[Congressional Record Volume 141, Number 139 (Friday, September 8, 1995)]
[House]
[Pages H8708-H8709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 APPOINTMENT OF CONFEREES ON H.R. 1977, DEPARTMENT OF THE INTERIOR AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1996

  Mr. REGULA. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table 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 Senate 
amendments thereto, disagree to the Senate amendments and agree to the 
conference asked by the Senate.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  Mr. GALLEGLY. Mr. Speaker, reserving the right, I will not object, 
but I did want to take the opportunity to address the distinguished 
chairman of the Interior Appropriations Subcommittee. As the chairman 
knows, the Committee on Resources has approved H.R. 1332, which would 
eliminate the Office of Territorial and International Affairs [OTIA] 
and terminate its programs. This action will save taxpayers $16 million 
in fiscal year 1996 and $117 million over the next 7 years. This 
authorization bill, which I introduced, received widespread bipartisan 
support and is currently awaiting floor consideration.
  Mr. Speaker, when the floor considered H.R. 1977, the Interior 
appropriations bill, I offered an amendment to delete the funding for 
the OTIA and its programs in accordance with our committee's work. The 
chairman graciously accepted my amendment. Unfortunately, the other 
body has gone in just the opposite direction in their appropriations 
bill by preserving in some ways and enhancing this unnecessary office 
in other ways. It is my hope that the Chair and other House conferees 
will stick firm to the House position in trying to eliminate this piece 
of bureaucracy.
  At the very least I would ask that, since both authorization 
committees have such opposite views of the future need of the OTIA, 
that the chairman not accept any legislative language from the Senate 
involving the OTIA or its programs and that they subject any 
appropriation for the OTIA, its programs or former territories, to an 
authorization.
  Mr. Speaker, this issue should be resolved by the authorization 
committees, and I would appreciate the chairman's consideration.
  Mr. Speaker, continuing my reservation of objection, I yield to the 
gentleman from Ohio [Mr. Regula].
  Mr. REGULA. Mr. Speaker, I thank the gentleman, and we certainly 
will.
  Mr. GALLEGLY. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.


           motion to instruct conferees offered by mr. yates

  Mr. YATES. Mr. Speaker, I offer a motion to instruct.
  The Clerk read as follows:

       Mr. YATES moves that the managers on the part of the House 
     at the conference on the disagreeing votes of the two Houses 
     on the bill, H.R. 1977, be instructed to disagree to the 
     amendment of the Senate numbered 158.

  The SPEAKER pro tempore. The gentleman from Illinois [Mr. Yates] will 
be recognized for 30 minutes, and the gentleman from Ohio [Mr. Regula] 
will be recognized for 30 minutes.
  The Chair recognizes the gentleman from Illinois [Mr. Yates].
  Mr. YATES. Mr. Speaker, I yield myself such time as I may consume.
  This is a straightforward motion instructing the House conferees to 
retain the moratorium on the hard rock mining claims. During House 
consideration of the bill, the gentleman from Wisconsin [Mr. Klug] and 
the gentleman from West Virginia [Mr. Rahall] offered an amendment to 
insert the existing moratorium language that has operated this year. 
The amendment was adopted by a bipartisan vote of 271 to 153.
  My motion tells the conferees to stay with the current moratorium 
language. It requires them to abide by the rule of the significant 
majority of the House to stop the corporate welfare that has resulted 
in companies receiving mineral rights worth hundreds of millions of 
dollars for as little as $2.50 an acre.
  The latest example of that, Mr. Speaker, was a few days ago when 
Secretary Babbitt was required to sign an application for a patent by a 
foreign company which is estimated to be able to mine 1 billion 
dollars' worth of minerals in return for a payment of $275. It is time 
to stop this raid on the Federal Treasury that has gone on for more 
than 100 years. It is time for the legislative committees to make 
substantive changes to the 1872 Mining Act.
  Mr. Speaker, my motion is a vote for fiscal responsibility, and I 
urge my colleagues to support the motion to instruct.
  Mr. Speaker, I reserve the balance of my time.
  Mr. REGULA. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Nevada [Mrs. Vucanovich].
  Mrs. VUCANOVICH. Mr. Speaker, I rise in opposition to the motion to 
instruct House conferees to accept the mining patent moratorium, and I 
urge my colleagues to vote ``no.''
  The House adopted a 1-year moratorium on issuing mining patents. The 
Senate, however, took another tack. Senate provisions would require 
fair market value of the surface value of patented lands. The Senate 
also adopted a reverter clause so that, if land patented for mining is 
ever used for any other purposes, it reverts back to Federal control.
  The Senate provisions raise revenue while the house provisions do 
nothing but preserve the status quo. Comprehensive mining law reform 
proposals are pending in both the House and the Senate. These proposals 
include royalties, which will lead to additional increases in revenue 
to the Treasury. However, past experience has shown that a patent 
moratorium will stifle any progress toward comprehensive mining law 
reform and preserving the status quo which both sides of this issue 
agree is not acceptable. The only responsible position is to oppose the 
motion to instruct, thus bringing in revenue and clearing the way for 
comprehensive mining law reform.
  I urge my colleagues to vote against the motion to instruct.
  Mr. YATES. Mr. Speaker, I yield myself 1 minute.
  I had neglected in my opening remarks to point out that the most 
important and significant leader in support of the patent moratorium in 
this House has been the chairman of this appropriations subcommittee 
the gentleman from Ohio [Mr. Regula]. His speeches on this subject have 
been illuminating and have been very persuasive, and I know that he 
will be very, very persuasive in support of the House position at such 
time as we meet on the conference.

[[Page H 8709]]

  Mr. POSHARD. Mr. Speaker, I rise today in strong opposition to H.R. 
1977, the 1996 Interior appropriations bill. Last year I supported 
important legislation, signed into law by President Clinton, increasing 
payment in lieu of taxes [PILT] by more than 100 percent over 5 years 
to counties which have Federal land holdings in their jurisdiction. 
However, the 1996 House Interior appropriations bill does not 
appropriate the funds necessary to implement the phased-in increase to 
PILT payments passed by Congress.
  The purpose of last year's PILT legislation was to give additional 
help to counties who suffer lost tax revenue from the presence of 
Federal lands. The PILT program provides financial stability and 
opportunities for our counties which would otherwise be left without 
sufficient tax revenue. However, for many years these payments were not 
allowed to grow with inflation. In recognizing the importance and 
success of the PILT program, Congress made a commitment to allow for a 
substantial increase in these payments, an increase many counties were 
expecting and relying upon to provide the basic services which they 
deliver.
  Several counties in the 19th Congressional District, which I am proud 
to represent, rely greatly on the PILT program. Johnson, Hardin, and 
Pope counties are all home to the Shawnee National Forest, and without 
an increase in PILT assistance, I am afraid they will be forced to face 
some very difficult times. It is unfair that these counties should have 
to suffer financially simply because they are home to one of our 
national forests. I believe this is a case when Government has a 
responsibility to provide necessary and fair compensation to counties 
with federally owned lands.
  I have long supported efforts to balance the Federal budget, and I 
recognize the fact that balancing the budget will require some tough 
choices. However, I do not agree we should back away from providing 
much needed financial assistance to our counties and communities in 
order to pay for a package of tax cuts, many of which affect only 
upper-income individuals and corporations. The truth is, Congress can 
balance the budget, but not on the backs of those who sincerely need 
the help of Government.
  In closing, I urge the bill's conferees to include the necessary 
funding to implement the increase in PILT funding as prescribed by 
Congress and the President. Without the inclusion of an increase in 
PILT funding to reflect the promise Congress made to many of our 
counties across this Nation, I am afraid I will be unable to support 
the conference report.
  Mr. SKAGGS. Mr. Speaker, I urge adoption of this motion. I joined in 
voting for the patent moratorium when the Interior appropriations bill 
was on the House floor, and I intend to press for retaining the 
moratorium when we meet in conference with the other body.
  The time has long since come for reforming the obsolete mining law of 
1872. Just this week, we had another reminder of how outdated that law 
is when Secretary Babbitt was forced to give a foreign mining company 
ownership of 110 acres of Federal lands containing an estimated billion 
dollars' worth of minerals--for which the company paid just $275.
  Let me repeat: under the mining law of 1872, the Federal Government 
was forced to sell lands with a billion dollars worth of minerals for 
the grand total of $275, with no provision for the taxpayers--the 
owners of the Federal lands--to get any royalties, of the kind that are 
routinely paid in connection when these kinds of minerals are developed 
on other lands.
  So, the current situation is bad. But it would be even worse except 
for the fact that the Interior appropriation bill for the current 
fiscal year included a partial patent moratorium--that is, a partial 
moratorium on land sales under the 1872 Act. The effect of that 
moratorium is to reduce the number of such unfair, budget-busting 
sales, and so to protect the taxpayers while Congress works to reform 
the mining law.
  In the last Congress, in addition to the partial moratorium, both the 
House and the Senate passed bills to replace this obsolete mining law 
with a modern statute. Unfortunately, however, the conferees were 
unable to reach agreement on a final version. So, the reform job 
remains unfinished.
  We need to keep working on this. And we need to renew the moratorium, 
to continue protecting the taxpayers in the meantime. That's why the 
House was right to adopt the Klug-Rahall amendment--the amendment to 
renew the moratorium--when the 1996 Interior appropriations bill was on 
the floor. And that's why we should adopt this motion to instruct, in 
the interests of protecting the taxpayers and advancing the process of 
reform.
  Mr. YATES. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. REGULA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentleman from Illinois [Mr. Yates].
  The motion to instruct was agreed to.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. Without objection, the Chair appoints the 
following conferees: Messrs. Regula, McDade, Kolbe, Skeen, and Mrs. 
Vucanovich, and Messrs. Taylor of North Carolina, Nethercutt, Bunn of 
Oregon, Livingston, Yates, Dicks, Bevill, Skaggs, and Obey.
  There was no objection.

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