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11-11-1999

ENVIRONMENT: Conservation Took Small Steps in Two Directions

Weary of bruising brawls over Republican attempts to dismantle the federal
environmental protection bureaucracy and Democratic efforts to extend it,
lawmakers in 1999 agreed on a new course: smaller steps forward--and
backward.

"There are areas that we're identifying that we can make smaller steps forward," said Sen. Mike Crapo, R-Idaho. "On some bills, that will work."

Except for some of the appropriations bill riders considered anti-environmental by the Clinton Administration--and largely neutralized in last-minute negotiations--few grand schemes emerged this year to radically alter the nation's course on resources and conservation. As Sen. Max Baucus, D-Mont., put it, Congress is "past the era of big bills."

On such issues as clean air and endangered species and coastal preservation, the baby-steps approach seemed to work best. The House passed fairly noncontroversial reauthorizations of the Coastal Barrier Resources Act and National Marine Sanctuaries Act, as well as a modest bill to better safeguard beaches. And House and Senate committees blessed a new program to restore a million acres of estuaries.

Not all of the small steps were viewed as forward movement by conservationists. For instance, the Senate Environment and Public Works Committee approved a bill, sought by highway interests, that would undo a key court ruling in support of the Clean Air Act that banned some highway construction. In the House, lawmakers approved a forests bill to provide rural schools with some of the revenues from public-land timber sales, a move that environmentalists see as an incentive to more logging.

Some of the committees took bigger legislative gulps, but their handiwork didn't progress far this year. Of those efforts, the most notable was the landmark Conservation and Reinvestment Act approved by the House Resources Committee on Nov. 10. The bill--an effort by two frequent adversaries, Reps. Don Young, R-Alaska, and George Miller, D-Calif.--would set up a $3 billion annual program to fund wildlife and conservation programs over 15 years by using revenues from petroleum production on the outer continental shelf.

Another Herculean effort was a House Commerce subcommittee's passage this fall of a sweeping electricity industry deregulation bill. But that bill, stalked by a surge of electric utility lobbying, isn't scheduled to come before the full committee until the spring, when Senate action is also expected.

In addition, House and Senate committees have passed bills to revamp the search for a nuclear-waste dump, but both contain veto triggers. The House bill would place the nuclear-waste fund "off-budget," and the Senate bill would sideline the federal Environmental Protection Agency's role in approving a dump.

Negotiations to reconcile two House bills (H.R. 1300 and H.R. 2580) that overhaul the federal Superfund cleanup program were left dangling at adjournment time. Democrats were pushing simpler legislation to encourage the reuse of urban "brownfields." In the Senate, the late Sen. John H. Chafee, R-R.I., earlier this year concluded that the Superfund reform effort was futile.

By some measures, the anti-environmental riders were the dominant conservation issue of 1999. The League of Conservation Voters, which scores lawmakers on their environmental votes, issued more than 20 letters to the 106th Congress on crucial issues in 1999; half dealt with riders on appropriations bills. In the end, Republicans gave up the bulk of what they had been seeking on behalf of mining, grazing, oil, and gas interests in the riders.

Robert Ourlian National Journal
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