Feds Respond in Eastside Screens Lawsuit

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Feds Cite ‘Scientific Support’ For Policy Shift On Tree Removal

Excerpt:

Law360 (February 14, 2023, 3:33 PM EST) — The U.S. Forest Service is defending its decision, in early 2021, to scrap a decades-old restriction on cutting down old and large trees in the Pacific Northwest, arguing that a more flexible standard is needed to ensure that forests in the region can survive a growing number of wildfires.

Responding on Friday to a lawsuit filed by environmental activists, the Forest Service cast its old regulations — prohibiting the removal of trees that measure over 21 inches in diameter — as outdated and overly rigid.

The federal agency said its new standard, adopted in January 2021, provides a flexible approach that emphasizes protecting old trees in the Pacific Northwest but allows the removal of certain tree species that aren’t fire tolerant and crowd out ecologically beneficial species. That policy shift, the Forest Service said, “satisfies all statutory requirements and enjoys strong scientific support.”

“The weight of scientific consensus counsels the Forest Service to mitigate [wildfire] threats by actively managing forests to favor more historically prevalent, fire tolerant species,” it argued. “But that change is impossible if the Forest Service cannot cut any competing fire intolerant species over 21 inches in diameter.”

Federal authorities adopted the 21-inch prohibition as part of a 1994 series of timber regulations known as the Eastside Screens, which applied to 7.9 million acres of national forests in the Cascade Mountain Range of Oregon and Washington.

Read more at: https://www.law360.com/articles/1575462/feds-cite-scientific-support-for-policy-shift-on-tree-removal?copied=1

Ninth Circuit considers effects of ‘temporary’ logging roads in national forest

That’s the title of a Courthouse News article. Subtitle: “If forest roads can exist as long as 20 years, are they really temporary?”

“On appeal, North Cascades argues nothing within the Forest Service’s contracts with intervenors Skagit Log and Construction, Hampton Tree Farms and Hampton Lumber Mills guaranteed that roads would be closed at the end of its use. As such, the Forest Service violated the 1994 Northwest Forest Plan because there will be a net increase in road mileage within the project area for as long as 20 years.”

Focus on Diversity: The Journeys of Black Professionals in Green Careers

Folks, this isn’t a forest planning issue, not directly, but it may be of interest here on Smokey Wire. The outfit I work for (I’m Director of Sustainability Communications at the Sustainable Forestry Initiative, SFI), just released a book, Black Faces in Green Spaces: The Journeys of Black Professionals in Green Careers.

The 120-page publication, was produced by Minorities in Agriculture, Natural Resources, and Related Sciences (MANRRS), Project Learning Tree, and the SFI—all are non-profits. It profiles 22 Black Americans who share their personal stories about finding their passions and overcoming challenges, and offer advice to the next generation about exploring their own careers in the forest and conservation sector.

This is a very positive Black History Month story. Journeys includes a brief history of Black Americans in forestry from the colonial period to the present, along with a foreword by Randy Moore, chief of the US Forest Service and the first Black American to hold the position. Several USFS folks are profiled, including Beattra Wilson, Assistant Director for Urban and Community Forestry.

Although you may not be a reporter, you’re welcome to attend the virtual Media Briefing and Q&A session tomorrow, Wednesday, February 15, 2023 from 11–11:30 a.m. Eastern Time. You can register for the Zoom session here. You’ll be able to ask questions of Mia Farrell (Past-President) and Marcus Bernard (current President) of MANRRS, and others.

You can download Journeys as a PDF for free. Individual printed copies of Journeys are also available for $39.99. Bulk orders for organizations that want to distribute printed copies to employees, students, networks, and partners are welcome ($800/box of 25 copies). We’re asking folks to consider buying or donating a box and give them to schools, colleges, and universities across the US, such as Title I schools and Historically Black Colleges and Universities (HBCUs).

Forgive me for shamelessly promoting this book. I’m proud to have been a part of the Journeys team.

Wildfire Emergency Act

PR from Sen. Feinstein’s office. Good move, IMHO:

  • Establishes a prescribed fire-training center in the West. Currently, the U.S. Forest Service operates just one prescribed fire training center in Florida.

 

Washington—Senators Dianne Feinstein (D-Calif.), Alex Padilla (D-Calif.), Steve Daines (R-Mont.) and Ron Wyden (D-Ore.) today introduced the Wildfire Emergency Act, a bipartisan bill to reduce the risk of catastrophic wildfires in the West.

This bill recognizes that the threat of wildfire is an emergency for the American West. Among the bill’s provisions include allowing the U.S. Forest Service to leverage private financing to accelerate forest restoration projects, creating a program to ensure critical facilities maintain power during wildfire disruptions, expanding a weatherization grant program to help low-income households fireproof their homes and establishing a prescribed fire-training center in the West.

“Wildfires throughout Western states, particularly California, are becoming deadlier and more destructive because of climate change. We must recognize this as the new normal and do all we can to help reduce the risk of devastating wildfires,” Senator Feinstein said. “This bill approaches the problem of wildfires from multiple directions: it accelerates forest restoration programs that reduce the threat of fire, it funds programs to help communities mitigate local fire risks and it invests in technology and firefighter workforce training to better equip us to battle these fires. Every level of government and the private sector must be involved in this fight, and this bill will go a long way toward helping us prepare for a hotter, drier future.”

“Climate change is accelerating the threat posed by wildfires in California and across the American West, making these catastrophic events the norm in our state,” said Senator Padilla. “Now is the time to make meaningful investments in wildfire prevention by allowing private financing options to help local governments in their effort to keep communities safe. The Wildfire Emergency Act would bring more resources to save lives and protect communities. By improving forest management, shoring up critical energy infrastructure, and training more forest managers, we can limit the devastation caused by extreme wildfires.”

“Montanans are sick and tired of breathing in smoke as our forests continue to burn – we need to act now to mitigate the effects of yet another deadly fire season, Senator Daines said. “Our bill expedites critical forest management projects, invests in next-gen technology and research, and protects at-risk Montana communities. We must manage our forests before they manage us.

“To address the threat of catastrophic wildfires in the West an all-of-the-above approach is needed,” Senator Wyden said. “This means making essential upgrades to keep the lights on when disaster strikes and giving communities the firefighting workforce and latest technology required to get fires under control. Our bill also prioritizes mitigation work now to prevent wildfires from turning into the megafires that destroy lives and property. The climate crisis is here, and the West needs more support.”

What the Wildfire Emergency Act does:

  • Provides up to $250 million to increase the pace and scale of forest restoration and wildfire resilience projects. These funds would allow large-scale forest restoration efforts on up to 20 landscapes of at least 100,000 acres each to achieve maximum benefit.
    • The U.S. Forest Service would be granted pilot authority to bring together local stakeholders, conservationists and private financing groups to leverage additional funds to implement these projects faster. Each project could receive up to $50 million in new financing under this pilot authority.
    • The bill requires a report to Congress on the impact of this pilot authority and any barriers to making the authority permanent.
  • Establishes an energy resilience program at the Department of Energy to ensure that critical facilities remain active during wildfire disruptions. Up to $100 million is authorized to make necessary retrofits for this purpose. Backup power would prioritize renewable fuels rather than diesel generators.
  • Expands an existing Energy Department weatherization grant program to provide up to $13,000 to low-income households to make wildfire-hardening retrofits including ember-resistant roofs and gutters.
    • In many states, including California, insurance companies will automatically reduce fire insurance premiums for homeowners who harden their homes against wildfire.
  • Expedites the placement of wildfire detection equipment on the ground including sensors and cameras, as well as the use of space-based observation to identify new fires faster and help firefighters respond more effectively.
  • Authorizes funding for programs to expand the forest conservation and wildland firefighting workforce.
  • Establishes a prescribed fire-training center in the West. Currently, the U.S. Forest Service operates just one prescribed fire training center in Florida.
  • Authorizes grants to professional organizations, state agencies and academic institutions to support training the next generation of foresters and firefighters. These grants would provide for increased outreach to interested students as well as support training and internships for interested individuals.
  • Authorizes up to $50 million to support community grants of up to $50,000 for locally focused land stewardship and conservation.
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New Wildfire Paradigm: Time for a Western Wildfire Forest Plan?

From UC Davis…. We have a Northwest Forest Plan to address northern spotted owls and old-growth. Maybe we need a Western Wildfire Forest Plan that amends forest plans to address wildfire….

Unprecedented Levels of High-Severity Fire Burn in Sierra Nevada Forests

The ‘Wrong Kind of Fire’ Is Burning Compared to Historical Patterns

For the study, published in the journal Ecosphere, scientists analyzed fire severity data from the U.S. Forest Service and Google Earth Engine, across seven major forest types. 

They found that in low- and middle-elevation forest types, the average annual area that burned at low-to-moderate severity has decreased from more than 90% before 1850 to 60-70% today. 

At the same time, the area burned annually at high severity has nearly quintupled, rising from less than 10% to 43% today. (High-severity burns are those where more than 95% of aboveground tree biomass is killed by fire.)

$15/Hour for USFS Fire Jobs

Mike Archer’s wildfire news email today has this item:

The U.S. Forest Service has more than 120 fire-related job openings in the Stanislaus National Forest, paying from $15 to more than $35 per hour, and the agency is hosting an in-person application-assistance and hiring event in Sonora today.
Stanislaus National Forest to host hiring event Tuesday in Sonora for 120+ openings https://www.uniondemocrat.com/news/article_3a99fa0a-9b88-11ed-aab7-33e4233e8071.html

The article says it’s not quite $15:

The job openings represent all aspects of the forest’s fire operations, from basic, boots-on-the-ground wildland firefighters, who start at $14.38 and can earn up to $18.06 per hour; to fuels managers, who start at $27.07 per hour; and assistant forest fuels manager, who start at $39.69 per hour, Forest Service spokesman Benjamin Cossell said Monday.

I’d say $14.38 isn’t going to attract folks. What amount would? $20/hour?

New NEPA Guidance on Considering Climate Change

This sounds like it could have an impact of USFS and BLM NEPA analyses for timber harvesting and other forest management projects. The new guidance is explained in the Federal Register. Legal firm Perkins Coie has an analysis here.

ClimateWire (subscription):

How NEPA guidance could favor climate projects over ecosystems

A White House document would emphasize carbon reductions when permitting large projects. That could have unintended consequences on forests, wetlands and species.

Excerpt:

The White House interim greenhouse gas guidance could amplify climate considerations in a way that overshadows other environmental benefits, like preserving forests and wetlands.

The draft document, which directs agencies on how to treat climate change when reviewing projects under the National Environmental Policy Act, could show that things like solar arrays and transmission lines are more beneficial than protecting trees or marshes because of their potential for large-scale carbon reductions.

That’s because the guidance includes for the first time a monetary test to measure the costs and benefits of a project. And it’s weighted toward lowering emissions, due in part to the Biden administration’s soaring damage estimates from carbon dioxide.

The NEPA guidance, released earlier this month, stressed that agencies must consider indirect and cumulative greenhouse gas emissions associated with a proposed project, not only on-site emissions. Add that to an updated social cost metric, and the premium associated with avoiding greenhouse gases could be astronomical.

In contrast to the previous NEPA guidance on greenhouse gases finalized in 2016, it gives agencies very little wiggle room to claim that a project’s aggregate contribution to climate change can’t be estimated. In the “rare instance” that tools and methodologies aren’t available to allow a permitting agency to quantify all the direct, indirect and cumulative greenhouse gas consequences, the guidance states, the agency should offer a range of values instead.

Once the greenhouse gases are known, it states, monetizing them using the social cost figures should be a “simple and straightforward calculation.”

That prompts some experts to wonder whether this step toward cost-benefit analysis as a feature of NEPA review might cause other priorities like forest preservation, waterways or biodiversity to suffer by comparison — and perhaps to be sacrificed for projects that promise large climate gains.

USDA to Create Plan to Expand Recreation Economies and Help People Thrive Across Rural America

Press release — from the National Institute of Food and Agriculture:

I live in one of the “gateway communities.” IMHO, we don’t need a plan or a toolkit, we need the USFS to aggressively address the recreation facility and road maintenance backlog and expand/add rec facilities to meet demand that has increased dramatically in recent decades.

 

WASHINGTON, Jan. 19, 2023 – The U.S. Department of Agriculture (USDA) today announced that it will create a plan to expand recreation economies to help people thrive across rural America.

Through a Memorandum of Understanding, Rural Development, the National Institute of Food and Agriculture (NIFA) and the US Forest Service will partner to develop an annual plan to expand economic opportunities related to recreation in communities surrounding America’s national forests.

The annual plan will outline the ways the agencies will partner to conduct program outreach, host informational sessions and workshops, and develop toolkits to help people access the resources they need to thrive in recreation economies. The agencies will also:

  • Provide technical and planning assistance to help local, state and Tribal leaders develop regional economic development plans that advance recreation economies.
  • Provide funding under Rural Development and National Institute of Food and Agriculture programs to help US Forest Service gateway communities expand resilient recreation infrastructure and business development projects that create jobs.
  • Develop and maintain strategic partnerships, and more.

Today’s announcement supports the Biden-Harris Administration’s interagency effort, known as the Federal Interagency Council on Outdoor Recreation

, to create safe, affordable and equitable opportunities for Americans to get outdoors.

For more information, visit: https://www.fs.usda.gov/sites/default/files/USDA-Interagency-Outdoor-Recreation-Economy-Memorandum-of-Understanding.pdf.

To subscribe to USDA Rural Development updates, visit GovDelivery subscriber page

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Storymap of 2020 Wildfires, Willamette NF

Here’s an informative Storymap about the road system in the areas burned by wildfires (176,000+ acres) on the Willamette National Forest in 2020. It explains the damage and dangers from falling trees and looks at the recovery and rehabilitation of roads.

One page in the Storymap has links to photos at various points in the burned area, such as this one:

https://services1.arcgis.com/gGHDlz6USftL5Pau/arcgis/rest/services/PhotoPointMonitoring_View/FeatureServer/0/4/attachments/15

Thanks to Mike Archer for the link in his free WIldfire News of the Day email today.