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EXECUTIVE OFFICE OF THE PRESIDENT 04-May-1996 08:31am TO: (See Below) FROM: T J Glauthier Office of Mgmt and Budget, NRES SUBJECT: Replacement Timber -- Mystery Solved The mystery has been solved--the anonymous package labelled "Alternative Timber " that appeared late Friday came from CEQ and was prepared by USDA. This is the material that Greg Frazier had promised long ago. He finally gave it to Katie yesterday afternoon, and her office dropped it off. I'd like our OMB staff to go over it Monday morning. I'd especially like an assessment of the evaluation they've come up with regarding how much timber will need to be replaced and how much (or little) is available (note that the paper also says that because the original sales included larger and more valuable trees, "it could take nearly twice as much volume from the 1996 sales to equal the same value"). From my quick read thru, I see three problems with the paper: First, there's no prioritization for the field. It appears that we now have an assessment that the "top priority" sales that need to be replaced are sales that total 271 mbf! That could be correct that we would ideally be able to replace that much, but I had expected some further prioritization to indicate that, say, some group of sales totalling 100 mbf was extremely damaging (trees 500 to 1,000 years old, etc), and so on. The paper does not give any direction to the field in terms of where to go first, or which sales to work on if they can't come up with enough replacement timber to do them all. As for their overall strategy, it was my understanding that we were not going to explicitly agree to "consider minor deviations from forest plan standards and guidelines", but that we would only do that on a case by case basis, if all other options failed and the field negotiators appealed to HQ/DC. Finally, the impression that comes across is that there is not much negotiation going on right now. I hope that's not true. They are supposed to be going full speed ahead with negotiations to replace the most problematic sales. Please let me know what is actually happening. Distribution: TO: Ron Cogswell TO: Mark A. Weatherly TO: Ruth D. Saunders TO: Christine L. Nolin CC: Kathleen A. McGinty CC: Martha Foley CC: Jennifer M. O' Connor CC: Ron Klain CC: Shelley N. Fidler CC: Dinah Bear CC: Elena Kagan CC: Barbara C. Chow EXECUTIVE OFFICE OF THE PRESIDENT 04-May-1996 05: 05pm TO: (See Below) FROM: Dinah Bear Council on Environmental Quality SUBJECT: RE: Replacement Timber - - Mystery Solved A few thoughts to throw in the pot: o In regards to prioritizing sales for replacement, I think the Forest Service has done that for the k (1) sales. For the k (3) sales, of course, we have legally obligated to supply replacement timber for all of the sales. So if we win the "known to be nesting" argument, that means at least 225 mbf of replacement timber or likely much more, according to the FS. Whether, however, the statutory criteria of like kind and value, actually requires "nearly twice as much" is something I think OMB needs to scrutinize o Justice should review this draft also (do we know if they have it?), and will no doubt have additional thoughts, but I am troubled by the wording in the next to the last line on p. 1 that says, "The Administration has taken the position in court that the alternative volume I think the first part of that statement should be dropped and it should simply read, "Alternative volume provided for these sales must comply with all laws". This is supposed to be clear guidance for the field, not a discussion of litigation positions. o I recommend that the first full paragraph on p. 2, "However, if the 9th Circuit rules " be struck. It is full of assumptions that are not necessarily true and are not necessary for the purposes of this guidance. For example, it assumes that if lose in the 9th Circuit, we wouldn't seek a rehearing, wouldn't seek cert w/the Supremes, and wouldn't cancel. It also assumes that none of the purchasers are wiling to follow env. law. O Again, I question the "double the number" assumption on top of p. 3. o I concur with TJ's concern about the "minor deviation" language. I liked the "call home" language that BLM used for their guidance and that USDA had for the more limited guidance. Distribution: TO: T J Glauthier CC: Ron Cogswell CC: Mark A. Weatherly CC: Ruth D. Saunders CC: Christine L. Nolin CC: Kathleen A. McGinty CC: Martha Foley CC: Jennifer M. O'Connor CC: Ron Klain CC: Shelley N. Fidler CC: Elena Kagan CC: Barbara C. Chow EXECUTIVE OFFICE OF THE PRESIDENT 06-May-1996 11:12am TO: Kathleen A. McGinty TO: Martha Foley TO: Jennifer M. O'Connor TO: Dinah Bear TO: T J Glauthier FROM: Elena Kagan Office of the Counsel SUBJECT: alternative timber memo A few more thoughts: 1. On the need to prioritize: I agree with TJ that there should be more guidance for the field. It's true that if we win on k3, we're legally obligated to provide replacement timber for the whole 225 mbf. But we might lose on k3 and if we do, we will need to know which of these sales are the worst, which the next worst, and so on. TJ's right that the memo doesn't prioritize in this way, nor does it suggest how the field folks should prioritize for themselves. 2. The memo suggests that we have no problem with any of the sales we already have been forced to release. Is that true? Or are there some previously released sales that we currently are or ought to be - - negotiating about? And if so, how do these sales fit within the (nonexistent) list of priorities. 3. The statement about needing twice as much alternative timber has to be deleted. Someday we may be in litigation with purchasers over whether timber we've given them is of like kind and value, and in that context, this statement will come back to haunt us. 4. To expand on the concerns raised by Dinah in her second and third bullitts, can't we cut back on a lot of this memo's statement of the problem? I'd be more comfortable if this memo didn't spend so much time characterizing our legal obligations. 5. I'm of mixed mind as to whether we should say so directly that we will exercise our right to cancel contracts if negotiations are unsuccessful. It might be helpful, from an internal point of view, to put this position on record. More, I doubt it will come as a surprise to the timber industry that we've been thinking about this option. Finally, we will need to state this position, at some point and in some context, if we want to use it as leverage. But I worry that the industry will attempt to use this memo's flat statement against us -- perhaps as a basis for immediately seeking a declaratory judgment regarding our contractual rights, or perhaps as evidence that the cancellations result from broadscale policy concerns, rather than from good faith case-by-case evaluation of the results of contractual performance. I think I would at least like to play with the language to alleviate my concerns on these matters. 6. I don't have the letter to Craig that TJ wrote an e-mail about. Can someone send me a copy? EXECUTIVE OFFICE OF THE PRESIDENT 06-May-1996 05:10pm TO: (See Below) FROM: Elena Kagan Office of the Counsel SUBJECT: RE: Replacement Timber - - Mystery Solved I didn't say anything on the call home approach, but I do agree with Dinah (and now Martha) on that. And I think Martha raises a really good question about who and what this memo is for. As it's written, it doesn't seem to DO much of anything. I know I'd have a better sense of what should be in it (e.g., discussion of priorities or of contract cancellation) if I knew what it was supposed to accomplish. Distribution: TO: Martha Foley CC: Dinah Bear CC: T J Glauthier CC: Kathleen A. McGinty CC: Jennifer M. O'Connor CC: Shelley N. Fidler CC: Barbara C. Chow EXECUTIVE OFFICE OF THE PRESIDENT 06-May-1996 05:00pm TO: (See Below) FROM: Martha Foley Office of the Chief of Staff SUBJECT: RE: Replacement Timber -- Mystery Solved This is literally addressed to Dinah, b/c I used the "a" button on her e-mail, but it is really to all Remind me again what the purpose of the memo is? To whom would it be addressed? It certainly does not seem to me to lay out anything new re a Forest Service strategy for dealing with the problem if there is one (a strategy, that is). I generally agree with the other comments on this subject. I agree with Dinah and someone (and disagree with Elena, I think) that we should use the call home approach, rather than a more formal commitment, on the guidance issue. Distribution: TO: Dinah Bear CC: T J Glauthier CC: Kathleen A. McGinty CC: Jennifer M. O'Connor CC: Shelley N. Fidler CC: Elena Kagan CC: Barbara C. Chow To I Jen O'Conner I [1] OEOB DRAFT MEMORANDUM FOR FROM: SUBJECT: Alternative Timber for National Forest Timber Sales Subject to Public Law (P.L.) 104-19, Section 2001 (k) The Forest Service (FS) is currently faced with providing replacement timber for a number of section 2001 (k) timber sales that pose environmental risks. This issue will escalate when the Ninth Circuit Court of Appeals rules on Judge Hogan's interpretation of the "known to be nesting" phrase in P.L. 104-19, which will occur-probably in June. This memorandum describes the problem and describes the Forest Service strategy for dealing with it. THE PROBLEM: Section 2001 (k) of P.L. 104-19 addresses the remaining unawarded or suspended Pacific Northwest timber sales subject to section 318 of the Fiscal Year 1990 Appropriations Act. The Congress gave the Forest Service and Bureau of Land Management (BLM) 45 days from the date of enactment to release the sales and permit them to be completed by purchasers in fiscal years 1995 and 1996. Alternatively, in the event there were threatened or endangered bird species known to be nesting in the sales, the agencies were to provide an equal volume of alternative timber of like kind and value. Since enactment of the timber rider, court rulings have broadened the geographic scope of the rider to include sales in the eastern Cascade regions of Oregon and Washington, bringing the total number of sales covered to 104 totalling 435 million board feet. Of this total, the FS and BLM has released, due to court orders, approximately 44 sales totaling 165 million board feet to the purchasers or high bidders where they do not include nesting threatened or endangered birds and where they are not enjoined by other courts. The agencies have asked purchasers to modify voluntarily their sales to improve them environmentally. In addition, for the worst environmentally damaging sales, the agency has offered the purchasers alternative volume to harvest in lieu of the original sales. Of the 44 sales, approximately 17 have been or are being harvested. The bulk of the problem remains with the remaining 270 million board feet, of which 225 is being litigated in the 9th Circuit Court of Appeals. If the 9th Circuit rules in the Administration's favor, that most of these sales do have threatened or endangered bird species "known to be nesting" in them, then the FS and BLM will work to provide alternative timber, as the rider requires in subsection (k)(3). The Administration has taken the position in court that the alternative volume provided for these sales must comply with all laws. Also, the rider does not DRAFT DRAFT state a deadline by which the FS and BLM must offer this alternative volume. Therefore, the sales which may fall into the category of having birds "known to be nesting" can be handled under the normal sale preparation process. However, if the 9th Circuit rules that most of the 53 sales (225 mmbf) do not have threatened or endangered bird species "known to be nesting" in them, then they can be harvested by the purchasers immediately. Since the rider essentially exempts these sales from environmental and all laws through September 30, 1996, the purchasers will, no doubt, want to harvest them before this deadline. The challenge for the Forest Service will be to identify those sales that are the most environmentally damaging and implement a plan of action for improving, replacing, or buying them out. As we have already experienced with other released 318 sales, the public will demand that the Administration take action to avoid the harvesting of these sales. Therefore, we must be prepared with a plan of action. THE STRATEGY: The FS strategy for dealing with this problem is 1) identifying priority sales, 2) modification and replacement of problematic sales, and 3) if modification or replacement is not possible, cancellation of problematic sales. The Forest Service, Fish and Wildlife Service, and National Marine Fisheries Service are jointly working to identify and prioritize the need for alternative timber on each section 2001 (k) timber sale cutting unit. The interagency team has tentatively identified 315 mmbf as high priority for replacement, 10 mmbf as medium priority, and 53 mmbf as low priority (57 mmbf of additional timber has either been harvested or will not be awarded for various reasons.) Of the 315 mmbf, 51 mmbf presently meets Judge Hogan's interpretation of "known to be nesting," which we are now appealing before the 9th Circuit. With this list, the agencies will then prioritize field efforts to find and offer alternative timber on a sale-by-sale basis. The interagency Level 1, on-the-ground, teams will be key to this process. Under the supervision of the regional interagency team, the Level 1 teams will be responsible to explore all options to maximize the amount of alternative timber of like kind and value that meets environmental standards. Where original sales are to be harvested, the teams would attempt to gain purchaser approval to mutually modify the contracts and mitigate potential environmental impacts. First priority for substitute volume will be that it complies fully with the standards and guidelines under the President's forest plan. In most instances, to achieve this objective, the Forest Service will have to use volume that will be offered under the President's Forest Plan. However, the supply of this timber is limited. Of the 800 mmbf in this year's Pacific Northwest Forest Plan program, 225 mmbf has not yet been offered for sale in region DRAFT DRAFT 6. However, most of these sales, plus the sales from eastern Oregon and Washington, will not be fully prepared until August or September. In addition, because the original timber sales include larger and more valuable trees than the sales in the fiscal year 1996 program, it could take nearly twice as much volume from the 1996 sales to equal the same value in the original sales. We will maximize the availability of alternative volume by -- 1) directing the FS to expedite the preparation of volume that would have been offered under the Plan in August through October and 2) suspending, as necessary, volume to be offered under the President's Forest Plan in May and June. However, taking these actions as noted above, only a limited volume would be available. Therefore, in order to achieve the objective of mitigating environmental impacts in a manner that complies with the law and avoids environmental damage, the Level 1 teams will be allowed to consider minor deviations from forest plan standards and guidelines as long as they meet the following criteria: (1) the risk to the environment of harvesting the alternative timber is reduced over harvesting the original timber sale; (2) the harvest of the alternative timber would not violate any federal environmental protection statutes; and (3) alternative volume from the 1996 or 1997 forest plan timber sale program that is in full compliance with standards and guidelines is either not available or is unacceptable to the timber purchaser. Finally, if these steps are unsuccessful, the FS will exercise its right to cancel contracts. DRAFT USDA Forest Service Section 2001 (k) Sales (435 mmbf) High Priority for Replacement Original Sales OK to Harvest (271 mmbf) (164 mmbf) Enjoined by Dwyer - 30 mmbf 71 mmbf Released Awaiting Harvest 29 mmbf Not Wanted by Bidders T&E Nesting (Protocol) 14 mmbf Enjoined 180 mmbf (Eastside) 50 mmbf Harvested Released, T&E Nesting (Court Environmentally Interpretation) 51 mmbf Sensitive TX 10 mmbf Pacific Northwest Forest Plan FY '96 Planned Timber Offer (800 mmbf) Forest Service Forest Service Region 6 (OR&WA) Region 5 (CA) Sale Offered to Date 145 mmbf Approx. 250 mmbf Bureau of Land Management 180 mmbf Forest Service (Some Possible Region 6 (OR&WA) Replacement Volume) Remaining to Offer Approx. 225 mmbf (Possible Replacement Vol.) Consequences of Replacing All High Priority Volume (271 mmbf) As Soon As Possible Replacement Volume Required Estimated at 500+ mmbf to Equal Value of Original Sales It Would be Impossible to Prepare 500 mmbf Over the Next 2 Months Under Any Circumstances--the Maximum the Forest Service Could Prepare Would be 50-70 mmbf If the September 30 Date is Extended: Approximately 200+ Additional Employees Needed Approximately $20 Million Needed Would Need to Substantially Reduce Analysis (Watershed and T&E spp.) Requirements -- Level 1 Teams Would Need to Clear Would Need to Expedite NEPA--Substantially Reduce Documentation and Public Participation (including no appeals) Nearly All Remaining FY 1996 (Region 6) PNW Plan Volume (225 mmbf) Would Need to Be Used--FS Would Not Meet PNW Plan Volume Would Substantially Affect FY 1997 Program -- Region Would Suspend Ongoing Survey and Analysis Work--FS Would Not Meet Plan Volume Note: Natural disasters, such as a bad fire year, could prevent completing the alternative timber program. In addition, the FS could not spend the additional funds if we continue to operate on continuing resolutions that are apportioned for the period of time they cover. Section 2001 (k) Timber Sales High Priority Replacement Volume Compared to FY 1996 Remaining Program - Region 6 300 10 mmbf Environmentally Sensitive Sales 250 30 mmbf Sales Enjoined by Dwyer 200 230 mmbf T&E Nesting Birds 150 100 68 mmbf Planned Through June 50 0 Priority Ranking FY 1996 Planned For Replacement Through June 1996 Possible Alternative Timber Options Listed in Order of Least Effect on PNW Forest Plan 1. Buyout or Cancel All High Priority Replacement Sales 2. "Triage" -- Use a Combination of Buyout, Alternative Timber, and Harvest (with mutual modification) and Apply to Sales Based on Standard Criteria 3. Use Some BLM Timber as Alternative Volume 4. Extend Protections of the Act Beyond September 30 (Use Section 2001 (d) Provisions) 5. Harvest Sales Using Mutual Modification to Mitigate Environmental Damage to the Extent Possible Buyout or Cancel All High Priority Replacement Sales Estimated Cost = $100-$150 million (the Forest Service cannot absorb these costs in FY's 1996 or 1997) Requires Least Amount of Change in PNW Forest Plan Minimum Effect on FY 1996 and 1997 PNW Timber Sale Programs (if no budgeted funds are not used for buyout) Allows Ongoing Section 2001 (k) Sales to Come to a Logical Termination "Triage" Use a Combination of Buyout, Alternative Timber, and Harvest (with mutual modification) Apply to Sales Based on Standard Criteria The Amount of Timber that Can be Replaced is Limited by Time, Funds, and Personnel Requires Agreement Between Agencies Concerning the Standard Criteria that Would be Used to Determine Which Sales are Replaced, Bought Out, or Harvested and Strong Commitment to Follow the Agreement Amendment of the PNW Forest Plan Would Probably be Needed, but May be Able to Avoid Major Changes Requires Approximately $20 Million in Additional Funds for FY 1996 to Accomplish (moderate to substantial buyout would require additional funds) Replacement Timber Opportunities Would be Limited if All Standards and Guidelines and NEPA Requirements Must be Met Extension of September 30 Deadline Would Expand Replacement Opportunities On 2001 (k)(1) Sales, Mutual Agreement by Purchaser Required to Replace Sales Would Need to Interrupt FY 1996 and FY 1997 Program Work to Some Degree (approx. 50% reduction in volume accomplishment) Use Some BLM Timber as Alternative Volume Limited Alternative Timber Available from BLM More Volume Could Be Replaced if Used in the "Triage" Option Would Require Additional Funds for BLM Extend Protections of the Act Beyond September 30 Use Section 2001 (d) Provisions Provides More Time and Flexibility and Increases the Scope of Volume Available for Replacement from the FY 1996 and FY 1997 Programs Also Extends Scope of Other Matrix Volume Available--Would Lessen Impact on FY 1996 & 1997 Programs if Other Matrix Volume is Used Cost of Preparing New Sales is $20 million PNW Forest Plan May Need Amendment, but May be Able to Keep Changes to a Moderate Level Harvest Sales Using Mutual Modification to Mitigate Environmental Damage to the Extent Possible PNW Forest Plan Would Probably Need to be Amended, Changes Could be Significant Keeps the FY 1996 and FY 1997 Programs on Track No Additional Funds Required Has Least Impacts on Other Purchasers (of FY 1996 and FY 1997 program sales)--Maintains Supply to Local Mills REMAINING REGION 6 FY 1996 GREEN SALE PROGRAM Number of sales and volume (mmbf) to be offered (advertised) by month thru the end of the fiscal year. WEST SIDE FORESTS FOREST April May June July August Sept Total # Vol MMBF # Vol MMBF # Vol MMBF # Vol MMBF # Vol MMBF # Vol MMBF # Vol MMBF GIFFORD PIN. - WA 0 0.0 0 0.0 1 2.0 3 11.7 9 31.2 3 12.0 16 56.9 MT. HOOD - OR 1 1.1 0 0.0 0 0.0 0 0.0 2 17.7 4 15.7 7 34.5 ROGUE RIVER - OR 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 UMPQUA - OR 0 0.0 2 4.6 1 1.0 6 17.8 5 29.3 0 0.0 14 52.7 WILLAMETTE - OR 0 0.0 5 9.5 3 8.7 1 4.0 2 9.2 9 49.8 20 81.2 SUBTOTAL 1 1.1 7 14.1 5 11.7 10 33.5 18 87.4 16 77.5 57 225.3 EAST SIDE FORESTS COLVILLE - WA 1 4.6 3 11.1 0 0.0 2 4.8 4 15.1 1 8.0 11 43.6 DESCHUTES - OR 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 0.0 FREMONT - OR 1 0.1 0 0.0 3 0.6 1 2.7 3 3.6 1 0.5 9 7.5 MALHEUR - OR 1 2.2 1 5.5 1 0.6 1 0.1 5 5.2 3 2.3 12 15.9 OCHOCO - OR 1 0.7 0 0.0 0 0.0 0 0.0 2 5.5 1 4.5 4 10.7 OKANAGAN - WA 0 0.0 1 3.0 0 0.0 2 7.5 3 9.5 1 5.0 7 25.0 UMATILLA - OR 0 0.0 9 1.9 2 2.3 1 0.2 0 0.0 0 0.0 12 4.4 WALLOWA-WH - OR 0 0.0 0 0.0 0 0.0 0 0.0 1 1.0 3 5.0 4 6.0 WENATCHEE - WA 0 0.0 1 2.4 1 0.4 0 0.0 0 0.0 0 0.0 2 2.8 WINEMA - WA 0 0.0 0 0.0 1 5.6 1 1.0 2 8.4 1 5.5 5 20.5 SUBTOTAL 4 7.6 15 23.9 8 9.5 8 16.3 20 48.3 11 30.8 66 136.4 SUMMARY EAST 1 1.1 7 14.1 5 11.7 10 33.5 18 87.4 16 77.5 57 225.3 WEST 4 7.6 15 23.9 8 9.5 8 16.3 20 48.3 11 30.8 66 136.4 Table 1 4/23/96 - 1 Table 1 - USDA Forest Service - Sales Reported in Federal Court As Related to Section 2001(k), P.L. 104-19, Litigation MMBF Remarks Category High Released, NoIA = Notice of Intent to Award Sent to High Bidder Sub-Category Bidder or Bid Previous Susp, or NSO = Northern Spotted Owl Forest and Sale Name Purchaser Date Award? Unawarded MM = Marbled Murrelet I. Sales Released or Awarded Under Section 2001 (k) Roque River NF Head Boise Casc 09/18/90 no 3.96 Awarded 09/08/95 - Cutting Complete Olympic NF Caraco Cat Mesa Res. 05/16/90 no 3.70 Awarded Cutting Completed Rocky Buse Timb. 07/18/90 no 2.90 Awarded Cutting Completed Forest Totals 6.60 Gifford Pinchot NF Holdaway 2 Kyles Peter 01/04/90 no 1.70 NoIA sent 09/29/95 -No interest in sale to date Mt. Hood NF Enola Hanel Lumb 08/07/90 no 4.80 Awarded 09/08/95 TRO lifted, cutting resumed Umpqua NF Zanita Lone Rock 03/14/90 yes 3.00 Released 09/29/95 cutting in progress 1 Jack C&D Lumb 08/01/90 yes 6.53 Released 09/29/95 cutting in progress Redlick Superior 08/01/90 yes 4.00 Released 09/29/95 cutting in progress Gage Scott 09/12/90 yes 6.20 Released 09/29/95 cutting in progress Honeytree Scott 08/08/90 yes 3.80 Released 09/29/95 cutting in progress Last Scott 09/12/90 no 6.70 Awarded 3/8/96 - Contract Replacement Timber Provided First Scott 09/18/90 no 5.10 Awarded 3/8/96 Contract Replacement Timber Provided Forest Totals 35.33 Scott Timber has accepted contract replacement timber on the First and Last Sales Willamette NF Red 90 Freres Lumb 09/28/90 no 6.26 Awarded cutting in progress 1 unit suspended for NSO Horse Byars Freres Lumb 08/31/90 no 5.70 Awarded date cutting will start is currently unknown Forest Totals 11.96 Siskiyou NF Boulder Krab Scott 09/27/90 no 5.02 Awarded 11/03/95 -1 unit suspended MM - Unit 4 being replaced Elk Fork CLR Timber 09/27/90 no 2.76 Awarded 11/03/95 1 unit suspended MM cutting in progress Forest Totals 7.78 Negotiations regarding replacement timber for Unit 4, Boulder Krab, with Scott Timber are ongoing Fremont NF Blue Ford Boise Casc 09/25/91 no 6.50 Awarded 11/30/95 date cutting will start is currently unknown Malheur NF Locust Smerski 04/14/93 no 1.00 Awarded 11/22/95 date cutting will start is currently unknown Forks Snow Mtn 04/28/93 no 5.00 No bidders interested, sale will not be awarded Forest Totals 6.00 Okanogan NF Nicholoson Slvg I Vaagan Bro 02/29/93 no 0.89 Awarded 11/03/95 cutting in progress Ochoco NF Off Broadway Kinzua 03/29/93 no 12.30 NoIA sent 01/18/96 -No interest in sale to date Siuslaw NF Hiack Thin Hampton 12/30/93 no 1.60 No bidders interested, sale will not be awarded Wallowa-Whitman NF Allen Rogge 10/08/92 no 3.80 Awarded date cutting will start is currently unknown Cantrel Springs Rogge 11/03/92 no 0.61 No bidders interested, sale will not be awarded Horn Salvage Kinzua 11/17/92 no 1.34 Awarded date cutting will start is currently unknown Prong Salvage Rogge 10/15/92 no 3.80 No bidders interested, sale will not be awarded Banty Salvage Ellingson 08/04/92 no 0.61 Awarded date cutting will start is currently unknown Sweet Pea Ellingson 05/26/92 no 1.28 No bidders interested, sale will not be awarded Johnson Salvage Rosboro 08/27/92 no 3.60 No bidders interested, sale will not be awarded Hilton Malheur 09/26/91 no 5.30 No bidders interested, sale will not be awarded Table 1 - 4/23/96 - 2 Table 1 - USDA Forest Service - Sales Reported in Federal Court As Related to Section 2001(k), P.L. 104-19, Litigation MMBF Remarks Category High Released, NoIA . Notice of Intent to Award Sent to High Bidder Sub-Category Bidder or Bid Previous Susp, or NSO = Northern Spotted Owl Forest and Sale Name Purchaser Date Award? Unawarded MM = Marbled Murrelet Tanya Boise Casc 09/26/91 no 0.59 Awarded date cutting will start is currently unknown Tanhorse Boise Casc 09/24/91 no 1.34 Awarded date cutting will start is currently unknown RD Salvage Dodge 10/29/92 no 3.30 Awarded date cutting will start is currently unknown Park HFR Boise Casc 11/03/92 no 0.70 Awarded 11/13/95 - cutting complete Forest Totals 26.27 Winema NF John Huffman 08/14/91 no 1.80 Awarded 11/14/95 date cutting will begin currently unknown John Lodgepole DAW 08/22/91 no 2.20 Awarded date cutting will start is currently unknown Yoss Boise Casc 09/19/91 no 7.10 Awarded 11/14/95 - cutting in progress Willy Boise Casc 09/26/91 no 4.40 Awarded 11/14/95 cutting complete Nelson DAW 01/06/92 no 7.40 No bidders interested, sale will not be awarded Bill Huffman 09/28/92 no 5.80 Awarded 11/14/95 cutting in progress Cinder Scott 09/28/92 no 5.30 Awarded 11/14/95 cutting in progress Forest Totals 34.00 Umatilla NF Eagle Rdge Houselog Rogge 09/30/91 no 0.17 Awarded - date cutting will start is currently unknown Subtotal Released Sales 159.86 (42 Sales) Table 1 4/23/96 - 3 Table 1 - USDA Forest Service - Sales Reported in Federal Court As Related to Section 2001(k), P.L. 104-19, Litigation MMBF Remarks Category High Released, NoIA = Notice of Intent to Award Sent to High Bidder Sub-Category Bidder or Bid Previous Susp, or NSO = Northern Spotted Owl Forest and Sale Name Purchaser Date Award? Unawarded MM = Marbled Murrelet II. Remaining Sales Suspended, Unawarded, or Pending Sales Not Released Based on Section 2001 (k)(2): Mt. Baker/Snoqualmie NF Fish Story LB&R Log. 12/12/89 yes 0.70 Marbled Murrelet Old Grade Summit 08/14/90 yes 2.20 Marbled Murrelet Median Buyback LB&R Log. 09/27/90 yes 5.81 Marbled Murrelet Stalwart Miller Shing. 09/18/90 yes 2.50 Marbled Murrelet Scraps Miller Shing. 09/27/90 yes 3.76 Marbled Murrelet Boyd Creek Hurn Shing. 09/25/90 yes 0.78 Marbled Murrelet Clear Creek Buse Timb. 08/21/90 yes 2.97 Forest Totals 18.73 Olympic NF Camel Mayr Bros. 01/04/90 yes 2.11 Marbled Murrelet Not Bad Hoh River 07/02/90 yes 1.60 Marbled Murrelet Deodar Hoh River 09/14/90 yes 0.80 Marbled Murrelet You Who MCMC Res. 09/14/90 yes 1.75 Marbled Murrelet West Boundary Mayr Bros. 09/20/90 yes 2.53 Marbled Murrelet Wynochee Res. Mayr Bros. 09/24/90 yes 2.20 Marbled Murrelet Stevens Mayr Bros. 09/06/90 yes 0.08 Forest Totals 11.07 Siskiyou NF Sugar Cube CLR Timb. 09/17/90 yes 1.30 Marbled Murrelet Winriver CLR Timb. 01/06/90 yes 0.69 Marbled Murrelet Spur Trigger CLR Timb. 05/22/90 yes 3.14 Marbled Murrelet Lobster CLR Timb. 09/06/90 yes 0.85 Marbled Murrelet Father Oak Scott 03/28/90 yes 2.36 Marbled Murrelet Taylor Ranch CLR Timb. 12/27/89 yes 1.77 Marbled Murrelet Toastberry Scott 06/06/90 yes 1.78 Marbled Murrelet Forest Totals 11.89 Siuslaw NF Mr. Rogers Seneca Saw 09/28/90 no 10.00 Marbled Murrelet & Northern Spotted Owl Prong Lone Rock 08/27/90 no 4.80- Marbled Murrelet Foland Ridge Hampton 09/25/90 yes 0.89 Marbled Murrelet Gordy Bluff Hampton 05/29/90 yes 2.69 Marbled Murrelet North Ball Hampton 04/11/89 yes 1.04 Marbled Murrelet Square Clare Wilamette 05/29/90 yes 1.38 Marbled Murrelet Berry Bushel Scott 07/06/90 yes 1.42 Marbled Murrelet Condon Carr. Wilamette 09/11/90 yes 3.79 Marbled Murrelet Fivemile Flume Scott 09/27/90 yes 7.08 Marbled Murrelet Franklin Ridge Wilamette 09/11/90 yes 6.64 Marbled Murrelet Indian Hook Scott 09/11/90 yes 15.14 Marbled Murrelet Lower Bailey Lone Rock 09/27/90 yes 0.91 Marbled Murrelet Maria Skyline Scott 09/20/90 yes 9.00 Marbled Murrelet Skywalker Scott 09/04/90 yes 5.16 Marbled Murrelet South Paxton Wilamette 09/20/90 yes 9.07 Marbled Murrelet Sugar Maple Wilamette 03/08/90 yes 1.54 Marbled Murrelet Sulphur Scott 06/07/90 yes 5.50 Marbled Murrelet Uncle Condon Willamette 09/11/90 yes 8.48 Marbled Murrelet Upper McLeod Seneca Saw 09/11/90 yes 2.38 Marbled Murrelet Benner Bunch Bugaboo 12/19/89 yes 5.79 Marbled Murrelet Grass Hula Bugaboo 07/31/90 yes 8.55 Marbled Murrelet Green Apple Boise Casc 07/24/90 yes 9.87 Marbled Murrelet Green Horn Willamette 08/21/90 yes 2.51 Marbled Murrelet Randall Salado Boise Casc 09/28/90 yes 1.39 Marbled Murrelet Ryan Wapiti Freres Lumb 03/20/90 yes 6.40 Marbled Murrelet Beamer 712 Scott 06/26/90 yes 8.67 Marbled Murrelet Canal 606 Hampton 04/03/90 yes 6.24 Marbled Murrelet Formader 103 Scott 08/14/90 yes 8.17 Marbled Murrelet Formader 717 Scott 06/28/90 yes 2.35 Marbled Murrelet Upperten 002 Boise Casc 05/03/90 yes 14.41 Marbled Murrelet Wapiti 305 Scott 09/20/90 yes 2.29 Marbled Murrelet Wheelock 403 Hampton 06/19/90 yes 5.74 Marbled Murrelet Forest Totals 179.29 Table 1 - 4/23/96 - 4 Table 1 - USDA Forest Service - Sales Reported in Federal Court As Related to Section 2001(k), P.L. 104-19, Litigation MMBF Remarks Category High Released, NoIA = Notice of Intent to Award Sent to High Bidder Sub-Category Bidder or Bid Previous Susp, or NSO = Northern Spotted Owl Forest and Sale Name Purchaser Date Award? Unawarded MM = Marbled Murrelet Willamette NF Anchovy Thomas Ck 09/28/90 yes 1.30 Marbled Murrelet - partially released - no operations yet Umpqua NF Abes Wren DR Johnson 12/27/89 yes 6.20 Northern Spotted Owl . Partially Released Negotiations regarding replacement timber for released units are Partial Sales Not Subject to Release: ongoing with DR Johnson Siskiyou NF -- Elk Fork Timber Sale 1 unit suspended for Marbled Murrelet Siskiyou NF - Boulder Krab Timber Sale 1.05 1 unit suspended for Marbled Murrelet Willamette NF - Red 90 Timber Sale 1.04 1 unit suspended for Northern Spotted Owl Subtotal Section Sales Not Released per 2001 (k) 230.56 (55 Sales) Sales Enjoined or Delayed by Pre-Existing Court Cases: Umpqua NF Cowboy Scott 04/18/90 no 9.40 Enjoined (SAS V. Thomas-Dwyer's Court) Nita Scott 08/29/90 no 9.30 Enjoined (SAS V. Thomas-Dwyer's Court) South Nita Scott 08/29/90 no 6.30 Enjoined (SAS V. Thomas-Dwyer's Court) Forest Totals 25.00 Siskiyou NF Garden Medford 09/12/90 no 4.59 Enjoined (SAS V. Thomas-Dwyer's Court) Colville NF Gatorson Vaagan Bro 03/25/91 yes 11.86 sale suspended 05/20/93 - court injunction Wenatchee NF Tip Longview 03/08/94 yes 0.75 sale enjoined 03/03/95 - court injunction Tiptop St. Joe Lum 11/15/93 yes 2.20 sale enjoined 03/03/95 court injunction Forest Totals 2.95 Subtotal Remaining Sales Suspended, Unawarded or Pending 274.96 (62 Sales) Total All Sales Subject to Section 2001(k) 434.82 (104 Sales) Sales Not Subject to Section 2001 (k) (sales no longer exist): Umatilla NF Bald Boise Casc 09/30/91 no 2.90 Bids rejected 12/11/91 Stagecoach Boise Casc 09/29/91 no 0.20 Bids rejected 12/11/91 Forest Totals 3.10 Wallowa-Whitman NF Bugout Salvage Dodge 10/29/92 no 5.40 Bids rejected 02/23/95 Tower Salvage Boise Casc 08/04/92 no 1.01 Bids rejected 02/23/95 Forest Totals 6.41 Total Sales That No Longer Exist 9.51 (4 Sales) Page 1 of 5 Forest Service, Region 6 18-Ax-16 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 DRAFT A. T&E Sales (Marbled Murrelet and Spotted Owl) with Units Suspended Meets Court's Priority for Original Remaining Nesting Sale Name Forest Bid Date Volume Acres Volumer Criteria High-Bldder Sale Status Replace. ABES WREN UMP 12/27/89 6580 D.R Johnson Company Awarded. Contract Suspended, Spotled Owls Unit 32 17 689 Y H BEAMER 712 SIU 06/26/90 8900 Scoll Timber Awarded, Contract Suspended, Marbled Murrelet Unit 1 46 41D8 N H Unit 2 50 N H 4493 BENNER BUNCH SIU 12/19/89 10300 Bugaboo Timber Awarded, Contract Suspended. Marbled Murrelel Unit D3 27 2530 Y H Unit G4 39 1825 N H Unit L5 17 1376 N H BERRY BUSHEL SIU 07/06/90 5500 Scoll Timber Awarded, Contract Suspended, Marbled Murrelet Unit 1 15 370 Y H Unit 2 25 395 N H BOULDER KRAB SIS 09/27/90 6070 Scott Timber Awarded 11/3/95; Unit 1 in Marbled Murrelel occupied stand, Unit 1 32 1050 N all activity on unit suspended on 12/5/95. Plan of operations H Units 4A,B,&C 39 1680 N received for Unit 4, not suspended. H BOYD CREEK MBS 09/25/90 3750 Hurn Shingle Awarded; Contract Suspended, Marbled Murrelet Unit 2 8 384 N H N H Unit 3 B 265 Unit 4 2 135 N H CAMEL OLY 01/04/90 6050 Mayr Brothers Awarded: Contract Suspended, Marbled Murrelet Unit 1 11 676 N H Unit 4 36 1580 N H CANAL B06 SIU 04/03/90 0400 Hampton Tree Farms Awarded; Contract Suspended, Marbled Murrelet Unit 1 47 3006 N H Unit 2 25 3817 N H CLEAR CREEK MBS 08/21/90 3435 Buse Timber Awarded: Contract Suspended, Marbled Murrele1 Unit 1 29 2970 Y H CONDON CARR. SIU 09/11/90 6800 Willamette Industries Awarded, Contract Suspended, Marbled Murrelet Unit 1 47 3827 N H DEODAR OLY 09/14/90 9900 Hoh River Lumber Awarded. Contract Suspended. Marbled Murrelet T-155 23 800 Y H ELK FORK SIS 09/27/90 2760 CLR Timber Awarded 11/3/95, Unit 4 Marbled Murrelel occupied and suspended Unit 4 35 1320 Y H FATHER OAK SIS 03/28/90 5730 Scott Timber Awarded. Contract Suspended, Marbled Munelet Unit 1 49 570 Y H Unit 4 33 790 N H Unit 5 41 1000 Y H FISH STORY MBS 12/12/69 6700 LB&R Logging Awarded: Contract Suspended. Marbled Murrelet Unit 1 27 700 Y H Page 2 of 5 Forest Service, Region 6 18-Asr-95 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 A. T&E Sales (Marbled Murrelet and Spotted Owl) with Units Suspended DRAFT Meets Court's Priority Original Remaining Nesting for Saje Name Forest Bid Date Voiume Acres Volume Criteria High-Bidder Sale Status Replace. FIVEMILE FLUME SIU 09/27/90 7500 Scott Timber Awarded: Contract Suspended, Marbled Murrelet Unit 2 57 2830 N H Unit 3 54 2514 N H Unit 4 31 1776 Y H FOLAND RIDGE SIU 09/25/90 4400 Hampton Tree Farms Awarded; Contract Suspended, Marbled Murrelet Unit 3 24 549 Y H FORMADER 103 SIU 08/14/90 8300 Scoll Timber Awarded: Contract Suspended. Marbled Murrelet Unit 1 39 2864 Y H Unit 2 28 1407 N H Unit 4 28 1697 N H Unit 5 23 2016 N H FORMADER 717 SIU 06/28/90 2400 Scott Timber Awarded: Contract suspended, Marbied Murrelet Unit 1 33 2367 N H FRANKLIN RDGE SIU 09/11/90 9000 Willamette Industries Awarded; Contract Suspended, Marbled Murrelet Unil 1 52 2042 N H Unit 3 33 2605 N H Unit 4 32 1870 N H GORDY BLUFF SIU 05/29/90 7590 Hampton Tree Farms Awarded: Contract Suspended, Marbled Murrelet Unit 3 31 2604 Y H GRASS HULA SIU 07/31/90 8700 Bugaboo Timber Awarded; Contract Suspended, Marbled Murrelet Unit 1 38 3150 N H Unit 2 28 2048 N H Unit 3 30 1486 N H Unit 4 11 402 N H Unit 5 23 1339 N H GREEN APPLE SIU 07/24/90 10100 Boise Cascade Awarded; Contract Suspended, Marbled Murrelet Unit 1 35 3150 N H Unit 2 33 2639 N H Unit 3 25 2421 Y H Unit 4 20 1680 N H GREEN HORN SIU 08/21/90 5800 Willamette Industries Awarded; Contract Suspended, Marbled Murrelet Unit 1 36 1840 N H Unit 4 4 434 Y H INDIAN HOOK SIU 09/11/90 15200 Scott Timber Awarded; Contract Suspended, Marbled Murrelet Unit 1 46 3279 N H Unit 2 51 3944 N H Unit 3 45 3249 N H Unit 4 18 2009 Y H Unit 5 31 2436 Y H LOBSTER SIS 09/08/90 B5BD CLR Timber Awarded; Contract Suspended, Marbled Murrelet Unit 9 23 1000 Y H LOWER BAILEY SIU 09/27/90 3200 Lone Rock Timber Awarded; Contract Suspended, Marbled Murrelet Unit 4 16 881 Y H Page 3 of 5 Forest Service, Region 6 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 A. T&E Sales (Marbled Murrelet and Spotted Owl) with Units Suspended Meets Court's Priority Original Remaining Nesting for Sale Name Forast Bid Date Volume Acros Volume Criteria High-Bldder Sale Status Replace. MARIA SKYLINE SIU 09/20/90 12700 Scott Timber Awarded: Contract Suspended, Marbled Murrelet Unil 3 54 3524 N H Unil 4 25 1234 N H Unit 5 52 4094 N H MEDIAN BUYBACK MBS 09/27/90 7190 LB&R Logging Awarded; Contract Suspended. Marbled Murrefet Unit 1 18 684 N H Unit 2 31 1364 N H Unit 3 30 1320 Y H Unit 4 35 1330 N H Unit 5 25 1110 Y H MR ROGERS SIU 09/28/90 10000 Seneca Sawmills Not Awarded: Marbled Murrelet Unit 1 47 2444 N H Unit 2 50 2981 N H Unil 3 38 2012 N H Unit 4 49 2509 N H NORTH BALL SIU 04/11/89 6700 Hampton Tree Farms Awarded; Contract Suspended, Marbled Murrelet Unit C 14 561 N H Unit D 7 305 Y H NOT BAO OLY 07/02/90 7290 Hoh River Lumber Awarded, Contract Suspended, Marbled Murrelet SO-110 12 800 Y H SO-111 11 800 Y H OLD GRADE MBS 08/14/90 9900 Summit Timber Awarded; Contract Suspanded. Marbled Murrelet Unit 9 7 317 N H Unit 11 14 951 N H Unit 12 10 220 N H Unit 13 9 167 N H Unil 14 11 401 N H PRONG SIU 08/27/90 4800 Lone Rock Timber Awarded: Contract Suspended. Marbled Murrelet Unit 1 58 4630 N I RANDALL SALADO SIU 09/28/90 6500 Bolse Cascade Awarded; Contract Suspended, Marbled Murrelet Unit 2 32 1387 N H RYAN WAPITI SIU 03/20/90 10700 Freres Lumber Awarded Contract Suspended, Marbled Murrelel Unit 1 51 3503 N H Unit 2 27 2782 N H SCRAPS MBS 09/27/90 7550 Miller Shingle Awarded; Contract Suspended, Marbled Murrelel Unit 1 9 672 Y H Unit 2 28 1237 N H Unit 4 10 480 Y H Unit 5 16 410 N H Unit 9 18 963 Y H rays Forest Service, Region 6 11-Apr-16 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 A. T&E Sales (Marbled Murrelet and Spotted Owl) with Units Suspended Meets Court's Priority Original Remaining Nesting for Sale Name Forest Bld Date Volume Acres Volume Criteria High-Bidder Sale Status Replace. SKYWALKER SIU 09/04/90 7700 Scoll Timber Awarded: Contract Suspended. Marbled Mumelel Unit 3 13 774 N H Unil 5 25 873 N H Unit 6 46 3443 Y H SOUTH PAXTON SIU 09/20/90 9200 Willamette Industries Awarded: Contract Suspended, Marbled Murrelet Unit 1 58 3807 N H Unit 2 37 2353 N H Unit 3 38 1518 N H Unit 5 2 118 N H Unit 6 15 744 N H Unit 8 1 63 Y H SPUR TRIGGER SIS 05/22/90 5420 CLR Timber Awarded: Contract Suspended, Marbled Murrelet Unit 3 27 739 Y H Unit 4 38 1085 Y H Unit 5 34 202 Y H SQUARE CLARE SIU 05/29/90 10700 Willamette Industries Awarded: Contract Suspended, Marbled Murrelet Unit 3 34 1178 N H STALWART MBS 09/18/90 2600 Miller Shingle Awarded: Contract Suspended, Marbled Murrelet Unit 3 7 835 Y H Unit 4 7 785 N H Unit 5 B 845 N H STEVENS OLY 06/90/60 5600 Mayr Brothers Awarded; Contract Suspended, Marbled Murrelet Unit 3 16 630 N H Unit 4 4 80 N H SUGAR CUBE SIS 09/17/90 4830 CLR Timber Awarded; Contract Suspended, Marbled Murrelet Unit 3 30 1304 N H Unit 7 12 130 Y H SUGAR MAPLE SIU 03/08/90 6400 Willamette Industries Awarded; Contract Suspended Marbled Murrelet Unit 4 38 1459 Y H SULPHUR SIU 06/07/90 6400 Scoll Timber Awarded; Contract Suspended. Marbled Murrelet Unit 3 36 1536 N H Unit 4 40 2765 Y H TAYLOR RANCH SIS 12/27/89 5350 CLR Timber Awardad; Contract Suspended, Marbled Murrele1 Unit 1 42 1770 Y H TOASTBERRY SIS 08/08/90 4010 Scott Timber Awarded: Contract Suspended, Marbled Murrele1 Unit 1 14 820 N H Unit 2 28 960 N H UNCLE CONDON SIU 09/11/90 12600 Willamette Industries Awarded: Contract Suspended, Marbled Murrelet Unit 1 33 2259 N H Unit 2 30 1427 N H Unit 3 49 3831 N H Unit 4 14 916 N H UPPER MCLEOD SIU 09/11/90 5100 Seneca Sawmills Awarded; Contract Suspended, Marbled Murrelet Unit 1 40 2382 N H Page D di 5 Forest Service, Region 6 18.Apr.26 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 A. T&E Sales (Marbled Murrelet and Spotted Owl) with Units Suspended Meets Court's Priority for Original Remaining Nesting Sale Name Forest Bld Date Volume Acres Volume Criteria High-Bidder Sale Status Replace, UPPERTEN 002 SIU 05/03/90 14485 Bolse Cascade Awarded: Contract Suspended, Marbled Murrelet H Unit 1 50 3089 N H Unit 2 56 3290 N H Unit 3 53 3913 N H Unit 4 45 3578 N WAPITI 305 SIU 09/20/90 2300 Scott Timber Awarded; Contract Suspended, Marbled Murrelet Unit 3 23 1198 N H Unit 5 26 1080 N H WEST BOUNDARY OLY 09/20/90 4300 Mayr Brothers Awarded; Contract Suspended, Marbled Murrelet Unit 3 2 47 N H Unit 4 27 1230 Y H Unit 4A 6 150 N H Unit 5A-D 45 1000 N H WHEELOCK 403 SIU 06/19/90 6013 Hampton Tree Farms Awarded; Contract Suspended, Marbled Murnelet Unit 1 32 1290 N H Unit 2 29 1242 N H Unit 3 25 2025 N H Unit 4 27 757 N H WINRIVER SIS 01/06/90 3140 CLR Timber Awarded: Contract Suspended, Marbled Murrelel Unit 12 24 239 N H Unit 13 29 664 N H Unit 14 33 794 Y H WYNOCHEE RES. OLY 09/24/90 16980 Mayr Brothers Awarded; Contract Suspended, Marbled Murrelel A.240 15 1230 Y H A-240A 4 74 N H A-261 24 550 N H A-293 11 300 N H A-346 3 50 N H YOU WHO OLY 09/14/90 12400 MCMC Resources Awarded: Suspended. Spotted Owls & Marbled Murrelel SO-116 13 1750 Y H 3794 210287 DRAFT DRAM Page 01 Forest Service, Region 6 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 B. Umpqua/Sisklyou Sales with proposed T&E Fish and Aquatic Issues. Priority Original Remaining for Sala Name Forest Bid Date Volume Acres Volume High-Bldder Sale Status Replace. COWBOY UMP 04/18/90 9400 9400 Scott Timber Not Awarded, SAS V. THOMAS, 89-160WD H FIRST UMP 09/19/90 5100 Scott Timber Awarded 3/8/96, SAS vs Thomas 89-160WD: Substitute volume being provided Done GARDEN S1S 09/12/90 4590 4590 Medford Corporation Not Awarded, SAS vs. Thomas 89-160WD H GAGE UMP 09/12/90 16500 Scott Timber Released 9/29/95: Sale was modified to change some units from tractor L Unit 5 14 358 to skyline logging. mark additional leave trees, provide wider buffers Unit 7 31 816 along streams. Unit 10 9 270 Unit 17 17 661 Unit 23 9 298 Unil 24 1 27 Unil 26 26 117 Unit 27 46 151 Unit 29 28 180 HONEYTREE UMP 08/08/90 9300 350 Scott Timber Released 9/29/95; Sale was modified 10 provide wider buffers along streams L Unll 1 2 72 in Units 1, 7. 8, 9 Unit 9 9 37B JACK UMP 08/01/90 9030 C&D Lumber Released 9/29/95; Portion of Unit 1 and all of Units 9, 11, 12 deleted Stream L Unit 14 14 598 buffers added or widened in Units 7. 11. 15, 16, 21, 22. Tractor logging unils Unit 15 15 586 changed to skyline logging. Unit 18 4 142 Unit 21 4 162 LAST UMP 09/12/90 6700 Scott Timber Awarded 3/8/96, SAS vs. Thomas 89-160WD; Substitute volume being provided Done NITA UMP 08/29/90 9300 9300 Scott Timber Not Awarded, SAS vs. Thomas 89-160WD H REDLICK UMP 08/01/90 6600 Superior Lumber Released 9/29/95; Portions or Units 8 and 9 were deleted. Wider stream L Unit 13 101 762 buffers implemented. SOUTH NITA UMP 08/29/90 6300 6300 Scoll Timber Not Awarded. SAS vs. Thomas 89-160WD H ZANITA UMP 03/14/90 11900 Lone Rock Released 9/29/95; Deleted Units 1 and 2, Added wider stream buffers. All L Unit 3 17 428 skyline logging. Unit 5 5 127 Unit 8 10 429 Unit 18 40 176 Page 1 of 1 Forest Service, Region 6 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 DRAFT C. PACFISH, INFISH and Eastside Screens Priority Original Remaining for Sale Name Forest Bld Date Volume Acres Volume High-Bidder Sale Status Replace. the ALLEN WAW 10/08/92 3800 3400 Rosbaro Lumber Awarded 3/11/96. Will seek contract modification of 5 units to meet PacFish H Guidelines can do within Sale Area. BALD UMA 09/30/91 2900 N/A Boise Cascade Not Awarded Sale no longer exists on ground N/A BANTY SLV WAW 08/04/92 610 610 Idaho Timber Awarded 3/14/96, Need to go outside Sale Area to provide replacement H. volume to meet PacFish Guidelines. BILL WIN 09/28/92 5800 3000 Huffman/Wright Awarded 11/14/95 L BLUE FORD FRE 09/25/91 6500 6500 Boise Cascade Awarded 11/30/95; did not meet Easlside screens. M BUGOUT SLV WAW 10/29/92 5400 N/A Dodge Logging Nol Awarded: Sale no longer exists on ground N/A CANTREL SPRINGS WAW 11/03/92 61D N/A Kinzua Not Awarded: no "responsible bidder" wanted sale N/A CINDER WIN 09/28/92 5300 4400 Scott Timber Awarded 11/14/95 L EAGLE RIDGE HOUSELOG UMA 09/30/91 170 170 Tuckor Logging Awarded 3/13/96; awaiting operating plan, did not meel Easlside screens. L FORKS MAL 04/28/93 5000 N/A Snow Mountain Pine Not Awarded, no "responsible bidder" wanted sala N/A GATORSON COL 03/25/91 13700 11860 Vaagan Brothers Awarded 5/6/93. Suspended 5/20/93. SMITH V. USFS, 93-0178-JLQ (E.D.Wa). L HILTON WAW 09/26/91 5300 N/A Malheur Lumber Nol Awarded: no "responsible bidder" wanted sale N/A HORN SALVAGE WAW 11/17/92 1340 1340 Boise Cascade Awarded 3/13/96: WIII seek contract modification to meet PacFish Guidellnes H can do within Sale Aree JOHN WIN 08/14/91 1800 1800 Huffman/Wright Awarded 11/14/95 L JOHN LODGEPOLE WIN 08/22/91 2200 2200 Westam Timber Awarded 3/12/96 L JOHNSON SLV WAW 08/27/92 3600 N/A Rosboro Lumber Not Awarded; no "responsible bidder" wanted sale N/A LOCUST MAL 04/14/93 1000 1000 Smerski Logging Awarded 11/22/95; did not mest Easlside screens. L NELSON WIN 01/06/92 7400 N/A DAW Not Awarded; no "responsible bidder" wanted sale N/A NICHOLSON SLV OKA 02/29/93 890 0 Vaagan Brothers Awarded 11/3/95: cutting completed. N/A OFF BROADWAY OCH 03/29/93 12300 Kinzua Award pending-Letters sent to other bidders concerning their interest in sale: did not meel Eastside screens PARK HFR WAW 11/03/92 700 0 Boise Cascade Awarded 11/13/95; cutting completed. N/A PRONG SALVAGE WAW 10/15/92 3800 N/A Rogge Not Awarded: no "responsible bidder" wanted sale N/A RD SALVAGE WAW 10/29/92 3300 3300 Dodge Logging Awarded 11/14/95; Seeking contract modification to meel PacFish Guidelines H can do within Sale Area. STAGECOACH UMA 09/29/91 200 N/A Boise Cascade Not Awarded: Sale no longer exists on ground N/A SWEET PEA WAW 05/26/92 1280 N/A Ellingson Lumber Not Awarded: no "responsible bidder" wanted sale N/A TANHORSE WAW 09/24/91 1340 1340 Boise Cascade Awarded 11/15/95. Seeking contract modification (PacFish) can do within Sale H TANYA WAW 09/26/91 585 585 Boise Cascade Awarded 11/15/95; Seeking contract modification (PacFish) can do within Sale H TIP WEN 03/08/94 751 751 Longview Fiber Awarded 9/9/94: Enjoined 3/3/95, LEAF et al Y FERRARO, 94-1025 (W.D. WA) L TIPTOP WEN 11/15/93 2200 2200 St. Joe Lumber Awarded 2/16/94; Enjoined 3/3/95, LEAF el at V. FERRARO, 94-1025 (W.D. WA L TOWER SLV WAW 08/04/92 1010 N/A Boise Cascade Not Awarded: Sale no longer exists on ground N/A WILLY WIN 09/26/91 4400 0 Boise Cascade Awarded 11/14/95; culling completed NIA YOSS WIN 09/19/91 7100 2300 Boise Cascade Awarded 11/14/95 L Forest Service, Region 6 18-Apr-95 Priority for Replacement Volume 2001(k) Sales; as of April 18, 1996 D. Other Sales DRAFT Meets Court's Priority Original Remaining Nesting for Sale Name Forest Bid Date Volume Acres Volume Criteria High-Bldder Sale Status Replace. ANCHOVY WIL 09/28/90 3400 Thomas Creek Awarded: Contract modified, Unit 5 delated and replaced with limber L Unit 5 23 900 N within Sale Area. ABES WREN UMP 12/27/89 6580 DR. Johnson Company Awarded: Unit 32 Suspended, Spotted Owls; screened Unit 29 28 867 N L-M Unit 30 17 270 N Unit 31 25 933 N Unit 33 29 1428 N BOULDER KRAB SIS 09/27/90 6070 Scott Timber Awarded 11/3/95: Unit 1 in Marbled Murrelet occupied sland, all activity on unit Unit 4A 4 0 N suspended on 12/5/95. Plan of operation received to cul Unit 4 Operating H Unit 48 14 720 N Schedule to begin operations by May 1996. H Unit 4C 25 960 N H CARACO CAT OLY 05/16/90 3700 0 N Mesa Resources Awarded 11/21/95; Contract modified for riparian. buffers and some units deleted. N/A ENOLA MTH 08/07/90 4800 4800 N Hanal Lumber Awarded 9/8/95; cutting started. L HEAD ROR 09/18/90 3960 0 N Boise Cascade Awarded 9/8/95; Contract modified to add stream buffers and some units deleted; N/A cutting completed. HIACK THIN SIU 12/30/93 1600 N/A N Hampton Tree Farms Not Awarded; no "responsible bidder" wanted sale N/A HOLDAWAY 2 GIP 02/24/89 1700 N Kyle Peters Award pending-Letters sent to other bidders concerning their Interest in sale HORSE BYARS WIL 08/31/90 5700 5700 N Frenss Lumber Awarded 12/19/95; awaiting Plan of Operation L RED 90 WIL 09/28/90 7300 7300 N Freres Lumber Awarded 12/18/95; Contract modified and 1 unil replaced; currently culting. L ROCKY OLY 07/18/90 2900 2900 N Buse Timber Awarded 11/30/95; Contract modified for buffers: cutting completed N/A Name Dat e Steven Reich 6/4/99 Counsel Name Date Steven Reich 6/4/99 Counsel