Church correspondence and other documents related to mining, timber, and forestry

              The Honorable Frank Church
Senate Office Building
Washington, D. C.
Dear Senator Church:
920 Oak Street
Sandpoint, Idaho
April 13, 1962
Considerable interest has been created in lumbering circles in
this area by the transcript of the remarks of Senator Dworshak,
Mr. McArdle and Mr. Cliff at a recent Subcommittee hearing.
I have been a forester for many years, working principally in
timber cruising, forest road location and construction super­vision,
and logging.
Of special interest to me were the remarks concerning road needs.
It was pointed out that in addition to timber harvesting, roads
are needed also for "watershed management, grazing programs, and
fire protection, as well as for recreational use such as picnicking,
fishing and hunting."
These needs are recognized by the Forest Service--as evidenced by
the engineering and design of their roads. In actual practice,
the entire cost in the case of operator-built roads is charged to
the timber harvest. This is an unreasonable requirement and is
one of the Forest Service practices, I believe, that has helped
contribute to the distressed condition of the lumbering industry
in this area.
We of the lumbering industry feel that the cost of roads to a
standard suitable for removal of timber is an entirely fair charge
against stumpage. However, when roads are built beyond that
to higher standards to accommodate other uses than logging, then
we believe other provision should be made to take care of this
added cost.
Respectfully,
~~---
Mr. E. H. Nettleton
920 Oak Street
Sandpoint, Idaho
Dear Mr. Nettleton:
Ap.rll 18, 1962
The point made in your recent letter is very well
taken, in my judgment. Throughout this year, I have
participated in a series or conferences with re­presentatives
here in Washington ot the lumber industry,
with other Senatore from the Northwest, with officials
ot the Forest Service, and with the Secretary of Agri-culture
in search of a real breakthrough in adjueting
the policies of the Forest Service, and of other federal
agencies, to meet the problems that are hampering our
lumber industry. It is slow going, as I'm sure you know,
but I think we're making progress. I'm enclosing copies
ot statements I have issued about some or these activities .
I think the only way to get this job done is through
the application or steady pressure, on as many fronts as
possible. With respect to forest access roads, we have
had some success in getting the Administration to approve
increased appropriations, and are following through on
this with the Senate Appropriations Committee. Now I'll
also urge the change you have suggested in regard to re­ducing
the charge against stumpage for roads built to
standards above those required tor timber removal, and
see what can be done. I appreciate the constructive
approach reflected in your letter, and will be in touch
with you again as soon as the bell rings to end the next
round.
Sincerely,
Frank Church
Enclosures
Honorable Frank Church
United States Senate
Washington 25, D. C.
Dear senator Church:
y 1 7, 1962.
!'his is in reference to )'OUr letter of May 4, 1962 with 'Which you
enclosed correspondence from Mr. Chester Chastek of Spokane, Washington.
The Conservation Reserve phase of the Soil Bank Program provided assist ­ance
to producers in d1 vert1ns a part of their cropland from the pro­duction
of agricultural CO'IJIDOdities to conservation uses during the
period 1956 through 196o. ~ authority to place additional land under
Conservation Reserve contract ended in 1960, however, exiattng contracts
will remain 1n effect for the duration specified in each 1ridi.vidual con­tract
.
The 1962 Wheat end Feed Grain Programs offer aasistsnee to producers in
d1 verting a part ot their cropland being used for the produation of
wheat end feed grains to conservation uses. These and other production
adJustment and conservation programs are admi ni etered locally by State
and County Agricultural Stabilization and Conservation Committees.
!'he l'ood and Agricultural Act of 1962 as proposed by the Mministration
contemplates the developnent of programs 'Which will encourage the shift­ing
of some cropland out of the production of unneeded crops and into
uses for which there is some need such as wildlife habitat and recre­ational
purposes. Prov1dill8 this authority is obtained, some of the
programs developed thereunder might be of benefit to these people. A
SUDI!l&r)" of this proposed Act is enclosed. Also, we are enclosing leaf­lets
on the Agricultural Conservation Program vhich Mr. Cbastek may find
helpful .
We trust that ·this information will be helpful in replying to yom·
constituent . If' we can be of' further service, please call upon us.
Sincerely yours,
John P. ~can, Jr.
Assi.tant SecretarY,
LAW OF"F"ICES
DAVIS, TREZDNA, CHASTEK & LORENZ
SUITE 302 F"IDELITY BUILDINI3
IRVINI3 R. DAVIS
NORMAN F". TREZONA
CHESTER CHASTEK
WILL LORENZ
April 26, 1962
Honorable Frank Church
Idaho State Senator
Senate Office Building
Washington 25, D.C.
Dear Senator Church:
SPOKANE 1 1 WASHINGTON
RIVERSIDE 7-6159
We are counsel for one of the few remaining, and one of the
larger, independent timber operators in the Panhandle area
of Idaho. In spite of the fact that these past few years
have been difficult ones for the lumber industry, our clients
have continued to operate throughout the year and as a result
have been of tremendous value and importance to their res­pective
communities. It is the judgment of management that
one area in which companies such as ours can strengthen
themselves and thus become better integrated in the community
and more solidly entrenched, is to embark on a land acquisition
program. Obviously, the available private land on which one
can find old growth timber is definitely limited in acreage.
There does appear however to be a possible area in which
companies such as ours can work and that is in the cut-over or
second growth lands which are to be found in conjunction with
small farms centered throughout the Panhandle of Idaho,
In trying to develop a land acquisition program looking
toward the purchase of lands of this type, we are wondering
if there are some types of existing government legislation,
government subsidy or other conservation programs which can
be integrated in a land acquisition program of this type.
Without knowing the full scope of what might be available,
we recall such things as the soil bank, perhaps some way in
which land is planted to trees and for which the tree planter
can be paid, or maybe even legislation which pays the owner
for brush clearance, etc.
In carrying out a program of this kind we will obviously be
confronted with many and varied situations. It is therefore
essential that we have at our fingertips the knowledge of
what kind of help is available and from what sources.
Knowing your deep interest in the lumber industry in general
and of that in your own North Idaho in particular, we would
- 2 -
appreciate in detail any information you can give us regard­ing
the above matter. We will leave no stone unturned in an
effort to develop a program as outlined above but do need
some direction insofar as determining what agency or agencies
we should turn to, and what avenues we should pursue.
May we have your cooperation in this matter?
CC:k
. :1 s,nk Division
ASCS
Sincerely,
DAVIS, TREZONA, CHASTEK & LORENZ
California Mining Journal, ]armary, 1962
Idaho Leads Opposition To "Wilderness";
Weakening House Amendments Predicted
MINING industry representatives
who attended the House hear­ing
into the Wilderness Bill at McCall,
Idaho, are encouraged by the turnout
against the measure. Seventy-eight
persons spoke against the bill and 28
for it, according to Roger H. McCon­nel,
Kellog, who repres.ented the Bun­ker
Hill Co. and the Northwest Min­ing
Association, reports the Wallace
Miner.
A Development Bar
He said it was obvious that people
outside the mining and timber indust­ries
are "awakening" to the fact that
the bill would bar development of vast
natural resources on additional mil­lions
of acres of public domain.
Highly Organized Opposition
Witnesses who testified against the Sen­ate-
passed bill, S. 174, at the McCall hearing
included Idaho and Montana Farm Bureaus,
Idaho Reclamation Ass'n, Idaho Wool Grow­ers
and Cattlemen, Inland Empire Profes­sional
Foresters Ass'n, Lumber and Sawmill
Workers Union, soil conservation groups,
members of the Idaho legislature and indivi­dual
sportsmen.
One sportsman testified that elk and deer
need the browse provided by controlled log­ling,
he said.
Cal. "Softies" For The Bill
Sacramento field hearing of House Public
Lands Subcommittee on November 6 saw
preponderance of oral testimony favoring
""ilderness system bill S. 174 in present
form. Forty-five persons (mostly represent­ing
outdoor groups, garden clubs, women's
clubs, plus doctors, teachers and students)
testified in favor of immediate enactment
without further "weakening" amendments.
Twenty-seven persons (mostly representing
grazing, mining, forest products and cham­ber
of commerce groups) testi£ed against
the bill in its present form.
County Supervison Opposed
Most notable witness for bill was William
E. Warne, Administrator of the new Re­sources
Agency of California, ·who testified
"at the behest of Governor Brown" that the
Agency f\lrges passage of S. 174. Most not­able
testimony agaimt bill was that of James
G. Stems, Chairman of the Public Lands
Committee, County Supervisors Association
of California. Stems said that Association
feels county boards of supervisors are best
qualified to determine effect of wilderness
on local areas and urged a federal-state­county
partnership in zoning of wilderness
areas.
Subcommittee members present were:
Chairman Gracie Pfost (Idaho); Harold T.
Johnson (California); Ralph Rivers (Alaska)
and Hjalmar Nygaard (North Dakota).
The Score For & Against
At three hearings the vote of those giving
oral testimony ran 85 For, 146 Against. At
Montrose, Colo., petitions signed in the
. hearing room were: 23 For; 401 Against.
The committee reported letters received for
the present bill were heavily in favor.
House Amendments Expected
It is being widely predicted that House
will pass some version of S. 174 next year.
Chairman Pfost said Committee would take
up bill early in the year. There is increasing
evidence that Public Lands Subcommittee
Will consider substantial further amendments
including Allott amendment and a rumored
amendment requiring thorough survey of all
resources of a candidate area by team of
federal, state and resource-using groups be­fore
it could be included in system. An
interesting point of speculation is how much
more bill can be amended before propon­
«,:nts start to oppose it.
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UNITED STATES
DEPARTMENT of the INTERIOR
* * * * * * * * * * * * * * * * * * * * * news release
OFFICE OF THE SECRETARY
For Release QECEMBER 5, 1961
INTERIOR DEPARTMENT SUSPENDS NORTHERN CALIFORNIA EVICTIONS
Evictions of occupants of unpatented mining claims on public lands in
northern California's "Mother Lode" country have been suspended for 90 days,
Secretary of the Interior Stewart L. Udall announced today.
He emphasized that the several thousand northern Californians involved are
not being branded as "squatters" or "trespassers" even though eventually most of
these claims might be wiped out by legal processes.
Secretary Udall said that during the 90-day suspension his Department would
draft legislative proposals which Congress can consider in deciding whether the
occupants should be given preferential purchase rights to the land. He added
that the suspension order does not apply to instances where lands are needed
immediately for urgent public uses such as reservoirs, power line rights-of-way
and the like .
The occupancy in question is on lands administered by the Interior Department's
Bureau of Land Management and the United States Forest Service. The situation is
particularly acute in northern California, where population pressures put a premium
on the land, but it also exists in other Western States.
Occupancy of mining claims for other than mining purposes which has been left
unsettled for many years poses knotty problems to administrators who must determine
whe~ and how to set them aside, Secretary Udall said. Contest proceedings for all
of +,hem would take many years, he pointed out, adding that there is legislative
precedent for recognition of preference in land sales when possession has been
peaceful and long tolerated.
"Some of the claims may at one time have been adjudged valid, but current
evidence to support validity might not be easily or cheaply available," the
Secretary said. "Other claims have been acquired by quitclaim deed for full
value, without a .clear idea of the real nature of the title acquired."
He said some families have lived on the lands for a great many years, have
paid State and local taxes on the improvements on the land, and for years have
been ready, willing and able to pay the fair market value of the properties.
"Many people honestly, though mistakenly, have felt that the mining laws were
an appropriate means of acquiring possession and ownership for general residence
purposes unrelated to mining," Secretary Udall explained. This is particularly
true in areas of the Nation where mineralization is general, he added. It would
be wrong to label such honest mistakes as wilful wrongdoing, he said. Any cases
of deliberate abuse will be corrected promptly, he continued.
Northern California's public land occupancy problems have been permitted to
multiply for years, he pointed out. The Department of the Interior is determined
"to clear up the abuses," he said, but the Congress which sets basic policy "should
have an opportunity to pass upon a proposal which would give a measure of relief
to those entitled to it."
Secretary Udall said his Department has not made a final decision on what
legislation to recommend, but is weighing the following suggestions, among others:
It should encourage occupants to enter into purchase contracts to regularize
the occupancy; the contracts generally would be limited--under established
principles--to five-acre tracts or smaller; prices paid to the Government should
reflect fair market value, but the applicable date might well be in an earlier
year, possibly the date when the occupant began paying realty taxes in improvements
on the land; provision should be made to speed the final cleaning up of the whole
problem, possibly by Congressional limitation of the purchase privilege period,
after which criminal sanctions could be applied.
Secretary Udall said his Department recognizes its duty to administer its
public lands fairly and equitably under the law. "That duty," he said, "does
not include taking hasty, ill-advised or vindictive action."
That is why the innocent victims of circumstances deserve a Congressional
review, he said, just as wilful abuses also merit the Government's attention.
X X X
P.N. 104742-61 2
UNITED STATES DEPARTMENT OF AGRICULT URE
F OREST SERVICE
Honorable Frank Church
United States Senate
Dear Senator Church:
WASHING T ON 25, D .C.
IN REPLY REFER TO
2230
8 1962
Further information has been received from the field regarding the Weieer
Ranger District cattle permitteea' complainta. These complainte were
contained in their letter to you of January 10, 1962, and forwarded to
ua with your letter of April 4, 1962.
I have checked into the particular issues that have bean raised by the
livestock people. These stockmen are permittaee on certain grazing
allotmenta on the Weiaer Ranger Diatrict, Payette National Forest, that
have been of concern to forest officers for over 20 yeara. Range anal•
yeas have been completed for aeveral gracing allotments on the Weiser
Ranger Di1trict, from which management plana have been developed that
provide for: (1) improving the range by seeding, spraying sagebrush and
weeds, and conatructing fences and water developments, (2) improved man­agement
of the livestock, and (3) adjusting livestock use to the capacity
of the range. The plans have been developed over a long period of time,
and the principles they embody and the development program they provide
have been discussed with the affected permittee• on a number of occasiont.
The permittees have generally refuaed to accept the changes in management
or grazing intensity determined to be neceeaary to uae the land properly.
Diltrict Ranger Noman H. llack and Assistant Supervisor James M. Hockaday
recently presented the permittees the management plan for the Mann Creek•
Sturgil cattle allotment. The letter you received from the livestock
permittees ia the result of the recent efforts by these forest officers
to obtain acceptance of thia plan.
The livestock permittees asked for the tranafer of Aa1i1tant Superviaor
Jam.ea M. llockaday and Diltrict Ianger Norman H. Hack on the gl'ounde that
Mr. Hockaday doee not de1ire to cooperate with the livestock people and
Ranger Hack it incapable of appraieing the problema of the cattlemen.
Theae two men are well trained and experienced fore1t officers and are
fully qualified for the poaitione they occupy. Both men are graduates
from School• of Fore1try. Mr. Hockaday from the Univeraity of Idaho and
Mr. Hack from Colorado State Univer1ity. They have had long and aucceaa•
ful career• with the roreat Service, with broad experience in the field
of range management. Moving either of theae men, I believe, would be
unjuatified. A concerted effort 11 being made by both of them to manage
Growth Through Agricultural Progress
2
the htf.cmal or .. t 1 c1 un4ar their Jutiadie'ttoe 1a the bQt in erut
f the people of the UaJ.ted Stat•· ia itt tna aec..,ltaUd t.a accord
vit the 1..,. mel rqulatf.ODa aruler which he Por•t Service optl'etea.
'the patt. aruift& hlatory of the Mann ete•8tul'&il allo~t ,. nplet•
with the eOGf11ct b4it · the factt a&tbera4 by the f~eat officel't m4
the Ju~t of the pe~itteea. Tbia ettuatton precipitated a bea~tna
bafore tH loa.el J'oreatel' on 4amaUJ 30, 1951_. in ltoi .. , ldaho4 lt
w• broupt abo"t ·bf ..- of the .-. peop te wote the JAt.W4ry 10
letter to JOU•
~r r.corda aJaow that tbe feme Dittd.et &anau ancl forwa l'oreet ~upu ..
vf.aor att-.te4 to f.Jiprcwe tH ... t of thit aUoca.t in 1954 aR4
were crtttd•ed .aftcl eMir reoval ~ate4. qatn 1A 1961, the Veior
liver eatu_. •a .Aaaociattoa •• critical of all the fore t offtcer• of
the Payette kttoul Foraet wrktna tn MIN ancl Wa•hin&tcm Count! ...
aptte of the" c:enfUcta _,.. rarce illpnV81111D.t vol'k ha• b.- ckme on
the Mlm.ll CreeJt..Stuqil, Bitt Mou.atain. ·aM llaatb-Ddat er.ek all bllenta
af.oee 1954. 'l'he or-eat santee, atoaa wtth tu pualtt••· hu cooatrueted
19 atoelt vatu deValop~Mn~ em the M8hn Cl"Mk•Stlll'&il allo~t~ wf.th t:be
Porqt Service cen.tributina tlOOO •" tha penittee• au eat1•ated ltke
eaJI,Il\t. 'l'ftl'N Jtoek water pcm4a bave bMft COftlti'\JCt." by the paraitteu
of the JU.tt Mounta111 allotment vtth tile l'oraet Servtee COI\tl'ibutSns $550.
1'be uaath•Dultea CrMk allotetnt pentitt•• have eOHtaaetecJ two atoek •ter
troucha, wf.tb 'utel'iah ccmtd.buted by the roreat Suvice.
offer vu _. b7 the peftlitt•• of the Mam'l CrMk•Sturall allotaeat to
••-• th ... lvea $1.00 per 1uaa4 of p mitt .. atoek per year fo't five YMT•
to cnate a fqncl for re....Sfna Oft their allot.ent. THee furula wn to k
Wt&tchetf by "foreat entc:e ~: .. ee•.Uaa tuna.. ~. the pehlf.tuea wm 14
t aa~: .. to proteet the .. e4tn&• from a~:utna ~ eakbU.abalatt, or to
atoek the I'M .. Md uec at a tater aurc:h end aped.MC• have abown to be
nec••HI:'J for their pUpetuaU.oa. 1'be pend.tt ... with4rw their offer vhm
it •• aplaf.ne4 to t'*a that the ronat Sentce c.ou14 ftOt ...... to tM
proar• unleae tiNt ••-"tna• wre protMtu ani pnpuly atocucl after utab•
11.-.nt ..
'1'he Httt taift p l'lllltt ... obaerved that Aft "Old ab-edoaacl ditch atpt be
"" cl to cany at k •tar to a part of their ranae that •• poorly watere4.
This ....... IIUIIUti.o1l, but -·of the oi.tcb I'Cf~Qired pl.ac--t of a
uclaate em. tbe creek 'Where vatu •• to be 41verted to prn t •••ton
cJaaaae. 'to date, th1e hu DOt bee •• GO baa ql'ee..e:At b.- rue ed oo
1\tlee .. ary amwal uint&UN::e to Jc-., the 4ttcb 11'1. operable coad.tticm.. Tbta
cttteb can be uaecl lf t~ peraittHe will obbtin a aped.al•uae ,.nit for
ita qa. mel -at>• to ccm.truct the b"dp.te ancl utRtalD to ctttch accord•
ina to the ettpulatf.o¥11 of the pemt.t.
1'be peratttee1, atcorcltna ~ tlaeir ..Jam1u7 10, 1962, letter to '1 • kUeve
they an not t'eeetvq ~r f&t.r then of 111101d.aa IIPP"PI'iatecl Q a reault
/I
of leetlon U of the GJ:&n&e¥•'l'hya Act. Am:aully, f700.ooo i.e appJ:"opr1•
ate4 by coaareee for ranae t.prov ... nt• and devel~t work uodar the
proviaiou of th1e Act. lf enly the -.ount of fUIIC!a ear&aecl by the We1Mr
D1ttr1ct by reUOD of section 12 wen allocated. f1617 would be available
for conetruction alld tUJ.nteoanca of ranae project•. Duri.Da the paet feu.:
)'&al'e r-ae imp~-nt lunda to be ci1etl'1ct hPe evRaaect $2378, u
etlwar appropriated fUDi'le are &leo uNd for thi.e purpoee.
'the pel'attteee .... l't aeneraUy that fUD6t bt.Ye baea expeft44t4 fooliely
by tha roraet lenica for tillbel' ace••• l'oacle, recreat1oa, an4 otbar
faciU.tiea. 1 have not t.een able to ._teraine that th1a 1a corl'ect. 1
believe the liveetock people are aware of the fact that the roreat tervice
baa ao authority froa Ccm&l'aee to allocate fun .. for ruae dwetopae t
project• vldeh have been Mt aeida for other purpoeae.
lu their latter to you ~ pe~tteee have 1Qdicate4 that heavier calvee
are oaw heiq pl'ocluced OD theae ranae• thaD in the pa1t. Altboqh daie
_,. be t~e, c011tl'olle4 araaiaa experS.Mntt have ehawa. that. ani•l welahte
do not adequately reflect l'&Dae coraditton .,. ee~cially trend. in condtt.101l.
The cattle are oft• able to obtain eufficlent forqe to Mtiefy tbeil'
aucnctoul l'ectuirt~~~~~Gt.a by evenaaiaa t'M 4eet.rabla plate an4 by uelq
ao.e of the lett detb•able apec1atl COftMqueatly, their weiahta My not be
eiiQificaatly affected by iAtaaatty of u .. until •ev•r• raaae deteriora­tion
bat OCCU11'H4. Jy Chit tilla va&etatioo ad 1011 M)' be 10 badly
.s..aad that coatly rebabllitatiOA ••~rea are Mcaeeuy to reeton the
ranae•waterehe4 to a eatitfactory coodltion. Calvea are part1eu1awly
luMatitlve to l'&Die cODCI1t1oa. !hey l'&ceiv• •ch of their euatenanc.
lr• their 110tur • • ailk. which t.a ott• .. tntaf.Oiltd. at tlte expenH of
body wet.aht. Therefore. it it apparent that tat1efactory aaiNt in U.va•
atoek welpte .. y oeeur at the .... tt• raqe COD4it1oaa are deterlorat•
tq.
the po1Dt it alao ude t!aat Upt Bt"Utq tncreaaee the fire haau4. Al•
tbouah ltpt ara&iQ& doe• leave a araeter volUM of potential fuel ou the
'l'&Die. both Jl:U1q and clippiaa axperiMata lulve HCIIIft't that at luat
half of tha herHae produced annually by a plant ••t ba left intact in
order for it to complete ita normal life proc••••• and a.inta1n ita viaor.
1'\arthanore, thl.a laar'baae left on the l'anse• providea the ccne:r- aeeclecl to
prevent exceelive ei'Otioo. Oil the other hand, heavy utlU.utloa ldlla
deairable pereDDi&l araaaaa, reduce• the arouad cover an4 allove ~·
ina al'otion, CDCl pel'laite the tavaaf.oa of web wea4y apaciaa •• cheatarua,
whlc.h ia .uch aere iufl ... ble than the OJ:'iat.ul vesetation. Cstf.maal
overaraaiq, tbeu, can aetually cauea ao.-a real ~e to a ranae than an
occaatoaal fire, vhlch nOI'IIIlllY occure who plante are 1n a clomuat atate
PC1 lea at vubwrabla to iujvry fre~a top r.-.val by uy cauae. lk'IIWtiVer, we
deplore ruae abuee by either arasiq 01' ftre, an4 l .. lt to •intaiD opti ..
coaditloae fol' both walfara of tbe dee1rabla plant• and watarehe6 pl'otec•
tioa.
4
l einearely ~ the arastaa per.ltt••• &D4 local foreat officer• can
achieve a tual uaderetancliq la thi• •tter and will •••lop unaa.-nt
plana that will brtna about coatinued, •uetaiaed yield ST•-'D& ef thelt'
attoul loreet rana••·
IDWAJI) P. ct.Irr. Ch1• f
By
xc: Senator Church ~