FILED FOR PUBLICATION AUG 29 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ORGANIZED VILLAGE OF KAKE; No. 11-35517 THE BOAT COMPANY; ALASKA WILDERNESS RECREATION AND D.C. No. 1:09-cv-00023-JWS TOURISM ASSOCIATION; SOUTHEAST ALASKA CONSERVATION COUNCIL; ORDER NATURAL RESOURCES DEFENSE COUNCIL; TONGASS CONSERVATION SOCIETY; GREENPEACE, INC.; WRANGELL RESOURCE COUNCIL; CENTER FOR BIOLOGICAL DIVERSITY; DEFENDERS OF WILDLIFE; CASCADIA WILDLANDS; SIERRA CLUB, Plaintiffs - Appellees, v. UNITED STATES DEPARTMENT OF AGRICULTURE; UNITED STATES FOREST SERVICE; TOM VILSACK, in his official capacity as Secretary of Agriculture; HARRIS SHERMAN, in his official capacity as Under Secretary of Agriculture of Natural Resources and Environment; TOM TIDWELL, in his official capacity as Chief, USDA Forest Service, Defendants, Page 2 ALASKA FOREST ASSOCIATION, INC., Intervenor-Defendant, and STATE OF ALASKA, Intervenor-Defendant - Appellant.

THOMAS, Circuit Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judge Berzon did not participate in the deliberations or vote in this case.