2005-1364-Resolution No. 2005-141 Recorded 11/29/2005REV ED
LEGA COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
2 05-1364
RECORDS
CLERK CJ 2005.1364
11/29/2005 04:48:05 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Supporting the Forest Emergency
Recovery & Research Act (FERRA)
RESOLUTION NO. 2005-141
WHEREAS, the number and severity of catastrophic events such as wildfire and windstorm
causing severe resource damage on forest and rangelands has increased in recent decades, causing
serious adverse environmental, social and economic consequences to both national and local interests;
and
WHEREAS, catastrophic events devastate ecosystems, severely compromising their capacity to
recover, delaying reestablishment of appropriate forest and plant cover, increasing the susceptibility of
the lands to repeated wildfires and invasions of noxious plant species, increasing the frequency and
severity of insect infestations and disease outbreaks on adjacent public and private lands, and causing
increased erosion and degradation of riparian plant and wildlife habitats and water quality for human
consumption; and
WHEREAS, authorities currently available to the Secretaries of Agriculture and the Interior to
respond to catastrophic events on lands under their jurisdictions do not provide for timely and effective
response activities, with currently required review processes frequently resulting in delays beyond the
window of opportunity available for effective recovery plan implementation; and
WHEREAS, the Forest Emergency Recovery and Research Act ("FERRA") would provide
authority for timely and effective responses to catastrophic events, allowing the land management
agencies to rapidly respond to the unique characteristics of each event and the particular needs of each
locale, allowing for the use of damaged trees and other resources before they lose all economic value,
while restoring ecosystems to a naturally functioning state; and
WHEREAS, expedited procedures under FERRA would be limited to catastrophic events over
1,000 acres, providing for prompt evaluation of damage and risk assessments for federal and adjacent
non-federal lands, interdisciplinary scientific review, public notice and full participation in the
development of recovery plans, and access to speedy appeals and litigation if there are disagreements;
and
WHEREAS, increased scientific research on the means and methods for best recovering
ecosystems damaged by catastrophic events is needed, and FERRA provides for such research,
including monitoring of restoration projects, partnerships with colleges and universities, and increased
emphasis on implementing the results of such research in the formulation of response plans; and
PAGE 1 of 3 - RESOLUTION NO. 2004 @ (IvifD�/Y)
WHEREAS, FERRA provides for involvement of state, local and tribal authorities in
evaluating damage from catastrophic events and formulating appropriate response plans, thereby
insuring that the interests of local communities and adjacent landowners are heard and considered;
NOW, THEREFORE, BE IT RESOLVED that the BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON supports prompt passage of the Forest Emergency Recovery and
Research Act, with its commitment to timely responses to catastrophic events on federal lands,
allowing for rapid restoration of ecosystems, usage of damaged trees before they lose all economic
value, protection of adjacent lands from subsequent wildfires, insect infestations and disease outbreaks,
and full public notice and participation, including involvement by state, local and tribal authorities in
recovery planning and implementation.
DATED this �Aay of November 2005.
ATTEST:
Recording Secretary
PAGE 2 OF 3 - RESOLUTION NO. 2004 6
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
D S2.The Forest Emergency
°=
Recovery & Research Act
G'GRg'
OVERVIEW
Natural catastrophes such as tornadoes, windstorms, and insect epidemics are frequent occurrences in the
forests of the United States. Large-scale catastrophic wildfires have become more common in recent
years and are expected to continue until the health of our forests is restored. With approximately 190
million acres of federal land at high risk of catastrophic fire, restoration of forests will take many years.
Because of catastrophic events, there are now over one million acres on our national forests in need of
reforestation - and this number is increasing. Rapid assessment of damage, quick action, and funding are
needed following catastrophic events to restore landscapes and prevent additional reforestation backlog.
Furthermore, peer reviewed research is needed on the effects and effectiveness of some post catastrophic
treatments.
The Forest Emergency Recovery and Research Act would address these concerns. It would require that
any catastrophic event over 1,000 acres must be quickly evaluated and restoration recommendations
made. At that point, the Secretary could use existing law to address the problem, or if expedited
restoration work is needed, expedited environmental review of proposed actions would be performed by
the agencies and would include full public notice and participation. In forest types that have been
significantly researched, pre -approved management practices could be implemented immediately after an
environmental review. Emergency reforestation and restoration projects would then commence.
Administrative appeals and litigation would follow the guidelines established under the overwhelmingly
bipartisan Healthy Forests Restoration Act (HFRA). Adjacent non-federal lands would also be included in
the evaluation when desired by tribal, local government, and private landowners. The evaluation would
determine if expedited reforestation and other recovery work are needed in the area and would also
identify research opportunities.
Research would be strengthened by: 1) requiring forest health partnerships with colleges and universities
when establishing post catastrophe research projects; 2) requiring development of peer reviewed research
protocols; 3) allowing peer reviewed research projects to be established in areas affected by catastrophe,
and; 4) authorizing research projects on existing Forest Service Experimental Forests.
The Forest Emergency Recovery and Research Act would expand authorized uses of several funding
sources for both federal and non-federal land, including annual appropriations, the United States Forest
Service Knutson -Vandenberg timber trust fund dollars and salvage sale receipts, Bureau of Land
Managements Forest Ecosystem Health and Recovery fund account, and federal Emergency Management
Administration funds. The Act would also authorize technical assistance from federal employees for
private landowners.
In summary, applying authorities similar to those allowed through the HFRA, the Forest Emergency
Recovery and Research Act could greatly help to reestablish forests after catastrophic events. Rapid
assessment of conditions, quick action to assist in recovery, and additional funding sources would all be
employed to protect forests from further degradation and to speed reforestation efforts. In addition,
research activities would improve the state of knowledge about post catastrophic treatments and help the
congressionally authorized National Forest Experimental Forests accomplish their mission. Finally, while
facilitating quick action in the wake of catastrophic events and strengthening research, The Forest
Emergency Recovery and Research Act would ensure collaboration with tribes, state and local
governments, colleges and universities, and other interested people.
For additional information, please contact the Subcommittee on Forests & Forest Health (202.225.o6gi) or
Congressman Greg Walden's office (202.225.6730).
DS r9 The Forest Emergency
#*Y
NGRSRecovery & Research Act
MYTHS / FACTS
Myth: The Forest Emergency Recovery and Research Act guts environmental review, public comment
requirements and weakens judicial review.
Fact: The Forest Emergency Recovery and Research Act requires thorough environmental review,
including full evaluation of the environmental effect of a catastrophic event recovery project and how
those effects will be minimized and mitigated in the short-term to promote quick recovery, restoration and
reforestation in the long-term. Public notice, appeals and judicial review are required using the exact
same process as required in the overwhelmingly bipartisan Healthy Forests Restoration Act. Furthermore,
the agencies are required to work with state and local governments, Indian tribes, land-grant universities
and interested persons in the development of projects.
Myth: The Forest Emergency Recovery and Research Act would provide a new mechanism for logging
old growth while also creating new roads and massive clear cuts.
Fact: Permanent roads are strictly prohibited in the Forest Emergency Recovery and Research Act. Any
temporary roads created in the restoration process must be removed upon completion of the project.
Timber removal is limited to trees that are down, dead, broken or severely root sprung, where mortality is
highly probable within five years of the event or where removal is necessary for worker or public safety.
All recovery projects must comply with the desired outcomes in the approved forest plan — meaning
habitat snags will remain, as will other necessary debris to prevent erosion and begin the recovery
process.
Myth: Administrative appeals do not currently hold up restoration projects.
Fact: Appeals and litigation hold up hundreds of projects on public lands each year. The Forest
Emergency Recovery and Research Act uses the exact same administrative appeals process as the
overwhelmingly bipartisan Healthy Forests Restoration Act, which includes pre -decisional appeals during
the project planning process. This pre -decisional appeals process provides critical information from the
public and concerned groups to the agencies at the beginning of the planning process, creating an
environment of collaboration to help the agency make better decisions.
Myth: The Forest Emergency Recovery and Research Act would result in artificial "replanting" and/or
"restocking, " creating forest plantations.
Fact: The Forest Emergency Recovery and Research Act strictly prohibits the replanting of forest
plantations and requires the establishment of native or beneficial plants according to the approved forest
or resource management plan — including the establishment of biologically diverse forests and plants.
For additional information, please contact the Subcommittee on Forests & Forest Health (202.225.o691) or
Congressman Greg Walden's office (202.225.67$0).
Myth: You do not need to remove dead trees to help pay for the restoration of forests.
Fact: According to scientists published in the peer reviewed Journal of Forestry, science and experience
have shown that removing dead and dying trees does help repair the damage to forests and its associated
values while offsetting the cost of these critical activities. For example, in the aftermath of the 2001 Gap
Fire on the Tahoe National Forest, a two-year delay in action due to appeals resulted in a $1.35 million
loss in value to the dead and dying trees. This loss in value, if retained through authority authorized in the
Forest Emergency Recovery and Research Act, would have more than covered the $739,000 spent for
watershed restoration, resource enhancement and hazardous fuel removal at the Gap Fire site.
Myth: There is no reforestation backlog due to increased forest fires and other natural disturbances.
Fact: In an April 2005 report, the nonpartisan Government Accountability Office conservatively
estimated that the reforestation backlog on public lands currently exceeds one million acres. For example,
the 2002 Biscuit Fire in southern Oregon burned 499,965 acres of which 178,051 acres are within the
Kalmiopsis Wilderness area and congressionally withdrawn from recovery projects. Of the total area
burned, 321,914 acres were outside the wilderness with recovery projects authorized on only 49,215
acres. Today, three years later, 9,461 acres have been replanted, representing recovery on less than 20
percent of the total burned area proposed for restoration. This type of painstakingly slow response is
adding to an ever-increasing reforestation backlog taking place across the country on federal lands.
Myth: The Forest Emergency Recovery and Research Act is a new taxpayer -subsidized campaign to
log on public lands for economic return.
Fact: The Forest Emergency Recovery and Research Act would expand authorized uses of several
funding sources for both federal and non-federal land, including annual appropriations, the United States
Forest Service Knutson -Vandenberg timber trust fund dollars and salvage sale receipts, Bureau of Land
Managements Forest Ecosystem Health and Recovery fund account, and federal Emergency Management
Administration funds. Any funds received from the recovery of dead and dying timber would be used to
offset the costs of reforestation and rehabilitation, thus maximizing taxpayer dollars. Furthermore, the bill
would increase the amount of public land that is rehabilitated, preventing future wildfires, insect
infestation and disease outbreak, which would save taxpayer dollars, ensuring America's national forests
are healthy for future generations.
Myth: Many salvage logging sales have sold for a single minimum bid at high cost to taxpayers.
Fact: Due to procedural delays, including administrative appeals and litigation, the dead or dying wood
deteriorates quickly thereby reducing the value of wood. As a result, many sales go unsold or sell for
very little. In some cases, the trees hold little to no value by the time the sale is offered, making the
recovery projects too expensive to implement —resulting in no restoration.
For additional information, please contact the Subcommittee on Forests & Forest Health (202.225.o6gi) or
Congressman Greg Walden's office (202.225.6730).