KFA Violates Rules
By Liz Bowen, Pioneer Press
April 14, 2004

SISKIYOU COUNTY – It appears that the many demands and lawsuits brought by the Klamath Forest Alliance, also known as KFA, has violated the nonprofit’s own Articles of Incorporation.

It all comes down to the definition of "influence."

In Funk and Wagnalls Standard Desk Dictionary, this definition of "influence" is given:

"The power of persons or things to produce effects on others, esp. (especially) by indirect means."

If the Klamath Forest Alliance and its officers or employees have ever testified to governing bodies, used activist propaganda, or brought "notice of intent to sue" and resulting lawsuits against a government agency regarding legislation, then KFA likely violated its Articles of Incorporation.

How long can a corporation do illegal activities before authorities will intervene?

This is a question now being posed to the current California Secretary of State, Kevin Shelley, by the Pioneer Press.

The Articles of Incorporation are a legal document filed in the California Secretary of State office.

The most recent filing by KFA was granted Nov. 25, 2003 by Secretary Shelley. KFA filed its original Articles of Incorporation on July 1, 1989 as "A California Public Benefit Corporation."

Seven individuals signed as directors. They were: Barbara Short, of Somes Bar; Felice Pace, of Hurds Gulch Road, Fort Jones; Peter Brucker, Forks of Salmon; Susan Terence, Forks of Salmon; David Jacques, Forks of Salmon; Tim McKay, of Arcata; and Chris Adams, Somes Bar.

On Nov. 3, 1989, California Secretary of State, March Fong Eu, granted KFA its tax-exempt status as a nonprofit corporation.

The rub comes on the first page of the Articles of Incorporation in section FOUR (c), where it states:

"No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation … ."

State-elected officials are taking notice.

"If Pace has lobbied the State of California or its representatives … on environmental issues, he appears to be in clear violation," said David Reade, chief of staff for California Assemblyman Doug LaMalfa.

For nearly a decade, Pace was not only a director, but employed as the executive director of KFA. Reducing the harvesting of timber on private, state and federal lands were his initial thrusts. There have been lawsuits against the U.S. Forest Service regarding timber harvests, roadless or decommission of roads; including testimony to congress.

A few years ago, Pace expanded his focus and became KFA Conservation Director bringing lawsuits regarding water use and water rights in the Klamath River watershed and private landowners in Siskiyou County of California.

To be specific, witnesses have seen and heard Pace and another KFA Executive Director, Carol Wright, when they have appeared at California Board of Forestry and other state meetings. The State Department of Water Resources and California Water Quality Control Board officials have heard regularly from KFA regarding water issues and the Clean Water Act.

KFA has claimed it was a major proponent of the listing of coho salmon to the Endangered Species Acts and has actively complained and threatened lawsuits to the California Department of Fish and Game (DFG); and the state Fish and Game Commission, which governs the DFG; and the federal National Marine Fisheries Service, now calling itself NOAA Fisheries; and the U.S. Fish and Wildlife Service; and the federal Bureau of Reclamation, Klamath Project.

During the 1990s, Pace watchdogged the Siskiyou County Board of Supervisors and commented at meetings. He sent a letter of complaint to the county in 1998, when he was not appointed as a director to the Siskiyou Resource Conservation District. He stated that the district (which is an arm of the county government) was not in "compliance with the state legislated program." Pace also referred to other appointments of directors to the district as "illegal."

In "KFA NEWS ALERT" newsletters, Pace has boasted of successes in legislation and in litigation. He has also bemoaned a few losses. Pace consistently asked his "activists" to write to elected and appointed government officials regarding the issues that KFA was promoting.

In the "KFA Board of Directors Meeting-Minutes" dated June 27, 2001 at the Etna Office, the board approved "litigation should it become necessary" for:

1- Upper Klamath Basin: Water for Bald Eagles in Wildlife Refuges;

2- Big Bar Fire Salvage: Temporary restraining Order for "Fuel Reduction for Community Protection."

In short, through the threat of lawsuits, public testimony and documented angry outbursts by Pace in public meetings, KFA has attempted to influence private landowners, watershed groups, county departments, Resource Conservation Districts, irrigation districts, Siskiyou County Board of Supervisors, state departments and officials, and federally-elected officials and agencies.

KFA and Pace’s actions ooze with influence and propaganda involving environmental issues, according to KFA’s own newsletters.

Short list of KFA's activities

The following is a short list of influences made by Klamath Forest Alliance. These have been sent to the Secretary of State, Kevin Shelley. If anyone knows of other specifics, contact Secretary Shelley or the Pioneer Press and they will be added to the long list.

1995

- Secured a commitment of $500,000 from the U.S. Department of Interior for an in-stream flow needs assessment that covered not only the mainstem of the Klamath, but also the Scott and Shasta Rivers.

- Secured a commitment of the Department of Interior to develop a long-term operating plan for the Klamath Irrigation Project.

- Clean Water Act lawsuit to force EPA (Environmental Protection Agency) and California Water Board to address sediment and temperature issues in the Scott, Shasta and Klamath Rivers.

1996 - 1997 -

- Intervention in a lawsuit that was brought by Klamath Project irrigators, but lost.

- KFA and ONRC were engaged in Clean Water Act administrative advocacy and citizen enforcement litigation.

- KFA appealed grazing allotments on the Forest Service managed Forests in the Klamath Basin.

- KFA prepared a report on National Forest roads. "The report is a tool we will use in our continuing efforts to accelerate road decommissioning in key salmon watersheds." Pace said in the Klamath River Protection Program Report - October 1996.

-A cooperative project with the Karuk Tribe and the U.S. Forest Service, decommissioning of Steinacker road in Wooley Creek was accomplished.

- KFA was "actively interacting" with the National Marine Fisheries Service concerning standards for riparian and watershed protection pursuant to the coho salmon listing to the Endangered Species Act.

- As a co-petitioner and co-plaintiff, the coho listing was creating the "anticipated strategic impact" to drive reform of agriculture, forestry and other practices.

1998

- Wrote a letter to the County of Siskiyou complaining of "illegal appointments" of individuals to the Siskiyou Resource Conservation District after Felice Pace, executive director of KFA, was denied a position on the district.

1999

- Carol Wright, executive director of KFA, traveled to Washington D.C. to lobby against the timber industry.

- Asked activists to write comments on the new Forest planning regulations and provided information to use in comments.

- Argued to increase the size of the Soda Mountain Area.

- KFA and Oregon Natural Resources Council filed a "notice of intent" to file suit against the Bureau of Reclamation in the upper basin of the Klamath Project regarding regulation of releases from Iron Gate Dam and its impact on lower Klamath coho salmon.

2000

- Complained to the U.S. Fish and Wildlife Service that it wanted all funds scrutinized that may be used to aid the new Scott River Watershed Council. Questioned the validity of the new watershed council, which served as an advisory group to the Siskiyou Resource Conservation District.

- Filed lawsuit against County of Siskiyou and Nash Ranch regarding use permit for a reclamation plan. Filed an appeal, when the lawsuit lost in court.

- Comment on California Board of Forestry Timber Harvest Rules, with threats of litigation.

2001

- Sent "notice of intent" to sue the U.S. Forest Service, National Marine Fisheries Service, California Department of Fish and Game and California Department of Water Resources about the alleged "take" of coho salmon in local streams.

- Judge ruled against KFA's appeal of decision regarding County of Siskiyou and Nash Ranch use permit.

- Pace and Carol Wright blasted socio-economic study in the Siskiyou County Board of Supervisors meeting and provided packets discussing the "fantastic waste of money."

- In a letter to the California Department of Fish and Game, KFA officials stated that the organization was considering petitioning to have spring chinook listed as endangered pursuant to federal and state Endangered Species Acts. As "Conservation Director" Pace requested the Fish and Game commission take "emergency action" and limit fishing.

- "Notice of Intent" to sue Heidi and Doug Cole for using their water right.

- Pace blasted the Siskiyou County Board of Supervisors for passing a resolution supporting the Klamath Basin farmers.

- Bragged in an "interview" that was posted on web sites that KFA has "won lawsuits and sat with the President at the Forest conference ... ."

-Pace wrote to U.S. Congressman Wally Herger stating he represented "Family Farmers in Siskiyou County" and slammed Herger for his opposition a rider HR2646 Farm Bill.

2002

- Pace claimed to represent "Family Farmers in Siskiyou County" and emailed numerous "salmon advocates" to oppose $600,000 that "may be granted" to local farmers and ranchers by the California Water Control Board for fish restoration.

- Pace publicly opposed the Siskiyou County Board of Supervisors resolution that asked the State of California not to list the coho salmon with the California Endangered Species Act.

- In the KFA newsletter Vol. 6, Issue 1, Winter 2002, Pace said that Carol Wright was stepping down from serving as executive director of KFA, but that she will continue as "volunteer activist" covering government activity in Sacramento and to work for forest roadless and Wilderness protection.

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