[nhrxfire] FW: Looking for any SOPs on resource sharing on private or town land
- From: "Neely, John -FS" <jneely@xxxxxxxxx>
- To: "nhrxfire@xxxxxxxxxxxxx" <nhrxfire@xxxxxxxxxxxxx>
- Date: Fri, 26 Feb 2016 16:00:39 +0000
Hello, see message below regarding sharing of resources on private land (per
discussion at last meeting). I believe it is something we can accomplish with
a little work. Let me know your thoughts, thanks.
[Forest Service Shield]
John Neely
South Zone Fire and Fuels
Forest Service
White Mountain National Forest
p: 603-536-6261
c: 603-726-6264
f: 603-536-3685
jneely@xxxxxxxxx<mailto:jneely@xxxxxxxxx>
71 White Mountain Drive
Campton, NH 03223
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service
Twitter]<https://twitter.com/forestservice>[USDA
Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people
From: Jeremy D. Bailey [mailto:jeremy_bailey@xxxxxxx]
Sent: Friday, February 26, 2016 10:43 AM
To: mark.melvin@xxxxxxxxxxxxxxxxxx; Neely, John -FS <jneely@xxxxxxxxx>
Subject: RE: Looking for any SOPs on resource sharing on private or town land
Good morning John,
Mark forwarded your email, this is a topic we discuss fairly often. First,
thank you and thank the NH PFC for organizing a member MOU to share resources
and help each other accomplish your burning needs. That step is so important
and leads to improved partnerships and an increase in burning. Kudos! Can you
share the MOU so we have copy to reference and share with others?
I understand that the attached agreements are probably something very similar
to what you already have. Thought I might share just in case.
To address your question, we’re learning that federal and state agencies, even
municipal fire departments are burning on private lands, not in all cases and
it seems to be situational and based on the motivation of the leaders and
organizers of the activities. Here are a few examples:
· Carson National Forest in New Mexico hosts a burn crew from the Taos
Ski Valley to help the forest conduct burns on the Ski mountain (owned by
USFS/managed by Ski Valley). USFS provides the burn boss, Taos Ski Valley
provides the burn crew. In this instance, the Taos Ski Valley employees have
their Red Cards administered through IQS (private side of IQCS). There is no
transfer of funds and there is no MOU or agreement in place. Carson NF uses the
Qualification Card, which is reinforced in the NM State Joint Powers agreement-
but not specific to Rx.
· TNC and FWS have a national MOU that allows each other to
lead/support/fund each other’s burns as necessary. This includes burning on
private land as it’s identified as a priority for mission success. This MOU
then allows for other partners to have a paired down agreement with TNC and
also burn with FWS.
o TNC has a very similar agreement, in development, with the USFS.
· TNC has several agreements with USFS operating units that allow TNC
to provide Crews (private or volunteer) to support fire ground operations.
I believe that the private land issue is resolved when you integrate the
authorities of “Cooperative Funds and Deposits Act of December 12, 1975, Pub.L.
94-148, 16 U.S.C. 565a1-a3, as amended and the Wyden Amendment, Section 323(a)
of the Department of Interior and Related Agencies Appropriations Act, 1999, as
included in Pub.L. 105-277, Div. A., Section 101 (e), as amended by Pub.L.
109-54, Sec. 434, and the Omnibus Public Land Management Act, Pub.L. 111-11,
Sec. 3001.”
Also, take a look at this new story and associated link:
http://idyllwildtowncrier.com/2016/02/23/prescribed-burns-important-fire-prevention-tool/
In my experience, the Office of General Council for the USDA is very supportive
and open minded and helpful in finding ways to manage the liability as long as
it is critical to mission success. The rub seems to more often come from an
agency/organization’s FMO who is unwilling to share responsibility of
implementation. If you find that your forest is not willing to have an
all-inclusive MOU that includes private ownership then you may consider a
separate MOU with TNC (or similar organization) that can bridge the gap. Let
TNC have the agreement with private and you work on that private land through
your agreement with TNC.
I hope you find some of this information helpful, please keep us informed as
you progress. Many others are working to your same ends and could benefit from
any co-learning opportunities.
Jeremy
Jeremy Bailey
Associate Director, Fire Learning
Network<https://www.conservationgateway.org/ConservationPractices/FireLandscapes/FireLearningNetwork/Pages/fire-learning-network.aspx>
Chair, National Coalition of Prescribed Fire Councils
The Nature Conservancy
559 East South Temple,
Salt Lake City, Utah 84102
(801) 599-1394
jeremy_bailey@xxxxxxx<mailto:jeremy_bailey@xxxxxxx>
Learn more about Training
Exchanges<https://www.conservationgateway.org/ConservationPractices/FireLandscapes/HabitatProtectionandRestoration/Training/TrainingExchanges/Pages/fire-training-exchanges.aspx>
Learn<http://blog.nature.org/conservancy/2012/04/26/reflections-on-50-years-of-burning-in-the-nature-conservancy/>
how controlled burns give nature a boost: how can you help? Adopt a
Fireworker!<https://support.nature.org/site/Donation2?df_id=11680&11680.donation=form1&JServSessionIdr004=b2j36mops1.app228b>
From: Mark Melvin [mailto:mark.melvin@xxxxxxxxxxxxxxxxxx]
---------- Forwarded message ----------
From: Neely, John -FS <jneely@xxxxxxxxx<mailto:jneely@xxxxxxxxx>>
Date: Thu, Feb 25, 2016 at 10:20 AM
Subject: Looking for any SOPs on resource sharing on private or town land
To: "mark.melvin@xxxxxxxxxxxxxxxxxx<mailto:mark.melvin@xxxxxxxxxxxxxxxxxx>"
<mark.melvin@xxxxxxxxxxxxxxxxxx<mailto:mark.melvin@xxxxxxxxxxxxxxxxxx>>
Hello Mark,
I’m a member of the NH Rx fire council and was wondering if other councils have
faced this issue: Our current MOU allows council members to share resources on
each other’s land and it has worked well. Recently we have been approached by
towns, conservation groups and private citizens asking for help burning their
property. We would like to support these groups but since they do not fall
under our MOU we want to make sure our actions are covered liability wise. I
wondered if you have dealt with this issue on any of the councils and how it
was handled if so. Especially how USFS or other federal agencies handled it.
If this hurdle has been cleared by other councils I won’t have to reinvent the
wheel so to speak….thank you.
[Forest Service Shield]
John Neely
South Zone Fire and Fuels
Forest Service
White Mountain National Forest
p: 603-536-6261<tel:603-536-6261>
c: 603-726-6264<tel:603-726-6264>
f: 603-536-3685<tel:603-536-3685>
jneely@xxxxxxxxx<mailto:jneely@xxxxxxxxx>
71 White Mountain Drive
Campton, NH 03223
www.fs.fed.us<http://www.fs.fed.us/>
[USDA Logo]<http://usda.gov/>[Forest Service
Twitter]<https://twitter.com/forestservice>[USDA
Facebook]<https://www.facebook.com/pages/US-Forest-Service/1431984283714112>
Caring for the land and serving people
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Description: Draft Master PA for prescribed fire.docx
Attachment:
14PA11060120029DeschutesTNCTrexSigned.pdf
Description: 14PA11060120029DeschutesTNCTrexSigned.pdf
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USFS_FireMOU_Signed.pdf
Description: USFS_FireMOU_Signed.pdf
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