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.

Agency - Department of Agriculture

Established in 1862, the Department of Agriculture serves all Americans through anti-hunger efforts, stewardship of nearly 200 million acres of national forest and rangelands, and through product safety and conservation efforts. The USDA opens markets for American farmers and ranchers and provides food for needy people around the world.

Office - See Regional Agency Offices.



Program Accomplishments

Not Applicable.

Uses and Use Restrictions

Cooperative Fire Protection Agreements as authorized by statute allow the Forest Service to enter into non-assistance cooperative agreements with defined fire organizations to provide wildland fire protection and to perform approved severity activities.

Wildland fire protection includes, detection, suppression, and prevention, and may also extend to activities such as preparedness, training, wildland fire use, and fuels management.

Agreements authorize coordination among fire organizations for these activities, and document the coordination among the parties, ensuring maximum protection of resources.

Eligibility Requirements

Applicant Eligibility

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.

Beneficiary Eligibility

Forest Service enters into non-assistance cooperative agreements with willing fire organizations for the purpose of cooperation in the performance of wildland fire protection projects and during wildfires, emergencies and/or disasters.

Credentials/Documentation

Non-assistance cooperative agreements under this CFDA description are neither procurements for the direct benefit or use of the Federal government nor are they Federal assistance instruments (i.e., Grant or Cooperative Agreement) where the primary purpose of the relationship is to accomplish a public purpose of support or stimulation. Non-assistance cooperative agreements under this CFDA do not incorporate by reference Federal financial assistance regulations found in 2 CFR Part 200 section A through F, relating to the Uniform Administrative Requirements and Cost Principles, as implemented by USDA regulations 2 CFR Part 400 and do no not incorporate by reference procurement regulations. Cooperative Fire Protection Agreements are exempt from the Federal Grants and Cooperative Agreements Act of 1977 (FGCA) by OMB waiver dated March 4, 1981. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Award Procedures

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. Indirect cost rate documentation and/or evidence may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements (such as Negotiated Indirect Cost Rate Agreement (NICRA) from their cognizant agency).

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Reciprocal Fire Protection Act of May 27, 1955, as amended, 42 U.S.C 1856a.

Range of Approval/Disapproval Time

Not Applicable.

Appeals

Not Applicable.

Renewals

Except for provisions necessary for legal compliance, all elements of the non-assistance cooperative agreement are subject to negotiation and modification. Both parties are expected to negotiate, resolve, and document differences in cost and/or proposed work in writing. Any party may terminate discussions at any time. None of the parties should perform work outside the scope of the existing instrument.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. Matching Requirements: There is a statutory requirement that agreements under this CFDA description are reciprocal between the parties and that parties to the agreement will bring contributions to the collaborative arrangement. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Cooperative Fire Protection Agreements may last up to 5 years. Method of awarding/releasing assistance: quarterly.

Post Assistance Requirements

Reports

No program reports are required.

No cash reports are required.

No progress reports are required.

No expenditure reports are required.

Program, cash, progress, expenditure, and performance reports are not applicable to emergency response.

For non-emergency projects, performance and expenditure reports may be applicable.

Audits

No audits are required for this program.

Records

All related data, information, records and accounts shall be retained for a period of 3 years beyond the date of submission of final financial reports. Financial and programmatic records will be made available to the Forest Service or its designated agent upon request.

Financial Information

Account Identification

12-1115-0-1-302 - Wildland Fire Management.

Obigations

(Salaries) FY 16 Not Available; FY 17 Estimate Not Available; and FY 18 Estimate Not Available

Range and Average of Financial Assistance

No Data Available.

Regulations, Guidelines, and Literature

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

Tim Melchert 1400 Independence Ave, SW, Mailstop 1138 , Washington, District of Columbia 20250 Email: CoopFire_Agreements@fs.fed.us Phone: 208-387-5100

Criteria for Selecting Proposals

Not Applicable.


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