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ARIZONA STATE LEGISLATURE
Fiftieth Legislature – First Regular Session
HOUSE AD HOC COMMITTEE ON ARIZONA FORESTS
RESTORATION MANAGEMENT
Minutes of Interim Meeting
House Hearing Room 4 -- 10:00 a.m.
CoChairman Barton called the meeting to order at 10:15 a.m. and attendance was noted by the secretary.
Members Present
Representative Brenda Barton, CoChairman
Representative Chester Crandell, CoChairman
Representative Albert Hale
Representative Lynne Pancrazi
Members Absent
Representative David Stevens (excused)
Opening Remarks
CoChairman Barton announced that there will be a change in the sequence of presentations from the agenda.
Presentations
Sandy Bahr, Sierra Club, gave
a slide presentation (notes, Attachment 1), stating that Arizona’s Ponderosa Pine
forests have become degraded by unsustainable historical land uses and are
currently threatened by unnaturally severe fires, drought and climate change. Old
growth is the cornerstone of a forest ecosystem. Old growth forests are
composed of trees of many different ages and sizes, and at one time, most of
the Southwest’s forested landscape was composed of old growth. A variety of
factors have contributed to a forest that is now dominated by smaller diameter
trees; less than five percent of the Southwest’s old growth forests remain. It
is critical to preserve the largest and oldest trees that are still present because
those trees are more
fire-resistant and provide important wildlife habitat.
She said historically, the majority of fires in the Ponderosa Pine forest were cool burning surface fires that favored old growth trees and native grasses; however, the management activities that removed fire as a natural process have altered fire behavior. Today’s forests have a high density of small trees, which contribute to increased surface fuel loads and act as fire ladders allowing surface fires to become crown fires. Because the crowns of the smaller trees ladder into the higher tree crowns, crown fires can kill large numbers of trees, including old growth. In addition, Arizona has had and continues to have historic drought. Those conditions, along with high winds, irresponsible people in the forest and possibly climate change have resulted in extremely large and intense fires in the last ten years; however, fire should not be eliminated from the forest ecosystem. Instead, prescribed burns can be used to thin the small trees, which will help reduce the understory fuels that ladder to crown fires, as well as focusing on Wildland Urban Interface (WUI) areas and community protection.
Ms. Bahr noted that the Sierra Club has participated in many forest processes over the years and has been participating in the Four Forest Restoration Initiative (4FRI). She added that there is significant public, political and scientific support for setting the forests on a path to recovery by preserving the large, old trees, thinning the smaller trees, reducing fire threats to communities and reintroducing natural processes, including fires, which is a massive undertaking. Getting this initiative off the ground has required tremendous cooperation and seeing it to fruition will require even more.
Mr. Hale asked about reintroducing grazing and allowing commercial cutting to better manage the forests. Ms. Bahr opined that she does not believe cows and chainsaws are the answer to restoring the forests. There is plenty of common ground as to what can be done without implementing measures on which there is significant disagreement.
Mr. Hale asked if, in order to achieve balance, portions of the forest can be designated for grazing and commercial cutting. Ms. Bahr responded that there are very few areas where grazing has been eliminated. She added that she does not believe balance would be achieved by logging a few big trees; this is an issue where there is not much agreement.
CoChairman Crandell noted that testimony was provided by the State Forester of the United States Forest Service (USFS) that the optimum stand for forests is about 20 trees per acre. He said he believes there are currently about 2,000 trees per acre, and questioned if taxpayers have enough money to thin those areas to the optimal stand, or if commercial cutting should be allowed to help pay for the restoration that is needed to attain optimal stands and healthy forests. Ms. Bahr responded that she does not believe taxpayers have a lot of money. The money that is available should be used where it can make the greatest difference by thinning wherever it is possible, using fire for restoration work and trying to find ways to utilize smaller wood products. It may not be possible to support 20 trees per acre across the landscape because it is not practical nor warranted in every area, although it may be warranted in some areas.
CoChairman Crandell noted that an additional listing to the Endangered Species Act (ESA) cost taxpayers about $218 million and opined that the ESA has been used to shut down commercial logging. Ms. Bahr responded that she does not believe the ESA is being used to stop economic activities, but to try to recover species. One way to avoid the cost of listing is to address factors contributing to the species decline before the species becomes imperiled; however, when a species declines to the point where it warrants listing, it should be listed and recovery plans developed and implemented. The ESA is a very important law and recovering species is an important goal of the Sierra Club.
CoChairman Crandell asked if a study was conducted on how many endangered species in the Wallow Fire area went to the Apache Forest for better hunting opportunities and habitat in order to survive, and how much endangered species habitat was destroyed in the fire. Ms. Bahr responded that she is unaware of any research specific to endangered species in the area. She added that she does not know how much of the habitat was destroyed because there are a number of endangered species such as fish, the Mexican spotted owl and other birds, that have different habitat needs.
In response to a question, Ms. Bahr clarified that fire on the ground burns some of the smaller trees and shrubs and fosters regrowth of native grasses. She opined that fire acts differently from grazing and indicated that she has not seen any research to indicate that grazing emulates fire, although there is much research to indicate that fire fills a different role than livestock grazing. CoChairman Crandell said he believes research is available showing that grazing emulates fire, which Ms. Bahr indicated she would be glad to review.
CoChairman Crandell asked if the
Sierra Club would be willing to suspend all of the National Environmental and
Policy Act (NEPA) and ESA requirements, manage the forests the way the USFS
believes it should be done and compare the health of the forests at the end of
10 or
20 years versus the 30 years of data that has been collected leading to the
forests of today.
Ms. Bahr responded in the negative, opining that public participation is a very
important part of the process that allows for varying perspectives and provides
information that might otherwise be left out in moving forward and making good
decisions.
David Tenney, Supervisor, Navajo County, gave a slide presentation (Attachment 2). He conveyed that at the time it occurred, the Rodeo-Chediski Fire was the largest fire in Arizona history, burning 468,000 acres, destroying over 400 homes and costing $50 million or more to fight, not including restoration activities afterward. All of the homes destroyed are located in the district that he represents; he was evacuated because of the fire, which burned four homes in his subdivision.
He stated that his family was involved in the timber wars during the 1980s and 1990s. Their timber company and many others were in litigation with the USFS and environmental groups such as the Center for Biological Diversity. The timber wars produced litigation and court orders stopping logging, causing companies like theirs to go out of business. The once-vibrant timber industry in Arizona is now virtually nonexistent, which led to overgrown stands and fires like the Rodeo-Chediski Fire that occurred in 2002 and the recent Wallow Fire. Ecosystems that once had a lot of space in between trees are now very cluttered.
Mr. Tenney stated that after the
Rodeo-Chediski Fire, many people realized that something had to be done, which
resulted in the White Mountain Stewardship Project. The goal was to thin
150,000 acres over a 10-year period, but unfortunately, those goals have not
been met; only about half of the acreage has been thinned. Cost has been a
significant issue, so a new model was developed called 4FRI, which is a
collaborative effort involving numerous stakeholders to restore forest
ecosystems on portions of four national forests from the Grand Canyon to
New Mexico. He related that over three years, monthly meetings have been held
and thousands of man-hours spent by different organizations to lobby for
support to get the work done to thin the trees. It is expected that 4FRI will
provide public safety and create a sustainable economic engine over the 20-year
lifetime of the project.
Mr. Tenney said NEPA is a big issue that 4FRI participants would like the USFS to accelerate from 2,000-, 3,000- or 5,000-acre pieces to 750,000 acres and eventually 1.5 million acres. Requests for Proposal (RFP) are currently out and bids will be received in a few weeks. It is anticipated that the USFS will award contracts on the first 4FRI project by the end of 2011. He noted that the Project and 4FRI combined have been working for nine years and thousands of acres have already been thinned; many thousands more acres will be thinned because of the work that has been going on. He opined that 4FRI is not the only answer to forest health issues, but it is one answer that is most likely to occur in an expeditious fashion on a landscape scale.
CoChairman Barton commented that it is important to be able to see the difference between a thinned and unthinned forest where the understory developed over a number of years from below the soil up to the crowns of the trees. She applauded the work of 4FRI stakeholders and asked if NEPA work is required before contracts can be executed and work can begin. Mr. Tenney responded that NEPA work is already underway on the first 750,000 acres of the 4FRI project, which is anticipated to take about 18 months and is about halfway completed. The goal is for the NEPA portion and contract awards to finish at about the same time so the work can be done.
CoChairman Barton read the first
phrase of the NEPA policy passed in 1969 “to declare a national policy which
will encourage productive and enjoyable harmony between man and his
environment, to promote efforts which will prevent or eliminate damage to the
environment and biosphere and stimulate the health and welfare of man.” She
remarked that it is important to remember what started the NEPA process and
look at how it became such a monster.
Mr. Tenney indicated that accelerating the NEPA process will make it work for
the stakeholders rather than having to work around the process.
In response to a question, Mr. Tenney stated that everyone agrees there are too many small trees, so the focus is on thinning trees that are 16 inches in diameter and smaller, which have caused the congestion and clutter leading to ladder fires that get up into the crowns of trees. There are some exceptions, for example, if stakeholders agree that removal of a large tree in a meadow or riparian area will benefit the area. If there were not so many small trees, fires would burn along the ground and the trees would survive.
With regard to accelerating the NEPA process to 1.5 million acres, Mr. Tenney related that originally 2.4 million acres were broken into three areas for the NEPA process. Now that the jump has been made from a 5,000-acre scale to 750,000 acres, the USFS and stakeholders believe it is much easier to go ahead and perform one NEPA study on the remaining 1.5 million acres, which will begin shortly.
Mr. Hale expressed appreciation to Mr. Tenney and Ms. Bahr for their presentations. He noted that everyone is involved in this issue together and he is glad that organizations that were former enemies are collaborating to find solutions.
Public Testimony
Jim Lane, Mayor, City of Scottsdale, said he appreciates that what he heard from the presentations is transpiring, as well as Mr. Hale’s comments about balance. Significant problems are created when a conclusion cannot be reached and resolutions are frozen in inaction, generally due to judicial reasons. Recent events, such as the Wallow Fire, brought a bitter reminder that it is time to commit to responsible forest management practices. He said he recently initiated and sponsored, along with the Town of Payson, a resolution to the Arizona League of Cities and Towns stating that all 91 cities and towns within the state “urge the Legislature to support and the U.S. Congress to enact effective and large-scale forest restoration efforts for Arizona and other western forests to improve forest health and to reduce the risk from catastrophic wildfire.” He indicated that he is looking forward to working with the Legislature to convince the federal government of the seriousness of this issue and the strong desire for results.
Mayor Lane stated that he is an advocate of Senator Jon Kyl’s efforts with 4FRI, which he views as an effort to implement restoration treatments on millions of acres of forested land that will be accomplished through collaboration of stakeholders. As past president of the Arizona Municipal Water Users Association (AMWUA), he is aware of the consequential effect of the mismanagement of forests on the watershed, which impacts everyone in the Valley, as well as the wildlife devastation.
Mr. Lane concluded by stating that he respects the arguments made by the environmental community for not touching these lands. He is a strong advocate of conservation and as Mayor of Scottsdale, he oversees the McDowell Sonoran Preserve, which consists of thousands of acres purchased by the citizens for the purpose of preservation, but it is not completely untouched. The Preserve must be managed and looked after from the standpoint of nonindigenous and pervasive types of grasses and vegetation that can become a fire hazard. He opined that the same level of care should be exercised with the national forests.
Presentations (continued)
Ethan Aumack, Grand Canyon Trust, conveyed that the Trust started working on and leading efforts to initiate forest restoration in the Flagstaff area after the Horseshoe and Hochderffer fires in 1996 through what was then the Grand Canyon Forest Partnership and later became the Greater Flagstaff Forest Partnership, which continues to this day. Between 1996 and 2002, significant efforts were focused on forest restoration at the community level with fairly small scale work on hundreds of acres to thousands of acres, and visions for work on tens of thousands of acres. After the Rodeo-Chediski Fire in 2002, Governor Janet Napolitano reinitiated the Governor’s Forest Health Council to focus on forest management and restoration issues and to bring people together to find solutions to problems vexing the state as exemplified by that fire. He has been chairing what is now Governor Jan Brewer’s Council for the last six years.
He related that the long and
arduous process to identify areas of agreement for moving forward ambitiously
in forest management and restoration culminated in a document, Statewide
Strategy for Restoring Arizona’s Forests, which was published in 2007 and laid
out a roadmap for landscape-scale forest restoration across the state. Eventually
4FRI was implemented. It is a
2.4 million-acre initiative with the first planning effort spanning across
750,000 acres and an unprecedented level of collaboration. The level of
scientific support for this effort is unparalleled and the level of involvement
and opportunity for integrating industry into this process is unique. It will
be the largest restoration contract ever awarded in the history of the USFS.
Mr. Aumack noted that the Collaborative Forest Landscape Restoration Program (CFLRP) allocated up to $40 million in federal funds annually to landscape-scale restoration efforts. The 4FRI competed for some of the funds and was ranked first in the country in its capacity to implement landscape-scale restoration. The project is nationally known and at the top of the priority list for the USFS and the United States Department of Agriculture (USDA). The contracting process should culminate in the award of a contract in the fall of 2011, which should be a significant step on the industry side to allow the infrastructure to be developed so the work can be done at the scale which it is believed is necessary. Also, attempts are being made to finish the planning and NEPA work by 2012 so the 750,000-acre plan can be completed. He thanked participants in the effort and the USFS.
CoChairman Barton remarked that it is good to know that Arizona ranked first in something, albeit over a million acres of land were burned, but she is glad the funds are available. She said she appreciates the efforts in putting 4FRI together and working on the NEPA process to correlate with the contract award so implementation can begin after all the years of planning.
In response to a question about funding, Mr. Aumack provided the following information:
§ The federal government is receiving several million dollars per year to support the planning, administration and preparation for the first phases of the project. Some of the money from the regional office goes to a special team that is directed to implement the project; some is directly through the CFLRP to the USFS. It is impossible to determine the specific budget for the project’s later phases.
§ A significant amount of additional capacity is being brought in by non-federal partners and the state in terms of in-kind contributions of time and resources.
§ Counties and nongovernmental organizations (NGO) contributed man-hours and NGOs funded the development of science in this effort.
§ In the intermediate to longer-term, much of the capacity for this effort will be from offset of per-acre treatment costs by appropriately-scaled industry.
CoChairman Barton stated that she appreciates hearing about industry, which is needed in rural Arizona. People need jobs and Arizona needs the revenue; the tax base will be increased because people will buy products.
CoChairman Crandell asked how it is possible to start new growth by continually removing trees 16 inches or less in diameter and not removing old growth so sunlight can target the forest below. Mr. Aumack responded that is a complicated issue that was discussed by the group, but with 4FRI there are strategies for retaining large trees and rationales and exceptions for cutting large trees when it is appropriate. Also, in the past there have not been too many problems with regeneration. One of the primary driving agents that could lead to not enough regeneration is large, unnaturally severe fires, so the intent is to thin the trees and bring fire back into the system in a more controlled, lower-intensity fashion that allows and facilitates regeneration in a more balanced way.
CoChairman Crandell asked if
there was any discussion about maintaining a healthy stand of
20 trees per acre and providing enough light to allow for new growth over a
period of time.
Mr. Aumack replied that there was much discussion about desired future
conditions related to everything from wildlife habitat to fire characteristics
across the landscape to stand structure characteristics. Across the 750,000-acre
area and within the context of the EIS that is moving forward now, the area is
broken up into smaller sections, each of which has an associated set of desired
future conditions and management activities to take the areas at least close to
the desired future conditions, if not to them.
Richard Lunt, Supervisor,
Greenlee County, gave a slide presentation, providing statistics about Greenlee County (Attachments 3 and 4). He discussed the Wallow Fire, which was ignited in
May 2011 and later became the largest wildfire in the history of Arizona,
affecting northern Greenlee County (Hannigan’s Meadow and the Blue River community)
and southern Apache County (Greer, Eager, Springerville, Nutrioso and Alpine).
He stated that the USFS estimates that from 1986 to 2000, Arizona’s forests
produced 367 million board-feet of timber per year of which only 1.6 billion
board-feet was harvested. Very little of the remaining 3.9 billion
board-feet was harvested, so the fuel buildup has been enormous.
He stated that USDA’s National
Agricultural Statistics Service reports for Arizona from 1993 to 2010 indicate
that approximately 55,000 head of cattle were removed from forest grazing
permits at a revenue loss of $126 million per year, resulting again in fuel
buildup of not only wood, but also forage. The USFS policy only allows about
35 to 40 percent of forage to be consumed by livestock, and after several
years, plant litter begins to build up; therefore, allowing
55 to 60 percent of forage to be consumed by livestock, depending on the season
and use, would be more beneficial.
Mr. Lunt stated that Arizona wildfires are growing in size, intensity and frequency. Fires that formerly burned
tens of thousands of acres are now burning entire landscapes and hundreds of
thousands of acres. The six largest wildfires in Arizona history occurred in
the last nine years. Prior to that, in 1970, the Carrizo Fire burned 57,000
acres. In the summer of 2011, one of the most devastating fire seasons
occurred in state history in which over 850,000 acres and
162 structures burned in four different counties. He submitted that the
solution to the problem is to put more cattle and the timber industry back into
the forests in order to have healthy, sustainable forests for endangered
species, the economy, jobs and watersheds.
Mr. Lunt indicated that 4FRI is unique because a key component is the call for the USFS to contract with private industry to thin forests without federal subsidies, dramatically reducing the cost of restoration. He reviewed a slide showing the aftermath of the Wallow Fire in Alpine and the difference between land that was not treated where crown fires occurred compared to land that was treated by thinning the trees, thus saving homes. 4FRI proposes to implement this kind of thinning on scales significantly larger than currently practiced by the USFS. Designed outcomes are healthier forests and ecosystems, smaller and less destructive fires and greater economic opportunities. He submitted that the forests should not be allowed to burn, but to earn.
CoChairman Barton said she likes the comment about letting the forests earn instead of burn. She questioned the point of saving an endangered species, habitat, etc., if those efforts and the forests are destroyed by fire.
Pat Graham, Executive Director, The Nature Conservancy in Arizona, gave a slide presentation (Attachments 5 and 6), noting that the Nature Conservancy is the land manager for about a dozen nature preserves in the state where controlled burns and thinning have been utilized. In the mid-1990s, the Natural Resources Working Group was organized by then Supervisor Pete Shumway through which 17 parties signed a Memorandum of Understanding and began discussions about economic solutions to improve forest health. The Rodeo-Chediski Fire and other wildfires spurred action, which led to the White Mountain Stewardship Project. One of the challenges of the Project is the cost for the contract payments and for internal USFS planning, monitoring, oversight and site preparation.
He provided the estimated economic benefit of the Project:
§ About $14 million per year by local businesses.
§ Tax generation of nearly $1 million per year.
§ Creation of over 300 jobs.
Mr. Graham stated that lessons learned from the Project include:
§ Multi-party agreements build trust.
§ Thinning projects can be designed to benefit communities and wildlife, reduce fire risk and promote rural economies. A report prepared for the USFS outlines the evolution of new treatments.
§ Businesses will invest to provide security and stability.
§ The Project has been a proving ground for 4FRI.
Mr. Graham added that this past summer, it was clear that the thinning worked in protecting communities. He noted that the person with the chainsaw in his/her hands will have the responsibility of resculpting the forests. He said he supports 4FRI as a vital next step, but it is necessary to figure out how to work faster and on a larger scale. Even with thinning about 30,000 acres per year in the first phase, 2.5 million acres were burned in the state over the past decade, so it is necessary to continue to ramp up to a level where there will be a forest to manage in the future.
He related the need to streamline the NEPA process, which is the only vehicle by which the USFS can rewrite outdated forest plans. He said federal investment will be necessary to fund preparation of the sales and to go out for RFPs because there are places in the state where there is not enough economically-viable material on the ground to expect that businesses will be able to “pay the full freight.” Where the money is going to come from has been alluded to in the past. Estimates for the Wallow Fire are $190 million for fighting the fire plus the cost of rehabilitating the land. That amount of money would have treated over 300,000 acres of wood. Money is being spent; the question is how it is spent.
Mr. Graham pointed out that the stewardship contracting authority authorized by U.S. Congress needs to be extended before 2013 so 4FRI can issue multi-year contracts. From the perspective of the Legislature, it would be helpful to encourage investment by wood products industries through tax incentives. Also, a business in Arizona that builds round guard rails must ship the rails out of state as Arizona law stipulates that square guard rails must be used because studies indicate they are safe; studies are lacking about the safety of round guard rails.
In closing, Mr. Graham stated that work with the national forests must continue to be a national priority. The forests are the “lungs of the planet” and reservoirs for water. For many the forests provide playgrounds, homes for wildlife and economic engines for rural communities. He urged legislators, U.S. Congress and the USFS to accelerate 4FRI to a scale that will make a difference.
CoChairman Barton remarked that this is truly an urgent situation and degradation has already begun from the recent fires, so the sooner the usable timber is taken out of the forests, the better the economy will be.
CoChairman Crandell stated that
it is refreshing to hear that things are moving in this direction and about the
involvement of industry. He opined that the state does need to look at ways of
utilizing forest products. He requested a copy of the booklet sent to the USFS,
which
Mr. Graham provided.
Tom Tilford, Business Owner,
Greer, related that the Wallow Fire burned within 300 feet of his home; 100
percent of his income is from tourism and he now has to deal with the aftermath
of the fire and unnatural flooding of his home and property. The incomes of 90
percent of businesses in the communities of Greer, Alpine and Nutrioso are
tourism-driven from
Memorial Day through Labor Day. Because of the fire, these citizens have been
robbed of their livelihood. There is much talk about what needs to be done and
how to move forward, for which he said he is thankful, but there has been a
significant financial impact from a fire that did not have to happen to people
who chose to live in rural Arizona and to the communities. He contended that
something needs to be done now to restore the healthy forests.
CoChairman Barton remarked that her heart is breaking because it is a difficult situation.
CoChairman Crandell asked who is
responsible for the devastation that has taken place.
Mr. Tilford replied that there are many rules and policies in place. There are
good people within the USFS, but they were not allowed to do what needed to be
done through the years, and he is concerned when USFS personnel continue to let
the fires burn. Environmental groups also played a huge role. Testimony was
given about old growth forests, but those also burn when the fire is extremely
hot.
CoChairman Crandell asked if the residents in the affected communities have considered a class action lawsuit against the entities believed to be responsible for the actions that have taken place. Mr. Tilford replied that people are trying to get back to their lives, but there have been conversations about a lawsuit because the forest is gone and nothing can be done to bring it back.
CoChairman Crandell suggested that the state may be able to assist in getting redress.
CoChairman Barton said perhaps legislation can be sponsored during the 2012 Legislative Session for tax relief; it would not be 100 percent compensation, but it may help in areas that have been devastated by catastrophic fires.
Public Testimony (continued)
Bas Aja, Arizona Cattlemen’s
Association, stated that the Association failed the people of the White Mountains, their communities and towns. After the Rodeo-Chediski Fire, a similar committee
was formed that worked with the administration in Washington, D.C. on federal
legislation called the Healthy Forest Restoration Act, which led to the
stewardship contracts and categorical exclusions to NEPA. The state Healthy
Forest Restoration Act provided credits on fuel taxes and sales taxes for
people salvaging or logging small pieces of wood. The
Wallow Fire indicates that what is needed today and in the future is not only
planning and ideas, but accountability. Those who developed the Save Arizona’s
Forest Environment (SAFE) Plan are committed to the communities in the White Mountains area and believe they should be held accountable for the results, which is
something that needs to be done with everyone and every group that steps
forward on this issue.
CoChairman Barton thanked everyone for attending the meeting. She said it appears the situation is still catastrophic and there is a state of emergency in the affected communities, which requires urgent and expedient action. She surmised that the Committee will have an opportunity in September 2011 to generate ideas for items for legislation next Session that can be implemented at the state level.
Without objection, the meeting adjourned at 12:56 p.m.
_______________________________
Linda Taylor, Committee Secretary
August 30, 2011
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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AHC ON ARIZONA FORESTS
RESTORATION MANAGEMENT
August 18, 2011
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