Statements On Introduced Bills And Joint Resolutions

Floor Speech

Date: March 5, 2009
Location: Washington, DC
Issues: Energy

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By Mr. WYDEN:

S. 536. A bill to amend the Clean Air Act to modify the definition of the term ``renewable biomass''; to the Committee on Environment and Public Works.

Mr. WYDEN. Mr. President, there is an old saying about ``not seeing the forest for the trees'' that applies to the current myopic policies on biomass from Federal lands. Right now, instead of helping to provide part of the solution to our Nation's dependence on foreign oil, biomass from Federal lands allowed to build up in the woods or worse become fuel for catastrophic fires. Instead of being part of the solution for energy independence, it is creating a problem for forest management and communities that border on Federal forests.

I rise today to introduce a bill that would allow woody debris and plant material--or ``biomass''--from Federal lands to become part of the solution to America's energy problems and to create new economic opportunities to help sustain our rural communities. This legislation would amend the Clean Air Act to modify the definition of the term ``renewable biomass'' contained in the Federal Renewable Fuel Standard so that biomass from Federal lands is eligible as a fuel source under this standard.

Today, biomass from Federal lands cannot be counted as a renewable transportation fuel. The change I am proposing would help tackle a number of critical problems--expanding the universe of biomass that can be used for fuel, helping pay for programs to reduce dangerous levels of dead and dying trees that fuel wildfires, thinning unhealthy, second growth forests, providing low-carbon fuels to address climate change, and create jobs in increasingly difficult economic times.

The reason we need this legislation goes back to the 2007 energy bill--the Energy Independence and Security Act of 2007. In that legislation, the Congress dramatically expanded the Federal mandate for the use of renewable biofuels, such as ethanol from corn and cellulose, and biodiesel. Unfortunately, this legislation included a definition of renewable biomass that is now part of the Clean Air Act which excluded slash and thinning byproducts from Federal lands--all Federal lands. This occurred despite the bipartisan work we had undertaken here in the Senate and in the Energy and Natural Resources Committee to come up with a more commonsense definition. The result is that biomass from millions of acres of Federal lands are arbitrarily excluded from serving as feedstock for the very renewable biofuels that the mandate requires.

Changing the definition of ``renewable biomass'' for the renewable fuels standard is very important to states like Oregon, where the Federal Government owns much of the land and where our forests are choked and overstocked. Critical work needs to take place in these forests and utilizing the excess biomass--small diameter trees, limbs and debris--for energy will help us get that work accomplished while getting us the added benefit of green energy. These byproducts are often a critical energy source for rural Americans, who use them in environmentally-friendly wood pellet stoves. But more importantly, they are part of the future of clean, renewable fuels--as further development of cellulosic ethanol will allow us to use these waste materials reclaimed literally from the forest and mill floors. Conversely, by excluding biomass from Federal lands, the existing mandate places ever more weight on the use of biomass from other sources, including the use of food-based corn and grains and private forests.

My bill seeks to utilize biomass from Federal lands in an environmentally responsible way. It will protect those natural resources that need to be protected, while allowing renewable biomass from Federal lands to contribute to our Nation's energy mix. First, my bill would allow biomass from National Forests and Bureau of Land Management forests to qualify as renewable biomass under the Federal Renewable Fuels Standard, but it would continue to exclude old growth and biomass from National Parks, Wilderness Areas and other environmentally protected areas. Second, the bill would require Federal land managers to ensure that the quantities of biomass harvested even from these eligible National Forest and BLM lands are sustainable. While biomass holds great potential as a clean source of energy, I want to ensure that it gets harvested at levels that are truly sustainable and that biofuels and bioenergy projects dependent on renewable biomass are sized appropriately so that we protect our forests and natural resources and ensure that biofuels production facilities will not wither and die because of inadequate feedstock supplies.

I want to be clear that my legislation only addresses the question of how the Renewable Fuel Standard treats biomass from Federal lands. It does not and it is not intended to reopen or overhaul the Renewable Fuels Standard as a whole. It is simply a targeted fix for our Federal public lands.

As we move forward with new energy legislation and work on developing additional green energy solutions, I want to ensure that renewable biomass is genuinely one of those solutions, including biomass from Federal lands. It is my hope that beyond fixing the definition in the Clean Air Act for the Renewable Fuels Standard, Congress will include a comparable definition in legislation addressing climate change and renewable electricity production requirements.

I look forward to working with my colleagues here in the Senate and in the House of Representatives to advance a biomass definition that balances sound energy policy with practical and sensible use of our forests.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record

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