REPORT

ofthe Select Sub Committet

ofthe Long Term Task Force on County Funding

Regarding

RECOMMENDED ACTION ON THE

BLM S WESTERN OREGON PLAN REVISION

October 11 2007

Composition of Select Sub Committee

Tasking ofSdect Sub Committee

Findings ofthe Select Sub Committee

Evaluation of the Alternatives

Evaluation ofRevisions Common to All Alternatives

Critical Commentary

Alternative Recommendations

Recommended Modifications to Preferred Alternative

Conclusion

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COMPOSITION OF THE SELECT SUB COMMITTEE

The Select Sub Committee ofthe Josephine County Long Term Task Force on County Fundingconsists ofeight appointed members from the Long Term Task Force acting under the guidanceof Commissioner Jim Raffenburg as chairman The members appointed to the Sub Committeewerechosen to represent adiversity ofinterests and interest groups active in the communityThey included

Jim Frick Board Member Oregon Association ofRealtors

Don Moore Josephine County Planning Commission

Jack Shipley Applegate PartnershipLowell Gibson SOHPEC

Kevin Marr Self employedCameron Krauss legal counsel for The Swanson GroupGrant Pencille Board Member City County Chamber ofCommerceVic Harris Josephine County Forestry Program Manager

Timber interests

Government interests

Environmental interests

Business manufacturing interestsEnvironmental interests

Timber interests

Business interests

Government interests

In addition the sub committee was assisted by Jack Swift as rt search staff

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TASKING OF THE SELECT SUB COMMITTEE

In general it is the mission ofthe Select Sub Committee toevaluate the natural resources

available in the County whether Federal State County or Private and to recommend aplan fortheir utilization which will satisfy the County s obligations regarding these resources both as

trustee ofthese assets for future generations and as steward ofthese assets for the safety well

being and ergoyment ofpresent citizens while promoting to the maximum extent sustainable thefiscal and public responsibilities ofCounty government

In this regard the Select Sub Committee examined the Bureau ofLand Management s proposedDraft Environmental Impact Statement for the Revision ofthe Resource Management Plans ofthe Western Oregon Bureau ofLand Management Districts popularly known as the WOPR

The Select Sub Committee tasked itselfto

1 Identify deficiencies if any with regard to the management ofnatural resources withinthe County under the current operative Record ofDecision for Amendments to Forest

Service and Bureau ofLand Management Planning Documents With the Range ofthe

Northern Spotted Owl April 1994 This Record ofDecision is popularly known as theNorthwest Forest Management Plan NWFMP

2 Evaluate the revision alternatives offered in the BLM s Draft Environmental ImpactStatement for the Revision ofResource Management Plans ofthe Western OregonBureau ofLand Management Districts August 2007 with particular regard toanydeficiencies identified in the current plan

3 Provide acritical commentary on the WOPR particularly in view ofany deficiencies

identified in the current plan

4 Recommend apreferred alternative among the proposals offered

5 Recommend appropriate modifications if any to the preferred alternative which will

better correct any deficiencies noted

6 Justify any such recommendations in terms ofactual fact and law

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FINDINGS OF THE SELECT SUB COMMITTEE

The Select Sub Committee makes the following findings regarding the current NWFMP

Basis for Findings

The following findings are based upon the committee s review of

A The Record ofDecision for Amendments toForest Service and Bureau ofLand

Management Planning Documents With the Range ofthe Northern Spotted Owl

April 1994 including the Standards and Guidelines included therein

B The Medford District Record ofDecision and Resource Management Plan June1995

C The 2007 Draft Recovery Plan for the Northern Spotted Owl Strix occidentalis

caurina Merged Options 1 and 2 April 2007 ofthe United States Fish andWildlife Service

D The Draft Environmental Impact Statement for the Revision ofResource

Management Plans ofthe Western Oregon Bureau ofLand Management Districts

August 2007

E Josephine County Adopted Budget FY 2006 0

F Josephine County Adopted Budget FY 2007 08

G The collective experience ofthe interests represented on the committee in the 13

years ofthe NWFMP

H Members ofthe committee or its staffhave attended all ofthe functions ofthe

BLM throughout the WOPR process beginning with the original scoping throughthe BLM s presentations tovarious Boards ofCounty Commissioners

I Members ofthe committee or its staff have engaged in consultation with the local

directors for the USFS and the BLM and their staffs

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Findings

1 The existing scheme ofmanagement for both the 259 000 acres offorest within

Josephine County administered by the BLM and the 400 758 acres administered by theUSFS is intolerably deficient with regard to fire management and fuel control As to theBLM alone within the Medford District s 859 096 acres ofBLM land approximately48 have identified fire hazard ratings ofhigh with some 32 6 ofthe lands in southern

portion wherein Josephine County is located rating very high fire hazard

2 The existing scheme ofmanagement so far as the revested Oregon and CaliforniaRailroad lands are concerned is intolerably deficient in achieving the legislated intent of

providing primarily for permanent timber harvest maximum sustained yield productionand significant timber revenues for Josephine

County

3 For reasons that are unclear the existing scheme ofmanagement wherein 67 ofthe

O C lands have been withdrawn from timber production as Congressional withdrawals

Late Successional Reserves Administrative withdrawals and Riparian Reserves is

failing todemonstrate success with regard to its intended purpose ofeffecting the

recovery ofthe Northern Spotted Owl After 13 years the owl s numbers continue to

decline particularly in the northern reaches ofits range

4 The mandatory contribution ofthe revested Oregon California Railroad lands to theFish Wildife Service s Owl recovery plan would appear tobe lacking in Constitutional

authority The delegation ofauthority by Congress to the executive branch of governmentto design and implement endangered species recovery plans and the legislated mandate to

federal agencies to comply with such plans would not seem to be a Constitutionally valid

delegation ofCongress power to annul Congressional legislation where certain oftheeffected federal lands have aconflicting legislated dedication

5 The existing scheme ofmanagement as to road managt ment both on the BLM

administered lands and the USFS administered lands is in the experience ofthe

committee deficient The present experience is that forest roads and access trails are not

adequately maintained are not adequately signed and are in large measure being closed

and de commissioned with resultant limitation upon forest access and recreation

6 The existing scheme ofmanagement has led toextensive litigation regarding proceduralaspects ofthe BLM s attempts tosatisfy its timber sales objectives under the NWFMP

That problem appears tobe rooted in the incorporation in the land use scheme ofpolicyissues particularly as related to non listed threatened or endangered species and Bureau

special interest species

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EVALUATION OF THE ALTERNATIVES

Based upon the aforementioned findings the Select Sub Committee offers the followingevaluations ofthe various alternatives proposed in the WOPR These evaluations are not

intended tobe exhaustive The DEIS is an encyclopedia ofminutia These evaluations are

predicated upon what the committee sees as the key features ofeach alternative as they mayeffect the deficiencies noted

1 No Action Alternative

This alternative would introduce no change to the existing scheme ofmanagement Itallows for 33 ofthe O C lands tobe used for timber production either as generalmatrix lands 25 or adaptive management units 81 In this arrangement 3 ofthe

lands are reserved pursuant to Congressional withdrawal from the O C as national

wilderness areas wild and scenic river reserves etc 36 are reserved as LateSucce ssional Reserves 14 as riparian reserves and 14 are administrativelywithdrawn

As noted in the DEIS this alternative is probably illegal as regards the 1937 O C Actand it is not workable to the extent that under the present standards and guidelines theBLM has not been able to accomplish even the meager timber harvests established as

goals for the O C lands

It is the prediction ofthe BLM that the sharing of timber sales receipts under the No

Action Alternative should provide the O C counties with 37 ofthe revenues enjoyedunder Secure Rural Schools funding BLM contributions Since BLM O Ccontributions are the only funds allowable for general fUnd utilization this percentage isofparamount importance to County fiscal responsibility

2 Alternative 1

This alternative allows for 37 ofthe O C lands to be utilized for sustained yield timber

production which is practically the same as the no action alternative It reduces late

successional reserves to 28 but increases the Congressional withdrawals by introducingwithdrawals for the National Landscape Conservation System an establishment ofthe

executive branch ofgovernment Such withdrawals under Alternative 1 rise to 7

Riparian reserves decrease to 9 and Administrative vrithdrawals rise to 19

The largest increase in land use allocations under Alternative 1 is in the administrative

withdrawal category an increase of5 There is no clear explanation for this increase

Even with the abolition ofadaptive management areas timber productive lands are

increased by 4 As noted conservation withdrawals are increased by 4 Late

successional reserves are reduced by 8 and riparian reserves are reduced by 5

o

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The alternative introduces agreat deal ofnomenclature change and shuffles allocationsbut makes no meaningful change as regards compliance with the law calling for primaryutilization ofthese lands for permanent timber harvest Utilization ofslightly more than a

third ofthese lands for timber cannot be called primary utilization The introduction ofthe National Landscape Conservation System an executive branch plan into the lands ofthe O C with a legislated dedication raises similar Constitutional concerns regarding the

separation ofpowers mentioned earlier about endangered species recovery plans

Timber harvesting plans under this alternative call for a 10 year production of4 560million board feet with the heavy majority 91 coming by way ofregenerationharvests Such regeneration efforts would impact fire protection favorably by installingeffective fire breaks They would also impact roads and access favorably as aby productof traditional regeneration harvests is the creation ofnew roads Giventhe extensiveattention offered to road design and runoffmanagement there would seem tobe no

negative impact The creation ofre generation stands may also impact favorably uponthe owl recovery as there is evidence noted by the FWS that such regeneration zones are

apparently beneficial prey habitat for the owl

It is predicted by the BLM that timber sales receipts under this alternative should providethe O C counties with 60 ofthe revenues enjoyed WIder Secure Rural Schools fundingBLM contributions It is not clear how an increase ofthe land base allocated to timber

production of4 would lead toan income increase in the percentage ofSecure RuralSchool funding of23

3 Alternative 2

In terms ofcompliance with all the law regarding the O C the BLM offers this

alternative as the preferred alternative

Compared to the existing arrangement this alternative also increases administrativewithdrawals by 5 to 19 In addition it makes a specific withdrawal for the CoquilleTribal Forest Land of 1 It also increases National Landscape Conservation Systemwithdrawals by 4 over the current 3 for congressional withdrawals It increases

timbermanagement areas by 15 to 48 or nearly halfofthe O C lands It decreases

late successional reserves by 17 to 19 and decreases riparian reserves by 8 to6

This alternative provides a significantly higher 10 year goal of7 270 million board feet

and once again timber harvesting would be achieved primarily by regenerationharvesting 94 with the attendant benefits noted for alternative 1

It is predicted by the BLM that timber sales receipts under this alternative should providethe O C counties with 94 ofthe revenues enjoyed under Secure Rural Schools fundingBLM contributions

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4 Alternative 3

In terms ofland use allocations alternative 3 would appear to offer more O C land to its

legislated purpose ofpermanent timber production It eliminates late successionalreserves altogether It mirrors alternatives 1 and 2 by increaing Congressional reserves

3 by 4 toNational Landscape Conservation System reservations of7 It alsodedicates 1 to the Coquille Tribal Forest Itprovides for 7 in riparian reserves and itmirrors the 5 increase ofalternatives 1 and 2 in administrative withdrawals The resultis a general landscape management area of66

Alternative 3 in contrast to the other alternatives makes no attempt to designategeographic blocks ofland for late successional reservations based upon age of standsInstead it establishes tree by tree reservations based upon age ofindividual trees Thiswould appear tobe merely anomenclature revision but the approach necessitates an

alternative policy on type oftimber harvest selective harvest rather than regeneration

Alternative 3 imposes amoratorium upon regeneration harvests until stands reach the

anticipated age ofnatural stand replacement 240 years for Douglas firs true firs and

tanoak and 360 years for western hemlock It further introduces another limitation thateven the equivalent ofnatural stand replacements would not be undertaken until at least50 ofthe acres in a local assessment area are older than either 90 years or 140 yearsdepending on the District involved 140 years in the Medford District In addition

regeneration harvests would be excluded altogether in 1he area south ofGrants Pass

Alternative 3 also introduces new land allocations of 215 acres per northern spotted owl

activity center As ofJuly 1 1994 there were 2893 such known sites in Oregon 268 ofthem in the Medford District

With its predilection toward avoiding regeneration harvests in age groups ofgreatercommercial value it is predicted by the BLM that timber sales receipts under thisalternative should provide the O C counties with only 45 ofthe revenues enjoyedunder Secure Rural Schools funding BLM contributions

This alternative is viewed by the BLM as compliance with its settlement agreementobligation in the Association ofO C Counties and the American Forest Resource

Council s lawsuits against the BLM That agreed obligation reads

The BLM will revise the Resource Management Plans for its Coos BayEugene Lakeview Medford Roseburg and Salem Districts by December31 2008 At least one alternative tobe considered in each proposedrevision will be an alternative which will not create any reserves on O C

Lands except as required to avoid jeopardy under the Endangered SpeciesAct All plan revisions shall be consistent with the O C Act as interpretedby the 9th Circuit Court ofAppeals

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EVALUATION OF REVISIONS COMMON TO ALL ALTERNATIVES

All alternatives persist in maintaining aprimary forest management objective of promoting the

development of late successional forests

Alternative 1 Maintain or promote the development ofstructurally complex forests

Alternative 2 Promote the development ofhabitat for the northern spotted owl in standsthat do not currently meet suitable habitat criteria

Alternative 3 Maintain or promote the development ofmature or structurally complexforests

Since there is no legal basis for the utilization ofO C lands for the development ofstructurallycomplex forest stands other than the presumed needs ofthe northern spotted owl this primacy of

purpose would seem to be acontinuation of the policy which led to the lawsuits in the first

place

In all alternatives currently developed outdoor recreational opportunities will be continuedwhich is a policy consistent with the stated purposes ofthe 1937 O C Act

All alternatives provide for the harvest ofspecial forest products which is probably within the

spirit ofthe O C Act dedication

In all alternatives visual resource classifications are maintained which would probably only be a

limitation upon timber production under Alternatives 1 and 2 which provide for regenerationharvests

In all alternatives even apparently under the No Action Alternative survey and status protocolsfor non listed threatened and endangered species and Bureau special status species have beenabandoned It has been repeatedly stated by the Medford Director that these protocols have beenthe source ofthe vast majority ofthe lawsuits which have frustrated BLM attempts to meet theirtimber sale quotas under the NWFMP Presumably this will lead toareduction in the numberand variety oflawsuits attempted to frustrate timber utilization ofthe O C

All alternatives provide for fire management to accomplish fire hazard reduction in the interfaceAll alternatives also attempt to reduce both fire severity and hazard north ofGrants Pass byreducing the number ofstand establishment and young forests In that regard it is predicted thatthe No Action Alternative would effect the greatest decrease by effecting the fewest

regenerations and alternative 2 would effect the least decrease by effecting the greatestregenerations The BLM predicts a 100 year decrease in fire hazard and severity deriving from

the reduction in acreage occupied by stand establishment and young forests A function ofthelimitation of regeneration harvests

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South ofGrants Pass apart from sale units the Medford District fuel treatment plan calls for fuelreduction treatment on 11 000 acres per year

Under all altt rnatives the BLM s budget requirements would be higher The BLM s annual

budget under the No Action Alternative will need to increase by 17 29 under Alternative 337 under Alternative 1 and awhopping 60 under Alternative 2 Since the O C Act

provides that 25 oftimber sales revenues shall be available for administration it would seem

that BLM s budget needs ought to be satisfied by the increased revenues associated with

increased harvests

CRITICAL COMMENTARY

Legal Satisfaction

The committee notes that the Western Oregon Plan Revision is the BLM s attempt to satisfy its

legal obligations to the plaintiffCounties acknowledged in an agreed settlement and satisfaction

of legal rights asserted in a federal litigation As aplaintiffCounty in that legal action JosephineCounty s first concern should be whether the WOPR adequately satisfies that obligation It is the

opinion ofthe committee that it does not

The issue pre sented in the underlying litigation was one ofwhich law should prevail in the

utilization of the O C lands the 1937 O C Act calling for primary utilization ofthese lands for

permanent timber production or the dictates ofthe Endangered Species Act demandingparticipation offederal agencies in recovery plans created by the Fish Wildlife Service for

threatened OJ endangered species The committee notes that no plan contemplated calls for the

taking ofnorthern spotted owls and the committee sees no circumstance in which the dictates of

the Endangered Species Act cannot be met by the relocation ofencountered owls The

committee stes the conflict only in the presumed obligation under the Endangered Species Act of

the O C lands to contribute land to the development ofsuitable habitat for purposes ofnestingroosting interaction between clusters and dispersal

Every alternative proposed in the WOPR maintains as its primary management objective the

development ofwhat is presumed to be suitable habitat for the northern spotted owl Such

creation ofsuitable habitat on federal lands for threatened spedes is not mandated by any act of

Congress other than the mandate toagencies to cooperate in recovery plans By contrast the

O C Act m mdates

timber from said lands in an amount not less than one halfbillion feet board

measure or not less than the annual sustained yield capacity when the same has

been determined shall be sold annually or so much thereofas can be sold at

reasonable prices on anormal market

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As such the WOPR persists in presenting management plans which prioritize executive

department policy overCongressional dictate

While partial compliance with both the Endangered Species A tand the O C Act may be seen

as anegotiated compromise ofrights the settlement agreement calls for compliance with theO C Act The essential characteristic ofthe O C Act is its dedication ofthe O C lands to a

primary utilization for permanent timber production and mandatory annual sale The largestdedication to timber production is offered in alternative 2 That is 48 or 49 ofthe O Clands not dedicated by Congress tosome alternative use A dt dication ofless than halfoftheselands to timber production still cannot be seenas a primary utilization

Finally the committee does not see alternative 3 as agood faith endeavor by the BLM to satisfyits obligation toconsider an alternative without land use reservations The NWFMP establishedreservations based upon age classifications ofstands Alternative 3 ofthe WOPR establishes tree

by tree reservation based upon the identical age classifications This is simply nomenclature

change However even if this redesignation were within the letter ofthe law alternative 3 also

introduces apolicy ofharvest sequence designed to mimic the occurrenceofnatural stand

replacement There is no basis for this in any ofthe law Nor is there any basis in the law for

precluding regeneration harvests south ofGrants Pass

With regard to the issue ofgood faith compliance the committee notes that Alternative 3

ostensibly without reserves in fact has significant reserves hidden in the owl activity centers InMedford District alone these amount to some 57 620 acres While the BLM represents that 66ofthe land is available for general management the actual percentage is significantly lowerThere are 2893 such sites in Oregon although it is unclear how many ofthose are on O C land

Lackof Flexibility

The committee recognizes that the BLM in developing the WOPR is confronted with the need

to satisfY conflicting interests in the management ofthe O C lands Besides the fundamental

legal controv1ersy between the presumed needs ofthe owl and timber production there is

controversy in the public community over regeneration and selective harvesting There is

conflict between the need for fire hazard reduction and the desire for the development ofpurelynatural forests There is conflict between the public s need for roads as access for recreation andthe potential for fine sediment negatively effecting streams These conflicts play across all thealternatives and have greater or lesser significance in the actual site for aproposed agency action

The committee thinks that it is a fundamental mistake to incorporate procedural policies in land

use allocations Particularly here in southern Oregon underlying geology varies dramaticallywithin large geographic areas The committee thinks it is a mistake toestablish regenerationharvest as the objective in alternatives 1 and 2 and selective harvest as the objective in alternative

3 We believe the silvacultural demands ofthe particular site should dictate the agency s action

in any particular circumstance Accordingly the determination ofthe type ofharvest should be

subject to policy guidelines not land allocation

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While there would seem to be similar concerns regarding the riparian reserves uponconsultation the BLM represents that it is there belief they in fact have adequate flexibility underthe rules proposed

Lack of Adequate Fire Management

The committee believes the priority concern driving our forest management should be the

protection and conservation ofour natural resources In that regard adequate fire managementshould take precedence over utilization concerns If the resources are lost to wildfire they are

unavailable fl rhabitat or harvest Management plans for the O C must be prioritized for fire

management first

A key defect in the NWFMP is that its fire management scheme is driven and controlled byecosystem concern priority Although the NWFMP recognizes the effectiveness ofboth

firebreaks and prescribed bums for no stated reason it eschews firebreaks as a fire control tool

and relies solely upon prescribed burns The committee notes that the opportunities tosafelyutilize prescribed burns are limited and there have been severa devastating wildfires in nearbyCalifornia occasioned by their escape

The WOPR offers little toaddress the fuel build up and ladder conditions created by 100 years of

fire exclusion and 13 years ofpoor fire management The contemplated 11000 acres ofannual

fuel reduction efforts proposed in the WOPR is grossly inadequate to deal safely with the423 000 acres ofhigh risk forest in the Medford District

Recognizing the lack ofresiliency ofestablishment stands and young forests the WOPR attemptstoaddress part ofthe issue by limiting full regeneration harvests and concludes that alternative 3offers the best long term improvement in this regard The committee believes lack ofresiliencyin such stands is a threat ofloss to the particular stand but that the peril ofhigh intensitycatastrophic wildfire has agreat deal more to do with fuel build up and ladder conditions within

stands ofall seral designations

The committee believes the BLM in the WOPR must address fire management as its number one

and immediate priority

Conclusion

In sum the committee finds that the WOPR as awhole does not satisfy the legal obligationpresented the BLM is not a good faith compliance with the BLM s contractual obligations under

the settlement agreement is impractically and Wlfeasonably rigid in its use allocation approachand fails to provide adequately for the most important issue facing the forests fire management

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ALTERNATIVE RECOMMENDATIONS

No Action Alternative

In view ofthe deficiencies identified and their intolerable significance under the existing schemeof management the committee finds the No Action Alternative absolutely unacceptable

Alternative 1

In view ofthc committee s evaluation ofAlternative 1 as nothing more than arealignment and

readjustment ofthe existing NWFMP the committee finds it offers only minimal improvementwith regard to the deficiencies noted The committee finds Alternative 1 absolutely unacceptable

Alternative 3

It is the committee s evaluation that Alternative 3 is being driven by priorities objectives and

standards that are without legal basis The committee finds that the implementation ofthese

standards and objectives frustrates the intent ofAlternative 3 and frustrates any real improvementof the deficiencies identified in the current scheme ofmanagement In view ofthe fact that thealternative is constructed entirely ofthese ill conceived standards and objectives Alternative 3

cannot be salvaged by modification The committee finds Alternative 3 also unacceptable

Alternative 2

It is the committee s evaluation that Alternative 2 goes farthest toward correcting the deficiencies

noted in the present scheme particularly in terms of improving timber production and revenues

The committee also finds that with appropriate modification Alternative 2 can be fashioned to

fully satisfy the committee s concerns The committee finds Alternative 2 with appropriatemodification the preferred alternative

RECOMMENDED MODIFICATIONS TO PREFERRED ALTERNATIVE

Deletion of Late Successional Management Areas

The committee recommends that Alternative 2 be modified to delete all late successional

management areas The committee believes such designations be they termed reserves or

management areas are the source ofthe conflict with the O C Act While it creates a

potential constitutional issue of imposing an executive branch plan upon an act ofCongress in

frustration ofsuch legislation the Endangered Species Act allows the Secretary ofthe Interior

discretion to avoid the conflict Specifically the Act provides the Secretary discretion in the

establishment ofcritical habitat designations

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The Endangered Species Act calls for the Secretary to take into consideration the economic

impact the impact upon national security and any other relevant impact ofspecifying anyparticular areas as critical habitat The Secretary may exclude any area from critical habitat if hedetermines that the benefits ofsuch exclusion outweigh the benefits ofspecifying such area as

part ofthe critical habitat unless he determines based on the best scientific and commercial dataavailable that the failure todesignate such area as critical habitat will result in the extinction ofthe species concerned

The committee notes that the management objectives for Alternative 2 are tomaintain habitatfor the northem spotted owl and the marbled murrelet and to promote the development of

habitat for the northern spotted owl in stands that do not currently meet suitable habitat criteria

In its review ofAlternative 2 the committee notes the consistent concern for suitable habitat forthe owl Clearly if the Secretary has discretion regarding critical habitat he also has discretion

regarding suitable habitat and there is no inflexible legal mandate for inclusion ofthe O C in

owl recovery plans

Elimination oflate successional management areas from the O C lands under Alternative 2

would allow for a total land allocation to timber management of 1 562 000 acres This amounts

to some 6 ofthe 24 500 000 acres ofpublic forest within the range ofthe northern spotted owl

In the consideration ofthe impacts ofthe land allocation there have been some 20 million acres

ofpublic fore st dedicated to the development of suitable habitat for the spotted owl The

addition or deletion of 1 5 million acres would reasonably appear to amount tominimal impactone way or the other particularly in an area where owl populations are not declining

Under the existing scheme ofmanagement failure to adequately harvest timber under the O C

Act has necessitated Secure Rural Schools payments to the O C Counties in an annual amount

of 114 9 minion the BLM estimate ofthe BLM contribution to the total SRS payments These

SRS payments have been necessitated by inability ofthe particular counties to adequately fund

their public operations given an inadequate tax base brought about by the federal revestment of

the peculiar O C lands Providing or precluding an alternative funding base for these counties

would have profound fiscal impact on the counties in some extreme cases probably leading to

insolvency Providing or precluding an alternative funding base for these counties would have a

fiscal impact on the federal government ofnearly 115 million per year

The O C Act represents the satisfaction ofapeculiar moral dt bt ofthe federal government

acknowledged by the 9th Circuit Court ofAppeals occasioned by its revestment of large tracts of

private land back to federal ownership and their resultant removal from the counties tax base

Failure toprovide an alternative funding base for these counties would have aprofound impactupon the integrity ofthe federal government

Because ofthe profound impacts upon the fiscal stability ofthe counties and the profound impactupon the integrity ofthe federal government and because ofthe minimal impact upon the

northern spotted owl s potential for recovery the committee concludes that the elimination ofthe

late successional management areas from Alternative 2 is lawful and appropriate

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Return to Congressional Withdrawals

The committt e notes that the three action alternatives proposed in the WOPR all include a7allocation in favor ofthe National Landscape Conservation System an increase over the 3allotted to Congressional reserves under the NWFMP

The National Landscape Conservation System is acreation ofthe BLM under its generalmanagement authority under the Federal Land Policy and Management Act The committeenotes that the FLMP A by its terms is supplemental to the O C Act and would appear tooffer no

authority to the BLM to remove O C lands from their legislatt d purpose This reservation also

raises separation ofpowers issues similar to those which concern the committee about late

successional reserves

Harvest Type Selection

The committt e believes that is amistake toattempt to define a land use allocation in terms ofthe

type ofharvest to be implemented Again for best eco system results procedures for aparticularaction should be site specific and dictated by management policy rather than an abstract scheme

ofland use allocation

The committee also believes that the ratio ofthinning or selective harvesting to regenerationharvesting 444 mmbf6826 mmbf is beyond reasonable proportion The committee recognizesthat effective management ofDouglas firultimately requires regeneration but the committee

believes the public demands amore balanced approach The committee suggests that

determination ofthe type ofharvest in aparticular action ought tobe site specific and dictated byall relevant considerations It should not be incorporated in the land use designation

Fire Manag ment

The BLM has requested recommendations on How to increase the fire resiliency ofthe forests

in the Medford District and the Klamath Falls Resource Area ofthe Lakeview District The

WOPR acknowledges that ahistory offire exclusion and vegetative ingrowth has increased the

risk ofhigh severity fires and created a threat to fire resiliency in the Medford District

Accordingly the committee submits the following plan for incorporation into whatever

alternative

1 In view of the magnitude ofexposure in excess of400 000 acres immediately initiate a

series ofregeneration harvests strategically situated to function as firebreaks

2 Mitigate the risk associated with establishment stands alongside structurally complexstands by providing for understory fuel treatment ofadjacent structurally complex standswhen any regeneration harvest is undertaken and by widening the spacing utilized in

regeneration to reduce subsequent need for thinning

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3 Establish an intensive and on going program for comprehensive fuel treatment well in

excess ofthe 11 000 annual acres contemplated The 400 000 acres at risk should be

addressed within 5 years There should be no management activity undertaken without

coincidental fuel treatment There should be a consistent and aggressive agenda for

thinning or selective harvesting with attendant fuel reduction on lands not desirable for

their firebreak value

The committee notes the absence ofany consideration whatever to the utilization ofthe

new generation ofherbicides in the control of secondary growth This form oftreatment

is common across the landscape with commercial foresters is accomplished at a fraction

ofthe cost and is effective for twice as long The committee suggests it should be a tool

so far as the law allows along with prescribed burning and manualmechanical

manipulation according to the dictates ofthe particular site

4 Addnss the extreme risk offuel accumulations in structurally complex stands In the

region lightning is aprimary source ofignition and the accumulation ofvolatile fuels in

proximity to tall trees cannot be allowed

5 Implement aplan of sequential replacement ofregeneration firebreaks as early ones

mature

6 Provide for sequential thinning ofestablishment and young tree stands

7 Phase in prescribed burning only if and where the structurally complex stand has received

prior fuel treatment rendering it resilient to such treatment

8 A plan ofaggressive harvest consistent with sustained yield must be undertaken at once

to maximize the government s 25 share oftimber revenues taken for administrative

purposes This is necessary to fund the extraordinary cost ofcorrecting 13 years oflack

ofeffective management under the NWFMP

CONCLUSION

It is the recommendation ofthe Select Sub Committee that the Board ofCounty Commissioners

officially adopt this report as policy and plan for the utilization ofBLM lands within the County

It is specifically recommended that the Board ofCounty Commissioners officially reject the

WOPR as presented as adequate satisfaction ofthe BLM s legal and contractual obligationsunder the settlement agreement

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It is specifically recommended that the Board ofCounty Commissioners recommend to the BLMthe adoption ofAlternative 2 with the deletion of late successional management areas andNational Landscape Conservation System withdrawals with the incorporation of site specificdiscretion as to the form ofharvest determination and with adoption ofthe proposed fire

management plan as a controlling priority

Because ofJosephine County s peculiar standing as party plaintiff in BLM negotiations it isrecommended that the Board ofCounty Commissioners take care to preserve any and all legalrights accruing to the County in the proceedings

Respectfully submitted to the Josephine County Board of Commissioners this 12th day of

October 2007 by the following signatories ofthe Select Sub Committee ofthe JosephineCounty Long Term Task Force on County Funding

1J rL

MO

Lowe qbson

Cameron Krauss

If

Absent at SigningJack Shipley

Absent at SigningKevin Marr

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PRESS RELEASE

Josephine CountyBoard of County Commissioners

Adoption of the Policy regarding theWestern Oregon Plan Revision WOPR

On October 15 2007Josephine County Commissioners officially adopted the Report of theSelect Sub Committee ofthe Long Term Task Force on County Funding as policy and plan forthe utilization ofBLM lands within the County

The Board ofCounty Commissioners officially rejected the WOPR as presented by theBLM as being adequate satisfaction ofthe BLM s legal and contractual obligations underthe settlement agreement recommending instead that the BLM adopt a modifiedAlternative 2with the deletion ofboth late successional management areas and NationalLandscape Conservation System withdrawals together with the incorporation ofsite

specific discretion as to the form ofharvest determination andwith adoption ofthe

proposed fire management plans as a controlling priority

In consideration ofJosephine County s peculiar standing as party plaintiff in the BLMsettlement agreement negotiations the Board ofCounty Commissioners reserve andretain any and all legal rights accruing to the County in these proceedings

For information on the meeting call 541 474 5221

By signatures affirmed below the Board of County Commissioners officially adopts this

Report as policy and plan for the utilization of BLM lands within the County

The Board ofCounty Commissioners officially rejects the WOPR as presented as beingadequate satisfaction of the BLM s legal and contractual obligations under the settlement

agreement

The Board of County Commissioners recommend the BLM adopt a modified Alternative2 with the deletion ofboth the late successional management areas and National

Landscape Conservation System withdrawals together with the incorporation of site

specific discretion as to the form of harvest determination and with adoption ofthe

proposed fire management plans as a controlling priority

Inconsideration ofJosephine County s peculiar standing as party plaintiff in BLM

negotiations the Board ofCounty Commissioners herein reserve and retain any and all

legal rights accruing to the County in these proceedings

Done and Dated this 15th Day ofOctober 2007Board ofCounty Commissioners

Opposed ludDave Toler Vice Chair Dwight F Ellis Commissioner

COURTHOUSE

500 NW Sixth Street Grants Pass Oregon 97526 Phone 541 474 5221 Fax 541 474 5105

Josephine County is an affirmative Action Equal Opportunity Employer and complies with Section 504 ofthe Rehabilitation Act of 1973