Happy Tenth Anniversary New Century of Forest Planning/The Smokey Wire!

As part of our tenth anniversary celebration, from now (the actual anniversary) for the next month, we are going to feature NCFP/TSW faves. Anyone can submit one and email me. All I ask is that you submit the link to the post, why it is your fave (or one of them), and why you think it’s still relevant today.

In Google, you can search a website like this site:forestpolicypub.com.

So, say you remember a post with Leiberg as a topic or possibly Leiburg (as it turns out I may have spelled his name wrong). Just Google using “leiberg” site:forestpolicypub.com. Or “Andy Stahl” (who wrote my personal favorite post of all time) or ….

So if you remember one that’s your fave, tell us why and email it to me, and I’ll repost. I’m also interested in other ideas for our anniversary celebration.

Here’s our original post from November 11, 2009:

The University of Montana’s College of Forestry and Conservation and the Forest Service are initiating a blog focused on the new forest planning rule. Our goal is to solicit broad participation from a cross-section of interests in a respectful atmosphere of mutual learning.  We seek to hear from academics of all stripes, scientists, practitioners of planning and other past, current and future agency employees , lawyers, members of interest groups, and members of the public who will be working with local forest plans.

We believe that ideas will be stronger and choices clearer if developed through such a multidisciplinary, multi-perspective dialogue. 

The blog is administered by Sharon Friedman (USFS) and Martin Nie (University of Montana).

The Esoteric World of Roadless Rules and Fuel Treatments II. Roads in the 2001 and Colorado Roadless Rule

slide number 8 from presentation by Trey Schillie (https://slideplayer.com/slide/9210580/)

As we’ve said before, no new roads are allowed under the 2001 Roadless Rule. This includes temp roads and permanent roads. Existing roads are OK in the 2001, shouldn’t exist in Colorado Roadless (have been mapped out).

What does the Colorado Roadless Rule have to say about temporary roads for the purpose of fuel treatments?

(vi) The Regional Forester determines a temporary road is needed to facilitate tree cutting, sale, or removal (§ 294.42(c)(1)) within the first one-half mile of the community protection zone to reduce the wildfire hazard to an at risk community or municipal water supply system;

and perhaps in some cases:

(vii) The Regional Forester determines a temporary road is needed to facilitate tree cutting, sale, or removal (§ 294.42(c)(3)) within the first one-half mile of the community protection zone to maintain or restore characteristics of ecosystem composition, structure and processes;

What is a CPZ (from definitions)?

Community Protection Zone: An area extending one-half mile from the boundary of an at-risk community; or an area within one and a half miles from the boundary of an at-risk community,
where any land:
(1) Has a sustained steep slope that creates the potential for wildfire behavior endangering the at-risk community;
(2) Has a geographic feature that aids in creating an effective fire break, such as a road or a ridge top; or
(3) Is in condition class 3 as defined by HFRA.

Many, many, many discussions with many, many interest groups, government agencies, politicos,  and several state and federal public comment periods led to these specifics. The idea of the Regional Forester approval is that several FS layers would review and have to sign off on the proposed project.

Back to my original point, it’s hard to say that the Obama and Hickenlooper administrations were in the pockets of the (Colorado) timber industry when the CRR was finalized. Hence, in the case of Utah, it is also possible that they have their own, similar, fuel treatment concerns.  After all, Utah is next door to both Colorado and Idaho (of the two current State-specific rules) and could share similar concerns.

The Esoteric World of Roadless Rules and Fuel Treatments I. Tree Removal in the 2001 and Colorado Roadless Rule

I think this photo is from Tom Troxel and is in Colorado.

This started out as a very long comment on the previous article on Utah. I was deeply involved in the development of the Colorado Roadless Rule. That is,  until one morning I came into work and was rather unceremoniously removed, at the behest of parties unknown, for reasons unknown (at least to me). To be honest, the whole episode was somewhere between unceremonious and ignominious. Despite that blip on the screen, I feel as if I have earned Roadless Geekhood status. Nevertheless, I could easily be wrong, so in the interests of explaining this, I’d appreciate any corrections.

Most Roadless discussions in the press and many public comments are at a pretty abstract level. “State opens up roadless areas to unmitigated logging” and so on. Even our own colleague, Dave Iverson, in an op-ed in the Salt Lake Tribune wrote “I won’t attempt to guess Herbert’s true intentions for bringing this petition to the Forest Service. I do know it is not a sincere or comprehensive attempt to combat wildfires.”

Yet the 2001 Rule, as one of its authors Chris Wood once said “was not written on stone tablets.” As a general rule, any policy should have some kind of feedback mechanism for improvement. For example, in Colorado we had acres that weren’t really roadless in IRA’s and areas that should have been in IRA’s that weren’t. Swapping them around seemed like a good idea.

I am generally a fan of the 2001 Rule and think it was a great policy step forward (even in the early 90’s the idea was an alternative within the RPA Program). Nevertheless, there were things in it that fit those days,  but perhaps not today, as well as they might.

When we think about fuel treatments and roadless areas, we have to think about two things. The first is tree cutting and the second is removal. What does the 2001 Rule say?
Exception for cutting:

(ii) To maintain or restore the characteristics of ecosystem composition and structure, such as to reduce the risk of uncharacteristic wildfire effects, within the range of variability that would be expected to occur under natural disturbance regimes of the current climatic period;

In Colorado, we generally thought that that would work for ponderosa pine, but not so much for dead lodgepole (of which we had many acres). What is the “current climatic period?”  Isn’t that influenced by climate change? If so, then what is a “natural disturbance regime” for an unnatural and unknown going forward climate? Or is it the past climate? But that’s not what the regulations says.

And isn’t the whole thing a little dishonest when the purpose and need is really to provide a safe space for suppression folks to work and to change fire behavior? Through at least five years of discussions, we came to the conclusion that this was too fuzzy and could lead to litigation, and that the WUI needed something more specific. Many discussions of WUI definitions took place, as might be imagined.

As part of the negotiations, Colorado Roadless acres were divided into an “upper tier” and “non-upper tier”.  Public comment was received on the mapping and the restrictions in each tier.

Here’s what the Colorado Rule says:

CFR part 223, subpart A.
(c) Non-Upper Tier Acres. Notwithstanding the prohibition in paragraph (a) of this section, trees may be cut, sold, or removed in Colorado Roadless Areas outside upper tier acres if the responsible official, unless otherwise noted, determines the activity is consistent with the applicable land management plan, one or more of the roadless area characteristics will be maintained or improved over the longterm with the exception of paragraph (5) and (6) of this section, and one of the following circumstances exists:
(1) The Regional Forester determines tree cutting, sale, or removal is needed to reduce hazardous fuels to an at-risk community or municipal water supply system that is:
(i) Within the first one-half mile of the community protection zone, or
(ii) Within the next one-mile of the community protection zone, and is within an area identified in a Community Wildfire Protection Plan.
(iii) Projects undertaken pursuant to paragraphs (c)(1)(i) and (ii) of this section will focus on cutting and removing generally small diameter trees to create fuel conditions that modify fire
behavior while retaining large trees to the maximum extent practical as appropriate to the forest type.
(2) The Regional Forester determines tree cutting, sale, or removal is needed outside the community protection zone where there is a significant risk that a wildland fire disturbance event could adversely affect a municipal water supply system or the maintenance of that system. A significant risk exists where the history of fire occurrence, and fire hazard and risk indicate a serious likelihood that a wildland fire disturbance event would present a high risk of threat to a municipal water supply system.
(i) Projects will focus on cutting and removing generally small diameter trees to create fuel conditions that modify fire behavior while retaining large trees to the maximum extent practical as appropriate to the forest type.
(ii) Projects are expected to be infrequent.
(3) Tree cutting, sale, or removal is needed to maintain or restore the characteristics of ecosystem composition, structure and processes. These projects are expected to be infrequent.

Next post: Removal of Cut Trees and Temporary Roads
If someone knowledgeable about Idaho Roadless would tell us how fuel treatments are handled in the different themes, that would add to our discussion.

Stewardship contracts – a better tool for the job than a roadless rule?

I wouldn’t have thought that one is a substitute for the other, and maybe this suggests that Utah defined its problem wrong initially.  But they’re happy enough with the way their Shared Stewardship agreement is working that they have put their roadless rule proposal on a back burner.  At least some greens seem happy, too, and least those concerned about roadless areas.  Priority-setting, within the framework of a forest plan, is one thing that I think lends itself to collaboration.

Amid debate about state-specific exemptions to the Roadless Rule, Congress created the capacity to negotiate “stewardship contracts” ranging up to 20 years with states in the 2018 Consolidated Appropriations Act.  It allows the Forest Service to rely on “state’s guidance for designing, implementing, and prioritizing projects geared toward reducing the risks of damaging wildfires and promoting forest health.”

 

Wilderness Society Senior Resource Analyst for National Forest Policy Mike Anderson said conservationists are encouraged by what Shared Stewardship agreements could foster in addressing critical needs.  “Working side-by-side to identify the major risks and implement projects that are actually going to make a difference on the land is something conservationists, I think, can generally can support,” he said. “We think it is good.”

 

(Utah Public Lands Policy Coordinating Office lead counsel) Garfield said under the agreement, projects “can happen, and are occurring, within and without the roadless area, when necessary.”    ‘The existing rule provides a lot of exceptions that the Forest Service can use for forest restoration,” he said. “The Forest Service wasn’t using those” exceptions in many cases.  Garfield said PLPCO will be watching closely over the next four years to see if the Shared Stewardship agreement works out before withdrawing its petition. “I won’t say everything we hoped to accomplish under a state-specific Roadless Rule will be achieved under the Shared Stewardship agreement,” he said, “but a lot of progress is being made.”

(One error in this article – the Idaho and Colorado state roadless rules have been approved.)

Let’s Take Another Look at John Talberth’s Street Roots Interview: Guest Post by Rob Freres

(This is from Steve Wilent) Smokey Wire folks, I received an op-ed from Rob Freres, president of Freres Lumber Co. in Oregon, in response to our discussion. It’s long, but worth a read — and a comment or two. A friend had forwarded an email with part of our discussion to Mr. Freres. I invited him to join us and participate in this and other posts. I hope he’ll do so. The more viewpoints the better.

Let’s Take Another Look at John Talberth’s Street Roots Interview
By Rob Freres

Matthew Koehler recently shared a Street Roots News interview with the Center for Sustainable Economy’s John Talberth. The interview reveals the core arguments coming from the fringe of the environmental movement, that is: 1) nobody should make a dime in federal forest management; 2) new taxes and policies are needed to make private forest management unprofitable; and 3) taxpayer subsidies will be necessary once public and private forest management both become unprofitable.

Forestry is a big business. So is environmentalism. The environmental activist industry supports hundreds of well-funded and well-staffed organizations. These self-described “think tanks” and “watchdogs” are subsidized through preferential tax policies, and supported by deep pocketed foundations and millionaire “do-gooders,” and tax-sheltering benefactors – not to mention outdoor retailers that manufacture products overseas with non-renewable materials and questionable labor practices. Federal forest management alone has created a cottage industry as environmental litigation transfers millions of tax dollars to groups through the Equal Access to Justice Act. With so much competition in the industry, it’s hard to blame Talberth for producing provocative “research” that seeks attention, stirs controversy, and attracts funding.

Savvy environmentalists like Talberth understand Americans are wary of corporations, and are now especially sensitive to the influence of foreign actors in domestic affairs. That’s why Talberth expresses alarm over the ownership of industrial forestlands, and in particular the “growing share” of “foreign investors and foreign companies.” Talberth cites a USDA Farm Service Agency report indicating 555,134 forested acres in Oregon are foreign-held, though the report doesn’t delineate how much of that land is used for industrial timber production. To put this number in perspective, that’s just five percent of the 9.4 million acres of Oregon forests that are privately managed, and just a tenth of one percent of Oregon’s total forested land base.

The federal government owns 60 percent of Oregon’s forested land base and pays no property taxes. Large private landowners own 22 percent of the forests and pay a variety of taxes, so do the over 100,000 small private land owners who own and manage their own forests.

Talberth also understands Americans are increasingly concerned about climate change. He and others are aggressively pushing a narrative that “big timber” is a top carbon emitter, even surpassing the transportation sector. Every article and interview pushing this narrative cites research that has long been picked apart. Such agenda-driven science, perhaps more accurately described as “political science,” often doesn’t account for 1) the carbon that is stored in manufactured wood products (such as the wood in your home); 2) the replanting of trees after harvest (a legal requirement in the state of Oregon where more trees are planted than harvested); 3) the rate of carbon sequestration of young forests (a point that was intentionally and completely neglected by the infamous Bev Law “study”); and most commonly 4) “leakage,” where reduced timber harvests in the United States would simply be replaced by timber harvests in Canada, Asia, South American, and elsewhere.

Talberth, an economist by training, is familiar – or at least should be familiar – with the concept of elasticity of supply and demand. “Stopping” timber harvests on federal lands does not diminish worldwide demand for wood products. It would only change where the wood comes from. And there is never any recognition of the carbon emissions from catastrophic wildfires that often burn through unmanaged, overstocked and insect-infested stands on federally-owned forests. There are now national forests in the Rocky Mountain states that are carbon emitters exactly because management has been neglected and forest mortality exceeds forest growth.

Who really benefits from Mr. Talberth’s anti-forestry agenda? Aside from environmental organizations, the prime benefactors are the concrete and steel industries that emit far more carbon emissions than the forest sector. Foreign actors would only benefit from the transfer of America’s technological, engineering, science, and efficiency advantages – and the manufacturing and domestic jobs they support – to countries with less restrictive conservation laws and regulations. Once logs are no longer exported from North America, the fiber will be logged in other countries, such as the Amazon rainforest where loggers do not operate under strict regulations and environmental safeguards. Some members of Congress have sought to bring attention to the influence of foreign actors on the environmental movement itself. Maybe they’re on to something.

Since the 1990s “zero cut” activists have also pushed studies questioning “logging subsidies” on National Forest System lands. Talberth’s latest “report” doesn’t offer anything new and hasn’t gained much traction as Republicans and Democrats alike seek to accelerate forest management activities on federal lands. Just like agenda-driven studies on carbon emissions, it simply cherry picks data, and conveniently ignores variables relating to log markets and the economics of harvesting timber under the current process. In reality, federal timber purchasers have paid over $1.1 Billion for National Forest System timber since 2011, which by law is used to enhance resources on National Forest System lands, ensure reforestation, and provide safe ongoing access to fire suppression, recreational use, and future management. A portion of these logging revenues have also helped build and sustain rural communities and essential public services like law enforcement, education, and transportation for more than a century.

Talberth objects “to the very idea of using federal forest lands for private profit.” He must be referring to timber, because the recreation industry generates billions of dollars in profit off of utilizing these lands. Of course this statement ignores that fact that national forests, unlike national parks, were always intended to be managed for many purposes— timber, recreation, grazing, wildlife, fish and more. In some ways, environmental organizations have succeeded in making forestry on national forests unprofitable. This is especially true in the Southwest, where there is little forest infrastructure left to implement federal restoration projects that reduce wildfire risks, enhance wildlife habitat and protect watersheds. Just ask Arizona, which faces severe forest health and wildfire threats but does not have the infrastructure or workforce to complete the necessary work.

For an economist, Talberth betrays a misunderstanding of forest economics. He also misunderstands the science of forestry by proposing one-size-fits-all prescriptions, which make little sense across different forest types with different tree species. Variable density thinning may make sense in accomplishing specific objectives on certain forest types. But arbitrarily restricting the use of forestry tools and methods only leads to unintended consequences, in some cases the conversion of forests to shrublands, and in others the dominance of species that are less resilient to disturbances. Who would you trust to provide you with good information about how to manage a forest: a professionally trained and certified forester, or an economist and professional activist?

There are a lot of other things that Talberth gets wrong. For example, in attacking industrial landowners for receiving “tax exemptions” for road building and equipment, he misses the fact that most landowners do not own and operate their equipment. Logging and road-building equipment is most often owned and operated by small contractors, and accounting for tax depreciation often determines whether the contractor stays in operation or shuts down entirely. The tax policies that Talberth is proposing would only serve to destroy the small businesses that harvest and transport the wood, but maybe that’s his objective anyway.

Oregon’s system of taxing forestland and timber has evolved over the state’s history, and today is based on progressive property tax and forest practice laws that recognize different forest types, geographic areas, ownerships and forest management objectives. The “special rates” Talberth mentions were developed because past tax policies only served to encourage the liquidation of forest resources and the conversion of forest lands to other users. Private landowners also receive no compensation for the vast amounts of carbon stored on their lands, for opening their lands to the public for hunting and recreational purposes, or for often being the first line of defense for catastrophic wildfires exploding on public lands. Would Talberth suggest the public should pay landowners for these services and benefits?

HB 2659, which Talberth proposed in the Oregon legislature, likely failed to get traction because it would only increase the tax burden on small woodlands owner while repealing exemptions that promote the use of more modern and environmentally-sensitive logging equipment. Such poorly-written tax law would encourage lawsuits, create chaos in land taxation and assessment, impose costly red tape and- once again- encourage the liquidation and conversion of forest lands.

In the face of climate change, we should be pursuing solutions that maximize the carbon-sequestering potential of forests. We would agree with Talbert on that goal, but eliminating private enterprise from American forestry through illogical tax and regulatory policies would result in the opposite effect. America’s forest products industry is the green infrastructure that already supports thousands of “New Green Deal” type jobs that Mr. Talberth says he’s after. Attacking the forest products industry may be good for his business, but Talberth is targeting the very people who keep forests as forests, and are constantly innovating through modern science and technology to tackle some of our greatest social, economic, and environmental challenges. No amount of government subsidy can replace private enterprise.

Rob Freres is President of Freres Lumber Co., an Oregon-based premier wood products manufacturing company dedicated to bringing innovative, high-quality and environmentally sound wood products to market. The company’s operations support more than 450 employees.

“Bike Hate” and Public Comment-Induced Dysphoria (PCID)

(Had trouble uploading photo, imagine e-bike)

I think many of us who have read public comments may feel sympathetic with Ms. Bonnell from Jefferson County, Colorado. She seems to have a case of “public comment induced dysphoria” or PCID. Not that it’s in the DSIM, but possibly should be. As I recall from my experience in the Forest Service, our healing modality involved a support group and often craft beer..

As part of her decision-making to allow electric bikes on trails in Jefferson County, Mary Ann Bonnell would sit at home reading survey responses.

“There were a lot of late nights screaming at pieces of paper,” she says.

They made her think of a webinar she viewed. An advocate from Europe, where the charged-up wheels are commonplace, had spoken on differing attitudes he observed in the United States.

Now they were tangible for Bonnell.

“In America, there’s this whole, ‘I earned it, I am getting my Strava times and all this by sheer me, and how dare you come in and use an e-bike to get the same time as me that I’ve earned, or how dare you get the same access as me.’

“It’s sort of that mentality that I saw in writing. The contents just made me feel icky.”

Two other interesting things about this article by Seth Boster of the Colorado Springs Gazette.

I. MBers worried about being kicked out of places due to ebikes. We’ve talked about that before here.

Medicine Wheel Trail Advocates President Cory Sutela is like many: happy for e-bikes commuting, not for them traveling the backcountry.

“We believe that unregulated e-bikes on mountain bike trails will lead to a loss of access for mountain bikes,” he says.

Bonnell found access to be the root of some fears in her sociological review. Back in the ’70s and ’80s, when mountain bikes were widely deemed nuisances, riders battled for the freedom they have today.

“The gen 1 riders remember when they weren’t allowed on trails,” Bonnell says. “So they worry about another visitor group coming in and reawakening that urge to ban bikes. That comes from a very real place.”

II. Amidst all the ideological fervor, some real world experience.

But Bonnell, a Jefferson County parks ranger, reports so far so good in the first year of Class 1 e-bikes being allowed on the local trails. No noticeable increase in conflicts. No accounts of e-bikers getting themselves stranded far afield, as opponents suspected would happen.

In 2018, Boulder County Parks and Open Space took cues and launched a similar review. With the rate of cycling incidents high in the foothills, e-bikes were tried on the plains’ wide paths.

“What we found, perhaps counterintuitively, was e-bike speeds are not greater than conventional bikes in most cases,” says program manager Tina Nielsen.

While pointing to a “massive caveat” in the small sample size of 12, she provided data showing average speeds of 13.8 mph for e-bikes, 14.5 mph for conventional bikes. While a conventional rider was clocked at 26 mph, rangers recorded the fastest e-bike at 17 mph.

Boulder County commissioners this month will decide on allowing Class 1 and Class 2 (powered up to 20 mph without pedaling) e-bikes on those plains trails. That will be Nielsen’s recommendation, despite a 57% majority of survey respondents opposed to the move.

The resistance stems from general “bike hate,” Nielsen says. “There’s a lot of anxiety about bikes. It’s not just e-bikes.”

She adds: “It takes a while for things to shake out, and over time, I think people are gonna find that e-bikes, they’re just bikes.”

NFS Litigation Weekly November 1 & 6, 2019

Forest Service summaries:  2019_11_1 and 6_Litigation Weekly_Final

COURT DECISIONS

The district court denied the Rosemont Copper Company’s motion for reconsideration of its decision to enjoin a proposed copper mine on the Coronado National Forest.  (D. Ariz.)

The district court granted a joint stipulation of both parties to dismiss the case for the Pier Fire Roadside Hazard Tree Mitigation Project on the Sequoia National Forest.  (E.D. Cal.)  (This was another case involving the road maintenance CE and salvage logging – see also EPIC v. Carlson.)

The 9th Circuit Court issued an order affirming in part and remanding in part the appeal of the district court’s 2018 order dissolving the permanent injunction against the Miller West Fisher Project on the Kootenai National Forest. The case was remanded to the district court for the limited purpose of reconsidering whether the Miller Project complied with the ESA in the Cabinet Face grizzly bear area as a result of the recent ruling on the Pilgrim Project.)  (9th Cir.)

UPDATES

The district court denied the Forest Service’s motion to dismiss this case involving the Rock Creek Mine on the Kootenai National Forest.  (D. Mont.)

NEW CASES

The plaintiffs request a Declaratory Judgment of their ownership of property adjoining the White River National Forest.  (D. Colo.)  (These are the same parties who filed a suit in the Court of Claims, discussed here.)

The plaintiffs filed a complaint concerning the allowed use of Class 1 e-bikes on non-motorized trails on the Tahoe National Forest.  (E.D. Cal.)  (More in this article.)

NOTICE OF INTENT

The Notice concerns ESA consultation on the Mission Project on the Okanogan-Wenatchee National Forest with regard to salmon, steelhead, bull trout and Canada lynx.  (A lawsuit has already been filed addressing other issues, summarized here.)

 

BLOGGER’S BONUS

The Supreme Court of New Hampshire has affirmed a state commission’s determination to reject this proposal, which would have cut through the White Mountain National Forest.  (There is no indication on the Forest Service website that the agency ever engaged on this.)

The Center for Biological Diversity sued the BLM protect the world’s only population of Tiehm’s buckwheat (Eriogonum tiehmii) from harm related to mineral exploration and a proposed open-pit mine for lithium and boron (fyi – not “rare earth” minerals).  They have also petitioned the U. S. Fish and Wildlife Service to list the species under ESA.  CBD asserts that “the proposed mine’s project area includes the entire area where Tiehm’s buckwheat is known to grow,” and that, “the BLM has designated the wildflower as a special status species, intended to promote its conservation and reduce its chances of being listed as threatened or endangered.”

CBD and other conservation groups notified the U.S. Fish and Wildlife Service of their intent to sue the agency for failing to finalize Endangered Species Act protection for Humboldt martens in northern California and southern Oregon.  They were proposed for protection in October 2018 and should have received final protection by October 2019.

In May 2019, after 12 years of protection, the BLM opened up the desert around Factory Butte to ORVs, and they are being sued for failing to follow any NEPA process.

  • Crazy Mountains

The judge in the Friends of the Crazy Mountains case, discussed here,  refused to dismiss it.  Meanwhile the Custer-Gallatin National Forest has proposed a land exchange to address problems associated with the checkerboard ownership.

Recovery planning for the Gunnison sage-grouse

The U. S. Fish and Wildlife Service has released a draft recovery plan for the Gunnison sage-grouse in Colorado and Utah.  The Center for Biodiversity doesn’t like it, but more to the point, they like less how the BLM is managing Gunnison sage-grouse.  More to the point because recovery plans are not mandatory, while federal land management plans can be – and plan components must be mandatory to be considered “regulatory” enough to carry much weight in ESA listing and delisting decisions.  As the FWS said, “Establishing durable regulatory mechanisms that are binding and enforceable, such as revised land use planning amendments, will be important for recovery.”

CBD:

The recovery plan comes on the heels of BLM decisions not to designate any Areas of Critical Environmental Concern for Gunnison sage-grouse in the Tres Rios and Uncompahgre Resource management plans, and to adopt inadequate safeguards for the birds’ habitat in recent land-use plans. For example, although the draft recovery plan calls on federal land-management agencies to improve their resource management plans and protect suitable habitat within four miles of breeding sites, the BLM’s August 2019 proposed resource plan for its Uncompahgre Field Office protects only habitats within 0.6 miles of breeding sites. The BLM admits this would “fall short of minimum protection standards to maintain sage-grouse viability.”

“Bringing the Gunnison sage-grouse back from the brink requires decisive and concerted action, but instead we have two federal agencies working against each other,” said Michael Saul, a senior attorney at the Center for Biological Diversity. “The Fish and Wildlife Service is urging federal land managers to improve protections for public-land habitat, but the BLM is moving in the opposite direction. This is a recipe for extinction for this beautiful bird. We’ll do everything possible to keep that from happening.”

The timing is also such that BLM plans were released prior to the draft recovery plan.  That means that the BLM should start taking another look at how their plans address this species and take into account the new information and recommended measures.  The same is true for the 10% of sage-grouse habitat that occurs on national forest lands. BLM is not subject to NFMA, so its obligation to maintain species viability to avoid listing under ESA is not as clear as for the Forest Service.  Forest Service plans must “contribute to recovery” of listed species, so failure to address elements of this recovery plan when it is final should raise serious questions.

In addition to specific conservation measures like the four-mile buffers for breeding leks, the draft recovery plan provides some specific desired conditions that could be included in land management plans:

2. Regulatory mechanisms or other conservation plans or programs, such as land-use management plans, reduce and ameliorate threats associated with habitat loss and degradation in all populations, such that:

A. Habitat in Dove Creek is improved and maintained at a quantity calculated to support a HMC of 30, although this criterion is not measured by achieving the target HMC.

B. Habitat in CSCSM is maintained at a quantity calculated to support a HMC of 7, although this criterion is not measured by achieving the target HMC.

C. Habitat is improved and maintained in Gunnison Basin, San Miguel, Piñon Mesa, Crawford, and Monticello at a quantity calculated to support the target HMCs as listed in Table 1.

At a minimum, the land management agencies will need to explain how these plans contribute to meeting their requirements under ESA to manage their programs to promote recovery of listed species, which should include how they are implementing the final recovery plan.

AP FACT CHECK: Trump’s wildfire tweets not grounded in facts

AP FACT CHECK: Trump’s wildfire tweets not grounded in facts

The president in recent tweets blamed California and Democratic Gov. Gavin Newsom for the fires because of state forest management practices and said California’s fires were too expensive and worse than in other states. In fact, the fires were not raging mostly in forests. The bulk of California’s forests are also federally managed, and other parts of the U.S. are burning even more.

Four university professors who study fires and the environment faulted the president’s tweets Sunday to varying degrees.

TRUMP: “Every year, as the fire’s rage & California burns, it is the same thing – and then he (Newsom) comes to the Federal Government for $$$ help. No more. Get your act together Governor. You don’t see close to the level of burn in other states.”

THE FACTS: Not true. There are far fewer acres burned in California than other places, like Alaska.

So far this year, slightly more than 266,000 acres (108,000 hectares) of California have burned in more than 7,700 fires. That’s fewer than in recent years for California, but the fires command attention because they are close to people.

While Alaska has had only 700 fires, it has lost 2.57 million acres (1.04 million hectares) to wildfires this year, more than nine times as much as California, according to statistics from the National Interagency Fire Center.

The Great Basin, Southern and Southwestern regions have all had more than 440,000 acres (180,000 hectares) burned this year, far more than California.

“Fire is increasing everywhere because of climate change, but the impacts on people are more directly observable in California because of its population and wealth,” said LeRoy Westerling, a fire expert at the University of California, Merced.

California did have the most acres burned in 2018, but Montana and Nevada had more acres burned in 2017 and Oklahoma had the most acreage burned in 2016, while Alaska and Washington had more in 2015, according to fire center statistics.

___

TRUMP: “The Governor of California, @GavinNewsom, has done a terrible job of forest management. I told him from the first day we met he must ‘clean’ his forest floors, regardless of what his bosses, the environmentalists, DEMAND of him. Must also do burns and cut fire stoppers.”

THE FACTS: Trump is sidestepping responsibility. Of the 33 million acres (13.3 million hectares) of forest land in California, 57% is owned and managed by the federal government, 40% by private landowners and 3% by the state, according to Newsom’s office, Forest Unlimited and the University of California’s Forest Research and Outreach center.

Many of the fires burning the past week or so are not in forests but shrub, agricultural areas and grasslands, so forest management is not an issue, University of Alberta fire expert Mike Flannigan said in an email.

Westerling showed pictures of the areas before the fire, illustrating mostly grass and shrub. It is not a forest, and clearing debris would be of little use there.

“Are there things California should be doing to reduce the risks?” asked Chris Field, director of the Stanford Wood Institute for the Environment. “Yes. I agree with the president that fuel reduction and fire breaks are important.

“But they are just the beginning. We also need to upgrade homes and businesses to make them more fire resistant, improve defensible spaces around buildings, and limit ignitions, including from downed power lines.”

The recent Tick and Maria fires in Southern California were mainly in chaparral and grassland. In such habitats, Field said, “widespread fuel reduction doesn’t provide a benefit, but defensible spaces and modern building codes can be hugely helpful.”

While California is increasing its spending for reducing fuels for fire by about $200 million for five years, federal officials are crying for money, Westerling said.

The National Forest Service’s California office says it needs $300 million more a year to meet its goal of restoring 500,000 acres (200,000 hectares) per year, up from 200,000 acres annually.

___

TRUMP: “Also, open up the ridiculously closed water lanes coming down from the North. Don’t pour it out into the Pacific Ocean. Should be done immediately. California desperately needs water, and you can have it now!”

THE FACTS: Trump’s point is irrelevant to battling wildfires.

“Fire suppression is not limited in any way by the availability of water,” Westerling said. “How does President Trump propose that these waters be used to reduce fire risk? Is he proposing to build a statewide sprinkler system with federal money?”

Forest planning for “sustainable” recreation

A former Forest Service backcountry specialist talks about ecological integrity and increasing human recreation activities, and tries to answer the question of “what is sustainable recreation?”  The 2012 Planning Rule requires plan components “to provide for: (i) Sustainable recreation; including recreation settings, opportunities, and access; and scenic character.”

What is “Sustainable Recreation”? The Forest Service defines it as “the set of recreation settings and opportunities in the National Forest System that is ecologically, economically, and socially sustainable for present and future generations.”

Here’s how it’s done:

The Recreation Opportunity Spectrum can be used in forest planning to define a desired condition for management within each zone. Indicators and standards are meant to define the tipping point beyond which management action must be taken.
 If the standard for a backcountry area (called “semi-primitive non-motorized” in ROS jargon) is that no more than six other parties are encountered on a typical day, when the encounter rate exceeds that number some action is supposed to take place to return to the desired condition.
It’s a neat framework, but doesn’t always play out as intended on the ground. ROS doesn’t differentiate between a semi-primitive area in the back yard of a town like Jackson or Bozeman and one that’s two hours away.
That seems like a major shortcoming, especially if all areas with a SPNM designation must have the same desired level of semi-primitive non-motorized use.  However, the Planning Handbook encourages “new approaches,” including creating “desired recreation opportunity spectrum subclasses” §(23.23a).
The usual sequence of remedial actions begins with non-intrusive measures like visitor education. If the problem isn’t solved, additional actions are considered.
The Bridger-Teton forest plan is typical in its prescribed sequence of actions, this excerpt taken from its direction on wilderness. The following recreational strategies should be used, listed in descending order of preference:
First Action – Efforts are directed towards information and education programs and correction of visible resource damage.
Second Action – If the first action is unsuccessful, restrict activities by regulation (for example, set a minimum distance between a lakeshore and where people can camp).
Third Action – If the first and second actions fail, restrict numbers of visitors.
Fourth Action – If first, second, and third actions are not successful, a zone can be closed to all recreation use until the area is rehabilitated and restored to natural conditions.
In my experience, outside of designated wilderness and other special areas where specific laws apply, the Forest Service keeps circling around the first action, which isn’t a bad strategy given the continuing need for it in communities where resident turnover is high.  It’s an ongoing need regardless of the often unmet requirement to step up restrictions. But restrictions trigger blowback, as when the Shasta-Trinity National Forest tried to set encounter limits for the wilderness that includes Mt. Shasta.
People basically said they don’t care if it’s crowded—they just want to reach the summit, and a judge agreed with them. On the other hand, those who float the Selway River are happy to wait until they get a launch day shared by no one else. Since everyone is going the same direction at about the same speed, everyone can experience a bit of peace and quiet. So the application of sustainable recreation standards depends on who is using the forest and what they will accept.
And those are the questions that forest planning should be designed to answer.  (Note:  the Bridger-Teton plan has not been revised, so may not be the current state-of-the-art.  Also, I couldn’t find the court case referred to.)  And this must be done against the backdrop of a requirement for ecological integrity.
User-built trails and roads are often the opposite of sustainable. They develop incrementally and aren’t designed with soil type, grades and curve radii in mind, or the needs of resident wildlife. The trail system after adoption by the Forest Service usually gets reworked so it doesn’t turn into deep ruts or wash into the creek, but where is the analysis that determines that the trail location is right in the first place?  The trail itself becomes more sustainable, but where do the grouse and elk and owls go?
The adoption of forest plan of components for desired recreational use has effects that must be evaluated during the NEPA process, but rarely does the Forest Service devote much attention to this.
The author describes a common fallacious argument that the Forest Service likes to make about sustainability to avoid controversy:
While the planning rule makes clear that ecological integrity underlies compatible uses in a national forest, the ecological, economical, and social sustainability have since been referred to as a three-legged stool, with all three legs of equal importance.
But if you parse the actual language of the Planning Rule, it is apparent that the ecological leg needs to support more weight (driven by the substantive diversity requirement of NFMA) (my emphasis).
“Plans will guide management of NFS lands so that they ARE ecologically sustainable and CONTRIBUTE TO social and economic sustainability; CONSIST OF ecosystems and watersheds with ecological integrity and diverse plant and animal communities; and HAVE THE CAPACITY TO PROVIDE people and communities with ecosystem services and multiple uses that provide a range of social, economic, and ecological benefits for the present and into the future.