Oregon considers independent firefighting action on federal land
Published 2:19 pm Thursday, February 27, 2025
- Firefighters battle the Darlene 3 Fire in June.
SALEM — Oregon forestry officials could initiate firefighting on federal lands, even if it’s not requested by the U.S. government, under a bill that’s raising liability concerns.
Democratic and Republican lawmakers say they introduced Senate Bill 432 in response to alleged firefighting delays by federal officials, such as those leading up to the 2020 Labor Day fires in the Santiam Canyon.
“Those fires were allowed to burn for weeks and they did very little to put those fires out,” eventually allowing them to flare up to massive proportions, said Sen. Fred Girod, R-Stayton, the bill’s chief co-sponsor.
The bill requires firefighters under contract with the Oregon Board of Forestry to develop fire-fighting strategies with the U.S. Forest Service before the wildfire season begins.
However, if those plans “do not adequately protect forestland” when a blaze starts on Forest Service land, contracted firefighters may enter the property to extinguish or control the fire to the extent allowable by federal law.
“We know the practices we use to fight fire within the state are working. Unfortunately, it seems to me the federal counterpart is still trying to learn from us how to do it, but they are not doing it nearly enough or where it’s most prudent to do it,” said Sen. Floyd Prozanski, D-Eugene, another chief co-sponsor of SB 432.
When asked about the bill, a representative of the Forest Service said, “it would be inappropriate for us to comment on pending legislation.”
During a recent legislative hearing, Prozanski and Girod asked a representative of the Oregon Department of Forestry, which is officially neutral on the bill, about potential liability concerns.
Currently, ODF has a standing agreement with the Forest Service under which it’s financially compensated for suppression efforts if it’s asked onto federal lands by the U.S. government, said Tim Holschbach, the state agency’s fire prevention and policy manager.
However, if the ODF initiates independent action on federal lands as proposed under SB 432, the state government would assume the ultimate responsibility for those costs — as well as any injuries or accidents that may occur, he said.
The ODF has regular conversations with the Forest Service about coordinating firefighting activities, Holschbach said.
While the federal government has never told the state agency not to suppress a wildfire, it does sometimes redirect aircraft and other resources to avoid redundancy or conflicts, he said.
“We work as reciprocal as possible,” Holschbach said.