Statement of U.S. Senator Tom Harkin (D-IA) Hearing on Healthy Forests Restoration Act Committee on Agriculture, Nutrition and Forestry

STATEMENT OF U.S. SENATOR TOM HARKIN (D-IA) HEARING ON HEALTHY FORESTS RESTORATION ACT COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY

"Good morning. I want to thank Senator Cochran, our Chairman, for holding this important hearing on the "Healthy Forests Restoration Act" as well as Senators Crapo and Lincoln, the chair and ranking member, respectively, of our subcommittee on forestry, for their role in this hearing. Let me also thank all of our witnesses appearing before us today for their participation.

"This legislation seeks to address the very serious issue of protecting people, homes and communities from catastrophic wildfire, and improving the health of our national forests and public lands. We all agree this is a laudable and very critical goal. I hope we can also agree that we have to work together to meet this challenge.

"This problem is many years in the making due in part to past fire suppression activities, excessive timber harvests and drought, which continues to plague our forests. The truth of the matter is it will take very significant investments of time and money to improve this situation. HR 1904 is strongly supported by the Administration and while the hearing is on this bill, we must not let that preclude an even-handed review of the many issues involved - not only the bill itself.

"While it is clear we have to address these issues head-on, it is far from clear that this bill is the most appropriate way to do so. My primary concerns with the bill are three-fold.

"First, the bill lacks sufficient targeting of wildfire protection efforts in the "wildland urban interface," the areas most at risk and in need of immediate assistance. This targeting is essential given the limited financial and human resources that we have available.

"Second, the bill severely limits long-standing administrative protections against excessive agency actions. It makes discretionary the National Environmental Policy Act's

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Harkin, 6/26/03, Healthy Forests Restoration Act

(NEPA) requirement that agencies "look before they leap" and consider alternatives before rushing to judgments and actions that could have negative long-term consequences. In effect, we are being asked to gut what courts have time and again called the very "heart of NEPA." The bill also exempts hazardous fuel reduction projects from the checks and balances in the agency under the Appeals Reform Act and sets up a new and as yet undefined review process for those seeking redress.

"Finally, it includes unreasonable deadlines and requirements that could shut the courthouse door to ordinary citizens seeking to stop unlawful actions by the federal government - and block the courts from doing their job under our Constitution. The bill even seeks to bias courts in favor of agency officials' findings, potentially allowing projects to go forward even if there's a violation of environmental law. These are unprecedented steps that will likely weaken the courts' abilities to protect the public interest.

"While I have many concerns with HR 1904, there are aspects of it that appear deserving of support. These are the areas in which I believe there is much common ground and where we should focus our efforts. For example, the bill references a collaborative process involving many and diverse parties, similar to one adhered to by the Western Governors Association, and widely supported, for better achieving fuel reduction projects.

"Let me also comment very briefly on the war of words that has ensued over the past several years on the wildfire issue. To put it mildly, it is counter-productive, and I think it does a disservice to those whose lives, homes and communities have been severely affected. I am saddened by it, and hope that the Senate will take the high ground, and not let this kind of divisive rhetoric overtake our work to address these matters.

"I look forward to hearing from all of the panelists and again express my gratitude for your appearing before us today."