Taking a Look at Keystone Funding and Projects: Some Advice to New Administration

First page of Mule Deer Foundation grants from datarreublican website

 

As many of you remember, Dave Mertz and I did a FOIA back in April for the Keystone Master Agreements. In July, we asked for the SPAs related to the Master Agreements and the annual reports.   We started at the WO, and it was later farmed out to Regions.  For example, Region 9 received the FOIA on October 18.   So far, we have heard from Regions 10, 4, 2, 1, 9 and 6. So far 3, 5 and 8 haven’t responded.  Some Regions’ FOIA people called and discussed what we were looking for, so kudos to all of them!

Dave and I have concerns about the general approach of farming out work to grantees and various other questions and concerns.. which we’ll get to in a later post.

The reason for posting this now is that we don’t know if people from the new Admin read TSW, but just in case, I hope this encourages them to unfreeze these funds. Yes, I am able to hold both ideas at once.. “this isn’t my favored approach”, and “don’t switch horses in the middle of the stream”, especially since they have at least partially crippled the horse we’re all currently riding (employees).

I think any of us could look at BIL and IRA projects and find ones that look questionable or bogus.  I might think that some projects encompass over-planning and analyzing, and holding conversations about strategies for collaboration,  and under – actually doing things.  Others may not be fond of the NWTF log train.  I also think the new Admin needs to look at the on-the ground projects being funded and not the buzzwords used.

My other request to the new Admin would be… for transparency, please ensure that agencies post their agreements, deliverables, and progress reports online, saving time and effort of FOIA folks and those who are interested in information.

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Given that background,  let’s dive in and look at the information provided by Datarepublican on the Mule Deer Foundation.  She seems to be one person (not a group)  who has developed an alternative search methodology to USAspending.gov.  She explains it on her Substack. It’s way over my database knowledge (they lost me in the 80’s with S2K), but some may be able to follow. It’s definitely easier to use and faster than USAspending.gov and also links to it for specific grants.

I am not picking on the Mule Deer folks here, I could have picked any group, plus we don’t know that they had anything to do with how their info is portrayed on USAspending.gov.  I mostly picked them because when I search on their EIN, I don’t get random other stuff.   So here is this link, for example.

It shows that $11.5 million was obligated so far and $2 mill has been outlayed.  The bucks appear to come from the IRA, and the description is “increasing capacity for ecological restoration and wildlife habitat projects.” Some say that the IRA was a “climate bill” but it was also “all kinds of stuff we like with large amounts of money going to our friends” bill.

“Increasing capacity” is not exactly “conducting projects”.  What if the fields were populated by “best descriptions of what the grantee plans to do” with links to the agreement,  deliverables and annual reports?  I  would guess  USAspending.gov just picked up the description from the grant somehow.  I think a happy spot might be somewhere between marketing hype and one-line vagueness.

Here’s another one .. it’s only for $180,000 but the description is “KEYSTONE AGREEMENT INFLATION REDUCTION LAW FUNDING.” My guess is that some AI must pull this from the grant.  It doesn’t seem very good from the transparency point of view, and it doesn’t make the agency nor the grantee look good.  My FOIAing suggests that all these grants are for more or less (given personal preference) useful work; but if we can’t see it, folks may assume the worst.  I mean, who else but retirees would spend months FOIAing and reading progress reports?

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Here is a similar search for Trout Unlimited.  For some reason I used their EIN and it pulled up a different group.  This search has TU grants with others mixed in.

Here’s TNC, I used their EIN. Note that many agencies pass $ through them in addition to the FS (and there’s at least one urban tree project).

Here’s the Student Conservation Association .. there’s quite a bit of trail maintenance as well as “advancing climate justice” and fire workforce development.

I used what I thought was the EIN for NFWF -52-1384139 and it showed “no results found.”

Here’s  National Wild Turkey Federation, looks like a total of 120 mill spent by feds but includes USFWS, BLM and NRCS.

Here’s National Forest Foundation.. again the EIN I found didn’t work so NFF grants are mixed in the list with others.

Here’s American Forests. Their EIN worked, but I still got other grantees mixed in.  My own thought is that the FS could have, and has,  developed regional reforestation strategies without needing additional “capacity,” but like I said, to each their own. There are also large chunks for urban and community forestry, but that’s always been a pass-through program, like State and Private without the State part.

Here’s NFWF . The first one that comes up is $11 mill for Copper Fire restoration work.  Possibly there is a description of what they did on the NFWF site, but why not have that information linked somewhere?

What’s Happening to Grants and Contracts?

There’s an interesting story out of AP. The headline is

Trump wants states to clean up forests to stop wildfires. But his administration cut off funds

So I wondered what was going on, it sounds like S&PF funds from the headline, which may have already been dispersed to the States.

Here’s the story:

PORTLAND, Ore. (AP) — President Donald Trump’s administration is holding up money for wildfire mitigation projects funded through legislation championed by his Democratic predecessor, threatening efforts to prevent catastrophic blazes like the ones that recently ripped through Southern California.

The decision undermines Trump’s repeated insistence that communities need to clear combustible materials like fallen branches and undergrowth — “it’s called management of the floor,” he said while visiting Los Angeles last month — to guard against wildfires.

Elizabeth Peace, a spokesperson for the Interior Department, said via email that mitigation work is “currently undergoing review to ensure consistency” with Trump’s executive orders.

The scrutiny is being applied only to projects using money from the Bipartisan Infrastructure Law and the Inflation Reduction Act, two centerpieces of former President Joe Biden’s administration. They included roughly $3 billion for wildfire mitigation efforts, often known as hazardous fuels reduction programs.

Peace said those programs are continuing if funded by other congressional appropriations.

So the story is that BIL and IRA funding is being reviewed. Technically speaking, I wouldn’t say that was “cutting off funds.”  I know many of us have been involved in projects that required WO review, including Roadless projects, which ultimately went through.  It will be interesting to see what ultimately happens.

If anyone has  experience of grants or contracts at the Forest Service being shut down, it would be helpful to know.  Is the story that they are being reviewed or stopped?  Is there a pattern to which ones are stopped. I’ve contacted various grantees, and people I know there, but so far have received no answer from them. I also have received no replies from the FS medial folks.  I’m sure they are overwhelmed at this point.

I’ve heard that there’s a pause on new agreements, and a pause in spending BIL (and possibly IRA?). Is this consistently applied, or are wildfire suppression related grants and contracts exempt?

Direct Contracting Bad, Contracting by Grantees Good?: E&E News Story

The headline of this E&E News story is “Trump downsizing may speed Forest Service outsourcing”.  Now, if our source is correct, and it’s really a $1 bill deficit achieved under the Biden Admin, is it too early to be blaming Trump? I’ve heard of pre-bunking, but is this pre-blaming?

Already struggling to close a multibillion-dollar maintenance backlog on lands it manages, the Forest Service may have to rely more on private donors and contractors to care for the national forest system under the second Trump administration, people who work with the agency say.

Congress created the NFF in the early 1990s to provide a way for nonfederal partners such as corporations to support work on national forests. It also receives direct funding from the Forest Service and saw a big boost from the Infrastructure Investment and Jobs Act and the Inflation Reduction Act.
Since 2020, the NFF has received $587 million in grants, contracts and related funds from the Department of Agriculture for tree planting and various conservation work. The organization in turn contracts with other groups such as Conservation Legacy for work on the ground.

Interesting that the maintenance backlog is mentioned, but not the self or political-generated(we don’t know) financial crisis.  And to paraphrase the old quote (attributed to Everett Dirksen but apparently printed in the NY Times in 1938).. “half a billion here, half a billion there, pretty soon it begins to add up to real money.”

My view on this is that  “both things are true”; partners do useful work that is helpful (yay!, thank you!), AND we can question whether this is the most effective tool for getting it done.. versus hiring people, and contracting directly. Especially when there is no match requirement.

If the short-term problem is not enough Contracting Officers and an atrociously inept government-wide hiring system, there are a variety of different solutions that could be imagined. If hiring and contracting requirements are necessary for good government, why should we allow grantees to effectively evade them? Maybe all the requirements the FS has aren’t necessary and some are ideas that sound great on paper but aren’t working in practice.  Thinking that “bad” contractors need to be watched carefully and “good” partners hardly need to be watched at all might lead us into accountability issues, leading to Congress not wanting to give the FS more bucks..and a funding death spiral.

Big corporate donors to the NFF in 2023 included Polaris Industries and Tellurian, each of which contributed $1 million or more, according to the foundation’s 2023 annual report.

Other corporate supporters included the recreational vehicle maker Airstream, REI Co-Op, Verizon and Exxon Mobil.

Government support still outpaced such contributions, with the organization reporting $30 million in government grants and contracts, compared to slightly more than $20 million in contributions and pledges. Together, the funding helped the NFF issue 311 grants or contracts for work on 3,114 miles of national forest system trails, among many other jobs. One of those recipients is Conservation Legacy, based in Durango, Colorado, where President Amy Sovocool told POLITICO’s E&E News the organization performs almost any task in the forest other than fighting wildfires.

(my bold)  Inquiring minds might ask, “why didn’t the FS fund Conservation Legacy directly?”. Is there 10% overhead for each organization? So maybe 20% total?

Advocacy and lobbying groups such as the Nature Conservancy, the National Wild Turkey Federation and Ducks Unlimited have seen their roles expand, too, through ongoing arrangements with the Forest Service to thin forests, conduct prescribed burns and harvest timber.
The NWTF has a 20-year master stewardship agreement signed with the Forest Service in 2022 and has been among the leading purchasers of timber from national forests.

There are two things I think are interesting about the discussion below.  The most massive transfer of work outside the Forest Service, with reduced accountability compared to contracting, was the Biden Admin’s Keystone and other agreements (like the Coconino-Southern Baptist Convention project).   Yet the article seems more worried about future Republican-generated contracting.

And Andy Stahl and Jim Furnish weigh in:

But officials’ growing reliance on outside groups for a multitude of jobs is drawing scrutiny from some people close to forest policy.

The new administration, with a Republican congressional majority to back it, may seek to accelerate privatization in national forests, said Andy Stahl, executive director of
Forest Service Employees for Environmental Ethics. It’s tempting to support such moves, Stahl said, given the agency’s management challenges in juggling wildfire and other priorities. But there’s also a danger of “mission creep” as the type of work the Forest Service hires out expands.

I’d add “knowledge and expertise loss.”

Groups like the NWTF support forest management targeted at maintaining hunting grounds, which sometimes means clear-cutting to create more favorable habitat. That’s drawn criticism from environmental groups. Relying heavily on contractors “creates these sort of perverse financial incentives for logging,” said Ellen Montgomery, public lands campaign director for Environment America, an environmental group based in Denver.

I think these folks have to pick a lane also.. if you think the NWTF might influence the FS to do things it wouldn’t otherwise do, why not Trout Unlimited?

Others question whether outsourcing actually saves the government money. In 2012, the Center for American Progress published a report suggesting the federal government could save money by bringing some contract employees on as federal hires.

So CAP thinks contracting not good, granting is good.  At least we can infer that CAP thinks that because they seemed to be running the Biden Admin, which encouraged the FS to flood NGOS with BIL and IRA megabucks via grants.  And the grantees generally contract to do the work, so it’s still contracting, though not directly. So CAPs analysis would still fit? Puzzling.

To Furnish, the former deputy chief, the Forest Service lost some accountability in turning over so much work and money from the infrastructure law and the Inflation Reduction Act to outside groups. The Inflation Reduction Act alone provided $5 billion to the agency, but the agency now finds itself in the budget squeeze that’s resulted in reduced hiring.

Forest Service officials blame lower-than-expected job attrition, mandatory cost-of- living increases for employees and inflation, among other factors. And they’re predicting more need for help from outside. Furnish said he has a hard time making sense of the situation. “It just kind of boggles my mind to think how things went from a pot of gold to a budget shortfall.”

I agree with Jim on all those points.  Maybe someday, as Rich J. suggested in a comment, we’ll get some kind of story about what happened to cause the budget crisis that makes sense.

 

 

More Info and Opportunity to Ask Questions About the Coconino/National Baptist Convention Project

I’d like to start by giving a shout-out to the Coconino National Forest.  When I called them, a real person answered the phone at the SO.  She put me directly in touch with a public affairs person.   They also volunteered to answer folks’ questions about the project, so please put your questions in the comments.  This is excellent, since my emails and phone calls to the contacts at the Convention itself have gone unanswered.

Anyway, here is the Forest’s original press release:

Due: Oct 3 / released Oct 16

The National Baptist Convention has put its faith in a Forest Service keystone partnership to execute forest management tied to the USDA Wildfire Crisis Strategy (WCS).

The Nashville-based convention signed a participating agreement Aug. 12, 2024, to reduce forest fuels on the 4 Forest Restoration Initiative (4FRI) landscape as its first venture. The project aims to masticate trees along 20 miles of road edge on the Mogollon Rim Ranger District of the Coconino National Forest. Since the first week of September, trees near Forest Service Road 300 have been pulverized into chips, with slash left on the ground. These areas are treated boundaries allowing firefighters to conduct hundreds of acres worth of prescribed fire ignitions with minimized risk and exposure.

The National Baptist Convention is 7.5 million members strong, comprised of 99% African Americans, of which 49% have a household income of $30,000 or less, 66% live in the top five rural states in the south and 54% have a high school education or less. Opportunities to partner with the Forest Service to complete meaningful work benefits these under-served communities, with increased access to economic benefit and delivery of resources back to their rural communities. The convention has taken on the business of disaster management in the past, requiring cutting down trees and putting down sand bags in harsh conditions. It is now mastering a learning curve to be in the business of forest management.

The convention became a keystone partner aligned with the Department of Agriculture Strategic Plan goal to advance diversity, equity, inclusion, and accessibility in program and service. Through a trickle-down effect, the National Baptist Convention shared its equity spotlight with its hired contractor Kelly Liu of Innovative Consulting Solutions, which is an Economically Disadvantaged Woman Owned Small Business.  The project aims to be completed in late November 2024 with prescribed fire ignitions planned for next spring.

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I was hoping that the trickle-down mentioned in the press release might involve local folks (or even Arizonans) but it seems like the President of Innovative Consulting Solutions is located in Baton Rouge. It also has the same name as several other businesses. Here’s Ms. Liu’s Linkedin page.

Innovative Consulting Solutions provides strategic business development consulting. We specialize in achieving rapid, exponential growth.

Since 2017, we have helped clients secure $900 million in profitable contracts.  We specialize in business development, marketing, content creation, proposals, and project management. Our sectors of expertise include government services, construction management, disaster recovery, and energy management.

It seems to me that the consulting fees on $900 mill may raise employees of that company, whatever their race or gender, somewhere above “economically disadvantaged.”

I find it mildly fishy that there are so many companies with the same name.

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But it’s all in the name of “equity”, and I can’t get out of my mind that it’s just another abstraction that means “it sounds good, and it is whatever we say it is.” So I went back to the Executive Order.

Here’s the definition of equity in the Executive Order, which President Biden signed on January 20 (inauguration day) 2021.

Definitions. For purposes of this order: (a) The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

(b) The term “underserved communities” refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity.”

I’ll have to check with Arizonans, but I would bet that there are Black, Latino, and Native American persons and businesses there.  Both the Native Americans and Latinos have histories of working with these lands, but if not, they too could be funded to develop a “learning curve.”  Also,  some Arizonans are LDS, which qualifies as a religious minority, and there are many “persons who live in rural areas.” So I’m still puzzled as to why the folks getting this funding were chosen.  Perhaps some underserved communities count more than others in the USG equity efforts, either intentionally or accidentally.

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Anyway, please put your questions for the Coconino folks in the comments below, and I will ask them.

National Baptists Masticate on the Coconino: Is This Forest Service Grant Really About “Equity”?

Copies of the National Baptist Convention Master Agreement and Coconino SPA was sent to me out of concern about church and state.   The Feds do give many grants to religious organizations (such as the US Conference of Catholic Bishops, for example).  It seems to me that those grants are usually given to organizations that are already doing something (say providing food or housing) and helping them to do more.  They may or may not have a match, as far as I know.

*After I wrote this, I noted I didn’t point out that this denomination of Baptists is Black; I don’t know whether that matters or not to readers, but seems relevant to the idea of “equity” and how it is interpreted by the Forest Service.*

There are several interesting and perhaps unusual things about these agreements, and I’d like to highlight a few here.

  1.  NBC does not seem to have experience in activities around the Wildland Fire Strategy, and the MA (Master Agreement) says this is what their interests are:

Embracing the stewardship of creation and the empowerment of individuals, the National Baptist Convention (NBC) strives to foster a nurturing environment both spiritually and naturally. In collaboration with like-minded organizations, NBC endeavors to sustain and enrich the lives of communities, while preserving and enhancing the health and beauty of the nation’s forests and grasslands. Through evangelism, education, and active engagement, NBC aims to cultivate a legacy of faith and conservation, nurturing a harmonious existence between humanity and the earth.

In the background section, the MA says:

Two significant recent investments from Congress-the Bipartisan Infrastructure Law (BIL- 2021) and Inflation Reduction Act (IRA – 2022)-allocated substantial funding to the Forest Service to meet these challenges. In addition to other tools, this national agreement and partnership will be a concerted effort to address such needs and may include funding from both BIL and IRA, as well as regular appropriations, to allow for tailoring of specific projects to the needs of individual Regions and Forests where the fuels reduction and ecosystem restoration requirements are the greatest.

2.  In the MA there seems to be a peculiar partnership with a for-profit government contracting entity.

D. ESTABLISH SUB-PARTNERSHIP. The National Baptist Convention USA, Inc. will establish a Sub-Partnership with Dynamic Construction Group LLC to coordinate specific roles and responsibilities per each established supplemental project agreement (SPA) to accomplish mutually agreed upon work projects.

a. The National Baptist Convention USA, Inc. will support all administrative and financial management of the agreement. The National Baptist Convention USA, Inc. will also support outreach and engagement activities, such as (but not limited to) meeting design, meeting facilitation, public information development/maintenance, development of workshops and educational materials, recruiting and training volunteers, partnership building, and shared stewardship coordination.
b. Dynamic Construction Group LLC will support implementation of on-ground activities and improvements, such as (but not limited to) vegetation thinning to reduce high levels of hazardous fuels and improve forest resilience to wildfire and overall resource health, NEPA Planning and supporting surveys, watershed restoration and other enhancements of aquatic habitat, cultural site restoration and protection, reforestation, noxious weed abatement/control, and other activities that improve wildlife habitat, recreation infrastructure among other integrated accomplishments on National Forest System lands.

What can we discern about Dynamic Construction Group LLC?  This is really above my investigative paygrade, but it seems to be a company based in Baton Rouge, LA that “provides services related to disaster response, infrastructure construction and facility support.”  According to this site, they have two IDIQ awards, one with DHS with a potential value of $75 billion to construct “influx care facilities housing unaccompanied children.”  So conceivably it would be easy for the FS to contract with them directly.  It also sounds like they have no experience in fuel treatment work, either.  How can a grant have a “sub-partnership” with a for-profit entity?  For us in the cheap seats, it seems like a very roundabout, and unnecessarily expensive, way to get a mastication project on the Coconino done.

3.  Match.  I have to say I loved this writing.  This is the justification for no match on this grant:

The equitable distribution of benefits to disadvantaged communities and Tribes is central to our work and the focus of recent Executive Orders. How we consider, communicate with, outreach to, and support these communities is critical to our success as an agency. The Forest Service has been heavily engaged in expanding its partnership network to meet equity goals and objectives in support of the Wildfire Crisis Strategy (WCS) and other agency priorities. This agreement with the National Baptist Convention has been created to further support equity in the implementation of these priorities. We are developing a master participating agreement that will be implemented through supplemental project agreements, similar to existing Keystone Agreements. We are seeking a waiver of match for all work, to maintain consistency with other keystone partners and ensure success with this new partner.

As Anonymous stated, what are these “equity” goals?  It doesn’t seem equitable to not compete federal work.  You could argue that any grant, anywhere, anytime, with anyone, shouldn’t have a match.. “to maintain consistencey with other keystone partners and “ensure success.””

I’m sure there are disadvantaged people (and Tribes!) around the Coconino who could be hired via a standard contract to do this work.  I hope that “equity” isn’t a code word for..spending tax dollars on layers of non-competed NGOs and their for-profit allies, rather than just contracting for the work directly with local (disadvantaged) outfits.

If anyone else knows of peculiar Master Agreements or SPAs, please contact me.
I’m hoping that some real journalist will write a story about this.. so far none have been interested.

Here’s the statement of work:

Attached are redacted copies of the Master Agreement and the SPA.

NBC Master Agreement with FS_Redacted
spa for nbc002_Redacted