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McBride Burned Area: Temporary Public Health & Safety Closure Order
McBride Post-Fire BAER
Publication Type: News 07/01/2022
MCBRIDE BURNED AREA: TEMPORARY PUBLIC HEALTH AND SAFETY CLOSURE ORDER
ORDER NO. 03-08-01-22-04
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
LINCOLN NATIONAL FOREST
SMOKEY BEAR RANGER DISTRICT
TEMPORARY PUBLIC HEALTH AND SAFETY CLOSURE ORDER
PROHIBITIONS:
Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a) and (b), the following acts are prohibited within the area and road described in this Order (the “Restricted Area”) and as depicted on the attached map, hereby incorporated into this Order as Exhibit A, all within the Smokey Bear Ranger District, Lincoln National Forest, Lincoln County within the State of New Mexico.
2. Being on the road. 36 C.F.R. § 261.54(e).
EXEMPTIONS:
Pursuant to 36 C.F.R. §261.50(e), the following persons are exempt from this Order:
1. Persons with a Forest Service authorization specifically exempting them from the effect of 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.
3. Owners or lessees of land in the area for the sole purpose of access to their private lands and/or residences.
RESTRICTED AREA AND ROAD DESCRIBED:
As shown in Exhibit A, the Restricted Area consists of all National Forest System lands within the boundary starting at the intersection of the National Forest boundary and National Forest System Road (NFSR) 120A (within Township 11 South, Range 13 East, Section 1), then following southeast along NFSR 120A to its terminus, then continuing south along Gavilan Ridge to the Forest boundary, then following along the Forest boundary in a general western direction to its intersection with Gavilan Canyon, then following the Forest boundary north back to the point of beginning at its intersection with NFSR 120A. NFSR 120A is closed in its entirety.
PURPOSE:
To protect public health and safety during post-fire conditions in and downslope of the McBride Fire burn scar in the Restricted Area.
IMPLEMENTATION:
1. This Order will be effective on June 30, 2022, at 06:00 a.m., and shall remain in effect until December 31, 2022, or until rescinded, whichever occurs first.
2. A map identifying the Restricted Area and closed road is attached and made a part of this Order as Exhibit A.
3. Any violation of the prohibition in this Order is punishable as a Class B misdemeanor by a fine of not more than $5,000.00 for individuals and $10,000.00 for organizations, or by imprisonment for not more than six (6) months, or both (see 16 U.S.C. § 551, 18 U.S.C. § 3571(b)(6), 18 U.S.C. § 3581(b)(7)).
4. Further information regarding this Order may be obtained at the Smokey Bear Ranger District located in Ruidoso, NM, telephone number 575-257-4095, and at the Lincoln National Forest Supervisor’s Office in Alamogordo, NM, telephone number 575-434-7200. Forest alerts are also available at: https://www.fs.usda.gov/alerts/lincoln/ alerts-notices.
5. This Order supersedes any previous orders prohibiting the same acts covered by this Order.
NOTE: EXHIBIT A IS POSTED AS A LINK BELOW UNDER RELATED INFORMATION