FS Loses Another Fee Case

Below’s the press release, the links in it are active if you click here.

My two cents is that good environmental policy would encourage people at popular sites to use bathrooms, not to “despoil” the “wilderness” by strewing bacteria and nitrates hither and yon and claiming that they therefore should not be charged. But that’s up to Congress to develop a good policy, not (dare I say) the courts. IMHO.

PARKING FEES IN NATIONAL FORESTS STRUCK DOWN – AGAIN

In a ruling issued April 28, 2014, Senior U.S. District Judge Terry J. Hatter Jr. found that the United States Forest Service cannot charge fees to visitors who park their vehicles and head off down the trail without using any developed facilities, such as picnic tables and bathrooms, that may be adjacent to the parking area.

“This ruling is a victory for the American public, be they hikers, equestrians, hunters or fishermen. The nationwide fee law has clearly prohibited fees solely for parking since 2004, and the U.S. Forest Service should now cease charging these fees immediately, across southern California and beyond,” said Alasdair Coyne, Conservation Director of Keep Sespe Wild and one of the four plaintiffs in the case.

The Forest Service has been levying such fees, and ticketing parked cars, at trailheads and roadside pullouts since 1996 under a program called the Adventure Pass which encompasses all four National Forests in southern California: the Angeles, Cleveland, Los Padres, and San Bernardino. The Adventure Pass began as an experiment called Fee Demo, which allowed recreation fees to be charged without restriction for any activity. Many Fee Demo fees were extremely unpopular, particularly the requirement to buy a pass merely to park and go for a hike in the woods. In response to rising complaints, Congress repealed Fee Demo in 2004 and replaced it with the Federal Lands Recreation Enhancement Act (FLREA).

The FLREA allows fees for use of amenities and services at developed sites, but prohibits them solely for parking or for passing through National Forests without using any facilities. This case, Fragosa et al v. US Forest Service, hinged on whether the Forest Service can require an Adventure Pass anywhere amenities are present, even if a visitor does not use them and only parks there while traveling through undeveloped areas.

In his ruling, Judge Hatter said decisively that they can not.

In an earlier case, Adams v. U.S. Forest Service, the 9th Circuit Court of Appeals ruled in 2012 that the Forest Service was similarly in violation of the FLREA when it charged visitors to Mt Lemmon, near Tucson, a fee to park anywhere along a 28-mile roadway that provides access to numerous backcountry trails. The Adams ruling is binding in the nine western states that comprise the 9th Circuit, including California, but the Forest Service there continued to require an Adventure Pass for parking, and to ticket unoccupied cars at trailheads.

In the current case, four southern California hikers sued in October 2012 to require the Forest Service to follow the Adams ruling and to cease charging for parking throughout the Adventure Pass area. The Adventure Pass is the Forest Service’s largest fee program, selling more than 300,000 passes per year. After almost two decades it remains broadly unpopular, with more than 40,000 warnings and tickets for non-payment issued annually.

RULING IN FRAGOSA et al vs US FOREST SERVICE
Judge Hatter’s ruling is posted HERE. All of the legal filings, as well as media stories about the lawsuit, are posted HERE.

The Discovery of the Ponderosa Pines and their Current Taxonomy

There may only be a few of us interested in skimming the verbiage but Figure 1 on the report page 2 (.pdf page 6) is a wonderful picture of the complexity and adaptability of a single forest species and therefore a good example of why one size does not fit all. To me it also shows the inherent processes already at work to naturally deal with climate change through the process of evolution driven by survival of the fittest. See also Figure 2 on page 18 (.pdf page 22). The detailed discussion of the five currently accepted subspecies begins on page 25 (.pdf page 29).

The first published allusion to Pinus ponderosa is in the journal of Lewis and Clark, who, in ascending the Missouri River in September, 1804, at the outset of their transcontinental journey, found the cones of this tree,brought down from the pineries of northwestern Nebraska, floating onWhite River, and heard of the pine forest on the Black Hills of Dakota.” The taxonomic history of Ponderosa Pine begins on page 1 (.pdf page 5).

I look forward to hearing from others as to any ramifications of these subspecies on silvicultural practices in regard to minimizing the impact of fire and insect damages and other policy related issues. I’m pretty sure that we have at least 2 regular blog posters who can shed more light on this very important keystone species in certain forest ecosystems.

New Report: Regional effectiveness of wildfire mitigation treatments in the US

The Joint Fire Sciences has just released the final report on its study “Fuel Treatment Effectiveness in the United States,” and it confirms what many of us have been stating on this blog: in most forested areas of North America, the effects and extent of wildfire can be significantly reduced with a combination of stand thinnings and prescribed fire. Other benefits, of course, include fuels and construction materials for people, stable and productive environments for wildlife, and aesthetically pleasing locations for recreation and employment.
The “Key Points” of the report are listed below. Here is a link to the complete report: https://www.firescience.gov/projects/06-3-3-11/project/06-3-3-11_final_report.pdf
Here is a link to the article, published in the International Journal of Wildland Firehttps://www.firescience.gov/projects/06-3-3-11/project/06-3-3-11_06-3-3-11_cochrane_etal_IJWF_2012.pdf
K E Y   P O I N T S

Fuel treatments can be effective for reducing both local severity and fire extent. However, the effectiveness varies by ecoprovince, treatment type, and treatment age.
NORTHERN ROCKIES –  prescribed fires as a stand-alone treatment do not mimic wildfire and is ineffective for dependable fire severity reduction and may offset the effects of thinning for the 6-10 year interval if the treatments are combined.  Stand-alone thinning treatments were the most reliably effective and effectiveness lasted longer (>10 years) than wildfire (> 5 years).

SOUTHERN ROCKIES– prescribed burning with or without thinning reduces fire severity for > 10 years after treatment. Prescribed burns were more reliable and longer lasting in their effectiveness when applied as stand-alone treatments without previous thinning. Thinning alone is ineffective for reducing fire severity and should be discouraged as a fuel treatment.

PACIFIC NORTHWEST – wildfires only reduce subsequent fire severity for <10 years after the initial fire. Prescribed fire was ineffective unless combined with thinning treatments. Thinning as a stand-alone treatment was the most consistent treatment for reducing fire severity with treatment effectiveness lasting longer than 10 years after implementation.

NORTHERN CALIFORNIA – prescribed burning provides similar reductions in fire severity as wildfire; neither shows significant value beyond 10 years. Thinning reduces fire severity for more than 10 years but only after >5 years since implementation. The combination of thinning and burning may capture the short- and long-term effects, but this requires further study. Mastication/site prep is ineffective and possibly detrimental for reducing fire severity in the short term (2-5 years).

SOUTHERN CALIFORNIA – previous wildfires reduce subsequent fire severity for < 10 years while prescribed burning is most reliably effective at > 10 years after implementation and highly variable in effectiveness for the first 10 years. Both thinning and mastication are apparently effective for at least 5 years, with thinning having somewhat greater effects, but more study is needed to verify this finding.

SOUTHEAST – previous wildfires have little impact on fire severity of subsequent wildfires. In contrast, prescribed burning, although somewhat variable in its impacts, is the most effective treatment for reducing subsequent fire severity, with greater and more reliable effectiveness >5 years after implementation.Mastication/site prep is ineffective for fire severity reduction after the first 5 years, with enhanced fire severity apparent 10 years after treatment.

INTERIOR BROADLEAF ecoprovince –  prescribed burning is uniquely reliable and effective at reducing fire severity for at least 10 years after implementation. All other fuels treatments appear to be ineffective or detrimental to reducing wildfire severity. The combination of thinning and burning has particularly lethal results. However, more study of fuel treatment effectiveness in needed in these systems.

SEMI-DESERT ecoprovince – prescribed burning appears ineffective until >10 years, but may have greater effectiveness than wildfire after that point. However, few fuel treatments were available for study in this province.

GREAT LAKES ecoprovinces – prescribed fire may be effective, but more study is needed to confirm this finding.

Six et al paper on MPB Treatments, with Responses

Three related documents for study and discussion: A paper from the journal Forests, a response to the paper also published in Forests, and a white paper by a group of USFS Forest Health Protection folks.

Management for Mountain Pine Beetle Outbreak Suppression: Does Relevant Science Support Current Policy?” by Diana L. Six, Eric Biber, and Elisabeth Long, Forests 2014, 5, 103-133.

Abstract: While the use of timber harvests is generally accepted as an effective approach
to controlling bark beetles during outbreaks, in reality there has been a dearth of monitoring
to assess outcomes, and failures are often not reported. Additionally, few studies have
focused on how these treatments affect forest structure and function over the long term, or
our forests’ ability to adapt to climate change. Despite this, there is a widespread belief in
the policy arena that timber harvesting is an effective and necessary tool to address beetle
infestations. That belief has led to numerous proposals for, and enactment of, significant
changes in federal environmental laws to encourage more timber harvests for beetle
control. In this review, we use mountain pine beetle as an exemplar to critically evaluate
the state of science behind the use of timber harvest treatments for bark beetle suppression
during outbreaks. It is our hope that this review will stimulate research to fill important
gaps and to help guide the development of policy and management firmly based in science,
and thus, more likely to aid in forest conservation, reduce financial waste, and bolster
public trust in public agency decision-making and practice.

A Comment on Six et al by Christopher J. Fettig, Kenneth E. Gibson, A. Steven Munson, and Jose F. Negrón, Forests 2014, 5, 822-826.

Effectiveness of Direct and Indirect Mountain Pine Beetle Control Treatments as Implemented by the USDA Forest Service,” a White Paper in response to Six et al by 28 technical editors and contributors, all with USFS Forest Health Protection.

Forest Service Downward Trend Continues: 2013 Best Places to Work Rankings

2013_govt-wide

This is always a popular post. Here’s the link. Indeed, there are many things worth exploring. I was surprised that in 2011 there was such an exodus of employees about 4.5k of 30.5 K or about 15%. What’s odd about that is that I was still working then and don’t remember hearing about it.

Does anyone know of any public or FOIAble reports attempts to understand more about this.. If you asked Public Affairs, “does this seem like a problem?” and “what actions have been taken?”, I wonder what the answer would be?

Rim fire salvage logging wins support?

Modesto Bee article today: Rim fire salvage logging wins support.

“Several environmental groups pledged Tuesday to support the salvage logging proposed for parts of the Rim fire area.

“They joined timber industry and other leaders in Tuolumne County in a letter urging the U.S. Forest Service to approve the logging, which is proposed for about a tenth of the 257,314-acre fire zone.

“The letter was from a coalition called Yosemite Stanislaus Solutions, which was working on forest issues even before last year’s fire charred parts of the Stanislaus National Forest, Yosemite National Park and private land.”

Read more here: http://www.modbee.com/2014/04/22/3304927/rim-fire-salvage-logging-wins.html#storylink=cpy

Nothing about this on Yosemite Stanislaus Solutions, which is a CFLRP group.

“Among the signers are the Tuolumne County Farm Bureau, American Forest Resource Council, Tuolumne County Alliance for Resources and Environment, Central Sierra Aududon Society, Tuolumne Group of the Sierra Club, Tuolumne River Trust, California Forestry Association, Tuolumne Band of Me-Wuk Indians and an off-road motorcycle club named Merced Dirt Riders.”

Taxpayer Science: Global Warming is Killing our Forests with Fire

More publicly-funded political science, this time from the University of Utah: http://www.livescience.com/44947-western-wildfires-bigger-more-frequent.html

Here’s a quote: “It’s not just something that is localized to forest or grasslands or deserts,” said lead study author Phil Dennison, a geographer at the University of Utah. “Every region in the West is experiencing an increase in fire. These fire trends are very consistent with everything we know about how climate change should impact fire in the West,” Dennison told LiveScience.
 
Actually, this type of taxpayer-funded BS is NOT consistent with everything we know about how climate change should impact fire in the West,” despite Dr. Dennison’s assertions. It’s not even consistent with “anything we know” at all, except that unmanaged forests in the western US will predictably burn in place if they are not actively managed. It is a fuel management problem — as I have pointed out for many years — clear and simple, and I have publicly predicted these fires for more than 20 years for that reason alone.
These fires are predictable and preventable and seem to mostly take place on passively managed public lands. Seasonal weather patterns are an important factor and “climate change” is a paid-for conclusion. Untended fuels are the real problem, and addressing those would put thousands of people to work and billions of dollars into our treasuries. Apparently that is not a good thing. Big Timber doesn’t like competition.
 
There is a reason that Democrats pay for and swallow this stuff while Republicans remain skeptical. It’s a political issue, not scientific. My principal concern, though, is not the waste of taxpayer dollars promoting a political agenda so much as actual scientific methodology is being publicly degraded in the process. As evidenced by these kinds of statements and conclusions. Maybe there’s a pony in there somewhere.

Update: Montana Citizens Given Zero Notice or Opportunity to Participate in Gov Bullock’s 5.1M acre “Fast Track” Logging Proposal

Last week Steve shared this article about Montana Governor Steve Bullock nominating 5.1 million acres of National Forest lands in Montana for “fast track” logging under the recently passed Farm Bill.

Since that article appeared in the Missoulian I attempted to gather basic information from the Gov’s office and the MT DNRC regarding what type of public notice or public process was used to come up with these 5.1 million acres of National Forest land.  For days both the Gov’s office and MT DNRC refused to provided the information, and then when they finally said they’d provide basic information, such as “Was there public notice? Were notes taken?” they stonewalled by telling me I’d have to pay them to answer these basic questions.  After I told them that as a Montana citizen I have a constitutional right to an “open government” (and after a reporter got involved) they finally sent me 3 pieces of paper.

Many of you may have an interest in the fact that, with zero notice given to the public and with zero notes taken, Gov Bullock’s office hand-picked a total of 7 people who met 5 times on the phone and came up with 5.1 million acres of Montana’s National Forest lands that they have nominated for priority “fast track” logging through a weakened and streamlined “Categorical Exclusion” NEPA process that also significantly reduces meaningful public input.

It’s estimated that this “fast track” logging would apply to 60% to 75% of the forested acres of the Lolo, Bitterroot and Kootenai National Forests outside of designated Wilderness areas, but would include previously unlogged forests and critical wildlife habitat.

It should be noted that with the exception of one of the 7 hand-picked people, all of them are also big supporters (and in some cases the authors) of Senator Tester’s mandated logging bill, the Forest Jobs and Recreation Act.

This whole situation should also lend further evidence to what I’ve been saying for years now, and that’s the fact that not all “collaboration” is created equal, and when it comes to Montana public land and National Forest issues we have some incredibly rotten examples of “collaboration.”

The Great Falls Tribune’s John Adams has the story in today’s paper.

HELENA – Critics of Gov. Steve Bullock’s recent nomination of 5.1 million acres of U.S. Forest Service land as priority for “restoration” say the public was left out of the process.

On April 7, Bullock, a Democrat, announced he submitted a letter to the Forest Service nominating more than 8,000 square miles of timber land from northwestern to southcentral Montana to increase the pace of scale of restoration on federal public land.

Bullock said the lands he nominated under a provision in the recently passed farm bill are declining in health, have a risk of increased tree deaths or pose a risk to public infrastructure or safety.

But critics of Bullock’s recent action said there was no notice of the process and no opportunity for meaningful public input on a plan that could potentially open up the majority of non-wilderness timber lands across the state to fast-track timber harvests.

“I didn’t know anything about this until I read about it in the newspaper,” said Michael Garrity, director of the Alliance for the Wild Rockies.

State forester Bob Harrington, of the Department of Natural Resources and Conservation, acknowledged in an email to the Tribune that the process for choosing the lands Bullock would nominate was not open to the public.

While Harrington, in earlier media reports, couched the process as a “collaboration,” on Monday he said just six people were invited to join an “ad-hoc group” to advise him on identifying priority landscapes national forest lands.

Members selected for the ad-hoc group included Bruce Farling of Montana Trout Unlimited; Barb Cestero of the Greater Yellowstone Coalition; Sanders County Commissioner Carol Brooker; Julia Altemus of the Montana Wood Products Association; Keith Olson of the Montana Logging Association; and Gary Burnett, of the Blackfoot Challenge and Southwest Crown Collaborative.

All participants except for Brooker were involved in drafting and promoting Sen. Jon Tester’s proposed Forest Jobs and Recreation Act.

According to Harrington, the ad hoc group met five times via conference call between Feb. 28 and April 4. Only the Feb. 28 meeting had an agenda, and the meetings were not noticed to the public and no meeting minutes or audio recordings were made.

“They were primarily discussions about the proposed landscape boundaries and focused on a series of maps that were produced along the way, as well as timelines for each of the collaborative groups and/or USFS staff to submit proposed changes to us,” Harrington said in an email.

Matthew Koehler is a longtime Missoula-based forest activist with the nonprofit WildWest Institute. Jake Kreilick, WildWest’s restoration coordinator, is an active member the Lolo Forest Restoration Committee, one of the collaborative groups cited by Bullock in his proposal to the agriculture department.

Koehler pointed out that the agenda for the first ad-hoc conference call, which took place Feb. 28, listed an April 1 deadline for submitting a proposal to the governor “after broader public review/input.”

But the broader public review and input never happened before the governor submitted his letter to the Forest Service, Koehler said.

“What just transpired here is that the governor’s office and the Department of Natural Resources and Conservation hand-selected a group who got together, with no public notice, and over the course of five phone calls they decided that 5.1 million acres of Montana forests should be opened to logging under weakened and streamlined public input processes and limited environmental impact analysis,” Koehler said. “Over the course of five conference calls, seven people came up with 5.1 million acres of fast-track public lands logging. That’s more than a million acres per conference call.”

Bullock’s spokesman, Dave Parker, said there will be future opportunities for the public to weigh in.

[Update: The Billings Gazette newspaper reports that on 4/16/14 Bullock’s spokesman, Dave Parker, “threatened to exclude The Gazette from further advisories from the governor….” – mk]

“This is only the first step in the process, one which ensures vigorous public participation on a project-by-project basis,” Parker said. “The process of designating the landscapes was necessary due to the time frame established by the passage of the farm bill.”

Governors had 60 days from the enactment of the farm bill in February to make their nominations to the Department of Agriculture.

“Governor Bullock is proud to have an incredibly diverse coalition, from the Greater Yellowstone Coalition and Trout Unlimited, to the Wood Products Association and Montana Logging Association, working on this project,” Parker said. “We look forward to creating jobs, restoring the health of our forests and improving habitat for fish and game. We understand that there will be some who instinctively throw rocks at collaboration, which is their right, but they are in the minority.”

Garrity argued that there is no scientific basis for declaring the 5.1 million acres of forest outlined in Bullock’s nomination as “characterized by declining forest health, a risk of substantially increased tree mortality, or an imminent risk to the public infrastructure, health or safety.”

Garrity said the bark beetle epidemic has run its course across much of the state, and that the dead and dying trees that remain in the forest provide important habitat for birds and other native species as well as food sources for grizzly bears — which eat ants and other insects that live in dead trees — and denning habitat for endangered lynx.

“By any ecologist’s definition of what is healthy, these forests are healthy,” Garrity said. “When Teddy Roosevelt decided he wanted to protect our National Forests, he didn’t want them protected just to be tree farms. He wanted to protect them because they are important watersheds for the American public and they provide habitat for native species. Based on that they are healthy forests.”

Koehler estimates that if Bullock’s nomination is approved as it stands now, between 60-75 percent of all the forested acres outside of designated wilderness in the Kootenai and Lolo National Forests would be prioritized for timber harvests under the categorical exclusion provision, which limits the requirement for rigorous environmental analysis.

“What that means is less public involvement, and less analysis about how the timber sale could affect bull trout, or Westslope cutthroat trout, or threatened and endangered species such as the grizzly bear, and lynx, and wolverines,” Koehler said. “Does the public want a say in how their lands are managed, or do they want hand-selected groups meeting secretly behind closed doors undermining America’s public lands legacy and the ability of Americans to fully participate in the management of their public lands?”

GAO Report on NEPA Analyses

The GAO has released a report, “National Environmental Policy Act: Little Information Exists on NEPA Analyses.” Lots to digest! Here are three items, for example, that may be of interest:

* “… the Forest Service reported that 78 percent of its 14,574 NEPA analyses from fiscal year 2008 to fiscal year 2012 were CEs, 20 percent were EAs, and 2 percent were EISs.”

* “… the Forest Service reported that its 501 EAs in fiscal year 2012 took an average of about 18 months to complete.”

* “The little governmentwide information that is available on CEs shows that they generally take less time to complete than EAs. DOE does not track completion times for CEs, but agency officials stated that they usually take 1 or 2 days. Similarly, officials at Interior’s Office of Surface Mining reported that CEs take approximately 2 days to complete. In contrast, Forest Service took an average of 177 days to complete CEs in fiscal year 2012, shorter than its average of 565 days for EAs, according to agency documents.”

More comments on the report are welcome.