FSH 5109.18 - WILDLAND FIRE PREVENTION HANDBOOK WO AMENDMENT 5109.18-99-1 EFFECTIVE 06/10/1999 CHAPTER 20 - SMOKEY BEAR PROGRAM 20.1 - Authority. The Cooperative Forest Fire Prevention (CFFP) Program is authorized under the Smokey Bear Act of May 23, 1952 (Pub. L. 82-359, Ch. 327,66 Stat. 92; 18 U.S.C. 711; 16 U.S.C. 580p-2), as amended by Pub.L. 92-318. Implementing regulations are issued at Title 36, Code of Federal Regulations, part 271 (36 CFR part 271). 20.2 - Objectives. The objectives of the CFFP Program are to: 1. Create and maintain a public awareness through the image of Smokey Bear, about the need to prevent unplanned, careless, or human-caused wildland fires. 2. To ensure understanding and proper use of the Smokey Bear program and messages. 20.3 - Policy. The USDA Forest Service shall manage the CFFP Program, commonly known as the Smokey Bear Program, in cooperation with The Advertising Council, Inc. and the National Association of State Foresters. The CFFP Program shall convey wildland fire prevention messages through a variety of educational techniques, using Smokey Bear as the primary image and targeting children 10 years or younger. Provide public education and reinforcement of the key CFFP message of the need to prevent unplanned human-caused wildland fires. 20.4 - Responsibility. 20.41 - Director, Fire and Aviation Management Staff, Washington Office. The Director of Fire and Aviation Management, Washington Office, has the responsibility to administer the CFFP Program to be responsive to the wildland fire prevention needs of the National Forest System, State forestry organizations, local governments, and private fire management organizations. 20.42 - Regional Foresters and Area Director. The Regional Foresters and Area Director have the responsibility to designate the Regional or Area Coordinator for the CFFP activities within the Region or Area. 20.43 - Regional and Area Directors of Fire and Aviation Management. The Regional and Area Directors of Fire and Aviation Management have primary responsibility for the administration of the Region's or Area's CFFP Program. 20.44 - Forest Supervisors. The Forest Supervisor has the responsibility to assign primary responsibility for administration of the Forest level CFFP Program to a staff member on the Forest's Fire and Aviation Management Staff. 20.6 - Role of The Advertising Council and Campaign Advertising Agency. 20.61 - The Advertising Council, Inc. The Advertising Council, Inc. is a nonprofit organization of American business, advertising, and communications industries, which contributes skills and resources to the promotion of voluntary citizen action to solve national problems. The Advertising Council cooperates with the Forest Service and the National Association of State Foresters (NASF) to facilitate the CFFP Program's Smokey Bear campaigns, as authorized under the Smokey Bear Act (sec.20.1). The campaigns include national public service advertisements for use in radio, television, and print media, and development of educational wildland fire prevention materials. The Advertising Council, in cooperation with the Association of National Advertisers and the American Association of Advertising Agencies, designates a national campaign director and an advertising agency to work with the CFFP Program cooperators to develop advertisements and campaign materials. 20.62 - Campaign Director. The Campaign Director is chosen from the private business sector to serve as an advisor and consultant to the Forest Service, the NASF, and The Advertising Council on the creation of the annual Smokey Bear campaign. 20.63 - Campaign Advertising Agency. The designated advertising agency works with the CFFP cooperators, the Forest Service, The Advertising Council, and NASF to produce the artwork, advertising copy, scripts, and audio and video public service advertisements for the Smokey Bear campaigns. The designated advertising agency also creates and produces educational and awareness posters and teaching aids for the CFFP program. 20.7 - References. For additional sources of wildland fire prevention information, see section 10.6. For sources of information on wildland fire prevention technology. See section 41. 1. The Condensed Guide to Smokey, A Style Manual. (Sec. 23.6). This publication (order number NFES# 92062) is available from the Symbols Center of Excellence Cache, 402 11th Street SE, Grand Rapids, MN 55744 (218-327-4282). 2. The Fire Prevention Graphic Art Disk and Fire Prevention Clip Art Book. (Sec. 23.6). These are available on disk, as included in Appendix A of the Wendelin Foundation Agreement of 1997, and may be requested from the Symbols Center of Excellence Cache, 402 11th Street SE, Grand Rapida, MN 55744 (218-327-4282). 3. Junior Forest Ranger Program Kits. (Sec. 23.5). These kits may be requested from Smokey Bear Headquarters, Washington, D.C. 20252. 4. Smokey Bear Internet/WorldWide Web Site. (Sec. 22.5). The Advertising Council, with direction from the National Association of State Foresters and the Forest Service, maintains the official Smokey Bear website at: http://www.smokeybear.com/ The Advertising council is located at 825 Third Avenue, New York, New York 10022 (212-758-0400). 21 - PROGRAM COMPONENTS. There are five major components to the CFFP Program: 1. Public Service Advertising. The production and distribution of advertisements for use in donated media time and space on commercial radio, television, and print media. 2. Educational Activities. The development and presentation of educational fire prevention programs. Activities and materials are targeted at children age 10 or younger to reinforce the key message of the need to prevent unplanned, human-caused fires. 3. Commercial Licensing. The use of the Smokey Bear image on commercial products and materials to further promote the fire prevention message, in accordance with the enabling legislation. 4. Image and Appearance. The protection and perpetuation of the established image and use of the Smokey Bear character, including trademark, artwork, slogan, and costume, for the sole purpose of promoting wildland fire prevention. 5. Awards and Recognition. Awards criteria, presentation, and availability for National, State, and local level programs. 22 - PUBLIC SERVICE ADVERTISING. 22.02 - Objective. To achieve effective public service advertising about wildland fire prevention messages via the media, without cost to the agency for installation, air time, printed space, or other charges normally associated with advertising. 22.03 - Policy. Coordinate a combined effort by the Forest Service and State forestry organizations to make maximum use of public service media opportunities for educating the public about the need to prevent unwanted, human-caused wildland fires. Use a campaign of public service advertisements professionally designed and produced through The Advertising Council and the designated advertising agency. 22.1 - Television and Radio. The campaign's public service advertising (PSA) kits for television include photo-story boards and video tapes. Radio PSA kits include live script and recorded copy on compact disk (CD). Both kits include: 1. A letter describing the focus of the campaign. 2. Statistical information about wildland fire. 3. A map displaying regional fire seasons and suggested times of the year for playing the PSA's. The Advertising Council distributes these kits to network, cable network, syndicated, and spot television stations, and all (combination AM and FM) radio stations through a national distribution list. The PSA's are produced in English and Spanish, and sometimes in other languages. The Washington Office, Director of Fire and Aviation Management sends extra copies of the radio and television PSA's to Regional and Area offices for distribution to regional and local media outlets. Forest Service personnel, along with personnel from State forestry agencies, are encouraged to visit with public service managers of local radio and television stations to advise them of local wildland fire issues and situations, and to encourage them to play the PSA's. 22.2 - Newspapers and Magazines. The campaign's PSA's for print media are distributed through a national media list. Newspaper kits are distributed primarily to daily and weekly newspapers, and the magazine kits are targeted especially at consumer and child-oriented magazines. These kits contain black and white or color camera-ready slicks, depending on the media, in a variety of sizes to fit the specific print format; a letter describing the focus of the campaign; and wildland fire statistics. They are produced in English, Spanish, and sometimes other languages. The Washington Office, Director of Fire and Aviation Management, sends extra newspaper and magazine kits to Regional and Area Offices for local distribution. Following the distribution of the newspaper kits, Forest Service personnel, along with State forestry agency personnel, are encouraged to visit local, regional, and State newspaper and magazine offices to encourage use of the print PSA's. After the initial contacts, follow-up visits should be made to media editors to advise them of local wildland fire conditions and public safety messages. 22.3 - Outdoor Advertising. The campaign includes several sizes of posters and billboards for use in public display areas, such as buses and trains, transit stations, airports, and outdoor advertising. Direct requests and inquiries for outdoor fire prevention advertising to The Advertising Council, Inc., 825 Third Avenue, New York, New York 10022, (212) 758-0400, or directly to the product producer listed on the campaign material itself. Before negotiations for use of these materials are completed, ensure that prospective advertisers are aware that installation of these materials must be done without charge to the Forest Service or State forestry agencies. The Washington Office, Director of Fire and Aviation Management, sends samples and ordering information to Regional and Area Offices for local distribution. 22.4 - Field Production of Public Service Advertisements. Individual Forest Service units, in cooperation with State forestry organizations, may produce PSA's for local television and radio stations to supplement the national campaign. Ensure that locally produced PSA's: 1. Deal exclusively with wildland fire prevention. 2. Reinforce the dignified and friendly image of Smokey Bear. 3. Portray Smokey Bear as a symbol for wildland fire prevention only. 4. Avoid the use of all other advertising symbols unless the Director, Fire and Aviation Management, Washington Office, has provided specific written approval. 22.5 - Smokey Bear Internet/World Wide Web Site. The Advertising Council, with direction from the National Association of State Foresters and the Forest Service, maintains the official Smokey Bear Internet/World Wide Web Site. The web site contains information and activities for children 10 years or younger. The web site address is: http://www.smokeybear.com/ Field units should promote the use of the web site and include the address, wherever it is appropriate, on in-house fire prevention pamphlets, posters, or similar items. If field units "link" to The Advertising Council's web site from a Forest Service web site, it must be made clear to the public that they are leaving a Forest Service controlled web site and entering an official "cooperator's" web site. 23 - SMOKEY BEAR PROGRAM EDUCATIONAL ACTIVITIES. 23.02 - Objective. (Sec. 20.2). 23.03 - Policy. (Sec. 20.3). 23.1 - Smokey Bear Activities. In coordination with State and local forestry and fire protection agencies, present and execute educational activities aimed at local elementary school age children. Target areas with fire occurrence problems related to juveniles. Introduce children to Smokey Bear and the fire prevention message. 23.11 - School Programs. Coordinate school and youth programs with other local agencies and groups to avoid duplicating efforts. Use a systematic approach to reach as many school classrooms as possible within the local area. Programs can be designed locally or adapted from other programs and curricula. Regional/Area CFFP coordinators should be able to provide help when designing programs. A typical program should include messages about Smokey's rules; discussion about the effects of fires on the wildlands and their inhabitants; demonstrations of how and why fires are prevented; and a visit from a costumed Smokey Bear or a trip to a local National Forest or wildland area. Change the program to maintain interest and teach each grade level appropriately, considering the needs and developmental level of each age group. To evaluate programs to determine their cost-effectiveness and impact, a test or quiz may be used along with asking for feedback from teachers, school administrators, parents, and others. Monitor fire occurrence statistics for any short- or long-term changes associated with children-caused fires in targeted areas. 23.2 - Special Activities and Events. Certain fire prevention problems or issues may respond to a highly focused educational effort targeting a specific audience. Smokey Bear may be used to highlight a specific aspect of fire prevention or for a special activity such as a safety fair. Special activities should be designed to meet an identified prevention need and may include the development of a custom educational product. Special activities should be discontinued once it is determined the specific prevention need has been satisfied. Ensure special prevention activities do not detract from the established image of Smokey Bear and do not conflict with the national Smokey Bear program focus. 23.3 - Campaign Materials. As part of the Cooperative Forest Fire Prevention program (CFFP), The Advertising Council, through the campaign advertising agency, creates cost-effective professional posters and other educational materials for the fire prevention campaign theme. 23.31 - Cooperative Fire Prevention Materials (CFPM) Catalog. Campaign posters and materials, designed by The Advertising Council, form the basis of a collection of wildland fire prevention education materials referred to as Cooperative Fire Prevention Materials (CFPM). For each new public service advertising campaign, a new CFPM catalog is produced and distributed. Materials in the CFPM catalog reflect the theme of the national campaign (sec. 22.03), and can be purchased for a nominal fee. Each catalog features: 1. The current campaign poster and other materials. 2. Standard items such as bookmarks, decals, rulers, pens, pencils, coloring sheets, activity books, comic books, and educational posters. The following organizations may order from the CFPM catalog: Forest Service, State forestry organizations, schools, and other local and private wildland fire management organizations. Orders can be made all year, except during September due to fiscal year- end inventory. Place orders with the Symbols Center of Excellence Cache, Grand Rapids, MN. Ordering information is included in the catalog. 23.32 - Materials Distribution. 1. Distribute materials in such a manner that the targeted audience receives a fire prevention message. 2. Distribute materials to the public without cost; the materials cannot be resold by anyone. Failure to adhere to this policy would jeopardize the public service status of the CFFP program. 23.4 - National Association of State Foresters Catalog. The National Association of State Foresters (NASF) produces a fire prevention materials catalog that contains items not offered in the CFPM catalog. Forest Service personnel may order from the NASF catalog when their needs are not met by the primary source of supply, the CFPM catalog. Ordering information is available from the NASF. 23.5 - Junior Forest Ranger Program. The Junior Forest Ranger (JFR) program is designed to teach a fire prevention ethic to children by giving them a sense of responsibility for the wildlands. Requests for membership as a Ranger must be received from the individual child, not from a group, class, teacher, or parent. Requests for a JFR program kit must be mailed in writing to the Smokey Bear Headquarters, Washington, D.C. 20252. The Symbols Center of Excellence Cache responds to requests for JFR kits and sends them to the children promptly, except in the following States and Canada which fill requests on their own: Alaska, Arkansas, Colorado, Iowa, Kansas, Kentucky, Maine, Maryland, Nevada, New Hampshire, Pennsylvania, Rhode Island, South Dakota, Utah, Wisconsin, and Canada. All requests from children in these locations are forwarded to and answered by the States or the Canadian Forestry Association. 23.6 - Field Production of Fire Prevention Materials. Forest Service field units, in coordination with State forestry agencies or other cooperators, may design, produce, and distribute their own local fire prevention materials using the Smokey Bear image, if the materials meet a specific wildland fire prevention objective not met through the CFPM catalog or commercial licensing sources. 1. The image of Smokey Bear is intended solely for the purpose of encouraging wildland fire prevention and must not be demeaned or degraded (sec. 24). All Smokey Bear items must incorporate a wildland fire prevention message and must be given away at no charge. A commercial license from the CFFP Program is required if any locally developed products are to be sold (sec. 24). 2. The production of materials may not abuse the image of Smokey Bear. Smokey Bear images should not be used in situations where fire prevention is not the primary message, nor for such things as: a. T-shirt and jacket art for fire suppression crews. b. Employee association newsletters. c. Logos, letterhead, and local activity use. 3. The high standards and uniformity of the Smokey Bear image, which apply to the national campaign materials, must be met in any field-produced fire prevention product by following these guidelines: a. Involve Regional/Area CFFP coordinators at the earliest stages of development. b. Use approved artwork as outlined in The Condensed Guide to Smokey, A Style Manual (NFES #92062), available from the Symbols Center of Excellence Cache (sec. 20.7). c. Ensure the item does not conflict with, or detract from, the national fire prevention effort. d. Ensure all field-produced items carry the following credit line: "A public service message in wildland fire prevention brought to you by the USDA Forest Service, your State Forester (or specific State Forester), and supported by (if a third party contributed to the production of the item). Reproduction or resale is prohibited under 16 U.S.C. 580." 4. Artwork may be reproduced without special approval when it is contained in the Fire Prevention Graphic Art Disk, the Fire Prevention Clip Art Book, or as included in Appendix A of the Wendelin Foundation Agreement of 1997 (sec. 20.7). Reproduction of any other art work must be approved by the Director, Fire and Aviation Management Staff, Washington Office. 5. New Smokey Bear artwork commissioned for field fire prevention items must be approved by the Director, Fire and Aviation Management Staff, Washington Office. Prior to final production ensure that one of the following occurs: a. If the artist is an independent contractor, obtain a signed and notarized "Assignment and Waiver" (sec. 27, ex. 01). b. If the artwork is produced by an artist employed by a company, obtain the completed "Assignment of Work Made for Hire," including the "Certification of Employee/Artist" (sec. 27, ex. 02 and 03). c. The Fire and Aviation Management Staff Director, Washington Office maintains copies of these executed documents until such time as the rights on the particular artwork expire. 24 - COMMERCIAL LICENSING OF SMOKEY BEAR NAME AND ARTWORK. 24.02 - Objectives. The objectives of the Smokey Bear licensing program are: 1. To provide effective, professional, Smokey Bear products to communicate the fire prevention message. 2. To ensure all licensed products maintain the standards of high quality and good taste. 3. To generate funds to be spent furthering wildland fire prevention projects nationwide. 24.03 - Policy. The Forest Service shall convey fire prevention messages through commercial licensing of the Smokey Bear name and artwork. 24.04 - Responsibility. The Director, Fire and Aviation Management Staff, Washington Office, is responsible for managing the Smokey Bear licensing program and for taking legal action against licensing violators (sec. 24.1). This responsibility may not be delegated to field unit managers. 24.1 - Protection and Use of Smokey Bear Image. By illustrations or words, the Smokey Bear image shall not be used to endorse any product or service other than wildland fire prevention and shall always be used in conjunction with an approved wildland fire prevention message. No product(s) bearing the image of Smokey Bear may be produced or sold without an approved license. The use of Smokey Bear as a proprietary brand name is prohibited. Report suspected unauthorized use of the Smokey Bear image directly to the Regional/Area CFFP coordinator or to the Director of Fire and Aviation Management, Washington Office. Unauthorized commercial use is punishable under 16 U.S.C. 580 (p-4) and 18 U.S.C. 711. Legal action against licensing violators may be taken by the Director of Fire and Aviation Management, Washington Office (sec. 24.04). Ensure that all approved licensees prominently display the official logo of the Smokey Bear licensing program on product packages, packaging, and advertising. 24.2 - Licensing Guidelines. The Smokey Bear Act (18 U.S.C. 711; 16 U.S.C. 580 (p-2) and regulations of the Secretary of Agriculture (36 CFR 270) provide for the commercial use of the image and name of Smokey Bear (sec. 20.1). The USDA Forest Service maintains a contract with a commercial licensing agent. All proposals for licenses are forwarded through the National Director of Fire and Aviation Management for recommended changes, refusal, or final approval. 24.3 - Licensing Process. Licensing is authorized by law (sec. 20.1). Applicants for Smokey Bear licenses are required to submit a license proposal, in the form of a letter, to the commercial licensing agent. Licensing guidelines are in section 24.2. 24.4 - Licensing Fees. The Smokey Bear Act (sec. 20.1) permits the Forest Service to collect fees and royalties from licensees to be used exclusively to support the CFFP program's national wildland fire prevention activities. Licensees are required under the terms of the license to maintain accounting records, in conformance with generally accepted accounting principles, to ensure that all sales, advertising, and promotion expenses are readily identified. Records of production inventory quantity, inventory, and sales of the product(s) must also be maintained. The Forest Service performs audits during the term of the license. The Department of Agriculture or the General Accounting Office have the right to examine and audit, and must be provided access to all books, documents, papers, and financial records related to the license until three years after final payment under a license. 24.5 - Official Smokey Bear Logo. Approved licensees are required to use the official Smokey Bear licensing program logo and display it prominently on all licensed products. No one other than approved licensees may use this logo. 24.6 - Artwork. Prior to use, all artwork and advertising depicting the image of Smokey Bear must be approved by the Director of Fire and Aviation Management, Washington Office and it must meet the approved standards contained in The Condensed Guide to Smokey, A Style Manual (sec. 20.7). The Smokey Bear image shall not be depicted as endorsing any interest, activity, or product other than wildland fire prevention (sec. 24.1). In addition, messages portrayed with the Smokey Bear image must always address wildland fire prevention. 1. Examples of acceptable messages that may be used with the Smokey Bear image are: a. Remember, ONLY YOU Can Prevent Forest Fires (Wildfires) b. Prevent Forest Fires (Wildfires) c. Break Your Matches d. Drown Your Campfires e. Help Smokey Prevent Forest Fires (Wildfires) f. Smokey's Friends Don't Play With Matches g. 9 Out of 10 Forest Fires (Wildfires) are Caused by People h. Careless Campers Cause Forest Fires (Wildfires) 2. Use only the official Pantone Matching System (PMS) coloration scheme contained in The Condensed Guide to Smokey, A Style Manual (sec.20.7). The coloration scheme is as follows: Hat PMS 467 (beige) Hatband PMS 472 (light brown) Eyes PMS 469 (dark brown) Muzzle PMS 468 (beige or white) Face PMS 470 (medium brown) Body PMS 470 (medium brown) Pants PMS 299 (blue) Belt PMS 469 (dark brown) Buckle PMS 131 (gold) SMOKEY PMS 472 (light brown) 24.7 - Licensing Violation. Items produced for commercial sale that contain or use the Smokey Bear image or name, without benefit of a license, violate the Smokey Bear Act (18 U.S.C. 711). The Director, Fire and Aviation Management Staff, Washington Office shall take actions, up to and including prosecution in civil and criminal court, to stop unlicensed violators. Report any suspected violations directly to the Regional/Area CFFP coordinator, or the Director of Fire and Aviation Management, Washington Office. Purchase samples of items thought to be in violation, using cash from the unit's imprest fund. Send such samples to the Regional/Area CFFP coordinator, who shall forward unlicensed items to the Director of Fire and Aviation Management, Washington Office. 25 - IMAGE AND APPEARANCE OF SMOKEY BEAR. 25.02 - Objective. To portray the image of Smokey Bear as a dignified, firm, and friendly symbol of wildland fire prevention (sec. 24.1). 25.03 - Policy. Forest Service personnel shall convey fire prevention messages through personal appearances of Smokey Bear, using officially sanctioned costumes in accordance with the "Guidelines for Use of Smokey Bear Costume" (sec. 27, appendix to the cooperative agreement in ex. 04). 25.1 - Artwork. (Sec. 24.6). 25.2 - Smokey Bear Costume. 1. Official Smokey Bear costumes must be purchased from either of the following licensees: a. Shafton, Inc., 6932 Tujunga Avenue, North Hollywood, California, 91605, or b. Facemakers, Inc., 140 Fifth Street, Savanna, IL 61074. The costume is designed for adult wear only. 2. The Smokey Bear image does not represent any organization, and use of the costume is limited to activities which have a wildland fire prevention theme. Do not use the costume for an appearance where the wildland fire prevention message is not a principal theme, or when situations would give the appearance of impropriety. Examples of inappropriate uses of the costume are: Christmas or Halloween parties; employee picnics; job fairs; and or promotions for the Combined Federal Campaign. 25.3 - Purchase and Policy for Use of Smokey Bear Costume. Only the Forest Service and State forestry organizations may purchase and own a Smokey Bear costume without prior approval. Local fire departments and other non-Federal agencies that wish to acquire a Smokey Bear costume must have a letter of approval from the State Forester of the State in which they are located or from the Forest Service, with the State Forester's verbal concurrence, authorizing such purchase. The Director, Fire and Aviation Management Staff, Washington Office, approves costume purchase and ownership by other Federal and international agencies on a case-by-case basis. For costume ownership outside the Forest Service or a State forestry organization, agencies must agree to adhere to the requirements for ownership and use of the costume and execution of a cooperative interagency agreement (sec. 27, ex. 04). Such agreements are in effect for a period of no more than 5 years, with the option for renewal in 5-year increments after that time, at the discretion of the issuing officer. To protect the integrity of the Smokey Bear image, care should be taken to ensure that there is only one costumed Smokey Bear character visible to the public at any one time per event. 26 - SMOKEY BEAR AWARDS PROGRAM. 26.02 - Objective. To recognize individuals and organizations for outstanding service in wildland fire prevention. 26.03 - Policy. The Forest Service shall convey and support fire prevention messages through Smokey Bear Award presentations that recognize outstanding contributions to wildland fire prevention. 26.1 - Description of Awards. Five official awards in the program represent different types and geographic levels of achievement: the National Gold, Silver, and Bronze Smokey Bear Awards; the Smokey Bear Citation; and the Smokey Bear Appreciation Plaque. 26.11 - National Awards. The National Smokey Bear Awards, otherwise known as the Golden Smokey, the Silver Smokey, and the Bronze Smokey, consist of 9-inch, three-dimensional figures of Smokey Bear, cast in the representative metal and mounted on a wooden base. The front of the base has a metal plate for inscription. A lapel pin, cast in the corresponding representative metal, accompanies the award. 26.12 - Other Awards. 1. The Smokey Bear Citation is a certificate approved by a Deputy Chief, Regional Forester, Station Director, Area Director, State Forester, Forest Supervisor, or District Ranger. 2. The Smokey Bear Appreciation Award is a wooden, laser-engraved plaque with an appropriately engraved brass plate. This award is approved by the same line officers listed in paragraph 1. 26.2 - Eligibility. 1. Individuals or organizations that have made outstanding contributions in wildland fire prevention may be nominated for any of these awards. 2. Recognized wildland fire prevention efforts include, but are not limited to: Activities in education; law enforcement and engineering; journalism or media coverage; advertising campaign; informational programs; and individual presentations. 3. Persons with assigned fire prevention duties are not ineligible; however, such individuals with outstanding accomplishments should first be considered for other incentives and awards for job performance, rather than the national awards. 4. Activities relating to fire prevention for structures rather than wildlands or urban interface, do not qualify for the Smokey Bear awards. 26.3 - Selection Criteria. 26.31 - National Gold Smokey Bear Award. This award is given to individuals or organizations that have provided sustained, outstanding, national-level service in wildland fire prevention over a minimum of two years. No more than three of these awards may be given annually. 26.32 - National Silver Smokey Bear Award. This award is given to individuals or organizations that have provided sustained, outstanding, regional or multi-State service in wildland fire prevention over a minimum of two years. No more than five of these awards may be given annually. 26.33 - National Bronze Smokey Bear Award. This award is given to individuals or organizations that have provided sustained, outstanding, Statewide service in wildland fire prevention over a minimum of two years. No more than ten of these awards may be given annually. 26.34 - Other Awards. Individuals or organizations not qualifying for National awards may be given a citation or a Smokey Bear appreciation plaque. 26.4 - Nomination Process. 26.41 - National Awards. 1. A committee composed of members from the Forest Service, the National Association of State Foresters, and The Advertising Council evaluates nominations for the National Gold, Silver, and Bronze Smokey Bear Awards. Their recommendations are presented to the Chief, USDA Forest Service, who approves the National Smokey Bear awards. 2. Anyone having knowledge of the outstanding wildland fire prevention efforts of the nominee may make nominations for national awards. 3. The Director of Fire and Aviation Management, Washington Office, issues an annual call letter covering the previous fiscal year. 4. Nominations should be completed on the form provided with the call letter, in narrative format with 500 words or less, and with supporting evidence attached, such as newspaper and magazine clippings or photographs. 5. Nominations are submitted to the Regional/Area CFFP Coordinator, who in turn submits them to the Director of Fire and Aviation Management, Washington Office. 26.42 - Other Awards. Regional Foresters and the Area Director shall prescribe specific procedures for submitting nominations for the citation and the appreciation plaque. They shall keep records of nominations and their disposition. State Foresters follow similar procedures. 26.5 - Selection Process. 26.51 - National Awards. The Chief approves National Smokey Bear Awards based upon the recommendation of the selection committee. 26.52 - Other Awards. Regional Foresters and the Area Director shall prescribe procedures for approving the citation and appreciation plaque. State Foresters follow similar procedures. 26.6 - Presentation of Awards. 26.61 - National Awards. The national awards shall be presented at an ceremony, preferably one at which the recipient's peers are present. Encourage publicity and media coverage, using the opportunity to convey Smokey Bear's wildland fire prevention messages. This ceremony may include the presentation of locally produced awards. 1. National Golden Smokey Bear Award. The Director, Fire and Aviation Management Staff, Washington Office, coordinates presentations for this award. This award should be presented by the highest-level Forest Service or State Forestry official available. 2. National Silver and Bronze Smokey Bear Awards. The Regional Office, Area Office, or the State Forester's office coordinates the presentation ceremony for these awards. The awards should be presented by the highest-level Forest Service or State Forestry official available. The Regional Forester, Area Director, or the State Forester, or their respective representatives, should attend this ceremony. 26.62 - Other Awards. The Regional Forester or State Forester should present these awards; however, the presentation may be handled by a Forest Supervisor or an immediate subordinate to the State Forester. Frame the citations or place them in a high- quality certificate holders for presentation. 26.7 - Source of Supply for Awards. The Director, Fire and Aviation Management Staff, Washington Office, shall provide the National Gold, Silver, and Bronze Smokey Bear Awards, and lapel pins. Citations, citation holders, and appreciation plaques are available through the Cooperative Fire Prevention Materials (CFPM) catalog. 27 - EXHIBITS. 1. Exhibit 01 - Assignment and Waiver. Exhibit 01 is the suggested format used by the author of Smokey Bear artwork to assign and waive rights to that artwork. 2. Exhibit 02 - Assignment of Work Made for Hire. Exhibit 02 is the suggested format used by the author of Smokey Bear artwork when it is a work made for hire and the author is the sole and exclusive owner of the right, title, and interest in that piece of artwork. 3. Exhibit 03 - Certification by Employee/Artist. Exhibit 03 is the suggested format used by the author of Smokey Bear artwork to certify that it was created in the regular course of employment. 4. Exhibit 04 - Cooperative Agreement. Exhibit 04 is a sample of a completed cooperative agreement between the Forest Service and a public agency used in programs to prevent human-caused fires. The appendix to this agreement contains the Guidelines for use of Smokey Bear costume. ------------------------------------------------------------------------------- 27 - Exhibit 01 ASSIGNMENT AND WAIVER WHEREAS, William Painter having an address of, 2244 Tree Lane, Los Angeles, California (hereinafter: "Contractor"), is the author of artwork described in Schedule A; WHEREAS, said artwork has been created in the performance of a contract with the Forest Service, United States Department of Agriculture; WHEREAS, ownership of all Contractor's right, title, and interest in and to any copyright in said artwork and ownership of the tangible object(s) embodying said artwork are to be assigned to the United States of America, as represented by the Secretary of Agriculture, and any moral rights in said artwork are to be waived; NOW, THEREFORE, for and in consideration of these premises and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor assigns to the United States of America, as represented by the Secretary of Agriculture, all my right, title, and interest in and to any and all copyrights in the artwork described in Schedule A, throughout the universe, now or hereafter existing, including any renewals or extension of copyrights, and the unencumbered right to exercise such rights for any purpose in all media and by any manner and means now known or hereafter devised, throughout the universe, in perpetuity; Contractor further assigns to the United States of America, as represented by the Secretary of Agriculture, the tangible object(s) in which the artwork described in Schedule A is embodied; Contractor expressly and forever waives, with respect to the artwork described in Schedule A and with respect to any and all uses thereof, the rights of attribution and integrity arising under 17 U.S.C. 106A as more particularly described therein, and any rights arising under U.S. federal or state law or under the laws of any other country that recognizes rights of the same nature as those recognized under 17 U.S.C. 106A, or any other type of moral right or droit moral; Contractor covenants that Contractor is the sole author of the artwork described in Schedule A, that said artwork is wholly original with Contractor and has not been published previously in any other form, is not in the public domain, and does not infringe on any copyright or any other right of which Contractor is aware; Contractor further covenants that Contractor is the sole and exclusive owner of the right, title and interest assigned, and that Contractor has not previously assigned or licensed, or in any other way disposed of or encumbered, said artwork or any related right, title or interest; Contractor agrees to take whatever action, and to execute, acknowledge, and/or deliver any documents, that the United States from time to time may deem desirable or necessary to effectuate the provisions and purposes of this Assignment and Waiver, including, without limitation, those documents deemed desirable or necessary to obtain and secure to the United States copyright registration and protection, and renewals or extensions of copyrights, in any country; Contractor further agrees to cooperate fully with the United States in any controversy that may arise or litigation that may be brought concerning the right, title, and interest of the United States acquired herein; IN WITNESS WHEREOF, Contractor has executed this Assignment and Waiver this 1st day of October , 1999. Signature: /s/ William Painter Name: William Painter State of California County of Los Angeles Acknowledged before me this 1st day of October , 1999. Diane Washington Notary Public My commission expires December 31 , 2005 ------------------------------------------------------------------------------------------ 27 - Exhibit 02 ASSIGNMENT OF WORK MADE FOR HIRE WHEREAS, William Painter having an address of 1234 A Street, Los Angeles, CA (hereinafter: "Contractor"), is the author of artwork described in Schedule A, attached hereto and made a part hereof; WHEREAS, said artwork has been created in the performance of a contract with the Forest Service, United States Department of Agriculture; WHEREAS, ownership of all Contractor's right, title and interest in and to any copyright in said artwork and ownership of the tangible object(s) embodying said artwork are to be assigned to the United States of America, as represented by the Secretary of Agriculture; NOW, THEREFORE, for and in consideration of these premises and good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor assigns to the United States of America, as represented by the Secretary of Agriculture, all my right, title and interest in and to any and all copyrights in the artwork described in Schedule A, throughout the universe, now and hereafter existing, including any renewals or extensions of copyrights, and the unencumbered right to exercise such rights for any purpose in all media and by any manner and means now known or hereafter devised, throughout the universe, in perpetuity; Contractor further assigns to the United States of America, as represented by the Secretary of Agriculture, the tangible object(s) in which the artwork described in Schedule A is embodied; Contractor covenants that Contractor is the sole author of the artwork described in Schedule A, that said artwork is a work made for hire in that said artwork was prepared by Contractor's employee within the scope of his or her employment, that said artwork is wholly original with Contractor and has not been published previously in any form, is not in the public domain, and does not infringe on any copyright or any other right of which Contractor is aware; Contractor further covenants that Contractor is the sole and exclusive owner of the right, title and interest assigned, and that Contractor has not previously assigned or licensed, or in any other way disposed of or encumbered, said artwork or any related right, title or interest; Contractor agrees to take whatever action, and to execute, acknowledge, and/or deliver any documents, that the United States from time to time may deem desirable or necessary to effectuate the provisions and purposes of this Assignment, including without limitation, those documents deemed desirable or necessary to obtain and secure to the United States copyright registration and protection, and renewals or extensions of copyrights, in any country; Contractor further agrees that Contractor will cooperate fully with the United States in any controversy that may arise or litigation that may be brought concerning the right, title, and interest of the United States acquired herein; IN WITNESS WHEREOF, Contractor has executed this Assignment this 1st day of October , 1999 . Contractor's Name: William Painter By: /s/ Don Jones (signature) Name: Don Jones Title: Contracting Officer State of California County of Los Angeles Acknowledged before me this 1st day of October , 1999. Diane Washington Notary Public My commission expires December 31 , 2005. ----------------------------------------------------------------------------------------------- 27 - Exhibit 03 CERTIFICATION BY EMPLOYEE/ARTIST I certify that I have created the artwork described in Schedule A as an employee of USDA Forest Service in performance of the duties of my employment and in the regular course of my employment, and that I am not entitled to any copyright or any other right therein. IN WITNESS WHEREOF, I have executed this Certification this 1st day of October , 1999 . Signature: /s/ Bill Forester Name: Bill Forester State of Florida County of Leon Acknowledged before me this 1st day of October , 1999 . Diane Washington Notary Public My commission expires December 31 , 2005. -------------------------------------------------------------------------------------------- 27 - Exhibit 04 Agreement No. 99-051523 . COOPERATIVE AGREEMENT between Kern County Fire Department of Kern County, California and USDA, FOREST SERVICE THIS AGREEMENT, made and entered into, by and between, hereinafter referred to as the Cooperator, and the Forest Service, United States Department of Agriculture, acting through the hereinafter referred to as the Forest Service, witnesseth that: WHEREAS, Kern County Fire Department , is organized and maintained in Kern County, California , and WHEREAS, the Forest Service, as an agency of the Federal Government, is responsible for and conducts a Cooperative Forest Fire Prevention (CFFP) Program to stimulate active support and assistance between the Forest Service and Public agencies in working, to prevent human-caused fires, and WHEREAS, Kern County Fire Department is a major field unit not covered under the Cooperative Forest Fire Prevention Program, and WHEREAS, Kern County Fire Department is responsible for fire prevention and suppression activities within the boundaries of Kern County, California , and WHEREAS, distinct advantages will accrue by correlating and coordinating respective programs of both parties. NOW THEREFORE, the parties hereto desire to cooperate and mutually agree as follows: A. The Forest Service agrees to: 1. Provide Cooperator with initial CFFP campaign materials to be used as appropriate by free distribution. 2. Provide Cooperator with information, regulations, laws, and guidelines regarding the CFFP Program components and execution. 3. Provide the Cooperator with technical assistance as required. 4. Provide the Cooperator with the current Fire Prevention Materials Catalog. 5. Allow the Cooperator to purchase, use, and maintain the currently approved Smokey Bear costume(s) in accordance with current program policy and direction. B. The Cooperator agrees to: Serve as the CFFP Program liaison for Kern County which will include but not be limited to: 1. Distribution of CFFP campaign materials. 2. Spreading the "Smokey Bear" fire prevention message. 3. Purchasing currently approved Smokey Bear costume(s) for use in accordance with current regulations, and Forest Service policy and guidelines. 4. Making public appearances in the Smokey Bear costume at schools, parades, and other public functions in Kern County where it is beneficial to the wildfire prevention program. 5. Acknowledging the USDA Forest Service and the National Association of State Foresters as the primary sponsors of the CFFP Program and Smokey Bear. C. Both parties acknowledge: 1. That nothing herein shall be construed as obligating the Forest Service to expend or as involving the United States in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for this work. 2. That the United States shall not be liable to the Cooperator for any damages incident to the performance of work under this Agreement. 3. No member of, or Delegate to, Congress, or Resident Commission, shall be part of this agreement or to any benefit to arise from there, but the provision shall not be construed to extend to this agreement if made with a Corporation for its general benefit. 4. This cooperative work is authorized by PL 95-313, 16 U.S.C. 2101. 5. This agreement may be terminated by either party by giving 60 days' notice to the other in writing. Unless so terminated this agreement will remain in effect until December 31, 2005 . 6. That there will be no exchange of funds between the parties to this Agreement. 7. That the use of the Smokey Bear costume will be in accordance with approved guidelines, as referenced in the appendix to this agreement. Failure to comply with these guidelines will be justification for immediate termination of this Agreement. 27 - Exhibit 04--Continued 8. That the symbol Smokey Bear is the exclusive property of the USDA Forest Service, the National Association of State Foresters, and The Advertising Council, and that use thereof is in support of the goals and objectives of the Cooperative Forest Fire Prevention Program. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date above written. USDA FOREST SERVICE Pacific Southwest Region Signature: /s/ Joan Crosby Signature: /s/ Dirk McCloud Name: Joan Crosby Name: Dirk McCloud Title: Director, A&FM Title: Chief, Kern Co. FD Date: 10-1-99 Date: 10-1-99 Appendix GUIDELINES FOR USE OF SMOKEY BEAR COSTUME (For further direction, see Forest Service Handbook 5109.18, ch. 20) Individuals and organizations who own and/or use the Smokey Bear costume must agree to the following: 1. Use the costume only to further public information, education, and awareness of the need to prevent wildland fires. 2. Do NOT speak during costumed appearances unless equipped with the currently licensed Smokey Bear voice modulator system. The accompanying uniformed agency representative should provide the conversation and explanation. 3. Use of the Smokey Bear voice modulator is approved for use with the costume as appropriate. The voice modulator system is not to be used for conversation but to provide fire prevention information or respond to fire prevention questions keeping answers very short and to the point. 4. Never appear in less than full costume. 5. Remain anonymous at every appearance and in any publicity connected with an appearance. 6. Use only costumes that are clean, complete, and in the best presentable condition. 7. Keep the costume out of sight, before and after use. 8. Appear dignified and friendly. Avoid clowning and horseplay. 9. Always be accompanied by uniformed agency escort(s) at appearances, except where not practical, such as on a parade float where space is limited. 10. Never use drugs or alcohol prior to or during the Smokey Bear appearance. This requirement applies to the escort as well. Guidelines for Smokey Bear Appearances. At least one uniformed agency representative should be available to help the designated performer into the Smokey Bear costume and to escort the costumed Smokey Bear during the appearance. The escort and the designated performer should secure a private dressing area for putting on and taking off the costume to ensure that Smokey Bear is never seen partially costumed by any members of the public. Restrooms open to the public are not acceptable. Once the costume is completely donned, the escort(s) shall inspect the costume for appearance. Check for the following: - Is the drawstring at the nape of the neck tucked in? - Is the belt firmly fastened to the pants? - Are the buttons fastened? - Are the pants cuffs turned up and neat? - Is the hat crown in the proper shape? - Is the head resting straight on the shoulders? - Is the fur neatly brushed? - Are the feet and trousers bottoms fitting correctly? - Is the overall appearance dignified and neat? A round-pointed shovel is part of the Smokey Bear image and may be used during appearances when appropriate and practical. Ensure the shovel is clean and the edges have been dulled. The presence of the uniformed escort reinforces the wildland fire prevention messages by the visual association of Smokey with an agency representative. The uniformed escort should: 1. Guide Smokey Bear by the elbow, steering the costumed performer (whose vision is limited because of the costume) away from hazards and informing the performer of upcoming obstacles such as steps, uneven ground, or crowds. 2. Serve as the spokesperson for Smokey Bear, delivering fire prevention messages on behalf of Smokey Bear. 3. Actively participate while Smokey Bear interacts with the public. The escort, in most cases, is the one who articulates the messages and hands out fire prevention materials while Smokey acts out the role. 4. Take care to ensure there is no appearance of commercial endorsement by Smokey Bear, the escort, or the sponsoring agency by picking suitable backdrops and props for multimedia reproductions and public photo opportunities. Rules for the person wearing the Smokey Bear costume: 1. Exhibit appropriate animation that expresses sincerity and interest in the activities of the event by exaggerated movements of the arms, head, and legs. 2. Never force Smokey Bear on children or timid people. If a child appears frightened, the performer should turn away and initiate contact with someone else. Never walk rapidly toward small children four years old or younger. In addition to this, avoid sudden movements toward children. The costume is extremely hot and has very little air circulation. Limit time in the costume to 20-30 minutes or until the wearer indicates a need for a rest. Ensure that the costume wearer does not get overheated by staying in the costume for too long a period of time. Compartmentalized vests containing coolant packets and battery powered fans mounted in the costume hat (available from the manufacturer) can be used to help keep the costumed performer cooler. Several other cooling options are available from the costume manufacturers and suppliers of hazardous materials suppliers. Guidelines for Care and Maintenance of the Smokey Bear Costume. 1. Do not use the costume unless it is clean, complete, and in good repair and presents an acceptable appearance. Local cleaning of the costume is acceptable, but cleaning and repair by the costume manufacturer is preferred and recommended. 2. After each appearance, allow the costume to thoroughly air dry before replacing it in its storage box. Check the costume for needed repairs or cleaning. Note repair or cleaning needs on the outside of the storage box for immediate follow-up and notify the responsible party if follow-up is needed. 3. Follow the manufacturer's instructions for replacing the costume in the storage box, to avoid damaging the individual parts. Guidelines for Security of Smokey Bear Costume. Protect the Smokey Bear costume from theft or vandalism. Eliminate unauthorized use which may result in adverse publicity and immeasurable harm to the image of Smokey Bear as a symbol of wildland fire prevention. 1. The Smokey Bear costume is an accountable property item under the current Forest Service accountability requirements. All costume owners should keep the Smokey Bear costume locked and secured. 2. Use a sign-out/sign-in system to regulate the use of the costume. 3. Mark the costume box to say, "Warning, unauthorized use or possession of this costume is not permitted." 4. Immediately report a theft of a Smokey Bear costume to the appropriate law enforcement authorities, and request prompt action to gain its recovery. 5. Ensure that the costume is destroyed when a responsible authority determines that the costume is no longer in a usable or repairable condition. Follow agency requirements for disposal of accountable property items. Upon approval for disposal, render the costume unrecognizable by cutting, tearing, burning, or otherwise totally destroying all the components.