JANUARY 5, 2007


                                            

2007 New Year’s Resolution:

                                   ~ No Accidents in 2007! ~

 

FROM THE WEEKLY REPORT

 

 

DEP Issues Compliance Order to Allegheny NF:  On Dec. 14, 2006, the Pennsylvania Department of Environmental Protection (DEP) issued a Compliance Order to the Allegheny National Forest mandating that construction activities cease on new water and sewage facilities and a warehouse, pending corrective action in erosion and sedimentation control.  The construction began on June 6 at the Bradford Office Administrative Site after five years of planning, site design, and award of a site construction contract.  The DEP made several site visits and recommendations, which the Forest addressed immediately.  In Aug. 2006, the Allegheny applied for a National Pollution Discharge and Elimination System permit after notification of the requirement by DEP and after being assured    that construction could continue in the interim. A notification by the DEP on Oct. 3, 2006, that the permit application was incomplete resulted in FS submission of a revised application on Dec. 6, 2006.  Forest Supervisor Kathleen Morse has been in communication with the head of DEP’s Northwest Pennsylvania Division and a meeting has been set for Jan. 8, 2007, with the objective of getting the project back on track and improving relationships.  Congressman John Peterson (R-PA-5) has a high level of interest in this project and his office has been contacted by Kathleen. 

 

Final Payment Under the Secure Rural Schools Act: On December 28 Secretary of Agriculture Mike Johanns announced that more then $385 million will be distributed to 41 states and Puerto Rico for improvements to public schools, roads and stewardship projects. This is the sixth and final year of the payments as authorized under the Secure Rural Schools and Community Self Determination Act of 2000.  The Forest Service has distributed more than $2 billion under this legislation since 2001 to assist counties in maintaining and improving local schools and roads.  The Secure Rural Schools and Community Self-Determination Act was developed to stabilize payments to counties because the historical 25% of revenues that counties received tended to fluctuate and in some cases had been greatly reduced due to cuts in national forest timber programs.

 

Judge Rules in Favor of the Forest Service in Glisson v. Forest Service:  On Dec. 11, 2006, Judge Michael J. Reagan denied plaintiff-intervenors’ fourth motion for contempt in Glisson v. Forest Service, a case involving management of equestrian recreation on the Hidden Springs Ranger District of  the Shawnee National Forest (IL).  The Judge found that the Forest Service has been reasonably diligent and energetic in its law enforcement efforts concerning un-permitted equestrian camps.  A hearing is scheduled for Jan. 19, 2007, to consider the government’s request to end judicial oversight in this case. 

 

Meeting with Congressman: On Dec. 19, 2006, the Regional Forester for the Pacific Southwest Region of the Forest Service met with Congressman Sam Farr (D-CA) in Salinas, CA to talk about legislation that Farr was expected to introduce in the next Congress to create the Big Sur National Forest.  Details about the boundaries are still being considered. The proposed new national forest will be managed by the Los Padres National Forest and become the 19th national forest in California.

 

Kings River Project Record of Decision.  A Record of Decision for the Kings River Project was signed by the Sierra National Forest (CA) Supervisor on Dec. 20, 2006. Recent fires in the Sierra Nevada have not only threatened communities but have destroyed thousands of acres of habitat for sensitive wildlife species. The selected alternative will treat more than 9,000 acres of Wildland Urban Interface zones, create approximately 1,865 acres of Defensible Fuel Profile zones, and implement more than 9,000 acres of fuel burn treatments and 2,000 acres of California Spotted Owl study thinning treatments.  The decision is subject to appeal which must be filed within 45 days from the publication date of the notice in the Fresno Bee.

 

Agreement signed on Idaho Fire Plan  On Dec. 12, 2006, a strategy to implement National Fire Plan initiatives was adopted and signed by the Idaho State Fire Plan Working Group (State Working Group). The Idaho Statewide Implementation Strategy for the National Fire Plan provides a collaborative framework for an organized and coordinated approach to the implementation of the National Fire Plan. The State Working Group is a collaborative body composed of individuals representing state and federal agencies, counties, tribes, and non-governmental organizations.

 

Forest Service Extends Comment Period on Open Space Conservation Strategy:

On Dec. 14, 2006, a Federal Register notice was published extending the public comment period for development of the Forest Service open space conservation strategy and implementation plan.  The strategy will help shape the agency’s role in a national effort to address the loss of open space on private forests; on the National Forests and Grasslands and surrounding landscape; and on forests in cities, suburbs and towns.  The comment period was extended from Dec. 13 to Dec. 29, 2006. The Forest Service is also seeking feedback from all levels within the agency and has conducted three ‘by-invitation-only’ listening sessions.  The Forest Service will use input from partners and the general public to generate ideas for programs, research, partnerships, and policy recommendations to foster open space conservation across          the nation.  The strategy will be completed by May 2007.

 

Nine Projects Recognized Through New Two Chiefs’ Partnership Awards:  On Dec. 7, 2006, for the first time, nine projects received the Two Chiefs’ Partnership Award for successful collaborative efforts in support of conservation and forest stewardship.  The awards were presented at a ceremony following a joint meeting of the leadership of the Forest Service, Natural Resources Conservation Service, and state forestry agencies.  The purpose of the meeting was to identify opportunities to collaborate more effectively on natural resource issues. The partnership award recipients were from across the country and highlighted existing successful partnerships among the agencies and state and local partners.  The projects were: Fire Protection in San Bernardino, Riverside, and San Diego Counties; North Dakota Living Snow Fence Task Force; Restoration of Riparian Forests on the Hopi Reservation; Vermont Envirothon; National Agroforestry Visual Simulation Kit; New Hampshire Environmental Quality Incentives Program; Southeastern Silvopastural       Initiative; Cooperative Conservation in Missouri; and Arizona National Forests Environmental Quality Incentives Program.

 

County Line Project Gets Green Light:  On Dec. 6, 2006, a U.S. District Court judge ruled in favor of the Rio Grande National Forest (CO) on the County Line Project.  Four environmental groups and three individuals filed a lawsuit seeking to halt logging of the spruce beetle-        infested forest near Trujillo Meadows Reservoir.  The plaintiffs claimed the Forest violated National Forest Management Act and National Environmental Policy Act by not analyzing the impacts of the proposed logging on wildlife, soils, and stream health.  Judge Figa denied the request for an injunction on all claims.  The Forest is planning at least three timber sales in the project area to salvage dead and dying trees on 841 acres and thin green trees on 715 acres.  Logging may begin as early as June or July of 2007.

 

Forest Health Project Released:  On Dec. 6, 2006, the White River National Forest (CO) announced changes to a mountain pine beetle forest health project in response to changing conditions and concerns raised during an appeal process.  The changes include removing 280 acres of aspen regeneration treatment from the project and placing 700 acres of beetle-killed lodgepole pine on hold for a commercial timber sale.  The Forest and the town of Vail have agreed to perform $1.5 million worth of projects over the next five years to remove dead and dying lodgepole pine using the Vail Valley Forest Health Project.

 

Ski Area Gets Upgrade Permission:  On Dec. 8, 2006, the White River National Forest (CO) gave the Arapahoe Basin ski area permission to upgrade one lift and add another, resulting in an expansion of skiable terrain from 490 acres to 837 acres.  Arapahoe Basin, with the nation’s highest skiable terrain on the Continental Divide about 70 miles west of Denver, will have seven lifts and be able to comfortably accommodate 3,910 riders a day, compared with the existing 3,210.

 

Firefighters’ Families to Receive Donations:   On Dec. 9, 2006, Congress passed legislation that would allow the United Way in Hemet, CA to distribute more than $1 million in donations to the families of the five firefighters who were killed in the Esperanza Fire on the San Bernardino National Forest (CA).  The legislation permits the United Way to donate the money and still remain tax-exempt.  Those who donate can benefit from a tax write-off and the families who receive the money will not be taxed. 

 

DOT Highway 33 Project on Wayne National Forest.  The Ohio Department of Transportation (O-DOT) project to reroute Highway 33 around the city of Nelsonville and through parts of the Wayne National Forest is beginning to take shape and attract local opposition.  Joint public hearings with Ohio Environmental Protection Agency and Corps of Engineers have been held for permits that address water quality.  This, along with progressive cutting along the proposed route on the Wayne NF, has drawn the attention of the Sierra Club, which to date had not displayed noticeable opposition.  Currently opposition is directed at the project and O-DOT, with only mention of the potential impact to the Forest or indigenous wildlife.  The project is currently estimated at more than $130 million.  Contracts are expected to be awarded for construction in late summer 2007.  The 8.75-mile bypass will take up about 375 acres of National Forest land. 

 

 

 

 

AND IN THE MEDIA…..

 

Associated Press: On Thursday, January 4th, the AP ran a story titled Man charged in wildfire deaths arraigned.  A former U.S. Forest Service crew boss was wrongly singled out when he was charged with involuntary manslaughter in the deaths of four firefighters in a 2001 wildfire, his attorney said Thursday.  Ellreese N. Daniels, who was charged last month but not arrested, appeared voluntarily in federal court where prosecutors accused him of being grossly negligent in failing to order his firefighters out of harm's way as flames advanced on them near Winthrop.  Daniels, a seasonal U.S. Forest Service employee, was also charged with lying to investigators.  "We're horrified the government has elected to file charges," federal public defender Tina Hunt said after her client was released on his own recognizance.  She argued any claims against her client belonged in civil court, not criminal court.  "This case has far-reaching consequences for all people who fight fires and put themselves in danger every day," Hunt said.

 

Greenwire: On Wednesday, January 3rd, Greenwire ran a story titled Case challenging reviews for logging projects heads to Supreme Court conference, written by Dan Berman. The Supreme Court will consider at a conference Friday whether to hear arguments in a case questioning how much scientific review is necessary for logging projects in national forests.  A group of Montana counties, school districts, the timber industry and the Justice Department are asking the high court for a writ of certiorari to hear an appeal of a 9th U.S. Circuit Court of Appeals ruling they say imposes new scientific and procedural requirements on the Forest Service.  Justices are scheduled to decide as soon as Monday whether to hear oral arguments in Mineral County, et al., v. Ecology Center, Inc. Critics of the 9th Circuit ruling say it expands what the Forest Service must do before it makes a decision under the National Environmental Policy Act, Administrative Procedures Act or the National Forest Management Act.

 

Baltimore Sun: On Tuesday, January 2nd, the Baltimore Sun wrote an editorial titled Shut out of the forests. Citizen activists have been a bane to the Bush administration -- particularly on environmental regulations. They ask questions. They file lawsuits. They try to thwart nearly every administration attempt to cut the red tape surrounding use of the nation's natural resources and wind up adding greatly to the cost of these gambits.  So the administration has decided to simply eliminate the bothersome environmental reviews previously applied to management plans for the 193 million acres of national forest.  If there's no requirement to consider the impact of activities such as mineral extraction or hazardous waste shipments, those effects can't be used to challenge the plans. Such efficiency comes at too high a price. Shutting citizens out of planning for the national forests is not only anti-democratic but a dangerously short-term approach to managing a resource intended to remain intact indefinitely.

 

New York Times: On Tuesday, January 2nd, the New York Times published an article titled As Costs of Wildfires Grow, So Does a Question: Who Should Pay?, written by Kirk Johnson. The steeply rising cost of preventing and suppressing wildfires, which burned more of the American landscape in 2006 than in any other year since at least 1960, is creating a rift between Washington and state and local governments over how the burden ought to be shouldered.  A study issued in November by the inspector general’s office of the United States Department of Agriculture, the parent agency of the Forest Service, said the nature of the wildfire threat was changing as private homes and communities pushed ever closer to the boundaries of once-remote public lands. Those communities and landowners, rather than federal taxpayers, should have to pay for more of their own fire protection, the report concluded.  States and local governments are gearing up to fight back in Congress, arguing that decades of federal mismanagement of national forests and open spaces, not development, created the threat and that little communities with few resources are neither responsible for it nor equipped to make a difference.

 

Missoulian – On Sunday December 31st, the Missoulian ran an article titled Firestorm of Controversy Follows Forest Service Rule Change, written by Perry Backus.  Northern Region 1 Forester, Gail Kimbell has a pair of visual aids in her presentation about the U.S. Forest Service's new planning process.  Resting on her desk is a copy of the Kootenai National Forest's 1987 land use plan - three large green binders containing the forest plan and its accompanying environmental impact statement.  The total package is maybe a foot and a half tall.  In Kimbell's hand is a copy of a forest plan revised under the new rules.  It's maybe half an inch thick.  The Forest Service is in the midst of fundamental change in the way it develops its long range land management plans. “We're pretty excited about this new process,” Kimbell said. “We think that it better reflects what the public wants from its national forests.” In December, the agency completed an environmental review of the 2005 planning rule and concluded that new forest plans no longer need detailed environmental impact statements. The proposal to list the land use plans as a “categorical exclusion” was then published in the Federal Register.

 

 

 

PERSONNEL NEWS

 

STEVE WILLIAMS has accepted the Forest Supervisor position on the Custer National Forest in Region 1.

 

TINA TERRELL has accepted the Forest Supervisor position on the Sequoia National Forest.

 

PATRICIA GRANTHAM has accepted the Deputy Forest Supervisor position on the Klamath National Forest.

 

ED HOLLENSHEAD has accepted the position of Director of Aviation and Fire Management.

 

 

 

 

 

 

IN THE NEAR FUTURE

 

CHIEF DALE BOSWORTH AND THE DEPUTY CHIEF FOR BUSINESS OPERATIONS HANK KASHDAN will be traveling to the  Albuquerque Service Center for the Open House of the Human Capital Management Building …ASSOCIATE CHIEF SALLY COLLINS will be traveling to Lake Arrowhead for the Partners Outdoors Meeting at the beginning of the week and then will be back in DC by Friday for a NACO MOU signing ceremony at the White House…

 

 

 

The Weekly Report is compiled from input by field units and Washington Office staffs as well as from news articles, newsletters and other sources.