COST SHARING The Local Government Perspective

1. COST SHARINGThe Local GovernmentPerspective Tod Carlini, District Chief East Fork Fire And Paramedic Districts

2. 2006 GAO Report and Findings • GAO was asked in 2006 to investigate fire suppression costs. • Two key questions they asked were: (1) Review how federal and nonfederal entities share the costs of suppressing fires that burn or threaten both of their lands and resources. (2) Identify any concerns that these entities may have with the existing cost-sharing framework.

3. Findings • Lack of clear guidance for federal and nonfederal officials to use in deciding how to distribute costs to a specific fire. • Cost-sharing methods were applied inconsistently within and among states, even for fires with similar characteristics. • The federal government was in many cases paying for fire suppression on private properties being taxed for fire protection by local government.

4. Accepting The Liability • Whether you agree or disagree, the current reality is that local government will be held responsible fire suppression costs on privately owned property and for structure protection in the urban interface areas. It isn’t as easy as it used to be!

5. Local Government Concerns And Issues Impacting Cost Sharing • Distribution of federal vs. non federal lands within your jurisdiction • Funding • Urban Interface Codes • Unified Command • Type III, II, and I Teams and Delegation of Authority • Fire Management Assistance Grant (FMAG) • Cost Share Adjudication

6. Distribution of Federal vs. Non Federal Lands Within Your Jurisdiction • Investigate and attempt to establish your financial liabilities (Use your GIS Dept). • Plan any possible fuels mitigation work which will attempt to reduce that liability. • File your concerns as a matter of record during the comment period on any land exchanges that might be taking place in your jurisdiction. • Public Lands to Private Lands • Use the “tools” within your GIS departments and County Assessor’s office.

7. Funding • Suppression • Fuels Mitigation • Rehabilitation How are you going to pay for it all?

8. Urban Interface Codes • If you don’t have one or have not adopted existing or national codes, work towards adoption with your governing board. • Look to limit your financial exposure for structural fire protection. • Defensible space • Access • Building Materials • Fuels Reduction

9. Unified Command • Establish unified command early and then be an active participant. • Establish relationships early. Know the key personnel that you may be working with. • Lots of new faces out there…. Trying to establish working relationships at the time of the incident will make the cost share negotiations more challenging.

10. Type III, II, and I Teams and Delegation of Authority • Be part of the decision. • While the complexity analysis will define the level, there is still room for discussion. • Be part of the planning process. • Ensure you have a voice in resource requests and strategy as a matter of local government cost containment. • Completely understand what it means to sign a Delegation of Authority and the potential impact on your costs.

11. The Cost Share Agreement • Negotiating cost share agreements is generally delegated to the respective Agency Administrators who are party to the various cooperative fire protection agreements. • Cost Share Agreements will be negotiated between agencies involved in specific fire suppression activities. • Generally speaking, the incident agency noted in the fire number (NV-CCD-XXXXXX) will act as the primary incident payment agency. Payment agency can be negotiated depending on circumstances involving the incident. Cost share language can drive payment language. • The designated representatives of each Agency with protection responsibility will complete and sign the agreement.

12. Who Has The Authority? • It is imperative that those local Agency Representatives have the authority to negotiate and sign the agreements. • A future consideration: • Annual Operating Plans should identify by name those individuals who have authority to not only negotiate, but sign cost share agreements.

13. When To Start The Process • The cost share methods should be discussed immediately among all protection entities during strategy development. • If there are any disagreements among the protection entities on the strategy and tactics employed by the lead agency, this must be documented and resolved immediately. • Jurisdictional identification should take place as soon as possible, but not compromise initial suppression efforts.

14. Which Methodology ? • Acres Burned • Effort Expended – Cost Apportionment • This method requires considerable planning and does not lend itself well during the initial attack periods, but does have merit during formal incident planning and IAP development • You Order – You Pay • Combination of Methodologies

15. The FMAG • The Fire Management Assistance Grant (FMAG) can be an important asset for assisting local government with funding. • Understand qualifying FMAG events, circumstances, and requirements. • Request application as soon as possible if applicable to your fire. • Be part of the application process with NDF

16. Cost Share Adjudication • This is the final settlement of fire costs. • My experience is that both the USFS and BLM attended this meeting with an entire team of people. • Local government should assemble a “team” as well. • Agency head or administrator • The individual who signed the initial cost share agreement • The incident commander • Key financial personnel • It is very helpful to have your Board or governing body officially delegate the necessary authority to complete the adjudication. • If they are not willing to do so, in most jurisdictions it would be assumed that the governing body would have to approve the final adjudication under the Open Meeting Law. • There may be some value in this process, in as much your public will have access to the process and at a minimum and see the financial exposure that can result.

17. Additional Information • Impact Of Cost Share Agreements on Local Government • www.usfa.fema.gov/pdf/efop/efo40251.pdf • Wildland Fire Supperssion – Lack of Clear Guidence • www.gao.gov/new.items/d06896t.pdf

18. Questions STAY SAFE