THIS SEARCH     THIS DOCUMENT     THIS CR ISSUE     GO TO
Next Hit        Forward           Next Document     New CR Search
Prev Hit        Back              Prev Document     HomePage
Hit List        Best Sections     Daily Digest      Help
                Doc Contents      

CONFERENCE REPORT ON H.R. 2466, DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2000 -- (House of Representatives - October 21, 1999)

Status: Amended but remains objectionable. After being passed by the full Senate on 9/24/99, the provision was amended in conference to allow for ``headquarters or departmental activities'' to be associated for with the AHRI program but still specifically prevents funds from

[Page: H10663]  GPO's PDF
being transferred or being used to support the management fund at the Council for Environmental Quality (CEQ) for this program.

   (14) Sec. 331: Limiting Preparation for Climate Protection--would limit the federal government's ability to address the international implications of climate change and help other countries to reduce greenhouse gas emissions, thereby prolonging the emissions of dangerous carbon dioxide and other global warming pollutants. The rider ignores the United States' existing commitments to reduce emissions under the 1992 Senate-ratified Rio Treaty. Specifically the provision, offered by Representative Joseph Knollenburg (R-MI) in full committee, would prohibit use of federal funds by federal agencies ``to propose or issue rules, regulations, degrees, or orders for the purpose of implementing, or in preparation for the implementation of the Kyoto Protocol.'' Similar language has been inserted in the House versions of the FY 2000 Commerce/State/Justice, Energy and Water, VA-HUD, Agriculture, Foreign Operations, and Interior Appropriations bills.

   Status: Unchanged as passed by the full Senate on 9/24/99 and negotiated by the House-Senate conference committee as of 10/18/99.

   (15) Sec. 333: Tongass Red Cedar Rider--would continue the failed policy of exporting wood and jobs off the Tongass National Forest by leveraging the amount of Western Red Cedar available for export to the lower 48 and international markets against the percent of the Tongass' allowable sale quantity (ASQ) that is actually sold. Alaska's Western Red Cedar is a valuable export item and has become scarce in the forest as it only grows in the southern Tongass. The remaining old-growth Red Cedar provides important habitat for brown bears and wolves. The rider stipulates that the only way in which interested manufacturers in the lower 48 can have access to all of the surplus Alaska Red Cedar logged in FY 2000 is if the forest's entire allowable sale quantity is sold. Moreover, the rider requires that the sold timber must have at least a 60 percent guaranteed profit margin for the purchaser, continuing to maintain the Tongass's timber program as our National Forest System's largest money loser.

   Status: Unchanged as passed by the full Senate on 9/24/99 and negotiated by the House-Senate conference committee as of 10/18/99.

   (16) Sec. 334: Undermine Science-based Management of National Forest and Bureau of Land Management Lands--would attempt to provide the Secretaries of Agriculture and Interior broad discretion during FY 2000 to choose whether or not to collect any new, and potentially significant, information concerning wildlife resources on the National Forest System or Bureau of Land Management Lands prior to amending or revising resource management plans, issuing leases, or otherwise authorizing or undertaking management activities. This section (formerly ``Section 329'') seeks to overturn a February 18, 1999 decision by the United States Court of Appeals for the Eleventh Circuit that the Chattahoochee National Forest in Georgia had violated the law by not maintaining population data on management indicator species as required under 36 C.F.R. 219.19, or sensitive species as required under its own forest management plan. However, the implications of Section 329 extend far beyond any single national forest. For example, the Forest Service could attempt to use the language of Section 329 to undercut full implementation of, and accountability under, the NW Forest Plan. This section's ``don't ask, don't tell'' approach may invite the Forest Service to take a shortcut around the information collection and analysis required by the plan--undercutting the basis on which Judge Dwyer upheld the plan, as well as recent Ninth Circuit case law. Beyond seeking to undermine existing law, Section 329 directly contradicts the overall direction recommended by the recent findings of the Committee of Scientists for land management planning on national forests. Its attempt to provide agencies the discretion to bypass existing information gathering requirements on wildlife resources prior to making land management planning and activity decisions undermines the very ability to arrive at scientifically credible conservation strategies. Section 329 is not the first ``don't ask, don't tell'' rider offered in an attempt to allow the government to forego the collection and consideration of important scientific information. The 1995 salvage logging rider also adopted this approach in some significant ways with harsh results for government accountability and ultimate credibility.

   Status: Amended but remains objectionable. After being passed by the full Senate on 9/24/99, the provision was slightly amended in conference but still seeks to waive the requirement that the USFS and BLM survey for wildlife before authorizing timber sales, grazing permits, and other activities on public lands. The revised language in Section 334 is further exacerbated by a new provision that seeks to grandfather in Northwest Forest Plan timber sales that were illegally authorized without wildlife surveys. Sen. Robb (D-VA) offered an amendment to strike the provision on the Senate floor on 9/9/99. The amendment was defeated by a vote of 45-52.

   (17) Sec. 336: Weaken 1872 Mining Law--would weaken the 1872 Mining Law by removing toxic mining waste dumping limitations on federal public land. The rider was attached by Senator Larry Craig (R-ID) in full committee. In the only provision of the 1872 Mining Law that protects the environment and taxpayers, the millsite section states that for every 20-acre mining claim, mining companies are allowed one, and only one, 5-acre mill site for the processing or dumping of mine wastes. Craig's rider would strip the millsite provision entirely, legalizing unlimited mine waste dumping on public lands. The Craig rider represents a sweeping change to the 1872 Mining Law, and in the process it removes the only incentive the mining industry has to seriously negotiate environmental and fiscal reform to one of the most destructive public lands laws on the books.

   Status: Amended but remains objectionable. As currently written, the conference language would exempt from the millsite waste dumping limitation: existing mines, expansions to existing mines, grandfathered patent applications and mines proposed before May 1999. It also could be viewed as rescinding Congress's 1960 acknowledgment of the millsite provision as law. On 7/27/99, Senators Patty Murray (D-WA), Richard Durbin (D-IL), and John Kerry (D-MA) offered a floor amendment to strike this rider. That amendment was tabled (i.e., rejected) by a vote of 55-41 and the rider was retained. Additionally, Nick Rahall (D-WV), Christopher Shays (R-CT), and Jay Inslee (D-WA) offered an amendment to the House Interior Appropriations bill (H.R. 2466) on 7/14/99 to prevent the unlimited dumping of toxic mining wastes on public lands. The amendment, which passed on the House floor by a vote of 273-151, and was followed by a successful motion to instruct the house conferees to keep the Rahall language, directly contradicted the Senate provision which would eliminate the millsite provision of the 1872 Mining Law. Despite these votes, the House capitulated to the Senate in conference.

   (18) Sec. 341: Stewardship and End Result Contracting Demonstration Project--would permit the Forest Service to contract with private entities to perform services to achieve land management goals in national forests in Idaho and Montana, and in the Umatilla National Forest in Oregon. A similar provision was inserted and passed as part of the FY 1999 Interior Appropriations bill. Land management goals include a variety of activities such as restoration of wildlife and fish habitat, noncommercial cutting or removal of trees to reduce fire hazards, and control of exotic weeds. While the stated land management goals, provision for multi-year contracts, and annual reporting requirements are worthy, there are three major drawbacks contained in the language of the FY 1999 law: undefined community roles, the lack of provisions for monitoring and oversight, and the funding mechanism for desired work. This provision was added at the request of Senator Conrad Burns in Subcommittee.

   Status: Amended but remains objectionable. After being passed by the full Senate on 9/24/99, the provision was amended in conference but does not substantially address the concerns articulated above.

   (19) Sec. 343: Delay Critical Land Acquisition--would significantly compromise the public land acquisition process in the Columbia River Gorge National Scenic Area and would establish a dangerous precedent for land protection elsewhere. This provision would require duplicative appraisals for leach land purchase and add unnecessary bureaucracy, delays, and complexity to the process. Moreover, it would foster an unjustified presumption that the existing land valuation process is flawed, creating a basis of hostility and antagonism likely to frustrate willing-seller negotiations. As a result, this extreme departure from longstanding acquisition policies would be a substantial impediment to continued conservation in the Columbia Gorge and would set the stage for similarly unproductive ``reforms'' in other conservation areas.

   Status: Amended but remains objectionable. After being passed by the full Senate on 9/24/99, the provision was amended in conference to but does not substantively address the concerns articulated above.

   (20) Sec. 346: Effectively Waives NEPA requirements for Interstate 90 Land Exchange (WA)--would require the Secretary of Agriculture to complete a land exchange in Washington State with Plum Creek Timber Company within 30 days. Such mandate could circumvent the National Environmental Policy Act's public participation and environmental review requirements. The proposal to give Plum Creek the Watch Mountain roadless area and old growth groves in Fossil Creek (both now parts of the Gifford Pinchot National Forest) has sparked significant opposition. The rider could cut short full consideration of the public's concerns and block judicial review of the adequacy of the environmental analysis that has been done. The rider also orders the Forest Service to identify further lands to be traded to Plum Creek.

   Status: Unchanged as passed by the full Senate on 9/24/99 and reported from the House-Senate conference committee. This provision was originally inserted into the bill as part of a managers amendment on the Senate floor on 9/14/99 on behalf of Sen. Slade Gorton (R-WA).

   (21) Sec. 350: Prevent Grizzly Bear Reintroduction--would be disastrous for grizzly bear recovery and sets a very dangerous legislative precedent. This language prohibits the Department of the Interior and all other federal agencies from expending funds in any fiscal year to introduce grizzly bears anywhere in Idaho and Montana without express written consent of the governors of those two states. The language requires federal agencies to get state permission to implement a federal law on federal lands and sets a

[Page: H10664]  GPO's PDF
broad precedent, both for other endangered species recovery actions and for all other federal laws. Moreover, this provision would derail a five-year collaborative effort initiated by local timber, conservation, and labor interests to restore grizzly bears to the Selway-Bitterroot ecosystem in Idaho and Montana, the largest roadless area remaining in the lower forty-eight states. This reintroduction is vital to grizzly bear recovery in the lower forty-eight states. Finally, both Idaho and Montana have existing populations of grizzly bears outside the Selway-Bitterroot ecosystem. This restrictive language is so unclear and broad that it could prohibit actions such as population augmentations or the movement of problem bears within existing recovery populations (e.g. Glacier and Yellowstone National Parks).

   Status: Unchanged as passed by the full Senate on 9/24/99 and negotiated by the House-Senate conference committee as of 10/18/99. On 7/27/99, this provision was stricken from the Senate bill in order to comply with Senate Rule XVI, which was reinstated after a four-year suspension by a Senate floor vote of 53-45 one day earlier. Rule XVI restricts the addition of unrelated policy riders to appropriation bills on the Senate Floor. However, on 9/14/99 Sen. Burns (R-MT) and Sen. Craig (R-ID) successfully re-offered the provision which still prohibits funds for the physical relocation of grizzly bears into the Selway-Bitterroot ecosystem, but limits the prohibition to fiscal year FY2000. Although amended, the provision remains objectionable.

   (22) Sec. 355: Delays Improvements to White River Forest Plan--would further delay the revision of the forest plan for Colorado's White River National Forest by extending the comment period on the revised plan for another three months. The Forest Service has already granted a 90-day extension making the comment period six-months long more than ample time for all interests to make their views known. This forest is one of the most popular national forests in the country, containing the world-famous Maroon-Snowmass Wilderness along with Vail, Aspen and several other ski areas. In its draft management plan, the Forest Service has proposed for the first time trying to better manage rampant recreation by limiting it to its current levels to the outrage of the motorized recreation and ski industries. The rider is a thinly veiled attempt to delay the new forest plan until the next Administration in hopes of permanently sandbagging any attempts by the Forest Service to rein in corporate ski area expansions and rampant off-road vehicle use.

   Status: Unchanged as negotiated by the House-Senate conference committee as of 10/18/99. This provision was added in conference by Senator Ben Nighthorse Campbell (R-CO).

   (23) Sec. 357: Blocks Stronger Hardrock Mining Environmental Regulations--would further delay the Department of Interior's attempt to strengthen environmental controls applicable to hard rock mines (the so-called ``3809 regulations''). Specifically, the rider would extend the moratorium on stronger hardrock mining regulations through the end of fiscal year 2000.

   Mr. HASTINGS of Washington. Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. GOSS), the vice chairman of the Committee on Rules.

   (Mr. GOSS asked and was given permission to revise and extend his remarks.)

   Mr. GOSS. Mr. Speaker, I thank my friend, the gentleman from Washington (Mr. HASTINGS), for yielding me this time.

   Mr. Speaker, I rise in support of the rule and the Interior conference report, and I wanted particularly to commend the Committee on Appropriations, particularly the gentleman from Florida (Mr. YOUNG) and the gentleman from Ohio (Mr. REGULA), for including funding increases in areas such as the Park Service and the wildlife refuge system, particularly in this difficult year.

   This bill is critically important to my home State of Florida. It is not just my home State. It is the destination of many visitors as well. Since it serves as the main vehicle for Everglades restoration funding, I am pleased that this year as in past years the committee has made sure that Congress continues to lead the charge in restoring the Everglades, unquestionably a unique national treasure which gives great enjoyment to a great many people.

   In addition, I am grateful that the committee was able to make available land acquisition fund for the J.N. Ding Darling National Wildlife Refuge which happens to be in my district and in fact comprises about 50 percent of my hometown of Sanibel, another area that is enjoyed by literally millions of visitors.

   Some of my colleagues have expressed some concern about certain riders in this conference report before us. I know that I generally share the opinion of my colleagues on the Committee on Appropriations when I say these issues really are best handled through the authorization process, which is why we have authorizers and authorizing committees.

   Of course, as my good friend, the gentleman from Ohio (Mr. REGULA), is well aware, however, that since 1983 Florida has benefited from a legislative rider on this bill that protects our coastal areas from offshore oil and gas drilling. We have been trying to deal with the issue in the authorization committee, but so far we have been unable to get the job done so I want to express my appreciation and I think the appreciation of the full Florida delegation that the committee has once again included this stop-gap rider to protect Florida offshore waters from oil and gas drilling, which is a position our State holds very strongly and some other States do as well.

   I urge my colleagues to support this rule, which is fair and traditional for this type of legislation. I urge them to consider the conference report carefully and support it, because it is a compromise conference report; but I believe it is a very good one under the circumstances.

   Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. GEORGE MILLER).

   Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong opposition to this conference report. This legislation defies the will of the American people by severely underfunding our national effort to protect and preserve the national lands and because it contains anti-environmental riders that interfere with the proper management of the public's resources.

   This report drastically underfunds the President's land legacy initiative that is designed to protect the endangered lands and resources that are threatened by development. It is ironic that this legislation should take such an extreme and anti-environmental position on such an issue at a time when we are working mightily to fashion on a bipartisan basis a resource initiative.

   Throughout this country, hundreds of thousands of people from soccer moms to sporting goods manufacturers, from environmentalists to hunters to park professionals to inner-city police organizations have come together to reach and support legislation that would expand, not constrict as this legislation does, the amount of investment we in Congress would make with the resources of this country.

   The President requested $413 million for his land legacy and the land water conservation fund for the year 2000. The conference report provided less than $250 million. The administration sought $4 million for urban parks programs. The conference report provided half of that amount of money. We have to understand that the people of this country want these resources protected. They want the opportunities expanded. Ninety-four percent of all Americans support more funding for the land and water conservation fund. That is a Republican pollster taking that poll. Eighty-eight percent of the American people agree we must act now or we will lose these special places.


THIS SEARCH     THIS DOCUMENT     THIS CR ISSUE     GO TO
Next Hit        Forward           Next Document     New CR Search
Prev Hit        Back              Prev Document     HomePage
Hit List        Best Sections     Daily Digest      Help
                Doc Contents