CRITERIA TO ACQUIRE FEPP
The administrative provisions of appropriations acts annually provide for Forest Service acquisition of excess aircraft from military services and Federal civilian agencies. This includes aircraft seized by Federal law enforcement agencies. The purpose of this authorization is mainly to permit the Forest Service to loan these aircraft to State foresters for support of the State's fire protection programs.
States acquiring aircraft through this FEPP program shall use the aircraft for fire protection activities. States may not acquire aircraft through the FEPP Program to support the Forest Service or other federal agencies. The States requesting aircraft, aircraft parts and specialized aircraft tools, must be able to justify FEPP aircraft based entirely on the fire protection needs of the State.
Written authorization must be obtained from the Regional, Area, Institute and national FEPP managers before FEPP aircraft are assigned to agencies whose primary mission is other than fire, such as law enforcement agencies, search and rescue, and others who may also provide fire protection or work under agreement with the fire agency to provide fire protection.
Loaning FEPP aircraft to non fire-protection entities is not permitted. FEPP aircraft used in the conduct of either public or civil aircraft operations must be in full compliance with applicable FAA Regulations (14 CFR 137).
Government competition with private industry is not allowed. The Government should not use FEPP to provide services for others when there are commercial services reasonably available to provide the service.
Forest Service aircraft on loan to State forestry agencies are subject to recall if not used in accordance with Federal aviation laws and regulations and property management laws and regulations.
The primary use of all aircraft must be for fire protection purposes. Incidental use for other than fire or emergency purposes of up to 10 percent is allowed. Written explanation is required for non fire use exceeding this level.
When FEPP aircraft are used, it is permissible to recover the direct cost of operating the equipment. Use rates shall not include depreciation, amortization, modification, profit, risk, start-up, or replacement costs of FEPP aircraft or FEPP aircraft parts.
Personal use of FEPP aircraft is not permitted.
Aircraft must be placed into use within 5 years of receipt. The Regional, Area, or Institute PMO may allow additional time when justified by the State Forester.
Acquisition of FEPP aircraft must be evaluated by States to determine if FEPP is the most appropriate and cost-effective mechanism for meeting fire program objectives.