Law Enforcement Specific Activities. All Federal and State law enforcement personnel associated with the agencies signatory to this agreement are encouraged to cooperatively train and to gain a familiarity with each organization and methodologies. Joint law enforcement operations pertaining to the enforcement of forest and fire laws are encouraged. The agency with DPA responsibility will conduct applicable law enforcement duties when State or Federal law, and an agency’s policy, allows and requires that the activity be conducted by law enforcement personnel. The Cooperative Law Enforcement Agreement between CAL FIRE and the Pacific Southwest Region, see Attachment 1 of this Exhibit, designates USFS LE personnel (officers, rangers, and special agents) as Voluntary Fire Wardens (VFW-LEs) and affords those personnel the law enforcement authorities of peace officers with the purpose of enforcing the State’s forest and fire laws. State LE personnel may conduct applicable law enforcement activities upon FRA within State DPA and enforce applicable State laws. Federal personnel may conduct applicable law enforcement activities on SRA within Federal DPA and enforce applicable State forest and fire laws. The specific responsibilities for these activities will be identified in the Operating Plan. Federal and State LE personnel will perform law enforcement duties on SRA/FRA within their respective DPAs when LE personnel have the requisite authority, jurisdiction, and availability. Anticipated activities include, but are not limited to: Custodial arrests for actions related to a wildland fire investigation or forest and fire law regulation action. Issuances of citations for forest and fire law violations. Fire investigation or forest and fire law regulation action that requires armed personnel. Federal LE personnel initiating criminal actions on behalf of the Director will provide the State with information necessary for the State Law Enforcement Report (LE-30). State personnel will create annual reports of criminal actions they initiate for violations on FRA within State DPA and provide them to the Federal LE agencies. The information shall be provided to the agency’s respective unit or forest headquarters law enforcement personnel, via channels identified in the OP. If LE is required upon SRA/FRA within the other’s DPA, but no LE is immediately available from the agency having DPA responsibility, the agency with DPA responsibility shall immediately inform the jurisdictional agency. The jurisdictional agency will provide an estimated time as to when the soonest law enforcement officer will be available and responding.
Appears in 3 contracts
Samples: Share Agreement, Share Agreement, Share Agreement
Law Enforcement Specific Activities. All Federal and State law enforcement personnel associated with the agencies signatory to this agreement are encouraged to cooperatively train and to gain a familiarity with each organization and methodologies. Joint law enforcement operations pertaining to the enforcement of forest and fire laws are encouraged. The agency with DPA responsibility will conduct applicable law enforcement duties when State or Federal law, and an agency’s policy, allows and requires that the activity be conducted by law enforcement personnel. The Cooperative Law Enforcement Agreement between CAL FIRE and the Pacific Southwest Region, see Attachment 1 of this Exhibit, designates USFS LE personnel (officers, rangers, and special agents) as Voluntary Fire Wardens (VFW-LEs) and affords those personnel the law enforcement authorities of peace officers with the purpose of enforcing the State’s forest and fire laws. State LE personnel may conduct applicable law enforcement activities upon FRA within State DPA and enforce applicable State laws. Federal personnel may conduct applicable law enforcement activities on SRA within Federal DPA and enforce applicable State forest and fire laws. The specific responsibilities for these activities will be identified in the Operating Plan. Federal and State LE personnel will perform law enforcement duties on SRA/FRA within their respective DPAs when LE personnel have the requisite authority, jurisdiction, and availability. Anticipated activities include, but are not limited to: ▪ Custodial arrests for actions related to a wildland fire investigation or forest and fire law regulation action. ▪ Issuances of citations for forest and fire law violations. ▪ Fire investigation or forest and fire law regulation action that requires armed personnel. Federal LE personnel initiating criminal actions on behalf of the Director will provide the State with information necessary for the State Law Enforcement Report (LE-30). State personnel will create annual reports of criminal actions they initiate for violations on FRA within State DPA and provide them to the Federal LE agencies. The information shall be provided to the agency’s respective unit or forest headquarters law enforcement personnel, via channels identified in the OP. If LE is required upon SRA/FRA within the other’s DPA, but no LE is immediately available from the agency having DPA responsibility, the agency with DPA responsibility shall immediately inform the jurisdictional agency. The jurisdictional agency will provide an estimated time as to when the soonest law enforcement officer will be available and responding.
Appears in 2 contracts
Samples: Share Agreement, Share Agreement
Law Enforcement Specific Activities. All Federal and State law enforcement personnel associated with the agencies signatory to this agreement are encouraged to cooperatively train and to gain a familiarity with each organization and methodologies. Joint law enforcement operations pertaining to the enforcement of forest and fire laws are encouraged. The agency with DPA responsibility will conduct applicable law enforcement duties when State state or Federal federal law, and an agency’s policy, allows and requires that the activity be conducted by law enforcement personnela peace officer. The Cooperative Law Enforcement Agreement between CAL FIRE and the Pacific Southwest Region, see Attachment 1 of this Exhibit, designates USFS LE personnel (officers, rangerswill perform law enforcement duties including conducting fire origin and cause determinations, and special agents) as civil or criminal case potential notification on SRA within Federal DPA only when, USFS LE personnel have the requisite authority, jurisdiction, availability, and USFS LE personnel have been designated Voluntary Fire Wardens Warden‐Peace Officer (VFW-LEsVFW‐PO) and affords those personnel by the law enforcement authorities of peace officers with the purpose of enforcing the State’s forest and CAL FIRE Director. The responsibilities for fire laws. State LE personnel may conduct applicable law enforcement activities upon FRA within State DPA and enforce applicable State laws. Federal personnel may conduct applicable law enforcement activities on SRA within Federal DPA and enforce applicable on FRA in State forest DPA and fire laws. The specific responsibilities for these activities agencies’ intent will be identified in the local Annual Operating Plan. Federal and State LE personnel These activities will perform law enforcement duties on SRA/FRA within their respective DPAs when LE personnel have the requisite authority, jurisdiction, and availability. Anticipated activities include, but are not limited to: Custodial arrests for Taking arrest or control actions related to a wildland fire investigation or forest and fire law regulation action. Issuances of citations for forest and fire law violations. Fire investigation or forest and fire law regulation action that requires armed personnel. Since these activities require VFW‐PO designation from the State, 3 Federal LE personnel initiating criminal actions on behalf agencies will submit to the appropriate State Unit Chief the names of peace officers who are trained to perform the fire prevention activities for which VFW‐PO designation is sought, no later than April 15th every year. The State Unit Chief will respond in writing with a list of the Director will provide the State with information necessary for the State Law Enforcement Report (LE-30). State personnel will create annual reports of criminal actions they initiate for violations on FRA within State DPA and provide them to the Federal LE agencies. The information shall be provided to the agency’s respective unit or forest headquarters law enforcement personnel, via channels identified in the OPapproved designees no later than May 15th every year. If LE peace officer status is required upon SRA/FRA within the other’s DPArequired, but no LE peace officer is immediately available from due to a prioritized 3 This is contingent on the statutory authority to provide reciprocal fire prevention law enforcement activities, currently provided under the following statutes: California Penal Code 830.2(g) (provides state agency having peace officers with statewide jurisdiction); § 4156 (permits federal agency personnel to conduct fire prevention law enforcement activities on SRA in federal DPA responsibilityif they have been designated as a Voluntary Fire Warden – Peace Officer; California Penal Code 830.8 (specifically empowers federal law enforcement officers and special agents designated as VFW‐PO to enforce state forest and fire laws, except timber harvesting laws under the forest practice act. See e.g., the Cooperative Law Enforcement Agreement between Cal‐Fire and the Pacific Southwest Region, Attachment 1, designating USFS LE personnel (officers and special agents) as VFW‐POs. operation, the agency with DPA responsibility shall immediately inform the jurisdictional agency. The jurisdictional agency will with original jurisdiction, and provide an estimated time as to when of the soonest law enforcement a peace officer will be available for response. Attachment 1 Cooperative Law Enforcement Agreement Between the California Department of Forestry and respondingFire Protection and the Pacific Southwest Region of the USDA Forest Service The Director (the "Director") of the California Department of Forestry and Fire Protection (the "Department") and the Pacific Southwest Region of the United States Department of Agriculture, Forest Service (the "Forest Service") enter into this Cooperative Law Enforcement Agreement ("Agreement"). California Penal Code§ 830.37(c); California Public Resources Code§ 4151; 16 U.S.C. §§ 551a, 553, and 559g(c); and 36 CFR § 211.3 provide the Director and the Forest Service authority to enter into this Agreement.
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Samples: www.fs.usda.gov
