Origin of Resolution:
NASF Forest Fire Protection Committee

Issue of Concern:
Federal Billing Timelines

Background:
States continue to receive untimely and inaccurate fire billings from the USDA Forest Service. The problem appears to be in the process the Forest Service uses to collect and consolidate the cost information necessary to submit accurate bills to the states. Each state enters into an "Interagency Cooperative Fire Management Agreement" with the federal land management agencies, which authorizes the exchange of resources and funds for fire management activities.

The states and our federal partners have benefited immensely from the authorities provided in the agreement. All partners have financial obligations, within their respective appropriated fund limitations, as spelled out in each of the agreements. Each agreement specifies time frames for submitting bills or estimates, usually 60 days after a fire is declared controlled. If estimates or partial bills are submitted, the final bill is usually due within 6 months after control of the fire. The specific language in the Agreement states: "Billing deadlines are intended merely to encourage prompt billing, and failure to meet billing deadlines shall not be construed as a release or waiver of claims for reimbursement against the other party."

States want to fulfill their financial obligations but are often not able to do so when fire billings from federal agencies are neither accurate nor timely. States are faced with fiscal year deadlines, legislative constraints, and legal obligations for recovering costs from causal parties, all of which require accurate and timely billings from federal agencies. In addition, Federal Emergency Management Agency (FEMA) has promulgated new rules under its Fire Suppression Assistance Program. These rules now require states with suppression grants to provide final suppression costs within 15 months from the beginning of the declared incident. This further emphasizes the need for accurate and timely billings by federal agencies.

RESOLUTION:
The National Association of State Foresters requests the Chief of the USDA Forest Service to provide appropriate direction to develop a timely and accurate fire billing process to states.

NASF ACTION:

( X ) Approved

DATE OF ACTION:
October 2, 2002