PORT ANGELES — The recent pause on some older tree sales in state-managed forests will not affect parcels that already have been approved or auctioned, despite some environmentalists’ hopes.
When Dave Upthegrove was sworn in as the state’s public lands commissioner on Jan. 15, he immediately enacted a pause on the approval for auction of state-managed “legacy forests,” a campaign promise.
Legacy forests, a term used by activists rather than the state Department of Natural Resources (DNR), are older, structurally complex tree parcels that are not quite old growth stands and therefore do not qualify for automatic protection under DNR’s policy.
Some environmental activists had hoped the pause also would apply to legacy forests that already had been approved for auction, or those that had been auctioned but not yet logged.
There is precedent for DNR to cancel sales that the Board of Natural Resources (BNR) already had approved for auction or sold, according to Elizabeth Dunne, director of legal advocacy with the Earth Law Center.
Last year, after public advocacy and a lawsuit, the 69-acre Power Plant timber sale in the Elwha Watershed was canceled after it already had been sold.
A number of legacy forests across the state had been approved for auction in the months before Upthegrove took office, often despite opposition from advocacy groups.
They include local Clallam County sales such as Parched and Tree Well in the Elwha Watershed, which were auctioned in December, and Dungeness and Dragons near Sequim, which was scheduled for auction this month.
“The hope and the ask is that the auction would be paused,” Dunne said. “From our perspective, these sales should never have been brought to the board’s approval in the first place.”
However, after reviewing his administrative options, Upthegrove said he “do[es] not see a successful path forward for me to unilaterally stop them.”
“It’s always incredibly difficult to unwind an action after it’s been approved and implemented, and the legal and procedural challenges of administrative action here make it virtually impossible,” he said in a statement.
Although Upthegrove noted he would not be taking action to cancel pre-approved or already-sold forests, some legacy forests sales could be canceled by the courts due to pending lawsuits.
The Legacy Forest Defense Coalition has filed appeals in Jefferson County for Units 1 and 2 of the Last Crocker Resale Sorts and Maladjusted. It also has filed appeals in Clallam County for Dungeness and Dragons and filed joint appeals with the Earth Law Center for Parched and Tree Well.
“Their ultimate outcome will be determined through legal processes,” Upthegrove said.
While pre-approved and sold forests will not be affected, those legacy forests that would have been approved for sale within the next six months or so will now be paused. During the pause, the DNR will use new technology to identify and map the characteristics of the forests as well as establish criteria for which legacy forests will meet the DNR’s long-term goals, according to the Washington State Standard.
The Clallam County sales that are likely to be paused include Alley Cat, Beaver Hill and Tiger Stripe Sorts. In Jefferson County, K1200 likely will be affected, according to DNR documents.
The postponement of these sales could impact the counties and relevant junior taxing districts, such as schools and hospitals, which receive money from DNR timber sales.
The total appraised value of the four affected sales is more than $5 million, according to DNR documents, and the Clallam County sales were estimated to bring taxing districts at least $2.9 million.
Because of the pause, those funds will be held up from reaching the taxing districts.
Dunne said she hopes the temporary pause of legacy forest sales will give DNR time to redesign sales and look at other opportunities to provide revenue for junior taxing districts, such as replacement timber sales or forming partnerships to raise private and public replacement funds.
________
Reporter Emma Maple can be reached by email at emma.maple@peninsuladailynews.com.
