PHASE B FIRE RESTRICTIONS – South Malheur

Associated Documents

Forest Order

MALHEUR NATIONAL FOREST
Forest Order #06-04-00-25-05

ORDER
PHASE B FIRE RESTRICTIONS – South Malheur

Pursuant to 16 USC. § 551 and 36 CFR. § 261.50(a) and (b), the following acts are
prohibited on all National Forest System Lands within the Emigrant Creek Ranger
District on the Malheur National Forest, Oregon. This Order is effective from July 10,
2025, at 12:01 a.m., until September 30, 2025, 11:59 p.m., unless rescinded sooner.

PROHIBITIONS:
1) Building, maintaining, attending, or using a fire, campfire, charcoal briquette, or stove
fire, except within a designated recreation site listed in Exhibit B (below) of this Order.
36 CFR. § 261.52(a).
2) Smoking, except within an enclosed vehicle or building, at a recreation site, or while
stopped in an area at least 3 feet in diameter that is barren or cleared of all flammable
material. 36 CFR. § 261.52(d).
3) Operating a chainsaw between the hours of 1:00 pm to 8:00 pm. 36 CFR. § 261.52(g).
Saw operators are required to have a shovel (8” wide, 26” length), and fire extinguisher
(minimum ABC 8 oz.) in their possession 36 CFR. § 261.52(f). A one-hour fire watch
is required at the site of any chainsaw operations after saw operations cease.
4) Operating an internal combustion engine. 36 CFR. § 261.52(g).
a) Generators are allowed when used in a location cleared of flammable material
in an area at least 10 feet in diameter and approved spark arrestor.
5) Possess or use a vehicle off National Forest System roads, except when parking in an
area devoid of vegetation within 10 feet of the roadway. 36 CFR. § 261.56.

CLOSURE AREA DESCRIPTION:
The Closure Area includes all National Forest System Lands within the Emigrant Creek
Ranger District on the Malheur National Forest, Oregon, as shown on the attached map
(Exhibit A). Note that the Closure Area includes the Forest Service lands inside the town
of Hines.

EXEMPTIONS:
Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:
1. Persons with Forest Service Permit No. FS-7700-48 (Permit for Use of Roads, Trails,
or Areas Restricted by Regulation or Order), specifically exempting them from this
Order.2. Any Federal, State, or local officer, or member of an organized rescue or fire fighting
force in the performance of an official duty. Owners, residents and lessees of land in
the area.
3. Any person having a campfire within a designated campfire ring at a designated
recreation site listed in Exhibit B below.
4. Any person is exempt from Prohibition 1 (above) when using a fire fueled solely by
liquid petroleum or LPG fuels and flammable vegetation is cleared a minimum 3 feet
away from open flame.
5. Any person is exempt from Prohibition 1 (above) when using a wood burning stove
equipped with a chimney, minimum 5-foot height, spark arresting screen consisting of
¼-inch mesh hardware cloth and remove all flammable vegetation within a 5-foot
radius, including overhanging material.
6. Persons with a special use permit or contract from the Forest Service authorizing work
within the Closure Area, and their employees, sub-contractors, or agents are exempt
from the prohibitions listed above to the extent authorized by the special use permit or
contract.

Violation of these prohibitions is punishable by a fine of not more than $5,000 for an
individual or $10,000 for an organization, or imprisonment for not more than six months,
or both (16 USC § 551 and 18 USC. §§ 3551, 3559, 3571, and 3581).

Executed at John Day, Oregon, this 9th day of July 2025.
_____________________________
Ann Niesen
Forest Supervisor
Malheur National Forest

Contact Number: