23G

• Board Meeting Date: 4/30/2004
• Description: 23G
• Board Meetings - Doc Type: Executive Session

directing only that the determination should be "[b]ased on an analysis of the
objectives, guidelines, and other contents of the forest plan." 36 C.F.R. §
219.10(f). However, as a general matter we review such an agency detelinination
only as to whether it is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law. 5 U.S.C. § 706(2)(A).... Further, in this case the
regulation expressly commends the determination of the significance of an
amendment to the Forest Supervisor's judgment. 36 C.F.R. § 219.10(f).
Cargill, 11 F.3d at 1547.
Here, the Forest Service considered whether the proposed amendment would impact Forest Plan
objectives and management prescriptions in determining that the proposed amendment was not
significant. (See AR -G at 2301A.) The Forest Service reasoned that the amendment would have
a relatively short time frame since the entire plan was due for revision within one or two years.
Id. While Plaintiffs argue the amendment must be significant because of its impact on the 1.2
mile segment of La Poudre Pass Creek, the Forest Service observed that the amendment would
impact a small area relative to the size of the overall planning area. The Forest Service also
found that the change brought about the amendment would not affect any Forest Plan objectives
or outputs nor affect management area prescriptions. Id. Moreover, the Forest Service has the
authority to amend a Forest Plan to allow a project to go forward. See Citizens Committee to
Save Our Canyons v US. Forest Service, 297 F.3d 1012 (10` Cir. 2002). Applying the proper
deferential standard, this Court cannot say that the Forest Service acted arbitrarily and
capriciously in treating the proposed forest plan amendment as a non - significant change or in
ultimately amending the plan to allow for implementation of Alternative B.
F. WILD AND SCENIC RIVERS ACT
Plaintiffs allege that the Defendants' decision to grant the Long Draw Easement without
terms and conditions requiring the maintenance of minimum bypass flows to the La Poudre Pass
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