Prescribed Fire Policy for Non-Service Lands

TABLE OF CONTENTS

OVERVIEW

1.1 What is the purpose of this chapter? This chapter establishes U.S. Fish and Wildlife Service (Service) policy for employees who are involved in planning and implementing prescribed fire projects under the Partners for Fish and Wildlife (Partners) and Coastal Programs.

1.2 What is the scope of this chapter?

A. This chapter applies to the Service’s Partners and Coastal Program work on non-Service lands that uses prescribed fire to maximize benefits for Federal trust species and their habitats.

(1) Through cooperative agreements and grants, the Partners and Coastal Programs may participate in various stages of prescribed fire planning and implementation to enhance ecological outputs.

(2) The Fire Management Program provides technical and operational expertise when possible.

B. This chapter also applies on the rare occasions that employees are involved in prescribed fire work under the Coastal Program, but on Service land (see section 1.6D(2)).  

C. This policy complements the Service’s other fire management policies and procedures (see section 1.5C). If there are any inconsistencies, 621 FW 1 and the Service’s Fire Management Handbook take precedence.

D. For information about practices that Wildlife and Sport Fish Restoration Program (WSFR) grant recipients should follow when performing prescribed fire projects, see the Service’s Fire Management Handbook, Chapter 17, Prescribed Fire and Fuels Management.

PROGRAM BACKGROUND

1.3 What authorities allow the Service to support prescribed fire projects for the Partners and the Coastal Programs?

A. Department of the Interior and Related Agencies Appropriations Act of 2001 (Public Law 106-291 et seq.).

B. Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.).

C. Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.).

D. The Partners for Fish and Wildlife Act (Public Law 109-294).

E. The Watershed Restoration and Enhancement Agreements Act of 2007: Wyden Amendment (16 U.S.C. 1011).

F. 620 Departmental Manual (DM) 1-7, Wildland Fire Management.

1.4 Who is responsible for this prescribed fire policy? See Table 1-1.

Table 1-1: Responsibilities for Prescribed Fire for the Partners and Coastal Programs

1.5 What are the Service’s requirements for ensuring safety of employees and the public with prescribed fire projects?

A. Employee and public safety supersedes all other Fire Management Program priorities.

B. The primary means by which we prevent accidents and injuries in prescribed fire operations is through risk management. We reduce risk through training, mitigating hazards, and using safety equipment and Personal Protective Equipment (PPE).

C. Employees performing fire management activities must:

(1) Adhere to fire management policies and procedures for safety, training, and equipment, including:

     (a) DM Part 620, Wildland Fire Management;

     (b) 621 FW 1, Fire Management Program;

     (c) DM Parts 350 through 353, Aviation Management;

     (d) 330 FW 1 - 5, Aviation Management Program;

     (e) Procedures in the Service’s Fire Management Handbook;

     (f) Service Manual Parts 240 – 244, Occupational Safety and Health; 

     (g) Interagency Prescribed Fire Planning and Implementation Procedures Guide (PMS 484 Rx Guide); and

     (h) Interagency Standards for Fire and Fire Aviation Operations (Redbook).

(2) Use PPE and other required field gear in accordance with the Redbook and the Service’s Fire Management Handbook; and

(3) Report wildland fire-related accidents according to 054 FW 1, Serious Incident Notification Procedures, and 240 FW 7, Accident Investigation and Reporting. Also refer to Chapter 7, Safety and Risk Management in the Redbook for details.

D. The Service investigates incidents and accidents to improve effectiveness and safety of fire operations. Investigations are systematic inquiries to collect and interpret facts, identify causes, and develop control measures to prevent reoccurrence. Service Manual chapter 240 FW 7 establishes investigation requirements for serious and non-serious accidents, fire shelter deployments, and entrapments, including who is responsible for conducting the investigations.

IMPLEMENTATION

1.6 What is a prescribed fire, and what requirements must be met before Partners and Coastal Program employees implement habitat improvement projects that use prescribed fire?

A. A prescribed fire is a wildland fire intentionally ignited to meet specific objectives identified in a written, approved, prescribed fire plan for which National Environmental Policy Act (NEPA) requirements (where applicable) have been met prior to ignition. Objectives may include promoting fire-resilient landscapes and wildfire mitigation through hazardous fuels reduction, invasive species invasive species
An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.

Learn more about invasive species control, and habitat restoration for Federal trust species.

B. Projects we fund that involve prescribed fire must comply with all applicable Federal, tribal, state, and local policies and regulations, and obtain the necessary regulatory permits prior to implementation.

C. Agreements with landowners about prescribed fire are necessary:

(1) For Partners projects using Federal funding, before igniting a prescribed fire on non-Service lands, in addition to the grant or cooperative agreement, there must also be a private landowner agreement that the cooperator signs authorizing the use of prescribed fire.

(2) For both Partners and Coastal Program projects using prescribed fire, there must be a “hold harmless” agreement that the landowner signs. For the Partners Program, the “hold harmless” clause can be part of the private landowner agreement.   

D. Prescribed fire management duties require specific technical qualifications and training.

(1) Service employees working on non-Service lands: All Service employees who are involved with planning or implementing prescribed fire on non-Service lands must meet Service qualification standards for their position as described in the current National Incident Management System Wildland Fire Qualification System Guide (PMS 310-1) and in Chapter 13 of the Service’s Fire Management Handbook. Employees without appropriate wildland fire qualifications may discuss ecological reasons and benefits of prescribed fire, but they must refrain from discussing prescribed fire burn prescriptions and operational specifics.

(2) Service employees working on Service lands under the Coastal Program: On the rare occasion the Coastal Program funds a prescribed fire project on Service lands, a qualified burn boss must prepare a prescribed fire plan in writing and manage the burn.

     (a) The minimum qualifications standards for a Federal prescribed fire burn boss are based on burn complexity level (i.e., RXB3-low complexity, RXB2-moderate complexity, and RXB1-high complexity). These qualifications are in PMS 310-1, the Federal Wildland Fire Qualifications Supplement, and Chapter 13 of the Service’s Fire Management Handbook.

     (b) State employees, local cooperators, and contractors conducting or participating in prescribed fires on Service lands must meet PMS 310-1 qualifications standards for the role they are filling on the prescribed burn prescribed burn
A prescribed burn is the controlled use of fire to restore wildlife habitat, reduce wildfire risk, or achieve other habitat management goals. We have been using prescribed burn techniques to improve species habitat since the 1930s.

Learn more about prescribed burn . 

1.7 What are the expectations and requirements for implementing prescribed fire projects under these Programs?

A. Expectations: Understanding expectations when supporting prescribed fire through the Partners and Coastal Programs is necessary to ensure employees are acting safely; in accordance with Federal, state, tribal, and local laws; and within the scope of their job positions and qualifications. Staff may establish substantial Service involvement in a project by participating in the planning and management of the larger habitat improvement project, of which prescribed fire may be a part. This collaboration is programmatic in nature and may provide benefits (e.g., technical expertise, specialized equipment, labor) that otherwise would be unavailable to the recipient. Financial assistance awards may be grants or cooperative agreements.

B. Implementation based on funding agreement type: Implementation requirements depend on the funding instrument we use to award financial assistance funds to a recipient. While most Partners Program projects are funded as cooperative agreements, Coastal Program projects are usually funded through grants.

(1) Cooperative Agreements: Partners Program projects are primarily funded under cooperative agreements when the Service is substantially involved in the projects (see 640 FW 1). The Coastal Program may also provide funding for such projects through cooperative agreements when there is Service substantial involvement. Substantial involvement is a relative rather than an absolute concept. The decision to enter into a cooperative agreement is based on the need for the Service’s substantial involvement in the project after considering a variety of factors, including management, financial, and the technical needs of the recipient.

     (a) Service employees may participate in prescribed fire implementation appropriate to their qualification level as their current incident qualifications (red card) indicate under the direction of a National Wildfire Coordinating Group (NWCG)-qualified prescribed fire burn boss (RXB3, RXB2, or RXB1).

     (b) If an employee is not a Federal prescribed fire burn boss or trainee under a qualified burn boss, they must not write a prescribed fire plan, sign prescribed fire plans as the prescribed fire burn boss, or manage (i.e., direct personnel and equipment) a prescribed fire operation.

     (c) Under a cooperative agreement, a Service employee may have substantial involvement in certain aspects of prescribed fire projects if they are documented in the notice of award or a signed private lands agreement. These activities include, but are not limited to:

     (i) Participating and collaborating jointly in accordance with their qualifications under a NWCG qualified burn boss and job description with the recipient partner, volunteer, scientist, technician, or other personnel, to carry out the cooperative agreement scope of work for the overall project.

     (ii) Ensuring that prescribed fire plan goals and objectives complement overall conservation goals and objectives for the project.

     (iii) Having decision-making authority to stop prescribed fire plan preparation if anticipated conservation objective outcomes will not be reached.

     (iv) Approving various stages of project development from site prioritization, site selection, and permit compliance.

     (v) Providing cooperative agreement oversight, including post-fire monitoring of burn area response to assess vegetative species richness, burn severity (i.e., scorch heights, tree crown damage, etc.), wildlife diversity, and wildlife use.

     (d) The Service’s substantial involvement in cooperative agreements that include prescribed fire is often limited to overseeing biological elements of the project.

     (e) Under a cooperative agreement, when Service fire management personnel are not writing the prescribed fire plan or implementing it, cooperators planning and conducting the prescribed fire must employ qualified non-Service fire practitioners. These practitioners must comply with existing tribal and state laws that, in turn, require compliance with Federal, state, and local laws. The practitioners do not have to comply with NWCG Federal qualification requirements unless those requirements are in applicable state or local laws.

     (f) A cooperator or its contractor who plans and implements a prescribed fire on non-Service lands must meet state qualification standards, obtain necessary permits and authorizations, notify nearby residents and emergency response agencies about the coming burn, and adhere to smoke management guidelines as identified in the notice of award or private landowner agreement, when applicable. 

     (g) Under a cooperative agreement, for the Service to provide fire management support to entities not NWCG-qualified, we must develop a separate agreement that recognizes the cooperating entity’s fire management qualifications at the local level. The Service’s Regional Fire Management Coordinator is the approving authority for any agreement of this kind. PMS 310-1 says:

            “NWCG recognizes the ability of cooperating agencies at the local level to jointly define and accept each other’s qualifications for prescribed fire." 

     Having a current agreement that recognizes fire management qualifications allows for Service employees to participate in prescribed fire projects where the Service is in a supporting role.

     (h) When the Service manages prescribed fire projects under a cooperative agreement, an “Agency Administrator” must approve implementation. The Regional Director (RD) has this approval authority. The RD may delegate the authority to the Regional or State Coordinator for the Partners Program or Regional Coastal Program Coordinator, or to a Refuge Manager/Refuge Complex Manager or Ecological Services Project Leader, but not to the lead employee in the field. The RD must meet the required elements in the “Management Performance Requirements for Fire Operations” in Chapter 4 of the Redbook and ensure anyone to whom the RD delegates this approval authority completes the required training and is capable of approving the fire plan and completing the Agency Administrator Ignition Authorization Approval Checklist.   

(2) Grant Agreements: The Service must use a grant agreement to provide funds to cover allowable grantee costs when there is no substantial Service involvement in award projects. The Service is not responsible or liable for any damage to property or any injury to people that may arise from, or be incident to, performance or compliance with the grant agreement. Prescribed fire projects conducted by a recipient, or their subrecipient or contractor, on non-Service lands typically fall under the jurisdiction of tribal, state, or local agencies/entities with fire management authority and responsibility.

     (a) The entity carrying out the prescribed fire planning and implementation on non-Service lands under a grant award:

     (i) Must comply with existing Federal, tribal, state, and local laws; and

     (ii) Does not have to comply with NWCG Federal qualifications if the NWCG requirements are not in the affected tribal, state, or local laws.  

     (b) A recipient who plans and implements a prescribed fire project must meet state, tribal, and local qualification standards; obtain all necessary permits and authorizations; notify nearby residents and emergency response agencies about the coming burn; and adhere to smoke management guidelines for prescribed burns as identified in the notice of award or private landowner agreement, when applicable. 

1.8 What are the requirements for reporting prescribed fire accomplishments on non-Service lands?

A. If a Service employee is substantially involved in a cooperative agreement project where a Partners or Coastal Program private landowner agreement has been signed, then the employee or their management must report any prescribed fire accomplishment as a habitat improvement in the Habitat Information Tracking System (HabITS) database.

B. If a grant recipient conducts prescribed fire activities under a grant agreement, or no Partners or Coastal Program private landowner agreement has been signed, then the employees involved may only count the prescribed fire accomplishment as technical help, and enter it into the Strategic Planning Module of the HabITS database.

C. Employees and managers who record prescribed fire accomplishment acres in HabITS must not record or report them as accomplishments in the National Fire Plan Operations and Reporting System (NFPORS).