Place-based Bills & Agreements: Defining Characteristic #3: Frustration with Status Quo and Desire for Change

Martin Nie, University of Montana

Here is my third post focused on the defining characteristics of selected place-based bills and agreements.  I should have started with this one obviously.  But unlike the other posts on the topic, this one doesn’t emerge from just looking at those tables and associated documents—but required some further background, digging, and conversations. 

A third defining characteristic of these initiatives is a widespread sense of frustration with the status quo.  While differences abound, all of these initiatives want to change something in national forest management.  Though not universally agreed upon, there are multiple sources of frustration shared by members of these groups. 

Some group representatives, for example, express frustration with forest planning processes.  For some, the process takes too long, while for others it doesn’t provide enough certainty or predictability (as discussed previously). Compounding things is the fact that forest planning rules have been in a state of regulatory and legal limbo. 

Funding for the USFS is another commonly identified source of frustration.  All of the initiatives have taken shape in the shadow of a deeply problematic Forest Service budget that has been annually upended to pay for associated fire management costs.  Since the 1990s, the average annual acreage burned by wildland fires has increased by roughly 70 percent. At the same time, the Forest Service’s fire-related appropriations have more than doubled, representing about half of the agency’s total annual appropriations.   In order to pay for the costs associated with wildland fire suppression and management, the agency has regularly transferred funds from other Forest Service programs. 

For Senators Tester and Wyden, among other Senators recently writing to President Obama, money going to fire suppression is money not going to restoration and forest management: 

When the Forest Service’s general budget is reduced either by fighting wildfires or inflationary costs, other vital projects such as restoring watersheds, investing in infrastructure, and managing for ecosystem health are put on an indefinite hold.  These programs are critical to protecting our communities, adapting to climate change, maintaining our forest products infrastructure and improving ecosystem health.

Similar complaints have been made by others, and they cross the political spectrum.  For Russell Vaagen, Vice President of Vaagen Brothers Lumber Inc., and a member of the Northeast Washington Forestry Coalition, the Forest Service’s fire budget “is now squeezing every other non-fire program” and this constitutes a “disaster of epic proportions.” In representing Oregon Wild in favor of Senator Wyden’s bill, Andy Kerr similarly acknowledges the challenges of securing adequate funding to implement S. 2895: 

The best source of funds to pay down this ecological debt—by undertaking the necessary comprehensive forest and watershed restoration—is to reprogram current Forest Service annual appropriations that now go to a fire-industrial complex that wastes billions of dollars attempting to extinguish fires that cannot or should not be extinguished.

This budgetary backdrop adds another dose of uncertainty and frustration into the mix.  And this helps explain why so many initiatives are seeking more secure dollars from alternative funding sources.  Senator Wyden, for example, authorizes $50,000,000 to carry out the purposes of his bill.  Several initiatives are also competing for appropriations already authorized by the Forest Landscape Restoration Act.  And every initiative embraces the use of stewardship contracting authority as a way to pay for restoration and mitigate the problems associated with having to rely upon a highly uncertain Congressional appropriations process. 

Some of the dismay also revolves around the organizational culture of the U.S. Forest Service.  This theme emerged—unprompted—in several discussions with place-based participants.  Some people see the agency as a “paper tiger,” one forced to do more planning and paperwork than active forest management and restoration.  Others emphasize a perceived agency culture that is resistant to change and slow to embrace new ways of doing things.  One person went so far as to compare the agency’s troubles with the history of the U.S. auto industry.  Whatever the reasons, frustrations with the USFS partially explains why place-based initiatives are seeking legislation or formalized agreements, as both approaches ostensibly limit the agency’s discretion and force it to do particular things. 

Several people also expressed frustration with the Forest Service’s small-bore approach to restoration.  A common refrain, heard from conservationists and industry representatives, is that the agency manages and implements projects at too small of scale.  This is probably due in part to the agency’s fear of administrative appeals and litigation.  These challenges apparently get easier as the projects get larger in scope and scale.   The irony here is that the Forest Service, in Pavlonian response to appeals and litigation, are now thinking at too small of scale according to various interests.  Russell Hoeflich, Vice President and Oregon Director of the Nature Conservancy, played a consulting role in Wyden’s Bill and summarized the situation like this:

Controversies surrounding forest management compel federal agencies to plan restoration projects at very small scales.  To meet their action goals, federal agencies have to consider what is doable in addition to considering what is most important.  As a result, they often propose relatively small and narrowly-focused management actions.  On the other hand, ecosystems and the species they support interact in complex ways and at relatively large scales on the landscape.  The magnitude of the forest health problem demands working at vastly larger scales if we are to get ahead of the problem.

When viewed together, these frustrations, among others, help explain why these initiatives are doing what they are doing. 

P.S.  Just a reminder that registration for the upcoming symposium focused on place-based laws and agreements closes this Friday.

Ortenburg on Collaboration and the Red Lodge Experience

Here’s a link to a piece by Art Ortenburg on collaborative conservation in the Huffington Post.

The current grass-roots disaffection with federal involvement in land use is undeniable. Utah would like to float off and control all of its federal lands. “Return them to the people” is the slogan. That slogan is being heard repeatedly in the west. This is the time for a major push on the part of the administration to reawaken the collaborative spirit. Instead it is in the process of possibly reversing the “roadless area” principles of the Clinton administration so that new roads on public lands will be available for mining.
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P.S. I don’t know what he’s talking about with regard to new roads on roadless public lands and mining.

Place- Based Legislation: Should the Taxpayer Pay for Your Impacts?

Sometimes the idea of users paying for what they expect from the national forests (in terms of recreation) is simply incendiary. I, frankly, don’t really understand why, since it is not so for state parks or national parks. Here is an editorial from the Durange Herald (Durango, home of the Western Slope No-Fee Coalition) that takes a more reasoned view (IMHO) concerning the idea of charging for various services when people climb certain fourteeners in Colorado.

Here’s a quote from the editorial:

There is, however, another reason serious hikers might want to consider footing some of the bill: Respect. The biggest non-tax contributors to the Forest Service budget are extractive users, who do pay extra – although, in many cases, probably not enough. With relatively low fees, recreationists could buy some clout. That is an investment worth considering.

In contrast, an article in the LA Times touches on some of the same issues (recreation impact) and suggests a solution- place based legislation- to make the San Gabriels a wilderness. Not sure exactly how this would translate into more funding to protect from recreationist damage- except that it would clearly come from the national taxpayer. Would it be simpler and more direct to simply charge the recreation users, as in the Fourteener example?

The Durango Herald editorial has an amazing quote from Kitty Benzar, president of the Western Slope No Fee Coalition in Durango, as she told The Associated Press,

“The Forest Service didn’t create the mountains, and they have no right to charge access to them

Based on this same principle the Forest Service couldn’t charge for oil and gas, or coal, or timber. LIke I said, I really don’t understand why some folks think recreation users should make the general taxpayer pay for their use of the federal lands. Can someone enlighten me?

Wanted: New Planning Paradigm

A guest post by Lynn Jungwirth

Clearly modern forest plans must have a restoration plan embedded in them. We’ve been struggling here lately with trying to figure out “how much is enough”. Currently “cumulative effect” means that you figure out where the threshold is for negative impact….how many roaded acre equivalents can happen before you have tipped the watershed into an unacceptable trajectory. But if we are going to be planning for restoration and maintenance of ecosystem function, we do not have an equivalent cumulative effect analysis for when you reach a threshold which means the system is on a good trajectory and can take care of itself, or is at least adequately repaired or resilient in the face of projected climate change.

How could a forest planning rule help us make that investigation?

I’m also pretty concerned that many of these place-based approaches in legislation are sort of just running over the forest planning process and again splitting the baby . wilderness vs industrial restoration seems so old fashioned. The forests have been run ragged with this either “too much” or “not enough” management approach. The 22nd Century seems to ask more of us. If we are truly going to wrestle with the integration of recreation, silviculture, restoration, ecosystem services, biodiversity, and an “all lands” approach, it seems that what is required in forest plans is going to be very very different than what we have now.

Place-Based Comparison Tables

Photo by Nie.

“Noneofyourbusiness lake,” Inventoried roadless area protected as federal wilderness under Senator Tester’s proposed Forest Jobs and Recreation Act. 

As part of a cooperative agreement with the Rocky Mountain Region of the U.S. Forest Service I put together a bunch of tables comparing key provisions of selected place-based bills and agreements.  The tables will be an appendix to a larger, more analytical report focused on the emergence of place-based bills and agreements. 

Here is the PDF version of the comparison tables (32 pp) (Place Based Bills & Agreements Master Tables).   Here is a letter explaining the work (Comparison Tables Letter).

I hope that the tables provide people with some useful information, a handy reference, and a big picture look at what is happening on different national forests.  The tables will also be used for background reading and reference for the upcoming symposium focused on place-based agreements and laws. 

I’ve already written a couple pieces trying to make sense of these things (one post focused on certainty, the other on restoration).  Very curious of other interpretations of the tables and what they mean.

Place-Based Agreements & Laws Symposium

Another reason to travel to Missoula in June

I thought some of our faithful readers and contributors might be interested in attending the Place-Based Forest Agreements & Laws Symposium, to be held in Missoula, Montana on June 8th and 9th

I’ve teamed up with the National Forest Foundation to organize the event.  We have invited representatives from the following initiatives to Missoula:

  1. Beaverhead-Deerlodge Partnership Proposal (Beaverhead-Deerlodge National Forest)
  2. Three Rivers Challenge (Kootenai National Forest)
  3. Blackfoot-Clearwater Landscape Stewardship Project (Lolo National Forest)
  4. Clearwater Basin Collaborative (Clearwater and Nez Perce National Forests)
  5. Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2009
  6. Rocky Mountain Front Heritage Act (Lewis and Clark National Forest)
  7. Northeast Washington Forestry Coalition (Colville National Forest)
  8. Lakeview Stewardship Group (Fremont-Winema National Forests)
  9. Four Forest Restoration Initiative (Arizona)
  10. Alabama Forests Restoration Initative
  11. Wild Rivers Master Stewardship Agreement between the Rogue River-Siskiyou National Forest, Lomakatsi Restoration Project and Siskiyou Project (Oregon)
  12. Montana Forest Restoration Committee
  13. Wallowa Resources (Oregon)

We’ve confirmed most speakers and will have things settled by the end of the week hopefully. 

The plan is to learn more about these initiatives and have representatives answer questions posed by attendees and organizers (the latter written with feedback provided by USFS officials, interest group representatives, congressional staffers, and others).  Plenary sessions will be followed by smaller, more focused breakout sessions where we’ll try to have more participation and open-discussion. 

Here is the official invite with registration link:

The National Forest Foundation and the Bolle Center for People and Forests at the University of Montana invite you to join us in Missoula on June 8 and 9, 2010 for the Place-Based Forest Agreements & Laws Symposium. We look forward to an engaging discussion around the challenges, strategies, solutions-development and achievements of landscape-scale stewardship initiatives on National Forest lands.

Throughout the country, divergent interests are collaborating about how they would like particular forests to be managed. Many of these proposals include provisions related to forest restoration, economic development, wilderness designation, and funding mechanisms, among others.  Approaches include state-level principles, memorandums of agreement regarding how collaborative groups and federal agencies work together, landscape assessments that lead to on-the-ground work, and place-based legislation. Each initiative is different in significant ways, but all are searching for more durable, bottom-up, and pro-active solutions to national forest management. 

With so much happening so quickly we believe is the time to bring people together in a symposium to assess the big picture and help identify common problems and possible solutions.  We invite you to join us for a two-day event focused on place-based, landscape approaches to forest stewardship. In addition, we encourage you to forward this invitation to others who you think might be interested in participating.

Registration for the symposium is $100.00.  We are planning an event that mixes plenary sessions with break outs to explore specific issues in more depth. We plan to summarize the discussions and ideas in a synthesis paper following the event.

For further information and to register, please go to http://nff.wildapricot.org.  I recommend you bookmark this site for future reference, as we will continue to update the site with further information. We will soon be posting background documents about each of the landscape-scale stewardship initiatives that will be presenting at the Symposium.

Thank you, and we hope to see you in Missoula in June!

A Taxonomy of Publics: From “One Third of the Nation’s Land”

In our discussion of where decisions are made with regard to public lands, there is a tension between those who feel that local concerns and interests should be preferred and those who feel that national concerns and interests should be preferred.

George Hoberg of University of British Columbia, argues here that nationalizing issues was and is a strategy of environmental groups (e.g., roadless today) – that the legalization and nationalization of issues have become paramount in US forest policy.

In Chapter Two of One Third of the Nation’s Land, there is a categorization of publics related to public land policies. The categories are:

1) “the national public: all citizens, as taxpayers, consumers, and ultimate owners of the public lands are concerned that the lands produce and remain productive of the material, social, and esthetic benefits that can be obtained from them.
2) the regional public: those who live and work on or near the vast public lands, while being a part of and sharing the concerns of the national public, have a special concern that the public lands help to support them and their neighbors and that the lands contribute to their overall well-being.
3) the Federal Government as sovereign: the ultimate responsibility of the Federal Government is to provide for the common defense and promote the general welfare and, in so doiig, it should make use of every tool at its command, including
its control of the public lands.
4) the Federal Government as proprietor: in a narrower sense, the Federal Government is a landowner that seeks to manage its property according to much the same set of principles as any other landowner and to exercise normal proprietary control over its land.
5) state and local government: most of the Federal lands fall within the jurisdiction limits of other levels of governments, which have responsibility for the health, safety, and welfare of their constituents and, thus, an interest in assuring that
the overriding powers of the Federal Government be accommodated to their interests as viable instruments in our Federal system of government.
6) the users of public lands and resources: users, including those seeking economic gain and those seeking recreation or other noneconomic benefits, have an interest in assuring that their special needs, which vary widely, are met and
that all users are given equal consideration when uses are permitted.

The Commission in each of its decisions gave careful consideration to the interests of each of the several “publics” that make up the “general public.” to the best of its ability, reflect all of the interests of the general public.
….
We, therefore, recommend that: In making public land decisions, the Federal Government should take into consideration
the interests of the national public, the regional public, the Federal Government as the sovereign, the Federal proprietor, the users of public lands and resources, and the state and local governmental entities within which the lands are located in order to assure, to the extent possible, that the maximum benefit for the general public is achieved.”

It is worth reading the whole discussion in Chapter Two found here. It is certainly a more nuanced view than the idea that each person in the US has equal say over what happens on public lands. In this light, place-based legislation can, perhaps, be seen as an attempt to rebalance the power that has shifted to the courts and to national groups.

The Right Mix For Collaboration

We have had a number of discussions about collaboration and the right mix of communities of interest and communities of place.

Here’s a real world example, the National Forest Advisory Board for the Black Hills National Forest. Here’s a link to their charter.

They incorporate many of the concepts we have discussed, including being advisory beyond planning. Here’s the mix:

OFFICERS AND MEMBERSHIP

a The membership of the Board shall consist of not more than 16 people, each of whom will represent a particular interest or point of view. The committee shall be representative of the Black Hills community interests and fairly balanced. Membership
shall be representative of the interests shown in the following three categories:

(1) Five persons who—

(a) Represent economic development;
(b) Represent developed outdoor recreation, off-highway vehicle users, or commercial recreation;
(c) Represent energy and mineral development;
(d) Represent the commercial timber industry; or
(e) Hold a Federal grazing permit or other land use permit within the area for which the committee is organized.

(2) Five persons representing—
(a) Nationally recognized environmental organizations;
(b) Regionally or locally recognized environmental organizations;
(c) Dispersed recreation;
(d) Archaeology and history; or
(e) Nationally or regionally recognized sportsmen’s groups, such as anglers or hunters.
(3) Six persons who hold—

(a) South Dakota state-elected office or elected-officer’s appointee;
(b) Wyoming state-elected office or elected officer’s appointee;
(c) South Dakota or Wyoming county- or local-elected office
(d) Tribal government-elected or -appointed office;
(e) A position as a South Dakota State natural resource agency official; and (f) A position as a Wyoming State natural resource agency Official.

What do y’all think of this mix?