[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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