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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

MT Lowdown: Tester to unveil new forest bill draft details Thursday

by: Matthew Koehler

Wed Jun 16, 2010 at 15:08:12 PM MST


( - promoted by Jay Stevens)

According to John S. Adams at Montana Lowdown:

"Sen. Jon Tester will hold a conference call with reporters tomorrow [Thursday] morning to share details of a new draft of his Forest Jobs and Recreation Act. It's not yet clear whether a full version of this latest draft will be available tomorrow or not."

As it stands right now, it sure seems as if the ENR Committee's draft (PDF Link available here) is far superior to Senator Tester's FJRA as originally introduced...so it will certainly be interesting to review the new FJRA draft coming from Senator Tester's office tomorrow.

It's unfortunate that Senator Tester proclaimed the ENR Committee's draft "Dead On Arrival."  In my view, the ENR Committee's draft is a giant step in the right direction and certainly worthy of consideration.  The fact of the matter is that the ENR Committee's draft would protect over 660,000 acres in Montana as Wilderness, which is one of the big goals we've heard touted by the collaborators.

Matthew Koehler :: MT Lowdown: Tester to unveil new forest bill draft details Thursday
However, the Committee's draft would not undermine Wilderness by allowing the military helicopters to land in the Highlands Wilderness or sheep ranchers to ride their ATV's in Wilderness, as Tester's original bill allowed.

How could these not be viewed as positive steps by anyone who loves and appreciates Wilderness and understands it's unique place on the landscape? Seems that by any objective measure, when it comes to Wilderness designation that the ENR Committee draft is superior to Tester's FJRA. So I'd encourage the public to compare the positive wilderness protection steps taken in the ENR Committee's draft with what Senator Tester releases to the media tomorrow.

The ENR Committee's draft would also establish a "National Forest Jobs and Restoration Initiative" that would "preserve and create local jobs in rural communities...to sustain the local logging and restoration infrastructure and community capacity...to promote cooperation and collaboration...to restore or improve the ecological function of priority watersheds...to carry out collaborative projects to restore watersheds and reduce the risk of wildfires to communities." Much of this work would be carried out through stewardship contracting.

Again, aren't these the types of goals and restoration and fuel reduction projects to create local jobs that supporters of Tester's bill have touted? If so, why would the ENR Committee's draft be "DOA?"

If Tester's bill was never about logging anyway (as most of the supporters defensively claimed), then what does it matter if the Committee's draft drops the controversial logging mandates on the Beaverhead-Deerlodge and Kootenai National Forests?

After all, the head of the US Forest Service said about the logging mandates at the Senate hearing:

"The levels of mechanical treatment that are called for in S1470 are likely unachievable and perhaps unsustainable...If the Committee decides to go forward with a bill, we would urge you to first, alter or remove the highly specific timber supply requirements, which in our view are not reasonable or achievable."

And even The Wilderness Society, a supporter of Tester's bill, questioned the mandated logging in their official Senate testimony:

"We oppose Congressionally mandated treatment levels in the bill because they, a) neglect the root causes of the problems this bill is intended to address, b) set an adverse national precedent, c) create unreasonably high expectations, d) fail to provide the agency the resources it needs to do its job, and e) most important, we do not believe this approach will work on the ground....Based on consultation with NEPA experts, we do have concerns that some of the specific language in this section of S. 1470 could effectively undermine the application of NEPA and its implementing regulations."

Or how about the fact that the Committee draft drops Senator Tester's arbitrary 12-month timeline for environmental analysis under the National Environmental Policy Act? Which, I should mention, is the same type of short-cutting of environmental review and analysis done to approve of BP's oil well in the Gulf of Mexico.

After all, even the head of the Forest Service opposed Senator Tester's NEPA timeline during the hearing:

"We'd like to urge you to amend the National Environmental Policy Act related provisions, which in our view are flawed and are legally vulnerable."

And don't forget that the ENR Committee draft dropped all the budgetary issues, which the actual language of Tester's original FJRA raised.  Remember this statement from the head of the Forest Service during the hearing?

"We would urge you to consider the budgetary implications to meet the bill's requirements.  If we were to go forward with S1470 it would require far greater resources to do that and it will require us to draw these monies from forests within Region One or from other Regions....My concern [with FJRA] is that there will be somewhat of a balkanization that occurs between the different Forest Service regions in the country. Those [National Forests] who are first in may get funded and those who come later may  find there are less funds available.  There will be certain 'haves' and 'have nots' that result from this process.  Then in someways there is no longer a national review, an effort to sift out what priorities ought to exist across the country."

Let's hope that Senator Tester's new draft deals with these serious financial and balkanization concerns brought up by the head of the agency and many conservation groups from Montana and the country.

The Committee's new draft also adds language requiring that any project carried out under the bill must maintain old growth forests and retain large trees, while focus any hazardous fuel reduction efforts on small diameter trees. Again, Senator Tester's original bill didn't do this, so the public should compare the ENR Draft with Sen Tester's new version when he makes it available.

The bottom line here is that, while not perfect, the revisions in the ENR Committee's draft are all steps in the right direction and therefore certainly worthy of consideration by Senator Tester and the collaborators, especially if the goal is passing a bill to protect a little Wilderness in Montana and get some watershed restoration and fuel reduction work accomplished.  Let's hope Senator Tester and the collaborators gave the ENR Committee's discussion draft significantly more consideration than just proclaiming it "Dead On Arrival." I guess we'll just have to wait and see what they came up with.

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Senate ENR Committee approves 26 bills this week, but not Sen Tester's (0.00 / 0)
I had to chuckle a little when I read the comments from Mr. Furshong, MWA's FJRA organizer over at George Wuerthner's excellent perspective piece on Tester's bill over at NewWest.net titled "Tester's Response Poor Strategy"  http://www.newwest.net/topic/a...

Mr. Furshong stated:

"Wilderness philosophers from other states can postulate all they want about Montana politics - such chatter will never result in actual legislation to protect 500,000 acres of ground in the largest National Forest in the lower 48 states and create new jobs at Montana mills that have a record of stewardship best practices.

You know what? Mr. Furshong's dismissive comment is striking when compared with the fact that just this week the Senate's Energy and Natural Resources Committee approved 26 bills establishing new Wilderness areas and dealing with other public lands issues. Those 26 bills were approved by the ENR Committee en bloc, by unanimous consent.

Reader's will recall that Senator Tester's FJRA is currently before this same Senate ENR Committee. Sometime in May, the ENR Committee sent Senator Tester a draft revision of this bill, which his office shared with the collaborators. Once the media questioned Senator Tester about the ENR's draft he proclaimed it "Dead on arrival."

So now, on June 20, the Senate ENR Committee approved 26 bills dealing with Wilderness and public lands issues

Something I'd encourage Wilderness supporters to consider is the very likely fact that if Senator Tester and the collaborators (Mr. Furshong and MWA included) would have accepted the ENR Committee's draft revisions when they were shared about a month ago, it too would have been approved by the Committee this week.

So despite Mr. Furshong's claim that "such chatter will never result in actual legislation" it sure seems to me that MWA and the other collaborator's insistence on mandated logging and motors in Wilderness might have cost all of us the opportunity to designate over 660,000 acres as Wilderness and get some good restoration and fuel reduction work accomplished as proposed in the ENR Committee's draft.

Some details of the ENR Committee's draft:

• It would protect over 660,000 acres in Montana as Wilderness. However, it doesn't undermine Wilderness by allowing military helicopters to land in Wilderness or ranchers to ride their ATV's in Wilderness, as Senator Tester's draft allows.

• It drops the controversial and unprecedented mandated logging levels on the Beaverhead-Deerlodge and Kootenai National Forests. It adds language requiring that any project carried out under the bill must fully maintain old growth forests and retain large trees, while focus any hazardous fuel reduction efforts on small diameter trees.

• It would also establish a "National Forest Jobs and Restoration Initiative" that would "preserve and create local jobs in rural communities...to sustain the local logging and restoration infrastructure and community capacity...to promote cooperation and collaboration...to restore or improve the ecological function of priority watersheds...to carry out collaborative projects to restore watersheds and reduce the risk of wildfires to communities." Much of this work would be carried out through stewardship contracting.


some old wilderness allies from oregon just told me tester's bill is dead (0.00 / 0)
but they refuse to allow me to quote them as it is leaked out of committee.

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