Fire Trespass Management and Coordination

May 3, 2019
 

In Reply Refer To:
1680 (850) P         

EMS TRANSMISSION:  5/7/2019
Permanent Instruction Memorandum No. CA-2019-002

To:          BLM California District Managers, Field Managers,  District Fire Management 
               Officers, Special Agent-In-Charge, and State Chief Range

From:      Acting State Director

Subject:  Fire Trespass Management and Coordination

Program Area: This Instruction Memorandum (IM) pertains to BLM California Fire and Aviation Management, District and Field Office Leadership, Law Enforcement and other staff engaged in fire trespass and cost recovery efforts.

Purpose:  This IM supersedes IM CA-2010-019, establishes procedures, assigns responsibilities and provides fiscal guidance for the BLM California Fire Trespass program, and issues the attached BLM California Trespass Operations Plan (Trespass Plan).

Policy/Action:  BLM California shall follow the procedures and guidelines within the Trespass Plan and BLM National Fire Trespass Handbook.  The BLM shall provide a State Fire Trespass Coordinator to provide guidance and coordination between Districts, State Office, Office of the Solicitor, and the BLM National Office.  The Trespass Plan identifies the roles and responsibilities of all BLM personnel  associated with fire investigation and fire trespass activities, including Leadership, Fire, Law Enforcement, and Office of Communications staff.  Key District coordination includes:

• Each District shall designate a Fire Trespass Coordinator (FTC) to manage fire investigations and fire trespass cases, coordinate all fire trespass efforts and reports between Field, District, and State Office contacts and maintain district trespass information on the statewide trespass tracking spreadsheet and annual trespass report.
• Each District Fire Management Officer shall provide oversight to the District FTC and work with the State FTC, District FTC, and appropriate District and Field Office Managers to provide oversight of their fire cost recovery and cost reimbursement accounts.
• Each District Manager or delegated Field Office Manager shall complete a fire trespass decision documents for each trespass fire and route through the Data Tracking System (DTS), as appropriate.  Managers coordinate with the BLM District Fire Management Officer to clarify fire investigation and trespass efforts between direct fire protection and   land jurisdiction agencies within local annual operating plans or as otherwise negotiated.

Timeframe:  This IM will be updated or revised, as needed.  District Fire Trespass reports are due mid-October of each year.  The statewide fire trespass report is due to the National Office at the end of October annually.  The Trespass Plan will be reviewed at the end of each calendar year and revised as necessary.

Budget Impact:  The recoverable costs through fire trespass include fire suppression activities, emergency stabilization and rehabilitation efforts, and damages to resources.  These funds could provide substantial support to fire prevention and law enforcement training and activities, and restoration and rehabilitation, as appropriate, and require coordination between Field Offices, District Office and State Office.  An additional BLM CA IM will outline fiscal management procedures and codes of fire trespass funds.

Background:  Fire trespass refers to the occurrence of an unauthorized wildland fire on BLM public lands or within BLM direct protection areas (DPA) when the source of ignition is the result of human activity. The BLM shall pursue fire trespass actions in an attempt to recover costs, when a responsible party(s) is identified and legal liability or intent exists for the cause of those fires.  BLM trespass cases require Solicitor review of the legal liability or intent determination before perusing cost recovery efforts. Fire trespass is a complex program that crosses organizational boundaries and programs.  

BLM fire trespass coordination may vary based on the agency with direct fire protection and agency with land jurisdiction as agreed upon in the statewide Cooperative Fire Management Agreement (CFMA) and associated local annual operating plans. It is recommended that districts have a district level fire trespass operating plan, or crosswalk, to provide clear direction and coordination in support of local annual operating plans and the CFMA.

Coordination:  The California State Office Fire and Aviation Program followed the BLM National policy direction and Fire Trespass Handbook guidance for the development of the Trespass Plan and included statewide and national review periods, incorporating all appropriate comments to best meet policy and program needs.

Contact:  If you have questions regarding this IM or the BLM California Fire Trespass Operating Plan, please contact Miriam Morrill, State Fire Mitigation & Education Specialist, at (916) 978-4680 or mmmorrill@blm.gov. 

For Fire Trespass questions at the district level, please contact the District Fire Management Officer: Walter Herzog, NorCal DFMO at (530) 224-2151 or wherzog@blm.gov; Elizabeth (Betsy) Schenk, CenCal DFMO at (916) 941-3123 or eschenk@blm.gov; or Paul Gibbs, CDD DFMO at (951) 697-5355 or pgibbs@blm.gov.

For Law Enforcement and Safety Fire Trespass questions, contact Salvador Nieblas, State Chief Ranger, (916) 978-4454, snieblas@blm.gov.

Signed by:                                                                   Authenticated by:
Joseph Stout                                                               Larry Weitzel
Acting State Director                                                  GIS/Applications Mgmt. Branch, CA-946
 

Attachment:
    BLM California Fire Trespass Operating Plan (77 pp)