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tion in proposed legislation; I would like to clearly emphasize that prevention has been 

 forestry's long-established approach. 



Currently, 44 states have active non-point source programs for forestry, ranging from reg- 

 ulatory approaches such as forest practices acts to non -regulatory approaches that rely on 

 education and technical assistance. The majority of states have successfully opted for 

 non-regulatory programs. We believe most of these states have programs in place with in- 

 centives and enforceable mechanisms that meet the intent and requirements of Coastal 

 Zone Management Act's non-point source management programs. To demonstrate this, 

 NASF has recently undertaken a survey to determine the range of programs that states 

 have in place. The draft results indicate that the states utilize a variety of mechanisms that 

 include incentive-based programs as well as state and local regulatory controls. 



Forestry agencies have been monitoring the application of BMP's for over 10 years. The 

 results indicate up to 90 percent compliance in using the appropriate BMP's; high levels of 

 compliance are found on both public and private industry lands. The results of these sur- 

 veys are used to target educational efforts and technical assistance. I would also point out 

 that these accomplishments have been achieved with negligible amounts of Section 319 

 grant funds, which have not been available to forestry agencies to any significant degree. 



Of the legislation that has been introduced in the House and Senate, we are greatly con- 

 cerned with provisions that label non-point sources as either 'new' and 'existing sourcos 

 (S. 1114, H.R. 3948, H.R. 2543). This categorization is absolutely unnecessary and 

 counter-productive; definitions such as 'new' and existing' sources only add confusion 

 and more importantly infringe upon state authority to critically assess the major non- 

 point source problems within their states and state prerogatives to direct limited resourcet 

 to where needs are greatest. 



Other concerns and questions are raised with defining forestry activities as a 'new 

 source': new source designation has previously been limited to point sources; it will lead 

 ultimately to discrimination in terms of regulating watershed-scale activities, and will 

 cloud interpretation of the Section 404(f) silviculture exemptions. 



Until the full committee markup, the Senate bill S. 1114 would have specifically defined 

 forestry activities as 'new sources' of non-point source pollution and require 

 implementation of management measures wherever certain specific forestry activities 

 occurred. Other 'new sources' have been defined to include highway and bridge 

 construction. Agricultural non-point source pollution, however, would be defined as an 

 existing source and different requirements would apply. 



As amended by the full committee, S. 1114 now delegates to the EPA Administrator the au- 

 thority to designate new sources. Congressman Mineta's bill, HR 3948, refers also to new 

 and existing sources. Since these terms are not specifically defined in the legislation, w* 

 are left to assume as in the Senate bill, HR 3948 would leave this to EPA. It is undoubtedly 

 clear to us that EPA would define forestry activities as 'new sources' of non-point sourc* 

 pollution. As stated previously, we believe this to be unnecessary. However, if 

 categorization of non-point sources must be done, categories should reflect time and 8p«c» 

 considerations as well as the type of pollutants involved. In that regard, forestry activities 

 could be best characterized as temporary, periodic and non-toxic. 



NASF supports implementation of preventative practices for all non-point sources of pollu 

 tion. However, we strongly feel it should continue to be a state responsibility to ideniiN 

 critical and problem sources. States should continue also to be responsible for the d» 

 velopment of appropriate programs to address problems. Since it is clear that federal trxl 



