Glickman

We consider what would appear to be a relatively straightforward question of statutory interpretation with fairly profound consequences. This appeal requires us to determine the relationship between two separate statutory provisions governing timber sales, Section 2001(k)(1) of the Fiscal Year 1995 Emergency Supplemental Appropriations for Disaster Relief and Rescissions Act, and Section 318 of the Department of the Interior and Related Agencies Appropriations Act. In particular, we must determine the meaning of the phrase “subject to [S]ection 818” as it appears in Section 2001(k)(l) of the 1995 Rescissions Act. It is not our role to determine the wisdom of Section 2001(k)(l), only its meaning.

This appeal consolidates two cases arising out of the same set of events but involving two distinct legal issues. 1 The first appeal requires us to define the categories of timber sales the Secretaries of Agriculture and Interior must release under Section 2001(k)(1) of the 1995 Rescissions Act. The Northwest Forest Resource Council (“NFRC”), a timber industry trade association, contends Section 2001(k)(l) mandates that the Secretaries release several years of timber sales in federal…