Senator Tester’s 100% untrue statement about USFS Forest Plan Revision process: “Everything Stops.”

Last night on Montana Public Radio and Yellowstone Public Radio there was a story about Senator Tester’s and Senator Daines’ effort to overturn a U.S. Federal District Court ruling (which was affirmed by the Ninth Circuit Court of Appeals and the U.S. Supreme Court also refused to rehear the case) that they don’t like.

Here’s more information about Cottonwood Environmental Law Center v. United States Forest Service.

The Tester/Daines public lands logging bill (S.605) has been called “just another cynical attack to weaken a key provision of the Endangered Species Act” by the Center for Biological Diversity.

On statewide Montana Public Radio Senator Tester said this:

“But Tester says a new forest management plan can take decades to write. So in the meantime:

Everything stops. All the recreational opportunities stop, the tree cuts stop, trail maintenance stops while they redo this forest plan.’”

The public must know that this statement from Senator Tester is 100% not true and doesn’t even contain an ounce of truth.

The truth is that all National Forests in Montana, and across America, are required by the National Forest Management Act to go through a Forest Plan Revision process every 15 years. At NO POINT during that Forest Plan Revision process does “Everything stop.”

At NO point during the Forest Plan Revision process does “All the recreational opportunities stop, the tree cuts stop, trail maintenance stops while they redo this forest plan,” as Senator Tester told Montana citizens.

I appreciate the fact that the reporter talked to someone at the Lewis and Clark National Forest who said revising a forest plan doesn’t stop work. But revising a forest management plan also doesn’t “hamper” it either, as the Forest Service employee apparently claimed.

This isn’t the first time Senator Tester has taken to Montana Public Radio and Yellowstone Public Radio and demonstrated a complete lack of understanding of National Forest Management.

In February 2015 Senator Tester said on Montana Public Radio: “Unfortunately, every logging sale in Montana right now is under litigation. Every one of them.”

That statement was so entirely not true that the Washington Post’s official Fact-Checker (Glenn Kessler) investigated the statement and gave Senator Tester “4 Pinocchios” for telling “a whopper.”

This time, Senator Jon Tester has just told Montana citizens on statewide radio a huge lie about a very basic public lands management process.

Perhaps it was just a mistake, but regardless, Senator Tester’s statement is 100%, entirely not true and his office should immediately issue a correction so that Montana citizens don’t go around thinking that every time the U.S. Forest Service goes through a forest plan revision process that “Everything stops. All the recreational opportunities stop, the tree cuts stop, trail maintenance stops while they redo this forest plan.”

R.I.P. Saw Brigade

In another old case …

The Supreme Court has left in place a lower court ruling that prevents New Mexico from greenlighting tree clearing on federal land in the state in the name of fire prevention.

The Supreme Court declined Monday to hear a dispute between New Mexico and the federal government.

The issue dates back to 2001 when New Mexico passed a law saying the U.S. Forest Service had failed to reduce the threat of forest fires by not clearing undergrowth and removing trees on Forest Service land. The law then gave counties in the state permission to do the work.

When Otero County moved to cut trees on land in the Lincoln National Forest without federal approval in 2011, the United States government sued. Lower courts sided with the federal government.

https://www.abqjournal.com/1072087/supreme-court-declines-to-hear-nm-tree-clearing-dispute.html

Forester (and former Forest Service spokesperson) Frank Carroll says Environmentalists are “arsonists” and “bomb-throwers;” Mike Garrity is a “henchman;” and there’s a whole “enviro-terrorist industry.”

You can read the entire opinion piece from Frank Carroll, co-owner of “Professional” Forest Management out of South Dakota right here.

I find it shocking that the Rapid City Journal would published such a piece. Also, somewhat shocking is the fact that Frank Carroll was the official public affairs officer for the Black Hills National Forest and worked for the U.S. Forest Service for 31 years.

Here’s a snip featuring Frank Carroll’s own words:

“Most of the wood we will use to rebuild after the hurricanes will come from outside of the United States. Why? Because the Alliance Wild Rockies’ Gary MacFarlane and henchman Michael Garrity think the Earth will somehow plummet into the abyss if a few loggers cut a few trees to feed a few sawmills so people can use the dead wood before it rots. And they’re not alone. A whole enviro-terrorist industry is backing them, bringing reasonable use of dead timber to a complete halt in the most devastated areas.

Native Ecosystems Council’s Sara Jane Johnson; Friends of the Swan’s Arlene Montgomery; Swan View Coalition’s Keith Hammer; Wild Earth Guardians’ John Horning; Rocky Mountain Wild’s Tehri Parker; Defenders of Wildlife’s Jamie Rappaport Clark and a host of other bomb-throwers have joined these suits. If you know these people, call them. If not, call anyway. Tell them to just stop it.”

Experts: More logging and thinning to battle wildfires might just burn taxpayer dollars

On Sunday, the Missoulian published on their homepage and Facebook page – and then about 4 hours later, deleted – this in-depth story about public lands logging, fuel reduction and wildfires.

The editor claims it was a ‘mistake’ that it was published and that the article isn’t finished and needs editing. The complete version of the article the Missoulian published on Sunday is cached here.

The editor has told interested and curious members of the community that the article may re-run this coming weekend, or next weekend, or eventually. – mk

In the wake of one of the worst fire seasons in Montana history, Montana lawmakers in Washington, D.C., and many others have called for more logging and thinning in forests as a way to “fireproof” the state and create more jobs at timber mills.

But several wildfire experts say the simplistic notion that fuel reduction will somehow stop wildfires or reduce their severity is deeply flawed. And at worst, it could waste taxpayer dollars.

That’s because, according to years of research, fire managers would need a crystal ball that tells them when and where to thin forests, and even then drought and heat are still going to drive fires. One fire expert likens it to playing the lottery, because the odds of a fire starting in an area that’s been managed are so low.

Logging and thinning every one of the hundreds of millions of acres of the vast Western forests every 10 years or so would be the only way to rig that lottery, and that would be nearly impossible, expensive for taxpayers and quite likely a natural disaster.

“We can’t let politicians make promises for us that we can’t deliver on,” said Andrew Larson, an associate professor of forest ecology at the University of Montana.

***

Despite significant increases in areas burned since 1970 due to rising temperatures, wildfires only burn about 1 percent of Western U.S. forests even in the worst years. As the climate gets warmer and drier they will continue to burn not only near communities, but also in remote, high-elevation, inaccessible terrain.

A recent study conducted by researchers at the University of Montana found that only about 7 percent of fuel-reduction treatment areas in the entire United States were subsequently hit by wildfires since 1999. This past summer, fires burned more than 1 million acres of Montana’s 94 million acres of land, but they were scattered around the state in both low-elevation wildland-urban interfaces and deep in the high-elevation backcountry.

That means there are very few opportunities for fires to actually burn in places that have been thinned or even could have been thinned in the last 10 years before they regrow.

So why not just thin more and increase the chances of hitting that lottery? It could work if it’s done strategically in the wildland-urban interface, according to many experts. But the fires like the 160,000-acre Rice Ridge fire near Seeley Lake that choked western Montana with smoke this summer burned large amounts of areas in wilderness areas.

If someone had the magical ability to predict, within the past decade, that a major fire was going to strike that particular portion of the 240,000-acre Scapegoat Wilderness, then thinning and logging theoretically could have helped. But it doesn’t work that way, and fires are sparked in random places by lightning and humans, and they are pushed by erratic winds and weather.

***

According to Tania Schoennagel, a forest landscape ecologist and fire researcher at the University of Colorado, a warming climate in the western United States means that fires are here to stay and fire managers would be better served using taxpayer dollars if they focused their efforts on fuel treatments around homes and infrastructure.

“Thinning can help protect the things we value where people live in the wildland-urban interface, but it will not make wildfires and large-acreage burns go away,” she said. “Thinning, no matter how much we increase the rate of it, will not be able to outpace the influence of warming on wildfire area burned.”

Schoennagel, who specializes in the implications of forest management policy, said the argument that more logging and thinning would reduce or prevent catastrophic wildfires is “hard to break apart” because it seems so sound without looking deep into the scientific research that’s been done on the subject.

“Did they know last year that those areas were going to burn this year?” she asked of the fires that burned in Montana this year. “It’s always easy, especially ex post facto, looking back to say, ‘Darn it, if only we had thinned or logged, we would be psyched.’ But it’s little bit of a crapshoot probability game whether the treatment you put in is going to encounter wildfire in the 10 to 15 years it remains effective in reducing fire severity. Simply because forests in the West are so vast, the chance of burning in a place we’ve pre-treated is so low. It’s not a very effective lever. We don’t know where fires are going to happen.”

On May 17, Schoennagel testified in front of the U.S. House of Representatives’ Subcommittee on Federal Lands hearing that was titled “Seeking Better Management of America’s Overgrown, Fire-Prone National Forests.”

She said that most forests in the West are not overgrown due to past suppression, and forest management tools like thinning and prescribed burns can’t outpace the rise in wildfires.

“However, if strategically placed, such management can reduce fire severity, help firefighters protect communities and hopefully reduce the cost and risk of suppression,” she said.

Schoennagel and a team of other fire and forest experts recently published a research paper called “Adapt to more wildfire in western North American forests as climate changes.”

In it, they argue that the current approaches to fighting and attempting to prevent wildfires through suppression and fuels management are inadequate.

The team contends that fuels reduction “cannot alter regional wildfire trends” and that new approaches are needed. Those include targeting fuels reduction to increase adaptation by some ecosystems and residential communities to more frequent fire, actively managing more wild and prescribed fires with a range of severity, and giving incentives and planning for residential development to withstand inevitable fire.

Schoennagel told the subcommittee that a wide range of scientific studies has found that since the 1970s, temperatures have risen by an average of 2 degrees Fahrenheit, snowpack is melting one to four weeks earlier than historically normal, and fire seasons are almost three months longer. In the 1970s, there were 20 large fires per year and now there are more than 100 large fires every year.

“Further warming is expected, 2-4 degrees Fahrenheit in the next few decades, which will spark ever more wildfires, perhaps beyond the ability of many Western communities to cope,” she testified.

“The area burned is tightly correlated with warming in the West, no matter how much thinning we do,” she told the Missoulian. “Thinning can reduce fire severity if that thinned area burns, and help us fight some fires, but it’s not going to stop the increase in area burned in the West. Fires simply burn when it’s hot and dry, and it’s getting hotter and drier on average.”

***

Back in September, Interior Secretary Ryan Zinke directed all land managers at all levels under the Department’s supervision to “adopt more aggressive practices, using the full authority of the Department, to prevent and combat the spread of catastrophic wildfires through robust fuels reduction and pre-suppression techniques.”

Sen. Steve Daines and Rep. Greg Gianforte, both Montana Republicans, have called for more forest management in recent months. Both have also assailed what they call “environmental extremists” that they say stall logging projects with lawsuits.

“Here’s one of the problems we have in Montana,” Daines said during a recent teleconference in which he took calls while on a video screen broadcast on a Facebook live feed. “We have radical environmentalists who are blocking projects to remove dead trees even in some cases, lodgepoles that died from insect infestation. We have radical environmentalists that do not represent the vast majority of Montanans who believe in a common sense balanced, approach. They stop these projects.”

Larson, the fire ecologist at UM, doesn’t want to take sides, but he is pushing back on the notion that “environmental extremists” are the bogeymen causing wildfires.

“I don’t think there is a scientific basis to blame environmentalists who have litigated and held up individual projects,” he said. “We can’t prevent fires. It’s not an attainable goal. Environmentalists are acting entirely within the law. They’re not doing anything illegal or unethical, and they’re using the same mechanisms available to all the rest of us to participate in public land management.

“So where does responsibility lie there? If we take away the ability for those environmental groups to participate, we also would be removing our own ability as private citizens, as engaged participants in public land management. It cuts both ways.”

Larson said he realizes that smoky air is a terrible burden for people in the summer, but he also agrees that aggressive thinning and logging wouldn’t help.

“The smoke issue in a year like this is intractable, but we’re not going to stop it,” he said. “Imagine a scenario where we had aggressively restored forests all over western Montana so that those forests were resilient to fire. In a year like this, once a fire is ignited, the spread is so rapid it’s going to burn into mountain forests where there is no ecological or economic rationale to have ever done logging in those forests. Even if you had treated those, we would still be breathing smoke. The scale of area so greatly exceeds what we could ever treat, so we’re still going to have those smoke problems.”

Larson said he understands that people are looking for a scapegoat.

“It’s a difficult thing to hear,” he said of the scientific conclusion that preventing wildfires is impossible. “The natural tendency is to blame somebody. But fire is overwhelmingly driven by summer drought. About 80 percent of the year-to-year variation of fire frequency and size is explained just by summer climate. There is also an overwhelming amount of evidence that humans are causing these global climate impacts.”

Daines, on a tour of the Lolo Peak fire earlier this summer, said the “climate has always been changing.”

“Go back to 1910,” he said. “We had the Big Burn, 3 million acres. In 1930s we had the Dust Bowl. My ancestors living up on the Hi-Line had to leave our state to go to Canada. The climate has always been changing. We go through warmer cycles, cooler cycles, droughts, etc., extra precipitation. We are in a warm cycle right now. We are in drought conditions here in Montana and consequently we’re having a severe fire season.”

Larson agreed that 1910 was an “epic” drought year.

“It’s absolutely true that there is variability in the climate and drought is worse in certain years,” he said. “That doesn’t somehow negate the fact that humans are causing the climate to warm.”

Larson also said that fires are an essential part of the ecosystem. For example, although most people associate wildfires with a short-term loss in the water quality of nearby streams because loose soil erodes into the waterway, it provides long-term benefits.

“Over the long term you can only have healthy stream habitat with periodic delivery of large wood and sediment into aquatic network,” he said. “There are short-term negative consequences to waterways after a fire, with turbidity and fine sediments, but it’s better over the bigger, longer-term picture.”

Larson also said that many species, such as the black-backed woodpecker, have evolved to live in burned areas. He also said fires play an important role in cycling organic matter into forests.

***

Schoennagel is trying to convince more people that dry, low-elevation forests are where thinning is both most ecologically appropriate and where fires tend to burn more frequently. She said that’s where fire managers should focus their efforts, especially around the wildland-urban interface near communities. Research has shown that humans start the majority of wildfires, so thinning there is also probably more likely to encounter fire than in the backcountry.

High-elevation forests tend to burn very infrequently because they are cooler and wetter on average, she added, so the chance of a thinned area to burn there is much lower and these forests burn at high severity naturally, so there is no ecological need to reduce severity there.

“Combined, strategically thinning dry low-elevation forests and near the wildland-urban interface is a win-win,” she said. “It reduces fire severity where it’s needed ecologically, and helps protect people and homes. But importantly, such treatments would have a better chance of encountering a fire.”

***

Kevin Barnett, a research associate in the Department of Economics at the University of Montana, collaborated with a team of researchers to quantify the frequency and extent of fire and fuel treatment interactions on federal lands across the U.S.

“The Hazardous Fuels Reduction Program received a lot of financial investment and resources over the past 15 years,” he explained. “We treat quite a lot of landscapes each year. And less than 10 percent of that had even burned by a subsequent fire. So that raises more broad general questions over the efficacy of fuel treatments to change regional fire patterns.”

Since 2006 when the Forest Service allocated about $290 million per year for the hazardous fuels reduction, there has been a steady rise in the discretionary funding allocated to that program. Barnett said in fiscal year 2017 the Forest Service spent roughly $375 million on the program.

“It boils down to: Not a whole lot of the treated area we’ve put in has been impacted by fire,” he said. “It raises questions about the cost-effectiveness of fuel treatments.”

Fuel reduction treatments: Are we treating enough?

This paper, in the July 2017 edition of the Journal of Forestry, may help us in our discussions of fuel-treatment effectiveness.

An Evaluation of the Forest Service Hazardous Fuels Treatment Program—Are We Treating Enough to Promote Resiliency or Reduce Hazard?

The USFS offers this intro:

In the wrong place at the wrong time, wildfires cause damage to ecosystems and threaten homes, communities, and cultural resources. To manage the impact of future wildfire and help restore its natural role in forest ecosystems, land managers often use fuel treatments such as thinning, mowing, and prescribed burning. How well do these treatments work? Ecologist Nicole Vaillant studies fire behavior and fuel treatments, including how effective they are over time. Her work is important in helping land managers assess wildfire risk and compare different fuel treatment strategies. She recently led a study that addresses the question: Are we treating enough of the landscape to compensate for decades of fire suppression?

Vaillant and her coauthor, Elizabeth Reinhardt, evaluated the extent of fuel treatments and wildfire on all lands administered by the Forest Service from 2008 to 2012. They compared these areas with historical wildfire rates and severities; they found that each year only about 45 percent of the area that would have burned historically experienced either characteristic wildfire or fuel treatment. This indicates a “disturbance deficit.” The good news is that 73 percent of the acres burned by wildfire during this period experienced characteristic fire (wildfire at an appropriate severity level for that ecosystem). However, Vaillant’s study also found that the forest type in the highest wildfire hazard class had the lowest percentage of area treated and also the highest proportion of uncharacteristically high-severity wildfire. This suggests that locating more treatments in areas with the highest hazard could improve program effectiveness. This is the first study to intersect the actual footprint of fuel treatments and wildfire with mean fire-return interval and wildfire hazard on a national scale.

R.I.P. Shovel Brigade?

The Jarbridge Road in Nevada is back under the control of the Forest Service.

A federal judge in Reno ruled against rural Elko County this week — again — and closed the 18-year-old case stemming from a sometimes volatile feud over the road in remote wilderness near the Idaho line.

It began in 1999 when the Clinton administration filed suit against then-Nevada Assemblyman John Carpenter, one of the leaders of a “Shovel Brigade.” They had vowed to rebuild a washed out road near threatened fish habitat along the Jarbidge River in defiance of the government. Carpenter and one of his lawyers, Grant Gerber, have since died.

The county claimed it owned the road under a Civil War-era law that granted state and local governments’ rights of way to existing roads in places where national forests and parks later were established.

The so-called “R.S. 2477 roads” — named after the statute number — became a lightning rod for property rights advocates and anti-federal forces in the 1990s, with similar court battles in Utah, Idaho, Colorado, Oregon and New Mexico.

Like other cases, the federal government denied Elko County’s claim it owned the road before the Humboldt National Forest was established in 1909.

But the Nevada case is unique because, despite the government’s position, the Forest Service signed an agreement with the county in 2001 that said it wouldn’t challenge the county’s alleged right of way.

It looks like the court held that 1) the county did not prove that it owned the road prior to the establishment of the national forest, and 2) the Forest Service could not violate the law by giving away federal land rights though a settlement agreement.  (Of course the county could again appeal this ruling to the 9th Circuit.)

What is Beyond the “Fog of War”?

There are scary and uncertain times ahead for our forests. There is just too much “Fog of War” going on for the public to sort out and fact-check for themselves. Even the ‘fact-checkers’ should be suspect, until proven reliable and bias-free. The rise of ‘fake news’ has blurred multiple lines, and many people, even in mass media, fall for the hoaxes, satire or misinformation. (Example: An article appeared on the Grist website, showing concern about a recall of “Dog Condoms”, presenting the link to www.dogcondoms.com )

Struggling Oregon county spent $490,000 in federal safety net money on pro-timber video, animal trapping

Douglas County, in southwestern Oregon, is so broke it had to close all its public libraries earlier this year.

However, according to an investigation in the Oregonian, Douglas County Commissioners “have awarded Communities for Healthy Forests a total of $490,000 in federal money over the last two years, $250,000 of it to make videos. Only one has been released.”

After originally reading the story, I went to Guidestar and looked up the most recent 990 tax report for Communities for Healthy Forests. Turns out, according to their 2015 990 report to the IRS, Communities for Healthy Forests paid their executive director, Javier Goirigolzarri, $77,258 in 2015 for a 30 hour work week. That comes to almost $50 an hour.

Below is the opening few paragraphs of the Oregonian story. Click here to read the entire thing.

The six-minute video opens to ominous music and burning trees. After the flames are out, a narrator says, forests suffer from devastating neglect, turning into a “vast sea of dead, charred trees” that aren’t reforested because of a maze of confusing, contradictory environmental regulations.

The music brightens as the answer appears: Salvage logging. The video concludes by urging viewers to call their elected officials “and tell them these federal lands… are too valuable to simply walk away.”

The clip credits a tiny nonprofit called Communities for Healthy Forests and went online in early September, a day before Oregon Republican Rep. Greg Walden introduced a bill to harvest trees burned this summer in the Columbia River Gorge. Timber companies support the plan.

It’s become routine for cryptically named interest groups to push changes in federal policy that industry wants. The surprising twist this time: Federal money paid for it.

Douglas County, a local government so broke it closed all its public libraries earlier this year, funded Communities for Healthy Forests to create the video. And it did so with federal safety net money meant to ease rural Oregon’s dependence on timber revenue.

Commissioners have awarded Communities for Healthy Forests a total of $490,000 in federal money over the last two years, $250,000 of it to make videos. Only one has been released.

The Douglas County commission’s spending raises questions about a federal program called Secure Rural Schools, which has suffered from a lack of oversight since it was co-authored in 2000 by Sen. Ron Wyden, an Oregon Democrat.

Fall Break – Plus Still Looking For Ideas

near Silverton CO last week

I’m off for a few weeks and will return October 17. Until then, if something comes up that needs urgent attention, please email me at terraveritas at gmail.com. Also I’m still looking for a few things for projects I’m working on…

(1) Ideas about improving Forest Service recreation .. any ideas no matter what size or scale .. or examples of great successes.
(2) I’m also doing a paper on “how the FS can work better with states”. I have a number of ideas based on my Region 2 experiences with Colorado, Wyoming and South Dakota. Whatever ideas and thoughts you have would be appreciated- especially if you work for a state.

Enjoy your fall and see you soon!

New lawsuit – winter motorized recreation in Idaho

A sneak preview of the September litigation monthly:

A lawsuit filed by the Winter Wildlands Alliance and WildEarth Guardians contends that the Bridger-Teton, Boise and Payette national forests improperly used a “grandfather provision” to avoid preparing a new winter travel plan.

The U.S. Forest Service historically allowed its forests to forgo winter travel plans, but in 2015 changed direction and required them to delineate where snowmobiles can and cannot go. A provision allows forests to skip the planning process if winter routes were designated through a public process, and they haven’t been changed since.

Groups suing contend the Bridger-Teton, Boise and Payette ignored the requirement to plan.

Apparently because they have “been changed since.”