07.09.15

Grijalva Says Federal Forest Act “Part of Larger Republican Effort to Shortcut Regulations, Make it Easy for Industry to Cut Down Trees”

Washington, D.C. – Ranking Member Raúl M. Grijalva released the following statement today on H.R. 2647, the so-called Resilient Federal Forest Act, which the House passed a few minutes ago. The bill fails to fully address the Department of the Interior (DOI) and U.S. Forest Service fire budgeting problem, which has led to an especially destructive fire season this year, and severely limits National Environmental Policy Act (NEPA) oversight and judicial review of major forestry decisions.

“This bill is part of the Republican majority’s larger effort to shortcut regulations and make it easier for industry to cut down trees, drill for oil and mine for coal without any regard for environmental risks. They continue to say this bill is about more collaborative forest management. They haven’t collaborated with House Democrats, they haven’t collaborated with the administration and they haven’t collaborated with members of the public who would lose access to the federal decision-making process if this bill passes. There aren’t a lot of stakeholders left to collaborate with.

“They seem to consider any new environmental bill on the floor another chance to weaken NEPA, limit public access to the legal system and starve conservation programs of already limited funding. The fact that this bill does all three is unfortunately no surprise. While I appreciate their willingness to include a provision addressing the devastating costs of fighting wildfires – after Democrats raised the issue in a hearing – I’m troubled by the fact that they’re holding forest health hostage to the fate of unrelated partisan demands they know will not become law. This bill has nothing to do with forest health and everything to do with the same corporate favoritism we see too often from the Republican majority.”

The White House Statement of Administration Policy released July 8 says H.R. 2647 “falls short of fixing the fire budget problem and contains other provisions that will undermine collaborative forest restoration, environmental safeguards, and public participation across the National Forest System and public lands.” The administration strongly opposes the bill.

This year has seen an unprecedented 1.9 million acres burned in Alaska alone, including 500,000 acres burnt in a single day. According to a recent Department of Agriculture report, since 1998 fire staffing has increased by 110 percent while National Forest Service lands management staffing has decreased by 35 percent, putting too much emphasis on addressing the symptoms and not enough on the causes of wildfires.

Quick Facts About H.R. 2647

Weakening NEPA

The bill establishes five new categories of categorical exclusions under NEPA that could result in the authorization of projects up to 15,000 acres with limited environmental review. It requires a NEPA environmental assessment to be completed within three months for a salvage operation or reforestation of National Forest System lands or public lands following a large-scale catastrophic event (over 10,000 acres). It also requires 75 percent of fire-impacted lands to be reforested within a five-year period following the wildfire’s conclusion. The U.S. Forest Service has testified in opposition to these unrealistic timelines and project goals.

Weakening the Judicial Process

The bill requires a party bringing suit on a project developed under a collaborative framework to post a bond covering all government litigation expenses. A plaintiff could only recoup the bond if he or she prevailed on all claims. The bill does not allow litigants to recover attorney’s fees under the Equal Access to Justice Act, breaking a fundamental principle of American law that citizens can hold the government accountable through the courts. The result would be to prevent any plaintiffs except large companies with major financial resources from bringing suit.

Moving Money Away From Restoration

Currently, the Secure Rural Schools and Community Self-Determination Act (SRS) dedicates at least 50 percent of its Title II funding to stream and watershed restoration or road maintenance or removal. H.R. 2647 directs that at least 50 percent of SRS Title II funds in each county be used exclusively for stewardship projects that “include the sale of timber or other forest products” and “implement stewardship objectives that enhance the forest ecosystems or restore and improve land health quality.” This changes the orientation of the program from restoration to revenue-driven timber sales.