Chapter 1

 

Emergency Fire Suppression Account

 

 

Section 1. Purpose.  These rules are to govern the administration of the emergency fire suppression account, hereinafter referred to as the EFSA, created by W.S. 36-1-401 et. seq. to provide funds for the cost of suppression of qualifying emergency wildland fires.

 

Section 2.   Authority. These Rules and Regulations of the State Forester are adopted pursuant to W.S. 36-1-403(a)(iv).

 

Section 3.   Definitions. As used in this chapter:

 

(a)                "Authorized Expenditure" means a listing of suppression costs which qualify for expenditures from the EFSA.

 

(b)               "Contract Year" means the same as the State Fiscal Year.

 

(c)                "EFSA" means the Emergency Fire Suppression Account established by W.S. 36-1-401.

 

(d)               "Jurisdictional Fire Entity(s)" means the fire district; municipal, volunteer, county, or combination fire department; state or federal agency in the participating county within whose jurisdiction(s) the fire is burning or threatened.

 

(e)                "Participating County" means a county, including all fire districts; municipal, volunteer or combination fire departments within the boundaries of the county, which has entered into a Memorandum of Understanding with the Wyoming State Forester to participate in the EFSA and has paid assessments provided by W.S. 36-1-404.

 

(f)                "State Forester" means the administrative head of the Wyoming State Forestry Division.

 

(g)               "State Lands" means lands under jurisdiction of the State Board of Land Commissioners.

 

(h)               "Supporting Entity(s)" means any fire district; municipal, volunteer, or combination fire department; county, state or federal agency providing fire suppression, mop-up or other support and resources to the Jurisdictional Fire Entity(s).

 

(i)                 "Unit Administrator Group" means a group consisting of two or more individuals assigned administrative responsibilities to make coordination decisions and recommendations within the framework of the Annual Operating Plan.

 

 (j) "Suppression". Suppression includes fire operations, mop-up, and repairing damage to state and private lands caused from fire operations.

 

(k) "Pre-Positioning" means any fire suppression resources that are being temporarily placed within an area during high fire risk.

 

Section 4. EFSA Request.              

   

(a)                Initial notification shall be provided to the State Forester or designee, as far in advance as practical, of impending emergency conditions or upon determination of the Jurisdictional Fire Entity(s) that fire suppression is beyond their capabilities.  Initial notification may be through a phone call, radio or in person.

 

(b)               The County Fire Warden or designee, Deputy County Fire Warden or a member of the participating county's Board of County Commissioners or their designee, shall submit an EFSA assistance request for any fire beyond the Jurisdictional Fire Entity's fire suppression capabilities. 

 

(c)                EFSA funding requests must be made for each individual fire.  The State Forester or designee may make exceptions.

 

(d)               The Wyoming State Forestry Division shall notify the County of its decision as soon as possible.

 

Section 5.        Pre-Positioning

 

(a) The State Forester shall approve the pre-positioning of any fire suppression resources.  The State Forester shall retain control of all pre-positioning resources.

 

(b) The State Forester shall consider the following factors in evaluating requests to pre-positioning fire suppression resources:

 

  (i) The National Fire Danger Rating System (NFDRS) Fire Danger Index;

 

  (ii) The extended weather forecast;

 

  (iii) Initial attack capabilities; and

 

  (iv) Other factors deemed appropriate to the State Forester.

 

Section 6.   Operational Procedures.

 

(a)                Upon State Forester's approval of the county's request for EFSA assistance funding:

 

(i) The Jurisdictional Fire Entity(s) must maintain a representative for the duration of the fire.

 

(ii) A Unit Administrator Group will be established between the Jurisdictional Fire Entity(s) and the State Forester or designee as soon as practical or upon EFSA approval.

 

(iii) On multi-jurisdictional fires the Unit Administrators Group must include representatives from all Jurisdictional Entity(s) including federal agencies.

 

(iv) On multi-jurisdictional fires, a cost share agreement must be initiated within twenty-four (24) hours of the EFSA approval. All cost shares that include EFSA funding must have State Forester or designee approval prior to final signing by jurisdictional fire entity(s) involved.

 

(v) EFSA funds may be used on all State lands.

 

(b) Payments from Participating Counties

 

(i) The Jurisdictional Fire Entity(s), or by cost share agreement, a county, the State or federal agency(s), shall be responsible for invoices associated with the EFSA.

 

(ii) The Jurisdictional Fire Entity(s) may negotiate with the State Forester for direct payment of vendor invoices from the EFSA.

 

(iii) The Jurisdictional Fire Entity(s) shall submit paid expenses from approved EFSA fires to the State Forester within ninety (90) days as practical following the fire being declared controlled.

 

(iv) If the Jurisdictional Fire Entity(s) receives payment from insurance or other sources for expenses paid by the EFSA, the Jurisdictional Fire Entity(s) will reimburse the EFSA the amount paid, but not to exceed 100% of expenses paid from the EFSA for the approved fire(s).

 

Section 7.   Authorized Expenditures. The State Forester shall limit EFSA assistance funding to pre-positioning resources and approved fires. All EFSA expenditures will be summarized and supported by paid invoices or appropriate documents. 

   

(a)                Payments will be based upon the Cost Share Agreement.

 

(b)               The EFSA shall honor all mutual aid agreements and costs associated within agreed upon mutual aid periods shall not be charged to the EFSA.

 

(c) Personnel

 

(i) Jurisdictional Fire Entity(s) salaried and unsalaried employees are limited to EFSA fire related overtime cost. All payments will follow entities' pay policies.

 

(ii) Support entity(s) salaried and unsalaried employees are limited to regular hourly rate plus fire related overtime on EFSA fires. All payments will follow entities' pay policies.

 

(iii) All volunteer personnel rates will be calculated from rates published in the current Wyoming Wildland Fire Resources Mobilization Guide.

 

(iv) Proper documentation must be provided to the Wyoming State Forestry Division to support personnel payments.

 

(d) Equipment

 

(i) All firefighting equipment will be reimbursed to rates within the Wyoming Wildland Fire Resources Mobilization Guide or to emergency contracted rates.

 

(ii)  Proper documentation must be provided to the Wyoming State Forestry Division to support all equipment use.

 

(iii) Flight time or retardant from outside agency aircraft is an authorized EFSA expense.

 

(e) Supplies. 

 

(i)                 Expenses of fire related supplies shall be reimbursed as specified within the current Interagency Incident Business Management Handbook. 

 

             (f) A post accounting internal review of invoices and documentation may be conducted jointly, by Wyoming State Forestry Division and Jurisdictional Entities. The State Forester, in case of conflict, retains the right of final resolution.

 

Section 8.   Insufficient Funds.

 

(a) If the State Forester determines funds in the EFSA may be insufficient to make reimbursement for the full cost of suppression of qualifying fires occurring, or which may occur, during the year, the State Forester shall coordinate with the Wyoming governor and legislature to acquire necessary funding to pay for suppression costs.

 

(b) If sufficient funding is not acquired through legislative appropriations, the State Forester shall administer the EFSA according to W.S. 36-1-401 et seq.