R652.  Natural Resources; Forestry, Fire and State Lands.
R652-121.  Wildland Fire Suppression Fund.
R652-121-100.  Authority.
	This rule implements Article XVIII of the Utah Constitution and Section 65A-8-204 and provides for administration of the Wildland Fire Suppression Fund under the authority of Section 65A-8-207.

R652-121-200.  Wildland Supression Fund.
	1.  The Wildland Fire Suppression Fund may be used to pay the costs of wildland fire suppression on state-owned land and for wildland fire suppression costs except initial attack costs on non-federal land within the jurisdiction of a county, municipality, or other eligible entity that has entered into a cooperative agreement with the Division and is complying with the terms of the cooperative agreement.
	2.  A county, municipality, or other eligible entity without a cooperative agreement or one with a revoked cooperative agreement shall be responsible to pay for all wildland fire suppression costs on non-federal land within its jurisdiction within 90 days after receiving a bill from the Division for such costs, subject to a right to an informal appeal to the State Forester. Any appeal must be submitted to the Division in writing within 90 days of receiving the bill.  The State Forester may conduct an investigation, hold an informal hearing, or request additional information before making a final decision.

R652-121-300.  Payment of Wildland Fire Suppression Fund Costs.
	1.  After an eligible entity has entered into a cooperative agreement with the Division, all wildland fire suppression costs beyond initial attack within the jurisdiction of the eligible entity will be paid by the Wildland Fire Suppression Fund.
	2.  Area managers will verify to the state forester in writing that an eligible entity has a cooperative agreement.
	3.  Each participating entity must make a good faith effort to recover suppression costs for negligently-caused wildland fires.  If the participating eligible entity refuses to make a good faith effort to recover suppression costs from a negligent party for a wildland fire without approval from the State Forester, the suppression costs for that fire shall not be eligible for payment from the Wildland Fire Suppression Fund.  The State Forester will determine if a good faith effort has been made to recover suppression cost.
	4.  Wildland fire suppression costs recovered under Section 65A-3-3 will be repaid to the Wildland Fire Suppression Fund.

R652-121-400.  Revocation of Participation in Fund.
	1.  Participation in the Wildland Fire Suppression Fund may be revoked for failure to:
	(a)  enter into a cooperative agreement with the Division,
	(b)  comply with the terms of the cooperative agreement with the Division; or
	(c)  fulfill its participation commitment.
	2.  The division will notify a participating entity in writing of any breach of the cooperative agreement.
	3.  Failure to remedy a breach may result in revocation of the entity's cooperative agreement pursuant to the terms of the cooperative agreement which shall preclude participation in the Wildland Fire Suppression Fund.
	4.  The revocation decision may be informally appealed to the State Forester within 30 days of the notice. The State Forester may conduct an investigation, hold an informal hearing, or request additional information. The final decision of the State Forester will be sent to the entity.

R652-121-500.  Withdrawal from Participation in Fund.
	1.  An entity may withdraw from participation in the fund by revoking its cooperative agreement the end of the agreement's term by:
	(a)  informing the division, in writing, of the eligible entity's intention to revoke the cooperative agreement; or
	(b)  failing to sign and return it annual financial statement as described in R652-120-400(5)(e), unless an extension has been granted by the Division.

R652-121-600.  Reinstatement of Participation in Fund.
	1.  An eligible entity that voluntarily withdrew participation in the Wildland Fire Suppression Fund pursuant to R652-121-500 may enter into a new cooperative agreement with the Division and become a participating entity.
	2.  An eligible entity whose participation in the Wildland Fire Suppression Fund was revoked by the division pursuant to R652-121-400 may enter into a new cooperative agreement with the Division and become a participating entity only after remedying the breach that resulted in the revocation.  If the revocation was due to failure to fulfill the participation commitment for one or more years, the eligible entity shall agree to fulfill the previous participation commitments during the first three-year term of the new cooperative agreement in addition to the participation commitments for each year of the cooperative agreement.

KEY:  administrative procedures, wildland fire fund
Date of Enactment or Last Substantive Amendment:  January 10, 2017
Notice of Continuation:  August 28, 2017
Authorizing, and Implemented or Interpreted Law:  65A-8-207