Interagency Burned Area Emergency Response Handbook
For the Emergency Stabilization of Federal
and Tribal Trust Lands
Version
4.0
July, 2005
July, 2005
Version 4.0
Approved by:
_______________________________________________ Date _________________
Deputy Chief, National Forest System
_______________________________________________ Date _________________
Assistant Secretary, Policy, Management and Budget
Department of the Interior
The purpose of the Interagency Burned Area Emergency Response Handbook (Handbook) is to provide general operational guidance for the Department of Agriculture and the Department of the Interior emergency stabilization activities. It is designed to provide agency administrators and emergency stabilization specialists with sufficient information to:
· Understand emergency stabilization policy, standards, and procedures.
· Assess wildfire damage and develop a cost effective Burned Area Emergency Response (BAER) Plan/Report.
· Assess and report accomplishments.
It consolidates and provides an interagency interpretation of emergency stabilization policies, procedures, objectives, and standards where there is Departmental and agency agreement. Individual agency policy and procedure manual guidance can be more but not less restrictive than that presented in this Handbook.
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4 Emergency
Stabilization Policy Implementation
4.1 Policy, Direction, and Program Coordination
4.5.2 Incident Management
Coordination
5.1 Roles and Responsibilities
5.2 Emergency Stabilization Program Funding
5.3.2 Transition to Resource
Management Activities
5.4 Emergency Stabilization Program Accountability
5.7 Cooperation on Adjacent Lands
5.7.1 Wyden Amendment
(16U.S.C.1011(a)) as modified by Section 136 of P.L. 105-277.
5.7.2 Natural Resources
Conservation Service (NRCS)
5.7.3 Federal Emergency
Management Agency (FEMA)
6.2 Funding Emergency Stabilization Planning
6.3 Review of Current Available Resources and Wildfire Data
6.6 Planning Team Recommendations
6.7 Preparing the BAER Plan/Report
6.9 Transition to Plan Implementation
6.11 Planning of Monitoring and Evaluation
6.11.1 Types of Treatment
Monitoring
7 Emergency
Stabilization Plan Implementation
7.2 Responsibility and Coordination
7.7 Emergency Acquisition Authorities
7.11 Implementation of Monitoring
8 Emergency
Stabilization Standards
8.2.6 Wilderness Study Areas /
Designated Wilderness
8.3.2 Ecological Stabilization
8.3.2.1 Non-native Invasive Plant
Control
8.3.3 Federal Field Unit
Infrastructure
8.3.3.2 HAZMAT and Facility
Assessment and Stabilization
8.3.3.3 Early Warning
Flood/Evacuation System
8.3.8 Threatened and Endangered
Species
4.1 Policy,
Direction, and Program Coordination
Emergency Stabilization and Rehabilitation activities are an integral part of wildfire incidents, but are planned, programmed, and funded separately. Guidance for Burned Area Rehabilitation is found in a separate Interagency Handbook which is currently under development for DOI agencies. Departmental emergency stabilization policies are found in Department of Agriculture (FSM 2523) and Department of the Interior (620DM3) policy documents (See Appendix I). Individual agencies have supplemented this policy as follows (See Appendix II):
·
U.
· Bureau of Indian Affairs (BIA)
· Bureau of Land Management (BLM)
· U.S. Fish and Wildlife Service (FWS)
·
Emergency Stabilization Objectives
To determine the need for and to prescribe and implement emergency treatments to minimize threats to life or property or to stabilize and prevent further unacceptable degradation to natural and cultural resources resulting from the effects of a fire.
Protection Priorities
Protection priorities are:
1) Human life and safety
2) Property and unique or critical biological/cultural resources. If it becomes necessary to prioritize between property and unique or critical biological/cultural resources, this is carried out based on relative values to be protected, commensurate with emergency stabilization costs. All BAER Plan/Reports and actions must reflect these priorities.
Employee and Public Safety Is the First Priority in Every Management Activity. All planning activities must reflect this commitment. Accordingly, planning team members conform to National Wildfire Coordinating Group (NWCG) safety, training, qualification (NWCG-PMS 310-1, Wildland Fire Qualifications), Interagency Standards for Fire and Fire Aviation Operations, and incident business management standards prior to control of the fire.
Development activities need to be closely coordinated with fire fighting activities to avoid conflicts between fire fighting efforts and emergency stabilization planning. Burned area assessments must be coordinated with the Incident Management Team.
A job hazard analysis will be prepared for each incident assessment.
Agency Administrator:
The appropriate level manager having organizational responsibility for management of an administrative unit. For the following agencies, this unit may include:
·
Bureau of Indian Affairs (BIA)
-
Director, Office of Trust Responsibility, Regional
Director, or Superintendent
· Bureau of Land Management (BLM)
- Director, State Director, Regional Forester, District Manager or Field Office Manager
· Fish and Wildlife Service (FWS)
- Director, Regional Director, Complex Manager or Project Leader
·
-
Chief, Regional Forester,
· National Park Service (NPS)
- Director, Regional Director, Park Superintendent, or Unit Manager
Burned Area Emergency Response Plan/Report (BAER
Plan/Report):
This emergency stabilization document specifies treatments required to implement post-wildfire emergency stabilization policies on an individual incident. This plan/report may be programmatic (prepared in advance and applicable to clearly defined types of incidents and situations) or prepared by an interdisciplinary team of specialists during or immediately after the containment of a wildfire.
Burned Area Emergency Response
Team (BAER Team):
A standing or ad hoc group of technical specialists (hydrologists, rangeland management specialists, biologists, soil scientists, etc.) that are assigned to prepare a BAER Plan/Report.
Contained/Containment:
The status of a wildfire suppression action signifying that a control line has been completed around the fire, and any associated spot fires, which can reasonably be expected to stop the fire's spread.
Emergency Stabilization:
Planned actions to stabilize and prevent further unacceptable degradation to minimize threats to life or property resulting from the effects of a fire, critical natural and cultural resources, or to repair/replace/construct physical improvements necessary to prevent degradation of land or resources. Emergency stabilization actions must be taken within one year of fire containment.
Fire Suppression Activity
Damage:
Damage to resources, lands, and facilities resulting from wildfire suppression actions, in contrast to damages resulting from a wildfire.
Fire Use:
The use of wildland fire for resource benefits.
National Burned Area Emergency
Response Coordinators Group (NBAER):
The coordinators consist of a representative from the Department of the Interior (DOI) bureaus (BIA, BLM, FWS, NPS, OWFC), and the USDA Forest Service.
Non-Native Invasive Species:
Species that were not components of pre-European settlement vegetative communities:
· which have been introduced, either deliberately or inadvertently;
· which have the capacity to aggressively invade new habitats, displacing and out‑competing native species, and;
· whose introduction does or is likely to cause economic or environmental harm or harm to human health.
Prescribed Fire:
Any fire ignited by management actions to meet specific objectives which are authorized by a prescribed fire plan.
Prevention:
Actions to avoid an incident, to intervene for the purpose of stopping an incident from occurring, or to mitigate an incident’s effect to protect life and property.
Rehabilitation:
Efforts (non-emergency) undertaken within three years of a wildfire to repair or improve fire-damaged lands which are unlikely to recover to management approved conditions; or to repair or replace minor facilities damaged by fire.
Restoration:
The continuation of rehabilitation beyond the initial three years, or the repair or replacement of major facilities damaged by the fire.
Wildfire Suppression:
All the work of extinguishing or confining a fire beginning with its discovery.
Wildland Fire:
Any non-structure fire that occurs in the wildland. Three distinct types of wildland fire have been defined and include wildfire, wildland fire use, and prescribed fire.
Wildfire – An unplanned and unwanted wildland fire including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to put the fire out.
Wildland Fire Use – The application of the Appropriate Management Response to naturally-ignited wildland fires to accomplish specific resource management objectives in predefined designated areas outlined in Fire Management Plans. Operational management is described in the Implementation Plan (Wildland Fire Implementation Plan (WFIP)).
Prescribed Fire – Any fire ignited by management actions to meet specific objectives which are authorized by a prescribed fire plan.
The Directors of the BIA, BLM, NPS, FWS, and Chief of the USFS are responsible for all emergency stabilization activities and treatments (including such activities when contracted for, in whole or in part, with other agencies or tribes) under the statutes cited in Forest Service Manual 2500 and Department of the Interior 620 Departmental Manual (DM) 3.2.
Coordination of emergency stabilization efforts with the incident management team, federal, state and local agencies, tribes, and private landowners is encouraged to meet program objectives.
Internal/external coordination can be a critical process in the successful implementation and completion of all phases of emergency stabilization. Each fire presents a range of conditions that dictate the need for internal/external coordination efforts. The ability of a unit to very early recognize the need and to determine the level of internal/external coordination required will lead to a smooth transition between burned area assessment and implementation of an approved BAER Plan/Report.
There are several actions that a unit can take that can lead to successful internal/external coordination. It is very important to identify key external agency contacts prior to the fire season, and when possible, hold a preseason meeting to discuss roles and responsibilities. It is essential to acknowledge and understand that each agency has its own authorities related to fire suppression, emergency stabilization, and rehabilitation. It is recommended to review the emergency stabilization and rehabilitation section of the Fire Management Plan. Identifying potential treatments for emergency stabilization within a unit’s Fire Management Plan can speed the process for implementation. Locating suppliers, equipment, storage facilities and identifying seed mixes and implementation personnel will also help and can be in an appendix of an FMP. These policies are often based on laws and regulations and are binding and appropriate within their mission and the jurisdictional areas in which they apply.
Internally, it is also important to meet with all emergency stabilization technical specialists, fire management staff, and other appropriate staff to discuss roles and responsibilities and to clarify areas of disagreement and/or confusion. Early coordination among all individuals involved in the process often prevents conflict at all stages of fire suppression through BAER Plan/Report implementation.
4.5.2 Incident Management Coordination
Most wildfires will not need a BAER Team. However, the agency administrator will assess the need for a BAER Team. It is recommended that the agency administrator assign/request a BAER Team to initiate BAER Plan/Report development before the fire is contained. Early response allows the assessment team to notify and inform key individuals and interested parties, and build productive relationships with the Area Command, the Incident Management Teams (IMT) managing the wildfire, and the agency administrator. This will also help facilitate the implementation of treatments by fire crews, if necessary.
BAER Teams and the Incident Command System (ICS)
The Incident Commander and BAER team both work for a common agency administrator who coordinates tasks and roles of both organizations. The Incident Commander and BAER Team Leader should communicate and coordinate activities. Several Incident Command System functions may provide support for the BAER team such as:
· Logistics Section – expanded dispatch, supply, ordering, etc.
· Finance Section – agency unit finance section (contracting officer)
· Plans Section – GIS and mapping services, Incident Action Plans
· Safety Officer
· Operations Section – suppression impact inventory, suppression rehab specifications, aerial reconnaissance
· Information Officer – news releases, media interviews, public meetings
· Other incident personnel as appropriate
The prompt approval and implementation of BAER Plans/Reports is essential for the protection of life and property. The BAER Plan/Report may or may not be implemented by the same individuals involved in its development. See Chapter 7, Plan Implementation
1. Initial
requests for funding for BAER should be submitted to the Approval Authority
within seven calendar days after total containment of the fire, unless special
arrangements have been negotiated.
2. DOI - Final review and approval of BAER
Plans/Reports should be completed within 6 business days of submission.
FS -
Regional responses (decisions or referral to WO) to BAER requests should be
completed within three business days of receipt.
3. Approved treatments should be installed
before damaging or degrading events are likely to occur and no later than one
year after containment of the fire.
4. Monitoring approved emergency
stabilization treatments can occur for up to three years following fire
containment.
5. Maintenance, repair or replacement of
emergency stabilization treatments can occur for up to three years following
fire containment where failure to do so would imperil watershed functionality
or result in serious loss of downstream values and is funded by the emergency
stabilization program.
6. A final treatment accomplishment report
will be submitted to the Approval Authority within 60 days following the
completion of planned emergency stabilization treatments, or at the latest, 3
years plus 60 days following fire containment.
7. Monitoring reports funded through BAER,
are submitted to the Approval Authority annually as identified in the
monitoring section of the BAER Plan/Report.
8. NFPORS data must be updated at the
completion of a treatment/activity.
5.1 Roles and
Responsibilities
Agency Administrator directs and coordinates all management
operations of an administration unit. This includes developing and implementing
the incident action plan, and the BAER Plan/Report.
Agency National Burned Area Emergency Response (NBAER) Coordinator coordinates
program issues, implementation, training, oversight, sharing of information,
and evaluation as referenced in the NBAER Charter.
Agency/Bureau BAER Coordinator coordinates program issues within their own agency/bureau.
Regional/State BAER Coordinator coordinates program issues within their own regions/states.
Burned Area Emergency Response (BAER) Team assesses the need for emergency stabilization treatments/activities and prepares a BAER Plan/Report for the agency administrator. BAER teams are established to quickly address emergency stabilization issues.
Incident Management Team plans and implements fire suppression activity damage repair (620DM3.10 and FSM 2523.4) for the agency administrator.
5.2 Emergency
Stabilization Program Funding
Funding for emergency stabilization treatments/activities is provided under emergency fire management funding authorities and accounted for in the sub-activity: Emergency Stabilization. See Chapter 8 for appropriate and inappropriate use of the emergency stabilization funds.
Burned Area Rehabilitation is a separate program. Guidance for rehabilitation activities and funding is found in a separate handbook (Interagency Burned Area Rehabilitation Handbook is currently under development for DOI agencies).
Each emergency stabilization project requires the preparation, submittal, and approval of a BAER Plan/Report.
The BAER Plan/Report must be consistent with approved land and resource management plans. Development of the BAER Plan/Report objectives are guided by resource management objectives, general management practices, and constraints identified in approved land and resource management plans.
The emergency nature of the
anticipated post-fire response dictates that the BAER Plan/Report must be
developed expeditiously. The normal planning approach is the use of a local
BAER team to evaluate wildfire damages and prepare the appropriate BAER
Plan/Report. If the complexity of the
plan exceeds the capability of the local unit, or includes multiple agency
ownerships, or on large complex wildfires,
a regional or national team may be used.
The BAER Plan/Report must comply with the National Environmental Policy Act (NEPA) and other environmental laws.
An approved BAER Plan/Report is required before any emergency stabilization funds can be obligated toward implementation. There are instances where emergency stabilization actions may need to begin while developing the plan. Written approval is required for all activities and treatments and will be documented in the final BAER Plan/Report. Funds for emergency stabilization activities cannot be reprogrammed outside those identified in the BAER Plan/Report.
5.3.2
Transition to Resource Management
Activities
Frequently, emergency stabilization treatments/activities initiates a management action that is significantly longer than the emergency funding limitations (e.g. structural emergency stabilization treatments, biotic community stabilization, non-native invasive species control, appropriate livestock and animal management, etc.) The BAER Plan/Report should identify other potential program areas able to accommodate these added long-term management commitments and actions beyond the emergency funding limits. Unless long-term activities are fully integrated into the other program areas, the ultimate success of the activity and the benefits to the resource is seriously jeopardized. This issue may be a consideration of the approving authority in either approving or denying the treatment/activity.
5.4 Emergency
Stabilization Program Accountability
Accountability for the emergency stabilization program lies with each agency’s administrator. Individual agencies establish accountability responsibilities for:
· Plan review and approval/disapproval (resource and funding appropriateness)
· Financial accountability
· Plan implementation
· Plan implementation review and evaluation
· Program review and evaluation
Each treatment/activity is evaluated for implementation, effectiveness and efficiency. These accomplishments are tracked and reported in the National Fire Plan Operations and Reporting System (NFPORS). Significant deviations from treatment specifications or costs as prescribed in the approved plan require a plan amendment. All treatments/activities, including plan amendments, must be completed within one year of fire containment. Fiscal obligations and planning accomplishments are tracked and documented by an Annual Accomplishment Report each fiscal year. A final accomplishment report is required after completion of the BAER project. Any emergency stabilization funds not expended following completion of the plan cannot be used for other purposes.
The approved BAER Plan/Report serves as a financial justification document that can be implemented up to the dollar estimates of each treatment/activity specification. As a plan is amended, funding authorizations or allocations are adjusted. This emphasizes the need to keep financial officers informed of all plan amendments.
To sustain accountability for funding provided, accomplishment reports are to be submitted by the affected agency to the approval authority. NFPORS must be kept current. The annual accomplishment report may cover treatments applied, dollars spent, treatment effectiveness, monitoring results, and an assessment in narrative form of each aspect of the project. The report will be archived, and submitted to the original funding authority. This report is a mandatory requirement for continued treatment effectiveness, monitoring funding and account closure. Approved BAER Plan/Reports, treatment effectiveness reports, and accomplishment reports should be easily available to other agencies/bureaus.
Agreements can be made between agencies for emergency stabilization activities and treatments. Either the incident or the agency contracting personnel may provide the procurement services for implementing BAER Plan/Reports. Procurement of services and equipment for these services should be placed through the fire incident management team’s finance section or agency procurement procedures.
There must be an agreement before any service is performed. Without an agreement, there is no authority to obligate funds for services. If an agreement cannot be executed prior to the start of work, at a minimum there must be a letter of intent signed by the parties involved. Specifications for funding responsibilities should include billing procedures and schedules for payment. Any agreement that extends beyond one fiscal year must be made subject to the availability of funds. Any transfer of federal property must be in accordance with federal property management regulations. All agreements must undergo periodic joint review and, as appropriate, revision.
Agreements obligating emergency stabilization sub-activity funds cannot allow these funds to be expended beyond the one-year time limit following containment of the fire.
The chart below is a synopsis of the three basic agreement types, contract, interagency agreement, and memorandum of agreement.
TYPES OF AGREEMENTS
|
TYPE OF
AGREEMENT |
DEFINITION |
SIGNATORY
AUTHORITY |
REFERENCES |
CONTACT
FOR INFORMATION |
|
Contract |
A mutually binding legal
document obligating the seller to furnish supplies or services (including
construction) and the buyer to pay for them. |
Only warranted Contracting
Officers may award contracts. |
Federal Acquisition
Regulations, 48 CFR; and Department Acquisition Regulation System. |
Respective Headquarters or
regional office Contracting Officer |
|
Interagency Agreement |
An agreement between
Federal Agency(ies)/Bureaus used to reimburse that Agency for goods or
services provided to the providing agency. |
Warranted Contracting
Officers are the only officials who may award Interagency/ Intra-Agency Agreements
in combination with the respective agency administrator. |
Federal Acquisition
Regulations, 48 CFR 17.5; and Department Acquisition Regulation. |
Same as above. |
|
Memorandum of Understanding
(MOU) |
A written agreement between
the agency and another entity(ies) that confirms the use of cooperative
policies or procedures to promote mutual endeavors. |
MOUs are signed by the
Director/Deputy Commissioner or agency administrator. |
Internal Guidance |
Same as above. |
Approved BAER Plan/Reports, treatment effectiveness reports, and accomplishment reports should be shared with other agencies/bureaus. NFPORS is the database of record for accomplishment reporting. For DOI, NFPORS data must be entered in order to receive future emergency stabilization funding.
5.7 Cooperation on
Adjacent Lands
5.7.1 Wyden
Amendment (16U.S.C.1011(a)) as modified by Section 136 of P.L. 105-277.
This law states, in general, appropriations made for the Bureau of Indian
Affairs, Bureau of Land Management, National Park Service, US Fish and Wildlife
Service and USDA Forest Service may be used for the purpose of entering into
cooperative agreements with the heads of other Federal agencies, tribal, State,
and local governments, private and nonprofit entities, and landowners for the
protection, restoration, and enhancement of fish and wildlife habitat and other
resources on public or private land and the reduction of risk from natural
disaster where public safety is threatened that benefit these resources on public
lands within the watershed.
Emergency stabilization funds may be used to enter into cooperative
agreements with Federal, state, tribal, local governments, private nonprofit
entities, and landowners. These agreements shall be entered into for the
protection, restoration, and enhancement of fish and wildlife habitat and other
resources on public or private land and the reduction of risk from natural
disaster where public safety is threatened.
When emergency stabilization funds are used on adjacent lands under the
Wyden Authority, treatments must meet the same criteria for emergency
stabilization appropriateness and timelines as emergency stabilization
treatments accomplished on National Forest System (NFS) or DOI lands. Appropriate cost-sharing protection and
liability agreements should be included in the cooperative agreement with the
land owner. A cooperative
agreement must be signed and in place prior to commencement of any work on
those private or non-federal lands.
5.7.2 Natural
Resources Conservation Service (NRCS)
Large fires often cover both federal and private lands. The NRCS administers the Emergency Watershed Protection (EWP) Program, designed to help landowners respond to a range of natural disasters (e.g. fire, hurricanes, flood, earthquakes, etc.). (PL 81-516 and PL 95-334). When a disaster is declared (by a State Conservationist or the President), non-federal landowners may contact their local NRCS office for information about the EWP program. On large or complex intermingled land ownership patterns non-federal lands may be included in the federal burned area assessment, or NRCS personnel included on the assessment team.
NRCS works through a sponsorship with a unit of state government or a tribal government to provide funding for emergency stabilization treatments on private lands. The EWP program can provide up to 75% of the funding for emergency stabilization treatments with the other 25% coming from the sponsor (in-kind services/cash).
5.7.3 Federal
Emergency Management Agency (FEMA)
FEMA manages programs to assist state, local, and tribal governments as well as individuals before and after a disaster. FEMA is called in to assist when the President declares a disaster. Disasters are "declared" after hurricanes, tornadoes, floods, earthquakes, wildfires or other similar events strike a community. The Governor of the state must ask for assistance from the President before FEMA can respond.
FEMA workers help disaster victims find a place to stay if their homes were damaged or destroyed. FEMA also helps repair homes and works with city officials to fix public buildings that have been damaged.
In a large fire with significant Wildland Urban Interface, BAER Teams should coordinate their activities with FEMA.
The agency administrator is responsible for BAER Plan/Report development which may include assembling an interdisciplinary planning team to conduct burned area assessments and begin plan development. If emergency stabilization actions are anticipated, the BAER team should be assembled and ready to work within sufficient time to complete the BAER Plan/Report to meet agency timelines. BAER Teams can be a standing or ad hoc group of technical specialists that may be local, regional, or national.
The technical specialists represented on the planning team vary according to the complexity of the burned area and the anticipated values at risk. Generally the team should include resource specialists (wildlife, ecology, range, watershed, invasive species, historic properties, etc.) and members knowledgeable about post-fire impacts and effective stabilization techniques. Team size and make-up will vary dependent on the fire size, resources at risk, time frames, and jurisdictions involved. Adding trainees to a BAER project is encouraged.
A team member may represent several skills. The inclusion in the team effort of expertise from cooperating agencies or offices is encouraged, especially when the needed skills are not available within the agency. Access to needed expertise can be obtained through the dispatch system or through contracts. The inclusion of trainees on the team is encouraged.
When a BAER Team is needed to develop a BAER Plan/Report on a complex wildfire or a fire that crosses agency boundaries, a National DOI Interagency BAER team may be resource ordered. Mobilization procedures for the national interagency BAER teams is described in the National Interagency Mobilization Guide and should be followed to ensure rapid, efficient response to an agency administrator's request. The requesting agency will prepare a Delegation of Authority or Letter of Direction for the BAER team to develop and prepare the BAER Plan/Report. Demobilization of dispatched personnel will be through normal dispatch channels and processes.
6.2 Funding
Emergency Stabilization Planning
Emergency stabilization subactivity funds are used to cover BAER planning costs, such as: Base-8 salaries (non-fire funded personnel only), overtime, aerial photography, remote sensing, global positioning system (GPS) work, GIS, private contractors for assessment, and travel for planning team members developing BAER Plan/Reports.
6.3 Review of
Current Available Resources and Wildfire Data
Prior to field inspection of the burned area, the planning team should:
· Review the field unit fire, land, and resource management plans and relevant step-down plans.
· Review all fire suppression operational plans, resource advisor reports, and the Wildland Fire Situation Analysis(es). Suppression plans/actions provide valuable information concerning the relative values the field unit places on individual resources.
· Have all existing relevant resource management data including monitoring studies, inventories (vegetation, cultural, and Threatened and Endangered, including sensitive species), and previously implemented BAER plans.
· Review monitoring studies and vegetation inventories provide valuable information on pre-burn invasive species populations and plant composition that may be useful in deciding what actions may be necessary, or whether natural recovery may preclude the need for intensive treatments.
· Review information on fire history, fire ecology and effects, fire management planning, historic properties, and especially the success or failure of past fire stabilization treatments is essential in developing proposed treatments.
· Review soil surveys which contain important information on characteristics of soils relative to erosion potential, the success of seeding, and the operation of seeding equipment.
· The planning team should review and become familiar with the information contained in the Fire Effects Information System (FEIS) computerized database, the Fire Effects Guide, and other relevant literature, documentation, and expertise. The FEIS is described in Fire Effects Information System: User's Guide, USDA Forest Service General Technical Report INT-GTR-327. It contains information on 900 plant species, 90 animal species, and 25 plant communities. Summaries are updated periodically as new fire ecology information becomes available. The Fire Effects Guide, sponsored by the NWCG, is available from the Publications Management System manager at the National Interagency Fire Center (NIFC) warehouse as NFES 2394. Numerous other technical references should also be consulted and are available on the Internet (the NRCS websites) and other locations to insure that the appropriate techniques and plant species are utilized in planned projects.
· Another source of information about potential species to be used in re-vegetation is the NRCS-USGS Biological Resources Division VegSpec website (http://plants.usda.gov). The VegSpec is a web-based, expert system that aids technical people or managers in making sound decisions on what plants to plant on specific sites. It integrates the Natural Resources Conservation Service (NRCS) soils, plants, and climate databases for plant selection which addresses conservation problems. Other sources of information on vegetation (including the potential for invasion by undesirable species), soils, and site potential (ecological site) should also be reviewed to help determine if seeding is necessary is for the success of the emergency stabilization project.
· Review other relevant available information.
Areas of concern (e.g. wilderness and wilderness study areas, areas of critical environmental importance, erosion hazards, threatened and endangered species habitats, historic properties etc.) should also be identified from field unit records prior to field inspection.
Aerial photographs, GIS layers, and maps are essential tools for the planning team to include on initial fire inspections. Habitat improvements and other agency facilities within the wildfire perimeter are plotted on maps/photos to assist the team in identifying burned structures for reconstruction or replacement consideration.
After the preliminary information has been reviewed and assembled, the planning team conducts one or more field inspections of the burned area to assess damages caused by the fire. This Burned Area Assessment is planned and undertaken in an expeditious manner to insure the completion of any necessary plan within the appropriate time period. Aerial and ground assessments should be coordinated with the Incident Management Team.
Values at risk such as life, property, historic properties, threatened and endangered species, Native American or other cultural values, etc. should also be evaluated for appropriate emergency stabilization action. These evaluations may require coordination with local specialists.
The planning team should evaluate burn severity and predicted watershed response to determine the potential for flooding, debris flows, surface erosion and other related processes, e.g., natural regeneration of vegetation.
An Cost-Risk Analysis that includes the proposed actions, alternatives, and no action alternative proposed for all activities and treatments should also be prepared.
6.6 Planning
Team Recommendations
Upon completion of the burned area field inspections, the planning team reports its initial findings and recommendations and provides an agency administrator briefing. Identification of values at risk and emergency stabilization needs are discussed with the agency administrator. Options for emergency stabilization, potential costs, consultation and cooperation needs, and potential controversies associated with the proposed treatments are presented at this time. The agency administrator accepts, modifies, or rejects the team's recommendations and gives direction to the team whether to proceed with BAER Plan/Report development.
6.7 Preparing the
BAER Plan/Report
In most cases, it is a local BAER team that will prepare the BAER Plan/Report. However if a regional or national team is called in, it is expected that local resources will provide support and assistance in the preparation of the BAER Plan/Report. In preparing the BAER Plan/Report, the team should work with the field unit staff to take the following actions:
· Determine the availability and cost of the treatment or activity supplies (e.g. seed proposed for planting).
· Begin making arrangements for the cultural and threatened and endangered species clearances, including coordinating with agency contracting specialists.
· Determine the availability and make preliminary arrangements for necessary equipment.
· Coordinate with the agency administrator and with affected or interested parties regarding proposed emergency stabilization practices.
· Coordinate with the Regional/State/National Office on complex or controversial emergency stabilization funding issues or technical questions.
Information needed to complete the plan may include:
· Agency review and approvals
· Summary fire narrative and activities and treatments needed
· Fire location and background information
· Type of plan (e.g., initial submission, or amendment)
· Emergency stabilization objectives
· Planning team organization and membership
· Activity and treatment specifications
· Sub-activity funding needs
· Consultations made by the planning team
· Burn area assessments
· Environmental compliance documentation
·
· Maps, photo documentation, supporting documents, etc.
· Monitoring procedures/protocols
Occasionally, because of the urgency to install emergency stabilization treatments, funding may be approved prior to BAER Plan/Report preparation. In these instances a funding request may be made to initiate funding. This may be accomplished by Agency form or a memorandum. The BIA, BLM, and USFS have developed forms/reports for this purpose.
The planning team completes the plan and obtains an initial review from policy, technical, or other interested parties prior to the submission of the plan to the agency administrator. If problems are defined, they should be worked out before the plan is submitted for approval. The agency administrator is responsible for submitting the BAER Plan/Report to the appropriate approving official for final approval.
The agency administrator, planning team, or approving official are encouraged to request input from the State, Regional and/or National Office staffs on any BAER Plan/Report. The use of electronic means of transmitting plans is encouraged.
6.9 Transition
to Plan Implementation
Ideally, BAER Plan/Report development personnel are the same people assigned to implementation. The implementation team leader should be involved in the planning effort. The planning effort is normally done during or immediately after the fire suppression effort. Implementation efforts may be initiated during this same time period, but may continue up to one year following containment of the fire.
With regional/national teams, planning and implementation personnel may be different (e.g., standing BAER team completes the planning and the local unit personnel completes the implementation of approved treatments). In this case it is important to prepare a transition memo (from the planning team to the affected agency administrator(s)) with implementation recommendations, and all BAER Plan/Report file(s). These measures should help to ensure a clean, organized transition from planning to implementation. It is also important that the departing planning team conduct a close-out and transition meeting with the affected agencies to discuss the findings of the burned area assessments, treatment proposals and other mitigation measures, and approval and funding procedures. This transition meeting should include the following key transition individuals: agency administrator, planning team leader, implementation team leader, and administrative/procurement officer. The planning team may be contacted by implementation personnel to explain specific aspects of the plan.
For the first year following fire containment the plan/report can be amended, if the initial burned area assessment(s) were incomplete or new information shows that the BAER Plan/Report may not accomplish its objectives. Maintenance, repair or replacement of emergency stabilization treatments can occur for up to three years following fire containment. The plan/report can be amended for maintenance, repair or replacement of emergency stabilization structures or other treatments where failure to do so would imperil watershed functionality or result in serious loss of downstream values. Maintenance, repair or replacement of emergency stabilization treatments can be funded from emergency stabilization funds for up to three years following containment of the fire.
The appropriate plan template is also used to amend the plan. Amending a BAER Plan/Report requires adjusting the appropriate individual resource assessment and providing new information to justify the change, adding, and/or deleting one or more individual treatments/activities. Also, the appropriate treatment/activity must be amended. Plan amendments can be made at any time. All treatments/activities, including plan amendments, must be completed within one year of fire containment.
6.11 Planning of
Monitoring and Evaluation
BAER Plans/Reports must include provisions for monitoring and evaluation of treatments and techniques.
Monitoring and evaluation of post-fire treatments are critical for understanding and improving such treatments. The objectives of monitoring are:
· To verify the implementation of emergency stabilization treatments;
· Determine if plan objectives were met;
· Adapt current and future plans.
Those treatments that have been identified for effectiveness monitoring, must have monitoring provisions and procedures specified. Procedures for collecting, archiving and disseminating results are also necessary.
The monitoring specification should document the suggested monitoring protocol, personnel/equipment needed, and the necessary funding to carry out the monitoring over the recommended timeframe.
6.11.1 Types of Treatment Monitoring
The monitoring types determine:
Treatment Implementation - This type of monitoring assesses whether treatments were carried out as planned. Typically this is done as an administrative review or contract administration and does not involve scientific measurements. This qualitative process should be used during and shortly after the implementation phase to simply determine whether or not additional work needs to be done to bring various applications up to planned standards. A plan amendment may be necessary based on results from implementation monitoring.
Treatment Need - Monitoring may be needed to determine if a treatment is needed (e.g., invasive species control). In this case the treatment specification must include a threshold level where the treatment is initiated (e.g., presence of Canada thistle, 3 percent cover of cheatgrass, etc.) and the management action is undertaken (e.g., mechanical removal, broadcast application of a pesticide, etc).
Treatment Effectiveness - Effectiveness monitoring is used to evaluate whether the installed treatment had the desired effect. This information is used to adapt management treatments and activities for the current and future projects to increase effectiveness.
The purpose of this section is to provide a uniform implementation process for implementation teams. This uniform process should increase efficiency during the implementation process.
Actions to implement emergency stabilization treatments should begin immediately upon plan approval. Implementation should begin as soon as necessary to complete the treatment prior to the rainy season, onset of winter, weather, or other shutdowns. Potential delays or issues should be addressed early in the implementation process to facilitate completion of treatments at the proper time to insure maximum probability of success. Implementation complexity increases dramatically in situations where a wildfire has burned across property boundaries.
7.2 Responsibility and Coordination
Unlike the planning effort, which is often done by a single interagency team, each affected agency identified in the BAER Plan/Report must assume the overall responsibility for the implementation of treatments on its lands. Private, state, county, and city lands are typically coordinated by the Natural Resources Conservation Service (NRCS) through the Emergency Watershed Program (EWP). Whenever possible, treatment implementation should be coordinated across agency lines by "piggy-backing" on existing contracts, sharing contracting officer’s representative (COR) responsibilities, etc. Cooperation between agencies charged with the implementation of similar or identical treatments within the same fire perimeter is not only possible, but is highly encouraged as an opportunity for real cost savings and management efficiency.
A project implementation leader must be assigned to assure all plan treatments/activities are completed on time and according to the specification. Depending on the complexity of the plan, this may be a collateral or full time duty. The project implementation leader's duties may include:
·
Supervising plan and individual treatment
specification preparation and implementation
·
Equipment and supply procurement
·
Ensuring contract
administration
·
Coordination with region/state/national
coordinator
·
Implementation monitoring
·
Accomplishment Reports (annual, final)
·
National Fire Plan Operating & Reporting
System documentation
Treatments must conform to federal procurement laws, rules and regulations and agency and Departmental manuals. The approved emergency stabilization spending authority is issued for the period up to one year following containment of the wildfire. After submission of the final accomplishment report or the emergency stabilization funding time limit lapses (whichever comes first), appropriate emergency stabilization obligations cease and unspent funding authority is withdrawn. Accurate actual cost accounting records of expenditures must be kept by fiscal year in the accomplishment report.
Complex, long-term projects on large fires may require a formal Implementation Plan. This plan may include: organizational chart, communications plan, safety plan, priority treatment implementation, responsibilities, etc.
Monthly expenditure registers, providing detailed itemization of paid, obligated and estimated expenditures, are the official financial records used for accounting. Agency specific cost tracking processes are used to accurately track expenditures. The complexity of the project dictates the complexity of the cost tracking system. Some factors to consider include:
· The use of Fire codes within the overall account number to track funding appropriated and spent for each specification found in the plan is useful for tracking expenditures.
· Non-agency implementation team members are covered by an agency reimbursement authorization for salary, travel and per diem expenses issued by the host agency. The affected agency must establish reimbursable account codes, as needed. This is exclusive of the agencies covered in the National Fire Agreement.
·
An Implementation Cost Unit Leader or
Incident Business Advisor should be a team member on complex projects involving
multiple funding sources or agencies/bureaus.
Accurate and up-to-date records of estimated and actual expenditures must be kept. Projects should be structured in order to reduce the local administrative unit record keeping. Project records are kept at the local administrative unit and available for review and audit.
The implementation team leader is responsible for identifying procurement needs to the administrative officer and agency administrator early in the implementation phase. The Agency Administrator is responsible for providing procurement services. The implementation team leader and local administrative staff are responsible for establishing and maintaining effective working relationships.
7.7 Emergency
Acquisition Authorities
The Federal Acquisition Regulations, which apply to procurements accomplished in support of BAER actives, are the same regulations that apply to procurements accomplished to support fire suppression activities. Both suppression and BAER are supported by the same wildfire incident mobilization, resource availability, and incident business management procedures as other aspects of the incident. However, the BAER projects generally allow time to plan and accomplish the acquisitions, because the emergency stabilization measures are needed before damaging or degrading events are likely to occur.
Using the authorities listed below, agencies may be able to shorten advertising time, limit the amount of competition obtained, and in extreme cases, not obtain competition. The important thing to note is that the agencies “shall request offers from as many potential sources as is practicable under the circumstances.” For example, if a seeding job is prescribed and it is currently October and seeding must start within a week, the agency would probably only be able to solicit a few offers. If a fire occurs in June, and seeding is prescribed, but it won’t need to be done until September or October, the agency would need to obtain full and open competition, since it has the time to do so.
Controlling costs is very important for both fire suppression and BAER work. One additional significant difference is that agencies seldom have a funding limitation placed on them for fire suppression; however, the funding for BAER is limited to that approved in the BAER Plan/Report and may not exceed the approved funding. It is the government’s policy to obtain fair and open competition to ensure the best deal can be obtained and that agencies are spending the taxpayer’s money wisely. When obtaining competition, always consider price as well as other factors such as past performance, experience, quality, etc. Following are some of the competition thresholds listed in the Federal Acquisition Regulations:
· Acquisitions under $2,500 – We don’t need to obtain competition, but should do so if necessary to ensure we are receiving a reasonable price.
· Acquisitions $2,500 to $25,000 – Competition should be obtained to the maximum extent practicable. Normally, a minimum of three quotes should be obtained. The number of quotes obtained is dependent on the nature of the supplies and services being obtained. If competition is not obtained, the file must be documented with the reasons.
· Generally, all acquisitions over $25,000 must be advertised and we must obtain full and open competition. Acquisitions over $100,000 must be published 15 days before the issue date of the solicitations, and the advertisement time must be at least 30 days. We do have a number of exceptions to these advertising requirements. The authority used during fires is the following:
- FAR 5.202 (a)(2) – The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures. If unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203;
- FAR6.302-2 – Unusual and compelling urgency. –
(a) Authority
(1) Citations: 10 U.S.C. 2304 (c)(2) or 41 U.S.C. 253(c)(2).
(2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.
(b) Application. This authority applies in those situations where -
(1) An unusual and compelling urgency precludes full and open competition; and
(2) Delay in award of a contract would result in serious injury, financial or other, to the Government.
(c) Limitations.
(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition.
(2) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.
Agencies are required to prepare justifications for the file whenever they do not obtain the maximum competition required. If preparation of the justification would unreasonable delay the acquisition, the justifications may be prepared and approved after contract award. It is the responsibility of technical and contracting personnel to work together to provide, and certify as accurate and complete, necessary data to support their recommendations for other than full and open competition. Specific information required for justifications may be obtained in Part 6.303-2 of the Federal Acquisition Regulations through the units contracting officer.
Justification may be on an individual or class basis. In years when there are a large number of fires, justifications have been prepared on a class basis. The approval for the justification is dependent on the total dollars involved.
(Added
note: Who the approving official would be varies by Agency and dollar
amount. The local contracting officer
would be able to advise).
National Fire Plan "Contracting and Assistance" is available on an interagency basis. (See National Fire Plan website: www.fireplan.gov).
For every treatment/activity installed through a contract, it is necessary to inspect the work completed. The inspection should verify that the work was completed according to the contract specifications. Contractors cannot be issued final payment until the inspection is completed and the work is acceptable and in compliance with contract specifications.
Administrative units should anticipate (programmatic planning) and arrange for supplies, equipment, and services normally required for emergency stabilization work before the fire season. These arrangements include blanket purchase agreements, open-end contracts, emergency equipment rental agreements, and so forth. Such arrangements may be done in conjunction with fire management activities.
(See NWCG Interagency Incident Business Management Handbook).
Some treatments/activities may require periodic maintenance to ensure continuous and effective functioning and to protect the financial investment in the treatment. Adequate maintenance must be provided until the conditions specified in the plan are met and the treatment measures are no longer needed. Structures used in emergency stabilization may be removed rather than maintained or replaced after they have outlived their design life and after the objectives in the plan are met.
Maintenance and removal of structures are funded through the emergency stabilization program for up to three years after containment of the fire. If this removal occurs after the three year funding period, removal costs must be programmed and charged to the appropriate agency base funding account.
7.11 Implementation
of Monitoring
The Annual Accomplishment Report contains information on monitoring progress/results and is required in order to continue to receive funding to monitor for an additional year.
Effective monitoring methods should be used (Fuel and Fire Effects Monitoring Guide, or other accepted monitoring protocols). Cooperative efforts in monitoring the results of emergency stabilization projects are encouraged; these efforts could be with research organizations, neighboring offices, agencies, or universities.
Monitoring information and results should be retained in a central location in at least one permanent retention file. Information gained in monitoring is strongly encouraged to be shared through websites, professional papers, technical bulletins, symposia, workshops, training, and so forth.
To provide for accountability for funding approved, a standardized, final accomplishment report must be filed with the approving official. The submission of the Final Accomplishment Report effectively closes out the emergency stabilization portion of the project.
The agency administrator reports accomplishments on projects and tracks expenditures of funds under the emergency funding authority. The agency administrator is also responsible for entering data into the National Fire Plan Operations and Reporting System (NFPORS).
The Final Accomplishment Report is a complete statement of what activities and treatments were actually completed. This report should contain: what corrective measures were taken to correct what didn’t work as planned. The information to be documented in the final report should include:
· The original specification and subsequent submissions
· What was actually done (final treatment maps)
· Funding requested: approved, disapproved, modified
· Completion date of the treatment (s)
· Projected follow-up and the funding source
·
Assessments for each of the resources affected, e.g., cultural,
forestry, vegetation, soil and watershed, etc.
Emergency stabilization treatments/activities are intended to protect public safety and stabilize and prevent further degradation to affected natural and cultural resources. These treatments/activities are in accordance with approved management plans and applicable agency policy, standards, and all relevant federal, state, and local laws and regulations. Emergency stabilization sub-activity funds can only be used for burned area assessments, BAER Plan/Report development and implementation on agency lands within the perimeter of the fire or potential impact area downstream from the burned area. The cost of emergency stabilization treatment(s) will be commensurate with the values at risk.
All fire
funded personnel (except hazard fuels) will fund their base 8 hours from their
base funding when working on fire suppression activity damage or emergency
stabilization activities.
All
non-fire funded and hazard fuels personnel may charge their base 8 hours to
emergency stabilization accounts when performing those work activities.
All
emergency stabilization funded personnel will charge their base 8 hours to
their base funding and will not charge their base 8 hours to a specific project
account.
Fire and non-fire funded personnel
overtime hours will be charged to the emergency stabilization sub-activity.
For
further information on overtime, hazard pay, and other personnel funding issues
see Interagency Incident
Business Management Handbook.
Emergency stabilization funding for cadastral survey activities is only provided if the information is needed for BAER Plan/Report development and implementation. Project areas have cadastral survey work done with emergency stabilization funds only where land ownership adjacent to proposed emergency stabilization treatments is in question—not to answer long-standing, large-scale ownership questions. Any survey monuments must be located and flagged for avoidance prior to any surface disturbing activity that could result in damage to or destruction of the survey monument.
Experimental technology (equipment, plant materials, etc.) is not funded with emergency stabilization funding. Research projects are coordinated through the local agency administrator and may be funded through the Joint Fire Science Program or other funding sources.
Emergency stabilization will only apply to that part of a prescribed fire that occurred after the declaration as a wild fire or after resource damage occurs and triggers a Wildland Fire Situation Analysis (wildland fire use). All wildland fires that escape approved management actions are managed in accordance with decisions in a WFSA. Emergency stabilization cost estimates are to be included in the cost analysis portion of the WFSA.
Post-fire fuel management activities that are designed to address a fuels issue and not site stabilization are not appropriate for emergency stabilization funding. Any alternative plant species seeded to create a fire resistant vegetative fuel break (green strip) in conjunction with a stabilization seeding that increases emergency stabilization treatment costs are paid by the benefiting activity (for example, agency fuel management sub-activity).
8.2.5 Legal
Mandate Compliance
Emergency stabilization activities must comply with all legal mandates including but not limited to: National Environmental Policy Act, Endangered Species Act, Clean Water Act, and the National Historic Preservation Act.
Certain emergency stabilization treatments are regulated under the Clean Water Act. The placement of earthen dams and/or straw bale or rock check-dams in stream channels may have impacts to aquatic resources and thus require authorization under Sections 404 and 401 of the Clean Water Act. The USDA Forest Service and DOI have received a general permit for emergency stabilization. Emergency stabilization activities, such as the installation of straw bale check-dams, rock dams, culverts, and other measures intended to stabilize ground cover and slow the rate of soil erosion in perennial and intermittent stream channels, wetlands, and other waters, require notification to the local Corps of Engineers District Office.
The Corps of Engineers may require modifications to emergency stabilization treatments to ensure that the environmental impacts to stream channels or wetlands are minimal. In the unusual circumstances that adverse impacts of the proposed activities are more than minimal, the Corps should notify the applicant that an individual permit is required. Examples of certain emergency stabilization activities authorized by General Permit 37 include:
● placing rocks in a stream channel to create a check dam.
● discharging of fill material into stream channels or wetlands where roads or trails are being stabilized.
● installing a larger culvert to accommodate increased flow in a stream channel; however, cleaning sediment-clogged culverts where that material is not discharged into the waterway would not require notification or permitting.
Section 401 of the Clean Water Act allows State and Tribal governments to review and approve or deny Federal permits and licenses that might result in a discharge to State or Tribal waters. States or Tribes make these decisions primarily by evaluating how the activity affects their water quality standards and water-dependent resources, including salmonids. Activities in the emergency stabilization program requiring Section 404 authorization must receive certification from the State that an activity meets its water quality standards.
8.2.6 Wilderness Study Areas / Designated
Wilderness
For agencies with Wilderness Study Areas and/or designated Wilderness the appropriate approved management plan and agency policy shall be followed.
8.2.7 Wildlfire Suppression
Activity Damage Repair
Suppression activity damage repairs are the responsibility of the incident commander and should be funded using Suppression Operations funds (suppression account). This work should be completed by the incident management team prior to final demobilization of the suppression forces whenever practical. However, it may be more cost-effective and practical to delay some repairs to improve the chance of success. The suppression account should remain open after the containment of the fire until all fire suppression activity damage repairs are completed, because emergency stabilization funding cannot be used to pay for suppression activity damage repair. It is the responsibility of the agency administrator to ensure suppression activity damage repair.
8.2.8 Wildlife
Wildlife populations may continue to degrade unburned areas in and adjacent to the burned area, and may have a major affect on the success of emergency stabilization treatments. Agreements with the appropriate wildlife management agencies (if needed) should be developed before the emergency stabilization treatments are implemented, prescribing how wildlife is managed. The BAER Plan/Report should identify what measures are needed to prevent further burned area degradation from wildlife use, and treatment specifications should address timely implementation. If wildlife control techniques are not installed before next season's green-up, a majority of the animal damage will have occurred. By green-up, there will probably be enough forage in the burned area to prevent any concentrated damage in the unburned area, and treatment after green-up would not be cost effective.
Treatments to mitigate the loss of wildlife habitat are not appropriate for emergency stabilization funding except to prevent permanent impairment of designated critical habitat for federal, state listed, proposed or candidate threatened and endangered species. See also Threatened and Endangered Species (See 8.3.8).
The objectives of cultural resource activities and treatments funded under emergency stabilization are to stabilize and protect archeological sites, cultural landscapes, traditional cultural properties, cultural values, and historic structures from further post-fire degradation, and to ensure emergency stabilization treatments conform to Section 106 of the National Historic Preservation Act (NHPA).
Site Stabilization and Protection
It is appropriate to use emergency stabilization funding to determine whether known historic properties are at risk of further resource degradation as a result of the fire. Systematic inventories, assessments of the cultural resource damage caused by the fire, and site recovery are not appropriate for emergency stabilization funding.
Incidental discovery of unknown cultural resource sites should be noted. Stabilization treatments of both known and incidentally discovered sites are eligible for emergency stabilization funding. Patrolling and camouflaging necessary for cultural resource protection is appropriate for emergency stabilization funding. Attention should be given to whether the need is for public awareness contacts or actual law enforcement.
NHPA Clearance
Emergency stabilization treatments that disturb the soil surface are reviewed for potential effects on significant cultural resources. The appropriate agency cultural resource specialist should become involved in treatment planning as early as possible to determine if assessment, protection measures, and consultation with Native American tribes and other parties are required prior to treatment. This early coordination is especially important.
Efforts must be made to address the clearance questions in a timely and cost-effective manner early in plan development. Cultural clearance activities are covered by emergency stabilization funding.
Treatments evaluated as No Historic Property (no historic properties present), or as actions permitted under an existing agency programmatic agreement (PA) or memorandum of agreement (MOA) can be undertaken without further State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) consultation. Treatments with no adverse effect can be undertaken after appropriate consultation with SHPO or THPO. Treatments with adverse effect should be addressed by the agency cultural resource coordinator.
8.3.2 Ecological
Stabilization
Emergency stabilization funds can be used to control non-native invasive plants within burned areas when it can be documented that they may quickly invade and can out-compete emergency stabilization seedings or reestablishment of native vegetation. Any plant control actions must comply with existing approved land management plans. Treatments/activities may include integrated chemical, biological, mechanical, cultural and/or physical treatment methods, as well as post-fire detection and monitoring. Treatments for non-native invasive plant control and periodic detection can be funded until the end of one year following containment of the fire. All treatments must conform to agency specific policy. Control of invasive species also complies with Executive Order 13112, Invasive Species which promotes the control of invasives to minimize their impact.
Emergency stabilization funds can be used to treat non-native invasive plants if an existing program and/or approved land management plan is in place to treat non-native invasive plants. Emergency stabilization funds can also be used to treat non-native invasive plants when they pose a threat to Threatened and Endangered plant and animal species.
When there is no existing program and/or approved land management plan in place then other funds must be used to treat non-native invasive plants.
Integrated
IPM methods can be used to protect emergency stabilization treatments/activities. For example, applying an insecticide to protect a seeding treatment against grasshoppers is acceptable.
The re-vegetation of grasses, forbs, and shrubs to prevent the establishment or reestablishment of non-native invasive species is an appropriate integrated pest management treatment.
8.3.2.2 Livestock, Wild Horse, and
Burro Management
Exclusion of livestock is critical for the recovery of burned vegetation or establishment and maintenance of new seedings. Livestock, wild horse, and burro grazing should not be permitted until stabilization objectives have been met.
Recovery/Establishment Period – Re-vegetated and recovering areas should be closed to livestock grazing to promote recovery of burned perennial plants and/or facilitate the establishment of seeded species. An assessment is needed to determine whether additional livestock exclusion is required to meet emergency stabilization objectives. Livestock permittees must be informed of the closure early during the plan preparation process, and livestock closures should be made a condition or term on the grazing license or permit.
Grazing Management
Wild horses and burros may need to be excluded from treatment areas. Emergency stabilization funds may be used for fencing or relocation (both actions must be consistent with approved land management plans and agency wild horse and burro policy) until the area recovers. Exclusion or relocation must occur before the animals can damage the remaining vegetation.
Pasture or allotment closure may be a viable alternative in lieu of fencing. For example, if 80% of an allotment, or pasture, is burned, it may be more cost-effective to close the grazing unit rather than fencing the burned area to allow 20% of the unit's former grazing capacity to be used.
Minimal protective fences may be constructed with emergency stabilization funds (consistent with agency policy) to protect burned areas from grazing during the recovery period for burned vegetation or the establishment period for new seedings. Protection fences should be placed to the minimum degree required, considering topography, rock outcrops, soils, existing fences, to protect treatments or values at risk. If feasible, fence materials should be reused on new emergency stabilization projects after the protection period is over.
Fencing that exceeds the amount required to protect treatments or values at risk should be funded with a separate benefiting account. The fencing of private land to keep privately owned livestock off adjacent burned public lands is the responsibility of the private land owner(s). Therefore, emergency stabilization funds are not to be used to fence the private/public land boundary unless state laws (such as those pertaining to herd districts) are in effect.
Cattle guards, gates, and warning signs may be installed on county, agency, or state roads, highways, and areas of high recreation use as long as this activity is coordinated. Gates may be installed with emergency stabilization funds on lightly traveled roads and two-track trails. Any cattle guard installed in conjunction with a protection fence and removed with emergency stabilization funds must be used on future emergency stabilization projects.
Removal of temporary fencing using emergency stabilization funds must be accomplished within the three year funding cycle. If the fencing is needed beyond three years then maintenance and/or removal of the fencing must use other funds.
8.3.2.3 Re-vegetation
It is essential that the potential for recovery of native or seeded vegetation and invasion by weeds be evaluated prior to making a decision whether to seed a burned area. Re-vegetation of burned areas is not an appropriate use of emergency stabilization funds if natural regeneration will result in a vegetation type that meets emergency stabilization objectives.
Planting of seed or seedlings, for emergency stabilization in a burned area is an appropriate treatment if seeding or planting of shrubs, forbs, grasses, and trees:
· stabilizes the site and minimizes water or wind erosion;
· reduces the invasion of non-native invasive plants;
· prevents critical habitat for federal listed threatened or endangered species from being more impaired than if nothing was done; and
· is prescribed to be effective within two growing seasons.
The use of pesticides must be identified in an existing approved management plan. A site preparation using a pesticide application on burned land may be funded with emergency stabilization funds for re-vegetation treatments. See section 8.3.2.1. The potential for invasive non-native plant invasion is considered in developing the seed prescription.
Native versus Non-native Plants: Species planted on burned areas must provide the protection required by BAER Plan/Report objectives, be consistent with the appropriate approved land management plan, and be in compliance with Executive Order 13112, Invasive Species, February 3, 1999.
· Non-native seed is appropriate as allowed in agency policy.
Use of native species is preferred to the use of non-natives for emergency stabilization treatments. However, a mixture of native and non-native species is preferable to using only non-natives if all the desired natives are not available, and if the use of non-natives is consistent with approved land management plans.
Competitive non-natives should be minimized in the seed mixture to facilitate the establishment and persistence of the native species.
Testing of Seed
and Vegetative Material: All seed is
tested to insure compliance with the
Tetrazolium tests, performed by state seed laboratories, may be used on shrub seeds and for species where dormant or hard seeds are common. Tetrazolium tests may also be authorized by the agency when seed laboratories do not have enough lead time to use a full germination test.
The use of certified seed is required (if available) to insure that desired genetic traits are present. The use of source-identified seed is recommended when native seed is collected from wildland sites to insure that a local or otherwise adapted seed source is used to re-vegetate the burned area.
Straw and other vegetative mulch materials (rice hulls) should be purchased as certified weed-free by a State agricultural agency or should be sampled and tested for noxious weeds prior to use.
8.3.2.4
8.3.3 Federal
Field Unit Infrastructure
The emergency stabilization of improvements and minor facilities burned or damaged by fire is appropriate only for public health and safety.
A visual inspection for hazardous conditions/materials and structural integrity of facilities affected by fire is required prior to their being reopened or made accessible to the public. Appropriate inspections are conducted by a qualified technical specialist. A written condition assessment (including hazardous materials - HAZMAT) of each affected structure is submitted as part of the approved BAER Plan/Report. Emergency stabilization funds are not to be used to develop reconstruction or repair plans, or to initiate or complete any of the work outlined in these documents. For safety purposes, safety measures required to block public access to damaged structures may be funded by emergency stabilization funds.
Hazardous materials discovered during field assessments may be secured with emergency stabilization funds. Hazardous material removal and mitigation are funded with other program funds.
Early warning systems rain gauges, or satellite driven systems are often necessary to monitor rainfall amounts and intensity in moderate to high intensity burns in immediate proximity to values at risk (highways, structures, etc.). Using emergency stabilization funds, the initial installation must be done within one year and maintenance can be funded for 3 years following containment of the fire. Continued operation and maintenance after that time must be funded with other funds. Any hardware that is purchased as a result of these activities should be cached for reuse on other incidents.
The local emergency action agency is responsible for public evacuation planning, public notification, and evacuation on non-federal lands. Coordination between federal, state, and local agencies is essential.
For protective fencing relating to livestock
see 8.3.2.2.
Protective fencing is allowed for emergency
stabilization funding to protect installed treatments and for the health and
safety of agency personnel and the public.
Boundary fencing, in and of itself, is not allowed
for emergency stabilization funding.
Vault/pit toilets that pose a health or safety risk can be stabilized or closed to the public using emergency stabilization funds to protect human health and public safety
Public Safety: Law enforcement necessary for protection of public safety should be accomplished within existing capability and funding authority, or by shifting priorities, not by using emergency stabilization funds. See also 8.3.7.1.
Road, Trail, and Safety Signs: Signs necessary to close trails, warn of pending floods, promote public safety, or otherwise assist with emergency stabilization actions (directional, road, danger signs, etc.) may be procured, installed, maintained, and removed (within 3 years following containment of the fire) using emergency stabilization funds.
Tree Hazards: Hazard tree mitigation can be funded to protect life and property in developed public use areas. Trees to be felled must have been killed or damaged by the fire and must display an overall hazard rating of five in accordance with a Tree Hazard Rating System. Trees damaged by fire suppression actions and deemed hazardous must be removed under fire suppression accounts.
The costs for cutting trees destroyed by fire where they are a danger to the public is appropriate, as is the use of trees in contour felling to reduce the possibility or amount of erosion.
Timber Salvage: Timber salvage is not authorized with emergency stabilization funding. A detailed timber salvage assessment and the costs associated with the actual salvage sale (e.g., timber inventory, contract preparation, etc.) cannot be charged to the emergency stabilization sub-activity.
Sanitation: The removal of all trash resulting from emergency stabilization activities shall be funded by emergency stabilization funds.
Trail Stabilization: Trails are closed and only stabilized if trail closure is not possible. The emergency stabilization of any trail to a standard above its pre-fire condition is also prohibited. Appropriate trail stabilization measures which are funded with emergency stabilization funds include:
· Trail Slopes - Stabilization of burned slopes in immediate proximity above and below the trail to prevent further trail degradation.
· Waterbars (breaks) - The absence of or insufficient waterbars may create erosion induced safety hazards. Construction of the soil, rock or log waterbars is appropriate, but waterbars damaged or destroyed as a result of suppression efforts are repaired and/or replaced with fire suppression funding.
· Foot Bridges – Repair or replacement of burned foot bridges on trails cannot be charged to emergency stabilization funds.
Monitoring intensity should be commensurate with the complexity of the emergency stabilization treatments, level of concern or controversy associated with the emergency stabilization treatment.
Emergency stabilization funds for monitoring are limited to:
Treatment Implementation: It is appropriate to determine if the treatment was implemented according to plan specifications.
Treatment Need: It is appropriate to monitor, for example, non-native invasive plant populations for the purpose of determining if some threshold level is reached triggering a specific cost-effective treatment. If monitoring is to be conducted to determine if a treatment is needed (such as invasive species control), the treatment specification must include a threshold level where the treatment is initiated (e.g. presence of Canada thistle, 10 percent cover of cheat grass, etc.) and a practical, cost-effective management action to be undertaken (mechanical removal, broadcast herbicide application, etc.). It is not appropriate to monitor, for example, non-native invasive plant populations to assess fire effects if there is no cost effective remedy, or if the treatment cannot be completed within one year of fire containment.
Treatment Effectiveness: It is appropriate to monitor whether a treatment achieved its objective (e.g. whether willow and cottonwood trees successfully survived, grew, and stabilized the bank). It is not appropriate to monitor to determine the effects of treatment (e.g., changes in wildlife habitat structure, condition, or use).
Emergency stabilization funding is not appropriate for:
● Monitoring to determine if the decision not to implement any treatment was appropriate (e.g., monitoring natural recovery). However, the use of an untreated area (control) in a paired comparison design to evaluate the effectiveness of a treatment is acceptable where values at risk will not be affected by an untreated area.
● Monitoring the impacts or effects of the fire (e.g. water quality monitoring to evaluate the impacts of the burn on and post-fire recovery of the endangered Lahanton cutthroat trout, post-fire monitoring of threatened and endangered species presence, reproductive status and reproductive success, etc.).
● Long-term monitoring (more than 3 years following containment of the fire) related to treatment longevity and effectiveness.
● Research
Agency administrators should consider area closures to protect public safety, natural recovery, and active emergency stabilization treatments. Burned or seeded areas may be temporarily closed to the public by excluding vehicle, bicycle, horse, and foot use if unacceptable resource damage would occur or if danger to the public is present due to fire damage or emergency stabilization activities. Temporary use management fences may be appropriate to close areas where passive management closures have failed. Land management plans should be reviewed prior to implementing emergency stabilization measures to identify other areas of special management concern to ensure emergency stabilization treatments are consistent with management objectives for these special management areas.
Law enforcement costs funded by emergency stabilization funds should be limited to protecting significant heritage sites to prevent looting. Other law enforcement activities should be accomplished within existing capability and funding authority, or by shifting priorities, not by using emergency stabilization funds.
8.3.8 Threatened and Endangered Species
A burned area assessment should identify post-fire threats to federal, tribal, and state listed or proposed threatened and endangered species and what, if any, cost effective stabilization measures can be implemented to prevent further post-fire condition degradation. Post-fire monitoring of threatened and endangered species status or recovery is not funded with emergency stabilization funds unless the monitoring is for the purpose of assessing treatment effectiveness of threatened and endangered species stabilization measures and is in an approved BAER Plan/Report. In rare cases, post-fire monitoring of T&E species status may be funded to determine population status if a treatment can be implemented to prevent to prevent species extinction.
All BAER Plan/Reports should be reviewed to determine if threatened and endangered species or their habitat would be benefited or adversely affected by the implementation of emergency stabilization treatments. Agencies must consult with the U.S. Fish and Wildlife Service (Ecological Services Offices) or National Marine Fisheries Service, as appropriate, on all emergency stabilization actions that may affect a threatened and endangered listed species or its habitat to ensure compliance with Section 7 of the Endangered Species Act. A similar process may be necessary for state agencies when state-listed species are involved. Timeframes for review and consultation may last several months. Therefore, every effort should be made to initiate these actions early in the emergency stabilization planning process.
Watershed stabilization includes those emergency stabilization treatments necessary to protect life, property, and watershed values (soils productivity and water quality and quantity). Watershed treatments may meet a prevention strategy, control strategy, or removal strategy. Prevention strategies are treatments applied at the potential source of an emergency to prevent an emergency from developing. Examples of prevention treatments are those applied to ground surfaces to prevent surface erosion, to control overland runoff, to trap sediment, to encourage infiltration into the soil profile, and to stabilize sites of potential deep erosion or mass wasting.
Protection strategies are based on recognition that an emergency cannot be prevented by direct application of prevention treatments to flood/debris flow source areas. Protection strategies are treatments designed to control an emergency when it happens, to slow or delay flood flows, to redistribute sediment loads, and to directly control flood runoff within channels. Removal strategies are treatments designed to remove values at risk from damage caused by increased water runoff.
Treatments are designed to provide effective ground cover to reduce surface erosion potential, to increase infiltration rates, to control overland runoff, and to protect water quality. Seeding should be done only for purposes of protecting life and property, prevent the establishment or reestablishment of non-native invasive species, or for preventing the loss of irreplaceable resources (including Threatened and Endangered species, candidate species, and historic properties). Specific legislation may also provide specific justification for protecting soil and/or watershed values. Seeding specifications for emergency stabilization purposes must be compatible with approved land management plans. Field units without specifically approved plans must submit seeding proposals in accordance with agency guidelines or choose seed from pre-approved local and regional lists. Seed used for emergency stabilization treatments is subject to appropriate State seed and weed laws and is tested for purity and germination. Funding for stabilizing suppression impacts should come from the suppression funding.
Mulch: (straw and chips): Mulch used to retard overland flow and protect soil from rain drop impact and increase soil moisture holding capacity can be effective. Only formally certified noxious weed-free material should be used.
Geotextures, Erosion Cloth/Soil Netting: Biodegradable erosion cloth/soil netting is cost effective only when used to stabilize slopes above high-risk areas (e.g., campgrounds). Soil netting can also be used to stabilize firelines. Soil netting on firelines is charged to suppression funding.
Contour Trenches: Contour trenches are installed with emergency stabilization funds to trap sediment and improve infiltration, and prevent slope rilling. The construction of these devices is an acceptable emergency stabilization funded practice when utilized for stabilizing slopes.
Strip/Contour Tillage (ripping, discing): Mechanical earthwork such as ripping or discing can be used to increase infiltration and break hydrophobic soils.
Log Erosion Barriers, Contour Felling, Straw Wattles: Log erosion barriers, contour tree felling (contour log terrace) and straw wattles are installed with emergency stabilization funds to trap sediment and improve infiltration, prevent slope rilling and replace woody material consumed by fire. The construction of these devices is an acceptable emergency stabilization funded practice.
Lop and Scatter (slash distribution): Spreading limbs and branches of trees and shrubs (slash) on a slope provides protection from raindrop impact. If the branches and limbs are crushed or worked into contact with the soil surface, they also help break up concentrated surface runoff and reduce erosion.
Chemical Treatments: The chemical treatment of soils to break up or reduce water repellency may be funded through emergency stabilization funds. In contrast, some chemical treatment may be necessary to rebind soils on roads that have been reduced to powder because of traffic. Chemical treatments do not provide any ground cover and therefore have application in limited situations. Chemical treatments have generally not proven to be effective for broad application within burned areas.
Treatments are designed to provide effective means to trap and stabilize in-channel sediments, control down-cutting, maintain the integrity of channel morphology, and minimize flash flooding. The following channel treatments are eligible for emergency stabilization funding:
· Grade-control Structures: Check dams are used to protect water quality by maintaining channel form and capacity. The primary objective is to prevent down cutting, head cutting, and gully action, which also effectively prevents the generation of new sediments in burned area channels. To qualify for emergency stabilization funding, these structures should be rock or natural check dams that stabilize the channel bedload, but do not trap sediments. Structures are designed with the same morphology as the original channel, with no defined spillway. The ends of each grade stabilizer are elevated above the base level channel to provide an armored cross section that will pass a design flood. Sediments are permanently stabilized on a level gradient above the spillway, and are temporarily stabilized on a gradient equal to the original channel gradient.
Log dams and in-channel felling slow flow and trap sediment
Sand bags, log grade, and rock grade stabilizers stabilize channels reduce undercutting
· Straw Bale and Straw Wattle Check Dams: The purpose of these check dams is to stabilize in-channel sediments, trap suspended sediments, and control down cutting for one to three years, then slowly release stored sediments as the check dam materials deteriorate. This is a treatment with short-term effectiveness for sediment control. The trapped sediments are then released after the watershed has recovered from the effects of a wildfire.
· Silt Fences: Silt fences can be used in channels to stabilize in-channel sediments, trap suspended sediments and control down cutting for one to three years. Silt fences generally have a longer lifespan than straw bale check dams.
· Armoring: Armoring crossings, culverts, channels, etc. is used to protect water quality by providing mechanical strength and protection to sites within a channel system. Typically, armoring is installed as some form of riprap at locations where bridges or culvert require protection from flood flows.
· Debris Removal: Woody and other debris within channel systems can pose serious threats to downstream facilities or to human life if it is mobilized during flood flows. In order to qualify for emergency stabilization funding, BAER teams and/or emergency stabilization specialists must determine if the potential for downstream damage to life and property is sufficiently high to justify the removal of the debris. Furthermore, these actions must be carefully coordinated with fisheries, hydrology, and other personnel prior to removal of debris that poses serious risk to water quality and other resources. Emergency stabilization funds may be used to create storage and carrying capacity of the stream channel. All other debris placed into stream courses as the result of suppression actions should be removed, including felled trees, using suppression funding.
· Riparian Re-vegetation: Stream banks in burned areas may be stabilized by replanting pre-fire riparian vegetation species using emergency stabilization funds as long as stabilization objectives can be met within two growing seasons. (See 8.3.2.3).
· Ditch Improvements: (Trash/Debris Rack, Road/Culvert Protection, etc.): Ditch improvements may be funded with emergency stabilization funding to prevent additional damage to all-weather roads, trails, or to protect downstream life and property from potential flood events. Fire suppression funding is used to repair or replace damaged racks and culverts as a result of fire suppression activities. The following developed road/culvert treatments may be prescribed and financed via the emergency stabilization subactivity:
- Increasing ditch capacity
- Installation of trash/debris racks
- Installation of bypasses around culverts
- Installation of riser pipes or culverts
- Constructing low-water crossings
- Installation of larger culverts
- Removing undersized culverts
- Gabion debris dams
- Energy dissipaters
- Road closure
· Installation of Road/Trail Water Diversion Implements: these treatments may be funded via the emergency stabilization subactivity only when damage to pre-existing structures was not caused by fire suppression apparatus or when new structures are needed post-fire due to increased runoff from the burned area. Treatments include the installation of the following:
- Rolling dips
- Outsloping roads
- Trail work
- Road rocking
- Rock bottom dips
- Water bars
· Debris Basins: (flood-water impoundments, release tanks, levees, etc.): Prescribe the design and construction of major structures for treatment of emergency watershed conditions only when all other treatments have been evaluated and shown to be insufficient to reduce the emergency to an acceptable level. These are generally intended to be temporary structures. Design these structures to provide direct protection to life and property downstream. Generally, this type of treatment has limited applicability for the following reasons:
- The design of major structures must be prepared by a qualified engineer with the appropriate experience and may require State or Federal permits and approval.
- The construction of the structures generally requires several months and may extend well into the "high risk" timeframe associated with the first damage-producing storms. Treatments involving stabilization structures in the initial approved plan should be accomplished before the next damaging storm or runoff event or to prevent further degradation.
- Any improvement or diversion of water which is 25 feet or more in height from a natural bed or watercourse measured at the downstream toe or lowest elevation of the dam to the dam or which have impounding capacity at maximum water storage elevation of 50 acre feet or more, must comply with the National Dam Inspection Act, P.L. 92-367.
Occasionally it is more feasible or cost effective to move some values at risk than it is to attempt to protect those values on the site. The removal of a potential property loss from the path of a predicted flood can be funded via emergency stabilization funds if the following conditions are met:
· Costs of removal and relocation of property (after flood risk, back to original site) does not exceed the value at risk.
· The approved BAER Plan/Report contains a flood risk potential map which shows the location of the property within the anticipated high flood risk area.
· The property is owned or held in trust by the agency providing the emergency stabilization funds.
Any treatments, or parts thereof, installed using emergency stabilization funds can be removed using emergency stabilization funds if removal is completed within three years of containment of the wildfire. If treatments remain after three years of fire containment other funds must be used for removal costs.