Published by the California Forestry Association monthly. Address questions or comments via our cfa e-mail link or to: 300 Capitol Mall, Suite 350, Sacramento, CA 95814 (916) 444-6592, FAX 444-0170, e-mail: cfa@cwo.com

May 1996

What’s Inside:

Lead Story

SNEP Delays CASPO EIS

Federal News

No Regulation Without Representation!

Liberal Washington Press

State News

Assembly Gives Approval to Fire Plan Funding

TMDL Policy Ready for Consideration

Endangered Species and Forestry Legislation Passes

CFA Bills Scheduled for June Hearings

Fire Season Declared!

Forest Management & Legal Affairs

Legal Affairs Update

USFS Impements Debarment & Suspension Regulations

Guest Opinion

Environmentalists Target Churches

SNEP Delays CASPO EIS

U.S. Forest Service (USFS) Deputy Chief Dave Unger announced at a congressional oversight hearing held May 21, that the California Spotted Owl Environmental Impact Statement (CASPO EIS) would be delayed pending the release of the Sierra Nevada Ecosystem Project (SNEP). The surprise announcement dominated the discussion at the hearing which was held to review the progress on the Interior Columbia Basin, Southern Appalachian and SNEP Forest Service assessment projects.

SNEP will be delivered to Congress, Interior Secretary Babbitt and Agriculture Secretary Glickman on June 7. Regional Forester Lynn Sprague has requested a briefing from the SNEP science team that same day. Mr. Unger and Mr. Sprague pledged to expeditiously evaluate the SNEP data in relationship to the data used in the CASPO EIS. Options to include the new data in the CASPO EIS range from an acknowledgment in the Record of Decision for the need of future amendments, minor adjustments in the Record, and even issuance of a new draft EIS. Depending on the perceived significance of the SNEP data, the CASPO EIS could be released within a few days or delayed for months and even years.

SNEP is an assemblage of data translated into various management scenarios. The report stops short of making decisions. Because it has not been publicly reviewed, adoption of its assessments must be either legislated or ultimately addressed in a National Environmental Policy Act document. The National Parks, Forest and Lands Subcommitee (Subcommittee) was concerned that the report is not being issued in draft form as originally requested in the authorizing legislation. A draft report would have allowed both public and political involvement in the formulation of the scenarios. Due to time constraints, the USFS directed the SNEP team to forego the draft report.

The USFS acknowledged that the SNEP report was a congressional study, guided by unpassed legislation and congressional letters to the agency. The USFS therefore agreed to allow the Subcommittee first rights to review, accept and enact SNEP, if they chose to do so. The Subcommittee also expressed extreme concern over any further delay in releasing the CASPO EIS, which is now complete and more than one year past due. At the hearing, panelists recounted the significant impacts on Sierra counties from the current interim guidelines in place dictating management of Sierra Nevada national forests.. The Subcommittee noted that the CASPO EIS would be a valuable tool for evaluation of the SNEP report. Considering all the facts, the Subcommittee urged the USFS to move forward with the immediate release of the CASPO EIS.

No Regulation Without Representation!

The Competitive Enterprise Institute (CEI) praised a new legislative proposal by Rep. Lamar Smith (R-TX) to improve health, safety and economic regulations by establishing direct congressional accountability for regulatory outcomes and costs.

According to CEI Fellow in Regulatory Studies Clyde Wayne Crews, Jr., “Regulation costs the public an estimated $647 billion in 1994, or over $6,000 per family. That s triple 1994 s $203 billion federal deficit, and more than 1/3 the level of federal spending. All told, government absorbs nearly 1/3 of GNP. Looked at another way, $647 billion is more than the entire GNP of Canada, and more than the combined GNPs of Australia and Mexico.”

“If America s regulatory costs are enough to operate entire nations, surely citizens have a right to hold those elected representatives accountable for those costs,” Crews added. “Lamar Smith s new legislation will protect the public from regulation without representation. ”

CEI is a non-profit, non-partisan public policy group dedicated to free markets and limited government. For more information, call Wayne Crews at (202) 331-1010.

Liberal Washington Press

(Source: Ron Stockman, stockman@ psyber.com; Human Events, Inside Washington, p.3, April 26, 1996)

A new survey released this week by the 1st Amendment group Freedom Forum, again confirms what most conservatives have long known: The Washington press corps is far to the left of the country in general.

The Roper Center and the Freedom Forum jointly sent a questionnaire to all Washington bureau chiefs and congressional correspondents last fall; 139 of 323 responded. Of those, only nine percent identified themselves as “conservative” or “moderate to conservative,” compared to 61% who said they were “moderate to liberal” or “liberal.”

Fully half are registered Democrats, 37% called themselves Independents, while a meager four percent identified themselves as registered Republicans. Their presidential voting was even more lopsidedly liberal. Eighty-nine percent admitted they voted for Clinton - more than double the 43% he received nationwide. A microscopic seven percent voted for Bush.

Of course, most of these journalists insist that their own ideological leanings don t affect their judgment about the news. Don t believe it.

One of the most important political stories of this decade was the Republican “Contract with America.” In keeping with promises in the Contract, the Republican Congress passed and sent to President Clinton a balanced budget, tax cuts, welfare reform and higher defense spending. Yet only three percent of the respondents to the Freedom Forum poll viewed the Contract as a “serious reform proposal,” while 59% believe it was an “election-year ploy.”

Staff contact: Melinda Terry

Assembly Gives Initial Approval to State Fire Plan Funding

The Assembly Budget Subcommittee on Resources approved the Department of Forestry and Fire Protection s budget increase request of $800,000 to fund the Fire Plan approved by the Board of Forestry. The budget increase proposes to fund a three-year commitment to fire prevention while reducing government costs and citizen losses from wildland fires by increasing initial attack success and protecting property through focused prefire management prescriptions. The Senate Budget Subcommittee on Resources must now approve the appropriation.

TMDL Policy Ready for Consideration

Pursuant to a recent “Total Maximum Daily Load” (TMDL) workshop, the Board of Forestry and Water Quality Control Board staff have developed a Joint Policy Statement between both agencies and will present it to the Ecosystem Management Committee at the June Board of Forestry hearings. The recommendations include: 1) the Board of Forestry, Department of Forestry, and state and regional boards must work cooperatively in developing and implementing TMDL plans; 2) TMDL plans for listed water bodies must be prioritized and scheduled due to resource and funding constraints; 3) policies must recognize that the quality of currently available information regarding the condition of beneficial uses varies widely; 4) each TMDL management plan will need to identify the status of the beneficial uses, any related quantifiable target(s), sources of pollution, and an implementation strategy to meet the target which may include restoration and reclamation projects; and 5) any TMDL process should involve public participation.

Endangered Species and Forestry Legislation Passes

AB 3084 (Olberg), which proposes to exempt landowners submitting Timber Harvest Plans (THP) from obtaining a 1603 agreement from a Department of Fish and Game warden, cleared another legislative hurdle when it passed the Assembly Appropriations Committee. CFA sponsored this legislation to eliminate the duplicative requirements to address stream crossings in a 1603 agreement and again in a THP. AB 3084 must be heard and passed in the full Assembly by the legislative deadline of May 31, 1996 to proceed to the Senate.

AB 3082 (Olberg), which would reinstate the three-acre THP exemption through statutory law was approved by the Assembly. The California Department of Forestry is the sponsor of the bill. AB 3082 will now go to the Senate Natural Resources and Wildlife Committee for a hearing sometime in June.

Two bills to improve the California Endangered Species Act (CESA) are pending approval by the full Assembly after clearing the Assembly Appropriations Committee. AB 3150 (Olberg), would authorize the California Fish and Game Commission (Commission) to grant a Section 2081 “take” permit under CESA. The bill would require the Commission to adopt reasonable procedures and time-lines when considering a permit request. Under AB 3150, a permit would be automatically approved if not acted upon within a 180-day deadline. If an applicant has already been issued a “take” agreement under the Federal Endangered Species Act, then this bill would relieve them from the duplicative requirement to obtain the approval of the California Department of Fish and Game. AB 3151 (Olberg) would conform the California Endangered Species Act to the Federal Endangered Species Act by eliminating California s current protection of pre-listed (candidate) species before complete review of scientific data and determination that a listing is warranted. If passed by the Assembly by May 31st, both of these bills will be scheduled in the Senate Natural Resources Committee in June. Both measures are sponsored by the California Building Industry Association.

The Senate Natural Resources Committee failed to pass two forestry bills by Assemblyman Bernie Richter (R-Chico) at its May 14th hearing. AB 169 proposes to extend the THP implementation time-frame from three to five years, with provisions for an additional five years under specified conditions, or as part of an approved Sustained Yield Plan. AB 169 is scheduled for a vote at the June 11th hearing. AB 711, which would allow all non-industrial forest landowners to utilize the Non-industrial Timber Management Plan (NTMP) by removing the 2,500 acre limitation and allowing even-aged management, was not voted on. An interim informational hearing on the bill is being planned.

CFA Bills Scheduled for June Hearings

AB 1385 (Woods) is scheduled to be heard in the Senate Natural Resources Committee on Tuesday, June 11. Sponsored by CFA, this bill proposes to legislatively clarify that the Timber Hrvest Plan (THP) process is covered only by rules adopted by the Board of Forestry and not the California Environmental Quality Act. AB 1357 (Knowles), which would allow for THP exemption of commercial forest thinning operations for fire hazard reduction, is scheduled for a hearing on Tuesday, June 25, in the Senate Natural Resources Committee. Please write or call Senators Mike Thompson (D-St. Helena), Patrick Johnston (D-Stockton), and Lucy Killea (I-San Diego) to express your support of AB 1385 and AB 1357. Letters should be addressed to the individual Senators and mailed c/o: The California State Senate, P.O. Box 942848, Sacramento, CA 94248-0001.

Fire Season Declared!

Due to a lack of rain in southern California, the Department of Forestry and Fire Protection (CDF) formally declared the beginning of the 1996 fire season as of 6:00 a.m., May 6th in southern California. Thanks to normal and above normal rainfall this winter in northern California, CDF expects to declare the beginning of this year s fire season for the rest of the state in early June. CDF reported that damage from 1995 fires throughout the state dropped well below the five-year average. CDF credits this drop partly to mild summer weather, but also cited the growing awareness of fire prevention measures by Californians. Part of CDF s effort to enlist the public s assistance includes an active hotline, (1-800-47-ARSON), to anonymously report information regarding suspected arson fires. CDF has already made 14 arrests on 19 counts of arson this year. Despite increased public awareness, low rainfall in many areas of the state has resulted in an increase of over 100 times more acres burned through this same time last year. As of May 3, CDF has responded to 872 wildland fires, that have burned 26,225 acres. May 19-25, 1996 was declared by Governor Pete Wilson as Wildfire Prevention Week.

Staff contact: Mark Rentz

Legal Affairs Update

California Forestry Association v. U.S. Forest Service, et al. (SNEP lawsuit): The Court of Appeals for the District of Columbia denied our motion for injunction pending appeal and to expedite appeal. We are waiting for the Court of Appeals to issue a briefing schedule. This appeal involves our action against the U.S. Forest Service for violations of the Federal Advisory Committee Act (FACA) during the agency s environmental analysis for the California spotted owl Environmental Impact Statement (EIS). The federal district court had previously ruled that FACA was inapplicable when a federal agency is completing a congressional report.

Marbled Murrelet and Bruce Babbitt v. Pacific Lumber Company, et al. (No. 95-16945): The 9th Circuit reversed a district court order and ruled in favor of Pacific Lumber Company, et al. The Appeals Court held that because the U.S. Fish and Wildlife Service (USFWS) did nothing more than provide consultation and information under its power to enforce Section 9 of the Endangered Species Act (ESA), there was no evidence of federal discretionary involvement or control over the companies proposed timber harvesting activities. The Court concluded that there was no agency action and therefore the USFWS did not have to complete a biological assessment and biological opinion as required under Section 7 of the ESA. Furthermore, since there was no “agency action” under ESA, there was no “major federal action” triggering the requirements of the National Environmental Policy Act.

Marbled Murrelet and Bruce Babbitt v. Pacific Lumber Company, et al. (No. 95-16504): The 9th Circuit upheld a district court decision that threat of future harm to a species (i.e. marbled murrelet) protected under the ESA supports a permanent injunction against logging corporate lands consisting of old-growth forests. The Court rejected the notion that the Supreme Court opinion in Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon required evidence of past harm to a protected species before an injunction may be issued.

Recent Filing

Pacific Lumber Co. has sued the federal government in the Court of Federal Claims in Washington, D.C. for damages resulting from logging prohibitions on company-held lands in Humboldt County. The company maintains that the prohibitions, the result of USFWS proposed designation of critical habitat for the marbled murrelet, constitutes a egulatory taking for which the company should receive just compensation.

USFS Implements Debarment & Suspension Regulations

The U.S. Forest Service (USFS) has begun to implement the government-wide suspension and debarment regulations, as required under § 2455 of the Federal Acquisition Streamlining Act. The law provides, in part, that a party precluded from participating in nonprocurement transactions with one federal agency would be precluded from participating in both non-procurement and procurement activities with all other federal agencies. Failure to perform, or unsatisfactory performance, of a public agreement or transaction, or failure to pay a single substantial debt to any federal agency may prohibit a company from being awarded a USFS timber sale contract. Future timber sale contracts will require all prospective purchasers to submit a form with their bid which certifies that neither the purchaser nor any of the purchaser s subcontractors are currently subject to suspension or debarment by any federal agency. Region 5 is completing its direction to the field. CFA has requested a briefing with the regional office timber management staff to assure that there is a common understanding and consistent application of the regulations throughout the Region. Copies of the USFS s direction and regulations can be obtained by calling the CFA office.

Environmentalists Target Churches
In $5 Million Campaign

(Source: Insider s Report, March 1996. Permission to reprint granted by Tom DeWeese, President, American Policy Center.)

Noah's Ark Becomes a Trojan Horse

One hundred million Americans in 53,000 congregations are the target of radical leftist environmental propaganda, fueled by over five million dollars in funding. The goal is to break down the strongest opposition to the Greens plan to take private property, destroy free market jobs and turn more than 50% of American land into wilderness. Opposition to such plans is strongest in America s churches.

The effort is organized under the name, “The National Religious Partnership for the Environment,” which works under a formal agreement of the U.S. Catholic Conference, National Council of Churches, Coalition on the Environment and Jewish Life, and the Evangelical Environmental Network. Even the SouthernBaptist Convention has been absorbed into the network that is being funded to the tune of five million dollars through grants from the Pew Charitable Trusts, Stephen C. Rockefeller, the Turner Foundation, W. Alton Jones Foundation and the New World Foundation - many of the same groups who fund the radical environmental movement and Outcome-based Education (OBE).

It is unmistakably clear that the new 'Partnership' is the brain child of anti-Christian New Age pagans who promote an environmental religion known as Gaia. Its command post is centered in a New Age church in New York City called The Temple of Understanding which is housed in the Cathedral of St. John the Divine in New York. The Cathedral is also the home of The Gaia Institute and is in direct partnership with the United Nations Global Committee of Parliamentarians on Population Development.

The Temple of Understanding is an official UN “Non-Government Organization” (NGO), making it a direct partner in the United Nation s global environmental agenda along with the National Audubon Society, Natural Resources Defense Council, the Sierra Club, the Environmental Defense Fund and the World Resource Institute and the Union of Concerned Scientists. These same radical Green groups are also serving in a “consultative” relationship with the National Religious Partnership for the Environment.

The Partnership has sent “education and action kits” to 53,000 congregations including every Catholic parish and every Jewish synagogue in the nation. The kits contain Sunday School and sermon resource material carefully planned to fit into the doctrine of the particular denomination being targeted. In that way, the message is planned and orchestrated.

The message carries the usual group activities of planting trees and home recycling. But the agenda goes way beyond sound environmental reasoning. Specifically, the Partnership materials call for churches to take action on such political issues as global warming, air pollution, water, food and agriculture, population and consumption control, hunger and industrial trade policy, community economic development and toxic pollution, hazardous waste and corporate policy. It is interesting to note that all of the above positions being advanced by the partnership are identical to those being advanced by the United Nations.

But, for Christians, there s an even greater concern. Behind that facade of community involvement lies a pantheistic theology that is pure nature worship. The Temple of Understanding, the driving force behind the Partnership s invasion of the nation s religious community, is a “shrine for sacred ecology.”

Among the Directors of The Temple is the Reverend Thomas Berry. In his book “Dream of the Earth” (published by Sierra Club Books), Berry never uses the word “God” but speaks of a supernatural force in the universe. He says that “we should place less emphasis on Christ as a person and a redeemer. We should put the Bible away for twenty years while we radically rethink our religious ideas.”

Also part of The Temple of Understanding is Maurice Strong, who was the Secretary General of the first UN Earth Summit which produced the Biodiversity Treaty that calls for more than 50% of land in each of theStates in America to be turned into wilderness area where no humans will be allowed to enter. Maurice Strong owns a ranch in Colorado where he has built a Babylonian sun god temple. The ranch is home to a monastery and a hot bed of a variety of New Age religious activities.

The Temple of Understanding, though the headquarters of New Agers in America, is little known to the rest of the nation. Yet the activities that take place there would shock and outrage most Americans.

During the Christmas season, The Temple of Understanding holds no Christian service. Instead it celebrates the winter solstice. There is no communion. But goats, horses and other animals are led to the alter to receive blessings. Camels and elephants walk the aisles as worshipers march to the alter with bowls of compost and worms. In the middle of this pagan zoo, Vice President Al Gore delivered a sermon in 1994 in which he said, “God is not separate from the Earth.”

Those who worship at The Temple of Understanding follow the teachings of activists like Peter Singer, the father of animal rights. He wrote, “Christianity is our foe. If animal rights is to succeed we must destroy the Judeo-Christian religious tradition.” Helen Caldicott of the Union of Concerned Scientists said, “Capitalism is destroying the Earth.” Maurice Strong said, “Isn t the only hope for the planet that the industrialized civilizations collapse? Isn t it our responsibility to bring that about?”

Now these same people have launched a massive campaign to form an environmental partnership with Christians. Can there be any doubt as to their true motivation? Because of its very premise that God created man in His own image to have dominion over the Earth and its creatures, Christianity stands as the largest hurdle to an environmental agenda that believes man is a cancer on the Earth and must be destroyed.

Western culture is the target. Maurice Strong said it was their goal to destroy industrialized civilization. That means western culture. Christianity is the center of western culture. Destroy Christianity and our whole way of life, our laws, our relationships to one another, our humanity will disappear.

The environmentalists drive to meld their agenda into churches across the country is the most dangerous move yet made by the radical Greens. At a recent meeting to discuss how to combat the Green s attack, one participant observed, “If we lose the churches, we ve lost the war for America.”

Meanwhile, just weeks ago, on February first the partnership began a massive advertising campaign to bring Christians into the fold. The ad urged Christians to support the Endangered Species Act, saying it was a modern day “Noah s Ark.” Church leaders are being urged to deliver sermons supporting the effort and members of many congregations are being barraged with propaganda, all designed to bring Christians into a movement whose leaders advocate the destruction of Christianity.

Those who have experienced first hand the destructive power of the radical Greens, the nation s ranchers, farmers, lumbermen, miners and property owners, know too well that this battle for the heart and soul of Christianity is truly a “Trojan Horse” and could be the last step in the drive to put America into a new dark ages.

Christians must understand the nature and purpose of the Green attack and crush it without hesitation. This is not about concern for clean air and water. It s about our way of life, our culture and our future. Christianity stands in the way of the Green agenda and they intend to destroy it.

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