Wyo. Code R. 060-0001-1
Forester, State
Chapter 1: Emergency Fire Suppression Account
Effective Date: 06/22/2025 to 10/10/2025
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 060.0001.1.06222025
Section 1. Purpose. These rules are to govern the administration of the emergency fire suppression account, hereinafter referred to as the EFSA, created by W.S. 36-1-401 et. seq. to provide funds for the cost of suppression and mop-up of qualifying emergency wildland fires.
Section 2. Authority. These Rules and Regulations of the State Forester are adopted pursuant to W.S. 36-1-403(a)(iv).
Section 3. Definitions. As used in this chapter:
(a) 'Authorized Expenditure'. A listing of suppression costs which qualify for expenditures from the EFSA.
(b) 'Contract Year'. The same as the State Fiscal Year.
(c) 'EFSA'. The Emergency Fire Suppression Account established by W.S. 36-1-401.
(d) 'Floor Cost'. The expenditure required of a participating county before use of the EFSA will be considered.
(e) 'Jurisdictional Fire Entity(s)'. The fire district; municipal, volunteer, or combination fire department; state or federal agency in the participating county within whose jurisdiction(s) the fire is burning.
(f) 'Participating County'. A county, including all fire districts; municipal, volunteer or combination fire departments within the boundaries of the county, which has entered into a Memorandum of Understanding with the Wyoming State Forester to participate in the EFSA and has paid assessments provided by W.S. 36-1-404.
(g) 'State Forester'. The administrative head of the Wyoming State Forestry Division.
(h) 'State Lands'. Lands under jurisdiction of the State Board of Land Commissioners.
(i) 'Supporting Entity(s)'. Any fire district; municipal, volunteer, or combination fire department; county, state or federal agency providing fire suppression, mop-up or other support and resources to the Jurisdictional Fire Entity(s).
(j) 'Unit Administrator Group'. A group consisting of two or more individuals assigned administrative responsibilities to make coordination decisions and recommendations within the framework of the Annual Operating Plan.
(k) 'Pre-Positioning' means any fire suppression resources that are being temporarily placed within an area during high fire risk.
(a) Initial notification shall be provided to the State Forester or his designee, as far in advance as possible, of impending emergency conditions or upon determination of the Jurisdictional Fire Entity(s) that fire suppression is beyond their capabilities. Initial notification may be through a phone call, radio or in person.
(b) EFSA assistance request to the State Forester or his designee must be by the County Fire Warden, Deputy County Fire Warden or a member of the participating county's Board of County Commissioners. Within twelve (12) hours, or as mutually agreed, of the determination that the fire is beyond the Jurisdictional Fire Entity's fire suppression capabilities, a completed WSFD EFSA FUNDING REQUEST (WSFD-18) must be faxed or hand-delivered to the State Forester or his designee.
(c) EFSA requests must be made for each individual fire. The State Forester or his designee may make exceptions.
(d) To be considered for EFSA assistance, fire suppression activity must be on going and one of the following in effect for the fire site:
(i) The National Fire Danger Rating System (NFDRS) rating must be Very High or Extreme.
(ii) A National Weather Service 'Red Flag Alert' or 'Fire Weather Watch' in effect.
(iii) Site specific fire conditions or fire behavior as specified on WSFD-18.
(e) The Wyoming State Forestry Division will notify the County of its decision, by phone and fax, within eight (8) hours of receipt of a completed WSFD-18.
(a) The State Forester shall approve the pre-positioning of any fire suppression resources. The State Forester shall retain control of all pre-positioning resources.
(b) The State Forester shall consider the following factors in evaluating requests to pre-positioning fire suppression resources:
(i) The National Fire Danger Rating System (NFDRS) Fire Danger Index;
(ii) The extended weather forecast; (iii) Initial attack capabilities; and (iv) Other factors deemed appropriate to the State Forester.
(a) Upon State Forester's approval of the county's request for EFSA funding: (i) The Jurisdictional Fire Entity(s) must maintain a commitment of available resources for the duration of the fire. (ii) A Unit Administrator Group will be established between the Jurisdictional Fire Entity(s) and the State Forester or his designee within 12 hours of EFSA approval. (iii) On multi-jurisdictional fires the Unit Administrators Group must include representatives from all Jurisdictional Entity(s) including federal agencies. (iv) On multi-jurisdictional fires, a cost share agreement must be initiated within twenty-four (24) hours of the EFSA approval and signed by jurisdictional fire entity(s) involved prior to end of the fire. (v) EFSA funds may be used on all State lands. (b) Payments from Participating Counties (i) The Jurisdictional Fire Entity(s), or by cost share agreement, a county, the State or federal agency(s), shall be responsible for bills associated with the EFSA. (ii) Under unusual circumstances, the Jurisdictional Fire Entity(s) may negotiate with the State Forester for direct payment of vendor bills from the EFSA. (iii) The Jurisdictional Fire Entity(s) shall submit paid expenses from approved EFSA fires to the State Forester within ninety (90) days following the fire being declared controlled, or by November 15th of that year, which ever is sooner. (iv) If the Jurisdictional Fire Entity(s) receives payment from insurance or other sources for expenses paid by the EFSA, the Jurisdictional Fire Entity(s) will reimburse the EFSA the amount paid, but not to exceed 100% of expenses paid from the EFSA for the approved fire(s).
Section 7. Disbursements. Expenditures from the EFSA will be made in accordance with the following restrictions:
(a) Floor cost for suppression and mop-up must be met as defined in the table below:
| County Valuation | Required County* Cash Expenditures |
|---|---|
| 0-150.9 Million | $5,000.00 |
| 151-399.9 Million | $8,500.00 |
| 400 + Million | $12,000.00 |
| *The Participating County will only be required to meet the EFSA floor cost once per Fiscal Year regardless of how many qualifying EFSA fires they have during the Fiscal year. |
(b) The EFSA may only be used for suppression and mop-up costs.
(c) A post accounting internal audit of expenditures may be conducted jointly, by the Wyoming State Forestry Division and Participating County and expenditures will be authorized as contained in Section 7 of these rules and regulations. The State Forester, in case of conflict, retains the right of final resolution.
Section 8. Authorized Expenditures. Assistance from the EFSA is only to help a Participating County cover expenditures from approved, large fires that are beyond the capability of the Participating County to suppress, not to support the regular fire program. All EFSA expenditures will be summarized on EFSA Cost Summary (WSFD 41a) and supported by paid vouchers or copies of checks. All equipment and non-salaried personnel rates will be calculated from rates published in the current County Annual Operating Plans.
(a) Payments will be based upon the Cost Share Agreement.
(b) Cost of personnel and equipment during the established mutual aid period are ineligible for EFSA reimbursement.
(c) Personnel
(i) Jurisdictional Fire Entity(s) salaried employees limited to EFSA fire related overtime cost.
(ii) Support entity(s) salaried employees limited to regular hourly rate plus fire related overtime on EFSA fires.
(iii) A copy of the Emergency Firefighter Time Report (OF-288) available from the Wyoming State Forestry Division must support personnel payments.
(d) Equipment
(i) Twenty-five (25) percent of the Jurisdictional Fire Entity(s) firefighting equipment costs will be eligible for reimbursement from the EFSA.
(ii) Support Entity(s) fire fighting equipment will be reimbursed one hundred (100) percent.
(iii) A copy of the Emergency Use Invoice (OF-286) available from the Wyoming State Forestry Division must support all equipment use.
(e) Supplies. Cost of fire related supplies will be accepted.
If the State Forester determines funds in the EFSA may be insufficient to make reimbursement for the full cost of suppression and mop-up of qualifying fires occurring, or which may occur, during the year, he may delay reimbursement until the close of the calendar year, at which time reimbursement will be a prorated share of qualifying EFSA expenditures.