Place-based Bills & Agreements: Defining Characteristic #2: Landscape-Scale Restoration and Its Relationship to Rural Communities

By Martin Nie, University of Montana

(This is another post that tries to make some sense of the following place-based forest bills and agreements)

Nearly every place-based bill and initiative examined thus far focuses on the need for “landscape-scale” restoration.  From a collaboration standpoint, restoration is a common zone of agreement among several of these groups.  The scale is sometimes defined by reference to (sub)watersheds or acreage (e.g., 25,000 to 50,000 acres) for which restoration projects should be planned and implemented. 

Though the term “landscape-scale” is now fashionable, it is often used with some imprecision. (Just how, for example, does this differ from yesterday’s focus on ecosystem management?).  These cases give the term additional meaning, by occasionally making reference to other ownerships and by focusing on restoration goals that are transboundary in nature (e.g., water flow, wildlife, natural disturbances, etc.). 

The place-based bills and initiatives also adopt a more ecologically-centered definition of restoration than has sometimes been used by lawmakers and the agency in the past.  To be sure, all identify a clear need to mechanically treat some forests in order to reduce risks associated with uncharacteristic wildfire effects.  But these initiatives go beyond this limited view and focus on additional restoration needs, such as habitat improvement, water quality, management of exotics, and road decommissioning. 

Sideboards for restoration are also provided in most of these initiatives.  This most often takes the form of prohibitions on new road building and road density standards.  As discussed in an earlier post, these groups have also worked hard to identify areas in which restoration projects should be prioritized and areas that should be more or less left alone in some protected (roadless) status. 

Many of these initiatives also adopt a landscape-level view of restoration because of economics and agency budgets.  Almost all make linkages between restoration and rural economies.  They operate on the principal that  a viable wood products industry is necessary for the attainment and financing of various restoration goals.  This explains why most of them rely so heavily upon stewardship contracting authority.  Some are also premised on the economic use of restoration byproducts.  Take, for example, the interest in biomass and small wood utilization: in some cases “landscape-scale” is defined by accessibility to wood products infrastructure that is at an appropriate scale to use woody biomass. 

So What?

On a more general level, we should recognize that the term “restoration” is obviously open to multiple political interpretations.  And that is certainly one reason why it is so popular.  As a policy professor, my level of suspicion raises in proportion to the amount of agreement about something.  That skepticism is warranted in cases where the agreement centers on rather ill-defined, malleable concepts like “restoration,” “forest health,” “collaboration,” “resilience,” etc.  Like Congress, interest groups and the agency compromise and/or postpone future conflict by using vagueness—the ultimate political lubricant. 

So what I find potentially useful about all these place-based bills and agreements is how they have negotiated the term—they have moved from the abstract and malleable to the concrete and more specific.

Trigger Itch

As Sharon writes, I have raised the possibility of using “triggers and thresholds” in some sort of adaptive management framework:  Here is the statement I made at last week’s science forum:

 One possible approach to this problem [how to practice adaptive management in the modern regulatory state] is to consider using some type of pre-negotiated commitments in an adaptive management framework.  These enforceable commitments would specify what actions will be taken by the agency if monitoring information shows X or Y.  In other words, some predetermined decisions, or more general courses of action, are built into the adaptive framework from the beginning (i.e., if this, then what).  Not every possible scenario can be prefigured of course, but having some thresholds or trigger mechanisms built into an adaptive framework might alleviate concerns about the amount of discretion ostensibly needed by agencies to plan and manage adaptively.

In retrospect, perhaps it’s wise to stay away from the term “threshold” because of its scientific usage and debate.  But triggers should still be considered by the agency.  I think the approach might work best in particular management situations, especially those that have an implementation monitoring program in place. 

I don’t think the approach is that uncommon actually.  Consider, for example, a report written by Chuck Quimby of USFS on using adaptive management options within a NEPA process focused on grazing (sorry, don’t have a PDF or link).  He discusses how various adaptive management options can be worked into EIS alternatives. 

Or consider various state wolf management plans whereby states commit to so many packs, and if monitoring shows they drop below some predetermined floor, a different suite of managerial requirements kick-in (more conservative wolf management). 

And to show that such an approach can cut in multiple directions consider the “adaptive timber management strategy” as used by the Tongass NF.  That strategy basically sets various triggers regarding timber harvesting and industrial development in SE Alaska.  If particular objectives are met, then additional roadless areas are opened for more harvesting.  This approach, if I recall correctly, was basically used by the Tongass as a way to more strategically open roadless lands for harvesting—rather than offering multiple sales in multiple roadless areas.  (Of course, conservationists see this as a complete bastardization of the AM approach, but it does demonstrate how adaptive management needs a purpose—it’s a means to an end—and that end needs to be defined by using NEPA). 

The approach could also be used in some restoration plan.  The USFS chooses a plan alternative (using NEPA) that emphasizes restoration.  Within that alternative are embedded a number of adaptive management options.  So, for example, if various restoration objectives are met by some date, then the agency will offer additional stewardship contracts in the following locations. 

 And one more hypothetical:  The USFS chooses a travel management alternative that connects two existing routes for OHV use.  Embedded within that alternative is an adaptive management option:  if an area adjacent to the connected route becomes illegally used and degraded, the new connected route shall be discontinued and decommissioned. 

 Sharon is right, however, because there will be lots of debate about where these trigger points are set.  (This has been a big issue in oil and gas planning and impacts to Grouse in Wyoming).  I imagine in most cases they will simply be politically negotiated, and in others scientists will be given a larger role to play (if used in the wildlife context). 

Martin Nie

Place-based Bills & Agreements: Defining Characteristic #1: The Search for More Certainty in Forest Management

By Martin Nie, University of Montana

A defining characteristic of these initiatives is their shared goal of securing greater certainty and predictability in national forest management.  This manifests itself in numerous ways. 

First, it explains why some groups have chosen to pursue national forest-specific legislation, and in other cases, why some groups have formalized their relationships with the USFS through MOUs and decision making protocols. 

Second, most initiatives I reviewed are seeking more permanent types of land designations than that provided by forest planning processes or roadless rules that are viewed as being more tenuous.  Consider the following for example:

  • Senator Tester’s S. 1470, the Forest Jobs & Recreation Act (FJRA):  It seeks not only to designate wilderness and special management areas, but to also codify defined “stewardship areas” where timber harvesting and restoration goals are given priority.  (These stewardship areas are defined by making reference to the relevant Forest Plans and those areas designated as suitable for timber production).  Tester’s Bill also provides greater certainty regarding management of ORVs.  In some places, access is permanently restricted, and in others, long-term access is guaranteed. 

 

  • The proposed Rocky Mountain Front Heritage Act:  It would designate more than 300,000 acres as the “Rocky Mountain Front Conservation Management Area” with a set of customized purposes and restrictions.  Chief among these are restrictions placed on motorized usage, as the proposed bill would codify decisions made in the area’s travel plan. 

 

  • The Northeast Washington Forestry Coalition Blueprint:  It divides the Colville National Forest into three management zones:  responsible management areas, restoration areas, and wilderness areas. 

 

Third, these groups hope to take some intractable issues off the table with some finality.  Finding permanent protections for inventoried roadless areas is the most common example.  But in some cases, this applies to old growth as well.  Senator Wyden’s Bill (S. 2895) is most direct in this regard, as it prohibits the cutting of live trees exceeding 21 inches in diameter (with some exceptions).  Old growth is also addressed in the Colville and Fremont-Winema MOUs, as both seek to protect and restore old forests.  And in Arizona, debate over a diameter cap is front-and-center in the Four Forests Restoration Initiative. 

Fourth, several of these initiatives are seeking ways to generate a more certain and predictable flow of timber. 

  • The most controversial example is provided by Senator Tester’s FJRA.  The bill mandates that 70,000 acres on the Beaverhead-Deerlodge and 30,000 acres on the Kootenai are to be “mechanically treated” by the USFS over the next ten years. 

 

  • Senator Wyden’s Eastside Oregon Bill also seeks “to create an immediate, predictable, and increased timber flow to support locally based restoration economies.”  To kick-start this goal, Wyden’s bill requires interim mechanical treatments that produce an average of 100,000 acres a year for three years.  Wyden’s bill is different than Tester’s in that mechanical treatments are to “emphasize saw timber as a byproduct.”

 

  • The two MOUs also share the goal of creating more certainty for the timber industry, but they go about things a bit differently.  On the Colville, for example, the Coalition’s designation of a responsible management area, along with its MOU, provides a more predictable land base from which timber may be harvested.  The Lakeview Federal Sustained Yield Unit also “promote[s] the stability of forest industries, of employment, of communities, and of taxable forest wealth, through continuous supplies of timber.”  The Unit does so through its MOU with the USFS, as it commits the Fremont-Winema “to the extent permitted by and consistent with all applicable laws and land use plans, offer a minimum of 3,000 treatment acres per year” outside the Stewardship Unit, and a minimum of 3,000 acres per year within it. 

 

Securing a more predictable flow of timber is often explained by making linkages between local economies/sawmills and forest restoration goals.  Several of these initiatives define the problem similarly:  landscape-level forest restoration requires the harvesting of small diameter trees, and that means the necessity of some sustainably-scaled, locally-rooted forest products industry.  And for that industry to survive, or to make the requisite capital investments (in say, small diameter processing equipment), it needs greater assurances about timber supply. 

Also relevant to this theme is the widespread interest in stewardship contracting.  In most of the initiatives I examined, stewardship contracting is a central part of restoration strategies.  The tool is seen by some people as a means to secure more predictable dollars for restoration work, money that stays on a particular national forest and is not sent back to Washington, D.C., and thus not subject to the highly uncertain congressional appropriations process.  (Stewardship contracting will be discussed again in the context of restoration and funding).

Next Post:  What to make of this search for certainty and stability? What does it have to do with forest planning?

Place-Based Forest Bills & Agreements

 

Senator Wyden of Oregon

This is my introductory post related to an important emerging trend: the increasing interest in “place-based” (national forest-specific) legislation and the use of formalized agreements/MOUs between the USFS and various collaborative groups.  We’ve had some discussion of Senator Tester’s Forest Jobs and Recreation Act already (here’s my perspective on it).  Another controversial bill is Senator Wyden’s S. 2895, the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2009. 

While these bills receive national attention, there are place-based initiatives happening on other national forests as well, including the Lewis and Clark, Colville, Clearwater and Nez Perce, Fremont-Winema, Tongass, and federal forests in Arizona, among others.  Each initiative is different in significant ways.  But all are searching for more durable, bottom-up, and pro-active solutions to national forest management.  Some negotiations, like that on Idaho’s Clearwater and Nez Perce, may result in proposed legislation.  But others, including arrangements on the Colville and Fremont-Winema, aren’t based on forest specific laws but instead operate through formalized agreements and protocols with the USFS.

Here is a list of such initiatives that I’ve been looking at lately:

Bills and Legislation
S. 1470 Forest Jobs & Recreation Act (Senator Tester/Montana Bill)
S. 2895 Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2009 (Senator Wyden Bill)
Pub. L. No. 111-11, Forest Landscape Restoration Act
Rocky Mountain Front Heritage Act (unsponsored proposal) (Lewis & Clark National Forest, Montana)
Agreements
Northeast Washington Forestry Coalition Blueprint (Colville National Forest)
Lakeview Stewardship Group (Fremont-Winema National Forest, Oregon)
Misc/In Development
Clearwater Basin Collaborative (Clearwater and Nez Perce National Forests, Idaho)
Others at various stages of development (e.g., Arizona’s Four Forests Restoration Initiative, Tongass Futures Roundtable, etc.)

I’ve chosen this sample because it includes two controversial bills and two well-established MOUs that share some similar goals and purposes, but go about things differently.  I’ve also included the proposed Rocky Mountain Front Heritage Act because it provides a specific proposal focused on travel management and other resource management issues, like weeds.  My analysis also includes the Forest Landscape Restoration Act (Pub. L. No. 111-11).  I included this Act because it shares some similar goals and purposes as found in the aforementioned bills and MOUs, and because some initiatives hope to use funds already authorized in the law.   Also included in parts of the analysis are some proposals that are still in the drafting stage.  In these cases, no final agreements have been made, but in some situations there are preliminary areas of agreement that are of relevance.  This list is not exhaustive, and there are others I hope to learn from as well, like the restoration efforts in Alabama, the Four Forests Restoration Initiative in Arizona, and the tumultuous life of the Tongass Futures Roundtable. 

What I hope to do in this series of posts is to make some initial observations that are of general relevance to national forest management, and in some cases of particular relevance to the new forest planning rule.   I believe these cases offer a lot of lessons, from the bottom-up.  I also hope that our sophisticated cast of contributors and readers can help raise questions, and in so doing help sharpen my analysis of this issue. 

Martin Nie

The Purpose of Planning

Contributed by Jim Burchfield, Interim Dean, College of Forestry and Conservation, University of Montana

Beyond rulemaking, environmental analyses, and the myriad of necessary procedural steps, land management planning on National Forests will be well-served to adhere to fundamental principles.  Planning strives to meet two interlocking objectives: (1) To create a more desirable future; and (2) To link knowledge to action.  Both of these objectives require ongoing effort, such that planning does not become a once-per-decade tedium of covering all contingencies via numbing documentation, but a continuing learning experiment.  Especially in an environment as complicated and dynamic as any given National Forest, the creation and re-creation of a coherent, “actionable” vision for a desirable future implies repeated political exercises of clarifying and allocating human values.  Unfortunately, the Forest Service is not quite ready for an immersion into these messy, real-world negotiations because, ironically, it’s afraid to make mistakes.  I say, bring on the arguments and dissatisfaction.  Confrontation breeds learning.  Plans will not be perfect.  Good.  If we learn from our mistakes we make the next iteration better.  We make progress.  What is necessary is comfort in imperfection.

The creation of learning-oriented planning argues for two unnerving transformations in the current planning process.  First, the roles of agency experts must change, and second, investments in analysis must be reversed from the front to the back end of the planning processes.  A more meaningful role for the mangers and scientists who guide the planning process is to promote landscape-level trials of different management possibilities – some “let burn” here, some intensive logging there – not much concerned with a particular site’s “suitability” but more focused on the responses of these lands to experimental actions (some obvious, already established criteria for suitability allocations, such as unstable soils, already exist and may continue).  Concurrently, these agency sponsors engage in new, interactive, political forums with the gamut of interested parties to negotiate where and at what intensity these experiments take place.  Design will be important and prior assessments of resource conditions relevant, but they will not overwhelm the overarching demands to act and learn.  The proposals emerging from deliberative arguments among multiple interests will commonly generate creative ideas for action, and importantly, a set of normative indicators of benefit that can be subsequently measured.  Each action is a risk, but a worthy one.  The good news, of course, is that nature is highly resilient, recovering from all types of human shenanigans.  We simply negotiate a new set of outcomes, and try our best.

Simultaneously, the attention of planning must be turned on its head from the tiresome tradition of pre-planning “assessment” to the dynamic practice of post-treatment evaluation.  The biggest change to realize this reversal is the funding of a systematized process to measure consequences, that is, a serious commitment to monitoring and evaluation (two distinct and often wrongly conflated processes).  The absence of evaluation is the commonly recognized Achilles heel of planning success, which is why adaptive management has been so rightly criticized.  Behaviors can’t be adjusted or “adapted” when there’s been no confident measurement of change.  The roles of different actors in planning become further clarified, as the science capacity of the agency comes into play far more significantly in the aftermath of planning (while it is now misplaced in the early phases), and the normative interests of the public ascend in importance in planning’s developmental stages.  Scientists will be crucial in clarifying robust measures of change and completing analyses of consequences, even though it will be the participants of planning exercises, including non-professionals, who help conduct these measurements, learning as they go whether the results of actions indeed create the conditions expected.

What bothers many professionals is that this form of planning – deliberative, action-oriented, and uncertain – means things go wrong.  But utopia remains an illusion as the land and its inhabitants change too fast for idealized models to keep up.  The measurements made in monitoring could show something entirely different than the anticipated results.  Fine.   After all, management actions aren’t the only forces at play, especially with latent, large-scale perturbations (think climate change or big wildfires) overwhelming modest interventions.  What will have changed, however, is that whatever the outcome, we know we have only ourselves to blame, and this democratization of blame takes the sting from negative consequences that have been previously viewed as career-ending mistakes.   We are not just wounded but wiser. 

This commitment to knowledge from planning means that we have participants in planning who aren’t vested in being correct.  We need humble, curious planners, who are capable of setting up public learning systems.  That planning is so imprecise, ongoing, and political annoys scientists to no end, which is why they are such lousy planners.  They are trained to be cautious and correct.  It’s not that we don’t need scientists – we need them desperately.  They simply need to be empowered to be evaluators instead of creators.  Perhaps school teachers would be better planners.  They understand conflict.  They are trained to discover what their constituents want.  They can encourage people to do work.  They are skilled at demonstrating the tools for measurement. The next day’s class starts the process again.  We might even get something done.

K.I.S.S. Part II

Contributed by Andy Stahl

In comments on K.I.S.S. (Part 1, I now realize), John Rupe suggests that NFMA requires that forest plans be an “umbrella document” to guide all national forest activities.  There are three reasons for thinking that’s not the case.  First, the existing plethora of non-NFMA forest-wide plans argues that the Forest Service has never acted as if NFMA plans are all-encompassing.  These include separate plans for roads and trails (“Access and Travel Management Plans”), fire suppression and use (“Fire Management Plans”), and recreation infrastructure (“Recreation Facilities Analysis”).  None of these forest-wide plans is a part of the NFMA planning process or that law’s planning regulations.

Second, NFMA is most parsimoniously read as I suggested in K.I.S.S. Part 1.  The “one integrated plan” language Rupe cites requires only that plans include “all of the features required by this section.”  As I noted previously, the only mandatory feature NFMA requires of its plans is “forest management systems, harvesting levels, and procedures.”  What makes NFMA revolutionary, for its day, is that NFMA plans must make timbering decisions “in light of” the multiple uses.  That means the Forest Service must demonstrate that logging decisions are not made in a vacuum as if other natural resources don’t exist.  Thus, for example, NFMA requires an interdisciplinary team prepare the plan and that the plan be based on inventories of “applicable resources,” e.g., fish and wildlife.

NFMA further emphasizes that logging’s environmental consequences are important by its reference to the National Environmental Policy Act.  16 U.S.C. 1604(g)(1).  But disclosing the environmental consequences of timbering decisions is not the same as comprehensively planning the future of all natural resource activities on a national forest in a single plan.  NFMA requires the first; it does not the second.

Third, NFMA’s legislative history shows that Congress was 100% preoccupied with curing the real and perceived sins of over-logging the national forests.  Beginning with the 1970 Bolle Report that criticized clearcutting and terracing on the Bitterroot National Forest, the 1971 hearings on clearcutting held by Senator Frank Church (the recommendations of which were adopted almost verbatim in NFMA), and culminating in the spirited debate between Senator Randolph (who favored a bill that would have banned clearcutting outright) and Senator Humphrey (who favored a planning process), it is clear that Congress cared about how logging was regulated on national forests.  Nothing about mining, grazing, ski area development, water use, campgrounds, utility corridors, recreation cabins, or any other national forest use, except insofar as it is harmed by logging, can be found in the Act’s extensive legislative history.

Far from a call for all-resource, comprehensive planning, Senator Humphrey believed the Act’s purpose was to “get the practice of forestry out of the courts and back in the forests.”  He wanted foresters to stop seeing forests “only as trees and trees viewed only as timber.”  Humphrey wanted “the soil and water, the grasses and the shrubs, the fish and the wildlife and the beauty that is the forest” to be integrated into “resource managers’ thinking and actions.”  That is, their “thinking and actions” about silviculture and logging.

Planning & Collaboration

Here’s an interesting piece by our friend John Freemuth, making some provocative connections between forest planning regulations, collaboration, and Senator Tester’s proposed Forest Jobs and Recreation Act. 

http://www.hcn.org/blogs/grange/does-the-forest-service-truly-believe-in

I don’t see it John’s way on this matter.  But the interconnections are worth considering. 

I’m certain, for example, that widespread frustration with the forest planning process helps explain the growing interest in place-based (national forest-specific) legislation.  If you’re looking for greater certainty and stability in forest management (from roadless areas to timber supply), you’re not going to find it in plans that are nothing but “strategic and aspirational.”  Instead, you seek it through legislation, or some other formal agreement with the agency.  Of course, this is not the whole story.  But problems in planning most definitely help explain the growing interest in place-based forest law.

Welcome

The University of Montana’s College of Forestry and Conservation and the Forest Service are initiating a blog focused on the new forest planning rule. Our goal is to solicit broad participation from a cross-section of interests in a respectful atmosphere of mutual learning.  We seek to hear from academics of all stripes, scientists, practitioners of planning and other past, current and future agency employees , lawyers, members of interest groups, and members of the public who will be working with local forest plans.

We believe that ideas will be stronger and choices clearer if developed through such a multidisciplinary, multi-perspective dialogue. 

The blog is administered by Sharon Friedman (USFS) and Martin Nie (University of Montana).