Memorandum of Agreement
Establishing the Cascadia Prescribed Burn Association and Governing the Relationships of Its Members
Recitals
Prescribed burning is the intentional application of fire to a landscape to meet certain ecological, social, or cultural objectives. Practitioners commonly use prescribed fire to achieve land management outcomes such as improved ecosystem health or reduced risk of severe wildfire to neighboring communities.
Chelan county is positioned on the eastern edge of the Cascade Range, much of it is characterized by dry forests, and shrub/grasslands adapted to frequent, low- to moderate-intensity fire. Fire exclusion, coupled with changes in land use and climate, has substantially altered these ecosystems and resulted in hazardous fuel densities and reduced ecological resilience. The region is thus considered to have high wildfire risk (particularly in highly-exposed wildland-urban interface communities), warranting urgent fuels management across all land types and jurisdictions. The use of prescribed fire across the state has recently increased among tribal nations, federal and state agencies, and local land stewardship organizations; however, significant barriers remain to the use of prescribed burning on privately-owned land.
In 2023, the Cascadia Conservation District received a grant to carry out a feasibility study and learning exchange to determine what potential there was for a PBA in Washington State. The learning from this study provided the foundation for establishing the Cascadia PBA.
To advance these missions and purposes, the Initial Members wish to establish a partnership to promote prescribed burning in central Washington known as the Cascadia Prescribed Burn Association (“CPBA”). It should be noted that CPBA does not use the terms “partnership” and “partner” in the legal sense, and is not a partnership under Washington law. Instead, it is a cooperative arrangement among separate individuals and legal entities.
This Memorandum of Agreement (“MOA”) outlines CPBA’s purpose and objectives, establishes the requirements of membership, and provides legal guidelines for prescribed fire activities associated with the CPBA.
Agreement
Now, therefore, the Initial Members and the undersigned New Members hereby agree as follows:
1. Purpose.
The CPBA is an unincorporated coalition of organizations, agencies, landowners, and individuals in Washington’s Chelan county interested in using prescribed burning to restore fire-adapted ecosystems and protect local communities from catastrophic wildfire.
The Mission of the CPBA is:
“to collaboratively promote the responsible use of fire as a natural ecological process and management tool in central Washington.”
2. Goals.
The goals of the CPBA are to:
2.1 Scale up the responsible use of prescribed burning on private lands in Chelan County.
2.2 Increase Member capacity to utilize prescribed burning as a land management tool through training and resource sharing.
2.3 Expand local regulatory support and public acceptance of prescribed fire.
2.4 Develop and implement cross-boundary prescribed fire projects with state and federal agencies to maintain fuels reduction treatments.
To achieve these goals, the CPBA and its Members will, subject to each Member’s legal authority, regulations, policies, programmatic priorities and availability of funding:
● Enhance communication and coordination among Members to facilitate collaborative burn events.
● Establish transparent communication of planned PBA burns and activities in the area to support operational success, build social acceptance of prescribed fire, and plan for emergency situations.
● Maintain positive relationships with local Emergency Management personnel and fire districts.
● Seek federal, state, regional, local and private funding to support prescribed burn activities and training.
● Freely share land management expertise and resources as practicable and as allowed by the administering organization or the landowners' policies.
● Provide opportunities for prescribed burn education, training, and on-the-ground mentoring for all participants.
3. Membership.
The CPBA is established with the Initial Members and New Members may join by signing this MOA. The CPBA is an unincorporated collaboration among existing organizations and individuals only; it is not a separate organization or a subsidiary of any of its Members.
4. Activities.
The CPBA is established to support and coordinate safe and effective prescribed burns and provide education and training opportunities to those interested. The CPBA will coordinate among its Members to facilitate training, technical assistance, provision of personnel and equipment, community outreach, cross boundary burn project development and education concerning the use of prescribed burns.
5. Governance Structure.
The CPBA will be managed by a Steering Committee composed of at least five and at most 11 CPBA Members. The Steering Committee shall aim to include, at minimum, three representative positions: one representative from the Initial Member (CCD), one small private landowner representative; and a Washington Certified Prescribed Burn Manager. An organization that is a Member of the CPBA may have only one voting representative on the Steering Committee but may elect a primary and secondary representative in the absence of a primary. Steering committee positions will be filled on a volunteer basis.
The Steering Committee will strive to make any decisions by consensus and will employ procedures to promote transparency, efficiency, and fairness in its decision making. Where consensus cannot be met, decisions can be made by affirmative vote of two-thirds of Steering Committee members then present, provided a quorum of at least half of all Steering Committee members is met. Decisions can also be reached via email, conference call, or other electronic means as necessary, provided that all members are provided an opportunity to weigh-in and two-thirds of Steering Committee members provide affirmative consent. The Steering Committee will meet at least twice a year and communicate regularly during prescribed burning seasons.
Steering committee duties may include, but are not limited to:
● Determining whether the criteria outlined in Section 8.2 are met for a proposed prescribed burn unit, therefore making the burn eligible for CPBA support.
● Prioritizing landowners/burn units as necessary when the number of available units extends beyond CPBA capacity for support, as described in Section 8.3.
● Gathering input from CPBA Members and the broader community to identify training, equipment, or other interests/needs that can be met via CPBA programming.
● Providing guidance in the strategic planning and growth of the CPBA.
● Reviewing the MOA annually and proposing any recommended changes for consideration by the Members prior to renewal.
Monitoring budget, deliverables, and monitoring requirements CPBA has committed to assure timely completion of deliverables and efficient use of funds.
Making decisions on how unrestricted funds, such as donations, are utilized for the greater good of the PBA.
6. Term.
The term of this MOA is three years from the date of signing by all Initial Members. At the end of the first three-year term or any term thereafter, any Members may agree to extend their participation in this MOA. The rights and obligations of any Members that decline to participate in the CPBA for a subsequent term are terminated as of the anniversary date, except for such rights and obligations pursuant to Section 10, which survives termination or expiration of this MOA. In addition, any party to this MOA can withdraw from this MOA and CPBA at any time by providing the other Members written notice of such withdrawal. The CPBA shall be terminated upon the decision of the Steering Committee or upon expiration of a term in which no Members agree to extend the MOA.
Any Member may choose to terminate their Membership to the CPBA, and thus their obligations to this MOA, with 30 days written notice.
7. Membership Requirements.
Membership to the CPBA commences when an entity or individual signs this MOA. Participation as a Member is voluntary and does not involve strict requirements; however, it is expected that Property Owners requesting to utilize PBA resources for a burn on their property (“Requesting Members”) will make an effort to participate in at least two burns prior to and or attend member meetings or other PBA organized events.
When an organization signs this MOA to become a CPBA Member, its officers, directors, employees, and other representatives automatically become Members of CPBA. Individuals representing a CPBA Member Organization must still sign the appropriate liability release form(s) to participate in a CPBA-supported burn activity.
CPBA trainings and meetings are available to non-Members, and non-Members may attend CPBA-supported burns as participants. However, the use of CPBA equipment cache is limited to Members (i.e., MOA signees). All participants on a CPBA-supported burn must sign the appropriate liability release form(s) and have been granted approval from the landowner and burn manager.
Membership may be revoked if a Member fails to adhere to the guidelines of the CPBA as outlined in this MOA. Such revocation will be determined by a consensus vote of the Steering Committee following a review of the Member's conduct. Written notice of the revocation will be provided to the Member, detailing the reasons for the action.
8. Prescribed and/or Training Burns – Operations and Responsibilities.
The CPBA shall promote and coordinate prescribed and/or training burns by its Members in accordance with the following terms:
8.1 Responsibility for any burn shall rest with the landowner(s), each of whom shall be a Member of the CPBA. However, landowners may elect to further assign responsibility to a Certified Burn Manager, NWCG Burn Boss Type 3, 2, or 1. The CPBA functions only to connect landowners with technical assistance, personnel, and equipment provided by other Members.
8.2 The Steering Committee shall consider a burn unit for CPBA support when the Requesting Member can demonstrate to the Steering Committee that the following criteria have been satisfied:
a. The landowner has determined whether or not to hire a qualified burn manager (e.g., WA or OR Certified Burn Manager, NWCG Burn Boss Type 3 or 2) or a third party. This determination shall be made in the sole and absolute discretion of the landowner.
b. The landowner or burn manager holds a written burn plan and permit. The burn plan shall include at minimum all of the elements of the WA DNR certified burner template. Any go/no go checklist must demonstrate that the other requirements of this Section 8.2 are met.
c. The landowner and burn manager, if applicable, agree to follow all applicable local, state, federal, and tribal laws.
d. The landowner or burn manager has obtained all applicable permits, licenses, and authorizations, including but not limited to any necessary governmental burn permits or air quality permits/approvals.
e. The landowner or burn manager will ensure all pre-burn notifications will be made as required by the permitting agency.
f. The landowner or burn manager will ensure that all participants agree to follow the written burn plan and all directions of the landowner and burn boss and to act in a safe and responsible manner.
g. The landowner or burn manager will ensure that all equipment to be used to conduct the burn is appropriate for the type of burn and the conditions, and that all equipment is in good working order.
h. The landowner or burn manager will ensure that enough participants are adequately trained, experienced, and physically fit to meet the minimum personnel requirements outlined in the burn plan. The landowner or burn manager has sole and absolute discretion to determine the level of training, experience, fitness and protective equipment necessary for any burn.
i. When burning on lands managed by an CPBA Member
Organization, the landowner or burn manager will ensure that any additional criteria or requirements pre-designated by that organization via the form provided in Appendix A (“Specific Agency/Organization Requirements”) are met.
j. The landowner will sign the Assumption and Release of Liability Agreement for CPBA Activities, or another appropriate agreement as determined by the Steering Committee, and will ensure that all participants in the burn sign the same, including any non-participating observers.
8.3 If more landowners meet the criteria in Section 8.2 than the CPBA has capacity to promote or coordinate, the Steering Committee may prioritize landowners for promotion and coordination support based on previous participation by the landowner in CPBA activities, the timing of the proposed burn, the potential benefit of the burn to the landscape, quality of burn preparation or other reasonable factors as determined by the Steering Committee.
9. Equipment Sharing.
The CPBA shall promote and coordinate equipment sharing by its Members in accordance with the following terms:
9.1 The equipment borrower shall fill out and sign an equipment lending agreement be responsible for determining if the equipment is in good working order and if it is appropriate for the activity. Consequently, the equipment borrower agrees to release and waive any claims against the equipment lender and to indemnify the equipment lender for any third-party claims arising out of the equipment borrower’s use of the equipment.
9.2 The CPBA functions only to connect landowners with other Members who may be willing to lend equipment; it does not own or provide any equipment itself.
9.3 Equipment purchased by a Member of the CPBA with grant or other funds specifically designated for CPBA support must be made available to support burn activities associated with the CPBA throughout the life of the equipment. Sharing by Members of any other equipment is voluntary.
9.4 All equipment from the CPBA Burn Trailer must be checked-out utilizing the form in the trailer if the equipment is being taken to another site for burn prep, planning, etc.
10. Liability.
10.1 On behalf of itself, and its officers, directors, members, employees, volunteers, agents, representatives, heirs, and assigns, each Member agrees that it shall be responsible for its own acts and omissions undertaken as part of the CPBA, and the results thereof, and that it shall not be responsible for the acts or omissions, nor the results thereof, of any other Member. Each Member, therefore, agrees to assume the risk and liability to itself for any and all claims, losses, costs, damages, expenses (including attorneys’ fees), personal injuries, or deaths resulting in any manner from the Member’s acts or omissions and/or the acts or omissions of its officers, directors, members, employees, volunteers, agents, and representatives during or related to activities promoted or coordinated by the CPBA.
10.2 On behalf of itself, and its officers, directors, members, employees, volunteers, agents, representatives, heirs, and assigns, each Member further releases and waives all claims and liabilities against every other Member and the CPBA, and their officers, directors, members, employees, volunteers, agents, representatives, heirs, and assigns, for any and all losses, costs, damages, expenses (including attorneys’ fees), personal injuries, or deaths during or related to activities promoted or coordinated by the CPBA, except to the extent caused by the gross negligence or willful misconduct of the other Member.
10.3 Notwithstanding Sections 10.1 to 10.2, the Requesting Member agrees to accept all liability for any and all claims, losses, costs, damages, expenses (including attorneys’ fees), personal injuries, or deaths to non-participants arising from prescribed and/or training burns, except to the extent caused by the gross negligence or willful misconduct of the other Member.
a. Each Requesting Member therefore agrees to indemnify and hold every other Member and the CPBA harmless for any and all claims or liabilities for any and all losses, costs, damages, expenses (including attorneys’ fees), personal injuries, or deaths made by a non-participant against the other Member or the CPBA during or related to the
Requesting Member’s prescribed and/or training burns, except to the extent caused by the gross negligence or willful misconduct of the other Member.
b. The Requesting Member may further assign liability to a burn manager engaged for the prescribed and/or training burn. It shall be the obligation of the Requesting Member to ensure the agreement with the burn manager addresses liability as intended.
c. This Section 10.3 shall only apply to claims against the Member or the CPBA made by non-participants. Each participating Member shall release and waive all claims against the Requesting Member relating to that Requesting Member’s prescribed and/or training burns according to Sections 10.1 and 10.2.
10.4 The CPBA assumes no liability for the conduct of its Members.
10.5 Each Member Organization shall carry appropriate workers compensation coverage for any of its employees participating in CPBA activities and general liability insurance coverage. This requirement does not extend to individual members.
10.6 This Section 10 shall survive expiration or termination of the MOA.
11. Intellectual Property and Trademarks.
11.1 Unless otherwise agreed to by the Members, the copyright and other intellectual property rights in any documents, reports, studies, and maps developed by one Member for use by the CPBA will belong to the Member that produces the product. Each Member agrees that they will not infringe on the intellectual property rights of others in the performance of this MOA.
11.2 To the extent the names and logos of any Member are trademarked, they may not be used for any external purpose without the prior express written permission of their owners.
12. General Provisions.
12.1 Amendments. This MOA may be amended, modified, or otherwise changed as needed by a written instrument duly signed by all members.
12.2 Applicable Law. This MOA shall be governed by, construed, and enforced in accordance with the laws of the State of Washington.
12.3 Authorized Representatives. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this MOA.
12.4 Compliance with Laws. Members shall comply with all laws applicable to any activities promoted or coordinated by the CPBA.
12.5 Counterparts. The Members agree this MOA may be executed in counterparts, facsimile, or email. PDF image signatures have the same force and effect as original signatures.
12.6 Dispute Resolution. The Members shall make a good faith effort to meet and to settle any dispute or claim arising under this MOA prior to pursuing litigation. If any litigation is commenced between parties to this MOA concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs.
12.7 Entire Agreement. This MOA constitutes the sole and entire agreement between the Members, superseding all prior agreements, negotiations, and discussions regarding its subject matter. The Members each acknowledge that by entering this MOA, they are not relying on any representation, promise, or warranty other than the terms and provisions set forth in this MOA.
12.8 Joint Venture. Unless otherwise expressly provided by law, personnel or volunteers of one Member shall not be considered to be agents or employees of another Member for any purpose, and no joint venture or principal-agent relationships shall be deemed to exist. No Member shall have the authority to bind any other Member to any contract or other obligations. The CPBA shall have no authority to bind any of its Members to any contract or other obligations, and the CPBA is not itself able to take on contractual or other obligations.
12.9 Severability. If any paragraph, section, sentence, clause, or phrase in this MOA shall become illegal, null, or void for any reason, or shall be held by a court of competent jurisdiction to be illegal, null, void, or against public policy, the remaining paragraphs, sections, sentences, clauses, or phrases herein shall not be affected thereby and the balance of the MOA shall remain fully enforceable.
12.10 Successors and Assigns. This MOA shall be binding on and inure to the benefits of the Members and to their respective successors and assigns and include any successor or assign of any Member under this MOA.
13. Financial Stewardship
13.1 Any grant, donation, or money received by a CPBA partner intended for work through the CPBA must be disclosed to the Steering Committee and reported on at Steering Committee Meetings.
13.2 Cascadia Conservation District has established a CPBA Unrestricted Fund to accommodate donations or residual project funding. Decisions on use of these funds is to be decided on through a vote of the Steering Committee.
13.3 Cascadia Conservation District is the current fiscal sponsor of CPBA. The role of the fiscal sponsor includes;
-Receiving and administering grants applied for by CPBA
-Accepting donations from landowners interested in contributing to CPBA