Fire Management Memorandum of Understanding

Wildland Fire Use

**General**

This Memorandum of Understanding entered into by and between the
\_\_\_\_\_\_\_\_\_\_\_\_\_Field Office Manager and (property owner,
address). This agreement provides for the management of wildland fire
for resource benefit as described in the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Field Office Fire Management Plan on the
Bureau of Land Management and privately owned lands described below.

# Authority

Federal Land Planning and Management Act (FLPMA) of 1976 (43USC
1737-1738)

# Purpose

The Bureau of Land Management has designated lands in
the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Fire Management Unit (FMU) of the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_Field Office Fire Management Plan (FMP) for
a wide range of fire management response for naturally ignited wildland
fires. These can vary from aggressive and full suppression to management
of the fire for resource benefit (Wildland Fire Use - WFU). Protection
of life and property is the first priority for a fire for resource
benefit. Management of these fires, under a defined prescription, takes
advantage of natural fuel barriers and topography. The objectives for
management are clearly based on resource objectives. These fire
management responses collectively will be known as the "appropriate
management response" or AMR, and

(Property owners' name) owns several tracts of land totaling
approximately \_\_\_\_\_\_\_\_ acres described as follows:

(Legal Description)

which are either surrounded by or adjacent to Bureau of Land Management
lands included in \_\_\_\_\_\_\_\_\_\_\_\_\_Field Office Fire Management
Plan (FMP).

It is mutually agreed as follows:

1.  The Bureau of Land Management will continue fire management
    practices as described in the appropriate FMU of the FMP. The FMP
    requires appropriate management response (AMR) from naturally
    ignited (lightning) wildland fires which may occur in the area and
    which may, as a consequence of such decision as not to suppress,
    spread to said adjacent private lands.

2.  (Property owners' name) has reviewed and agrees with the
    \_\_\_\_\_\_\_\_\_\_\_\_Fire Management Plan and recognizes the
    environmental benefits from a wildland fire to said property. They
    will not hold the United States responsible for any damage or injury
    to said property that may result from the implementation of the Fire
    Management Plan. This would include fire rehabilitation on private
    property.

3.  The Bureau of Land Management agrees to hold (Property owners name)
    harmless for damages, which may result from a naturally ignited
    (lightning) fire originating on this private land and spreading onto
    adjacent \_\_\_\_\_\_\_\_\_Field Office lands.

4.  When such an ignition occurs, notification to respective party will
    be made as soon as possible.

5.  Funding -- Nothing in this MOU shall be construed as affecting the
    authorities of the participants or as binding beyond their
    respective authorities or to require either participant to obligate
    or expend funds. No financial appropriations are obligated by this
    MOU.

6.  Exhibit 1 (attached) describes the operational plan for lands
    covered under this agreement for wildland fires that are managed for
    resource benefit.

# Duration/Renewal

This agreement will be in effect after the date of the last signature
and will remain in effect for five years (or 5 years from current date
here). Any of the parties may terminate this memorandum of understanding
by providing a written notification 30 days in advance. The landowner
will immediately contact the BLM, if ownership of said property changes.

On an annual basis, the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Field Office
will review the Fire Management Plan and make contact with private
landholder. At this time if there are any changes in the Planning
Objectives for the area adjacent to this private land or new concerns
have arisen from the property owner, these items will be mutually
discussed.

**[Special Provision]{.underline}**

## Officials not to Benefit

No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that
may arise there from; but this provision shall not be construed to
extend to this agreement if made with a corporation for its general
benefit.

The parties hereto have executed this Memorandum of Understanding as of
the last date written below.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Field Office Manager Contact Phone Number

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Property owners' name Contact Phone Number

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Jurisdictional Fire Authority Contact Phone Number

**Exhibit 1**

**Operational Plan for Wildland Fires Managed for Resource Benefit**

1\. There will be a yearly pre-fire season meeting between the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ BLM Field Office and the landowner to
discuss management strategies for the up coming fire season. Any changes
in management to the private or federal lands which would disallow
wildland fire for resource benefit (Wildland Fire Use -- WFU) or modify
other Appropriate Management Responses (AMR) will be discussed and
documented.

2\. If for some reason the management of the private lands covered by
this agreement does not allow for WFU for that year, and the BLM
administered lands are kept under the WFU appropriate management
response strategy, the BLM will agree to modify their tactics to keep
wildland fire off the private lands to the greatest extent practicable.

3\. The landowner grants permission to the BLM to access their land for
WFU planning and reconnaissance purposes.

4\. The landowner will identify any critical resources or property that
needs to be protected at the pre-season meeting.

5\. If an ignition occurs on BLM administered lands within two miles of
the private land, the BLM will make a good faith attempt to contact the
landowner by phone prior to making the go-no-go decision for a WFU.

6\. If the natural ignition occurs on the private lands, the landowner
and the jurisdictional fire authority will be responsible for contacting
the \_\_\_\_\_\_\_\_\_\_\_\_ BLM Field Office with their decision for
fire management strategy if the jurisdictional fire authority's
resources are first on-scene.

7\. If BLM resources are first on scene on a natural ignition on the
private lands, the BLM will attempt to contact the landowner for a
decision on management strategies. If the landowner cannot be contacted
within a reasonable timeframe, the BLM will suppress the wildland fire.

8\. If a WFU incident approaches within two miles of the private lands,
the landowner will be notified and input will be requested from the
landowner for management of the fire.

(Add additional direction as needed on a local basis)