MNEW u; MNE3054050 MNE MNEWBB Supetor Natnonal Forest ?1 p< J. ,3 . 17: T?Sources: Esri, HERE, DeLorme, lntermap, increment Corp., GEBCO, USGS, FAO, NPS, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, ?0penStreetMap contributors, and the GIS User Community 0.75 1.5 Legend - ISSUED PERMITS - ISSUED LEASES Timothy W. Howell Date: 11/17/2016 4.5 6 Miles From: To: Cc: Subject: Date: Attachments: Haugrud, Kevin Karen Hawbecker; Briana Collier; Richard McNeer; Gary Lawkowski Mariagrazia Caminiti Twin Metals Clean Version Tuesday, December 5, 2017 12:39:03 PM Twin Metals -- Draft Final Clean 12 5 2017.docx Here's a clean version of the draft opinion that has been cleared by Dan.  Let's use this one for any additional edits.  Karen, we should probably have Steve do one more cite-check before we go final.  I'm copying Marigrace as well.   CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA * * * * * * * * * * * * * * * * * * * Franconia Minerals (US), LLC, et al., Plaintiffs, vs. PRETRIAL CONFERENCE NOTICE AND ORDER United States of America, et al., Defendants. Court File No. 16-cv-3042 (SRN/LIB) * * * * * * * * * * * * * * * * * * * NOTICE TO COUNSEL Counsel should be aware and anticipate that the method to be used for the resolution of MOST discovery issue disputes and all other non-dispositive motions is presumed to be by “formal” motion practice. See, Local Rule 7.1(a-b) - Civil Motion Practice - of the Local Rules for the District Court of Minnesota.1 Counsel should also be aware and anticipate that Pretrial Conferences, “formal” motion practice, any other matter that needs to be conducted in open Court upon the record, and Settlement Conferences will all be scheduled for and take place in the Federal Courthouse for the Division where the case is venued except that all 3rd and 4th Division case proceedings will be held at the Federal Courthouse in St. Paul, Minnesota, unless otherwise notified. *********** In accordance with the provisions of Rules 16 and 26 of the Federal Rules of Civil Procedure, in conformity with the Civil Justice Reform Act Implementation Plan for the District of Minnesota, which was adopted by Order dated August 23, 1993, and pursuant to the Electronic Case Filing 1 Informal procedures for the resolution of discovery disputes may be considered, but only with prior permission of the Court, and not pursuant to any ex parte requests. CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 2 of 14 Procedures for the District of Minnesota/Civil authorized by Order dated May 13, 2004, a Pretrial Conference2 in this matter is set for Wednesday, January 17, 2018, at 1:30 p.m., before United States Magistrate Judge Leo I. Brisbois, in Courtroom 3, Gerald W. Heaney Federal Building and U.S. Courthouse, 515 W. First St., Duluth Minnesota. In order to facilitate matters, it is -ORDERED: 1. Unless otherwise directed, in accordance with Rule 26(f), Federal Rules of Civil Procedure, counsel for the parties shall meet and confer for direct talks (e-mail and letter exchanges will not be considered direct talks) no later than fourteen (14) days prior to the date of the Pretrial Conference for the purpose of: a. Preparing an agenda of matters to be discussed at the Pretrial Conference. b. Preparing a joint proposed Pretrial Schedule for the case that shall include a plan for discovery setting forth specific parameters for anticipated discovery, including the number of depositions, the volume of documents expected to be produced, the volume of written discovery, and the extent of expert discovery. c. Preparing a joint plan to control excessive litigation costs and delays. Such a plan shall include such matters as focusing 2 The Pretrial Conference requires the personal appearance of at least one attorney of record for each party. Other counsel of record for a party may participate by conference call, if they desire and if conference call technologies are available to the Court. - 2 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 3 of 14 the initial discovery on preliminary issues that might be case dispositive, instituting document control and retrieval mechanisms to contain costs, stipulating to facts to eliminate unnecessary discovery, adopting procedures for orderly discovery, and scheduling alternating periods for party discovery and any other matters counsel may agree upon to control excessive litigation costs and delays. The parties should also consider whether electronic discovery will be a significant part of pretrial discovery and discuss a plan or protocol for electronic discovery which will control costs for all parties. The parties are directed to the Court’s Electronic Discovery Guide as a resource to aid their discussions. The Guide can be found at http://www.mnd.uscourts.gov/FORMS/Clerks_Office/eDiscoveryGuide.pdf. d. Preparing a joint schedule to submit to the Magistrate Judge for the Pretrial Conference which sets forth suggested time periods for fact discovery, for the joinder of parties and for expert discovery; cut-off dates for both nondispositive and dispositive Motions; and a trial readiness date. e. Considering whether or not they will consent to trial by the Magistrate Judge. If consent is given, specify preferred date certain for trial setting. [Date is subject to confirmation by the - 3 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 4 of 14 Magistrate Judge's Courtroom Deputy.] Consent by the parties to trial by the Magistrate Judge may also be given at a future time as well. Counsel's attention is drawn to the attached Pretrial Scheduling Order template form which is to be used in preparing and submitting the Proposed Pretrial Scheduling Order. The Proposed Pretrial Scheduling Order is not to be filed on CM/ECF, but it shall be submitted d irectl y to Magi s trate Judge Leo I. Brisbois at e-mail addres s : brisbois_chambers@mnd.uscourts.gov. 2. After counsel have met and conferred on the matters set forth above, they will file and submit a Joint Rule 26(f) Report (see Local Rule approved forms) setting forth each of the matters agreed upon at least three (3) business days prior to the Pretrial Conference. To the extent that counsel cannot agree upon any of the items set forth in Paragraph 1 above, then within the Joint Rule 26(f) Report each party shall submit its own proposal for each item of disagreement for review by the Magistrate Judge. The Joint Rule 26(f) Report shall be filed on CM/ECF and a courtesy copy submitted directly to Magistrate Judge Leo I. Brisbois at e-mail address: brisbois_chambers@mnd.uscourts.gov. 3. In addition to the foregoing, at least three (3) business days prior to the Pretrial Conference, the Defendant(s) shall advise the Plaintiff(s) of any applicable insurance coverage and the limits of the same, and, if the Plaintiff has placed a medical condition, physical or mental, into controversy, then the Plaintiff shall provide a listing of all pertinent treating physicians, if any, and duly executed Medical Authorizations. See, O’Sullivan v. State of Minnesota, 176 F.R.D. 325 (D. - 4 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 5 of 14 Minn. 1997). Each party shall also file on CM/ECF, by no later than three (3) business days prior to the Pretrial Conference, a concise Statement of the Case setting forth that party’s: a. version of the facts of the case; b. a listing of particularized facts which support the claimed liability or defenses, including any applicable statutes as identified by number; and c. an itemization and explanation of any claimed damages. This Statement of the Case is to be signed by counsel and filed on CM/ECF pursuant to the Electronic Case Filing Procedures of the District of Minnesota and served on opposing counsel. 4. In addition, subjects contemplated by Rule 16(c), Federal Rules of Civil Procedure, will be discussed as part of the 26(f) meet and confer. Without limiting the generality of the foregoing, in advance of the Pretrial Conference the parties should consider: a. Limitations and restrictions on expert testimony; b. The appropriateness and timing of Summary Judgment; c. The control and scheduling of discovery; d. Resort to alternative dispute resolution techniques; e. Reasonable limits on the time allowed for presenting evidence at trial; and - 5 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 6 of 14 f. Counsel are expressly directed to seriously discuss settlement at the time of the 26(f) “meet and confer.” The results of that discussion shall be reported to the Court at the time of the initial Pretrial Conference, and EACH ATTORNEY SHALL SUBMIT AT LEAST THREE (3) BUSINESS DAYS PRIOR TO THE SCHEDULED PRETRIAL CONFERENCE A CONFIDENTIAL LETTER PROVIDING THAT PARTY’S CONFIDENTIAL ASSESSMENT AS TO WHEN PRIMARILY NECESSARY DISCOVERY MIGHT BE DONE SO AS TO SUGGEST WHAT AN OPTIMAL TIME WOULD BE FOR A SETTLEMENT CONFERENCE SO THAT SETTLEMENT EFFORTS WOULD BE MOST FRUITFUL. This confidential letter shall be submitted directly to Magistrate Judge Leo I. B r i s b o i s a t e - m a i l a d d r e s s : brisbois_chambers@mnd.uscourts.gov. 5. Following the Pretrial Conference, an Order establishing a schedule for all Pretrial proceedings, and such other matters as contemplated by Rule 16, shall be entered by the Court. 6. This Pretrial Conference will not be continued pursuant to an independent Stipulation or agreement of counsel or by an informal unilateral application by a party. A continuance may be granted only by this Court and only for good cause shown. However, the right to act upon a request - 6 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 7 of 14 for a continuance of the Pretrial Conference, ex parte, if exigent circumstances so warrant, is reserved to the Court. 7. Counsel's attention is specifically drawn to the provisions of Rule 16(f), Federal Rules of Civil Procedure. BY THE COURT: DATED: November 27, 2017 s/Leo I. Brisbois Leo I. Brisbois U.S. MAGISTRATE JUDGE - 7 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 8 of 14 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA * * * * * * * * * * * * * * * * * * * , Plaintiff, vs. PRETRIAL SCHEDULING ORDER , Defendant. Court File No. -cv- (SRN/LIB) * * * * * * * * * * * * * * * * * * Pursuant to Pretrial Conference convened on ______________, 2017, and in accordance with provisions of Rule 16, Federal Rules of Civil Procedure, and the Local Rules of this Court, to administer the course of this litigation in a manner which promotes the interests of justice, economy and judicial efficiency, the following Pretrial Schedule will govern these proceedings. The Schedule may be modified only upon formal Motion and a showing of good cause as required by Local Rules 7.1 and 16.3. Counsel shall also comply with the Electronic Case Filing Procedures For The District of Minnesota, pursuant to Order Adopting Electronic Case Filing, dated May 13, 2004. THEREFORE, It is -ORDERED: - 8 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 9 of 14 I. That all pre-discovery disclosures required by Rule 26(a)(1) shall be completed on or before [INSERT DATE]. The period during which the parties must conduct all discovery (whether fact or expert) shall terminate on [INSERT DATE].3 Disputes with regard to pre-discovery disclosures or discovery shall be called immediately to the Court's attention by the making of an appropriate Motion, and shall not be relied upon by any party as a justification for not adhering to this Pretrial Scheduling Order. No further or additional discovery shall be permitted after the above date except upon motion and by leave of the Court for good cause shown, and any independent Stipulations or agreements between counsel which contravene the provisions of this Order will not be recognized. However, upon agreement of counsel, or with leave of the Court, depositions in lieu of in-Court testimony may be taken after the close of discovery. II. That all Motions which seek to amend the pleadings or add parties must be filed and the Hearing thereon completed on or before [INSERT DATE].4 III. That all other nondispositive Motions shall be filed and the Hearing thereon completed prior to [INSERT DATE - this date should be 30 days after the discovery deadline], by calling 3 See, Local Rule 16.2(d)(3) of the United States District Court For the District of Minnesota Local Rules. 4 This deadline does not apply to motions to amend pleadings to assert a claim for punitive damages. Motions which seek to assert claims for punitive damages must be filed and the Hearing thereon completed prior to the discovery deadline in Paragraph I. - 9 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 10 of 14 Victoria L. Miller at 218-529-3520, Courtroom Deputy for Magistrate Judge Leo I. Brisbois. All nondispositive Motions shall be scheduled, filed and served in compliance with Local Rule 7.1(a) and (b) and the Electronic Case Filing Procedures For The District of Minnesota. No discovery Motion shall be heard unless the moving party complies with the requirements of Local Rule 37.1. IV. A Settlement Conference pursuant to Local Rule 16.5(b) in the above-entitled matter is set before Magistrate Judge Leo I. Brisbois [the DATE, TIME and LOCATION WILL BE DETERMINED BY THE COURT], on __________________, 2017, at ______ a.m., in [Courtroom No. 3, Gerald W. Heaney Federal Building and U.S. Courthouse, 515 W. First St., Duluth, Minnesota] [Courtroom No. 2, Edward J. Devitt Federal Building and U.S. Courthouse, 118 South Mill St., Fergus Falls, Minnesota] [Devitt Courtroom, Warren E. Burger Federal Building and U.S. Courthouse, 316 N. Robert St., St. Paul, Minnesota]. A separate Notice of this Settlement Conference shall be issued outlining the parties’ obligations for preparation and for appearance of the Conference. V. That no more than [INSERT NUMBER] Interrogatories (counted in accordance with Rule 33(a), Federal Rules of Civil Procedure), shall be served by any party. [If the parties have stipulated to limitations on either the scope or number of discovery requests pursuant to Rule 34 and Rule 36, the terms of such stipulation should be inserted here as well.]. - 10 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 11 of 14 VI. That no more than [INSERT NUMBER] depositions (excluding expert depositions) shall be taken by any party without prior Order of the Court. VII. That within the foregoing period allotted for discovery, but no later than the dates set forth below, the parties shall retain and disclose to opposing counsel all persons they intend to call as expert witnesses at trial.5 Each party's disclosure shall identify each expert and state the subject matter on which the expert is expected to testify. The disclosure shall be accompanied by a written report prepared and signed by the expert witness.6 As required by Rule 26(a)(2)(B), Federal Rules of Civil Procedure, the report shall contain: a. The qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years; b. The compensation to be paid for the study and testimony; c. A listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years; d. A complete statement of all opinions to be expressed and the basis and reasons therefor; e. The data or other information considered by the witness in forming the opinions; and 5 This includes any witnesses who were retained for purposes of conducting an examination pursuant to Rule 35. 6 If no written report is required by Rule 26(a)(2)(B), the disclosures shall still comply with Rule 26(a)(2)(C). - 11 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 12 of 14 f. Any exhibits to be used as a summary of or support for the opinions. The Plaintiff's disclosures shall be made on or before [INSERT DATE]. The Defendant's disclosures shall be made on or before [INSERT DATE]. VIII. That the parties [do] [do not] contemplate taking expert depositions. No more than [INSERT NUMBER] experts may be deposed by any party without prior Order of the Court. IX. That each party shall fully supplement all discovery responses according to Rule 26(e), Federal Rules of Civil Procedure. Any evidence responsive to a discovery request which has not been disclosed on or before the discovery cutoff or other dates established herein, except for good cause shown, shall be excluded from evidence at trial. X. Counsel for the moving party shall contact Susan Del Monte, Courtroom Deputy for the Hon. Susan Richard Nelson at 651-848-1070 no later than [INSERT DATE - this date shall be the same date as the deadline for completion of all fact and expert discovery]7 to schedule a Hearing for a dispositive motion, if any. Counsel are reminded that at least two to three months advance notice is necessary to place a dispositive motion on the calendar. All dispositive motions and supporting 7 The parties should attempt to schedule dispositive motions after all discovery has been completed and to schedule all dispositive motions for the same hearing and should strive to avoid duplication in their briefing. If the parties believe early or piecemeal dispositive motion practice is necessary, they should seek permission of the District Judge. - 12 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 13 of 14 papers ( motion, notice of motion, memorandum of law, affidavits, exhibits and proposed order) shall be filed and served in compliance with the Electronic Case Filing Procedures for the District of Minnesota and in compliance with Local Rule 7.1; however, unless otherwise directed by the Court, the moving party’s motion papers shall not be filed until 42 days prior to the scheduled Hearing date. When a motion, response or reply brief is filed on CM/ECF, two (2) paper courtesy copies (three-hole punched, with dividers clearly marked between exhibits) of the pleading and all supporting documents shall be mailed or delivered to chambers contemporaneously with the documents being posted on CM/ECF. Notwithstanding the foregoing, no party shall file a dispositive motion before the close of discovery without first obtaining permission from the undersigned. Permission shall be sought by electronically filing a letter of no more than three (3) pages briefly setting forth the basis for the motion, whether discovery relating to the issue or issues to be addressed by the motion is complete, and why judicial efficiency would be served by allowing the motion to proceed at this time. The other party or parties may file brief letters in support of or in response to the request. Denial of a request for permission to file an early dispositive motion shall not be taken as an indication of the Court’s view about the merits of the proposed motion. XI. - 13 - CASE 0:16-cv-03042-SRN-LIB Document 126 Filed 11/28/17 Page 14 of 14 That this case shall be ready for Trial on [INSERT DATE8 - this date should be four (4) months after the date for dispositive motions], or 30 days after the Court renders its Order on any dispositive Motion (whichever is later), at which time the case will be placed on the Court's [Jury] [non-Jury] Trial calendar. That the anticipated length of Trial is [INSERT NUMBER of days/weeks]. BY THE COURT: DATED: ___________________________ Leo I. Brisbois U.S. MAGISTRATE JUDGE 8 THIS DATE IS NOT A TRIAL SETTING DATE. The parties will be notified by the Calendar Clerk of the assigned Judge to a case by way of a Notice of Trial as to when this case will be placed on the Trial Calendar. The above date is merely a notice to all parties to consider the case ready for trial as of this date. DO NOT PREPARE FOR TRIAL UNTIL NOTIFIED. - 14 - From: To: Subject: Date: Attachments: Karen Hawbecker Jack Haugrud 2017.12.06 Twin Metals -- Draft Final Redline Thursday, December 7, 2017 9:03:51 AM ATT00001.txt 2017.12.06 Twin Metals -- Draft Final Redline.docx Jack, See my suggested edits in footnote 40. Those are my only proposed further edits.  Thank you. —Karen Sent from my iPad From: To: Cc: Subject: Date: Collier, Briana Haugrud, Kevin Karen Hawbecker; Richard McNeer Fwd: Citation question in Twin Metals document Friday, December 8, 2017 10:43:50 AM Ralph Linden's response is below. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: LINDEN, RALPH - OGC Date: Fri, Dec 8, 2017 at 8:35 AM Subject: Re: Citation question in Twin Metals document To: "Collier, Briana" Cc: "HENDERSON, PAMELA P. - OGC" , "Mulach, Ronald - OGC" , "Hawbecker, Karen" , Richard McNeer (b) (5) Ralph Linden Associate General Counsel Natural Resources and Environment Division  Office of the General Counsel U.S. Department of Agriculture  202.720.6883 On Dec 8, 2017, at 10:33 AM, Collier, Briana wrote: Hi all,  For footnote 18, we would like to go with a simple citation to both documents as follows: 18.  (b) (5) (b) (5) Any objections? Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Thu, Dec 7, 2017 at 4:51 PM, LINDEN, RALPH - OGC wrote: Ralph Linden Associate General Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 202.720.6883 > On Dec 7, 2017, at 6:49 PM, Collier, Briana wrote: > > All, Here is the 2/6/87 letter and a copy of one of the 1966 leases, in case that is helpful. > > Briana Collier > Attorney-Adviser, Division of Mineral Resources > U.S. Department of the Interior, Office of the Solicitor > 505 Marquette Ave., NW Ste.1800 > Albuquerque, NM 87102 > > Phone: (202) 208-4853 > > This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is piivileged. con?dential, or othelwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delively of this email to the intended recipient, you are hereby noti?ed that any dissemination. distribution, copying. or use of this email or its contents is strictly prohibited. If you received this email in arm: please notify the sender immediately and destroy all copies. 011 Thu. Dec 7. 2017 at 4:38 PM. Hawbecker. Karen sol.doi . gov>> wrote: Ral 11, hi footnote 18 of the draft Twin Metals M-O . Pamela you. --Karen <1987.02.09 memo Superior Nat'l Forest to regional forester re TNCO lease renewals 1966 Lease.pdf> This electronic message contains infomiation generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosm?e of the inf01n1ation it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in arm. please notify the sender and delete the email From: To: Subject: Date: Attachments: Haugrud, Kevin Briana Collier; Gary Lawkowski; Richard McNeer; Karen Hawbecker Revised Twin Op - quick review Friday, December 8, 2017 10:48:32 AM 2017.12.08 Twin Metals -- Draft Final Redline with OGC response.docx Attached is the version with my proposed edits to respond to OGC's concerns.  Please review (it won't take long) and let me know if you see any problems.  I will send to Dan by 11:45 or so.  Karen, I know you may not have had a chance to review by then, but the revisions are so minor I'm sure we can address any concerns you have later.   From: To: Cc: Subject: Date: Collier, Briana Haugrud, Kevin Karen Hawbecker; Richard McNeer Fwd: Citation question in Twin Metals document Friday, December 8, 2017 11:53:07 AM Jack, Here is Pamela's response on footnote 18. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: HENDERSON, PAMELA P. - OGC Date: Fri, Dec 8, 2017 at 9:41 AM Subject: RE: Citation question in Twin Metals document To: "Collier, Briana" , "LINDEN, RALPH - OGC" , "Mulach, Ronald - OGC" Cc: "Hawbecker, Karen" , Richard McNeer (b) (5) .   Senior Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 1400 Independence Ave S.W. Room 3338-S Washington, DC 20250-1400 ☎  202-720-2515 (Voice)    844-354-1119 (Fax) ✉   Pamela.Henderson@ogc.usda.gov   From: Collier, Briana [mailto:briana.collier@sol.doi.gov] Sent: Friday, December 8, 2017 10:33 AM To: LINDEN, RALPH - OGC ; HENDERSON, PAMELA P. - OGC ; Mulach, Ronald - OGC Cc: Hawbecker, Karen ; Richard McNeer Subject: Re: Citation question in Twin Metals document   Hi all,    For footnote 18, we would like to go with a simple citation to both documents as follows:   18.  (b) (5)   Any objections?   Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies.   On Thu, Dec 7, 2017 at 4:51 PM, LINDEN, RALPH - OGC wrote: Ralph Linden Associate General Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 202.720.6883 > On Dec 7, 2017, at 6:49 PM, Collier, Briana wrote: > > All, Here is the 2/6/87 letter and a copy of one of the 1966 leases, in case that is helpful. > > Briana Collier > Attorney-Adviser, Division of Mineral Resources > U.S. Department of the Interior, Office of the Solicitor > 505 Marquette Ave., NW Ste.1800 > Albuquerque, NM 87102 > > Phone: (202) 208-4853 > > > This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. > On Thu Dec 7, 2017 at 4:38 PM, Hawbecker, Karen mailto :karenhawbecker? sol . doi. gov>> wrote: Ral h, In footnote 18 of the draft Twin Metals M-O Pamela you. ?-Karen <1987.02.09 memo Superior Nat'l Forest to regional forester re INC 0 lease renewals 1966 Lease.pdf> This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may Violate the law and subject the Violator to ciVil or criminal penalties. If you believe you have received this message in arm. please notify the sender and delete the email iimnediately. From: HaugrudI Kevin To: Collier Briana Cc: Karen Hawbecker' Richard McNeer Subject: Re: Citation question in Twin Metals document Date: Friday, December 8, 2017 12:04:00 PM On Fri? Dec 8. 2017 at 11:52 AM, Collier, Briana wrote: ack~ Here is Pamela's response on footnote 18. 505 1\=Iarc1uette Ave. NW Ste. 1800 Albuquerque. NM 87 102 F01warded message From: HENDERSON, PAMELA P. - OGC Date: Fri, Dec 8. 2017 at 9:41 AM Subject: RE: Citation question in Twin Metals document To: "Collier, Briana" RALPH - "Mulach, Ronald - QC .usda . gov> c: "Hawbecker. Karen" Richard McNeer   Senior Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 1400 Independence Ave S.W. Room 3338-S Washington, DC 20250-1400 ☎  202-720-2515 (Voice)    844-354-1119 (Fax) ✉   Pamela.Henderson@ogc.usda.gov   From: Collier, Briana [mailto:briana.collier@sol.doi.gov] Sent: Friday, December 8, 2017 10:33 AM To: LINDEN, RALPH - OGC ; HENDERSON, PAMELA P. - OGC ; Mulach, Ronald - OGC Cc: Hawbecker, Karen ; Richard McNeer Subject: Re: Citation question in Twin Metals document   Hi all,    For footnote 18, we would like to go with a simple citation to both documents as follows:   18.  (b) (5)   Any objections?   Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies.   On Thu, Dec 7, 2017 at 4:51 PM, LINDEN, RALPH - OGC wrote: Ralph Linden Associate General Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 202.720.6883 > On Dec 7, 2017, at 6:49 PM, Collier, Briana wrote: > > All, Here is the 2/6/87 letter and a copy of one of the 1966 leases, in case that is helpful. > > Briana Collier > Attorney-Adviser, Division of Mineral Resources > U.S. Department of the Interior, Office of the Solicitor > 505 Marquette Ave., NW Ste.1800 > Albuquerque, NM 87102 > > Phone: (202) 208-4853 > > > This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination. distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender and destroy all copies. On Thu, Dec 7, 2017 at 4:38 PM, Hawbecker, Karen > wrote: Ral h, In footnote 18 of the draft Twin Metals M-O . Pamela you. --Karen <1987.02.09 memo Superior Nat'l Forest to regional forester re INC 0 lease renewals 1966 Lease.pdf> This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the Violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email irmnediately. From: McNeer, Ric hard To: Haugrudl Kevin Cc: Collierl Briana; Karen Hawbecker Subject: Re: Citation question in Twin Metals document Date: Friday, December 8, 2017 12:05:16 PM Jack: Richard On Fri, Dec 8. 2017 at 12:03 PM, Haugmd. Kevin <'ack.11a1101ud (ii'sol.d0i.00v> wrote: On Fri. Dec 8, 2017 at 11:52 AM. ollier, Briana wrote: ack, Here is Pamela's response 011 footnote 18. 505 1\v1arc1uette Ave. NW Ste. 1800 Albuquerque. NM 87 1 02 Fonvarded message From: HENDERSON, PAMELA P. - OGC Date: Fri: Dec 8, 2017 at 9:41 AM Subject: RE: Citation question in Twin Metals document To: "Collier, Briana" RALPH - "Mulach. Ronald - Cc: "Hawbecker, Karen" Richard McNeer sol . doi. (b) (5)   Senior Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 1400 Independence Ave S.W. Room 3338-S Washington, DC 20250-1400 ☎  202-720-2515 (Voice)    844-354-1119 (Fax) ✉   Pamela.Henderson@ogc.usda.gov   From: Collier, Briana [mailto:briana.collier@sol.doi.gov] Sent: Friday, December 8, 2017 10:33 AM To: LINDEN, RALPH - OGC ; HENDERSON, PAMELA P. - OGC ; Mulach, Ronald - OGC Cc: Hawbecker, Karen ; Richard McNeer Subject: Re: Citation question in Twin Metals document   Hi all,    For footnote 18, we would like to go with a simple citation to both documents as follows:   18.  (b) (5)   Any objections?   Thanks very much, Briana Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 Phone: (202) 208-4853  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies.   On Thu, Dec 7, 2017 at 4:51 PM, LINDEN, RALPH - OGC wrote: Ralph Linden Associate General Counsel Natural Resources and Environment Division Office of the General Counsel U.S. Department of Agriculture 202.720.6883 > On Dec 7, 2017, at 6:49 PM, Collier, Briana wrote: > > All, Here is the 2/6/87 letter and a copy of one of the 1966 leases, in case that is helpful. > > Briana Collier > Attorney-Adviser, Division of Mineral Resources US. Department of the Interior. Of?ce of the Solicitor 505 Marquette Ave.. NW Ste.l800 Albuquerque. NM 87102 Phone: (202) 208-4853 This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain infonnation that is privileged. con?dential. or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delively of this email to the intended recipient. you are hereby noti?ed that any dissemination, distribution. copying. or use of this email or its contents is strictly prohibited. If you received this email in en?or. please notify the sender immediately and destroy all copies. On Thu. Dec 7. 2017 at 4:38 PM. Hawbecker. Karen wrote: Ral h. In footnote 18 of the draft Twin Metals M-O . Pamela you. "Karen <1987.02.09 memo Superior Nat'l Forest to regional forester re TNCO lease renewals 1966 Lease.pdf> This electronic message contains infonnation generated by the USDA solely for the intended recipients. Any lmauthorized interception of this message or the use or disclosm'e of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in arm. please notify the sender and delete the email immediately. From: Sklarl Ryan To: Haugrudl Kevin; Hawbecker Karen Cc: Aaron Moody; Richard McNeer' Collier Briana; Brown Laura Subject: Superior National Forest withdrawal Review of USFS communications materials Date: Friday, December 8, 2017 4:52:06 PM Attachments: Supplemental SNF CommPlan Dec 8 2017.docx REDLINE - Supplemental SNF CommPlan Dec 8 2017 RS.docx Hi Jack and Karen. BLM has asked us to review the attached conmnmications materials related to the Superior National Forest withdrawal. The materials were re ared USFS's re ional of?ce in Milwaukee and detail . USFS cmrent mten to issue press re ease 011 Decem er 17. I see two main substantive issues in the attached materials. First. I've attached a clean version and a redlined version that contains my edits. BLM has asked that we get them edits as soon as possible. Thanks, Ryan Ryan Sklar Attorney-Advisor Of?ce of the Solicitor US. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. Superior NF Lands Withdrawal: Process Update Supplement to the Superior National Forest Land and Mineral Withdrawal Communication Plan December 2017 (b) (5) pg. 1 DRAFT- updated 12/6/2017 Formatted: Not Highlight Commented 2 pg. 2 DRAFF- updated 12/6/2017 Commented pg. 3 updated 12/6/2017 Formatted: Not Highlight Commented Please see previous comment. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight .. Formatted: Not Highlight Commented Recommend deleting reference to pg. 4 updated 12/6/2017 Formatted: Not Highlight pg. 5 updated 12/6/2017 pg. 6 DRAFT- updated 12/6/2017 pg. 7 updated 12/6/2017 pg. 8 updated 12/6/2017 pg. 9 DRAFT- updated 12/6/2017 Superior NF Lands Withdrawal: Process Update Supplement to the Superior National Forest Land and Mineral Withdrawal Communication Plan December 2017 (b) (5) pg. 1 DRAFT- updated 12/6/2017 Commented Commented pg. 2 DRAFF- updated 12/6/2017 Formatted: Not Highlight Formatted: Not Highlight Commented pg. 3 DRAFF- updated 12/6/2017 Commented pg. 4 DRAFF- updated 12/6/2017 pg. 5 DRAFF- updated 12/6/2017 Formatted: Not Highlight Commented Please see previous comment. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Commented Recommend deleting reference to mineral segregation. Formatted: Not Highlight pg. 6 updated 12/6/2017 pg. 7 updated 12/6/2017 pg. 8 DRAFT- updated 12/6/2017 pg. 9 DRAFT- updated 12/6/2017 pg. 10 DRAFT- updated 12/6/2017 From: Collier Briana To: SklarI Ryan Cc: Haugrud, Kevin; Hawbecker Karen; Aaron Mm; Richard McNeer; Brown Laura Subject: Re: Superior National Forest withdrawal -- Review of USFS communications materials Date: Monday, December 11, 2017 12:57:20 PM Attachments: REDLINE - Supplemental SNF CommPlan Dec 8 2017 RS bwc.docx I had only one edit to add in the ?rst highlighted Thanks Ryan. On Fri. Dec 8. 2017 at 2:51 PM. Sklar. Ryan <1van.sklar((lsol.doi.gov> wrote: Hi Jack and Karen. BLM has asked us to review the attached communications materials related to the Superior National Forest withdrawal. The materials were re ared regional of?ce in Milwaukee and detail . USFS c1urent mten to issuet press re ease 011 Decem er 17. I see two main substantive issues in the attached materials. First. 12 omts suggest that I've attached a clean version and a redlined version that contains my edits. BLM has asked that we get them SOL's edits as soon as possible. Thanks. Ryan NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. Superior NF Lands Withdrawal: Process Update Supplement to the Superior National Forest Land and Mineral Withdrawal Communication Plan December 2017 (b) (5) pg. 1 DRAFT- updated 12/6/2017 Commented Commented pg. 2 DRAFF- updated 12/6/2017 Formatted: Not Highlight Formatted: Not Highlight Commented pg. 3 DRAFF- updated 12/6/2017 Commented pg. 4 DRAFF- updated 12/6/2017 pg. 5 DRAFF- updated 12/6/2017 Formatted: Not Highlight Commented Please see previous comment. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Commented Formatted: Not Highlight pg. 6 updated 12/6/2017 pg. 7 DRAFT- updated 12/6/2017 pg. 8 updated 12/6/2017 pg. 9 DRAFT- updated 12/6/2017 pg. 10 DRAFT- updated 12/6/2017 From: Haugrud, Kevin To: Daniel Jog'ani Subject: Fwd: Superior National Forest withdrawal Review of USFS communications materials Date: Monday, December 11, 2017 2:19:41 PM Attachments: REDLINE - Supplemental SNF Dec 8 2017 R8 bwc.docx Dan: Please see message below from Ryan Sklar on what the FS is planning to do on the Minnesota Superior National Forest withdrawal application. The are still moving forward 011 an EA. rather than an EISectin to addres Forwarded message From: Collier, Briana Date: Mon. Dec 11, 2017 at 12:56 PM Subject: Re: Superior National Forest withdrawal -- Review of USF comrmmications materials To: "Sklar. Ryan" <1yan.sklar(wsol.doi.gov> Cc: "Haugr'ud. Kevin" "Hawbecker, Karen" Aaron Moody Richard McNeer , ?Brown, Laru?a" I had only one edit to add in the ?rst highlighted Thanks Ryan. On Fri. Dec 8, 2017 at 2:51 PM, Sklar. Ryan <1van.sklar?isoldoigov> wrote: Hi Jack and Karen. BLM has asked us to review the attached commrurications materials related to the Superior National Forest withdrawal. The materials were prepared by regional of?ce in Milwaukee and detail USFS's decision to prepare an EA to study the withdrawal instead of an EIS. as originally noticed in the January 2017 N01. USFS cru?rently intends to issue the press release on December 17. I see two main substantive issues in the attached materials. First. rg pomts suggest that I've attached a clean version and a i?edlined version that contains my edits. BLM has asked that we get them SOL's edits as soon as possible. Thanks Ryan Superior NF Lands Withdrawal: Process Update Supplement to the Superior National Forest Land and Mineral Withdrawal Communication Plan December 2017 (b) (5) pg. 1 DRAFT- updated 12/6/2017 Commented Commented p8- DRAFF- updated 12/6/2017 Formatted: Not Highlight Formatted: Not Highlight Commented p8- DRAFF- updated 12/6/2017 Commented pg. 4 DRAFF- updated 12/6/2017 pg. 5 DRAFF- updated 12/6/2017 Formatted: Not Highlight Commented Please see previous comment. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Commented Formatted: Not Highlight pg. 6 updated 12/6/2017 pg. 7 updated 12/6/2017 pg. 8 updated 12/6/2017 pg. 9 updated 12/6/2017 pg. 10 updated 12/6/2017 From: Sklarl Ryan To: Haugrudl Kevin Cc: Brown Laura Subject: Superior National Forest proposed withdrawal press release Date: Tuesday, December 19, 2017 4:52:56 PM Attachments: REDLINE - Supplemental SNF CommPlan Dec 8 2017 RS bwc.docx Hi Jack, The Forest Service is again pinging BLM about whether it can issue the attached press release (with DOI's edits) annomrcing USFS's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Tlnu'sda 's coordination Ineetin . and 011 intended to eak with David B. about Thanks, Ryan Ryan Sklar Attorney-Adviser Of?ce of the Solicitor US. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. From: HaugrudI Kevin To: Sklarl Ryan Cc: Brown Laura Subject: Re: Superior National Forest proposed withdrawal press release Date: Tuesday, December 19, 2017 6:24:38 PM Thanks Ryan. I have not heard back, but at this point this is really not an SOL issue - it should be handled by OMMs and OC more than us. Has this been run by BLM and Departmental OMMs shops yet? 011 Tue, Dec 19, 2017 at 4:52 PM, Sklar, Ryan <1yan.sklar(wsol.doi.gov> wrote: Hi ack, The Forest Service is again pinging BLM about whether it can issue the attached press release (with DOI's edits) announcing USFS's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Thtu'sda ?s coordination meetin and 011 intended to eak with David B. about Thanks, Ryan Ryan Sklar From: Ryan Sklar To: Haugrud, Kevin Cc: Brown Laura Subject: Re: Superior National Forest proposed withdrawal press release Date: Tuesday, December 19, 2017 10:47:02 PM ack, I?ve been working with BLM comms, but I don?t believe they have looped in DOI conmls. I?ll check in that in the morning and pass the baton to them. Thanks, Ryan On: 19 December 2017 18:24 "Haugmd Kevin" w10te: Thanks Ryan. I have not heard back but at this point this rs really not an SOL issue - it should be handled by OMMs and OC more than us. Has this been run by BLM and Departmental OMMs shops yet? 011 Tue. Dec 19, 2017 at 4:52 PM, Sklar. Ryan wrote: Hi Jack, The Forest Sewice is again pinging BLM about whether it can issue the attached press release (with DOI's edits) announcing USFS's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Thtu'sda ?s coordination meetin . and 011 intended to eak with David B. about Thanks, Ryan Ryan Sklar -31' ?1ce 3" :1e 33 3:31 3 11?te1' 31' 11ZZT11253T1113 e-r?31 11311:: 1?3 31 33? 11:3 13 1?1e1?::e:1 131' t'1e L13e 3?t'1e 3113 31'e1?11: t3 1? 1: 13 3 :1:11e33e 1113, 3311:31? 111?1311?1-3?. :113t13131' egea. 3311? :1e1? 3 313?11 e1 .31: :113tecte:11:_. 331:: 11,311 31e 1?3 :1?e1e11:1e:11ec:? ,31-1 31'e1?e1e1: 1? 31f1e:1 1.?31311?113?3e 113:131?. :13111:11113 311331119 31 3e 3 e-1?3 131 13 c31?1e1?13 3 311' ct e:1 3L11ece1 3 e-1?3 1 11? e1131. 1: e33e 113:1, t1?e 3e11:1e1? 11?1?e:1 31e 31?:1 :1e311'13. 3 1331133? From: Kevin Haugrud To: Daniel Jog'ani Subject: Fw: Superior National Forest proposed wi?idrawal press release Date: Wednesday, December 20, 2017 8:55:36 AM Attachments: REDLINE - Supplemental SNF Dec 8 2017 R8 bwc.docx Dan: This concerns the matter I last emailed about on 12/11. The F8 wants to issue a press release notifying the public that it now intends to do an EA, rather than an EIS, to analyze the Superior National Forest proposed withdrawal. They have an outreach plan that includes Congressional noti?cation. Ryan has said that BLM COMMs has been involved, and asked Ryan to have BLM loop in Departmental (Oh/Wis.? but it may also have just gotten lost in the barrage of other emails he receives. From: Sklar, Ryan Sent: Tuesday, December 19, 2017 4:52 PM To: Haugrud, Kevin Cc: Brown, Laura Subject: Superior National Forest proposed wididrawal -- press release Hi ack, The Forest Service is again pinging BLM about whether it can issue the attached press release (with DOI's edits) announcing USFS's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Thursda 's coordination meetin . and 011 intended to eak with David B. about Thanks, Ryan Ryan Sklar Attorney-Adviser Of?ce of the Solicitor US. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, con?dential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby noti?ed that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. From: Jog?ani, Daniel To: Kevin Haugrud Subject: Re: Fw: Superior Nabonal Forest proposed wi?idrawal -- press release Date: Wednesday, December 20, 2017 9:00:14 AM can you send me the email you sent to David? I will raise it to him asap. Daniel H. Jorjani PrInCIpal Deputy US. Department of the Interior Main Interior Budding 6356 202-219-3861 (Voice) E- 202-706-9018 (Cell) .9 ?l This electronic message contains information generated by the US Department of the Interior solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties If you believe you have received this message in error, please notify the sender and delete the email immediately On Wed, Dec 20, 2017 at 8:55 Kevin Haugrud wrote: Dan: This concerns the matter I last emailed about on 12/11. The F8 wants to issue a press release notifying the public that it now intends to do an EA, rather than an EIS, to analyze the Superior National Forest proposed withdrawal. They have an outreach plan that includes Congressional notification. Ryan has said that BLM COMMs has been involved, and asked Ryan to have BLM loop in Departmental ?butlrg lost in the barrage of other emails he receives. From: Sklar, Ryan Sent: Tuesday, December 19, 2017 4:52 PM To: Haugrud, Kevin Cc: Brown, Laura Subject: Superior National Forest proposed withdrawal -- press release Hi ack, The Forest Service is again pinging BLM about whether it can issue the attached press release (with DOI's edits) announcing USFS's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Thm'sda ?s coordination meetin and 011 intended to eak with David B. about Thanks, Ryan -Ryan Sklar Attorney-Advisor Office of the Solicitor U.S. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. From: Jog?ani, Daniel To: David Bernhardt Cc: Kevin Haugrud Subject: Fwd: Fw: Superior National Forest proposed withdrawal -- press release Date: Wednesday, December 20, 2017 9:01:56 AM Attachments: REDLINE - Supplemental SNF CommPlan Dec 8 2017 R5 bwc.docx David-? cc-ingiack- Forwarded message From: Kevin Haugrud Date: Wed. Dec 20, 2017 at 8:55 AM Subject: Fw: Superior National Forest proposed withdrawal -- press release To: Daniel Jorjani r> Dan: This concerns the matter I last emailed about on 12/11. The F8 wants to issue a press release notifying the public that it now intends to do an EA, rather than an EIS, to analyze the Superior National Forest proposed withdrawal. They have an outreach plan that includes Congressional notification. Ryan has said that BLM has been involved, and asked Ryan to have loop in Departmental but it may also have just gotten lost in the barrage of other emails he receives. From: Sklar, Ryan Sent: Tuesday, December 19, 2017 4:52 PM To: Haugrud, Kevin Cc: Brown, Laura Subject: Superior National Forest proposed withdrawal -- press release Hi Jack. The Forest Service is again pinging BLM about whether it can issue the attached press release (with DOI's edits) annormcing USF S's intention to prepare an EA instead of an EIS for the proposed withdrawal. (The press release begins on page 5 of the attachment.) I believe you and Aaron discussed the issue at last Thlu'sda 's coordination meetin and 011 intended to eak with David B. about Thanks, Ryan Ryan Sl lai' Attorney-Advisor Office of the Solicitor U.S. Department of the Interior 202-208-3039 NOTICE: This e-mail (including attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this e-mail or its contents is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately and destroy all copies. From: To: Subject: Date: Kevin Haugrud Jorjani, Daniel Fw: Update on Superior National Forest Proposed Withdrawal Wednesday, December 20, 2017 9:13:01 AM Here's the earlier message to David. From: Haugrud, Kevin Sent: Wednesday, November 22, 2017 2:43 PM To: David Bernhardt Cc: Daniel Jorjani Subject: Update on Superior National Forest Proposed Withdrawal Attorney Client Communication Attorney Work Product DO NOT DISCLOSE David:   (b) (5) _Jackchan From: To: Subject: Date: Daniel Jorjani Kevin Haugrud Re: Update on Superior National Forest Proposed Withdrawal Wednesday, December 20, 2017 9:29:40 AM Thanks.  Daniel H. Jorjani Principal Deputy Solicitor Department of the Interior Main Interior Building ' 202-219-3861 (Voice)     202-706-9018 (Cell)   daniel.jorjani@sol.doi.gov This electronic message contains information generated by the US Department of the Interior solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.    Sent from my iPhone On Dec 20, 2017, at 9:13 AM, Kevin Haugrud wrote: Here's the earlier message to David. From: Haugrud, Kevin Sent: Wednesday, November 22, 2017 2:43 PM To: David Bernhardt Cc: Daniel Jorjani Subject: Update on Superior National Forest Proposed Withdrawal Attorney Client Communication Attorney Work Product DO NOT DISCLOSE David:   (b) (5) Jack cc Dan From: To: Cc: Subject: Date: Daniel Jorjani b6 David todd willens@ios.doi.gov; jack.haugrud@sol.doi.gov Fwd: Update on Superior National Forest Proposed Withdrawal Wednesday, December 20, 2017 9:30:28 AM David - Context for the earlier email traffic.     Sent from my iPhone Begin forwarded message: From: Kevin Haugrud Date: December 20, 2017 at 9:13:04 AM EST To: "Jorjani, Daniel" Subject: Fw: Update on Superior National Forest Proposed Withdrawal Here's the earlier message to David. From: Haugrud, Kevin Sent: Wednesday, November 22, 2017 2:43 PM To: David Bernhardt Cc: Daniel Jorjani Subject: Update on Superior National Forest Proposed Withdrawal Attorney Client Communication Attorney Work Product DO NOT DISCLOSE David:   (b) (5) From: To: Subject: Date: Hawbecker, Karen Daniel Jorjani; Jack Haugrud Fwd: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) Friday, January 5, 2018 6:12:01 PM Dan and Jack, FYI--the magistrate judge has canceled the January 17 pre-trial conference in the Twin Metals case in light of the plaintiffs' voluntary dismissal of the case. --Karen  ---------- Forwarded message ---------From: Duffy, Sean C. (ENRD) Date: Fri, Jan 5, 2018 at 12:09 PM Subject: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) To: "Hawbecker, Karen" , "Vukelich, Vincent - OGC" , "HENDERSON, PAMELA P. - OGC" , "Vandlik, John - OGC" , "Mulach, Ronald - OGC" , "Dewitte, Vincent - OGC" , "Franklin, Jessica - OGC" , "Collier, Briana" , "McNeer, Richard" , Joshua Hanson , Roy Fuller , Ryan Sklar Cc: "Piropato, Marissa (ENRD)" , "Boronow, Clare (ENRD(b ) , "Fuller, David (USAMN)" All – just an f/y/i.  In light of plaintiffs’ voluntary dismissal of the case, the magistrate judge has canceled the January 17 pre-trial conference in Duluth.   From: ecf-notice@mnd.uscourts.gov [mailto:ecf-notice@mnd.uscourts.gov] Sent: Friday, January 05, 2018 11:54 AM To: mndecfnotifications@mnd.uscourts.gov Subject: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only)   This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court U.S. District of Minnesota Notice of Electronic Filing The following transaction was entered on 1/5/2018 at 10:54 AM CST and filed on 1/5/2018 Case Name: Franconia Minerals (US) LLC et al v. United States of America et al Case Number: 0:16-cv-03042-SRN-LIB Filer: Document Number: 131(No document attached) Docket Text: TEXT ONLY ORDER - canceling Pretrial Conference. Pursuant to Docket No. 130, the Pretrial Conference scheduled for Wednesday, January 17, 2018, is hereby CANCELED. Signed by Magistrate Judge Leo I. Brisbois on January 5, 2018. (VLM) 0:16-cv-03042-SRN-LIB Notice has been electronically mailed to: Albinas Jehan Prizgintas     albinas.prizgintas@wilmerhale.com Amy Slusser Conners     aconners@bestlaw.com, rricke@bestlaw.com Clare Boronow     clare.boronow@usdoj.gov, efile_nrs.enrd@usdoj.gov Daniel S. Volchok     daniel.volchok@wilmerhale.com David W Fuller     david.fuller@usdoj.gov, carla.kohl@usdoj.gov, catherine.merle@usdoj.gov, deb.kapinos@usdoj.gov, muriel.holland@usdoj.gov, usamn.ecfcivil@usdoj.gov I Daniel Colton     colton.dan@dorsey.com, chryst.vicki@dorsey.com James Andrew Tucker     jtucker@mofo.com, cwoods@mofo.com Joseph Alex Ward     alexward@mofo.com, emarsh@mofo.com, SOzturkGunertem@mofo.com Joseph R. Palmore     jpalmore@mofo.com Marissa Piropato     marissa.piropato@usdoj.gov Mark R. Kaster     kaster.mark@dorsey.com, jaworski.alice@dorsey.com, niemczycki.sarah@dorsey.com Michael John Patrick Hazel     michael.hazel@wilmerhale.com Paul R.Q. Wolfson     paul.wolfson@wilmerhale.com Sean Christian Duffy     sean.c.duffy@usdoj.gov Stephen J Snyder     stephen.snyder@snyderattorneys.com, craig.brandt@snyderattorneys. com, deborah.norvold@snyderattorneys.com, sherri.milless@snyderattorneys.com Steven J Wells     wells.steve@dorsey.com, blaylark.rosalie@dorsey.com, kappelman.ben@dorsey.com, shaw.gail@dorsey.com Thomas Backer Heffelfinger     theffelfinger@bestlaw.com 0:16-cv-03042-SRN-LIB Notice has been delivered by other means to:   From: To: Cc: Subject: Date: Jorjani, Daniel Hawbecker, Karen Jack Haugrud Re: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) Friday, January 5, 2018 6:15:34 PM Thank you. Have a great weekend.     On Fri, Jan 5, 2018 at 6:11 PM, Hawbecker, Karen wrote: Dan and Jack, FYI--the magistrate judge has canceled the January 17 pre-trial conference in the Twin Metals case in light of the plaintiffs' voluntary dismissal of the case. --Karen  ---------- Forwarded message ---------From: Duffy, Sean C. (ENRD) Date: Fri, Jan 5, 2018 at 12:09 PM Subject: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) To: "Hawbecker, Karen" , "Vukelich, Vincent - OGC" , "HENDERSON, PAMELA P. - OGC" , "Vandlik, John - OGC" , "Mulach, Ronald - OGC" , "Dewitte, Vincent - OGC" , "Franklin, Jessica - OGC" , "Collier, Briana" , "McNeer, Richard" , Joshua Hanson , Roy Fuller , Ryan Sklar Cc: "Piropato, Marissa (ENRD)" , "Boronow, Clare (ENRD)" , "Fuller, David (USAMN)" All – just an f/y/i.  In light of plaintiffs’ voluntary dismissal of the case, the magistrate judge has canceled the January 17 pre-trial conference in Duluth.   From: ecf-notice@mnd.uscourts.gov [mailto:ecf-notice@mnd.uscourts.gov] Sent: Friday, January 05, 2018 11:54 AM To: mndecfnotifications@mnd.uscourts.gov Subject: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only)   This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court U.S. District of Minnesota Notice of Electronic Filing The following transaction was entered on 1/5/2018 at 10:54 AM CST and filed on 1/5/2018 Case Name: Franconia Minerals (US) LLC et al v. United States of America et al Case Number: 0:16-cv-03042-SRN-LIB Filer: Document Number: 131(No document attached) Docket Text: TEXT ONLY ORDER - canceling Pretrial Conference. Pursuant to Docket No. 130, the Pretrial Conference scheduled for Wednesday, January 17, 2018, is hereby CANCELED. Signed by Magistrate Judge Leo I. Brisbois on January 5, 2018. (VLM) 0:16-cv-03042-SRN-LIB Notice has been electronically mailed to: Albinas Jehan Prizgintas     albinas.prizgintas@wilmerhale.com Amy Slusser Conners     aconners@bestlaw.com, rricke@bestlaw.com Clare Boronow     clare.boronow@usdoj.gov, efile_nrs.enrd@usdoj.gov Daniel S. Volchok     daniel.volchok@wilmerhale.com David W Fuller     david.fuller@usdoj.gov, carla.kohl@usdoj.gov, catherine.merle@usdoj.gov, deb.kapinos@usdoj.gov, muriel.holland@usdoj.gov, usamn.ecfcivil@usdoj.gov I Daniel Colton     colton.dan@dorsey.com, chryst.vicki@dorsey.com James Andrew Tucker     jtucker@mofo.com, cwoods@mofo.com Joseph Alex Ward     alexward@mofo.com, emarsh@mofo.com, SOzturkGunertem@mofo.com Joseph R. Palmore     jpalmore@mofo.com Marissa Piropato     marissa.piropato@usdoj.gov Mark R. Kaster     kaster.mark@dorsey.com, jaworski.alice@dorsey.com, niemczycki.sarah@dorsey.com Michael John Patrick Hazel     michael.hazel@wilmerhale.com Paul R.Q. Wolfson     paul.wolfson@wilmerhale.com Sean Christian Duffy     sean.c.duffy@usdoj.gov Stephen J Snyder     stephen.snyder@snyderattorneys.com, craig.brandt@snyderattorneys.c om, deborah.norvold@snyderattorneys.com, sherri.milless@snyderattorneys.com Steven J Wells     wells.steve@dorsey.com, blaylark.rosalie@dorsey.com, kappelman.ben@dorsey.com, shaw.gail@dorsey.com Thomas Backer Heffelfinger     theffelfinger@bestlaw.com 0:16-cv-03042-SRN-LIB Notice has been delivered by other means to:   From: To: Cc: Subject: Date: Hawbecker, Karen Jorjani, Daniel Jack Haugrud Re: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) Friday, January 5, 2018 6:19:40 PM You too, Dan.  --Karen  On Fri, Jan 5, 2018 at 6:14 PM, Jorjani, Daniel wrote: Thank you. Have a great weekend.     On Fri, Jan 5, 2018 at 6:11 PM, Hawbecker, Karen wrote: Dan and Jack, FYI--the magistrate judge has canceled the January 17 pre-trial conference in the Twin Metals case in light of the plaintiffs' voluntary dismissal of the case. --Karen  ---------- Forwarded message ---------From: Duffy, Sean C. (ENRD) Date: Fri, Jan 5, 2018 at 12:09 PM Subject: FW: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only) To: "Hawbecker, Karen" , "Vukelich, Vincent - OGC" , "HENDERSON, PAMELA P. - OGC" , "Vandlik, John - OGC" , "Mulach, Ronald - OGC" , "Dewitte, Vincent - OGC" , "Franklin, Jessica - OGC" , "Collier, Briana" , "McNeer, Richard" , Joshua Hanson , Roy Fuller , Ryan Sklar Cc: "Piropato, Marissa (ENRD)" , "Boronow, Clare (ENRD)" , "Fuller, David (USAMN)" All – just an f/y/i.  In light of plaintiffs’ voluntary dismissal of the case, the magistrate judge has canceled the January 17 pre-trial conference in Duluth.   From: ecf-notice@mnd.uscourts.gov [mailto:ecf-notice@mnd.uscourts.gov] Sent: Friday, January 05, 2018 11:54 AM To: mndecfnotifications@mnd.uscourts.gov Subject: Activity in Case 0:16-cv-03042-SRN-LIB Franconia Minerals (US) LLC et al v. United States of America et al Order (Text Only)   This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court U.S. District of Minnesota Notice of Electronic Filing The following transaction was entered on 1/5/2018 at 10:54 AM CST and filed on 1/5/2018 Case Name: Franconia Minerals (US) LLC et al v. United States of America et al Case Number: 0:16-cv-03042-SRN-LIB Filer: Document Number: 131(No document attached) Docket Text: TEXT ONLY ORDER - canceling Pretrial Conference. Pursuant to Docket No. 130, the Pretrial Conference scheduled for Wednesday, January 17, 2018, is hereby CANCELED. Signed by Magistrate Judge Leo I. Brisbois on January 5, 2018. (VLM) 0:16-cv-03042-SRN-LIB Notice has been electronically mailed to: Albinas Jehan Prizgintas     albinas.prizgintas@wilmerhale.com Amy Slusser Conners     aconners@bestlaw.com, rricke@bestlaw.com Clare Boronow     clare.boronow@usdoj.gov, efile_nrs.enrd@usdoj.gov Daniel S. Volchok     daniel.volchok@wilmerhale.com David W Fuller     david.fuller@usdoj.gov, carla.kohl@usdoj.gov, catherine.merle@usdoj.gov, deb.kapinos@usdoj.gov, muriel.holland@usdoj.gov, usamn.ecfcivil@usdoj.gov I Daniel Colton     colton.dan@dorsey.com, chryst.vicki@dorsey.com James Andrew Tucker     jtucker@mofo.com, cwoods@mofo.com Joseph Alex Ward     alexward@mofo.com, emarsh@mofo.com, SOzturkGunertem@mofo.com Joseph R. Palmore     jpalmore@mofo.com Marissa Piropato     marissa.piropato@usdoj.gov Mark R. Kaster     kaster.mark@dorsey.com, jaworski.alice@dorsey.com, niemczycki.sarah@dorsey.com Michael John Patrick Hazel     michael.hazel@wilmerhale.com Paul R.Q. Wolfson     paul.wolfson@wilmerhale.com Sean Christian Duffy     sean.c.duffy@usdoj.gov Stephen J Snyder     stephen.snyder@snyderattorneys.com, craig.brandt@snyderattorneys.com, deborah.norvold@snyderattorneys.com, sherri.milless@snyderattorneys.com Steven J Wells     wells.steve@dorsey.com, blaylark.rosalie@dorsey.com, kappelman.ben@dorsey.com, shaw.gail@dorsey.com Thomas Backer Heffelfinger     theffelfinger@bestlaw.com 0:16-cv-03042-SRN-LIB Notice has been delivered by other means to:   From: To: Cc: Subject: Date: Attachments: Hawbecker, Karen Jack Haugrud Briana Collier; Richard McNeer Draft Letter to Twin Metals re: Twin Metals M-Opinion Tuesday, January 23, 2018 1:38:21 PM 2018.01.23 Draft BLM Twin Metals Decision (2) (1).docx Jack, This is the draft letter to Twin Metals from BLM.  Please let us know if you have any edits or comments before we send it back to BLM.  Also, please let us know your thoughts about (b) (5) Thanks. --Karen .  cunts-Iv o! In" Mu ca United States Department of the Interior BUREAU OF LAND MANAGEMENT Eastern States 20 Street SE. Smite 950 Washington DC. 30003 http: "\nnxdesblm . gov In Reply Refer To: 3500 (930) MNES 01352. MNES 01353 CERTIFIED MAIL RETURN RECEIPT REQUESTED DECISION Mr. Ian Duckwonh Leasing of Solid Minerals: Chief Operating Of?cer MNES 01352. MNES 01353 Twin Metals Minnesota 2 380 St. Peter Street. Suite 705 St. Paul. MN 55102 Not for Public Release Pre-Deeisional Document Sincerely, Mitchell Leverette Acting State Director Eastern States Enclosure: Solicitor Opinion M-3 7049 (December 22. 2017) "Reversal of M-37036. . cc: BLM Northeastern States District Of?ce Regional Forester. USFS Region 9 Forest Supervisor. Superior National Forest From: Haugrud, Kevin To: Hawbecker Karen Cc: Briana Collier' Richard McNeer Subject: Re: Draft Letter to Twin Metals re: Twin Metals M-Opinion Date: Wednesday, January 24, 2018 10:26:37 AM Attachments: 2018.01.23 Draft BLM Twin Metals Decision KJH.docx Attached are 1n su ested edits and comments. As stated in In ?nal comment balloon, On Tue, Jan 23, 2018 at 1:37 PM, Hawbeckel', Karen wrote: Jack, This is the draft letter to Twin Metals from BLM. Please let us know if you have any edits or comments before we send it back to BLM. Also, please let us know your thoughts about cunts-Iv o! In" Mu ca United States Department of the Interior BUREAU OF LAND MANAGEMENT Eastern States 20 Street SE. Smite 950 Washington DC. 30003 http: "\nnxdesblm . gov In Reply Refer To: 3500 (930) MNES 01352. MNES 01353 CERTIFIED MAIL RETURN RECEIPT REQUESTED DECISION Mr. Ian Duckwonh Leasing of Solid Minerals: Chief Operating Of?cer MNES 01352. MNES 01353 Twin Metals Minnesota 2 380 St. Peter Street. Suite 705 St. Paul. MN 55102 Not for Public Release Pre-Deeisional Document Commented Formatted: Normal, Space After: 10 pt Sincerely. Mitchell Leverette Acting State Director Eastem States Commented Enclosure: Solicitor Opinion M-3 7049 (December 22. 2017) "Reversal of M-37036. . cc: BLM Northeastern States District Of?ce Regional Forester. USFS Region 9 Forest Supervisor. Superior National Forest From: Hawbec kerl Karen To: Haugrud, Kevin Cc: Briana Collier' Richard McNeer Subject: Re: Draft Letter to Twin Metals re: Twin Metals M?Opinion Date: Monday, January 29, 2018 3:00:57 PM Attachments: 2018.01.29 Draft BLM Twin Metals Decision.docx I am sending this attached draft letter to BLM Eastern States today. I added two small edits, so the following two sentences from the letter read as follows: and On Wed, Jan 24. 2018 at 3:24 PM, Hawbecker. Karen wrote: Thanks, Jack. in the letter. I had not yet had the bene?t of seeing that language ore our meetingt IS momlng. ?Karen 011 Wed. Jan 24. 2018 at 12:35 PM. Haugnld. Kevin <'ack.hauqmd (isol.doi.qov> wrote: Karen: As we discussed I think 011 Wed. Jan 24. 2018 at 10:26 AM, Haugnld, Kevin wrote: Attached are in suggested edits and cormnents. As stated in 111 ?nal comment balloon, 011 Tue: Jan 23. 2018 at 1:37 PM, Hawbecker. Karen wrote: Jack, This is the draft letter to Twin Metals from BLM. Please let us know if you have any edits or comments before we send it back to BLM. Also, please let us know your thoughts about an S. -- aren United States Department of the Interior BUREAU OF LAND MANAGEMENT Eastern States 20 M Street SE, Suite 950 Washington D.C. 20003 http://www.es.blm.gov In Reply Refer To: 3500 (930) P MNES 01352, MNES 01353 CERTIFIED MAIL – RETURN RECEIPT REQUESTED DECISION Mr. Ian Duckworth Chief Operating Officer Twin Metals Minnesota 380 St. Peter Street, Suite 705 St. Paul, MN 55102 : : : : : Leasing of Solid Minerals: MNES 01352, MNES 01353 (b) (5) Not for Public Release ~ Pre-Decisional Document Sincerely, Mitchell Leverette Acting State Director Eastern States (b) (5) Enclosure: Solicitor Opinion M-37049 (December 22, 2017) “Reversal of M-37036…” cc: BLM Northeastern States District Office Regional Forester, USFS Region 9 Forest Supervisor, Superior National Forest From: Hawbec ker Karen To: Jack Haugrud Cc: Richard McNeer; Briana Collier Subject: Fwd: TMM news release for review/approval Date: 1hursday, February 22, 2018 5:56:25 PM Attachments: 2018.02.22 TMM-2018.Decision press-rls 2018.02.21.emf edits edits (1).docx Jack. BLM Eastem States Of?ce sent us a draft press release about BLM's upcoming decision to reinstate the prior Twin Metals leases. While we've reviewed it as shovm in the attachment. we don't know yet On Wed, Feb 21, 2018 at 6:34 PM, Collier. Briana wrote: Hi Karen. Mitch Leverette sent over this draft ress release for the Twin Metals decision. rev1ewe an 1te 1e secon . you ease take a look at it and let me know yom' thoughts? Mitch said he was working with Winston and, given the last go-aromld, I left a voicemail askin et you 0w lat I ear Thanks veiy much. 505 1V1arquette Ave. NW Ste. 1800 Albuquerque. NM 87 102 F01wa1?ded message From: Leverette, Mitchell Date: Wed, Feb 21.2018 at 3:52 PM Subject: Fwd: TMM news release for review/approval To: "Collier, Briana" Cc: Beverly Winston , "Fuhs, Gregory" , Dean Gettinger Hi Briana, Per our conversation, attached is the draft news release for the reinstatement of the TMM leases.  As discussed, we would like to (b) (5) Thanks, Mitch From: To: Cc: Subject: Date: Attachments: Hawbecker, Karen Daniel Jorjani Jack Haugrud; Richard McNeer Twin Metals letter to Forest Service and draft BLM decision document Thursday, February 22, 2018 6:03:13 PM 2018.02.16 BLM0013635 outgoing to Forest Service re. Twin Metals.pdf DecisionLetter.MNES.1352.1353.Rescinding.prior.decision.8Feb2018.docx Dan, At our weekly meeting yesterday, you asked for a copy of the letter to the Forest Service about the Twin Metals Solicitor's Opinion, as well as a copy of BLM's draft decision document that will notify Twin Metals that its prior two leases and lease renewal application have been reinstated.  I've attached both documents for your reference.  --Karen  United States Department of the Interior BUREAU OF LAND MANAGEMENT Washington, DC. 20240 Mr. Tony Tooke Chief, US. Forest Service Department of Agriculture FEB 1 6 20.18 201 14th Street, NW Washington, DC 20250 Dear Mr. Tooke: In 2012, Twin Metals Minnesota (TMM) applied to renew its two existing mineral leases (MN ES 01352 and MNES 01353) in northeastern Minnesota. The US. Forest Service is the surface management agency for the lands where these two leases are located, and the Bureau of Land Management (BLM) has jurisdiction over the subsurface mineral estate. The BLM previously issued renewals of the leases in 1989 and 2004 a?er consulting with the Forest Service. In processing the pending application for renewal, the BLM identi?ed the need for a legal opinion to determine whether TMM has a non-discretionary right to renew the two leases. On March 8, 2016, the Department of the Interior?s former Solicitor issued a legal opinion (M- 37036) which concluded that TMM did not have a non-discretionary right to renewal of the leases; rather, the government retained discretion to grant or deny the renewal application. Alter the issuance of M-3 703 6, the BLM requested the Forest Service?s decision on whether to consent to the renewal of the leases for a third time. By letter dated December 14, 2016, the Chief of the Forest Service issued a non-consent determination. Given the lack of consent, the BLM rejected third renewal application in a letter dated December 15, 2016. TMM ?led suit in the US. District Court for the District of Minnesota. The company also requested that the Department review and reconsider the legal conclusion of M-37036. The Office of the Solicitor has since reviewed M-3 7036 and has concluded that the opinion?s analysis was incorrect. On December 22, 2017, the Acting Solicitor issued a new opinion entitled, ?Reversal of M-37036, ?Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MN (M-37049), which reverses and replaces M-37036. The revised M-Opinion concludes that the original 1966 leases gave the lessee a non-discretionary right to a third renewal of the leases, subject to reasonable changes to the terms and conditions of the leases at renewal. In light of M-37049, we are writing to notify you that the BLM will be issuing a decision that rescinds its December 15, 2016, decision rejecting the lease renewal application, thereby reinstating renewal application as it was before the decision was issued and also reinstating the two leases that were issued in 2004. Once BLM issues that decision, the reinstated leases will remain in effect as written in 2004, until such time as the BLM approves the application for a third lease renewal, subject to appropriate, updated terms and conditions. Because the prior request for the Forest Service to consent was based on the legal error that the United States had discretion whether to renew the leases, we will no longer treat the Forest Service?s December 2016 non-consent determination as a valid determination. Consistent with the process followed for the ?rst and second lease renewals in 1989 and 2004, the BLM would like to consult with the Forest Service and requests any appropriate surface protection stipulations to be incorporated into the terms of the third lease renewal, subject to environmental review in accordance with the National Environmental Policy Act. We appreciate your continued partnership in this process and in managing the public lands in northern Minnesota. If you need additional information, please contact me at (202) 208-3 801. Sincerely, yaw Joseph R. Balash Assistant Secretary Land and Minerals Management Enclosure cc: Ms. Kathleen Atkinson, Regional Forester, Eastern Region, US. Forest Service Ms. Connie Cummins, Forest Supervisor, Superior National Forest United States Department of the Interior BUREAU OF LAND MANAGEMENT Eastern States 20 M Street SE, Suite 950 Washington D.C. 20003 http://www.es.blm.gov In Reply Refer To: 3566 (930) P MNES 01352, MNES 01353 CERTIFIED MAIL – RETURN RECEIPT REQUESTED DECISION Mr. Kevin Baker Vice President, Legal Affairs Twin Metals Minnesota, LLC 380 St. Peter Street, Suite 705 St. Paul, MN 55102 (b) (5) : : : : : Leasing of Solid Minerals: MNES 01352, MNES 01353 Sincerely, Mitchell Leverette Acting State Director Eastern States (b) (5) Enclosure: Solicitor Opinion M-37049 (December 22, 2017) “Reversal of M-37036…” cc: BLM Northeastern States District Office Regional Forester, USFS Region 9 Forest Supervisor, Superior National Forest From: To: Subject: Date: Attachments: McNeer, Richard Hawbecker, Karen; Jack Haugrud Fwd: Twin Metals Decision Letter Wednesday, March 7, 2018 11:31:44 AM DecisionLetter.MNES.1352.1353.Rescinding.prior.decision.8Feb2018 (7).docx Karen and Jack: As requested, here is the letter to Twin Metals pending in the ASLM office.  It is to be signed by Mitch and concurred in as a final agency decision by the ASLM. Richard ---------- Forwarded message ---------From: Collier, Briana Date: Wed, Mar 7, 2018 at 11:27 AM Subject: Twin Metals Decision Letter To: Richard McNeer Hi Richard, Here is the version of the Twin Metals decision letter currently with ASLM in DTS (BLM 13702).  Thank you. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 *New Phone: (505) 248-5604  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. United States Department of the Interior BUREAU OF LAND MANAGEMENT Eastern States 20 M Street SE, Suite 950 Washington D.C. 20003 http://www.es.blm.gov In Reply Refer To: 3566 (930) P MNES 01352, MNES 01353 CERTIFIED MAIL – RETURN RECEIPT REQUESTED DECISION Mr. Kevin Baker Vice President, Legal Affairs Twin Metals Minnesota, LLC 380 St. Peter Street, Suite 705 St. Paul, MN 55102 (b) (5) : : : : : Leasing of Solid Minerals: MNES 01352, MNES 01353 Sincerely, Mitchell Leverette Acting State Director Eastern States (b) (5) Enclosure: Solicitor Opinion M-37049 (December 22, 2017) “Reversal of M-37036…” cc: BLM Northeastern States District Office Regional Forester, USFS Region 9 Forest Supervisor, Superior National Forest From: To: Subject: Date: Caminiti, Mariagrazia Jack Haugrud Fwd: Collecting responsive documents to recent Twin Metals FOIA requests (SOL-2018-00087, 89, and 94) Friday, March 9, 2018 5:45:04 PM I'll start the search for your records on Monday. mg ---------- Forwarded message ---------From: Collier, Briana Date: Fri, Mar 9, 2018 at 4:42 PM Subject: Re: Collecting responsive documents to recent Twin Metals FOIA requests (SOL2018-00087, 89, and 94) To: Gary Lawkowski , "Caminiti, Mariagrazia" , Karen Hawbecker , Richard McNeer Cc: Ryan Sklar Hi all, Here is an update on collecting documents for these Twin Metals FOIAs: Marigrace pointed out that because Gary and Josh Campbell are now with the OS, they will not be able to access their SOL files to collect documents and we will need to use ERDMS to collect those records.  I will contact Jack Plater-Zyberk in DAD to see if he can run an ERDMS search for us on their hard drives. Ryan Sklar put together the following search strings to guide the folks in DLR in collecting their documents.  I think they should work for those of us who can access our files (me, Richard, Karen, and Jack Haugrud/Marigrace - until Thursday!!), and DAD can de-duplicate them for us after we have collected everything. in:anywhere after:2017/01/20 before:2018/01/20 ((revise OR revision OR reverse OR reversal OR rescind OR rescission OR review) AND (37036 OR M-Op OR "Twin Metals")) OR (37049) [this one can be labeled [initials]SOL-2018-87/89] in:anywhere after:2016/11/01 ((revise OR revision OR reverse OR reversal OR rescind OR rescission OR review) AND (37036 OR M-Op OR "Twin Metals")) OR (37049)" [this one can be labeled [initials]SOL-2018-94] If this works for folks, could you (Karen, Richard, and Marigrace for Jack) please run the searches and use the DMU tool to export your responsive documents to the Google drive, then send me a link to the Google drive folder?  Here are instructions for using the DMU tool.   Thanks everyone!  Please let me know of questions or concerns. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 *New Phone: (505) 248-5604  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. On Thu, Mar 8, 2018 at 4:10 PM, Collier, Briana wrote: Fwd-ing to Gary's new email address. Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 *New Phone: (505) 248-5604  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. ---------- Forwarded message ---------From: Collier, Briana Date: Thu, Mar 8, 2018 at 4:08 PM Subject: Collecting responsive documents to recent Twin Metals FOIA requests (SOL-201800087, 89, and 94) To: Karen Hawbecker , Richard McNeer , Gary Lawkowski Cc: "Caminiti, Mariagrazia" Hi all,   SOL received three FOIA requests in mid-to-late January requesting documents related to the issuance of M-37049, “Reversal of M-37036, Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-01353)." Each of the three requests differ slightly in the types of documents sought, time span, and specific document custodians targeted.   The SOL FOIA office has asked me to take the lead in rounding up our team's responsive documents and collecting them in Google drive folders.  Could we have a call to discuss search terms and stacking custodian searches to avoid needlessly producing duplicates?  Would Thursday 3/22nd at 3pm ET work for folks?  Thanks very much, Briana  Briana Collier Attorney-Adviser, Division of Mineral Resources U.S. Department of the Interior, Office of the Solicitor 505 Marquette Ave., NW Ste.1800 Albuquerque, NM 87102 *New Phone: (505) 248-5604  This email (including any attachments) is intended for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, or otherwise protected by applicable law. If you are not the intended recipient or the employee or agent responsible for delivery of this email to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or use of this email or its contents is strictly prohibited. If you received this email in error, please notify the sender immediately and destroy all copies. -- Marigrace Caminiti   Executive Assistant to the Solicitor US Department of the Interior 1849 C Street, NW, Rm. 6352 Washington, DC 20240 202-208-4423 - main number 202-208-3111 - direct 202-208-5584 - fax 202-528-0486 or 202-359-2949 -cell/wcell ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^   NOTICE: This electronic mail message (including any attachments) is intended for the use of the individual or entity to which it is addressed.  It may contain information that is privileged, confidential, or otherwise protected by applicable law.  If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying or use of this message or its contents is strictly prohibited.  If you receive this Message in error, please notify the sender immediately and destroy all copies.