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Order Number 01-15-07-21-28 UNITED STATES DEPARTMENT of AGRICULTURE FOREST SERVICE HELENA-LEWIS and CLARK NATIONAL FOREST BELT C

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Order Number 01-15-07-21-28 UNITED STATES DEPARTMENT of AGRICULTURE FOREST SERVICE HELENA-LEWIS and CLARK NATIONAL FOREST BELT C Order Number 01-15-07-21-28 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE HELENA-LEWIS AND CLARK NATIONAL FOREST BELT CREEK-WHITE SULPHUR SPRINGS RANGER DISTRICT – NEIHART, MONTANA FOREST ORDER National Forest System Area Closure-Balsinger Fire of the Divide Complex Fire Pursuant to 16 U.S.C. § 551, 36 C.F.R. § 261.50 (a) and 36 C.F.R. § 261.52 (e) the following acts are prohibited on the Belt Creek-White Sulphur Springs Ranger District, Helena-Lewis and Clark National Forest. PROHIBITION: 1. To go into or be upon the area described below [36 C.F.R. § 261.52(e)]. AREA CLOSURE DESCRIPTION: All National Forest Systems lands, including all roads and trails within the boundary of the following area, except as stated below, are closed (Attachment A-Area Closure Map): From the town of Monarch head south on Hwy 89 to where FS Road #839 intersects, then west and north along #839 to the junction of FS Road #586, moving west along #586 to the junction of FS Road #3465. Following FS Road #3465 to the top of Williams Mtn. which at that point turns into Trail #347, following Trail #347 north to where it meets Trail #342, then following Tenderfoot Creek Trail #342 west to Trail #343, following Trail #343 northeast to Trail #341, then north along Trail #341 to the intersection of FS Road #268, follow #268 to the junction of FS Road #839, following #839 north connecting with Trail #304, follow #304 down to Belt Creek. Follow Belt Creek upstream to the town of Monarch and Hwy 89. Road # 839 and # 268 in the Logging Creek drainage, along with Logging Creek Camp Ground, Many Pines Camp Ground, and Kings Hill Winter Recreation Parking Lot remain open. PURPOSE: This closure is for public health and safety due to the Balsinger Fire of the Divide Complex Fire. IMPLEMENTATION: This order will be in effect from July 29, 2021, and shall remain in effect until September 30, 2021, or until the order is rescinded, whichever occurs first. These prohibitions are in addition to the general prohibitions in 36 C.F.R. Part 261, Subpart A. Order Number 01-15-07-21-28 EXEMPTIONS: Pursuant to 36 CFR 261.50(e), the following persons are exempt from this Order: (1) Persons with a Forest Service special use authorization or other authorization specifically exempting them from the effect of this Order; (2) Owners or lessees of land in the closed area; (3) Residents in the closed area; (4) Any Federal, State, or local officer, or member of an organized rescue or fire fighting force in the performance of an official duty; and VIOLATION: Violation of these prohibitions is punishable by a fine of not more than $5,000 for an individual or $10,000 for an organization, imprisonment for not more than 6 months, or both. (16 U.S.C. §551 and 18 U.S.C. §§ 3559, 3571(b)(6) and 3581(b)(7). INFORMATION: Further information regarding this Order may be obtained at the Belt Creek- White Sulphur Springs Ranger District Office located at 204 W. Folsom Street, White Sulphur Springs, Montana, 59645, (406) 547-3361, and at the Helena-Lewis and Clark Forest Supervisor’s Office located at 2880 Skyway Drive, Helena, Montana, 59602, (406) 449-5201. Executed in Helena, Montana, this 29th day of July, 2021. SARA MAYBEN Acting Forest Supervisor Order Number 01-15-07-21-28 Order Number 01-15-07-21-28 Assessment of Need and Enforcement Plan 1. Background: The Forest Service is suppressing the Balsinger Fire of the Divide Complex located approximately 7 miles West of Neihart, Montana. It is necessary to close this area in order to protect public safety while fire suppression activities are in the area. 2. Intent of Subpart B order: Due to the unpredictable nature of fire and busy recreation season it is the intent of the following order to protect public safety by restricting access on and around National Forest System lands while providing for efficient operations during suppression of the Balsinger Fire of the Divide Complex. 3. Enforcement: Enforcement of the closure forest order will be a combination of signing, public information, personal contacts and law enforcement actions. The following summarizes the enforcement goals with respect to this closure order: • The goal will be to ensure that people are informed of the closure order. This will initially be promulgated through contacts and information releases before the special order goes into effect. • LEO’s & FPO’s will endeavor to enforce the order through patrols and contacts when available to do so. Enforcement with a warning or citation will be at the discretion of the Law Enforcement Officer or Forest Protection Officer. 4: Posting: Current posting will be modified to reflect the new prohibition. Posting will be completed by the Forest Staff and will be posted at a minimum on the Helena-Lewis and Clark National Forest Alerts & Notices web page, the District office and signage in the immediate area of the closure. Order Number 01-15-07-21-28 Civil Rights Impact Analysis Forest Supervisor’s Order 01-15-07-21-28 Helena-Lewis & Clark National Forest Belt Creek-White Sulphur Springs Ranger District Introduction The Helena - Lewis and Clark National Forest Supervisors and Belt Creek-White Sulphur Springs District Ranger have decided to have a closure for public health and safety due to the Balsinger Fire. The order will provide exemptions that are articulated on the Forest Supervisor's Order 01-15- 07-21-28. Civil Rights Impact Statement The restriction of all public access will have no adverse impacts on civil rights because the closure will apply to all individuals equally unless listed on the Forest Supervisor's Order 01-15- 07-21-28 as exempted individuals. No one group will be affected more than another group. Implementation of the proposed Supervisor's Order will not adversely or disproportionately impact minorities, women, low-income populations, or people with disabilities (Americans with Disabilities Act). ____________________________ 7/29/2021 Sara Mayben Date Forest Supervisor NEPA Review & Assessment: I have concluded that this decision may be categorically excluded from documentation in an Environmental Impact Statement (EIS) or Environmental Assessment {EA) under the National Environmental Policy Act. This action falls within the category identified in 36 C.F.R. § 220.6(d}(l) - prohibitions to provide short-term resource protection or to protect public health and safety - and does not require documentation in a decision memo, decision notice, or record of decision. I have determined that there are no extraordinary circumstances associated with this temporary closure. Implementation of the decision may begin immediately. ____________________________ 7/29/2021 Sara Mayben Date Forest Supervisor .
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