Treating Tribes and Counties as Good Neighbors Act

PR from Rep. Russ Fulcher is Idaho….

 

Contacts: 
Marty Cozza (Risch),  202-224-2752
Alexah Rogge (Fulcher), 202-225-6611

WASHINGTON, D.C. —  Today, Congressman Russ Fulcher (ID-01) and U.S. Senator Jim Risch (R-Idaho) introduced the Treating Tribes and Counties as Good Neighbors Act. The legislation will extend full partnership eligibility for the Good Neighbor Authority (GNA) program – which facilitates federal forest restoration and management projects – to Tribes and Counties.

Tribes and Counties in Idaho have the authority to decrease their reliance on federal land managers and oversee Idaho’s forests to reduce wildfire risk, but their current financial resources are lacking because they cannot retain receipts like the States. This financial hurdle is addressed by the ‘Treating Tribes and Counties as Good Neighbors Act,’ allowing Tribes and Counties to fully utilize the Good Neighbor Authority, ensuring new cooperative management projects throughout Idaho,” said Fulcher.

“Idaho has long been a leader on conservation and collaboration, and Good Neighbor Authority is no exception. Congress made the decision to extend GNA to Tribes and Counties in 2018, and we owe it to them to do so correctly,” said Risch. “This legislation gives all GNA partners the greatest ability to implement restoration efforts and reduce wildfire risk.”

Supporters of the Treating Tribes and Counties as Good Neighbors Act include Governor of Idaho Brad Little, the National Congress of American Indians, the Intertribal Timber Council, the Idaho Forest Group, the National Association of Counties, and the National Association of State Foresters.

Statements of Support:

“Idaho has demonstrated true leadership in the management of federal lands in our state. The level of collaboration across so many diverse interests and levels of government is a testament of our commitment to getting more people to work in our forests, reducing the risk of fire, and improving the overall health of our lands for future generations of Idahoans to use and enjoy. I want to thank Senator Risch and Congressman Fulcher for introducing this important bill to clarify the expenditure of Good Neighbor Authority revenues. Working together, we have created a blueprint for other states to follow.” — Governor of Idaho Brad Little

“The Treating Tribes and Counties as Good Neighbors Act would remedy this oversight and ensure that tribal nations and counties are eligible to retain receipts for GNA projects. This amendment would enable these governments to perform the watershed restoration and forest management projects that Congress intended for them to perform to aid the Forest Service’s promotion of healthy forests on national forest system lands.”Kevin Allis, CEO, National Congress of American Indians

“This legislation clarifies that tribes are equal partners along with states and counties in using Good Neighbor Authority.  That means more acres will get treated across the landscape using tribal expertise and resources.” — Vernon Stearns, President, Intertribal Timber Council

“Idaho Forest Group supports and appreciates the leadership of Senator Risch and Congressman Fulcher in clarifying how and where Good Neighbor Authority (GNA) revenues can be expended. This bill will clarify that spending authority, while also enabling the expenditure of GNA receipts on all authorized activities and lands identified within supplemental project agreements that are in need of land management.” — Idaho Forest Group

“Good Neighbor Agreements strengthen the partnership with federal land management agencies and state, tribal and county governments. Standardizing the use of GNA funds will help counties support forest management projects and facilitate better land management decisions based on local impacts and needs. We applaud Senator Risch and Congressman Fulcher for introducing the Treating Tribes and Counties as Good Neighbors Act and urge Congress to swiftly pass this legislation.” — Mathew Chase, Executive Director, National Association of Counties

“GNA allows the USDA Forest Service to enter into agreements with state forestry agencies to implement critically important management work that benefits national forests that the Forest Service is unable to do alone. It is simply good government for forest management to be undertaken in the most timely and cost-efficient manner, and GNA helps us do that. This legislation would broaden Good Neighbor Authority for tribes and counties, thereby enhancing cross-boundary forest management capacity; we are proud to endorse it.” — Greg Josten, President, National Association of State Foresters

Background: The Good Neighbor Authority program has allowed the U.S. Forest Service to partner with states on federal forest restoration and management projects, facilitating critical work to improve species habitat, enhance watersheds, and reduce hazardous fuels and mitigate wildfire risks. In the 2018 Farm Bill, Congress amended GNA to make Tribes and Counties eligible entities to enter into Good Neighbor Agreements. However, Tribes and Counties were not afforded the same authority as states to retain GNA project receipts to reinvest in conservation, greatly reducing a significant incentive to engage and partner on critical management projects including wildfire mitigation, invasive species management, and habitat maintenance.

Additionally, the 2018 Farm Bill removed the ability for restoration services that were agreed to under the Good Neighbor Agreement to take place off of federal lands. This means adjacent state, tribal, county, and other land that is essential to the health and productivity of National Forests can no longer be restored as a comprehensive landscape.

The Treating Tribes and Counties as Good Neighbors Act provides Tribes and Counties with the ability to reinvest receipts in authorized restoration and enables all GNA partners to perform restoration not just on federal lands, but also on lands approved under the project’s Good Neighbor Agreement.

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House Passes Forest Service Legacy Roads and Trails Remediation Program as Part of “Moving Forward Act”

Supporters of the “Forest Service Legacy Roads and Trails Remediation Program” say national forest watersheds, imperiled wildlife, and rural communities are poised for a much-needed boost. Here’s a press release from some forest protection and wildlife groups:

WASHINGTON, D.C. – Today the U.S House of Representatives passed the “Moving Forward Act” (H.R.2) designed to improve green infrastructure and reduce climate impacts. The Act includes a provision called “The Forest Service Legacy Roads and Trails Remediation Program.” Incorporated from legislation previously introduced by U.S. Representatives Kim Schrier (WA-08) and Derek Kilmer (WA-06), this much-needed program will address aging and obsolete Forest Service transportation infrastructure to improve fish migration, water quality, imperiled species habitat, and future resilience to storms.

The U.S. Forest Service manages a massive road and trail system on behalf of the American public, including more than 370,000 miles of roads, 159,000 miles of trails, hundreds of thousands of culverts and more than 13,000 bridges. Twice as many miles as the national highway system, the Forest Service road system demands considerably more maintenance attention than current funding allows and every year the deferred maintenance backlog grows. The Forest Service currently reports an astounding $3.2 billion road maintenance backlog.

In addition to the official road system, the National Forests are haunted by a ghost system of tens of thousands of miles of abandoned and obsolete roads, a legacy of the big timber era.

The implications of decaying and abandoned infrastructure are severe. Crumbling roads bleed sediment into rivers, creeks, and wetlands endangering fish and other aquatic wildlife. Failing and undersized culverts block fish migration crucial for the long-term survival of salmon and other highly valued fish. Fragmented habitat impacts the health of imperiled species and big game.

“The Forest Service not only has a responsibility to uphold Clean Water Act standards set by the states, but also for the 3,400 communities that rely on national forests as drinking water sources,” said Marlies Wierenga, Pacific Northwest conservation manager for WildEarth Guardians. “This program gives the Forest Service a real tool to meet this responsibility. We thank Representatives Schrier and Kilmer for leading this effort to protect clean water.”

“Confronting the problem of obsolete and decaying roads and trails will help wildlife, taxpayers and the 66 million Americans who rely on our National Forests for clean drinking water. Authorization of the U.S. Forest Service’s legacy roads and trails program has been a long time in the making and is a victory for people who love the outdoors and threatened and endangered species. Thank you to Rep. Kim Schrier for her leadership in introducing legislation that is so important for endangered fish and wildlife,” said Jamie Rappaport Clark, CEO and president, Defenders of Wildlife.

The Legacy Roads and Trails program will benefit local communities and imperiled wildlife. The program will storm-proof roads and trails so that they can withstand more intense storms anticipated with climate change without polluting waterways. Obsolete roads will be decommissioned to preclude harmful effects to wildlife and the environment. Undersized and blocked culverts will be removed or expanded to allow fish to migrate unimpeded.

Increased funding to address severely damaged fish and wildlife habitat in the national forests and grasslands will provide jobs to rural communities that are struggling to cope with the current economic recession. Most of the funding in the program goes directly to on-the-ground work supporting local contractors and specialists. Heavy-equipment operators are particularly well poised to benefit from the program.

“Representative Schrier’s Legacy Roads and Trails bill provides a smart solution to reduce the harmful impacts of national forest roads on water quality and fish, while also providing much-needed jobs and economic benefits to rural communities,” said Megan Birzell, Washington state director for The Wilderness Society.

“Having seen the positive results in Washington State, Representatives Kilmer and Schrier understand why this program is so critical for forests across the country,” said Tom Uniack, executive director for Washington Wild. “We thank them for taking a leadership role in Congress supporting clean water, salmon habitat, and local jobs.”

The Legacy Roads and Trails program, initially established in 2008 (and subsequently defunded in 2018), proved to be an effective, no-waste program with demonstrated results. Over its first 10 years, the program provided employment for 697-1,115 Americans annually; made urgent repairs to over 18,000 miles of roads and 5,000 miles of trails; improved over 1,000 stream crossings for fish passage; improved 137 bridges for safety; and reclaimed 7,000 miles of unneeded road. This program has a proven track record of saving taxpayer money, improving habitat, creating jobs, and guaranteeing safer access for all.

“The Forest Service should be removing old roads, not building new ones,” said Blaine Miller-McFeeley, senior legislative representative at Earthjustice. “That’s why we are so thankful to Congresswoman Schrier for introducing this Legacy Roads and Trails legislation that will invest needed dollars and give shape to an initiative that will help protect the population of everything from grizzly bears to bull trout, not to mention strengthening our forests for carbon sequestration. This proposal is the right one to ensure our forests are climate resilient, and Earthjustice is proud to support it.

“We are so pleased to see that Representative Schrier is stepping up to enhance U.S. Forest Service lands and the incredible coldwater habitat they provide for trout and salmon,” said Chris Wood, president and CEO of Trout Unlimited. “Forty percent of all blue-ribbon trout streams flow across national forests, and this agency is one of our most important partners. Investments from the Legacy Roads and Trails Program will help us make fishing better, but at the same time improve our water supplies and bring high-paying jobs to rural communities.

Additional Resources

A 10-year accomplishments report on the Legacy Roads and Trails Program can be found here.

A Forest Service storymap on Legacy Roads and Trails-funded work to replace 1000 culverts to reconnect fish migration corridors can be found here. Embedded are several informative videos including a 4 minute video available here and a 16 minute video available here.

Wildfires and risk of long-term ecological change

From Colorado State University. The paper referenced is open access.

 

As wildfires flare up across West, new research highlights risk of long-term ecological change

One of Jonathan Coop’s first vivid memories as a child was watching the flames of the 1977 La Mesa Fire in north-central New Mexico. The human-caused fire burned more than 15,000 acres of pine forests in the Bandelier National Monument and areas surrounding the Los Alamos National Laboratory.

Now a forest ecologist and professor at Western Colorado University, Coop studies the ecological effects of fire on forests in the Southwest United States. He’s also the lead author of a new scientific synthesis about how wildfires drive changes in forest vegetation across the United States. Sean Parks — research ecologist with the USDA Forest Service, Rocky Mountain Research Station — and Camille Stevens-Rumann, assistant professor in the Department of Forest and Rangeland Stewardship at Colorado State University, are co-authors of the synthesis.

“Wildfire-driven forest conversion in Western North American landscapes,” was published July 1 in BioScience.

The new paper, with contributions from more than 20 researchers, uncovers common themes that scientists are reporting, including increasing impacts of wildfires amid climate change from the borderlands of Mexico and Arizona to the boreal forests of Canada.

Following high-severity fire, scientists have found forest recovery may increasingly be compromised by lack of tree seed sources, warmer and drier post-fire climate and more frequent reburning.

“In an era of climate change and increasing wildfire activity, we really can’t count on forests to come back the way they were before the fire,” said Coop. “Under normal circumstances, forest systems have built-in resilience to disturbance – they can take a hit and bounce back. But circumstances aren’t normal anymore.”

The loss of resilience means that fire can catalyze major, lasting changes. As examples, boreal conifer forests can be converted to deciduous species, and ponderosa pine forests in the southwest may give way to oak scrub. These changes, in turn, lead to consequences for wildlife, watersheds and local economies.

 

‘Assisted migration’ an option in some cases, places

Researchers said that in places where the most apparent vegetation changes are occurring, such as the Southwest U.S. and in Colorado, land managers are already exploring ways to help forests adapt by planting tree species that are better suited to the emerging climatic conditions following severe fire.

“In places where changes are not quite so visible, including Montana and Idaho, those conversations are still happening,” said Stevens-Rumann. “In these large landscapes where trees are not coming back, you have to start getting creative.”

Parks, who often uses data collected in protected areas to study wildfire patterns, causes and consequences, said some fires can be good, creating openings for wildlife, helping forests rejuvenate and reducing fuel loads.

“However, some fires can result in major changes to the types of vegetation,” he said, adding that this is particularly true for high-severity wildfires when combined with the changing climate. “Giving managers information about where and how climate change and wildfires are most likely to affect forest resilience will help them develop adaptation strategies to maintain healthy ecosystems.”

Stevens-Rumann said that land managers have largely continued to operate in the way they’ve done in the past, replacing fire-killed trees with the same species. “Given the effects of climate change, we need to start being much more creative,” she said. “Let’s try something different and come up with solutions that allow natural processes to happen and interact with landscapes in different ways.”

Coop said that ecologists and managers are beginning to develop a suite of approaches to increase forest resilience in an era of accelerating change.

One approach that he said he’s partial to is allowing fires to burn under benign or moderate fire weather conditions – similar to what happens in a prescribed burn – which results in forests that are less prone to high-severity fire because of reduced fuel loads and patchy landscapes. This is also known as managing wildfire for resource objectives, an approach that researchers said is cost-efficient, allowing managers to treat more acres.

“Increasingly, we’re realizing you either have the fires you want and can influence or you’re stuck with these giant fires where, like hurricanes, there’s no shaping their path,” said Coop.

 

Loss of forests is personal

For many of the researchers involved in this synthesis, the issues being analyzed are personal.

Before becoming a scientist, Stevens-Rumann spent three years on a USDA Forest Service “Hotshot” crew, specializing in fighting fires in hard-to-access and dangerous terrain.  Parks grew up in Colorado and California and acknowledges seeing changes in the forests and landscapes he grew up with.

Coop said he’s seen an incredible amount of forest lost in the Jemez Mountains where he grew up. The La Mesa fire was only the first in a series of increasingly large and severe fires, culminating with the 140,000-acre Las Conchas fire in 2011. Within the footprint of Las Conchas, less than a quarter of the landscape is still forested.

“Seeing these things unfold over my lifetime, I don’t know if I ever really could have imagined it,” he said. “I’ve borne witness to these very dramatic changes unfolding in the one place that I really know best on Earth.”

 

 

 

 

Conservation groups don’t get fair shake in Northern Blues Forest Collaborative

The following piece was written Veronica Warnock, conservation director for Greater Hells Canyon Council and Rob Klavins, Northeast Oregon field coordinator for Oregon Wild. Both of them are based in Wallowa County, Oregon. It was published here. Emphasis was added below. – mk

On Tuesday, June 23, our organizations made the difficult decision to withdraw from the Northern Blues Forest Collaborative. As founding members of Northeast Oregon’s forest collaboratives, our organizations have spent countless hours working in good faith to guide Forest Service projects that support our local communities while providing better ecological outcomes for the forests we care so much about. Unfortunately, like many other stakeholders before us, we have determined the NBFC has devolved to a point where we can no longer lend it credibility with our continued participation.

The premise of collaboration is one we still support. Strongly. As the U.S. Forest Service sees its funding continue to dwindle and the public it serves becomes ever more polarized, we need functional collaboration now more than ever.

Good collaboratives provide a platform for representatives from diverse interests to address problems in a landscape we all care about. Good collaborators speak to be understood and listen to understand. We recognize the legitimacy of all interests. We agree on lofty goals of trying to guide willing public agencies toward projects that lead to outcomes that benefit our communities economically, socially, and ecologically. We then seek consensus with give-and-take on all sides. Increasingly at the NBFC, when it comes to protecting things like old growth, roadless forests, wildlife, and salmon — there is no give.

Respect for one another’s values is written into the NBFC’s operating principles. Yet, fellow collaborators have marginalized conservation groups and others with whom they disagree. This and more egregious violations of collaborative principles makes legitimate collaboration impossible.

The Forest Service is under increasing pressure to log our public lands more aggressively, rush scientific review, and reduce public involvement. If it were functioning as intended, the NBFC would be an inclusive place where this pressure is balanced by a diversity of viewpoints rather than serving as a platform for advancing one-sided agendas.

Forest management and collaboratives work best when there are agreed upon rules and sideboards. For 25 years, one such set of rules, commonly known as the “eastside screens,” have provided a safety net for old-growth forests, large trees and the wildlife that depend on them in Eastern Oregon. Now, over the objections of independent scientists and the conservation community, the Trump administration is rushing through a process to undermine those protections. Unfortunately, some interests have pushed this divisive process into the collaborative arena, not only in Northeast Oregon but around the state.

We know collaboration can be successful and have found success in the past — even winning awards for our efforts. We know what good collaboration looks like.

The NBFC has been devolving for years, which explains its dwindling participation. There aren’t many places in Northeast Oregon where conservation voices are given a fair shake. Sadly, the NBFC has become another such place. Therefore, as the last two conservation advocacy members, we felt our continued participation was lending credibility to a dysfunctional collaborative.

While our groups have withdrawn from the NBFC, we remain ready and willing to work in good faith with stakeholders and agency staff to protect and restore the public lands and other places we care so deeply about.

Veronica Warnock is the conservation director for Greater Hells Canyon Council and Rob Klavins is the Northeast Oregon field coordinator for Oregon Wild. Both are based in Wallowa County.

Fire and Climate Change in the West: July 9th Talk by Dr. Phil Higuera

A University of Montana environmental studies professor passed around information on this webinar today, so figured that some folks on this blog might be interested in taking part in this Webinar as well. Dr. Phil Higuera is an associate professor of fire ecology in the Department of Ecosystem and Conservation Sciences at the University of Montana. Below are all the details you need to join in.

Fire and Climate Change in the West

  • Presentation and Discussion
  • History of wildfire
  • Causes and impacts of recent increased fire activity
  • Future expectations
  • Community response

7:00 PM July 9, 2020
Online Webinar

Registration

This talk is free and open to the public, however, advanced registration is required: register here. After registering, you will receive a confirmation email containing information about how to join the talk. To participate, you will need a computer, tablet, or smartphone with a decent internet connection. If you have not used Zoom before, log on 5 min. early to make sure your device has the required software or app. We look forward to a virtual get-together with you on July 9th.

Phil Higuera, Associate Professor of Fire Ecology, University of Montana

The Bitterroot Climate Action Group is trying something new— a public lecture using Zoom! We are excited to present Phil Higuera speaking at 7 pm on July 9th about Fire and Climate Change in the West. Phil Higuera is an associate professor of fire ecology at the University of Montana, where he directs the PaleoEcology and Fire Ecology Lab and teaches courses on fire and disturbance ecology. Research in his lab focuses on understanding the interactions among climate, vegetation, and wildfire activity over a range of time scales and places.

Phil’s talk draws on current scientific research that helps us understand the relationships between climate change and wildfire activity, with a regional focus on the Northern Rockies. Topics include context from the past, the causes and ecological impacts of recent increases in fire activity, expectations for the future, and what we can do in response.

Collaborating on national forest exploitation – an oxymoron?

“Attendees engaged in fruitful conversations during the Green Mountain and Finger Lakes National Forests hosted Environmental Analysis and Decision Making collaboration summit. USDA Forest Service photo.”

“Before retiring, James Burchfield worked as a field forester for the Forest Service and served as dean of the W.A. Franke College of Forestry and Conservation at the University of Montana.”  Where our careers overlapped, he was known for his support of and expertise in collaboration in national forest management.  We have argued on this blog about the proper role of collaboration (it flared up again in the Rim Fire recent example), but in this Missoulian column he points out what I think most would agree is an improper role (on his way to making another point about adequately funding the Forest Service).

In 2002, former Chief Dale Bosworth, who now resides in Missoula, reminded the agency of the concept of stewardship, where the focus is not what we take from the land but what we leave on the land. I fear we may be forgetting these vital lessons.

The June 12 visit to Missoula by Agriculture Secretary Sonny Perdue to announce his Secretarial Memorandum on new agency priorities reminds us how easily we may be lured in the wrong direction. His mandate to “increase America’s energy dominance” and “reduce regulatory burdens” comes on the heels of a June 4 Presidential Executive Order that orders federal agencies to set aside environmental impact requirements because of the economic downturn caused by the COVID-19 pandemic. Certainly, the nation must take assertive measures to restore the economy, but a command to exploit complex ecological systems without appropriate environmental reviews, guaranteed by the National Environmental Policy Act (NEPA), abandons the sound principle of “look before you leap.” Further, forcing the Forest Service to meet production targets on a narrow range of resource benefits — those that can be commodified in the marketplace — discounts other critical resource values such as clean water, wildlife habitat and recreation opportunities that are well-recognized as central to Montana’s economic vitality.

Moreover, the Forest Service has learned its best outcomes emerge only after ongoing deliberations among partners and local residents to apply their nuanced knowledge and experience. This process actually happens in Montana via the decades of efforts by the 20-plus voluntary groups known as forest collaboratives that regularly engage with agency staff to improve project design, build understanding, and help get work done. These collaborative groups do not enter their deliberations with presupposed notions of resource exploitation. They want the best for the land.  

(My emphasis.)  I was always skeptical that including those with strictly monetary interests in collaborative efforts comported with this principle.  I assumed that there would have to be collaborative agreement with the desired outcome as step 1.  (This is also where forest plans should make an important contribution by defining the desired condition of the land.)  After Perdue’s announcement, it’s hard to see how any truly collaborative effort today could get past that step.

 

 

Judge: No evidence of ‘certain and great harm’ to grizzlies-Wyofile Story on Green River Litigation

This is just the rejection of a PI, but of interest. Here’s the link. Thanks to the reporter Angus Thuermer, for summarizing parts of the judge’s opinion.

A judge shared his reasoning Friday on why he refused to halt the killing of grizzly bears, killings that protect a historic Wyoming cattle drive and ranching operation on the Bridger-Teton National Forest.

Conservation organizations presented no evidence wildlife managers will remove more female cattle-eating grizzlies from federal Sublette County grazing allotments if he doesn’t immediately step in, U.S. District Judge Amit P Mehta said.

The conservation groups sued the U.S. Secretary of the Interior and others claiming the grazing plan violated the Endangered Species Act, among other laws, in part because it did not limit the removal or killing of female grizzly bears. Protected by the ESA, female grizzlies are a key component of the Yellowstone ecosystem population in question. The conservation groups sought an injunction to immediately stop the killings and removals.

But the nonprofits Western Watersheds Project, Yellowstone to Uintas Connection, and Alliance for the Wild Rockies “have not offered evidence of a ‘certain and great’ harm that is ‘likely to occur,’” while the case wends its way through court, Mehta wrote. In past years, an average of 0.7 female grizzly bears a year have been removed from the Upper Green River grazing area, the judge wrote. That suggests “the taking of more than one or two female bears during the pendency of this case is unlikely to occur.”

The conservationists did not convince the judge “that the killing of a single member of a threatened species constitutes irreparable harm, especially where, as here, the grizzly bear population has been growing for years,” Mehta wrote.

In reaching his conclusion, Mehta wrote that wildlife managers have several safeguards to ensure that the removal or death of female grizzlies to protect livestock does not endanger the Yellowstone Ecosystem population of an estimated 728 bears. “The lethal taking of a nuisance bear is a last resort,” Mehta wrote, “and there are many checks in the process to ensure that the killing of such a bear, especially a female, cannot be a sudden or spur-of-the-moment decision.”

Among the alternatives are trapping and relocating a suspected cattle-eating grizzly.

Western Watersheds and its allies wanted urgent action but were not urgent in their judicial appeal, Mehta also wrote. The plaintiffs waited more than three months before giving the government a required notice they were going to sue, Mehta wrote. That delay undermined arguments that the grazing plan required emergency intervention, he wrote.

The federal grazing allotments, authorized in 2019, allow ranchers to herd up to almost 18,000 animals, about 9,000 cow-calf pairs, onto the Bridger-Teton National Forest above the Green River. The U.S. Fish and Wildlife Service decided the plan posed no jeopardy to the continued existence of the Yellowstone Ecosystem grizzly.

In doing so, the federal wildlife agency bound the Forest Service to terms and conditions that call for a reassessment of operations should grizzly deaths exceed certain parameters. Ecosystem-wide, for example, Fish and Wildlife Service set the threshold for female grizzly mortality at 9% of the population.

But the Forest Service did not engage in “formal consultation” with FWS about the Kendall Warm Springs Dace, an endangered fish species whose only home on the planet is 984 feet of the 85-degree Kendall Warm Springs. A tributary of the Green River on the Bridger-Teton National Forest, the warm springs lie across the path of the Green River Drift.

Although grazing cattle are fenced out, cattle in the drift can pass through the 160-acre exclosure. That prospect alarmed the conservation groups who said the bovid herds would trammel the sensitive environment of the two-inch-long dace.

Ranchers agreed to either trail herds around the exclosure or truck them through, according to Mehta’s 31-page June 19 order. He rejected conservationists’ request for a “just-in-case” Warm-Springs-Dace injunction because “there is no additional relief that the court can grant.”

There’s other interesting stuff in the article. Here’s some info on the Green River Drift, in use since 1896. I guess there’s a story there somewhere bout how the dace survived drives for the last 124 years and what is different now.

Predating most federal land management agencies, the Green River Drift cattle trail has been continuously used since the 1890s by the Upper Green River Cattle Association ranchers to get cattle from spring pasture on the desert to summer pasture in the forest. Chilly fall weather causes the cattle to “drift” back out of the forest to return to their home ranches. The trail, 58 miles long with 41 miles of spurs, crosses BLM, State of Wyoming, National Forest, and private properties. It has played a pivotal role in the development of ranching in the area as well as in the development of relationships between Federal agencies that manage grazing allotments and private property owners. The Drift was listed on the National Register in November, 2013. Because it is still being used much as it has for more than 100 years, the Drift was listed as a Traditional Cultural Property (TCP), the first ranching related TCP in the nation.

Empathizing With Everyone: Patty Limerick and Violence in Western History

A Kiowa ledger drawing possibly depicting the Buffalo Wallow battle in 1874, one of several clashes between Southern Plains Indians and the U.S. Army during the Red River War. Image from TARL Collections (TMM-1988-21 Reverse).

 

Folktales will return next week.  The recent discussion about Oregon counties reminded me that we can feel compassion for everyone.  There’s no need to ration compassion, as the human heart can be infinitely elastic. In Patty Limerick’s words:

Refusing restraint, empathy defied and transgressed the most clearly marked lines of antagonism and opposition,

So I thought I’d post this piece by University of Colorado history professor Patty Limerick that talks about her journey toward CTA (compassion or empathy toward all) in terms of Western American history.  Which is not unrelated to #EnvironmentWithoutEnemies.  Somehow many environmental (including forest) issues have folks involved who tend to see “good guys” and “bad guys’.  Or black-and-white issues (e.g., salvage logging must always be bad).  Or perhaps they don’t really think that way, but choose to communicate in those ways because they think good guy-bad guy narratives get more clicks, or portraying something as black-and-white is more persuasive.  Hard to tell. There are also many people who don’t see the world this way, but perhaps it is more difficult to find them on social media.

Anyway, Here’s the link to Patty’s entire piece and an excerpt below.

In the early 1990s, I called a halt to this awkward effort at self-protection and wrote an essay called “Haunted America” on violent conflicts between whites and Indians. This essay appeared in a book of photographs taken at places where calamities and tragedies had occurred. With rare exceptions, most of these sites had become places of forgetfulness, without any visible indication of the brutal events of the past.

For three months, I read nothing but stories of violent encounters between Indian people and Euro-American soldiers and settlers. When I woke in the middle of the night and when I got up in the morning, my mind found no refuge from bullets, knives, arrows, sabers, ropes for hanging, and torches for burning.

Soon, there was nothing left of the emotional distance I had tried to keep between me and the violence of the Western past.

There is no question of who provoked these wars and who invaded whom. Euro-American people were the invaders, and Indian people were the inhabitants of the lands the invaders wanted.

And yet, immersed in wrenching stories of violence, I lost the ability to choose sides.

I empathized with Indian people, who had been besieged, pursued, and attacked in episodes beyond counting.

I empathized with settlers, who were often genuinely oblivious to their status as disruptive invaders, but who became, for reasons that would be hard to miss, targets of attack.

When people suffered devastating attacks on their homes, I responded with equal anguish to the miseries inflicted on families of Indian people, families of white people, and, maybe most vulnerable of all, families of people of mixed heritage.

Refusing restraint, empathy defied and transgressed the most clearly marked lines of antagonism and opposition, and I found myself unable to discount the ordeals of the soldiers who had been placed squarely in the middle of situations where resentment, retaliation, and rage ruled.

Many of these soldiers were immigrants who arrived in the United States with little money and who saw signing up as soldiers as one of their few routes to opportunity. Others were African American men who were emancipated slaves, or refugees from the injustices of Southern tenant farming and sharecropping. Meanwhile, even if Army officers may have come from origins in what we would now call “white privilege,” there was nothing that could pass for comfort or ease in the life of soldiers from the white working class.

Indisputably an army of invasion, this was also an army of unreliable equipment and inadequate clothing, especially in seasons of heat and cold; meager and often inedible rations; and constant risk of accidents, exposure, illness, exhaustion, and injury and death in battle. Perhaps most important, the soldiers faced these risks because they were following the orders and executing the policies decreed by distant presidents, senators, congressmen, and appointed officials who had only a sketchy knowledge of the conditions in the West.

Yes, these soldiers participated in devastating military campaigns against Indian people. But nothing in their stories could convince me to lead the campaign for their demonization.

By the time I sat down to write the essay, I had empathized with nearly everyone. But a few individuals, who had moved through life with a savage and intentional cruelty, gave empathy a chance to take a break. In truth, it was a relief to come upon dreadful people who I could simply find contemptible.

I’m not sure that we have any of those in our (forest) world.

Don’t Get Burned by ‘Wilder than Wild:’ Wildfire Documentary’s Omissions Mask Forest Service’s Logging Mission

The following piece was written by Douglas Bevington, author of The Rebirth of Environmentalism: Grassroots Activism from the Spotted Owl to the Polar Bear (Island Press, 2009). It was published by Counterpunch

This month, some PBS stations around the country are airing a documentary titled Wilder than Wild: Forests, Fire, and the Future. It is a one-hour film about wildfire issues in California. This is an extremely timely and important topic. Unfortunately, the filmmakers have chosen to make glaring omissions—excluding key scientific and environmental voices and leaving out essential facts—that cause their film to distort these issues more than it informs. As a result, the film gives cover to policies that are harmful to forests, dangerous for public safety, and detrimental to the climate, while steering attention away from genuine solutions.

The problems with Wilder than Wild can be traced back to filmmakers Stephen Most and Kevin White’s previous short documentary The Fire Next Time, which was about the Rim Fire. The Rim Fire was a very large forest fire that occurred in California in 2013, mainly on national forest lands that border Yosemite National Park. These are lands managed by the Forest Service. Large wildfires have become a big business for this federal agency because it can sell the burned trees to timber companies at cut-rate prices while keeping money from these sales to pad its budget.

The Forest Service saw a big opportunity in wake of the Rim Fire and proposed a massive post-fire logging project. In fact, the Forest Service sought to cut more trees in the Rim Fire area than had been cut on all of California’s national forests combined over the previous three years. Post-fire logging causes extensive ecological damage, so some environmental organizations such as the Center for Biological Diversity and the John Muir Project began working to challenge the Forest Service’s Rim Fire logging project.

Yet when the Rim Fire documentary The Fire Next Time was shown at an environmental film festival in 2015, it generated controversy because the filmmakers had not interviewed any of the environmental groups at the forefront of challenging the Rim logging project or any of the scientists researching the adverse impacts of post-fire logging. Instead, the filmmakers focused on an entity called Yosemite-Stanislaus Solutions (YSS) that was involved in promoting logging of the Rim Fire forests. YSS is an example of what is called a “collaborative.” Collaboratives bring together local logging interests and some local environmental groups to consult on Forest Service projects, and the Forest Service touts endorsements of logging by these collaboratives.

However, the role of collaboratives has received widespread criticism. Numerous environmental groups troubled by their experiences with collaboratives issued a collective statement on how collaboratives are dominated by logging interests. As a participant in a collaborative near YSS explained, “It became apparent that there was no real accountability, and the Forest Service would simply pick and choose what it wanted from the collaborative. Essentially, the collaborative served to provide cover for what the Forest Service was going to do anyway, with minor adjustments.”[1]

The underlying problems with The Fire Next Time became apparent when its script writer, Stephen Most, wrote about his experiences with the film. He explained the film’s science advisor was a Forest Service employee—Malcolm North—and the Forest Service threatened to block the filmmakers from using statements from North unless they changed the film to fit with the Forest Service’s messaging. Stephen Most candidly states that the filmmakers sought to have the Forest Service promote their film to rural audiences, so they altered their film to accommodate the Forest Service.[2]

Unfortunately, this pattern of deference to the Forest Service appears to have continued as they expanded their film into a longer version, retitled Wilder than Wild. Along the way, the filmmakers interviewed some scientists concerned by the Forest Service’s logging projects, but these segments were all left on the cutting room floor. Ultimately, the filmmakers chose to silence criticism of the Forest Service’s current actions, and instead constructed a film that fits comfortably with the Forest Service’s current messaging about forest fires. In so doing, they discarded an important opportunity to show what really happened after the Rim Fire, and, as a result, Wilder than Wild wound up with misleading conclusions about the broader implications of the Rim Fire for the climate crisis and public safety.

What Really Happened After the Rim Fire

It is shocking to compare the statements about the Rim Fire made by the Forest Service and its allies in the YSS, as presented in Wilder than Wild, with the on-the-ground reality. From the film, one gets the impression that the Rim Fire burned mainly at high severity—i.e., killing most of the trees. The reality is that the federal government’s own Monitoring Trends in Burn Severity analysis showed that less than 20% of the Rim Fire burned at high severity. In other words, while the Rim Fire had patches of high-severity effects, the majority of the fire burned at low and moderate severity. That’s how most forest fires in California burn now, and historical evidence shows that’s also how they burned prior to modern fire suppression.

Moreover, the high-severity patches in the Rim Fire created ecosystem benefits, but viewers of Wilder than Wild do not hear about those benefits. Instead, the speakers featured in Wilder than Wild portray the high-severity patches as threat to wildlife such as the spotted owl, and they use this as a justification for trying to prevent similar fires in the future. The filmmakers ignored abundant scientific research on how high-severity fire patches create excellent wildlife habitat in dead trees and understory vegetation. These areas have some the highest level of wildlife diversity and abundance of any forest type, comparable to or even greater than old-growth forests. For example, post-fire forests are great places to find the spotted owl’s prey. It should come as no surprise then to learn that Forest Service’s own surveys found large numbers of spotted owls living in the Rim Fire area after the fire. In fact, spotted owls were using the Rim Fire area at higher than average levels compared to other forests in the region. However, the filmmakers chose not to mention these findings.

Likewise, at the time that the Forest Service was developing its massive post-fire logging project, it did not properly disclose its owl survey results to the public. When groups involved in challenging the project uncovered these surveys, they discovered that the Forest Service would be logging most of the occupied spotted owl habitat. In response, the Center for Biological Diversity, John Muir Project, and California Chaparral Institute filed suit against the Forest Service over the Rim Fire logging. These groups do not appear in Wilder than Wild. Instead, the filmmakers celebrate John Buckley, a leader of Yosemite-Stanislaus Solutions, yet they do not mention that Buckley intervened against this lawsuit and in favor of allowing the logging of occupied spotted owl habitat to proceed. With help from Buckley and the YSS collaborative, the Forest Service was able to do extensive clearcutting in the Rim Fire area. Nonetheless, the environmentalists’ lawsuit helped ensure that significant portions of the post-fire forest remained uncut for the time being.

Unfortunately, the Forest Service then developed another project to cut key portions of the post-fire forests that had escaped the initial logging. This next Forest Service project was based heavily on the claim that new trees would not grow back naturally in high-severity patches from the Rim Fire. This claim was also repeated by speakers featured in Wilder than Wild. However, one can now walk through even the largest high-severity patches within the Rim area and see abundant new trees growing naturally without replanting. This growth is most apparent in the unlogged areas, whereas the natural tree regeneration often gets crushed in areas where post-logging occurs. Yet rather than show the new trees growing in the unlogged areas, the filmmakers instead selected to focus on a Forest Service-sponsored tree planting in an area that had obviously been clearcut and bulldozed after the fire, leaving only bare ground.

Likewise, despite the extensive evidence of natural regrowth, the Forest Service chose to proceed with its new project, claiming that the post-fire forests needed to be clearcut to allow for artificial tree planting. Once again, YSS members promoted the cutting. And once again, environmental groups that were not featured in Wilder than Wild, including Greenpeace, challenged the project. Their lawsuit is currently still in court. This latest case helps to illustrate key problems with Wilder than Wild’s approach to climate issues and public safety, as described below.

The Climate Crisis, Wildfire, and Logging

One of the new plaintiffs on the current lawsuit against cutting the Rim Fire forests is acclaimed climate scientist James Hansen. He joined the environmentalists’ lawsuit out of concern regarding the carbon emissions that result from cutting down the post-fire forests, and how those emissions will increase the climate crisis. Yet, Wilder than Wild is silent about the carbon emissions from Forest Service logging projects done under fire-related justifications. Instead, the film only presents some early estimates of carbon emissions from forest fires, when subsequent research has shown those initial numbers to be highly exaggerated. The filmmakers ignore science showing that forest fires produce only a small fraction of carbon emissions, whereas logging is one of the biggest sources of greenhouse gases. Thus, Wilder than Wild contributes to the problem of misinformation about wildfire being used to promote logging policies that harm the climate.

Overlooking Public Safety Solutions—Working from the Home Outward

Much as Wilder than Wild is silent about the Forest Service’s fire-related logging, it is also silent about the crucial role of home retrofits in wildfire safety. The film contains numerous images of burning buildings, but vigilant viewers may notice that the burnt houses are often surrounded by green unburned trees. While the message of the film is that fire in forests must be altered for public safety, the reality is that most houses that burn during wildfires are not igniting from contact with forest fires flames. Instead, they are mainly ignited by windblown embers, or by the flames of adjacent houses that have not taken adequate fire safety precautions from these embers. The good news is that homeowners can protect their houses from igniting by taking steps such installing fine-mesh vent screens to keep embers from getting inside the house. The effectiveness of these steps was first demonstrated by a Forest Service scientist named Jack Cohen.

As one article summarized, “Cohen thought he had come up with a way to save houses and to let fires burn naturally—he thought it was a win-win. And so in 1999, he presented a paper about his findings at a fire conference in front of people from the Forest Service and state fire agencies. These were people who were in a position to change policies. But Cohen says they were totally uninterested. Cohen’s research implied that basically everything about how the Forest Service dealt with wildfires was wrong.”

Just as the Forest Service shied away from Cohen’s findings, so too do the Wilder than Wild filmmakers remain silent about this important opportunity. The most effective actions to help communities safely coexist with fire-dependent ecosystems involve what is called “working from the home outward.” Because the home fire-safety retrofits at the center of this strategy largely take place outside of national forest lands, the home-outward approach does not provide the same opportunities for the Forest Service to boost its budget as from the forest-alteration approach celebrated by Wilder than Wild. So the forest-alteration projects of the Forest Service have gotten the lion’s share of the attention and resources when it comes to wildfire policy, whereas there has been comparative little financial assistance provided to help communities with home safety retrofits.

The aftermath of the Rim Fire provides a stark example of this problem. The Forest Service’s fire-related logging projects can be quite costly. When the Forest Service sought to pursue its second project to cut down more post-fire forests in the Rim Fire area (as described above), it was able to get funding for it in a bizarre way. The Department of Housing and Urban Development (HUD) offered grants to states for community disaster recovery and rebuilding. With the support of the Yosemite-Stanislaus Solutions members and their allies, the California state government took $28 million dollars of these HUD funds and gave them to the US Forest Service to subsidize more clearcutting of post-fire forests in remote areas, rather than helping fire-impacted communities rebuild in fire-safe ways. That is another key issue in the lawsuit by James Hansen and the environmental groups against the project. And it illustrates how the promotion of logging in fire policy can come at the expense of public safety. But once again, Wilder than Wild makes no mention of these issues, even as the filmmakers celebrate the Forest Service and YSS members who promoted this problematic project.

Alternate Resources about Fire

Ultimately, Wilder than Wild presents a distorted lens for viewers hoping to understand forest fires and their implications for climate change and public safety. Many of the film’s problems stem from what the filmmakers chose to omit. They silence the voices of key scientists and environmental groups and avoid any content that casts an unfavorable light on the Forest Service’s current approach to wildfires. For example, the Forest Service’s fire-related logging is largely unacknowledged in the film. Instead, the filmmakers focus on the role of prescribed fire in the forest-alteration policies they promote, while not mentioning how the Forest Service generally makes logging be a precondition for prescribed fire. Furthermore, the word logging is replaced with innocuous-sounding euphemisms such as “fuels reduction” and “management,” while the ecological and climate harms from fire-related logging are not discussed. Viewers should stay alert to these omissions.

Other problems stem from the way that the filmmaker’s narrative is built around significant distortions of the actual effects of the Rim Fire in order to create a bogeyman for the rest of the film. The weblinks included among the text above will give viewers tools to help identify these distortions. And PBS stations should consider airing a different Rim Fire documentary called Searching for the Gold Spot: The Wild after Wildfire to offer their viewers a fuller view of what is really occurring after large wildfires.

Another useful resource is called “6 Best Kept Secrets about Fire.” It features a series of concise short videos about key wildfire-related topics, such as Climate Change & Fire. An excellent article from the Cornell Lab of Ornithology titled “Old Flames: The Tangled History of Forest Fires, Wildlife, and People” combines interviews with scientists on the frontlines of research on fire ecology and fire safety. Teachers seeking additional materials about fire can find them at “Resources for Teaching about Forest Fires and Climate Change.” And an introduction to the importance of fire-safety home retrofits can be found in “A New Direction for California Wildfire Policy: Working from the Home Outward.”

As that report illustrates, there are sensible ways to respond to the role of wildfires amid a changing climate that are effective for public safety, ecologically appropriate for forests, and help address the climate crisis, but viewers will need to look beyond the distorted lens of Wilder than Wild to find those solutions.

Notes.

1) Bevington, Douglas, “Lessons from Groups that Litigate Logging” in 193 Million Acres, ed. Steve Wilent (Society of American Foresters, 2018), 475. 

2) Most, Stephen, Stories that Make the World: Reflections on Storytelling and the Art of Documentary (Berghahn Books, 2017), 228. 

Investigating the Investigation: “Big Money Bought the Forests” I. What Story Would You Tell?

Some of  the photos in this OOPro story seem unusually dark. There also look to be many sticks in this barren industrial forest. Is that really a sapling?

As my professors used to say when I’d critique something… “if you’d written the paper, you could have done it your way.”  Even if we agree on facts, calculations, or projections, they don’t necessarily lead to only one possible narrative.  One of the things I like to do on TWS is to explore different ways of looking at the same facts. So let’s look at the OPB/Oregonian/Propublica piece titled Big Money Bought the Forests:Small Logging Communities are Paying the Price.

In this case, the numbers aren’t really “facts” but calculations. I’m not enough of an economist to dig in to how they were calculated, but  Here’s a link to a piece describing it.

I will say this, though. The tagline on the webpage is “A data investigation by OPB, The Oregonian/OregonLive and ProPublica  found that timber tax cuts have cost counties at least $3 billion in the past three decades”, but they also later explain, adding “Since then, the department estimates the total loss from forestland property taxes to be about $806 million.”  Since most states tax agricultural and forest land at lower rates, I’m not sure that adding this amount in is appropriate for this analysis, so I’ll call it “severance+.” Here’s Polk County’s explanation of the farm and forest deferrals.

I copied the analysis, and calculated a difference and a ratio of fed/severance+ losses for each county.  It would be appreciated if someone would check my figures. After a while of looking at them, I wondered if the differentials (between fed and severance+ losses) could be attributed to the proportion of federal to private land in each county.  I couldn’t find that, but I could find the % public land here. A problem with that data for our use here is that State land is also included.  Even so, there seems to be a high correlation between bad impacts to counties with lots of federal land from the fed payment loss, and bad impacts to counties with lots of private land from the severance+ tax loss. If someone has just the federal land %, I will fix the table.

You could conclude, as the authors did, that half the counties did just as badly from severance as they had from federal payment loss.

Half of the 18 counties in Oregon’s timber-dominant region lost more money from tax cuts on private forests than from the reduction of logging on federal lands, the investigation shows.

You could conclude that taken across counties, more was lost to Oregon counties from lost federal payments than from severance+.

You could conclude that some counties have had a really bad double whammy.  Douglas, Lane and Linn. It would have been interesting to interview people in those counties.

But I haven’t lived in Oregon for a long time, and never on the west side, so I’m hoping others will weigh in with other ideas and conclusions.

 

Estimated Revenue Losses in Oregon’s Western Counties Since 1991Est Fed Payment LossEst Severance+ Tax LossDifferenceRatio Fed/Sev%Public Land
Benton$51.7m$85.0m-$33m.6024.4
Clackamas$252.4m$94.1$158.32.6854.5
Clatsop *$-334.7k$170m-$170.3?29
Columbia$29.9m$135m-$105.1.228
Coos$88.2m$208.9m-$120.7.4228.8
Curry$162.1m$63.8$98.32.5461.7
Douglas$968.7m$355.0m$613.72.7252.2
Hood River$68.2m$13.7m$54.54.9774.9
Jackson$414.6m$72.4m$342.25.7252.1
Josephine$223.9m$21.1m$202.810.6168
Lane$981.1m$368.4m$612.72.6658.5
Lincoln$108.3m$122.1m$-13.8.8834.6
Linn$287.0m$189.6m$97.41.5139.6
Marion$116.3m$51.8m$64.52.2529.2
Polk$28.7m$106.0m-$77.3.2711.9
Tillamook$63.6m$72.1m-$8.5.8873
Washington$9.1m$93.4m-83.9.1014.8
Yamhill$25.3m$82.2m-56.9.3116.5
$1607.9

*Clatsop County’s federal payments are estimated to have increased slightly since 1991.