[Congressional Record Volume 142, Number 29 (Wednesday, March 6, 1996)]
[Senate]
[Pages S1603-S1605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BRADLEY (for himself, Mr. Leahy, Mr. Simon, Mr. 
        Lautenberg, Mr. Graham, Mr. Bryan, Mr. Pell, Ms. Moseley-Braun, 
        and Mr. Kerry):

  S. 1595. A bill to repeal the emergency salvage timber sale program, 
and for other purposes; to the Committee on Energy and Natural 
Resources.


 THE RESTORATION OF NATURAL RESOURCES LAWS ON THE PUBLIC LANDS ACT OF 
                                  1996

 Mr. BRADLEY. Mr. President, today I am introducing legislation 
to repeal the emergency salvage timber provisions that Congress enacted 
as part of last year's rescissions bill. I believe that the salvage 
rider is one of the biggest mistakes that Congress has made in natural 
resource management in the last 25 years. We need to admit our error 
and correct it as soon as possible with new legislation.
  Both consciously and unwittingly, last Spring this body endorsed a 
program of logging without laws which undermines environmental 
protections for precious resources and has slight economic 
justification. Even worse, we passed the original rider with little 
understanding of its potential impact, without holding hearings, and 
based on an ``emergency'' that may not exist.
  Members thought they were voting to remove dead and dying trees from 
our national forests in order to protect forest health and capture the 
remaining value of trees which had been damaged in a series of 
devastating forest fires. However, the rationale on which the rider was 
based, deteriorating forest health conditions, the rationale on which 
the rider was based, is supported by very little data. We lack even 
basic information to justify cutting trees on the scale endorsed by the 
rider and under conditions which effectively suspend environmental 
laws, and terminate almost all avenues for administrative and judicial 
appeal.
  Members were surprised to find that the courts have interpreted the 
law to mandate the cutting of some of America's most valuable trees, 
including the healthy, old growth forests of western Oregon and 
Washington which have been off-limits to timber sales for years due to 
environmental concerns. These forests support a rich mix of fish and 
wildlife, from endangered bird species to commercially important salmon 
and are valuable as well for their own beauty and uniqueness. Yet under 
the rider these majestic trees might be sold at bargain prices under 
outdated contracts and using outdated environmental terms.
  This is not just an issue for the Northwest. The rider also requires 
that the Forest Service offer salvage sales in all regions of the 
country including sales that would otherwise be rejected for legitimate 
environmental reasons. Although agencies such as the National Marine 
Fisheries Service, Fish and Wildlife Service and the Environmental 
Protection Agency have objected to many of these sales, courts have 
held that they must go forward, no matter how devastating, because they 
are required by the letter of the law.
  In addition, the rider undermines President Clinton's consensus 
Northwest forest plan which took many months to produce and gave some 
hope for settling the region's longstanding timber wars. Instead, under 
the rider, the timber wars have resumed at full force.
  Now we have a chance to reverse the mistakes we made last year and 
take a more measured approach to timber salvage sales. First, my bill 
returns forestry law to where it was before the rider was passed. Trees 
can still be cut but environmental laws must be obeyed. I believe it is 
appropriate to completely repeal the salvage rider, not just modify it 
around the edges and invite further confusion from the courts.
  Second, my bill calls for a study of the forest health issue by the 
National Academy of Sciences and the General Accounting Office in order 
to determine the extent of the problem and how it can best be 
addressed, both financially and ecologically.
  I urge my colleagues to join me in reversing last year's mistake. It 
is time

[[Page S1604]]

to restore lawful logging on our national forests.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record as follows:

                                S. 1595

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Restoration of Natural 
     Resources Laws on the Public Lands Act of 1996''.

     SEC. 2. REPEAL OF EMERGENCY SALVAGE TIMBER SALE PROGRAM.

       (a) Definition of Secretary Concerned.--In this section, 
     the term ``Secretary concerned'' means--
       (1) the Secretary of Agriculture, with respect to an 
     activity involving land in the National Forest System; and
       (2) the Secretary of the Interior, with respect to an 
     activity involving land under the jurisdiction of the Bureau 
     of Land Management.
       (b) Repeal.--Section 2001 of Public Law 104-19 (109 Stat. 
     240; 16 U.S.C. 1611 note) is repealed.
       (c) Suspension.--
       (1) In general.--Notwithstanding any outstanding judicial 
     order or administrative decision interpreting section 2001 of 
     Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) (as in 
     existence prior to the date of enactment of this Act), the 
     Secretary of Agriculture and the Secretary of the Interior 
     shall suspend each activity that was being undertaken in 
     whole or in part under the authority provided in the section, 
     unless the Secretary concerned determines that the activity 
     would have been undertaken even in the absence of the 
     subsection.
       (2) Resumption of an activity.--The Secretary concerned may 
     not resume an activity suspended under paragraph (1) until 
     the Secretary concerned determines that the activity 
     (including any modification after the date of enactment of 
     this Act) complies with environmental and natural resource 
     laws.

     SEC. 3. STUDIES.

       (a) Purpose.--The purpose of this section is to provide 
     factual information useful to the President and Congress in 
     setting funding and operational levels for the public forests 
     in order to ensure that the public forests are operated so 
     that the health of forest resources is secured with 
     ecological and financial effectiveness.
       (b) Nature and Extent of the Situation.--
       (1) In general.--The Secretary of Agriculture, through the 
     research branch of the Forest Service, shall undertake a 
     study to report on the nature and extent of the forest health 
     situation in the National Forest System.
       (2) Nature.--The nature of forest health shall be 
     categorized into types of situations, including--
       (A) overstocked stands of unmerchantable-size trees;
       (B) stands with excessive fuel loads;
       (C) mixed conifer stands with an inappropriate mix of tree 
     species; and
       (D) combinations of the situations described in 
     subparagraphs (A) through (C).
       (3) Extent.--The extent of forest health shall include 
     acreage estimates of each situation type and shall 
     distinguish variations in severity.
       (4) Representative sample measurements.--If feasible, the 
     Secretary shall use representative sample measurements with a 
     specified degree of confidence in extending the measurements 
     to the whole population.
       (5) Presentation.--The report shall present data at the 
     national forest or a comparable level and shall be displayed 
     geographically and tabularly.
       (6) Review.--The report shall be properly reviewed by the 
     scientific community prior to transmission under paragraph 
     (7).
       (7) Transmission.--The report shall be transmitted to 
     Congress not later than 1 year after the date of enactment of 
     this Act.
       (c) Ecological Efficacy of Activities.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     enter into a contract with the National Academy of Sciences 
     for the purpose of conducting a study of the ecological and 
     forest health consequences of various activities intended, at 
     least in part, to improve forest health.
       (2) Activities examined.--The activities examined under 
     paragraph (1) shall include--
       (A) site preparation for reforestation, artificial 
     reforestation, natural regeneration, stand release, 
     precommercial thinning, fertilization, other stand 
     improvement activities, salvage harvesting, and brush 
     disposal;
       (B) historical as well as recent examples and a variety of 
     conditions in ecological regions; and
       (C) a comparison of various activities within a watershed, 
     including activities conducted by other Federal land 
     management agencies.
       (3) Transmission.--The report shall be transmitted to the 
     Chief of the Forest Service and to Congress not later than 2 
     years after the date of enactment of this Act.
       (d) Economic Efficacy of Activities.--
       (1) In general.--The Comptroller General of the United 
     States, through the General Accounting Office, shall conduct 
     a study of the Federal, State, and local fiscal and other 
     economic consequences of activities intended, at least in 
     part, to improve forest health.
       (2) Coordination.--The study conducted under this 
     subsection shall be coordinated with the study conducted 
     under subsection (c)--
       (A) to ensure that the same groups of activities in the 
     same geographic area are examined; and
       (B) to develop historic as well as recent effects that 
     illustrate financial and economic trends.
       (3) Federal fiscal effects.--In assessing the Federal 
     fiscal effects, the Comptroller General shall distinguish the 
     net effects on the Treasury of the United States from changes 
     in the balances in the various special accounts and trust 
     funds, including appropriated funds used to conduct the 
     planning, execution, sale administration, support from other 
     programs, regeneration, site restoration, agency overhead, 
     and payments in lieu of taxes associated with timber cutting.
       (4) Transmission.--The study shall be transmitted to the 
     Chief of the Forest Service and to Congress not later than 2 
     years after the date of enactment of this Act.
       (e) Improvement of Activities.--In response to the findings 
     of the National Academy of Sciences and the Comptroller 
     General under subsections (c) and (d), the Chief of the 
     Forest Service shall assess opportunities for improvement of, 
     and progress in improving, the ecological, economic, and 
     fiscal consequences and efficacy for each national forest.
       (f) Forest Service Study.--
       (1) In general.--The Chief of the Forest Service shall 
     conduct a study of alternative systems for administering 
     forest health-related activities, including, modification of 
     special account and trust fund management and reporting, land 
     management service contracting, and government logging.
       (2) Similarities and differences.--The study shall compare 
     and contrast the various alternatives with systems in 
     existence on the date of the study, including--
       (A) ecological effects;
       (B) forest health changes;
       (C) Federal, State, and local fiscal and other economic 
     consequences; and
       (D) opportunities for the public to be involved in 
     decisionmaking before activities are undertaken.
       (3) Requirements of study.--To ensure the validity of the 
     study, in measuring the effect of the use of contracting, the 
     study shall specify the costs that contractors would bear for 
     health care, retirement, and other benefits afforded public 
     employees performing the same tasks.
       (4) Transmittal.--The report shall be transmitted to 
     Congress not later than 1 year after the studies conducted 
     under subsections (c) and (d) are transmitted to Congress.
       (g) Public Availability.--The reports conducted under this 
     section shall be published in a form available to the public 
     at the same time the reports are transmitted to Congress. 
     Both a summary and a full report shall be published.

  Mr. KERRY. Mr. President, today I join Senator Bill Bradley in 
introducing legislation to repeal the timber salvage rider, a law that 
has permitted destructive logging of ancient forests because it waives 
important environmental safeguards.
  Let me first say that I do not oppose responsible logging on public 
or private lands, as long as it is done in compliance with our 
environmental statutes. The fundamental problem with the timber salvage 
provision as it is currently written, is that it does not comply with 
current Federal protection laws.
  During debate of the 1995 Rescissions Act, proponents of the 
emergency timber measure stressed the need to remove dead and dying 
trees to protect the health of our forests in the Pacific Northwest. We 
were told that the rider would not cost the federal treasury one dime; 
in fact it would make money. We were told that the measure would not 
harm fish and wildlife and that it was needed only to expedite a small 
number of outstanding timber sales.
  In other words, we were told that this rider would be a simple fix to 
a small problem and should be added without a congressional hearing or 
review to an entirely unrelated bill that was moving quickly through 
congress. As are all too aware, this was the way many anti-
environmental statutes were being sold by the Republican leadership 
during the 1995 congressional term.
  Regrettably, we know of the severe environmental damage that this 
statute has wrought on some of our most beautiful and oldest forest 
lands.
  We now know that this statute is being used to clearcut healthy 
forests across the Nation including ancient forests as old as 500 
years.
  We know that this statute will cost American taxpayers billions of 
dollars by requiring them to subsidize bargain basement logging of our 
national forests.
  We know that timber is being clearcut on steep slopes next to

[[Page S1605]]

streams of spawning endangered salmon.
  And we now know that the Federal Government is being forced to enter 
into far more than just a small number of contracts, and in fact, that 
the effect of this rider will be felt in the logging of national 
forests across the country.
  I commend the Senator from New Jersey for his leadership on this 
issue, and I hope that the Senate will act expeditiously to enact the 
bill being introduced today and thereby repeal this extremely harmful 
so-called timber salvage rider.
  Mr. LEAHY. Mr. President, we need our environmental laws back. Old-
growth trees that have stood for 400 years are falling today, and it 
will the year 2400 before we get them back. We need to restore the 
laws.
  To achieve this goal, I have cosponsored two efforts. One is a 
straight, fundamental attempt to overturn the salvage law, and one that 
is a practical attempt to stop the lawless logging. No one has worked 
harder than Patty Murray to restore economic and ecological balance to 
the hoax of a ``jobs versus the environment'' campaign. I am proud to 
be an original cosponsor of her effort.
  Senator Bradley, ranking Democrat on the Forests and Public Land 
Management Subcommittee, has taken the lead to simply overturn one of 
the worst environmental laws Congress has considered in years. As soon 
as the so-called salvage law passed, industry sued to cut the big old-
growth trees. This will be a difficult bill to overturn, especially 
since we still have the same Congress through which it originally 
passed. Nonetheless, I am a proud original cosponsor of Senator 
Bradley's bill to repeal the salvage rider.
  Proponents of logging without laws say that they must cut, build 
roads, risk mudslides, threaten fisheries, and scar the forest to 
create jobs. The facts don't support this twisted rationale. There were 
more than 14,200 new jobs in the Rocky Mountain-Pacific Northwest 
timber industry from 1992 until Congress forced through the rider, and 
the sector was still growing. Oregon had the lowest unemployment in a 
generation. We did not need to derail steady responsible growth with a 
return to the conflicts of the 1980's. Unfortunately, some groups have 
bought into the gluttony of the salvage rider, but have forgotten about 
putting food on the table for working families when the salvage free-
for-all days are over.
  Our No. 1 priority should be to restore stability to working families 
in rural communities. No one can tolerate another short-term logging 
binge. The current rider is bringing conflict. When it is repealed or 
expires, workers face another round of economic instability while we 
struggle with environmental triage on the forest resource.
  But most importantly, we need to restore the environmental laws that 
this Congress suspended. The Forest Service is poised to release 
hundreds of millions of board feet of timber, and we must not leave the 
door open for such abuse. Both bills are steps in the right direction, 
and I hope we can unsaddle the salvage rider very soon.

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