[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[House]
[Page H12267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE EMINENT DOMAIN 
 PREVENTION ACT--VETO MESSAGE FROM THE PRESIDENT OF THE UNITED STATES 
                         (H. DOC. NO. 104-271)

  The SPEAKER pro tempore laid before the House the following veto 
message from the President of the United States:

To the House of Representatives:
  I am returning herewith without my approval H.R. 2909, the ``Silvio 
O. Conte National Fish and Wildlife Refuge Eminent Domain Prevention 
Act.''
  This bill would prohibit the use of eminent domain authority for the 
protection of the public's fish and wildlife resources at portions of 
the Silvio O. Conte National Fish and Wildlife Refuge in the States of 
New Hampshire and Vermont. Because it is unnecessary and would 
undermine important governmental interests, I cannot support it.
  First, the Conte Refuge poses no threat to property owners. Located 
along the Connecticut River in the States of Connecticut, 
Massachusetts, New Hampshire, and Vermont, it represents an entirely 
new kind of national wildlife refuge. Rather than relying on the 
traditional approach of acquiring large tracts of land, the 
comprehensive plan for the Conte Refuge provides that only small 
amounts will come into Federal ownership--a total of only 1,200 acres 
in New Hampshire and Vermont, along with conservation easements for an 
additional 760 acres. Instead of Federal land acquisition, the main 
emphasis for the Refuge will be on restoring the Connecticut River 
watershed through voluntary partnerships, cooperative agreements, and 
environmental education. The Fish and Wildlife Service has no intention 
of using its eminent domain authority.
  Second, this bill would undermine a constitutionally bestowed 
authority of the Federal Government by prohibiting the use of eminent 
domain for fish and wildlife conservation. The truth is that the Fish 
and Wildlife Service almost never uses eminent domain for wildlife 
conservation purposes--on a nationwide basis, since 1989, the U.S. Fish 
and Wildlife Service has only used its eminent domain power with the 
consent of the owner to settle price or title differences. Still, 
eminent domain remains an important tool of last resort, to protect the 
public's interest in fish and wildlife resources should unforeseen 
circumstances arise.
  Private property is a fundamental American right and value. But this 
bill is unnecessary and would erode a constitutional authority that has 
served the public interest for over 200 years. As stated during debate 
on this bill in the House of Representatives, H.R. 2909 is a solution 
in search of a problem.
                                                  William J. Clinton.  
  The White House, October 2, 1996.
  The SPEAKER pro tempore. The objections of the President will be 
spread at large upon the Journal, and the veto message and bill will be 
printed as a House document.
  Mr. SOLOMON. Mr. Speaker, I ask unanimous consent that the veto 
message of the President, together with the accompanying bill, H.R. 
2909, be referred to the Committee on Resources.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.

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