[Congressional Record Volume 148, Number 34 (Thursday, March 21, 2002)]
[Senate]
[Pages S2221-S2222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--Continued
The PRESIDING OFFICER. Who seeks recognition?
Mr. MURKOWSKI. Mr. President, the Senator from Idaho is prepared to
offer a second-degree amendment clarifying Senator Bingaman's amendment
No. 3016. I am in support of his amendment.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, I thank my colleague, the ranking member of
the Energy Committee, Senator Murkowski.
Mr. President, I ask unanimous consent to set the pending amendment
aside for the purpose of consideration of this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3049 to Amendment No. 3016
Mr. CRAIG. Mr.President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report. The assistant
legislative clerk read as follows:
The Senator from Idaho [Mr. Craig] proposes an amendment
numbered 3049 to amendment No. 3016.
Mr. CRAIG. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To clarify the definition of biomass)
On page 6, strike line 9 and all that follows through line
15 and insert the following:
``The term `biomass' means any organic material that is
available on a renewable or recurring basis, including
dedicated energy crops, trees grown for energy production,
wood waste and wood residues, plants (including aquatic
plants, grasses, and agricultural crops), residues, fibers,
animal wastes and other organic waste materials, and fats and
oils, except that with respect to material removed from
National Forest System lands the term includes only organic
material from--
``(A) thinnings from trees that are less than 12 inches in
diameter;
``(B) slash;
``(C) brush; and
``(D) mill residues.''.
Mr. CRAIG. Mr. President, I rise today to introduce an amendment that
would modify the definition of biomass from national forests by
clarifying that biomass may come from slash, brush, or mill residue
from any size tree that may be harvested, as well as from thinning
trees that are less than 12 inches in diameter.
The Bingaman amendment defines the term ``biomass'' on national
forest lands as only that material generated from tree commercial
thinning or slash or brush.
Our respective staffs have worked out language that is acceptable to
the managers. I appreciate his staff's cooperation in addressing these
concerns.
Both Senator Murkowski and I have been concerned that mill residue,
slash and brush from normal harvest activities did not qualify under
the construct of Bingaman amendment No. 3016.
I have also expressed concern about smaller logs that are sold as
commercial timber that could be utilized as biomass in some market
conditions but would not qualify under Bingaman amendment No. 3016.
This amendment I am now offering addresses all of our concerns.
We have 39 million acres of national forest land at high risk of
catastrophic fire. We have an additional 24 million acres that have
suffered insect and disease attacks making them highly susceptible to
fire as well.
There are over 49.5 million acres of trees in the 9- to 12-inch
diameter class that need to be thinned to reduce the risk of
catastrophic fires and to allow those trees to grow to full and
productive maturity.
I am pleased that we have addressed the fundamental problems that
cause so many of my constituents concern. I have several biomass co-gen
operations in my State that are fed largely from hog fuel off the
public lands--the national forest land.
I think this clarifies the issue. I thank the chairman for his
cooperation.
Mr. BINGAMAN. Mr. President, this does clarify the intent on both
sides. I think this additional definitional language is useful. We have
no objection to the amendment.
Mr. MURKOWSKI. Mr. President, I thank Senator Bingaman for his
cooperation.
I want to make sure that we all understand some of the terminology
used, and the words ``hog fuel.'' I know what it is. It is the waste.
[[Page S2222]]
The significant aspects of recognizing the way this portion of the
Bingaman amendment bill was originally stated is that it would have
excluded waste from public land--namely, the national forests--unless
it is specifically identified as slashings, second growth, and so
forth.
It would very narrowly bring into question the residue associated
with milling of timber and timber products from national forests as to
whether or not that waste could be used in biomass.
For example, in my State of Alaska, it would exclude the development
of any biomass as an alternative because we don't have, for all
practical purposes, anything other than public land.
That is why it is so important that this change be made. I want to
make sure that in the language the intention is, if you have a tree
that comes off public land that has rot in it that would be basically
determined not to be sufficient for milling--and, in the terminology,
this would be a mill residue--indeed that would be included in the
definition of what would be allowed.
Clearly, no one takes prime, quality timber and uses it for biomass.
It has a higher value. So there is a check and balance in it.
Mr. CRAIG. If the Senator will yield, he makes an important point. In
commercial logging operations that are qualified under the U.S. Forest
Service--the legitimate timber sales--some of those logs, once cut, and
beyond the 12-inch diameter size that get to the mill, that are
deteriorating or have, as you call it, the rot of the center and cannot
be milled, put on a mill head rig and moved, fall apart, I think that
is residue by anyone's definition when it is determined, at least in
the mill yard, that no commercial value can come from it. Clearly, I
think that falls under that definition. But I appreciate the Senator
mentioning it.
What we are doing, along with passing legislation, is establishing,
by the record of the floor, what is the intent of Congress. And I think
that is the intent of this legislation.
I thank the Senator for yielding.
Mr. MURKOWSKI. I certainly agree with that. I appreciate the
colloquy. I think this is good utilization in the sense of biomass. But
I would like to remind my colleagues that biomass just does not create
energy. Somebody has to burn it. When you burn it, you generate
emissions. And when you generate emissions, obviously, you have a
tradeoff.
I am pleased the amendment will be accepted.
The PRESIDING OFFICER. Is there further debate?
If not, without objection, the amendment is agreed to.
The amendment (No. 3049) was agreed to.
Mr. MURKOWSKI. I move to reconsider the vote.
Mr. CRAIG. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BINGAMAN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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