Group Hails Forest Cooperation

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I saw a local article about our part of the Collaborative Forest Landscape Restoration Program.

For the first time in many years, loggers and conservation groups are working together and the results have been stunning, according to Katherine Evatt, president of the Pine Grove-based Foothill Conservancy.

The Amador Calaveras Consensus Group has been working in the Stanislaus and Eldorado national forests on projects that are part of a larger national program called Collaborative Forest Landscape Restoration.

The goal is to restore forests for people, water and wildlife, and a report released in December shows some of those goals are being met.

The ACCG Cornerstone Project is one of 23 national projects that split $40 million in 2012. According to the fiscal year-end report for the project, the two forests spent more than $658,000 in CFLRA funds this year, matched by more than $433,000 of other Forest Service funds. There was more than $67,700 in ACCG in-kind partner contributions and more than $1 million in leverage funds from ACCG members. Additional funds included a $196,000 grant from the Coca-Cola Company as well as $283,000 worth of in-service work under stewardship contracts.

The article is here

Being Wrong: Adventure Pass Edition

Could it be that with the Adventure Pass program, the Forest Service was once-again trying to emulate business interests it once sought to regulate. Not that this is wrong, or evil—at least not unless you firmly believe that “Money is the root of all evil.” But it is clearly not what I want from the Forest Service. I made this case last year in Forest Service Mindshift: From Regulators to Partners.

I believe that the move to “marketize”, say, an ‘Adventure Pass’ program comes naturally to those in the Forest Service who have been hobnobbing with ski resort owners, Disney people, outfitters, etc. and want to be part of that world. It is just a piece of a broader “Print Your Own Money” mentality that has become firmly entrenched I the minds of some Forest Service managers? Of course they want to be apart from that world too, they want to be recognized as government agents, civil servants, etc. Can they have it both ways? I don’t think so.

My ‘beef’ with the Forest Service in this is, and has been for a very long time, simply expressed via Joni Mitchell’s lyrics from A BIG YELLOW TAXI. (copied from a dialogue thread I put into Eco-Watch bulletin board back in 1999):

Big Yellow Taxi
by Joni Mitchell

~~~~~~
They paved paradise and put up a parking lot
With a pink hotel, a boutique and a swingin’ hot spot

Don’t it always seem to go
That you don’t know what you’ve got till it’s gone
They paved paradise and put up a parking lot

They took all the trees, put ’em in a tree museum
And they charged the people a dollar and a half just to see ’em

Hey farmer farmer, put away that D.D.T. now
Give me spots on my apples but leave me the birds and the bees
please

Late last night I heard the screen door slam
And a big yellow taxi took away my old man

They paved paradise, put up a parking lot (choo bop bop bop bop)
They paved paradise, put up a parking lot
~~~~~~

I don’t want national forest trees put into a “tree museum,” where you “pay a dollar and a half just to see them.” I don’t want “swingin’ hot spots” and other overly luxurious recreation facilities on the public lands. Not that such is imminent, but it might be only a bit further down the road to ‘market land’. In short I want my experiences on public lands to be as far from Madison Avenue spin as possible.

So I was delighted that the Ninth Circuit slapped the Forest Service hard (pdf) on this one—particularly since the Congress put the Recreation Enhancement Act in place to give firm guidance as to how the Forest Service ought to administer fee collection programs. Questions remain. How/Why did the Forest Service come to believe that it was acting within the scope of the Recreation Enhancement Act (available here) when it continued to use the Adventure Pass program for general access fees in some areas after the REA was passed in 2004?

Extended Footnote on Framing/Blaming
In an earlier post, I argued that the there were various ways to frame arguments, building from one of Sharon’s posts. The frame I imposed was a bit extreme, and unfairly characterized the Forest Service as a villain. I did it in part to suggest that Sharon’s earlier post had unfairly characterized the Forest Service as a victim. I realize now that I was unfair in my framing and in my characterization of Sharon’s earlier framing. In short, the victim/villain framing was too harsh and a bit silly—but it did get some folks to think a bit. A better approach would have been to admit that villains are best left for fiction, and that better framing for real world situations ought to follow this advice:

“In the real world there are no villains. No one actually sets out to do evil. … There are no villains … rubbing their hands in glee as they contemplate their evil deeds. There are only people with problems, struggling to solve them.” Ben Bova

In a recent book, Being Wrong, Kathryn Schulz says, among other things, that people often put people they disagree with in one of three boxes: either they are “unformed”, else they are “idiots”, else they are “evil.” Schulz argues that there remains another possibility. People we disagree with may be quite well informed (have plenty of facts at hand), and they may not be idiots, neither evil. They might just view the world differently.

Incidentally, here is a link to a great little video presentation from Schultz at the 2011 TED Conference. Or, if you prefer, just browse the “first few pages” via Amazon of Schulz’s Being Wrong.

I challenge all to steer clear of the victim/villain framing that I used in my earlier post, as much fun as it is to frame things that way. But to so steer is to move away from much of the rhetoric used in the “industry/environmental wars” and other political arenas.

Finally, keep in mind that it proves very hard for any of us, particularly those in power, to admit error. Here is what Diane Ravitch said, when being interviewed on being wrong about her earlier championing of the “No Child Left Behind” program:

Schulz: If you could hear someone else interviewed about wrongness, who would it be?

Ravitch: That’s a hard one. Donald Rumsfeld said he was wrong, but I don’t even want to hear from him. [Former Treasury Secretary, former Goldman Sachs Co-Chair, and former Citigroup Chair] Bob Rubin would be interesting, but he’ll never admit he was wrong. Right now what’s coming to mind are people who have never admitted that they’re wrong about anything.

Schulz: Like who?

Ratcliff: Like basically everybody I’ve been associated with for the last 20 years.

Related Reading
Kathryn Schulz. 2010. Being Wrong: Adventures in the Margin of Error
Robert Jervis. 1997. Systems Effects: Complexity in Political and Social Life
Albert O. Hirschman. 1991. The Rhetoric of Reaction. Perversity, Futility, Jeopardy
Deitrich Dörner. 1989. The Logic of Failure: Recognizing and Avoiding Error in Complex Situations
Larry Tye. 1988. The Father of Spin: Edward L. Bernays & The Birth of Public Relations
Richard Hofstadter. 1952. The Paranoid Style in American Politics

[Note: Here’s a post I developed on The Logic of Failure]

A McKenzie Bridge logging plan takes neighbors by surprise

(The following article appeared in today’s Eugene Register-Guard. – mk)

McKENZIE BRIDGE — Jerry Gil­mour is able to escape from Bend most weekends and drive over the Santiam Pass to his wooded retreat, a cabin he built on a 4-acre swath of pristine land bordering the Willamette National Forest.

 A few weeks back, Gilmour drove up the narrow road off Highway 126 that leads to his property in the small community of McKenzie Bridge, fired up the 100-year-old wood stove that once burned trash in a locomotive and took his yellow Labrador retriever, Kona, for a walk. It’s a routine.

But on this trip, as Gilmour trudged past his favorite old maple tree and through the woods on the edge of his property, something was different. Stapled to the trees were bright blue signs, bright orange markers, and flags dangling from the branches.

“Boundary cutting unit,” the signs read. The author: the U.S. Forest Service. The telltale markers of a soon-to-commence logging operation.

Gilmour was surprised, but as a part-time resident, he figured maybe he’d just been out of the loop. He did some investigating on the Internet and found the description and documents relating to the Goose Project, a 2,134-acre timber sale that will produce 38 million board feet of lumber, enough to fill 7,000 log trucks.

Then Gilmour drove to Edgar Exum and Claudette Aras’ house, which rises from a meadow in the shadow of Lookout Ridge on 20 acres that also border the national forest. Had they heard about the Goose Project? They hadn’t. Nor had any of the neighbors they wound up asking. Not even the publisher of the local newspaper, the McKenzie River Reflections, had heard about it.

Eventually, Gilmour and the Exums learned that a couple of conservation groups, Oregon Wild and Cascadia Wildlands, knew about the project, which the Forest Service had approved in 2010. The groups had appealed the sale, arguing that the agency failed to adequately describe how it would protect the 956 acres of spotted owl habitat in the area. The appeal was denied, the project approved, the 45-day window for public comment closed.

Which means Gilmour and his neighbors have no recourse for weighing in on a substantial logging operation that is literally in their backyards. No recourse to file an appeal or a lawsuit, because they didn’t comment on it in the first place. They can only watch and wait, for the buzz of chainsaw and the whir of helicopters to arrive and start plucking trees out of the forest, one by one.

Except, watching and waiting is not in these neighbors’ DNA. They’ve embarked on what may be a quixotic quest to persuade the Forest Service to stop the Goose Project, gather public input, answer questions from people in McKenzie Bridge and consider changes to the operation.

“They just didn’t tell us,” Edgar Exum said. “That’s my major objection.”

Added Aras: “Burying it in the legal notices is not notification. It just isn’t.”

The Forest Service has no obligation to listen. The agency published a notice of the proposed timber sale in the small print of The Register-­Guard’s classified ad section in 2010, and the 45-day public comment period that followed has expired. But Terry Baker, the McKenzie River District ranger, who was not in that post in 2010, said he’s come to a conclusion that may surprise Gilmour and his neighbors:

“As a district, we dropped the ball on contacting some of the adjacent landowners and community members about the project,” he said.

In addition to the legal notice, the district did contact a few community leaders and held a field trip before finishing the project design, Baker said. That resulted in some changes, among them an agreement that no trees greater than 36 inches in diameter will be cut within 350 feet of a private residence. But the Forest Service could have done better, Baker said. What he would have done is study a map of the property and contact all property owners within a quarter-mile of the project, mailing out notices to all involved and inviting them to participate in the discussion, he said.

While he can’t turn back time, Baker said he’s looking at holding a public meeting in the next few weeks and talking with landowners between now and then to discuss their concerns. He also intends to set up a “community monitoring group” that will keep tabs on the project as it develops and provide feedback that could be used to make changes as it progresses or be taken into consideration on future jobs.

Whether any of that will address the residents’ specific concerns depends on how talks with the Forest Service play out in the coming weeks. The first of five sales of timber closed on Thursday, and it’s unlikely that even a renewed effort to gather input would result in major changes to the project.

Still, “If there are site-specific concerns landowners have, I’m willing to work with them,” Baker said. “There’s going to be a threshold. I’m not sure what it is yet.”

Some of the neighbors’ concerns have already been addressed by the Forest Service in its response to the two conservation groups’ appeal of the project.

Doug Heiken, conservation and restoration coordinator for Oregon Wild, said the Forest Service should have chosen an alternative that avoids logging in mature forests and in riparian areas and that cuts back on the 7.7 miles of temporary roads that will be built to support the project. Beyond that, he said, the 965 acres of spotted owl habitat should have prompted the agency to conduct an Environmental Impact Statement, a more detailed analysis than what the Forest Service did, which was an Environmental Assessment.

“We shouldn’t be logging mature forests in riparian reserves,” Heiken said.

Most of the project involves thinning young planted stands, which is good for fire suppression and wildlife foraging, Heiken said. In fact, Baker says those are among the key reasons the project is happening in the first place: to improve the forest and reduce hazard fuel levels, along with supplying local communities with sustainably harvested timber.

But some residents in McKenzie Bridge question the Goose Project’s 322 acres of “gap” cutting, which they say is a euphemism for clear-cuts, which could result in scars to an otherwise lush forest.

“That ridge is going to resemble a checkerboard in 20 years,” Edgar Exum said.

Baker said the gap cutting on the project is designed to help species from butterfly to elk to ground squirrels who do better in the brushes and shrubs that comprise “early seral habitat,” areas that exist before conifer trees begin to block out the light. As for riparian reserves, that part of the effort is aimed at improving riparian reserves by doing thinning that could allow larger trees to flourish, he said. And the decision to go with an Environmental Assessment was based on consultations with other agencies that resulted in a conclusion that no endangered species would be harmed by the project.

What bothers Gilmour, Exum, Aras and others is that they never got a chance to ask their questions, raise their concerns and have them answered directly. They see good things about the Goose Project, too, but they want more input, information and involvement.

“People around here ought to have known the answers to these questions,” Gilmour said.

Illegal ‘Adventure Pass’: What were they thinking?

The Ninth Circuit Court of Appeals recently overturned a lower court’s ruling, declaring that the Forest Service’s Adventure Pass violated the Recreation Enhancement Act (pdf). What I wonder is how the Forest Service thought that the Adventure Pass could pass a ‘red face test’ both in public and in the courts? Moreover, how did their USDA Office of General Counsel legal advisers feel that they could pass that red face test?

Is this yet another example of the Forest Service pushing forward with an initiative without much regard for the law, with both ‘professional arrogance’ and ‘budget protection/maximization’ motivations as backdrop? Finally, where does the Forest Service go from here?

In my book, given the austerity that the American people now face, and will face more squarely in the future, I think it time to talk seriously about what ought the Forest Service to manage for and at what cost, both in terms of direct cost to the US taxpayer and in terms of environmental costs. For me there are plenty of programs to prune, both within what the agency calls recreation and elsewhere. I believe it past time to take a careful look at Forest Service cash flows, sources and uses. Let’s then try to figure out what more and what less to do, and what to do differently.

A Flashback
Fee Demo and Adventure pass discussions are not new to the Forest Service. The Forest Service had a chance to respond to critics of both way back in 1999-2000 on Eco-Watch [Note this link provides a flat file readout of a forum that was largely devoted to fee demo discussion/criticism]. The Forest Service chose to be silent, just as they did with the recent forest planning rulemaking process. See, e.g my Earth to Forest Planning: Get a Blog. In 1999 I could understand their silence, their reluctance to engage in social media discussion. Social Media was brand new and the Forest Service was toying with it.I no longer have patience with their reluctance to engage.

Evidently the Congress did listen, passing the Recreation Enhancement Act in 2004,to replace the Recreation Fee Demo Program of 1994. But the Forest Service somehow thought that it could evade the clear language of the latter Act.

My question is broader than to allege that the Forest Service routinely ignores the Congress and the Courts. My question is, When will the Forest Service engage in public discourse, in public deliberation? And I’m not taking about the many, mostly facilitated, highly spun so-called dialogue efforts that the Forest Service too often employs. [Note: I am a champion of dialogue, when used for deep inquiry. But I’m afraid that the Forest Service is now in the process of turning “dialogue” into another “inform and involve” spin mechanism.]

Footnote on Framing, Blaming
I threw this post together in response to Sharon’s earlier post on this subject. Both posts are examples of what I call The Frame Game and The Blame Game. Sharon’s post frames this as “a problem if the FS can’t charge fees and doesn’t get funding from Congress.” The Forest Service is framed as the victim and the Congress or those who block general fees/contributions are framed as villains. This remains true (or not) whether or not the frame was imposed innocently. My post frames the issue as one where the taxpayer and/or the public interest are victims and the Forest Service is villain. Neither frame does justice to the problem at hand. But, hey, this is a blog and things are “thrown together” quickly.

In both cases—in every case—we ought not to forget that these twin forces, framing and blaming, are almost always at work. And we must never forget that there are plenty of victims (real and imagined) and plenty of us who can rightfully be viewed as villains from time to time. What remains a challenge and an opportunity is to be able to work together toward betterment of the public interest as best we can when we mostly see only our own shadows playing in reflection off the walls of caves that keep our thoughts narrowly confined.

[Note: 2/24/8:23 AM — I updated this post slightly, in response to a comment]

Brian Brademeyer Ticketed for Timber Sale Violation

Thanks to Terry Seyden for this one!
I swear, sometimes our region has almost as much interpersonal drama as our neighbors to the north!

Noted environmentalist ticketed for timber sale violation
Kevin Woster Journal staff | Posted: Saturday, February 18, 2012 6:15 am

http://rapidcityjournal.com/news/noted-environmentalist-ticketed-for-timber-sale-violation/article_34db78b6-59fc-11e1-9e0d-001871e3ce6c.html

Brian Brademeyer is charged with painting over markings to trick Forest Service crews into cutting down trees.
Kevin Woster/Journal staff

A Black Hills environmentalist who for years has fought U.S. Forest Service timber-cutting projects is facing federal charges for changing marks on trees in a timber sale near his home so that more trees would be cut.
Brian Brademeyer, who lives on a small private acreage inside the Norbeck Wildlife Preserve southeast of Hill City, faces up to six months in jail and a $1,000 fine for the misdemeanor citation served on Jan. 31. He is scheduled to appear before U.S. Magistrate Judge Veronica Duffy on March 15 in Rapid City.
Brademeyer admitted that he painted over marks on more than 20 pine trees on Forest Service land across the fence from his home in the summer of 2010. A Forest Service crew had marked the trees with orange paint so they would not be cut by a planned timber project. Brademeyer painted over the orange with black paint, hoping they would be cut as part of the Palmer Gulch timber sale. Despite that, he continues to oppose the Palmer Gulch sale, which is part of a larger forest management project in the Norbeck.
Cutting the additional trees near his home would have benefitted a meadow that has been encroached by pine trees over the past 50 years, he said.
“I had hoped there would never be a timber sale,” Brademeyer said. “But I wanted the meadow restored.”
He also admitted that fewer trees would have aesthetic value for him.
“Yeah, it would have enhanced my view. There’s no doubt about that,” he said.
Forest Service officials declined to discuss the case. And U.S. Attorney Brendan Johnson said he couldn’t comment.
But former Forest Service spokesman Frank Carroll of Custer, who retired from the agency in January, said Brademeyer was serving “purely selfish reasons” when he used paint to alter the marks on the trees in a federal timber sale.
After arguing time and again against timber sales and their potential to benefit the forest and wildlife, Brademeyer obviously embraced the idea of judicious tree removal when it came to forest land near his home, Carroll said.
“We have to look at this action of Brian’s part in terms of a lifetime of opposition to forest management projects and cutting trees in the Black Hills,” Carroll said. “And for him to step in there and mark those trees for his own benefit is disingenuous and self-serving. It’s also really sad.”
Altering marks in a timber sale is a big deal, said Tom Troxel of Rapid City, director of the Black Hills Forest Resource Association, which represents the timber industry.
“There are lots of timber sales that our purchasers and loggers find problems on, things that we don’t like,” Troxel said. “But no way do we ever try to change the markings. That’s just something you don’t do. It’s illegal, and it would hang our purchasers and loggers out to dry if we did.”
Brademeyer said he had worked with the Forest Service about ways to regenerate the meadow and was left with the impression that officials were willing to cut more trees there. But he also admitted that it was a bad idea for him to change paint marks.
“It was probably stupid, but I didn’t think it was a large deal,” Brademeyer said. “It was stupid but not criminal.”
Yet the criminal charge is pending. It came more than 18 months after Brademeyer was asked in an email from Lynn Kolund, Hells Canyon District ranger in Custer, if he was responsible for the unauthorized re-marking that had been discovered by a Forest Service marking crew.
In the email, a copy of which was provided to the Journal by Brademeyer, Kolund discussed some larger trees near Brademeyer’s place that were marked to be saved for wildlife benefits.
“The wildlife biologist made decisions to leave some of the marked trees for use by bird species. These were some larger trees with more limbs,” Kolund said in the email to Brademeyer. “The crew ran out of paint to finish the job, and when they returned it looked like someone had used some black paint to mark more trees.
“I was curious; did you help us out and mark these trees?” Kolund asked.
In a return email, Brademeyer said he admitted the marking. Yet he wasn’t ticketed for the violation until just weeks ago. Kolund said he couldn’t talk about the case, but noted that Hell Canyon Ranger District crews were busy at that time on many projects, including the coming sales in the Norbeck.
When private timber crews entered the area recently, they found the suspicious-looking marks and reported it to the Forest Service. The citation followed.
In September of 2010, Friends of the Norbeck and the Native Ecosystems Council, two groups led by Brademeyer, challenged the planned Norbeck Wildlife Project in federal court. U.S. District Judge Jeffrey Viken denied the groups’ request for a preliminary injunction in December of that year and allowed the first project in Norbeck to proceed.
In late January of 2011, Viken dismissed the suit. The environmental coalition appealed to the 8th U.S. Circuit Court of Appeals, which affirmed Viken’s ruling last fall.
Just last week the environmental groups decided to ask for a U.S. Supreme Court hearing on the case. And Brademeyer admitted the citation against him played a role in that decision.

So I ‘ve been reading books on trust recently including right now Stephen M. Covey’s “Smart Trust.” He has a bunch of interviews he did for the book, you can google it, here’s a link to one.
It makes me think that we should maybe be careful about calling this person an “environmentalist.” One environmental organization can have QA/QC to some extent but the whole bunch of them can’t because there are no trust enforcement mechanisms. I think the Forest Service could potentially work on trust, but perhaps not “all federal employees”, if you see what I’m saying. That’s why I retitled the titled here as “human being” not “environmentalist.”