Forest Owners Applaud House Passage of Forest Roads Amendment to Farm Bill

WASHINGTON, DC, June 19, 2013 – The National Alliance of Forest Owners (NAFO) today applauded leaders in the U.S. House of Representatives for adopting by voice vote an amendment to the Farm Bill, the Federal Agriculture Reform and Risk Management Act (H.R. 1947), offered by Jaime Herrera Beutler (R-WA) and Kurt Schrader (D-OR). The amendment preserves the U.S. Environmental Protection Agency’s (EPA) 37 years of success regulating forest roads as nonpoint sources under the Clean Water Act (CWA) and mirrors the Silviculture Regulatory Consistency Act (H.R. 2026) introduced on May 16.

“We thank the sponsors the committee leadership and a long list of members on both sides of the aisle for their hard work in securing this common sense amendment to the Farm Bill,” said Dave Tenny, NAFO President and CEO. “This amendment restores legal certainty for forest owners and operators and protects thousands of jobs throughout rural America by reaffirming that forest roads are nonpoint sources most effectively regulated under state-adopted Best Management Practices.”

The Supreme Court reversed last May a 2011 decision from the U.S Court of Appeals for the Ninth Circuit (NEDC v. Brown) that forest roads used for timber harvest require mandatory CWA industrial stormwater discharge permits typically applied to factories and other facilities.  The Court did not, however, address the more fundamental question of whether forest roads are point sources under the CWA.  Under a previous and separate Ninth Circuit order, EPA is reviewing whether to regulate forest roads as point sources. Plaintiffs have told the Supreme Court and the media they intend to use this process and further litigation to require permits.

“House members in both parties know that as the housing market begins to recover it is important to avoid an unnecessary and costly permit requirement that would threaten the recovery and jeopardize rural jobs while not improving water quality,” Tenny said. “I think we can all agree on the common-sense economic and environmental merits of this amendment.  We encourage our supporters in the House and Senate to keep this amendment in place as they finish their work on the Farm Bill.”

The bipartisan legislation enjoyed the support of nearly 150 forestry associations, companies and organizations from across the country.