2 Colo. Code Regs. § 406-16-1681

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-16-1681 - Rules and Operating Procedures for use of funds credited to the BSAR fund pursuant to section 33-1-112.5(1)(c)(II) C.R.S

A. The Backcountry Search and Rescue (BSAR) fund shall be administered by the Division of Parks and Wildlife (Division) pursuant § 33-1-112.5. C.R.S. and these regulations.

B. DEFINITIONS

1. Operational Expenses: Are those reasonable costs incidental to BSAR activities including, but not limited to: fuel, operating costs, repair, maintenance and rental of motor vehicles, fixed-wing aircraft, helicopters, snowmobiles, boats, horses, generators and any other equipment necessary or appropriate for conducting BSAR activities; reimbursement of mileage at the appropriate state rate; meals and room rental for personnel and any other similar expenses. Operational expenses do not include any salary, overtime or stipend paid to any person permanently employed by a BSAR agency or political subdivision of the state. Operational expenses do not include indirect operating expenses, such as stand-by costs of vehicles and equipment owned by a unit of local government.

2. Eligible agency: Is a public or volunteer association providing specialized search and rescue services and resources authorized by a county sheriff or political subdivision.

3. Eligible person: Is a person in possession of: a current and valid Colorado Parks and Wildlife (CPW) hunting or fishing license; a vessel, snowmobile or off-highway vehicle currently registered through the Division of Parks and Wildlife or a current and valid Colorado Outdoor Recreation Search and Rescue Card.

4. Eligible BSAR Incident: Mobilization of persons or agencies with specialized search and rescue skills authorized by a County Sheriff or political subdivision of the State of Colorado for one or multiple purposes in section § 33-1-102 (1.3)(a), (b), (c), or (f), C.R.S.

5. Eligible Reimbursement Request: Request for payment of operational expenses of an eligible BSAR incident for an eligible person as certified by the sheriff of the county in which the incident took place.

C. LIMITATION OF PAYMENT OF REQUESTS FOR REIMBURSEMENT

1. The Backcountry Colorado Search and Rescue Fund will make no payment for BSAR expenses already paid or reimbursed by another source such as victims compensation, private insurance, or donations made for the purpose of paying for a specific search. Donations of a general nature, not covering expenses of a specific search, shall be excluded from this limitation. Should an eligible agency receive payment from another source after having received payment from the BSAR Fund for the same BSAR Incident, that agency shall reimburse the BSAR Fund an amount equal to the amount of payment received from the other source.

2. No reimbursement requests shall be paid for BSAR activities for which a river outfitter is liable pursuant to the provisions of section § 33-32-108(2), C.R.S., unless such liability has been lawfully discharged.

3. Searches for or recovery of property are not eligible incidents and are not reimbursable through the BSAR Fund.

4. The Division shall not make payment when an insurance policy exists that will cover costs incurred. Payments may be used to pay insurance deductibles.

5. The Division shall not make payment to victim's compensation, individuals, or eligible persons. Payments are solely made to eligible agencies for costs incurred by those agencies or subdivisions in performing BSAR incidents.

a. Costs may include those for contracted resources or expenses incurred and requested for reimbursement by volunteers.

6. The BSAR Fund is not an insurance fund for eligible persons. It does not pay subjects. It does not cover medical expenses or medical transport fees. The use of an air ambulance as a search and rescue incident resource is not considered medical transport. All or portions of air ambulance bills considered elements of an "eligible search and rescue incident" as defined herein, are eligible for payment by the BSAR Fund.

7. The Division will not make payment for the search, rescue, or recovery of persons engaged in illegal activities or persons eluding law enforcement authorities.

D. INCIDENT REIMBURSEMENT PROCEDURES:

1. General request provisions:

a. All reimbursement requests from eligible agencies having incurred reimbursable costs in a BSAR incident within the State of Colorado must be filed with the sheriff in the county where the BSAR activities occurred.

b. The sheriff shall be responsible for certifying and submitting the request for reimbursement to the Division, and for the proper distribution of BSAR Fund money to all agencies and political subdivisions approved for reimbursements.

c. All such reimbursement requests must be certified and submitted to the Division within 60 days of the completion of the search and rescue operation.

i. The 60-day filing requirement may be waived for good cause shown. Failure to submit a certified reimbursement request within 60 days of the completion of a BSAR operation because of other reasons not due to the filer's lack of diligence shall be considered "good cause."

ii. Reimbursement requests received after June 30 of any year will be processed in the following fiscal year and are subject to the funding levels of that fiscal year.

iii. As soon as practical after submission, the Division shall consider each reimbursement request. The Division shall review each request to determine if the actual operating costs requested are reimbursable pursuant to statute, regulations and procedures. In no event shall any payment be made that is not authorized by statute.

2. Payment provisions:

a. Upon receipt of a BSAR incident reimbursement request, the Division shall determine if all expenditures requested for reimbursement are eligible. If the Division determines all expenditures requested are reimbursable, it shall submit a request to the Division Accounting Office for issuance of a payment.

b. Partially completed reimbursement requests or requests omitting required reimbursement information will be returned to the Sheriff.

c. At the end of the State Fiscal Year, as funds are available, all eligible reimbursement requests for ineligible persons shall be paid pursuant to § 33-1-112.5(6), C.R.S.

E. BACKCOUNTRY SEARCH AND RESCUE COUNCIL

1. The Backcountry Search and Rescue Council will be composed of the following members:

a. 3 - elected county sheriffs

b. 2 - members of Colorado Search and Rescue Association

c. 2 - employees of the Division

d. 2 - At-large members

2. All council members must be appointed to the council by the Division Director

3. The Backcountry Search and Rescue Council shall meet to discuss reimbursements and the distribution of grant funds from the BSAR fund in accordance with § 33-1-112.5, CRS, in conjunction with analysis and consultation with Division staff.

a. The Division Director, or their designee, will give final approval for all reimbursements and distribution of funds.

2 CCR 406-16-1681

46 CR 11, June 10, 2023, effective 7/1/2023

47 CR 11, June 10, 2024, effective 7/1/2024

47 CR 23, December 10, 2024, effective 1/1/2025