Common use of Law Enforcement and Negligent Fires Clause in Contracts

Law Enforcement and Negligent Fires. In criminal and civil actions each Agency shall render mutual assistance in law enforcement activities and the gathering of evidence, and in criminal or civil prosecutions, to the fullest extent practical. Each Agency shall be responsible for fire related law enforcement activities, litigation and court proceedings resulting from wildfires that originate on their respective lands. The Agencies are jointly responsible for law enforcement efforts, and the Protecting Agency is generally responsible for fire investigations and the preliminary work associated with determining if a criminal or civil action is a possibility. The Jurisdictional Agency is generally responsible for subsequent follow up and prosecutions. Idaho law requires prosecution of State law violations occurring on State and/or private land to be done in the name of the State even though Federal personnel designated as State Firewardens can enforce State laws, rules or regulations, and even though a Federal agency may be the Protecting Agency. However, State employees do not have authority to enforce Federal laws, rules or regulations on Federal land even though they are the Protecting Agency. They may; however, enforce violations of State law on Federal land. Therefore, the State will notify Federal agencies of any information indicating that State or Federal laws, rules or regulations have been violated on Federal land protected by the State. The State will assist the Federal agency with any resulting prosecution through the Federal legal system, and will take the lead for prosecutions through the State system. In like manner, Federal agencies will notify the State of any information related to violations of State or Federal laws, rules or regulations on State and private land protected by a Federal agency and will assist the State with its prosecutions under State law. Any Agency protecting lands for another may independently process and or prosecute civil claims to recover suppression costs for intentionally or negligently lit fires; however, Federal Officials should be aware that such actions must normally be taken in the name of the State for fires that occur solely on state or private land. See Exhibit D item 4 (f) Procedures for Fire Suppression Billings - Negligent Fire Billings and Provision #55 Suppression and Damage Collection.

Law Enforcement and Negligent Fires. In criminal and civil actions each Agency shall render mutual assistance in law enforcement activities and the gathering of evidence, and in criminal or civil prosecutions, to the fullest extent practical. Each Agency shall be responsible for fire related law enforcement activities, litigation and court proceedings resulting from wildfires that originate on their respective lands. The Agencies are jointly responsible for law enforcement efforts, and the Protecting Agency is generally responsible for fire investigations and the preliminary work associated with determining if a criminal or civil action is a possibility. The Jurisdictional Agency is generally responsible for subsequent follow up and prosecutions. Idaho law requires prosecution of State law violations occurring on State and/or private land to be done in the name of the State even though Federal personnel designated as State Firewardens can enforce State laws, rules or regulations, and even though a Federal agency may be the Protecting Agency. However, State employees do not have authority to enforce Federal laws, rules or regulations on Federal land even though they are the Protecting Agency. They may; however, enforce violations of State law on Federal land. Therefore, the State will notify Federal agencies of any information indicating that State or Federal laws, rules or regulations have been violated on Federal land protected by the State. The State will assist the Federal agency with any resulting prosecution through the Federal legal system, and will take the lead for prosecutions through the State system. In like manner, Federal agencies will notify the State of any information related to violations of State or Federal laws, rules or regulations on State and private land protected by a Federal agency and will assist the State with its prosecutions under State law. Any Agency protecting lands for another may independently process and or prosecute civil claims to recover suppression costs for intentionally or negligently lit fires; however, Federal Officials should be aware that such actions must normally be taken in the name of the State for fires that occur solely on state or private land. See Exhibit D item 4 (f) Procedures for Fire Suppression Billings Xxxxxxxx - Negligent Fire Billings Xxxxxxxx and Provision #55 Suppression and Damage Collection.

Law Enforcement and Negligent Fires. In criminal actions and civil actions each Agency investigations, Federal Agencies shall render mutual assistance in law enforcement activities and the gathering of evidence, and in . In criminal or civil prosecutions, the Agencies shall cooperate to the fullest extent practical. Each The State does not have law enforcement jurisdiction. In civil actions, each Agency shall be responsible for fire related law enforcement activitiesrender mutual assistance. The Jurisdictional and/or Protecting Agency will enforce applicable state and/or federal civil and criminal laws. The Jurisdictional and/or Protecting Agency will also prosecute, where appropriate, litigation and court proceedings resulting that results from wildfires wildland fires that originate on its and/or their respective lands, and/or that involves the expenditure of funds legislatively appropriated to it and/or them. The Agencies are jointly responsible for law enforcement effortsState local Agency Administrator will notify the appropriate Federal local Agency Administrator of any information that shows that any person or business entity (which would include a person or entity doing business under an assumed business name) has violated any provision of Montana Forestry Law, and the Protecting Agency is generally responsible for or fire investigations rules and the preliminary work associated with determining if a criminal or civil action is a possibility. The Jurisdictional Agency is generally responsible for subsequent follow up and prosecutions. Idaho law requires prosecution of State law violations occurring on State and/or private land to be done in the name of the State even though Federal personnel designated as State Firewardens can enforce State laws, rules or regulations, and even though a Federal agency may be the Protecting Agency. However, State employees do not have authority to enforce Federal laws, rules or regulations on Federal land even though they are the Protecting Agency. They may; howeverlands within State protection areas, enforce violations of State law on Federal land. Therefore, the State will notify Federal agencies of any information indicating that State or Federal laws, rules or regulations have been violated on Federal land protected by the State. The State and will assist the Federal agency Agencies with any resulting prosecution through under applicable Montana law, rule or regulation if so requested by the Federal legal system, and will take the lead for prosecutions through the State systemAgencies. In like manner, the Federal agencies local Agency Administrator will notify the State local Agency Administrator of any information related to violations of State by any person or Federal laws, rules business entity (which would include a person or regulations entity doing business under an assumed business name) on State state and private land protected lands on which the Federal Agencies provide wildland fire protection. The Federal Agencies may initiate civil prosecution under State law unless notified by the State that such violation will be prosecuted by the State. Nothing in this provision shall be construed to prevent arrest or prosecution by a Federal agency and will assist the Law Enforcement Officer under Federal law or a State with its prosecutions Law Enforcement Officer under State law. Any Agency protecting lands for another may independently process and or prosecute civil claims to recover suppression costs for intentionally or negligently lit fires; however, Federal Officials should be aware that such actions must normally be taken in the name of the State for fires that occur solely on state or private land. See Exhibit Appendix D item 4 (f) Procedures for Fire Suppression Billings - Negligent Fire Billings and Provision #55 57 Suppression and Damage Collection.

Law Enforcement and Negligent Fires. In criminal and civil actions each Agency shall render mutual assistance in law enforcement activities and the gathering of evidence, and in criminal or civil prosecutions, to the fullest extent practical. Each Agency shall be responsible for fire related law enforcement activities, litigation and court proceedings resulting from wildfires that originate on their respective lands. lands.‌ The Agencies are jointly responsible for law enforcement effortsefforts within jurisdiction, and the Protecting Agency is generally responsible for fire investigations and the preliminary work associated with determining if a criminal or civil action is a possibility. The Jurisdictional Agency is generally responsible for subsequent follow up and prosecutions. Idaho law requires prosecution of State law violations occurring on State and/or private land to be done in the name of the State even though Federal personnel designated as State Firewardens can enforce State laws, rules or regulations, and even though a Federal agency agencies may be the Protecting Agency. However, State employees do not have authority to enforce Federal laws, rules or regulations on Federal land even though they are the Protecting Agency. They may; however, enforce violations of State law on Federal land. Therefore, the State will notify Federal agencies of any information indicating that State or Federal laws, rules or regulations have been violated on Federal land protected by the State. The State will assist the Federal agency with any resulting prosecution through the Federal legal system, and will take the lead for prosecutions through the State system. In like manner, Federal agencies will notify the State of any information related to violations of State or Federal laws, rules or regulations on State and private land protected by a Federal agency and will assist the State with its prosecutions under State law. Any Agency protecting lands for another may independently process and or prosecute civil claims to recover suppression costs for intentionally or negligently lit fires; howeverSee current Operating Plan, Federal Officials should be aware that such actions must normally be taken in the name of the State for fires that occur solely on state or private land. See Exhibit D Appendix V item #4 (f) Procedures for Fire Suppression Reimbursable Billings and Payments - Negligent Fire Billings and Provision Cost Recovery #55 Suppression and Damage Collection71.