Appropriations Law and Fire Suppression 2013 Refresher

What is Appropriations Law? Where do you find it? Constitution General Statutes Authorizing Legislation Language of the Appropriation CFRs (Codified Fed Regs) Comptroller General Decisions

Where do you find it within an Agency? USDA, Forest Service: Policy and Regulation FSH g_50 For DOI: Currently the “Orange Book” is under construction

Sources: Manuals Handbooks Incident Business Management Handbook Fire Line Handbook Health and Safety Guide “Red Book” Incident Response Pocket Guide Specific Agreements tied to Authorities ◦Master Agreement ◦Cost Share Agreements PNW Incident Business Guidelines

FSH g Chapter 50 ◦Wildland Fire Management  Authorities  Preparedness  Suppression and Fire Operations  Hazardous Fuels Reduction

Appropriations Use The application of Appropriations Law and language to a specific activity. This is “us”. Can we find the words in Law, Policy or Guidelines to accomplish, or fund, a specific activity on the ground?

PREPAREDNESS WFPR Preparedness Activities Use WFPR funds for expenses for preparedness, such as: 1. Planning 2. Prevention 3. Detection 4. Information 5. Education 6. Pre-incident training 7. Equipment and supply purchase and replacement 8. Expenses including salaries, contracts, and services

PREPAREDNESS WFPR How do you know when to transition from Preparedness to Suppression? Chapter 50 will tell you (or help you!) EXAMPLE: 51.11a Firefighter and Equipment Charges for Ordered Standby, preposition, etc. WFPR … if an order is based on a perceived threat (high fire danger). WFSU … if an order is based on actual starts…

CONSEQUENCES? LAW Breaking the Law is a Crime Legal Action – Ticket, Fine, Prosecution, Imprisonment POLICY/REGULATION Deviate from Policy Administrative Action – Adverse Action, Loss of Authority, Suspension, Demotion, Personal Financial Liability, etc. GUIDELINES Ignore, exceed, operate outside Administrative Action – Performance Issue, Letter of Direction, Supervisor takes corrective action

Plan Ahead! 1. KNOW when you contemplate moving outside the constraint of Law, Policy or Guidelines. 2. Weigh the Risk, for yourself and others 3. Share the Risk (Mini Mental SRA?!?)

4. Be deliberate. ◦Make a Proposal/Recommendation OR ◦Take Action 5. Document your deliberation and decision. 6. Share your decision appropriately.

What are some examples from your own experiences?

“Are you deviating from Policy?” Pre-decision question. Folks who ask this question are your friends. Play well with them, work with them, build relationships with them. These are Acquisition and Dispatch folks… build a team and work together. Talk things through, make decisions (better decisions!) together.

“Did you deviate from policy?” Yes or No?

Don’t Deviate Often! When you do… Under Appropriations Use, it’s less about “Did You?” than it is about “Why did you?” The agencies have invested time, training, experiential opportunities in each of us. Someone BELIEVES we will make decisions in the best interest of the government. Live up to that expectation.

Do Your Best!

Questions?