[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.

                          ____________________