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The relevant section of FLPMA for water resources requires that "[e]ach right -of -way <br />shall contain (a) terms and conditions which will (i) carry out the purposes of this Act," <br />in order to "minimize damage to scenic and aesthetic values and fish and wildlife habitat <br />and otherwise protect the environment; . . ." (Section 505, 43 U.S.C. 1765). FLPMA <br />describes the outcomes of water resource management, not the means. The means of <br />achieving the outcomes should be defined at the project level and should be determined <br />through cooperation consistent with statutory direction. <br />Because standard 12, standard 135, and guideline 136 prescribe the means for completing <br />with section 505 of FLPMA they exceed the scope of direction required by the 2001 <br />discretionary review. (e.g. return and/or maintain sufficient stream flows.) <br />Instruction <br />Based upon the forgoing clarification, I instruct that Forest Plan Standards in the Revised <br />Plan be changed to comply with Section 505 of FLPMA and 26 CFR 251.56. <br />I instruct that standard 12 (ST) for Water Resources on page 13 of the Revised Forest <br />Plan be changed to read: <br />" 12.(ST) Cooperate with state, tribal and local governments, holders of water <br />rights, and other interested parties to manage water resources to minimize damage <br />to scenic and aesthetic values, fish and wildlife habitat, and to otherwise protect <br />the environment." <br />I further add the instruction that standard 135 and guideline 136 for Managing for <br />Recreational Users on page 34 of the Revised Forest Plan be changed to read: <br />135.(ST) Generally, Standard 12 provides for most recreation - related water uses, <br />but additional water may be needed for special recreational features and heavy - <br />use recreational areas. Cooperate with state, tribal and local governments, holders <br />of water rights and other interested parties to maintain enough additional water in <br />associated streams to sustain the water - dependent recreational values. A <br />preliminary assessment identified the key areas where these values exist and they <br />are shown in Table 1.16. Additional areas may be identified during plan <br />implementation. <br />136.(GL) Cooperate with state, tribal and local governments, holders of water <br />rights and other interested parties to protect instream flows at outstanding <br />recreation features. Such features include, but are not limited to, designated /study <br />wild, scenic, or recreational rivers, stream segments used for commercial boating, <br />or segments having developed recreation sites or vistas; or national <br />recreation/historic /scenic trails of scenic byways from which the segment(s) is <br />visible in the foreground or middle ground. Protection of water quality and <br />quality is vital to recreation experiences. See Table 1.16. Bypass flow and <br />0 <br />