Oregon. Department of State Lands. June 7, The Honorable Peter Courtney President of the Senate 900 Court Street NE, S-201 Salem OR 97301

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1 Oregon Kate Brown, Governor Department of State Lands 775 Summer Street NE, Suite 100 Salem, OR (503) FAX (503) State Land Board June 7, 2017 The Honorable Peter Courtney President of the Senate 900 Court Street NE, S-201 Salem OR Kate Brown Governor Dennis Richardson Secretary of State Tobias Read Dear President Courtney: State Treasurer In a unanimous decision on May 9, 2017, the State Land Board agreed to proceed with a plan to maintain the Elliott State Forest in public ownership. At this meeting, and in support of this decision, Governor Brown directed the Department of State Lands (DSL) to move forward with work on the development of a plan that will advance public ownership for the Elliott State Forest, decouple the Forest from the Common School Fund (either through a trust land transfer or other financial means), and continue habitat conservation planning to protect species and allow for harvest off of the Forest. Additional direction to the Department included the following components: The development of a bond proposal to include up to $100 million in state bonding capacity to protect high value habitat, including riparian areas, steep slopes, and old growth stands. Advancing the federal Endangered Species Act Habitat Conservation Plan (HCP) framework developed in consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to establish conservation and mitigation measures that meet the biological needs for the Elliott's native and listed species. Collaboration with the Oregon State University (OSU) College of Forestry to potentially establish the Elliott as a research forest to study the relationship between active forest management and the conservation of the forest's diverse species and habitats; and exploration of the possibility of providing OSU an option to purchase the property in the future (see Attachment A). Continued work with sovereign tribal governments to explore ownership or additional forest management opportunities. Exploration of a possible land exchange with the federal government, for lands that can be managed for the primary purpose of generating revenue to meet the school trust lands mandate. In order to implement this direction, DSL will be requesting additional agency resources towards the Governor s Recommended Budget for the Department. The following is an itemized summary of the budget limitation needed in the biennium to implement this direction. This would be in the form of other funds, supported by Common School Fund resources: 1 FTE, Policy Analyst 4 position: $213,240 ½ FTE, Admin Specialist 2 position: $59,256

2 The Honorable Peter Courtney June 7, 2017 Page 2 of 2 3 rd -party facilitator, professional services: $100,000 (for Stakeholder Advisory Board) Habitat Conservation Plan development, led by the Oregon Department of Forestry: - $2,294,346 for 11.0 FTE, 18 months - $800,000 for Environmental Impact Statement development (3 rd -party contract) Custodial forest management contract: $1,608,930 - $845,405 for FY $763,525 for FY 2019 (excludes the one-time reforestation work in FY 2018) Fire protection assessment fees: $608,000 (estimated) Total cost = $5.684 million These resources will support the work needed to collaborate with the state agencies, federal agencies, and other entities likely to be involved in the development of the public ownership plan and the utilization of up to $100 million in state bonding capacity towards this purpose. This will also support the custodial management of the forest while the Department is working through the process to determine the long-term disposition of the Forest. Attached to this letter are public statements of support and commitments of involvement from a number of public entities that will be collaborating with the Department in this work during the next biennium and beyond (Attachment A through D). The Department is fully committed to the implementation of this State Land Board direction, and the work that would be initiated during the biennium utilizing the additional resources requested. Please let me know if you have any questions, or if there is any additional information that would be helpful. Regards, James T. Paul Director Attachments cc: The Honorable Kate Brown, Governor The Honorable Dennis Richardson, Secretary of State The Honorable Tobias Read, State Treasurer The Honorable Tina Kotek, House Speaker The Honorable Fred Girod, Co-Chair, Joint Committee on Ways & Means Subcommittee on Capital Construction The Honorable Paul Holvey, Co-Chair, Joint Committee on Ways and Means Subcommittee on Capital Construction The Honorable Jennifer Williamson, House Democratic Leader The Honorable Richard Devlin, Oregon State Senator The Honorable John Huffman, Oregon State Representative The Honorable Greg Smith, Oregon State Representative Matt Stayner, Legislative Fiscal Office Amanda Beitel, Legislative Fiscal Office

3 ATTACHMENT A

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5 ATTACHMENT B Oregon Department of Forestry Memorandum To: Department of State Lands Director Jim Paul From: Oregon Department of Forestry State Forester Peter Daugherty Date: June 05, 2017 Subject: Development and Finalization of an Elliott Habitat Conservation Plan This memorandum describes the Oregon Department of Forestry (ODF) commitments related to the development of an Elliott State Forest Habitat Conservation Plan (HCP). The HCP is a longterm plan that complies with the Endangered Species Act (ESA) and supports the conservation of threatened and endangered species while providing assurances that the land manager can perform the management responsibilities that provide revenue for the Common School Fund (CSF) over the long term. A Forest Management Plan would eventually be needed to govern other activities such as complying with air quality standards, protecting cultural resources, providing recreation and other social benefits. Approach Unless and until the mandate for managing the Elliott changes, ODF assumes the forest will be managed as a multi-use working forest with expectations to generate revenue to the Common School Fund after management costs have been reimbursed. An estimate of CSF-funded expenditures associated with negotiating and finalizing an HCP is attached. A more accurate estimate will be produced once the scope of work is defined. The estimate assumes ODF will lead, direct, and conduct the work to finalize the HCP consistent with forest and landscape conditions on the Elliott and the mandates for managing the forest in a working forest context. ODF will explore the use of contractors for part or all of the work products needed to acquire the HCP. Necessary expertise for this work includes aquatic and terrestrial habitat conditions; biologic life histories of listed species; trends in northern spotted owl, marbled murrelet, and coho populations; watershed and riparian functions; geographic information systems; data collection, management, and analyses; silviculture; harvest and habitat modeling; technical writing; project management; communications and outreach specialist; and coordination between tribes, federal, and state sister agencies. ODF commits to the following actions ODF staff bring expertise in managing public forests and specifically the Elliott State Forest and a long-standing history of working with the federal services on two previous efforts to attain an HCP as well as the recent HCP framework that was presented to the State Land Board on May 9, Memo to DSL for 2017 HCP/FMP Page 1

6 2017. These efforts increase the potential for a successful conclusion with an efficient negotiation and NEPA process. 1. ODF will dedicate CSF-funded staff to lead the development and finalization of an HCP for marbled murrelets, northern spotted owls, and coastal coho. 2. ODF will lead negotiations with the services. 3. ODF will seek input from Oregon State University, College of Forestry, to build the research and monitoring framework for the HCP. 4. ODF will maintain communications and coordination with the State Land Board and DSL throughout the process. 5. ODF will communicate to DSL the costs associated with this project for reimbursement which includes funding ODF positions and administrative costs, and financing any potential contractor work. ODF will seek legislative budget and positions authority as needed. 6. ODF will work with DSL to establish roles, responsibilities, and decision authorities for executive direction, operational leadership, and project management from both agencies. 7. ODF is committed to supporting a structure that will establish mutually agreeable HCP project goals and objectives, expectations for regular project oversight and direction, communication of key project decisions and milestones, and resolution of complex issues. Memo to DSL for 2017 HCP/FMP Page 2

7 Attachment: Estimate of Expenditures Associated with Negotiating and Finalizing a Habitat Conservation Plan for The Elliott State Forest. The following tables details the positions and time needed to negotiate and finalize a Habitat Conservation Plan (HCP) for The Elliott State Forest. The estimate will be refined once a detailed scope of work is defined. The estimate assumes ODF will lead, direct, and conduct the work to finalize the HCP consistent with forest and landscape conditions on the Elliott and the mandates for managing the forest in a working forest context. ODF will explore the use of contractors for part or all of the work products needed to acquire the HCP. Table 1. Estimated Personnel and Cost for Developing and a Habitat Conservation Plan (HCP) for The Elliott State Forest. Expertise Postion Classification FTE Salary Step 5 (OAO AP) OPE Salary + OPE Months Total Cost Project Leader DFM 1.0 $7,000 $3,438 $10, $187,884 HCP Coordinator OPA3 1.0 $6,166 $2,825 $8, $161,838 GIS Technician ISS3 0.5 $4,658 $2,475 $7, $64,197 Staff Wildlife Biologist NRS4 1.0 $6,166 $2,825 $8, $161,838 Staff Aquatic Specialist NRS4 1.0 $6,166 $2,825 $8, $161,838 Roads Engineer NRS4 1.0 $6,166 $2,825 $8, $161,838 Silviculturist NRS4 1.0 $6,166 $2,825 $8, $161,838 Geotechnical Specialist NRS4 1.0 $6,166 $2,825 $8, $161,838 Modeler NRS4 0.5 $6,166 $2,825 $8, $80,919 T&E Coordinator NRS4 1.0 $6,166 $2,825 $8, $161,838 Data manager and Analyst NRS4 0.5 $6,166 $2,825 $8, $80,919 Technical Writer PAS1 0.5 $4,860 $2,522 $7, $66,438 Policy and Planning Specialist NRS3 1.0 $5,343 $2,634 $7, $143,586 SUBTOTAL for Positions 11.0 $77,355 $36,494 $113, $1,756,809 TOTAL POSITION COUNT 13 Administration $ 537,537 1 step 5 assumed Total With Administrative Prorate $2,294,346 Memo to DSL for 2017 HCP/FMP 1

8 ATTACHMENT C United States Department of the Interior FISH AND WILDLIFE SERVICE Oregon Fish and Wildlife Office 2600 SE 98 th Avenue, Suite 100 Portland, Oregon Phone: (503) FAX: (503) TS Number: Governor Kate Brown Office of the Governor MAY State Capitol 900 Court Street Salem, OR Dear Governor Brown: I am writing you to indicate our support for the development of a Habitat Conservation Plan (HCP) for the Elliott State Forest that would address habitat needs of the federally-listed northern spotted owl and marbled murrelet as well as other forest dependent species. The draft Elliott 2017 Habitat Conservation Plan Framework: Conservation and Mitigation Measures, recently shared with the U.S. Fish and Wildlife Service (Service), outlines a reasonable framework of forest management goals and strategies for conserving areas occupied by these species while also meeting other goals such as timber harvest and recreation. Should the State decide to develop an HCP, these conservation measures would serve as the basis for receiving an incidental take permit from the Service for any incidental take that could not otherwise be avoided. We are prepared to offer our assistance in the development of an HCP for the Elliott State Forest. By working together we believe that such an HCP, with appropriate public review and comment, could successfully meet our permit issuance criteria. We endorse the framework as it provides significant conservation measures and creates a viable path forward to manage the Elliott State Forest for future generations to enjoy and appreciate. Sincerely, Paul Henson, Ph.D. State Supervisor cc: Jason Miner, Gov s office Peter Daugherty, ODF Liz Dent, ODF Jim Paul, DSL Printed on 100 percent chlorine-free/i 00 percent post-consumer content recycled paper

9 ATTACHMENT D