[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Senate]
[Pages S2709-S2711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        WARD VALLEY TRESPASSERS

  Mr. MURKOWSKI. Mr. President, my purpose in seeking time this morning 
is to communicate to the other Members of a grievous trespass occurring 
on public lands, a trespass that would certainly not be allowed in the 
State of Minnesota or in my State of Alaska.
  Today we have a significant standoff in the southern California 
desert between the Federal Government and trespassers at the Ward 
Valley site. For several years, the State of California and Governor 
Wilson have sought to purchase from the Federal Government the 1,000-
acre Ward Valley site in southern California out in the Mojave Desert, 
a pretty inhospitable area. Large transmission lines go over the 
property. You can hear the buzz of the electrical energy going through 
those wires. And it has been determined to be a suitable site for low-
level waste. California wants to build a low-level waste disposal 
facility on this Federal property which is located in a federally 
designated utility corridor, as I have indicated, with the power lines 
going over it. It is close to an interstate highway. The State of 
California has proposed to purchase this land from the Department of 
the Interior. It is appropriate to reflect that this waste has to go 
somewhere. Nobody wants waste, either high- or low-level, but we have 
to acknowledge the merits of the technologies that produce the waste. 
They improve our health. Because most of this waste is biotech, used 
for the treatment of cancer and other medical uses, x ray and 
radiological type of medical treatments that we all receive. It 
lengthens our lives and eases our misery.

  Currently this waste is located at just the State of California, over 
800 temporary sites throughout the State. Many of these locations are 
in urban areas, near universities, communities, clinics.
  It has been determined that Ward Valley would be an appropriate 
disposal facility. The State of California, as well as other States, 
has been given the authority under certain terms and conditions to 
basically provide long-term waste storage, assuming that the Federal 
and State criteria are met. In

[[Page S2710]]

this case Ward Valley has met the State of California criteria, yet the 
Department of the Interior refuses to support the selection of this 
site and move with the land purchase. We have had is a decade of 
environmental tests. I guess we are stuck with decades and a 
confirmation by the National Academy of Science--the last word, if you 
will, in science--that this property is suitable for low-level 
radioactive waste disposal facility.
  It is either this property or leave it where it is, 800 sites 
throughout California, on the way to schools, churches, shopping 
centers; facilities that have never been designed to hold this waste. 
However, the Interior Department still is not satisfied with the tests 
that have taken place. It is not satisfied with the report from the 
National Academy of Sciences.
  In February of 1996, the Interior Department announced it had planned 
on conducting additional environmental tests at Ward Valley. Let's do 
some more tests. These tests were finally scheduled to begin last 
month, 2 years after the original announcement. That is how long it 
takes, and I am not sure it is over yet. The tests still have not 
begun. They have not begun now because protesters at the site have 
refused to move off the site.
  These are protesters, trespassers on Federal land. Last month, the 
California State Office of the Bureau of Land Management ordered the 
protesters at the Ward Valley site to relocate by February 18 so the 
tests could begin. The protesters have been occupying the property for 
the last couple of years under a land use permit, issued by the BLM. I 
did not know this, but you can evidently get a land use permit to 
initiate civil disobedience.
  These protesters are already in violation of their original land use 
permit. They have refused to comply with the February 18 deadline. 
Incredibly, the protesters, who are clearly trespassing on Federal 
land, are still there today. February 18 has come and gone. Federal 
rangers made no effort to evict them from the property. In fact, on 
February 25 all Federal rangers were withdrawn from the property. The 
question is, why?

  Even more incredibly, over the past 6 weeks the trespassers have now 
taken control of the property. They now, the trespassers, mind you, 
refuse to allow the BLM employees access to the property to initiate 
the testing. The protesters have also refused to allow the U.S. 
Ecology, the State's licensee who is going to do the test, access to 
the property for environmental monitoring and refueling of its 
generators. When the BLM and the U.S. Ecology employees have been 
allowed to enter the property, they have been frisked by the protesters 
and all vehicles have been searched by the protesters' so-called 
security forces.
  Isn't that a turnaround? This is Federal property. The trespassers 
have taken it over and are dictating the terms and conditions by which 
the Federal agencies can have access to their own property. Where in 
the world is the Secretary of the Interior? Where in the world is the 
Attorney General? As chairman of the Committee on Energy and Natural 
Resources, I am extremely disappointed with how the Department of the 
Interior has handled this entire matter. The Department of the Interior 
is allowing persons who are in clear violation of the law to not only 
occupy Federal land but also control the Federal land by determining 
whether or not tests can occur. Even more incredible, the Department is 
allowing the trespassers, who are now outfitted with knives, cans of 
Mace and handcuffs, to dictate the terms and conditions under which the 
Federal employees have access to the Federal lands. What message does 
this send to our Federal employees? What message does it send to our 
citizens?
  The Department of the Interior says they are in negotiation with the 
trespassers, who include representatives of environmental groups and 
Indian tribes. However, there should be no room for negotiation with 
trespassers. They are just holding the Federal government hostage. The 
trespassers say that they will not leave Ward Valley until the 
Department of the Interior promises that no testing will occur and the 
property will not be transferred to the State of California. So they 
are saying, in effect, it cannot be used.
  The Federal government has spent tens of millions of dollars, to 
date, on Ward Valley. The State of California has spent tens of 
millions of dollars. California's licensee alone has spent about $80 
million in preparation for their license to build the facility. Yet, 
protesters are dictating the terms and solutions. With such an absolute 
position, well, there doesn't appear to be much room for negotiation.
  I have asked the Secretary of the Interior, Secretary Babbitt, to 
inform me and advise me how he intends to deal with the trespassers on 
the Department of the Interior land and how he intends to deal with 
them on other Federal lands he controls. I also want to know what the 
Department intends to do if the standoff continues. Does the Department 
intend to allow our public land to be controlled by trespassers? This 
is an unacceptable and dangerous precedent.
  I have also written the Attorney General, Janet Reno. As this 
Nation's chief law enforcement officer, I want to know how she plans to 
handle the trespassing at Ward Valley. Does she condone this illegal 
activity? Is she prepared to enforce Federal law? Will she fully and 
faithfully prosecute those trespassers? I hope this standoff can be 
peacefully resolved, but it needs to be resolved now--now, rather than 
later. It has already been 6 weeks in the making.
  Mr. President, I ask unanimous consent correspondence I have directed 
to both the Honorable Bruce Babbitt, Secretary of the Interior, and 
Janet Reno, be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                      Committee on


                                 Energy and Natural Resources,

                                   Washington, DC, March 24, 1998.
     Hon. Janet Reno,
     Attorney General, Department of Justice, Washington, DC.
       Dear Madame Attorney General: For several years, the State 
     of California has sought to purchase from the Federal 
     Government the 1,000 acre Ward Valley site in southern 
     California for the construction of a low-level radioactive 
     waste facility. Before deciding whether or not to transfer 
     the property, the Department of the Interior plans on 
     conducting additional environmental tests. At present, 
     however, trespassers at the site refuse to allow these tests 
     to begin. As this country's chief law enforcement official, 
     this letter is to determine the extent of the Department of 
     Justice's involvement with the current stand-off at the Ward 
     Valley site.
       Last month, the Bureau of Land Management (BLM), which 
     manages the site, ordered protesters on the property to 
     relocate so that the tests could begin. The protesters 
     refused to comply with BLM's February 18th deadline and 
     Federal rangers made no effort to evict them from the 
     property. In fact, on February 25th, all Federal rangers were 
     withdrawn from the property. For the past six weeks, the 
     protesters have refused to allow BLM employees access to the 
     property for purposes of conducting additional tests. The 
     protesters, with one exception, also have refused to allow 
     U.S. Ecology--the State's licensee--access to the property 
     for environmental monitoring and refueling of its generators. 
     when BLM and U.S. Ecology employees have been allowed to 
     enter the property, they have been frisked and all vehicles 
     have been searched by the protesters' ``security forces.''
       As Chairman of the Senate Committee on Energy and Natural 
     Resources, which has jurisdiction over this nation's public 
     lands, I am extremely disappointed with how this matter has 
     been handled. Persons--in clear violation of the law--have 
     been allowed to not only occupy Federal land but also control 
     whether or not environmental tests occur at the Ward Valley 
     site. Even more incredible, the trespassers--outfitted with 
     knives, cans of mace, and handcuffs--are dictating the terms 
     and conditions under which Federal employees have access to 
     public land. What message does this send to our Federal 
     employees? What message does this send to our citizens?
       To help me, and the Committee, assess this troubling 
     situation, please respond to the following questions by 
     Wednesday, April 1st:
       1.  Has the Department of the Interior consulted with, or 
     sought assistance from, the Department of Justice on this 
     matter?
       2.  What must happen before the Department of Justice 
     assumes control over the current stand-off at the Ward Valley 
     site?
       3.  What is the general policy of the Department of Justice 
     with respect to trespassers on public lands?
       Include in your response, the name, title, and phone number 
     of the Department of Justice official with responsibility for 
     monitoring the situation at Ward Valley.
       In an effort to assist the Department in preparing thorough 
     and responsive answers to these questions, and to ensure that 
     there is a clear understanding as to the scope and nature of 
     this request. Committee staff is available to meet with your 
     staff to discuss any matter raised in this letter. If you 
     have any questions about this request or if your

[[Page S2711]]

     staff would like to meet with Committee staff, contact Kelly 
     Johnson, Counsel to the Energy and Natural Resources 
     Committee, at 224-4911. All correspondence regarding this 
     request should be addressed to the attention of Ms. Johnson.
       Thank you in advance for your cooperation with the work of 
     the Committee.
           Sincerely,
                                               Frank H. Murkowski,
     Chairman.
                                                                    ____

                                                      Committee on


                                 Energy and Natural Resources,

                                   Washington, DC, March 24, 1998.
     Hon. Bruce Babbitt,
     Secretary, Department of the Interior, Washington, DC.
       Dear Mr. Secretary: In February 1996, Deputy Secretary John 
     Garamendi announced that the Department of the Interior 
     intended to conduct additional testing at Ward Valley before 
     deciding whether or not to transfer the property to the State 
     of California for a low-level radioactive waste disposal 
     facility. The Interior Department's field tests finally were 
     scheduled to begin last month. These tests have now been 
     indefinitely postponed because of the illegal occupation of 
     the Ward Valley site. I write to find out how you, as 
     Secretary of the Interior, intended to proceed with the tests 
     and handle the protesters at the Ward Valley site.
       Last month, the California State Office of the Bureau of 
     Land Management (BLM) ordered protesters at the Ward Valley 
     site to vacate the property by February 18th so that field 
     testing could begin. The protesters refused to comply with 
     the deadline and Federal rangers made no effort to evict them 
     from the property. In fact, on February 25th, all Federal 
     rangers were withdrawn from the property. For the past six 
     weeks, the protesters have refused to allow BLM employees 
     access to the property for purposes of conducting additional 
     tests. The protesters, with one exception, also have refused 
     to allow U.S. Ecology--the States' licensee--access to the 
     property for environmental monitoring and refueling of its 
     generators. When BLM and U.S. Ecology employees have been 
     allowed to enter the property, they have been frisked and all 
     vehicles have been searched by the protesters' ``security 
     forces.''
       As Chairman of the Senate Committee on Energy and Natural 
     Resources, I am extremely disappointed with how the 
     Department of the Interior has handled this entire matter. 
     The Department of the Interior is allowing persons--who are 
     in clear violation of the law--to not only occupy Federal 
     land but also control whether or not tests occur at the Ward 
     Valley site. Even more incredible, the Department is allowing 
     trespassers--outfitted with knives, cans of mace, and 
     handcuffs--to dictate the terms and conditions under which 
     Federal employees have access to public land. What message 
     does this send to our Federal employees? What message does 
     this send to our citizens?
       To help me, and the Committee, assess this troubling 
     situation, please respond to the following questions by 
     Wednesday, April 1st.
       1. Is the Department of the Interior negotiating with the 
     protesters? If so, what is the status of these negotiations? 
     When will these negotiations be complete? Include in your 
     response, the name, title, and phone number of the Department 
     official responsible for conducting these negotiations.
       2. When does the Department anticipate beginning its field 
     tests? When does the Department anticipate completing these 
     tests?
       3. Does the Department intend to enforce the BLM's order to 
     the protesters to vacate the Ward Valley site? If so, when?
       4. Does the Department intend to enforce the terms of the 
     BLM permit issued to U.S. Ecology allowing it to collect 
     environmental data at the Ward Valley site?
       5. What are the current instructions to Federal rangers 
     regarding surveillance, enforcement of permit conditions, and 
     reports of illegal activities at the site to other law 
     enforcement authorities?
       In an effort to assist the Department in preparing thorough 
     and responsive answers to these questions, and to ensure that 
     there is a clear understanding as to the scope and nature of 
     this request, Committee staff is available to meet with your 
     staff to discuss any matter raised in this letter. If you 
     have any questions about this request or if your staff would 
     like to meet with Committee staff, contact Kelly Johnson, 
     Counsel to the Energy and Natural Resources Committee, at 
     224-4971. All correspondence regarding this request should be 
     addressed to the attention of Ms. Johnson.
       Thank you in advance for cooperation with the work of the 
     Committee.
           Sincerely,
                                               Frank H. Murkowski,
                                                         Chairman.

  Mr. MURKOWSKI. I thank the Chair and wish the occupant a good day.
  Mr. Johnson address the Chair.
  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. JOHNSON. I ask unanimous consent to address the Senate for such 
time as I may consume.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________