37-1303. Suppression of wildfires; powers and duties of state forester; entry on private lands

A. The state forester shall have authority to prevent, manage or suppress any wildfires on state and private lands located outside incorporated municipalities and, if subject to cooperative agreements, on other lands located in this state or in other states, Mexico or Canada. If there is no cooperative agreement, the state forester may furnish wildfire suppression services on any lands in this state if the state forester determines that suppression services are in the best interests of this state and are immediately necessary to protect state lands.

B. In exercising the authority to prevent, manage or suppress wildfires, if the state forester declares a prohibition on fire-causing activities and fireworks, the state forester shall post a notice of the action on the state forester's website and provide a copy of the notice to the news media and the original declaration to the Arizona state library, archives and public records. The notice shall clearly state the types of prohibited activities, where they are prohibited and whether permits that are issued by other governmental entities are affected by the action.

C. The state forester may request the governor to declare a wildland fire emergency pursuant to section 35-192. If liabilities are authorized under both sections 35-192 and 37-1305, the authorization under section 37-1305 must be exhausted before any liabilities may be incurred under section 35-192.

D. The state forester may enter into cooperative agreements with other state and federal agencies, departments and political subdivisions and any person for:

1. Prevention and suppression of wildfires.

2. Assistance with fire and nonfire national and state emergencies and multiagency logistical support in this state and other states.

3. Activities pursuant to the wildfire suppression assistance act (P.L. 101-11; 103 Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada.

E. The state forester may enter private lands in performing the duties under this section.

F. The state forester may enter into agreements to utilize private landowners' equipment and personnel if the fire is on or adjacent to such private landowners' property.

G. Within a wildfire management area, the state forester or the designated wildfire incident commander is not responsible for the safety or actions of any person or private entity contracted to provide wildfire protection services for private property.