Legislative panel hears stateresponse review after historic wildfires; cost-sharing, mutual aid examined

State and federal emergency managers told the Emergency Response Services Committee on Oct. 26 that North Dakota—s multiagency response to recent wildfire outbreaks relied on preplanned roles, readiness calls and coordination between the Department of Emergency Services (DES), the North Dakota Forest Service (NDFS), the National Guard and local fire departments.

Darren Hansen, director of Homeland Security and Emergency Management at DES, said the state maintains a formal state emergency operations plan with a fire incident annex that identifies lead agencies and how mutual aid and federal support will be used. "The fire annex describes how we will organize a response to both wildland fire and urban fires," Hansen said.

The committee heard that the state—s Watch Center and daily readiness calls were central to managing the October wildfire incident that produced multiple fast-moving fires across several counties. DES officials said they pre-positioned National Guard helicopters and used a combination of state, federal and private aviation and ground assets when conditions allowed safe flight operations.

Tom Clays, state forester for the North Dakota Forest Service, described long-standing agreements that exist between federal agencies and the state to share resources and negotiate costs after the incident. He pointed to the North Dakota Statewide Master Cooperative Wildland Fire Management and Stafford Act Response Agreement (the "6-party agreement") as the practical framework the state uses when federal partners are involved.

Hansen explained how cost-sharing is handled in practice: if a local jurisdiction has an emergency declaration before state assistance is requested, DES generally seeks a 75 percent state / 25 percent local split on state-provided resources; if a declaration is issued only after the state assistance request, DES generally applies a 50/50 split; if no declaration is made, the local jurisdiction may be asked to cover the full cost.

"One of the biggest issues we see with wildland fire is the cost sharing is often negotiated after the fact, especially with the federal government," Hansen told the committee. That uncertainty makes some local jurisdictions reluctant to request assistance, he said.

Committee members and agency witnesses discussed other response and recovery tools: the Federal Emergency Management Agency—s Fire Management Assistance Grant (FMAG) process, the process for requesting a presidential disaster declaration, and state-managed caches of equipment and slide-in firefighting units that can convert commercial trucks into brush trucks for local use.

Clays described state investments in surge capacity and equipment that the Forest Service leverages for local departments, including federal excess personal property (F.E.P.P.) equipment valued at several million dollars and a recent stream of grants for fire departments. "The current state general fund investment in NDFS firefighting staffing is modest but it leverages millions of dollars in equipment and firefighters across the state," Clays told the committee.

Several witnesses suggested immediate, low-cost priorities for lawmakers: (1) formalize a statewide mutual-aid agreement to make cross-region mutual aid simpler; (2) sustain the watch center—s information dashboard and its link to 9-1-1 and dispatch centers; and (3) expand training and pre-positioned capacity such as red-card training for National Guard personnel and regional caches of equipment.

Committee action: lawmakers authorized a separate consultant procurement related to ambulance delinquent-billing issues during the same hearing, and discussed seeking interim funds to hire consultants for the larger "evolving fire service" study authorized by 2025 legislation. The committee requested DES and NDFS follow up with more detailed cost estimates for mutual-aid and prepositioning options.

Why it matters: North Dakota—s extreme seasonal variability means response needs can spike rapidly. The committee sought clarity about who pays for resources, how quickly aviation can be used safely, and how to lower the threshold for local jurisdictions to ask for help without fearing unsustainable bills.

What—s next: Agencies said they would provide additional line-item cost estimates and recommended language for mutual-aid terms. The committee plans further hearings and may authorize a consultant to analyze regional response capacity and governance if interim funds are approved.