CV 15-1585 FMO (JCx) Hearing Date: December 8, 2016 Hearing Time: 10:00 a.m. Courtroom: 22 Hon. Fernando M. Olguin STATEMENT OF UNCONTROVERTED FACTS Case 2:15-cv-01585-FMO-JC Document 74-1 Filed 11/10/16 Page 1 of 325 Page ID #:2308 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNDISPUTED FACTS DEFENDANT’S UNCONTROVERTED FACTS Fact # Statement of Fact Citation To Admissible Evidence Opposing Party’s Response to the Asserted Undisputed Facts Citation to Admissible Evidence Supporting the Party’s Assertion of the Disputed Fact D1 The mission of the USFS is carried out by means of a management philosophy devoted to the principle of balancing multiple uses of forest resources and which is designed to provide a wide variety of opportunities for outdoor activities and pursuits. 16 U.S.C. §§528-531. Undisputed D2 The administration of National Forests are contained in the Forest Service Manual (“FSM”), issued by the Forest Service’s central office in Washington, D.C. Travel management guidelines are found in Title 7700 of the FSM.

Occupancy Of The Field Of National Forest Land And Resource Planning And Management As outlined above, Congress has consistently and comprehensively charged the Secretary of Agriculture and Forest Service with the authority and duty to manage and protect the use and occupancy of the National Forests. Under this comprehensive congressional regime, the Secretary of Agriculture and Forest Service are directed, among many other things, to: 1) Make provisions “for the protection [of the National Forests] against destruction by fire” and governing “their occupancy and use,” 16 U.S.C. § 551; 2) Manage the National Forests under the Multiple-Use Sustained-Yield Act for multiple uses in the balance that the Forest Service determines will best meet the needs of the American people, 16 U.S.C. §§ 528-31; 3) Develop, approve, and implement Forest Plans under NFMA, each of which must “form one integrated plan for each unit of the National Forest System,” 16 U.S.C. § 1604(f)(1), and which must incorporate a host of standards and guidelines governing resource use and protection, including timber activities, e.g., 16 U.S.C. § 1604; Case 2:12-cv-00120-MCA-SMV Document 71 Filed 06/04/14 Page 38 of 50 36 4) Develop and approve actions implementing Forest Plans, ensuring that those actions are consistent with the management regime the Forest Service established in the Forest Plan, 16 U.S.C. § 1604(i); and 5) Reduce the risk of wildfire on National Forest System lands by planning and implementing fire hazard fuel reduction projects pursuant to HFRA, 16 U.S.C. § 6501 et seq. Under its power pursuant to the Property Clause, Congress has enacted a detailed and comprehensive legal regime, demonstrating congressional intent to occupy the field of National Forest System

In their attempt to distinguish NFMA from the O&C Act, Plaintiffs mischaracterize both, simultaneously minimizing the Forest Service’s mandate under NFMA to accommodate timber production and BLM’s discretion under the O&C Act to set the Allowable Sale Quantity (“ASQ”) for O&C lands. See, e.g., 16 U.S.C. § 528 (“the national forests . . . shall be administered for outdoor recreation, range, timber, watershed, and wildlife and fish purposes.”); The Lands Council v. McNair, 537 F.3d 981, 990 (9th Cir. 2008) (en banc) (“[I]t has never been the case that “the national forests were . . . to be ‘set aside for non- use.

16 U.S.C. § 1604(a). Such plans provide for multiple use and sustained yield of the products and services the National Forest System lands provide, and coordinate the production of outdoor recreation, timber, range, watershed, wildlife and fish, and wilderness. 16 U.S.C. § 1604(e)(1), 16 U.S.C. § 528. After a Forest Plan is developed, all subsequent actions must be consistent with it.

The national forests “are established and shall be administered” for the sustainable provision of multiple uses; viz., “outdoor recreation, range, timber, watershed, and wildlife and fish purposes.” 16 U.S.C. § 528. “Multiple use” allows for management of the various uses in the combination that will best meet the needs of the American people. 16 U.S.C. § 531(a).

Case 3:15-cv-00491-MMD-VPC Document 4 Filed 09/28/15 Page 9 of 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAVIS GRAHAM & STUBBS LLP ATTORNEYS AT LAW 50 W. LIBERTY ST., STE. 950 RENO, NEVADA 89501 (775) 229-4219 10   physical, biological, economic, and other sciences,” 16 U.S.C. § 1604(b), to consider both environmental and economic goals, 16 U.S.C. § 1604(g); 36 C.F.R. § 219.1(a), while taking into account the Nation’s needs for minerals, 16 U.S.C. § 528. The SFA withdrawal zones and travel restrictions in the NVLMP violate this multiple-use mandate based on faulty science and without meaningful consideration of economic goals or the Nation’s need for minerals.

Forest Service lands, which comprise most of the remainder of the withdrawal area, are also managed for ―multiple uses.‖ See 16 U.S.C. §§ 528-531 (Multiple Use-Sustained Yield Act of 1960). By contrast, the Proposed Intervenors‘ interests focus more narrowly on environmental and cultural resource protection of the Grand Canyon region.

. . 21 16 U.S.C. § 528 .

1. Managing National Forest lands to preserve wilderness values is lawful As an initial matter, the Service has longstanding authority to manage National Forest lands, including recommended wilderness areas, to protect them from development. This authority derives from the Service’s 1897 Organic Act, 16 U.S.C. §§ 472-82, 551, and the Multiple-Use Sustained-Yield Act (MUSYA), Case 9:15-cv-00148-DLC Document 49 Filed 05/24/17 Page 21 of 42 15 16 U.S.C. §§ 528-31 (1960). These statutes grant the Service “broad discretion to regulate the national forests, including for conservation purposes,” an authority not limited by the Wilderness Act or the National Forest Management Act.

(citation omitted), aff’d 127 F.3d 80 (D.C. Cir. 1997). This Congressional deference to the States in the field of wildlife management on National Forest System lands is codified in the Multiple-Use Sustained-Yield Act of 1960 (“MUSYA”), 16 U.S.C. §§ 528-531, and the Federal Land Policy and Management Act of 1976 (“FLPMA”), 43 U.S.C. §§ 1701-87. See Andrus, 627 F.2d at 1248-50.