The environmentalist threat to intelligent timber management

By Charles R. Batten California Forest Protective Association

DASS a strong state EnvironmenI tal Quality Act, patterned after the National Environmental Protection Act; add one strong Forest Practice Actl mix well with a formal opinion by a Deputy Attorney General who is also an environmental activistt season with one court ruling: appoint a vice president of the Sierra Club as chef: pour generously over a boiling cauldron of discontent caused by already severe unemployment and depression - and you will have a full powder keg that needs only one spark to cause it to explode.

The boiling mixture is heard nationwide, as the conflict continues over who should have the last word in planning timber operations on private lands in California: the landowner and his professional forester, or the State.

In January a preliminary court ruling in a case brought by the Natural Resources Defense Council against three companies operating near the Redwood National Park. ruled (on a technicality of law still being disputed) that activities under the state's strict Forest Practice Act are also subject to the California Environmental Quality Act (cEQA).

Immediately, word went out to the field offices of the state Division of Forestry to hold up the processing of timber harvest plans (required under the Forest Practice Act) pending the issuance of regulations for the preparation of environmental impact reports (EIRs) required by CEQA.

"Emergency" regulations were issued, governing the processing of all except the most "sensitive" plans with a "negative declaration" - a statement that the impact on the environment is minor and an EIR is not required.

But still the log jam of unprocessed plans piled up. Finally, on April 3, the director of the Conservation Department signed emergency regulations which established a "functionally equivalent" process. It added an "environmental addendum" to the timber harvest plan, and provides that plans be reviewed by a team

Story at a Glance

The damage caused by environmentalists to California's already weakened timber industry is a probable preview of coming hassles in other Western states possible results include restricted su pply, increased prices for wood products all down the line .... question: does the landowner hold the land for "the greater good" of society?

Public notice is given, and the public invited to comment on any plan. The regulations provide that "Judicial review of any final action of the State Forester or the Board of Forestry may be had by any person..." The log jam has finally been broken and plans are now being approved by the state, often after the imposition of additional conditions beyond those required under the Forest Practice Act.

All of this has been in spite of the final judgment of the Court, which confirmed that CEQA must apply to timber harvest operations, but which also said: "Appeal of this judgment shall operate as a stay." The case has been appealed. The Secretary for Resources has been petitioned to repeal her emergency regulations, and a hearing has been set. After administrative procedures have been exhausted, the issue is expected to be taken to the courts.

Opponents of the state's hasty action contend that the Resources Agency has taken authority specifically delegated by the legislature to the Board of Forestry. By law, the Board develop-

Lumber and Buildlng Materials ed the forest practice rules and the timber harvest plans. The State Forester was given no legislative authority to overrule the Board, but he has done that by requiring a two-page "addendum" to the timber harvesting plans, and by specifying conditions under which timber harvest plans are approved.

Individuals in the Division of Forestry have broad leeway under the present legally questionable regulations to determine what is a "sensitive" area, where timber harvest plans may be altered or rejected, with no guidelines of any kind.

The state's action has been likened to putting the professional forester (licensed by the state) who prepares a timber harvesting plan in the position of a surgeon performing an operation with a committee of laymen looking over his shoulder, each giving him directions, and telling him what tool to use.

The imposition of the state's will over the landowner and the orofessional forester will inhibit innovation and the search for better ways of doing things. In the long run, it will result in less productivity from forest land.

The cumulative effects can be great. A timber operator whose harvestingplan is subject to change before it is approved by the state has no way of knowing what his costs will be. He cannot purchase timber in advance. No bank will loan money unless it has reasonable assurance of a profitable operation by the operator, and financial sources dry up.

The result, if the present requirements are not lifted, will be two-fold. First, the landowner will receive lower prices for standing timber, and there will be less incentive for him to practice good forestry on his property. The second result will be rising prices of products to the consumer because of the niore limited flow to market.

Though the boiling controversy in northern California appears to be an isolated issue, it is part of the nationwide movement toward more stringent state and federal land use controls. It is part of a national movement to change the traditional public concept of freehold land ownership (where the owner may use, enjoy, sell or give away his land) to the concept of "social property," where land and other resources belong to society, and the owners merely hold them by permission of some superior authority - a concept firhich is a reversion to the feudalism which was abandoned in this country more than 200 years ago.

Ole's Buys 7 Build n' Saves

In what will probably prove to be one of the more spectacular home improvement center growth stories of 1975, Ole's Home Centers, Rosemead, Ca., has acquired the seven stores of Build 'N Save to become one of the largest privately-owned home improvement center chains in the country and the largest in the important California marketing area, according to Max D. Knell, president of Ole's and Harvey G. Knell, exec. v.p. Acquisition adds 275900 sq. ft. of store sales area to the 650,000 sq. ft. of Ole's existing l3 stores, resulting in a new total of 925 ,000 sq. ft.

Four of the Build 'N Save stores are in bustling,heavily populated Orange County (Garden Grove, Orange, Anaheim and Fullerton) and three are in Los Angeles County: Lakewood (Long Beach), Torrance and Carson.

Build 'N Save store locations strategically compliment existing Ole's Home Centers, which are in Pasadena, Rosemead, Covina, West Covina, Hacienda Heights, Upland, Fontana, Riverside, San Bernardino, Northridge, Reseda, Burbank and North Hollvwood.

NAWLA To Homestead

Forest products distributors and manufacturers from all over North America will converge at the world-famed Homestead resort in Virginia, June 17-19 for the 83rd annual meeting of North American Wholesale Lumber Assn.

It will emphasize '?rofit Through Positive Actions" in business sessions designed to return the delegate to his tirm with tangible programs to enhance company profitability.

Over 750 delegates and their wives are expected to attend.