Being Wrong: Adventure Pass Edition

Could it be that with the Adventure Pass program, the Forest Service was once-again trying to emulate business interests it once sought to regulate. Not that this is wrong, or evil—at least not unless you firmly believe that “Money is the root of all evil.” But it is clearly not what I want from the Forest Service. I made this case last year in Forest Service Mindshift: From Regulators to Partners.

I believe that the move to “marketize”, say, an ‘Adventure Pass’ program comes naturally to those in the Forest Service who have been hobnobbing with ski resort owners, Disney people, outfitters, etc. and want to be part of that world. It is just a piece of a broader “Print Your Own Money” mentality that has become firmly entrenched I the minds of some Forest Service managers? Of course they want to be apart from that world too, they want to be recognized as government agents, civil servants, etc. Can they have it both ways? I don’t think so.

My ‘beef’ with the Forest Service in this is, and has been for a very long time, simply expressed via Joni Mitchell’s lyrics from A BIG YELLOW TAXI. (copied from a dialogue thread I put into Eco-Watch bulletin board back in 1999):

Big Yellow Taxi
by Joni Mitchell

~~~~~~
They paved paradise and put up a parking lot
With a pink hotel, a boutique and a swingin’ hot spot

Don’t it always seem to go
That you don’t know what you’ve got till it’s gone
They paved paradise and put up a parking lot

They took all the trees, put ’em in a tree museum
And they charged the people a dollar and a half just to see ’em

Hey farmer farmer, put away that D.D.T. now
Give me spots on my apples but leave me the birds and the bees
please

Late last night I heard the screen door slam
And a big yellow taxi took away my old man

They paved paradise, put up a parking lot (choo bop bop bop bop)
They paved paradise, put up a parking lot
~~~~~~

I don’t want national forest trees put into a “tree museum,” where you “pay a dollar and a half just to see them.” I don’t want “swingin’ hot spots” and other overly luxurious recreation facilities on the public lands. Not that such is imminent, but it might be only a bit further down the road to ‘market land’. In short I want my experiences on public lands to be as far from Madison Avenue spin as possible.

So I was delighted that the Ninth Circuit slapped the Forest Service hard (pdf) on this one—particularly since the Congress put the Recreation Enhancement Act in place to give firm guidance as to how the Forest Service ought to administer fee collection programs. Questions remain. How/Why did the Forest Service come to believe that it was acting within the scope of the Recreation Enhancement Act (available here) when it continued to use the Adventure Pass program for general access fees in some areas after the REA was passed in 2004?

Extended Footnote on Framing/Blaming
In an earlier post, I argued that the there were various ways to frame arguments, building from one of Sharon’s posts. The frame I imposed was a bit extreme, and unfairly characterized the Forest Service as a villain. I did it in part to suggest that Sharon’s earlier post had unfairly characterized the Forest Service as a victim. I realize now that I was unfair in my framing and in my characterization of Sharon’s earlier framing. In short, the victim/villain framing was too harsh and a bit silly—but it did get some folks to think a bit. A better approach would have been to admit that villains are best left for fiction, and that better framing for real world situations ought to follow this advice:

“In the real world there are no villains. No one actually sets out to do evil. … There are no villains … rubbing their hands in glee as they contemplate their evil deeds. There are only people with problems, struggling to solve them.” Ben Bova

In a recent book, Being Wrong, Kathryn Schulz says, among other things, that people often put people they disagree with in one of three boxes: either they are “unformed”, else they are “idiots”, else they are “evil.” Schulz argues that there remains another possibility. People we disagree with may be quite well informed (have plenty of facts at hand), and they may not be idiots, neither evil. They might just view the world differently.

Incidentally, here is a link to a great little video presentation from Schultz at the 2011 TED Conference. Or, if you prefer, just browse the “first few pages” via Amazon of Schulz’s Being Wrong.

I challenge all to steer clear of the victim/villain framing that I used in my earlier post, as much fun as it is to frame things that way. But to so steer is to move away from much of the rhetoric used in the “industry/environmental wars” and other political arenas.

Finally, keep in mind that it proves very hard for any of us, particularly those in power, to admit error. Here is what Diane Ravitch said, when being interviewed on being wrong about her earlier championing of the “No Child Left Behind” program:

Schulz: If you could hear someone else interviewed about wrongness, who would it be?

Ravitch: That’s a hard one. Donald Rumsfeld said he was wrong, but I don’t even want to hear from him. [Former Treasury Secretary, former Goldman Sachs Co-Chair, and former Citigroup Chair] Bob Rubin would be interesting, but he’ll never admit he was wrong. Right now what’s coming to mind are people who have never admitted that they’re wrong about anything.

Schulz: Like who?

Ratcliff: Like basically everybody I’ve been associated with for the last 20 years.

Related Reading
Kathryn Schulz. 2010. Being Wrong: Adventures in the Margin of Error
Robert Jervis. 1997. Systems Effects: Complexity in Political and Social Life
Albert O. Hirschman. 1991. The Rhetoric of Reaction. Perversity, Futility, Jeopardy
Deitrich Dörner. 1989. The Logic of Failure: Recognizing and Avoiding Error in Complex Situations
Larry Tye. 1988. The Father of Spin: Edward L. Bernays & The Birth of Public Relations
Richard Hofstadter. 1952. The Paranoid Style in American Politics

[Note: Here’s a post I developed on The Logic of Failure]

Ouachita: That’s easy for you to say!

Pronounced Wah-shi-tah

I spent a few weeks in Mena, Arkansas, doing stand exams. My Mom tells me that her father used to come here, from the Quad Cities, to do his hunting thing. At one time, he was considering moving his family to Arkansas. (I wonder if the fact that Mena is in a “dry” county had any influence on my Scotch-Irish grandpa) You can see that these forests are thick. While I still remembered a lot of my Dendro class, the rest of my co-workers didn’t all know their southern species. Amazingly enough, the poison ivy didn’t bother me, despite wandering through the knee-high growth. I’m very reactive to poison oak, in the west.

I spied this odd shortleaf pine, and immediately called it the Medusa Tree.

More Details on Colt Summit and ‘Collaboration’

The Colt Summit project area is located in the upper-center portion by the "83" and bend in the road. The surrounding area (including the portions of the Lolo National Forest and private lands) have been heavily logged and roaded, significantly compromising critical habitat for lynx, grizzly bears, bull trout and other critters.

Thanks to Sharon for her most-recent post (below) on the Colt Summit timber sale project on the Lolo National Forest.  Here is a link to the AP article, which takes a more balanced look at the project, the lawsuit and the “friend of the court” briefs filed this week.

As the AP article indicates, my organization, the WildWest Institute, filed a brief in support of the plaintiffs (Alliance for the Wild Rockies, Friends of the Wild Swan, Montana Ecosystem Defense Council and Native Ecosystems Council, all represented by the Western Environmental Law Center).

Our brief questions some of the claims made by the collaborators regarding the relationship of this Colt Summit logging project to the Southwestern Crown of the Continent (SWCC) ‘collaborative’ group.  We also question key aspects of the very nature of the SWCC ‘collaborative’ since the Forest Service and The Wilderness Society currently make up 43% of the voting block of the “collaborative.”

Yes, that’s right, unlike any other national forest ‘collaborative’ group that we know about in the country, the SWCC ‘collaborative’ allows Forest Service officials to be voting members.   Currently 7 of the 28 voting members of the SWCC ‘collaborative’ are Forest Service employees.

Also, the co-chair of the entire SWCC ‘collaborative’ for the past two years has been the Forest Service Supervisor of the Lolo National Forest.  Again, to our knowledge, this is something that isn’t done in any other national forest ‘collaborative’ around the country.  Ironically, a few weeks ago, the SWCC Charter was amended to remove the Forest Service from being able to co-chair the ‘collaborative;’ however, the SWCC ‘collaborative’ still allows Forest Service employees to be members and to vote as part of the ‘collaborative.’

Another issue to keep in mind is how the SWCC’s scheduling of meetings favors ‘collaborators’ who get paid to be part of the SWCC. Normal citizens, or organizations with limited resources, often cannot afford to attend mid-day, mid-week meetings at various locations around western Montana.  This is from our brief:

“SWCC’s scheduled meetings are always held on the third Tuesday of the month, currently from 1 pm to 4 pm. However, during the period [WildWest Institute] was a member of the SWCC, the meetings ran from 9 am to 4pm. Additionally, according the SWCC website, [SWCC’s] Prioritization Committee meets from 10 am to 2pm on various weekdays at the Seeley Lake Ranger District, north of Seeley Lake and [SWCC’s] Monitoring Committee meets from 1pm to 4pm on various weekdays, also at the Seeley Lake Ranger District office.

The fact that these meetings are held during the middle of the day, on a weekday makes it difficult for members and the general public to attend these meetings. Those individuals who have full time jobs not directly tied to national forest management must take time off work. Those who don’t live in the Seeley Swan area must also travel to and from the meetings, sometimes at great distance and cost. Forest Service employees, however, attend these meetings as a part of their position. Wilderness Society employees also attend these meetings as part of their full time jobs.  Taking days off work and traveling is not an issue for them because their attendance is a part of their job.

Furthermore, inability to make the meetings is penalized. Missing three consecutive meetings can result in an individual being stripped of their voting rights. See Id at R-5:68131. Therefore, the meeting schedule itself seems to give unfair favoritism towards those members who attend these meetings as a part of their full time job.”

No matter what the “feel-good” rhetoric is, the fact of the matter is that the Forest Service didn’t do a great job on their NEPA analysis for this project and there are some real concerns with this project and the process used to put it together.   For example, the Forest Service contracted the Finding Of No Signification Impact (FONSI) prior to completing the Environmental Assessment.  Here’s a snip about that from our brief [emphasis added]:

“…in a discussion of the upcoming EA, IDT meeting notes, dated April 27, 2010, state “The forest [service] has designed the project to have no significant issues so that a finding of no significant impact (FONSI) can be written after the environmental analysis (EA).” Colt Summit Restoration and Fuel Reduction EA, IDT Meeting Notes, I-8:926.  Document I-9 of the administrative record contains the above quotation, then furthers that idea by stating, “EA should already have reached conclusions on significance. Write from that point and perspective, providing support and evidence for no significance.” I-9:939. The following three pages basically provide a mini-seminar on how to persuasively say that the actions of the Forest Service have so significant impact on the environment.  See I-9:940-942.”

Here are some other issues to ponder.  While the ‘collaborators’ (lead by The Wilderness Society) sent out a media advisory worthy of a blockbuster Hollywood movie trailer (using words such as “targeted” “attacked” “bury it forever” “blowback” and “Ideological rift”), the simple fact of the matter is that the Lolo National Forest hasn’t faced a timber sale lawsuit in over 5 years and there have been 99 active timber sales on the Lolo National Forest between 2005 and 2010.

The ‘collaborators’ are claiming that the plaintiffs didn’t participate in the up-front planning for this project, which is a lie and completely untrue.  In fact, the actual public record for this timber sale actually reflects a higher level of involvement from the plaintiffs (Alliance for Wild Rockies/Friends of Wild Swan) than from some of the ‘collaborators.’ Indeed, plaintiffs attended all meetings, all field trips and submitted extensive, detailed and substantive comments during the entire NEPA process.

Finally, from the plaintiffs briefs, here are some details about the Colt Summit Timber Sale:

• 2,038 acre logging project in lynx critical habitat and MS1 habitat for grizzlies

• logging will occur in old growth and mature forest stands;

• logging will remove the dense horizontal cover in forest stands that is so important for lynx foraging and denning

• “vista” cuts to open views of the swan mountains for motorized users are part of the project

• technically, project is in WUI (as per the Seeley fire plan) but it’s 10+ miles from the nearest community

• project is in the important Summit Divide wildlife corridor – the best place for lynx and griz to cross H83 as they travel between the Bob Marshall Wilderness and Mission Mountain Wilderness

• logging is proposed in a number of wetland areas

• Forest Service shrunk the INFISH buffers (designed to protect native trout species, including bull trout) to accommodate project.

UPDATE Feb 29, 4:15 pm: Thanks to Larry H for finding the google map link of the Colt Summit project area (see comments section). I just added a photo to this post, which is a view of the Colt Summit project area (roughly upper center by the 83 and bend in road), which also includes an expanded view about 8 miles in any direction from the project area.  As anyone can see, the majority of the area around Colt Summit has been very heavily logged and roaded.

Conservationists oppose logging lawsuit in Lolo National Forest- More on Colt Summit

We have discussed the Colt Summit project here before, here and the Cone of Silence post here. There may be more, you can just use the search box to the right and type in “Colt Summit.”
It might be interesting to imagine that we were using objections instead of appeals and see whether you think this would have changed the dynamics at all.

Here’s a link to all the documents, which I got by typing in “colt summit project” into Google.

.. we have ringside seats to see how this litigation process goes. At this step, some conservation organizations are filing supporting briefs. Here’s a link to the news story.

Conservationists oppose logging lawsuit in Lolo National Forest

Story
By EVE BYRON Independent Record

HELENA – A proposed project that includes logging, roadwork and weed spraying on national forest land north of Seeley Lake is pitting a wide-ranging array of organizations against four environmental groups that filed a lawsuit opposing the work.

On Monday, organizations including the Seeley Lake fire department, the National Wildlife Federation, the Montana Wilderness Association, the U.S. Fish and Wildlife Service and Lewis and Clark, Missoula and Powell counties all filed legal briefs supporting the five-year project on 4,330 acres of the Lolo National Forest.

Representatives of those groups said that the “unprecedented interest in the case marks the first time such a large and diverse number of groups and individuals have ever assembled to defend a forest restoration project in the court of law.”

“We decided to get involved because this is a science-based decision and we had our staff truth-test it,” said Jean Curtiss, a Missoula County commissioner. “This area is such a unique, intact ecosystem, with all the plants and animals there that were there when Lewis and Clark came through.”

During a news conference Tuesday, representatives from some of those groups said the logging, burning and road treatments are direly needed to restore forest health and create a better habitat for wild animals that include endangered lynx, bull trout and grizzly bear, while at the same time lessening the threat of wildfires near communities.

“In the summer of 2007, we had the Jocko Lakes fire that covered 31,000 acres and cost $40 million,” said Frank Maradeo, the Seeley Lake fire chief. “We evacuated 85 percent of the community during that fire. This project, the Colt Summit, is at the north end of our fire district.”

They also pointed out that the project is a collaborative effort among a wide range of interests, including loggers, timber mills, environmental groups, community members and local, state and federal officials.

“What we are focused on doing is what’s best for the ground,” said Megan Birzell with the Wilderness Society. “There may be some cases where the best thing to do is to try to stop a project, but we think a better approach and one that’s more successful, rewarding and fulfilling is to seek positive solutions on the ground, recognizing there are places where active management is needed and is appropriate.”

But Michael Garrity, executive director of the Helena-based Alliance for the Wild Rockies, disagrees. That’s why his organization, along with the Friends of the Wild Swan, Montana Ecosystems Defense Council and the Native Ecosystems Council filed a lawsuit in federal court in November to try to stop the work.

“It’s not the right place for a timber sale,” Garrity said. “It’s critical lynx habitat. And if the whole idea is to protect the wildland-urban interface – it’s 10 miles north of Seeley Lake and there’s no community there. There are plenty of places around Seeley Lake where they could do logging, but this is just the wrong location.”

He added that they believe the environmental assessment done on the project violated the Endangered Species Act, the National Environmental Policy Act and the National Forest Management Act.

The project calls for logging and burning on about 2,038 acres; decommissioning or storing 25 miles of road; restoring four miles of streamside road and rerouting the access; reconstructing five miles of road; and conducting noxious weed herbicide treatments along 34 miles of national forest roads and on six acres of existing infestations.

In a brief filed by Montana Fish, Wildlife and Parks, the state agency said the project will have clear benefits for fish and wildlife.

“The Colt Summit Project will significantly increase the amount of secure lynx and grizzly habitat within an important riparian corridor, will remove roads that are sending sediment into a native trout stream, and will maintain sufficient cover to allow a variety of wildlife species to continue to move through the area,” said Jay Kolbe, an FWP wildlife biologist. “This project is thoughtfully planned out, grounded in good science and long overdue.”

Reporter Eve Byron can be reached at 447-4076 or [email protected].

Read more: http://missoulian.com/news/local/conservationists-oppose-logging-lawsuit-in-lolo-national-forest/article_378a11e8-6254-11e1-ae6c-0019bb2963f4.html#ixzz1nmbl5a3P

National Park Foundation spend more on itself than on Parks

(This press release was sent out today by PEER, Public Employees for Environmental Responsibility. – mk)

One in Three Dollars Reaches Parks; Rest Goes to Overhead and Corporate Support

Washington, DC — Most individual gifts to the official fundraising arm for the National Park Service never reach the parks themselves, according to Public Employees for Environmental Responsibility (PEER).  Personal contributions to the National Park Foundation are far more likely to be absorbed by overhead, fundraising expenses or the care and feeding of corporate donors.

The National Park Foundation (NPF) is a congressionally-chartered tax-exempt corporation designated to accept and administer gifts for the benefit of the National Park Service so as “to further the conservation or natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans,” in the words of its enabling statute (16 U.S.C. § 19e).  That status also excuses it from detailed reporting requirements imposed on other charities.

In Fiscal Year 2011, the latest reported year, less than one-third of NPF expenditures are grants to parks ($4.5 million).  A greater amount ($4.7 million) went for fundraising and administrative expenses.  Another $.5 million was spent on “program support” – a nebulous category that ranges from promotional materials for corporate donors to the hotel bar bill following the National Christmas Tree Lighting.

The FY 11 numbers were a sharp drop-off from FY 10 park grants but resemble the lopsided overhead pattern in FY 09.  Even these figures are inflated, however, as many of the grant dollars listed in its Annual Report come from “accept and administer” projects where NPF only acts as the fiscal agent.  It also counts the sizeable Flight 93 Memorial Campaign, which has its own governing board and does its own fundraising.

“Giving to the National Park Foundation is like trying to support a university by endowing its fraternity,” stated PEER Executive Director Jeff Ruch, noting that the rule-of-thumb for responsible charities is that 75% of every dollar raised should go directly to the program, not overhead.  “People who want to support national parks should look first to local park-specific ‘friends’ groups.”

NPF raises the bulk of its funds by concentrating on a handful of large corporate donors, many of whose gifts are restricted to activities tied to corporate marketing and campaigns.  NPF works to assure that corporate donors get a return on their investments by delivering marketing support and promotional perks such as “special visitation opportunities” for executives and key customers or “in-park activities including tours, events and interpretation” (quoting from Coca Cola “Proud Partner Sponsorship Agreement” with NPF and the Park Service).

A major plank of the National Park Service strategic plan for its 2016 centennial calls for creation of a billion dollar corporate-financed endowment through NPF to be administered outside the federal appropriation process.  The plan makes no provision for guarding against corporate contributors using big donations to leverage access or influence over park policy, such as the recent role of Coca Cola in blocking bans on sales of plastic water bottles inside national parks.

“There is no real accountability or transparency in the National Park Foundation,” Ruch added, pointing out that NPF does not believe it is subject to the Freedom of Information Act but surrendered documents PEER requested to settle a FOIA lawsuit PEER filed against it. “Part of the problem is that the National Park Foundation sees itself as a private corporation without obligation to the public.”

###

Look at the FY 2011 NPF Annual Report (budget on last page)

See “Program Support” status for Christmas Tree Lighting expenses

Examine the Coca Cola “Proud Partner” agreement

Examine Call for Billion Dollar NPF Corporate Fund (Step # 29)

Revisit Coke role in suspending Grand Canyon plastic bottle ban

Utah’s Sagebrush Rebellion Awakens

In September Char Miller didn’t give much credit to what he called Rob Bishop’s “Sputtering Sagebrush Rebellion“, [KCET’s “The Back Forty”, 09/21/2011]. Miller suggested that the rebellion might backfire in two ways, first by challenging President Obama to follow Bill Clinton’s lead by either invoking the Antiquities Act to establish yet-another national monument at the end of his term of office, or by helping to rally voters in favor of retaining both the public lands in federal ownership and Obama in the White House come November. But Utah’s Governor Hebert and Utah’s predominantly Republican legislators seem intent on pursuing this “Sagebrush Rebellion” at least as election-year politics, and maybe as a means to gain traction in the upcoming battle over federal education dollars in what we’ve called the “Secure Rural Schools” or “County Payments” debate that will heat up this summer. [Note: Rob Bishop is Chair of the Natural Resources Subcommittee on National Parks, Forests, and Public Lands, US House of Representatives.] A little more on the issue:

(From Ogden Standard-Examiner, Showdown Looms over Utah’s Public Lands, [02/27/2012])

There are four bills now in front of the Utah House of Representatives that form the basis of a legal challenge to the federal government’s right to control approximately two-thirds of the land in the state. The bills invoke promises dating back to when Utah gained statehood in 1896.

One resolution, sponsored by Rep. Roger Barrus, R-Centerville, calls for the federal government to turn over control of the land to the state by Dec. 31, 2014. …

To gain statehood, the Utah Enabling Act contained language stipulating that, as federal lands were transferred to the state, where they could then generate tax revenue, 5 percent of the funds would go to a trust fund for education. Most of the land has never left federal hands, and subsequently, the revenue stream has never developed. A number of officials claim that is why Utah ranks near the bottom of per-pupil funding.
U.S. Sen. Mike Lee, R-Utah, says the land debate raises big constitutional issues. He cites notes from the Constitutional Convention of 1787, in which Elbridge Gerry, a delegate from Massachusetts who would become the fifth vice president of the U.S., worried that federal control of land within a state would allow the federal government to force states to give “humble obedience” to the government.

“That concern 225 years ago still remains today. If you give too much land to the federal government, and let them hold it, and let them declare it (tax) exempt, you have a problem,” Lee said. He said Utah students and teachers deserve the revenue the land should be generating. Lee said Utahns also deserve the right to be on equal footing with other states that have few federal land holdings within their borders.

U.S. Rep. Rob Bishop, R-Utah, estimated in 2011 the revenue the state could generate by being able to impose a small tax on federal land holdings. He suggested that placing a fair tax on those properties, if they are not returned to the private sector, could provide a financial boon to education. He said even sagebrush property taxed at its lowest rate could potentially generate $116 million a year for the state. …

He said the land-use paradigms at the federal level change about every 40 or 50 years. He said it has been almost 50 years since the last change, and he thinks the Legislature’s efforts could be very timely.

“It is time, it is ripe for that discussion,” Bishop said.

[Rep. Roger Barrus, R-Centerville] said he and other lawmakers are prepared for a drawn-out dispute with the federal government. He expects neighboring states, including Idaho, Montana, Arizona and Nevada, to join the fray as well. He said the federal government has just not kept its promises. He likened the problem to the issue facing early colonists in America who had a feudal landlord in Great Britain.

[Update: March 23] Utah Governor Signs Bill Demanding Federal Lands

Gov. Gary Herbert signed a bill Friday that demands the federal government relinquish control of public lands in Utah by 2014, setting the table for a potential legal battle over millions of acres in the state. …

What do They Really Want?
While working up this post I ran into an expose of the late-1970s—early-1980s Sagebrush Rebellion, by Frank J. Popper titled “A Timely End of the Sagebrush Rebellion” (pdf), National Affairs 76, Summer 1984. Popper suggests that in the end the “Rebels” may have won a victory from what seemed to many a loss, in part by opening up the process of slowly selling some of the federal lands. It’s a point to ponder, when trying to figure out today’s Rebels want as they prepare for “a drawn-out dispute with the federal government” for control of lands they probably don’t really want—if they stop to think about it. To Popper:

The Sagebrush Rebellion did not fail—it ended because it achieved many of its goals. The Reagan administration rapidly found clever, politically appealing ways to start to transfer some public lands without having to ask Congress for new legislation. Watt’s Interior Department undertook a “good neighbor policy” that allowed state and local governments to request the department’s “surplus” lands. The initiative was soon broadened to an Asset Management Program whereby all federal agencies could sell their excess land in the West and elsewhere; the eventual sale of 35 million acres–an area the size of Iowa–was expected. Separately, the Forest Service prepared to sell up to 17 million acres. The federal land agencies sped up the transfers to Alaska’s state government and Native Americans authorized by the 1958 Statehood Act, the 1971 Native Claims Settlement Act, and the 1980 National Interest Lands Conservation Act. The BLM experimentally revived homesteading in the Kuskokwim Mountains in central Alaska. Numerous federal-Western state land exchanges were in exploratory stages, and seemed most advanced in Utah. [p. 68]

A McKenzie Bridge logging plan takes neighbors by surprise

(The following article appeared in today’s Eugene Register-Guard. – mk)

McKENZIE BRIDGE — Jerry Gil­mour is able to escape from Bend most weekends and drive over the Santiam Pass to his wooded retreat, a cabin he built on a 4-acre swath of pristine land bordering the Willamette National Forest.

 A few weeks back, Gilmour drove up the narrow road off Highway 126 that leads to his property in the small community of McKenzie Bridge, fired up the 100-year-old wood stove that once burned trash in a locomotive and took his yellow Labrador retriever, Kona, for a walk. It’s a routine.

But on this trip, as Gilmour trudged past his favorite old maple tree and through the woods on the edge of his property, something was different. Stapled to the trees were bright blue signs, bright orange markers, and flags dangling from the branches.

“Boundary cutting unit,” the signs read. The author: the U.S. Forest Service. The telltale markers of a soon-to-commence logging operation.

Gilmour was surprised, but as a part-time resident, he figured maybe he’d just been out of the loop. He did some investigating on the Internet and found the description and documents relating to the Goose Project, a 2,134-acre timber sale that will produce 38 million board feet of lumber, enough to fill 7,000 log trucks.

Then Gilmour drove to Edgar Exum and Claudette Aras’ house, which rises from a meadow in the shadow of Lookout Ridge on 20 acres that also border the national forest. Had they heard about the Goose Project? They hadn’t. Nor had any of the neighbors they wound up asking. Not even the publisher of the local newspaper, the McKenzie River Reflections, had heard about it.

Eventually, Gilmour and the Exums learned that a couple of conservation groups, Oregon Wild and Cascadia Wildlands, knew about the project, which the Forest Service had approved in 2010. The groups had appealed the sale, arguing that the agency failed to adequately describe how it would protect the 956 acres of spotted owl habitat in the area. The appeal was denied, the project approved, the 45-day window for public comment closed.

Which means Gilmour and his neighbors have no recourse for weighing in on a substantial logging operation that is literally in their backyards. No recourse to file an appeal or a lawsuit, because they didn’t comment on it in the first place. They can only watch and wait, for the buzz of chainsaw and the whir of helicopters to arrive and start plucking trees out of the forest, one by one.

Except, watching and waiting is not in these neighbors’ DNA. They’ve embarked on what may be a quixotic quest to persuade the Forest Service to stop the Goose Project, gather public input, answer questions from people in McKenzie Bridge and consider changes to the operation.

“They just didn’t tell us,” Edgar Exum said. “That’s my major objection.”

Added Aras: “Burying it in the legal notices is not notification. It just isn’t.”

The Forest Service has no obligation to listen. The agency published a notice of the proposed timber sale in the small print of The Register-­Guard’s classified ad section in 2010, and the 45-day public comment period that followed has expired. But Terry Baker, the McKenzie River District ranger, who was not in that post in 2010, said he’s come to a conclusion that may surprise Gilmour and his neighbors:

“As a district, we dropped the ball on contacting some of the adjacent landowners and community members about the project,” he said.

In addition to the legal notice, the district did contact a few community leaders and held a field trip before finishing the project design, Baker said. That resulted in some changes, among them an agreement that no trees greater than 36 inches in diameter will be cut within 350 feet of a private residence. But the Forest Service could have done better, Baker said. What he would have done is study a map of the property and contact all property owners within a quarter-mile of the project, mailing out notices to all involved and inviting them to participate in the discussion, he said.

While he can’t turn back time, Baker said he’s looking at holding a public meeting in the next few weeks and talking with landowners between now and then to discuss their concerns. He also intends to set up a “community monitoring group” that will keep tabs on the project as it develops and provide feedback that could be used to make changes as it progresses or be taken into consideration on future jobs.

Whether any of that will address the residents’ specific concerns depends on how talks with the Forest Service play out in the coming weeks. The first of five sales of timber closed on Thursday, and it’s unlikely that even a renewed effort to gather input would result in major changes to the project.

Still, “If there are site-specific concerns landowners have, I’m willing to work with them,” Baker said. “There’s going to be a threshold. I’m not sure what it is yet.”

Some of the neighbors’ concerns have already been addressed by the Forest Service in its response to the two conservation groups’ appeal of the project.

Doug Heiken, conservation and restoration coordinator for Oregon Wild, said the Forest Service should have chosen an alternative that avoids logging in mature forests and in riparian areas and that cuts back on the 7.7 miles of temporary roads that will be built to support the project. Beyond that, he said, the 965 acres of spotted owl habitat should have prompted the agency to conduct an Environmental Impact Statement, a more detailed analysis than what the Forest Service did, which was an Environmental Assessment.

“We shouldn’t be logging mature forests in riparian reserves,” Heiken said.

Most of the project involves thinning young planted stands, which is good for fire suppression and wildlife foraging, Heiken said. In fact, Baker says those are among the key reasons the project is happening in the first place: to improve the forest and reduce hazard fuel levels, along with supplying local communities with sustainably harvested timber.

But some residents in McKenzie Bridge question the Goose Project’s 322 acres of “gap” cutting, which they say is a euphemism for clear-cuts, which could result in scars to an otherwise lush forest.

“That ridge is going to resemble a checkerboard in 20 years,” Edgar Exum said.

Baker said the gap cutting on the project is designed to help species from butterfly to elk to ground squirrels who do better in the brushes and shrubs that comprise “early seral habitat,” areas that exist before conifer trees begin to block out the light. As for riparian reserves, that part of the effort is aimed at improving riparian reserves by doing thinning that could allow larger trees to flourish, he said. And the decision to go with an Environmental Assessment was based on consultations with other agencies that resulted in a conclusion that no endangered species would be harmed by the project.

What bothers Gilmour, Exum, Aras and others is that they never got a chance to ask their questions, raise their concerns and have them answered directly. They see good things about the Goose Project, too, but they want more input, information and involvement.

“People around here ought to have known the answers to these questions,” Gilmour said.

The Black Hills, Where East Meets West

It is no wonder that outdoor enthusiasts so treasure the Black Hills. Where else do western and eastern trees mingle, living in apparent harmony? Spruce, pine, birch, aspen and burr oak are some of the combinations. I shot these pictures while doing goshawk surveys. These are also available for free limited use.

This sure beats walking in manzanita or bear clover!

It is the wet areas that harbor the most biodiversity. Lush and green.

The higher elevations in the Spearfish RD have these spacious meadows. I ran across this old truck, abandoned long ago.

My best (photo) work is from National Parks. I have extensive amounts of pictures from Yosemite, Crater Lake, Zion and Bryce Canyon National Parks. I’m currently building this Facebook fan page but, there are enough photos there now to keep you distracted for a while. If you like them, please “Like” Larry Harrell Fotoware. Thanks, and enjoy!

http://www.facebook.com/pages/Larry-Harrell-Fotoware/145797075533465

Quick Blogging Break

I’m going on retreat today and to D.C. Sunday to Tuesday, where I hope to learn interesting things to post here, and be on the blog only intermittently through that period. Others are encouraged to post. Also, please consider responding to the Blog Reflection on the sidebar, either on the blog or to [email protected].