[Congressional Record Volume 143, Number 122 (Monday, September 15, 1997)]
[Senate]
[Pages S9332-S9333]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS (for himself and Mr. Craig):
  S. 1176. A bill to guarantee that Federal agencies indentify State 
agencies and counties as cooperating agencies when fulfilling their 
environmental planning responsibilites under the National Environmental 
Policy Act; to the Committee on Environment and Public Works.


        THE STATE AND LOCAL GOVERNMENT PARTICIPATION ACT OF 1997

  Mr. THOMAS. Madam President, I come to the floor to introduce a piece 
of legislation which I will submit. It is called the State and Local 
Participation Act of 1997.
  What I would like to do, Madam President, is to introduce a bill that 
would provide for the opportunity for State, local, and county agencies 
to participate in the National Environmental Policy Act [NEPA]. This 
bill is to guarantee that local agencies have

[[Page S9333]]

an opportunity to be identified as cooperating agencies in the NEPA 
process, as it takes place in the various locations throughout the 
country. All of us know that NEPA was passed in the late 1960's, 
designed to provide for full study before activities are undertaken 
which affect the environment, and I support that idea. It has been an 
interesting topic over the years. NEPA, of course, is a relatively 
small, simple piece of legislation--less than three pages, which is 
unusual in this place, to have a bill that is that short. But 
fortunately or unfortunately, over the period of the 20 years or more 
that have gone since the introduction and passage of this bill, a great 
many changes have been made, not by amendment, not even by regulation, 
but in fact by court decisions. So now we have a very complicated, very 
expensive, very time-consuming process that is still designed, as it 
was originally, to make sure that studies are completed, EIS's are 
completed--environmental impact statements or environmental 
assessments, whichever is appropriate. I support that idea. But we have 
been very involved, in our committee, Energy and Natural Resources--
been very involved in my State of Wyoming in the use of NEPA to provide 
for mineral exploration, to provide for roads in the public areas, to 
provide for grazing, to provide for the number of uses that take place 
on public lands.
  As you can imagine, when you have a State that is 50 percent public 
lands, these kinds of processes are particularly important. We want to 
maintain them. We want to strengthen them, in fact. After 20 years of 
experience, there are some things that we can change. So NEPA was 
designed to ensure the environmental impacts of proposed actions are 
considered and minimized by the Federal agency that is responsible for 
taking the action.
  It is also designed to provide for adequate public participation in 
that decision, in the decision process that is undertaken by the 
Federal agencies. This sounds pretty simple. As a matter of fact, it 
sounds pretty basic and reasonable. And it is. Unfortunately, the 
regulations--have caused it to be something other than simple.
  For example, we had the question of exploring for gas in an area 
north of Casper, WY--a relatively small area. It would have made a 
great deal of difference to that county in terms of employment, a great 
deal of difference to that county in terms of tax base and all the 
things that affect a community. So the county commissioners felt as if 
they ought to be a part of this process, and I certainly agreed with 
them. They had more knowledge about that than any other agency, they 
had more caring about that than any other agency, yet this area was in 
their county so they also cared, of course, equally as much about 
taking care of the environment and the natural resources.
  Unfortunately the BLM, in this instance, would not make this county 
commission a cooperating agency. And they turned to the current law 
which says, basically, ``Prior to making any detailed statement, the 
responsible Federal official shall consult and obtain the comments of 
Federal agencies which have jurisdiction.''
  We are simply suggesting that there be added the words, ``and State 
and county agencies.'' So it would read, ``. . . obtain the comments of 
Federal and State agencies and counties which have jurisdiction.'' We 
think that is a reasonable thing to do. I think it is a reasonable 
thing to do. As a matter of fact, most people think it is a reasonable 
thing to do.
  We also had a forest study that is now underway, in the Medicine Bow 
Forest, in Wyoming. I talked to the regional forester. And we had 
another forest in the Black Hills where the counties and local people 
were not made a cooperating agency. So the regional director said, 
``Yes, this one we will.'' Unfortunately, when it came to it, they 
didn't. And they put them in, in some other category, but not as a 
cooperating agency. And as a cooperating agency you can participate 
with the Federal agencies, put your comments in the report rather than 
just submitting them as any other citizen.

  So that is basically what we do with this legislation. It is designed 
to provide for greater input of State and local governments in the NEPA 
process. This measure will be known as the State and Local Government 
Participation Act of 1997. It will simply guarantee that States and 
counties are given an opportunity to participate, and participate in 
the decisions that affect the areas over which they have jurisdiction, 
whether it be in New York, whether it be in Wyoming, whether it be in 
Texas.
  Madam President, I would like also to have unanimous consent that 
Senator Craig, from Idaho, be listed also as a sponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMAS. I thank the Chair very much for the time. I certainly 
urge my associates in the Senate to take a look at this opportunity to 
provide for one of the things that we talk about as much as anything in 
this Senate, and that is providing local input into the decisions that 
are made by the Federal Government. Let me tell you, that is 
particularly important to those of us from the West--Idaho, Nevada. In 
Nevada, some 80 percent of the land in Nevada belongs to the Federal 
Government. So the decisions that are made on Federal lands by Federal 
agencies have a tremendous impact on the future of those States and the 
future of the economy, and on the future of citizens. It is my belief, 
and the belief of many others, that local governments, the people that 
have been elected from these areas, should be participating, 
cooperating agencies in the determination of the NEPA arrangement. We 
think that is what this bill will do and we certainly urge support for 
it.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1176

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,


                              short title

       Section 1. This Act may be cited as the ``State and Local 
     Government Participation Act of 1997.''
       Sec. 2. Section 102(2)(C) of the National Environmental 
     Policy Act of 1969 (43 U.S.C. 4332(2)(C)) is amended--
       (1) by striking ``any Federal agency which has'' in the 
     first full sentence after subparagraph (v); and
       (2) inserting in lieu thereof ``Federal and state agencies, 
     and county governments which have''.
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