1596-1599.04e Page 1 of 12 FSM 1500 - EXTERNAL RELATIONS WO AMENDMENT 1500-90-1 EFFECTIVE 6/1/90 1596 - RURAL FIRE DEFENSE UNDER CIVIL DEFENSE AUTHORITIES. Rural fire defense (RFD) is a national program which develops plans and directs activities related to the prevention and control of fires caused by the effects of enemy attack in rural areas of the United States. The term "directs" means coordinating the forces, equipment, plans, and action in an orderly fashion to bring about maximum strength for the entire rural fire defense activity. The national program recognizes agency responsibilities and requires close cooperation with Federal, State, and local agencies. 1596.01 - Authority. Executive Order 11490 assigns certain emergency preparedness functions to the Secretary of Agriculture. Section 804(1) identifies rural fire function. The Secretary has assigned this function to the Forest Service in U.S. Department of Agriculture Administrative Regulations, title 1, chapter 4. 1596.02 - Objective. The objective is to keep damage in the postattack period below the point where it would seriously interfere with national defense, recognizing (1) public health and safety, (2) the importance of essential agricultural field crops and forest products, and (3) protection from rural fire of other resources and facilities vital to national security and survival. 1596.03 - Policy 1. Forest Service will use all media available to promote and keep the public informed of current rural fire defense capability. 2. Forest Service representatives attending civil defense meetings should be well informed concerning all phases of the program and be prepared to answer inquiries. In the absence of such requests, they should volunteer the information needed to keep the other participants knowledgeable concerning rural fire defense activities. 1596.04 - Responsibility 1. Forest Service. The Deputy Chief, State and Private Forestry, is responsible for national administration of the rural fire defense program. The Director of Cooperative Fire Protection is assigned staff responsibilities. 2. Rural Organizations. Rural firefighting organizations at all levels will continue to be primarily responsible for fire defense on all lands under their jurisdiction in accordance with peace-time agreements and arrangements. 1597 - CIVIL DEFENSE COOPERATION 1597.1 - Forest Products Availability. The memorandum of understanding negotiated with the Business and Defense Services Administration, October 1967, (ex. 1) is still applicable. However, the Business and Defense Services Administration, Department of Commerce, is now known as the Bureau of Domestic Commerce. See exhibit 10 of the USDA Emergency Operations Hand book for instructions on preparation of the timber resources report. 1. Executive Order 11490. Executive Order 11490, dated October 28, 1969, assigned emergency preparedness functions to the Secretary of Commerce. 2. Order Provisions. Under the terms of Executive Order 11490, the Secretary of Commerce is directed to develop and prepare emergency programs and plans, covering, among other things, the (1) production and distribution of all materials, and (2) use of all production facilities; (3) control of all construction materials, and (4) furnishing of basic industrial services, subject to the cited exceptions, such as agricultural items, fuels, and power which are the responsibility of other Departments. 3. Bureau of Domestic Commerce Delegations. The Department of Commerce has delegated to the Bureau of Domestic Commerce (BDC) several of its assigned preparedness activities. These delegated functions involve resource and service requirements, resources availability, priorities and allocations, location of new construction, industry evaluation, production capability, and stockpiles. 4. Cooperation Between Bureau of Domestic Commerce and Forest Service. As provided under Executive Order 11490, the Secretary of Commerce is directed to utilize the capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements. Within this framework, the memorandum of understanding shown in exhibit 1 has been executed. This memorandum sets forth general working relationships, with respect to certain defense activities involving forests and forest products. Exhibit 1 MEMORANDUM OF UNDERSTANDING between THE BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE, and THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE This Memorandum sets forth general working relationships between the Business and Defense Services Administration, Department of Commerce, and the Forest Service, Department of Agriculture, with respect to certain defense activities involving forests and forest products. This Memorandum will have application to two conditions, namely (1) mobilization without attack on the United States, and (2) mobilization with attack on the United States. The closest possible liaison between the Business and Defense Services Administration and the Forest Service is essential to full realization of the benefits inherent in this Memorandum. Upon signing of this Memorandum the Forest Service will designate a liaison officer to work with the Forest Products Division or its successor Divisions of the Business and Defense Services Administration to insure close working relationships in developing plans and carrying out activities under this Memorandum. In the discharge of its responsibilities under the Defense Production Act of 1950, as amended, the Business and Defense Services Administration will as hereinafter provided call on the Forest Service to perform those tasks which the Forest Service can perform effectively by virtue of its regularly established organization of trained personnel and its working relationships with State forestry agencies, forest industries, and consulting foresters. The Forest Service will discharge its commitments under this Memorandum to the extent of funds allocated and available for such purposes. In the event of disruption of communications between the National Headquarters of BDSA and the Regional Headquarters of any Regional Production Director of BDSA, the provisions of this Memorandum shall be exercised by the Regional Production Director(s) of BDSA, within his (their) region(s), until such time as communications with National Headquarters of BDSA are reestablished. The Forest Service representative(s) will establish, in such case(s), liaison through U.S. Department of Agriculture Regional and/or Area Representative(s) with the Regional Production Director(s) of BDSA. During such periods of time as communications between any Department of Commerce Field Office and both its cognizant Regional Production Director and the National Headquarters of BDSA are inoperative, the authority of the National Headquarters of BDSA and the Regional Headquarters of any Regional Production Director of BDSA is delegated, as provided in BDSA Emergency Del. 1, as amended, to the Department of Commerce Field Office Manager. In this situation the Forest Service will establish liaison with the Field Office Manager(s) as well as with the Regional Production Director(s). Under these conditions the geographic boundaries of BDSA Regions 1 through 8, and the Department of Commerce Field Office boundaries will be as shown in BDSA Emergency Del. 1, as amended. With respect to mobilization without attack, the fields in which Forest Service will provide information and assistance, when requested by the Business and Defense Services Administration, include by way of illustration: (a) Surveys and Reports (1) Availability of stumpage, by kind, grade, locality, and specific uses. (2) Supplies and production of timber based raw material available for defense purposes, by amounts, quality, location and availability, including such items as sawlogs, pulpwood, poles, piling, extract wood, and miscellaneous bolts. (3) Surveys of kinds and condition of equipment and supplies on hand and needed to reach and maintain determined levels of production in the forest industry, including appraisal of possibilities of substitution and increased efficiency. (4) Periodic and special reports on factors affecting production of forest products. (5) Availability of wood raw material for the production of survival items (see list attached). (6) Suggestions for means of meeting determined levels of production in the forest industry through diversion, substitution of species, new specifications or changes in specifications, increased imports or other measures. (b) Special Studies With regard to any application for loans or other types of financial incentive the Forest Service will review such applications whenever issues of timber resources, management or other timber questions are involved and submit its recommendations to BDSA National Headquarters. (c) Program Assistance The Forest Service will assist in developing comprehensive service programs to stimulate production among forest landowners and timber operators, and if feasible, execute such programs in cooperation with appropriate state Forest Service Agencies. Under an attack situation the Business and Defense Services Administration also may call upon the Forest Service to perform additional emergency services, including, but not limited to, the determination of production capabilities of surviving plants and logging facilities of the forest products industry and recommend to National Headquarters of BDSA, appropriate Regional Production Director(s) of BDSA, or appropriate Department of Commerce Field Office Manager, through proper channels, the most effective means of restoration of production, including cannibalizing of equipment or need for additional equipment. Any matters not covered herein that may require resolution and agreement will be negotiated by representatives of the two agencies in accordance with the terms and spirit of this memorandum. In the event the mobilization responsibilities of the Business and Defense Services Administration or the Forest Service are assigned to other agencies, each agency which is a party hereto will call this Memorandum to the attention of its successor agency. This Memorandum of Understanding supersedes the Memorandum of Understanding signed in August 1960. Attachment Signed at Washington, D.C. Date: October 6, 1967 BUSINESS AND DEFENSE SERVICES ADMINISTRATION By: /S/ Rodney L. Borum Administrator Date: October 6, 1967 U.S. FOREST SERVICE By: /S/ Edward P. Cliff Chief USCOMM-DC 1597.2 - Radiological Monitoring. The memorandum of understanding between USDA and the Defense Civil Preparedness Agency (DCPA) of the Department of Defense (ex. 1) does not alter USDA's basic defense preparedness responsibility for food and agriculture and related resources. The primary change is in the radiological monitoring program. The following are some highlights from the memorandum: 1. An extensive monitoring system to verify the radiological acceptability of food in the early postnuclear attack period is neither feasible nor required. 2. DCPA will arrange to provide USDA, at both national and field levels, the essential monitoring and attack information which USDA needs to evaluate the effects of attack on livestock, crops, food facilities and other resources under USDA jurisdiction. USDA will maintain a radiological monitoring capability only where necessary to perform its assigned responsibilities. 3. Department employees will be encouraged to participate, as individuals, in local civil defense activities, including monitoring where this will not interfere with Department responsibilities. 4. The Department will assist State and local governments to maintain an effective local civil defense program. 5. The Department will be represented at State civil defense offices to ensure close cooperation in tests and actual emergencies. 6. DCPA will assist the Department in developing techniques for estimating attack damage to resources for which the Department is responsible. Exhibit 1 MEMORANDUM OF UNDERSTANDING 1/ BETWEEN THE U.S. DEPARTMENT OF AGRICULTURE AND DEFENSE CIVIL PREPAREDNESS AGENCY I. PURPOSE AND SCOPE This Memorandum of Understanding describes the relationship and supporting activities of the U.S. Department of Agriculture and the Defense Civil Preparedness Agency necessary to accomplish the National Civil Defense Program and related civil preparedness activities. II. RESPONSIBILITIES A. The Defense Civil Preparedness Agency (DCPA) is responsible for providing an effective and viable National Civil Defense Program in accordance with the Federal Civil Defense Act of 1950, as amended, and Executive Order 10952, "Assigning Civil Defense Responsibilities to the Secretary of Defense and Others", July 20, 1961. In addition, DCPA* provides guidance and assistance to State and local governments in their preparedness against disasters in accordance with the Statement of Understanding Between the Federal Disaster Assistance Administration (FDAA) and DCPA, dated November 6, 1974. Particular emphasis is directed to disaster preparedness functions to comply with the intent of Congress expressed in the Disaster Relief Act of 1974 (PL 93-288). B. The U.S. Department of Agriculture (USDA) is responsible for the preparation of national emergency plans and the development of preparedness programs covering (1) food resources, farm equipment, fertilizer, and food resource facilities; (2) lands under the jurisdiction of the Secretary of Agriculture; (3) rural fire control; (4) defense against biological and chemical warfare and radiological fallout pertaining to agricultural activities; and (5) rural defense information and education, as assigned by Executive Order 11490, "Assigning Emergency Preparedness Functions to Federal Departments and Agencies, October 28, 1969, as amended, and in consonance with National Civil Defense Programs developed by the Department of Defense, where required by that order. USDA is also responsible for functions under Section 201(h) of the Federal Civil Defense Act of 1950, as amended, to the extent that they pertain to the **stockpiling of food, in accordance with Executive Order 10958, August 14, 1961, as amended, "Delegating Functions Respecting Stockpiles of Medical Supplies and Equipment and Food". III. RELATIONSHIP The relationship of the USDA to DCPA and with State and local governments in the civil defense program is supportive with respect to the programs carried out by State and local governments. USDA field personnel are urged to support local and State governments as a member (volunteer) of the regular constituted local or State government civil defense organization where this will not interfere with specific assigned responsibilities of that individual to USDA. In the area of radiological monitoring the equipment required will be provided, inspected and maintained by the appropriate local government and State radiological maintenance and calibration facility. IV. SPECIFIC FUNCTIONS A. DCPA will: 1. In consonance with Presidential guidance develop policies, procedures and concepts for the overall U.S. Civil Defense Program. 2. Provide that USDA will be a primary participant in any activities of the U.S. Interagency Civil Defense Coordinating Committee. 3. Continue the Rural Civil Defense Program which requires support and assistance by USDA. 4. Continue a national civil defense test and exercise program which requires support and assistance by USDA. 5. Arrange to provide USDA at national and field levels the essential monitoring and attack information which USDA requires to evaluate properly the effects of attack on livestock, crops, food facilities and other resources under USDA jurisdiction. 6. Assist USDA in developing a manual and appropriate computerized damage estimation system. 7. Encourage State civil defense directors to include space in State emergency operating centers (EOC's) for use by USDA. 8. Encourage local government officials to use USDA field employees as individuals to assist them in local civil defense operations, including radiological monitoring and damage assessment, where this will not interfere with specific assigned responsibilities of that individual to USDA. 9. Provide training to USDA employees on civil defense organization, programs, policies and procedures. 10. Continue to provide radiological instruments to those USDA agencies which must maintain a radiological capability to carry out their specific responsibilities and arrange for the maintenance and calibration of these instruments through appropriate State radiological maintenance and calibration facilities at no cost to USDA. 11. Encourage State Civil Defense Directors to provide their fullest cooperation to State Foresters and other appropriate State officials cooperating with USDA, Forest Service, in rural fire defense and rural community fire protection programs, in obtaining equipment under the federal contribution load program, which is suitable for use in those programs and can be converted in accordance with DCPA Circular 74-1, as amended. B. USDA will: 1. Develop the required plans and conduct the essential operations **as set forth by Executive Orders 10958 and 11490. 2. Continue to participate in the National Civil Defense Program in a supportive role with respect to programs carried out by State and local governments. 3. Provide assistance to State and local governments necessary to obtain an effective Rural Civil Defense Program. 4. Encourage its employees at the local levels of government to participate as individuals in the local Civil Defense Program, in tests and exercises, and in actual emergencies, where this does not interfere with specific responsibilities assigned to such employees by USDA. 5. Continue to maintain a radiological monitoring capability where it is necessary to have this capability to perform USDA assigned responsibilities. 6. Provide primary and alternate representatives to the U.S. Interagency Civil Defense Coordinating Committee. 7. Return unneeded DCPA radiological instruments to appropriate State radiological maintenance and calibration facilities as prescribed by DCPA. 8. Provide appropriate USDA representatives to State Civil Defense offices for assistance in State EOC's, for training, tests and exercises, and actual emergency operations, involving food and agriculture concerns. 9. Encourage State and Local jurisdictions to enter into cooperative agreements to effectively utilize Federal excess property for rural fire protection. V. COOPERATION AND COORDINATION DCPA and USDA will closely cooperate and coordinate all matters concerning civil defense functions and insure guidance to field elements is disseminated to such elements through respective communications channels simultaneously. VI. REVIEW AND REVISION This Memorandum will be reviewed and revised as may be required and desirable. 1/ This memorandum of understanding supersedes a similar memorandum subscribed to by these two agencies on December 8, 1972. APPROVED: DEFENSE CIVIL PREPAREDNESS U.S. DEPARTMENT OF AGENCY AGRICULTURE BY BY Director Secretary Defense Civil Preparedness Agency U.S. Department of Agriculture DATE DATE *New material inserted where indicated in Items II A, IV A 11 and IV B 9. **Executive order referred to where indicated in items II B and IV B 1 has been revoked by Executive Order 11794. 1599 - SEARCH AND RESCUE OPERATIONS. The Forest Service recognizes its public duty to render assistance in cases involving persons lost in the National Forest System and to transport persons seriously ill, injured, or deceased from the National Forest System lands to a point where the person or body may be transferred to interested parties or local authorities. 1599.01 - Authority. The payment of necessary expenses incurred in search and rescue operations is authorized by 16 U.S.C. 575: "The Secretary of Agriculture is authorized in cases of emergency to incur such expenses as may be necessary in searching for persons lost in the National Forest and in transporting such persons seriously ill, injured, or who die within the National Forests to the nearest places where the sick or injured person, or the body may be transferred to interested parties or local authorities." This statute imposes no duty, the breach of which would be actionable at law, on the Forest Service to search for and rescue persons lost in the National Forest. It merely authorizes the Forest Service to incur necessary expenses in search and rescue operations. The legislative history of the statute shows there is nothing to suggest that the reason for authorizing the Forest Service to incur expenses in search and rescue operations was to relieve States, counties, or other political subdivisions from undertaking, or participating in, search and rescue on National Forests. Congress did not contemplate that the Forest Service respond to every search and rescue situation on the National Forests. The letter from Acting Secretary R.W. Dunlap to Chairman McNary, Committee on Agriculture and Forestry, United States Senate, 71st Congress, stated: "The class of cases this bill is designed to cover includes only those where forest officers are forced by circumstances to assume responsibility. On such occasions there is not time for delay; the officer must function immediately, the incurring of expenses for provision, horse hire, and the like, being one of his first actions. He should be clothed with unqualified authority to certify such bills to the designated disbursing officer for settlement from regularly appropriated moneys. A direct responsibility to render all reasonable aid under such circumstances unavoidably attaches to the Government, and accordingly provision certainly should be made for paying the expenses necessarily incurred in such undertakings from public funds." The Acting Secretary's letter suggests that the Forest Service, while perhaps better qualified, would be only one of several available search and rescue organizations, both public and private. The letter states: ". . . the need for a law of this character is becoming more urgent annually. Each year brings an increasing number of visitors to forest areas seeking recreation and diversion, and in consequence more persons are lost in the mountains and more accidents occur. Almost invariably there is a strong public demand that the local forest officers, who are public officials thoroughly familiar with the country and peculiarly fitted for such work, shall assume leadership in the relief or rescue activities. Failure to do so would cause strong public disapproval and resentment with very unfavorable reaction upon the work not only of the individual officer but of the Forest Service. There are, however, many instances where local residents or other forest visitors organize search or relief parties, the expenses being borne by the individuals personally, or paid by public subscription." 1599.02 - Objective. To render assistance in cases involving persons lost in the National Forest, transporting persons who are seriously ill or injured, or who die inside National Forest System lands, to the nearest place where the sick or injured person or where the body may be transferred to interested parties or local authorities. 1599.03 - Policy. The role of the Forest Service in search and rescue is one of supporting and developing strong local and State leadership. The local public authority, usually the county sheriff, is the agency with primary responsibility for the protection of life and property. Field personnel must continue to be responsive to the public needs as they involve these aspects, with emphasis toward supporting and cooperating with the local officials. The Forest Service shall take a temporary lead role in any search and rescue emergency in which immediate and quick response will reduce suffering or save lives. The concept of closest forces must be used and the lead role maintained only until the predetermined local responsible authority is available to assume its leadership. After transferring the leadership role, the Forest Service shall assume a supportive role and provide assistance to the fullest extent possible. When the Forest Service has assumed the lead role, direct expenses incurred shall be paid from Forest Service appropriated funds. Instructions covering overtime shall be followed whenever overtime is incurred in search and rescue missions (FSM 6153). The above policy applies when the Forest Service has assumed a supporting role with the following exceptions: 1. Contract aircraft, when possible, shall be released to the responsible search and rescue agency, and payment for services rendered shall become the responsibility of that local agency. 2. When local lead agency requests volunteers from the Forest Service, the volunteers become agents of the local agency, and expenses are borne personally or by local agency. The benefited party shall not be billed for costs that the Forest Service incurs during search and rescue missions. There is no authority for expenditure of Forest Service funds to render search and rescue assistance to persons outside the exterior boundaries of the National Forest System. However, if a search starts inside the exterior boundaries of the National Forest System, it may extend to areas immediately outside these boundaries if the exigencies of the situation demand. Full support and encouragement shall be given local agencies to cooperate and coordinate with the Air Force Rescue Coordination Center at Scott Air Force Base. The Forest Service shall not duplicate or compete with existing resources. 1599.04 - Responsibility 1599.04a - Department of Agriculture (Reserved) 1599.04b - Forest Service. The Secretary has delegated to the Chief search and rescue responsibilities in the National Forest System. The Fiscal and Accounting Management Staff, Law Enforcement Group, has been assigned search and rescue responsibilities in the Washington Office. 1599.04c - Regional Forester. Each Regional Forester will develop standards and guides necessary to coordinate with search and rescue activity in each Region. 1599.04d - Forest Supervisor. The Forest Supervisor shall develop search and rescue plans and provide guidance to the District Rangers. Search and rescue activities on experimental Forests shall be coordinated with the local Research administrator. 1599.04e - District Ranger. District Rangers are responsible for conducting search and rescue activities within established guidelines.