[Congressional Record Volume 145, Number 124 (Wednesday, September 22, 1999)]
[Senate]
[Pages S11262-S11263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GORTON:
  S. 1620. A bill to direct the Secretary of Agriculture to convey 
certain land to Federal Energy Regulatory Commission permit holders; to 
the Committee on Energy and Natural Resources.


           MOUNT BAKER SNOQUALMIE NATIONAL FOREST LEGISLATION

 Mr. GORTON. Mr. President, in recent years, I have become 
increasingly frustrated with the inability of the Forest Service to 
complete work on several small hydroelectric projects located on the 
Mount Baker/Snoqualmie National Forest in my State. The Service's 
inability to make important decisions on these renewable energy 
resources is based on an inaccurate interpretation of the President's 
Northwest Forest Plan (``ROD'') which has stopped these projects from 
going forward.
  The President's Northwest Forest Plan states clearly that 
multipurpose uses of the federal forests are not precluded, and that 
the plan must follow existing law applying to such uses. Yet, since its 
adoption in 1994, the Forest Service has and continues to paralyze the 
development of small hydroelectric projects by ignoring laws applying 
to multipurpose. This inaction has delayed and stifled review of such 
projects by the Federal Energy Regulatory Commission--the agency 
responsible for issuing federal licenses for hydroelectric projects.
  Forest Service interpretation of the ROD intrudes directly on the 
ability of the Commission to perform its hydroelectric licensing 
function of balancing development and nondevelopment issues. Both the 
Commission, when determining consistency with the purpose of a national 
forest under Section 4(e) of the Act, and the Forest Service, when 
determining whether to issue a special use permit, must apply existing 
law fairly. Forest Service inaction on pending projects (some of which 
have been under review for over a decade) prevents FERC from completing 
its licensing responsibilities.
  In terms of federal forest management, the six small hydroelectric 
projects proposed for the Mount Baker/Snoqualmie National Forest are 
virtually inconsequential. All are located well above areas affecting 
anadromous fish, and would occupy a total of 10 to 40 acres each, with 
most of the sites being untouched except for the portions needed for 
project facilities. Adverse impacts to fish, wildlife or other 
environmental resources are subject to mitigation by FERC and the 
Forest Service.
  Project proponents in my state have spent millions of dollars to 
secure approval of six projects located in the Mount Baker/Snoqualmie 
National Forest, including project design and environmental analysis 
necessary to gain approval from the Forest Service and FERC. In spite 
of the fact that the 1994 ROD instructs the Forest Service to use 
``transition'' provisions to approve pending projects, it has not done 
so, and continues to add project review requirements not allowed by the 
ROD or existing law. As a result, the Forest Service is stopping FERC 
from making timely licensing decisions on these projects. Shifting 
standards of review and delay by the Forest Service have deprived 
project proponents of their right to rely upon clear standards for 
project approval before expending funds in reliance on such standards.
  Many aspects of these projects were found to be in compliance with 
prior forest regulations and other environmental laws, and are being 
subjected to duplicative and inconsistent review. Provisions of the ROD 
developed for application to extremely large-scale timber harvest are 
not meant to impact small-scale hydroelectric projects. Timber 
management regulations are totally disproportionate with the scale of 
any potential environmental impacts of small scale hydroelectric 
facilities. In fact, the ROD itself explicitly recognizes that uses 
other than timber harvest do not require the same level of 
restrictions.
  The Forest Service continues to use the ROD as a reason for imposing 
new study requirements, increasing mitigation demands, and ignoring 
agreements

[[Page S11263]]

on project compliance with forest plan standards and FERC requirements. 
Each new requirement adds onerous financial burdens on project 
proponents, delays project approval, and undermines the regulatory need 
for an end to project review so a final licensing decision can be made 
by FERC.
  Actions by the Forest Service have placed that agency in direct 
conflict with FERC, a result not intended by the ROD. FERC's 
jurisdiction over hydroelectric project licensing is unaltered by the 
ROD, which itself calls for increased interagency cooperation, not 
confrontation.
  Mr. President, I have tried in recent years through my position as 
Chairman of the Senate Interior Appropriations Subcommittee responsible 
for funding the Forest Service's annual budget to get some answers from 
this agency as to why it was holding up these hydroelectric projects. 
In 1995, I inserted language directing the Forest Service to ``conduct 
an expeditious review'' of projects covered by the ROD. In subsequent 
hearings, I have continued to ask agency witnesses for a status report. 
To date, none of the responses from the Forest Service have satisfied 
my concerns or adequately addressed this issue.
  For this reason, I am introducing legislation today that would 
expedite the hydroelectric project review process. It will require the 
Forest Service to convey to permit holders and license applicants for 
these projects at fair market value the parcels of land necessary for 
development of these projects. While I would prefer and am still 
hopeful that this issue can be resolved in negotiations between the 
project proponents and the agency, clearly this process is broken and 
needs to be fixed. This legislation should serve as a catalyst for 
resolving outstanding hydroelectric project review issues. Project 
proponents deserve at least that much.
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