H.Res. 457
Waiving points of order against the conference report to accompany the bill (H.R. 1904) to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to plan and conduct hazardous fuels reduction projects on National Forest System Lands and Bureau of Land Management lands aimed at protecting communities, watersheds, and certain other at-risk lands from catastrophic wildfire, to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape, and for other purposes.
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Motion to reconsider laid on the table Agreed to without objection.
November 21, 2003 • 10:37 AM
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Introduced in House
November 20, 2003
The House Committee on Rules reported an original measure, H. Rept. 108-388, by Mr. Hastings (WA).
November 20, 2003
All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read.
November 20, 2003 • 10:24 PM
Placed on the House Calendar, Calendar No. 133.
November 20, 2003
Considered as privileged matter. (consideration: CR H12113-12117)
November 21, 2003 • 10:00 AM
DEBATE - The House proceeded with one hour of debate on H. Res. 457.
November 21, 2003 • 10:01 AM
The previous question was ordered without objection.
November 21, 2003 • 10:37 AM
Passed/agreed to in House: On agreeing to the resolution Agreed to by voice vote.(text: CR H12113)
November 21, 2003 • 10:37 AM
On agreeing to the resolution Agreed to by voice vote. (text: CR H12113)
November 21, 2003 • 10:37 AM
Motion to reconsider laid on the table Agreed to without objection.
November 21, 2003 • 10:37 AM
Floor Debate
20 membersWhat members said about H.Res. 457 on the floor
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Floor Debate
20 membersWhat members said about H.Res. 457 on the floor
Mr. Speaker, I respectfully demand one-third of the time under clause 8 of rule XXII. Mr. Speaker, I yield myself such time as I may consume. (Mr. INSLEE asked and was given permission to revise and…
Mr. Speaker, I respectfully demand one-third of the time under clause 8 of rule XXII.
Mr. Speaker, I yield myself such time as I may consume.
(Mr. INSLEE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, it is abundantly clear to all of us of all political persuasions and parts of the country that we need a vigorous, well-funded, well-prioritized hazardous fuels reduction program in our national forests.
The Nation needs that because of a ``perfect storm,'' if I may use that term, of enormous changes in our climate which have led to drought, particularly in the western United States, leaving the most explosive conditions due to the lack of moisture in over 100 years and because of our misguided and mutually ignorant policy over the last several decades, if not century, of suppressing all fire, thereby allowing certain additional density to increase. All of us know we need a well-prioritized, well-funded, well-defined hazardous fuels reduction program.
But I, regretfully, cannot support this bill because it fails in several fundamental ways. It fails to prioritize the taxpayers' dollars where they ought to be prioritized which is the protect of human health and property first. It fails to protect our most treasured crown jewels in our Forest Service of our roadless areas, which I have to tell the Members in the part of the world where I come from, we treasure the roadless areas on our weekends and afternoons. It is part of our culture and our families, and they are unprotected in this bill. Third, it fails to adequately solve the problem as to why we cannot get these programs completed, which is money, and I will come back to that. We today change the law, but not the appropriations that we need to get this job done.
Let me start with a failure to prioritize in this bill. If I may, this ought to be job one for the U.S. Congress when it comes to hazardous fuels reduction. Job one for the U.S. Congress ought to be protecting, with a protective buffer, the homes and towns and cabins and barns in our thousands of acres from voracious forest fire, and this bill does not follow a fundamental precept that when we have got job one and when we have got limited dollars, we prioritize. To govern is to choose, and this bill consciously chose not to give the majority of funds in this program to protect these areas with moats, if I may, to protect them from this horrendous fire. And we have seen what happens in California when that occurs. And it ought to be a totally unanimous agreement here that the majority of our funds in our program ought to be directed to the areas around our towns and cities rather than spent up in Timbuktu harvesting commercial lumber.
We have seen that they split the baby 50/50, but spliting the baby 50/50 is not always right nor is it fair, and I will tell my colleagues why. This conference report says 50 percent of this money will go to the Wildland-Urban Interface. It will not do to tell people in this community that we have saved half their houses, and we have sacrificed the other half to the demands of those who want to continue commercial logging in our roadless areas. We failed in our duty to prioritize our precious dollars where they belong, and we have offered a modest amendment to improve that in the conference committee which were rejected out of hand.
And let me tell the Members why this prioritization is so important. Of the dollars we have spent next year, if we double the amount that has been appropriated by the majority party, whom I respect, and I respect their positions on this bill, but if we even double the amount that was spent in the last 3 years, we will still only do 2 to 3, maybe 4 percent of the acreage of the millions of acres that need to be treated. We have to prioritize. This bill did not do it.
The second thing this bill did not do, it did not protect our roadless areas. We have 58 million acres of roadless areas which are the crown jewels of our national forest, which are pristine, and everyone loves the trees in our roadless areas. The problem is some of them love them vertically and some of them like them horizontally. This bill does not protect our roadless areas from the ones who want to do commercial logging so that they will be horizontal. It does not protect them one wit in those roadless areas, and that is most discomforting, and I will tell the Members why. We should have been able to fashion a unanimous way to protect those roadless areas. Let me just suggest one way to do it. I offered an amendment in the conference committee that would simply say that if we have to, if there is some terrible disease- ridden patch in the roadless area that we have to build a road to get to it, to do an emergency program that would be allowed under this bill, okay; but let us at least restore the road after the project is completed to its original topography. How can anyone object to that? How could anyone object to that precept? If we are building a road in a roadless area to do a hazardous fuels reduction program, when we are done with the program, why not put the road back in its natural topography. Who could object to it? I will tell the Members who does object to it. The timber industry who wants to use these roads to punch them into the heart of our most virginal forests and then make them available for commercial harvest, and we do not need to do that to accomplish our ends here, and it is regrettable we did not solve that problem.
The third thing that this bill does not do, it does not cut to the heart of the problem. This bill, its whole fundamental idea is if we just cut off those pesky environmentalists, by gum there will not be any more forest fires. I will give the Members bad news. We can outlaw environmentalists if we want to, and I see some nods. My friend over on this side of the aisle would like to do that. I take a different view. They are my constituents. They are people who like to go up and have clean water out of the roadless areas. They are people who like to go on a picnic in the roadless areas, and they know, as I do, that if all we try to do to fix this program is to cut off citizen participation,
we will not solve the problem of getting these fuels reduction programs in line, and I will tell the Members why we will not. The reason we have we are not getting the job done and giving therapy to our forests is that we have not appropriated one tenth of the money that is necessary to get this job done. It is not appeals. Come on. The GAO, in their last study, after four rounds to make sure they got it right, said that 92 percent of all of these fuels reduction projects go lickity-split right through the process without any problems and only 3 percent of them were litigated. Ninety-seven percent of these projects go through without litigation. So why have we not cut the mustard? Why have we not done enough therapy on these forests? It is because we have not invested the money to do it. We have only invested enough money to do 2 to 3 percent, and that is not going to significantly improve in this bill. Doubling does not even cut it, even if we got the appropriation. So we are united, I think, unanimously on this floor in the belief that we need to have a strong fuels reduction program, but we cannot say that this bill will provide what the American people need to get this job done in a reasonable fashion.
The fourth, if I can, problem with this bill: It is clear that we have got to cut down a whole bunch of trees to solve this problem because they are dense, they have grown up because of our misguided fuels suppression program, and now we have got this cataclysmic fire situation. But the question is what do we cut and where? That is really the issue we need to resolve on the floor of this House. And here is a tree, a mature tree. I wish I could tell the age, marked for cutting in the fuels reduction program. There is no reason to cut that tree except for commercial purposes. We needed to develop a firm definition, so that the Forest Service can use it to determine what trees to cut, and it would have been easier if we provided them adequate money to do it, so they do not have an incentive to log bigger trees to generate money for this program. But we did not do it, because the appropriations process did not cut the mustard. So we have a problem that we have not given adequate definition of what to cut and where.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Hinchey).
Mr. Speaker, I yield 2 minutes to the gentleman from New Mexico (Mr. Udall).
(Mr. UDALL of New Mexico asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I will be closing, so when the appropriate order comes, I will take my turn.
Mr. Speaker, how much time do I have remaining?
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I commend all of the people who have worked on this bill. There are a lot of technical and difficult issues trying to fashion a hazardous fuels reduction program. And I am unable to support this and I hope my colleagues will join me and the Sierra Club and the League of Conservation Voters and other main-line commonsense groups who have committed their lives to protecting our national forests in defeating this bill and moving on to a better one, and I hope that my colleagues will join me.
Underlying that position is the basic belief that the medicine that we are providing here is both inadequate and misguided. It is misguided because it is based on a myth; and that myth rising to an urban legend is that these fires have consumed thousands of acres because people have questioned what some government officials have done, and that is an abject falsehood.
The GAO report shows that 92 percent of these projects go ahead unimpeded. In California, you know why the California projects did not get done? It was not environmental project appeals. In the last 3 years, there has not been one hazardous fuel reduction program that held up national forests in Southern California the last 3 years. The reason some of this work did not get done is Uncle Sam, us, did not appropriate enough money for California to do the job. The State of California asked for $430 million last April to solve this problem. And what did Uncle Sam do in the Bush administration? They did not give it to them. And the fires occurred.
This is a failure of appropriations, not a failure because certain citizens once in a blue moon have the temerity to stand up on their back legs and question decisions by the Forest Service to do disguised commercial logging which has on occasion happened, thankfully not very often. Maybe 2 percent of the time. We are not doing enough to really solve this problem.
What we have done is in one of the most serious reductions of citizens' ability to question their government is reduce the ability to have their oversight of our Federal officials.
Now, it is kind of a conservative position to be rightfully sometimes distrustful of our Federal officials. Now, I have got to say there have been occasions, thankfully few, where these projects have been disguised timber sales. And the reason is because we are not appropriating enough to the Forest Service to do their job. And when that has happened, less than three pearls of the time there has been a brief appeal of that decision, and most frequently these things get worked out. But until we increase tenfold our appropriations, we are not going to cut the mustard in this program.
Now, let me mention something else, too. We have not talked about what the real debate is about here. The debate is as much about roads as it is about forests, because the real issue here is where we are going to build roads. We have 440,000 miles of Forest Service roads in our forests, 440,000 miles. They are falling apart, and we ought to be putting our money in and fixing those roads before we punch new roads into roadless areas.
Let me put this into real-life perspective. Take a couple in northeast Washington who is not getting adequately protected by this bill. Their house is surrounded by pine trees in the national forest. We have not prioritized those pine forests around their home for treatment like we should have in this bill. We did not do it. Now, when that couple leaves their home to drive over to the Olympic Peninsula to the Jupiter Ridge Roadless Area, if they hike out to a nice little picnic spot, they will find two trees. They are about maybe 6, 7, 8 feet in diameter, cedars, right next to each other. We call them Jefferson and Washington.
In this bill, neither protects that couple in their home surrounded by the pine forest, nor the two trees they go to visit in the roadless area.
Their home is not protected from fire adequately, and those two trees are not protected from chainsaws adequately in this bill.
It is my hope that this bill will be defeated and we will come back and make some very modest but important improvements on it to solve both of those problems.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I compliment the gentleman from Washington (Mr. Inslee) for his management of this bill. Let me just talk a little bit about the judicial review test here, because I think that we are…
Mr. Speaker, I compliment the gentleman from Washington (Mr. Inslee) for his management of this bill. Let me just talk a little bit about the judicial review test here, because I think that we are embarking on new ground. When we put in a test that talks about short-term and long-term, really what we are ending up doing is saying that if you cut down the whole forest and it is okay in 100 years, then that is all right. I mean, that is the kind of test that we are putting into this piece of legislation. We do not know what that means. And so we are encroaching into the judicial arena, trying to tell the courts what to do. This is a new test. It is a new standard. It has never been used before.
And what is going to happen? We hear all the talk about lawsuits and litigation from this side of the aisle. Guess what, folks? This is going to be a lawyers employment bill. If there is anything that is going to come out of this, it is going to be more litigation, it is going to be more billable time, it is going to be more lawyers involved in this process. And I think what is going to happen further, if we allow this to happen, if we allow this to happen, we are going to see this appear across the board in other areas, workers' rights, OSHA, any place where Federal agency decision-making is going on, this is going to be imposed on the Federal courts. And I think that is why the committees that supervise in the Congress judicial review have such a hard time with this provision.
With that, I would just urge my colleagues to vote against this bill.
The recent firestorm in Southern California acted to once again remind us of the gravity of rampant wildfires in the west. However, this issue is of such great importance that I am extremely concerned about, and strongly object to, the manner that this legislation was brought before us today.
You may recall that the Committee Print of the Healthy Forests Restoration Act was released to the members of the Resources Committee during a recess period, on the Friday afternoon before it was scheduled to be marked up in Resources committee, a few days later.
Similarly, we are called upon today to vote on the Healthy Forests Conference Committee report. This report was just released yesterday. It is my understanding that the rules for the House call for a minimum of 3 days of review of a conference report before it is voted upon.
So, in what now seems to be standard operating procedure of the House, we have barely had twenty-four hours, if that, to read and digest its contents. One day is hardly sufficient to allow all Members to carefully and thoughtfully consider this vital legislation.
I would like to point out that H.R. 1904 was not the sole option available for our protection from wildfire devastation. Mr. Udall of Colorado and I introduced H.R. 1042, the Forest Restoration and Fire Risk Reduction Act.
Had we had an opportunity to hold hearings on our bill, Mr. Udall and I would have been able to formally raise some of the issues that I view are not adequately addressed in H.R. 1904 or the conference report, but that are critically important to wildlife prevention and protection.
Our bill would place greater emphasis on protection of the ``wildland/urban interface'' without imposing the unprecedented deadlines and standards for injunctive relief on the Federal judiciary, and without emasculating our environmental laws that are present in both H.R. 1904 and the Report.
While the results of the conference are better than the version passed by the House, the provisions that I view to be most controversial remain in the text. The agreement places a greater emphasis on thinning forests very close to communities, but, like the House bill, it significantly limits environmental reviews of forest thinning projects and insect infestation field research projects.
I reemphasize that I believe that we must conduct thinning projects to help reduce the likelihood of unusually severe fires. However, I do not support the contention that to facilitate such projects we need to expunge our environmental laws and procedures for public comment and participation.
The limits placed on fire-risk reduction projects from environmental review and administrative appeals, especially in the wildland
urban interface, in effect constrain the provisions of the National Environmental Policy Act. Furthermore, denying the public the full and fair opportunity to have viable alternatives to agency action considered circumvents established policy of public participation.
Such participation is an important aspect of our democratic process for making decisions affecting public lands. Limiting public comment and ignoring the provisions of NEPA and other laws designed to protect our environment does not assist in developing sound forest management.
I believe, however, that the conference report is a better bill than the version passed by the House. The Report contains specific provisions to protect the wildland urban interface. Furthermore, the report authorizes tribal watershed management programs for Indian tribes, an issue that I have strongly advocated for since we began working on this legislation in the 107th Congress.
Nonetheless, I am afraid that this legislation is just another assault by the Bush Administration on our Nation's forests. Most of the attacks over the last year have been below the radar--in arcane rules, stealth riders and misnamed legislation. In this many-fronted assault, big timber is the winner.
Under the guise of buzz words such as forest health, catastrophic- wildfire prevention and streamlining, the Administration's initiatives transform forest policy in ways that are staggering in their scope as well as in their implications for democracy.
The changes revamp laws fundamental to sound forest management, including the National Forest Management Act, the Appeals Reform Act and NEPA. The cumulative effect of these changes is to undermine or eliminate open decisionmaking, agency accountability, resource protection and recourse in the courts.
It began in December 2002, when the Administration proposed a forest- planning regulation that renders public involvement virtually meaningless. The rule ignores scientific involvement, eliminates fish and wildlife protection, and fails to protect roadless areas.
It skews the planning process to favor logging, mining and off-road vehicle use. It renders plan standards more discretionary, further reducing agency accountability. Most shocking, the final rule, due out imminently, exempts forest plans from environmental analysis and eliminates the opportunity for the public to appeal the final plan.
The Forest Service assured critics that it would undertake in-depth environmental studies when specific logging projects were proposed. Not so.
In June 2003, the Administration abolished environmental review of logging done in the name of ``hazardous fuels reduction'' on up to 1,000 acres of land as well as post-fire rehabilitation projects on up to 4,200 acres.
One month later, the Administration carved out more loopholes for National Environmental Policy Act exemptions for commercial logging by setting acreage limits of 70 acres for timber sales and 250 acres for salvage sales. These projects have few, if any, meaningful constraints.
For example, the projects must be ``consistent'' with local forest plans. Yet, under the soon-to-be final planning regulations, forest plans can be amended simply by changing the plan on an interim basis with no public notice.
Under the banner of hazardous fuels reductions, large-scale, intensive commercial logging projects may take place virtually anywhere in our forests, regardless of forest type or tree size. In effect, the conference report allows logging and associated road building with limited environmental analysis, administrative appeals, judicial review and public involvement.
The Appeals Reform Act of 1992 gave citizens a statutory right of appeal after the Forest Service tried to eliminate appeals on timber sales. Although billed as part of the ``Healthy Forests Initiative,'' changes to these regulations significantly curtail rights to appeal a broad range of timber sales and land management decisions--not just those pertaining to fire risk.
H.R. 1904 sets no time frames for appeal, no required stay of action provision during the appeal, and no guaranteed right to appeal. Instead, the Forest Service would have 30 days after enactment of this legislation to develop the new administrative appeals process.
This legislation also pushes citizens out of the picture. In addition to altering the intentions of the Appeals Reform Act, H.R. 1904 reduces environmental review on logging projects not already given a wholesale exemption and severely restricts opportunities for public involvement.
Furthermore, it encroaches upon the courts' ability to review the legality of logging projects almost anywhere on our publicly owned forests, including roadless areas and old growth. If bug and disease- control are the purported reasons for logging, projects up to 1,000 acres will bypass all environmental review and appeals.
With millions of dollars authorized in the act for any hazardous fuels project on public lands, logging without laws can proceed throughout the backcountry.
The synergistic effects of these radical rollbacks are breathtaking. I predict that the assault will only foment more controversy and stimulate more distrust of the Forest Service for years to come.
I urge my colleagues to vote ``no.''
Mr. Speaker, pursuant to House Resolution 457, I call up the conference report on the bill (H.R. 1904) to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to…
Mr. Speaker, pursuant to House Resolution 457, I call up the conference report on the bill (H.R. 1904) to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to plan and conduct hazardous fuels reduction projects on National Forest System lands and Bureau of Land Management lands aimed at protecting communities, watersheds, and certain other at-risk lands from catastrophic wildfire, to enhance efforts to protect watersheds and
address threats to forest and rangeland health, including catastrophic wildfire, across the landscape, and for other purposes.
Mr. Speaker, I ask unanimous consent that the gentleman from California (Mr. Pombo), chairman of the Committee on Resources, be recognized for 10 minutes for the purposes of controlling debate.
Mr. Speaker, I yield myself such time as I may consume.
Today, we are finally able to bring the Healthy Forests Restoration Act, H.R. 1904, for a vote. In spite of a severely flawed process to arrive at this point, we have driven a hard bargain, and we have got a bill that the President will sign. I believe it will make a difference on the ground, but it is only a first step towards fixing what is wrong with the management of our public lands.
I worked with two other distinguished full committee chairmen, the gentleman from California (Mr. Pombo) of the Committee on Resources and the gentleman from Wisconsin (Mr. Sensenbrenner) of the Committee on the Judiciary, to craft a bipartisan bill that passed earlier this year by an overwhelming, and bipartisan, majority. I also want to note the outstanding efforts of my counterpart in the other Chamber, Agriculture Committee Chairman Cochran, and our distinguished ranking member, the gentleman from Texas (Mr. Stenholm), for their efforts.
This bill seeks to address the issues that have tied the hands of our forest managers: National Environmental Policy Act analysis that drags on for months, administrative appeals that spring up at the last minute, and court actions that stall projects for so long that areas proposed for treatment frequently are destroyed by fires long before the judicial process concludes. The conference process has produced a bill that does not do as much as I would like to address on these issues. I understand there are many in both Chambers who would like to have seen a stronger product. But this bill creates the first real relief from bureaucratic gridlock after over 8 years of legislative effort. It sends a clear signal that the Congress favors results over process and that protecting our communities, our watersheds, and our people is more important than producing mountains of paperwork.
There are over 190 million acres of forests and rangelands which remain at risk of catastrophic wildfires, insect and disease, a landmass larger than New England. Our bill takes the modest step of addressing the hazardous conditions on only 20 million acres of this total. This bill also takes an innovative approach to forest health on private lands, creating new nonregulatory, incentive-based approaches to promote conservation on private lands. In short, it takes a national approach to a national problem.
H.R. 1904 has enjoyed broad support from groups such as the Society of American Foresters, the National Volunteer Fire Council, the International Association of Fire Chiefs and others. Professional wildlife managers, sportsmen, and serious conservation groups all support this bill.
We as a Congress have more work to do to perfect our forest management laws. Forest fires are a symptom of a land management system that suffers from procedural, managerial, and practical gridlock. Our forest management laws, environmental laws, and procedural laws do not work well together. They create a process that only highly trained legal minds can comprehend; and while claiming to encourage citizen participation, they often achieve just the opposite. So we need to do more, but we should be proud of what we are doing today. We are taking a bipartisan step toward better management of our forests. We are saying that protecting our communities, our watersheds, and our people comes before protecting the dilatory tactics of those who oppose any type of sensible land management.
I applaud President Bush for helping to bring this about. We would not be on the verge of passing this bill without his leadership. I hope he continues to exert leadership in this field to ensure that the Federal land managers act aggressively to implement this program as quickly as possible. I will do my utmost to ensure that bureaucratic inaction does not delay implementation. I urge my colleagues to support this conference report.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr. Gutknecht), chairman of the Department Operations, Oversight, Nutrition, and Forestry Subcommittee of the House Committee on Agriculture.
Mr. Speaker, I yield 1 minute to the gentleman from Montana (Mr. Rehberg).
Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr. Burns).
Mr. Speaker, I yield 1 minute to the gentlewoman from Colorado (Mrs. Musgrave).
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I will clarify a point that the gentleman from Texas (Mr. Stenholm) is interested in. Let me state that the projects authorized by title IV are primarily scientific efforts, and scientific methods should be the primary means of assessing them. While we encourage multiparty monitoring, it is not our intent to require it, particularly for projects conducted under title IV.
Mr. Speaker, I yield myself such time as I may consume.
Let me start by thanking the gentleman from Texas (Mr. Stenholm) for yielding me 2 additional minutes for this close, but more importantly for the very cooperative way in which the House Committee on Agriculture has produced this legislation. This is truly the example of why this bill will pass by an overwhelming margin here today.
It passed out of the House Committee on Agriculture originally on a voice vote; and when it came to the floor, I believe, 19 of the 24 Democrats on the committee, Members who represent rural areas, Members who represent areas that are forests, voted for this legislation, nearly 80 percent.
Had we had that kind of support elsewhere in the Congress, this legislation would have been adopted a long time ago. It has been 8 years that we have been working on it. And I would have to say to the gentleman from Washington State (Mr. Inslee) that if we were not to pass this conference report, not to send it to the President, we would be working on this for many more years. We would see more years like this year where 6\1/2\ million acres of forest land in this country were burned to the ground.
That is what we are faced with. That is why we need to begin this first step of solving this problem by giving the Forest Service the tools that it needs.
It is absolutely incorrect that these forest fires are not related to the problems that the Forest Service is presented with. Certainly, money is a problem. Certainly, we are going to have to deal with that, but in addition, massive parts of the Western part of this country are tied up in legal cases, including the entire southern California area that is tied up over litigation related to the spotted owl. This is clearly, clearly needed to address the problems that we face across the country.
I want to thank also the gentleman from California (Mr. Pombo). He recognizes very clearly the nature of this problem, and the gentleman from Colorado (Mr. McInnis), I want to congratulate him on his leadership in bringing this bill to the floor as well. He is leaving the Congress at the end of this term, and this is his signature bill. This is his legacy in the Congress. So I commend him as well.
I also commend Members who have fought against this process like the gentleman from California (Mr. George Miller) and the gentleman from Oregon (Mr. DeFazio). They have seen the light. They understand what it takes. They understand that it is time to get about the business of solving the problem, rather than another 8 years of fighting, and I would say to those few remaining who do not understand, get on board, get this done.
Yes, there is additional work that needs to be done. Yes, we will look forward to working with them in future
Congresses, but now is the time to give the President the ability to sign a bill that will put our Forest Service to work, to get this problem underway. We will come back for additional legislation because this problem is going to persist, and this is only a beginning.
Support this conference report. It is a good one.
Mr. Speaker, on that I demand the yeas and nays.
No, Mr. Speaker, I am in favor of the conference report. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of the Healthy Forests Restoration Act…
No, Mr. Speaker, I am in favor of the conference report.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the Healthy Forests Restoration Act conference report, and I am pleased to be here on the verge of completing legislation that will give us a chance to return America's cherished forests back to a healthy landscape. For the last century, public land managers have suppressed all forms of wildfire, including natural small-scale fires that restore forest ecosystems.
The unintended result of this policy is a decades-long buildup of forest fuel, woody biomass, and dense underbrush that is as close as the next lightning strike or escaped campfire from exploding into a massive fire. In some areas, tree density has increased from 50 trees per acre to as many as 500 trees per acre, according to the Forest Service and fire ecologists. These unnaturally dense forests are a small-scale ignition away from a large-scale wildfire. These natural small-scale fires burn at the ground level and at relatively low temperatures, allowing some trees to survive and, in the process, renewing the forest.
The suppression of these natural small-scale fires, however, has resulted in an accumulation of fuel that supports catastrophic wildfires of unnatural intensity that burn hotter, spread faster and cause long-term severe environmental damage, sometimes even sterilizing the soil. America's forest ecosystems are being decimated at an alarming rate by large-scale catastrophic wildfire and massive outbreaks of disease, insect infestation, and invasive species. Federal foresters estimate that an astounding 190 million acres of land managed by the Secretary of Agriculture and the Secretary of the Interior are at unnatural risk to catastrophic wildfire. Of that, over 70 million acres are at extreme risk to catastrophic wildfire in the immediate future.
During the second year of the National Fire Plan implementation, we witnessed the second largest fire season this Nation has seen in half a century. An early widespread drought, unparalleled since the Dust Bowl of the 1930s, affected 45 percent of the country. On June 21, 2002, the national level of readiness rose to the highest level possible, 5 weeks earlier than ever before, and remained at that level for a record- setting 62 days. In fact, wildland fires burned 7.2 million acres, or nearly double the 10-year average. Colorado, Arizona and Oregon recently recorded their largest timber fires of the century. And then we saw the devastation in Southern California.
Forest ecologists, professional land managers, and many environmental groups agree, the exploding incidence of catastrophic wildfire and disease and insect infestation pose a massive threat to the health, diversity, and sustainability of America's national forests. The Nature Conservancy, one of
the world's largest and most acclaimed environmental groups, has been a leader in the environmental community in building public awareness about the environmental calamities that catastrophic wildfires cause.
Of the three factors that most influence wildland fire behavior, weather, topography and fuel, land managers can effectively affect only fuel. Unless we take a proactive approach to fuel reduction, the remaining components of the National Fire Plan, which include firefighting, rehabilitation, community assistance and research, will only continue to increase in cost. Local governments, volunteer firefighters, professional foresters, conservationists, and labor organizations agree, it is time to act to protect our forests.
Fortunately, the Healthy Forests Restoration Act addresses these concerns by giving Federal land managers the opportunity to restore our forests to a more natural balance while maintaining important environmental requirements. The conference report before us allows for authorized hazardous fuel reduction projects on Federal lands, helps communities in the wildland-urban interface prepare for wildfires, improves the NEPA analysis process, and augments public involvement and review. Additionally, the report includes titles allowing grants to use biomass, providing watershed forestry assistance, addressing insect infestation research, and establishing private forest reserves.
In closing, let me remind Members that this is not a new issue to come before the United States Congress. We have been talking about this issue for years. I remember the tremendous work done by former House Agriculture Committee chairman Bob Smith and his efforts to reach out and find a compromise, only to go down in flames because of the inability of extreme sides of this question to come together.
I am disappointed that certain Members of the House were excluded from the process that got us here today. That certainly has not been the case with the House Committee on Agriculture. I commend Chairman Goodlatte for his bipartisanship and leadership on this important issue. We all have differing opinions about the various components of the legislation before us; but in passing this legislation, we will restore America's treasured landscapes by reducing the risks of catastrophic wildfires and insect and disease infestations.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Oregon (Mr. DeFazio).
Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Stupak).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Oregon (Ms. Hooley).
Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Peterson).
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Dreier).
(Mr. DREIER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentleman from Michigan (Mr. Smith).
(Mr. SMITH of Michigan asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I ask unanimous consent to give two of my remaining minutes to the gentleman from Virginia (Mr. Goodlatte) for the purposes of closing.
Mr. Speaker, I yield myself such time as I may consume.
I will yield to the gentleman from Virginia (Mr. Goodlatte) if he would like to engage in a colloquy on monitoring.
I yield to the gentleman from Virginia.
Mr. Speaker, I will state I certainly agree with the chairman. I understand the benefit of multiparty monitoring. However, the chairman is correct in expressing that our intent with respect to projects conducted under title IV are to be scientifically conducted and multiparty monitoring is not a requirement of these projects.
Mr. Speaker, I would like to conclude by thanking all who have worked so diligently for so long to bring us to this point to where we truly have a compromise that will move our forest policy in a desirable direction.
I thank the staff, all who have worked on both sides on the aisle so diligently under somewhat trying conditions from time to time as we have had some of the internal strife that unfortunately finds its way into this House of Representatives. But that certainly has not been the case regarding
the House Committee on Agriculture, and the bipartisan support there is something that I have enjoyed and working with the chairman and the gentleman from California (Mr. Pombo) and others as we have strived to put together what is basically a good bill.
When you read the bill, much of the complaints about what we have heard today are not in the bill. If you are going to have sound forests, if you are going to have a sound forest policy, sound science, common sense has got to replace the opinions of many who have a difference of opinion regarding what is good conservation, what is good management, and how we do, in fact, manage our forests so that we do have lumber for housing and other projects.
So all in all, this is a good sound compromise worthy of overwhelming support of this body. I thank all of those who have worked on it. It certainly has been something that I personally have worked on for many, many years. I am glad to see it is getting to this point. I urge a very strong vote in favor of the project.
Mr. Speaker, I am going to vote for this conference report. It has flaws. But if its provisions are properly implemented it can help reduce the risk of severe wildfire damage that now threatens lives…
Mr. Speaker, I am going to vote for this conference report.
It has flaws. But if its provisions are properly implemented it can help reduce the risk of severe wildfire damage that now threatens lives and property in many communities in Colorado and other States--and for me that is the bottom line.
I am convinced we need to act to protect our communities and their water supplies. For that, a variety of things must be done, including working to reduce the built-up fuels that can increase the severity of the wildland fires that will periodically occur nearby.
That's why I have introduced legislation to expedite those thinning projects. It is also why last year I joined with my Colorado colleague, Representative McInnis, and other Members to develop a bill that was approved by the Resources Committee.
I voted for that bill last year, and if H.R. 1904 as it came to the House floor earlier this year had been the same as that bill, I would have voted for it again. But it wasn't the same bill, which was why I voted against it.
Instead of building on last year's work in the Resources Committee, the Resources and Agriculture Committees this year brought forth a quite different measure--one that added a long list of new provisions while omitting some of the key parts of last year's bill. As a result, it has taken much longer than I though it should have for us to reach the point of being ready to vote on a measure that has a good chance of clearing both chambers and being sent to the President for signing into law.
Because H.R. 1904 as passed by the House rejected key compromises that we worked our last year, the bill encountered more resistance in the Senate than otherwise would have been the case, and it was that much harder to shape compromises on a number of difficult points.
However, in the end the Senate passed a bill that made important improvements on the House version--and this conference report, while far from perfect, is itself a definite improvement over the legislation that I voted against earlier this year.
Let me briefly outline some of the ways in which the conference report is enough of an improvement over the House bill that I can and will vote for it today:
funding focus
Like the Senate bill, the conference report requires that at least 50 percent of all thinning-project funds be spent in the interface areas. Last year's Resources Committee bill would have required 70 percent of the money to be spent in the interface, but H.R. 1904 as passed by the House did not include any such requirement. So, the conference report is an improvement over the House bill in this area.
wildland/urban interface
I think the highest priority for fuel-reduction work needs to be on the forest lands where accumulated fuels present the most immediate risks to our communities--those within the wildland/urban interface, or the ``red zone,'' as it is called in Colorado--and to municipal water supplies. These are the places where forest conditions present the greatest risks to people's lives, health, and property, and so they should be where our finite resources--time, money, and people--are concentrated.
To properly focus on these areas, we have to properly identify them. In that regard, I had no quarrel with the provisions of H.R. 1904 as passed by the House. By referring to lands within either an ``interface'' or ``intermix'' community, it provided an appropriate limitation on the discretion of the agencies without drawing an arbitrary mileage line that would not appropriately reflect the reality that a community's exposure to the risk of wildfire depends on terrain, forest conditions, and other factors that can vary greatly from one place to another and over time.
However, proper focus also requires assured priority status for funds to carry out projects to protect communities and their water supplies. The bill reported by the Resources Committee last year required that at least 70 percent of the funds provided a for fuel-reduction purposes would have to be used for such projects--but no similar provision is included in H.R. 1904. I offered an amendment to restore the provision, and its absence was a major reason I voted against the House bill.
The Senate bill had a basic limit of one-half mile from a community's boundary, with some exceptions--if a larger area was identified in a community protection plan developed through a collaborative process; or if land near a community was steep; or if there was a geographical feature that would provide a firebreak within three-quarters of a mile, in which case the interface would go to that feature. The ``community protection plan'' provision was particularly good, in my opinion, because it did not require an arbitrary cutoff, and because it allowed both Federal and non-Federal land to be included. The rest of the definition was problematical.
The conference report improves somewhat on the Senate bill. It (1) retains the ``community protection plan'' part of the definition; (2) keeps the basic one-half mile limit; but (3) allows the interface to go to 1\1/2\ mile, if the slopes are steep or if there is a firebreak- feature within that distance and the lands are very susceptible to fire. Like the Senate bill, it
also defines the interface as including a route identified as necessary for escape from a threatened community.
I think it is well established that reducing the fuels closest to structures pays big dividends in terms of reduced fire risks. However, I do into favor defining the interface in terms of arbitrary lines on the map, because fires do not respect those lines and because our experience in Colorado has shown that some of the high-priority ``red zone'' areas are extensive. A prime example is the Hayman fire--it was among the largest in our State's history, but all of the lands involved were within the ``red zone'' as defined by our State Forester (a definition that is included in my bill, H.R. 1042).
Nonetheless, on balance, I think the conference report is acceptable on this point because of the emphasis that it puts on community- protection plans. This should encourage at-risk communities, like those along the Front Range, to develop protection plans and to encourage owners of non-Federal lands to join in working to reduce fire risks.
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Mr. Speaker, I thank my good friend and namesake, the gentleman from Washington (Mr. Hastings), for yielding me the time. Mr. Speaker, I am pleased to yield 4 minutes to the gentleman from Oregon…
Mr. Speaker, I thank my good friend and namesake, the gentleman from Washington (Mr. Hastings), for yielding me the time.
Mr. Speaker, I am pleased to yield 4 minutes to the gentleman from Oregon (Mr. DeFazio).
Mr. Speaker, I yield 4 minutes to the distinguished gentleman from California (Mr. George Miller), my good friend.
Mr. Speaker, I would like to thank the gentleman from Oregon (Mr. Walden) and the gentleman from Virginia (Mr. Goodlatte) and the ranking members. I know that they have done a serious and yoeperson's job in bringing us this far, which, while I thank them, I still have reservations, and I know the gentleman from Oregon (Mr. Walden) and I have talked about them. But that does not mean that they did not work hard.
Mr. Speaker, I yield 3 minutes to the gentleman from Washington (Mr. Inslee), my good friend.
(Mr. INSLEE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume. I thank again my good friend from Washington (Mr. Hastings) for having yielded me time.
As the gentleman previously mentioned, this is a typical rule for a conference report and I will not oppose it. I will, however, oppose the underlying conference report, not because my good friend said it would not have been productive to have some of us in the conference. I do not serve on the committee so I do not know how I got thrown into that. I would not have been in the conference in the first place and perhaps he should not have been.
But, Mr. Speaker, President Theodore Roosevelt told Congress in 1907, ``The conservation of our natural resources and the proper use constitute the fundamental problem which underlies almost every other problem of our national life.''
Indeed, it does, Mr. Speaker.
In 2002 alone, wildfires burned more than 6\1/2\ million acres at a cost to taxpayers of more than $1 billion. Hundreds of families were evacuated and uncontrollable fires caused millions of dollars worth of damage. The images of the recent wildfires in southern California are fresh in our minds and pictures of homes burning to the ground and thoughts of livelihoods being destroyed will never be forgotten.
Yes, the underlying report takes significant steps to improve our ability to combat and mitigate wildfires. And, again, I congratulate the gentleman from Oregon (Mr. Walden), the gentleman from Virginia (Mr. Goodlatte) and their ranking members and their committee for their work. But in my opinion it goes a bit too far. And for anyone who says that this or any other bill is not a perfect bill but we should support it anyway, I say absolutely not. If we know that a problem exists in the legislation, then let us fix it. Let us fix it before it becomes law.
The underlying conference report loosens current law regarding the logging and controlled burning of our Nation's forests. Moreover, it eviscerates environmental studies and the ability of organizations and private citizens to submit appeals on the cutting down of as many as 20 million acres. Under the report, appeals are subject to, in my view, unnecessary and unrealistic deadliness that insult the process and force Federal judges to adhere to judicial deadlines that make it impossible to fully consider the complexities of the appeal.
Mr. Speaker, at a time when more than half of the United States is experiencing some form of drought and dryness, it is critical for Congress to consider legislation that is proactive in defending and responding to the adverse effects of wildfires. And I spoke last night with the gentleman from Oregon (Mr. Walden) and the gentleman from Virginia (Mr. Goodlatte) and my friends in the Committee on Rules about the fact that drought is an attendant feature that must deal with our concerns about forest fires.
It is equally critical for Congress to also consider legislation that helps communities mitigate the effects of the reoccurring events that often result in an excessive and prolonged fire season. In fact, my colleague on the other side of the aisle, the gentleman from Montana (Mr. Rehberg) and I have introduced a bill that does just that. H.R. 2781, the National Drought Preparedness Act, moves our country away from an ad hoc response-oriented approach and towards a more proactive mitigation-based approach.
Our bill provides States and local communities with the resources and tools to develop drought preparedness plans and think about the ramifications of drought before we find ourselves in one.
We are now faced with a vote clearly indicative of the concerns raised by President Roosevelt nearly one century ago. Whether we answer the challenge made by the late President or allow his legacy to fall victim to an influential timber lobby is a decision that Members will have to make later today.
I realize we do not oppose removing excess vegetation that increases the risk and facilitates the spread of wildfires. I certainly do not take issue with the report's efforts to address insect manifestations in forests. It is, in fact, crucial that Congress address these two issues.
What I do take issue with, however, is why the majority cannot just stop there. Instead, it uses the report to further its agenda under the blanket of healthy forests. Cutting down national forests and limiting public participation and administrative reviews does not get us any closer to stopping the spread of wildfires, and it certainly does not make our forests any healthier.
Teddy Roosevelt once noted, ``Forests are the lungs of our land, purifying the air and giving fresh strength to our people.'' He continued, ``A nation that destroys its soils destroys itself.''
Mr. Speaker, we must not allow the late President Roosevelt's warning to be realized by the 108th Congress. I urge my colleagues to support the rule and oppose the underlying report.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I, too, want to join in this in thanking Members on both sides of the aisle for their participation and cooperation in this legislation. As the gentleman from Oregon (Mr. DeFazio) noted,…
Mr. Speaker, I, too, want to join in this in thanking Members on both sides of the aisle for their participation and cooperation in this legislation. As the gentleman from Oregon (Mr. DeFazio) noted, we started some 2 years ago with the gentleman from Colorado (Mr. McInnis) and others talking about what would be possible. The gentleman from Oregon (Mr. Walden) and we came up with what we thought was possible, we did not make it, went back this year and continued that process.
And we passed a bill out of the House, a bill that I did not agree with in its entirety by any means, but then the Senate was also able to pass legislation. And as a result of those negotiations, which I wish had been a little bit more open, but the fact of the matter is as a result of those negotiations, we now have this, we will have this bill before us later today. And I want to thank the Committee on Rules for providing us this opportunity.
Mr. Speaker, let me just say this one point. I wish the firefighter protections that had been offered and accepted in the Senate, they were offered by Senator Boxer of California, would have been kept in the bill. I think it is important now as we see these larger, more catastrophic fires, as we see fires that move through residential areas, to understand that the firefighters there are put in jeopardy from many other things besides just the fires themselves, but also the chemicals and building materials and the rest of it that are caught up in these huge winds created by the fires.
But let me say as to the bill, I think this is a bill that is a vast improvement over what left the House. In this compromise, in this conference report we will target half of the appropriated money into those areas most likely to have the most catastrophic fires. The rest of the money can be used in forest treatment and other areas of the national forest. That is important.
It is also important that we involve the communities, and communities can come up with those plans that they think serve their area best. Hopefully, they will use community resources, small businesses, and others to develop those plans. People are also entitled to have some review of those plans.
But what this bill does not allow you to do is to drag the process out forever, forever and ever. You have got to come in, make your case, you made it or you have not made it. But those rights are protected, and you can appeal that to court.
Some people do not like the fact that the bill extends the urban interface area out to a mile and a half. The fact of the matter is when you see the size of some of these fires, the treatment in the urban interface area is nothing more than a firebreak. And a little tiny area is not going to stop some of these fires that we have seen over the last decade in the West.
Finally, with respect to the treatment in the larger forest, the goods for services contracts are still allowed, but as the gentleman from Oregon (Mr. DeFazio) pointed out, the important part of this bill, what Senator Feinstein was able to do was get an authorized amount of money in here, because if we just do it on goods for services, we will either have to cut down all the trees to save them in order to get enough money to carry out the project, or we will not be able to treat those areas, as we saw in southern California, of negligible timber value but high risk to the communities.
And so we need to have an appropriation to follow this authorization so we can treat those areas of high intensity, of great potential of catastrophic fires, the potential to engulf communities. We have got to go there with some Federal dollars and some goods for services. And I think that is a balance that makes sense.
I spend several weeks a year backpacking in the high country and the forests and parks of this country. You do not have to walk very long in the forest to see the need for treatment. If you love the big old trees, as the gentleman from Oregon (Mr. DeFazio) again pointed out, you have got to understand that we have allowed a ladder to build up in these forests. And the big ponderosas, the big sugar pines are at risk because of the understory, the undergrowth that is there that will take the flames right into the crowns. And, obviously, once in the crowns, with any wind they move so fast that we cannot deal with them.
So, Mr. Speaker, I would like to say that I think that this is a product that the House should vote for. Members on both sides of the aisle should support this. It is very, very important to so many of our communities and very important to the stewardship of our natural resources.
Mr. Speaker, I want to thank my colleague from Washington, with whom I have worked closely on this and other legislation to improve the great Northwest and certainly improve and protect America's…
Mr. Speaker, I want to thank my colleague from Washington, with whom I have worked closely on this and other legislation to improve the great Northwest and certainly improve and protect America's forests. I want to thank the chairman of the Committee on Agriculture, the gentleman from Virginia (Mr. Goodlatte), and the gentleman from California (Mr. Pombo), the chairman of the Committee on Resources, and certainly my friend and colleague, the gentleman from Colorado (Mr. McInnis), for their yeoman's effort on this legislation; my friend, the gentleman from California (Mr. George Miller), and the gentleman from Oregon (Mr. DeFazio) as well for their work; and certainly the President of the United States, who on not one, but two occasions has come out to the Northwest to drive home the point that we had to pass legislation that embodies the principles contained in H.R. 1904.
I think it is especially important. There are not many of us who do not recognize that if we do not remove the ladder fuels that my colleague from California talked about, the old growth
policy that will be out there is one of let it burn, because that is what is happening today in America's forests. Because we have taken natural fire out of the equation and taken human management out of the equation, these forests have become completely overstocked. So it is like any other fire, it is about the fuel load. And the fuel load is such that when fire starts today, unlike 100 years ago, when it starts today, it burns catastrophically.
We witnessed it in the Biscuit Fire in southern Oregon a year ago. We witnessed it in the B&B fire this summer in my district. We witnessed it in California. We can see it all across America's great forests and rangelands that when there is too much fuel, the fire is nearly uncontrollable and certainly catastrophic.
Let us talk about the human consequences, because we saw it especially this year in California, but we have seen it before. Last year 23 firefighters lost their lives, and the American taxpayer spent $1.5 billion containing 2002's record fires.
This shows you a scene that, unfortunately, is one that has been seen far too often: a home that has been destroyed in a forested area. This next shot shows you what happens to fish habitat. This was in my district in eastern Oregon, a fire that took place in 1989. This is a stream that used to be part of the spring Chinook salmon habitat. You can see it is nothing but a mudflow here. There is no buffer. These are all dead trees. It looks like a moonscape or a Mars-scape. This was in the Wallowa Whitman National Forest. This is what you get when you cannot control forest fires.
This, on the other hand, is an example of how a fire that has been treated like we are talking about treating performs. This is an area where President Bush accompanied me and Senator Smith and others, Senator Wyden, up to the Squires Peak fire in 2002. And you can see where the land had been treated, there are good healthy trees left behind. There is a fire burning here, but it has fallen to the ground, because that is what happens when you treat in these areas. The fire drops to the ground, and our firefighters are able to control and contain it. The damage is not that significant. In fact, it can be very positive in terms of when a fire burns like this to regenerate.
But just on the other side of this hill where the same people who fought the fire have been doing the thinning work, it was completely obvious because they had not thinned there yet. Where they had not thinned, the fire had been in the canopy, it had been at the top. It had been catastrophic and extraordinarily destructive.
Finally, let me make this point. By streamlining this process we are going to be able to get in and do this kind of work sooner so we do not end up with that kind of devastation I showed you earlier. But we also, as a policy, as a Congress, need to take a look at what happens after a catastrophic fire. How can we get in and restore America's great conifer forests instead of letting them become brush? How do we get in and protect the habitat that remains after a fire and improve it so our fish runs can come back? That is a debate we will have to have in the future.
Today, though, I am delighted that we are at this point with a comprehensive bipartisan, bicameral plan that will move us an enormous generation forward to protect and preserve America's forests, create jobs in our rural communities, and make sure fire, when it burns, is not catastrophic.
Mr. Speaker, I thank the gentleman from Washington for yielding me this time and for bringing this rule to the floor and I thank the Committee on Rules for very expeditiously moving this process. I…
Mr. Speaker, I thank the gentleman from Washington for yielding me this time and for bringing this rule to the floor and I thank the Committee on Rules for very expeditiously moving this process. I know that when I left the Committee on Rules last night it was close to 9:30 and they were still going on to other legislative business. So often the members of the Committee on Rules have to do that. Of course part of the reason for that is that we are so very near the end of this session of Congress. So it is critically important given what happened in California just a few weeks ago and what is going to happen again next year that we pass this legislation promptly so we can begin the process. It is going to take a long time.
The gentleman from Oregon is correct. There are not enough resources nor are there enough acres being addressed in this legislation, but nonetheless this is a very important first step and this is the first major piece of legislation related to forestry to be passed out of a House-Senate conference committee in more than 20 years. This is a very, very important development. We have a tremendous opportunity today, and when the Senate acts to send to the President a good bill that will give us the first step in this process.
It has been a fair process that has involved everybody in it. Over 2 weeks ago, we came to the floor to appoint conferees. The ranking Democrat on the House Committee on Agriculture who has worked with us every step of the way, and I might add that I believe 19 of the 24 House Democrats on the Committee on Agriculture voted for the original House-passed legislation, very strong bipartisan support in crafting this legislation. He made a motion to instruct conferees calling for the prompt action at an open conference to report back a bill a week ago. Unfortunately, the other body did not respond in that fashion and did not appoint their conferees until yesterday
morning. Nonetheless, in the meantime there was a tremendous amount of bipartisan and bicameral discussions going on about how to move the House and the Senate closer together on these pieces of legislation and we achieved that. Then yesterday we did have in the short period of time after the Senate appointed conferees the opportunity for an open conference, Members were given the opportunity to offer amendments, there was clearly a tremendous amount of consensus on both sides of the Capitol and in both parties on the need to move forward with this and we had a very expeditious conference.
Nonetheless, I think we kept the commitment made by the House on the motion of the ranking member, the gentleman from Texas, to have an open conference and to move as expeditiously as the process allowed us to do.
This bill is going to allow us to take major steps to let the Forest Service do the job they are charged with doing, protecting our national forests. This will also allow us to make absolutely certain that we have a process that is open and fair to everybody who is concerned about our national forests from any perspective. We are accelerating the process so that when ideas about what needs to be done to protect our forests take place, they can take place promptly, but we are not excluding the public in any way from this process. They will have the opportunity from start to--a judicial review if that becomes necessary--finish to have input in the process, but it will be done in such a way that the system can no longer be rigged to stretch out these decisions for many years and have our forests destroyed in the meantime.
That is vitally important.
I want to thank everybody who has been involved in this process. The gentleman from California (Chairman Pombo), the Committee on Resources, made important contributions. The gentleman from Colorado (Mr. McInnis), the subcommittee chairman, was also vitally important. He introduced the legislation. And certainly the gentleman from Oregon (Mr. Walden) has been with us every step of the way as well. The same thing has been true on the other side of the aisle, whether they have agreed with all the measures or not. We thank them for their input.
Mr. Speaker, I urge my colleagues to support this rule and the underlying bill.
I thank the gentleman for yielding me this time. Mr. Speaker, it was just a little over a year ago that the Biscuit fire was raging in southwest Oregon in an area shared by myself and the gentleman…
I thank the gentleman for yielding me this time.
Mr. Speaker, it was just a little over a year ago that the Biscuit fire was raging in southwest Oregon in an area shared by myself and the gentleman from Oregon (Mr. Walden). We held a hearing in the Committee on Resources during that fire about the issue of the fuel buildup in our forests. After I listened to a few of the witnesses, I really did not ask any questions, I gave a pretty impassioned speech about how I was tired of the fact that we all kind of went to our political corners on this issue when a real solution was warranted. Surprisingly after the hearing I was approached by a number of Members that people would be surprised could sit down in a room and work together on an issue like this, but notably the gentleman from Colorado (Mr. McInnis) came forward and said to me, I really agreed with a lot of what you said and I would like to try and work something out, as did the gentleman from Arizona (Mr. Shadegg), the gentleman from Oregon (Mr. Walden), and the gentleman from California (Mr. George Miller). We sat down and began some very difficult negotiations.
Unfortunately, last year the clock ran out on us. We had an election year, so we did not get the bill done. But now here we are hopefully at the point of adopting the bill in the House and the Senate and seeing it signed into law. This is not exactly the bill I would have written. It is not exactly what we negotiated last year, but I believe it is a bill that can get the job done. Most importantly, it authorizes $760 million. I think we could even authorize and do more work than that on an annual basis given the unnatural buildup of fuels in the forests, but if we can get that money actually spent, it will provide for a lot of jobs. It will provide for tremendous protection for communities and resources.
The bill has language about how the work should be conducted. The idea is to leave the big old fire-resistant trees and return the forest to what we call a presettlement condition, before we began unnaturally repressing fire more than 100 years ago with the settlement of the West. What you need to do, and there was a dramatic example at the Davis fire in central Oregon this year, you could see where the lodgepole pines were growing up into the crowns of the big old fire- resistant Ponderosas and unfortunately a lot of those Ponderosas went because that is called a ladder fuel. It just ran up this crummy old lodgepole and right up into the beautiful old Ponderosa and we lost everything. We need to go in and remove those lodgepole pines and other unnatural fuel buildups. That will provide both for jobs, potentially for some merchantable material in certain areas, and eventually we will be able to manage our forests back or help return them to a state where low-intensity fires can burn through, fires that do not destroy whole stands, that do not turn the Earth into glass and sterilize it. That is the condition that prevails today in the West.
This bill is not without controversy. That is again part of the process. I think the protections are there. People still have a right to appeal but appeals will be expedited. People have to participate meaningfully in the process. I do not have a problem with that. I think people should participate meaningfully in the process and we should open it up to everybody who is concerned. People will still have a right to go to court if they feel that the law is being violated but we are going to have the money, we are going to have the tools and if this administration applies this properly, if they get and spend all the money that is promised under this bill, we will begin a very long process of restoring our forests to a more natural state in the western United States and in a state that will not lead to a multi-number of catastrophic fires on an annual basis, which is the state we are seeing today.
I want to thank my colleagues on that side. I neglected the Committee on Agriculture, where I do not serve, but I know that the Committee on Agriculture also played a key role in this legislation. I think we will be all the better for it.
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 457 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 457 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my good friend and namesake, the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 457 is a rule
providing for the consideration of the conference report to accompany H.R. 1904, the Healthy Forests Restoration Act of 2003. The rule waives all points of order against the conference report and its consideration and provides that the conference report shall be considered as read.
Mr. Speaker, recent reports of catastrophic wildfires in the West have helped millions of Americans to understand what Members of western districts have known for years, that steps must be taken to improve our management of national forests in order to reduce the risk of runaway forest fires that threaten lives, property and even entire communities.
H.R. 1904, the Healthy Forests Restoration Act, contains several key measures that will enable Federal land managers to better manage potentially explosive stands of timber and underbrush. Passage of the bill would also enable local communities to play a more meaningful role in the management of lands that pose potential threats. H.R. 1904 would authorize the removal of dead, dying and diseased trees and underbrush from Federal lands. It would also strengthen the ability of land managers to pursue fire prevention strategies under an expedited system that would limit excessive court challenges to proposed changes in management plans for Federal lands.
The bill authorizes $760 million annually for fire prevention, suppression and management activities, a significant increase over current allocations.
Mr. Speaker, the conferees have done an excellent job of protecting the House position on this legislation, which passed the House by a large margin back in May 2003. The conferees should be commended for moving to complete the work on this important legislation before Congress adjourns and we in turn should pass it without further delay.
Accordingly, Mr. Speaker, I urge my colleagues to support both the rule and the underlying conference report.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 4 minutes to the distinguished gentleman from Virginia (Mr. Goodlatte), chairman of the Committee on Agriculture.
Mr. Speaker, I yield 4 minutes to the gentleman from Oregon (Mr. Walden), an individual that has had a great deal of impact on this legislation.
Mr. Speaker, I yield 3 minutes to the gentleman from Colorado (Mr. McInnis), who has worked extremely hard on this issue and has been working on this issue.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill that this rule allows to be taken up is a very significant piece of legislation, and I just want to make one point that I do not think has been made in the debate on this rule regarding this underlying legislation, and that is that this legislation is geared towards what we call multiple use areas within our national system, our national forests and our BLM lands. Multiple use by definition means it should be open for recreation, commercial activity, and so forth. But, unfortunately, with policies that have been enacted de facto in the past 10 or 15 years, in fact, we have closed up these multiple use areas.
This legislation addresses these problems that have built up for a time and as a result has built up to unhealthy forests and unhealthy BLM lands. So it is a significant first start, an extremely significant first start.
With that, Mr. Speaker, I urge my colleagues to support the rule and support the underlying legislation.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.
Mr. Speaker, our Committee on Agriculture is a great committee in terms of Republicans and Democrats working together. Our forests in this country are one of our strong resources that not only help…
Mr. Speaker, our Committee on Agriculture is a great committee in terms of Republicans and Democrats working together.
Our forests in this country are one of our strong resources that not only help us economically but also help the environment, and conserving the environment is important. Our forests certainly are an important part of Michigan, but they are also a very important part of our economic strength in the United States.
In the West, catastrophic wildfires recently have decimated those forests over the last several years. We have made a mistake over how we want to control forests. And sometimes in our overzealousness to protect from fires, we have increased the potential of additional damage. Two days ago, we
passed an energy bill. In this bill there is also language to utilize the natural renewable resources of our woodlands of America to also contribute to energy.
Removing some of the bureaucratic red tape for performing fire prevention measures is not only environmentally friendly but also fiscally responsible, as fire prevention costs American taxpayers approximately one-fourth of what it costs to fight catastrophic forest fires. The Healthy Forests Restoration Act authorizes the Bureau of Land Management (BLM) to reduce the amount of underbrush and deadwood buildup in forests that serve as kindling and fuel for the hottest, most dangerous fires. It would regulate BLM's activities by putting limits on the tree removal and road construction that has provoked controversy at times in the past. This would give BLM the tools it needs to confront the increasing threat of destructive forest fires on federal lands that have had serious impacts both on people and wildlife.
The bill takes additional measures to improve our forests. These include provisions to encourage energy production from renewable energy sources, protection of watersheds in forest areas and the creation of a forest reserve program aimed at preserving and rehabilitating up to one million acres of degraded and rare forest lands.
Disease and insect infestations are not only detrimental to our woodlands, but also to our tree-lined streets and backyards. In southeast Michigan, we are combating an exotic beetle known as the Emerald Ash Borer. The bettles' larvae feed on the sapwood and eventually kill branches and entire trees. This invasive pest has resulted in the quarantine of all ash products in six counties and southeastern Michigan. There are 28 million ash trees in the six quarantined counties and an estimated 700 million ash trees in Michigan. We are not finding that the pest is spreading into Ohio. The magnitude of this problem is serious. Preliminary data from the Forest Service estimates that the potential national impact of the Emerald Ash Borer is a loss of ash trees up to 2 percent of total timber with a value loss of between $20-60 billion.
Following discussions with Secretary Veneman and gaining the support of the Michigan delegation, Michigan Department of Agriculture, and DNR we were able to get the approval of substantial millions of dollars in emergency assistance from USDA to combat the Emerald Ash Borer. This federal funding will supplement resources provided by state and local authorities and will be used for pest surveillance, quarantine of infected areas, and some tree removal. In order to more efficiently combat destructive pests like the Emerald Ash Borer, the Healthy Forest Restoration Act puts in place measures that will allow accelerated information gathering on such insect infestations. By removing bureaucratic red tape and being more proactive in maintaining forest health, the Healthy Forest Restoration Act is a step in the right direction towards efficiently managing our forests, preventing catastrophic fires, controlling damaging insect infestations, and protecting our environment.
Mr. Speaker, I rise in strong support of H.R. 1904, the ``Healthy Forests Restoration Act of 2003.'' For the Northern California Congressional District I represent, this bill is long overdue. My…
Mr. Speaker, I rise in strong support of H.R. 1904, the ``Healthy Forests Restoration Act of 2003.'' For the Northern California Congressional District I represent, this bill is long overdue. My District comprises 5 national forests, and wildfires are an annual and growing threat. Each day, month and year that good forest management is stymied, communities are placed in greater danger.
Mr. Speaker, in my view, this bill doesn't go far enough to address our monumental and compounding forest health crisis. With 190 million acres of forests at risk, and only 2 million acres being treated annually, we have to do much, much more. But it takes an important first step forward in the face of tremendous resistance from the radical environmentalists. And I want to commend my colleagues-- Chairman Pombo, Chairman Goodlatte, Chairman McInnis and Congressman Walden--for their staunch leadership and dedication in fashioning a collaborative bill that is able to win a majority of the House and Senate. President Bush also deserves a great deal of credit and thanks for his efforts in bringing our growing forest health crisis to the attention of the American public, and to the forefront of our environmental policy debate.
An extraordinarily cumbersome environmental review process, which can delay forest health projects for years, has elevated the review ``process'' over good management and professional judgment. The Forest Service Chief, Dale Bosworth, testified to Congress that his agenda spends 40% of its time on planning and process activities. Litigation and an appeals process that is ripe for abuse have been utilized by radical environmental groups to stop community-supported forest health projects. A General Accounting Office study indicated that 59% of all projects eligible for appeal are appealed, the vast majority from radical environmental groups. The percentage is even higher in California. Meantime, our forests are literally burning up. Lives are being lost. Catastrophic fires are causing billions in property damage and costing the taxpayer billions in suppression and rehabilitation costs. Public health and safety demands that something be done.
For too long radical environmental groups have hijacked our forests to advance their own so-called ``environmental agenda.'' Their handiwork has contributed to an immense forest health crisis where lives and property are threatened, billions of taxpayer dollars are spent to suppress destructive fires--instead of on common sense forest health projects that could prevent them--and millions are wasted on endless environmental reviews and litigation. It's high time for the rest of us to take our forests back.
This bill will not solve this enormous and compounding crisis. But it takes an important step forward by streamlining environmental reviews and preventing abuses of the appeals process, which will allow urgently needed management to move forward in a small portion of our at-risk forests. It will give forest professionals the tools they desperately need, and provide positive momentum for continuing active management throughout all of our forests to restore them to a healthy condition, and address a very serious and growing threat to lives and property. I urge my colleagues to support it.
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Mr. Speaker, my home state of California has just been through a terrible series of wildfires. The fires burned more than 800,000 acres, destroyed over 3,300 homes, caused over $12 billion in…
Mr. Speaker, my home state of California has just been through a terrible series of wildfires. The fires burned more than 800,000 acres, destroyed over 3,300 homes, caused over $12 billion in property damage, and tragically took the lives of 22 people.
What could have been done to prevent it? What should we do now to prevent such occurrences in the future?
The answer, it seems to me, is active management and control of overgrown areas near development, usually referred to as the Woodland- Urban Interface. This will go a long way to preventing fires from destroying homes and worse, killing our citizens.
We have a bill in front of us today, H.R. 1904, The Health Forests Initiative, that its proponents tell us will help prevent the kind of devastation that we endured in California.
This conference report is certainly better than the initial House version of the bill. In the House bill, money used for clearing would have had to come from nearby logging activities. In the chaparral of Southern California, there is no logging, and that means no removal of forest fuels would have occurred to protect our homes and our families.
The House-Senate compromise that is before us today is a step in the right direction. Most importantly, it provides $760 million to fund clearing forest fuels to prevent catastrophic wildfires. Nevertheless, there remain some fundamental problems with the bill.
First of all, the Healthy Forests Initiative is only effective for federal lands. Roughly two-thirds of the lands that burned in California was not federal land, and therefore would be unaffected by the healthy forests initiative.
Second, only half of the $760 million is set aside for forest clearing within 1\1/2\ miles of structures--the Wildlife-Urban Interface. The other half will go toward thinning in other areas. Moreover, where in the initial bill the clearing was paid for by nearby profitable logging, now we are giving $365 million to commercial loggers for these thinning activities. So, instead of asking logging companies to contribute their fair share to forest management and fire mitigation, we are subsidizing them to do it.
I am disappointed with this bill. We had an opportunity to craft a bipartisan bill, one that would have addressed the pressing issue of protecting lives and property in the Wildlife-Urban Interface. Instead, the Healthy Forests Initiative puts commercial logging interests ahead of protecting our vulnerable communities. Once again, the Republican- controlled Congress has it priorities all wrong.
While this bill does not sufficiently address this important priority, I am supporting an effort that does. I am working to provide more funding for community and individual-initiated and driven initiatives to clear fire fuels in their areas. We should be empowering local communities to clear these areas--they have the greatest knowledge of the environments in which they live, and the greatest personal stake in the success of these efforts. I am hopeful that this initiative will generate broad bipartisan support.
In the meantime, I regret that I must oppose the Health Forests Initiatives, principally because it uses a great deal of resources, but it won't do very much to make our Southern Californian forests any healthier.
Mr. Speaker, I appreciate the yeoman's work of the chairman and the guidance of making sure that we could get this bill through. I also wish to acknowledge deeply the gentleman from Virginia's (Mr.…
Mr. Speaker, I appreciate the yeoman's work of the chairman and the guidance of making sure that we could get this bill through. I also wish to acknowledge deeply the gentleman from Virginia's (Mr. Goodlatte) service and especially the service of the staff who have worked so hard in making sure that we could come together on this side of the aisle so that when we approached this side of the aisle we had a package that had common sense. We had a package that people like the gentleman from Texas (Mr. Stenholm), the gentleman from California (Mr. George Miller), and the gentleman from Oregon (Mr. DeFazio) could come to the table and work with us on. And a lot of that was guided, a lot of the going back and forth was guided by someone who I consider an artist and that is the gentleman from Oregon (Mr. Walden), somebody who can negotiate between both the Republicans and the Democrats.
It was about 99 years ago when Teddy Roosevelt used his State of the Union address to urge Congress to create a national forest system to ensure proper stewardship of these tremendous assets that we have in our huge public lands. And by the way, I live in a district that has 23 million acres of public lands. It is fitting now that 99 years later, 99 years later we have one of the most significant pieces of forest legislation that has come in since.
What this piece of legislation does is over the 99 years we have seen the leadership, the guidance, the expertise and the science taken away from the Green Hats, who I complimentarily refer to as our Forest Service people, the people who understand the forests, the people who dream of running the forest, the people who have been educated in the forests. We have seen through some very tactical maneuvers their power and their authority taken by the Sierra Club-types and moved to the courts and moved to the Congress.
What this bill does is this bill allows this authority to go back to those people on a commonsense approach, on a balanced approach which is demonstrated by the fact that this will pass with bipartisan support, to let it go back to the Green Hats, to let the Forest Service manage those forests.
The passage of this legislation today means that the Congress, all of us are responding to the America forests health crisis, the crisis that was demonstrated recently in the State of California, the crisis which we have seen in the State of Oregon, the crisis through bug infestation, not just fires, but bug infestation down in the South. Storm King Mountain, the mountain that I grew up on, the mountain that I took bodies off of, we finally are responding and we are coming back. I am pleased that we are coming back and giving that authority where Theodore Roosevelt thought that authority ought to exist, and that is with the United States Forest Service.
Once again I want to compliment my colleagues on the Democratic side that have worked with us. And I want to point out those who have not. It amazes me that one like the gentleman from New York City (Mr. Hinchey) would stand up and make the kind of statements that he made and speak from a wooden podium. A little ironic.
This is a good bill. It is bipartisan, and it is going to make a big, big difference.
Mr. Speaker, I thank the gentleman from Texas for yielding me this time, and I thank all of the members of the Committee on Agriculture and the Committee on Resources who have put so much time and…
Mr. Speaker, I thank the gentleman from Texas for yielding me this time, and I thank all of the members of the Committee on Agriculture and the Committee on Resources who have put so much time and effort into this. Yes, it was a long process, but I believe that a good result is worth the work. I wish we had got it done a year ago; but, hey, we are now finally going to get something in place long ahead of next year's fire season.
This bill, if properly implemented, will begin to carefully undo 100 years of mismanagement of our national forests. It recognizes that this is going to be a long and expensive process. It recognizes that it cannot be done for nothing. This bill includes a $760 million-a-year authorization. I think we could even go higher. Mr. Speaker, $1 billion a year could be productively spent in the West, given the magnitude of the problem; but it is a significant increase over the commitments we are currently making.
It will bring jobs to hard-hit rural areas in the forests. It sets a priority that half the funds should be spent in proximity to high-risk communities in the West, and it also sets priorities for protection of other high-value resources in high-risk areas.
If properly implemented and fully funded, I believe that we can begin to step incrementally away from the catastrophic, or potentially catastrophic,
conditions that exist throughout the West today.
It contains old-growth language that clearly reflects the intent of Congress that the objective is to return the forests to presettlement conditions, which means there will be large, fire-resistant trees more widely spaced, particularly in the inter-mountain areas; that we would leave native stands intact, but we would aggressively thin from below. We would remove ladder fuels, we would remove trees that are growing into the crowns of the larger trees.
I mentioned earlier the Davis fire in Oregon and the lodgepole that carried the fire into the crowns of the Ponderosa, that would have survived the fire otherwise, had we gotten in there and removed those lodgepoles, which have little commercial value. That is why this program will be expensive. In many areas, what needs to be removed has little or no commercial value. Where it has commercial value, we will use that to offset the costs and to amplify the program.
It does not unduly restrict the right of appeal. It does require that people participate meaningfully in the process if they are going to appeal, and that is the way it should be. I want people to be involved from the beginning in communities, meaningfully commenting on the plans and proposals of the Forest Service. It allows judicial review if the bill is misapplied by this or any future administration.
But it will move the process along, and we will begin to chip away at the backlog. But make no mistake, even if we get the $760 million a year, this is going to take a long time to return our forests to their natural state.
Mr. Speaker, I thank the chairman for yielding me time. I also thank the Members and my colleagues on the Democratic side who worked with me on my bill. This is a bill I introduced. I have been…
Mr. Speaker, I thank the chairman for yielding me time. I also thank the Members and my colleagues on the Democratic side who worked with me on my bill. This is a bill I introduced. I have been working on it in great detail for a number of years.
Now, it is true that in the process I did not include 435 Members to come to our meetings to come to some kind of compromise. Now, there are reasons I did not include 435. First of all, that is not routine. Second of all, we could not get them all into one location. Third of all, not very many of them were interested. They are interested, most of them, in the final product, but they are not interested because they have their own priorities in putting this together.
And, finally, there is a very definite class of people that you cannot bring in to a room and expect a compromise. My good colleague, the gentleman from Washington (Mr. Inslee), is not one of those people that I felt that I could bring into these negotiations and come out with anything positive.
I have got to get people in there that are willing to come up with a solution, and I will give you two good examples, two very ardent spokesmen for the environment, the gentleman from California (Mr. George Miller) and the gentleman from Oregon (Mr. DeFazio).
Those are about two of the toughest individuals on this House floor when it
comes to speaking about environmental issues. While the gentleman from Washington (Mr. Inslee), for example, is very tough on environmental issues, the fact is I can negotiate with the gentleman from California (Mr. George Miller). I can negotiate with the gentleman from Oregon (Mr. DeFazio). And that is exactly why the gentleman from California (Mr. George Miller) and the gentleman from Oregon (Mr. DeFazio) and the gentleman from Oregon (Mr. Walden) and myself and the gentleman from Virginia (Mr. Goodlatte) and the gentleman from California (Mr. Pombo), that is exactly why that group of people came together to work out a compromise with the Senate to come up with a bill that is good for all of us.
So what we are seeing today is not opposition to the content of the bill by the gentleman from Washington (Mr. Inslee). What we are seeing with all due respect to the gentleman from Washington (Mr. Inslee) is sour grapes. Hey, I did not get to play in the game. I was not invited to the meeting.
As I said, there is a reason why the gentleman from Washington (Mr. Inslee) was not invited to the meeting. I wanted a meeting with production. I needed to have a meeting that would come out with a product that could pass both the Senate and the House and accomplish something out there with our forests, and that is exactly what this bill does. That is exactly why we should pass this rule and that is exactly why I expect this bill in both the Senate and the House, the Senate and the House, to pass with bipartisan; that is, Republican and Democratic, support.
Mr. Speaker, I yield myself 2 minutes. I am glad that the gentleman from Washington (Mr. Inslee) claimed the time in opposition to this because I think it is important for everyone to see just how…
Mr. Speaker, I yield myself 2 minutes.
I am glad that the gentleman from Washington (Mr. Inslee) claimed the time in opposition to this because I think it is important for everyone to see just how difficult this bill has been to finally arrive at this point of developing a bill and a conference report that is so widely supported in both this Chamber and the Chamber across the Capitol, that we have brought together such divergent interests, so many people who may have initially opposed this bill that are now on board because of the great compromise that was reached to bring this bill to the floor.
The history behind the Healthy Forests initiative, it has been, I think, 8 years now since the very first bill was introduced and the work began to finally get to this point, and we have gone through, I believe, close to 75 hearings in Committee on Resources alone on this legislation. There has been a countless number of people that have testified, and we have gone back and forth. And these past 3 years, we actually have to give a lot of credit to two of my colleagues in the House, the gentleman from Colorado (Mr. McInnis), subcommittee chairman, and the gentleman from Oregon (Mr. Walden) for the work that they did in pulling together with all of the different interests to bring something together, the gentleman from California (Mr. George Miller), former ranking member on the committee, and the gentleman from Oregon (Mr. DeFazio) and others to put together a bill that was really a great balance between so many different interests. And I found with interest the gentleman from Washington's (Mr. Inslee) talk about a particular tree and saying that we need to resolve on the floor of the House whether or not that should be cut down. I have got to tell him, we do not know. That is the job of the professional foresters. The focus of this bill is to go out into the forests and let the professionals, the scientists, the people who really do understand what is going on out there, have them decide where the best place to do thinning projects is, not on the floor of the House. That is ridiculous to think that we on the floor of the House should be doing that.
But this is a grand compromise. It is a great bill, and I urge my colleague to support it.
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Lewis).
Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Hayworth).
Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Renzi), who brought a renewed vigor to this debate.
Mr. Speaker, I yield 2 minutes to the gentleman from Oregon (Mr. Walden), the coauthor of the legislation.
Mr. Speaker, I have one additional speaker to close.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield the balance of our time to the gentleman from Colorado (Mr. McInnis), the subcommittee chairman and co-author of the legislation.
Mr. Speaker, this is an example of not just an act that will destroy good policy, but it also destroys the language; and it is consistent with the kind of thing that has been happening here recently,…
Mr. Speaker, this is an example of not just an act that will destroy good policy, but it also destroys the language; and it is consistent with the kind of thing that has been happening here recently, particularly with regard to environmental policy.
What is the name of this bill? The Healthy Forest Restoration Act. It reminds me very much of the Clear Skies Initiative that the President was pushing and the majority in this House was solidly behind. What did we get from the Clear Skies Initiative? Increased greenhouse gases, increased acid rain, a big gift to the polluters so that they do not have to upgrade their equipment. The same kind of thing occurs here.
The rationale behind this legislation as it is stated is that we need this act in order to carry out thinning processes in places where fires are likely to occur. Now, one would have the idea, based upon that, that these thinning processes are being held up. That is what they want us to believe, these thinning processes are being held up by litigation and things of that nature.
Well, what does the General Accounting Office say? The General Accounting Office has a lot of credibility around here. The General Accounting Office tells us that the appeals and litigation are not slowing thinning projects at all. In fact, 92 percent of the thinning projects are being completed without delay.
Now, why, then, are we engaged in this?
Well, the real reason is, just like under the Clear Skies Initiative, we were not interested in cleaning up the skies, and here we are not interested in healthy forests. What we are interested in is a big giveaway to the people who want to go out and cut down the trees that are on public land. That is what this is all about.
Now, another interesting aspect of it to me is a lot of people in this House who are dead set against any activity by the Federal Government, they want the Federal Government out of everything. Now, however, under this piece of legislation it is, no problem, just give them this authority, trust the administration, trust the Federal Government. They will do everything right. Totally inconsistent, obviously.
So what else does this bad bill do? It fails to focus on projects in communities that are actually in need of protection. It undercuts NEPA by eliminating the requirement to consider a full range of reasonable alternatives. It fails to treat or provide assistance to State, tribal, and private lands. It throws up unprecedented roadblocks to citizens across the country and their access to the courts, and it is a direct threat to the independence of the judiciary in this country on this specific issue. It curtails the rights to appeal bad projects and authorizes a new appeals process with no sideboards to be created by the Secretary.
This is an example of a bad bill and specious arguments driving bad policy.
Mr. Speaker, unfortunately, actually the way this final package was developed was a continuation of the sad deterioration of an effort to actually reach consensus in this body. And the reason I say…
Mr. Speaker, unfortunately, actually the way this final package was developed was a continuation of the sad deterioration of an effort to actually reach consensus in this body. And the reason I say that is the way this package was put together is some folks went into a closed room and excluded other Members of the House from consideration. In fact, the ranking Democrat on the Subcommittee on Forests and Forest Health of the Committee on Resources was excluded from consideration to try to reach a consensus product here, as was virtually anyone who questioned the original bill who left the House.
This is the system, if you can imagine, when they are sitting around a table in Iraq right now and they ask, how do you do democracy in America, I guess you would have to say, in the House we just have this secret group and exclude Members from the minority party who are ranking Members. And that is what happened here, and it is unfortunate because we may have been able to reach a consensus of unanimity here on the House floor.
Now, let me point out a couple significant concerns with this final product. Number one, it does not cut the mustard in saving our houses and our towns from fire. We just witnessed this enormous devastation in California as a result of these fires, hundreds and hundreds of houses that were burned. And we do not have enough money in the Federal Treasury to come close to treating all of the acres that need treatment. At most, under this bill, we will only treat about 2 percent of the acres that need treating a year in our forests. That means we have got to be smart and target our resources where it is going to do the most good, and where it is going to do the most good fastest is around our homes and our towns to prevent the devastation that happened in California.
It ought to be a clear, unanimous consensus in this House that we put the majority of our resources protecting our families and our homes and our towns. And this bill does not do it. Yes, it is better than the House version because it says 50 percent, but what are you going to tell people next time? Sure, you had 200 houses burned, we will save 100 of them this time. Well, 50 percent is not good enough saying we are just going to save half your town; 50 percent is not good enough when we say we are going to save half your subdivision.
We ought to put a clear majority of our resources in protecting these belts, these protective moats, if you will, around our houses, and we are not doing it. Why we are not doing it? Because the timber industry has driven a lot of this debate. Who is for this is the timber industry. And who is against it is the Sierra Club. And it is too bad we did not really reach a consensus when we could have on this bill.
Mr. Speaker, I rise today in support of H.R. 1904, the Healthy Forest Restoration Act. I would like to thank leadership for allowing this long overdue bill to come to the floor today, and most…
Mr. Speaker, I rise today in support of H.R. 1904, the Healthy Forest Restoration Act. I would like to thank leadership for allowing this long overdue bill to come to the floor today, and most importantly, I would like to thank Forest Subcommittee Chairman Scott McInnis, whose hard work and dedication this bill has brought us to this point today.
Mr. Speaker, there are many reasons to cut through the current procedural and bureaucratic thicket that has engulfed the U.S. Forest Service. It is time to eliminate the ``analysis paralysis'' of administrative appeals and litigation that has heretofore prevented the U.S. Forest Service from conducting badly needed thinning projects that are needed to protect communities and wildlife.
The fires of the last few years have ravaged the west. My district was no exception, where the 137,000 acre Hayman Fire tore through the Pike National Forest last year. That wildfire--the largest and most destructive in state history--burned homes, fouled streams and reservoirs, and may even have pushed an endangered butterfly into extinction. Fires like these have proven once and for all that no management on our public lands, is bad management.
Unfortunately, much of the destruction caused by these fires is attributable to the bureaucracy, appeals, and red tape that have hamstrung land managers for years. The Hayman Fire, for example, occurred in part in an area slated for treatment. Unfortunately, the treatments took years to plan because of arcane procedural rules, and were then further held up by frivolous appeals filed by a host of environmental groups. Before the treatments could begin, the fires reduced the area to ashes. This bill will seek to streamline that process, and curtail frivolous litigation so that we can avoid the large scale environmental devastation caused by these catastrophic fires in the future. In addition, the bill will help reduce costs to the American taxpayer.
The cost to extinguish these abnormally massive fires to protect communities and their water supplies has cost more than $1 billion. With the passage of H.R. 1904, rather than continuing to treat the expensive symptoms of this dangerous buildup of dead and diseased trees in our forests--we will finally get at the root cause of the problem.
Mr. Speaker, I believe every dollar we spent on a thinning project that prevents a fire, is several dollars saved in suppression and first responder costs when the fire starts. Restoring our forests to a healthier state by clearing out dead fuel and bug-infested trees before they feed wildfires isn't just good environmental policy, it's good fiscal policy too.
Mr. Speaker, the problem of forest fires in the West that are aggravated, in some cases caused, by human mismanagement has been a problem as long as I have been in Congress. I am pleased that with…
Mr. Speaker, the problem of forest fires in the West that are aggravated, in some cases caused, by human mismanagement has been a problem as long as I have been in Congress. I am pleased that with the work of Oregonians Representative Peter DeFazio, Senator Ron Wyden and Representative Greg Walden, the bill that's moving forward is better than the bill I voted against in the past.
I wish I could vote for H.R. 1904 in good conscience, but it still has three fundamental problems. First, the procedural fix far exceeds any procedural problem. This bill would undermine the National Environmental Protection Act, the judicial process, and the system of administrative appeals to fix a perceived problem of too many projects being tied up in environmental litigation. However, the Government Accounting Office estimates that only 1 percent of forest management projects have been tied up in litigation. This type of sweeping procedural change is unnecessary.
Second, the bill opens up our forests to much broader timber harvest. This should be debated on its own merits and not under the guise of forest health and fire prevention. If we want to substantially increase timber harvest on Federal lands we ought to be clear and deal with it directly.
Last, and most troubling of all for me, is that this bill does not adequately protect families whose lives and property are at risk because of forest fire hazard. This bill does not focus our resources on the interface between residential properties and forest land, in what we are coming to know as the ``flame zone.'' Focused hazardous fuel reduction around communities could substantially reduce the risk of fire damage by providing a buffer to help slow and stop advancing fires.
This is a better bill than before but it is still a missed opportunity. To adequately protect families and businesses we need to take a few, simple, proactive steps. We need to strengthen building codes and insurance requirements for ``firewise'' construction and ``defensible space'' landscaping. According to Forest Service scientists, these precautions can increase a home's ability to survive a wildfire by more than 90 percent. We need to educate homeowners of the dangers before wildfires start so they can adequately prepare, and make informed choices on where to live. We need to implement smart land-use planning that guides development away from fire-prone areas. And, we need to provide affordable, livable housing options for families away from danger.
Mr. Speaker, I rise in opposition to the conference report. Others will come to the floor to discuss the threat of wild fire to the health and general welfare of segments of the American population.…
Mr. Speaker, I rise in opposition to the conference report. Others will come to the floor to discuss the threat of wild fire to the health and general welfare of segments of the American population.
Others will come to the floor to discuss other elements of this legislation, such as its provisions concerning insect infestation which threatens some of our forests and forest industries.
I am not unmindful of the need to address the issues raised by the bill, but in our view, we would do so in a more prudent and responsible manner.
There is one issue in the pending legislation, however, which transcends the debate over forest fires and forest health: the independence of our judiciary and the right of Americans to seek redress from the courts when they believe they are aggrieved by a governmental action.
Indeed, the judicial review provisions of this bill would set a dangerous precedent for anybody concerned with civil liberties, civil rights, workers' rights and any other issue that may come before our judiciary.
Simply put, this legislation curtails access to the courts by American citizens by limiting where challenges can be brought, by whom, and on what issues.
This legislation interferes with how judges run their courtrooms. It arbitrarily requires courts to lift injunctions and stays after 60 days unless affirmatively renewed by the court.
A dangerous precedent and very bad policy. Our Constitution clearly delineates three branches of government. This conference report tramples on that tenant of our Constitution.
Incredible. Simply incredible.
This bill tells the court that litigation involving thinning trees is more important than prosecuting suspected Al Qaeda terrorists.
To judge suits over forest thinning projects more important than all other civil cases, let alone criminal cases, is seriously misguided. To make this policy law is absurd.
I have been here long enough to remember when conservatives did not trust the federal government and did not endorse expanded and unchecked federal powers.
It is unfortunate, it really is, that the sponsors of this bill chose to inject this controversial attack on the independence of our judiciary in a measure of this nature.
These provisions are a poison pill, and do a disservice to our addressing issues such as forest insect infestation and forest fires in a prudent and responsible fashion.
Mr. Speaker, I rise in strong support of this conference report. And I was told that I had to spend my entire 2 minutes praising the gentleman from Texas (Mr. Stenholm), but I am going to instead…
Mr. Speaker, I rise in strong support of this conference report. And I was told that I had to spend my entire 2 minutes praising the gentleman from Texas (Mr. Stenholm), but I am going to instead talk about the benefits of this bill. And I want to compliment my colleague, the gentleman from California (Mr. Pombo), and the chairman of the conference, our good friend, the gentleman from Virginia (Mr. Goodlatte), the chairman of the Committee on Agriculture, the gentleman from Oregon (Mr. Walden), and others who have been so involved in this measure.
I happen to represent the Los Angeles area in southern California. And the world knows that we have just suffered devastating fires in the southern California area. It impacted the districts of my colleague, the gentleman from California (Mr. Lewis) who represents the area in the Inland Empire to the east of Los Angeles, further east of the area I represent, and several others of our colleagues in San Diego. I know that my colleague, the gentleman from California (Mr. Hunter), as we all know, lost his home. And this impacted the district of the gentleman from California (Mr. Cunningham). And I can go through the litany of our colleagues. Many members of the California delegation had their districts impacted by this. We lost lives, we lost a tremendous, tremendous amount of property. I lost in excess of 50 homes in the area that I represent.
And I was very pleased when the gentleman from Virginia (Mr. Goodlatte) was before the Committee on Rules yesterday and talked about the fact that within this measure we will be able to have resources to deal with things like the bark beetle which has played a role in creating a problem in southern California when these trees were not cleared. And that played a role in starting these fires.
We know that some resources were provided through the Department of Agriculture to deal with this, but it was not handled appropriately from the reports that we had from the head of the Office of Emergency Services there. It is important for us to do everything that we can to ensure that the loss of life and property is diminished. I am convinced that passage of this conference report will go a long way towards doing just that. And I thank all my friends who played such an important role in making this happen.
Bill Text
2 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 457 Engrossed in House (EH)]
In the House of Representatives, U.S.,
November 21, 2003.
Resolved, That upon adoption of this resolution it shall be in order to
consider the conference report to accompany the bill (H.R. 1904) to improve the
capacity of the Secretary of Agriculture and the Secretary of the Interior to
plan and conduct hazardous fuels reduction projects on National Forest System
lands and Bureau of Land Management lands aimed at protecting communities,
watersheds, and certain other at-risk lands from catastrophic wildfire, to
enhance efforts to protect watersheds and address threats to forest and
rangeland health, including catastrophic wildfire, across the landscape, and for
other purposes. All points of order against the conference report and against
its consideration are waived. The conference report shall be considered as read.
Attest:
Clerk.