IAC Notes - November 5, 2003

Regional Ecosystem Office 333 SW 1st P.O. Box 3623 Portland, Oregon 97208-3623 Website: www.reo.gov E-Mail: REOmail@or.blm.gov Phone: 503-808-2165 FAX: 503-808-2163
	Memorandum
Date:	November 26, 2003
To:	Intergovernmental Advisory Committee Members (See attached distribution list)
From:	/s/Anne Badgley, Executive Director
Subject:	Notes from the November 5, 2003 Northwest Forest Plan Intergovernmental Advisory Committee Meeting

Enclosed please find notes summarizing the discussion and agreements from the Intergovernmental Advisory Committee (IAC) meeting on November 5, 2003. The meeting included an overview of the Federal Budget process and several status reports summarizing the work of interagency teams on improving Forest Plan implementation. The Litigation report was postponed.

If you need extra copies of the handouts (which have been listed in the attached notes) please let us know. We do not have all of the handouts in an electronic form but can make copies as needed.

As a reminder, our next meeting is scheduled for March 10, 2004, with a tentative meeting time of 10:00 a.m. - 4:00 p.m. The RIEC has asked that we investigate the possibility of holding the meeting in California. We will let you know as soon as a decision is made about the location. Dates for future meetings, as well as meeting notes and agendas, are posted on www.reo.gov. Potential topics for the upcoming meeting include follow-up discussions to the Northwest Forest Plan implementation improvements, Litigation Review, and other topics.

I look forward to seeing you at the next meeting. If you have any questions or concerns regarding these notes, do not hesitate to contact me, your REO representative, or REO Management Analyst Kath Collier (503-808-2179).

Enclosures:

• November 2003 IAC Meeting Notes (9pp)

1899/kc

IAC Distribution List

California
Mary Nichols, Calif. Resources Agency
Joan Smith, Siskiyou County, Board of Supervisors
John Woolley (Alt)

Oregon
Lance Clark, Dept. of Forestry, Resource Policy Div.
Dave Morman (Alt)
Rocky McVay, Assn. of Oregon & Calif. Counties
Gil Riddell (Alt)

Washington
Al McKee, Wash. State Assn. of Counties
Daniel Cothren (Alt)
Robert Nichols, Office of the Governor
Karin Berkholtz (Alt)

Tribes

Merv George Jr., Calif. Indian For. & Fire Mgmt. Council
Nolan C. Colegrove (Alt)
David Herrera, Northwest Indian Fisheries Comm.
Bruce Davies (Alt)
George Smith, Intertribal Timber Council
Donald Motanic (Alt)

Federal
Dave Allen, Fish & Wildlife Service
Dave Wesley (Alt)
Anne Badgley, Regional Ecosystem Office
Elaine M. Brong, Bureau of Land Mgmt, OR/WA
Judy Nelson (Alt)
Kent Connaughton, Forest Service Region 5
Kathy Anderson (Alt)
Linda Goodman, Forest Service Region 6
Lisa Freedman (Alt)
Bob Graham, Natural Resources Conserv. Service
Dianne Guidry (Alt)
Col. Richard Hobernicht, US Army Corps of Eng.
Curt Loop (Alt)
Jon Jarvis, National Park Service
Rory Westburg (Alt)
Anne Kinsinger, Geological Survey, West. Region, Biological Resources
Dave Busch (Alt)
Robert Lohn, National Marine Fisheries Service
Mike Crouse (Alt)
Jennifer Orme-Zavaleta, Env. Protection Agency, Western Ecology
Dan McKenzie (Alt)
Michael J. Pool, Bureau of Land Mgmt., Calif.
Paul Roush (Alt)
Dave Powers, Environ. Protection Agency, R-10 OR Operations
Dan Opalski (Alt)
Tom Quigley, Forest Service, Pac. NW Res. Station
Cindi West (Alt)
Stan Speaks, Bureau of Indian Affairs
Alex Whistler (Alt)
Steve Thompson, Fish & Wildlife Service, CA/NV Oper. Office
Phil Detrich/John Engbring (Alt)

Attachment 1-1

Agreement Summary

Topic	Follow-up
Meeting notes from August, 2003 were certified	None

Assignment Summary

Who	When	What
REO	Next Meeting	Follow-up discussion regarding steps to improve implementation of the Northwest Forest Plan presentation requested

Recommendation/Comments Summary

-- IAC appreciated the follow-up call on potential topics

-- Request for feedback on REO reorganization recommendations from IAC

-- Include recommendations in the notes

-- AMA S&G waiver supported by many folks

-- IAC would like to provide advice on draft 10-year monitoring report

-- IAC members indicated an interest in the Section 3 agreements of the AFRC settlement

Potential Future Meeting Topics (Not captured elsewhere)

-- Oregon Board of Forestry Update (Lance Clark)

-- Recovery planning

-- Relationship and Opportunities between the Healthy Forest Initiatives, National Fire Plan, and Northwest Forest Plan

Attachment 1-2

Issue Summaries

Topic: THE FEDERAL BUDGET PROCESS

Presenters: Hugh Morrison, Division of Budget and Finance, Fish and Wildlife Service, 503-231-6261; Pat O'Day, Budget & Financial Management, Region 6, Forest Service; Darwin Priebe, Management and Budget, Bureau of Land Management, 503-808-6193

REO/RMG Contact/Phone: Jay Watson (FWS), 503-808-2178

Issue Statement: Presenters provided an overview of the Federal Budget Process and key differences in Federal agency budget processes as they relate to the Northwest Forest Plan.

Background: In the last IAC meeting there were several questions regarding the Federal budget process, funding decisions, and timelines. IAC members requested an overview of the budget process, opportunities for input, and discussion regarding the budget process.

Analysis and Options: The purpose of this summary was to help the IAC members better understand the Federal Budget Process and how it relates to the Northwest Forest Plan. Presenters described the various time scales and steps used in the preparation of Federal agency budgets. Specific details, in response to questions, were provided for the Bureau of Land Management and the Forest Service budget processes. The most appropriate points for budget input appear to be at the very early stages agency and Congressional budget development each fiscal year. Copies of handout material is available upon request.

Organizational/Funding Implications: None at this time.

Requested Follow-up: Members requested additional budget summary information for FY 2004 as it relates to the Northwest Forest Plan implementation.

Recommendations: None

Action Required: Information and potential future discussion topics.

Topic: LITIGATION REPORT

REO Contact/Phone: Anne Badgley, REO Executive Director, 503-808-2165

Issue Statement: At the August 2003 IAC meeting, committee members were interested in the litigation history briefly covered by Sue Zike (Litigation/FOIA Coordinator for the USDA Forest Service, Region 6) during a Hot Topic presentation. Members requested a more indepth report.

Summary of Discussion: The discussion was postponed. We will schedule this topic for a future IAC meeting.

Attachment 1-3

Topic: POTENTIAL IMPROVEMENTS TO THE NORTHWEST FOREST PLAN – Overview

REO Contact/Phone: Anne Badgley, REO Executive Director, 503-808-2165

Issue Statement: Anne provided background on the evaluation that the Regional Interagency Executive Committee (RIEC) is currently making in regard to potential implementation improvements to the Northwest Forest Plan.

Summary of Discussion: The RIEC has been involved with several steps to improve implementation. These include:

§ Clarification of Aquatic Conservation Strategy (SEIS)
§ Survey and Manage (SEIS)
§ Streamlined procedures

These improvements were developed during RIEC meetings in 2001-2002 and were based on problems that the RIEC identified. Those problems included:

§ Timber harvest objectives not being met.
§ Cost of implementation too high
§ Procedural obstacles in implementing plan

In the current round of improvements, the RIEC identified and is currently evaluating or working on several additional activities that would help improve implementation. These include:

§ Follow-up to the Jack Ward Thomas report and recommendations
§ Opportunities to streamline the consultation process or maximize programmatic consultations
§ Developing an exception to allow Native American Burning in limited areas
§ Ensuring clarification of the use of ‘recommendations’ captured in Watershed Analyses
§ Evaluating opportunities and requirements to facilitate firewood gathering in Late Successional Reserves.
§ Evaluating various approaches that might improve flexibility within Adaptive Management Areas for research and management.

IAC Recommendations/Agreements: Discussions, recommendations, and agreements for each of the above topics have been captured separately in the text below.

Next Steps (who/what/when): Additional status reports and discussions are planned as each of these projects get underway.

Attachment 1-4

Topic: POTENTIAL IMPROVEMENTS TO THE NORTHWEST FOREST PLAN – Jack Ward Thomas Follow-up

Presenter/Sponsor: Tom Quigley, Station Director, PNW Station, 503-808-2100

REO/RMG Contact/Phone: Becky Gravenmier (PNW), 503-808-2851

Issue Statement: The findings of the Forest Service, Region 5 (California) Northwest Forest Plan (NWFP) review by Jack Ward Thomas suggest that the NWFP objectives are not being met across the scope of the plan. California forests are operating outside historic fire regimes which can contribute to catastrophic fires. Findings from the review are being considered by RIEC as they look for options to improve implementation of the NWFP.

Background: The RIEC is gathering information about ways to improve the implementation of the plan. The Region 5 review is one of their sources of information. In addition, RIEC members have talked with a number of parties, including scientists involved in the development of the original plan.

Summary of Discussion: There were discussions by the IAC members about the need for active management inside of Late-Successional Reserves (LSR).

IAC Recommendations/Agreements:

-- Active management inside LSRs is needed.
-- Tribes in California have recommended burning as a way to reduce the risk of catastrophic fire for several years.

Next Steps (who/what/when): The RIEC will continue to meet and discuss options to improve implementation of the NWFP. Several tasks are underway by the RIEC to address the Gang of Four and Thomas review recommendations.

Topic: NORTHWEST FOREST PLAN REVIEW – Programmatic Consultation

REO Contact/Phone: Mike Crouse, NOAA – Fisheries, Portland, OR (503-231-6880)

Issue Statement: At the October 2, 2003 RIEC Executive session, the use of ESA programmatic consultation was identified as an issue requiring further Northwest Forest Plan review. This project was assigned to Kent Connaughton (FS R-5), Paul Roush (BLM CA), Mike Crouse (NOAA-Fisheries) and Dave Wesley (FWS)

Action Required: Identify opportunities to complete programmatic consultations related to NWFP activities.

Summary of Discussion: The work group met during the RIEC/IAC meeting and refined the scope of opportunities to reflect the concerns of the different agencies within the NWFP (e.g. fuels reduction v. other activities). It was suggested that issues be clearly defined and that proposed actions reflect the complexity, litigation risk, and magnitude of each issue (e.g., fire, timber sales, roads, and culverts). Additional work concerning this issue will be completed at a November 18, 2003 meeting which focused on National Fire Plan and fuel reduction activities.

IAC Recommendations: None

Attachment 1-5

Topic: NORTHWEST FOREST PLAN REVIEW – Adaptive Management Areas

REO Contact/Phone: Anne Badgley, REO Executive Director, 503-808-2165

Issue Statement: Report on AMA review assignment

Summary of Discussion: Anne Badgley reported on the work group's progress since the assignment from the last RIEC meeting. The ROD reflects a general intent to test alternate approaches to meeting the NWFP objectives in the AMAs. However, Standards and Guidelines limit most opportunities to test different approaches.

RIEC Decisions/Agreements: RIEC directed the REO to staff out pros, cons, and costs of different approaches to allow for additional flexibility for research and management in AMAs. General agreement that research should not be limited to AMAs, but that action is needed soon to refocus AMA activity, at least on a selected basis.

Next Steps (who/what/when): Report back status at next RIEC meeting.

Topic: POTENTIAL IMPROVEMENTS TO THE NWFP – Watershed Analysis

Presenter/Sponsor/Moderator: Elaine Brong/Pat Geehan (BLM), 503-808-6446

Issue Statement: This assignment responded to a question at the last RIEC meeting about whether the ACS supplemental EIS suggests any changes to the Recommendation section of the Watershed Analysis guide.

Analysis and Options: Elaine Brong confirmed discussions with Aquatic Conservation Strategy Environmental Impact Statement Team Leader, Joyce Casey, that the EIS is not the venue for making changes to the Federal Guide for Watershed Analysis, although the EIS does restate existing guidance that "…watershed analysis not a decision-making process in and of itself, nor is watershed analysis a decision document:" (FSEIS. P. 21, alternative A). Questions were raised as to whether the Watershed Analysis Guide has been adopted at the national level.

Review & Discussion: RIEC requested that the REO review the status of Federal Watershed Analysis guide as to whether it is national direction, or whether it is within the sole purview of the RIEC to modify and or interpret existing guidance.

Action Required: REO to report back at next meeting.

Attachment 1-6

Topic: POTENTIAL IMPROVEMENTS TO THE NWFP – Native American Burning Exception

Presenter: John Engbring, U.S. Fish and Wildlife Service, Sacramento, CA 916-414-6486

Issue Statement: At the October 2, 2003 RIEC Executive session, Native American burning in Northern California was identified as an issue requiring further Northwest Forest Plan review.

Analysis and Options: The project was assigned to Jack Blackwell (Regional Forester, Region 5, CA and John Engbring (U.S. FWS).

Review & Discussion: John reported the U.S. Fish and Wildlife Service will meet with the Forest Service on November 18, 2003, in conjunction with a National Fire Plan meeting to consider a programmatic consultation concerning Native American Burning Projects. Merv George Jr., Indian Forest and Fire Management Council noted that burning is an activity of cultural importance to the Tribes and is an effective forest management tool (e.g. forest insect control).

Action Required: Compete ESA consultation.

Topic: POTENTIAL IMPROVEMENTS TO THE NWFP – Firewood Gathering in Late-Successional Reserves

Presenter: Kathy Anderson, Forest Service Region 5 Liaison, 503-808-2256

Issue Statement: Region 5 has two National Forests interested in making firewood collection available to the public in some of their Late-Successional Reserves. The Standards and Guidelines (S&Gs) permit firewood collection only under certain conditions such as risk reduction treatments, cull decks, or where blow down trees block roads.

Analysis and Options: Departures or changes to S&Gs will require forest plan amendments.

Action Required: The National Forests are working on a proposal for RIEC consideration.

Attachment 1-7

Topic: ROUND TABLE OPEN DISCUSSION

Presenter/Sponsor/Phone: Anne Badgley, REO Executive Director, 503-808-2165

Issue Statement: The last portion of the meeting was devoted to an open Round Table Discussion. Topics raised for discussion include:

1. The status of the REO and REO Geographical Information System (GIS) function;
2. Capturing IAC recommendations
3. The State 2003 Forestry Program for Oregon
4. The NWFP Monitoring Program 10-year report
5. The newly signed MOU for Northwest Forest Management as it relates to the economic viability of local communities
6. Clean Water Act lawsuits that may have implications for forest management; and
7. Other potential future topics for IAC discussion.

Discussion Summaries:

Update on REO and REO GIS: Anne Badgley covered the status of the REO and the REO GIS function. As background, Anne noted that since the adoption of the Northwest Forest Plan in 1994, an interagency approach to forest management has been largely institutionalized. This, coupled with the fact that budgetary restraints have forced many agencies to scale back their commitment to the REO, resulted in a decision to revisit the role and staffing of the REO.

Current staffing and agency representation will remain the same within the REO. However, per an agreement reached by the REIC, representatives need not be co-located within the REO. At present, the USFWS, NOAA, USGS, and NPS representatives are housed within the REO, and the FS, BLM, and EPA representatives are housed with their own agencies. It is anticipated that this arrangement will reduce costs, while allowing the REO to continue to fulfill its obligations under the ROD, and provide a high level of support to both the RIEC and IAC.

The responsibilities of the GIS staff within the REO have shifted to the Forest Service and Bureau of Land Management under the leadership of Duane Dippon and Kim Rivard. In its new location, the GIS team will continue to provide development and management services in support of the Interorganizational Resource Information Coordinating Council (IRICC) and other interagency activities. Prior to these decisions being made, the IAC provided significant input. At the next IAC meeting, it has been agreed to revisit these IAC recommendations, and discuss if and how these recommendations were utilized in the final decision making process.

Capturing IAC Recommendations: At the August 2003 meeting of the IAC, a question was raised regarding capturing and tracking IAC recommendations. Anne discussed several changes to the basic meeting process which now include capture of bullet notes regarding recommendations during the meeting and review of recommendations during meeting closeout. We also will be changing the meeting documentation so that recommendations are more clearly identifiable and summarized. Members generally agreed with this direction, but more work is needed in this area to clarify expectations and requirements.

The IAC briefly discussed how to identify what is a "comment" from a "recommendation," processes related to individual versus group recommendations, and level of agreement for group recommendations. Members also discussed how much additional information to track with some suggesting that information beyond the FACA guidelines be captured for each recommendation to include level of agreement, origination, etc.

The Federal Advisory Committee guidelines are very vague when it comes to defining the differences between a "recommendation" and a "comment" and processes for collecting recommendations. Additional staff work in this area is needed to look at how we can efficiently and effectively collect, report, and process recommendations. This process will most likely be a future discussion topic for both the RIEC and IAC.

2003 Forestry Program for Oregon (FPFO): Lance Clark and Joseph Misek with the State of Oregon briefly discussed the 2003 Forestry Program for Oregon (FPFO). The FPFO is the strategic plan established by the Oregon Board of Forestry. The plan sets forth the board’s mission and vision for Oregon’s forests and the values and strategies that will guide the board’s decisions over the next eight years. Full text of the plan, along with a pocket guide to the plan, are available at http://www.oregonforestry.org/.

Monitoring Program 10-Year Report: George Smith requested an update on the status of the Monitoring Program 10-Year Report. The intent of this reporting effort is to review the results and progress of each of the NWFP monitoring modules since 1994. It is expected that the report will be completed in 2004. IAC members expressed an interest in contributing to this process once a draft becomes available. It was agreed that the IAC should undertake this role, and RIEC members committed to ensuring IAC involvement. Jon Martin (US Forest Service, 503-808-2269) is the key contact.

MOU for Northwest Forest Management: The new regional "Memorandum of Understanding for Northwest Forest Management" was signed by the RIEC Executives on October 2, 2003. As a part of this agreement, signatories commit to the production of sustainable economic resources. Al McKee requested clarification on this point. Elaine Brong responded that this MOU reaffirms the commitment of the Federal executives to provide a dependable, stable, defined supply of resources from Federal lands. She also noted that failure to make this happen is widely recognized, and that this is, in large part, what is driving change.

Clean Water Act Lawsuits: Dave Powers noted two recent rulings that may have implications for forest management.

1. In October of 2003, Judge Marilyn Hall Patel, a U.S. District Court Judge for the Northern District of California, ruled that once runoff from a silvicultural activity enters a conduit, such as a drainpipe, ditch or culvert, the runoff ceases to be "natural runoff", and that silvicultural businesses cannot be absolved of the CWA’s point source requirements. This means that where those engaging in silvicultural enterprises employ point sources, they must comport with the NPDES’s attendant permit requirements.

2. The Supreme Court declined to hear further discussion regarding application of herbicides, pesticides and fire retardant. These substances will be regulated by permit.

Future Topics: The following topics were suggested for future IAC meetings:

1. NOAA Fisheries re-designation of critical habitat for ESUs and associated policy implications
2. Update on the 5-year status review for the northern spotted owl and marbled murrelet
3. 10-year monitoring report
4. Strategies for Adaptive Management Areas
5. Update on progress of O & C Settlement agreement with respect to Adaptive Management Areas
6. Definition of Old Growth
7. Further clarification of the role of Watershed Analysis in the decision-making process

Several members commented that they appreciated the telephone call from the REO regarding potential topics.

Attachment 1-9

Meeting Comments & Evaluation - No comments received.

Handouts

§ Extra meeting agenda
§ RIEC and IAC Committees Membership list
§ REO Contact List
§ Copy of overheads for "Overview of the Federal Budget Process"
§ November 5, 2003 Pre-work Packet; Notes from the August 5, 2003 IAC meeting
§ Copy of settlement document in the case of American Forest Resource Council, et al. v. Bureau of Land Management, et al.
§ H.R. 1904, Health Forest Restoration Act of 2003 (Engrossed Amendment as Agreed to by Senate)

Attendance Roster

Name	Agency	Name	Agency
Jim Abbott	BLM	Anne Kinsinger	USGS
Kathy Anderson	FS R5	Teresa Kubo	EPA (REO)
Karin Berkholtz	State of WA	Curt Loop	Corps of Engineers
Maria Boyreau	FWS	Becky Loomis	REO
Elaine M. Brong	BLM	Al McKee	WA Counties
Kath Collier	REO	Joseph F. Misek	ODF
Kent Connaughton	USFS R5	Shawne Mohoric	FS (REO)
Mike Crouse	NOAA	Steve Morris	NMFS (REO)
Bruce Davies	NWIFC	Don Motanic	Intertribal Timber Council
Patrick Geehan	BLM (REO)	Debbie Pietrzak	BLM OSO
Merv George Jr.	California Indian Forest and Fire Management Council	Dave Powers	EPA
Jim Golden	FS R6	Tom Quigley	PNW
Bob Graham	NRCS	Gil Riddell	Assn. of Oregon Counties
Becky Gravenmier	PNW	George Smith	ITC
John Engbring	FWS	Joan T Smith	Calif. Counties CSAC
Natalie Henry	Greenwire	Jay Watson	FWS (REO)
David Herrera	Assn. of Oregon Counties	Rory Westberg	NPS
John Hofmann	Regional Council Rural Co.	Alex Whistler	BIA