# Presentation: 376328

## TOPICS WE WILL COVER

- National Fire Plan
- Healthy Forest Initiative
- Healthy Forest Restoration Act
- Community Fire Protection Plans

**Notes:**
Notwithstanding northwest forest plan

## How do they all fit together?

## National Fire Plan 2002

**The Strategy** emphasized collaboration between agencies, partners, and communities, bi-partisan.
- First year had pre-suppression and fuels funds which resulted in hiring new employees on a grand scale.
- Established grants under DOI, FS already had the authority.
- Has 4 Goals and 28 Tasks 18 Performance Measures which are reported to Congress annually.

## Healthy Forest Initiative

**President Bush announced in late summer 2002**
**Purposes:**
- Reduce the threat of wildland and rangeland fires
- Offset treatment costs to deal with hazardous fuels
- Provide economic opportunities for local communities
**Directed Departments and CEQ to:**
- Improve procedures to expedite fuels and forest restoration treatments
- Develop guidance on NEPA procedures
- Seek Stewardship Contracting authority

## Healthy Forest Initiative

- Implements** **goals of National Fire Plan
- Key elements
- Categorical Exclusions
- ESA streamlining
- Model Environmental assessments
- Stewardship contracting authority
- Set stage for Healthy Forest Restoration Act
- What it does not do
- Eliminate public comment, prevent court challenges, or end consultations
- Enter wilderness or other Congressional designated areas

## HFI administrative changes:  new categorical  exclusions for FS and BLM

- Hazardous fuels reduction activities,
- prescribed fire, not to exceed 4,500 acres
- mechanical methods (crushing, piling, thinning, pruning, cutting, chipping, mulching, and mowing), not to exceed 1,000 acres
- Projects that are selected based on NFP “...collaborate on the annual selection of fuels treatment projects...”

**Notes:**
Fed register number108, vol 68,  june 5, 2003
Pg 33814 – both forest service and DOI.  Fuels reduction activities and post fire rehab.  Applies to BLM as well.  
Have to collaborate with a group.  FS could do these through other mechanisms.... Has another CE that we use for fuels which says timber stands and or wildlife habitat improvement activities that do not require road or pesticides – can girdle trees, thinning, brush control to improve or reduce fire hazard, prescribed burn to reduce natural fuel buildup.... NO ACRES specified for fuels reduction!  
Two categories of CE’s.  # 6 requires a case file and decision memo.  Can do prescribed burning for natural fuels with no acreage limitation.
.one more tool in the toolbox
mechanical methods for crushing, piling, thinning, pruning, cutting, chipping, mulching, and mowing, not to exceed 1,000 acres.
repair of roads and trails and repair of damage to minor facilities such as campgrounds)

## HFI administrative changes: new categorical  exclusions for FS and BLM

- Post-fire rehabilitation activities, not to exceed 4,200 acres
- tree planting, fence replacement, habitat restoration, heritage site restoration, repair or improve lands unlikely to recover to a management approved condition from wildland fire damage
- repair or replace minor facilities damaged by fire

## New FS Timber Sale Categories

- Salvage dead and/or dying trees –** **not to exceed 250 acres
- Harvest damaged portion of a stand (wind or ice)
- Harvest fire damaged trees
- Harvest live trees (12) – not to exceed 70 acres
- Individual trees removed for saw logs, specialty products, or fuel wood
- Commercially thin overstocked stands to to increase health and vigor

**Notes:**
Both: nte 1⁄2 mile temporary road construction; no herbicide or pesticide use

## New FS Timber Sale Categories

- Sanitation harvest to control insects or disease
- Commercial and non-commercial harvest of trees
- Not to exceed 250 acres
- No more than 1⁄2 mile of temporary road construction
- Includes removal of affected trees and adjacent live unaffected trees to control spread

**Notes:**
Both: nte 1⁄2 mile temporary road construction; no herbicide or pesticide use

## Existing ESA Streamlining

- Developed under National Fire Plan
- Collaboration with NOAA fisheries and UFWS
- Created project design criteria for:
- no affect
- not likely to adversely affect  (nlaa)

**Notes:**
Streamlined consultation process currently in place (Oregon, Washington)
Collaboration with NOAA fisheries and UFWS
Developed under national fire plan
Has been a great tool
Created project design criteria for determinations of
no affect 
not likely to adversely affect  (nlaa

## New ESA Streamlining 

- Counterpart Regulations proposed by NOAA Fisheries and UFWS
- Published December 2003
- Implementing regulations allow counterpart regulations if compliant
- Applies only to healthy forest restoration projects
- Allows Not Likely to Adversely Affect determination to be made by Action agency biologists
- No concurrence from NOAA/UFWS
- National alternative conservation agreement

**Notes:**
The purpose of these counterpart regulations is to enhance the efficiency and effectiveness of the consultation process under section 7 of the ESA for Fire Plan Projects by providing an optional alternative to the procedures found in Sec. Sec. 402.13 and 402.14(b) of this part. These regulations permit an Action Agency to enter into an Alternative Consultation Agreement (ACA) with the Service, as described in Sec. 402.33, which will allow the Action Agency to determine that a Fire Plan Project is ``not likely to adversely affect'' (NLAA) a listed species or designated critical habitat without formal or informal consultation with the Service or written concurrence from the Service. How to Get to the NLAA
National alternative conservation agreement
Training plan and schedule
Assure knowledge 
Oversight
Monitoring
Assure process followed
Cannot implement regulations until ACA in place
Termination  

## HFI Model Environmental Assessments 	

**HFI Model Environmental Assessments**

- Goals
- Meet CEQ guidance for reduction of paperwork
- Better decisions not more paper
- Clear and documented
- 5 Forest Service projects nationwide
- 10 BLM projects nationwide

**Notes:**
CEQ regs very clear; goal is better decisions not more paper.  Clear and documented.
(BLM) Rogue River Hazardous Fuel Reduction Project within the Hellgate Recreation Section of the Rogue National Wild & Scenic River in Oregon

## HFI Stewardship contracting

- Meet community needs while restoring watersheds
- Maintain water quality
- Enhance forest resilience
- Restore soil and habitat
- Control noxious weeds
- Key authorities
- Trading of goods for services
- 10 year contracts
- Unit retention of receipts (for** **approved stewardship projects)

**Notes:**
Training will be provided by may with sustainable northwest as part of cadre.
New direction out 1/28/04

## The Healthy Forest Restoration Act of 2003 - HFRA

- Bi-partisan, past by 8 out of 10 members of Congress voting for it.
- Significant legislation to the land management agencies.
- Represents Nationwide Legislation that speaks directly to the management of National Forest Lands AND lands managed by the Bureau of Land Management

## The Healthy Forest Restoration Act of 2003 - HFRA

- Hazardous fuel reduction on federal lands
- Biomass utilization
- Watershed forestry assistance
- Insect infestations and related diseases
- Healthy forests reserve program
- Forest monitoring and risk assessment

## HFRA - Hazardous Fuel Reduction- A Snapshot - 

- Treatments up to 20 million acres
**Encourages collaboration**
**Emphasizes community fire plans**
- Expedites environmental analysis process
- Provides a “pre-decisional” objection process
- Encourages expedited judicial review
- Emphasizes retention of old growth and large trees
- Authorizes $720 million annually, not appropriated.

## HFRA - Hazardous Fuel Reduction Projects - Federal Projects

**Emphasis on Wildland-Urban Interface areas**
- In or near municipal watersheds with high departure from the natural fire regime in any regime.
- In or near municipal watersheds with moderate  departure from the natural fire regime, in regimes I, II, and III only (0-35 yr interval, 35-100 yr interval w/ low severity)
- In areas at risk of wind throw, insect or disease
- In areas with T & E species habitat at risk

## HFRA -Limitations on projects

**Must be consistent with resource management plans**
- No projects in Wilderness Areas, Wilderness study areas, or where removal of vegetation is restricted by Congressional or presidential proclamation
- Total acreage of projects is limited to 20 million nation wide

## HFRA - Requirements for Projects in Old Growth Stands

- Treatments must be designed to fully retain or restore old-growth stands to pre-fire suppression conditions.
- For older management plans (pre 1994), HFRA projects in old growth must retain or restore old growth.
- Newer plans (1994 thru 2003) are sufficient.
- Revisions or amendments to existing plans must retain or restore OG stands.
- Does not apply to old-growth stands at risk of wind throw, insects or disease.

**Notes:**
Definition is how it isw definied in management direction for newer management direction (meeets) and for older direction (estab before 1993) which requires review.  If not done; federal agencies will not carry out that portion of the project which has old growth.

## Large Tree Requirements for HFRA Projects

- Maximize retention of large trees
- Focus is on small diameter trees, thinning, fuel breaks and prescribed fire
- Reduce wildfire risk to communities, municipal water supplies, at risk federal land

## HFRA - Collaboration with Local Communities

- Priority to hazardous fuel reduction projects that
- protect at-risk communities;
- watersheds;
- implement community wildfire protection plans
- Must consider recommendations made in community wildfire protection plans
- Financial assistance provided for non-federal land
- Consider community wildfire protection plans
- Priority funding to communities that have adopted such plans
- 50 percent of the funds is be used to treat federal lands in the WUI
- Federal Advisory Committee Act and National Environmental Policy Act inapplicable to Federal involvement in the planning and development of community wildfire protection plans

**Notes:**
Such 50% allocation is to apply at the national level -- funds may be allocated differently within individual management units as appropriate – is this at leasst or 50%

## HFRA – Community Fire Protection Plans

- Encourages development of community fire plans
- Identify WUI boundaries
- Identify community as at risk community
- Federal, state and tribes provide support and are involved in plans, not necessarily leading them
- Plans are **community based**
- Considered by agencies in NEPA development
- Agencies encouraged to fund fuel treatments that are included in community plans

**Notes:**
Such 50% allocation is to apply at the national level -- funds may be allocated differently within individual management units as appropriate – is this at leasst or 50%

## HFRA - Environmental Analysis Requirements

- NEPA requirements of HFRA are consistent with normal agency practices.
- Number of NEPA alternatives depend on the relationship of the project to an at-risk community and the community fire protection plan.
- A. an area within or adjacent to an at-risk community that is identified in recommendations to the Sec. In a community wildfire protection plan; or

## Wildland Interface

- B. in the case of any area for which a community wildfire protection plan is not in effect—
- An area extending 1⁄2 mile from the boundary of an at-risk community,
- An area within 1 1⁄2 miles of the boundary of an at-risk community including any land that—
- Has a sustained steep slope that creates the potential for wildfire behavior endangering the at-risk community.
- Has a geographic feature that aids in creating an effective fire break, such as a road or ridge top; or
- is in condition class 3, as documented by the Secretary in the project-specific environmental analysis; and
- An area that is adjacent to an evacuation route for an at-risk community that the Sec. Determines in cooperation with the at-risk community, requires hazardous fuel reduction to provide safer evacuation from the at-risk community.

## Litigation of HFRA Projects

- Limited to the District Court with jurisdiction over the project area.
-  Preliminary injunctions are limited to 60 days (renewable with reporting requirements).
- Court is to “balance” the impacts of undertaking vs. not undertaking the action when considering a preliminary injunction.

**Notes:**
Double check with legislation.

## Title II - Biomass

- Encourages research in biomass/small log utilization.
- Revitalizes Rural Communities by funding small businesses or community-based enterprises that use biomass.
- Promotes existing biomass utilization facilities thru grants.

## Title III – Watershed Forestry Assistance Program

- Encourages States to promote healthy watersheds thru best forest management practices, watershed restoration projects, technical assistance, and protection.
- Cost-share funding is routed thru State foresters.
- Targets non-industrial forest landowners.
- Includes assistance to tribes

**Notes:**
Efap could play a key role  - looks at bigger picture beyond I&d.... Improve and encourage understanding across watersheds.  Can orchestrate or facilkitate bringing in other players in to hfra..  It’s what oweb and other boards are dealing with.

## Title IV – Insect Infestations and Related Diseases

- Accelerates info gathering for insect and disease pests.
- Enlists scientists, states, and private landowners in the effort.
- Assists land owners with treatments and strategies to address pest/disease problems.

## Title V – Healthy Forest Reserve Program

- Promotes recovery of T & E species, biodiversity and carbon sequestration thru a forest reserve program (up to 2 million acres).
- Eligible forest ecosystems to be identified by USDA, USDI and Commerce Dept.
- Provides 10-, 30- and 99-year enrollment options (cost- share easements) to eligible landowners.
- Technical assistance for private restoration planning
- Protects/compensates landowners for costs of  ESA requirements (Secs. 7 and 10)

**Notes:**
Opportunity for efap

## Title VI – Forest Inventory and Monitoring

- Focused on National Forest and private (with landowner consent) forest lands.
- Addresses:
- Early detection of insect, disease, fire, invasive plants, and weather-related risks.
- Degradation of Forests
- Inadequate reforestation
- Carbon uptake
- Serves as early warning system for the above.

## Getting the HFRA job done 

- Interagency field desk guide will be available soon
- Crafting interagency strategies, ongoing
- Keeping eye on the goal; not just the pieces

## So what does this mean to you?	

- Community Collaboration is the key theme through all these Strategies, Initiatives, and Laws.
- Treating hazardous fuels to change and/or modify the behavior of a wildfire, especially in the WUI, is the second key.
- Accountability and monitoring all phases and aspects is another important key.
- The Nation is watching, this work is urgent.
- You play a critical role in community fire plans.

## COMMUNITIES AT RISK 

## Origins

**Integral part of the NFP**
**Born out of the 2000 fire season**
**Report to the President**
**Intent:  Reduce threats to communities from wildland fire**

## Original Intent

- Lists of communities at risk (Federal Register)
- Prioritize communities on a national basis
- Limit to communities adjacent to federal land

## 10-year Comprehensive Strategy & Imp. Plan

- Strategy – August 2001
- Implementation plan – May 2002
- Identified two key tasks:
- Collaborative Fuels MOU – January 2003
- Field Guidance:  Identifying And Prioritizing Communities At Risk – June 2003

## Refocused Efforts To The State Level

- All lands – all ownerships
- Collaborative process with all interested parties
- Prioritize projects – not communities
- Broad national guidelines with maximum flexibility locally

## Collaborative Fuels MOU

- Through collaboration, identify communities and landscapes at risk – prioritize by category (high, med. or low)
- By May 1 - joint programs of work that identify high priority fuel reduction and ecosystem restoration projects

## How To Identify Projects?

- Field guidance – June 2003
- Approved by the WFLC – Oct. 2003
- Transmitted to field – Nov. 2003
- Lynn Scarlett, Assistant Secretary, DOI
- Dale Bosworth, Chief, USDA FS
- President, National Assoc. of State Foresters

## Step #1:  Organize

- State By State Process
- Identify Interested Parties
- Landscape Or Community By Community Approach?
- Map Or Document?
- Identify All Communities Within The WUI That Are At Risk

## Step #2:  Assess Risk

- Develop criteria for sorting into categories of relative risk
- Use adjective ratings of high, medium, and low
- Analyze 4 factors
- Likelihood of Fire Occurrence
- Existing Fuel Hazard
- Community Values at Risk
- Community Protection Capability

## Step #3:  Combine 4 Factors

- Integrate (overlay) 4 individual ratings into single rating for each community or landscape
- If rating by landscape, all communities within a zone will have same risk rating
- Encourage community mitigation / protection plans

## Step #4:  Identify Potential Projects

- Focus on highest risk category
- Determine community’s willingness to participate
- Determine willingness of adjacent ownerships to carry out complementary projects
- Set priorities based on above criteria

## Step #5:  Joint Program Of Work

- State-by-state (by May 1 each year)
- Jointly prioritize projects from all agencies/ownerships
- Greatest benefits to community or landscape
- Opportunity to sequence treatments
- Recognize importance of projects to maintain lowered risk

## Document Accomplishments

- Quantitative measures
- Qualitative measures

## Conclusion

- Tremendous opportunity
- Collaborative process involving all interested parties
- All lands – all ownerships
- Locally based with flexible standards and guidelines
- Can be as simple or as complex as necessary

## Safer CommunitiesHealthier Landscapes