You don’t live in Cleveland! ~ Sam Wyche

Why we can’t cut a tree down in Oregon ~ Forest Management


The restoration of the practice of Forestry in Oregon is going to be a very difficult task. We have to go back and redouble our efforts and enact specific legislation to account for Oregon’s unique position and insure a productive future for the forest & wildlife habitat and put the brakes on our shift towards a welfare state. As much as Greg Walden would tell you otherwise he has been unable to execute on forest work for the last 18 years. If you want a raise in income across the board it’s going to come from the forest whether you work in it or not!

First, thinning the forest is not forestry. Forestry is cutting down trees and using them as a resource and then replanting to rebuild the forest. There is no specific way that I can come up with an overnight solution to a problem that has been going on since the Northern Spotted Owl was put on the endangered species list in 1990, the adoption of the Northwest Forest Agreement of 1994 and the Bush inspired Healthy Forest Restoration Act of 2003 and many others. The quasi environmentalists continually recycle the same complaint and it always challenges the same ambiguous language in our various voluminous legislations. This is the exact reason the Resilient Federal Forest Act makes its way through Congress every year for the last 5 years and then goes nowhere in the Senate. Senate members are more weary of bad legislation. They can see the writing on the wall and that there is no one size fits all legislation for federal forest management throughout the entirety of the USA so they don’t waste their precious time putting a lot of debate into it. Greg Walden claims he’d like to put through specific legislation for Oregon but that’s not how it works in Congress. The reality is that any member can bring any bill to the floor. Maybe Greg is too lazy, perhaps doesn’t have the right resources or is too busy servicing his bought and paid for clientele list of donors. Mr. Walden has had 20 years of failure that’s marching us towards 0% of US GDP contribution to fix this and all we ever get out of him is cheap talk. If no one ever tries to make anything happen then nothing will.

My solution

Just like in Forestry where we break down the forest and then build it back up the law has to be broken down by a very large legal team including experts outside of my own legal counsel and other professionals and then built back up. We’re talking about plaintiff & defense attorneys who have practiced law before a court and not political attorneys who have only worked in the public sector and have no idea how to consider law from the aspect of Judge and Jury. We need attorneys who may have been on the plaintiff side of prior litigation who might have grown a conscience in the last 20 plus years and additional professionals like wildlife biologists and foresters who can read and translate the technical biological information and studies for the attorneys. One thing is for certain, Federal and State endangered species like the Northern Spotted Owl and various Salmon habitats have to be integrated into new law to coexist with the restoration of the practice of forestry as it’s done on state and private lands in Oregon. This law should not be hijacked by domestic terrorists who masquerade as environmentalists and have single handedly caused the destruction of the timber industry and the environment.

A Ton of Options

Getting President Trump to repeal the Inventoried Roadless Areas would absolutely make the quasi environmentalists heads explode; hopefully in unison. This is a presidential proclamation known as RARE1 & RARE2 and reaffirmed by President Clinton in the late 90’s. It’s not law. Greg Walden is well aware and has been advised that this is the best way to restart the timber industry at the forest level but since his interests belong to his donors and not your or my interests he hasn’t acted accordingly. With a repeal of the Inventoried Roadless Areas we could put in natural fire breaks as well as harvest valuable timber that would limit fire to manageable sizes and be beneficial instead of the runaway forest fires we’re now seeing that run into the hundreds of thousands of acres and reap devastation.

Writing legislation that amends language in the Equal Access to Justice Act that rewards quasi environmental organizations for winning cases they’ve lost at the local level and then win at the appellate level via mandated repayment of attorneys fees. These organizations are merely interlopers; they don’t represent the ENVIRONMENT, WILDLIFE OR THE PEOPLE they represent themselves! If they want to recover their attorney’s fees they need to file a motion and prove to the court that they’re entitled to them just like YOU & I would have to.

Turning management of federal lands over to the counties they’re domiciled in with federal oversight still intact but run to Oregon state standards. This is the easiest and most effective way to manage the forest but may take specific legislation for every federal forest and doubly difficult for federal lands that fall into more than one county. Translation: not easy but if we don’t try something we’ll continue to get nothing in return.

Amicus Participation. It’s not customary for congressional leaders to get involved in the defense of their own legislation although it is common for them to make motions on litigation that finds its way to the Supreme Court. Once they write legislation they wash their hands of it, especially if it’s challenged, and then expect that government attorneys will put up the needed defense even though they likely aren’t properly prepped for the challenge. That is a recipe for a disastrous loss and guess what; I don’t trust anybody that works for the government nor do I like to lose. If my legislation is challenged, and it will be, then expect to see my/our attorneys representing us in court filing amicus briefs and arguing our merits before the court. Consider our guys to be the experts and the ones that write the law not the federal version of your local public defender. If we’re conflicted we’ll find equally top notch attorneys to represent us and they will work for free or we will find funding. This is about winning and our livelihood. Just saying your nighttime prayers and hoping for the best only happens in never never land.

Pretending the Spotted Owl is a joke that doesn’t exist is like ignoring the elephant in your living room.

Northern Spotted Owl
Northern Spotted Owl Information Site
Northern Spotted Owl Monitoring Program
Just read a report or two on the link above and you can see what an uphill battle this is. We’re losing spotted owls and females faster than males. They’re existence is also under threat from the Barred Owl. We can thank the domestic terrorists that run around in courtrooms wearing suits with law degrees and call themselves environmentalists for this debacle.

More endangered species we need to be weary about that limit the practice of Forestry in Oregon. If you catch one please throw it back in the water:
Coho Salmon
Chinook Salmon
Bull Trout

Endangered species in Oregon
Federal Endangered Species
Oregon State Endangered Species

Enemies of the State:
Fir Engraver Beetle
Balsam Wooly Adelgid
Bark Beetle

What is the Equal Access to Justice Act and why is it the problem?

The EAJA, as it is known colloquially, is an act that provides a citizen in need of judicial redress the ability to sue the government and recover costs if they prevail in their claim. This is not an act that has anything to do with Forestry in general, it is part of the judicial fabric of America and an insurer of your civil rights. People are discriminated against every day, their rights are violated in public forums. Most of the time inadvertently. It is very important that you and I are provided with a remedy if our rights are trampled on and that we have the ability to recover our costs if justified. Attorneys don’t work for free.

Greg Walden’s prolific failures in forestry have led him to believe that the only way to combat environmentalists is to ‘gut’ the EAJA and he continually supports legislation like the 5 time failure called the Resilient Federal Forest Act.. currently headed for it’s 6th failure. Legislation that ‘guts’ a law as important as the EAJA will never make its way to the President’s desk and wouldn’t stand up for 1 minute against judicial review. There is EAJA enforcement action that has been ruled on by the Supreme Court with regard to Substantial Justification and Special Circumstances of payments of fees and numerous precedent cases by the 9th Circuit that uphold the non payment of fees when not justified but those are being ignored. It’s impossible to end the EAJA but it is possible to amend or enforce it!

The groups of people who claim to be ‘environmentalists’ are nothing more than domestic terrorists that use this law as a weapon and are likely to include the Unabomber as one of their heroes. Let’s take a look at our local Oregon environmental friends and make your own decision on what they’re up to.

Greater Hells Canyon Council & their Tax Return
The Mission: to connect, protect, and restore the wild lands, waters, native species and habitats of the Greater Hells Canyon Region, ensuring a legacy of healthy ecosystems for future generations.

The Reality: They had 12 employees but only the Executive Director Darrlyn Brown who was paid $42,660 in 2016. Revenues of
$424,268 for the year. Interesting to note that page 1 line 15 shows Salaries, other compensation and employee equals $179.614. Very strange.. has anyone seen Al Capone’s accountant… just my ‘personal’ opinion.

Oregon Wild & their Tax Return
The Mission: Oregon Wild supporters help us protect and restore our wildlands, wildlife, and waters as an enduring legacy for future generations. Please donate today to help us keep Oregon wild.

The Reality: 12 employess again but only 1 is paid. Sean Stevens the Executive Director paid himself $64,746 for the fiscal year ending September 30 but didn’t file the return until July 17, 2017. Revenue was $1,033,186 and if we look at page 11 line 11 we see that Mr Stevens likes to invest in publicly traded funds to the tune of $687,559 at years end. On the face of it my ‘opinion’ is that this is nothing more than a hedge fund.

Klamath Siskiyou Wildlands Center & their Tax Return
The Mission: To protect and restore wild nature in the Klamath-Siskiyou region of southwest Oregon and northwest California. We promote science-based land and water conservation through policy and community action. We envision a Klamath-Siskiyou region where local communities enjoy healthy wildlands, where clean rivers are teeming with native salmon, and where connected plant and wildlife populations are prepared for climate change.

Join us for an event or hike!

The Reality: 11 employees but only 1 paid. Executive Director Joseph Vaile paid himself $54,500 on revenue of $787,376. Salaries, other compensation and employee benefits shows expenditures of $478,192 and travel expenses of $22,293. On the face of it it seems Mr Vaile likes to travel and spares no expense.

Geos Institute & their Tax Return
The Mission: Our communities and natural environment are changing quickly. How we prepare for and respond to these changes will determine our resilience now and into the future. The Geos Institute team develops solutions that are effective, equitable, and science-based. You can be part of this important work.

The Reality: I’ve saved this one for last for a reason. Geos Institute claims 13 employees, one Director made a nominal $3965 while the two principles Tonya Graham and Dominick Dellasala made $101,421 and $131,092 respectively on revenues of $906,247. On the face of it my ‘personal thoughts’ tell me this is nothing more than a vehicle for a good living for it’s two principle employees.

Make sure you let the Donors of the above entities know that you’re not interested in being a client of theirs and you don’t care for their contribution to the destruction of our environment. A letter is the best way to get your point across.

Why ‘The Donald’ is part of ‘the fix’ ~ Our blessing in disguise.

This process will take a long time but our window of opportunity is likely very narrow. The amount of realistic time to break down the law and then build it back up into impenetrable legislation will probably take up the first year of my first term. While that is happening on the legal side I, as your representative, will have to make friends with 60 Senators. My pitch will be short and sweet. I’ll say if I can fix this in my state and set a precedent then you can get one of your Reps in your state, that actually cares, and he/she can do the same thing in yours but for now I need you to vote for my legislation!

What we can expect from this after the President signs it into law is immediate litigation. The would be environmentalists will take it before a federal court in Oregon and lose and then appeal to the notorious 9th District Court of Appeals in San Francisco. If they lose in the 9th circuit for an Injunction then it’s game on. We would be able to cut down trees the next day and there’s plenty of federal bid packages ready for publishing so that’s not going to be an issue. After a loss of their Injunctive action effort, their court case will drag on for years while Oregon prospers from their loss.

I’m no fan of the President. To me he’s just a Howard Stern superfan who would call the show every other day while I was driving around in my big truck or sitting behind my desk trying to keep a smile on my face and a get a good giggle for the first half of the day. That aside, he has surrounded himself with appointees that are amenable to business related endeavors. If he can say this will add jobs, high paying jobs and restore a broken economy in the state of Oregon he will sign it! My fear is that this is a once in a 4 year chance of a lifetime and the time is now or never. Whether his priorities for the country may not be in line with mine is beside the point. I’m not here to save the world; I’m here to save the 2nd Congressional District from its two arch enemy’s, the federal government and the state legislature. To me the people of District 2 come first, the people of the State come 2nd and the people of the Country come 3rd.

If you want to put a dent in crime & drugs and limit your tax liability to keep your city, county and state afloat and constantly seeking handouts from the federal government, we can do that. We can also recreate the same 150 years worth of opportunity we’re now so used to losing. This is the most important issue in the 2nd District and put I my name on it ~ Mark Roberts!

Curious why Greg Walden has failed us time and time again despite his repeated claims of success restoring the forest industry? Take a look at his latest & greatest piece of… attempted legislation and you’ll see why. There’s only 2 gaping holes in this piece of Swiss Cheese legislation. Note to self, there aren’t any actual burned trees in the Columbia Gorge Scenic Area but if something develops Greg intends to have them salvaged right away because that’s where he lives. Unfortunately it won’t happen with this garbage legislation. If it was really this easy it would’ve been done long ago.