[Congressional Record Volume 141, Number 58 (Wednesday, March 29, 1995)]
[Senate]
[Pages S4801-S4802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT

  The Senate continued with the consideration of the bill.


                 Amendment No. 425 To Amendment No. 420

(Purpose: To extend the terms of permits for grazing on National Forest 
      System lands to allow time for compliance with the National 
  Environmental Policy Act of 1969 in connection with permit renewals)

  Mr. PRESSLER. Mr. President, on behalf of myself, Mr. Thomas, Mr. 
Simpson, and others, I send an amendment to the desk that has been 
approved on both sides and that the chairman of the Interior 
appropriations subcommittee has approved, and I ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from South Dakota [Mr. Pressler], for himself, 
     Mr. Thomas, and Mr. Simpson proposes an amendment numbered 
     425 to amendment No. 420.

  Mr. PRESSLER. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place insert the following:

     SEC.   . RENEWAL OF PERMITS FOR GRAZING ON NATIONAL FOREST 
                   LANDS.

       Notwithstanding any other law, at the request of an 
     applicant for renewal of a permit that expires on or after 
     the date of enactment of this Act for grazing on land located 
     in a unit of the National Forest System, the Secretary of 
     Agriculture shall reinstate, if necessary, and extend the 
     term of the permit until the date on which the Secretary of 
     Agriculture completes action on the application, including 
     action required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).

[[Page S4802]]

  Mr. PRESSLER. Mr. President, I rise today to propose an amendment to 
allow the renewal of grazing permits on Forest Service lands until the 
completion of the required analyses under the National Environmental 
Protection Act [NEPA].
  The management of Federal lands is the hub of multiple-use 
strategies. Sound stewardship and range management practices represent 
the foundation needed to protect Federal lands and ensure that they are 
maintained for future generations. Multiple-use practices by the 
ranchers themselves greatly enhance the condition of Federal lands. 
Keep in mind that many generations of ranch families have made a 
living, raised their families, and maintained these lands for future 
generations. The sustainability of their livelihoods is linked to the 
substainability of the land. They are the true environmentalists.
  Despite their previous good stewardship, ranch families now risk 
being punished for the Forest Service's inability to complete the 
studies required by NEPA in time for the beginning of the 1996 grazing 
season. Over 120 Black Hills' grazing permits must be reissued by the 
Forest Service before the 1996 grazing season, which begins in March 
1996. In accordance with NEPA, before the permits can be reissued the 
Forest Service must analyze each allotment for effects on endangered 
species, and environmental, cultural, historical, and water resources.
  In this time of downsizing, already 4,000 jobs at the Forest Service 
have been eliminated. Yet despite this reduction in human resources, 
the Forest Service must now take on sweeping studies of every single 
ranking allotment--not just in South Dakota--but throughout the Western 
States.
  I met with Chief Jack Ward Thomas of the Forest Service last week. He 
said that in order to complete these analyses as close on time as 
possible, he will have to concentrate both his financial and human 
resources on completing the NEPA studies. Chief Thomas said it himself: 
``This means that every other function of the Forest Service in the 
West will suffer as a result.''
  The timber industry will suffer, as well as the ongoing Black Hills 
forest management plan activity. In addition, because Forest Service 
personnel and resources will be spread so thinly, the risk of appeals--
of both timber sales and grazing permits--is even greater.
  I recognize that due to recent court action, the Forest Service is 
between a rock and a hard place. My amendment will solve the Forest 
Service's dilemma. It allows the permits to be renewed until the 
completion of the NEPA analyses.
  I would like to note that my amendment is very similar to an 
amendment offered yesterday by my colleague from South Dakota. However, 
my colleague's amendment was included as a part of the Regulatory 
Transition Act which could be delayed in conference for some time. The 
very fact that I am introducing a similar amendment again today attests 
to the gravity of the situation, and my commitment to passing a 
resolution to this problem into law.
  Unfortunately, Mr. President, we do not have much time. It is 
imperative that we resolve this issue quickly, for the sake of the 
ranchers and loggers in South Dakota--and across the West.
  I urge my colleagues to support my amendment.
  I will now yield to my colleague who has taken a great deal of 
leadership on this issue, the Senator from Wyoming.
  The PRESIDING OFFICER (Mr. Bennett). The Senator from Wyoming.
  Mr. THOMAS. Mr. President, I thank the Senator from South Dakota. He 
has joined with many of us to deal with this issue. It is one of these 
issues that has a timeliness problem.
  What we really have, as the Senator has pointed out, is during the 
past several months there has been some kind of court ruling that 
requires an individual NEPA investigation for every grazing permit. 
There are about 4,500 grazing permits from the Forest Service. About 
700 of them will expire this year, the end of 1995. And, under the new 
regulation, driven by the court procedure, these NEPA requirements 
would have to be completed before these grazing permits can be 
extended.
  The Forest Service has said there is no way they can do that within 
that length of time. The result would be that ranches that depend upon 
grazing permits for their summer grass for cattle and sheep would 
simply be out of business.
  This does not change the requirement, it simply provides for some 
time. It says basically that permits cannot be refused because of the 
lack of the NEPA regulation. In other words, it says until the NEPA 
regulation is finished the permits can be renewed. That is really what 
it is all about.
  By the way, there is plenty of protection. It is not a matter of 
protection. There are now NEPA requirements on the forest plain, at the 
forest level. It is already there. In fact you can make an argument it 
is not needed. We are not making that argument. We are simply making 
the argument that the process of NEPA can continue but that there is 
not enough time to do it without injuring people who have a business of 
grazing on public lands.
  This would simply extend the time for that to happen. It is timely 
and needs to be done so people can plan for next year, can plan to turn 
their cattle out, can have loans and continue their business as they 
always have.
  Mr. President, I urge the amendment. Let us put it in the bill so we 
can take away this threat to the economy of the West.
  I thank the Senator from South Dakota.
  Mr. EXON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. EXON. Mr. President, I want to congratulate my friend and 
colleague from South Dakota, and my colleague and friend from Wyoming. 
I just made some pronouncements about the new Secretary of Agriculture 
about adjoining States. Here we are, adjoining States again. I am here 
with my senior colleague from South Dakota, Senator Pressler, and my 
new colleague from the western neighbor of the State of Nebraska.
  I congratulate both of them for the amendment that has been offered. 
The matter has been cleared on this side and we are prepared to go 
ahead and agree to the amendment, if that is the will of the chairman 
of the Commerce Committee?
  Mr. PRESSLER. I thank my friend from Nebraska. I regret he is leaving 
this Chamber. I have previously said a few kind words about him, both 
here and in the press. But I thank him very much for his great service 
here in this body.
  Mr. President, I urge the adoption of this amendment.
  THE PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 425) to amendment No. 420 was agreed to.
  Mr. EXON. Mr. President, I move to reconsider the vote.
  Mr. PRESSLER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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