The Lie: The salvage amendment allows "logging without laws"

Prior to final House passage, the President successfully added a provision giving the Secretary of Agriculture discretion to administer the salvage sale program consistent with all environmental laws and standards: "I do appreciate the changes that the Congress has made to provide the Administration with the flexibility and authority to carry this program out in a manner that conforms to our existing environmental laws and standards." President Clinton, June 29, 1995 (letter to Speaker Newt Gingrich).

Immediately following the inclusion of the above bill language, Secretary of Agriculture Dan Glickman committed to follow all environmental laws and standards: "I want to be clear that the Forest Service will not offer timber sales under this authority that violate existing environmental standards or the spirit and intent of any environmental laws." Secretary Dan Glickman, June 29, 1995 (letter to Speaker Newt Gingrich).

Again, following passage by the Senate, the President reconfirmed the salvage provision's consistency with existing environmental laws: "The final bill does contain changes in the language that preserve our ability to implement the current forest plans and their standards, and to protect other resources such as clean water and fisheries." President Clinton, July 21, 1995 Press Release.

Four days after the President signed the salvage bill into law, he instructed agency leaders to develop a memorandum of agreement to assure proper coordination among implementing agencies and adherence to all environmental laws: "Public law 104-19 gives us the discretion to apply current environmental standards to the timber salvage program, and we will do so. With this in mind, I am directing each of you, and the heads of other appropriate agencies, to move forward expeditiously to implement these timber-related provisions in an environmentally sound manner, in accordance with my Pacific Northwest Forest Plan, other existing forest and land management policies and plans, and existing environmental laws." President Clinton, August 1, 1995 (letter to Cabinet Members).

Finally, the Memorandum of Agreement, signed by Cabinet and Agency leaders, commits signatories and their staff to carry out salvage law provisions in a manner consistent with environmental laws and standards: "In particular, the parties agree to implement salvage sales under Public Law 104-19 with the same substantive environmental protection as provided by otherwise applicable environmental laws and in accordance with the provisions of the MOA.... Adhere to the standards and guidelines in applicable Forest Plans and Land Use Plans and their amendments and related conservation strategies including, but not limited to, the Western Forest Health Initiative and those standards and guidelines adopted as part of the President's Forest Plan for the Pacific Northwest, PACFISH, INFISH, and Red-cockaded Woodpecker Long-Term Strategy,..." MOA, August 9, 1995.

The Sierra Club Legal Defense Fund filed a complaint with the North American Commission for Environmental Cooperation (CEC) claiming the salvage law "suspends enforcement of U.S. environmental laws for a massive program on U.S. public lands." On December 8, the CEC rejected the petition stating that U.S. agencies, "may still vigorously enforce the environmental laws in question."

The Lie: The salvage law permits unregulated logging of old growth forests.

Congress included provisions in the salvage law that released previously offered legal timber sales in Oregon and Washington containing come older trees. If breached, the contracts pose a $100 million liability to the government, while the U.S. Treasury has the potential to gain $300 million if the timber is harvested. The total volume from the sales is approximately 650 million board feet, slightly over half of what the President's plan promised every year for the region. Most of the sales were initially authorized through negotiations between environmentalists, government, and the timber industry under Section 316 of the 1990 Appropriations Act and again approved through biological reviews in the President's Northwest Forest Plan.

The Lie: The salvage law limits citizen participation.

The prevention of delays by administrative appeals stipulated in the law moved public participation from the end of the process, where costly road blocks occur, to the beginning of the process, where meaningful input benefits environmental goals before the timber is harvested. Moreover, the Memorandum of Agreement assures adequate citizen participation: "Involve the public early in the process so that there is an opportunity to provide input into the development of salvage sales, particularly in recognition of the importance of public involvement..." MOA, August 9, 1995.

The Lie: The salvage law results in a net loss to taxpayers.

The commercial value of dead trees is progressively eroded throughout the first two years of mortality. The purpose of the salvage bill is to expedite the harvest of dead trees before economic value is lost. If the salvage bill is implemented as intended, the Congressional Budget Office estimates a net profit to the U.S./ Treasury of $37 million, with estimates up to $650 million even after millions of dollars are returned to the counties where the timber was harvested for payment to schools and roads. The more expeditiously the salvage is offered, the greater the returns to the Treasury.

The Lie: Salvage logging removes the large valuable trees and leaves the small trees, resulting in increased fire threat.

The definition of "salvage" under the emergency salvage law includes smaller diameter trees that threaten the health of the remaining larger trees. Timber sales in California have included an increasing proportion of small diameter, non-merchantable material. In 1995, 45% of the timber harvested was other than sawtimber, trees suitable for lumber. The primary product of many salvage timber sales is small tree biomass, which if left in the forest can create increased fire danger. Because of their low economic value, biomass sales require additional funding that can be provided from the larger trees without taxing the U.S. Treasury. These larger trees can be harvested only within the myriad of other regulations applicable to federal land management. However, the salvage law includes a provision that supports small tree sales without the large tree component: "Salvage timber sales...shall not be precluded because the costs of such activities are likely to exceed the revenues derived from such activities." Public Law 104-19.

The Lie: Thousands of small trees regenerate following logging, increasing the risk of fire.

The natural reforestation of previously logged timber sales exemplifies the fertility of American forests. For centuries, native Americans restricted forest regeneration by regular forest burning. Following the advent of settlement, fires were suppressed, allowing millions of seedlings to grow. Today, those seedlings are 80 years old and 20" - 30" in diameter. Their density and rapid growth have depleted nutrient levels and contributed to the forest health crisis. Under the provisions of the salvage law, the trees that fire would have destroyed can now be used for forest products.

The Lie: The President was misled about the salvage law.

The President, upon the advice of his staff and a host of environmental organizations, negotiated two important modifications before he agreed to sign the 1995 Rescissions Bill containing the salvage provision: the first allows his agencies to follow existing environmental laws and standards; and, the second terminates the salvage law on December 31, 1996 while President Clinton still has control of the administering agencies. It is time to quit arguing about the law, and do what the President challenged us to do: "I would hope that by working together we could achieve a full array of forest health, timber salvage and environmental objectives appropriate for such a program." President Clinton, June 29, 1995 (letter to Speaker Newt Gingrich).

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