Fire Trespass

June 10, 2010

In Reply Refer To:
9238 (CA943) P

EMS Transmission: 6/10/10
Instruction Memorandum No. CA-2010-019

To:                   District/Field Office Managers
                        District/Field Office FMO
                        Special Agent in Charge

From:              Acting State Director

Subject:           Fire Trespass

Purpose:  The purpose of this Instruction Memorandum (IM) is to promote effective coordination of fire trespass related activities and reemphasize the importance of fire trespass litigation actions.

Background:  Fire trespass is the occurrence of unauthorized fire on Bureau of Land Management lands where the source of ignition is a result of human activity and there is evidence of negligence or intent.   BLM is directed to pursue cost recovery for human-caused fires on public lands.  Each BLM State Office has a designated State Fire Trespass Coordinator to manage cost recovery efforts, including litigation.  Each District is required to designate a Fire Trespass Coordinator to manage fire trespass investigations and coordinate documentation and reporting.  The Fire Trespass Handbook also directs each state to develop a Fire Trespass Operating Plan (attached).  The Operating Plan identifies the roles and responsibilities of all BLM individuals associated with trespass cases (i.e. State Director, Field Manager, FMO, etc.).

Fire trespass is a complex program that crosses organizational boundaries; fire operations, prevention, emergency stabilization and rehabilitation, law enforcement, and business operations are some of the program areas that interact.  As timeliness is vital to meet court-ordered deadlines, prompt assistance from State and Field Office personnel becomes critical once the cases have been referred to the Solicitor’s Office or the U.S. Attorney’s Office.

In the past, California BLM has not been aggressive in fire trespass cost recovery and documentation.  However, as we move forward with full implementation of the California BLM Fire Trespass Operating Plan, we acknowledge that trespass cases are becoming more complex, demanding, and time-consuming.  Because of this, it is critical that all California BLM employees, when requested to assist in a fire trespass case, take their role seriously and cooperate fully with the State Fire Trespass Coordinator and others working on the case.

Policy/Action:  The State Fire Trespass Coordinator will coordinate communications with managers during key stages of the cost recovery process.  Upon the commencement of litigation, a meeting shall occur with the District Manager, Field Office Manager, State Fire Management Officer, and State Fire Trespass Coordinator to communicate timelines, discuss personnel expertise predicted to be needed for the case, identify deliverables, and establish a Field Office contact to help facilitate the needs, requests, and issues that will arise with the litigation.  Additional meetings may be necessary during other timeframes related to the fire trespass case.

Managers will ensure that supervisors and employees fully cooperate with the State Fire Trespass Coordinator and other fire trespass personnel (i.e., law enforcement, etc.) in fire trespass cases to provide requested information within established timeframes.  At times, information requested may be time-sensitive and supervisors, managers, and employees must prioritize the fire trespass-related requests to meet court-imposed deadlines. 

Timeframe:  This policy is effective immediately for all California BLM offices. 

Budget Impact:  Collections from fire trespass cases are returned to California BLM and may be used in a similar manner as originally appropriated.  Implementation of this IM will facilitate cost recovery and improve cost recovery success.

Manual/Handbook Sections Affected:  None.

Coordination:  This document was coordinated with the District Managers, Special Agent-in-Charge (SAC), and State Fire Management Officer.

Contact:  If you have questions regarding this policy, please contact Debra Hein, State Fire Trespass Coordinator at (760) 872-5057.

Signed                                                                                    
Paul Bannister                                                                        
Acting State Director                                                             

Authenticated
Johnny Facio II
Administrative Support Assistant

Attachment –
            DRAFT CA BLM Fire Trespass Operating Plan (20 pp)