Procedures for Collections, Deposit and Use of BLM CA Fire Trespass Funds

May 3, 2019

In Reply Refer To:
1680 (850) P         

EMS TRANSMISSION:  5/6/2019
Permanent Instruction Memorandum No. CA-2019-001

To:          District Managers and District Fire Management Officers

From:      State Director

Subject:   Procedures for Collections, Deposit and Use of BLM CA Fire Trespass Funds

Program Area: Fire and Aviation Management

Purpose:  This Instruction Memorandum (IM) provides direction in the collections, deposits and use of fire trespass funds (L5310 and L5320 functional area accounts). Guidance for the Lands & Reality and Minerals L5320 account is not addressed in this IM.

Policy/Action: In all cases where a human-caused wildland fire occurs on BLM land, a responsible party has been identified and legal liability or intent determined, fire trespass actions will be pursued in attempt to recover fire suppression costs and or resource damages. Based on the origin of the fire and Direct Protection Area (DPA), the fire investigation and or trespass case may be initiated and or coordinated by a different agency. Refer to the BLM CA Fire Trespass Operating Plan (Trespass Plan) for more information.

• Collections & Deposits- Recoverable costs include suppression activities, emergency stabilization and rehabilitation planning, treatments, and monitoring, damages to resources and improvements and administrative costs directly incurred in suppressing the fire on public lands.
  • The District or Local Fire Trespass Coordinator (DFTC) will work with State Fire Business Analyst (State Analyst) to retrieve and validate fire suppression costs and with the Local and or State Office Emergency Stabilization and Burned Area Rehabilitation (ES & BAR) Coordinator for associated costs.
  • The DFTC will follow guidance in the Trespass Plan to coordinate and communicate collection costs and procedures to the trespass suspect (see attachment).
  • The State Office Financial Specialist (Financial Specialist) in coordination with the Analyst will prepare the Bill of Collection to provide to the DFTC and Authorized Officer. The Financial Specialist will also deposit all fire trespass collections in accordance with the Trespass Plan into the appropriate accounts as identified in the table below. Reporting receipt(s) of collections to the Analyst and the State and DFTCs. The Financial Specialist processes write-offs and settlements in the Collections and Billings System (CBS). 
     
• Spending and Reporting- Fire trespass funds are only to be used for non-recurring contracts, interagency activities, temporary labor, and one-time purchases not requiring continued monetary commitment. These funds are not base funds; they are considered one-time funds and cannot be used to augment the preparedness budget. See the Trespass Plan for more guidance and information.
   
• Coordination:  Ongoing coordination needs to occur between State, District and Field Office programs to collect, spend and report fire trespass funds. As fire trespass funds are collected, 20% will be deposited to the State Office and 80% to the District Office where the fire occurred. The District Fire Management Officers are responsible for overseeing fire trespass funding and projects at the field level and coordinating with the appropriate office and program leads. The State Fire Trespass Coordinator works with the State Fire Management Officer and District fire trespass programs to use trespass funding for statewide projects and support. The Fire Trespass Plan outlines all of the roles and responsibilities of BLM personnel engaged in the fire trespass process as well as the procedures, documentation and fiscal management requirements.

BLM CA Fire Trespass Funding Codes Table

Timeframe:  This IM becomes effective immediately and will be updated or revised, as needed.  District Fire Trespass reports, including annual trespass collections and spending, are due mid-October of each year. Fire trespass funds are “no-year” money, meaning they can be spent beyond the current fiscal year.

Budget Impact:  The recoverable costs through fire trespass include fire suppression activities, emergency stabilization and rehabilitation efforts, and damages to resources and improvements.  These funds should provide added support to fire prevention and law enforcement training and activities, and restoration and rehabilitation, as appropriate, and require coordination between Field Offices, District Offices and State Office.

Background:  BLM Fire Trespass authorities are outlined in the BLM Fire Trespass Handbook (H-9238-s), Department Manual – Part 620 DM (Wildland Fire Management), 1.7 (Fire Trespass) and Reciprocal Fire Protection Act of May 27, 1955, as Amended (69 Stat. 66; 42 U.S.C. 1856 et seq.). In California, the statewide Cooperative Fire Management Agreement (CFMA) and associated local annual operating plans further clarify fire trespass responsibilities and coordination. The BLM CA Fire Trespass Operating Plan provides additional information and guidance for internal coordination procedures statewide. District level fire trespass plans may be developed and outline more specific local and interagency coordination.

Contacts:  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 mmorrill@blm.gov.

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

For State Fire Business Analyst questions, contact Vanessa Kobilis at 916-978-4446 or vkobilis@blm.gov.  For State Financial Specialist questions, contact Twyla Russell at 916-978-4404 or trussell@blm.gov.

Signed by:                                                                  
Joseph Stout                                                              
Acting State Director

Authenticated by:
Larry Weitzel
GIS/Applications Mgmt, Branch, CA-946