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BILLY J. WILLIAMS, OSB # 901366 

United States Attorney 

STEPHEN J. ODELL, OSB # 903530 

Assistant United States Attorney 

steve.odell@usdoj.gov 

1000 S.W. Third Avenue, Suite 600 

Portland, OR 97204 

Telephone: (503) 727-1024 

Telefax: (503) 727-1117 

Of Attorneys for Defendants 

0 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

HOOD RIVER VALLEY RESIDENTS 

COMMITTEE, an Oregon non-profit 

corporation; MIKE MCCARTHY, individually; 

HOOD RIVER COUNTY by and through the 

BOARD OF COUNTY COMMISSIONERS OF 

HOOD RIVER COUNTY, an Oregon municipal 

corporation; & MT. HOOD MEADOWS 

OREGON, LLC, an Oregon LLC; 

CLACKAMAS COUNTY, by and through the 

BOARD OF COUNTY COMMISSIONERS OF 

CLACKAMAS COUNTY, a political 

subdivision of the State of Oregon, 

Plaintiffs, 

v. 

JIM PENA, Regional Director of Region 6 of the 

United States Forest Service; LISA 

NORTHROP, Supervisor, Mt. Hood National 

Forest of the United States Forest Service; 

THOMAS L. TIDWELL, Chief of the United 

States Forest Service; and the UNITED STATES 

FOREST SERVICE, an Administrative Agency 

of the United States Department of Agriculture, 

De endants. 

Case No.: 3:15-cv-01397-BR 

DEFENDANTS' NOTICE OF LODGING 

OF FIRST SUPPLEMENT TO THE 

ADMINISTRATIVE RECORD 

Case 3:15-cv-01397-BR Document 40 Filed 03/18/16 Page 1 of 5
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Pursuant to 5 U.S.C. Section 706, Defendants hereby give notice of their lodging with 

the Court this date their first supplement to the administrative record underlying the 

administrative tasks, activities, and constituent steps in which the agency has engaged to date 

to implement the congressionally directed and conditioned land exchange with Mt. Hood 

Meadows Oregon, LLC, pursuant to Section 1206 of the Omnibus Public Land Management 

Act of 2009 Pub. L. 111-11, the completion of which Plaintiffs seek to have this Court compel 

under 5 U.S.C. § 706(1) in the above-captioned action. The items comprising this first 

supplement to the record are materials that were inadvertently omitted from the first 

installment of the administrative record that Defendants previously lodged with the Court (Dkt. 

#31 ). Also, Defendants would again give further notice that, because Plaintiffs' remaining 

viable claim involves an alleged "unreasonable delay" to carry out one or more of what they 

assert to be "agency actions" under the Administrative Procedure Act, the administrative 

record does not have a "closing date," and therefore, Defendants will need to supplement the 

administrative record at least one more time as the Forest Service continues with its ongoing 

efforts to work with Plaintiff Mt. Hood Meadows and complete the land exchange. 

This first supplement to the administrative record upon which the Court is to carry out 

its review of Plaintiffs claim as well as the index to that supplement are being provided in 

electronic form on the disc enclosed in the attached plastic sheath. Defendants believe lodging 

of these supplemental record materials in this form is consistent with LR 100 insofar as such 

materials do not constitute attachments or exhibits, as referenced in LR 100-2, as well as the 

fact they are being lodged with the Court, not filed. Lodging of administrative record materials 

on disc is also consistent with the practice that federal agencies have regularly followed in this 

Court even after amendment of LR 100 in December 2009 in cases seeking judicial review of 

Page 1 - DEFENDANTS' NOTICE OF LODGING OF FIRST SUPP. TO ADMIN. RECORD 

Hood River Valley Residents Comm. v. Forest Serv., Case No. 15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 40 Filed 03/18/16 Page 2 of 5
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agency actions. See, e.g., Central Oregon Landwatch v. Connaughton, 6:13-cv-2027-AA (Dkt. 

# 53)(Dec. 18, 2013); Deer Ck. Valley Nat. Res. Conserv. Ass'n v. BLM, 6:12-cv-1596-CL 

(Dkt. # 13)(Dec. 3, 2012); Brown v. Vilsack, 3:1 l-cv-895-ST (Dkt. #IO)(Mar. 30, 2012); 

Oregon Nat. Res. Council Fund v. Connaughton, 1:5-cv-3004-PA (Dkt. #252)(Feb. 15, 2012); 

Downer v. U.S. Dep't of the Interior, 11-cv-816-SU (Dkt. # 18)(Dec. 27, 2011); ONDA v. 

BLM, 08-cv-1271-KI (Dkt. # 28)(0ct. 12, 2010); ONDA v. Freeborn, 06-cv-1311-MO (Dkt. # 

70)(June 15, 2010); Navickas v. Conroy, 10-cv-3004-CL (Dkt. # 1l)(June24, 2010). 

In conjunction with their lodging of the first supplement to the administrative record, 

Defendants are also electronically filing this same date the Declaration of Christopher D. 

Emmerich in which he certifies the contents of the supplemental materials so lodged. 

Respectfully submitted this 18th day of March 2016. 

nited States Attorney 

eys for Defendants 

Page 2- DEFENDANTS' NOTICE OF LODGING OF FIRST SUPP. TO ADMIN. RECORD 

Hood River Valley Residents Comm. v. Forest Serv., Case No. 15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 40 Filed 03/18/16 Page 3 of 5
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FOREST SERVICE'S 

SUPPLEMENTAL ADMINISTRATIVE RECORD 

FOR THE COOPER SPUR I Gov. CAMP LEX 

MT. HOOD NATIONAL FOREST 

USDA 

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03/17/2016 

Hood River Valley Residents Committee. et al. v. 

U.S. Forest Service, et al. 

3:15-cv-01397-BR (D.OR.) 

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Hood River Valley Residents C . 

U.S. Forest Se..,,;c omnuttee, et al. v. 3· ·., e, et al. - .15-cv-01397-BR (D.ORJ 

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Case 3:15-cv-01397-BR Document 40 Filed 03/18/16 Page 4 of 5
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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that I made service of the foregoing DEFENDANTS' NOTICE 

OF LODGING OF FIRST SUPPLEMENT TO THE ADMINISTRATIVE RECORD, as well as 

the single disc containing the materials comprising that supplement and the index thereto, that 

are enclosed in a protective plastic sheath attached to the notice, by causing a true copy of each 

of the foregoing items to be placed into the U.S. mail in Portland, Oregon, with postage paid for 

first-class delivery this 18th day of March 2016, to each of the following counsel of record: 

Ralph Bloemers 

Christopher G. Winter 

Crag Law Center 

917 S.W. Oak Street, Suite 417 

Portland, OR 97205 

Wilford K. Carey 

Victor V anKoten 

Annala, Carey, Baker, Thompson & VanKoten, PC 

PO Box 325 

Hood River, OR 97031 

Jonathan Radmacher 

J. Kurt Kraemer 

McEwen Gisvold LLP 

1100 S.W. Sixth Ave., Suite 1600 

Portland, OR 97204 

Stephen Madkour 

Clackamas County Counsel 

2051 Kaen Road 

Oregon City, OR 97045 

Legal Assistant 

Office of the United States Attorney 

Page 3 - DEFENDANTS' NOTICE OF LODGING OF FIRST SUPP. TO ADMIN. RECORD 

Hood River Valley Residents Comm. v. Forest Serv., Case No. 15-cv-1397-BR 

Case 3:15-cv-01397-BR Document 40 Filed 03/18/16 Page 5 of 5