Final Draft, 2/7/95 (3:00 p.m

MOA is 13.19

Saman with the require

commitment of the signstory parties to con

existing environmental law wälle marying out the

of the timber selvega related netivities authorized by Public Law 104-19. - Ta
ommitment, the parties to build upon on-going efforts to
savirorupental analysis and interagency consultation and cooperation.

The URDA Porest Service and USDI Bureau of Land Management

possible for

providing a full range of social, economie, and environmeal benefits from publicly owned ources using na coesystem approach. The USTII Fish and Wildlife Service, USDC Marine Fisheries Servics and US Environmental Protection Agency kis responsible ing assistanos to, consultation and coordinating with, the】 Service and

f Land Management under the Endangered Species Acc ́of 1973 (REA), National' satinental Policy Act of 198 QUPA) and other environm

NOW, THEREFORE

THE PARTIES AGREE TO:

Comply with previously existing environmental laws, except where expressły
feited by Public Law 104-19, notably in the areas of administrative appents and
review. In particular, the parisë agres vo impiamant mivage misˇunder
Law 104-19 with the same mobstantive environmental protection as provided by
therwis applicable environmental laws and in accordance with the provisions of this
MOA.

Achieve in the maximum extent feasible a mivage timber szis valume level above the program level in accordance with Public Law 104-19 within a framework of salutaining forest health and ecosystem management. Adham to the standards and guidelines in apptiemble Forest Plans and Land Use Plans and their amendments and elated conservadon strategies including, but aer limited to, Western Forest Health

and those sundards and guidelines adopted as part of the President's Fémest the Pacific Northwest, PACFish, INFish, and Red-cockaded Woodpecker Suangy, as well as the guidelines contained in the NRAPS biological Enaka River Basin LRMPs through the interagency teas, approx

y-31, 1995, agreement on streamlining consultation procedu.

vili diraes their level

two teams

stained in the NMFS biological opinion

desi appropdate to protect

apply the goals, objectiv

the Sanka Rivas')) adromous fish habins

publis early in the process that there is an opportunity to provide input into the development of mivage sales, particularly in recognition of the importance of publie involvement given the prohibition to administrative appeals contained in Public

Law 104

Final Draft, 8/7/95. (3:00 p.m

13, Mainmain and promom collaboration

· federal, Tribal, State and

their commitments in work together from the beginning of the y

in salvage sale design, building on existing joint memoranda whic consultation procedures under Section 7 of the Endangered Species Act Including the following two agreements, other spplicable agreements, and rovements thereon.

The May 31, 1995, agreement on streamlining consultation procedures
unction 7 of the Endangered Species Act, between USDA Forest Servic
Regional Foresters of Ragions 1,4,5, and 6, USDI Bureau of Land
Management Stam Directors for Oregon/Washington, Idaho, and California,
JEDI Fish and Wildlife Service Regional Director, and USDC National
Fisheries Service Regional Directors,

The March 8, 1995, agreement on consularen time lines and process
streamlining for Fares Health Projects, between the Chic of the USDA
Forest Service, Director of USD! Bureau of Land Management, Director of
National Marine Fishades Service, and Director of the Fish and Wildlifs
Service. In the event that disagreements cannot be resolved at Level 3 of the
process, a panel consisting of an appropriate representative of the Fores
Service, Bureau of Land Management, National Marine Fisheries Servies, and
Fish and Wildlife Service will review the evidence and make a binding
sision within 14 days of notice of the disagreement.

The March 8, 1995, agreement on consultation timelines and process
streamlining will apply nationwide,

Ensure that personnel from their respective agencies work cooperatively and profesdonally to faithfully implement the objectives of Public Law 104-19 and Executive Branch direction in a timely manner. Interagency disputes will be quickly elevated in the next level of agency responsibility for resolution. In this regard, agencies agres to cominually monitor and evaluate the success of coordination and collaboration ar every level,

The parties agree to conduct project analyser and interagency coordination consistent with NEPA and BŠA in a sombired joint avdronmental assessment (RA) and biological evaluation (RE) culled for in Public Law 104-19, except where it is more timely to sua existing documents. There will be a scoping period priòr to all salvage projects described in agency guidelines. Salus that would currently fall widzia a categorical exclusion promulgated by the U.S. Parast Service or Bureau of

7.

| Drit, 8/7/95 (3:00 p.m

Land Management in their NEPA procedures will aequired no documesini
NEPA absent murzordinary circumstances. For galus that would normally
BA
and management agencias NEPA proseduras, agencies will y
combined BA/BE, including a determination of xffact under 2ŠA :

20 days of public review and comment, For sales that
ETS under the land management agmaier' NEPA pézoni

i will include an.

« with section 102(2)(c) of NAPA the mase anziyms as normally for these mies and will be elsesland for 30 days of public zuview and land mane ment agencies will respond to asbstantive comment but will not be required is raciresizie a čizal EA.

use a process which

programs

view

mis, thus allowing other agansies

nia issues and to help set pelarities for allocation of their resouros

the BA/B.

chude mitigasan nands identified in the environmenimi angegnent in timber mis design to the extent posthis within existing authority. Funds will be priocistand for mitigation Included in the timber mla

lemanadon of timber sales prepared pursant is this MOA hard upon the
vement of the goals set forth in this MOA.

10. ·

eer and evaluate timber suis objectives

12.

mbed in Forest Plans,

nivage males and the mivage program
and agency direction. Publie and sinkokelder involve in monitoring
evaluadon will be encouraged. Theme will be a national salvaga ping
lavolving regions and States with significant activity under this Act.

ognise and the definition of salvage as contained in Public Law 184-19 which
lumber "for which an important muson for satry includes the removal of disease or
mcr-infested trees, dead, damaged, or down trees, or trees affected by fus or
mminently susceptible fire or insect attack." This definition allows for treating
nes or trees lacking the characteristics of a hanitry and viable ecosystem
pass of ecosystem hope
rehabilitation as long as a viabi
exists. While this defini
fability to z

ovides

ara myzz be taken to avaid sbuse by } with current environmenmi laws and his MOA.

12.

and awarded subje

been prepared, adv

y 27, 1995, shall be Public Law 104-IS. I and avaried is

Final Draft, 9/7/95 (3:00 p.m

December 31, 1996, will be subject to the provisions of Section 2001 of Pubile Law 106-19, and these sales shall not be subject zo adindinistrative appesis in accordance with this law.

This Memorandum of Agreement is bazended only to improve the internal management the Federal Government and does not create any right or deneja, zubwera've ar pracadural, enforceable at law or equity by a party agaian the United States, is agenciaa instrumentalities, in affisent or employees, or any other persen,