Forest reform act passes House

The Resilient Federal Forests Act of 2015, which incorporated forest reforms proposed by Montana Congressman Ryan Zinke, passed the House of Representatives Thursday in a 262-167 vote. The bill is intended to expedite forest management practices on federal lands and to strengthen collaborative processes in national forests.

“Today is a good day,” Zinke said. “After more than a decade of inaction, real forestry reform for Montana is within reach. After talking with folks from every side of the issue – conservation, Forest Service, loggers, scientists, local governments, outdoor recreation representatives, etc. – it became clear that incentivizing and rewarding the collaborative process, where local groups work together for a timber project, is the best path forward because it puts Montana in the driver’s seat, not the out-of-state special interests. Responsible timber harvesting is good for the economy and helps prevent catastrophic wildfires. This reform package will mitigate and prevent future catastrophic fires by expediting salvage and thinning projects. As we have already seen at Glacier Rim, this fire season is going to be very active and has the potential to impact hundreds of thousands of acres of our cherished forests.”

The bill, according to the House Committee on Agriculture Report, empowers the Forest Service to implement tools to reduce the threat of wildfire, insect and disease infestation and damage to municipal watersheds through more active stewardship management tools. It builds upon the success of previously-implemented categorical exemptions which are used for routine activities with known outcomes, such as thinning and salvage projects. The tools save the Forest Service time and money by bypassing excessive and unnecessary analysis of projects with known results.

The bill also expedites the ability of the Forest Service to quickly remove dead trees after wildfires, helping pay and pave the way for reforestation efforts and rehabilitation.

The bill includes two legal reform measures aimed at reducing the amount of time and money spent by the Forest Service in litigation over forest projects.

First, the law requires any court hearing a case regarding Forest Service action to evaluate the short-term benefits of decisions versus the long-term ramification of potential damage due to inaction, such as increased fire danger or insect and disease infestation.

The second change is part of the enhanced collaborative process. The bill prioritizes projects agreed to by forest group collaboration. The bill amends the Equal Access to Justice Act by requiring that any person or group filing a legal challenge to a Forest Service project who did not participate in the project’s collaborative effort acquire a bond to repay the government for the cost of litigation should their challenge fail.

Under current law, groups are able to litigate projects without risk, as the Equal Access to Justice Act requirements allow the cost of litigation to be pushed onto the federal government.

“This is a good step for much-needed forestry reform and management,” said David Allen, president and chief executive officer of the Rocky Mountain Elk Foundation. “We want to thank Rep. Westerman, Rep. Zinke and other members of Congress fro passing the measure. This bill would allow proper management of our forests, which has been prevented by a seemingly endless string of frivolous lawsuits. In the end, habitat for elk and other wildlife as well as overall forest health will be greatly improved.”

The bill could represent a glimmer of hope for the depressed economy of Lincoln County, which has suffered with one of Montana’s worst unemployment rates for years as the number of timber projects available has plummeted due to extensive litigation.

“Despite being in a sea of timber, Lincoln County’s unemployment rate is above 10 percent, thanks in large part to lack of management on our federal forests and expensive lawsuits against collaborative timber projects that have hurt our local communities,” said Lincoln County Commissioner Greg Larson. “I am confident Congressman Zinke’s forest reforms will help end the costly lawsuits and also put people back to work. Growing our local economy will provide more revenue for infrastructure, education and other public projects that are critical to our communities.”

The bill has not yet been scheduled for action in the Senate, but Montana’s Sen. Steve Daines said he will push to move the reforms forward as quickly as possible in the Senate.

“I’m encouraged that the House of Representatives has passed critically-needed legislation to improve the health of forests and create good-paying jobs across Montana,” Daines said. “Rep. Zinke’s provisions to discourage litigation and protect Montana-made collaborative projects reflect what I’ve heard repeatedly from Montanans and are vital to restoring active management. In the Senate, I’ll continue working for similar reforms to make our forests more resilient and create more good-paying jobs. With Montana’s forest communities needlessly struggling and the threat of catastrophic fire only growing worse, I will work vigorously to get forest reform legislation signed into law as quickly as possible.”