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Howdy, Folks

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I’m just going to drop this here. A side by side comparison of the land that some serial litigators insist is clear evidence of Forest Service salvage clearcutting in the Rim Fire. The caption reads, “Post-fire clearcutting on the Stanislaus National Forest in the Rim fire area, eliminated the wildlife-rich snag habitat and left only stump fields.” Where is the “wildlife-rich snag habitat” in that burned-over plantation on private land? The picture on the right is before logging started, from Google Maps.

Yes, the story is still up on their website, in all its slanderous glory.

Have a nice day!

Spi-comparison

Career Ladders for Temps?!?! Maybe Soon!

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More interesting news for “disposable” employees!

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NFFE-Backed Temporary Employment Reform Legislation Approved by Senate Committee

There may come a time when temporary employees actually have a career ladder!

“Thousands of wildland firefighters and other dedicated seasonal workers have been stuck for too long in dead-end jobs, not because of a lack of merit on their parts, but because of flawed regulations that do not recognize their years of service,” said Mark Davis, Vice President of the National Federation of Federal Employees (NFFE) and past President of the NFFE Forest Service Council.  “Many others leave and take their years of experience with them because of blocked career paths. After years of work, I’m optimistic that we are about to fix that.”

Of course, this is most directed towards firefighters, as so many timber temps have been jettisoned or have found “other employment”. Most temps would say that there is plenty of work to do, outside of their 1039 appointments but, that issue is not being addressed. The higher-ups choose to continue to embrace the 1039 appointments, thinking that policy is “good enough for Government work”. There really is nothing stopping the Forest Service from changing their policies on 1039 appointments. Truthfully, I’d like to see the temporary appointments scaled back to 800 hours, essentially forcing the Forest Service and other Agencies to hire more 13/13 permanent positions. Yep, make it too costly and “inconvenient” for them to continue using temps to do work that is needed, each and every year. It’s up to OPM to impose more rules, to stop the abuse of the temporary hiring authority.

Blue Mountains revision restart – FS stumbles out of the gate

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The three forest supervisors for the national forests in the Blue Mountains published a guest column with an invitation to meet with any and all interested parties as part of a “re-engagement strategy for the communities in the Blue Mountains.”  Unfortunately they also chose to make an off-script policy statement:

We want Forest Plans that provide resiliency for our communities in Eastern Oregon and Washington; Plans that support the local economy and the social values of the people who use and depend on them. We also want resiliency in ecosystems that can withstand: drought, floods, wildfire, invasive species, human impacts and have the strength to return to healthy ecosystems in the long run.

These plans are being developed under the 1982 planning regulations, but that does not excuse them from the agency policy on “resilience” (which I’m fairly sure is not found in the 1982 regulations).  In the 2012 Planning Rule, the term resilient/resilience is used only in the definitions of “restoration” and “viable population,” and the concept of “resilient ecosystems” (or “healthy ecosystems”) was replaced by “ecological integrity.”

Most importantly, the Planning Rule never uses the term “resiliency” in connection with social or economic factors.  It recognizes that forest plans can NOT “provide resiliency” for communities, and that this should not be used as a justification to support any particular local business or values.  Under the 2012 Rule, forest plans must “guide the plan area’s contribution to social and economic sustainability.”  And this is not limited to local interests, but instead explicitly extends to “the area influenced by the plan” and regional and national economies.

When you start by over-promising, there is a good chance you’re going to under-deliver (again).

Service Contract Re-visited

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In my last adventure, I decided to pass through an area of the Tahoe National Forest, where I worked in 1996 and 1997. During that time, I worked on fire salvage, blowdown salvage, insect salvage and roadside hazard tree projects. There was also this Service Contract, which reduced fuels without cutting trees over 9.9″ dbh. The logger had three varied types of cutting machines, each of them with their strengths and limitations. He was a crusty old guy, who didn’t like the Federal “oversight” of his work.

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I usually liked to change these loggers’ perception of what inspectors do. He wasn’t used to getting “written up” for doing good work but, he was still quite wary of me. I once caught him damaging the bark of a leave tree with his machine, then getting off it, and applying some dirt to the wound (to hide it). As he was getting back to his seat, he saw me. I gave him the “naughty, naughty” hand signal, and walked over there. I waited to see how he would react to getting caught. Surprisingly, he kind of hung his head, and was quiet, for once. So, I told him that there is an acceptable level of “damage” in this kind of work and he wasn’t anywhere near close to it, yet. I think our relationship changed, a little, after that agreement.

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One of the keys to success was the ability to do a cool prescribed burn. All too often, fuels are still too thick and the burn is a bit hotter than the residual trees can stand. In this case, the firefighters did well in achieving a nice, cool and effective burn. On the west-facing slopes, the brush has grown back, somewhat. That is to be expected, and will continue, until it is shaded out.

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As far as resilience to fire and drought, it is pretty clear that the spacing is very good. The brush looks like it can be burned safely, on a regular basis. The pines also seem to be quite healthy and vigorous. Keep in mind, this area along Highway 89, in the eastside pine zone, is in a rainshadow east of the Sierra Nevada Crest. There are some western junipers up on the ridgetop, and the Nevada desert is 15 miles away.

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Rim Fire Update

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Apparently, enough of the hazard trees within the Rim Fire on the Stanislaus NF have been cut so that the travel ban has finally been lifted, after more than a year. I heard one report that says that the litigation has failed at the District Court level, losing their pleas to stop the logging three times. The article below includes the Appeals Court but, I doubt that an appeal has been seen in court yet. It seems too soon after the District Court decision for the appeal to be decided.

http://www.calforests.org/rim-fire-update-final-motion-halt-restoration-forestry-rim-fire-denied/

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Since the Rim Fire tore through the area and devoured over 250, 000 square miles of National, State and private forested land, the community has come together to put together a solution with positive environmental, economical and social sense. The whole effort to restore forests has been very successful due to cooperation of a diverse group of individuals, organizations and government agencies.

(Edit: Thanks to Matt for pointing out the acres/square miles error. That should be 250,000 acres.)

With a monster storm approaching California, we should be seeing some catastrophic erosion coming from the Rim and King Fire areas. Of course, very little can be done to prevent erosion on the steep slopes of the canyons with high burn intensity. Standing snags tend to channel water, while branches and twigs on the ground can hold back a surprising amount of soil. This flood event would have been great to document through repeat photography but, it appears that opportunity will be lost, too.

Bark beetle activity has also spiked where I live, northwest of the Rim Fire.

UC Berkeley Gets it Right, and Gets it Wrong

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A Cal-Berkeley fire scientist shows his unawareness of current Forest Service policy but, his other ideas favor active management of our Sierra Nevada National Forests.

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The situation is compounded by the gridlock between environmentalists and commercial foresters. The former favor thinning, but they want all logging plans to leave the larger trees, particularly those with trunks over 30 inches in diameter. But the timber companies maintain it is necessary to take a significant number of bigger trees to fund thinning and restoration programs.

Stephens generally favors the enviro position. Landscape-scale wildfire damage is driven by vast acreages of small-diameter, closely-packed trees, he says. By leaving the larger trees, the essential character of a natural forest can be maintained, even accelerated. And he thinks markets can be found for products produced from thinned, scrawny trees.

http://alumni.berkeley.edu/california-magazine/just-in/2014-09-26/brush-flame-king-fire-narrowly-misses-proving-fire-prevention

Of course, there has been a ban on the cutting of trees larger than 30″ dbh, since 1993. Ditto for clearcutting! These are two big hot-button issues for most “conservationists” but, there are still people out there who want timber sales banned, altogether. There are others who would love to go back to the Clinton rules of the Sierra Nevada Framework, which would shutdown much of Region 5’s timber management programs. A 22″ dbh tree, underneath a 36″ dbh tree cannot be considered “scrawny”.  Generally, most of the thinned trees are in the 10-18″ dbh size, averaging about 15″ dbh.

No TRO for the Rim Fire Salvage!

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As I predicted, there will be no TRO for the Rim Fire, from District Court. Once the sales are sold, restoration work can begin. Let’s hope that SPI has an army of fallers, ready and waiting. I also hope that they will leave the plantation salvage for last. *smirk*

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Sonora, CA –A Federal Judge in Fresno has denied a temporary restraining order regarding the lawsuit filed against the Rim Fire Recovery Record of Decision.

Forest Service Spokesperson Wyn Hornbuckle says, “We are pleased with the court’s decision.” He would not comment further.

As reported earlier this month, three environmental groups including the Center for Biological Diversity were seeking an injunction to halt logging within the 37 occupied California spotted owl territories within the burned area. The Chair of the Yosemite Stanislaus Solutions (YSS) group and President of Sierra Resource Management, Mike Albrecht, worked with local environmental groups and the Forest Service to hammer out a compromise on the Rim Fire Record of Decision. He applauds the Judge’s decision.

http://www.mymotherlode.com/news/local/223061/logging-injunction-denied.html

Natural amenities, “the creative class” and economic success

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This map got my attention because of the disproportionate amount of “green” in the rural intermountain west.  In this case it means counties have a disproportionately high number of employees in jobs like management, finance, technology, engineering, science, sales, entertainment and non-primary education (and of course lawyering).

“The creative-class thesis holds that communities that attract and retain more workers who are in creative occupations will fare better in today’s economy.” 

From the background paper linked to this article:

“Richard Florida’s Rise of the Creative Class makes a compelling argument that urban development now depends on novel combinations of knowledge and ideas, that certain occupations specialize in this task, that people in these occupations are drawn to areas providing a high quality of life, and that the essential development strategy is to create an environment that attracts and retains these workers. While developed with urban areas in mind, this thesis may be particularly relevant in rural areas, which lose much of their young talent as high school graduates leave for college, the armed forces, or “city lights.”  Our analysis of recent development in rural U.S. counties, which focuses on natural amenities (for which ERS has also computed county-level scores) as quality-of-life indicators, supports the creative class thesis.”

So, perceived natural amenities attract creative workers who improve local economies.  With a caveat that “growth and success among creative-class workers doesn’t necessarily extend economic benefits to other parts of the economy, such as blue-collar and service workers, at least in metro areas.”  (All wages go up, but housing costs go up more.)

So maybe all this is saying is to get the right kind of education so you can do well and live in a nice place, but it might also paint a promising picture for these rural “green” counties.

 

Largest “Dealbreaker” Ever?!?

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This may shock some readers but, I am actually against HR 3188. I don’t support any logging in Yosemite National Park, or in the Emigrant Wilderness, other than hazard tree projects. What is also pretty amazing is that others in the House have signed on to this bill. It seems like political “suicide” to go on record, being in favor of this bill. However, I am in favor of exempting regular Forest Service lands, within the Rim Fire, from legal actions, as long as they display “due diligence” in addressing endangered species, and other environmental issues. Did McClintock not think that expedited Yosemite National Park logging would be, maybe, the largest “dealbreaker” in history?

Here is McClintock’s presentation:

 HR 3188 – Timber Fire Salvage

October 3, 2013
Mr. Chairman:
I want to thank you for holding this hearing today and for the speedy consideration of HR 3188.
It is estimated that up to one billion board feet of fire-killed timber can still be salvaged out of the forests devastated by the Yosemite Rim fire, but it requires immediate action.  As time passes, the value of this dead timber declines until after a year or so it becomes unsalvageable.
The Reading Fire in Lassen occurred more than one year ago.  The Forest Service has just gotten around to selling salvage rights last month.  In the year the Forest Service has taken to plow through endless environmental reviews, all of the trees under 18” in diameter – which is most of them – have become worthless.
After a year’s delay for bureaucratic paperwork, extreme environmental groups will often file suits to run out the clock, and the 9th Circuit Court of appeals has become infamous for blocking salvage operations.
We have no time to waste in the aftermath of the Yosemite Rim Fire, which destroyed more than 400 square miles of forest in the Stanislaus National Forest and the Yosemite National Park — the largest fire ever recorded in the Sierra Nevada Mountains.
The situation is particularly urgent because of the early infestation of bark beetles which have already been observed attacking the dead trees.  As they do so, the commercial value of those trees drops by half.
Four hundred miles of roads are now in jeopardy.  If nearby trees are not removed before winter, we can expect dead trees to begin toppling, risking lives and closing access.  Although the Forest Service has expedited a salvage sale on road and utility rights of way as part of the immediate emergency measures, current law otherwise only allows a categorical exemption for just 250 acres – enough to protect just 10 miles of road.
By the time the normal environmental review of salvage operations has been completed in a year, what was once forest land will have already begun converting to brush land, and by the following year reforestation will become infinitely more difficult and expensive – especially if access has been lost due to impassibility of roads.  By that time, only trees over 30 inches in diameter will be salvageable.
Within two years, five to eight feet of brush will have built up and the big trees will begin toppling on this tinder.  You could not possibly build a more perfect fire than that.
If we want to stop the conversion of this forestland to brush land, the dead timber has to come out.  If we take it out now, we can actually sell salvage rights, providing revenue to the treasury that could then be used for reforestation.  If we go through the normal environmental reviews and litigation, the timber will be worthless, and instead of someone paying US to remove the timber, WE will have to pay someone else to do so.  The price tag for that will be breathtaking.   We will then have to remove the accumulated brush to give seedlings a chance to survive – another very expensive proposition.
This legislation simply waives the environmental review process for salvage operations on land where the environment has already been incinerated, and allows the government to be paid for the removal of already dead timber, rather than having the government pay someone else.
There is a radical body of opinion that says, just leave it alone and the forest will grow back.
Indeed, it will, but not in our lifetimes.  Nature gives brush first claim to the land – and it will be decades before the forest is able to fight its way back to reclaim that land.
This measure has bi-partisan precedent.  It is the same approach as offered by Democratic Senator Tom Daschle a few years ago to allow salvage of beetle-killed timber in the Black Hills National Forest.
Finally, salvaging this timber would also throw an economic lifeline to communities already devastated by this fire as local mills can be brought to full employment for the first time in many years.
Time is not our friend.  We can act now and restore the forest, or we can dawdle until restoration will become cost prohibitive.

Supreme Court Affirms Programmatic EIS for Sierra Nevada Framework

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Jun 20: In the U.S. Court of Appeals, Ninth Circuit, Case No. 08-17565.Appeal from the United States District Court for the Eastern District of California. The Appeals Court indicates that, “This court’s opinion filed on February 3, 2012, and reported at 668 F.3d 609 (9th Cir. 2012), is withdrawn, and is replaced by the attached Opinion and Dissent. . . The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote onwhether to rehear the matter en banc. . . The petition for rehearing and the petition for rehearing en banc, filed on April 18, 2012, are denied.”

According to the Appeals Court, Plaintiff-Appellant Pacific Rivers Council (Pacific Rivers) brought suit in Federal district court challenging the 2004 Framework for the Sierra Nevada Mountains (the Sierras) as inconsistent with the National Environmental Protection Act (NEPA) and the Administrative Procedure Act (APA). The Appeals Court said, “The gravamen of Pacific Rivers’ complaint is that the 2004 EIS does not sufficiently analyze the environmental consequences of the 2004 Framework for fish and amphibians.” On cross-motions for summary judgment, the district court granted summary judgment to the Forest Service.

The Appeals Court rules, “Pacific Rivers timely appealed the grant of summary judgment. For the reasons that follow, we conclude that the Forest Service’s analysis of fish in the 2004 EIS does not comply with NEPA. However, we conclude that the Forest Service’s analysis of amphibians does comply with NEPA. We therefore reverse in part, affirm in part, and remand to the district court.”
In a lengthy dissenting opinion, one Justice concludes, “. . .the majority makes two fundamental errors: First, it reinvents the arbitrary and capricious standard of review, transforming it from an appropriately deferential standard to one freely allowing courts to substitute their judgments for that of the agency. . . Second, the majority ignores the tiering framework created by NEPA. Because the majority ignores such framework, it fails to differentiate between a site-specific environmental impact statement (EIS) and a programmatic EIS that focuses on high-level policy decisions. . .”
It appears that an impossibly comprehensive study of the entire Sierra Nevada “watershed” will not be required for the amended Sierra Nevada Framework plan. If the Forest Service loses this case, it would have to limit the harvest of trees within thinning projects to 12″ dbh in some areas, and to 20″ dbh in the rest of the Sierra Nevada. This decision means that the Forest Service has followed NEPA law since the amendment has been in force. If the Pacific Rivers Council had prevailed, we would be seeing a complete failure of the Forest Service’s timber management program throughout the Sierra Nevada. Sierra Pacific Industries has plenty of their own lands, stocked with plenty of trees in the 12″-20″ dbh size. There would be no need for SPI to bid on the thinning projects that would be offered by the Forest Service under the old diameter limits. The small amount of harvested trees between 20″ and 29.9″ dbh are what pays for the biomass removal needed for true restoration. When thinning projects reduce wildfire threats, and actual wildfire impacts, water quality and fish habitats are improved.