FOR PUBLICATION                            FILED
                  UNITED STATES COURT OF APPEALS                         NOV 17 2022
                                                                     MOLLY C. DWYER, CLERK
                                                                      U.S. COURT OF APPEALS
                         FOR THE NINTH CIRCUIT

APACHE STRONGHOLD, a 501(c)(3)                 No.    21-15295
nonprofit organization,
                                               D.C. No. 2:21-cv-00050-SPL
               Plaintiff-Appellant,            District of Arizona,
                                               Phoenix
 v.

ORDER

UNITED STATES OF AMERICA;
THOMAS J. VILSACK, Secretary, U.S.
Department of Agriculture (USDA);
RANDY MOORE, Chief, USDA Forest
Service; NEIL BOSWORTH, Supervisor,
USDA Forest Service, Tonto National
Forest; TOM TORRES, Acting Supervisor,
USDA Forest Service, Tonto National
Forest,

               Defendants-Appellees.

MURGUIA, Chief 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. The three-judge panel opinion is vacated.