TO: All Forest Activists
FROM: WAFC/Steve Holmer
DATE: August 14, 1995

SUBJECT: ADMINISTRATION ISSUES MEMORANDUM ON
IMPLEMENTING "LOGGING WITHOUT LAWS"

A Memorandum of Agreement (MOA) between the
Departments of Agriculture, Interior, Commerce and the
Enviromental Protection Agency was signed August 10 to provide
direction to federal agencies charged with implementing the
rescissions emergency logging program. The MOA followed an
August 1 letter from President Clinton to Secretaries Bruce Babbitt
and Dan Glickman calling on the agencies to follow environmental
laws to the greatest extent possible, except where the logging
amendment expressly forbids it, most notably with regard to appeals
and judicial review. The MOA describes the Administration's intent
to comply with environmental laws and to follow the standards and
guidelines in Forest Plans, Option 9, PACFISH, and INFISH.

The MOA creates an inter-agency process for review of timber
sales offered under the amendment. The MOA permits consultation
by the Fish and Wildlife Service and the National Marine Fisheries
Service on all proposed sales, and provides a scoping period and
public review and comment on the Environmental
Assessment/Biological Evaluation (EA/BE) which is the only
documentation required for each proposed sale.

If Secretary Glickman or Babbitt determine an Environmental
Assessment under the National Environmental Policy Act (NEPA)
would have been required for the planned sale, then the public will
have twenty days to comment on the EA/BE. Thirty days for
comment will be permitted if the Secretary determines a full
Environmental Impact Statement (EIS) normally would have been
required. The agency will respond to the comments but is not
required to recirculate a final EA/BE. No appeals on the EA/BE are
permitted.


COMMITTEE TELLS ADMINISTRATION TO "GET THE CUT OUT"

On August 10, the Senate Energy and Natural Resources
Subcommittee on Forests and Public Land Management conducted
an oversight hearing on the emergency logging program to express
concern about the MOA. An angry Sen. Larry Craig (R-ID) said to
administration witnesses that the MOA undermines the intent of
Congress to give the Forest Service unfettered discretion to move
salvage sales by permitting consultation with biologists from other
agencies. "I am frankly absolutely disgusted with the formula in
the MOA," said Craig. "It's a formula for gridlock, and I suggest
you toss it in the waste basket." Sen. Frank Murkowski (R-AK)
also expressed his anger, saying, "If we have to cut off your funds,
we'll cut off the funds. Gentlemen, we're going to get your
attention." Under Secretary of Agriculture Jim Lyons defended the
MOA stating that the Secretaries were granted this discretion by the
rescissions bill language and that it reflects the President's directive
to work within the law to the greatest extent possible.

But, Lyons went on to reassure the Subcommittee that the
Administration intends to produce the 4.5 billion board feet (bbf) of
timber from Forest Service lands and 230 million board feet (mmbf)
from BLM lands promised in the bill. An estimated 800 mmbf of
salvage sales have been sold and awarded thus far in 1995, with an
estimated 700 mmbf more to be sold by the end the year. This will
require over 3 bbf to be sold and awarded in 1996 to meet the
rider's requirement.

Lyons told the Subcommittee that the agencies were on track
to meet this target, but noted several factors may prevent them
from reaching the goal. Lyons mentioned that a number of recent
salvage sales on the Boise National Forest have gone without buyers
and that demand was down. The agency figures for logging 4.5 bbf
were also based on a May 1 start date, but due to the protracted
struggle over the rescissions bill (thanks everybody), the agency was
behind by three months.

When asked by Sen. Craig why the Forest Service was
permitting appeals to delay several salvage sales when the rider
expressly prohibits appeals of all salvage sales, Lyons said a
directive banning salvage appeals would be issued to the agency
shortly. Craig also took issue with the unsold sales in Idaho,
stating that the sales were helicopter sales and that the agency had
allowed those trees to sit and rot too long, diminishing their value.
Craig said he would look into contracting with a neutral third party
such as the Government Accounting Office (GAO) to track the
administration's progress in carrying out the program. Asked by
Craig if he wanted to offer salvage sales, Lyons said "Damn right I
do."

Lyons suggested that the Administration be given 100 days to
evaluate the implementation of the program and Sen. Craig agreed
that the Subcommittee would review implementation in October.


ADMINISTRATION SPEAKS WITH FORKED TONGUE

In meetings and phone calls with the Administration prior to
the release of the MOA, the Ancient Forest Alliance requested an
Executive Order from the White House that would have given
agencies explicit direction on implementation of the logging
amendment, required compliance with laws and protected roadless
areas. The MOA, however, was in many respects a fait accompli.
Instead, the Administration had the gall to suggest that conservation
groups help identify potential timber sales. Another indication of
the Administration speaking out of both sides of its mouth is Forest
Service Chief Jack Ward Thomas' many recent statements that the
agency would go into roadless areas to get the cut out.


SUIT FILED TO HALT LAWLESS LOGGING OF MURRELET HABITAT

The Pilchuck Audubon Society, Black Hills Audubon Society,
Portland Audubon Society, Oregon Natural Resources Council and
Coast Range Association filed suit August 10 to stop the clearcutting
of approximately 4600 acres of old growth marbled murrelet habitat.
The rescissions logging rider threatens to release 58 timber sales that
the Fish and Wildlife Service ruled would jeopardize the continued
existence of the marbled murrelet. The proposed release of up to
300 million board feet of old growth murrelet habitat on the
Siuslaw, Siskiyou, Mt. Baker-Snoqualmie and Olympic National
Forests has created enormous anger and frustration among westside
environmentalists in Washington and Oregon. This is the first big
shot in what appears to be a renewal of the westside timber wars.

The logging amendment language with regard to Section 318
marbled murrelet sales states that only occupied nesting sites will
remain protected rather than all nesting habitat, as is the current
standard. Six Members of Congress, Sen. Frank Murkowski (R-AK),
Sen. Larry Craig (R-ID), Sen. Slade Gorton (R-WA), Rep. Don
Young (R-AK), Rep. Charles Taylor (R-NC), and Rep. Pat Roberts
(R-KS), sent a letter to Secretaries Glickman and Babbitt spelling out
how they expect the Administration to skirt the requirements of the
law. The letter reiterates that only occupied nesting sites can be
held up -- the rest must be released within 45 days of enactment,
around Sept. 13.

A July 24 memo from Siuslaw Forest Supervisor James
Furnish to Regional Forester John Lowe notes that due to the fact
that murrelet nests are extremely difficult to locate, a murrelet
survey protocol was developed and has been the accepted means to
determine when habitat is being used for nesting. Furnish said that
logging the approximately 3,000 acres of late-successional forest
would violate the requirements of the original Section 318 rider
which prohibits the release or completion of units that contain
threatened or endangered species known to be nesting within the
unit.

On August 8, the timber-industry filed suit to compel the
release of the other 318 sales from 1991-1995 that include sales held
up for spotted owl consultation. At issue are 15 Forest Service
sales (3 awarded, 12 unawarded) and 27 BLM sales (all unawarded)
containing approximately 172 mmbf of timber. A TRO (temporary
restraining order) hearing is scheduled for Tuesday, August 15, in
Eugene, OR. Environmental groups have filed for intervention
status on the industry case.




- Don Baccus, Portland OR <donb at rational.com>