KLAMATH FALLS, Ore. - With one week to go before Congress is scheduled to wrap up its session for the year, it's looking unlikely that the Klamath Basin Restoration Agreement will be approved.
The last-minute draft bill from Congressman Greg Walden, R-Ore., doesn't align with the Senate bill to make the water-rights agreement official.
Walden's bill doesn't include removal of four Klamath River dams, which was key to the original agreement, and it adds transfers of federal land to counties that weren't part of the agreement.
Craig Tucker, natural resources policy advocate with the Karuk Tribe, predicts those changes will doom it.
"The draft bill that's been presented, I don't think it's possible for that to pass through Congress," says Tucker. "So I think, come January, the possibility for settlement will be over. And we'll be back to the same old litigating, going through the FERC process and finding different ways to address our needs."
The two Oregon senators' reaction to the House bill is also that it falls short of the original agreement, which took 10 years to negotiate. And Tucker points out that Congress has left it sitting for five years, leaving tribes, farmers and ranchers and local communities frustrated by the standstill.
Upper Klamath Basin rancher Larry Nicholson isn't the first person to call the original agreement "unprecedented," and he believes adding the land giveaways - 100,000 acres each to Klamath and Siskiyou counties, for logging - will trip up the deal.
Nicholson says all parties to the agreement already are living by it, and he thinks Congress should, too.
"This does work. And that's the travesty of this, is that we've shown that we can come up with a solution to this very complex problem," says Nicholson. "And the last two years, we've been operating under these agreements, everyone has gotten some water. It's not perfect, but it certainly is better than the alternative."
Nicholson says he'll remain hopeful at least through Dec. 18, when Congress is set to break for the holidays.
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Arizona conservation groups and sportsmen alike say they're pleased the Bureau of Land Management will now recognize conservation as an integral part of public lands management.
The agency's new rule puts protecting the environment on par with other land-use priorities.
Scott Garlid, executive director of the Arizona Wildlife Federation, said historically the BLM has done what he termed a "pretty good job," not only managing about 12 million acres of public lands in Arizona, but also protecting natural resources.
"They've got a tough job," Garlid acknowledged. "I think this rule helps make their job a little bit easier because it gives them some tools to balance those different demands on the 12 million acres that they manage."
Garlid predicted the rule will raise what he terms "harder-to-quantify conservation values" to the same level of importance as more extractive land uses like oil and gas exploration and mining. He thinks most Arizonans will recognize the new rule as a positive. A solid majority of Arizona voters across party lines say they are conservationists and use public lands for recreation.
To Garlid, the rule makes it clear the BLM is recognizing certain parts of federal lands, in Arizona and around the West, have been degraded. He contended restoration leases will be a good tool, allowing the BLM to lease acres to groups specifically to improve the conditions on a given landscape. He noted opponents of the new rule might see the leases as a way to "lock up" land but he argued it is not true.
"One example could be a nonprofit, like the Arizona Wildlife Federation," Garlid pointed out. "We could get a conservation lease from the Bureau of Land Management to do riparian restoration work, or work to remove invasive species along a creek bank."
According to the BLM, while a restoration or mitigation lease is in place, casual uses of the leased lands like recreation, hunting, fishing and research activities would generally continue.
Support for this reporting was provided by The Pew Charitable Trusts.
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State and federal agencies are collaborating to increase the use of prescribed fires in the Northwest.
Prescribed fire is the controlled use of burns to minimize the larger risks of wildfires and smoke. It is seen as an increasingly important strategy as wildfire seasons pose greater threats to the Northwest.
Casey Sixkiller, Northwest regional administrator for the U.S. Environmental Protection Agency, said authorities want to work together to maintain forest habitats.
"Prescribed burn is one of the best tools we have for making our forests more resilient against catastrophic wildfires and they help to manage and target hazardous fuels and make for healthier forests," Sixkiller explained.
Sixkiller pointed out the EPA is involved because wildfire smoke poses risks to people's health. The collaboration is between federal agencies, departments in Oregon and Washington, and tribal governments.
Sixkiller noted the collaboration needed a formal agreement to move forward.
"That is what we've been able to do here with this agreement," Sixkiller emphasized. "To get federal land managers and states and us all in the same room, making sure that we're all on the same page about what success looks like."
Sixkiller added the collaboration has another advantage: It helps drive engagement with communities potentially in the path of prescribed burns.
"They have the confidence that the effort that's gone into planning that activity has been thought out from soup to nuts," Sixkiller acknowledged. "And that they have a seat at the table and are being engaged and their concerns are being addressed as we go forward with that activity."
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A new study in the journal Nature Communications by Montana researchers said suppressing small wildfires is leading to larger, more intense and damaging blazes.
According to the U.S. Forest Service, about 98% of wildfires are fully suppressed before they grow to 100 acres; most of them within 72 hours. In Montana, the latest data show crews kept 95% of wildfires in Montana to no more than 10 acres in 2022.
Mark Kreider, a doctoral candidate in forest and conservation science at the University of Montana and co-author of the report, said the strategy leads to what is known as fire "suppression bias."
"Removing more of one type of fire than the other, what we're left with is bias towards the higher intensity fires, these more extreme fires," Kreider explained.
Montana state policy calls for crews to extinguish fires as quickly as possible, even small ones. Kreider pointed out researchers recommend letting low-intensity fires burn where possible to reduce the risk and damage potential for larger, hotter-burning and more catastrophic blazes.
Kreider acknowledged as the population grows along the urban-wildland interface, letting fires burn is not always possible, but argued it might be the best strategy for heading off catastrophic fires later.
"Especially in the western U.S. where people live close to forests, fire suppression is very important and we still must do it," Kreider noted. "But this research helps to show when possible in places where it's safe to do so, we really may benefit from allowing more low and moderate intensity fire to burn."
The National Interagency Fire Center said the number of acres scorched by wildfire has doubled since the 1980s, and the cost to battle the fires has risen to nearly $3 billion a year.
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