October 2, 2013 The Honorable Rob Bishop, Chair House Subcommittee on Public Lands and Environmental Regulation 1324

Longworth House Office Building United States House of Representatives Washington, DC 20215 The Honorable Raul Grijalva, Ranking Member House Subcommittee on Public Lands and Environmental Regulation United States House of Representatives Washington, DC 20215 Dear Chairman Bishop and Ranking Member Grijalva: The Wilderness Society, on behalf of our over 600,000 members and supporters from across the United States, would like to express our views on the legislation being heard tomorrow in the Subcommittee on Public Lands and Environmental Regulation, and respectfully request that this letter be included in the October 3, 2013 hearing record for the Subcommittee. H.R. 3188 - Yosemite Rim Fire Emergency Salvage Act The Wilderness Society strongly opposes H.R. 3188. Wildfire is one of the most important public land management challenges we face, and it is critical for the future of our public lands that we facilitate honest discussions about management, and pursue practical and productive responses. Instead, H.R. 3188 seeks to use the Yosemite Rim Fire to justify large-scale, environmentally-destructive salvage logging without any legal boundaries, judicial oversight, or public input in some of the wildest places in northern California. H.R. 3188 would mandate rapid execution of salvage timber sales (defined as commercial logging of dead downed or simply damaged trees) in areas affected by the Yosemite Rim fire. The Rim Fire boundary encompasses nearly 260,000 acres of National Park and National Forest System lands. This includes: tens of thousands of acres of Congressionally-designated Wilderness within Yosemite National Park and the Emigrant Wilderness Area on the Stanislaus National Forest; over 23,000 acres of Inventoried Roadless Areas (IRAs), including much or all of the Cherry Lake, North Mountain, and Tuolumne River IRAs; citizen inventoried roadless areas near Cherry Lake and Tuolumne; the Congressionally-designated Tuolumne Wild and Scenic River; and thousands of additional acres of endangered species habitat. H.R. 3188 would override all current legal and administrative protections, and mandate that commercial salvage logging begin immediately in some or potentially all of these wild and environmentally-sensitive areas. H.R. 3188 attempts to override all existing laws and to prohibit administrative and judicial review for purposes of salvage logging operations in the Rim Fire area. This would eliminate all accountability to the public, the courts, or an entire slate of laws designed to ensure responsible management of public lands. Sec. 1(b)(1) states that salvage logging shall proceed immediately and to completion notwithstanding any other provision of law (emphasis added). This provision attempts to override all protections from longstanding forest management and environmental laws (such as the National Forest Management Act, Forest and Rangeland Renewable Resources Planning Act, Clean Water Act and Endangered Species Act), as well as foreclosing all public input under the National Environmental Policy Act (NEPA).

Sec. 1(b)(2) goes even further by attempting to eliminate all administrative or judicial review, removing the last checks and balances responsible for ensuring the legality of logging projects. H.R. 3188 implausibly requires salvage logging be done as part of the restoration and rehabilitation of burned areas (Sec. 2(a)). We would like to note that according to the USDA Forest Services own scientific reports, the majority of the scientific evidence shows that salvage timber operations make naturally occurring impacts of wildfires worse, exacerbating fire-related damage and slowing the recovery time of burned areas. A 2009 report from the Forest Service Pacific Northwest Research Station found that post-fire logging typically: creates activity fuels, which unless removed, actually increase subsequent fire hazard; negatively impacts most species such as small mammals, amphibians, and birds (notably, there are over 3,000 acres of California Spotted Owl habitat within the Rim Fire burn area); exacerbates erosion from building logging roads, especially right after wildfire occurs; and has significant negative impacts on riparian and aquatic ecosystems due to increased erosion. 1 In short, the scientific evidence suggests that salvage logging be restricted, not fast-tracked per H.R. 3188, if forests are going to recover in the wake of fire. In addition, it has been suggested that salvage logging operations would generate revenue that could be used to fund forest restoration. This is misleading. Revenue the Forest Service receives from salvage logging is largely fed back into the Salvage Sale Fund, which is then used to pay for implementation of additional salvage sales. Any revenue not fed back into the salvage sale system goes into accounts that make payments to states and counties, or to complete additional (non-salvage) timber sales and associated activities. For all of the above-cited reasons, The Wilderness Society strongly opposes H.R. 3188. H.R. 712 Extension of the Highlands Conservation Act Extending the authorization of the Highlands Conservation Act (P.L. 108-421) through 2024, as provided in H.R. 712, is necessary and timely. As authorized previously through Fiscal Year 2014, the Highlands Conservation Act assists the States of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources through land conservation partnership projects conducted only by non-Federal entities, who are required to own and manage the lands in perpetuity. All projects require a minimum of 1:1 non-Federal matching funds, must fall within the regions highest priority conservation areas as mapped by the United States Forest Service, and may only conserve lands from willing sellers. To date, the Highlands Conservation Act has permanently protected over 4,000 acres and leveraged over $30 million in non-Federal matching funds. Lands acquired have added new public access locations, increased public recreational opportunities, protected critically important sourcewater drinking supply areas, and conserved working forests and critical habitat for a variety of imperiled species. After Fiscal Year 2014, the Highlands Conservation Act will sunset absent an extension of its authorization, as would be provided by H.R. 712. The success to-date of the Highlands Conservation Act underscores the need to continue this program. H.R. 712 would continue this successful, partnership-driven conservation program, ensuring that the conservation of critically important resources of the Highlands region can continue, by providing the necessary tools to non-Federal entities to complete this work. H.R. 1633 - Small Lands Tracts Conveyance Act The Wilderness Society strongly opposes H.R. 1633, the Small Tracts Land Conveyance Act. This bill would allow the giveaway of vast swaths of our public lands and our natural and cultural heritage. Most federal lands that abut state, local, or private property would be eligible to be sold off to the adjoining property owner. H.R. 1633 would put potentially millions of acres of our wildest public lands, including Forest Service roadless areas,
1 David L. Peterson et al., Effects of Timber Harvest Following Wildfire in Western North America, USDA Forest Service Pacific Northwest Research Station General Technical Report PNW-GTR-776 (March 2009).

recommended wilderness, BLM lands with wilderness characteristics, and a variety of other proposed wilderness and conservation areas, on the auction block to be sold off to private landowners or to state, county and local governments. While the bill does exclude a number of formally protected areas (see Sec. 2(a)), these likely represent the minority of the lands that would otherwise be eligible for sale. The Wilderness Society supports the carefully-considered sale of eligible federal lands through appropriate mechanisms, such as the Federal Land Transaction Facilitation Act (FLTFA), and with public input under the National Environmental Policy Act (NEPA). H.R. 1633, however, seeks to expedite a massive sale of federal lands to the detriment of our communities and our environment by eliminating any meaningful public input and environmental review (via a Categorical Exclusion under NEPA). This would effectively eliminate the ability of local communities and the American people, whose public lands would be sold off under this legislation, to have a voice in the disposition of those lands. While the bill does contain annual acreage limitations (see Sec. 2(c)), these would do little to stem the practical effect of a largescale selloff of our public lands, at best facilitating the sell-off of our public heritage over a period of years rather than in a single shot. Regardless, the end result would be the same. In addition, H.R. 1633 authorizes not just a massive land giveaway, but also a massive oil, gas, and minerals giveaway, since not only acquisition of the surface rights but also the mineral rights may be demanded by the adjoining landowner (see Sec. 2(d)(6)). These oil, gas and mineral resources currently benefit all of the American people, but H.R. 1633 would put them in private hands for private benefit. H.R. 1633 would also essentially allow the buyer the party who stands to benefit from the sale to determine the fair market value of any parcels and mineral rights to be sold (see Sec. 2(f)), setting the sale price of a parcel based on an appraisal provided by the buyer, not an independent appraisal). This is not only a major conflict of interest but could easily lead to a significant undervaluing of our federal public lands and is simply a further giveaway to developers. Our federal public lands are a critical part of our national heritage, and The Wilderness Society strongly opposes any and all legislation, including H.R. 1633, that would give away that heritage. H.R. 2015 - Las Vegas Valley Public Land and Tule Springs Fossil Beds National Monument Act of 2013 The Wilderness Society supports provisions included in HR 2015 that designate approximately 22,650 acres as the Tule Springs Fossil Beds National Monument and broadens the Red Rock National Conservation Area, while improving management of the Spring Mountain National Recreation Area. We will work to ensure other activities permitted within the monument should be consistent with the protection and conservation of the resources for which the monument is being designated. The proposed national monument is part of a region that brings paleontologists from around the world to examine ice age artifacts, and the National Park Service currently has no land designated specifically to protect and interpret Pleistocene fossils. Designation of this site would protect the most significant Pleistocene paleontological resources in the American Southwest, and for that reason is worthy of protection. HR 2015 also releases 9,700 acres of Bureau of Land Management lands on Sunrise Mountain from Wilderness Study Area status, which is an appropriate management decision.

H.R. 2259 - North Fork Watershed Protection Act of 2013 The Wilderness Society enthusiastically supports H.R. 2259, the North Fork Watershed Protection Act of 2013 introduced by Congressman Steve Daines of Montana. Glacier National Park, as well as many of the national forest lands addressed in this bill, are of national significance and H.R. 2259s passage would benefit many Americans from all walks of life as well as future generations. In addition, passage of this bill ensures that the United States acts by example and fully engages in the coordinated, partnership approach requested by the province of British Columbia when they agreed in 2011 to take action to protect the Canadian side of the North Fork Flathead from coal, oil and gas, and mining development. Also important is that this bill has almost no active opposition, as to our knowledge, no organized group, relevant elected official, Montana newspaper, or affected constituency has spoken out against H.R. 2259 or its Senate companion legislation, S. 233 (introduced by Senators Baucus and Tester, and which The Wilderness Society also enthusiastically supports). Instead, over the past several years there has been an impressive outpouring of diverse and formal support from local businesses, civic groups, Chambers of Commerce, City Councils, sportsmen and conservation groups, and others. From the Montana Logging Association and Citizens for Balanced Use to the North Fork Landowners Association and Glacier Raft Company, divergent interests have come together behind this bill. This bill will help protect the recreation and natural assets that support the growing local and regional economy in this part of the state. Consider that in a 4/5/2010 letter to the Montana delegation, the Kalispell Chamber of Commerce praised this legislation (the Senate version) as being good for business, further stating, The Chamber wishes to ensure that Glacier Park, the North Fork River Valley, and Flathead Lake remain as economically productive as they are today. We think that oil and gas development in the Whitefish Range would be inconsistent with our interest to see the entire watershed protected from upstream (Canadian) pollution. Though only a single page in length, this bill is nonetheless significant in two notable ways. First, it provides an important example of bipartisan cooperation, as it represents the first Montana-focused public lands bill in decades where the entire states delegation, regardless of party, has been in agreement and working to do the right thing for Montanans, as Congressman Daines put it when he introduced H.R. 2259. Secondly, it is worth noting that major players in the oil and gas industry have already made important business decisions regarding protection of the North Fork Flathead watershed based on support for and assumed passage of this legislation. During 2011-2012, Conoco Phillips, Chevron, and Exxon Mobil subsidiary XTO Energy all voluntarily agreed to relinquish their valid leases in the watershed, covering an area of almost 200,000 acres. Indeed, over the past eight years, Congress has passed similar federal legislation withdrawing sensitive national forest and/or BLM lands from new oil and gas leasing, mineral entry, and other forms of energy development for several other places. This includes 2005 bi-partisan legislation that withdrew the Valle Vidal area in northern New Mexico, 2006 legislation for Montanas Rocky Mountain Front that was first introduced by then Senator Burns (R) but then moved by Senator Baucus (D), and most recently legislation introduced in 2008 (passed in 2009) by Republican Senator Barrasso of Wyoming (co-sponsored by Senator Enzi) that withdrew 1.2 million acres of national forest in the Wyoming Range. TWS enthusiastically supports H.R. 2259 and sincerely thanks Congressman Daines for his dedication to protecting his nationally important watershed next to Glacier National Park and in the heart of the nationally significant Crown of the Continent Ecosystem. We equally thank the Congressman and Montanas two Senators for their combined leadership and effective coordination on this important matter. We urge swift passage of the North Fork Flathead Watershed Protection Act as it will serve Montana and the nation well for decades to come.

H.R. 2657 - Disposal of Excess Federal Lands Act of 2013 The Wilderness Society supports the sale of Bureau of Land Management lands pursuant to the provisions of the Federal Land Transaction Facilitation Act (FLTFA). FLTFA provides a common-sense land for land approach, authorizing the Bureau of Land Management (BLM) to sell lands identified for disposal, and to apply the revenue to the purchase of high-value conservation, recreation, and cultural preservation lands from willing sellers in the West. FLTFAs authorization expired last year, but bipartisan bills to reauthorize the program are pending in both the House and Senate. H.R. 2657 would provide an alternative land disposal authority that would result in several objectionable changes to FLTFAs longstanding approach. Sec. 1(d) of H.R. 2657 specifies that all land sale proceeds from the bill be deposited directly into the Treasury in order to pay down the federal debt. This provision would reverse FLTFAs longstanding land for land policy that is supported by a bipartisan coalition in Congress, as well as a diverse set of over 100 business, community, recreational, and conservation groups. In addition, Sec. 1(b) of H.R. 2657 specifies that the Secretary shall sell all lands identified for disposal in a 1997 report to Congress. This would create a legal obligation to sell all of those lands, regardless of changes in circumstances or market conditions. This could result in disposal of lands that have become important to local communities in the 16 years since the report was produced, or loss of potential sales receipts if land is required to be sold during a real estate market slump. In contrast, FLTFA provides for the disposal of unneeded lands without mandating specific timetables or parcels, instead allowing the agency discretion to choose the right lands to sell at the right time in order to best benefit the public. The Wilderness Society opposes H.R. 2657 as drafted and continues to support reauthorization of FLTFA as an alternative to H.R. 2657. Sincerely,

Alan Rowsome Senior Director for Government Affairs for Lands The Wilderness Society