The Chevron Decision: How Will it Affect the FS and BLM?

I’ve been out hobnobbing with the Coastal Elite at a Breakthrough conference and visiting family, so I’m way behind…

Chevron case

I’m puzzled by the news coverage of this case. It’s always interesting to try to narrow the gap between what news sources tell us and our own lived experience. Here’s an example from CBS:

Proponents of the doctrine have argued that agencies have the expertise and experience to address gaps in the laws enacted by Congress, especially when it comes to administering programs that serve broad swaths of the population. Overturning Chevron would make it more difficult for the federal government to implement the laws passed by Congress, its backers warned.

Kagan, in dissent, accused the conservative majority of usurping the power the legislative branch gave to agencies to make policy decisions and putting judges in the center of the administrative process on all manner of subjects.

“What actions can be taken to address climate change or other environmental challenges? What will the nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.?” she wrote. “In every sphere of current or future federal regulation, expect courts from now on to play a commanding role.”

The Biden administration urged the Supreme Court to leave Chevron deference intact, calling it a “bedrock principle of administrative law.” Justice Department lawyers argued that the framework allows experts at federal agencies to interpret statutes, and have said they, not judges, are better suited to respond to ambiguities in a law.

Hmm. judges in the “center of administrative processes on all manner of subjects.” You mean like whether BLM used the appropriate air quality model in its EIS? Or whether the scientific findings of effectiveness of certain forests treatments are controversial? It’s hard to imagine them being more involved than they already are. But maybe our federal lands litigation is unique. Here’s NRDC:

Sometimes Congress is purposefully inexplicit in order to give the subject-area experts space to decide how best to implement a regulation. For example, an agency made up of occupational safety specialists should already be well equipped to decide how to handle the technical, nuts-and-bolts aspects of imposing workplace protections—rules about equipment usage, say, or the need for periodic employee rest breaks—without the meddling of judges. And given the complexity of weather patterns, EPA scientists are better equipped than judges at determining how much a state should curb its air pollution in order to protect people living in other states downwind.

It’s hard not to read this and add “and Forest Service experts are better than federal judges in determining how to protect people from wildfires.” I guess, according to NRDC, judges only “meddle” when they get involved with NRDC-approved agencies like EPA.

The only thing I could think of was that the Chevron case related specifically to “interpreting statutes” and maybe that’s not exactly what judges in our kinds of cases are doing. When the article says:

limiting the framework would threaten the ability of federal agencies to craft regulations on issues like the environment, nuclear energy or health care.

It seems like judges already get involved when groups litigate regulations (which they do regularly). When folks don’t like proposed regulations, they often say that they are going against the statute at issue.

Hopefully one of legal folks out there can explain this in layperson’s language and give us some ideas of what changes we might expect. Personally, I think it would be a good use of time for legal and agency folks to review any proposed statutes for Possible Problematic Ambiguities with an eye to correcting any problems before they start.

Chief Moore Announces FS Temporary Housing Refund

Here is a link; letter from Chief Moore

Let me begin by saying thank you.  Thank you for sharing your ideas and stories at our all-employee forums and the many other avenues for sharing. We heard you and are using that information to work with employees and the department to find solutions to the housing affordability crisis. 

Today, alongside Secretary Vilsack and Under Secretary Wilkes, I am pleased to announce a temporary housing refund that we estimate will benefit 4,500-5,500 employees in Forest Service housing through the end of fiscal year 2024. This refund will cover half the rent for the following Forest Service employees in government-owned housing:  

1. GS 1, step 1, through GS 10, step 10 

2. Wage-grade employees 

The refund also will cover 10% of the rent for employees GS level 11, step 1, through GS 13, step 10. 

This temporary housing refund will address the March 10 annual rental rate increase and will be retroactive to that date. Secretary Vilsack, Under Secretary Wilkes and the National Federation of Federal Employees were key to getting this refund and I am including messages of support they asked me to directly deliver to you at the bottom of this email. Employees will receive the refund within 9 to 11 weeks. It will be provided within our existing budget; we will make trade-offs to focus on this high-priority need. 

The amount of rent charged for government civilian quarters is determined according to government policy described in Circular A-45. The bipartisan Wildfire Commission has recommended review and potential updates to these policies. We and the Office of Management and Budget (OMB) are reviewing these recommendations.

The temporary housing refund is provided under the Secretary’s emergency subsistence authority under Section 5 of the Department of Agriculture Organic Act of 1956, 7 U.S.C. 2228, which was delegated to Under Secretary Wilkes and the Chief of the Forest Service. This emergency subsistence authority authorizes the Secretary of Agriculture to provide subsistence, including for quarters, during emergency conditions. 

Since this refund relies upon specific emergency conditions, it is temporary while emergency conditions last. USDA’s Forest Service anticipates leveraging the emergency authority for no more than a year while we concurrently work on government policy changes that address the emergency conditions. Once emergency conditions are addressed, the Forest Service will provide a 60-day advance notice to employees announcing the end of the emergency housing refund. If you live in government-owned housing, there will be future information sessions to help you understand the housing refund and answer any questions you may have. These sessions are tentatively scheduled for the week of July 8. More information will be provided, to include virtual invitation links. Frequently asked questions are available on the National Housing Hub SharePoint site.

     

I also want to acknowledge that this refund doesn’t benefit all our employees. Housing affordability significantly affects the lives of employees across the agency. We are taking this action with the authority and resources available to us. We need to use all the tools in our toolbox, even if they aren’t as far-reaching as we’d like. We continue to: 

1. Submit housing-specific budget requests for congressional consideration through the annual budget process. 

2. Use all possible funds from the FY 2024 budget to prioritize investments in employee housing. 

3. Finalize the National Housing Strategy, a comprehensive plan that will assist the agency in addressing the affordability, availability and condition of Forest Service housing. 

4. Continue to make progress and administer our existing Quarters Program thanks to employees like our national housing project manager, Procurement and Property Services housing managers, and district-based tenant managers. 

5. Collaborate with NFFE. 

These collective efforts are consistent with our needs and align with the recommendations of the bipartisan Wildland Fire Mitigation and Management Commission. We continue to explore other creative opportunities to assist you with obtaining affordable housing. I want to emphasize our unwavering commitment to ensuring you have access to safe, comfortable and affordable housing near your duty station.  

  

Your well-being is of utmost importance to us, and we will persist in our efforts to provide you with the support and resources you need to thrive in your role for the Forest Service. Thank you for your hard work and dedication.  

Please Call Your Congresspersons About HR 5169 and S 2272

 

You know I don’t usually ask for folks to contact Congressfolk about things.. I’m making an exception today. I listened to the Hotshot Wakeup podcast in which he interviewed folks from NFFE (federal employees’ union). They and Grassroots Wildland Firefighters are walking the halls of Congress this week, as I understand.  It sounded as if some reticence to pass HR 5169 is either due to just the fact it will cost money or in the hope of some horse-trading on something else.

I get the argument about spending money we don’t have, but I think we can still retain the ability to discern necessities from “nice to have” or even “payback for our friends.”  I’m sure that all of us, R, D, Independent or Whatever,  have suggestions about slack in the federal budget that could be cut to.. pay federal wildland firefighters.

According to the NFFE folks, phone calls to particularly House congressfolk might help.  It’s an easy five minutes, so why not?

Here’s the letter from NFFE, Grassroots Wildland Firefighters and others..

Dear Members of Congress,
As constituents and members of Grassroots Wildland Firefighters, we write to you under dire circumstances that demand immediate attention and action from our legislative and agency leaders. The federal wildland firefighting workforce is the cornerstone of our nation’s ability to build resilience against wildfires, protecting communities and landscapes effectively. Yet, their efforts are hindered by a lack of adequate support and expansion due to congressional inaction and administrative barriers.  We implore you to stop playing partisan politics and be a proactive part of helping to solve the wildfire crisis.
We urgently call upon Congress and the Executive Branch to prioritize and enhance the support for these brave wildland firefighters. They sacrifice their families, health, and well-being to protect us, a testament to their dedication and the gravity of their needs.
Immediate Actions Required:
1. Pass the Wildland Firefighter Pay Protection Act, S.2272: We implore you to bring this crucial legislation to the Senate floor for a vote and initiate its progression in the House of Representatives without delay.
2. Implement Administrative Reform: Define clear, accurate job descriptions with correct grading; provide hazard pay for hazard duties such as prescribed burns; ensure proper job classification reflects the diverse roles and extensive qualifications wildland firefighters are required to obtain.
These actions are not just administrative or legislative tasks; they are moral imperatives that safeguard the lives of those who protect us. The ongoing inaction and bureaucratic delays are unacceptable, especially as we face increased wildfire risks exacerbated by climate change and development into the wildland interface.
As we approach another summer with drought conditions in place, the time to act is now. We, along with your constituents, demand decisive action to address these critical issues. The well- being of our communities and the efficacy of our national response to wildfires hinge on your leadership and responsiveness. Only you can correct these conditions.

Thank you for your attention and we look forward to your swift action and resolution.
Sincerely,

Grassroots Wildland Firefighters
– Luke Mayfield, President

National Federation of Federal Employees

– Randy Erwin, National President
U.S. Hotshot Association
– Randy Skelton, President
Wildfire Industry Collective
– Jonathon Golden, Executive Director
Fired Up
– Janelle Valentine, President
Veterans in Fire Foundation
– Blake Toth, President
Eric Marsh Foundation
– Amanda Marsh, Founder
Megafire Action
– Matt Weiner, CEO
FireUP
– Shefali Lakhina, Founder

WAPA NEPA Jobs- Multiple Locations

These look interesting and fun with some in neat places..

Natural Resources Specialist, GS-13,  has posted for multiple duty locations.  The position is open to both current Feds and all US Citizens.  The position is open until June 25, 2024.  Please share with anyone you think may be interested.

https://www.usajobs.gov/GetJob/ViewDetails/795832500 (DE – rest of the US)

https://www.usajobs.gov/GetJob/ViewDetails/795832000 (MP – current Feds and status candidates)

More Hiring Questions: How to Identify NEPA/Project Planning Jobs and Psychological Testing (?)

I have run across folks interested in getting into NEPA/project planning with the feds.  I realize the FS has a hiring pause but BLM is still there.

The question folks have is “what words are used in advertising for those jobs?”

They also observed “if you hear from the feds nine months later that you have an interview, you may have already gotten another job.” Sounds very frustrating for applicants and hiring officials.  Does anyone know what makes the process (es) so slow?

Finally, I’ve been told that there are now personality tests (perhaps BLM) that take hours to complete and they do not tell the applicant the score.  It all sounds very odd.  Any observations from the front lines of applying and hiring would be appreciated.

Bipartisan Fix Our Forests Act Introduced

I found this on Thomas Hochman’s TwitX feed , and I’m always interested in bipartisan stuff, so went to Rep. Peters (D) press release.

The D’s all look like Californians.

Original cosponsors include Representatives Tony Cardenas (D-CA-29), John Curtis (R-UT-3), Ami Bera (D-CA-6), Pete Stauber (R-MN-8), Jimmy Panetta (D-CA-19), Tom McClintock (R-CA-5), Jim Costa (D-CA-21), Tom Tiffany (R-WI-7), John Duarte (R-CA-13), and James Moylan (R-GU).  

Interesting roundup of folks supporting..

The Fix Our Forests Act is supported by the National Congress of American Indians, Bipartisan Policy Center, the National Association of Counties, the Property and Environment Research Center (PERC), American Forests, the Evangelical Environmental Network, Edison Electric Institute, the Theodore Roosevelt Conservation Partnership, MegaFire Action, the American Conservation Coalition Action, the National Wild Turkey Federation, the American Forest Resource Council, the American Loggers Council, the Arkansas Forestry Association, Associated California Loggers, the Boone and Crockett Club, the Dallas Safari Club, the Forest Landowners Association, the Forest Resources Association, the Hardwood Federation, Potlach Deltic, and Rayonier.

Not the usual suspects on this list include the Bipartisan Policy Center and Megafire Action.

  • Simplify and expedite environmental reviews for forest management projects in the highest risk areas
  • Promote federal, state, tribal and local collaboration on wildfire mitigation while encouraging engagement with landowners and communities
  • Recognize the role that natural fire plays in healthy ecosystems – which is backed by the best available scientific information – while acknowledging Tribal sovereignty in providing for practices like cultural burning
  • Support wildfire resiliency for local communities by focusing on the built environment, innovative technologies and modernized standards
  • Deter frivolous litigation that delay essential forest management projects
  • Create a framework for interagency collaboration to advance wildfire and land management R&D, provide technical and financial assistance to communities, and support efforts by tribes and other governments to address the effects of wildland fire on communities, including property damages, air, and water quality
  • Create a federal-state-tribal framework for prioritizing projects in the forests at highest risk of catastrophic wildfire
  • Encourage the adoption of state-of-the-art science and techniques for federal land managers, including innovative methods to sequester carbon dioxide
  • Ensure that utilities are able to better work with federal partners harden their rights-of-way while mitigating hazards
  • Strengthen tools like Good Neighbor Authority – which presently excludes Tribal Nations – and Stewardship Contracting

The bill may not be going anywhere but we can still discuss the ideas in it.. which might be cannibalized and used elsewhere.  I don’t have time to go through it today but Hochman’s TwitX piqued my interest. Maybe someone has an analysis they would like to share and discuss?

I’d just like to focus on the Fireshed Center for now.. (sorry about the formatting)

SEC. 102. FIRESHED CENTER.
6 (a) ESTABLISHMENT.—
7 (1) IN GENERAL.—The Secretary, acting
8 through the Chief of the Forest Service and the Sec9 retary of the Interior, acting through the Director of
10 the U.S. Geological Survey, shall jointly establish a
11 Fireshed Center (hereinafter referred to as the
12 ‘‘Center’’) comprised of at least one career rep13 resentative from each of the following:
14 (A) The Forest Service.
15 (B) The Bureau of Land Management.
16 (C) The National Park Service.
17 (D) The Bureau of Indian Affairs.
18 (E) The U.S. Fish and Wildlife Service.
19 (F) The U.S. Geological Survey.
20 (G) The Department of Defense.
21 (H) The Department of Homeland Secu22 rity.
23 (I) The Department of Energy.
24 (J) The Federal Emergency Management Agency
1 (K) The National Science Foundation.
2 (L) The National Oceanic and Atmospheric Administration.
4 (M) The National Aeronautics and Space
5 Administration.
6 (N) The National Institute of Standards
7 and Technology.
8 (2) DIRECTOR.—The Secretary, acting through
9 the Chief of the Forest Service and the Secretary of
10 the Interior, acting through the Director of the U.S.
11 Geological Survey, shall jointly appoint a Director of
12 the Center, who—
13 (A) shall be an employee of the U.S. Geological Survey or the Forest Service;
15 (B) shall serve an initial term of not more
16 than 7 years; and
17 (C) may serve one additional term of not
18 more than 7 years after the initial term de19 scribed in subparagraph (B).
20 (3) ADDITIONAL REPRESENTATION.—The Sec21 retary, acting through the Chief of the Forest Serv22 ice and the Secretary of the Interior, acting through
23 the Director of the U.S. Geological Survey, may
24 jointly appoint additional representatives of Federal
1 agencies to the Center, as the Secretaries determine
2 necessary.
3 (b) PURPOSES.—The purposes of the Center are to—
4 (1) comprehensively assess and predict fire in
5 the wildland and built environment interface through
6 data aggregation and science-based decision support
7 services;
8 (2) reduce fragmentation and duplication across
9 Federal land management agencies with respect to
10 predictive service and decision support functions re11 lated to wildland fire;
12 (3) promote interorganizational coordination
13 and sharing of data regarding wildland fire decision 14 making;
15 (4) streamline procurement processes and cybersecurity systems related to addressing wildland
17 fire;
18 (5) provide publicly accessible data, models,
19 technologies, assessments, and fire weather forecasts
20 to support short- and long-term planning regarding
21 wildland fire and post-fire recovery; and
22 (6) maintain the Fireshed Registry established
23 under section 103.

No one can be against “interagency coordination” but I can’t help but wonder if some of this will distance the modelers from the people on the ground.  I also note that procurement processes and cybersecurity systems will be streamlined, but why not streamline… hiring?  Maybe some or all of this comes from the Commission Report?  How can the agencies make this more effective than what we have currently and not a cluster? Perhaps this is just the beginning of the discussion that needs to happen.

 

 

 

TSW Request for Information: Examples of Agency Decisions Affected By Litigation Avoidance

As I’ve mentioned, I’ve been talking with some folks in the “permitting reform” space.  Which is where the larger world, those interested in renewable and transmission build-outs, seek policy changes to honor environmental and public review, but also speed things up, in the interests of dealing with climate crises and emissions reduction timelines.  We have plenty of real-world experience, which may or may not be relevant, since vegetation management projects are different in many ways than infrastructure projects.

Here’s the question:

Do you know of any example where a federal agency chose an action they knew was suboptimal because they wanted to avoid litigation? It seems apparent that they do this frequently but it’s very difficult to find documented examples. Is there an example of a forest treatment project getting pared down to avoid litigation even though the agency believed a larger project would be more effective?”

I told the questioner that suboptimality is in the eye of the beholder.  He was interested in “examples where informed officials have to make a choice they believe is suboptimal to avoid litigation.”  I remember that Don Yasuda mentioned something like that about controversial-ness causing units to be dropped in the Sierra (sadly his powerpoint is no longer) in this 2017 post.  For those of you following our managed fire discussion, one bullet was “we’ll use more prescribed fire and managed wildfire”  because.. mechanical fuel treatments (for a number of reasons he outlined) are too difficult.

The key thing here is “suboptimal.”  Certainly groups with litigation arms and histories can propose considerations and changes that make projects better.

The Secret Fire: A Guest Post by Sarah Hyden

This is a guest post by Sarah Hyden. 

The Indios Fire in the Jemez Mountains of the Santa Fe National Forest Photo: US Forest Service

 

At midday on May 19th, Santa Fe National Forest (SFNF) fire managers were notified of a new wildfire start within the Chama River Canyon Wilderness on the Coyote Ranger District, northwest of the traditional rural village of Coyote. The cause of the fire ignition was a lightning strike.

By the next day, the fire had grown to approximately 150-200 acres and was named the Indios Fire. It spread primarily to the northeast over the next three days, burning along the boundary of the wilderness, with no imminent threats to people or property. The fire was burning in dry forest, and in the midst of a strong wind pattern.

A May 20th SFNF press release about the fire quoted Forest Supervisor Shaun Sanchez as stating, “Wildfires have the potential to decrease fuels and increase the health and resilience of forests. Fire is a natural and frequent component of the ecosystem in the area, and our team will look for opportunities to restore forest health when conditions permit.”

It seems apparent that the Forest Service took the opportunity to ignite much of the Indios Fire themselves for “resource management objectives,” based on #firemappers satellite thermal hotspot maps, along with some cloudy language in Forest Service press releases and fire briefings. The Forest Service provided very little information to the public about what actually caused the majority of the Indios Fire to burn. That was the secret fire. The secret was that most of the fire wasn’t caused by the lightning strike; it was from intentional aerial and ground ignitions by the Forest Service called firing operations. Anyone simply reading the Forest Service’s fire news releases and listening to the fire briefings would not have understood this, and in fact most of the public still does not realize what actually happened.

The fire grew slowly for the first few days, as it burned to the northeast up and across a canyon slope. Then it suddenly turned downhill and quickly burned two miles east through the canyon bottom and up to the mesa on the other side. A few days later, the fire burned at high speed four miles to the south, although the prevailing winds were to the east and north. It appears from the aerial hot spot maps that firing operations largely caused these movements, but more information from the Forest Service would be necessary in order to confirm.

Although it was stated in the daily Indios Fire updates that the fire was being allowed to burn for ecosystem benefit and that firing operations were being used at times in support of this strategy, these explanations were extremely understated relative to what can be seen from the aerial hot spot maps. In the fire briefings available on the SFNF Facebook page, the briefing officer would wave his hand around the fire map with such comments as “we did add a little bit of fire yesterday,” and “we did put a little bit of heat in here with the helicopter.” It generally sounded as if they were implementing fairly localized back burns to contain the fire.

The May 22 Indios Fire press release stated “The Northern NM Type 3 IMT is currently moving forward with a strategy to contain the wildfire. The containment strategy means using tactical actions to manage the fire within a predetermined area.” The predetermined area was never shown on a map in press releases or fire briefings, nor was the approximate acreage of the predetermined fire containment perimeter provided. The “containment strategy” often involves greatly expanding a wildfire, while attempting to contain the expanded fire within a predetermined perimeter. That is very different from the conservation strategy of simply allowing naturally-ignited wildfires to burn in a relatively natural way for ecosystem benefit, which is highly supported by conservation scientists and conservation organizations. The agency was igniting fire far beyond back burns and burn outs, and was essentially implementing a large-scale prescribed burn without the required NEPA (National Environmental Policy Act) analysis or public inclusion. Planning was being done on-the-spot.

Since the size and location of the predetermined area was not publicly available in Forest Service media, I personally attempted to find out the size of the predetermined area, and to obtain a map of the potential perimeter. I also wanted to find out why the Forest Service believed this kind of wildfire expansion operation was safe to implement in such windy and dry weather conditions. I was provided with only unhelpful and non-specific information and advice from Forest Service personnel such as – “The incident objectives you see on Inciweb [interagency incident information management system] are used to determine the specific firing operations which, like wildfire, are dynamic. Since Forest Plan direction is listed on the Inciweb objectives, I would suggest looking at the Forest Plan for insight into what those are.”

There was just one sentence on Inciweb regarding the Indios Fire management objectives – “Incident objectives include protecting values at risk and meeting Santa Fe National Forest Plan objectives by reintroducing fire into a fire dependent ecosystem.“ The Santa Fe National Forest Plan states, “When conditions facilitate safe progress toward desired conditions, consider managing naturally ignited fires to meet multiple resource objectives concurrently (i.e., protection and resource enhancement), which can change as the fire spreads across the landscape.” Nowhere does the Forest Plan state that the Forest Service can intentionally greatly expand wildfires utilizing aerial and ground firing operations.

None of this addressed my questions regarding the specific objectives and plans for managing the Indios FIre. Since the Forest Service was creating fire lines to contain the expanded fire, it
was clear that they must have had an approximate plan for the containment perimeter that they intended that the fire could potentially expand out to. Yes, fires are dynamic situations, but still there had to be a potential perimeter before deploying bulldozers and cutting and burning fire lines.

Jonathan Glass of Public Journal eventually located a federal interagency repository map from May 21, the third day of the fire, containing an 18,218 acre “Indios Fire Potential Perimeter.” The fire was 688 acres on May 21st, so apparently the Forest Service planned that the fire would be expanded and contained in an area up to 26 times its size at the time. However, the agency chose to not make the size and map of this containment area reasonably publicly available, even when specifically requested. Also, the Forest Service must have believed they had justifications for expanding a wildfire during such risky fire conditions, but they did not publicly reveal them in any substantive way.

During the 2023 Pass Fire in New Mexico’s Gila National Forest and Wilderness, the Forest Service published a map on their Facebook page of the planned fire perimeter. The fire eventually filled that perimeter with a high level of precision, with the assistance of Forest Service firing operations. That the Forest Service actually made public to what extent they wanted to expand the fire, even if they were not clear about the extent to which they were causing the landscape within the fire perimeter to burn, was possibly due to publicity by a few fire management watchdogs about the huge expansion of the 2022 Black Fire. During management of the Black Fire, the Forest Service carried out aerial and ground firing operations that more than doubled the size of the fire and burned most of the Aldo Leopold Wilderness, including important natural resources, and Sierra County infrastructure.

The SFNF seems to have reversed that recent trend towards more openness, and contradicted its many recent statements about wanting better public communication, by largely obscuring their intentions to complete widespread intentional burns while managing the Indios Fire. Even after the Indios Fire operation is complete, we will almost certainly still not have any official estimate of how much of the fire the Forest Service ignited, versus how much burned due to the original ignition combined with the elements. There will simply be one number given for the size of the fire – the total acres that burned during the fire and fire expansion. We need to know what the Forest Service is doing during fire management operations so the potential risks and consequences of the agency’s wildfire management strategies can be effectively evaluated.

Language concerning fire management operations has become increasingly obscure and confusing. At first the Forest Service described progress on managing the Indios Fire as the percent of the fire contained, but after May 28 the term ”completed” was used. According to the agency, percent completion comprises a broad mix of Forest Service objectives – it’s “an indication of the total amount of work being accomplished on the ground relative to how much they intend to accomplish.” But since they never told us how much they intended to accomplish during the Indios Fire, providing the percent completed did not clarify to what extent the agency had completed expanding the fire to burn landscape within the predetermined perimeter. Below an Indios Fire briefing on the SFNF Facebook page, a bewildered local commented – “I just wish someone would tell us [how] much of the fire is being contained, how many acres are still  burning? Or is the fire continuing to expand because of the completion goals?” Another asked, “What is the percentage of containment within the percentage of completion, please, since you mentioned it as a component of completion?”

All of this was occurring at the start of the New Mexico fire season, when fire risk is at its highest. There were strong winds throughout the wildfire and fire expansion operation, and a red flag warning at one point. This was very reminiscent of the conditions under which the Forest Service ignited the Las Dispensas prescribed burn, which erupted into the 2022 Hermits Peak Fire. Due to hazards from the expanded Indios Fire, the local Sheriff’s Department put a nearby ranch on “Set” status for potential evacuation.

One might hope that after the three major wildfires of 2022, ignited due to three separate SFNF escaped prescribed burns which burned a total of 387,000 acres and burned out entire  communities, the Forest Service would become much more careful about putting forest and communities at risk. They do not seem to have become substantially more careful. Firing operations planned and implemented essentially on-the-spot to expand wildfires are likely much more risky than prescribed burns which are planned in advance within a NEPA-analyzed project, and also more risky than allowing a wildfire to burn without adding substantially more fire. Add in dry conditions and high winds, and this strategy just seems reckless. Given the trajectory on which the Forest Service is continuing to manage fire, it seems extremely likely that we will have more escapes of intentional fire that will over-burn forests and burn communities.

Currently, the Indios Fire operation appears to be in its final phase, at 11,500 acres. Some rain has fallen since June 8th. At least so far, the fire has burned largely at low severity, and  fuels were consumed which may reduce future fire risk in the area. In terms of Forest Service objectives, it was a very successful operation. But the Forest Service is playing Russian roulette with our forests and communities by implementing large-scale intentional fires under the wildfire management umbrella, without advanced planning and in risky conditions. And, this is done without clearly informing the public of what they are doing – or even answering legitimate questions. They are sowing the seeds of even more public confusion, fear, mistrust, and anger, but most of all they are putting what we value so deeply at risk.

The Forest Service seems to be taking the viewpoint that if the rules do not say they cannot utilize a fire management strategy, such as greatly expanding wildfires with firing operations, then they can do so. In addition to a coherent and transparent national wildfire policy, there needs to be much clearer guidelines in forest plans about how fire can be “managed,” including direction that the agency cannot implement categories of actions that it is not specifically allowed to implement. It is necessary to revise forest plans so risky fire expansion operations cannot be carried out, and so there are reasonable parameters for managing naturally-ignited wildfires for resource benefit. And the agency must be required to be genuinely transparent about how fires are being managed.

Indios Fire on Firemappers – 2024-05-27 232334  May 27, 2024  Observe firing operation hot spots, carrying the fire to the south towards highway 96. Not all hot spots are firing operations; some are simply heat from the fire, but the more or less semi-straight lines of hot spots generally represent aerial ignitions.

 

 

 

 

Thoughts, Questions and Suggestions on Communications Around FS Keystone Agreements

I’ve been talking to folks about this.. many people are curious as to what’s going on with these agreements.  I want to say straight out that if an agency gets infused with lots of cash, clearly they are not staffed to spend it.  And the idea was to spend it quickly, so Republicans could not claw it back.  Well, I’m a little wary of different ideas of narrowing choices for future legislators, but the FS couldn’t help that.  I appreciate that the Keystone Partners come from a wide array of histories and relationships with various political entities, to avoid seeming like a pass-through for this Admin’s buddies, so I agree with their choices there.  At the same time, I have questions, and many other folks do too and have contacted me.

1. Congress- I don’t have the patience to watch these hearings, though it might be more fun if we could have some kind of chat going on at the same time, making fun of some of the elected representatives (completely unnecessary partisan diatribe, can we get back to the subject, please?).  My observations are that they have been curious about 10 year strategy/BIL/IRA results but not so much about the Keystone Agreements. Maybe someone has been paying attention and there is more information available?

2.  Maybe there is a report on what’s happening with the funding, it seems like with all that funding they should be able to provide regular updates? I know good things are happening, but I haven’t found them to be collected by anyone (yet). In the absence of information, some people are going to think the worst.. why not head that off at the pass?

3. I ran across this job ad for a seed orchard coordinator at Forest Hill Seed Orchard.  Which is a temporary job with no experience required.  Of course, in the old days I remember permanent employees doing that work.  Which made me think  (1) “what about all those hiring requirements that the FS traditionally has?” What about qualifications and series.. and all that, and diversity and so on.  Again, I’m not blaming the FS for working through partners, but I think at some point maybe this is telling us that the regular system is too broken to do what needs to be done to get qualified candidates on board for temporary and permanent hires.  I believe that they probably have to follow OSHA and other rules, perhaps same as contractors, but maybe not.

(2) having permanent people do things like reforestation and seed orchard management meant that there was year to year learning, with knowledge accumulated by human beings, and them adding value and knowledge about the work and how best to do it successfully.

I hope the Forest Service has worked through which skills and knowledge are most important to improve when they decide which jobs to give to partners.  It seems to me that for reforestation at least, there is a scale-up factor and a base level knowledge that should be continued by permanent employees.

4.  Some thoughts about grants.  The theory of federal grants seems to be “we give money to people whom we trust to do the work and don’t guide them and check on them very much.. because we trust them to do the work.” At least that’s been my experience.  When it works it works.. when it doesn’t work, there isn’t much recourse.  That’s why I think it’s good to pick the organizations that were picked.  At the same time, especially if you are experienced with various silvicultural contracts and results, it might make you wonder  “why contract anything? It’s a lot more work to have CORs and inspectors than to just give the money to trusted NGOs.” But if you recall one of the least popular FS efforts to do continuous improvement, you might remember that contractors sometimes were more successful than force account (government employees) at reforestation apparently because their work was formally checked on.   So perhaps the Keystone folks will be doing the same kind of oversight to their subs, but we don’t know.  Then there’s the concept of the “lowest bidder”; when and why is it important sometimes and not others?  Now it is for feeding firefighters (last I heard) but now not, say, cone collection.  Will we even know the costs at the end of this experiment (to be compared to contracting the same work, for example)? And how much will go to various forms of overhead?

5. For whatever reason, the FS does not appear to have been sharing much about all this, and my entreaties and those of others seem not have had an effect. Still there is no reason that the Keystoners themselves couldn’t get together and report in similar formats.  From the folks I’ve spoken with about their curiosity, it’s fairly simple.  It could be updated continuously or published quarterly.

Of the federal funds in these agreements, what has been spent? On what? For what purpose or project?  Who else contributed how much (other FS $ other partners)? What are the outcomes or outputs of the effort? When is the target date for completion, or has the project been completed?

Every Keystone grantee obviously keeps track of all this.. so conceivably it wouldn’t be hard to figure out a reporting format and report.

6.  I think that the Keystone Agreements are a great experiment in how federal agencies can move more quickly to address emerging issues via partners.  Hopefully the FS is laying the groundwork now for a formal set of lessons learned that could be presented to Congress, OMB and others,  for reforms to federal hiring, contracting and grants and agreements procedures.  Maybe that’s pie in the sky, but it seems to me we would all want Good Government at the end of the day, with some efficiency and effectiveness as best we know how.

What thoughts, questions and suggestions do you have?