[Congressional Record Volume 141, Number 113 (Thursday, July 13, 1995)]
[House]
[Pages H6929-H6966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1996
The SPEAKER pro tempore. Pursuant to House Resolution 187 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1977.
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in the committee of the whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the consideration of the bill (H.R.
1977) making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1996, and for
other purposes, with Mr. Burton of Indiana in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Ohio [Mr. Regula] and the
gentleman from Illinois [Mr. Yates] will each be recognized for 30
minutes.
The Chair recognizes the gentleman from Ohio [Mr. Regula].
Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, Members of the Committee, first of all I want to thank
those of my colleagues that supported the rule because I think we have
a good bill here given the fact that we are under the constraints of
the Budget Act which reduces our amount of money over 10 percent, and
also I want to say to the gentleman from Illinois [Mr. Yates] and the
members of the subcommittee on both sides of the aisle that we had a
very bipartisan subcommittee. We worked well together. We tried to be
as totally nonpartisan as we had to make these difficult choices, and
we did as much as possible to address the challenges of the Interior
and related agencies' responsibility with the funds that were
available, and I think on balance we did a good job of achieving that.
The gentleman from Illinois [Mr. Yates] and the whole team worked well;
the staff and the associate staff worked as a team. We worked very
closely with the authorizers. I say to my colleagues, ``There isn't
anything in this bill that's not approved by at least the chairman and
the members of the authorizing committee so that what we have here is a
team effort.''
Mr. Chairman, obviously we are going to have differences, and that
will be reflected in the amendments, some substantial policy issue
differences. I will say at the outset, ``We'll do everything we can to
expedite this so Members can get home but not in any way stifle debate
in the process.''
I am going to be very brief in my opening comments here. I think it
boiled down to three areas, as I would see it, given the constraints of
the budget reductions.
First of all, we had the must-dos. The must-dos were keeping the
parks open, keeping the Smithsonian open, keeping the visitor
facilities at Fish and Wildlife and Bureau of Land Management open to
the American people. Two hundred sixty million Americans enjoy the
public lands, and they enjoy them in many ways. They enjoy them in
terms of looking into the Grand Canyon and seeing a magnificent thing
created by our Creator. They likewise enjoy going out and fishing in a
stream or hunting in a national forest. They enjoy going to a Fish and
Wildlife facility to see how we propagate the species of fish and how
we nurture the fishing industry. They enjoy going to the Bureau of Land
Management facilities, the millions of acres.
So, Mr. Chairman, we made every effort to do those things that the
public enjoys, and we held the operating funds at roughly a flat level
given our constraints, meaning that we would in no way restrict public
access to these great facilities that people care a lot about, and
about a third of the United States is public land owned by all of the
people of this Nation, and we make every effort to insure that their
experience with that will be very enjoyable, and that led to the second
category of things, and that is the need-to-dos.
As I see it, the need-to-dos were to insure that sanitary facilities
at our national parks, and forests and other facilities were good. The
need-to-dos included fixing a road if it is in bad shape. It included
finishing buildings that were under way. I say to my colleagues, ``You
can't stop a construction job in midstream, and those things had to be
taken care of, and we have done so.''
The third group was the nice-to-dos, things that are nice if we had
the money. There are a lot of activities that we could no longer afford
to do. Many of the grant programs had to be terminated, some of
the research programs in energy. We had to downscale land acquisition
78 percent. We put in, of course, some money for emergencies, but
essentially we will not be doing additional land acquisition because I
tell my colleagues, ``When you buy lands, you have to take care of it,
and that gives you enormous downstream costs.'' We did some
construction where it was necessary to finish buildings, but we do
limit new construction. We limit new programs so that we had some tough
cuts that we had to make in the things that are nice to do.
Mr. Chairman, we just had a lot of discussion on the NEA, and of
course the NEH is similar to that. We have had change. We eliminated
the National Biological Survey, and rather than that we have a natural
resource science arm in the U.S. Geological Survey. But we are not
getting into that now because that will come up to the debate.
I think we have addressed energy security. We want to be sure that
the United States will be secure in the future, that we will have
energy independence, that we will not have to depend totally on foreign
sources, and so we have addressed that in our bill to the best of our
ability.
The Bureau of Indian Affairs is our responsibility, and in the bill
we said at the outset we are going to take care of education, the basic
education, for the Bureau of Indian Affairs and the basic health. That
is the responsibility
[[Page H 6930]]
of the Federal Government, and as much as possible we have level funded
that along, as I mentioned earlier, with what we were able to do in
keeping parks and so on open.
There are lot of other things I could say about this legislation. I
simply want to say again I think it represents common sense, I think it
represents a responsible use of the funds available. I endorse the fact
that we are downsizing the budget, that we are going to get on a glide
path to a balanced budget in 7 years. We do not fund programs that have
large outyear costs simply because we would not be able to address
those in the future.
I just want to close, because I think it reflects the overall
philosophy in this budget, with a statement by Chairman of the Federal
Reserve, Mr. Alan Greenspan, to the Committee on the Budget, and he
said, and I quote:
I think the concern, which I find very distressing, that
most Americans believe that their children will live at a
standard of living less than they currently enjoy, that that
probably would be eliminated and that they would look forward
to their children doing better than they.
That is a significant statement because it says very clearly from one
of the economic leaders of this Nation that, if we can balance the
budget, we will leave a legacy for our children of a better standard of
living than we have, and that to me is what this is all about. That is
what we are trying to do here, and not only do we want to try and leave
a legacy of a better standard of living by using our resources more
wisely, but we are also leaving a legacy, in my judgment, in the way we
have handled the responsibilities of public lands that will be even
better for their enjoyment, and that is the challenge we face as we
deal with the amendments here today. We will try to keep that in mind.
Thomas Jefferson said, ``The care of human life and happiness, and
not their destruction, is the first and only legitimate object of good
government.'' In this bill I think we are responsibly exercising that
important role.
Mr. Chairman, at this point I ask that a table detailing the various
accounts in the bill be inserted in the Record.
[[Page H 6931]]
TH13JY95.000
[[Page H 6932]]
TH13JY95.001
[[Page H 6933]]
TH13JY95.002
[[Page H 6934]]
TH13JY95.003
[[Page H 6935]]
Mr. Chairman, I reserve the balance of my time.
Mr. YATES. Mr. Chairman, I yield myself such time as I may consume.
(Mr. YATES asked and was given permission to revise and extend his
remarks.)
Mr. YATES. Mr. Chairman, my good friend, the chairman of the
subcommittee, and he is my good friend, and I have differed on an
Interior appropriations bill I think for the first time in how long
have you been on the committee, Ralph? Twenty years? Twenty years we
have been in agreement on the bills, and the reason for that, I think
more than any other, is the fact that the bill did not suffer from
malnutrition. The heavy hand of the full chairman of the committee was
felt immediately by the Interior Subcommittee. Our 692(b) allocation
was cut by more than a billion dollars on the first go-around. On the
second go-around on the 602(b), we were cutting another $17 million
dollars. So, there is a lot of PR work for the chairman and for me to
do with the chairman of the full committee if we want to be treated as
we should be treated.
This is America's bill. This is the bill that fosters our natural
resources. This is the bill that is working on providing energy
savings. This is the bill that provides for cultural enrichment
throughout the United States.
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Yet, as a result of the 602(b) allocation, we just do not have the
funds with which to carry on the kind of activities that we ought to.
Our natural resources are going to suffer. My good friend, the
chairman, indicated that we are keeping the parks open. That is not
enough, The Grand Canyon, as the gentleman said, will still be there
and people will still be able to see the Grand Canyon, but they ought
to be able to see the Grand Canyon in comfortable facilities. They
ought to be able to see the Grand Canyon driving on roads that do not
have ruts and ditches. They ought to be sure that their safety is
protected as they go through the national parks.
I do not know that the funds we have provided here will allow that.
Construction for the parks, construction for Fish and Wildlife,
construction funds for the Bureau of Land Management and the Forest
Service, have all been cut back.
I do not know that I can use the phrase ``worst of all,'' but the
Indian people are going to take a very big hit in this bill. The
protection of our environment will be severely diminished as a result
of what we do in this bill.
Of course, we have been arguing about the National Endowments for the
Arts and the Humanities and the Institute for Museum Services for 2
days now. The Endowments have been cut by at least 40 percent. That is
a huge cut. Our cultural resources are going to suffer.
The program to help the needy people with their problems of
weatherization, during the cold of winter, and the heat of summer is
being cut. We have a program in our bill that enables the needy to
obtain a small amount of funding to improve their physical properties
so that the rigors of the winters in cities like Chicago or in States
like Minnesota or New England will not be felt as keenly as they are
going to be felt now, because there will not be funds with which they
could help themselves.
I talked about welfare for the needy, and in this bill, welfare for
the needy will be cut. But Western welfare, welfare for the Western
States; for example, the program to provide payments in lieu of taxes,
PILT, is increased. In a total bill that is cut more than 13 percent
below the 1995 appropriation, payments in lieu of taxes, a program
heavily weighted to the West, is up 10 percent. Welfare for the needy
may be on the wane, but welfare for Western miners has taken new life.
In our bill last year, we approved a moratorium on providing the sale
of national lands to miners for $2.95 an acre, lands that have
subsequently been sold on many occasions for huge sums of money to big
mining companies. This giveaway of public lands will now start again.
The patent moratorium is not in this bill. Nothing is done to stop the
mining law of 1872's permissive nature. Western States and localities
will also be able to build roads through existing parks, refuges,
forests, and public lands unabated.
There is much pain in this fiscal year 1996 bill, and it takes
various forms. Agencies are being eliminated, programs are being
terminated, programs are being phased out. Hard working people are
going to lose their jobs, Mr. Chairman. At least 3,000 people in the
Department of the Interior will be laid off.
This bill does have some good features. I congratulate the chairman
for that. I do hope that the other body, when it considers this bill,
will take the steps that are necessary to maintain the vital functions
that are carried out in this bill.
But other programs have not been cut.
Welfare for the needy may be cut but western welfare in the form of
payments in lieu of taxes is up. In a bill that is cut more than 13
percent below the 1995 appropriation, payments in lieu of taxes, a
program heavily weighted to the west is up 10 percent.
Welfare for the needy may be on the wane, but welfare for western
miners has new life. The giveaway of public lands will start again
because this bill, unlike the fiscal year 1995 appropriation law, does
nothing to stop the mining law of 1872's permissive nature.
Under the bill western States and localities can build roads through
existing parks, refuges, forest, and public lands unabated.
There is too much pain in this fiscal year 1996 Interior
appropriations bill. The pain began with the 602b allocation for this
bill. This bill is subject to a larger percentage reduction than any
other appropriation bill. At $11.9 billion in new budget authority,
this bill is $1.6 billion below 1995 and $1.9 billion below the
President's request. What form does the pain take?
Agencies are being eliminated; programs are being terminated
immediately; programs are being phased out; and hard working people are
going to lose their jobs, with at least 3,000 people in the Department
of the Interior subject to a reduction in force.
indian programs
Let me speak first to the programs that serve and honor the Indian
people. I am grateful that the Indian Health Service and Bureau of
Indian Affairs education programs are maintained at the 1995 level. But
I know even at the fiscal year 1995 levels, these programs will not
come close to meeting the needs. The Bureau of Indian Affairs education
programs are $31 million below the President's request at a time when
student enrollment is escalating rapidly; the Indian Health Service is
$96 million below the President's request. With medical inflation and a
growing Indian population, this means that health care will be reduced
in a very real way.
Among the most prominent terminations in this bill is the Indian
Education Program administered by the Department of Education. It would
be easier to accept this $81 million cut if at least some of this money
had been transferred to the Bureau of Indian Affairs education
programs. But that was not done. This is a program that has enhanced
the education of nonreservation Indians across the country.
But this is not the end of the insult to the Indian people.
This mark limits the ability of the Indian people to defend
themselves in water rights cases. Even at the $15 million 1995 level,
the Bureau of Indian Affairs is unable to meet requests from 30 tribes
who need technical and legal assistance in defending their water
rights. With a $5 million reduction, the 1995 level will be reduced by
one-third and even more tribes will remain unsupported. I view this an
abrogation of our trust responsibility to Indian nations.
This marks takes away the ability of the Indian people to help
themselves through loan guarantees.
If this mark is approved, the U.S. Government will be breaking yet
another promise to the American Indian people. This mark will delay, if
not totally stop, the much needed Smithsonian facility at Suitland that
would store and conserve the Heye collection of Indian artifacts which
will be the central feature of the Smithsonian's American Indian
Museum.
Self-governance for Indian tribes, with these budget reductions, will
be delayed and the momentum generated in recent years for self-
governance lost. I believe self-governance is working and should be
encouraged instead of stifled through budget cuts.
Heaped upon all of this is the complete elimination of community
economic development grants, community development technical
assistance, and the Indian arts and crafts board. And this bill sets in
motion termination of Federal support for the Institute of American
Indian and Alaska Native Culture and Arts Development.
In total, what is before us today for Indian people is $450 million
below what the President requested, an 11-percent reduction for one of
the neediest groups in America.
[[Page H 6936]]
Energy programs
Moving on to the Department of Energy, I think we all can take great
pride in the successes resulting from our investments in energy
efficiency technologies. New lighting technology, new windows and
efforts to produce more efficient automobiles are all paying off. Now,
many of these efforts will be reduced, and eventually eliminated.
One of the most disappointing things in this bill is that it slashes
the low income weatherization program in half, a $107 million
reduction. This is done at the same time the committee ignores the
President's request to delay $155 million in clean coal technology
subsidies for industry. Do we really want to continue corporate welfare
at the expense of elderly poor people? If this cut is not reversed,
efforts to reduce overall energy usage and reduce energy costs for
elderly people will be extremely limited.
cultural programs
Of course, the proposed decreases in the appropriations for cultural
programs is an urgent concern. The cuts in the National Endowment for
the Arts and the National Endowment for the Humanities which exceed 40
percent and the cut for the Institute of Museum Services, which exceeds
25 percent, are out of proportion to the total reduction in this bill
and for the National Endowment for the Humanities and the Institute of
Museum Services the reduction is out of proportion to the
recommendations of the Economic and Educational Opportunities
Committee.
I wonder if people understand fully the impact these cuts will have
on our culture. Performances will be canceled, museums will close their
doors earlier, and art education opportunities in our schools will be
cut back sharply. Every segment of American society will suffer from
these draconian cuts.
science programs
Not only is this bill unfriendly to cultural programs, it buries
biological science. It buries it in the U.S. Geological Survey after
cutting biological research by almost one-third and shackles
researchers to Federal land. But the creatures of this great land of
ours are not restricted to Federal lands. Lets think about what we are
doing. The Secretary of the Interior has a trust responsibility for
migratory birds as well as international treaties protecting these
birds. These migratory birds do not know the boundaries of Federal
land. Provisions in this bill though keep the Secretary from doing any
science, any research on anything but Federal lands. If there are
threats to our waterfowl on non-Federal lands, the Secretary could not
study it even if private landowners ask to have their properties
studied. Why at a time when duck numbers are finally increasing as a
result of combined Federal, State, and private efforts, would we want
to place obstacles to the progress now underway? Is that what we want?
I think not. But this bill would do that.
Volunteers are even banned by this bill, if they offer their talents
to help resource science and research. Let me give one example of what
this will mean to one program, the breeding bird survey. The North
American Breeding Bird Survey, started in 1966, is the only continental
survey program specifically designed to obtain population trend data on
all species of birds. At least 4,000 volunteers contribute to this
survey. Without their data, it would be extremely difficult to detect
declines or increases in our country's bird populations. No one has
ever questioned the authenticity of this information and it come to us
at no cost. I do not know what public policy purpose is served by
banning the use of volunteers.
short on dollars, long on legislation
This is bill, as I have documented, short on dollars; yet, it is long
on legislative provisions.
The bill requires committee approval for new wildlife refuges.
The bill amends fee language for refuges.
The bill mandates peer review for resources research in the
Geological Survey.
The bill permits giving away Bureau of Mines facilities.
The bill amends the American Trust Fund Management Reform Act of
1994.
The bill repeals the Outer Banks Protection Act of 1990.
The bill authorizes and executes the sell of strategic petroleum
reserve oil.
The bill terminates the Pennsylvania Avenue Development Corporation
and transfers its responsibilities to other agencies.
The bill establishes a new fee program for the Bureau of Land
Management, Fish and Wildlife Service, National Park Service and Forest
Service; and
The bill includes Columbia River basin ecoregion assessment
restrictions and directions.
Beyond that, the Endangered Species Act is circumvented by not
providing money for listing species so they can receive the full
protection of the Act.
Section 404 of the Clean Water Act is being circumvented by taking
away the Fish and Wildlife Service's ability to respond to a permit
application for a golf course which would disturb valuable wetlands in
Lake Jackson, TX.
The California Desert Protection Act is circumvented by taking away
all but $1 for the National Park Service to operate the Mojave National
Preserve and returning the management to the Bureau of Land Management.
With this bill, the first of the national parks will be closed. How
many more will follow?
moratoria
And we find that moratoria are OK in some instances but not okay in
others. Moratoria are not OK to stop the give away of patents under the
1872 mining law. But a moratoria is acceptable to stop promulgation of
an RS 2477 rulemaking, a rulemaking that would prevent the potential
despoliation of national parks, wildlife refuges, and wilderness areas.
This bill does include a continuation of the moratoria on Outer
Continental Shelf leasing including Bristol Bay in Alaska, California,
Oregon, and Washington on the west coast as well as certain Florida
areas and east coast areas.
land and water conservation fund
While I am relieved there is some money for land acquisition, unlike
the scorched earth policy of the House budget resolution, the lack of
money can only lead to future problems. For many willing sellers, the
Government is the only possible buyer. Ongoing acquisitions which have
been phased over several years can not be completed. We will have
broken commitments with those individuals and concerns that entered
into agreements. Of the $51.5 million in the bill related to the land
and water conservation fund, only $23 million is for actual acquisition
of land. The balance is to administer the program.
The Secretary of the Interior asked for money to help local areas
with habitat conservation plans by giving land acquisition grants to
State and local governments, a request that was denied. Turning a blind
eye to this problem serves only to undermine efforts to improve the
Endangered Species Act.
The North American wetlands conservation fund is cut in half with the
understanding that it will be terminated next year, another blow to
successful efforts to strengthen the number of migratory waterfowl.
conclusion
Given the disproportionately large reduction this subcommittee
received from the full Appropriations Committee, large cuts are
inevitable and regrettable.
One of the great strengths and appeals of this bill is the wide
variety of programs it covers. The all-America bill as I used to call
it. The remarkable natural resources of this country, our magnificent
cultural resources, the programs that help people, the energy research
programs--unfortunately, all will be diminished by the provisions in
this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentleman from
North Carolina [Mr. Taylor], a very good member of our committee and a
Member who has done great service on handling the Forest Service issues
and who brings to it a lot of knowledge.
(Mr. TAYLOR asked and was given permission to revise and extend his
remarks.)
Mr. TAYLOR of North Carolina. Mr. Chairman, I rise in strong support
of this bill.
Mr. Chairman, before I came to Congress, I was chairman of the State
Parks and Recreation Council in overseeing our State parks and
facilities, and we never had enough money to do the things we wanted to
do or do all the maintenance we wanted to do. And I found it the same
on a national basis, but I think the gentleman from Ohio, Chairman
Regula, and the committee, working with Members and the authorizers,
have done as much as they possibly can to see that the needs of our
Parks and Forest Services are met.
The actual maintenance, park maintenance, even though the total
committee was ordered to reduce the cost in order to meet budget
reductions, and we reduced this $1.5 billion below the fiscal year 1995
bill, maintenance for the critical areas were held even. I think that
is amazing, given the cuts that had to be made.
It also addresses the concerns and the desires of many of the
Members' specific things that they had to do, and I again want to thank
both Chairman Regula and ranking member Yates for the work that has
been done in this bill.
We have increased, and I feel very strongly about this, our timber
sale program some $7.5 million above current levels. This will increase
our timber sale program by 418 million board feet of green sales and
300 million feet of salvage timber. This is a modest increase, but it
is moving in the right direction.
[[Page H 6937]]
We are now in this country in a dangerous situation regarding forest
health. We have not been removing salvage as we should have been. We
have not been addressing the concerns of management, silviculture
concerns of management by professional foresters and science that has
been lost in much of our forest management, and it has cost us tens of
thousands of jobs. It has cost us millions of dollars in taxes, and it
means that we, today, are importing over one-third of our timber.
Mr. Chairman, I certainly urge support of this bill, and will be
voting for it.
Mr. Chairman, I rise in strong support of this bill. Not only does
H.R. 1977 reflect the serious will of this body to reduce spending--it
is $1.5 billion below the fiscal year 1995 bill--it also addresses the
concerns, desires, and suggestions of many members and the authorizing
committees. Chairman Regula and the staff have done a terrific job in
putting this bill together, and I encourage all my colleagues to
support the bill. One aspect that is particularly pleasing to me is the
commitment by this committee to turn the management or our national
forests around.
This bill moves the timber sale program forward, in a new direction
from the past. The increase in the timber management and sales program
and road construction funds will allow the Forest Service to increase
the timber sale volume to its maximum capacity in fiscal year 1996 of
4.3 billion board feet.
We have increased the timber sale program only $7.5 million above
current levels, but this will increase the sale program by at least 418
million board feet of green sales and 300 million board feet of salvage
volume. This modest increase will not only maintain jobs, it will
create job growth and return many times the amount in timber sale
revenues and income taxes.
Although the road construction account has been cut, we have
increased the timber road construction account to correspond with the
increase in the timber sale program. This account has been maligned for
a long time, and I would like to set the record straight.
First, roads in the national forests serve many purposes. They
provide the primary access to the 191 million acres that make up the
National Forest System. These roads provide access for recreation, for
wildlife and fisheries projects, for fire protection, for monitoring
water quality, and for many other aspects of ecosystem management and
timber harvesting. Funding for road construction ensures watershed
protection through better road design, improves safety for road system
users, and provide access for fighting wildfires and responding to
other emergencies.
The bulk of road construction funds are for reconstruction, that is,
restoration and maintenance of existing roads. In fact, the number of
miles of new roads has dramatically declined over the past several
years. Also, the Forest Service has obliterated more roads than were
constructed and the same pattern is being proposed for the next fiscal
year. In fiscal 1994, the total road system actually decreased by 1,780
miles and only 519 miles of new roads were constructed.
Today, millions of acres of our forest lands are in need of
attention. We are well aware of the forest health problems that pervade
our Federal forests--approximately 6 billion board feet of timber dies
each year. The road budget is one step toward assuring access for
salvage sales and forest restoration projects.
This bill is only a first step. The Forest Service is so depleted of
adequately trained personnel that it is still incapable of establishing
a timber pipeline, which is desperately needed in many parts of the
country. However, by providing funds for timber sale preparation above
the level requested by the administration, we expect the Forest Service
to make a significant contribution toward the national need for lumber
and wood products. I don't know if this body is aware that we are
currently importing a third of our wood needs--much of it from
environmentally sensitive areas of the world with less sensitive
harvest methods than those used here.
For too long, we have ignored professional foresters and silviculture
science when managing our national timber assets. Instead, we have
relied on the pseudo-science of the environmental community to dominate
the discussion. The pendulum swung too far--encouraging the locking up
of these valuable assets instead of their wise use. We have a
responsibility to
protect, conserve and maintain the ecosystems of our Federal forests.
To do that we must provide our land management agencies with the
resources and tools necessary to get the job done. H.R. 1977 does that.
We are all aware of the widespread forest health problems in our
national forests across the country. Chairman Regula and Chairman
Livingston have been real troopers for including the salvage timber
provision in the fiscal year 1995 supplemental-rescissions bill and
continuing to fight for its passage. I know we are all looking forward
to getting a final resolution on the rescission bill.
The committee understands that the Forest Service can use the timber
sale program as a cost-efficient tool to thin and restructure forest
stands. Timber harvests improve the forest health by clearing out the
dead and dying trees and solving the overcrowded conditions found on
many of our national forests. Harvests will also improve the habitat
for many creatures that live In the forests and lead to less
destructive forest fires.
Although we continue to receive criticisms regarding below-cost
timber sales, these determinations have not been based on an evaluation
of all the factors that contribute to the profitability or cost of the
timber program. Those opposed to timber sales encourage greater costs
by supporting more costly harvest methods but have not come forward
with proposals to minimize costs incurred by the Forest Service. This,
combined with specific direction to manage the timber program for a
broader variety of program objectives, continues to drive costs upward.
I remain concerned that staff reductions within the agency to meet
the administration's governmentwide FTE reduction targets have been to
date disproportionately directed toward staff professionals with
expertise in timber management and timber sales planning and
preparation. In attempting to meet any future goals relative to
agencywide staff reductions, I expect the agency will seek
opportunities in other areas to reduce personnel, before considering
reducing staff in timber management programs, particularly with regard
to personnel stationed in the field.
It is my hope that the Forest Service will not only take the
necessary steps at all management levels to provide the maximum amount
of timber sales possible in the next year, but also continue to seek
ways to more efficiently provide for a timber sales program in a manner
that reduces bureaucratic requirements.
Again, I want to thank Chairman Regula and his staff for working to
accommodate the concerns and wishes of many Members, myself included,
and I encourage my colleagues to support the bill.
Mr. SKAGGS. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I would like to state at the outset that I think all of
us serving on this committee have a deep and abiding love for the
responsibilities that come with the jurisdiction of this subcommittee.
I also want to pay tribute to the gentleman from Ohio [Mr. Regula],
our subcommittee chairman. There is no more decent or thoughtful Member
of this body. He has been given an incredibly difficult task to manage
the responsibilities that we have within the budget constraints. And
while I know he would have liked to have done more and better, he has
done well with what was made available to us.
It is also an extraordinary privilege to serve under the leadership
of the gentleman from Illinois [Mr. Yates], our ranking member on this
subcommittee.
There are a number of good things in this bill. But there are also
too many instances where I think it falls very seriously short of what
should be done for the proper protection and proper management of our
public lands and resources, for the education of native Americans
children, and for continuing sound policies about the development and
use of energy.
It provides no money for endangered species prelisting work, for
instance; that is, for efforts to avoid the necessity of adding species
to the list protected under the Endangered Species Act. This is a
prescription for increasing, not diminishing, the conflicts about
implementing that law, and is extremely unwise and shortsighted. So are
funding restrictions for basic biological research, restrictions on the
use of volunteers and access voluntarily to private property.
The bill does not include the moratorium that should be there for
patenting mining claims until we have a revision of the mining law of
1872. In area after area, this bill puts commercial interests ahead of
science, education, proper management and protection of our natural
resources, our historical and cultural resources, our human resources.
There will be amendments offered to correct some of these defects. I
will support those. But I am afraid that unless the bill is radically
revised, and the chances of that are not great, it will be difficult to
say that it deserves to be enacted.
This bill, more than any other that comes before this body, is about
the profound trust and stewardship responsibilities that this Congress
has for our
[[Page H 6938]]
national treasures, for our natural treasures. I am afraid our
descendants will look back on these actions and ask how in the world we
could so shortchange our trust and our stewardship responsibilities.
Tragedy occurs, Mr. Chairman, when we know better but we do not do
better, and I fear today we are writing a tragedy.
Mr. Chairman, I reserve the balance of my time.
Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentleman from New
Mexico [Mr. Skeen] who is a very valuable member of our subcommittee,
who brings a wealth of knowledge as a rancher to some of the tough
problems that confront us, as well as a leader in the Western matters
and with the cattle association, and other things.
Mr. SKEEN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I would like to take a little time to give my sense of
appreciation for the kind of work that goes on in a committee with as
diverse a responsibility as is inculcated into the authorization in the
realm of what is known as the Committee on Resources.
I want to say that Chairman Regula and Ranking Member Yates are some
of the finest people I ever worked with and had the opportunity to work
with and to deal with in this Congress of the United States, along with
the other members of the committee itself. This is my second go-around
on that committee, an enormous responsibility.
I want to say, too, to the staffs that back us up, that there are no
better people on this Earth who are more learned or a more professional
group in the world than the staffs that support the committee work that
we do day in and day out. Without them, it would not be possible to put
this together, particularly at a time like this when we are cutting
back, reducing the size of Government, but yet maintaining that sense
of responsibility that is paramount to this entire function.
That word ``function'' means an awful lot. Because if you do not
understand what the function of some of these programs are, then you
are hard put to come up with some solutions to some of the things we
are trying to do. These folks have done an outstanding job. I wanted to
compliment them all and say it is great serving with you.
I hope that those of you who are out there furiously writing new
amendments to this bill would stop and listen just once and say do I
really understand what the function of this particular element of this
bill is, how does it work. If you do not, then skinny yourself over
here and talk to some of these people that I just referred to on the
staffs, and it will save us an awful lot of talking time, because right
now we need to reduce the time and expenditure on some of these bills.
Mr. SKAGGS. Mr. Chairman, I yield 2 minutes to the gentleman from New
Jersey [Mr. Pallone].
Mr. PALLONE. Mr. Chairman, I want to take this opportunity to commend
the full Committee on Appropriations and, of course, the gentleman from
Illinois [Mr.Yates], for their action to restore a moratorium on
offshore drilling along the U.S. coastline in this bill. The committee
action puts Congress back on the right track in the protection of our
coastal resources.
For more than a decade, Congress has recognized the need to impose
sensible safeguards against the exploitation of our offshore areas.
{time} 1230
While some in Congress and, of course, the oil companies want to
reopen these areas to drilling, the overwhelming consensus among those
of us who live and work in the coastal areas is that it is simply not
worth the risk to open these areas up to drilling. Offshore drilling
off New Jersey in my State and other mid-Atlantic States is not
environmentally sound and also threatens the economies of coastal areas
that depend on a healthy coastal environment.
In the areas off the Jersey shore and other Mid-Atlantic States,
studies have indicated that the expected yield of oil and gas is rather
low. Still there are strong expressions of interest in exploratory
drilling which would have disastrous effects on our environment and
coastal economy. We must keep the door firmly shut to any drilling or
preleasing activities.
Having said that, Mr. Chairman, I want to mention that there are
other parts of the bill that I do find objectionable, particularly the
committee's decision to derail the Endangered Species Act by defunding
the program. This is the wrong way to address individual problems with
the Endangered Species Act.
I also object to the bill's drastic reductions in funding for land
acquisition under the U.S. Fish and Wildlife Service. In New Jersey,
the most urbanized State in the Nation, we have refuges that are under
severe threat of development and the $14 million that is provided is
not enough to cover even New Jersey's preservation needs, let alone the
needs of the Nation as a whole.
Finally, Mr. Chairman, I would like to take this opportunity to speak
out against any further cuts in funding for the National Endowment for
the Arts and the National Endowment for the Humanities. These
influential agencies encourage lifelong learning, promote participation
within civic organizations and preserve our country's cultural and
intellectual heritage. New Jersey takes advantage of these funds very
effectively and I think it would be a mistake for us to make any
further cuts in those programs.
Mr. REGULA. Mr. Chairman, I yield 3 minutes to the gentleman from
Arizona [Mr. Kolbe].
Mr. KOLBE. Mr. Chairman, I'd like to commend the chairman of the
Interior Appropriations Subcommittee and my friend, Mr. Regula, for his
hard work and courageous action in putting this bill together. It has
not been an easy task. But throughout the hearing process, as well as
the subcommittee and full committee markup, Chairman Regula and his
staff have performed tirelessly, professionally, and with the utmost
sensitivity.
Trying to put together a workable budget for the Departments of
Interior and Energy, the Forest Service, and the numerous independent
agencies under the Interior Subcommittee's jurisdiction is difficult.
Add to this an effort to address the personal concerns of the members
of this body and you have a very arduous, nearly impossible mission.
But, Chairman Regula and his staff have crafted a good bill that I
think is fair, fiscally conservative, and represents an excellent
starting point for our 7-year journey to a balanced budget.
Is this bill everything everyone wanted? Of course not. But then we
can't--nor should we--ever go back to the fiscally irresponsible
practices of the past. We must keep in mind that the fiscal integrity
of this nation is our responsibility, and we must act accordingly.
As the chairman has stated, the bill appropriates $11.96 billion in
new budget authority for fiscal year 1996, $1.56 billion less than
fiscal year 1995, and almost $2 billion less than the President
requested. We have attempted to place an emphasis on preserving natural
and cultural resources, the maintenance of scientific and research
functions, and on our commitment to the health and educational needs of
native Americans. H.R. 1977 also ensures that adequate resources are
allocated for our Nation's public lands and our crown jewels--our
National Park System. In fact, in an era of decreasing budgets, the
bill actually contains an increase in the operational account of the
National Park Service. This will prove invaluable to those who manage
America's parks. And contrary to some published reports, the
subcommittee never considered or even contemplated closing any of our
Nation's parks.
Overall, the National Park Service fared fairly well. The bill
appropriates $1.26 billion in overall funding. The bulk of these funds,
$1.08 billion, will go to the management of park areas, visitor
services, park police, resources and facility maintenance. This figure
represents a $10 million increase over fiscal year 1995.
An important and much needed initiative that is included in the bill
is the Recreational Fee Demonstration Program. This innovative program
will give the National Park Service, the Bureau of Land Management, the
U.S. Fish and Wildlife Service, and the Forest Service the opportunity
to establish a 1-year pilot program that allows these land managing
agencies to charge, and utilize on-site, recreational use and access
fees. The language in the bill directs each agency to establish 10 to
30 demonstration sites where broad fee authorities are established.
[[Page H 6939]]
The best aspect of the program is that the bulk of fees that are
collected--stay at the site which collects them. Of the fees, 80
percent that are collected are to be used in that area. The remaining
20 percent of the fees go into an agency account to be used agency-wide
for priority backlogged recreational safety and health projects.
On the budgetary side, the bill is quite lean. Most agencies are at
or below their 1995 funding level. Land acquisition accounts are
reduced 87 percent below the 1995 level. Funds are to be used only for
emergencies, hardship situations and high priority acquisitions subject
to committee reprogramming guidelines. Major construction accounts are
reduced 41 percent below their 1995 level with emphasis on high
priority health and safety construction. Funding for the controversial
National Endowment of the Arts is reduced 39 percent, and the National
Endowment for the Humanities is reduced 42 percent. The bill calls for
a 3-year phase-out of Federal funding for these agencies, but new
agreements made last night may reduce that to 2 years.
H.R. 1977 also proposes the elimination of a number of agencies and
programs. Agencies targeted for termination include the National
Biological Service, the Bureau of Mines, the Pennsylvania Avenue
Development Corporation, the Department of Energy's Office of Emergency
Preparedness, and the Department of Education's Office of Indian
Education. The Advisory Council on Historic Preservation is also slated
to be terminated.
On the positive side, H.R. 1977 provides $111.4 million for the
Bureau of Land Management's Payments in Lieu of Taxes [PILT] Program.
As you know, the PILT Program compensates units of government for
losses to their real property tax base due to Federal lands within
their boundaries. In my State of Arizona, this level of funding is
welcomed by several county administrators.
In general, this bill provides a sound and fiscally conservative
blueprint for the continued management of our public lands. As stewards
of these lands it is incumbent upon us to ensure that they are
preserved for future generations to enjoy. I commend Chairman Regula
and his staff, and I hope that through the amendment process we can
produce a bill that we will all be proud of.
Mr. SKAGGS. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Minnesota [Mr. Vento].
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Mr. Chairman, I rise in opposition to the measure that is
before us. Frankly, it warrants opposition because of the priorities,
because the hand that was dealt to the appropriators under the
allocation system is inadequate to meet the responsibilities that we
are sworn to discharge. The money is not there. Obviously, you can
shift money around and do a little for operation and maintenance in the
parks, but then you are denied to buy the in-holdings of lands and the
land/water conservation or in other areas. The money is not there, and
this bill ought to be rejected because it does not permit us to
exercise our responsibilities in a way that is effective.
We are going to see we have a $7 billion backlog in parks or a $9
billion backlog in terms of responsibilities. That is going to grow
under this measure. Under anyone's evaluation, we do not put a dent in
the backlog. In fact, we add to it.
The other reason that this bill has to be rejected, and there are
many such examples in the bill, where it is inadequate, the elimination
of essential programs like the weatherization program, the energy
programs, these are working programs. They work. They are not just for
a time of crisis. They are the way we avoid crisis.
The other reason is that this measure is not just an appropriations
bill, this is a whole policy bill. In Congress, we separate policy and
authorization from the actual appropriation. The allocation of dollars
actually funding programs is essential. That is an essential decision
which is supposed to be kept separate. We have always had a little
overlap. But in this bill we simply circumvent the policy process
completely in many significant areas. We are rewriting the Endangered
Species Act. We are rewriting law after law in this legislation,
rewriting those laws, in fact, in a way in which we are not able to
have essential debate.
My colleagues wonder why we are spending more time on the
appropriations bill on the floor. I can tell you, because when you
consolidate the appropriation process, one that is highly controversial
because of the nature of the cuts that are coming down this year and
the strong disagreement in terms of those priorities, and with an
entire wholesale rewrite of many laws that affect the management of our
forests, management of our park system, fee issues, issue after issue,
the Endangered Species Act, the issue with regard to mining law and
whether or not we are going to have a moratorium, when you combine all
of this into a single legislative bill, you have bought into a
significant responsibility.
I have spent some 19 years in this body working on parks and public
lands issues, as an example. I think I know a little bit about it. I do
not know everything. As my colleague, Congressman Udall, used to say,
there are two types of Members of Congress: ``those that don't know and
those that don't know they don't know.''
Obviously, we are always guided by the fact that we are trying to
learn in this process, as I am sure my colleagues would agree. But the
fact that you consolidate into this measure dozens of policy changes
that you do and the other aspects are obviously going to result in a
significant policy path changes.
This should not be done. Maybe the chairmen of the various
authorizing committees approved of this, but that does not make a
majority. That does not provide us with the in-depth debate and
hearings and other aspects that are supposed to take place in terms of
public participation to at least a limited degree.
So this bill fails in terms of process. It fails in terms of
priorities, and it should be defeated.
Mr. Chairman, as we consider H.R. 1977, the fiscal year 1996
appropriations bill, I think it is appropriate to review the mission
and purpose of the Department of Interior as outlined in the U.S.
Government Manual (1993/94):
As the Nation's principal conservation agency, the
Department of the Interior has responsibility for most of our
nationally owned public lands and resources. This includes
fostering sound use of our land and water resources;
protecting our fish, wildlife and biological diversity;
preserving the environmental and cultural values of our
national parks and historical places; and providing for the
enjoyment of life through outdoor recreation.
Similar analysis and reflection would apply to the Department of
Agriculture Forest Service, the sister agency which shares substantial
responsibilities for conservation and preservation of our natural and
cultural legacy also is addressed in this measure.
I cannot support H.R. 1977 because it doesn't provide the Interior
Department or the Forest Service with the resources they need to carry
out their stated mission. This is an unfortunate move away from a core
conservation and preservation ethic that is basic to the definition and
culture of the American people.
The policies and programs in place to carry out the mission of the
Interior Department are not the work of Democrats or Republicans alone,
rather they were uniquely derived from years of deliberation, of
listening and responding to the core conservation and preservation
values and ethics of the American people.
Significant programs--the Land Water Conservation Fund [LWCF] and
Historic Preservation Fund [HPF] are cut to the point of not being able
to fill the backlog or immediate need. Of the one billion of funds
generated, only 6-7 percent allocated for its intended purposes.
In their zeal to shun Federal conservation efforts the majority isn't
even making sensible choices in funding priorities. For example, zero
funding listing and prelisting programs for endangered species and
eliminating the National Biological Service demonstrate the height of
hypocrisy on the part of the majority. Problems in managing our Federal
resources will not go away just because we decide to quit addressing
them, and not addressing them is certain to cost the American people
more in the long run.
I too want to decrease the Federal deficit. But the most sensible way
to do that is through improving the effectiveness and efficiency of
Interior Department programs or other funding of agencies with this
measure. Many of the programs seriously underfunded or targeted for
elimination in this bill are working. Improving programs that work goes
a lot
[[Page H 6940]]
farther in reducing the Federal deficit than cutting funding and hoping
the problem goes away.
H.R. 1977 zero-funds all prelisting activities until the ESA is
reauthorized. The $4.5 million cut from the FWS budget for prelisting
activities is vital to the continuation of a highly successful program
designed to prevent the need to list under the Endangered Species Act.
There are over 4,000 species now under consideration for possible
listing. Many of these species could be conserved through simple and
inexpensive programs at the Federal, State, and local land management
levels.
The Fish and Wildlife Service candidate conservation program serves
as an impetus to establishing conservation and stabilization activities
before the species reaches critical levels. It is hypocritical for this
Congress to criticize the FWS for listing species without giving that
agency the opportunity to conserve species before they reach critical
levels. It is hypocritical for this Congress to cry for reduced
spending and greater economic efficiency while gutting a program that
decreases the need for future costly emergency recovery actions.
H.R. 1977 zero-funds all listing activities for endangered and
threatened species, thereby extending the current moratorium. The
majority is evading the legislative process by using agency
appropriations to legislate national policy. By denying FWS any ability
to conserve species proactively, Congress is ensuring further decline
and the need for drastic and expensive actions to save species. In
addition, there are no exceptions in this budget cut for emergency
listings or for listing plant species which are potential sources of
medicine. Plants, animals and people cannot cling to life waiting for
the legislative process to run its course.
The submersion of the National Biological Service into the National
Geological Survey is another glaring illustration of fear run amok.
There is legitimate room for debate over the merits of what the NBS or
any other government agency does or how much funding should be provided
for that work. However, the allegations leveled at the NBS, largely
unfounded, are being used to justify elimination of the NBS. It is
hypocritical for this Congress to call for better science and then deny
funding for efforts specifically set up to conduct unbiased science.
H.R. 1977 also eliminates the Advisory Council on Historic
Preservation, severely crippling the efforts of the Federal Government
to achieve consensus on policy actions and short changing the key
efforts which backstop local nonprofit and private preservation
efforts.
Historic preservation provides a twofold benefit--preserving historic
properties while helping communities achieve the economic advantages
that occur as a result of historic preservation. It seems Members who
take deficit reduction seriously would see the significant benefit that
flow from a program that efficiently achieves a national goal while
generating revenue to participating communities.
Beyond these specifics the moratoria to prevent the public land
giveaways under the 1872 mining laws are not included. Elimination of
the essential weatherization program, appliance development
commercialization program and other energy efficiency programs. Most
energy conservation programs have been severely cut. Unfortunately this
measure bans AmeriCorps funding initiated under the National Service
law in spite of the fact that it was self funded by the 1993 law.
The majority claims that their bill strikes a balance between the
dual goals of reducing the deficit and protecting and enhancing the
Nation's rich natural and cultural resources. This bill does no such
thing and in the process, poorly serves the needs of the American
people. It's certainly not a good measure we can and should do better.
Mr. REGULA. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Washington [Mr. Nethercutt], a newcomer in terms of service but an
oldcomer in terms of knowledge to the subcommittee. The gentleman
brings a great perspective on Western issues, particularly as they
affect the State of Washington, and the areas surrounding, on forests
and some of the river problems.
Mr. NETHERCUTT. Mr. Chairman, I thank the gentleman for the kind
remarks.
I am happy to stand before this House today in support of H.R. 1977,
the fiscal year 1996 Interior Appropriations Act. I am a new member of
the Subcommittee on Interior. I am a new Member of Congress. I was very
pleased to work closely with the chairman, the gentleman from Ohio [Mr.
Regula], and certainly the Members of the minority party to craft this
legislation in the fairest way possible.
I believe we still have further to go in reducing the size and scope
of this Federal Government, but this bill represents a significant
first step, I believe, in the right direction in cutting back on
unnecessary waste and duplication within the Federal Government.
This bill is about a billion and a half dollars below last year's
level of funding. I recognize the difficulty that the chairman had and
our subcommittee and committee had in meeting the needs of the Nation
with this reduction. But I certainly want to compliment him and the
rest of the leadership for allowing such an open process as we go
through this very important bill.
I personally had some problems supporting one aspect of the bill
regarding the Bureau of Mines. I wanted to keep it open, and we decided
not to in the committee. But I was encouraged to offer an amendment in
both the subcommittee and the full committee by the chairman and
others, and we had a full hearing. I thank the chairman for his
forbearance in working with us on that amendment.
I also want to thank the committee for working with me and other
Members from the West on programs that are of particular importance to
our region. This bill continues funding for the operation of our
national parks, our forests, our pubic lands and refuges, and it
maintains our forest health programs and provides a modest increase for
the timber sales program. This increase comes after a drop in sales
targets by about 60 percent over the last 5 fiscal years.
This slight increase will begin to put our timber communities back to
work without damaging the environment. The bill eliminates the National
Biological Service, an agency that is unauthorized and is really
unnecessary at this time. Critical NBS functions will be continued at
the Geological Survey while private property rights will be fully
preserved. This bill funds the arts and culture at a more fiscally
responsible level, a level that all of us should support at this time
of the fiscal responsibility that we must exercise.
I urge all Members to support this bill. It is a good bill. It is a
fair bill. Let us work hard to pass it.
Mr. SKAGGS. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from New York [Mr. Hinchey].
(Mr. HINCHEY asked and was given permission to revise and extend his
remarks.)
Mr. HINCHEY. Mr. Chairman, first of all let me express my profound
respect and appreciation for the work of the chairman of the
subcommittee. He and I share many of the same values and interests with
regard to the Nation's natural and historical resources. But
unfortunately, this bill does not reflect those values in the way that
I think both the gentleman and I would like it to.
The gentleman has been given a very ugly package to carry here. What
does this bill do? First of all, it cuts the Department of the Interior
to $500 million below this current year's level, making it more
difficult for the Department to protect the Nation's natural and
historical resources. It eliminates the National Biological Service as
a separate agency and slashes funding for that purpose by about 30
percent. It pretends that we ought not to know more about the Nation's
biological resources, pretends that ignorance about these resources is
a virtue.
The bill prohibits the research activities of the Department, the
former National Biological Service, from using even volunteers to go
out and accumulate information. It revels in this kind of ignorance and
prevents people from exercising their civic duty in a voluntary sense.
It cuts the National Park Service by $230 million below the
administration's request, including $70 million from park operations,
making it more difficult for the people of this country to enjoy these
natural resources, particularly our national parks.
But it expends money in other areas. It exceeds the House Committee
on Science's authorized amounts for the Department of Energy's fossil
energy research and development activities by more than $150 million.
This is a giveaway to major energy corporations in the country. It
provides more than $65 million for six pork barrel projects for which
the Committee on Science recommended no funding. At the same time it
increases funding in these areas, it slashes funding for the Department
of Energy's weatherization
[[Page H 6941]]
program by $100 million, which means there are more people who are
going to be colder in the winters and we are going to be wasting more
energy.
{time} 1245
Mr. Chairman, Let me focus on one particular provision. The Strategic
Petroleum Reserve was set aside in the advent of an incident, another
incident which occurred back in the 1970's. This bill reduces the
Strategic Petroleum Reserve by 7 million barrels, and it sells those 7
million barrels for now about $15 a barrel. This oil was purchased for
$30 a barrel, so we are selling for $15 what we bought a few years ago
for $30 a barrel. If this is any indication of the way the majority
party in this House is a steward of the Nation's resources and the
taxpayers' dollars, then I think it is a poor example of where we are
and where we are heading. This is foolhardy to cut back on this
reserve, and it is certainly wasteful of the taxpayers' money.
Mr. REGULA. Mr. Chairman, I yield 1 minute to the gentleman from
California [Mr. Gallegly], a member of the Committee on Resources.
Mr. GALLEGLY. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, I rise today as chairman of the Subcommittee on Native
American and Insular Affairs to express my support for the pending
efforts to amend H.R. 1977 to restore funding for either the Office of
Indian Education or the education programs supported by that office.
The Office of Indian Education provides financial assistance to
elementary and secondary schools, tribal schools, and related Indian
education programs.
These programs are important elements in the overall effort to
provide quality education for our native American children.
While I support efforts to balance the budget, cut bureaucrats and
shrink the Government, H.R. 1977 goes well beyond reason. This bill not
only cuts funding, it totally eliminates the office which administers
the funds.
To completely abolish these programs is not prudent and asks too much
of our Indian children in too short a period of time.
I know several amendments will be offered to reverse the committee's
recommendations and I hope the Members of the House will give those
amendments every consideration.
Mr. SKAGGS. Mr. Chairman, I am pleased to yield 3 minutes to the
gentlewoman from North Carolina [Mrs. Clayton].
Mrs. CLAYTON. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, this is the season of sacrifice. We know that. But, why
is it that we continue to pick on those least able to defend
themselves--the children?
I refer, of course, to that section of this bill that would eliminate
the Office of Indian Education.
First established in 1972, through the Indian Education Act, for
nearly a quarter of a century the Office of Indian Education has sought
to serve the unique cultural and academic needs of the original
inhabitants of our land.
Without the Office of Indian Education, American Indian children and
Alaska Native children would not be able to achieve the same academic
standards as other children.
Most American Indian and Alaska Native children are State recognized,
but are not federally recognized.
Elimination of the Office of Indian Education and the loss of funding
for that purpose would mean the loss of this special Federal funding
for public school districts that provide educational opportunities to
the vast majority of these children.
Federal financial assistance to tribal schools, for elementary and
secondary schools, and for related Indian education programs will be
gone if this bill stands. Our amendment freezes funding at this fiscal
year's level.
The administration had sought an increase in funding for the Office
of Indian Education, however, in the spirit of deficit reduction, we
believe a freeze in funding is appropriate.
But, we do not accept a freeze in progress. The primary focus of the
Office of Indian Education is to encourage Indian children to achieve
self-sufficiency. That is an important goal--a goal that is consistent
with many of the themes embodied in the Contract With America.
As we sacrifice, let us not sacrifice the gains we have made. In
addition to assistance to tribal schools and to elementary and
secondary schools with significant Indian populations, the Office of
Indian Education provides assistance for adult Indian education, for
fellowships for those Indian students who have distinguished
themselves, for special Indian education programs and for planning,
pilot and demonstration projects.
For a small investment, this Office manages to do a lot for a
population that deserves the help of this Nation. I urge my colleagues
to raise their voices for Indian children and give your vote for the
future of America. Vote for the Obey-Richardson-Clayton amendment.
Mr. REGULA. Mr. Chairman, I yield 1 minute to the gentleman from
Colorado [Mr. Allard], a member of the Committee on Resources, who was
a key Member in working with the authorizers and the appropriators in a
team effort to address a number of challenging issues in this bill.
Mr. ALLARD. Mr. Chairman, I rise in support of the Interior
appropriations legislation. I would like to begin by first of all
complimenting the gentleman from Ohio [Mr. Regula], chairman of the
House Subcommittee on the Interior of the Committee on Appropriations,
for his hard work on the National Biologic Service issue. I would like
to especially thank him for working closely with members of the Western
Caucus, who have a very keen interest in this issue.
The Interior appropriations legislation is an important move in the
right direction. The independent Biological Research Agency is
eliminated. There is no longer a National Biological Survey, a National
Biological Service, or a Life Science Research Service. This is a
significant victory for taxpayers. Fifty-four million dollars is saved.
The overhead of a separate agency is eliminated. Objective science is
promoted.
The 1995 funding level for the NBS was $167 million. The Interior
appropriations bill eliminates this agency and account entirely. The
bill provides $113 million to the U.S. Geological Survey for resources
research. The USGS already has an authorized research mission. Further,
research will be confined to public land and will be conducted by
trained professionals. Equally important, the legislation will provide
for greater peer review throughout the research process. An option is
to privatize or contract out more of the research being done by the
Interior Department.
One of the most important points to make is that the Interior
appropriations bill language states that when authorizing legislation
is finally passed and signed by the President, it will supersede the
current proposal. We all agree research must be based on sound science.
Therefore, it is up to the authorizing committee to determine how to
guarantee that quality science is used and to include appropriate
guidelines and restrictions concerning private property and the use of
volunteers in an authorization bill.
Mr. Chairman, I think this is a wise step toward balancing the
budget.
Mr. SKAGGS. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington [Mr. McDermott].
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Chairman, I rise in vehement opposition to this
year's Interior appropriations bill (H.R. 1977).
By slashing the amount of money the Nation spends on protecting
various species and their environment, this bill will set back many of
the gains the Nation already has made in ensuring that our children and
grandchildren have a healthy environment in which to live.
Make no mistake, this bill is the first step by the Republican
majority to effectively gut and make useless the Endangered Species
Act--an act that has successfully balanced economic development with
necessary environmental concerns across the country for almost 25
years.
In fact, over the last 22 years, there have been fewer than 12 court
cases concerning habitat modification while countless sustainable
compromises have proven ESA's effectiveness.
[[Page H 6942]]
I am not just talking about preserving ESA moneys so that future
strip malls aren't built on wetlands or timber companies clearcut too
close to salmon habitat. We need these species for the future because
we know how much the vast spectrum of life has helped us in the past.
Right now, ESA protects plant life which may cure diseases such as
AIDS. Fifty percent of prescription medicines sold in the United States
contain at least one compound originally derived from plants, microbes,
fungi, and other obscure species. These medicines play a vital role in
fighting cancers, heart disease, and other infectious diseases and have
produced considerable economic benefits as well.
Yet, despite the many gains made under the ESA, the Republicans are
using the appropriations process as a devious back-door strategy to
slightly eliminate the ESA by no longer funding its activities.
Mr. Chairman, I urge Members to vote against this bill on that basis
alone.
Mr. REGULA. Mr. Chairman, I yield 3 minutes to the gentleman from
Utah [Mr. Hansen], a valued member of the Committee on Resources,
chairman of the Subcommittee on National Parks, Forests and Lands, and
a Member who contributed substantially in helping to craft this bill as
we worked in a cooperative way with the authorizing committee.
Mr. HANSEN. Mr. Chairman, I rise to engage in a colloquy with the
gentleman from Ohio [Mr. Regula], chairman of the Subcommittee on
Interior of the Committee on Appropriations. I appreciate his kind
words.
Mr. Chairman, I seek this colloquy to discuss the Interior
appropriations subcommittee action to reduce by $5.5 million the
administration's budget request for the implementation of the Ute
Indian Settlement Act. As the gentleman from Ohio is aware, the Indian
settlement was improved by Congress as part of Public Law 102-575,
which contained the Central Utah Project Completion Act.
Title V of that act settles certain water claims of the Ute Indian
Tribe of Utah relative to prior agreements with the United States, the
State of Utah and the central Utah Water Conservancy District. This
settlement represents more than a simple authorization for future
appropriations to the Ute tribe. It represents a binding obligation by
the Federal Government to compensate the Ute tribe for past promises
that were never kept.
I am concerned that the members of the Ute tribe will view the
subcommittee's action as breaking the Federal Government's commitment
to abide by the settlement. Does the subcommittee's action to reduce
funding for the settlement in any way suggest that the terms of the
settlement will not be fully satisfied?
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. HANSEN. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, I would respond to the gentleman from Utah
[Mr. Hansen] by saying no. The action taken by the subcommittee to
reduce funding for this settlement should not in any way be viewed as a
retreat of the Federal Government to honor the terms of the agreement
with the Ute Tribe of Indians. We are honor-bound to fully comply with
all aspects of the Ute Indian Settlement Act.
Mr. HANSEN. Could the chairman of the subcommittee then explain why
this action was taken?
Mr. REGULA. I would tell the gentleman from Utah, as he is very
aware, this year the Subcommittee on the Interior of the Committee on
Appropriations did not receive a section 602(b) budget allocation large
enough to fully fund the administration's request for the Indian land
and water claims settlements and miscellaneous payments account. The
subcommittee was forced to reduce the amount appropriated for the Ute
Indian Settlement Act by $5.5 million.
The bill does appropriate, however, a sizable remaining amount of
approximately $20 million for the Ute settlement. We plan to make up
for the reduced level funding in this fiscal year settlement funding by
adding in the future year's appropriations bills the appropriate
amount.
Mr. HANSEN. Mr. Chairman, if the other body is able to find
additional resources under section 602(b) allocation to restore the
$5.5 million and appropriates the full amount requested by the
administration's budget for the Ute Indian settlement, will the
subcommittee chairman defer to the other body in conference on this
specific appropriation item, so that the obligation to the Ute tribe
could be satisfied in this year's appropriation bill?
Mr. REGULA. Mr. Chairman, I can only assure the gentleman from Utah
that I and the other members of the conference committee representing
the House will carefully consider this item as we confer with the
Senate, with the other body, and seek to achieve, as much as possible,
full funding of the Ute Indian settlement.
Mr. HANSEN. Mr. Chairman, I appreciate the willingness of the
chairman of the subcommittee to continue to try to find money for this
important matter, and also for his excellent work as chairman of the
subcommittee.
Mr. YATES. Mr. Chairman, I yield 3 minutes to the gentleman from
American Samoa [Mr. Faleomavaega].
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Chairman, as the ranking member of the
Subcommittee on Native American and Insular Affairs of the Committee on
Resources, I rise to express great concerns about the cuts which the
Interior appropriations bill makes in the funding of the Bureau of
Indian Affairs.
Mr. Chairman, when viewed in the context of the massive cuts which
all Federal programs are taking, the BIA cuts may not seem serious.
But, when viewed in the context of the special Federal legal and moral
obligations to the Indian people, these cuts only further undermine the
honor and integrity of this Nation in meeting those obligations.
With that honor and integrity at stake, however, the Appropriations
Committee, in its report, makes a serious error which calls into
question the good faith of the United States toward all native
Americans.
In particular, language on page 53 of the committee's report directs
the BIA to submit a report to the committee on the gross gaming
revenues of Indian tribes and the amount of Federal funding such tribes
are receiving. The threat is thinly veiled.
About one third of the Indian tribes in the lower 48 States have
developed tribal revenues from gaming operations. In this respect, they
are not unlike nearly all of the States which have developed State
lotteries as a means of generating governmental revenues.
Two small tribes, ideally situated, have for all practical purposes
achieved economic self-sufficiency and complete independence from
Federal funding. Only a handful of other tribes are making significant
gains from their gaming operations. The overwhelming majority are
deriving revenues from their operations which permit them to only
partially meet critical unmet needs which the Federal Government has
refused to meet over the years. But in every case, whatever the level
of their gaming income, these tribes are devoting the net revenues to
governmental operations and programs, as required by the Indian Gaming
Regulatory Act.
Yet the committee's report levels a threat at these tribes. After
years of encouraging tribes to seek self-sufficiency and after years of
failing to meet this Nation's obligation to assist tribes toward that
goal, the report threatens to cut off their Federal funds in proportion
to governmental revenues generated by their own initiative. But we
know, in Indian affairs, that no good deed goes unpunished. If this
Congress is going to be consistent, Mr. Chairman, we need to require
each State government to make a report to Congress on the gross income
derived by that State from gaming and other commercial activities, and
to take those State receipts into consideration when allocating Federal
funds.
Mr. Chairman, I hope that the Secretary of the Interior, in
responding to the study requirement of the committee report--should the
Senate concur--will put the report into context. When reporting on the
level of tribal gaming revenues and on the level of Federal funding, he
must also advise the Congress of the level of unmet need of that tribe
and its members. The study of the tribe's unmet need must be
comprehensive, accurate, and that need must be
[[Page H 6943]]
measured in terms of the effort necessary to put that tribe and its
members into a position comparable to the average circumstances of all
Americans.
Until this Nation fulfills its obligation to the Indian people to
ensure them a standard of living comparable to the rest of the Nation,
it is unjust to threaten the Federal funding of programs for their
benefit because they have begun to exert their own efforts toward self-
sufficiency.
{time} 1300
Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, just a few things that have been brought out here.
First of all, concerning eliminating funding for endangered species. I
think it should be pointed out that the bill is subject to
authorization, and that for those that read today's Congress Daily, one
of the headlines is ``Young-Pombo Species Bill Readied.''
What I am saying is that the funds are there, they are in the refuge
operations and maintenance account, but they will be available in
conference, assuming we get an authorization bill on endangered
species. Right now there is not any. For that reason, we have not put
in money for listing and pre-listing.
Mr. Speaker, weatherization was raised as a problem. Of course we had
to cut. It was talked about how people are freezing. On weatherization,
to my knowledge, there is not anyone freezing in Hawaii but they are
getting weatherization money.
I think it illustrates the fact that this program is just one of
those that every State gets so many dollars without regard to the need.
It seems to me that if you have programs, they should be predicated on
the need of recipients.
Then the issue was raised of selling oil from the Strategic Petroleum
Reserve and a figure was brought up here of something like $30. I would
point out that the last 7 million barrels that were put in the
Strategic Petroleum Reserve which this bill proposes to sell cost
$17.50. That is what we are talking about.
The problem is that if we do not take care of SPRO, the 590 million
barrels that are there will not be accessible. But we will get into
that further discussion at the time that we have an amendment on that
topic.
One last comment. A number of speakers have addressed the fact that
this is below last year, that there are needs that are unmet. But I
would just remind everybody that there was an election on November 8,
1994, and I think the message was loud and clear from the voters, that
they want to reduce spending.
We are trying to do that. We are reducing spending. We are doing it
in a responsible way. Part of our legacy to future generations will be
on an economy that will be strong, that will provide them jobs, that
will be free of inflation, and that will give the standard of living
improvement that Chairman Alan Greenspan talked about.
Mr. Chairman, I have no further requests for time, but I reserve the
balance of my time, subject to what the minority would like to do.
Mr. YATES. Mr. Chairman, I yield 3 minutes to the distinguished
gentlewoman from Oregon [Ms. Furse].
Ms. FURSE. Mr. Chairman, there are so many bad cuts in this bill that
I do not have time to talk about all of them. I am going to talk abut
the ones that matter the most to me. Those are the attacks on our
endangered salmon.
This bill, makes no mistake about it, is an attack on environmental
protection and the Endangered Species Act. First, it slashes funding
for pre-listing activities and habitat acquisition. Why is that a bad
idea? Because we want to pre-list species before they reach the point
where they need listing. We want to buy habitat so that we do not
impact private landowners.
Second, this bill terminates all funding for listing activities. We
are simply putting our heads in the sand if we think that just because
we do not list a species, it is not going extinct. That is ridiculous.
We have got to list these species. The reality of species decline will
simply require more money and more drastic measures down the line to
stop the extinction of species.
Finally, Mr. Chairman, this bill terminates 3 vital initiatives to
protect fisheries habitat in the Northwest: PACFISH, INFISH and the
Upper Columbia Basin Assessment. Why are those important? Because they
are designed to ensure that the activities in the woods do not impact
our vital fishery interests.
On the West Coast, we are trying very, very hard, we have spent
millions of dollars to restore our salmon industry. In 1988, these
salmon contributed about $1 billion and 60,000 jobs to our region.
Since then, the salmon have declined so badly that the fishing revenue
has gone down 80 percent.
For this reason, the fishery industry strongly supports the
Endangered Species Act I want to quote what they say: ``There is . . .
no industry more regulated under the ESA presently, nor more likely to
be regulated in the future, than the commercial fishing industry. . . .
we view these protections as vitally important in protecting and
preserving our industry, our jobs and our way of life for the long
term. . . . Without a strong ESA, there will be no salmon recovery in
the northwest.''
To those who might think that gutting funding for the Endangered
Species Act will help the economy, I would ask you to go to the
Northwest and talk with the unemployed fishermen and fisherwomen in my
district. It seems to me if we want to reduce the deficit, and we must,
let's cut some Pentagon pork, not gut salmon recovery.
I urge my colleagues to oppose this bill to protect the environment
and to protect our salmon jobs and salmon industry.
Ms. RIVERS. Mr. Chairman, I rise today in strong opposition to H.R.
1977, the Interior Appropriations Bill for Fiscal Year 1996. Although
there are many reasons for this opposition, the greatest is the
elimination of the National Biological Service [NBS]. And although the
U.S. Geological Survey will now perform some of the NBS's functions, it
comes with a 33 percent cut in funding.
The National Biological Service [NBS] Director, Ronald Pulliam, has
stated publicly that the cut in the budget of the NBS would result in,
among other things, the closure of the Great Lakes Science Center
[GLSC] in my district.
The GLSC provides an invaluable service to the entire Great Lakes
Region. Since 1927, the Great Lakes Research Center has been funded by
the Federal Government to monitor the status and trends of the Great
Lakes ecosystem. The Center's 70 employees provide cutting-edge
research in the field of contaminants, wetlands, fish and wildlife
habitat, global climate change, fish health, and ecosystem indicators.
The Center has been one of the Nation's leaders in researching the
problems caused by nonindigenous pest species, such as the zebra
mussel.
The Great Lakes contain 95 percent of the fresh surface water in the
United States and supply drinking water, fish and other food to
millions of Americans. It is of critical importance that we continue
working to maintain and improve the environment in the Great Lakes
Basin. It is not so long ago that we had headlines declaring that Lake
Erie was dead. The research provided by the Great Lakes Science Center
has helped to revive that Lake, and this is the thanks it gets?
Mr. Chairman, upon seeing the budget document background materials
that were provided as part of the Republican Contract with America, I
noticed a line item that stated ``Abolish the National Biological
Service,'' and today they are doing it. And with the GLSC we are losing
one of the best research facilities in the Great Lakes Region. Losing
the Center, which has performed research work on Great Lakes issues
since 1917, will truly be a national tragedy.
Mr. McDERMOTT. Mr. Chairman, I rise in vehement opposition to this
year's Interior appropriations bill (H.R. 1977).
By slashing the amount of money the nation spends on protecting
various species and their environment, this bill will set back many of
the gains the nation already has made in ensuring that our children and
grandchildren have a healthy environment in which to live.
Make no mistake, this bill is the first step by the Republican
majority to effectively gut and make useless the Endangered Species
Act--an act that has successfully balanced economic development with
necessary environmental concerns across the country for almost 25
years.
In fact, over the last 22 years, there have been fewer than 12 court
cases concerning habitat modification while countless sustainable
compromises have proven ESA's effectiveness.
I am not just talking about preserving ESA moneys so that future
strip malls aren't built on wetlands or timber companies clear cut too
close to salmon habitat. We need these species for the future because
we know how
[[Page H 6944]]
much the vast spectrum of life has helped us in the past.
Right now, ESA protects plant life which may cure diseases such as
AIDS. Fifty percent of prescription medicines sold in the United States
contain at least one compound originally derived from plants, microbes,
fungi and other obscure species. These medicines play a vital role in
fighting cancers, heart disease, and other infectious diseases and have
produced considerable economic benefits as well.
Yet, despite the many gains made under the ESA, the Republicans are
using the appropriations process as a devious back door strategy to
silently eliminate the ESA by no longer funding its activities.
Just take a look at what they're doing. They are eliminating--zeroing
out--the money used for prelisting and listing species. Money crucial
for minimizing conflicts between economic development and specie
extinction. Countless other funds for ensuring that specie habitat can
be saved--including money for essential land acquisition--have been
dramatically reduced as well.
Mr. Speaker, since ESA has been enacted, the country has made
terrific strides in protecting the environment. Strides that have
provided both economic and environmental success. Let's not make a 180
degree turn and destroy the progress we have made by allowing bills
like this to become law. I urge my colleagues to oppose this effort by
the Republican majority to undermine the ESA and threaten the Nation's
environment. I urge you to vote ``no.''
Mr. RICHARDSON. Mr. Chairman, I strongly object to language included
in the report accompanying H.R. 1977, the Interior appropriations bill
for fiscal year 1996, which directs the Bureau of Indian Affairs [BIA]
not to distribute self-governance tribal shares of central office and
pooled overhead funding to Indian tribes despite the fact that the
distribution of these tribal shares is required by law, namely the
Indian Self-Determination and Education Assistance Act. Even the
committee's report admits that distribution is required by law. And as
the U.S. Supreme Court has stated in the Tennessee Valley Authority and
Oklahoma Press Publishing Co. cases, committee reports cannot change or
amend the plain intent of statutes.
But we must not also forget that Congress passed the Indian Self-
Determination Act and created the self-governance program in order to
enable tribes to achieve self-sufficiency, eliminate unnecessary layers
of bureaucracy, and reduce governmental red tape and inefficiency by
turning over the operation of Federal Indian programs to the tribes
themselves. This act was passed with strong bipartisan support and
represents the foundation of our policy toward Indian tribes.
The transfer of tribal shares from central office operations to the
tribes is part of this effort and has successfully resulted in concrete
reductions in the Federal bureaucracy that exist at the central and
area office levels of the BIA. As confirmed by a recent inspector
general's report, tribes receiving tribal shares further the act's
goals by spending these funds on actual services rather than on
administrative costs.
The language contained in the Appropriation Committee's report would
resurrect the very same bureaucratic obstacles that Congress and the
tribes have fought to eliminate over the past decade. If the BIA does
not have to distribute central office shares, then the BIA will not
have to downsize or restructure itself. The BIA has always opposed the
distribution of central office shares, and the language contained in
the report will only give it further opportunities to defeat the very
purposes of self-governance and the Indian Self-Determination Act. It
is vitally important that the policy of self-determination--and the
promises we made to the tribes in the Act--be honored.
Mr. DICKS. Mr. Chairman, I rise to discuss H.R. 1977, the fiscal year
1996 appropriations bill for the Department of the Interior and Related
Agencies.
I would like to thank the gentleman from Ohio, Mr. Regula, who has
done a fine job under very difficult circumstances in developing this
bill in his first year of chairing the Interior Appropriations
Subcommittee. I would also like to express my appreciation to the
subcommittee's ranking member, Mr. Yates, who has long been a champion
of many of the critical needs for the Nation that are funded through
this bill.
The Interior appropriations bill had to absorb a reduction of $1.5
billion in budget authority, $750 million in outlays, and an overall
cut of 10 percent to base funding. So even though I am not happy with
this level of reduced funding for the Interior bill, I believe that our
chairman and our subcommittee did its best under difficult
circumstances to hold together support for the bill's core priorities.
This bill is important because it funds our national parks. The
national park system is currently comprised of 368 areas, encompassing
more than 80 million acres, in 49 States and the District of Columbia.
This bill provides the operations money to protect our crown jewels in
the park system, such as the Olympic National Park, Mt. Rainier,
Yellowstone, and Grand Canyon, and the Everglades.
The bill supports our national wildlife refuge systems, ensures the
protection of species, and encourages ecosystems management. It ensures
that the U.S. Geological Survey continues its operations, and is able
to investigate and issue warnings of earthquakes, volcanic eruptions,
landslides, and other geologic hazards.
The bill takes away the independent status of the National Biological
Service, placing it under the jurisdiction of the U.S. Geological
Survey, and reduces its base funding by $49 million. Under this bill,
the NBS will not be a runaway agency as some opponents have claimed.
But I believe that the mission of the National Biological Service is an
important one, and we should not make critical decisions on habitat use
and species protection in a vacuum. We should know as much as possible,
and use that knowledge to make forward-thinking decisions which benefit
all concerned.
I just had a private company in my State, Murray-Pacific, produce the
first multi-species habitat conservation plan [HCP] in the nation.
Their experience, and the progress that others are making, demonstrates
that species and humans can co-exist, and the NBS can be a positive
catalyst to assist in these efforts.
This bill addresses the needs of our native American citizens, and
ensures that we continue to invest in their economic well-being,
health, and cultural priorities through the Bureau of Indian Affairs
[BIA] and the Indian Health Service [IHS]. I would have killed to have
seen the
Office of Indian Education funded as well, but I understand the
subcommittee's constraints, and we did manage to hold the Bureau of
Indian Affairs to only a 3-percent cut, and maintained base funding for
the Indian Health Service.
This bill funds the President's forest plan in the Pacific Northwest,
and although greater efforts need to be made in the region to reach the
timber harvest levels identified in the plan, I believe we are making
progress, and the funding within this bill will keep us on a positive
track.
The bill provides for the full economic assistance to hardhit timber-
dependent communities in the Northwest, and also keeps us moving
forward with watershed analysis and the ``Jobs in the Woods'' watershed
restoration program, which is doing great things for the environment
and helping dislocated timber workers in my district and the region.
The bill also ensures that we continue to make progress on the
national timber sale program. We have a severely depleted national
pipeline, and there are funds provided in this bill to increase efforts
on advanced timber sales preparation, and prepare an additional 400
million board feet above the 4.9 billion board feet target called for
in the President's fiscal year 1996 budget submission.
Finally, the bill funds our cultural institutions: the Smithsonian
Institution, the Holocaust Museum, the National Endowment for the
Humanities, and yes, the National Endowment for the Arts. I strongly
support the Arts and Humanities agencies. They are an investment in
America's culture and future. Both the NEA and NEH received 40 percent
cuts in this bill and should not be reduced further.
Mrs. ROUKEMA. Mr. Chairman, I will support House passage of H.R.
1977, but I want to take this opportunity to briefly express my concern
about several aspects of this very important legislation, which funds
the Interior Department and various independent agencies for the coming
fiscal year.
Before elaborating on my concerns with the particular details of this
bill, let me reaffirm that I vigorously support a balanced Federal
budget, and I continue to support efforts to slow down the rate of
growth in Federal spending as a means of achieving this objective,
instead of raising taxes on the hard-working American people.
I also know that Chairman Regula, like all other Appropriations
Subcommittee chairman, is trying to make the best of a very difficult
situation.
H.R. 1977, as reported by the House Appropriations Committee,
represents his best effort at balancing far more requests for Federal
monies than his subcommittee has the ability to fund, now that the
104th Congress has begun the difficult process of balancing the Federal
budget over the next 7 years.
Nevertheless, there are priorities which should be understood.
Namely, that inordinate delays in taking action can frequently result
in higher costs. In other words, postponement can sometimes be ``penny
wise, but pound foolish.''
Such a delay would, in the case of Sterling Forest, result in
enormous additional costs. That is why our New Jersey delegation is
aggressively pursuing the following course of action.
In recent years, a bipartisan delegation of members from the states
of New Jersey and
[[Page H 6945]]
New York have worked diligently to pass legislation that would
initially authorize, and subsequently appropriate, funds to purchase
roughly 20,000 acres of undeveloped woodland straddling the New Jersey-
New York border commonly know as Sterling Forest.
Protecting Sterling Forest from development is essential, because
these lands provide vital watershed protection to millions of residents
in the great New York City metropolitan area, including New Jersey and
Connecticut.
Developing Sterling Forest, as its current owner has proposed doing,
would jeopardize the water quality for hundreds of thousands, if not
millions, of people who live and work in the tristate area.
Further delays in purchasing will ultimately cost our citizens much
more, both in financial costs as well as public health costs.
Consequently, those of us who have been working to protect Sterling
Forest were very encouraged to see the Senate pass legislation that
contained authorization for $17.5 million in funding to help purchase
Sterling Forest, right before the Fourth of July recess.
I, along with other concerned House Members, will be working with the
leadership of the House Resources Committee to encourage the committee
to promptly pass this critical authorization legislation through the
House of Representatives so that it can go directly to the White House
where President Clinton can sign it into law.
If we are successful in these efforts, I hope that the Senate will
include funding for Sterling Forest in its version of H.R. 1977, which
will be debated by the other body in September or October.
If the Senate version of the fiscal year 1996 Interior appropriations
bill contains Sterling Forest funding, I look forward to working with
subcommittee Chairman Regula, and other House conferees, to ensure that
the final version of H.R. 1977 contains these essential money.
In addition to having the support of Members from both New Jersey and
New York, the effort to preserve and protect Sterling Forest enjoys the
support of both Governor Whitman and Governor Pataki.
Clearly, this is a case of bipartisan, interstate support for doing
the right thing; namely, purchasing Sterling Forest and preventing its
development will help protect the water supply for millions of
residents in the northern New Jersey and avoiding escalating costs to
the taxpayers in the future.
Enacting this legislation is a very high priority for Governor
Whitman, the State of New Jersey, and our congressional delegation. I
will continue to work with Chairman Regula to make this a reality.
In the meantime, I will support House passage of H.R. 1977 with the
hope that its final version will enjoy my full and enthusiastic
support.
Mr. YATES. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. REGULA. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered under the 5-minute
rule by titles and each title shall be considered read.
The amendments printed in section 2 of House Resolution 187 are
adopted.
During consideration of the bill for amendment, the Chairman of the
Committee of the Whole may accord priority in recognition to a Member
who has caused an amendment to be printed in the designated place in
the Congressional Record. Those amendments will be considered read.
The Clerk will designate title I.
The text of title I is as follows:
H.R. 1977
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau $570,017,000, to remain available until expended, of
which not more than $599,999 shall be available to the
Needles Resources Area for the management of the East Mojave
National Scenic Area, as defined by the Bureau of Land
Management prior to October 1, 1994, in the California Desert
District of the Bureau of Land Management, and of which
$4,000,000 shall be derived from the special receipt account
established by section 4 of the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)):
Provided, That appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors; and in addition, $27,650,000 for Mining Law
Administration program operations, to remain available until
expended, to be reduced by amounts collected by the Bureau of
Land Management and credited to this appropriation from
annual mining claim fees so as to result in a final
appropriation estimated at not more than $570,017,000:
Provided further, That in addition to funds otherwise
available, and to remain available until expended, not to
exceed $5,000,000 from annual mining claim fees shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication
site rental fees established by the Bureau.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the
Interior, $235,924,000, to remain available until expended,
of which not to exceed $5,025,000, shall be available for the
renovation or construction of fire facilities: Provided, That
notwithstanding any other provision of law, persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That unobligated balances of
amounts previously appropriated to the Fire Protection and
Emergency Department of the Interior Firefighting Fund may be
transferred or merged with this appropriation.
central hazardous materials fund
For expenses necessary for use by the Department of the
Interior and any of its component offices and bureaus for the
remedial action, including associated activities, of
hazardous waste substances, pollutants, or contaminants
pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C. 9601 et
seq.), $10,000,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, sums
recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities
conducted by the Department pursuant to sections 107 or
113(f) of the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C. 9607 or
9613(f)), shall be credited to this account and shall be
available without further appropriation and shall remain
available until expended: Provided further, That such sums
recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated,
or otherwise disposed of by the Secretary of the Interior and
which shall be credited to this account.
construction and access
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $2,515,000, to remain
available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-07), $111,409,000, of which
not to exceed $400,000 shall be available for administrative
expenses.
land acquisition
For expenses necessary to carry out the provisions of
sections 205, 206, and 318(d) of Public Law 94-579 including
administrative expenses and acquisition of lands or waters,
or interests therein, $8,500,000 to be derived from the Land
and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $91,387,000, to remain available until expended:
Provided, That 25 per centum of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge
against the Oregon and California land-grant fund and shall
be transferred to the General Fund in the Treasury in
accordance with the provisions of the second paragraph of
subsection (b) of title II of the Act of August 28, 1937 (50
Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50
[[Page H 6946]]
per centum of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et
seq.) and the amount designated for range improvements from
grazing fees and mineral leasing receipts from Bankhead-Jones
lands transferred to the Department of the Interior pursuant
to law, but not less than $9,113,000, to remain available
until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under sections 209(b), 304(a), 304(b), 305(a), and
504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701),
and sections 101 and 203 of Public Law 93-153, to be
immediately available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),
any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise,
or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be
available and may be expended under the authority of this or
subsequent appropriations Acts by the Secretary to improve,
protect, or rehabilitate any public lands administered
through the Bureau of Land Management which have been damaged
by the action of a resource developer, purchaser, permittee,
or any unauthorized person, without regard to whether all
moneys collected from each such forfeiture, compromise, or
settlement are used on the exact lands damage to which led to
the forfeiture, compromise, or settlement: Provided further,
That such moneys are in excess of amounts needed to repair
damage to the exact land for which collected.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing law, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau of
Land Management; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the
Secretary and to be accounted for solely on his certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-sharing
and partnership arrangements authorized by law, procure
printing services from cooperators in connection with
jointly-produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the
general administration of the United States Fish and Wildlife
Service; and for maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge; and not less
than $1,000,000 for high priority projects within the scope
of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August
13, 1970, as amended by Public Law 93-408, $498,035,000, to
remain available for obligation until September 30, 1997, of
which $11,557,000 shall be for operation and maintenance of
fishery mitigation facilities constructed by the Corps of
Engineers under the Lower Snake River Compensation Plan,
authorized by the Water Resources Development Act of 1976 (90
Stat. 2921), to compensate for loss of fishery resources from
water development projects on the Lower Snake River:
Provided, That unobligated and unexpended balances in the
Resource Management account at the end of fiscal year 1995,
shall be merged with and made a part of the fiscal year 1996
Resource Management appropriation, and shall remain available
for obligation until September 30, 1997.
construction
For construction and acquisition of buildings and other
facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and
interests therein; $26,355,000, to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601,
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and the Act of July 27, 1990 (Public Law 101-
337); $6,019,000, to remain available until expended:
Provided, That sums provided by any party in fiscal year 1996
and thereafter are not limited to monetary payments and may
include stocks, bonds or other personal or real property,
which may be retained, liquidated or otherwise disposed of by
the Secretary and such sums or properties shall be utilized
for the restoration of injured resources, and to conduct new
damage assessment activities.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4-11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $14,100,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended by Public Law 100-478, $8,085,000 for grants to
States, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the
African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
4213, 4221-4225, 4241-4245, and 1538), $600,000, to remain
available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
$4,500,000, to remain available until expended.
lahontan valley and pyramid lake fish and wildlife fund
For carrying out section 206(f) of Public Law 101-618, such
sums as have previously been credited or may be credited
hereafter to the Lahontan Valley and Pyramid Lake Fish and
Wildlife Fund, to be available until expended without further
appropriation.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$200,000, to remain available until expended, to be available
to carry out the provisions of the Rhinoceros and Tiger
Conservation Act of 1994 (P.L. 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation
Fund, $998,000, to remain available until expended, to be
available for carrying out the Partnerships for Wildlife Act
only to the extent such funds are matched as provided in
section 7105 of said Act.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 113 passenger motor vehicles, of which 59 are
for police-type use and 88 are for replacement only; not to
exceed $400,000 for payment, at the discretion of the
Secretary, for information, rewards, or evidence concerning
violations of laws administered by the United States Fish and
Wildlife Service, and miscellaneous and emergency expenses of
enforcement activities, authorized or approved by the
Secretary and to be accounted for solely on his certificate;
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the United States
Fish and Wildlife Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the United States Fish and Wildlife
Service and to which the United States has title, and which
are utilized pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided,
That the United States Fish and Wildlife Service may accept
donated aircraft as replacements for existing aircraft:
Provided further, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That
notwithstanding any other provision of law, the
[[Page H 6947]]
Secretary of the Interior may not spend any of the funds appropriated
in this Act for the purchase of lands or interests in lands
to be used in the establishment of any new unit of the
National Wildlife Refuge System unless the purchase is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming
procedures contained in House Report 103-551: Provided
further, That none of the funds made available in this Act
may be used by the U.S. Fish and Wildlife Service to impede
or delay the issuance of a wetlands permit by the U.S. Army
Corps of Engineers to the City of Lake Jackson, Texas, for
the development of a public golf course west of Buffalo Camp
Bayou between the Brazos River and Highway 332: Provided
further, That section 201 of the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3911) is amended--
(1) in subsection (a)(1)(B), by striking ``distributed''
and inserting ``used''; and
(2) in subsection (c)--
(A) by redesignating clauses (i), (ii), and (iii) of
subparagraph (A) as paragraphs (1), (2), and (3),
respectively;
(B) by striking ``shall be distributed as follows:'' and
all that follows through ``such amount--'' and inserting
``shall be used by the Secretary--''; and
(C) by striking subparagraph (B).
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not to exceed $1,593,000 for the Volunteers-in-
Parks program, and not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized
by the Act of August 13, 1970, as amended by Public Law 93-
408, $1,088,249,000, without regard to the Act of August 24,
1912, as amended (16 U.S.C. 451), of which not to exceed
$72,000,000, to remain available until expended is to be
derived from the special fee account established pursuant to
title V, section 5201, of Public Law 100-203, and of which
not more than $1 shall be available for activies of the
National Park Service at the Mojave National Preserve.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, environmental compliance
and review, international park affairs, statutory or
contractual aid for other activities, and grant
administration, not otherwise provided for, $35,725,000:
Provided, That $248,000 of the funds provided herein are for
the William O. Douglas Outdoor Education Center, subject to
authorization.
historic preservation fund
For expenses necessary in carrying out the provisions of
the Historic Preservation Act of 1966 (80 Stat. 915), as
amended (16 U.S.C. 470), $37,934,000, to be derived from the
Historic Preservation Fund, established by section 108 of
that Act, as amended, to remain available for obligation
until September 30, 1997.
construction
For construction, improvements, repair or replacement of
physical facilities, $114,868,000, to remain available until
expended: Provided, That not to exceed $6,000,000 shall be
paid to the Army Corps of Engineers for modifications
authorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1996 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4-11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with statutory authority applicable to the
National Park Service, $14,300,000, to be derived from the
Land and Water Conservation Fund, to remain available until
expended, of which $4,800,000 is provided for Federal
assistance to the State of Florida pursuant to Public Law
103-219, and of which $1,500,000 is to administer the State
assistance program.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 518 passenger
motor vehicles, of which 323 shall be for replacement only,
including not to exceed 411 for police-type use, 12 buses,
and 5 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and
possessions, and other areas as authorized by law (43 U.S.C.
31, 1332 and 1340); classify lands as to their mineral and
water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; $686,944,000, of which $62,130,000
shall be available for cooperation with States or
municipalities for water resources investigations, and of
which $112,888,000 for resource research and the operations
of Cooperative Research Units shall remain available until
September 30, 1997: Provided, That no part of this
appropriation shall be used to pay more than one-half the
cost of any topographic mapping or water resources
investigations carried on in cooperation with any State or
municipality: Provided further, That funds available herein
for resource research may be used for the purchase of not to
exceed 61 passenger motor vehicles, of which 55 are for
replacement only: Provided further, That none of the funds
available under this head for resource research shall be used
to conduct new surveys on private property: Provided further,
That none of the funds provided herein for resource research
may be used to administer a volunteer program: Provided
further, That no later than April 1, 1996, the Director of
the United States Geological Survey shall issue agency
guidelines for resource research that ensure that scientific
and technical peer review is utilized as fully as possible in
selection of projects for funding and ensure the validity and
reliability of research and data collection on Federal lands:
Provided further, That no funds available for resource
research may be used for any activity that was not authorized
prior to the establishment of the National Biological Survey:
Provided further, That once every five years the National
Academy of Sciences shall review and report on the resource
research activities of the Survey: Provided further, That if
specific authorizing legislation is enacted during or before
the start of fiscal year 1996, the resource research
component of the Survey should comply with the provisions of
that legislation: Provided further, That unobligated and
unexpended balances in the National Biological Survey,
Research, inventories and surveys account at the end of
fiscal year 1995, shall be merged with and made a part of the
United States Geological Survey, Surveys, investigations, and
research account and shall remain available for obligation
until September 30, 1996.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for purchase of not to exceed 22
passenger motor vehicles, for replacement only; reimbursement
to the General Services Administration for security guard
services; contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized
surveys when it is administratively determined that such
procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the United States
Geological Survey appointed, as authorized by law, to
represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only; $186,556,000, of which not less than
$70,105,000 shall be available for royalty management
activities; and an amount not to exceed $12,400,000 for the
Technical Information Management System of Outer Continental
Shelf (OCS) Lands Activity, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for OCS administrative activities performed by
the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for
OCS administrative activities established after September 30,
1993: Provided, That beginning in fiscal year 1996 and
thereafter, fees for royalty rate relief applications shall
be established (and revised as needed) in Notices to Lessees,
and shall be credited to this account in the program areas
performing the function, and remain available until expended
for the costs of administering the royalty rate relief
authorized by 43 U.S.C. 1337(a)(3): Provided further, That
$1,500,000 for computer acquisitions shall remain available
until September 30, 1997: Provided further, That funds
appropriated under this Act shall be available for the
payment of interest in
[[Page H 6948]]
accordance with 30 U.S.C. 1721 (b) and (d): Provided further, That not
to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this head shall be available
for refunds of overpayments in connection with certain Indian
leases in which the Director of the Minerals Management
Service concurred with the claimed refund due, to pay amounts
owed to Indian allottees or Tribes, or to correct prior
unrecoverable erroneous payments: Provided further, That
beginning in fiscal year 1996 and thereafter, the Secretary
shall take appropriate action to collect unpaid and underpaid
royalties and late payment interest owed by Federal and
Indian mineral lessees and other royalty payors on amounts
received in settlement or other resolution of disputes under,
and for partial or complete termination of, sales agreements
for minerals from Federal and Indian leases.
oil spill research
For necessary expenses to carry out the purposes of title
I, section 1016, title IV, sections 4202 and 4303, title VII,
and title VIII, section 8201 of the Oil Pollution Act of
1990, $6,440,000, which shall be derived from the Oil Spill
Liability Trust Fund, to remain available until expended.
Bureau of Mines
mines and minerals
For expenses necessary for the orderly closure of the
Bureau of Mines, $87,000,000.
administrative provisions
The Secretary is authorized to accept lands, buildings,
equipment, other contributions, and fees from public and
private sources, and to prosecute projects using such
contributions and fees in cooperation with other Federal,
State or private agencies: Provided, That the Bureau of Mines
is authorized, during the current fiscal year, to sell
directly or through any Government agency, including
corporations, any metal or mineral products that may be
manufactured in pilot plants operated by the Bureau of Mines,
and the proceeds of such sales shall be covered into the
Treasury as miscellaneous receipts: Provided further, That
notwithstanding any other provision of law, the Secretary is
authorized to convey, without reimbursement, title and all
interest of the United States in property and facilities of
the United States Bureau of Mines in Juneau, Alaska to the
City and Borough of Juneau, Alaska; in Tuscaloosa, Alabama,
to The University of Alabama; in Rolla, Missouri, to the
University of Missouri-Rolla; and in other localities to such
university or government entities as the Secretary deems
appropriate.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 15 passenger motor vehicles for replacement only;
$92,751,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to
remain available until expended, from performance bond
forfeitures in fiscal year 1996: Provided, That
notwithstanding any other provision of law, the Secretary of
the Interior, pursuant to regulations, may utilize directly
or through grants to States, moneys collected in fiscal year
1996 pursuant to the assessment of civil penalties under
section 518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected
by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That
notwithstanding any other provision of law, appropriations
for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out the provisions of title
IV of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95-87, as amended, including the purchase of not
more than 22 passenger motor vehicles for replacement only,
$176,327,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended,
of which $5,000,000 shall be used for supplemental grants to
States for the reclamation of abandoned sites with acid mine
rock drainage from coal mines through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program
States will be $1,500,000 per State in fiscal year 1996:
Provided further, That of the funds herein provided up to
$18,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no
more than 25 per centum shall be used for emergency
reclamation projects in any one State and funds for
Federally-administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further,
That donations credited to the Abandoned Mine Reclamation
Fund, pursuant to section 401(b)(3) of Public Law 95-87, are
hereby appropriated and shall be available until expended to
support projects under the Appalachian Clean Streams
Initiative, directly, through agreements with other Federal
agencies, as otherwise authorized, or through grants to
States or local governments, or tax-exempt private entities:
Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall not
be subject to the 25 per centum limitation per State and may
be used without fiscal year limitation for emergency
projects: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to utilize
up to 20 per centum from the recovery of the delinquent debt
owed to the United States Government to pay for contracts to
collect these debts.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants
including expenses necessary to provide education and welfare
services for Indians, either directly or in cooperation with
States and other organizations, including payment of care,
tuition, assistance, and other expenses of Indians in
boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of
resources and appurtenant facilities under the jurisdiction
of the Bureau of Indian Affairs, including payment of
irrigation assessments and charges; acquisition of water
rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as authorized
by law; for the general administration of the Bureau of
Indian Affairs, including such expenses in field offices;
maintaining of Indian reservation roads as defined in section
101 of title 23, United States Code; and construction,
repair, and improvement of Indian housing, $1,508,777,000, of
which not to exceed $106,126,000 shall be for payments to
tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts
entered into with the Bureau of Indian Affairs prior to
fiscal year 1996, as authorized by the Indian Self-
Determination Act of 1975, as amended, and $5,000,000 shall
be for the Indian Self-Determination Fund, which shall be
available for the transitional cost of initial or expanded
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act; and of which not to exceed
$330,711,000 for school operations costs of Bureau-funded
schools and other education programs shall become available
for obligation on July 1, 1996, and shall remain available
for obligation until September 30, 1997; and of which not to
exceed $67,138,000 for higher education scholarships, adult
vocational training, and assistance to public schools under
the Johnson O'Malley Act shall remain available for
obligation until September 30, 1997; and of which not to
exceed $74,814,000 shall remain available until expended for
trust funds management, housing improvement, road
maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, and
the Navajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or
compact agreements: Provided further, That funds made
available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1996, as
authorized by the Indian Self-Determination Act of 1975 (88
Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized by
the Indian Education Amendments of 1988 (25 U.S.C. 2001 and
2008A) shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim in
litigation pending on the date of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe
or individual Indian has been furnished with the accounting
of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That
notwithstanding any other provision of law, the
reconciliation report to be submitted pursuant to Public Law
103-412 shall be submitted by November 30, 1997: Provided
further, That to provide funding uniformity within a Self-
Governance Compact, any funds provided in this Act with
availability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further, That
notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for general
assistance or change the amount of general assistance
payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general
assistance payments so long as such changes are applied in a
consistent manner to individuals similarly situated: Provided
further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes:
Provided further, That any net increase in costs to the
Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its
tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 1996, may be
[[Page H 6949]]
transferred during fiscal year 1997 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 1997: Provided further, That notwithstanding
any other provision of law, no funds available to the Bureau
of Indian Affairs, other than the amounts provided herein for
assistance to public schools under the Act of April 16, 1934
(48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be
available to support the operation of any elementary or
secondary school in the State of Alaska in fiscal year 1996:
Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1997 for
schools funded by the Bureau of Indian Affairs shall be
available only to the schools which are in the Bureau of
Indian Affairs school system as of September 1, 1995:
Provided further, That no funds available to the Bureau of
Indian Affairs shall be used to support expanded grades for
any school beyond the grade structure in place at each school
in the Bureau of Indian Affairs school system as of October
1, 1995: Provided further, That notwithstanding the
provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the
recommendation of a local school board for a Bureau of Indian
Affairs operated school, the Secretary shall establish rates
of basic compensation or annual salary rates for the
positions of teachers and counselors (including dormitory and
homeliving counselors) at the school at a level not less than
that for comparable positions in public school districts in
the same geographic area.
construction
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands and interests in lands; and
preparation of lands for farming, $98,033,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian
Irrigation Project and for other water resource development
activities related to the Southern Arizona Water Rights
Settlement Act may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per
centum of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau
of Indian Affairs: Provided further, That any funds provided
for the Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for the fiscal year ending September 30, 1996,
in implementing new construction or facilities improvement
and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public
Law 100-297, as amended, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part
12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $67,145,000, to
remain available until expended; of which $65,100,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 87-483, 97-
293, 101-618, 102-374, 102-441, 102-575, and 103-116, and for
implementation of other enacted water rights settlements,
including not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Carolina
Claims Settlement, as authorized by section 5(a) of Public
Law 103-116; and of which $1,045,000 shall be available
pursuant to Public Laws 98-500, 99-264, and 100-580; and of
which $1,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competitive
Equality Banking Act of 1987 (Public Law 100-86 (101 Stat.
659)), 31 U.S.C. 3334(b), (2) to restore to Individual Indian
Monies trust funds, Indian Irrigation Systems, and Indian
Power Systems accounts amounts invested in credit unions or
defaulted savings and loan associations and which were not
Federally insured, and (3) to reimburse Indian trust fund
account holders for losses to their respective accounts where
the claim for said loss(es) has been reduced to a judgment or
settlement agreement approved by the Department of Justice.
administrative provisions
Appropriations for the Bureau of Indian Affairs shall be
available for expenses of exhibits, and purchase of not to
exceed 275 passenger carrying motor vehicles, of which not to
exceed 215 shall be for replacement only.
Territorial and International Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$69,232,000, of which (1) $65,705,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $3,527,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or utilized by such
governments, may be audited by the General Accounting Office,
at its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands Covenant grant funding: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Commonwealth of
the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of
Micronesia through assessments of long-range operations and
maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including
management and vocational education training), and project-
specific maintenance (with territorial participation and cost
sharing to be determined by the Secretary based on the
individual territory's commitment to timely maintenance of
its capital assets): Provided further, That any appropriation
for disaster assistance under this head in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compacts of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $24,938,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658: Provided, That notwithstanding
section 112 of Public Law 101-219 (103 Stat. 1873), the
Secretary of the Interior may agree to technical changes in
the specifications for the project described in the
subsidiary agreement negotiated under section 212(a) of the
Compact of Free Association, Public Law 99-658, or its annex,
if the changes do not result in increased costs to the United
States.
Departmental Offices
Office of the Secretary
Salaries and Expenses
For necessary expenses of the Office of the Secretary of
the Interior, $55,982,000, of which not to exceed $7,500 may
be for official reception and representation expenses.
Office of the Solicitor
Salaries and Expenses
For necessary expenses of the Office of the Solicitor,
$34,608,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$23,939,000.
National Indian Gaming Commission
Salaries and Expenses
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold,
[[Page H 6950]]
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no
programs funded with appropriated funds in the ``Office of
the Secretary'', ``Office of the Solicitor'', and ``Office of
Inspector General'' may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and must, be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage
assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for fire suppression purposes shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression
activities, no funds shall be made available under this
authority until funds appropriated to the ``Emergency
Department of the Interior Firefighting Fund'' shall have
been exhausted: Provided further, That all funds used
pursuant to this section are hereby designated by Congress to
be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985 and must be replenished by a supplemental
appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, U.S.C.: Provided, That reimbursements
for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation
current at the time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
Sec. 107. Appropriations made in this title from the Land
and Water Conservation Fund for acquisition of lands and
waters, or interests therein, shall be available for
transfer, with the approval of the Secretary, between the
following accounts: Bureau of Land Management, Land
acquisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition and
State assistance. Use of such funds are subject to the
reprogramming guidelines of the House and Senate Committees
on Appropriations.
Sec. 108. Amounts appropriated in this Act for the
Presidio which are not obligated as of the date on which the
Presidio Trust is established by an Act of Congress shall be
transferred to and available only for the Presidio Trust.
Sec. 109. Section 6003 of Public Law 101-380 is hereby
repealed.
Sec. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Secretary of the Interior for developing, promulgating, and
thereafter implementing a rule concerning rights-of-way under
section 2477 of the Revised Statutes.
Sec. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in
the President's moratorium statement of June 26, 1990, in the
areas of Northern, Central, and Southern California; the
North Atlantic; Washington and Oregon; and the Eastern Gulf
of Mexico south of 26 degrees north latitude and east of 86
degrees west longitude.
Sec. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing,
or the approval or permitting of any drilling or other
exploration activity, on lands within the North Aleutian
Basin planning area.
Sec. 113. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992-1997.
Sec. 114. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Atlantic for Outer
Continental Shelf Lease Sale 164 in the Outer Continental
Shelf Natural Gas and Oil Resource Management Comprehensive
Program, 1992-1997.
Amendment Offered by Mr. Kolbe
Mr. KOLBE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment Offered by Mr. Kolbe: Page 19, line 15, after
``property'' insert the following: ``except when it is made
known to the Federal official having authority to obligate or
expend such funds that the survey or research has been
requested and authorized in writing by the property owner or
the owner's authorized representative''.
Mr. KOLBE. Mr. Chairman, this amendment has been cleared with the
majority and the minority. It has been cleared also with the
authorizing committee, so I will take less than 30 seconds to describe
it.
Basically, when we transferred the functions of the NBS, National
Biological Survey, to the U.S. Geological Survey, we put in language
which prohibited the use of any funds to conduct surveys. USGS does do
surveys, always with written authorization, so this simply restores
that and clarifies it and makes it clear that if they are requested,
and if it is authorized in writing by the private property owner, they
can do the survey. Without this, USGS, for example, would be unable to
go on the property of Phelps Dodge or Magnum or some other company to
do a geological survey. We think it does clarify it, and it has been
cleared.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. KOLBE. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, as I understand it, it is cleared with the
authorizers?
Mr. KOLBE. It has been, that is correct.
Mr. REGULA. Mr. Chairman, we have examined the amendment, we think it
is a good one and we are in agreement. We accept the amendment.
Mr. YATES. If the gentleman will yield, we have no objection to the
amendment, Mr. Chairman.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Arizona [Mr. Kolbe].
The amendment was agreed to.
Amendment Offered by Mr. Regula
Mr. REGULA. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Regula: On page 9, line 22, strike
``498,035,000'' and insert in lieu thereof: ``499,235,000'',
and
On page 18, line 25 strike ``686,944,000'' and insert in
lieu thereof: ``685,744,000'', and
[[Page H 6951]]
On page 19, line 3, strike ``112,888,000'' and insert in
lieu thereof: ``111,688,000''.
Mr. REGULA. Mr. Chairman, this amendment transfers $1.2 million to
support the breeding bird survey that transfers from the USGS to the
Fish and Wildlife Service. The Fish and Wildlife Service prior to 1993
performed this function. We want to give it back to them. I think this
is a very important function.
The gentleman from Wisconsin [Mr. Obey], the ranking member of the
full committee, filed a dissent. It is on the back page of the report.
I think the information and the ideas he expressed therein are very
constructive. We are trying to respond to the concerns expressed by the
gentleman from Wisconsin [Mr. Obey]. I share them.
Many groups across the country participate in the survey on the
breeding birds and they find this something they like to do, so we want
this to continue. Therefore, we are taking some of the funding in the
resource research division we have created in USGS and have transferred
it to the Fish and Wildlife for that function.
Mr. YATES. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Illinois.
Mr. YATES. Mr. Chairman, I am impressed with the chairman's argument.
Why do you not do it for all the other places where you have banned the
use of volunteers?
Mr. REGULA. In response to the gentleman's question, Mr. Chairman,
this is the biggest item in terms of volunteer hours. It is a selected
function in terms of dealing with the migratory birds. We felt that it
would be very appropriate to have the volunteers do this.
Mr. YATES. I do not think there is any doubt that this is a place
where you can use volunteers. But I should like to suggest to the
chairman that there are other places as well. I would hope that he
would give them his close attention.
Mr. REGULA. Mr. Chairman, I would point out that with the exception
of the natural resource research function, within the USGS there is no
restriction on the use of volunteers, and as we all know, there are
hundreds of thousands of volunteers in forests, parks, BLM, Fish and
Wildlife, USGS, and they are in no way restricted by this bill.
Mr. YATES. If the gentleman will yield further, I have a factsheet
from the Department of the Interior. It says that during the last 4
years, 32 veterinary medicine students and 18 others have volunteered
over 3 person-years to the National Wildlife Health Center in Madison,
WI, to perform postmortem examinations and other highly technical
activities in collaboration with the center's diagnostic staff.
Apparently even in scientific work, volunteers have done a creditable
job.
Mr. REGULA. We discussed that with the gentleman from California [Mr.
Miller], and I know it is a matter of a difference of opinion.
Let me just mention one further thing. The language in the science
portion of USGS as provided in this bill says that if there is an
authorized bill on this subject, and I know that the authorizing
committee plans to bring one out, that the language in the
appropriations bill will drop out and whatever comes in the authorizing
bill, they can address the volunteer issue in that bill.
Mr. YATES. I thank the gentleman.
Mr. REGULA. Mr. Chairman, the amendment transfers $1,200,000 from the
U.S. Geological Survey, surveys, investigations, and research
appropriation, natural resources research activity, to the U.S. Fish
and Wildlife Service, resource management appropriation, migratory bird
management activity to support the Patuxent bird banding lab and the
breeding bird survey, the latter of which is conducted largely by
volunteers and is essential in the promulgation of Federal migratory
bird hunting regulations. This transfer also includes $200,000 for the
related waterfowl survey work on the Yukon Delta refuges in Alaska.
These activities were formerly funded in the Fish and Wildlife Service
and were transferred to the National Biological Survey when it was
established. The amendment does not transfer back the computer support
for this program, with the expectation that the data analysis needs of
the breeding bird survey be given the highest priority within the
resources research activity.
{time} 1315
Mr. MILLER of California. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from California.
Mr. MILLER of California. Mr. Chairman, on the point that the
gentleman from Illinois was pursuing with you, I appreciate what the
gentleman is doing in terms of the migratory birds. But, again, I do
not understand why we are going to draw a barrier around one provision
where he will not be able to use volunteers.
We started to talk about it this morning in the debate on the rule.
But can the gentleman tell me, he says, Well, not for the science
functions. He wants everybody to be a Ph.D. But I do not understand.
Mr. REGULA. Mr. Chairman, I would say to the gentleman that this is
to try to address the property rights issue. As you know from service
on the authorizing committee, there is a divergence of opinion.
As I know the gentleman is the senior member of the minority on the
authorizing committee, he is going to be addressing this problem in
that committee and I would suggest that the volunteer issue should be
raised by the gentleman in developing authorizing legislation.
Mr. DINGELL. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to commend the author of this amendment, but I
think the gentleman could get greater commendation by doing rather
more.
I am curious, why is it that this amendment deals only with the
breeding bird situation at Fish and Wildlife and the Interior
Department as opposed to dealing more broadly with the entire program
for the use of volunteers by the Fish and Wildlife Service? Can the
gentleman inform me why this narrow limitation on this matter?
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. DINGELL. I yield to the gentleman from Ohio.
Mr. REGULA. In responding, to a certain extent, to the dissenting
views of the ranking member of the full committee, and he addressed the
breeding bird issue, the migratory breeding birds and, the fact that
the great bulk of the volunteer effort is expended on doing the surveys
on the migratory breeding birds. And the gentleman is a sportsman and
understands that very well.
Mr. DINGELL. Mr. Chairman, I support what the gentleman is doing, but
he still has not answered my question. The question really is why is
the gentleman just making the use of volunteers by Fish and Wildlife
Service available in the case of the migratory bird survey? Volunteers
are used by Fish and Wildlife Service for running refuges, for
conducting a whole series of surveys, for dealing with the salmon
problem in the Pacific Northwest, for addressing different problems
that exist within the Service in terms of serving as guides and
interpretive people at the refuges.
Indeed, in many refuges these are the only people, the volunteers are
the only people that are available to make the refuge system work. I am
unaware of any abuse that has been committed by the volunteers or any
abuse that exists with regard to this system. And If the gentleman can
inform me what that abuse is, or why is it that we are terminating the
use of the volunteers in the refuge system, and why the gentleman is
limiting this addition only to volunteers with regard to the breeding
surveys, he will help me enormously.
Mr. REGULA. If the gentleman will continue to yield, all the
activities you described are not affected in any way.
Mr. DINGELL. As a matter of fact, I think they are, because the
language of the bill, if the gentleman will permit, simply bans the use
of volunteers.
Mr. REGULA. For natural resource research only in USGS. That is the
only place it is affected. Fish and Wildlife is in no way affected in
the use of volunteers. The Park Service is not affected. The other
divisions of the USGS are not affected. And all I have done in the
proposed amendment is transfer additional money to the Fish and
Wildlife Service to do the functions you are talking about, and
specifically the breeding bird survey.
Mr. DINGELL. It may well be that that is so, but the hard fact of the
matter is that the Fish and Wildlife Service uses them for fish surveys
in the Pacific Northwest, something that is extremely important. The
salmon are
[[Page H 6952]]
now approaching the status of endangered species in the entire
northwestern part of the United States.
Without that particular use of volunteers for surveys on streams, and
things of that kind, to count breeding populations and things of that
kind and to identify reproduction, you are going to find a major threat
to the salmon resource in the entire Western part of the United States.
Now, why are we not including them?
Mr. REGULA. Mr. Chairman, if the gentleman will continue to yield,
the only limitation is on the natural resource function in USGS as far
as volunteers.
As far as the Fish and Wildlife Service, any science that they are
doing, any activities that they are doing, can be done by as many
volunteers as they choose. There is no limitation.
Mr. DINGELL. Mr. Chairman, reclaiming my time, I want to make it
very, very clear to my friend, and I applaud what he is doing, but I
want to make it very clear to my good friend that I did not favor the
idea that we would create a U.S. Biological Survey. I thought it was a
step backward. I thought it created great peril. I thought it set up a
target where we could do great hurt to the Fish and Wildlife Service
and to the conservation efforts of this United States by setting up
this kind of an entity. I opposed it on this floor and I think it is a
bad idea.
But that is not the problem we confront. There are a number of
scientific efforts that are conducted now by this entity. I intend to
try and get rid of it at the earliest possible moment. But during the
time that it is there, whether you like it or not, the hard fact is
this agency has to be able to perform the scientific research that has
to be done in order to get the information that is necessary for us to
properly manage our Fish and Wildlife resources.
I am not talking about going out and shutting down somebody who has a
controversy involving the Endangered Species Act or anything of that
sort. I was just saying to find out about the wildlife resources of the
United States, this kind of survey has to be done. This kind of survey,
under the unfortunate existence of the Biological Survey, is done by
the biological Survey. It is not only the breeding bird population
survey which is at stake here.
The CHAIRMAN. The time of the gentleman from Michigan [Mr. Dingell]
has expired.
(On request of Mr. OBEY and by unanimous consent, Mr. Dingell was
allowed to proceed for 5 additional minutes.)
Mr. DINGELL. Mr. Chairman, I want to make it clear, I am trying to
proceed in a friendly way. I have great respect for the gentleman, and
what he is doing is good, but not good enough.
I yield to my good friend.
Mr. REGULA. Mr. Chairman, I want to reemphasize that any science done
by the Fish and Wildlife Service is not affected one iota. This is only
the natural resource research, and it is only after October 1.
The NBS, the National Biological Survey that you do not like, and I
do not have any great affection for either, will be able to continue
their programs until September 30, and by that time we hope the Fish
and Wildlife Service can address their needs.
Mr. DINGELL. Mr. Chairman, reclaiming my time, but remember you have
runs of spring Chinook. They will be coming in during the time in which
this is forbidden. It is not Fish and Wildlife that conducts all of
those research efforts. And a lot of the people that do the work are
now shifted by a bookkeeping effort from Fish and Wildlife's budget
over to the Biological Survey. They are doing the same work that they
did when they were in the Fish and Wildlife Service, and they are doing
it in concert with people in the Fish and Wildlife Service, but they
are paid by the other agency.
So, whether this amendment carries or not, and it is a good
amendment. I intend to support it, but I would like to support it if it
were better. Whether it carries or not, still the question is going to
exist as to whether or not volunteers can participate in that survey.
But I want to reiterate for the benefit not of my friend, because I
know he understands what is going on. I understand the politics of this
situation. He has been caught in a political situation where some know-
nothing somewhere came to the conclusion that we had to do away with
the use of volunteers by the Fish and Wildlife Service or the Interior
Department.
I want to give my colleagues here some appreciation of the hard
facts. If my colleague were to offer a similar amendment with regard to
the Defense Department or the Veterans Administration and say that you
could not use volunteers in a hospital run by the VA or run by the
Department of Defense, people would say you are crazy.
We run the entirety of these hospitals in almost total dependence on
volunteers. The volunteers there do the work. The volunteers there
comfort the patients. The volunteers do actually research, and things
of that kind, which is extremely important to the existence of those
agencies and the services at the hospitals.
Now, a similar situation obtains with regard to the Fish and Wildlife
Service and the Interior Department. I still have not heard from my
dear friend why it is that we are prohibiting the use of volunteers in
this. If the Biological Survey is bad, I will be happy to join the
gentleman in offering legislation which will simply do away with it. I
think it was extremely unwise it was ever adopted. But I do not think
we ought to punish ongoing efforts which are extremely important in
terms of efforts which are done using scientific methods to manage our
living resources, not only in the West but in the East. Can the
gentleman tell me why this thing was done in the first place?
Mr. REGULA. If the gentleman would yield, as a veteran, if I go to a
veterans hospital, I do not want any of the medical procedures carried
on by the volunteers. What we are trying to go on here is the science.
Mr. DINGELL. There are volunteers in the VA hospital and you are
going to find out how well you are going to do there, but the gentleman
still has not answered the question. And having dealt with the
gentleman over the years, I know how adept and adroit my good friend
is, but I want to make it clear that he has not answered the question
as to what blockhead it was that did this on this particular
legislation.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. DINGELL. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, let me say that I share the concern of the
gentleman in the well about the creation of the National Biological
Service in the first place. I think it was a tactical mistake. I do not
think it should have been done and I would join him in the actions that
he described.
Mr. DINGELL. Absolutely.
Mr. OBEY. But I want to ask the gentleman from Ohio to reconsider
what I think is really a mistake in attitude about how different
functions of this Government can be carried out. You said during the
debate on the rule that you would be happy to provide support for all
of the volunteers that we wanted, if they were Ph.D. biologists.
I would just make this observation. At the National Institutes of
Health, if we insisted that only Ph.D. scientists could review routine
data and perform routine tasks in compiling observations, we would
raise the cost of medical research in this country tenfold.
You do not need Ph.D. scientists to perform a lot of the functions at
NIH or with respect to some of the surveys that the gentleman in the
well is talking about and, with all due respect, to those who can make
somewhat flippant remarks about the knowledge level of these
volunteers, I suggest that their usage is perfectly appropriate in most
of the instances that the gentleman in the well is talking about.
And if you want to set up a standard that you have got to have a
Ph.D. every time you deal with either a medical problem or an
environmental problem, you are going to raise the cost of these
programs by 10 to 15 times their present cost.
Mr. DINGELL. Mr. Chairman, reclaiming my time, this is particularly
true in view of the fact that the Republican Party is also talking
about the need to have volunteerism. Here we have a piece of
legislation which simply bans volunteerism in a very important area.
Mrs. MEEK of Florida. Mr. Chairman, I move to strike the requisite
number of words.
[[Page H 6953]]
Mr. Chairman, I support the Gilchrest-Dingell NBS [National
Biological Service] volunteers amendments. During a time when budgets
are being cut and agencies are being asked to do more with less, it
makes little sense to prohibit the use of properly trained volunteers
working under the supervision of professionals.
Volunteers have provided a wide variety of services, from common
labor to highly specialized areas of expertise. The last year for which
national statistics were gathered--6,080 volunteers added at least 240
FTE's to the National Biological Service's work force. That, Mr.
Speaker, was an increase to the paid staff of almost 13 percent. The
Department of the Interior's 30-year-old breeding bird survey would
have been impossible had they not used volunteers.
Mr. Chairman, I urge my colleague not to set up artificial roadblocks
to impede the Department of the Interior from gathering information
that allows us to understand the health of our living resources.
Support the Gilchrest-Dingell amendments.
{time} 1330
Mr. POMBO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. POMBO. I yield to the gentleman from Ohio.
Mr. REGULA. Just to respond to the gentleman from Wisconsin, I would
point out that there are over 200,000, probably 300,000, volunteers
that serve all the agencies, and this amendment, nor does this language
in the bill in any way affect them, and all I said is that if you are
doing scientific work, it should be done by professionals as much as
possible, and that is what we are attempting to do. If it is a high
degree of science and the volunteer limitation is in the area of USGS
that is devoted to natural resource research to developing ideas, then
I think the researcher needs to have skills in order to make sure that
is valid and quality science, and I know the gentleman from Michigan
would agree with that.
Mr. DINGELL. Mr. Chairman, will the gentleman yield?
Mr. POMBO. I yield to the gentleman from Michigan.
Mr. DINGELL. Mr. Chairman, if that is so, why is this amendment
necessary? This amendment is necessary to cure the mischief that is
included in the appropriations bill which prohibits the use of these
kinds of volunteers for this kind of work.
Mr. REGULA. If the gentleman will yield further, this amendment is
necessary to enable Fish and Wildlife to have adequate funds in
addition to their regular duties, to do the breeding bird survey, which
the gentleman very much wants to happen.
Mr. DINGELL. I applaud what the gentleman is doing, but he still has
not addressed the problem.
Mr. POMBO. Mr. Chairman, I would just like to comment that the reason
that we wanted to ban volunteers in the scientific part of this bill
was we feel that we need to depend upon better science than what is
being used right now, and that if you have volunteers out gathering
scientific data, that data can come back reflecting the agenda of the
volunteers. If we are going to, as policymakers, make decisions based
on science, we need to have it based on good science.
If you have a bunch of volunteers running all over the country
supposedly collecting scientific data, I believe that the data can come
back skewed one way or the other, which does not benefit us.
What the gentleman from Ohio [Mr. Regula] is trying to do with this
amendment is to cure one part of the bill that was overlooked when they
drafted it. I believe it is a correct amendment. I support that
amendment.
But I will also support the ban on volunteers in gathering scientific
data that we are supposed to base our decisions on.
Mr. MILLER of California. Mr. Chairman, I move to strike the
requisite number of words.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. I hate to belabor the point, ladies and
gentlemen, but the gentleman from Ohio has simply not answered the
question the gentleman from Michigan [Mr. Dingell] and others have
asked, and that is: Why do you have a ban on volunteers?
And we are told that we have a ban on volunteers by the gentleman
from Ohio and the gentleman from California only because we want good
science. Well, if a PhD, if a Nobel Prize winner wants to volunteer,
they cannot volunteer, because this says, ``No volunteers in the
USGS'', so a Nobel Laureate cannot go out on the weekends and take
water samples, take a little test tube, put it into the river and
collect it and give it to a government scientist, because it says, ``No
volunteers.'' It does not say, ``Volunteers except for Einstein.'' It
says, ``No volunteers.''
So you have not answered the question.
It is not a property issue, because we just accepted the amendment
offered by the gentleman from Arizona [Mr. Kolbe] that says you can go
onto private property if you are, in fact, invited by the owner of that
property, as we have seen with a number of timber companies that want
this service provided so they can design their cuts to maximize the
efficiency of their operations and environmental protection. So you are
stuck here with something that does not quite smell right.
Now what else have you done? You really denigrate hundreds of
thousands of people in this country. Some are bird watchers, some are
reptilian fanciers, some are people who are interested in habitat, some
are interested in this as a hobby, and they are very skilled people.
They work in Yosemite National Park, they work in the Sequoias. They
are collecting data. Yes; I say to the gentleman from Ohio [Mr. Regula]
they are interrupted because every study that Fish and Wildlife does
now will have to be redesigned and refunded because it is relying on
volunteer programs designed by the National Biological Survey, which
has now been put into the U.S. Geological Survey. You cut that budget
by $49 million. You start to see the picture? You cut the budget. We
need more volunteers. You prohibit the volunteers, and the other
agencies that are relying on these volunteers now will not be able to
use them because they come out of USGS.
Why do you not give back the American people the right to volunteer
on behalf of their Government? And why do you not give back to the
Government the right to supervise those people? Because we have not had
these complaints. We have not had the complaints in California where
they are working in the Rosewood National Park to document changes in
channel stability so we know what the farmers can do upstream in that
area. They are working in Sequoia National Park, and they have over 480
hours, for a total of 1,920 hours they have given collecting data, not
rocket scientists, collecting data under the direction of people there.
Over the last 15 years, 75 volunteers have contributed to the efforts
of the Santa Cruz field station to help the 5 employees who are there.
We see it in the National Park Service and the National Marine
Fisheries, studies that are used that rely on these same people and
these volunteers.
They are doing it in Maine at Acadia National Park, monitoring bald
eagle reproduction which contributed to the downlisting to removing
this bird from the endangered species; the Southern Science Center has
over 30 volunteers. These volunteers help in laboratories and
greenhouses and help with the coastal mapping activities.
These are American citizens who are out there helping their
Government, helping the private sector, and what you are telling them
is, ``No,'' you are telling them ``No.''
You have them in Massachusetts at Turner Falls, at the global change
lab in Hadley and the Cape Cod National Seashore field station; you
have the great American fish count, where every year during 2 weeks in
July thousands of people go in to count the fish. So, again, we can
start to map what catches will be available or not be available. You
have them in Alaska, where they help out in counting the Canadian
geese. It goes on and on and on.
[[Page H 6954]]
The point is this: The point is that many of these are very talented
graduate students from our finest universities, and they volunteer.
Now, mind you, some only have masters degrees, a hell of a lot more
educated than many Members of this Congress in a specific field, and
they are volunteering. Some of them are some of the most noted people
in their fields as private citizens, but they go out during certain
periods of the year to help us find out more and more about species and
about habitat, to help the Government make intelligent decisions, and
we are going to cut these people off. We are going to cut these people
off even though we have the protection that they cannot go on private
land without being invited and even though they are following the
direction of government employees or contractors or what have you.
We have them in the State heritage programs, very important programs
to most States. They are helping the States design these programs. We
cannot use them, because they are now in the USGS. Why can we not use
them? Because we said that we did not want to use them because they are
scientists; they are scientists in many instances. You ought to get
yourself out of this situation. You ought to get yourself out of this
situation. You ought to go back to what President Bush talked about,
the 10,000 points of light. We have got to go with what every President
of the United States has talked about, encouraging voluntarism.
The CHAIRMAN. The time of the gentleman from California [Mr. Miller]
has expired.
(By unanimous consent, Mr. Miller of California was allowed to
proceed for 4 additional minutes.)
Mr. MILLER of California. Mr. Chairman, we have got to understand the
kind of time that these people are giving the Government, and now
apparently if they are not associated with the USGS, they will still be
allowed to do that.They could do it for NASA, they could do it in the
fields of education, they could do it at NIH, they can do it everywhere
else in the Government, but we are not going to let them wade into our
streams and put a beaker down and pick up some water and take it to the
laboratory. We are not going to let them pick a little bit of flowers
or identify a bird even though they may be the best people in the
Nation identifying the bird.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. MILLER of California. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, the gentleman, as a member of the
authorizing committee, knows full well that USGS will now have four
branches, including the one on natural resource research. There is no
limitation in the other three divisions, geologic, water, you mentioned
water, there is no restriction, and mapping.
Mr. MILLER of California. There is a restriction.
Here are all the grants; here are all the programs ongoing for 5
years, 3 years. They have to be rewritten now because you prohibit the
thousands of Americans who are helping their Government because these
programs are off limits. Now these programs are off limits.
You say you want the authorizing committee, fine, let us design it.
You put a ban on it, so for the next fiscal year they cannot do this.
Mr. REGULA. If the gentleman will yield further, if you read the
language carefully, it says in the natural resource research arm of
USGS. That is just 1 out of 4.
Mr. MILLER of California. That is the people running this program.
Mr. Chairman, reclaiming my time, I appreciate what you are saying.
You have taken the National Biological Survey, you have put it into the
science function of USGS.
Mr. REGULA. We abolished it and created this function.
Mr. MILLER of California. In the transfer, somebody lost $50 million,
and in the transfer they lost the right to all the volunteers, and in
the transfer they lost the right of these thousands of citizens to
participate with Fish and Wildlife or any other agency who are relying
on these; yes, they were relying on the Biological Survey. The programs
have now been abolished and transferred.
Mr. POMBO. Mr. Chairman, will the gentleman yield?
Mr. MILLER of California. I yield to the gentleman from California.
Mr. POMBO. When we started getting into this whole argument about
what we did with NSB, the National Biological Survey, in maintaining
the science function, I was told as we passed on the House floor last
year, there was a ban on volunteers, that the National Biological
Survey was not using volunteers in accordance with the ban that was
passed on the House floor.
Mr. MILLER of California. You are getting bad information. Here is
program after program in our State and other States.
Mr. POMBO. If the director of the National Biological Survey is
giving me bad information, I apologize.
Mr. MILLER of California. They are in fact using the volunteers. Here
it is. You still have not told me why you would ban this group of
Americans from participating with the Government like hundreds of
thousands of other Americans getting to participate on a voluntary
basis.
The gentleman from Ohio [Mr. Regula] says if he goes into the
hospital, he does not want a volunteer doing the work.
Mr. REGULA. Specific work.
Mr. MILLER of California. When the doctor gets to taking your urine
sample, who is going to carry it down the hall? Do you want to pay the
surgeon's rates, or would you like to have somebody else help out the
surgeon?
Mr. POMBO. If the gentleman would yield, the reason that we are
banning them on science is that you are fully aware of the fact that
there is very little effort on the part of private property owners in
this country to participate with volunteers. We feel that the best way
to collect scientific data is using professionals, and we feel it is
extremely important that we use the best science possible.
Mr. MILLER of California. Reclaiming my time, the point is this: As
already stated, you can have people who have their Ph.D.'s, who have a
Nobel Prize, and they cannot volunteer in the science part of USGS
under this bill. There are no exceptions.
Now, even though they cannot get onto the land that you are concerned
about, and we are all concerned about, without the owners' invitation,
and I suspect he would ask are you going to have 50 grade school
children running around my land, or are you going to have some serious
scientists conducting this study, then he would decide whether or not
he or she would extend that invitation. You have all those built-in
safeguards. Somehow we are not going to let highly qualified, talented
people who happen to want to volunteer in one little piece of the
Federal Government, and I still have not heard the reason why.
I think we ought to strike this provision.
Amendment offered by Mr. Gilchrest as a substitute for the amendment
offered by Mr. Regula
Mr. GILCHREST. Mr. Chairman, I offer an amendment as a substitute for
the amendment.
The Clerk read as follows:
Amendment offered by Mr. Gilchrest as a substitute for the
amendment offered by Mr. Regula: Page 19, line 17, insert
after ``program'' the following: ``when it is made known to
the Federal official having authority to obligate or expend
such funds that the volunteers are not properly trained or
that information gathered by the volunteers is not carefully
verified''.
Mr. GILCHREST. Mr. Chairman, I would like to say something quickly
about volunteers. My own son right now is an unpaid volunteer to record
information for the Museum of Natural History. I was a volunteer for
the Forest Service in a wilderness cabin, designated wilderness area,
because the Forest Service could not afford to put somebody in that
particular cabin.
We are working with the USGS; that is a little bit different, but the
concept is the same.
Mr. Chairman, this amendment is fairly straightforward. It would
allow the U.S. Geological Survey to use volunteers for research,
provided those volunteers are appropriately trained and supervised and
that their data is verified. It reflects almost exactly the language
adopted in the subcommittee.
Mr. YATES. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from Illinois.
[[Page H 6955]]
Mr. YATES. I accept the gentleman's amendment. I think it is a good
amendment.
Mr. GILCHREST. I thank the gentleman.
I would like to make just a couple more points, if I may.
Last year we all learned many Members had concerns about the National
Biological Survey. There was a perception that it was a band of
environmental activists who would seek to find endangered species on
private property, and I would be willing to say, in some instances,
that probably happened. It was feared that volunteers had more agenda
than training and that their data would be inaccurate. I believe, at
best, these concerns very often are overstated.
Let me talk about what this amendment does not do.
{time} 1345
It does not allow anyone to collect any resource data on private
property. The explicit language of the bill prohibits research on
private property. It does not allow untrained environmental activists
to sign up to count species. All volunteers must have adequate
training. For those who are concerned that volunteers will manufacture
data, the amendment requires supervision of the volunteers and a
verification of this data.
This amendment is not about property rights. Again let me emphasize
that the language of the bill prohibits data collection on private
property. Researchers could only collect data on public property.
This amendment is not about the Endangered Species Act. The purpose
of this research is to take inventory of natural resources. If this
study were to overlap the Endangered Species Act, it would most likely
be because new counts of certain species would result in their being
upgraded or delisted, which would help all of us. This is not an effort
to find out which species are endangered; it is an effort to find out
what species we have.
Day after day on the House floor we hear people talking about good
science. The distinguished chairman of the Committee on Science just
yesterday, the gentleman from Pennsylvania [Mr. Walker], made an
excellent speech about the value of research, and volunteers are
critical for this effort. We simply do not have enough money to pay all
the people necessary to collect this data. If this amendment is not
adopted, then a retired professional with a degree in ornithology, or
something of this nature, would not be allowed to help collect
scientific data even though he was perfectly trained to do so.
Mr. Chairman, who benefits from this substitute amendment? How can
someone argue that we are better off not knowing what plants or animals
are out there? Does anyone believe, does anyone believe, that ignorance
is our friend and knowledge is our enemy? I do not think so. People
want to give us verified information for free. I cannot understand why
we would not want that, and we are prohibiting the Federal Government
from accepting it. In fact, we will only accept it if we are allowed to
pay for it. I do not think that is being very wise.
Mr. Chairman, let me close by emphasizing that this amendment is not
about property rights. We already have that. This amendment is not
about endangered species; that fight is yet to come. It is simply about
allowing the Government to accept free research, and I would ask my
colleagues to accept this substitute amendment.
Mr. YATES. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from Illinois.
Mr. YATES. Mr. Chairman, the gentleman's explanation has confirmed
the opinion that I expressed in the first place. I think it is a very
good amendment, and, as far as our side is concerned, we are willing to
accept it. I would urge my chairman to accept it as well.
Mr. GILCHREST. Mr. Chairman, I would like to make one other comment
about volunteers and use the State of Alaska for an example.
For 10 years over 20 Yupik Eskimo student volunteers have donated
over hundreds of hours assisting the Alaska Science Center band
cackling Canada geese in western Alaska. They calculated the annual and
seasonal mortality of the population by resighting the neck-collared
geese in Oregon and California, their wintering habitat.
Without this data collection there would be basically no hunting
season. This type of data collection by volunteers who are trained,
whose information is verified, will save the U.S. government millions
of dollars and, I am sure, do what both sides of this issue wanted to
do. That is try and get information.
The CHAIRMAN. The time of the gentleman from Maryland [Mr. Gilchrest]
has expired.
(On request of Mr. Pombo and by unanimous consent, Mr. Gilchrest was
allowed to proceed for 1 additional minute.)
Mr. POMBO. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from California.
Mr. POMBO. Mr. Chairman, I say to the gentleman, ``You in your
amendment say that the volunteers are not properly trained or that
information gathered by the volunteers is not carefully verified. I
would like to ask the maker of this amendment who will be determining
whether or not the volunteers are properly trained or that the
information is carefully verified.''
Mr. GILCHREST. The Federal officials will verify the research and
have the funding for that particular program which ultimately is the
Secretary of the Interior.
Mr. POMBO. So the gentleman's definition of this is that the Federal
officials themselves would be determining that.
Mr. GILCHREST. Yes.
Mr. REGULA. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I reluctantly rise in opposition. I am a big fan of
volunteers. As we have hearings, I ask each of the agencies, ``How many
volunteers do you use?`` I am a volunteer myself. I just worked on a
home for Habitat last Saturday, and I am not a skilled carpenter, to
say the least. But I want to point out to the gentleman from Maryland
[Mr. Gilchrest] that this would in no way inhibit his son from working
with the Forest Service. It in no way inhibits the volunteers in
Alaska. It is a very restrictive area that we do not allow the use of
volunteers.
In addition I would say to the gentleman he is a member of the
Committee on Natural Resources. The language in this bill that
establishes the Natural Resources section of USGS says clearly that, as
soon as an authorizing committee produces legislation, that will
override, and I would urge the gentleman, as the authorizing committee
works on developing legislation in this field, to bring to that, the
members of his committee, his ideas on volunteerism, and perhaps it can
be very narrowly restricted to ensure to the owners of private property
that they will not have the
problems that they have suffered to some extent in the past.
In addition let me point out again that this in no way, no way
whatsoever, affects volunteers in the Forest Service, the Park Service,
the Bureau of Land Management, the U.S. Fish and Wildlife Service, the
USGS, except for the very narrow activities in the area of natural
resource research.
I think it is great. Volunteerism is very much a part of the American
way, and it's just, that in this instance, we are trying to narrow the
way in which this program is used.
This is not NBS. This bill will eliminate NBS. Until September 30
they would continue to use volunteers as they choose, and, hopefully
before that, the gentleman's committee will have a bill and will
reflect some of the gentleman's ideas on volunteerism.
Mr. GILCHRIST. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Maryland.
Mr. GILCHRIST. Mr. Chairman, I thank the gentleman for his suggestion
about correcting some of the problems so that we can make better use of
volunteers, reduce the costs of collecting data to enhance the quality
of data we collect, and I certainly will pursue that agenda. But I
think we could correct the problem right now if we adopt the substitute
amendment.
I also want to make two other quick points, if the gentleman will
continue to yield. The bill says the following if there are any
concerns about private property rights on page 19, starting on line 12:
[[Page H 6956]]
Provided further, That none of the funds available under
this head for resource research shall be used to conduct new
surveys on private property.
So the key has locked the door and slammed it shut to protect private
property rights.
What we are looking for, Mr. Chairman, and I understand and I
appreciate the fact that National Biologic Survey has been wiped out,
but sent over to the U.S. Geological Survey, which is a reputable,
scientific organization, but in that area of USGS where they will be
collecting data for species around this country so that we can have
some sense of the
health of the biological diversity of this country, the importance of
biological diversity of this country, the potential value of biological
diversity in this country, will be hampered and hindered unless we give
that particular agency the tools to collect that data, and I think we
have strapped USGS by limiting the use of trained volunteers when the
information that they bring back to them will be verified.
Mr. REGULA. Reclaiming my time, two points. One is that the gentleman
will have an opportunity in the authorizing committee to bring to that
committee his ideas. We would hope there would be a permanent bill
prior to October 1 and, therefore, this language will not go into
effect.
Second, we just accepted an amendment on both sides of the aisle that
says that, if it is requested and authorized in writing by the property
owner, that they can under this natural resource research division in
USGS go on private property lands. So it is not just restricted. I say
to the gentleman, ``You see that changes the dynamics.''
Mr. GILCHREST. Mr. Chairman, will the gentleman yield.
Mr. REGULA. I yield to the gentleman from Maryland.
Mr. GILCHREST. There have been some significant changes that I think
have gone in the right direction. The Breeding Bird Survey I think
takes up about half of the volunteers in this country. To allow a
willing property owner to have species studied on his property, that is
another move in the right direction, I think, for fiscal reasons.
Mr. DINGELL. Mr. Chairman, I rise in support of the amendment offered
by the gentleman from Maryland [Mr. Gilchrest].
Mr. Chairman, again with great respect and great affection for my
good friend, the chairman of the subcommittee, I would like to support
this amendment very strongly which is offered on behalf of the
gentleman from Florida [Mr. Goss] and by our good friend, the gentleman
from Maryland [Mr. Gilchrest]. It is a good amendment.
As my colleagues know, I cannot understand what it is that the
Committee on Appropriations has against using volunteers to collect
scientific data and information. If that is their concern, they should
say so. I have asked on a number of occasions why is the language at
lines 12 through 17 in the bill? There is no answer. What abuse is this
language directed at? Has there been some impropriety by Fish and
Wildlife or by the Biological Survey which has been committed which
would trigger this kind of response? The answer is nobody knows, but
all of a sudden this language shows up, and it says:
You can't use volunteers at the Biological Survey to
collect data and information which would be of value in
understanding what is going on with regard to our fish and
wildlife resources in this country.
Now this language is not something which is thought lightly of in the
conservation community. The Audubon Society, the Trails Unlimited,
National Wildlife Federation, and the International Association of Fish
and Wildlife agencies all are opposed to the language, and all support
the amendment because they recognize that we need to have information
to manage wildlife resources. Without it we cannot do an intelligent
job of managing those precious resources.
We are not talking about endangered species. We are not talking about
regulatory actions. All we are talking about is the collection of
information and data of scientific information and of utilizing
volunteers to assist the taxpayers and the Government in carrying out
the mission of this Government. Why that should cause distress, pain,
suffering, and heartburn on the part of my friends on the Committee on
Appropriations I do not know.
Mr. Chairman, I have inquired to find out what it is that distresses
so many of my friends on the Committee on Appropriations about that
situation. They cannot say.
The hard fact of the matter is that volunteers are used throughout
the entirety of government and they serve well and honorably. They
provide informational services. They serve as associates in the
administration of public lands. They serve as volunteers at hospitals
to assist the sick and the ill in government-run hospitals. They serve
at the National Institutes of Health, the National Science Foundation.
We have a large internship program here, and yet we say no Fish and
Wildlife, Biological Survey, Interior Department can use volunteers.
Why? Nobody knows, but it causes great distress to the Committee on
Appropriations so they put in this language.
Now the International Association of Fish and Wildlife Agencies, all
of my colleagues' home-State Fish and Wildlife administrators, their
game and fish commissions in their own States, say that is a bad thing,
that that language should be removed, that we should use volunteers. My
dear friend from Ohio, for whom I have the most enormous respect,
cannot tell us why this language is here. Obviously he is under some
sort of pressure, and I respect him for having responded to it with
such grace and dignity, and I must say that there is no man who could
have done a better job in handling a bad hand in a poker game, but the
hard fact of the matter is this language is bad, it is unwise, it is
unnecessary. The chairman of the subcommittee cannot explain why it is
here.
So, we ought to adopt this amendment. What we really ought to do is
to strike the entirety of the language from line 12 down through line
17. Then we would have a program which would continue to make the
public be able to participate in their government, to enable us to
derive enormous advantage from the service of ordinary citizens to save
money on behalf of the taxpayers, to gather needed information in a
timely fashion so that we can protect the precious and treasured Fish
and Wildlife resources in the United States.
{time} 1400
Why we are trying to deny ourselves that, I cannot explain. My good
friend from Ohio, the chairman of the subcommittee, cannot explain why.
I have asked him on several occasions. He suffered mightily over the
question, but he cannot answer it.
So my urging to my colleagues is, join the responsible people in the
conservation community. Join your own home State fish and game
administrator. Support the amendment offered by the gentleman from
Maryland [Mr. Gilchrest], and then let us try and lay to rest this
cockamamie idea that we should not use volunteers in this country
because some oddball somewhere gets the idea that we really should not.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. DINGELL. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, there is nothing here that says we cannot
use volunteers in America. It is a very narrowly constricted area. We
permit hundreds of thousands of volunteers, and your friends at Fish
and Wildlife can continue to volunteer. I am trying to let them do the
breeding bird survey, if you let me get to the amendment.
Mr. BOEHLERT. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the Gilchrest amendment. I
am a little bit baffled by the language this bill is amending. Why is
the Committee on Appropriations so fearful of volunteers? I always
thought the Republican Party was the champion of volunteerism. That is
what Ronald Reagan said, volunteers were to take over what had been
government responsibilities. That is what George Bush said, volunteers
were 1,000 points of light.
But here we have a program that uses thousands of volunteers to help
carry out what would otherwise be a very expensive government function,
and we want to turn them away unceremoniously.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
[[Page H 6957]]
Mr. BOEHLERT. I yield to the gentleman from Ohio.
Mr. REGULA. This is a new program. It cannot have used thousands of
volunteers, because it has not been in existence.
Mr. BOEHLERT. Mr. Chairman, reclaiming my time, for such a reversal
of our party's course, quite frankly, one must assume that these
volunteers were some sort of dangerous cabal or cadre. But who are most
of these volunteers? Bird watchers? Not a bunch who are thought to be a
very dangerous group.
Well, I for one am willing to take the risk and let the bird watchers
and the fish counters and other volunteers go about their business. I
am willing to trust that they will be well-trained and well-supervised,
as they have been, and as the Gilchrest amendment requires, and they
will provide information to help policy makers make informed decisions.
I have said it many times on this floor and I will repeat it: The
American people want us to do more with less, not to do more knowing
less. I urge my colleagues to support this well-reasoned, very
carefully crafted amendment, and to endorse our traditional source and
encouragement for volunteers.
Mr. GILCHREST. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Maryland.
Mr. GILCHREST. Mr. Chairman, I want to make a comment about
volunteers that would come under the jurisdiction of USGS as far as
collecting data on species. In Maine and Maryland, recently volunteers
are the ones who collected the data that was used by the National
Biological Survey that would now be incorporated into the USGS to
delist bald eagles. It was the important use of those volunteers that
went out into the field, very well-trained, the information was
verified, and in the State of Maine now and the State of Maryland, the
bald eagle is now delisted from endangered to threatened. That was the
value of volunteers. It could not have been done without those
valuable, trained volunteers.
Mr. BOEHLERT. Mr. Chairman, volunteers all across America, in so many
aspects of our daily life, do wonderful service for the American
people. We here in the people's House should be encouraging them.
Mr. STUDDS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of the amendment offered by the
gentleman from Maryland [Mr. Gilchrest].
Mr. Chairman, with all due respect to myself and all of my colleagues
who have participated in this debate, not only today, but its
predecessor a couple of years ago when we first authorized in this
House the National Biological Survey, this has to be one of the
silliest debates I have ever had the privilege to be participating in.
I invite Members to concentrate on what it is we have been talking
about. There have been three propositions before us in the course of
the day: The first is the one that is in the bill, and it is based on
the premise apparently there is something inherently pernicious about
volunteers, because it prohibits them outright from the research of the
U.S. Geological Survey. No volunteers. No one has yet told us what is
particularly pernicious and dangerous about volunteers, but it
prohibits them.
The second proposition before us is offered by the distinguished
chairman, the gentleman from Ohio. The
essence of the gentleman's amendment is, well, on the other hand,
maybe you can have them. They are OK for the migratory bird survey, but
not for anything else. But that raises the obvious question, if they
are not pernicious for the migratory bird survey, why are they so
dangerous for the rest of he Geological Survey?
Now, believe it or not, the third proposition before us, offered by
the gentleman from Maryland [Mr. Gilchrest], is, if I may roughly
translate it, volunteers are OK, as long as they are competent.
What is truly staggering is that is being opposed here on this floor
passionately by Members who think this is a major issue. We must not
allow competent volunteers to participate in the Geological Survey.
A citizen, in the unlikely event that one is still listening, might
ask himself or herself, what are they doing? Have they lost it
altogether? We are actually opposing the proposition that competent
volunteers ought to be allowed to help us. For God's sake, we are
proposing to extinguish the Points of Light that Republican Presidents
used to talk endlessly about.
Not only that, but, shockingly, the gentleman from Ohio [Mr. Regula]
has revealed that in our very midst there are volunteers, on this floor
as we speak. My God, there are volunteers. The gentleman from Ohio has
pled guilty, the gentleman from Maryland has pled guilty, and I have a
revelation to make. I hope Members will not be shocked, because I know
there are Members here who are offended, frightened, and somehow
outraged by the very thought of volunteers. We do not usually do this,
but the distinguished gentlewoman staff member of this committee, Karen
Stoyer, was a volunteer. I hate to tell you she is not a Ph.D. She was
counting whales at a research center on Cape Cod. She concluded, and I
think most Members might agree, that you do not need a Ph.D. They are
very big. They are not hard to count. That is part of the work that is
being done here.
I submit that the propositions before us are apparently absurd. We
have more important work to do. Let us adopt the extraordinary
contention of the gentleman from Maryland that competent volunteers are
OK, and get along with our business.
Mrs. CUBIN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise to speak adamantly against the proposal, the
amendment that is on the floor. First of all, I want to make it very
clear that none of us oppose the use of volunteers, and I think those
who have any honesty on the other side really do know that. But we are
opposed to using volunteers when the work product that is produced is
not adequate and is not accurate.
It has been asked several times, well, just exactly what is the
problem? Well, I am here to tell you what the problem is. I am from the
West, and I notice that people who have spoken in favor of this
amendment are from Maine and Maryland and Massachusetts and Michigan
and New York. And what they do not understand about places like Wyoming
and Nevada and Utah is the ownership configuration of the land. It is a
checkerboard configuration. Forty acres is about 2.2 square miles. So
every other 2.2 square miles is privately owned, and then publicly
owned, privately owned, and then publicly owned. So when volunteers go
out, they, unknowingly, possibly, go on to private land and violate
private property rights. That is a problem, because this boils down to
private property rights.
Many, many times, in their zeal to protect and preserve the resource,
they show little respect for private property rights. They also, again,
with all the best intentions, sometimes have a subjective bias to the
resource that they are counting. That is why they are there, because
that is their interest. So they have a subjective bias, and most have
their own environmental bias, which tends to totally disregard private
property rights.
Mr. PACKARD. Mr. Chairman, will the gentlewoman yield?
Mrs. CUBIN. I yield to the gentleman from California.
Mr. PACKARD. Mr. Chairman, there is no question that if you wanted to
do surveys on promoting unionism, labor unionism, the volunteers you
would get would be labor. They would not come from the management side.
If you wanted to get volunteerism to promote abortion rights, you would
not get volunteers from the other side of the issue.
On this issue, the volunteers have a specific agenda, as the
gentlewoman has mentioned, and that is natural that you will get
volunteers from that side. And when the agenda requires research, and
the only research you are going to get and the numbers you are going to
get are from the side that promotes the environmental side, that is
wrong, and that is the whole reason that you have to do this. Even
Ph.D's that have an agenda are not going to solve the problem. If you
could get a
[[Page H 6958]]
balance of those that would do the research and the counts and the
numbers, that would be a different story, but that is not what is
happening.
I could give you horror story after horror story on my own properties
as well as property owners within my district that simply say you have
got to do away with the people that impose upon your property rights.
Mrs. CUBIN. Mr. Chairman, reclaiming my time, I want to explain one
more thing. My district, my State, is 98,000 square miles. As I said,
much of it is owned in this checkerboard fashion. So it makes it very
difficult to have volunteers go out and have control over them.
If you are going to cover 98,000 square miles with volunteers that
are closely supervised, why not just have the supervisors count the
flora and fauna on the public lands and leave the private land alone.
Mr. GILCHREST. Mr. Chairman, will the gentleman yield?
Mrs. CUBIN. I yield to the gentleman from Maryland.
Mr. GILCHREST. Mr. Chairman, we want to ensure that no one is going
to go on private land. We realize, and I have lived in the West, the
difficulty sometimes of knowing what is private land and what is public
land. That is why we wanted these volunteers to be very well trained
and supervised, so they do not violate anybody's private property.
Mrs. CUBIN. Mr. Chairman, reclaiming my time, many of these places
have not been surveyed. Many of these sections have not been surveyed.
So it requires a professional to know what is private land and what is
public land.
Again, there are thousands and thousands and thousands of square
miles that are owned in this way without markers, without corner posts,
so that people will know where the land is. That is why I am saying
that is is necessary that professionals do the counting in the West,
and that is the reason for the chairman's amendment, and I think the
chairman's amendment is good, and I hope you will defeat the amendment
on the floor.
Mr. YATES. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I just would like to ask the chairman if he could
propound a unanimous consent request regarding debate time on this
amendment.
Mr. REGULA. Mr. Chairman, if the gentleman will yield, we have been
thinking about getting a unanimous consent agreement. Does the
gentleman's side want to limit debate to another additional 20 minutes?
Mr. YATES. We would be willing to vote as soon as the gentlewoman
from Colorado is through.
Mr. REGULA. If the gentleman will yield, we have a couple more
speakers.
Mr. Chairman, I ask unanimous consent that all time for debate on
this amendment be limited to 2:30 p.m.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
Mr. MILLER of California. Mr. Chairman, I object.
The CHAIRMAN. Objection is heard.
Mrs. SCHROEDER. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I stand as a westerner to engage myself in this debate.
Mr. Chairman, there seemed to be a protest from the other side that
there was nobody talking from the West. Colorado is from the West. I
was born in the West, Oregon, and I have letters here from my very own
district saying that they really do believe that volunteers are very
essential. I have a letter here from a women in my district talking
about how important these surveys are and that as an Audubon volunteer
she is willing to go out and do all of this.
You just heard about private property, private property, private
property. Guess what; you cannot go on private property as a volunteer
without permission of the owner. So that is kind of a bogeyman that
someone is throwing out there.
The other thing you hear about volunteers are biased, what do you
mean? How can you be biased in favor of birds, or biased in favor of
migratory birds? I do not understand what all this bias, bias means.
I assume that these are good citizens who are wanting to go out and
take a look at what the wildlife is looking like, and they are trying
to monitor it. There is never enough money to get that kind of
information, I cannot understand what they are talking about, whether
they are going to be biased or not.
Mr. OBEY. Mr. Chairman, will the gentlewoman yield?
Mrs. SCHROEDER. I yield to the gentleman from Wisconsin.
{time} 1415
Mr. OBEY. Mr. Chairman, I just heard the gentleman from California
somehow talk about unionization in this effort. Is the gentlewoman
aware of any effort that she knows of to unionize birds?
Mrs. SCHROEDER. Mr. Chairman, I do not think the birds have a union.
I have been listening to this debate thinking it is not worth getting
into because it does not make any sense. My understanding is all this
debate is about is an amendment to allow volunteers to be used to
monitor migratory birds and then there is an amendment to the amendment
saying they have to be competent volunteers. I think that is what it is
about.
All of this is modified by the fact that you cannot go on private
property without the owner's permission and now we are hearing that
some of them might be biased or birds may be getting a union. People
are wondering what is going on with us. They are going to want
volunteers to be in here carrying on this debate.
I have a letter from a woman in Colorado. Her name is Pauline Ritz.
She is with the Denver Audubon society. She points out that she is
considered
perfectly competent to volunteer in her children's schools, as many of
us do.
She was considered perfectly competent to volunteer at the Denver
Arsenal, when we were busy trying to make it into a wildlife refuge,
even though that arsenal had some of the most polluted land in the
world. People were able to figure out how to utilize volunteers very
well to move that forward and create something very exciting. And she
goes on to point out many other things.
So I think this is a wonderful use of resources. America is about
volunteerism.
You could go all the way back to the 1700's, Europeans visiting here
could never believe the passionate volunteerism that we had trying to
make this country great.
Now, migratory birds and all of these issues are terribly important,
I think, for future generations, and nobody wants to go out and hire
Federal employees to sit around and count them, because we do not have
that kind of money. We are cutting off some essential services.
If I am missing something, let me know what it is. This just seems so
simple that I understand frustration of the gentleman from Illinois.
Why are we debating this? What is wrong with competent volunteers being
able to deal with migratory bird issues, even though we are shutting
them out of everything else and with the whole private property area
saying you have to have the owner. Why is this a debate? People keep
accusing this side of the aisle of stalling things, but these
amendments are coming from that side of the aisle. And they are just
incredible amendments that I cannot figure out why we are spending this
body's time.
I would hope that this body could move propitiously to endorse the
amendment to the amendment and then the amendment to the bill, and I
think everybody out there will scratch their head and say, my goodness,
what is going on there today. There must be something in the water.
Mr. REGULA. Mr. Chairman, I ask unanimous consent that all debate on
this amendment and any amendments thereto close at 2:30 and that time
be equally divided.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
Mr. MILLER of California. Mr. Chairman, I object.
The CHAIRMAN. Objection is heard.
Mr. REGULA. Mr. Chairman, I ask unanimous consent that all debate on
this amendment and all amendments thereto close at 2:35 and that the
time be equally divided.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
Mr. VOLKMER. Reserving the right to object, Mr. Chairman, there are
[[Page H 6959]]
Members here who have not had an opportunity to speak. And I would
appreciate it if the gentleman would at least extend this time. I am
sure there are other Members who would like to speak yet.
Mr. Chairman, continuing my reservation of objection, I yield to the
gentleman from California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Chairman, we were all going to speak for 5
minutes, too. We said that we will not object to the limitation of
time. We would all like to get through the thing and give the gentleman
from California [Mr. Miller] his time and us, too. I will not take the
5 minutes, and I was even going to yield to cut the time.
Mr. REGULA. Mr. Chairman, I withdraw my unanimous-consent request.
Mr. Chairman, I ask unanimous consent that all debate on this
amendment and all amendments thereto close at 2:40 p.m. and that the
time be equally divided.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The CHAIRMAN. The time for debate on the pending amendment and all
amendments thereto shall expire at 2:40, which would be 20 minutes
equally divided and controlled by the gentleman from Ohio [Mr. Regula]
and the gentleman from Illinois [Mr. Yates].
The Chair recognizes the gentleman from Ohio [Mr. Regula].
Mr. REGULA. Mr. Chairman, I yield 5 minutes to the gentleman from
California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Chairman, I thank the distinguished chairman for
yielding time to me.
Mr. Chairman, the bird survey that we are talking about is put there
for a specific agenda; it is to count birds. We have been asked why
would we oppose the amendment of the gentleman from Maryland [Mr.
Gilchrest]. Some of the Members have indicated that it is trivial, why
we would oppose it. I would say, Mr. Chairman, that it is not.
Why would I say that? The previous actions of this House and of the
Members and of specific agendas that have been pushed through in the
past have superseded common sense. I look at the last time that this
body was in the majority on the other side. They were pushing to even
have these volunteers to be able to go on the land without permission,
without permission of the private property owner. Now they cannot do
that, so they are trying to get volunteers.
I would look at the comments of the gentleman from California [Mr.
Packard]. If you have different agendas, you would go to those groups
to have them go into those areas. And the other side of the aisle, some
of the speakers, and some on our side, too, as well, believe and they
will say strongly, and they have a right to their opinion, but have
pushed that agenda to the extreme. And the people that are out in the
field, they support that agenda. That is why those volunteers would be
even further pushing that agenda. We think that that is wrong.
I look at past actions on private property rights and the inability
of those same people that I discussed of yielding anything but to push
right through.
The gentleman here that offers the amendment on private property
rights, on the California desert bill, we had a thing in California
where people were even asking to disk around their field because there
is a fire season, and we were denied. We lost a whole bunch of homes
because of it.
It is that reason why we question this amendment. In the future, if
we can work closer together to come somewhere to the center of these
things, then it would be frivolous to bring this up. But at this time
we do not feel it is.
There is no definition of carefully trained. There is no definition
of carefully verified. It would be those individuals with that specific
agenda in mind that would be out there in the field that would also
gather the data, which would be biased. And we object to that type of
motivation.
So it is not just volunteers. It is the type of volunteers that would
be worked in this group to push a specific agenda.
Mr. YATES. Mr. Chairman, I yield 4 minutes to the gentleman from
California [Mr. Miller].
Mr. MILLER of California. Mr. Chairman, the supporters of banning
American citizens from volunteering for the USGS are simply not being
candid with the Members of this House. They say that the volunteers may
be biased. Does that mean that people who they want to volunteer for
the migratory bird count are not biased? Are the environmentalists who
go out and count for migratory bird count, are they undercounting the
birds so the shooting limit will be less? Are the gunners who go out
and count for the migratory bird count, are they overcounting the birds
so the limits will be higher, the seasons will be longer. You trust
those people. But you do not trust the Boy Scouts who gave 1,000 hours
in Wisconsin. You do not trust 32 veterinary students who volunteered
the time of three full-time employees to do autopsies on animals. You
do not trust them.
The gentleman from California [Mr. Cunningham] comes down here and
talks about some conspiracy of bias, and he is sponsoring legislation
and pushing for legislation to let us accept science from industry.
Something is going on here. What is going on here is a very, very
extreme agenda about taking American citizens who are interested in the
environment out of the equation.
This amendment now says you must be qualified and supervised, you
cannot go on to private land without the invitation of the owner. So it
is not a property rights issue. It is not a competency issue. It is an
extreme radical right-wing agenda about taking American citizens out of
one part, one small part of the environmental movement, one small part
of data gathering for the entire Federal Government.
Under the bill as written, it does not matter, as I said, if you have
a Nobel laureate; you cannot gather this information. You cannot gather
this information. Graduate students cannot gather this information.
There is something terribly wrong here, because they are talking all
around the amendment, but they will not talk to the amendment.
We look out here at the Patuxent environmental science group; 849
volunteers provide the information. They gather if for the scientists
who put it to peer review. We are not going to allow them to do that
under this legislation. The thousands of people that go on the Fourth
of July butterfly count, the butterfly count across this Nation on the
Fourth of July could not turn in their information to the USGS. The
Christmas bird count, thousands and thousands of your citizens who go
out every year could not turn in their information to the USGS under
this amendment.
Is that really what you want to do? Do you want to single out the Boy
Scouts, the Nobel laureates, the Fourth of July butterfly count, the
Christmas bird count? I do not think that is what you want to do. What
you really are trying to do is strangle, strangle our ability to gather
information that has an impact on our ability to manage habitat, to
manage species and try to help private citizens, governmental agencies,
and corporate America make decisions about the use of their lands, the
sustainability of their profit-making use of the land and the
environmental use of that land.
And somehow this is what you have done. You have decided that you are
going to take tens of thousands of Americans who are qualified, who are
carrying out the best tradition of volunteerism. You do not like
AmeriCorps. You do not like them if they are paid. And now you do not
like them if they are volunteers. It is simply not fair to these
Americans. It is simply not fair to our constituents.
Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Maryland [Mrs. Morella].
(Mrs. MORELLA asked and was given permission to revise and extend her
remarks.)
Mrs. MORELLA. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, I rise to support the amendment offered by Mr.
Gilchrest that would return H.R. 1977 to its original language
regarding the selection of personnel for resource research by the
National Biological Survey. I believe that the language of the
Appropriations Subcommittee had thoughtfully covered the concerns of
all parties involved. Volunteers had to be properly
[[Page H 6960]]
trained and supervised, and the information collected carefully
verified.
I admit that to be supporting language that does anything less than
gratefully thank volunteers for their indispensable assistance is
certainly a first for me. We are talking here about citizens who care
enough about an issue to give their time, energy, expertise, and
dedicated effort for a task that is seldom easy. For example, to obtain
information about the causes of the declining populations of canvasback
ducks who winter in and around the Chesapeake Bay requires studies of
their mortality, nutrition, activity, and habitat. How can we justify
refusing the scientists the benefit of volunteer, unpaid assistants to
help with this demanding work? In just makes no sense.
I would also like to state that I do not support an interruption in
the listing and prelisting process under the Endangered Species Act,
even though it is stated that it is only until the act is reauthorized.
In addition, I believe that the funding level for the ESA is woefully
short of being adequate. Again, I look to the reauthorization process
and intend to share my concerns at that time. I do appreciate, however,
that the Appropriations Committee has worked long and hard to balance
conflicting interests and I accept the fact that several programs that
I strongly support will have major changes. However, I think that this
particular one, the use of trained and supervised volunteers, will have
far-reaching negative and unintended consequences.
I urge this body to support the Gilchrest amendment.
{time} 1430
Mr. YATES. Mr. Chairman, I yield 3 minutes to the gentleman from
Rhode Island [Mr. Kennedy].
Mr. KENNEDY of Rhode Island. Mr. Chairman, I rise today in favor of
the Gilchrest amendment. Let me just state from the outset that we have
seen the devolution of authority go back to the States with respect to
a number of programs, one of the most critical of which is protecting
our environment. To show the absurdity of the Republican effort to
protect the environment, they say ``Let all thee States do it. Let us
have a State by State approach.''
It really makes no sense, when you are trying to clean up the air,
because you cannot draw State lines around our air quality. We cannot
draw State lines around our water quality.
Now, with the amendment being proposed, they want to draw private
property rights around migratory bird patterns. They want to draw
property rights around fish species, like the fish only go to some
person's property as opposed to someone else's. They want to say,
``Listen, if we want to put the power back into the locals' hands,''
that is what the big Republican mantra is, give it back to the locals;
yet with the amendment being proposed, and hopefully we will support
Gilchrest that would remedy it, they want to take the local initiative
out of environmental protection.
I think this is the critical issue why we need to support the
Gilchrest amendment, because we have seen the bumper stickers, ``Think
globally, act locally.'' How can we expect people to take the
initiative on the local level if we say to them, ``We are not going to
allow you to participate in protecting your own backyard?'' In my
State, people are passionate about conserving and protecting their
environment. Yet, this proposal by the Republicans on the floor today
would say volunteers cannot go out and try to protect their own
environment.
Mr. Chairman, I hope that this House adopts the Gilchrest amendment
and strikes the language that would bar volunteers from participating
in protecting their own environments.
Mr. REGULA. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland [Mr. Gilchrest].
Mr. GILCHREST. Mr. Chairman, I would really like once again to
reiterate some points. First of all, this is a Republican amendment, I
would just like to make that point. I am a Republican. We are all
working together here.
First of all, Mr. Chairman, no one wants to violate anybody's
property rights at all. We do not want to do that. It is in the bill to
protect property rights.
This agenda to have volunteers is not to make something out of
nothing. We are not going to run around there and try to find some
hidden way to keep people from using their property. This is about
biological data. What is the potential use of collecting biological
data? There are a lot of viruses out there that are becoming resistant
to antibiotics now. There is endless potential for a variety of
chemical agents, yet uncovered, to be able to avoid calamities and
disasters with new diseases or present diseases.
This is about collecting biological data which will cure or help with
heart problems, with cancer problems, with hypertension, with new
viruses, with pain killers, with natural insecticides, with this plague
that we call AIDS. This is biological data. We do not have enough money
to pay for all of this information. We need well-trained, well-
verified, good volunteers. I urge my colleagues to vote for the
substitute amendment.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, in light of the fact that pro-choice and pro-
life was brought up, perhaps we can assure our colleagues that we will
see to it that the volunteers are equally divided between pro-choice
and pro-life, understanding, of course, it is choice for the birds.
Mr. GILCHREST. That is a very good recommendation, and it is whether
or not to eat the chicken eggs, or to hatch the chicken eggs, I guess.
The question is collecting biological data, the health of the country,
using well-trained volunteers. I urge my colleagues to support the
Gilchrest amendment.
Mr. YATES. Mr. Chairman, I yield 3 minutes to the gentleman from
Missouri [Mr. Volkmer].
(Mr. VOLKMER asked and was given permission to revise and extend his
remarks.)
Mr. FARR. Mr. Chairman, will the gentleman yield?
Mr. VOLKMER. I yield to the gentleman from California.
Mr. FARR. Mr. Chairman, I would like to point out that this amendment
is a compromise amendment. I cannot imagine why anybody would vote
against it. It is not what a lot of people have indicated, an open door
to volunteers being able to be utilized.
What the bill says, and I think that the author of the bill
recognized it as a Republican amendment, but the bad side is also a
Republican bill. That is that the bill says that none of the funds
provided for resources research may be used to administer a volunteer
program; and what the language says, ``unless that volunteer is
properly trained and the information is carefully verified.'' So this
is a half a loaf, it is a good amendment. I urge everybody on both
sides of the aisle to support it.
Mr. VOLKMER. Mr. Chairman, the gentleman is alluding to the amendment
of the gentleman from Maryland, and it is a Republican amendment. I
hope everybody will support it.
Mr. Chairman, I have been here 18\1/2\ years. This is the weirdest
debate that I have ever participated in. For an hour and a half, for an
hour and a half, we have been talking about whether we can use
volunteers or not. How much money are we saving, here? We are not
saving a whole bunch of money, we are not spending a whole bunch of
money, we are just asking the right, the gentleman from Maryland [Mr.
Gilchrest] is, the right of people, taxpayers, the people that Members
are supposed to be so proud of, and these are people that are out there
working day and night, and they are taking their time off to go out and
get information, information.
Are Members scared of information? That is what it sounds to me like,
that the radical right is scared to death that they might find
something out that they do not want to know about, so we put it away,
do not find out about it. It is only volunteers. What my former
President, my President, your President, Reagan pushed so hard for was
voluntarism. Now we are saying no to voluntarism.
There might be something under that rock that we do not want to know
about, or something in that water, ``Oh, oh, we do not want to know
about it''; or something in the sky, what is it? No, it is not
Superman. It might be a bird. We do not know, we do not want to know.
Weird, weird. Oh, boy, scaredy folks. Be scared, the bogeyman might get
you. The
bogeyman might get you
[[Page H 6961]]
right-wingers, watch out. These volunteers are bad, bad people. Watch
out, folks. Be careful. Be careful. Step lightly.
The amendment of the gentleman from Maryland [Mr. Gilchrest] may pass
and we may have somebody out there that finds something out that we
really do not like. However, I think we can live with it. I think the
country will survive. I do believe that we should, and I agree with
Reagan, we should use volunteers. I do not see anything wrong with it.
I hope that this House has the sense enough to let volunteers do the
work that Government agencies and Government money will not be spent
for. I support the amendment offered by the gentleman from Maryland
[Mr. Gilchrest] wholeheartedly.
Mr. REGULA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I started out here to allow money in Fish and Wildlife
to use the volunteers to count the birds, migratory birds, breeding
birds. Of course, this was something the gentleman from Wisconsin [Mr.
Obey] is interested in, and all of us are interested in. I have been
involved in that, too. We use Boy Scouts, we use 4-H Club members, we
use all kinds of people. I do not want to lose sight of the original
objective of what I was trying to achieve here.
Mr. Chairman, I will say, in fairness to the westerners, and I have
recently spent 2 days in California in the mountains, and there is
absolutely no indication, no boundary markers, nothing. If you look at
a map, it is a section of private land, a section of public land, a
section of private land, and it is a checkerboard, because, of course,
that is the way it was laid out when the land was originally given to
the railroads, so people who would be out there trying to do any kind
of a count, whether it is a fauna or flowers or birds or whatever,
would not really know whether they were on public lands or private
lands. That was the concern that is expressed.
One last thing, Mr. Chairman. It illustrates the problem, and I hope
the gentleman, Mr. Gilchrest, and the gentleman, Mr. Miller, both of
whom are members of the authorizing committee, will resolve this
problem in their committee and bring us a piece of legislation. When
that happens, all of this drops out. This illustrates the importance of
the authorizers dealing with this. This is temporary legislation to
deal with an immediate concern.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, I very much appreciate the fact that the
gentleman with his amendment tried to respond to concerns that I raised
in the minority views in the report. It is a constructive effort.
However, I would also say that I think that we obviously would prefer
to make it even more constructive by adding the amendment offered by
the gentleman from Maryland [Mr. Gilchrest] to that amendment.
Mr. REGULA. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The gentleman from Illinois [Mr. Yates] has 1 minute
remaining.
Mr. YATES. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Maryland [Mr. Gilchrest] as a substitute for the
amendment offered by the gentleman from Ohio [Mr. Regula].
The question was taken; and the Chairman announced that the ayes
appeared to have it.
recorded vote
Mr. POMBO. Mr. Chairman, I deemed a recorded vote.
A recorded vote was ordered.
The CHAIRMAN. Pursuant to clause 2 of rule XXIII, the Chair will
reduce to 5 minutes the time for a recorded vote, if ordered, on the
Regula amendment without intervening business on debate.
The vote was taken by electronic device, and there were--ayes 256,
noes 168, not voting 10, as follows:
[Roll No. 500]
AYES--256
Abercrombie
Ackerman
Andrews
Bachus
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blute
Boehlert
Bonior
Borski
Boucher
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TX)
Bunn
Cardin
Castle
Chapman
Clay
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (IL)
Condit
Conyers
Costello
Coyne
Cramer
Cunningham
Davis
de la Garza
Deal
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Durbin
Ehlers
Ehrlich
Engel
English
Eshoo
Evans
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Filner
Flake
Flanagan
Foglietta
Forbes
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Greenwood
Gutierrez
Hall (OH)
Hamilton
Harman
Hastings (FL)
Hefley
Hilliard
Hinchey
Hobson
Hoekstra
Holden
Horn
Houghton
Hoyer
Inglis
Jackson-Lee
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kleczka
Klink
Klug
Kolbe
LaFalce
LaHood
Lantos
LaTourette
Lazio
Leach
Levin
Lewis (GA)
Lincoln
Lipinski
LoBiondo
Lofgren
Longley
Lowey
Luther
Maloney
Manton
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Meyers
Mfume
Miller (CA)
Miller (FL)
Mineta
Minge
Mink
Molinari
Mollohan
Montgomery
Moran
Morella
Nadler
Neal
Oberstar
Obey
Olver
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Richardson
Rivers
Roemer
Ros-Lehtinen
Rose
Roukema
Roybal-Allard
Rush
Sabo
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schroeder
Schumer
Scott
Serrano
Shaw
Shays
Sisisky
Skaggs
Skelton
Slaughter
Smith (NJ)
Spratt
Stark
Stokes
Studds
Stupak
Tanner
Taylor (MS)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Tucker
Upton
Velazquez
Vento
Visclosky
Volkmer
Walsh
Ward
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
White
Whitfield
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
Zimmer
NOES--168
Allard
Archer
Armey
Baker (CA)
Baker (LA)
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bliley
Boehner
Bonilla
Brewster
Brownback
Bryant (TN)
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Chabot
Chambliss
Chenoweth
Christensen
Chrysler
Coburn
Collins (GA)
Combest
Cooley
Cox
Crane
Crapo
Cremeans
Cubin
Danner
DeLay
Diaz-Balart
Dickey
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards
Emerson
Ensign
Everett
Foley
Fowler
Frelinghuysen
Frisa
Funderburk
Gallegly
Ganske
Gekas
Goodling
Graham
Gunderson
Gutknecht
Hall (TX)
Hancock
Hansen
Hastert
Hastings (WA)
Hayes
Hayworth
Heineman
Herger
Hilleary
Hoke
Hostettler
Hunter
Hutchinson
Hyde
Istook
Johnson, Sam
Jones
Kasich
Kim
King
Kingston
Knollenberg
Largent
Latham
Laughlin
Lewis (CA)
Lewis (KY)
Lightfoot
Linder
Livingston
Lucas
Manzullo
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Moorhead
Murtha
Myers
Myrick
Nethercutt
Neumann
Ney
Norwood
Nussle
Ortiz
Oxley
Packard
Parker
Paxon
Petri
Pickett
Pombo
Quillen
Radanovich
Regula
Riggs
Roberts
Rogers
Rohrabacher
Roth
Royce
Salmon
Schaefer
Schiff
Seastrand
Sensenbrenner
Shadegg
Shuster
Skeen
Smith (MI)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Stearns
Stenholm
Stockman
Stump
Talent
Tate
Taylor (NC)
Tejeda
Thomas
Thornberry
Tiahrt
Traficant
Vucanovich
Waldholtz
Walker
Wamp
Watts (OK)
Weldon (FL)
Wicker
Wolf
Young (AK)
Young (FL)
Zeliff
NOT VOTING--10
Bono
Collins (MI)
Fields (TX)
Ford
Green
Hefner
Moakley
Reynolds
Tauzin
Towns
[[Page H 6962]]
{time} 1501
The Clerk announced the following pair:
On this vote:
Mr. Moakley for, with Mr. Bono against.
Mr. MOORHEAD changed his vote from ``aye'' to ``no.''
Mr. MILLER of Florida and Mr. MINGE changed their vote from ``no'' to
``aye.''
So the amendment offered as a substitute for the amendment was agreed
to.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore (Mr. Davis). The question is on the
amendment offered by the gentleman from Ohio [Mr. Regula], as amended.
The amendment, as amended, was agreed to.
amendment offered by mr. regula
Mr. REGULA. Mr. Chairman, I offer an amendment marked No. 2.
The Clerk read as follows:
Amendment offered by Mr. Regula: On page 15, line 3, strike
all beginning with ``: Provided further,'' down to and
including ``subparagraph (B)'' on page 15, line 16.
Mr. REGULA. Mr. Chairman, my colleagues, this is a bipartisan
amendment. It strikes the language in the Fish and Wildlife Service
administrative provisions which amends the Emergency Wetlands Act of
1986 to allow the Fish and Wildlife Service to retain the refuge
entrance fee collections.
Under the current law, 70 percent of these fee collections are
distributed through the Migratory Bird Conservation Act to be used for
land acquisitions approved by the Migratory Bird Conservation
Commission. And I might add that my amendment that was just approved,
as amended by the gentleman from Maryland [Mr. Gilchrest], provides
funds to do the bird count.
We looked at the language. In effect what this does is allow the
refuge entrance fee collections to be used to buy additional wetlands
which, of course, provide habitat for migratory birds. It is supported
by a wide range of groups who are interested in the preservation of
wildlife, as well as the various sportsmen groups.
I think it is a good amendment. We have worked it out with the
authorizers and I know that we have had support on both sides.
The amendment strikes language in the Fish and Wildlife Service
administrative provisions which amends the Emergency Wetlands Act of
1986 to allow the Fish and Wildlife Service to retain all of the refuge
entrance fees. Under current law, 70 percent of these fee collections
are distributed to the migratory bird conservation account to be used
for land acquisitions approved by the Migratory Bird Conservation
Commission. Currently the Commission receives approximately $21 million
from duck stamp receipts, $18 million from import duties, and $1.7
million from refuge entrance fees, which are all available for land
acquisition through a permanent appropriation.
The committee had proposed language to allow the Fish and Wildlife
Service to retain the $1.7 million which goes to the migratory bird
conservation account since the current amount which the Fish and
Wildlife Service retains does not cover the costs involved to collect
the fees, and serves as a disincentive to increase future collections.
The committee also noted the 5-year moratorium on land acquisition that
was included in the budget resolution, and reduced funding in the bill
for land acquisition by 78 percent or $184 million. The $41 million
permanent appropriation out of the migratory bird conservation account
for land acquisition would have been reduced by 4 percent or $1.7
million. However, in deference to the authorizing committee which
raised an objection to this language in the Rules Committee, the
amendment is being offered to strike the language.
Mr. WELDON of Pennsylvania. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Pennsylvania.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I applaud the leadership of
the gentleman from Ohio [Mr. Regula] and the leadership of the other
side and the chairman of the authorizing committee [Mr. Young of
Alaska], for their work on behalf of resolving this issue which is
extremely important to all of us in this country, especially the
gentleman from Michigan [Mr. Dingell] and I, who serve as
representatives of this body on the Migratory Bird Commission.
This will allow us to continue to voluntarily set aside land to be
used for our refuge system and for the migratory bird flyways of this
country and throughout North America. In fact, if this amendment had
not been ruled in order and accepted by the chairman, we could have
seen 3,500 to 5,000 less acres set aside voluntarily in the next fiscal
year.
I might add for my colleagues on both sides, this is a total
voluntary program; no condemnation, no taking. This is done through
voluntary purchases and setting aside of land to be used for the
flyways of our migratory birds. Since the existence of this program,
over 4 million acres of land have been set aside for this purpose.
It is supported by groups as diverse as the NRA to Ducks Unlimited to
the Nature Conservancy. I applaud the leaders on both sides for this
amendment, for accepting it, the gentleman from Illinois [Mr. Yates]
and the gentleman from Alaska [Mr. Young] and certainly the gentleman
from Ohio [Mr. Regula].
Mr. YATES. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I personally believe the original idea that the
gentleman from Ohio [Mr. Regula] had was much better than his
amendment. It was a good idea. I think the Fish and Wildlife Service
spends more money collecting fees than they now get in return.
But I am not going to oppose the amendment. I just want the Record to
show that I have no objection to the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio [Mr. Regula].
The amendment was agreed to.
amendment offered by mr. obey
Mr. OBEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Obey: Page 23, line 19, strike
``$87,000,000'' and insert ``$70,220,000''.
Page 55, line 5, strike ``$384,504,000'' and insert
``$347,724,000''.
Page 55, line 22, strike ``$151,028,000'' and insert
``$124,247,000''.
Page 66, strike lines 11 through 15 and insert the
following:
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not
otherwise provided, title VI of the Elementary and Secondary
Education Act of 1965, $81,341,000.
Mr. OBEY. Mr. Chairman, there are a lot of us on this side of the
aisle who feel that many of the reductions that are being made in this
bill to crucial environment programs, to crucial natural resources
programs, are being made for the purpose of transferring these
resources to the Ways and Means Committee to, in effect, finance a tax
cut for lots of people making $200,000 a year or more. We do not happen
to think that is the best use of money.
There is another program which is being savaged in this bill which is
the Indian Education Act. This bill eliminates funding for Indian
education. My amendment would simply restore funding for that program.
We would restore $80 million for the amendment and we would take it
from sources that we think are much less damaged. For instance, we take
it from the fossil fuels account, which is already very much over the
authorized amount. It is $163 million over the amount provided in the
authorized committee. So we think that $36 million reduction does no
harm there and it takes it from other sources which we think do very
much less harm.
Mr. Chairman, let me explain what it is we are doing. I had always
thought that there was general recognition that the education of Indian
children was significantly a Federal responsibility, because of the
Federal trust status that many of our tribes have.
Now, the money in question, which I am trying to restore, will not go
to tribes. The money that I am trying to restore will go to local
school districts, will go to local public school districts. It will not
go to tribal schools. And this money, if it is not provided, will, in
fact, be lacking in those local school budgets and those local school
districts will have to raise their own education budgets and their own
property taxes to support education to the tune of about $80 million. I
do not think they ought to have to do that.
[[Page H 6963]]
Now, there would be arguments made that this program is duplicative.
People will say, for instance, that after all, you have a lot of
programs within the BIA to educate Indian children. But the fact is
that BIA programs only educate 8 percent of Indian children. This
program deals with the rest.
So you cannot fix this problem by relying on the BIA, because the BIA
does not provide funding for this purpose.
{time} 1515
People will say that impact aid will take up the slack, but, in fact,
again, I would point out that impact aid payments flow only to about
700 school districts located on or near Federal reservations. The
program does not serve members of State-recognized tribes or off-
reservation Indians, and that would leave a substantial gap.
Now, we will also be told, well, title I funds can take care of this
problem. The fact is, however, that title I stresses basic academic
instruction, while Indian education programs focus heavily on students'
culturally related academic needs, and there is a big, big difference.
So I want to make quite clear, and I do not think this is an
especially complicated proposition, this is not a proposal which is
going to make life easier for Indian tribes. This is not adding money
into tribal budgets. This is simply protecting local school districts
who have a right to expect that the Federal Government will live up to
their responsibilities in educating Indian children.
Now, I must say I think that there is a broader issue involved here
than just Indian education. I think that the Federal Government for a
long time has been becoming Mr. Bugout When it comes to meeting its
responsibilities for educating lots of people.
If this amendment does not pass, not only are we asking local school
districts to pick up an obligation which belongs on Federal shoulders,
but we are also in many other ways abandoning local school districts.
Example: Immigrants who come into this country or refugees who come
into this country.
The CHAIRMAN. The time of the gentleman from Wisconsin [Mr. Obey] has
expired.
(By unanimous consent, Mr. Obey was allowed to proceed for 2
additional minutes.)
Mr. OBEY. Mr. Chairman, now, I have no objection to an open and fair
immigration policy, but I do have an objection when those refugees come
into this country, are then dropped on the local doorstep and the
Federal Government forgets its obligation to then help train and
educate those children. Those local school districts should not have to
carry that burden alone.
All this amendment does with respect to Indian children is to
recognize that the Federal Government should not be transferring large
financial burdens back to local school districts to carry out what
essentially is a Federal responsibility.
And I would urge support for the amendment.
Mr. VENTO. Mr. Chairman, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from Minnesota.
Mr. VENTO. I want to commend the gentleman in the well for his work,
for his statement and for his support. I think he points out here many
of the poorest of the poor, and, you know, frankly, investing in
people, and I think that obviously the native American plight in terms
of education, in terms of development and skills and so forth has been
something which I think is a growing awareness of the shortfall and the
uneven nature of what has occurred.
What the gentleman seeks to do is simply to restore the funding,
basically a million dollars below this level of funding, simply to
restore that by taking the money out of energy programs.
Mr. Chairman, I think we can afford to go without that. I do not
think we can afford to go without the investment in these kids that
need this help in these areas. I might point out, many have pointed out
the profits in terms of gaming and other factors, but in reservation
after reservation and area after area, there are many that receive no
benefits from that. These programs are absolutely essential for the
type of qualitative education programs desperately needed in these
areas where we have the greatest degree of poverty in this Nation, in
the Indian communities of this Nation, Mr. Chairman.
Mr. REGULA. Mr. Chairman, I move to strike the last word.
Mr. Chairman and members of the committee, I understand the objective
of the sponsor of this amendment. As a matter of fact, we will have an
amendment shortly from the gentleman from Oklahoma [Mr. Coburn] to
accomplish the education part of it. But in the amendment offered by
the gentleman from Oklahoma [Mr. Coburn], we will take the money out of
the administrative functions in the Forest Service, the administrators,
and I think that to get the necessary funds that the amendment by the
gentleman from Oklahoma [Mr. Coburn] takes it from an area that is less
important to the people of this Nation than are the things that are
being deleted by the Obey amendment.
I would point out that under the amendment by the gentleman from
Wisconsin [Mr. Obey], he would cut coal research, which we have already
reduced 14 percent. He would cut oil technology, which is already
reduced by 17 percent. He would cut natural gas research, which is
reduced by 1 percent. And I might point out the budget that this body
adopted proposed very large increases on natural gas research. He goes
into fuel cell research.
The problem we have here is that what we have tried to do in the
energy portions of this bill is maintain basic research because we are
a very energy-driven Nation. Jobs are a way of life because of
transportation, because of distances in this country, because
automobiles are very much a part of our culture. It puts great demands
on our energy resources. We use a lot of electricity, which puts demand
on coal, and we have to do a lot of research to ensure that we can get
clean-burning coal and use this vast store of coal that we have for the
decades to come.
I am really concerned about taking any additional money out of fossil
energy research programs, since we have already cut them nearly $40
million in order to meet our budget targets, and I think as we try to
have energy security, as we try to maintain a degree of energy
independence, as we just fought a war, lost American lives and at great
expense, to protect our sources of fuel in the Middle East, that we
need to keep these programs going that develop research potential for
oil, natural gas, fuel cells, coal research.
If any of you have seen the Apollo 13 movie or the story of Apollo
13, they were using fuel cells, and they lost a fuel cell, which almost
resulted in a disaster. Fuel cell research is very important to the
future, not only in space but on Earth.
So, while I sympathize with the gentleman's desire to put money back
in Indian education, I think the proposal of the gentleman from
Oklahoma [Mr. Coburn] to take the money from the Forest Service
administrative function would be a better way to do it. For that
reason, I would have to oppose this amendment and will support Mr.
Coburn's amendment.
Mr. OBEY. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Wisconsin.
Mr. OBEY. I thank the gentleman for yielding.
I would simply point out that I happen to support these fossil energy
programs, but I would simply take note of the fact that the number in
this bill is some $163 million over the authorization number, and I am
sure that many of the good conservatives on that side of the aisle do
not want to see us violate authorization ceilings. So I think we are
being very responsible in taking only $36 million out.
Mr. REGULA. Reclaiming my time, as I said at the outset of the
debate, we have some very important policy decisions. We both agree,
both sides, we need to put the money back in Indian education. The
position of our side is that the money ought to come out of the Forest
Service administrative account and not out of energy research. And
obviously the gentleman from Wisconsin would prefer it out of energy
research and the areas I mentioned.
I think if we vote, the vote will be essentially, if you vote down
the Obey amendment and then you will vote for the Coburn amendment, you
would indicate with that vote that you prefer to get the money for the
Indian education program from administrative
[[Page H 6964]]
services in the Forest Service, administrators, rather than take it out
of energy research.
So, for my colleagues that are listening to this debate, I just
wanted to try to get the choices out here clearly.
Mr. YATES. Mr. Chairman, I move to strike the requisite number of
words.
Do I understand the gentleman from Ohio to be in favor of restoring
the money for Indian education, and the only question is where the
money is to come from for the offset?
Mr. REGULA. If the gentleman will yield, that is correct.
Mr. YATES. You do favor the restoration of the money for Indian
education?
Mr. REGULA. I think that we have been persuaded by circumstances, if
the gentleman will yield, that we need to put some additional funding
in Indian education.
Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
Mr. YATES. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. I happen to think the gentleman from Ohio and
yourself have made an agreement here that we want to restore the moneys
for Indian education. Is that correct?
Mr. REGULA. That is correct.
Mr. YOUNG of Alaska. There are other ways to restore this money other
than taking it from the fossil fuel research. I will have amendments
later on down the line that would save in the realm of $108 million
that is unnecessary to spend at this time for the purchase of new
vehicles and aircraft for agencies that have no reason to purchase them
other than to have their own private fleet.
What I am suggesting is that there is plenty of room in this bill to
transfer moneys into. I think the gentleman from Michigan will agree,
and yourself and the gentleman from Ohio, this is a much higher
priority than to purchase hardware for those that want their own little
playground to play on with their own little play toys. So I am glad you
have reached this agreement.
But I do not support the gentleman from Wisconsin taking it out of
the fossil fuel research. I think in the meantime, before we get to
title II, we can work out an amendment that can get the moneys to the
American Indian education fund.
Mr. YATES. Does the gentleman propose to offer a substitute to the
amendment offered by the gentleman from Wisconsin?
Mr. YOUNG of Alaska. Not at this time. I am going to be addressing it
probably in title II concerning aircraft, concerning vehicles, and we
can direct it at that time, I believe, maybe I am wrong, to the area
which the gentleman from Michigan and yourself are seeking.
Mr. YATES. I just want to say, Mr. Chairman, I rise in support of the
amendment offered by the gentleman from Wisconsin [Mr. Obey].
I do not know about all of the offsets that have been discussed here
in place of those suggested by the gentleman from Wisconsin [Mr. Obey],
but I do know that the Indian children need the funds that have been
taken away from the Office of Indian Education. It would have been
easier, of course, if the bill had not taken $81 million away from the
education of Indian children in the first place. This should be
corrected.
I want to commend the gentleman from Wisconsin for correcting it. We
have done enough to the Indian people in the course of the history of
this country. We have a national trusteeship to make sure that this
kind of treatment of the Indian people is not continued, and certainly
when it is proposed to cut funds for education of the Indian children,
we are abusing our responsibility.
Mr. REGULA. if the gentleman will yield, I want to say, the gentleman
from Illinois, as chairman of this committee for many, many years was
always very sensitive to Indian education and health.
Mr. YATES. That is correct.
Mr. REGULA. We have tried to maintain that tradition, given the
constraints that we faced, and Indian education is one of the few
programs that did not receive much in the way of reductions even though
we had an overall 10 percent, and we agree with what you are saying,
and that is why it is not a question here of the money. It is where we
get it.
The gentleman from Wisconsin would take it out of the energy program
research. The gentleman from Oklahoma [Mr. Coburn] would take it out of
administrative programs and forestry. And it seems to me, at least,
that it would be from the standpoint of national policy, I prefer to
keep the energy research and reduce the forest administrative.
But I think we are in agreement on the objective.
Mr. YATES. I thank the gentleman.
Mr. KILDEE. Chairman, I move to strike the requisite number of words.
Mr. Chairman, I rise in support of the Obey amendment. I suggest from
time to time that we go down to the National Archives, just down the
street, and read the treaties that we have signed with Germany and
England, China, France, and the Indian tribes of this Nation. Those
treaties are available for reading, and in almost every instance, when
one reads the treaties with the Indian nations, we find the taking away
of, very often, millions of acres of land, and almost in every instance
the promise of one thing: Education.
{time} 1530
And that is a treaty obligation and, I believe, a moral obligation,
and that is why in the 19 years I have been here in Congress I have
tried to move toward fulfillment on our part of the treaty obligations.
In the State of Michigan they took away everything in Michigan and
promised education, and I have served on the former Education and Labor
Committee for years, and I focused on Indian education. We have done a
little better, but we have not done fully. We do have a moral and, I
believe, a treaty obligation to the Indians in the area of education.
Now I have a question, if I may address it to the gentleman. In the
Obey amendment we restore about $81 million for Indian education. How
much money is restored in the Coburn amendment?
Mr. COBURN. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentleman from Oklahoma.
Mr. COBURN. In our amendment we restored the $52.5 million that goes
for actual education, we eliminate the bureaucracy associated with the
Indian education department, but maintain the funds to the school
districts where the actual Indian education takes place, and, if I may
continue in answer to that, in supporting my amendment in lieu of the
amendment that we are now considering of Mr. Obey's what my colleague
will find is that we will be taking that from a source that is more
readily available to us with less disconcerting changes for everyone,
and so we were more likely to restore the funds for Indian education.
Mr. KILDEE. Well, first of all there is not $30 million of
bureaucracy. There is at least $10 million for adult education here,
which the gentleman does not restore, and adult education is a very,
very significant part of the Indian education money and bureaucracy.
What is a bureaucracy my colleagues? My two sons are lieutenants in
the Army. They are part of the administration of the Army. I guess we
could call that bureaucracy and reduce the bureaucracy of the Pentagon.
When it comes to Indians, we call it bureaucracy. When it is the
military, it is part of the important administration which my two sons
serve in. So it is very easy to give a bad name, and call it
bureaucracy, but of the $30 million, over $10 million, almost $11
million, is for adult education. It is extremely important.
So I think the main issue here is not so much where we take the money
for restoration, but how much money is restored. I say to my
colleagues, ``You still are $30 million short in your restoration, and
a good chunk of that $30 million is for adult education.''
Mr. WILLIAMS. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentleman from Montana.
Mr. WILLIAMS. Mr. Chairman, my review of the Office of Indian
Education would indicate that at all of its levels, at the very maximum
eliminating totally its bureaucracy might save, just might save, $3
million. So the gentleman is correct to question the 30, and I say to
the gentleman:
``Bureaucracy, by the way, is the administration of the program, so
you
[[Page H 6965]]
get rid entirely of the bureaucracy, and there is nobody there to run
the programs, although I do want to make this point: The office that is
proposed by the committee to be closed here, and I know they are coming
around on this, this is the office where the money follows the study.
The BIA education money, as the gentleman from Michigan so well knows,
that money follows the Indian schools. This money follows the Indian
students. So for those Indian students who go to school in a town just
off the reservation, you eliminate this money, you eliminate that
school district's opportunity to help, specially help, those Indian
children.''
Mr. KILDEE. We have some public schools, I might add, that have about
38 percent Indian students, and they depend a great deal upon these
dollars. They do not have excess funds. They are not all on
reservations. So we are really not only taking away from the Indian
students, but taking dollars away from those schools that are educating
Indian students.
So I think the point here is the restoration is not total in the
Coburn amendment. It is more fulsome in the Obey amendment.
Mr. COBURN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I would just like to make the point in closing on the
discussion on this amendment that first of all the real issue is Indian
children and their education. That is what we are talking about. That
is what we are talking about restoring.
There is, in fact, $10 million spent on administration associated
with this program. There are no ands, ifs, or buts about that, so
therefore the choice is not $52 million or $80 million. The choice is
$52 million or no money, and what I want, and I come from the third
most populous native American district in this Congress, I want the
people in my district to receive the funds for the children who are
going to need this money.
Mr. Chairman, I very well understand how important this money is, but
I also understand what our priorities are, and this debate is about
priorities, and it is about lessening the cost of government and still
delivering the product of government, and I would urge that we would
defeat the Obey amendment so that we can consider my amendment.
Mr. RICHARDSON. Mr. Chairman, I move to strike the requisite number
of words.
(Mr. RICHARDSON asked and was given permission to revise and extend
his remarks.)
Mr. RICHARDSON. Mr. Chairman, I ask for support for the Obey-
Richardson-Clayton amendment, and let me say that what is right now on
the floor is the Obey amendment. I have heard this Coburn amendment.
Nothing has been offered, and I am not sure it is in order. Let me just
say what we are doing with the decimation of the Office of Indian
Education:
We are affecting 32 States. Any Member here that has a native
American in their district is affected.
Now I am the former chairman of the Native American Subcommittee. The
gentleman from American Samoa [Mr. Faleomavaega] is now the ranking
member. He dealt with this issue for years. If the initiative of the
Interior appropriations passes, 92 percent of Indian children in this
country will not be served because they live off reservations.
One of the myths that we have about the Indian people in this country
is that they all live on reservations. They do not. They live in
cities. They live in our rural areas. They live in all of our
districts.
So what we are doing, what the initiative of the appropriations was
doing, was zeroing out the Office of Indian Education that serves 92
percent of Indian children, and what the gentleman from Wisconsin [Mr.
Obey] is trying to do, and the gentlewoman from North Carolina [Mrs.
Clayton], and myself, and many others; and I think the gentleman from
Oklahoma [Mr. Coburn] has some very good intentions; those of us that
have Indian districts, is restore the funds for this vital program.
Now what is this money used for? It is used for formula grants.
Seventy percent of funding is grants to local schools with Indian
populations, special programs for Indian children, dropout prevention,
programs for the gifted and talented students, programs for Indian
adults. Less than 5 percent of these funds go toward administration.
Now let me just give my colleagues some statistics about Indian
children in this country: 12.5 percent below the national average.
Thirty-seven percent of Indian children live below poverty level. Only
50 percent of schools with a majority of Indian students have college
prep programs compared to 76 percent of other public schools. Only 9
percent of native Americans have bachelor's degrees compared with 20
percent of other adults, and we are taking the money from the Naval
Petroleum Reserve, the fossil energy R&D. It has a big budget, it got
an increase, and that is important, but we are taking out $20 million
or so from it. The Bureau of Mines is being phased out this year, but
after this offset the Bureau is still going to have $70 million to shut
down, so what we are doing is educating Indian children.
If this amendment passes, we are creating a travesty of the special
relationship the Federal Government and we all have with the Indian
people that have no lobbyists around here. They do not have anybody
down the halls with their Gucci loafers saying, ``Restore Indian
education.'' But these are the forgotten Americans. These are the first
Americans, and all of a sudden in the name of budget cutting, because
we want to increase fossil fuels, they are paying 92 percent of Indian
children, and we cannot have these special programs for us. Yes, we
have increased money on BIA schools, BIA schools that are not run
terribly efficiently on the reservation. That is 8 percent.
So what we need to do is focus clearly on what the Obey amendment
does. It restores the funds for these programs, and it takes it out of
programs that have been working but clearly have been very generously
funded in this subcommittee.
Mr. ROSE. Mr. Chairman, will the gentleman yield?
Mr. RICHARDSON. I yield to the gentleman from North Carolina.
Mr. ROSE. Mr. Chairman, I certainly agree with what the gentleman has
said. I support Mr. Obey's amendment to restore funding for the Office
of Indian Education. Elimination of the funding will mean over a $2
million loss to the State of North Carolina and over $1 million in my
own congressional district. There are many members of the Lumbee Indian
tribe in my district, the largest tribe east of the Mississippi, and
the ninth largest in the United States. They have benefited greatly by
the Indian education program. They have become doctors and lawyers.
They have become productive, law-abiding citizens, teachers, many
professionals, and I am proud of the contribution that the Indian
Education Act has made to their lives.
I think our human resources are clearly just as important as our
natural resources, and to cut this out to accomplish fiscal austerity
on the backs of Indian children is in my opinion mean spirited and
shortsighted. Please vote for the amendment proposed by the gentleman
from Wisconsin [Mr. Obey].
The CHAIRMAN. The time of the gentleman from New Mexico [Mr.
Richardson] has expired.
(On request of Mr. Rose and by unanimous consent, Mr. Richardson was
allowed to proceed for 3 additional minutes.)
Mr. WILLIAMS. Mr. Chairman, will the gentleman yield?
Mr. RICHARDSON. I yield to the gentleman from Montana.
Mr. WILLIAMS. Mr. Chairman, I appreciated listening to the
gentleman's facts with regard to the plight of Indians, which is very
real, and his facts are accurate. I do want to point out to my
colleagues, however, that Indians have made extraordinary gains over
the past approximately 15 years in educational achievement in the
number of native Americans going to college and in college graduation
rates, and in fact probably greater achievements than any other ethnic
group in the United States. In my own State of Montana we have now
reached the, some think, extraordinary situation where a higher
percentage of native Americans now attend college than do the majority
of Montanans, and so native Americans have turned the corner with
regard to educational achievements, and we ought not abandon the
Federal efforts that brought that about.
[[Page H 6966]]
Mr. PASTOR. Mr. Chairman, will the gentleman yield?
Mr. RICHARDSON. I yield to the gentleman from Arizona.
Mr. PASTOR. I represent the urban areas of Arizona, Phoenix, Tucson,
and these areas are surrounded by Indian reservations, and because the
economic opportunities on many of these reservations are very poor,
lack of jobs, lack of opportunities, many of my native American
constituents move into the urban areas. I have to tell my colleagues
that they are people who do not have the highest education, do not have
the talents to get the best-paying jobs, and so they tend to live in
areas, in school districts, that do not have the highest resources, and
that translates into that many of these young native Americans who are
in our elementary schools or secondary schools have special needs, have
special problems which the public school needs to address, and these
moneys which service native Americans who are living in urban areas are
much needed.
If there is one thing we need to do as adults, that is to ensure that
our children are well educated, and these native Americans need these
programs, need these resources, and I would think that all of us would
want to ensure that the native Americans of this country would have the
opportunities to better themselves.
So I would ask all of my colleagues to support the Obey amendment
because it brings hope, it brings opportunities, to native Americans
who want to better themselves, and they live in the urban areas.
{time} 1545
Mr. JOHNSON of South Dakota. Mr. Chairman, will the gentleman yield?
Mr. RICHARDSON. I yield to the gentleman from South Dakota.
(Mr. JOHNSON of South Dakota asked and was given permission to revise
and extend his remarks.)
Mr. JOHNSON of South Dakota. Mr. Chairman, I thank the gentleman for
yielding. I rise in strong support of the Obey amendment.
The CHAIRMAN. The time of the gentleman from New Mexico [Mr.
Richardson] has expired.
(By unanimous consent, Mr. Richardson was allowed to proceed for 1
additional minute.)
Mr. RICHARDSON. Mr. Chairman, I yield to the gentleman from South
Dakota [Mr. Johnson].
Mr. JOHNSON of South Dakota. Mr. Chairman, in an entire State, the
State of South Dakota, nine Indian reservations, it has become apparent
to me the one successful strategy to combat poverty and break away from
dependence of the Federal Government, in fact has been quality
education. Eliminating the Office of Indian Education would have a
profound negative impact in my State of South Dakota. We would lose
over $2.6 million in formula and discretionary funds, 49 South Dakota
school districts would be negatively impacted, and 17,800 native
American children would lose educational opportunities. This is the one
area where we should not be retreating.
Mr. Chairman, I again express my strong support for the amendment.
Mr. Chairman, I rise in support of the amendment before us proposed
by the Representative from Wisconsin to restore funding for the
Department of Education's Office of Indian Education, which has been
targeted for elimination. Since 1972, the invaluable programs
administered through the Office of Indian Education have helped over
1,200 school districts nationwide address the unique academic needs of
millions of American Indian and Alaska Native children and adults. Mr.
Chairman, 56 percent of the American Indian population in this country
is age 24 or younger. Consequently, the need for improved educational
programs and facilities, and for training the American Indian work
force is pressing. I wish to use the remainder of my time to urge our
continued bipartisan commitment to the Education Department's Office of
Indian Education, and the hundreds of thousands of disadvantaged young
people served annually by this Office.
American Indians have been, and continue to be, disproportionately
affected by both poverty and low educational achievement. In 1990, over
36 percent of American Indian children ages 5-17 were living below the
poverty level. The high school completion rate for Indian people aged
20 to 24 was 12.5 percent below the national average. American Indian
students, on average, have scored far lower on the National Assessment
for Education Progress indicators than all other students. In 1994, the
combined average score for Indian students on the scholastic
achievement test was 65 points lower than the average for all students.
These statistics reflect the continued neglect of America's under-
served Indian population and are unacceptable.
By eliminating the Office of Indian Education, there is little hope
of breaking the cycle of low educational achievement, and the
unemployment and poverty that result from neglected academic potential.
This Office, unlike any other, provides educational services that
directly address the unique learning needs and styles of Indian
students, with sensitivity to Native cultures, ultimately promoting
higher academic achievement. Eliminating the Office would have a
particularly profound impact on Indian education in my State of South
Dakota. More than $2.6 million in formula and discretionary funds
assisted American Indian children and adults in South Dakota in fiscal
year 1994. Grants were made directly to 49 South Dakota school
districts. The education of almost 17,000 of our American Indian
children in South Dakota would be significantly affected if the
programs administered by the Office were eliminated. In addition, if
funding were no longer available, every South Dakota school currently
receiving a grant would have to release at least one staff person,
resulting in almost 200 teachers and aides no longer working in Indian
education in the State. This past year, almost $300,000 went to tribal
schools to support innovative approaches to Indian education and more
than $350,000 supported student fellows in teacher training programs in
colleges throughout our State. The loss of these discretionary programs
will not only adversely affect potential recipients of teacher training
and professional development, but will virtually cut off those tribal
communities which benefit from students returning to education
professions on reservations.
In terms of local empowerment, Native Americans remain at a distinct
disadvantage. While the growth rate of native populations is
accelerating rapidly, the nearly 2 million American Indians living in
the United States in 1990 represented an increase of 39 percent over
the 1980 total, American Indians and Alaska Natives still comprise less
than 1 percent of the total U.S. population. With more than 500
American Indian tribes and Alaska Native villages, the population is
also highly diverse in terms of culture and need. Small in numbers,
isolated and diverse, this is a population that clearly needs and
deserves our special attention.
There are strong historical and moral reasons for continued support
of this program. In keeping with our special trust responsibility to
sovereign Indian nations, we need to promote the self-determination and
self-sufficiency of Indian communities. Education is absolutely vital
to this effort. The elimination of the Office of Indian Education would
violate the Government's commitment and responsibility to Indian
nations and only slow the progress of self-sufficiency.
This question of eliminating the Indian education programs is not
just about dollars and programs for a population in need. It is also
about helping communities and cultures to survive.
Mr. RICHARDSON. Mr. Chairman, in conclusion, let us invest in people
and children. R&D for fossil energy can be done by the private sector,
but let us not stop this investment in kids, in programs, and
education. I urge support for the Obey-Richardson-Clayton amendment.
Mr. Chairman, I also want to respond to charges that our amendment
restores unnecessary bureaucracy. Only $3.8 million of last years $83
million appropriated for title IX funding was spent on the Office of
Indian Education and the National Advisory Council on Indian Education.
What Mr. Coburn's amendment, should it be offered, does not do is
provide funding for special programs for Indian children and programs
for Indian adult education. This is wrong.
The CHAIRMAN. The Committee will rise informally in order to receive
a message.
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