Tag: legislation

Bill introduced to convert temporary firefighters to permanent seasonals

A bill has been introduced in Congress that would provide authorities for the appropriate conversion of temporary seasonal wildland firefighters and other temporary seasonal employees in Federal land management agencies to permanent seasonal positions. This would apply to employees who perform regularly recurring seasonal work.

The bill, H.R. 533, has been introduced by Representative Gerald Connolly (D-VA) and has been referred to a committee. In the last Congress, only 11% of House bills made it past committee and 2% were enacted.

We are working on obtaining a copy of the bill and when we receive it we’ll post it here. But it appears to be similar to “H.R. 6306 — Land Management Workforce Flexibility Act” which was introduced in the last Congress by Rep. Connolly on August 2, 2012. Below is an excerpt from that bill which died in committee:

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`(a) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under that agency’s merit promotion procedures if–

`(1) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;
`(2) the employee has served under 1 or more time-limited appointments by such agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and
`(3) the employee’s performance under such time-limited appointment or appointments has been at an acceptable level of performance during those 24 months of service.

`(b)(1) For purposes of this subsection, the term `successor permanent position’ means, with respect to a time-limited position, a permanent position in the competitive service with the same or substantially similar major duties and qualification requirements in the same major subdivision of the same agency as the time-limited position.

`(2) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the agency decides to fill and, upon his or her concurrence, be appointed to such position if–

`(A) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment;
`(B)(i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or
`(ii) the employee’s first time-limited appointment by such agency occurred before the date of enactment of this chapter;
`(C) the employee has served under a time-limited appointment or appointments in a position or positions in such agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and
`(D) the employee’s performance under such time-limited appointment or appointments has been at an acceptable level of performance during those 24 months of service.

legislation

With possible fiscal cliff looming, USDA warns of possible employee furloughs

Since Congress still has not dealt with their self-imposed “fiscal cliff” or budget sequestration required by the Budget Control Act of 2011, severe budget cuts could affect the federal land management agencies and their wildland firefighters after March 1. That is the latest deadline after Congress has consistently kicked the can further down the road rather than actually doing their jobs and passing a federal budget.

An all-employees letter from Secretary of Agriculture Tom Vilsack today warned that the agency could be forced to lay off, or furlough, some employees if the self-imposed crisis is not averted. Here is an excerpt:

…As a result, we are closely examining contracts, grants, and other forms of expenditures across the Department to determine where we can reduce costs. In many cases, this could mean making cuts to vital programs or curtailing spending on contracts. We will also take steps, wherever possible, to cut operational or administrative costs in areas such as travel, training, facilities, and supplies.

We may also have to consider placing employees on temporary furlough, or taking other personnel actions, should sequestration occur. With respect to furloughs, should we have to pursue this unfortunate course of action, let me assure you that all affected employees will be provided at least 30 days’ notice prior to executing a furlough.

If the Budget Control Act of 2011 or “fiscal cliff” is allowed to go into effect on March 1, 2013 the federal wildland fire programs will be cut by $218 million.

In addition, the FLAME wildfire suppression reserve fund will be cut by 8.2 percent, meaning it would not be funded at the 10-year average, greatly increasing the risk of funding shortfalls, as occurred in fiscal year 2012 which ended September 30. Such a shortfall would impact more than just the fire programs. With no carryover funds and a cut in the FLAME reserve fund, the wildland fire agencies in the Departments of Interior and Agriculture would need to take funds from other accounts to make up the firefighting shortfall.

Under the Budget Control Act, the sequestration would result in a 9.4 percent reduction in non-exempt defense discretionary funding and an 8.2 percent reduction in non-exempt nondefense discretionary funding. The sequestration would also impose cuts of 2.0 percent to Medicare, 7.6 percent to other non-exempt nondefense mandatory programs, and 10.0 percent to non-exempt defense mandatory programs.

Most of the federal wildland fire appropriations will be subject to an 8.2 percent reduction since they are considered “discretionary”.

A report, prepared by the Office of Management and Budget (OMB), revealed the following cuts to wildland fire budgets that could go into effect; the numbers do not include the FLAME fire suppression accounts:

U.S. Forest Service Wildland Fire Management: $172 million
Department of Interior Wildland Fire Management: $46 million

Wyoming: have wildfires early, because the state may run out of money

“I don’t want to tell the counties to have fires early because we’re going to run out of money,”
Wyoming Governor Matt Mead, referring to his budget request for wildland fire suppression being cut in half.

The Wyoming state Legislature’s Joint Appropriations Committee cut Governor Matt Mead’s $60 million request for wildland fire suppression this year in half. In 2012 the state spent $45 million to fight fires and the governor expects this year to be at least as bad if not worse than last year. The committee told him that he can make up for the $30 million difference by taking money from other state agencies.

legislation Wyoming

Senate defeats bill to fund wildland fire

On Friday the US Senate failed to pass an amendment that would have fully funded U.S. Forest Service wildland fire management for 2013. Introduced by Senators Jon Tester (Montana) and Mark Udall (Colorado), the amendment to the Supplemental Appropriation for Disaster Assistance would have restored $653 million to the Forest Service’s Wildland Fire Management Account, which funds wildland fire preparedness, suppression, hazardous fuels reduction, fire research and development, and state fire assistance. The amendment would have increased the budget request for the Wildland Fire Management fund to the projected median cost of the 2013 wildfire season, $1.584 billion.

The amendment was defeated when Senator Jeff Sessions (Alabama) raised a point of order against the proposal, and the Senate failed to waive it in a 51-44 vote.

legislation

Will lawmakers allow the fiscal cliff to cut wildland fire programs by 8 percent?

As we first wrote on October 13, the Budget Control Act of 2001, called the “fiscal cliff”, will require federal wildland fire programs to be cut by at least $218 million, or 8.2 percent. Negotiations are underway to prevent the law from taking effect on January 2, 2013 as planned, but if lawmakers fail to come up with an alternative, there will be some very significant changes in the federal land management agencies.

The Center For American Progress has an article about some of the effects. Here are some excerpts:

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…Sequestration will have a big—and negative—impact on land and ocean management agencies. Here’s how it’ll affect all Americans:

Less accurate weather forecasts
Slower energy development
Fewer wildland firefighters
Closures of national parks
Fewer places to hunt
Less fish on your table
Diminished maritime safety and security

[…]

But the U.S. Forest Service faces tremendous cuts to its firefighting capabilities under sequestration. Its “Wildland Fire Management” account, which funds preparedness, fire suppression, hazardous-fuels removal, restoration, and state fire assistance, among other things, is slated to be cut by $172 million in fiscal year 2013 if the sequester moves forward. Additionally, the Department of the Interior’s “Wildland Fire Management” account faces a $46 million cut next year. The department also funds the “FLAME Wildfire Suppression Reserve Fund,” which will be cut by $7 million under sequestration. In total, funding for wildland fire prevention and assistance at the land management agencies will be cut by $225 million.

Without such funding, not only will Americans’ property and lives be more at risk, but special places such as national forests and national parks will be less resilient in the face of future fires.

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Thanks go out to Dick

fiscal cliff legislation sequester

Senators want more timber sales to protect urban areas

The six US Senators in Colorado, Wyoming, and South Dakota have signed a letter sent to Agriculture Secretary Tom Vilsack recommending an increase in the number of timber sales on national forests in areas prone to wildfires. In the letter dated November 8 the senators said overgrown forests, drought, vast stretches of trees killed by beetles, and more people living in fire zones have left the West at a critical juncture. They urged the US Forest Service to conduct more forest thinning near critical infrastructure and in areas where urban areas are up against forests.

The letter was signed by Senators Mark Udall and Michael Bennet of Colorado; Mike Enzi and John Barrasso of Wyoming; and Tim Johnson and John Thune of South Dakota.

John Thune legislation letter Photo by Bill G

Colorado Senator calls for modernization of air tanker fleet

Air tankers at Rapid City — 50-year old P2V air tankers at Rapid City, July 21, 2012. Photo by Bill Gabbert

A Colorado Senator has issued a press release stating that he is in favor of the modernization of the firefighting air tanker fleet. Senator Michael Bennet is quoted as saying:

After a wildfire season that has wreaked havoc in Colorado, it is clear that we need adequate resources in order to fight these fires and prevent extensive damage to our forests and surrounding communities in our state and across the country. With the average Forest Service aircraft more than 50 years old, I am committed to modernizing our aerial firefighting capacity and working with my Senate colleagues to pursue every avenue available, including possible legislation, to ensure that the necessary resources are available to fight future wildfires.

Mr. Bennet wrote a letter to Senators Jack Reed and Lisa Murkowski who serve as chairman and ranking member, respectively, of the Senate subcommittee that oversees the Forest Service’s appropriations. In the letter Bennet wrote, in part:

…the Secretary of Agriculture needs flexibility and options to renew a viable and effective fleet to protect the nation.”

Statements like that are very nice. Who is NOT in favor of more air tankers after learning the startling fact that the fleet has declined from 44 in 2002 to the 11 we have today. Most of us are also in favor of more apple pie and walks on the beach. But saying, like others have said over the last year, that he wants more air tankers and making a vague reference to legislation will not rebuild the fleet. Actions speak louder than words.

One of the primary reasons the number of air tankers is not scheduled to exceed 16 in the foreseeable future is that Congress and the President have cut the budget for fire suppression to the point that we can’t afford any more. When Congressmen and Senators whine about having too few air tankers, they need to look in the mirror.

Senators and Congressmen have the power to actually INTRODUCE and PASS legislation that would increase the U.S. Forest Service aviation budget that could provide funding for more air tankers. The agency only has the money now to add seven to the fleet over the next two years, and that will happen only if they can get their contracting house squared away so that they can award the contracts that have been advertised.

Thanks go out to Bean

air tanker legislation Photo by Bill G

Two men charged with starting 5,500-acre fire using exploding targets

Two men have been charged with starting the Dump Fire near Saratoga Springs, Utah that burned more than 5,500 acres and cost $2.1 million to put out. About 2,500 people were forced to evacuate.

Investigators say the men were shooting on June 21 when they hit an explosive target that started the fire in nearby vegetation. Identified as 37-year-old Kenneth Nielsen of Washington, Utah, and 42-year-old Jeffrey Conant of Woodinville, Washington, they were charged with misdemeanor reckless burning and using prohibited targets,

We first wrote about the surge in popularity of exploding targets and the increasing number of wildfires caused by these devices on October 11, 2012. In that article we listed 21 fires that were either confirmed or suspected to be caused by exploding targets since the first of June, 2012. And these are just the ones that we were able to find using Google.

Car destroyed by exploding target. Credit ABC7.com

These devices are sometimes called “binary exploding targets”, since they are completely inert until two powders are mixed at the site by the target shooter. After they are combined, the compound is illegal to transport. The manufacturers claim that the only way they can be detonated is by striking them with a high-velocity bullet fired from a high-powered center-fire rifle. At least one company has recently started offering targets that will explode when hit with a much less powerful .22 caliber rim-fire rifle.

Most of the wildfire community is only beginning to learn of of this disturbing trend.

Laws regulating the devices vary from state to state. CAL FIRE investigator Capt. Gregory Ewing, issued a safety bulletin following a June, 2012 fire in Riverside County that was started by exploding targets. He suggested that users of the targets could be charged with multiple felonies.

Possessing it with the intent to mix the two parts (thus creating an explosive) is a felony. Actually mixing the two parts is also a felony, and detonating it is yet another.

John N. Maclean, the author of several books about wildfires, in an October 18 OP-ED article on the New York Times’ web site, wrote about penalties that have been assessed against arsonists and others who have started wildfires. He briefly mentioned exploding targets:

Some practice shooters fire at exploding targets — store-bought canisters that blow up when pierced by a bullet. These are largely legal, but they should be banned immediately.

I agree with Mr. Maclean. It is ridiculous that these incendiary devices which have been demonstrated to be extremely dangerous in the hands of the average shooter, are legal. They should not only be illegal to transport after the two chemicals have been mixed, the kits to assemble them should not be legal to sell or possess.

Specific legislation is needed so that a person starting a fire with an exploding target can be charged with a crime that is more punitive than misdemeanor reckless burning or using prohibited targets, as was the case in the brain dead shooters that started the $2.1 million Dump Fire.

exploding targets John N. Maclean legislation prevention target shooting Utah

Federal wildland fire programs could be cut by $218M in January

If Congress allows the Budget Control Act of 2011, which has been called the “fiscal cliff”, to go into effect on January 2, 2013 the federal wildland fire programs will be cut by $218 million.

Most of the federal wildland fire appropriations will be subject to an 8.2 percent reduction since they are considered “discretionary”.

A report, prepared by the Office of Management and Budget (OMB), revealed the following cuts to wildland fire budgets that will be effective January 2, 2013; the numbers do not include the FLAME fire suppression accounts:

US Forest Service Wildland Fire Management: $172 million
Department of Interior Wildland Fire Management: $46 million

The OMB report said the major budget reductions were never intended to be implemented, and were supposed to to drive both political parties to reach a compromise on more sane budget cuts. The OMB said: “The Administration strongly believes that sequestration is bad policy, and that Congress can and should take action to avoid it by passing a comprehensive and balanced deficit reduction package.”

At a meeting on forest health Friday in Denver, Secretary of Agriculture Tom Vilsack said, “If Congress fails to act before the end of the year, the sequester that Congress has triggered will go into effect. That will result in every line item of virtually every aspect of USDA being cut by at least 8.2%, that’s every line item, no ability to transfer or prioritize the cuts.”

fiscal cliff legislation sequester

Wildfire news, October 8, 2012

U.S. Forest Service ran out of money for fires

Because the federal government only appropriates funds for firefighting based on a 10-year average, and with this year having more than the average number of fires, the U.S. Forest Service ran out of money. The agency had to take funds from other accounts to continue to suppress fires. Congress dealt with the issue, providing $400 million from the 2013 Continuing Resolution.

The Washington Post has a straight forward article on the subject, and if you like a little commentary thrown in, you can check out how FireDogLake reported the story.

Air tanker company busier than usual

And speaking of more fires than average, New Frontier Aviation which operates single engine air tankers, has been much busier this summer than in an average fire season. Andy Taylor, the owner of the company told a reporter for the Capitol Journal, that the last time he remembers a fire season being this busy was in 2006.

Nebraska official says better forest management could have lessened impacts of recent fires

A District Forester for the Nebraska Forest Service said better forest management could have lessened the adverse impacts of some of the recent fires that burned forest lands in the northwest part of the state. In the article attributed to the Associated Press, Chadron based District Forester Doak Nickerson suggested that land owners could concentrate more on “active management, a term that includes activities such as logging, grazing, thinning out diseased and insect-infested trees, and purposely setting controlled fires to clear brush that can feed a fire”.

Interestingly, the article was published by many organizations around the country with a misleading headline reading “Logging Could Have Eased Neb. Fires”, found on The Weather Channel, the Scotts Bluff Star Herald, and My San Antonio. To their credit, The Republic, an Indiana publication, had the following headline: “Official says Nebraska forest struck by wildfire was overgrown, could have been better managed”.

The Associated Press probably distributed the article with the suggested headline about logging, but The Republic must have actually read the article and composed a headline that more accurately reflected what the District Forester was reported as saying in the article. Good work by The Republic.

air tanker legislation Nebraska Photo by Bill G