Common use of Fire Investigation Clause in Contracts

Fire Investigation. ‌ If probable cause indicates human involvement, a Wildland Fire Investigator (INVF) should be ordered to conduct an investigation. Investigations and all ensuing legal actions beyond origin and cause determination are the responsibility of the affected Jurisdictional Agencies; however, investigation support may be requested from the Protecting Agency subject to resource availability and appropriate regulations and agency limitations. It is best if a Federal INVF leads investigations under Federal jurisdictions and a State INVF leads investigations under State jurisdiction. Protecting FMOs will coordinate with jurisdictions to ensure all agency requirements for investigations are met. The Lead Investigating Agency is typically the Jurisdictional Agency at the point of origin; however, other affected Jurisdictional Agencies may also initiate investigations. The Lead Agency will notify all affected agencies immediately when the decision is made to pursue an investigation beyond origin and cause or seek cost recovery on an incident in order to proceed jointly and cooperatively if desired. When incidents affect multiple agencies lands, collections will be pursued jointly and cooperatively by each affected agency to the extent practical. See Clause 48. Chapter 18 of the Interagency Standards for Fire and Fire Aviation Operations (Red Book) xxxxx://xxx.xxxx.xxx/policies/pol_ref_redbook.html summarizes Federal policy regarding fire trespass investigation. Additional interagency direction is contained in PMS 412, Guide to Wildland Fire Origin and Cause Determination xxxxx://xxx.xxxx.xxx/publications/412 and Agency-specific references include: • BLM – 9238-1 17 • NPS – RM-18, Chapter 6 and RM-9 Chapter 18 • FWS – Fire Management Handbook Chapter 18 • USFS – FSM 5130 and FSM 5320 • BIA – 53 IAM Chapter 7-H and 90IAM 1.4C (9) • Alaska DNR – Alaska Statutes, Regulations, and Policy and Procedures Manual references are currently being revised.

Fire Investigation. ‌ If probable cause indicates human involvement, a two Wildland Fire Investigator Investigators (INVF) should be ordered to conduct an investigation. Investigations and all ensuing legal actions beyond origin and cause determination are the responsibility of the affected Jurisdictional Agencies; however, investigation support may be requested from the Protecting Agency subject to resource availability and appropriate regulations and agency limitations. It is best if a Federal INVF leads investigations under Federal jurisdictions and a State INVF leads investigations under State jurisdiction. Protecting FMOs will coordinate with jurisdictions to ensure all agency requirements for investigations are met. The Lead Investigating Agency is typically the Jurisdictional Agency at the point of origin; however, other affected Jurisdictional Agencies may also initiate investigations. The Lead Agency will notify all affected agencies immediately when the decision is made to pursue an investigation beyond origin and cause or seek cost recovery on an incident in order to proceed jointly and cooperatively if desired. When incidents affect multiple agencies lands, collections will be pursued jointly and cooperatively by each affected agency to the extent practical. See Clause 48Section VII.5. Chapter 18 of the Interagency Standards for Fire and Fire Aviation Operations (Red Book) xxxxx://xxx.xxxx.xxx/policies/pol_ref_redbook.html summarizes Federal policy regarding fire trespass investigation. Additional interagency direction is contained in PMS 412, Guide to Wildland Fire Origin and Cause Determination xxxxx://xxx.xxxx.xxx/publications/412 and Agency-specific references include: •  BLM – 92380000-1 17 • NPS 0 00  XXX – RM-18, Chapter 6 and RM-9 Chapter 18 •  FWS – Fire Management Handbook Chapter 18 •  USFS – FSM 5130 and FSM 5320 •  BIA – 53 IAM Chapter 7-H and 90IAM 1.4C (9) •  Alaska DNR – Alaska Statutes, Regulations, and Policy and Procedures Manual references are currently being revised.

Fire Investigation. ‌ If probable cause indicates human involvement, a Wildland Fire Investigator (INVF) should be ordered to conduct an investigation. Investigations and all ensuing legal actions beyond origin and cause determination are the responsibility of Jurisdictional Agencies. the affected Jurisdictional Agencies; however, investigation support may be requested from the Protecting Agency subject to resource availability and appropriate regulations and agency limitations. It is best if a Federal INVF leads investigations under Federal jurisdictions and a State INVF leads investigations under State jurisdiction. Protecting FMOs will coordinate with jurisdictions to ensure all agency requirements for investigations are met. The Lead Investigating Agency is typically the Jurisdictional Agency at the point of origin; however, other affected Jurisdictional Agencies may also initiate investigations. The Lead Agency will notify all affected agencies immediately when the decision is made to pursue an investigation beyond origin and cause or seek cost recovery on an incident in order to proceed jointly and cooperatively if desired. When incidents affect multiple agencies lands, collections will be pursued jointly and cooperatively by each affected agency to the extent practical. See Clause 4853Jurisdictional Agencies may request investigation support from the Protecting Agency subject to resource availability and appropriate regulations and agency limitations. Additional requirements may apply for some agencies, but all investigations will be performed by a qualified Wildland Fire Investigator (INVF). BLM strongly recommends that fire investigations on BLM lands be performed by INVFs that are federal employees, and that all criminal investigations are performed by Federal Law Enforcement Officers with INVF qualifications (H9238-1, BLM Fire Trespass Handbook).. Chapter 18 of the Interagency Standards for Fire and Fire Aviation Operations (Red Book) xxxxx://xxx.xxxx.xxx/policies/pol_ref_redbook.html summarizes Federal policy regarding fire trespass investigation. Additional interagency direction is contained in PMS 412, Guide to Wildland Fire Origin and Cause Determination xxxxx://xxx.xxxx.xxx/publications/412 and Agency-specific references include: • BLM – 9238-1 17 • NPS – RM-18, Chapter 6 and RM-9 Chapter 18 • FWS – Fire Management Handbook Chapter 18 • USFS – FSM 5130 and FSM 5320 • BIA – 53 IAM Chapter 7-H and 90IAM 1.4C (9) • Alaska DNR – Alaska Statutes, Regulations, and Policy and Procedures Manual references are currently being revised.5320