New to national forests – carbon sequestration

The world’s largest carbon direct air capture facility has started construction in Iceland

From the news release:

The U.S. Department of Agriculture’s Forest Service today announced a Notice of Proposed Rulemaking (NPRM) that would allow the agency to consider proposals for potential carbon capture and sequestration projects on national forests and grasslands. This proposal would harmonize the framework between the federal government’s two largest land managers by aligning with regulatory structures already established for the U.S. Department of Interior’s Bureau of Land Management.

If this amendment is finalized, applications for carbon sequestration on national forests or grasslands would be considered for permanent use. The proposed regulation changes the initial screening criteria to allow the Forest Service to consider proposals for carbon capture and sequestration projects and does not allow for any other permanent uses on national forests and grasslands.

From the Federal Register:

The United States Department of Agriculture, Forest Service (Forest Service or Agency), is proposing to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.

Carbon dioxide injected in pore spaces may remain for over 1,000 years after injection and would be tantamount to an exclusive and perpetual use and occupancy if authorized on NFS lands.

The proposed rule would not authorize carbon capture and storage on NFS lands. Rather, the proposed rule would exempt proposals for carbon capture and storage from the initial screening criterion prohibiting authorization of exclusive use and occupancy of NFS lands, thereby allowing the Forest Service to review proposals and applications for carbon capture and storage and to authorize proposed carbon capture and storage on NFS lands if, where, and as deemed appropriate by the Agency.

Proposals for underground storage of carbon dioxide would have to meet all other screening criteria, including but not limited to consistency with the applicable land management plan, potential risks to public health or safety, conflicts or interference with authorized uses of NFS lands or use of adjacent non-NFS lands.

Of course it would have to be consistent with forest plans, but would a forest plan that authorizes “exclusive and perpetual use and occupancy” of national forest lands be consistent with the Multiple-Use Sustained-Yield Act?  (Is the BLM different in this regard?)  I assume that’s why the existing special use regulations are written to prohibit permanent uses.  Maybe this should be viewed as a question of divesting ownership rather than a permitted special use.

 

The latest multiple-use

Pop-up shops!  What is a pop-up shop?  They are defined by someone who provides them as “temporary retail spaces that sell merchandise of any kind … Pop-up shops are taking over the retail world and rethinking traditional brick-and-mortar and big-box stores…”    The National Forest Foundation apparently had to jump on this bandwagon with Busch beer.  So here you go …. ,  a pop-top pop-up shop, coming to a national forest near you.

Conservation lands in many places have been overrun by crowds attracted by social media.  This seems like it has the same potential.  It would be interesting to look at the NEPA analysis for these permits.  (Do you suppose it’s in grizzly bear habitat?)

Mining by the Ouachita National Recreation Trail

I found three things interesting about this situation.  Legally, I think there is a problem if the environmental analysis for a mine fails to say anything about the proximity to or the effects on a national trail and its users.

Bo Lea, president of FoOT, told The Sentinel-Record Jan. 15 that the Ouachita National Recreation Trail is a 223.5-mile premiere hiking and biking trail, and FoOT’s concern was that project’s environmental assessment made “no mention of the Ouachita Trail except for one map that shows a 150-foot buffer between the trail and the mining area. That’s only 50 yards.”

The Forest seems to be assuming that the buffer will fully mitigate any effects, but that has to be disclosed and supported by some analysis.

Politically, this area is in the Congressional district of Bruce Westerman, who has become renowned for proposing anti-environmental riders to Forest Service legislation.  At least he is consistent:

“I’ve long supported sustainable mining in the 4th District, provided it benefits local communities and stewards natural resources well,” Westerman said Tuesday in an email. “I look forward to the results of the Quartz Mine’s environmental review, and hope to see it progress in the upcoming year.”

Lastly, this is an area that is promoted for mountain bike use by the Forest Service and organizations that appear to support both hiking and biking.  It’s an “epic” biking trail, and it doesn’t go through any wilderness areas.

Sierra Nevada Logging Examples

Back in 2012, I worked my last season with the Forest Service, on the Amador Ranger District of the Eldorado National Forest. In particular, I led the crew in marking the cut trees in this overcrowded unit.

The above picture shows the partially logged unit, as well as the sizes of logs thinned.

This part of the same unit shows a finished portion, and two other log landings.

Here is a link to the larger view.

https://www.google.com/maps/@38.6022239,-120.3284245,1019a,35y,90h/data=!3m1!1e3?hl=en

There are also other completed cutting units in the area, which I worked in. Most of those were also cut in 2018, six years after they were marked. The existing plantations were cut back in the 80’s. At least one new goshawk nest was found, and the cutting unit was dropped.

Light and Heat and and Paychecks and Taxes: Contributions of Federal Minerals

Coal train rolls through Denver from Wyoming.

Pileated Woodpecker made this comment here on this post about the Outdoor Industry and Bears Ears.

There is, I think, a very critical reason why the issue now is not the same, or at least is not perceived that way: the water produced by damming Hetch Hetchy benefited a great many people. The profits produced by uranium, coal and other public lands resource extraction do *not* benefit a great many people. (Or so the perception goes; I’m not going to try and adjudicate those claims in this space.)

A few working-class people and locals get the crumbs that fall off the table, so to speak, but most of the money is going to upper management and capital holders. Meanwhile the environmental and opportunity costs get sloughed onto the public.

If public lands are being used to support prosperous, fair, resilient rural economies, most people — including most environmentalists — have no problem whatsoever with that. If they’re used to support the economics of the Zinke class, it’s a different story.

Well, maybe we should discuss those claims..

Woodpecker’s point was that reservoirs benefit many people, and compares that to profits produced by resource production/extraction. But public benefits and profits are two different things. Maybe I’ve reviewed too many coal and oil and gas EISs and lawsuits, but I would argue that providing heat and electricity is indeed a public value. Producing energy domestically has security and resilience advantages. This report quotes:

“Oil and gas production from federal lands accounted for $1.6 billion in total state revenue last year — a whopping 26 percent of New Mexico’s total budget.”
You can look up your own state’s and national contributions here’s from this 2016 DOI report.

Everyone can also look up the source of their state’s energy in this very nice EIA website. Here’s a link to Colorado’s and you can change to your own state. If you are in Denver, for say, a trade association meeting, you are fueled by coal, much of which comes from the feds in Wyoming (the surface is some federal, some state, some private, but all the minerals are federal). You can watch the coal trains come through Denver, seems like almost continuously, on their way to power plants.. So it wouldn’t be too much to say that today, coal and oil and gas keep the lights on in Colorado. You might think “well they should produce oil and gas and coal on private land, not public surface.” But if you were in Colorado, you would see that some of that oil and gas development is close to town, which causes its own issues. And minerals tend to be where they are.. you either get them or you don’t, you can’t move them to where it’s convenient. If you live around here, your neighbors may work in the energy and supporting businesses, office jobs, field jobs, driving trucks, geologists or executives and they are generally paid better than other industries. That’s why people work there despite the boom and bust nature of the business. Certainly all of that is not from federal land in a given state, but you can check this BLM report to see how much the federal portion contributes.

You can rate also industries by 1) the intrinsic goodness and necessity of the product 2) How many jobs do they provide and how much do those jobs pay? 3) How much of the profits do the shareholders keep for themselves? How much are their execs paid? 4) Are they environmentally and socially responsible? But you would have to find the data and compare them, and I suspect that there is a great variation within an industry as well as between industries.

Maybe they should just sell this national forest land?

Steve Sanders addressed the board on the issue of the landfill nearing capacity. Sanders stated the landfill is expected to meet capacity sometime in the summer 2018. The plan for expansion has been on the books for a number of years. The expansion will cap in 5-7 years and then will require Gila County to have a new site to continue to collect municipal solid waste to dispose of for the northern part of the county. They have already started discussions with the Forest Service to acquire land around the Buckhead Mesa Landfill as it’s on a special use permit from the Tonto National Forest.

When someone argues that the Forest Service isn’t complying with the Multiple-Use Sustained Yield Act because a particular use excludes others, show them this example.  I suppose you could camp here … or how about a shooting range?

Idaho Collaboration: “Lawsuits and appeals are no longer what hold up timber projects. The problem instead is money”

A) A few excerpts from an 12/27/17 article describing a situation where local collaboration has, to date, prevailed over legal suits to stop the Pioneer Fire Salvage Plan. The battle isn’t over but the prospects look good.

1) “Loggers are racing wood-boring insects and decay to salvage as much timber as they can from the 190,000 acres that burned across the Boise National Forest in last year’s Pioneer Fire, before the wood loses its worth.

The U.S. Forest Service planned to harvest 70 million board feet of timber from about 7 percent of the area burned in the massive wildfire. But insects, fungi and rot have deteriorated the standing trees so much that it will be lucky if it can get 50 million to 60 million board feet”

2) “Under the banner of the Boise Forest Coalition, these groups helped the Forest Service write a restoration plan that will use the proceeds from the salvage logging to pay for a variety of projects. On the list are efforts to protect and restore water quality in the South Fork Payette River and area streams; limit erosion; and reopen trails, roads and campgrounds.

This approach put loggers and conservation groups like the Idaho Conservation League on the same side as they helped the cash-strapped agency write up a plan that would meet environmental laws. So when other environmental groups like Wildlands Defense, Alliance for the Wild Rockies and the Native Ecosystems Council sued to halt the project, U.S. District Judge B. Lynn Winmill allowed the logging to continue, noting in November the coalition’s approval of the project.

“We all want to see a healthy forest and clean water and appreciate that the court agreed that the project should move forward,” said Alan Ward, chairman of the Boise County Commission and a member of the coalition.”

3) “Statewide, four timber projects endorsed by collaborative groups over the past two years have later been challenged in court, and all four held up. Fuels treatment in Idaho rose from 53,000 acres in 2016 to 79,000 acres in 2017.

Part of the reason for success has been the use of “Good Neighbor” authority by the state of Idaho. Using a state fund, state foresters prepare timber sales after the Forest Service completes environmental reviews. This has increased how many projects can be offered even as federal staffs become smaller.”

B) A few excerpts from the background story from May 6, 2017

1) “Even before fall snow put the fire out last year, Peterson and John Kidd, his counterpart in the Lowman District, were overseeing rehabilitation projects to prevent landslides, mud flows and severe erosion. Such events can take out the roads that are major recreation arteries into the places Treasure Valley residents go to camp, collect mushrooms, hike, hunt, fish or ride off-road vehicles.”

2) ““It also gives us the ability to have some funding for the reforestation and other things, like culvert replacement,” said Kidd. “If we didn’t do this salvage right away, we would probably be dealing with this for the next 20 years. (Restoration) takes manpower and that takes funding, which we might not have down the road.””

3) “Many of the trees to be harvested are near roads and trails and are considered a hazard to the traveling and recreating public. If not cut now, those hazards might last 10 years.

Morris Huffman, a forest consultant who served on the Boise Forest Coalition, said uncut burned trees could fall and close corridors like Clear Creek Road for years. Clear Creek provides access to Bear Valley Creek, one of the headwaters of the Middle Fork of the Salmon River popular with campers, hunters and anglers.”

4) “In addition to logging and tree planting, the projects include decommissioning and removing unneeded roads; thinning overgrown forests; trail work; spraying to control noxious weeds; road maintenance; and water quality-improvement projects such as culverts and water bars.

5) “Not everyone is eager to see such aggressive action following the fire. There is ecological value in leaving the forest alone after a burn. The Northwest forest ecosystem evolved in fire, and bird species like black-backed woodpeckers, for example, rely heavily on snag trees left standing after a burn.

Jeff Juel, an environmental consultant from Missoula, Mont., who works for environmental groups that oppose salvage sales, argues that the less done after a fire, the more resilient the area is to future disturbances. He opposes the agency’s emergency declarations justified by the need to sell timber to help the local mill and workers. He wants a full environmental review instead of the shortened one the Forest Service is doing.

Jonathan Oppenheimer, government relations director for the Idaho Conservation League, agrees with Juel on the overall benefits of allowing natural renewal following a fire. But he’s a member of the Boise Forest Coalition and worked closely with partners like Roberts and the Forest Service to “make sure that those high-quality and sensitive resources are protected.””

Huge Chunks of Federal Lands for Multiple Use… America’s Most Socialist Idea?

White River National Forest is the most visited national forest in the nation encompassing 2.3 million acres of opportunities. With 11 ski resorts, eight Wilderness areas, 10 mountain peaks over 14,000 feet and 2,500 miles of trails, this Colorado forest is a place where you can press play on adventure and inspiration! Photo by Daniel Kokoszka (www.sharetheexperience.org). Note: I copied this from the Department of Interior blog mentioned below

 

I’ve been thinking about why National Parks get such good press (e.g. America’s Best Idea)(check out this essay that suggested that the Emancipation Proclamation might have been America’s Best Idea ;)) , and the BLM and Forest Service, not so much.  In terms of federal public land, BLM and the Forest Service make up (according to this document) 439,018,000 acres .  While documents like this one by the BLM say that the Park Service has 83 million acres, back to this “by state” document, it appears that the Park Service has 194 million acres.  All this is very confusing. Does anyone know one document that is complete and accurate?

In this helpful blog post by the Department of the Interior, they make the claim that the National Wildlife Refuges are “America’s Best Kept Secret.” Which is kind of ironic, because on the blog post, their own Department doesn’t mention BLM multiple use lands.. which are the very lands that make up the greatest number of acres, and probably most people use.  I guess if they are not the “Best Kept Secret, they must be the Interior version of “Public Lands on the Down Low.”

I think it could be argued that taking more than 1/8 of the land area and making it available for public use for the people of the United States was also a Very Great Idea.  However, Pinchot’s ideas and the way the BLM got the land are different, so they weren’t actually the same Idea. Nevertheless, here we are in 2017 and the MUPLs (multiple use public lands), although fraught with controversy (but Parks have those also?) still provide most of the recreation, as well as a variety of other uses that contribute to the well being of people and communities.  It sounds crazy, right?  Taking huge chunks of the country and putting them in the public estate, and having people more or less get along in deciding what to do with them, and which uses are to be favored where, and even which areas are to be set aside for a few uses or to remain “natural”. Perhaps Multiple Use Public Lands were America’s Most Socialist Idea, or Craziest Idea or.. you can see I’m looking for ideas about the Idea.

Comments and suggestions encouraged:

  1. Where to get the correct acreages by state in one place.
  2. Are large amounts of Multiple Use public land the “” Idea? Your opinion.
  3. If you know acreages of public land in other countries, especially with similar kinds of management, that would also be helpful.

9th Circuit takes out NFMA diversity requirement

In a 2-1 decision, which allowed the Big Thorne timber project to proceed on the Tongass National Forest, the Ninth Circuit Court of Appeals affirmed a district court opinion that the Forest Service had complied with NFMA when it adopted forest plan direction related to managing old growth forest for deer to support viability of Alexander Archipelago wolves (an at-risk species).  The dissent pointed out that prior Ninth Circuit precedent had established that:

the forest plan must comply with substantive requirements of the [NFMA] designed to ensure continued diversity of plant and animal communities and the continued viability of wildlife in the forest . . . .” Idaho Sporting Cong., Inc. v. Rittenhouse, 305 F.3d 957, 961–62 (9th Cir. 2002). Specifically, 36 C.F.R. § 219.19 requires that “[f]ish and wildlife habitat shall be managed to maintain viable populations of existing native and desired non-native vertebrate species in the planning area.” Our law is clear that an agency must abide by its own regulations.

The majority (both judges appointed by republican presidents) charted a new course, citing a a BLM case that had nothing to do with NFMA:

Instead, an agency need only supply “a rational connection between the facts found and the conclusions made.” Or. Nat. Res. Council Fund v. Brong, 492 F.3d 1120, 1131 (9th Cir. 2007).

Instead of recognizing the language of NFMA that requires plans to “provide for plant and animal diversity,” the majority opinion cites language that refers to the Multiple-Use Sustained-Yield Act (contained in a case that was not about forest plans).  It concludes:

The NFMA gives the Forest Service flexibility because the Service has many different goals—conservation, commerce, recreation, and so on. See 16 U.S.C. § 1604(e)(2); McNair, 537 F.3d at 993–94. The statute reflects a congressional judgment that balancing these goals calls for policy judgments—judgments that often require trade-offs among worthy objectives, such as wolves and logging jobs.

In other words, NFMA did not take away any of the discretion provided by MUSYA.  This should be news to a lot of people, including the Forest Service.  This case would be a really good candidate for en banc review by the Ninth Circuit.

Here’s a local news story.

Forest Service and BLM slightly lose sage grouse lawsuit in Nevada

The state of Nevada, nine counties, three mining companies, and a private ranch challenged the adoption of greater sage grouse conservation measures in Forest Service and BLM land management plans.  Most of the agency actions were upheld in Western Exploration v. USDI (D. Nevada), including compliance with FLPMA requirements of BLM for multiple use and consistency “to the extent practical” with local plans, and compliance with NFMA.  Here’s the court’s language on Forest Service multiple-use:

“Plaintiffs contend that the SFA (mineral) withdrawal zones, travel restrictions on 16 million acres of land, and grazing restrictions violate the multiple-use mandate of NFMA. They also challenge that the FEIS violates multiple-use principles because it closes millions of acres of land to important uses, replaces “no unmitigated loss” with a requirement for “net conservation gain,” and creates uniform lek buffers that are “no-go zones.”

“The Court’s review of whether the Forest Service Plan violates NFMA’s multiple use mandate is necessarily narrow, and it may consider only whether the Forest Service contemplated all relevant factors in making its determination. First, it is unclear to the Court how travel and grazing restrictions manifest the Forest Service’s failure to consider multiple use. To the contrary, the restrictions demonstrate a balance between conservation of greater-sage grouse habitat and sustainable human use of natural resources. Second, the Court fails to see how multiple use mandates that any particular parcel of land be available for any particular use.  While Plaintiffs point out certain land closures in the USFS Plan, such as complete exclusion of new solar and wind energy projects (on SFA, PHMA, and GHMA), the Plan does not exclude all possible human uses on those lands. Finally, Plaintiffs fail to demonstrate how the “net conservation gain” and lek buffer zones preclude multiple use or demonstrate a failure on the part of the Forest Service to consider all relevant factors. In fact, the move from “no unmitigated loss” in the DEIS to “net conservation gain” in the FEIS demonstrates that the Forest Service reconsidered whether their initial standard consistently balanced sustainable human use with adequate habitat conservation.”

The court did not uphold compliance with NEPA. Plaintiffs had identified several changes between the draft and final EIS, and the court agreed that, “the designation of 2.8 million acres as Focal Areas in Nevada amounts to a substantial change relevant to environmental concerns, requiring the Agencies to prepare an SEIS.  The court focused on the fact that these lands included the town of Eureka, Eureka County’s landfill, power lines, subdivisions of homes, farms with alfalfa fields and irrigation systems, hay barns, and important portions of the Diamond Valley area, and there would be a “spillover” effect from the changes in adjacent federal land management that warranted additional analysis and opportunity to comment.  Because of risk of harm to sage grouse, the court did not enjoin the plan amendments pending completion of the new analysis.