Background Information for Executive Orders 21-00, 22-00, 23-00

August 23, 2000

BACKGROUND

By Executive Order 21-00 and Executive Order 22-00, lands administered by the State of Montana and private lands defined herein within the interagency Northern Rockies Coordinating Group Central Zone and Northwest Zone will be placed under level 5 restrictions due to the high threat of fire. The Central Zone and Northwest Zone have been under Level 4 restrictions since August 4, 2000 and August 9, 2000 respectively. Federal lands within these zones are placed under Level 5 restrictions by the Federal agencies.

The executive orders, which go into effect at 12:01 a.m. Friday, August 25, 2000, apply to lands administered by the Montana Department of Natural Resources and Conservation and the Montana Department of Fish, Wildlife and Parks and private lands defined herein in the following counties:

Executive Order 21-00, Central Zone: Jefferson, Broadwater, Meagher, Cascade, Lewis and Clark, Teton, Pondera, Toole, Glacier, Gallatin, Park, Sweet Grass, Stillwater, Carbon, Madison and Beaverhead. Executive Order 22-00, Northwest Zone: Lake, Lincoln and Flathead.

The acres for state and federal public lands within the impacted counties are listed below. Also acres for the Southwest Zone, which have been under Level 5 restrictions since August 9, 2000, are included. These figures do not include private lands which are affected.

Zone Federal State

Central 8,528,014 1,417,063

Northwest 3,652,039 268,594

Southwest 5,222,334 433,743

Total 17,402,387 2,119,400 = 19,521,787 Total Public Lands closed

EXECUTIVE ORDER 21-00, CENTRAL ZONE

Executive Order 21-00 states:

No person may enter or be upon any forestland or rangeland without a written permit except as provided in this proclamation. Permits may be issued upon a showing of demonstrated need. No permit shall be required of those persons having an actual residence as a permanent or principal place of abode in the closed lands for the sole purpose of ingress and egress to their actual residence. No permit shall be required of any persons engaged in firefighting, fire prevention, or law enforcement when engaged in official business. All recreational activities, including, but not limited to, hunting and fishing on state and private forest lands, rangelands and state waters is prohibited.

Range lands and forest lands are defined as follows:

76-14-103. Definitions. As used in this part, the following definitions apply: (8) "Rangeland" means land on which the native vegetation (climax or natural potential) is predominantly grasses, grasslike plants, forbs, or shrubs suitable for grazing or browsing use.

76-14-104. Types of land included as rangeland. The term "rangeland" includes lands revegetated naturally or artificially to provide a forage cover that is managed like native vegetation. Rangelands include natural grasslands, savannahs, shrublands, most deserts, tundra, alpine communities, coastal marshes, and wet meadows.

76-13-102. Definitions. Unless the context requires otherwise, in part 2 and this part, the following definitions apply: (8) "Forest land" means land that has enough timber, standing or down, slash, or brush to constitute in the judgment of the department a fire menace to life or property. Grassland and agricultural areas are included when those areas are intermingled with or contiguous to and no further than one-half mile from areas of forest land.

General Permits: General Permits may be granted through public notice by the Department of Natural Resources and Conservation. Executive Order 21-00 states:

The Montana Department of Natural Resources and Conservation, as the designated agency for issuance of written permits on state and private lands, may issue general permits for ingress and egress to and from the designated portions of the areas of dangerous fire hazard, which will be published in a manner deemed appropriate by the Department. At the issuance of this executive order the attached general permits have been designated and approved by the Department of Natural Resources and Conservation.

The Department of Natural Resources and Conservation hereby grants the following General Permits for the following locations or activities:

Municipalities, incorporated towns and cities;
Mail and commercial deliveries to residences and businesses when access is over completely paved or graveled road;
State and county roadways;
Designated Resort Areas:

Big Sky, Red Lodge, Gardiner, Virginia City, and West Yellowstone;

Agricultural operations;
Livestock will be allowed to remain on closed lands. Management of livestock will continue, but motorized access will only be allowed on completely paved or graveled roads. All other access will be on foot or horseback only;
Business structures accessible by a completely graveled or paved road; and
Precautions to prepare defensible space around homes and structures (inquire with DNRC on specific requirements for this general permit); and
Use of bar-b-que grills (both propane and charcoal) under the following conditions of privately owned residences: use is permitted on a deck, patio, or porch that is clear of vegetation, pine needles, or other flammable material(s); use is permitted on a grass lawn that has been maintained, watered, and free of dead vegetation.
Department of Fish, Wildlife and Parks sites which will remain open by this notice: Lewis and Clark Caverns State Park for tours only;
Black Sandy State Park;
Holter, Hauser and Canyon Ferry reservoirs are open from private land launches and hosted public campgrounds;
York Bridge fishing access site on Hauser;
Spring Meadow Lake State Park (Helena);
Ulm Pishken State Park -- Visitor Information Center only;
Giant Springs State Park;
Lake Francis (Valier) ; and
Cooney State Park and Reservoir.
Rivers to remain open for day-use recreation, including fishing: Boulder River, Rosebud River, Stillwater River, Ruby River, and Rock Creek (Carbon County) below the national forest boundaries; Yellowstone River; Madison River; Beaverhead River; Clarks Fork River ; Gallatin River downstream from the mouth of the Gallatin Canyon at the Route 191 bridge; and Missouri River below Canyon Ferry Dam, Hauser Dam and Holter Dam to the Cascade/Chouteau county line. (By order of Montana Fish, Wildlife and Parks angling is prohibited from Noon to Midnight daily on the Missouri River between Holter Dam to the town of Cascade.)
Rivers to remain open for day-use recreation, excluding fishing by order of Montana Fish, Wildlife and Parks: Jefferson River and Big Hole River.
FWP will maintain the list of public access sites designated to remain open on all rivers listed above. In addition, other restrictions on fishing due to high water temperatures and low flow might also be in place. The public should check FWP's website: fwp.state.mt.us" or call its Fire and Drought Hotline at 1-800-472-8455.
Other recreation sites which are open but controlled by the Federal land management agencies or other land management entities include: Hebgen Lake for use by access across private lands and marinas;
Ennis Lake for recreational use;
Clark Canyon and campgrounds managed by the Bureau of Reclamation;
Chief Joseph, Coulter and Soda Butte campgrounds near Cooke City;
Bakers Hole Campground near West Yellowstone;
East Rosebud Lake;
Resorts at Wade Lake, Elk Lake and Elkhorn Hot Springs; and
Covered Wagon, Campfire Lodge and Madison Arm resorts -- Madison Arm Road will be closed at 191 with guest escorts to resort; and
Big Horn Reservoir.

Level 4 restrictions remain in effect on all of these generally permitted sites.

Individual Permits: The executive order allows for the Department of Natural Resources and Conservation to issue other permits on a case by case basis. This is for lands administered by the State of Montana and private lands. It does NOT apply to Federal lands. Individuals interested in obtaining a permit for this zone for state and private lands should contact the DNRC at 406-444-1603.

EXECUTIVE ORDER 22-00, NORTHWEST ZONE

Executive Order 22-00 states:

No person may enter or be upon any forestland without a written permit except as provided in this proclamation. Permits may be issued upon a showing of demonstrated need. No permit shall be required of those persons having an actual residence as a permanent or principal place of abode in the closed lands for the sole purpose of ingress and egress to their actual residence. No permit shall be required of any persons engaged in firefighting, fire prevention, or law enforcement when engaged in official business. All recreational activities, including, but not limited to, hunting and fishing on state and private forest lands is prohibited.

Definition of forest lands is as follows:

General Permits: The Department of Natural Resources and Conservation hereby grants the following General Permits for the following locations or activities:

Municipalities, incorporated towns and cities;
Mail and commercial deliveries to residences and businesses when access is over completely paved or graveled road;
State and county roadways;
Agricultural harvest operations;
Livestock will be allowed to remain on closed lands. Management of livestock will continue, but motorized access will only be allowed on completely paved or graveled roads. All other access will be on foot or horseback only;
Business structures accessible by a completely graveled or paved road;
Big Mountain Resort;
American Timber Mill site at Olney;
Precautions to prepare defensible space around homes and structures (inquire with DNRC on specific requirements for this general permit); and Use of bar-b-que grills (both propane and charcoal) under the following conditions of privately owned residences: use is permitted on a deck, patio, or porch that is clear of vegetation, pine needles, or other flammable material(s); use is permitted on a grass lawn that has been maintained, watered, and free of dead vegetation.
Department of Natural Resources & Conservation cabin-site leases at the following locations will remain open: Beaver Lake
Echo Lake
Flathead Lake
McGregor Lake
Rogers Lake
Townsite of Olney
Department of Fish, Wildlife and Parks sites which will remain open by this notice: Bigfork Fishing Access Site, Flathead Lake;
Boisvert's Fishing Access Site, McGregor Lake;
Ducharme Fishing Access Site, Flathead Lake;
Elmo Fishing Access Site, Flathead Lake;
Flatiron Ridge Fishing Access Site, Clark Fork River;
Glen Lake Fishing Access Site, Lincoln County;
Lake Mary Ronan, boat ramp only for day use;
Old Steel Bridge Fishing Access Site partially open, Flathead River;
Presentine Fishing Access Site partially open, Flathead River;
Smith Lake, Flathead County;
Somers Fishing Access Site, Flathead Lake;
Sophie Lake Fishing Access Site, Lincoln County;
Sportsman Bridge Fishing Access Site partially open, Flathead Lake;
Teakettle Fishing Access Site, Flathead River;
Walstad Fishing Access Site, Flathead Lake;
Woods Bay Fishing Access Site partially open, Flathead Lake only;
Flathead Lake Parks: Big Arm;
Finley Point;
Wayfarer;
West Shore; Logan State Park, Lincoln County;
Lone Pine partially open, Flathead County;
Whitefish Lake State Park;
Les Mason Park, Whitefish Lake; and
Bitterroot Lake Lions' Camp, Flathead County.

Level 4 restrictions remain in effect on all of these generally permitted sites.

Individual Permits: The executive order allows for the Department of Natural Resources and Conservation to issue other permits on a case by case basis. This is for lands administered by the State of Montana and private lands. It does NOT apply to Federal lands. Individuals interested in obtaining a permit for this zone for state and private lands should contact the DNRC at 800-545-7376 or 406-752-7376.

EXECUTIVE ORDER 23-00, SOUTHWEST ZONE

This Executive Order clarifies Executive Order 19-00, which implemented Level 5 restrictions in the Southwest Zone. The amendment adds language dealing with closure of the state waters in this zone.

GENERAL

Neither these executive orders, nor the coordinated federal actions, affect Yellowstone National Park or Glacier National Park.

The Central Zone Level 5 restrictions, Executive Order 22-00, does not include the Blackfoot Reservation lands however these lands have been closed by the Tribal authority.

For those businesses that have an economic impact due to these or previous closures, please contact the Montana Department of Commerce website at http://commerce.state.mt.us/fireimpact.html. If you do not have web access, please call the Department of Commerce Economic Development Division at 406-444-3814. The Montana Department of Commerce, in conjunction with state Disaster and Emergency Services, is working to identify potential federal sources of funding that may assist Montana businesses facing economic losses as a result of the wildfires. We are calling on the Montana business community to help us gather the data necessary to establish a compelling case. Agricultural businesses should contact their local Farm Services Agency office.

Individuals interested in Federal land management closures and possible permits should call the following numbers:

BUREAU OF LAND MANAGEMENT:

For a central number for fire closure questions, call 896-5004. For local contacts on the Central Zone fire closure, use the following:

Butte Field Office - 406-494-5059
Counties: Jefferson, Broadwater, Meagher, Lewis & Clark, and Gallatin

Dillon Field Office - 406-683-2337
Counties: Beaverhead and Madison

Lewistown Field Office - 406-538-7461
Counties: Glacier, Toole, Pondera, Teton and Cascade

Billings Field Office - 406-896-5013
Counties: Park, Sweet Grass, and Stillwater

FOREST SERVICE

Central Zone:
Beaverhead-Deerlodge NF:	(406) 683-3892
Custer NF (Red Lodge Dist.)	(406) 446-2103
Gallatin National Forest:	(406) 587-6958 or 587-6793
Helena National Forest:	(406) 449-5201
Lewis & Clark NF:	(406) 791-7726


NW Montana Zone:
Flathead National Forest:	(406) 758-5200
Kootenai National Forest:	(406) 293-6211
SW Montana Zone:	(877) 563-2876
Beaverhead-Deerlodge NF:	(406) 683-3892
Bitterroot NF:	(406) 375-8807

OTHER SOURCES OF INFORMATION:

The Montana Fire Donation Hotline at 1-800-505-7751, is ready to take calls Monday through Friday from 8:00 am - 5:00 pm. Hotline representatives will explain to callers how to send their donations. Callers from the Helena area may dial 444-0400.

Citizens may call the State Fire Assistance Hotline at 1-800-237-5079 Monday - Friday from 7:00 am - 7:00 pm. Hotline representatives are available to refer callers to the appropriate agencies which can answer questions regarding recovery-related issues and available assistance.

Montana citizens may also access similar information on the Montana Fire Recovery Information Website at newslinks.state.mt.us/recovery.shtml.

Former Governor Racicot's Page

Executive Orders

Zone	Federal	State
Central	8,528,014	1,417,063
Northwest	3,652,039	268,594
Southwest	5,222,334	433,743
Total	17,402,387	2,119,400	= 19,521,787 Total Public Lands closed