HRP HOUSE REPORT
780515 (PART 1 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1052 TO 1090)
TEXT OF REPORT (PAGE 1)
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The Committee on Agriculture, to whom was referred the bill (H.R.
11777), to authorize and direct the Secretary of Agriculture to provide
cooperative forestry assistance to States and others, and for other
purposes, having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows, ++EP++
HRP HOUSE REPORT
HBR HOUSE BILL REPORTED
780515 (PART 2 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777 (BILL TEXT OMITTED. SEARCH IN BILL FILE.)
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1052 TO 1090)
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 9)
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MAY 15, 1978
Page 1, line 3, strike out all after the enacting clause and insert
in lieu thereof the following,
HRP HOUSE REPORT
780515 (PART 3 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777, HR 8020, S 3033
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1978 (PAGES 1052 TO 1090)
BRIEF EXPLANATION OF THE LEGISLATION, PURPOSE AND NEED FOR THE
LEGISLATION, ADVISORY COMMITTEE (PAGES 9 TO 12)
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H.R. 11777 would bring together in one statute, authority for several
major programs in cooperative forestry assistance. Some of the programs
would be expanded where benefits are apparent and substantial. Existing
authorities would be repealed. Consolidated payments to States rather
than functional matching grants, would be authorized giving States some
flexibility in the disbursement of the funds.
In more detail, H.R. 11777 would
(1) Integrate the cooperative tree seed and plant program, the
cooperative forest management program, and the cooperative tree
improvement program into one program, rural forestry assistance.
(2) Authorize financial assistance to State foresters to carry
out silvicultural practices on non-Federal lands when private
vendors of such practices are not available.
(3) Clarify the role of the State forester in the
administration of the forestry incentives program.
(4) Limit the benefits of the forestry incentives program
generally to owners of 1,000 acres or less of private forest land.
(5) Expand the insect and disease control program to the
protection of wood products, stored wood, and wood in use.
(6) Integrate the cooperative forest fire program with rural
community fire protection program.
(7) Establish a rural fire disaster fund which would be
available to the Secretary to assist States overwhelmed by a
disastrous fire situation.
(8) Formally establish programs in management assistance,
planning assistance and technology implementation.
(9) Make cooperative forestry assistance funds available to the
States until expended.
(10) Specify all program appropriation authorizations as "such
sums as may be needed" rather than in dollar amounts.
It is critically important that we as a nation assure the present and
future availability of the renewable resources of our forests and
rangelands. While adequate supplies of timber and other forest
resources, such as water, are essential to national well-being, unless
early and vigorous action is taken, future demand for these resources is
presently projected to outstrip future supply. Private forest lands
comprise 73 percent of the Nation's commercial forest land. But they
produce far less than their potential share of timber and other forest
++EP++ resources. % %
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Non-Federal public forest lands are not in significantly better
condition.
President Carter's May 23, 1977 environmental message (House Doc.
95-160) expressed special concern about nonindustrial private forest
lands, lands whose owners are not engaged in the manufacture of wood
products. The improvement in the productivity of these forest lands was
cited by the President as the "greatest challenge remaining to American
forestry." He directed the Department of Agriculture to make a
comprehensive review of cooperative forestry assistance in order to
determine where improvements can be made to obtain better management of
the Nation's private forest lands.
The product of that review is a report entitled "The Federal Role in
the Conservation and Management of Private Nonindustrial Forest Lands",
which was delivered to the President on September 13, 1977. In a letter
accompanying the report, Secretary of Agriculture Bob Bergland said,
It is clear that nonindustrial private forest landowners, in
aggregate, must play an increasingly important role with regard to
meeting future demands for forest products and services. It is equally
clear that the Federal and State governments, in cooperation with the
private sector, have an appropriate and necessary role in assuring that
these lands are protected, managed, and used to benefit the public as
well as the owner.
The report set forth four essential elements in a coordinated program
to raise the level of management on private forest lands, to wit:
education, technical assistance and services, incentives and State
forest resources planning.
M. Rupert Cutler, Assistant Secretary of Agriculture for
Conservation, Research, and Education testified at length on February 2,
1978, on the importance of cooperation and coordination among agencies
involved in cooperative forestry assistance to States and private
landowners. Such cooperation is also necessary at State and local
levels.
Cooperative forestry assistance is necessary for several reasons.
First, private forest landowners often do not have the ability to apply
certain essential forest management practices. For example, it is
difficult or impossible for a private forest landowner to protect his
forest against wildfire, insect infestations and disease epidemics by
himself. For this reason, a cooperative program of forest fire control
was established in 1921 by the Clarke-McNary Act (43 Stat. 653, as
amended, 16 U.S.C. 564, 565, 566, 567). In 1947, the forest pest
control program was authorized by the Forest Pest Control Act (61 State.
177, as amended, 16 U.S.C. 591 1 to 554-5).
Second, private forest landowners often do not have the knoeledge to
apply certain desirable forest management practices. For example, even
though a landowner may have access to several species of tree seedings,
he may not know which species are best suited to his land or how to
plant them properly. Congressional recognition of this need is
reflected in the Cooperative Forest Management Act (64 Stat. 473, as
amended, 16 U.S.C. 568c, 568d) which was enacted in 1950. ++EP++ % %
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Third, the private forest landowner may not engage in some forest
management practices because, in the short run, or from his perspective,
the benefits they provide are not worth their cost. But the benefits of
these practices to the Nation might be substantial, in terms of yields
of timber, wildlife, water quality, and outdoor recreation
opportunities, and worth their cost. Accordingly, the Federal
Government has provided a financial incentive to landowners for, among
other things, tree planting of cutover land under the cost sharing
forestry incentives program authorized by section 1009 of the
Agricultural Act of 1971 (87 Stat. 245, 16 U.S.C. 1509, 1510).
The purpose of H.R. 11777 is to lend impetus to the national
cooperative forestry effort by bringing together in one statute
authority for nine existing programs in cooperative forestry assistance
to States, local governments and private landowners; expanding the
programs where benefits are apparent and substantial; authorizing
consolidated payments to States, rather than functional matching grants,
thus permitting the State a limited degree of flexibility in the
disbursement of these funds under federally approved plans.
The bill is needed because the authorities for the nine existing
cooperative forestry assistance programs lie in seven statutes enacted
over a span of 50 years and some of them no longer respond adequately to
present and future demands upon the Nation's forests and rangelands
renewable resources. There is also a need to combine some of the
programs and to interrelate all of them for a more efficient,
coordinated, and effective cooperative forestry assistance effort.
H.R. 11777 is the product of a major effort on the part of two
Federal agencies, the Forest Service and Extension Service, and 10
private organizations, the American Forestry Association, the
Association of State College and University Forestry Research
Organizations, the Council of Forestry School Executives, the Extension
Committee on Organization and Policy of the National Association of
State Universities and Land-Grant Colleges, the National Audubon
Society, the National Association of State Foresters, the National
Forest Products Association, the National Wildlife Federation, the
Society of American Foresters, and the Wildlife Management Institute.
The initial draft of the bill was prepared by the Forest Service at
the request of Senator Herman E. Talmadge, chairman of the Senate
Committee on Agriculture, Nutrition, and Forestry. This draft was
refined by an "Areas of Agreement" committee under the auspices of the
American Forestry Association and introduced on June 24, 1977, by
Congressman Jim Weaver, chairman of the House Subcommittee on Forests as
H.R. 8020. A comparable Senate bill (S. 3033) was introduced by Senator
Patrick J. Leahy on February 10, 1978. The bill was further revised
after extensive hearings by the Subcommittee on Forests and reintroduced
as H.R. 11777 by the chairman of that subcommittee, Hon. James Weaver of
Oregon, on March 22, 1978.
The committee bill would require the Secretary of Agriculture to
consult with a permanent advisory committee consisting of 5 State
foresters or equivalent State officials selected by the State foresters
or equivalent officials of a majority of States participating in
programs ++EP++ under this Act. % %
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Except in emergencies, the Secretary would be required to consult
with the committee with respect to inter alia requirements for the
development of State forest resources programs, State participation in
management and planning assistance and technical implementation,
apportionment of funds among participating States, administrative
expenses in connection with activities under this act, and amounts to be
expended by the Secretary to assist State cooperators.
At the present time consulation with this committee is required by
the Cooperative Forest Management Act of 1950 which is repealed and
supplanted by this Act. Consultation with State foresters is also
required by section 1009 of the Agricultural Act of 1970, the forestery
incentives program, which is also repealed and replaced by this Act.
The programs embodied in this Act are cooperative Federal State
programs and historically and necessarily have been carried out in
consulation with the States. The States, of course, have their own
stalls and the cost to the Federal Government of the required
consulation with this committee has been minimal. It is estimated that
there would be no direct cost to the Federal Government in consulting
with this committee.
The Committee on Agriculture anticipates that any indirect costs
would be absorbed within operating funds otherwise available for
carrying out the activities of the Department of Agriculture pursuant to
section 4 of the act of August 3, 1956 (7 U.S.C. 2233). In requiring
consultation with the advisory committee, the committee contemplates no
reporting requirements, other than those which may be imposed by the
Secretary.
In its consideration of the functions of this committee, the
committee therefore provided that the bill,
(1) Contains clearly defined purposes,
(2) Requires the membership of the advisory committee to be
fairly balanced in terms of points of view represented and the
functions to be performed,
(3) Contains appropriate provisions to assure that the advice
and recommendations of the committee will not be inappropriately
influenced by the appointing authority or by any special interest,
but will instead be the result of such committee's independent
judgment,
(4) Contains provisions dealing with authorization of
appropriations, the date for submission of reports, the duration
of the committee and the publication of reports and other
materials; and
(5) Contains provisions which will assure that the committee
will have adequate staff (either supplied by an agency or employed
by it), will be provided adequate quarters, and will have funds
available to meet its other necessary expenses. ++EP++
HRP HOUSE REPORT
780515 (PART 4 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1978 (PAGES 1052 TO 1090)
SECTION-BY-SECTION ANALYS IS (PAGES 12 TO 21)
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This section provides that the Act may be cited as the "Cooperative
Forestry Assistance Act of 1973". ++EP++ % %
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Subsection (a) contains seven congressional findings which may
summarized as follows,
(1) since most of the Nation's productive forest lands are in
non-Federal ownership, the Nation's capacity to produce forest
resources is largely dependent on these lands,
(2) adequate supplies of timber and other forest resources
which are essential to the Nation's productivity and well-being
depend upon effective timber management and efficient processing,
marketing, and using of wood and wood products,
(3) managed forest lands provide other forest resources
including habitat for fish and wildlife, aesthetics, and outdoor
recreation opportunities,
(4) efforts to prevent and control insects and diseases
affecting all forest land, require coordinated action by Federal
and non-Federal land managers,
(5) cooperation between Federal and State governments in rural
forest fire protection is of proven effectiveness and value in
protecting lives, property, forests and other resources, and
(6) trees and forests are of substantial environmental and
economic value to urban areas, and managed forests contribute to
improving the quality, quantity, and timing of water yields.
Subsection (b) states that it is the purpose of the act to authorize
the Secretary of Agriculture, with respect to non-Federal forest lands,
to assist in,
(1) advancement of forest resources management,
(2) encouragement of the production of timber,
(3) prevention and control of insects and diseases affecting
trees and forest,
(4) prevention and control of rural fires,
(5) efficient utilization, including recycling, of wood and
wood fiber,
(6) improvement and maintenance of fish and wildlife habitat,
and
(7) planning and conducting of urban forestry programs.
Subsection (c) declares it to be in the national interest for the
Secretary to work with State foresters or equivalent State officials in
carrying out Federal programs affecting non-Federal forest land.
Subsection (d) provides that this act shall be deemed to complement
the Forest and Rangeland Renewable Resources Planning Act of 1974.
Section 3 provides authority for a rural forestry assistance program
which would replace three existing Forest Service programs. The three
are cooperative forest management and processing, cooperation in forest
tree production, and assistance to States for tree improvement.
Subsection (a) contains three congressional findings that recognize
(1) the importance of production of timber from non-Federal forest
lands, (2) that the Federal Government can assist in building up the
quantity and quality of timber and other resources an such lands, and
++EP++ (3) that such assistance contributes to the economic strength and
environmental quality of the Nation. % %
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Subsection (b) authorizes the Secretary of Agriculture to provide
financial, technical, and related assistance to State foresters or
equivalent State officals to
(1) develop gentically improved tree seeds,
(2) procure, produce, and distribute tree seeds and trees,
(3) plant tree seeds and trees for reforestation or
afforestation of non-Federal forest lands,
(4) plan, organize, and implement silvicultural practices on
such lands,
(5) protect or improve soil fertility on non-Federal forest
lands and the quality, quantity, and timing of water yields, and
(6) provide technical assistance to private forest landowners
and others regarding the harvesting, marketing and utilization of
forest resources, the conversion of wood to energy, management
planning and silvicultural treatment of forest lands, the
protection and improvement of forest soil fertility and water
quality, and the effects of forestry practices on fish and
wildlife habitat.
Subsection (c) authorizes to be appropriated annually such sums as
are necessary to carry out the rural forestry assistance program.
Section 4 establishes the forestry incentives program replacing
similar authority presently contained in section 1009 of the
Agricultural Act of 1970.
Subsection (a) authorizes the Secretary of Agriculture to develop and
carry out a forestry incentives program to encourage development,
management, and protection of nonindustrial private forest lands. The
purposes of the program are to encourage landowners to plant trees on
suitable open lands and on cutover forest lands, to employ timber stand
improvement practices and other forest protection activities so as to
provide for production of timber and other forest resources.
Use of the term "nonindustrial" private forest lands is designed to
reflect the intention of the committee to exclude from the program all
firms principally engaged in the manufacture of wood products, as well
as all other large business firms regardless of their business
activities. The forestry incentives program is essentially a cost
sharing program for small forest landowners -- farmers, ranchers,
recreation home owners, and others -- owning land of sufficient size and
quality that they can efficiently produce crops of industrial wood,
either of softwood species or hardwood species, or both.
Subsection (b) defines the term "private forest lands" as those
capable of producing crops of industrial wood owned by any private
individual, group, indian tribe or other native group, association,
corporation or other legal entity.
Subsection (c) provides that landowners eligible for cost sharing
under this program shall own 1,000 acres or less of private forest land.
Exception to this requirement may be granted by the Secretary if he
determines that significant public benefits will accrue. However, the
Secretary may not in any case approve cost-sharing with landowners
++EP++ owning more than 5,000 acres of private forest land, and in no
year may the land area for which cost sharing is approved exceed 1,000
acres. % %
PAGE 15 % %
The committee understands that the Secretary may, in his discretion,
accept landowner certification of ownership of private forest land when
he deems such certification adequate to ensure compliance with the
acreage restrictions contained in the bill.
Subsection (d) requires the Secretary to administer this program in
accordance with regulations developed in consultation with a committee
of not less than five State foresters or equivalent State officials
selected by a majority of such officials from States participating in
programs under this act. The regulations must include guidelines for
administration of the program at the Federal and State levels and must
identify measures and activities eligible for cost sharing.
Subsection (e) requires that the cost sharing agreement between the
Secretary and landowner be based on a forest management plan approved by
the State forester. The Secretary must encourage participating States
to use private agencies, consultants, organizations, and firms to the
extent feasible for preparation of individual forest management plans.
Subsection (f) provides that the Federal cost share shall be the
portion of the cost which the Secretary determines necessary to carry
out the forestry practices agreed upon, but not more than 75 percent of
the actual costs incurred by a landowner. The maximum annual amount of
cost sharing a landowner can receive is to be determined by the
Secretary in consultaion with the aforementioned committee of State
foresters.
Subsection (g) requires that, before distributing the cost sharing
funds among the States, the Secretary must assess the public benefit
giving consideration to,
(1) the acreage of private commercial forest land in each
State,
(2) the potential productivity of such lands,
(3) the number of ownerships eligible for cost sharing in each
State,
(4) the need for reforestation, timber stand improvement, or
other forestry practices on such ownership, and
(5) the enhancement of other forest resources.
Subsection (h) provides that the Secretary may use an advertising and
bid procedure to determine which lands in any area shall be covered by
agreements where this will contribute to effective and equitable
administration.
Subsection (i) authorizes the Secretary to use the authorities
contained in sections 1001-1004 and 1008 of the Agricultural Act of 1970
in carrying out the forestry incentives program.
Subsection (j) authorizes appropriation of such sums as are necessary
for the forestry incentives program including funds necessary for
technical assistance and related expenses.
This section would provide authority for the forest pest control
program supplanting the Forest Pest Control Act of 1917.
Subsection (a) authorizes the Secretary in the National Forests and
cooperatively on non-Federal lands to protect trees, forests, wood
products, stored wood and wood in use from insects and diseases,
including ++EP++ epidemic and endemic diseases and physiological
disorders, in order to, % %
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(1) enhance the growth and maintenance of trees and forest,
(2) promote the stability of forest-related industries and
employment,
(3) aid forest fire prevention and control,
(4) conserve forest cover on watersheds,
(5) protect outdoor recreation opportunities and other forest
resources, and
(6) extend timber supplies by protecting wood products, stored
wood, and wood in use.
Subsection (b) authorizes the Secretary on National Forest lands, and
disease conditions affecting trees,
(1) conduct surveys to detect and appraise insect infestations
disease conditions affecting trees,
(2) determine biological, chemical, and mechanical measures
necessary to prevent, retard, control, or suppress incipient,
potential, threatening, or emergency insect infestations and
disease conditions affecting trees,
(3) plan, organize, direct, and carry out measures to prevent,
retard, control, or suppress incipient, potential, threatening, or
emergency insect infestations and disease epidemics affecting
trees, and
(4) provide technical information and assistance in managing
and coordinating the use of pesticides and other toxic substances
on trees and other vegetation and to wood products and stored wood
and wood in use.
Subsection (c) requires that operations to prevent, retard, control,
or suppress insects or diseases affecting forests and trees on land not
controlled by the Secretary must have the consent, cooperation, and
participation of the entity owning, or having jurisdiction of, the land.
Subsection (d) requires that non-Federal cooperators contribute or
agree to contribute in an amount and manner determined by the Secretary,
to the activities to be carried out before Federal funds may be used.
Subsection (e) provides that the Secretary may provide funds from
this program to other Federal agencies to carry out authorized
activities on their lands.
Subsection (f) provides that funds appropriated to carry out this
program may not be used either (1) to pay the cost of felling or
removing dead or dying trees, unless the Secretary determines such
actions necessary to prevent the spread of a major insect infestation or
disease epidemic, or (2) to compensate for the value of property injred,
damaged, or destroyed by any cause. When he deems it necessary the
Secretary may waive the provisions of section 3709 of the Revised
Statutes, relating to competitive procurement procedures, in order to
procure materials and equipment needed to retard, control, or surpress
insects and diseases.
Subsection (g) authorizes appropriation of such sums as may be needed
to carry out this program, including administrative expenses.
This section authorizes a separate urban forestry program.
Subsection (a) contains three congressional findings, ++EP++ % %
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(1) Trees and forests are important to the qualifying of the
urban environment and provide habitat for wildlife,
(2) trees are weakened, damaged or killed by the concentrated
use or urban land, and
(3) planting, protecting and maintaining trees and forests
improves the urban environment.
Subsection (b) authorizes the Secretary to provide financial,
technical and related assistance to State foresters or equivalent State
officials so that they may provide information and technical assistance
to units of local government and others. The Secretary may deal
directly with local governments and others when he and the affected
State forester agree that direct cooperation would better achieve the
purposes of the section. Authorized activities include planning urban
forestry programs, planting, protecting and maintaining trees and
forests, and utilizing wood.
Subsection (c) authorizes appropriation of such sums as may be needed
to carry out this program including administrative expenses.
This section combines the cooperative forest fire protection and
rural community fire protection programs supplanting section 2 of the
Clark-McNary Act of 1924, and title IV of the Rural Development Act of
1972.
Subsection (a) contains six congressional findings,
(1) Outstanding accomplishments have been made in cooperative
prevention and control of fires on forest lands and non-forested
watersheds,
(2) progress is being made in cooperative protection of human
lives, crops, livestock, property and natural resources from fire
in rural areas,
(3) such protection remains a high priority,
(4) cooperative relationships should be retained and improved,
(5) Federal, State, and local fire prevention and control
efforts must be integrated, and
(6) the Secretary should assist a State or rural area whenever
a fire emergency overwhelms or threatens to overwhelm its
firefighting capability.
Subsection (b) authorizes the Secretary to,
(1) Cooperate with State foresters or equivalent State
officials in the development of systems and methods for
prevention, control, suppression and prescribed use of tires on
rural lands and in rural communities,
(2) provide financial, technical, and related assistance for
the prevention, control, suppression and prescribed use of fires
on non-Federal forest and other lands, and
(3) provide financial, technical and related assistance to
organize, train and equip local firefighting forces to prevent,
control and suppress fires in rural areas of 10,000 or fewer
inhabitants.
Section (c) requires the Secretary to encourage the use of excess
Federal property by State and local fire forces.
Subsection (d) requires the Secretary to seek to coordinate
assistance under this program with assistance provided by the Secretary
++EP++ of Commerce under the Federal Fire Prevention and Control Act of
1974 (88 Stat. 1535). % %
% %
Subsection (e) authorizes appropriation of such sums as may be needed
to carryout this program.
Subsection (f) establishes in the Treasury a special rural fire
disaster fund to supplement other available funds to be used for rural
fire emergencies when State and local resources are fully employed.
This subsection also authorizes appropriation of such sums as may be
needed to establish and replenish the disaster fund.
This section provides specific statutory authority for three programs
that are currently carried out under general authorizations of the
Department of Agriculture.
Subsection (a) authorizes the Secretary of Agriculture to provide
technical, financial and related assistance to State foresters or
equivalent State officials with respect to organization management,
program planning, budget and fiscal accounting services, personnel
training, et cetera, in order to develop stronger and more efficient
State forest resources managing agencies.
Subsection (b) authorizes the Secretary to provide technical,
financial and related assistance to State foresters in the assembly and
use of State forest resources data, training of State forest resources
planners, and participating in cooperative forest planning.
Subsection (c) authorizes the Secretary to carry out, through State
foresters or USDA agencies, a technology implementation program to
insure that new technology is applied. Program activities include,
(1) strengthening technical assistance programs of cooperators
by engaging in direct application of research results and
conducting pilot projects and field tests,
(2) studying the effects of tax laws on forest managements,
(3) developing and maintaining technical information systems,
(4) testing, evaluating, and seeking registration of chemicals,
and
(5) carrying out other activities, including the training of
State forestry personnel to assure that the program under this act
are responsive to special problems.
Funds for technology implementation may be provided to cooperators
without regard to provision of 31 U.S.C. 529, which prohibits advances
of public money. Forestry planning committees at the National and State
levels must be utilized in carrying out this program.
Subsection (d) authorizes appropriation of such sums as may be needed
to carry out this program.
Subsection (a) authorizes the Secretary of Agriculture upon the
request of any State, to consolidated financial assistance to that State
in lieu of functional cost-sharing mechanisms, formulas, or agreements.
However, such consolidated payments may not include funds for the
forestry incentive program or funds from any special Treasury fund
authorized by this Act.
Subsection (b) conditions the authority to make consolidated payments
upon submission of a State forest resources program which must be
reviewed by the Secretary. ++EP++ % %
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Subsection (c) provides that the total consolidated payment to any
State in any fiscal year may not exceed the total amount of non-Federal
funds expended in that State during that year to carry out its State
forestry program. However, in the discretion of the Secretary, the
Federal contribution toward a particular cooperative forestry program
may exceed the non-Federal contribution to that program as long as the
total Federal consolidated payment does not exceed the aggregate
non-Federal cooperative forestry expenditures.
Subsection (d) permits the Secretary, in his discretion, to accept
the certificate of the State forester that the conditions for Federal
payment have been met.
Subsection (e) requires the Secretary to insure that the consolidated
payment procedure does not in any of itself adversely affect or
eliminate any individual program authorized by this Act.
Subsection (f) provides that, subject to applicable appropriation
Acts, the total annual amount of financial assistance to any
participating State shall not be less than the amount provided to that
State for the fiscal year in which this Act is enacted under statues
repealed and replaced by this act. This base amount does not include
funds for special projects of one or 2 years duration.
Subsection (a) requires the Secretary to the maximum practicable
extent,
(1) to work through, cooperate with, and assist State foresters
or equivalent State officials,
(2) to encourage cooperation and coordination between State
forestry officials and other State renewable natural resources
agencies,
(3) to use and encourage cooperators to use private agencies,
consultants, organizations, firms, and individuals to furnish
necessary materials and services, and
(4) to coordinate the actions and assistance authorized by this
act with related Department of Agriculture programs and with
cooperative programs of other agencies.
In the latter connection, the Committee notes the recent laudable
example of coordination of USDA private forest landowner programs
represented by the USDA Interagency Agreement on Forestry signed January
30, 1978, by the Forest Service, the Soil Conservation Serives, the
Science and Education Administration, the Agricultural Stabilization and
Conservation Service, and the Farmers Home Administration. Such efforts
should be continued at the Federal level, and the Secretary should
encourage comparable efforts at the State level. For example, more
cooperation is needed between State forestry and State fish and wildlife
agencies.
Subsection (b) provides that funds appropriated under this act shall
remain available until expended.
Subsection (c) requires that, except in emergencies, the Secretary
must consult with a committee of not less than five State foresters or
equivalent State officials selected by a majority of State foresters or
equivalent State officials from States participating in programs under
this act, with respect to,
(1) requirements for State forest resources programs,
(2) State participation in management assistance, planning
assistance and technology implementation, ++EP++
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(3) apportionment of funds among State participating under this
act,
(4) administrative expenses for programs under this act, and
(5) amounts to be expended to assist non-State cooperators
under this act.
Subsection (d) defines, the terms "United States" and "State" for
purposes of this act to include each of the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the
United States, the Commonwealth of the Northern Mariana Islands, the
Trust Territory of the Pacific Islands, and the territories and
possessions of the United States,
Subsection (e) defines the term "forest resources" for purposes of
this act to include esthetics, fish and wildlife, forage, outdoor
recreation opportunities, timber and water,
Subsection (f) defines the term "urban forestry" for purposes of this
act as the planning, establishment, protection, and management of trees
and associated plants, individually, in small groups or under forest
conditions within cities, their suburbs and towns.
Subsection (g) empowers the Secretary to prescribe rules and
regulations needed to carry out the provisions of this act.
Subsection (h) authorizes the Secretary to make grants, agreements,
contracts and other arrangements necessary to implement the act.
Subsection (i) provides that the act is to be construed to supplement
and not to limit or repeal any existing law except those specifically
repealed by this act.
This section provides that this act does not authorize the Federal
Government to regulate the use of private land or to deprive owners of
land of their rights to, or income from the sale of, property, nor does
this act diminish the rights and responsibilities of the States and
political subdivisions of States.
This section amends section 8 (c) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 to require inclusion in the
annual report called for by that section of a description of the status
of programs under this act and of how significant forest research
findings will be applied to cooperative forestry assistance programs.
Subsection (a) repeals the following laws or portions of laws,
(1) sections 1,2,3 and 4 of the Clarke-McNary Act,
(2) the White Pine Blister Rust Protection Act,
(3) the Forest Pest Control Act,
(4) the Cooperative Forest Management Act,
(5) section 401 of the Agriculture Act of 1956,
(6) title IV of the Rural Development Act of 1972, and
(7) section 1009 and the proviso to section 1010 of the
Agricultural Act of 1970.
Subsection (b) provides that contracts and cooperative and other
agreements executed under authority of the acts, or portions thereof,
repealed by this act shall remain in effect until amended or terminated
by their own terms or by other provisions of law. ++EP++ % %
% %
This section provides that this act shall become effective October 1,
1978. ++EP++
HRP HOUSE REPORT
780515 (PART 5 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777, HR 8020
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1978 (PAGES 1052 TO 1090)
COMMITTEE CONSIDERATION (PAGES 21 TO 24)
% %
% %
During 1977, the Subcommittee on Forests held extensive oversight
hearing at five locations in the United States on the implementation by
the Forest Service of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (Implementation of Resources Planning Act, Hearings
before the Subcommittee on Forests of the Committee on Agriculture,
House of Representatives, 95th Cong., 1st sess., Ser. No. 95-II).
Hearings were held at Portland, Oreg.; Coeur d'Alene, Idaho; Hot
Springs, Ark.; Warren, Pa.; and twice at Washington, D.C. During these
hearings, many witnesses took the opportunity to testify on the bill
(H.R. 8020), predecessor to the present bill (H.R. 11777). Thirty-eight
witnesses testified in support of the bill and none in opposition. Many
of them made editorial and other suggestions for its improvement.
The witnesses included the State foresters of 11 States,
representatives of other agencies of several States, and representatives
of 11 academic or research institutions, 9 industry groups, 3
environmental or conservation groups, 3 professional forestry
organizations, and a representative of the Governor of the State of
Arkansas.
The testimony of the witnesses can be summarized as follows,
1. Most of the Nation's forest land is in private ownership.
2. Adequate supplies of timber and other forest resources are
essential to the Nation's well-being, and future demand for timber and
other forest resources is projected to exceed future supply.
3. Private forest lands, and especially private nonindustrial forest
lands, are producing much less than their potential output of timber.
4. Significant progress has been made in improving the productivity
of private forest lands through the various cooperative forestry
assistance programs, but much more can and must be done.
5. Existing cooperative forestry assistance programs are not
effectively coordinated.
6. This legislation is needed because it would,
(a) coordinate the various cooperative forestry assistance
programs,
(b) expand some of the programs where benefits are apparent and
substantial,
(c) provide for consolidated funding rather than the present
piecemeal functional matching grants which needlessly inhibit a
coordinated approach to cooperative forestry assistance; and
(d) promote State forest resource planning.
The Subcommittee on Forests held a hearing on H.R. 8020 on February
2, 1978 (Cooperative Assistance Research and Extension Legislation,
Hearing before the Subcommittee on Forests of the Committee on
Agriculture, House of Representatives, 95th Cong., 2d sess. Serial No.
95-PP). The need for H.R. 8020 was supported by the testimony or
statements of 16 witnesses including M. Rupert Cutler, Assistant ++EP++
Secretary of Agriculture for Conservation, Research, and Education,
representatives of 6 environmental or conservation groups, 4 industry
groups, 3 academic institutions, an association of forest farmers, and
the National Association of State Foresters. % %
% %
Assistant Secretary Cutler, on behalf of the administration,
recommended enactment of this legislation. He also provided a number of
recommended amendments. Other witnesses also suggested amendments.
Virtually all of these amendments have been included in the bill as
reported by the committee.
The Subcommittee on Forests met in business session on March 1, 1978,
to consider the bill, H.R. 8020, an earlier version of H.R. 11777. The
subcommittee staff had prepared for the subcommittee's consideration a
revised print of the bill, incorporating a number of editorial changes
and several amendments which had been urged at the hearings. The
chairman of the subcommittee, Mr. Weaver, offered the print as an
amendment in the nature of a substitute and requested the staff to
explain it to the Subcommittee. The staff explained that the bill (H.R.
8020) had been drafted as an amendment to the Forest and Rangeland
Renewable Resources Planning Act of 1974. The subcommittee print
changed the legislation to a separate free-standing statute. The
authorization ceilings for each of the various programs contained in the
bill were deleted and substituted instead was an authorization of such
sums as are necessary to carry out each of the programs contained in the
bill. The print further (1) added to the bill a section providing for
grants of up to $10 million per year for a period of 5 years to cities
for pilot urban forestry projects, (2) limited eligibility for forestry
incentives assistance under the bill to owners of tracts of not more
than 1,000 acres of private forest land, and (3) imposed a ceiling on
the Federal contribution to any forestry incentive cost-share project of
75 percent. The print also deleted language authorizing the Secretary
of Agriculture to engage in cooperative forestry projects with other
nations and also deleted a provision empowering the Secretary to define
the term "urban forestry". Finally the subcommittee staff print added
to the bill a new section making it clear that nothing in the bill may
be interpreted to empower the Federal Government to regulate the use of
private land or interfere with private property rights or the rights and
responsibilities of State and local authorities.
After a brief discussion during which it was ascertained that the
administration favored the revised print of the bill, the subcommittee,
on motion of the chairman, Mr. Weaver, ordered the bill as so revised
reported favorably to the full committee.
The Subcommittee on Forests met again in business session on March 9,
1978, to consider pending business. Upon motion of Mr. Kelly, the
subcommittee agreed to reconsider the subcommittee staff print of the
bill, H.R. 8020. Mr. Kelly then moved to strike from the print the
provisions authorizing an urban forestry grant program of $10 million
per year for five years. Mr. Kelly argued that the parameters of the
contemplated program were indistinct and the need for the program had
not adequately been demonstrated. After some discussion, the
subcommittee agreed by a rollcall vote of 4 to 3 to delete ++EP++ these
provisions. % %
% %
Thereafter the subcommittee agreed by a voice vote in the presence of
a quorum to report the subcommittee print as thus amended favorably to
the full committee. The subcommittee further instructed the chairman to
introduce the subcommittee print as reported as a clean bill for
consideration by the full committee. The chairman, Mr. Weaver, did so
on March 22, 1978, and the clean bill bears the number H.R. 11777.
The Committee on Agriculture met in business session on Thursday,
April 27, 1978, to consider the bill, H.R. 11777. The chairman of the
Subcommittee on Forests, Mr. Weaver, briefly explained the provisions of
the bill and then offered for the committee's consideration a series of
amendments, primarily technical or editorial in nature. However, two of
the amendments effected substantive changes and occasioned discussion in
the committee.
First, the bill as reported by the subcommittee had been amended to
restrict eligibilty for assistance under the forestry incentives program
to owners of tracts of 1,000 acres or less of private forest land. This
represented a change from the existing law which provides that no forest
incentives contract may be approved on a tract greater than 500 acres.
Mr. Weaver noted that the forestry incentives program is intended
primarily to assist owners of small amounts of private forest land.
Objection had been made that the restriction on eligibility to tracts of
not more than 500 acres under existing law, or 1,000 acres under the
bill, left open the possibility that assistance might nonetheless be
available to owners of a number of such tracts. Therefore, one of the
amendments offered by Mr. Weaver limited assistance under this program
to owners of a total of 1,000 acres or less of private forest land, with
an exception which permitted the Secretary of Agriculture to extend
assistance to owners of a total of not more than 5,000 acres of private
forest land where significant public benefit would result.
Mr. Jones of Tennessee asked unanimous consent to amend the latter
exception by deleting the word "forest" which would have the effect of
denying the benefits of the program to any person owning more than 5,000
acres, whether or not that land is forest land. Mr. Jones argued that
the program is designed to assist small landowners and that this
amendment would insure the execution of that intention. However, Mr.
Jones' unanimous consent request was objected to by Mr. Marlenee who
pointed out that while land owners in the West and Southwest might own
more than 5,00 acres of arid land of low value, they might also own
small tracts of wooded land as to which it would be in the public
interest for the benefits of the program to be available. In view of
Mr. Marlenee's objection, Mr. Jones did not press his amendment.
Mr. Bedell then offered an addition to the Weaver amendment which
provides in essence that even though the Secretary may extend the
benefits of the program to owners of as much as 5,000 acres of private
forest land where significant public benefits would accrue, in no case
could cost sharing be approved for more than 1,000 acres of such land.
After some discussion, it was agreed that Mr. Bedell's amendment helped
to clarify the committee's intent and it was adopted by voice vote.
++EP++ % %
% %
Mr. Johnson then took issue with an amendment proposed by Mr. Weaver
which would have eliminated the restriction in the bill which limits
benefits under the program to "nonindustrial" private forest lands. Mr.
Johnson pointed out that this change would make any large industrial
corporation that happened to own forest land eligible for the benefits
of the program. Mr. Weaver noted that his amendment was designed to
make the benefits of the program available to small saw mill operators,
who own forest land. After some further discussion, the committee
agreed with Mr. Johnson and restored the restriction limiting
availability of the program to nonindustrial private forest landowners.
The committee then by voice vote agreed to the balance of Mr. Weaver's
technical amendments.
Thereafter, the committee by voice vote, in the presence of a quorum,
ordered the bill H.R. 11777, as amended, reported to the House with a
recommendation that it do pass. ++EP++
HPR HOUSE REPORT
780515 (PART 6 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777, HR 8020
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE
RESOURCES ACT OF 1978 (PAGES 1052 TO 1090)
ADMINISTRATION POSITION WITH TWO LETTERS EMBEDDED, CURRENT AND FIVE
SUBSEQUENT FISCAL YEAR COST ESTIMATE, INFLATIONARY IMPACT STATEMENT,
BUDGET ACT COMPLIANCE WITH ONE LETTER EMBEDDED, OVERSIGHT STATEMENT
(PAGES 24 TO 32)
% %
% %
The U.S. Department of Agriculture submitted the following reports to
the committee on the proposed legislation
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, U.S. House of Representative,
Washington, D.C.
DEAR MR. CHAIRMAN: As you requested, here is our report on H.R.
11777, a bill "To authorize and direct the Secretary of Agriculture to
provide cooperative forestry assistance to States and others, and for
other purposes."
The Department of Agriculture recommends that H.R. 11777 be enacted,
if amended as recommended herein.
H.R. 11777 would provide new statutory authority that would
consolidate and update existing authorities for the Forest Service to
provide forest resources assistance to the States and others. The
existing authorities would be repeated. The bill would complement the
the policies and direction established in the Forest and Rangeland
Renewable Resources Planning Act of 1974 (88 Stat. 476, as amended, 16
U.S.C. 1601 and 1602).
H.R. 11777, with the ammendments we recommended, would approprately
complement the cooperative forestry goals outlined by the President in
his May 23, 1977, Environmental Message. The Report to the President by
this Department, dated August 1977, contains many of the proposals set
forth in H.R. 11777. Section 9, authorizing the Secretary to make
consolidated payments to States, is of special significance in this
regard. This funding procedure would replace existing functional
formulas for matching grant programs and permit more effective use of
cooperative forestry programs. Its use would be optional but we would
work with the States with the objective of moving as fast as possible
toward a uniform comprehensive forestry ++EP++ grant program. % %
% % Consolidated payments would be based upon State forestry programs
developed by the State forestry agency.
Assistant Secretary of Agriculture Dr. M. Rupert Cutler testified in
support of H.R. 8020, the predecessor to this bill, before the
Subcommittee on Forest, February 2, 1978. While recommending enactment,
Dr. Cutler offered a number of amendments. These are contained in our
report to you on H.R. 8020, dated March 10, 1978. We are pleased the
Subcommittee accepted many of these recommendations and chose to include
them in H.R. 11777.
We remain concerned, however, about some provisions of H.R. 11777.
In our enclosed supplemental statement, we highlight the
section-by-section discussion of our earlier report, describe the
changes from H.R. 8020 and present our additional amendments. Our major
concerns deal with section 6. Urban and Community Forestry, and the
provisions in section 7 (f) providing for a rural fire disaster fund.
We continue to recommend deletion of both of these provisions. We have
determined that current authorities for administration of the forestry
incentives program have not been incorporated into H.R. 11777. These
relate to sections 1001, 1002, 1003, 1004, and 1008 of title X of the
Agriculture Act of 1973 (87 Stat. 221; 16 U.S.C. 1501-1510). We believe
these would be needed for proper administration of the program and
recommend appropriate additions to the bill.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
administration's program.
Sincerely.
/s/BOB BERGLAND, Secretary.
Enclosure.
This bill would provide clarification and consolidation of seven
legislative authorities that authorize nine cooperative forestry
programs. In so doing, it would retain the essential ingredients of
these programs and make modest expansions in their scope. It would also
authorize new needed cooperative approaches. It would build upon the
well established cooperative relationships with the States.
H.R. 11777 is proposed as freestanding legislation as opposed to H.
R. 8020, its predecessor which was an amendment to the Forest and
Rangeland Renewable Resources Planning Act of 1974. The bill would
repeal the seven existing authorities.
The appropriation authorizations in each of the program sections (3
through 8) of H.R. 11777 are changed from specific dollar amounts to
"such sums as may be needed."
Congressional declaration of the importance to the Nation of private
forest lands and the need for cooperative forestry assistance is
expressed in seven policy statements. These statements provide clear
++EP++ and needed guidance to the programs being authroized. % %
% %
The section establishes that Federal assistance is to be provided in
a broad "forest resources" context which is defined as encompassing
esthetics, fish andwildlife, forage, outdoor recreation opportunities,
timber and water.
Three existing programs would be combined and expanded to help States
assist private forest landowners. These programs are,
1. Cooperation in Forest Management and Processing, alos as "CFM"
since it is based on the Cooperative Forest Management Act of 1950 (61
Stat 473, as amended; 16 U.S.C. 568c, 568d),
2. Cooperation in Forest Tree Production, also known as "CM-4" since
it is based on Section 4 of the Clarke-McNary Act of 1924 (43 Stat.
654, as amended; 16 U.S.C. 567); and
3. Assistance to States for tree Improvement, also known as "title
IV" since it is based on title IV of the Agriculture Act of 1956 (70
Stat. 207; 16 U.S.C 565c).
These programs enable the State Forester to assist landowners in
forest management and wood processors in utilization, to provide tree
seedlings at modest cost, and to engage in a tree genetics program to
improve the quality of seedlings grown for reforestation purposes. The
section would also permit States to carry out forest management
practices which have been recommended, such as tree planting, on forest
lands where these services are not available from private sources. The
assistance to be provided would cover all forest resources.
H.R. 11777 deletes the requirement that each State match the Federal
funds appropriated for the rural forestry assistance program. Matching
requirements are now set forth in the provisions of Section 9, which
permits the consolidation of Federal funds for all of the programs in
H.R. 11777. The bill adds the conversion of wood to energy for domestic,
industrial, municipal and other uses to the list of activities for which
advice and assistance can be provided. We support these changes.
This section is based on the existing Forestry Incentives Program,
section 1009 of title X of the Agriculture Act of 1973 (87 Stat. 221;
16 U.S.C. 1501-1509), which provides cost-share payments to
non-industrial forest landowners.
H.R. 11777 differs from H.R. 8020 in several respects,
1. Landowners eligibility is broadened to include all private forest
landowners. Restriction excluding small forest idustries or public
utilities are removed. We oppose this change and recommended the
original language restored.
2. H. R. 8020 required the Secretary to obtain the concurrence of the
State Foresters in the regulations he develops to administer the
program. We recommended that this provision be revised to provide for
consultation rather than concurrence and support the provision
ascontained in H.R. 11777.
3. A lower limit of 50 percent in the cost-share rate is removed in
H.R. 11777, to which we agree. Only the upper limit of 75 percent would
apply.
4. Distribution of program funds among States would require
consideration of in addition to those factors listed in H.R. 8020, "the
++EP++ enchancement of forest resources other than timber." % %
% %
We support this addition.
5. The appropriation authorization would permit a portion of the
funds to be used for technical assistance and related expenses rather
than administrative expenses, as in H.R. 8020. We recommended this
change to facilitate administration of the program.
This section would replace section 1009 of Title X. The forestry
incentives program would then be removed from some of the broader
authorities of title X which currently guide the program. Section 1001
permits cost-sharing under multi-year agreements so that a forest
landowner could be more assured that Forestry Incentives Program funds
would be available to complete the recommended practices in his forest
management plan. Sections 1002 and 1003 set forth the responsibilities
of the landowner in order to receive cost-sharing and the penalties for
improper use of funds. Section 1004 authorizes the Secretary to make
available to landowners conservation materials, including trees.
Section 1008 prescribes the use of State and county Agricultural
Stabilization and Conservation Committees and coordination with other
Government agencies. This section also authorizes the use of the
Commodity Credit Corporation in carrying out the program, and authority
used by the Agricultural Stabilization and Conservation Service to pay
landowners for approved cost-sharing practices. We believe an
appropriate reference to these authorities is necessary for the proper
administration of the forestry incentives program. Needed language is
included under "Recommended Amendments."
This section would replace the existing Forest Pest Control Act of
1917 (61 Stat. 177, as amended; 16 U.S.C. 594-1 to 594-5) and the White
Pine Blister Rust Protection Act (54 Stat. 168; 16 U.S.C. 591a). It
would enable the Secretary to protect trees, forests, wood products,
stored wood, and wood in use from insects and diseases. This would be
carried our directly on the National Forest System and in cooperation
with other Federal departments, State forestry agencies, and others on
all other forest lands.
The provision for a special contingency fund provided in the program
appropriation subsection of H.R. 8020 has been deleted as has the
separate appropriation authority for a program in urban areas (Section
204 (h). We recommend that this subsection be further clarified and
simplified by eliminating the reference to types of landownership to be
included in the program.
This section is derived from a component of the Cooperative Forest
Management Act of 1950 added by amendment in 1972. It authorizes
assistance to States to provide technical assistance in urban forestry
activities. Scope of the work includes advice in planning programs and
in planting, protecting, maintaining, and utilizing trees.
The Department recommends that the detailed provisions for an urban
forestry program, as contained in this section, not be included in H.R.
11777.
We believe the action program should be the responsibility of the
State and local governments. We will continue to support a limited
++EP++ program in this area in order to assist the State Forester under
more general forestry authorities available to the Secretary % %
% %
This section integrates and strengthens to existing cooperative
programs providing financial and technical assistance in fire prevention
and control. These are,
1 Cooperation in Forest Fire Control, Known as "CM-2" since it is
based on section 2 of the Clark-McNary Act of 1924 (43 Stat. of 1924 (43
Stat. 653, as amended; 16 U.S.C. 565); and
2. Rural Community Fire Protection, authorized by Title IV of the
Rural Development Act of 1972 (86 Stat. 670, as amended; 7 U.S.C. 2651
2654).
H.R. 11777 clarifies the scope of the program by changing "fire" to
"wildfire" when describing the prevention and control effort. This would
make clearer distintion between destructive fires and the prescribed use
of fires, a silvicultural practice. The bill deletes the requirement
that limits the Federal Government's share of each State's grant to one
third of the total Federal and non-Federal expeditures for the program
in the previous year. Matching requirements are set forth in section 9
providing for consolidation of Federal funds for all programs authorized
by H.R. 11777.
H.R. 11777 retains the provision establishing a rural fire disaster
fund. We recommend this provision be deleted. We believe the Disaster
Relief Act of 1971 provides the necessary means to respond to States
having critical wildfire situations.
This section would establish in statute three activities which have
been carried out under more general forestry authority. Management and
planning assistance would permit Forest Service specialists to work with
State forestry agencies to improve their management and administrative
efficiency and to implement or participate in existing State and Federal
forest resource planning processes. These two activities are becoming
increasingly important. The activities respond directly to the
President's May 23, 1977, environmental message. The technology
implementation activity emphasizes the need that the cooperative
forestry programs incorporate the latest scientific knowledge and
techniques. H.R. 8020 presented this activity as a separate Section;
H.R. 11777 combines the activity with management and planning
assistance. Pilot projects and field tests, studies, technical
information systems, training and tests and evaluations of chemicals
would be included in the technology implementation activity. We support
the provisions for these activities as contained in H.R. 11777.
This section would consolidate the funds provided under each of the
program sections in H.R. 11777 into a single grant to the State. This
would be in lieu of functional formula payments. Each State would be
required to at least match the consolidated Federal amount for the
cooperative forestry programs. The Federal share for a specific program
within the overall program could exceed 50 percent. Consolidation would
be optional with each State and would require that a State ++EP++
forestry program be developed by each State Forester. % %
% %
The Consolidated payment procedure is consistent with the direction
in the President's Environmental Message. We strongly support the
inclusion of a provision for consolidated payments.
This section contains provisions applicable to all the program
sections regarding cooperation and coordination, among agencies, program
administration, definitions, rules and regulations and grants and
contracts. Included is the requirement that the Secretary consult with a
committee of five State Foresters regarding the operation of the
programs. This is changed from H.R. 8020 which required the Secretary to
seek concurrence from the committee of State Foresters. Two provisions
regarding international information exchange and cooperation with
private agencies and individuals are deleted from H.R. 11777. We support
these revisions.
This section has been added in H.R. 11777. It would restrict the
Federal Government, in carrying out the programs that would be
authorized by this legislation, from regulating the use of private land,
or lessening the authority of State or local governments. We have no
objection to this addition.
This section would amend section 8 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (88 Stat. 476, as amended) to
require a report to Congress on the cooperative forestry assistance
programs. This provision is not changed from H.R. 8020 and is
appropriate.
The specific laws or portions of laws which now provide authority for
Federal cooperative forestry assistance would be appropriately repealed
by this section.
1. Change "procesing" to "processing" on line 16, page 5.
2. Insert the words "associated therewith" after the word "resources"
on line 22, page 6.
This amendment would clarify the relationship of the forest uses for
the purposes of the program.
3. Insert "nonindustrial" before "private" on line 23, page 6.
Insert the following sentence at the conclusion of Section 4(b), line 2,
page 7
"Such term does not include private entities which principally engage
in the business of manufacturing forest products or providing public
utilities services of any type, or the subsidiaries of such entities."
These two amendments would add landowner eligibility requiremnts that
would limit the Forestry Incentives Program to those non-industrial
private forest landowners who most need a financial incentive to make
forestry investments.
4. Change the reference "10(d)" to "10(c)" on line 9. page 7 and line
9, page 8.
5. Insert the words "by the landowner" after the word "developed"
++EP++ % %
% %
6. Insert the following new subsection in Section 4 at line 25, page
8,
"(i) In carrying out the purposes of this section, the Secretary is
authorized to use the authorities provided for in sections 1001, 1002,
1003, 1004 and 1008 of title X of the Agriculture and Consumer
Protection Act of 1973 (87 Stat. 221; 16 U.S.C. 1501-1504, 1508)."
Redesignate subsection (i) as subsection (j).
7. Delete the words "on Federal lands and on lands not within urban
areas, including cities, their suburbs, and towns: on lines 9-11, page
12.
This recommendation would clarify and simplify the appropriation
authorization.
8. Delete Section 6, pages 12-13.
9. Insert "(3)" before "Notwithstanding," line 13, page 14.
10. Delete item (6) of Section 7 (a) on line 1-6, page 15.
11. Change "as" to "is", line 8, page 15.
12. Change "forest" to "forces", line 12, page 16.
13. Delete Section 7 (f), pages 16 17.
14. Change the word "shall" to "may" and the words "as requested" to
"only upon request" on line 23, page 17.
This recommendation would achieve consistency with other program
sections regarding authority of the Secretary and clarify the
responsibility of the State Forester.
15. Delete the words "or money from any special treasury fund
established by this Act", line 15-16, page 20.
16. Change the word "shall" to "need" on line 1, page 23.
17. Change "109" to "1009" line 25, page 25.
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture,
House of Representatives, Washington, D.C.
Dear Mr. CHAIRMAN: In response to your request, we would like to
supplement our report on H.R. 11777, a bill "To authorize and direct the
Secretary of Agriculture to provide cooperative forestry assistance to
State and others, and for other purposes" to include the following
statement,
"H.R. 11777, would not of itself require an increase in cooperative
forestry assistance expenditures because the general nature of the
programs authorized is similar to existing programs. Although the
existing authorization ceilings on certain programs would be eliminated
and replaced with an authorization of 'such ssums as amy be needed', we
would not expect to substantilaay exceed authorization levels contained
in existing law if H.R. 11777 is enacted as we recommended."
A detailed comparison of current authorization levels and fiscal year
1978 appropriations is contained the supplemental statement to our
report on H.R. 8020, an earlier version of this legislation.
Sincerely,
% %
% %
Pursuant to clause 7 of rule XIII of the Rules of the House of
Representatives, the committee estimates that there would be no
additional cost to the Governor incurred as a result of enactment of H.
R. 11777 during the current and 5 subsequent fiscal years. The same cost
estimated was submitted to the committee by the U.S. Department of
Agriculture and the Congressional Budget Office.
Pursuant to clause 2(1)(4) of rule XI of the Rules of the House of
Representatives, the committee estimates that enactment of H.R. 11777,
as amended will have no inflationary impact on the national economy.
The provisions of clause 2(1)(3)(B) of rule XI of the Rules of the
House of Representatives and section 308(a) of the Congressional Budget
Act of 1974 (relating to estimates of new budget authority or new or
increased tax expenditures) are not considered applicable. The estimate
and comparison prepared by the Director of the Congressional Budget
Office under clause 2(1)(3)(C) of rule XI of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act of 1974
submitted to the committee prior to the filing of this report are as
follows,
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, 1301 Longworth House Office
Building, U.S. House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has reviewed H.R.
11777, a bill to authorize and direct the Secretary of Agriculture to
provide cooperative foresty assistance to States and others, and for
other purposes, as ordered reported by the House Committee on
Agriculture, May 2, 1978.
This bill clarifies and consolidates existing authority for
cooperative forestry programs of the Forest Service. Therefore, it
appears that no additional cost to the Government would be incurred as a
result of enactment of this bill.
Sincerely,
No summary of oversight findings and recommendations made by the
Committee on Government Operations under clause 4(c)(2) of rule X of the
Rules of the House of Representatives was available to the committee
with reference to the subject matter specifically addressed by H.R.
11777, as amended. ++EP++ % %
% %
The Subcommittee on Forests of the Committee on Agriculture conducted
oversight hearings with respect to implementation of the Forest and
Rangeland Renewable Resources Act of 1974 during which testimony in
support of this legislation was adduced. "Implementation of Resources
Planning Act, Hearings before the Subcommittee on Forests of the
Committee on Agriculture, U.S. House of Representative, 95th Cong., 1st
sess., serial No. 95-II."
HRP HOUSE REPORT
780515 (PART 7 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11777
HR REP 95-1183
95TH CONG, 2ND SESS
78-H163-7
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1978 (PAGES 1052 TO 1090)
CHANGES IN EXISTING LAW, CLARKE-MCNARY ACT, WHITE PINE BLISTER RUST
PROTECTION ACT, FOREST PEST CONTROL ACT, COOPERATIVE FOREST MANAGEMENT
ACT, AGRICULTURE ACT OF 1956, RURAL DEVELOPMENT ACT OF 1972,
AGRICULTURAL ACT OF 1970, FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974 (PAGES 32 TO 39)
% %
% %
In compliance with clause 3 of rule XIII of the Rules of the House of
Representatives, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, and existing law in which no
change is proposed is shown in roman),
(Sec. 1. The Secretary of Agriculture is hereby authorized and
directed, in cooperation with appropriate officials of the various
States or other suitable agencies, to recommend for each forest region
of the United States such systems of forest fire prevention and
suppression as will adequately protect the timbered and cut-over lands
therein with a view to the protection of forest and water resources and
the continuous production of timber on lands chiefly suitable therefor.
Sec. 2. If the Secretary of Agriculture shall find that the system
and practice of forest fire provention and suppression provided by any
State substantially promotes the objects described in the foregoing
section he is hereby authorized and directed, under such conditions as
he may determine to be fair and equitable in each State, to cooperate
with appropriate officials of each State, and through them with private
and other agencies therein, in the protection of timbered and
forest-producing lands from fire. In no case other than for preliminary
investigation shall the amount expended by the Federal Government in any
State during any fiscal year, under this section, exceed the amount
expended by the State for the same purpose during the same fiscal year,
including the expenditures of forest owners or operators which are
required by State law or which are made in pursuance of the
forest-protection system of the State under State supervision, and the
Secretary of Agriculture, is authorized expenditures on the certificate
of the State forester, the State forester, the State director of
extension, or similar. State official having charge of the cooperative
work for the State that State and private expenditures as provided for
in this Act have been made. In the cooperation extended to the several
States due consideration shall be given to the protection of watersheds
of navigable streams, but such cooperation may, in the discretion of the
Secretary of Agriculture, be extended to any timbered or
forest-producing lands or watersheds from which water is secured for
domestic use or irrigation within the cooperative States.
SEC. 3. The Secretary of Agriculture shall expend such portions of
the appropriations authorized herein as he deems advisable to study
++EP++ the effects of tax laws, methods, and practices upon forest
perpetuation, to cooperate with appropriate officials of the various
States or other suitable agencies in such investigations and in devising
tax laws designed to encourage the conservation and growing of timber,
and to investigate and promote practical methods of insuring standing
timber on growing forests from losses by fire and other causes. % %
PAGE 33 % %
There is authorized to be appropriated annually not more than
$40,000,000 to enable the Secretary of Agriculture to carry out the
provisions of sections 1,2 and 3 of this Act.
SEC. 4. The Secretary of Agriculture is hereby authorized and
directed to cooperate with the various States in the procurement,
production, and distribution of forest-tree seeds and plants, for the
purpose of establishing forests, windbreaks, shelter belts, and farm
wood lots upon denuded or nonforested lands within such cooperating
States, under such conditions and requirements as he may prescribe to
the end that forest-tree seeds or plants so procured, produced, or
distributed shall be used effectively for planting denuded or
nonforested lands in the cooperating States and growing timber thereon.
The amount expended by the Federal Government in cooperation with any
State during any fiscal year for such purposes shall not exceed the
amount expended by the State the same purposes during the same fiscal
year, and the Secretary of Agriculture is authorized to make
expenditures on the certificate of the State official having charge of
the cooperative work for the State that State expenditures as provided
for in this section have been made. There is hereby authorized to be
appropriated to enable the Secretary of Agriculture to carry out the
provisions of this section not more than $1,000,000 for the fiscal year
ending June 30, 1950; $1,500,000 for the fiscal year ending June 30,
1951; $2,000,000 for the fiscal year ending June 30, 1952; and
$2,500,000 for each subsequent fiscal year.)
(To promote the stability of white-pine forest-using industries,
employment, and communities through the continuous supply of white and
sugar-pine timber, the Secretary of Agriculture is authorized in
cooperation with such agencies as he may deem necessary to use such
funds as have been, or may hereafter be made available for the purpose
of controlling white-pine blister rust, by preventing the spread to, and
eliminating white-pine blister rust from, all forest lands, irrespective
of the ownership thereof, when in the judgment of the Secretary of
Agriculture the use of such funds on such lands is necessary in the
control of the white-pine blister rust: Provided, That in the
discretion of the Secretary of Agriculture no expenditures from funds
provided under this authorization shall be made on private or State
lands (except where such lands are intermingled with those which are
federally owned and it is necessary in order to protect the property of
the United States to work on those parts of the private or State-owned
lands that immediately adjoin Federal lands) until a sum, or sums, at
least equal to such expenditures shall have been appropriated,
subscribed, or contributed by State, county, or local authorities or by
individuals or organizations concerned: Provided further, That no part
of such appropriations shall be used to pay the cost or value of
properly injured or destroyed, And provided further, That any plan for
the control and elimination of white pine blister rust on lands owned by
the United States or retained under restriction by the United States for
Indian tribes and for individual Indians shall be subject to the
approval of the Federal agency or Indian tribe having jurisdiction over
such lands, and the Secretary of Agriculture may, in his discretion and
out of any moneys made available under this Act, make allocations to
said Federal agencies in such amounts as he may deem necessary for
white-pine blister-rust control and elimination on lands so held or
owned by the United States, the moneys so allocated to be expended by
said agencies for the purposes specified.) % %
% %
(SEC. 1. In order to protect and preserve forest resources of the
United States from ravages of bark beetles, defoliators, blights, wilts,
and other destructive forest insect pests and diseases, and thereby
enhance the growth and maintenance of forests, promote the stability of
forest-using industries and employment associated therewith, aid in fire
control by reducing the menace created by dying and dead trees injured
or killed by insects or disease, conserve forest cover on water-sheds,
and protect recreational and other values of forests, it shall be the
policy of the Government of the United States independently and through
cooperation with the governments of States, Territories, and
possessions, and private timber owners to prevent, retard, control,
suppress, or eradicate incipient, potential, or emergency outbreaks of
destructive insects and diseases on or threatening, all forest lands
irrespective of ownership.
SEC. 2. The Secretary of Agriculture is authorized either directly or
in cooperation with other departments of the Federal Government, with
any State, Territory, or possession, organization, person, or public
agency, subject to such conditions as he may deem necessary and using
such funds as have been, or may hereafter be, made available for these
purposes, to conduct surveys on any forest lands to detect and appraise
infestations of forest insect pests and tree diseases, to determine the
measures which should be applied on such lands, in order to prevent,
retard, control, suppress, or eradicate incipient, threatening,
potential, or emergency outbreaks of such insect or disease pests, and
to plan, organize, direct, and carry out such measures as he may deem
necessary to accomplish the objectives and purposes of this Act:
Provided, That any operations planned to prevent, retard, control, or
suppress insects or diseases on forest lands owned, controlled, or
managed by other agencies of the Federal Government shall be conducted
with the consent of the agency having jurisdiction over such land.
SEC. 3. The Secretary of Agriculture may, in his discretion and out
of any money made available pursuant to this Act, make allocations to
Federal agencies having jurisdiction over lands held or owned by the
United States in such amounts as he may deem necessary to retard,
control, suppress, or eradicate injurious insect pests or plant diseases
affecting forests on said lands. ++EP++ % %
% %
SEC. 4. No money appropriated to carry out the purposes of this Act
shall be expended to prevent, retard, control, or suppress insect or
disease pests on forest lands owned by persons, associations,
corporations, States, Territories, possessions, or subdivisions thereof
until such contributions toward the work as the Secretary may require
have been made or agreed upon in the form of funds, services, materials
or otherwise.
SEC. 5. There are hereby authorized to be appropriated for the
purposes of this Act such sums as the Congress may from time to time
determine to be necessary, such sums appropriated for fiscal year 1975
and thereafter to remain available until expended. Any sums so
appropriate shall be available for necessary expenses, including the
employment of persons and means in the District of Columbia and
elsewhere, printing and binding, and the purchase, maintenance,
operation, and exchange of passenger-carrying vehicles; but such sums
shall not be used to pay the cost or value of any property injured or
destroyed. Materials and equipment necessary to control, suppress, or
eradicate infestations of forest insects or tree diseases may be
procured without regard to the provisions of section 3709 of the Revised
Statutes (41 U S C 5) under such procedures as may be prescribed by the
Secretary of Agriculture, when deemed necessary in the public interest.
SEC. 6. The provisions of this Act are intended to supplement, and
shall not be construed as limiting or repealing, existing legislation.
SEC. 7. This Act may be cited as the "Forest Pest Control Act".
(SEC. 1. The Secretary of Agriculture is hereby authorized to
cooperate with State foresters or appropriate officials of the several
States, Territories, and possessions for the purpose of encouraging the
States, Territories, and possessions to provide technical services to
private landowners, forest operators, wood processors, and public
agencies, with respect to the multiple-use management and environmental
protection and improvement of forest lands, the harvesting, marketing,
and processing of forest products, and the protection, improvement, and
establishment of trees and shrubs in urban areas, communities, and open
spaces. All such technical services shall be provided in each State,
Territory, or possession in accordance with a plan agreed upon in
advance between the Secretary and the State forester or appropriate
official of the State, Territory, or possession. The provisions of this
Act and the plan agreed upon for each State, Territory, or possession
shall be carried out in such manner as to encourage the utilization of
private agencies and individuals furnishing services of the type
described in this section.
SEC. 2. There is hereby authorized to be appropriated annually, to
enable the Secretary to carry out the provisions of this Act, the sum of
$20,000,000. Apportionment among the participating States,
administrative expenses in connection with cooperative action with such
States, and the amount to be expended by the Secretary to make technical
services available to private persons and agencies, shall be DETERMINED
++EP++ by the Secretary after consultation with a national advisory
board of not less than five State foresters or equivalent officials
selected by a majority of the State foresters or equivalent officials of
all States, Territories, or possessions participating in the program. %
%
% %
The amount paid by the Federal Government to any State, Territory, or
possession for cooperative action in the State, Territory, or possession
shall not exceed during any fiscal year the amount expended by the
cooperating State, Territory, or possession for the same purpose during
the same fiscal year, and the Secretary of Agriculture is authorized to
make such expenditures on the certificate of the appropriate official of
the State, Territory, or possession that the expenditures as herein
provided have been made: Provided, That it is the intent of Congress
that the Secretary may continue to cooperate with persons and private
agencies in furnishing technical forestry services under existing
authority.
SEC. 3. The Act of May 18, 1937 (50 Stat. 188), known as the
Cooperative Farm Forestry Act, is hereby repealed effective June 30,
1951.
SEC. 4. This Act shall be known as the Cooperative Forest Management
Act.)
(SEC. 401. (a) The Congress finds and declares that building up and
maintaining a level of timber growing stocks adequate to meet the
Nation's domestic needs for a dependable future supply of industrial
wood is essential to the public welfare and security; that assisting in
improving and protecting the more than fifty million acres of idle
non-Federal and Federal lands for this purpose would not only add to the
economic strength of the Nation, but also bring increased public
benefits from other values associated with forest cover; and that it is
the policy of the Congress that the Secretary of Agriculture in order to
encourage, promote, and assure fully adequate future resources of
readily available timber should assist the States in undertaking needed
programs of tree planting.
(b) Any State forester or equivalent State official may submit to the
Secretary of Agriculture a plan for forest land tree planting and
reforestation for the purpose of effecting the policy hereinbefore
stated.
(c) When the Secretary of Agriculture has approved the plan, he is
authorized and directed to assist the State in carrying out such plan,
which assistance may include giving of advice and technical assistance
and furnishing financial contributions: Provided, That, for the
non-Federal forest land tree planting and reforestation, the financial
contribution expended by the Federal Government during any fiscal year
to assist the State to carry out the plan shall not exceed the amount
expended by the State for the same purposes during the same fiscal year,
and the Secretary of Agriculture is authorized to make financial
contributions on the certificate of the State official in charge of the
administration of the plan as to the amount of expenditures made by the
State.
(d) In any plan that coordinates forest lands under the jurisdiction
of any Federal agency other than the Department of Agriculture, the
++EP++ Secretary of Agriculture shall obtain the cooperation and
assistance of the Federal agency having jurisdiction and the appropriate
State forester in the approval and carrying out of the plan. % %
% %
(e) The Secretary of Agriculture may prescribe such rules and
regulations as may be appropriate to carry out the purposes of this
section.
(f) There are authorized to be appropriated such sums as may be
necessary to carry out the objects of this section, such sums to remain
available until expended.)
(SEC. 401. In order to shield human and natural resources, financial
investments, and environmental quality from losses due to fires in
unprotected or poorly protected rural areas there is a need to
strengthen and synergize Federal, State, and local efforts to establish
an adequate protection capability wherever the lives and property of
Americans are endangered by fire in rural communities and areas. The
Congress hereby finds that inadequate fire protection and the resultant
threat of substantial losses of life and property is a significant
deterrent to the investment of the labor and capital needed to help
revitalize rural America, and that well-organized, equipped, and trained
firefighting forces are needed in many rural areas to encourage and
safeguard public and private investments in the improvements and
development of areas of rural America where organized protection against
losses from fire is lacking or inadequate. To this end, the Secretary
of Agriculture is authorized and directed to provide financial,
technical, and other assistance to State foresters or other appropriate
officials of the several States in cooperative efforts to organize,
train, and equip local forces, including those of Indian tribes on
Federal and State reservations or other federally recognized Indian
tribal groups to prevent, control, and suppress fires threatening human
life, livestock, wildlife, crops, pastures, orchards, rangeland,
woodland, farmsteads, or other improvements, and other values in rural
areas as defined in section 306(a) (7) of the the Consolidated Farm and
Rural Development Act.
SEC. 402. The Secretary shall carry out this title in accordance with
cooperative agreements, made with appropriate State officials which
include such terms and conditions as the Secretary deems necessary to
achieve the purposes of this title. No such agreement shall provide for
financial assistance by the Secretary under this title in any State
during any fiscal year in excess of 50 per centum of the budgeted
expenditures or the actual expenditures, whichever is less, of the
undertaking of such agreement for such year, including any expenditures
of local public and private non-profit organizations, including Indian
tribal groups, participating in the activities covered by the agreement.
Payments by the Secretary under any such agreement may be made on the
certificate of the appropriate State officials that the expenditures
provided for under such agreement have been made.
SEC. 403. -- The Secretary of Agriculture shall submit to the
President within two years after the date of enactment of this title a
written report detailing the contribution of the rural fire protection
program toward achieving the purposes of this title. The Secretary
shall also include in such report such recommendations regarding the
++EP++ rural fire protection program as he deems appropriate. % %
% %
The President shall transmit the report to the Congress for review
and appropriate action.
SEC. 40. -- There is authorized to be appropriated to carry out the
provisions of this title $7,000,000 for each of three consecutive fiscal
years beginning with the fiscal year for which funds are first
appropriated and obligated by the Secretary of Agriculture carrying out
this title.)
(SEC. 1009. (a) In furtherance of the purposes of this title, the
Secretary of Agriculture is authorized and directed to develop and carry
out a forestry incentives program to encourage the development,
management, and protection of nonindustrial private forest lands. The
purposes of such a program shall be to encourage landowners to apply
practices which will provide for the afforestation of suitable open
lands and reforestation of cutover and other nonstocked and under
stocked forest lands and intensive multiple-purpose management and
protection of forest resources so as to provide for production of timber
and related benefits.
(b) For the purposes of this section, the term 'non-industrial
private forest lands' means lands capable of producing crops of
industrial wood and owned by any private individual, group, association,
corporation, or other legal entity. Such term does not include private
entities which regularly engage in the business of manufacturing forest
products or providing public utilities services of any type, or the
subsidiaries of such entities.
(c) The Secretary shall consult with the State forester or other
appropriate official of the respective States in the conduct of the
forestry incentives program under this section, and Federal assistance
shall be extended in accordance with section 1003 (b) of this title.
The Secretary shall for the purposes of this section distribute funds
available for cost sharing among and within the States only after
assessing the public benefit incident thereto, and after giving
appropriate consideration to the number and acreage of commercial forest
lands, number of eligible ownerships in the State, and counties to be
served by such cost sharing; the potential productivity of such lands;
and the need for reforestation, timber stand improvement, or other
forestry investments on such land. No forest incentives contract shall
be approved under this section on a tract greater than five hundred
acres, unless the Secretary finds that significant public benefit will
be incident to such approval.
(d) The Secretary may, if he determines that such action will
contribute to the effective and equitable administration of the program
established by this section, use an advertising and bid procedure in
determining the lands in any area to be covered by agreements.
(e) In implementing the program under this section, the Secretary
will cause it to be coordinated with other related programs in such a
manner as to encourage the utilization of private agencies, firms, and
individuals furnishing services and materials needed in the application
++EP++ of practices included in the forestry incentives improvement
program. % %
% %
The Secretary shall periodically report to the appropriate
congressional committees of the progress and conduct of the program
established under this section.)
SEC. 1010. There are hereby authorized to be appropriated annually
such sums as may be necessary to carry out the provisions of this title.
The programs, contracts, and authority authorized under this title
shall be in addition to, and not in substitution for, other programs in
such areas authorized by this or any other title or Act, and shall not
expire with the termination of any other title or Act (:Provided, that
not more than $25,000,000 annually shall be authorized to be
appropriated for the programs authorized under section 1009 of this
Act).
SEC. 8
(c) For the purpose of providing information that will aid Congress
in its oversight responsibilities and improve the accountability of
agency expenditures and activities, the Secretary of Agriculture shall
prepare an annual report which evaluates the component elements of the
Program required to be prepared by section 4 of this Act which shall be
furnished to the Congress at the time of submission of the annual fiscal
budget commencing with the third fiscal year after the enactment of this
Act. With regard to the research component of the program, the report
shall include, but not be limited to, a description of the status of
major research programs, significant findings, and how these findings
will be applied in National Forest System management and in cooperative
forest programs. With regard to the cooperative forestry assistance
component of the program, the report shall include, but not be limited
to, a description of the Status, accomplishments, needs and work
backlogs for the programs and activities conducted under the authority
of the cooperative Forestry Assistance Act of 1978. ++EP++
HRP HOUSE REPORT
780515 (PART 1 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
TEXT OF REPORT (PAGE 1)
% %
% %
The Committee on Agriculture, to whom was referred the bill (H.R.
11778), to authorize and direct the Secretary of Agriculture to carry
out forest and rangeland renewable resources research, to provide
cooperative assistance for such research to States and others, and for
other purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do pass.
The amendment is as follows, ++EP++
HRP HOUSE REPORT
HBR HOUSE BILL REPORTED
780515 (PART 2 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778 (BILL TEXT OMITTED. SEARCH IN BILL FILE.)
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 9PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
TEXT OF BILL (PAGES 1 TO 5)
% %
% %
Page 1, line 3, strike out all after the enacting clause and insert
in lieu thereof the following,
HRP HOUSE REPORT
780515 (PART 3 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778, HR 8621, HR 802
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
BRIEF EXPLANATION OF THE LEGISLATION, PURPOSE AND NEED FOR THE
LEGISLATION (PAGES 5 TO 7)
% %
% %
This bill (H.R. 11778) repeals and replaces the McSweeney-McNary Act
of 1928 and the provision authorizing acceptance of donations for the
purpose of establishing forest research facilities contained in the
Department of Agriculture Appropriation Act for 1952. In brief summary
the bill would,
(1) Authorize the Secretary of Agriculture to conduct a
comprehensive program of renewable resources research in five
major areas, namely: management, environment, resources
protection, resource utilization, and resource assessment,
(2) Incorporate section 9 of the McSweeney-McNary Act which
authorizes a continuing survey and analysis of the condition,
demand for and supply of renewable resources to provide data for
the decennial Assessment required by section 3 of the Forest and
Rangeland Renewable Resources Planning Act, but remove the $20
million annual authorization ceiling,
(3) Expand authority for accepting and using of gifts,
donations, and bequests of money and other property for research
purposes,
(4) Expand authority for cooperating in research with others in
foreign countries beyond the mere collection, investigation and
testing of foreign woods,
(5) Authorize a new program of competitive grants specifically
for renewable resources research,
(6) Respond to special oversight report No. 2 of the
Subcommittee on Science, Research and Technology and the
Subcommittee on Domestic and International Scientific Planning and
Analysis of the House Committee on Science and Technology,
(7) Provide that appropriated funds shall remain available
until expended: and
(8) Require the Secretary by regulation to coordinate
activities under this Act with those under title XIV of the Food
and Agriculture Act of 1977. ++EP++
% %
% %
The bill (H.R. 11778) authorizes the Secretary of Agriculture to
conduct a comprehensive program of forest and rangeland renewable
resources research to meet the Nation's growing requirements for such
resources. This legislation is needed to revise the now outdated
McSweeney-McNary Act of May 22, 1928, to expressly recognize the need
for research with respect to all of the renewable resources of our
forests and rangelands in line with the national policy expressed in the
Forest and Rangeland Renewable Resources Planning Act of 1974 and
reaffirmed in the National Forest Management Act of 1976.
Our demands upon these resources have markedly increased over the
past fifty years and a stronger, more comprehensive renewable resources
research program is needed to ensure their effective management. The
bill is responsive to recommendations made after special oversight
review of agricultural research by the Subcommittee on Science, Research
and Technology and the Subcommittee on Domestic and International
Scientific Planning and Analysis of the Committee on Science and
Technology. See Special Oversight Report No. 2 by the Subcommittee on
Science, Research and Technology, and the Subcommittee on Domestic and
International Scientific Planning and Analysis of the Committee on
Science and Technology, U.S. House of Representatives, 94th Congress,
2nd Sess., Serial QA.
H.R. 11778, which supersedes H.R. 8621, represents a major effort on
the part of two Federal agencies, the Forest Service and Extension
Service, and ten private organizations: the American Forestry
Association, the Association of State College and University Forestry
Research Organizations, the Council of Forestry School Executives, the
Extension Committee on Organization and Policy of the National
Association of State Universities and Land-Grand Colleges, the National
Audubon Society, the National Association of State Foresters, the
National Forest Products Association, the National Wildlife Federation,
the Society of American Foresters, and the Wildlife Management
Institute.
The initial draft of the bill was prepared by the Forest Service in
response to request for the agency's drafting service by Senator Herman
E. Talmadge, Chairman of the Senate Committee on Agriculture, Nutrition,
and Forestry. The draft was refined by an "Areas of Agreement"
committee under the auspices of the American Forestry Association and a
greatly revised version of the initial draft was introduced as H.R. 8021
on June 24, 1977, by Congressman Jim Weaver, Chairman of the
Subcommittee on Forests. A comparable Senate bill was introduced by
Senator Patrick J. Leahy on February 10, 1978. H.R. 8021 was, in turn,
revised after extensive hearings and mark-up by the Subcommittee on
Forests and reintroduced by Mr. Weaver on March 22, 1978 as H.R. 11778.
The purpose and effect of the bill is perhaps best summarized in
testimony before the Subcommittee on Forests by M. Rupert Cutler.
Assistant Secretary of Agriculture for Conservation, Research and
Education who said,
H.R. 8021 (predecessor to H.R. 11778) would preserve the sound
statutory base of the McSweeney-McNary Act but provide updated,
clearer, more specific language as a basis for ++EP++
a long term, comprehensive forestry research program. % %
% %
"In addition to the overall modernizing and clarifying effect,
H.R. 8021 would benefit Federal forestry research in several ways.
First, the bill would place special emphasis on the need for
increased cooperation and coordination among Federal and State
agencies, universities, private interests, and other groups in
forestry research.
"Second by authorizing competitive grants for forest and
rangeland, H.R. 8021 would help improve the quality of forestry
research programs by encouraging all qualified scientists to
participate.
"Third, H.R. 8021 would clarify some of the 'gray areas' of our
current forestry research authority. For example, H.R. 8021
would make clear that fish, esthetics, recreation, and wilderness
are resources for which forestry research is to be conducted, and
that the scope of forestry research extends to rural, suburban,
and urban areas.
"Fourth, the bill would strengthen international forestry
research and development programs with Canada, Mexico, Latin
American, and other countries. This will help increase our
understanding of world trade in wood and wood products, improve
our control of insects, disease, and plant pests introduced in the
United States, and lead to more rapid adoption, worldwide, of
forestry technology.
"These are only a few of the more significant benefits that we
in the Department believe enactment of H.R. 8021 would bring."
++EP++
HRP HOUSE REPORT
780515 (PART 4 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
SECTION-BY-SECTION ANALYSIS (PAGES 7 TO 9)
% %
% %
Section 1 provides that this Act may be cited as the "Forest and
Rangeland Renewable Resources Research Act of 1978".
Section 2 declares it to be the purpose of this Act to authorize the
Secretary of Agriculture to carry out a comprehensive program of forest
and rangeland renewable resources research. This Act shall be deemed to
complement the Forest and Rangeland Renewable Resources Planning Act of
1974.
Section 3 authorizes the Secretary to conduct, support, and cooperate
in forest and rangeland renewable resources affecting rural, suburban
and urban areas in five major categories.
(1) Management research including management for timber,
forage, water, fish and wildlife, esthetics, recreation, and
wilderness,
(2) Enviromental research, including suburface water flow,
erosion, wildlife and fish habitats, and management of vegetation
to reduce air and water pollution,
(3) Protection research, including protection of forest and
rangeland resources and wood and wood products from fire, insects,
diseases, noxious plants, animals, air pollutants, and rural fire
fighting and protection, ++EP++
% %
% %
(4) Utilization research, including harvesting, processing,
marketing, and utilizing wood and other resources including
recycling of wood fibers; and
(5) Assessment research, including application of research and
technology needed to support the national survey of forest and
rangeland renewable resources.
In addition, section 3 incorporates section 9 of the McSweeney-McNary
Act, as amended, which requires the Secretary of Agriculture to make and
keep current a comprehensive survey and analysis or inventory of the
availability and demand for renewable resources of the forests and
rangelands of the United States.
Section 4 authorizes the Secretary to establish and mantain a system
of experiment stations and other forest and rangeland research
facilities. He is further authorized to accept, hold and administer
gifts and donations which, in the case of money, shall be deposited in
the Treasury in a special fund from which appropriations shall be made
which shall remain available until expended. The Secretary is further
authorized to cooperate with Federal, State, and other governmental
agencies, public or private agencies, institutions or individuals in the
United States or in other countries. He is authorized to receive money
or other contributions from such coopertors.
Section 5 authorizes the Secretary to make competitive research
grants to Federal, State, and other governmental agencies, or to public
or private institutions, universities, or individuals in the United
States which will further the research activities authorized by this
Act.
Section 6 contains a series of general administrative provisions, as
follows,
(1) The Secretary is authorized to make advances of funds to
cooperators without regard to the provisions of 31 U.S.C. 529,
(2) The Secretary must coordinate cooperative aid and grants
with aid or grants which he makes under other authority,
(3) The Secretary is required to cooperate with other Federal
agencies, State agricultural experiment stations, State extension
services, State foresters, forestry schools and private research
organizations,
(4) The Secretary is required to seek the best available
scientific talent, whether or not it is in the field of
agriculture and forestry, avoid duplication, assure a proper
mixture of basic, applied short-term and long-term research, and
provide incentives such as international exchange of scientists to
improve the quality of forest and rangeland research,
(5) This Act shall be considered as supplementing and not
limiting or repealing any existing statutes, except those
specifically repealed in this Act; and
(6) For purpose of this Act the terms "United States" and
"State" are defined to include the several States, District of
Columbia, Commonwealth of Puerto Rico, Commonwealth, of the
Northern Mariana Island, the Trust Territory of the Pacific
Islands, and the territories and possessions of the United States.
Section 7 authorizes appropriation of such sums as may be needed to
carry out this Act and funds appropriated shall remain available until
expended. ++EP++ % %
% %
Section 8 repeals the McSweeney-McNary Act and that portion of the
Department of Agriculture Appropriation Act of 1952 which authorizes the
Secretary of Agriculture to accept gifts to establish a forest research
facility in the United States. This section also authorizes the
Secretary to issue rules and regulations needed to carry out this Act
and to coordinate with title IV of the Food and Agriculture Act of 1977.
Section 9 provides that this Act shall become effective on October 1,
1978. ++EP++
HRP HOUSE REPORT
780515 (PART 5 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778, HR 8021
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
COMMITTEE CONSIDERATION (PAGES 9 TO 10)
% %
% %
During 1977, the Subcommittee on Forests held extensive oversight
hearings at five locations in the United States on the implemenation by
the Forest Service of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (Implementation of Resources Planning Act, Hearings
before the Subcommittee on Forests of the Committee on Agriculture,
House of Representatives, 95th Congress, 1st Session, Ser. No. 95-II).
Hearings were held at Portland, Oregon; Couer d'Alene, Idaho; Hot
Springs, Arkansas; Warren, Pennsylvania; and twice at Washington, D.C.
During these hearings, many witnesses took the opportunity to testify on
the bill (H.R. 8021), predecessor to the present bill (H.R. 1178).
Thirty-three witnesses testified in support of the bill and none in
opposition. Many of them made editorial and other suggestions for its
improvement.
The witnesses included the State foresters or other representatives
of eight States, and representatives of sixteen academic or research
institutions, five industry groups, two enviromental or conservation
groups, and two natural resource professional organizations. They
testified generally that current Forest Service research authority is
provided principally by the McSweeney-McNary Act which is now fifty
years old and needs revision to meet current research needs. A number
of witnesses supported the need for a competitive grants provision,
specifically for forest and rangeland renewable resources research, to
give the Forest Service access to the best scientific knowledge and
capabilities available. There was considerable support also for
authorization for all research involving renewable resources, for
broadening authority to cooperate with foreign countries and for
deletion of obsolete authorizations and strictures on location of
forestry research facilities.
The Subcommittee on Forests held a hearing on H.R. 8021 on February
2, 1978 (Cooperative Assistance, Research, and Extension Legislation,
Hearing before the Subcommittee on Forests of the Committee on
Agriculture, House of Representatives, 95th Congress, 2d session, Ser.
No. 95-PP). This legislation was supported by several witnesses,
including M. Rupert Cutler, Assistant Secretary of Agriculture for
Conservation, Research, and Education, whose testimony is outlined
above. A number of amendments were suggested virtually all of which
have been included in the bill as reported by the Committee. ++EP++ % %
% %
The Subcommittee on Forests met in business session on March 1, 1978,
to consider the bill, H.R. 8021, an earlier version of H.R. 1178. The
Subcommittee staff had prepared for the Subcommittee's consideration a
revised print of the bill, incorporating a number of editorial changes
and an amendment which had been urged at the hearings. The Chairman of
the Subcommittee, Mr. Weaver, offered the print as an amendment in the
nature of a substitute and requested the staff to explain it to the
Subcommittee. The staff explained that the bill (H.R. 8021) had been
drafted as an amendment to the Forest and Rangeland Renewable Resources
Planning Act of 1974. The principal amendment effected by the
Subcommittee print was to change the legislation to a separate
free-standing statute.
After a brief discussion during which it was ascertained that the
Administration favored the revised print of the bill, the Subcommittee,
on motion of the Chairman, Mr. Weaver, ordered the bill as revised in
the Subcommittee print reported favorably to the full Committee.
The Subcommittee further instructed the Chairman to introduce the
Subcommittee print as reported as a clean bill for consideration by the
full Committee. The Chairman, Mr. Weaver, did so on March 22, 1978, and
the clean bill bears the number H.R. 11778.
The Committee on Agriculture met in business session on Thursday,
April 27, 1978, to consider the bill, H.R. 11778. The Chairman of the
Subcommittee on Forests, Mr. Weaver, briefly explained the provisions of
the bill and then offered for the Committee's consideration a series of
technical and editorial amendments. The amendments were agreed to.
Mr. Baldus then offered an amendment which was intended to permit the
Forest Service to invest and use the income from a bequest for which it
does not presently have authority. The amendment also contained
language which purported to appropriate the money in the fund. While
the Committee approved the purpose of the amendment, objection was taken
to investment of the funds and to the apparent appropriation language.
After some discussion, Mr. Baldus withdrew his amendment to permit the
Committee staff to redraft it in consultation with the staff of the
Appropriations Committee. The Committee then ordered the bill (H.R.
11778), as amended, reported favorably to the House by a rollcall vote
of 35-0 in the presence of a quorum.
Subsequently, on May 2, 1978, the Committee reconsidered the bill,
H.R. 11778, and, on motion of Mr. Ammerman, agreed to a revised version
of the Baldus amendment which had been drafted by the staff of the
Committee in consultation with the Forest Service and the staff of the
Appropriations Committee. Thereupon the Committee by voice vote, in the
presence of a quorum, again ordered the bill, H.R. 11778, as amended,
reported to the House with a recommendation that it do pass. ++EP++
HRP HOUSE REPORT
780515 (PART 6 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778, HR 8021
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
ADMINISTRATION POSITION WITH 1 LETTER EMBEDDED, RECOMMENDED
AMENDMENTS, CURRENT AND FIVE SUBSEQUENT FISCAL YEAR COST ESTIMATE,
INFLATIONARY IMPACT STATEMENT, BUDGET ACT COMPLIANCE WITH 1 LETTER
EMBEDDED, OVERSIGHT STATEMENT (PAGES 11 TO 17)
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% %
The Committee received the following report on H.R. 11778 from the
United States Department of Agriculture,
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture,
House of Representatives,
Washington, D.C.
Dear Mr. CHAIRMAN: As you requested, here is our report on H.R.
11778, a bill "To authorize and direct the Secretary of Agriculture to
carry out forest and rangeland renewable resources research, to provide
cooperative forest resources assistance for such research to States and
others, and for other purposes."
The Department of Agriculture recommends that H.R. 11778 be enacted
with the clarifying and technical amendments suggested herein.
H.R. 11778 would provide a revised comprehensive authority for forest
and rangeland research within the Department of Agriculture. Our
current forestry research authority, the McSweeney-McNarry Act of 1928
(45 Stat. 699, as amended; 16 U.S.C. 581, 581a, 581b-581i), would be
repealed. The bill would authorize the appropriation of such sums as
might be needed, and money appropriated would remain available until
expended.
The text of this legislation evolved early in 1977 as representatives
of forestry schools, conservation organizations, forest industries,
State forestry agencies, State extension services, and others worked
together to develop a bill which would update the 50-year-old authority
now provided by the McSweeney-McNary Act. Much of the effort to reach
an agreement among diverse interests was coordinated by an "areas of
agreement" committee sponsored by the American Forestry Association and
by a task force appointed by the Society of American Foresters.
Representatives of the Forest Service, the Cooperative State Research
Service, and the Extension Service participated in many of the
discussions which led to the proposed legislation. As this legislation
has evolved, we believe a strong consensus of agreement has developed
supporting its enactment.
Assistant Secretary of Agriculture M. Rupert Cutler testified in
support of H.R. 8021, the predecessor to this bill, before the
Subcommittee on Forests on February 2, 1978. The Assistant Secretary
testified in support of the enactment of H.R. 8021 with a number of
amendments. Our specific amendments are contained in our report to you
on H.R. 8021, dated March 10, 1978. We are pleased that the
Subcommittee adopted our amendments in reporting the new bill, H.R.
11778.
H.R. 8021 was structured primarily as a new title to the Forest and
Rangeland Renewable Resources Planning Act of 1971 (88 Stat. 476, as
amended). H.R. 11778 is proposed as a separate authority without
amending the Resources Planning Act. We have no objection to this
approach; however, because of the strong relationship of H.R. 11778 to
the Resources Planning Act, we recommend that the present text of
section 2 of H.R. 11778 be redesignated subsection (a) and a new
subsection (b) be added as follows, ++EP++ % %
% %
"(b) This Act shall be deemed to complement the policies and
direction set forth in the Forest and Rangeland Renewable
Resources Planning Act of 1974 (88 Stat. 476, as amended)."
H.R. 11778 would not of itself require an increase in forestry
research expenditures for the Department of Agriculture, because the
existing authorization for the appropriation of such sums as may be
needed would be continued. Although the existing authorization ceiling
of $20 million annually for the forest survey would be eliminated, that
change would not necessarily require a change in expenditures for the
forest survey.
The enclosed supplemental statement summarizes the clarifications and
other improvements in our authority to conduct forest and rangeland
renewable resources research which would result from the enactment of
H.R. 11778. The statement also includes a number of technical
amendments.
The Office of Management and Budget advises that there is no
objection to the presentation of this report, and that enactment of H.R.
11778 would be consistent with the Administration's objectives.
Sincerely,
/s/BOB BERGLAND,
Secretary.
Enclosure.
H.R. 11778 relies heavily upon many basic provisions of the McSweeney
McNary Act (45 Stat. 699, as amended; 16 U.S.C. 581, 581a, 581b-581i)
which has provided the authority for in-house forestry research within
the Department of Agriculture since 1928. Although the McSweeney-McNary
Act has generally served very well, the past 50 years have brought
changes in forestry research needs that are not adequately reflected in
the 1928 Act. H.R. 11778 contains updated, clearer and more specific
language that would provide the basis for a long-term, comprehensive
forestry research program.
Special emphasis is correctly placed on the need for increased
coordination and cooperation among Federal, State, private, and other
groups involved in forestry research.
The Secretary of Agriculture would be authorized to carry out a
comprehensive program of forest and rangeland renewable resources
research and research dissemination that would include, but not be
limited to, five major areas: (1) Renewable resource management
research, (2) Renewable resource environmental research, (3) Renewable
resource protection research, (4) Renewable resource utilization
research, and (5) Renewable resource assessment research. The bill
outlines specific subjects and activities which could be included within
each of the five major areas.
Here are examples of the clarifications that would result from the
bill. ++EP++ % %
% %
1. While the McSweeney-McNary Act speaks to "obtaining the fullest
and most effective use of forest lands," the bill speaks to "protecting,
managing and utilizing forest and rangeland renewable resources in
rural, suburban, and urban areas." (Lines 9 11, page 2)
2. While not specifically mentioned in the McSweeney-McNary Act, the
bill makes it clear that fish, esthetics, recreation, and wilderness are
additional resources for which forest and rangeland research is
conducted. (Lines 20 21, page 2)
3. While the McSweeney-McNary Act authorizes studies of the
"relationship of weather conditions to forest fires," the bill would
authorize activities related to "understanding, predicting, and
modifying weather, climatic, and other environmental conditions that
affect the protection and management of forest and rangelands." (Lines
12-15, page 3)
4. While the McSweeney-Mcnary Act authorizes studies of "forest
insects, forest trees diseases and wood decay," the bill includes
"noxious plants, animals, air pollutants, and other agents" within the
scope of resource protection research. (Line 20-21, page 3)
5. While the McSweeney-McNary Act speaks to "protecting timber and
other forest growth from fire," the bill speaks to "protecting people,
natural resources, and property from fires in rural areas." (Lines
23-25, page 3)
6. While the McSweeney-McNary Act authorizes a survey and analysis
of forest and rangeland renewable resources, it does not, as the bill
would do, authorize research into the survey and analysis process
itself. (Lines 8-13, page 4)
Subsection 3 (b) would carry forward in the new legislation the
authority for a comprehensive survey and analysis as now contained in
the McSweeney-McNary Act as amended in 1974 (45 Stat. 702 as amended, 16
U.S.C. 581h).
The Secretary would be authorized to establish and maintain a system
of experiment stations, experimental areas, and other forest and
rangeland research facilities. Although the McSweeney-McNary Act
contains a list of authorized experiment stations, the Act also provides
that the station are to be maintained at the discretion of the
Secretary. Thus, the first sentence of section 4(a) would simplify
existing law without changing its basic effect. (Lines 11-17, page 5)
The Secretary could acquire land or interests in land needed for the
research program. A similar authority in the McSweeney-McNary Act
applies only to the authorization for a Great Plains Forest Experiment
Station. This authority would be desirable although it would probably
be little used since most Forest Service research facilities are, and
will continue to be on existing Federal land or on land owned by
universities and other cooperators. The bill would clearly authorize
the use of donated funds for land acquisition and the acceptance of
donated land. (Lines 17-23, page 5)
The Secretary could also accept, hold, and administer "gifts,
donations, and bequests" to establish or operate forest and rangeland
research facilities and carry out research activities. This provision
would extend the authority in the Act of August 31, 1951 (65 Stat. 233;
16 U.S.C. 581a 1), which authorizes the acceptance of "funds" for the
same purposes. (Lines 24-25, page 5 and lines 1-6, page 6). ++EP++ % %
% %
While the McSweeney-McNary Act restricts foreign cooperations to the
collection, investigation, and testing of foreign woods, the bill would
authorize full cooperation with others in the United States and in other
countries. This provision would strengthen existing cooperative
relationships and clarify the Secretary's authority to participate in
cooperative forestry research activities in other countries. (Lines
10-14, page 6)
The Secretary could continue to accept money and other contributions
from cooperators. (Lines 14-16, page 6)
In addition to more general granting authorities, the Secretary would
be specifically authorized to make competitive grants to further forest
and rangeland renewable resources research. This provision would and
flexibility by encouraging the timely and coordinated involvement of
highly qualified scientists as needed to work on particular research
opportunities. The Secretary could call upon top scientists, in other
government agencies, in private industries and institutions, at
universities, or as individuals to carry out activities on an ad hoc
basis that would supplement research conducted in-house by the Forest
Service. (Lines 5-18, page 7)
While the grants would be of a competitive nature, more than dollar
cost would be considered. Thus, the Secretary could consider
qualitative, administrative, and other factors he deemed necessary. He
could also reject all grant proposals if he determined it in the public
interest to do so. (Lines 18-21, page 7)
This section contains several general guidelines and policies that
the Secretary would be required to follow. Many of the concepts
expressed in this section appear to respond to the findings and
recommendations of the House Committee on Science and Technology during
the 94th Congress. The Committee report, issued as a committee print in
August 1976, resulted from the Special Oversight Review of Agricultural
Research and Development held in 1975.
In addition to authorizing the advance of funds to cooperators,
directing the dissemination of knowledge developed, and requiring close
coordination of cooperative aid and grant programs, the bill includes
desirable policy guidelines related to (1) using the best available
scientific skills from a wide variety of disciplines; (2) properly
mixing short-term and long-term research and basic and applied research;
(3) avoiding unnecessary duplication and coordinating forest and
rangeland research; and (4) improving the professional and scientific
quality of forest and rangeland research. (Line 4, page 8 to line 17,
page 9)
The Secretary would be directed to coordinate his activities within
USDA and with other Federal agencies, State agricultural experiment
stations, State extension services, State Foresters or equivalent State
officials, forestry schools, and private research organizations. (Lines
5-11, page 9) ++EP++ % %
% %
This section would authorize the appropriation of such sums as may be
needed, and money appropriated would be available until expended.
Currently, under the McSweeney-McNary Act, generally there are no
authorization ceilings, but funds are available only during the year for
which they are appropriated. The "no-year" provision would increase the
Secretary's ability to plan for and fund long-term research projects,
and to respond more quickly to unforeseen research needs. (Lines 4-8,
page 8)
This section would repeal the McSweeney-McNary Act of 1928 as amended
in its entirety upon issuance of new regulation under this Act. The
Secretary would also be authorized to provide for coordination with
title XIV of the Food and Agriculture Act of 1977.
1. Clarify relationship to Forest and Rangeland Renewable Resources
Planning Act of 1974.
Redesignate section 2 as subsection 2(a). Line 5, page 1) New
subsection (b) to be added as follows: "(b) This Act shall be deemed to
complement the policies and direction set forth in the Forest and
Rangeland Renewable Resources Planning Act of 19744 (88 Stat. 476, as
amended)."
2. Remove duplication in appropriation authorization authority.
Section 7 is the appropriation authorization authority for the entire
Act. Section 3 (b) contains a specific appropriation authorization
authority for the forest survey. To avoid duplication, we recommend
that this latter authorization authority, contained in the last sentence
of section 3 (b) be delated. (Lines 9-12, page 5)
3. Clarify effect on other laws.
In section 6 (e) after the word "Secretary" insert the phrase,
"except as specifically cited in this Act." (Line 21, page 9)
4. Replace reference to title with reference to Act. Delete the
word"title" and insert the word "Act" as follows, Page5, lines 24, 21,
and 24; page 6, lines 6, 10 and 21; page 7, line 14; and page 10,
lines 6 and 8.
5. Minor word corrections. (1) page 8, line 18 to read "section and
with othera." (2) page 9, line 10 to read "or equivalent State
officials, forestry schools, and private."
Pursuant to clause 7 of rule XIII of the Rules of the House of
Representatives, the Committee estimates that there would be no
significant cost to the Government incurred as a result of enactment of
H.R. 11778, as amended. The same cost estimate was furnished to the
Committee by the United States Department of Agriculture and the
Congressional Budget Office. ++EP++ % %
% %
Pursuant to clause 2 (1) (4) of rule XI of the Rule of the House of
Representatives, the Committee estimates that enactment of H.R. 11778,
as amended will have no inflationary impact on the national economy.
The provisions of clause 2 (1) (3) (B) of rule XI of the Rules of the
House of Representatives and section 308 (a) of the Congressional Budget
Act of 1974 (relating to estimates of new budget authority of new or
increased tax expenditures) are not considered applicable. The estimate
and comparison prepared by the Director of the Congressional Budget
Office under clause 2 (1) (3) (C) of rule XI of the Rules of the House
of Representatives and section 403 of the Congressional Budget Act of
1974 submitted to the Committee prior to the filing of this report are
as follows,
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, U.S. House of Representatives,
1301 Longworth House Office Building, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has reviewed H.R.
11778, the Forest and Rangeland Renewable Resources Research Act of
1978, as ordered reported by the House Committee on Agriculture, April
27, 1978.
Based on this review, it appears that no significant cost to the
government would be incurred as a result of enactment of this bill.
However, the bill removes the existing $20 million ceiling on
appropriations for forest survey, and thereby makes it possible that a
higher level of funding may be provided at some point in time.
Sincerely,
/s/ROBERT A. LEVINE,
Deputy Director.
No summary of oversight findings and recommendations made by the
Committee on Government Operations under clause 4 (c) (2) of rule X of
the Rules of the House of Representatives was available to the Committee
with reference to the subject matter specifically addressed by H.R.
11778, as amended.
The Subcommittee on Forests of the Committee on Agriculture conducted
oversight hearings with respect to implementation of the Forest and
Rangeland Renewable Resources Act of 1974 during which testimony in
support of this legislation was adduced. Implementation of Resources
Planning Act. Hearings before the Subcommittee on Forests of the
Committee on Agriculture, U.S. House of Representatives, ++EP++ 95th
Congress, 1st Session, Serial No. 95-11. % %
% %
See also Special Oversight Review of Agricultural Research and
Development, report by the Subcommittee on Domestic and International
Scientific Planning and Analysis of the Committee on Science and
Technology, U.S. House of Representatives, 94th Congress, 2d Session,
Serial QQ. ++EP++
HRP HOUSE REPORT
780515 (PART 7 OF 7)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11778
HR REP 95-1179
95TH CONG, 2ND SESS
78-H163-4
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 20)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1287 TO 1306)
CHANGES IN EXISTING LAW, MCSWEENEY-MCNARY ACT (PAGES 17 TO 20)
% %
% %
In compliance with clause 3 of rule XIII of the Rules of the House of
Representatives, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, and existing law in which no
change is proposed is shown in roman),
(SEC. 1. The Secretary of Agriculture is hereby authorized and
directed to conduct such investigations, experiments, and tests as he
may deem necessary under sections 2 to 10, inclusive, in order to
determine, demonstrate, and promulgate the best methods of reforestation
and of growing, managing, and utilizing timber, forage, and other forest
products, of maintaining favorable conditions of water flow and the
prevention of erosion, of protecting timber and other forest growth from
fire, insects, disease, or other harmful agencies, of obtaining the
fullest and most effective use of forest lands, and to determine and
promulgate the economic considerations which should underlie the
establishment of sound policies for the management of forest land and
the utilization of forest products: Provided, That in carrying out the
provisions of this Act the Secretary of Agriculture may cooperate with
individuals and public and private agencies, organizations, and
institutions, and, in connection with the collection, investigation, and
tests of foreign woods, he may also cooperate with individuals and
public and private agencies, organizations; and institutions in other
countries; and receive money contributions from cooperators under such
conditions as he may impose, such contributions to be covered into the
Treasury as a special fund which is hereby approriated and made
available until expended as as the Secretary of Agriculture may direct,
for use in conducting the activities authorized by this Act, and in
making refunds to contributors: Provided further, That the amounts
specified in sections 2, 3, 4, 5, 6, 7, 8, and 10 of this Act are
authorized to be appropriated up to and including the fiscal year 1938,
and such annual appropriations as may thereafter be necessary to carry
out the provisions of said sections are hereby authorized, Provided
futher, That during any fiscal year the amounts specified in sections 3,
4, and 5 of this Act making provision for investigations of forest tree
and wood diseases, forest insects, and forest wild life, respectively,
may be exceeded to provide adequate funds for special research required
to meet ainy serious public emergency relating to epidenmics: And
provided further, That the provisions of this Act shall be construed as
supplementing all other Acts relating to the Department of Agriculture,
and except as specifically provided shall not limit or repeal any
existing legislation or authority. ++EP++ % %
% %
SEC. 2. For conducting fire, silvicultural, and other forest
investigations and experiments the Secretary of Agriculture is hereby
authorized, in his discretion, to maintain the following forest
experiment stations for the regions indicated, and in addition to
establish and maintain one such station for the intermountain regions in
Utah and adjoining States, one in Alaska, and one in the tropical
possessions of the United States in the West Indies,
Northeastern forest experiment station, in New England, New
York, and adjacent States,
Allegheny forest experiment station, in Pennsylvania, New
Jersey, Delaware, Maryland, and in neighboring States,
Appalachian forest experiment station, in the southern
Appalachian Mountains and adjacent forest regions,
Southern forest experiment station, in the Southern States,
Central States, forest experiment station in Ohio, Indiana,
Illinois, Kentucky, Missouri, Iowa, and in adjacent States,
Lake States forest experiment station, in the Lake States and
adjoining States,
California forest experiment station, in California and in
adjoining States,
Northern Rocky Mountain forest experiment station, in Idaho,
Montana, and adjoining States,
Northwestern forest experiment station, in Washington, Oregon,
and adjoining States, and in Alaska,
Rocky Mountain forest experiment station, in Colorado, Wyoming,
Nebraska, South Dakota, and in adjacent States, and
Southwestern forest experiment station, in Arizona, and New
Mexico, and in adjacent States, and in addition to establish and
maintain one such station for the intermountain region of Utah and
adjoining States, one for Alaska, one in Hawaii, and one in the
tropical possessions of the United States in the West Indies, and
one additional station in the Southern States.
There is hereby authorized to be appropriated annually out of any
money in the Treasury not otherwise appropriated, not more than
$1,000,000 to carry out the provisions of this section.
The Secretary of Agriculture is further authorized to establish and
maintain a forest experiment station in the Great Plains and Prairie
States, to be known as the "Great Plains Forest Experiment Station," and
to acquire by purchase, comdemnation, donation, or otherwise such real
property or interest therein as in his judgment is required for the use
of said station, including the making of necessary expenditures in
examining, appraising, and surveying any such property and in doing all
things incdent to perfecting title thereto in the United States. There
is authorized to be appropriated annually such additional sums as may be
required for the purposes of this paragraph.
On and after August 31, 1951, funds may be received from any State,
other political subdivision, organization, or individual for the purpose
of establishing or operating any forest research facility located within
the United States, its Territories, or possessions.
SEC. 3. For investigations of the diseases of forest trees and of
diseases causing decay and deterioration of wood and other forest
products, and for developing methods for their prevention and control at
++EP++ forest experiment stations, the Forest Products Laboratory, or
elsewhere, there is hereby authorized to be appropriated annually, out
of any money in the Treasury not otherwise appropriated, not more than
$250,000. % %
% %
SEC. 4. For investigations for forest insects, including gypsy and
browntail moths, injurious or beneficial to forest trees or to wood or
other forest products, and for developing methods for preventing and
controling infestations, at forest experiment stations, the Forest
Products Laboratory, or elsewhere, there is hereby authorized to be
appropriated annually, out of any money in the Treasury not otherwise
appropriated, not more than $350,000.
SEC. 5. For such experiments and investigations as may be necessary
in determining the life histories and habits of forest animals, birds,
and wild life, whether injurious to forest growth or of value as
supplemental resource, and in developing the best and most effective
methods for their management and control at forest experiment stations,
or elsewhere, there is hereby authorized to be appropriated annually,
out of any money in the Treasury not otherwise appropriated, not more
than $150,000.
SEC. 6. For such investigations at forest experiment stations, or
elsewhere, of the relationship of weather conditions to forest fires as
may be necessary to make weather forecasts, there is hereby authorized
to be appropriated annually, out of any money in the Treasury not
otherwise appropriated, not more than $50,000.
SEC. 7. For such experiments and investigations as may be necessary
to develop improved methods of management, consistent with the growing
of timber and the protection of watersheds, of forest ranges and of
other ranges adjacent to the national forests, at forest or range
experiment stations, or elsewhere, there is hereby authorized to be
appropriated annually, out of any money in the Treasury not otherwise
appropriated, not more than $275,000.
SEC. 8. For experiments, investigations, and tests with respect to
the physical and chemical properties and the utilization and
preservation of wood and other forest products, including tests of wood
and other fibrous material for pulp and paper making, and such other
experiments, investigations, and tests as may be desirable, at the
Forest Products Laboratory, or elsewhere, there is hereby authorized to
be appropriated annually, out of any money in the Treasury not otherwise
appropriated, not more than $1,000,000, and an additional appropriation
of not more than $50,000 annually for similar experiments,
investigations, and tests of foreign woods and forest products important
to the industries of the United States, including necessary field work
in connection therewith.
SEC. 9. The Secretary of Agriculture is hereby authorized and
directed to make and keep current a comprehensive survey and analysis of
the present and prospective conditions of and requirements for the
renewable sources of the forest and range lands of the United States,
its territories and possessions, and of the supplies of such renewable
resources, including a determination of the present and potential
productivity of the land, and of such other facts as may be necessary
and useful in the determination of ways and means needed to balance the
demand for and supply of these renewable resources, benefits and uses
++EP++ in meeting the needs of the people of the United States. % %
% %
The Secretary shall carry out the survey and analysis under such
plans as he may determine to be fair and equitable, and cooperate with
appropriate officials of each State, territory, or possession of the
United States, and either through them or directly with private or other
agencies. There is authorized to be appropriated not to exceed
$20,000,000 in any fiscal year to carry out the purposes of this
section.
SEC. 10. For such investigations of cost and returns and the
possibility of profitable reforestation under different conditions in
the different forest regions, of the proper function of timber growing
in diversified agriculture and in insuring the profitable use of
marginal land, in mining, transportation, and in other industries, of
the most effective distribution of forest products in the interest of
both consumer and timber grower, and for such other economic
investigations of forest lands and forest products as may be necessary,
there is hereby authorized to be appropriated annually, out of any money
in the Treasury not otherwise appropriated, not more than $250,000.)
Forest research: For forest research at forest or range experiment
stations, the Forest Products Laboratory, or elsewhere, in accordance
with the provisions of sections 1, 2, 7, 8, 9, and 10 of the Act
approved May 22, 1928, as amended (16 U.S.C. 581, 581a, 581f-581i),
including the construction and maintenance of improvements; fire,
silvicultural, watershed, and other forest investigations and
experiments; investigations and experiments to develop improved methods
of management of forest and other ranges; experiments, investigations,
and tests of forest products; a comprehensive forest survey; and
investigations in forest economics; $5,108,603 (Provided, That
hereafter funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing
or operating any forest research facility located within the United
States, its Territories, or possessions). ++EP++
HRP HOUSE REPORT
780515 (PART 1 OF 4)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11779, HR 8022, HR 10618
HR REP 95-1184
95TH CONG, 2ND SESS
78-H163-8
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1391 TO 1401)
BRIEF EXPLANATION OF THE LEGISLATION, PURPOSE AND NEED FOR
LEGISLATION (PAGES 1 TO 3)
% %
% %
The Committee on Agriculture, to whom was referred the bill (H.R.
11779), to provide for an expanded and comprehensive extension program
for forest and rangeland renewable resources, having considered the
same, report favorably thereon with amendments and recommend that the
bill, as amended do pass.
The amendments are as follows,
Page 10, delete lines 3 and 4 and insert in lieu thereof,
Sec. 7. The Secretary is authorized to issue such rules and
regulations as the Secretary deems necessary to carry out the
provisions of this Act and to coordinatee this Act with title XIV
of the Food and Agriculture Act of 1977.
Page 10, immediately after line 4, insert the following,
Sec. 8. The provisions of this Act shall become effective
October 1, 1978, and terminate on September 30, 1988.
H.R. 11779 would authorize appropriation of up to $15 million per
year for 10 consecutive fiscal years commencing with fiscal year 1979
for an expanded forest and rangeland renewable resources extension
program to provide private forest and rangeland owners and others with
information about managing and using forest and rangeland renewable
resources, namely, fish and wildlife, forage, outdoor recreation
opportunities, timber and water.
H.R. 11779 would require the Secretary of Agriculture to submit to
Congress in 1980 and each fifth year thereafter a renewable resources
extension program which is to be related to the periodic assessment
required by the Forest and Rangeland Renewable Resources Planning Act
and to the periodic appraisal of land and water resources required
++EP++ by section 5 of the Soil and Water Resources Conservation Act of
1977. % %
% %
The State directors of cooperative extension and the administrative
heads of extension at the 1890 land-grant and McIntire-Stennis
institutions in each State must jointly develop by mutual agreement a
single comprehensive and coordinated renewable resources extension
program in consultation with the administrative technical
representatives and the forestry representatives provided for by the
Secretary in implementation of the McIntire-Stennis Act. This program
would be submitted annually for review by the Secretary and by the
National Agricultural Research and Extension Users Advisory Board.
The State renewable resources extension program would be administered
and coordinated by the State director of cooperative extension except in
States having 1890 land-grant institutions (including Tuskegee
Institute), where the program would be administered jointly by the State
director and the administrative head or heads of extension for the 1890
institution or institutions.
The Secretary would allocate funds for State renewable resources
extension programs generally based on the potential of each State's
private forest and rangelands for yielding renewable resources and their
relative need for such resources reflected in the periodic assessment
provided for in the Forest and Rangeland Renewable Resources Planning
Act of 1974 and the periodic appraisal of land and water resources
provided for in the Soil and Water Resources Conservation Act of 1977.
Most of the Nation's land is in private ownership. Whether these
lands will produce renewable resources to their potential capacity
depends, in large part, on the knowledge individual private landowners
have of the options available to them.
The purpose of H.R. 11779 is to increase through education the yield
of forest and rangeland renewable resources from private lands. The
Nation needs the renewable resources that private lands are capable of
producing, and private landowners need more information about how best
to tap the renewable resource potential of their land. Processors and
users of renewable resources need better knowledge about using such
resources so their supplies can be extended.
In October 1977, an interagency group representing all USDA agencies
involved in forest resource programs concluded that,
The level of extension forestry activities is so inadequate
that essential educational support of forestry programs and
activities is weak or nonexistent.
This legislation would provide an expanded extension program for
renewable resources through land-grant and other eligible colleges and
universities to help private landowners and others better manage and use
their renewable resources.
Historically, the extension program has used the land-grant colleges
and universities to provide significant educational programs to the
American people, primarily in the more traditional areas of agriculture.
This bill would reinforce the forestry extension efforts of the
land-grant colleges and universities with those of the so-called
McIntire-Stennis schools which have much to contribute to education in
++EP++ the management of forest resources. % %
% %
Enactment of H.R. 11779 would provide badly needed personnel to bring
more renewable resources extension programs to more people. This
expansion of the extension program would complement the research,
cooperative forestry, and forestry incentives programs of the Department
of Agriculture.
H.R. 11779 represents a major effort on the part of the Forest
Service and Extension Service of the Department of Agriculture, and ten
private organizations: the American Forestry Association, the
Association of State College and University Forestry Research
Organizations, the Council of Forestry School Executives, the Extension
Committee on Organization and Policy of the National Association of
State Universities and Land-Grant Colleges, the National Audubon
Society, the National Association of State Foresters, the National
Forest Products Association, the National Wildlife Federation, the
Society of American Foresters, and the Wildlife Management Institute.
The initial draft of the bill was prepared by the Forest Service at
the request of Senator Herman E. Talmadge, chairman of the Senate
Committee on Agriculture, Nutrition, and Forestry. The draft was
revised by an Areas of Agreement Committee under the auspices of the
American Forestry Association and introduced as H.R. 8022 on June 24,
1977, by Congressman Jim Weaver, chairman of the House Subcommittee on
Forests. A comparable Senate bill was introduced by Senator Patrick J.
Leahy on February 10, 1978. Subsequently, Mr. Weaver introduced as H.R.
10618 a revision of H.R. 8022 which responded to hearing testimony by
extending the extension program to all forest and rangeland renewable
resources, by including the McIntire-Stennis schools, by limiting the
life of the bill to 10 years, and by requiring the Secretary of
Agriculture to establish a national renewable resource program every 5
years and to report annually to Congress upon its implementation. ++EP++
HRP HOUSE REPORT
780515 (PART 2 OF 4)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11779
HR REP 95-1184
95TH CONG, 2ND SESS
78-H163-8
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1391 TO 1401)
SECTION-BY-SECTION ANALYSIS (PAGES 3 TO 5)
% %
% %
Section 1 provides that this act may be cited as the Renewable
Resources Extension Act of 1978.
Section 2 contains five congressional findings,
(1) Extension programs provide useful educational programs for
forest and rangeland owners and others,
(2) It is essential that all forest and rangeland renewable
resources be considered in designing educational programs,
(3) Efficient utilization and marketing of resources extend
available supplies,
(4) Trees and forests in urban areas improve the environment,
and
(5) Trees and shelterbelts protect farm lands from erosion,
increase soil moisture and provide wildlife habitat.
Section 3 requires the Secretary of Agriculture in cooperation with
the State directors of cooperative extension and eligible colleges and
universities to establish comprehensive educational programs in the
management and use of forest and rangeland renewable resources and their
subsequent utilization and to identify areas of needed research
regarding renewable resources. All appropriate educational methods
++EP++ may be used, including radio and television programs. % %
% %
The term "eligible colleges and universities" is defined to mean
land-grant colleges and universities eligible to receive funds under the
acts of July 2, 1862, and August 30, 1890, including Tuskegee Institute,
and colleges and universities eligible for assistance under the
McIntire-Stennis Act of October 10, 1962.
Section 4. -- Subsection (a) requires that the State director of
cooperative extension and the administrative heads of extension for
eligible colleges and universities in each State to jointly develop by
mutual agreement a single comprehensive and coordinated renewable
resources extension program which must be submitted annually to the
Secretary and reviewed by the National Agricultural Research and
Extension Users Advisory Board.
Subsection (b) requires the State director of cooperative extension
and the administrative heads of extension for eligible colleges and
universities in each State, to foster close cooperation by renewable
resources extension, research, and management staffs at local, State,
and Federal levels.
Subsection (c) requires that the renewable resources extension
program in each State be administered and coordinated by the State
director of cooperative extension, except in States in which one or more
1890 land-grant institutions (including Tuskegee Institute) are located.
In such States the program shall be administered and coordinated
jointly by the State director of cooperative extension and the
administrative head or heads of extension for the 1890 school or
schools.
Subsection (d) requires each State director of cooperative extension
and the administrative heads of extension for eligible colleges and
universities to use advisory committees composed of people interested
and knowledgeable in forest and rangeland renewable resources extension.
Subsection (c) provides that for purposes of this act the term
"State" means any one of the 50 States, Puerto Rico, Guam, the District
of Columbia, and the Virgin Islands of the United States.
Section 5 requires the Secretary to prepare and submit to Congress no
later than March 31, 1980, and each fifth year thereafter a renewable
resources extension program which shall provide direction to the States
in development of their programs and which shall take account of the
capabilities of private forest and rangelands for yielding renewable
resources as reflected in the most recent assessment under section 3 of
the Forest and Rangeland Renewable Resources Planning Act of 1974 and
the most recent appraisal under section 5 of the Soil and Water
Resources Conservation Act of 1977. In Addition, the Secretary is
required to submit to Congress with his budget beginning with fiscal
year 1981 an annual report on the renewable resources extension program.
Section 6 authorizes appropriations of $15 million per year for
fiscal year 1979 and each of the nine succeeding fiscal years to carry
out the provisions of this act. This section further provides that
States shall be eligible for funds generally according to their
respective capabilities for producing renewable resources and their
relative needs for such resources. State eligibility to receive funds
shall be adjusted for States in which Federal lands are extensive, for
expansion of extension ++EP++ programs for consumptive users of such
lands, such as loggers and livestock ranchers. % %
% %
It is anticipated that the Secretary will determine guidelines as to
the magnitude of the adjustment through regulations, after appropriate
consultation with the State directors of cooperative extension service
programs.
Section 7 authorizes the Secretary to issue necessary rules and
regulations and requires that the Secretary coordinate activities under
this act with title XIV of the Food and Agriculture Act of 1977.
Section 8 provides that the provisions of this act shall become
effective October 1, 1978, and terminate on September 30, 1988. ++EP++
HRP HOUSE REPORT
780515 (PART 3 OF 4)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11779, HR 8022, HR 10618
HR REP 95-1184
95TH CONG, 2ND SESS
78-H163-8
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1391 TO 1401)
COMMITTEE CONSIDERATION (PAGES 5 TO 6)
% %
% %
During 1977, the Subcommittee on Forests held extensive oversight
hearings at five locations in the United States on the implementation by
the Forest Service of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (Implementation of Resources Planning Act, Hearings
before the Subcommittee on Forests of the Committee on Agriculture,
House of Representatives, 95th Congress, 1st Session, Ser. No. 95-II).
Hearings were held at Portland, Oreg.; Couer d'Alene, Idaho; Hot
Springs, Ark.; Warren, Pa.; and twice at Washington, D.C. During these
hearings, many witnesses took the opportunity to testify on the bill
(H.R. 8022), predecessor to the present bill (H.R. 11779). Thirty-eight
witnesses testified in support of the bill and none in opposition. Many
of them made editorial and other suggestions for its improvement.
The witnesses included 7 State foresters or representatives of other
State agencies, and representatives of 21 academic or research
institutions, 7 industry trade associations or firms, 2 environmental or
conservation groups, and 1 natural resource professional organization.
The testimony of the witnesses can be summarized as follows,
1. Most of the Nation's forest land is in private ownership.
2. Private forest landowners frequently do not have the knowledge to
apply needed forest management practices.
3. Extension programs are of proven effectiveness in disseminating
comparable knowledge in agriculture.
4. The forestry portion of the agriculture extension program has not
been effective because it has been funded at very low levels.
5. This legislation is desirable because it establishes an expanded
program in forestry extension under separate authorization.
Several witnesses urged that H.R. 8022 be amended to extend the
extension program to all forest and rangeland renewable resources.
The Subcommittee on Forests held a hearing on H.R. 10618 on February
2, 1978 (Cooperative Assistance, Research, and Extension Legislation,
Hearing before the Subcommittee on Forests of the Committee on
Agriculture, House of Representatives, 95th Congress, 2d session, Ser.
No. 95 PP). This legislation was supported by the testimony or
statement of 12 witnesses including M. Rupert Cutler, Assistant
Secretary of Agriculture for Conservation, Research, and Education,
representatives of 6 environmental or conservation groups, 5 academic or
research institutions, and the National Association of State Foresters.
Two industry trade associations objected that the bill was premature but
one of these subsequently withdrew its objection. ++EP++ % %
% %
Assistant Secretary Cutler, on behalf of the administration,
recommended enactment of this legislation. He also provided a number of
recommended amendments. Other witnesses also suggested amendments.
Virtually all of these amendments have been included in the bill as
reported by the Committee.
The Subcommittee on Forests met in business session on March 1, 1978,
to consider the bill, H.R. 10618. At the request of the Chairman, Mr.
Weaver, the subcommittee staff explained the provisions of the bill.
The chairman then offered two substantive amendments to the bill and
several technical or conforming changes.
The first substantive amendment required that in preparing the 5 year
renewable resources extension program and in determining the eligibility
of States for funds, the Secretary must consider in addition to the
assessment under section 3 of the Forest and Rangeland Renewable
Resources Planning Act of 1974, the results of the periodic appraisal of
land and water resources required by section 5 of the Soil and Water
Resources Conservation Act of 1977.
The second substantive amendment offered by Mr. Weaver is designed to
ensure full participation by the 1890 land-grant and McIntire-Stennis
institutions by requiring that the State director of cooperative
extension and the administrative head of extension of each such
institution jointly develop by mutual agreement a single comprehensive
renewable resources program for the State in which the role of each
eligible college or university is well defined.
All of the amendments offered by Mr. Weaver were agreed to by the
subcommittee which then by voice vote ordered the bill, H.R. 10618,
reported favorably to the full committee. The subcommittee further
instructed the chairman to introduce for consideration by the full
committee a clean bill incorporating the amendments adopted by the
subcommittee. On March 22, 1978, the chairman did so and the clean bill
is H.R. 11779.
The Committee on Agriculture met in business session on Thursday,
April 27, 1978, to consider the bill, H.R. 11779. The chairman of the
Subcommittee on Forests, Mr. Weaver, briefly explained the provisions of
the bill. Technical amendments were adopted to authorize the Secretary
to issue rules and regulations, to require coordination of this act with
title XIV of the Food and Agriculture Act of 1977, and to make the
provisions of this act effective October 1, 1978. Mr. Panetta noted the
authorization of $15 million per year and brought out the fact that the
current annual level of funding for the forestry portion of the
extension program is $2.1 million.
Thereafter, the full committee by voice vote in the presence of a
quorum ordered the bill, H.R. 11779, as amended, reported to the House
with a recommendation that it do pass. ++EP++
HRP HOUSE REPORT
780515 (PART 4 OF 4)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 11779, HR 10618, HR 8022, HR 11777, HR 11778, HR 8020, HR 8021
HR REP 95-1184
95TH CONG, 2ND SESS
78-H163-8
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1391 TO 1401)
ADMINISTRATION POSITION WITH 1 LETTER EMBEDDED, CURRENT AND FIVE
SUBSEQUENT FISCAL YEAR COST ESTIMATE, INFLATIONARY IMPACT STATEMENT,
BUDGET ACT COMPLIANCE WITH 1 LETTER EMBEDDED, CONGRESSIONAL BUDGET
OFFICE COST ESTIMATE, OVERSIGHT STATEMENT (PAGES 6 TO 11)
% %
% %
The following report was received by the committee on the proposed
legislation from the Department of Agriculture, ++EP++ % %
% %
Hon. THOMAS S. FOLEY,
Chairman Committee on Agriculture,
House of Representatives, Washington, D.C.
Dear MR. CHAIRMAN: As you requested, here is our report on H.R.
11779, a bill to provide for an expanded and comprehensive extension
program for forest and rangeland renewable resources. H.R. 11779
supersedes H.R. 10618.
The Department of Agriculture recommends that H.R. 11779 be enacted,
if amended as described in the enclosure.
H.R. 11779, if amended as we recommend, would strengthen the
educational component of programs of USDA and its cooperators. The key
recommendation is to eliminate the $15 million annual authorization
level and to substitute an authorization for "such sums as necessary,"
to be included within the overall extension authorizations provided
under Section 1464 of Public Law 95-113. We believe this change would
allow for greater flexibility in th funding to be provided each year
while retaining the overall authorization on funding for extension
activities just enacted. We believe that this graduated increase in
authorization level is sufficient to meet program objectives. The
enclosed supplemental statement presents our recommended amendments.
H.R. 11779 would authorize the Secretary of Agriculture to conduct
renewable resources educational programs in cooperation with State
directors of cooperative extension programs and other eligible colleges
and universities. The educational programs would enable the Secretary
to disseminate renewable resources research and technology to
appropriate audiences such as small, private, nonindustrial forest
owners; rangeland owners; resource professionals; processors, users;
and urban tree owners and managers. Through these programs, audiences
would be taught how to manage and use forests and forest products,
range, outdoor recreation, fish and wildlife, shelterbelts, watersheds,
and trees in urban areas. The bill would require the Secretary to
formulate a 5 year plan for educational work to implement the act, and
submit the plan to Congress.
H.R. 11779 evolved as representatives of State forestry agencies,
State extension services, forest industries, conservation groups,
forestry schools, and members of the Congress worked together for a
comprehensive program to improve the productivity of natural resources
on private lands. H.R. 11779 supersedes H.R. 10618 which superseded
H.R. 8022. The text of H.R. 11779 was developed along with H.R. 11777
and H.R. 11778. Together, the three bills would provide coordinated
technical assistance (H.R. 11777), research (H.R. 11778), and education
(H.R. 11779) to improve the natural resource capabilities of private
lands. The American Forestry Association's Areas of Agreement Committee
and a task force of the Society of American Foresters brought diverse
interests together to agree on earlier drafts of these bills, (H.R.
8020, H.R. 8021, and H.R. 8022). Representatives of USDA forestry
agencies participated in many of these discussions. The intent of all
three bills was supported in hearings ++EP++ on February 2 before the
House Subcommittee on Forestry of the House Agriculture Committee. % %
% %
The President, in his Environmental Message of May 23, 1977, directed
the Secretary to study Federal programs and determine where improvements
could be made to encourage better management of America's private
forestlands. The President asked that the study examine how technical
assistance and education could be used to improve the capability of
non-Federal forestlands to meet the Nation's need for wood, improve and
maintain fish and wildlife habitats, prevent and control environmental
pollution, and effectively disseminate forestry information.
The report was delivered to the President on September 13, 1977.
Relative to education, it said,
Education programs inform landowners of opportunities for
protecting and managing their lands and of sources of assistance.
They are prerequisite to success in gaining wider participation in
other programs. They provide the owner a rational basis for
deciding how to manage his land.
H.R. 11779 would provide the educational programs needed to improve
the capability of non-Federal forestlands. The costs involved in
enacting H.R. 11779 for the first fiscal year and each of the 5 fiscal
years following would be included within the overall Extension
authorization provided under section 1464 of Public Law 95-113 if
amendment 3 is accepted. The first year cost would be $5 million, the
second $10 million, and $15 million in subsequent years.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
administration's program.
Sincerely,
/s/BOB BERGLAND, Secretary.
Enclosure. USDA supplemental statement -- H.R. 11779.
EXTENSION PROGRAM FOR FOREST AND RANGELAND RENEWABLE RESOURCES
Discussion of provisions and recommended amendments.
H.R. 11779 would provide for an expanded and comprehensive extension
program for forest and rangeland renewable resources. It would expand
the present effort which involves 180 forestry and wildlife specialists,
39 fisheries and aquaculture specialists, and about 80 other specialists
supported by the Department of Commerce sea grant program. Section 2 of
H.R. 11779 lists the findings of Congress. Education can also add to
the value of forests and trees through teaching more efficient
utilization and marketing of renewable resources, and more effective use
and protection of trees in urban areas and in shelterbelts.
Section 3 describes the educational programs that would be developed
by the Secretary in cooperation with State directors of cooperative
++EP++ extension service programs and eligible colleges and
universities. % %
% %
The educational programs would cover a broad range of renewable
resources and a broad range of audiences. Extension educators would
also help identify needed renewable resources research. Other eligible
colleges and universities, in addition to the 1802 and 1890 land-grant
universities, would be included because they have some of the needed
expertise by virtue of their forestry research and teaching programs.
Appropriate educational methods would be used.
Section 4 would place responsibility for the State's Renewable
Resources Extension Program with the State director of cooperative
extension programs and the administrative heads of extension for other
eligible college and universities, when present. It would require them
to consult and seek agreement with those responsible for forestry
research and appoint and use one or more advisory committees in
developing the educational programs. They would encourage cooperation
between all renewable resource agencies which operate within the State.
Section 5 would require the Secretary to prepare a 5-year renewable
resources extension program timed to coincide with the Forest and
Rangeland Renewable Resources Planning Act. (RPA) and the Soil and
Water Resources Conservation Act (RCA) planning cycles. The plan would
provide national emphasis and direction as well as guidance to State
directors. The Secretary's 5-year plan would be based on the
capabilities of private forest and rangelands for yielding renewable
resources and relative needs for such resources. The Secretary would
also prepare an annual report to Congress.
Section 6 would authorize $15 million for these educational programs
to be divided among the States according to the capabilities of their
private forest and rangeland for yielding renewable resources and
relative needs for such resources.
Section 7 is a sunset provision.
1. Page 4, add the following item after line 11,
(9) Provide information to consumers that will assist them in
selection, maintenance, and use of forest products.
This item would support the congressional finding on page 2, lines
13-18, that efficient utilization and marketing extends resources.
2. Page 5, line 1, substitute 328 for 238.
3. Page 9, delete lines 15 and 16 and the words "fiscal years" from
line 17, and substitute the following,
out this Act such sums as may be needed within the overall
authorization provided under Section 1464 of the Food and Agriculture
Act of 1977 (91 Stat. 1018, 7 U.S.C. 3312) for the purposes of carrying
out the extension programs of the Department of Agriculture.
This would keep the total funds authorized for extension programs in
any one year within the limits Congress established in Public Law
95-113, while allowing the targeting or focusing of resources on this
area. ++EP++ % %
% %
Pursuant to clause 7 of rule XIII of the Rules of the House of
Representatives, the committee estimates that the cost which would be
incurred in carrying out H.R. 11779 would be $5 million for the first
year, $10 million for the second year, and $15 million in subsequent
years. The same cost estimate was received from the U.S. Department of
Agriculture and the Congressional Budget Office.
Pursuant to clause 2(1) (4) of rule XI of the Rules of the House of
Representatives, the committee estimates that enactment of H.R. 11779,
as amended, will have no inflationary impact on the national economy.
The provisions of clause 2(1) (3) (B) of rule XI of the Rules of the
House of Representatives and section 308(a) of the Congressional Budget
Act of 1974 (relating to estimates of new budget authority or new or
increased tax expenditures) are not considered applicable. The estimate
and comparison prepared by the Director of the Congressional Budget
Office under clause 2(1) (3) (C) of rule XI of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act of 1974
submitted to the committee prior to the filing of this report are as
follows,
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, Longworth House Office Building,
U.S. House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost estimate for H.R. 11779, the Renewable Resources Extension
Act of 1978.
Should the committee do desire, we would be plased to provide further
details on the attached cost estimate.
Sincerely,
/s/ROBERT A. LEVINE, Deputy
Director.
1. Bill number: H.R. 11779.
2. Bill title: Renewable Resources Extension Act of 1978.
3. Bill Status,
As ordered reported by the House Committee on Agriculture, May 2,
1978.
4. Bill purpose,
This bill authorizes the Secretary of Agriculture to establish a
comprehensive renewable resources extension program in cooperation with
++EP++ eligible colleges and universities and state directors of
cooperative extension service programs. % %
% %
Fiscal year 1979, Millions
Authorization level........................... 15
Estimated cost................................ 5
Fiscal year 1980,
Authorization level............................. 15
Estimated cost.................................. 10
Fiscal year 1981,
Authorization level............................. 15
Estimated cost.................................. 15
Fiscal year 1982,
Authorization level............................. 15
Estimated cost.................................. 15
Fiscal year 1983,
Authorization level............................. 15
Estimated cost.................................. 15
The costs of this bill fall within budget function 300.
This bill authorizes $15 million per year for the next 10 years to
provide educational extension programs related to the Nation's renewable
resources. It is assumed that the full amount authorized will be
appropriated. Outlay rates are estimated based on information from the
Forest Service and the Extension Service of the Science and Education
Administration.
/s/JAMES L. BLUM,
Assistant Director for Budget
Analysis.
No summary of oversight findings and recommendations made by the
Committee on Government Operations under clause 4 (c) (2) of rule X of
the Rules of the House of Representatives was available to the committee
with reference to the subject matter specifically addressed by H.R.
11779, as amended.
The Subcommittee on Forests of the Committee on Agriculture conducted
oversight hearings with respect to implementation of the Forest and
Rangeland Renewable Resources Act of 1974 during which testimony in
support of this legislation was adduced. Implementation of Resources
Planning Act, Hearings before the Subcommittee on Forests of the
Committee on Agriculture, U.S. House of Representatives, 95th Congress,
1st Session, Serial No. 95-11. ++EP++
SRP SENATE REPORT
780515 (PART 1 OF 3)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3035
S REP 95-881
95TH CONG, 2ND SESS
78-S163-14
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1440 TO 1451)
SHORT EXPLANATION, COMMITTEE AMENDMENT, BACKGROUND AND NEED FOR
LEGISLATION (PAGES 1 TO 3)
% %
% %
MAY 15, 1978
The Committee on Agriculture, Nutrition, and Forestry, to which was
referred the bill (S. 3035) to provide for an expanded and comprehensive
extension program for forest and rangeland renewable resources, having
considered the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
S. 3035 would provide for a comprehensive extension program for
forest and rangeland renewable resources. The major provisions of the
bill would --
(1) Require the Secretary of Agriculture to provide educational
programs covering a broad range of renewable resource problems and
subject areas and a broad range of audiences (the programs are to
be developed by the Secretary in cooperation with State directors
of cooperative extension service programs and eligible
universities and colleges -- land grant colleges, 1890 colleges,
and schools that receive assistance under the McIntire-Stennis
Act),
(2) Place responsibility for the development of each State
renewable resources extension program jointly with the State
director of cooperative extension programs and the administrative
heads of extension at eligible colleges and universities in the
State, who would be required to (a) consult with those responsible
for forestry research in the State in developing the State
extension programs, (b) appoint advisory committees -- that
include in their membership forest and range landowners and
professionally trained managers of renewable resources -- to aid
in the State extension effort, and (c) encourage cooperation in
the State extension effort among all renewable resource agencies
that operate in the State, ++EP++
% %
% %
(3) Require review of renewable resources extension programs by
the National Agriculture Research and Extension Users Advisory
Board established under title XIV of the Food and Agriculture Act
of 1977,
(4) Place responsibility for the administration of each State
renewable resource extension program with the State director of
cooperative extension programs -- except in State that have 1890
colleges where the program would be administered by the State
director and the administrative heads for extension at the 1890
college or colleges in the State,
(5) Require the Secretary to prepare a series of 5-year plans
for implementing the bill, to be called the "renewable resources
extension program" (the programs are (a) to provide national
emphasis and direction as well as guidance to State directors of
extension and administrative heads of schools, and (b) to be based
on information provided through the Forest and Rangeland Renewable
Resources Planning Act of 1974 and the Soil and Water Resources
Conservation Act of 1977),
(6) Require the Secretary to submit annual reports to Congress
on the status of the program,
(7) Authorize appropriations -- of up to $15 million per year
for each of the 10 years beginning with fiscal year 1979 -- to
implement the bill,
(8) Require the allocation of appropriated funds to States on
the basis of the productive capabilities of each State's private
forests and rangelands, and the relative needs of each State for
forest and rangeland renewable resources -- with information on
which the allocation of funds is to be based to be provided
through the Forest and Rangeland Renewable Resources Planning Act
of 1974 and the Soil and Water Resources Conversation Act of 1977;
and
(9) Make the bill effective for the period beginning October 1,
1978, and ending September 30, 1988.
The committee amendment to the text of S. 3035 strikes all after the
enacting clause and inserts a substitute text that contains technical
and conforming changes made by the committee.
Nearly two-thirds of the renewable resource-producing lands in the
United States are privately held. The resources these lands produce
include timber, range, fish, wildlife, recreation sites, shelterbelts,
and watersheds.
The operation and management of privately held lands are important to
the Nation because the United States needs the renewable resources these
lands are capable of producing. Efficient production of renewable
resources on these lands will satisfy consumer demands that otherwise
would have to be met by production on public lands.
If we are to see more efficient production of renewable resources
from private lands, the owners of the land, especially owners of small,
nonindustrial plots of forest or rangeland, need more information about
the production potential of their land and how they can better manage
and use renewable resources. With better understanding of how their
lands can produce renewable resources, private landowners can be
motivated to take voluntary actions to improve or conserve such
resources. ++EP++ % %
% %
The Extension Service currently conducts renewable resources
education programs for forest and rangeland owners and others, involving
180 forestry and wildlife specialists, and 39 fisheries and aquaculture
specialists. An additional 80 specialists employed in extension work
are supported by the Department of Commerce sea grant program.
The Department of Agriculture, however, has recognized the need to
strength forest resource extension programs.
An interagency group composed of representatives of all Department of
Agriculture agencies having forest resources programs met in October
1977 to consider interagency coordination. This group concluded that
the level of extension forestry activities is so inadequate in most
States that essential educational support of forestry programs is weak
or nonexistent, and that extension programs in other renewable resources
subject areas are similarly weak.
The 1978 Department of Agriculture Interagency Agreement on Forestry
includes as an objective: To design and build an extension component
into all relevant forestry activities and programs -- at the formative
stage of new efforts, and through modification of ongoing or expanding
programs as appropriate.
There is a clear need to provide the legal framework and policy
direction for the development by the Department of Agriculture of a
comprehensive national renewable resources extension program. S. 3035
will meet this need. The bill represents a major effort on the part of
the Forest Service and the forestry, university, and conservation
communities to respond to the request of Chairman Herman E. Talmadge for
draft legislation to improve Federal programs that affect non-Federal
forests and rangelands. It would authorize the Secretary of Agriculture
to establish a comprehensive extension program directed toward private
landowners, to be implemented through land-grant and other eligible
colleges and universities. ++EP++
SRP SENATE REPORT
780515 (PART 2 OF 3)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3035
S REP 95-881
95TH CONG, 2ND SESS
78-S163-14
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1440 TO 1451)
SECTION-BY-SECTION ANALYSIS (PAGES 3 TO 6)
% %
% %
The first section provides that the bill may be cited as the
"Renewable Resources Extension Act of 1978."
Section 2 of the bill contains five findings. The first finding
states that the extension program of the Department of Agriculture and
the extension activities of each State provide useful and productive
educational programs for private forest and rangeland owners,
processors, and consumptive and nonconsumptive users of forest and
++EP++ rangeland renewable resources, and that these educational
programs complement research and assistance programs conducted by the
Department. % %
% %
The second finding states that in order to meet national goals it is
essential that all forest and rangeland renewable resources be fully
considered in designing educational programs for landowners, processors,
and users. The third finding states that more efficient utilization and
marketing of renewable resources can extend available supplies of such
resources, provide products to consumers at prices less than they would
otherwise br, and promote reasonable returns on the investments of
landowners, processors, and users. The fourth finding cites the
benefits of trees and forests in urban areas. The fifth finding cites
the benefits of trees and shrubs used as shelterbelts.
universities
Section 3 of the bill would direct the Secretary of Agriculture, in
cooperation with the State directors of cooperative extension programs
and eligible colleges and universities, to provide education programs to
enable individuals to recognize, analyze, and resolve problems dealing
with renewable resources; use education programs to disseminate the
results of research on renewable resources; conduct education programs
that transfer the best available technology to those involved in the
management and protection of forests and rangelands and the processing
and use of their associated renewable resources; develop and implement
education programs that give special attention to the educational needs
of small, private nonindustrial forest landowners; develop and
implement education programs in range and fish and wildlife management:
assist in providing continuing education programs for renewable resource
professionals; help landowners secure technical and financial
assistance to bring appropriate expertise to bear on their forest and
rangeland problems; and help identify areas of needed research
regarding renewable resources.
Section 3 would define the term "eligible colleges and universities"
for the purposes of the bill to include the land-grant colleges and
universities supported and maintained with funds made available under
the act of July 2, 1862, known as the First Morrill Act, 1890
institutions supported and maintained with funds made available under
the act of August 30, 1890, known as the Second Morrill Act, and the
colleges and universities eligible for assistance under the act of
October 10, 1962, known as the McIntire-Stennis Cooperative Forestry
Research Act.
All appropriate educational methods could be used in the educational
programs, including meetings, short courses, workshops, tours,
demonstrations, publications, news releases, and radio and television
programs.
Section 4 would require each State to develop a single comprehensive
and coordinated renewable resources extension program in which the role
of each eligible college and university in the State is well defined.
If both 1862 and 1890 institutions are represented in the State, the
State director of cooperative extension programs and the administrative
heads of extension for the 1890 college or colleges would jointly
develop, by mutual agreement, the extension program. The ++EP++ State
director and, as appropriate, the administrative heads of extension for
the 1890 college or colleges would consult and seek agreement with the
administrative technical representatives and the forestry
representatives under the McIntire-Stennis Act on the State's extension
program. % %
% %
Each State's renewable resources extension program would be submitted
to the Secretary annually.
The National Agricultural Research and Extension Users Advisory Board
established under the Food and Agriculture Act of 1977 would review, and
make recommendations to the Secretary pertaining to, programs conducted
under S. 3035.
Section 4 would require the State director and as appropriate, the
administrative heads of extension for the 1890 college or colleges to
encourage close cooperation between extension staffs at the county and
State levels, and State and Federal research organizations dealing with
renewable resources, State and Federal agencies that manage forests and
rangelands and their associated renewable resources, State and Federal
agencies that have responsibilities associated with the processing or
use of renewable resources, and other appropriate agencies or
organizations.
Section 4 would place responsibility for administration and
coordination of the State renewable resources extension program with the
State director, except that in States having 1890 colleges, the State
extension program would be administered by the State director and the
administrative heads of extension for the 1890 college or colleges.
Section 4 would require those who administer the State renewable
resources extension program to appoint and use or more advisory
committees, comprised of forest and range landowners, professionally
trained individuals in fish and wildlife, forest range and watershed
management and related fields, and other suitable persons, in meeting
its provisions. Because the bill does not provide definite terms of
office for these advisory committee, they would be subject to the
provisions of section 14 of the Federal Advisory Committee Act, which
provides, that committees not having a definite term are subject to
termination at the end of 2 years.
Section 4 would define the term "State" to mean any one of the 50
States, the Commonwealth of Puerto Rico, Guam, the District of Columbia,
and the Virgin Islands of the United States.
Section 5 would require the Secretary of Agriculture to prepare a
5-year plan for implementing the bill, which would be called the
"renewable resources extension program." The program would have to be
submitted to Congress no later than the last day of the first half of
the fiscal year ending September 30, 1980, and the last day of the first
half of each fifth fiscal year thereafter. The program would provide
national emphasis and direction as well as guidance to those responsible
for administering renewable resources extension program at the State
level in the development of their State renewable resources extension
programs, which are to be appropriate in terms of the conditions, needs,
and opportunities in each State. The program would contain brief
outlines of general extension programs for fish and wildlife management,
range management, timber management, watershed management, recognation
and enhancement of forest and ++EP++ range-based outdoor recreation
opportunities, planting and management of trees and forests in urban
areas, and planting and management of trees and shrubs used in
shelterbelts. % %
% %
Section 5 would relate the program to the renewable resources
assessment provided for in section 3 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 and the periodic appraisal of
land and water resources provided for in section 5 of the Soil and Water
Resources Conservation Act of 1977. It would require the Secretary, in
preparing the program, to take into account the respective capabilities
of private forests and rangelands for yielding renewable resources and
the relative needs for such resources as identified in the assessment
and periodic appraisal.
Section 5 would require the Secretary to prepare an annual report for
Congress at the time of submission of each annual fiscal budget --
beginning with fiscal year 1981 -- to aid Congress in its oversight
responsibilities and provide accountability. This annual report is to
set forth accomplishments of the program, its strengths and weaknesses,
recommendations for improvement, and costs of program administration,
each with respect to the fiscal year preceding its filing.
Section 6 would authorize the appropriation of $15 million for the
fiscal year ending September 30, 1979, and $15 million for each of the
next 9 fiscal years, to implement the bill. States would be generally
eligible to receive funds based on the respective capabilities of their
private forest and rangelands for yielding renewable resources and
relative needs for such resources identified in the renewable resources
assessment provided for in the Forest and Rangeland Renewable Resources
Planning Act of 1974 and the periodic appraisal of land and water
resources in the Soil and Water Resources Conservation Act of 1977.
(State eligibility to receive funds would be adjusted for States in
which Federal lands are extensive, for the expansion of extension
programs to consumptive users of such lands, such as loggers and
livestock ranchers. It is anticipated that the Secretary will establish
guidelines as to the magnitude of the adjustment through regulations,
after consultation with the State directors of cooperative extension
service programs.)
Section 7 would authorize the Secretary of Agriculture to issue rules
and regulations to implement the bill and to coordinate the bill with
title XIV of the Food and Agriculture Act of 1977, which establishes a
national food and agriculture research, extension, and teaching program
that includes forestry.
Section 8 provides that the bill will be effective for the period
beginning October 1, 1978, and ending September 30, 1988. ++EP++
SRP SENATE REPORT
780515 (PART 3 OF 3)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3035, S 1426, S 1630, S 1856, HR 8020, HR 8021, HR 8022, S 2535, S
2536, S 2537, S 3033, S 3034
S REP 95-881
95TH CONG, 2ND SESS
78-S163-14
RENEWABLE RESOURCES EXTENSION ACT OF 1978 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1440 TO 1451)
COMMITTEE CONSIDERATION, ADMINISTRATION VIEWS WITH ONE LETTER
EMBEDDED, REGULATORY IMPACT EVALUATION, COST ESTIMATE WITH ONE LETTER
EMBEDDED (PAGES 6 TO 12)
% %
% %
In 1976, following enactment of the National Forest Management Act.
Senator Herman E. Talmadge, chairman of the Committee on Agriculture,
Nutrition, and Forestry, wrote to the Chief of the Forest Service
regarding forestry on non-Federal lands. In that letter Chairman
Talmadge concluded that the enactment of the National Forest ++EP++
Management Act had resolved most of the competitive disputes
surrounding Federal forest lands, but that neither the 1976 act nor the
Forest and Rangeland Renewable Resources Planning Act of 1974 had
properly addressed the problems of resource management on, and timber
supply from, the 296 million acres of nonindustrial private forest and
rangelands. % %
% %
Chairman Talmadge asked the Forest Service for legislative drafting
service in developing a bill to use cooperative forest management
assistance, research, and extension to increase the benefits from these
lands.
The Forest Service responded to this request. State foresters,
researchers, and extension personnel were brought to a 2-day seminar in
Washington to discuss how to deal with the chairman's request. From that
meeting, a bill was developed containing separate titles for cooperative
forest management, research, and extension.
The chairman then asked the Society of American Foresters, the
American Forestry Association, and various elements of the timber
industry to comment on the bill and attempt to improve it. This
improvement process took all of 1977 and continued into 1978.
On April 29, 1977, Senator Jacob Javits, of New York, introduced S.
1426, to authorize the Secretary of Agriculture to make grants to States
for urban forestry.
On June 7, 1977, Senators Hubert Humphrey and John Stennis introduced
S. 1630, which was the research title of the bill developed by the
Forest Service.
On July 14, 1977, Senator Mark Hatfield introduced S. 1856, to
provide for a cooperative forest resources extension program.
These three bills were among the focal points around which the
consideration of nonindustrial forest management revolved.
On June 24, 1977, Congressman James Weaver, chairman of the Forestry
Subcommittee of the House Agriculture Committee, decided to divide the
Forest Service draft bill into its three parts and introduced the
legislation as H.R. 8020 (cooperative forest management), H.R. 8021
(forest and rangeland research), and H.R. 8022 (renewable resources
extension). The Congressman indicated at the time he introduced the
bills that he was doing so to get a broader dissemination of what was in
the legislation so that many more people could help to improve the
bills.
Subsequently, the Forestry Subcommittee held extensive hearings on
the legislation, both in Washington and throughout the Nation.
Meanwhile, working under the request from Chairman Talmadge, the
Society of American Foresters joined with Resources for the Future to
hold a workshop on policy alternatives for nonindustrial private
forests. A book was published from the 3-day workshop that was helpful
to the Committee on Agriculture, Nutrition, and Forestry in examining
its policy options.
The society is continuing its examination of practical initiatives to
encourage more timber production on the nonindustrial lands.
On February 10, 1978, Senator Patrick Leahy introduced S. 2535
(cooperative forest management), S. 2536 (forest and rangeland
research), and S. 2537 (renewable resources extension). On April 17,
1978, Senator Leahy reintroduced the text of S. 2535, with amendments,
to conform the bill more closely to a bill reported by the Forestry
Subcommittee of the House Committee on Agriculture. ++EP++ % %
% %
On May 3, 1978, Senator Leahy reintroduced the legislation in another
attempt to conform the language of the legislation with changes being
made by the House committee. These bills were S. 3033 (cooperative
forest management), S. 3034 (forest and rangeland research), and S. 3035
(renewable resources extension).
On May 10, 1977, the Committee on Agriculture, Nutrition, and
Forestry, meeting in executive session, unanimously ordered reported S.
3033, S. 3034, and S. 3035.
In a letter to Chairman Talmadge dated April 24, 1978, the Secretary
of Agriculture stated that the administration supported the enactment of
S. 2537, with several suggested amendments. The text of S. 3035 contains
many of the provisions of S. 2537, and incorporates several of the
amendments suggested by the administration.
The letter from the Secretary, with a supplemental statement, reads
as follows,
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Washington, D.C.
DEAR MR. CHAIRMAN: As you requested, here is our report on S. 2537,
a bill to provide for an expanded and comprehensive extension program
for forest and rangeland renewable resources.
The Department of Agriculture recommends that S. 2537 be enacted, if
amended as described in the enclosure. S. 2537, if amended as we
recommend, would strengthen the educational component of programs of
USDA and its cooperators. The key recommendation is to eliminate the $15
million annual authorization level and to substitute an authorization
for "such sums as necessary," to be included within the overall
extension authorizations provided under Section 1464 of Public Law
95-113. We believe this change would allow for greater flexibility in
the funding to be provided each year while retaining the overall
authorization on funding for extension activities just enacted. We
believe that this graduated increase in authorization level is
sufficient to meet program objectives. The enclosed supplemental
statement presents our recommended amendments.
S. 2537 would authorize the Secretary of Agriculture to conduct
renewable resources educational programs in cooperation with State
directors of cooperative extension programs and other eligible colleges
and universities. The educational programs would enable the Secretary to
disseminate renewable resources research and technology to appropriate
audiences such as small, private, nonindustrial forest owners;
rangeland owners; resource professionals; processors; users; and
urban tree owners and managers. Through these programs audiences would
be taught how to manage and use forests and forest products, range,
outdoor recreation, fish and wildlife, shelterbolts, watersheds and
trees in urban areas. The bill would require the Secretary to formulate
a 5 year plan for educational work to implement the act and submit the
plan to Congress.
++EP++ % %
% %
S. 2537 evolved as representatives of State forestry agencies, State
extension services, forest industries, conservation groups, forestry
schools, and Members of the Congress worked together for a comprehensive
program to improve the productivity of natural resources on private
lands. The text of S. 2537 was developed along with S. 2535 and S. 2536.
Together, the three bills would provide coordinated technical assistance
(S. 2535), research (S. 2536), and education (S. 2537) to improve the
natural resource capabilities of private lands. The American Forestry
Association's "areas of agreement" committee and a task force of the
Society of American Foresters brought diverse interests together.
Representatives of USDA forestry agencies participated in many of the
discussions.
The President, in his environmental Message of May 23, 1977, directed
the Secretary to study Federal programs and determine where improvements
could be made to encourage better management of America's private
forestands. The President asked that the study examine how technical
assistance and education could be used to improve the capability of
non-Federal forestlands to meet the Nation's need for wood, improve and
maintain fish and wildlife habitats, prevent and control environmental
pollution, and effectively disseminate forestry information.
The report was delivered to the President on September 13, 1977.
Relative to education, it said,
"Education programs inform landowners of opportunities for protecting
and managing their lands and of sources of assistance. They are
prerequisite to success in gaining wider participation in other
programs. They provide the owner a rational basis for deciding how to
manage his land."
S. 2537 would provide for educational programs to improve the
capability of non-Federal foreslands.
The cost involved in enacting S. 2537 for the first fiscal year and
each of the 5 fiscal years following would be included within the
overall extension authorization provided under section 1464 of Public
Law 95 113 if amendment 9 is accepted. The first year cost would be $5
million, the second $10 million, and $15 million in subsequent years.
There would be no regulatory impact on private businesses or
individuals.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
administration's program.
Sincerely,
/s/ BOB BERGLAND.
Secretary.
S. 2537 would provide for an expanded and comprehensive extension
program for forest and rangeland renewable resources. It would expand
the present effort which involves 180 forestry and wildlife ++EP++
specialists, 39 fisheries and aquaculture specialists, and about 80
other specialists supported by the Department of Commerce sea grant
program. % %
% %
Section 2 of S. 2537 lists the findings of Congress. Education can
also add to the value of forests and trees through teaching more
efficient utilization and marketing of renewable resources, and more
effective use and protection of trees in urban areas and in
shelterbelts.
Section 3 describes the educational programs that would be developed
by the Secretary in cooperation with State directors of cooperative
extension services and eligible colleges and universities. The
educational programs would cover a broad range of renewable resources
and a broad range of audiences. Extension educators would also help
identify needed renewable resources research. Other eligible colleges
and universities, in addition to the 1862 land grant universities, would
be included because they have some of the needed expertise by virtue of
their forestry research and teaching programs. Appropriate educational
methods would be used.
Section 4 would place responsibility for the State's renewable
resources extension program with the State director of cooperative
extension programs. In developing the educational programs, the director
would consult and seek agreement with those responsible for forestry
research and appoint and use one or more advisory committees. The
director would encourage cooperation between all renewable resource
agencies which operate within the State.
Section 5 would require the Secretary to prepare a 5-year renewable
resources extension program timed to coincide with the Resources
Planning Act (RPA) planning cycles. The plan would provide national
emphasis and direction as well as guidance to State directors. The
Secretary's 5-year plan would be based on the capabilities of private
forest and range lands for yielding renewable resources and relative
needs for such resources. The Secretary would also prepare an annual
report to Congress.
Section 6 would authorize $15 million for these educational programs
to be divided among the States according to the capabilities of their
private forest and rangeland for yielding renewable resources and
relative needs for such resources.
Section 7 is a sunset provision.
1. Page 1, lines 7 and 8, strike "Cooperative State Extension Service
of" substitute "extension activities in."
2. Page 4, add the following them after line 9,
(9) Provide information to consumers that will assist them in
selection, maintenance, and use of forest products.
This item would support the Congressional finding on page 2,
lines 13-18, that efficient utilization and marketing extends
resources.
3. Pages 4, lines 23 and 24, change "26 Stat. 417" to read "26 Stat.
417-419, as amended" and correct "238" to read "328".
4. Delete section 4 (a) and substitute the following,
"Sec. 4 (a) The chief administrative officers for extension, in
the eligible colleges and universities specified in section 3 (b)
of this act and the administrative technical representatives and
forestry representatives provided for by the Secretary in
implementation of the act of October 10, 1962 (76 Stat. 806; 16
U.S.C. ++EP++ 582a-582a-7), shall jointly develop, by mutual
agreement, a comprehensive State extension program for renewable
resources for their respective State to be submitted annually for
approval by the Secretary.
% %
% %
The National Agricultural Research and Extension Users Advisory
Board established pursuant to section 1408 of the Food and
Agriculture Act of 1977 (91 Stat. 988; 7 U.S.C. 3123) shall have
the responsibility to review and make recommendations to the
Secretary pertaining to programs conducted under this act. In
developing and carrying out this program, the eligible colleges
and universities shall encourage within each State close
cooperation between extension staffs at the county and State
levels, State forestry and renewable resource agencies and
planning committees, State and Federal research agencies which
have responsibilities associated with the processing or use of
renewable resources, and other appropriate agencies or
organizations."
In order to insure partnership and cooperation among the eligible
institutions of each State, it is essential that they jointly develop a
single comprehensive plan for the State by mutual agreement.
Making one institution responsible for developing, coordinating, and
administering the program, including the funds, subordinates all other
institutions. This violates the extension partnership established
between the 1890 and 1862 institutions by section 1444 of Public Law 95
113 (7 U.S.C. 3221). It also reduces the equity of the McIntire-Stennis
supported schools.
The amendment requires the eligible institutions to submit annually a
single plan for each State.
5. Page , lines 3 and 4, strike "each State director" and substitute
"the eligible colleges and universities in each State."
6. Page 6, strike lines 8 and 9, and substitute "and other
appropriate persons."
7. Page 6, line 21, strike "State directors" and substitute "eligible
colleges and universities."
8. Page 7, line 20, add the following before the period, "and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977 (91 Stat.
1408; 16 U.S.C. 2004)."
9. Page 8, delete lines 8 and 9 and the words "fiscal years" from
line 19, and substitute the following, "out this act such sums as may be
needed within the overall authorization provided under section 1464 of
the Food and Agriculture Act of 1977 (91 Stat. 1018; U.S.C. 3312) for
the purposes of carrying out the extension programs of the Department of
Agriculture."
This would keep the total funds authorized for extension programs in
any one year within the limits Congress established in Public Law
95-113, while allowing the targeting or focusing of resources on this
area.
10. Page 8, line 17, add the following before the period, "and the
periodic appraisal of land and water resources provided for in section 5
of the Soil and Water Resources Conservation Act of 1977 (91 Stat.
1408; 16 U.S.C. 2004)." ++EP++ % %
% %
In compliance with subsection 5 of rule XXIX of the Standing Rules of
the Senate, the committee makes the following evaluation of the
regulatory impact that would be incurred in carrying out S. 3035.
The bill is not a regulatory measure, in the sense of imposing
Government established standards or significant economic
responsibilities private individuals and business.
The principal purpose of the bill is to establish a program for the
dissemination of information on forest and renewable resources
management.
Some additional paperwork would be created for persons who seek to
receive benefits under the new program. However, the net economic impact
of the new program should be positive.
In accordance with section 252 of the Legislative Reorganization Act
of 1970, the committee estimate of the cost incurred by the Federal
Government as a result of the enactment of S. 3035 is ptrsented in the
following table,
The committee estimate is in accord with the cost estimate provided
by the Congressional Budget Office in a letter to Chairman Talmadge
dated May 11, 1978. That letter reads as follows,
Hon. HERMAN E. TALMADGE,
Chairman Committee on Agriculture, Nutrition, and Forestry, Russell
Senate Office Building, U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost estimate for S. 3035, the Renewable Resources Extension
Act of 1978.
Should the committee so desire, we would be pleased to provide
further details on the attached cost estimate.
Sincerely,
/s/ROBERT A. LEVINE, Deputy
Director. ++EP++
SRP SENATE REPORT
780515 (PART 1 OF 5)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3034
S REP 95-880
95TH CONG, 2ND SESS
78-5163-13
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 18)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1348 TO 1365)
SHORT EXPLANATION, COMMITTEE AMENDMENTS, BACKGROUND AND NEED FOR
LEGISLATION (PAGES 1 TO 3)
% %
% %
The Committee on Agriculture, Nutrition, and Forestry, to which was
referred the bill (S. 3034) to authorize and direct the Secretary of
Agriculture to carry out forest and rangeland renewable resources
research, to provide cooperative assistance for such research to States
and others, and for other purposes, having considered the same, reports
favorably thereon with an amendment, and an amendment to the title, and
recommends that the bill as amended do pass.
S. 3034 replaces the MeSweeney-McNary Act of 1928 with an up-dated
and expanded authority for the Secretary of Agriculture to implement
programs of forest and rangeland renewable resources research. The
major provisions of S. 3034 would --
(1) Authorize the Secretary of Agriculture to conduct forest
and rangeland renewable resources research, including
(a) management research,
(b) environmental research,
(c) resource protection research,
(d) resource utilization research, and
(e) resource assessment research,
(2) Direct the Secretary to perform, and keep current, a
comprehensive survey and analysis of the status of renewable
resources in the Nation's forests and rangelands, in order to
assure the availability of information for the periodic
assessments of forests and rangelands required under the Forest
and Rangeland Renewable Resources Planning Act of 1974, ++EP++
% %
% %
(3) Authorize the Secretary to establish and maintain a system
of experiment stations and other facilities for conducting
renewable resources research,
(4) Expand the Secretary's authority to acquire land and to
accept donated money and property for renewable resources
research,
(5) Establish a special fund in the U.S. Treasury for the
deposit of research donations,
(6) Provide the Secretary new authority to cooperate with
persons in foreign nations in renewable resources research.
(7) Authorize the Secretary to make competitive grants to
further the research activities under the bill,
(8) Authorize advances of funds to grantees and persons
cooperating with the Secretary in performing research under the
bill,
(9) Direct the Secretary to coordinate cooperative aid and
grants for research under the bill to avoid duplication of effort,
(10) Direct the Secretary to disseminate the information
developed from research conducted under, or supported by, the
bill,
(11) Authorize appropriations to implement the bill, with
moneys appropriated under the bill remaining available until
expended; and
(12) Repeal the McSweeney-Mcnary Act of 1928.
The committee amendment to the text of S. 3034 strikes all after the
enacting clause and inserts a substitute text that contains technical
and conforming changes made by the committee. The committee also
amended the title of the bill.
i.
Forest and rangeland renewable resources research by the Department
of Agriculture is conducted by almost 1,000 Forest Service scientists
located in eight regional experiment stations, a national forest
products laboratory, and three institutes of forestry -- one each
located in Alaska, Puerto Rico, and Hawaii. Each of the regional
experiment stations has several field laboratories, usually located on
the campuses of, and maintained in cooperation with, universities. The
field laboratories frequently experimental forests, ranges, watersheds,
and other areas maintained especially for research.
Planning and coordination of the research programs are conducted at
several levels within the Forest Service research organization.
Cooperators and users of research are actively involved in program
planning.
The primary statutory authority for forest and rangeland renewable
resources research by the Department of Agriculture is contained in the
Act of May 22, 1928, known as the McSweeney-Mcnary act. ++EP++ % %
% %
Over the years, the McSweeney-McNary Act has been complicated by a
series of amendments to meet needs in certain specific areas. In
addition, it has been supplemented by other legislation with respect to
renewable resources cooperative research and research grant, assistance.
The Act of April 6, 1956, is the authority now used for advances of
funds to universities and other organizations for cooperative research.
The Acts of September 6, 1958, and August 4, 1965, are the authorities
now used for advances of funds for grants for the conduct of basic and
applied research.
In short, the McSweeney-McNary Act is outdated and inadequate.
Although it has served forestry well, the changes during the last 50
years and the need for new direction in the research effort toward a
comprehensive, interdisciplinary basic and applied research program
require that it be substantially revised.
S. 3034 meets the need for a substantial revision of the
McSweeney-McNary Act. The bill represents a major effort on the part of
the Forest Service and the forestry, university, and conservation
communities to respond to the request of Chairman Herman E. Talmadge for
draft legislation to improve Federal programs that affect non-Federal
forests and rangelands.
S. 3034 would preserve the sound statutory base of the
McSweeney-McNary Act, but would also provide updated, clearer, more
specific language as the basis for a comprehensive, long-term program of
forestry research.
In addition, S. 3034 would benefit the Federal forestry research
effort by placing special emphasis on the need for increased cooperation
and coordination among Federal and State agencies, universities, private
interests, and other groups in forestry research.
Also, the bill will help improve the quality of forestry research
through competitive grants for forest and rangeland research.
S. 3034 will clarify some of the "gray areas" in the existing
forestry research authority. For example, the bill would make clear
that fish, estheties, recreation, and wilderness are resources
concerning which forestry research may be conducted, and that the scope
of forestry research extends to suburban and urban areas.
The importance of responsive and effective renewable resources
research is recognized by all. By updating the statutory authority for
this research, S. 3034 will provide a substantially better base for the
achievement of today's research goals. ++EP++
SRP SENATE REPORT
780515 (PART 2 OF 5)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3034
S REP 95-880
95TH CONG, 2ND SESS
78-S163-13
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 18)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1348 TO 1365)
SECTION-BY-SECTION ANALYSIS (PAGES 3 TO 6)
% %
% %
The first section provides that the bill may be cited as the "Forest
and Rangeland Renewable Resources Research Act of 1978."
Section 2 states that scientific discoveries and technological
advances must be made and applied to support the protection management
and utilization of the Nation's renewable resources and that the purpose
of the bill is to authorize the Secretary of Agriculture to carry out a
++EP++ comprehensive program of forest and rangeland renewable resources
research and dissemination of the findings of such research. % %
% %
This section also provides that the bill is to be considered
complementary to the policies and direction of the Forest and Rangeland
Renewable Resources Planning Act of 1974.
Section 3 provides revised comprehensive authority for the Secretary
of Agriculture to conduct, support, and cooperate in research into the
protection, management, and utilization of forest and rangeland
renewable resources in rural, suburban, and urban areas. It would
replace the authority contained in the Act of May 22, 1928, known as the
McSweeney-McNary Act. The section identifies five major areas of such
renewable resource research,
(1) Renewable resource management research, including research
into the activities of (a) managing, reproducing, planting, and
growing forest and rangeland vegetation for wood, forage, water,
fish and wildlife, estheties, recreation, wilderness, and other
products and purposes; (b) related activities such as diversified
agriculture, mining, transportation, and other industries; and
(c) developing alternatives to achieve effective use of the
multiple products and services of forests and rangelands.
(2) Renewable resource environmental research, including
research into areas such as waterflow conditions, erosion
controls, soil restoration, wildlife and fish habitat improvement,
air and water pollution abatement, other resource improvement ,
and weather, climate, and other environmental conditions affecting
forests and rangelands.
(3) Renewable resource protection research, including research
into protecting vegetation and other resources (including
endangered flora and fauna and wood products) from fire, insects,
diseases, noxious plants, animals, air pollutants, and other
agents through biological, chemical, and mechanical control
methods and systems; and protecting people, natural resources,
and property from fires in rural areas.
(4) Renewable resource utilization research, including research
into harvesting, transporting, processing, marketing,
distributing, and using wood and other materials derived from
renewable resources; recycling and full use of wood fiber; and
testing of forest products.
(5) Renewable resource assessment research, including research
into activities to develop and apply knowledge and technology
supporting the survey and analysis of forest and rangeland
resources provided for in this section.
Section 3 would require the Secretary to make and keep current a
comprehensive survey and analysis of forest and rangeland renewable
resources. This is a reenactment of the authority now contained in the
McSweeney-McNary Act, as amended by the Forest and Rangeland Renewable
Resources Planning Act of 1974. The survey and analysis would include a
determination of ways and means to balance the demand for and supply of
renewable resources. The survey and analysis would be carried and in
cooperation with appropriate officials of each State and private on
other entities. The survey and analysis would provide data and
information for the periodic Renewable Resource Assessment provided for
in the Forest and Rangeland Renewable Resource Planning Act of 1974.
++EP++ % %
% %
Section 4. -- Research facilities and cooperation
Section 4 would authorize the Secretary of Agriculture to establish
and maintain a system of forest and rangeland research facilities,
acquire land or interests in land (by lease, donation, purchase,
exchange, or otherwise) as necessary to implement the bill, accept,
hold, and administer gifts, donations, and bequests of money and
property to (a) establish or operate research facilities, and (b)
perform research under the bill; and , in implementing the bill,
cooperate with other agencies, institutions, and individuals, and other
countries. This section simplifes and clarifies the authority of the
McSweeney-McNary Act.
Gifts, donations, and bequests, or the proceeds thereof, would be
deposited in the Treasury in a special fund, Money in the fund not
needed for current operations could be invested in public debt
securities. Amounts could be expended from the fund as specified in
annual appropriation Acts, and would remain available until expended.
Section 4 would specifically authorize the Secretary to cooperate
with Federal, State, and other governmental agencies and private
agencies, institutions, businesses, individuals, and other countries in
implementing the bill. The Secretary would be authorized to receive
money and other contributions from cooperators, which would be credited
to the applicable appropriate or fund and remain available until
expended. The moneys would be accounted for as cooperative research
funds under accounting procedures now in use for such cooperative work.
In consolidating the Secretary's authority to receive contributions,
section 4 would repeal the following language contained in the
Department of Agriculture Appropriations Act, 1952,
Provided, That hereafter funds may be received from any State,
other political subdivision, organization, or individual for the
purpose of establishing or operating any forest research facility
located within the United States, its Territories, or Possessions.
Section 5 would authorize the Secretary of Agriculture to make
competitive grants to Federal, State, and local governmental agencies,
public or private agencies, institutions, businesses, and individuals
for the purpose of furthering research activities authorized under the
bill. The objective of such grants would be to focus research expertise
on research activities related to forest and rangeland resources.
Grants would be made at the discretion of the Secretary, after publicly
soliciting proposals, and the Secretary could reject any or all
proposals received.
Section 6 would authorize the Secretary of Agriculture to make
advances of funds to cooperators and grantees under the bill.
The Secretary would be required to coordinate aid and grants under
the bill with grants the Secretary makes under other authorities of law,
and to disseminate research knowledge and technology developed under the
bill. ++EP++ % %
% %
In implementing the bill, the Secretary would be required to seek the
best available scientific skills from a variety of disciplines, a proper
mixture of short-term and long-term research, and a proper mixture of
basic and applied research; avoid unnecessary duplication, coordinate
activities under section 6 with other Federal agencies, experiment
stations, State extension services, State forestry officials, forestry
schools, and private research organizations; and encourage the
development, employment, retention, and exchange of qualified
scientists.
Section 6 states that the bill will be construed as supplementing all
other laws relating to the Department of Agriculture and will not be
construed as limiting or repealing any existing law or authority of the
Secretary, except as specifically cited in the bill.
Section 6 would define the terms "United States" and "States" to
include the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and the territories and possessions of the united
States.
Section 7 would authorize annual appropriations of such sums as may
be needed to implement the bill. Money appropriated would remain
available until expended.
and Coordination
Section 8 would repeal the McSweeney-McNary Act. Contracts and
cooperative and other agreements under the McSweeney-McNary Act would
remain in effect until revoked or amended by their own terms or under
other provisions of law.
Section 8 would authorize the Secretary of Agriculture to issue such
rules and regulations to carry out the bill and to coordinate the bill
with title XIV of the Food and Agriculture Act of 1977, which
establishes a national food and agriculture research, extension, and
teaching program that includes forestry.
Funds appropriated under the McSweeney-McNary Act would be available
for expenditure for the programs authorized under this bill.
Section 9 provides that the bill will become effective October 1,
1978. ++EP++
SRP SENATE REPORT
780515 (PART 3 OF 5)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3034, S 1426, S 1630, S 1856, HR 8020, HR 8021, HR 8022, S 2535, S
2536, S 2537, S 3033, S 3035
S REP 95-880
95TH CONG, 2ND SESS
78-S163-13
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 18)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1348 TO 1365)
COMMITTEE CONSIDERATION, ADMINISTRATION VIEWS WITH ONE LETTER
EMBEDDED (PAGES 6 TO 13)
% %
% %
In 1976, following enactment of the National Forest Management Act,
Senator Herman E. Talmadge, Chairman of the Committee on Agriculture,
Nutrition, and Forestry, wrote to the Chief of the Forest Service
regarding forestry on non-Federal lands. In that letter Chairman
Talmadge concluded that the enactment of the National Forest Management
Act had resolved most of the competitive disputes surrounding Federal
forest lands, but that neither the 1976 Act nor the Forest and Rangeland
Renewable Resources Planning Act of 1974 had properly addressed the
problems of resource management on, and timber supply from, the 296
million acres of nonindustrial private forest and rangelands. ++EP++ % %
% %
Chairman Talmadge asked the Forest Service for legislative drafting
service in developing a bill to use cooperative forest management,
research, and extension to increase the benefits from these lands.
The Forest Service responded to this request. State foresters,
researchers, and extension personnel were brought to a 2-day seminar in
Washington to discuss how to deal with the Chairman's request. From
that meeting, a bill was developed containing separate titles for
cooperative forest management, research, and extension.
The Chairman then asked the Society of American Foresters, the
American Forestry Association, and various elements of the timber
industry to comment on the bill and attempt to improve it. This
improvement process took all of 1977 and continued into 1978.
On April 29, 1977, Senator Jacob Javits of New York introduced S.
1426, to authorize the Secretary of Agriculture to make grants to States
for urban forestry.
On June 7, 1977, Senators Hubert Humphrey and John Stennis introduced
S. 1630, which was the research title of the bill developed by the
Forest Service.
On July 14, 1977, Senator Mark Hatfield introduced S. 1856, a bill to
provide for a cooperative forest resources extension program.
These three bills were among the focal points around which the
consideration of nonindustrial forest management revolved.
On June 24, 1977, Congressman James Weaver, Chairman of the Forestry
Subcommittee of the House Agriculture Committee, decided to divide the
Forest Service draft bill into its three parts and introduced the
legislation as H.R. 8020 (cooperative forest management), H.R. 8021
(forest and rangeland research), and H.R. 8022 (renewable resources
extension). The Congressman indicated at the time he introduced the
bills that he was doing so to get a broader dissemination of what was in
the legislation so that many more people could help to improve the
bills.
Subsequently, the Forestry Subcommittee held extensive hearings on
the legislation, both in Washington and throughout the Nation.
Meanwhile, working under the request from Chairman Talmadge, the
Society of American Foresters joined with Resources for the Future to
hold a workshop on policy alternatives for nonindustrial private
forests. A book was published from the 3-day workshop that was helpful
to the Committee on Agriculture, Nutrition, and Forestry in examining
its policy options.
The Society is continuing its examination of practical initiatives to
encourage more timber production on the nonindustrial lands.
On February 10, 1978, Senator Patrick Leahy introduced S. 2535
(cooperative forest management); S. 2536 (forest and rangeland
research); and S. 2537 (renewable resources extension). On April 17,
1978, Senator Leahy reintroduced the text of S. 2535, with amendments,
to conform the bill more closely to a bill reported by the Forestry
Subcommittee of the House Committee on Agriculture.
On May 3, 1978, Senator Leahy reintroduced the legislation in another
attempt to conform the language of the legislation with changes being
made by the House Committee. These bills were S. 3033 (cooperative
forest management), S. 3034 (forest and rangeland research), and S. 3035
(renewable resources extension). ++EP++ % %
% %
On May 10, 1977, the Committee on Agriculture, Nutrition, and
Forestry meeting in Executive session, unanimously ordered reported S.
3033, S. 3034, and S. 3035.
ADMINISTRATION VIEWS
In a letter to Chairman Talmadge dated April 21, 1978, the Secretary
of Agriculture stated that the administration supported the enactment of
S. 2536, with several suggested amendments. The text of S. 3034
contains many of the provisions of S. 2536, and incorporates several of
the amendments suggested by the administration.
The letter from the Secretary, with a supplemental statement, reads
as follows,
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture, Nutrition and Forestry
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: As you requested, here is our report on S. 2536,
a bill "To authorize and direct the Secretary of Agriculture to carry
out forest and rangeland renewable resources research, to provide
cooperative forest resources assistance to States and others, and for
other purposes."
The Department of Agriculture recommends that S. 2536 be enacted, if
amended as recommended in the enclosed supplemental statement.
S. 2536 would add a new title II to the Forest and Rangeland
Renewable Resources Planning Act of 1974 (88 Stat. 476, as amended; 16
U.S.C. 1600 et seq.). The new title would provide a revised
comprehensive authority for forest and rangeland research within the
Department of Agriculture. Our current forestry research authority, the
McSweeney McNary Act of 1928 (45 Stat. 699, as amended 16 U.S.C. 581,
581a, 5811, 581i), would be repealed. The authority for the forest
survey now provided by the McSweeney-McNary Act would become part of the
Forest and Rangeland Renewable Resources Planning Act of 1974. The bill
would authorize the appropriation of such sums as might be needed, and
money appropriated would remain available until expended.
The text of S. 2536 evolved early in 1977 as representatives of
forestry schools, conservation organizations, forest industries, State
forestry agencies, State extension services, and others worked together
to develop a bill which would update the 50-year-old authority now
provided by the McSweeney McNary Act. Much of the effort to reach an
agreement among diverse interests was coordinated by an "areas of
agreement" committee sponsored by the American Forestry Association and
by a task force appointed by the Society of American Foresters,
Representatives of the Forest Service, the Cooperative State Research
Service, and the Extension Service participated in many of the
discussions which led to S. 2536. While some minor differences may
remain on certain details, we believe S. 2536 represents a strong
concensus among the forestry community.
S. 2536 would not of itself require an increase in forestry research
expenditures for the Department of Agriculture, because the existing
++EP++ authorization for the appropriation of such sums as may be needed
would be continued. % %
% %
Although the existing authorization ceiling of $20 million annually
for the forest survey would be eliminated, that change would not
necessarily require a change in expenditures for the forest survey.
The enclosed supplemental statement summarizes the clarifications and
other improvements in our authority to conduct forest and rangeland
renewable resources research which would result from the enactment of S.
2536. The statement also presents our recommended amendments which are
largely of a technical nature.
The Office of Management and Budget advises that there is no
objection to the presentation of this report, and that enactment of S.
2536 would be consistent with the Administration's objectives.
Sincerely,
/s/BOB BERGLAND,
Secretary.
Enclosure.
General
S. 2536 relies heavily upon many basic provisions of the
McSweeney-McNary Act (45 Stat. 699, as amended; 16 U.S.C. 581, 581a,
581b-581i) which has provided the authority for in-house forestry
research within the Department of Agriculture since 1928. Although the
McSweeney McNary Act has generally served very well, the past 50 years
have brought changes in forestry research needs that are not adequately
reflected in the 1928 Act. S. 2536 contains updated, clearer, and more
specific language that would provide the basis for a long-term,
comprehensive forestry research program.
Special emphasis is correctly placed on the need for increased
coordination and cooperation among Federal, State, private, and other
groups involved in forestry research.
As a new title to the Forest and Rangeland Renewable Resources
Planning Act (88 Stat. 476, as amended; 16 U.S.C. 1600 et seq.), the
Forest Service research program would be more visibly and directly tied
to the overall assesment, program, and planning processes required by
that Act.
The Secretary of Agriculture would be authorized and directed to
carry out a comprehensive program of forest and rangeland renewable
resources research dand research dissemination that would include, but
not be limited to, five major areas: (1) Renewable resource management
research, (2) Renewable resource environmental research, (3) Renewable
resource protection research, (4) Renewable resource utilization
research, and (5) Renewable resource assessment research. The bill
outlines specific subjects and activities which could be included within
each of the five major areas.
Here are examples of the clarifications that would result from the
bill,
1. While the McSweeney-McNary Act speaks to "obtaining the fullest
and most effective use of forest lands", the bill speaks to "protecting,
++EP++ managing and utilizing forest and rangeland renewable resources
in rural, suburban, and urban areas." (Lines 19-20, page 2.) % %
% %
2. While not specifically mentioned in the McSweeney-McNary Act, the
bill makes it clear that fish, esthetics, recreation, and wilderness are
additional resources for which forest and rangeland research is
conducted. (Line 4, page 3.)
3. While the McSweeney-McNary Act authorizes studies of the
"relationship of weather conditions to forest fires", the bill would
authorize activities related to "understanding, predicting, and
modifying weather, climatic, and other environmental conditions that
affect the protection and management of forests and rangelands." (Lines
14-16, page 3.)
4. While the McSweeney-McNary Act authorizes studies of "forest
insects, forest trees diseases and wood decay", the bill includes
"noxious plants, animals, air pollutants, and other agents" within the
scope of resource protection research. (Lines 20-21, page 3.)
5. While the McSweeney-McNary Act speaks to "protecting timber and
other forest growth from fire", the bill speaks to "protecting people,
natural resources, and property from fires in rural areas." (Lines
23-24, page 3.)
6. While the McSweeney-McNary Act authorizes a survey and analysis of
forest and rangeland renewable resources, it does not, as the bill would
do, authorize research into the survey and analysis process itself.
(Lines 13-17, page 4.)
The Secretary would be authorized to establish and maintain a system
of experiment stations, experimental areas, and other forest and
rangeland research facilities. Although the McSweeney-McNary Act
contains a list of authorized experiment stations, the Act also provides
that the stations are to be maintained at the discretion of the
Secretary. Thus, the first sentence of section 202(a) would simplify
existing law without changing its basic effect. (Lines 19-22, page 4.)
The Secretary could acquire land or interests in land needed for the
research program. A similar authority in the McSweeney-McNary Act
applies only to the authorization for a Great Plains Forest Experiment
Station. This authority would be desirable although it would probably
be little used since most Forest Service research facilities are, and
will continue to be, on existing Federal land or on land owned by
universities and other cooperators. The bill would clearly authorize
the use of donated funds for land acquisition and the acceptance of
donated land. (Lines 22-25, page 4 and line 1-3, page 5.)
The Secretary could also accept "money and other contributions" to
establish or operate forest and rangeland research facilities. This
provision would extend the authority in the Act of August 31, 1951 (65
Stat. 233; 16 U.S.C. 581a-1), which authorizes the acceptance of
"funds" for the same purposes. See recommended amendments later in this
statement. (Lines 3-7, page 5.)
While the McSweeney-McNary Act restricts foreign cooperation to the
collection, investigation, and testing of foreign woods, the bill would
authorize full cooperation with others in the United States and in other
countries. This provision would strengthen existing cooperative
relationships and clarify the Secretary's authority to participate
++EP++ in cooperative forestry research activities in other countries.
(Lines 8-12, page 5.) % %
% %
The Secretary could continue to accept money and other contributions
from cooperators. Money contributions from cooperators would continue
to go into a special Treasury fund that would be appropriated and made
available until expended. The McSweeney-McNary Act contains a similar
provision. (Lines 12-19, page 5.)
In addition to more general granting authorities, the Secretary would
be specially authorized to make competitive grants to further forest and
rangeland renewable resources research. This provision would add
flexibility by encouraging the timely and coordinated involvement of
highly qualified scientists as needed to work on particular research
opportunities. The Secretary could call upon top scientists, in other
governmental agencies, in private industries and institutions, at
universities, or as individuals to carry out activities on an ad hoe
basis that would supplement research conducted in-house by the Forest
Service. (Line 20, page 5 to line 8, page 6.)
While the grants would be of a competitive nature, more than dollar
cost would be considered. Thus, the Secretary could consider
qualitative, administrative, and other factors he deemed necessary. He
could also reject all grant proposals if he determined it in the public
interest to do so. (Lines 8-17, page 6.)
This section contains several general guidelines and policies that
the Secretary would be required to follow. Many of the concepts
expressed in this section appear to respond to the findings and
recommendations of the House Committee on Science and Technology during
the 94th Congress. The committee report, issued as a committee print in
August 1976, resulted from the Special Oversight Review of Agricultural
Research and Development held in 1975. In addition to authorizing the
advance of funds to cooperators, directing the dissemination of
knowledge developed, and requiring close coordination of cooperative aid
and grant programs, the bill includes desirable policy guidelines
related to (1) using the best available scientific skills from a wide
variety of disciplines; (2) properly mixing short-term and long-term
research and basic and applied research; (3) avoiding unnecessary
duplication and coordinating forest and rangeland research; and (4)
improving the professional and scientific quality of forest and
rangeland research. (Line 18, page 6 to line 15, page 8.)
With regard to the dissemination of research information, the
Secretary would be directed to coordinate such activities within USDA
and with other Federal agencies, State agricultural experiment stations,
State extension services, State foresters and other appropriate State
officials, forestry schools, and private research organizations. (Lines
18-24, page 7.)
This section would authorize the appropriation of such sums as may be
needed, and money appropriated would be available until expended. ++EP++
% %
% %
Currently, under the McSweeney-McNary Act, there is no authorization
ceiling, but funds are available only during the year for which they are
appropriated. The "no-year" provision would increase the Secretary's
ability to plan for and fund long-term research projects, and to respond
more quickly to unforeseen research needs. Although McSweeney-McNary
contains several specific dollar authorizations, none of them have been
applicable since fiscal year 1939. (Lines 16-21, page 8.)
In addition to the five sections (201-205) which would make up a new
research title II within the Forest and Rangeland Renewable Resources
Planning Act, the bill contains two other provisions affecting forest
and rangeland renewable resources research.
1. The McSweeney-McNary Act of 1928 would be repealed in its
entirety. Assuming sections 201-205 are enacted, this repeal would be
desirable. (Lines 22-24, page 9.)
2. The authority now provided by section 9 of the McSweeney-McNary
Act regarding the forest and rangeland survey would become a part of
section 3 (redesignated as section 103) of the Forest and Rangeland
Renewable Resources Planning Act. This is a technical amendment made
necessary by the repeal of the McSweeney-McNary Act. The bill would
also change the survey authorization from $20 million annually to such
sums as needed, available until expended. This change would be
consistent with the appropriations authorization for the rest of the
research program. (Lines 1-21, page 9.)
1. Amend the title of the bill to read: "To authorize and direct the
Secretary of Agriculture to carry out forest and rangeland renewable
resources research, and for other purposes." The bill does not deal with
"cooperative forest resources assistance to States and others" as the
current title implies.
2. On page 2, lines 10 and 11 delete the phrase "and direct." On line
15 delete the phrase "and directed." We feel authorization of these
research programs is adequate and that the additional direction to
conduct the programs is superfluous.
3. Insert a period after "Secretary" and delete "not specifically
repealed" in line 9, page 8. The new title proposed by S. 2536 would
not repeal any existing law, and thus the words "not specifically
repealed" would be inaccurate and confusing. The repeal of the
McSweeney-McNary Act is technically a separate item which is not within
the proposed new title.
4. On page 8, lines 13, 15, delete all after "Islands" on line 13 and
substitute in lieu thereof the following: "the territories and
possessions of the United States and the trust territory of the Pacific
Islands."
A proviso in title 1 of the Act of August 31, 1951 (65 Stat. 233; 16
U.S.C. 581a 1) provides that "funds may be received (by the Secretary
++EP++ of Agriculture) from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any forest research facility located within the United States, its
Territories, or possessions." (Italic added.) % %
% %
This is a valuable authority, since it is not uncommon for the
Secretary to receive unsolicited donations and bequests for forestry
research purposes. However, the authority suffers from two limitations.
First, real property, equipment, and other nonmonetary contributions
cannot be accepted, because they are not "funds." Second, the donations
cannot be used for scholarships, fellowships, stipends for visiting
lecturers, travel, or other research purposes not directly related to
"establishing or operating" a research facility.
The last sentence of the proposed section 202(a) in S. 2536 would
remove the first limitation by authorizing the acceptance of "money and
other contributions." However, the bill would not remove the other
limitation. Therefore, we recommend the following amendments,
(1) Delete the last sentence of the proposed section 202(a).
(2) Insert a new section 202(b) as follows,
"(b) In carrying out this title, the Secretary is authorized to
accept, hold, and administer gifts, donations, and bequests of money,
real property, or personal property from any source not otherwise
prohibited by law and to use such gifts, donations, and bequests to (1)
establish or operate any forest and rangeland research facility within
the United States or (2) to carry out any forest and rangeland renewable
resource research activity authorized by this title. Any money
contributions received under this subsection shall be credited to the
applicable appropriation to be used for the same purposes and shall
remain available until expended."
(3) Redesignate the proposed section 202(b) as section 202(c).
(4) Lines 14-19. Strike the last sentence of redesignated subsection
(c) and insert in lien thereof the following: "Any money contributions
received under this subsection shall be credited to the applicable
appropriation to be used for the same purposes and shall be made
available until expended as the Secretary may direct for use in
conducting the research activities authorized by this title and in
making refunds to contributors."
(5) Insert a new subsection (d) as follows,
"(d) The paragraph headed 'Forest research:' under the center heading
'FOREST SERVICE' and the center subheading 'SALARIES AND EXPENSES' of
title 1 of the Department of Agriculture Appropriation Act, 1952 (65
Stat. 233; 16 U.S.C.581a-1) is amended by inserting a period
immediately after the figure '$5,108,603' and by striking all that
follows in that paragraph." ++EP++
SRP SENATE REPORT
780515 (PART 4 OF 5)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3034
S REP 95-880
95TH CONG, 2ND SESS
78-S163-13
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 18)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1348 TO 1365)
REGULATORY IMPACT EVALUATION, COST ESTIMATE WITH ONE LETTER EMBEDDED
(PAGES 13 TO 14)
% %
% %
In compliance with subsection 5 of rule XXIX of the Standing Rules of
the Senate, the committee makes the following evaluation of the
regulatory impact that would be incurred in carrying out S. 3034.
The bill is not a regulatory measure, in the sense of imposing
Government-established standards or significant economic
responsibilities on private individuals and business. ++EP++ % %
% %
The bill is designed to simplify and update the existing research
authority of the U.S. Forest Service. The bill should not result in any
additional regulation or paperwork. In fact, the bill should lessen the
regulatory impact of the forestry research program by improving the
procedures involved in the program.
In accordance with section 252 of the Legislative Reorganization Act
of 1970, the committee estimates that there would be no additional cost
incurred by the Federal Government as a result of the enactment of this
legislation, although it does remove the current $20 million
authorization ceiling.
The committee estimate is in accord with the cost estimate provided
by the Congressional Budget Office in a letter to Chairman Talmadge
dated May 11, 1978. That letter reads as follows,
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has reviewed S.
3034, the Forest and Rangeland Renewable Resources Research Act of 1978,
as ordered reported by the Senate Committee on Agriculture, Nutrition
and Forestry, May 10, 1978.
Based on this review, it appears that no significant cost to the
government would be incurred as a result of enactment of this bill.
However, the bill removes the existing $20 million ceiling on
appropriations for forest survey, and thereby makes it possible that a
higher level of funding may be provided at some point in time.
Sincerely,
/s/ROBERT A. LEVINE,
Deputy Director.
The Department of Agriculture also furnished a cost estimate on the
bill. See the letter to Chairman Talmadge dated April 21, 1978, which
is printed in the section of this report entitled "Administration
Views." ++EP++
SRP SENATE REPORT
780515 (PART 5 OF 5)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3034
S REP 95-880
95TH CONG, 2ND SESS
78-S163-13
FOREST AND RANGELAND RENEWABLE RESOURCES RESEARCH ACT OF 1978 (PAGES
1 TO 18)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1348 TO 1365)
CHANGES IN EXISTING LAW, THE ACT OF MAY 22, 1928, DEPARTMENT OF
AGRICULTURE APPROPRIATION ACT, 1952 (PAGES 14 TO 18)
% %
% %
In compliance with subsection 4 of rule XXIX of the Standing Rules of
the Senate, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in which no
change is proposed is shown in roman:) ++EP++ % %
% %
(Known as the McSweeney-McNary Act: 45 Sat. 699-702; 16 U.S.C. 581,
581a, 581a-1, 581b-581i)
AN ACT To insure adequate supplies of timber and other forest
products for the people of the United States, to promote the full use
for timber growing and other purposes of forest lands in the United
States, including farm wood lots and those abandoned areas not suitable
for agricultural production, and to secure the correlation and the most
economical conduct of forest research in the Department of Agriculture,
through research in reforestation, timber growing, protection,
utilization, forest economics, and related subjects, and for other
purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Agriculture is hereby authorized and directed to conduct such
investigations, experiments, and tests as he may deem necessary under
sections 2 to 10, inclusive, in order to determine, demonstrate, and
promulgate the best methods of reforestation and of growing, managing,
and utilizing timber, forage, and other forest products, of maintaining
favorable conditions of water flow and the prevention of erosion, of
protecting timber and other forest growth from fire, insects, disease,
or other harmful agencies, of obtaining the fullest and most effective
use of forest lands, and to determine and promulgate the economic
considerations which should underlie the establishment of sound polices
for the management of forest land and the utilization of forest
products: Provided, That in carrying out the provisions of this Act the
Secretary of Agriculture may cooperate with individuals and public and
private agencies, organizations, and institutions, and, in connection
with the collection, investigation, and tests of foreign woods, he may
also cooperate with individuals and public and private agencies,
organizations, and institutions in other countries; and receive money
contributions from cooperators under such conditions as he may impose,
such contributions to be covered into the Treasury as a special fund
which is hereby appropriated and made available until expended as the
Secretary of Agriculture may direct, for use in conducting the
activities authorized by this Act, and in making refunds to
contributors: Provided further, That the amounts specified in sections
2,3,4,5,6,7,8, and 10 of this Act are authorized to be appropriated up
to and including the fiscal year 1938, and such annual appropriations as
may thereafter be necessary to carry out the provisions of said sections
are hereby authorized: Provided further, That during any fiscal year
the amounts specified in sections 3,4, and 5 of this Act making
provision for investigations of forest tree and wood diseases, forest
insects and forest wild life, respectively, may be exceeded to provide
adequate funds for special research required to meet any serious public
emergency relating to epidemics: And provided further, That the
provisions of this Act shall be construed as supplementing all other
Acts relating to the Department of Agriculture, and except as
specifically provided shall not limit or repeal any existing legislation
or authority.
SEC. 2. That for conducting fire, silvicultural, and other forest
investigations and experiments the Secretary of Agriculture is hereby
authorized, in his discretion, to maintain the following forest
experiment ++EP++ stations for the regions indicated, and in addition to
establish and maintain one such station for the Intermountain region in
Utah and adjoining States, one in Alaska, and one in the tropical
possessions of the United States in the West Indies, % %
% %
Northeastern forest experiment station, in New England, New York, and
adjacent States,
Allegheny forest experiment station, in Pennsylvania, New Jersey,
Delaware, Maryland, and in neighboring States,
Appalachian forest experiment station, in the southern Appalachian
Mountains and adjacent forest regions,
Southern forest experiment station, in the Southern States,
Central States forest experiment station, in Ohio, Indiana, Illinois,
Kentucky, Missouri, Iowa, and adjacent States,
Lake States forest experiment station, in the Lake States and
adjoining States,
California forest experiment station, in California and in adjoining
States,
Northern Rocky Mountain forest experiment station, in Idaho, Montana,
and adjoining States,
Northwestern forest experiment station, in Washington, Oregon, and
adjoining States, and in Alaska,
Rocky Mountain forest experiment station, in Colorado, Wyoming,
Nebraska, South Dakota, and in adjacent States; and
Southwestern forest experiment station, in Arizona, and New Mexico,
and in adjacent States, and in addition to establish and maintain one
such station for the intermountain region of Utah and adjoining States,
one for Alaska, one in Hawaii, and one in the tropical possessions of
the United States in the West Indies, and one additional station in the
Southern States.
There is hereby authorized to be appropriated annually out of any
money in the Treasury not otherwise appropriated, not more than
$1,000,000 to carry out the provisions of this section.
The Secretary of Agriculture is further authorized to establish and
maintain a forest experiment station in the Great Plains and prairie
States, to be known as the "Great Plains Forest Experiment Station", and
to acquire by purchase, condemnation, donation, or otherwise such real
property or interest therein as in his judgment is required for the use
of said station, including the making of necessary expenditures in
examining, appraising, and surveying any such property and in doing all
things incident to perfecting title thereto in the United States. There
is authorized to be appropriated annually such additional sums as may be
required for the purposes of this paragraph.
SEC. 3. That for investigations of the diseases of forest trees and
of diseases causing decay and deterioration of wood and other forest
products, and for developing methods for their prevention and control at
forest experiment stations, the Forest Products Laboratory, or
elsewhere, there is hereby authorized to be appropriated annually, out
of any money in the Treasury not otherwise appropriated, not more than
$250,000.
SEC. 4. That for investigations of forests insects, including gypsy
and browntail moths, injurious or beneficial to forest trees or to wood
++EP++ or other forest products, and for developing methods for
preventing and controlling infestations, at forest experiment stations,
the Forest Products Laboratory, or elsewhere, there is hereby authorized
to beappropriated annually, out of any money in the Treasury not
otherwise appropriated, not more than $350,000. % %
% %
SEC. 5. That for such experiments and investigations as may be
necessary in determining the life histories and habits of forest
animals, birds, and wild life, whether injurious to forest growth or of
value as supplemental resource, and in developing the best and most
effective methods for their management and control at forest experiment
stations, or elsewhere, there is hereby authorized to be appropriated
annually, out of any money in the Treasury not otherwise appropriated,
not more than $150,000.
SEC. 6. That for such investigations at forest experiment stations,
or elsewhere, of the relationship of weather conditions to forest fires
as may be necessary to make weather forecasts, there is hereby
authorized to be appropriated annually, out of any money in the Treasury
not otherwise appropriated, not more than $50,000.
SEC. 7. That for such experiments and investigations as may be
necessary to develop improved methods of management, consistent with the
growing of timber and the protection of watersheds, of forest ranges and
of other ranges adjacent to the national forests, at forest or range
experiment stations, or elsewhere, there is hereby authorized to be
appropriated annually, out of any money in the Treasury not otherwise
appropriated, not more than $275,000.
SEC. 8. That for experiments, investigations, and tests with respect
to the physical and chemical properties and the utilization and
preservation of wood and other forest products, including tests of wood
and other fibrous material for pulp and paper making, and such other
experiments, investigations, and tests as may be desirable, at the
Forest Products Laboratory or elsewhere, there is hereby authorized to
be appropriated annually, out of any money in the Treasury not otherwise
appropriated, not more than $1,000,00, and an additional appropriation
of not more than $50,000 annually for similar experiments,
investigations, and tests of foreign woods and forest products important
to the industries of the United States, including necessary field work
in connection therewith.
SEC. 9. The Secretary of Agriculture is hereby authorized and
directed to make and keep current a comprehensive survey and analysis of
the present and prospective conditions of and requirements for the
renewable resources of the forest and range lands of the United States,
its territories and possessions, and of the supplies of such renewable
resources, including a determination of the present and potential
productivity of the land, and of such other facts as may be necessary
and useful in the determination of ways and means needed to balance the
demand for and supply of these renewable resources, benefits and uses in
meeting the needs of the people of the United States. The Secretary
shall carry out the survey and analysis under such plans as he may
determine to be fair and equitable, and cooperate with appropriate
officials of each State, territory, or possession of the United States,
and either through them or directly with private or other agencies.
There is authorized to be appropriated not to exceed $20,000,000 in any
fiscal year to carry out the purposes of this section. ++EP++ % %
% %
(SEC. 10. That for such investigations of costs and returns and the
possibility of profitable reforestation under different conditions in
the different forest regions, of the proper function of timber growing
in diversified agriculture and in insuring the profitable use of
marginal land, in mining, transportation, and in other industries, of
the most effective distribution of forest products in the interest of
both consumer and timber grower, and for such other economic
investigations of forest lands and forest products as may be necessary,
there is hereby authorized to be appropriated annually, out of any money
in the Treasury not otherwise appropriated, not more than $250,000.)
AN ACT making appropriations for the Department of Agriculture for
the fiscal year ending June 30, 1952, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Agriculture for the fiscal year
ending June 30, 1952, namely,
Forest research: For forest research at forest or range experiment
stations, the Forest Products Laboratory, or elsewhere, in accordance
with the provisions of sections 1,2,7,8,9, and 10 of the Act approved
May 22, 1928, as amended (16 U.S.C. 581, 581a, 581f-581i), including the
construction and maintenance of improvements; fire, silvicultural,
watershed, and other forest investigations and experiments,
investigations and experiments to develop improved methods of management
of forest and other ranges; experiments, investigations, and tests of
forest products; a comprehensive forest survey; and investigations in
forest economics; $5,108,603. (Provided, That hereafter funds may be
received from any State, other political subdivision, organization, or
individual for the purposes of establishing or operating any forest
research facility located within the United States, its Territories, or
possessions.) ++EP++
SRP SENATE REPORT
780515 (PART 1 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
SHORT EXPLANATION, SUMMARY OF MAJOR PROVISIONS, COMMITTEE AMENDMENTS
(PAGES 1 TO 3)
% %
% %
The Committee on Agriculture, Nutrition, and Forestry, to which was
referred the bill (S. 3033) to authorize and direct the Secretary of
Agriculture to provide cooperative forestry assistance to States and
others, and for other purposes, having considered the same, reports
favorably thereon with an amendment, and an amendment to the title, and
recommends that the bill as amended do pass.
S. 3033 consolidates in one statute and clarifies the authorities for
several existing cooperative forestry assistance programs now contained
in seven separate statutes, which are administered by the Secretary of
Agriculture. These existing authorities would be repealed.
The major provisions of S.3033 would --
(1) establish congressional policy regarding the desirability
of a cooperative Federal and State effort to maintain and improve
non-Federal forest lands,
(2) separate the existing cooperative forestry technical
assistance programs of the Department of Agriculture between rural
and urban areas, and strengthen the role of the State foresters in
implementing these programs,
(3) continue the forestry incentives cost-share program, and
strengthen the role of State foresters in implementing this
program, ++EP++
% %
% %
(4) increase the acreage limitation in the forestry incentives
cost share program from 500 to 1,000 acres (and to 5,000 acres if
significant public benefits will accrue from the cost sharing),
(5) eliminate the $25 million annual appropriation limit on the
forestry incentives program,
(6) continue the forestry insect and disease control program,
and expand it to include protection of wood products, stored wood,
and wood in use,
(7) continue the cooperation in forest fire control and rural
community fire protection programs and direct that these programs
be coordinated with the programs of the Department of Commerce
under the Federal Fire Prevention and Control Act of 1974,
(8) establish a rural fire disaster fund that would be
available to the Secretary to assist States in dealing with rural
fire emergencies,
(9) establish programs of management assistance, planning
assistance, and technology implementation for State foresters,
(10) permit States, upon development of a State forestry plan,
to consolidate individual Federal cooperative forestry program
grants (except for forestry incentive cost share payments and
payments from any special Treasury fund) into a single annual
grant -- to be matched by the State. The use of consolidated
payments could not, of itself, reduce the total amount of
financial assistance that would otherwise be available to a State
under existing procedures,
(11) provide that the cooperative forestry programs are to be
administered to complement the related activities of the Forest
Service and other agencies of the Department of Agriculture,
(12) require the Secretary to consult with a committee composed
of not less than five State foresters or equivalent officials,
selected by the State foresters and equivalent State officials, in
making determinations regarding (a) requirements for the
development of State forest resources programs and State
participation in management and planning assistance and technology
implementation, (b) apportionment of program funds among States,
(e) administrative expenses in connection with programs under the
bill, and (d) amounts to be expended to assist non-State
cooperators under the bill,
(13) expand the scope of the annual report to Congress required
under the Forest and Rangeland Renewable Resources Planning Act of
1974 to include a report on the status of the cooperative forestry
programs under the bill,
(14) provide general authorizations for appropriations for the
cooperative forestry programs under the bill and make cooperative
forestry program funds available until expended; and
(15) repeal
(a) Sections 1 through 4 of the Act of June 7, 1924, known as
the Clarke McNary Act,
(b) the Act of April 26, 1940, known as the White Pine Blister
Rust Protection Act, ++EP++
% %
% %
(c) the Forest Pest Control Act,
(d) the Cooperative Forest Management Act,
(e) section 401 of the Agricultural Act of 1956,
(f) title IV of the Rural Development Act of 1972; and
(g) section 1009 and the proviso to section 1010 of the
Agricultural Act of 1970, as added by the Agriculture and
Consumer Protection Act of 1973.
The committee amendment to the text of S. 3033 strikes all after the
enacting clause and inserts a substitute text that contains technical
and conforming changes made by the committee. The committee also
amended the title of the bill. ++EP++
SRP SENATE REPORT
780515 (PART 2 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
BACKGROUND AND NEED FOR LEGISLATION (PAGES 3 TO 9)
% %
% %
Private and non-Federal public forest lands in the United States
constitute 79 percent of the commercial forest lands of the Nation, as
follows: 59 percent is held by nonindustrial private owners, 14 percent
is held by the forest industry, and 6 percent is held by State, county,
and municipal governments. These lands include 66 percent of the
growing stock and 58 percent of the sawtimber volume in the United
States. (See the appendix for a more detailed analysis of the
composition of the Nation's forest lands.)
These lands will play a key role in providing the Nation with its
forest needs in the future. The private nonindustrial forest ownerships
are particularly critical. It is generally recognized that that these
nonindustrial forests offer a variety of uses and have the greatest
potential for increasing the output of forest goods and services,
particularly timber harvest. Data indicate that, as a group,
nonindustrial ownerships are producing at only about half of their
potential wood productivity. Increased yields on these lands are
attainable if forest management practices are applied.
Public assistance in managing non-Federal forest lands and producing
renewable resources on them should be provided, especially with respect
to small private nonindustrial ownerships.
Private forest landowners do not have the ability to apply certain
needed forest management practices. For example, it is very difficult
for a private forest landowner to protect forest land against fire,
insect infestation, and disease epidemics, without help from others in a
cooperative effort. For this reason, Congress approved the Act of June
7, 1924 (known as the Clarke-McNary Act), which provides for a forest
fire control program on non-Federal lands, and the Forest Pest Control
Act, which provides for a forest pest control program for all forest
lands regardless of ownership.
Private forest landowners may not engage in some forest management
practices because the benefits of such practices to their ownerships are
too small in relation to cost. However, the benefits to society ++EP++
from the application of these practices might be substantial, in terms
of timber yields, wildlife, water quality, recreation opportunities, or
other resources. % %
% %
Thus, the Federal Government has provided financial incentives to
landowners for tree planting of cutover land in the forestry incentives
program under the Agricultural Act of 1970, as added by the Agriculture
and Consumer Protection Act of 1973.
Overall, Congress has responded to the need for public assistance
programs by passing seven laws over the years (beginning with the
Clarke-McNary Act of 1921) providing authority for nine cooperative
forestry assistance programs. However, these laws are not coordinated
and some of the program authorities have become inadequate due to
changing circumstances. There is a need to update existing authorities
and combine them into a coordinated forestry assistance program.
The need for a coordinated forestry assistance program for
non-Federal forest ownerships has been recognized by the administration
and led to the drafting of this bill.
In his Environmental Message of May 23, 1977, the President included
specific provisions regarding nonindustrial private forest lands. The
improvement in the condition and productivity of these lands was cited
as the "greatest challenge remaining to American Forestry."
The Secretary of Agriculture was directed to make a comprehensive
study of cooperative forestry programs. The report prepared by the
Secretary in response, entitled "The Federal Role in the Conservation
and Management of Private Nonindustrial Forest Lands", presents
alternative approaches for meeting the challenge cited by the President.
This report will serve to complement the policy and authority provided
in S. 3033.
S. 3033 is the product of a major effort by several private
organizations, the States, and the Federal Government to develop an
improved national program for cooperative forestry. It orginated with a
request by Senator Herman E. Talmadge, Chairman of the Committee on
Agriculture, Nutrition, and Forestry, to the Forest Service that draft
legislation be developed to address the problems of resource management
of, and timber supply from, nonindustrial private forest lands.
S. 3033 provides a comprehensive forestry assistance program for
non-Federal forest ownerships. It consolidates into a single law the
nine programs stemming from the seven existing statutes. Added to this,
the bill contains a statement of national policy on the scope of the
cooperative forestry assistance effort. Also, it clearly delineates the
cooperative Federal and State roles in the programs. With respect to
the programs themselves, it contains provisions clarifying, and in some
cases broadening, the scope of the programs and adding new cooperative
approaches. The bill establishes a direct link between the cooperative
forestry assistance programs and the assessment and program planning
processes of the Forest and Rangeland Renewable Resources Planning Act
of 1974. ++EP++ % %
% %
Cooperative forestry programs originated with the Weeks Law of 1911,
which provided for a forest fire protection program on private and State
lands. This authority was replaced by sections 1 and 2 of the
Clarke-McNary Act of 1924, which is the current authority for the
cooperative forest fire protection and control program. Recognition of
the impact of fires on rural lands and communities lacking adequate fire
protection facilities led to the authorization for the rural community
fire protection program under title IV of the Rural Development Act of
1972. S. 3033 will consolidate these two programs into a single rural
fire protection and control program, providing a coordinated approach to
the detection, prevention, and suppression of rural fires. A special
rural fire disaster fund included in the consolidated program will aid
States that are overwhelmed by emergency situations in which either a
single large forest fire, a series of fires, or a prolonged fire season
has taxed the State's firefighting capacity.
The Clarke-McNary Act also established the cooperation in forest tree
production program. This program aids the States in operating tree
nurseries to provide seedlings to landowners to establish forests,
windbreaks, and shelter belts. Tree seedlings produced by the States
with aid provided under this program are used by forest landowners
participating in cost sharing programs, including the forestry
incentives program. This program will be one of the three activities
included in the rural forestry assistance program established under
section 3 of the bill.
The Forest Pest Control Act of 1947 provides authority, which S. 3033
carries forward, to prevent, retard, control, and suppress insects and
diseases affecting forests, regardless of ownership. Insects and
diseases often are a mutual problem in forests and urban areas.
Examples are Dutch elm disease, maple decline, gypsy moth, oak wilt, and
bark beetles. In addition, the intermingling of forests with urban
areas often requires integrated control efforts that go beyond forest
lands as commonly defined. It is for this reason that "trees" will be
added to the scope of the program by S. 3033.
Because substantial loss can occur to wood products, stored wood, and
wood in use from insect and disease attacks, S. 3033 also broadens the
scope of the program to include these products.
Making professional forestry assistance available to private forest
landowners and processors began under the Act of May 18, 1937, known as
the Norris-Doxey Act, and has continued under the Cooperative Forest
Management Act, which superseded the Norris-Doxey Act in 1950.
Technical assistance offered under this program in forest resources
management (including timber, water, fish and wildlife habitat, forage,
outdoor recreation opportunities, environmental protection and
improvement, and forest products harvesting ++EP++ and utilization)
plays an important role in increasing the productivity and improving
utilization of non-Federal forest lands. This technical assistance
program will be one of the three parts of the rural forestry assistance
program under S. 3033.
The urban and community forestry program, authorized by a 1972
amendment to the Cooperative Forest Management Act, expanded the
technical assistance program to include the protection, improvement, and
establishment of trees and shrubs in urban areas, communities, and open
spaces. S. 3033 will separate this activity from rural forestry
assistance. Both technical assistance activities are needed, but they
should be treated separately with respect to the scope of the program
and funds to be appropriated.
The scope of the urban forestry assistance program will be broadened
to include the planning of urban forestry programs, as well as technical
assistance in the planting, protection, and maintenance of trees and the
utilization of wood from trees in urban areas.
A program to aid the States in tree planting was established under
section 401 of the Agricultural Act of 1956. This program provides
Federal funds for planting trees on non-Federal forest lands. The
authority has been primarily used to help States initiate and implement
programs to improve the productivity of forest lands through the
development of genetically superior strains of tree seedlings. The
program will be continued in S. 3033 and expanded to permit State forest
agencies to use Federal funds to plan, organize, and perform tree
planting, thinning, presscribed burining, and other silvicultural
practices on all non Federal lands.
Service by the State in planting trees is appropriate in the
situation in which a forest landowner who, as a recipient of technical
assistance, decides to undertake a forest management program (and who
may receive Federal cost sharing payments to perform certain practices)
only to find that there are no contractors or vendors available in the
local area to do the work. This program may also complement Federal
manpower programs, such as the Young Adult Conservation Corps. The
Corps now performs planting, timberstand improvement, and related
silvicultural work on public lands. Extending these efforts to all
forest lands will help reduce unemployment, while improving forest land
productivity and helping the forest landowner.
There has been a significant expansion in the scope of the State
forestry agencies activities in recent years. The agencies originally
were concerned with resource protection and gradually added technical
assistance to landowners to their services. Now, however, they are
becoming more involved in natural resource planning, employment
programs, environmental protection activities, and rural developement.
The Forest Service, under general authorities available to the Secretary
of Agriculture, has initiated pilot programs and projects with the State
foresters to encourage their participation in planning activities,
technology ++EP++ implementation, and management improvement. % %
% %
These activities will be given recognition as a part of the
cooperative forestry program and a statutory basis in S. 3033.
The forestry incentives program was initiated in 1974 under the
authority of section 1009 of the Agricultural Act of 1970, as added by
the Agriculture and Consumer Protection Act of 1973. Enactment of that
legislation marked the first time Federal cost sharing funds were
specifically earmarked for forestry. Concern had been voiced during the
consideration of the 1973 legislation regarding the Nation's ability to
meet future demands for wood and wood products and the role that private
forest lands must play in meeting that demand. Cost sharing incentives
provide a strong stimulus to private forest landowners to plant trees or
improve timber stands. These incentives are often the determining
factor in whether a landowner decides to make improvements in his
forested property. The program has been well received, and at present,
nearly all the funds provided have been used by landowners.
The program is designed to put idle land, capable of growing trees,
into production by giving financial incentives to forest landowners to
carry out forest management practices to increase the productivity of
forest land. The program will be continued under S. 3033. Cost sharing
under the program will be provided for planting, improvements, and other
work that meets future needs for both hardwood and softwood.
The program will be directed to nonindustrial private forest lands.
The term "private forest land" is defined in S. 3033 to mean land,
capable of producing crops of industrial wood, owned by any private
entity. The term "nonindustrial", when used in conjunction with private
forest lands, directs the program to farmers, ranchers, and similar
owners of forest land, but would not exclude otherwise eligible forest
landowners who provide services or manufacture forest products on an
irregular or part-time basis.
There would be several changes under S. 3033 in provisions relating
to landowner eligibility.
Experience in the current program has shown that cost effective
opportunities exist on ownerships of 500 to 1,000 forested acres. Under
existing law, waiver by the Secretary has been required for payments on
such ownerships. S. 3033 would enable the Secretary to take advantage
of these opportunities by raising the general acreage limitation to
1,000 acres of forest land.
S. 3033 authorizes the Secretary of Agriculture to waive the 1,000
acre limit and make incentive payments to owners of up to 5,000 acres of
land if significant public benefits will accrue from such action. It is
expected that the current criteria will be examined and modified as
appropriate to ensure that there are worthwhile public benefits to be
gained in granting waivers of the 1,000 acre limit.
The development and implementation of the forestry incentives program
has been on the basis that cost share funds should go to those
nonindustrial private forest landowners who most need a financial ++EP++
incentive to make forestry investments and to those sites that have the
best timber production potential. % %
% %
Raising the general size limitation to 1,000 acres and placing a
5,000 acre maximum limit on eligible ownerships will continue the
national commitment to help owners of suitable small tracts.
Timber production is of major importance to the Nation, but must be
done in an environmentally sound manner that recognizes the
relationships between various forest uses. Practices supported by cost
sharing under this program are expected not only to encourage healthy
forest growth for production purposes, but also enhance other nontimber
values and uses of the land.
The forestry incentives program offers excellent opportunities for
all segments of the forestry community to join together to improve the
management of the Nation's nonindustrial private forests. Forest
industries can encourage those landowners with whom they deal to take
advantage of the incentive payments to reforest their lands. Public
agencies can promote the use of incentives to implement practices
recommended in technical assistance contacts. Consulting foresters can
provide needed assistance in developing forest management plans vate
consulting foresters and vendors should have ample opportunity to
participate in the program and will be encouraged to do so.
Federal cooperative forestry funds are currently provided to the
States on an individual program basis. This has led to the use of
complicated formulas to allocate the funds among States. S.3033
provides a new procedure, which States may elect to adopt, to
consolidate annual payments to the States. Consolidated payments would
be based on State forestry programs developed by the State foresters and
reviewed by the Secretary. The State forestry program would be based on
and complement the State contribution to the assessments required under
the Forest and Rangeland Renewable Resources Planning Act of 1974.
The State would be required to at least match the total amount of
Federal funds provided through consolidated payments. The Federal share
for any individual program in the State could exceed 50 percent if the
total consolidated payment did not exceed the State's share under all
programs.
The consolidation of payments contained in S.3033 is a means to
improve the efficiency, flexibility, and effectiveness of the
cooperative forestry programs. The Secretary should implement the
procedure as quickly as possible and with the involvement of as many
States as possible.
Several provisions contained in S.3033 are designed to increase the
effectiveness of the cooperative forestry assistance programs. These
provisions affect all the programs contained in the bill.
The role of the State foresters in the development and administration
of the cooperative forestry assistance programs varies among the
individual programs. Formal cooperation with the Secretary is required
++EP++ only in the cooperative forest management and processing and the
forestry incentives programs. % %
% %
It is accomplished through administrative policy for the other
programs. The bill strengthens the role of the State foresters,
requiring consultation through a committee of not less than five State
foresters with respect to all cooperative forestry assistance programs.
This required consultation covers all phases of the cooperative forestry
assistance programs, including fund allocation among States (except
funds provided for emergency conditions).
The administration of several current programs is hampered by the
requirement that program funds be expended in the year they are
appropriated. A variety of fiscal year starting dates and appropriation
processes are encountered when dealing with the 50 State governments and
the territories. Only two current programs -- insect and disease
control and assistance to the States for tree planting -- make funds
available until expended. The bill would extend this provision to all
programs. (The forestry incentives program would make funds available
until expended for cost sharing with private forest landowners.)
The National Forest Management Act of 1976 was landmark legislation.
Its consideration and passage updated and clarified the authorities
governing the administration of the National Forests. S.3033 provides
the same opportunity with regard to the cooperative forestry assistance
programs. The bill provides the basis for an appropriate and effective
Federal Government role in programs designed to increase the
productivity and improve the management of the Nation's private forest
lands, and should be enacted. ++EP++
SRP SENATE REPORT
780515 (PART 3 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
SECTION-BY-SECTION ANALYS IS (PAGES 9 TO 18)
% %
% %
The first section provides that the bill may be cited as the
"Cooperative Forestry Assistance Act of 1978."
Section 2 makes seven findings regarding non-Federal forest lands in
the United States. Finding one states that, since most of the
productive forest land in the United States is in non-Federal owership,
the Nation's capacity to produce forest resources is dependent on these
lands. Finding two states that adequate supplies of timber and forest
resources are essential to the Nation, and adequate supplies depend upon
efficient methods for establishing, managing, and harvesting trees and
processing, marketing, and using wood and wood products. Finding three
states that managed forest lands provide habitats for fish and wildlife,
esthetics, outdoor recreation opportunities and other forest resources.
The fourth finding states that forest insects and diseases affect all
forest land, whether Federal or non-Federal, and efforts to prevent and
control them require coordinated action by both Federal and non-Federal
land managers. Finding five states that rural fires threaten lives,
property, forests, and other resources, and Federal-State cooperation in
forest fire protection has proven effective and valuable. The sixth
finding states that trees and forests in urban ++EP++ areas are of great
environmental and economic value. % %
% %
The seventh finding states that managed forest contribute to
improving the quality, quantity, and timing of water yields, which are
of broad benefit to society
Section 2 states that the purpose of the bill is to authorize the
Secretary of Agriculture to assist in seven programs for non-Federal
forest lands. The seven program categories authorized by the bill are
(1) advancement of forest resources management, (2) encouragement of the
production of timber, (3) prevention and control of insects and diseases
affecting trees and forests, (4) prevention and control of rural fires,
(5) efficient utilization of wood and wood fiber, including recycling of
wood fiber, (6) improvement and maintenance of fish and wildlife
habitat, and (7) planning and conduct of urban forestry programs.
Section 2 also declares that it is in the national interest for the
Secretary to work with State foresters or equivalent State officials in
implementing Federal cooperative forestry programs, and that the bill is
to be considered complementary to the Forest and Rangeland Renewable
Resources Planning Act of 1974.
Section 3 would authorize a new rural forestry assistance program,
replacing the cooperative forest management and processing program, the
cooperation in forest tree production program, and the assistance to
States for tree improvement program. This section sets forth three
findings that note the value of forest resources produced on non-Federal
forest land and the ability of the Federal Government to assist in
improving and maintaining these lands, and that Federal assistance in
forest management and the utilization of these forests and their
resources contribute to the economic strength and environmental quality
of the Nation.
The Secretary of Agriculture would be authorized to provide
financial, technical, and related assistance to State foresters /*/ in
order that they may perform the following activites, ((/*/ Throughout
the bill, the term "or equivalent State official" is used with "State
forester". It is intended to identify that person in State government
who performs the duties of the State forester, but who may be known by
various official titles. This analysis uses only "State forester" for
brevity.))
(1) development of genetically improved tree seeds,
(2) procurement, production, and distribution of tree seeds and
trees,
(3) planting of tree seeds and trees for reforestation or
afforestation purposes,
(4) planning, organizing, and implementing silvicultural
practices to increase the quantity and improve the quality of
forest resources,
(5) protection and improvement of soil fertility on forest
lands and the quality, quantity, and timing of water yields, and
(6) providing technical information, advice, and other
assistance to private forest landowners and managers, vendors,
forest operators, wood processors, public agencies, and
individuals regarding the harvesting, processing, marketing, and
utilization of ++EP++ forest resources, conversion of wood to
energy, management planning, silvicultural treatments of forest
lands, protection and improvement of forest soil fertility and
water yields, and effects of forestry practices on fish and
wildlife.
% %
% %
Section 3 would authorize annual appropriations in such sums as may
be needed to implement the rural forestry assistance program.
Section 4 would authorize a new forestry incentives program,
replacing similar authority now contained in section 1009 of the
Agricultural Act of 1970, as added by the Agriculture and Consumer
Protection Act of 1973. The Secretary of Agriculture would be
authorized to develop and implement the forestry incentives program to
encourage the development, management, and protection of nonindustrial
private forest lands. The purposes of the program would be to encourage
landowners to plant trees on suitable open lands and on cutover,
nonstocked, and understocked forest lands, perform timber stand
improvement work, and perform other forest resources management and
protection activities.
The program would essentially be a cost sharing program for small
forest landowners- -- farmers, ranches, recreation homeowners, and
others -- holding land of sufficient size and quality efficiently to
produce crops of industrial wood, either of softwood or hardwood
species, or both.
The term "private forest land" as used in this section would be
defined as that land capable of producing crops of industrial wood and
owned by nonindustrial landowners, including individuals, groups, Indian
tribes or other native groups, associations, corporations, and other
legal entities. To be eligible for incentive payments landowners could
own no more than 1.000 acres of private forest land, The Secretary could
waive the 1,000 acre limit, for owners of up to 5,000 acres of land, if
the Secretary determined that significant publicbenefits would accrue.
The term "nonindustrial", when used in conjunction with private
forest lands, directs the program to farmers, ranchers, and similar
owners of forest land. This term excludes persons or companies that are
principally engaged in the business of manufacturing forest products or
providing public utility services, but does not exclude other wise
eligible forest landowners who provide services or manufacture forest
products on irregular or part-time basis.
The Secretary would be required to develop regulations for the
program authorized under the section in consultation with the committee
described in section 10 of the bill -- a committee of not less than five
State foresters selected by a majority of State foresters from States
participating in programs under the bill. The regulations would include
guidelines for administration of the program at the Federal and State
levels and identify the measures and activities eligible for cost
sharing.
Section 3 would require that the agreements between the Secretary and
landowners to provide Federal cost sharing funds be based on forest
management plans developed by the landowners in cooperation with, and
approved by, the State forester. The Secretary would ++EP++ encourage
participating States to use private agencies, consultants,
organizations, and firms to the extent feasible in the preparation of
the individual forest management plans. % %
% %
Where the Secretary found that cost sharing is appropriate, the
Federal share of the cost of forestry practices, including labor, would
be that part that the Secretary determines is necessary to implement the
forestry practices set forth in the agreement, but could be no more than
75 percent of the actual costs incurred by the landowner. The maximum
amount a landowner could receive would be determined by the Secretary in
consultation with the State foresters.
The Secretary would be required to assess the public benefit to be
achieved in distributing the cost sharing funds among the States prior
to making such distribution. The assessment would include --
(1) the acreage of private commercial forest land in each
State,
(2) the potential productivity of such land,
(3) the number of ownerships eligible for cost sharing in each
State,
(4) the need for reforestation, timber stand improvement, or
other forestry investments on such ownerships, and
(5) the enhancement of forest resources other than timber.
The Secretary would be authorized to use an advertising and bid
procedure to determine the lands in any area to be covered by
agreements, if the Secretary determined that doing so would contribute
to the effective and equitable administration of the program.
Section 4 would authorize the Secretary to use the authorities
provided in sections 1001, 1002, 1003, 1004 and 1008 of the Agricultural
Act of 1970, as added by the Agriculture and Consumer Protection Act of
1973. These sections of the 1970 Act establish procedures for rural
conservation contracts between the Secretary and landowners.
Section 4 would authorize annual appropriations of such sums as may
be needed for the forestry incentives program. Funds appropriated could
be used for technical assistance and related expenses (as distinguished
from administrative expenses for which funds are now appropriated under
a separate authorization to the Agricultural Stabilization and
Conservation Service).
Section 5 would broaden and provide new authority for the forest pest
control program, replacing the Forest Pest Control Act. The Secretary
would be authorized to protect forests, and (in addition to this current
authority) trees, wood products, stored wood, and wood in use, from
insects and diseases. This authority would apply directly on the
National Forest System and in cooperation with others on other lands.
The program authorized under this section would be designed to (1)
enhance the growth and maintenance of trees and forests, (2) promote the
stability of forest-related industries and associated employment, (3)
aid in forest fire prevention and control by reducing the number of
dying and dead trees, (4) conserve forest cover on watersheds, (5)
protect outdoor recreation opportunities and other forest resources, and
(6) extend timber supplies by protecting wood products, stored wood, and
wood in use. ++EP++ % %
% %
Activities authorized under this program would include --
(1) conducting surveys to detect and appraise insect
infestations and disease conditions,
(2) determining the biological, chemical, and mechanical
measures necessary toprevent, retard, control, or suppress
incipient, potential, threatening, or emergency insect
infestations and disease conditions,
(3) planning, organizing, directing, and performing measures to
prevent, retard, control, or suppress incipient, potential,
threatening, or emergency insect infestations and disease
epidemics, and
(4) providing technical information, advice, and assistance in
managing and coordinating the use of pesticides and other toxic
substances.
Operations on non-National Forest System land would have to have the
consent, cooperation, and participation of the entity owning, or having
jurisdiction over, the land. No money could be expended under this
section until the entity owning, or having jurisdiction over, the land
contributes to the work to be done in the amount and manner determined
by the Secretary.
The Secretary could provide funds from this program to other Federal
agencies to perform authorized activities on their lands.
Funds appropriated to carry out this program could not be used to (1)
pay the cost of felling and removing dead or dying trees unless
necessary to prevent the spread of a major insect infestation or disease
epidemic, or (2) compensate for the value of any property injured,
damaged, or destroyed by any cause.
The Secretary could waive the provisions of section 3709 of the
Revised Statutes, relating to a 30-day advertisement and bid procedure,
in order to procure materials and equipment necessary to implement
authorized activities.
Section 5 would authorize annual appropriations of such sums as may
be needed to implement the section.
Section 6 would authorize a separate urban forestry program,
replacing the authority now contained in the cooperative forest
management and processing program. Section 6 contains three findings in
support of this program. Finding one states that trees and forests are
important to maintaining and improving the urban area. Finding two
states that trees are weakened, damaged, or killed by actions resulting
from the concentrated use of land in urban areas. Finding three states
that protection and care of trees improve the urban environment.
The Secretary would be authorized to provide financial, technical,
and related assistance to State foresters so that they may provide
information and technical assistance to units of local government and
others. The Secretary could deal directly with local governments when
the Secretary and the affected State forester agree that direct
cooperation would better achieve the purposes of the section.
Authorized activities would include planning urban forestry programs,
planting, protecting, and maintaining trees, and using wood from trees.
These activities could be performed in open spaces, greenbelts, roadside
screens, parks, woodlands curb areas, and residential areas. ++EP++ % %
% %
Section 6 would authorize annual appropriations of such sums as may
be needed to implement the section.
Section 7 would provide new authority for the cooperative forest fire
protection program, replacing section 2 of the Act of June 7, 1924,
known as the Clarke-McNary Act, and combine with it the rural community
fire protection authorized by the Rural Development Act of 1972.
Section 7 contains six findings stating that, although progress and
accomplishments have been made in preventing and controlling fires and
protecting rural communities, the programs remain of high priority,
should be continued through existing cooperative relationships with
State foresters, and should include new provisions to allow the
Secretary to provide assistance whenever a fire emergency overwhelms the
firefighting capability of the State or rural area.
Activities authorized under this section would include (1)
cooperation with State foresters in the development of systems and
methods for the prevention, control, suppression, and prescribed use of
fires on rural lands and in rural communities, (2) the provision of
financial, technical, and related assistance to State foresters, and
through them to others, for the prevention, control, suppression, and
prescribed use of fires on non-Federal forests and other lands; and (3)
the provision of financial, technical, and related assistance to State
foresters to organize, train, and equip local firefighting forces,
including Indian tribes and other native groups, to prevent, control,
and suppress fires threatening resources of rural areas. The term
"rural areas" would be given the meaning set out in section 306 (a)(7)
of the Consolidated Farm and Rural Development Act which excludes any
area in a city or a town that has a population in excess of 10,000
people. The Secretary would be required, with the cooperation and
assistance of the General Services Administration, to encourage the use
by State and local fire forces of property (within the meaning of the
Federal Property and Administrative Services Act of 1949).
The cooperative program would be coordinated with the assistance
provided by the Secretary of Commerce under the Federal Fire Prevention
and Control Act of 1974.
Section 7 would authorize annual appropriations in such sums as may
be needed for the cooperative program.
A separate authorization for appropriations would be provided for a
rural fire disaster fund to be used for rural fire emergencies. Money
from the fund would be used to assist States in which one or more rural
fire emergencies exist. The Secretary must determine that State and
local resources are fully used or will be fully used before providing
money from the fund. The authorization for appropriations would be for
money to establish and replenish the disaster fund.
Section 8 would establish three program authorities that are
currently implemented under general departmental authorities. These are
(1) management assistance, (2) planning assistance, and (3) technology
implementation.
Management assistance would include matters related to organization
management, program planning and management, budget and ++EP++ fiscal
accounting services, personnel training and management, information
services, and recordkeeping. % %
% %
The Secretary would be authorized to provide State foresters with
technical, financial, and related management assistance for the
development of stronger and more efficient State organizations better
capable of fulfilling their responsibilities for the protection and
management of non-Federal lands. The assistance is to be provided only
as requested by State foresters.
The Secretary would also be authorized to provide technical,
financial, and related planning assistance to State foresters to ensure
that data regarding forest lands are available for, and effectively
presented in, State and Federal natural resources planning. Planning
assistance activities would include assembly, analysis, display, and
reporting of State forest resources data, training of State forest
resources planners, and participation in natural resources planning at
the State and Federal levels. Assistance would be restricted to
implementation of the forestry aspects of State and Federal natural
resources planning conducted under other laws. The authority in this
program could not be construed as extending, limiting, amending,
repealing, or otherwise affecting any other law or authority.
The technology implementation program under section 8 would be
designed to ensure that new technology is introduced, new information is
integrated with existing technology, and forestry research findings are
promptly made available to forestry interests. The Secretary would be
authorized to work through State foresters, and, if the State forester
is unable to deliver these services, through Department of Agriculture
agencies, subdivisions of States, agencies, institutions, organizations,
or individuals in implementing the program. The program would include
(1) application of the results of research, the conduct of pilot
projects, and field tests of management and utilization practices,
equipment, and technologies related to the programs authorized by the
bill. (2) studying the effects of tax laws, methods, and practices on
forest management, (3) developing and maintaining technical information
systems, and (4) testing, evaluating, and seeking registration of
chemicals for use in implementing the programs and performing the
activities authorized under the bill.
Funds for technology implementation could be provided to cooperators
without regard to the provisions of section 3648 of the Revised
Statutes, which prohibits advances of public money.
Forest resources planning committees at the national and State levels
would be utilized in carrying out the technology implementation program.
It is intended that the programs under this section be coordinated
with the extension programs of the Department of Agriculture to avoid
duplication. Coordination of private landowner programs and cooperation
among administering agencies are adequately provided for in the
Department of Agriculture Interagency Agreement on Forestry signed
January 30, 1978.
Section 8 would authorize annual appropriations of such sums as may
be needed to implement the section.
Section 9 would authorize the Secretary of Agriculture, upon the
request of any State, to consolidate the annual financial assistance
payments ++EP++ to that State in order to provide flexibility in funding
activities authorized by the bill. % %
% %
Consolidated payments would replace functional cost-sharing
mechanisms, formulas, or agreements.
The State forest resources program developed by the State forester
would be the basis for consolidated payments. Consolidated payments to
any State in any fiscal year could not exceed the total amount of
non-Federal funds expended in that State during that year to carry out
its State forest resources program, although the Federal payment for any
specific program could be made in an amount that exceeded the
non-Federal amount for that program.
The Secretary could make consolidated payments on the certificate of
the State forester that the conditions for Federal payments have been
met.
The Secretary would be required to administer the program so as to
ensure that the consolidated payment procedure does not by itself
adversely affect or eliminate any individual program under the bill.
Subject to applicable appropriation Acts, the total annual amount of
financial assistance to any State participating in the consolidated
payment procedure could not be less than the amount provided to that
State under all the provisions of law that would be repealed under
section 13 of the bill during the fiscal year the bill is enacted (the
base amount"). The base amount would not include funds for special
projects of two years or less duration.
Section 10 sets forth general provisions applicable to all program
sections of the bill. It would require the Secretary of Agriculture, to
the extent practicable, to work through, cooperate with, and assist
State foresters, encourage cooperation and coordination between State
foresters and other State agencies that manage renewable natural
resources; use, and encourage cooperators to use, private agencies,
consultants, organizations, firms, and individuals to furnish materials
and services; and coordinate the programs authorized under the bill
with related Department of Agriculture programs, and with cooperative
programs of other agencies.
Section 10 also provides that all funds appropriated under the bill
are to remain available until expended.
Section 10 would require the Secretary to consult with a committee of
not less than five State foresters who are selected by a majority of the
State foresters from States participating in programs under the bill, in
administering the programs authorized by the bill and with respect to
distribution of funds under the bill and the development of rules and
regulations for the forestry incentives cost sharing program.
Consultation would not be required regarding funds to be expended under
emergency conditions. Because the bill does not provide definite terms
of office for these advisory committees, they would be subject to the
provisions of section 14 of the Federal Advisory Committee Act, which
provides that committees not having a definite term are subject to
termination at the end of two years.
Section 10 would define the terms "United States" and "State" to
include each of the States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgia Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Trust Territory ++EP++
of the Pacific Islands, and the territories and possessions of the
United States. % %
% %
The term "forest resources" would be defined to include esthetics,
fish and wildlife, forage, outdoor recreation opportunities, timber, and
water. The term "urban forestry" would be defined as the planning,
establishment, protection, and management of trees and associated
plants, individually, in small groups, or under forest conditions within
cities, their suburbs, and towns.
The Secretary would be authorized to prescribe rules and regulations
needed to implement the provisions of the bill and to make necessary
grants, agreements, contracts, and other arrangements under the bill.
Section 10 states that the bill is to be construed as supplementing
all other laws relating to the Department of Agriculture and shall not
be construed as limiting or repealing any existing law or authority of
the Secretary, except those cited in section 13 of the bill.
Section 11 states that the bill does not authorize the Federal
Government to regulate the use of private land or to deprive owners of
land of their rights to property or to income from the sale of property,
and does not diminish the rights and responsibilities of the States and
political subdivisions of States.
Section 12 would amend section 8(c) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 to require the Secretary of
Agriculture to submit, with the annual fiscal budget, an annual report
that relates discussion of cooperative forestry programs in the
Resources Planning Act program to programs and activities carried out
under the bill. The report would include a description of the status,
accomplishments, needs, and work backlogs for the programs under the
bill. The amendment would also provide that the report include a
discussion of how the research part of the program under the Forest and
Rangeland Renewable Resources Planning Act of 1974 will relate to
cooperative Forest Service programs.
agreements: appropriations
Section 13 would repeal the following laws or portions of laws,
(1) sections 1,2,3, and 4 of the Act of June 7, 1924, known as
the Clarke-McNary Act,
(2) the Act of April 26, 1940, known as the White Pine Blister
Rust Protection Act,
(3) the Forest Pest Control Act,
(4) the Cooperative Forest Management Act,
(5) section 401 of the Agricultural Act of 1956,
(6) title IV of the Rural Development Act of 1972; and
(7) section 1009 and the proviso to section 1010 of the
Agricultural Act of 1970, as added by the Agriculture and Consumer
Protection Act of 1973.
Section 13 also states that contracts and cooperative and other
agreements under authority of the Acts, or portions thereof, repealed by
the bill shall remain in effect until revoked or amended by their ++EP++
own terms or under other provisions of law, and that appropriations made
under the authority of such Acts, or portions thereof, shall be
available to implement the bill. % %
% %
Section 14 provides that the bill is to become effective October 1,
1978.
SRP SENATE REPORT
780515 (PART 4 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033, S 1426, S 1630, S 1856, HR 8020, HR 8021, HR 8022, S 2535, S
2536, S 2537, S 2926, S 3034, S 3035
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
COMMITTEE CONSIDERATION, ADMINISTRATION VIEWS WITH TWO LETTERS
EMBEDDED, REGULATORY IMPACT EVALUATION, COST ESTIMATE WITH ONE LETTER
EMBEDDED (PAGES 18 TO 31)
% %
% %
In 1976, following enactment of the National Forest Management Act,
Senator Herman E. Talmadge, chairman of the Committee on Agriculture,
Nutrition, and Forestry, wrote to the Chief of the Forest Service
regarding forestry on non-Federal lands. In that letter, Chairman
Talmadge concluded that the enactment of the National Forest Management
Act had resolved most of the competitive disputes surrounding Federal
forest lands, but that neither the 1976 Act nor the Forest and Rangeland
Renewable Resources Planning Act of 1974 had properly addressed the
problems of resource management on, and timber supply from the 296
million acres of nonindustrial private forest and rangelands.
Chairman Talmadge asked the Forest Service for legislative drafting
service in developing a bill to use cooperative forest management
assistance, research, and extension to increase the benefits from these
lands.
The Forest Service responded to this request. State foresters,
researchers, and extension personnel were brought to a two-day seminar
in Washington to discuss how to deal with the chairman's request. From
that meeting, a bill was developed containing separate titles for
cooperative forest management assistance, research, and extension.
The chairman then asked the Society of American Foresters, the
American Forestry Association, and various elements of the timber
industry to comment on the bill and attempt to improve it. This review
process took all of 1977 and continued into 1978.
On April 29, 1977, Senator Jacob Javits of New York introduced S.
1426, to authorize the Secretary of Agriculture to make grants to States
for urban forestry.
On June 7, 1977, Senators Hubert Humphrey and John Stennis introduced
S. 1630, which was the research title of the bill developed by the
Forest Service.
On July 14, 1977, Senator Mark Hatfield introduced S. 1856, a bill to
provide for a cooperative forest resources extension program.
These three bills were among the focal points around which the
consideration of nonindustrial forest management revolved.
On June 24, 1977, Congressman James Weaver, chairman of the Forestry
Subcommittee of the House Agriculture Committee, decided to divide the
Forest Service draft bill into its three parts and introduced the
legislation as H.R. 8020 (cooperative forest management), H.R. 8021
(forest and rangeland research), and H.R. 8022 (renewable resources
extension). The Congressman indicated at the time he introduced the
bills that he was doing so to get a broader dissemination of what was in
the legislation so that many more people could help to improve the
bills.
Subsequently, the Forestry Subcommittee held extensive hearings on
the legislation, both in Washington and throughout the Nation. ++EP++ %
%
% %
Meanwhile, working under the request from Chairman Talmadge, the
Society of American Foresters joined with Resources for the Future to
hold a workshop on policy alternatives for nonindustrial private
forests. A book was published from the three day workshop that was
helpful to the Committee on Agriculture, Nutrition, and Forestry in
examining its policy options.
The Society is continuing its examination of practical initiatives to
encourage more timber production on the nonindustrial lands.
On February 10, 1978, Senator Patrick Leahy introduced S. 2535
(cooperative forest management); S. 2536 (forest and rangeland
research); and S. 2537 (renewable resources extension). On April 17,
1978, Senator Leahy reintroduced the text of S. 2535, with amendments,
to conform the bill more closely to a bill reported by the Forestry
Subcommittee of the House Committee on Agriculture. The bill became S.
2926.
On May 3, 1978, Senator Leahy reintroduced the legislation in another
attempt to conform the language of the legislation with changes being
made by the House Committee. These bills were S. 3033 (cooperative
forest management); S. 3034 (forest and rangeland research); and S.
3035 (renewable resources extension).
On May 10, 1977, the Committee on Agriculture, Nutrition, and
Forestry, meeting in Executive session, unanimously ordered reported S.
3033, S. 3031, and S. 3035.
In a letter to Chairman Talmadge dated May 1, 1978, the Secretary of
Agriculture stated that the administration supported the enactment of S.
2926, with several suggested amendments. The text of S. 3033 is almost
identical to S. 2926, and includes several of the amendments to S. 2926
suggested by the administration.
The letter from the Secretary, with a supplemental statement and
table, along with a letter from the Secretary dated May 11, 1978,
addressing the cost impact of S. 2926, read as follows,
Hon. Herman E. Talmadge,
Chairman, Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Washington, D.C.
Dear Mr. Chairman: As you requested, here is our report on S. 2926,
a bill "To authorize and direct the Secretary of Agriculture to provide
cooperative forestry assistance to States and others, and for other
purposes."
The Department of Agriculture recommends that S. 2926 be enacted with
the amendments suggested herein.
S. 2926 would provide new statutory authority that would consolidate
and update existing authorities for the Forest Service to provide forest
resources assistance to the States and others. The existing authorities
would be repealed. The bill would complement the policies and direction
established in the Forest and Rangeland ++EP++ Renewable Resources
Planning Act of 1974 (88 Stat. 476, as amended; 16 U.S.C. 1601 and
1602). % %
% %
The text of S. 2926 evolved as representatives of State forestry
agencies, State extension services, forest industries, conservation
organizations, forestry schools and Members of Congress worked together
to develop a bill which would update and consolidate nine cooperative
forestry authorities spanning more than 50 years. Much of the effort to
reach an agreement among diverse interests was coordinated by an "areas
of agreement" committee sponsored by the American Forestry Association
and by a task force appointed by the Society of American Foresters.
Representatives of the Forest Service, the Soil Conservation Service,
the Agricultural Stabilization and Conservation Service, and the
Extension Service participated in many of the discussions which led to
S. 2926. We believe S. 2926 represents a consensus within the forestry
community on many of the questions related to cooperative forestry
programs.
The President, in his Environmental Message of May 23, 1977, directed
the Secretary of Agriculture to make a comprehensive study of
cooperative forestry programs. The study was to "... examine the
feasibility of providing financial assistance to State forestry agencies
on the basis of State forestry plans rather than through the present
fragmented approach and should consider the need for measures to: --
assure that forestry programs support national environmental goals; --
assure that assistance to forest owners will emphasize interdisciplinary
planning and multiple use planning; -- improve the capability of
private forest lands to meet the Nation's need for wood; -- prevent and
control pollution, fires, insects and diseases that damage forests,
using environmentally sound methods, such as biological pest controls;
-- improve and maintain fish and wildlife habitat, particularly those
that are critical for threatened and endangered species; -- strengthen
planning and management capabilities of State and local forestry
agencies."
S. 2926, if amended as we recommend, would complement the cooperative
forestry goals outlined by the President as well as many of the
alternative approaches for meeting those goals which are described in
the Report to the President dated August 1977 and entitled "The Federal
Role in the Conservation and Management of Private Nonindustrial Forest
Lands."
The enclosed supplemental statement summarizes the improvement in our
authority which would result from the enactment of S. 2926. Also
enclosed is a table which compares the program authorities in S. 2926
with the existing cooperative forestry programs. We have a number of
amendments of both a substantive and technical nature. Our major
concerns deal with Section 6, Urban and Community Forestry, and the
provisions in Section 7(f) providing for a Rural Fire Disaster Fund. We
recommend deletion of both of these provisions. These and other
amendments are described in our supplemental statement.
We attach special importance to Section 9 which would authorize the
Secretary to make consolidated payments to States rather than ++EP++
functional matching grant payments for individual programs. % %
% %
The President, in the Environmental Message, asked the Department to
examine the desirability of using non-categorical comprehensive grants
in carrying out cooperative forestry programs. There are some
substantial benefits to this approach in terms of: (1) greater
flexibility for States to tailor programs to meet their special needs,
(2) reduced administrative actions for both Federal and State agencies,
(3) more effective use of forestry funds overall, and (4) improvement of
resource planning and leadership at the State level.
We recognize that while this is a sound principle, special attention
must be given to implementation. There are some problems in terms of
administrative limitations, State policy, timing and accounting for
categorical programs and appropriations. We need to understand more
about these potential problems and develop ways to resolve them. Upon
enactment we would work with State forestry agencies with the objective
of moving as fast as possible toward a comprehensive forestry grant
program based on State forestry programs. We will include a discussion
of our progress in moving in this direction in upcoming annual reports
we make to Congress pursuant to the Forest and Rangeland Renewable
Resources Planning Act.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely,
/s/Bob Bergland, Secretary
General
Forest Service cooperation in State and private forestry began in
1911 with passage of the Weeks Law. Several cooperative forestry
programs evolved during the intervening two-thirds of a century in
response to that Act, in response to seven other Acts passed in 1924,
1940, 1947, 1950, 1956, 1972, and 1973, and in response to several
amendments along the way. The current collection of legislative
authorities has generally provided a sound statutory basis for effective
cooperative forestry relationships between the Federal Government and
the States. However, we believe the time has come to review these
authorities and to update, clarify, and consolidate them as necessary.
S. 2926 outlines forward-looking, comprehensive, and coordinated
cooperative forestry programs by retaining elements from successful
programs, by modestly and logically expanding the scope of some
programs, and by authorizing some needed new cooperative approaches.
All major existing authorities for Forest Service cooperative forestry
programs would be repealed and replaced by S. 2926.
This section outlines clearly and in one place the underlying needs
for cooperative forest resources assistance and the expectations of
Congress which would guide the Secretary of Agriculture in meeting
++EP++ those needs. % %
% %
Current cooperative forestry authorities generally lack comprehensive
statements of policy and purpose, and this contributes to their being
thought of by some in an individual and unrelated way.
Each of the seven policy statements in section 2 serves as a basis
for programs authorized later in the bill. Thus, there is an important
direct relationship between the "policy and purpose" and the
authorizations and requirements that follow.
The diversity of the subject matter covered in section 2 illustrates
the diversity of resource benefits that accrue from non-Federal forest
lands. The definition of "forest resources" in section 10(e) makes it
clear that the scope of S. 2926 includes all of the goods and services
produced on forest lands.
Three existing programs would be combined and somewhat expanded to
provide continuing technical and financial assistance to States for
broad forest management purposes on non-Federal forest lands. The three
programs to be combined are
(1) Cooperation in Forest Management and Processing, also known
as "CFM" since it is based on the Cooperative Forest Management
Act of 1950 (64 Stat. 473, as amended; 16 U.S.C. 568c, 568d),
(2) Cooperation in Forest Tree Production, also known as "C-M
4" since it is based on section 4 of the Clarke McNary Act of 1924
(43 Stat. 654, as amended; 16 U.S.C. 567); and
(3) Assistance to States for Tree Improvement, also known as
"Title IV" since it is based on Title IV of the Agriculture Act of
1956 (70 Stat. 207; 16 U.S.C. 568c).
In addition to logically consolidating these three related programs,
section 3 would expand the traditional CFM program to include financial
as well as technical assistance to State Foresters to carry out timber
stand improvement and other cultural work on non-Federal forest land.
This would enable the State Forester to help landowners carry out forest
management practices which have been recommended where these services
are not available from private sources. This can also be important in
cases involving the use of manpower programs.
Section 3 also recognizes the importance of forested watershed
stability and water quality by specifically including forested watershed
protection and rehabilitation practices within the scope of the Rural
Forestry Assistance Program. Existing programs provide some indirect
forested watershed management benefits, although forested watershed
management is not a stated purpose under existing cooperative forestry
authorities. This also holds true for wildlife habitat development and
improvement activities on forest lands, which are specifically
recognized in the section.
Section 4 is based on and would retain several elements of the
existing Forestry Incentives Program, section 1009 of Title X of the
Agriculture and Consumer Protection Act of 1973 (87 Stat. 221, 245; 16
U.S.C. 1509, 1510). However, the following changes would be made,
1. Landowner eligibility is broadened to include all private forest
landowners. Restrictions excluding small forest industries or public
utilities would be removed. We oppose this change and recommend the
++EP++ original language be restored with the exception that the term
"regularly" as used in section 1009(b) of Title X of the Agriculture and
Consumer Protection Act of 1973 be changed to "principally." % %
% %
Necessary language is included under "Recommend Amendments."
2. The role of the State Foresters or equivalent State officials
would be strengthened in the technical and operational aspects of the
program at the State level. A committee of at least five State Foresters
or other appropriate State officials would be consulted in the
development of regulations by the Secretary for administration of the
program at the Federal and State levels. We endorse this change. County
ASCS offices and committees would continue to handle applications,
approvals, and payments under the program.
3. The landowner eligibility limitation to tracts of 500 acres would
be changed to ownerships of 1,000 acres. As experience has been gained
in the program, we have encountered eligible ownerships of 500 to 1,000
acres that should be in the program. The Secretary, under existing
authority, has waived the 500-acre limitation whenever he determined
that doing so would result in a significant public benefit. Changing the
500-acre limitation would simplify administration of the program without
changing its basic intent. Throughout the development and implementation
of the Forestry Incentives Program, the intent of Congress and the
policy of this Department have been to direct the program to those
nonindustrial private owners who most need a financial incentive to make
forestry investments and to those sites that have the best timber
production potential. We still believe this is the proper course to
follow. Changing the 500-acre limitation would not lessen our commitment
to cost-share incentives for owners of qualified small tracts. Most of
the tracts in the program would continue to be smaller than 500 acres. A
ceiling of 5,000 acres is placed on the Secretary's authorities to grant
waivers. Changing from "tracts" to "ownerships" would clarify the
eligibility of landowners. All forest land owned would determine
eligibility, not just a tract which, although a separate and distinct
property, may not constitute a landowner's total ownership. We support
these changes.
4. The appropriation authorization is clarified to permit use of
funds for expenses by the Forest Service and State forestry agencies in
providing technical assistance to forest landowners.
5. The section would remove the lower limit of 50 percent on
cost-sharing thus providing the Secretary more flexibility in
administering the program. Present authority prescribes the cost-share
rate be not less than 50 percent nor more than 75 percent of the actual
costs incurred by the landowner.
Section 5 is based largely on the present authority under the Forest
Pest Control Act of 1947 (61 Stat. 177, as amended; 16 U.S.C. 594-1 to
594-5).
The emphasis on non-National Forest System land would continue to be
placed upon the cooperation and contributions of States and private
landowners. No action would be taken until the Secretary and the entity
having jurisdiction over the affected land agreed to their relative
roles and contributions. No funds could be used to fell or remove dead
or dying trees unless the Secretary determined such action was necessary
to prevent the spread of a major insect or disease. ++EP++ % %
% %
Neither could funds be used to compensate for the value of any
property injured, damaged, or destroyed by any cause.
While the current authority applies only to forests and forest
resources, section 5 would broaden the program's scope to include trees
and wood in storage or use. The Secretary would continue to have direct
control of the program on National Forest System lands and cooperative
authorities to provide assistance on other lands.
Section 6 builds upon the urban and community forestry authority in
section 1 of the Cooperative Forest Management Act of 1950 (64 Stat.
473, as amended; 16 U.S.C. 568c).
As under the present authority, the Secretary could provide
financial, technical, and other assistance to States for the purpose of
encouraging the States to provide technical assistance in support of
urban and community forestry activities. If the appropriate cooperating
State official preferred, the Secretary could provide direct assistance
to local governments, industries, businesses, associations, universities
and others. No direct cost-sharing for tree planting, tree removal or
other practices would be authorized. The program would complement, and
not compete with, the work of arborists, nurserymen, consultants, and
other private businessmen.
The 1950 Act, as amended, provides a single appropriations
authorization for cooperative forest management assistance in both rural
and urban areas. S. 2926 would clearly separate the two programs by
authorizing funds for rural forestry assistance under section 3 and
funds for urban and community forestry assistance under section 6.
The Department recommends that the detailed provisions for the Urban
and Community Forestry Assistance Program not be included in the
legislation. We will support limited programs in this area by State
Foresters; we are not in a position to recommend a major emphasis in
this area.
Two existing programs would be combined and strengthened to provide
financial, technical and other assistance to the States for integrated
programs of rural fire prevention and control. These are
(1) Cooperation in Forest Fire Control, also known as "C-M 2"
since it is based on section 2 of the Clarke-McNary Act of 1924
(43 Stat. 653, as amended; 16 U.S.C. 565); and
(2) Rural Community Fire Protection authorized by Title IV of
the Rural Development Act of 1972 (86 Stat. 670, as amended, 7 U.
S.C. 2651-2654).
Section 7 properly places considerable emphasis on cooperation and
coordination with State officials, the Administrator of General Services
(regarding the availability of Federal excess personal property) and the
Secretary of Commerce (regarding assistance provided under the Federal
Fire Prevention and Control Act of 1974 (88 Stat. 1535)).
S. 2926 clarifies the scope of the program by changing "fire" to
"wildfire" when describing the prevention and control effort. This would
make clearer distinction between destructive fires and the prescribed
use of fires, a silvicultural practice. The bill deletes the requirement
that limits the Federal Government's share of each State's grant to the
amount expended by the State for the same purpose. Matching
requirements are set forth in section 9 providing for consolidation of
Federal funds for all programs authorized by S. 2926. ++EP++ % %
% %
A provision of section 7 would establish a special rural fire
disaster fund which would be available to the Secretary for assisting
States clearly overwhelmed by disastrous fire situations. The fund would
be used only under unmistakable emergency conditions. The primary
responsibility for rural fire protection would continue to rest with the
States and appropriate sub-State units. We recommend deletion of the
special rural fire disater fund provided in subsection (f). The Disaster
Relief Act of 1974 authorizes the President to provide assistance
including grants, equipment, supplies and personnel to any States for
the suppression of any fire on publicly or privately owned forest or
grassland. Assistance is provided when fires threaten destruction that
would constitute a major disaster. This Act provides a means for the
Federal Government to respond to the most urgent needs of States facing
critical fire situations. Therefore, we believe the provisions in
section 7 (f) are not needed.
Management and planning assistance to States and technology
implementation activities provide critical support to on-the-ground
cooperative forestry programs. This is clearly recognized in section 8
which builds upon existing more general forestry authorities. The
activities included in this section respond directly to the President's
May 23, 1977, Environmental Message.
Authority for management assistance would include matters related to
organization management, program planning and management, budget and
fiscal accounting services, personnel training and management,
information services, and recordkeeping. This assistance would be
provided to States only upon request.
Section 8 would also clarify the Secretary's authority to assist
State forestry agencies implement or participate in existing State and
Federal forest resource planning processes. Participation of State
forestry agencies in Federal planning efforts such as those related to
water pollution control, coastal zone management, surface mining
reclamation, and renewable resources management is necessary. In the
latter case, State involvement is absolutely essential in the
development of the periodic Renewable Resource Assessments and Programs
required by the Forest and Rangeland Renewable Resources Planning Act of
1974 (88 Stat. 476, as amended; 16 U.S.C. 1600 et seq.).
At the State level, participation by State forestry agencies in
natural resources planning is frequently minimal or nonexistent, because
they lack expertise, staffing and funds. Unfortunately, forest lands are
viewed by some planners as a "bank" from which to withdraw areas for
non-forestry purposes. The impacts on State and private forest lands,
including economic implications to the forestry industry, impacts on
wildlife and other environmental values, and the long-term effects on
the Nation's wood supply are substantial and serious. It would be much
better to help assure adequate forestry representation during current
planning processes than to later work out land use conflicts.
Technology implementation activities would give increased visibility
and emphasis to the need to make sure that cooperative forestry programs
incorporate the latest scientific knowledge and techniques. Those
involving multi-functional applications are particularly difficult
++EP++ to implement without specific authorization. % %
% %
The emphasis of section 8(c) would be placed upon pilot testing of
management and utilization practices, development and maintenance of
technical information systems, testing and evaluating forestry
chemicals, and training State forestry personnel.
Existing forestry planning committees at the National and State
levels would be used to help implement this section. Activities under
section 8 would also be coordinated with applicable forestry extension
programs to maximize effectiveness and avoid duplication.
Section 9 would authorize the Secretary, upon the request of any
State, to consolidate financial assistance to that State by using
solidated payments in lieu of functional cost-sharing formulas.
However, appropriations for Forestry Incentives (section 4(j) would not
be included in the amount available for consolidated payments.
Consolidated payments would be based upon State forestry programs
developed by State Foresters or equivalent State officials. Each
participating State would be required to at least match the annual
amount of Federal funds expanded to carry out the State's total forestry
program. In other words, so long as the State provided at least half of
the total combined Federal State expenditures for cooperative forestry
programs, the 50/50 matching requirement would be met. The Federal share
of specific activities within the overall State program could exceed 50
percent, if "overmatching" by the State in other activities compensated.
The use of consolidated payments would not, of itself, reduce the
total amount of financial assistance that would otherwise go to a State
under existing procedures. A "base level" of funding would be
established for each State by reference to the total allocation of
Federal funds to that State in the fiscal year prior to enactment. Each
year thereafter, the first "demand" for cooperative forestry
appropriations would be to fund the base level in each State.
State participation in the consolidated payment procedure would be
optional. However, we believe that States strongly favor this approach
and will adopt it as their individual circumstances permit. Program
requirements would be developed in consultation with a committee of at
least five State Foresters or equivalent State officials (section 10(
c)). The Forest Service would assist in development of the State
programs as requested. Financial allocations to States without
documented forestry programs would be made on the basis of the best
available information after consulting with the Executive Committee of
the National Association of State Foresters.
The procedures in section 9 would serve four important purposes.
First, State forestry agencies would have more flexibility and less "red
tape" in the utilization of Federal funds for cooperative forestry
programs, thus responding to the direction in the President's
Environmental Message Second, Federal funds would be allocated on the
basis of coordinated forestry programs rather than piecemeal formulas.
Third, the development of State forestry programs would complement the
development and implementation of the periodic Renewable Resource
Programs required by the Forest and Rangeland Renewable ++EP++ Resources
Planning Act of 1974. % %
% %
Fourth, Federal auditing procedures would be simplified at the State
level, since the audits would be based upon consolidated payments rather
than separate payments for individual programs.
This general section contains several important overall provisions
regarding cooperation and coordination, international information
exchange and testing, availability of appropriations until expended,
consultation with the National Association of State Foresters,
definitions, rules and regulations, grants and contracts, and the
relationship to existing law. Four of these items deserve special
mention.
First, the activities authorized in S. 2926 would be administered to
complement the related activities of the Forest Service, the Soil
Conservation Service, the Agricultural Stabilization and Conservation
Service, the Science and Education Administration and other USDA
agencies. We would also continue to build upon the existing close
working relationship between the Forest Service and the National
Association of State Foresters.
Second, we would continue to utilize and encourage cooperators to
utilize services and materials available from private agencies,
consultants, organizations, firms, and individuals. Every effort would
be made to support and provide expanded opportunities for private
enterprise.
Third, appropriations under S. 2926 would remain available until
expended. This provision would add desirable flexibility to the
programs, particularly with respect to dealing with 50 States having a
variety of fiscal year starting dates and a variety of legislative
appropriations processes. In 1975, the Congress recognized the
importance of this provision with respect to the Forest Pest Control Act
of 1947, and that Act was amended to make funds appropriated therefore
available until expended (89 Stat. 224). Appropriations for Assistance
to States for Tree Improvement (70 Stat. 207, 16 U.S.C. 568e) are also
currently available until expended. Appropriations for Cooperation in
Forest Tree Production (43 Stat. 654, as amended; 16 U. S.C. 567) are
available for 3 years.
Fourth, authorizations for each of the program sections are described
as "such sums as may be needed" instead of specific dollar amounts. The
Renewable Resources Program, coupled with congressional review of budget
requests, provides a more effective oversight than a set authorization
level.
This section would restrict the Federal Government, in carrying out
the programs that would be authorized by this legislation, from
regulating the use of private forest land, or lessening the authority of
State or local governments. We have no objection to this addition.
++EP++ % %
% %
This section would amend section 8 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (88 Stat. 476, as amended) to
require a report to Congress on the status, accomplishments, needs, and
work backlogs for cooperative forestry assistance programs. We have no
objection to this change.
The seven specific laws or portions of laws which now provide
authority for Federal cooperative forestry assistance would be
appropriately repealed by this section. Assuming enactment of sections
1-10 with our recommended amendments repeal of the existing authorities
would be desirable.
1. Change "silviculturad" to "silvicultural" on line 24, page 5.
2. Insert "nonindustrial" before "private" on line 23, page 6.
Insert the following sentence at the conclusion of section 4(b), line 2
page 7,
"Such term does not include private entities which principally engage
in the business of manufacturing forest products or providing public
utilities services of any type, or the subsidiaries of such entities."
These two amendments would add landowner eligibility requirements
that would limit the Forestry Incentives Program to those nonindustrial
private forest landowners who most need a financial incentive to make
forestry investments.
3. Insert the words "associated therewith" after the word "resources"
on line 22, page 6.
4. Change the word "of" to "if", line 7, page 7.
5. Delete section 6, pages 12-14.
6. Delete item (6) of section 7 (a), page 15.
7. Delete section 7 (f), page 17.
8. Delete the words "or money from any special treasury fund
established by this Act," lines 20-21, page 20.
9. Change the word "title" to "Act," line 4, page 24. ++EP++ % %
% %
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Washington, D.C.
Dear Mr. CHAIRMAN: In response to your request, we would like to
supplement our report on S. 2926, a bill "To authorize and direct the
Secretary of Agriculture to provide cooperative forestry assistance to
States and others, and for other purposes" to include the following
statement,
"S. 2926, would not of itself require an increase in cooperative
forestry assistance expenditures because the general nature of the
programs authorized is similar to existing programs. Although the
existing authorization ceilings on certain programs would be eliminated
and replaced with an authorization of "such sums as may be needed", we
would not expect to substantially exceed authorization levels contained
in existing law if S. 2926 is enacted as we recommend. A detailed
comparison of current authorization levels and fiscal year 1978
appropriations is contained in our supplemental statement."
This statement on budget impact would also be applicable to the
related bill, S. 3033.
Sincerely,
In compliance with subsection 5 of rule XXIX of the Standing Rules of
the Senate, the committee makes the following evaluation of the
regulatory impact that would be incurred in carrying out S. 3033.
The bill is not a regulatory measure in the sense of imposing
Government-established standards or significant economic
responsibilities on private individuals and businesses. It is designed
to simplify and make more efficient existing authorities for the conduct
of cooperative forestry programs by the Federal Government and the
States and others.
The bill should result in some reduction in regulation and paperwork
by simplifying and consolidating existing cooperative forestry programs.
In accordance with section 252 of the Legislative Reorganization Act
of 1970, the committee estimates that no additional cost to the
Government will be incurred in implementing the provisions of the bill.
++EP++ % %
% %
The committee estimate is in accord with the cost estimate provided
by the Congressional Budget Office in a letter to Chairman Talmadge
dated May 11, 1978. That letter reads as follows,
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture, Nutrition, and Forestry, U.S.
Senate, Russell Senate Office Building, Washington, D. C.
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has reviewed S.
3033, a bill to authorize and direct the Secretary of Agriculturw to
provide cooperative forestry assistance to States and others, and for
other purposes, as ordered reported by the Senate Committee on
Agriculture, May 10, 1978.
This bill clarifies and consolidates existing authority for
cooperative forestry programs of the Forest Service. Therefore, it
appears that no additional cost to the government would be incurred as a
result of enactment of this bill.
Sincerely,
/s/ROBERT A. LEVINE,
Deputy Director.
The Department of Agriculture also furnished a cost estimate of the
bill. See the letters to Chairman Talmadge dated May 1, 1978, and May
11, 1978, which are printed in the section of this report entitled
"Administration Views". ++EP++
SRP SENATE REPORT
780515 (PART 5 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
CHANGES IN EXISTING LAW, THE ACT OF JUNE 7, 1924, THE ACT OF APRIL
26, 1940, THE FOREST PEST CONTROL ACT, THE COOPERATIVE FOR EST
MANAGEMENT ACT, THE AGRICULTURAL ACT OF 1956, THE AGRICULTURAL ACT OF
1970, RURAL DEVELOPMENT ACT OF 1972, FOREST AND RANGELAND RENEWABLE
RESOURCES PLANNING ACT OF 1974 (PAGES 31 TO 45)
% %
% %
In compliance with subsection 4 of rule XXIX of the Standing Rules of
the Senate, changes in existing law made by the bill, as reported, are
shown as follows (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law is shown
in roman),
The Acts that would be amended by S. 3033 appear herein in the
following order,
Act of June 7, 1924.
Act of April 26, 1940.
Forest Pest Control Act.
Cooperative Forest Management Act.
Agriculture Act of 1956.
Agricultural Act of 1970.
Rural Development Act of 1972.
Forest and Rangeland Renewable Resources Planning Act of 1974. ++EP++
% %
% %
U.S.C. 505, 515, 564, 565, 566, 567, 568, 569, 570)
AN ACT To provide for the protection of forest lands, for the
reforestation of denuded areas, for the extension of national forests,
and for other purposes, in order to promote the continous production of
timber on lands chiefly suitable therefor
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Agriculture is hereby authorized and directed, in cooperation with
appropriate officials of the various States or other suitable agencies,
to recommend for each forest region of the United States such systems of
forest fire prevention and suppression as will adequately protect the
timbered and cut-over lands therein with a view to the protection of
forest and water resources and the continous production of timber on
lands chiefly suitable therefor.
SEC. 2. That if the Secretary of Agriculture shall find that
the system and practice of forest fire prevention and suppression
provided by any State substantially promotes the objects described
in the foregoing-section, he is hereby authorized and directed,
under such conditions as he may determine to be fair and equitable
in each State, to cooperate with appropriate officials of each
State, and through them with private and other agencies therein,
in the protection of timbered and forest-producing lands from
fire. In no case other than for preliminary investigations shall
the amount expended by the Federal Government in any State during
any fiscal year, under this section, exceed the amount expended by
the State for the same purpose during the same fiscal year,
including the expenditures of forest owners or operators which are
required by State law or which are made in pursuance of the forest
protection sustem of the State under State supervision, and the
Secretary of Agriculture is authorized to make expenditures on the
certificate of the State forester, the State director of
extension, or similar State official having charge of the
cooperative work for the State that State and private expenditures
as provided for in this Act have been made. In the cooperation
extended to the several States due consideration shall be given to
the protection of watersheds of navigable streams, but such
cooperation may, in the discretion of the Secretary of
Agriculture, be extended to any timbered or forest-producing lands
or watersheds from which water is secured for domestic use or
irrigation within the cooperating States.
SEC. 3. That the Secretary of Agriculture shall expend such
portions of the appropriations authorized herein as he deems
advisable to study the effects of tax laws, methods, and practices
upon forest perpetuation, to cooperate with appropriate officials
of the various States or other suitable agencies in such
investigations and in devising tax laws designed to encourage the
conservation and growing of timber, and to investigate and promote
practical methods of insuring standing timber on growing forests
from losses by fire. There is authorized to be appropriated
annually not more than $40,000,000 to enable ++EP++ the Secretary
of Agriculture to carry out the provisions of sections 1,2, and 3
of this Act.
% %
% %
(SEC. 4. That the Secretary of Agriculture is hereby authorized
and directed to cooperate with the various States in the
procurement, production, and distribution of forest-tree seeds and
plants, for the purpose of establishing wind breaks, shelter
belts, and farm wood lots upon denuded or nonforested lands within
such cooperating States, under such conditions and requirements as
he may prescribe to the end that forest-tree seeds or plants so
procured, produced, or distributed shall be used effectively for
planting denuded or non-forested lands in the cooperating States
and growing timber thereon, Provided, That the amount expended by
the Federal Government in cooperation with any State during any
fiscal year for such purposes shall not exceed the amount expended
by the State for the same purposes during the same fiscal year.
There is hereby authorized to be appropriated annually, out of any
money in the Treasury not otherwise appropriated, not more than
$100,000, to enable the Secretary of Agriculture to carry out the
provisions of this section.)
Stat. 168; 16 U.S.C. 594a)
(Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That to promote the
stability of white-pine forest-using industries, employment, and
communities through the continuous supply of white and sugarpine timber,
the Secretary of Agriculture is authorized in cooperation with such
agencies as he may deem necessary to use such funds as have been, or may
hereafter be, made available for the purpose of controlling white-pine
blister rust, by preventing the spread to, and eliminating white-pine
blister rust from, all forest lands, irrespective of the ownership
thereof, when in the judgment of the Secretary of Agriculture the use of
such funds on such lands is necessary in the control of the white-pine
blister rust: Provided, That in the discretion of the Secretary of
Agriculture no expenditures from funds provided under this authorization
shall be made on private or State lands (except where such lands are
intermingled with those which are federally owned and it is necessary in
order to protect the property of the United States to work on those
parts of the private or State-owned lands that immediately adjoin
Federal lands) until a sum, or sums, at least equal to such expenditures
shall have been appropriated, subcribed, or contributed by State,
county, or local authorities or by individuals or organizations
concerned: Provided further, That no part of such appropriations shall
be used to pay the cost or value of property ++EP++ injured or
destroyed: And provided further, That any plan for the control and
elimination of white-pine blister rust on lands owned by the United
States or retained under restriction by the United States for Indian
tribes and for individual Indians shall be subject to the approval of
the Federal agency or Indian tribe having jurisdiction over such lands,
and the Secretary of Agriculture may, in his discretion and out of any
moneys made available under this Act, make allocations to said Federal
agencies in such amounts as he may deem necessary for white-pine
blister-rust control and elimination on lands so held or owned by the
United States, the moneys so allocated to be expended by said agencies
for the purposes specified.) % %
% %
To provide for the protection of forests against destructive insects
and diseases, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That in order to protect
and preserve forest resources of the United States from ravages of bark
beetles, defoliators, blights, wilts, and other destructive forest
insect pests and diseases, and thereby enhance the growth and
maintenance of forests, promote the stability of forest-using industries
and employment associated therewith, aid in fire control by reducing the
menace created by dying and dead trees injured or killed by insects or
disease, conserve forest cover on watersheds, and protect recreational
and other values of forests, it shall be the policy of the Government of
the United States independently and through cooperation with the
governments of States, Territories, and possessions, and private timber
owners to prevent, retard, control, suppress, or eradicate incipient,
potential, or emergency outbreaks of destructive insects and diseases
on, or threatening, all forest lands irrespective of ownership.
SEC. 2. The Secretary of Agriculture is authorized either directly or
in cooperation with other departments of the Federal Government, with
any State, Territory, or possession, organization, person, or public
agency, subject to such conditions as he may deem necessary and using
such funds as have been, or may hereafter be, made available for these
purposes, to conduct surveys on any forest lands to detect and appraise
infestations of forest insect pests and tree diseases, to determine the
measures which should be applied on such lands, in order to prevent,
retard, control, suppress, or eradicate incipient, threatening,
potential, or emergency outbreaks of such insect or disease pests, and
to plan, organize, direct, and carry out such measures as he may deem
necessary to accomplish the objectives and purposes of this Act,
Provided, That any operations planned to prevent, retard, control, or
suppress insects or diseases on forest lands owned, controlled, or
managed by other agencies of the Federal Government shall be conducted
with the consent of the agency having jurisdiction over such land.
++EP++ % %
% %
SEC. 3. The Secretary of Agriculture may, in his discretion and out
of any money made available pursuant to this Act, make allocations to
Federal agencies having jurisdiction over lands held or owned by the
United States in such amounts as he may deem necessary to retard,
control, suppress, or eradicate injurious insect pests or plant diseases
affecting forests on said lands.
SEC. 4. No money appropriated to carry out the purposes of this Act
shall be expended to prevent, retard, control, or suppress insect or
disease pests on forest lands owned by persons, associations,
corporations, States, Territories, possesions, or subdivisions thereof
until such contributions toward the work as the Secretary may require
have been made or agreed upon in the form of funds, services, materials,
or otherwise.
SEC. 5. There are hereby authorized to be appropriated for the
purposes of this Act such sums as the Congress may from time to time
determine to be necessary, such sums appropriated for fiscal year 1975
and thereafter to remain available until expended. Any sums so
appropriated shall be available for necessary expenses, including the
employment of persons and means in the District of Columbia and
elsewhere, printing and binding, and the purchase, maintenance,
operation, and exchange of passenger-carrying vehicles, but such sums
shall not be used to pay the cost or value of any property injured or
destroyed. Materials and equipment necessary to control, suppress, or
eradicate infestations of forest insects or tree diseases may be
procured without regard to the provisions of section 3709 of the Revised
Statutes (41 U.S.C. 5) under such procedures as may be prescribed by the
Secretary of Agriculture, when deemed necessary in the public interest.
SEC. 6. The provisions of this Act are intended to supplement, and
shall not be construed as limiting or repealing existing legislation.
(SEC. 7. This Act may be cited as the "Forest Pest Control Act".)
To authorize the Secretary of Agriculture to cooperate with the
States to enable them to provide technical services to private forest
landowners, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. The Secretary of Agriculture is herby authorized to
cooperate with State foresters or appropriate officials of the several
States, Territories, and possessions for the purpose of encouraging the
States, Territories, and possessions to provide technical services to
private landowners, forest operators, wood processors, and public
agencies, with respect to the multiple-use management and environmental
protection and improvement of forest lands, the harvesting, marketing,
and processing of forest products, and the protection, improvement, and
establishment of trees and shrubs in urban areas, communities, and open
spaces. All such technical services shall be provide ++EP++ in each
State, Territory, or possession in accordance with a plan agreed upon in
advance between the Secretary and the State forester or appropriate
official of the State, Territory, or possession. % %
% %
The provisions of this Act and the plan agreed upon for each State,
Territory, or possession shall be carried out in such manner as to
encourage the utilization of private agencies and individuals furnishing
services of the type described in this section.
SEC. 2. There is hereby authorized to be appropriated annually, to
enable the Secretary to carry out the provisions of this Act, the sum of
$20,000,000. Apportionment among the participating States,
administrative expenses in connection with cooperative action with such
States, and the amount to be expended by the Secretary to make technical
services available to private persons and agencies, shall be determined
by the Secretary after consultation with a national advisory board of
not less than five State foresters or equivalent officials selected by a
majority of the State foresters or equivalent officials of all States,
Territories, or possessions participating in the program. The amount
paid by the Federal Government to any State, Territory, or possession
for cooperative action in the State, Territory, or possession shall not
exceed during any fiscal year the amount expended by the cooperating
State, Territory, or possession for the same purpose during the same
fiscal year, and the Secretary of Agriculture is authorized to make such
expenditures on the certificate of the appropriate official of the
State, Territory, or possession having charge of the cooperative work
for the State, Territory, or possession that the expenditures as herein
provided have been made: Provided, That it is the intent of Congress
that the Secretary may continue to cooperate with persons and private
agencies in furnishing technical forestry services under existing
authority.
SEC. 3. The Act of May 18, 1937 (50 Stat. 188), known as the
Cooperative Farm Forestry Act, is hereby repealed effective June 30,
1951.
(SEC. 4. This Act shall be known as the Cooperative Forest Management
Act.)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Agricultural Act of 1956".
SEC. 401. (a) The Congress hereby finds and declares that building up
and maintaining a level of timber growing stocks adequate to meet the
Nation's domestic needs for a dependable future supply of industrial
wood is essential to the public welfare and security; that assisting in
improving and protecting the more than fifty milion acres of idle
non-Federal and Federal lands for this purpose would ++EP++ not only add
to the economic strength of the Nation, but also bring increased public
benefits from other values associated with forest cover; and that it is
the policy of the Congress that the Secretary of Agriculture in order to
encourage, promote, and assure fully adequate future resources of
readily available timber should assist the States in undertaking needed
programs of tree planting.
(b) Any State forester or equivalent State official may submit to the
Secretary of Agriculture a plan for forest land tree planting and
reforestation for the purpose of effecting the policy hereinbefore
stated.
(c) When the Secretary of Agriculture has approved the plan, he is
hereby authorized and directed to assist the State in carrying out such
plan, which assistance may include giving of advice and technical
assistance and furnishing financial contributions: Provided, That, for
the non-Federal forest land tree planting and reforestation, the
financial contribution expended by the Federal Government during any
fiscal year to assist the State to carry out the plan shall not exceed
the amount expended by the State for the same purpose during the same
fiscal year, and the Secretary of Agriculture is authorized to make
financial contributions on the certificate of the State official in
charge of the administration of the plan as to the amount of
expenditures made by the State.
(d) In any plan that coordinates forest lands under the jurisdiction
of any Federal agency other than the Department of Agriculture, the
Secretary of Agriculture shall obtain the cooperation and assistance of
the Federal agency having jurisdiction and the appropriate State
forester in the approval and carrying out of the plan.
(e) The Secretary of Agriculture may rescribe such rules and
regulations as may be appropriate to carry out the purposes of this
section.
(f) There are hereby authorized ot be appropriated such sums as may
be necessary to carry out the objects of this section, such sums to
remain available until expended.
SEC. 402. The Secretary of Agriculture shall make a study of price
trends and relationships for basic forest products such as sawlogs and
pulpwood and within one year from the date of enactment of this Act
shall submit a report thereon to the Congress.
To establish improved programs for the benefit of producers and
consumers of dairy products, wool, wheat, feed grains, cotton, and other
commodities, to extend the Agriculture Trade Development and Assistance
Act of 1954, as amended, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Agricultural Act of 1970". ++EP++ % %
% %
SEC. 1001. Notwithstanding any other provision of law the Secretary
shall carry out all the purposes specified in clauses (1), (2), (3),
(4), and (6) of section 7 (a) of the Soil Conservation and Domestic
Allotment Act, as amended, section 16 (b) of such Act, and in the Water
Bank Act (16 U.S.C. 1301 et seq.) by entering into contracts of three,
five ten, or twenty-five years with, and at the option of, eligible
owners and operators of land as determined by the Secretary and having
such control as the Secretary determines to be needed on the farms,
ranches, wetlands, forests, or other lands covered thereby. In
addition, the Secretary is hereby authorized to purchase perpetual
easements to promote said purposes of this Title, including the sound
use and management of flood plains, shore lands, and aquatic areas of
the Nation. Such contracts shall be designed to assist farm, ranch,
wetland, and nonindustrial private forest owners and operators, or other
owners or operators, to make, in orderly progression over a period of
years, such changes, if any, as are needed to effectuate any of the
purposes specified in clauses (1), (2), (3), (4), and (6) of section 7
(a) of the Soil Conservation and Domestic Allotment Act, as amended;
section 16 (b) of such Act; the Water Bank Act (16 U.S.C. 1301 et
seq.); in enlarging fish and wildlife and recreation sources; in
improving the level of management of nonindustrial private forest dn
lands; and in providing long-term wildlife and upland game cover. In
carrying out the provisions of this title, due eregard shall be gven to
the maintenance of a continuing and stable supply of agricultural
commodities and forest products adequate to meet consumer demand at
prices fair to both producers and consumers.
SEC. 1002. Eligible landowners and operators for contracts under this
title shall furnish to the Secretary a plan of farming operations or
land use which incorporates such practices and principles as may be
determined by him to be practicable and which outlines a schedule of
proposed changes, if any, in cropping systems or land use and of the
conservation measures which are to be carried out on the farm, ranch,
wetland, forests, or other land during the contract period to protect
the farm, ranch, wetland, forests or other land and surrounding areas,
its wildlife, and nearby populace and communities from erosion,
deterioration, pollution by natural and manmade causes or to insure an
adequate supply of timber and related forest products. Said plans may
also, in important migratory waterfowl nesting and breeding areas which
are identified in a conservation plan developed in cooperation with a
soil and water conservation district in which the lands are located, and
under such rules and regulations as the Secretary may provide, include a
schedule of proposed changes, if any, to conserve surface waters and
preserve and improve habitat for migratory waterfowl and other wildlife
resources and improve subsurface moisture, including, subject to the
provisions of section 1001 of this title, the reduction of areas of new
land coming into production, the enhancement of the natural beauty of
the landscape, and the promotion of comprehensive and total water
management study.
SEC. 1003. (a) Approved conservation plans of eligible landowners and
operators developed in cooperation with the soil and water conservation
district or the State forester or other appropriate State ++EP++
official in which their lands are situated shall form a basis for
contracts under this title. % %
% %
Under the contract the landowner or operator shall agree
(1) to effectuate the plan for his farm, ranch, forest,
wetland, or other land substantially in accordance with the
schedule outlined therein,
(2) to forfeit all rights to further payments or grants under
the contract and refund to the United States all payments or
grants received thereunder upon his violation of the contract at
any stage during the time he has control of the land if the
Secretary, after considering the recommendations of the Soil and
Water Conservation District Board, or the State forester or other
appropriate official in a contract entered into under the
provisions of section 1009 of this title, determines that such
violation is of such a nature as to warrant termination of the
contract, or to make refunds or accept such payment adjustments as
the Secretary may deem appropriate if he determines that the
violation by the owner or operator does not warrant termination of
the contract,
(3) upon transfer of his right and interest in the farm, ranch,
forest, wetland, or other land during the contract period to
forfeit all rights to further payments or grants under the
contract and refund to the United States all payments or grants
received thereunder unless the transferee of any such land agrees
with the Secretary to assume all obligations of the contract,
(4) not to adopt any practice specified by the Secretary in the
contract as a practice which would tend to defeat the purposes of
the contract,
(5) to comply with all applicable Federal, State or local laws,
and regulations, including those governing environmental
protection and noxious weed abatement; and
(6) to such additional provisions as the Secretary determines
are desirable and includes in the contract to effectuate the
purposes of the program or to facilitate the practical
administration of the program: Provided, That all contracts
entered into to effectuate the purposes of the Water Bank Act for
wetlands shall contain the further agreement of the owner or
operator that he shall not drain, burn, fill, or otherwise destroy
the wetland character of such areas, nor use such areas for
agricultural purposes, And provided further, That contracts
entered into for the protection of wetlands to effectuate the
purposes of the Water Bank Act may include wetlands covered by
Federal or State government easement which permits agricultural
use, together with such adjacent areas as determined desirable by
the Secretary.
(b) In return for such agreement by the landowner or operator the
Secretary shall agree to make payments in appropriate circumstances for
the use of land maintained for conservation purposes as set forth in
this title, and share the cost of carrying out those conservation
practices and measures set forth in the contract for which he determines
that cost-sharing is appropriate and in the public interest. The
portion of such cost (including labor) to be shared shall be that part
which the Secretary determines is necessary and appropriate to
effectuate the physical installation of the conservation practices and
++EP++ measures under the contract, but in the case of a contract not
entered into under an advertising and bid procedure under the provisions
of section 1009 (d) of this title, not less than 50 per centum or more
than 75 per centum of the actual costs incurred by the owner or
operator. % %
% %
(c) The Secretary may terminate any contract with a landowner or
operator by mutual agreement with the owner or operator if the Secretary
determines that such termination would be in the public interest, and
may agree to such modification of contracts previously entered into as
he may determine to be desirable to carry out the purposes of the
program or facilitate the practical administration thereof or to
accomplish equitable treatment with respect to other similar
conservation, land use, or commodity programs administered by the
Secretary.
SEC. 1004. The Secretary is authorized to make available to eligible
owners and operators conservation materials including seeds, seed
inoculants, soil conditioning materials, trees, plants, and, if he
determines it is appropriate to the purposes of this title, fertilizer
and liming materials.
SEC. 1005. (a) Notwithstanding the provisions of any other title, the
Secretary may establish multiyear set-aside contracts for a period not
to extend beyond the 1977 crop. Such contracts may be entered into only
as a part of the programs in effect for wheat, feed grains, and cotton
for the years 1974 through 1978, and only producers participating in one
or more of such programs shall be eligible to contract with the
Secretary under this section. Producers agreeing to a multiyear
set-aside agreement shall be required to devote this acreage to
vegetative cover capable of maintaining itself throughout such period to
provide soil protection, water quality enhancement, wildlife production,
and natural beauty. Grazing of livestock under this section shall be
prohibited. Producers entering into agreements under this section shall
also agree to comply with all applicable State and local law and
regulation governing noxious weed control.
(b) The Secretary shall provide cost-sharing incentives to farm
operators for such cover establishment, whenever a multiyear contract is
entered into on all or a portion of the set-aside acreage.
SEC. 1006. The Secretary shall issue such regulations as he
determines necessary to carry out the provisions of this title. The
total acreage placed under agreements which result in their retirement
from production in any county or local community shall in addition to
the limitations elsewhere in this title be limited to a percentage of
the total eligible acreage in such county or local community which the
Secretary determines would not adversely affect the economy of the
county or local community. In determining such percentage the Secretary
shall give appropriate consideration to the productivity of the acreage
being retired, if any, as compared to the average productivity of
eligible acreage in such county or local community which the Secretary
determines would not adversely affect the economy of the county or local
community.
SEC. 1007. (a) The Secretary of Agriculture shall appoint an advisory
board in each State to advise the State committee of that State
(established under section 8 (b) of the Soil Conservation and Domestic
Allotment Act) regarding the types of conservation measures that should
be approved to effectuate the purposes of this title. The Secretary
++EP++ shall appoint at least six individuals to the advisory board of
each State who are especially qualified by reason of education,
training, and experience in the fields of agriculture, soil, water,
wildlife, fish, and forest management. % %
% %
The advisory board appointed for any State shall meet at least once
each calendar year. Said appointed members shall include, but not be
limited to, the State soil conservationist, the State forester, the
State administrator of the water quality programs, and the State
wildlife administrator or their designees: Provided, That such board
shall limit its advice to the State committees to the types of
conservation measures that should be approved affecting the water bank
program; the authorization to purchase perpetual easements to promote
the purposes of this title, as described in section 1001 of this title;
the providing of long-term upland game cover; and the establishment and
management of approved practices on multiyear set-aside contracts as
provided in section 1005 of this title.
(b) The Secretary of Agriculture, through the establishment of a
national advisory board to be named in consultation with the Secretary
of the Interior, shall seek the advice and assistance of the appropriate
officials of the several States in developing the programs under this
title, especially in developing guidelines for (1) providing technical
assistance for wildlife habitat improvement practices, (2) evaluating
effects on surrounding areas, (3) considering aesthetic values, (4)
checking compliance by cooperators, and (5) carrying out programs of
wildlife management authorized under this title: Provided, That such
board shall limit its advice to subjects which cover the types of
conservation measures that should be approved regarding the water bank
program; the authorization to purchase perpetual easements to promote
the purposes of this Act, as described in section 1001 of this title;
the providing of long-term upland game cover; and the establishment and
management of approved practices on multiyear setaside contracts as
provided in section 1005 of this title.
SEC. 1008. In carrying out the programs authorized under sections
1001 through 1006 of this title, the Secretary shall, in addition to
appropriate coordination with other interested Federal, State, and local
agencies, utilize the services of local, county, and State committee
established under section 8 of the Soil Conservation and Domestic
Allotment Act, as amended. The Secretary is also authorized to utilize
the facilities and services of the Commodity Credit Corporation in
discharging his functions and responsibilities under this program. The
Secretary shall also utilize the technical services of the Soil
Conservation Service, the Forest Service, State forestry organizations,
soil and water conservation districts, and other State, and Federal
agencies, as appropriate, in development and installation of approved
conservation plans under this title.
SEC. 1009. (a) In furtherance of the purposes of this ttle, the
Secretary of Agriculture is authorized and directed to develop and carry
out a forestry incentives program to encourage the development,
management, and protection of nonindustrial private forest lands. The
purposes of such a program shall be to encourage landowners to apply
practices which will provide for the afforestation of suitable open
lands and reforestation of cutover and other nonstocked and understocked
forest lands and intensive multiple-purpose management and protection of
forest resources so as to provide for production of timber and related
benefits. ++EP++ % %
% %
(b) for the purpose of this section, the term "non-industrial private
forest lands" means lands capable of producing crops of industrial wood
and owned by any private individual, group, association, corporation, or
other legal entity. Such term does not include private entities which
regularly engage in the business of manufacturing forest products or
providing public utilities services of any type, or the subsidiaries of
such entities.
(c) The Secretary shall consult with the State forester or other
appropriate official of the respective States in the conduct of the
forestry incentives program under this section, and Federal assistance
shall be extended in accordance with section 1003 (b) of this title.
The Secretary shall for the purposes of this section distribute funds
available for the cost sharing among and within the States only after
assessing the public benefit incident thereto, and after giving
appropriate consideration to the number and acreage of commercial forest
lands, number of eligible ownerships in the State, and counties to be
served by such cost sharing; the potential productivity of such lands;
and the need for reforestation, timber stand improvement, or other
forestry investments on such land. No forest incentives contract shall
be approved under this section on a tract greater than five hundred
acres, unless the Secretary finds that significant public benefit will
be incident to such approval.
(d) The Secretary may, if he determines that such action will
contribute to the effective and equitable administration of the program
established by this section, use an advertising and bid procedure in
determining the lands in any area to be covered by agreements.
(e) In implementing the program under this section, the Secretary
will cause it to be coordinated with other related programs in such a
manner as to encourage the utilization of private agencies, firms, and
individuals furnishing services and materials needed in the application
of practices included in the forestry incentives improvement program.
The Secretary shall periodically report to the appropriate congressional
committees of the progress and conduct of the program established under
this section.
SEC. 1010. There are hereby authorized to be appropriated annually
such sums as may be necessary to carry out the provisions of this title.
The programs, contracts, and authority authorized under this title
shall be in addition to, and not in substitution for, other programs in
such areas authorized by this or any other title or Act, and shall not
expire with the termination of any other title or Act (: Provided, That
not more than $25,000,000 annually shall be authorized to be
appropriated for the programs authorized under section 1009 of this
Act.)
To provide for improving the economy and living conditions in rural
America
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Rural Development Act of 1972". ++EP++ % %
% %
SEC. 401. WILDLIFE PROTECTION ASSISTANCE. -- In order to shield
human and natural resources, financial investments, and environmental
quality from losses due to fires in unprotected or poorly protected
rural areas there is a need to strengthen and synergize Federal, State,
and local efforts to establish an adequate protection capability
whereever the lives and property of Americans are endangered by fires in
rural communities and areas. The Congress hereby finds that inadequate
fire protection and the resultant threat of substantial losses of life
and property is a significant deterrent to the investment of the labor
and capital needed to help revitalize rural America, and that
well-organized, equipped, and trained firefighting forces are needed in
many rural areas to encourage and safeguard public and private
investments in the improvement and development of areas of rural America
where organized protection against losses from fire is lacking or
inadequate. To this end, the Secretary of Agriculture is authorized and
directed to provide financial, technical, and other assistance to State
foresters or other appropriate officials of the several States in
cooperative efforts to organize, train, and equip local forces,
including those of Indian tribes on Federal and State reservations or
other federally recognized Indian tribal groups to prevent, control, and
suppress fires threatening human life, livestock, wildlife, crops,
pastures, orchards, rangeland, woodland, farmsteads, or other
improvements, and other values in rural areas as defined in section 306
(a) (7) of the Consolidated Farm and Rural Development Act.
SEC. 402. MATCHING. -- The Secretary shall carry out this title in
accordance with cooperative agreements, made with appropriate State
officials, which include such terms and conditions as the Secretary
deems necessary to achieve the purposes of this title. No such
agreement shall provide for financial assistance by the Secretary under
this title in any State during any fiscal year in excess of 50 per
centum of the total budgeted expenditures or the actual expenditures,
whichever is less, of the undertaking of such agreement for such year,
including any expenditures of local public and private nonprofit
organizations, including Indian tribal groups, participating in the
activities covered by the agreement. Payments by the Secretary under
any such agreement may be made on the certificate of the appropriate
State official that the expenditures provided for under such agreement
have been made.
SEC. 403. REPOER. -- The Secretary of Agriculture shall submit to
the President within two years after the date of enactment of this title
a written report detailing the contribution of the rural fire protection
program toward achieving the purposes of this title. The Secretary
shall also include in such report such recommendations regarding the
rural fire protection program as he deems appropriate. The President
shall transmit the report to the Congress for review and appropriate
action.
(Sec. 404. APPROPRIATIONS. -- There is authorized to be appropriated
to carry out the provisions of this title $7,000,000 for each of three
consecutive fiscal years beginning with the fiscal year for which funds
are first appropriated and obligated by the Secretary of Agriculture
carrying out this title. There is further authorized to be appropriated
++EP++ to carry out the provisions of this title not to exceed
$7,000,000 for each of the fiscal years ending September 30, 1978,
September 30, 1979, and September 30, 1980.) % %
% %
AN ACT To provide for the Forest Service, Department of Agriculture,
to protect, develop, and enhance the productivity and other values of
certain of the Nation's lands and resources, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Forest and Rangeland Renewable Resources Planning Act of
1974".
SEC. 8. NATIONAL PARTICIPATION. -- On the date Congress first
convenes in 1976 and thereafter following each updating of the Assesment
and the Program, the President shall transmit to the Speaker of the
House of Representatives and the President of the Senate, when Congress
convenes, the Assement as set forth in section 3 of this Act and the
Program as set forth in section 4 of this Act, together with a detailed
Statement of Policy intended to be used in framing budget requests by
that Administration for Forest Service activities for the five or
ten-year program period beginning during the term of such Congress for
such further action deemed appropriate by the Congress. Following the
transmission of such Asssessment, Program, and Statement of Policy, the
President shall, subject to other actions of the Congress, carry out
programs already established by law in accordance with such Statement of
Policy or any subsequent amendment or modification thereof approved by
the Congress, unless, before the end of the first period of ninety
calendar days of continuous session of Congress after the date on which
the President of the Senate and the Speaker of the House are recipients
of the transmission of such Assessment, Program, and Statement of
Policy, either House adopts a resolution reported by the appropriate
committee of jurisdiction disapproving the Statement of Policy. For the
purpose of this subsection, the continuity of a session shall be deemed
to be broken only by an adjournment sine die, and the days on which
either House is not in session because of an adjournment of more than
three days to a day certain shall be excluded in the computation of the
ninety-day period. Notwithstanding any other provision of this Act,
Congress may revise or modify the Statement of Policy transmitted by the
President, and the revised or modified Statement of Policy shall be used
in framing budget requests.
(b) Commencing with the fiscal budget for the year ending September
30, 1977, requests presented by the President to the Congress governing
Forest Service activities shall express in qualitative and quantitative
terms the extent to which the programs and policies projected under the
budget meet the policies approved by the Congress in accordance with
subsection (a) of this section. In any case in which ++EP++ such budget
so presented recommends a course which fails to meet the policies so
established, the President shall specifically set forth the reason or
reasons for requesting the Congress to approve the lesser programs or
policies presented. % %
% %
Amounts appropriated to carry out the policies approved in accordance
with subsection (a) of this section shall be expended in accordance with
the Congressional Budget and Impoundment Control Act of 1974, Public Law
93-344.
(c) For the purpose of providing information that will aid Congress
in its oversight responsibilities and improve the accountability of
agency expenditures and activities, the Secretary of Agriculture shall
prepare an annual report which evaluates the component elements of the
Program required to be prepared by section 4 of this Act which shall be
furnished to the Congress at the time of submission of the annual fiscal
budget commencing with the third fiscal year after the enactment of this
Act. With regard to the research component of the program, the report
shall include, but not be limited to, a description of the status of
major research programs, significant findings, and how these findings
will be applied in National Forest System management and in cooperative
State and private Forest Service programs. With regard to the
cooperative forestry assistance part of the Program, the report shall
include, but not be limited to, a description of the status,
accomplishments, needs, and work backlogs for the programs and
activities conducted under the Cooperative Forestry Assistance Act of
1978.
(d) These annual evaluation reports shall set forth progress in
implementing the Program required to be prepared by section 4 of this
Act, together with accomplishments of the Program as they relate to the
objectives of the Assessment. Objectives should be set forth in
qualitative and quantitative terms and accomplishments should be
reported accordingly. The report shall contain appropriate measurements
of pertinent costs and benefits. The evaluation shall assess the
balance between economic factors and environmental quality factors.
Program benefits shall include, but not be limited to, environmental
quality factors such as esthetics, public access, wildlife habitat,
recreational and wilderness use, and economic factors such as the excess
of cost savings over the value of foregone benefits and the rate of
return on renewable resources.
(e) The reports shall indicate plans for implementing corrective
action and recommendations for new legislation where warranted.
(f) The reports shall be structured for Congress in concise summary
form with necessary detailed data in appendices. ++EP++
SRP SENATE REPORT
780515 (PART 6 OF 6)
COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S 3033
S REP 95-879
95TH CONG, 2ND SESS
78-S163-12
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 (PAGES 1 TO 51)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 1196 TO 1246)
APPENDIX (PAGES 45 TO 51)
% %
% %
In 1970, 1.6 billion acres, some 69 percent of the Nation's area was
classified as forest and range land and inland water. The remaining
area was cropland, improved pasture, and other lands; i.e., deserts,
((/*/ Excerpted from "The Nation's Renewable Resources -- An
Assessment, 1975," Forest Service, U.S. Department of Agriculture,
January, 1976.)) ++EP++ barrens and land used as residential and
industrial sites, roads, airports and for miscellaneous other purposes.
% %
% %
About 1.1 billion acres, two-thirds of the forest, range and inland
water area -- was classified as rangeland and noncommercial forest. The
rangeland includes natural grasslands, savannas, shrublands, most
deserts, tundra, coastal marshes and wet meadows. The noncommercial
forest includes ecosystems such as the pinyon-juniper forests of the
Southwest, that are incapable of producing crops of industrial wood
because of poor site or other adverse conditions, and productive
forested land withdrawn for parks, wildlife refuges, recreation areas or
other uses not compatible with timber production. Another 500 million
acres were classified as commercial timberland, i.e., land capable of
producing more than 20 cubic feet of industrial wood a year in natural
stands and not withdrawn for other uses. The remaining area some 48
million acres -- was classified as inland water and consisted of lakes,
reservoirs and ponds over 40 acres in size (exclusive of the Great
Lakes) and streams more than 1/8 mile in width. Smaller lakes and
streams are included in the land statistics although these smaller
bodies of water are of great importance in providing habitat for fish
and wildlife.
The rangeland and noncommercial forests are concentrated in the
western States and Alaska. About two-fifths of this land is in Texas
and New Mexico and the States stretching northward through Montana and
North Dakota. Another third, some 345 million acres, is in Alaska.
Most of the remaining area is in the southwestern States.
Commercial timberlands are more widely distributed and, with the
exception of the Great Plains region, Alaska, and some of the Southwest
compose a significant part of the land area of each State. Nearly
three-quarters of the area is in the humid eastern half of the country.
Some of the States in this part of the country are heavily forested.
For example, commercial timberlands cover over 80 percent of the total
land area in New England and more than half of the area along the
Atlantic Coast.
The one-quarter of the commercial timberland in the West is
concentrated in the Pacific Coast States of Oregon, Washington, and
California; and the Rocky Mountain States of Montana, Idaho and
Colorado.
In contrast to the grasslands and shrublands -- which are nearly all
in the West and Alaska -- three-quarters of the area in forest
ecosystems classified as commercial timberlands are in the East.
Oak-hickory forests, stretching from southern New England to Texas,
represent the most widespread system, accounting for about 23 percent of
all commercial timberlands in 1970. Much of this forest is located on
abandoned farmlands and in mountain areas. Many stands include large
proportions of less desirable timber species such as post oak, black
oak, chestnut oak, and blackjack oak. Some local stands, however, are
composed of yellow-poplar and other desirable species.
The oak-pine ecosystem is mainly in the South. It includes residual
hardwoods left after cutting the merchantable pine trees from mixed
++EP++ pine hardwood forests. % %
% %
In the last few decades, many oak-pine stands have been converted to
pine stands by killing or cutting hardwoods, followed in many cases by
planting of pine trees.
Oak-gum-cypress forests include such valuable species as sweetgum,
cherrybark oak, tupelo, and bladcypress, as well as less valuable
species. Nearly all of this ecosystem occurs in the Mississippi Delta
and other southern river bottoms where the land is highly productive.
Maple-beech-birch forests are found mainly on upland sites in the New
England, Middle Atlantic, and Lake States regions. Elm-ash-cottonwood
types are largely concentrated in bottomlands in the Central and Lake
States region. These are the relatively short-lived pioneer species
that have taken over large areas following logging and fires.
The southern pine ecosystem, the source of more than one-fourth of
the timber harvest in the United States, made up a little more than 14
percent of the Nation's commercial timberlands in 1970. Southern pines
are concentrated on the Coastal Plain and Piedmont extending from New
Jersey to Texas.
Spruce-fir and white-red-jack pine forests in the Lake States and
Northeast, while not as important as the southern pine system, also
support substantial local industries.
In the West, the bulk of the commercial timberland is softwood
ecosystems. The Douglas-fir and ponderosa pine systems each make up
about 6 percent of the total commercial timberland in the United States,
and other western softwoods 9 percent. Most Douglas-fir occurs on the
Pacific Coast west of the Cascade Range where sites generally are highly
productive. Douglas-fir also occurs in California and the Rocky
Mountains, frequently on moderately productive sites and mixed with
other coniferous species.
The ponderosa pine ecosystem occupies a large acreage in eastern
Oregon and Washington and is the most extensive commercial forest type
in California and the Rocky Mountains.
In most forest ecosystems, and especially those in the West, there
are substantial additional acreages classified as noncommercial forest.
For example, the total area in the ponderosa pine ecosystem is estimated
at 37.6 million acres, some 9.6 million acres greater than the estimate
of commercial area.
Some of the area -- about 20 million acres -- classified as
noncommercial is productive timberland used for parks, wilderness, and
other purposes not compatible with the production of timber. The bulk
of this land is in the mountainous regions of the West. There are also
substantial acreages that cannot meet the minimum standards for
commercial timberland because of poor sites or other adverse conditions.
There are also two forested ecosystems -- the chaparral-mountain
shrub and the pinyon-juniper -- that are classified as noncommercial
because they do not meet the minimum growth and tree form standards for
commercial timberland. The 75 million acres in these two ecosystems --
located in semi-arid areas in the West and mostly used for graxing --
account for a substantial part of the moncommercial forest area.
There are 114 million acres of noncommercial forest land in Alaska,
nearly all in the interior. White spruce is the most important species
but there are also large areas of quaking aspen and paper birch, the
++EP++ pioneer species which seed in after fires. % %
% %
Cottonwood is also common along the streams.
The interior forest ecosystems are characterized by open forest
stands with shrubby and mossy understories. The so-called "reindeer
moss," actually a luchen, ia a common and important understory plant in
the two spence-harrdwood ecosystems and provides important winter forage
to native caribon.
An estimated 126 million acres of Alaska's interior forests meet the
minimum standards for commercial timberland. However, because of
geographic remoleness and potentially high development costs, none of
this area has been included in the tables showing commercial timberland
area in this study.
The great bulk of the Nation's forest and range land in the
contiguous States is in private ownership. In 1970, the area in these
ownerships, plus relatively small areas in State, county and municipal
ownerships, amounted to 825 million acres -- about 70 percent of the
forest and range land area. Most of the Federal lands are administered
by two agencies, the Forest Service, responsible for 166 million acres
of National Forest System lands and the Bureau of Land Management, for
168 million acres of National Resource Lands. The rest of the Federal
land is administered primarily by the National Park Service and the Fish
and Wildlife Service in the Department of the Interior and the
Department of Defense.
About 73 percent of all commercial timberland was privately owned in
1970 while 27 percent was in Federal, State, and other public holdings.
Business and professional people; wage and salaried workers;
house-wives; railroad, mining and other corporations (other than forest
industry); and other nonfarm owners held 165 million acres, or 33
percent of the total area of commercial timberland. Another 26 percent
was owned by farmers.
Many of the farm and nonindustrial private holdings include highly
productive timber sites, and most are close to markets for timber
products. These ownerships consequently have long been of major
importance as a source of timber supplies for the wood-using industries.
Nearly half of these timberlands was in the South in 1970 and most of
the remainder in the North.
The 67 million acres of commercial timberland in forest industry
holdings in 1970 -- about 14 percent of the total -- included some of
the Nation's most productive timber growing areas. About 52 percent of
these industrial lands were in the South, and 26 percent in the North.
Most of the remaining areas were on the Pacific Coast, and largely
composed of the more productive lower elevation lands.
Some 92 million acres of commercial timberlands, or 18 percent of the
U.S. total, were in National Forests in 1970. These forests were
located largely in the Rocky Mountain and Pacific Coast sections. Most
are of relatively low site quality and located at higher elevations, but
they nevertheless contain a substantial part of the Nation's softwood
sawtimber inventory.
Federal lands other than National Forests made up 3 percent of all
commercial timberlands in 1970. Lands in western Oregon administered
++EP++ by the Bureau of Land management and Bureau of Indian Affairs
were of particular importance. % %
% %
State, county, and municipal forests made up 6 percent of the total.
Many of these latter holdings are located in the Lake States, and
largely consist of cutover lands that reverted through tax delinquency
to public ownership during the depression years of the 1930's.
About 10 percent of the 495 million acres of commercial timberlands
was capable of producing 120 cubic feet or more per acre per year in
fully stocked natural stands. (Under intensive management, greater
productivity could be achieved.) Nearly half of the highly productive
land is in the Pacific Coast section, and is largely forested with
Douglas-fir, hemlock-sitka spruce, and western hardwoods.
Nearly two-thirds of the total area of commercial timberland is in
the 85 to 120 and the 50 to 85 cubic foot productivity classes. About
half of this acreage is in the South.
The remaining area, more than a quarter of all commercial
timberlands, is in the 20 to 50 cubic feet productivity class. This
class of land provides limited response to timber management but often
yields important values for grazing, recreation, or other nontimber
uses. These lower-site lands are mostly in the Appalachians and the
Rocky Mountains where they make up about half of the commercial area.
A relatively large proportion of the better sites above 85 cubic feet
productivity is in forest industry ownerships. The National Forests and
other public ownerships have relatively high proportions of the poorer
sites of less than 50 cubic feet potential.
The potential yields indicated by site productivity classes are
generally not attained, even though practically all commercial
timberlands in 1970 were occupied to some extent by some type of tree
cover, and many forests were fully stocked or even overstocked in terms
of all live trees. However, only a small proportion of the land
supported desirable trees of good form, vigor, and preferred species.
Growing stock of acceptable trees, and trees classed as rough and
rotten, made up most of the stocking. Thus, large areas require
cultural treatments such as cull tree removal or thinning to achieve a
high level of output of merchantable timber and approach the yield
potentials indicated by indexes of site productivity.
Most of the commercial timberland has some degree of fire protection.
Some 13 million acres, however, are without protection and are subject
to uncontrolled fires.
There has been some increase in noncommercial forest land in recent
decades, primarily as a result of the establishment of parks, wilderness
and other reserved forested areas.
The available data indicate that the area of commercial timberland
declined rather steadily after settlement as the land was cleared for
crops and pastures. This trend continued until around 1920 when
reversion began. Between 1920 and the early 1960's, the acreage of
commercial ++EP++ forest increased by about 50 million acres as the
worked-out cotton-lands in the South and cleared acres on hill farms in
the East and the poorer farms in the other regions came back to forests.
% %
% %
The successional reversion of idle and abandoned crop and pasture
land to pine forests in the South in this period had major impacts on
softwood timber supplies and the development of timber-based industries
in that section. As this timber is harvested, the task of maintaining
pine timber supplies will become increasingly more difficult because the
cutover land tends to naturally restock with hardwoods.
Around the beginning of the 1960's, the upward trend in total acreage
again reversed and between 1962 and 1970, the area of commercial
timberland in the U.S. dropped by over 8 million acres. Forest Survey
reports covering years after 1970 indicate the drop is continuing.
The 8 million acre decline between 1962 and 1970 was the net change
in area. Net changes are often much smaller than the area moving out of
commercial status. For example, about 1.7 million acres of timberlands
were shifted to cropland, pastureland, urban, and other uses in Florida
between 1959 and 1970. This was substantially above the net loss of 1
million acres. This difference is important because timberlands shifted
to other uses usually contain inventories that are either largely
destroyed or reserved. The reverting acreage, on the other hand, is
nonstocked or understocked abandoned crop or pastureland that remains
unproductive for many years.
Recent declines in commercial timberland were largely in the South
and Rocky Mountains. Much of the reduction in the Rocky Mountains and
in other parts of the West reflected shifts of public lands in National
Forests to reserved or deferred status in response to growing demands
for public recreational uses.
In the South, much clearing of commercial timberland for saybean and
other crop production has taken place in recent years, particularly on
the flood plains of the Mississippi and other major southern rivers. In
addition, extensive areas of forest uplands were converted to pasture
for the South's growing cattle industry. In all regions, sizeable areas
of forest land also have been taken over for suburban development,
highways, reservoirs, and other nontimber uses.
Shifts in land use patterns and natural succession have also caused
many important changes in forest ecosystems. Bottomland hardwood
forests were reduced about 20 percent between 1962 and 1970 by clearing
of forest land along the deltas of the Mississippi River and its
tributaries for farm crops. For many years, forests of the
oak-gum-cypress group in this area supplied a major share of the
Nation's quality hardwood sawtimber.
Many changes have also been apparent in areas formerly supporting
Douglas fir. Red alder, other hardwoods, or western hemlock have taken
over sizeable areas after harvesting of the softwood stands. Western
hardwood types, for example, increased by almost 2 million acres between
1952 and 1970.
There have also been some important shifts in the ownership of
commercial timberlands. Since 1952, the combined area of farm and
nonindustrial private band has not shown much change. However, farm
ownership dropped about 42.5 million acres between 1952 and 1970, while
other nonindustrial ownerships increased about the same amount.
In the 1952-70 period, areas of commercial timberland in forest
industry ++EP++ ownerships increased 13 percent -- close to 8 million
acres. % %
% %
Much of the increase was in the South where wood-using companies have
been actively acquiring forest lands. A substantial part of the added
acreage was purchased from farm and other nonindustrial private owners.
Forest industries have also turned to leasing and long-term cutting
contracts to supplement fee ownership. In the South, an estimated 9
million acres of commercial timberland in nonindustrial ownerships was
managed by forest industries in 1970.
Between 1962 and 1970, the area in National Forests classed as
commercial timberland was reduced about 3 million acres. This reduction
was largely in the Rocky Mountain section, and was mainly composed of
lands selected for study as possible inclusions in the wilderness
system. Since 1970, some additional areas also have been added to this
deferred classification.
HRP HOUSE REPORT
780125 (PART 1 OF 1)
COMMITTEE ON RULES
HOUSE OF REPRESENTATIVES
HR 6362, H RES 974
HR REP 95-850
95TH CONG, 2ND SESS
PROVIDING FOR THE CONSIDERATION OF HR 6362 (PAGE 1)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGE 940)
% %
% %
The Committee on Rules, having had under consideration House
Resolution 974, by a nonrecord vote report the same to the House with
the recommendation that the resolution do pass. ++EP++
SRP SENATE REPORT
770706 (PART 1 OF 5)
COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON
AGRICULTURE, NUTRITION, AND FORESTRY
S 1360, HR 6362
S REP 95-333
95TH CONG, 1ST SESS
77-S163-10
77-S313-20
AMENDING SECTION 14 (E) OF THE NATIONAL FOREST MANAGEMENT ACT
CONCERNING COLLUSIVE BIDDING PRACTICES IN NATIONAL FOREST TIMBER SALES
(PAGES 1 TO 22)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 818 TO 839)
PURPOSE, BACKGROUND TO, NEED FOR, AND ANALYSIS OF S 1360, AS AMENDED
(PAGERS 1 TO 9)
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The Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry, to which was jointly referred the
bill (S. 1360) to establish an Advisory Committee on Timber Sales
Procedure appointed by the Secretary of Agriculture for the purposes of
studying, and making recommendations with respect to, procedures by
which timber is sold by the Forest Service, and to restore stability to
the Forest Service timber sales program and provide an opportunity for
congressional review, having considered the same, jointly report
favorably thereon with an amendment to the text in the nature of a
substitute and an amendment to the title and recommend that the bill, as
amended, do pass.
The amendments are as follows,
1. Strike all after the enacting clause and insert in lieu thereof
the following, That subsection (e) of section 14 of the National Forest
Management Act of 1976 (90 Stat. 2959; 16 U.S.C. 472a (e)) is amended
to read as follows,
"(e) The Secretary of Agriculture shall monitor bidding patterns
involved in the sale of trees, portions of trees, or forest products
from National Forest System lands. If the Secretary has a reasonable
belief that collusive bidding pratices may be occurring, then ++EP++ % %
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July 6, 1977
"(1) he shall report any such instances of possible collusive bidding
or suspected collusive bidding practices to the Attorney General of the
United States with any and all supporting data,
"(2) he may alter the bidding methods used within the affected area;
and
"(3) he shall take such other actions as he deems necessary to
eliminate such practices within the affected areas".
2. Amend the title so as to read,
"A bill to amend section 11(e) of National Forest Management Act of
1976".
S. 1360, as amended by the two committees, would amend subsection (e)
of section 14 of the National Forest Management Act of 1976 (90 Stat.
2959).
Section 14 (e) has as its purpose the elimination of collusion among
bidders for Forest Service timber. It requires the Secretary of
Agriculture to take appropriate action to obviate collusive bidding
practices, including establishing timber bidding monitoring systems,
reporting of suspected collusive bidding practices to the Attorney
General of the United States, and requiring sealed bidding on all timber
sales except when he determines otherwise by regulation.
Under S. 1360, as amended, section 14 (e) would be rewritten.
Monitoring and reporting to the Attorney General would still be
required, but the Secretary of Agriculture would not be directed to make
sealed bidding for national forest timber the rule and oral bidding the
exception. Instead, the amendment would simply authorize the Secretary
to alter whatever bidding methods he may be employing if he has
reasonable belief that collusive bidding practices may be occuring. The
amendment would not provide a statutory preference for any particular
bidding method.
The sales methods used for national forest timber prior to enactment
of section 14(e) were predominantly sealed bidding in eastern national
forests, predominantly oral bidding in national forests in the Pacific
Northwest and California and a mix of oral and sealed bidding in
national forests elsewhere. The amendment would permit a continuation
of these bidding methods, but authorize their alteration if collusion is
suspected.
On October 22, 1976, the President signed into law the National
Forest Management Act of 1976 (90 Stat. 2949, hereinafter the "NFMA").
Subsection (e) of section 14 of the NFMA (90 Stat. 2959) addresses the
issue of collusive bidding for timber on national forest lands. That
subsection reads as follows,
(e) The Secretary of Agriculture shall take such action as he
may deem appropriate to obviate collusive practices in bidding for
trees, portions of trees, or forest products from National Forest
System lands, including but not limited to
(1) establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding, ++EP++
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(2) requiring sealed bidding on all sales except where the
Secretary determines otherwise by regulation; and
(3) requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Attorney General of the United States with any and all
supporting data.
Section 14(e), sponsored by Representative John Krebs, was contained
in the House version of the NFMA. As passed by the House, the sealed
bidding requirement contained in clause (2) of section 14 (e) was
confined to relatively small timber sales, i.e., sales of 1 million
board feet or less. In conference, the provision was extended to cover
all timber sales from national forest system lands, except where the
Secretary of Agriculture determines otherwise. Statements were made by
several of the House and Senate conferees both during and after
consideration of the conference report on the NFMA on the floor of the
two chambers which provided varying interpretations of the effect of the
subsection and, particularly, clause (2). Uncertainty as to the
subsection's effect also arose from the lack of hearings on its purpose
or provisions and the absence of any comparable language in the Senate
version of the NFMA.
On November 4, 1976, the Forest Service published interim regulations
which made sealed bidding the usual procedure for awarding timber
contracts but which also permitted oral auctions for up to 50 percent of
timber sale volume near communities dependent on national forest timber.
A dependent community was defined as one in which 10 percent of the
employment is involved in the wood products industry and which has
gained more than 50 percent of its timber volume over the last 2 years
from national forests. On February 23, 1977, the Forest Service
proposed final regulations to replace the interim regulations. These
proposed regulations would have altered the dependent communities
definition by reducing the Federal timber requirement to 30 percent over
a 5-year period. Also the Forest Service would have reinterpreted the
10 percent employment to include workers in harvesting, roadbuilding,
trucking, and other activities, as well as processing activities. The
Forest Service twice delayed promulgation of final regulations, finally
publishing them on June 2, 1977. The provisions of the final
regulations were again liberalized to increase the availability of oral
bidding under the exception language of clause (2) of section 14(e).
Among other things, the final regulations allow oral auction in
dependent communities for 75 percent of timber volume and, when a
pattern of sales to purchasers outside the area of a dependent community
is found, up to 100 percent of timber volume.
Clause (2) of section 14(e) has met with severe criticism by many
segments of the timber industry, criticism that has not been stilled
with the succession of interim, proposed, and final Forest Service
regulations to implement the provision. In the East, where national
forest timber comprises only 9 percent of the raw material used for
plywood and lumber, the Forest Service employs sealed bidding on
virtually all of its sales. On the other hand, in the Pacific Northwest
and California, where the national forests provide 45 to 50 percent of
all such raw material, the predominant method of sale employed by ++EP++
the Fofest Service is oral bidding. % %
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Elsewhere the agency uses a combination of sealed and oral bidding.
(See table I.)
TABLE 1. BIDDING METHODS USED ON NATIONAL FOREST TIMBER SALES:
1964-72
Source "Sealed and Oral Auction Bid Data," Al Wiener memo to Forest
Service files, dated June 16, 1977 (2420 -- appraisal).
Accordingly, clause (2) of section 14(e) requiring sealed bidding has
its greatest impact on the bidding practices for national forest timber
in the West, particularly the Pacific Northwest and California. Timber
purchases in this region argue that section 14(e) subjects them to an
extraordinary degree of uncertainty and threatens the vitality of
so-called "dependent communities", the economies of which are based on
forest products and are sustained almost entirely by timber from the
national forests. The Forest Service, under the final regulations on
section 14(e), has identified 193 dependent communities in western
timber markets. According to the report of the Committee on Agriculture
of the House of Representatives on H.R. 6362, the companion bill to S.
1360 (House Report No. 95-402, p. 4), a survey of 102 of the 193
dependent communities indicates that they contain over 300 timber
processing plants employing over 28,000 workers.
When sealed bidding is employed, timber purchasers are permitted to
make only one bid on the timber offered for sale. All bids are held
secret until the day of the sale, at which time they are opened and the
timber is sold to the highest bidder. Under this bidding system, a
timber purchaser could participate -- actively and competently -- in
several successive national forest timber sales in the market in which
he operates and not make a single purchase. For timber purchasers in
dependent communities with no alternative souces of timber from private
lands, a succession of losing bids will likely result in timber
processing plant closings. In a dependent community which, with its
narrow economic base, relies on that mill, the mill closing means not
only the loss of jobs for a certain number of workers but also the loss
of the economic vitality necessary for community stability.
On the other hand, when timber is sold by oral auction timber
purchasers are able to make several consecutive bids for the resource.
A timber purchaser who needs the timber to keep his plant in operation
can react to the bids of other purchasers and insure his supply of raw
material. In the short run, a mill operator cannot afford to shut down
operations. So long as he can cover fixed costs, he will be willing to
++EP++ bid much higher than he would normally to secure the timber he
needs to maintain his operations. % %
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With oral bidding, he has the opportunity to meet and exceed bids of
competitors which he may not have been able to forsee. He will do so
even if the ultimate price deprives him of profit in order to avoid
closing his mill. Accordingly the oral auction method of selling
national forest timber is well suited to those situations, particularly
in the dependent communities of the West, where there is a single timber
seller (the Forest Service) and no alternative source of timber.
S. 1360, as amended, would rewrite section 14 (e) of the NFMA so as
to remove the statutory preference for sealed bids which that section
establishes. It would permit the Forest Service to return to the
predominantly oral bidding patterns employed prior to enactment of the
NFMA in most national forests in the West. The Forest Service would
presumably continue to use sealed bidding in the eastern national
forests where private lands provide an alternative and easily accessible
source of timber. (As sealed bidding has traditionally been the
predominant method of selling timber in eastern national forests,
section 14 (e) has had no appreciable effect on the timber economy in
the East and S. 1360, as amended, would also have no impact on eastern
timber purchasers.)
The two committees believe that among the most important economic
purposes governing the sale of national forest timber are the attainment
of appraised, or better than appraised, value of the timber, the
assurance of an adequate supply of wood products on the market, the
protection and fostering of competition in the timber industry, the
assurance of the continued existence of small business timber
purchasers; and the maintenance of stable employment in the industry.
In order to accomplish each of these economic purposes, it is necessary
to encourage sufficient investments to establish and maintain mills
where they can efficiently process timber into wood products. This can
be accomplished only if the mill owners have the assurance that they
will be able to purchase the timber necessary for the continued
operation of their plants as long as they are willing to pay more than
anyone else in open competition. S. 1360, as amended, would help provide
that assurance from the only supplier of timber in many areas; the
Federal Government.
Section 14 (e) was added to the NFMA in order to eliminate a
particularly anticompetitive practice: collusive bidding. The concern
of the two committees is that, as worded, section 14 (e) might not only
inhibit the other economic purposes of timber sales discussed above but
also work counter to the purpose of enhancing competition. By requiring
sealed bidding, section 14 (e) poses the threat of large timber
companies purchasing away the timber supply needed by small mills to
survive. Even with the use of oral bidding, the number of small mills
has decreased 200 percent in the Northwest over the past 25 years.
The Federal Government, through the small business timber set aside
and other programs, has attempted to arrest this trend. A compulsory
sealed bidding requirement could have the effect of frustrating these
Federal Government efforts and escalating the trend. The disappearance
of the small mills and increased dominance of timber markets by a few
giant companies would certainly not benefit competition. ++EP++ % %
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Both committees agree collusive bidding is anticompetitive and, as a
restraint of trade, should be vigorously stopped wherever it occurs.
However, there is apparently disagreement between the Forest Service and
the Justice Department as to the extent of collusive bidding in national
forest timber sales. Mr. Joe Sims, Deputy Assistant Attorney General
Antitrust Division of the Justice Department, testified before both
committees (his testimony is printed in the "Executive Communications"
section of this report) that, since 1960, the Department has
investigated situations in at least 10 areas where collusion was
suspected or alleged among purchasers of national forest timber. In
certain instances, the collusion was alleged to have involved several
turns and numerous sales spinning periods as long as a decade. The
Department has presently pending six separate investigations -- three of
them, grand jury investigations of possible collusion in timber sales in
national forests in northern California, Oregon, Washington, Arizona,
and New Mexico. In each case (and in the previous investigations) the
sale method was predominantly oral bidding.
Mr. Sims also disclosed that two criminal cases involving collusive
bidding in national forest timber sales have been brought in the
district of Oregon. In a 1964 case, United States v. Casadia Lumber,
Cr. 61-13, a grand jury indictment was dismissed for insufficient
evidence after presentation of the Government's case at trial. In a
1975 case, United States v. Champion International Corporation, Cr.
74-698, the grand jury indicted 10 individual and corporate defendants
and the court convicted 7 of them. These convictions were recently
unanimously affirmed by the Ninth Circuit Court of Appeals. A companion
civil case has also been filed, seeking recovery of the damages to the
Government from the collusive bidding.
On the other hand, the Forest Service believes that instances of
collusion are scattered, and not widespread. During the Energy and
Natural Resources Committee's hearing on S. 1360 on May 18, Forest
Service Chief John R. Mcguire (who had accompanied Assistant Secretary
of Agriculture M. Rupert Cutler) was asked by Senator Frank Church about
the extent of collusion among purchasers of national forest timber.
McGuire replied that he believed such collusion to be "relatively rate,
isolated." The Forest Service is of the opinion that the forest products
industry is, on the whole, highly competitive. According to Chief
McGuire, less than 1 to 2 percent of the bids for Forest Service Timber
over the past 10 years have been referred to the Department of
Agriculture's Inspector General as possible evidence of noncompetitive
situations or collusion.
Mr. Sims and other proponents of sealed bidding argue in favor of
making that bidding systems the predominent method of selling all
national forest timber on basically four grounds: it fosters
competition; it is the best method in terms of providing evidence for
collusive bidding, a type of restrain of trade notoriously difficult to
discover and prove in court; it insures that timber will sell at prices
more near their true economic value; and it is the statutorily
prescribed standard procedure in sales of other Federal property and
resources, has long been the predominent method of eastern national
forest timber, and is widely use by State and private timber sellers.
As discussed above, the two committees believe that sealed bidding
may in fact discourage competition over the long run by threatening
++EP++ the continued existence of small business timber purchasers. % %
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Furthermore, the two committees note that there is no conclusive
evidence that sealed bidding brings higher timber prices than oral
bidding. Available data show very little difference in the amount
prices exceed appraised timber value whichever bidding method is used.
The argument that sealed bidding is the standard procedure for
Federal Government property and resource sales and eastern national
forest, State and private timber sales, is also unpersuasive. In the
other timber sales and most other Federal property and resource sales,
the seller has no monopoly of the timber or other sale items. There are
also other characteristics of western national forest timber sales which
differentiate such sales from situations in which property and resources
are sold by sealed bids. These characteristics were outlined in a 1967
article by Dr. Walter J. Mead, Professor of Economics at the University
of California, Santa Barbara. On pages 223-224 of the article, "Natural
Resource Disposal Policy-Oral Auction Versus Sealed Bids," Natural
Resource Journal, April 1967, Dr. Mead states,
The basic characteristics of buyer industries may constrain the
public policy choice of bidding method. Thus, an industry that
has an existing heavy fixed investment, uses raw materials that
are relatively immobile economically, must acquire several
successive leases or sales in the life of its fixed plant, is
dependent on a single raw material source, must plan its purchases
subject to severely limited financing, and requires that specific
rather than random sales be obtained, will probably insist on the
oral bidding method. Oral bidding is more suitable under these
circumstances (or even a few of them) since it permits a buyer to
react to challenges from other bidding and to protect his resource
position.
The question of maintaining sealed bidding because of its value to
the Justice Department in its effort to eliminate any collusive bidding
which may be occurring was obviously the most troubling for the two
committees. On balance, however, it was felt that Justice had
successfully prosecuted a collusive bidding suit involving oral bidding;
this suggests the evidence can be collected when oral bidding is
employed. Furthermore, the potential detrimental impacts sealed bidding
may have on competition, the survival of small business, and the
economic stability of dependent communities in western national forests
were considered to out weigh the beneficial impacts such bidding may
have in marginally improving the Federal Government's ability to
discover and prosecute collusive bidding.
During the June 23, 1977, markup of S. 1360 in the Committee on
Energy and Natural Resources, however, the committee specifically
decided to instruct, in the committee report, both the Forest Service
and the Department of Justice to continue to vigorously seek out and
eliminate instances of collusive bidding. In an effort to insure that
this occurs, the amendment in the nature of a substitute offered by
Senator Frank Church was modified with stronger language offered by
Senator Howard Metzenbaum. First, the language providing for the
Secretary's reporting to the Attorney General of instances of suspected
collusion was changed from discretionary to mandatory. Second, the
purpose of the various actions the Secretary could and must take ++EP++
when collusion is suspected was changed so as to read to "eliminate"
rather than "impede" collusive bidding. % %
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Although the Justice Department's testimony had favored sealed
bidding and thus, by implication, opposed S. 1360 (as introduced or
amended, both of which would remove the statutory preference for sealed
bidding), Assistant Secretary of Agriculture M. Rupert Cutler testified
that the Department of Agriculture would not object to repeal of section
14 (e) (although he added repeal might be premature and he was reluctant
to see the NFMA opened to amendment at this time). Both Mr. Sims and
Mr. Cutler objected to the provisions establishing an advisory board on
timber sale methods contained in the bill, as introduced. The Church
amendment, as modified by the Metzenbaum amendment, deletes the advisory
board provisions and, instead of repealing section 14 (e), rewrites it.
During the markup, Senator Church entered into the record a June 20,
1977, letter to him from Assistant Secretary Cutler expressing no
objection to the Church amendment. (The letter is printed in the
"Executive Communications" section of this report).
The Committee on Energy and Natural Resources ordered the measure, as
amended, reported to the Senate by a vote of 12 to 3.
On June 28, 1977, the Committee on Agriculture, Nutrition, and
Forestry considered the bill in markup session. The committee adopted
the language previously agreed to by the Energy and Natural Resources
Committee. The Agriculture Committee believes this language provides
the Secretary of Agriculture with complete flexibility to utilize
whatever bidding method may best achieve the various purposes for which
timber may be sold from national forest system lands. These include,
but are not limited to, securing proper utilization of the forest
resource, meeting sustained yield objectives for harvesting, securing
reasonable and fair competition, meeting the resource requirements of
local communities and small businesses, as well as dealing with paterns
of suspected collusive bidding. The Secretary is specifically free to
change bidding methods whenever various public interest consideration
indicate the advisability to do so.
The Agriculture Committee wishes it understood that the actions which
the Secretary may take, on which he is required to take, when he his a
reasonable belief that collusive bidding practices may be occurring are
not arranged by priority. The Secretary has discretion as to which
action he takes first; the actions do not have to be taken seriutum.
He need not first make a report to the Attorney General in order to
alter bidding methods or take such other action as he deems necessary.
He may change sale size timing, advance notice of bidding method,
pricing, reject bids without stating a reason and reoffer the sale under
a changed bidding method.
The Committee on Agriculture, Nutrition, and Forestry ordered the
measure, as amended by the Committee on Energy and Natural Resources,
reported to the Senate by a 10 to 7 vote.
The Committee on Agriculture, Nutrition and Forestry agreed to offer
an amendment to S. 1360 when the bill is considered by the Senate. The
committee amendment will assure that when timber fron national forest
system lands is sold by oral bid, all prospective purchaser will be
require to submit written qualifying bids. Only prospective purchasers
whose quelifying bids are equal to or in excess of the Forest Service
appraisal will be permitted to participate in the oral bidding process.
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The amendment will also require the Secretary to consider -- as one
of the criteria in the selection of a bidding method whether the method
will assure the economic stability of communities whose economics are
dependent on timber from national forest system lands. ++EP++
SRP SENATE REPORT
770706 (PART 2 OF 5)
COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON
AGRICULTURE, NUTRITION, AND FORESTRY
S 1360, HR 6362
S REP 95-333
95TH CONG, 1ST SESS
77-5163-10 77-5313-20
AMENDING SECTION 14 (E) OF THE NATIONAL FOREST MANAGEMENT ACT
CONCERNING COLLUSIVE BIDDING PRACTICES IN NATIONAL FOREST TIMBER SALES
(PAGES 1 TO 22)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 818 TO 839)
LEGISLATIVE HISTORY, COST WITH 1 LETTER EMBEDDED, REGULATORY IMPACT
EVALUATION, COMMITTEES' RECOMMENDATIONS AND TABULATION OF VOTES,
EXECUTIVE COMMUNICATIONS WITH 1 LETTER EMBEDDED (PAGES 9 TO 12)
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S. 1360 was introduced by Senator Frank Church on behalf of himself
and five cosponsors on April 22, 1977. The bill was referred jointly,
by unanimous consent, to the Committee on Energy and Natural Resources
and the Committee on Agriculture, Nutrition, and Forestry. These two
committees had jointly marked up, and participated in the conference on
the National Forest Management Act of 1976, which S. 1360 would amend.
Hearings were held on S. 1360 on May 16, 1977, by the Subcommittee on
Environment, Soil Conservation, and Forestry of the Agriculture,
Nutrition, and Forestry Committee and on May 18, 1977, by the
Subcommittee on Public Lands and Resources of the Energy and Natural
Resources Committee. The bill was amended and ordered reported, by a
rollcall vote of a quorum present, by the Energy and Natural Resources
Committee on June 23, 1977. The identical amendment was adopted, and
the bill, as amended, was ordered reported, by a rollcall vote of a
quorum present, by the Agriculture, Nutrition and Forestry Committee on
June 28, 1977.
A counterpart bill, H.R. 6362, was introduced in the House of
Representatives and was ordered reported by the Committee on Agriculture
by a 22 to 20 vote on May 23, 1977. The report (H. Rept. 95-402) was
filed on June 9, 1977.
In accordance with subsection (a) of section 252 of the Legislative
Reorganization Act of 1970, the two committees estimate that no
additional budgetary expenditures would be required should S. 1360, as
amended, be enacted.
Set forth below is the June 27, 1977, cost estimate prepared by the
Congressional Budget Office on S. 1360, as amended,
Hon. HENRY M. JACKSON,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, D.C.
Dear MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has reviewed S.
1360, as ordered reported by the Senate Committee on Energy and Natural
Resources, June 23, 1977, a bill to restore stability to the Forest
Service timber sales program.
Based on this review, it appears that no additional cost to the
Government would be incurred as a result of enactment of this bill.
Sincerely,
/s/ALICE M. RIVLIN,
Director. ++EP++
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In compliance with subsection 5 of rule XXIX of the Standing Rules of
the Senate, the committees make the following evaluation of the
regulatory impact which would be incurred in carrying out S. 1360, as
amended,
The bill is not a regulatory measure in the sense of imposing
Government-established standards or significant economic
responsibilities on private individuals and businesses. No personal
information would be collected in administering the program. Therefore,
there would be no impact on personal privacy. Little if any additional
paperwork would result from the enactment of S. 1360, as amended.
The Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry, in open business sessions on June
23, 1977, and June 28, 1977, respectively, by rollcall votes of quorums
present, recommended that the Senate pass S. 1360, if amended as
described herein.
Pursuant to section 133 (b) of the Legislative Reorganization Act of
1946, as amended, the following is a tabulation of the rollcall votes of
the two committees to order favorably reported S. 1360, as amended,
Jackson; Church; Abourezk (p); Haskell; Ford; Durkin; Hansen;
Hatfield (p); McClure; Bartlett (p); Domenici; Laxalt (p)
Metcalf; Bumpers; Metzenbaum
McGovern; Huddleston (p); Stone; Melcher; Dole; Young (p);
Curtis;
Bellmon; Helms (p); Hayakawa
Talmadge; Allen; Humphrey; Clark (p); Leahy; Zorinsky; Lugar
Note. -- "(p)" means the vote was cast by proxy.
Set forth below are the report of the Department of Agriculture,
testimony presented by Deputy Assistant Attorney General Joe Sims, and
an exchange of letters between Senator Frank Church and Assistant
Secretary of Agriculture M. Rupert Cutler, pertaining to S. 1360, ++EP++
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Hon. HENRY M. JACKSON,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, D.C.
Dear MR. CHAIRMAN: As you requested, here is our report on S. 1360,
a bill to establish an Advisory Committee on Timber Sales Procedures
appointed by the Secretary of Agriculture for the purposes of studying,
and making recommendations with respect to, procedures by which timber
is sold by the Forest Service, and to restore stability to the Forest
Service timber sales program and provide an opportunity for
congressional review.
The Department of Agriculture recommends that S. 1360 not be enacted:
however, we would not object to the enactment of section 9 as separate
legislation.
S. 1360 would establish an advisory committee on timber sale
procedures within the Department of Agriculture. The committee would
study the procedures by which the Forest Service sells timber for the
purpose of providing independent recommendations with respect to
establishing procedures for the sale of timber. The committee would be
composed of four members who represent the timber industry, four members
from labor organizations representing workers engaged in processing of
timber, and nine members from the general public who otherwise have a
significant interest in the use of timber resources. A final report to
the Secretary and the Congress would be required by not later than
January 1, 1979. The committee would terminate after transmittal of
their report. Section 9 of the bill would repeal subsection (e) of
section 14 of the National Forest Management Act of 1976, which provides
direction to the Secretary of Agriculture with respect to monitoring
bidding in timber sales, use of sealed bidding, and reporting to the
Attorney General of possible collusive practices or patterns of
noncompetitive bidding.
We in the Department strongly support broad based public
participation in the review of departmental and agency policies and
programs. The National Forest Management Act of 1976, in amending the
Forest and Rangeland Renewable Resources Planning Act, specifically
requires that we provide opportunities for such participation.
We do not believe it is necessary or desirable to establish a
separate advisory committee to advise us on one aspect of national
forest system management. This administration is emphasizing holding
advisory committees to the minimum number essential for effective
administration. The National Forest Management Act provides the
Secretary authority and direction to "establish and consult such
advisory boards as he deems necessary to secure full information and
advice on the execution of his responsibilities." Under this direction,
we can use a national advisory committee to provide broad, overall
guidance on all uses and activities affecting Forest Service programs,
including timber sale procedures. This approach is in keeping with the
intent of the Multiple-Use Sustained-Yield Act, the Forest and Rangeland
Renewable Resources Planning Act, the National Forest Management Act,
and efficient government. ++EP++ % %
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With regard to regulations necessary to implement provisions of the
National Forest Management Act applicable to timber sale procedures, it
was necessary to immediately issue interim regulations in order to
continue programs in a responsible manner. We promptly sought public
comment to aid in the formulation of permanent regulations. Our
proposed permanent regulations were based in large measure on
consideration of the public's comments. We have now gathered both
written and oral comment on our proposed permanent regulations. We are
evaluating this public input and will carefully consider it in
developing the final regulations.
We are aware of the substantial controversy which has resulted from
the implementation of subsection 14 (e) of the National Forest
Management Act of 1976, pertaining to timber bidding. There is
disagreement as to how far the law permits us to go in departing from
the sealed bidding requirement. It is our present judgment that, as a
general rule, we cannot go beyond a maximum of about 75 percent oral
auction bidding and 25 percent sealed bidding in dependent areas, but if
there is a determination of need, the proposed regulations would allow
100 percent oral auction bidding.
If Congress should find that the provisions of subsection 14 (c) are
unnecessarily restrictive, we would not object to enactment of section 9
as separate legislation. If this occurred, the Secretary of Agriculture
would still have the authority and responsibility to do what he deems
necessary to obviate collusive practices in the bidding for national
forest timber. We would not view repeal of subsection 14 (e) as in
anyway lessening this responsibility. We would also like to point out
that since the National Forest Management Act was enacted late in 1976,
we have not had an opportunity to implement final regulations or gain
experience in their implementation. We feel that the repeal of
subsection 14 (e) may be premature. We are reluctant to see the act
opened to amendment at this time.
We estimate the cost of establishing the Advisory Committee, as
proposed in sections 1 through 8 of S. 1360, would be $14,800 in the
current fiscal year; $39,400 in fiscal year 1978; $5,800 in fiscal
year 1979; and no cost in subsequent years. We do not anticipate any
new costs or saving would result from the repeal proposed in section 9.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
administration's program.
Sincerely,
/s/JOHN C. WHITE,
Deputy Secretary. ++EP++
SRP SENATE REPORT
STM STATEMENT
770706 (PART 3 OF 5)
COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON
AGRICULTURE, NUTRITION, AND FORESTRY
S 1360
S REP 95-333
95TH CONG, 1ST SESS
77-S163-10
77-S313-20
AMENDING SECTION 14 (E) OF THE NATIONAL FOREST MANAGEMENT ACT
CONCERNING COLLUSIVE BIDDING PRACTICES IN NATIONAL FOREST TIMBER SALES
(PAGES 1 TO 22)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 818 TO 839)
STATEMENT OF JOE SIMS, DEPUTY ASSISTANT ATTORNEY GENERAL, ANTITRUST
DIVISION, US DEPARTMENT OF JUSTICE WITH 2 LETTERS EMBEDDED (PAGES 12 TO
17)
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I am pleased to be here this morning to present the views of the
Department of Justice on S. 1360. This bill would establish within the
Department of Agriculture an Advisory Committee on Timber Sales
Procedures and would repeal section 14 (c) of the National Forest
Management Act of 1976.
The Advisory Committee would study procedures by which the Forest
Service sells timber and provide recommendations for procedures ++EP++ %
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% % which would be in the long-term public interest. Stated goals are
community stability, recognition of location diversity, climate and
species, stable return to the Federal Government, and diversity in
sizes, types, and locations of operations and facilities which process
timber.
The need to create this Advisory Committee is unclear. It is our
understanding that the Secretary of Agriculture already possesses
whatever authority he may need to seek advice on timber sales
procedures. /1/ In a time when the thrust of governmental activity is to
reduce the number of such units, it would be anomalous to create
additional, formal governmental units unnecessarily.
((/1/ See statement of Hon. Bob Bergland before the Subcommittee on
Forests, Committee on Agriculture, House of Representatives, on H.R.
5863, April 5, 1977.))
Moreover, we are concerned about the specific goals which would guide
the proposed Advisory Committee's recommendations. They appear to be
heavily oriented toward the status quo, and while supposedly consistent
with the "public interest," fail to specifically include the important
factor of competition. Sales of timber, like sales of other natural
resources controlled by the Government, are dependent on a fully
competitive market. Existing and pending legislation relating to
Government sale or lease of other natural resources demands strong
attention to competitive considerations /2/ and we think such
considerations should be primary in governmental decisionmaking
regarding timber sales.
((/2/ See e.g., the proposed "Outer Continental Shelf Lands Act
Amendments of 1977." H.R. 1614 (95th Cong., 1st Sess.); the Naval
Petroleum Reserves Act of 1976, Public Law No. 94-258; and the Federal
Coal Leasing Amendments Act of 1975, Public Law No. 94-377.))
Let me now turn to section 9 of the bill, which would repeal section
44 (e) of the act. Section 14 (e) requires the Secretary to use sealed
bidding in order to obviate collusive practices except where he
determines to do otherwise by regulation. It was added to the act in
response to recognition of the competitive dangers inherent in oral
bidding procedures. S. 1360 would repeal it, even before it has been
effectively applied and its intended procompetitive effects measured.
Thus, S. 1360 presents a number of important competitive issues.
These cover the existence of collusion in bidding for Forest Service
timber, the extent to which would-be competitors for the purchase of
such timber are deterred by historically dominant firms in given areas,
whether oral bidding procedures create or exacerbate these problems and
whether sealed bidding techniques may provide solutions, or at least
alleviate anticompetitive effects.
The Department of Justice has acquired some experience in this area
through a number of investigations of possible antitrust violations.
Since 1960 we have investigated situations in at least 10 areas where
collusion was suspected or alleged among purchasers of national forest
timber. In some of these areas, collusion was believed to have involved
several firms and numerous timber sales during periods lasting as long
as 10 years. Six areas are currently being investigated for possible
timber bidding collusion. Since these investigations are being carried
out by several different grand juries, I am not at liberty to discuss
them in detail. However, they cover various Federal forests in northern
California, Oregon, Washington, Arizona, and New Mexico. It is
noteworthy that over the years, our investigations have ++EP++ concerned
areas where oral bidding was the predominant method of selling timber.
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Two criminal cases involving collusive bidding on national forest
timber sales have been brought, both in the district of Oregon. In the
first, United States v. Cascadia Lumber, Cr. 64-13, a grand jury
indictment was dismissed in 1964 for insufficient evidence after
presentation of the Government's case at trial. In the second, United
States v. Champion Int'l Corp., Cr. 74-698, the grand jury indicted 10
individual and corporate defendants. After a lenghty trial in 1975, the
court convicted seven defendants and acquitted three. These convictions
have very recently been unanimously affirmed by the Ninth Circuit Court
of Appeals. A companion civil case has also been filed, seeking
recovery of the damages caused to the Government by the collusive
bidding of the defendants.
Collusive bidding is one of the more difficult antitrust violations
to discover and prove in court. Unless there is an informer or other
direct evidence of an agreement, it is very difficult to show that the
absence of competitive bids is due to concerted behavior. Direct
evidence is very difficult to obtain, especially in a tightly knit
industry as the timber industry. Thus, the Government may have to rely
exclusively upon circumstantial evidence consisting of the bidding
results alone, which may be "explained away" by the defendants.
The oral auctions employed in the past by the Forest Service have
compounded the difficulty in proving collusion on national forest timber
sales. Oral bidding makes it easier to coordinate and easier to enforce
a collusive bidding agreement, because less need be agreed upon in
advance of the auction by the participants in such an agreement. The
conspirators need do little more than generally allocate a sale to one
of their number, and leave the details to the flexible oral procedure.
Since there is little need for detailed plans and policing procedures,
there is little trail left for us to follow.
In the past, oral bidding has permitted some timber buyers to
dominate timber sales in certain areas, precluding other, perhaps more
efficient, firms from taking timber. This may occur even without
collusion. The oral auction procedure facilitates this by making legal
intimidation possible through emotional, selectively high or retaliatory
bidding behavior by certain firms.
A firm may become dominant in a particular area by means of a
collusive arrangement or through historical buying patterns. The
dominant firm indicates through its bidding its intention to purchase
any timber offered by the Forest Service in certain areas. When timber
sales are offered within that area, the company bids to whatever level
is necessary to purchase the timber. This practice dissuades bidding by
other firms, which soon learn the futility of attempting to purchase
timber in the dominant firm's "territory." The result is that many, if
not most, of the timber offered in such an area is sold without bidding
challenge, at the minimum price the Forest Service will accept.
Purchasing some sales at minimum gives the dominant firm the economic
base to bid as high as necessary, even above its projected economic
breakeven point, on sales where bidding challenges are offered. This
preclusive bidding raises a significant barrier to entry in the forest
products industry and stifles innovation and efficiency by perpetuating
the status quo. In addition, ++EP++ the Government frequently receives
less than a competitive price for its timber. % %
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These problems are not new they were identified by the Comptroller
General in his 1965 Report on bidding. /3/
((/3/ Report by the Comptroller General to the Congress of the United
States, "Questionable Aspects of Oral Auction Bidding For Federal Timber
Sold at Certain Locations in the Pacific Northwest," February 1965.
Several firms may come to dominate Forest Service timber sales in an
area as a result of historical buying patterns under an oral auction
system, then find it necessary to enter a collusive arrangement in order
to maintain that pattern in the face of a dwindling supply of timber or
increasing bidding challenges by nonhistorical purchasers. When this
happens, circumstantial evidence of an agreement is hard to establish
because no previous competitive pattern can be used to contrast with the
bidding behavior during the alleged conspiracy period.
With these problems in mind, one may look to sealed bidding as a
possible solution. Sealed bidding has two purposes -- to insure a fair
opportunity among the bidders and a fair price to the agency contracting
by that method. Sealed bidding is the standard procedure in Federal
Government procurement. /4/ It has long been the predominant method of
sale of national forest timber east of the Rockies and is widely used by
State and private sellers of timber.
((/4/ 41 U.S.C. section 251 it.))
We believe that sealed bidding will very effectively lessen collusion
on national forest timber sales. Because each bidder has only one bid
and the bids of others are secret, each bidder must bid at a level which
corresponds to his interest in a given sale. To implement a collusive
arrangement under sealed bidding, a bidder would have to arrange the
actual amounts bid by every likely active bidder, whereas under oral
bidding the few dominant firms can control the bidding by merely knowing
the general needs and interests of the other dominant firms. Even where
a group of bidders allocated a series of sealed bid sales among
themselves by agreement, one winning bid by a nonconspiring firm on an
important sale would completely upset the allocation scheme. Efforts to
make a conspiracy foolproof would have to be substantial -- and thus
more difficult to hide. The threat of severe antitrust penalties would
thus become a real one.
We believe that sealed bidding will have benefits beyond forestalling
collusion. Under sealed bidding, national forest timber will sell at
prices more near its true economic value, rather than frequently at the
minimum price and occasionally at a very high (preclusive) price, as has
been observed in some areas over periods lasting many years. When firms
consistently purchase timber near the actual value they assign to it,
the more efficient firms will be the more successful bidders. Thus,
sealed bidding encourages and rewards innovation and efficiency. To the
extent that oral bidding perpetuates an inefficient status quo by
inulating established operations from the competition of new entrants or
more innovative outside firms, it operates against the public interest.
We believe that values of competition and open markets should weigh
heavily in any assessment of the public interest with regard to timber
selling methods. Absent unique and compelling specific situations, U.S.
Government timber, as other limited natural resources, ++EP++ should be
sold by the method which best guarantees that this vital raw material
will be available to all interested and that the government will receive
the most competitive price for timber. % %
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We think that sealed bidding techniques generally satisfy this
requirement. The current statutory recognition of this fact, which
incorporates sufficient flexibility to deviate from sealed bidding
procedures when such would be in the public interest, is thus in our
view entirely appropriate. We see no need for its alteration,
particularly at a time when its intended salutary effects have really
yet to be measured.
Mr. Chairman, this concludes my prepared statement. I will be happy
to answer any questions the Subcommittee may have.
Hon. RUPERT CULTER,
Assistant Secretary of Agriculture,
Department of Agriculture,
Washington, D.C.
DEAR SECRETARY CUTLER: After many hours of consultation with all
interested parties, about the controversy surrounding section 14 (e) of
the National Forest Management Act of 1976, I have drafted the following
compromise language as a substitute for the existing section 14 (e),
(e) The Secretary of Agriculture shall monitor bidding patterns
involved in the sale of trees, portions of trees, or forest products
from national forest system lands. If the Secretary has a reasonable
belief that collusive bidding practices may be occurring, them he may
take such action as he deems necessary to impede such practices within
the affected areas, including but not limited to,
(1) Reporting instances of possible collusive bidding or
suspected collusive bidding patterns to the Attorney General of
the United States with any and all supporting data; and
(2) Altering the bidding methods used within the affected area.
When the full Energy and Natural Resources Committee begins
consideration of S. 1360 on Thursday, June 23, I plan to offer this
language as an amendment in the nature of a substitute for the text of
S. 1360. I feel that this amendment will provide the Forest Service
with enough authority and with specific congressional direction to help
the Justice Department put a stop to collusion among timber purchasers,
if any such activity is taking place. However, the amendment would also
allow a return to traditional methods of selling timber in the
Northwest, and remove the present cloud of suspicion from honest western
timber purchasers.
I understand that the proposed language has been approved by the
Forest Service's timber management staff, as well as the Department's
Solicitor.
I would appreciate it very much if you could tell me prior to the
Energy Committee marking session on Thursday whether or not this
proposed language provides you with the necessary tools to help stop
collusive activities if such activities are occurring. ++EP++ % %
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Thank you for your attention to this matter.
With best wishes,
Sincerely,
/s/FRANK CHURCH.
Hon. FRANK CHURCH,
U.S. Senate,
Washington, D.C.
DEAR SENATOR CHURCH: This letter is in response to your letter of
June 20, 1977, asking for our comments on a proposed amendment to
section 14 (e) of the National Forest Management Act of 1976. We have
no objection to the proposed amendment, and believe it would provide
workable authority on this issue. As contained in the proposed
amendment, we believe the action the Secretary takes when he has a
reason to believe collusion may be occurring, should be discretionary
and thus, we support the phrase "then he may take such aaction as he
deems necessary. . . ." If the term "shall" was used instead of "may,"
anytime we took an action, for instance a change in bidding methods,
there might be an assumption by the public that we had information on
possible collusion, which might or might not be true.
Another alternative would be to delete item (2) "altering the bidding
methods used within the affected area." If that occurred, we would have
no objection to making the reporting to the Attorney General a mandatory
requirement.
We appreciate the opportunity to comment on your proposal.
Sincerely,
SRP SENATE REPORT
STM STATEMENT
770706 (PART 4 OF 5)
COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE
COMMITTEE ON AGRICULTURE,
NUTRITION, AND FORESTRY
S 1360
S REP 95-333
95TH CONG, 1ST SESS
77-S163-10
77-S313-20
AMENDING SECTION 14 (E) OF
THE NATIONAL FOREST MANA
GEMENT ACT CONCERNING COLLUSIVE BIDDING PRACTICES
IN NATIONAL FOREST TIMBER
SALES (PAGES 1 TO 22)
COMPILATION OF THE FOREST
AND RANGELAND RENEWABLE
RESOURCES ACT OF 1974 (PAGES 818 TO 839)
MINORITY VIEWS OF MESSRS
DALE BUMPERS, LEE METCALF,
AND HOWARD METZENBAUM (PAGES 18 TO 19)
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We are strongly opposed to S. 1360, which would repeal section 14(e)
of the National Forest Management Act of 1976, Public Law 94-588, which
directed the Secretary of Agriculture to take certain actions to obviate
collusive bidding practices in sales of National Forest timber.
Section 14(e) provides as follows,
The Secretary of Agriculture shall take such action as he may
deem appropriate to obviate collusive practices in bidding for
trees, portions of trees or forest products from National Forest
System lands, including but not limited to
(1) establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding,
(2) requiring sealed bidding on all sales except where the
Secretary determines otherwise by regulation; and
(3) requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Attorney General of the United States with any and all
supporting data.
The Secretary has adequate flexibility under the act to adjust
bidding methods as necessary to minimize adverse impacts on dependent
communities. In fact, the Secretary has proposed regulations under the
act which could allow oral bidding in 100 percent of the sales in "areas
tributary to dependent communities."
Repealing section 14(e) will increase the likelihood of collusion.
Collusion is one of the more difficult antitrust violations to discover
and prove in court. Oral auctions by the Forest Service have compounded
the difficulty in proving collusion on national forest timber sales,
according to the Department of Justice.
The Justice Department has conducted investigations in at least 10
areas since 1960, and only one conviction has been obtained. The case
is presently on appeal to the Ninth Circuit Court of Appeals. Each of
the investigations concerned an area where oral bidding was the
predominant method of selling timber.
Sealed bidding has traditionally been used in the South and the East.
In th South and the East 94 percent of the sales from 1964 to 1972 were
by sealed bid (5.26 billion board feet versus 0.35 billion board feet in
oral sales. Sealed bids brought 63 percent more than oral sales --
$9.29/mbf versus oral sales at $5.69/mbf.
Over the 9 year period, a conservative estimate is that $100 million
more in revenue would have been developed in western regions I through
VI if sealed bidding had been used. Under sealed bidding, national
forest timber will sell at prices nearer its true economic value. ++EP++
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In the first quarter of 1977, when sealed bidding was used almost
exclusively in western Oregon and Washington, the price bid for national
forest timber averaged 85 percent above the Forest Service appraisals.
In the previous quarter when oral bidding was the dominant practice, the
bid price averaged 71 percent above appraisals. Over 40 percent of the
national forest timber sold comes from these two States.
According to the Department of Justice, oral bidding has permitted
some timber buyers to dominate timber sales in certain areas, precluding
other, perhaps more efficient, medium-size firms from successfully
bidding for timber. The oral auction procedure allows some firms to
allocate sales by legal intimidation through selectively high or
retaliatory bidding.
As a result of this practice, medium-size mills located in these
areas are faced with cutbacks in timber purchases from their traditional
national forest sources. Sealed bidding offers these smaller firms a
chance to move beyond their home areas and have a fair chance at
purchasing the timber they need for their mills to continue operation, a
chance which sealed bidding preserves but which open bidding is
foreclosing.
Sealed bidding is the best method for guaranteeing that U.S.
Government timber will be available to all interested parties. This
method also results in the Government receiving the proper competitive
price for timber. Repealing section 14(e) of the National Forest
Management Act jeojardizes the chance to achieve these goals and could
result in oral bidding in areas where the Forest Service has
traditionally used sealed bidding. The goals for national forest timber
should be such important matters as,
1. Good forest conservation,
2. Best utilization of the timber cut,
3. Fair and reasonable prices for the timber sold,
4. Award of sales to a wide range of firms so that large firms
do not dominate the purchases,
5. Providing wood for the people of this Nation.
/s/DALE BUMPERS.
/s/LEE METCALF.
/s/HOWARD METZENBAUM. ++EP++
SRP SENATE REPORT
770706 (PART 5 OF 5)
COMMITTEE ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON
AGRICULTURE, NUTRITION, AND FORESTRY
S 1360
S REP 95-333
95TH CONG, 1ST SESS
77-S163-10
77-S313-20
AMENDING SECTION 14 (E) OF THE NATIONAL FOREST MANAGEMENT ACT
CONCERMING COLLUSIVE BIDDING PRACTICES IN NATIONAL FOREST TIMBER SALES
(PAGES 1 TO 22)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 818 TO 839)
CHANGES IN EXISTING LAW, THE NATIONAL FOREST MANAGEMENT ACT OF 1976
(PAGES 19 TO 22)
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In compliance with subsection 4 of rule XXIX of the Standing Rules of
the Senate, changes in existing law made by S. 1360, as reported, are
shown as follows (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italie, existing law in which
no change is proposed is shown in roman),
2949) ++EP++ % %
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SEC. 14. (a) For the purpose of achieving the policies set forth in
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.
528-531) and the Forest and Rangeland Renewable Resources Planning Act
of 1974 (88 Stat. 476; 16 U.S.C. 1601-1610), the Secretary of
Agriculture, under such rules and regulations as he may prescribe, may
sell, at not less than appraised value, trees, portions of trees, or
forest products located on National Forest System lands.
(b) All advertised timber sales shall be designated on maps,
and a prospectus shall be available to the public and interested
potential bidders.
(c) The length and other terms of the contract shall be
designed to promote orderly harvesting consistent with the
principles set out in section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended. Unless
there is a finding by the Secretary of Agriculture that better
utilization of the various forest resources (consistent with the
provisions of the Multiple-Use Sustained-Yield Act of 1960) will
result, sales contracts shall be for a period not to exceed ten
years: Provided, That such period may be adjusted at the
discretion of the Secretary to provided additional time due to
time delays caused by an act of an agent to the United States or
by other circumstances beyond the control of the purchaser. The
Secretary shall require the purchaser to file as soon as
practicable after execution of a contract for any advertised sale
with a term of two years or more, a plan of operation, which shall
be subject to concurrence by the Secretary. The Secretary shall
not extend any contract period with an original term of two years
or more unless he finds (A) that the purchaser has diligently
performed in accordance with an approved plan of operation or (B)
that the substantial overriding public interest justifies the
extension.
(d) The Secretary of Agriculture shall advertise all sales
unless he determines that extraordinary conditions exist, as
defined by regulation, or that the appraised value of the sale is
less than $10,000. If, upon proper offering, no satisfactory bid
is received for a sale, or the bidder fails to complete the
purchase, the sale may be offered and sold without further
advertisement.
(e) The Secretary of Agriculture shall take such action as he
may deem appropriate to obviate collusive practices in bidding for
trees, portions of trees, or forest products from National Forest
System lands, including but not limited to
(1) establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding,
(2) requiring sealed bidding on all sales except where the
Secretary determines otherwise by regulation; and
(3) requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Attorney General of the United States with any and all
supporting data.)
(e) The Secretary of Agriculture shall monitor bidding patterns
involved in the sale of trees, portions of trees, or forest
products from National Forest System lands. If the Secretary has
a reasonable belief that collusive bidding practices may be
occurring, then ++EP++
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(1) he shall report any such instances of possible collusive
bidding or suspected collusive bidding practices to the Attorney
General of the United States with any and all supporting data,
(2) he may alter the bidding methods used within the affected
area; and
(3) he shall take such other actions as he deems necessary to
eliminate such practices within the affected area.
(f) The Secretary of Agriculture, under such rules and
regulations as he may prescribe, is authorized to dispose of, by
sale or otherwise, trees, portions of trees, or other forest
products related to research and demonstration projects.
(g) Designation, marking when necessary, and supervision of
harvesting of trees, portions of trees, or forest products shall
be conducted by persons employed by the Secretary of Agriculture.
Such persons shall have no personal interest in the purchase or
harvest of such products and shall not be directly or indirectly
in the employment of the purchaser thereof.
(b) The Secretary of Agriculture shall develop utilization
standards, methods of measurement, and harvesting practices for
the removal of trees, portions of trees, or forest products to
provide for the optimum practical use of the wood material. Such
standards, methods, and practices shall reflect consideration of
opportunities to promote more effective wood utilization, regional
conditions, and species characteristics and shall be compatible
with multiple use resource management objectives in the affected
area. To accomplish the purpose of this subsection in situations
involving salvage of insect-infested, dead, damaged, or down
timber, and to remove associated trees for stand improvement, the
Secretary is authorized to require the purchasers of such timber
to make monetary deposits, as a part of the payment for the
timber, to be deposited in a designated fund from which sums are
to be used, to cover the cost to the United States for design,
engineering, and supervision of the construction of needed roads
and the cost for Forest Service sale preparation and supervision
of the harvesting of such timber. Deposit of money pursuant to
this subsection are to be available until expended to cover the
cost to the United States of accomplishing the purposes for which
deposited; Provided, That such deposits shall not be considered
as moneys received from the national forests within the meaning of
sections 500 and 501 of title 16, United States Code: And
provided further, That sums found to be in excess of the cost of
accomplishing the purposes for which deposited on any national
forest shall be transferred to miscellaneous receipts in the
Treasury of the United States.
(i)(1) For sales of timber which include a provision for
purchaser credit for construction of permanent roads with an
estimated cost in excess of $20,000, the Secretary of Agriculture
shall promulgate regulations requiring that the notice of sale
afford timber purchasers qualifying as "small business concerns"
under the Small Business Act, as amended, and the regulations
issued thereunder, an estimate of the cost and the right, when
submitting a bid, to elect that the Secretary build the proposed
road: Provided, That the provisions of this subsection shall not
apply to sales of timber on National Forest System lands in the
State of Alaska. ++EP++
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(2) If the purchaser makes such an election, the price
subsequently paid for the timber shall include all of the
estimated cost of the road. In the notice of sale, the Secretary
of Agriculture shall set a date when such road shall be completed
which shall be applicable to either construction by the purchaser
or the Secretary, depending on the election. To accomplish
requested work, the Secretary is autorized to use from any
receipts from the sale of timber a sum equal to the estimate for
timber purchaser credits, and such additional sums as may be
appropriated for the construction of roads, such funds to be
available until expended, to construct a road that meets the
standards specified in the notice of sale.
(3) The provisions of this subsection shall become effective on
October 1, 1976.
/s/DALE BUMPERS.
/s/LEE MECCALF.
/s/HOWARD M. METZENBAUM. ++EP++
HRP HOUSE REPORT
770609 (PART 1 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
BRIEF EXPLANATION OF THE LEGISLATION, PURPOSE AND NEED FOR THE
LEGISLATION, ADVISORY COMMITTEE (PAGES 1 TO 5)
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The Committee on Agriculture, to whom was referred the bill (H.R.
6362), to establish an Advisory Committee on Timber Sales Procedure
appointed by the Secretary of Agriculture for the purposes of studying,
and making recommendations with respect to, procedures by which timber
is sold by the Forest Service, and to restore stability to the Forest
Service timber sales program and provide an opportunity for
congressional review, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended do pass.
The amendments are as follows,
Page 2, line 24, delete "fifteen" and insert in lieu thereof
"seventeen".
Page 3, line 9, delete "Seven" and insert in lieu thereof "Nine".
Page 3, lines 10 and 11, delete the phrase "may represent forestry
schools, who are Federal, State, or local officials, or who".
Page 4, line 1, delete "section 5703(b)" and insert in lieu thereof
"sections 5701-5707".
H.R. 6362 would establish within the Department of Agriculture an
Advisory Committee on Timber Sales Procedures to study and make
recommendations to the Secretary of Agriculture, and to the Committee on
Agriculture of the House and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, with respect to the ++EP++ procedures by
which the Forest Services sells timber. % %
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The bill would also repeal subsection 14 (e) of the National Forest
Management Act of 1976 which presently requires that the Forest Service
employ a sealed bidding procedure for sale of timber unless the
Secretary of Agriculture determines otherwise by regulation.
Subsequent to Word War II and until enactment of the National Forest
Management Act of 1976, the Forest Service sold most National Forest
timber in the Western United States using an oral bidding procedure.
Subsection (e) of section 14 of that act provides,
(e) The Secretary of Agriculture shall take such action as he may
deem appropriate to obviate collusion practices in bidding for trees,
portions of trees, or forest products from National Forest System lands,
including but not limited to
(1) establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding,
(2) requiring sealed bidding on all sales except where the
Secretary determines otherwise by regulation: and
(3) requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Attorney General of the United States with any and all
supporting data.
The legislative history of this provision is meagre. It was
originally contained in the House, but not the Senate, version of the
legislation, and was included in the House bill at the instance of Mr.
Krebs. As passed by the House, the sealed bidding requirement contained
in paragraph (2) was confined to relatively small sales, that is, sales
of 1 million board feet or less. However, in conference the provision
was extended, at the instance of the Senate, to cover all sales, except
where the Secretary of Agriculture determines otherwise by regulation.
The conference report indicated that the Secretary possessed the
discretion to employ oral bidding or a mix of bidding methods when
protection of the economic stability of dependent communities or other
considerations indicate the need to do so. This was qualified in a
subsequent floor colloquy between the provision's original sponsor, Mr.
Krebs, and Chairman Foley during House consideration of the conference
report. Mr. Foley and Mr. Krebs agreed that, while the Secretary's
discretion to depart from the sealed bidding requirement was not
confined to situation in which use of oral bidding was indicated to
protect the economic stability of dependent communities, the Secretary
does not have carte blanche authority to depart from the sealed bid
requirement and can do so only when it would be in the best interest of
the American people.
Immediately after enactment of the National Forest Management Act,
the Forest Service adopted interim regulations which required use of
sealed bids but permitted use of the oral auction method up to 50
percent of the time in dependent communities. After a rulemaking
proceeding which extended over 6 months and involved extensive imput
from the public and the timber industry, the Forest Service published in
the Federal Register of June 2, 1977 (42 F.R. 28251) ++EP++ final
regulations which provide that, in areas determined to be dependent on
National Forest timber, the Forest Service will offer a combination of
bidding methods amounting to approximately 75 percent oral and 25
percent sealed bids by volume. % %
% %
However, the proportion of volume sold by oral auction may be
increased in the case of large individual sales or if the volume
purchased by firms outside of the tributary area equals or exceeds the
volume previously purchased by such firms.
Implementation of this provision by the Forest Service has been
controversial because it subjects timber purchasers and small
communities in many western timber markets to an extraordinary degree of
uncertainty. A small independent operator has no way of knowing whether
a sale which he needs will be made under the sealed or oral bid method.
The Forest Service is, effectively, the only seller of timber in many
western timber markets. If a timber purchaser does not bid successfully
for National Forest timber, he often has no alternative source of timber
supply. According to the Forest Service, there are 183 communities
predominantly in the West, which are dependent on National Forest
timber.
Under sealed bidding, timber purchasers are allowed a single bid on
the timber offered in the sale. All the bids are held secret until they
are opened, and the timber is sold to the highest bidder. Thus, a
timber purchaser could participate -- actively and competently -- in
several successive National Forest timber sales in the market in which
he operates and not be successful in his purchase of such timber.
Ultimately, because of a lack of an alternative source of timber supply,
he will have to shut down any timber processing plants he may operate.
Where the plants are located in small communities with a narrow economic
base -- which is common in the West -- there will not only be a loss of
jobs for many workers, but loss of the basis for community stability as
well.
Under oral bidding, timber purchasers can make several consecutive
bids for the timber offered in the sale. A timber purchaser who needs
the timber to continue operating his plant, can react to the bids of
other purchasers and insure his supply of raw material. In the short
run, a mill operator cannot afford to shut down operations so long as he
can cover his fixed costs. He will be willing to bid much higher than
he would normally to secure the timber he needs to continue operating.
At an oral auction, he has an opportunity to meet competition that he
may not have been able to foresee. Thus, oral bidding is well suited to
instances where there is a single, timber seller and no alternative
sources of timber. Repeal of subsection 14(e) of the National Forest
Management Act would again allow extensive use of oral bidding in
National Forest timber sales, particularly in the West. The Forest
Service presumably would continue to use sealed bids in Eastern areas
where National Forest timber represents a much smaller proportion of the
total amount of the timber available. In the East, processing mills are
not as dependent on Federal timber sales as they are in the West.
In addition to receiving an adequate price for timber, a public
interest which is protected by the requirement that it be sold at not
less than the appraised value, the public has an interest in assuring a
++EP++ supply of wood products on the market, in protecting the
opportunity for competition in the timber industry, and in maintaining
stable employment in the forest products industry. % %
% %
A survey of 102 of the 183 communities classified by the Forest
Service as dependent on National Forest timber indicates that they
contained over 300 timber-processing plants employing over 28,000
workers. It is in the public interest to encourage the investment
necessary to establish and maintain mills where they can efficiently
process timber into wood products and provide jobs and economic support
for small communities. This requires that these mills have an assurance
that they will be able to purchase the timber necessary for their
continued operation as long as they are willing to pay more than anyone
else in open competition.
Subsection 14(e) was included in the act to restrict the
opportunities for collusion among bidders for Forest Service timber, a
situation that was felt to be a problem in some western areas where oral
bidding procedures had been used. However, no public hearings had been
held on the sepcific issue of National Forest timber sales bidding
methods before the provision was included in the act. The Forest
Service position has been that the act requires sealed bidding
procedures unless there can be a finding that the public interest
requires oral auctions. Forest Service regulations do permit use of
oral bidding in dependent communities. However, these regulations do
not guarantee each small operator the opportunity to respond to the bids
of outside competitors for the timber needed to keep his mill in
operation.
The committee bill would establish a temporary advisory committee to
be appointed by the Secretary of Agriculture within 30 days after
enactment of the bill. The advisory committee would study the
procedures by which the Forest Service sells timber including, among
other things, the means by which such timber is put up for sale,
appraised, bid upon, and the factors affecting pricing of such timber.
The advisory committee must submit to the Secretary, and to the House
Committee on Agriculture and the Senate Committee on Agriculture,
Nutrition, and Forestry, not later than January 1, 1979, a report of its
findings together with advice and recommendations for changes which must
be the product of the committee's independent judgment. The advisory
committee shall cease to exist on the date it transmits its report.
The committee would be composed of seventeen members of whom four
would represent those segments of the timber industry which purchase
timber from the Forest Service; four would be from labor organizations
representing workers engaged in the processing of timber; and nine
would be members from the general public who have a significant interest
in the use of timber resources other than as representatives of
purchasers of National Forest timber or labor organizations representing
workers engaged in the processing of timber.
Subsection 14(e) of the National Forest Management Act, which
requires the use of sealed bidding in the sale of National Forest
timber, was inserted in the Act during markup of the House bill and had
not been the subject of public hearings. It was expanded during the
House Senate conference. It abruptly changed procedures for sale of
National ++EP++ Forest timber in the crucial Pacific Northwest federal
timber producing region and has destabilized the timber industry there
by depriving small operators of their opportunity to bid as high as
necessary to purchase needed timber. % %
% %
These operators had enjoyed such an opportunity for over a quarter of
a century under the highly competitive oral auction timber sale method
heretofore utilized by the Forest Service.
The committee views with alarm the recent failure of several small
mills in the Pacific Northwest. It is clear that subsection 14(e) was
included in the National Forest Management Act without adequate
information as to its potential impact. At the same time, the committee
sees an urgent need to study Forest Service timber sales procedures to
ensure that the public interest is protected. The Subcommittee on
Forests is about to embark upon long overdue oversight of Forest Service
activities under the Forest and Rangeland Renewable Resources Act of
1974, as amended, which cannot be further deferred. At the same time,
the committee felt that the broad responsibilities of the national
advisory committee contemplated to be created by the Secretary of
Agriculture pursuant to the National Forest Management Act of 1976 will
not permit it to address this important timber sale issue with the
expedition which the situation demands. Therefore, the creation of a
temporary advisory committee, to conduct a study and report in not more
than 18 months, seemed the most efficient mechanism for this purpose.
The estimated costs to the Federal Government of operating the
advisory committee over its eighteen-month life would amount to
approximately $60,000. However, the committee anticipates that these
costs would not require additional appropriations but would be absorbed
within operating funds otherwise available for carrying out the
activities of the Department of Agriculture pursuant to section 4 of the
act of August 3, 1956, 7 U.S.C. 2233.
In compliance with section 5 of Public Law 92-463 the committee
determined that the functions of the proposed temporary advisory
committee could not be performed by one or more existing agencies or
advisory committees.
In its consideration of the functions of this temporary committee,
the committee therefore provided that the amended bill,
(1) Contains clearly defined purposes,
(2) Require the membership of the temporary advisory committee
to be fairly balanced in terms of the points of view represented
and the functions to be performed,
(3) Contain appropriate provisions to assure that the advice
and recommendations of the temporary committee will not be
inappropriately influenced by the appointed authority or by any
special interest, but will instead be the result of such
committee's independent judgment,
(4) Contain provisions dealing with authorization of
appropriations, the date for submission of reports, the duration
of the committee and the publication of reports and other
materials, and
(5) Contain provisions which will assure that the committee
will have adequate staff (either supplied by an agency or employed
by it), will be provided adequate quarters, and will have funds
available to meet its other necessary
expenses. ++EP++
HRP HOUSE REPORT
770609 (PART 2 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
SECTION-BY-SECTION ANALYSIS (PAGES 6 TO 7)
% %
% %
Section 1 would establish within the Department of Agriculture, an
advisory committee to be known as the Advisory Committee on Timber Sales
Procedures.
Section 2 establishes as the purpose of the Advisory Committee
created by section 1 the study of the procedures by which the Forest
Service sells timber. Such study shall include a study of the methods
and conditions of sale, the means by which timber is put up for sale,
appraised, and bid upon, and the factors affecting the pricing of such
timber. The Committee will be required to provide its independent
recommendations with respect to procedures under which the Forest
Service will be able to sell timber in a manner which will provide for
community stability, recognize the diversity of geographical location,
climate, species, and other factors, and be over the long term the most
beneficial to the public interest and provide the most stable return to
the Federal Government. At the same time, it will be important to
maintain diversity in terms of sizes, types, and locations of operations
and facilities which process timber. The section further provides that
it is the sense of Congress that the advice and recommendations of the
committee should be the result of the committee's independent findings
and judgement.
Section 3 provides that the committee shall be composed of 17 members
appointed by the Secretary of Agriculture within 30 days after enactment
of this act. Four members must represent segments of the timber
industry which purchase timber from the Forest Service. Four members
must be drawn from labor organizations representing workers engaged in
the processing of timber. And nine members must be drawn from among the
general public who have a significant interest in the use of timber
resources other than as members of the timber industry or labor
organizations representing workers engaged in the processing of timber.
The chairman of the committee shall be appointed by the Secretary.
Section 4 provides that, except for full-time officers or employees
of the United States, who shall receive no additional pay on account of
their service on the committee, members of the committee shall serve
without pay. However, while away from their homes or regular places of
business in the performance of services for the committee, members of
the committee shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service.
Section 5 requires the Secretary to provide that the committee meet
as soon as practicable after all the members are appointed and again as
often thereafter as the Secretary determines necessary to timely
complete the report as required by section 7.
Section 6 requires the Secretary to provide an adequate number of
employees form the Department of Agriculture to assist the members of
the committee in performing their duties.
Section 7 requires the committee, not later than January 1, 1979, to
transmit to the Secretary and to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture. Nutrition,
and Forestry of the Senate a final report containing a detailed
statement of the findings and conclusions of the committee with such
recommendations as it deems appropriate. ++EP++ % %
% %
Section 8 provides that the committee shall cease to exist on the
date on which the report is transmitted under section 7.
Section 9 repeals subsection (e) of section 14 of the National Forest
Management Act of 1976. ++EP++
HRP HOUSE REPORT
770609 (PART 3 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362, HR 5863
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
COMMITTEE CONSIDERATION, SUBCOMMITTEE MARKUP, FULL COMMITTEE MARKUP
(PAGES 7 TO 17)
% %
% %
HEARINGS
On February 7,8, and 9, 1977, the Subcommittee on Forests held
hearings on National Forest timber sales methods under the National
Forest Management Act. Senator Packwood (Oregon), Congressman Wilson
(Texas), Baucus (Montana), and Bonker (Washington) presented statements.
Other testimony was presented by the U.S. Forest Service, the Division
of Forestry of the Bureau of Land Management, and several State
officials and legislators as well as a number of small lumber
manufacturers and representatives of one national and several regional
wood products industry trade associations.
Nineteen witnesses testified in favor of oral bidding or a return to
the use of bidding procedures which had been established in timber
markets prior to the enactment of the National Forest Management Act.
Several of the trade association representatives testified that large
majorities of their memberships favored oral bidding procedures.
Although some witnesses testified that they believed that oral bidding
methods provided more opportunity for collusive bidding, the problem
which subsection 14 (e) of the 1976 act was intended to reduce,
testimony indicated that no evidence was available to demonstrate that
collusion is more likely with oral bidding than with a sealed bid
procedure. The Bureau of Land Management testified that a review of
their timber sales under the oral auction method revealed no evidence of
collusion among bidders. A number of witnesses testified that collusion
was possible with either oral or sealed bidding, and some testified that
it was more likely under sealed bid procedures.
Witnesses stated that in some timber markets, particularly in the
West, the National Forests are virtually the only source of timber
making the Forest Service, in effect, a monopolist. They stated that
there are many communities which are largely dependent on local lumber
mills for employment. These mills are, in turn, dependent on Forest
Service timber for continued operations. A mill in such a situation can
afford to pay more for nearby timber because it has less transportation
costs in getting the logs to its mill, often a significant portion of
timber production costs. In addition, the mill has a heavy investment
in capital equipment, with high overhead costs, and cannot afford to
shut down if an adequate supply of timber is not available. Several
witnesses testified that these mills are often faced with critical
timber shortages during which they would be willing bid much higher than
they normally would, even to the point of taking a loss on a particular
sale, in order to secure timber they must have to continue operations.
These mills oppose sealed bidding because, under a sealed bid system,
they are not able to raise their bids to meet unexpected competition and
will be forced out of business, either by not being able to secure an
adequate supply of timber or by having to continually submit sealed bids
at an unreasonably high level in order to insure getting badly needed
sales against unknown competition. ++EP++ % %
% %
One witness testified that in one National Forest in Oregon over 80
percent of the timber sold in 1976 by oral auction went to local mills,
but that less than 60 percent of that sold since sealed bidding
procedures went into effect has stayed in the local area. If this
continued, he said, one or two major operating plants would close in an
area where timber mills are the only industrial employer. Other
witnesses testified that since sealed bidding was instituted by the
Forest Service in late 1977, a significant portion of the annual timber
supply for the Klamath Falls area in Oregon has been purchased by mills
from Medford, on the other side of the Cascade Mountain Range. A lumber
mill operator from Washington State testified that because of his
location it is impossible for him to purchase timber from other areas
and that in the past under oral bidding his mill has normally purchased
approximately 90 percent of the timber sold from the local Forest
Service district. Of six recent sales under sealed bids, however, he
has only been able to purchase two, although the differences between the
total of his six bids and the total of the top bids for which the timber
was purchased was only about $15,000 out of a total price of over $4
million.
There was testimony that the introduction of sealed bidding
procedures has a destabilizing effect on timber markets because
purchasers do not have opportunity to react to the bids from competitors
as they do with oral auctions. It was stated that lumber mills have
been forced to bid outside their normal market area when outside
purchasers unexpectedly bid on local sales. This leads to economic
inefficiencies of hauling logs longer distances or to closure of small,
independent mills with consequent disruption of the economy of towns
dependent on lumber operations for employment.
There was testimony that small, independent companies were
particularly affected by the change to sealed bidding. While large
companies with private timber holdings can afford to lose some
purchases, smaller companies dependent on Federal timber may not. With
sealed bids, they must bid high to insure a supply of timber necessary
for their operations, even though their larger competitors may not have
bid at all. If small mills are closed because of inability to get
timber as a result of sealed bidding which prevents them from knowing
their competition, the Federal program under the Small Business
Administration in which a percentage of timber sales are set aside for
small companies might also be endangered.
Four witnesses testified in favor of sealed bidding. These included
a representative of a citizen conservation group, two small lumber
manufacturers, and one logging firm. They indicated that sealed bidding
provides less opportunity for collusive or preclusive bidding and makes
it easier for a new business to purchase timber in areas where there has
generally been little competition from outside the area. Some believed
that the Forest Service should protect community economies by requiring
that timber be processed within a specified area, but that sales should
nevertheless be done by sealed bids.
Some witnesses were critical of the fact that no hearings on timber
sale bidding procedures were held during the drafting of the National
Forest Management Act. They stated that studies which had recommended
sealed bidding as the preferred method were based on an erroneous
assumption that lack of competition for timber sales or bids ++EP++ at
the Forest Service appraisal price were evidence of collusion among
potential bidders. % %
% %
They pointed out that the public interest in receiving an adequate
price for timber is protected by the requirement that it will not be
sold at less than the Forest Service appraisal value. Several
witnesses, including a representative of the Forest Service, testified
that in competitive areas, oral auctions tend to bring higher bids,
while only in areas where there is little or no competition for timber
sales does sealed bidding tend to result in higher bid prices. Some
testified that a lack of competition for timber sales in certain areas
is usually caused by the supply of timber offered for sale being
sufficient for the capacity of existing mills in the area, rather than
necessarily indicating collusion on the part of bidders.
The Forest Service indicated that it has been trying to meet the
problems of sealed bidding by allowing some proportion of oral auctions
in "dependent communities" which qualify by the percentage of persons
employed in the lumber industry and the percentage of timber supply
which comes from National Forests. Witnesses testified that this
approach was not adequate because certain sales would be particularly
suited to the characteristics of certain mills and the mill would have
no assurance which sales would fall under the percentage of oral
auctions. Many witnesses stated that, in the absence of indications of
collusion, the Forest Service should continue to use oral bidding where
appropriate to local conditions.
Another hearing was held by the Subcommittee on Forests on April 5,
1977, on H.R. 5863, which is substantially similar to H.R. 6362, except
that it requires restoration of use of the oral auction method whereas
H.R. 6362 simply repeals subsection 14 (e) of the National Forest
Management Act of 1976. Secretary of Agriculture Bob Bergland testified
that he would have no objection to repeal of subsection 14 (e) of the
National Forest Management Act, and that repeal would give the
Department of Agriculture discretionary authority to take reasonable
action to prevent collusive practices with regard to bidding on Forest
Service timber sales. Chief John McGuire of the Forest Service
testified that if section 14 (e) were repealed the Forest Service would
return to timber sales and monitoring procedures in force immediately
before enactment of the 1976 act. They would continue to use sealed
bidding in the East and South, but in the West would use oral auction
unless there was some reason to do otherwise. He testified that, some
time prior to enactment of the 1976 act, the Forest Service had begun a
monitoring system aimed at preventing collusive practices.
Two other witnesses, one a representative of a citizen conservation
group and the other a representative of a small lumber manufacturer,
testified in favor of sealed bidding. They stated that sealed bidding
procedures provide more opportunity for new firms to compete for timber
sales, particularly against a large company already established in an
area.
The Subcommittee on Forests of the Committee on Agriculture convened
for a business meeting on Wednesday, April 20, 1977, to consider the
bill (H.R. 6362). The purpose of this bill is to establish an advisory
committee on timber sales procedure appointed by the Secretary ++EP++ of
Agriculture for the purposes of studying, and making recommendation with
respect to procedures by which timber is sold by the Forest Service and
to restore stability to the Forest Service timber sales program and
provide an opportunity for congressional review. % %
% %
H.R. 6362 would establish an advisory committee to study and make
recommendations with respect to the timber selling procedures of the
U.S. Forest Service. The bill is also designed to restore the practice
of selling timber by the oral auction method which had prevailed in some
areas of the country prior to enactment of the National Forest
Management Act of 1976. Paragraph (2) of subsection 14 (e) of that act
required use of the sealed bid method except where the Secretary of
Agriculture determined otherwise by regulation. This provision has had
a serious impact upon small communities, particularly in the Pacific
Northwest, in which are located timber processing plants dependent upon
National Forest timber. The oral auction method permits timber
purchasers in such communities to bid as often and as high as necessary
to secure the timber necessary to keep their mills operating. The
sealed bid method does not afford this opportunity.
The chairman of the subcommittee, Hon. James Weaver, explained that,
except in one respect, the bill (H.R. 6362) is substantially identical
to an earlier bill (H.R.5863) upon which the subcommittee had held
hearings. The difference is that, unlike H.R. 5863 which would have
required return to use of the oral auction method where it had been the
prevailing practice prior to passage of the National Forest Management
Act, H.R. 6362 simply repeals subsection 14 (e) of that act. This
change was made in order to accommodate Secretary of Agriculture Bob
Bergland who had testified that the Department of Agriculture would have
no objection if subsection 14 (e) were stricken, since the Department
had both the authority and the duty to take steps necessary to prevent
collusive bidding.
The advisory committee provided for in H.R. 6362, as introduced, was
composed of 15 members including four representing the timber industry,
four from labor organizations associated with that industry, and seven
from the general public who may represent forestry schools or be
Federal, State, or local officials. Mr. Krebs offered an amendment
which would have reduced the representation of industry and labor to two
member each and provided for nine other members whose income is not
derived from or dependent upon the forest products industry. In support
of his amendment, Mr. Krebs stated that he felt that the bill was
weighted heavily in favor of the industry and that his amendment was
designed to bring balance into the composition of the committee.
It was Mr. Krebs position that, without his amendment, the four
industry and four labor representatives would vote together thus giving
the timber industry point of view an automatic 8 to 7 majority of the
committee. In addition, the bill as written did not preclude
appointment of more timber industry and associated labor organization
representative among the seven members to be appointed from the general
public. Mr. Krebs contended that unless his amendment were adopted the
composition of the committee would be weighted too heavily in favor of
those who would have a possible conflict of interest by virtue of their
connection with or dependence upon the timber industry. ++EP++ % %
% %
Mr. Symms questioned the Krebs amendment noting that practically
everyone is dependent in some way on the forest products industry. Mr.
Krebs responded that his intent was to insure that the members of the
advisory committee who represent the general public do not derive their
income from the forest products industry.
Mr. Kelly inquired as to whether the legislation contemplated a
single advisory committee to cover the entire United States. He was
assured by the subcommittee chairman that it did, and that the
legislation was intended to create a committee with broad geographical
representation to take into account differing situations in different
parts of the country, including the South. However, the subcommittee
chairman referred particularly to the situation in the Northwest where
the Forest Service is virtually a monopoly seller of timber. Finally,
in response to a further question raised by Mr. Kelly, the subcommittee
chairman, Mr. Weaver, assured him that while the provisions of H.R. 6362
permit appointment of representatives of forestry schools and Government
officials to the advisory committee, they do not require the appointment
of such persons.
Mr. Skelton noted that the bill creates an advisory committee, not a
fact-finding board, and that it would therefore be better that the
committee be composed of members who know something about the subject.
Mr. Symms pointed out that it is not the desire of the subcommittee to
confine the Secretary of Agriculture to appoint people who do not know
anything about the problem.
Thereupon the subcommittee chairman, Mr. Weaver, offered a substitute
to the amendments propounded by Mr. Krebs. The Weaver substitute would
have stricken the language in the bill allocating representation on the
advisory committee to industry, labor, and the general public and
provided instead simply for 15 members who have a significant interest
in, or knowledge of, and who represent the diverse elements and points
of view concerning the Federal forest resource. The substitute was
supported by Mr. Symms but was opposed by Mr. Krebs on the ground that
it would not avoid the problem of weighting the committee too heavily in
favor of the timber industry. After some discussion, Mr. Weaver
withdrew his proposed substitute.
Mr. Thornton then suggested a different substitute to the Krebs
amendment under which the number of representatives of the general
public on the committee would simply be increased from 7 to 9 members,
and the total membership of the advisory committee increased from 15 to
17. This was intended to shift the majority of the committee to
appointees not associated with the timber industry. Mr. Thornton's
substitute was supported by Mr. Skelton. At the request of Mr. Krebs,
the Thornton substitute was revised to make clear that the nine members
from the general public would be persons who had a significant interest
in the use of timber resources other than as members of the industry or
associated labor organizations. With this modification, to which Mr.
Thornton agreed, Mr. Krebs supported the Thornton substitute and it was
adopted by the subcommittee by unanimous voice vote.
Mr. Krebs offered an amendment to strike section 9 of H.R. 6362 which
repeals subsection 14 (e) of the National Forest Management Act of 1976.
In support of this amendment, Mr. Krebs argued that repeal of this
provision was premature, particularly in view of the ++EP++ implementing
regulations developed by the Forest Service which have to a great degree
ameliorated the impact of the provision on the timber industry. % %
% %
The subcommittee chairman, Mr. Weaver, spoke in opposition to the
Krebs amendment. He pointed out that subsection 14(e) was included in
the House version of the National Forest Management Act of 1976 without
benefit of public hearings, and then expanded in scope during the
conference between the House and the Senate. Mr. Weaver stated that
subsection 14(e) has had a destabilizing effect on the timber industry,
and he urged that it be repealed and the Forest Service permitted to
return to the situation which prevailed immediately prior to enactment
of the National Forest Management Act.
In response to a question by Mr. Kelly, Mr. Weaver, pointed out that
repeal of subsection 14(e) would not remove the power of the Forest
Service to use the sealed bid method. It would simply remove the
qualified congressional mandate to use the sealed bid method contained
in that subsection. The Forest Service would be expected to continue
its procedures for monitoring and reporting bidding behavior that
indicated less than competitive situations. Mr. Kelly then asked
whether Mr. Krebs believed that sealed bidding is an absolute necessity
in order to avoid collusion. Mr. Krebs replied that he had never taken
the position that sealed bidding under all circumstance is the most
desirable bidding method.
After brief further discussion, the Krebs amendment to strike section
9 from the bill was rejected by a roll-call vote of 2 ayes and 6 nays.
Thereupon, Mr. Symms moved, and the Subcommittee on Forests agreed by
voice vote in the presence of a quorum, to report the bill (H.R. 6362),
as amended by the Subcommittee, to the full Committee on Agriculture
with a recommendation that it do pass.
The full Committee on Agriculture met in business session on May 23,
1977, to consider the bill (H.R. 6362), as amended, and favorably
reported by the Subcommittee on Forests.
The chairman of the subcommittee, Mr. Weaver, spoke first in support
of the bill and posed to the committee the fundamental issues involved.
Mr. Weaver pointed out that the independent lumber mills -- and there
are hundreds of them in the Northwest are comparable to the family farm
today. They are threatened by the large corporations. The small mills
are fighting for their existence, and their fight is similar to the
fight of the family farms and the rural communities which are dependent
on them. The economy of many small towns in the Northwest is dependent
upon its one, two, or three small timber processing mills. If these
small mills fail, the rural communities and the people, with their homes
and schools, will fail also.
Mr. Weaver stated that the problem is insufficient private timber
supplies have caused the independent timber processing mills to become
completely dependent upon Federal timber supplies. Only a few large
corporations hold timber reserves of their own, and they use these
reserves for their own mills. The small mills must get their timber
from the Forest Service which in many Western timber markets is a
virtual monopoly seller of timber. ++EP++ % %
% %
Mr. Weaver distinguished this situation from the usual Government
contracting procedure under which most bids are sealed. For example, if
a pencil manufacturer loses a bid on a Government purchase order for
pencils, he can turn to literally hundreds of other pencil buyers
throughout the country. He has lost one sale, but he can go on to make
many others. Mr. Weaver pointed out that, in contrast, many small mills
in the Northwest cannot turn to alternate of timber. In these
instances, if a small mill submits a sealed bid on Forest Service timber
and loses, the mill may have to shut down. And if the mill fails, so
does the rural community. Mill employees are left jobless in a dying
community. Mr. Weaver expressed concern that soon there will be
concentration in the lumber industry as there is in the automobile and
oil industries. Now we have 200 or 300 independent mills in the
Northwest. Oral auction gives them a chance to survive in competition
with the big corporations. If a timber sale is essential to a rural
mill, with oral auction the mill owner can keep on bidding until he
secures the timber necessary for his survival. Mr. Weaver argued that
lumber is one of the few really competitive industries and that H.R.
6362 will help keep it that way. The bill will also help save rural
communities in the Northwest.
In conclusion, Mr. Weaver pointed out that Secretary of Agriculture
Bergland had testified that if Congress should find the provisions of
subsection 14(e) of the National Forest Management Act of 1976
unnecessarily restrictive, the Administration would not object to its
repeal. Secretary Bergland also testified that he would still have the
authority and responsibility to do what he deems necessary to obviate
collusive practices in the bidding for National Forest timber.
Mr. Krebs then spoke in opposition to the bill. Dismissing as window
dressing those sections of the bill which establish an advisory
committee, he concentrated his attack on section 9 which repeals
subsection 14(e) of the National Forest Management Act of 1976. Mr.
Krebs pointed out that use by the Forest Service of the oral auction
method for sale of timber is peculiar to the Northwest and California.
Elsewhere the Forest Service uses sealed bidding. He quoted extensively
from a letter dated April 26, 1977, by the Assistant Attorney General,
Antitrust Division, U.S. Department of Justice, to the Secretary of
Agriculture in which the Assistant Attorney General recommended use of
sealed bidding to prevent bid-rigging and other collusive practices in
connection with the purchase of timber from the National Forests. Mr.
Krebs argued that National Forest timber sale data from 1974 and 1975 in
a number of areas of the Northwest and California reflected a pattern
where the successful bid prices ranged only slightly above the appraised
value when the oral auction method was used and only local firms bid.
However, the successful bid price rose substantially above the apraised
value of the timber when the oral auction was used and an outside firm
attempted to compete with local firms for the timber. Mr. Krebs also
noted that the successful bid rose substantially above the appraised
value under sealed bidding even when the competition was confined to
local firms.
Mr. Krebs suggested that while the Forest Service might theoretically
have authority to use sealed bidding if subsection 14(e) were repealed,
as a practical matter the timber industry would, as it has in the past,
exert political pressure to prevent the Forest Service from ++EP++
exercising such authority. % %
% %
He noted that the close-knit nature of the timber industry renders
successful enforcement of the antitrust laws difficult. Mr. Krebs
challenged the suggestion that use of sealed bidding would deprive local
firms of needed timber. He pointed out that out oout of 220 Forest
Service timber sales conducted by the scaled bid method in the Northwest
(region 6 of the Forest Service) between November 1976, and March 1977,
local firms were successful in securing all but 14. This compares very
favorably with past experience under the oral auction method. In
conclusion, Mr. Krebs argued that the timber industry has overreacted
and that repeal of subsection 14 (e) is premature until it has been
given an opportunity to work.
Mr. Symms spoke in support of the bill and drew an analogy between
the sale of Federal timber and the sale of livestock. He stated that
the livestock industry is highly competitive and the oral auction method
is used extensively in the sale of livestock. Mr. Symms also argued
that sealed bidding is used in the South because 85 percent of the
timber comes from private lands. However, he pointed out that the
situation is different in the Northwest where the Forest Service is a
monopoly seller of timber. Finally, Mr. Symms noted that in Idaho whole
towns depend for employment on a sawmill; and the mill operator cannot
afford to miss two or three beg sales because somebody came in from
outside the timber market with a sealed bid to which the local mill
operator had no opportunity to respond.
Mr. Marlenee, an auctioneer by profession, supported Mr. Symms. He
stated that there is no other method more competitive than the oral
bidding method. He noted that in Montana, since enactment of subsection
14(e), the Forest Service has not accommodated small communities. Mr.
Marlenee stated that the Forest Service has cut back on the amount of
timber offered for sale and, as a result, large companies are traveling
150 miles into remote areas and smaller communities to bid for timber in
competition with small firms. He said that what is at stake is the
small firms and the jobs they provide and the little communities out in
Montana.
Mr. Glickman and Mr. Panetta inquired as to whether it is necessary
to repeal subsection 14(e) prior to receiving the report of the advisory
committee created by the bill. Mr. Panetta noted that the implementing
regulations of the Forest Service would permit use of the oral auction
method if a community draws 30 percent or more of its timber from
National Forest lands. Mr. Weaver responded that repeal is necessary in
order to avoid possible litigation over whether the Forest Service
regulations properly implement the National Forest Management Act. Mr.
Johnson further explained that the Forest Service interpretation of
subsection 14(e) has not been consistent.
At the outset, the Forest Service felt constrained to do away with
oral bidding in most cases. However, recently the Forest Service has
reversed itself and will provide by regulation for oral bidding in 75
percent of the cases. Mr. Johnson expressed concern that the Forest
Service might again change its mind. Mr. Symms expressed the same
concern and noted failure to repeal subsection 14(e) would leave the
Forest Service in a position to employ sealed bidding as a retaliatory
device against timber companies with which it disagreed. Mr. Symms
expressed the opinion that Congress, and not the Forest Service, should
establish policy in such an important area. ++EP++ % %
% %
Mr. English argued in opposition to repeal of the sealed bidding
requirement. He drew an analogy to sales by the government of oil and
gas leases which is done by the sealed bid method. Mr. English noted
that sealed bids for oil and gas rights sold by the Government are
significantly higher than the prices paid for privately owned minerals
where the sealed bid method is not used.
Mr. Johnson spoke in support of the bill. He argued that evidence of
bid-rigging and collusion in the West does not establish a necessary
nexus between collusion and the oral auction method. It is simply that
the Justice Department investigations thus far have concentrated on the
West, where the oral auction method is commonly used. This does not
establish an absence of collusion under the sealed bid method.
Mr. Johnson acknowledged that oral bidding gives preference to local
sawmills, by giving them an ability to assure their supply of timber,
that they would not have under the sealed bidding method. He argued
that they must have this ability in order to gain access to financing
for needed equipment or expansion. Otherwise, they will be driven out
of business by large operators. Mr. Johnson noted that historically the
oral auction method has worked well in the West over a long period of
time where there are many established mills, and towns which depend upon
them. Mr. Johnson acknowledged that there has been one case (United
States v. Champion International Corporation, et al., Cr. 74-698, D.
Ore.) in which seven individual and corporate defendants were found
guilty of collusive bidding under the oral auction system. However, he
argued that this does not justify a conclusion that all bidders are
crooks.
Mr. Krebs pointed out that there is no evidence that even a single
mill has gone out of business because of use by the Forest Service of
sealed bidding under subsection 14(e) of the National Forest Management
Act. He also noted that the Justice Department has pending six separate
investigations into Forest Service timber sales in California,
Washington, and Oregon, including three grand jury investigations. In
response, Mr. Johnson replied that subsection 14(e) has not been in
effect long enough for its potential adverse impact to be felt. He also
noted that if the highest price for Federal timber is the criterion by
which to judge whether or not the public interest is protected, it is
proven that, in some cases, you get the highest price by the oral
bidding method.
Mr. Weaver then spoke again in support of the bill (H.R. 6362). He
noted that not withstanding the fact that timber prices are at a high
level, three mills in his congressional district have closed down within
the past month because they could not get timber. In eastern Oregon
recently, an outside speculator with no mill of his own took a sealed
bid sale away from three local mills and is holding the timber until one
of the mills is desperate and about to fail. Mr. Weaver noted that the
timber industry is very competitive and growing more so. Recently,
there have been as many as 15 or 20 mills bidding on sales at oral
auction and driving the price up to a level 50 to 100 percent over the
appraised value of the timber. Mr. Weaver also noted that since the
sealed bidding requirement was imposed, the percentage of sales captured
by outsiders in one National Forest in Oregon jumped from 18 to 40
percent. ++EP++ % %
% %
In response to the arguments of Mr. Moore and Mr. Panetta that the
Forest Service regulations, which allow oral bidding from 75 percent to
100 percent of the time, would solve the problem, Mr. Weaver urged that
these regulations would not solve the problem because individual mills
would not be guranteed an opportunity to bid as high as necessary to get
needed timber.
Mr. Volkmer expressed concern that section 9 of the bill repeals not
only the sealed bidding provision of subsection 14(e) but also the
provisions contained in that subsection which require the Secretary of
Agriculture to monitor all timber sales and report suspected instances
of collusive bidding to the Attorney General. Both the chairman of the
committee, Mr. Foley, and Mr. Weaver noted that the Secretary has these
powers quite apart from subsection 14(e). The chairman noted, and the
committee agreed, that nothing in the bill (H.R. 6362) is designed to
remove or diminish the authority of the Secretary to take whatever
action is appropriate to prohibit or prevent collusive practices in the
National Forests.
Mr. Fithian inquired why the new advisory committee created by the
bill is needed in view of the fact that the National Forest Management
Act of 1976 provides for a national advisory committee which the
Department of Agriculture has testified it would use to consider the
sealed bidding question. Mr. Johnson and Mr. Weaver responded that a
separate independent investigation of the Forest Service's timber
appraisal and sales procedures is needed. Mr. Fithian and Mr. Krebs
argued that such an investigation should be conducted by the Congress
and not by an advisory committee within the Department.
Mr. Volkmer then proposed an amendment to strike sections 1 through 8
of H.R. 6362 which provide for an advisory committee within the
Department of Agriculture to study Forest Service timber sale
procedures. Mr. Volkmer argued that the investigatory activity proposed
for the advisory committee is properly a function of the Committee on
Agriculture. He further noted that the Federal Advisory Committee Act
requires that the Committee on Agriculture, in its report to the House,
must justify the proposed advisory committee as absolutely necessary to
do a job which cannot be done by Congress, or by an existing agency or
advisory committee. Mr. Volkmer stated that he did not believe the
committee could provide such justification and that the committee would
be abdicating its responsibility if it approved the sections of H.R.
6362 which provide for the advisory committee. Mr. Weaver responded
that the investigation is badly needed, that an advisory committee
within the Department of Agriculture could do the job with existing
appropriations, and that the crowded agenda of the Subcommittee on
Forests would not permit it to conduct this investigation without
sacrificing other important issues. The committee then voted to reject
Mr. Volkmer's amendment by a show-of-hands vote of 11 ayes to 13 nays.
Mr. Volkmer and supporters of his amendment then demanded a roll-call
vote, which resulted in rejection of his amendment by a margin of 19
ayes to 22 nays.
Mr. Krebs then moved to strike section 9 of the bill which repeals
subsection 14(e) of the National Forest Management Act of 1976. He
argued that subsection 14(e) gives the Forest Service the discretion to
employ oral bidding to protect truly dependent communities, ++EP++ and
that the alleged threat to small communities has not materialized. % %
% %
Mr. Krebs again referred to the April 26, 1977, letter of the Justice
Department which he described as devastating in support of his motion.
Finally, he argued that subsection 14(e), which requires sealed bidding
unless the Secretary determines otherwise, simply conforms Government
timber-selling practices in the Northwest to those which obtain
elsewhere for Government sales of all kinds and should be given a chance
to work. He noted that recent mill failures are simply part of an
economic trend which, despite the use of oral bidding, has seen a
decrease of 200 percent in the number of small mills in the Northwest
over the past 25 years.
Mr. Weaver responded that the decrease in the number of small mills
in the Northwest results from the fact that the privately owned timber
has all been cut. The Forest Service has the only timber left and, he
argued, the bidding process must be opened up to allow mills to bid as
high as they possibly can to protect their own local timber supply. Mr.
Weaver argued that if Congress does not give the small mill that chance
by restoring the use of oral bidding, then the small mills will go out
just like the small farm is going out.
The committee then voted on the motion by Mr. Krebs to strike from
the bill (H.R. 6362) section 9 which repeals subsection 14(e) of the
National Forest Management Act of 1976. The motion was rejected by a
roll call vote of 18 yeas to 24 nays. Then, after approving a technical
amendment in section 4 of the bill correcting a reference to another
statute, the committee, upon the motion of Mr. Weaver, agreed by a roll
call vote of 22 ayes to 20 nays, in the presence of a quorum, to report
the bill (H.R. 6362) to the House with a recommendation that it do pass.
++EP++
HRP HOUSE REPORT
770609 (PART 4 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
ADMINISTRATION POSITION WITH 1 LETTER EMBEDDED, CURRENT, AND 5
SUBSEQUENT FISCAL YEAR COST ESTIMATE, BUDGET ACT COMPLIANCE WITH 1
LETTER EMBEDDED, CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE WITH 1 LETTER
EMBEDDED, INFLATIONARY IMPACT STATEMENT, OVERSIGHT STATEMENT (PAGES 17
TO 21)
% %
% %
The administration position is set forth in a letter dated May 5,
1977, from Deputy Secretary John C. White to Chairman Foley. The letter
from the Deputy Secretary reads as follows,
HON. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: As you requested, here is our report on H.R.
6362, a bill to establish an Advisory Committee on Timber Sales
Procedures appointed by the Secretary of Agriculture for the purposes of
studying and making recommendations with respect to procedures by which
timber is sold by the Forest Service, and to restore stability to the
Forest Service timber sales program and provide an opportunity for
congressional review.
The Department of Agriculture recommends that H.R. 6362 not be
enacted; however, we would not object to the enactment of section 9 as
separate legislation. ++EP++ % %
% %
H.R. 6362 would establish an advisory committee on timber sale
procedures within the Department of Agriculture. The committee would
study the procedures by which the Forest Service sells timber for the
purpose of providing independent recommendations with repect to
establishing procedures for the sale of timber. The committee would be
composed of four members who represent the timber industry, four members
from labor organizations representing workers engaged in processing of
timber, and seven members from the general public who otherwise have a
significant interest in the use of timber resources. A final report to
the Secretary and the Congress would be required by not later than
January 1, 1979. The committee would terminate after transmittal of
their report. Section 9 of the bill would repeal subsection (e) of
section 14 of the National Forest Management Act of 1976, which provides
direction to the Secretary of Agriculture respect to monitoring bidding
in timber sales, use of sealed bidding, and reporting to the Attorney
General of possible collusive practices or patterns of noncompetitive
bidding.
We in the Department strongly support broad based public
participation in the review of departmental and agency policies and
programs. The National Forest Management Act of 1976, in amending the
Forest and Rangeland Renewable Resources Planning Act, specifically
requires that we provide opportunities for such participation.
We do not believe it is necessary or desirable to establish a
separate advisory committee to advise us on one aspect of National
Forest System management. This Administration is emphasizing holding
advisory committees to the minimum number essential for effective
administration. The National Forest Management Act provides the
Secretary authority and direction to "establish and consult such
advisory boards as he deems necessary to secure full information and
advice on the execution of his responsibilities." Under this direction,
we can use a national advisory committee to provide broad, overall
guidance on all uses and activities affecting Forest Service programs,
including timber sale procedures. This approach is in keeping with the
intent of the Multiple-Use Sustained-Yield Act, the Forest and Rangeland
Renewable Resources Planning Act, the National Forest Management Act,
and efficient government.
With regard to regulations necessary to implement provisions of the
National Forest Management Act applicable to timber sale procedures, it
was necessary to immediately issue interim regulations in order to
continue programs in a responsible manner. We promptly sought public
comment to aid in the formulation of permanent regulations. Our
proposed permanent regulations were based in large measure on
consideration of the public's comments. We have now gathered both
written and oral comment on our proposed permanent regulations. We are
evaluating this public input and will carefully consider it in
developing the final regulations.
We are aware of the substantial controversy which has resulted from
the implementation of subsection 14(e) of the National Forest Management
Act of 1976, pertaining to timber bidding. There is disagreement as to
how far the law permits us to go in departing from the sealed bidding
requirement. It is our present judgment that, as a general rule, we
cannot go beyond a maximum of about 75 percent oral auction bidding and
25 percent sealed bidding in dependent ++EP++ areas; but if there is a
determination of need, the proposed regulations would allow 100 percent
oral auction bidding. % %
% %
If Congress should find that the provisions of subsection 14 (e) are
unnecessarily restrictive, we would not object to enactment of section 9
as separate legislation. If this occurred, the Secretary of Agriculture
would still have the authority and responsibility to do what he deems
necessary to obviate collusive practices in the bidding for National
Forest timber. We would not view repeal of subsection 14 (e) as in any
way lessening this responsibility. We would also like to point out that
since the National Forest Management Act was enacted late in 1976, we
have not had an opportunity to implement final regulations or gain
experience in their implementation. We feel that the repeal of
subsection 14(e) may be premature. We are reluctant to see the act
opened to amendment at this time.
We estimate the cost of establishing the Advisory Committee, as
proposed in sections 1 through 8 of H.R. 6362, would be $14,800 in the
current fiscal year; $39,400 in fiscal year 1978; $5,800 in fiscal
year 1979; and no cost in subsequent years. We do not anticipate any
new costs or saving would result from the repeal proposed in section 9.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
administration's program.
Sincerely,
/s/JOHN C. WHITE, Deputy
Secretary.
Pursuant to clause 7 of rule XIII of the Rules of the House of
Representatives, the committee estimates that the costs of implementing
those sections of H.R. 6362 establishing an advisory committee to study
Forest Service timber sale procedures would fall within the range of the
estimates of the Department of Agriculture ($60,000) and the
Congressional Budget Office ($62,000). The committee agrees with the
estimates of both the Department of Agriculture and Congressional Budget
Office that repeal of subsection 14(e) of the National Forest Management
Act of 1976 will result in no additional cost to the Federal Government.
The provisions of clause 2(1) (3) (B) of rule XI of the Rules of the
House of Representatives and section 308 (a) of the Congressional Budget
Act of 1974 (relating to estimates of new budget authority or new or
increased tax expenditures) are not considered applicable. Funds
available for carrying out the activities of the Department of
Agriculture are made available for the expenses of the advisory
committee created by H.R. 6362 pursuant to section 4 of the act of
August 3, 1956, 70 Stat. 1033, 7 U.S.C. 2233. The estimate prepared by
the Director of the Congressional Budget Office under clause 2 (1) (3)
(C) of rule XI of the Rules of the House of Representatives and section
403 of the Congressional Budget act of 1974 submitted to the committee
prior to the filing of this report is as follows, ++EP++ % %
% %
HON. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, U.S. House of Representatives
Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost estimate for H.R. 6362, a bill to establish an advisory
committee on timber sales procedure and for other purposes.
Should the committee so desire, we would be pleased to provide
further details on the attached cost estimate.
Sincerely,
/s/ALICE M, RIVLIN, DIRECTOR.
1. Bill Number: H.R. 6362.
2. Bill title: To establish an advisory committee on timber sales
procedure and for other purposes.
3. Bill status: as amended by the Subcommittee on Forests, House
Committee on Agriculture, April 20, 1977.
4. Purpose of bill: H.R. 6362 establishes an advisory committee on
timber sales procedure within the U.S. Department of Agriculture. The
committee is to study the procedures used by the U.S. Forest Service to
sell timber. The recommendations and conclusions of the committee are
to be reported to the House Committee on Agriculture and the Senate
Committee on Agriculture, Nutrition, and Forestry no later than January
1, 1979.
The advisory committee, consisting of 17 members from various
segments of the timber industry and from the general public, is to be
appointed within 30 days of enactment of H.R. 6362. The advisory
committee ceases to exist when the reports to Congress are transmitted.
Members of the advisory committee are to be paid travel and perdiem
for meeting attendance. Supporting staff is to be provided by the
Department of Agriculture.
H.R. 6362 also repeals subsection (e) of section 14 of the National
Forest Management Act of 1976. Subsection (e) requires the Secretary of
Agriculture to take action to combat collusive practices in bidding for
timber and forest products from national forest lands.
5. Cost estimate: The following table presents the estimated costs
of H.R. 6362 for fiscal year 1977 through 1981,
1981........................................ 0
6. Basis for estimate: The 17 member committee was assumed to meet
once in fiscal year 1977, four times in fiscal year 1978, and twice in
fiscal year 1979. For the meeting in fiscal year 1977, a cost of $300
++EP++ for travel and $100 per diem per member was estimated. % %
% %
These costs were increased by CBO's projections of the GNP price
inflator to obtain travel and per diem costs per meeting per member in
fiscal years 1978 and 1979.
The services of one GS-13 committee director and two GS-07
secretaries were assumed to be required for one week per meeting.
Fiscal year 1977 estimates of salaries, benefits and overhead costs were
adjusted by CBO's projections of the appropriate inflators to obtain
costs per meeting in fiscal years 1978 and 1979.
The repeal of subsection (e) of section 14 of the National Forest
Management Act of 1976 would not result in either additional cost or
additional savings to the federal government. The reason for the repeal
is to allow the Forest Service to be more flexible in the sales
procedures it uses; the Forest Service plans to continue its actions
against collusive bidding practices.
7. Estimate comparison: None.
8. Previous CBO estimate: None.
9. Estimate prepared by: Marilyn K. Moore.
10. Estimate approved by:
/s/C.G. NUCKOLS
(For James L. Blum,
Assistant Director for Budget
Analysis).
Pursuant to clause 2(1)(4) of rule XI of the Rules of the House of
Representatives, the Committee estimates that enactment of H.R. 6362
will have no inflationary impact on the national economy.
No summary of oversight findings and recommendations made by the
Committee on Government Operations under clause 2(b) (2) of rule X of
the Rules of the House of Representatives was available to the committee
with reference to the subject matter specifically addressed by H.R.
6362.
No specific oversight activities, other than the committee's
consideration of H.R. 6362, were made by the committee, within the
definition of clause 2(b) (1) of rule X of the Rules of the House of
Representatives. ++EP++
HRP HOUSE REPORT
770609 (PART 5 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
CHANGES IN EXISTING LAW, FOREST MANAGEMENT ACT OF 1976 (PAGES 21 TO
23)
% %
% %
In compliance with clause 3 of Rule XIII of the Rules of the House of
Representatives, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, and existing law in which no
change is proposed is shown in roman),
SEC. 14. (a) For the purpose of achieving the policies set forth in
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215, 16 U.S.C.
528-531) ++EP++ and the Forest and Rangeland Renewable Resources
Planning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601-1610), the Secretary
of Agriculture, under such rules and regulations as be may prescribe,
may sell, at not less than appraised value, trees, portions of trees, or
forest products located on National Forest System lands. % %
% %
(b) All advertised timber sales shall be designated on maps, and a
prospectus shall be available to the public and interested potential
bidders.
(c) The length and other terms of the contract shall be designed to
promote orderly harvesting consistent with the principles set out in
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974, as amended. Unless there is a finding by the Secretary of
Agriculture that better utilization of the various forest resources
(consistent with the provisions of the Multiple-Use Sustained-Yield Act
of 1960) will result, sales contracts shall be for a period not to
exceed ten years: Provided, That such period may be adjusted at the
discretion of the Secretary to provide additional time due to time
delays caused by an act of an agent of the United States or by other
circumstances beyond the control of the purchaser. The Secretary shall
require the purchaser to file as soon as practicable after execution of
a contract for any advertised sale with a term of two years or more, a
plan of operation, which shall be subject to concurrence by the
Secretary. The Secretary shall not extend any contract period with an
original term of two years or more unless he funds (A) that the
purchaser has diligently performed in accordance with an approved plan
of operation or (B) that the substantial overriding public interest
justifies the extension.
(d) The Secretary of Agriculture shall advertise all sales unless he
determines that extraordinary conditions exist, as defined by
regulation, or that the appraised value of the sale is less than
$10,000. If, upon proper offering, no satisfactory bid is received for a
sale, or the bidder fails to complete the purchase, the sale may be
offered and sold without further advertisement.
(e) The Secretary of Agriculture shall take such action as he may
deem appropriate to obviate collusive practices in bidding for trees,
portions of trees, or forest products from National Forest System lands,
including but not limited to
(1) establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding,
(2) requiring sealed bidding on all sales except where the
Secretary determines otherwise by regulation; and
(3) requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Attorney General of the United States with any and all
supporting data.
(f)(e) The Secretary of Agriculture, under such rules and regulations
as he may prescribe, is authorized to dipose of, by sale or otherwise,
trees, portions of trees, or other forest products related to research
and demonstration projects.
(g) (f) Designation, marking when necessary, and supervision of
harvesting of trees, portions of trees, or forest products shall be
conducted by persons employed by the Secretary of Agriculture. Such
persons shall have no personal interest in the purchase or harvest of
++EP++ such products and shall not be directly or indirectly in the
employment of the purchaser thereof. % %
% %
(h)(g) The Secretary of Agriculture shall develop utilization
standards, methods of measurement, and harvesting practices for the
removal of trees, portions of trees, or forest products to provide for
the optimum practical use of the wood material. Such standards,
methods, and practices shall reflect consideration of opportunities to
promote more effective wood utilization, regional conditions, and
species characteristics and shall be compatible with multiple use
resource management objectives in the affected area. To accomplish the
purpose of this subsection in situations involving salvage of
insect-infested, dead, damaged, or down timber, and to remove associated
trees for stand improvement, the Secretary is authorized to require the
purchasers of such timber to make monetary deposits, as a part of the
payment for the timber, to be deposited in a designated fund from which
sums are to be used, to cover the cost of the United States for design,
engineering, and supervision of the construction of needed roads and the
cost for Forest Service sale preparation and supervision of the
harvesting of such timber. Deposits of money pursuant to this
subsection are to be available until expended to cover the cost to the
United States of accomplishing the purposes for which deposited,
Provided, That such deposits shall not be considered as moneys received
from the national forests within the meaning of sections 500 and 501 of
title 16, United States Code: And provided further, That sums found to
be in excess of the cost of accomplishing the purposes for which
deposited on any national forest shall be transferred to miscellaneous
receipts in the Treasury of the United States.
(i)(h) (1) For sales of timber which include a provision for
purchaser credit for construction of permanent roads with an estimated
cost in excess of $20,000, the Secretary of Agriculture shall promulgate
regulations requiring that the notice of sale afford timber purchasers
qualifying as "small business concerns" under the Small Business Act, as
amended, and the regulations issued thereunder, an estimate of the cost
and the right, when submitting a bid, to elect that the Secretary build
the proposed road: Provided, That the provisions of this subsection
shall not apply to sales of timber on National Forest System lands in
the State of Alaska.
(2) If the purchaser makes such an election, the price subsequently
paid for the timber shall include all of the estimated cost of the road.
In the notice of sale, the Secretary of Agriculture shall set a date
when such road shall be completed which shall be applicable to either
construction by the purchaser or the Secretary, depending on the
election. To accomplish requested work, the Secretary is authorized to
use from any receipts from the sale of timber a sum equal to the
estimate for timber purchaser credits, and such additional sums as may
be appropriated for the construction of roads, such funds to be
available until expended, to construct a road that meets the standards
specified in the notice of sale.
(3) The provisions of this Subsection shall become effective on
October 1, 1976. ++EP++
HRP HOUSE REPORT
STM STATEMENT
770609 (PART 6 OF 6)
COMMITTEE ON AGRICULTURE
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 6362
HR REP 95-402
95TH CONG, 1ST SESS
77-H163-11
FOREST SERVICE TIMBER SALES STUDY (PAGES 1 TO 26)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 912 TO 937)
DISSENTING VIEWS OF HON GEORGE E BROWN, JR, HON MATTHEW F MCHUGH, HON
JOSEPH S AMMERMAN, HON JOHN B BRECKINRIDGE, HON CHARLES THONE, HON GLENN
ENGLISH, HON JOHN KREBS, HON LEO N E PANETTA, HON JOHN W J ENRETTE, JR,
HON DANIEL K AKAKA, HON TOM HAGEDORN, HON TOM HARKIN, HON HAROLD L
VOLKMER, AND HON EDWARD R MADIGAN (PAGES 24 TO 26)
% %
% %
We, the undersigned, are strongly opposed to the repeal of the sealed
bidding provision, as set forth in section 9 of H.R 6362, both on the
merits of the issue and because a repeal is premature at this point in
time.
The use of sealed bidding in the letting of contracts for the sale of
goods or services is a uniform practice in Federal, State and local
government. For that matter, sealed bidding has been the sole method
used in connection with the sale of timber in the timber growing regions
of the East, South and Lake States. Only in the West and Pacific
Northwest has oral auction been used as a predominant bidding method.
It is interesting to note, however, that the State of Washington has
been using sealed bidding as an exclusive method in connection with the
sales of State-owned timber. The reason for the use of sealed bidding
everywhere other than in the exceptions noted, is obvious, namely that
it gives everyone an equal opportunity to compete by submitting his or
her best offer.
Although it is theoretically possible to collude under both the
sealed and the oral bidding systems, it is far more difficult under
sealed bidding because there is an unknown factor. That is, an
individual outside the circle of would-be colluders may always send in
his bid without those would-be colluders being aware of it. The other
clear advantage of sealed bidding is that it completely eliminates the
possibility of any "preclusive bidding", wherein a group of bidders will
predetermine the sales on which they will bid, and if anyone from
outside the group attempts to bid on that timber, they will bid as high
as necessary so as to outbid that individual, in order to make it clear
to him that he will never be allowed the opportunity to purchase timber
in "their" area.
It is a matter of record that in those regions of the country
previously mentioned where sealed bidding has been the exclusive method
used in the sale of timber, there has been no evidence of collusive or
preclusive activities. On the other hand, in the West and Pacific
North-west where oral auction has been the predominant bidding method,
there have been strong indications of collusive practices. The Justice
Department has informed the Secretary of Agriculture as recently as
++EP++ April 26, 1977, that on the basis of information available to it
there is good reason to believe that collusive bidding is not limited to
a few isolated instances. % %
% %
For that matter, the Ninth Circuit Court of Appeals this month
affirmed the conviction of three timber companies in a collusion case
arising out of the sale of National Forest timber in Oregon. The
Justice Department is currently engaged in several major investigations
of possible collusive bidding involving sale of timber from National
Forests in northern California, Arizona, New Mexico, Oregon and
Washington.
The intent of the sealed bidding provision as set forth in Section 14
(e) of the National Forest Management Act is to prevent preclusive and
collusive practices. While laws to deal with antitrust violations have
been on the books for years, it is common knowledge that the prosecution
of such violations, when they involve collusion in the bidding on timber
sales, are extremely difficult to prove. This is so, as the Justice
Department confirmed, because of the tight knit nature of the timber
industry. Thus, unless one of the colluders turns state witness, which
is highly unlikely, the prosecution has to prove its case solely on the
basis of circumstantial evidence. It was for this reason that an
amendment was incorporated into last year's Act requiring the use of
sealed bidding in all timber sales except where the Secretary determines
otherwise by regulation.
At the time the law was first passed, certain segments of the timber
industry expressed fear that widespread use of sealed bidding would
result in significant economic hardship, by allowing outsiders to
deprive mills dependent on National Forest timber of the opportunity to
protect their supply. However, based on a survey conducted by the
Justice Department of timber sales during the first months of the
interim regulation, it is abundantly clear that these fears were
groundless. The "raids" about which certain segments of the industry
were so apprehensive simply have not materialized.
We share the concern about the need to protect the truly dependent
communities. However, the solution to the dependent community problem
could be found through the promulgation of appropriate regulations. For
example, prohibitions could be placed on the exporting of logs from the
area tributary to the dependent community, or, alternatively, the Forest
Service might sell the timber only in small tracts so that the loss of
one sale would not pose a threat to the survival of a local mill and its
community.
Section 14 (e) of the National Forest Management Act, which Section 9
of H.R. 6362 seeks to repeal, has been in effect for approximately six
months. It should be given a chance to prove or disprove itself.
Nothing has occurred since the enactment of Section 14 (e) to warrant
the repeal of this provision, other than the apparent determination of
certain timber interests to see to it that it is killed. Both the
Justice Department and the Department of Agriculture share the view that
the repeal of Section 14 (e) would be premature.
In closing, it should be recalled that the timber of our National
Forests belongs to all the people of the United States. They are
therefore entitled to receive the full value for this precious natural
resource. Such a price can be obtained most equitably through the
sealed bidding ++EP++ method, which promotes a healthy and truly
competitive free enterprise system. % %
% %
/s/GEORGE E. BROWN, Jr.
/s/MATTHEW F. MCHUGH.
/s/JOSEPH S. AMMERMAN.
/s/JOHN BRECKINRIDGE.
/s/CHARLES THONE.
/s/GLENN ENGLISH.
/s/JOHN KREBS.
/s/LEON E. PANETTA.
/s/JOHN W. JENRETTE, Jr.
/s/DANIEL K. AKAKA.
/s/TOM HAGEDORN.
/s/TOM HARKIN.
/s/HAROLD L. VOLKMER.
/s/EDWARD R. MADIGAN. ++EP++
HRP HOUSE REPORT
760908 (PART 1 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
TEXT OF THE REPORT (PAGE 1)
% %
% %
The Committee on Agriculture, to whom was referred the bill (H.R.
15069) to amend the Forest and Rangeland Renewable Resources Planning
Act of 1974, and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill as
amended do pass. ++EP++ % %
PAGE 2 % %
SEPTEMBER 8, 1976 ++EP++
HRP HOUSE REPORT
HBR HOUSE BILL REPORTED
760908 (PART 2 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069 (BILL TEXT OMITTED. SEARCH IN BILL FILE.)
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 7)
% %
% %
Page 1, line 3, strike all after the enacting clause and insert the
following,
HRP HOUSE REPORT
760908 (PART 3 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
BRIEF EXPLANATION OF THE LEGISLATION, PURPOSE AND NEED FOR
LEGISLATION, SUMMARY OF COURT LITIGATION (PAGES 7 TO 17)
% %
% %
A.H.R. 15069 would amend the Forest and Rangeland Renewable Resources
Planning Act of 1974 (RPA) to
1. Require the Secretary of Agriculture to include in the 1979 and
subsequent Assessments mandated by the RPA a report on the additional
fiber potential of the National Forest System and provide for public
input and consultation with other agencies in development of report.
2. Establish a program by which lands within the National Forest
System currently in need of reforestation and timber stand improvement
will be treated within eight years; direct the Secretary to treat and
maintain planned timber production on Forest Service lands after this
eight-year period has elapsed so as to prevent a backlog of needed work;
authorize $200 million for reforestation efforts beginning in October
1977 (FY 1978); and provide that funds appropriated in accordance with
these provisions shall be available until expended and shall not be
subject to rescission.
3. Set forth additional requirements to be included in the program
recommendations as mandated by the RPA including a direction to ++EP++
the Secretary that the program contain recommendations which evaluate
the impact of the export and import of raw logs upon domestic timber
supplies and prices. % %
% %
4. Add new requirements for National Forest Service timber management
planning under the RPA as follows,
Require the Secretary to incorporate standards set forth in
this section into plans for units of Forest System as soon as
practicable after enactment but in no event later than September
30, 1985. Provide that management of units may continue under
existing plans pending incorporation of these standards.
Set forth provisions for public participation in the land
management planning process for units of the National Forest
System.
Emphasize that the land management planning process be
consistent with provisions of the Multiple-Use Sustained-Yield
Act.
Set forth seven requirements of land management plans,
(1) that it form one integrated plan for each Forest System
unit, incorporating in one document all aspects of the plan,
(2) that it be embodied in written material and contain certain
information including the planner timber sale program and
proportion of probable methods of timber harvest within the unit,
(3) that it be prepared by a multidisciplinary team based on
actual knowledge of the forest,
(4) that it permit increases in harvest levels based on
intensified management practices and that it provide for a
decrease in harvest levels if such practices cannot be
successfully implemented,
(5) that it permit the application of silvicultural practices
only under certain conditions and guidelines (Church Subcommittee
Guidelines) -- i.e., only if they accomplish multiple
use-sustained yield management objectives, systems are carried out
so as to protect forest resources, there is assurance tree
regeneration can recur within a five-year period, clearcut area is
kept to a minimum needed to accomplish multiple use-sustained
yield resource management objectives, clearcut area is properly
shaped and blended, and the system is not selected primarily for
greatest dollar return.
(6) that it be amended only in accordance with the same
requirements as apply to adoption of plans,
(7) that it be revised only when conditions change but at least
every 15 years in accordance with the requirements that apply to
adoption of plans.
5. Require that plans, permits, contracts and other instruments be
consistent with land management plans and that such instruments
presently in effect be revised as soon as practicable after enactment,
with such revision subject to valid existing rights.
6. Limit timber sale contracts to 10 years, subject to extension for
circumstances beyond purchaser's control, and require that timber
purchasers for a contract of two or more years shall file a plan of
operation with the concurrence of the Secretary with such plan of
operation to become a part of the contract. ++EP++ % %
% %
7. Establish that, insofar as practicable, the Secretary shall take
steps to preserve the diversity of tree species similar to that which
existed at the time of the harvest.
8. Direct the Secretary to establish standards to provide that stands
of timber be harvested at maturity (i.e., culmination of mean annual
increment of growth), with exceptions to provide for sound silvicultural
practices such as thinning or other stand improvements or for harvesting
of timber in imminent danger from insect or disease.
9. Require the establishment of utilization standards, methods of
measurement, and harvesting practices to provide for optimum use of the
wood material and provide for deposits by purchasers of salvage timber
to facilitate preparation of the timber sale. Such deposits would not be
considered as moneys received from the National Forests for purposes of
calculating payments to counties.
10. Require that, unless there is established a need for a permanent
road, all roads shall be designed so as to return vegetative cover
within ten years of the termination of the contract, permit, or lease
either through artificial or natural means.
11. Provide that National Forest lands shall not be returned to the
public domain except by Act of Congress.
12. Abolish the National Forest Reservation Commission and transfer
its functions to the Secretary of Agriculture.
13. Require the Secretary to submit to Congress with the 1979
Assessment a report on the location of wood fiber product fabrication
facilities in the United States and of the public and private forested
areas from which they draw timber, on the degree of utilization of
harvested trees by such facilities, and suggested improvements in
technology to reduce waste of wood fibers.
14. Direct the Secretary to formulate and implement a process for
estimating long-term costs and benefits to support the program
evaluation requirements of the RPA, including a comparison of
expenditures associated with the timber management program with the
return to the Government resulting from sale of timber. Further, the
Secretary must include a summary of the findings resulting from these
estimates in the annual report required by section 7(c) of the RPA,
including identification of those advertised timber sales made for
prices below estimated expenditures.
15. Require the Secretary of Agriculture to submit an annual report
to the Congress on the amounts, types, and uses of herbicides and
pesticides in the National Forests, including the beneficial and adverse
effects of such uses, and also a description of the status of major
research programs, significant findings and how these findings will be
applied in National Forest System management.
16. Require that funds for all presently authorized renewable
resources programs of the Forest Service must be reauthorized by Act of
Congress in order for such programs to be continued commencing with
fiscal year 1981, except for the reforestation authorization contained
in the bill, and except for authorizations which may be enacted
subsequent to enactment of this bill.
B. The twelfth unnumbered paragraph of the 1897 Organic Act is
deleted and new language added providing authority for the Secretary to
sell timber located on National Forest lands, without reference to
++EP++ requirements that resulted in Monongahela decision. % %
% %
Amended provisions among other things, would
1. Require advertising of sales unless extraordinary conditions exist
or appraised value is less than $10,000,
2. Require action to obviate collusive practices in the bidding for
timber or forest products from National Forest System lands and to
establish adequate monitoring systems to promptly identify patterns of
non-competitive bidding,
3. Require sealed bidding to be predominately utilized for advertised
sales of one million board feet or less; and
4. Validate timber sale contracts made prior to enactment of this Act
if the timber was sold in accord with Forest Service silvicultural
practices and sale procedures in effect at the time of the sale.
C. The Act of May 23, 1908, and the Act of March 1, 1911, are amended
to provide that the payments to the States for distribution to the
counties for schools and roads shall be based on 25 percent of the gross
amount received in payment for the timber including purchaser credits
allowed for construction of roads. Thus, the States would receive 25
percent of the gross purchase price rather than 25 percent of the actual
cash inflow to the Federal Treasury. The Secretary must also make
available to the States his projections of anticipated distributions to
the States under the Act of May 23, 1908, and of anticipated payments in
lieu of taxes.
H.R. 15069 is a comprehensive statute which sets forth Congressional
policy for management of the National Forests in the light of the needs
and concerns of present day America. It provides a broad framework
within which the Forest Service can develop improved management of the
National Forests. It establishes authority for the Forest Service to
engage in more intensified reforestation and timber stand improvement
practices. It builds upon the direction provided in the Multiple-Use
Sustained Yield Act and the Forest and Rangeland Renewable Resources
Planning Act. It is a balanced bill which takes account of the concerns
for protection of the environment and the needs of the American people
for a continuous supply of timber.
The National Forests of the United States are an important national
asset. They include 8 percent of the national land area, have a value
estimated at $12 billion and in recent years have produced cash revenues
of $400 million to $500 million annually. Their output and use affect
everyone in the United States, directly or indirectly. The National
Forests include 18 percent of the commercial forest land of the country
but now include slightly more than half of the standing softwood timber,
and a smaller proportion of the hardwood timber. The National Forests
are managed by the Forest Service in the Department of Agriculture on
multiple use principles, with due regard for outputs of timber outdoor
recreation, wildlife, and water.
The National Forests are located largely in the West because they
were established by the reservation of public domain for permanent
public ownership. In 1891 when such reservations began, most of the
suitable public domain was in the West. The Weeks Act of March 1, 1911,
provided the authority to acquire lands and led to the establishment
++EP++ of most of the Eastern National Forests. % %
% %
The Weeks Act directed the Secretary to identify for purchase "such
forested, cutover or denuded lands within the watersheds of navigable
streams as in his judgment may be necessary to the regulation of the
flow of navigable streams or for the production of timber." Under this
legislation, considerable acreage was purchased from private landowners,
primarily in the South, the Northern Lake States, and the East.
Half of the National Forests are classed as commercial forests; the
rest is above timberline, is covered with shrubs and grasses, or has
forests too sparse to be considered "commercial". The commercial stands
of the National Forests are primarily softwood species and most of the
timber grown is old growth, or "virgin". Such stands typically show
little net growth annually and cannot be made to grow much more wood
until the old stand has been harvested and replaced by new, more
economical, faster-growing stands. Some of the most difficult problems
of forest management involve this conversion of old growth to younger
stands.
Authority for the management of the National Forests originated with
the Act of June 4, 1897 (familiarly known as the Organic Administration
Act of 1897). The purposes of the National Forests as stated in that Act
are "to improve and protect the forest within the boundaries, or for the
purpose of securing favorable conditions of water flow, and to furnish a
continuous supply of timber for the use and necessities of citizens of
the United States." These purposes have been shaped and refined by a
number of other Acts over the years.
The Multiple-Use Sustained-Yield Act of 1960 established a policy
that the National Forests are established and shall be administered for
outdoor recreation, range, timber, watershed, and wildlife and fish
purposes. It directed the Secretary "to develop and administer the
renewable surface resources of the national forests for multiple use and
sustained yield of the several products and services obtained
therefrom."
In 1964, Congress enacted the Forest and Rangeland Renewable
Resources Planning Act (RPA). In this Act, it reaffirmed the importance
of managing the renewable resources contained within the approximately
187 million acres in the National Forest System in a manner consistent
with the principles set forth in the Multiple-Use Sustained-Yield Act of
1960 so as to meet the present and anticipated future demands on these
resources by the American people. The Act provided for development of
long range plans for the renewable resource programs administered by the
Forest Service and for a Statement of Policy reviewable by the Congress.
(The policy statement sets guidelines within which the annual budgets
are to be developed over the next five years.) The Act also established
requirements for the Secretary to develop land and resource management
plans for units of the National Forest using a systematic
interdisciplinary approach.
Interest in legislation which would provide modernized standards for
management of the National Forest has been provoked by a spate of
litigation concerning timber sales by the Forest Service which permit
the use of clearcutting techniques.
On August 21, 1975, the Fourth Circuit Court of Appeals affirmed a
decision of the Federal District Court for West Virginia pertaining
++EP++ to three planned timber sales on the Monongahela National Forest.
% %
% %
The decision, based on a strict interpretatin of the Act of June 4,
1897, allows sale of only dead, physiologically mature, or large trees
which have been individually marked and which will be completely
removed. Izaak Walton League of America V Butz, 522 F.2d 1945 (4th Cir.
1975). The need for a major revision of the forest management
legislation is brought sharply into focus by the Court of Appeals
decision in the Monongahela case in which it stated,
We are not insensitive to the fact that our reading of the
Organic Act will have serious and far-reaching consequences, and
it may well be that this legislation enacted over seventy-five
years ago is an anachronism which no longer serves the public
interest. However, the appropriate forum to resolve this complex
and controversial issue is not the courts but the Congress.
This case was followed by a series of other cases instituted
elsewhere in the country which could shortly have the effect of making
the Monongahela decision nationwide in application. (The litigation is
described in greater detail in the next section of this report.) Based
on the constraints on the type of trees that can be harvested under the
courts' interpretation, the Department of Agriculture estimates that the
volume of timber which can be harvested from the predominantly immature
eastern National Forests in the next few decades will be only 10 percent
of current harvest levels. In the mature forests of the West, the
Department estimates that harvest levels will be reduced to about 50
percent of current harvest levels.
These estimates of reduced timber harvest are based on the
application of the courts' interpretation to new sales and do not assume
a requirement to revise sales presently under contract. If present
contracts had to be revised, it would almost completely stop harvesting
from the National Forest System until contracts were revised or new
sales developed.
A reduction in the amount of timber products offered to consumers
would quickly result in increased prices. A number of studies and
historical experience indicate that market prices of the major timber
products are quite responsive to changes in quantities supplied to the
market. The Department of Agriculture's preliminary estimate indicates
that a 50-percent reduction in available Forest Service softwood timber
would result in more than a 15-percent increase in wholesale lumber
prices and a larger increase in wholesale plywood prices for the period
1980-90. The immediate impact on lumber and plywood prices could even
exceed the above projections. The impact of a shortage in supply would
be particularly critical if it occurred at a time when the housing
market was expanding.
In addition to these national impacts, a major reduction in the
supply of softwood sawtimber from the National Forests would have a
severe impact on certain local economies. Many areas in the West are
dependent on the National Forests for a major part of their supply of
raw material. A loss or major reduction in supply would likely force
certain mills out of business with accompanying impacts on employment
and community stability. Although National Forests ++EP++ supply less
than 5 percent of the total hardwood sawtimber, a loss or major
reduction in supply would also have a severe impact on local dependent
industries and the related communities. % %
% %
The Monongahela decision resulted in the introduction of a number of
measures in the House, some with sharply differing approaches. Some
bills were in the nature of prescriptive legislation with sharp
curtailment on activities of the Forest Service, other bills set out
standards for management of timber resources providing greater
flexibility to the Forest Service. A few would merely have repealed
provisions of the Organic Act to which the courts addressed themselves
in the litigation, while a few others would have provided short-term
stop-gap relief.
The Subcommittee on Forests was in markup sessions for a total of
nine days during which it considered a comparative print of these bills.
This procedure insured a full and complete consideration of all points
of view. The legislation which emerged from the Subcommittee and
Committee markup of an additional three days borrows from a number of
these measures as well as from other proposals.
H.R. 15069 is responsive to the problems resulting from the recent
court decisions but also provides guidelines to the Forest Service in
timber management activities that take account of the varying interests
of the American people and its economy. In the view of the Committee, it
is imperative that the Forest Service of the U.S. Department of
Agriculture have the authority to apply modern management practices,
techniques, and technology to the lands within its jurisdiction. This is
especially true with reference to the management of the timber resource
because of its interrelationship with the other uses and resources of
the forest. Any alteration of the timber resource has significant
effects on the other uses of the land, including but not limited to the
quality of watershed protection, recreation use, wildlife habitat, and
range management.
One of the most important provisions of the bill is the new thrust it
would provide for reforestation and timber stand improvement of the
National Forests. It provides an annual authorization of $200 million
with a view that the backlog of land in need of reforestation and timber
stand improvement would be treated within an eight-year period and
thereafter forest lands would be treated on a current basis. It is
expected that with full implementation of this authority, the Forest
Service will be able to provide increased yields from the National
Forests as needed to keep pace with demand for timber products and at
the same time enable this resource to be replenished and renewed through
the years. Further, the Committee feels that this provision will provide
indirect returns to the Federal Government and to the American people
through improved watershed protection, greater opportunities for outdoor
recreation, and enhanced wildlife and fish habitat.
H.R. 15069 also addresses itself to the issue of the payment to the
States from receipts from the sales of timber. Under laws enacted early
in this century, 25 percent of the "moneys received" from National
Forest timber sales are turned back to the states for distribution to
eligible counties. These funds, which are intended to compensate the
counties for lost tax revenues, are specifically earmarked for the
benefit of public roads and public schools. ++EP++ % %
% %
Since 1964 the Forest Service has had the authority to require the
successful bidders on timber contracts to construct the roads needed to
carry out the harvesting operations. In return, the purchaser receives a
credit equal to the road construction costs, which is then deducted from
the sale price of the timber. The result of this method of constructing
logging roads is to reduce the "moneys received" by the Forest Service,
and hence to reduce the payments to counties.
Up until the early 1970's, approximately half of the roadbuilding
activity on the National Forests was financed by purchaser credits,
while the other half was financed by direct appropriations. Within
recent years, however, up to 95% of road construction costs has been
borne by purchaser credits, with devastating results on the level of
payments to counties. For example, it is estimated that, in the prior
fiscal year, purchaser credits account for $210 million in a Forest
Service road-building budget of $221.9 million. This heavy reliance on
purchaser credit roads deprives the National Forest counties of $52.5
million in timber-sales payments.
H.R. 15069 corrects this inequitable situation by defining the term
"moneys received" to include all credits allowed timber purchasers for
permanent road construction. In addition, the collections under the
Knudson-Vandenberg Act, which gave the Forest Service the authority to
require deposits from timber purchasers for reforesting harvested areas,
are also defined as "moneys received" by this section. The amendment
will neither directly affect the construction of purchaser-credit roads
nor the collection of K-V funds; it will simply ensure that counties do
not suffer financially as a result of these actions.
Not only does this revision correct an inequitable situation, but it
will also go a long way towards the improvement of the highly strained
relations which now often exist between local counties and the Forest
Service.
This year is the 100th birthday of Federal forestry in the United
States Franklin B. Hough was appointed the first forestry agent in the
United States Department of Agriculture on August 30, 1876, marking the
start of Federal forestry in this country. He later became Chief of
USDA's Division of Forestry, the forerunner of today's Forest Service.
Without the initiation of Federal forestry 100 years ago, America would
not be the prosperous and bountiful land that it is today.
In the view of the Committee, H.R. 15069 provides the basis for
effective and imaginative Federal forestry management as we enter the
next centennial.
In three recent cases, Federal courts have enjoined the U.S. Forest
Service from negotiating or completing timber sales involving the use of
clearcutting. In November 1973, the United States District Court for the
Northern District of West Virginia, in a case styled West Virginia Div.
of the Izaak Walton League Inc. v. Butz, 367 F. Supp. 422, enjoined the
Forest Service from entering into three proposed timber sales in the
Monongahela National Forest in West Virginia. The District Court held
that the proposed use of clearcutting in such sales violated the twelfth
unnumbered paragraph of the Organic Act of 1897, ++EP++ % %
% % 16 U.S.C. 476, because trees would be cut which were not dead,
matured, or of large growth and which were not individually marked. The
twelfth unnumbered paragraph of the Organic Act, which the Forest
Service has regarded as its sole timber sale authority, provides in
pertinent part, that,
"For the purpose of preserving the living and growing timber
and promoting the younger growth on national forests, the
Secretary of Agriculture, under such rules and regulations as he
shall prescribe, may cause to be designated and appraised so much
of the dead, matured, or large growth of trees found upon such
national forests as may be compatible with the utilization of the
forests thereon, and may sell the same for not less than the
appraised value....Such timber before being sold, shall be marked
and designated, and shall be cut and removed...." (Emphasis
supplied.)
The Government appealed; but the decision of the District Court was
affirmed on August 21, 1975, by a unanimous three-judge panel of the U.
S. Court of Appeals for the Fourth Circuit. West Virginia Div. of Izaak
Walton League of Am., Inc. v. Butz, 522 F.2d 945. The Department of
Justice elected not to seek further review by the U.S. Supreme Court.
In a second case, Zicske v. Butz, 406 F. Supp. 258, which was decided
in December, 1975, the U.S. District Court for the District of Alaska
adopted the rationale underlying the decision of the Fourth Circuit in
the Monongahela case and enjoined the clearcutting of timber on a small
portion of a 50 year timber sale already in progress in the Tongass
National Forest in Alaska. Unlike the Monongahela decision which
enjoined only proposed sales, in Zieske the District Court enjoined
harvesting of timber which had already been sold. The Committee
understands that the Department of Justice has decided to appeal that
decision to the United States Court of Appeals for the Ninth Circuit.
The third and most recent case in which the Monongahela ruling has
been applied is that of Texas Committee on Natural Resources v. Butz,
Civil Action No. TY-76-268-CA. In this case, the U.S. District Court for
the Eastern District of Texas, on July 23, 1976, held that clearcutting
as practiced by the Forest Service in the Sam Houston, Angelina, Sabine,
and Davy Crockett National Forests violates not only the Organic Act but
also the Multiple-Use Sustained-Yield Act and the National Environmental
Policy Act. Accordingly, the District Court issued from the bench a
preliminary injunction enjoining certain proposed timber sales as well
as further harvesting under numerous on-going timber sales in those
Forests. The Committee understands that it is unlikely that the
Government will appeal the preliminary injunction and that trial in this
case has been set for December 6, 1976.
The three cases outlined above are the only cases thus far in which
the Forest Service has actually been enjoined from entering into or
completing timber sales. However, six additional cases have been brought
against the Forest Service which raise the Organic Act issue.
In the wake of the August, 1975, decision by the U.S. Court of
Appeals in the Monongahela case, the Forest Service has conducted in the
four States which comprise the Fourth Circuit (West Virginia, ++EP++
Virginia, North Carolina and South Carolina) only such limited timber
sale activity as complies with the decision of the Court of Appeals. % %
% % The Southern Appalachian Multiple Use Council, Inc., an industry
group headquartered in North Carolina, has brought three suits
challenging the decision of the Forest Service to follow the Monongahela
decision in the Fourth Circuit. This group contends that the decision is
wrong and should not be followed at all, or if it must be followed, that
it should be followed uniformly throughout the United States. They first
brought suit in the United States District Court for the Western
District of North Carolina. Southern Appalachian Multiple Use COUNCIL,
INC. V. BUTZ, CIVIL NO. A-75-173. ON DECEMBER 29, 1975, THAT Court
denied their request that the Court direct the Forest Service either not
to apply the Monongahela decision in the Fourth Circuit or, in the
alternative, to apply it nationwide. They appealed that decision to the
U.S. Court of Appeals for the Fourth Circuit which has heard argument
but as yet issued no decision.
The Southern Appalachian Multiple Use Council, Inc., has also filed
two additional suits against Secretary of Agriculture Earl L. Butz, one
in the Fifth Circuit (Southern Appalachian Multiple Use Council, Inc.
v. Butz, C76-702-A, U.S. District Court for the Northern District of
Georgia) and one in the Sixth Circuit (Southern Appalachian Multiple Use
Council, Inc. v. Butz, C.A. No. 2-76-63, U.S. District Court for the
Eastern District of Tennessee). They seek in these suits to enjoin the
Forest Service from concluding two specific timber sales, one in the
Chattahoochee National Forest in Georgia and one in the Cherokee
National Forest in Tennessee, on the ground that each proposed sale
calls for the use of clearcutting which, under the Monongahela
rationale, would violate the Organic Act. The Georgia case was filed in
April, 1976, and a decision is expected shortly. The Tennessee case was
filed in May, 1976, and is not as far along. We understand that the
Forest Service has agreed, pending decision by the respective District
Courts, not to award a contract for either sale.
Three other cases merit mention in connection with this issue. The
first is the case of M. W. Umphlett and Sons, Inc. v. Butz (C.A. No.
76-1304) filed on July 20, 1976, in the United States District Court for
the District of South Carolina, in which the District Court has been
requested to enjoin the Forest Service from following the Monongahela
decision in the Francis Marion National Forest in South Carolina or
elsewhere in the Fourth Circuit. The State of South Carolina is, of
course, a part of the Fourth Circuit and, as noted above, this issue is
already pending before the Fourth Circuit on appeal of the North
Carolina case brought by the Southern Appalachian Multiple Use Council,
Inc.
In Kodiak Aleutian Chapter, Alaska Conservation Society v. Butz
(Civil No. A-75-73), the United States District Court for the District
of Alaska has been asked to halt an on-going 15-year timber sale in the
Chugach National Forest in Alaska on the ground that it involves the use
of clearcutting and, therefore, violates the Organic Act. The suit was
filed on June 9, 1976, but there have been no further significant
developments.
Finally, there is the case of Miller v. Mallery (Civil No. 73 609),
which is pending before the United States District Court for the
District of Oregon. The Forest Service has been attacked for permitting
recreational use and timber harvest upon the Bull Run Reserve in ++EP++
the Mt. Hood National Forest in Oregon. % %
% % The plaintiffs have raised the Monongahela issue in an amended
complaint. However, the Court has indicated its intention to decide the
case against the Forest Service in the near future on the basis of
another federal statute which is entirely unrelated to the clearcutting
controversy. Therefore, the Monongahela issue will not be reached in the
near term, if at all. ++EP++
HRP HOUSE REPORT
760908 (PART 4 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
SECTION-BY-SECTION ANALYSIS (PAGES 17 TO 24)
% %
% %
Reference should be made to the Subcommittee and Committee Markup
Section of this report for additional comments on provisions of H.R.
15069.
Section 1. This section provides that, if enacted, this bill (H.R.
15069) may be cited as the "National Forest Management Act of 1976".
Section 2. This section amends section 2 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, 88 Stat. 476; 16 U.S.C.
1601-1610 (hereinafter referred to as the RPA), by adding thereto a new
subsection (c) which requires that the Secretary include in the 1979 and
subsequent decennial updatings of the renewable resource Assessment
required by RPA section 2(a) a report on the additional fiber potential
in the National Forest System. The Secretary must consult with other
interested governmental departments and agencies in preparing the report
and provide opportunity for public input. Among the things which must
be covered in the report are forest mortality, growth salvage potential,
potential increased forest products sales, economic constraints,
alternate markets, contract considerations, and other multiple use
considerations.
Section 3. This section further amends section 2 of the RPA by
adding thereto a new subsection (d), which is a comprehensive
reforestation provision, and a new subsection (e), which requires
reports of herbicides and pesticides used in the National Forests.
Paragraph (1) of new subsection (d) establishes as the policy of the
Congress that all forested lands in the National Forest System shall be
maintained in appropriate forest cover with species of trees, degree of
stocking, rate of growth, and conditions of stand designed to secure the
maximum benefits of multiple use sustained yield management in
accordance with land management plans. Beginning with the President's
budget submission for fiscal year 1978, the Secretary of Agriculture is
directed to submit annually to the Congress with the President's budget
a report of the amount and location by forests and States, and by
productivity class where practicable, of all lands in the National
Forest System where objectives of land management plans indicate the
need to reforest areas that have been cut-over or otherwise deforested
and all lands with stands of trees that are not growing at their best
potential rate of growth. Such lands must then be given the level and
types of treatment which secure the most effective mix of multiple use
benefits. The Secretary must examine all treated National Forest lands
after the first and third growing seasons and certify in the annual
report that, as determined by stocking rate, ++EP++ growth rate in
relation to potential, and other pertinent measures, the results of
treatment of such lands are satisfactory, if indeed such is the case. %
%
% %
Any lands not certified as satisfactory shall be returned to the
backlog and scheduled for prompt treatment.
Paragraph (2) of new subsection (d) requires, also beginning with
submission of the President's budget for fiscal year 1978, that, for a
period of eight years after enactment of this subsection, the Secretary
must include in his annual report, and provide for inclusion in the
President's budget, an estimate of the sums necessary to be
appropriated, over and above funds available from other sources, to
replant and otherwise treat an acreage equal to the acreage to be
cut-over that year plus a sufficient portion of the backlog of lands
needing treatment to eliminate the backlog within the eight-year period.
The sums estimated as necessary must include moneys needed to secure
seed, grow seedlings, prepare sites, plant trees, thin, remove
deleterious growth and underbrush, build fence to exclude livestock and
adverse wildlife from regeneration areas and otherwise establish and
improve growing forests to secure planned production of trees and other
multiple use values. After the initial eight-year period, the
Secretary's annual report must contain an estimate of the sums necessary
to replant and otherwise treat all lands being cut-over and maintain
planned timber production on all other forested lands in the National
Forest System so as to prevent development of a backlog of needed work
larger than the needed work at the beginning of the fiscal year.
Paragraph (3) of new subsection (d) provides, beginning in fiscal
year 1978, an authorization for annual appropriation of $200 million to
meet the requirements of new subsection (d), especially for
reforestation and other treatment of lands in the National Forest
System. All sums appropriated for the purposes of subsection (d) shall
be available until expended and not subject to rescission.
The new subsection (e) which is added by this bill to section 2 of
the RPA requires the Secretary to submit to the Congress annually a
report on the amounts, types, and uses of herbicides and pesticides in
the National Forests, including the beneficial or adverse effects of
such uses.
Section 4. This section amends paragraph (4) of section 3 of the RPA
to delete the word "satisfy" and insert in lieu thereof the words
"implement and monitor". The change is intended to express the intent
of the Congress that the quinquennial renewable resource program
submitted by the Secretary pursuant to section 3 of the RPA accurately
reflect the types and numbers of personnel needed to aggressively
implement and continually evaluate the program.
Section 5. This section further amends section 3 of the RPA to add a
new paragraph (5) which requires that the quinquennial renewable
resource program submitted to the Congress by the Secretary contain
additional program recommendations which: (A) evaluate objectives for
the major Forest Service programs in order that multiple use and
sustained yield relationships among and within the renewable resources
can be determined; (B) recognize the fundamental need to protect and,
where appropriate, improve the quality of soil, water, and air
resources; (C) state national goals that recognize the
interrelationships ++EP++ between and interdependence within the
renewable resources; and (D) evaluate the impact of the export and
import of raw logs upon domestic timber supplies and prices. % %
% %
Section 6. This section amends section 5 of the RPA, which requires
the Secretary to develop and maintain land and resource management plans
for units of the National Forest System, by adding thereto ten
additional subsections lettered (c) through (1).
Subsection (c) requires that the Secretary incorporate into plans for
all units of the National Forest System the standards contained in
section 5 of the RPA, as amended. He must begin as soon as practicable
after enactment of H.R. 15069 and must complete this process for all
units by September 30, 1985. Until the new standards are incorporated
into its plans, each unit of the National Forest System may continue
under existing land and resource management plans.
Subsection (d) requires that land and resource management plans be
available to the public at convenient locations near the affected unit
for at least three months before adoption during which time the
Secretary shall afford and publicize opportunities for public
involvement at locations which foster public participation in review of
such plans.
Subsection (e) requires that the Secretary assure that plans for
units of the National Forest System determine forest management systems,
harvesting levels, and procedures, and the availability of lands and
their suitability for resource management. The plans must provide for
multiple uses and sustained yield of the products and services obtained
there from in such a fashion as to insure coordination of outdoor
recreation, range, timber, watershed, wildlife, fish and wilderness, and
in light of these uses and the definitions of the terms "multiple use"
and "sustained yield" contained in the Multiple-Use Sustained-Yield Act
of 1960.
Subsection (f) contains seven paragraphs addressed specifically to
plans developed in accordance with section 5 of the RPA. Such plans
must.
(1) Form one integrated plan for each unit of the National
Forest System incorporating in one document all of the features
required by section 5 of the RPA and any other applicable
provisions of law.
(2) Be embodied in appropriate written material, including maps
and other descriptive documents, reflecting proposed and possible
actions, including the planned timber sale program and the
proportion of probable methods of timber harvest within the unit
necessary to fulfill the plan.
(3) Be prepared by a multidisciplinary team. Each team shall
prepare its plan based on actual knowledge of the forest and upon
inventories of all the resources of the forest.
(4) Permit increases in harvest levels based on intensified
management practices, such as reforestation, thinning, tree
improvement, and the like if
(i) such practices justify increasing the harvests in
accordance with the Multiple-Use Sustained-Yield Act of 1960, and
++EP++
(ii) such harvest levels are decreased at the end of each
planning period if such practices cannot be successfully
implemented or funds are not received to permit such practices to
continue substantially as planned,
% %
% %
(5) Permit the application of silvicultural systems only if
(i) such systems are determined to be appropriate to accomplish
the multiple use sustained yield resource management objectives of
subsection (e) (1),
(ii) such systems are carried out in a manner consistent with
the adequate protection of soil, watershed, continuously flowing
waterways and bodies of water, fish, wildlife, recreation, and
esthetic resources, and with the regeneration of the timber
resources,
(iii) there is assurance that tree regeneration can occur
either by natural or artificial means within a reasonable period
after harvest, but in no event longer than five years,
(iv) the size of areas to be clearcut is kept to the minimum
needed to accomplish silvicultural and multiple use sustained
yield resource management objectives of subsection (e) (1),
(v) the areas to be clearcut are shaped and blended with the
natural terrain to the extent practicable especially where there
are esthetic considerations, and
(vi) such system is not selected primarily because it will give
the greatest dollar return or the greatest unit output of timber,
(6) Be amended after final adoption only in accordance with the
provisions of new subsections (e) and (f) and after being open to
public scrutiny and public involvement comparable to that required
by new subsection (d), and
(7) Be revised
(i) from time to time when the Secretary of Agriculture finds
conditions in a unit have significantly changed, but at least
every fifteen years, and
(ii) in accordance with the provisions of subsections (e) and
(f) and the public serutiny and public involvement provisions of
subsection (d).
Subsection (g) requires that resource plans and, subject to valid
existing rights, permits, contracts and other instruments for use and
occupancy of National Forest System lands be made consistent with land
management plans. Revision of such land management plans will require
cor relative revision of resource plans, permits, contracts, etc., again
subject to valid existing rights.
Subsection (h) limits the duration of any contract for the sale of
timber to ten years unless there is an express finding by the Secretary
that a contract of longer duration will result in better utilization of
the various forest resources, consistent with the provisions of the
Multiple Use Sustained Yield Act of 1960, and except that extension may
be granted by the Secretary where additional time is required because of
circumstances beyond the control of the purchaser. The length and other
term of any timber sale contract shall be designed to promote harvesting
which is orderly and consistent with the principles set forth in section
5 of the RPA. The contract for any advertised timber sale with a term
of two years or more shall incorporate a plan ++EP++ of operation, filed
promptly after execution of the contract by the purchaser which shall be
subject to concurrence by the Secretary and also subject to amendment to
meet changing conditions. % %
% %
The Secretary may not extend any contract period with an original
duration of two years or more unless he finds that the purchaser has
diligently performed, or made every reasonable effort to perform, in
accordance with a plan of operation concurred in by the Secretary and
that extension would be in the public interest.
Subsection (i) requires that the Secretary, within the multiple use
objectives of a land management plan adopted pursuant to section 5 of
the RPA, preserve the diversity of tree species existing at the time of
harvest in the region controlled by the unit plan.
Subsection (j) contains three paragraphs which require the Secretary
to establish,
(1) Standards to insure that, prior to harvest, stands of trees
throughout the National Forest System shall generally have reached the
culmination of mean annual increment of growth (calculated on the basis
of cubic measurement or other methods of calculation at the discretion
of the Secretary). However, these standards shall not preclude the use
of sound silvicultural practices, such as thinning or other stand
improvement measures nor shall they preclude the Secretary from salvage
or sanitation harvesting of timber stands which are substantially
damaged by fire, windthrow or other castastrophe, or which are in
imminent danger from insect or disease attack,
(2) Exceptions to the standards established under paragraph (1) which
permit the harvest of particular species of trees in management units
after consideration has been given to the multiple uses of the forest
including but not limited to recreation, wildlife, habitat, and range
and after completion of public participation processes utilizing the
procedures of subsection (d) of section 5 of the RPA, as amended, and
(3) utilization standards, methods of measurement, and harvesting
practices for the removal of trees, portions of trees, or forest
products to provide for the optimum practical use of the wood material.
Such standards, etc., must reflect consideration of opportunities to
promote more effective wood utilization, regional conditions, and
species characteristics and must be compatible with multiple use
resource management objectives in the affected area. The Secretary is
authorized to require the purchases of insect-infested, dead, damaged,
or down timber to make monetary deposits, as a part of the payment for
the timber to cover the cost to the United States for design,
engineering, and supervision of the construction of needed roads and the
cost of sale preparation and supervision of the harvesting of such
timber by the Forest Service. Such deposits will be placed in a
designated fund to be available until expended, and will not be
considered as moneys received from the national forests within the
meaning of sections 500 and 501 of title 16, United States Code (which
require that 25 percent of moneys received from each national forest go
to the States for schools and roads, and that 10 percent be spent for
roads and trails in the national forests). Sums found to be in excess
of the cost of accomplishing the purposes for which deposited on any
national forest shall be transferred to miscellaneous receipts in the
Treasury of the United States. ++EP++ % %
% %
Subsection (k) requires that, together with the 1979 updating of the
Assessment required by section 2 of the RPA, the Secretary must submit
to the Congress a report on the milling and other wood fiber product
fabrication facilities, detailing their location in the United States
and identifying the public and private forested areas upon which they
draw. The report must assess the degree of utilization of harvested
trees into product form by such facilities and must identify technology
appropriate to the facilities to reduce wasted wood fibers by improving
utilization of the harvested tree or of harvested trees. The Secretary
is required to set forth a program which will encourage the adoption by
these facilities of the necessary technologies for improving wood fiber
utilization.
Subsection (1) requires the Secretary to,
(1) Develop and implement a process for estimating all long-term
costs and benefits to support the program evaluation requirements of the
RPA. This process must require provision of information on all
estimated benefits and expenditures including, but not limited to, those
associated with reforestation, timber stand improvement, and sale of
timber from the National Forest System, and must provide a co-parison of
these expenditures return to the Government resulting from the sale of
timber; and
(2) Include a summary of data and findings resulting from these
estimates as a part of the annual report required pursuant to section
7(e) of the RPA, including an identification of those advertised timber
sales made below the estimated expenditures for such timber as
determined by the above cost process.
Section 7. This section amends section 7 of the RPA by adding a
proviso at the end of subsection (a) and adding a new sentence to
subsection (c). The proviso added to subsection (a) provides that,
except as otherwise provided in section 2(d) (3) of the RPA
(authorization to carry out reforestation added by section 3 of H.R.
15069) no funds are authorized to be appropriated to carry out renewable
resource programs of the Forest Service after September 30, 1980, unless
specifically authorised by law enacted after the effective date of this
provision. The new sentence added to subsection (c) requires that the
annual report required of the Secretary by that subsection must include
a description of the status of major research programs and significant
findings, and a description of how these findings will be applied in
National Forest System management.
Section 8. This section amends section 9 of the RPA by designating
the existing language as subsection (a) and adding at the end thereof a
new subsection (b). The new language provides that unless the necessity
for permanent roads is set forth in the forest development road system
plan, and unless it is later determined that the road or roads are
needed for use as part of the forest development road system, roads
constructed on land of the National Forest System in connection with a
timber contract or other permit or lease shall be designed with the goal
of reestablishing vegetative cover on the roadway ++EP++ and areas where
the vegetative cover has been disturbed by the construction of the road
through natural or artificial means within ten years after the
termination of such timber contract, permit, or lease. % %
% %
Section 9. This section adds to the end of subsection (a) of section
10 of the RPA, a new sentence which prevents return to the public domain
except by Act of Congress of lands which now are, or may hereafter be,
reserved or withdrawn from the public domain as National Forests.
Section 10. This section adds to the RPA a new section 12, styled
Acquisition of National Forest System Lands which abolishes the National
Forest Reservation Commission, established by the Act of March 1, 1911
(36 Stat. 961, as amended; 16 U.S.C. 513-516, 518) and transfers its
functions to the Secretary of Agriculture. The new section further
authorizes and directs the Secretary, as part of the report prepared in
compliance with section 7(c) of the RPA, to make an annual report to
Congress of all land purchases and exchanges relating to the National
Forest System. The report must include an evaluation of the purchase
price criteria and guidelines utilized by the Secretary for the purpose
of forest land acquisition.
Section 11. This section adds to the RPA two additional new
sections. New section 13 authorizes the Secretary to prescribe such
regulations as he determines necessary and desirable to carry out the
provisions of the RPA. New section 14 is a standard severability clause
which provides that if any provision of the RPA or the application
thereof to any person or circumstances is held invalid, the validity of
the remainer of the RPA and of the application of such provision to
other persons and circumstances shall not be affected thereby.
Section 12. This section amends the twelfth unnumbered paragraph of
the Organic Act of 1897, 16 U.S.C. 476, by deleting the present language
and supplanting it with a comprehensive timber sale provision designed
to render moot the Monongahela and other court decisions restricting the
Secretary of Agriculture to sale of dead, matured, or large growth of
trees which have been individually marked. The new language provides
specifically that for the purpose of achieving the policies set forth in
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.
528-531) and the RPA, the Secretary under such rules and regulations as
he may prescribe, may sell, at not less than appraised value, trees,
portions of trees, or forest products located on National Forest System
lands. The Secretary must advertise all sales, unless he determines
that extraordinary conditions defined by regulation exist or that the
appraised value of the sale is less than $10,000. If, upon proper
offering, no satisfactory bid is received for a sale, or the bidder
fails to complete the purchase, the sale may be offered and sold without
further advertisement. The Secretary is required to take such action as
he may deem appropriate to obviate collusive practices in bidding for
trees, portions of trees or forest products from National Forest System
lands, including establishment of ++EP++ adequate monitoring systems to
promptly identify patterns of noncompetitive bidding, utilization of
sealed bidding for advertised sales of one million board feet or less,
and a requirement that instances of collusive practices or patterns of
non-competitive bidding be reported to the Department of Justice with
any and all supporting data. % %
% %
Designation, marking when necessary, and supervision of harvesting of
trees, portions of trees, or forest products must be conducted by
persons employed by the Secretary who have no personal interest in the
purchase or harvest of such products and who are not directly or
indirectly in the employment of the purchaser thereof.
The Secretary, under such rules and regulations as he may prescribe,
is authorized to dispose, by sale or otherwise, of trees, portions of
trees, or forest products for research and demonstration projects. And
finally, the new language expressly provides that timber sales made
pursuant to the now deleted provision of the Organic Act prior to the
date of enactment of this amendment shall not be invalid if the timber
was sold in accord with Forest Service silvicultural practices and sale
procedures in effect at the time of the sale.
Section 13. This section requires inclusion, for purposes of
calculating payments to States for schools and roads, of all collections
under the Knutson-Vandenberg Act of 1930 and all credits to the
purchaser in timber sale contracts for construction of roads.
Specifically, this section amends the sixth paragraph under the heading
"FOREST SERVICE" in the Act of May 23, 1908, 35 Stat. 260, as amended,
and section 13 of the Act of March 1, 1911, 36 Stat. 963, as amended (16
U.S.C. 500), by adding two new sentences at the end thereof. The first
sentence provides that in the calculation of the 25 percent payment to
the States for public schools and public roads, the term "moneys
received" shall include all collections under the Act of June 9, 1930,
and all amounts earned or allowed any purchaser of national forest
timber and other forest products within such State as purchaser credits
for the construction of roads on the National Forest Transportation
System within such national forests or parts thereof in connection with
any Forest Service timber sale contracts. The second new sentence
requires the Secretary, from time to time as he goes through his process
of developing budget review estimates, to make available to the States
for their use for local budget planning purposes his current projections
of revenues and payments estimated to be made under the Act of May 23,
1908, as amended, or under any other special Acts making payments in
lieu of taxes. ++EP++
HRP HOUSE REPORT
760908 (PART 5 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069, S 3091, HR 11894, HR 12503, HR 10364, HR 12130, HR 13238,
HR 13832, HR 13236, S 2926, HR 13258, HR 14667, HR 14542, HR 13226
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
COMPARISON OF SALIENT PROVISIONS OF HR 15069 WITH THOSE OF S 3091,
COMMITTEE CONSIDERATION (PAGES 24 TO 38)
% %
On August 25, 1976, the Senate passed S. 3091 which, like H.R.
15069, is entitled the "National Forest Management Act of 1976". Both
bills would amend the Forest Service Organic Act to eliminate the
restrictive provision which precipitated the Monongahela line of cases.
That provision would be supplanted under both bills by quite similar
language which (1) affords the Secretary considerably more flexibility
++EP++ in conducting sales of timber from the National Forests and (2)
purports to validate all sales made pursuant to the Organic Act prior to
enactment of these bills. % %
% %
The two bills are similar in other respects. Both contain
substantially similar provisions which would,
1. Prevent return to the public domain without the consent of
Congress of any land now or hereafter reserved or withdrawn from the
public domain as National Forests.
2. Require establishment of standards for utilization of all wood
material harvested in the National Forests and also require a decenmal
report by the Secretary of the fiber potential of the National Forests.
3. Require that resource plans and permits, contracts, and other
instruments for the use and occupancy of National Forest System lands be
consistent with land management plans developed in accordance with
section 5 of the RPA, as amended.
4. Limit the duration of timber sale contracts generally to ten
years with discretion in the Secretary to extend the period under
certain circumstances.
5. Require reestablishment of vegetative cover on roads constructed
in connection with timber contracts unless such roads are needed as part
of the forest development road system.
6. Abolish the National Forest Reservation Commission and require
the Secretary to report annually to the Congress all land purchases and
exchanges relating to the National Forest System.
7. Require that amounts credited to timber purchasers for
construction of roads, and amounts deposited under the Knutson
Vandenberg Act for reforestation, be included as receipts from the
National Forests for purposes of calculation of the amounts which must
be paid to the States for public schools and public roads (twenty-five
percent of such receipts).
However, there are a number of significant differences between the
two bills. S. 3091 would limit sale of timber from each National Forest
to a quantity equal to or less than a quantity which can be removed from
such forest annually in perpetuity on a sustained yield basis. H.R.
15069 contains no comparable provision. However, H.R. 15069 would
require the Secretary to establish standards which ensure that stands of
trees would not be harvested until they generally have reached the
culmination of mean annual increment of growth (i.e., the point at which
the annual addition to the stand tapers off significantly).
H.R. 15069 contains a number of other important provisions not found
in S. 3091. For example --
1. H.R. 15069 adds to the RPA a comprehensive and badly needed
provision which authorizes annual appropriations of $200 million for
reforestation and directs the Secretary to eliminate within eight years
the huge backlog of National Forest lands requiring such treatment.
2. H.R. 15069 requires the Secretary to perform a cost-benefit
analysis of the multiple uses of the National Forests and to report the
findings annually to the Congress.
3. H.R. 15069 also requires the Secretary to report to Congress on
progress in research, on the impact upon domestic timber supplies and
prices of import and export of raw logs, and on the use of herbicides
and pesticides in the National Forests. ++EP++ % %
% %
4. H.R. 15069 would mandate closer Congressional oversight of Forest
Service renewable resource programs by terminating all existing
authorizations for such programs at the end of fiscal year 1980.
5. H.R. 15069 would amend section 5 of the RPA to require by
September 30, 1985 inclusion in land management plans for units of all
155 National Forests of specific, environmentally sound, silvicultural
standards (including the Church Subcommittee guidelines) added to that
section by the bill. S. 3091 would also amend section 5 of the RPA;
but the Senate amendment would merely grant the Secretary two years to
promulgate regulations which in turn would detail how land management
plans would be developed and what they should contain. While the Senate
bill would require that the Secretary's regulations contain numerous
specific guidelines which are essentially similar to the silvicultural
standards mandated by H.R.15069, the Senate bill establishes no deadline
by which land management plans must be brought into compliance with
those guidelines.
There are a number of provisions in S. 3091 which have no
counterparts in H.R. 15069. Included among these are the following,
1. Paragraph (d) (4) which the Senate bill would add to section 5 of
the RPA would empower the Secretary to direct when and for what plans an
environmental impact statement would be prepared under the National
Environmental Policy Act.
2. Subsubparagraph (d) (6) (11) (iii), which the Senate bill would
add to RPA section 5, contains a guideline which would preclude timber
management as a goal on so-called marginal lands, i.e., lands where the
estimated cost of production will exceed estimated economic return.
3. Subsubparagraph (d) (6) (J) (iv), added to RPA section 5 by the
Senate bill, would permit clearecutting only where the Secretary had
established, by geographic area, forest type, or other suitable
classification, maximum size limits for areas to be clearcut in one
harvest operation.
The Subcommittee on Forests held three full days of public hearings
on March 22, 23, and 24, 1976, on the issue of timber resource
management. Testimony was directed essentially to two bills before the
Subcommittee: H.R. 11891, the Brown Randolph bill, a generally more
prescriptive piece of legislation on such issues as clearcutting,
evenaged management, the cutting of immature trees, and forest-type
conversion, and H.R. 12503, the Johnson Humphrey bill, which would
direct the Forest Service to draw up regulations to strengthen the
resource management of the forests in an ecologically-sound fashion.
(At that time, H.R. 15069 had not yet been introduced.) Testimony was
also directed to H.R. 10361 of Mr. Taylor providing interim relief, to
H.R. 12130 of Mr. Duncan which, in essence, would simply revise the
Organic Act of 1897, and to the general situation of and practices in
the National Forest.
Testimony was received from seven Members of Congress, including
Senator Jennings Randolph and Representatives Les AuCoin, Don H.
Clausen, Robert B. Duncan, Harold T. Johnson, Roy A. Taylor, and Don
Young. In addition, the Forest Service of the USDA and over 60 ++EP++
groups and individuals, including trade associations, timber, lumber,
and furniture companies, professional forestry organizations,
environment groups, state officials, and members of the academic
community, testified before the Subcommittee. % %
% %
Statements were also received from the Governors of Idaho and Oregon
and from many interested persons.
Three Members of Congress, Representatives AuCoin, Clausen, and
Johnson, had introduced or co-sponsored H.R. 12503 or similar bills.
Their testimony emphasized the need for a change in the Organic Act of
1897 in the wake of the Monongahela decision in order to permit needed
levels of timber harvesting. They considered the approach in the
Brown-Randolph bill as too prescriptive, and Mr. AuCoin and Mr. Duncan
expressed concern that the bill could have a serious adverse effect on
timber harvesting, particularly given its provisions on clearcutting.
In contrast, Senator Randolph, who had introduced the Senate
companion bill to H.R. 11894, rejected charges that his proposal
unnecessarily shackled professional foresters. Senator Randolph claimed
that massive clearcutting was having a destructive effect
environmentally and that the practice had to be limited.
Representatives Taylor and Young argued for their interim measures,
claiming that the timber industry's need for immediate relief from
recent court decisions would not be met by general reform legislation
which inevitably would take one and one half years to FORMULATE AND
IMPLEMENT. REPRESENTATIVE DUNCAN APPEARED ON BEHALF OF his bill which
he presented as a basic solution to the problem created by the
Monongahela decision.
Chief John McGuire of the Forest Service, USDA, "strongly
recommended" enactment of H.R. 12503. He was of the view this was an
appropriate, non-prescriptive piece of legislation that would resolve
the problems created by the Monongahela decision and that would at the
same time strengthen and refine the basic planning process of the Forest
Service. The Chief argued against any interim measure, stating that the
planning process for the forests would suffer from a delay in
congressional direction. In response to questions, the Chief agreed
that better methods of supervision of timber sales contracts had to be
developed, and discussed public involvement in the Forest Service
planning procedure. The Chief discussed clearcutting and suggested that
while the Forest Service was trying to limit the size of clearcuts,
clearcuts are often found in nature and do not have the negative effects
on soil nutrients that some have claimed. The Chief argued for the
continued multiple-use system as opposed to dominant-use planning and
expressed his belief that private lands could not make up for the loss
of timber from the National Forests that would result from H.R. 11894.
The Chief also supported a statutory designation of the National
Forests, and congressional direction on the length of timber contracts
(between 7 and 10 years).
The wood products and housing trade associations, the timber, lumber
and wood processing companies, the private forest managers, and the
forestry associations all called for legislative relief from the
Monongahela decision, claiming that if that decision were to be applied
to the rest of the country, there would be increased unemployment and
severe timber shortages. Only one of the environmentally oriented
++EP++ witnesses called for a continuation of the Organic Act of 1897 as
interpreted by the 4th Circuit while the others recognized the need for
some change. % %
% %
As a result, the debate between the industry and the
environmentalists focused on what appropriate legislation could be used
to revise the Organic Act of 1897.
Some of the industry witnesses, particularly those from the Western
states, called for legislation that would allow more harvesting than
present Forest Service practice or H.R. 12503 would permit. In
addition, some of the professional foresters called for dominant use
management as a replacement of present multiple use principles. Most
industry witnesses as well as the forestry associations and several
state officials however testified in favor of H.R. 12503. They
complained that H.R. 11894 would reduce the timber supply from National
Forests by 40-60 percent, that private lands would not compensate for
lost National Forest timber production and that thus wood product prices
would climb.
The opponents of H.R. 12503, who were generally proponents of H.R.
11894 and who were composed of environmental and wilderness groups and
various professors of forestry and wildlife management, argued that at
times in the past the Forest Service had been too receptive to the
industry viewpoint, and that Congressional prescription on timber
management practices was imperative. There was a general denial that
H.R. 11894 would cut timber production and increase prices in an
aggregate sense. Several groups with an interest in Alaska claimed that
through its contract length limitation clause, its stream buffer
provisions, and its limits on clearcutting, H.R. 11894 would have a
beneficial effect for Alaska, including the preservation of wilderness
areas and of the salmon runs.
Much of the debate centered on the clearcutting limitations of H.R.
11894. Questions were raised as to the nutrient loss due to
clearcutting and as to the actual reduction in timber harvesting that
would result from the provisions of H.R. 11894. In addition, there was
debate as to the impact clearcuts had on wildlife.
Other provisions of H.R. 11894 that were at the center of discussion
included provisions for buffer zones along streams, which faced
particular opposition from Alaska lumber interests, the reforestation
provisions, the even aged management section, the ban on the conversion
of eastern forests, the limitation on the length of contracts, the total
ban on the use of DDT, which was opposed by the Forest Service, and the
revision of the timber sales accounting methods.
In addition to testimony on the specific bills before the
Subcommittee, there were a variety of comments directed to other aspects
of the National Forests. Some state officials urged that Clark-McNary
funds for forest fire protection should be restored and that monies
should be allocated to combat the mountain pine beetle. The Forestry
Incentives Program was also a topic of consideration, with some private
land owners and other trade organizations urging that more funding be
provided for the program.
The Subcommittee on Forests conducted nine days of markup sessions,
held on June 23, 29 and 30, July 26, 27, 28, and 29, and August 2 ++EP++
and 3. % %
% %
At the outset, a comparative committee print of seven bills (H.R.
12503, 13238, 13832, 11894, 13236, 12130, and 10364) representing
differing basic approaches was prepared to serve as a basis for markup.
The bills included H.R. 11894 introduced by Mr. Brown (a companion to S.
2926 introduced in the Senate by Senator Randolph), H.R. 13832 by Mr.
Weaver (similar to S. 3091 as it was reported by the Senate Committee on
Agriculture and Forestry); H.R. 12503 and H.R. 13258 introduced by Mr.
Johnson of California and Mr. Baucus, respectively; and H.R. 13236,
co-sponsored by Mr. Litton and Mr. Symms. All these bills provided
differing standards for management of National Forests -- some were more
prescriptive in nature than others. In addition, there was included
H.R. 12130 of Mr. Duncan (which essentially repealed the provisions of
the Organic Act that gave rise to the Monogahela decision) and H.R.
10364 of Mr. Taylor (which provided relief until September 30, 1977,
from the Monogahela decision). H.R. 14667 sponsored by Mr. Jones of
Tennessee and H.R. 14542 sponsored by Mr. Young of Alaska were later
added to these bills (the latter was limited to providing relief to
Alaska from the Zieske decision).
The Subcommittee discussed these bills in detail and agreed on a
series of provisions which were incorporated into a clean bill. Many of
these were contained in one or more of the bills in the comparative
print; others originated from the Subcommittee debate.
As an initial decision, the Subcommittee decided not to include a
preamble for findings section, rejecting a motion to adopt section 2 of
H.R. 13832 (findings section). It also decided not to include a
definitions section until after a final clean bill had been developed.
The attention of the Subcommittee was then directed to suggested
amendments to section 2 of the Forest and Rangeland Renewable Resources
Planning Act (hereinafter RPA) of 1974, a section dealing with renewable
resource assessments by the Secretary of Agriculture. Language from
H.R. 13832 requiring a report of the Secretary and periodically
thereafter on the additional fiber potential of the National Forests was
adopted. The Subcommittee members saw as a major purpose of the new
language an expression of congressional sentiment that the Forest
Service should thoroughly investigate the harvesting potential of dead
and dying trees.
Towards the end of its markup sessions, the Subcommittee returned to
section 2 of the RPA and, reflecting its concern about the future
productivity of the National Forest System, added to that section by a
unanimous vote a major reforestation program provision. Included in the
addition is a $200 million annual authorization for reforestation and
timber stand improvement. The authorization was not considered a
ceiling on the amount that could be appropriated since there was other
existing authorization available for this purpose. The Chief of the
Forest Service indicated that within one or two years of initiation of
the program, the $200 million could be fully utilized. This provision
has as its primary objectives the elimination in an eight-year period of
the backlog of lands in need of reforestation and other treatment and
the treatment of such lands on a current basis thereafter.
In its consideration of section 3 of the RPA, the Subcommittee
included additional requirements for the Forest Service renewable
resource program submitted to Congress, namely, that it should include
++EP++ detailed study of personnel requirements to "implement and
monitor" rather than merely "satisfy" existing and on-going programs. %
%
% %
This revision was made in order to reflect concerns about the
inadequacy of current personnel levels to properly monitor on-going
timber sales and to emphasize congressional intent that the Forest
Service should report fully under th provisions of section 3 of the RPA
on personnel needs for a complete implementation and monitoring of all
programs.
Much of the markup sessions was devoted to consideration of
amendments to section 5 of the RPA, which provides for the development
of land and resource management plans for units of the National Forest
System. At the outset, provisions were included for public
participation in the development of the plans. The Subcommittee, after
extended discussion, also moved to facilitate public involvement in the
planning process by requiring that all the plans for one unit be
integrated together and included in one document; this language was
included in spite of concerns expressed by the Forest Service about the
practicality of such a provision.
In amending the provisions of section 5 of the RPA, the Subcommittee
discussed the form that the guidelines contained in the bill should
take. Two alternatives were presented. The first was represented by
section 5 of H.R. 13832, which provided relatively detailed
congressional guidance for the development of regulations to be
formulated by the Secretary over a two-year period and which in turn
would govern the development of the plans. The land management plans
were to control the resource plans, permits, and contracts issued by the
Forest Service on particular units of the National Forests. H.R.13226
presented the other alternative. It provided direct guidance to the
Secretary on the drawing-up of the plans -- such requirements to apply
immediately on enactment of the bill for the planning process of the
Forest Service. The Subcommittee adopted the approach of H.R. 13236,
which would become section 5(f) of the RPA, because of its belief that
it would have immediate effect on the planning process; whereas, the
other approach would be subject to much administrative delay and did not
place a time limitation by which the planning process had to be
completed and the guidelines in place.
After its acceptance of language from H.R.13236 to amend section 5 of
the RPA, the Subcommittee also included language from H.R. 11894
(section 15(b)) that directed that the plans be prepared by
multidisciplinary teams. However, it refused to require that the
multidisciplinary teams view all resource inventories with equivalent
dignity and detail because of issues raised as to vagueness of the
language.
In amending section 5 of the RPA, the Subcommittee spent several days
considering timber harvesting guidelines set forth in a Report entitled
"Clearcutting on Federal Timberlands" by the Subcommittee on Public
Lands of the Senate Committee on Interior and Insular Affairs, dated
March, 1972. The guidelines are familiarly known as the "Church
Subcommittee" guidelines. These guidelines evolved from five days of
hearings held by the Senate Subcommittee in 1971 on clearcutting at
which time over 90 witnesses were heard. The guidelines were intended
to eliminate environmental problem areas while at the same time meeting
important national needs for timber. The Subcommittee considered
similar versions of the Church Subcommittee guidelines contained in H.R.
13236 and H.R. 13832 and agreed to ++EP++ include language largely based
on H.R. 13236. % %
% %
The language was modified to reflect the Subcommittee's intent that
intensified harvesting would be cut back "at the end of each planning
period" if the level of cutting were based on management practices such
as reforestation which were not being implemented within the planning
period or funds had not been received substantially as planned for such
practices.
One of the amendments adopted imposed the requirement that in
applying silvicultural systems "adequate" consideration must be given to
soil, watershed, recreation, esthetic interests, and the regeneration of
timber resources.
There was a suggestion that a silvicultural system not be permitted
if dollar returns were the "only" criteria for its selection, but the
Subcommittee agreed to retain language that it must not be selected
"primarily" for that reason. Proposed language mandating clearcuts as
"small as feasible" was also revised because it was believed that such
language could be used to reduce clearcutting to totally uneconomical
proportions; instead, the Subcommittee intended that clearcutting be
kept to a minimum practical size in forest harvesting.
In its final session, the Subcommittee returned to section 5 of the
RPA and considered several additional provisions. Language was adopted
directing the Secretary, insofar as practicable, to preserve the
diversity of tree species similar to that existing at the time of
harvest in the region controlled by the unit plan. This provision was
intended to prevent monoculture in units of the National Forest System.
The Chief of the Forest Service indicated support stating that it
allowed enough flexibility to permit such programs as the "pioneer
species" practice. However, a related proposal to prescribe primarily
uneven-aged management in Eastern forests was rejected by the
Subcommittee after hearing opposition from the Forest Service that this
would be the first time Congress would be taking steps to prescribe a
particular silvicultural practice and that this would result in drastic
changes in present forestry methods in Eastern United States.
The Subcommittee added language that would become section 5(j) of the
RPA requiring the Secretary to establish standards with reference to the
maturity of trees. The definition of maturity used in the section is in
essence the one currently used by most foresters and the Forest Service;
namely, that the Secretary establish standards to insure that prior to
harvest stands of trees throughout the National Forest System shall
generally have reached "the culmination of mean annual increment of
growth". It was explained that this was a term used by foresters to
describe when the stand of trees, not the individual trees, reaches a
point of growth when the annual additions began to taper off. The
Forest Service stated that it now uses this term to determine the
rotation or harvest age of a stand of trees. This provides a different
test than the provision in the 1897 Organic Act which requires that
timber sales be made only of mature trees and was not designed to
preclude clearcutting which comported with other requirements of the
Act. Exceptions were provided for practices such as thinning, stand
improvement and harvesting of trees in imminent danger from insect or
disease. Also, the word "generally" was included in the section to
allow the cutting of non-mature timber for, inter alia, experimental and
research purposes. ++EP++ % %
% %
Several amendments were adopted by the Subcommittee dealing with the
administrative procedural side of the planning process. Language was
adopted calling for periodic review and revisions of the plans of all
units of the National Forest System whenever conditions have
significantly changed but at least every fifteen years. (Sec. 5(f) (7)
of the RPA.)
A provision limiting timber sales contracts to a period of ten years
was included. (Sec. 7(h) of the RPA.) The Forest Service indicated that
in most instances it would award contracts covering a maximum period of
six to seven years. An exception to the ten-year limit was made when,
at the Secretary's discretion, an adjustment had to be made because of
circumstances beyond the contractor's control or when the Secretary made
a finding that better utilization of the various forest resources will
result from a longer term contract. Among those circumstances included
strikes and acts of agents of the United States. It was generally
agreed that economic conditions, such as a drop in lumber prices, would
not qualify as such a circumstance. In any event, the Subcommittee
intended that the contractor must have made every reasonable effort to
finish his contract within the ten-year time frame.
To discourage speculation, the Subcommittee added a requirement that
a plan of operation was to be filed upon award of a contract whose term
was two years or more. However, so as to avoid burdening the small
operators with heavy paperwork requirements, the Subcommittee was of the
view that a brief description, often in letter form, of how and when the
timber would be harvested would suffice. The plan of operation was
required to be included as part of the contract but subject, at the
Secretary's discretion, to amendment in order to meet changing
circumstances.
The Subcommittee agreed to a requirement that all contracts had to be
in conformity with the plans; and that as soon as practicable present
contracts must be revised in order to bring them in conformity with RPA
plans. Any revision would be subject to valid existing rights.
In considering transportation systems, the Subcommittee added
language to section 9 of the RPA requiring that roads built in
connection with timber contracts be such that a vegetative cover could
be re-established in ten years unless the roads were designed to be
permanent. Because of jurisdictional questions raised by the Committee
on Public Works, the Subcommittee did not consider language that would
have amended the National Forests Roads and Trails Act to delete the
"prudent operator" provision or amend road building standards.
Section 10 of the RPA was changed to make statutory the boundaries of
the National Forest System, in part at the request of the Forest Service
over opposition of a Member that this could be an obstacle to the hopes
of certain Western States to eventually manage greater portions of
Federal land in those States.
Three new sections were added to the RPA, one abolishing the National
Forest Reservation Commission, which, according to several Members, was
a moribund body, another adding a severability provision and a final
section authorizing the Secretary to issue regulations deemed necessary.
The Subcommittee then agreed on amendments to the Organic Act of 1897
which deleted the restrictions on sales that gave rise to the
Monongahela decision. ++EP++ % %
% %
Added to the amendments to the Organic Act of 1897 was language
validating all present timber sales contracts and contracts entered into
prior to the enactment of the bill unless they were in violation of
Forest Service silvicultural practices and sales procedures in effect at
the time of the sale. Proposals to validate any contracts whose
provisions might be found in violation of the Organic Act of 1897, the
twelfth unnumbered paragraph of that Act, or the Multiple-Use
Sustained-Yield Act of 1960 were all rejected as too inclusive.
At the end of its consideration, the Subcommittee moved to report to
the full Committee the Subcommittee print as an amendment in the nature
of a substitute for the text of H.R. 13236 with a recommendation that it
pass. Action was taken in the presence of a quorum by a vote of 9 to 1.
A clean bill (H.R. 15069) was then introduced by the Acting Chairman of
the Subcommittee containing the provisions agreed to by the Subcommittee
and this became the subject of Committee action.
The Committee considered H.R. 15069 in markup sessions on August 26,
31, and September 1, at which time it added several provisions to the
bill reported by the Subcommittee.
The first issue discussed related to the requirement in section 5(j)
as added to the RPA that the Secretary shall establish standards to
insure that stands of trees generally have reached the culmination of
mean annual increment prior to harvest. Mr. Bowen offered an amendment
to require that the determinations be made by cubic measurement rather
than by board feet. Cubic measurement includes the entire content of
the tree as used for lumber, pulp, slabs and for the other many purposes
for which it is sold; while board foot measurement includes only what
is useful as saw timber and would extend the time period prior to
harvest. The Committee was advised that the Forest Service now uses
cubic measure. After discussion, the Committee agreed to the amendment
with an amendment that would give the Forest Service flexibility as to
which method of measurement should be used. It also agreed to give the
Forest Service flexibility to use either net growth tables or gross
growth tables in these calculations, whichever is in the best interest
of the sound management of the forest. This was accomplished by
deleting a specific reference to new growth from the bill.
A number of amendments offered by Mr. Weaver were considered and
adopted. One would require as an amendment to section 3 of the RPA that
every five years with the Program transmitted to the President, the
Forest Service provide an evaluation of the export of raw logs on
domestic timber supplies. The proposal was amended to provide that the
study include imports as well, and the effect of exports and imports on
timber prices. Another proposal adopted would as an amendment to
section 7(a) of the RPA establish a "sunset" provision terminating as of
September 30, 1980, currently existing authorizations of appropriations
to carry out Forest Service renewable resource programs (but not the
authorization for reforestation contained in section 3 of H.R. 15069).
The proposal was agreed to by the Committee to provide firmer
congressional control and oversight over the policies of the Forest
Service. ++EP++ % %
% %
A third proposal offered by Mr. Weaver was similar to an amendment
added by Senator Bumpers to S. 3091, the bill that recently passed the
Senate. This would provide that in determining the amounts payable to
the States for public schools and roads from timber receipts, there be
taken into account the amounts allowed timber purchasers as credits for
road construction. It was pointed out in debate that if the forests
were in private ownership, the property taxes in the county would be
substantially higher. Further, the county roads must be built to serve
loggers and others who make use of the National Forests. The credits
for road construction currently allowed timber purchasers on timber
contracts are not now included as moneys received from the National
Forests against which the percentage is applied for calculation of
payments to the States. Purchaser credits have increased from $65
million in 1966 to $210 million in 1976 thereby drastically reducing the
base used to calculate the payment to the States. Also included in this
amendment was a requirement that the deposits made by timber purchasers
for reforestation under the Knutson-Vandenberg Act likewise be included
in the base for calculation of payments to the States.
The Committee accepted an amendment by Mr. Brown to section 2 of the
RPA that would require the Secretary to submit an annual report to
Congress on the amounts, types and uses of herbicides and pesticides in
the National Forests including the beneficial and adverse effects of
such use. Another amendment by Mr. Brown agreed to by the Committee
(section 5(1) of the RPA) requires the Secretary to develop a method for
estimating long-term costs and benefits to support the program
evaluation requirements of the RPA so as to provide information as to
the cost-benefits on all multiple uses of the National Forests including
particularly reforestation, timber stand improvement and on timber
sales, This information would be required to be included in the annual
report required by section 7(c) of the RPA along with identification of
timber sales made below estimated expenditures. It was explained that
the amendment did not stipulate any particular kind of cost accounting
system. The Secretary was directed to meet this requirement as soon as
practicable. This provision was designed to cure the lack of adequate
information with regard to cost-benefits of Forest Service management
processes. It would take account of the entire scope of the uses under
the Multiple-Use Sustained Yield Act, such as watershed, recreation,
wildlife, and grazing.
Mr. Krebs also offered several amendments which were agreed to by the
Committee. One of the amendments set up a system for financing work
that is to be done in connection with salvage sales (section 5(j) (3) of
the RPA). It would require purchasers of timber under salvage sales to
deposit in advance part of the money to be paid under the contract so as
to finance the extra work and expenses needed to be done by the Forest
Service in connection with the sale. It would set up a revolving fund
with the deposits rather than require the Forest Service to turn the
money over to the Treasury and then wait for the appropriations and,
through the delay, cause further deterioration of damaged and diseased
trees. A proviso was added exempting the deposits from being used as
part of the base for calculating payments to the States. ++EP++ % %
% %
Mr. Krebs proposed an amendment to the Organic Act of 1897 which
required the Secretary to take action to avoid collusive practices in
bidding for timber from the National Forest including establishing
monitoring systems, requiring sealed bidding to be predominately used
for advertised sales of one million board feet or less and requiring
that a report of instances of collusive practices be submitted to the
Department of Justice with supporting data. The amendment with slight
modifications was agreed to by the Committee. While the Committee
acknowledged that the Secretary has discretion to reject bids for any
reason, it is the Committee's intent that where collusive actions have
affected the bid then the Secretary must reject the bid.
Mr. Harkin proposed an amendment to provide for a border of trees as
buffer strips on flowing waterways and bodies of water. The proposal
was accepted after being amended to provide in section 5(f) (5) of the
RPA that silvicultural systems shall be carried out in a manner
consistent with adequate protection of continuously flowing waterways
and bodies of water. It is the Committee's intent that where
appropriate for sound erosion control and watershed protection that a
border of trees be left along the streambeds, it being left to the
discretion of the Secretary to determine when such action is appropriate
and what should be the size of the border of trees.
Amendments were considered by the Committee relating to utilization
of wood fibers left over after timber harvesting activities. It was
pointed out that approximately 15 percent of tree materials are left on
the site in the form of stumps, branches and wood debris that could be
salvaged for wallboard, pulp, paper, and furniture. The Committee
agreed to an amendment by Mr. Nolan (section 5(h) of the RPA) to require
the Secretary to submit with the 1979 Assessment a report of wood fiber
product fabrication facilities, the public and private forests from
which they draw, the degree of utilization of harvested trees by such
facilities, and suggested improvements in technology to reduce waste of
wood fibers. It rejected, however, an amendment to provide loans to
mills for equipment to process wood fibers in the amount of $100 million
annually.
In other action, the Committee agreed to an amendment proposed by Mr.
Breckinridge to provide that with regard to the research component of
the program, the annual report of the Forest Service required by section
7(c) of the RPA would include the status of major research programs and
how the findings will be applied to National Forest System management.
It was stated that funds already authorized were sufficient to cover the
expenses involved in this work. The amendment was offered as a
substitute to a proposal by Mr. Brown which required a five-year
research program into timber harvesting methods for the Eastern mixed
hardwood forests with the view of providing for the maintenance of a
general canopy for regenerating hardwood species with an authorization
of $20 million. The Forest Service explained that its research budget
currently approximates $80 million a year with $17-$20 million devoted
to trees and silviculture. It opposed Mr. Brown's amendment since it
mandated a research outcome that may be impossible to achieve.
An amendment was offered by Mr. Krebs to clarify that nothing in the
Act shall be construed as cause for not proposing to the Congress ++EP++
the inclusion of Forest System lands in the Wilderness Preservation
System of the exclusion of such lands from the Wilderness System. % %
% % The Committee decided that there was no need to include this
provision in the bill since it was apparent that H.R. 15069 had no
effect whatever on the National Wilderness Preservation System.
Several additional amendments were considered and rejected by the
full Committee. Mr. Krebs offered and the Committee debated at length
the so called "marginal lands" amendment, which is contained in S. 3091,
the Senate passed version of the National Timber Management Reform Act
of 1976. This amendment had also been defeated during Subcommittee
markup. The amendment proposed to direct the Secretary of Agriculture.
to identify the relative productivity of land for timber
production and assure that timber production is not a management
goal on lands where the estimated cost of production will exceed
estimated economic return. Provided, That the estimated cost of
production will include only direct timber production costs and
not access, protection, revegetation, and administrative costs for
multiple use purposes.
The sponsor of the amendment indicated that the amendment simply
establishes a type of cost benefit test for timber production investment
that requires the Forest Service to weigh the cost of timber production
against the gains that would be realized at the time of harvest. If it
appears that the cost will exceed the economic benefits, then the
investments may not be made.
Members speaking against the amendment indicated their concern over
the ambiguity of the language as drafted, that the amendment as drafted
would foster litigation, that it would have damaging consequences on
forest management as well as providing excessive discretion to the
Secretary in making a determination relative to what lands are marginal
and on what basis the determination has been made. It was pointed out,
for example, that there are lands within the National Forest System that
would be classified as marginal on the basis of saw timber production;
however, they also produce pulp timber on an economic basis and such a
rotation was beneficial to wildlife, particularly in providing forage
for deer. It was also stated that many people use forests for
recreation and other uses, that this provision would create problems in
determining how to allocate cost and benefits as between all the various
uses under the Multiple-Use Sustained Yield Act, and that if this were
to apply only as to timber it would be discriminatory.
The amendment was defeated by voice vote of the Committee.
The Committee also considered and rejected two amendments to the
section of H.R. 15069 setting forth policy regarding reforestation of
lands within the National Forest System. The bill provides that these
lands be maintained in "appropriate forest cover". Mr. Brown proposed
to strike this phrase and insert language to require reforestation with
the species of trees distributed in the area.
Mr. Brown indicated that his purpose was to maintain the integrity of
the forest and to introduce the concept that the forest as it currently
exists with trees as they are currently distributed shall be the ++EP++
standard which shall be sought to be maintained. % %
% %
He further indicated that he was seriously concerned with the
possibility of conversion of forest types.
Members who opposed this amendment expressed concern over possible
consequences on sound forest management. For instance, there was
widespread concern expressed that the amendment would interfere with the
introduction of species that might prove beneficial to the area or that
it might severely reduce the flexibility of the Forest Service to deal
with situations where a stand was destroyed by fire, for example, where
it would be beneficial to increase stand diversity to replace a
mono-culture which existed at the time of the fire. This amendment was
defeated by voice vote following lengthy discussion.
The Committee also rejected another amendment to this section
proposed by Mr. Brown which would have prohibited the Secretary from
reforesting lands on which he has determined "that the estimated cost of
production exceeds the estimated economic return."
Members opposed the amendment because they felt that its provisions
were ambiguous, that the language did not take into consideration the
multiple uses of the forest and that they were concerned with the
difficulty of measuring the costs and economic benefits to the Federal
Government resulting from these other uses, such as watershed
protection. Following extensive discussion, the Committee rejected this
amendment by voice vote.
A major amendment was proposed by Mr. Weaver which sought to "limit
the sale of timber from each national forest to a quantity equal to or
less than a quantity which can be removed from such forest annually in
perpetunity on a sustained-yield basis. However, the Secretary may
exceed the quantity sales limitation from time to time in the case of
any forest so long as the average sales of timber from such forest over
any 10-year period do not exceed such quantity limitation." The
amendment further proposed that "in those cases where a forest has less
than 200,000 acres of commercial forest land, the Secretary may use two
or more forests for purposes of determining the sustained yield." The
proposed amendment contained an exclusion providing that this language
does not "prohibit the Secretary from salvaging timber stands which are
substantially damaged by or are in imminent danger of fire, windthrow,
or other catastrophe."
Mr. Weaver indicated that his language addressed the question of the
rate of liquidation of old-growth timber stands, which exist primarily
in the Northwest and in the inter-mountain area. He stated that the
language generally reflected present Forest Service policy and was
necessary to prevent a boom and bust cycle and contributes to community
stability by establishing a timber reserve of old-growth stands.
In opposition to the proposal it was pointed out that existing law
provides the Forest Service the discretion to follow this policy, which
they are doing, but that this policy should not be frozen into law until
more information was obtained regarding its effect on various areas of
the country. This argument was advanced particularly by Members from
the inter-mountain area (Montana, Idaho, Colorado), who expressed
concern over the actual effect of such a policy on these areas. They
stated that it would not work in the inter-mountain area where ++EP++
there are over mature stands subject to disease and where the oldgrowth
timber must be harvested for good timber management. % %
% %
They further argued that the amendment as proposed was more
restrictive than the sustained yield principle contained in the
Multiple-Use Sustained Yield Act, setting both an area base and a
shortened time period for calculating compliance, and that it would
reduce timber sales in the West.
In discussion Chief McGuire stated to the Committee that even-flow
non declining yield is Forest Service present policy. "However, we do
have, as I understand it, some discretion to alter that policy from time
to time as long as we do not depart generally from the sustained-yield
concept."
Chief McGuire also indicated in a direct reply to the sponsor of the
amendment that the situation in the inter-mountain areas was in fact
different from that in the far West. Chief McGuire stated that in the
inter-mountain area: (1) certain areas have soils which are relatively
unstable which require different technology; (2) much of the area is
roadless and because of this, the Forest Service is encountering
difficulty in bringing the forest under management; and (3) a great
area of forest is damaged by insects. The Chief indicated there are
approximately 26 billion board feet of timber in the National Forests
that are insect killed or damaged, with a good portion of that timber in
the Rocky Mountains.
Following lengthy debate, this proposed amendment was defeated by a
roll call vote of 9 ayes and 26 nays.
The Committee considered and rejected an amendment which provided
that any extension of a timber sale contract by the Secretary shall be
granted only during the final six months of the contract period and that
when the Secretary extends a contract, the price for the trees remaining
to be harvested shall be raised to any higher prevailing price but never
lowered below the price in the expiring contract.
Another amendment offered by Mr. Brown but rejected by the Committee
would have directed the Secretary to establish a maximum size limit for
clearcuts according to geographic areas, forest types, forest health,
wildlife resources, multiple use, or other suitable classifications.
The proposed amendment would have further directed the Secretary to
submit a report every two years, commencing in 1980, listing those sales
made during that two year period in which the clearcut area exceeds or
will exceed the established maximum. The sponsor of the amendment
indicated that it was designed for informational purposes and that it
was his intention that the Secretary may exceed the established area
imitations should he choose to do so.
Members who opposed the amendment argued that it reduced the
flexibility of the Forest Service and interfered with provisions already
in the bill requiring the Secretary to keep the clearcut area at a
minimum necessary to fulfill multiple use objectives. Further, it was
pointed out that the bill already provide for public input and public
scrutiny of the land management plans developed by the Forest Service.
At the conclusion of its deliberations, the Committee agreed by a
recorded vote of 37 ayes to 1 nay, in the presence of a quorum, to a
motion by Mr. Melcher of Montana that H.R. 15069, as amended, be
reported to the House with a recommendation that it do pass. ++EP++
HRP HOUSE REPORT
760908 (PART 6 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069, S 3091
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
ADMINISTRATION POSITION WITH 1 LETTER EMBEDDED, CURRENT AND FIVE
SUBSEQUENT FISCAL YEAR COST ESTIMATES, INFLATIONARY IMPACT STATEMENT,
BUDGET ACT COMPLIANCE WITH 1 LETTER EMBEDDED, CONGRESSIONAL BUDGET
OFFICE WITH ONE LETTER EMBEDDED, OVERSIGHT STATEMENT (PAGES 39 TO 48)
% %
% %
The following letter was received by the Committee from the U.S.
Department of Agriculture expressing the position of the Administration
on H.R. 15069,
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture,
House of Representatives.
DEAR MR. CHAIRMAN: As you requested, here is our report on H.R.
15069, a bill "To amend the Forest and Rangeland Renewable Resources
Planning Act of 1974, and for other purposes," as amended and reported
by the Committee on Agriculture.
The Department of Agriculture appreciates the high priority attention
the Subcommittee on Forests and the Committee on Agriculture have given
to the forest management legislation. We are pleased that the Committee
in its development of the legislation has taken into consideration the
views of the Department as expressed in our testimony and previous
correspondence. H.R. 15069 as reported includes the provisions we view
as essential and has not included certain of the provisions in other
bills to which we objected. The Department of Agriculture recommends
that H.R. 15069 be enacted. We, however, recommend that sections 3 and 6
be modified and that section 13 be deleted.
H.R. 15069 would amend sections 3,5,9, and 10 of the Forest and
Rangeland Renewable Resources Planning Act to provide additional
direction on the Renewable Resource Program, on planning, on the
transportation system, and on the status of the National Forest System.
The direction on planning is a major part of the bill and provides
detailed direction and guidelines for land management planning. It would
also amend sections 2,5, and 7, providing for a report on fiber
potential; an increased program of reforestation; a report on use of
herbicides and pesticides; an expanded program of timber salvage;
areport on wood processing facilities; an improved cost accounting
process; a requirement to seek new appropiration authorizations after
1980; and an expanded report of research results. H.R. 15069 would also
add new sections 12, 13, and 14 to the Forest and Rangeland Renewable
Resources Planning Act providing for abolishing the National Forest
Reservation Commission, for promulgation of regulations, and for placing
a severability provision in the Act. H.R. 15069 would also amend Organic
Act of June 4, 1897, to provide new timber sale authority. Finally, the
Acts of May 23, 1908 and March 1, 1911 as amended would be further
amended to include collections under the Act of June 9, 1930, and timber
purchaser road credits as receipts for purposes of determining payments
to States.
Section 3 is a new provision pertaining primarily to reforestation.
The Forest and Rangeland Renewable Resources Planning Act of 1974 and
the Act of September 18, 1972, already provide direction regarding
reforestation needs and targets for the elimination of backlogs of
needed work. Based on this existing statutory direction, we believe that
section 3 is unnecessary, and we prefer that it be deleted. ++EP++ % %
% %
We however, are aware that the Committee felt strongly that
additional direction should be provided on reforestation. We believe
that if section 3 is modified it can be made compatible with existing
statutory direction. The section should be limited to deal with
commercial forest land; it should be narrowed to deal only with
reforestation and related stocking levels; it should be an amendment to
section 8 of the Forest and Rangeland Renewable Resources Planning Act
rather than section 2 and be made to supplement the direction contained
in section 8; and the reporting requirements should be included as part
of the reporting required in subsection 7(c) of the Forest and Rangeland
Renewable Resources Planning Act. We also believe that the provision
which would make appropriations under the section not subject to
rescission, should be deleted so that the basic provisions of the
Congressional Budget and Impoundment Control Act of 1974 would apply.
We have attached a proposed redrafted section 3, exclusive of subsection
(e), which we urge be adopted, if the section in retained.
Section 6 on National Forest System planning includes a number of
provisions in addition to those we originally recommended. We would have
preferred that this section contain less detailed direction; however,
we recognize that the section is the result of extensive Committee
deliberation. At this time, we recommend four clarifying or improving
changes to this section. They are enumerated and discussed in the
attached supplemental statement.
We recommend that section 13, Payments to States for Schools and
Roads, be deleted. In our letter to the Committee of June 23, 1976, on
H.R. 13832, we stated that various approaches to "payments in lieu of
taxes" are under study, that there is no apparent equity in the approach
of the proposed provision, and that the provision would have an adverse
effect on the Federal budget. We continue to have these objections.
Finally, we note that H.R. 15069 contains a number of reporting
requirements and a requirement to seek new appropriation authority after
September 30, 1980. These requirements may prove unnecessarily
cumbersome, and it may be advisable to combine them with other existing
requirements or procedures of the Forest and Rangeland Renewable
Resources Planning Act.
We estimate the average annual cost of the legislation would be $184
million. This would be reduced to an annual cost of $22 million if the
bill is amended as we suggest. We also estimate that the new provision
for salvage sales would generate an average of at least $10 million per
year in new Federal receipts. The details of these estimates are
contained in our enclosed supplemental statement. Failure to enact
legislation to amend the 1897 Act would have serious consequences and
could reduce National Forest System receipts by nearly 40 percent, or
$200 million to $300 million per year by 1981.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely,
/s/JOHN A. KNEBEL,
Under Secretary.
% %
% %
Proposed redraft of section 3, exclusive of subsection (e),
SEC. 3. Section 8 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 is redesignated as subsection 8 (a) and amended by
adding at the end thereof a new subsection (b) as follows,
(b)(1) It is the policy of the Congress that all commercial
forest lands in the National Forest System shall be maintained in
appropriate forest cover with species of trees, degree of
stocking, rate of growth, and conditions of stand designed to
secure the maximum benefits of multiple use sustained yield
management in accordance with land management plans. Accordingly,
the Secretary of Agriculture is directed to identify and report to
Congress annually the amount and location by forests and States
and by productivity class where practicable of lands in the
National Forest System where objectives of land management plans
indicate the need to reforest areas that have been cut-over or
otherwise are in need of reforestation and are not adequately
stocked with desirable trees. All national forest lands treated
from year to year shall be examined after the first and third
growing seasons and certified by the Secretary in the report
provided for under this subsection as to adequacy of stocking.
Any lands not certified as satisfactory shall be returned to the
backlog and scheduled for prompt treatment. The level and types of
treatment shall be those which secure the most effective mix of
multiple use benefits.
(2) The Secretary shall annually following the enactment of
this subsection, transmit to the Congress an estimate of the sums
necessary to be appropriated, in addition to the funds available
from other sources, to replant and otherwise treat an acreage
equal to the acreage to be cut over that year plus a sufficient
portion of the backlog of lands found to be in need of treatment
to eliminate the backlog in accordance with this section. The
Secretary shall transmit annually to Congress an estimate of the
sums necessary to replant and otherwise treat all lands being cut
over, or otherwise in need of reforestation so as to prevent the
development of a backlog of needed work larger than the needed
work at the beginning of the fiscal year. The Secretary of
Agriculture's estimate of sums necessary, in addition to the sums
available under other authorities, for accomplishment of the
reforestation and other treatment of National Forest System lands
under this section shall be provided annually as part of the
report prepared pursuant to section 7 (c). The sums estimated as
necessary for reforestation and other treatment shall include
moneys needed to secure seed, grow seedlings, prepare sites, plant
trees, thin, ++EP++ remove deleterious growth and underbrush,
build fence to exclude livestock and adverse wildlife from
regeneration areas and otherwise establish and improve growing
forests to secure planned production of trees and other multiple
use values.
% %
% %
(3) Effective for the fiscal year beginning October 1, 1977,
and each fiscal year thereafter, there is hereby authorized to be
appropriated for the purpose of reforesting and treating lands in
the National Forest System $200,000,000 annually to meet
requirements of this subsection (b). All sums appropriated for the
purpose of this subsection shall be available until expended.
We believe that the direction in section 6 would be improved if the
following amendments were adopted,
1. Subsection (f)(1) revised to read: "(1) form one integrated plan
for each unit of the National Forest System, incorporating in one place
all of the features required by this section."
With this proposed change, it would be clear that the documentation
making up the plan for each unit of the National Forest System is to be
available in one location for review by the public. The deletion of "and
any other applicable provisions of law" would avoid possible confusion
as to the scope of plans and requirements for revision. The National
Forest System would still be subject to all applicable laws.
2. Subsection (1)(5)(vi) revised to read: "(vi) such system is not
selected only because it will give the greatest dollar return or the
greatest unit output of timber."
We have substituted the word "only" for "primarily." We believe this
will more clearly allow for a balanced consideration of all factors in
selecting the appropriate system of management.
3. Subsection (i), regarding diversity, revised by the deletion of
the words "at the time of harvest."
We believe the intent of this subsection is to provide for diversity
in the region controlled by the unit plan. The term "at the time of
harvest" is confusing and not necessary to accomplish the purpose of the
provision.
4. Subsection (1)(2) revised to delete the words "including an
identification of those timber sales which were sold as advertised sales
made below the estimated expenditure for such timber as determined by
the above cost process."
We believe the requirement to identify and report individual sales
would be cumbersome and is not necessary. The objectives of the
subsection can be accomplished by comparing various classifications of
land rather than individual sales. ++EP++ % %
% %
Pursuant to clause 7 of Rule XIII of the Rules of the House of
Representatives, the Committee estimates that certain costs will be
incurred by the Federal Government during the current and five
subsequent fiscal years as a result of enactment of H.R. 15069.
Section 12 of H.R. 15069 effectively repeals the restrictive language
in the Forest Service Organic Act which several federal courts have
recently interpreted to require drastic reduction in the quantities of
timber which may be harvested annually from the National Forest. Prior
to these court decisions, gross annual Forest Service timber sale
receipts were projected to range between $400 million and $600 million.
The Forest Service and the Congressional Budget Office have furnished
estimates of the net cost of H.R. 15069. These estimates are predicated
on the assumption that, absent legislative relief, the federal courts
will shortly require the Forest Service to apply the Monongahela
decision nationwide, but only to prospective timber sales, and that such
application will reduce the annual timber harvest by 1981 to 50 percent
of projected levels. In the view of this Committee, there is no basis
for the assumption that the court decisions will restrict only
prospective sales. The Forest Service has been forced by the Monongahela
decision to reduce the timber harvest in the Fourth Circuit by 90
percent. And a federal district court in Alaska has applied that
decision to halt portions of an on-going 50-year sale. Six additional
federal cases are pending. It is apparent to the Committee that, absent
legislative relief, the Monogahela decision will shortly be applied by
the federal courts to all Forest Service timber sales.
Therefore, the Committee belives that the loss of federal revenues
which will be averted by enactment of H.R. 15069 has been significantly
understated by both CBO and the Forest Service. The Forest Service has
informally advised that, if the Monongahela decision is applied to on
going sales nationwide, the result would be to reduce federal timber
receipts immediately by 75 percent. Over the longer term, the reduction
would average 50 percent. If it is assumed that federal timber sales
would otherwise yield $500 million annually (average between ++EP++ $400
million and $600 million), nationwide application of the Monongahela
decision would immediately reduce annual timber receipts to one fourth
of their present level or $125 million. % %
% %
Thereafter, they would rise to approximately $250 million per year.
The Committee is of the view, therefore, that enactment of section 12 of
H.R. 15069 will result in restoring to the federal treasury otherwise
lost timber revenues of between $250 million and $375 million each year
over the next five years. The sales of salvage timber which will be made
possible by this bill will return additional revenues of approximately
$10 million according to the estimates of both the Forest Service and
CBO. The Committee concurs in these estimates. Therefore under this
analysis enactment of the legislation will produce an annual increase in
federal revenues of between $260 million and $385 million.
Predicated on the assumption that the Monongahela decision will
ultimately be applied nationwide, the Forest Service has estimated the
annual loss of revenue to be averted by enactment of section 12 of H.R.
15069 at between $200 million and $300 million. When combined with the
additional $10 million per year genrated by the salvage sale provision,
the total additional revenue realized would be $210 million to $310
million annually. This is somewhat below the Committee's estimate but
falls in the same general range. In the Committee's view, the CBO
estimate, which ranges from $20 million in 1977 to $180 million in 1981,
falls farshort of the mark.
Therefore, even assuming the accuracy of the Forest Service estimates
of revenue loss averted (which range between those of CBO and the
Committee) but assuming also that the Monongahela decision is shortly
applied to restrict all Forest Service timber sales (as the Committee
fully expects it will be), enactment of H.R. 15069 should produce
additional annual federal revenues of at least $210 million to $310
million.
On the other side of the ledger, the Forest Service has estimated the
average annual cost of the legislation at $184 million. This figure
includes increased reporting and planning costs which CBO believes, and
the Committee agrees, can be accommodated within presently authorized
appropriation levels. Therefore, the Committee believes that the Forest
Service estimate of $184 million would accommodate any possible increase
in the cost of reforestation as estimated by the Forest Service.
The Committee wishes to emphasize that the principal cost factor in
H.R. 15069, section 3 of the bill which deals with reforestation, will
substantially increase in the long run the direct returns to the Federal
Government from lands within the National Forest System. However,
because timber rotations are relatively long, these benefits will not be
realized for a number of years. The Committee also wishes to emphasize
that there are numerous multiple use benefits of this legislation that
will protect the Nation's water supplies and increase the indirect
returns to the American people including protection for wildlife and
fish habitat, enchancement of opportunities for outdoor recreation, and
increased opportunities for sound range management. It is extremely
difficult to quantify these values, but the Committee believes that it
is obvious that these indirect returns, when coupled with increased
timber harvest receipts, far outweigh the costs of the bill. ++EP++ % %
% %
Pursuant to clause 2(1) (4), Rule XI of the Rules of the House of
Representatives, the Committee estimates that enactment of H.R. 15069,
as amended, will have no inflationary impact on the national economy.
On the contrary, the Committee believes that enactment of H.R.
15069, as amended, is vital to reducing inflationary pressures in the
economy by assuring that the lands in the National Forest System
continue to play a significant role in meeting the needs of the American
people for timber, wood fiber, and wood products as well as assuring
that the lands within the National Forest System are managed so as to
provide for sound protection of watershed values, recreation use,
wildlife and fish habitat, and range values.
The Committee is convinced that direct returns to the Government and
to the economy through continued harvest of timber from National Forest
lands will more than offset the costs inherent in the bill. Further, the
institution of sound management practices as required by the legislation
will have beneficial effects on the other uses of National Forest lands.
This is particularly true of section 3 of H.R. 15069 which sets forth a
program by which the backlog of lands within the National Forest System
in need of reforestation will receive treatment within eight years and
thereafter be properly maintained. As a result, lands will be returned
to production, recreation use will be enhanced, watershed and range
values will be increased, and wildlife and fish habitat will be
protected.
The Committee feels that enactment of H.R. 15069 will produce both
direct and indirect returns to the Federal Government and to the
American people which will have a salutary effect on the national
economy.
The estimates and comparisons prepared by the Director of the
Congressional Budget Office under clauses 2(1)(3)(B) and 2(1)(3) (C) of
Rule XI of the Rules of the House of Representatives and sections 308(
a) and 403 of the Congressional Budget Act of 1974 submitted to the
Committee prior to the filing of this report are set forth below.
Hon. THOMAS S. FOLEY,
Chairman, Committee on Agriculture, U.S. House of Representatives,
Longworth House Office Building, Washington, D.C.
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost reestimate for H.R. 15069, the National Forest Management
Act of 1976.
Should the Committee so desire, we would be pleased to provide
further details on the attached cost estimate.
Sincerely,
/s/ALICE M. RIVLIN, Director.
++EP++
% %
% %
1. Bill Number: H.R. 15069
2. Bill Title: National Forest Management Act of 1976
3. Bill Purpose: The proposed legislation amends the Forest and
Rangeland Renewable Resources Planning Act of 1974, and other forest
legislation in order to improve the management of the forest resources
of the National Forest System. The bill requires the Department of
Agriculture to submit reports on the additional fiber potential in the
National Forest System and on reforestation requirements of the National
Forest System. The bill also requires revisions of land and resources
management plans for the National Forests. Limitations on timber sales
contained in the 1897 Act are removed, and the National Forest
Reservation Commission is abolished. Changes are made in the timber
receipts payment formula to states, and a salvage fund is established to
be used for construction of needed roads and Forest Service sale
preparation.
4. Cost Estimate,
300.
5. Basis for Estimate,
The authorization levels for reforestation are those specified in the
bill. Annual costs are based on the historical payout rate of the U.S.
Forest Service for forest protection and utilization. This rate is 85
percent for the first year that funds are available and 15 percent for
the second year.
Section 2 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 authorizes an amount "not to exeed $20 million in any fiscal
year to carry out the purposes of this section" /1/. Since only $6
million of the total authorization has so far been appropriated, it is
assumed that the present authorization would be sufficient to cover the
cost of preparing the report on fiber potential which would be required
under Section 2.
((/1/A See Public Law 93-378, section 2.)) ++EP++
% %
% %
In addition, it is assumed that the annual authorization for the U.
S. Forest Service will be sufficient to cover the requirements for the
Renewable Resource Program, National Forest System Resource Planning,
Transportation System, and for the acquisition of National Forest System
Lands.
Section 13 of this legislation changes the timber receipts payment
formula to states. Under the existing formula, states receive 25 percent
of Federal timber receipts, after costs of road construction and
reforestation have been deducted. Under the new formula, states would
receive 25 percent of total Federal timber receipts, with no deductions
for the above-mentioned costs. Payments are made to the states in the
fiscal year after the timber receipts are collected. The resulting
additional payments to the states were estimated based on Department of
Agriculture projections of timber receipts and road construction and
reforestation costs.
The establishment of a salvage fund consisting of deposits made by
purchasers of insect-infested, dead, damaged, or down timber will result
in receipts to the Treasury. Sums in the fund in excess of those
required to cover the cost of constructing needed roads and the cost of
Forest Service sale preparation and harvesting are to be transferred to
miscellaneous receipts in the Treasury. The annual net revenue from this
fund was estimated based on Department of Agriculture projections of
revenues and expenses associated with the program.
Recent court decisions have limited the type of trees that can be
harvested, based on strict interpretation of the Act of 1897, which
allows sale of only dead, physiologically mature, or large trees. These
limitations could reduce revenue from future timber sales. Projected
revenue from timber receipts is $400 million annually. Potential revenue
loss is estimated at 5 percent of annual timber receipts in FY 1977 with
increases of 10 percent each year through FY 1981. Enactment of this
legislation would remove the sale limitations and, thus, prevent the
projected revenue loss.
Abolition of the National Forest Reservation Commission will not
result in any cost saving, since research and report preparation
performed by the Forest Service's employees for the Commission will
continue.
6. Estimate Comparison: None.
7. Previous CBO Estimate: The costs of the change in the timber
receipts payment formula to states is the same as those furnished in the
cost estimate of S. 3091, National Forest Management Act of 1976.
8. Estimate Prepared By: Arleen Fain Gilliam (225-9676).
9. Estimate Approved By: James L. Blum.
/s/JAMES L. BLUM,
Assistant Director for Budget
Analysis.
No summary of oversight findings and recommendations made by the
Committee on Government Operations under clause 2(b)(2) of Rule X of the
Rules of the House of Representatives was available to the Committee
with reference to the subject matter specifically addressed by H.R.
15069. ++EP++ % %
% %
No specific oversight activities, other than the hearings
accompanying the Committee's consideration of H.R. 15069 and related
legislation, were conducted by the Committee within the definition of
clause 2(b)(1) of Rule X of the Rules of the House of Representatives.
++EP++
HRP HOUSE REPORT
760908 (PART 7 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069
HR REP 94-1478, PART
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST
AND RANGELAND RENEWABLE
RESOURCES ACT OF 1974 (PAGES 576 TO 649)
CHANGES IN EXISTING LAW,
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
ACT OF 1974, ACT OF JUNE
4, 1897, AS AMENDED, ACT
OF MAY 23, 1908, AS AMENDED, ACT OF MARCH 1, 1911
(PAGES 48 TO 61)
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In compliance with clause 3 of Rule XIII of the Rules of the House of
Representatives, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in atalic, and existing law in which no
change is proposed is shown in roman),
AN ACT To provide for the Forest Service, Department of Agriculture,
to protect, develop, and enhance the productivity and other values of
certain of the Nation's lands and resources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Forest and Rangeland Renewable Resources Planning Act of
1974".
SEC 2. RENEWABLE RESOURCE ASSESSMENT. (a) In recognition of the vital
importance of America's renewable resources of the forest, range, and
other associated lands to the Nation's social and economic well-being,
and of the necessity for a long term perspective in planning and
undertaking related national renewable resource programs administered by
the Forest Service, the Secretary of Agriculture shall prepare a
Renewable Resource Assessment (hereinafter called the "Assessment"). The
Assessment shall be prepared not later than December 31, 1975, and shall
be updated during 1979 and each tenth year thereafter, and shall include
but not be limited to
(1) an analysis of present and anticipated uses, demand for and
supply of the renewable resources, with consideration of the
international resource situation, and an emphasis of pertinent
supply and demand and price relationship trends.
(2) an inventory, based on information developed by the Forest
Service and other Federal agencies, of present and potential
renewable resources, and an evaluation of opportunities for
improving their yield of tangible and intangible goods and
services, together with estimates of investment costs and direct
and indirect returns to the Federal Government.
(3) a description of Forest Service programs and
responsibilities in research, cooperative programs and management
of the National Forest System, their interrelationships, and the
relationship of these programs and responsibilities to public and
private activities; and
(4) a discussion of important policy considerations, laws,
regulations, and other factors expected to influence and affect
significantly the use, ownership, and management of forest, range
and other associated lands. ++EP++
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(b) To assure the availability of adequate data and scientific
information needed for development of the Assessment, section 9 of
the McSweeney-McNary Act of May 22, 1928 (45 Stat. 702, as
amended, 16 U.S.C. 58th), is hereby amended to read as follows:
"The Secretary of Agriculture is hereby authorized and directed
to make and keep current a comprehensive survey and analysis of
the present and prospective conditions of and requirements for the
renewable resources of the forest and range lands of the United
States, its territories and possessions, and of the supplies of
such renewable resources, including a determination of the present
and potential productivity of the land, and of such other facts as
may be necessary and useful in the determination of ways and means
needed to balance the demand for and supply of these renewable
resources, benefits and uses in meeting the needs of the people of
the United States. The Secretary shall carry out the survey and
analysis under such plans as he may determine to be fair and
equitable, and cooperate with appropriate officials of each State,
territory, or possession of the United States, and either through
them or directly with private or other agencies. There is
authorized to be appropriated not to exceed $20,000,000 in any
fiscal year to carry out the purposes of this section.
(c)(1) The Secretary shall report in the 1979 and subsequent
Assessments on the additional fiber potential in the National
Forest System. The report shall include, but not be restricted to,
forest mortality, growth salvage potential, potential increased
forest products sales, economic constraints, alternate markets,
contract considerations, and other multiple use considerations.
(2) In developing the report, the Secretary shall provide
opportunity for public input, and shall consult with other
interested governmental departments and agencies.
(d)(1) It is the policy of the Congress that all forested lands
in the National Forest System shall be maintained in appropriate
forest cover with species of trees, degree of stocking, rate of
growth, and conditions of stand designed to secure the maximum
benefits of multiple use sustained yield management in accordance
with land management plans. Accordingly, the Secretary is directed
to indentify and report to Congress annually at the time of
submission of the President's budget together with the annual
report provided for under section 7 (c) of this Act, beginning
with submission of the President's budget for fiscal year 1978,
the amount and location by forests and States and by productivity
class where practicable of all lands in the National Forest System
where objectives of land management plans indicate the need to
reforest areas that have been cut-over or otherwise denuded or
deforested, and all lands with stands of trees that are not
growing at their best potential rate of growth. All National
Forest lands treated from year to year shall be examined after the
first and third growing seasons and certified by the Secretary in
the report provided for under this subsection as to stocking rate,
growth rate in relation to potential and other pertinent measures.
Any lands not certified as satisfactory shall be returned to the
backlog and scheduled for prompt treatment. The level and types of
treatment shall be those which secure the most effective mix of
multiple use benefits. ++EP++
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(2) Notwithstanding the provisions of section 8 of this Act,
the Secretary shall annually for eight years following the
enactment of this subsection, transmit to the Congress in the
manner provided in this subsection an estimate of the sums
necessary to be appropriated, in addition to the funds available
from other sources, to replant and otherwise treat an acreage
equal to the acreage to be cut over that year plus a sufficient
portion of the backlog of lands found to be in need of treatment
to eliminate the backlog within the eight year period. After such
eight year period, the Secretary shall transmit annually to
Congress an estimate of the sums necessary to replant and
otherwise treat all lands being cut over and maintain planned
timber production on all other forested lands in the National
Forest System so as to prevent the development of a backlog of
needed work larger than the needed work at the beginning of the
fiscal year. The Secretary's estimate of sums necessary, in
addition to the sums available under other authorities, for
accomplishment of the reforestation and other treatment of
National Forest System lands under this section shall be provided
annually for inclusion in the President's budget and shall also be
transmitted to the Speaker of the House and the President of the
Senate together with the annual report provided for under section
7 (c) of this Act at the time of submission of the President's
budget to the Congress beginning with the budget for fiscal year
1978. The sums estimated as necessary for reforestation and other
treatment shall include moneys needed to secure seed, grow
seedlings, prepare sites, plant trees, thin, remove deleterious
growth and underbrush, build fence to exclude livestock and
adverse wildlife from regeneration areas and otherwise establish
and improve growing forests to secure planned production of trees
and other multiple use values.
(3) Effective for the fiscal year beginning October 1, 1977,
and each fiscal year thereafter, there is hereby authorized to be
appropriated for the purpose of reforesting and treating lands in
the National Forest System $200,000,000 annually to meet
requirements of this subsection (d). All sums appropriated for the
purposes of this subsection shall be available until expended and
shall not be subject to rescission.
(e) The Secretary shall submit an annual report to the Congress
on the amounts, types, and uses of herbicides and pesticides in
the National Forests, including the beneficial or adverse effects
of such uses.
SEC. 3. RENEWABLE RESOURCE PROGRAM. In order to provide for
periodic review of programs for management and administration of
the National Forest System, for research, for cooperative State
and private Forest Service programs and for conduct of other
Forest Service activities in relation to the findings of the
Assessment, the Secretary of Agriculture, utilizing information
available to the Forest Service and other agencies within the
Department of Agriculture, including data prepared pursuant to
section 302 of the Rural Development Act of 1979 shall prepare and
transmit to the President a recommended Renewable Resource Program
(hereinafter called the "Program"). The Program transmitted to the
President may include alternatives and shall provide in
appropriate detail for protection, management, and development of
the National Forest System, including forest development roads and
trails; for cooperative Forest Service programs and for research.
The Program shall be developed in accordance with principles set
forth in the Multiple Use Sustained-Yield ++EP++ Act of June 12,
1960 (74 Stat. 215; 16 U. S.C. 528-531), and the National
Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C.
4324-4347).
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The Program shall be prepared not later than December 31, 1975,
to cover the four-year period beginning October 1, 1976, and at
least each of the four fiscal decades next following such period,
and shall be updated no later than during the first half of the
fiscal year ending September 30, 1980, and the first half of each
fifth fiscal year thereafter to cover at least each of the four
fiscal decades beginning next after such updating. The Program
shall include, but not be limited to
(1) an inventory of specific needs and opportunities for both
public and private program investments. The inventory shall
differentiate between activities which are of a capital nature and
those which are of an operational nature,
(2) specific identification of Program outputs, results
anticipated, and benefits associated with investments in such a
manner that the anticipated costs can be directly compared with
the total related benefits and direct and indirect returns to the
Federal Government,
(3) a discussion of priorities for accomplishment of
inventoried Program opportunities, with specified costs, outputs,
results, and benefits; and
(4) a detailed study of personnel requirements as needed to
satisfy implement and monitor existing and ongoing programs and
(5) program recommendations which
(A) evaluate objectives for the major Forest Service programs
in order that multiple use and sustained yield relationships among
and within the renewable resources can be determined,
(B) recognize the fundamental need to protect and where
appropriate improve the quality of soil, water, and air resources
(C) state national goals that recognize the interrelationships
between and interdependence within the renewable resources; and
(D) evaluate the impact of the export and import of raw logs
upon domestic timber supplies and prices.
SEC. 4. NATIONAL FOREST SYSTEM RESOURCE INVENTORIES. As a part of a
Assessment, the Secretary of Agriculture shall develop and maintain on a
continuing basis a comprehensive and appropriately detailed inventory of
all National Forest System lands and renewable resources. This inventory
shall be kept current so as to reflect changes in conditions and
identify new and emerging resources and values.
SEC. 5. NATIONAL FOREST SYSTEM RESOURCE PLANNING. (a) As a part of
the Program provided for by section 3 of this Act, the Secretary of
Agriculture shall develop, maintain, and, as appropriate, revise land
and resource management plans for units of the National Forest System,
coordinated with the land and resource management planning processes of
State and local governments and other Federal agencies.
(b) In the development and maintenance of land management plans
for use on units of the National Forest System, the Secretary
shall use ++EP++ a systematic interdisciplinary approach to
achieve integrated consideration of physical, biological,
economic, and other sciences.
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(c) The Secretary shall begin to incorporate the standards
contained in this section into plans for units of the National
Forest System as soon as practicable after enactment of this
amendment and shall complete such incorporation for all such units
by no later than September 30, 1985. Until such time as a unit of
the National Forest System is managed under plans developed in
accordance with this Act, the management of such unit may continue
under existing land and resource management plans.
(d) Upon preparation, such plans shall be available for public
scrutiny at convenient locations in the vicinity of the affected
unit for a period of at least three months before find adoption,
during which period the Secretary shall publicize and thereafter
hold public meetings or comparable processes of public involvement
for consideration of such plans in locations that foster public
participation in the review of such plans.
(e) In developing, maintaining, and revising plans for units of
the National Forest System pursuant to this section, the Secretary
shall assure that such plans
(1) Provide for multiple uses and sustained yield of the
products and services obtained therefrom in accordance with the
Multiple-Use Sustained Yield Act of 1960, and, in particular,
include coordination of outdoor recreation, range, timber,
watershed, wildlife and fish, and wilderness,
(2) determine forest management systems, harvesting levels, and
procedures in the light of all of the uses set forth in subsection
(e) (1) the definition of the terms "multiple use" and "sustained
yield" as provided in the Multiple-Use Standard Yield Act of 1960,
and the availability of lands and their suitability for resource
management
(f) Plans developed in accordance with this section shall
(1) Form one integrated plan for each unit of the National
Forest System, incorporating in one document all of the features
required by this section and any other applicable provisions of
law,
(2) Be embodied in appropriate written material, including maps
and other descriptive documents, reflecting proposed and possible
actions, including the planned timber sale program and the
proportion of probable methods of timber harvest within the unit
necessary to fulfill the plan,
(3) Be prepared by a multidisciplinary team. Each team shall
prepare its plan based on actual knowledge of the forest and upon
inventories of all the resources of the forest,
(4) Permit increases in harvest levels based on intensified
management practices such as reforestation, thinning, tree
improvement and the like if (i) such practices justify increasing
the harvests in accordance with the Multiple-Use Sustained-Yield
Act of 1960 and (ii) such harvest levels are decreased at the end
of each planning period if such practices cannot be successfully
implemented or funds are not received to permit such practices to
continue substantially as planned. ++EP++
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(5) Permit the application of silvicultural systems only if
(I) such systems are determined to be appropriate to accomplish the
multiple use sustained yield resource management objectives of
subsection (e) (1),
(ii) such systems are carried out in a manner consistent with the
adequate protection of soil, watershed, continuously flowing waterways
and bodies of water, fish, wildlife, recreation, and esthetic resources,
and with the regeneration of the timber resources,
(iii) there is assurance that tree regeneration can occur either by
natural or artificial means within a reasonable period after harvest,
but in no event longer than five years,
(iv) the size of areas to be clearcut is kept to the minimum needed
to accomplish silvicultural and multiple use sustained yield resource
management objectives of subsection (e) (1),
(v) the areas to be clearcut are shaped and blended with the natural
terrain to the extent practicable especially where there are esthetic
considerations, and
(vi) such system is not selected primarily because it will give the
greatest dollar return or the greatest unit output of timber.
(6) Be amended after final adoption only in accordance with the
provisions of subsections (e) and (f) and after being open to public
scrutiny and public involvement comparable to that required by
subsection (d); and
(7) Be revised (i) from time to time when the Secretary finds
conditions in a unit have significantly changed, but at least every
fifteen years, and (ii) in accordance with the provisions of subsections
(e) and (f) and the public scrutiny and public involvement provisions of
subsection (d).
(g) Resource plans and permits, contracts, and other instruments for
the use and occupancy of National Forest System lands shall be
consistent with the land management plans. Those resource plans and
permits, contracts, and other such instruments currently in existence
shall be revised as soon as practicable to be made consistent with such
plans. When land management plans are revised, resource plans and
permits, contracts, and other instruments, when necessary, shall be
revised as soon as practicable. Any revision in present or future
permits, contracts, and other instruments made pursuant to this section
shall be subject to valid existing rights.
(h) The length and the other terms of any contract for the sale of
timber shall be designed to promote orderly harvesting consistent with
the principles set out in this section. Unless there is a finding by the
Secretary that better utilization of the various forest resources,
consistent with the provision of the Multiple-Use Sustained-Yield Act of
1960, will result from a contract of longer duration, no contract for
the sale of timber shall extend for a period of more than ten years:
Provided, That such ten-year period may be adjusted at the discretion of
the Secretary to provide additional time because of circumstances beyond
the control of the purchaser. The contract shall require the purchaser
to file, as soon as practicable after the execution of a contract for
any advertised sale with a term of two years or more, a plan of ++EP++
operation, which shall be made a part of the contract, subject to
concurrence by the Secretary, and which shall be subject to amendment to
meet changing conditions. % %
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The Secretary shall not extend any contract period with an orginal
duration of two years or more unless he finds that the purchaser has
diligently performed, or made every reasonable effort to perform, in
accordance with the plan of operation concurred in by the Secretary and
that extension would be in the public interest.
(i) Within the multiple use objectives of a land management plan
adopted pursuant to this section, the Secretary shall, insofar as
practicable, take steps to preserve the diversity of tree species
similar to that which is existing at the time of harvest in the region
controlled by the unit plan.
(j) The Secretary shall establish
(1) Standards to insure that, prior to harvest, stands of trees
throughout the National Forest System shall generally have reached
the culmination of mean annual increment of growth (calculated on
the basis of cubic measurement or other methods of calculation at
the discretion of the Secretary): Provided, That these standards
shall not preclude the use of sound silvicultural practices, such
as thinning or other stand improvement measures: Provided
further, That these standards shall not preclude the Secretary
from salvage or sanitation harvesting of timber stands which are
substantially damaged by fire, windthrow or other catastrophe, or
which are in imminent danger from insect or disease attack.
(2) Exceptions to these standards for the harvest of particular
species of trees in management units after consideration has been
given to the multiple uses of the forest including but not limited
to recreation, wildlife habitat, and range and after completion of
public participation processes utilizing the procedures of
subsection (d) of this section; and
(3) Utilization standards, methods of measurement, and
harvesting practices for the removal of trees, portions of trees,
or forest products to provide for the optimum practical use of the
wood material. Such standards, methods, and practices shall
reflect consideration of opportunities to promote more effective
wood utilization, regional conditions, and species characteristics
and shall be compatible with multiple use resource management
objectives in the affected area. To accomplish the purpose of this
subsection in situations involving salvage of insect-infested,
dead, damaged, or down timber, and to remove associated trees for
stand improvement, the Secretary is authorized to require the
purchasers of such timber to make monetary deposits, as a part of
the payment for the timber, to be deposited in a designated fund
from which sums are to be used, to cover the cost to the United
States for design, engineering, and supervision of the
construction of needed roads and the cost for Forest Service sale
preparation and supervision of the harvesting of such timber.
Deposits of money pursuant to this subsection are to be available
until expended to cover the cost to the United States of
accomplishing the purposes for which deposited Provided, That such
deposits shall not be considered as moneys received from the
national forests within the ++EP++ meaning of sections 500 and 501
of title 16, United States Code, And provided further, That sums
found to be in excess of the cost of accomplishing the purposes
for which deposited on any national forest shall be transferred to
miscellaneous receipts in the Treasury of the United States.
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(k) The Secretary shall make a report to Congress, together with the
1979 updating of the Assessment as required by section 2 of this Act, on
the milling and other wood fiber product fabrication facilities and
their location in the United States. The report shall note the public
and private forested areas that supply such facilities. The report shall
assess the degree of utilization into product form of harvested trees by
such facilities and shall set forth the technology appropriate to the
facilities to improve utilization either individually or in aggregate
units of harvested trees and to reduce wasted wood fibers. The
Secretary shall set forth a program to encourage the adoption by these
facilities of these technologies for improving wood fiber utilization.
(l) The Secretary shall
(1) Formulate and implement, as soon as practicable, a process
for estimating long-term costs and benefits to support the program
evaluation requirements of this Act. This process shall include
requirements to provide information on all estimated expenditures
associated with the reforestation, timber stand improvement, and
sale of timber from the National Forest System, and shall provide
a comparison of these expenditures to the return to the Government
resulting from the sale of timber; and
(2) Include a summary of data and findings resulting from these
estimates as a part of the annual report required pursuant to
section 7(c) of this Act, including an identification of those
advertised timber sales made below the estimated expenditures for
such timber as determined by the above cost process.
SEC. 6. COOPERATION IN RESOURCE PLANNING. The Secretary of
Agriculture may utilize the Assessment, resource surveys, and Program
prepared pursuant to this Act to assist States and other organizations
in proposing the planning for the protection, use, and management of
renewable resources on non-Federal land.
SEC. 7. NATIONAL PARTICIPATION. (a) On the date Congress first
convenes in 1976 and thereafter following each updating of the
Assessment and the Program, the President shall transmit to the Speaker
of the House of Representatives and the President of the Senate, when
Congress convenes, the Assessment as set forth in section 2 of this Act
and the Program as set forth in section 3 of this Act, together with a
detailed Statement of Policy intended to be used in framing budget
requests by that Administration for Forest Service activities for the
five- or ten-year program period beginning during the term of such
Congress for such further action deemed appropriate by the Congress.
Following the transmission of such Assessment, Program, and Statement of
Policy, the President shall, subject to other actions of the Congress,
carry out programs already established by law in accordance with such
Statement of Policy or any subsequent amendment or modification thereof
approved by the Congress, unless, before the end of the first period of
sixty calendar days of continuous session of Congress after the date on
which the President of the Senate and the Speaker of the House are
recipients of the transmission of such Assessment, Program, ++EP++ and
Statement of Policy, either House adopts a resolution reported by the
appropriate committee of jurisdiction disapproving the Statement of
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For the purpose of this subsection, the continuity of a session shall
be deemed to be broken only by an adjournment sine die, and the days on
which either House is not in session because of an adjournment of more
than three days to a day certain shall be excluded in the computation of
the sixty-day period. Notwithstanding any other provision of this Act,
Congress may revise or modify the Statement of Policy transmitted by the
President, and the revised or modified Statement of Policy shall be used
in framing budget requests.
Provided, That, commencing in fiscal year 1981, notwithstanding any
other provision of law, no funds are authorized to be appropriated to
carry out renewable resource programs of the Forest Service after
September 30, 1980, except as specifically authorized by law enacted
after the date of this provision, and except as otherwise provided in
section 2(d) (3) of this Act.
(b) Commencing with the fiscal budget for the year ending September
30, 1977, requests presented by the President to the Congress governing
Forest Service activities shall express in qualitative and quantitative
terms the extent to which the programs and policies projected under the
budget meet the policies approved by the Congress in accordance with
subsection (a) of this section. In any case in which such budget so
presented recommends a course which fails to meet the policies so
established, the President shall specifically set forth the reason or
reasons for requesting the Congress to approve the lesser programs or
policies presented. Amounts appropriated to carry out the policies
approved in accordance with subsection (a) of this section shall be
expended in accordance with the Congressional Budget and Impoundment
Control Act of 1974, Public Law 93-344.
(c) For the purpose of providing information that will aid Congress
in its oversight responsibilities and improve the accountability of
agency expenditures and activities, the Secretary of Agriculture shall
prepare an annual report which evaluates the component elements of the
Program required to be prepared by section 3 of this Act which shall be
furnished to the Congress at the time of submission of the annual fiscal
budget commencing with the third fiscal year after the enactment of this
Act. With regard to the research component of the program, the report
shall include, but not be limited to, a description of the status of
major research programs, significant findings, and how these findings
will be applied in National Forest System management.
(d) These annual evaluation reports shall set forth progress in
implementing the Program required to be prepared by section 3 of this
Act, together with acomplishments of the Program as they relate to the
objectives of the Assessment. Objectives should be set forth in
qualitative and quantitative terms and accomplishments should be
reported accordingly. The report shall contain appropriate measurements
of pertinent costs and benefits. The evaluation shall assess the balance
between economic factors and environmental quality factors. Program
benefits shall include but not be limited to, environmental quality
factors such as esthetics, public access, wildlife habitat, recreational
and wilderness use, and economic factors such as the excess ++EP++ of
cost savings over the value of foregone benefits and the rate of return
on renewable resources. % %
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(e) The reports shall indicate plans for implementing corrective
action and recommendations for new legislation where warranted.
(f) The reports shall be structured for Congress in concise summary
form with necessary detailed data in appendices.
SEC. 8. NATIONAL FOREST SYSTEM PROGRAM ELEMENTS. -- The Secretary of
Agriculture shall take such actions as will assure that the development
and administration of the renewable resources of the National Forest
System are in full accord with the concepts for multiple use and
sustained yield of products and services as set forth in the
Multiple-Use Sustained-Yield Act of 1960. To further these concepts, the
Congress hereby sets the year 2000 as the target year when the renewable
resources of the National Forest System shall be in an operating posture
whereby all backlogs of needed treatment for their restoration shall be
reduced to a current basis and the major portion of planned intensive
multiple-use sustained-yield management procedures shall be installed
and operating on an environmentally sound basis. The annual budget shall
contain requests for funds for an orderly program to eliminate such
backlogs: Provided, That when the Secretary finds that (1) the backlog
of areas that will benefit by such treatment has been eliminated, (2)
the cost of treating the remainder of such area exceeds the economic and
environmental benefits to be secured from their treatment, or (3) the
total supplies of the renewable resources of the United States are
adequate to meet the future needs of the American people, the budget
request for these elements of restoration may be adjusted accordingly.
SEC. 9. TRANSPORTATION SYSTEM. -- (a) The Congress delcares that the
installation of a proper system of transportation to service the
National Forest System, as is provided for in Public Law 88-657, the Act
of October 13, 1964 (16 U.S.C. 532-538), shall be carried forward in
time to meet anticipated needs on an economical and environmentally
sound basis, and the method chosen for financing the construction and
maintenance of the transportation system should be such as to enhance
local, regional, and national benefits, except that the financing of
forest development roads as authorized by clause (2) of section 4 of the
Act of October 13, 1964, shall be deemed "budget authority" and "budget
outlays" as those terms are defined in section 3(a) of the Congressional
Budget and Impoundment Control Act of 1974 and shall be effective for
any fiscal year only in the manner required for new spending authority
as specified by section 401 (a) of that Act.
(b) Unless the necessity for permanent roads is set forth in the
forest development road system plan, roads constructed on land of the
National Forest System in connection with a timber contract or other
permit or lease shall be designed with the goal of reestablishing
vegetative cover on the road way and areas where the vegetative cover
has been disturbed by the construction of the road, within ten years
after the termination of the contract, permit, or lease either through
artificial or natural means. Such action shall be taken unless it is
later determined that the road is needed for use as part of the forest
development road system. ++EP++ % %
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Sec. 10. (a) NATIONAL FOREST SYSTEM DEFINED.-Congress declares that
the National Forest System consists of units of federally owned forest,
range, and related lands throughout the United States and its
territories, united into a nationally significant system dedicated to
the long-term benefit for present and future generations, and that it is
the purpose of this section to include all such areas into one integral
system. The "National Forest System" shall include all national forest
lands reserved or withdrawn from the public domain of the United States,
all national forest lands acquired through purchase, exchange, donation
or other means, the national grasslands and land utilization projects
administered under title III of the Bankhead-Jones Farm Tenant Act (50
Stat. 525,7 U.S.C. 1010-1012), and other lands, waters, or interests
therein which are administered by the Forest Service or are designated
for administration through the Forest Service as a part of the system.
Notwithstanding the provisions of the Act of June 4, 1897 (30 Stat. 34;
16 U.S.C. 473), no land now or hereafter reserved or withdrawn from the
public domain as national forests pursuant to the Act of March 3, 1891
(26 Stat. 1103; 16 U.S.C. 471), or any Act supplementary to and
amendatory thereof, shall be returned to the public domain except by an
Act of Congress.
(b) The on-the-ground field offices, field supervisory offices, and
regional offices of the Forest Service shall be so situated as to
provide the optimum level of convenient, useful services to the public,
giving priority to the maintenance and location of facilities in rural
areas and towns near the national forest and Forest Service program
locations in accordance with the standards in section 901 (b) of the Act
of November 30, 1970 (84 Stat. 1383), as amended.
SEC. 11. RENEWABLE RESOURCES.-In carrying out this Act, the Secretary
of Agriculture shall utilize information and data available from other
Federal State, and private organizations and shall avoid duplication and
overlap of resource assessment and program planning efforts of other
Federal agencies. The term "renewable resources" shall be construed to
involve those matters within the scope of responsibilities and
authorities of the Forest Service on the date of this Act.
SEC. 12. ACQUISITION OF NATIONAL FOREST SYSTEM LANDS.-(a) The
National Forest Reservation Commission, established by the Act of March
1, 1911 (36 Stat. 961, as amended: 16 U.S.C. 513-516, 518), is
abolished and all functions of the Commission are transferred to the
Secretary of Agriculture.
(b) For the purposes of providing information that will aid Congress
in its oversight responsibilities and improve the accountability of
expenditures for the acquisition of forest land, the Secretary is hereby
authorized and directed to make an annual report of all land purchases
and exchanges relating to the National Forest System, and report the
findings to Congress as part of the report prepared in compliance with
section 7 (c) of this Act. The report shall include an evaluation of the
purchase price criteria and guidelines utilized by the Secretary for the
purpose of forest land acquisition.
SEC. 13. REGULATIONS.-The Secretary of Agriculture shall prescribe
such regulations as he determines necessary and desirable to carry out
the provisions of this Act. SEC. 14.SEVERABILITY.-If any provision of
this Act or the application thereof to any person or circumstances is
held invalid, the validity ++EP++ of the remainder of the Act and of the
application of such provision to other persons and circumstances shall
not be affected thereby. % %
% %
For the purpose of preserving the living and growing timber and
promoting the younger growth on forest reservations, the Secretary of
Agriculture, under such rules and regulations as he shall prescribe, may
cause to be designated and appraised so much of the dead, matured, or
large growth of trees found upon such forest reservations as may be
compatible with the utilization of the forests thereon, and may sell the
same for not less than the appraised value in such quantities to each
purchaser as he shall prescribe, to be used in the State or Territory in
which such timber reservation may be situated, respectively, but not for
export therefrom. Before such sale shall take place notice thereof shall
be given by the Commissioner of the General Land Office, for not less
than thirty days, by publication in one or more newspapers of general
circulation, as he may deem necessary, in the State or Territory where
such reservation exists, Provided, however, That in cases of unusual
emergency the Secretary of Agriculture may, in the exercise of his
discretion, permit the purchase of timber and cord wood in advance of
advertisement of sale at rates of value approved by him and subject to
payment of the full amount of the highest bid resulting from the usual
advertisement of sale: Provided further, That he may, in his
discretion, sell without advertisement, in quantities to suit
applicants, at a fair appraisement, timber and cord wood not exceeding
$2,000 in appraised value: And provided further, That in cases in which
advertisement is had and no satisfactory bid is received, or in cases in
which the bidder fails to complete the purchase, the timber may be sold,
without further advertisement, at private sale, in the discretion of the
Secretary of Agriculture, at not less than the appraised valuation, in
quantities to suit purchasers: payments for such timber to be made to
the receiver of the local land office of the district wherein said
timber may be sold, under such rules and regulations as the Secretary of
Agriculture may prescribe; and the moneys arising therefrom shall be
accounted for by the receiver of such land office to the Commissioner of
the General Land Office, in a separate account, and shall be covered
into the Treasury. Such timber, before being sold, shall be marked and
designated, and shall be cut and removed under the supervision of some
person appointed for that purpose by the Secretary of Agriculture, not
interested in the purchase or removal of such timber nor in the
employment of the purchaser thereof. Such supervisor shall make report
in writing to the Commissioner of the General Land Office and to the
receiver in the land office in which such reservation shall be located
of his doings in the premises.
For the purpose of achieving the policies set forth in the
Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215, 16 U.S.C.
528-531) and the Forest and Rangeland Renewable Resources Planning Act
of 1974 (88 Stat. 476, 16 U.S.C. 581h, 1601-1610), the Secretary of
Agriculture under such rules and regulations as he may prescribe, may
sell, at not less than appraised value, trees, portions of trees, or
forest products ++EP++ located on National Forest System lands. % %
% %
The Secretary shall advertise all sales, unless he determines that
extraordinary conditions exist, as defined by regulation, or that the
appraised value of the sale is less than $10,000. If, upon proper
offering, no satisfactory bid is received for a sale, or the bidder
fails to complete the purchase, the sale may be offered and sold without
further advertisement. The Secretary shall take such action as he may
deem appropriate to obviate collusive practices in bidding for trees,
portions of trees, or forest products from National Forest System lands,
including but not limited to,
(1) Establishing adequate monitoring systems to promptly
identify patterns of noncompetitive bidding,
(2) Requiring sealed bidding to be predominately utilized for
advertised sales of one million board feet or less;, and
(3) Requiring that a report of instances of such collusive
practices or patterns of noncompetitive bidding be submitted to
the Department of Justice with any and all supporting data.
Designation, marking when necessary, and supervision of harvesting of
trees, portions of trees, or forest products shall be conducted by
persons employed by the Secretary, and such persons shall have no
personal interest in the purchase or harvest of such products nor be
directly or indirectly in the employment of the purchaser thereof.
The Secretary, under such rules and regulations as he may prescribe,
is authorized to dispose of, by sale or otherwise, trees, portions of
trees, or forest products for research and demonstration projects.
Timber sales made pursuant to the Act of June 4, 1897 (30 Stat. 35,
as amended, 16 U.S.C. 476), prior to the date of enactment of this
amendment shall not be invalid if the timber was sold in accord with
Forest Service silvicultural practices and sale procedures in effect at
the time of the sale.
That hereafter twenty-five per centum of all money received from each
forest reserve during any fiscal year, including the year ending June
thirtieth, nineteen hundred and eight, shall be paid at the end thereof
by the Secretary of the Treasury to the State or Territory in which said
reserve is situated, to be expended as the State or Territorial
legislature may prescribe for the benefit of the public schools and
public roads of the county or counties in which the forest reserve is
situated: Provided, That when any forest reserve is in more than one
State or Territory or county the distributive share to each from the
proceeds of said reserve shall be proportional to its area therein. In
sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest
products the amounts made available for schools and roads by this Act
shall be based upon the stumpage value of the timber. In the
administration of the foregoing provisions of this paragraph, the term
"moneys received" against which the percentage authorized by such
provisions is applied for determining the amount payable to any State
for public schools and public roads shall include all collections under
the Act of June 9, 1930, and all amounts earned or allowed any ++EP++
purchaser of national forest timber and other forest products within
such State as purchaser credits, for the construction or roads on the
National Forest Transportation System within such national forests or
parts thereof in connection with any Forest Service timber sale
contract. % %
% %
The Secretary of Agriculture shall, from time to time as he goes
through his process of developing the budget review estimates, make
available to the State his current projections of revenues and payments
estimated to be made under the Act of May 23, 1908, as amended, or any
other special Acts making payments in lieu of taxes, for their use for
local budget planning purposes.
SEC. 13. That twenty-five per centum of all moneys received during
any fiscal year from each national forest into which the lands acquired
under this Act may from time to time be divided shall be paid, at the
end of such year, by the Secretary of the Treasury to the State in which
such national forest is situated, to be expended as the state
legislature may prescribe for the benefit of the public schools and
public roads of the county or counties in which such national forest is
situated: Provided, That when any national forest is in more than one
State or county the distributive share to each from the proceeds of such
forest shall be proportional to its area therein. In the administration
of the foregoing provisions of this paragraph, the term "moneys
received" against which the percentage authorized by such provisions is
applied for determining the amount payable to any State for public
schools and public roads shall include all collections under the Act of
June 9, 1930, and all amounts earned or allowed any purchaser of
national forest timber and other forest products within such State as
purchaser credits, for the construction of roads on the National Forest
Transportation System within such national forests or parts thereof in
connection with any Forest Service timber sale contract. The Secretary
of Agriculture shall, from time to time as he goes through his process
of developing the budget review estimates, make available to the States
his current projections of revenues and payments estimated to be made
under the Act of May 23, 1908, as amended, or any other special Acts
making payments in lieu of taxes, for their use for local budget
planning purposes. ++EP++
HRP HOUSE REPORT
STM STATEMENT
760908 (PART 8 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069, S 3091
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
DISSENTING VIEWS OF GEORGE E BROWN, JR, OF CALIFORNIA (PAGES 63 TO
74)
% %
% %
Congress today is faced with the responsibility for shaping new law
for the management of our National Forests. There are 155 National
Forest encompassing 187 million acres of Federal land in 44 states.
Puerto Rico, and the Virgin Islands. These forests are a public legacy
created by past Congresses in response to a deep and abiding public
interest. The history of the creation of these forests points out a very
important effort to inhibit harvesting practices which were leading to
the ruin of the magnificent forests of the North East, the South, the
Lake States -- and gradually the West.
One hundred years ago, the American Forestry Association and the
American Association for the Advancement of Science joined together to
seek to establish a national system of "Scientific Forestry" to replace
the harvesting policies which were degrading the ecological balance of
our forests. The log and burn practices that virtually wiped out the
forest of New England, the Southeast, the North-Central Lake states were
commencing in the huge Western softwood forests.
A 16 year effort culminated in the creation of the first. "Forest
Reserves" and another 6 years put the Organic Act of 1897 on the books.
That Act was only the beginning in what has been a continuing fight to
conserve our national forests for the many uses demanded of them. 16 U.
S.C. 475, a part of the 1897 Act which has never been amended, declared
the purpose of the establishment of the National Forests to "improve and
protect the forest within the boundaries, or for the purpose of securing
favorable conditions of water flows, and to furnish a continuous supply
of timber for the use and necessities of citizens of the United States".
Thus the basic concepts of sustained yield and the multiple use of
our national forests were put into law at that time.
In following years, various movements, particularly in the East,
pushed for new laws to protect the watersheds of our forests (The Weeks
Law of 1911) because private logging on private lands had demonstrated a
proven capability to wreck a watershed and the forests on it. The Weeks
Law authorized the acquistion of cutover and denuded land for this
protective purpose. It was this authority which led to the establishment
of the Monongahela National Forest in 1920 to regulate "the flow of
navigable streams" -- thus, a watershed forest.
But the acquisition of lands did not stop the continuation of abusive
harvesting practices in many parts of the country. The need for lumber
in the housing boom after World War II escalated the rate of harvesting
in the National Forests to such a degree that the resulting public
concern produced the Multiple Use-Sustained Yield Act of 1960, with the
strong help of our distinguished Senator from Minnesota, Mr. Humphrey.
++EP++ % %
% %
The thread which is woven through this 100 year history is a thread
of forest conservation. The American people depend on the National
Forests for many uses and as their demands have grown with increases in
population, the management of these forests has become very complex.
Because of this complexity, Congress understandably feels the need to
keep guidelines as flexible as possible so that the Forest Service can
use its expertise and technical skills to produce the greatest public
good. But in doing so, Congress has never moved away from, in fact, has
continually strengthened and clarified, its policy of multiple use and
sustained yield -- non-declining flow of our public forests.
H.R. 15069, in its present form, marks the cutting of that thread.
It, simply put, is a license to the timber industry to cut over our
national forests at any rate they so choose. By failing to include, in
fact, by rejecting, provisions requiring sustained yield, protection of
marginal lands, clearcut guidelines, and fish and wildlife protection,
the Committee demonstrated an approval of the destructive practices
which led to the recent court decisions in West Virginia, Alaska, and
Texas. These numerous provisions which the Committee rejected were not
unduly limiting -- even Chief McGuire of the Forest Service stated that
the Service would be able to continue practicing good forestry with
ample flexibility if these provisions were included. So, my only
conclusion is that the pressures of logging interests have led to a
decision that timber production should be the foremost use of our
national forests, with the other uses -- recreation, range, wildlife,
water-shed protection, and wilderness coming perhaps far behind.
Unless some action is taken on the House Floor that will once again
establish the policies of mulitple use and sustained yield in final
legislation, Congress will have radically changed the purposes to which
our national forests have been dedicated, and destroyed the fruits of a
hundred year struggle. It is tragically ironic that in our bicentennial
year, which should mark the strengthening of measures for protection of
the public interests, that such a large and perhaps irreversible,
backward step has been taken.
I submit that our national forests can help to supply increasing
timber needs while giving the people a source of outdoor enjoyment, the
birds and animala a refuge, and the streams -- protection. This bill
does not do so.
I would like to summarize the many reasons for the need for
particular additions to this bill in the form of provisions on sustained
yield, marginal lands protection, clearcut guidelines, and fish and
wildlife protection. All of these are provisions that do not conflict
with the supplying of timber from our national forests, but which need
to be a part of national forest law so that other forest values are
maintained in harmony with timber harvests.
I mentioned earlier in my comments that H.R. 15069 does not include
any statement of policy or guidelines regarding the support of the
sustained yield principle in timber harvest programs. This was not an
oversight, but a deliberate rejection of an amendment to insert the
provision of the Senate bill, S. 3091, regarding this extremely ++EP++
important subject. % %
% %
This motion could have very serious consequences for the future of
our national forest.
Sustained yield means, basically, the harvesting of an amount of
timber equal to the volume of annual growth so that a perpetual balance
between growth and output of timber is assured. Under a sustained yield
policy, a given forest land area which is presently producing 100
million board feet of timber a year will be producing the same amount of
timber one hundred years from now, and on in perpetuity never declining
from one decade to the next.
This concept is not a new one by any means. The basic principle, of
conservation is a sustained yield principle and it was spelled out in
law almost a century ago in the legislation which established our
forests. The policy of sustained yield forest management was broadened
and defined in subsequent legislation. The Sustained Yield Forest
Management Act of 1944 set forth the goal of providing a continuous.
and ample supply of forest products. The Agriculture Act of 1956 set
forth as a goal that the "building up and maintaining of a level of
timber growing stocks adequate to meet the Nation's domestic needs for a
dependable future supply of industrial wood is essential to the public
welfare and security. The often cited, even stronger language of the
Multiple Use Sustained Yield Act of 1960 authorized the Secretary of
Agriculture to develop and administer the renewable surface resources of
the national forest for the multiple use and sustained yield of the
several products and services obtained therein" and defines "sustained
yield of the several products and services" to mean "the achievement and
maintenance in perpetuity of a high-level annual or regular periodic
output of the various renewable resources of the national forests
without impairment to the land". Finally the Forest and Rangeland
Renewable Resources Planning Act, or Humphrey-Rarick Act which
authorized the Secretary of Agriculture to take any action to "assure
that the development and administration of the renewable resources of
the National Forest System are in full accord with the concepts for
multiple use and sustained yield of products and services as set forth
in the Multiple Use - "Sustained Yield Act of 1960" underscores the
evolving and quite proper concern of out legislators with the need to
maintain national forests management programs which assured continuing
supplies of forest products. These acts were also a result of the
ever-increasing awareness and appreciation for the other values of our
national forest lands - outdoor recreation, wilderness, the protection
of wildlife and watersheds, and were an underscoring of the evolving
refusal of our legislators to allow rates of timber harvest by the
timber industry which would eventually exhaust national forest timber
reserves.
These Acts were not passed in a vacuum. Evidence was accumlating "cut
out and get out" policies of the timber companies. The industry was
quite naturally focusing on the standing timber in the national forests
as a source of supply, as their private stocks diminished. Our
legislators very properly determined that while the national forests
should be a source of supply of the trees that industry needed, the
ruinous harvesting attitudes of segments of the timber industry had no
place in the national forests. ++EP++ % %
% %
I would also point out that integral to Congressional concern and
legislative approach was the realization that legislation must not only
address the issue of volumes and rates of harvest but the actual harvest
practices as well, if the resource based was going to continue to
produce the yields of wood fibre and other values which our people
demand. The Multiple Use Act of 1960 and the Rangeland Renewable
Resources Planning Act of 1974 recognized the need for and tried to
ensure the protection of the productivity of the land from impairment by
abusive harvesting methods. This emphasis on the need for specific
protection for the land, and the water resource base, which is the basic
support of the rich variety of forest plants and animals, was a very
important concern of Congress, a concern with Congress realized must be
continually reemphasized and refined in subsequent legislation if the
multiple forest values are to be provided to meet the public demands.
Though a sustained yield policy has been reiterated in the various
forest laws down through the years, the language has been of a general
nature. The principle defect in the legislation, which has only become
apparent in recent years as the industry's demand for harvestable trees
has intensified, has been that the legislation did not provide sustained
yield policy protection to individual national forests. Under existing
law, the industry could easily claim, and be entirely correct in such a
claim, that all or most of the timber in one national forest, or in a
National Forests Region of the country could be harvested as long as an
equal growth of timber could be accounted for in another forest or
region. This became the case in certain national forests of the
Northwest and eventually led to massive social and economic problems as
various forest regions went through a boom-and-bust cycle. Mills would
spring up to cope with the supplies from rapid harvesting
in one area only to be shut down and the workers laid off as the
harvesters, having cut the timber in that area, moved on to another
forest, where another mill would then be built. And, the resulting
unemployment problems would be perpetuated in the area until a new
forest was regenerated, a growth process that could be seriously
retarded by the nutrient depletion of the soils, and the erosion
resulting from thoughtless, expansive clearing of the forests in their
entirety. And there would be no opportunity for this unemployment to be
alleviated in the interim by alternative forest employment
opportunities, such as recreation, because wildlife had disappeared,
vistas were brutally scarred and denuded, and streams clogged with
eroded silts and logging debris.
I believe that a sustained yield, non-declining flow policy of
harvesting should be applied to each national forest. This would assure
a supply of timber in every local mill on a continuing basis while
providing forested areas in each national forest for the other important
uses of recreation, wildlife, and watershed protection. The amendment
which was offered in the Committee, and which is in the Senate bill, S.
3091, would have accomplished this needed improvement in the law. If it
had been accepted the forest of the West, the East and the South would
have been protected from the tragic problems which have created so much
public outcry in recent years, while the people of the nation would have
been assured not only a continuous supply of timber ++EP++ from the
national forests, but a continuous supply of the other important uses of
these forests. % %
% %
I am trying to clarify the obvious need for this Congress to continue
in the path that past Congresses have travelled -- a path which has
moved in the direction of clarifying the importance of a sustained yield
of timber for the public needs, while portecting the productivity of the
forestland. To reject such a policy at this time is not just a serious
error in judgment. At this moment in the history of our national forests
with perhaps many years ahead of us before another opportunity for
shaping fundamental forestry law presents itself to Congress, Congress
must either move forward or we will have moved back.
I do not intend to deprecate the motives of the Committee members in
deciding to reject a sustained yield policy when it was presented to
them. The argument of the forest products industry seemed reasonable at
first, or even second, glance. The timber industry quite simply wants to
cut trees, especially what is known as the "old-growth" timber -- that
which, as defined by the Forest Service, is at least 100 years old -- at
whatever rate the industry desires.
The argument which was submitted by the industry is that our national
forests abound with old trees which are rotting. The industry says these
trees will be lost for timber product uses unless they are promptly cut
since they will soon die and fall down. The industry points out that to
allow this to happen will create fire hazards as dry bracken accumulates
on the forest floor. In addition, the industry claims that harmful
insect populations could increase in these old-growth forests as the
trees lose their natural protective vigor. For these reasons, rapid
cutting of these old-growth trees is demanded by the industry. The
industry assures us that such an accelerated cutting would provide us
with wood where we would otherwise have waste, and that such
acceleration could not take place under the sustained yield policy
outlined in the amendment that was presented to the Committee.
The real reason for the industry's attack on a policy of sustained
yield for each national forest is that such a policy would stop them
from cutting the old-growth as fast as they desire. Though their reasons
for a more rapid cutting of the old-growth seem to be appealing, a rate
of old-growth harvesting sufficient to avoid all these problems of waste
that the industry warns us against will not be prevented by inclusion of
this sustained yield language. As the Chief of the Forest Service, Mr.
McGuire, pointed out to the Committee during consideration of the
sustained yield amendment -- the old-growth of our forest could be cut
as a rate necessary to avoid waste from rotting or insect damage under
the policy enuciated in the sustained yield provision being offered, if
the Forest Service had the funds to build the roads necessary to get to
the old-growth. Thus the problem is not with any restrictions being
brought about by a sustained yield policy, but simply that proper roads
have not been constructed to reach certain areas of our national forests
where the oldest growth still remains.
Funds are needed to head off these problems, not a rejection of a
sustained yield policy - a policy which is vitally needed to protect our
people on a local scale from boom-and-bust cycles (as evidenced by the
++EP++ endorsement of sustained yield by the International Woodworkers
of America), to protect the multiple uses of our forests, and to assure
a continuous supply of timber in perpetuity. % %
% %
There are dead and dying trees in every forest. These dead and dying
trees are not on the whole forest, nor all in one place. A good system
of roads rendering the various parts of the forest equally accessible to
both the forest manager and the timber harvester will permit harvest of
those trees that are dead or dying, and thus avoid their waste.
I would point out that even if we reject the sustained yield language
again we will still have those dead or dying trees in every national
forest that the industry is crying about because we do not have, as the
Forest Service pointed out, a proper system of roads to rescue this
timber for product uses before it decays. Indeed with a sustained yield
policy in law we may finally encourage sufficient interest in this
problem of adequate roads to secure support for passage of the
legislation needed to give us access to these potentially lost wood
fibre stocks.
In refutation of the industry claim that a quick scalping of the
old-growth will result in a quickly regenerating new forest with even
greater volumes of wood than contained in the old-growth forest, I would
draw your attention to a Forest Service Study published in 1976 on the
growth and mortality of the Douglas fir forests in Douglas County,
Oregon. This study points out, with carefully formulated statistics,
that on timber industry lands where the old-growth has been cut and
"young, healthy trees" are now growing (which is exactly the harvest
growth process that the industry is prescribing for our national
forests) the volumes of growing timber rank at the bottom in a
comparison between industry and national forest lands. The National
Forests, even with all their decaying old-growth which the industry
tells us is soon to become waste, rank first in gross measurements of
growth. Such evidence makes the case for speeded up cutting on national
forest lands due to alleged "stand decadence" highly questionable, if
not totally disregardable.
The Committee has also neglected to provide meaningful guidance to
the Forest Service in formulating programs to encourage greater
utilization of felled trees. In pushing for more cutting freedom, the
timber industry chose not to point out to us that utilization of the
parts of felled trees now being discarded in their harvesting and
milling activities would go a long way towards meeting their wood fibre
needs. It is true that some wood fibre in the form of limbs, leaves and
tree tops should be left on certain sites to build up nutrient levels in
the soil or to support wildlife needs as it decays. But the amount of
currently wasted wood fibre is considerable in excess of these needs.
Over all it is estimated that about 24 billion cubic feet of trees are
cut in the nation on an annual basis, of which 10 billion is wasted. Of
this 10 billion, it is estimated that there is a potential to use 6
billion cubic feet. In western Washington and Oregon alone, the average
chippable residue left on sites is 3,127 cubic feet per acre on national
forest land.
There are processing techniques to turn much of this currently wasted
wood fibre volumes into wood products. I feel that the Committee should
have given the Forest Service the legislation to encourage much greater
efficiencies of fibre utilization than it did. Such legislation ++EP++
would have meant new jobs in the machine tool industries and the forest
product fabrication industries. % %
% %
If the Congress does not move to protect our national forests at this
point in time through the passage of legislation containing a good
sustained yield policy provision it will be difficult to resist the
pressure for excessvely rapid liquidation of many of our forested lands.
The Forest Service perhaps is already being pushed into such excesses.
If current policies governing current rates of harvest continue
unchanged, softwood sawtimber supply is projected to decrease from the
1970 level of 24.9 billion board feet to 20.8 billion board feet by 2000
or 83% of the 1970 supply. While it is true that our national forests
contain 50% of the nation's resources of softwood sawtimber (pine trees
of a size large enough to be milled into lumber), Forest Service harvest
policies already seem to be approaching a rate of harvest under which
sustained yield of such timber could not be provided in coming years
from these national forests.
In California, the percentage of the states timber production
provided by the national forests has jumped from 10 percent in 1952 to
about 45 percent in 1970. A sustained yield, even flow policy would hold
the national forests' production at 50 percent of total harvest, thereby
supplying timber needs while ensuring future forests for other multiple
uses. For we must not forget the important needs of watershed and
wildlife protection in each national forest as we involve ourselves in
worries over wood fibre demand.
Therefore, I felt that the Committee's rejection of the sustained
yield amendment was a serious error which must be rectified on the House
Floor. This is not a casual issue to be put off to the distant future.
I have just pointed out that softwood sawtimber supplies are
projected to decrease over the next 25 years based on current management
practices. This decrease could be turned around to an increase in supply
if sound intensive forest management practices are applied including
increased efforts in a forestation, thinning, avoidance of destructive,
eroding timber harvesting, and, very importantly, turning our limited
forest management budget, and our attention, to a national forest policy
that promotes the growing of trees in forest areas that have the best
conditions present for tree growth.
There are certain lands in our national forests which have far
greater timber production potential, due to soil, slope, and climate
conditions, than others. Our greatest efforts should be focused on the
production of timber these lands, rather than spreading the capacities
of our forest professionals and our limited funds in forest management
harvesting programs on low quantity tree growth sites, or the so-called
"marginal lands" of the forest. The logic behind such a policy seems as
obvious to me as it did to Senator Talmadge, the distinguished Chairman
of the Senate Committee on Agriculture, when he stated upon
consideration of marginal lands amendments to the Senate Committee bill
- "only an idiot forester would plant trees on land he knows will not
grow trees adequately". It is logical for one investing money to place
it where it will have the best return, especially as we face rising
demands for timber. It is not ++EP++ the task of Congress in setting
overall forest policy to try to write strong prescriptions for
management, but it is the duty of Congress to ensure that the forest
managers have the tools and the guidelines to exercise sensible choices
so that the taxpayers money is invested wisely. % %
% %
The Senate, in S.3091, addressed this issue in a reasonable way by
directing the Secretary of Agriculture to identify the relative
productivity of the land for timber production, and where direct timber
production costs exceed economic return, timber production should not be
a management goal. The Senate report also directed that the Secretary
refrain from taking precipitous action on lands which seem to have a low
productivity level. No arbitrary level was set, no prescriptions put
forth. Simply a policy to guide the Forest Service in promoting
intensive forest management on the more productive lands. This policy
does not mean that these marginal lands would no longer have an economic
value in the region.
The uses of recreation, wilderness, wildlife and range could then be
heavily promoted on these marginal lands to meet the rising demand by
hikers, campers, cattle grazers, and wilderness supporters for
additional forestland acreage. All of these people bring money into an
area. As Dr. Marion Clawson (a forest economist and regent professor at
the University of California at Berkeley) stated in the February, 1976
issue of "Science".
The data (on the economics of national forest management)
strongly suggest that the national forests are functionally
inefficient also. In particular, expenditures for timber
management are being made in regions, on forests, and on sites
where timber values are so low that the area should be abandoned
for timber growing purposes. Other outputs of these forests may be
worth managing, but the growing of more timber is not economically
sound."
Faced with limited funds and a vast need for more intensive forest
management on the most productive forest sites, such a policy seems
completely reasonable and very necessary. But the House Committee on
Agriculture rejected various marginal land amendments, time and time
again, including one identical to the Senate language. The Committee did
insert a provision for a crash program of reforestation at a cost of
$200,000,000 per year by 1978 -- a program which requires that if tree
planting fails once, it be tried again, and again. To include all lands,
even those which have been shown to have very low productivity
potential, in such a program seems a tragic waste of the taxpayer's
dollar, and a boon for those areas of the country, especially the Rocky
Mountain states, which have the highest amounts of acreage in marginal
lands.
This subject must be addressed on the House Floor if the Forest
Service is to begin a proper intensive forest management program which
would increase future timber supply while protecting the lands and its
many uses from impairment by poor harvesting practices.
Much of the evidence and concern which led to the court decision in
West Virginia to stop clearcutting in the Monongahela National Forest,
++EP++ and similar decisions in Alaska and Texas, was based on the many
problems resulting from the overuse of this harvesting technique which
results in a cutting of all of the trees, old and young, high and low
quality, on a given site at one time. % %
% %
Serious problems with soil erosion, watershed destruction, river and
stream pollution, nutrient depletion in the soil, and the destruction of
fish and wildlife habitats have occurred in many areas, and especially
where excessively large and poorly planned clearcuts have been applied
in national forests.
Though it is not up to the Congress to decide the best way of
correcting such problems by specific prescriptions, ample evidence is
before us to at least ask the Secretary to establish standards for
maximum size of clearcut areas which would alleviate the gravest of
abuses. Such standards could be exceeded for reasonable cause, such as
for insect or fire damage needs. Clearcut standards should also
prescribe the establishment of buffer strips (strips of forested land)
around each clearcut and along watercourses, and the maintenance of
adequate habitats in harvest areas for those species of wildlife which
would otherwise suffer population depletion or possible extinction.
The problems with soil erosion due to water run-off and damaged slope
conditions which occur in large, block-style, clearcuts were repeated in
testimony before the Committee many times, There should be some sort of
maximum size limit to clearcuts so that the industry in not free to
shave entire mountain sides at will, and these cuts should be shaped to
fit in with the natural slope and terrain as much as possible.
Regarding buffer strips, evidence supplied by many foresters, and
fish and wildlife experts, has demonstrated the need for buffer strips
around each clearcut, of a width chosen by the Forest Service, thereby
ensuring that all adjacent clearcuts are separated by some trees. Such
buffers would supply the needs of the wildlife of the area for food,
habitats, and covering while helping to cut down on the soil erosion and
watershed destruction which can occur when clearcuts are too large or
are planned so that each successive clearcut touches on the one before
endingin an enormous harvested area. In addition, such buffer strips
around clearcuts eliminated some of the ugliness associated with vast
acreage of cleared or stumpland.
Dan Speake, leader of the Alabama Cooperative Wildlife Research Unit,
has pointed out the wildlife problems which occur when very large
clearcuts are used as a harvesting technique with no buffer strips
surrounding them,
One of the most serious wildlife problems that can develop with
forest management can be excessively large clearcuts that result
in the loss of edge effect and the poor distribution of habitat
elements. Shape of clearcuts is just as important. Long narrow
units are very acceptable and could be large but less linear units
of large size are undesirable.
Another serious problem can be that too much area will be put
into short rotations (growing and harvesting a succession of young trees
- never allowing any trees to become old-growth). When short rotation,
even-aged pine forestry is carried out with regeneration accuring on
large (one or two square mile) blocks, much of the wildlife is apt to be
eliminated or greatly reduced in number.... It is not uncommon to ++EP++
see square or rectangular clearcuts of several hundred acres being
created in adjoining blocks in successive years.
% %
% %
When this happens, hardwoods of mast producing size are
virtually eliminated over large tracts. Under current plans for
short rotation of pine stands, it is difficult to see how mast and
fruit will be provided for many species that require these foods.
Likewise, buffer strips along watercourses are necessary to maintain
a stable water temperature necessary for fish production and life. When
clearcuts occur along water banks the temperature of the water rises
sharply as the cooling foliage cover is removed. Cold-water fish, such
as trout or salmon, have suffered depletion of stocks and spawning
problems in the Northwest, including Alaska, due to such harvesting
techniques. In addition, clearcuts along banks creates serious problems
of water pollution through debris and nutrient run-off.
The Alaska director of the National Marine Fisheries Service recently
outlined the gravity of this problem succinctly,
Perhaps the most critical environmental concern facing the
fisheries resources inhabiting the streams, lakes, and estuaries
of southeastern Alaska is the continued impact of timber
harvesting and its associated activities. Virtually all logging
operations in the Tongass National Forest directly or indirectly
have an impact on the freshwater and estuarine environments.
These impacts can result from removal of vegetation adjacent to
the waterways . . . Streamside vegetation, a major component of
fisheries habitat, keeps the extremely important stream-forest
interface intact, thus minimizing the direct impact of logging on
the stream and the indirect effects on the estuary. Removal of
this streamside vegetation can have the most immediate impacts and
disturbances on both the spawning and rearing habitats through,
(1) Loss of overhead and streambank cover. (2) Changes in
temperature regime. (3) Change in energy base of stream. (4)
Changes in trophic composition. (5) Increased debris in stream.
(6) Increased sedimentation levels. (7) Loss of streambed and
streambank stability.
I would point out to my colleagues that without meaningful
guidelines, the Forest Service will be sorely hamstrung in preventing
these abuses from continuing. The only language in H.R.15069 dealing
with this problem is that -- plans developed shall permit the
application of silvicultural systems only if "such systems are carried
out in a manner consistent with the adequate protection of soil,
watershed, continuously flowing waterways, and bodies of water, fish,
wildlife, recreation, and esthetic resources, and with the regeneration
of the timber resources." Such vague wording will have little effect
against the strong pressures of industry demand for wood fibre.
California's state foresters have already confronted the problems of
enforcing stream protection legislation which forbids "unreasonable"
gouging or cutting of stream banks and which directs the California
Division of Forestry to keep streams "substantially" free of slash or
debris. The loose wording has led to many confrontations and conflicts
between foresters, and the timber industry. H.R.15069 will lead to the
same problems. ++EP++ % %
% %
Finally, the Committee bill included no language to ensure the
maintenance of sufficient habitats for wildlife which are found in the
old-growth forests. Forested dens and snags are two of such types of
habitats needed by certain wildlife species for the continuation of
their life-cycle. As large clearcuts remove acres of old-growth, certain
animals and birds are left homeless and are forced to find new
locations. But if we remove all our old-growth, without a policy of
keeping enough of these specific habitats in each area for respective
wildlife, their populations will decline, if not disappear altogether.
The wolverine and spotted owl are already suffering such threatening
declines in population levels due to loss of sufficient habitats, and we
must move quickly to protect any further total destruction of such
habitats.
An amendment will be offered on the House Floor to cover these
important areas of sustained yield, marginal lands, clearcut standards,
and fish and wildlife protection. The Committee seemed bent on ignoring
the ample evidence which demands action at this time, and reported a
bill that promotes a policy of timber production above any of the other
multiple uses of the national forests. It is not surprising that mail is
flooding the offices in support of H.R.15069 from forest products
industries, and other associated groups. They have a bill which supports
the rapid liquidation of our forest land. To argue otherwise seems
impossible since a policy of sustained yield, nondeclining flow was
rejected 26-9 in the Committee. The timber industry had fought this
provision and succeeded in that body of Members. Hopefully, the Full
House will be more cognizant of the other multiple uses of our national
forests so that they are protected with a good, reasonable amendment.
I could address many other points which are missing in the Committee
bill, issues which will have to be addressed sooner or later if sound
forest management is to become a national policy. Two of the more
important are the issues of development, maintenance, and harvesting of
wood on private, nonindustrial forestlands, and the need for improved
road construction in our national forests. for improved road
construction in our national forests.
Currently, there are 300 million acres of forestland owned by
private, nonindustrial people. Of this 300 million acres, 100 million
are covered in mature sawtimber ready to be cut. With the increasing
demand for wood fibre, and the increasing demand for the multiple uses
of our national forests, it seems that we should be doing our best to
provide incentives and information on markets, prices, etc., which would
promote the careful production and harvesting of these private wooded
acres. The Committee felt that such a subject should not be addressed in
H.R.15069, and since there are so many other areas of extreme concern I
will put the matter aside for this Congress. But, hopefully, it will be
addressed in an acceptable fashion at some later date.
The problem with excessively loose laws on logging road construction
which lead either to the building of highways where properly-constructed
dirt roads would be adequate or the construction of poor roads that
cause the greatest erosion problems of all was also neglected at this
time. Once again, in view of the aforementioned areas of necessary
attention, I will at this issue aside until the Congress has more time
to adequately consider the many complex factors involved. ++EP++ % %
% %
And last, but most important of all in its own way, is the issue of
uneven-aged management in our eastern mixed hardwood forests. The
clearcutting of these hadwoods, which are such a source of beauty to our
recreationists due to the diversity of tree species and variety of ages
and sizes, was the cause of the public outcry leading to the
"Monongahela decision" in West Virginia that banned clearcutting in that
national forest. Many wildlife and forest experts feel that clearcutting
destroys the variety of tree species, replacing them with one or two
types, and also destroys the supplies of nuts and mast which are food
for much of the hardwood's wildlife. In many national forests, hardwood
areas have been converted to pine, which, though good for sawtimber,
cannot offer many of the benefits of hardwoods. As a consequence of
legislative neglect, this controversy will continue in our eastern
states for the people in these states will not easily permit these
hardwoods to be managed under a block-by-block, even-aged policy of
softwood monocultures. Diversity, in itself, is something to protect.
I am seriously concerned about the moves made in the Committee to
ignore and therefore hamper the progress towards developing and
improving the multiple uses of our national forests. When one speaks of
ecology and the environment, one is simply trying to point out that the
many complex parts of our world are so interwoven, so dependent on each
other, that to put one use above all others is to support the possible
destruction of all. If we continue to allow forest harvesting as we have
done to date, without proper curbs or enforceable standards, nothing
will prevent great damage being done to our forest soil and water
resource base which is so vital to the continuing generation of trees
for our nation's future wood fibre needs.
I suggest that H.R.15069, if passed as it now reads, will not promote
the multiple uses of our national forests nor protect these forests for
the generations to come.
/s/GEORGE E. BROWN, Jr. ++EP++
HRP HOUSE REPORT
STM STATEMENT
760908 (PART 9 OF 9)
COMMITTEE ON AGRICULTURE
HR 15069
HR REP 94-1478, PART 1
94TH CONG, 2ND SESS
76-H163-29
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 75)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 576 TO 649)
ADDITIONAL VIEWS OF JIM WEAVER, REPRESENTATIVE FROM THE STATE OF
OREGON, ON HR 15069 (PAGE 75)
% %
% %
When the courts have ruled that the 1897 Forest Service Organic Act
prohibits the silvicultural practice known as clearcutting, the Congress
had to act to change that old law. I am pleased that the Committee on
Agriculture took action to resolve what has come to be known as the
"Monongahela Mess." We need action from the full House of
Representatives to avoid the closure of our great western National
Forests.
The dissenting views of my distinguished colleague, Mr. Brown of
California, point out the weaknesses of this bill. We intend to offer
an amendment to place the National Forests on an even flow non-declining
sustained yield basis.
Even flow non-declining sustained yield is the current policy of the
Forest Service, but this policy is not in statute. Forest products
corporations want to harvest more timber from the National Forests and,
therefore, oppose the current even flow policy. By not including
sustained yield in the statute, we will be allowing the Forest Service
to overcut the National Forests. The National Forests will be overcut
without the sustained yield amendment, because the pressures to overcut
are great.
Powers, Oregon is a community which knows first hand what it is to
see the effects of overcutting. A large corporation bought out the
local owners and began cutting at top speed.
After ten years, the firm closed their mill and threw everyone in
town out of work. Economic and social chaos resulted. I have a
responsibility to protect the Pacific Northwest, the world's last stand
of "old growth" timber, from a boom and bust economy. A sustained yield
of timber from the National Forests will insure a steady economy.
Keith Johnson, International President of the International
Woodworkers of America (AFL-CIO), wrote the members of the Committee on
Agriculture, "Forest products corporations in the west have overcut
their private lands and are now trying to fill the projected shortfall
with an increase in the harvest rate in National Forests. We must not
compound the error made by the forest corporations on their private
lands by neglecting the principle of sustained yield in National
Forests."
By including the sustained yield amendment, the conference committee
has a better chance of concluding before the end of the session.
Without the sustained yield amendment, chances for a successful
conference are lessened.
/s/JIM WEAVER. ++EP++
HRP HOUSE REPORT
760909 (PART 1 OF 1)
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION
HR 15069, HR 11508
HR REP 94-1478, PART 2
94TH CONG, 2ND SESS
76-H443-36
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 3)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 650 TO 652)
BACKGROUND, COMMITTEE CONSIDERATION AND RECOMMENDATIONS, CONCLUSION
(PAGES 1 TO 3)
% %
% %
The Committee on Interior and Insular Affairs, to whom was referred
the bill (H.R. 15069) to amend the Forest and Rangeland Renewable
Resources Planning Act of 1974, and for other purposes, having
considered the same, report thereon without amendment and without
recommendation.
Several bills growing out of the so-called Monongahela decision /1/
that are of concern to the Committee on Interior and Insular Affairs
including H.R. 15069, the subject of this report) were referred to the
Committee on Agriculture. A related bill (H.R. 11508) resulting from a
similar court decision in Alaska /2/ was referred to the Committee on
Interior and Insular Affairs.
((/1/West Virginia div. of the Izuak Walton League, Inc. V. Butz, 36
F. Supp. 422.))
((/2/"Zieske v. Butz", 406 F. Supp. 258. This case as well as the
"Izaak Walton League" case and a third, more recent, decision in "Texas
Committee on National Resources v. Butz, Civil Action No. TY-76-268-CA
of the U.S. District Court for the Eastern District of Texas", are
discussed in Part I of this report filed September 8, 1976, by the
Committee on Agriculture.
Both decisions involve ongoing practices and activities of the U.S.
Forest Service (in one case, in the Monongahela National Forest in West
Virginia, and in the other, the Tongass National Forest in Alaska). On
the basis of these decisions, the courts, among other things interpreted
the 1897 National Forest Organic Act /3/ to prohibit "clear cutting." A
major purpose of the bill referred is to to reverse this judicial
prohibition.
((/3/16 U.S.C. 476.))
Although primary referral of the bills apparently was on the basis of
whether the specific case arose from a unit of the national forest
system created out of acquired lands (as was the Monongahela) or from
public domain (the Tongass situation) two factors clearly are ++EP++
involved: (1) Such a historical distinction has nothing to do with
methods of harvesting timber, and (2) whatever solution the Congress
provides should enunciate and implement one policy throughout the
national forest system, although, of course, specific practices for
particular species of timber will vary.
The right division of committee jurisdiction based upon where trees
are located, in the opinion of this Committee, will not permit a
rational decision here. Both the Committee on Agriculture and the
Committee on Interior and Insular Affairs should have a role in
development of the legislation.
All of the bills involved have a significant impact upon the
operation, management, and future activities within the entire national
forest system, a major portion of which has been created from the public
domain, which forest are assigned to this Committee under House Rule X,
Clause 1 (j). As one example of this in H.R. 15069, Section 9 of the
bill (as reported by the Committee on Agriculture) requires that ". . .
no land now or hereafter reserved or withdrawn from the public domain as
national forests . . . shall be returned to the public domain except by
an Act of Congress." Clearly, as we read the Rules of the House, not
only forests created from the public domain but also withdrawal of
public lands are under the jurisdiction of the Committee on Interior and
Insular Affairs; and whether or not this Committee agrees with the
language contained in section 9, this Committee ought to be the one
proposing such language.
The Chairman of the Committee on Interior and Insular Affairs,
therefore, on August 27 requested the Speaker to refer H.R. 15069 to
this Committee at such time as it was reported by the Committee on
Agriculture. The Agriculture Committee reported the bill September 8,
and on that date, at approximately 7 p.m., it was referred to the
Committee on Interior and Insular Affairs "for consideration of matters
within its jurisdiction under rule X, clause 1 (j), for a period ending
not later than 7 p.m., September 9, 1976."
In recognition of the time constraints under which the bill (H.R.
15069) must be processed if it is to be considered by the House during
the 9th Congress, the Committee on Interior and Insular Affairs took
cognizance of the referral of that legislation at its meeting on
September 9, 1976. It was generally though not unanimously, agreed that
the Committee could not, within the time granted it, be reasonably
expected to make any lasting or constructive contributions to the
legislation developed and recommended by the Committee on Agriculture.
Obviously, the usual process of providing consideration by the
appropriate subcommittee or subcommittee, of permitting the public to
present its views and recommendations, and of deliberating on the merits
of the substantive issues involved could not be accomplished within the
brief period granted in the sequential referral. Had time permitted,
undoubtedly the Members of the Committee would have given the provisions
of the legislation within the jurisdiction of this Committee careful
attention, and would have forwarded recommendations on such issues to
the House for its final disposition. ++EP++ % %
% %
In light of the circumstances, and mindful of the competing demands
placed upon the leadership in the final weeks of a Congress, the
Committee appreciates the recognition by the Speaker of its
jurisdictional interest in the legislation. In making this referral, the
Committee believes that the Speaker acted in a responsible and
reasonable manner to avoid complications and delays that might otherwise
have hampered consideration of the bill by the House this year. At the
same time, this Committee understands that this sequential referral is
intended to preserve its jurisdiction over "Forest reserves . . .
created from the public domain" and will protect the rights of the
Committee with respect to future legislation of this character,
including a jurisdictional right over future amendments to H.R. 15069 or
any similar legislation which may be enacted by the Congress.
In furtherance of its responsibilities in regard to this legislation,
the Members of the Committee on Interior and Insular Affairs firmly
believe that this Committee should be entitled to reasonable
representation on any committee of conference appointed to resolve the
differences between the Senate and House versions of the bill. The
Committee acknowledges the contributions of the Committee on Agriculture
with respect to this legislation and is not suggesting that the
conferees selected to represent this Committee should replace any
conferees recommended by that Committee. On the contrary, it is assumed
that the Speaker would name additional conferees to represent the
interests of the Committee on Interior and Insular Affairs.
In light of the discussion above, the Committee on Interior and
Insular Affairs, by a voice vote, agreed to submit this report without
making a recommendation on the merits of the bill H.R. 15069. ++EP++
HRP HOUSE REPORT
760910 (PART 1 OF 1)
COMMITTEE ON RULES
HOUSE OF REPRESENTATIVES
HR 15069, H RES 1534
HR REP 94-1498
94TH CONG, 2ND SESS
PROVIDING FOR THE CONSIDERATION OF HR 15069 (PAGE 1)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGE 655)
% %
% %
SEPTEMBER 10, 1976
The Committee on Rules, having had under consideration House
Resolution 1534, by a nonrecord vote, report the same to the House with
the recommendation that the resolution do pass. ++EP++
CRP CONFERENCE REPORT
760929 (PART 1 OF 3)
COMMITTEE OF CONFERENCE
S 3091
C REP 94-1335
94TH CONG, 2ND SESS
76-S163-35
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 730 TO 767)
TEXT OF REPORT (PAGE 1)
% %
% %
SEPTEMBER 29, 1976
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S.3091) to amend the
Forest and Rangeland Renewable Resources Planning Act of 1974, and for
other purposes, having met, after full and free conference, have agreed
to recommend and do recommend to their respective House as follows,
That the Senate recede from its disagreement to the amendment of the
House and agree to the same with an amendment as follows, ++EP++
CRP CONFERENCE REPORT
SBR SENATE BILL REPORTED
760929 (PART 2 OF 3)
COMMITTEE OF CONFERENCE
S 3091 (BILL TEXT OMITTED.
SEARCH IN BILL FILE.)
C REP 94-1335
94TH CONG, 2ND SESS
76-S163-35
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 730 TO 767)
THE NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 17)
% %
% %
In lieu of the matter proposed to be inserted by the House amendment
insert the following,
(BILL TEXT OMITTED.
SEARCH AS A SEPARATE ITEM IN THE BILL FILE. ++EP++ % %
% %
And the House agree to the same.
/s/HERMAN E. TALMADGE,
/s/HENRY JACKSON,
/s/JAMES O. EASTLAND,
/s/FRANK CHURCH,
/s/HUBERT H. HUMPHREY,
/s/DALE BUMPERS,
/s/CARL CURTIS,
(By Jesse Helms)
/s/MARK O. HATFIELD,
/s/JESSE HELMS,
/s/JAMES MCCLURE,
Managers on the Part of the
Senate.
/s/THOMAS S. FOLEY,
/s/JOHN MELCHER,
/s/JAMES WEAVER,
/s/JOSEPH P. VIGORITO,
/s/JOHN KREBS,
/s/GEORGE E. BROWN, Jr.,
/s/DAWSON MATHIS,
/s/WILLIAM WAMPLER,
/s/STEVEN SYMMS,
/s/JAMES P. JOHNSON,
Managers on the Part of the House.
++EP++
CRP CONFERENCE REPORT
STM STATEMENT
760929 (PART 3 OF 3)
COMMITTEE OF CONFERENCE
S 3091
C REP 94-1335
94TH CONG, 2ND SESS
76-S163-35
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 39)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 730 TO 767)
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE (PAGES 19
TO 39)
% %
% %
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendment
of the House to the bill (S. 3091) to amend the Forest and Rangeland
Renewable Resources Planning Act of 1974, and for other purposes submit
the following joint statement to the House and the Senate in explanation
of the effect of the action agreed upon by the managers and recommended
in the accompanying conference report,
Except for clarifying, clerical, and necessary conforming changes,
the differences between the two Houses and the adjustments made in the
committee of conference are noted below.
The Senate bill would amend the Forest and Rangeland Renewable
Resources Planning Act of 1974 (hereinafter RPA) by redesignating
sections 2 through 11 as sections 3 through 12 and by inserting a new
section 2 which contains seven Congressional findings. These findings
place emphasis on the complexity of management of the Nation's renewable
resources and the need for a comprehensive Renewable Resource Assessment
and a Renewable Resource Program. The findings further emphasize the
role of research, the role of private as well as public lands in meeting
national needs, and the responsibility and opportunity for the Forest
Service to provide leadership in managing and conserving natural
resources. (Section 12 of the Senate bill would make conforming
amendments to existing cross references in the RPA.)
The House amendment contains no comparable provision.
The Conference substitute adopts the Senate provision.
The House amendment would add to present section 5 of the RPA new
subsections (k) and (1). New subsection (k) would require the Secretary
to report to Congress together with the 1979 updating of the Assessment
on the location of the milling and other wood fiber fabrication
facilities in the United States and on the public and private forested
areas that supply such facilities. This report must assess the degree
of utilization of harvested trees by such facilities, set forth the
technology appropriate to improve utilization and ++EP++ reduce wasted
wood fibers, and set forth a program to encourage adoption by such
facilities of these technologies. % %
% %
New subsection (1) would require the Secretary to include in his
report in the 1979 and subsequent Assessments specific recommendations
on the potential and increased utilization of forest and wood product
waste in the National Forest System and on other lands, and of urban
wood wastes and wood product recycling. The Secretary is required to
consult the public and other interested governmental departments and
agencies and to recommend to Congress actions to increase utilization of
material now being wasted both in the forest and in manufactured
products.
The Senate bill contains no comparable provisions.
The Conference substitute incorporates the provisions of the House
amendment but combines them with a provision identical in the Senate
bill and House amendment which requires the Secretary to report in the
1979 and subsequent Assessments on the additional fiber potential in the
National Forest System.
The Senate bill amends present section 8 of the RPA by inserting at
the end thereof a new sentence which requires the Secretary of
Agriculture with respect to any forest or rangeland in the National
Forest System where vegetative cover has been removed to report to
Congress within five years after such removal either the amount of funds
necessary to restore vegetative cover or that such lands are not in need
of revegetation. Areas which would be used for specific purposes such
as rights-of-way, campgrounds, and reservoirs, or areas where permits or
other provisions are made to assure revegetation, are excluded from the
above reporting requirement.
The House amendment adds to present section 2 of the RPA a new
subsection (d) dealing with reforestation. Subsection (d) (1) would
establish the policy of the Congress that all forested lands in the
National Forest System be maintained in appropriate forest cover to
secure the maximum benefits of multiple use sustained yield management
in accordance with land management plans. The Secretary would be
required to report to Congress annually beginning with submission of the
President's budget for fiscal year 1978 the amount and location by
forest, State, and productivity class where practicable, of all lands
where the objectives of land management plans indicate the need to
reforest areas, and all lands with stands of trees that are not growing
at their best potential rate of growth. All National Forest lands
treated must be examined after the first and third growing seasons and
certified as fit or rescheduled for proper treatment.
New subsection (d) (2) requires the Secretary to submit annually for
eight years following enactment of these amendments an estimate of the
sums necessary to be appropriated in addition to funds available ++EP++
from other sources to replant an acreage equal to the acreage to be
cut-over that year plus a sufficient portion of the backlog of lands in
need of treatment to eliminate the backlog within the eight-year period.
% %
% %
After such period, the Secretary must transit annually to the
Congress an estimate of the sums necessary to replant all lands being
cut-over and to maintain planned timber production on all other forested
lands in the National Forest System so as to prevent the development of
a backlog larger than the needed work at the beginning of the fiscal
year. Sums estimated as necessary for reforestation include, but are
not limited to, moneys needed to secure seed, grow seedlings, prepare
sites, plant trees, thin, remove deleterious growth and underbrush,
build fence to exclude livestock from regeneration areas, and otherwise
establish and improve growing forests to secure planned production of
trees and other multiple use values.
Subsection (d) (3) authorizes to be appropriated, beginning with
fiscal year 1978, for the purpose of reforesting lands in the National
Forest System $200 million annually, and all sums appropriated shall be
available until expended and not subject to rescission.
The Conference substitute adopts the House amendment but deletes the
phrase "and shall not be subject to rescission" from subsection (d) (3).
The House amendment adds to present section 2 of the RPA a new
subsection (e) which requires the Secretary to submit to the Congress an
annual report on the amounts, types, and uses of herbicides and
pesticides in the National Forests, including the beneficial or adverse
effects of such uses.
The Senate bill contains no comparable provision.
Conference substitute (section 4)
The Conference substitute adopts the House amendment.
The House amendment amends present section 3 (4) of the RPA to make
clear that the detailed study of personnel requirements which must be
included in the RPA Program must reflect the personnel required to
"implement and monitor" rather than merely "satisfy" existing and on
going programs.
The Senate bill contains no comparable provision.
The Conference substitute adopts the House amendment. ++EP++ % %
% %
The Senate bill amends present section 3 of the RPA by adding a new
paragraph which requires that the RPA Program include four specific
program recommendations. Included among these is a recommendation which
explains the opportunities for owners of forests and rangeland to
participate in programs to improve and enhance the condition of the land
and the renewable resource products therefrom.
The House amendment would also amend present section 3 of the RPA to
include four specific program recommendations, three of which are
identical to those contained in the Senate bill. However, the specific
recommendation referred to above with respect to opportunities for
private landowners would not be required by the House amendment.
Instead, the House amendment would require that the program evaluate the
impact of the export and import of raw logs on domestic timber supplies
and prices.
The Conference substitute adopts the Senate provision and the
specific recommendation contained in the House amendment which requires
that the Program evaluate the impact of the export and import of raw
logs on domestic timber supplies and prices.
The Senate bill would amend present section 5 of the RPA to add six
new subsections. The principal subsection, new subsection (d), would
require the Secretary, within two years after enactment, to promulgate
regulations in accordance with the procedures set forth in section 553
of title 5, United States Code, under the principles of the Multiple-Use
Sustained-Yield Act, that prescribe both the process for the development
and revision of the land management plans, and the inclusion of the many
specific guidelines and standards contained in this new subsection.
The House amendment would amend present section 5 of the RPA to add
11 new subsections. However, the House amendment would not require a
rulemaking proceeding. Instead, it would require the Secretary to begin
as soon as practicable after enactment to incorporate the standards
contained in present section 5 of the RPA, as amended, into plans for
units of the National Forest System.
The Conference substitute adopts the provision of the Senate bill
requiring the Secretary to conduct a rulemaking proceeding as soon as
practicable but certainly within two years, but makes changes, as
discussed subsequently in this report, in the specific guidelines and
standards required to be incorporated in the regulations. ++EP++ % %
% %
The House amendment adds to present section 5 of the RPA a new
subsection (e) which requires the Secretary to begin to incorporate the
standards contained in section 5, as amended, into units of the National
Forest System as soon as practicable after enactment and to complete
such incorporation for all units of the National Forest System by
September 30, 1985.
The Senate bill contains no comparable provision.
The Conference substitute adopts the House amendment but modifies it
to require that the Secretary (1) attempt to compete incorporation of
the standards into the plans for all units of the National Forest System
by September 30, 1985; and (2) report to the Congress on the progress
of such incorporation in connection with the RPA annual report.
The Senate bill adds to present section 5 of the RPA new subsections
(e) and (g) which require the Secretary to provide for public
participation in the development, review, and revision of land
management plans; and provide that such plans and revisions would
become effective 30 days after completion of public participation.
The House amendment adds to present section 5 of the RPA a new
subsection (d) which requires plans for units of the national Forest
System to be available for public scrutiny at convenient locations in
the vicinity of the affected units for at least three months before
final adoption during which time the Secretary must hold public meetings
or comparable processes of public involvement for consideration of such
plans in locations that foster public participation in the review of
such plans.
The Conference substitute adopts the provisions of both the Senate
bill and the House amendment.
The Senate bill amends present section 5 of the RPA to add a new
subsection (b) which requires the Secretary, within 120 days after
enactment under the Senate bill of new subsection (d), to adopt interim
procedures to carry out the land management planning process. Prior to
promulgation of the regulations required by the new subsection of the
Senate bill, management of National Forest System lands ++EP++ must be
in accordance with existing regulations and the interim guidelines. % %
% %
When necessary, land management plans will be revised as soon as
practicable to be in accord with the guidelines specified in new
subsection (d).
The House amendment amends present section 5 of the RPA by
incorporating in new subsection (c) a provision that until such time as
a unit of the National Forest System is managed under plans developed in
accordance with the RPA, as amended, the management of such unit may
continue under existing land and resource management plans.
The Conference substitute adopts the House amendment. The Conferees
agreed that the "Church guidelines" on clearcutting shall continue to be
followed by the Forest Service pending incorporation into all unit plans
of the management standards added to the RPA by these amendments.
The House amendment amends present section 5 of the RPA by adding new
subsections (e) and (f).
New subsection (e) requires the Secretary in developing and revising
plans for units of the National Forest System to: (1) provide for
multiple uses and sustained yield of the products and services obtained
there from in accordance with the Multiple-Use Sustained-Yield Act,
including coordination of recreation, range, timber, water-shed,
wildlife and fish, and wilderness; and (2) determine forest management
systems, and harvesting levels and procedures in light of all the
specific uses set forth above, the definitions of the terms "multiple
use" and "sustained yield" in the Multiple-Use Sustained-Yield Act, and
the availability of lands and their suitability for resource management.
New subsection (f) requires that plans developed in accordance with
section 5 of the RPA, as amended
(a) form one integrated plan for each unit of the National
Forest System, incorporating in one document all of the features
required by section 5 and any other applicable provision of law,
(b) be embodied in appropriate written material, including maps
and other descriptive documents, reflecting proposed and possible
actions, including the planned timber sale program and the
proportion of probable methods of timber harvest within the unit
necessary to fulfill the plan,
(c) be prepared by a multidisciplinary team. Each team shall
prepare its plan based on actual knowledge of the forest and upon
inventories of all the resources of the forest,
(d) be amended after final adoption only pursuant to the
procedures and public participation required for the original
plan,
(e) be revised from time to time when the Secretary finds
conditions in a unit have significantly changed but at least every
15 years. ++EP++
% %
% %
The Senate bill contains no directly comparable provisions.
Conference substitute (section 6)
The Conference substitute adopts the House amendment but modifies
subsection (f) to,
(1) permit the integrated plans for each unit of the National
Forest System to be incorporated in one set of documents at
convenient locations where it is impossible for such plan to be
embraced on one document,
(2) permit each interdisciplinary team to prepare its plan
based on inventories of the applicable resources of the forest,
and
(3) permit minor changes to be made in unit plans after
appropriate public notice but without invoking the formalities
required for the original plan.
The House amendment adds to the RPA a new section 13, a general
rulemaking authority, which empowers the Secretary to prescribe such
regulations as he determines necessary and desirable to carry out the
provisions of the RPA.
The Senate bill contains no comparable provision.
The Conference substitute adopts the House amendment.
The Senate bill amends section 5 of the RPA to require the Secretary
in the course of promulgating regulations required by new subsection (d)
to appoint a committee of scientists who are not employees of the Forest
Service and who shall provide scientific advice on proposed guidelines
and procedures. The Secretary would be required to provide
administrative support for the committee, and members of the committee
would be entitled to per diem of $100 per day, including travel time,
plus travel expenses and additional per diem in lieu of subsistence.
The House amendment contains no comparable provision.
The Conference substitute adopts the provision of the Senate bill.
The Senate bill adds to the RPA a new section 14 which requires the
Secretary by regulation to establish procedures including public
hearings, to give the Federal State, and local governments and the
public adequate notice of, and an opportunity to comment upon, the
++EP++ formulation of standards and guidelines applicable to Forest
Service programs. % %
% %
This new section would also require the Secretary to establish,
pursuant to the Federal Advisory Committee Act, advisory boards to
advise on the management of the National Forest System.
The House amendment contains no comparable provision.
The Conference substitute adopts the provision of the Senate bill.
The Senate bill amends present section 5 of the RPA to incorporate in
new subsection (d) a requirement that the regulations promulgated
pursuant to this subsection
(1) specify how the interdisciplinary approach required by the
present subsection 5 (b) of the RPA will be implemented,
(2) specify the types of plans that will be prepared and their
relationship to the Program,
(3) specify procedures to insure public participation,
(4) specify procedures to insure that plans are prepared in
accordance with NEPA including direction as to when and for what
plans an environmental impact statement shall be prepared,
(5) specify guidelines which require identification of the
suitability of lands for resource management, provide for
obtaining inventory data on the various renewable resources, soil
and water, and provide for methods to identify hazards to the
various resources and their relationship to alternative
activities,
(6) specify guidelines which
(A) insure consideration of the economic and environmental
aspects of various systems of renewable resources management,
(B) provide for diversity of plant and animal communities,
(C) recognize the requirements necessary to coordinate the uses
on unique management areas,
(D) recognize the need for special provisions to protect soil,
water, esthetic, and wildlife resources where conditions are
critical for tree regenerations,
(E) specify how the interdisciplinary approach, as required by
subsection (b) of section 5 of the RPA, will be implemented,
(F) prescribe, according to geographic areas, forest types, or
other suitable classifications, appropriate systems of
silviculture,
(G) insure research on and evaluation of the effects of each
management system and provide for the discontinuation of any
system which is impairing productivity of the land; and
(H) (i) provide that the amount of timber to be harvested from
any National Forest System lands shall be determined only through
the process of preparing land management plans, and (ii) that the
allowable harvests on National Forest. ++EP++
% %
% %
System lands shall be based only on lands available and
suitable for timber production.
The House amendment addresses these considerations in general terms
but, with one esception, contains no directly comparable provisions.
The House amendment does add to present section 5 of the RPA a new
subsection (i) which requires the Secretary to preserve the diversity of
tree species similar to that existing at the time of harvest.
The Conference substitute adopts paragraphs (4), (5), (6) (A), and
(6) (B) and, with some modifications, (6) (G) of the Senate bill.
The Conferees understand that paragraph (4), which requires that the
regulations specify procedures to insure that plans are prepared in
accordance with NEPA, makes no change in the responsibilities of the
Secretary under that statute but is designed to establish uniform
guidance within the Department of Agriculture as to what constitutes a
major federal action for which an environmental impact statement is
required.
Paragraph (6) (B), which requires guidelines to provide for diversity
of plant and animal communities, was modified to incorporate the
essential purpose of the provision of the House amendment. It is the
intent of the Conferees that where the resource plan is developed
separately from the land management plan, that this provision would
govern the resource plan as well.
Paragraph (6) (G), which requires that the regulations insure
research on and evaluation of the effects of each management system, was
modified to clarify its purpose which is to insure that a system would
not produce substantial and permanent impairment of the productivity of
the land. The Conferees intend that such research and evaluation will
be done on a sample basis for each management system.
The Conferees anticipate that the regulations promulgated under the
amendments to present section 5 of the RPA will specify how the
interdisciplinary approach required by the RPA will be implemented
(including the manner in which the expertise of affected State agencies
will be obtained and used in the preparation of plans), the types of
plans that will be prepared and their relationship to the Program, and
procedures to insure public participation. The Conferees further
anticipate that those regulations will specify guidelines which,
(1) recognize the requirements necessary to coordinate the uses
on unique management areas, and the need for special provisions to
protect soil, water, esthetic, and wildlife resources where
conditions ++EP++
are critical for tree regeneration in terms of multiple use impacts, % %
% %
(2) prescribe, according to geographic area, forest types, or
other suitable classifications, appropriate systems of
silviculture, and provide that the amount of timber to be
harvested from any National Forest System lands shall be
determined only through the process of preparing land management
plans, and that the allowable harvests on National Forest System
lands shall be based only on lands available and suitable for
timber production.
The Senate Bill requires that the regulations to be promulgated by
the Secretary pursuant to new subsection (d) identify the relative
productivity of land for timber production and assure that timber
production is not a management goal on lands where the estimated cost of
production will exceed estimated economic return.
The House amendment would add to present section 5 of the RPA a new
subsection (m) which requires the Secretary to implement a process for
estimating long-term costs and benefits to support the program
evaluation requirements of the RPA, including information on all
estimated expenditures associated with reforestation, timber stand
improvement, and sale of timber from the National Forest System, and a
comparison of these expenditures with the return to the Government
resulting from sale of timber. The Secretary would be required to
report to the Congress annually a summary of the data and findings
resulting from the above estimates and of those advertised timber sales
made below the estimated expenditures for such timber.
The Conference substitute modifies the provisions of the Senate bill
to require that in developing land management plans the Secretary must
identify lands within the management area which, considering to the
extent feasible physical, economic, or other pertinent factors as
determined by the Secretary, are not suited for timber production. In
making such identification, the Secretary need not follow the present
Forest Service classifications. The Secretary must assure that, except
for salvage sales or sales necessary to protect other multiple use
values, no timber harvesting shall occur on such lands for a period of
ten years. However, such lands shall continue to be treated for
reforestation purposes, and the Secretary must review his decision as to
the suitability of such lands for timber production at least every ten
years and return them to timber production whenever he determines them
to be suitable therefor.
The Conferees understand that there may be other "pertinent factors"
which the Secretary may consider in making the determination regarding
the suitability of lands for timber production. The Conferees expect
the Secretary to give appropriate consideration to such things as
advances in logging techniques, improved genetic stock, or improved
knowledge about the relationship between the resource components of the
general land area. While this list is by no means exhaustive, ++EP++
the Conferees intend the Secretary to review and keep abreast of all
developments in the field of forestry and its related sciences and to
refer to these developments as necessary in making the determination
required by this section. % %
% %
In addition, the Conference substitute modifies the provisions of the
House amendment to make clear that the long-term cost and benefit
estimation process called for by the House amendment shall require
provision of information about expenditures associated with
reforestation, timber stand improvement, and sale of timber, on a
representative sample basis, and that only a representative sample of
those advertised timber sales made below the estimated expenditures for
such timber need be included in the Secretary's annual report.
The Senate bill would require the regulations promulgated pursuant to
new subsection (d) to include a guideline which permits increases in
allowable harvests based on intensified management practices only upon
demonstration that such practices justify increased allowable harvests
and that the outputs projected are being secured.
The House amendment would include in new subsection (f) of section 5
of the RPA a requirement that plans developed in accordance with that
section permit increases in harvest levels based upon intensified
management practices if such practices justify increasing the harvests
in accordance with the Multiple-Use Sustained-Yield Act and such harvest
levels are decreased at the end of each planning period if such
practices cannot be successfully implemented or funds are not received
to permit such practices to continue substantially as planned.
The Conference substitute adopts the House amendment. The Conferees
intend that increased harvest levels be permitted when it is apparent to
the Secretary that the particular intensified management practice
employed has been successfully implemented. Thus, for example, in the
case of reforestation, an increase in harvesting level would be
permitted if the planting took and the Secretary would not be required
to wait for the full rotation period to determine whether or not the
practice was successful.
The Senate bill requires that the regulations promulgated pursuant to
new subsection (d) include guidelines which insure that timber will be
harvested from National Forest System lands only where soil, slope, or
other watershed conditions will not be irreversibly damaged, such lands
can be restocked within five years after harvest, and protection is
provided for streams and other bodies of water from temperature change
blockage, and deposits of sediment where harvests could adversely affect
water conditions or fish habitat. Further guidelines would be required
to insure that clearcutting will be used only ++EP++ where it is the
optimum method, the interdisciplinary review has been completed and
potential impact on non-timber resources assessed, clearcut patches are
shaped and blended with the terrain, maximum size limits for area to be
clearcut have been established and clearcuts are carried out in a manner
consistent with the protection of soil, watershed, fish, wildlife,
recreation, esthetic resources, and regeneration of the timber. % %
% %
The House amendment would include in new subsection (f) of section 5
of the RPA a requirement that plans developed in accordance with that
section permit the application of silvicultural systems only if tree
regeneration can occur within five years, such systems are carried out
in a manner consistent with the protection of soil, watershed,
continuously flowing waterways and bodies of water, fish, wildlife,
recreation, and esthetic resources, and regeneration of the timber, that
such systems are appropriate to accomplish multiple use sustained yield
management objectives, the areas to be clearcut are shaped and blended
with the natural terrain, the size of areas to be clearcut is to be kept
to a minimum, and the silvicultural system selected is not selected
primarily because it will give the greatest dollar return or the
greatest unit output of timber.
The Conference substitute adopts, with some modifications, the
provisions of the Senate bill.
The provision requiring protection for streams and other bodies of
water from changes where harvests could adversely affect water
conditions is modified to clarify that protection is required only from
detrimental changes, and only where harvests are likely to seriously and
adversely affect water conditions or fish habitat. The Conferees
incorporated in the general harvesting guidelines a provision from the
House amendment which insures that a particular timber harvesting system
is not selected primarily because it will give the greatest dollar
return or the greatest unit output of timber. The Conferees also
incorporated in the clearcutting guidelines a provision from the House
amendment which requires that cutting methods (other than clearcutting)
which are designed to produce an even-aged stand will be used only where
they are determined to be appropriate to accomplish the multiple use
sustained yield resource management objectives of the RPA. Finally, the
Conferees modified the provision of the Senate bill requiring
interdisciplinary review to permit the Secretary to determine the
parameters and scope of such review, and limit its application to
advertised sales.
The Senate bill would require that the regulations promulgated
pursuant to new subsection (d) of present section 5 of the RPA specify
guidelines to be followed in the preparation and revision of resource
plans using an interdisciplinary review.
The House amendment contains no comparable provision. ++EP++ % %
% %
The Conference substitute adopts the House amendment.
The Senate bill would amend present section 7(a) of the RPA to
enlarge from 60 to 90 days the period within which either House of
Congress may adopt a resolution disapproving the Statement of Policy
submitted by the President. The Senate bill would further insert in
present section 7(b) of the RPA a provision which would require the
Director of the Office of Management and Budget to appear before the
appropriate Committees of Congress to explain the failure of the
Administration to request a budget to meet the policies approved by the
Congress.
The House amendment would amend present section 7(a) of the RPA to
insert at the end thereof a proviso that no funds are authorized to be
appropriated to carry out existing renewable resource programs of the
Forest Service after September 30, 1980, except for the reforestation
program authorized by section 3 of the House amendment. The House
amendment would also amend present section 7(c) of the RPA to add at the
end thereof a new sentence which provides that the Secretary's annual
report to the Congress must include a description of the status of major
research programs and subsequent findings, and how these findings will
be applied in National Forest System management.
The Conference substitute adopts the provision of the Senate bill but
substitutes the language contained in subsection (b) of the House
amendment, which requires an annual report of the status of research
programs, for the language of subsection (b) of the Senate bill.
Both the Senate bill and the House amendment amend present section 9
of the RPA by redesignating the existing language as subsection (a) and
adding new subsection (b) which provides that any road constructed on
land of the National Forest System in connection with a timber contract
or other permit or lease must be designed with the goal of
re-establishing vegetative cover within 10 years after termination
unless the necessity for a permanent road is set forth in the forest
development road system plan or it is later determined that the road is
needed for use as a part of the forest development road system. In
addition, the Senate bill would add a new subsection (c) which would
provide that roads constructed on the National Forest System be designed
to standards appropriate for the intended use or uses.
The House amendment contains no provision comparable to new
subsection (c). ++EP++ % %
% %
The Conference substitute adopts the provisions of the Senate bill.
The Senate bill amends present section 11 of the RPA by adding at the
end thereof a clause which makes clear that the term "renewable
resources" shall be construed to involve matters within the scope of
responsibility of the Forest Service not only on the date of enactment
of the RPA but also on the date of enactment of any legislation
amendatory or supplementary thereto.
The House amendment contains no comparable provision.
The Conference substitute adopts the provisions of the Senate bill.
The Senate bill adds to the RPA a new section 13 which requires the
Secretary of Agriculture to limit the sale of timber from each National
Forest to a quantity equal to or less than a quantity which can be
removed from such forest annually in perpetuity on a sustained yield
basis. The Secretary may exceed the quantity limitation from time to
time so long as the average sales of timber from each forest over any 10
year period do not exceed such limitation. In cases where a forest
contains less than 200,000 acres of commercial forest land the Secretary
may use two or more forests for purposes of determining the sustained
yield. The Secretary would, however, not be prohibited from salvaging
timber stands which are substantially damaged by fire, windthrow, or
other catastrophe.
The House amendment contains no directly comparable provision but
would incorporate in new subsection (j) of present section 5 of the RPA
a requirement that the Secretary establish standards to insure that,
throughout the National Forest System, prior to harvest, stands of trees
shall generally have reduced their culmination of mean annual increment
of growth. However, these standards would not preclude thinning, or
stand improvement nor salvage or sanitation harvesting of timber stands
which are substantially damaged by fire, windthrow, or other
catastrophe, or which are in imminent danger from insect or disease
attack. The Secretary would be required to establish exceptions to the
above standards for the harvest of particular species of trees in
management units after consideration has been given to the multiple uses
of the forest including recreation, wildlife habitat, and range and
after completion of public participation.
The Conference substitute modifies the language of the Senate bill
(1) to permit the Secretary in planning for achievement of long-term
sustained yield management, when consistent with the multiple use ++EP++
management objectives of the land management plan and after public
participation to establish an allowable sale quantity for any decade
which departs from the projected long-term average sale that would
otherwise be established; (2) to permit the Secretary to sell salvage
timber over and above the volume called for by the unit plan if it is
not feasible to substitute salvage timber for timber that would
otherwise be sold under the plan; and (3) to incorporate the provisions
of the House amendment which authorize thinning or other stand
improvement measures, salvage sales, including the salvaging of timber
stands which are in imminent danger from insect or disease attack, and
require that generally stands of timber must have reached the period of
culmination of mean annual increment of growth prior to harvest. % %
% %
This section gives the Secretary discretion to vary the allowable
sale quantity where he determines that so doing would meet multiple use
management objectives and would be consistent with the basic directives
of the Multiple-Use Sustained Yield Act of 1960. The Conferees
understand that the Secretary may choose to exercise this discretion for
a number of reasons, including, but not limited to, such things as the
desirability of improving the age class distribution on a forest to
facilitate future sustained yield management, or the desirability of
reducing high mortality losses.
The Senate bill repeals the twelfth undesignated paragraph of the
Organic Act of 1897 and provides new authority outside that Act for
timber sales on National Forest System lands.
The House amendment contains a substantially identical provision
except that the new timber sale authority would take the form of an
amendment to the Organic Act and the Secretary would be required to
promulgate rules and regulations governing timber sales.
The Conference substitute adopts the provision of the Senate bill.
The Senate bill require that all advertised timber sales be
designated on maps and prospectuses be available to public and
interested potential bidders.
The House amendment contains no comparable provision.
The Conference substitute adopts the provision of the Senate bill.
The Senate bill requires that the length and other terms of timber
sales contracts be designed to promote orderly harvesting consistent
++EP++ with the principles set out in present section 5 of the RPA, as
amended, absent a finding by the Secretary that better utilization of
the various forest resources, consistent with the Multiple-Use
Sustained-Yield Act, will result, sales contracts shall be for a period
not to exceed 10 years. % %
% % However, such period may be adjusted in the discretion of the
Secretary to afford additional time in the event of delay caused by an
action of an agent of the U.S. or by other circumstances beyond the
control of the purchaser. With respect to any advertised sale with a
term of 2 years or more the Secretary must require the purchaser to file
a plan of operation which is subject to concurrence by the Secretary.
The Secretary may not extend any contract period within an original term
of two years or more unless he finds that the purchaser has diligently
performed in accordance with an approved plan of operation or that the
extension would be in the public interest.
The House amendment would add to present section 5 of the RPA a new
subsection (h), the provisions of which are substantially identical to
those of the Senate bill except that delay caused by an act of an agent
of the U.S. is not specifically referenced as a justification for
extending a timber contract, the plan of operation would be part of the
contract and subject to amendment to meet changing conditions, and
extension of any contract period with an original duration of 2 years or
more would require that the Secretary find that the purchaser has
diligently performed or made every reasonable effort to perform in
accordance with the plan of operation and that extension would be in the
public interest.
The Conference substitute adopts the language of the Senate bill and
incorporate language which permits the Secretary to adjust the contract
period to provide additional time where the substantial overriding
public interest justifies the extension.
The Conferees intend that the Secretary use his discretionary
authority to make timber contracts with a duration of more than ten
years only in the best interest of the forest resources and only when he
makes a finding that better utilization will in fact occur consistent
with the principles enunciated in the Multiple-Use Sustained-Yield Act.
However, the Conferees expect that the Secretary will use this authority
carefully in all cases including salvage sales and only on a
case-by-case basis.
The Conferees also intend that competitive forces be given free play
in timber sales and that the contract period not be so long that smaller
companies which might otherwise want to bid would effectively be
excluded.
The House amendment would include in the amendment to the Organic Act
a requirement that the Secretary take action to obviate collusive
practices in bidding for timber from National Forest Systems lands
including the establishment of monitoring systems to identify patterns
of non-competitive bidding, a requirement that sealed ++EP++ bids be
predominantly utilized for advertised sales of 1 million board feet or
less, and a requirement that a report of instances of collusive
practices or patterns of non-competitive bidding be submitted to the
Department of Justice with any and all supporting data. % %
% %
The Senate bill contains no comparable provision.
The Conference substitute adopts the House amendment but modifies the
paragraph providing for sealed bidding (1) by striking the provision
which limited application of that paragraph to sales of one million
board feet or less and (2) by providing that sealed bidding will be
required for all advertised sales except in those instances where the
Secretary pursuant to regulations which he shall prescribe, determines
that the public interest justifies use of other methods. The Conferees
intend that there be public participation in developing these
regulations and that such regulations shall accord the Secretary the
discretion to employ oral bidding or a mix of bidding methods when
protection of the economic stability of dependent communities or other
considerations indicate the advisability to do so.
The Senate bill requires that utilization standards and methods of
measurement be established for the removal of trees, portions of trees,
or forest products to provide for the optimum practical use of the wood
material. The standards must be compatible with multiple use resource
management objectives and must reflect consideration of opportunities to
promote more effective wood utilization as well as consideration of
regional conditions and species characteristics. In situations
involving salvage of insect infested, dead, damaged, or down timber, the
Secretary is authorized to require purchasers of such timber to make
deposits, in addition to the payment for the timber, to cover the cost
to the United States for design engineering, and supervision of the
construction of needed roads and the cost of Forest Service supervision
of the harvesting of such timber. Deposits of money would be availabe
until expended to cover the cost of accomplishing the purposes for which
deposited. However, any portion of any deposit found to be in excess of
the cost of accomplishing those purposes would be transferred to
miscellaneous receipts.
The House amendment would incorporate in new subsection (j) of
present section 5 of the RPA a paragraph substantially similar to the
provision of the Senate bill except that the monetary deposits required
of purchasers would be part of the payment for timber, such deposits
would be placed in a designated fund and could also be used to remove
associated trees for stand improvement and to cover the cost of Forest
Service sale preparation. Finally, under the House amendment, such
deposits would not be considered as moneys received from the National
Forests within the meaning of sections 500 and 501 of title 16, United
States Code. ++EP++ % %
% %
The Conference substitute adopts the provisions of the House
amendment.
The Senate bill provides that timber sales made pursuant to the
Forest Service Organic Act prior to enactment of this bill are validated
except that, with respect to existing 50-year timber sale contracts in
Alaska, the Secretary, in developing the 5-year operating plans under
the provisions of such contracts must revise such contracts to make them
consistent with the guidelines and standards contained in the RPA, as
amended, and reflect such revisions in the contract price of the timber.
Any such action by the Secretary would be required to be consistent
with valid contract rights approved by final judgment of a court of
competent jurisdiction.
The House amendment would incorporate into the amendment to the
Organic Act a provision which provides that timber sales made pursuant
to the Organic Act prior to the date of enactment of this amendment
would not be invalid if the timber was sold in accord with Forest
Service silvicultural practices and sale procedures in effect at the
time of the sale.
The Conference substitute adopts the language of the House amendment
but incorporates the provision of the Senate bill relating to existing
fifty-year timber sales contracts in Alaska.
The Senate bill amends the Act of March 1, 1911, by repealing
sections 4,5, and 14, revising sections 6 and 7, and by striking from
section 9 the reference to the "National Forest Reservation Commission."
The effect of these amendments is to abolish the National Forest
Reservation Commission and transfer its functions to the Secretary of
Agriculture. The Secretary would, in addition, be required to include
in the annual report to Congress required by present section 7 (c) of
the RPA a report of all land purchases and exchanges relating to the
National Forest System and an evaluation of the purchase price criteria
and guidelines utilized by the Secretary for the purpose of forest land
acquisition.
The House amendment would abolish the National Forest Reservation
Commission without amending the Act of March 1, 1911, and transfer all
functions of the Commission to the Secretary of Agriculture. In
addition, the House amendment would require that prior to entering into
any land purchase or exchange relating to the National Forest System for
the types of lands which have been heretofore approved by the National
Forest Reservation Commission the Secretary of Agriculture must first
submit to the Committees on Agriculture of the House and the Senate, for
a period of 30 days or such lesser time ++EP++ as may be approved by
both Committees, a detailed report of the facts concerning such proposed
purchase or transfer. % %
% %
Such report must contain at least the guidelines utilized by the
Secretary in determining that the land should be acquired, the location
and size of the land, the purchase price and criteria used by the
Secretary in determining such price, and the person from whom the land
is being acquired.
The Conference substitute adopts the provision of the Senate bill
except that subsection (b) of the House amendment requiring prior
submission to the cognizant Committees of Congress of data on proposed
purchases or exchanges is substituted for subsection (b) of the Senate
bill which required an annual report of purchase and exchanges.
The House amendment adds to the RPA a new section 14 which provides
that if any provision of the RPA, as amended, or the application thereof
to any person or circumstance is held invalid, the validity of the
remainder of the Act and of the application of such provision to other
persons and circumstances shall not be affected thereby.
The Senate bill contains no comparable provision.
The Conference substitute adopts the provision of the House
amendment.
The Senate bill amends section 3 of the Act of June 9, 1930, by
striking the proviso limiting deposits to the average cost of planting
comparable lands over the previous three years and by adding as a
purpose for which a purchaser of National Forest timber may be required
to make deposits, the protection and improvement of the future
productivity of the renewable resources of the forest land on a sale
area, including sale area improvement operations, maintenance and
construction, reforestation and forest habitat management.
The House amendment contains no comparable provision.
The Conference substitute adopts the provision of the Senate bill.
The Conferees understand that the primary, though not exclusive, purpose
of this amendment is to facilitate reforestation.
The Senate bill amends the Act of June 12, 1960, by adding at the end
thereof a new section 5 which provides that that Act may be cited as the
"Multiple Use Sustained Yield Act". ++EP++ % %
% %
The House amendment contains no comparable provision.
The Conference substitute adopts the provision of the Senate bill.
The House amendment requires that the Secretary of Agriculture, in
consultation with the officials of the States and political subdivisions
thereof, conduct a study of the incidence of Dutch elm disease and
evaluate methods for controlling its spread. The Secretary must prepare
and submit to the President, and to both Houses of the Congress, on or
before March 1, 1977, a report which includes the results of the study,
plans for further research into the control of Dutch elm disease, and an
action plan including a program of outreach and public information about
the disease, and recommendations for controlling the spread of the
disease.
The Senate bill contains no comparable provision.
The Conference substitute adopts the provisions of the House
amendment.
The Senate bill would have amended section 4 of the Act of October
13, 1964, the National Forests Roads and Trails Systems Act, by striking
the proviso which limits the road construction cost which a purchaser of
National Forest timber must pay to the cost of a road built to a
standard no higher than that needed in the harvesting and removal of the
timber and other products covered by the particular sale.
The House bill contains no comparable provision.
The Conference substitute adopts in lieu of the amendment contained
in the Senate bill language which would be added to the RPA providing
that, in the case of timber sales which include provision for purchaser
credit for construction of permanent roads with an estimated project
cost in excess of $20,000, the notice of sale must contain an estimate
of the cost, the deadline for completion of the proposed road, and must
extend to small operators (equivalent to one who qualifies as small
business under the Small Business Act) the right, when submitting a bid,
to elect that the Secretary build the road. If the purchaser so elects,
the price subsequently paid for the timber must include all of the
estimated cost of the road. However, the Secretary would be authorized
to use the receipts from any sale of timber equal to the amount of the
cost estimate, and such additional sums as may ++EP++ have been
appropriated for the construction of roads to construct the proposed
road. % %
% %
The provision would not be applicable in Alaska.
/s/HERMAN E. TALMADGE,
/s/HENRY JACKSON,
/s/JAMES O. EASTLAND,
/s/FRANK CHURCH,
/s/HUBERT H. HUMPHREY,
/s/DALE BUMPERS,
/s/CARL CURTIS (By Jesse
Helms),
/s/MARK O. HATFIELD,
/s/JESSE HELMS,
/s/JAMES MCCLURE
/s/THOMAS S. FOLEY,
/s/JOHN MELCHER,
/s/JAMES WEAVER,
/s/JOSEPH VIGORITO,
/s/JOHN KREBS,
/s/GEORGE E. BROWN, Jr.,
/s/DAWSON MATHIS,
/s/WILLIAM C. WAMPLER,
/s/STEVEN SYMMS,
/s/JAMES P. JOHNSON,
SRP SENATE REPORT
760514 (PART 1 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
TITLE PAGE AND TABLE OF CONTENTS (PAGES I TO III)
% %
% %
JAMES O. EASTLAND, Mississippi
GEORGE McGOVERN, South Dakota
JAMES B. ALLEN, Alabama
HUBERT H. HUMPHREY, Minnesota
WALTER D. HUDDLESTON, Kentucky
DICK CLARK, Iowa
RICHARD B. STONE, Florida
PATRICK J. LEAHY, Vermont
ROBERT DOLE, Kansas
MILTON R. YOUNG, North Dakota
CARL T. CURTIS, Nebraska
HENRY BELLMON, Oklahoma
JESSE HELMS, North Carolina
MICHAEL R. MCLEOD, General Counsel and Staff Director
HENRY J. CASSO, Cheif Economist
CARL P. ROSE, Counsel
JAMES W. GILTMIER, Professional Staff Member
WILLIAM A. TAGGART, Professional Staff Member
DALE L. STANSBURY, Economist
THOMAS REESE SAYLOR, Economist
JAMES C. WEBSTER, Chief Clerk and Press Secretary
PHILLIP L. FRAAS, Assistant Counsel
STEPHEN E. STORCH, Assistant Counsel
ROY FREDERICK, Economist
STUART B. HARDY, Professional Staff Member
REIDER J. WHITE, Research Assistant
BETTY M. MASON, Clerical Assistant
HELEN A. MILLER. Clerical Assistant
LAURA D. RICE, Clerical Assistant
MARGARET KELLEY, Clerical Assistant
DENISE A. LOVE, Assistant Clerk
MAUREEN T. BURKE, Clerical Assistant
NANCY W. WHITEHEAD, Clerical assistant
ANN C. BOND, Clerical Assistant
DIANE G. COVINGTON, Clerical Assistant
JO R. PATTON, Clerical Assistant ++EP++
% %
% %
Page
Short explanation.............................. 1
Committee amendments........................... 2
Summary of major provisions.................... 2
Background and need for legislation............ 7
Section-by-section analysis.................... 12
Committee consideration........................ 25
Departmental views............................. 44
Cost estimate.................................. 57
Rollcall votes................................. 61
Changes in existing law........................ 62
Appendix ++EP++ 78
SRP SENATE REPORT
76054 (PART 2 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
SHORT EXPLANATION, COMMITTEE AMENDMENTS (PAGES 1 TO 2)
% %
% %
The Committee on Agriculture and Forestry, to which was referred the
bill (S. 3091) to amend the Forest and Rangeland Renewable Resources
Planning Act of 1974 (88 Stat.476) and the Act of June 4, 1897 (30 Stat.
35), having considered the same, reports favorably thereon with
amendments and recommends that the billas amended do pass.
S. 3091, as amended by the Committee, makes significant changes in
laws governing Forest Service programs designed to improve the
management of the forest resources of the National Forest System. The
major provisions of the bill
(1) require the Secretary of Agriculture to issue regulations
setting out the process for the development and revision of land
management plans with specified guidelines and criteria for the
protection, use, and development of the renewable resources of the
National Forest System. The regulations and required guidelines
are to be developed with public participation and in accordance
with the Multiple Use Sustained Yield Act of 1960 and National
Environmental Policy Act of 1969,
(2) set out new provisions governing timber sales of National
Forest System lands, and
(3) insure that counties in which National Forest System lands
are located will recieve 25 percent of the total income from
Forest Services timber sales. ++EP++
% %
% %
The Committee amendments (1) strike all after the enacting clauses
and insert in lieu thereof an amendment in the nature of a substitute
and (2) amend the title of the bill.
The Committee amendment to the text of the bill is explained in the
part of this report entitled "Section-by-Section Analysis". ++EP++
SRP SENATE REPORT
760514 (PART 3 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S 163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
SUMMARY OF MAJOR PROVISIONS OF S 3091, AS AMENDED BY THE COMMITTEE
(PAGES 2 TO 6)
% %
% %
Findings are added to the Forest and Rangeland Renewable Resources
Planning Act of 1974 placing emphasis on the complexity of management of
the Nation's renewable resources and need for a comprehensive Renewable
Resource Assessment and a Renewable Resource Program. The findings
further emphasize the role of research, the role of private as well as
public lands in meeting national needs, and the responsibility and
opportunity for the Forest Service to provide leadership in managing and
conserving natural resources. (Sec. 2)
The Secretary of Agriculture is required to report in the 1980 and
subsequent Assessments required by the Forest and Rangeland Renewable
Resources Planning Act of 1974 on additional fiber potential in the
National Forest System. (Sec. 3)
The Secretary is required to include in the Renewable Resource
Program (required by the Forest Rangeland Renewable Resources Planning
Act of 1974) program recommendations which
(1) evaluate major Forest Service program objectives to
determine multiple use and sustained-yield relationships of
renewable resources,
(2) explain opportunities for the forest and rangeland owners
to improve their lands,
(3) recognize the need to protect and, where appropriate,
improve soil, water, and air resources; and
(4) state national goals that recognize the interrelationship
and interdependence of all renewable resources. (Sec. 4)
The Secretary of Agriculture is to provide for public participation
in the development, review, and revisions of land management plans.
(Sec. 5)
Within two years after enactment of the bill, the Secretary is to
issue regulations setting out the process for the development and
revision of land management plans, and guidelines and standards. (Sec.
5)
The regulations are to include (but not be limited to) ++EP++ % %
% %
(1) specifying how the interdisciplinary approach will be
implemented,
(2) the types of land management plans and the relationship of
the plans to the Program developed under the Forest and Rangeland
Resources Planning Act of 1974,
(3) procedures to insure public participation,
(4) procedures to insure compliance with the National
Environmental Policy Act of 1969; and
(5) management guidelines. (Sec. 5)
The management guidelines are to take several forms.
One set of guidelines dealing with overall National Forest System
land management will require that lands are identified on the basis of
their suitability for resource management; that inventory data be
obtained, and that methods be provided for identifying special
conditions or hazards to various resources and their relationship to
alternatives. (Sec. 5)
Guidelines are also required which will relate land management to the
goals of the Renewable Resource Program. The guidelines are to
(1) insure that economic and environmental aspects of various
methods of renewable resources management are consistent with the
purposes of the Multiple-Use Sustained-Yield Act and 1974
Resources Planning Act,
(2) provide for the divesity of plant and animal communities
based on land suitability and capability,
(3) recognize special or unique area requirements,
(4) recognize the need to protect soil, water, esthetic, and
wildlife resources where conditions are critical for tree
regeneration or where the size of a timber sale, cutting area, or
stand size and species composition are critical in terms of
multiple-use impacts,
(5) specify how the interdisciplinary approach will be applied,
including use of the expertise of affected State agencies; and
(6) prescribe appropriate systems of forest management; insure
research and appropriate monitoring and evaluation of management
systems and discontinue or modify management systems which impaie
land productivity.
Other required guideline for land management plans to achieve the
goals of the Renewable Resource Program relating to timber management
are to
(1) provide that harvest levels will be determined only through
the land management planning process,
(2) provide that harvest levels will be based on availability
and suitability of lands for timber production,
(3) assure that timber production is net a management goal on
lands where the estimated of production will exceed estimated
economic returns; and ++EP++
% %
% %
(4) insure that timber will be harvested from National Forest
System lands only where
(a) irreversible damage to soil, slope, or watershed conditions
will not occur,
(b) there is assurance that the lands can be adequately within
five years of harvest; and
(c) protection is afforded bodies of water with respect to
water conditions and fish habitat. (Sec. 5)
In addition, the required guidelines for land measurement plans to
achieve the goals of the Renewable Resource Program relating to timber
management are to insure that clearenting (including seed tree cutting,
shelterwood cutting, and other cuts designed to regenerate an even-aged
stand of timber) are used as a cutting method on National Forest System
lands only where
(1) clearcutting is determined to be the optimum cutting method
under the relevant land management plan,
(2) a comprehensive interdisciplinary review has been made,
(3) provision is made to blend the cuts with the terrain to the
maximum extent practicable,
(4) cutting areas meet size limits, which will be set to meet
conditions of specific regions and situations; and
(5) the cuts are carried out in a manner consistent with the
protection of soil, watershed, fish, wildlife, recreation, and
esthetic resources, and regeneration of the timber resource.
(Sec. 5)
The Secretary is to apoint a temporary committee of scientists who
are not officers or employees of the Forest Service. The committee
shall provide scientific and technical advice and counsel on proposed
guidelines, and procedures to assure that an effective interdisciplinary
approach is proposed and adopted. (Sec. 5)
Provisions is made for the revision of plans, permits, contracts and
other instruments for the use and occupancy of National Forest System
lands consistent with the guidelines and subject to valid existing
rights. (Sec. 5)
Interim management procedures are to be established within 120 days
after enactment of the bill. (Sec. 5)
If the President's budget request fails to request adequate funds to
meet the purposes of the Renewable Resources Program, as approved by
Congress, the Director of the Office of Management and Budget will be
required to appear personally before the appropriate Congressional
committees to explain such failure. (Sec. 6)
The Secretary of Agriculture is to report to Congress on the lands
where vegetative cover has been removed, stating either the amount of
funds needed for revegetation or that lands do not need revegetation.
(Sec. 7) ++EP++ % %
% %
Except for needed permanent roads, roads constructed on National
Forest System lands are to be designed with the goal of restablishing
vegetative cover within ten years. All roads are to be designed to
standards appropriate for the intended uses, considering safety cost of
transportation, and impacts on land and resources. (Sec. 8)
National Forest System lands are to returned to public domain status
only by an Act of Congress. (Sec. 90
Procedures are to be established for public participation and comment
on standards, criteria, and guidelines applicable to Forest Service
programs. Advisory boards are to be established, representing a cross
section of interested individuals and groups, as the Secretary deems
necessary to secure full information and advice on the execution of his
responsibilities. (Sec. 11)
The provisions of the Act of June 7, 1897, as amended, dealing with
the authority for timber sales on National Forest System lands is
repealed and new provisions are added.
Under the new provisions
(1) the Secretary of Agriculture may sell (at not less than
appraised value) trees, portion of trees, or forest products
located on National Forest System lands,
(2) all advertised timber sales are to be designed on maps and
described in an available prospectus,
(3) timber sales contracts are to be for period not to exceed
ten years, unless the Secretary finds that better utilization of
the various forest resources, consistent with the Multiple-Use
Sustained-Yield Act, will result from allowing a longer contract
period,
(4) In general, all timber sales are to be advertised,
(5) designation, marking of trees when necessary, and
supervision of the harvesting are to be conducted by USDA
employees; and
(6) standard are to be established for the removal of trees and
forest products to provide for the optimum practical use of wood
material including provisions for the salvage of insect-infested,
dead, damaged or down timber). (Sec. 14)
The Secretary of Agriculture is to limit sales from each National
Forest to a quantity not greater than the quality which that forest can
produce in perpetual on a sustained-yield basis. (Sec. 11) ++EP++ % %
% %
Timber sales made under existing law are validated. However, the
Secretary of Agriculture is required to review the three 50-year
contracts in Alaska and make them consistent with the purposes of the
bill. (Sec. 15)
The formula for paying a 25 percent share of National Forest revenues
to counties in which National Forest System lands are located is
adjusted to minimize adverse impacts on the counties. The adjusted to
minimize adverse impacts on the countries. The adjustment will result
in the Forest Service rebating to the counties 25 percent or the total
income from timber sales. Presently, deduction is made for collections
for reforestation and allowances in timber contracts for permanent roads
to be built by timber purchasers. (Sec. 16)
The National Forest Reservation Commission is abolished and its
functions transferred to the Secretary of Agriculture. The Secretary
will report annually to Congress on all land purchases and exchanges
relating to the National Forest System. (Sec. 17)
The formula for allocating for reforestation on harvested lands is
changed to reflect current costs and to assure better multiple-resource
treatment. (Sec. 18) ++EP++
SRP SENATE REPORT
760514 (PART 4 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
BACKGROUND AND NEED FOR LEGISLATION (PAGES 7 TO 11)
% %
% %
A nation is not born great. It grows to greatness by fulfilling its
promise. It grows great by learning.
The conservation of natural resources was not a central issue of
concern 200 years ago, when our Nation was founded. There was an
abundance of all resources.
It took a century of rapid expansion, industrial growth, and wasteful
use for the concepts of conversation to take solid form and meaning.
When they did, they emerged as three main streams of action, the idea of
individual private responsibility and stewardship; the concept of
preservation of certain publically held land; and the concept of wise
use of public lands set into designated areas.
President Theodore Roosevelt in 1907 set forth the conservation
philosophy that evolved,
The reward of foresight for this Nation is great and easily
foretold. But there must be a look ahead, there must be a
realization of the fact that to waste, to destroy, our natural
resources, to skin and exhaust land instead of using it so as to
increase its usefulness, will result in undermining in the days of
our children the very prosperity which we ought by right to hand
down to them amplified and developed.
One of the Nation's most precious possessions is its National Forest
System lands, 187 million acres of forest and rangeland held for and
managed for the people. The lands serve the public by providing, among
other things, timber resources, scenic areas, wildlife and fish
habitats, and watershed areas.
S. 3091 is directed toward improving the management of the National
Forest System. The bill is grounded on the concepts so ably set forth by
President Roosevelt. The pretection and enchancement of the land is
basic to our national survival. It is upon the quality of our
stewardship of that land that our society will ultimately be judged.
Much of the basic authority for the management of the National
Forests stems from the Act of June 4, 1897. The purposes of the National
Forests as stated in that Act are "to improve and protect the forest
within the boundaries, or for the purpose of securing favorable
conditions of water flows, and to furnish a continuous supply of timber
for the use and necessities of citizens of the United States." These
purposes have been shaped and refined by a number of other Acts over the
years.
The Weeks Act of March 1, 1911. for example, providesi the authority
to acquire lands and led to the establishment of most of the ++EP++
eastern National Forests. % %
% %
The Weeks Act directed the Secretary to identify for purchase "such
forested, cutover or denuded lands within the watersheds of navigable
streams as in his judgment may be necessary to the regulation of the
flow of navigable streams or for the production of timber." Under these
and other Acts, the mission of the Forest Service in the management of
the National Forests has been one of land stewardship and management for
multiple-resource values.
The policy of multiple-use management was clearly stated in the
Multiple-Use Sustained-Yield Act of 1960. As used in the 1960 Act, the
term "multiple use" means "the management of all the various renewable
surface resources of the national forests so that they are utilized in
the combination that will best meet the needs of the American people;
making the most judicious use of the land for some or all of these
resources or related services over areas large enough to provide
sufficient latitude for periodic adjustments in use to conform to
changing needs and conditions; that some land will be used for less
than all of the resources; and harmonious and coordinated management of
the various resources, each with the other, without impariment of the
productivity of the land, with consideration being given to the relative
values of the various resources, and not necessarily the combination of
uses that will give the greatest dollar return or the greatest unit
output."
Subsequent legislation such as the Wilderness Act, the Wild and
Scenic Rivers Act, the National Environmental Policy Act, along with
pesticide control, water quality, and air quality laws have further
served to shape management based on a concept of land stewardship and
management for multiple-resource values to meet national needs. The
Forest and Rangeland Renewable Resources Planning Act of 1974 provides
the framework to draw together a national Renewable Resource Assessment
and a recommended program for the activities of the Forest Service.
The role of the Forest Service in the management of the National
Forest System is to act as a steward of the land, fully utilizing the
scientific knowledge gained by research and experience on the forest and
rangelands of this and other countries. The land is to be managed for
multiple use and sustained yield benefits.
Recent developments have underscored the need for legislative change
to enable the Forest Service to perform its proper role of management.
On August 21, 1975, the Fourth Circuit Court of Appeals affirmed a
decision of the Federal District Court for West Virginia pertaining to
three planned timber sales on the Monongahela National Forest. The
decision, based on a strict interpretation of the Act of June 4, 1897,
allows sale of only dead, physiologically mature, or large trees which
have been individually marked and which will be completely removed.
Izaak Walton League of America v. Butz, 522 F.2d. 1945 (4th Cir. 1975).
As a result of the decision, the Forest Service was forced to reduce its
timber sales program in the States of Virginia, West Virginia, North
Carolina, and South Carolina to 10 percent of that planned for fiscal
year 1976, thereby threatening the existence of the lumbering and
related industries in those States. ++EP++ % %
% %
On December 23, 1975, the Federal District Court for Alaska in the
case of Zieske v. Butz, 406 F. Supp. 258 (d. Alaska, 1975), adopted the
conclusion of the Court of Appeals for the Fourth Circuit, and applied
the same standard to an existing 50-year timber sale executed in 1951
with the Ketchikan Pulp Company.
Great strides have been made, and continue to be made, in the field
of silviculture and the studies of related forest resources. the 1897
Act and the court decisions based on the wording of that Act do not take
this progress into account and do not allow for the most beneficial
management of resources.
The requirement in the 1897 Act allowing only the sale of "dead,
physiologically mature or large trees is a prescription which does not
recognize the need to periodically thin trees to provide growing space
or the natural diversity of land characteristics and variation in
management objectives between areas. This requirement eliminates a
number of environmentally and economically sound prescriptions or
practices necessary to grow and perpetuate trees for many purposes.
The strict interpretation of the 1897 Act prohibits commercial
thinning and intermediate cuts undertaken to improve the growth and
vigor or species composition of the stand, or to open it up to improve
browse and forage conditions, or favor other resource uses. These
limitations on vegetation management affect all the reesource values in
a complex and interrelated manner.
Based on the constraints on the type of trees that can be harvested
under the courts' interpretation, the Department of Agriculture
estimates that the volume of timber which can be harvested from the
predominately immature eastern National Forests in the next few decades
will be only 10 percent of current harvest levels. In the mature forests
of the West, the Department estimates that harvest levels will be
reduced to about 50 percent of current harvest levels.
If these estimates of reduced timber harvest are based on the
application of the courts' interpretation to new sales and do not assume
a requirement to revise sales presently under contract. If present
contracts had to be revised it would almost completely stop harvesting
from the National Forest System until contracts were revised or new
sales developed, and the Government would face the possibility of major
lawsuits based on breached contract arguments.
On a nationwide basis, National Forests are most important as a
lLLEGIBLE LINES about 50 percent of the Nation's inventory of the raw
material.
A reduction in softwood timber output from National Forests will be
quickly felt in the Nation's softwood sawlog markets. At current
production levels, a 30 percent reduction in harvest from the National
++EP++ Forests would immediately result in about a 6 percent reduction
in national softwood sawtimber supply. % %
% %
A 50-percent reduction would result in about a 10-percent immediate
reduction in total supply. In a relatively short time, the Department
estimates that supplies from other sources would rise and offset about
half the initial reduction in national supplies.
A reduction in the amount of timber products offered to consumers
would quickly result in increased prices. A number of studies and
historical experience indicate that market prices of the major timber
products are quite responsive to changes in quantities supplied to the
market. The Department of Agriculture's preliminary estimate indicates
that a 50-percent reduction in available Forest Service softwood timber
would result in more than a 15-percent increase in wholesale lumber
prices and a larger increase in wholesale plywood prices for the period
1980-90. The immediate impact on lumber and plywood prices could even
exceed the above projections. The Impact of a shortage in supply would
be particularly critical if it occurred at a time when housing market
was expanding.
In addition to these national impacts, a major reduction in the
supply of softwood sawtimber from the National Forests would have a
severe impact on certain local economies. Many sreas in the west are
dependent on the National Forests for a major part of their supply of
raw material. A loss or major reduction in supply would likely force
certain mills out of business with accompanying impacts on employment
and community stability. Although National Forests supply less than 5
percent of the total hardwood sawtimber, a loss or major reduction in
supply would also have a severe impact on local dependent industries and
the related communities.
To the extent that the reduction in National Forest harvest leads to
substitution by imports or by materials with less labor-intensive
production processes, there would be a reduction in employment
opportunities which would add to the current national unemployment
problem.
Timber production and sale are important aspects of the overall
management of the National Forest System lands. However, they are not
the sole objectives of management planning.
Congress has been alert to changing land management philosophies as
evidenced by the enactment of the Multiple-Use Sustained-Yield Act of
1960 and the Forest and Rangeland Renewable Resources Planning Act of
1974. However, no single, comprehensive piece of legislation has been
enacted that would provide the framework for the development and
implementation of management plans developed through an
interdisciplinary approach consistent with the principles of
multiple-use and sustained yield.
The other resources of the forests, wildlife and fish habitats,
water, air, esthetics, wilderness must be protected and improved.
Consideration of these resources is an integral part of the planning
process.
The Court of Appeals in the Monongahela case recognized that the 1897
Act might be outdated. The Court concluded:
We are not insensitive to the fact that our reading of the Organic
Act will have serious and far-reaching consequences, ++EP++ and it may
well be that this legislation enacted over seventy-five years ago is an
anachronism which no longer serves the public interest. % %
% %
However, the appropriate forum to resolve this complex and
controversial issue is not the courts but the congress.
It is, therefore, time for Congress to act in order to insure that
the resources found in our National Forests can be used and enjoyed by
the American public, now and in the future. Only by managing National
Forest System lands in a manner aimed at maximizing all the renewable
resources, air, soil, and water can this objective be achieved. S. 3091
will establish the mechanism for achieving this objectives. ++EP++
SRP SENATE REPORT
760514 (PART 5 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
SECTION-BY-SECTION ANALYSIS (PAGES 12 TO 24)
% %
% %
The first section provides that the Act may be cited as the "National
Forest Management Act of 1976."
Section 2 of the bill (1) adds a new section 2 to the Forest and
Rangeland Renewable Resources Planning Act of 1974, which sets forth
seven Congressional findings regarding the Nation's renewable natural
resources; and (2) redesignates sections 2 through 11 of the 1974 Act
as sections 3 through 12, respectively.
The first finding recognizes that the management of renewable
resources is highly complex and that the uses, demand for, and supply of
such resources will not remain constant but will vary over time.
In the second finding, the Congress finds that an assessment of the
Nation's renewable resources and a national program for such resources
prepared by the Forest Service, in cooperation with other agencies, is
in the public interest.
The third finding is that in order to serve the national interest the
program for the Nation's renewable resources must rest on a sound,
comprehensive assessment of present and anticipated uses, demand for,
and supply of renewable resources from public and private forest and
rangelands. Furthermore, the program must carefully analyze both
environmental and economic impacts and must coordinate multiple use and
sustained-yield opportunities as provided by the 1960 Multiple Use
Sustained-Yield Act. Finally, the public is to have an opportunity to
participate in the program's development.
The fourth finding recognizes that a sound technical and ecological
information base for effective management, use and protection of the
Nation's renewable resources results from increased knowledge gained
through coordinated public and private research.
In the fifth findings, Congress recognizes that since the majority of
the Nation's forest and rangeland is in private, State or local
ownership, non Federally owned land has the major capacity to produce
the goods and services derived from renewable resources and that the
Federal Government, consistent with the principles of multiple use and
sustained yield, should be a motivating force in promoting the efficient
long term use and improvement of the renewable resources of non
Federally owned lands.
The sixth finding recognizes that the Forest Service, by virtue of
its authority for management of the National Forest System, for programs
of cooperative forestry and research, and its role as an agency of the
Department of Agriculture, has a responsibility and an opportunity to be
a leader in assuring that the Nation maintains a natural resource
conservation posture to meet the needs of future generations of
Americans.
The seventh finding recognizes that recycled timber product materials
are as much a part of our renewable forest resources as the trees ++EP++
from which such materials come; and, in order to extend our timber and
timber fiber resources and reduce pressures for timber production from
Federal lands, the Forest Service should expand its research in the use
of recycled and waste timber product materials use, develop techniques
for substituting secondary materials for primary timber materials, and
promote and encourage the use of recycled product materials. % %
% %
Section 3 of the bill amends redesignated section 3 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 to require that the
Secretary of Agriculture include in the 1980 Renewable Resource
Assessement and each subsequent update of the Assessment a report on the
additional fiber potential of National Forest System lands, including
forest mortality, growth, salvage potential, potential increased forest
products safes, economic contraints, alternate markets, contact
considerations, and other multiple use considerations.
Section 4 of the bill amends redesignated section 4 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 by adding a fifth
requirement to be included in the Renewal Resource Program.
The requirement is for recommendations covering four specific subject
areas. These recommendations will: (1) evaluate major Forest Service
program objectives so as to make it possible to determine on a national
basis the multiple-use and sustained yield relationships among and
within the various renewable resources; (2) explain opportunities for
owners of forests and rangelands to participate in programs which will
improve the condition of their land and renewable resources; (3)
recognize the need to protect and improve (where this can be
appropriately done). The quality of soil, water and air resources,
fundamental to the regeneration of renewable resources; and (4) set
national goals recognizing the interrelationships between, and
interdependence within, the various renewable resources.
Section 5 of the bill amends redesignated section 6 of the Forest and
Rangeland Renewable Resources Planning Act 1974 by adding new
subsections (c) through (b), which provide additional direction in the
preparation and revision of land management plans for the protection,
use, and development of the renewable resources of the National Forest
System.
New subsection (c) requires the Secretary of Agriculture to provide
for participation by the public in the development, review, and revision
of land management plans.
New subsection (d) requires the Secretary of Agriculture to
promulgate regulations pursuant to the rule making procedures of the
Administrative Procedure Act within two years after enactment of the
bill which set out (a) the process for the development and revision of
land management plans, and (b) the guidelines and standards to be
applied in land management planning. The process for developing and
revising land management plans is to include the requirements of
paragraphs (1) through (4) of this subsection, and the guidelines ++EP++
and standards for land management planning are to cover those
specifically called for in paragraphs (5) and (6) of the subsection. % %
% %
The Secretary may, in the regulations, prescribe land management
planning procedures or guidelines and standards to be applied in
formulating land management plans in addition to those set forth in
subsection (d), but all such procedures, guidelines, and standards are
to conform to the principles of the Multiple-Use Sustained-Yield Act of
1960.
Under paragraphs (1) through (4) of new subsection (d), regulations
are required to spell out (1) how the interdisciplinary approach will be
used in land management planning; (2) the types of land management
plans to be used and how the plans relate to the Renewable Resource
Program; (3) the procedures for involving the public in the formulation
and review of land management plans and revisions of such plans; and
(4) procedures to insure that plans for land management are developed in
accordance with the National Environmental Policy Act, including the
preparation of environmental impact statements. (Paragraph (4) does not
alter the responsibilities of the Forest Service to comply with the
National Environmental Policy Act, or the guidelines of the Council on
Environmental Quality.)
Paragraph (5) of new subsection (d) sets out certain specific
guidelines for land management plans relating to land suitability and
inventory. Under subparagraph (A), there are to be guidelines for
identifying the suitability of the lands for management for the various
renewable resources. Redesignated section 5 of the Forest and Rangeland
Renewable Resources Planning Act requires the Secretary of Agriculture
to maintain an inventory of all National Forest System lands and
resources. In connection with that requirement, the guidelines to be
developed under subparagraph (B) are to provide for obtaining inventory
data on the various renewable resources and for soil and water
resources, including pertinent maps, graphic material and other
explanatory aids. Guidelines called for in subparagraph (C) are to
provide methods to identify any special conditions or situations in the
land area covered by the plan which involve hazards to the resources and
the relationship of such special conditions or situations in the land
area covered by the plan which involve hazards to the resources and the
relationship of such special conditions or situations to alternative
activities for the land area.
Paragraph (6) of new subsection (d) provides for more detailed
guidelines in formulating management direction for land management plans
for the multiple uses of units of the National Forest System.
Subparagraph (A) of paragraph (6) calls for specifying guidelines to
insure consideration of the environmental and economic aspects of
various systems of renewable resources management, including the related
systems of silviculture and protection of forest resources, methods to
provide for recreation (including wilderness), range, timber watershed,
wildlife and fish -- the resources set forth in the Multiple-Use
Sustained-Yield Act of 1960.
Subparagraph (B) of paragraph (6) requires that land management plan
guidelines provide for diversity of plant and animal communities based
on the suitability of the specific land area, so that overall
multiple-use objectives are met.
Subparagraph (C) of paragraph (6) requires guidelines which recognize
the requirements necessary to coordinate the multiple uses ++EP++
applicable to special or unique management areas. % %
% %
(Certain areas of National Forest System lands will have unique
natural features found in only a few places, such as rare or endangered
species of plants or animals, which necessitate special management
requirements. Other areas are designed for special uses, such as
Wildernesses or National Recreation Areas, where management requirements
must provide particular resource emphasis. Other areas are designated by
the Secretary or the Chief for special management emphasis.)
Subparagraph (D) of paragraph (6) provides for guidelines which will
recognize the need for special provisions necessary to protect soil,
water, esthetic, and wildlife resources in those areas where conditions
are critical for regeneration within a reasonable period of time, or
where the size of a timber sale or cutting areas, or stand size and
species composition are critical in terms of multiple-use impacts.
Subparagraph (E) of paragraph (6) calls for guide lines specifying
how the interdisciplinary approach required by subsection (b) of
redesignated section 6 including the manner in which the expertise of
State agencies affected by resource management planning on National
Forest system lands, will be obtained and hawsuch expertis will be used
in preparing land management plans.
Subparagraph (F) of paragraph (6) requires guidelines to prescribe
the appropriate silvicultural systems, according to geographic areas,
forest types or other suitable classifications, to include, but not be
limited to, thinnings, harvesting of trees and forest products,
regeneration and other treatment methods.
Subparagraph (G) of paragraph (6) calls for guidelines to insure
research on and evaluation of each management system in use or proposed
for use. The evaluation is to be based on continuous monitoring and
assessment in the field. When such research or evaluation shows that a
system or method of management is impairing land productivity,
guidelines will provide that the system or method be modified or
discontinued.
Subparagraph (H) (i) of paragraph (6) calls for guidelines to provide
that the quantity of timber harvested from any National Forest System
lands shall be determined only through the process of preparing and
revising land management plans.
In subparagraph (H) (ii), guidelines are to provide that allowable
harvests on National Forest System lands shall be based exclusively on
lands available and suitable for timber production. These lands are
identified under the guidelines required by paragraph (6), and the
harvest levels established are to be reviewed and adjusted periodically.
Subparagraph (H) (iii) calls for guidelines relating to the amount of
timber harvested from National Forest System lands. The guidelines are
to identify the relative productivity of land for timber production and
assure that timber production is not a management goal on lands where
estimated production cost exceeds estimated economic return. However,
the estimated production cost is to include only direct timber
production costs and not costs unrelated to such production. Access,
production, regeneration, and administrative costs for multiple-use
purposes are not direct timber production costs.
Subparagraph (H)(iv) requires guidelines to provide that increases in
the allowable harvest resulting from intensified management ++EP++
practices, such as reforestation, thinnings, or tree improvement, are to
be made only when it can be demonstrated that such practices warrant
increased allowable harvests and continued only as long as the output
increases projected by using such practices are being attained. % %
% %
Undersubparagraphs (I) (i) through (iii) of paragraph (6), guidelines
are to specify that timber will be harvested from National Forest System
lands only where (1) soil, slope, or other watershed conditions will not
be irreversibly damaged; (2) there is assurance that lands can be
adequately restocked with trees within five years after being harvested;
and (3) protection is provided for lakes, shorelines, streams,
streambanks, wetlands, and other bodies of water from changes in water
temperature, blockages of water courses, and deposits of sediment, where
harvesting could seriously and adversely affect water conditions or fish
habitat.
Subparagraphs (J) (i) through (v) of paragraph (6) deal with
guidelines for cutting practices associated with even-aged management.
They are to insure that clearcutting (including seed-tree cutting,
shelterwood cutting, and other cuts designed to regenerate an even-aged
stand of timber) is used as a cutting method only where (1) it is
determined to be the optimum method (that is, in the light of all land
planning considerations, it is the best way to achieve the objectives
and requirements of land management planning for the area to be cut),
(2) the completed interdisciplinary review has assessed for the area to
be cut the potential environmental, biological, esthetics, engineering,
economic impacts; and impacts on non-timber resources, and has assessed
the consistency ot the sale with the multiple uses of the general area,
which uses are set forth in the land management plans for that area;
(3) clearcut blocks, patches, or strips are shaped and blended, to the
extent practicable, with the natural terrain; (4) there are established
by geographic areas, forest types, or other suitable classifications,
the maximum size limits for clearcuts in one harvest operation,
including provision to exceed size limits after appropriate public
notice and review by the responsible Forest Service officier one level
above the officier who normally approves the harvest proposal, except
that size limits do not apply to areas to be harvested because of damage
due to natural catastrophic conditions, such as fire, insect and disease
attack, or windstorm; and (5) the cutting is carried out in a manner
consistent with protection of soil, watershed, fish wildlife,
recreation, and aesthetic resources, and with timber resource
regeneration.
Paragraph (7) of new subsection (d) calls for guidelines applying to
the preparation and revision of resource plans using the
interdisciplinary approach required in subsection (b) of redesignated
section 6.
New subsection (c) requires the Secretary of Agriculture, in
implementing the purposes of subsection (d), to appoint a committee of
scientists. No officers or employees of the Forest Service may be
members. The committee's function is to provide scientific and technical
advice and counsel on the proposed guidelines and procedures for the
Secretary's regulations in order to assure that an effective
interdisciplinary approach is proposed and adopted. Once the regulations
are promulgated, the committee will terminate. The Secretary is given
the discretionary authority to appoint, from time to time, committees of
scientists, when considering revisions of the regulations provided
++EP++ for under subsection (d). % %
% %
The information available to the public at the time proposed
regulations or revisions are issued shall include the views of the
committee. The Department of Agriculture is to furnish the committee the
personnel for clerical and technical assistance necessary to discharge
its duties. The committee members shall be entitled to compensation
while attending committee meetings at a rate of $100 per diem, including
travel time, and may be allowed travel expenses while away from their
homes or regular places of business, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed intermittently.
New subsection (f) requires consistency between land management plans
and resource plans and permits, contracts, and other instruments
providing for use and occupancy of National Forest System lands. After
the date of the bill, new resource plans, permits, contracts, and other
legal instruments granting or authorizing use and occupancy of National
Forest lands are required to be consistent with the land management
direction provided in the land management plan. Where resource plans or
permits, contracts, and other legal instruments are in existence at the
time a land management plan is approved, they will be revised as soon as
practicable to be made consistent. The same requirements pertain to
existing authorizations when a land management plan is revised. Any
revision of permits, contracts or other legal instruments to make them
consistent with land management plans or revised plans shall be subject
to valid existing rights.
New Subsection (g) provides that new land management plans or
revisions of existing plans will not become effective until 30 days
after completion of the public participation process provided for in
subsection (c) of redesignated section 6 and publication of notification
by the Secretary of the approval of a plan or revision.
New Subsection (h) requires the Secretary to adopt interim procedures
relating to the guides for the land management planning within 120 days
after the enactment of the bill. The principal purpose of interim
procedures is to provide greater public awareness by identifying and
publishing the directive that apply in land management planning during
the two year period during which regulations are being promulgated.
Prior to the promulgation of the regulations required by subsection (d)
of redesignated section 6, management of National Forest System lands
will be in accordance with existing regulations and with the interior
guidelines when adopted. As soon as practicable, those land management
plans in effect when this bill is enacted will be revised, when
necessary, to make them consistent with the guidelines specified
pursuant to subsection (d) of redesignated section 6. These provisions
will permit National Forest System land planning and management to
continue under present policies, together with the guidelines issued as
interim procedures, during the period that comprehensive regulations are
being drafted, published for public comment, and reviewed for final
adoption.
Section 6 of the bill amends redesignated section 8(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974. The provision
++EP++ of that Act specifying sixty calendar days of continuous session
for Congress to adopt a resolution disapproving the President's
Statement of Policy is changed to ninety calendar days of continuous
session. % %
% %
Unchanged is the provision of redesignated section 8 that, in
computing calendar days of continuous session, the days on which either
House is not in session because of an adjournment of more than three
days to a day certain are not counted. Also unchanged is the provision
that the only way the continuity of session can be broken is by an
adjournment without setting a day certain for reconvening.
Section 6 of the bill also amends redesignated section 8 by adding a
provision to subsection (b) requiring the Director of the Office of
Management and Budget to appear before the Senate Committees on
Agriculture and Forestry, Interior and Insular Affairs, and Public
Works, and the House Committees on Agriculture, Interior and Insular
Affairs, and Public Works and Transportation, to explain the failure to
request funds to meet the policies approved by the Congress for the
management of the renewable resources of the National Forest System.
Section 7 of the bill amends redesignated section 9 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 by adding a new
provision relating to the restoration of vegetative cover. The Secretary
of Agriculture is required, within five years after removal of
vegetative cover from any forest or rangeland by man or natural causes,
to report to Congress either the funds needed to properly restore useful
vegetative cover or to report that such lands are not in need of
revegetation. The report requirement does not apply to areas which are
to be used for specific purposes, such as rights-of-way campgrounds,
reservoirs, and the like, or to areas where permits or other provisions
are made which assure that revegetation will be undertaken.
Section 8 of the bill amends redesignated section 10 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 by adding two new
subsections relating to the National Forest Transportation System.
New subsection (b) requires that roads authorized to be constructed
on National Forest System lands in timber sale contracts or in other
permits or leases are to be designed with the goal of reestablishing
vegetation on the roadway and areas where road construction disturbs
vegetative cover. Unless the need for roads constructed in connection
with the timber sale contracts, or other permits or leases, as permanent
roads is identified in the forest development road system plan, the
vegetative cover is to be reestablished by artificial or natural means
within ten years after the termination of the contract, permit, or
lease. Reestablishment is not required if it is determined prior to the
expiration of the ten-year period following contract, permit, or lease
termination that the road is needed for use as a part of the forest
development road system. The provisions of new subsection (b) are
prospective and apply only to future sales.
New subsection (c) requires that all roads constructed on National
Forest System lands be designed to standards which are appropriate for
the intended uses. Factors of safety, transportation cost, and impacts
++EP++ on land and resources are to be considered indesigning road
standards. % %
% %
Section 9 of the bill amends redesignated section 11(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 by adding a
provision which, in effect, gives Congressional status to National
Forest lands reserved from the public domain. Other National Forest
lands already have Congressional status through specific Acts, such as
the Weeks Act. The new provision states that, not withstanding the
authority conferred on the President to revoke, modify, or suspend
proclumations or executive orders setting apart and reserving public
domain land as National Forests, public domain lands which are now or
may hereafter be reserved as National Forests are not to be returned to
the public domain except by an act of Congress. This does not affect the
President's authority to combine National Forests, separate a forest
into two or more National Forests, or change the boundary lines of a
forest, providing such changes do not remove lands from National Forest
status. Also unaffected are existing authorities regarding exchanges of
lands involving public domain National Forests.
Section 10 amends redesignated section 12 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 to provide that the term
"renewable resources" is to be construed to involve those matters within
the scope of responsibilities and authorities of the Forest Service on
the date of the Forest and Rangeland Renewable Resources Planning Act of
1974 and on the date of enactment of acts which amend or supplement the
1974 Act. Thus, the scope of the Forest Service's responsibilities and
authorities respecting "renewable resources" will encompass those
matters covered by the amendments in the National Forest Management Act
of 1976, as well as any future act affecting such responsibilities and
authorities.
Participation and Advisory Boards
Section 11 amends the Forest and Rangeland Renewable Resources
Planning Act by adding new sections 13 and 14 relating to the sustained
yield of the timber resource and to public involvement in land
management planning.
Subsection (a) of new section 13 restricts the sale of timber from
each National Forest to a quantity equal to or less than a quantity
which can be removed from that forest annually in perpetuity on a
sustained yield basis. The Secretary of Agriculture is permitted,
however, to exceed, from time to time, this sale limitation on timber
quantity from each National Forest, provided the average sales from the
forest over any ten year period do not exceed the quantity limitation.
The Secretary may combine two or more National Forests as the area for
which to determine the sustained yield where a forest has less than
200,000 acres of commercial forest land.
Subsection (b) of new section 13 provides that the Secretary is not
precluded by the quantity sales limitation from salvaging timber stands
which are substantially damaged by fire, wind throw, or other
catastrophes (such as insect infestation or disease). ++EP++ % %
% %
New section 14 requires the Secretary of Agriculture to establish by
regulation procedures to give Federal agencies, State, and local
governmental agencies, and the public, adequate notice and an
opportunity to comment upon the formulation of standards, criteria, and
guidelines applicable to Forest Service programs. These procedures are
to include provision for public hearings where appropriate. This public
participation requirement is broader than that in subsection (c) of
section 6, which requires guidelines for public involvement in the
formulation and review of proposed land management plans and revisions
thereof. The procedures required by section 14(a) are to apply in the
exercise of the Secretary's authorities under this bill and other laws
applicable to the Forest Service and its programs.
Subsection (b) of new section 14 requires that in planning for and
management of National Forest System lands, the Secretary, in accordance
with the Federal Advisory Committee Act and other applicable law, is to
establish and consult such advisory boards as he deems necessary to
secure full information and advice on the execution of his
responsibilities.
Section 12 amends the Forest and Rangeland Renewable Resources
Planning Act of 1974 to conform section references in the text of that
Act to the section redesignation in section 2 of this bill.
Section 13 repeals the twelfth undesignated paragraph under the
heading "SURVEYING THE PUBLIC LANDS" in the Act of June 4, 1897, which
relates to timber sales on National Forest System lands. Section 13
eliminates the provision of the 1897 Act, as interpreted in recent court
decisions, that trees sold from the National Forests must be "dead,
matured, or large growth" (which affects the application of
scientifically progressive silvicultural practices).
Section 14 places seven requirements on sales of timber on National
Forest System lands.
Subsection (a) authorizes the Secretary to sell trees, portions of
trees, or forest products located on National Forest System lands. This
authority is to be exercised to achieve the policies set forth in the
Multiple-Use Sustained-Yield Act and the Forest and Rangeland Renewable
Resources Planning Act, as amended. The Secretary is required to sell at
not less than appraised value so that the United States will obtain fair
market value for timber and forest products.
Subsection (b) requires that those timber sales which are advertised
shall be shown on suitable maps, and the sale map and prospectus shall
be made available to the public and interested potential bidders.
(Although these practices have been widely applied by the Forest Service
in timber sales, this requirement will insure that it is done for all
advertised sales.)
Subsection (c) provides that the duration of the contract and the
other contract terms shall be designed to promote the orderly harvesting
of the timber included in the sale. Such contract terms must ++EP++ be
consistent with the principles set forth in section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended. % %
% %
Although timber sales contracts may be for fewer years, they may not
be for longer than ten years, unless the Secretary makes a finding that
better utilization of the various forest resources, consistent with the
principles of the Multiple-Use Sustained-Yield Act, will result from a
sale for a period of longer than ten years. The ten-year period may be
adjusted to provide additional time if delays in contract performance
are due to acts of agents of the United States or to other circumstances
beyond the purchaser's control. The purchaser is to prepare and file, as
soon as practicable after a contract has been executed by the parties, a
plan of operation which is to be approved by the Secretary. Revised
plans would also be subject to the Secretary's approval. The plan of
operation requirement only applies to contracts for an advertised sale
with a term of two years or more. The Secretary is not to extend any
contract period with an original term of two or more years unless he
finds that the purchaser has diligently performed under an approved plan
of operation, or that a contract extension would be in the public
interest.
Subsection (d) requires the Secretary to advertise all timber sales,
but there are no requirements (as in the 1897 Act) for advertisements
for thirty days in one or more newspapers of general circulation. This
gives the Secretary greater flexibility in the length of time for
advertising and in the means used. Where extraordinary conditions,
exist, which are to be spelled out in regulations, or where the value of
the timber or products to be sold is less than $10,000, no advertising
is required. This increases the present ceiling of $2,000 for
non-advertised sales and eliminates advertising in emergencies, such as
fire salvage sales where rapid removal is necessary to reduce loss of
timber and revenue. Further, sales may be made without advertising where
the timber has been offered for sale by advertisement and no
satisfactory bid is received, or where the bidder fails to complete the
purchase. The provision of the 1897 Act that timber previously
advertised but unpurchased may be sold "in quantities to suit
purchasers" is eliminated. Sales of such timber will be subject to the
same management requirements as timber initally offered for sale.
Subsection (e) authorizes the Secretary to dispose of, by sale or
other means, trees, portions of trees, or other forest products in
connection with research and demonstration projects. (This new authority
does not preclude the Secretary from using any other authorities he has
under existing law, such as free use under the 1897 Act.)
Subsection (f) requires persons employed by the Secretary of
Agriculture to designate the trees or other forest products to be
harvested, to mark the trees or forest products when the marking of
individual trees or forest products is considered necessary, and to
supervise the harvesting operations. (The existing provision of the 1897
Act, as interpreted by the courts, requires the marking of the
individual trees to be cut and removed, as well as designating the sale
area.) Subsection (f) will provide the Secretary with sufficient
flexibility to indicate the timber to be harvested by designating an
area in which all timber will be cut, where trees to be cut will be
marked or where trees to be left will be marked. The subsection
incorporates the provisions ++EP++ of the 1897 Act that persons who
supervise timber harvesting shall have no personal interest in the
purchase or harvest of such products and shall not be directly or
indirectly in the purchaser's employment. % %
% %
Subsection (g) provides that the Secretary shall establish
utilization standards and methods of measurement for removal of trees,
portions of trees or forest products to achieve optimum practical use of
wood material. In developing such standards, consideration is to be
given to opportunities to promote effective wood utilization, regional
conditions, and species characteristics. In keeping with requirements
for balance land-use management, utilization standards are to be
compatible with multiple use resource management objectives for the
areas involved. (However, it is not necessary that a tree, once cut, be
entirely removed from the forest, as recent court decisions have held is
required under the 1897 Act.) To accomplish the purposes of subsection
(g) in situations involving salvage of timber which is dead, down,
insect-infested, or damaged (for example, by fire or disease), the
Secretary is authorized to require purchasers of such timber to make
deposits of money, in addition to the payment for the timber, to cover
the Government's cost for design, engineering, and supervision of the
construction of needed roads and the cost for supervision of the
harvesting of such timber by Forest Service personnel. This authority is
similar to that for deposits for forest improvement work under the
Knutson-Vandenberg Act (16 U.S.C. 576-576b) and for brush disposal under
the Act of August 11, 1916 (16 U.S.C.490).
Without the money available from these deposits to cover the cost to
the Forest Service of supervision of road construction and timber
harvesting, the Forest Service might not be able to salvage timber from
the forests to the degree intended. Hence, it is intended that these
funds be immediately available upon deposit for these purposes.
Subsection (a) of section 15 validates all timber sales entered into
prior to the enactment of the bill under the Secretary's authority in
the Act of June 4, 1897 (16 U.S.C.476), subject to the provisions of
subsection (b). To the extent the terms and conditions of existing
contracts permit, they are to be made consistent with land management
plans as provided by section 6 (f) of the Forest and Rangeland Renewable
Resources Planning Act of 1974, as amended.
Subsection (b) provides that the validation of the three existing
fifty year timber sale contracts in Alaska is subject to the
Congressional direction to the Secretary to revise such contracts in
developing five year operating plans to make them consistent with the
guidelines and standards provided for in the bill. The Secretary is also
directed to collect the additional costs of such revisions to the
purchaser in the contract price of the timber included in the contract.
Contract revisions made will be subject to subsequent court review and
are not to be inconsistent with those provisions of the contract which
are valid, as determined by the final judgment of a court of competent
jurisdiction in the event it is necessary to determine valid contract
rights through litigation.
Section 16 amends the Act of May 23, 1908, as amended, and the Act of
March 1, 1911, as amended, by adding a provision which ++EP++ requires
that all amounts earned or allowed any timber purchaser as purchaser
credits in timber sale contracts for the construction of roads on the
National Forest Transportation System and all collections under the
Knutson-Vandenberg Act of June 9, 1930, are included as "moneys
received" against which the percentage authorized by the provisions of
the foregoing Acts is applied for determining the amount payable to any
State for public schools and roads. % %
% %
The amounts collected pursuant to the Knutson Vandenberg Act are
deposits of money in addition to the payments for timber. Although these
deposits may result in a stumpage price below that which would have been
paid if no deposits were required, the money deposited is not "money
received" under the twenty-five percent payment-to States provision of
existing law. The amendment adds these deposits to "moneys received,"
and the States will receive twenty-five percent of such deposits. As for
purchaser credits, an estimated cost for constructing roads on the
National Forest Transportation System is established as purchaser
credits in the timber sale contract. As the road is built, the purchaser
"earns" or is "allowed" credits equal to the cost of construction. The
road is not, however, paid for through the use of credits toward timber
purchase until the value of timber harvested by the purchaser is set off
against the earned or allowed credits.
Under the amendment, the earned or allowed purchaser credits used
through set off against the value of timber which would otherwise have
produced receipts will be included in "money received," and States will
receive twenty five percent of that amount.
The section 16 amendment also provides that the Secretary of
Agriculture is required, from time to time, as he develops estimates of
National Forest revenues, to make available to States current
projections of revenues and estimated payments to be made under the Act
of May 23, 1908, as amended, or any other special acts making payments
in lieu of taxes, for use by States for local budget planning purposes.
Subsection (a) of section 17 abolishes the National Forest
Reservation Commission established by the Act of March 1, 1911, and
transfers all functions of the Commission to the Secretary of
Agriculture.
Subsection (b) requires the Secretary to prepare an annual report of
all land purchases and exchanges relating to the National Forest System,
and to submit the report to the Congress as a part of the report
prepared in compliance with redesignated section 8 of the Forest and
Rangeland Renewable Resources Planning Act of 1974, as amended. This
report is to provide information to aid the Congress in its oversight
responsibilities and to improve the accountability of expenditures for
forest land acquisitions. Included in the report is to be an evaluation
of purchase price criteria and guidelines used by the Secretary in
acquiring forest land.
Section 18 amends section 3 of the Knutson-Vandenberg Act of June 9,
1930, in two ways. First, the amendment eliminates the proviso which
limits the total amount of money any timber purchaser can be required to
deposit to an amount not to exceed, on an acreage basis, the average
cost of planting other comparable National Forest lands during the
previous three years. The repeal of the proviso permits deposits ++EP++
of amounts which more reasonably relate to the cost of planting lands
harvested by timber purchasers. % %
% %
Secondly, the amendment adds another purpose for which deposits may
be required of the timber purchaser. The cost to the United States of
protecting and improving the future productivity of the renewable
resources of the forest lands on the sale area, including sale area
improvement operations, maintenance and construction, reforestation and
forest habitat management, may be included in the deposits requirement
of timber sale contracts.
Section 19 amends the Act of June 12, 1960, by adding a new section 8
providing that the Act may be cited as the "Multiple-Use Sustained-Yield
Act."
Section 20 amends section 4 of the National Forest Roads and Trails
Systems Act of October 13, 1964, by striking out the proviso in that
section. The proviso provides that, in financing forest development
roads, where roads of a higher standard than those needed in the
harvesting and removal of the timber and other forest products covered
by the particular sale are to be constructed, the purchaser is not
required to bear that part of the costs necessary to meet the higher
standard. The purchaser does not actually bear the cost of road
construction because purchaser credit is provided in the timber sale
contract, which reduces the price paid for the timber. The elimination
of the proviso will permit roads to be placed in locations and built to
standards which better serve present and future uses and reduce in the
long run the amount of funds necessary to obtain an adequate road
system. The total amount of road construction funds obtained by
purchaser credit and by appropriation are now subject to Congressional
determination under section 10 of the Forest and Rangeland Renewable
Resources Planning Act of 1974, as redesignated by the bill. ++EP++
SRP SENATE REPORT
760514 (PART 6 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091, S 2926, S 2851
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
COMMITTEE CONSIDERATION (PAGES 25 TO 43)
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The Committee on Agriculture and Forestry, as part of its oversight
function, has been continuously reviewing the actions of the Forest
Service. With the passage of the Forest and Rangeland Renewable
Resources Planning Act of 1974, new direction was provided for the
management of National Forest System lands.
In the period since enactment of that legislation, it has become
clear to the Committee that changes are needed in order to manage these
lands in a manner consistent with the principles of multiple use and
sustained yield.
Great advances have been made in the field of silviculture and its
related effects on the forests' renewable resources. These advances are
being accomplished through research and development, both public and
private.
In 1975 the decisions by the Fourth Circuit Court of Appeals and the
Federal District Court of Alaska, further focused attention on the need
for legislative reform of Forest Service management practices. These
decisions, based on a strict interpretation of the 1897 Organic Act,
allow the sale of only dead, physiologically mature, or large trees on
National Forest System lands which have been individually marked and
which will be completely removed.
The growing interest in the management of National Forest System
lands is evidenced by the introduction of three major bills: S. 3091
(the Humphrey bill), S. 2926 (the Randolph bill), and S. 2851 (the
Stevens and Gravel bill).
The Humphrey bill and the Randolph bill provide for comprehensive
management of the National Forest System lands, consistent with the
principles of multiple use and sustained yield. Both bills enunciate the
need for the interdisciplinary approach to land management and establish
the mechanism for such management.
The Gravel and Stevens bill aims at temporary resolution of the
situation in Alaska that resulted from the decision of the District
Court.
The Subcommittee on Environment, Soil Conservation, and Forestry,
held three days of joint hearings with the Subcommittee on Environment
and Land Resources of the Committee on Interior and Insular Affairs, on
March 15, 16, and 22, 1976.
These hearings were most instructive. The views of the Department of
Agriculture, the timber industry, various conservation and wildlife
groups, State and local officials, interested citizens, professional
foresters, and the deans of the schools of forestry at various
universities were received. ++EP++ % %
% %
The Committee shares jurisdiction with the Committee on Interior and
Insular Affairs over the National Forest System. In recognition of the
need for swift action on forestry legislation, the Committee held four
days of joint committee markup with the Committee on Interior and
Insular Affairs. The result of the markup was a decision by the
Committee to report S. 3091 to the Senate with certain amendments.
S. 3091 directs "what" the National Forest System will be managed for
and then provides the resource manager the flexibility, through the
planning process, to determine "how" this direction can best be met on a
specific land area with the opportunity to change or modify the
management prescription based on new knowledge.
Because of the need for long-term planning of natural resource
management, the Committee did not wish to enact temporary or partial
authority to resolve the conflict resulting from the court's
interpretation of the 1897 Act.
The National Forest System contains a wide range of climatic
conditions, topography, geologic and soil types, vegetative covers, and
wildlife. Because of this natural diversity, it was decided it would be
unwise to legislate national prescriptions such as contained in S.
2926. The Committee realizes however, that many of the objectives of S.
2926 were important. Many of the Committee's amendments are based on
concepts based on S. 2926.
Two issues, the resolution of which have tremendous consequences on
the management of National Forest System lands, are: (1) what approach
should be taken to insure a sustained yield of the timber resources,
while providing for the renewability of the other forest resources; and
(2) to what specifications should roads on the System be constructed and
how should this construction be financed.
The Committee, in reaching its decision on the issue of sustained
yield, recognized the importance of the issue to overall National Forest
management policy.
Section 5 of S. 3091, as reported, amends the Forest and Rangeland
Renewable Resources Planning Act of 1974, to add criteria for the
Secretary of Agriculture to follow in specifying guidelines to be
applied in setting harvesting levels on National Forest System lands.
Section 11 of S. 3091 also adds a new section 13 to the 1974 Act. It
sets the limits for the sale of timber from each National Forest to a
quantity equal to or less than a quantity which can be removed from each
forest annually in perpetuity on a sustained yield basis.
The annual limitation may be exceeded from time to time so long as
sales over any 10-year period do not exceed such quantity limitation.
++EP++ % %
% %
Where a National Forest has less than 200,000 acres of commercial
forest land, two or more forests may be combined for the purpose of
determining sustained yield. The limitations do not prevent exceeding
the planned level in order to salvage timber stands substantially
damaged by fire, windtrow, or other catastrophe.
In amending S. 3091, the Committee considered various suggestions
about the sustained yield levels appropriate for the various resources
on the National Forests. The 1897 Organic Act and the Multiple-Use
Sustained-Yield Act of 1960 outline the purposes for which the National
Forests may be established and shall be managed. The 1960 Act defines
multiple use and sustained yield in terms of all renewable resources of
the National Forests.
The Committee considered three alternative policies for establishing
timber harvest levels.
The first policy would permit a rapid and significant increase in
annual harvest levels now, despite the fact that this would lead to a
decline in harvest levels in the future. This increase would come from
currently mature timber, most of which is on Western National Forests.
The second policy would substantially reduce the annual harvest
levels now and stress managing trees to an age when they reach
physiological maturity.
The third policy would establish a harvest level at the quantity
which can be removed in perpetuity on a sustained yield basis, as
provided in the 1960 Act.
The rapid, widespread cutting of currently mature trees may well be
an advisable practice on privately held lands where the basic management
objective is maximuzing short-term economic returns. The Committee
belives, however, that such practices are incompatible with the
management of the National Forests, where decisions must be based on the
numerous public values of the forest, in addition to economic returns.
The Committee also recognized that a system of harvest designed to
concentrate attention on developing mature stands of large trees could
fill a desire for supplies of such material but would reduce yields and
affect other values.
The Committee concluded that managing the timber resource on a
sustained yield basis is the most advisable means of guaranteeing a
continuous flow of timber and related resources to meet the needs of the
American people as called for by the 1897 and 1960 Acts. This approach
also provides the best assurance that the other forest resources will
not be subjected to sudden potentially adverse changes or disruptions.
The approach adopted by the Committee (1) means that allowable timber
harvest levels can be increased where justified by management practices,
(2) specifically permits the annual harvest to vary, and (3) permits the
planned output over a decade to increase.
Indeed, the Committee expects that the allowable harvest will
increase if the intensified management programs called for by the Forest
and Rangeland Renewable Resources Planning Act of 1974, as amended by S.
3091, are implemented. ++EP++ % %
% %
An adequate transportation system is a basic requirement for
effective multiple-use management and protection of renewable resources.
The subject of roads on the National Forests has been a matter of
continued concern to the public and to the Committee.
Concerns expressed at the hearings cover a wide range
The concerns expressed at the hearings on S. 3091, S. 2926, and S.
2851 cover a wide range,
Roads are often built at too high a standard which creates more land
disturbance and cost than is required to provide adequate, safe
transportation,
Roads are often a major sources of soil and water degradation and
remove forest land from production of resources,
More roads are needed to effect better management,
Fewer roads are needed (roads have been used to prevent creation of
wilderness),
More roads are needed to effectively manage and protect the forest
and to secure the best yield of goods and services,
Timber purchasers are made to build too many high cost roads for uses
well beyond the particular timber sale.
Timber purchaser roads are often not designed for effective land
management,
Roads are closed off to recreational use after timber harvest and
should remain open to use,
Roads not needed should be closed off and allowed to revert to
vegetative cover,
More roads should be built as a part of the timber sale process
despite the impact on purchasers and payments to counties. More roads
should be built with appropriated funds in advance of active
development; and
The issue focused
Roads impact on resources and program objectives. Their location and
timing for installation have direct impacts on programs for resources.
Roads are financed in two ways,
(1) Direct appropriations are made, the road is constructed in
advance of need. When timber is sold, its value is greater than an
identical tract not served by roads. Thus, the "cost" of the road
is recaptured by increased revenue; and
(2) The timber contract requires the successful bidder on the
timber to construct the road. Its estimated cost for the needed
road is deducted from the price of the timber. While
appropriations are avoided, revenues are reduced, thus the
budgetary impact is similar to using a direct appropriation.
However, under current law the secondary fiscal impact is to
reduce payments from revenues to counties by 25 percent of the
estimated road cost. Thus, this system has two problems, not only
does it require the purchaser to initially advance the capital to
build the road, recapturing the advance through reduced timber
prices, but also the counties' payments are affected. Further, the
road network may not meet broad management needs. ++EP++
% %
% %
There has been a major shift away from use of appropriated funds for
permanent road construction to requiring timber purchasers to build the
roads as a condition of the timber sale contract. This lowers the
selling price of the timber and thus reduces the revenue sharing
payments to States and counties.
Large volumes of timber are lost because they cannot be reached on a
timely basis. A sustained yield harvest at optimum levels cannot be
achieved it, in fact, substantial annual losses occur in unroaded areas.
Many factors affect the "value" of timber. The less risk associated
with a sale, the greater its salability. Where values are low,
utilization opportunities are limited, costs to convert are high, and
delays may occur due to absence of a road. The appraised value may
therefore below and risk allowances would be greater.
In some cases, the condition of the forest requires action to remove
those trees which can impact on the rest of the forest. The "value" of
the timber in any case should be determined in the market, with every
effort to make marginal sales as risk free as possible.
The Act of October 13, 1961 authorized the reduction in the price of
timber to cover the estimated cost of permanent roads to be constructed
by timber purchasers. That Act also stated that timber purchasers would
not be required to bear the part of the cost of such roads needed to
provide a road of a higher standard than needed to harvest and remove
the timber on that particular sale. This has been commonly referred to
as the "prudent operator" approach. The language of the Act was, in this
regard, unfortunate. The practice, prior to the specific authorization
and subsequent to the passage of the Act, was not to have purchasers
bear the cost. What has borne the cost of roads is the timber.
It was never contemplated when the 1961 Act was enacted that the
timber purchasers' device, which then covered constructing roads with a
"value" and revenue impact estimated at about $50 million (with negative
impacts on counties at $12.5 million) would grow 12 years later to one
with over $210 million in revenue impact (and a $52.5 million negative
impact on counties). ++EP++ % %
% %
Nor was it contemplated that the 50-50 balance between direct
appropriation and purchaser construction would change to a 5-95 ratio,
as is now the case.
The Committee's intent that roads shall be well planned, and that
they will be carefully designed for intended uses. The management plan
and the transportation plan will be integrated documents assuring that
permanent roads will be built where needed and temporary roads where
needed. These plans will set proper standards so that overbuilding will
be avoided.
The on-site and off-site impact of on soil, water, and renewable
resources is a matter of growing concern. For natural resource roads,
there is a substantial need to recognize that the problems created are
far different from those that result from decisions on major arterial
highways.
The Committee adopted several changes in National Forest road policy.
Sections 8 and 16 of S. 3091, operating in conjunction with redesignated
section 10 of the Forest and Rangeland Renewable Resources Planning Act
of 1974, and the Act of October 13, 1964, will operate as follows,
1. Road funding devices will be evenly considered since there
will no longer be a presumed advantage to favoring a system with
fiscal impacts disadvantageous to local governments.
2. Road network decisions will be based on long-term needs.
Multiple use roads will be planned for a sustained yield of
multiple resources.
3. Road standards will be better tailored to intended uses,
considering safety, cost of transportation, and impacts on lands
and resources.
4. Timber purchasers who have been typing up working capital in
excess of $200 million annually will no longer be expected to
build major roads as a condition of purchasing timber. The issue
has not been whether they are or are not compensated for building
such roads. Timber purchasers are purchasers are compensated. The
issue is whether this system of timber revenue reduction to
finance road construction should relied on so heavily and used so
indiscriminately.
5. Timber purchasers will be expected to construct only those
road, permanent and temporary, where such roads are the best
available alternative.
6. The network of needed roads will be planned and well
executed, using non permanent and permanent roads, as appropriate.
Non-permanent roads and roadways will be designed to the extent
feasible for early return to the resource production base. 7. The
impact of roads and roadways as contributors to erosion, soil, and
watershed losses should be a stronger factor in design, location
and construction of roads.
Inappropriate road standards result in unnecessary expenditures of
appropriated funds or reduced revenues to the Treasury for construction
++EP++ and may cause environmentally harmful impacts. % %
% %
The Committee concluded that more effective reforms are needed to
assure that road standards are properly determined so that excessive
construction is avoided while providing an efficient transportation
facility.
The limitation on the standard of road which a timber purchaser could
be required to construct under section 4 of the Act of October 13, 1964,
has led to the construction of some roads of a lower standard than
needed for future use of the road. Later reconstruction of such roads
creates additional costs and possible environmental impacts. The
Committee decided that the Standard of roads to be rests squarely with
the Secretary as part of his responsibility for management of the
National Forest.
The timber purchaser does not pay for these roads; they are paid for
by the Government as a credit which reduces the price paid into the
Treasury for the timber.
Section 4 of the 1961 Act was intended to minimize the impact of
constructing roads for the permanent transportation system as part of a
timber sale. With the change in the method of calculating payments to
States proposed in section 16 of the Committee bill, the need for this
provision is removed.
In those cases where the needed standard of road would result in a
sale with less than a normal profit opportunity, the Secretary can use
his authority to allocate appropriate funds for all or part of the cost
of building roads in the approved transportation plan.
The Act of May 23, 1908, and the Act of March 1, 1911, require that
25 percent of all moneys received from each National Forest be land, at
the end of each fiscal year, to the State in which the National Forest
is located. The payment be expended as the State legislature prescribes
for the benefit of schools and public roads of the counties in which the
National Forest is located. For the purpose of calculating the required
payments, receipts from the sale of forest products are based upon the
stampage payment of the timber sold.
Section 16 of S. 3091 would revise the base from which the 25-percent
payments to counties are calculated by including, as moneys received --
(1) Deposits collected under the Act of June 9, 1930 (the
so-called Knutson Vandenberg Act) which are used for reforestation
and timber stand improvement wihin the National Forests timber
harvest areas, and
(2) Credits earned and used on payment for timber by purchases
of National Forest timber and other forest products upon
satisfactory construction or reconstruction of permanent roads on
National Forest System lands which are specified in the timber
sale contracts.
The Committee recognizes the complexities which surround existing
payments to States and local governments from receipts generated by the
National Forest System and other Federal land. A broad range of
alternative adjustments was considered by the Committee. The two
adjustments agreed to would, in the Committee's judgement, provide a
much needed increase in payments to States and counties in which there
are National Forests will minor effects on the Federal budget. ++EP++ %
%
% %
The inclusion timber purchaser road credits in the base for the
25-percent payments would help correct an inequity to the States and
counties that has developed during recent years as the Forest Service
has increasingly relied on the timber purchaser road credit mechanism
for road construction within the National Forests. While the Committee
agrees that counties should receive 25 percent of timber purchaser road
credits actually utilized in payment for National Forest timber and
other forest products, the Committee does not intend to provide payments
in excess of the amounts that would have been made had no timber
purchaser credits been utilized. In other words, section 16 of the
Committee bill will require the Secretary of Agriculture to include, in
the base for the 25-percent payments, timber purchaser road credits
actually utilized in lieu of cash during each fiscal year for the
payment of timber and other forest products.
However, timber purchaser road credits earned or allowed but not
actually utilized in payment for timber during each fiscal year, will be
included in the for 25-percent payments for that fiscal year. Such
credits shall be included in the base for the 25-percent payment for a
subsequent year in which they are actually utilized.
The Committee wishes to emphasize that S.3091 does not change the
basis national forest management objectives and policies set out in the
1897 Organic Act and the Multiple Use-Sustained-Yield Act of 1960.
Other issues addressed by the Committee included the following items,
The Committee adopted seven findings as an amendment to the Forest
and Rangeland Renewable Resources Planning Act of 1974. Findings (5) and
(6) recognize the importance of private and public land owners in
achieving national interests.
The Committee does not in any way intend the Forest Service to assume
the management of private timber lands. However, the Committee does
intend that the Forest Service will make its knowledge and experience
available to the private land owners toward improved management on these
lands.
The Committee in its consideration of findings strongly supported the
need for the Assessment which covers both public and private land. Also
of concern to the Committee was the need to improve the utilization of
the forest and forest prodccts. One of the steps necessary to this
improved utilization is a comprehensive assessment of the additional
opportunities to expand the potential of the National Forest System to
provide fiber for the Nation. The Committee is aware that information is
collected on forest mortality, growth, and salvage potential. It is,
however, the Committee's intent in providing for a specific report on
the additional fiber potential in the National Forest System, to go
beyond the present procedures consider all the various factors relating
to fiber utilization including mortality, growth, salvage potential,
potential increased forest products, sales, ++EP++ economic constraints,
alternative markets, contract consideration, and other multiple use
considerations. % %
% %
Although the emphasis in on the National Forest System it is not
intended that the relationship of these same factors to other lands be
ignored in the Assessment, but rather the National Forest System is an
area of priority for in-depth assessment. The report on fiber potential
is to be a part of the 1980 Assement and subsequent Assessments.
Currently available information indicates dead timber makes up a
substantial portion of our Nation's forest resource. This material
presents usable volumes, volumes that can be left in the woods for
habitat, nutritional purposes for forest soils and for a variety of
purposes. We need to know more about this fiber and if through our
future forest management efforts, more fiber can be made available
through improved management of our forests.
The Committee adopted a refinement of the Forest and Rangeland
Renewable Resources Planning Act which more specifically identifies the
scope of the recommendations to be included in the Renewable Resource
Program.
In addition to the direction already contained in the basis Act, the
Program will include an evaluation of the objectives of the major Forest
Service programs, including research, cooperative programs, and
management of the National Forest System, and an explanation of
opportunities for landowners to participate in programs to improve
productivity of their lands for renewable resources.
As a basic guideline, Program recommendations will recognize the seed
to protect and, where appropriate, improve the quality of soil, water,
and air resources. The Program recommendations will specifically state
national goals for resource management which clearly recognize the
relationships between, and interdependence within, the various resources
and the bearing of each resource to the total Program.
The Committee extended the time period for congressional review of
the Statement of Policy from 60 to 90 days, to allow the Congress more
time to evaluate and action the Statement of Policy.
The Committee believes it desirable to more clearly relate the
Program to the appropriation process and to provide a mechanism for this
Committee to exercise its responsibility for Forest Service activities.
It is the Committee's view that the Renewable Resource Program should
adequately funded in order to assure that the management objectives of
multiple use and sustained yield are obtained. It is also the
Committee's intent that there be a balance within Program and that such
balance is maintained at whatever of funding is provided.
The Committee desires that constructive communications exists between
the Executive Branch and the Congress on the amount included in the
President budget request in relation to the policies in the approved
Program and statement of Policy. To achieve this end, If the budget
request fails to meet the policies of the Program and Statement, the
Committee concluded that, the Director of the Office of Management and
Budget should appear before affected responsible authorizing Committee
to explain the budget request. ++EP++ % %
% %
The Forest and Rangeland Renewable Resources Planning Act of 1971
provides a comprehensive process for the development of an Assessment
and Program. The emphasis in that Act is to establish a process to
develop a national Program of research, cooperative forestry, and
National Forest System management that will meet the needs of the
American people. In order to achieve the goals of the Program, the
Secretary of Agriculture is directed by section 5 of S. 3091 to develop,
maintain, and revise land and resource management plans consistent with
priniciples of the Multiple-Use Sustained-Yield Act of 1960.
Section 5 requires two major actions by the Secretary. First, he is
to set out in regulations the process for the development and revision
of land management plans, and second, he is to establish guidelines
which will apply to land management planning for the National Forest
System. Related provisions also provide for appropriate consistency in
resource plans and authorizations for the use and occupancy of National
Forest System lands. These actions will provide broad guidance so that
on the ground action by the forest manager will be effective in securing
sound multiple-use policy.
S 3091 provides for public participation in the formulation and
review of proposed plans.
The Committee intends that land management planning and the
formulation of regulations to govern the planning process shall be
accomplished with improved opportunity for public participation at all
levels.
In requiring the Secretary to promulgate regulations that set out the
land management planning process, the bill specifically requires that he
describe how the interdisciplinary approach will be used, the type of
plans that will be prepared and their relationship to the Program, the
procedures to insure public participation, and the procedures for
coordinating the preparation of land management to insure that they are
prepared in accordance with the National Environmental Policy Act of
1969. The regulations are to be consistent with Council on Environmental
Quality guidelines, providing direction for situations requiring
preparation of an environmental impact statement. The provision
referring to the National Environmental Policy Act is neither intended
to enlarge nor diminish the Forest Service's responsibilities under the
Act.
A major Committee action was the adoption of a probision directing
the Secretary to appoint a temporary committee of scientists from
outside the Forest Service to provide scientific and technical advice
and counsel on proposed guidelines. The Committee believes that this
technical advisory committee will help assure a broad based,
interdisciplinary, technical review. The committee is to function during
the two year period when the regulations are developed. It may be
reconstituted at a later date if needed. ++EP++ % %
% %
Since under the provisions pertaining to the promulgation of the
regulations, the regulations are to be completed in two years, the
Committee adopted a provision whereby interim procedures would be
adopted by the Secretary within 120 days. Management activities could be
carried out in accordance with existing regulations and the interim
procedures, when adopted, until the final regulations are published. It
is anticipated that the interim procedures will consist entirely of
existing Forest Service directives. It is not intended by the Committee
that the interim guidelines should require the preparation of an
environmental impact statement since this is not new Federal action
Therefore, it is the Committee's intent that a new environmental
impact statement would only be required if interim guidelines differ
significantly from the current Forest Service guidelines.
Resource plans and permits, contracts, and other instruments for the
use and occupancy of the National Forest System lands shall be
consistent with land management plans. At the time a land management
plan or revised plan is approved, there may be in existence any number
of uses or occupancies granted or authorized by the United States
pursuant to law on the area of National Forest System land covered, to
be covered, by the plan. Such uses or occupancies may include contracts
fot the sale of timber or other forest products, easements, leases,
permits and licenses for a variety of purposes; grazing, recreation
facilities, mining development, utilities, public works, power
development and transmission rights-of-way, among others. The Committee
experts the Forest Service as soon as practicable, to bring all
activities into conformity with the land management plans, object to
valid existing rights.
The Committee bill directs that guidelines be developed by the
Secretary of Agriculture for the land management planning process.
While planning guidelines will apply at all levels, there is not to be a
national land management presciption. The general framework for the
plans and appropriate management direction would be established on a
national basis. The Secretary may also provide for appropriate guidance
to apply to specific geographic areas and he will describe the type of
plans that will be prepared and the relationship of those plans to the
Renewable Resource Program.
The detailed application of this framework and direction would be
reflected in individual plans.
The guidelines to be developed to guide land management plans fit in
four basic categories; resource inventory, multiple use coordination,
timber harvest guidelines and research and evaluation.
The Forest and Rangeland Renewable Resources Planning Act of 1974
provides broad direction that, as part of the Assessment, the Secretary
shall develop a comprehensive renewable resource inventory. The
Committee bill specifies that guideline be developed to identify ++EP++
land suitability, provide for obtaining inventory data on the various
renewable resources and soil and water, and provide for methods to
identify special resource hazard conditions. % %
% %
The Committee believes that in the development of land management
plans, the land manager must pay particular attention to the
identification of land suitability and capability for various types,
levels, and combinations of resource use, the methods for securing basic
resource data, and special resource relationships where hazards exist
for the various resources.
S. 3091 directs the Secretary to develop guidelines based on the
principles of the Multiple-Use Sustained-Yield Act. The Committee drew
together the basis concepts of the various proposed bills on forest
management, and the harvesting guidelines contained in the March 1972
Report, Clearcutting on Federal Timberlands, by the Subcommittee on
Public Lands of the Senate Interior and Insular Affairs Committee
Consideration was given to guidelines which would be applicable to
all resources, such as: to insure consideration of the economic and
environmental aspects of various systems of renewable source management;
to provide for diversity of plant and animal communities based on the
suitability and capability of the land; to recognize the requirements
necessary to coordinate the uses on areas identified as special
provisions to protect soil, water, esthetic, and wildlife resources
where conditions are critical for tree regeneration or where the land is
sensitive to the impact of timber harvest. The Committee also adopted a
provision that the guidelines specify how the expertise of affected
State agencies, such as wildlife conservation agencies, will be obtained
as part of the technical base for the preparation of land management
plans. management plans.
The requirement in S. 3091 that the guidelines provide for diversity
of plant and animal communities does not preclude conversion of timber
stands from one type to another. However the Committe is aware of the
widespread public concern over conversion of eastern hardwood forests to
pines. No conversion should be permitted unless it would be consistent
with multiple use management and it is provided for in a land management
plan developed with public participation and review.
In recognition of the fact that forests are extremey diverse, the
Committee concluded that are many factors which must be considered in
selecting the proper silvicultural system in order to meet management
objectives under plans. Therefore, the Committee directed that the
silvicultural systems to be prescribe should be appropriate to the
forest type and represent to current state-of-the-art in scientific
forest management
In carrying out this provision, the Committee expects that the
Secretary will identify, for logical geographical areas, the
silvicultural system or systems which have been found through research
and experience ++EP++ to provide conditions for the prompt regeneration
and growth of desirable tree species in order to meet multiple-use
objectives set forth in the forest land management plan. % %
% %
It is recognized that silviculture can be to achieve a variety of
management objectives, in addition to that of timber production.
Wildlife, watershed, recreation, grazing, protection of the forest from
insects and disease, and other multiple use objectives can be advanced
through application of various silvicultural methods and cutting
techniques. All such uses and applications should be considered in the
development of silvicultural prescriptions. In developing the
prescriptions, the Secretary is expected to utilize findings of research
by the Forest Service, as well as other sources, and to consult with the
committee of scientists established by the bill. In prescribing
silvicultural systems, the Secretary will consider all resource
objectives for the area as well as environmental factors, including
economic and social impacts.
The Committee received substantial testimony over whether the
National Forests were being managed on a sustained-yield basis, as
required by the Multiple Use Sustained Yield Act of 1960. Statements
were made that some areas believed to be marginal or submarginal lands
were included in the land base for calculating the allowable harvest,
that anticipated growth rates were too high, and that public funds were
being invested in areas of low productivity. On the other hand, the
Committee was fold that present allowable harvest rates were too
conservative and there were large opportunities for increasing timber
production from the National Forests.
The Committee developed a number of provisions designed to insure
that appropriate lands are included in the land base and reasonable
harvest levels are established as part of the land management planning
process.
S. 3091 assures that harvest levels are based on management plans and
not set by arbitrary determination. The Committee recognizes, however,
that forest lands have inherent capabilities of producing various mixes
of resources uses and that output levels will vary with the level of the
investments and intensity of the management effort.
The Committee recognizes that land management plans must be revised
on a planned basis. Harvest levels are to be based on the currently
approved plans.
The Committee was especially concerned that lands included in the
base for establishing a use or a harvest level are suitable and
available for the use and planned intensity of management. It is not the
intent of this bill to prevent the sale of marketable timber. However,
the Committee wants to insure that public funds are not invested in
growing timber for commercial purposes on areas where the anticipated
economic return is less than the cost of production. Timber harvesting
and other silvicultural practices can be utilized to achieve other
multiple use objectives, such as within habitat improvement. It expects
the Secretary to continue to utilize timber harvesting and other
cultural practices to achieve the other resource objectives on areas
where commercial production may not be feasible. ++EP++ % %
% %
In determining whether certain lands should be managed for timber
products, only direct timber production costs and returns should be
evaluated. Costs and benefits attributable to other resource values
should be excluded because of the lack of certainty involved in
assigning values to other benefits derived and the impact on multiple
use goals. On areas where timber production is not practical as a land
management objective, the costs of revegetation following harvest,
access, protection, and administration for other multiple-use purposes
are extended. The Committee also excluded the economic cost of carrying
trees for the rotation cycle.
Certain National Forest lands in the more arid portions of the
National Forest System have a relatively low growth rate. Data are not
available now on how much land falls in this category. The Committee
expects the Secretary to develop data for the 1980 Assessment and
Program, to assure that precipitous action is not taken which may have
drastic and widespread economic impacts in the Inter-mountain West or
other areas which seem to have low productivity levels. Whether lands
are of high or low productivity, often the forest values may be high,
and subject to the forces of nature that can have a beneficial or
detrimental effect on timber and other multiple-use potentials.
There are substantial opportunities ti increase future supplies of
timber through investments in reforestation and other intensive
management measures on productive sites. The Committee belives that
there should be adequate funding for these practices. When funding is
provided and intensive management practices are initiated, it is
appropriate in such forests, to increase allowable harvest rates
considering the estimated future yield increases which will result.
The Committee believes, however, that such increases should be
continued only if planned practices are carried out on schedule and
field monitoring indicates they are producing the estimated growth
response. The intent is that at various stages, when the practice has
been completed and is judged effective, the growth benefit can be
applied. It is not intended that the trees must reach marketable
condition to incorporate the benefits. At the same time, if other events
reduce growth rates or growing stock, downward adjustments would be
required. To stabilize the process, most adjustments should be made at
the 10-year revision point.
The Committee bill is designed to insure that increases in harvest
rates are instituted only when a sound basis exists for projecting
future yields and when control and monitoring procedures are
incorporated in the management plan to insure that practices are carried
out on schedule and that they produce the anticipated results.
The Secretary has applied the Multiple-Use Sustained-Yield Act of
1960 to require a relatively regular annual output of timber from each
National Forest. The Committee recognized that the Secretary needs some
flexibility to adjust harvest rates from year to year and from planning
period to planning period in order to secure long term objectives in the
terms set forth in the Multiple-Use Sustained-Yield Act of 1960. ++EP++
% %
% %
In 1972, the Subcommittee on Public Lands of the Senate Committee on
Interior and Insular Affairs adopted guidelines for clear cutting on
Federal lands. The guidelines were intended to insure that the
substantal economic benefits of timber production were achieved on an
environmentally sound basis. The Forest Service indicated that it has
generally applied these guidelines.
Recognizing the importance of the water and fishery resource, the
Committee precluded timber harvesting from areas where an
interdisciplinary review indicates that harvesting cannot be
accomplished without serious and adverse damage to water condition or
fish habitat. Where protection can be afforded harvesting can be done.
The Committee is concerned that despite previous assurances of
adequate protection for fish and wildlife habitat, significant damage is
still occurring, particularly in Alaska. The Committee believes that the
Forest Service should make greater use of the expertise of State fish
and wildlife agencies, the Fish and Wildlife Service, and the National
Marine Fisheries Service.
Activities that may affect significant fish and wildlife habitat must
be very carefully planned and monitored to assure that habitat values
are recognized and properly protected.
It is particularly important that a competent biologist should
conduct, at least annually for the duration of the sale contract, a
field inspection at the site to determine whether the recommendations
for protection of fish and wildlife habitat have been adequately
implemented and whether changes should be made.
Clearcutting and other harvest systems aimed at creating even-aged
stands result in sudden ecological change. The impacts on esthetics and
other forest values are preceived as being more immediately significant
than those associated with uneven-aged management. Therefore, the
Committee believes that special consideration is needed to ensure proper
use of these systems. This does not mean that other systems are not to
be applied with equal care.
The term "optimum method" means it must be the most favorable or
conducive to reaching the specified goals of the management plan. This
is therefore, a broader concept than "silviculturally essential" or
"desirable" -- terms considered and rejected by the Committee.
The Committee had substantial discussion over how to define when it
was appropriate to use even aged management systems. There was full
agreement that the decision should not be based solely on economic
benefits, i.e., dollar benefits or dollar returns. Rather, the full
scope of environmental effects (natural , economic and social) should be
evaluated and even-aged systems should be used only when they best meet
forest management objectives for the individual management plan.
Further, the monitoring, evaluation and research processes will be used
in the process. ++EP++
The size of clearcutting units had been a subject of wide public
comment and Committee consideration. The Committee expects the Secretary
to establish appropriate limits on size of units to be cut based on the
best available scientific evidence, management plan goals, and the
guides in this bill on overall decision making. The Committee ++EP++
expects the Secretary to write specific guidelines and hold the average
size of clearcuts as low as practicable. % %
% %
The Committee also notes that in addition to size, such factors as
the slope of cutting units, the proximity of units, one to another, the
relationship of units to natural openings, and the effect on esthetics
and other resource values mubt be considered.
However, the Committee intends that cuts will be shaped and blended
whenever possible.
The Committee intends that an overall program of on-the-ground
monitoring and evaluation, coupled with research, insure the sound
management of National Forest System lands. The land management
guidelines will provide for a regular monitoring and assessment. An
evaluation can be made and research undertaken as needed to determine
the effects of each management system in use or proposed for use. If
research or evaluation establishes that a management system or method is
producing impairment of the productivity of the land, such system or
method will be modified or discontinued. The term "impairment of the
productivity of the land" is as used in the 1960 Multiple-Use
Sustained-Yield Act.
The subject of "nutrient degradation" on forest soils is a matter of
real concern. Additional research and more comprehensive monitoring and
evaluation of nutrient degradation is a high priority example of the
benefits expected from sound application of the research and evaluation
provision of the Committee bill.
S. 3091 requires the Secretary to provide for public participation in
the formulation and review of proposed Forest Service land management
plans, and directs the Secretary to establish procedures to give other
Federal, as well as State, and local agencies, and the general public,
notice and opportunity to comment on standards, criteria, and guidelines
applicable to Forest Service programs.
The blll also requires the Secretary to establish and consult
advisory boards as he deems necessary as an additional means of
providing public participation in the planning for and management of the
National Forest System. In establishing any such board, the membership
is to be representative of a cross section of groups interested in the
planning for and management of the National Forest System and the
various use and enjoyments of lands in the System. The Secretary is to
assure that the general public and user groups, are represented in the
membership composition of the board. The provision does not, however,
require that each such group have its members on each advisory board as
long as the membership reflects a cross section of interested groups.
The Committee expects that advisory boards will be established at the
national level and for each region and National Forest. Special boards,
such as the one for the Oregon Dunes, are not affected. All boards,
however, are subject to the Federal Advisory Committee Act.
The Committee is concerned that adequate action is taken to
revegetate areas where vegetation is removed by man or natural causes.
It ++EP++ notes the long time that it has taken to begin to make
significant reductions in the backlog of land needing reforestation and
range improvement. % %
% % In order to assure a real reduction of these backlogs, the Committee
decided the Congress should receive annual reports on the status of
needed revegetation. The report will show the Congress overall funding
needs, scope of action, and other revelant information. Areas disturbed
by planned improvements need not be reported.
The Committee decided that certain changes in the Act of June 9, 1930
(the Knutson Vandenberg Act) are desirable to facilitate accomplishment
of resource management programs adopted under the Forest and Rangeland
Renewable Resources Planning Act. The 1930 Act limits the collection of
funds for sale area betterment to the average cost of reforestation on
the forest during the previous 3 years. During the recent period of
rapid inflation, this constraint has prevented the collection of
adequate funds to do needed work on many sale areas. The provisions of
the 1930 Act are also deficient in that they limit the expenditure of
funds to measures designed solely to assure and to increase timber
production , while the Multiple-Use Sustained-Yield Act requires a
broader approach.
The funds collected still must meet the basic purpose of timber
production, but there are also other multiple use opportunities on
timber sale areas which can logically and most efficiently be
accomplished along with the timber stand improvement job. Watershed and
wildlife habitat improvement are examples.
In recent litigation, the courts held that a provision in the 1897
Organic Act limited the sale of Timber from the National Forest to trees
that are dead, matured or large growth. The courts observed that this
provision may be an anachronism. The Committee concluded that it is an
anachronism and repealed the provision.
Section 14 of S. 3091 adds new provisions dealing with the
Secretary's authority to sell timber on National Forest System lands.
Under section 14 (a) of the Committee bill, the Secretary is
authorized to sell trees, portions of trees or forest products to
achieve the policies set forth in the Multiple-Use Sustained-Yield Act
and the Forest and Rangeland Renewable Resources Planning Act of 1974.
The Secretary's existing authority is expanded in order to provide for
the sale of portions of trees, logs, and miscellaneous forest products
and to give the Secretary flexibility in how he markets timber.
The Secretary has used long term sales in certain circumstances to
encourage development and utilization of the timber resource. The
Committee decided that the need for, and opportunity to make, long-term
++EP++ sales is largely past. % %
% %
Section 14 (c) of the bill limits the length of the sale to 10 years,
except that if the Secretary makes a finding that better utilization of
forest resources can be achieved, a longer term sale may be allowed. The
Committee expects that the bulk of the timber sales will be
substantially less than 10 years in length, and that extensions on any
contract will be granted only under the most urgent conditions. The
advertising requirements of the 1897 Act are retained in section 14 (d).
The Committee believes, however, that the threshold at which advertising
is required should be raised from $2,000 to $10,000. The $2,000 figure
was established many years ago when stumpage values were substantially
below current levels. The increased values have reduced the volume of
timber which can be sold without formal advertisement to a token amount
in many cases.
The Committee believes that small sales are an effective mechanism
for improved utilization of National Forest resources. They provide
employment opportunities for small operators and improved resource
utilization. The Committee encourages the Forest Service to maintain an
active small sale program. Small sale does not mean private sale. Even
for small sales informal advertisement shall be used when appropriate.
The notice objective of the sale program is to properly reach potential
interested bidders, using the most effective means to do so.
In carrying out research and demonstration projects, it is often
desirable for the Secretary to negotiate the sale or other disposition
of trees, logs or other forest products. This authority is provided in
section 14 (e).
Another issue of the recent litigation was the requirement in the
1897 Act that all trees to be sold must be both designated and marked.
The objective of marking was to ensure that only those trees which were
intended to be sold were cut. There are other techniques for controlling
the trees to be cut. For example, an area can be designated and the
trees to be left would be marked; or if all the trees are to be cut in
an area, the boundary around the cutting area can be marked at
intervals. The Committee believes the Secretary should have the
flexibility to use the most efficient means available to assure the
cutting of only trees which he wants cut. Section 14(f) requires that
designation and supervision of harvesting be done by Government
employees and not delegated to persons directly or indirectly employed
by the timber purchaser. Supervision of harvesting is intended to mean
the administration of contracts and permits.
There are substantial opportunities to supplement our supplies of
wood by obtaining better utilization of trees harvested on the National
Forests. Timber sale procedures and contracts are to be designed to
promote utilization to the extent feasible. Costs necessary to transport
low value material to locations where it may be utilized should be
recognized in establishing the appraised value of the tract. ++EP++ % %
% %
Making use of dead or dying trees was considered by the Committee.
Lack of roads, funds, and manpower are major obstacles to more effective
salvage of this timber. The sale of much of this timber could yield
significant revenues, avoid a loss of potential revenue, improve
protection of resources, and secure multiple-use benefits. The Committee
included a provision for funding a more effective salvage program.
Section 14 (g) provides procedures so that purchasers of sales involving
insect-infested, diseased, dead, damaged, and down timber may deposit
the funds needed by the Forest Service to develop and administer such
sales.
As the result of litigation over the interpretation of various
portions of the 1897 Organic Act, there is uncertainty regarding the
validity of thousands of existing contracts entered into in good faith
based on that Act. Section 15 (a) validates these existing contracts.
There was special concern over the three long-term timber sales
contracts in Alaska.
Section 15 (b) of S. 3091 requires the Secretary, in developing
five-year operating plans under the contracts, to revise the contracts
to make them consistent with the guidelines and standards provided in
the bill.
This will ensure that timber harvesting under these long-term sales
will be conducted in accordance with the same standards which would
apply to new sales in Alaska. To the extent not already authorized by
the contracts, it also provides authority for the Secretary to adjust
payment rates to reflect any changes in costs resulting from such
modifications. The provision recognizes the rights of the purchaser of
these sales to seek legal review of the actions of the Secretary under
the provision. ++EP++
SRP SENATE REPORT
760514 (PART 7 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091, S 2926, S 2851
S RED 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
DEPARTMENTAL VIEWS WITH ONE LETTER EMBEDDED (PAGES 44 TO 56)
% %
% %
In a letter to the Chairman dated March 19, 1976, the Department of
Agriculture recommended that S. 3091, as introduced, be enacted with
certain suggested amendments. The Department recommended that S. 2926
and S. 2851 not be enacted. The letter from the Department reads as
follows:
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture and Forestry,
U.S. Senate.
DEAR MR. CHAIRMAN: As you requested, here is our report on S 3091, a
bill "To amend the Forest and Rangeland Renewable Resources Planning Act
of 1974 (88 Stat. 476) and the Act of June 4, 1897 (30 Stat. 35)," S.
2296, a bill "To provide for sound forest management practices in the
national forests of the United States consistent with the principles of
multiple use and sustained yield," and S. 2851, a bill "To provide
temporary authority for the Secretary of Agriculture to sell timber from
the U.S. Forest Service lands in Alaska consistent with various Acts."
The Department of Agriculture strongly recommends that S. 3091 be
enacted with the amendments suggested herein, and that S. 2926 and S.
2851 not be enacted
S 3091 would amend sections 1, 3, and 5 of the Forest and Rangeland
Renewable Resources Planning Act of 1974. The amendment to section 1
would provide a statement of findings. The findings place emphasis on
the complexity of management of the Nation's renewable resources and the
need for a comprehensive assessment and program. They further emphasize
the role of research, the role of private as well as public lands in
meeting national needs, and the responsibility and opportunity for the
Forest Service to provide leadership in managing and conserving natural
resources. The amendment to section 3, "Renewable Resource Program,"
would further congressional direction by requiring that the Program
include national recommendation for the various renewable resources and
Forest Service programs, explain opportunities for various landowners,
and assure soil, water, and air resources. The amendment to section 5,
"National Forest System Resource Planning," would provide additional
direction for the land management planning process by requiring public
participation, and by requiring the Secretary to promulgate regulations
that set out the process for the development and revision of land
management plans and regulations that provide guidelines or requirements
for land management plans. It would also require that resource plans and
authorizations for the use and occupancy of National Forest System lands
be consistent with land management plans. Section ++EP++ 4 of S. 3091
would amend the Act of June 4, 1897, by deleting the present authority
for sale of timber and inserting new authority, thereby removing a
number of limitations on sales which have resulted from the courts
recent intrepretation of the 1897 Act. % %
% %
It would also validate existing timber sale contracts. Section 5 of
S. 3091 would amend the Multiple the Sustained Yield Act of 1960 to
capitalize the words "Multiple" and "Sustained" and retitle the act.
S. 2926 would prescribe standards, procedures or limitations as
follows: on the areas from which timber may be sold; on how
sustainedyield will be determined; on utilization standards; on the
use of even aged management and clearents, on cutting immature timber;
on the making, designating, and supervision of the cutting of timber;
on type conversions; on the length of timber sale contracts; on
preservation of natural forest ecosystems; on protection of National
Forest soil resources; on fish and wildlife resources; on multiple
use-sustained yield management plans; and on accounting methods for
Forest Service timber sales. In a number of these areas the Secretary is
required to promulgate supporting regulations. Section 17 of S. 2926
would authorize State and local governments to elect to receive annual
payments of 75 cents per acre in lieu of and in some cases in addition
to payments received under existing laws.
S. 2851 would authorize the Secretary of Agriculture to enter into
contracts for the sale of timber from National Forest lands in Alaska in
conformance with the National Environmental Policy Act of 1969 and the
Multiple Use Sustained Yield Act, notwithstanding the Organic
Administration Act of 1897. It would also grant congressional approval
of existing timber sale contracts. The authority under S. 2851 would
expire on September 30, 1977.
The president transmitted to the Congress on March 2, 1976, the First
Renewable Resource Assessment and Renewable Resource Program prepared
pursuant to the Forest and Rangeland Renewable Resources Planning Act of
1974. We believe these documents and the President's Statement of Policy
provide a comprehensive view of the Nation's renewable resources and a
program for the future. It is in the context of the Renewable Resource
Assessment and the Program that we believe the various legislative
options for new authority should be considered.
All eight possible renewable resource programs formulated during the
preparation of the Renewable Resource Program were based on the
longstanding interpretation of existing authority. Recent court
decisions have interpreted the Secretary of Agriculture's timber sale
authority under the 1897 Act to preclude the sale of any trees that are
not dead, physiologically nature, or large. This interpretation
effectively prohibits the application of scientifically accepted
forestry methods necessary to manage and perpetuate forest stands, and
not only adversely affects the timber resource but also wildlife and
other forest resource values. This interpretation has not been applied
nationwide, but if it were extended by further litigation, we estimate
that it would reduce the volume of timber available for harvest from the
National Forest System by about 50 percent. In our Renewable Resource
Program, we provide an analysis of some of the effects that a nationwide
application of the recent court decisions would impose. We also attach
as a supplemental statement to this letter a description ++EP++ of the
impacts of the court decisions. % %
% %
To resolve the conflict between the court's interpretation and
current as well as the recommended program requires new legislation.
We believe it timely to consider providing a new authority as the
Congress reviews the documents prepared in response to the direction
contained in the Forest and Rangeland Renewable Resources Planning Act
of 1974. S. 3091 would do this, while strengthening the processes
already established under existing statutes. The proposed amendment to
the 1897 Act is necessary to provide authority to carry out current
program responsibilities and to implement the program recommended in the
Renewable Resource Program. We believe it is necessary to provide the
Forest Service the flexibility to be responsive to the direction of the
Multiple Use-Sustained Yield Act of June 12, 1960. We believe that
Congress should direct "what" the National Forest System will be managed
for and then provide the resource manager the flexibility, through a
land management planning process, to determine "how" this direction can
best be met on a specific land area with the opportunity to change or
modify the management prescription based on new knowledge or changing
needs. S. 3091 furthers this approach, and we strongly recommend that it
be enacted. Although we support the emphasis on "MULTIPLE use" and
"SUSTAINED yiwls" in section 5, we do not believe it is necessary to
amend the Multiple Use-Sustained Yield Act of 1960 to provide this
emphasis. We recommend that section 5 be deleted. We also recommend
several technical or clarifying amendments which are described in the
attached supplemental statement.
The National Forest System is very diverse and contains a wide range
of climatic conditions, topography, geologic and soil types, vegetative
covers, and wildlife. Because of this diversity, we do not believe it is
desirable or practical to legislate national prescriptions as would be
done by S. 2926. We strongly recommend that S. 2926 not be enacted. It
would be very costly relative to the benefits obtained in terms of
Federal expenditures and management options foregone. It would virtually
negate the planning processes established in the Forest and Rangeland
Renewable Resources Planning Act of 1974, and thereby prevent the
development of a national perspective for the management of the National
Forest System. The prescriptions in S. 2926 tend to prescribe management
of one resource without fully considering the impact on other resources,
thus limiting the application of the multiple use principle. Such
prescriptions would also prevent utilization of present and new
knowledge and techniques developed through research and experience. The
combined effect of the limitations in S. 2926 is to prohibit the
consideration by the resource manager and interdisciplinary specialists
of otherwise sound management alternatives, thus acting as a constraint
on the policies of the National Environmental Policy Act. The effect of
S. 2926 is to legislate "how" the National Forest System is to be
managed rather than to direct "for what" it is to be managed. We
strongly prefer the approach taken in S. 3091.
Our analysis indicates that S. 2926 would have substantial adverse
effects on certain wildlife habitats and related recreational activities
restrict opportunities to provide forage for livestock, limit our
ability to protect the forest from wildlife, insect attacks and disease,
and ++EP++ would reduce annual yields of wood products by an estimated
50 percent. would reduce annual yields of wood products by an estimated
50 percent. % %
% %
We are concerned that a resultant major shift from the National
Forest System to private lands in the meeting of wood product needs
could have substantial adverse impact on private lands resulting in
rapid liquidation of mature stands and early cutting of young rapidly
growing stands. In addition, because the National Forests contain over
50 percent of the existing softwood sawtimber supplies and because the
short-term opportunities for private lands to meet national needs are
limited, the reduction in supply from the National Forests would result
in wood product shortages and increased prices. We enclose as a
supplemental statement a more detailed analysis of the impacts of S.
2926.
Because of the need for long-term planning of natural resource
management throughout the National Forest System, we do not favor the
enactment of the temporary or partial authority to resolve the conflict
resulting from the court's interpretation of the 1987 Act as contained
in S. 2851. Temporary or partial authority would leave the long-term
policy for management of renewable resource undetermined. This would
inhibit both comprehensive planning and the public and private
investments necessary for program implementation envisioned under the
Forest and Rangeland Renewable Resources Planning Act of 1974.
The Office of Management and Budget advises that there is no
objection to the presentation of this report and that enactment of S.
3091 would be in accord with the President's programs.
Sincerely,
/S/JOHN A. KNEBEL, Under
Secretary.
On page 6, line 22 and page 6, line 25 after the words "resource
plans" delete the comma and insert the word "and" to make a clear
distinction between resource plans and authorizations for use and
occupancy under permit, contracts and other instruments. On page 6, line
25 substitute the word "land" for the word "such" to make it clear that
the reference is to land management plans.
On page 6, line 24 after the word "plans" insert the following words:
"or shall be revised as soon as practicable to be made consistent with
such plans." This addition will provide for the orderly revision of
resource plans and permits, contracts, and other instruments.
On page 7, line 2 add a new sentence to read: "Any revision in a
permit, contract, or other instrument made pursuant to this section
shall be subject to valid existing rights." This provision is needed to
make it clear that the government is not taking any private rights or
other interest as part of their action in compliance with this section.
Subsection (c) would then read as follows:
(c) Resource plans and permits, contracts, and other instruments for
the use and occupancy of National Forest System lands shall be
consistent with the land management plans or shall be revised as soon as
practicable to be made consistent ++EP++ with such plans. % %
% %
When land management plans are revised, resource plans and permits,
contracts, and other instruments, when necessary, shall be revised as
soon as practicable. Any revision in permits, contracts, or other
instruments made pursuant to this section shall be subject to valid
existing rights.
Much of the basic authority for the management of National Forests
stems from the Act of June 4, 1897. The purposes of the National Forests
as stated in that Act were "to improve and protect the forest within the
boundaries, or for the purpose of securing favorable conditions of water
flows, and to furnish a continuous supply of timber for the use and
necessities of citizens of the United States." These purposes have been
shaped and refined by a number of other acts over the years. The Weeks
Act of March 1, 1911, for example, provides the authority to acquire
lands and led to the establishment of most of the eastern National
Forests. The Weeks Act directed the Secretary to identify for purchase
"such forested, cutover or denuded lands within the watersheds of
navigable streams as in his judgment may be necessary to the regulation
of the flow of navigable streams or for the production of timber." Under
these and other acts the mission of the Forest Service in the management
of the National Forests has been one of land stewardship and management
for multiple resource values. The policy of multiple use management was
clearly stated in the Multiple Use-Sustained Yield Act of 1960.
Subsequent legislation such as the Wilderness Act, the Wild and Scenic
Rivers Act, the National Environmental Policy Act, along with pesticide,
water quality, and air quality laws have further served to shape
management based on a concept of land stewardship and management for
multiple resource values to meet national needs. The Forest and
Rangeland Renewable Resource Planning Act of 1974 provides the framework
to draw together a national renewable resource assessment and a
recommended program for the activities of the Forest Service.
The Forest Service role in the management of the National Forest
System is to act as a steward of land, fully utilizing the scientific
knowledge gained by research and experience on the forest and rangelands
of this and other countries. The land is to be managed for multiple use
sustained yield benefits. It is against this background that we will
discuss the impact of the court's interpretation of the 1897 Organic
Act.
On August 21, 1975, the Fourth Circuit Court of Appeals affirmed a
decision of the Federal District Court for West Virginia pertaining to
three planned timber sales on the Monongahela National Forest. This
decision, based on a strict interpretation of the 1897 Act, allows
++EP++ sale of only dead, physiologically mature, or large trees which
have been individually marked and which will be completely removed. % %
% %
As a result, the Forest Service was required to reduce its timber
sale program in the States of Virginia, West Virginia, North Carolina,
and South Carolina to 10 percent of that planned for FY 1976. On
December 23, 1975, the Federal District Court for Alaska, in Zieske v.
Butz, adopted the conclusion of the Fourth Circuit Court, and applied
the same standards to an existing 50 year timber sale which was sold in
1951, to the Ketchilam Pupl Company (KPC). The final order, dated
February 19, 1976 enjoined and restrained the sale of trees on a
specific part of the sale area, applying the same interpretation of the
1897 Act as the Fourth Circuit Court.
The court's interpretation has a major impact on the Forest Services
flexibility to manage the vegetation on National Forest System lands.
The requirement that we only sell trees that are "dead, physiologically
mature, or large" becomes a prescription which does not recognize the
need to periodically thin trees to provide growing space nor the natural
diversity of land characteristics and variation in management objectives
between areas. The court's interpretation that trees sold must be
individually marked is primarily a question of efficiency. Our present
practice of marking boundaries of clearcutting areas or of marking
"leave trees" when shelterwood, seed tree, or thinning planned assures
that only the desired trees will be cut. We can comply with the court's
interpretation but it would increase sale preparation costs with no
public benefit from such expenditures. The interpretation regarding
removal raises the question of how complete this removal must be. We
believe our current timber sale contract requirements meet this
requirement. The requirement that we only sell dead, physiologically
mature, or large trees is the primary aspect of the court's
interpretation that affects current and proposed programs.
As a current practice, without the constraint of the dead, mature, or
large requirement, the Forest Service through land and resource
management planning evaluates the physical and biological
characteristics of a specific land area and after analysis of
alternative uses of the land and its resources develops a management
plan for the area. This plan is directed toward meeting goals for each
of the resources. The effect of the dead, matur, or large, requirement
under the court's ruling is to eliminate a number of environmentally and
economically sound prescriptions or practices necessary to grow and
perpetuate trees for many purposes.
The Fourth Circuit Court of Appeals in their decision recognized that
the 1897 Act might be outdated. The court's decision concluded, "We are
not insensitive to the fact that our reading of the Organic Act will
have serious and far reaching consequences, and it may well be that this
legislation enacted over seventy five years ago is an anachronism which
no longer serves the public interest. However, the appropriate forum to
resolve this complex and controversial issue is not the courts but the
Congress." The Government's position in the court cases was that 1897
Act, as supplementad by subsequent acts of Congress, demonstrated
Congressional approval of forestry practices, being followed by On
Forest Service. We now believe new legislation is needed for allow the
application of sound management practices ++EP++ with each prescription
based on an analysis of the specific land and resource situation. % %
% %
The dead, mature, or large requirement has two primary effects on
vegetative management and associated wildlife. First, a young forest
needs to be cared for as it grows. This means thinning is essential to
promote growth and vigor of the stand. Such thinning is also beneficial
to many forms of wildlife, since it opens the stand to allow sunlight to
reach the forest floor and promotes growth of wildlife food. Under the
court's interpretation of the 1897 Act, throughout the life of the stand
immature trees cannot be removed by sale. This means that commercial
thinning and intermediate cuts cannot be made to improve the growth and
vigor or species composition of the stand, or to open it up to improve
browse and forage conditions or favor other resource uses. These
limitations on vegetation management affect all the resource values in a
complex and interrelated manner.
Second, in the removal of sawtimber from the Forest, the definition
of physiological maturity of "individual trees" occurs at a
significantly later time than our current practice of determining
maturity which is dependent on when growth of the "stand" as a whole has
slowed materially (culmination of mean annual increment for the stand).
We estimate that harvest ages, under the court's interpretation, will
have to be established at ages about three to four times those currently
envisioned. This will mean that the forest ultimately will consist of
substantially larger and older trees than envisioned under current land
and resource management plans. Although clearcutting or other even aged
silviculture treatments can continue in such mature stands, the long
rotations will create a need to minimize reforestation investments,
thus, a shift to shelterwood cutting will take place in many forest
types. Over the long-term increasing rotation lengths will result in
reducing the annual area of regeneration cutting in stands managed on an
even-aged basis. Ultimately the entire area will be harvested but over a
longer period of time.
Based on the constraints on the type of trees that can be harvested
under the court's interpretation we estimate that volumes of timber
which can be harvested from the predominately immature eastern National
Forests in the next few decades will be only 10 percent of current
harvest levels. In the mature forests of the West, we estimate that
harvest levels will be reduced to about 50 percent of current harvest
levels. In addition, because of the increase in harvest age and
inability to harvest immature trees, a buildup in the forest of dead
material is likely to occur making the protection of the forest from
wildfiles and insect and disease attack more difficult and more costly.
This difficulty or lack of protection would have a direct effect on the
timber resource and a related effect on the other resources.
These estimates of reduced timber harvest are based on the
application of the court's interpretation to new sales and do not assume
a requirement to revise sales presently under contract. If present
contracts had to be revised, it would almost completely stop harvest
from the National Forest System until contracts were revised or new
sales developed, and the Government would face the possibility of major
lawsuits based on breach of contract arguments. ++EP++ % %
% %
The effects of the court's interpretation on wildlife in the next
several decades would be quite prominent. The reduction in the volume of
timber harvested from the National Forests and related shift in cutting
systems would result in a major decrease in wildlife numbers for those
species that dependent upon forest openings and early stages of forest
succession, such as the white-tailed deer, quail, and many song birds.
The change would enhance species dependent upon mature stands of trees,
such as squirrels. The major loss in wildlife management terms would be
the loss in flexibility to prescribe the management system most
appropriate for a given area to meet the needs of specific wildlife
species. We do not anticipate a significant impact on the fishery
resource as a result of the court's interpretation.
The court's interpretation would affect the range resource because
timber stand improvement and harvest activities, which would be
restricted, normally contribute to increases in forage production. The
opportunities to increase grazing on forested ranges in the East as part
of the recommended Renewable Resource Program would be largely lost.
The quantity of recreation opportunities under the court's
interpretation are not expected to change from current projected levels.
The quality of the various forms of recreation experience could change
depending on whether the roading system of frequency of its use changed.
Some short term gain in esthetics would result, but visual diversity
would be reduced. Effects on wildlife would affect recreational viewing
and hunting. Designated wilderness would not be directly affected by the
court's interpretation, except as the interpretation affects the
protection of the adjacent lands from fire, insects, and diseases. The
competition between the wilderness resource and the timber resource on
undeveloped lands would likely increase because of the demand for wood
products.
The primary effect on the land and water resources would be the loss
of flexibility to manage the vegetative cover to meet specified land or
water objective. As previously indicated, wildfire and insect and
disease protection would be more difficult. We have assumed that a
similar ultimate road system would be needed under either present
programs or under the court's interpretation.
We have not discussed all the effect of the court's interpretation on
the various resources. It is clear that a constraint on one aspect of
vegetative management has related effects on all other aspects.
In addition to the direct impacts of the court's interpretation on
the National Forest System land management opportunities, there are
major secondary effects on the cost of National Forest System
administration, on private lands, and on prices.
Although the volume of timber harvested annually from the National
Forest System would decrease to 50 percent, we estimate that ++EP++ the
total cost of administration would remain about the same, thus cost per
unit doubles. % %
% %
This increase in unit cost results from the requirement for a similar
road system under both the present management approach and the court's
interpretation. More acres of land would be involved to produce the same
volume of timber, Brush disposal would be more expensive, and the
requirement to individually mark all trees would increase costs. In
addition to an estimated doubling of cost per unit output, the cost of
protection of the forest from wildfire and insects and diseases would
increase.
With the estimated 50 percent reduction in timber supply from the
National Forests, private nonindustrial forest lands would have to be
the primary domestic source for filling this gap to meet timber demands.
It is difficult to predict accurately the size and location of this
shift. Regional variations in forest land ownership patterns would
influence the ability of forest industries to purchase timber from
private lands. For example, only 23 percent of commercial forest land in
the Pacific Coast States is in private nonindustrial forest ownership.
Nationwide, 59 percent is in this class. Shifts to privately-owned
timber would also be governed by forest industry purchases from
nondomestic sources, particularly Canadian. It is expected that forest
industry relocation from the West to the South would accelerate beyond
that currently taking place. The southern forests, comprised primarily
of nonindustrial ownerships, would provide an increasing share of the
Nation's wood demand.
A substantial increase in timber prices would likely occur in
association with this shift to private lands. The magnitude of this
increase is difficult to predict. Price would probably rise rapidly and
then drop somewhat as supply and demand balanced. Price increases would
lead directly to increased harvesting on private nonindustrial forest
lands.
Cutting of mature stands on private lands would be accelerated and
early cutting of young, rapidly growing stands probably would also be
accelerated to some extent. Although the higher prices for private
timber would result in some increased investment in timber production,
it is not known whether such response would be sufficient to increase
the growth enough to offset the accelerated harvest and avoid excessive
liquidation of current inventories. It in unlikely to be sufficient to
do so, since we do know that many nonindustrial private landowners have
limited ability and willingness to invest in regeneration of harvested
woodlands due to a lack of resources and an unwillingness to wait out
the long timber production period for returns on their investment.
We are concerned that a large part of the accelerated harvest would
take place without the benefit of technical assistance, from either
public or private sources. Recent research in the South has shown that
nearly three-fifths of the desirable pine forests on nonindustrial
forest lands have not been adequately regenerated following harvesting
and are converting to lower grade species.
On a nationwide basis, National Forests are most important as a
source of softwood sawtimber, the raw material base for softwood ++EP++
lumber and plywood Forest Service lands currently account for nearly one
quarter of the softwood sawtimber harvest and contain about 50 percent
of the Nation's inventory of this raw material. % %
% %
A reduction in softwood timber output from National Forests will be
quickly felt in the Nation's softwood sawlog markets. At current
production levels, a 30 percent reduction in harvest from the National
Forests would immediately result in about a 6 percent reduction in
national softwood sawtimber supply. A 50 percent reduction would result
in about a 10 percent immediate reduction in total supply. In a
relatively short time, we estimate that supplies from other sources
would rise and offset about half the initial reduction in national
supplies.
A reduction in the amount of timber products offered to consumers
would quickly result in increased prices. A number of studies and
historical experience indicate that market prices of the major timber
products are quite responsive to changes in quantities supplied to the
market. Our preliminary estimate indicates that a 50 percent reduction
in available Forest Service softwood timber would result in more than a
15 percent increase in wholesale lumber prices and a larger increase in
wholesale plywood prices for the period 1980-1990. The immediate impact
on lumber and plywood prices could even exceed the above projections.
The impact of a shortage in supply would be particularly critical if it
occurred at a time when the housing market was expanding.
In addition to these national impacts, a major reduction in the
supply of softwood sawtimber from the National Forests would have a
severe impact on certain local economies. Many areas in the West are
dependent on the National Forests for a major part of their supply of
raw material. A loss or major reduction in supply would likely force
certain mills out of business with accompanying impacts on employment
and community stability. Although National Forests supply less than 5
percent of the total hardwood sawtimber, a loss or major reduction in
supply would also have a severe impact on local dependent industries and
the related communities.
To the extent that the reductions on National Forest harvest leads to
substitution by imports or by materials with less labor intensive
production processes, there would be a reduction on employment
opportunities which would add to the current national long-term
unemployment problem.
S. 2926 would impose major limitations on the multiple use management
of the National Forest System. Although its stated purpose is to provide
for sound forest management practices consistent with the principles of
multiple use and sustained yield, it in fact provides serious
constraints on multiple use forestry by requiring specific management
prescriptions for certain areas of the country and particular species
and resources. The constraints will so limit the flexibility of the land
managers as to seriously reduce the capacity of the National ++EP++
Forest System to provide sufficient goods and services to meet national
needs, and will prevent a national perspective for management. % %
% %
The processes set forth in the Forest and Rangeland Renewable
Resources Planning Act of 1974 would be severely restricted or negated.
A number of the limitations imposed by S. 2926, such as those
pertaining to pesticides, soil resources, and fish and wildlife, would
apply to the entire National Forest System. Other limitations would
apply only to areas where timber management would be practiced
(commercial forest land). Limitations here reduce the capacity of those
lands to provide multiple uses and benefits by restricting the sale of
forest products which is presently a principal tool for vegetative
management to provide multiple resource benefits. These restrictions
take two forms: (1) Reducing the land available for timber management
(commercial forest land base). (2) Limitations on management practices.
In addition to the major impact on other resources, there is an
estimated 50 percent reduction of timber yield. About half of this
results from a reduction in the commercial forest land base. The other
half is the result of the constraints on management techniques. When
taken separately many of these limitations and constraints could result
in reductions of 30 to 50 percent, however, to some degree the
individual impacts overlap. Therefore, the overall reduction, which is a
composite, is estimated at 50 percent.
Although section 2 discusses the need to solve certain problems in
National Forest management which exist as a result of the judicial
interpretation of the Organic Act of 1897 (Monongahela decision), the
remainder of the bill in fact creates a series of ambiguities which
would create new problems of even greater long-term significance.
In section 3, the definitions either differ from the nationally
accepted definitions of the Society of American Foresters or are so
imprecise or impractical as to raise serious questions as to
implementation. For example, the term "mature" overlooks the variation
in maturity between various tree species and the stand that they occupy.
Forestry planning is conducted on a stand or forest area basis. The
definition for improvement cutting does not indicate whether improvement
cutting for purposes other than timber management is included. The
thinning definition apparently does not consider the advantages of
changing species for multiple resource benefits and improving crop tree
quality.
Section 4 would require promulgation of standards which alone would
reduce the commercial forest land base in the National Forest System by
an estimated one-third. These standards would prohibit timber management
activities on lands involving more than a modest reinvestment, wetlands,
or lands where important nontimber resources exist even though impacts
could be mitigated. This would significantly reduce the harvest
potential and the area where timber management techniques can be used to
produce or enhance other resources. Many of the requirements are
ambiguous and, therefore, protracted litigation would likely be
necessary before final determinations could be made as to the extent of
operable National Forest land.
Decisions under section 5 regarding quality and quantity of timber
produced and the flow to the market in terms of sustained yield would
++EP++ be based on new and much smaller management units, and on
maintenance of large inventories of old growth timber. % %
% %
Taken alone this section could require a reduction in potential
timber yield of an estimated 40-50 percent. Local effect could be much
more severe and could result in major dislocation of some sawmills and
plywood plants with major impacts on some communities. In some areas a
viable forest industry could not be maintained because of the irregular
supply of timber.
Utilization standards would be based on tree species rather than the
present practice of the economic utility of the wood involved. This is
an impractical approach that could not be sensitive to market
conditions. Increased costs could be expected to result.
New limitations on management methods conflict with physiological
characteristics and management needs of American forests by lengthening
the timber sale process and prohibiting domination of any single
silvicultural system and restricting certain types of cutting and
management activities. The consequences are inflexibility of management
leading to reduced capacity to meet national needs for the various
resources such as wildlife, forage, and timber.
Restrictions on the use of certain chemicals such as chlorinated
hydrocarbons, will generate major problems in controlling insect damage.
For example, Lindane is the only chemical, other than hazardous
fumigants, which is effective against wood-boring insects which attack
pines and hardwoods. This could lead to serious losses in both Federal
and adjacent private timber stands. Over the long-term it would conflict
with the purpose of the bill.
Protection of the "integrity" of the soil in all National Forest
operations would apparently amend the 1872 mining law by prohibiting
mining activities which failed to provide such protection.
Some of the specific management restrictions set forth in section 14,
Fish and Wildlife Resources, would conflict with the general purpose of
the bill. From a total fish management standpoint these restrictions
could eliminate certain accepted practices such as some fish planting of
non native fish and renovation of certain streams. The prohibition
against significant loss of habitat would be counterproductive to the
maintenance of specific plants and animals, and would lead to continual
litigation.
Management plan guidelines conflict with the Forest and Rangeland
Renewable Resources Planning Act of 1974. Priority is given to timber
which conflicts with the multiple objectives of the Multiple
Use-Sustained Yield Act of 1960 (74 Stat.215). Conflicts would also seem
to exist with the planning process required by the National
Environmental Policy Act of 1969 (83 Stat. 852) by eliminating the
consideration of sound alternatives, and by expanding on that Act to
require that certain specific disciplines review all timber sales. This
would needlesly increase timber sale preparation costs in low impact
areas. Replanning the entire National Forest System is essentially
required. This would be a staggering job, would duplicate hundreds of
thousands of man-hours of planning already completed and in the short
run drastically reduce the supply of timber available for market.
Requirements for a cost accounting system fail to recognize that
individual timber sales do not remain as a specific identifiable unit
++EP++ over the long run, and therefore, do not offer a constant base
for cost accounting. % %
% %
Futher, it is not practical to obtain accurate indirect costs as
required. The objective should be to relate expected value to investment
at the time investment is made rather than arbitary record keeping on
costs. The requirements for approval of the cost accounting system by
Congress present additional requirements beyond those imposed by
Congress General Accounting Office.
Section 17 provides that a State or local government may elect to
receive 75 cents per acre in lieu of the 25 percent funds and certain
other payments specified by law. However, this new authority for
payments to States and local governments would not be in lieu of some
payments made under existing law since payments made to States under the
Mineral Lands Leasing Act (30 U.S.C. 191) are not included in subsection
(d). Additional payments would also exist in three counties in Minnesota
where special authority is provided by the Act of June 22, 1948. Also,
the authority to decide which payment to receive would vary due to
existing law which could tend to thwart the intent of the new authority.
For example, on National Grasslands, counties would make the decision,
while on National Forests, States would have the authority. Thus, a
State decision which would bring a State-wide increase could result in
decreases for certain counties. Under 1975 conditions, payments, and
resultant cost of the Treasury, would double under S. 2926 if National
Forest System receipts would be authorized for the 75 cent payments. The
bill is silent on such authorization. Since National Forest receipts
would be reduced approximately 50 percent by other provisions of the
bill, and payments to State and local governments would approximate 50
percent of present receipts, the net result would be to essentially
eliminate any National Forest System receipts going into the Treasury.
Present law requires that 25 percent funds be spent for roads and
schools. S. 2926 has no such requirement. Therefore, a change from the
intent of existing law might result. In view of these ramifications and
the lack of any assurance that the proposed system would not create
inequities more serious than presently exist, a thorough study should be
completed before any new system is adopted.
We strongly recommend that S. 2926 not be enacted because of the
major limitations it would impose on the sound management of the
National Forest System for its multiple resource benefits.
The impacts on cost of administration per unit output, the effects on
private lands, and the impact on the economy are similar to those
estimated under the court's interpretation of the Organic Act since both
would result in a 50 percent reduction in timber harvest from the
National Forests. The cost of administration per unit of output of
sawtimber would increase nearly twofold, intense competition and
increased harvest would occur on private lands, and the price of wood
products would increase. There would be a serious reduction in capacity
to provide other resource goods and services which would be a greater
impact than under the court's interpretation of the Organic Act, and
National Forest System receipts to the Treasury would essentially be
eliminated. ++EP++
SRP SENATE REPORT
760514 (PART 8 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
COST ESTIMATE WITH 1 LETTER EMBEDDED, ROLLCALL VOTES (PAGES 57 TO 61)
% %
% %
In accordance with section 252 of the Legislative Recorganization Act
of 1970, the following is the Committee's estimate of the costs which
would be incurred in carrying out the provisions of S. 3091,
The Committee's estimate is based on the cost estimate supplied by
the Congressional Budget Office pursuant to the Congressional Budget Act
of 1974, and data supplied by the Department of Agriculture.
Beyond the question of cost impact of S. 3091, there is a potential
cost if this bill is not enacted. The Department of Agriculture has
estimated that under current legislation the loss of timber revenues by
1980 could amount to some $350 million a year.
The Committee did not receive any official cost estimate from the
Department of Agriculture.
1. Bill number. -- S. 3091.
2. Bill title. -- National Forest Management Act of 1976.
3. Purpose of bill. -- This bill amends the Forest and Rangeland
Renewable Resources Planning Act of 1974 and the Act of June 4, 1897.
Public participation in the planning process is required; each national
forest must have an advisory board. Limitations on timber sales
contained in the 1897 Act are removed. Reports on additional fiber
potential in the National Forest Systems are mandated. Finally, changes
are made in the timber receipts payment formula to states.
4. Cost estimate. --
Transition quarter............................68.1
1977..........................................21.9
1978..........................................64.7
1979..........................................54.0
1980..........................................49.5
1981..........................................45.0 ++EP++ % %
% %
5. Basis of estimate. -- There are three aspects of this legislation
which will generate additional cost. Each is discussed below, along
with another section which could prevent a significant revenue loss.
The reports on additional fiber potential in the National Forest System
will require a substantial research effort. The Department of
Agriculture estimates an annual cost of $500,000.
Establishing advisory boards for all 155 national forests, as well as
at the regional level, entails additional costs. The Department of
Agriculture projects annual expenses of $1.5 million annually. This
analysis assumes that these expenses, as well as the fiber study costs,
commence in fiscal year 1977.
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture and Forestry Russell Senate Office
Building, Washington, D.C.
DEAR MR CHAIRMAN: Pursuant to Section 403 of the Congressional
Budget Act of 1974, the Congressional Budget Office has prepared the
attached cost estimate for S. 3091, National Forest Management Act of
1976.
Should the Committee so desire, we would be pleased to provide
further details on the attached cost estimate.
Sincerely,
/s/ALICE M. RIVLIN, Director.
The major cost item in this legislation is the change in the timber
receipts payment formula to states. Presently, states receive 25
percent of federal timber receipts after road construction and
reforestation costs are deducted from the receipt total. This
legislation eliminates these deductions and pays states 25 percent of
gross receipts. Payments are made in the fiscal year after the timber
receipts are collected. Therefore costs in the transition quarter
reflect receipts in fiscal year 1976, and fiscal year 1977 costs are
based upon receipts during the transition quarter. Based upon projected
road construction and reforestation costs, the Department of Agriculture
estimates the following annual costs,
Transition quarter...........................$68.1
Fiscal year 1977..............................19.9
Fiscal year 1978..............................62.7
Fiscal year 1979..............................52.0
Fiscal year 1980..............................47.5
Fiscal year 1981..............................43.0
The amount is decreasing over time because of a change in the
financing of road construction costs. Instead of deductions from timber
receipts, separate appropriations for these costs are being made more
frequently. Thus in succeeding years, less deductions from gross timber
receipts will be made.
Finally, the amendment removing certain limitations in the 1897 Act
could have important implications for federal revenue from timber
receipts. Recent court decisions have interpreted the 1987 Act to
preclude sale of trees that are not dead, physiologically mature, or
large. ++EP++ % %
% %
This interpretation prohibits the use of scientifically accepted
forestry methods. The Forest Service projects that application of such
strict procedures nationwide could reduce timber receipts by 50 percent.
Fiscal year 1977 federal revenues from timber receipts are projected to
be more than $100 million.
6. Estimate comparison. None.
7. Previous CBO estimate. None.
8. Estimate prepared by. -- Leo J. Corbett (225-5275).
9. Estimate approved by. -- R. Scheppach for James L. Blum, Assistant
Director for Budget Analysis. ++EP++ % %
In accordance with section 133 of the Legislative Recorganization Act
of 1946, as amended, it is announced that
(4) A motion to adopt as finding number (5) of new section 2 of the
Forest and Rangeland Renewable Resources Planning Act of 1974, the
following,
(5) since a large part of America's forests and rangeland is in
private and in State and local governmental ownership so that the
Nation's capacity to produce goods and services is significantly
based on these nonfederally managed resources and since the Forest
Service has responsibilities related thereto, the Federal
Government should be 'a catalyst' to encourage and assist these
owners in the efficient long-term use and improvement of these
lands and their renewable resources consistent with the principles
of sustained yield and multiple use; and was defeated on a vote
of 4 to 7 follows,
Yeas: Senators Dole (by proxy), Curtis (by proxy), Bellmon (by
proxy), and Helms.
Nays: Senators Eastland (by proxy), McGovern (by proxy), Allen
(by proxy), Humphrey, Huddleston, Stone, and Leahy.
(2) A motion to adopt, as subsection (d)(6)(H)(iii) of redesignated
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974, the following,
Identify the relative productivity of land for resource
production and conservation and assure, insofar as possible, that
a favorable cost-benefit relationship is achieved through prudent
investment. was defeated by a vote of 5 to 8, as follows,
Yeas: Senators Dole (by proxy), Young (by proxy), Curtis (by
proxy), Bellmon, and Helms.
Nays: Senators Eastland (by proxy), McGovern (by proxy), Allen
(by proxy), Humphrey (by proxy), Huddleston, Stone (by proxy),
Leahy, and Talmadge.
(3) A motion to retain the proviso in section 4 of Act of October 13,
1964 (78 Stat. 1089; 16 U.S.C. 535), was defeated by a vote of 5 to 5,
as follows,
Yeas: Senators Dole (by proxy), Young (by proxy), Curtis (by
proxy), Bellmon (by proxy), and Helms.
Nays: Senators Eastland (by proxy), Allen, Huddleston (by
proxy), Stone, and Talmadge. ++EP++
SRP SENATE REPORT
760514 (PART 9 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG 2ND SESS
76-S160-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
CHANGES IN EXISTING LAW, FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974, ACT OF JUNE 4, 1897, AS AMENDED, ACT OF MAY 23,
1908, AS AMENDED, ACT OF MARCH 1, 1911, AS AMENDED, KNUTSON-VANO ENBERG
ACT, MULTIPLE-USE SUSTAINED-FIELD ACT OF 1960, NATIONAL FORESTS ROADS
AND TRAILS SYSTEM ACT ( PAGES 62 TO 77)
% %
% %
In compliance with subsection (4) of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in which no
change is proposed is shown in roman),
@ @
(1) the management of the Nation's renewable resources is highly
complex and the uses, demand for, and supply of the various resources
are subject to change overtime,
(2) the public interest in served by the Forest Service, Department
of Agriculture, in cooperation with other agencies, assessing the
Nation's renewable resources, and developing and preparing a national
renewable resource program, which is periodically reviewed and updated,
(3) to serve the national interest the renewble resource program must
be based on a comprehensive assessment of present and anticipated uses,
demand for, and supply of renewable resources from the Nation's public
and private forests and rangeland, thorough analysis of environmental
and economic impacts, coordination of multiple use and sustained yield
opportunities as provided in the Multiple-Use Sustained-Yield Act of
1960 (74 Stat. 215; 16 U.S.C. 528-531), and public participation in the
development of the program,
(4) the new knowledge derived from coordinated public and private
research programs will promote a sound technical and ecological base for
effective management, use, and protection of the Nation's renewable
resources,
(5) inasmuch as the majority of Nation's and rangeland is under
private, State, and local governmental management and the Nation's major
capacity to produce goods and services is based on these nonfederally
managed renewable resources, the Federal Government should be catalyst
to encourage and assist these owners in the efficient long-term use and
improvement of these lands and their renewable resources consistent with
the principles of sustained yield and multiple use,
(6) the Forest Service, by virtue of its statutory authority for
management of the National Forest System, research and cooperative
programs and its role as an agency in the Department of Agriculture, has
both a responsibility and an opportunity to be a leader in assuring that
the nation maintains a natural resource conservation posture that will
meet the requirements of our people in perpetuity; and ++EP++
(7) recycled timber product materials are as much a part of our
renewable forest resources as are the trees from which they originally
came, and in order to extend our timber and timber fiber resources and
reduce pressures for timber production from Federal lands, the Forest
Service should expand its research in the use of recycled and waste
timber product materials, develop techniques for the substitution of
these secondary materials for primary materials, and promote and
encourage the use of recycled timber product materials, % %
% %
SEC. 2. 3. RENEWABLE RESOURCE ASSESSMENT. -- (a) In recognition of
the vital importance of America's renewable resources of the forest,
range, and other associated lands to the Nation's social and economic
well-being and of the necessity for a long term perspective, in planning
and undertaking related national renewable resource programs
administered by the Forest Service, the Secretary of Agriculture shall
prepare a Renewable Resource Assessment (hereinafter called the
"Assessment"). The Assessment shall be prepared not later than December
31, 1975, and shall be updated during 1979 and each tenth year
thereafter, and shall include but not be limited to
(1) an analysis of present and anticipated uses, demand for, and
supply of the renewable resources, with consideration of the
international resource situation, and an emphasis of pertinent supply
and demand and price relationship trends,
(2) an inventory, based on information developed by the Forest
Service and other Federal agencies, of present and potential renewable
resources, and an evaluation of opportunities for improving their yield
of tangible and intangible goods and services, together with estimates
of investment costs and direct and indirect returns to the Federal
Government,
(3) a description of Forest Service programs and responsibilities in
research, cooperative programs and management of the National Forest
System, their interrelationships, and the relationship of these programs
and responsibilities to public and private activities; and
(4) a discussion of important policy considerations, laws,
regulations, and other factors expected to influence and affect
significantly the use, ownership, and management of forest, range, and
other associated lands.
(b) To assure the availability of adequate data and scientific
information needed for development of the Assessment, section 9 of the
McSweeney-McNary Act of May 22, 1928 (45 Stat. 702, as amended, 16
U.S.C. 58th), is hereby amended to read as follows,
"The Secretary of Agriculture is hereby authorized and directed to
make and keep current a comprehensive survey and analysis of the present
and prospective conditions of and requirements for the renewable
resources of the forest and range lands of the United States, its
territories and possessions, and of the supplies of such renewable
resources, including a determination of the present and potential
productivity of the land, and of such other facts as may be necessary
and useful in the determination of ways and means needed to balance the
demand for and supply of these renewable resources, benefits and uses in
meeting the needs of the people of the United States. The Secretary
shall carry out the survey and analysis under such plans as he may
++EP++ determine to be fair and equitable, and cooperate with
appropriate officials of each State, territory, or possession of the
United States, and other through them or directly with private or other
agencies. % %
% %
There is authorized to be appropriated not to exceed $20,000,000 in
any fiscal year to carry out the purposes of this section."
(c) The Secretary of Agriculture shall report in the 1980 and
subsequent Assements on the additional fiber potential in the National
Forest System. The report shall include, but not be restricted to,
forest mortality, growth, salvage potential, potential increased forest
products sales, economic constraints, alternate markets, contract
considertations, and other multiple use considerations.
(2) In developing the report, the Secretary shall provide opportunity
for public input, and shall consult with other interested governmental
departments and agencies.
SEC. 3. 4. RENEWABLE RESOURCE PROGRAM. -- In order to provide for
periodic review of programs for management and administration of the
National Forest System, for research, for cooperative State and private
Forest Service program, and conduct of other Forest Service activities
in relation to the findings of the Assessment, the Secretary of
Agriculture, utilizing information availabe to the Forest Service and
other agencies with the Department of Agriculture, including data
prepared pursuant to section 302 of the Rural Development Act of 1972,
shall prepare and transmit to the President a recommended Renewable
Resource Program thereinafter called the "Program"). The Program
transmitted to the President may include alternatives, and shall provide
in appropriate detail for protection, management, and development of the
National Forest System, including forest development roads and trails;
for cooperative forest Service programs, and for research. The Program
shall be developed in accordance with principles set forth in the
Multiple-Use Sustained-Yield Act of June 12, 1960 (71 Stat. 215; 16
U.S.C. 528-531), and the National Environmental Policy Act of 1969 (83
Stat. 852; 42 U.S.C. 4321-4347). The Program shall be prepared not
later than December 31, 1975, to cover the four year period beginning
October 1, 1976, and at least each of the four fiscal decades next
following such period, and shall be updated no later than during the
first half of the fiscal year ending September 30, 1980, and the first
half of each fifth fiscal year thereafter to cover at least each of the
four fiscal decades beginning next after such updating. The Program
shall include, but not be limited to
(1) an inventory of specific needs and opportunities for both public
and private program investments. The inventory shall differentiate
between activities which are of a capital nature and those which are of
an operational nature,
(2) Specific identification of Program outputs, results anticipated,
and benefits associated with investments in such a manner that the
anticipated costs can be directly compared with the total related
benefits and direct and indirect returns to the Federal Government,
(3) a discussion of priorities for accomplishment of inventoried
Program opportunities, with specified costs, outputs, results, and
benefits; and
(4) a detailed study of personnel requirements as needed to satisfy
existing and on going programs; and ++EP++ % %
% %
(5) Program recommendations which
(A) evaluate objectives for the major Forest Services programs in
order that multiple-use and sustained-yield relationships among and
within the renewable resources can be determined,
(B) explain the opportunities for owners of forests and rangeland to
participate in programs to improve and enhance the condition of the land
and the renewable resource products therefrom,
(C) recognize the fundamental need to protect and, where appropriate,
improve the quality of soil, water, and air resources, and
(D) state national goals that recognize the interrelationships
between and interdependence within the renewable resources.
SEC. (1) 5. NATIONAL FOREST SYSTEM RESOURCES INVENTORIES. -- As a
part of the Assessment, the Secreatary of Agriculture shall develop and
maintain on a continuing basis a comprehensive and appropriately
detailed inventory of all National Forest System lands and renewable
resources. This inventory shall be kept current so as to reflect
changes in conditions and identify new and emerging resources and
values.
SEC. (5) 6. NATIONAL FOREST SYSREM RESOURCE PLANNING. -- (a) As a
part of the Program provided for by (section 3) section 4 of this Act,
the Secretary of Agriculture shall develop, maintain, and, as
appropriate, revise land and resource management plans for units of the
National Forest System, coordinated with the land and resource
management planning processes of State and local governments and other
Federal agencies.
(b) In the development and maintenance of land management plans for
use on units of the National Forest System, the Secretary shall use a
systematic interdisciplinary approach to achive integrated consideration
of physical, biological, economic, and other sciences.
(c) The Secretary shall provide for public participation in the
development, review, and revision of land management plans.
(d) Within two years after enactment of this subsection the Secretary
shall, in accordance with the procedures set forth in section 553 of
title 5, United States Code, promulgate regulations, under the
principles of the Multiple-Use Sustained-Yield Act of 1960, that set out
the process for the development and revision of the land management
plans, and the guidelines and standards prescribed by this subsection,
The regulations shall include, but not be limited to
(1) specifying how the interdisciplinary approach, as required by
subsection (b) of this section, will be implemented,
(2) specifying the type or types of plan that wil be prepared and the
relationship of those plans to the Program developed pursuant to section
4,
(3) specifying procedures to insure public participation, as required
in subsection (c) of this section,
(4) specifying procedures to insure that plans are prepared in
accordance with the National Environmental Policy of 1969, including,
but not limited to, the preparation of an environmental impact statement
required under section 102(2) of that Act,
(5) specifying guidelines which ++EP++ % %
% %
(A) require the identification of the suitability of lands for
resource management,
(B) provide for obtaining inventory data on the various renewable
resources, and soil and water, including pertinent maps, graphic
material, and explanatory aids, and
(C) provide for methods to identify special conditions or situations
involving hazards to the various resources and their relationship to
alternative activities,
(6) specifying guidelines for land management plans developed to
achieve the goals of the Program which
(A) insure consideration of the economic and environmental aspects of
various systems of renewable resources management, including the related
systems of silviculture and protection of forest resources, to provide
for outdoor recreation (including wilderness), range, timber, watershed,
wildlife and fish,
(B) provide for diversity of plant and animal communities based on
the suitability and capability of the specific land area in order to
meet overall multiple use objectives,
(C) recognize the requirements necessary to coordinate the uses on
special or unique management areas,
(D) recognize the need for special provisions to protect soil, water,
esthetic, and wildlife resources where conditions are critical for tree
regeneration within a reasonable period of time either by natural or
artificial means, or where the size of a timber sale, cutting areas, or
stand size and species composition are critical in terms of multiple-use
impacts,
(E) specify how the interdisciplinary approach, as required by
subsection (b) of this section, will be implemented, including the
manner in which the expertise of affected State agencies will be
obtained and used in the preparation of land management plans,
(F) prescribe, according to geographic area, forest types, or other
suitable classifications, appropriate systems of silviculture which
include, but ate not restricted to, thinnings, harvesting of trees and
products, regeneration, and other treatment methods,
(G) insure research on and (based on continuous monitoring and
assessment in the field) evaluation of the effects of each management
system in use or proposed for use, and provide for the modification or
discontinuction of management system or method when research or
evaluation establishes that a management system or method is producing
impairment of the productivity of the land,
(H) (i) provide that the amount of timber to be harvested from any
National Forest System lands shall be determined only through the
process of preparing land management plan,
(ii) provide that the allowable harvests on National Forest System
lands shall be based only on lands available and suitable for timber
production, and the harvest levels are reviewed and adjusted
periodically,
(iii) identify the relative productivity of land for timber
production and assure that timber production is not a management ++EP++
goal on lands where the estimated cost of production will exceed
estimated economic economic return. % %
% %
Provided, That the estimated cost of production will include only
direct timber production costs and not access, protection, revegetion
and administration costs for multiple use purposes and
(iv) provide that increases in allowable harvests based on
intensified management practices such as reforestation, thinnings, or
tree improvement, shall be made only upon demonstration that such
practices justify increased allowable harvests, and that the outputs
projected are being secured,
(I) insure that timber will be harvested from National Forest System
lands only where --
(i) soil, slope, or other watershed conditions will not be
irreversibly damanged,
(ii) there is assurance that such lands can be adequately restocked
within five years after harvest; and
(iii) protection is provided for steams, steambanks, shorelines,
lakes, wetlands, and other bodies of water from changes in water
temperatures, blockages of water courses, and deposits of sediment,
where harvests could seriously and adversely affect water conditions or
fish habitat; and
(J) insure that clearcutting (including seed tree cutting,
shelterwood cutting, and other cuts designed to regenerate an even-aged
stand of timber) will be used as a cutting method on National Forest
System lands only where --
(i) it is determined to be the optimum method to meet the objectives
and requirements of the relevant land management plan,
(ii) the interdisciplinary review has been completed and the
potential environmental, biological, esthetic, engineering, and economic
impacts on each sale area have been assessed, as well as the impact of
the sale on nontimber resources and the consistency of the sale with the
multiple use of general area,
(iii) clearcut blocks, patches, or strips are shaped and blended to
the extent practicable with the natural terrain,
(iv) there are established according to geographic areas, forest
types, or other suitable classifications the maximum size limits for
areas to be clearcut in one harvest operation, including provision to
exceed the established limits after appropriate public notice and review
by the responsible Forest Service officer one level above the Forest
Service officer who normally would approve the harvest proposal:
Provided, That such limits shall not apply to the size of areas
harvested as a result of natural catastrophic conditions such as fire,
insect and disease attack, or windstorm; and
(v) such cuts are carried out in a manner consistent with the
protection of soil, watershed, fish, wildlife, recreation, and esthetic
resources, and the regeneration of the timber resource; and ++EP++ % %
% %
(7) specifying guidelines to be followed in the preparation and
revision of resource plans using an interdisciplinary review.
(e)(1) In carrying out the purposes of subsection (d) of this
section, the Secretary of Agriculture shall appoint a committee of
scientists who are not officers or employees of the Forest Service, The
committee shall provide scientific and technical advice and counsel on
proposed guidelines and procedures to assure that an effective
interdisciplinary approach is proposed and adopted, The committee shall
terminate upon promulgation of the regulations, but the Secretary may,
from time to time, appoint similar committees when considering revision
of the regulations. The views of the committees shall be included in
the public information supplied when the regulations are proposed for
adoption.
(2) Clerical and technical assistance, as may be necessary to
discharge the duties of the committee, shall be provided from the
personnel of the Department of Agriculture.
(3) While attending meetings of the committee, the memebers shall be
entitled to receive compensation at a rate $100 per diem, including
traveltime, and while away from their homes or regular places of
business they may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed intermittently.
(f) Resource plans and permits, contracts, and other instruments for
the use and accupancy of National Forest System lands shall be
consistent with the land management plans. Those resource plans and
permits, contracts, and other such instruments currently in existence
shall be revised as soon as practicable to be made consistent with such
plans. When land management plans are revised, resource plans and
permits, contracts, and other instruments, when necessary, shall be
revised as soon as practicable. Any revision in permits, contracts, and
other instruments made pursuant to this section shall be subject to
valid existing rights.
(g) Land management plans and revisions shall become effective thirty
days after completion of public participation and publication of
notification by the Secretary as required under section 6(c) of this
(h) The Secretary shall, within one hundred and twenty days after the
enactment of section 6(d) of this Act, adopt interim procedures to guide
the land management planning process. Prior to the promulgation of the
regulations required by section 6(d), management of National Forest
System lands shall be in accordance with existing regulations and the
interim guidelines when adopted. When necessary, land management plans
will be revised as soon as pracricable to be in accord with the
guidelines specified in section 6(d).
SEC. (6) 7. COOPERATION IN RESOURCE PLANNING. -- The Secretary of
Agriculture may utilize the Assessment, resource surveys, and Program
prepared pursuant to this Act assist States and other organizations in
proposing the planning for the protection, use, and management of
renewable resources on non Federal land.
SEC. (7) 8. NATIONAL PARTICIPATION. -- (a) Ont the date Congress
first convenes in 1976 and therafter following each updating of the
Assessment and the Program, the President shall transit to the Speaker
of the House of Representatives and the President of Senate, when
Congress convenes, the Assessment as set fortn in (section ++EP++ 2)
section 3 of this Act and the Program as set forth in (section 3)
section 4 of this Act, together with a detailed Statement of Policy
intended to be used in framing budget requests by that Administration
for Forest Service activities for the five-or ten-year program period
beginning during the term of such Congress for such further action
deemed appropriate by the Congress. % %
% %
Following the transmission of such Assessment, Program, and Statement
of Policy, the President shall, subject to other actions of the
Congress, carry out programs already established by law in accordance
with such Statement of Policy or any subsequent amendment or
modification thereof approved by the Congress, unless, before the end of
the first period of (sixty) ninety calendar days of continuous session
of Congress after the date on which the President of the Senate and the
Speaker of the House are recipients of the transmission of such
Assessment, Program, and Statement of Policy, either House adopts a
resolution reported by the appropriate committee of jurisdiction
disapproving the Statement of Policy For the purpose of this subsection,
the continuity of a session shall be deemed to be broken only by an
adjournment sine die, and the days on which either House is not in
session because of an adjournment of more than three days to a day
certain shall be excluded in the computation of the (sixty-day period.)
ninety-day period. Not withstanding any other provision of this Act,
Congress may revise or modify the Statement of Policy transmitted by the
President, and the revised or modified Statement of Policy shall be used
in framing budget requests.
(b) Commencing with the fiscal budget for the year ending September
30, 1977, requests presented by the President to the Congress governing
Forest Service activities shall express in qualitative and quantitative
terms the extent to which the programs and the policies projected under
the budget meet the policies approved by the Congress in accordance with
subsection (a) of this section. In any case in which such budget
presented recommends a course which fails to meet the polieces so
established, the President shall specifically set forth the reason or
reasons for requesting the Congress to approve the lesser programs or
policies presented (.), and the Director of the Office of Management and
Budget shall appear before the Committee on Agriculture and Forestry,
the Committee on Interior and Insular Affairs, and the Committee on
Public Works of the Senate, and the Committee on Agriculture, the
Committee on Interior and the Insular Affairs, and the Committee on
Public Works and Transportation of the House of Representatives to
explain the failure to request a budget to meet the policies approved by
the Congress. Amounts appropriated to carry out the policies approved
in accordance with subsection (a) of this section shall be expended in
accordance with the Congressional Budget and Impoundment Control Act of
1974, Public Law 93-344.
(c) For the purpose of providing information that will aid Congress
in its oversight responsibilties and improve the accountability of
agency and activities, the Secretary of Agriculture shall prepare an
annual report which evaluates the component elements of the Program
required to be prepared by (section 4 of this Act which shall be
furnished to the Congress at the time of submission of the annual fiscal
buget commencing with the third fiscal year after the enactment of this
Act. ++EP++ % %
% %
(d) These annual evaluation reports shall set forth progress in
implementing the Program required to be prepared by (section 3) section
4 of this Act, together with accomplishments of the Program as they
relate to the objectives of the Assessment. Objectives should be set
forth in qualitative and quantitative terms and accomplishments should
be reported accordingly. The report shall contain appropriate
measurements of pertinent costs and benefits. The evaluation shall
assess the balance between economic factors and environmental quality
factors. Program benefits shall include, but not be limited to,
environmental quality factors such as esthetics, public access, wildlife
habitat, recreational and wilderness use, and economic factors such as
the excess of cost savings over the value of foregone benefits and the
rate of return on renewable resources.
(c) The reports shall indicate plans for implementing corcective
action and recommendations for new legislation where warranted.
(f) The reports shall be structured for Congress in concise summary
form with necessary detailed data in appendices.
SEC. (8.) 9. NATIONAL FOREST SYSTEM PROGRAM ELEMENTS. -- The
Secretary of Agriculture shall take such action as will assure that the
development and administration of the renewable resources of the
National Forest System are in full accord with the concepts for multiple
use and sutained yield of products and services as set forth in the
Multiple-Use Sustained-Yield Act of 1960. To further these concepts, the
Congress hereby sets the year 2000 as the target year the renewable
resources of the National Forest System shall be in an operating posture
whereby all backlogs of needed treatment for their restoration shall be
reduced to a current basis and the major portion of planned intensive
multiple-use sustained-yield mandgement procedures shall be installed
and operating on an environmentally-sound basis. The annual budget
shall contain requests for funds for an orerly program to eliminate such
backlogs: Provided, That when the Secretary find that (1) the backlog
of areas that will benefit by such treatment has been etiminated, (2)
the cost of treating the remainder of such area exceeds the economic and
environmental benefits to be secured from their treatment, or (3) the
total supplies of the renewable resources of the United States are
adequate to meet the future needs of the American people, the budget
request for these elements of restoration may be adjusted accordingly.
on any forest or rangeland in the National Forest System where
vegetative cover has been removed by man or natural causes, the
Secretary of Agriculture, within a five-year period after such removal,
shall report in writing to Congress either the amount of funds necessary
to properly restore useful vegetative cover or that such lands are not
in need of revegetation, except that areas which are to be used for
specific purposes, such as rights of way, campgrounds and reservoirs, or
areas where permits or other provisions are made to assure revegetation
shall be excluded from the requirements of this sentence.
SEC. (9) 10. TRANSPORATION SYSTEM. (a) The Congress declares that the
installation of a proper system of transportation to service the
National Forest System as is provided for in Public Law 88-657, the Act
of October 13, 1961 (16 U.S.C. 532-538), shall be carried forward in the
time to meet anticipated needs on an economical and environmentally
sound basis, the method chosen for financing the constructtion ++EP++
and maintenance of the transportation system should be such as to
enhance local, regional, and national benefits, except that the
financing of forest development roads as authorized by clause (2) of
section 4 of Act of October 13, 1964, shall be deemed "buget authority"
and budget outlays" as those terms are defined in section 3(a) of the
Congressional Budget and Impoundment Control Act of 1974 and shall be
effective for any fiscal year only in the manner required for new
spending authority as specified by section 401(a) of that Act. % %
% %
(b) Unless the necessity for a permanent road is set forth in the
forest development road system plan, any road constructed on land of the
National Forest System in connection with a timber contract or other
permit or lease shall be designed with the goal of reestablishing
vegetative cover on the roadway and areas where the vegetative cover has
been disturbed by the construction of the road, within ten years after
the termination of the contract, permit, or lease either through
artificial or natural means. Such action shall be taken unless it is
later determined that the road is needed for use as a part of the
National Forest Transportation System.
(c) Roads constructed on National Dorest System lands shall be
designed to standards appropriate for the intended uses, considering
safety, cost of transportation, and impacts on land resources.
SEC. (10.) 11. (a) NATIONAL FOREST SYSTEM DEFINED. -- Congress
declares that the National Forest System consists of units of federally
owned forest, range, and related lands throughout the United States, and
its territories, united into a nationally significant system dedicated
to the long-term benefit for present and future generations, and that it
is the purpose of this section to include all such areas into one
integral system. The "National Forest System" shall include all
national forest lands reserved or withdrawn from the public domain of
the United States, all national forest lands acquired through purchase,
exchange donation, or other means, the national grasslands and land
utilization projects administered under title III of the Bankhead-Jones
Farm Tenant Act (50 Stat. 525,7 U.S.C. 1010-1012), and other lands,
waters, or interests therein which are administered by the Forest
Service or are designated for administration through the Forest Service
as a part of the system. Notwithstanding the provisions of the Act of
June 4,1897 (30 Stat 34; 16 U.S.C. 473), no land now or hereafter
reserved or withdrawn from the public domain as national forests
pursuant to the Act of March 3, 1891 (26 Stat. 1103; 16 U.S.C. 471),
or any act supplementary to and amendatory thereof, shall be returned to
the public domain except by an act of Congress.
(b) The on-the ground field officers, field supervisory offices, and
regional offices of the Forest Service shall be so situated as to
provide the optimum level of convenient useful services to the public,
giving priority to the maintenance and location of facilities in rural
areas and towns near the national forest and Forest Service program
locations in accordance with the standards in section 901(b) of the Act
of November 30, 1975 (84 Stat. 1383), as amended.
SEC (11.) 12. RENEWABLE RESOURCES. -- In carrying out this Act, the
Secretary of Agriculture shall utilize information and data available
from other Federal, State, and private organizations and shall avoid
duplication and overlap of resource assessment and program planning
efforts of other Federal agencies. The term "renewable resources"
++EP++ shall be construed to involve those matters within the scope of
responsibilities and authorities of the Forest Service on the date of
this Act(.) and on the date of enactment of any legislation amendatory
or supplementary thereto. % %
% %
SEC. 13. LIMITATIONS ON TIMBER REMOVAL. -- (a) The Secretary of
Agriculture shall limit the sale of timber from each national forest to
a quantity equal to or less than a quantity which can be removed from
such forest annually in perpetuity on a sustained-yield basis. However
the Seccrtary may exceed the quantity sales limitation from time to time
in the case of any forest so long as the average sales of timber from
such forest over any ten-year period do not exceed such quantity
limitation. In those cases shere a forest has less than two hundred
thousand acres of commercial forest land, the Secretary may use two or
more forests for purposes of determining the sustainedyield.
(b) Noting in subsection (a) of this section shall prohibit the
Secretary from salvaging timber stands which are subsantially damaged by
fire, windthrown, or other catastrophe.
SEC. 14. PUBLIC PARTICIPATION AND ADVISORY BOARDS. -- (a) In
exercising his authorities under this Act and other laws applicable to
the Forest Service, he Secretary, by regulations, shall establish
procedures, including publis hearings where appropriate, to give the
Federal, State, and local government and the public adequate notice and
an apportunity to comment upon the formulation of standards, criteria,
and guidelines applicable to Forest Service programs.
(b) In providing for public participation in planning for and
management of the National Forest System, the Secretary pursuant to the
Federal Advisory Committee Act (86 Stat. 770) and other applicable law,
shall establish and consult such advisory boards as he deems necessary
to secure full information and advice on the execution of his
responsibilities. The membership of such boards shall be representative
of a cross section of groups interested in the planning for and
management of the National Forest System and the various types of use
and enjoyment of the lands thereof.
(For the purpose of preserving the living and growing timber and
promoting the younger growth on forest reservations, the Secretary of
the Interior, under such rules and regulations as he shall prescribe,
may cause to be designated and appraised so much of the dead, matured or
large growth of trees found upon such forest reservations as may be
compatible with the utilization of the forests thereon, and may sell the
same for not less than the appraised value in such quantities to each
purchaser as he shall presiribe, to be used in the State or Territory in
which such timber reservation may be situated, respectively, but not for
export therefrom. Before such sale shall take place notice thereof
shall be given by the Commissioner of the General ++EP++ Land Office,
for not less than thirty days, by publication in one or more newspapers
of general circulation, as he may deem necessary, in the State or
Territory where such reservation exists. % %
% % Provided however, That in cases of unusual emergency the Secretary
of the Interior may, in the exercise of his discretion, permit the
purchase of timber and cord wood in advance of advertisement of sale at
rates of value approved by him and subject to payment of the full amount
of the highest bid resulting from the usual advertisement of sale:
Provided further, That he may, in his discretion, sell without
advertisement, in quantities to suit applicants, at a fair appraisement,
timber, cordwood, and other forest products not exceeding $2,000 in
appraised value: And provided further, That in cases in which
advertisement is had and no satisfactory bid is received, or in cases in
which the bidder fails to complete the purchase, the timber may be sold,
without further advertisement, at private sale, in the discretion of the
Secretary of the Interior, at not less than the appraised valuation, in
quantities to suit purchasers: And provided further, That the
provisions of this Act shall not apply to existing forest reservations
in the State of California, or to reservations that may be hereafter
created within said State. Before such sale shall take place, notice
thereof shall be given by the Commissioner of the General Land Office,
for not less than sixty days, by publication in a newspaper of general
circulation published in the county in which the timber is situated, if
any is therein published, and if not, then in a newspaper of general
circulation published nearest to the reservation, and also in a
newspaper of general circulation published at the capital of the State
or Territory where such reservation exists; payments for such timber to
be made to the receiver of the local land office of the district wherein
said timber may be sold, under such rules and regulations as the
Secretary of the Interior may prescribe; and the moneys arising
therefrom shall be accounted for by the receiver of such land office to
the Commissioner of the General Land Office, in a separate account, and
shall be covered into the Treasury. Such timber, before being sold,
shall be marked and designated, and shall be cut and removed under the
supervision of some person appointed for that purpose by the Secretary
of the Interior, not interested in the purchase or removal of such
timber nor in the employment of the purchaser thereof. Such supervisor
shall make report in writing to the Commissioner of the General Land
Office and to the receiver in the land office in which such reservation
shall be located of his doings in the premises.
That hereafter twenty-five per centum of all money received from each
forest reserve during any fiscal year, including the year ending June
thirtieth, nineteen hundred and eight, shall be paid at the end thereof
by the Secretary of the Treasury to the State or Territory in which said
reserve is situated, to be expended as the State or Territorial
legislature may prescribe for the benefit of the public schools ++EP++
and public roads of the county or counties in which the forest reserve
is situated: Provided, That when any forest reserve is in more than one
State or Territory or county the distributive share to each from the
proceeds of said reserve shall be proportional to its area therein. % %
% % In sales of logs, ties, poles, posts, cordwood, pulpwood, and other
forest products the amounts made available for schools and roads by this
Act shall be based upon the stampage value of the timber. The term
"moneys received" shall include all collections under the Act of June 9,
1930, and all amounts earned or allowed any purchaser of national forest
timber and other forest products within such State as purchaser credits,
for the construction of roads on the National Forest Transportation
System within such national forests or parts thereof in connection with
any Forest Service timber sales contract. The Secretary of Agriculture
shall, from time to time as he goes through his process of developing
the budget revenue estimates, make available to the States his current
projections of revenues and payments estimated to be made under the Act
of May 23, 1908, as amended, or any other special Acts making payments
in time of taxes, for their use for local budget planning purposes.
SEC. 13. That twenty-five per centum of all moneys received during
any fiscal year from each national forest into which the lands acquired
under this Act may from time to time be divided shall be paid, at the
end of such year, by the Secretary of the Treasury to the State in which
such national forest is situated, to be expended as the state
legislature may prescribe for the benefit of the public schools and
public roads of the county or counties in which such national forest is
situated: Provided, That when any national forest is in more than one
State or county the distributive share to each from the proceeds of such
forest shall be proportional to its area therein The term "moneys
received" shall include all collections under the Act of June 9, 1930,
and all amounts earned or allowed any purchased of national forest
timber and other forest products within such State as purchaser credits,
for the construction of roads on the National Forest Transportation
System within such national forests or parts thereof in connection with
any Forest Service timber sales contract. The Secretary of Agriculture
shall from time to time as he goes through his process of developing the
budget revenue estimates, make available to the States his current
projections of revenues and payments estimated to be made under the Act
of May 23, 1908, as amended, or any other special Acts making payments
in lieu of taxes, for their use for local budget planning purposes.
++EP++ % %
% %
SEC. 3. The Secretary of Agriculture may, when in his judgment such
action will be in the public interest, require any purchaser of national
forest timber to make deposits of money, in addition to the payments for
the timber, to cover the cost to the United States of (1) planting
(including the production or purchase of young trees), (2) sowing with
tree seeds (including the collection or purchase of such seeds), (or)
(3) cutting, destroying, or otherwise removing undesirable trees or
other growth, on the national-forest land cut over by the purchaser, in
order to improve the future stand of timber (:Provided, That the total
amount so required to be deposited by any purchaser shall not exceed, on
an acreage basis, the average cost of planting (including the production
or purchase of young trees) other comparable national forest lands
during the previous three years.), or (4) protecting and improving the
future productivity of the renewable resources of the forest land on
such sale area, including sale area improvement operations, maintenance
and construction, reforestation and forest habitat management. Such
deposits shall be covered into the Treasury and shall constitute a
special fund, which is hereby appropriated and made available until
expended, to cover the cost to the United States of such tree planting,
seed sowing, and forest improvement work, as the Secretary of
Agriculture may direct: Provided, That any portion of any deposit found
to be in excess of the cost of doing said work shall, upon the
determination that it is so in excess, be transferred to miscellaneous
receipts, forest reserve fund, as a national forest receipt of the
fiscal year in which such transfer is made: Provided further, That the
Secretary of Agriculture is authorized, upon application of the
Secretary of the Interior, to furnish seedlings and or young trees for
replanting of burned-over areas in any national park.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That it is the policy of
the Congress that the national forests are established and shall be
administered for outdoor recreation, range timber, watershed, and
wildlife and fish purposes. The purposes of this act are declared to be
supplemental to, but not in derogation of, the purposes for which the
national forests were established as set forth in the Act of June 4,
1897 (16 U.S.C. 475). Nothing herein shall be construed as affecting
the jurisdiction or responsibilities of the several States with respect
to wildlife and fish on the national forests. Nothing herein shall be
++EP++ construed so as to affect the use or administration of the
mineral resources of national forest lands or to affect the use or
administration of Federal lands not within national forests. % %
% %
SEC. 2. The Secretary of Agriculture is authorized and directed to
develop and administer the renewable surface resources of the national
forests for multiple use and sustained yield of the several products and
services obtained therefrom. In the administration of the national
forests due consideration shall be given to the relative values of the
various resources in particular areas. The establishment and
maintenance of areas of wilderness are consistent with the purposes and
provisions of this Act.
SEC. 3. In the effectuation of this Act the Secretary of Agriculture
is authorized to cooperate with interested State and local governmental
agencies and others in the development and management of the national
forests.
SEC. 4. As used in this Act, the following terms shall have the
following meanings.
(a) "Multiple use" means: The management of all the various
renewable surface resources of the national forests so that they are
utilized in the combination that will best meet the needs of the
American people; making the most judicious use of the land for some or
all of these resources or related services over areas large enough to
provide sufficient latitude for periodic adjustments in use to conform
to changing needs and condition; that some land will be used for less
than all of the resources; and harmonious and coordinated management of
the various resources, each with the other, without impairment of the
productivity of the land, with consideration being given to the relative
values of the various resources, and not necessarily the combination of
uses that will give the greatest dollar return or the greatest unit
output.
(b) "Sustained yield of the several products and services" means the
achievement and maintenance in perpetuity of a high-level annual or
regular periodic output of the various renewable resources of the
national forests without impairment of the productivity of the land.
SEC. 5. This Act may be cited as the "Multiple Use Sustained-Yield
Act".
SEC. 4. The Secretary is authorized to provide for the acquisition
construction and maintenance of forest development roads within and near
the national forests and other lands administered by the Forest Service
in locations and according to specifications which will permit maximum
economy in harvesting timber from such lands tributary to such roads and
at the same time meet the requirements for protection, development, and
management thereof, and for utilization of the other resources thereof.
Financing of such roads may be accomplished (1) by the Secretary
utilizing appropriated funds, (2) by requirements on purchasers of
national forest timber and other products, including ++EP++ provisions
for authorization of road costs in contracts, (3) by cooperative
financing with other public agencies and with private agencies or
persons, or (4) by a combination of these methods (: % %
% % Provided, That where roads of a higher standard than that needed in
the harvesting and removal of the timber and other products covered by
the particular sale are to be constructed, the purchaser of the national
forest timber and other products shall not be required to bear that part
of the costs necessary to meet such higher standard, and the Secretary
is authorized to make such arrangements to this end as may be
appropriate. ++EP++
SRP SENATE REPORT
OTH OTHER
760514 (PART 10 OF 10)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 3091
S REP 94-893
94TH CONG, 2ND SESS
76-S163-14
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 83)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 278 TO 362)
APPENDIX, ANALYSIS OF TIMBER GROWTH PATTERNS, BY ROBERT E WOLF,
ASSISTANT C HIEF, ENVIRONMENT AND NATURAL RESOURCES POLICY DIVISION,
CONGRESSIONAL RESEARCH SERVICE, LIBRARY OF CONGRESS (PAGES 78 TO 83)
% %
% %
The forests of the United States are extremely heterogeneous in
species composition and age classes. This is why forest managers face
complex, on-the-ground considerations in selecting appropriate
harvesting levels, rates, timing, and systems in order to achieve
sustained yield management.
The concept of sustained yield management is based on adopting growth
cycles, for example, of 50 years, 100 years or 200 years, and the forest
is managed so that relatively equal periodic harvests are made
throughout the cycle. In those instances of a small ownership of 100
acres, 5 or 10 harvests may occur in a century. In larger properties,
of perhaps 100,000 or 1,000,000 acres, harvests would be made annually
on several parts of the ownership. The National Forest System is
composed of these large management units and the Committee is therefore,
dealing with the management of large areas.
In the United States, neither the natural forests nor the managed
forests contain the combination of age classes or pattern of
distribution that makes it simple to chart a regular annual harvest
level, sustaining yields and multiple uses. The natural forest is
seldom found this way and the managed forest has not existed long enough
to contain these distributions.
Forest management decisions are complicated by other considerations.
For example, there are two basic forest management systems. In an
even-aged system, the property is formed into a series of blocks, each
of which contain trees of approximately the same decadal age. The total
forest is all-aged, but the trees in any one block are essentially of
one age. Conversely, the all-aged forest is one where the entire
property is made up of stands with treesd of many ages.
Another aspect which requires attention is the forest situation
created for multiple-use management goals. This may require adjustments
between composition of species, age distribution, or tree condition to
achieve water, wildlife or wood goals.
Activities in the first rotation cycle must not only accommodate
multiple-use and sustained-yield objectives, but also must assist the
transition to the next cycle so that composition and distribution of
species and age classes will not adversely affect management objectives.
Most National Forest management units are in their first rotation
cycle and thus are not in the pattern proposed for long-term
sustained-yield multiple-use management. ++EP++ % %
% %
Further complicating factors are the frequent absence of early
construction of the planned basic road network which inhibits management
flexibility, and funding levels and allocations. Still another
consideration that must be taken into account in renewable resource
management on forested land is site capability, which is a major
determinant of growth capacity. Unless there is relatively even
distribution throughout the forest of lands by site capability in age
classes, future decadal yields will be affected.
Thus, even before one considers some of the economic and related
ecological consequences of possible actions, the issue of regulation of
yields requires consideration of a number of factors.
Sustained yield is a goal that is attained only by good, basic data,
well planned actions and timely execution.
In many of the Eastern National Forests, for example, the lands were
acquired in a cut-over condition following decades of abuse. Their
composition is far different from the original cover, both in ecologic
and economic utility. Soils are depleted, output levels are far below
site potential, and species are ecologically inferior. The land manager
faces the challenge of increasing these outputs and realizing the
inherent potential of the land.
In contrast, in many of the Western National Forests, natural stands
prevail. While in the main their condition and distribution and
composition have been affected more by natural events than by man, there
has already been sufficient intervention by man so that securing a
sustained yield presents another set of complications. Some of these
Western forests are immature, while others are in a state of decay.
Conifers and single species are dominant. Insects, disease, fire, and
natural mortality complicate management.
The managed forest concept is not based on growing the majority of
trees to a state of physiological maturity. Forests management
programs, in general, are conceived using management cycles that span
one half or less the time required to have a tree reach physiological
maturity. But in this period with well executed choices overall, an
increased yield of all benefits can be realized.
East or west, north or south, there are a series of management
options planting genetically superior stock, thinnings, stand
improvement, and intermediate cuttings -- when applied wisely in the
managed forest can increase yields of usable material in shorter cyles
of management enhance species and tree quality and enhance socially
desirable and environmentally needed multiple-use benefits. ++EP++ % %
% %
% %
% %
% %
% %
As the above graphs show, the shift from an unmanaged to a managed
forest presents complex problems when the goal is a perpetual and
continuous supply of timber. The dicciculties are large, whether
dealing with young or old, previously unmanaged forests.
The other issue is level of output. Obviously, if the first
constraint of continuity of supply is going to be observed, increased
yields are possible. However, the time of its effective attainment will
be affected by when one can effectively increase growth.
An early bunching of rapid growth will not aid the continuity of
future supply. If output levels are set too low, however, achieving
feasible increases will be delayed.
In practical terms over time, timber removals cannot exceed growth
and sustain a high rate of removal. A forest owner starting with a zero
inventory who planned a 100 year forest rotation would not harvest the
first finished crop until the 10th decade. Where an owner has an
existing stand of older timber and is converting the forest to a 100
year rotation, he has two basic alternatives: (1) rapidly liquidate the
present stand but in the future have a gap in out put; or (2) plan the
removal of the present stand over 10 decades, choosing the rate and
location of removals so that at the 10th decade the forest is so
arranged that in each decade thereafter he will have the opportunity to
cut one-tenth of the forest. The level of growth planned and attained
in each decade will control the future harvest level to decades hence.
The closer one gets to the point where the existing stand is removed,
the less flexibility one has to make adjustments for the next cycle,
since reserves will be made up mainly of young immature stands growing
for the future.
Forest Service survey data in the Pacific Northwest demonstrate the
problems emerging in that region. These problems account for the
pressures to rapidly increase National Forest harvest levels.
DOUGLAS FIR REGION-WASHINGTON AND OREGON COM FOR ACREAGE, VOLUME,
GROWTH AND REMOVALS.
1 Source: "Timber Resource Statistics for Washington, "Jan 1, 1973,
USDA FS. Panbul 53. "Timber Resource Statistics for Oregon, Jan 1,
1973, USDA FS Panbul 56. ++EP++ USDA FS. Panbut 53. "Timber Resource
Statistics for Oregon, Jan 1, 1973, USDA FS Pnabut 56 ++EP++ % %
% %
The sustained yield practicalities for each class of owner is thus
affected by the various age class relationships. They are also
conditioned by present stocking, inventories, cutting rates and by what
happened in the past.
The generally held notion is that the lands in small holdings have
the lowest order of management and thus growth, while it is said
industry lands have the highest order of management and growth. Yet
when one looks at growth rate data, both as a percentage of volume and
per acre growth in the Pacific northwest, this does not appear to be
true. The farm lands in Washington compare very favorably with industry
lands, and in Oregon their rate of growth and percent of growth on the
farm lands substantially exceeds that on industry lands. Another factor
of significant impact is that the rate of harvest on industry lands is
the highest, far above growth rates. Also this is more so in Oregon
than in Washington. Further, the rate of growth on industry lands does
not appear to be as great as one would expect, especially in Oregon,
given the point in the liquidation process that has been reached.
The significance is that a rate of cutting that liquidates the
inventory is acceptable, in sustained yield terms, if the time span is
long enough to permit the in-growth to replace it.
On farm lands in the Pacific Northwest, the inventory is low, the
rate of growth is low, and the sustained yield is low. This
demonstrates, by comparison with the industry lands, that sustained
yield can mean many things. The data on industry lands show removals in
excess of growth and a low rate of growth. The same condition exists on
the public forests, thus emphasizing the need to rapidly enhance
productivity on lands previously cutover. A more effective picture
would be revealed if the growth rates were depicted by decadal periods,
thus permitting better evaluation of future sustained-yield levels.
However, on a regional basis, the data revealing because it demonstrates
the reason for urging more rapid cutting of remaining old-growth timber
on the National Forests. The long range regional impacts, however,
would be to adversely affect outputs since neither the farm or industry
groups of lands, half the production area and more than half of the
productivity base, are being positioned rapidly enough to increase their
outputs 2 to 5 decades ahead. ++EP++
SRP SENATE REPORT
760519 (PART 1 OF 5)
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
S 3091, S 2926, S 2851
S REP 94-905
94TH CONG, 2ND SESS
76-5443-25
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 15)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 395 TO 407)
PURPOSE, MAJOR PROVISIONS, LEGISLATIVE HISTORY COMMITTEE
RECOMMENDATION AND TABULATIONS OF VOTES, COST AND BUDGETARY
CONSIDERATIONS (PAGES 1 TO 3)
% %
% %
The Committee on Interior and Insular Affairs, to which was referred
the bill (S. 3091) a bill to amend the Forest and Rangeland Renewable
Resources Planning Act of 1974, and for other purposes, having
considered the same, reports favorably thereon without amendment and
recommends that the bill do pass.
The Committee on Agriculture and Forestry in Report No. 94-893 dated
May 15, 1976, recommended amending S. 3091 by striking all after the
enacting clause and inserting a new text. The Committee on Interior and
Insular Affairs concurs with that recommendation, and with the
discussion ot the bill in Report No. 94-893.
The National Forest Management Act of 1976 is designed to provide
modern policy guidelines for management of the National Forest system.
It also will resolve the legal questions over the existing timber sale
authority which were raised by the so-called Monongahela decision, Izaak
Walton League et al. v. Butz, (522 F. 2d 945, 4th Cir., 1975).
The report of the Committe on Agriculture and Forestry (S. Rep. No.
94-893) discusses in detail the provisions of the bill. The following
summary of major provisions may be useful.
1. Specific guidelines for inventory and land use planning. Planners
must consider both the economic and environmental aspects of various
resource management systems. Calls for diversity of plant ++EP++ and
animal communities which is a particular concern in eastern hardwood
forests. % %
% %
Requires continuous field evaluation of management systems and
conformance of all activities and timber contracts with land management
plans. Interim guidelines must be established within 90 days and
permanent guidelines within two years. Section 5.)
2 Public Participation and Intergovernmental Coordination. Requires
consulation with state resource management agencies, establishment of
advisory boards, and public participation in development of resource
guidelines and plans. (Section 5(c) and Section 14.)
3. Allowable Cut Determinations. -- Allowable cuts must be based only
on land available and suitable for timber production. Timber production
will not be a management goal where cost of production will exceed
estimated economic return. Increases in allowable cuts based on
intensified management can be made only if justified and continued only
if the anticipated results of management take place. (Sections 5 and
13.)
4. Lands Suitable For Timber Harvest. -- Requires timber harvesting
only from lands where watershed will not irreversibly damaged,
restocking can take place within five years after harvest, and bodies of
water are protected where harvest could adversely affect water
conditions or fish habitat. (Section 5.)
5. Clearcutting. -- Permits clearcutting (and other even-aged
management) only where it is the optimum silvicultural method to meet
the objectives of the land management plan. Clearcut areas must be
blended to the extent practicable with the natural terrain. Requires
Forest Service to establish maximum size limits for clearcuts. (Section
5.)
6. Timber Sales. -- Amends the 1897 Act to eliminate the archaic
language leading to the Monongahela decision. Validates existing
contracts. Places a general ten-year term on the sale contracts and
requires a plan of operation which must be complied with. (Sections 14
and 15.)
7. Road Construction. -- Requires that all roads be designed to
standards appropriate for the intended uses considering safety, cost of
transportation, and impacts on land and resources. Temporary roads must
be designed so that vegetative cover will be reestablished within ten
years after termination of the contracts. Eliminates "prudent operator"
provision of a 1964 road act. This provision precludes Forest Service
from requiring construction of multiple use roads by operators despite
the fact that the operator receives full credit for his expenditures
against the price of the timber. Timber industry strongly opposes its
elimination. (Sections 8 and 20.)
8. Revenue Sharing With States and Counties. -- Amends the
Knutson-Vandenberg Act which provides that states receive 25 percent of
the monies received from timber sales so that the 25 percent will be
calculated on the basis of gross receipts rather than net as is present
pratice. At current rates, this will increase the total payment to
states for expenditures in the counties by approximately $60 million a
year. (Section 16.)
The Committees on Interior and Insular Affairs and Agriculture and
Forestry held three days of joint hearings on March 15, 16 and ++EP++
22. % %
% %
The bills under consideration were S. 2926, the National Forest
Timber Management Reform Act of 1976, introduced by Senator Randolph and
referred to both the Committees; S. 3091, introduced by Senator
Humphrey and referred to the Agriculture Committee; and S. 2851,
introduced by Senators Stevens and Gravel and referred to the
Agriculture Committee.
Under the rules of the Senate, the two Committees share jurisdiction
over matters relating to the National Forests. The Committee on
Interior and Insular Affairs has jurisdiction over forest reserves
created from the public domain. This is approximately 160 million acres
of the 187 million acres included in the National Forest System.
The Committee on Agriculture and Forestry has jurisdiction over
forestry in general and forest reserves other than those created from
the public domain.
The two Committees conducted joint markup sessions on S. 3091 on
April 27 and 29 and May 3 and 4. The Committee deeply appreciates the
courtesies extended by Chairman Talmadge and the members of the
Agriculture Committee Committee during both the hearings and the mark
ups.
The Committee drew heavily on the March, 1972 Committee Print,
"Clearcutting on Federal Timberlands", Report by the Subcommittee on
public Lands to the Committee on Interior and Insular Affairs, United
States Senate, 92d Congress, 2d Session.
The Senate Committee on Interior and Insular Affairs, in open
business session, on May 5, 1976, by unanimous vote of a quorum present,
recommended that the Senate pass S. 3091, if amended as described in the
report on the bill by the Committee on Agriculture and Forestry.
Pursant to Section 133(b) of the Legislative Reorganization Act of
1946, as amended, the following is a tabulation of votes of the
Committee during consideration of S. 3091,
During the Committee consideration of S. 3091, a number of voice
votes and roll call votes were, taken and amendments introduced. These
votes were taken in open business meeting and thus were announced by the
Committee in accordance with provisions of Section 133(b). They are set
out in the minutes of the meetings maintained in the Committee's files.
These are set out in the report of the Committee on Agriculture and
Forestry (S.Rept. No. 94-893). ++EP++
SRP SENATE REPORT
760519 (PART 2 OF 5)
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
S 3091
S REP 94-905
94TH CONG, 2ND SESS
76-S443-25
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 15)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 395 TO 407)
EXECUTIVE COMMUNICATION WITH 2 LETTERS EMBEDDED (PAGES 3 TO 5)
% %
% %
The Administration's views on S. 3091 are set out in the report of
the Committee on Agriculture and Forestry. (See Report 94-893.)
During the markup on S.3091, the two Committees considered an
amendment offered by Senator Bumpers dealing with procedures to be
followed by the Forest Service for inventoried roadless areas larger
than 5,000 acres. This issue related to the implementation of the
++EP++ Wilderness Act of 1964 which is under the jurisdiction of the
Committee on Interior and Insular Affairs. % %
% %
Senator Bumpers withdrew his amendment so that he and other members
of the Interior Committee could pursue the issue with the Forest
Service. The following exchange of letters between Senators Metcalf,
Bumpers and McClure and Chief McGuire set out the understanding that has
been reached.
Chief JOHN MCGUIRE, U.S. Forest Service, Department of Agriculture,
Washington, D.C.
DEAR CHIEF MCGUIRE: As you may recall during the markup on S. 3091,
Senator Bumpers first offered and then withdrew an amendment dealing
with the procedures for inventoried roadless areas larger than 5,000
acres.
We feel that it is necessary for the Forest Service to be able to
carry out its management plans, and for the Congress to have adequate
time to provide both general oversight of land management decisions,
and, in cases of serious controversy, to have an opportunity to
determine whether direct congressional action is needed. All of us are
dissatisfied, as we know you are, with the inordinate amount of time
that has been spent in dealing with several recent issues in a crises
atmosphere.
Subsequent to the markup, Senator Bumpers met with you in his office
to discuss this issue in more detail. It is our understanding that an
agreement was reached which does not differ substantially from present
Forest Service practices. It would be extremely useful if you could
provide us with a letter describing the procedures which were discussed
at that time so that they may be included in the Interior Committee
Report of S.3091.
By making these procedures more visible, it is our hope that the
Forest Service will be able to proceed more expeditiously with
implementing its management plans without undue delay, and the Congress
will be able to more effectively consider for wilderness study or
designation those areas which may merit such action.
We greatly appreciate your cooperation in this matter.
Sincerely,
/s/LEE METCALF,
Acting Chairman.
/s/DALE BUMPERS,
/S/JAMES MCCLURE.
Hon. LEE METCALF,
Acting Chairman, Committee on Interior and Insular Affairs,
U.S. Senate.
DEAR MR. CHAIRMAN: In response to your request, we are pleased to
outline our policy regarding the management of inventoried roadless
areas and wilderness study areas within the National Forest System.
A complete study will be made of each of the wilderness study areas
++EP++ to determine its suitability or non-suitability for preservation
as wilderness. % %
% %
During the entire study process, including the filing of
environmental statements, we will protect the wilderness study areas
from any activity that would change the land characteristics in such a
way as to preclude the area from wilderness designation. However, our
efforts to protect wilderness study areas will be subject to valid
existing rights, including those under the mining laws of 1872. We
will, to the extent possible, defer discretionary actions, such as those
related to mineral leasing, within wilderness study areas until after
the preparation of land management plans, the filing of environmental
statements, and the making of final decisions.
Furthermore, and the inventoried roadless areas not selected for
wilderness study will also be managed to protect their wilderness
characteristics until land management plans including environmental
statements have been completed and wilderness values as well as other
values have been considered.
If the decision set forth in any final environmental statement
affecting an inventoried roadless area is to use the area for purposes
other than wilderness, we will delay implementation of such a decision
for 90 calendeer days while Congress is in session. This will provide
an ample period during which the appropriate Congressional Committee
chairmen can become informed about the planned action. If, during the
90-day period, one of the appropriate Committee chairmen requests a
further delay in implementation of the decision so that hearings can be
held, we will provide an additional delay of reasonable duration. We
would hope that such additional delays will be generally requested only
under unusual circumstances and that they will normally be of no more
than six months duration.
If the House or the Senate passes a bill to designate all or any
portion of an inventoried roadless area as wilderness or to designate
all or any portion of an inventoried roadless area for wilderness study,
we will protect the wilderness characteristics of the area during the
period between passage by one House and action by the other House in the
same Congress. The protection of wilderness characteristics within
inventoried roadless areas not selected for wilderness study is also
subject to valid existing rights such as access to and from private
lands.
In the case of inventoried areas not selected for wilderness study,
we do not plan to prepare environmental statements for actions that
might reduce the area's wilderness characteristics in emergency
situations (such as fire and insect outbreaks) or where the exercise of
valid existing private rights are involved.
Sincerely,
/s/JOHN R MCGUIRE, Chief. ++EP++
(such as fire and insect outbreaks) or where the exercise of valid
existing private righte sure involed.
Sincerely,
John R. McGuire, Chief.
++EP++ ++EP++
John R. McGuire, Chief.
++EP++
SRP SENATE REPORT
STM STATEMENT
760519 (PART 3 OF 5)
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
S 3091
S REP 94-905
94TH CONG, 2ND SESS
76-5443-25
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 15)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 395 TO 407)
ADDITIONAL VIEWS OF SENATORS FANNIN, HATFIELD, AND MCCLURE (PAGE 7)
% %
% %
During the markup of S. 3091 concern was raised about deficit sales
on National Forest lands. These are sales that do not appraise out with
a full profit margin under the appraisal system. A large part of the
reason for deficit sales involves the construction of roads. The
Agriculture Committee Report has already commented on the desire ability
to restore a better balance between appropriated funding of roads and
roads financed by individual timber sales. This in itself will provide
relief in helping to eliminate deficit timber sales for this reason. In
broadening the application of the Act of June 9, 1930, it is not
intended to provide for an increased deficit sale situation. About 40
percent of the timber sales in the Rocky Mountain area fall into this
deficit category.
There was considerable debate during the markup on Section 6 (II)
(iii) over the intent of this Section. It is the understanding as
expressed in these additional views that the intent is to avoid planting
trees on those lands where there is clearly no chance of achieving a
commercial forest crop, however, planting trees or other vegetation for
other multiple use purposes is not precluded.
/s/Paul J. Fannin.
/s/Mark O. Hatfield.
/s/James A. McClure. ++EP++
SRP SENATE REPORT
760519 (PART 5 OF 5)
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
S 3091
S REP 94-905
94TH CONG, 2ND SESS
76-S443-25
NATIONAL FOREST MANAGEMENT ACT OF 1976 (PAGES 1 TO 15)
COMPILAITION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 395 TO 407)
CHANGES IN EXISTING LAW (PAGE 15)
% %
% %
These are set out in the report of the Committee on Agriculture and
forestry (S Rep 91-893). ++EP++
CRP CONFERENCE REPORT
740802 (PART 1 ) OF 3)
COMMITTEE OF CONFERENCE
S 2296
C REP 93-1067
93RD CONG, 2ND SESS
74-S163-19
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974 (PAGES
1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 194 TO 204)
TEXT OF REPORT (PAGE 1)
% %
% %
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S.2296) to provide,
for the Forest Service, Department of Agriculture, to protect, develop,
and enhance the environment of certain of the Nation's lands and
resources, and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows,
That the Senate recede from its disagreement to the amendment of the
House to the text of the bill and agree to the same with an amendment as
follows, ++EP++
CRP CONFERENCE REPORT
SBR SENATE BILL REPORTED
740802 (PART 2 OF 3)
COMMITTEE OF CONFERENCE
S 2296 (BILL TEXT OMITTED SEARCH IN BILL FILE.)
C REP 93-1067
93RD CONG, 2ND SESS
74-S163-19
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974 (PAGES
1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 194 TO 204)
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974 (PAGES
1 TO 6)
% %
% %
AUGUST 2, 1974
In lieu of the matter proposed to be inserted by the House amendment
insert the following, % %
% %
And the House agree to the same.
/s/
/s/
/s/
/s/HUBERT H. HUMPHREY,
/s/GEORGE D. AIKEN,
/s/HENRY BELLMON,
/s/JESSE HELMS,
Managers on the Part of the
Senate.
/s/W. R. POAGE,
/s/JOSEPH P. VIGORITO,
/s/JOHN R RARICK,
/s/GEO. A. GOODLING,
/s/LAMAR BAKER,
Managers on the Part of the House.
++EP++
CRP CONFERENCE REPORT
STM STATEMENT
740802 (PART 3 OF 3)
COMMITTEE OF CONFERENCE
S 2296
C REP 93-1067
93RD CONG, 2ND SESS
74-S163-19
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974 (PAGES
1 TO 11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 194 TO 204)
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE (PAGES 7
TO 11)
% %
% % The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amendments
of the House to the bill (S. 2296) to provide for the Forest Service,
Department of Agriculture, to protect, develop, and enhance the
environment of certain of the Nation's lands and resources, and for
other purposes, submit the following joint statement to the House and
the Senate in explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report. The
differences between the Senate bill and the House amendments and the
substitute agreed to in conference are noted in the following outline,
except for conforming, clarifying, and technical changes,
(1) The Senate bill provides that the short title is the "Forest and
Rangeland Environmental Management Act of 1974". The House amendment
provides that the short title is the "Forest and Related Resources
Planning Act of 1974"
The conference substitute provides that the Act may be cited as the
"Forest and Rangeland Renewable Resources Planning Act of 1974".
(2) The Senate bill contains a statement of findings declaring the
importance of renewable resources, their conservation, and their wise
management to the Nation's ecological and economic well-being. The
House amendment contains no comparable provision.
The conference substitute deletes the Senate provision.
(3) The Senate bill refers throughout to the "renewable resources" of
the forest, range, and associated lands. The House amendment refers
instead to the "forest and related resources" and defines such phrase as
matters within the jurisdiction of the Forest Service on the date of
enactment of the bill.
The conference substitute adopts the terminology of the Senate bill
but defines "renewable resources" as matters within the jurisdiction of
the Forest Service on the date of enactment of the bill.
(4) The Senate bill requires the Secretary of Agriculture to prepare
a National Renewable Resource Assessment. The House amendment requires
the Secretary to prepare a Forest and Related Resources Assessment, but
limits the Assessment to programs administered by the Forest Service.
The conference substitute adopts the limitation of the House
amendment in requiring the preparation of a Renewable Resource
Assessment.
(5) The Senate bill requires the preparation of the Assessment not
later than December 31, 1974. The House amendment changes the date to
December 31, 1975.
The conference substitute adopts the House provision. ++EP++ % %
% %
(6) Both the Senate bill and the House amendment require that the
Assessment include an inventory of present and potential resources, The
House amendment provides that the inventory is to be based on
information available to the Forest Service and other Federal agencies.
The conference substitute provides that the inventory is to be based
on information developed by the Forest Service and other Federal
agencies.
(7) The House amendment requies that the Assessment include a
detailed study of personnel requirements needed to meet existing and
ongoing Forest Service programs. There is no comparable Senate
provision.
The conference substitute includes the House provision as part of the
Renewable Resource Program that the Secretary of Agriculture is required
to prepare.
(8) Both the Senate bill and the House amendment amend section 9 of
the McSweeney-McNary Act of 1928 to require comprehensive surveys of the
resources of the forest and range lands of the United States. The
Senate bill authorizes the appropriation of such sums as may be
necessary to carry out the surveys. The House amendment authorizes
appropriations not to exceed $20 million in any fiscal year.
The conference substitute adopts the House provision.
(9) the Senate bill requires the Secretary of Agriculture to prepare
and transmit to the President a Renewable Resource Program which shall
provide for the protection, management, and development of the National
Forest System, including forest development roads and trails, for
cooperative programs on non-Federal lands, and for research. The House
amendment requires the Secretary to prepare and transmit to the
President a Forest and Related Resource Program "displaying alternative
objectives and associated programs". The House amendment also refers to
"cooperative forestry programs" rather than to cooperative programs on
non-Federal land.
The conference substitute requires that the Secretary prepare and
transmit to the President a recommended Renewable Resource Program. The
conference substitute provides that the Program may include alternatives
and refers to "cooperative Forest Service Programs".
(10) The House amendment requires that the Secretary of Agriculture,
in preparing the Program, use information available to the Forest
Service and other agencies of the Department of Agriculture, including
data prepared pursuant to section 302 of the Rural Development Act. The
Senate bill contains no comparable provision.
The conference substitute adopts the House provision.
(11) The Senate bill requires the preparation of the Program not
later than December 31, 1974, to cover the five year period 1975 1980.
The House amendment changes the date to December 31, 1975, to cover the
four year period 1976 1980.
The conference substitute adopts the House provision. ++EP++ % %
% %
(12) The Senate bill requires that the Program include a discussion
of priorities for accomplishment of "inventoried program needs". The
House amendment refers instead to "inventoried program opportunities,
with specified costs, outputs, results, and benefits".
The conference substitute adopts the House provision.
(13) The Senate bill requires that the Secretary of Agriculture
develop land and resource use plans for the National Forest System
coordinated with the land use planning processes of State and local
governments and other Federal agencies. The House amendment requires
land and resource "management" plans. The Secretary would be required
to consult with State and local officials in devising and implementing
such plans.
The conference substitute requires land and resource management plans
coordinated with the land and resource management planning processes of
State and local governments and other Federal agencies.
(14) The Senate bill requires that the Secretary of Agriculture make
available to States and other planning organizations the Assessment,
resource survey, and Program prepared pursuant to the bill. The House
amendment provides that the Secretary may utilize the Assessment,
resource surveys, and Program to assist States and other planning
organizations.
The conference substitute adopts the House provision.
(15) The Senate requires the Secretary of Agriculture to utilize such
public participation as he deems appropriate -- including public
hearings, meetings, and advisory groups -- in the development of the
Assessment, resource inventories, and Program. There is no comparable
House provision.
The conference substitute contains no express public participation
provision. The conferees note that, under existing law, the Secretary
has authority to provide for needed public participation in the
development of the Assessment, resource inventories, and Program.
(16) The Senate bill requires the Congress to hold public hearings on
the Assessment and Program and by resolution establish a Statement of
Policy to guide the President in framing budget requests. The House
amendment requires that the President submit the Statement of Policy,
such statement to go into effect unless either the House of
Representatives or the Senate adopts a resolution disapproving the
statement within 60 days.
The conference substitute adopts the House provision with an
amendment providing that Congress may revise or modify the Statement of
Policy, and the revised or modified Statement of Policy shall be used in
framing budget requests.
Too, in the absence of approval or formulation of Statements of
Policy as provided in the bill, the President shall continue to submit
budget request in accordance with policies previously approved.
Although the conference substitute contains no provisions for public
hearings, the conferees anticipate that the legislative committees will
-- as part of the Congressional review process evaluating the
Assessment, Program, and Statement of Policy -- hold such public
hearings as are appropriate. ++EP++ % %
% %
(17) The Senate bill provides that the President can impound funds
appropriated for the purposes of the Statement of Policy adopted by
Congress only when (a) the appropriation Act provides specifically for
discretion as to such expenditures, or (b) the President finds that
because of events occurring subsequent to the enactment of the
appropriation Act, such expenditure would fail to accomplish its
purpose. The House amendment contains no comparable provision. because
of events occurring subsequent to the enactment of the appropriation
act, such expediture would fail to accomplish its purpose. The House
amendment contains no comparable provision.
The conference substitute deletes the Senate provision, but provides
specifically that amounts appropriated to carry out the policies
approved under the bill shall be expended in accordance with the
Congressional Budget and Impoundment Control Act of 1974.
(18) The Senate bill sets the year 2000 as the target year when (a)
all backlogs of needed treatment for renewable resources are reduced to
a current basis and (b) the major portion of planned intensive
management procedures are installed and operating on an environmentally
sound basis. The House amendment contains no comparable provision.
The conference substitute adopts the Senate provision.
(19) The Senate bill contains an anti-impoundment provision to
encourage the Administration's use of appropriated funds for forest
development roads and trails rather than relying on construction
financed by forest product purchasers. The House amendment contains no
comparable provision, but requires that the Secretary of Agriculture
prepare and transmit to the Congress an analysis of the various methods
of financing the construction of forest development roads, together with
his recommendations for financing such roads in the future.
The conference substitute retains the purpose of the Senate provision
by providing that the financing of forest development roads by forest
product purchasers shall be deemed "budget authority" and "budget
outlays" as those terms are defined in the Congressional Budget and
Impoundment Control Act of 1974 and effective for any fiscal year only
to such extent or in such amounts as are provided in appropriation Acts.
(20) The Senate bill provides that, in applying the authority for
financing the construction of forest roads, and trails by forest product
purchasers, the Secretary of Agriculture is to give due consideration to
avoiding actions which may unduly impair revenues received and affect
adversely payments to particular counties within the National forest
System. The House amendment contains no comparable provision.
The conference substitute deletes the Senate provision.
(21) The definition of the National Forest System is identical in the
Senate bill and the House amendment, except that the House amendment
inserts the phrase "federally owned" to make it clear that the System
consists of federally owned units of forest, range, and related lands.
The conference substitute adopts the House provision. ++EP++ % %
% %
(22) The House amendment requires the Secretary of Agriculture, in
carrying out the bill, to (a) use data available from other Federal,
State, and private organizations and (b) avoid duplication and overlap
of resource assessment and program planning efforts of other Federal
agencies. The Senate bill contains no comparable provision. The
conference substitute adopts the House provision.
/s/HERMAN E. TALMADGE,
/s/JAMES O. EASTLAND,
/s/JAMES B. ALLEN,
/s/HUBERT H. HUMPHREY,
/s/GEORGE D. AIKEN,
/s/HENRY BELLMON,
/s/JESSE HELMS,
Managers on the Part of the
Senate.
/s/W. R. POAGE,
/s/JOSEPH P. VIGORITO,
/s/JOHN R. RARICK,
/s/GEO. A. GOODLING,
/s/LAMAR BAKER,
Managers on the Part of the House.
++EP++
HRP HOUSE REPORT
740627 (PART 1 OF 4)
COMMITTEE ON AGRICULTURE
HR 15283
HR REP 93-1163
93RD CONG, 2ND SESS
74-H163-12
FOREST AND RELATED RESOURCES PLANNING ACT OF 1974 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 165 TO 176)
PURPOSE OF THE LEGISLATION (PAGES 1 TO 2)
% %
% %
The Committee on Agriculture, to whom was referred the bill (H.R.
15283) to provide for the Forest Service, Department of Agriculture, to
protect, develop, and enhance the productivity and environmental values
of certain of the Nation's lands and resources, and for other purposes,
having considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows,
Page 10, line 10, delete the word "two" and insert in lieu thereof
the word "the".
The purpose of the proposed legislation is to provide for the
protection, development, and environmental enhancement of certain of the
Nation's lands and resources. It provides for wise and orderly
development of the renewable resources of the forests, range, and
associated lands. The intent of the legislation is to establish more
Congressional control over the management activities and appropriation
processes of National Forest System lands.
The bill's major provisions require
(1) The Administration to prepare a National Renewable Resource
Assessment of all such lands and resources, and a Forest Service
Renewable Resource Program,
(2) The submission of both the Assessment and the Program to
Congress for review,
(3) The accountability for those budget requests that are
insufficient to meet the goals outlined in the National Policy
Statement; and
(4) The preparation of an annual progress report by the
Administration. ++EP++
% %
% %
In essence, the bill's major provisions reform current procedures for
establishing and attaining National goals for the National Forest System
management and related activities of the Forest Service in Research and
Cooperative programs on other lands. It provides for better resource
inventories and analyses of short-term and long-term uses, demands, and
supplies of renewable resources. Where presently only the Forest
Service and the Administration set program goals and policies, under the
legislation both the Administration and Congress, will jointly establish
such goals and policies.
Other positive aspects of the Bill will give Congress and the public
a greater role in the decision making process of National goals and
policies for National Forest System land management and provide for a
systematie and comprehensive analysis of resource goals, both short and
long term, and a periodic review to update programs and policies. ++EP++
HRP HOUSE REPORT
740627 (PART 2 OF 4)
COMMITTEE ON AGRICULTURE
HR 15283, HR 11320, S 2296
HR REP 93-1163
93RD CONG, 2ND SESS
74-H163-12
FOREST AND RELATED RESOURCES PLANNING ACT OF 1974 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 165 TO 176)
SECTION-BY-SECTION ANALYSIS, COMMITTEE CONSIDERATION (PAGES 2 TO 6)
% %
% %
Section 1. Short Title. -- Forest and Related Resources Planning Act
of 1974.
Section 2. Forest and Related Resources Assessment -- Subsection (a)
recognizes the importance of taking a long-term view in planning and
conducting forestry and related resource programs administered by the
Forest Service of the U.S. Department of Agriculture. Accordingly, the
Secretary of Agriculture is directed to prepare a Forest and Related
Resources Assessment not later than December 31, 1975. The Assessment
will be updated during 1979 and every tenth year thereafter. The
Assessment shall include present and anticipated uses, demands,
supplies, and prices of forest and related resources, an inventory of
forest and related resources, a description of FS programs, a study of
personnel requirements and shall also consider and discuss Federal
forestry resource programs, policy, investment costs, returns and
benefits relating thereto.
Subsection (b) expands the Forest Survey conducted by the Forest
Service pursuant to the McSweeney-McNary Act of 1928 to include surveys
of related forest resources in conjunction with surveys of timber and
forest products. The appropriations authorization is raised from $5
million to $20 million. This expansion of the Forest Survey is
necessary to assure the availability of adequate data and scientific
information for developing and updating the Assessment.
Section 3. Forest and Related Rssources Program -- In order to
provide for periodic review of Federal forestry programs, the Secretary
of Agriculture is directed to prepare and transmit to the President a
Forest and Related Resources Program. Based on the Assessment and
utilizing information from other USDA agencies, the Program will display
alternative objectives and associated programs for the full range of
Forest Service programs. The Program will contain an inventory of
specific needs and opportunities for both public and private forestry
investments, program outputs, results, benefits and costs, and a
discussion of priorities for accomplishing the inventoried program
opportunities. The Program will be prepared by December 31, 1975, and
will cover the period from 1976-1980 and at least each of the next 4
fiscal decades following 1980. The Program shall be updated every 5
years. ++EP++ % %
% %
Section 4. National Forest System Resource Inventories. -- As part of
the Assessment, the Secretary will develop, maintain and continually
update a comprehensive inventory of all National Forest System lands and
resources.
Section 5. National Forest System Resource Planning. -- As part of
the Forest and Related Resources Program, the Secretary is directed to
develop, maintain, and revise land and resource management plans for
units of the National Forest System, to consult with State and local
officials in devising and implementing such plans, and to use a
systematic interdisciplinary approach in developing the plans.
Section 6. Cooperation in Resource Planning. -- This section permits
the Secretary to utilize the Assessment, resource surveys and Program
prepared pursuant to the Act to assist States and other organizations in
planning for the protection, use and management of forest and related
resources on non-Federal land.
Section 7. National Participation. -- Subsection (a) provides for the
President's transmittal of the Forest and Related Resources Assessment
and Program to the Congress beginning on the date Congress convenes in
1976 and at each update. Along with the Assessment and Program the
President shall submit a detailed Statement of Policy intended to be
used by the Administration in framing budget requests for the Forest
Service. Subsection (a) further provides that if the Congress does not
adopt a resolution disapproving the President's Statement of Policy, the
President shall carry out established forestry programs in accordance
with his policy statement.
Subsection (b) requires the President, beginning in Fiscal Year 1977,
to show how the budget meets the policies approved by Congress. If the
budget request fails to meet the policies established, the President
shall specifically set forth the reasons for the Congress to approve the
lesser programs or policies.
Subsection (c) requires the Secretary to prepare an annual report
evaluating component elements of the Forest and Related Resource Program
beginning with submission of the annual budget for the third fiscal year
after enactment of the Act.
Subsection (d) requires that the annual reports set forth progress in
implementing the Program. The report should set forth objectives in
qualitative and quantitative form, contain measurements of costs and
benefits, and assess the balance between economic and environmental
quality factors.
Subsection (e) requires that the annual reports indicate plans for
implementing corrective action and for submitting legislative
recommendations where warranted.
Subsection (f) requires the reports to be presented in concise
summary form with detailed appendices.
Section 8. Transportation System. -- This section declares the
importance of a proper National Forest transportation system and
provides that methods chosen for financing construction and maintenance
of roads should enhance local, regional, and national benefits. The
section further provides that one year after enactment the Secretary of
Agriculture shall transmit to the Congress an indepth analysis of the
various methods of financing forest development roads along with his
recommendations for financing future forest development roads. The
++EP++ analysis shall display the costs, results and benefits of each
method of financing including the impact of financing methods on
revenues paid the States and counties from National Forest receipts and
on the forest development road and trail fund provided in the Act of
March 14, 1973 (U.S.C. 501). % %
% %
Section 9. National Forest System Defined. -- In subsection (a) the
National Forest System is defined as one integral, nationally
significant public lands system dedicated to the long-term benefit of
present and future generations consisting of those units of federally
owned forest, range and related lands, waters, and interests therein
which are administered by the Forest Service.
Subsection (b) -- Organization provides that Forest Service field
offices shall be located to provide optimum levels of convenient service
to the public with priority being given to locating Forest Service
offices and facilities in rural areas.
Section 10. This section provides that the Secretary of Agriculture
shall use data available from other public agencies and private
organizations to avoid duplication and overlap. The term "forest and
related resources" as used in the Act is limited to those matters
currently within the scope of responsibilities and authorities of the
Forest Service. H.R. 15283, the Forest and Related Resources Planning
Act of 1974, is the culmination of congressional concern in the 93rd
Congress over the demands and conflicting pressures being placed on the
Nation's forest resources.
At the beginning of the 93rd Congress the Nation was caught in a
serious timber supply-demand-price squeeze. Hearings were held by the
Committees on Banking, Housing and Urban Affairs and Banking and
Currency because of the serious lumber shortages facing the housing
industry in some areas of the country. Bills were introduced in both
Chambers to regulate log exports to guarantee sufficient domestic
supplies. Realizing the contribution which private forest lands must
make to assure adequate supplies of timber in the future, the Committee
included in the Agriculture and Consumer Protection Act (P.L. 93-86) a
pilot program to provide incentives to private forest land owners to
encourage forest land owners to increase timber production or other
resource improvements on private lands.
During this period two major reports were released by the Executive,
one by the President's Advisory Panel on Timber and the Environment, the
other by the Forest Service entitled "Outlook for Timber in the United
States." Both reports concluded that significant improvements in
management of the Nation's forest and related resources must occur if
future demands for these resources are to be met at resonable prices.
Appropriately Congress turned its attention to the management of the
National Forests. During appropriations hearings on the Forest Service
Fiscal Year 1974, budget request it was established that the Forest
Service was facing a reduction of some 1,500 personnel in FY 1974. It
was also established that funding requests for management of the
National Forests was far short of the needs for reforestation and timber
stand improvement on National Forest lands.
In response, bills were introduced in the Senate to provide for
longterm investments in timber and other resources of the National
Forests ++EP++ and to assure an adequate funding base for managing
National Forest resources. % %
% %
Hearings were held on some of these bills before the Senate Committee
on Agriculture and Forestry. The Administration testified that special
fund from National Forests receipts would no be sufficient to cover
National Forest investments. Conflicting testimony from timber industry
spokesmen and conservation organizations raised questions about placing
priority on only one of the forest timber resources. During the
hearings it also became clear that the Congress lacked a useful
framework for considering legislation to establish long range forest
policy. Rep, Rarick, Chairman of the Subcommittee on Forests of the
Committee on Agriculture introduced H.R. 11320 in the House to provide
such framework. H.R. 15283 is a successor bill.
H.R. 15283 is landmark forestry legislation. Under the bill the
Forest, Service would be required by statute to engage in long term
planning. Until now the Congress has inadequate and incomplete
information about which to make annual appropriation decisions for
Federal foresty efforts. In the absence of a long-term program for the
National Forests, the Congress could only determine the cumulative
effect of annual budget and appropriation decisions after the fact.
The Assessment called for in H.R. 15283 will place before the
Congress comprehensive data on the state of our Nation's forests and
related resources and the anticipated demand, supply, use, and price of
these resources. The accompanying Resource Program in which the
President will recommend future forestry program objectives and levels
of funding will give the Congress a foundation on which to review
program accomplishments, evaluate the effectiveness of current forest
policy, and establish meaningful forestry goals. Both the Congress and
the Executive will have the tools now to develop sound plans and
policies for the future of forests and related resources. And the
public will also for the first time have the opportunity to view the
total forest resource situation and the outlook for the future.
The need for legislation to provide a long term perspective on the
Nation's forest and related resources has been recognized by
conservation groups as well as commodity users of the National Forests.
In his report to the Committee on H.R. 11320, the Secretary of
Agriculture acknowledged the need for a "better-defined, long-range
perspective on national forestry programs" and noted that such a
long-range view is a "pre-requiste to meeting future demands for forests
and related resources." The Secretary further pointed out that the
formulation of sound national forestry goals, establishment of
meaningful investment priorities, and forestry program accomplishment
would benefit from joint consideration by the Congress and the
Administration.
The Forest and Related Planning Act of 1974 is the latest in a long
line of legislation expressing the intent of Congress to guide the
Nation's forest policy and is in consonance with the Organic Act of
1897, the Multiple Use Act of 1960, and Wilderness Act of 1964 and the
National Environmental Policy Act of 1969.
As such, it is a substantial step forward. This bill would assure
that Congress, and through it, the whole nation, would have at hand the
necessary and essential facts upon which to base wise decisions to
++EP++ direct policy for the National forests. % %
% %
In this way, Congress will enhance its historic oversight role while
providing for an orderly process for more careful planning for the
National forests and related resources.
The Committee anticipates that as a part of the Congressional review
process to evaluate the Assessment, the Program and the President's
statement of policy, the Committee will hold public hearings.
In approving H.R. 15283, the Committee wishes to make it clear that
it is neither the intent nor the desire of the Committee to expand its
legislative jurisdiction over matters that properly reside in other
Committees of the Congress. This legislation concentrates on the public
lands administered by the U.S. Forest Service.
On November 7, 1973, the Forest and Rangeland Environmental
Management Act of 1973, H.R. 11320, was introduced and subsequently
referred to the Forrests Subcommittee. A report was requested from the
United States Department of Agriculture, and on December 10, 1973, the
Department submitted a favorable report, if the bill was amended. On
December 11 and 12, 1973, the Forests Subcommittee held open hearings on
the legislation. In an open business meeting on March 20, 1974, the
Forests Subcommittee ordered the bill reported with amendments by a
voice to the full Committee. In another open business meeting on that
date, the action was reconsidered and S. 2296, as amended, was reported
with an additional amendment by a rollcall vote of 6 to 4 to full
Committee. On May 29, 1974, in an open business meeting of the
Subcommittee the previous action was reconsidered and the legislation
was ordered reported with additional amendments by a rollcall vote of 8
to 0 to the full Committee, with instructions that a clean bill be
introduced. On June 6, 1974, H.R. 15283, the Forest and Related
Resources Planning Act of 1974, was introduced. On June 11, 1974, the
full Committee in an open business meeting unaimously ordered reported
H.R. 15283, as amended. A quorum was present and voting. ++EP++
HRP HOUSE REPORT
740627 (PART 3 OF 4)
COMMITTEE ON AGRICULTURE
HR 15283, HR 11320
HR REP 93-1163
93RD CONG, 2ND SESS
74-H163-12
FOREST AND RELATED RESOURCES PLANNING ACT OF 1974 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 165 TO 176)
ADMINISTRATION POSITION WITH 2 LETTERS EMBEDDED, CURRENT AND FIVE
SUBSEQUENT FISCAL YEAR COST ESTIMATE WITH 1 LETTER EMBEDDED (PAGES 6 TO
12)
% %
% %
During the process of consideration of the legislation by the Forests
Subcommittee, the following two communications were received, in
sequence. Many of the suggestions of the Administration, both formal
and informal, were incorporated in H.R. 15283.
Hon. W. R. POAGE,
Chairman, Committee on Agriculture,
House of Representatives.
DEAR MR. CHAIRMAN: As you requested, here is our report on H.R.
11320, the "Forest and Rangeland Environmental Management Act of 1973."
The Department of Agriculture agrees with the general objectives of
H.R. 11320. Many of the activities addressed by this legislation ++EP++
are presently being undertaken under existing authorities. % %
% %
While bill would broaden and strengthen existing statutory
authorities, it would also limit Presidential flexibility in a number of
respects. The Department of Agriculture therefore recommends enactment
of the bill only if modified along the lines suggested herein.
H.R. 11320 sets forth various findings relating to the renewable
nature of forest and rangeland resources, the role of the Forest Service
in administering these resources, the need for comprehensive planning
for the renewable resources of America's forests and rangelands, and the
need for proper levels of funding and investments in forest and related
resource management.
Section 3 of the bill would require the Secretary to prepare a
Renewable Resource Assessment which would include a detailed
presentation and analysis of (1) current and anticipated use, (2) supply
of and demand for renewable resources, (3) an inventory of present and
potential renewable resource yields, (4) opportunities for increasing
yields of goods and services, and (5) a description of Forest Service
programs and responsibilities, as well as a discussion of important
policy considerations expected to significantly influence the use and
management of the Nation's forests and rangelands. Section 4 would
provide for the development of a long-term Renewable Resource Program to
be submitted by the President to the Congress for each of the next five
decades. Section 5 would direct the Secretary to develop and maintain
inventories of all National Forest System lands and resources. The bill
would also require land use and resource planning for units of the
National Forest System, cooperation with the States in resource
planning, and public participation in the development of the Assessment
and Program. In addition, H.R. 11320 would require the Secretary to
determine optimum management levels for the renewable resources and
authorized uses of each National Forest management unit. Section 9
would set the year 2000 as the target year when all backlogs of needed
conservation treatment for the National Forest System shall be
completed. The bill would declare the importance of a "proper system"
of transportation in the National Forest System by requiring that the
full amounts appropriated for forest roads, trails, and highways be
requested and expended each year by the Forest Service.
H.R. 11320 is an expression of concern over the demands and
conflicting pressures being placed on the Nation's forest resources.
The legislation is timely, as it follows closely upon the recent release
of the "Report of the President's Advisory Panel on Timber and the
Environment" and the "Outlook for Timber in the United States," which
was prepared by the Forest Service of this Department. Both of these
reports conclude that significant improvements in management of the
Nation's forest and related resources must occur if future demands for
these resources are to be met at reasonable prices.
A better-defined, long-range perspective on national forestry
programs is a prerequisite to meeting future demands for forests and
related resources. We believe that joint consideration by the Congress
and the Administration of the state of the Nation's forest resources,
the anticipated supply, demand, and pertinent price trends for these
resources, and costs of alternative approaches related to specified
program ++EP++ accomplishment will benefit formulation of sound national
forestry goals, assist in the establishment of meaningful investment
priorities, and help to assure program accomplishment. % %
% %
We therefore support the basic requirements of H.R. 11320 that the
Secretary of Agriculture periodically develop a National Assessment and
a long range Renewable Resources Program to be transmitted to the
Congress by the President with his recommendations. The bill would
strengthen present Forest Service planning efforts by providing a
stronger statutory base for the development of a long-range forest
resource plan, supported by adequate analysis and resource inventories.
We have also enclosed a revision of the bill which incorporates a
number of proposed changes. Our revision reflects and remedies two
major concerns.
First, wr are concerned with those aspects of the bill which would
restrict Presidential flexibility and discretion in preparing annual
operating plans and attendant budget requests. It is essential that the
President retain the flexibility to accommodate changing economic and
social conditions and to exercise his judgment in the budgetary process
on the appropriate balance among all worthy public programs. The
regular appropriations process allows ample opportunities and an orderly
process for questioning Presidential fiscal priorities and should
continue to be relied upon as the appropriate forum for handling budget
questions and issues.
Second, we urge that the scope of the Assessment and Resource Program
be limited to "forest and related renewable resources." As now phrased,
H.R. 11320 would require the Secretary to assess and present programs
for all renewable resources. This broad terminology could lead to an
overlap and conflict with renewable resource assessment and proram
planning efforts performed by other agencies of the Federal government.
We would prefer to define the scope of a "Forest and Related Renewable
Resources Assessment" as including those matters currently within the
purview of the National Forest System, State and Private Forestry, and
Forestry Research responsibilities and authorities of the Forest
Service.
Our detailed comments and suggestions for amendments are included in
the enclosed Supplemental Statement.
The Office of Management and Budget advises that there is no
objection to the presentation of this report fron the standpoint of the
Administration's program.
Sincerely,
/s/CARROLL G. BRUNTHAVER,
Acting Secretary.
Hon. W. R. POAGE,
Chairman, Committee on Agriculture,
House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: On December 10, 1973, we sent you the Department
of Agriculture's legislative report on H.R. 11320, the Forest and
Rangeland Environmental Management Act. In our report we indicated
++EP++ concerns regarding those aspects of the bill which would restrict
Presidential flexibility and discretion in preparing annual operating
plans and attendant budget requests. % %
% %
We also urged that the scope of the proposed Assessment and Resource
Program be limited to forest and related renewable resources, rather
than applying to all renewable resources.
H.R. 11320 as amended by the Subcommittee on Forests and presented to
the full Committee has not remedied many of the concerns we outlined.
We therefore wish to take this opportunity to reiterate our views to
Committee. In addition to the Subcommittee amendments addressed below,
we continue to be particularly concerned that the bill unduly restricts
Presidential flexibility and discretion and that it remains too wide in
scope. We urge that the Committee consider further the recommendations
set forth in our letter of December 10, 1973, on H.R. 11320.
Section 4 of H.R. 11320 provides for preparation and transmittal to
Congress of a long range Renewable Resource Program. The Program would
include an inventory of a full range of specific needs and opportunities
for forestry investments, indentification of program outputs, results,
benefits and costs, and a discussion of priorities for accomplishing the
Program goals. As amended by the Subcommittee on Forests, section 4
would require the Secretary of Agriculture to utilize other federal
agencies and soil and water conservation districts in preparing the
Program. We believe the intent of the Subcommittee on Forests in so
amending section of the bill was prevent the duplication of Federal
efforts and to promote cooperation among Federal agencies and other
organizations. We addressed this point in our December 10, 1973, report
to you on H.R. 11320, in which we urged that the scope of the Assessment
and Resource Program be limited to include those matters currently
within the purview of the National Forest System, State and Private
Forestry, and Forestry Research responsibilities and authorities of the
Forest Service. In our testimony before the Subcommittee on Forests on
December 11, we stressed that where other agencies of Government conduct
comprehensive surveys of renewable resources, we would use their data
and analysis to the extent possible. We would not duplicate their
efforts. For example, within this Department we can make use of the
soil, water, and related resource data gathered by the Soil Conservation
Service pursuant to section 302 of the Rural Development Act of 1972.
Soil and water conservation districts are only one of many
organizations which might have a role in preparation of the Assessment
and the long range program. We therefore urge that this amendment be
deleted and that instead, language be included in the Committee
ILLEGIBLE LINE the Assessment and Program and the scope of
cooperative efforts by the Secretary of Agrculture in preparing these
documents.
In the bill now before the full Committee, section 9(b) relating to
construcion of forest roads and trails has been amended to provide that
when less than the full amounts authorized for forest roads and trails
are requested on where a portion of road funds are impounded, the States
and counties shall receive "25 per centum of timber sale receipts, plus
the value of purchaser road construction and other required deposits.
We strongly oppose this amendment. ++EP++ % %
% %
First, this provision would serve to restrict Presidential
flexibility and discretion in preparing annual operating plans and
attendant budget requests in the same manner as the original provision
of section 9. We continue to believe it essential that the President
retain the flexibility to accommodate changing economic and social
conditions and to exercise his judgment in the budgetary process on the
appropriate balance among all worthy public programs.
Secondly, the question of payments to States and counties from
National Forest receipts is a complex matter. While we believe the
current method of sharing National Forest receipts with local
governments has worked reasonably well, we acknowledge that there are
some shortcomings under the present system. Many counties receive more
revenues from National Forest lands than they would receive if these
lands were in private ownership. On the other hand, many counties
receive less revenues per acre of National Forest lands than they would
receive if the lands were taxed for private use. The amendment of the
25 percent fund payments proposed in section 9(b) of H.R. 11320 would
not address this fundamental situation, and in our view would further
complicate efforts to reduce the differences in payments between various
States.
The impact of construction of forest development roads by timber
purchasers upon National Forest receipts is but one facet of the total
National Forest receipts question. We believe that any effort to change
the present system of distributing National Forest receipts to States
and countries should take a broader view than that proposed in H.R.
11320
Section 9(b) as amended would change the source of payments to the
States from 25 percent of all monies received, as provided in 16
U.S.C.500, to 25 percent of "timber sale receipts, plus the value of
timber purchaser constructed roads and other required deposits." With
this change, many counties could experience a significant decrease in
revenue. For example, in our Eastern Region, 47 percent of National
Forest receipts in fiscal year 1973 came from sources other than timber
such as recreation, grazing, mineral leases, and special uses. In our
Rocky Mountain Region, 44 percent of National Forest receipts for fiscal
year 1973 were derived from sources other than timber sales.
We are also particularly concerned with the inclusion of "other
required deposits" in the base receipts from which revenues to States
would be calculated. For example, deposits made for the reforestation
or improvement of cut-over areas are expenses associated with harvesting
timber that are borne by the timber sale purchaser as part of the cost
of doing business. These costs do not represent potential receipts to
the Treasury and therefore should not be considered as such for the
purposes of determining revenues due the States.
We strongly recommend that the language of section 9(b) relating to
the 25 percent fund payments de deleted. However, if the Committee
feels this question must be addressed, we recommend that in lieu of
section 9(b), the following be substituted,
"The Congress declares that the installation of a proper system of
transportation to service the National forest System, as is provided in
Public Law 86-657, the Act of October 13, 1964 (16 U.S.C.532-538),
++EP++ shall be carried forward in time to meet anticipated needs on an
economical and environmentally sound basis, and the method chosen for
financing the construction and maintenance of the transportation system
should be such as to enhance local, regional, and national benefits. %
%
% %
Within one year following enactment of this Act, the Secretary of
Agriculture shall prepare and transmit to the Congress an indepth
analysis of the various methods of financing the construction of forest
development roads together with his recommendations for financing such
roads in the future. The analysis shall display the specified costs,
results, and benefits of each method of financing forest development
roads including the impact of each financing method upon (a) revenue
paid the States and countries from national forest receipts and (b) the
forest development road and trail funds as provided in the Act of March
14, 1913 (16 U.S.C.501)."
Such a study of the methods of financing forest road construction is
consistent with the basic thrust of H.R. 11320 to gather and present
forestry resource data essential to making appropriate, long-term
decisions for forestry and related resource programs. In determining
whether or not the 25 percent fund payment procedure should be amended,
we believe it is essential that the Congress and the Administration have
the benefit of the detailed information and facts that such a study
would provide.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
President's program.
Sincerely,
/s/J. PHIL CAMPBELL,
Under Secretary.
PURSUANT to clause 7 of rule XIII of the Rules of the House of
Representatives, the Committee estimates the cost to be incurred by the
Federal Government during the current and the five subsequent fiscal
years as a result of the enactment of this legislation would not exceed
$2.9 million per year, in accordance with the following estimate.
Hon. W.R. POAGE,
Chairman Committee on Agriculture,
House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: As requested by Committee Counsel, here are the
cost and manpower estimates which we anticipate would be required to
implement H.R. 15283, the Forest and Related Resources Planning Act of
1971.
% %
% %
These figures reflect the additional costs needed to expand the
Forest survey as provided in section 2(b) of H.R. 15283. No new
programs would be authorized by the legislation.
Sincerely,
/s/GENE S. BERGOFFEN,
(for R. Max Peterson, Deputy
Chief).
The same cost estimate was submitted to the Committee by the
Department of Agriculture. ++EP++
HRP
740627 (PART 4 OF 4)
COMMITTEE ON AGRICULTURE
HR 15283
HR REP 93-1163
93RD CONG, 2ND SESS
74-H163-12
FOREST AND RELATED RESOURCES PLANNING ACT OF 1974 (PAGES 1 TO 12)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 165 TO 176)
CHANGES IN EXISTING LAW, MCSWEENEY-MCNARY ACT OF 1928, AS AMENDED
(PAGE 12)
% %
% %
In compliance with clause 3 or rule XIII of the Rules of the House of
Representatives, changes in existing law made by the bill are shown as
follows (existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, and existing law in which no
change is proposed is shown in roman),
SEC. 9. The Secretary of Agriculture is authorized and directed,
under such plans as he may determine to be fair and equitable, to
cooperate with appropriate officials of each State, Territory or
possession of the United States, and either through them or directly
with private and other agencies, in making and keeping current a
comprehensive survey of the present and prospective requirements for
timber and other forest products in the United States and its
Territories and possessions, and of timber supplies, including a
determination of the present and potential productivity of forest land
therein, and of such other facts as may be necessary in the
determination of ways and means to balance the timber budget of the
United States. There is authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, not to exceed $1,000,000
annually to complete the initial survey authorized by this section:
Provided, That the total appropriation of Federal funds under this
section to complete the initial survey shall not exceed $11,000,000.
There is additionally authorized to be appropriated not to exceed
$5,000,000 annually to keep the survey current.)
Sec. 9. "The Secretary of Agriculture is hereby authorized and
directed to make and keep current a comprehensive survey and analysis of
the present and prospective conditions of and requirements for the
forest and related resources of the United States, its territories and
possessions, and of the supplies of such renewable resources, including
a determination of the present and potential productivity of the land,
and of such other facts as may be necessary and useful in the
determination of ways and means needed to balance the demand for and
supply of these renewable resources, benefits and uses in meeting the
needs of the people of the United States. The Secretary shall carry out
the survey and analysis under such plans as he may determine to be fair
and equitable, and cooperate with appropriate officials of each State,
territory or possession of the United States, and either through them or
directly with private or other agencies. There is authorized to be
appropriated not to exceed $20,000,000 in any fiscal year to carry out
the purposes of this section."
SRP SENATE REPORT
740218 (PART 1 OF 5)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 2296, S RES 289, S 1775, S 1033, S RES 134
S REP 93-686
93RD CONG, 2ND SESS
74-S163-1
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
30)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 57 TO 87)
MAJOR PROOISIONS OF THE BILL, BACK GROUND, COMMITTEE CONSIDERATION
(PAGES 1 TO 5)
% %
% %
The Committee on Agriculture and Forestry, to which was referred the
bill (S. 2296) to provide for the Forest Service, Department of
Agriculture, to protect, develop, and enhance the environment of certain
of the Nation's lands and resources, and for other purposes, having
considered the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
The bill would encourage wise and orderly development of the
renewable resources of our forest, range, and associated lands. It
would
(1) require the Secretary of Agriculture to prepare a National
Renewable Resource Assessment not later than December 31, 1974, and to
update it during 1979 and each tenth year thereafter,
(2) expand the resource surveys under 16 U.S.C. 58th to include all
renewable resources, and change the appropriation authorization therefor
from $5 million annually to the amount needed,
(3) require the Secretary to prepare a Forest Service Renewable
Resource Program not later than December 31, 1974, to cover the five
fiscal years beginning July 1, 1975, and at least each of the next four
fiscal decades, and to update such Program each five years thereafter to
cover at least each of the four fiscal decades beginning after such
updating,
(4) require transmission of the Assessment and Program to Congress in
1975 and after each updating, and adoption of policy resolutions by
Congress within one year after such transmission (to be modified as
necessary at the beginning of each new Congress), ++EP++ % %
% %
(5) require expenditure of funds appropriated to carry out such
policy, except to the extent the Appropriation Act provides for
discretion, or events occurring after enactment of the appropriation
prevent the accomplishment of its purpose,
(6) require an annuual progress report by the Secretary,
(7) require national forest system management to be on a current
basis by the year 2000,
(8) encourage the use of appropriated funds for forest road and trail
construction by requiring a reduction in construction financed by
purchasers of forest products whenever appropriation requests or
expenditures are reduced below the amount authorized or provided,
(9) direct the Secretary to consider avoiding use of purchaser road
construction authority in a manner that would unduly affect forest
revenues and payments to a particular county; and
(10) require Forest Service offices to be located near Forest Service
operations.
In 1876, the Congress created the Bureau of Forestry, in the
Department of Agriculture. This began the era of concern for forests
and rangelands and resources. In a period that culminated in 1911, when
the Committee reported and the Congress enacted the Weeks Law, the
Forest Service was fashioned as the core of Federal multipleuse
sustained renewable resource management, research and assistance to
private landowners.
On January 10, 1924 in the 68th Congress, Senator Charles McNary of
Oregon issued a report on reforestation of public and private lands.
The conclusion of that report was that the United States was not
practicing the kind of husbandry that would insure an adequate supply of
timber for the Nation's growing uses in the years to come
The Clarke-McNary Act enacted June 7, 1924 (43 Stat. 653) broadened
the cooperation in fire control, assistance to landowners and other
cooperative ventures. In 1928 the McSweeney-McNary Act (15 Stat. 699)
authorized a broad program of investigations, experiments and research
in growing, managing and utilizing trees, forest products, forage,
wildlife, weather, and water.
In 1933 Senator Royal S. Copeland chaired a comprehensive effort
which produced Senate Document 12. This "National Plan for American
Forestry" (73d Congress, 1st Session) was presented by the Secretary of
Agriculture in response to the leadership of Senator Copeland. In the
74th Congress in response to S. Res. 289, a document called, "The
Western Range" (Senate Document 199) was also presented to the Congress.
On March 21, 1944, during the 75th Congress, Senator John Bankhead of
Alabama issued another report which called for better management of
public and private lands to insure that our woodlands would be a
national asset rather than a liability. Significantly, the report
indicated Congress had a full appreciation that the several and varied
multiple uses of the forests were important to the American people.
The report talked of sustained yield, which Congress dealt with in
the Multiple-Use Sustained-Yield Act of 1960. It recommended ++EP++
incentives for commercial forest production on small private land
holdings which the Committee on Agriculture and Forestry dealt with as
part of the Agriculture and Consumer Protection Action of 1973. % %
% % The report also called for better management of the National Forest
System, pointing out the compelling needs for reforestation and the
protection of the forest values which the public finds essential.
The debate over conservation goals and the ways to attain them has
continued for years. It is not likely to diminish soon. Over the past
two decades there have been several efforts to develop a National
Conservation Policy. Temporary committees were proposed. The Executive
has been active in this regard.
In the 1950's there was Mission 66 for the National Parks, a program
for the National Forests, and a public land management plan. All of
these were directed toward Federal lands. All of them were followed
through with varying levels of action.
It is against this background that the need for this legislation
emerges. One of the areas of repeated concern in recent years has
revolved around our forests and rangelands. The debate has encompassed
both policy units broadest terms of national direction and goals, and
operating procedures and silvicultural practices.
The Committee on Agriculture and Forestry surveyed the general
situation in cooperation with many of the concerned public and private
groups. The Committee concluded that in terms of the Congressional
function to make policy, and for the purpose of improving Executive
Congressional relations, the primary need was to improve the methods by
which the Nation secures information on long-range goals and then sets
into nation policies and programs which are both flexible and yet
sustained over a long period.
The wise and proper management of our Nation's forest and rangeland
is of paramount concern to the Committee.
While nearly all of our farm land is privately owned, a sizeable
portion of the Nation's forest and rangeland is held by the national
government. This places on the Federal establishment a substantial role
as a land manager, along with an important function as a catalyst to
provide for sensible husbandry of private lands, insofar as this meets
the national interest.
However, to reach conclusions about what ought to be done on the
Federal lands, we need knowledge about the current and likely private
actions. Reaching conclusions on how the public effort can help the
private effort requires a comprehensive understanding of the whole
picture.
In preparing this legislation, the Committee refrained from
attempting to determine in advance what National Policy ought to be.
That is not the goal of this legislation.
Instead a course was charted which is designed to product a National
Assessment of the total picture and of specific needs. When the facts
of the Assessment are in a Program will be developed with full public
participation, resulting in a common base for subsequent budget requests
and action.
The process of fact finding and goal setting is to be followed up by
a detailed process of program evaluation which will determine if the
effort being made is accomplishing the mission set forth. ++EP++ % %
% %
Questions relating to the condition and use of our renewable
resources have increased have increased in number and intensity over the
last decade. Each issue has been raised independently and has been put
forward with its own body of "facts". The result has been an extended
debate over what are the facts, a further extended debate over how one
issue relates to others as well as whether the issue raised is a symptom
rather than a cause. Time after time the quest has been for a quick and
simple solution to the issue in the form it seemed to surface.
One school of thought has been that many "issues" would resolve
themselves if only the Federal structure were reorganized. Combination
agencies, shifting duties, and moving offices have been recommended as
reforms under the theory that form and structure determine substance.
The Committee had before it a number of these "issues" ranging from
proposals to treat specific resource problems to broader concerns,
including organizational issues.
In June, 1973, the Subcommittee on Environment, Soil Conservation and
Forestry held public hearings on an Executive proposal to move certain
Forest Service offices and to abolish others as well as legislation
dealing with issues of National Forest management.
One bill was S. 1775, popularly known as the Timber Supply Act.
Because the version before this Congress also dealt with export issues
it was referred both to this Committee and to the Committee on Banking,
Housing and Urban Affairs. That Committee divided the bill into two
parts; one dealing with log exports, which went directly to the Senate
Calendar as S. 1033. The other dealt with timber resources and
supplies. It came to this Committee as S. 1775.
In additition, Committee had before it S. 1996, which dealt more
broadly with forest land and resources both -- public and private.
The immediate crisis provided by the proposed Executive Branch effort
to restructure the Forest Service caused not only an in-depth hearing,
but also a determination by the Committee that the time had arrived to
seek to treat basic causes rather than symptoms.
On July 19, 1973, S.J. Res. 134, which dealt with reorganization of
the Forest Service, was reported by the Committee. In addition, on July
11 the Subcommittee on Foreign Agricultural Policy held a hearing on
Export Control Policy and on July 30 it issued a report on the issues
presented, including log and forest products exports.
However, earlier in the spring, as the Agriculture and Consumer
Protection Act of 1973 was under consideration, questions of renewable
resource policies on forests and rangelands came up. The Committee
included in Title X of that Act the Rural Environmental Conservation
Program. It contained a forestry incentives program for small woodland
owners. This proposal had originally been introduced by Senator Stennis
and had received considerable study.
It was in this period that the Chairman, in consultation with other
Members of the Committee, directed that the staff begin to assemble
background information and analyze the various issues that had arisen
regarding forests and rangelands so that consideration so that
consideration could be given to an appropriate course of action that
would have longterm benefits.
Out of this grew the outline for the Forest and Rangeland
Environmental Management Act. ++EP++ % %
% %
A series of concepts were put into legislative draft form. Meetings
were held with interested groups which included conservation, industrial
and local governmental representatives. On July 31, 1973, S. 2296 was
introduced by Senator Humphrey and others. This bill received wide
distribution, comment, and reaction.
A further series of informal meetings were held by the Committee
staff at the direction of the Committee cosponsors. In the meantime,
the concepts in the bill were receiving generally favorable reaction
from other Members of the Senate and the number of co-sponsors was
growing.
The refinements that were developed showed that the central idea in
the bill had overwhelming support, to wit: The Federal role could be
met most effectively by having a comprehensive Assessment of the range
and forest land renewable resources which would be the basis for a
Program. This Program would be presented by the Executive, reviewed in
the Congress with public participation, and used as a guide to the
formulation of budgets for a reasonable period ahead.
On November 7, 1973, a further revision was introduced with 25
co-sponsors and the Subcommittee held a public hearing on the bill on
November 20, 1973. Following the hearing and further working sessions
with interested and concerned groups, the Subcommittee on Environment,
Soil Conservation and Forestry reported the bill with amendments to the
full Committee in Committee Print form on December 7, 1973.
Over the next two months the Committee had the bill under advisement.
On February 6, 1974, it was ordered reported by the full Committee.
During the Period, on all the issues, the Committee heard
approximately 100 witnesses. Far more statements were filed with it on
the various bills and on the issue of organization. The informal
working meetings, held by the staff, were composed of a cross-section of
groups that have diverse views.
The following list of organizations were represented: the Citizens
Committee on Natural Resources, the National Wildlife Federation, the
Wildlife Management Institute, the American Forestry Association, the
National Association of Counties, the National Parks and Conservation
Association. The Association of State Foresters, the Industrial
Forestry Association, the Northwest Timber Association, the National
Forest Product Association, the American Pulpwood Association, the
Western Timber Association, and the American Plywood Association.
The distinguished former Chief of the Forest Service, Dr. Richard E.
McArdle (1952-1961) participated as a private individual.
The staff also met at length, on a number of occasions, with
representatives of the Sierra Club, the Friends of the Earth, and the
Wilderness Society. In addition, an even larger number of interested
citizens appeared before the subcommittee and offered formal testimony.
SRP SENATE REPORT
740218 (PART 2 OF 5)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 2296
S REP 93-686
93RD CONG, 2ND SESS
74-5163-1
FOREST AND RANGELAND FINIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
30)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 57 TO 87)
SHORT SECTION-BY-SECTION ANALYSIS (PAGES 5 TO 7)
% %
% %
Section 1. Short Title. The short title is the "Forest and Rangeland
Environmental Management Act of 1974".
Section 2. Findings. In this section Congress makes a number of
findings concerning the Nation's natural resources and the need for
comprehensive inventories and planning forest Service programs. ++EP++ %
%
% %
Section 3. Renewable Resource Assessment. Subsection (a) requires
the Secretary of Agriculture "through the Forest Service" to prepare not
later than December 31, 1974, a National Resource Assessment dealing
with America's renewable resources of the forest, range and other
associated lands, and to update such assessment during 1979 and each
tenth year thereafter. The Assessment would cover uses, demands,
supplies, programs, and policy.
Subsection (b) amends section 9 of the McSweeney-McNary Act of May
22, 1928, to
(1) provide for making and keeping current a survey of needs
and supplies of renewable resources (rather than only) of timber
and forest products),
(2) authorize appropriation of such sums as may be necessary
for that purpose (rather than $5 million annually).
Section 4. Renewable Resource Program. This section requires the
Secretary of Agriculture to prepare a program for protection,
management, and development of the National Forest System. This Program
will also include cooperative programs on non-Federal lands and for
research. The program would initially be prepared by December 31, 1974,
and would cover the five fiscal year periods beginning July 1, 1975, and
at least each of the next four fiscal decades. It would be updated each
five years to cover at least each of the four fiscal decades following
the updating.
Section 5. National Forest System Resource Inventories. This section
requires the Secretary, as part of the Assessment, to maintain a
continuing inventory of national forest lands and renewable resources.
Section 6. National Forest System Resource Planning. This section
requires the Secretary as a part of the Program provided for by section
4 to develop and maintain land and resource use plans for National
Forest System units. Such plans are to be coordinated with the land use
planning processes of state and local governments and other Federal
agencies.
Section 7. Cooperation in Resource Planning. This section provides
for making the Assessment, resource surveys, and program prepared under
the Act available to states and other organizations in planning for
renewable resources on non-federal land.
Section 8. National Participation. Subsection (a) provides for the
use of hearings meetings advisory groups, and other participatory
mechanisms in developing the Assessment, Program, inventories, and
planning.
Subsection (b) provides for transmision of the Assessment and Program
on the first day of Congress in 1975 and following each updating
thereafter.
Subsection (e) provides for bearings and, within one year after
submission of Assessment and Program, the adoption of a resolution by
Congress setting poliy to guide the President in framing Forest Service
and related agencies' budgets for the five or ten year Program period
beginning in such Congress.
Subsection (d) provides for review of such congressional policy by
each new Congress within ninety days after convening for the purpose of
guiding the President with respect to budgets transmitted during the two
fiscal years beginning thereafter. ++EP++ % %
% %
SUbsection (e) provides that each budger, beginning with that for
fiscal 1976 shall state the extent to which it meets the Congressional
policy and the reasons for recommending any course which fails to meet
such policy any amount appropriated for purposes covered by the
Congressional policy resolution would be required to be expended and
could be impounded only if the Appropriation Act gives such discretion
or if the President finds that because of events occurring after
enactment of the appropriation Act such expediture would fail to
accomplish its purpose.
Subsection (f) and (g) require the Secretary to an annual report
evaluating progress in implementing the Program and measuring costs and
benefits.
Subsection (h) requires the reports to indicate plans for corrective
action and legislative recommendations.
Subsection (i) requires the reports to be in concise summary from
with detailed appendices.
Section 9. National Forest System Program. Subsection (a) requires
the Secretary to develop and administer the renewable resources of the
National Forest System in full accord with Multiple Use Sustained Yield
Act of 1960.
Subsection (a) further requires that by the year 2000 renewable
resource restoration and intensive management in the National Forest
System should be on a current basis, with backlogs eliminated.
Subsection (b) provides that if for any fiscal year the budget
request for forest development roads and trails (including the ten
percent of forest receipts available under 16 U.S.C. 501) is less than
the amount authorized therefor, or if any portion of the appropriation
for that purpose is impounded, the amount of construction financed by
forest product purchasers under 16 U.S.C535(2) would have to be reduced
below the preceding fiscal year by an equal amount. The purpose of this
provision is to encourage the use of appropriated funds for this work
and to discourage the practice of asking for inadequate appropriations
with the idea of relying on purchasers for road constinction. The term
"impounding" is defined.
This subsection further provides that in applying the authority for
purchaser road constrution, consideration is to given to avoiding an
undue effect on any particular county's share of forest receipts.
Purchaser road construction results in lowering the gross forest
receipts which are used in measuring payments to counties under 16
U.S.C. 500 and 501. Timber sales which include road construction via
revenue reduction can be made without limit unless proscribed by failure
to use appropriated funds. It is not the intent of the Committee to
limit the option to use timber purchaser construction when the required
level of appropriated funds has been allocated as provided above.
Section 10 National Forest System Defined. Organization. Subsection
(a) defines National Forest System to included all lands, waters, or
interests therein administered by the Forest Service.
Subsection (b) requires Forest Service field, field supervisory, and
national office to be so situated as nest to serve the public giving
priority to location in rural areas and towns near national forest and
Forest Service program locations in accordance with section 901 (b) of
the Agriculture Act of 1970. ++EP++
SRP SENATE REPORT
740218 (PART 3 OF 5)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 2296, S RES 134
S REP 93-686
93RD CONG, 2ND SESS
74-S163-1
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
30)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 57 TO 87)
SECTION-BY-SECTION EXPLANATION AND JUSTIFICATION (PAGES 8 TO 22)
% %
% %
Section 1. -- The title of the legislation is the "Forest and
Rangeland Environmental Management Act of 1974."
The United States consists of approximately 23 billion acres, of
which 14 billion acres is natural forest land or natural rangeland.
Another 120 million acres are in improved pasture or cropland and the
balance is in other types of land.
This legislation addresses the issues and opportunities on forest and
rangeland. It is designed to secure an assessment of the resources on
the ecosystems of these lands, but would exclude lands used for such
purposes as orchard, crop, improved pasture, agriculture generally and
industrial site, transportation, and urban use.
Section 2. -- Eleven findings are made which set forth the need for
this legislation:
The air, water, soil, plants and animals are cited as finite
and renewable resources.
The air is affected and renewed by the living processes of
plants and animals.
The soil is the thin mantle of modified organic and inorganic
material that covers the earth at a depth of from a few inches to
several feet. The interactions of plants and animals renew the
life giving organic components which make the soil a renewable
resource.
The water is cycled and recycled by atmospheric and
subterranean processes which determine its availability and
viability in the life giving processes.
These are the great inter-related processors of our environment which
combine and interact to maintain life by sustaining each other in a
total environment.
In contrast, the mineral resources and subsurface parent soil are not
considered to be renewable within the time frame which this legislation
contemplates, although there are certain major mineral deposits and
soils which are capable of renewal in the longer geological frame of
time.
The conservation of the environment is, therefore, declared to be
essential for the achievement of an ecologically healthy and
economically functioning resource base.
The fourth and fifth findings take note of the rich national
endowment of forests and rangelands which, by their very nature,
produce, or are capable of producing -- multiple renewable resources,
products and benefits.
Manmade decisions have a most significant impact on the nature of the
products and benefits that will be secured from forest and rangeland.
For example:
Decisions made by man determine whether forested lands will be
allocated to recreational parks, with roads and campgrounds, as
scenic backdrop for a mountain vista to be preserved; as
carefully guarded stands of trees protecting streams where water
temperature is the key to promotion of a fishery; or as forested
wilderness, which is a community of life untrammeled by man,
++EP++ where man may be a vistor who does not remain -- an area
that retains its primeval character and influence without
permanent improvements or human habitation.
% %
% %
On the other hand, there may be areas of a forest where there is
continual activity by man engaged in commercial ventures, where
roads are built for long term timber management; the trees are
cut for such products as lumber, pulp and plywood; new crops of
trees are encouraged by the silvicultural practices that are
followed; where the trees are planted as seed or seedlings; and
where the growing forest is thinned, pruned and protected from
damage caused by the activities of man and natural forces.
In the main, however, forest or range will not provide simply
one or two uses, but instead will be a multiple use resource, with
a continual flow of benefits as the result of careful planning.
The sixth through eleventh findings indicate the central and pivotal
national role of the Forest Service in the United States Department of
Agriculture in securing these benefits from forests and rangelands.
The Forest Service serves both the public and private sectors in a
wide variety of ways,
It develops facts on the condition and trends of the Nation's forests
and rangelands. It performs essential research, and disseminates the
knowledge produced. It conducts a wide range of cooperative programs
with the States and private landowners to promote the wisest protection
and management of resources. Finally it administers the National Forest
system, which is the only comprehensive national system of Federal
resource lands.
The Multiple Use Sustained Yield Act of 1960 gave the Forest Service
the widest and most comprehensive charter, for management of the
187,000,000 acres it administers, that any Federal agency possesses.
recreational opportunities of varying types greater than those
of the National Park System, comprehensive opportunities for fish
and wildlife activities which are broader than the Fish and
Wildlife Refuges,
lands which contain the backbone of the major mountain water
source systems. These water source protection lands range from
those which provide water to major metropolitan areas, such as Los
Angeles, to vital watersheds in the Southern Piedmont and
Appalachian Mountain chain,
lands which play a significant role in the economics of the
livestock and timber industries.
It is important to note, however, that in terms of inherent potential
productivity of forage and timber, the lands in the system rate only
average. But they are admirably situated, and, in general, they are in a
condition that enables them to demonstrate the several kinds of benefits
and uses that can be obtained from all range and forest lands under
prudent management.
The Assessment called for in this legislation is the essential fact
finding tool upon which future national policy will be built. It will
be made ordinarily at the end of each decade. However, the first
Assessment will be made in the middle of this decade. ++EP++ % %
% %
The Assessment will be comprehensive.
It will cover all of the renewable resources associated with the
forest and rangelands.
It is designed to give a long-term perspective for planning and for
programs, since it will cover all resources, in order to obtain a total
national focus.
It is not purpose of this legislation to lodge solely in the Forest
Service new authorities it does not now possess, and which are possessed
by other agencies. It is expected that the lead role for assuring that
the Assessment is properly and completely made in a timely fashion will
rest with the Secretary of Agriculture, acting through the Forest
Service, and that there will be good cooperation with other agencies --
both public and private -- to insure that the Assessment will be of
maximum usefulness to all who would be expected to use it.
The Assessment is not a commitment to do specific things. It is an
analysis of the present situation, of how things came to be as they are,
and what the outlook may be as to where the present course will take the
nation. Beyond that, it will display the opportunities for the future,
and what measures will be required to realize these opportunities.
The Senate Committee on Agriculture and Forestry does not expect the
first Assessment, due December 31, 1974, to be as fully complete and
comprehensive as subsequent Assessments will be. An early date for
submission for the first Assessment was established to draw attention to
the sense of urgency that the Committee attaches to a new and vigorous
approach to meeting challenges that have been avoided for too long.
However, the Committee fully expects that the Assessment for the 1980's
will benefit from the first effort so as to be more comprehensive and
complete.
One of the most important elements of the Assessment will be the
effectiveness with which it displays the totally of forest and
rangeland, and the dispersion of resources by public and private
ownerships and geographic regions. The full exposition of the
interrelationships between these resources will also be essential.
The amendment of the McSweeney-McNary Act makes it clear that the
authority exists for the Secretary to secure all of the renewable
resource information needed -- either directly or through cooperation
with others -- and to secure the funds needed to this end.
Again, it is not expected that the Secretary will take over existing
functions of other agencies, but that a high level of inter-agency
cooperation will exist in order to develop the pertinent data.
The directives in this legislation go to the Forest Service. The
lands managed by the States and local governments, as well as by private
individuals and other Federal agencies are governed by whatever
authorities currently exist for them.
The design of the Program will require that for the three elements of
Forest Service activity (National Forest System, Cooperative Programs
and Research) there will be a detailed Program year-by-year for the next
five-year period. There will be a more generalized Program ++EP++ for
the subsequent five years, and a much less detailed set of Programs for
each of the following four decades. % %
% %
Projections can be taken on into additional decades if this will help
to show why the planned level of activity must begin at a certain time
to realize a future goal.
For example, some forest ecosystems have a planning horizon of two or
three times longer than 50 years. Defining current objectives may
require displaying various situations for different frames.
The Renewable Resource Program directed under this section is to
consist of the Program recommended to the Congress, with the supporting
reasons. However, one or more alternatives also may be set forth
separately as an addendum to the recommended Program. These alternatives
may be for parts of a program or consist of an alternative Program. The
Act does not require submission of an alternative Program or parts
thereof, but does not foreclose this.
Forest Service programs cannot be constructed in a vacuum. The
Assessment will give a comprehensive picture of the sum of public and
private activities and expectations, thus encouraging a comprehensive
and integrated Federal approach at the very least. Programs of research
will meet gaps in theoretical and applied knowledge on a timely basis.
Cooperative programs will provide the type of timely assistance that
will assist voluntary efforts of others.
In all aspects, the Program will have to conform to requirements of
pertinent law. It is of national importance that the National Forest
System be operated in full accord with the concepts set forth in various
existing laws, such as the Multiple-Use Sustained-Yield Act of 1960 and
the National Environmental Policy Act of 1969.
This legislation does not intend to change these fundamental
propositions. It does not contain an authorization to accelerate or
reduce the cutting of timber. It does not place any one use over another
in terms of priorities. It fully continues the requirement that due
consideration shall be given to the relative values and the various
resources.
The Program is to cover both funding for current operations as well
as investments and the latter are expressed for good and obvious
reasons. The record has shown that this has been the greatest lag in
meeting investment opportunities and obligations. This has perhaps
occurred because the realization of these benefits will occur in the
future, and the avoidance of expenditure today always has considerable
appeal.
A key feature of this legislattion is that it attempts to prevent
shortsighted current actions which will short change future generations.
The use of the terms "total related benefits" and "direct and indirect
returns" signifies that the broadest set of standards will be applied to
Assessment and Program construction, rather than some sort of narrow
profit and loss statement.
The bill provides that the Program shall include, but not be limited
to "(1) An inventory of a full range of specific needs and opportunities
for both public and private program investments."
As to the 750 million acres of forest and 600 million acres of range
land, a total national program concept is to be recommended to Congress.
Obviously the Act does not provide that the submission of a Program
authorizes new public investments in private lands or private
investments in public lands. The Program can recommend what the private
sector ought to do in the areas under its direct management, ++EP++ what
the public sector ought to do to aid private efforts. % %
% %
The Program can display how the private sector may wish to suggest
investments it may propose in public lands and resources. The Committee
does not express a view on the desirability of such an approach. It
would keep an open mind in assessing any new concept that may be put
forward.
Also Section 4 (2) calls for "Specific identification of Program
outputs, results anticipated, and benefits associated with investments"
so that costs can be compared to related benefits and direct and
indirect returns to the Federal Government. This discussion will help
focus on what the Federal level of activity ought to be and the reasons
therefor."
Section 4 (3) provides for "a discussion of priorities for
accomplishment of inventoried program needs." In estimating the proposed
public effort it would be appropriate to signify the degree of certainty
that the private sector will proceed with its programs on private lands.
Section 5. -- National Forest Resource Inventories:
With new systems of information retrieval it is increasingly
possible, and necessary, to maintain on a continuing basis,
comprehensive and detailed inventories of all of the National Forest
System lands and renewable resources. This data must be kept current and
identify new and emerging resources and values. This section directs
that this be done. It will assist in making certain that the benefits
envisioned will be recognized and that oncoming problems will be quickly
sensed.
The display of inter-related data, rather than the present procedure
of treating each resource or use as somehow independent, will do much to
assure that professional and public understanding of goals can move the
total Federal effort ahead more harmoniously.
Section 6. -- National Forest System Resource Planning:
The plans referred to in this Section are the basis for the Program
called for in Section 4 as it relates to the National Forest System.
This section sets forth that planning to the National Forest System
lands will be developed and maintained and revised as appropriate. It
does not provide authority authority in the Forest Service to institute
planning on non Federal land.
However, National Forest System plans are to be coordinated with the
land use planning processes of state, local and other Federal agencies
to the extent that they have such plans. This will prevent overlap and
wasteful duplication. It will give the states a greater opportunity to
be aware of the land use planning process within the nal Forest System,
and it will insure more effective coordination with this planning. Land
use planning within the National Forest System is already authorized,
and is being carried out under the provisions of the Multiple Use
Sustained Yield Act of 1960. It is desirable that plans on the lands
within the System give major consideration to their impact on plans
developed by state or local governments. For example: the Forest
Service road network has impacts on the State and local roads systems.
The further requirement that such plans shall use a systematic
interdisciplinary approach to achieve integrated consideration of
physical, biological, economic and other sciences, is designed to assure
that a balanced, comprehensive methodology will be employed. ++EP++ % %
% %
Section 7. Cooperation in Resource Planning:
This section requires that the Assessments, resource surveys and
Programs prepared under this legislation will be made available to
States and other organizations for their planning on the protection, use
and management of renewable resources on the non-Federal lands they have
as their responsibility. It does not authorize Federal planning on non
Federal lands.
The Committee expects that there will be a high order of Federal
inter-agency cooperation and information sharing.
This section is designed to foster a spirit of full participation and
mutual leadership on the part of the much larger, and often more
significant, non-Federal landowner group in the process of planning the
protection, and management of the renewable resources under their
charge.
The Committee takes note that 69 percent of the 1.2 billion acres of
forest-range ecosystems in the contiguous 18 states are in the hands of
non-Federal owners. Federal lands, including the National Forest System
lands do not possess unusual qualities of productivity which suggest
that they can be relied on to provide a share of the output of any
economic resource that is disproportionate to their share of the total
ecosystem. Nevertheless, more intensive multiple use management is
clearly necessary on the major portion of the System lands not legally
placed in the Wilderness System or where other factors mitigate against
intensive management. Thus the actual productivity may be brought up to
the System's proportionate productivity potential as designated in the
Program with full consideration of proper constraints.
Further, it is recognized that the American people look to the
National Forest System to provide major opportunities for outdoor
recreation and Wilderness, as well as wildlife and watershed protection.
In line with this the Congress has already directed that these
expectations be considered in planning programs on Federal lands.
Section 8. National Participation:
Subsection (a) of Section 8 provides that the Secretary is to provide
through regulation for the use of hearings, meetings, advisory groups
and other participatory mechanism, for the development of the
Assessment, Program, resource inventories and planning provided for in
the legislation.
The public is rightly seeking a greater voice and participation in
the decisions which go into government policy making. Therefore, the
Committee has provided that the regulation process will be used to
inform the public of the systems of pulic participation.
However, other appropriate system of communication may also be used
for the public to express itself in a comprehensive way. The Committee
desires that the public know that it is truly being consulted on policy
issues, and that the public input is making a difference in the Program
put forth. This process should help to limit procedural controversies
and improve subsequent discussions of substantive issues.
Subsection (b) of Section 8 provides for the transmission of the
Assessment and Program on the first day of Congress in 1975 and,
following each updating as set forth in Section 3 and 4 of the
legislation. ++EP++ % %
% %
Subsection (c) provides for Congressional hearings and, within one
year after submission of the Assessment and the Program, the adoption of
a resolution by Congress which sets policy to guide the President in
framing budgets of the Forest Service and related agencies for the five
or ten year Program period beginning in each Congress.
The intention is that the Assessment will look far enough into the
future to give a responsible presentation of the long and short term
outlook.
The Congress and the Executive will use the Assessment for a 10 year
period, subject to possible modification, as is provided for in
Subsection (d), based on new facts or significant changes.
The Program is to be set forth in detail for a five year period, year
by year. For the second period and ensuing periods, it will not be in
such annual detail, but it will show the overall effort planned for
these periods. For each of the succeeding four decades, it will be in
broad, yet reasonably measurable terms, so as to set goals and
directions.
The Department of Agriculture recmmended a change in language so that
the President would only have to "consider" the Program in framing
bugets, rather than using it as a "guide." The argument is made that the
term "guide" restricts the flexibility of the President.
This it certainly does not do.
What the legislation does is make it clear that this Program is a
"guide"; thus it is one of several possibilities. The President takes
into account fiscal issues, the national defense and general welfare as
other "guides" in formulating overall budget policy. He is required
under this language simply to consider the Program as the guide in
setting resource conservation criteria.
Subsection (e) of Section 8 requires that in the event that the
President does not submit to Congress a budget that accomplishes the
policy, he is to set forth the reason or reasons he has not done so.
This is a clear recognition of the flexibility provided to the
President, and it insures that the President's position on the
environmental resource budgets involved are clearly stated.
This will require that the "trade-ffs" be clearly outlined and thus
it is fully consistent with the other language included in the bill
inserted at the request of the Department that requires the Program in
Section 4 to show "program outputs, results anticipated, and benefits
associated with investments in such a manner that the anticipated costs
can be directly compared with the total related benefits and direct and
indirect returns to the Federal Government." Since the Department was
anxious to have these detailed requirements in the formulation of the
Program that the Congress will have before it to set policy, it is the
view of the Committee that this same concept should follow through in
the presentation of the budget. The budget like the Program therefore
will require that the Executive "show and tell", in order that in each
step of the process the best and most enlightened decisions can be made
with all the facts before the Congress that were used by the Executive.
The result will promote sound budgeting from start to finish.
Subsections (f) through (1) tie the package together, providing the
Congress with information which evaluates in a detailed manner the
++EP++ stewardship of the Forest Service over the Program, given current
budget and manpower levels. % %
% %
In other words, the legislation provides for an Assessment of the
situation and needs, followed by goal setting, through the Program which
is then all tied together by detailed evaluation of how the Program is
being carried out.
The language of these subsections was prepared with the cooperation
of the System Analysis Division of the General Accounting Office. It is
expected that at appropriate times the General Accounting Office will
assist the Committee in the evaluation process as a means of providing
time oversight.
The evaluation principle is essential. Currently the Annual Report of
the Chief of the Forest Service reveals very little on performance
(however, this is often true of similar reports from other agencies).
Further, these reports are usually issued at a time so far after the
close of the fiscal year that they are of little value for budget
planning purposes.
For example, the last such report was issued on April 3, 1972, and it
covered two preceding fiscal years (1970 and 1971). Therefore when the
budgets for fiscal years 1973, 1971, and 1975 were presented to the
congress, the public and the Congress were without a report from the
Chief of the Forest Service for even the most recent year. Also the
reports are not analytical and do not indicate program effectiveness
except in general terms.
Subsection (g) details types of things that shall be set forth but
does not act to limit the scope of useful evaluations.
Subsection (h) requires that the report set forth plans for
corrective action where there are shortcomings and where recommendations
for new legislation where warranted.
Subsection (i) deals with the structuring of material in the body of
the report and its appendices. The Annual Report now consists of a
limited writeup and tables. These are of low utility and interest
because, among other things, (1) they fail to reveal facts essential to
meeting management objectives: (2) they do not focus on issues and;
(3) they are late in being issed.
Examples of shortcomings in the last Forest Service Report are,
1. Lands Administered. These data do not reveal private inholdings
and whether they impede or aid management; they do not reveal
acquisition or disposal goals in terms of adjusting the pattern of land
ownership via exchange or purchase; and they do not readily show the
net change in ownership and the reasons therefore despite the
substantial programs and authority that exists in land management.
2. Receipts and expenditures. These data are most abbreviated and do
not meet any standard of fiscal explanation.
3. Recreation. There are 3 tables displayed here which give only
minimal facts on which to guage the effectiveness of recreation
programs. The Use figure lists everything from camping, and gathering
forest products to travel and winter sports. However, none of these is
presented in a way that gives a measure of the strain on or the need for
certain types of facilities and activities.
4. Big game harvest. This table lists the legal harvest of selected
big game species. It gives no clue on the condition of the game habitat
and totally ignores the fish bird, and small game harvest. Even more
significant there is an absolute void of analysis and data on wildlife
population trends. % %
% %
The table on wildlife habitat improvement is so abbreviated as to
give no idea of improvements in relation to need and their geographical
pattern.
5. Grazing. The Chief's report gives one column to this vital area
and no discussion of national forest and grassland grazing issues. The
one abbreviated table shows a few national statistics on numbers of
livestock grazed, numbers of permits and an unsubstantiated figure on
livestock losses.
6. Timber is treated with a very limited discussion followed by
tables on number, volume and value of timber sold, volume and value cut
acres guven stand improvement and planting. Considering the substantial
significance of both forest resource management and timber harvesting on
the national forests, the treatment is totally deficient.
7. Roads and trials. This major investment program is given only the
most cursory highlight and tabular treatment.
8. State and private forestry. This topic is treated more
substantially than are key elements of the management of the National
Forest System. However, the text and tables are not readily relatable
and do not give a perspective to this important function.
9. Research. A topical approach is used without an effective overview
and there is no tabular material on either funding or programs to
provide a basis for judgments.
It is expected that under this legislation the Annual Report would
not only be issued on a more timely basis but also would be a more
useful document.
Section 9. -- National Forest System Program Elements,
The 187,000,000 acres of forest and rangeland embraced in this
National estate is a vital national asset. There has been a wide ranging
debate over how these lands should be managed, whether management
systems and practices are properly and effectively applied, and whether
necessary priorities are being observed.
In this legislation, the Committee has made every effort to include
concepts that are broad in character and which are designed to bring
before the public and the Congress factual data on which to base future
decisions.
The reforms are in method and procedure, preserving professional
management flexibility to promote proper action by those charged with
carrying out programs. This section sets forth broad guides in two
areas.
Subsection (a) states that in full accord with the concepts for
multiple use and sustained yield of products and services as set forth
in the Multiple Use Sustained Yield Act of 1960, the Secretary shall
take such action as will assure the development and administration of
the renewable resources of the National Forest System. The term
"development" is used in its broadest context. In cases where no
activity achieves an authorized use, the proper level of "development"
would be attained. At the same time, where intensive interrelated
activities are required on a regular and comprehensive basis such a
course would be charted.
Wise management is based upon facts and takes into account emerging,
tested knowledge. Since we are constantly learning it would hardly be
productive to try to cast into legislative fiat prescriptions for
management. ++EP++ % %
% %
Subsection (a) enunciates as policy the goal that by the year 2000
the renewable resources of the National Forest System will be in an
operating posture whereby all backlogs of needed treatment for their
restoration shall be reduced to a current basis. The purpose of this
general instruction is to provide a target for planning that will assure
scheduled attention for the millions of acres in the National Forest
System that will benefit from such things as forest stand improvement,
reforestation, recreational facility modernization and improvement. The
second requirement is that by the year 2000 the major portion of planned
intensive management procedure shall be installed and operating on an
environmentally sound basis.
The intensive management procedures contemplated are actions that
stimulate a high yield of the various resources on a balanced basis.
Examples are: forest growth stimulating techniques; range management
systems that encourage the timely growth of browse species; fish and
wildlife habitat conditions that promote a healthy population of various
species; and recreational provisions that assure constructive public
use. These are the concepts well established by the Multiple-Use
Sustained Yield Act of 1960.
This two part instruction aims to: (1) wipe out the backlog of now
lagging work so that the entire National Forest System will have the
plant, animal, soil, water and air output that is ecologically sound;
and (2) assure that at least half of the recognized intensive management
procedures for optimum realization of future outputs will be installed
and operating.
While the target year has been set, the Act does not set precise
goals -- quantitative and qualitative. These would be recommended in the
sections of the Act which provide for the Assessment and the Program. As
to action to eliminate backlogs, the Act will set three bases for
reduction or termination of effort: (1) elimination of the backlog;
(2) a showing that the cost to treat the balance exceeds the economic
and environmental benefits; or (3) total supplies of the renewable
resource of the United States are projected as adequate to meet the
future needs of the American people.
These tests will act both as a spur to proper action on a timely
basis and as a brake against needless actions which possess insufficient
economic and environmental benefits to justify the expenditure of funds.
It is intended that the total national situation will be used in
testing and suggesting the required effort in the National Forest. It is
proper, if, for example, private efforts will not raise forest
restoration effort to needed levels, for the Forest Service to seek to
close the gap by growing as much timber as can be properly grown.
However, it is not the intent of this Act to propose that harvest levels
on the National Forest System should exceed the ability of the National
Forest lands to grow timber, backed up by the action needed to grow it.
Rather, the National Forest System is viewed as an entity which will
make its proper national contribution if managed as an entity. Its
reserves of standing timber are not a pool to be tapped because timber
in other ownerships has been liquidated without regard to the sustained
yield capacities of that land, or to satisfy domestic and export demands
that, it met now, will exacerbate future supply problems. These are not
actions consistent with the 1960 Multiple-Use Sustained Yield Act.
++EP++ % %
% %
Subsection (b) Forest Roads and Trails, deals with the transportation
system to service the National Forest System. The Congress declares that
its installation shall be carried forward in time to meet anticipated
needs on an economically and environmentally sound basis and that the
choice of financing methods will enhance local, regional, and national
benefits.
There are two basic means for financing needed forest road
construction,
Under 16 U.S.C.501, 10 percent of Forest Service receipts is
allocated to road construction, currently about $10 million yearly. The
biennial Highway Act sets an authorization for Forest Development Roads
and Trails. In fiscal years 1972-74 it was $170 million a year. For
fiscal year 1975, and fiscal year 1976 it is $140 million a year.
The combined amounts would have permitted an appropriated fund
program of $193 million in fiscal year 1972, $203 million in fiscal year
1973, $211 million in fiscal year 1974 and $180 million in 1975.
In the period fiscal years 1973-75 the unfunded backlog of
authorizations has risen from $327 million to $503 million due to
failure to use authorizations.
Authority also exists in the Act of October 13, 1974, to reduce the
appraised price of timber by the "estimated" cost of the roads needed to
remove that timber. This is not subject to budgetary control. The level
of revenue reduction in fiscal year 1972 was $100 million, rose to $135
million in 1973, jumped to $173 million in fiscal year 1974 and is
proposed at $187 million in fiscal year 1975.
For the National Forest System roads are constructed by three
methods:
(1) a few roads are built by Forest Service employees using
appropriated funds,
(2) some are built under contracts let by competitive bid to private
road construction firms using appropriated funds; and
(3) many are built by timber purchasers (who may do it directly or
sub contract the job) being "reimbursed" by a reduction in the price
paid for timber in a sale by the "estimated" cost of the road (including
an allowance for profit and risk).
These three basic methods were provided for in the Act of October 13,
1964 (16 U.S.C.532-538).
Each method has its advantages and disadvantages. Each method has a
reasonable role. In each of the recent Congresses the report of the
biennial Highway Act has urged the Executive to make full use of the
authorization to build roads with appropriated funds and to de-emphasize
dependence of securing roads under timber contracts thus, among other
things, reducing timber sale revenues. The key reform in this section is
to provide that in the budgetary process the entire road program will be
considered as an entity.
There is no restriction in the bill on the flexibility, now in law,
on the use of the authorizations, either as to allocation to road and
trail construction, reconstruction, maintenance, engineering or
supplementing timber purchaser construction. ++EP++ % %
% %
However, should the Executive elect not to request the current
authorization, or should it impound the amount thereof appropriated, the
same reduction shall apply to the back door spending authority, which
has adverse effects on national forest revenues, payments to countries
from revenues and other elements of the road program.
The back-door spending authority is unique. It permits the Forest
Service to reduce the appraised asking price for timber by the estimated
cost of securing the permanent road needed to harvest the timber on that
sale in order that the timber purchaser perform that task.
In fiscal year 1972 the Forest Service had a total road and trail
program of $271 million of which $171 million was supported by
appropriations and $100 million was supported by revenue reduction. In
the process, $21 million of appropriated funds were allocated to support
the engineering and supplemental financing of the revenue reduction
system.
In fiscal year 1974 the Service has a $303 million total program of
which $130 million was supported by appropriated funds and $173 million
by revenue reduction. Further, the support cost for the revenue
reduction method for engineering and supplemental construction had risen
to $79 million. Even more significantly, in 1972, out of the $171
million in appropriated funds, $111 million was allocated for road and
trail construction and reconstruction.
In 1974 the lesser $130 million program had been so tilted that a
mere $8 million of the appropriated funds is allocated to road
construction; there is no trail construction or reconstruction and the
only road construction is associated with timber production.
The proposed 1975 budget further exacerbates the problem. Out of the
$146 million request for appropriate funds, only $8 million will be used
for construction, but $90 million will be used to supplement and
engineer timber purchaser roads. The revenue reduction backdoor spending
component, which is not visible in the budget, is projected for 1975 to
climb to a record $187 million. It will likely be even higher since the
1974 estimate of $142 million now is projected to be a $173 million
revenue loss.
One result is a "revenue taking" from counties. This taking, which
was $25 million in 1972, will reach possibly $50 million in 1975. In the
meantime over $30 million of current authorization will languish unused.
The total unfunded contract authority for roads and trails, which was
$327 million in 1973, will have risen to $503 million. Within three
years, program flexibility has been eliminated.
This is the only Forest Service program where the agency has the
authority to "appropriate" revenue without any Congressional control or
any standard spelled out in law as to when and how this may be done.
For example, under the Knutsen Vandenberg Act (16 U.S.C.576 (b),
reforestation and stand improvement work is authorized out of revenue on
lands cut over in a timber sale. There is a limitation that the fund
collected may not exceed costs for the contemplated work when compared
to costs on comparable national forest lands during the previous three
years.
The payments, which act to reduce revenues from the sale of timber,
must be deposited with the Forest Service, maintained in a special
++EP++ account, spent only on those lands. % %
% %
These payments are spent either directly by the Service or under
contract to firms who bid to do reforestation or stand improvement work.
However, when timber purchasers are granted a reduced price to
construct a road under a timber sale contract, the amount of reduction
is based on the "estimated cost" for a road that may not have yet been
designed (in fact the purchaser may subsequently design it under a
design allowance in the timber contract), there is no "special account"
created into which funds are placed, and thus no accountability on the
part of either the Forest Service or the timber purchaser.
Since the allowance may cover both temporary roads and permanient
roads, it is impossible to tell what was actually done under the
"allowance." In fact, since the whole procedure is based upon the use of
the "estimated cost", rather than a bid price to construct roads, the
timber purchaser may incur a loss if his actual cost exceeds the Forest
Service estimate or he may secure a windfall if his actual cost is less
than the "estimated cost."
The Secretary has adequate rulemaking authority already to revise
procedures. The reform that is proposed in this legislation goes to the
broader policy issue; the unwillingness of the Executive to voluntarily
follow the request by the Congress that greater use be made of
appropriated funds under the Highway Act and 16 U.S.C. 501
authorizations in secure roads that will become a part of the permanent
National Forest Transportation System.
There is another impact of the failure to use authorizations and
reliance on revenue reductions. The allocation of appropriated funds to
timber purchasers to supplement the cost of road construction and for
engineering, surveys, plans and supervision of timber purchaser work
jumped from $21 million in 1972 to $90 million in 1975 /1/. ((/1/ 1d U S
C 535 states:
"That where roads of a higher standard than that needed in the
harvesting and removal of the timber and other products covered by the
particular sale are to be constructed, the purchaser of the national
forest timber and other products shall not be required to bear that part
of the costs necessary to meet such higher standard, and the Secretary
is authorized to make such arrangements to this end as may be
appropriate." Pub L 88 -- 657, Sec. 4, Oct 13, 1964, 78 Stat 1089.
This language prevents the Forest Service from requiring that a
timber purchaser construct a road on timber sale at either the standard
needed to harvest timber in the entire drainage based upon its allowable
cut or to require a road at multiple use standards, even if the Service
reduces the price of the timber by an amount sufficient to cover the
"estimated" cost of the higher standard road. Thus, the only way the
Service can get a permanent road at the standard needed for permanent
management to meet future needs when a timber purchaser is constructing
the road is to supplement his allowance for the timber sale road with
appropriated funds if he is willing to so cooperate)).
In the past three years, there have been growing demands upon the
National Forests to provide more of every one of the multiple uses and
resources and insistent demands that there be better forest management
and that timber be better offered for sale. Despite all of these facts,
the appropriated funds available to construct permanent roads has
declined from $100 million to virtually nothing; the dependence on
timber purchaser construction has almost doubled and constitutes the
entire road program. In addition, the resultant revenue reductions,
which in 1972 had an adverse impact on the counties of $25 million, will
pump to about $50 million in 1975.
The Committee recognizes that where roads are intended only for that
timber sale and are not to become a part of the permanent road network
that timber purchaser construction may be a mutually beneficial way to
proceed. ++EP++ % %
% %
There are also instances where a permanent road can be constructed by
the purchaser under a timber sale contract, especially where the road
needed would be at the standard that a prudent businessman could use in
that instance. The timber purchaser should neither be expected nor
forced to be a major road contractor, but rather the terms and
conditions of the sale should be those which enable him to promptly cut
and remove the timber thereon.
The record shows that the Executive has often failed to use the
authorized levels of road funds and has substituted heavy reliance on a
method that has several inherent shortcommings.
Rather than incorporate an outright curb on the use of timber
purchaser construction and revenue reduction, the Committee has selected
a middle course which imposes no limit on revenue reduction method of
securring road construction if the budget request is for the amounts
authorized as described in this subsection and whatever amount is
appropriated is not subsequently unpounded.
Therefore, had this subsection been in effect during this period, the
Service would have been able to carry out about the same total
construction program at no greater cost.
The language of the Act will maintain the essential need for
flexibility but changes the order regular authorized funding will become
the first priority, and revenue reduction and back-door uncontrolled
spending will become the second priority but need not be diminished.
The Forest Service estimates that it needs a total transportation
network of 338,000 miles to carry out effectively multiple-use,
sustained-yield management. The present network is only 198,000 miles --
less than 60 percent of need. In addition, 114,000 miles or over 70
percent of the existing network is in need of reconstruction.
Even if the Assessement shows that there is a substantial error in
the current estimate, it can be seen that a very substantial backlog
exists, and the currently misalignated priorities in funding are
counter-productive.
The Committee has also included language at the end of this
subsection which is designed to further assist the counties by requiring
the Secretary to give due consideration to actions which may unduly
impair the revenues that counties receive in determining where to use
which found source.
The purpose of this language is to promote a reasonable allocation of
methods of securring construction of roads so that a few counties do not
have their already low level of payments of revenues reduced or
diminished by undue reliance on timber purchaser construction contracts
in their local forest while another national forest, with more
substantial payments to its counties, receives substantial assistance in
road construction via appropriated funds. For example, the reliance on
timber purchaser, revenue reduction construction in a county that
receives a payment in lieu of taxes from the national forests of $9.00
per acre is far less than it is on one whose payments are 50 cents or
only 15 cents per acre.
Subsection (a) places in low the definition of the lands that are
considered to be a part of the system and incorporates the term ++EP++
"National Forest System" into law. % %
% %
The lands in the national forests are of diverse origins; some are
original public domain, others were purchased under laws, or securred by
donation or exchange or other means. It is the purpose of this
subsection to state that all lands administered by the Forest Service
are, in fact, part of a National Forest System.
Subsection (b) provides that field offices, such as District Rangers
and Forest Supervisors, and Regional offices shall be so situated as to
provide the optimum level of convenient, useful service to the public.
Priority shall be given to the maintenance and location of facilities in
rural areas and towns near the National Forest and Forest Service
locations. The standards of Section 901 (b) of the Act of November 30,
1970 (84 Stat. 1383), as amended, are established as the guide. This
will permit the Forest Service to make orderly adjustments in the
assignment of lands to a particular management unit such as a Ranger
District and to adjust local field offices when these improve the
Service. It also would set a standard that would have to be observed in
possible realignments of Regional Offices.
In its action on S.J. Res. 134 of this Congress (Report No.93-337)
this Committee expressed the need for maintaining the Forest Service's
excellent organizational structure and key office location. ++EP++
SRP SENATE REPORT
740218 (PART 4 OF 5)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 2296
S REP 93-686
93RD CONG, 2ND SESS
74-S163-1
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
30)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 57 TO 87)
DEPARTMENTAL VIEWS WITH 1 LETTER EMBEDDED, COST ESTIMATES (PAGES 22
TO 30)
% %
% %
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture and Forestry.
U.S. Senate.
DEAR MR. CHAIRMAN: As you requested, here is our report on Amendment
641 to S.2296, the "Forest and Rangeland Environmental Management Act of
1973."
The Department of Agriculture agrees with the general objectives of
the Amendment. Many of the activities addressed by this legislation are
presently being undertaken under existing authorities. While the
Amendment would broaden and strengthen existing statutory authorities,
it would also limit Presidential flexibility in a number of respects.
The Department of Agriculture therefore recommends enactment of the
Amendment only if modified along the lines suggested herein.
The Amendment to S. 2296 sets forth various findings relating to the
renewable nature of forest and rangeland resources, the role of the
Forest Service in administering these resources, the need for
comprehensive planning for the renewable resources of America's forests
and rangelands, and the need for proper levels of funding and
investments in forest and related resource management.
Section 3 of the Amendment would require the Secretary to prepare a
Renewable Resource Situation Assessment which would include a detailed
presentation and analysis of (1) current and anticipated use, (2) supply
of and demand for renewable resources, (3) an inventory of present and
potential renewable resource yields (4) opportunities ++EP++ for
increasing yields of goods and services, and (5) a description of Forest
Service programs and responsibilities, as well as a discussion of
important policy considerations expected to significantly influence the
use and management of the Nation's forests and rangelands. % %
% %
Section 4 would provide for the development of a long-term Renewable
Resource Program to be submitted by the President to the Congress for
each of the next five decades. Section 5 would direct the Secretary to
develop and maintain inventories of all National Forest Systems lands
and resources. The Amendment would also require land use and resource
planning for units of the National Forest System, cooperation with the
States in resource planning, and public participation in the development
of the Assessment and Program. In addition, the Amendment would require
the Secretary to determine optimum management levels for the renewable
resources and authorized uses of each National Forest management unit.
Section 9 would also set the year 2000 as the target year when all
backlogs of needed conservation treatment for the National Forest System
shall be completed. The Amendment would declare the importance of a
"proper system" of transportation in the National Forest System by
requiring that the full amounts appropriated for forest roads, trails,
and highways be requested and expended each year by the Forest Service.
Amendment 641 is an expression of concern over the demands and
conflicting pressures being placed on the Nation's forest resources.
The legislation is timely, as it follows closely upon the recent release
of the "Report of the President's Advisory Panel on Timber and the
Environment" and the "Outlook for Timber in the United States," which
was prepared by the Forest Service of this Department. Both of these
reports conclude that significant improvements in management of the
Nation's forest and related resources must occur if future demands for
these resources are to be met at reasonable prices.
A better-defined, long-range perspective on national forestry
programs is a prerequisite to meeting future demands for forests and
related resources. We believe that joint consideration by the Congress
and the Administration of the state of the Nation's forest resources,
the anticipated supply, demand, and pertinent price trends for these
resources, and costs of alternative approaches related to specified
program accomplishment will benefit formulation of sound national
forestry goals, assist in the establishment of meaningful investment
priorities, and help to assure program accomplishment.
We therefore support the basic requirements of Amendment 641 that the
Secretary of Agriculture periodically develop a National Assessment and
a long-range Renewable Resource Program to be transmitted to the
Congress by the President with his recommendations. The Amendment would
strengthen present Forest Service planning efforts by providing a
stronger statutory base for the development of a long-range forest
resource plan, supported by adequate analysis and resource inventories.
We have also enclosed a revision of the Amendment which incorporates
a number of proposed changes. Our revision reflects and remedies two
major concerns.
First, we are concerned with those aspects of the bill which would
restrict Presidential flexibility and discretion in preparing annual
++EP+ operating plans and attendant budget requests. % %
% %
It is essential that the President retain the flexibility to
accommodate changing economic and social conditions and to exercise his
judgment in the budgetary process on the appropriate balance among all
worthy public programs. The regular appropriations process allows ample
opportunities and an orderly process for questioning Presidential fiscal
priorities and should continue to be relied upon as the appropriate
forum for handling budget questions and issues.
Second, we urge that the scope of the Assessment and Resource Program
be limited to "forest and related renewable resources." As now phrased,
the Amendment would require the Secretary to assess and present programs
for all renewable resources. This broad terminology could lead to an
overlap and conflict with renewable resource assessment and program
planning efforts performed by other agencies of the Federal government.
We would prefer to define the scope of a "Forest and Related Renewable
Resources Assessment" as including those matters currently within the
purview of the National Forest System, State and Private Forestry, and
Forestry Research responsibilities and authorities of the Forest
Service.
Our detailed comments and suggestions for Amendments are included in
the enclosed Supplemental Statement.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely,
/s/J. PHIL CAMPBELL,
Under Secretary.
Note: The Supplemental Statement follows, and the proposed revised
language is on file with the Committee.
USDA SUPPLEMENTAL STATEMENT ON AMENDMENT 641 TO S.2296 "THE FOREST
AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT ON 1973"
The Amendment sets forth a number of findings which declare the
importance of renewable resources, their conservation, and their wise
management to the Nation's ecological and economic well-being. The
findings also recognize the total mission and role of the Forest Service
in managing and protecting renewable resources and specifically describe
the National Forest System and its mission. In addition, the findings
express the need for comprehensive inventories and planning to secure
the greatest net benefit from Forest Service programs and the need for
proper levels of funding and investment in the various activities and
programs of the agency to assure optimum benefits.
Subsections 2(a)-(c) relate directly to policy set forth in the
National Environmental Policy Act and are not unique to the purposes of
this legislation. We therefore suggest that these subsections be
deleted. ++EP++ % %
% %
To simplify subsection 2(d), we suggest that this subsection be
amended to read as follows,
( ) the United States is richly endowed with land bearing, or
capable of bearing, forest trees and associated forage as
principal vegetal cover, which lands by their very nature produce
or are capable of producing, multiple renewable resources,
products, and benefits.
Subsection 2(f) recognizes the total mission of the Forest Service
and defines the National Forest System. Statutory recognition of the
National Forests and related lands as an identifiable public lands
system would help the public understand the role of the National Forests
and the contribution they make collectively to the Nation's economic and
social well being identifying the National Forest System in this way
would parallel acts which have established and recognized the National
Park System and the National Wildlife Refuge System. We suggest that
this identification be accomplished through affirmative language rather
than as a "finding." Section 10 of our proposed revision contains such
specific language as a substitute to that found in the latter part of
subsection 2(f). We therefore suggest, subsection 2(f) end with the
phrase "and through the management of the National Forest System" and
that the remainder of the subsection be deleted.
Subsection 2(h) of the findings contains an apparent printing error
and is vague. To clarify the intent of this finding, we suggest that
the provision be reworded as follows,
( ) proper levels of funding for investment in the various
activities and programs of the Forest Service are essential to
achieving and sustaining an optimum flow of benefits from forest
and related resources
Subsections 2(f) and (m) essentially duplicate each other, as well as
subsection 2(f). The purpose of these subsections is to emphasize the
integral nature of the three basic program objectives of the Forest
Service Subsection (f) accomplishes this by describing the Forest
Service mission. We therefore suggest that subsections (i) and (m) be
deleted from the findings. Our suggested revision of subsection (k) of
the Amendment eliminates language which is redundant and does not
parallel basic provisions of the Multiple Use-Sustained Yield Act. Our
suggested revision of subsection 2(f) emphasizes the full range of
factors that bear on Forest Service organizational design.
As indicated in our cover letter we believe it is important to
clarify the scope of the Assessment and to restrict its content to be
consistent with present responsibilities of the Forest Service.
Accordingly we suggest that the title of the Assessment be changed to
"FOREST AND RELATED RENEWABLE RESOURCE ASSESSMENT." Our proposed
revision records each reference to "renewable resources" to reflect this
change.
Our ability to analyse trends and to formulate effective forestry
programs depends upon comprehensive data on forestry and related
resources. % %
% %
We therefore support subsection 3(b), which would strengthen the
Forest Survey authorized by the McSweeney-McNary Act of May 22, 1928 (45
Stat. 702, as amended, 16 U.S.C. 58th). Express broadening of the focus
of the current Forest Survey from surveys of timber to surveys of all
forest and related resources will assure the availability of data
necessary to prepare the Assessment, and will greatly assist the
formulation of long-range resource plans by the Forest Service, other
Federal agencies, States, conservation organizations, industry groups,
and others.
Our proposed revision would also require that cost, price, and other
economic factors be analyzed as a part of the Assessment. These factors
must bear on any comprehensive resource evaluation.
We support the concept of a long-range forestry and related resources
program which would present a range of alternative objectives and
associated programs, related costs, accomplishment targets, schedules,
and a discussion of priorities related to the various alternatives. We
believe such a program could provide the Administration and the Congress
with a reliable and useful perspective on national forestry needs,
issues, and opportunities, and would lead to improved agency decision
making and program formulation. We propose that the title of this
planning document be amended to read "FOREST AND RELATED RESOURCES
PROGRAM."
Section 4 would require development of a specific ten-year program,
for each of the next five decades. Under section 8 of the Amendment,
the program would be sent to Congress every ten years.
We believe it is unrealistic to seek to prepare detailed program
schedules and recommendations spanning a 50-year period. Economic and
other considerations fluctuate so often that projections and
recommendations beyond a five or ten-year period generally lose validity
and relevance.
We agree that a long-range Forest and Related Resources Program
should be submitted to Congress at intervals not to exceed ten years.
We contemplate that such a program would cover a ten-year projection and
program period, with greater detail for the first five years.
The Program should display alternative objectives and associated
programs, rather than only one program recommendation. It should
include specific identification of program outputs, results and benefits
as well as an inventory of program opportunities. Such a display will
aid both Congress and the Executive Branch in weighing the impacts of
short term decisions, not only on future yields of forests and related
resources, but on other national considerations, including fiscal and
economic policy.
Appropriate amendments to provide for our suggested approach are
included in sections 4 and 8 in our proposed revision of the Amendment.
For the framework for long-range planning, we would rely on the
Forest and Related Resources Assessment, which, as required by section
3(a) of the Amendment, would deal with trends in resource use and
demand. ++EP++ % %
% %
We recognize the need for assembling resource data on individual
units of the National Forest System. The effect of section 5 would be
to emphasize current on the ground inventory efforts under existing
authority and to provide an essential base of information for developing
the Assessment and Resource Program as set forth in sections 3 and 4.
With a technical amendment included in our proposed revision, we would
have no objection to this section.
This section would require the Secretary to develop, maintain, and
revise land and resource use plans for units of the National Forest
System and to use a systematic interdisciplinary approach in this
planning.
Land use and resource planning are, of course, integral to the
management of the National Forest System and have long been a routine
component of National Forest System administration. The Forest service
has adequate authority to engage in all such unit planning and has for
some time now utilized an interdisciplinary mix of skills and
professions in developing our land use plans. The effect of section 6,
therefore, would be to give emphasis to agency land use planning efforts
rather than to grant new or expanded authority.
In our proposed revision, we have added economic sciences to the
listing in subsection (b).
This section would assure that the data gathered and presented in the
Assessment and Resource Program are made available to the States for use
in their land use planning efforts. Our proposed revision includes this
section with some clarifying amendments.
This section provides for public participation in the preparation of
the Assessment and Resource Program and review by Congress. It would
also require the Secretary to promulgate regulations governing public
participation.
In our proposed revision, we have deleted the formal requirement for
regulations in subsection (a). Regulations could still be utilized, but
other means for outlining procedures for public participation may be
more appropriate.
Subsection (b) establishes the schedule by which the Secretary would
prepare the Assessment and Program. As covered in our discussion of
section 4, we suggest that the Assessment and Resource Program be
transmitted to the Congress at not less than ten year intervals.
Subsection (c) would provide that the statement of policy adopted by
the Congress would be a "guide" to the President in forming the fiscal
budgets. To assure Presidential flexibility our revision would provide
that the statement of policy would be "considered" by the President.
Subsection (e) would require the President to qualify and quantify
the degree to which each annual budget request meets the forestry policy
set by each Congress and to justify any request which would ++EP++ fail
to meet such forestry goals or policy set by the Congress. % %
% % Such requirements imply that the guidelines which Congress would
establish pursuant to subsection (c) would, in fact, be restraints upon
the President's ability to develop the annual budget in manner to
reflect his judgment of the appropriate balance among all worthy public
programs. These provisions would reduce Presidential flexibility to
accommodate ans reflect economic, social, and other trends and
fluctuations in the annual budget. We, therefore, recommend that
subsection (e) be deleted. The regular appropriations process allows
ample opportunity and an orderly process for questioning of Presidential
fiscal priorities. We believe the appropriations process should
continue to be relied upon as the appropriate forum for handling
budgetary questions and issues.
In our proposed revision we have included technical amendments to
subsection (f). As now phrased, this subsection would now call for
evaluation of programs authorized by the Act. Since no programs are
authorized by the Amendment, this subsection should be amended to
provide for evaluation of the component elements of the Resource
Program.
Subsection (a) would require the Secretary to determine optimum
management levels for renewable resources and authorized uses of the
National Forest System. We believe this provision is duplicative, and
unnecessary, since the Resource Program set forth in section 4 would be
an expression of various levels of management and would contain
projections and analyses of alternative levels of resource management.
Subsection (b) would set the year 2000 as the target year for
completing all backlogs of needed conservation measures on National
Forest lands. This target may not be realistic and could reduce
Presidential flexibility over a long period of time to frame annual
budgets as he judges appropriate. The goal of reducing backlogs is one
which we are striving to accomplish, but a range of circumstances
created by the economy and nature herself mitigate against fixed
targets. We, therefore, recommend that subsection (b) be deleted from
the Amendment or rephrased to give emphasis and direction without
specific target dates.
Subsection (c) would declare that a "proper system of transportation
to service the National Forest System" will aid "proper attainment of
goals ..." and that methods of financing forest roads and trails can
benefit local communities, regions, and the Nation. Under this
provision the Forest Service would be required to request each year the
full amounts available under 16 U.S.C. 501 and 23 U.S.C. 205. If the
Secretary were to request less than that amount, he would have to
reduce, by an equivalent sum, the value of roads constructed by timber
purchasers in return for reduction of the appraised price of timber.
Moreover, in using timber purchaser construction the Secretary would be
directed to consider avoiding actions which would unduly impair revenue
to counties within the National Forest System.
We recommend that subsection (c) be deleted. Its provisions would
further restrain Presidential flexibility in developing the annual
budget. The requirement that road construction by timber operators be
++EP++ adjusted downward when budget requests are less than the full
amounts available for forest roads and trails would hinder efforts of
this Department to operate in the most efficient manner and to assist in
reducing Federal spending and cash outlays to help fight inflation. % %
% %
Moreover, it would tend to restrict our ability to use combinations
of funding procedures to construct roads and trails as authorized by the
Act of October 13, 1964 (78 Stat, 1089).
This section would require that Forest Service offices be located to
provide optimum levels of "convenient, useful services to the public."
First priority would be given to locating and maintaining offices in
rural areas.
This Department has always given emphasis to the location of USDA
facilities and personnel in rural areas. In fact, the very nature of
the mission of most USDA agencies necessitates that agency programs be
located in rural areas. For example, in the Forest Service organization
some 77 percent of agency personnel are located in rural areas in towns
with less than 50,000 population, 48 percent being located in towns of
less than 5,000 population.
However, we would like to point out that in the process of
determining the location of USDA offices, we also consider and give high
priority to such additional factors as the mix of employee skills,
economy of operation, and program effectiveness. Our proposed revision
of Amendment 641 reflects the importance of these factors as well as the
direction relating to the location of USDA offices contained in the
Rural Development Act of 1970 (84 Stat. 1383).
In accordance with Section 252 of the Legislative Reorganization Act
of 1970, the following are the estimates of the costs that would be
incurred in carrying out the provisions of the bill. These estimates
were received from the U.S. Department of Agriculture.
The cost for this legislation is composed of two parts,
1. The costs associated with preparation of the Assessment,
Program, inventories and associated work, and public meetings
necessary to produce the basis for setting policy.
2. The "cost" to operate the policy that will be later
enunciated.
Estimates of the Forest Service Additional Average Annual Positions
of Civilian Employment Fund Requirements for New Programs authorized by
S. 2296 are as follows, The man-years and cost estimates listed above
are those associated with expanding the surveys as set forth in section
3(b) of S. 2296. The current annual authorization for the surveys is $5
million. Present man-years involved in the surveys total 131. ++EP++ %
%
% %
The provisions of the bill do not create other new authority for the
Forest Service; thus, its immediate impact will not be to add new
program costs. However, the budgetary review process and program
evaluation process, especially those set forth in subsections (f)
through (i) of Section 8, will provide more effective measures of costs
and benefits, direct and indirect, for courses of action. The bill thus
contains useful safeguards that force critical review and reporting and
thus continual program improvement. ++EP++
SRP SENATE REPORT
740218 (PART 5 OF 5)
COMMITTEE ON AGRICULTURE AND FORESTRY
S 2296
S REP 93-686
93RD CONG, 2ND SESS
74-S163-1
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
30)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 57 TO 87)
CHANGES IN EXISTING LAW, MCSWEENEY-MCNARY ACT OF 1928, AS AMENDED
(PAGE 30)
% %
% %
In compliance with subsection (4) of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill, as reported,
are shown as follows (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italics, existing law in which
no change is proposed is shown in roman),
(SEC. 9. The Secretary of Agriculture is authorized and directed,
under such plans as he may determine to be fair and equitable, to
cooperate with appropriate officials of each State, Territory or
possession of the United States, and either through them or directly
with private and other agencies, in making and keeping current a
comprehensive survey of the present and prospective requirements for
timber and other forest products in the United States and its
Territories and possessions, and of timber supplies, including a
determination of the present and potential productivity of forest land
therein, and of such other facts as may be necessary in the
determination of ways and means to balance the timber budget of the
United States. There is authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, not to exceed $1,000,000
annually to complete the initial survey authorized by this section:
Provided, That the total appropriation of Federal funds under this
section to complete the initial survey shall not exceed $1,000,000.
There is additionally authorized to be appropriated not to exceed
$5,000,000 annually to keep the survey current.)
"'The Secretary of Agriculture is hereby authorized and directed to
make and keep current a comprehensive survey and analysis of the present
and prospective conditions of and requirements for the renewable
resources of the forest and rangelands of the United States, its
territories and possessions, and of the supplies of such renewable
resources, including a determination of the present and potential
productivity of the land, and of such other facts as may be necessary
and useful in the determination of ways and means needed to balance the
demand for and supply of these renewable resources, benefits and uses in
meeting the needs of the people of the United States. The Secretary
shall carry out the survey and analysis under such plans as he may
determine to be fair and equitable, and cooperate with appropriate
officials of each State, territory, or possession of the United States,
and either through them or directly with private or other agencies.
There is authorized to be appropriated such sums as may be necessary to
carry out the purposes of this section.'" ++EP++
SRP SENATE REPORT
731120 (PART 1 OF 5) 740221 (DEBATE DATE)
S 2296
S REP 93-0000 (REPORT TEXT EMBEDDED WITHIN A DEBATE. REPORT NUMBER
UNKNOWN.)
93RD CONG, 2ND SESS
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 91 TO 125)
MAJOR PROVISIONS OF THE BILL, BACKGROUND, COMMITTEE CONSIDERATION,
SHORT SECTION-BY-ANALYSIS (PAGES 1 TO 3)
% %
% %
The bill would encourage wise and orderly development of the
renewable resources of our forest, range, and associated lands. It
would
(1) require the Secretary of Agriculture to prepare a National
Renewable Resource Assessment not later than December 31, 1974, and to
update it during 1979 and each tenth year thereafter,
(2) expand the resource surveys under 16 U.S.C. 581h to include all
renewable resources, and change the appropriation authorization therefor
from $5 million annually to the amount needed,
(3) require the Secretary to prepare a Forest Service Renewable
Resource Program not later than December 31, 1974, to cover the five
fiscal years beginning July 1, 1975, and at least each of the next four
fiscal decades, and to update such Program each five years thereafter to
cover at least each of the four fiscal decades beginning after such
updating,
(4) require transmission of the Assessment and Program to Congress in
1975 and after each updating, and adoption of policy resolutions by
Congress within one year after such transmission (to be modified as
necessary at the beginning of each new Congress),
(5) require expenditure of funds appropriated to carry out such
policy, except to the extent the Appropriation Act provides for
discretion, or events occurring after enactment of the appropriation
prevent the accomplishment of its purpose,
(6) require an annual progress report by the Secretary,
(7) require national forest system management to be on a current
basis by the year 2000,
(8) encourage the use of appropriated funds for forest road and trail
construction by requiring a reduction in construction financed by
purchasers of forest products whenever appropriation requests or
expenditures are reduced below the amount authorized or provided,
(9) direct the Secretary to consider avoiding use of purchaser road
construction authority in a manner that would unduly affect forest
revenues and payments to a particular county, and
(10) require Forest Service offices to be located near Forest Service
operations.
In 1876, the Congress created the Bureau of Forestry, in the
Department of Agriculture. This began the era of concern for forests
and rangelands and resources. In a period that culminated in 1911, when
the Committee reported and the Congress enacted the Weeks Law, the
Forest Service was fashioned as the core of Federal multiple-use
sustained-yield renewable resource management, research and assistance
to private landowners.
On January 10, 1924 in the 68th Congress, Senator Charles McNary of
Oregon issued a report on reforestation of public and private lands.
The conclusion of that report was that the United States was not
practicing the kind of husbandry that would insure an adequate supply of
timber for the Nation's growing uses in the years to come.
The Clarke-McNary Act enacted June 7, 1924 (48 Stat, 653) broadened
the cooperation in fire control, assistance to landowners and other
cooperative ventures. In 1928 the McSweeney-McNary Act (45 Stat. 699)
authorized a broad program of investigations, experiments and research
in growing, managing and utilizing trees, forest products, forage,
wildlife, weather and water.
In 1933 Senator Royal S. Copeland chaired a comprehensive effort
which produced Senate Document 12. This "National Plan for American
Forestry" (73d Congress, 1st Session) was presented by the Secretary of
Agriculture in response to the leadership of Senator Copeland. In the
74th Congress in response to S. Res. 289, a document called, "The
Western Range" (Senate Document 199) was also presented to the Congress.
On March 24, 1941, during the 75th Congress, Senator John Bankhead of
Alabama issued another report which called for better management of
public and private lands to insure that our woodlands would be a
national asset rather than a liability. Significantly, the report
indicated Congress had a full appreciation that the several and varied
multiple uses of the forests were important to the American people.
The report talked of sustained yield, which Congress dealt with in
the Multiple-Use Sustained-Yield Act of 1960. It recommended incentives
for commercial forest production on small private land holdings, which
the Committee on Agriculture and Forestry dealt with as part of the
Agriculture and Consumer Protection Act of 1973. The report also called
for better management of the National Forest System, pointing out the
compelling needs for reforestation and the protection of those forest
values which the public finds essential.
The debate over conservation goals and the ways to attain them has
continued for years. It is not likely to diminish soon. Over the past
two decades there have been several efforts to develop a National
Conservation Policy. Temporary committees were proposed. The Executive
has been active in this regard.
In the 1950's there was Mission 66 for the National Parks, a program
for the National Forests, and a public land management plan. All of
these were directed toward Federal lands. All of them were followed
through with varying levels of action.
It is against this background that the need for this legislation
emerges. One of the areas of repeated concern in recent years has
revolved around our forests and rangelands. The debate has encompassed
both policy in its broadest terms of national direction and goals, and
operating procedures and silvicultural practices.
The Committee on Agriculture and Forestry surveyed the general
situation in cooperation with many of the concerned public and private
groups. The Committe concluded that in terms of the Congressional
function to make policy, and for the purposes of improving
Executive-Congressional relations, the primary need was to improve the
methods by which the Nation secures information on long-range goals and
then sets into motion policies and programs which are both flexible and
yet sustained over a long period.
The wise and proper management of our Nation's forest and range-land
is of paramount concern to the Committee.
While nearly all of our farm land is privately owned, a sizeable
portion of the Nation's forest and rangeland is held by the national
goverment. This places on the Federal establishment a substantial role
as a land manager, along with an important function as a catalyst to
provide for sensible husbandry of private lands, insofar as this meets
the national interest.
However, to reach conclusions about what ought to be done on the
Federal lands, we need knowledge about the current and likely ++EP++
private actions. % %
% %
Reaching conclusions on how the public effort can help the private
effort requires a comprehensive understanding of the whole picture.
In preparing this legislation, the Committee refrained from
attempting to determine in advance what National Policy ought to be.
That is not the goal of this legislation.
Instead, a course was charted which is designed to produce a National
Assessment of the total picture and of specific needs. When the facts
of the Assessment are in, a Program will be developed with full public
participation, resulting in a common base for subsequent budget requests
and action.
The process of fact-finding and goal setting is to be followed up by
a detailed process of program evaluation which will determine if the
effort being made is accomplishing the mission set forth.
Questions relating to the condition and use of our renewable
resources have increased in number and intensity over the last decade.
Each issue has been raised independently and has been put forward with
its own body of "facts". The result has been an extended debate over
what are the facts, a further extended debate over how one issue relates
to others as well as whether the issue raised is a symptom rather than a
cause. Time after time the quest has been for a quick and simple
solution to the issue in the form it seemed to surface.
One school of thought has been that many "issues" would resolve
themselves if only the Federal structure were reorganized. Combining
agencies, shifting duties, and moving offices have been recommended as
reforms under the theory that form and structure determine substance.
The Committee had before it a number of these "issues" ranging from
posposals to treat specific resource problems to broader concerns,
including organizational issues.
In June, 1973, the Subcommittee on Environment, Soil Conservation and
Forestry held public hearings on an Executive proposal to move certain
Forest Service offices and to abolish others as well as legislation
dealing with issues of National Forest management.
One bill was S. 1775, popularly known as the Timber Supply Act.
Because the version before this Congress also dealt with export issues
it was referred both to this Committee and to the Committee on banking,
Housing and Urban Affairs. That Committee divided the bill into two
parts; one dealing with log exports, which went directly to the Senate
Calendar as S. 1033. The other dealt with timber resources and
supplies. It came to this Committee as S.1775.
In addition, the Committee had before it S.1996, which dealt more
broadly with forest land and resources -- both public and private.
The immediate crisis provided by the proposed Executive Branch effort
to restructure the Forest Service caused not only an indepth hearing,
but also a determination by the Committee that the time had arrived to
seek to treat basic causes rather than symptoms.
On July 19, 1973, S.J.Res. 134, which dealt with reorganization of
the Forest Service, was reported by the Committee. In addition, on July
11 the Subcommittee on Foreign Agricultural Policy held a hearing on
Export Control Policy and on July 30 it issued a report on the issues
presented, including log and forest products exports.
However, earlier in the spring, as the Agriculture and Consumer
Protection Act of 1973 was under consideration, questions of renewable
resource policies on forests and rangelands came up. The Committee
included in Title X of that Act the Rural Environmental Conservation
Program. It contained a forestry incentives program for small woodland
owners. This proposal had originally been introduced by Senator Stennis
and had received considerable study.
It was in this period that the Chairman, in consultation with other
Members of the Committee, directed that the staff begin to assemble
background information and analyze the various issues that had arisen
regarding forests and rangelands so that consideration could be given to
an appropriate course of action that would have long-term benefits.
Out of this grew the outline for the Forest and Rangeland
Environmental Management Act.
A series of concepts were put into legislative draft form. Meetings
were held with interested groups which included conservation, industrial
and local governmental representatives. On July 31, 1973, S. 2296 was
introduced by Senator Humphrey and others. This bill received wide
distribution, comment, and reaction.
A further series of informal meetings were held by the Committee
staff at the direction of the Committee co-sponsors. In the meantime,
the concepts in the bill were receiving generally favorable reaction
from other Members of the Senate and the number of co-sponsors was
growing.
The refinements that were developed showed that the central idea in
the bill had overwhelming support, to wit: The Federal role could be
met most effectively by having a comprehensive Assessment of the range
and forest land renewable resources which would be the basis for a
Program. This Program would be presented by the Executive reviewed in
the Congress with public participation, and used as a guide to the
formulation of budgets for a reasonable period ahead.
On November 7, 1973, a further revision was introduced with 25
co-sponsors and the Subcommittee held a public hearing on the bill on
November 20, 1973. Following the hearing and further working sessions
with interested and concerned groups, the Subcommittee on Environment,
Soil Conservation and Forestry reported the bill with amendments to the
full Committee in Committee Print form on December 7, 1973.
Over the next two months the Committee had the bill under advisement.
On February 6, 1974, it was ordered reported by the full Committee.
During the period, on all the issues, the Committee heard
approximately 100 witnesses. Far more statements were filed with it on
the various bills and on the issue of organization. The informal
working meetings, held by the staff, were composed of a cross-section of
groups that have diverse views.
The following list of organizations were represented: the Citizens
Committee on Natural Resources, the National Wildlife Federation, the
Wildlife Management Institute, the American Forestry Association, the
National Association of Counties, the National Parks and Conservation
Association, the Association of State Foresters, the Industrial Forestry
Association, the Northwest Timber Association, the National Forest
Products Association, the American Pulpwood Association, the Western
Timber Association, and the American Plywood Association.
The distinguished former Chief of the Forest Service, Dr. Richard E.
McArdle (1952-1961), participated as a private individual.
The staff also met at length, on a number of occasions, with
representatives of the Sierra Club, the Friends of the Earth, and the
Wilderness Society. In addition, an even larger number of interested
citizens appeared before the subcommittee and offered formal testimony.
Section 1. Short Title. The short title is the "Forest and Rangeland
Environmental Management Act of 1974".
Section 2. Findings. In this section Congress makes a number of
findings concerning the Nation's natural resources and the need for
comprehensive inventories and planning Forest Service programs.
Section 3. Renewable Resource Assessment. Subsection (a) requires
the Secretary of Agriculture "through the Forest Service" to prepare not
later than December 31, 1974, a National Resource Assessment dealing
with America's renewable resources of the forest, range, and other
associated lands, and to update such assessment during 1979 and each
tenth year thereafter. The Assessment would cover uses, demands,
supplies, programs, and policy.
Subsection (b) amends section 9 of the McSweeney-McNary Act of May
22, 1928, to
(1) provide for making and keeping current a survey of needs and
supplies of renewable resources (rather than only of timber and forest
products),
(2) authorize appropriation of such sums as may be necessary for that
purpose (rather than $5 million annually).
Section 4. Renewable Resource Program. This section requires the
Secretary of Agriculture to prepare a Program for protection,
management, and development of the National Forest System. This Program
will also include cooperative programs on non-Federal lands and for
research. The Program would initially be prepared by December 31, 1974,
and would cover the five fiscal year periods beginning July 1, 1975, and
at least each of the next four fiscal decades. It would be updated each
five years to cover at least each of the four fiscal decades following
the updating.
Section 5. National Forest System Resource Inventories. This
section requires the Secretary, as part of the Assessment, to maintain a
continuing inventory of national forest lands and renewable resources.
Section 6. National Forest System Resource Planning. This section
requires the Secretary as a part of the Program provided for by section
4 to develop and maintain land and resource use plans for National
Forest Systems units. Such plans are to Coordinated with the land use
planning processes of state and local governments and other Federal
agencies.
Section 7. Cooperation in Resource Planning. This section provides
for making the Assessment, resource surveys, and Program prepared under
the Act available to states and other organizations in planning for
renewable resources on non-Federal land.
Section 8. National Participation. Subsection (a) provides for the
use of hearings, meetings, advisory groups, and other participatory
mechanisms in developing the Assessment, Program, inventories, and
planning.
Subsection (b) provides for transmission of the Assessment and
Program on the first day of Congress in 1975 and following each updating
thereafter.
Subsection (c) provides for hearings and, within one year after
submission of the Assessment and Program, the adoption of a resolution
by Congress setting policy to guide the President in framing Forest
Service and related agencies' budgets for the five or ten year Program
period beginning in such Congress.
Subsection (d) provides for review of such Congressional policy by
each new Congress within ninety days after convening for the purpose of
guiding the President with respect to budgets transmitted during the two
fiscal years beginning thereafter.
Subsection (e) provides that each budget, beginning with that for
fiscal 1976, shall state the extent to which it meets the Congressional
policy and the reasons for recommending any course which fails to meet
such policy. Any amount appropriated for purposes covered by the
Congressional policy resolution ++EP++ would be required to be expended
and could be impounded only if the Appropriation Act gives such
discretion or if the President finds that because of events occurring
after enactment of the Appropriation Act such expenditure would fail to
accomplish its purpose. % %
% %
Subsection (f) and (g) require the Secretary to file an annual report
evaluating progress in implementing the Program and measuring costs and
benefits.
Subsection (h) requires the reports to indicate plans for corrective
action and legislative recommendations.
Subsection (i) requires the reports to be in concise summary form
with detailed appendices.
Section 9. National Forest System Program. Subsection (a) requires
the Secretary to develop and administer the renewable resources of the
National Forest System in full accord with the Multiple Use Sustained
Yield Act of 1960.
Subsection (a) further requires that by the year 2000 renewable
resources restoration and intensive management in the National Forest
System should be on a current basis, with backlogs eliminated.
Subsection (b) provides that if for any fiscal year the budget
request for forest development roads and trails (including the ten
percent of forest receipts available under 16 U.S.C. 501) is less than
the amount authorized therefor, or if any portion of the appropriation
for that purpose is impounded, the amount of construction financed by
forest product purchasers under 16 U.S.C. 535(2) would have to be
reduced below the preceding fiscal year by an equal amount. The purpose
of this provision is to encourage the use of appropriated funds for this
work, and to discourage the practice of asking for inadequate
appropriations with the idea of relying on purchasers for road
construction. The term "impounding" is defined.
This subsection further provides that in applying the authority for
purchaser road construction, consideration is to be given to avoiding an
undue effect on any particular county's share of forest receipts.
Purchaser road construction results in lowering the gross forest
receipts which are used in measuring payments to counties under 16
U.S.C. 500 and 501. Timber sales which include road construction via
revenue reduction can be made without limit unless proscribed by failure
to use appropriated funds. It is not the intent of the Committee to
limit the option to use timber purchaser construction when the required
level of appropriated funds has been allocated as provided above.
Section 10. National Forest System Defined. Organization.
Subsection (a) defines National Forest System to include all lands,
waters, or interests threin administered by the Forest Service.
Subsection (b) requires Forest Service field, field supervisory, and
regional offices to be so situated as best to serve the public, giving
priority to location in rural areas and towns near national forest and
Forest Service program locations in accordance with section 901(b) of
the Agricultural Act of 1970.
SRP SENATE REPORT
731120 (PART 2 OF 5) 740221 (DEBATE DATE)
S 2296
S REP 93-0000 (REPORT TEXT EMBEDDED WITHIN A DEBATE. REPORT NUMBER
UNKNOWN.)
93RD CONG, 2ND SESS
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 91 TO 125)
SECTION-BY-SECTION EXPLANATION AND JUSTIFICATION (PAGES 3 TO 7)
% %
% %
Section 1. -- The title of the legislation is the "Forest and
Rangeland Environmental Management Act of 1974."
The United States consists of approximately 2.3 billion acres, of
which 1.4 billion acres is natural forest and natural rangeland.
Another 420 million acres are in 1 approved posture or cropland and the
balance is in other types of land.
This legislation addresses the issues and opportunities on forest and
rangeland. It is designed to secure an assessment of the resources on
the ecosystems of these lands, but would exclude lands used for such
purposes as orchard crop, improved pasture, agriculture generally and
industrial site, transportation and urban use.
Section 2. -- Eleven findings are made which set forth the need for
this legislation,
The sir, water, soil, plants and animals are cited as finite and
renewable resources.
The air is affected and renewed by the living processes of plants and
animals.
The soil is the thin mantle of modified organic and inorganic
material that covers the earth of a depth of from a few inches to
several feet. The interactions of plants and animals renew the
life-giving organic components which make the soil a renewable resource.
The water is cycled and recycled by atmospheric and subterranean
processes which determine its availability and viability in the life
giving processes.
These are the great inter-related processors of our environment which
combine and interact to maintain life by sustaining each other in a
total environment.
In contrast, the mineral resources and subsurface parent soil are not
considered to be renewable within the time frame which this legislation
contemplates, although there are certain major mineral deposits and
soils which are capable of renewal in the longer geological frame of
time.
The conservation of the environment is, therefore, declared to be
essential for the achievement of an ecologically healthy and
economically functioning resource base.
The fourth and fifth findings take note of the rich national
endowment of forests and rangelands which, by their very nature,
produce, or are capable of producing -- multiple renewable resources,
products and benefits.
Manmade decisions have a most significant impact on the nature of the
products and benefits that will be secured from forest and range land.
For example,
Decisions made by man determine whether forested lands will be
allocated to recreational parks, with roads and campgrounds, as scenic
backdrop for a mountain vista to be preserved; as carefully guarded
stands of trees protecting streams where water temperature is the key to
promotion of a fishery, or as forested wilderness, which is a community
of life untrammeled by man, where man may be a visitor who does not
remain -- an area that retains its primeval character and influence
without permanent improvements or human habitation.
On the other hand, there may be areas of a forest where there is
continual activity by man engaged in commercial ventures, where roads
are builts for long-term timber management; the trees are cut for such
products as lumber pulp and plywood, new crops of trees are encouraged
by the silvicultural practices that are followed; where the trees are
planted as seed or seedlings, and where the growing forest is thinned,
pruned and protected from damage caused by the activities of man and
natural forces.
In the main, however, forest or range will not provide simply one or
two uses, but instead will be a multiple use resource, with a continual
flow of benefits as the result of careful planning.
The sixth through eleventh findings indicate the central and pivotal
national role of the Forest Service in the United States Department of
Agriculture in securing these benefits from forests and rangelands.
The Forest Service serves both the public and private sectors in a
wide variety of ways,
It develops facts on the condition and trends of the Nation's forest
and rangelands. It performs essential research, and disseminates the
knowledge produced. It conducts a wide range of cooperative programs
with the States and private landowners to promote the wisest protection
and management of resources. Finally it administers the National Forest
system which is the only comprehensive national system of Federal
resource lands.
The Multiple-Use Sustained-Yield Act of 1960 gave the Forest Service
the widest and most comprehensive charter, for management of the
187,000,000 acres it administers, that any Federal agency possesses.
The National Forest System provides, recreational opportunities of
varying types greater than those of the National Park System,
comprehensive opportunities for fish and wildlife activities which
are broader than the Fish and Wildlife Refuges,
land which contain the backbone of the major mountain water source
system. These water source protection lands range from those which
provide water to major metropolitan areas, such as Los Angeles, to vital
watersheds in the Southern Piedmont and Appalachian Mountain chain,
lands which play a significant role in the economies of the livestock
and timber industries.
It is important to note, however, that in terms of inherent potential
productivity of forage and timber, the lands in the system rate only
average. But they are admirably situated, and, in general, they are in a
condition that enables them to demonstrate the several kinds of benefits
and uses that can be obtained from all range and forest lands under
prudent management.
Section 3. -- The Renewable Resource Assessment,
The Assessment called for in this legislation is the essential
fact-finding tool upon which future national policy will be built. It
will be made ordinarily at the end of each decade. However, the first
Assessment will be made in the middle of this decade.
The Assessment will be comprehensive.
It will cover all of the renewable resources associated with the
forest and rangelands.
It is designed to give a long-term perspective for planning and for
programs, since it will cover all resources, in order to obtain a total
national focus.
It is not the purpose of this legislation to lodge solely in the
Forest Service new authorities it does not now possess, and which are
possessed by other agencies. It is expected that the lead role for
assuring that the Assessment is properly and completely made in a timely
fashion will rest with the Secretary of Agriculture, acting through the
Forest Service, and that there will be good cooperation with other
agencies -- both public and private -- to insure that the Assessment
will be of maximum usefulness to all who would be expected to use it.
The Assessment is not a commitment to do specific things. It is an
analysis of the present situation of how things came to be as they are
and what the outlook may be as to where the present course will take the
nation. Beyond that, it will display the opportunities for the future
and what measures will be required to realize these opportunities.
The Senate Committee on Agriculture and Forestry does not expect the
first Assessment, due December 31, 1974, to be as fully complete and
comprehensive as subsequent Assessments will be. An early date for
submission for the first Assessment was established to draw attention to
the sense of urgency that the Committee attaches to a new and vigorous
approach to meeting challenges that have been avoided for too long.
However, the Committee fully expects that the Assessment for the 1980's
will benefit from the first effort so as to be more comprehensive and
complete.
One of the most important elements of the Assessment will be the
effectiveness with which it displays the totality of forest and
rangeland, and the dispersion of resources by public and private
ownerships and geographic regions. The full exposition of the ++EP++
interrelationship between these resources will also be essential. % %
% %
The amendment of the McSweeney-McNary Act makes it clear that the
authority exists for the Secretary to secure all of the renewable
resource information needed -- either directly or through cooperation
with others -- and to secure the funds needed to this end.
Again, it is not expected that the Secretary will take over existing
functions of other agencies, but that a high level of interagency
cooperation will exist in order to develop the pertinent data
Section 4. -- The Renewable Resource Program,
The directives in this legislation go to the Forest Service. The
lands managed by the States and local governments, as well as by private
individuals and other Federal agencies are governed by whatever
authorities currently exist for them.
The design of the Program will require that for the three elements of
Forest Service activity (National Forest System, Cooperative Programs
and Research) there will be a detailed Program year-by-year for the next
five-year period. There will be a more generalized Program for the
subsequent five years, and a much less detailed set of Programs for each
of the following four decades.
Projections can be taken on into additional decades if this will help
to show why the planned level of activity must begin at a certain time
to realize a future goal.
For example, some forest ecosystems have a planning horizon of two or
three times longer than 50 years. Defining current objectives may
require displaying various situations for different time frames.
The Renewable Resource Program directed under this section is to
consist of the Program recommended to the Congress, with the supporting
reasons. However, one or more alternatives also may be set forth
separately as an addendum to the recommended Program. These alternatives
may be for parts of a program or consist of an alternative Program. The
Act does not require submission of an alternative Program or parts
thereof, but does not foreclose this.
Forest Service programs cannot be constructed in a vacuum. The
Assessment will give a comprehensive picture of the sum of public and
private activities and expectations, thus encouraging a comprehensive
and integrated Federal approach at the very least. Programs of research
will meet gaps in theoretical and applied knowledge on a timely basis.
Cooperative programs will provide the type of timely assistance that
will assist voluntary efforts of others.
In all aspects the Program will have to conform to requirements of
pertinent law. It is of national importance that the National Forest
System be operated in full accord with the concepts set forth in various
existing laws, such as the Multiple-Use Sustained-Yield Act of 1980 and
the National Environmental Policy of 1969.
This legislation does not intend to change these fundamental
propositions. It does not contain an authorization to accelerate or
reduce the cutting of timber. It does not place any one use over another
in terms of priorities. It fully continues the requirement that due
consideration shall be given to the relative values and the various
resources.
The Program is to cover both funding for current operations as well
as investments, and the latter are expressed for good and obvious
reasons. The record has shown that this has been the greatest lag in
meeting investment opportunities and obligations. This has perhaps
occurred because the realization of these benefits will occur in the
future, and the avoidance of expenditure today always has considerable
appeal.
A key feature of this legislation is that it attempts to prevent
short-sighted current actions which will short-change future generation.
The use of the terms "total related benefits" and "direct and indirect
returns" signifies that the broadest set of standards will be applied to
Assessment and Program construction, rather than some sort of narrow
profit and loss statement.
The bill provides that the Program shall include, but not be limited
to "(1) An inventory of a full range of specific needs and opportunities
for both public and private program investments."
As to the 750 million acres of forest and 600 million acres of range
land, a total national program concept is to be recommended to Congress.
Obviously, the Act does not provide that the submission of a Program
authorizes new public investments in private lands or private
investments in public lands. The Program can recommend what the private
sector ought to do in the areas under its direct management, what the
public sector ought to do to aid private efforts. The Program can
display how the private sector may wish to suggest investments it may
propose in public lands and resources. The Committee does not express a
view on the desirability of such an approach. It would keep an open mind
in assessing any new concept that may be put forward.
Also Section 4(2) calls for "Specific identification of Program
outputs, results anticipated, and benefits associated with investments"
so that costs can be compared to related benefit and direct and indirect
returns to the Federal Government. This discussion will help focus on
what the Federal level of activity ought to be and the reasons
therefor."
Section 4(3) provides for "a discussion of priorities for
sccomplishment of inventoried program needs." In estimating the proposed
public effort it would be appropriate to signify the degree of certainty
that the private sector will proceed with its programs on private lands.
Section 5. -- National Forest Resource Inventories,
With new systems of information retrieval it is increasingly
possible, and necessary, to maintain on a continuing basis,
comprehensive and detailed inventories of all of the National Forest
System lands and renewable resources. This data must be kept current and
identify new and emerging resources and values. This section directs
that this be done. It will assist in making certain that the benefits
envisioned will be recognized and that oncoming problems will be quickly
sensed. The display of inter-related data, rather that the present
procedure of treating each resource or use as somehow independent, will
do much to assure that professional and public understanding of goals
can move the total Federal effort ahead more harmoniously.
Section 6. -- National Forest System Resource Planning,
The plans referred to in this Section are the basis for the Program
called for in Section 4 as it relates to the National Forest System.
This section sets forth that planning in the National Forest System
lands will be developed and maintained and revised as appropriate. It
does not provide authority in the Forest Service to institute planning
on non-Federal land.
However, National Forest System plans are to be coordinated with the
land use planning processes of state, local and other Federal agencies
to the extent that they have such plans. This will prevent overlap and
wasteful duplication. It will give the states a greater opportunity to
be aware of the land use planning process within the National Forest
System, and it will insure more effective coordination with this
planning. Land use planning within the National Forest System is already
authorized, and is being carried out under the provisions of the
Multiple-Use Sustained-Yield Act of 1960. It is desirable that plans on
the lands within the System give major consideration to their impact on
plans developed by state or local governments. For example: the Forest
Service road network has impacts on the State and local roads systems.
The further requirement that such plans shall use a systematic
interdisciplinary approach to achieve integrated consideration of
physical, biological, economic and other sciences, is designed to assure
that a balanced, comprehensive methodology will be employed.
Section 7. -- Cooperation in Resource Planning,
This section requires that the Assessments, resource surveys and
Programs prepared under this legislation will be made available to
States and other organizations for their planning on the protection, use
and management of renewable resources on the non-Federal lands they have
as their responsibility. It does not authorize Federal planning on
non-Federal lands.
The Committee expects that there will be a high order of Federal
inter-agency cooperation and information sharing.
This section is designed to foster a spirit of full participation and
mutual leadership on the part of the much larger, and often more
significant, non-Federal landowner group in the process of planning the
protection, and management of the renewable resources under their
charge.
The Committee takes note that 69 percent of the 1.2 billion acres of
forest-range ecosystems in the contiguous 48 states are in the hands of
non-Federal owners. Federal lands, including the National Forest System
lands, do not possess unusual qualities of productivity which suggest
that they can be relied on to provide a share of the output of any
economic resource that is disproportionate to their share of the total
ecosystem. Nevertheless, more intensive multiple use management is
clearly necessary on the major portion of the System lands not legally
placed in the Wilderness System or where other factors mitigate against
intensive management. Thus the actual productivity may be brought up to
the System's proportionate productivity potential as designated in the
Program with fullconsideration of proper constraints.
Further, it is recognized that the American people look to the
National Forest System to provide major opportunities for outdoor
recreation and Wilderness, as well as wildlife and watershed protection.
In line with this the Congress has already directed that these
expectations be considered in planning programs on Federal lands.
Section 8. -- National Participation,
Subsection (a) of Section 8 provides that the Secretary is to provide
through regulation for the use of hearings, meetings advisory groups and
other participatory mechanism, for the development of the Assessment,
Program, resource inventories and planning provided for in the
legislation.
The public is rightly seeking a greater voice and participation in
the decisions which go into government policy making. Therefore, the
Committee has provided that the regulation process will be used to
inform the public of the systems of public participation.
However, other appropriate systems of communication may also be used
for the public to express itself in a comprehensive way. The Committee
desires that the public know that it is truly being consulted on policy
issues, and that the public input is making a difference in the Program
put forth. This process should help to limit procedural controversies
and improve subsequent discussions of substantive issues.
Subsection (b) of Section 8 provides for the transmission of the
Assessment and Program on the first day of Congress in 1975 and
following each updating as set forth in Sections 3 and 4 of the
legislation. ++EP++ % %
% %
Subsection (c) provides for Congressional
Illigible Line of the Assessment and the Program, the adoption of a
resolution by Congress which sets policy to guide the President in
Illigible Line related agencies for the five or ten year Program
period beginning in each Congress.
The intention is that the Assessment will look far enough into the
future to give a responsible presentation of the long and short term
outlook.
The Congress and the Executive will use the Assessment for a 10-year
period, subject to possible modification, as is provided for in
Subsection (d), based on new facts or significant changes.
The Program is to be set forth in detail for a five year period,
year-by-year. For the second period and ensuing periods, it will not be
in such annual detail, but it will show the overall effort planned for
these periods. For each of the succeeding four decades, it will be in
broad, yet reasonably measurable terms, so as to set goals and
directions.
The Department of Agriculture recommended a change in language so
that the President would only have to "consider" the Program in framing
budgets, rather than using it as a "guide." The argument is made that
the term "guide" restricts the flexibility of the President.
This it certainly does not do.
What the legislation does it make it clear that this Program is a
"guide"; thus it is one of several possibilities. The President takes
into account fiscal issues, the national defense and general welfare as
other "guides" in formulating overall budget policy. He is required
under this language simply to consider the Program as the guide in
setting resource conservation criteria.
Subsection (e) of Section 8 requires that in the event that the
President does not submit to Congress a budget that accomplishes the
policy, he is to set forth the reason or reasons he has not done so.
This is a clear recognition of the flexibility provided to the
President, and it insures that the President's position on the
environmental resource budgets involved are clearly stated.
This will require that the "trade-offs" be clearly outlined and thus
it is fully consistent with the other language included in the bill
inserted at the request of the Department that requires the Program in
Section 4 to show "program outputs, results anticipated, and benefits
associated with investments in such a manner that the anticipated costs
can be directly compared with the total related benefits and direct and
indirect returns to the Federal Government" Since the Department was
anxious to have these detailed requirements in the formulation of the
Program that the Congress will have before it to set policy, it is the
view of the Committee that this same concept should follow through in
the presentation of the budget. The budget like the Program therefore
will require that the Executive "show and tell" in order that in each
step of the process the best and most enlightened decisions can be made
with all the facts before the Congress that were used by the Executive.
The result will promote sound budgeting from start to finish.
Subsections (f) through (i) tie the package together, providing the
Congress with information which evaluates in a detailed manner the
stewardship of the Forest Service over the Program given current budget
and manpower levels.
In other words, the legislation provides for an Assessment of the
situation and needs, followed by goal-setting, through the Program which
is then all tied together by detailed evaluation of how the Program is
being carried out.
The language of these subsections was prepared with the cooperation
of the Systems Analysis Division of the General Accounting Office. It is
expected that at appropriate times the General Accounting Office will
assist the Committee in the evaluation process as a means of providing
true oversignt.
The evaluation principle is essential. Currently the Annual Report of
the Chief of the Forest Service reveals very little on performance
(however this is often true of similar reports from other agencies).
Further, these reports are usually issued at a time so far after the
close of the fiscal year that they are of little value for budget
planning purposes.
For example, the last such report was issued on April 3, 1972, and it
covered two preceding fiscal years (1970 and 1971). Therefore when the
budgets for fiscal years 1973, 1974, and 1975 were presented to the
Congress, the public and the Congress were without a report from the
Chief of the Forest Service for even the most recent year. Also the
reports are not analytical and do not indicate program effectiveness
except in general terms.
Subsection (g) details types of things shall be set forth but does
not act to limit the scope of useful evaluations.
Subsection (h) requires that the report set forth plans for
corrective action where there are shortcomings and where recommendations
for new legislation are warranted.
Subsection (i) deals with the structuring of material in the body of
the report and its appendices. The Annual Report now consists of a
limited writeup and tables. These are of low utility and interest
because, among other things, (1) they fail to reveal facts essential to
meeting management objectives, (2) they do not focus on issues; and (3)
they are late in being issued.
Examples of shortcomings in the last Forest Service Report are,
1. Lands Administered. These data do not reveal private inholdings
and whether they impede or aid management; they do not reveal
acquisition or disposal goals in terms of adjusting the pattern of land
ownership vis exchange or purchase; and they do not readily show the
net change in ownership and the reasons therefore despite the
substantial programs and authority that exists in land management.
2. Receipts and expenditures. These data are most abbreviated and do
not meet any standard of fiscal explanation.
3. Recreation. There are 3 tables displayed here which give only
minimal facts on which to gauge the effectiveness of recreation
programs. The Use figure lists everything from camping, and gathering
forest products to travel and winter sports. However, none of these is
presented in a way that gives a measure of the strain on or the need for
certain types of iscilities and activities.
4. Big game barrest. This table lists the legal harvest of selected
big game species. It gives no clue on the condition of the game habitat
and totally ignores the fish, bird and small game harvest. Even more
significant there is no absolute void of analysis and data on wildlife
population trends. The table on wildlife habitat improvement is so
abbbreviated as to give no idea of improvements in relation to need and
their geographical pattern.
5. Grazing. The Chief's report gives one column to this vital area
and no discussion of national forest and grassland grazing issues. The
one abbreviated table shows a few national statistics on numbers of
livestock grazed, numbers of permits and an unsubstantiated figure on
livestock losses.
6. Timber is treated with a very limited discussion followed by
tables on number, volume and value of timber sold, volume and value cut,
acres given stand improvement and planting. Considering the substantial
significance of both forest resource management and timber harvesting on
the national forests, the treatment is totally deficient.
7. Roads and trials. This major investment program is given only the
most cursory highlight and fabular treatment.
8. State and private forestry. This topic is treated more
substantially than are key elements of the management of the National
Forest System. However, the text and tables are not readily relatable
and do not give a perspective to this important function.
9. Research. A topical approach is used without an effective overview
and there is no tabular material on either funding or programs to
provide a basis for judgements.
It is expected that under this legislation the Annual Report would
not only be issued on a more timely basis but also would be a more
useful document.
Section 9. -- National Forest System Program Elements,
The 187,000,000 acres of forest and rangeland embraced in this
National estate is a vital national asset. There has been a wide ranging
debate over how these lands should be managed, whether management
systems and practices are properly and effectively applied, and whether
necessary priorities are being observed.
In this legislation, the Committee has made every effort to include
concepts that are broad in character and which are designed to bring
before the public and the Congress factual data on which to base future
decisions.
The reforms are in method and procedure, preserving professional
management flexibility to promote proper action by those charged with
carrying out programs. This section sets forth broad guides in two
areas.
Subsection (a) states that in full accord with the concepts for
multiple use and sustained yield of products and services as set forth
in the Multiple-Use Sustained-Yield Act of 1960, the Secretary shall
take such action as will assure the development and administration of
the renewable resources of the National Forest System. The term
"development" is used in its broadest context. In cases where no
activity achieves an authorized use, the proper level of "development"
would be attained. At the same time, where intensive interrelated
activities are required on a regular and comprehensive basis such a
course would be charted.
Wise management is based upon facts and takes into account emerging,
tested knowledge. Since we are constantly learning it would hardly be
productive to try to cast into legislative flat prescriptions for
management.
Subsection (a) emunciates as policy the goal that by the year 2000
the renewable resources of the National Forest System will be in an
operating posture whereby all backlogs of needed treatment for their
restoration shall be reduced to a current basis. The purpose of this
general instruction is to provide a target for planning that will assure
scheduled attention for the millions of acres in the National Forest
System that will benefit from such things as forest stand improvement,
reforestation, recreational facility modernization and improvement. The
second requirement is that by the year 2000 the major portion of planned
intensive management procedure shall be installed and operating on an
environmentally sound basis.
The intensive management procedures contemplated are actions that
stimulate a high yield of the various resources on a balanced basis.
Examples are: forest growth stimulating techniques; range management
systems that encourage the timely growth of browse species; fish and
wildlife habitat conditions that promote a healthy population of various
species; and recreational provisions that assure constructive public
use. There are the concepts well established by the Multiple-Use
Sustained-Yield Act of 1960.
This two-part instruction aims to: (1) wipe out the backlog of now
lagging work so ++ EP++ that the entire National Forest System will have
the plant, animal, soil, water and air output that is ecologically
sound; and (2) assure that at least half of the recognized intensive
management procedures for optimum realization of future outputs will be
installed and operating. % %
% %
While the target year has been set, the Act does not set precise
goals -- quantitative and qualitative. These would be recommended in the
sections of the Act which provide for the Assessment and the Program. As
to action to eliminate backlogs, the Act will set three bases for
reduction or termination of effort, (1) elimination of the backlog; (2)
a showing that the cost to treat the balance exceeds the economic and
environmental benefits, or (3) total supplies of the renewable resource
of the United States are projected as adequate to meet the future needs
of the American people.
These tests will act both as a spur to proper action on a timely
basis and as a brake against needless actions which possess
insufficiently economic and environmental benefits to justify the
expenditure of funds.
It is intended that the total national situation will be used in
testing and suggesting the required effort in the National Forest. It is
proper, if, for example, private efforts will not raise forest
restoration efforts to needed levels, for the Forest Service to seek to
close the gap by growing as much timber as can be properly grown.
However, it is not the intent of this Act to propose that harvest levels
on the National Forest System should exceed the ability of the National
Forest lands to grow timber, backed up by the action needed to grow it.
Rather, the National Forest System is viewed as an entity which will
make its proper national contribution if managed as an entity. Its
reserves of standing timber are not a pool to be tapped because timber
in other ownerships has been liquidated without regard to the sustained
yield capacities of that land, or to satisfy domestic and export demands
that, if met now, will exacerbate future supply problems. These are not
actions consistent with the 1960 Multiple-Use Sustained-Yield Act.
Subsection (b) Forest Roads and Trails, deals with the transportation
system to service the National Forest System. The Congress declares that
its installation shall be carried forward in time to meet anticipated
needs on an economically and environmentally sound basis and that the
choice of financing methods will enhance local, regional, and national
benefits.
There are two basic means for financing needed forest road
construction,
Under 16 U.S.C. 501, 10 percent of Forest Service receipts is
allocated to road construction, currently about $40 million yearly. The
biennial Highway Act sets an authorization for Forest Development Roads
and Trails. In fiscal years 1972-74 it was $170 million a year. For
fiscal year 1975, and fiscal year 1976 it is $140 million a year.
The combined amounts would have permitted an appropriated fund
program of $193 million in fiscal year 1972, $203 million in fiscal year
1973, $211 million in fiscal year 1974 and $180 million in 1975.
In the period fiscal years 1973-75 the unfunded backlog of
authorizations has risen from $327 million to $503 million due to
failure to use authorizations.
Authority also exists in the Act of October 13, 1974, to reduce the
appraised price of timber by the "estimated" cost of the roads needed to
remove that timber. This is not subject to budgetary control. The level
of revenue reduction in fiscal year 1972 was $100 million, rose to $135
million in 1973, jumped to $173 million in fiscal year 1974 and is
proposed at $187 million in fiscal year 1975.
For the National Forest System roads are constructed by three
methods,
(1) a few roads are built by Forest Service employees using
appropriated funds,
(2) some are built under contracts let by competitive bid to private
road construction firms using appropriated funds; and
(3) many are built by timber purchasers (who may do it directly or
sub-contract the job) being "reimbursed" by a reduction in the price
paid for timber in a sale by the "estimated" cost of the road (including
an allowance for profit and risk).
These three basic methods were provided for in the Act of October 13,
1964 (16 U.S.C. 532-538).
Each method has its advantages and disadvantages. Each method has a
reasonable role. In each of the recent Congresses the report of the
biennial Highway Act has urged the Executive to make full use of the
authorization to build roads with appropriated funds and to de-emphasize
dependence of securing roads under timber contracts thus, among other
things, reducing timber sale revenues. The key reform in this section is
to provide that in the budgetary process the entire road program will be
considered as an entity.
There is no restriction in the bill on the flexibility, now in law,
on the use of the authorizations, either as to allocation to road and
trail construction, reconstruction, maintenance, engineering or
supplementing timber purchaser construction.
However, should the Executive elect not to request the current
authorization, or should it impound the amount thereof appropriated, the
same reduction shall apply to the backdoor spending authority, which has
adverse effects on national forest revenues, payments to counties from
revenues and other elements of the road program.
The back-door spending authority is unique. It permits the Forest
Service to reduce the appraised asking price for timber by the estimated
cost of securing the permanent road needed to harvest the timber on that
sale in order that the timber purchaser perform that task.
In fiscal year 1972 the Forest Service had a total road and trail
program of $271 million of which $171 million was supported by
appropriations and $100 million was supported by revenue reduction. In
the process, $21 million of appropriated funds were allocated to support
the engineering and supplemental financing of the revenue reduction
system.
In fiscal year 1974 the Service has a $303 million total program of
which $130 million was supported by appropriated funds and $173 million
by revenue reduction. Further, the support cost for the revenue
reduction method for engineering and supplemental construction had risen
to $79 million. Even more significantly, in 1972, out of the $171
million in appropriated funds, $111 million was allocated for road and
trail construction and reconstruction.
In 1974 the lesser $130 million program had been so tilted that a
mere $8 million of the appropriated funds is allocated to road
construction, there is no trail construction or reconstruction and the
only road construction is associated with timber production.
The proposed 1975 budget further exacerbates the problems. Out of the
$146 million request for appropriate funds, only $8 million will be used
for construction, but $90 million will be used to supplement and
engineer timber purchaser roads. The revenue reduction backdoor spending
component, which is not visible in the budget, is projected for 1975 to
climb to a record $187 million. It will likely be even higher since the
1974 estimate of $142 million now is projected to be a $173 million
revenue loss.
One result is a "revenue taking" from counties. This taking, which
was $25 million in 1972, will reach possibly $50 million in 1975. In the
meantime over $30 million of current authorization will languish unused.
The total unfunded contract authority for roads and trails, which was
$327 million in 1973, will have risen to $503 million. Within three
years, program flexibility as been eliminated.
This is the only Forest Service program where the agency has the
authority to "appropriate" revenue without any Congressional control or
any standard spelled out in law as to when and how this may be done.
For example, under the Knutsen-Vandenberg Act (16 U.S.C. 576 (b),
reforestation and stand improvement work is authorized out of revenue on
lands cut over in a timber sale. There is a limitation that the fund
collected may not exceed costs for the contemplated work when compared
to costs on comparable national forest lands during the previous three
years.
The payments, which act to reduce revenues from the sale of timber,
must be deposited with the Forest Service, maintained in a special
account, spent only on those lands. These payments are spent either
directly by the Service or under contract to firms who bid to do
reforestation or stand improvement work.
However, when timber purchasers are granted a reduced price to
construct a road under a timber sale contract, the amount of reduction
is based on the "estimated cost" for a road that may not have yet been
designed (in fact the purchaser may subsequently design it under a
design allowance in the timber contract), there is no "special account"
created into which funds are placed, and thus no accountability on the
part of either the Forest Service or the timber purchaser.
Since the allowance may cover both temporary roads and permanent
roads, it is impossible to tell what was actually done under the
"allowance." In fact, since the whole procedure is based upon the use of
the "estimated cost", rather than a bid price to construct roads, the
timber purchaser may incur a loss if his actual cost exceeds the Forest
Service estimate or he may secure a windfall if his actual cost is less
than the "estimated cost."
The Secretary has adequate rulemaking authority already to revise
procedures. The reform that is proposed in this legislation goes to the
broader policy issue; the unwillingness of the Executive to voluntarily
follow the request by the Congress that greater use be made of
appropriated funds under the Highway Act and 16 U.S.C. 501
authorizations to secure roads that will become a part of the permanent
National Forest Transportation System.
There is another impact of the failure to use authorizations and
reliance on revenue reductions. The allocation of appropriated funds to
timber purchasers to supplement the cost of road construction and for
engineering, surveys, plans and supervision of timber purchaser work
jumped from $21 million in 1972 to $90 million in 1975 /1/.
In the past three years, there have been growing demands upon the
National Forests to provide more of every one of the multiple uses and
resources and insistent demands that there be better forest management
and that timber be better offered for sale. Despite all of these facts,
the appropriated funds available to construct permanent roads has
declined from $100 million to virtually nothing; the dependence on
timber purchaser construction has almost doubled and constitutes the
entire road program. In addition, the resultant revenue reductions,
which in 1972 had an adverse impact on the counties of $25 million, will
jump to about $50 million in 1975.
The Committee recognizes that where roads are intended only for that
timber sale and ++EP++ are not to become a part of the permanent road
network that timber purchaser construction may be a mutually beneficial
way to proceed. % %
% %
There are also instances where a permanent road can be constructed by
the purchaser under a timber sale contract, especially where the road
needed would be at the standard that a prudent businessman could use in
that instance. The timber purchaser should neither be expected nor
forced to be a major road contractor, but rather the terms and
conditions of the sale should be those which enable him to promptly cut
and remove the timber thereon.
The record shows that the Executive has often failed to use the
authorized levels of road funds and has substituted heavy reliance on a
method that has several inherent shortcomings.
Rather than incorporate an outright curb on the use of timber
purchaser construction and revenue reduction, the Committee has selected
a middle course which imposes a limit on revenue reduction method of
securing road construction if the budget request is for the amounts
authorized as described in this subsection and whatever amount is
appropriated is not subsequently impounded.
Therefore, had this subsection been in effect during this period, the
Service would have been able to carry out about the same total
construction program at no greater cost.
The language of the Act will maintain the essential need for
flexibility but changes the order -- regular authorized funding will
become the first priority, and revenue reduction and back-door
uncontrolled spending will become the second priority -- but need not be
diminished.
The Forest Service estimates that it needs a total transportation
network of 338,000 miles to carry out effectively multiple-use,
sustained-yield management. The present network is only 198,000 miles --
less than 60 percent of need. In addition, 144,000 miles or over 70
percent of the existing network is in need of reconstruction. Even if
the Assessment shows that there is a substantial error in the current
estimate, it can be seen that a very substantial backlog exists, and the
currently misaligned priorities in funding are counterproductive.
The Committee has also included language at the end of this
subsection which is designed to further assist the counties by requiring
the Secretary to give due consideration to actions which may unduly
impair the revenues that counties receive in determining where to use
which fund source.
The purpose of this language is to promote a reasonable allocation of
methods of securing construction of roads so that a few counties do not
have their already low level of payments of revenues reduced or
diminished by undue reliance on timber purchaser construction contracts
in their local forest while another national forest, with more
substantial payments to its counties, receives substantial assistance in
road construction via appropriated funds. For example, the reliance on
timber purchaser, revenue reduction construction in a county that
receives a payment in lieu of taxes from the national forest of $9.00
per acre is far less than it is on one whose payments are 50 cents or
only 15 cents per acre.
Section 10. -- National Forest System Defined,
Subsection (a) places in law the definition of the lands that are
considered to be a part of the system and incorporates the term
"National Forest System" into law. The lands in the national forests are
of diverse origins, some are original public domain, others were
purchased under laws, or secured by donation or exchange or other means.
It is the purpose of this subsection to state that all lands
administered by the Forest Service are, in fact, part of a National
Forest System.
Subsection (b) provides that field offices, such as District Rangers
and Forest Supervisors, and Regional offices shall be so situated as to
provide the optimum level of convenient, useful service to the public.
Priority shall be given to the maintenance and location of facilities in
rural areas and towns near the National Forest and Forest Service
locations. The standards of Section 901 (b) of the Act of November 30,
1970 (84 Stat. 1383), as amended, are established as the guide. This
will permit the Forest Service to make orderly adjustments in the
assignment of lands to a particular management unit such as a Ranger
District and to adjust local field offices when these improve the
service. It also would set a standard that would have to be observed in
possible realignments of Regional Offices.
In its action on S.J. Res. 134 of this Congress (Report No. 93-337)
this Committee expressed the need for maintaining the Forest Service's
excellent organizational structure and key office location.
((/1/ 16 U.S.C. 535 states,
"That where roads of a higher standard than that needed in the
harvesting and removal of the timber and other products covered by the
particular sale are to be constructed, the purchaser of the national
forest timber and other products shall not be required to bear that part
of the costs necessary to meet such higher standard, and the Secretary
is authorized to make such arrangements to this end as may be
appropriate." Pub. L. 88-657, Sec. 4, Oct. 13, 1964, 78 Stat. 1089.
This language prevents the Forest Service from requiring that a
timber purchaser construct a road on a timber sale at either the
standard needed to harvest timber in the entire drainage based upon its
allowable cut or to require a road at multiple use standards, even if
the Service reduces the price of the timber by an amount sufficient to
cover the "estimated" cost of the higher standard road. Thus, the only
way the Service can get a permanent road at the standard needed for
permanent management to meet future needs when a timber purchaser is
constructing the road is to supplement his allowance for the timber sale
road with appropriated funds if he is willing to so cooperate.)) ++EP++
SRP SENATE REPORT
731120 (PART 3 OF 5) 740221 (DEBATE DATE)
S 2296
S REP 93-0000 (REPORT TEXT EMBEDDED WITHIN A DEBATE. REPORT NUMBER
UNKNOWN.)
93RD CONG, 2ND SESS
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 91 TO 125)
DEPARTMENTAL VIEWS WITH ONE LETTER EMBEDDED (PAGES 7 TO 9)
% %
% %
Hon. HERMAN E. TALMADGE,
Chairman, Committee on Agriculture and Forestry, U.S. Senate.
DEAR MR. CHAIRMAN: As you requested, here is our report on Amendment
641 to S. 2296, the "Forest and Rangeland Environmental Management Act
of 1973."
The Department of Agriculture agrees with the general objectives of
the Amendment. Many of the activities addressed by this legislation are
presently being undertaken under existing authorities. While the
Amendment would broaden and strengthen existing statutory authorities,
it would also limit Presidential flexibility in a number of respects.
The Department of Agriculture therefore recommends enactment of the
Amendment only if modified along the lines suggested herein.
The Amendment to S. 2296 sets forth various findings relating to the
renewable nature of forest and rangeland resources, the role of the
Forest Service in administering these resources, the need for
comprehensive planning for the renewable resources of America's forests
and rangelands, and the need for proper levels of funding and
investments in forest and related resource management.
Section 3 of the Amendment would require the Secretary to prepare a
Renewable Resource Situation Assessment which would include a detailed
presentation and analysis of (1) current and anticipated use, (2) supply
of and demand for renewable resources, (3) an inventory of present and
potential renewable resource yields, (4) opportunities for increasing
yields of goods and services, and (5) a description of Forest Service
programs and responsibilities, as well as a discussion of important
policy considerations expected to significantly influence the use and
management of the Nation's forests and rangelands. Section 4 would
provide for the development of a long-term Renewable Resource Program to
be submitted by the President to the Congress for each of the next five
decades. Section 5 would direct the Secretary to develop and maintain
inventories of all National Forest Systems lands and resources. The
Amendment would also require land use and resource planning for units of
the National Forest System, cooperation with the States in resource
planning, and public participation in the development of the Assessment
and Program. In addition, the Amendment would require the Secretary to
determine optimum management levels for the renewable resources and
authorized uses of each National Forest management unit. Section 9
would also set the year 2000 as the target year when all backlogs of
needed conservation treatment for the National Forest System shall be
completed. The Amendment would declare the importance of a "proper
system" of transportation in the National Forest System by requiring
that the full amounts appropriated for forest roads, trails, and
highways be requested and expended each year by the Forest Service.
Amendment 641 is an expression of concern over the demands and
conflicting pressures being placed on the Nation's forest resources.
The legislation is timely, as it follows closely upon the recent release
of the "Report of the President's Advisory Panel on Timber and the
Environment" and the "Outlook for Timber in the United States," which
was prepared by the Forest Service of this Department. Both of these
reports conclude that significant improvements in management of the
Nation's forest and related resources must occur if future demands for
these resources are to be met at reasonable prices.
A better-defined, long-range persective on national forestry programs
is a prerequisite to meeting future demands for forests and related
resources. We believe that joint consideration by the Congress and the
Administration of the state of the Nation's forest resources, the
anticipated supply, demand, and pertinent price trends for these
resources, and costs of alternative approaches related to specified
program accomplishment will benefit formulation and sound national
forestry goals, assist in the establishment of meaningful investment
priorities, and help to assure program accomplishment.
We therefore support the basic requirements of Amendment 641 that the
Secretary of Agriculture periodically develop a National Assessment and
a long-range Renewable Resource Program to be transmitted to the
Congress by the President with his recommendations. The Amendment would
strengthen present Forest Service planning efforts by providing a
stronger statutory base for the development of a long-range forest
resource plan, supported by adequate analysis and resource inventories.
We have also enclosed a revision of the Amendment which incorporates
a number of proposed changes. Our revision reflects and remedies two
major concerns.
First, we are concerned with those aspects of the bill which would
restrict Presidential flexibility and discretion in preparing annual
operating plans and attendant budget requests. It is essential that the
President retain the flexibility to accommodate changing economic and
social conditions and to exercise his judgment in the budgetary ++EP++
process on the appropriate balance among all worthy public programs. %
%
% %
The regular appropriations process allows ample opportunities and an
orderly process for questioning Presidential fiscal priorities and
should continue to be relied upon as the appropriate forum for handling
budget questions and issues.
Second, we urge that the scope of the Assessment and Resource Program
be limited to "forest and related renewable resources." As now phrased,
the Amendment would require the Secretary to assess and present programs
for all renewable resources. This broad terminology could lead to an
overlap and conflict with renewable resource assessment and program
planning efforts performed by other agencies of the Federal government.
We would prefer to define the scope of a "Forest and Related Renewable
Resources Assessment" as including those matters currently within the
purview of the National Forest System, State and Private Forestry, and
Forestry Research responsibilities and authorities of the Forest
Service.
Our detailed comments and suggestions for Amendments are included in
the enclosed Supplemental Statement.
The Office of Management and Budget advises that there is no
objection to the presentation of this report from the standpoint of the
Administration's program.
Sincerely,
/s/J. PHIL CAMPBELL,
Under Secretary.
Note: The Supplemental Statement follows, and the proposed revised
language is on file with the Committee.
The Amendment sets forth a number of findings which declare the
importance of renewable resources, their conservation, and their wise
management to the Nation's ecological and economic well-being. The
findings also recognize the total mission and role of the Forest Service
in managing and protecting renewable resources and specifically describe
the National Forest System and its mission. In addition, the findings
express the need for comprehensive inventories and planning to secure
the greatest net benefit from Forest Service programs and the need for
proper levels of funding and investment in the various activities and
programs of the agency to assure optimum benefits.
Subsections 2(a)-(c) relate directly to policy set forth in the
National Environmental Policy Act and are not unique to the purposes of
this legislation. We therefore suggest that these subsections be
deleted.
To simplify subsection 2(d), we suggest that this subsection be
amended to read as follows:
the United States is richly endowed with land bearing, or capable of
bearing, forest trees and associated forage as principal vegetal cover,
which lands by their very nature produce, or are capable of producing,
multiple renewable resources, products, and benefits.
Subsection 2(f) recognizes the total mission of the Forest Service
and defines the National Forest System. Statutory recognition of the
National Forests and related lands as an identifiable public lands
system would help the public understand the role of the National Forests
and the contribution they make collectively to the Nation's economic and
social well-being. Identifying the National Forest System in this way
would parallel acts which have established and recognized the National
Park System and the National Wildlife Refuge System. We suggest that
this identification be accomplished through affirmative language rather
than as a "finding." Section 10 of our proposed revision contains such
specific language as a substitute to that found in the latter part of
subsection 2(f). We therefore suggest subsection 2(f) end with the
phrase "and through the management of the National Forest System" and
that the remainder of the subsection be deleted.
Subsection 2(h) of the findings contains an apparent printing error
and is vague. To clarify the intent of this finding, we suggest that
the provision be reworded as follows,
proper levels of funding for investment in the various activities and
programs of the Forest Service are essential to achieveing and
sustaining an optimum flow of benefits from forest and related
resources.
Subsections 2(i) and (m) essentially duplicate each other, as well as
subsection 2(f). The purpose of these subsections is to emphasize the
integral nature of the three basic program objectives of the Forest
Service. Subsection (f) accomplishes this by describing the Forest
Service mission. We therefore suggest that subsections (i) and (m) be
deleted from the findings. Our suggested revision of subsection (k) of
the Amendment eliminates language which is redundant and does not
parallel basic provisions of the Multiple Use-Sustained Yield Act. Our
suggested revision of subsection 2 (1) emphasizes the full range of
factors that bear on Forest Service organizational design.
As indicated in our cover letter, we believe it is important to
clarify the scope of the Assessment and to restrict its content to be
consistent with present responsibilities of the Forest Service.
Accordingly we suggest that the title of the Assessment be changed to
"Forest and Related Renewable Resource Assessment." Our proposed
revision rewords each reference to "renewable resources" to reflect this
change.
Our ability to analyze trends and to formulate effective forestry
programs depends upon comprehensive data on forestry and related
resources. We therefore support subsection 3(b), which would strengthen
the Forest Survey authorized by the McSweeney-McNary Act of May 22, 1928
(45 Stat. 702, as amended, 16 U.S.C. 581h). Express broadening of the
focus of the current Forest Survey from surveys of timber to surveys of
all forest and related resources will assure the availability of data
necessary to prepare the Assessment, and will greatly assist the
formulation of long-range resource plans by the Forest Service, other
Federal agencies, States, conservation organizations, industry groups,
and others.
Our proposed revision would also require that cost, price, and other
economic factors be analyzed as a part of the Assessment. These factors
must bear on any comprehensive resource evaluation.
We support the concept of a long-range forestry and related resources
program which would present a range of alternative objectives and
associated programs, related costs, accomplishment gargets, schedules,
and a discussion of priorities related to the various alternatives. We
believe such a program could provide the Administration and the Congress
with a reliable and useful perspective on national forestry needs,
issues, and opportunities, and would lead to improved agency decision
making and program formulation. We propose that the title of this
planning document be amended to read "Forest and Related Resources
Program."
Section 4 would require development of a specific ten-year program,
for each of the next five decades. Under section 8 of the Amendment,
the program would be sent to Congress every ten years.
We believe it is unrealistic to seek to prepare detailed program
schedules and recommendations spanning a 50-year period. Economic and
other considerations fluctuate so often that projections and
recommendations beyond a five-or ten-year period generally lose validity
and relevance.
We agree that a long-range Forest and Related Resources Program
should be submitted to Congress at intervals not to exceed ten years.
We contemplate that such a program would cover a ten-year projection and
program period, with greater detail for the first five years.
The Program should display alternative objectives and associated
programs, rather than only one program recommendation. It should
include specific identification of program outputs, results and benefits
as well as an inventory of program opportunities. Such a display will
aid both Congress and the Executive Branch in weighing the impacts of
short-term decisions, not only on future yields of forests and related
resources, but on other national considerations, including fiscal and
economic policy.
Appropriate amendments to provide for our suggested approach are
included in sections 4 and 8 in our proposed revision of the Amendment.
For the framework for long-range planning, we would rely on the
Forest and Related Resources Assessment, which, as required by section
3(a) of the Amendment, would deal with trends in resource use and
demand.
We recognize the need for assembling resource data on individual
units of the National Forest System. The effect of section 5 would be
to emphasize current on-the-ground inventory efforts under existing
authority and to provide an essential base of information for developing
the Assessment and Resource Program as set forth in sections 3 and 4.
With a technical amendment included in our proposed revision, we would
have no objection to this section.
This section would require the Secretary to develop, maintain, and
revise land and resource use plans for units of the National Forest
System and to use a systematic interdisciplinary approach in this
planning.
Land use and resource planning are, of course, integral to the
management of the National Forest System and have long been a routine
component of National Forest System administration. The Forest service
has adequate authority to engage in all such unit planning and has for
some time now utilized an interdisciplinary mix of skills and
professions in developing our land use plans. The effect of section 6,
therefore, would be to give emphasis to agency land use planning efforts
rather than to grant new or expanded authority.
In our proposed revision, we have added economic sciences to the
listing in subsection (b).
This section would assure that the data gathered and presented in the
Assessment and Resource Program are made available to the States for use
in their land use planning efforts. Our proposed revision includes this
section with some clarifying amendments.
This section provides for public participation in the preparation of
the Assessment and Resource Program and review by Congress. It would
also require the Secretary to promulgate regulations governing public
participation. ++EP++ % %
% %
In our proposed version, we have deleted the formal requirement for
regulations in subsection (a). Regulations could still be utilized, but
other means for outlining procedures for public participation may be
more appropriate.
Subsection (b) establishes the schedule by which the Secretary would
prepare the Assessment and Program. As covered in our discussion of
section 4, we suggest that the Assessment and Resource Program be
transmitted to the Congress at not less than ten year intervals.
Subsection (c) would provide that the statement of policy adopted by
the Congress would be a "guide" to the President in forming the fiscal
budgets. To assure Presidential flexibility or revision would provide
that the statement of policy would be "considered" by the President.
Subsection (e) would require the President to qualify and quantify
the degree to which each annual budget request meets the forestry policy
set by each Congress and to justify any request which would fail to meet
such forestry goals or policy set by the Congress. Such requirements
imply that the guidelines which Congress would establish pursuant to
subsection (c) would, in fact, be restraints upon the President's
ability to develop the annual budget in a manner to reflect his judgment
of the appropriate balance among all worthy public programs. These
provisions would reduce Presidential flexibility to accommodate and
reflect economic, social, and trends and fluctuations in the annual
budget. We, therefore, recommend that subsection (e) be deleted. The
regular appropriations process allows ample opportunities. We believe
the appropriations process should continue to be relied upon as the
appropriate forum for handling budgetary questions and issues.
In our proposed revision we have included technical amendments to
subsection (f). As now phrased, this subsection would now call for
evaluation of programs authorized by the Act. Since no programs are
authorized by the Amendment, this subsection should be amended to
provide for evaluation of the component elements of the Resource
Program.
Subsection (a) would require the Secretary to determine optimum
management levels for renewable resources and authorized uses of the
National Forest System. We believe this provision is duplicative, and
unnecessary, since the Resource Program set forth in section 4 would be
an expression of various levels of management and would contain
projections and analyses of alternative levels of resource management.
Subsection (b) would set the year 2000 as the target year for
completing all backlogs of needed conservation measures on National
Forest lands. This target may not be realistic and could reduce
Presidential flexibility over a long period of time to frame annual
budgets as he judges appropriate. The goal of reducing backlogs is one
which we are striving to accomplish, but a range of circumstances
created by the economy and nature herself mitigate against fixed
targets. We, therefore, recommend that subsection (b) be deleted from
the Amendment or rephrased to give emphasis and direction without
specific target dates.
Subsection (c) would declare that a "proper system of transportation
to service the National Forest System" will aid "proper attainment of
goals ..." and that methods of financing forest roads and trails can
benefit local communities, regions, and the Nation. Under this
provision the Forest Service would be required to request each year the
full amounts available under 16 U.S.C. 501 and 23 U.S.C. 205. If the
Secretary were to request less than that amount, he would have to
reduce, by an equivalent sum, the value of roads constructed by timber
purchasers in return for reduction of the appraised price of timber.
Moreover, in using timber purchaser construction the Secretary would be
directed to consider avoiding actions which would unduly impair revenue
to counties within the National Forest System.
We recommend that subsection (c) be deleted. Its provisions would
further restrain Presidential flexibility in developing the annual
budget. The requirement that road construction by timber operators
adjusted downward when budget requests are less than the full amounts
available for forest roads and trails would hinder efforts of this
Department to operate in the most efficient manner and to assist in
reducing Federal spending and cash outlays to help fight inflation.
Moreover, it would tend to restrict our ability to use combinations of
funding procedures to construct roads and trails as authorized by the
Act of October 13, 1964 (78 Stat. 1089).
This section would require that Forest Service offices be located to
provide optimum levels of "convenient, useful services to the public."
First priority would be given to locating and maintaining offices in
rural areas.
This Department has always given emphasis to the location of USDA
facilities and personnel in rural areas. In fact, the very nature of
the mission of most USDA agencies necessitates that agency programs be
located in rural areas. For example, in the Forest Service organization
some 77 percent of agency personnel are located in rural areas in towns
with less than 50,000 population, 48 percent being located in towns of
less than 5,000 population.
However, we would like to point out that in the process of
determining the location of USDA offices, we also consider and give high
priority to such additional factors as the mix of employees skills,
economy of operation, and program effectiveness. Our proposed revision
of Amendment 641 reflects the importance of these factors as well as the
direction relating to the location of USDA offices contained in the
Rural Development Act of 1970 (84 Stat. 1383). ++EP++
SRP SENATE REPORT
731120 (PART 4 OF 5) 740221 (DEBATE DATE)
S 2296
S REP 93-0000 (REPORT TEXT EMBEDDED WITHIN A DEBATE. REPORT NUMBER
UNKNOWN.)
93RD CONG, 2ND SESS
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 91 TO 125)
COST ESTIMATES, CHANGES IN EXISTING LAW, MCSWEENEY-MCNARY ACT OF
1928, AS AMENDED (PAGE 9)
% %
% %
In accordance with Section 252 of the Legislative Reorganization Act
of 1970, the following are the estimates of the costs that would be
incurred in carrying our the provisions of the bill. These estimates
were recived from the U.S. Department of Agriculture.
The cost for this legislation is composed of two parts,
1. The costs associated with preparation of the Assistment, Program
inventories and associated with the public meetings necessary to produce
the basis for setting policy.
2. The "cost" to operate the policy that will be later enunciated.
Estimates of the Forest Service Additional Average Annual Positions of
Civilian Employment Fund Requirements for New Programs authorized by S.
2295 are as follows,
The man years and cost estimates listed the surveys as set forth in
Section 3(b) above are those associated with expanding of S. 2296. The
current annual authorization for the surveys is $5 million. Present
managers involved in the surveys total 131.
The provisions of the bill do not create other new authority for the
Forest Service; thus it's immediate impact will not be to add new
program cost. However, the budgetary review process and program
evaulation process, especially those set forth in subsections (f)
through (i) of Section 8, will provide more effective measures of costs
and benefits direct and indirect for courses of action. The bill thus
contains useful safeguards that force critical review and reporting and
thus continual program improvement.
In compliance with subsection (4) of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill, as reported are
shown as follows (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italics, existing law in which
no change is proposed is shown in roman),
(Sec. 9. The Secretary of Agriculture is authorized and directed,
under such plans as he may determine to be fair and equitable, to
cooperate with appropriate officials of each State, Territory or
possession of the United States, and either through them or directly
with private and other agencies, in making and keeping current a
comprehensive survey of the present and prospective requirements for
timber and other forest products in the United States and its
Territories and possessions, and of timber supplies, including a
determination of the present and potential productivity of forest land
therein, and of such other facts as may be necessary in the
determination of ways and means to balance the timber budget of the
United States. There is authorized to be appropriated, out of any money
in the Treasury not otherwise appropriated, not to exceed $1,000,000
annually to complete the initial survey authorized by this section:
Provided, That the total appropriation of Federal funds under this
section to complete the initial survey shall not exceed $11,000,000.
There is additionally authorized to be appropriated not to exceed
$5,000,000 monthly to keep the survey current.
"The Secretary of Agriculture is hereby authorized and directed to
make and keep current a comprehensive survey and analysis of the present
and prospective conditions of and requirements for the renewable
resources of the forest and rangelands of the United States, its
territories and possessions, and of the supplies of such renewable
resources, including a determination of the present and potential
productivity of the land, and of such other facts as may necessary and
useful in the determination of ways and means needed to balance the
demand for and supply of these renewable resources, benefits and will be
meeting the needs of the people of the United States.
ILLEGIBLE LINES with appropriate officials of each State territory
ILLEGIBLE LINES to be appropriate such sums as may be necessary to
carry out the purposes of this section.'" ++EP++
SRP SENATE REPORT
731120 (PART 5 OF 5) 740221 (DEBATE DATE)
S 2296
S REP 93-0000 (REPORT TEXT EMBEDDED WITHIN A DEBATE. REPORT NUMBER
UNKNOWN.)
93RD CONG, 2ND SESS
FOREST AND RANGELAND ENVIRONMENTAL MANAGEMENT ACT OF 1974 (PAGES 1 TO
11)
COMPILATION OF THE FOREST AND RANGELAND RENEWABLE RESOURCES ACT OF
1974 (PAGES 91 TO 125)
SUMMARY OF VIEWS OF VARIOUS WITNESSES ON S 2296 AT NOVEMBER 20, 1973,
HEARING BY THE SUBCOMMITTEE ON ENVIRONMENT, SOIL CONSERVATION AND
FORESTRY, SENATE COMMITTEE ON AGRICULTURE (PAGES 9 TO 11)
% %
% %
1. Senator Pete V. Domenici, New Mexico, "The Forest and Rangeland
Environmental Act of 1973 provides a sensible way to put this nation's
long-neglected forest management house in order. It further provides
that this will be done within the framework of statutory environmental
safeguards and in harmony with the laws governing the administration
++EP++ of the national forests. % %
% %
All use of the forest are addressed with the goal of providing more
of the things that people need and want and at the same time enhancing
the basic resource. As this Act provides, this can be done through
budget procedures that tie funds to needs in a realistic, goal-oriented
manner. The nation can ill-afford to neglect its forest any longer.
Future opportunities to cure this past neglect will be at the tragic
expense of foregone benefits which could have added so much to the
quality of our lives and our environment."
Richard E. McArdie, former chief, U.S. Forest Service under President
Eisenhower,
"This is a good bill. If I were still Chief of the Forest Service
this bill, if enacted, would be exceedingly helpful to me.
"In 1959 and again in 1961 the Forest Service tried to do something
comparable to what is envisioned by S. 2296. To bring more order to the
budgeting process we spent considerable time formulating a program for
development of the national forests with long-range goals and specific
plans for the decade immediately ahead. After Administration approval
the plan was presented to Congress.
"This plan for orderly resource management worked well for one year.
Thereafter it was ignored by those in charge of the budget-making
process. There was no requirement that obliged the budget people to
consider the plan. S. 2296 would overcome this reason for failure ten
years ago.
"I was never in a position to know all the many considerations that
must enter into making a national budget. I can, however, speak with
considerable knowledge of what effect the end result of the present
budget-making process has on orderly management of the nation's natural
resources. The end result of the present system is belter-skelter
management of natural resources.
"With respect to management of forest and range resources S. 2296
will bring order into the budget-making process. There is no requirement
that programs developed as a result of S. 2296 be carried out but there
is a requirement that an explanation be given for not carrying out
programs that Congress has approved. At the hearings the suggestion was
made that this requirement for explanation be made more flexible. If
this is done you may as well toss S. 2296 out the window because you
will be back to where I was in 1961. This requirement is the heart of S.
2296. I urge you to keep it and thereby recapture some of the control
that Congress has lost."
3. Larry E Naske, National Association of Counties. "The Board of
Directors of NACo's Western Region District at its recent meeting,
endorsed in principle the "Forest and Rangeland Environmental Management
Act of 1973" (S. 2296) that is now before your Committee.
"...The Board of Directors asked me to convey to you their concern
that your Committee retain language in the legislation which would call
for the full authorizations and appropriations for roads and trails in
the annual budget of the Forest Service. The language in the present
bill will go a long way toward insuring such full authorization and
appropriation."
4. Spencer M. Smith, Jr., Citizens Committee on Natural Resources:
"We interpret this legislation to be something that would provide a long
range frame of reference for establishing criteria for practices...a
method of planning and procedure, if you will, rather than dealing with
the nuts and bolts of a day-to-day operation. If this measure is enacted
into law, it would appear to be most difficult, perhaps impossible, for
any Administration to direct an increase in the allowable cut on the
National Forests without consideration for the practices that would be
required to maintain sound conservation policies nor to consider the
possible adverse effects upon other users of the National Forests.
"The subject of this legislation is to provide a frame of reference
and a basis for developing a long-range program. The new ingredient
which makes it attractive to many of us is to put a price tag on these
items and then try to provide some followup to find out whether these
assessments can be carried out and what they will cost. We would not
have the situation which we have been in several times where people who
want certain services in the national forests cannot get them because
they cannot get the money.
"All I know is we have no mechanism at the present time for
evaluating a decision. And I think what we are talking about here is the
need to create the kind of mechanism that will allow us to come up and
analytically determine whether monetary policy, fiscal policy,
international trade or our own resource base ought to prevail in such a
situation. But right now we do not have a criteria by which we can make
these kinds of determinations. This is what I think the bill is all
about."
In regard to the problem of financing road construction, he said:
"We feel that Section 9(c) properly addresses itself to this problem and
affords an effective solution."
5. Daniel A. Poole, Wildlife Management Institute, "(The Institute)
endorses and supports the objectives of S. 2296 as they pertain to the
national forest system. We are pleased that a proposal with this thrust
has emerged at a time when there is so much misunderstanding about
timber supply and cutting practices on national forests and private
lands. In our view, the central issue at this point in time is the
urgent necessity to achieve and maintain balance in the national forest
management program. Arguments over such issues as clear cutting, log
exports, and all the rest are indicative of the current imbalance in the
national forest program. But to attempt to react to each of these issues
on an individual basis in the absence of a comprehensive game plan for
the national forests is to do a disservice to the overall public
interest in this immensely valuable estate."
6. Thomas L. Kimball, National Wildlife Federation: "The National
Wildlife Federation is favorably inclined toward legislation which has
as its objective the attainment of adequately-funded,
environmentally-balanced multiple use, sustained yield management
programs for national forests. Since the principles embodied in S. 2296
are conservationally sound and because the bill's general thrust is to
enhance balanced multiple-use management of national forests, the
Federation supports S. 2296 and urges its early passage."
7. William E. Towell, American Forestry Association,
"... Currently, we are seeking ways to achieve better balanced use
and higher funding for all forests of America S. 2296 is one of several
bills before the Congress that might help achieve these objectives. We
support it in principle, if not in every detail...."
Questioning by Senator Huddleston brought out these points,
Mr. TOWELL. "...I certainly share with Senator Bellmon -- his real
concern for getting rid of the backlog of planting that needs to be done
and also with my friend Ed Moore who just testified on the importance of
accelerating the planting backlog on the national forests in particular.
This is almost a disgrace that our public forests that are in need of
the reforestation may be 50 years in catching up, and I think that the
Federal Government should demonstrate to private forests and industrial
forests some real leadership here by getting these lands at least into
ultimate maximum production...."
Senator HUDDLESTON. "Do you see any great difficulty in the way the
bill is structured in arriving at a general consensus by all parties
that have varying interests in the forests and the use of the forests as
to what the national policy ought to be?"
Mr. TOWELL. "No. You mean the procedure by which the national policy
is determined?"
Senator HUDDLESTON. "Any chance that the way it is structured now, it
might result in an imbalance of the multiple use?"
Mr. TOWELL. "No, I do not think it will. As I indicated to begin
with, I do not think this would have been necessary if we had been able
to achieve this through the normal appropriation funding processes, but
apparently we have not, so from that standpoint I support the objectives
of the bill of formulating a policy in the Congress by involving the
public, getting public input into that policy, and then getting the
administration either to implement that policy or to justify its reason
for not implementing it."
8. Hugh B. Johnson, American Institute of Architects: "We support
Senator Humphrey's Amendment 641, which is in the nature of a substitute
to S. 2296. However, we must qualify our endorsement by stating our
belief that this legislation is only a beginning in the development of a
comprehensive national forest management program. We strongly believe
that a comprehensive forest management program that is truly national in
its scope is essential if our country's lumber supply is to be increased
without degradation of the natural environment of our forests. To
achieve this type of a national comprehensive program, we must go beyond
the scope of this bill and the forestry incentives program authorized by
the Congress earlier this year in P.L. 93-86. We must also provide
within our program for better management of the millions of acres of
federally-owned forest land not in the national forests. We must
encourage the efficient utilization of all privately-held forest lands,
the large tracts as well as the small."
9. John F. Hall, National Forest Products Association. Mr. Hall
testified in support of the bill but suggested two amendments, "We are
glad to join with the administration and some of the conservation
resource organizations in support of this legislation. We think it is a
tremendous first step in helping to develop the undeveloped potential of
the national forests, not only for timber but for wildlife, watershed,
recreation, and other uses. The funding for national forests activities
so far has been grossly inadequate, and as you pointed out in your
opening remarks, the separate consideration of each resource activity
has resulted in controversies and stress which could be avoided with a
coordinated plan developed by the administration and considered by the
Congress for these lands.
"As you pointed out, as was recognized the problem here has been the
deferment from year to year of large capital expenditures, and while it
appared to have little impact if the capital expenditures were deferred
one year, it is the culmination of those deferrals for 20 years or more
which we are now having difficulties with.
"...The first requisite towards realizing the full potential of the
National Forest System is a comprehensive and coordinated plan of
development. In order for such a plan to be effective it should be
specified by statute. This should occur after scrutiny by Congress forms
the basis for goals and policies for use in the annual
budgetary-appropriation process. S. 2296 would accomplish this
objective. . . ."
10. J. E. Moore, American Pulpwood Association, "... On behalf of the
American Pulpwood Association I want to express our support of The
Forest and Rangeland Environmental Management Act of 1973 (S. 2296). We
feel that it is progressive legislation ..." ++EP++ "... Federally owned
forests should serve as an example and this bill, if enacted into law,
will help them set that example.
11. W. D. Hagenstein, Industrial Forestry Association: "... We are
very encouraged by the obvious strong support for S. 2296 as evidenced
by its co-sponsorship by many of the leading members of the Senate. We
are here today to support it in principle as a long overdue redirection
and remotivation of the U.S. Forest Service which has the great
responsibility for managing the National Forest System for its
citizen-stockholders...."
". . . Rehabilitation of idle land; better protection against
insects, disease and fire, salvage of dead and dying timber before its
lost to use; better access; prompt reforestation after harvest;
precommercial and commercial thinning; tree improvement through
genetics; fertilization; closer utilization are all practices the
Forest Service has learned from its 50-year half billion dollar
research. Now is the time to apply that research to America's strongest
single forest land ownership -- the national forests. S. 2296 will help
do it. We urge that you report it out and get your colleagues in the
Senate to start the New Year with a new national forest outlook and
program for the future. Our national forests can and should provide
their owners -- all of us -- with more jobs, more timber, more grass,
more wildlife, more recreation, more water, more support for local
government. Give the Forest Service the green light, Gentlemen, and it
will perform. Keep it red and it won't."
12. George A. Craig, Western Timber Association, "We applaud this
effort to get a continuing program of investment and management for all
of the resources in the National Forest System. It has much merit and is
long overdue. The General Accounting Office, the President's Advisory
Panel on Timber and the Environment, and the Forest Service (with its
recent comprehensive report 'Outlook for Timber in The United States')
have all recently reported substantial national needs for products and
services from the National Forests and opportunities to meet such needs
through proper investment and management."
13. John B. Veach, Jr., Appalachian Hardwood Manufactures, Inc.:
"AHMI is a trade association representing the manufacturers of hardwood
lumber throughout the Appalachian Regions. AHMI believes that S. 2296 is
constructive legislation which can; (1) advance the development of the
National Forests and, (2) stimulate cooperative programs to increase
productivity of forest lands in small private ownerships." "...
Consideration of the needs for development of forest resources and uses
other than timber production as provided in S. 2296 is sound and
constructive. Hardwood timber production is entirely compatible with
wildlife, recreation and watershed management. The more intensive the
consideration of the management, needs of these other resources, the
more readily our hardwood timber cultural activities be coordinated with
them."
Mr. Veach also stated. "I think Mr Humphrey was correct, too, when he
said that he thought the moment of truth had arrived and that we need to
find out where we are. We need to find out where we are going. We need
to make plans as to how we are going to get there. And then, and this is
very important, we need to implement those plans and actually do
something about them."
14. Arnold D. Ewing, Northwest Timber Association: "I do support the
basic concept of the bill...."
"The general concept of the bill in requiring the Forest Service to
establish goals and report periodically on their accomplishments towards
these goals is excellent. "It is also gratifying that this bill under
section 2(b) recognizes proper levels of funding are essential for
achieving optimum potential resource benefits."
15. Joseph McCracken, Western Forest Industries Association: "Our
association has concerned itself for a long time with those crucial
questions of national forest policy addressed by Senator Humphrey's
amendment. While there were a number of provisions in the original S.
2296 that we felt were contrary to the national goal of increased timber
production on a sound environmental basis, we are pleased that the
substitute language embodied in Amendment No. 641 has apparently
overcome most of those problems." ++EP++