Stipulations for Fire Prevention and Control into the Standard Stipulations for Rights-of-Way and other Land Use Authorizations in Arizona

Standard stipulations for ROWs and other LUAs have been collaboratively developed by State, District and Field Offices. When granting, renewing, assigning, or amending a ROW or LUAs, in addition to the above-referenced general terms and conditions, the standard fire stipulations in Attachment 1 would be implemented as follows:

• Standard fire stipulations should be included in ROW/LUA authorizations without revision. The Authorized Officer will use these standard guide fire prevention and control stipulations.
• Additional, non-standard stipulations may be developed to address site specific conditions above and beyond these standard guide fire stipulations. It is important to ensure additional stipulations are prepared as a result of the environmental analysis and appropriate mitigation, other pertinent laws and regulations, policies, and planning documents. Stipulations should not be developed or revised simply to appease a request for language modification. Additional stipulations will be approved by the management level above the officer delegated to authorize the grant.
• The only non-standard fire stipulation that requires a specific finding to be included is the strict liability stipulation (see attachment #4). The strict liability stipulations found at 43 CFR §§ 2807.12(a) and (b) and 2886.13 (a) and (b) must be included in an authorization if a risk of fire or other damage or injury to the United States (U.S.) is generally foreseeable, even if rare. The authorized officer must identify in the authorization the activity and/or facility posing such hazard or risk and the financial limitations. The authorized officer should pursue the maximum amount found in the annual instruction memorandum transmitting the strict liability amount on damages appropriate with such hazard or risk. The BLM updates this amount each year to account for “changes in the Consumer Price Index for All Urban Consumers, U.S. City Average as of July of each year” (43 CFR §§ 2807.12(b)(3) and 2886.13(b)(3)).

Where activities involve transmission of flammable material or may be a source of ignition, such as electricity, petroleum/oil or gases, strict liability stipulations should be included after a determination of foreseeable hazard or risk by the authorized officer in the authorization. Examples of such activities include, but are not limited to power sources (e.g. utilities, powerlines, generators, etc.), oil and gas operations, blasting activities, equipment and vehicle operation and maintenance, welding, and grinding.