[Congressional Record Volume 143, Number 121 (Friday, September 12, 1997)]
[Senate]
[Pages S9248-S9249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1998

  Mr. BAUCUS. Mr. President, we Americans are very lucky. We live in 
the most beautiful place on Earth. Our mountain chains, our Great 
Plains, our national parks, our coasts and forests are a heritage no 
other country can match. It is our responsibility, through this annual 
bill, to protect our heritage, to manage it so ranchers and the natural 
resource industry workers prosper and, as much as possible, to hand it 
down to the next generation
  At the same time, in this bill, we have a responsibility to keep our 
promise to our more than 500 Indian tribes and an opportunity to 
support and stimulate the creativity of our artists and authors. 
Unfortunately, this bill falls far short.
  If we act now, in the coming debate--if we adopt some good 
amendments, we can create a very good bill, something we can all be 
proud of and, just as important, something President Clinton can sign, 
so we are not just wasting our time over here. But if we fail to 
improve this bill, we will have a bill that doesn't measure up and will 
not become law.
  Let me begin by saying that this bill is quite good in some areas. 
For example, one of the West's real glories is its fishing. Norman 
Maclean spoke for quite a few Montana families when, in the opening 
lines of his book ``A River Runs Through It'' he writes, ``In our 
family, there was no clear line between religion and fly fishing.''
  Today, this way of life is under threat. A parasite now found in many 
western rivers threatens the fish with whirling disease, and the 
Interior budget makes a commitment to protect these fish. It funds the 
Fish Technology Center in Bozeman, MT, as well as the Creston fish 
hatchery in the Flathead Valley. As well, this bill contains crucial 
research dollars for the nationally recognized Wild Trout Research 
Laboratory at Montana State University. It also provides $1 million to 
the U.S. Fish and Wildlife Service to fund the western Montana project, 
which will acquire conservation easements to protect land in Montana's 
Blackfoot Valley, where Norman Maclean grew up, the basis for his book 
and movie, ``A River Runs Through It.'' These are just a couple of 
important projects that I believe help both Montana and the country.
  I would like to address a few sections in this bill which I think 
must be improved. The first crucial issue is the New World Mine. Of all 
our country's natural treasures, the finest might be Yellowstone 
National Park. It is America's first national park, home to the world-
famous Old Faithful geyser, Yellowstone Lake and its wild trout, paint 
pots, mountain streams, and America's only free-ranging buffalo herd.
  Several years ago, a Canadian company filed a patent to mine land in 
the mountains just north of Yellowstone Park. Such a mine, nearly 2 
miles in the air, would have been a permanent threat to the park's 
water resources. Every generation of Montana children and every 
American child would have lived with it. Last year, the Clinton 
administration worked out an agreement to buy out the New World Mine, 
using the Land and Water Conservation Fund.
  Congress agreed to do that when we passed the balanced budget 
amendment. I am very pleased that the Senate followed up with $700 
million in new funding for the Land and Water Conservation Fund; a wise 
investment in the conservation of our prized natural resources.
  I am disappointed, however, that the House of Representatives failed 
to live up to its end of the bargain when they failed to appropriate 
the necessary funds. I must say, I am disappointed that the Senate 
appropriated the money but then attached language requiring 
authorization. There is no reason for that. The deal is done. It is 
fair to the company and it will protect the park forever. To add an 
extra hurdle to an already tortuous process is unnecessary, and, in 
fact, it is foolish, because it may put the whole New World Mine deal 
at risk. I will work in this debate to change that.


                         gallatin land exchange

  A similar, although less well-known, example is the Gallatin land 
exchange.
  For 10 years, we have been working to complete this critical land 
exchange, protecting some very special wild land for future 
generations. In this bill, we can complete the acquisition, blocking 
development in sensitive wildlife areas, and preserving access for our 
sportsmen and outdoor enthusiasts who use our public lands. Instead, we 
shortchange and drag out the process with an appropriation of only $1 
million, paying for only part of the exchange.
  We must act swiftly, and decisively, if we are to preserve this 
special part of America. This exchange has broad public support in 
Montana. I call on my colleagues to provide the necessary commitment to 
this exchange.


                         native american tribes

  I am also concerned with the portions of this bill which address our 
relationship with native American tribes.
  Section 120, for example, requires tribal governments to waive their 
sovereign immunity as a condition of receiving tribal priority 
allocations [TPA's]. These moneys fund local reservation programs, like 
housing, adult vocational training, and law enforcement, all 
desperately needed, and anyone who visits reservations can tell you 
that. Anyone who has visited Indian country knows that reservations are 
not always rich places and tribal governments don't have money to throw 
around. Section 120 would require tribes to choose between meeting the 
basic needs of their members or defending against frivolous lawsuits. 
And I believe that is wrong.
  Equally troublesome is section 118, which would require the more than 
500 federally recognized tribal governments to submit reports of 
business income to the Bureau of Indian Affairs as a condition of 
receiving TPA, since it is under the program I mentioned. Section 118 
would create more bureaucracy by requiring the BIA to analyze income 
records, compile reports, develop formulas for allocating TPA funds, 
and submit the formulas back to the Appropriations Committee. That is 
bad enough. But still worse is the breach of faith this provision 
implies.
  Mr. President, payments to tribes are the result of treaty 
obligations--I repeat, treaty obligations. The Federal Government 
agreed to make these payments in exchange for land and resources that 
the tribes ceded. Section 118 violates both the letter and the spirit 
of our American treaty obligations. We have a basic idea in America 
that you ought to keep your word, and that is a good ideas. We should 
keep it here, too.


                    national endowment for the arts

  My final concern is the way that this Congress intends to treat the 
National Endowment for the Arts, the NEA.
  The NEA represents a modest, but very important, commitment to the 
arts in America. In Montana, for example, NEA supports eight symphony 
orchestras in cities like Billings, Bozeman, Butte, and Missoula. Over 
20 nonprofit art museums and galleries such as the Liberty Village Art 
Center in Chester, the Jailhouse Gallery in Hardin, and the Hockaday 
Center for the Arts in Kalispell. And nearly 20 performing arts groups 
like Shakespeare in the Park and the Vigilante Players who tour 
communities all across Montana, from the towns to the most remote rural 
areas.

  This is a great service. Through the work of NEA, children all over 
Montana come to understand our cultural heritage, meet and talk with 
artists and authors, and get an appreciation of much of the best and 
most creative work Americans can do. It is a small investment but a 
good one.

[[Page S9249]]

  Yet, every year we hear almost hysterical attacks against any 
commitment to the arts at all. NEA has certainly picked a few clunkers, 
I admit, but nothing to justify the rhetorical flights that some of our 
colleagues direct against it. The House this year, by one vote, 
eliminated all commitment to the arts in America. I repeat, eliminated 
all commitment to the arts in America. That means a great loss for our 
children, and particularly those in rural America where there are no 
offsetting private resources to fund the arts.
  I am hoping that the Senate will do better. I asked that the NEA be 
funded at administration's request of $136 million. So far, the 
Interior Appropriations Subcommittee has seen fit to fund the NEA at 
$100 million. I believe that is a start, but I will oppose any actions 
taken on the Senate floor to lower that funding level.


                               conclusion

  As you can see, this bill needs a great deal of work, but we should 
see that as an opportunity rather than a disappointment. This bill is 
our chance, this year, to protect America's natural heritage for our 
children. To give renewed vitality to our artistic and cultural life, 
and to show that, in relations with America's sovereign Indian nations, 
that we are people who keep our word.
  I commend the members of the Interior subcommittee for their hard 
work. I know they have devoted a lot of time to dealing with these 
contentious issues. They have done some good work. I applaud them for 
it. We can build on that as we debate the bill on the floor. I hope 
that the result will be an Interior bill in which we can all take great 
pride.
  Thank you, Mr. President. I yield the floor.
  Mr. WARNER addressed the Chair.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. I thank the Chair.
  (The remarks of Mr. Warner pertaining to the introduction of S. 1173 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. FRIST addressed the Chair.
  The PRESIDING OFFICER. The Senator from Tennessee is recognized.

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