Landownership Adjustments: the Eastern Sierra Landownership Adjustment Project

As I said before, I didn’t think that Senator Lee had made his case that land exchanges and sales of federal land couldn’t be done through existing methods; and that new legislation was needed.  While those provisions are now gone, as I predicted, it made me curious as to what existing methods were out there.   What I heard from BLM folks was that “we can already do those things,” much like what I’d heard about the Public Lands Rule.  In terms of examples of exchanges and sales, Bill Dunkelberger (retired Forest Supervisor of the H-T) sent me the example of the Eastern Sierra Landownership Adjustment Project.  The way it’s structured made me think of ways that communities, agencies and Tribes may work together to do PODs and evacuation routes and other wildfire-related planning.  Anyway, here’s a link to the report.  It would be interesting to get an update from any of you working in the area.

Here’s what they set out to do:

Surrounded by an array of public land holdings, the communities in the Eastern Sierra are uniquely protected from over development even as they are sometimes constrained from logical and sustainable growth. With almost 97% of Inyo County and 94% of Mono County owned by public agencies, the Eastern Sierra lacks private land within and adjacent to existing communities. Administering these vast acreages of public land is a task that is sometimes complicated by isolated private parcels. The goal of the Eastern Sierra Landownership Adjustment Project (LAP) is to examine landownership patterns and exchange opportunities to maximize local resource management efficiency, community planning and expansion potential.

LAP Vision Statement

Federal and state agencies, Inyo and Mono counties, local tribes, interested citizens, organizations, and private landowners will collaborate to explore and develop options to create a landownership pattern in the Eastern Sierra that better complements collaborative regional goals while preserving private property rights F focusing on opportunities to concentrate development around existing communities and infrastructure; provide workforce housing; maintain agricultural opportunities; protect water and other natural resources and open space; and consolidate agency lands.

The Sierra Nevada Conservancy funded the LAP in 2008 and an Advisory Committee consisting of representatives from the BLM, USFS, Mono and Inyo Counties, individual citizens, and the Sierra Business Council worked collaboratively to guide the project to completion of its stated goals:

  • Conduct an inventory of all potential agency lands available for disposal and identified for acquisition, and create a GIS
  • Disseminate information pertaining to land disposal policies, constraints, and opportunities, and make the GIS land inventory accessible to the
  • Conduct public workshops to identify community needs that could be addressed through the project, and identify potential landownership
  • Based on the land inventory and community input, work collaboratively to facilitate mutually beneficial landownership adjustments and institutionalize policies to guide future

Now my BLM friends said it was fairly easy to do all this under FLPMA, but weren’t sure about the FS. I’m just going to copy these authorities, and hope that currently knowledgeable people will let us know whether they are still accurate.  There were specifics about the Inyo and HT forest plans, but perhaps they have been revised since then.  But forest plans were important pieces of the puzzle. Apologies for any formatting errors.

2.1.1          U.S. Forest Service

Standards and Guidelines

These  Federal level  policies  and  standards  govern  all  National  Forests.  For  Forest@level  policies  and standards  that provide  more  specific  guidance, see  the  individual sections  for the  Humboldt-Toiyabe and  Inyo  National Forests.

  • Land exchanges are a discretionary and voluntary transaction between the Federal government and a non-Federal party (36 CFR 254.3.a).
  • A determination must be made that the public interest will be well served (36 CFR §254.3.b), which may include:
    • The opportunity to achieve better management of Federal lands and resources;
    • To meet the needs of State and local residents and their economies; and
    • To secure important objectives, including but not limited to: protection of fish and wildlife habitats, cultural resources, watersheds, and wilderness and aesthetic values; enhancement of recreation opportunities and public access; consolidation of lands and/or interests in lands, such as mineral and timber interests, for more local and efficient management and development; consolidation of split estates; expansion of communities; accommodation   of existing    or    planned    land    use    authorizations;    promotion    of    multiple use    values; implementation of applicable  Forest  Land  and  Resource  Management  Plans; and  fulfillment of  public needs.

The authorized officer must also find that (36 CFR §254.3.b.2.):

  • The resource values and the public objectives served by the non@Federal lands or interests to be acquired must equal or exceed the resource values and the public objectives served by the Federal lands to be conveyed,  and
  • The intended use of the conveyed Federal land will not substantially conflict with established management objectives on adjacent Federal lands, including Indian Trust
    • Exchanges must be consistent with Forest land and resource management plans (36 CFR
    • 254.3.f, the Land Exchange Handbook [FSH 5409.13 Chapter 30]).
    • The non@Federal party must be the owner of the non@Federal land to be exchanged, or be in a position to acquire and convey it prior to initiating the land exchange process (the Land Exchange Handbook  [FSH  13  Chapter 30]).
    • Properties must be equal in value, or either party may make them equal by cash payment not to exceed 25% of the Federal value. Payment may be waived to the non@Federal party up to 3% or $15,000, whichever is less. (36 CFR    254.12)
    • Unless otherwise  provided  by  statute,  the  Federal  and  non@Federal  lands  involved  in  an exchange must be located within the same state (36 CFR §254.3.d, Federal Land Policy and Management  Act  of  1976 [FLPMA]).
    • Exchanges must be conducted with United States citizens (FLPMA).
    • Marketing considerations: The authorized officer has the responsibility to design land exchange transactions that consider the best marketing configuration. See the Land Exchange Handbook (FSH 13 Chapter 30), for examples.
    • Reservations or restrictions on the Federal lands shall be required only when needed to protect the public interest or to satisfy a requirement of law, such as those concerning wetlands, floodplains, heritage sites, and so forth (36 CFR §254.3.h., the Land Exchange Handbook [FSH 5409.13 Chapter 30]).
    • The use or development of lands conveyed out of Federal ownership are subject to any restrictions imposed by the conveyance documents and all laws, regulations, and zoning authorities of State and local governing bodies (36 CFR 3.h.).
    • Lands must be properly described on the basis of a standard survey or as allowable by law (36 CFR 3.j.).
    • See 36 CFR §254.3.i for hazard substance
  • Federal regulations and policy provides for cost sharing and the assumption of costs, and allows for individual Forests to determine the assignment of costs and responsibilities (36 CFR 254.7, the Land Exchange Handbook [FSH 5409.13 Chapter 30]).
  • The authorized officer shall undertake an environmental analysis (36 CFR §254.3.g). See the Land Exchange Handbook (FSH 5409.13 Chapter 30) for a listing of environmental analysis and protection
  • Various exchange configurations can be considered (the Land Exchange Handbook [FSH 13 Chapter 30]) including assembled land exchanges, phased closing, multiple transactions, multiple conveyances (direct deeding), and dual authority exchange.
  • Appraisal requirements are set forth in 36 CFR §254.9. An appraisal is based on fair market value of the highest and best use of the land as set forth in 36 CFR 254.9(b).

General Exchange Act

  • The non-Federal land must be valuable chiefly for National Forest purposes.
  • The National Forest land must be non-mineral in character, or the minerals must be reserved and their value considered in the exchange (with  BLM  approval).
  • Requires that lands acquired be within proclaimed National Forest Service

Federal Land Policy and Management Act (FLPMA)

  • Authorizes acquisition  of  land  for  access  across  non-Federal  lands  to  units  of  the  National Forest
  • Requires the Secretary of Agriculture to give full consideration to State and local needs as well as Federal
  • Requires lands exchanged to be of equal value, within 25%.

Exchange for Schools Act (Sisk Act)

  • Allows for the exchange of not more than 80 acres of National Forest System land to a State,  county, municipal government, or public school authority without limitation to the amount of cash equalization payment made by the non-Federal part
  • Lands may be conveyed to a State, county or municipal government only if the entity was using the land on January 12, 1983, and for the same use
Tools
  • Exchanges (the Land Exchange Handbook [FSH 13 Chapter 30]):
    • Land for Land, including  partial  interests  such  as  severed  mineral  estates,  rights-of-way easements, leasehold interests, and long-term or perpetual easements.
    • Legislated Exchanges: Passed by an Act of Congress, and may override the requirements of USFS regulation and
  • Land for Timber: acquisition  of  non@Federal  land,  or  interest  in  land,  in  exchange  for National Forest timber or the value  generated  from  the  timber  harvested  in  accordance  with a National Forest timber
  • Competitive Land Exchange: when the Federal land is unique and similar private party transactions are  limited  or  non@existent  or  there  is  a  known  competitive  interest  in  the Federal
  • Exchange with States and Federally Recognized
  • Exchange through the Bureau of Land
  • Administrative Site Exchange: may facilitate acquisition of new administrative sites, conveyance of sites that are no longer needed to accomplish the Forest Service mission, or both. Resource lands may not be conveyed for a new administrative
  • Limited sale ability to schools via the Sisk Act
  • National Forest Townsites: up to 640 acres of National Forest System lands adjacent to or contiguous to an established community in California may be sold for fair market value if those lands would serve indigenous community objectives that outweigh the public objectives and values of retaining the lands in Federal See 36 CFR Section 254, Subpart B.
  • Small Tracts Act: provides for the resolution of land disputes and management problems by conveying through sale, exchange, or interchange three categories of land: parcels encroached on, road rights-of-way, and mineral survey fractions. See 36 CFR Section 254, Subpart

 

 

For Sale – half million acres of federal lands

 

La Citta Vita, Flickr

The ball is rolling on selling federal lands for housing with the creation of a task force that would identify federal land that would be suitable for housing.  The task force would be run by the Departments of the Interior and Housing and Urban Development.

“The aim of Trump’s new task force is to identify the land parcels suitable for building. It will then transfer or lease them out to public-housing authorities, nonprofits or local governments to develop homes.  The land might occasionally be sold to private developers, according to a HUD representative.  The federal agencies would determine that on a “case-by-case basis” in coordination with the local government.”

Really?  One might suspect this money-grubbing Administration would sell the most valuable land and to the highest bidder.  Especially if this is going to be used to finance its sovereign wealth fund.

No mention here of whether the Forest Service or national forest lands would be involved – it could be limited to lands not otherwise “designated,” including national forests.  The other interesting thing is this:

“Developing even 512,000 acres of the Bureau of Land Management’s lots could yield between three million and four million new homes across western states such as Nevada, Utah, California and Arizona, according to a preliminary analysis by the American Enterprise Institute, a Washington, D.C., center-right think tank.”

It’s hard to picture where those acres would not be, given that …

“Only a small portion of U.S. government-owned land is near cities with housing shortages. About 47 million acres, or 7.3% of all federal land, falls within metropolitan areas that need more homes, according to a Wall Street Journal analysis of government land maps and housing-shortage data from the National Association of Realtors.

In a few cases, local housing shortages overlap with an abundance of federal land in the area, such as Salt Lake City and Las Vegas.  This policy could make a big difference for those housing markets.”

But what about Seattle, Portland, Spokane and … Missoula.  The prices in many northwestern national forest-adjacent cities (and towns) indicate a housing shortage in these places.  This article says the Secretaries want “affordable” housing, but it’s hard to imagine what kind of constraints that would put on the process – anywhere that has a housing shortage has an affordable housing shortage, and I can’t imagine this federal government adding requirements to local real estate deals to ensure housing affordability.  Given the lack of guardrails being recognized by this Administration, I can  imagine that any community that is interested could be coming into some new real estate.

“HUD will pinpoint where housing needs are most pressing,” and Interior “will identify locations that can support homes while carefully considering environmental impact and land-use restrictions,” the agencies’ secretaries wrote in the Journal’s opinion piece.

So they say.  Will they consider the effects on national forest management of expanding the WUI?  Land management plans should have identified lands suitable for disposal (or maybe a process for doing that) – would this matter?  (Maybe someone with a WSJ subscription can pry out some more details about what these Secretaries have in mind.)

Building Resilient and Affordable New Developments in the West (BRAND West) Livestream: Western Governors Association

 

I know that many of you are concerned about housing, for the purposes of The Smokey Wire, the problems employees have finding affordable housing, or other issues including fire-resilient housing. So you might be interested in the livestream today of the Brand West initiative.

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The second workshop of the Western Governors’ Association’s Building Resilient and Affordable New Developments in the West (BRAND West) initiative will be held at the Oxford Hotel in Bend, Oregon on January 15 and 16.

Following years of underbuilding, underinvestment, and extraordinary growth – driven by a complex mix of factors – the West is facing severe housing shortages.  This workshop will highlight strategies to advance rural, middle-income, and affordable housing development and recommendations to ensure that federal programs function effectively for western states.  Key topics include regulatory reforms, attainable homeownership, and resilient housing.

BRAND West is the 2025 WGA Chair initiative of New Mexico Governor Michelle Lujan Grisham.  The initiative focuses on increasing access to housing in western states, looking specifically at how to address housing availability and affordability and promote smart and sustainable development in communities throughout the West.

View the agenda and register here to attend the workshop. WGA will also provide a FREE livestream for those unable to make it to Bend. Watch here.


BRAND West – Oregon Workshop Agenda

Bend, Oregon

Wednesday, January 15
12:15 pm

The Oxford Hotel –Minnesota Ballroom

Lunch
1:15 pm Welcome and Introductions

Jack Waldorf, WGA Executive Director

1:30 pm

 

Panel 1: Advancing Middle Housing

This panel will address the growing need for “missing middle” housing – affordable, workforce-oriented housing types such as duplexes, townhomes, and small multi-family units that serve middle-income earners, including essential workers and professionals.  These individuals often fall between subsidized and market-rate housing, leaving them with limited options.  The discussion will highlight effective strategies and best practices for developing these units, with a focus on zoning reforms, state efforts, and collaborative public-private solutions to expand housing access.

  • Sean Edging, Senior Housing Planner, Oregon Department of Land Conservation and Development
  • Mary Kyle McCurdy, Associate Director & Managing Attorney, 1000 Friends of Oregon
  • Deborah Flagan, Vice President of Community Engagement, Hayden Homes
  • Russell Grayson, Chief Operations Officer & Assistant City Manager, City of Bend
2:35 pm Remarks

Mayor Melanie Kebler, City of Bend

2:50 pm Tour (transportation provided)

Mayor Melanie Kebler will lead participants on a tour of three sites in Bend, showcasing creative approaches to affordable and middle-income housing development, attainable homeownership opportunities, and sustainable design:

  • Crescita by RootedHomes – Net Zero community composed of five permanently affordable, single-family homes for households earning less than 80% of the area median income (AMI) and up to 120% AMI.
  • Woodhaven Estates by Thistle & Nest – Development slated to include 133 townhome-style units to assist the local workforce in attaining stable housing and equity building through homeownership.
  • NW Cottages by Habitat for Humanity – Net Zero, affordable housing project offering eleven cottages for families earning between 40% and 80% AMI.
5:30 – 7:00 pm

Crux Fermentation Project

Reception (transportation provided)

 

Thursday, January 16
7:30 am

The Oxford Hotel – Minnesota Ballroom

Breakfast
8:00 am Welcome and Day One Recap

Jack Waldorf, WGA Executive Director

8:05 am

 

Panel 2: Improving Access to Affordable Housing

This panel will analyze how to address persistent affordable, low-income housing shortages.  The discussion will center on ways to enhance federal housing program efficiency and foster better coordination across all levels of government and the private sector to maximize impact.  Panelists will identify actionable solutions to strengthen low-income housing initiatives.

  • Moderator: Olivia Barrow Strauss, Vice President, Global Philanthropy, JPMorganChase
  • Bryan Guiney, Oregon Field Office Director, U.S. Department of Housing and Urban Development
  • Andrea Bell, Executive Director, Oregon Housing and Community Services
  • Ben Taylor, Vice President & Project Partner, Lincoln Avenue Communities
  • Will Cooper Jr., Chief Executive Officer, WNC & Associates
9:10 am Break
9:15 am Panel 3: Planning and Development Challenges in Rural Communities

Rural communities face distinct housing challenges, including barriers to developing infrastructure, limited financing, high levels of substandard housing, and a lack of capacity.  This discussion will focus on innovative partnerships, housing preservation and rehabilitation efforts, and strategies to align housing development with local workforce needs to foster thriving economies and build stronger rural communities.

  • Moderator: Vikki Breese-Iverson, Representative, Oregon House of Representatives
  • Seth Leonard, Program Manager, Center for Multifamily Housing Preservation, Housing Assistance Council
  • Jill Rees, Deputy State Director, USDA Rural Development, Oregon
  • Lisa O’Brien, Executive Director, Taos Housing Partnership
10:20 am Break
10:25 am Panel 4: Encouraging Attainable Homeownership

Homeownership is a cornerstone of financial stability and generational wealth in the United States, but it is increasingly out of reach for many Americans.  During this panel, speakers will discuss proposals to strengthen pathways to homeownership.

  • Moderator: Kil Huh, Senior Vice President, Government Performance, The Pew Charitable Trusts
  • Talia Kahn-Kravis, Assistant Director of Homeownership Programs, Oregon Housing and Community Services
  • Kelly O’Donnell, Chief Research and Policy Officer, Homewise
  • Jackie Keogh, Executive Director, RootedHomes
  • Qualen Carter, Assistant Vice President of Oregon & Community Lending Manager, Umpqua Bank
11:30 am Lunch
12:15 pm Panel 5: Scaling Modular Housing Solutions

This panel will explore the role of modular housing in efforts to bolster housing supply.  As a cost-effective alternative to traditional construction, modular housing has the potential to help increase supply and improve affordability.  However, the supply chain, restrictive regulations, public perception, and other factors have hindered its adoption.  This panel will consider how innovative modular housing solutions can be scaled to meet housing demand while contributing to broader housing and community development goals.

  • Moderator: Dick Anderson, Senator, Oregon Senate
  • Megan Yonke, Senior Housing Policy Advisor, Office of Colorado Governor Jared Polis
  • Max Wei, Staff Scientist, Energy Analysis and Environmental Impacts Division, Lawrence Berkeley National Laboratory
  • Bob Worsley, Founder & Chief Executive Officer, ZenniHome
  • Margaret Van Vliet, Principal, Trillium Advisors
1:20 pm Break
1:25 pm Panel 6: Building Resilient Housing

As extreme weather and natural disasters become more common, resilient building techniques can help mitigate risks to housing infrastructure and foster more sustainable communities.  This panel will analyze policies and investments to align land use planning with environmental considerations, promote adaptive housing development, and explore the effects on housing affordability.

  • Moderator: Brian Rankin, Long Range Planning Manager, City of Bend
  • Kirsten Ray, Senior Management Analyst, U.S. Department of Housing and Urban Development
  • Doug Green, Program Manager, Community Planning Assistance for Wildfire, Headwaters Economics
  • Jeff Pemstein, Associate Vice President for Advocacy, Western Region, National Association of Home Builders
2:25 pm Recap

Lauren Cloward, WGA Senior Policy Advisor

2:30 pm Adjourn

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People living, dumping on Oregon’s public lands ‘overwhelming’ Bureau of Land Management : KOIN Story

Thanks to the Center for Western Priorities for this one.

Here’s the link to this story. No paywall.  Also note that the partners helping (mentioned here) are the oft-maligned off-roaders. I wonder if the Conservation Lease program would allow for leasing these areas and the lessee being responsible for trash removal and law enforcement?

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PORTLAND, Ore. (KOIN) — Hover over the Redmond Municipal Airport on Google Maps and scroll north of the Ochoco Highway. From a distance, the parcels of public land look like undisturbed patches of Oregon’s high desert: Western juniper trees scattered between brown and green tufts of bunchgrass and sagebrush set in the rain shadow of the High Cascades.

But zoom in on the desert plains east of Redmond and satellite images reveal hundreds of acres of trash and dozens of makeshift neighborhoods of trailers, motorhomes and junked cars. This property, whose ownership is divided between Deschutes County and the Bureau of Land Management, is an example of the countless parcels of Oregon’s public land where homeless people are taking refuge in violation of local and federal laws.

Depending on the jurisdiction, the enforcement of these laws falls to the Bureau of Land Management — which is part of the U.S. Department of the Interior — the state, or to county and city law enforcement. The added expense of removing the trash left behind at these locations can also cost these government agencies hundreds of thousands of dollars.

Satellite imagery show expansive swaths of land dotted by vehicles that are both inhabited and abandoned, officials told KOIN 6 News. People leave behind garbage, human waste and drug paraphernalia in these areas, which require large community cleanups and the occasional hazmat team. (Satellite images from Google Earth and Google Maps)

BLM spokesperson Samantha Ducker told KOIN 6 News that the federal agency, which owns about 25% of Oregon, knows that people are living and dumping on public lands. While the public is encouraged to camp on BLM land, BLM regulations prohibit people from camping in an area for more than 14 days. Once the two-week limit is reached, campers are required to move 25 miles away from their previous campsite. If people remain in the area past the deadline, BLM Law Enforcement officers can issue a $250 fine. But with 25 law enforcement officers and five special agents employed across the entire state, BLM officers are overwhelmed by the number of illegal long-term campsites in Oregon.

“The BLM is experiencing many problems with unauthorized, illegal long-term occupancy of public lands,” Ducker said. “This is distinctly different from camping for recreational purposes. These long-term occupancies are overwhelming the agency’s resources to deal with them, and in many cases result in hazardous wastes that require specialized contractors for removal and remediation.”

The BLM’s Oregon and Washington office requests $100,000 each year to clean up the illegal dumping, Rebecca Hile, assistant district manager of BLM operations in Northwest Oregon, told KOIN 6 News. These cleanups are often related to illegal, long-term campgrounds, the agency said. However, the BLM makes no distinction in its records between the removal of dumped trash and the cleanup of long-term campsites.

Kyle Sullivan, spokesperson for the BLM’s Medford office, told KOIN 6 News that people often dump old RVs and other vehicles on public land instead of paying to take them to the landfill, making it difficult to determine if any one cleanup is related to illegal camping.

In many cases, Sullivan said, the BLM partners with various local organizations and government agencies to clear these frequented dumping grounds, which can extend into city, county, state, Forest Service and private properties.

Tate Morgan, the founder of the off-roading organizations Gambler 500 and Sons of Smokey, told KOIN 6 News that the groups have helped to remove 2 million pounds of trash in Central Oregon since 2017. Most recently, the group of volunteers cleared roughly 250,000 pounds of trash from public lands in Deschutes County in a single weekend. Morgan said that roughly half of the trash comes from the area’s homeless population and half is dumped there by local residents and businesses.

“Bend and the surrounding areas are the worst we’ve seen anywhere in the U.S.,” Morgan said. “Fast growth, zero planning for affordable housing, adjacent public land which they have pushed their houseless population onto with no accounting for trash byproducts.”

Past Gambler 500 and Sons of Smokey cleanup events held in Central Oregon. (Photos courtesy of Tate Morgan)

Although organizations regularly host cleanup events around the country, large community cleanups aren’t appropriate for areas still occupied by homeless people or sites that contain hazardous waste. When hazardous waste is discovered, government agencies like the BLM hire special hazmat teams to complete the work. According to records obtained by KOIN 6, the BLM spent more than $477,000 on hazmat remediation in Oregon between 2021 and 2023.

“We find a lot of asbestos, needles, chemicals,” Sullivan said. “There’s a lot of potentially hazardous situations that don’t lend themselves to community cleanups.”

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.  

Two Sides to Every Story: What’s the Other Side? Housing for Employees at Seeley Lake

Thanks to Nick Smith, I ran across this from Scott Snelson in the Hungry Horse News. I know there are many Region 1 retirees out there, so would appreciate any info you would be willing to share, either in the comments or by contacting me directly via email.. “sharon at forespolicypub.com”.
In my experience, there are always reasons for peoples’ actions.

The lack of vision from the U.S. Forest Service Regional Supervisor, as well as her staff, helped sink Pyramid Lumber, with it taking the livelihoods of over 100 Montanans along with rich opportunities to help the climate and reduce fire fuel hazard risk. Solid and innovative solutions to significantly help the housing issues in Seeley Lake and other communities have been presented to Regional Leaders for years without any meaningful action.

A group of U.S. Forest Service District Rangers from the Northern Region began meeting in 2021 to work on solutions to the housing crisis faced by existing and future USFS employees. It was painfully apparent to the rangers that our ability to attract and retain high quality employees and get the public’s work done was unreachable unless we found solutions to the high cost of housing.

At the same time, it was clear to the rangers that unless there was an expanded market for small diameter wood, our ability to treat meaningful acres of overstocked stands to reduce wildfire risk was also unreachable.

The nexus of these challenges also provided incredible opportunity for the communities in the Seeley/Swan Valley and the Flathead. An emerging small diameter cross-laminated timber (SDCLT) industry that utilizes the very type of wood we need to remove from our stands for fire hazard reduction, could have been further catalyzed by the purchase of “temporary” panelized houses. These units could be rapidly deployed on USFS administrative sites to give Forest employees and others an opportunity to transition into tight local housing markets. Should the housing crisis wane, the SDCLT units are designed to be easily dismantled and easily moved to other locations. This type of construction is wood (carbon) intensive and stores the carbon for the life of the panels (designed to last decades longer than traditional frame construction).

The District Ranger at Seeley Lake had identified approximately 20 acres of USFS lands that could have been rapidly developed for USFS and other community housing to meet the housing crisis. These concepts were presented to the Regional Forester and her team years ago and were met with the standard chorus of excuses why the status quo needed to be maintained.

Providing employee housing at administrative sites is far from novel. Until the 1980s, it was common for the USFS.

In my nine years as a USFS line officer in Region 1, I haven’t seen any indication there is meaningful leadership capacity in the USFS Regional Office to face the multiple crises we are encountering; climate, fire hazard, housing, and employee recruitment and retention. The guardians of the status quo have circled the wagons and armed themselves mightily against change and innovation.

Some Stories About Housing and Some Reflections: III. The Concept of Rural Gentrification

I’m sure that US social scientists have examined rural gentrification, but I’m not up on current literature, so please link in the comments to any studies.

I did run across this Chinese paper  (2022) by Lu, Rao and Duan, that had a brief literature review from the worldwide perspective.

British scholar Parsons first observed the phenomenon of rural gentrification in a study about British residents’ classes in rural areas. The rural gentrification mainly refers to the urban middle class migrating to rural settlements, for living and recreational space, thus causing the change in the rural social class structure, and leading to the shortage of rural housing and the relocation of indigenous people [15]. Gentrification is a gradual process mainly initiated and maintained by immigrants. These gentrifiers may be urban middle- and upper-class residents with rich capital, such as retirees and “urban elites” (national economic elites and cultural elites), who pursue rural pastoral life in order to “escape” from the city [16,17]. They may be artists looking for cheap accommodation near the countryside and are described as well-educated low-income people [6,11]. The motivations of these migrants in rural areas are different from those in urban centers, where, for example, the middle class is attracted by employment and undervalued housing, whereas rural migrants are attracted by specific rural amenities, especially those related to the natural environment. Parsons and other British scholars have shown that the “gentry” in rural gentrification is not limited to some specific middle-class people with high economic level and social class, and economic level and class composition are not the only criteria to identify the gentry group in rural areas. Diversified social groups with different purposes are likely to become the subjects of rural gentrification. As long as the cultural capital and economic levels of immigrants are higher than that of local residents, rural gentrification may occur [17].
Rural gentrification is a complex process involving the migration of the urban middle class from cities to rural areas [18]. It has brought about four major changes: the transformation of rural class structure, the post-productive process of rural capital accumulation, changes in rural housing structure and the motivation of rural reform [19]. In the study of rural gentrification in Quebec, Guimond and Myriam also emphasized the complexity of rural gentrification at various levels, including social population, housing and economic impact, community and culture, material, environmental and political aspects [20]. Davidson and Lees point out that any form of contemporary gentrification should include: capital dominating the restructuring of the architectural environment, a large number of high- and middle-income newcomers, local residents’ displacement and landscape change. The restructuring of the architectural environment means that the built environment in rural areas is changed by the capital “reinvestment” of land owners, housing owners, investors, developers, etc., emphasizing ecological aesthetics and environmental governance [21]. The structure change of the rural population is the most outstanding impact of rural gentrification, involving the characteristics of the population moving from the city to the countryside. The aging of post-war baby boomers in the United States shows a strong willingness to move to rural life. It is estimated that 2.7 million baby boomers moved from cities to villages in the first 10 years of the 21st century [16]. Landscape can most intuitively describe the great changes in rural gentrification areas, such as the transformation of rural areas from primary production to consumption LED landscape, the changing housing tastes in rural areas and the rising real estate prices [22,23]. Displacement has always been an important result of gentrification, including population displacement, housing displacement and space displacement in rural areas [24]. In addition, rural gentrification also means injecting new classes and social structures into the destination, not only bringing better social capital and networks to the local community, but also triggering discussions on rural governance issues, such as local land use planning, environmental aesthetics and resource management [16,25].
The cause and influence of gentrification in rural areas can be interpreted from the perspectives of consumption and production [26]. From the perspective of consumption, rural gentrification highlights the existence of a “new cultural class” in rural space consumption. It suggests that the core of the economic form in the process of rural gentrification is an experience economy and an aesthetic consumption. In the process it also emphasizes the experience of rural cultural connotation and the formation of specific cultural taste. [17,27]. The “idyll” in rural Britain and the soothing “Rocky Mountain” lifestyle in rural western America have attracted highly skilled urban labor, entrepreneurs and retirees [16,22,28]. From the perspective of production, it emphasizes the redistribution of capital and profits to interpret rural gentrification, not from the perspective of people. N. Smith put forward the theory of the “rent gap” (the difference between the potential value of land and the actual value of land) to explain gentrification [29]. With the decline of rural traditional agricultural productivity and the weakening of agricultural policy protection, rural landscape, rural space and rural built environment become less attractive to capital, and the potential value cannot be realized as actual monetary value, which objectively requires the emergence of more diversified rural economy and investment models [30]. Globalization is seen as one of the main drivers of rural gentrification because the middle and upper classes, the main components of urban-to-rural mobility, benefit from globalized capital accumulation and appreciation of land or property values. They allocate their assets to highly comfortable rural destinations. For example, the rural gentrification in remote and comfortable areas in the United States reflects the spatial positioning of surplus capital accumulated by high-wage urban occupations in the globalized service industry [31,32]. Clark believes that the two explanations are complementary [33].

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I’d also point out that both gentrification and tourism leads to a combined need for low-income workers.  So there is a correlated need for new lower income workers to move in to meet that need. At the same time, housing prices go up.  When you think about it, it’s surprising that communities are doing as well as they are.

 

Some Stories About Housing and Some Reflections: II. Denver Post Article on Mountain Towns’ Efforts, Including Building it Themselves

I’m posting these so that others can share if housing is or is not a problem in communities nearby to federal land, and if so, what are the communities doing about it?

The Denver Post has an excellent series, including one article on resort town efforts with inclusionary zoning.

Redefining affordable

At the core, inclusionary ordinances represent a realization that the free market, left to its own devices, won’t supply enough affordable housing to lower and even middle-income workers in expensive real estate markets.

“Housing is inextricably tied to economic success and our community can’t exist without a strong housing program,” said Betsy Crum, housing director for Snowmass Village. “People need to be able to live close enough to where they work, or the town will face an existential crisis.”

Click to enlarge

An influx of high-earning remote workers during the pandemic caused housing costs, already high, to surge even more in desirable places to live.

About 75% of remote workers in Colorado’s mountain resort areas in 2021 were making $150,000 or more a year, while only 30% of locals were making that much, according to the Mountain Migration Report from the NWCCOG.

In a fight for housing, locals were the ones who lost out to newcomers. In Snowmass Village, home prices have risen 81.5% in the last four years, in Steamboat Springs, they are up 81.5% and in Basalt, they are up 76.3%, according to Zillow.

Although it isn’t the norm, Aspen has a deed-restricted home valued at $2.5 million, in part so it can attract doctors to work in the city, Anderson said.

Along the Front Range, and across most of the U.S., affordable units target those earning between 30% to 80% of the area median income or AMI, with 60% as a common definition.

That range reflects federal rules for using Low-Income Housing Tax Credits, and Denver adopted that definition in its inclusionary ordinance. But in resort areas, 80% up to 200% is more typical in inclusionary ordinances.

“You can be in the workforce earning 150% of the AMI and be nowhere close to being able to afford a home,” lamented Hannah Klausman, director of economic and community development for Glenwood Springs.

That 150% number works out to an income of $104,250 a year for a single person and $148,800 for a family of four in Garfield County. The median price of a home in Glenwood Springs is $862,500, according to the Zillow Home Price Index.

And things only get more expensive the further up the Roaring Fork Valley someone goes. In Carbondale and Basalt, someone making double the area median income will struggle to find a home or apartment, she said.

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In 2019, Glenwood Springs tightened the rules on short-term rentals and a year later it loosened rules on accessory dwelling units, which had been in place since 2013. Last year, the city created rules that made it easier for hotels to convert to residential units in exchange for deed restrictions, and this year it is considering rules to make it easier to add density.

But Glenwood also faces a balancing act. If it makes things too difficult, development could flow to areas with lower requirements and costs like New Castle, Silt and Rifle.

A criticism of inclusionary zoning is that it can make private development too costly or push it toward areas without requirements, an issue Denver will likely have to deal with. And like a big champagne powder day, the conditions have to be right.

“Whenever you introduce a subsidized component to a development project, it puts pressure on the upper price point to carry that,” acknowledged Tim Belinski, president of IND Ventures and a developer in Basalt.

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But Belinski said inclusionary rules have been part of the equation for so long in the mountains, and the math mostly works, assuming land is available. Resort residents also are acutely aware that the economy needs to have enough workers to function, and housing is a key part of that happening.

Several communities, facing critical shortages, have put on their hard hats and started building housing themselves from dedicated revenue sources, like a portion of sales taxes, fees on deed transfers and short-term rentals. Colorado is also setting aside a share of state income tax revenues for housing.

“Local governments getting involved in building housing has increased since the pandemic. The need is very great, to what some communities were calling crisis proportions,” said Rachel Tuyn, director of the Northwest Colorado Council of Governments.

The city of Aspen recently completed 79 units in the third phase of its Burlingame Ranch project and up next is Lumberyard, which will provide 277 deed-restricted units on an 11.3-acre parcel near the Aspen Airport Business Center.

Avon is looking to annex 100 acres of state land to build 700 deed-restricted units and 60,000 square feet of commercial space. Winter Park Resort, with the support of the Town of Winter Park, is looking to build dorm-style housing with 330 beds. The Yampa Valley Housing Authority has a 10-year plan to build 1,100 housing units for those earning the median income in the Steamboat Springs area.

Some Stories About Housing and Some Reflections: I. High Country News Article on Building on Public Land

 

A recent High Country News story talks about housing developments on public land.

The U.S. government owns 49% of the land in the 13 Western states, including Hawai‘i and Alaska, according to Headwaters Economics, a nonprofit research group based in Montana. (And that’s not counting all the land owned by the states, municipalities and the military.) In the remainder of the country, the feds own just 3.5%.

At the same time, the West is also experiencing a severe housing crisis: Seven of the 10 states with the greatest housing shortages are on this side of the country.

It’s not surprising, then, that the region’s combination of limited housing supply and vast tracts of undeveloped land has prompted the question: Could building on public lands help ease the housing crisis? From Colorado to California, politicians, academics and housing advocates are trying to find the answer. Here’s what you need to know.

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Projects on federally owned land: These can occur when a federal agency, such as the Bureau of Land Management (BLM), sells, leases or trades parcels of land for development. Due to the nature of federal holdings, these parcels are more likely to be on the outskirts of communities. In Nevada, for instance, the BLM has been selling land around Las Vegas to local developers since 1998, with profits flowing back into the state; a new bill could open up nearly 16,000 additional acres of land, most of it federally owned, for housing around Reno.

Federal lands in the Western U.S. managed by five agencies, using 2005 National Atlas data.Congressional Research Service

Lawson said we have two choices: Either build more densely on already available land, or open up new areas for development. The latter option, she said, is particularly pertinent in urban areas where land is scarce, and in rural communities that are surrounded by public lands. Teton County, Wyoming, for example, where Jackson is located, is 97% public lands.

In scenic places like Vail, Colorado or Bozeman, Montana, often referred to as  “gateway” communities, Rumore said that increasing the housing supply doesn’t necessarily result in affordability. “If you build more housing and your community is a very popular place to visit, then often that housing gets consumed by short-term rentals” or second homes, she explained. Unless new projects are “very carefully protected for the local workforce,” Rumore fears they won’t make a dent in the housing crisis.

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Lawson, the Headwaters economist, agrees, saying that it’s crucial for projects to explicitly tackle affordability. She is optimistic about one in Colorado, where the U.S. Forest Service leased a parcel of land to Summit County to build housing for middle-income earners, such as teachers and firefighters.

On the other hand, Lawson isn’t a fan of efforts that fail to guarantee affordability, such as the HOUSES Act sponsored by Utah Republican Sen. Mike Lee. Research supporting the bill suggests that just 0.1% of the West’s federal lands could provide space for 2.7 million new homes. But the lack of affordability provisions in Lee’s bill has led some critics to call it the “McMansion Subsidy Act.”

While affordability is paramount, Lawson noted a few other factors to keep in mind.

  • The local economy: In areas like Jackson or Moab, where nearby public lands drive tourism, Lawson warned against developing any land whose loss could negatively impact the local economy— either by removing recreational areas or creating sprawl that detracts from the town’s appeal. As she put it, “It’s very difficult to undo these decisions.”

  • Infrastructure: When deciding whether a piece of land is worth developing, Lawson recommended examining the existing infrastructure. Are there water lines nearby? What about roads? If infrastructure is lacking, she said, residents need to understand that the cost of building it will likely fall on their shoulders.

  • Hazards: Communities should also ask whether building on a particular plot will increase the risk from natural hazards, especially wildfire.

Overall, Lawson believes housing projects on public land make a lot of sense when they’re close to towns and existing infrastructure. “It helps communities build more densely within their existing footprint,” she said. “Where I get concerned is when the parcels being talked about are on the fringes.”

 

 

 

 

 

Bill to Use Federal Land for Affordable Housing: HOUSES Act of 2022

This isn’t about employees, but is of interest.

U.S. Sen. Cynthia Lummis has co-sponsored legislation that would allow federal land to be used for public housing.

The Helping Open Underutilized Space to Ensure Shelter Act (HOUSES) would open up parcels of federally owned land for states or local governments to buy for the purpose of increasing the availability of housing.

“The purpose of the bill is to make state and local governments able to buy local land for home development,” Lummis told Cowboy State Daily on Wednesday afternoon.

The legislation would amend the Federal Land Policy and Management Act and also proposes that state or local entities would be allowed to buy federal public land at a discounted rate “well below market value,” ratioed by a Payment in Lieu of Taxes price.

The HOUSES Act was first introduced in 2022 and was recently reintroduced by Lummis, bill sponsor Sens. Mike Lee, R-Utah, John Barrasso, R-Wyoming, and Dan Sullivan, R-Alaska. Lack of affordable housing has become not only an issue in Wyoming in recent years, but also throughout the entire West.

“Housing affordability is a nationwide problem. Rent is high and mortgages are even higher thanks to Bidenomics,” Barrasso said in a statement. “The HOUSES Act will provide new options to state and local governments by allowing them to buy certain lands from the federal government for residential purposes. As more people move to Wyoming, growing communities need options to expand housing.”

What It Does?
Lummis said the legislation could have a particular benefit for a number of Wyoming communities like Jackson, Sheridan and Cody that border federal land, which makes up nearly 50% of Wyoming’s total acreage.

“Affordable housing is becoming less and less capable in Wyoming,” she said.

The Joint Economic Committee of Congress estimates the bill would lead to the construction of 2.7 million more homes in the U.S. and alleviate Wyoming’s entire housing shortage.

Under the bill, development would be limited to federal lands directly adjacent to where existing sewer infrastructure could be developed and would also exclude particularly sensitive tracts of land such as wilderness areas and national monuments. This would leave out most federal land aside from BLM and Bureau of Reclamation property.

I don’t think that’s true.. it sounds like FS would be included.

It would ensure that lands are primarily used for housing with a mandate that at least 85% be dedicated for residential purposes and the community’s related needs. It also includes density requirements, ensuring a minimum of four homes per acre and prohibits the development of luxury second homes on these parcels.

“It allows the carve-out of small parcels and is especially for the purpose of adding affordable housing,” Lummis said.

A local entity would be allowed to use the land for low-income housing, condominiums, single-family homes or even mixed-use developments.

The local government would submit requests for conveyance to the Secretary of the Interior, who would then need to approve the sale along with a state’s governor.

Not Just Houses …
According to the bill text, construction of community amenities like assembly halls, firefighting facilities, grocery stores, health clinics, hospitals, libraries, churches, police stations, recreational facilities and schools would also be allowed.

It would also require the construction of water, sewer, electricity, communications infrastructure and some connection to public transit.

Creating industrial areas would also be allowed if they include “manufacturing, assembling, processing, extracting or otherwise treating raw materials.”

The Federal Land Transaction Facilitation Act already allows for the exchange of specific, low-value, isolated parcels of public land where it is necessary, seen most prominently on the far edge of Las Vegas.

“Instead of doing these on a case-by-case basis, this will establish an act of Congress to allow it,” Lummis said.

Some conservatives have criticized proposals like these as the government meddling in the private market. Lummis doesn’t buy that argument because the land being discussed isn’t available to the private market anyway.

“The private market is already cut out now because it’s federal land,” she said.

Lummis added that she finds it nearly impossible these days for the private sector to make money off building affordable housing.

The HOUSES Act also has been derided by a handful of environmental groups like Backcountry Hunters and Anglers as anti-public lands.

“The availability and affordability of housing is a real concern that impacts everyday Americans; however, the HOUSES Act does not present a meaningful attempt to solve this issue,” the group said in a Monday press release. “Rather, it would facilitate the removal of multiple-use lands from the public estate.”

I have some questions..probably someone has been following this..

  1. Why Nevada and nowhere else?
  2. To environmental groups, is this more OK if done piece by piece, or not acceptable at all?
  3.  Does the land have to be transferred, or could it be traded or leased?