Montana still disappointed that the USFS will not approve their helicopters

The disagreement between the U.S. Forest Service and the state of Montana over helicopters operated by the Montana Department of Natural Resources and Conservation continues.

MT DNRC helicopter
Helicopter operated by the Montana DNRC. Photo credit: Montana DNRC.

The DNRC operates five UH-1H (Huey) helicopters that are on loan from the U.S. Forest Service under the Federal Excess Personal Property (FEPP) program. After the state made several significant modifications to the aircraft they no longer conform to the specifications the USFS requires to be approved, or “carded”, so that they can be used on federal wildfires. With the modifications, Montana now calls them “MT-205” helicopters. The change most often mentioned is the 324-gallon water bucket they use when the maximum allowed for that model under USFS regulations is 300 gallons.

In the latest development in the disagreement, MTN News reported that on Wednesday Montana’s Environmental Quality Council voted to send letters to U.S. Interior Secretary Ryan Zinke and Agriculture Secretary Sonny Purdue, asking that an exception be made that would allow the modified MT-205’s to be used on federal lands.

In an excerpt from an article by Jonathon Ambarian of MTN News, DNRC Director John Tubbs explains why they do not wish to use the USFS approved water bucket.

Tubbs said the MT-205 helicopters would have to be outfitted with a bucket smaller than 300 gallons in order to meet the federal standard. He said DNRC isn’t willing to make that change, because they want to maintain as much firefighting capacity as possible.

After we wrote about this controversy in 2015, representatives from three privately owned helicopter companies sent us a letter laying out a number of reasons why the MT-205’s should not be granted an exception to the federal standards. In addition to the issue of government competing with private enterprise, they said:

The Forest Service has not approved their aircraft for use, and has not for several years, because engineering and data for certain modifications performed on their aircraft is suspect or missing.  Furthermore, critical required engineering data that has been provided to the DNRC is not adhered to.

And their letter continued:

[The helicopters acquired through the FEPP] are to be maintained in accordance with the original military standards or a combination of military or commercial (FAA) standards, whichever are more stringent. The DNRC has done neither.

Controversy over Montana DNRC helicopters intensifies

MT DNRC helicopter
Helicopter operated by the Montana DNRC. Photo credit: Montana DNRC.

Representatives from three private helicopter companies in Montana have waded into the controversy about the U.S. Forest Service not approving modifications made to helicopters operated by the Montana Department of Natural Resources and Conservation. The lack of approval means the helicopters cannot be used for fires on national forest land.

The DNRC operates five UH-1H (Huey) helicopters that are on loan from the U.S. Forest Service under the Federal Excess Personal Property (FEPP) program.

On August 21 Montana Governor Steve Bullock called the Forest Service’s position on the issue “nonsensical”, according to Newsmax, and in a letter to Secretary of Agriculture Tom Vilsack wrote:

I am doing my part to mobilize every available firefighting resource at my disposal, and make them available to all fire protection agencies. I encourage you to do your part by directing leadership within your respective agencies to rescind this unnecessary and artificial restriction on Montana aircraft as soon as possible.

The FEPP program requires helicopters to be in full compliance with FAA regulations, however the DNRC stated in 2010 that they do not hold FAA Airworthiness Certificates.

The representatives from the Montana helicopter companies say there is much more to the story. We received the following letter written by Will Metz of Vigilante Helicopters, Gary Blain from Billings Flying Service, and Mike Mamuzich of Minuteman Aviation.

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September 18, 2015

“To: Bill of Fire Aviation   

RE: Use of Montana UH-1H Firefighting Aircraft on Federal Lands is Suspect

From 2009-2012 Aviation Watch Inc., a non-profit organization that represented private aircraft operators and contractors, conducted a review of the MT DNRC Aviation Program. This in depth FOIA review discovered concerning and glaring operational and maintenance issues regarding Montana DNRC Aircraft. These technical and sometimes complicated issues are previous to this year’s fire season and are ongoing. 

Although in recent articles the DNRC has explained some of the issues away as good ideas in the name of performance, the facts remain.  The Forest Service has not approved their aircraft for use, and has not for several years, because engineering and data for certain modifications performed on their aircraft is suspect or missing.  Furthermore, critical required engineering data that has been provided to the DNRC is not adhered to. For instance, letters written to the DNRC by Billings Flying Service and the response by the DNRC, along with the related engineering report, you will see items highlighted that are of continuing concern. 

The last page of their own engineering report, Fig 13 Weight Altitude and Temperature (WAT) Chart, which is required, clearly limits their lifting capability. This has been referred to in recent press articles as “the bucket issue”. It is not the size of the bucket but rather the weight you can lift with approved performance data. The DNRC has surreptitiously omitted this from their own flight manual supplement and apparently it is not applicable to them, even though they paid for the data.  Civilian helicopters are capable of lifting more than the performance charts allow as well, but they cannot self-approve themselves to do so, nor is it safe.

There were numerous other issues raised, some egregious, as part of the operator review that are available. Even the possibility of one such discrepancy in the civilian world would ground aircraft, some permanently.  These Documents, attachments and others are available on a website. 

As they should, the Forest Service requires all aircraft fighting fires on Federal lands to adhere to the same performance and standards for safety and standardization reasons. The MT DNRC requires private operators contracting with them to adhere to these standards as well, of which they themselves do not meet.

Continue reading “Controversy over Montana DNRC helicopters intensifies”

Montana Governor complains that some state helicopters are barred from working on USFS fires

Below is an excerpt from an article at Newsmax:

Montana’s governor on Friday [August 21] called on federal officials to lift what he called nonsensical restrictions that bar the state from using some of its helicopters to fight nearly a dozen major wildfires burning largely out of control across the state. Governor Steve Bullock, who declared a state of emergency earlier this week authorizing use of National Guard troops and aircraft along with state firefighters and helicopters, said in a letter to U.S. Agriculture Secretary Tom Vilsack that the federal rules were unnecessary obstacles to fighting the fires.

“I am doing my part to mobilize every available firefighting resource at my disposal, and make them available to all fire protection agencies,” Bullock said in the letter. “I encourage you to do your part by directing leadership within your respective agencies to rescind this unnecessary and artificial restriction on Montana aircraft as soon as possible.”

Bullock spokesman Mike Wessler said U.S. fire managers barred the use of UH-1H helicopters over federal land because they have objected to modifications to the state’s fleet that made them faster and able to carry more water.

The Democratic governor added, “I continue to be frustrated by this unwarranted and artificial limitation on interagency use of our aircraft.”

On August 22 we asked the U.S. Forest Service for their reaction to the story. On August 24  we were given this statement issued by their Northern Region:

The Northern Region of the Forest Service values the professionalism and fire-fighting support it receives from its partnership with the State of Montana. The Forest Service and the State of Montana Department [sic] have different standards and regulations to which each must adhere. Federal agencies, including the Forest Service, follow federal operational aviation safety standards that prescribe minimum specifications for the types of aircraft. These performance specifications provide an industry recognized margin of safety.

UPDATE September 23, 2015: Representatives from three Montana helicopter companies express their opinions on the issue.