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Montana’s congressional delegation is reviving bills to undo the consequences of a 2015 Endangered Species Act lawsuit that’s angered the state’s logging industry.
Republican Reps. Matt Rosendale and Ryan Zinke have partnered with Sen. Steve Daines on a bill to reverse the endangered species review requirements affirmed in a 2015 lawsuit known as the “Cottonwood decision.” A ruling by the 9th Circuit Court of Appeals determined that the U.S. Forest Service must review management plans whenever an area was identified as critical wildlife habitat or significant information about an endangered species became available. The Canadian lynx was the subject of the lawsuit.
U.S. Sen. Jon Tester, a Democrat, is advancing a bill, on which he previously partnered with Daines.
In the House, the Committee on Natural resources advanced a cottonwood bill sponsored by Rosendale. The Forest Information Reform Act, FIR for short, exempts the Forest Service from having to review its management when new endangered species information surfaces.
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In a March hearing, Rosendale faulted review standards, post-Cottonwood, for killing a logging and vegetation project in the Lewis and Clark National Forest near Lincoln.
“We had the Stonewall project in the Helena Lewis and Clark national forests, and that would have managed, specifically managed, vegetation to benefit wildlife, specifically,” Rosendale said at the livestreamed hearing. “But cottonwood inspired litigation delayed the project.”
That hearing featured a witness Jonathan Wood, vice president of law and policy at the Bozeman-based, Property and Environment Research Center. Wood testified that delaying projects like Stonewall created environmental consequences, namely that small diameter trees and brush left untouched increased fire risk, harming air quality and water quality.
A second Montana witness, Ryan Bronson, government affairs director for Rocky Mountain Elk Foundation, testified that Stonewall would have reduced the forest canopy and improved grazing on federal land. Bronson suggested a pattern of elk increasingly migrating away from federal land to private agriculture and industrial forest land where habitat was better.
“I would say that probably the declining condition of the forest has a lot to do with this graph that we see here, where we used to have probably 20 times more forest being harvested, which created brows, which created that understory that they would actually be able to consume instead of having the old growth forests which wildlife just cannot,” Rosendale said. “I’m not a biologist. So, what wildlife will we find in these old forests that are choked out with dead falls?”
There wasn’t much wildlife to be found in unlogged areas.
Stonewall was a 24,000-acre project that included a 706-acre logging area, 406 acres of tree thinning and 269 acres of prescribed burning. A mile of new road was involved, along with the reconstruction of 25 road miles.
Stonewall limped into court with eight different site-specific exemptions by the Forest Service, which the court characterized as avoiding compliance with elk habitat requirements. Conservationists sued, not only over the elk issue, but also because the Forest Service didn’t reinitiate evaluation of grizzly bear matters.
Montana logging has declined sharply over the past 30 years. Softwood lumber production was 317 million board feet in 2022, less than half of what production was 20 years earlier, according to the Bureau of Business and Economic Research at the University of Montana. The state produced 1.3 billion board feet of lumber in 1987.
By comparison, Oregon produces 5.2 billion board feet annually, Idaho 1.7 billion, Texas 1.3 billion.
The day before the House Committee on Natural Resources advanced the FIR Act, Tester joined a cottonwood bill separate from what Republicans in Montana’s delegation were partnering on.
Tester’s staff described the bill as allowing already approved recreational programs, fuel reduction and fire management programs, and restoration programs on USFS lands to continue without having to go through the formal re-consultation process every time that FWS makes designation changes. Tester is up for reelection in 2024. His previous collaborator on undoing the consequences of Cottonwood was Daines. However, Daines is now chairman of the National Republican Senatorial Campaign Committee, which makes unseating Tester a priority.