[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[House]
[Pages H6026-H6035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1999
The Committee resumed its sitting.
{time} 1745
The CHAIRMAN. The gentleman from Massachusetts (Mr. McGovern) is
recognized for 5 minutes in support of his amendment.
Mr. McGOVERN. Mr. Chairman, I rise today along with my colleague from
New Jersey (Mr. Pappas), in support of an initiative that is vital to
our children, our families and our Nation: Reestablishing the Stateside
program of the Land and Water Conservation Fund.
I want to thank the gentleman from Ohio (Mr. Regula) for his
graciousness as we take up debate on this important issue. He and his
staff have always extended every courtesy to me and my office, and I
also want to thank the gentleman from Illinois (Mr. Yates), the ranking
member, and the gentleman from Washington (Mr. Dicks) and their staff
for all of the help that they have provided me.
The Land and Water Conservation Fund has a proven track record and
strong bipartisan support. The Land and Water Conservation Fund is a
simple idea. It uses money from nonrenewable public resources like
offshore oil and gas drilling and reinvests the money into a renewable
resource: Public open space.
A trust fund was established over 30 years ago to meet the need for
more open space and in that time, over 37,000, over 37,000 park and
recreation projects, from neighborhood parks and ballfields to scenic
trails, nature reserves and historical sites, have all been developed.
This is a real American success story.
Unfortunately, the spirit of this program has been misdirected in
recent years. Though Congress has funded the Federal program which has
protected Federal lands, the Stateside program has been zeroed out. For
those who believe that the Stateside program is better provided by the
States, I would respectfully disagree and say that the States cannot do
it alone. The Stateside program is already a partnership, as States and
towns match every Federal dollar. We can leverage good money on good
projects.
The Stateside program acknowledges State leadership on parks and open
space projects and works in lock step with what I would say is a
Republican philosophy to devolve power back to the States. It is a
nonregulatory program that lets States take the lead, a successful
program with a successful track record administered at the State level.
That is why governors from all over the country support the Stateside
fund.
[[Page H6027]]
Not funding the Stateside program amounts to a broken promise made to
the American people. When we decided to open the Outer Continental
Shelf to oil drilling, exploitation of a nonrenewable resource, we
pledged to use some of the revenues for the public good, to protect
open space. Every year, the Land and Water Conservation Fund takes in
$900 million from oil and gas receipts, but less than 25 percent of
this has been appropriated over the last decade. We are breaking our
promise to the American people by not spending this money in the way in
which it was intended.
This amendment that we are offering today is a step in the right
direction toward renewing that promise. It is the perfect time to
revitalize the Land and Water Conservation Fund program. Right now,
States are developing their own plans to invest in open spaces. With
our strategic investment, we can help them fight sprawl, revitalize
urban areas, and conserve cherished cultural heritage sites.
In some low-income urban communities, such as Chelsea in Summerville,
Massachusetts, the Stateside program is responsible for virtually all
parks in the city. Without the Stateside fund, there would literally be
no public open space in those communities.
Kids in cities need safe green spaces to play in. Without safe,
healthy parks, they go from home to school and back without ever
interacting with a natural area: Trees, grass, places to explore.
Unused open space in rural areas is natural area. Unused space in a
city is a vacant lot with garbage, glass, dirty needles and possibly
drug dealing. Vacant lots also increase childhood asthma by increasing
airborne dust. Transforming a dangerous vacant lot into a community
garden or neighborhood playground gives a neighborhood hope and
increases public health and safety.
I have seen some of the great things the Stateside program can do. In
my home city of Worcester, Massachusetts there are about 40,000 annual
visits to Green Hill Park, an innercity green space which received
$225,000 in the 1980s to revamp a farm zoo in that park. This is the
kind of investment we need to save our urban neighborhoods.
Our amendment proposes to take $30 million from the fossil energy
turbine program and redirect it to the National Park Service for the
purpose of funding the Stateside program. What will $30 million do? It
gives the States something to work with. They have not seen Stateside
funding since 1995. It will help get grant programs back on line, and
it will help further demonstrate the need and support for the program
by using the $30 million strategically.
Mr. Chairman, I ask that my colleagues support this bipartisan effort
to reinstate the Stateside program with the Land and Water Conservation
Fund to ensure we have a better environment for everybody. Please
support the McGovern-Pappas amendment.
Mr. PAPPAS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in support of this amendment offered by my
colleague from Massachusetts (Mr. McGovern). This Interior
appropriations bill contains within it the appropriations for the Land
and Water Conservation Fund. However, only $139 million is appropriated
for this important fund, despite it reaching levels of $5 billion.
Moreover, there are no funds in this bill for the Stateside matching
grant program.
In my State of New Jersey, there is much debate about the future of
urban sprawl, loss of open space and farmland, and the need
recreational opportunities. This fund was originally intended to be a
Federal complement to State efforts to provide for parks, recreation
and open space. The Federal component, however, is gone.
This issue is critical to the Northeast and every region across this
country with urban sprawl. I have even introduced my own bill to help
further address this problem in my region, H.R. 3566. Open space is
critically important to preserve the quality of life for those that
live in high-growth areas. The Federal Government can play an important
role in providing money to cash-strapped States and local governments
that seek to fund efforts to improve their quality of life.
This amendment is a much-needed amendment to provide an additional
$30 million for the Stateside of the Land and Water Conservation Fund.
Under the formula written in the law, States, through the Stateside
program, would receive up to $2 million each to help improve quality of
life for communities and families.
Finally, I want to thank the chairman for crafting an overall good
bill. It is a very lean year, I understand, and represents a $200
million reduction from last year. Offsets such as the one identified in
this amendment are harder to find in lean bills. However, I must
respectfully state my opinion through this amendment that the Land and
Water Conservation Fund in general, and State grant program in
specific, must reflect a higher priority of this Congress and
administration.
This amendment will help save an important Federal program that helps
States. It is consistent with Republican priorities by giving power to
States. It does not create more Federal land ownership; it allows
flexibility on the local level, and as a former local elected official,
this is the type of program that will help existing open space and
recreational efforts of local governments.
This is an amendment that this Congress should support, the Stateside
program. I strongly urge passage of the McGovern amendment.
Mr. VENTO. Mr. Chairman, I move to strike the requisite number of
words.
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Mr. Chairman, I wanted to rise in support of this
amendment and others that seek to enhance the utilization of resources
from the Land and Water Conservation Fund. The fact is that there is
from the offshore oil and gas revenues a commitment until appropriated
of $900 million a year. The measure before us appropriates only a small
portion of those dollars.
Now, I understand the limitations that the subcommittee members face,
but I think that completely terminating, and it has been done in past
Congresses, the funding for the State set-aside for the Land and Water
Conservation Fund is the wrong way to go. I think we have a commitment
here. I know that this amendment is really only a modest beginning as
we try to restore the integrity and the necessity for the funds to the
States for these particular programs. I mean the basic tenet is that as
we deplete resources from the Outer Continental Shelf, both oil and
gas, that the resources of some of the dollars that come from those
resources are provided for setting aside and purchasing some lands for
the legacy of those that come after us.
So I strongly support this, empowering and providing the States this
opportunity.
I want to commend the gentleman from Massachusetts (Mr. McGovern),
and the gentleman from New Jersey (Mr. Pappas) for raising this. I just
wanted to comment briefly that I recognize our colleague from Illinois'
distinguished service and had noted that in my earlier remarks that I
put in the Record, as well as the continued good work of the chairman
of this committee and others that have served here, including the
gentleman from Pennsylvania (Mr. McDade). While over the years we have
had our differences about how to proceed with policy, I think that they
have been conscientious Members, especially of course the gentleman
from Illinois (Mr. Yates), who has left I think an indelible mark on
many of the special programs that exist in this subcommittee of
appropriations on Interior.
I have concerns about the bill, especially the underfunding, and I
think that that needs to be remedied in terms of how we have allocated
the dollars so that this subcommittee would have the funding that would
reflect the will of the American people in terms of the concerns that
they have with these programs. I am concerned about some elements in
the rule where some amendments are given favored treatment, others are
ruled out of bounds in terms of reaching them, but generally, there is
a lot positive in this bill and I am really torn in terms of a decision
to support it.
But I am not torn about this amendment. This is a good amendment, and
I urge the Members to support it and hope that we can restore some full
spending at some time to the Land and Water Conservation Fund, and I
again commend the gentleman.
So I rise in support of the amendment offered by my colleagues to
increase funding for
[[Page H6028]]
the Land and Water Conservation Fund for stateside matching grant
program. I do regret the decision to offset the funding from the Energy
Conservation Program, but do support the opportunity to discuss the
unmet commitment represented in the Conservation Fund.
When Congress first passed the Land and Water Conservation Act in
1965, they recognized the need to ``assist in preserving, developing,
and assuring accessibility to all citizens of the United States of
America of present and future generations . . . To outdoor recreation
resources . . . '' To insure that access, the Congress pledged to
provide funds for States in planning, acquisition, and development of
needed areas and facilities. The fund was also to be used for Federal
acquisition and development.
While the funding source for LWCF has produced a more than generous
level to conduct both portions of the program, the program has been too
successful. The $900 million authorized level has been diverted to fund
other programs with minimal funding for the Federal funding and, since
1995, no money for State matching grants.
The State matching programs has been an integral component of State
and local recreation programs. I am certain that many of my colleagues
have visited recreation centers, wildlife areas, and parks funded in
part by LWCF.
Unfortunately the lack of matching Federal funds has created a major
backlog in State and local community programs. The McGovern amendment
would be a start to address those pressing needs.
While I support the restoration of funding for LWCF, I am concerned
about the source of the offset. It is my hope that should this
amendment be successful, other options will be considered by a
conference committee as offsets.
Mr. REGULA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, how quickly we forget. I can remember not too many
years ago when people stood in this well wondering where were we going
to get energy, when we had OPEC tying up petroleum, lines at the
gasoline stations. We said, let us not let that happen again. We had a
special commission meeting all hours of the day and night trying to
address the problem. Industries closed down, hospitals and schools were
suffering problems. How quickly we forget. We forget we sent soldiers,
disrupted families, spent billions of dollars in Desert Storm to
protect our energy supply, and now we want to take another hit at
energy conservation.
These programs result from the experience of OPEC tying up our energy
supply. They result from an understanding that we have to conserve. The
gentleman from Colorado (Mr. Skaggs) not long ago was making a strong
case for energy conservation. Here we have a bill that says, let us
take another bite out of energy conservation to fund local facilities,
golf courses. We remember when the Land and Water Conservation funds
went to the States. It was easy money. It came from the ``Federal
Government.''
So they did not worry too much. The State built swimming pools, golf
courses, tennis courts. That is not a wise investment when we are
threatening the energy security of this Nation. That is what this
amendment boils down to.
We have enormous needs in our Federal lands. We are the Federal
Government. Forty-seven States advised the National Governors'
Association that they have surpluses. If they have surpluses, they
should be building the tennis courts, the swimming pools and the golf
courses in their communities. We have $10 billion of backlog
maintenance. This is the testimony of the administration. We have land
management agencies that are trying to deal with in-holdings. We need
whatever funds we can get to buy in-holdings where people are living in
the center of parks and forests and other government facilities.
Given the backlog of maintenance of $10 billion, given the backlog of
in-holding purchases that we should make of $8.6 billion, it certainly
makes absolutely no sense to take money out of the Land and Water
Conservation Fund. We do not have enough.
See that stack of three looseleaf notebooks? They represent requests
from Members of this body, some 2,000 letters we received, many of them
are multiple, of course, from Members saying, buy this land, do this
project. The gentleman from Utah (Mr. Hansen) is here, and he hears the
same thing over in the Committee on Resources.
We are already, woefully short of the funds that we need to meet the
needs brought to our attention by Members in testimony. We had an
entire day of Members testifying in front of our committee about the
needs in their districts on Federal programs, and 47 States with
surpluses, and we are proposing to give them money to build golf
courses, tennis courts, swimming pools? Forget it. And to take it out
of energy conservation?
Mr. McGOVERN. Mr. Chairman, will the gentleman yield?
Mr. REGULA. I yield to the gentleman from Massachusetts.
Mr. McGOVERN. Mr. Chairman, I would agree with the gentleman in
enforcing accountability in this program, but I would simply say that
this is not what we are talking about when we are talking about the
importance of this program. We are talking about open spaces for
families, we are talking about areas in inner cities that otherwise
would be left vacant.
{time} 1800
The beauty of this program is, kind of like the State revolving fund,
it would leverage more money from the State. It is not just the Federal
Government giving money, but we are getting money from the State, and
that is in keeping with the spirit that you believe.
Mr. REGULA. Mr. Chairman, reclaiming my time, we are talking about
open spaces on Federal lands too. And we are talking about all those
millions of visitors that want to go to our Federal lands, and I think
it is the responsibility of the cities to fund these programs. Most of
them have income tax programs, they have other sources of revenue. And
from what I read, many of the cities are doing pretty well and the
States are doing well because the economy is strong.
One of the reasons the economy is strong is because energy is cheap.
Of course, the gentleman was not here, but if he had been here when we
had these debates, when gasoline was $1.50 a gallon, he would
understand that this is an unwise proposal.
Mr. McGOVERN. Mr. Chairman, if the gentleman would continue to yield,
I appreciate that, and I also appreciate the importance of protecting
Federal lands, but I think we can do both. And what we are talking
about here is really a very modest investment to try to help leverage
State funds to protect open spaces in States all across this country,
and I would again urge support of this amendment.
The CHAIRMAN. The time of the gentleman from Ohio (Mr. Regula) has
expired.
(By unanimous consent, Mr. Regula was allowed to proceed for 1
additional minute.)
Mr. REGULA. Mr. Chairman, I think while this is a noble cause, and
while it would be nice if we had the money, we do not. We do not have
the money to meet the Federal responsibility. We do not have the money
to do the backlog. We do not have the money to buy the in-holdings. We
do not have enough money to meet Federal needs, as evidenced by those
hundreds of requests from all of my colleagues for additional programs.
If we had a great amount of money, it would be different. If we had
energy security, it would be different. If we had a stable Middle East,
which is an enormous source of petroleum, it would be different. But I
hope we have learned our lessons in the past, and I would strongly urge
Members to vote ``no'' on this amendment.
Ms. CHRISTIAN-GREEN. Mr. Chairman I rise in strong support of the
amendment of my fellow Freshman Class colleague, Mr. McGovern and would
urge all of my colleagues to support it as well.
Mr. Chairman since its enactment in 1964, over $3 billion have been
appropriated from the Land and Water Conservation Fund for matching
grants to the 50 States and U.S. Insular areas for land acquisition and
recreation development. Through this program more than 2.3 million
acres have been acquired and recreation facilities have been built on
some 25,000 sites.
In my own district, LWCF funds have been used for very important land
acquisitions at the VI National Park on St. John and hopefully, very
soon, to create a National Park Service presence at the recently
authorized Salt River National Park on the island of St. Croix.
Equally and vitally important are the funds provided from the LWCF
for State and local
[[Page H6029]]
recreation programs, known as the Urban Parks and Recreation Program.
When the LWCF was enacted over thirty years ago, one of its stated
purposes was to assist in the preservation, development and assuring
the accessibility to outdoor recreation resources. Using this mandate,
the LWCF has been used to build ballparks in urban settings from
Oakland, California to Washington, DC to my own area in the Virgin
Islands.
In years past, the UPAR program received bipartisan support for
increased funding every year, because members on both sides of the isle
recognized the importance of recreation in the development of our young
people. That is why I strongly support the amendment of my colleague
from Massachusetts which would restore funding for the LWCF program to
the level requested by the Administration.
Mr. Chairman, I also want to urge my colleagues to again resist
efforts to eliminate funding for the National Endowment for the Arts.
Every federal dollar spent by the NEA leverages many additional public
dollars at the state and local level. Last year, the $98 million
dollars allocated to the NEA helped create a system that supports 1.3
million full time jobs in states, cities, towns and villages across the
country, providing $3.4 billion back to the federal treasury in income
taxes.
We must continue to support the NEA not only because of the untold
benefits this agency has on our culture but also because of the
importance that artistic expression and creativity has on the
development of our children.
In closing Mr. Chairman, I want to pay tribute to the Gentleman from
Illinois, the Ranking Member on the Interior Appropriation Committee,
Mr. Yates. My colleagues, those of us from the U.S. offshore areas are
very thankful to Mr. Yates for the support he has given to our needs
over the years. Whether it has been for disaster assistance as was the
case with Hurricanes Hugo and Marilyn in my district or to our many
other important needs, Chairman Yates as he was known for so many
years, was always willing to come to our aid.
And so I want to say to Mr. Yates on behalf of the people of the
Virgin Islands, whom I am privileged to represent, thank you for your
support. You will be sorely missed in this body but we wish you a very
enjoyable retirement and come and visit us in the Virgin Islands. God
Speed.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. McGovern).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. McGOVERN. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 504, further proceedings
on the amendment offered by the gentleman from Massachusetts (Mr.
McGovern) will be postponed.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to ask the gentleman from Ohio (Mr.
Regula), as the manager of the bill, to discuss for a moment a program
of particular interest to me, the gentleman from New Hampshire (Mr.
Bass), the gentleman from Delaware (Mr. Castle), the gentleman from New
York (Mr. Boehlert), and many others of my colleagues. It is a subject
which has broadly been discussed, the Land and Water Conservation Fund.
As the gentleman knows, the Land and Water Conservation Fund, which
uses revenue from offshore oil and gas drilling for the protection of
recreation, historic and natural resource lands across the country, is
of critical importance to the State of New Jersey and other States
across the Nation.
I appreciate the historic support offered by the gentleman from Ohio
(Chairman Regula) for this program. Funding levels for the Land and
Water Conservation Fund in recent years, however, have resulted in a
backlog of unmet acquisition needs at many parks, forests, and wildlife
refuges.
I am grateful the Congress finally addressed this need last year by
appropriating an additional $699 million to the Land and Water
Conservation Fund funds, and I know that that could not have happened
without the support of the gentleman from Ohio.
I would like to ask the gentleman a question related to the $699
million contained in last year's Interior Appropriations bill. Of the
$699 million appropriated, it is my understanding that $362 million
will be used to address high priority land acquisitions and backlog
maintenance needs around the country, but the final decision of what
projects will be funded has not yet been made.
Mr. Chairman, I would inquire, is it the gentleman's intention to
finalize the list of acquisitions before the end of the fiscal year
1998?
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, I would tell the gentleman that yes, it is.
I can assure the gentleman from New Jersey that it would be my intent,
and I think my colleague in the Senate feels the same way, to spend
these funds this year on high priority land, such as in-holdings, high
priority land acquisition and backlog maintenance projects.
Mr. FRELINGHUYSEN. Mr. Chairman, reclaiming my time, I thank the
gentleman, and would ask his indulgence for one more question.
Despite the extraordinary funding for Land and Water Conservation
projects, there will continue to be an annual need to address ongoing
acquisitions within Federal units. In fiscal year 1999 the
administration requested $270 million, which is in line with regular
funding levels in recent years, but the House bill was unable to
achieve this level this year.
I realize the chairman of the subcommittee has worked on under strict
budgetary constraints and in fact received a lower 302(b) allocation
than last year. However, it is my fervent hope that the conferees from
this body can work to arrive at a final Land and Water Conservation
level that is at least consistent with the Senate's appropriation.
Is it the gentleman's intention to move in this direction?
Mr. REGULA. Yes, it is. As the gentleman from New Jersey pointed out,
there are many competing demands on the limited funds provided in this
bill, and I feel that we have done as well as we could.
However, I certainly recognize the importance of the Land and Water
Conservation Fund, particularly in meeting the need for purchase of in-
holdings and in meeting ongoing acquisition needs, as well as its
importance to many Members of this body who support projects in their
district. Here is an example, all three of these are Member projects
letters.
While we cannot meet every request, the subcommittee will certainly
strive to work with the Senate to reach a more adequate funding level
in conference. And let me say parenthetically that we imposed moratoria
on a great deal of offshore drilling which, of course, substantially
reduced the flow of money into the Land and Water Conservation Fund.
Mr. FRELINGHUYSEN. Mr. Chairman, I appreciate the commitment of the
gentleman from Ohio (Chairman Regula) and look forward to working with
him on this important issue.
Mr. GUTIERREZ. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I intended to offer an amendment this afternoon that I
believe makes dollars and makes sense. My amendment was based on the
simple premise that government agencies responsible for administering
programs with similar and complementary purposes can achieve greater
success by working together in our urban communities.
Interagency cooperation, the wise use of tax dollars and the
development of innovative approaches that employ ideas from a variety
of disciplines and sciences, should be promoted more often by this
Congress. That is what my amendment sought to accomplish.
Also, I believe that my amendment would have been timely. We are
currently in the middle of what scientists predict will be the hottest
July in some 600 years. We have never recorded a month hotter than the
one we are currently experiencing. In the Midwest and New England,
major utility corporations do not have the power to deal with the added
costs of cooling urban areas. Rolling burnouts have already occurred
and are predicted to occur with more regularity as the summer
progresses and the heat rise.
In Chicago, Commonwealth Edison says they are not sure who is going
to get electricity at what point. However, the heat wave that currently
grips our Nation, raising temperatures above 100 and the heat index
above 110 in cities throughout America, is not an anomaly. This decade
has witnessed the six hottest summers on record.
We should begin to expect these types of weather effects more often.
We
[[Page H6030]]
should also note that excessive summer heat is worse in our cities and
metropolitan areas. Thus we should focus our attention to our urban
communities where dangerous summer heat has become a public health
hazard.
Currently, the Department of Energy conducts research into the
causes, consequences, and possible solutions to the urban heat-island
phenomenon. This research demonstrates that summer temperatures are 5
to 10 degrees higher in central cities than in surrounding areas.
As my colleagues can imagine, the energy costs and air pollution
resulting from these heat islands present critical problems for urban
communities and their residents. But beyond the higher utility bills
and air quality that heat islands foster are serious public health
concerns that must also be addressed.
I represent an urban constituency. Asphalt, brick and tar are common
in my community. In 1995, in my congressional district alone, 100
people died because of excessive summer heat. Throughout the City of
Chicago in mid-July of 1995, nearly 600 people died during the worst
heat wave this decade. The National Oceanic and Atmospheric
Administration study of heat waves demonstrates that in certain
sections of the city the mercury was 10 degrees higher than in the
suburbs of the City of Chicago. The heat index, which also factors in
humidity as well, was nearly 15 degrees higher.
Now, this year the Dallas area has witnessed the effects of urban
heat island. For 15 straight days in Dallas the heat has reached 100
degrees or more. More than 80 people have died as a direct result of
heat-related illnesses in the Dallas area and across the South.
DOE research has shown that the heat-island phenomenon is prevalent
throughout the country. I believe we should look for solutions to this
serious public health concern. The Forest Service currently administers
a program that should be integrated with the Energy Department's heat-
island research to help lessen the effects of summer heat in urban
areas. Between these two agencies, we understand the problem and we can
come to an important solution.
The DOE can supply the data that helps local communities plan where
urban green space must be improved and expanded. The Forest Service can
help local communities plant and maintain trees and flora. By
cooperating, sharing, and working together, these agencies can fulfill
their missions more effectively.
I do not believe that additional appropriations are required by this
amendment. The programs in question also will not have to be changed.
What the amendment would have required is coordination and innovation,
not dollars and regulation.
Mr. Chairman, I feel strongly that this is a win-win situation for
our government and cities. Developing solutions to problems of urban
heat and pollution cannot be put off any longer. Let us get the
agencies working together on this.
Mr. Chairman, I will not offer my amendment today, but instead would
ask to engage in a colloquy with the gentleman from Ohio (Mr. Regula),
chairman of the Subcommittee on Interior Appropriations.
The CHAIRMAN. The time of the gentleman from Illinois (Mr. Gutierrez)
has expired.
(By unanimous consent, Mr. Gutierrez was allowed to proceed for 30
additional seconds.)
Mr. GUTIERREZ. Mr. Chairman, I would ask that the members of the
subcommittee work with me to compel the Forest Service and the
Department of Energy to sit down and coordinate their efforts to reduce
heat and pollution in order to save energy and to save lives. I would
urge the gentleman from Ohio (Mr. Regula), the manager of the bill, to
follow the progress of these agencies towards achieving that goal.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. GUTIERREZ. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, we will urge them to do that. I do not know
if the gentleman heard my opening statement, but I pointed out that we
have pushed all agencies to coordinate wherever possible to gain
efficiencies in the expenditure of monies as well as to serve the
public better.
So this is an example, I think, where two agencies can coordinate
their efforts to meet the needs that the gentleman from Illinois has
outlined in his remarks.
Mr. GUTIERREZ. Mr. Chairman, reclaiming my time, I thank the
gentleman from Ohio, and I look forward to working with him.
Mr. GUTKNECHT. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I wish to engage in a colloquy with the distinguished
gentleman from Ohio (Mr. Regula), chairman of the Subcommittee on
Interior Appropriations, concerning the proposed National Eagle Center
in Wabasha, Minnesota.
Many of my colleagues may recall a CBS report last winter concerning
efforts in the City of Wabasha, Minnesota, to construct a National
Eagle Center. In his news report, anchorman Harry Smith stated that it
makes his heart quicken to see this magnificent symbol of our Nation in
its natural environment: Hundreds of bald eagles perched in the
cottonwoods and fishing along the banks of the Mississippi River near
Wabasha, a community of 2,500 people made famous by the movie, ``Grumpy
Old Men.''
Mr. Chairman, Harry Smith is not unlike millions of Americans who are
thrilled to have a rare chance to see a bald eagle in the wild. In
fact, CBS News officials said the network received more phone calls
requesting copies of this story of Smith's than any other.
For the past 9 years, 70 volunteers from in and around Wabasha,
Minnesota, have generously donated their time and talent in order to
share this once-in-a-lifetime experience with the thousands of visitors
who come each year to see this remarkable bird. These thousands of
visitors come to Wabasha because nowhere else in the lower 48 States
can one find a better view of this, our national symbol.
{time} 1815
Nowhere else can visitors benefit, free of charge, from a trained
staff of volunteers who help them spot and learn more about the Bald
Eagle.
But as my colleague knows, Minnesota can get very cold in the winter,
and that is why the City of Wabasha and the State of Minnesota have
joined forces and contributed $1.9 million, about half the amount
necessary, to construct an indoor eagle viewing and educational
facility for the benefit of visitors from all over the country.
Mr. Chairman, I have asked the gentleman from Ohio (Mr. Regula), the
chairman of the subcommittee, if he would lend his support for the
National Eagle Center. I understand the chairman will consider this
request as the Interior bill is taken up in conference with the Senate.
Mr. REGULA. Mr. Chairman, will the gentleman yield?
Mr. GUTKNECHT. I yield to the gentleman from Ohio.
Mr. REGULA. Mr. Chairman, the gentleman from Minnesota is correct in
his understanding. Recognizing the level of commitment on the part of
the State of Minnesota and the community of Wabasha, as well as the
national interests served by this center, I will work with the
gentleman from Minnesota in his efforts to include supportive language
in a statement of managers to accompany the conference report on the
Interior bill.
Mr. GUTKNECHT. Mr. Chairman, I greatly appreciate the chairman's
willingness to work with me on this project, which is so important to
my home State, the community of Wabasha, me and, most importantly, to
millions of Americans eager to see this remarkably beautiful symbol of
our Nation.
Mr. REGULA. Mr. Chairman, I ask unanimous consent that the bill
through page 55, line 14, be considered as read, printed in the Record
and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The text of the bill from page 20, line 4 through page 55, line 14 is
as follows:
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 375 passenger
motor vehicles, of which 291 shall be for replacement only,
including not to exceed 305 for police-type use, 12 buses,
and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process
[[Page H6031]]
any grant or contract documents which do not include the text
of 18 U.S.C. 1913: Provided further, That none of the funds
appropriated to the National Park Service may be used to
implement an agreement for the redevelopment of the southern
end of Ellis Island until such agreement has been submitted
to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in
which either House of Congress is not in session because of
adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating
units based on the safety record of each unit the costs of
programs designed to improve workplace and employee safety,
and to encourage employees receiving workers' compensation
benefits pursuant to chapter 81 of title 5, United States
Code, to return to appropriate positions for which they are
medically able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its territories and
possessions, and other areas as authorized by 43 U.S.C. 31,
1332, and 1340; classify lands as to their mineral and water
resources; give engineering supervision to power permittees
and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641);
and publish and disseminate data relative to the foregoing
activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $774,838,000 of which $68,096,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,400,000
shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $150,871,000
shall be available until September 30, 2000 for the
biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed
53 passenger motor vehicles, of which 48 are for replacement
only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing
of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly
appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Survey
may contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
science students or recent graduates, who shall be considered
employees for the purposes of chapter 81 of title 5, United
States Code, relating to compensation for work injuries, and
chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees
for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only; $116,402,000, of which $72,729,000
shall be available for royalty management activities; and an
amount not to exceed $100,000,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service over
and above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided,
That $3,000,000 for computer acquisitions shall remain
available until September 30, 2000: Provided further, That
funds appropriated under this Act shall be available for the
payment of interest in accordance with 30 U.S.C. 1721(b) and
(d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Director of the Minerals Management Service
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or Tribes, or to correct prior unrecoverable
erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,118,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$93,074,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to
remain available until expended, from performance bond
forfeitures in fiscal year 1999 and thereafter: Provided,
That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys
collected in fiscal year 1999 for civil penalties assessed
under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and
per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement
sponsored training: Provided further, That beginning in
fiscal year 1999 and thereafter, cost-based fees for the
products of the Mine Map Repository shall be established (and
revised as needed) in Federal Register Notices, and shall be
collected and credited to this account, to be available until
expended for the costs of administering this program.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $185,416,000,
to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to
$7,000,000, to be derived from the cumulative balance of
interest earned to date on the Fund, shall be for
supplemental grants to States for the reclamation of
abandoned sites with acid mine rock drainage from coal mines,
and for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program
States will be $1,500,000 per State in fiscal year 1999:
Provided further, That of the funds herein provided up to
$18,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no
more than 25 percent shall be used for emergency reclamation
projects in any one State and funds for federally
administered emergency reclamation projects under this
proviso shall not exceed $11,000,000: Provided further, That
prior year unobligated funds appropriated for the emergency
reclamation program shall not be subject to the 25 percent
limitation per State and may be used without fiscal year
limitation for emergency projects: Provided further, That
pursuant to Public Law 97-365, the Department of the Interior
is authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government to
pay for contracts to collect these debts: Provided further,
That funds made available to States under title IV of Public
Law 95-87 may be used, at their discretion, for any required
non-Federal share of the cost of projects funded by the
Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided
further, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining
Control and Reclamation Act of 1977, as amended (30
[[Page H6032]]
U.S.C. 1231 et seq.), if the amount set aside is deposited in
an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is
expended by the State to undertake acid mine drainage
abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects:
Provided further, That hereafter, donations received to
support projects under the Appalachian Clean Streams
Initiative and under the Western Mine Lands Restoration
Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall be
credited to this account and remain available until expended
without further appropriation for projects sponsored under
these initiatives, directly through agreements with other
Federal agencies, or through grants to States, and funding to
local governments, or tax exempt private entities.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,558,425,000, to remain available until September 30, 2000
except as otherwise provided herein, of which not to exceed
$96,028,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $114,881,000 shall be available for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 1999, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs, and of
which not to exceed $383,451,000 for school operations costs
of Bureau-funded schools and other education programs shall
become available on July 1, 1999, and shall remain available
until September 30, 2000; and of which not to exceed
$52,256,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, self-governance grants, the Indian Self-
Determination Fund, land records improvement, the Navajo-Hopi
Settlement Program: Provided, That notwithstanding any other
provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $42,160,000 within and only from such
amounts made available for school operations shall be
available to tribes and tribal organizations for
administrative cost grants associated with the operation of
Bureau-funded schools: Provided further, That hereafter funds
made available to tribes and tribal organizations through
contracts, compact agreements, or grants, as authorized by
the Indian Self-Determination Act of 1975 or grants
authorized by the Indian Education Amendments of 1988 (25
U.S.C. 2001 and 2008A) shall remain available until expended
by the contractor or grantee: Provided further, That
hereafter to provide funding uniformity within a Self-
Governance Compact, any funds provided in this Act with
availability for more than two years may be reprogrammed to
two year availability but shall remain available within the
Compact until expended: Provided further, That hereafter
notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for general
assistance or change the amount of general assistance
payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general
assistance payments so long as such changes are applied in a
consistent manner to individuals similarly situated and, that
any savings realized by such changes shall be available for
use in meeting other priorities of the tribes and, that any
net increase in costs to the Federal Government which result
solely from tribally increased payment levels for general
assistance shall be met exclusively from funds available to
the tribe from within its tribal priority allocation:
Provided further, That any forestry funds allocated to a
tribe which remain unobligated as of September 30, 2000, may
be transferred during fiscal year 2001 to an Indian forest
land assistance account established for the benefit of such
tribe within the tribe's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2001: Provided
further, That hereafter tribes may use tribal priority
allocations funds for the replacement and repair of school
facilities in compliance with 25 U.S.C. 2005(a), so long as
such replacement or repair is approved by the Secretary and
completed with non-Federal tribal and/or tribal priority
allocation funds.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $121,695,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 1999, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e): Provided further, That funds
appropriated in Public Law 105-18, making emergency
supplemental appropriations for the Bureau of Indian Affairs
for the repair of irrigation projects damaged in the severe
winter conditions and ensuing flooding, are available on a
nonreimbursable basis.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $28,396,000, to
remain available until expended; of which $27,530,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 101-618 and
102-575, and for implementation of other enacted water rights
settlements; and of which $866,000 shall be available
pursuant to Public Laws 99-264, and 100-580: Provided, That
in fiscal year 1999 and thereafter, the Secretary is directed
to sell land and interests in land, other than surface water
rights, acquired in conformance with section 2 of the Truckee
River Water Quality Settlement Agreement, the receipts of
which shall be deposited to the Lahontan Valley and Pyramid
Lake Fish and Wildlife Fund, and be available for the
purposes of section 2 of such agreement, without regard to
the limitation on the distribution of benefits in the second
sentence of paragraph 206(f)(2) of Public Law 101-618.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,501,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and
purchase of not to exceed 229 passenger motor vehicles, of
which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in
[[Page H6033]]
the Bureau school system as of September 1, 1996. No funds
available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995.
In the event any tribe returns appropriations made
available by the Act to the Bureau of Indian Affairs for
distribution to other tribes, this action will not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or the tribe's right to future
appropriations.
Departmental Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$66,175,000, of which: (1) $62,326,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $3,849,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on
Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands grant funding: Provided further,
That of the Covenant grant funding for the Government of the
Northern Mariana Islands $5,000,000 shall be used for the
construction of prison facilities and $500,000 shall be used
for construction and equipping of a crime laboratory unless
the Secretary determines that acceptable alternative
financing for these projects is already in place: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure in American Samoa, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia through assessments of
long-range operations maintenance needs, improved capability
of local operations and maintenance institutions and agencies
(including management and vocational education training), and
project-specific maintenance (with territorial participation
and cost sharing to be determined by the Secretary based on
the individual territory's commitment to timely maintenance
of its capital assets): Provided further, That any
appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $20,545,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $58,286,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$37,304,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,499,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $39,499,000, to remain available until expended:
Provided, That funds for trust management improvements may be
transferred to the Bureau of Indian Affairs: Provided
further, That funds made available to Tribes and Tribal
organizations through contracts or grants obligated during
fiscal year 1999, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That hereafter the
Secretary shall not be required to provide a periodic
statement of performance pursuant to 25 U.S.C. 4011(b), nor
to invest pursuant to 25 U.S.C. 161a, any Indian trust
account managed by the Secretary that has not had activity
for at least eighteen months and has a balance of $1.00 or
less: Provided further, That hereafter the Secretary shall
maintain a record of any such accounts and amounts in such
accounts will remain available upon request to the
accountholder.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and Public Law 101-337; $4,492,000, to remain
available until expended: Provided, That obligated and
unexpended balances in the United States Fish and Wildlife
Service, Natural Resource Damage Assessment Fund account at
the end of fiscal year 1998 shall be transferred to and made
a part of the Departmental Offices, Natural Resource Damage
Assessment and Restoration, Natural Resource Damage
Assessment Fund account and shall remain available until
expended.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in
the ``Departmental Management'', ``Office of the Solicitor'',
and ``Office of Inspector General'' may be augmented through
the Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oilspills; for response and natural resource damage
assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided,
[[Page H6034]]
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimbursement
to be credited to appropriations currently available at the
time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds
shall be made available under this authority until funds
appropriated to ``Wildland Fire Management'' shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, and must be replenished by a supplemental appropriation
which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to
reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in
the President's moratorium statement of June 26, 1990, in the
areas of northern, central, and southern California; the
North Atlantic; Washington and Oregon; and the eastern Gulf
of Mexico south of 26 degrees north latitude and east of 86
degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the
Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by
the United States, or mutual (or other) funds registered with
the Securities and Exchange Commission and which only invest
in obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 112. (a) Employees of Helium Operations, Bureau of
Land Management, entitled to severance pay under 5 U.S.C.
5595, may apply for, and the Secretary of the Interior may
pay, the total amount of the severance pay to the employee in
a lump sum. Employees paid severance pay in a lump sum and
subsequently reemployed by the Federal Government shall be
subject to the repayment provisions of 5 U.S.C. 5595(i)(2)
and (3), except that any repayment shall be made to the
Helium Fund.
(b) Helium Operations employees who elect to continue
health benefits after separation shall be liable for not more
than the required employee contribution under 5 U.S.C.
8905a(d)(1)(A). The Helium Fund shall pay for 18 months the
remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training
to assist Helium Operations employees in the transition to
other Federal or private sector jobs during the facility
shut-down and disposition process and for up to 12 months
following separation from Federal employment, including
retraining and relocation incentives on the same terms and
conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization
Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration
provisions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium
production and sales, and other related Helium Program
activities shall be deemed to create an exigency of public
business under, and annual leave that is lost during leave
years 1997 through 2001 because of, 5 U.S.C. 6304 (regardless
of whether such leave was scheduled in advance) shall be
restored to the employee and shall be credited and available
in accordance with 5 U.S.C. 6304(d)(2). Annual leave so
restored and remaining unused upon the transfer of a Helium
Program employee to a position of the executive branch
outside of the Helium Program shall be liquidated by payment
to the employee of a lump sum from the Helium Fund for such
leave.
(e) Benefits under this section shall be paid from the
Helium Fund in accordance with section 4(c)(4) of the Helium
Privatization Act of 1996. Funds may be made available to
Helium Program employees who are or will be separated before
October 1, 2002 because of the cessation of helium production
and sales and other related activities. Retraining benefits,
including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
Sec. 113. In fiscal year 1999 and thereafter, the Secretary
may accept donations and bequests of money, services, or
other personal property for the management and enhancement of
the Department's Natural Resources Library. The Secretary may
hold, use, and administer such donations until expended and
without further appropriation.
Sec. 114. Notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, funds available under this title for
Indian self-determination or self-governance contract or
grant support costs may be expended only for costs directly
attributable to contracts, grants and compacts pursuant to
the Indian Self-Determination Act and no funds appropriated
in this title shall be available for any contract support
costs or indirect costs associated with any contract, grant,
cooperative agreement, self-governance compact or funding
agreement entered into between an Indian tribe or tribal
organization and any entity other than an agency of the
Department of the Interior.
Sec. 115. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a
reduced entrance fee program to accommodate non-local travel
through a unit. The Secretary may provide for and regulate
local non-recreational passage through units of the National
Park System, allowing each unit to develop guidelines and
permits for such activity appropriate to that unit.
Sec. 116. (a) Denver Service Center employees who
voluntarily resign or retire from the National Park Service
on or before December 31, 1998, shall receive, from the
National Park Service, a lump sum voluntary separation
incentive payment that shall be equal to the lesser of an
amount equal to the amount the employee would be entitled to
receive under section 5595(c) of title 5, United States Code,
if the employee were entitled to payment under such section;
or $25,000.
(1) The voluntary separation incentive payment--
(A) shall not be a basis for payment, and shall not be
included in the computation of any other type of Government
benefit; and
(B) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government
within five years of the date of separation shall be required
to repay the entire amount of the incentive payment to the
National Park Service.
(3) The Secretary may, at the request of the head of an
Executive branch agency, waive the repayment under paragraph
(2) if the individual involved possesses unique abilities and
is the only qualified applicant available for the position.
(4) In addition to any other payment which it is required
to make under subchapter III of chapter 83 of title 5, United
States Code, the National Park Service shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent
of the final basic pay of each employee of the National Park
Service--
[[Page H6035]]
(A) who retires under section 8336(d)(2) of title 5, United
States Code; and
(B) to whom a voluntary separation incentive payment has
been or is to be paid under the provisions of this section.
(b) Employees of the Denver Service Center entitled to
severance pay under 5 U.S.C. 5595, may apply for, and the
National Park Service may pay, the total amount of severance
pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal
Government shall be subject to the repayment provisions of 5
U.S.C. 5595(i) (2) and (3), except that any repayment shall
be made to the National Park Service.
(c) Employees of the Denver Service Center who voluntarily
resign on or before December 31, 1998, or who are separated
in a reduction in force, shall be liable for not more than
the required employee contribution under 5 U.S.C.
8905a(d)(1)(A) if they elect to continue health benefits
after separation. The National Park Service shall pay for 12
months the remaining portion of required contributions.
Sec. 117. Notwithstanding any other provision of law, the
Secretary is authorized to permit persons, firms or
organizations engaged in commercial, cultural, educational,
or recreational activities (as defined in section 612a of
title 40, United States Code) not currently occupying such
space to use courtyards, auditoriums, meeting rooms, and
other space of the main and south Interior building complex,
Washington, D.C., the maintenance, operation, and protection
of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949, and to
assess reasonable charges therefore, subject to such
procedures as the Secretary deems appropriate for such uses.
Charges may be for the space, utilities, maintenance, repair,
and other services. Charges for such space and services may
be at rates equivalent to the prevailing commercial rate for
comparable space and services devoted to a similar purpose in
the vicinity of the main and south Interior building complex,
Washington, D.C. for which charges are being assessed. The
Secretary may without further appropriation hold, administer,
and use such proceeds within the Departmental Management
Working Capital Fund to offset the operation of the buildings
under his jurisdiction, whether delegated or otherwise, and
for related purposes, until expended.
Sec. 118. The 37 mile River Valley Trail from the town of
Delaware Gap to the edge of the town of Milford, Pennsylvania
located within the Delaware Water Gap National Recreation
Area shall hereafter be referred to in any law, regulation,
document, or record of the United States as the Joseph M.
McDade Recreational Trail.
The CHAIRMAN. Are there amendments to the bill through page 55, line
14?
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to House Resolution 504, proceedings will now
resume on those amendments on which further proceedings were postponed
in the following order: the amendment offered by the gentleman from
Colorado (Mr. Skaggs), the amendment offered by the gentleman from
Vermont (Mr. Sanders), and the amendment offered by the gentleman from
Massachusetts (Mr. McGovern).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment Offered by Mr. Skaggs
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Colorado (Mr. Skaggs) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 212,
noes 213, not voting 9, as follows:
[Roll No. 313]
AYES--212
Ackerman
Allen
Andrews
Baesler
Baldacci
Barcia
Barrett (WI)
Bass
Becerra
Berman
Berry
Bilbray
Bilirakis
Bishop
Blagojevich
Blumenauer
Boehlert
Bonior
Boucher
Boyd
Brown (FL)
Brown (OH)
Camp
Campbell
Capps
Cardin
Carson
Castle
Clay
Clayton
Clement
Clyburn
Conyers
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dingell
Doggett
Duncan
Ehlers
Emerson
Engel
English
Ensign
Eshoo
Etheridge
Evans
Farr
Fawell
Fazio
Filner
Foley
Forbes
Fossella
Fox
Frank (MA)
Franks (NJ)
Furse
Ganske
Gekas
Gephardt
Gilman
Goode
Gordon
Greenwood
Gutierrez
Hastert
Hastings (FL)
Hayworth
Hilliard
Hinchey
Hinojosa
Hooley
Hoyer
Hulshof
Jackson (IL)
Jefferson
Johnson (WI)
Johnson, E.B.
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klug
LaFalce
LaHood
Lantos
Lazio
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney (NY)
Manton
Manzullo
Markey
Martinez
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McHugh
McIntyre
McKinney
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Millender-McDonald
Miller (CA)
Minge
Mink
Moran (VA)
Morella
Nadler
Neal
Neumann
Nussle
Oberstar
Obey
Olver
Owens
Pallone
Pappas
Parker
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Petri
Pitts
Porter
Price (NC)
Quinn
Rahall
Ramstad
Rangel
Rivers
Rodriguez
Roemer
Rogers
Rothman
Roybal-Allard
Rush
Sabo
Salmon
Sanchez
Sanders
Sawyer
Schumer
Scott
Serrano
Shays
Sherman
Skaggs
Skelton
Slaughter
Smith (NJ)
Smith, Adam
Smith, Linda
Snyder
Spratt
Stabenow
Stark
Strickland
Stupak
Sununu
Tanner
Tauscher
Thompson
Thune
Tierney
Torres
Towns
Upton
Velazquez
Vento
Walsh
Waters
Watt (NC)
Waxman
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wise
Woolsey
Wynn
Yates
NOES--213
Abercrombie
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bateman
Bentsen
Bereuter
Bliley
Blunt
Boehner
Bonilla
Bono
Borski
Boswell
Brady (PA)
Brady (TX)
Brown (CA)
Bryant
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Canady
Cannon
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Crane
Crapo
Cubin
Cunningham
Davis (VA)
Deal
DeLay
Diaz-Balart
Dickey
Dicks
Dooley
Doolittle
Doyle
Dreier
Dunn
Edwards
Ehrlich
Everett
Ewing
Fattah
Fowler
Frelinghuysen
Frost
Gallegly
Gejdenson
Gibbons
Gilchrest
Gillmor
Goodlatte
Goodling
Goss
Graham
Granger
Green
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hansen
Hastings (WA)
Hefley
Hefner
Herger
Hill
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson-Lee (TX)
Jenkins
Johnson (CT)
Johnson, Sam
Jones
Kanjorski
Kaptur
Kennelly
Kim
Kingston
Klink
Knollenberg
Kolbe
Kucinich
Lampson
Largent
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Livingston
Lucas
Maloney (CT)
Mascara
McCollum
McCrery
McDade
McInnis
McIntosh
McKeon
Mica
Miller (FL)
Moakley
Mollohan
Moran (KS)
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Ortiz
Oxley
Packard
Paxon
Pease
Peterson (PA)
Pickering
Pickett
Pombo
Pomeroy
Portman
Poshard
Pryce (OH)
Radanovich
Redmond
Regula
Reyes
Riggs
Riley
Rogan
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Sandlin
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shimkus
Shuster
Sisisky
Skeen
Smith (MI)
Smith (OR)
Smith (TX)
Snowbarger
Souder
Spence
Stearns
Stenholm
Stump
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thurman
Tiahrt
Traficant
Turner
Visclosky
Wamp
Watkins
Watts (OK)
Weldon (FL)
White
Wicker
Wilson
Wolf
Young (AK)
NOT VOTING--9
Dixon
Ford
Gonzalez
Harman
John
McNulty
Solomon
Stokes
Young (FL)
{time} 1839
Messrs. WATKINS, MOAKLEY, LATHAM, SMITH of Michigan, and Ms. ROS-
LEHTINEN changed their vote from ``aye'' to ``no.''
Mr. SKELTON and Mr. METCALF changed their vote from ``no'' to
``aye.''
{time} 1840
So the amendment was rejected.
The result of the vote was announced as above recorded.
____________________