Magone Project Final Environmental 

Impact Statement (FEIS)

Appendix E – 36 Code of Federal Regulations 

(CFR) 219.8-11 applicability to old growth and 

cover amendments to the 1990 Malheur Forest 

Plan

Blue Mountain Ranger District

Malheur National Forest
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FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

1

Table 1. 36 Code of Federal Regulations (CFR) 219.8-11 applicability to old growth and cover amendments to 

the 1990 Malheur Forest Plan

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

36 CFR 219.8

Sustainability

(a) Ecological sustainability.

(1) Ecosystem integrity.

219.8(a)(1)(i) 

Interdependence of 

terrestrial and aquatic 

ecosystems in the plan 

area.

Does not directly apply because 

relocating a DOG/ROG does 

not directly apply to the 

interdependence of terrestrial 

and aquatic ecosystems. 

Relocating DOG/ROGs is for 

the purpose of providing 

“suitable” habitat for old growth 

dependent wildlife species, 

ecosystem diversity, and 

preservation of aesthetic 

qualities (USDA Forest Service 

1990a, page IV-105).

Does not directly apply to aquatic 

ecosystems because the purpose of 

the cover standards are to provide for 

big game habitat.

Big game (elk) is one species that the 

Malheur Forest Plan provides direction 

on providing habitat for, and does not 

directly relate to the interdependence 

of terrestrial ecosystems in the broader 

scale of the forest plan (USDA Forest 

Service 1990c, pages ROD-9 to ROD14).

219.8(a)(1)(ii) Contributions 

of the plan area to 

ecological conditions within 

the broader landscape 

influenced by the plan area.

Does directly apply because 

part of the purpose of relocating 

DOG/ROGs is to designate 

areas that are distributed across 

the Forest that maintain old 

forest structure that provides 

habitat for wildlife species 

dependent on old forest.

Does not directly apply because 

reducing cover in an individual 

planning area does not impact the 

ecological conditions within the 

broader landscape. The purpose of 

cover standards are to provide for big 

game habitat.

219.8(a)(1)(iii) Conditions in 

the broader landscape that 

may influence the 

sustainability of resources 

and ecosystems within the 

plan area.

Does not directly apply because 

the purpose of relocating 

DOG/ROGs is to counter 

possible catastrophic damage 

or probable deterioration of 

dedicated old growth and 

provide for replacement old 

growth in the future (USDA 

Forest Service 1990a, page IV105). Broader landscape 

conditions are analyzed in 

chapter 3.

Does not directly apply because 

reducing cover in an individual 

planning area does not impact the 

sustainability of resources and 

ecosystems within the plan area. The 

purpose of cover standards are to 

provide for big game habitat.

219.8(a)(1)(iv) System 

drivers, including dominant 

ecological processes, 

disturbance regimes, and 

stressors, such as natural 

succession, wildland fire, 

invasive species, and 

climate change; and the 

Does directly apply because 

relocating DOG/ROGs due to 

the changes in a dynamic 

landscape; DOG/ROGs are 

being relocated to locations that 

are actual old growth or on the 

path to becoming old growth for 

the species they are designated 

Does directly apply because providing 

for big game habitat involves providing 

habitat that can adapt to change within 

a plan area’s disturbances regimes 

and ecological processes.
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

2

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

ability of terrestrial and 

aquatic ecosystems on the 

plan area to adapt to 

change.

for based on natural 

succession. This is in response 

to changes in stands over time 

(e.g., natural succession and 

wildland fire).

219.8(a)(1)(v) Wildland fire 

and opportunities to restore 

fire adapted ecosystems.

Does not directly apply because 

relocating a DOG/ROG does 

not directly apply to restoring a 

fire adapted ecosystem. 

Relocating DOG/ROGs is for 

the purpose of providing 

“suitable” habitat for old growth 

dependent wildlife species, 

ecosystem diversity, and 

preservation of aesthetic 

qualities (USDA Forest Service 

1990a, page IV-105). See fire 

and fuels effects in chapter 3.

Does directly apply because fire 

adapted ecosystems provide for big 

game habitat, including forage.

219.8(a)(1)(vi) 

Opportunities for landscape 

scale restoration.

Does not directly apply because 

DOG/ROG relocation is focused 

on providing suitable habitat for 

old growth dependent species 

and is not directly related to 

landscape scale restoration 

(USDA Forest Service 1990a, 

page IV-105).

Does directly apply because reducing 

cover would provide another resource 

(forage) needed by big game at the 

landscape scale.

219.8(a)(2) Air, soil, and 

water.

Does not directly apply because 

DOG/ROG relocation would not 

directly impact air, soil, and 

water. See chapter 3 for a 

detailed effects analysis by 

resource.

Does not directly apply because 

reducing cover would not directly 

impact air, soil, and water. See NEPA 

analysis for a detailed effects analysis 

by resource.

219.8(a)(3) Riparian areas. Does not directly apply because 

the current Malheur Forest 

Plan, as amended by 

PACFISH/INFISH, includes plan 

components, including 

standards and guidelines, to 

maintain or restore the 

ecological integrity of riparian 

areas in the plan area, including 

plan components to maintain or 

restore structure, function, 

composition, and connectivity. 

The current plan also 

established widths for riparian 

management zones around all 

lakes, perennial and intermittent 

Does not directly apply because the 

current Malheur Forest Plan, as 

amended by PACFISH/INFISH, 

includes plan components, including 

standards and guidelines, to maintain 

or restore the ecological integrity of 

riparian areas in the plan area, 

including plan components to maintain 

or restore structure, function, 

composition, and connectivity. The 

current plan also established widths for 

riparian management zones around all 

lakes, perennial and intermittent 

streams, and open water wetlands.
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

3

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

streams, and open water 

wetlands.

219.8(a)(4) Best 

management practices for 

water quality.

Does not directly apply. 

National best management 

practices for water quality are 

provided by the 2012 National 

Best Management Practices for 

Water Quality Management on 

National Forest System Lands.

Does not directly apply. National best 

management practices for water 

quality are provided by the 2012 

National Best Management Practices 

for Water Quality Management on 

National Forest System Lands.

219.8(b) Social and 

economic sustainability.

Does not directly apply because 

the current Malheur Forest Plan 

provides for social and 

economic sustainability in the 

allocation of management 

areas, and the planned 

adjustments of MA13 (USDA 

Forest Service 1990a, page IV105; USDA Forest Service 

1990c, pages ROD-17 to ROD19).

Does not directly apply because 

reducing cover does not directly impact 

social and economic sustainability. See 

effects in chapter 3 for wildlife and 

recreation.

219.9 Diversity of plant 

and animal communities.

219.9(a) Ecosystem plan 

components.

219.9(a)(1) Ecosystem 

integrity.

Does directly apply because 

part of the goal of MA13 is to 

“Provide “suitable” habitat for 

old growth dependent wildlife 

species, ecosystem diversity, 

and preservation of aesthetic 

qualities” (USDA Forest Service 

1990a, page IV-105).

Does directly apply because part of the 

purpose of providing cover is to 

provide for big game habitat, including 

structure, function, and composition.

219.9(a)(2) Ecosystem 

diversity.

Does directly apply because 

part of the goal of MA13 is to 

provide habitat for old growth 

dependent wildlife species and 

ecosystem diversity (USDA 

Forest Service 1990a, page IV105).

Further, the Malheur Forest 

Plan provides direction for 

MA13 to be inventoried and 

validated to correct previously 

dedicated old growth unit 

designations that are not 

meeting management 

requirement recommendations 

for boundary adjustments, or 

Does directly apply because part of the 

purpose of the cover standards are to 

provide for big game habitat, which 

contributes to the diversity of 

ecosystems and habitat types 

throughout the plan area.
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

4

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

unit relocation. The Forest Plan 

provides specific direction on 

how to do this (USDA Forest 

Service 1990a, page IV-105).

219.9(a)(2)(i) Key 

characteristics associated 

with terrestrial and aquatic 

ecosystem types.

Does directly apply (see 

219.9(a)(2)). MA13 provides for 

Forest Plan Management 

Indicator Species (pileated 

woodpecker, pine marten, and 

three-toed woodpecker) (USDA 

Forest Service 1990a, pages 

IV-32 and IV-105).

Does not directly apply because cover 

levels are not a key characteristic 

associated with ecosystem type.

219.9(a)(2)(ii) Rare aquatic 

and terrestrial plant and 

animal communities.

Does not directly apply because 

designation of DOG/ROGs is for 

old growth dependent wildlife 

species, ecosystem diversity, 

and preservation of aesthetic 

qualities (USDA Forest Service 

1990a, page IV-105). See 

wildlife, aquatic, and botanical 

species sections in chapter 3.

Does not directly apply because the 

purpose of the cover standards are to 

provide for big game habitat, and big 

game (elk) are not a rare species.

219.9(a)(2)(iii) The diversity 

of native tree species 

similar to that existing in the 

plan area.

Does not directly apply because 

designating a DOG/ROG would 

not change tree species 

composition or diversity.

Does not directly apply because the 

cover standards do not specify the tree 

species that are to provide for cover.

219.9(b) Additional, 

species-specific plan 

components.

Does not directly apply because 

not proposing to change the 

current Malheur Forest Plan 

species-specific plan 

components. Analysis will cover 

current Forest Plan 

Management Indicator Species 

(MIS).

Does not directly apply because not 

proposing to change the current 

Malheur Forest Plan species-specific 

plan components. Analysis will cover 

current Forest Plan Management 

Indicator Species (MIS).

219.9(c) Species of 

conservation concern.

Does not directly apply because 

not proposing to change the 

current Malheur Forest Plan 

species-specific plan 

components and species of 

conservation concern are not 

identified in the current Malheur 

Forest Plan. Analysis will cover 

current Forest Plan 

Management Indicator Species 

(MIS).

Does not directly apply because not 

proposing to change the current 

Malheur Forest Plan species-specific 

plan components and species of 

conservation concern are not identified 

in the current Malheur Forest Plan. 

Analysis will cover current Forest Plan 

Management Indicator Species (MIS).

219.10 Multiple Use.

219.10(a)(1) Aesthetic 

values, air quality, cultural 

Does directly apply because 

part of the goal of MA13 is to 

Does directly apply because the cover 

standards do relate to the multiple 
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

5

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

and heritage resources, 

ecosystem services, fish 

and wildlife species, forage, 

geologic features, grazing 

and rangelands, habitat and 

habitat connectivity, 

recreation settings and 

opportunities, riparian 

areas, scenery, soil, surface 

and subsurface water 

quality, timber, trails, 

vegetation, viewsheds, 

wilderness, and other 

relevant resources and 

uses.

“Provide “suitable” habitat for 

old growth dependent wildlife 

species, ecosystem diversity, 

and preservation of aesthetic 

qualities” (USDA Forest Service 

1990a, page IV-105).

Air quality, cultural and heritage 

resources, ecosystem services, 

forage, geologic features, 

grazing and rangelands, 

recreation settings and 

opportunities, riparian areas, 

scenery, soil, surface and 

subsurface water quality, 

timber, trails, vegetation, 

viewsheds, wilderness, and 

other relevant resources and 

uses are addressed in chapter 

3.

uses of wildlife species (cover 

standards are in place for big game), 

forage (which can be inversely related 

to the amount of cover provided), 

habitat and habitat connectivity (cover 

standards are in place to provide 

habitat for big game), and recreation 

opportunities (big game are hunted 

recreationally).

Aesthetic values, air quality, cultural 

and heritage resources, ecosystem 

services, fish species, geologic 

features, grazing and rangelands, 

recreation settings, riparian areas, 

scenery, soil, surface and subsurface 

water quality, timber, trails, vegetation, 

viewsheds, wilderness, and other 

relevant resources and uses are 

addressed in chapter 3.

219.10(a)(2) Renewable 

and nonrenewable energy 

and mineral resources.

Does not directly apply because 

designation of DOG/ROGs does 

not directly relate to providing

renewable and nonrenewable 

energy and mineral resources.

Does not directly apply because the 

cover standards do not directly relate 

to providing renewable and 

nonrenewable energy and mineral 

resources.

219.10(a)(3) Appropriate 

placement and sustainable 

management of 

infrastructure, such as 

recreational facilities and 

transportation and utility 

corridors.

Does not directly apply because 

designation of DOG/ROGs does 

not involve the placement of 

infrastructure.

Does not directly apply because the 

cover standards do not relate to the 

placement of infrastructure.

219.10(a)(4) Opportunities 

to coordinate with 

neighboring landowners to 

link open spaces and take 

into account joint 

management objectives 

where feasible and 

appropriate.

Does not directly apply because 

designation of DOG/ROGs does 

not involve coordinating with 

neighboring landowners to link 

open spaces.

Does not directly apply because the 

cover standards do not involve 

coordinating with neighboring 

landowners to link open spaces.

219.10(a)(5) Habitat 

conditions, subject to the 

requirements of 219.9, for 

wildlife, fish, and plants 

commonly enjoyed and 

used by the public; for 

hunting, fishing, trapping, 

gathering, observing, 

subsistence, and other 

Does directly apply because 

DOG/ROGs are designated to 

provide habitat for species that 

are commonly enjoyed and 

used by the public for trapping 

(pine marten) and observing 

(pileated woodpecker and 

three-toed woodpecker).

Does directly apply because the 

purpose of the cover standards are to 

provide for big game habitat, a species 

commonly enjoyed and used by the 

public for hunting and observing.
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

6

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

activities (in collaboration 

with federally recognized 

Tribes, Alaska Native 

Corporations, other Federal 

agencies, and State and 

local governments).

219.10(a)(6) Land status 

and ownership, use, and 

access patterns relevant to 

the plan area.

Does not directly apply because 

designation of DOG/ROGs does 

not impact land status and 

ownership, use, and access 

patterns.

Does not directly apply because the 

purpose of the cover standards are not 

related to land status and ownership, 

use, and access patterns.

219.10(a)(7) Reasonably 

foreseeable risks to 

ecological, social, and 

economic sustainability.

Does not directly apply because

designation of DOG/ROGs does 

not contribute to reasonably 

foreseeable risks to ecological, 

social, and economic 

sustainability.

Does not directly apply because the 

purpose of the cover standards does 

not directly relate to reasonably 

foreseeable risks to ecological, social, 

and economic sustainability.

219.10(a)(8) System 

drivers, including dominant 

ecological processes, 

disturbance regimes, and 

stressors, such as natural 

succession, wildland fire, 

invasive species, and 

climate change; and the 

ability of the terrestrial and 

aquatic ecosystems on the 

plan area to adapt to 

change (219.8).

Does directly apply, see 

219.8(a)(1)(iv).

Does directly apply, see 

219.8(a)(1)(iv).

219.10(a)(9) Public water 

supplies and associated 

water quality.

Does not directly apply because 

designation of DOG/ROGs does 

not impact public water supplies 

and associated water quality.

Does not directly apply because the 

cover standards do not directly impact 

public water supplies and associated 

water quality.

219.10(a)(10) Opportunities 

to connect people with 

nature.

Does not directly apply because 

designation of DOG/ROGs does 

not enhance or hinder 

opportunities to connect people 

with nature.

Does not directly apply because the 

cover standards do not enhance or 

hinder opportunities to connect people 

with nature.

219.10(b) Requirements for 

plan components for a new 

plan or plan revision.

Does not directly apply because 

the current Malheur Forest Plan 

provides plan components for 

recreation, cultural and historic 

resources, management of 

areas of tribal importance, 

protection of congressionally 

designated areas, designated 

and suitable wild and scenic 

Does not directly apply because the 

current Malheur Forest Plan provides 

plan components for recreation, 

cultural and historic resources, 

management of areas of tribal 

importance, protection of 

congressionally designated areas, 

designated and suitable wild and 

scenic rivers, appropriate management 
FEIS Appendix E – 36 CFR 219.8-11 applicability Magone Project

7

36 Code of Federal 

Regulations (CFR) 219.8-

11

Designating DOG/ROGs 

(USDA Forest Service 1990a, 

pages IV-105 to IV-107)

Reducing cover in Big Game 

Summer Range (USDA Forest 

Service 1990a, pages IV-27 to IV-28, 

Forest-wide standard #28), Big 

Game Winter Range (Management 

Area 4A) (USDA Forest Service 

1990a, pages IV-69 to IV-70, 

Standard #4), or Wildlife Emphasis 

Area (with Non-Scheduled Timber 

Harvest) (Management Area 21) 

(USDA Forest Service, pages IV-131 

to IV-132, Standard #4)

rivers, appropriate management 

of other designated areas, and 

other plan components that 

provide for multiple use.

of other designated areas, and other 

plan components that provide for 

multiple use.

219.11 Timber 

requirements based on 

the NFMA.

Does not directly apply because 

the current Malheur Forest Plan 

provides for timber 

requirements based on the 

NFMA and provides direction to 

inventory and validate 

DOG/ROGs.

Does not directly apply because the 

purpose of the cover standards are to 

provide for big game habitat, which is 

not directly related to timber 

management.