[Congressional Record Volume 143, Number 102 (Thursday, July 17, 1997)]
[Senate]
[Pages S7711-S7714]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1028. A bill to direct the Secretary of Agriculture to conduct a 
pilot project on designated lands within Plumas, Lassen, and Tahoe 
National Forests in the State of California to demonstrate the 
effectiveness of the resource management activities proposed by the 
Quincy Library Group and to amend current land and resource management; 
to the Committee on Energy and Natural Resources.


The Quincy Library Group Forest Recovery and Economic Stability Act of 
                                  1997

  Mrs. FEINSTEIN. Mr. President, today Senator Barbara Boxer and I are 
introducing the Quincy Library Group Forest Recovery and Economic 
Stability Act of 1997. This legislation is nearly identical to H.R. 858 
sponsored in the House of Representatives by Congressman Wally Herger 
and passed by the House last week on a vote of 429 to 1.
  The House vote is remarkable for two reasons:
  First, any legislation involving a controversial issue--particularly 
on one as contentious as forest management --that receives 429 votes is 
remarkable in and of itself.
  Second, the process by which this legislation evolved is really, I 
think, groundbreaking, and it deserves to be recognized.
  I first met the Quincy Library Group back in 1992 when I was running 
for the Senate, and was then very impressed with what they were trying 
to do.
  The overwhelming House vote is a real victory for local communities 
like Quincy which seek to avoid the polarizing--and often paralyzing--
battles that have characterized forest management issues for the last 
decade.
  The Quincy Library Group is a local coalition of timber industry 
representatives, environmentalists, citizens, and elected officials in 
Plumas, Lassen, and Sierra Counties, CA, who came together to resolve 
their long-standing conflicts over timber management on the national 
forest lands in their area.
  They had seen first hand the seemingly ever present conflict between 
timber harvesting and jobs, environmental laws and protection of their 
communities and forests, and the devastation of massive forest fires. 
They also saw that a practical solution to the conflict between timber 
interests and environmental interests were both going to be wiped out 
one day by uncontrollable wildfires. And so they tried to get together 
and talk things out.
  They decided to meet in a quiet, non-confrontational environment--the 
main room of the Quincy Public Library. Hence, they became known as the 
Quincy Library Group.

  They began their dialog in the recognition that they shared the 
common goal of fostering forest health, ecological integrity, an 
adequate timber supply for area mills, and economic stability for their 
community.
  So, after a year-and-a-half of negotiation, the Quincy Library Group 
developed an alternative management

[[Page S7712]]

plan for the Lassen National Forest, Plumas National Forest, and 
Sierraville Ranger District of the Tahoe National Forest.
  This legislation is the result. The bill we introduce today 
implements the Quincy Library Group's plan.
  I know that some environmental organizations had concerns about 
aspects of this legislation, and some may still oppose it.
  But let me make something very clear: As I stated when I met with the 
Quincy Library Group, in order to have my support, the legislation had 
to explicitly state that all activities would be carried out consistent 
with all applicable Federal environmental laws, both substantive and 
procedural. The administration made this requirement clear as well.
  The House bill and this legislation do so.
  Another condition for my support, and that of the administration, was 
that the legislation must authorize sufficient funds to carry out the 
plan, so that funds will not be diverted from other important programs 
like wildlife protection, grazing and recreation.
  The House bill and this legislation authorize appropriations to do 
so.
  With these key provisions in place, I believe this legislation 
deserves strong support and swift passage.
  Specifically, this legislation:
  Directs the Secretary of Agriculture to implement the Quincy Library 
Group's forest management proposal on designated lands in the Plumas, 
Lassen, and Tahoe National Forests for 5 years as a demonstration 
of community-based consensus forest management;

  Protects the California spotted owl and riparian areas by excluding 
all spotted owl habitat in the pilot project area from logging and 
other resource management activities during the 5-year pilot project, 
and requiring the Forest Service to follow the scientific analysis team 
guidelines for riparian system protection;
  Calls for the construction of fuel breaks on 40,000 to 60,000 acres a 
year;
  Provides for group selection on 0.57 percent of the project area 
annually as well as individual tree selection uneven-aged forest 
management;
  Limits the total acreage subject to forest management activities to 
70,000 acres annually;
  Requires a program of riparian management, including wide protection 
zones and riparian restoration projects;
  Requires the preparation of an environmental impact statement prior 
to the commencement of the pilot project;
  Authorizes the appropriation of funds to carry out the Quincy Library 
Group pilot project;
  Directs the Forest Service to amend the land and resource management 
plans for the Plumas, Lassen, and Tahoe National Forests to consider 
adoption of the Quincy Library Group plan in the forest management 
plans;
  Requires an annual report to Congress on the status of the pilot 
project, including the source and use of funds, the acres treated and 
description of the results, economic benefits to the local communities, 
and activities planned for the following year; and finally,
  Requires a scientific assessment of the Quincy Library Group project 
to be commenced at the midpoint of the project and submitted to 
Congress by July 1, 2002.
  At the suggestion of the environmental community, and with the 
concurrence of the Quincy Library Group, I have added language to the 
House version of the bill to provide additional environmental 
safeguards. These additions will ensure that there will be no road 
building or timber harvesting on the lands the Quincy Library Group 
plan designated as off base, plan designates certain lands as deferred, 
and require the annual reports and the final report on the Quincy 
Library Group project to include a report on any adverse environmental 
impacts of the pilot project. Finally, it is our intention that areas 
of late successional emphasis identified in the Sierra Nevada ecosystem 
project report also be protected from resource management activities 
during the pilot project, and I will seek committee report language on 
this issue.

  What all this means is that as a result of the Quincy Library Group 
pilot project:
  The threat of catastrophic forest fires will be reduced, through the 
clearing of underbrush and thinning of the smaller trees;
  Enough jobs in the forests will be provided to keep the local mills 
in operation and the communities in existence; and
  Forest health will be improved, riparian areas will be restored, and 
biological diversity maintained.
  Mr. President, I believe the Quincy Library Group deserves a great 
deal of credit and respect for approaching a tough issue with the goal 
of finding common ground.
  There is a lot of common ground. They all live in the area. They all 
work there. They raise their children there. They all care about both 
the environment and the industry that provides jobs to the region. They 
wanted to work out a solution instead of continuing the take-no-
prisoners-approach of endless litigation and standoff.
  I believe the solution-based approach demonstrated by the Quincy 
Library Group should be supported by the Congress, and that is why I 
committed months ago to introduce legislation based on this group's 
efforts.
  On an issue like forest management and timber harvesting, many local 
variables are involved and must be considered to find workable 
solutions:
  For example, the wildfire threat in Tennessee is not the same as it 
is in California.
  And the economic impact of the timber industry may be different in 
Hayfork, CA than it is in Juneau, AK.
  The bottom line is that, as long as certain basic standards of 
environmental law are met, this pilot project will demonstrate whether 
a local initiative can be successful in developing a forest management 
plan that works to protect the old growth trees, endangered species, 
and jobs for the community.
  And based on that belief I am pleased to support their efforts by 
sponsoring this legislation in the U.S. Senate.
  Mr. President, I ask unanimous consent that the text 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. 1028

       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 ``Quincy Library Group Forest 
     Recovery and Economic Stability Act of 1997''.

     SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL 
                   FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP 
                   PROPOSAL.

       (a) Definition.--For purposes of this section, the term 
     ``Quincy Library Group-Community Stability Proposal'' means 
     the agreement by a coalition of representatives of fisheries, 
     timber, environmental, county government, citizen groups, and 
     local communities that formed in northern California to 
     develop a resource management program that promotes ecologic 
     and economic health for certain Federal lands and communities 
     in the Sierra Nevada area. Such proposal includes the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993, and prepared by VESTRA Resources 
     of Redding, California.
       (b) Pilot Project Required.--
       (1) Pilot project and purpose.--The Secretary of 
     Agriculture (in this section referred to as the 
     ``Secretary''), acting through the Forest Service and after 
     completion of an environmental impact statement (a record of 
     decision for which shall be adopted within 200 days), shall 
     conduct a pilot project on the Federal lands described in 
     paragraph (2) to implement and demonstrate the effectiveness 
     of the resource management activities described in subsection 
     (d) and the other requirements of this section, as 
     recommended in the Quincy Library Group-Community Stability 
     Proposal.
       (2) Pilot project area.--The Secretary shall conduct the 
     pilot project on the Federal lands within Plumas National 
     Forest, Lassen National Forest, and the Sierraville Ranger 
     District of Tahoe National Forest in the State of California 
     designated as ``Available for Group Selection'' on the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated June 1993 (in this section referred to as 
     the ``pilot project area''). Such map shall be on file and 
     available for inspection in the appropriate offices of the 
     Forest Service.
       (c) Exclusion of Certain Lands, Riparian Protection and 
     Compliance.--
       (1) Exclusion.--All spotted owl habitat areas and protected 
     activity centers located within the pilot project area 
     designated under subsection (b)(2) will be deferred from 
     resource management activities required under subsection (d) 
     and timber harvesting during the term of the pilot project.
       (2) In general.--The Regional Forester for Region 5 shall 
     direct that during the term of the pilot project any resource 
     management

[[Page S7713]]

     activity required by subsection (d), all road building, and 
     all timber harvesting activities shall not be conducted on 
     the Federal lands within the Plumas National Forest, Lassen 
     National Forest, and Sierraville Ranger District of the Tahoe 
     National Forest in the State of California that designated as 
     either ``Off Base'' or ``Deferred'' on the map referred to in 
     subsection (a).
       (3) Riparian protection.--
       (A) In general.--The Scientific Analysis Team guidelines 
     for riparian system protection described in subparagraph (B) 
     shall apply to all resource management activities conducted 
     under subsection (d) and all timber harvesting activities 
     that occur in the pilot project area during the term of the 
     pilot project.
       (B) Guidelines described.--The guidelines referred to in 
     subparagraph (A) are those in the document entitled 
     ``Viability Assessments and Management Considerations for 
     Species Associated with Late-Successional and Old-Growth 
     Forests of the Pacific Northwest'', a Forest Service research 
     document dated March 1993 and co-authored by the Scientific 
     Analysis Team, including Dr. Jack Ward Thomas.
       (4) Compliance.--All resource management activities 
     required by subsection (d) shall be implemented to the extent 
     consistent with applicable Federal law and the standards and 
     guidelines for the conservation of the California spotted owl 
     as set forth in the California Spotted Owl Sierran Provence 
     Interim Guidelines, or the subsequently issued final 
     guidelines whichever is in effect.
       (d) Resource Management Activities.--During the term of the 
     pilot project, the Secretary shall implement and carry out 
     the following resource management activities on an acreage 
     basis on the Federal lands included within the pilot project 
     area designated under subsection (b)(2):
       (1) Fuelbreak construction.--Construction of a strategic 
     system of defensible fuel profile zones, including shaded 
     fuelbreaks, utilizing thinning, individual tree selection, 
     and other methods of vegetation management consistent with 
     the Quincy Library Group-Community Stability Proposal, on not 
     less than 40,000, but not more than 60,000, acres per year.
       (2) Group selection and individual tree selection.--
     Utilization of group selection and individual tree selection 
     uneven-aged forest management prescriptions described in the 
     Quincy Library Group-Community Stability Proposal to achieve 
     a desired future condition of all-age, multistory, fire 
     resilient forests as follows:
       (A) Group selection.--Group selection on an average acreage 
     of .57 percent of the pilot project area land each year of 
     the pilot project.
       (B) Individual tree selection.--Individual tree selection 
     may also be utilized within the pilot project area.
       (3) Total acreage.--The total acreage on which resource 
     management activities are implemented under this subsection 
     shall not exceed 70,000 acres each year.
       (4) Riparian management.--A program of riparian management, 
     including wide protection zones and riparian restoration 
     projects, consistent with riparian protection guidelines in 
     subsection (c)(2)(B).
       (e) Cost-Effectiveness.--In conducting the pilot project, 
     Secretary shall use the most cost-effective means available, 
     as determined by the Secretary, to implement resource 
     management activities described in subsection (d).
       (f) Funding.--
       (1) Source of funds.--In conducting the pilot project, the 
     Secretary shall use, subject to the relevant reprogramming 
     guidelines of the House and Senate Committees on 
     Appropriations--
       (A) those funds specifically provided to the Forest Service 
     by the Secretary to implement resource management activities 
     according to the Quincy Library Group-Community Stability 
     Proposal; and
       (B) excess funds that are allocated for the administration 
     and management of Plumas National Forest, Lassen National 
     Forest, and the Sierraville Ranger District of Tahoe National 
     Forest.
       (2) Prohibition on use of certain funds.--The Secretary may 
     not conduct the pilot project using funds appropriated for 
     any other unit of the National Forest System.
       (3) Flexibility.--Subject to normal reprogramming 
     guidelines, during the term of the pilot project, the forest 
     supervisors of Plumas National Forest, Lassen National 
     Forest, and Tahoe National Forest may allocate and use all 
     accounts that contain excess funds and all available excess 
     funds for the administration and management of Plumas 
     National Forest, Lassen National Forest, and the Sierraville 
     Ranger District of Tahoe National Forest to perform the 
     resource management activities described in subsection (d).
       (4) Restriction.--The Secretary or the forest supervisors, 
     as the case may be, shall not utilize authority provided 
     under paragraphs (1)(B) and (3) if, in their judgment, doing 
     so will limit other nontimber related multiple use activities 
     for which such funds were available.
       (5) Overhead.--Of amounts available to carry out this 
     section--
       (A) not more than 12 percent may be used or allocated for 
     general administration or other overhead; and
       (B) at least 88 percent shall be used to implement and 
     carry out activities required by this section.
       (6) Authorized supplemental funds.--There are authorized to 
     be appropriated to implement and carry out the pilot project 
     such sums as are necessary.
       (7) Baseline funds.--Amounts available for resource 
     management activities authorized under subsection (d) shall 
     at a minimum include existing baseline funding levels.
       (g) Term of Pilot Project.--The Secretary shall conduct the 
     pilot project during the period beginning on the date of the 
     enactment of this Act and ending on the later of the 
     following:
       (1) The date on which the Secretary completes amendment or 
     revision of the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest pursuant to subsection (i).
       (2) The date that is five years after the date of the 
     commencement of the pilot project.
       (h) Consultation.--(1) Each statement required by 
     subsection (b)(1) shall be prepared in consultation with the 
     Quincy Library Group.
       (2) Contracting.--The Forest Service, subject to the 
     availability of appropriations, may carry out any (or all) of 
     the requirements of this section using private contracts.
       (i) Corresponding Forest Plan Amendments.--Within 180 days 
     after the date of the enactment of this Act, the Regional 
     Forester for Region 5 shall initiate the process to amend or 
     revise the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest. The process shall include preparation of at least one 
     alternative that--
       (1) incorporates the pilot project and area designations 
     made by subsection (b), the resource management activities 
     described in subsection (d), and other aspects of the Quincy 
     Library Group Community Stability Proposal; and
       (2) makes other changes warranted by the analyses conducted 
     in compliance with section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604), and other applicable laws.
       (j) Reporting Requirements.--
       (1) In general.--Not later than February 28 of each year 
     during the term of the pilot project, the Secretary after 
     consultation with the Quincy Library Group, shall submit to 
     Congress a report on the status of the pilot project. The 
     report shall include at least the following:
       (A) A complete accounting of the use of funds made 
     available under subsection (f)(1)(A) until such funds are 
     fully expended.
       (B) A complete accounting of the use of funds and accounts 
     made available under subsection (f)(1) for the previous 
     fiscal year, including a schedule of the amounts drawn from 
     each account used to perform resource management activities 
     described in subsection (d).
       (C) A description of total acres treated for each of the 
     resources management activities required under subsection 
     (d), forest health improvements, fire risk reductions, water 
     yield increases, and other natural resources-related benefits 
     achieved by the implementation of the resource management 
     activities described in subsection (d).
       (D) A description of the economic benefits to communities 
     achieved by the implementation of the pilot project.
       (E) A comparison of the revenues generated by, and costs 
     incurred in, the implementation of the resource management 
     activities described in subsection (d) of the Federal lands 
     included in the pilot project area with the revenues and 
     costs during each of the fiscal years 1992 through 1997 for 
     timber management of such lands before their inclusion in the 
     pilot project.
       (F) A schedule for the resource management activities to be 
     undertaken in the pilot project area during the calendar 
     year.
       (G) A description of any adverse environmental impacts.
       (2) Limitation on expenditures.--The amount of Federal 
     funds expended on each annual report under this subsection 
     shall not exceed $50,000.
       (k) Final Report.--
       (1) In general.--Beginning after completion of 6 months of 
     second year of the pilot project, the Secretary shall compile 
     a science-based assessment of, and report on, the 
     effectiveness of the pilot project in meeting the stated 
     goals of this pilot project. Such assessment and report--
       (A) shall include watershed monitoring of lands treated 
     under this section, that should address the following issues 
     on a priority basis: timing of water releases, water quality 
     changes, and water yield changes over the short long term in 
     the pilot project area;
       (B) shall include an analysis of any adverse environmental 
     impacts;
       (C) shall be compiled in consultation with the Quincy 
     Library Group; and
       (D) shall be submitted to the Congress by July 1, 2002.
       (2) Limitations on expenditures.--The amount of Federal 
     funds expended for the assessment and report under this 
     subsection, other than for watershed monitoring under 
     paragraph (1)(A), shall not exceed $150,000. The amount of 
     Federal funds for watershed monitoring under paragraph (1)(A) 
     shall not exceed $75,000 for each of fiscal years 2000, 2001, 
     and 2002.
       (l) Relationship to Other Laws.--Nothing in this section 
     exempts the pilot project from any Federal environmental law.


[[Page S7714]]


  Mrs. BOXER. The Quincy Library Group Forest Recovery and Economic 
Stability Act is the result of many years of consensus building in an 
effort to unite unlikely partners in a mutually beneficial project.
  President Clinton spurred this consensus approach in April 1993, at 
the Northwest Forest Summit, when he challenged Americans to stay in 
the conference room and out of the courtroom. One local group put this 
difficult challenge into action and began a series of meetings in the 
only place they knew they could ensure civility, and some degree of 
quiet--their local library. With that, the Quincy Library Group was 
created.
  This group of local citizens surrounding Quincy, CA, including timber 
industry representatives, local environmental activists, and public 
officials, have been meeting periodically since 1992 to develop a 
timber management plan for the areas' surrounding national forests. 
They did not have an easy task before them--promoting the local 
economy, preserving jobs, and protecting the environment.
  Several years ago I visited Quincy, CA, and had an opportunity to see 
first hand the problems in the forests and the community at work. Since 
that time, I have worked with the Quincy Library Group, U.S. Forest 
Service, Senator Feinstein, Members of Congress, and the national 
environmental community in an effort to reach a consensus.
  I believe that is what we have before us today. This legislation will 
implement the Quincy Library Group proposal for managing the Tahoe, 
Lassen, and Sierraville Range of the Tahoe National Forests through 
biological reserves, fire suppression, riparian restoration, watershed 
protection, and monitoring.
  The House passed a companion bill earlier this week by a near 
unanimous vote. I believe the overwhelming success in the House was 
largely due to the inclusion of provisions which ensure compliance with 
all environmental laws, as well as interim and final California spotted 
owl guidelines.
  This proposal has gone through years of collaboration from many 
dedicated people with many different interests. We now have legislation 
to implement this consensus--legislation which can be fined tuned as it 
moves through the legislative process.
  The President's statement of administration policy on the House 
companion bill suggests further refining the bill so that the pilot 
project will end once the Forest Service completes the appropriate 
forest plan amendments. I would be supportive of such a change to the 
bill.
  Some have suggested that the legislation increase the protection of 
all old growth forests in the area and ensure that logging and road 
building be prohibited in all roadless and sensitive areas. We should 
consider that change.
  I hope that these concerns can be addressed as this bill moves 
through the legislative process. Nonetheless, many positive changes 
have been made to the legislation over the last few months, and 
although some outstanding concerns still remain, the legislation now 
provides many of the safeguards necessary to protect the natural 
environment while promoting the local economy.
  I want to thank Senator Feinstein, Congressmen Fazio, Miller, Herger, 
Young, and the Forest Service for their efforts on this legislation. It 
has truly been a cooperative effort and I hope we are able to pass this 
legislation quickly so that we will soon be able to see the proposal 
implemented on the ground.
                                 ______