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Cost Share. Cost Share Agreements. Authority and process outlined in cooperative agreement. Authority to negotiate agreement outlined in the parent agreement. Should be fair and be able to stand the red face test!.
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Cost Share Agreements • Authority and process outlined in cooperative agreement. • Authority to negotiate agreement outlined in the parent agreement. • Should be fair and be able to stand the red face test!
Nevada’s wildland fire agencies work collaboratively through our Master Agreement. The agreement assures this effort through the formation of the NEVADA FIRE BOARD OF DIRECTORS.
State Fire Protection Program Vision & Authority • “To protect the citizens, visitors and natural resources of Nevada from unwanted wildfire, through public education, natural resource enhancement, capacity building at the community level, and emergency service delivery” as authorized by “Nevada Laws on Forestry and Fire.” • State fire protection delivery is divided into two categories: • Non-NDF Districted Lands • NDF Fire Protection Districts
NRS 472.040: (a) Supervise or coordinate all forest/woodland and watershed fire control on state- and privately-owned lands, in Nevada, working with federal, county, local governments and private citizens and private associations. (b) Administer all fire control laws in Nevada outside of townsite boundaries. (c) Assist and encourage creating legally constituted fire protection districts where they are needed and offer guidance and advice in their operation. (d) Designate high hazard forest/woodland areas of the state requiring regulations on roofing materials. Reference NRS 472.100 (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials used in the above designated areas. (f) Establish a radio cache within each region for the purpose of emergency response. (g) Grant administration for fire prevention, fire control, and training of fire fighters to fire departments and colleges / universities. NRS 472.041: Enforce Uniform Fire Code (UFC) regarding clearance of vegetation around structures within designated high hazard forest/woodland areas including any land within ½-mile radius surrounding such an area. Reference 472.040 (d) NRS 472.043: Does not reference fire control specifically. However for the purpose of impacts by fire NRS 472.043 does reference maintaining and restoring forest/woodland and watersheds that once accomplished would be fire adaptive healthy ecosystems as referenced in “A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment” and the associated “10-Year Comprehensive Strategy and Implementation Plan.” Non-NDF Districted Lands State Fire Protection Program
NRS 472.050 Allows for Interlocal Contracts between Public Agencies (NRS 277.180) specifically to federal agencies to reimburse each other for emergency response support for protection from fire. NRS 472.060: Allows for Interlocal Contracts between Public Agencies (NRS 277.180) specific to counties and fire protection districts for funding the protection from unwanted wildfire. NRS 472.070: Allows exchange zones specifically to federal agencies and to fund or reimburse each other for protection from fire. Requires an Interlocal Contracts between Public Agencies (NRS 277.180). NRS 472.100: Notice of standards and the enforcement of fire retardant roofing materials in areas designated as high hazard. Reference NRS 472.040 (d) and (e). NRS 472.120: Any landowner within NDF jurisdiction shall eliminate and remove a fire hazard when directed to do so by NDF. Note: * NDF jurisdiction shall constitute those lands outside townsite boundaries and legally constituted fire protection districts. Reference 472.040 (b) and (c).
NDF Fire Protection Districts • NDF performs direct wildland fire suppression and prevention duties for approximately 8.1 million acres of land in the state. Within NDF Fire Protection Districts NDF may carry out the responsibilities as they relate to the prevention and suppression of structure and other fires. Attorney General Opinion No. 265, dated December 13, 1961 clearly addresses the question of the authority of the Division of Forestry in preventing and fighting fires. • The State Forester Firewarden through formal county resolution has the authority to provide protection from structure and other fire. For fires within NDF Fire Protection Districts, the state bears the financial responsibility for all costs resulting from actions taken by NDF in suppressing fires and in minimizing damages to exposed life, property, and natural resource values. • The State Forester Firewarden through formal county resolution has the authority to provide protection from and mitigating non-fire incidents. For emergencies other than fire in NDF jurisdictional Fire Protection Districts, the state bears the financial responsibility for all costs resulting from actions taken by NDF in mitigating the emergency in minimizing damages to exposed life, property, and natural resource values.
NRS 473.020: Provides counties the authority, by petition of the landowner’s to form a fire protection district administered by the State Forester Firewarden for the protection of watershed and forest/woodland. The State Forester Firewarden by assessment and the presence for the need of watershed and forest/woodland protection may establish a fire protection district for certain lands. Lands owned or controlled by the federal government or any agency of the federal government are excluded. Lands within the exterior boundaries of any incorporated city are also excluded from NDF jurisdictional fire protection districts. NRS 473.030 and 473.031: Upon receipt of notice the county commissioners through formal resolution publishes the intent to form the NDF Fire Protection District. NRS 473.032 to 473.036: Establishes, excludes, includes and adjusts the formal boundaries to the fire protection district. NRS 473.034 formally establishes the NDF fire protection district. NRS 473.040: Established the board of directors to the fire protection district. NRS 473.050 and NRS 473.060: Identified the day to day operational funding for the fire protection district. Also reference NRS 472.090, funding requirements of a district coordinator (Fire Protection Officer). NRS 473.065: Allows for activity prohibition or restrictions to be placed during periods that conditions exist that create a high risk of fire. NRS 473.070 to 473.090: Identifies the liability, debt collection and penalty towards unwanted fire within the fire protection district. NRS 473.100: Any landowner within NDF fire protection districts shall eliminate and remove a fire hazard when directed to do so by the board of fire commissioners. NRS 47).2.041: Enforce Uniform Fire Code (UFC) regarding clearance of vegetation around structures within a NDF fire protection district (NRS 473.034
Common Cost Share Methods • Mutual Aid • If an incident exceeds the mutual aid period of 24 hours all resources will be billed retroactively for the full period from the time of initial dispatch. If an incident is less than 24 hours and/or controlled within the 24 hour time period no billing will occur. • Resource type – you pay for your engines and I’ll pay for the crews. • Acres Burned –resources utilized across all direct protection areas are considered equal for the entire fire, % acres burned applied to actual costs. • You-order, you-pay
Cost Share Agreement – Key Elements • Parties to the agreement • Authority for the agreement • Incidents involved – names & numbers • Time period – start and stop • Technical contacts • Approving officials/name & signature • Agreement date • Source used to arrive at costs • Method of cost sharing
Cost Apportionment • Cost Apportionment • Resources tracked in ISuite or Documentation • by protection area • per operational period • % applied to actual costs. • By division or branch (ie structure protection branch)