Subject: "logging without laws" (fwd)
Date: Jul 5 10:58:35 1995
From: Dennis Paulson - dpaulson at ups.edu


Here is a message forwarded to me that treats this subject a bit more
completely. I have no additional information and am not a contact for this
matter.

>e-mail addresses:
>president at whitehouse.gov
>vice-president at whitehouse.gov
>President's phone number at White House: 202-456-1111
>senator_bingaman at bingaman.senate.gov (for NM residents)
>
>WAR ON THE ENVIRONMENT
>June 30, 1995
>
>"A verbal agreement isn't worth the paper it's written on." -- Louis M. Mayer
>
> Last night, President Clinton broke his promise to veto the timber
>salvage logging without laws included in the rescissions bill. Although the
>provision was slightly modified, it would still allow massive logging in
>national forests without regard to environmental laws. (See press release and
>President Clinton's statement, below, for more details).
>
> With the President's support, the rescissions bill was passed by the
>House of Representatives last night. Fortunately, Sens. Paul Wellstone D-MN
>and Carol Mosely-Braun D-IL blocked Senate passage of the bill today. The
>Senate will debate the bill beginning July 10th.
>
>* * Take Action * * If You Care About Any Environmental Problem, You MUST
>Express Outrage To President Clinton
>
>Do You Care About: Clean Water? Clean Air? Takings? Endangered Species? Risk
>Assessment? Utah Wilderness? Arctic National Wildlife Refuge? Mining Law?
>Anything involving the health of the planet or its inhabitants?
>
> If so, then you MUST help express outrage to President Clinton for his
>broken promise on timber salvage. If he doesn't hear from us now on timber,
>it will be even more difficult to get President Clinton to keep his promises
>to oppose other attempts to roll back environmental laws.
>
> Please have folks from your Chapter/Group/Softball Team/Coffee
>Klatch/Family/Neighborhood call the White House Comment line at:
>202-456-1111. The second question is on the environment, and press #3. If
>you get a tape, leave a message. A few tips:
>
>* Be firm, but polite, in the expression of your outrage.
>* Don't level ad hominem attacks or question motives.
>* If you supported Clinton in '92, be sure to tell them.
>* Call early and often.
>
>
>**************************************************************************
>SIERRA CLUB PRESS RELEASE ISSUED TODAY
>For Immediate Release Contact: Melanie Griffin
> 202/675-6273
> Roni Lieberman
>June 30, 1995 202/675-7903
>
>
> PRESIDENT CLINTON FLIP-FLOPS ON PROTECTING FORESTS
>
>Washington, D.C...Sierra Club today expressed outrage and deep disappointment
>that President Clinton reversed his position by agreeing to sign the budget
>rescissions bill that includes a destructive "timber salvage" deal. This
>provision would allow the timber industry to clearcut America's public forests
>while ignoring environmental laws. This "logging without laws" provision will
>devastate our public forests.
>
>"After his steadfast promise to oppose this provision, this flip-flop is a
>betrayal of the American people who are counting on him to protect our
>national forests from special interests like the timber industry," said
>J.Robert Cox, President of Sierra Club. "President Clinton has agreed to sign
>a bill that makes it legal to clearcut our public forests without complying
>with any environmental laws. Mr.Clinton, you should not attempt to appease
>the extremists in this new Congress," Cox added.
>
>The logging provision in the original rescission bill vetoed by President
>Clinton was flawed in three fundamental respects, and the new deal does
>nothing to fix these flaws. The provision still waives the Clean Water Act
>and all other environmental laws. It still bars citizens from exercising
>their right to challenge illegal logging plans in court, and it still defines
>salvage logging in a way that will allow massive clear cutting of healthy
>trees. Finally, it still directs the federal government to cut enough trees
>to fill 1.2 million logging trucks over the next 18 months.
>
>The compromise language gives the Secretaries of Agriculture and Interior
>discretion to comply with the standards in existing forest plans -- plans that
>were developed under Presidents Reagan and Bush, and have ridiculously high
>timber targets. It then shields these plans from citizen enforcement suits.
>
>"This so-called compromise is only the most transparent of fig leaves," said
>Cox. "The message from President Clinton in signing this bill is: waive the
>laws, give up your right to go sue and trust us to follow them," said Cox. "
> (more)
>
>Page 2-2-2
>June 30, 1995
>Flip-flop
>
>We have learned over decades of experience that we cannot trust political
>appointees and government bureaucrats who are under political pressure from
>special interest lobbyists to protect our wild lands. Only laws can guarantee
>protection of our forests from abuse, and this bill waives the rule of law,"
>he added.
>
>Proponents of the logging bill claim their intention is to facilitate removal
>of dead and dying trees in areas susceptible to fire or disease. But the bill
>expressly allows the logging of live, healthy trees and would open up many of
>the last remaining roadless areas in the country to widespread logging.
>
>"This is not a thoughtful, surgical approach to restoring forests. This
>corporate plunder and meat axe forestry is at work inside the Congress and the
>White House," said Dr. John Osborn, a Washington state activist with Sierra
>Club.
>
> ###
>
>PRESIDENT CLINTON'S STATEMENT ON TIMBER SALVAGE, June 29, 1995
>
>We have now achieved a bill that I am prepared to sign. This is essential
>legislation, and I hope the Congress will act on it quickly. While on
>balance, I believe we made such significant changes that I am able to sign the
>legislation, the bill does contain provisions I do not support.
>
>I still do not believe this bill should contain any of the provisions relating
>to timber. I opposed that timber salvage rider because I believe that it
>threatens once again to lead to legal gridlock and to impair, rather than
>promote, sustainable economic activity. I continue to have that concern. But
>the conferees did accept important changes in the language that preserve our
>ability to implement the current forest plans and their standards, and to
>protect other resources such as clean water and fisheries.
>
>Furthermore, Chairman Hatfield insists that the timber salvage provisions
>provide complete discretion for the Administration to implement these
>provisions according to our best judgement.
>
>I take Senator Hatfield at his word. Therefore, after signing the rescissions
>bill into law, I will direct the Secretary of Agriculture, the Secretary of
>the Interior, and all other federal agencies to carry out timber salvage
>activities consistent with the spirit and intent of our forest plans and all
>existing environmental laws.
>
>We will abide by the balanced goals of our forest plans, and we will not
>violate our environmental standards. Both are too important to protecting our
>quality of life and our economy.
>END
>
>For those that want to see the exact wording.
>Second Supplemental Appropriations and Rescissions Act, 1995
>(Reported in the Senate)
>
>SEC. 2001. TIMBER SALES.
> (a) Salvage timber-
> (1) Definition- In this subsection, the term `salvage timber sale'--
> (A) means a timber sale for which an important reason for entry
>includes the removal of disease- or insect-infested trees, dead, damaged, or
>downed trees, or trees affected by fire or imminently susceptible to fire or
>insect attack; and
> (B) includes the removal of associated trees or trees lacking
>the
>characteristics of a healthy and viable ecosystem for the purpose of ecosystem
>improvement or rehabilitation, except that any such sale must include an
>identifiable salvage component of trees described in the first sentence.
> (2) Direction to complete salvage timber sales- Notwithstanding any
>other law (including a law under the authority of which any judicial order may
>be outstanding on or after the date of enactment of this Act), the Secretary of
>Agriculture, acting through the Chief of the Forest Service, and the Secretary
>of the Interior, acting through the Director of the Bureau of Land Management,
>shall--
> (A) expeditiously prepare, offer, and award salvage timber sale
>contracts on Federal lands (except land designated as a Federal wilderness
>area); and
> (B) perform the appropriate revegetation and tree planting
>operations in the area in which the salvage operations occurred.
> (3) Sale documentation-
> (A) In general- For each salvage timber sale conducted under
>paragraph (2), the Secretary concerned shall prepare a document that combines
>an
>environmental assessment under section 102(2) of the National Environmental
>Policy Act of 1969 (42 U.S.C. 4332(2)(E)) (including regulations implementing
>that section) and a biological evaluation under section 7(a)(2) of the
>Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) and other applicable
>Federal law and implementing regulations.
> (B) Matters to be considered- The environmental assessment and
>biological evaluation under subparagraph (A) shall, at the sole discretion of
>the Secretary concerned and to the extent that the Secretary concerned
>considers appropriate and feasible, consider the environmental effects of the
>salvage timber sale and consider the effect, if any, on threatened or
>endangered
>species.
> (C) Use of previously prepared document- In lieu of preparing a
>new document under this paragraph, the Secretary concerned may use a document
>prepared pursuant to the National Environmental Policy Act of 1969 before the
>date of the enactment of this Act, a biological evaluation written before that
>date, or information collected for such a document or evaluation if the
>document, evaluation, or information applies to the Federal lands covered by
>the
>proposed sale. Any salvage sale in preparation on the date of enactment of this
>Act shall be subject to the provisions of this section.
> (D) Scope and content- The scope and content of the
>documentation
>and information prepared, considered, and relied on under this paragraph is at
>the sole discretion of the Secretary concerned.
> (4) Volume- In each of fiscal years 1995 and 1996--
> (A) the Secretary of Agriculture, acting through the Chief of
>the
>Forest Service, shall--
> (i) prepare, offer, and award salvage timber sale contracts
>under paragraph (1) on Forest Service lands to the maximum extent feasible to
>reduce the backlogged volume of salvage timber as described in paragraph (i);
>and
> (B) the Secretary of the Interior, acting through the Director
>of
>the Bureau of Land Management, shall--
> (i) prepare, offer, and award salvage timber sale contracts
>under paragraph (1) on Bureau of Land Management lands to the maximum extent
>feasible to reduce the backlogged volume of salvage timber as described in
>paragraph (i).
> (5) Effect on other laws- Any timber sale prepared, advertised, offered,
>awarded, or operated in accordance with paragraph (1) shall be deemed to
>satisfy
>the requirements of all applicable Federal laws (including regulations),
>including--
> (A) the Forest and Rangeland Renewable Resources Planning Act of 1974
>(16 U.S.C. 1600 et seq.);
> (B) the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et
>seq.);
> (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
>seq.);
> (D) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
> (E) the National Forest Management Act (16 U.S.C. 472a et seq.);
> (F) the Multiple-Use Sustained Yield Act (16 U.S.C. 528 et seq.); and
> (G) other Federal environmental laws.
> (6) Sale preparation- The Secretary concerned shall make use of all
>available authority, including the employment of private contractors and the
>use
>of expedited fire contracting procedures, to prepare and advertise salvage
>timber sales under this subsection. The provisions of section 3(d)(1) of the
>Federal Workforce Restructuring Act of 1994 (Public Law 103-226) shall not
>apply
>to any former employee of the Department of the Secretary concerned who
>received
>a voluntary separation incentive payment authorized by such Act and accepts
>employment pursuant to this paragraph.
> (7) Reporting Requirements- Each Secretary shall report to the Committee
>on
>Appropriations and the Committee on Resources of the House of Representatives,
>and the Committee on Appropriations and the Committee on Energy and Natural
>Resources of the United States Senate, 90 days after the date of enactment of
>this Act and on the final day of each 90 day period thereafter throughout each
>of fiscal years 1995 and 1996, on the number of sales and volumes contained
>therein offered during such 90 day period and expected to be offered during the
>next 90 day period.
>
>(b) Option 9-
> (1) Direction to complete timber sales- Notwithstanding any other law
>(including a law under the authority of which any judicial order may be
>outstanding on or after the date of enactment of this Act), the Secretary of
>the
>Interior, acting through the Director of the Bureau of Land Management, and the
>Secretary of Agriculture, acting through the Chief of the Forest Service,
>shall
>expeditiously prepare, offer, and award timber sale contracts on Federal lands
>in the forests specified within Option 9, as selected by the Secretary of the
>Interior and the Secretary of Agriculture on April 13, 1994.
> (2) Effect on Other Laws- Any timber sale prepared, advertised, offered,
>awarded, or operated in accordance with paragraph (1) shall be deemed to
>satisfy
>the requirements of all applicable Federal laws (including regulations),
>including--
> (A) the Forest and Rangeland Renewable Resources Planning Act of
>1974
>(16 U.S.C. 1600 et seq.);
> (B) the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et
>seq.);
> (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
>seq.);
> (D) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
> (E) the National Forest Management Act (16 U.S.C. 472a et seq.);
> (F) the Multiple-Use Sustained Yield Act (16 U.S.C. 528 et seq.); and
> (G) other Federal environmental laws.
>
>(c) Judicial and Administrative Review-
> (1) Judicial authority-
> (A) Restraining orders and preliminary injunctions- No restraining
>order or preliminary injunction shall be issued by any court of the United
>States with respect to a decision to prepare, advertise, offer, award, or
>operate any timber sale offered under subsection (a) or (b).
> (B) Permanent injunctions- The courts of the United States shall have
>authority to enjoin permanently, order modification of, or void an individual
>sale under subsection (a) or (b) if, at a trial on the merits, it has been
>determined that the decision to prepare, advertise, offer, award, or operate
>the
>sale was arbitrary, capricious, or otherwise not in accordance with law.
> (2) Time and venue for challenge-
> (A) In general- Any challenge to a timber sale under subsection (a)
>or
>(b) shall be brought as a civil action in the United States district court for
>the district in which the affected Federal lands are located within 15 days
>after the date of the initial advertisement of the challenged timber sale.
> (B) No waiver- The Secretary of the Interior and the Secretary of
>Agriculture may not agree to, and a court may not grant, a waiver the
>requirements of subparagraph (A).
> (3) Stay of administrative action- During the 45-day period after the date
>of filing of a civil action under paragraph (2), the affected agency shall take
>no action to award a challenged timber sale.
> (4) Time for decision- A civil action filed under this section shall be
>assigned for hearing at the earliest possible date, and the court shall render
>its final decision relative to any challenge within 45 days after the date on
>the action is brought, unless the court determines that a longer period of time
>is required to satisfy the requirements of the United States Constitution.
> (5) Expediting rules- The court may establish rules governing the
>procedures for a civil action under paragraph (2) that set page limits on
>briefs
>and time limits on filing briefs, motions, and other papers that are shorter
>than the limits specified in the Federal Rules of Civil Procedure or Federal
>Rules of Appellate Procedure.
> (6) Special masters- In order to reach a decision within 45 days, the
>court
>may assign all or part of any proceeding under this subsection to 1 or more
>special masters for prompt review and recommendations to the court.
> (7) No administrative review- A timber sale conducted under subsection (a)
>or (b), and any decision of the Secretary of Agriculture or the Secretary of
>the
>Interior in connection with the sale, shall not be subject to administrative
>review.
>
>(d) Expiration Date- Subsection (a) and (b) shall expire effective as of
>September 30, 1996, but the terms and conditions of those subsections shall
>continue in effect with respect to timber sale contracts offered under this Act
>until the completion of performance of the contracts.
>
>(e) Award and Release of Previously Offered and Unawarded Timber Sale
>Contracts-
> (1) Award and release required- Notwithstanding any other law, within 30
>days after the date of the enactment of this Act, the Secretary concerned shall
>act to award, release, and permit to be completed in fiscal years 1995 and
>1996,
>with no change in originally advertised terms and volumes, all timber sale
>contracts offered or awarded before that date in any unit of the National
>Forest
> System or district of the Bureau of Land Management subject to section 318 of
>Public Law 101-121 (103 Stat. 745).
> (2) Threatened or endangered species- No sale unit shall be released or
>completed under this subsection if any threatened or endangered species is
>known
>to be nesting within the acreage that is the subject of the sale unit.
> (3) Alternative offer in case of delay- If for any reason a sale cannot be
>released and completed under the terms of this subsection within 45 days after
>the date of enactment of this Act, the Secretary of Agriculture or the
>Secretary
>of Interior, as the case may be, shall provide the purchaser an equal volume of
>timber, of like kind and value, which shall be subject to the terms of the
>original contract, and shall not count against current allowable sale
>quantities.
>
>(f) Effect on Plans, Policies, and Activities- Compliance with this section
>shall not require or permit any revisions, amendment, consultation,
>supplementation, or other administrative action in or for any land management
>plan, standard, guideline, policy, regional guide or multi-forest plan because
>of implementation or impacts, site-specific or cumulative, of activities
>authorized or required by this section. No project decision shall be required
>to be halted or changed by such documents or guidance, implementation, or
>impacts.
>
>

Dennis Paulson, Director phone: (206) 756-3798
Slater Museum of Natural History fax: (206) 756-3352
University of Puget Sound e-mail: dpaulson at ups.edu
Tacoma, WA 98416