10/28/97 FIRE MANAGEMENT COOPERATIVE AGREEMENT between U. S. FISH AND WILDLIFE SERVICE NORTHEAST REGION and VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION This is a Cooperative Agreement between the U.S. Fish and Wildlife Service, hereinafter referred to as the "Service," and the Virginia Department of Conservation and Recreation, referred to as "DCR." This agreement is entered into under the authority of the Fish and Wildlife Coordination Act of 1934 (16 USC 661), which authorizes the Service to provide assistance on non-Service lands to benefit wildlife and habitat, and the Virginia Natural Area Preserves Act (Code of Virginia 10.1-209 et seq.), which authorizes DCR to cooperate with other agencies in managing real property to maintain and preserve the natural diversity of biological resources of Virginia. This agreement is to facilitate the cooperation of the two parties in the use of prescribed fire to maintain or restore wildlife habitats, ecosystems, and endangered or threatened species on their lands. The agreement provides for the limited interchange of personnel, equipment , information, and funds to obtain this goal. WITNESSETH WHEREAS, DCR's mission is to preserve natural heritage resources, which include the habitats of rare, threatened, and endangered species and rare or exemplary natural communities, by protecting and managing the lands and waters they need to survive; and WHEREAS, the Service's mission is to provide leadership to achieve a national net gain of fish and wildlife and the natural systems which support them; and WHEREAS, DCR is responsible for managing lands dedicated to the Virginia Natural Area Preserve System and the Virginia State Parks System in a manner consistent with continued preservation of the natural heritage resources they support; and WHEREAS, the Service manages several National Wildlife Refuges in Virginia, which contain a diverse array of plants and animals; and WHEREAS, DCR and the Service have expertise in prescribed burning and fire management; and WHEREAS, it will be to the mutual benefit of both parties to combine resources on certain prescribed fire projects. NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows: 1. Personnel and equipment shall be provided by the Service to DCR, or DCR to the Service, as requested. Release of personnel and equipment shall be at the discretion of the affected Refuge Manager or DCR land manager depending on station workload, priorities, and fire danger. Staff and equipment may be used for: a. technical assistance including preparation or review of fire management plans and prescribed burn plans. b. pre-burn preparations including vegetation and fuel load sampling, control line construction and maintenance, environmental monitoring, and fuels manipulation. c. burn implementation including project supervision, ignition, holding, fire behavior and weather monitoring, and mop-up.
d. post-burn monitoring and evaluation. 2. The assisting party will be given an opportunity to assist in the development of individual prescribed burn plans, or review and provide comments to the administering party. The prescribed burn plan will clearly state the individuals to be assigned responsibilities of prescribed burn boss, ignition specialist, holding specialist, and fire behavior and weather specialist. Contingency planning in the event of an escaped fire, smoke management planning, and acceptable fuel and weather conditions will be essential elements of each plan. 3. A chief-of-party will be designated for the assisting party's employees and equipment. The chief-ofparty will work closely with the prescribed burn boss. If the chief-of-party determines that the proposed burn is unsafe or has serious concerns about the advisability of burning, and is unable to reach a satisfactory agreement with the burn boss to rectify the situation, he or she retains the option of withdrawing the assisting party's resources. 4. Normally each party will provide for salary or wage costs of its own employees and operation and maintenance of its own equipment. Provisions for exchange of funds or services not covered under this Agreement shall be outlined in an Attachment to this Agreement and signed by the appropriate state or local representative. 5. Each party shall honor the Prescribed Burn Boss qualification standards of the cooperating party when the cooperator furnishes a Burn Boss. Local Service and DCR cooperators are encouraged to exchange more detailed information on individual Burn Boss qualifications and experience to ensure that appropriate individuals are placed in charge of burn projects. The selected Burn Boss will review the training, experience, and physical fitness of all other burn crew members to ensure that they meet the minimum standards of the party on whose land the burn is conducted. As a minimum, all DCR employees working on Service burn projects will have received S-130 Basic Firefighter and S-190 Introduction to Fire Behavior training. Service employees working on DCR lands will meet the same qualifications standards as when working on Service lands. 6. Service employees working on DCR lands (or on lands dedicated as natural area preserves) will wear the Service-required personal protective equipment consisting of Nomex shirt and trousers, fire-resistant hard hat with chinstrap, leather gloves, 8 inch high leather boots, fire shelter, and individual first aid kit. Goggles and hearing protection will be carried and worn if needed. DCR employees working on Service lands are required to wear the same equipment; items may be loaned by the Service to DCR employees as needed. 7. DCR and the Service will keep each other informed of upcoming training opportunities, and on a space available basis, fire training programs of DCR will be open to Service staff and fire training programs of the Service open to DCR staff. The cost of training will be born by the attendees. 8. All aircraft and pilots used to transport Service personnel or directly controlled by the Service shall be certified by a qualified Office of Aircraft Services inspector prior to Service use. 9. Each of the parties waive all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in the consequence of the performance of this Agreement. 10. It is understood that for the purposes of Federal worker's compensation coverage, employees of the Federal government assisting in prescribed burns on DCR lands or lands of DCR's cooperators are to be considered as employees of the Federal government and not DCR employees. 11. It is understood that for purposes of DCR's worker's compensation coverage, employees of DCR assisting in prescribed burns on Federal lands are to be considered as employees of DCR and not the Federal government.
12. Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Agreement for that fiscal year, or to involve the Service in any contract of other obligation for the further expenditure of money in excess of such appropriations of allocations. 13. In the event of third party claims for property damage, personal injury, or death incurred as a result of cooperative burn operations, each party shall be responsible for burns conducted on lands under its administration. REQUIRED CLAUSES: 1. No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 2. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 200d); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, national origin, handicap, religion, or sex in employment and in providing facilities and services to the public. 3. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States from communicating to Members of Congress on the request of any Member of Congress, through proper official channels, requests for legislations or appropriations which they deem necessary for the efficient conduct of public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him or her, shall be removed from office or employment (18 USC 1913). ENACTMENT AND DURATION: This Agreement will be effective from signature date by both parties and will continue in effect indefinitely. The Agreement will be reviewed periodically and may be amended as needed. The Agreement may be terminated by either party thirty days following written notification to the other party. IN WITNESS WHEREOF, the said parties hereunto subscribe their names US Fish and Wildlife Service Northeast Regional Office 300 Westgate Center Drive Hadley, MA 01035-9589 (Signature) VA Dept. of Conservation and Recreation 203 Governor Street, Suite 302 Richmond, VA 23219 (Signature)