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U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

Survey and Manage

Survey and Manage Related Documents (1994-2011)

Elastic saddle mushroom, Helvella elastic.
Elastic saddle mushroom, Helvella elastic.

Below you will find a series of PDF documents related to the Survey and Manage Mitigation Measure of the Northwest Forest Plan. The 2004 and 2007 documents are past analyses that were challenged in court and are no longer valid decisions. These documents are maintained here as historical information.

The 2011 Settlement Agreement was the result of litigation on the 2007 Records of Decision. On April 25, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an Opinion that reversed the U.S. District Court Western District of Washington's order approving the Survey & Manage Settlement Agreement (Conservation Northwest, et al. v. Harris Sherman, et al., July 6, 2011 Order (W.D. Wash.)). The 9th Circuit remanded the case back to the district court for further remedy proceedings consistent with its Opinion. On June 19, 2013, the Ninth Circuit Court issued its formal mandate, such that their April 2013 ruling takes effect. On February 18, 2014, the District Court for the Western District of Washington issued a remedy order in the case of Conservation Northwest et al. v. Bonnie et al., No. 08-1067- JCC (W.D. Wash.)/No.11-35729 (9th Cir.).

The remedy order contained two components. The order: (1) Vacates the 2007 Record of Decision (ROD) to Remove or Modify the Survey and Manage (S&M) Mitigation Measure Standards and Guidelines, and (2) Allows for continued project planning and implementation for projects that relied on the 2011 Consent Decree and were being developed or implemented on or before April 25, 2013 (date of the Ninth Circuit Court ruling invalidating the 2011 Consent Decree).

Vacatur of the 2007 RODs has the effect of returning the agencies to the status quo in existence prior to the 2007 RODs. The status quo existing before the 2007 RODs were signed was defined by three previous rulings where:

  1. Judge Pechman reinstated the 2001 ROD, including any amendments or modifications to the 2001 ROD that were in effect as of March 21, 2004 (CV-04-00844-MJP, 1/9/2006). This ruling incorporated the 2001, 2002, and 2003 Annual Species Reviews (ASR).
  2. Judge Pechman ordered four categories of projects exempt from compliance with the S&M standards and guidelines (CV-04-00844-MJP, 10/11/2006, "Pechman exemptions").
  3. the Ninth Circuit Court of Appeals in Klamath Siskiyou Wildlands Center et al. v. Boody et al., 468 F3d 549 (9th Cir. 2006) vacated the 2001 ASR category change and 2003 ASR removal for the red tree vole in the mesic zone, returning the species to Category C throughout its range.

In summary, the status quo existing before the 2007 RODs were signed consists of:

  1. Following the 2001 S&M ROD and Standards and Guidelines;
  2. Applying the "Pechman exemptions" and
  3. Implementing the 2001, 2002, and 2003 ASR modifications to the S&M species list, except for the changes made for the red tree vole.

2011—Settlement Agreement

2001—For Amendment to the Survey & Manage, Protection Buffer, and other Mitigation Measures Standards and Guidelines FSEIS

1994—Northwest Forest Plan FSEIS

Previous Documents

NOTE: These documents have been overturned and are no longer legally valid. However, they include biological information that may still be useful.

2004—Final Supplemental Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure FSEIS

2007—Supplement to the 2004 Final Supplemental Environmental Impact Statement To Remove or Modify the Survey and Manage Mitigation Measure FSEIS