Cooperative Fire Protection Agreement

To allow reciprocal agreements with fire organizations (as defined in 42 USC 1856) for mutual aid in furnishing fire protection. furthermore, to improve efficiency by facilitating the coordination and exchange of personnel, equipment, supplies, services, and funds among the parties in sustaining wildland fire management activities, such as prevention, preparedness, communication and education, fuels treatment and hazard mitigation, fire planning, response strategies, tactics and alternatives, suppression and post-fire rehabilitation and restoration.

The Forest Service may enter into Cooperative Fire Protection Agreements with a “fire organization.” The term “fire organization” means any governmental entity or public or private corporation or association maintaining fire protection facilities within the United States, its Territories and possessions, and any governmental entity or public or private corporation or association which maintains fire protection facilities in any foreign country in the vicinity of any installation of the United States. The Forest Service is charged with the duty of providing fire protection for any property of the United States and is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection.

Cooperative Fire Protection Agreements are developed in collaboration with defined fire organizations. These are complex agreements that have several components. The agreements require execution of separate operating plans and provide an option to execute supplemental project agreements. Supplemental project agreements must at a minimum provide a description of the project, including methodology and technical specifications; contributions and the responsibilities of the parties; financial plan; the period of performance; and monitoring. Regardless of who initiates discussions, all elements of a project are subject to negotiation. Any party may terminate discussions at any time.
Cooperative Fire Protection Agreements must include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement.

Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party. The U.S Forest Service may only provide reimbursable payments to its cooperators. Cash advances are not allowed due to statutory restrictions. Cooperators that seek reimbursement for indirect costs must have sufficient documentation necessary for allowable reimbursement for such costs.