[Congressional Record Volume 141, Number 52 (Tuesday, March 21, 1995)]
[Senate]
[Pages S4209-S4210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     THE REGULATORY MORATORIUM BILL

  Mr. STEVENS. Mr. President, I wish to take a moment to describe the 
effect of the amendment I authored and which is now part of the 
committee substitute for S. 219, the regulatory moratorium legislation.
  My amendment modifies the definition of ``significant regulatory 
action'' to include ``any action that withdraws or restricts 
recreational, subsistence, or commercial use of any land under the 
control of a Federal agency, except for those actions described under 
paragraph 4 (D) and (E).'' The effect of this amendment is to impose 
the moratorium contained in the bill on any action by a Federal agency 
to withdraw or restrict commercial, recreational, or subsistence use of 
Federal lands.
  The actions described in paragraph 4 (D) and (E) are ``any agency 
action that establishes, modifies, opens, closes, or conducts a 
regulatory program for a commercial, recreational, or subsistence 
activity relating to hunting, fishing, or camping'' and ``the granting 
of * * * a license, * * * exemption, * * * variance or petition for 
relief * * * or other action relieving a restriction * * *.'' In other 
words, a Federal agency may continue to manage these activities, even 
if the management action involved would restrict the public's use of 
Federal lands. This means that a Federal agency may close wildlife 
refuges to duck hunting, limit the number of people permitted in the 
National Parks to the number of campsites available, or prohibit 
trawling in certain areas to protect crab and halibut.
  In addition, my amendment defines ``public property'' to mean ``all 
property under the control of a Federal agency, other than land.'' This 
definition is necessary because the bill provides that the moratorium 
shall not apply if the President finds that ``the action is * * * 
principally related to public property * * *.'' Without this 
definition, the President could circumvent the purpose of my amendment 
by simply finding that the closing of Federal lands to grazing or of a 
National Forest to timber harvests is ``principally related to public 
property'' because the principal ``public property'' under the control 
of the Forest Service are National Forests. By limiting the definition 
of ``public property'' to ``all property * * * other than land'' my 
amendment would allow the President to exclude from the moratorium any 
action related to managing public property like motor pools, 
warehouses, and other buildings--including 
[[Page S4210]]  public toilets--in short, any action other than to 
restrict land use.
  Some have said this amendment goes too far. I think it does not. The 
President has plenty of exceptions that allow him to escape the impact 
of my amendment. There are exceptions for national security, law 
enforcement, health and safety, and international trade, among other 
things. And in the final analysis, it is the President who makes the 
final call as to what regulations are impacted by this law. The intent 
of my amendment is clear--I want to put a halt to agency actions that 
needlessly restrict the use of public lands.
  Mr. President, I commend my colleague from Delaware, Senator Roth, 
and his committee staff, particularly Frank Polk, Paul Noe, and Mickey 
Prosser for their efforts in reporting this regulatory moratorium 
legislation.


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