[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[Senate]
[Pages S11475-S11477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           OMNIBUS PARKS BILL

  Mr. MURKOWSKI. Mr. President, there has been a great deal of interest 
from many Members in the disposition of the omnibus parks bill. As the 
Chair is aware, we as a committee, the Energy and Natural Resources 
Committee, met in conference and reported out the Presidio package 
several days ago, which contains 126 separate sections covering some 41 
States.
  We sent it over to the House. There was an implication regarding 
taxes on one particular section. We attempted to clear it over here. We 
had an objection. That objection has been addressed. It is my 
understanding that, procedurally, this matter can move from this body, 
assuming there is no further objection.
  There is another track that is underway by some Members--mostly from 
the other body--that suggest that the disposition of the omnibus parks 
bill should be in the appropriation bill, the CR that is forming. I 
find that extraordinary because there are authorizers and there are 
appropriators. My committee, as an authorizing committee, has done its 
job. The Committee on Natural Resources, chaired by Representative 
Young, has done its job. We got our packages together. We had further 
communicated with the White House over a week ago, addressing 
specifically certain contentious sections and asking for a disposition.
  There are, initially, four major items in dispute. One was the Utah 
wilderness issue. The administration saw fit to initiate the invocation 
of the Antiquities Act to take care of the Utah wilderness. In other 
words, it was a land grab; the administration simply took 1.8 million 
acres and didn't notify the Utah delegation--the Governor, the Members 
of the Senate or the House. It was really a land grab, with no public 
process, which this administration highlights as part of their 
philosophy. We had been debating Utah wilderness for an extensive 
period of time and hadn't resolved it. But the democratic process was 
going on, people were being heard, different views were being heard.
  It wasn't so long ago that we had an opportunity to debate the 
California wilderness bill. There was no antiquities application or 
land grab there. They let the democratic process move forward. The 
reason I point this out is because that was a contentious item, Utah 
wilderness. We withdrew it because of the threat of a veto.
  Another contentious issue involved a 15-year extension for the only 
manufacturing plant in my State of Alaska. Without a 15-year extension, 
it could not make the $200 million investment to change that plant from 
a conventional pulp plant to a chlorine-free plant. They needed that 
commitment. The Forest Service would put up the timber so they could 
amortize the investment. The administration chose to object to that. 
The problem is, of course, that there is no source of timber, other 
than Federal timber, because all of southeastern Alaska is part of the 
Tongass National Forest. The communities are in the forest. The 
communities were assured at the time the forest was created that there 
would be enough timber to maintain a modest timber industry. So out of 
the 17 million acres of the forest, we have digressed down to trying to 
maintain an industry on about 1.7 million acres.
  The pathetic part of it is, Mr. President, only roughly half of the 
timber is suitable for pulp. It is either dead, dying, or immature, in 
the sense that there is not enough soil to continue to maintain growth 
to full maturity. It has no other use. The reason this pulp mill was 
created is so we would have a tax base--this is the only year-round 
manufacturing plant in the State--and to secure jobs, and we would not 
have to export the pulp out of the State of Alaska--at that time, it 
was the territory of Alaska--down to the mills in the State of 
Washington, or to British Columbia, or Oregon.
  Well, by the administration's dictate of lack of support for the 
extension, this mill will close. So the Senator from Alaska has taken 
his hit. I withdrew that from the omnibus parks package. Then we had 
the grazing issue. The administration objected to the fee structure of 
grazing on public land--the traditional Western use of public land. So 
we withdrew that. Then we moved up to Minnesota and we had the Boundary 
Waters Area. This was a question of whether you could use small 
motorized four-wheelers to haul small boats, canoes, and so forth, over 
a trail between the lake system. It is all right for the young folks to 
get 10 people out there and push it, but some of the older folks need 
some motorized assistance. They objected to that. So we took that out.

   Mr. President, as justification for that I ask unanimous consent 
that the letter from the OMB outlining the objections be printed in the 
Record, along with a list.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Executive Office of the President, Office of Management 
           and Budget,
                               Washington, DC, September 25, 1996.
     Hon. Trent Lott,
     Majority Leader,
     U.S. Senate, Washington, DC.
       Dear Mr. Lott: I am writing to provide the Administration's 
     initial views on the conference report on H.R. 1296, the 
     Omnibus Parks Legislation, that was filed last night. We are 
     still in the process of reviewing this extensive legislation 
     and understand that a number of changes were made to the 
     conference report from the version of the bill we reviewed 
     late last week. But, on the basis of our review of the 
     conference report language, the President would veto the 
     conference report.
       The conference report still includes provisions that are 
     unacceptable to the Administration including: unwarranted 
     boundary reductions to the Shenandoah and Richmond 
     Battlefield National Parks in Virginia, special interest 
     benefits adversely affecting the management of the Sequoia 
     National Park in California, permanent changes in the process 
     for regulating rights of way across national parks and other 
     federal lands, unfavorable modification of the Ketchikan Pulp 
     Company contract in the Tongass National Forest, erosion of 
     coastal barrier island protections in Florida, and mandated 
     changes that would significantly alter and delay the 
     completion of the Tongass Land Management Plan.
       We have repeatedly stated our strong support for 
     legislation to improve the management of the Presidio in San 
     Francisco, use Federal funds to help acquire the Sterling 
     Forest in the New York/New Jersey Highlands Regions, and 
     establish the Tallgrass Prairie National in Kansas. We have 
     also repeatedly stated our strong willingness to work with 
     you to develop bipartisan, compromise legislation that 
     protects our Nation's natural resources. This conference 
     report does not meet that test. We remain willing to work 
     with you to develop a compromise package that could be 
     included in a bill to provide continuing appropriations for 
     FY 1997.
           Sincerely,
                                               Franklin D. Raines,
                                                         Director.

[[Page S11476]]

                     H.R. 1296, Omnibus Parks Bill

------------------------------------------------------------------------
              Sec.                                Title                 
------------------------------------------------------------------------
101............................  Presidio (CA).                         
201............................  Yucca House (AZ) boundary.             
202............................  Zion NP (UT) boundary.                 
203............................  Pictured Rocks (MI) boundary.          
204............................  Independent Hall (PA) boundary.        
205............................  Craters of the Moon (ID) boundary.     
206............................  Hagerman Fossil Beds boundary.         
207............................  Wupatki (AZ) boundary.                 
208............................  Walnut Canyon (AZ) boundary adj.       
209............................  Butte County (CA) conveyance.          
210............................  Taos Pueblo (NM) land transfer.        
211............................  Colonial (VA) NHP transfer.            
212............................  Cuprum (ID) relief (FS).               
213............................  Ranch A (WY) land conveyance.          
214............................  Douglas (WY) relinquishment of         
                                  interest.                             
215............................  Modoc (CA) NF boundary expansion.      
217............................  Cumberland Gap (VA) NHP exchange.      
221............................  Merced (CA) irrigation district        
                                  exchange.                             
222............................  Father Aull (NM) land transfer.        
301............................  Targhee (ID) NF land exchange.         
302............................  Anaktuvuk Pass (AK) land exchange.     
305............................  Arkansas and Oklahoma land exchange.   
306............................  Big Thicket (TX) land exchange.        
307............................  Lost Creek (MT) land exchange.         
308............................  Cleveland (CA) NF land exchange.       
310............................  BLM reauthorization.                   
402............................  Rio Puerco (NM) wastershed.            
403............................  Old Spanish Trail study.               
404............................  Great Western Trail (CO and others).   
407............................  Lamprey (NH) wild and scenic river.    
408............................  West Virginia rivers amendments.       
409............................  Wild & Scenic River technical amend.   
410............................  North St. Vrain Creek (CO) protection. 
501............................  Selma-Montgomery (AL) historic trail.  
503............................  Kaloko-Honokohan (HI) commission ext.  
504............................  Boston Library (MA) carry NPS material.
505............................  Women's Rights NHP (NY) amendments.    
506............................  Black Rev. War Patriots memorial ext.  
507............................  Hist. Black Colleges historic          
                                  buildings.                            
508............................  Martin Luther King memorial in D.C.    
509............................  ACHP reauthorization.                  
510............................  Great Falls (NJ) Historic District.    
511............................  New Bedford (MA) Nat. His. District.   
512............................  Nicodemus (KS) Nat. His. Site.         
513............................  Unalaska (AK) affiliated area.         
514............................  Japanese American memorial in D.C.     
515............................  Manzanar (CA) NHS land exchange.       
516............................  AIDS Memorial Grove (CA) memorial.     
601............................  U.S. Civil War Center (LA) at LSU.     
605............................  American Battlefield Protection.       
606............................  Chikamauga (GA) NMP auth. increase.    
702............................  Delaware Water Gap (PA) fees.          
801............................  Remove limit on park buildings.        
802............................  Authority for NPS to transport         
                                  children.                             
804............................  NPS museum properties.                 
805............................  Volunteers in parks.                   
807............................  Carl Garner cleanup day.               
808............................  Fort Pulaski (GA) reservation removal. 
809............................  Laura Hudson Vis. Center (LA) renaming.
810............................  Lagomarsino Vis. Center (CA) renaming. 
812............................  Dayton (OH) Aviation Heritage amend.   
813............................  Angeles NF (CA) transfer prohibition.  
814............................  Grand Lake Cemetery.                   
817............................  William Smullin (OR) BLM visitor       
                                  center.                               
901............................  Blackstone (MA) heritage area amend.   
902............................  Illinois & Michigan Canal (IL) NHA     
                                  amend.                                
1001...........................  Tallgrass Prairie (KS) Nat'l Preserve. 
1011...........................  Sterling Forest (NY/NJ).               
1023...........................  Recreation lakes commission.           
1024...........................  Bisti/De-Na-Zin (NM) wilderness expand.
1025...........................  Opal Creek (OR) wilderness and rec.    
                                  area.                                 
1026...........................  Upper Klamath Basin (OR) restoration.  
1027...........................  Deschutes Basin (OR) restoration.      
1030...........................  Bull Run (OR) watershed protection.    
1031...........................  Oregon Islands (OR) wilderness         
                                  additions.                            
1032...........................  Umpqua River (OR) land exchange study. 
1033...........................  Boston Harbor Islands (MA) NRA.        
1035...........................  Elkhorn Ridge (CA) BLM substitute      
                                  timber.                               
Added in conference:                                                    
313............................  Kenai Natives (AK) land exchange--House
                                  version only.                         
1042...........................  Katmai (AK) NP subsistance fishing.    
1101...........................  California Bay Delta Environment.      
(NPS advises it could support                                           
 individual heritage area                                               
 designations if overall                                                
 program authority in HR 1296                                           
 is deleted or replaced with HR                                         
 1301.)                                                                 
                                 Essex (MA) NHA.                        
                                 Ohio and Erie Canal (OH) NHA.          
                                 Augusta (GA) NHA.                      
                                 Steel Industry (PA) NHA.               
                                 South Carolina NHA.                    
                                 Tennessee Civil War NHA.               
                                 West Virginia Coal NHA.                
                                 Great Northern Frontier (NY) study.    
                                 Lower Eastern Shore (MD) study.        
                                 Champlain Valley (VT) study.           
------------------------------------------------------------------------


  Mr. MURKOWSKI. Mr. President, I thank the Chair.
  Mr. President, that being done, we assumed that the administration 
may have mild objection to others. But last night we had a proposal 
from the administration. I want those that are watching in the offices 
to pay particular attention because I am going to refer to those in the 
balance of my remarks because, if you look at them, I can't say they 
are nonpartisan. They are very partisan as to what they now want 
omitted from the package. So it seems like they have goalposts on 
wheels because now they want more omitted. Not only do they want more 
omitted but they do not want this package that the authorizers have 
completed in both the House and Senate. They don't want this package to 
be presented in the two bodies.
  As evidence of that, Mr. President, I read the accompanying letter 
dated September 25. I think just the last sentence is in order. The 
letter is from Franklin D. Raines, Director of the Executive Offices of 
the President. ``This conference report''--which is our authorizing 
effort--``does not meet the test. We remain willing to work with you to 
develop a compromise package that could be included in a bill to 
provide continuing appropriations.''
  So what they want to do is they want to cherry pick this 126-section, 
41-State report--over 2 years of effort. Some of these things have been 
before my committee for over 4 years. Our committee acted in a 
bipartisan manner. We took the issues on the merits.
  Let me show you what the administration proposed last night, and you 
can judge for yourselves.
  Of course, title I, the Presidio, which we all support, is included. 
But when we get into title II, the Boundary Adjustments and 
Conveyances, it is rather interesting.
  Section 216 they want omitted. That is conveyance to the city of 
Sumpter, OR. That happens to be Senator Hatfield.
  Section 218, Shenandoah National Park: That is Senator Warner. 
Senator Jeffords has an interest I believe, and Senator Robb also has 
an interest.
  Section 219, Tulare conveyance: The Colorado delegation and perhaps 
the Utah delegation has an interest.
  Section 220, the Alpine School District: Senator Hatfield. They want 
that omitted.
  Section 223, Coastal Barrier Resource System in Florida: Senator 
Mack, Senator Graham, and I believe the Governor of Florida, a 
Democrat, happens to feel very strongly that this should be in there. 
They want that stricken.
  There is a Unified School District. I think that is the California 
issue.
  Several in Alaska: The Alaska Peninsula Subsurface Consolidation, 
which is a very, very small consolidation on the Alaskan Peninsula.
  But here is a big one they want stricken: Snowbasin Land Exchange 
Act. That is big in Utah. That is big in the Olympics. That is big in 
Idaho. That is big out west. This is going to allow a land exchange so 
Utah can hold the winter Olympics. They want it stricken out of here. 
They don't want it. They don't want that land exchange. There are some, 
evidently, environmental objections somewhere. It must be a lot 
stronger than we thought. We held hearings on it. The base of support 
from the States and the Olympic Committee spoke for itself.
  Sand Hollow Land Exchange: Another Utah issue they want stricken.
  Out in Colorado, section 311, 312, 313: Land exchange with the city 
of Greeley, CO, for the water supply and storage company.
  And, then there are a couple more: Gates of the Arctic Land Preserve 
Exchange; the Native's association land exchange.
  They own our State. There is no question about that. As we try to 
make adjustments to accommodate our citizens, we go through a process 
of hearings, get the input, and get the State administration involved.

  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. MURKOWSKI. Mr. President, I was not aware there was a time limit 
on morning business.
  The PRESIDING OFFICER. There is a time limit on morning business.
  Mr. MURKOWSKI. I ask unanimous consent that I may have another 5 
minutes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. MURKOWSKI. I thank the Chair. I will try to be a little more 
rapid.
  Colorado, section 101: Cache La Poudre corridor, Senator Brown, 
Senator Campbell.
  RS2477, Section 405: An Alaskan issue.
  They want to strike 406, the Hanford Reach protection which is out in 
the State of Washington.
  Section 502, which is an historic area, the Vancouver National 
Historical Reserve: Gorton; Murray. They want to strike that.
  Civil and Revolutionary War sites: That is section 602.
  The Corinth, Mississippi Battlefield Act: I believe Senator Lott.
  The Richmond National Battlefield Park: Senator Warner, and perhaps 
Senator Robb.
  Section 604, the Revolutionary War, and the War of 1812 Historic 
Preservation Study: Senator Jeffords.
  The Shenandoah Valley Battlefield: Senator Warner and Senator Robb:
  Ski area permit for rental charges they want stricken.
  Visitors' services they want stricken. This is a park fee.
  Glacier Bay National Park: Section 704 stricken.
  And then out in the West: Senator Bond, Senator Ashcroft, section 
803, referral, burros and horses.
  And, moving on, another Alaskan issue, 806, Katmai.
  Senator Campbell, section 811: Expenditure of Funds Outside 
Authorized Boundaries of the Rocky Mountain National Park, stricken.
  Section 815: National Park Service Administration Reform; Senator 
Baucus, and Senator Feinstein, I believe.
  Mineral King, additional permits, Section 816, stricken.
  Section 818, Calumet Ecological Park: I believe that is Senator 
Simon, and Senator Moseley-Braun.

[[Page S11477]]

  Moving over to others: Black Canyon of the Gunnison National Park 
Complex, stricken; 1021, Senator Campbell, National Park Foundation, 
Senator Bumpers and myself, stricken; 1027, 1028, 1029, the Deschutes 
basin ecosystem, Senator Hatfield; Mount Hood Corridor Land Exchange, 
Hatfield; creation of a forest; Senator Hatfield; 1034, Natchez 
National Historical Park, Senator Cochran; and the rest of them are in 
this section 1035; and a few Alaskan issues of little consequence.
  Mr. President, the point I want to conclude with is we as authorizers 
have done our job. There is an effort now to circumvent the legitimate 
process of the authorizers by momentum of the administration to put 
this in the appropriations package. I have committed to Senator Gorton. 
If they want to put the whole thing in, that is one thing. But I am not 
going to see the effort made by our authorizing committee and our 
conferees to have this simply cherry picked. Otherwise, there is 
absolutely no reason for our existence. If the appropriations process 
is going to pick up and cherry pick what we have done when we are ready 
to go, we have our holdings--at least I am sure on our side--addressed 
because of the way this process would proceed. The way this process 
would proceed, Mr. President, since we are ready to send it back over 
to the House by taking off the technical blue slip because of the tax 
implications, but we have to do that, of course, without objection. We 
are ready to do that.

  Our job is done. The only risk to this is in sending it and 
subjecting it to a vote for recommittal. If the vote fails, the package 
is dead. But it will not fail. It will not fail in the House. It will 
not fail here. Give us a chance to vote on the package. Give us a 
chance to vote on what the authorizers have done here.
  I implore my colleagues, particularly those who have been around here 
for a while, to recognize what this attempt is all about. They did not 
think we could get a consensus on the parks omnibus package. They 
thought all along they would be able to cherry-pick what they want out 
of it, but we fooled them. We got our job done. And now they are using 
the momentum of some in the minority to suggest they are going to go 
ahead anyway.
  Well, we will see about that. We are ready to go. Our job is done. 
And to suggest some expeditious action by including it in the 
appropriations process at this late stage simply is not the way the 
Senate is supposed to function. I know that all of us get frustrated 
from time to time relative to our chairmanships, but this is a travesty 
of the process if this is a successful effort to cherry-pick those 
things and put them in the appropriations process when we are ready to 
go now. We can have it done today. We should be allowed to proceed.
  So I hope that the leadership would reflect on that at noon when we 
proceed with the remainder of the calendar and just how we are going to 
treat these provisions, specifically the omnibus parks legislation, 
because at noon we will be ready to go subject to an objection. If 
there is an objection, I hope those objecting will come up with an 
alternative so that we can meet their objections, because our job is 
done. Technically, there is no reason why the parks omnibus package 
should not move ahead as it was intended and designed to do and as 
reported by the Committee on Energy and Natural Resources.
  Mr. President, I yield the floor.
  Mrs. KASSEBAUM addressed the Chair.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mrs. KASSEBAUM. Mr. President, I certainly understand and sympathize 
with the distinguished Senator from Alaska [Mr. Murkowski], who, as 
chairman of an authorizing committee, has before us an important bill 
on which time has been spent and many hearings have been held. It is 
enormously frustrating not to be able to have that put before us and 
acted upon. I am very supportive of the efforts he spoke of regarding 
the Presidio bill.

                          ____________________