all tires as required by the AIFMP.

D. May assign an Agency Advisor to all B1A fires using Type II or Type I incident management teams or on other fires as warranted.

E. Report all wildland fires detected by the BIA to the Alaska Interagency Coordination Center (AICC) or the nearest Fire Management Base.

F. Provide Incident Command System qualified personnel, as available, for assignment on incident management teams.

G. Identify BIA administered lands which require protection in accordance with the AIFMP.

H. Provide input and co-sign any Limited Delegations of Authority, as identified in this agreement.

I. Provide assistance to AFS on prescribed fires based on availability of resources.

J. Prepare and implement a Burned Area Emergency Rehabilitation (BAER) Plan to minimize the damage of wildland fire and suppression efforts. Rehabilitation must be accomplished within departmental fiscal authority and BAER guidelines.

VIII. Tribal Service Area Responsibilities

Under the Indian Self-Determination and Education Assistance Act Tribes or Tribal organizations can assume BIA fire preparedness responsibilities. Where this is the case, Tribes may fulfill the functions as outlined in this agreement for their respective service area. The EIA Regional Director maintains the inherently federal functions and signatory authority as outlined in this agreement.

IX. Public Affairs

A. AFS will limit media releases to fire statistics and on going suppression actions on fires occurring on BIA administered lands. Questions regarding BIA policy will be referred to the BIA/RFMO or designated representative.

B. The BIA will supply an individual to represent the BIA at the interagency media information center located at AFS headquarters on an as-needed, as-available basis.

X. Communications

By May 1, each agency will provide a copy of their communication plan for frequency assignments for monitoring fire suppression activities and interagency communication.

XI. Record Keeping and Reports

A. At the end of each fire season, and no later then November 1, AFS will provide the BIA with copies of fire reports (DI-1202) for any fires which occurred on BIA administered lands.

B. The BIA will provide situation reports to the BIA National Interagency Fire Center (NIFC).

XII. Liability

Each party shall be responsible for its own acts and the results thereof, and each party shall not be responsible for the acts of the other party or the results thereof. Each party shall assume all risk and liability to itself, its agents, or employees for any claim for any injury to persons or property resulting in any manner from the conduct of its own, and that of its agents or employees operations under this agreement on any lands so covered, and for any loss, cost, damage, or expense resulting at any time from any and all causes due to any act or acts, or neglect, negligence, or improper precautions, while performing the activities designated in this agreement.

XIII. Finance

A. With the exceptions noted in this agreement, it is mutually agreed that all funds expended by an agency in connection with this agreement will be absorbed by that agency. No preparedness, suppression or prescribed fire costs are reimbursable.

B. Economy Act Determinations to support reimbursement are not required because the Reciprocal Fire Protection Act specifically authorizes the execution of agreements between agencies of the United States and the agencies and instrumentalities for mutual aid in fire protection and other fire management purposes. It is stated in the Federal Acquisition Regulations (FAR) 17.500(b) that the Economy Act only applies when more specific authority does not exist.

XIV. Equal Opportunity

Pursuant to 41CER Chapter 60-1.4 both parties recognize that they are obliged to abide by and include the equal opportunity clause contained in the Federal Executive Order 11246, Section 202, in each of its government contracts, should there be contracts as a result of this agreement, and modifications thereof if not included in the original contract.

XV. Public Officials

No member of, or delegate to, Congress or Resident Commissioner, shall be admitted to any share or part of the cooperative agreement or to any benefit to arise therefrom, unless it is made with a corporation for its general benefit.

XVI. Other Considerations

A. When BIA administered lands change in location or acreage, they will be protected under the terms of this agreement unless specifically deleted by the BIA.

B. This agreement will be reviewed at least every five (5) years or sooner upon agreement of the parties.

C. Either agency may cancel this agreement with 30 days written notice.

D. This agreement may be amended at any time by mutual consent of the parties.

E. This agreement supersedes previous Cooperative Fire Management Agreements (BLM AK-950-AGI-479 and AK-950-MU2- 8).

F. More site specific cooperative agreements between responsible local hand Managers, which are consistent with this agreement, are encouraged.

XVII. Effective Date

A. This agreement will be effective on the date of the last signature to this document.