FORESTS
Senate accepts compromise forest-thinning language, 97-1

Dan Berman, Environment & Energy Daily reporter

As devastating wildfires continue to smolder in Southern California, the Senate today moved to the brink of passing H.R. 1904, the "Healthy Forests Restoration Act," with an overwhelming 97-1 vote to approve a compromise forest-thinning amendment.

The compromise amendment is expected to break a Senate impasse on the legislation, replacing Title I of a companion House-passed bill with language that protects old-growth forests in exchange for restrictions on appeals of logging projects. The compromise is meant to protect forests and communities from catastrophic wildfires.

Unlike the House bill, the Senate compromise would avoid using proceeds from timber sales to pay for fuel reduction projects by authorizing $760 million annually, with a requirement that at least half of those funds be used in wildland-urban border areas near residential communities. The remaining funds would go towards thinning in watershed areas, endangered species habitat or areas damaged by insect infestation.

Sen. Jack Reed (D-R.I.) was the only senator to vote against the compromise.

Senators are expected to consider other amendments to the bill into the evening. Led by Sens. Barbara Boxer (D-Calif.) and Jeff Bingaman (D-N.M.), possible amendments to the bill include those covering language such as judicial review, wildland-urban interface and fuel-reduction funding.

Though there is no schedule for final approval of the bill, final votes are expected tonight.

White House support

The Bush administration today repeated its strong support for the compromise language but issued a statement of administration policy (SAP) opposing any further amendments, "to assure quick resolution with the House."

H.R. 1904 "would further equip federal land managers with the additional tools they need to restore forest health, safeguard habitat and watersheds, combat disease and insects, and protect lives and communities," the SAP states.

The compromise amendment was endorsed by Senate Agriculture Committee Chairman Thad Cochran (R-Miss.), Forestry Subcommittee Chairman Michael Crapo (R-Idaho), Senate Minority Leader Tom Daschle (D-S.D.), Sen. Dianne Feinstein (D-Calif.) and Sen. Ron Wyden (D-Ore.), among others.

Environmentalists have opposed both the House bill and the Senate compromise language, saying the "Healthy Forests" effort is an attempt to subsidize logging of national forests and undercut national environmental laws.

Supporters of the Senate compromise say it improves on the House language by mandating that 50 percent of all fuel-reduction projects take place in the wildland-urban interface and providing the first federal statutory protections of old-growth forests.

Regulatory changes in the House-passed bill would limit alternatives that can be studied under required National Environmental Policy Act assessments, streamline the appeals process, and increase the use of categorical exclusions that allow agencies to bypass the study process altogether. Supporters say the NEPA rules and lawsuits by environmental groups slow down needed thinning projects.

"Citizens have a right to access on timber sales, but they don't have a constitutional right to a five-year delay," Wyden said.

The House bill would give federal judges 45 days to review preliminary injunctions against logging projects, while the Senate compromise would grant 60 days, as well as remove a provision requiring judges to give weight to findings by the Interior or Agriculture departments when making decisions.

"The bottom line is this compromise will allow the Forest Service to spend more time doing on-the-ground fuel reduction projects," Daschle said.

A :? lttle too late ya think?

Healthy Forest Initiative Passes - A New Era In Environmental Management Has Begun

October 2003 will be a month to remember for years to come. It will be remembered for the devastating wildfires that have ravaged Southern California leaving death and destruction in their wake. It will also be remember for the passage of the Healthy Forest Initiative, HR 1904.

United Four Wheel Drive Associations expresses deep concern and sympathy for the families that have lost loved ones and homes in the wake of the destructive Southern California wildfires. As the damage assessments progress, the toll continues to rise.

United has long advocated management of our natural resources. The management actions include a comprehensive fuels reduction program within our forest and the urban forest interface. Almost six months ago, the U.S House of Representatives passed the Healthy Forest Initiative, HR 1904. This bipartisan initiative, supported by the administration, was sent to the Senate where it languished until the October 2003 wildfires. President Bush introduced the Healthy Forest Initiative after the disastrous 2002 Biscuit Fire in Oregon. United regrets that another major disaster was needed to move this much needed initiative forward.

On October 30, 2003, the Senate by a margin of 80-14 passed the Healthy Forest Initiative. During the Senate Discussions an editorial in the San Jose Mercury News was mentioned that likened the California wildfires to The Three Mile Island disaster as a turning point in policy.

Looking forward, this initiative is viewed as a turning point in the nation's history of environmental actions. The Healthy Forest Initiative brings hope for forests that will be a natural resource and a safe and memorable place to visit. Our children and our
grandchildren will have a safe place to visit and experience our natural heritage.

The general public is deeply concerned about the condition of the environment and personal safety. They desire wildlife available for viewing and scenic vistas to enjoy. They also want to be feel safe while enjoying the natural wonders and in their homes. The public desires to share the natural heritage with friends and family today as well as in the future. How can our children learn and appreciate our natural heritage when native species are allowed to deteriorate and historic routes are routinely blocked or eradicated from existence?

United applauds the Representatives and Senators that have acknowledged that public safety is a major concern. The Healthy Forest Initiative signals a change in resource management philosophy that will lead to continued improvements in water and air quality for generations to come. This initiative will address the publics desire
for safety now and for future generations while providing our children the opportunity to view the many natural wonders of public lands.

Senator Smith's Floor Speech - HR 1904

MR. SMITH: MADAM PRESIDENT, I RISE TODAY IN STRONG SUPPORT OF H.R. 1904 AND THE TITLE ONE COMPROMISE REACHED BY MANY OF MY COLLEAGUES ON BOTH SIDES OF THE AISLE. I COMMEND THEM FOR THEIR WORK AND I TELL YOU THAT THE ISSUE WE TAKE UP TODAY IN UNITED STATES SENATE IS VITAL, IT IS IMPORTANT TO OUR ECOLOGY, AND IT IS IMPORTANT TO OUR ECONOMY.

MADAM PRESIDENT, WHEN I FIRST ENTERED PUBLIC LIFE AS AN OREGON STATE SENATOR IN 1992, THE PACIFIC NORTHWEST WAS EMBROILED IN THE SPOTTED OWL WARS AND THERE WAS A GREAT DEBATE AND HAS BEEN EVER SINCE ABOUT WHAT TO DO WITH OUR PUBLIC RESOURCES, HOW THEY OUGHT BEST TO BE MANAGED. AND IN THE COURSE OF THIS DEBATE, I HAVE, THROUGH MY PUBLIC OFFICE, TRIED TO WEIGH IN ON THE SIDE OF THOSE WHO ELECTED ME TO PUBLIC TRUST.

I COME FROM A PART OF MY STATE THAT IS RURAL. I HAVE AS MY NEIGHBORS FARMERS AND FORESTERS AND I HAVE SEEN IN THEIR EYES THE DESPERATION THAT COMES FROM WATCHING THE SLOW UNDOING OF THEIR INDUSTRIES, AND IN RECENT TIMES THE DESTRUCTION OF EVEN THEIR HOMES.

I WATCH WITH GREAT SADNESS, MADAM PRESIDENT, AS WE VIEW MANY OF OUR FELLOW CITIZENS FROM CALIFORNIA VIEW THE ASHES OF THEIR LIVES IN THE FORM OF THE CATASTROPHIC FIRES THAT DESTROY THEIR COMMUNITIES AND BURN UP THEIR HOMES.

THEIR CRIES ARE HEART-WRENCHING AND I SUSPECT BECAUSE THEY ARE HEARD SO CLEARLY IN THIS BODY, WE ARE NOW TAKING UP THIS LEGISLATION THAT HAS LONG BEEN OVERDUE FOR OUR COUNTRY'S SAKE.

BUT LONG BEFORE I HEARD THE CRIES OF CALIFORNIANS, I HEARD THE CRIES OF OREGONIANS, AND, MADAM PRESIDENT, IN THE STATE OF OREGON, FROM THE SPOTTED OWL WARS, WE HAVE IN MY STATE LAID OFF TENS OF THOUSANDS OF WORKERS. WE HAVE WATCHED THEIR LIVES UNDONE IN RURAL COMMUNITIES. WE'VE CLOSED OUR MILLS, AND WE HAVE SINCE WATCHED OUR FORESTS BURN.

AND NOW MY STATE LEADS THIS COUNTRY IN BOTH HUNGER AND IN UNEMPLOYMENT, AND IT HAS MUCH MO DO WITH THE FOREST POLICY OF THIS COUNTRY. TIMBER IS A RENEWABLE RESOURCE. IT IS THE ONE NATURAL RESOURCE THAT GROWS BACK CONSTANTLY. IT IS SAFE TO SAY -- INDEED, EVEN PROVABLE TO SAY -- THAT IN THESTATE OF OREGON TODAY THERE IS MORETIMBER GROWING THAN WHEN LEWIS AND CLARK WENT THERE 200 YEARS AGO AND THAT IS FOR A CENTURY, WHILE WE HAVE HARVESTED TREES, WE HAVE REPLANTED WHAT HAS BEEN HARVESTED.

BUT IF YOU LISTEN TO THE GREAT PAPERS IN THIS COUNTRY, THE NEW YORK TIMES AND "THE WASHINGTON POST,"AND YOU MIGHT BELIEVE WHAT THEY PURPORT TO REPRESENT ABOUT MY STATE, YOU WOULD COME AWAY WITH THE IMPRESSION THAT WE'RE ABOUT TO CUT DOWN THE LAST PINE TREE IN THE PACIFIC NORTHWEST. BUT AGAIN THE TRUTH IS MUCH THE DIFFERENT.

WHAT WE HAVE SEEN, NOW IN CALIFORNIA AND SO OFTEN IN THE PACIFIC NORTHWEST -- MONTANA, IDAHO, OREGON, WASHINGTON -- ARE THESE FIRES WHICH ARE A NORMAL OCCURRENCE IN FORESTS, BUT NOW ON A SCALE AND INTENSITY THAT IS TRULY HAUNTING, AND WE ARE LEAVING MILLIONS OF ACRES NO LONGER AS OLD-GROWTH FORESTS BUT AS LITERALLY MOONSCAPES. AND WHAT I WANT MY COLLEAGUES TO UNDERSTAND AS WE GO INTO THIS DEBATE IS MANY OF THE FORESTS WHICH ENVIRONMENTAL GROUPS HAVE PLED THAT WE PROTECT, THOSE FORESTS IN LARGE PART ARE NOW GONE OR IN SERIOUS JEOPARDY. AND THEY'RE NOT GONE FROM LOGGING.

THEY'RE NOT GONE FROM ROAD-BUILDING. THEY'RE NOT GONE FROM DEVELOPMENT. THEY ARE GONE BECAUSE OF BUREAUCRACY, BUGS, AND BURNING. AND NOW WE FIND IN SOME OF OUR FORESTS JUST CARBON DIOXIDE IN THE AIR AND CHARCOAL MATCH STICKS ON THE GROUND.

A VISUAL, MADAM PRESIDENT, SHOWS IT ALL. THIS IS FROM A FIRE THIS SUMMER AROUND THE BEND, OREGON AREA. THE SECOND PICTURE IS A FIRE FROM THE PREVIOUS SUMMER IN THE -- THE BISCUIT FIRE IN THE ROGUE-SISKIYOU NATIONAL FOREST.

WELL, WHAT WE'RE FINDING IN PLACES LIKE THE BISCUIT FIRE IS THAT TREES AREN'T GROWING BACK BUT, RATHER, BRUSH FIELDS ARE GROWING BACK AND THEY'RE GROWING BACK SO THICKLY THAT NEW TREES CAN'T GROW, AND YET WE'RE NOT ALLOWED TO GO IN THERE AND MANAGE THE SOILS. AND THEY'RE GROWING SO THICKLY THAT IT MAY BE A LONG, LONG TIME BEFORE TREES EVER BEGIN TO MANIFEST THEMSELVES AGAIN.

THIS FIRE RIGHT HERE, THE BISCUIT FIRE, WAS THE LARGEST IN OREGON'S RECORDED HISTORY. IT IS ALSO A MONUMENT TO THE MISTAKEN NOTION THAT WRAPPING RED TAPE AROUND OUR FORESTS WILL SAVE THEM FROM WILDFIRES. WILDFIRES DON'T STOP AT LINES DRAWN ON A MAP, AND THIS WE SEE SO CLEARLY FROM CALIFORNIA TODAY.

IN THIS AREA, THE ROGUE-SISKIYOU NATIONAL FOREST -- SO THE PUBLIC UNDERSTANDS THE EXTENT OF THIS DEVASTATION -- THIS FIRE WAS LARGER THAN THE STATE OF RHODE ISLAND. IT IS FOUR TIMES THE SIZE OF THE DISTRICT OF COLUMBIA. AND IN THIS FOREST, 85% OF THE ROADLESS AREA THAT WAS DESIGNATED IS GONE. 77% OF THE WILDERNESS THE SAME FIRE IS GONE. AND 68% OF THE WILD AND SCENIC RIVER CORRIDOR IS GONE. AND OVER 70% OF THE SPOTTED OWL HABITAT IN THIS ENORMOUS AREA IS GONE. THOSE BIRDS HAVE BEEN BURNED UP.

AND THE MESSAGE FROM THE GROUND COULD NOT BE CLEARER: CATASTROPHIC WILDFIRE -- NOT LOGGING, NOT ROAD-BUILDING, NOT DEVELOPMENT -- IS KILLING OREGON'S FORESTS.

I LIKE THE WORDS OF OREGON'S FORMER GOVERNOR, WHO AFTER SEEING THESE FIRES SAID, " "IF WE BURN DOWN THE FORESTS, WE'RE NOT GOING TO HAVE A RESOURCE TO ARGUE OVER."

HE WAS RIGHT. AND WE'RE RIGHT TO PURSUE THIS LEGISLATION TODAY. I WOULD SAY TO MY COLLEAGUES THAT THERE MAY BE SOME DOING THE BIDDING OF ENVIRONMENTAL ORGANIZATIONS WHO WILL COME TO THE FLOOR AND OFFER AMENDMENTS, AMENDMENTS DESIGNED TO KILL THIS LEGISLATION, SO THAT IT -- SO THAT THE HELP THAT OUR FORESTS NEED AND OUR PEOPLE NEED CANNOT BE DELIVERED. AND I WOULD SAY TO THEM THAT MANY OF MY COLLEAGUES ON THE DEMOCRATIC SIDE HAVE SHOWN ENORMOUS COURAGE. CHIEF AMONG THEM IS MY COLLEAGUE, RON WYDEN, IN COMING UP WITH A COMPROMISE. AND I PLEAD WITH ALL OF MY COLLEAGUES, REPUBLICAN AND DEMOCRAT, THAT THEY HOLD TO THIS AGREEMENT THAT THE DEMOCRATIC LEADER HAS NOW COME TO THE FLOOR AND ENDORSED, BECAUSE THIS HAS TO HAPPEN FOR OUR COUNTRY'S SAKE.

IT IS LITERALLY A LIFE-AND-DEATH ISSUE. AND I PLEAD THAT THOSE WHO HAVE AMENDMENTS WILL THINK AGAIN ABOUT IT. BECAUSE THIS LEGISLATION TRULY NEEDS TO PASS.

I UNDERSTAND ONE OF THE AMENDMENTS MAY BE A ROADLESS INITIATIVE. AND THAT MAY BE FINE TO DEBATE IN ISOLATION OR AS PART OF A SEPARATE PIECE OF LEGISLATION, BUT IF PRESENTED TO FRUSTRATE THIS, IT'S TRULY UNFORTUNATE.

THE SIERRA CLUB'S WEB SITE TELLS US THAT ROADLESS FORESTS "PROVIDE SOURCES OF CLEAN WATER TO MILLIONS OF AMERICANS, ESSENTIAL HABITAT FOR WILDLIFE, AND SPECIAL PLACES TO HIKE, HUNT, CAMP, AND FISH." THAT IS TRUE, UNLESS THIS (WILDFIRE) IS WHAT HAPPENS TO THE ROADLESS AREA.

WE HAVE EVERY REASON TO PASS THIS MODERATE LEGISLATION, AND MANY OF US ON THE REPUBLICAN SIDE WOULD HAVE CRAFTED SOMETHING THAT GOES FURTHER THAN THIS LEGISLATION. WE WOULD HAVE DONE SOMETHING LIKE THE HOUSE OF REPRESENTATIVES DID, WHICH I ENDORSED.

BUT WE ARE NOW HOLDING TO THIS AGREEMENT, AND WE'LL BE VOTING AGAINST AMENDMENTS, EVEN ONES WE MAY LIKE, THAT ARE DESIGNED TO KILL THIS LEGISLATION. AND I HOPE EVERYONE WILL HOLD TO THE DEAL, BECAUSE IF WE HOLD TO THE DEAL HERE, WE'LL HOLD TO THE DEAL IN CONFERENCE. AND THAT WILL LEAVE AMERICA'S FORESTS AND AMERICA'S FORESTERS THE BETTER BECAUSE OF THE WORK THAT WE DO.

SO, MADAM PRESIDENT, FOR THE SAKE OF OUR ECOLOGY AND THE SAKE OF OUR ECONOMY, I URGE THE PASSAGE OF THIS BILL AND THANK ALL OF MY COLLEAGUES, REPUBLICAN AND DEMOCRAT, WHO'VE HAD A HAND IN CRAFTING THIS SENATE COMPROMISE BECAUSE THEY'VE DONE GOOD WORK AND WILL LEAVE OUR NATION BETTER.

I THANK THE PRESIDENT. I YIELD THE FLOOR.

Pretty sad that it takes a MAJOR incident to instill some common sence. I bet if their homes were in danger the MILITARY would have been called in first thing .