[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11626-S11628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S11626]]
THE OMNIBUS PARKS BILL
Mr. MURKOWSKI. Mr. President, I rise to address again the status of
one of the major environmental pieces of legislation before this body,
and that is the omnibus Presidio parks package which is currently
before this body.
There is still time to pass that package in this Congress while the
House is still in session. But once the House sends the CR over, it
will be simply too late. Where that matter is currently, Mr. President,
is there is a hold on it here in the U.S. Senate, and that hold is by
the Clinton administration.
The justification for that hold is very difficult to reflect because
this Senator, as chairman of the Energy and Natural Resources
Committee, has continued to try to work with the administration to
address its objections.
The first group of objections and veto threats covered Utah
wilderness, which was stricken from the package; grazing, which was
stricken from the package; the 15-year Tongass extension, which was
stricken from the package; and, finally, the Minnesota wilderness
boundaries, which was stricken from the package.
We felt we had met the administration's objections responsibly. Then,
the day before yesterday, they presented approximately 42 other
sections that they wanted removed. We met with representatives from the
White House and tried to get an explanation as to the justification for
these. Last night, I sent a letter to Mr. John L. Hilley, Assistant to
the President, giving them information, a justification, for the
approximately 42 items they wanted stricken.
I ask unanimous consent that a letter of September 27 and the
accompanying explanation be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
United States Senate,
Committee on Energy
and Natural Resources,
Washington, DC, September 27, 1996.
Mr. John L. Hilley,
Assistant to the President and Director for Legislative
Affairs, The White House.
Dear Mr. Hilley: After our discussion earlier today, I
thought it would be constructive if as Chairman of the
Conference on H.R. 1296, I provided you with comments on the
items to which the Administration appears to object by virtue
of the fact they were not included on the list of acceptable
items you provided to me late last night.
As you will see many of the legislative provisions
previously passed the House under suspension with no
Administration objections. Still other provisions passed the
Senate or the House after the Administration testified in
support. Others had passed the House or Senate after bi-
partisan negotiations had attempted to address specific
Administration concerns. Yet other provisions, while
important to individual members, relate to such minor matter
as the study of a four foot radio tower at the site of an
existing tower on a national forest. It is difficult to
comprehend an objection to such a provision in the context of
this conference report. Finally, some provisions to which you
apparently object have the broad bi-partisan support of House
and Senate delegations, often including the Governor of the
relevant state.
I hope this information is helpful to the Administration in
re-considering its position. Tomorrow I will again attempt to
recommit H.R. 1296 to conference for the purpose of allowing
the conferees to meet and consider changes to the conference
report. If the Administration would care to present
information concerning its objections to specific provisions
at such a meeting of the conferees I would be pleased to
arrange this meeting and give the information presented due
consideration. Obviously such a meeting will not be possible
unless H.R. 1296 is recommitted to conference. I believe that
in the short time remaining in the 104th Congress this is a
reasonable path to take to a successful conference report. It
is my sincere hope that for the benefit of the many intensely
interested members both Democrat and Republican, some
retiring at the end of this Congress, this important parks
and public lands legislation will pass the Congress.
Sincerely,
Frank H. Murkowski,
Chairman.
____
Provisions in Presidio Conference Report which would invoke a ``Veto''
216--Conveyance to City of Sumpter Oregon: Authorizes
Secretary of Agriculture to convey 1.5 acres to City of
Sumpter, Oregon for public purposes. Administration raised no
objections when bill passed under suspension in the House.
218--Shenandoah National Park: Adjusts 1923 Park boundary
authorization to match today's existing park boundary.
Similar bill passed House 377-33 under suspension. Provision
has support of bi-partisan VA Delegation.
219--Tulare conveyance: Clears title of 14 acres owned by a
railroad to citizens of Tulare, California. Attempt by City
of Tulare to clean-up blighted downtown area. Hearings held
and provision was reported by Resources Committee. DOI
reportedly has no objection.
220--Alpine School District: Conveys 30 acres of land to
the Alpine school district for a public school facility.
Passed House by suspension and Administration never raised
objection.
223--Coastal Barrier Resource System: Removes 40 acres of
developed property out of a 1.2 million acre Coastal Barrier
Resource System. Reported by the Resources Committee.
Supported by bi-partisan Florida Delegation and the Governor.
224--Conveyance to Del Norte County Unified School
District: Transfers small acreage to the School district in
California for educational purposes. Passed House under
suspension. Provision includes Forest Service requested
amendments.
303--Alaska Peninsula Subsurface Consolidation: Authorizes
Secretary to exchange subsurface holdings of Koniag
Corporation on an equal value basis for lands and interest
owned by the federal gov't. Passed House and Senate. Included
in the original Presidio package, the Administration
indicated it would sign.
304--Snow-Basin Land Exchange: Would allow expedited land
exchange to facilitate the 2002 Winter Olympics. Passed both
House and Senate. Included in the original Presidio package,
the Administration indicated it would sign.
309--Sand Hollow Exchange: Equal value exchange in Zion
National Park to transfer water development rights in order
to protect Zion National Park. Passed the House. The
Administration has indicated support.
311--Land Exchange City of Greely, Colorado: Equal value
exchange to secure property needed by the city to secure
protection of the city's water supply.
312--Gates of the Arctic National Park and Preserve Land
Exchange, and Boundary Adjustment: This would add more than 2
million acres of native owned lands to Gates of the Arctic
National Park and Preserve in AK--in exchange for lands in
the NPR-A.
313--Kenai Natives Association Land Exchange: This would
facilitate exchange between KNA and the FWS to allow an
Alaska Native Corp. to gain economic use of their land--this
would be an acre-for-acre exchange. An Administration
supported two-for-one acre exchange passed the House.
401--Cache La Poudre Corridor: Establishes a corridor to
interpret and protect a unique and historical waterway.
Included in the original Presidio package, the Administration
indicated it would sign.
405--RS2477: Places a moratorium on final regulations
without Congressional approval. Language agreed to by Senate
Republicans and Democrats and the Administration. Reported by
Energy Committee.
406--Handford Reach Preservation: Extends a moratorium on
construction of any new dams or impoundments in this area.
Passed House under suspension without Administration
objections.
502--Vancouver National Historic Reserve: Establishes a new
historic reserve. Administration testified in support. Passed
the Senate. Hearings held in both bodies.
602--Corinth, Mississippi Battlefield Act: Establishes a
visitors center at Shiloh National Military Park in
Mississippi. Included in the original Presidio package the
Administration indicated it would sign. Passed the Senate.
603--Richmond National Battlefield Park: Establishes
boundary in accordance with new NPS management plan dated 8/
96. Passed the House 337-33 under suspension. Administration
opposed House-passed bill, however it has been modified to
address their concerns. Supported by the bi-partisan Va.
Delegation.
604--Revolutionary War: A study to determine if these sites
warrant further protection. Senate Energy reported bill--
Administration testified in support. Hearings in both bodies.
607--Shenandoah Valley Battlefield: Establishes Historical
Area. Does not create a new park. Administration opposed
House-passed bill, however it has been modified to address
their concerns. Supported by the bi-partisan Va. Delegation.
701--Ski area permits: Simplifies ski area fee collection.
Passed House and Senate. Included in the original Presidio
package the Administration indicated it would sign.
Administration testified in support.
703--Visitor services: Would raise $150 million for parks
to help with badly needed repairs of existing park
structures. 100% of new fees go back to the parks. Provision
was modified to address Administration concerns.
704--Glacier Bay National Park: Raises fees to support
research and natural resource protection through a per-person
charge on vessels entering Glacier Bay.
803--Ozark wild horses: Would protect and prevent the
removal of a existing wild horse herds at Ozark National
Scenic Riverway. Passed the House under suspension without
Administration objection. Passed Senate Energy Committee.
806--Katmai National Park agreements: Authorizes research
in National Parks, including the ability of the USGS to
conduct volcanological research in Katmai National Park.
Administration has supported research cooperative agreements
for the last three Congressional sessions.
811--Expenditures of funds outside boundary of Rocky
Mountain National Park: Allows NPS
[[Page S11627]]
to build a visitor center outside the park with private
funds. Administration and the National Park Service requested
this provision. Passed the House under suspension. Passed
Senate Energy Committee.
815--NPS administrative reform: Provides authorities NPS
has requested for years-aids parks in protection of resources
and provide facilities for employees. Provides Senate
confirmation of NPS Director. Administration testified in
support at House hearings. Portions incorporated in President
Clinton's Earth Day address on National Parks. Passed House
under suspension with no Administration opposition.
816--Mineral King: Authorize the continuation of summer
cabin leases. Totally discretionary for the Secretary.
Supported by bi-partisan members of House and Senate
California Delegation. House hearings held. Reported by
Resources Committee. Provision has been modified to address
Administration's concerns.
818--Calumet Ecological Park: A study of the Calumet Lake
area to determine alternatives for preservation.
819--Acquisition of certain property in Santa Cruz:
Provides for the acquisition of property on Santa Cruz Island
to prevent the further destruction of the resource due to
over-population of feral goats.
1021--Black Canyon of the Gunnison National Park: Formally
designates a recreation area. Changes monument status to park
and creates a BLM Conservation area. Designates 22,000 acres
of wilderness. Energy Committee hearings held.
1022--National Park Foundation: Provides the opportunity
for the private sector to sponsor the NPS, similar to the
sponsorship of the Olympic games. Administration has
testified in support. Administration testified in support.
Part of President Clinton's Earth Day proclamation on Parks.
Provision has been modified to address last minute
Administration concerns.
1028--Mount Hood: Exchange between private company and
federal gov't. Passed the Senate with no Administration
objection.
1029--Creation of the Coquille Forest: Equal value exchange
creating a tribal forest. Passed the Senate with no
Administration objection.
1034--Natchez National Historical Park: Creates an
auxiliary area to a NPS unit and provides $3 million for an
intermodal transportation system and visitor center.
Administration testified in support at Energy Committee
hearing. Reported by Senate Energy.
1036--Rural electric and telephone facilities: Authorizes
BLM to waive right-of-way rental charged for small rural
electric and phone cooperatives.
1037--Federal borough recognition: Allows the unorganized
borough in Alaska to receive PILT payments. Language was
modified in conjunction with BLM and Administration has
raised no objections. Reported by Energy Committee.
1038--Alternative processing: Prohibits the termination of
a timber sale contract solely for the reason of failure to
operate a pulp mill. Provides flexibility so that jobs in the
sawmill portion of the contract are not lost along with the
pulp mill jobs. This is not a contract extension nor is it an
increase in timber harvesting. Language has been drastically
modified from original proposal. Hearing on contract issues
held in both bodies.
1039--Village land negotiations: Provides authority for the
Secretary to negotiated with five tiny Alaskan villages
regarding their entitlements under ANCSA. Language has been
modified to address Administration concerns. Provides the
Secretary with already existing authority to negotiate
without the restrictions of a legal challenge against him.
Language has been further modified from earlier versions and
does not include the conveyance of any land or assets.
Hearings held in both bodies.
1040--Unrecognized communities in SE Alaska: Authorizes the
native residents of five Southeast Alaska Villages to
organize as urban or group corporations under an amendment to
ANCSA. Provision does not direct grants of any federal land
or compensation to these villages without a future act of
congress. Language has been drastically modified from earlier
proposals in that it does not contain any guarantee of land
to the villages.
1041--Gross brothers: Transfers approximately 160 acres of
Forest Service land to Daniel J. Gross and Douglas K. Gross
of Wrangell, Alaska. These are the children of the original
homesteaders. Energy Committee hearing held.
1043--Credit for reconveyance: Would allow Cape Fox
Corporation to transfer 320 acres of land near the Beaver
Falls Hydro project to the Forest Service. CFC's ANCSA
entitlement would be credited with an equal amount of
acreage. This provision does not provide CFC any additional
entitlement. Hearing held in the House. Administration raised
no objection to this provision.
1044--Radio site report: A study to determine if an
existing radio site continues to be necessary.
1045--Retention and maintenance of certain dams and weirs
etc: Requires the Forest Service to maintain specific dams
and weirs in the Immigrant Wilderness Area.
1046--Matching land conveyance (University of Alaska):
Authorizes the Secretary of Interior to discuss a land grant
with the University of Alaska who has never received it's
federal entitlement under the Land Grant College Program.
Provides for a matching grant to the State. Prally excludes
lands that are part of a CSU or part of a National Forest.
Mr. MURKOWSKI. I concluded my letter by making the statement:
I believe that in the short time remaining in the 104th
Congress this is a responsible path to a successful
conference report. By accepting the package that has been
reduced as a consequence of the objections of the
administration, it is my sincere hope that for the benefit of
the many intensely interested Members, both Democrat and
Republican, some retiring at the end of the Congress, it is
important the parks and public land legislation will pass.
In that letter, I agreed to continue to meet with the administration
to address their ongoing concerns in order to expedite a response and a
successful conclusion of this matter.
Well, I have had no response to that letter, Mr. President. So it is
difficult for me to comprehend the basis of their objections, and it is
even more difficult for me to understand their reluctance to support
this package, recognizing the significance of many of the items in it.
This package contains five new parks, provides better protection for
existing parks and historic sites, establishes new memorials, including
memorials to Martin Luther King, black Revolutionary War patriots, and
Japanese War patriots, protects rivers from coast to coast, from the
Columbia River in Washington to the St. Vrain in Colorado and the
Lamprey in New Hampshire. The package also contains provisions which
protect the hallowed ground where the blood of American soldiers was
shed in battles.
The bill authorizes funding to begin restoration of the San Francisco
Bay cleanup and programs to start up the national park system, which
should serve to help us again attain the status of operating the
world's most outstanding park system. Of course, it also contains the
Presidio.
Mr. President, I looked at the veto list. I was struck by the fact
that while many of the measures were passed by the House with the
administration's support, a couple, specifically, were actually the
administration's language. Many of the items enjoy broad bipartisan
support. I guess the only common denominator is that each was
originally introduced by a Republican.
This should not be about politics. The activities within my
committee, the Energy and Natural Resources Committee, in reporting out
the bill and holding the hearings and accepting the bill, and the
discussions that took place were in total cooperation with the
minority. Senator Johnston and his professional staff went about the
business of taking Members' bills, holding hearings, reporting them
out, and doing the job.
We have done our job, make no mistake about it. We have a package
here--126 individual sections. This should not be about politics. This
package is about our natural resources and the culture and resources of
our parks, monuments, and public lands. I do not really care who takes
credit for passage of this legislation. It simply needs to be passed,
and passed now.
So if the hold by the administration as placed by the minority
continues, this legislation is dead. The administration is going to
have to bear this responsibility, and ultimately the President of the
United States, because this legislation is ready to go. There is one
hold on it, one hold by the Democratic leader on behalf of the
administration. If he would release that hold with instructions from
the administration, this package can go.
This is an election year, Mr. President. I do not know about the
politics down at the White House or how they evaluate this, but with
the major emphasis on California, I cannot understand why the
administration would not support the Presidio, why they would not
support the package associated with the cleaning up of the San
Francisco Bay area.
Mr. President, to give you some idea, if you want to talk about
politics, California is represented in the Senate by two Democratic
Senators. Senator Feinstein and Senator Boxer have been very supportive
on this legislation. For California alone, it contains the Presidio,
Elsmere Canyon, San Francisco Bay enhancement, the Butte County
conveyance, Modoc Forest boundary adjustment, Cleveland National Forest
conveyance, Lagomarsino Visitors Center, Tulare conveyance, Mineral
King, the Merced irrigation
[[Page S11628]]
district land exchange, the Manzanar historic site exchange, the AIDS
memorial grove, the Santa Cruz Poland acquisition, the Stanislaus
Forest managements, Del Norte school conveyance, and ski fees. More
than any other single State--California.
What have we done with the significant issue of the Olympics, which
provides for a ski-land exchange in Utah? The administration has seen
fit to object to that in the package. I can only assume that the
administration has written off Utah. The justification for that is
pretty hard to take when the National Ski Association supports this
land exchange. The Snow Basin exchange, so that the Olympics can take
place as planned up in the Ogden area, and the justification of the
administration objecting to that, again, certainly requires an
explanation. None is forthcoming. Mr. President, we still have had no
answer to our letter.
Mr. President, if you look at section 1044 of the bill, you will find
a provision which would require the Secretary of the Interior to
conduct a study on an existing radio antenna--a radio antenna which is
4 feet tall. The bill was introduced by Congressman Bono from
California. By Alaska standards the Congressman is not very tall, I
guess he could be considered ``vertically impaired''. He is however
taller than the 4 foot radio antenna that is addressed in this bill.
They list this as an objection for a veto, Mr. President. How
ridiculous. I cannot believe a 4-foot tall radio antenna would bring
down this needed, important legislation. That is in their veto message.
The American people deserve better from this Congress and the
administration. Mr. President, we have tried to meet with the White
House and they have told me the list is nonnegotiable. Well, what we
have attempted to do, Mr. President, in the structure of the process
around here, is to have hearings, get public participation, basically
have a process. What this administration proposes to do is a line-item
veto of sections out of this 126-section bill, at the expense of every
one of the 41 States that are affected.
If we can get this bill back to conference, I am willing to discuss
the issue. It is that important.
Now, the nonnegotiable list submitted by the administration appears
to be strictly a political campaign statement of some kind, but it is
beyond me how they will put a spin on this and blame the Republicans.
In many cases where the administration objects, apparently they are
opposed because the bill was introduced by a Republican Member of
Congress now running for reelection.
Consider that they object to the Alpine School District transfer of
30 acres of land to the Alpine School District for a public school; the
transfer of a few acres to the school districts in Del Norte, CA, for
educational purposes; removing 40 acres of development property out of
1.2 million acres of coastal barrier resource system--I don't know,
this is election-year politics--and Sterling Forest, which had been
anticipated to be in the bill. We have it in our 126-section document.
Sterling Forest isn't going to go anywhere; it is not in the CR. The
Presidio is not going to go anywhere; it is not in the CR. San
Francisco Bay cleanup is not going to go anywhere; it is not in the CR.
The coastal barrier amendments for Florida are not going to go
anywhere; they are not in the CR. We can go down to Mississippi, which
is, coincidentally the State where our majority leader hails from. In
Mississippi, we have the Corinth Visitor Center, which is not in the
CR, and the Historic Black College Funding, which is not in the CR, and
the Natchez Visitor Center.
Mr. President, there are many, many good Democratic-supported
sections to this bill which were offered by a Democrat: Senator Heflin
from Alabama, the Selma to Montgomery Historic Trail; in Arkansas, the
Arkansas-Oklahoma land exchange. You know how much that means to
Senator Bumpers. The Carl Garner Federal Lands Exchange. I have
mentioned the items in California. There are a couple in Georgia for
Senator Nunn. There is one in Hawaii, some in Idaho, Illinois,
Michigan. In Louisiana, for Senator Breaux and Senator Johnston, is the
Civil War Center and the Laura Hudson Visitor Center. In Massachusetts,
the Boston Harbor Islands Park establishment and the Blackstone
Heritage Area, the Boston Public Library on Freedom Trail, and the New
Bedford establishment. Senator Kennedy and I have worked on that to try
to accommodate his interests. In Michigan, the Pictured Rocks boundary
adjustment. In Montana, for Senator Baucus, is the Lost Creek exchange
and the ski fees. In New Jersey, Senators Bradley and Lautenberg,
Sterling Forest. In New York, the Women's Rights boundary adjustment. I
could go on and on. In Virginia, the Cumberland Gap, Shenandoah
National Park. In West Virginia, for Senator Byrd, the West Virginia
rivers.
There are items in here for every Member of the U.S. Senate, Mr.
President. It is ready to go. All the minority has to do is take off
the hold. Now, perhaps the administration has written off Alaska, and
maybe they have written off Utah. But I don't believe they have written
off California. This is a big issue for California. We are ready to go.
Why won't this administration let us take action on this? Why won't
they take off their hold? Why won't they let us vote on it? We can
still do it today while the House is in session. They want to line-item
veto it after a democratic process in the authorizing committee. They
evidently want to take over the role of the authorizing committee.
Well, it is a sad day, Mr. President, if indeed they prevail. They
are going to have to be held responsible by the American people for
killing the Presidio parks omnibus package and killing the work of my
committee and its members for the last 2 years. It is going to have
political implications for the administration when they have to explain
why they killed our major effort in the Olympics, why they killed the
Presidio, why they killed cleanup of the San Francisco Bay, why they
killed Sterling Forest.
Again, I implore the Democratic leadership one more time to contact
the White House and find out why they mandated a refusal to allow this
body to pass this out, get it to the House and get the job done. We are
all going to have to, I guess, recognize that we will come back in the
105th and start the process over again.
It is going to be different next year, Mr. President, because this
package represents the inability to move these bills individually by
Members having holds throughout the process. It is not going to be that
way. We are going to move them out of our committee and move them to
the floor. If we don't get action and there are holds, this Senator is
going to stop the Senate process because I am going to refuse every
unanimous consent that comes before this body. We are going to stop
this process, because it is absolutely irresponsible. So let the
administration recognize the responsibility that they are assuming for
not allowing this package to go ahead. It is an injustice to 41 States
and an injustice to America. It is an injustice to good Government.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. ASHCROFT. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Bennett). Without objection, it is so
ordered.
____________________