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I would like to point out that on private lands the prescription is 

 50 feet no-cut, second 50 feet 50 percent harvest, given a size distri- 

 bution. So there is a prescriptive standard in place. 



We are talking, there is a statement in the proposed legislation 

 or in the agreement that says that the same degree of protection 

 provided on State lands should be provided for on Federal lands. 

 What the State then chose to do was to leave that discretion as to 

 what constitutes comparable protection. 



But there is a clear statement of policy that the same degree of 

 protection on State public waters, streams, should be provided on 

 Federal public waters, that the public resource of anadromous 

 streams deserves the same degree of protection. 



Senator Murkowski. Is it true that the State pays the private 

 holder to leave fringes, and they have got some kind of a formula 

 that I do not understand? 



Ms. Troll. Only if they exceed a cap, a five percent basal area 

 cap. 



Senator Murkowski. So that means that if the private, the 

 Native corporation, leaves only five percent? 



Ms. Troll. Of the basal area or a comparable measurement. 



Senator Murkowski. Basal area means? 



Ms. Troll. That was a slight change in the current legislation 

 from before. 



Senator Murkowski. So the State is paying them to leave? 



Ms. Troll. No, not necessarily paying them. The State can allow 

 the private operator, if he exceeds that five percent basal cap, to go 

 into another area to get comparable timber value. 



Senator Murkowski. Out of the private sector, in other words? 



Ms. Troll. No, out of the leave strip, out of the buffer strip. So 

 that the principle of compensation is established, but it is not nec- 

 essarily going to be one in cash. 



Senator Murkowski. That is interesting. It is not in cash, but it 

 can be in kind. 



Ms. Troll. And it is only if in this process of applying these 

 standards, which we feel the application of these standards will not 

 exceed the five percent in 95 percent of the cases. There has been 

 documentation to show in a watershed that is highly convoluted, 

 lots of streams, that you may indeed exceed the five percent basal 

 area cap or comparable measure, and that, understanding the im- 

 portance of recognizing the taking issue that the private industry 

 had and the State's Constitution as it regards the private sector, it 

 was felt that we had to recognize some mechanism for respecting 

 compensation. 



This was, as Craig pointed out, part of the very sensitively craft- 

 ed agreement in give and take that was agreed upon by all parties. 



Senator Murkowski. That was a very complete explanation. I 

 am not so sure I understood it all, but nevertheless. 



Ms. Troll. Well, thanks for giving me the chance. 



Senator Murkowski. Mr. Finney, can you give us a 30-second 

 answer? 



Mr. Finney. Well, I was handed a sheet of paper which has the 

 new regulation. I can read it for the record if you would like. 



Senator Murkowski. Summarize it, please. 



