ROUND VALLEY INDIAN TRIBES

ROUND VALLEY INDIAN TRIBES

A Sovereign Nation of Confederated Tribes

TRIBAL COUNCIL OFFICE

POST OFFICE BOX 448

COVELO, CALIFORNIA 95428

PHONE: 707-983-6126

FAX: 707-983-6128

LOCATION: ON STATE HWY 162

ONE MILE NORTH OF COVELO

IN ROUND VALLEY

TRIBAL TERRITORY SINCE TIME BEGAN

ROUND VALLEY RESERVATION ESTABUSHIED 1856

RESOLUTION NO. RV-2008-05

A RESOLUTION APPROVING THE BURN PERMIT SYSTEM AND

RESOURCE CODES FOR THE ROUND VALLEY Il\1DIAN RESERVATION

WHEREAS, the Round Valley Indian Tribes is the sovereign Tribal Nation of the Indian

Tribes of the Round Valley Indian Reservation, and

WHEREAS, the Round Valley Tribal Council is recognized by the Federal Government

of the United States of America as the governing body for the Indians of the Reser.ration,

and

WHEREAS, Article V, Section 1 of the Constitution of the Round Valley Indian Tribes

authori-2es the Round Valley Tribal C01m.cil to ad!Ilinister all Tribal Business, and

WHEREAS, after due consideration the Round Valley Tribal Council has determined it

would be in the best interest of the Round Valley Indian Tribe to adopt the Burn Permit

form and Tribal Fire Resource Codes for the Round Valley Indian Reservation, and

WHEREAS, the Round Valley Tribal Council approves the Bum Permit Form and

Tribal Fire Resource Codes as requirement element of the Round Valley Fire Prevention

Plan for the Round Valley Indian Reservation, and

WHEREAS, the Round Valley Tribal Council approves the Bum Permit Form and

Tribal Fire Resource Codes for the purpose of carrying out the duties of the tribal fire

prevention technician.

NOW THEREFORE BE IT RESOLVED, that the Round Valley Tribal Council

hereby approves and adopts the Burn Permit Form and Tribal Fire Resource Codes Dated

January 22, 2008 between the Bureau of Indian Affairs Pacific Region Office and the

Round Valley Indian Tribes.

RESOLUTION NO. RV-2008-05

Page i. 9fi .....

BE IT FURTHER RESOLVED, that the President of the Round Valley Tribal Council,

and/or Vice-President in the absence of the President is hereby authorized to execute said

resolution approving and adopting the Burn Permit Form and Tribal Fire Resource Code

for the Round Valley Indian Reservation.

CERTIFICATION

I, the undersigned, as President of the Round Valley Indian Tribes do hereby certify that

this resolution was adopted at a duly called and duly noticed Special Meeting of the

Round Valley Tribal Council at which 1 members were present, constituting a quorum,

held on the 22nd day of January, 2008; and that this resolution was adopted by a vote of:.

For

Against

Abstaining

5

0

0

and that said resolution has not been rescinded or amended in any way.

Permit# I

Round Valley Indian Tribes

P.O. Box448

Covelo, CA 95428

(707) 983-8341

BURN PERMIT

11-IIS PERMIT IS VALID FROM

I

I

••,

TO

.. I

I

--�-

ISSUED BY:

DATE:

PHONE:

PROPERTY OWNER'S FULL NAME:

N

ADDRESS (I CLUDING CITY, STATE, ZIP):

NAME OF PERSON DESIGNATED TO ATTEND FIRE (lF DIFFERENT FROM PERMlTTEE):

Type of burn permit (circle one):

Township:

Range:

traditional

campfire

debris

agriculture

Lat:

Section:

Long:

Location

Means of suppression provided:

Date:

Signature of Permittee:

·--.

d

I accept this burn permit and agree to comply with th.e foregoing conditions

BURNING REGULATIONS

( 1) Fire breaks 10 feet wide shall be provided along adjoining property and around all exposures, i.e.

fences, telephone poles, power poles, etc.

(2) Adequate means for suppressing the fire shall be provided by the Permittee.

(3) Bumi.i.1g shall be done only during the time specified in th.e burning pennit. (Set times when fire

should be completely extinguished discuss with TC)

(4) Do not bum v,rhen weather conditions (particularly wind) are such that burning is not safe.

(5) Adequate adult supervision shall be provided at all times during the burning operation.

(6) Total extinguishment of fire shall be the responsibility of the Perrnittee. Burning must be terminated

at 1500 hrs. (3pm) and any smolder.,ng areas eA'tinguished prior to 1700 hrs (5pm). ( discussion with

TC)

(7) The Permittee shall be responsible for any damages caused by or which are the result of the burning

operation.

(8) Bum Permit shall be available at bum site during burning operation.

(9) This pen:mt is subject to CANCELLATION, at any time by Tribal Council or designated

representative. (discussion with TC)

Round Valley Indian Tribes

P.O. Box 448, Covelo, CA 95428

(-;o·n

11,83-o°3,1�..l1

I) 7

Burn Permit Requirements

This permit allows vou to conduct the followina tvpes of residential debris burns:

a) Burn debris in dooryard incinerator.

b) Burn debris in small heaps and piles (not to exceed 4 ft in diameter.)

Debris:

Means the burning of paper, cardboard, brush, tree trimmings, leaves or vegetation materials.

Prohibited materials include:

Tires, asphalt shingles, tar paper, cloth, upholstery, plastics, linoleum, diapers, carpeting, demolition debris,

construction debris, business trash, or other smoke producing materials.

This permit is for the burning of:

Dooryard trash and vegetation from within or around a RESIDENCE. In addition, a water supply must be

available for immediate use by the person conducting'the debris burn. The water supply must be of SUFFICIENT

CAPACITY and VOLUME to extinguish the fire AT ANY TIME. This usually means the use of a garden hose or

backpack pump, and a shovel.

Shown is a barrel type incinerator, illustrating a minimum

fire safe requirements. These minimum requirements

apply toall types of incinerators.

1. Area within 10 feet of incinerator is maintained free and

clear of all flammable material and vegetation.

�>

c

,. ,,.:;;, ::·

=

'\.,. \

Heavy Screen Mesh

\Vith hole& nrn large.r than 1;4 inch

2. All openings shall be screened with nonflammable material

with holes no larger than ¼ inch.

3. Attended at all times by a responsible adult person until fire

is dead out.

4. Do not burn when weather conditions (particularly wind) are

such that burning is not safe.

5. Incinerator shall be constructed of metal and in good

condition.

,:,fall flammable material from around the inciu..-ator for et least

10 feet. Local ordinances 1nay require more clearanec

The department's authorized employees, or any warden, or ranger may refuse, revoke, or postpone the use of

permits to burn when necessary for the safety of adjacent property Oi when necessary in their judgment, to

prevent air pollution as provided in the rules set forth by the departmeni.(discussion with TC utilize prevention or

forestry personnel to refuse or revoke permits)

Shown is burning in a smal! .pile, mustrating a

minimum fire safe requirements. These

minimum requirements apply to all piles you

burn.

1. Maximum pile size is 4 feet in diameter.

2. Area within 10 feet of the outer edge of pile shall

be maintained clear of all flammable material

and vegetation.

3. Adult in attendance with shovel until fire is dead

out.

4. Water supply at burning site.

5. No burning shall be undertaken unless weather

conditions (particularly wind) are such that

burning can be considered safe.

Round Valley Indian Reservation

Standard Operating Procedures

I) Purpose

A) the purpose of this Standard Operating Procedure is to define the roles and

responsibilities, procedural protocol, communication procedures between the BIA Office

of Law Enforcement (OLES) (insert MOU contact Tribal Law Enforcement) and BIA

Branch of Wildland Fire Management (Fire) when responding to wildland fire incidents

suppression and/or investigation as required by the "National Memorandum of

Understanding between OLES and Fire.

II) General

A) General Policies which apply to both parties _ -•

1) All persons operating under this docUillent will follow all applicable .Federal Laws,

Code of Federal Regulations (CFR)'si Dep�ent Manual (DM)'s, Indian Affairs

Manual (IAM)'s, Directives, and other procedural }!olicies includinghandbooks and

operational guides ("Blue Book") pertaining to wildland fire prevention and

investigation.

2) All wildland fires will be treated as a crime scene untilotherwise determined.

3) All wildland fires will be investigated-to determine the CJrigin and cause.

4) All first responders and Initial Attack,In.cident Commanders will complete FI-110

(formerly P-130), Wildland Fire Cause Deterniination for First Responders, as a

IIllillill.UID.

5) AppropriatePers·onalProtective Equipment will be worn at all times.

6) All persons responding to wildland fire incidents will meet the minimum physical

fitness requirements for applicable positionon incident.

7) A communication plan will be developed and maintained on an annual basis. A list

of *11 active participants, by location� will be attached to this document.

8) This document will be reviewed by both parties annually and revised as appropriate.

B) General Program Management

1) FIRE

Ensures policy and procedures for wildland fire investigations established

(i)

in the Agencywildland fire prevention plan (WFPP). If WFPP does not exist,

industry standard will be used.

Maintains WeTIP program in areas when arson caused fires persist.

(ii)

Provides copies of all information received from WE TIP program to BIA

(iii)

and/or Tribal Law Enforcement Special Agent in Charge.

Provides BIA/Tribal Law Enforcement personnel, on des_ignated contact

(iv)

list; with personal protective equipment relative to the individual's wildland fire

qualifications.

Secures Severity funding for law enforcement activity and initiatives in

(v)

project periods of extreme fire danger.

Provide OLES with any necessary fire information that is normally

(vi)

prepared and maintained by the Agency and/or Tribe.

Provide OLES District and Round Valley Indian Tribes personnel with

(vii)

monthly fire statistical updates.

2) OLES

(i) Assists in the development, updating and maintenance of the Round Valley Tribes

arson prevention and mobilization plans.

(ii) Provides local Tribal fire trespass ordinance and.codes for implementation.

(iii)Provides feedback to the Tribe as to the usefulness of the WeTIP program.

(iv)Develops Arson Task Force Strategic Plai1; with assistance from the BIA and

Round Valley Natural Resource Department:

(v) Facilitates communication to SpecialAgent in Charge, RegionalDirector, Tribal

Govennnent or Legal Official andiapp!:opriate FIRE contact.

III)

Wildland Fire Operations

.r

w·l.t· 1 u.r1 1,ana• -i:;-·1re I'v1anageine11.

.-:._ · + Of�

nces

1) Establishes Incident Command·System strncture at incident

2) Requests Tribal Law Enforcement assistai12ewhen necessary.

3) Incident Commander determines level of wildland fire investigation needed.

4) Takes appropr;?,t�_itippression action on ,vildlandfire and protects the point of origin

for investig11ti\re ptlrpCises.

5) Requests -qualified Wildland Fire Investigator (FIN\') if not already on scene.

6) Prepares andUJaintains'.al

l ,vildland fire reports.

7) Condt1cts wildlanqfire inve,stigation,.collects and secures evidence, prepares report of

find1ngf and submitsto designated. ·Tribal Law Enforcement contact.

8f Secure the specific 61:igin of the fire and conduct the wildfue origin and cause

_ investigation.·. ·

9) Report all suspected arson incidents to the appropriate BIA/Tribal Law Enforcement.

10) Provide Tri bal Law Enforcement with any necessary fire information that is normally

prepared and mai1itained by the BIA and Tribes.

11) Approve all time. associated with suspected arson investigation and apprehension of

suspect thatis not covered under BIA Law Enforcement normal fonding for such

activities. All personnel time associated with the investigation and/or apprehension

will be documented on SF- 261 (Crew Time Reports) and approved by BIA ai.'1.d

Tribal Natural Resources Officer or his/her designated representative as listed in this

document.

12) Provide funding codes for all time associated with the wildland fire investigation and

apprehension of suspect that is not covered under BIA Law Enforcement normal

funding for such activities.

13) Secure Severity funding for la..N enforcement activities in projected periods of

extreme fire danger.

i4) Provide BIA/Tribal Law Enforcement personnel ,:vith personal protective equipment

relative to the fire sitirntion.

''

nw·�lnDaJ.

., ' '

1-'

...) .o

.1.

Provide BW Tribal Law Enforcement with arson investigation kits.

16)Provide personnel, if available and necessary, to assist in suspected arson

investigation.

1 7)Provide appropriate training opportunities.

18) Track Law Enforcement wildland fire qualifications in Shared Applications

Computer System- Incident Qualification and Certification Syst�:m (IQCS).

19) Provide Law Enforcement personnel with Incident -Qualifications Card (Red Card) if

applicable:

20) Provide training opportunities for Law Enforcement personnel regarding wildland fire

investigation, fire behavior and incident command system _as funding allows. This

includes any travel expenses that might be incurred. Travel will be approved ONLY

when written request to participate in training is provided and approved by BIA

Wildland Fire Management Representative. An aJJpropriate Travel Authorization is

required before travel expenses will be considered;for reimbursement.

21) Follow the policy and procedures for wildlanclfrreinvestigations established in the

.

Round Valley Wildland Fire Prevention Plan.

22) Annually reviews the Standard Operatiqrial Procedures/OperationaLGuidelines at the

Regional and Tribal level. These :gq.ide?lines will include appropriate contact

information for specific areas.

·

. . (·:

23) Provide media coordinator to Tribal Law EnfdrC�fB�nt, if needed.

B) BWTribal Law Enforcement

1) Identify personnel which will participate in suspected arson investigations.

2) Respond to suspected arson incidents as idei:itifie� n1 the regional response requested

by BWTribal Wild.land Fire Management Representatives.

3) Act as the case coordinator for all foIDlal frre inv�stigations.

_4) Conduct suspected arson investigations in concert with appropriate Tribal or BIA

wildland

'representative .

5) Provi_qe BIA Fire Management with.progress reports on active suspected arson.

6) Prepare prosecutive reports and maintain files.

7) Facilitate the storage of all evidence collected.

8) Coordinate suspected arson investigation task force.

9) Actively participate in fireincident Command System (ICS).

fire

IV) Training Standards

A) BWTribal Wildland Fire Management Offices

1) Define required training

2) Encourage training opportunities - i.e. frre courses and create Individual

Development Plan (IDP)

B) BWTribal Law Enforcement

1) Define required training

2) Encourage training opportunities

V) Fitness Standards

A) BWTribal Wildland Fire Management Offices

I) Reference policy and the pack test

2) List requirements for fire positions i.e. FINV, Fire Prevention Technician

B) BWTribal Law Enforcement

1) Reference policy (follow BIA Wildland Fire Fitness Standards)

2) List applicable requirements (insert when needed)

VI) Communication Plan

A) Define any policy requirements that would prohibit fire on Tribal Law Enforcement

Frequencies.

B) List of active_participants by location with contact numbers. (insert)

C) Incident Communication Plan

1) List Frequencies which fire operations work with.

2) List Frequencies which Tribal Law Enforcement works with

3) May use ICS form 205 (Jim will provide a copy of this form)

Standard Operating Procedures (SOP) for Wildfire

Investigation with Law Enforcement concerning

Wildfires occurring within the boundaries of the

Round Valley Indian Reservation

1. Initial Attack

a.

Determine if the fire was ignited by natural means or is human caused.

(accomplished by the Initial Attack Commander (IC)

Protect the fire origin (accomplished by the IC and all initial

b.

responding units)

c.

If there is a suspicion that the fire is hum:an caused order a Wildland

Fire Investigator (FINV) (accomplished by the IC)

2. If human caused, determine if the fire is negligence or arson. (accomplished by

the IC or Wildland FINV or local Fire Prevention Technician)

3. Negligence

If negligence determine the cause and consult with law enforcement

a.

(insert name oflocal law enforcement and Round Valley Tribal Law

Enforcement) concerning future action.

Future actions will be at the discretion of the local agencies (insert

b.

local agencies, Round Valley Indian Tribes (RVIT), Bureau of Indian

Affairs (BIA) California Department ofForestry (CDF), U.S. Forest

Service (USFS) and Covelo Fire Protection District (CFPD). Past

history and compliance with the agency burn policy will be used in

determining legal actions ifany.

4. Arson

a.

b.

c.

d.

e.

If possible contact Wildland FINV and law enforcement personnel to

determine fire origin and cause. (Accomplished by the Round Valley

Fire Management Officer FMO, Round Valley Natural Resource

Officer, Round Valley Fire Prevention Technician).

Gather names ofinitial attack personnel concerning witness and fire

history. (accomplished by the IC, Wildland FINV, and law

enforcement personnel)

Wildland FINV, and if possible, have law enforcement personnel

interview witness jointly.

All evidence gathered will be stored at an approved evidence storage

site. Iflaw enforcement personnel are not available evidence will be

gathered by the Wildland FINV and transported to a secure storage site

as soon as feasible.

Wildland FIN\T and law enforcement will prepare the Wildfire

Investigation Report (WFIR) jointly. Iflaw enforcement personnel are

not available then the report will be prepared by the Wildland FINV.

f.

g.

h.

1.

Tne report needs to prepare as soon as feasible after the investigation

is conducted.

The WFIR will be presented to the proper authorities as soon as

possible for a determination on what future action needs to be

undertaken. This can be the BIA-Law Enforcement (Criminal

Investigator (CI), US Attorney, Agency Superintendent, etc.

If possible and the case-is feasible the proper authorities will make

every effort to prosecute the case.

If the case comes to trial the Wildland FINV \�1ill be available as a

consultant or a expert witness.

All notes and photographs will be protected and treated as future

evidence.