SB 2535 would hamper search and rescue operations and fighting
forest fires
Limited and restricted motor vehicle access
Limited and restricted helicopter flyovers
Rebuttal
All law and policies involving wilderness areas place public safety first.
Two main points about wildfires:Fire, or lack of it, affects the entire ecology of a forest. For example, the massive Yellowstone fire of 1987 burned huge expanses of pine forest. However, this immediately was immediately followed by growth of aspens where none had existed for more than a century. This started a new ecological cycle of that type that was natural before fire suppression: Fires cleared the way for meadows and aspen forests, eventually as decades pass they revert to pine forests.
- In most cases fire risk now is higher than it was in nature, due to intensive wildland fire suppression within roughly the last 130 years in California. It's safer and more ecologically natural to have more frequent small fires than less frequent big fires.
- Many types of trees need fire for their survival. Our largest example is the giant sequoia in the Sierra; seedling production in forests of these trees virtually stopped as a result of fire suppression. Elsewhere, aspens require ground temperatures that can only be produced by fire in order for their seeds to germinate.
The Lake Tahoe area has an additional ecological problem due to human intervention. About a century ago its slopes were logged almost to total destruction to supply timbers for mines, especially in the Comstock Lode. Reforestation was done mainly by planting fir trees, instead of pines. The fir trees are healthy enough in normal times, but they're less tolerant of drought than pine trees. By the end our 7-year drought (late 1980's and early 1990's) firs were dying in large numbers. In many areas it was necessary for forestry to step in to clear a mass of dead firs that could fuel major forest fires and to move toward restoration of the pine forests.
Here are excerpts from relevant law and polices. Use of boldface italics is mine, not the original documents', to emphasize parts particularly relevant to search and rescue and firefighting. Interjections within square brackets in italics are also mine.
Iindex of links to this section:Text of Senate Bill 2535
Wilderness Act of 1964
Bureau of Land Management Wilderness Management Policy
Forest Service Policy for Wilderness Management
US Federal Wildland Fire Policy
National Park Service Wilderness Policy
National Park Service Director's Order #41: Wilderness Preservation and Management
2. (a) (5) wildfire management activities necessary to protect public health and safety and private property are fully allowable in wilderness areas and the Secretary may take any measures deemed necessary to control or prevent fires;
(c) Except as specifically provided for in this chapter, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this chapter and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this chapter (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.Within wilderness areas designated by this chapter the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable.
Bureau of
Land Management Wilderness Management Policy
[For the full text of BLM's adopted regulations concerning administrative and emergency functions go to page18 of Bureau of Land Management Wilderness Management Policy. See Subpart 6303, in the rightmost column. Quotes below were recorded in The Federal Register, to respond to comments submitted prior to adoption of the BLM policy, indicating choices enacted or rejected and the rationale for these choices.][remainder of this web page hasn't been edited yet.]BLM claims no authority in this final rule to regulate activities in airspace. Section 4(c) of the Wilderness Act, however, specifically prohibits the landing of aircraft. This does not apply to emergency landing of aircraft.
BLM does not assert authority to regulate overflights of public land in this rule. The other mechanized uses urged in these comments are prohibited by Section 4(c) of the Wilderness Act, except in the event of emergencies involving the health and safety of persons within the area.
Section 6303.1 of this final rule covers administrative use [of mechanical transportation and motorized equipment] and emergency situations.
Again, BLM does not assert any regulatory authority over airspace. The regulations do allow the landing of aircraft for administrative purposes, and allow BLM to prescribe conditions in which aircraft, as well as other modes of transportation, may be used in emergency situations.
One comment stated that the regulations should require that motor vehicles and aircraft be used for rescues, fire-fighting, fighting pest infestations, and trail maintenance and construction. The regulations allow such use, but it would be unnecessary and inappropriate to require it in every case. Another comment, on the other hand, stated that the regulations should include a preference for use of nonmotorized equipment. The regulations include no such preference, and are silent on the matter.We do not believe it is appropriate to place anything in regulations that may hamper emergency personnel and place life and property at undue risk.
One comment stated that the rule should not provide for emergency rescue. We did not adopt this comment because Section 4(c) of the Act specifically provides for the use of aircraft, motor vehicles, and so forth, in emergencies involving the health and safety of persons within the area.
...there may be occasions where it would be inappropriate to require BLM to give free rein to non-Federal agencies, or to establish emergency measures and procedures in advance of the emergency. On the other hand, the Wilderness Act does not prohibit BLM from cooperating with officials of other agencies, and BLM policy is to cooperate with State and local governments to the maximum extent feasible and appropriate.
One comment urged that the regulations include provisions authorizing BLM to use prescribed burns in appropriate situations. We believe that paragraph (b) of this section (section 6303.1(c) of the final rule) is broad enough to allow prescribed fire as a management tool in BLM wilderness.
The Wilderness Act does not limit control of fire, insects, and disease to situations where life or property is in danger.
One comment stated that BLM's emergency actions that involve acts that are otherwise prohibited, such as cutting trees or using a motorized climbing drill, should not be considered a violation of the regulations. We agree. Section 4(c) of the Wilderness Act states...
Forest Service Policy for Wilderness Management
[In statement of authority, referring mainly to the Wilderness Act of 1964]
With certain exceptions, the Act prohibits motorized equipment, structures, installations, roads, commercial enterprises, aircraft landings, and mechanical transport. The Act permits mining on valid claims, access to private lands, fire control, insect and disease control, grazing, water resource structures (upon the approval of the President), and visitor use.The Forest Management Acts of 1897, 1899, and 1901 (Organic Act) (16 U.S.C. 473-475, 477-482, 551) require the Forest Service to protect the National Forest System including designated wilderness areas which are a part of that system from fire and other depredations.
2323.43b - Emergency Burned Area Rehabilitation. Permit emergency burned area rehabilitation only if necessary to prevent an unnatural loss of the wilderness resource or to protect life, property, and other resource values outside of wilderness.
2324.04a - Chief. The Chief is responsible for approving: ...
3.Extending or widening of existing airfields and construction of new airfields.
4.Construction and maintenance of heliports away from existing administrative sites.2324.04b - Regional Forester. The Regional Forester is responsible for:
1. Approving insect and disease control projects within wilderness...
2. Approving the use of prescribed fire on a wilderness by wilderness basis
through approval of the appropriate management plan. ...
3. Approving construction of new fire lookouts.
...
6. Approving construction of nonemergency helispots.2324.04c - Forest Supervisor. The Forest Supervisor is responsible for approving:
1. Reconstruction of existing fire lookouts.
2. Construction of helispots for wildfire suppression and emergencies.2324.21 - Objectives. The objectives of fire management in wilderness are to:
1. Permit lightning caused fires to play, as nearly as possible,
their natural ecological role within wilderness.
2. Reduce, to an acceptable level, the risks and consequences of wildfire
within wilderness or escaping from wilderness.2324.22 - Policy
1. Two types of prescribed fires may be approved for use within wilderness: those ignited by lightning and allowed to burn under prescribed conditions and those ignited by qualified Forest Service officers.
...
4. Suppress all wildfires within wilderness in accordance with the direction FSM 5130.
5. Fire ignited by lightning may be permitted to burn if prescribed in an approved plan
(FSM 2324 and 5150).
6. Forest Service managers may ignite a prescribed fire in wilderness to reduce unnatural
buildups of fuels only if necessary to meet at least one of the wilderness fire
management objectives set forth in FSM 2324.21
7. Do not use prescribed fire in wilderness to benefit wildlife, maintain vegetative types,
improve forage production, or enhance other resource values. Although these additional
effects may result from a decision to use prescribed fire, use fire in wilderness only to
meet wilderness fire management objectives.
8. Do not use management ignited fire to achieve wilderness fire management objectives
where lightning-caused fires can achieve them.2324.33d - Airfields. Unless otherwise approved by the Chief, do not locate new airfields, including emergency airstrips, in wilderness. Unless otherwise approved by the Chief, do not extend, widen, or resurface existing airfields. Document decisions about whether or not to permit the continued use of existing airfields for each wilderness in the forest plan. Legislation may mandate that certain airfields remain open. Maintain airfields by nonmotorized methods only. For further direction see FSM 7720 and FSM 7730.
2324.33e - Heliports and Helispots
1.Heliports. Construct and maintain heliports at existing administrative and airfield sites where essential for wilderness purposes. Require justification for continued use of existing heliports or for constructing new ones. Unless otherwise approved by the Chief, do not locate other heliports within any wilderness. Evaluate and document the need for each heliport in the forest plan. Operate only those heliports considered vital to wilderness resource management.
2. Helispots. The Regional Forester may approve the construction of nonemergency individual helispots or systems of helispots. FSM 7720 contains guidelines for location, construction, and use of helispots. Except in emergency situations, evaluate and document the need for helispots in the forest plan.2326.03 - Policy ...
3. Discourage flights over wilderness within 2,000 feet of the ground surface, except emergencies or for essential military missions. (The Federal Aviation Administration (FAA) has agreed to and the National Oceanic and Atmospheric Administration (NOAA) has posted, for the FAA, a 2,000 foot over terrain flight advisory on appropriate aeronautical charts.2326.1 - Conditions Under Which Use May Be Approved. Allow the use of motorized equipment or mechanical transport only for:
1. Emergencies where the situation involves an inescapable urgency and temporary need for speed beyond that available by primitive means. Categories include fire suppression, health and safety, law enforcement involving serious crime or fugitive pursuit, removal of deceased persons, and aircraft accident investigations.
[Four additional circumstances follow, not related to emergencies.]2326.11 - Use of Motorized Equipment by Other Government Agencies. Approve the use of motorized equipment, aircraft, or mechanical transport by other government agencies in National Forest wilderness in the same manner and under the same conditions stipulated for Forest Service use.
[this includes emergencies]2326.12 - Use of Motorized Equipment by Valid Occupants of National Forest Land. Approve the use of motorized equipment and/or mechanical transport by valid occupants of National Forest System lands in wilderness using criteria in section 2326.1
[this includes emergencies]
US
Federal Wildland Fire Policy
[This is a large document, probably around 40 printed pages, and almost all of it is relevant to this rebuttal. Excerpts below come mainly from the Executive Summary and Introduction sections.]Protection of human life is reaffirmed as the first priority in wildland fire management. Property and natural/cultural resources jointly become the second priority, with protection decisions based on values to be protected and other considerations.
Wildland fire, as a critical natural process, must be reintroduced into the ecosystem.
[One key reason is to avoid catastrophic fires due to accumulation of an unnaturally high fuel load in forests.]Where wildland fire cannot be safely reintroduced because of hazardous fuel build-ups, some form of pretreatment must be considered, particularly in wildland/urban interface areas.
Every area with burnable vegetation will have an approved Fire Management Plan.
Wildland fire management decisions and resource management decisions go hand in hand and are based on approved Fire Management and land and resource management plans. At the same time, agency administrators must have the ability to choose from the full spectrum of fire management actions, from prompt suppression to allowing fire to function in its natural ecological role.
Good data and statistics are needed to support fire management decisions. Agencies must jointly establish an accurate, compatible, and accessible database of fire- and ecosystem-related data.
G U I D I N G P R I N C I P L E S A N D P O L I C I E S :
A. Firefighter and public safety is the first priority in every fire management activity.
[boldface italics in the line above are from the original document. This is the first princle/policy in its list and it is the only one that the document emphasizes with a boldface font.]D. Sound risk management is a foundation for all fire management activities. ...
F. Fire management plans and activities are based upon the best available science. ...
[italics in the lines above are from the original document]
National
Park Service Wilderness Policy
Administrative use of motorized equipment or mechanical transport, including motorboats and aircraft, will be authorized in accordance with the park's wilderness management plan only (1) if determined by the superintendent to be the minimum tool needed by management to achieve the purposes of the area, or (2) in emergency situations involving human health or safety or the protection of wilderness values.Temporary vehicular access may be permitted only to meet the minimum requirements of emergency situations.
No permanent heliports, helipads, or airstrips will be allowed in wilderness. Temporary landing facilities may be used to meet the minimum requirements of emergency situations. Site improvements determined to be essential for safety reasons during individual emergency situations may be authorized, but the site will be restored to natural conditions after the emergency has ended. Natural openings may be used for authorized nonemergency aircraft landings, but no site markings or improvements of any kind may be installed to support nonemergency use.
Fire management activities conducted in wilderness areas will conform to the basic purposes of wilderness. The park's fire management and wilderness management plans together will identify the natural and historic roles of fire in the wilderness and will provide a prescription for response, if any, to natural and human-caused wildfires. If a prescribed fire program is implemented, these plans will also include the prescriptions and procedures under which the program will be conducted.
Actions taken to suppress wildfires will use the minimum tool concept and will be conducted in such a way as to protect natural and cultural features and to minimize the lasting impacts of the suppression actions and the fires themselves.
National
Park Service Director's Order #41: Wilderness Preservation and Management
[This document's statement of basic policy for Fire Management in Wilderness] is identical to the quote above from the National Park Service Wilderness Policy except for addition of the words "within wilderness" at the end of the first paragraph:]Fire management activities conducted in wilderness areas will conform to the basic purposes of wilderness. The park's fire management and wilderness management plans together will identify the natural and historic roles of fire in the wilderness and will provide a prescription for response, if any, to natural and human-caused wildfires. If a prescribed fire program is implemented, these plans will also include the prescriptions and procedures under which the program will be conducted within wilderness.
Actions taken to suppress wildfires will use the minimum tool concept and will be conducted in such a way as to protect natural and cultural features and to minimize the lasting impacts of the suppression actions and the fires themselves.
[... but this document provides an additional, more detailed policy:]
NPS Management Policies: 6.3.9 Fire Management
Under ideal conditions, natural fire should be considered as a fundamental component of the wilderness environment. Director's Order # 18: Wildland Fire Management, directs that all fires burning within wilderness will be classified as a "wildland fire" or a "prescribed fire." Wildland fires are those that result from unplanned ignitions. Prescribed fires are those resulting from planned ignitions. All wildland fires within wilderness will be managed to include the application of minimum requirement suppression techniques, the consideration of firefighter and public safety, a cost/benefit analysis, sensitive natural and cultural resources, and will use the strategic and tactical options described in an approved fire management plan.
Fire management plans must address the effects of fire management decisions on wilderness resources and character, air quality, smoke management, water quality, and other pertinent natural and cultural resource management objectives.
Until a fire management plan is approved, all wildland fires in wilderness must be suppressed, with strong emphasis on the concept of minimum requirement in determining suppression methodologies.
Parks containing wilderness will integrate wilderness considerations in the systematic decision-making process, determining the most appropriate management strategies for all planned ignitions (prescribed fires), and for any unplanned fires that no longer meet resource management objectives. While parks lacking an approved fire management plan may not use resource benefits as a primary consideration influencing selection of a wildfire suppression strategy, the resource impacts of suppression alternatives on wilderness values must be considered when decisions are made.
Wilderness values must be adequately represented during all fire planning processes, and wilderness managers will assist in the selection and implementation of appropriate responses to wilderness fires. Resource advisors must be knowledgeable about wilderness values, objectives, and policies.
Any delegation of authority to Incident Management Teams will include appropriate emphasis on the protection of wilderness resources. The methods used to suppress all wildland fires should be those that minimize the impacts of the suppression action and the fire itself, commensurate with effective control and the preservation of wilderness values. Fire suppression teams should be trained in the concepts of wilderness management, the preservation of wilderness values, and wilderness fire management. This requirement should be identified in appropriate delegation orders.