[Congressional Record Volume 143, Number 56 (Monday, May 5, 1997)]
[Senate]
[Pages S3960-S3962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 691. A bill entitled the ``Public Land Management Participation 
Act of 1997''; to the Committee on Energy and Natural Resources.


          THE PUBLIC LAND MANAGEMENT PARTICIPATION ACT OF 1997

  Mr. MURKOWSKI. Mr. President, I will take this opportunity to rise 
this afternoon to introduce a very important piece of legislation that 
I know the occupant of the chair will find interesting. It is called 
the Public Land Management Participation Act of 1997.
  This legislation is intended to put the word ``public'' and the 
populace back into public land management and the word ``environment,'' 
back into environmental protection.
  Passage of this act will ensure that all the gains that we made over 
the past quarter of a century in creating an open, participatory 
Government which affords strong environmental protection for our public 
lands are really protected.
  For those who thought that those battles were fought and won with the 
passage of the National Environmental Protection Act in 1969 and the 
Federal Land Policy Management Act in 1976, I have some bad news. There 
is one last battle to be fought.
  Standing in this very Chamber on January 20, 1975, Mr. President, 
Senator Henry ``Scoop'' Jackson of Washington State spoke to the 
passion Americans feel for their public lands. He said:

       The public lands of the United States have always provided 
     the arena in which we Americans have struggled to fulfill our 
     dreams. Even today dreams of wealth, adventure, and escape 
     are still being acted out on those far-flung public lands. 
     These lands and the dreams--fulfilled and unfulfilled--which 
     they foster are part of our national destiny. They belong to 
     all Americans.

  I quote and emphasize, Mr. President, ``They belong to all 
Americans.''
  Amazingly--there exist today legal authorities by which the 
President, without the public process or congressional approval, can 
create vast land management units called national monuments, world 
heritage sites, and biospheric reserves.
  Special management units which affect how millions of acres of our 
public lands are managed. What people can do on those lands is also 
affected, what the future will be for surrounding communities.
  That is a powerful trust to bestow on anyone, even a President.
  On September 12, 1996, the good people of Utah woke up to find 
themselves the most recent recipient of a philosophy that says, ``Trust 
us. We are from the Government, and we know what is best for you.'' On 
that day, standing not in Utah but in the State of Arizona, our 
President invoked the 1906 Antiquities Act to create 1.7 million acres 
of national monument in southern Utah.
  Notice, Mr. President, he did not do this in Utah. He did it in 
Arizona. One can only assume he might have had some protests if he had 
done it in Utah. The withdrawal, however, took place in Utah. It 
created a 1.7 million acre national monument in the southern part of 
the State. By utilizing this antiquated law, the President was able to 
avoid--that's right, avoid--Nation's environmental laws and ignore 
public participation laws as well. With one swipe of the pen, every 
shred of public input and environmental law promulgated in this country 
over the past quarter of a century was shoved into the trash heap of 
political expediency.
  What happened in Utah last fall is but the latest example of a small 
cadre of administration officials deciding for all Americans how our 
public lands should be used. It is by no means the only one, Mr. 
President. As the Senator from Alaska, I have had a great deal of 
personal experience in this area.
  In 1978, President Jimmy Carter created 17 national monuments in 
Alaska covering more than 55 million acres of lands. That is an area 
about the size of South Carolina. He withdrew these lands, with the 
stroke of his pen--no public process, no hearing, no participation from 
the State. This was then followed in short order by Secretary of the 
Interior Cecil Andrus, who withdrew an additional 50 million. A total 
of 105 million acres, Mr. President. All this land was withdrawn for 
multiple use without any input from the people of my State, the public, 
or the Congress of the United States. With over 100 million acres of 
withdrawn land held over Alaska's head, like the sword of Damocles; we 
were forced to cut the best deal we could. Twenty years later, the 
people of my State are still struggling to cope with the weight of 
these decisions.

  I would not be here this afternoon if the public, the people of Utah 
and Congress, had not been denied a voice in the creation of the Grand 
Staircase-Escalante National Monument. I would not be here if 
environmental protection procedures had not been ignored.
  But the people were denied the opportunity to speak. Mr. President, 
Congress was denied its opportunity to participate, and environmental 
procedure was simply ignored. The only voice we have heard was the 
President's. Without bothering to ask us what we thought about it, he 
told the citizens of Utah and the rest of the country that he knew 
better than we did what was good for us.
  Now, this is an administration that prides itself in a public 
process. There was no public process here, Mr. President. We had been 
debating for some time the issue of Utah wilderness. It was ongoing, 
but the President, for political expediency, took it upon himself to 
invoke the Antiquities Act. It has been a long time since anyone has 
had the right to make those kind of unilateral public land decisions 
for the American public. Since the passages of the Federal Land Policy 
and Management Act in 1976, we have had a system of law underpinning 
public land use decisions. Embodied with this law is public 
participation. Agencies propose an action, they present the action to 
the public, the public debates the issue. The public can then appeal 
bad decisions, the courts resolve the disputes, and the management unit 
is then created.
  Where was this public process, Mr. President, in the special use 
designation of 1.7 million acres of Federal land in southern Utah? The 
answer is clear: There wasn't any. Since the passage of the National 
Environmental Policy Act

[[Page S3961]]

of 1969, activities which affect the environment are subject to strict 
environmental laws. Does anyone believe there was no environmental 
threat posed by the creation of a national monument?
  Imagine how the sensitive natural features of the high desert 
environment would respond to the rhythmic pounding of unlimited hiking 
boots worn by legions of adoring visitors as they tromp through the 
area. Where is the NEPA compliance documentation associated with this 
action? There is not any.
  The creation of specialized public use designations such as national 
parks and wilderness areas are debated within the Halls of Congress, 
right here. These debates provide for the financial and legal 
responsibilities which come with the creation of special management 
units.
  Where are the proceedings from those debates? There aren't any, Mr. 
President. They simply don't exist because, in the heat of an election 
year, the administration determined that the public process, 
environmental analyses and congressional deliberations were simply a 
waste of time.
  Mr. President, either you believe in a public process or you do not; 
you can't have it both ways. If we can no longer trust the 
administration to involve the public in major land use decisions, then 
where does it fall? It falls right here to the Congress.
  Mr. President, the legislation which I offer today will require any 
future designations of national monuments, world heritage sites, or 
biospheric reserves to follow the public participation principles laid 
down under existing law over the past 25 years. No poetic images, no 
flowery words, no smoke and mirrors, just good old-fashioned public 
land management process.
  Before these special land management units can be created, my 
legislation will require that the agencies gather and analyze resource 
data affected by the land use decisions; full public participation in 
the creation of these units with all appeal rights protected; 
compliance with the National Environmental Policy Act; congressional 
review and ratification, and Presidential signature.
  No longer will an administration be able to sidestep public 
participation and environmental reviews to further political agendas. 
Nobody--not even the President of the United States --should be above 
the law.
  The Public Land Management Participation Act will make all future 
land use decisions a joint responsibility of the public, the Congress, 
and the President--no more loopholes.
  I don't question the need for national monuments, world heritage 
sites, or biospheric reserves. Sometimes they are needed to protect 
historic treasures, natural resources, et cetera. But if they are to 
serve the common good, they must be created under the same system of 
land management law that has governed the use of the public domain for 
the past 25 years.
  There has always been a sacred bond between the American people and 
the lands they hold in common ownership. No one, regardless of high 
station or political influence, has the right to impose his will over 
the means by which the destiny of those lands is decided. This 
legislation reestablishes that bond.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 691

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Land Management 
     Participation Act of 1997.''

     SEC. 2. PURPOSE.

       The purpose of this Act is to ensure that the public and 
     the Congress have both the right and a reasonable opportunity 
     to participate in decisions that affect the use and 
     management of all public lands owned or controlled by the 
     Government of the United States.

     SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN 
                   DECLARATION OF NATIONAL MONUMENTS.

       The Antiquities Act (16 U.S.C. 431a) is amended by adding 
     the following new section:
       ``431b. Public and Congressional Roles in National Monument 
     Declarations.--(a) The Secretaries of the Interior and 
     Agriculture shall provide an opportunity for public 
     involvement and by regulation shall establish procedures, 
     including public hearings where appropriate, to give Federal, 
     State, and local governments and the public, adequate notice 
     and opportunity to comment upon and participate in the 
     formulation of plans relating to the declaration of national 
     monuments upon the lands owned or controlled by the 
     Government of the United States pursuant to the authority of 
     the Antiquities Act (16 U.S.C. 431).
       ``(b) In addition, the Secretary of the Interior and 
     Agriculture shall, prior to any recommendations for 
     declaration of an area,
       ``(i) ensure compliance with all applicable federal land 
     management and environmental statutes, including the National 
     Environmental Policy Act (40 U.S.C. 4321-4370d);
       ``(ii) cause mineral surveys to be conducted by the 
     Geological Survey to determine the mineral values, if any, 
     that may be present in such areas;
       ``(iii) identify all existing rights held on federal lands 
     contained within such areas by type and acreage; and
       ``(iv) identify all State lands contained within such 
     areas.
       ``(c) After such reviews and mineral surveys, the Secretary 
     of the Interior or Agriculture shall report to the President 
     his recommendations as to what lands owned or controlled by 
     the Government of the United States warrant declaration as a 
     national monument.
       ``(d) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to declaration as national 
     monuments of each such area, together with a map thereof and 
     a definition of its boundaries. Such advice by the President 
     shall be given within two years of the receipt of each report 
     from the Secretary. After the effective date of Public Land 
     Management Participation Act, a recommendation of the 
     President for declaration of a national monument shall become 
     effective only if so provided by an Act of Congress.''

     SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN 
                   WORLD HERITAGE SITE LISTING.

       Section 401 of the National Historic Preservation Act 
     Amendments of 1980 (16 U.S.C. 470a-1) is amended
       (1) in subsection (a) in the first sentence, by
       (A) inserting ``(in this section referred to as the 
     Convention)'' after ``1973''; and
       (B) inserting ``and subject to subsections (b), (c), (d), 
     (e), and (f)'' before the period at the end;
       (2) in subsection (b) in the first sentence, by inserting 
     ``, subject to subsection (d),'' after ``shall''; and
       (3) adding at the end the following new subsections:
       ``(d) If the area proposed for designation is not wholly 
     contained within an existing unit of the National Park 
     System, the Secretary of the Interior and Agriculture;
       ``(1) shall provide an opportunity for public involvement 
     and by regulation shall establish procedures, including 
     public hearings where appropriate, to give Federal, State, 
     and local governments and the public, adequate notice and 
     opportunity to comment upon and participate in the 
     formulation of plans relating to the designation of any lands 
     owned by the United States for inclusion on the World 
     Heritage List pursuant to the Convention.''
       ``(2) After such review, the Secretary of the Interior or 
     Agriculture shall report to the President his recommendations 
     as to what lands owned by the United States warrant inclusion 
     on the World Heritage List pursuant to the Convention.''
       ``(3) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to the designation of any lands 
     owned by the United States for inclusion on the World 
     Heritage List pursuant to the Convention. Such advice by the 
     President shall be given within two years of the receipt of 
     each report from the Secretary. After the effective date of 
     Public Land Participation Management Act, a recommendation of 
     the President for designation of any lands owned by the 
     United States for inclusion on the World Heritage List shall 
     become effective only if so provided by an Act of Congress.''
       ``(e) The Secretary of the Interior or Agriculture shall 
     object to the inclusion of any property in the United States 
     on the list of World Heritage in Danger established under 
     Article 11.4 of the Convention unless
       ``(1) The Secretary has submitted to the Speaker of the 
     House and the President of the Senate a report describing the 
     necessity for including that property on the list; and
       ``(2) The Secretary is specifically authorized to assent to 
     the inclusion of the property on the list, by a joint 
     resolution of the Congress enacted after the date that report 
     is submitted.
       ``(f) The Secretary of the Interior and Agriculture shall 
     submit an annual report on each World Heritage Site within 
     the United States to the Chairman and Ranking Minority member 
     of the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate, that contains the following information for each 
     site:
       ``(1) An accounting of all money expended to manage the 
     site.
       ``(2) A summary of Federal full time equivalent hours 
     related to management of the site.
       ``(3) A list and explanation of all nongovernmental 
     organizations contributing to the management of the site.
       ``(4) A summary and account of the disposition of 
     complaints received by the Secretary related to management of 
     the site.''.

[[Page S3962]]

     SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN 
                   THE DESIGNATION OF UNITED NATIONS BIOSPHERE 
                   RESERVES.

       Title IV of the National Historic Preservation Act 
     Amendments of 1980 (16 U.S.C. 470a-1 et seq.) is amended by 
     adding at the end the following new section:
       ``Sec. 403. (a) No Federal official may nominate any lands 
     in the United States for designation as a Biosphere Reserve 
     under the Man and Biosphere Program of the United Nations 
     Educational, Scientific, and Cultural Organization.
       ``(b) Any designation of an area in the United States as a 
     Biosphere Reserve under the Man and Biosphere Program of the 
     United Nations Educational, Scientific, and Cultural 
     Organization shall not have, and shall not be given, any 
     force or effect, unless the Biosphere Reserve is specifically 
     authorized by an Act of Congress.
       ``(c) The Secretary of the Interior and Agriculture shall 
     provide an opportunity for public involvement and by 
     regulation shall establish procedures, including public 
     hearings where appropriate, to give Federal, State, and local 
     governments and the public, adequate notice and opportunity 
     to comment upon and participate in the formulation of plans 
     relating to the designation of any lands owned by the United 
     States as a Biosphere Reserve under the Man and Biosphere 
     Program of the United Nations Educational, Scientific, and 
     Cultural Organization.
       ``(d) After such review, the Secretary of the Interior or 
     Agriculture shall report to the President his recommendations 
     as to what lands owned by the United States warrant inclusion 
     as a Biosphere Reserve.
       ``(e) The President shall advise the President of the 
     Senate and the Speaker of the House of Representatives of his 
     recommendations with respect to the designation of any lands 
     owned by the United States for inclusion as a Biosphere 
     Reserve. Such advice by the President shall be given within 
     two years of the receipt of each report from the Secretary. 
     After the effective date of Public Land Participation 
     Management Act, a recommendation of the President for 
     declaration of a Biosphere Reserve shall become effective 
     only if so provided by an Act of Congress.
       ``(f) The Secretary of State shall submit an annual report 
     on each Biosphere Reserve within the United States to the 
     Chairman and Ranking Minority member of the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate, that contains 
     the following information for each reserve:
       ``(1) An accounting of all money expended to manage the 
     reserve.
       ``(2) A summary of Federal full time equivalent hours 
     related to management of the reserve.
       ``(3) A list and explanation of all nongovernmental 
     organizations contributing to the management of the reserve.
       ``(4) A summary and account of the disposition of the 
     complaints received by the Secretary related to management of 
     the reserve.''
                                                                    ____


                 Section-by-Section Analysis of S. 691


                         section 1. short title

       Public Land Management Participation Act of 1977.


                           section 2. purpose

       To ensure that the public and the Congress have both the 
     right and a reasonable opportunity to participate in 
     decisions that effect the use and management of all public 
     lands owned or controlled by the Government of the United 
     States.


     section 3. clarification of public and congressional role in 
                   declaration of national monuments

       This section amends the Antiquities Act by adding language 
     that requires future National Monument Declarations be 
     proceeded by full public participation and Congressional 
     Ratification.
       3(a) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the National Monument declaration process.
       3(b) Directs the Secretaries to conduct mineral surveys and 
     identify all existing rights on lands contained within 
     proposed National Monument boundaries.
       3(c) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a National Monument.
       3(d) Authorizes the President to make recommendations to 
     the Congress lands which warrant inclusion in a national 
     monument. Further states that no declaration of a monument 
     shall become effective until so provided by an Act of 
     Congress.


  section 4. clarification of public and congressional roles in world 
                         heritage site listing

       This section amends the National Historic Preservation Act 
     by adding language that requires future World heritage Site 
     designations be proceeded by full public participation and 
     Congressional ratification.
       d(1) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the World Heritage Site Listing process.
       d(2) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a World heritage Site.
       d(3) Authorizes the President to make recommendations to 
     the Congress lands which warrant inclusion in a World 
     heritage Site. Further states that no declaration of a World 
     heritage Site shall become effective until so provided for by 
     an Act of Congress.
       (e) Directs the secretaries of Interior and Agriculture to 
     object to the inclusion of property in the United states on a 
     list of World heritage in Danger without explicit approval to 
     do so by a joint resolution of Congress.
       (f) Requires the Secretaries of Interior and Agriculture to 
     submit an annual report to Congress detailing the cost of 
     operating each World heritage Site, who contributed to the 
     management of the site, and how any complaints about the site 
     were handled.


   Section 5. Clarification of Public and Congressional Roles in the 
            Designation of United Nations Biosphere Reserves

       This section amends the National Historic Preservation Act 
     by adding language that requires future Biosphere Reserve 
     designations be proceeded by full public participation and 
     Congressional ratification.
       (c) Directs the Secretaries of Interior and Agriculture to 
     develop regulations that allow Federal, State, and local 
     governments and the public to comment on and participate in 
     the Biosphere Reserve declaration process.
       (d) Authorizes the Secretaries of Interior and Agriculture 
     to make recommendations to the President lands which warrant 
     inclusion in a Biosphere Reserve.
       (e) Authorizes the President to make recommendations to the 
     Congress lands which warrant inclusion in a national 
     monument. Further states that no declaration of a Biosphere 
     Reserve shall become effective until so provided for by an 
     Act of Congress.
       (e) Directs the secretaries of Interior and Agriculture to 
     object to the inclusion of property of the United states 
     without explicit approval to do so by a joint resolution of 
     Congress.
       (f) Requires the Secretaries of Interior and Agriculture to 
     submit an annual report to Congress detailing the cost of 
     operating the site, who contributed to the management of the 
     site, and how any complaints about the site were handled.
                                 ______