Thad Cochran

Mr. COCHRAN

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 30, 2003 at 2:30 p.m. to hold a sub committee hearing on North Korea.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Thursday, October 30, 2003 at 2:30 p.m. to hold a closed hearing.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions, Subcommittee on Aging be authorized to meet for a hearing on Elder Justice and Protection: Stopping the Financial Abuse during the session of the Senate on Thursday, October 30, 2003, at 10 a.m. in SD-430.

Mr. COCHRAN. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, October 30, 2003, for a hearing to consider the nominations of Cynthia R. Church, to be Assistant Secretary of Veterans Affairs for Public and Intergovernmental Affairs, and Robert N. McFarland, to be Assistant Secretary of Veterans Affairs for Information and Technology. The hearing will take place in room 418 of the Russell Senate Office Building at 2 p.m.

Mr. COCHRAN

Mr. COCHRAN. Mr. President, there has been considerable attention paid to the provisions of the House-passed bill which was referred to in our Committee on Agriculture. The version the House passed has the same provisions that would change substantially the judicial review and appeals provisions of current law. When we were looking at the bill in our committee, it was decided that while we didn't disagree with the objectives of the House, we thought that there could be more appropriate language which would help ensure that litigation and appeals weren't abused to the extent that they created impasses and gridlock in the process. I have to give credit to the distinguished Senator from Oregon, Mr. Wyden, and the distinguished Senator from California, Mrs. Feinstein, for coming up with suggestions for changes that were included in this bill that is now before the Senate. It was included in the language of the compromise that we made to substantially change title I as it relates to the judicial review section of the bill. Let me point out that it balances risk, which is what this is about. Looking at ramifications of approving or not approving a fuel reduction project can be explained by looking at certain examples from which we have learned. On the Kenai Peninsula in south-central Alaska, for instance, over 300,000 acres of forest have been lost to a spruce bark beetle infestation which we are told could have been avoided but was not because of litigation and appeals that were generated over the project's proposal. The Dixie National Forest has 112,000 acres that have been devastated by the spruce bark beetle as well which could have been prevented with treatment but was slowed by the appeals and litigation in that situation. Over the last 3 years, bark beetles have ravaged forests around Lake Arrowhead in the San Bernardino National Forest in southern California causing an 80-percent mortality rate and substantially increasing the fuel loads of that forest. What I am afraid we are going to see if the Leahy amendment is approved is a reversal of efforts that we have made to come to a new approach which we think will improve forest help. We still have rigorous environmental safeguards in place, but the suggestions that courts do not bog down the process with endless appeals and litigation is one of the goals of this legislation. I don't know if other Senators want to be heard on this amendment. But I would be prepared, after Senators have had an opportunity to express themselves, if they want to debate this issue, to move to table the Leahy amendment. I move to table the Leahy amendment, and I ask for the yeas and nays.

Mr. COCHRAN

Mr. COCHRAN. What is the regular order? Vote on Amendment No. 2025

Mr. COCHRAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. COCHRAN. If that is the order, that is fine with me. I just assumed we were taking amendments as they were offered and disposing of them. I was not aware there was another amendment pending besides the Boxer amendment that had just been offered.

Mr. COCHRAN. Madam President, I ask unanimous consent that a copy of a letter addressed to the two leaders from a number of sports organizations and conservation organizations regarding the adoption of the compromise amendment to the Healthy Forests Restoration Act be printed in the Record.

Mr. COCHRAN. Madam President, this letter, and many others like it, indicates overwhelming support around the country for the compromise we adopted today. We made good progress in dealing with the bill. Tomorrow we will have another opportunity to consider amendments. I ask all Senators who have amendments to offer to this bill to please let us know about the amendments. Give us copies tonight so we can look at them and be prepared to act expeditiously on the amendments so we can finish this bill tomorrow.

Mr. COCHRAN. Madam President, I move to reconsider the vote by which the amendment was agreed to.

Mr. COCHRAN. Mr. President, I think this amendment is a constructive addition to the bill. I am prepared to recommend that the Senate approve it.

Mr. COCHRAN. Mr. President, what is the regular order--a vote on the amendment?

Mr. COCHRAN. Madam President, I move to reconsider the vote.

Mr. COCHRAN. I move to reconsider the vote.

Mr. COCHRAN. With that understanding, I renew my request.

Mr. COCHRAN. Madam President, I ask that my request be so modified and that the vote occur at 3:45 instead of 3:35.

Mr. COCHRAN. The Senator is correct.

Mr. COCHRAN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. COCHRAN. Mr. President, this amendment embodies recommendations made by a bipartisan group of Senators who are committed getting this legislation passed and signed by the President. The amendment establishes a predecisional administrative review process. It allows an additional analysis under the National Environmental Policy Act. It directs the Secretary of Agriculture to give priority to communities and watersheds and hazardous fuel reduction projects. It contains new language protecting old-growth stands, and it encourages the courts to expedite the judicial review process. The underlying legislation also contains a biomass title authorizing grant programs to encourage utilization of forest waste material. Another title provides financial and technical assistance to private forest land owners to encourage better management techniques to protect water quality. The pest and remote sensing titles would authorize funding for the U.S. Forest Service, land grant institutions, and 1890 institutions to plan, conduct, and promote the gathering of information about insects that have caused severe damage to forest ecosystems. Title V, the Healthy Forest Reserve Program, is a private forest land conservation initiative that would support the restoration of declining forest ecosystem types that are critical to the recovery of threatened, endangered, and other sensitive species. Two additional titles were added to the House-passed bill by our committee. One would establish a public land corps to provide opportunities to young people for employment and, at the same time, provide a cost-effective and efficient means to implement rehabilitation and enhancement projects in local communities. The other new title will promote investment in forest resource-dependent communities. This legislation provides new legal authority to help us manage the Nation's forests in a safe and effective manner. The bill will help us do a better job of safeguarding these priceless national resources. I urge the Senate to support the bill.

Mr. COCHRAN. Mr. President, on July 24, the Committee on Agriculture, Nutrition, and Forestry reported to the Senate H.R. 1904, the Healthy Forests Restoration Act. This bill, which is now before the Senate, reflects a comprehensive effort to improve forest health on both public and private lands. The bill provides Federal land managers the tools to implement scientifically supported management practices on Federal forests, in consultation with local communities, while establishing new conservation programs to improve water quality and regenerate declining forest ecosystem types on private lands. The legislation will reduce the amount of time and expense required to conduct hazardous fuels projects, but it also will require rigorous environmental analysis of those projects. Over the past few years, we have seen many communities destroyed and many firefighters' lives lost due to forest fires that could have been prevented. We are all deeply saddened by the tragic events occurring now in California. At least 17 people, we are told, have lost their lives; 1,600 homes have been destroyed, and 520,000 acres have burned. The fires continue to wreak havoc in that State. Thousands of Californians have had to leave their homes, and more communities are being evacuated at this very moment. On Monday, President Bush declared the region a disaster area. The cost resulting from these fires is estimated in the billions of dollars. The tools and resources this legislation provides land managers will assist in preventing the devastation resulting from forest fires. In the past, the U.S. Forest Service has been forced to spend great amounts of time and resources battling lawsuits instead of managing the forests. The result has been months and even years of delays in fuel reduction projects. Our forests have continued to suffer, and they have continued to burn. I have filed, along with 13 cosponsors, an amendment to title I of the bill which contains several modifications to the bill the committee reported. I offer that amendment to the bill. Amendment No. 1828

Mr. COCHRAN. Madam President, after consulting with the leaders and those interested in talking about this amendment before we vote, I am now in a position to propound a unanimous consent request. I ask unanimous consent that at 3:35 today the Senate proceed to a vote in relation to amendment No. 1828, with no amendments in order to the amendment prior to the vote; I further ask consent if the amendment is agreed to, it then be considered as original text for the purpose of further amendment; I finally ask that the following Senators be permitted to speak prior to the vote: Senator Ensign for 10 minutes; Senator Bennett for 5 minutes; Senator Murray for 5 minutes; Senator Kyl for 5 minutes; and Senator Crapo for 10 minutes.

Mr. COCHRAN. Madam President, I ask for the yeas and nays on the amendment.

Mr. COCHRAN

Mr. COCHRAN. I ask unanimous consent that I may proceed for 1 minute as in morning business.

Mr. COCHRAN. Mr. President, there was no limitation of amendments. The provision in the unanimous consent request was that any amendment offered to the bill would be relevant to the bill and any amendment to an amendment be relevant to the amendment to which it was offered. There was no limitation requested in that unanimous consent request.