[Title 36 CFR 211]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 36 - PARKS, FORESTS, AND PUBLIC PROPERTY]
[Chapter II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE]
[Part 211 - ADMINISTRATION]
[From the U.S. Government Printing Office]
36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01falseADMINISTRATION211PART 211PARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 211--ADMINISTRATION--Table of Contents
Subpart A--Cooperation
Sec.
211.1-211.2 [Reserved]
211.3 Cooperation with State officers.
211.4 Cooperation for fire prevention and control.
211.5 Emergency fire suppression assistance.
211.6 Cooperation in forest investigations or the protection,
management, and improvement of the National Forest System.
Subpart B [Reserved]
Authority: 16 U.S.C. 472, 498, 551.
Subpart A--Cooperation
Secs. 211.1-211.2 [Reserved]
Sec. 211.3 Cooperation with State officers.
All forest officers will cooperate with State officials, insofar as
practicable, to enforce State fire, game, and health laws. They are
authorized to accept appointments, without compensation, as deputy State
fire wardens, game wardens, and/or health officers whenever in the
judgment of the Chief of the Forest Service the performance of the
duties required by these offices will not interfere with their duties as
Federal forest officers.
[1 FR 1261, Aug. 15, 1936]
Sec. 211.4 Cooperation for fire prevention and control.
The Forest Service shall, whenever possible, and is hereby
authorized to enter into such agreements with private owners of timber,
with railroads, and with other industrial concerns operating in or near
the national forests as will result in mutual benefit in the prevention
and suppression of forest fires: Provided, That the service required of
each party by such agreements shall be in proportion to the benefits
conferred.
[1 FR 1261, Aug. 15, 1936]
Sec. 211.5 Emergency fire suppression assistance.
(a) Definitions. For the purpose of this subpart these definitions
apply:
(1) Prescribed fire means a fire burning under a set of specified
conditions
[[Page 14]]
which will accomplish certain planned resource management objectives.
(2) Escaped prescribed fire means a prescribed fire which has either
exceeded the prescription or has rekindled after it has been declared to
be out.
(b) In the absence of a written reciprocal agreement with any fire
organization or in situations outside the scope of an agreement, the
Forest Service is authorized to render emergency assistance in
suppressing fires and in preserving life and property from the threat of
fire within the vicinity of Forest Service fire protection facilities
under the following conditions:
(1) If a prescribed fire initiated on lands administered by the
Forest Service escapes onto lands not administered by the Forest
Service, the Forest Service may commit personnel, materials, and
equipment without reimbursement or consideration of the fire's
continuing threat to National Forest System lands or resources.
(2) When requested, the Forest Service may commit personnel,
materials, and equipment on a reimbursable basis on lands not
administered by the Forest Service without regard to the fire's threat
to National Forest System lands or resources.
[48 FR 44537, Sept. 29, 1983]
Sec. 211.6 Cooperation in forest investigations or the protection, management, and improvement of the National Forest System.
(a) Purpose and scope. Forest Service officers, when engaged in
cooperative activities otherwise authorized, may receive monies from
cooperators only for cooperative work in forest investigations or for
the protection, management, and improvement of the National Forest
System and only in accordance with written cooperative agreements.
Management of the National Forest System may include such work as
planning, analysis, and related studies, as well as resource activities.
(b) Reimbursements. Agency expenditures for work undertaken in
accordance with this section may be made from Forest Service
appropriations available for such work, with subsequent reimbursement
from the cooperator, in accordance with established written agreements.
Forest Service officers shall issue written bills for collection for
cooperator reimbursement payments within the same fiscal year as Forest
Service expenditures.
(c) Bonding. Each written agreement involving a non-Government
cooperator's total contribution of $25,000 or more to the Forest Service
on a reimbursable basis, must include a provision requiring a payment
bond to guarantee the cooperator's reimbursement payment. Acceptable
security for a payment bond includes Department of the Treasury approved
corporate sureties, Federal Government obligations, and irrevocable
letters of credit. For the purposes of this section, a non-Government
cooperator is an entity that is not a member, division, or affiliate of
a Federal, State, or local government.
(d) Avoiding conflict of interest. Forest Service officers shall
avoid acceptance of contributions from cooperators when such
contributions would reflect unfavorably upon the ability of the Forest
Service to carry out its responsibilities and duties. Forest Service
officers shall be guided by the provisions of 18 U.S.C. parts 201-209, 5
CFR part 2635, and applicable Department of Agriculture regulations, in
determining if a conflict of interest or potential conflict of interest
exists in a proposed cooperative effort. Forest Service ethics officials
or the designated Department of Agriculture ethics official should be
consulted on conflict of interest issues.
[64 FR 60678, Nov. 8, 1999]
Subpart B [Reserved]