NEPA Taskforce Report from 2005: Has Anything Changed?

Someone wrote and asked the question, has anything in NEPATaskForcenepareport_finaldraft122105-1 report changed? What do you think?

It seems to me that the report somewhat downplays the importance of case law compared to the statute. Here’s how it looks to me.

1. There is the statute, simple and beautiful.
2. There are the CEQ regs, which mostly lay out rules for doing documents. They’re OK. Like defining “major federal action.” CEQ (regardless of individuals there) always seems to think that things are fine,and if agency practitioners would just do things right, there would be no problems with NEPA.
3. But then there are the Courts, who make their own (dare I say sometimes arbitrary and capricious?) decisions about what the statute and regs really mean. I think many folks don’t have problems with 1 or 2, but it’s 3 that seems to drift from 1 and 2. Even though we’re not lawyers we can still have opinions about what people meant when they wrote the statute and the regulations.

Anyway…there is also 4) in part to clarify for courts what was meant, the FS wrote its own NEPA regs.

It seemed to me that the discussion in the Taskforce report was a bit as if only 1 and 2 exist.

A question about this report has to do with the idea “there aren’t that many NEPA cases.” That may be true in some narrow sense. But there are plenty of cases that throw NFMA, NEPA, and ESA into the complaint. So far I haven’t figures out how we have discussed all the different litigated projects we have here on this blog, and yet there aren’t that many NEPA cases. Maybe someone can help explain.

Another question is I was always told NEPA is a procedural statute. It reads like a procedural statute. I didn’t know it was debatable or open to anyone’s interpretation. I thought it either was or wasn’t. That seems mysterious. But it reminded me of Sally Fairfax’s critique (published in Science (???)) in 78. Look what she has to say about paperwork and EIS’s. Remarkably astute, in my view. I don’t have access to Science but somehow in my old files I found here some back and forth between her and someone who disagreed, in which she summarizes some of her arguments.

If Professor Fairfax’s arguments are still true, that’s 25 years ago.

Sharing Blog Posts

someone asked if we could enable sharing of posts on Twitter. I think I did this, plus LinkedIn plus Facebook. When you see a post you want to share, click on its title. Then you should see the buttons to share. I hope it works..

I made up a twitter account called forestpolicypub, because I think I had to. So don’t be surprised if that shows up somewhere.. that’s NCFP’s alternate name.

P. S. I am still working on transferring the hosting so that we can expand the number of comments and add other functionality. Thanks to Eli Sagor for setting it up!

Terry- it took the aging brain a while to figure out that the buttons only show up when you click on the post.

House Resources Committee Hearing July 11, 2013

I like this quote by Chris Topik in the press release here:

“We must collectively and immediately dedicate ourselves to finding a way to effectively support both essential emergency wildfire preparedness and response AND the proactive fuels reduction and forest restoration that are needed to reduce the demand for emergency expenditures in the future. Our current approach to wildland fire and forest management creates a false choice, pitting the viability of one against the other. In reality, we cannot afford to short-change either.” – Christopher Topik, Ph.D, Director, Resorting America’s Forests, The Nature Conservancy

People I know who watched it, said that there was general agreement and a relative lack of partisan demagoguery.

Here’s the site with the testimony.

From the Big Blowup to Yarnell Hill: A Cautionary History of Wildand Fire by Char Miller

Found this on the SAF LinkedIn site:

It’s always hard to excerpt one of Char’s pieces, but here goes:

That conviction was woven into the determination to take on the Mann Gulch fire of 1949. Fifteen smokejumpers parachuted near a wind-whipped inferno in the mountains above Helena, Montana, where they joined a ranger who had hiked in to battle the rapidly moving blaze. Trapped near a ridgeline, thirteen died. In its post-fire investigation, the Forest Service exonerated the fire boss’s decision to jump in the first place and his management decisions during the increasingly ferocious and unpredictable burn.

“I really think that the fire we saw when we flew over there was a typical smokejumper fire,” a survivor confirmed. “And if they didn’t jump on that fire they wouldn’t have jumped on half the fires they jumped on that year. So I don’t think it was a mistake to jump. After we got on the ground I think it was a freak of nature that caused the wind to do what it did and to pick those coals up and drop them in the canyon below us.” Because smokejumping had been invented, the agency needed to use this tool notwithstanding any such “freak of nature.”

Unfortunately, those freakish moments have piled up. Between 1949 and 2012, burnovers have killed an estimated 221 of the 769 wildland firefighters who have died on the job.

The 1950s and ’60s were especially harrowing on the California national forests. In 1953, fifteen died in a burnover on the Mendocino NF; the next year, three more were lost on the Tahoe NF and then in 1956 another eleven fell on the Cleveland NF. Ten years later, a dozen firefighters were killed on the Angeles NF, also the site of a 1968 incident in which four perished.

Following the 1994 fire season, in which 14 firefighters were killed in the South Canyon fire on Storm King Mountain near Glenwood Springs, Colorado, the Forest Service and other federal and state agencies embraced a more rigorous safety-first strategy, hoping to limit the number of fatalities.

This year’s tragedy in Arizona suggests that we may not have fully absorbed this painful, century-long history. The problem does not appear to be one of policy but of memory. We don’t seem to know how to recall this deadly past, to keep it front and center, so as to abide by the rules and regulations already in place.

The public moreover must deliberately integrate these deaths into our ongoing education about fire’s essential place in the landscape, whether grassland, chaparral, or alpine. They must also be a required discussion item before every zoning commission or city council vote to permit yet another subdivision in the wildland-urban interface. For make no mistake, we are undeniably complicit in this mounting toll — we sent these firefighters out to do the work that led to their demise even as we have contributed to the increased frequency and intensity of the fires they have battled on our behalf. They die where we live.

To insure that their numbers do not grow, perhaps this time we’ll remember what happened during the Big Blowup and in Griffith Park, at Mann Gulch, South Canyon, and now Yarnell Hill. Perhaps this time we won’t forget what we have always known.

Here are some of my reflections on Char’s piece:

1) From Storm King to now was 19 years; you could argue that, given the kind of work that these folks are doing, and the judgements that need to be made, the track record is actually darn impressive.

2) There is a difference between “not living there in the woods” and “not using certain potentially dangerous tactics when fighting fires around houses in the woods.” I’m not a suppression expert, but they seem to have a variety of tactics. That’s what Kathy Voth questioned in the piece here that The Optimist posted.

3) Even if we stopped any more building, there are plenty of built places left to potentially burn- including Southern California.

4) Flooding of rivers has been a part of the landscape for millennia as well, but we don’t “educate people about the essential role of flooding in the landscape.” In fact, where I grew up, within the KCET listening area, La Ballona Creek was concrete lined for flood control (people are working to restore it, which I think is a good thing).

WATCHDOG: The post where we say nice things about the Forest Service

from the Rapid City Journal here.

WATCHDOG: The post where we say nice things about the Forest Service
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18 hours ago • Joe O’Sullivan Journal staff

“The older I get the more I admire and crave competence, just simple competence, in any field from adultery to zoology.” ~ H.L. Mencken

It’s surreal to thank people for just doing their job, because, after all, they’re just doing their job. But there are few consequences to breaking public records laws, and many government entities don’t — or won’t — comply quickly (or at all) to requests for records. Or even public information.

And while Public Records Watchdog focuses on the latter half of the carrot-and-stick approach, I thought I’d throw a carrot out there.

U.S. Forest Service: congratulations, have a carrot.

Last week, two separate Forest Service regions helped get us information for our story on how exploding targets are causing wildfires. The Black Hills National Forest folks helped make available a fire investigator who could speak with authority on the growing number of wildfires started by exploding targets used by shooters.

The regional office that oversees the Nebraska National Forest and Grasslands wouldn’t let us interview a local patrol captain about last year’s Spotted Tail fire near Chadron. But Forest Service spokeswoman Cyd Janssen called us back on deadline and got us the information we needed. Good on her.

[The regional office should answer for why no law enforcement at Nebraska National Forest and Grasslands is allowed to talk to the press about an investigation financed by public money about a fire on public land, and extinguished with fire trucks paid by the public. But that’s for another day.]

The Forest Service also sent me this week a series of Black Hills National Forest logging contracts that I’d requested in May through the Freedom of Information Act. A spokesperson told me that the disc containing the contracts was being held by law enforcement, but the Forest Service worked it out and got us requested documents. Considering FOIA requests often take months or years for federal government agencies to complete, two months for a fat stack of contracts isn’t bad.

We’ll be writing about the logging contracts soon, so stay tuned. In the meantime, open government people, keep the faith. And Forest Service, enjoy your carrot.

Sharon’s note: Anybody who quotes Mencken has earned some warm fuzzies from me. What a difference a forest can make! Good on you, Nebraska and Black Hills!

Democrats Comment Against Forest Thinning

Here is an early July LA Times article that, apparently, says that only Republicans are seeking to thin our forests, as we watch our forests burn. Clearly, this is a tactic to rile up their mostly Democratic readers.

http://www.latimes.com/news/nation/nationnow/la-na-nn-gop-fire-hearings-20130703,0,2185679.story

Cole-creek-logs-web

Yes, it did rile them up, as evidenced by the wild comments. Here are a few examples:

As a logger in Susanville, California said at a Forest Service public comment session (1997), “But Trees are Dying in the Fiorest”!!!! (and therefore NOT making a profit for him).

My response, People are dying in the streets, so what is YOUR point.

The aLand Raping Logger coundn’t answer, because the only thing he cared about was turning a PUBLIC RESOURCE into his own private profit.

Dead trees in a dorest serve as nesting sites for birds and other animals and eventually fall to rot, providing food foe grub eating bears, light spaces for juvenile trees to start and replenishing the forest soil, for the next generation of trees.

When a person dies, what good do they do the Planet?

This commenter doesn’t realize that clearcuts have been banned in the Sierra Nevada for over 20 years.

The logging companies will only clear cut…not select cut, making for the ugliest scars and worse…ecological destruction of forest habitats.  This is not a good idea.  The problem is not the density of trees…it’s the residential areas built near thick forests.  Bad planning is a result of homes destroyed in forest fires.

Ummm, I think it is the wildfires that are causing “deforestation”, bud!

Is that what the GOP is calling deforestation for profit these days, as they bend over for their lumbering lobbyists?

Was this supposed excessive harvesting done in THIS millennium??!?

They have a point, but the GOP has a history of letting “thinning” evolve into excessive “harvesting” by lumber companies.

This person is in denial about current forest management practices that have eliminated high-grading AND clearcutting, while reducing fuels in the form of trees in the 10″-18″ dbh size class. The last 20 years of active management has not resulted in adverse effects. On the other hand, wildfires lead to MORE insects, as they kill the fire-adapted pines, through a combination of cambium kill and bark beetle blooms.

Much of the GOP have forest management/preservation for the past 40 years. While some may see forests as natural resources to be preserved and cherished, others see them as purely economic resources to be exploited. Timber interests in California have utilized the same pretext to no avail. Note that thinning the forests would have little effect in preventing or curtailing wild fires. Let nature take its course becasue fires are a natural occurance; and are necessary for killing insects, spreading new seeds and burning away dead wood.

Really, though, THIS is a big part of what we are up against. Loud-mouthed partisan politics, not based in fact, is harming our ability to do what is right for the “greatest good”. Shouldn’t we be “thinking globally and acting locally”, regarding forests? Is this mindset fitting into “If you are not part of the solution, then you are a part of the problem”?? It looks like commenters will say ANYTHING to bash the GOP, even if it is hyperbole and rhetoric. Sadly, this ignorance of forest facts continues to have a harmful and hazardous effect on our forests.

Alaska’s chief forester hoodwinks Congress about the Tongass

(The following note and op-ed is from Larry Edwards, a Greenpeace forest campaigner and 36-year Sitka, Alaska resident. – mk)

I published the op-ed below today in the Juneau Empire, concerning fundamentally false testimony given at  Senator Wyden’s Senate E&NR Committee hearing on public forests (USFS and BLM) on June 25.  The particular testimony was given by the director of Alaska DNR’s Division of Forestry, Chris Maisch.

Although the topic may seem regional, concerning particulars about the Tongass National Forest, the piece should be of interest more broadly because Maisch’s testimony and the hearing in general were used to justify Senator Wyden’s approach to getting logging levels “UP” (his emphasis, repeatedly) by “streamlining” NEPA and ESA.

— Larry Edwards

——————–

Chris Maisch hoodwinks Congress about the Tongass
By Larry Edwards, Greenpeace
July 10, 2013

Alaska’s chief forester, Chris Maisch, should be fired and be held in contempt of Congress. Falsehoods were plentiful in his June 25 testimony to the Senate Energy & Natural Resources Committee, representing the state on Tongass National Forest issues.

He called these falsehoods “grim realities.” They mislead Congress, and their negativity harms the morale and economic reputation of Southeast Alaska.

Maisch introduced the Tongass as “the largest national forest …17 million acres of land.” Correct. But in noting merely that “not all of this” can be logged, he avoided informing senators that this land area is two-thirds glaciers, ice caps, rocky peaks, muskegs and scrubby trees. That’s nothing anyone would try to log, and not the prized forest habitats embroiled in controversy.

Had he disclosed that, his main point would have been silly: “the suitable timber base available for management has declined to only 672 thousand acres — or 4 percent of the Tongass acreage.” The comparison is absurd because the overwhelming portion of other 96 percent of the Tongass is the non-forest and unloggable landforms just described. Alaska’ chief forester must know better than the vision this created for senators.

More deceptively, he said, “Despite more than 50 years of timber harvest in the Tongass, a mere 2.5 percent of the old growth forest has been harvested.” That cons the Senate into believing the Tongass timber industry has had minuscule impact on forest habitat. If the existing 440,000 acres of Tongass clearcuts are really just “2.5 percent of the old growth,” doing the math, all the 17 million acres had to be old growth. Effectively, Maisch’s vision for senators is that there are no glaciers or unloggable terrains at all on the Tongass — just uninterrupted old-growth everywhere, of comparable quality to what has been logged.

Also deceptive: “The Tongass … is bigger than West Virginia, yet [that state has] 181 sawmills and 30,000 people employed.” West Virginia has far more commercial quality forest than the Tongass, and its climate grows trees faster. West Virginia’s industry is close to markets; Alaska’s is remote. Maisch’s incomplete comparison hoodwinked senators.

Maisch did a jobs shell-game. His testimony focused entirely on the Tongass, not mentioning other forest ownerships. Yet he claimed, “logging and wood products employment remains a mere shadow of its past, falling from 4,600 jobs in 1990 to approximately 307 logging jobs and 150 wood products manufacturing jobs in 2011.” In 1990 only 4,000 such jobs existed statewide. It was the peak year of Southeast Alaska’s logging boom, employing 3450. (Alaska Department of Labor). Over half the timber came from Native corporations rapidly liquidating their forests, not the Tongass. Maisch’s inaccuracy and comparison to an unsustainable high-water mark misdirected senators.

The current 457 jobs, too, are statewide. Under 100 jobs depend on Tongass timber, making this a good time for quickly transitioning out of Tongass old-growth logging. Magnifying the Tongass industry as four-plus times its actual size, Maisch avoided being confronted with that option. He asks the opposite — the ceding of 2 million acres of old-growth from the Tongass for logging — with contrived facts.

Maisch pointed to supposed steady decline in Southeast Alaska’s population and school enrollment. Population did decline 5 percent between the 2000 and 2010 Censuses, but senators also need to know the State estimates the population has rebounded 3.8 percent since 2010.

Maisch said school enrollment has declined 15 percent, “sustained over nearly two decades” in 87 percent of communities. Broad decline lasted only from 2000 to 2006. Stability or growth have become commonplace since then. Analyzing State records, enrollment has been stable in nearly 60 percent of Southeast’s school districts for the last 3-10 years, and is increasing in nearly one-quarter.

He also claimed that since 1990 six schools closed and the Southeast Island School District’s (SISD) enrollment declined from 381 to 160 students. (Enrollment of under 10 causes closure; correspondence school is a fallback option.) Of those six, permanent closures in two tiny fishing villages (1997 and 1999) and in Hyder (2009) are irrelevant to logging issues. A fourth school closed only during 1996. The remaining two, in timber country, have cycled on/off for two decades. Maisch ignored SISD’s steady enrollment recovery since 2010, reaching 190 (not 160) this year.

Chris Maisch’s testimony was fundamentally false. If he believes what he said, he is not a competent public resources steward. If otherwise, he committed perjury. Either way he must go, and the State needs to retract his testimony!

• Larry Edwards is a Greenpeace forest campaigner and 36-year Sitka
resident.

Are People Living in Forests the Problem?

Following the deaths of the firefighters, there are thoughtful pieces about whether we as a society are doing everything we can to make firefighters (and other people) as safe as we can in the event of ever-present wildfires. These are good and important conversations to have.

Jeff is an amazing photographer. Check out his website http://jeffwarnerphoto.com/
Jeff is an amazing photographer. Check out his website http://jeffwarnerphoto.com/

An unfortunate part of human nature is the tendency to try to find scapegoats to blame when bad things happen. It could be ethnic groups. It could be “corporations”. It could be those of the other political party. And sometimes there is cause and effect; those groups or people really do annoying things. Scapegoating is when you take a behavior that you disagree with, and turn it into “if we get rid of this group, our problems will go away.”

And to the issues of wildfire, we have “people who live in the woods”. Last Friday, I read this letter to the editor in the Denver Post.

When so many fine young people die, we must ask: Is the price too high? The time when folks could live in the mountains seems to be passing, at least for the foreseeable future. Maybe those who feel they must live there need to work with their private insurance companies to safeguard their property, and not expect the taxpayer to supply firefighter crews and airplanes. The money and the remarkable people who risk their lives are no longer “protecting the forests.” They are trying to save homes and businesses that are just not safe anymore. Perhaps the price is just too high.

Mark Parsons, Berthoud

In the course of recreation Friday and yesterday, (to Allenspark and Estes Park), I traveled through our forests. I encourage those interested to do the same thing in their areas. Because, guess what, not building new homes is not the answer to forest fires. In my area, they’re already there. So let’s take a trip.

I live in Golden, Colorado, within walking distance of downtown. A couple of years ago, a fire came out of the canyons and was stopped short of our subdivision. That fire is in the photo above. We don’t live in the mountains, nor with trees. Still wildfires.

Then as I leave home and progress up Golden Gate Canyon, we see the more classic 30 acre or so parcels with houses. They seem to be pretty much everywhere going up the canyon. At the top, towns and gas stations, convenience stores, fairgrounds, libraries. Going along 119 north, there are more cabins, resorts, campgrounds, church and scout camps, ski areas, towns, restaurants. My point is that 1) it’s too late to depopulate our mountains, 2) people like to recreate in mountains and have infrastructure associated with that recreation, 3) not building new houses interspersed among the old houses might be helpful but will not solve any “house protection” problems.

So..even if folks want to stop new homes and subdivisions from going in…well, that’s an OK desire and may help in some places.

But what we already have still exists. Stopping new development doesn’t seem like it will do much to solve our Colorado Front Range fire problems, as far as I can see. Is this another issue where the solutions differ based on local conditions?

For those of your in the fire-prone West, if you took a trip to your favorite recreational trail from your house, what would you see?

Sprawling Into the Fire Zone: How Much Longer can Homes be Banked, Built, and Sold in Fires’ Way?

(The following article was written by Lance Olsen and originally appeared over at Counterpunch.  – mk)

Although there has generally been silence about the potent roles they play, the banking, construction, and real estate industries have excelled at placing human homes and lives in the path of forest fires. At the same time, they have excelled at placing the same homes and people in the backyards of wildlife including, among many others, the grizzly bear. The consequences have been increasingly obvious, but the industries’ role still remains under the radar of many observers.Screen shot 2013-07-09 at 8.54.26 AM

It would be easy to argue that, at least until recently, these three key industries didn’t know what they were doing, or were at least oblivious to its consequences. But as fires become more fierce and frequent, conflicts with wildlife become more apparent, and officials at all levels of government issuing repeated warnings of risk, it’s getting harder and harder to think that these industries can claim the kind of innocence that comes with ignorance.

It’s also pretty easy to understand that this trio of influential industries can claim, with some justification, that people make their own choices where to live. But it’s just as true that most of the people who move into these fire-prone and wildlife-occupied areas would have a hard time doing it without at least some help from bankers, builders, and the real estate industry.

It seems time for these industries to accept a more positive role. For example, bankers evaluating loans could and should consider whether they are putting money into real estate at risk of burning. This need becomes more pressing if, as seems possible, fire insurance becomes hard to get or costs an arm and a leg to buy. Realtors could also disclose that the land or home a person contemplates buying is in fire-prone terrain. Not doing so leaves unsuspecting customers vulnerable to surprises that they may not want.

Bankers and realtors could and should also advise borrowers that they are buying land in the backyards of, say, mountain lions and bears, or are buying a home already placed in the lions’ and bears’ backyard, and may end up finding the likes of lion and bear continuing to use that land. Here too, not doing so leaves customers vulnerable to problems that they may not expect and certainly don’t want.

These problems clearly leave governments and taxpayers with unwanted costs, most prominently including the increasing cost of defending homes and lives from forest fire.  If the banking, building, and real estate industry were held responsible for picking up a fair share of these costs, the Forest Service budget wouldn’t be so badly busted by firefighting expenses.

As things stand now, however, increasing responsibility is being put on homeowners as governments step back. Former Montana governor Brian Schweitzer made it plain that the state budget can’t meet all demand for protecting housing from fire, and that homeowners will have to bear some of the cost themselves. Trouble is, nobody was telling that to the people who populated the fire-prone forests until after the fires drove the point home.

The home-destroying consequence of forest fires, as a recent Rocky Barker column in the Idaho Statesman makes plain, are “not natural disasters.”  They are the product of human choices. These choices have been made not only in Idaho, but all up and down the Rockies, and beyond. In Washington, for example, a Forest Service study found that housing development is occupying lands at the rate of a football field every 18 minutes. And fire is just one of many concerns this trend is raising. An author of the Forest Service report said that “People are concerned about losing capacity to grow local food crops and wood products, and about how patterns of development are impacting water quality, wildfire risk, and wildlife.”

The people concerned include the multiple agencies of the Interagency Grizzly Bear Committee. In IGBC’s recent draft conservation strategy for grizzlies in the Northern Continental Divide Ecosystem, agency biologists identify development as the top source of human-caused mortality in “management removals,” accounting for almost a third of grizzly deaths in the area.

Although they do not explicitly identify the banking, building, or real estate industries per se, biologists do conclude that “The majority of management removals result from conflicts at sites associated with frequent or permanent human presence,” and that grizzlies can be killed for “seeking natural sources of food in areas near human structures.”

Now, it’s plain as can be that a house placed in grizzly habitat can be pretty harmless in and of itself. But when the house is now made home to the likes of chickens, pet food, bird feeders, goats, or anything else a bear will see as something good to eat, and the new homeowner registers a complaint that a bear is showing up, that’s when management removals begin to kick in.

Biologists who prepared the recent grizzly conservation strategy describe sprawl and its consequences as “manageable.”  But the management comes at a cost. According to the agencies’ conservation strategy for grizzlies, agencies spend “considerable time and money on outreach actions and materials teaching the public how to prevent conflicts before they occur.”

Ultimately, these costs can be traced back to the sprawl of housing, and can plausibly be calculated as another subsidy for sprawl. If the three industries were held responsible for some share of these costs, state budgets could get some relief from the cost of responding to complaints from the people who move into the backyards of bears, lions, and other wildlife.

Moreover, the effects of such subsidy spill over into streams and rivers. As sprawl brings impermeable surfaces including rooftops, roads, and driveways into natural areas, the denizens of streams and rivers take hits too. And the hits start coming early. In 2012, a USGS study found that streams are more sensitive to development than generally understood, and that the loss of sensitive species in streams begins to occur at the initial stages of development.

A 2010 study in Ecology found that “The loss of natural land to urbanization is one of the most prevalent drivers of novel environments in freshwaters,” and that “Approximately 80% of the declining taxa did so between 0.5% and 2% impervious cover, whereas the last 20% declined sporadically from 2% to 25% impervious cover.”

But of course sprawl brings more than hard, rain-diverting surfaces. It also brings new use of pesticides used by people who want the perfect lawn, or the perfect garden of flowers not native to the landscape. A July 2013 study of pesticides’ impact published in the Proceedings of the National Academy of Sciences found that they can have radical effect on nearby streams, reducing life forms in streams by as much as 42%.

What we may be seeing is that runoff from hard surfaces hastens the pesticides’ progress into streams. But, so far as I know, nobody in banking, building, or real estate is disclosing these impacts to customers who crave a life beside some pretty stream. Likely of even more interest to many customers, though, streamside home construction has direct implications for people, too. Here, think flood, which is becoming much more likely as warming oceans pour more water to the skies. But few if any bankers, builders, and realtors ponder the risks they so willingly create for customers when streamside homes turn into costly nightmare every time a stream or river jumps the banks and brings mud to carpet and flooring.

In fairness, bankers, builders and realtors haven’t been acting alone in delivering unwanted and widely unsuspected  consequences to fish, wildlife, and homeowners. Congress and successive Presidents have thrown considerable support to these varied and damaging trends in the form of a Mortgage Interest Deduction which grants homebuyers tax cuts of up to a million dollars in interest payments alone.

This federal largesse is not granted just for primary residences. It is also granted for second homes, even when those homes have been built in our increasingly fire-prone forests, even when those homes are built in the backyards of threatened species such as the grizzly, and, yes, even when they’re built on the permeable soils of important stream and river drainages.

While the banking, building, and real estate industries have prospered in the boon this tax break brings, it would be hard to find a fish or bear that would cheer. For that matter, it would be hard to find much cheer in the hearts of people whose forest homes have gone up in fire, the families and friends of people killed in fire, or any of the victims of pesticide and flood.

Human death has finally forced at least some state governments to act on the risk to life and home brought on by fire. Colorado, for example has set up a task force which, according to a recent article in the Denver Post, may actually suggest “disclosure of wildfire risk before home sales” as a step toward stemming “risks and costs” that have become “too great.”

The Post quotes one Colorado official saying that the homes and lives lost in the Black Forest fire have been “ ‘ a cruel illustration’ of need for a smarter approach.”

Many will be watching to see how much support or opposition bankers, builders, and realtors give to Colorado’s requirement for disclosure of risk from fire. Together, these intimately related industries have high potential to be important allies, or foes, of a smarter approach.

A recent U.S. Supreme Court decision has added some interesting legal intrigue to these issues. At its heart, the Court’s decision was that developers’ rights trump public interest, and that local governments can’t inhibit land development unless they pay developers for any loss thus caused. Given the increasing budget constraints affecting government at every level, the consequence is that developers now enjoy greater freedom from regulation, whether that regulation would protect fish and wildlife from development or people from wildfire. And with this new freedom comes an added dose of responsibility for whatever blood this trio of industries has –and will have — on its hands.

Lance Olsen, a Montana native, was president of the Missoula, Montana-based Great Bear Foundation from 1982-1992. He has also served on the governing council of the Montana Wilderness Association and the advisory council of the Alliance for the Wild Rockies. He was previously a college teacher and associate of the American Psychological Association and its Division on Population and Environmental Psychology, and the Society for the Psychological Study of Social Issues. Now retired, he runs a restricted listserv of global scope for climate researchers, wildlife researchers, agency staff, graduate students, and NGOs concerned about the consequences of a changing climate. He can be contacted at [email protected]. This article originally appeared at Counterpunch.

GAO Report: 1/4 of USFS trails meet standards, maintenance backlog over $520 million

A new report from the Government Accountability Office (GAO) titled, “Forest Service Trails: Long- and Short-Term Improvements Could Reduce Maintenance Backlog and Enhance System Sustainability” was released recently.

According to the report, one-quarter of the Forest Service’s 158000 miles of trails met the agency’s standards, and the estimated trail maintenance backlog is $314 million, with an additional $210 million for annual maintenance, capital improvements and operations.

Add this big-ticket maintenance backlog to the growing $8.4 billion maintenance and reconstruction backlog the Forest Service current has on it’s 380,000+ miles of roads (and the fact that the Forest Service only receives 20% of the annual maintenance funding it needs to maintain its existing 380,000+ mile road system to environmental and safety standards) and one gets a sense just how far the Forest Service (and Congress) has dug the Forest Service’s backlogged maintenance hole.

Click here for a copy of the GAO report. A Missoulian article about the report is available here.

What GAO Found
The Forest Service has more miles of trail than it has been able to maintain, resulting in a persistent maintenance backlog with a range of negative effects. In fiscal year 2012, the agency reported that it accomplished at least some maintenance on about 37 percent of its 158,000 trail miles and that about one-quarter of its trail miles met the agency’s standards. The Forest Service estimated the value of its trail maintenance backlog to be $314 million in fiscal year 2012, with an additional $210 million for annual maintenance, capital improvement, and operations. Trails not maintained to quality standards have a range of negative effects, such as inhibiting trail use and harming natural resources, and deferring maintenance can add to maintenance costs.

The Forest Service relies on a combination of internal and external resources to help maintain its trail system. Internal resources include about $80 million allocated annually for trail maintenance activities plus funding for other agency programs that involve trails. External resources include volunteer labor, which the Forest Service valued at $26 million in fiscal year 2012, and funding from federal programs, states, and other sources.

Collectively, agency officials and stakeholders GAO spoke with identified a number of factors complicating the Forest Service’s trail maintenance efforts, including (1) factors associated with the origin and location of trails, (2) some agency policies and procedures, and (3) factors associated with the management of volunteers and other external resources. For example, many trails were created for purposes other than recreation, such as access for timber harvesting or firefighting, and some were built on steep slopes, leaving unsustainable, erosion-prone trails that require continual maintenance. In addition, certain agency policies and procedures complicate trail maintenance efforts, such as the agency’s lack of standardized training in trails field skills, which limits agency expertise. Further, while volunteers are important to the agency’s trail maintenance efforts, managing volunteers can decrease the time officials can spend performing on-the-ground maintenance.

Agency officials and stakeholders GAO interviewed collectively identified numerous options to improve Forest Service trail maintenance, including (1) assessing the sustainability of the trail system, (2) improving agency policies and procedures, and (3) improving management of volunteers and other external resources. In a 2010 document titled A Framework for Sustainable Recreation, the Forest Service noted the importance of analyzing recreation program needs and available resources and assessing potential ways to narrow the gap between them, which the agency has not yet done for its trails. Many officials and stakeholders suggested that the agency systematically assess its trail system to identify ways to reduce the gap and improve trail system sustainability. They also identified other options for improving management of volunteers. For example, while the agency’s goal in the Forest Service Manual is to use volunteers, the agency has not established collaboration with and management of volunteers who help maintain trails as clear expectations for trails staff responsible for working with volunteers, and training in this area is limited. Some agency officials and stakeholders stated that training on how to collaborate with and manage volunteers would enhance the agency’s ability to capitalize on this resource.

Why GAO Did This Study
The Forest Service manages more than 158,000 miles of recreational trails offering hikers, horseback riders, cyclists, off-highway-vehicle drivers, and others access to national forests. To remain safe and usable, these trails need regular maintenance, such as removal of downed trees or bridge repairs. GAO was asked to review the agency’s trail maintenance activities. This report examines (1) the extent to which the Forest Service is meeting trail maintenance needs, and effects associated with any maintenance not done; (2) resources, including funding and labor, that the agency employs to maintain its trails; (3) factors, if any, complicating agency efforts to maintain its trails; and (4) options, if any, that could improve the agency’s trail maintenance efforts. GAO reviewed laws and agency documents; analyzed Forest Service budget data for fiscal years 2006-2012 and trails data for fiscal years 2008-2012; and interviewed agency officials and representatives of 16 stakeholder groups selected to represent trail users, conservation, and industry. Their views are not generalizable.

What GAO Recommends
GAO recommends, among otheractions, that the Forest Service (1) analyze trails program needs and available resources and develop options for narrowing the gap between them and take steps to assess and improve the sustainability of its trails and (2) take steps to enhance training on collaborating with and managing volunteers who help maintain trails. In commenting on a draft of this report, the Forest Service generally agreed with GAO’s findings and recommendations.For more information, contact Anne-Marie Fennell at (202) 512-3841 or [email protected].