News Release
Montanans deserve same forest management exemptions as South Dakota, says Governor Martz
Governor supports Daschle Amendment to exempt timber harvests from appeals and litigation
7/25/2002
Todd O'Hair
406-444-3111
mschwarz@state.mt.us
"Senator Daschle's proposal provides provisions that protect the citizens of his state," said Governor Martz. "We are asking that those same measures be provided to protect Montana's citizens."
On behalf of South Dakota, Senate Majority Leader Daschle recently added a 'rider' to a defense supplemental spending bill, providing broad-sweeping exemptions from lawsuits and administrative appeals for the purpose of improving forest health conditions on federal lands. The measure, however, applies only to federal lands in South Dakota.
"Existing administrative and legal processes cannot address the fire danger in time to enable the Secretary of Agriculture to take action to reduce danger," according to the language submitted by Senator Daschle. "Any action authorized by this Section shall not be subject to judicial review by any court of the United States."
In her letter to Senator Daschle, Governor Martz stated, "As Governor of Montana, a state with nearly a third of its lands under federal ownership and a state that has experienced devastating fire seasons in recent years, I applaud you for your leadership to move forest management forward in South Dakota. Given that Montana is facing the same problems the State of South Dakota is facing, on behalf of all Montanans, I encourage you to include the State of Montana in the appropriations language along with South Dakota. I am confident that Montana's Congressional Delegation will support language including Montana in the lawsuit/appeal exemption."
"Montana, like South Dakota, cannot afford to wait for the Forest Service to wind its way through the maze of appeals and litigation to address these critical issues. As our neighboring state, you can surely understand our intense desire to be included in your proposed remedy," said Governor Martz to Daschle.
Governor Martz strongly encouraged Montana's Congressional Delegation to follow Senator Daschle's lead, stating, "the ongoing support of such efforts by a variety of congressional representatives, coupled with this move by Senator Daschle, makes it obvious that this type of action has bipartisan support. I am confident that the Bush Administration would support efforts for states facing similar problems on much larger acreages."
Governor Martz recently testified before the Senate Committee on Energy and Natural Resources in Washington, DC, noting in her testimony that too few funds were available to fight fires on the nation's forests, and highlighting numerous issues with federal forest management practices as they relate to increased intensity of fires in the West.
"Senator Daschle's frustration with the gridlock created by lawsuits and appeals is clearly evidenced in his action. Finally, congressional members on both sides of the aisle are getting an accurate picture of the mess that we've found ourselves in regarding forest management," said Governor Martz. "The system must be broken if the only way the Senate Majority Leader can find to get past the analysis paralysis is congressional action. I hope that this will bring about the changes needed to more effectively manage our national treasures - the nation's forests."
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See Attached Letters to Daschle and the Congressional Delegation
July 25, 2002
Senator Tom Daschle
Majority Leader
Dear Senator Daschle,
As Governor of Montana, a state with nearly a third of its lands under federal ownership and a state that has experienced devastating fire seasons in recent years, I applaud you for your efforts to move forest management forward in South Dakota. The make up of the Senate simply suggests that necessary congressional changes with respect to crucial federal land management issues will not happen without a Democratic champion. Thank you for providing that leadership.
Just last week, I testified before the Senate Energy and Natural Resources Committee on behalf of the Western Governor's Association. In that testimony, I specifically referenced the gridlock facing our federal land managers and asked Congress and the Administration to provide effective and efficient processes to accomplish the task of returning health to our forests. I am pleased you recognize that problem and are moving forward to address that specific issue in your exemption language.
Given that Montana is facing the same problems the State of South Dakota is facing, on behalf of all Montanans, I encourage you to include the State of Montana in the appropriations language along with South Dakota. The U.S. Forest Service administers approximately 19 million acres in Montana, with the Bureau of Land Management administering approximately 8 million acres.
Currently, I am aware of several specific projects to Montana that would fit nicely within the scope of the exemptions you have provided to South Dakota. From protecting municipal water supplies to timely actions on salvage sales to prevent disease spreading effects onto private property, I believe working with Montana's Delegation, you will find excellent examples of the need for expediency.
In the summer of 2000, the State of Montana experienced devastating fires including one fire that consumed over 300,000 acres, directly affecting families and businesses throughout the area and across our state. The conditions facing Montana today are similar to those we faced in the year 2000 and almost identical to the situation facing the citizens in South Dakota. Overgrown forests and a hot dry summer following several years of drought have once again made this state susceptible to catastrophic fires.
Montana, like South Dakota, cannot afford to wait for the Forest Service to wind its way through the maze of appeals and litigation to address these critical issues. As our neighboring state, you can surely understand our intense desire to be included in your proposed remedy.
While supportive of your efforts to address the serious nature of the problem in your home state, I am asking that you also support Senator Conrad Burns and Senator Max Baucus in their efforts to implement similar legislation for Montana.
Again, thank you for recognizing the depth of the problem facing the West. I also thank you in advance for your support of including Montana in any legislation exempting forest management projects from appeals and litigation for forest health and fire hazard reduction actions.
Sincerely,
JUDY MARTZ
Governor
July 25, 2002
Senator Max Baucus
Dear Senator Baucus,
Late yesterday I read of Senate Majority Leader Tom Daschle's effort to address forest health and fuels reduction by inserting language that exempts the U.S. Forest Service from appeals and litigation in his home state of South Dakota. I am encouraged by the action of Majority Leader Daschle.
Given the Majority Leader's acknowledgement of the essential role that proper forest management plays in preventing forest fires, and the serious nature of the issues facing his home state, I would encourage you to include language similar to Senator Daschle's in legislation with regard to the State of Montana.
The ongoing support of such efforts by a variety of congressional representatives, coupled with this move by Senator Daschle, makes it obvious that this type of action has bipartisan support. I am confident that the Bush Administration would support efforts for states facing similar problems on much larger acreages.
As Montana's Senior Senator, I respectfully request that you work with the Montana Regional Forest Office and local Supervisors to identify projects in immediate need of attention. The remedy proposed by the Majority Leader holds encouragement for those local communities in Montana facing the identical problems facing residents of South Dakota.
Specifically, I am aware of at least four projects in Montana that may qualify for exemptions similar to the Majority Leader's request: projects in the Beaverhead-Deerlodge National Forest with regard to the municipal watershed, the Bitterroot National Forest and the salvage/restoration efforts there, the Moose Fire recovery effort in the Flathead National Forest and the restoration efforts in the Lewis and Clark National Forest referred to as the Toston/Maudlow fire salvage.
By allowing the Forest Service to move forward in an expedited manner, the State of Montana has an immediate opportunity to make serious positive improvements in our forest health, while protecting private property and reducing associated costs with fire fighting, all while providing all too needed jobs.
I appreciate the Majority Leader's recognition of the serious conditions facing our rural communities and health of our forests. I am confident that should you introduce similar language, you will have the support of the Majority Leader and members of the Minority.
If I can assist in any way, please do not hesitate to contact me. Thank you for your desire to address this problem.
Sincerely,
JUDY MARTZ
Governor
July 25, 2002
Senator Conrad Burns
Dear Senator Burns,
Late yesterday I read of Senate Majority Leader Tom Daschle's effort to address forest health and fuels reduction by inserting language that exempts the U.S. Forest Service from appeals and litigation in his home state of South Dakota. I am encouraged by the action of Majority Leader Daschle.
Given the Majority Leader's acknowledgement of the essential role that proper forest management plays in preventing forest fires, and the serious nature of the issues facing his home state, I would encourage you to support language similar to Senator Daschle's in legislation with regard to the State of Montana.
The ongoing support of such efforts by congressional representatives such as yourself, coupled with this move by Senator Daschle, makes it obvious that this type of action has bipartisan support. I appreciate the Majority Leader's recognition of the serious conditions facing our rural communities and health of our forests. I am confident that the Bush Administration would support efforts for states facing similar problems on much larger acreages.
The remedy proposed by the Majority Leader holds encouragement for those local communities in Montana facing the identical problems facing residents of South Dakota. I appreciate your efforts to support this approach for Montana critical needs.
Specifically, I am aware of at least four projects in Montana that may qualify for exemptions similar to the Majority Leader's request: projects in the Beaverhead-Deerlodge National Forest with regard to the municipal watershed, the Bitterroot National Forest and the salvage/restoration efforts there, the Moose Fire recovery effort in the Flathead National Forest and the restoration efforts in the Lewis and Clark National Forest referred to as the Toston/Maudlow fire salvage.
By allowing the Forest Service to move forward in an expedited manner, the State of Montana has an immediate opportunity to make serious positive improvements in our forest health, while protecting private property and reducing associated costs with fire fighting, all while providing all too needed jobs.
If I can assist in any way, please do not hesitate to contact me. Thank you for your desire to address this urgent issue.
Sincerely,
JUDY MARTZ
Governor
July 25, 2002
Dear Congressman Rehberg,
Late yesterday I read of Senate Majority Leader Tom Daschle's effort to address forest health and fuels reduction by inserting language that exempts the U.S. Forest Service from appeals and litigation in his home state of South Dakota. I am encouraged by the action of Senate Majority Leader Daschle.
Given the Majority Leader's acknowledgement of the essential role that proper forest management plays in preventing forest fires, and the serious nature of the issues facing his home state, I would encourage you to support language similar to Senator Daschle's in legislation with regard to the State of Montana.
The ongoing support and leadership of such efforts by congressional representatives such as yourself, coupled with this move by Senator Daschle, makes it obvious that this type of action has bipartisan support. I appreciate the Majority Leader's recognition of the serious conditions facing our rural communities and health of our forests. I am confident that the Bush Administration would support efforts for states facing similar problems on much larger acreages.
As Montana's lone voice in the House of Representatives, I appreciate your efforts in this regard. The remedy proposed by the Majority Leader holds encouragement for those local communities in Montana facing the identical problems facing residents of South Dakota.
Specifically, I am aware of at least four projects in Montana that may qualify for exemptions similar to the Majority Leader's request: projects in the Beaverhead-Deerlodge National Forest with regard to the municipal watershed, the Bitterroot National Forest and the salvage/restoration efforts there, the Moose Fire recovery effort in the Flathead National Forest and the restoration efforts in the Lewis and Clark National Forest referred to as the Toston/Maudlow fire salvage. I am sure Regional Foresters and local Supervisors would be happy to assist the Delegation in these efforts.
By allowing the Forest Service to move forward in an expedited manner, the State of Montana has an immediate opportunity to make serious positive improvements in our forest health, while protecting private property and reducing associated costs with fire fighting, all while providing all too needed jobs.
If I can assist in any way, please do not hesitate to contact me. Thank you for your desire to address this urgent issue.
Sincerely,
JUDY MARTZ
Governor
HR4775
SEC. 706. (a) FINDINGS- Congress finds that--
(1) forest health conditions within the Beaver Park Area and the Norbeck Wildlife Preserve within the Black Hills National Forest are deteriorating and immediate action to treat these areas is in the public interest;
(2) the existing settlement agreement in Biodiversity Associates v. Laverty, Civil Action No. 99-N-2173, filed in the United States District Courtfor the District of Colorado on September 12, 2000, (referred to in this Act as the `Settlement') prevents timely action to reduce the risk of wildfire in the Beaver Park Roadless Area;
(3) pending litigation (Sierra Club v. U.S. Forest Service, Civ. No. 94-D-2273 (D. Colorado)) prevents timely action to reduce the risk of wildfire in the Norbeck Wildlife Preserve;
(4) existing administrative and legal processes cannot address the fire danger in time to enable the Secretary of Agriculture to take action to reduce the danger;
(5) immediate action to address the fire danger in an environmentally responsive manner is supported by the State, local counties, local industry users, and some environmental groups;
(6) the addition of 3,600 acres to the Black Elk Wilderness in the Black Hills National Forest is in the public interest;
(7) the State of South Dakota, Lawrence, Meade and Pennington County fire officials are encouraged to identify `fire emergency zone' areas in which public safety may require a moratorium on issuance of new building permits, and identify the changes in conditions (including the adoption of fire-safe building standards) that may be needed to end these moratoria; and
(8) the State of South Dakota is encouraged to take actions as necessary to create a defensible fuel zone within state lands south and southwest of Sturgis.
(b) PURPOSES- The purposes of this Section are--
(1) to authorize and direct the Secretary of Agriculture (in this Section referred to as the `Secretary') to undertake actions to address promptly the risk of fire and insect infestation; and
(2) to designate an addition to the existing Black Elk Wilderness Area in the Black Hills National Forest.
(c) FIRE AND BEETLE RISK REDUCTION IN EXISTING TIMBER SALE ANALYSIS AREAS-
(1) IN GENERAL- Subject to paragraph (2), the Secretary is authorized to treat additional timber within or outside the existing cutting units for the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno and Vanocker timber sales and within the analysis areas for these sales as is necessary to reduce beetle infestation and fire hazard;
(2) CRITERIA- In implementing additional treatments within the timber sale analysis areas referred to in paragraph (1), the Secretary shall use in order of priority the following criteria:
(A) Areas within 1/4 mile of private properties where private property owners have taken or are taking actions to treat their lands.
(B) Stands that are a fire hazard or insect infested, and are near private lands or in proximity to communities.
(C) Areas that have the highest intensity or concentration of insect infestation that will move to other areas.
(D) Stands that are a fire hazard or insect infested, and are near areas of high resource value where retaining green trees is important, such as goshawk nests, sensitive landscapes, recreation areas, and developments.
(E) Stands that are a high fire hazard or insect infested, and are within skidding distance of existing roads.
(F) Concentrations of insect infested trees.
(G) Stands with the highest density that are most susceptible to insect attack and are in close proximity to infested trees.
(3) ADDITIONAL CRITERIA- In carrying out this subsection, the Secretary shall ensure that--
(A) any additional treatment for the Cavern, Kirk, and Piedmont sales shall comply with provisions 6c, d and e of the Settlement;
(B) any additional treatment for the Deadman and Vanocker sales, shall be consistent with the Black Hills Forest Plan, including the `Phase I Amendment'; and
(C) any additional treatment for the Redhill and Danno sales shall comply with the provisions of 7b, c, and g of the Settlement.
(4) SKID TRAILS- Notwithstanding the Settlement, the Secretary may authorize access by skid trails to the additional treatment areas referred to in this subsection to remove or treat infested stands, except that the skid trails otherwise restricted by the settlement shall be restored to pre-existing conditions upon completion of treatment activities.
(5) COMPLETION OF TREATMENT ACTIVITIES- The Secretary shall request timber purchasers to give priority to completing treatment within the Piedmont, Kirk, Redhill, Cavern, Deadman, Danno, and Vanocker timber sale areas to address fire issues and beetle outbreaks.
(d) OTHER TREATMENTS-
(1) BUFFER ZONES- The Secretary is authorized to reduce risk to private property adjoining the Black Hills National Forest by treating insect infested trees, dead trees, and downed woody materials on National Forest System lands in T5N, R5E, BHM, Section 35, and T4N, R5E, BHM, Sections 1, 2 and 12 within 200 feet of adjacent private property. The treatments shall comply with the goshawk nest protections and snail protections in provisions 6c and 7g of the Settlement.
(2) ADDITIONAL TREATMENTS- The Secretary is authorized to treat for insects and fuel reduction National Forest System lands within 1/4 mile of private property and other non-National Forest System lands near the community of Sturgis, and shall include, where feasible, the following locations:
(A) in T5N, R5E, BHM within 1/4 mile of the exterior boundary of the Black Hills National Forest in--
(i) Section 35;
(ii) Section 27;
(iii) Section 21;
(iv) Section 20; and
(v) Section 18.
(B) in T5N, R4E, BHM--
(i) Section 13;
(ii) Section 11;
(iii) Section 2;
(iv) Section 3; and
(v) Section 4.
(3) FUEL BREAKS- The Secretary shall establish 400-foot fuel breaks as depicted on the map entitled `Beaver Park Fuel Breaks and Fuel Treatment Areas,' dated June 11, 2002. In establishing the fuel breaks, the Secretary--
(A) shall not enter any 30-acre area around historic or active goshawk nest sites identified in Exhibit B1 of the Settlement; and
(B) shall use best efforts to retain the largest green trees and large snags.
(4) LIMITATION- Treatment actions outside of the Beaver Park Roadless Area authorized by subsection (c) and subsection (d)(1), (2), and (3) shall be limited to no more than 8,000 acres of National Forest System land, pending the issuance of a decision on the proposed Elk Bugs and Fuel project.
(5) FORBES GULCH- To reduce concentrated heavy fuels, the Secretary is authorized to treat not more than 700 acres within the area identified as Forbes Gulch on the map referred to in paragraph (3). Such treatments shall not involve commercial timber sales or road construction, except that the Secretary may permit firewood cutters to remove the timber without construction of any roads. In carrying out the treatments authorized by this paragraph, the Secretary--
(A) may use the Forbes Gulch unclassified road for motorized equipment and vehicles to facilitate ingress and egress of equipment and personnel and may maintain this road to minimum standards necessary for safety and resource protection;
(B) may utilize helicopters to fly in heavy equipment (such as industrial chippers and small tractors) to assist with the project;
(C) shall use best efforts to retain the largest green trees and large snags;
(D) may construct two 10-acre safety zones; and
(E) shall reduce the stand structure to no less than 40 square feet basal area per acre of live trees, if available.
(e) FIRE SUPPRESSION ACCESS IN THE BEAVER PARK ROADLESS AREA-
(1) PRE-SUPPRESSION PLAN- The pre-suppression plan for the Beaver Park Roadless Area provided for in the Settlement may provide for actions authorized by this section, and shall be completed as soon as practicable.
(2) IMPROVED ACCESS- The Secretary is authorized to provide for improved fire equipment access at the perimeter of the Beaver Park Roadless Area by improving classified Forest Roads 139.1, 169.1b, 169.1d, and 139.1b. Such improvements shall be the minimum necessary for crews, equipment and single axle wildfire trucks and may include removing selected trees along roads, constructing pull-outs and turn-arounds, smoothing road surfaces in rough spots, and straightening some corners.
(3) FORBES GULCH UNCLASSIFIED ROAD- To protect public safety and reduce fire risks, the Secretary shall prohibit public access year-long on the Forbes Gulch unclassified road. The Secretary shall conduct a roads analysis process as provided in Forest Service Manual 7710 and the necessary level of analysis and documentation pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) (in this Section referred to as `NEPA') before making a decision to open to public motor vehicle use the Forbes Gulch unclassified road identified on the map entitled `Beaver Park Fuel Breaks and Fuel Treatment Areas,' dated June 11, 2002. Except as provided in subsection (d)(5) and until a decision is issued, the Secretary shall not maintain the Forbes Gulch unclassified road and shall prohibit public access on the road.
(4) HELISPOTS- If sufficient openings for helispots are not available in the Beaver Park Roadless Area, the Secretary is authorized to construct two 5-acre helispots within the Area to transport firefighters and fire equipment into and out of the area.
(5) EASEMENTS- To facilitate firefighter access into, and escape routes from, Beaver Park Roadless Area, the Secretary shall attempt to acquire easements from the exterior Forest Service boundary to I-90 on the eastern side of Beaver Park Roadless Area, at a minimum, along Tilford Gulch, Forbes Gulch, Pleasant Valley and Bulldog Gulch.
(f) NEEDLES TIMBER SALE AREA-
(1) NEEDLES TIMBER SALE- The Needles Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the `Burns/Carter memorandum' dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor's office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber.
(2) RESEARCH COMMITTEE- By December 1, 2003, the Secretary shall select a committee composed of research scientists who are federal employees to recommend an old growth research area within the Needles area (outside the Needles Timber Sale cutting units). By December 1, 2004, the committee shall make its recommendation to the Secretary. The committee's recommendation shall be subject to public notice, review and comment.
(g) GRIZZLY TIMBER SALE- The Grizzly Timber Sale shall proceed after the Secretary makes modifications in implementation of the Decision Notice to further benefit game animals and birds, as reflected in the memorandum known as the `Burns/Carter memorandum' dated November 10, 1999, and maintained in the Black Hills National Forest Supervisor's office. The standards to which any road is constructed for the timber sale shall be the minimum necessary to access and remove timber.
(h) NORBECK- The Secretary is authorized to use the full spectrum of management tools including prescribed fire and silvicultural treatments to benefit game animal and bird habitat in meeting the purposes of the Norbeck Organic Act. The management actions required by subsections (f)(1) and (g) are deemed consistent with the Norbeck Organic Act (16 U.S.C. 675-678b).
(i) NORBECK MEMORANDUM OF UNDERSTANDING- By December 1, 2003, the Secretary shall propose a Memorandum of Understanding with the South Dakota Department of Game, Fish and Parks to, at a minimum, adopt procedures to monitor the effects of management activities, consult on habitat management, concur on program areas of responsibility, and review and recommend as needed any changes to Norbeck Wildlife Preserve direction contained in the 1997 Revised Forest Plan and future plan amendments and revisions. The basis of the MOU will be the guidelines set forth in the May 21, 2002 memo by SDF&P.
(j) PROCESS- Due to the extraordinary circumstances present here, actions authorized by this section shall proceed immediately and to completion notwithstanding any other provision of law including, but not limited to, NEPA and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102-381 sec. 322). Any action authorized by this Section shall not be subject to judicial review by any court of the United States. Except as provided by this Section the Settlement remains in full force and effect.
(k) EFFECT OF ACTIONS- Except for those actions required by subsections (f)(1) and (g), the Secretary shall disclose the effect of actions authorized by this Section in the proposed Elk Bugs and Fuels project cumulative effects analysis for past, present, and reasonably foreseeable future actions. The decision for the Elk Bugs and Fuels project shall be issued not later than July 1, 2003.
(l) RESEARCH NATURAL AREA- Except as provided in this Section, the Secretary shall undertake no additional ground disturbing or vegetation removal activities within the Beaver Park Roadless Area until completion of the Phase II amendment to the Black Hills National Forest Plan. The Secretary shall analyze the Beaver Park Roadless Area for suitability as a Research Natural Area, as required by the Settlement. The Secretary shall not consider any of the actions authorized or required by this section to affect the suitability of the Beaver Park Roadless Area for designation as a Research Natural Area.
(m) ROADLESS CHARACTER- The actions authorized by this section will not affect the determination of the Beaver Park Roadless Area's wilderness capability, wilderness suitability, and/or roadless character.
(n) WILDERNESS DESIGNATION- Section 103 of Public Law 96-560 is amended by--
(1) inserting `(1)' after `National Wilderness Preservation System:'; and
(2) adding before `: Provided, That' the following: `; and (2) certain lands in the Black Hills National Forest, South Dakota, which comprise approximately three thousand six hundred acres, as generally depicted on a map entitled `Black Elk Wilderness Addition-Proposed,' dated June 13, 2002, and which shall constitute an addition to the existing Black Elk Wilderness'.
(o) REPORTING- The Secretary shall report to the Congress on the implementation of this section on or by November 30, 2002, June 30, 2003, and November 30, 2003.
