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Senator Wirth. Senator Murkowski. 



Senator Murkowski. Thank you, Mr. Chairman. 



Could you tell me in Title 2 of Senator Wirth's bill, which would 

 provide a substantial amount of direction to the Forest Service on 

 revision of the forest plan — can you tell us what would happen if 

 this were enacted, that would initiate, in effect, the provision? 



Mr. Leonard. Mr. Murkowski, we are troubled by that section of 

 the bill. We strongly feel that NFMA provides adequate direction 

 to ensure that all resources are given appropriate consideration 

 and protection through the planning process. We expected the re- 

 vised plan for the Tongass will fully comply with NFMA and other 

 Congressional laws. 



But, as you are aware, there is tremendous controversy over the 

 management of the Tongass National Forest and when Congress 

 passes laws in view of that controversy, it is important that they be 

 rather precise in what they intend so that we do not continue the 

 amount of controversy that is ongoing. And Title 2 lacks the preci- 

 sion of language necessary for reasonably clear understanding of 

 Congressional intent. 



For example, direction given as "significantly increase protec- 

 tion," "give specific attention to," and "ensure that priority is given 

 for protection" create ambiguous legal standards that will most 

 certainly result in future litigation. It will be very difficult for us 

 to say whether or not we have given enough priority or given a 

 level of priority we think is proper, whether other people would 

 agree that that is right. 



We believe that all the resources on the Tongass are receiving 

 protection under existing law and the data supports this belief. 



Senator Murkowski. Why does not Senator Wirth's bill treat the 

 Tongass National Forest like any other national forest? 



Mr. Leonard. I do not believe I can really answer that question. 

 Senator. 



Senator Murkowski. Clearly when we say we are taking away 

 the 40 million board feet or $40 million appropriation, that is an 

 effort to get the Tongass like all other forests, and that is a given. 



Mr. Leonard. That would put it on the same bgisis in terms of 

 the appropriation process. 



Senator Murkowski. What does Senator Wirth's bill do that 

 changes that basis? 



Mr. Leonard. It provides for giving specific resources particular 

 priority and attention — such direction is not applicable to other 

 forests in the system. 



Senator Murkowski. Specifically is it planning or 



Mr. Leonard. In the planning we are directed to give — signifi- 

 cantly increased protection of wildlife, watershed, recreation. 



Senator Murkowski. Is that not a priority that we all have? 



Mr. Leonard. That is correct, and the problem is when you have 

 a basic direction to manage all the national forests for these prior- 

 ities, but then Congress comes in and says on the Tongass you give 

 them particular attention, it is difficult to understand specifically 

 what the Congress intends us to do. We have the general mandate 

 to do that and then apply the Congressional language which would 

 direct that you give them special attention. 



