[Congressional Record Volume 144, Number 121 (Monday, September 14, 1998)]
[Senate]
[Pages S10315-S10318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1999
The Senate continued with the consideration of the bill.
Mr. GORTON addressed the Chair.
The PRESIDING OFFICER. The Senator from Washington.
Amendments Numbered 3582 to 3590 En Bloc
Mr. GORTON. Madam President, I send a group of amendments to the desk
and ask that they be reported en bloc and considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:
The Senator from Washington (Mr. Gorton) proposes
amendments numbered 3582 to 3590 en bloc.
Mr. GORTON. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments en bloc are as follows:
amendment no. 3582
Under the heading ``Bureau of Indian Affairs'',
``Construction'' on page 33, strike the second proviso.
amendment no. 3583
At the end of Title I, General Provisions, add the
following new section:
Sec. . Notwithstanding any other provision of law, the
Tribal Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) is
amended at Sec. 458ff(c) by inserting ``450c(d),'' following
the word ``sections''.
amendment no. 3584
(Purpose: To adjust the boundaries of the Columbia River Gorge National
Scenic Area)
At the end of Title III, add the following new section:
Sec. . (a) In General.--To reflect the intent of Congress
set forth in Public Law 98-396, section 4(a)(2) of the
Columbia River Gorge National Scenic Area Act (16 U.S.C.
544(a)(2)) is amended--
(1) by striking ``(2) The boundaries'' and inserting the
following:
``(2) Boundaries.--
``(A) In general.--Except as provided in subparagraph (B),
the boundaries''; and (2) by adding at the end of the
following:
``(B) Exclusions.--The scenic area shall not include the
approximately 29 acres of land owned by the Port of Camas-
Washougal in the South \1/2\ of Section 16, Township 1 North,
Range 4 East, and the North \1/2\ of Section 21, Township 1
North, Range 4 East, Willamete Meridian, Clark County,
Washington, that consists of--
``(i) the approximately 19 acres of Port land acquired from
the Corps of Engineers under the Second Supplemental
Appropriations Act, 1984 (Public Law 98-396); and
``(ii) the approximately 10 acres of adjacent Port land to
the west of the land described in clause (i).''
(b) Intent.--The amendment made by the subsection (a)--
(1) is intended to achieve the intent of Congress set forth
in Public law 98-396; and
(2) is not intended to set a precedent regarding adjustment
or amendment of any boundaries of the Columbia River Gorge
National Scenic Area or any other provisions of the Columbia
River Gorge National Scenic Area Act.
Amendment no. 3585
(Purpose: To delete funding for acquisition by the United States Fish
and Wildlife Service of the Texas Chenier Plain)
On page 13, line 13, before the period at the end insert
the following: ``, and of which no amount shall be available
for acquisition of the Texas Chenier Plain''.
Amendment no. 3586
(Purpose: To direct the Secretary of the Interior to make corrections
to a map relating to the Coastal Barrier Resources System)
On page 74, after line 20, add the following:
SEC. 1 . CORRECTION TO COASTAL BARRIER RESOURCES SYSTEM
MAP.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior shall
make such
[[Page S10316]]
corrections to the map described in subsection (b) as are
necessary to restore on that map the September 30, 1982,
boundary for Unit M09 on the portion of Edisto Island located
immediately to the south and west of the Jeremy Cay Causeway.
(b) Map Described.--The map described in this subsection is
the map included in a set of maps entitled ``Coastal Barrier
Resources System'', dated October 24, 1990, that relates to
the unit of the Coastal Barrier Resources System entitled
``Edisto Complex M09/M09P''.
Mr. CHAFEE. Madam President, Senator Hollings, on July 31, 1997
introduced a bill that makes a boundary change to Unit M09, Edisto
Island, which was referred to the Committee on Environment and Public
Works. It is my understanding that the amendment he is now offering is
identical to your bill. Is that correct?
Mr. HOLLINGS. The Chairman of the Committee on Environment and Public
Works is correct. The amendment before us is identical to S. 1104.
Mr. CHAFEE. Could the Senator please explain why the circumstances
surrounding this issue are unique?
Mr. HOLLINGS. Certainly, unit M09 has been part of the coastal
barrier system since the passage of the Coastal Barrier Resources Act
in 1982. In 1987, a portion of Edisto Island was annexed by Colleton
County from Charleston County. In 1988, after public notice and
comment, the Fish and Wildlife Service recommended that this unit be
expanded to include additional areas on Edisto Island. The Fish and
Wildlife Service was not advised that a jurisdictional transfer had
occurred and provided maps relating to Edisto Island to Charleston
County, rather than Colleton. Because Colleton County did not have the
appropriate maps, they provided inaccurate maps to landowners at a time
when significant economic development were being made.
Mr. CHAFEE. Madam President, the Committee on Environment and Public
works favorably reported out this bill last May. The area in question
was correctly mapped as an undeveloped coastal barrier, but
extraordinary miscommunication at the Federal, State and local levels
failed to ensure that the appropriate maps were being provided to the
public. As a result, when the landowner inquired from Colleton County
about the status of his land with respect to the Coastal Barrier
Resources System, he was given inaccurate information. The sole reason
that we supported the changes made by Senator Hollings' bill was
because of the unprecedented and unique procedural circumstances in
this case, and we do not anticipate that there would be other instances
that would warrant similar changes. The law only requires Coastal
Barrier Resources System maps to be on file at the United States Fish
and Wildlife Service, and reporting this bill does not imply that
landowners should rely on maps filed at any other location to determine
whether or not their property is located within the Coastal Barrier
Resources System.
amendment no. 3587
On page 74, after line 20, add the following:
SEC. 1 . LAND EXCHANGE IN THE DISTRICT OF COLUMBIA AND
PRINCE GEORGE'S COUNTY, MARYLAND.
Section 135 of the Department of the Interior and Related
Agencies Appropriations Act, 1998 is amended by adding at the
end the following:
``(g) Environmental Impact Statement, Compliance With
Law.--As a condition of the exchange of property under this
subsection, the Secretary shall--
``(1) prepare an environmental impact statement in
accordance with the National Environmental Policy Act, and
``(2) comply with all other applicable laws (including
regulations) and rules relating to property transfers.''.
Mr. SARBANES. Madam President, I am pleased to join with my colleague
Senator Mikulski in sponsoring this amendment to require the Secretary
of the Interior to prepare an environmental impact statement and comply
with all other applicable laws, rules and regulations related to
property transfers before engaging in a land exchange near Oxon Creek
in Prince Georges County and the District of Columbia.
Section 135 of the Interior Appropriations Act of 1998 directs the
Secretary of the Interior, to ``accept full title to approximately 84
acres of land located in Prince Georges County, Maryland, adjacent to
Oxon Cove Park, and * * * in exchange * * * convey to the Corrections
Corporation of America all of the interest of the United States in
approximately 42 acres of land located in Oxon Cove Park in the
District of Columbia,'' ``notwithstanding any other provision of law.''
The language directing this exchange was inserted at the eleventh hour
in the Conference Report on the Interior Appropriations bill with no
prior hearings or consideration, no opportunity for debate, no input
from the National Park Service or the area Congressional Delegation and
no consultation with the affected communities. It circumvented every
procedure and process by which land exchanges normally take place. The
only conditions placed on the transaction were that the property would
not have environment contamination and that it be a fair market value
exchange or equalized in value by a cash payment from CCA.
Since the enactment of the Interior Appropriations bill, the
Corrections Corporation of America (CCA) has filed an application with
the District of Columbia Zoning Commission to build a 2,200 bed prison
on the 42 acre National Park site to house portions of the District of
Columbia's inmate population. This facility is strongly opposed by
local residents who have raised serious concerns about both the planned
location of the prison and the propriety of bypassing National Park
Service land exchange and environmental compliance guidelines which
allow for public input. Department of the Interior officials have
stated that ``absent public review, which NPS has been precluded to
conduct by statute, it is not clear that the location of a prison on
the current parcel of park land would be in the best interest of the
public. Further, the legislated land exchange with CCA does not afford
equal opportunity to all potential bidders to provide a nearby inmate
facility for felons of the District of Columbia.''
It is important to point out that the National Park Service's Oxon
Cove property has been planned as the site of a public golf course and
a hiker-biker trail--recreational facilities urgently needed in great
demand by the local community. They are a key component of an overall
effort to revitalize the area and enhance the quality of life for local
residents. These public facilities would largely be displaced by the
CCA prison. Moreover, development of a correctional facility on this
site would likely have adverse environmental impacts on Oxon Cove and
on the Potomac River which was recently designated as an American
Heritage River. In addition, it is my understanding that the CCA owned
property in Prince Georges County is mostly wetlands and has no access
and consequently the land swap is hardly a ``fair market value''
exchange.
The amendment which Senator Mikulski and I are offering will ensure
that no legislated land exchange can be consummated unless and until
the exchange has been reviewed in accordance with the procedures
customary for such land exchange proposals including: an Environmental
Impact Statement in accord with the National Environmental Policy Act;
a determination by the Secretary of the Interior that the land is
suitable for exchange under the criteria normally used for such
exchanges; an evaluation of whether the land exchange is in the best
interests of the public and the National Park Service; an opportunity
for public hearings and input; a review of the NPS General Management
Plan for the property and scrutiny by the National Capital Planning
Commission. It is my firm conviction that this legislated land exchange
should never have been enacted. We hold this property and all of our
Nation's lands in public trust and it my hope that the amendment we are
offering will help preserve that trust as well as citizens' rights to
due process and having their concerns heard. I urge adoption of this
amendment.
Amendment No. 3588
(Purpose: To modify Section 121 of the bill regarding wildland fire
management in Alaska)
On page 59, line 25, insert between the words ``Alaska''
and ``prior'' the following: ``for assignment to a Type I hot
shot crew that previously has been certified and listed in
the Bureau of Land Management 1998 Interagency National
Mobilization Guide,''.
Amendment No. 3589
S. 2237 is hereby amended as follows:
At page 19, line 20, add the following after the word
``program'': ``and of which $4,400,000 shall be available for
the Katmai National Park Land Exchange''.
At the appropriate place insert the following new section:
[[Page S10317]]
SEC. XXX. KATMAI NATIONAL PARK LAND EXCHANGE.
(a) Ratification of Agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in
the document entitled ``Agreement for the Sale, Purchase and
Conveyance of Lands between the Heirs, Designees and/or
Assigns of the Palakia Melgenak and the United State of
America'' (hereinafter referred to in this section at the
``Agreement''), executed by its signatories, including the
heirs, designees and/or assigns of Palakia Melgenak
(hereinafter referred to in this section as the ``Heirs'')
effective on September 1, 1998 are authorized, ratified and
confirmed, and set forth the obligations and commitments of
the United States and all other signatories, as a matter of
federal law.
(B) Native allotment.--Notwithstanding any provision of law
to the contrary, all lands described in seciton 2(c) of the
Agreement for conveyance to the Heirs shall be deemed a
replacement transaction under ``An Act to relieve restricted
Indians in the Five Civilized Tribes whose nontaxable lands
are required for State, county or municipal improvements or
sold to other persons or for other purposes'' (25 U.S.C.
409a, 46 Stat. 1471), as amended, and the Secretary shall
convey such lands by a patent consistent with the terms of
the Agreement and subject to the same restraints on
alienation and tax-exempt status as provided for native
allotments pursuant to ``An Act authorizing the Secretary of
the Interior to allot homesteads to the natives of Alaska''
(34 Stat. 197), as amended, repealed by section 18(a) the
Alaska Native Claims Settlement Act (85 Stat. 710), with a
savings clause for applications pending on December 18, 1971.
(C)Land acquisition.--Lands and interests in land acquired
by the United States pursuant to the Agreement shall be
administered by the Secretary of the Interior (hereinafter
referred to as the ``Secretary'' ) as part of the Katmai
National Park, subject to the laws and regulations applicable
thereto.
(2) Maps and deeds.--The maps and deeds set forth in the
Agreement generally depict the lands subject to the
conveyances, the retention of consultation rights, the
conservation easement, the access rights, Alaska Native
Allotment Act status, and the use and transfer restrictions.
(b) Katmai National Park and Preserve Wilderness.--Upon the
date of closing of the conveyance of the approximately 10
acres of Katmai National Park Wilderness lands to be conveyed
to the Heirs under the Agreement, the following lands shall
hereby be designated part of the Katmai Wilderness as
designated by section 701(4) of the Alaska National Interest
Lands Conservation (16 U.S.C. 1132 note; 94 Stat. 2417):
A strip of land approximately one half mile long and 165 feet
wide lying within Section 1, Township 24 South, Range 33
West, Seward Meridian, Alaska, the center line of which is
the center of the unnamed stream from its mouth at Geographic
Harbor to the north line of said Section 1. Said unnamed
stream flows from the unnamed lake located in Sections 25 and
26, Township 23 South, Range 33 West, Seward Meridian. This
strip of land contains approximately 10 acres.
(c) Availability of Appropriation.--None of the funds
appropriated in this Act or any other Act hereafter enacted
for the implementation of the Agreement may be expended until
the Secretary determines that the Heirs have signed a valid
and full relinquishment and release of any and all claims
described in section 2(d) of the Agreement.
(d) General Provisions.--
(1) All of the lands designated as Wilderness pursuant to
this section shall be subject to any valid existing rights.
(2) Subject to the provisions of the Alaska National
Interest Lands Conservation Act, the Secretary shall ensure
that the lands in the Geographic Harbor area not directly
affected by the Agreement remain accessible for the public,
including its mooring and mechanized transportation needs.
(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the
National Park Service, at the office of the Katmai National
Park and Preserve in King Salmon, Alaska, and at least one
public facility managed by the federal, state or local
government located in each of Homer, Alaska, and Kodiak,
Alaska and such other public facilities which the Secretary
determines are suitable and accessible for such public
inspections. In addition, as soon as practicable after
enactment of this provision, the Secretary shall make
available for public inspection in those same offices, copies
of all maps and legal descriptions of lands prepared in
implementing either the Agreement or this section. Such legal
descriptions shall be published in the Federal Register and
filed with the Speaker of the House of Representatives and
the President of the Senate.
amendment no. 3590
Purpose: To provide that the Bureau of Land Management may enter into
watershed restoration and enhancement agreements with the same entities
and for the same purposes as is provided in section 323 of the bill for
Forest Service agreements.
On page 74, after line 20, add the following:
SEC. 1 . WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 124(a) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (16 U.S.C. 1011(a))
is amended by striking ``with willing private landowners for
restoration and enhancement of fish, wildlife, and other
biotic resources on public or private land or both'' and
inserting ``with the heads of other Federal agencies, tribal,
State, and local governments, private and nonprofit entities,
and landowners for the protection, restoration, and
enhancement of fish and wildlife habitat and other resources
on public or private land and the reduction of risk from
natural disaster where public safety is threatened''.
Mr. GORTON. Madam President, it was a week ago tomorrow early in the
afternoon that the Senate began consideration of the Interior
appropriations bill. The distinguished Senator from West Virginia, Mr.
Byrd, and I made our opening statements. We passed a handful of agreed
amendments, and since then the entire subject matter has dealt with
matters totally extraneous to that Interior appropriations bill.
According to the minority leader's action, we will have another such
extraneous amendment tomorrow. But in the closing of this evening, I do
have this set of amendments, all of which relate to the subject of the
bill.
The first is by Senator Campbell on behalf of the Bureau of Indian
Affairs, which strikes certain language in the bill on the subject of
the use of highway trust funds.
The second, of which I am a sponsor, also on behalf of the Bureau of
Indian Affairs, is an amendment to the Tribal Self-Governance Act to
require the repayment of misused Federal funds by self-governance
tribes.
The third one of mine is a minor boundary modification at the
Columbia River Gorge National Scenic Area.
The fourth also is one of mine for the Fish and Wildlife Service
which prohibits the use of funds for land acquisition at Texas Chenier
Plain.
The fifth, by Senator Hollings, to which the colloquy applies, makes
amendments to the Coastal Barrier Resource System maps in South
Carolina.
The sixth, by the two Senators from Maryland, is a modification of
section 135 of the fiscal year 1998 Interior appropriations bill on the
subject of the Oxon Cove land exchange.
The next is by Senator Stevens which clarifies section 121, re:
``hotshot'' crews--that is to say, forest firefighting crews--in
Alaska.
The next, also by Senator Stevens, provides for exchange of lands in
Katmai National Park.
And, the last by Senator Wyden of Oregon gives the Bureau of Land
Management authority to enter into the watershed restoration and
enhancement agreements to the same extent that the Forest Service can
do so.
With that, Madam President, I ask unanimous consent that the
amendments be agreed to.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 3582 to 3590) were agreed to.
Mr. GORTON. Mr. President, I move to reconsider the vote, and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
goose depredation
Mr. SMITH of Oregon. Mr. President, the wintering Canada goose
population has increased ten times in the last twenty years, to 250,000
geese in the Lower Columbia River and Willamette Valley regions. The
result has been large numbers of geese grazing on private agricultural
fields of wheat, corn, grass seed, and many other crops, leading to
huge financial losses for farmers. Farmers have been meeting since the
early 1980s with local wildlife officials to create coordinated
resource management plans to relieve depredation, but with no results.
In 1997, the first Pacific Flyway Council plan was assembled to deal
with agricultural depredation by migratory Canada geese. Farmers met
with state and federal wildlife officials and other interested parties
from Oregon, Washington, Alaska, and California to create a plan that
all parties could agree to--as a first step. This funding will
implement some of the priorities of that plan.
Mr. WYDEN. I thanked the Chairman for helping us in the Northwest to
address a serious, growing problem with a tremendous overpopulation of
geese in the Pacific Northwest. During the course of the past year the
Oregon and Washington Farm Bureaus, the Alaska Waterfowl Conservation
Committee, and state and federal wildlife agencies have worked together
on a plan to address this growing problem, and I appreciate the
Chairman's help in funding this proposal. Mr. President, the
[[Page S10318]]
Oregon and Washington Farm Bureaus have provided critical leadership in
helping us obtain these funds, and I wonder if the Chairman of the
Subcommittee would engage in a colloquy about how these funds are to be
spent.
Mr. GORTON. Of course, as the senior Senator from Oregon mentioned,
this issue is a serious concern of many of my constituents in the
southwestern part of my state. I am delighted to have been able to
provide funds from this year's U.S. Fish and Wildlife Service budget to
develop a solution to this problem affecting both of our states.
Mr. WYDEN. Is it the Chairman's understanding that at least $152,000
would be directed to fund a study of the economic impact of goose
grazing and to develop the most effective methods for reducing damage
by Canada Geese; and that the remaining funds will be used to assess,
monitor, and reduce depredation by Canadian Geese of agricultural crops
in Washington State and Oregon?
Mr. GORTON. The gentleman from Oregon is correct. The $152,000 of
study money will be used to continue ongoing studies at Oregon State
University and has strong support among farmers in both our states.
Mr. SMITH of Oregon. Further, is it the Chairman's understanding that
the Committee directs the monies be allocated by and based upon the
consensus of the Canada Goose Agricultural Depredation Working Group,
comprised of, but not limited to, one person from each of the
following: Washington and Oregon Departments of Fish and Wildlife; U.S.
Fish and Wildlife Service; USDA/APHIS Wildlife Services; and an
agricultural representative each from Washington and Oregon?
Mr. GORTON. Yes. I understand that this group, which is composed of a
diverse array of impacted interests, recently received approval for the
NW Oregon/SW Washington Canada Goose Agricultural Depredation Control
Plan which provides a foundation for many depredation reduction
programs. I am very impressed by the work of this group and am
delighted that it will have sufficient flexibility to develop solutions
to this problem.
civil war battlefield preservation
Mr. TORRICELLI. Mr. President, I would like to thank the many
Senators who have demonstrated a commitment to historic Civil War
battlefield preservation which culminated in this amendment to the
Interior Appropriations Bill that directs $10 million be made available
for matching grants to States and local communities for Civil War
Battlefield preservation. I especially want to thank Senators Lott and
Gorton for their efforts over the past several months as well as my
long time ally in this issue, Senator Jeffords.
Battlefield preservation is essential to allow current and future
generations to experience the powerful lessons these places convey
about the past, present, and future of the United States. A
battlefield's landscape speaks beyond written accounts and motion
picture and television recreations. The remarkable story of our
country's struggle for independence cannot be compellingly told or
wholly understood without these sites. The need to protect these sites
of heroism and sacrifice has never been more acute. Today, residential,
commercial, and industrial development threaten significant battle
sites in many states.
A Congressional study of the nation's Civil War sites completed in
1993, found that 20% of the most important sites had already been lost
and an additional 50% would be lost in the next ten years without
concerted action. The report specifically recommended that $70 million
be made available over a 7 year period for matching grants to aid land
acquisition efforts. This amendment would for the first time provide a
$10 million installment for this purpose.
The premise behind this amendment is simple: Congress must provide
funds to leverage nonfederal resources to preserve endangered
battlefields. These funds are an investment in our national heritage,
an investment that will pay dividends not just for our towns and
states, but for the entire country and for generations to come.
____________________