On September 8, 2008, Malheur National Forest Emigrant Creek District Ranger Jerome Hensley made a decision to implement the Proposed Action Alternative for the Egley Fire Restoration Project Environmental Assessment (EA). Briefly, the decision authorizes the cutting of danger trees that are within 200 feet of roads, trails, fences, guzzlers and other improvements or structures; salvage of felled danger trees that are within 200 feet of an existing road and are outside of the special areas; access and travel management activities including closing and decommissioning over 130 miles of road, and conifer reforestation.

The decision is subject to administrative appeal. Organizations or members of the general public may appeal the decision according to Title 36 CFR Part 215. Appeals must be consistent with 36 CFR 215.14 (content of notice of appeal), and must be made in writing, postmarked, and sent to the Appeal Deciding Officer within 45 days of the date on the written notice of this decision. The 45-day appeal period begins the day following the date this legal notice is published in the Burns Times Hearld, Burns, Oregon, the Emigrant Creek Ranger District’s official newspaper of record. The Notice of Appeal must be filed with the Appeal Deciding Officer:

Appeal Deciding Officer

Pacific Northwest Region

USDA Forest Service

Attn: 1570 Appeals

P.O. Box 3623

Portland, OR 97208-3623

Appeals may also be filed electronically at: appeals-pacificnorthwest-regional-office@fs.fed.us, or hand delivered to the above address between 8:00 AM and 4:30 PM, Monday through Friday except legalholidays. It is the responsibility of those who appeal a decision to provide the Appeal Deciding Officer sufficient written evidence and rationale to show why the decision should be changed or revised. The appeal yet be filed with the Appeal Deciding Officer (36 CFR 215.8) in writing. At a minimum, an appeal must include the following:

1.Appellant name and address (215.2), with a telephone number, if available;

2.Signature or other verification of authorship upon request (a scanned signature for electronic mail may be filed with the appeal);

3.When multiple names are listed on an appeal, identification of the lead appellant (215.2) and verification of the

identity of the lead appellant upon request;

4.The name of the project or activity for which the decision was made, the name and title of the Responsible Official,

and the date of the decision;

5.The Regulation under which the appeal is being filed (36 CFR Part 215 or 36 CFR 215 subpart C(215.11(d)).

6.Any specific change(s) in the decision that the appellant seeks and rationale for those changes;

7.Any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement;

8.Why the appellant believes the Responsible Official’s decision failed to consider the substantive comments; and

9.How the appellant believes the decision specifically violates law, regulation, or policy.

For additional information concerning the specific activities authorized with the decision, you may contact:

Lori Bailey

Interdisciplinary Team Leader

Emigrant Creek Ranger District

265 Hwy 20 S.

Hines, OR 97738

(541) 573-4300

On September 5, 2008 Chief Gail Kimbell found that an emergency situation existed. An emergency situation is defined in 36 CFR 215.2 as “A situation on National Forest System (NFS) lands for which immediate implementation for all or part of a decision is necessary for relief from hazards threatening human health and safety or natural resources on NFS or adjacent lands; or that would result in substantial loss of economic value to the federal government if implementation of the decision were delayed.” The determination that an emergency situation exists does not excemt an activity from appeal. The determination only eliminates the automatic stays built into the appeal review process.

Pursuant to 36 CFR 215.10 (b) Chief Kimbell granted an emergency exemption from stay for the Egley Fire Restoration Project. The Chief determined that failure to act quickly would result in substantial economic loss to the Federal Government.

Implementation of Egley Fire Restoration Project determined to be an emergency may proceed immediately (36 CFR 215.10).

Published September 10, 2008