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Appendix C – Compliance with Laws, Regulations and 

Executive Orders

The National Environmental Policy Act (NEPA), 1969 – NEPA establishes the format and content 

requirements of environmental analysis and documentation. Preparation of the Hwy 46 FEIS was 

prepared in full compliance with these requirements.

The National Forest Management Act (NFMA), 1976 –All proposed timber harvest units are planned 

to occur on suitable land. If regeneration harvest is implemented the sites would be capable of restocking 

within 5 years of harvest by either natural or artificial means. Proposed commercial thinning would 

increase the rate of growth of remaining trees. Some locations would favor species or age classes most 

valuable to wildlife. The resultant reduced stress on residual trees would make treated stands less 

susceptible to pest-caused damage. Design features have been identified to protect site productivity, soils, 

and water quality.

The burning of activity fuels would reduce long-lasting hazards from wildfire and reduce the risk of pest 

outbreaks over the project area as a whole. Air quality would be maintained at a level that would meet 

applicable Federal, State, and local standards. All proposed activities would provide sufficient habitat to 

maintain viable populations of fish and wildlife. Critical habitat for threatened or endangered species 

would be protected through avoidance. The action alternatives would accelerate development of forest 

habitats that are currently deficient within the analysis area to enhance the diversity of plant and animal 

communities in the long-term. See discussions under the applicable resource sections above, for further 

support that proposed activities that would comply with the seven requirements associated with vegetative 

manipulation (36 CFR 219.27(b)), riparian areas (36 CFR 219.27(e)), and soil and water (36 CFR 

219.27(f)).

Forest Plan Consistency – Actions analyzed in the Hwy 46 FEIS are consistent with a broad range of 

Forest Plan Standards and Guidelines that have been discussed and disclosed throughout the document. 

The timber stand treatments associated with the project are consistent with the goals and management 

direction analyzed in the Willamette National Forest Land and Resource Management Plan FEIS and 

Record of Decision. Road improvements are designed to be consistent with the 1994 Northwest Forest 

Plan amendments to the Forest Plan and the Aquatic Conservation Strategy objectives.

Northwest Forest Plan Aquatic Conservation Strategy - The Aquatic Conservation Strategy (ACS) is 

an integral part of the Northwest Forest Plan and was developed to maintain and restore the ecological 

health of watersheds and aquatic ecosystems on public lands through implementation of four components: 

1) riparian reserves 2) key watersheds 3) watershed analysis 4) watershed restoration. Based on the 

analysis presented in this FEIS and Appendix E, the ACS Objectives would be met in each alternative.

The Preservation of Antiquities Act, June 1906 and the National Historic Preservation Act, as 

amended, October 1966 – Section 106 of the National Historic Preservation Act (NHPA) of 1966 

(amended in 1976, 1980, and 1992) is the foremost legislation governing the treatment of historic 

properties (a.k.a. heritage or cultural resources) during project planning and implementation. Other legal 

framework considered the effects of its actions on heritage resources is listed below:

36 CFR800 (Protection of Historic Properties), 

36 CFR 63 (Determination of Eligibility to the National Register of Historic Places), and 
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36 CFR 296 (Protection of Archaeological Resources), and

Executive Order 13007 – Sacred Sites

The 1995 Programmatic Agreement (PA) among the USDA Forest Service PNW, the Advisory Council on 

Historic Preservation, and the Oregon State Historic Preservation Officer (SHPO) Regarding Cultural 

Resource Management in the State of Oregon by the USDA Forest Service, (amended in 2004), provides 

a process by which the Forest Heritage Specialist may certify that the Forest has complied with Section 

106 of NHPA for the project.

In accordance with this PA, an appropriate inventory was conducted during the summers of 2013, 2014 

and 2015. All known cultural sites in the Area of Potential Effect (project area) were protected by 

avoidance, resulting in a determination of “No Historic Properties Affected” on December 28, 2016. 

Documentation was provided by SHPO and copies have been retained in the Forest and District Heritage 

files.

Clean Air Act Amendments, 1977 – The alternatives are designed to meet the National Ambient Air 

Quality Standards through avoidance of practices that degrade air quality below health and visibility 

standards. This project is consistent with by the 1990 Clean Air Act and the 1977 Clean Air Act and its 

amendments (See Chapter 3.2 and 3.12).

The Clean Water Act, 1987 – This act establishes a non-degradation policy for all federally proposed 

projects. Compliance with the Clean Water Act would be accomplished through planning, application and 

monitoring of Best Management Practices (BMPs). Based on the analysis presented in this FEIS, TMDL 

requirements for the Breitenbush River Basin would be met in each alternative (See Chapter 3.4).

The Endangered Species Act (ESA), December 1973 – The ESA establishes a policy that all federal 

agencies would seek to conserve endangered and threatened species of fish, wildlife and plants. 

Biological Evaluations for plants and wildlife have been prepared, which describes possible effects and 

impacts of the proposed action on sensitive, and other species of concern that may be present in the 

project area. A Biological Assessment (BA) was prepared for the northern spotted owl, and for spring 

Chinook salmon. 

Endangered Species Act (ESA) formal consultation with the USFWS for the Northern Spotted Owl was

completed in 2017 and evaluated by the USFWS. The Biological Assessment for Willamette Planning 

Province of Oregon for FY 2018 LAA Projects within the Willamette National Forest with a Potential to 

Modify Habitat and/or Disrupt Northern Spotted Owls of LAA Projects with the Potential to Modify the 

Habitat and/or Disrupt Northern Spotted Owls – Willamette Planning Province – FY 2016/17 was used to 

determine effects. A biological assessment was submitted August 1, 2017 and a biological opinion was 

signed August 31, 2017 which includes the Hwy 46 project. This project would need to be completed 

prior to a final decision notice being signed for this project. The determination expected to be made in the 

Biological Assessment for the Hwy 46 project, which would be completed and concurrence received from 

the USFWS prior to the final decision notice is signed, is this project may affect and is not likely to 

adversely affect spotted owls by disturbance.

Upper Willamette River spring Chinook salmon are listed as threatened on the Endangered Species list. 

This species occurs in the Breitenbush River. This analysis found that the Hwy 46 Project “may affect, not 

likely to adversely affect” Upper Willamette spring Chinook salmon. In order for the Forest Service to 

obtain authorization we must conduct consultation with the fish agencies under Section 7 of the ESA.

Magnuson-Stevens Fishery Conservation and Management Act, 1976 (MSA) – The MagnusonStevens Fishery Conservation and Management Act (MSA) requires the identification of habitat 
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“essential” to conserve and enhance the federal fishery resources that are fished commercially. The 

Pacific Fishery Management Council (PFMC) designated Essential Fish Habitat (EFH) for Chinook, 

coho, and Puget Sound pink salmon in their Amendment 14 to the Pacific Coast Salmon Plan, issued 

September 27, 2000. The interim final rule implementing the EFH provision of the MSA (62 FR 66531) 

requires federal agencies to consult with the National Marine Fisheries Service for any action that may 

adversely affect EFH. 

Essential fish habitat under the Magnuson-Stevens Fishery Conservation and Management Act is 

designated in all areas except above impassible dams (Big Cliff and Detroit Dams), and natural migration 

barriers. The Magnuson-Stevens Fishery Conservation and Management Act reauthorization in 1996 

established a new requirement for essential fish habitat that requires Federal agencies to consult with the 

National Marine Fisheries Service on activities that may adversely affect essential fish habitat. Essential 

fish habitat for the Pacific coast salmon fishery means those waters and substrate necessary for salmon 

production needed to support a long-term sustainable salmon fishery and salmon contributions to a 

healthy ecosystem. The species designated in the Breitenbush River is spring Chinook salmon.

Technically the Breitenbush River upstream Big Cliff and Detroit Dams is not considered EFH but since 

reauthorization of the act the USACE has constructed an adult fish collection facility and is actively 

transporting Chinook salmon above the dam. Therefore, we treat the Breitenbush upstream of Detroit 

Dam as EFH. This project would not adversely affect EFH because of the no cut buffers we established 

along EFH fish bearing streams, project design elements, and the implementation of Best Management 

Practices (BMPs).

Federal Mine Safety and Health Act of 1977, Public Law 91-173, as amended by Public Law 95-164.

Development of Rock Quarries would conform to the requirements of the act, which sets forth mandatory 

safety and health standards for each surface metal or nonmetal mine. The purpose for the standards is to 

protect life by preventing accidents and promoting health and safety.

Inventoried Roadless Areas and Wilderness – All treatments in the IRA would maintain and meet the 9 

roadless area characteristics in CFR 294.11 Best Management Practices and Design Elements would be in 

place to protect: soil, water, and air; plant and animal communities and habitat for TES species; classes of 

recreation and landscapes; cultural properties and unique areas.

Alternative 2 and 3 would have temporary adverse effects due to increased noise during harvest activity. 

There are no direct benefits to Wilderness from any of the proposed alternatives.

Prime Farmland, Rangeland, and Forestland – No prime farmland, rangeland, or forestland occurs 

within the project area. 

Survey and Manage Species – The action alternatives comply with the Northwest Forest Plan as 

amended by the 2001 Record of Decision and Standards and Guidelines for Amendments to the Survey 

and Manage, Protection Buffer, and other Mitigation Measures Standards and Guidelines. Pre-disturbance 

surveys were conducted and site management applied consistent with the January 2001 species list. 

Management Indicator Species (Aquatic) – The Willamette Forest Plan recognized anadromous and 

resident salmonids as economically important species and designated them as management indicator 

species for riparian habitat and water quality. The most common salmonid sport fish that occurs on the 

Detroit Ranger District is coastal cutthroat trout. The Hwy 46 project would maintain and improve habitat 

conditions for aquatic Management Indicator Species in the project area. Therefore, the Hwy 46 project 

would not contribute to a negative trend in viability of this species. 
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Management Indicator Species (Terrestrial) – The Willamette Forest Plan recognized elk and deer as 

economically important species that are commonly hunted, and designated them as management indicator 

species for winter range. Designated management indicator species for old growth and mature conifers 

are pileated woodpecker, marten, and northern spotted owl. The bald eagle was selected as a management 

indicator species for old growth conifers near large bodies of water, and the peregrine falcon was selected 

as a management indicator species for cliff nesting habitat. The Hwy 46 project would maintain habitat 

conditions for elk, deer, pileated woodpeckers, marten, bald eagles and peregrine falcons in the project 

area. The Hwy 46 project would not contribute to a negative trend in viability for any of the terrestrial

wildlife management indicator species. 

Executive Orders 11988 and 11990: Floodplains and Wetlands – Executive Order 11988 requires 

government agencies to take actions that reduce the risk of loss due to floods, to minimize the impact of 

floods on human health and welfare, and to restore and preserve the natural and beneficial values served 

by floodplains. Proposed harvest treatments would not occur within 100-year floodplains. Executive 

Order 11990 requires government agencies to take actions that minimize the destruction, loss, or 

degradation of wetlands. Streamside riparian areas, seeps, springs, and other wet habitats exist in the 

project area. These areas would be either avoided, or managed according to the amended Willamette 

Forest Plan Standards and Guidelines. Riparian Reserves would also be protected with design features. As 

a result, proposed treatments would be consistent with Executive Orders 11988 and 11990.

Executive Order 12898: Environmental Justice – Executive Order 12898 requires that federal agencies 

adopt strategies to address environmental justice concerns within the context of agency operations. With 

implementation of either action alternatives, there would be no disproportionately high and adverse 

human health or environmental effects on minority or low-income populations. Nearby communities 

would mainly be affected by economic impacts connected with contractors implementing harvest, road 

reconstruction, tree thinning, planting, and other fuels treatment activities. Racial and cultural minority 

groups could also be prevalent in the work forces that implement activities. Contracts contain clauses that 

address worker safety.

Executive Order 12962: Recreational Fishing – The June 7, 1995, Executive Order requires 

government agencies to strengthen efforts to improve fisheries conservation and provide for more and 

better recreational fishing opportunities, and to develop a new policy to promote compatibility between 

the protection of endangered species and recreational fisheries, and to develop a comprehensive 

Recreational Fishery Resources Conservation Plan. Proposed activities in the project area would promote 

the restoration of riparian function in stands in corridor and headwater aquatic reserves and to develop 

additional large wood to stream reaches that currently lack adequate amounts. This would improve fish 

habitat and would provide better future fishing opportunities for the public.

Executive Order 13186: Migratory Birds – Migratory birds are protected under the Migratory Bird 

Treaty Act of 1918 (16 U. S.C. 703-704). The U.S. Fish and Wildlife Service is the lead federal agency 

for managing and conserving migratory birds in the United States. However, under Executive Order (EO) 

13186, all federal agencies are charged with the conservation and protection of migratory birds. A 

Memorandum of Understanding (MOU 2008) between the Forest Service and U.S. Fish and Wildlife 

Service requires, during NEPA planning, that the FS, to the extent practical, evaluate and balance longterm benefits of projects to migratory birds against any short- or long-term adverse effects. It also requires 

the FS to consider approaches, to the extent practical, for identifying and minimizing take of migratory 

birds that is incidental to otherwise lawful activities. Region 6 has compiled some information to assist 

biologists in disclosing effects to avian species during NEPA planning (Forest Service and Bureau of 

Land Management 2013). Effects to FS sensitive birds, federally ESA listed birds, birds that are 

Management Indicator Species and migratory bird species that have been identified by USFWS as 
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Species of Conservation Concern in the Northern Pacific Forest (USFWS 2008) and that have habitat in 

the proposed treatment units are addressed in Chapter 3. 

Seasonal restrictions are recommended in the Hwy 46 design features (Table 13) on specific units to 

protect owls. This would minimize disturbances to nesting migratory birds and reduce the likelihood of 

harm to individual birds. Design features to retain existing snags where possible, and to retain live trees, 

create snags, and fall trees for dead wood sources would provide structural features migratory birds would 

use. 

Executive Order 13443: Facilitation of Hunting Heritage and Wildlife Conservation – August 17, 2007, 

Executive Order requires Federal agencies “to facilitate the expansion and enhancement of hunting 

opportunities and the management of game species and their habitat.” The proposed creation and 

enhancement of early seral habitat in both action alternatives in the project area would improve forage for 

game species and provide better hunting opportunities for the public.

Other Jurisdictions – There are a number of other agencies responsible for management of resources 

within the project area. The Oregon Department of Fish and Wildlife is responsible for management of 

fish and wildlife populations, whereas the Forest Service manages the habitat for these animals. The 

Oregon Department of Fish and Wildlife has been contacted regarding this analysis and Nancy Taylor, a 

biologist with the agency, has participated in early collaboration and has attended public field trips.

Proposed harvest treatments within riparian areas have been designed to comply with “Sufficiency 

Analysis for Stream Temperature – Evaluation of the adequacy of the Northwest Forest Plan Riparian 

Reserves to achieve and maintain stream temperature water quality standards” (USDA Forest Service and 

USDI BLM, 2004). This document was prepared in collaboration with Oregon Department of 

Environmental Quality and United States Environmental Protection Agency to provide documentation of 

Northwest Forest Plan compliance with the Clean Water Act with regard to state water quality standards 

for stream temperatures. As such, it redeems several of the Forest Service responsibilities identified in a 

“Memorandum of Understanding between USDA Forest Service and Oregon Department of 

Environmental Quality To Meet State and Federal Water Quality Rules and Regulations” (USDA Forest 

Service and Oregon DEQ, May 2002). The Sufficiency Analysis provides current scientific guidance for 

management of riparian vegetation to provide effective stream shade, including appropriate methods of 

managing young stands for riparian objectives other than shade, such as production of large wood for 

future recruitment.

Oregon Department of Environmental Quality and the Oregon Department of Forestry are responsible for 

regulating all prescribed burning operations. The USDA Forest Service Region 6 has a Memorandum of 

Understanding with Oregon Department of Environmental Quality, Oregon Department of Forestry, and 

the USDI Bureau of Land Management regarding limits on emissions, as well as reporting procedures. All 

burning would comply with the State of Oregon's Smoke Management Implementation Plan and, for 

greater specificity, see the memorandum of understanding mentioned above.

The project area includes portions of the Breitenbush River and the South Fork Breitenbush River which 

have been determined to be eligible for inclusion into the national Wild and Scenic River System. Until 

suitability is determined, the area within 1⁄4 mile on either side of the Breitenbush River is to be managed 

to meet Wild and Scenic River (Recreation) Standards and Guidelines as outlined in Management Area 6c

in the Willamette National Forest Land and Resource Management Plan (1990). The actions proposed in 

Alternatives 2 and 3 will not jeopardize the eligibility of either the Breitenbush River or South Fork 

Breitenbush River for inclusion in the national Wild and Scenic River System.
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Energy Requirements and Conservation Potential – Some form of energy would be necessary for 

projects requiring use of mechanized equipment. Commercial thinning and some partial cutting units 

would involve both heavy and small machines for yarding logs during the implementation period. 

Projects such as road reconstruction and maintenance could require heavy machinery for a small amount 

of time. Both possibilities would result in minor energy consumption. Alternatives that harvest trees could 

create supplies of firewood as a by-product, which would contribute to a supply of energy for the local 

community for home heating.