Order# 03-08-26-001: Stage 1 Fire Restrictions

PROHIBITIONS

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a) and (b), the following are prohibited on National Forest System (NFS) lands in the Lincoln National Forest, described below and shown on the attached map incorporated into this Order as Exhibit A (the “Described Area”):

1. Building, maintaining, attending, or using a fire, campfire, or stove fire, including charcoal and briquettes, outside Forest Service provided fire structure within a Designated Area (Designated Areas are listed in Exhibit B). 36 C.F.R. § 261.52(a).
2. Smoking, except within an enclosed vehicle or building, at a developed recreation site, or while stopped in an area at least three (3) feet in diameter that is barren or cleared of all flammable material. 36 C.F.R. § 261.52(d).

EXEMPTIONS

Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:

1. Holders of Forest Service Special Use Authorizations are exempt from Prohibition #1 above, provided such fires are within a fire structure as defined in Exhibit C and they are within their permitted area.
2. As to Prohibition #1 above, persons using a fire structure in a designated area, as listed in Exhibit B.
3. As to Prohibition #1 above, persons using a stove or grill that is solely fueled by pressurized liquid petroleum or pressurized liquid petroleum gas (LPG) fuels. Such devices can only be used in an area that is barren or cleared of all overhead and surrounding flammable materials within 3 feet of the device.
4. Persons with Forest Service Permit No. FS-7700-48 (Permit for the Use of Roads, Trails, or Areas Restricted by Regulation or Order), specifically exempting them from this Order or a written determination by a authorized Forest Service officer that a permit is not required under 36 C.F.R § 251.50(e)(1) or (2).
5. Any Federal, State, or Local Officer, or member of an emergency response organization, including rescue or firefighting resources in the performance of an official duty.

DESCRIBED AREA

All National Forest System lands, roads, and trails within the boundaries of the Lincoln National Forest, as specifically depicted on the attached map at Exhibit A.