[Congressional Record Volume 146, Number 12 (Thursday, February 10, 2000)]
[Senate]
[Pages S606-S608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          BLACK HISTORY MONTH

  Mr. SARBANES. Mr. President, I am most pleased to join millions of 
Americans in commemorating African-American History Month and 
particularly this year's theme ``Heritage and Horizons: The African 
Legacy and the Challenges of the 21st Century.'' This theme as 
announced by the Association for the Study of Afro-American Life and 
History (ASALH) is most appropriate and timely as we enter a new 
millennium and hopefully a new and even brighter era of African-
American progress.
  Since 1926, Americans have observed a time during the month of 
February to recognize the vast history and legacy that African-
Americans have contributed to the founding and building of this great 
nation. It was the vision of the noted author and scholar, Dr. Carter 
G. Woodson, that led to this celebration. As we review the last 100 
years, it is important to remember that there have been many challenges 
and changes in the 1900's for African-Americans.
  During the early 1900's, discrimination against African-Americans was 
very wide spread. By 1907, every Southern state required racial 
segregation on trains and in churches, schools, hotels, restaurants, 
theaters, and in other public places. New leaders for the African-
American race emerged such as W.E.B. DuBois and Booker T. Washington, 
whose intellectual thoughts on the progress and direction of African-
Americans are still very much discussed in the community.
  There was also the Northern migration of hundreds of thousands of 
Southern African-Americans during World War I to seek jobs in defense 
plants and other factories. Many African-Americans served our country 
admirably during this war and in World War II. Like World War I, this 
war led to the expansion of defense-related industries and 
opportunities in the North for employment. During the 1940's, about a 
million Southern African-Americans moved North. Discrimination played a 
large role in the labor industry which led A. Philip Randolph of the 
Brotherhood of Sleeping Car Porters to threaten a march on Washington, 
D.C. President Roosevelt then issued an executive order forbidding 
racial discrimination in defense industries.
  Following World War II, three major factors encouraged the beginning 
of a new movement for civil rights. First, many African-Americans 
served with honor in the war, as they had in many of the wars since the 
American Revolution. However, in this instance, African-American 
leaders pointed to the records of these veterans to show the

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injustice of racial discrimination against patriots. Second, more and 
more African-Americans in the North had made economic gains, increased 
their education, and registered to vote. Third, the NAACP had attracted 
many new members and received increased financial support from blacks 
and whites. Additionally, a young group of energetic lawyers, including 
Thurgood Marshall, of Baltimore, Maryland, used the legal system to 
bring about important changes in the lives of African-Americans, while 
Dr. Martin Luther King Jr. appealed to the conscience of all Americans.

  Congress had an important role in passing the Civil Rights Act of 
1964 and the Voting Rights Act of 1965. I am pleased to note that 
Clarence Mitchell Jr. of Maryland played a critical part in steering 
this legislation through Congress. African-Americans also began to 
assume more influential roles in the national government, a development 
which has benefitted the entire Nation.
  Gains in education for the African-American community have been 
significant. From 1970 to 1980, college enrollment among African-
Americans rose from about 600,000 to about 1.3 million. This gain 
resulted in part from affirmative action programs by predominantly 
white colleges and universities. By the early 1990's about 11 percent 
of all African-Americans 25 years of age or older had completed 
college. About two-thirds of that group had finished high school. There 
have also been many more advances and accomplishments during that time, 
but this is just a brief overview of what has been a tremendous and 
rich history and heritage for African-American people in our Nation for 
the last 100 years.
  As we look forward to a new century, we anticipate that African-
Americans will continue to prosper in American society and throughout 
the world. Their success is our success. As we look towards the 
horizon, we see record breaking events for African-Americans.
  The unemployment rate for African-Americans has fallen from 14.2 
percent in 1992 to 8.3 percent in 1999--the lowest annual level on 
record. The median household income of African-Americans is up 15.1 
percent since 1993, from $22,034 in 1993 to $25,351 in 1998. The real 
wages of African-Americans have risen rapidly in the past two years, up 
about 5.8 percent for African-American men and 6.2 percent for African-
American women since 1996.
  The African-American poverty rate has dropped from 33.1 percent in 
1993 to 26.1 percent in 1998--the lowest level ever recorded and the 
largest five-year drop in more than twenty-five years. Since 1993, the 
child poverty rate among African-Americans has dropped from 46.1 
percent to 36.7 percent in 1998--the biggest five-year drop on record. 
While the African-American child poverty rate is still too high, it is 
the lowest level on record. As the African-American population 
continues to expand, we continue to strive to make laws that improve 
the lives of all Americans so that many more record breaking 
accomplishments occur.
  As we begin the first Census count of the 21st century, we are 
working to ensure that Census 2000 is the most accurate census possible 
using the best, most up-to-date methods to make sure every person is 
counted. According to the Census Bureau, the 1990 Census missed 8.4 
million people and double-counted 4.4 million others. Nationally, 4.4 
percent of African-Americans were not counted in the 1990 census. While 
missing or miscounting so many people is a problem, the fact that 
certain groups--such as children, the poor, people of color, and city 
dwellers--were missed more often than others made the undercount even 
more inaccurate. A fair and accurate Census is a fundamental part of a 
representative democracy and is the basis for providing equality under 
the law. Therefore, I encourage everyone to make sure your neighbor is 
counted.

  I would also like to observe that the State of Maryland is currently 
benefitting from a continued growth in our African-American population. 
Between 1990 and 1997, when the last set of complete figures were 
available from the Census Bureau, the number of African-Americans 
calling Maryland ``home'' grew to 1.4 million--an increase of 200,609 
people. This makes Maryland the state with the eighth largest African-
American population in the United States. Nearby Prince George's County 
was second in the Nation in terms of growth during this seven-year 
period with 68,325 new African-American residents. I am confident that 
an accurate Census 2000 count will show increases in these figures 
across the state.
  I am also most gratified to note that finally, a memorial to honor 
Dr. Martin Luther King Jr. has been approved and a site near the tidal 
basin in Washington D.C. was chosen. The sacrifice that Dr. King made 
for civil rights has touched every element of American society. I am 
particularly pleased to be involved in this effort to mark the 
contributions of this great leader. This memorial will join the 
monuments to Washington, Jefferson, and Lincoln in some of the most 
hallowed ground in our Nation.
  Mr. President, as we look towards the future for African-Americans 
during this new century, it is my hope that the King Memorial will 
serve both as a monument to past achievements and our heritage, and 
also as an inspiration for our Nation to continue the struggle for an 
equality that includes all Americans.
  Mrs. LINCOLN. Mr. President, I rise today to bring your attention to 
an issue of great concern to many people in my home state of Arkansas.
  This week, I introduced a bill, S. 2041, to continue to promote the 
use of best management practices in the forestry industry by relieving 
this nation's private timberland owners of an impending unnecessary 
regulatory burden.
  My bill would permanently prohibit the Environmental Protection 
Agency from requiring water pollution control permits under the 
National Pollutant Discharge Elimination System for the forestry 
activities of site preparation, reforestation, thinning, prescribed 
burning, pest and fire control, harvesting operations, surface 
drainage, road construction and maintenance, and nursery operations.
  Recently in El Dorado and Texarkana, Arkansas, literally thousands of 
private timberland owners came together to discuss and express their 
concerns about this new extension of EPA regulations and to learn of 
the potential impact they may have on their private property and 
private forests.
  Simply put, my legislation will statutorily ensure that all forestry 
activities will remain as non-point sources in the eyes of the EPA. 
Under the Clean Water Act, the EPA has jurisdiction to protect the 
water quality of the United States by regulating point sources of water 
pollution.
  Let me define what I mean when I speak of ``point'' and ``non-point'' 
sources of pollution. A point source of pollution is pollution from a 
single point such as an industrial plant's wastewater pipe or a 
wastewater drainage ditch. Non-point sources of pollution like rainfall 
runoff from a field or a forest cannot be defined as a set point. What 
is important here is that Congress, upon passage of the Clean Water Act 
in 1972, very clearly did not give the EPA authority to regulate non-
point sources of pollution.
  The EPA's proposed revisions to the Total Maximum Daily Load 
requirements of the National Pollutant Discharge Elimination System, 
issued in September of last year, seeks to change this authority. This 
proposed regulation would enhance clean water by extending the NPDES 
point source TMDL water pollution rules to forestry activities. This 
would be accomplished by reclassifying forestry non-point sources of 
pollution as point sources of pollution.
  The forestry activities included in my legislation have always been 
considered as non-point sources of water pollution and therefore not 
subject to EPA regulations. The EPA's new regulation change would 
require point source water pollution permits for all of these 
activities. In other words, these new regulations would require permits 
on the very things we want to promote in forestry--responsible 
harvesting and thinning operations, best management practices, and 
reforestation.

  I agree with the EPA's objective of cleaning up our nation's impaired 
rivers, lakes and streams, but firmly believe that its proposed 
revisions are not the best solution to the problem of clean water. 
Placing another unnecessary layer of regulation upon our nation's local 
foresters will only slow down the process of responsible forestry and 
the implementation of forestry Best Management Practices.

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  In Arkansas, we have a very successful Best Management Practices 
program for all forestry activities. In fact, over 85% of Arkansas' 
private timberland owners voluntarily adhere to these Best Management 
Practices to reduce water pollution from all forestry activities.
  Let me restate that over 85% of Arkansas' private timberland owners 
voluntarily adhere to these Best Management Practices to reduce water 
pollution from all forestry activities. This is a wonderful example of 
where everyone works together to take care of their own environment and 
have been successful in their efforts!
  The EPA's background for the new regulation states that these new 
requirements of obtaining water permits for forestry activities would 
take effect only if the state did not develop a satisfactory system of 
its own, or if a specific water body needed the regulation to remain 
clean. It also states that only 3 to 9 percent of all non-point source 
pollution comes from forestry-related activities.
  Mr. President, let's talk through each of these forestry-related 
activities to find out just exactly what each includes as well as what 
a good Best Management Practices program does to combat potential 
pollution from each of these.
  Site preparation. Generally, site preparation includes removing 
unwanted vegetation and other material when necessary and before any 
harvesting of timber can take place. Best Management Practices provide 
guidelines to minimize the use of equipment and disturbances near 
streams or other bodies of water, keep equipment out of streamside 
management zones, and minimize the movement and disturbance of soil.
  Reforestation. Reforestation is simply the process of planting trees. 
Reforestation is the single process that prevents any further erosion 
of exposed soil. I can't see why we would want to slow down the 
reforestation process by implementing a permitting process.
  Prescribed burning. Prescribed burning is done almost exclusively to 
prevent potential forest fires. In many of our nation's old growth 
forests, prescribed burning has prevented what would have been certain 
destruction of thousands of acres of beautiful forestland. We want to 
prevent forest fires for the loss of timber as well as for the 
potential loss of property and life. Best Management Practices provide 
guidelines for conducting prescribed burning operations and ensuring a 
minimal potential for erosion and forest fire.
  Pest and fire control. If someone is trying to control a forest fire, 
why do we want to hinder their efforts? For the same reason, we don't 
want our Nation's forests eaten up by bugs.

  Harvesting operations including thinning and, when necessary, clear-
cutting. This is the crux of the issue. Timber harvesting is the timber 
industry. Following Best Management Practices ensures that during any 
harvesting operation, extreme care is taken to prevent unnecessary 
water pollution. Best Management Practices encourage thinning of 
existing forests as opposed to clear-cutting of our Nation's forests. 
Thinning is going into a forest and removing only a small portion of 
the timber.
  Surface drainage. Surface drainage through a forest is a naturally 
slow. And, following Arkansas' Best Management Practices, a buffer of 
trees must be left around all streams and rivers.
  Road Maintenance and Construction. It is necessary to have forest 
roads to reach the available timber. Best Management Practices require 
the minimization of stream crossings, designing the road to be no wider 
than necessary, and building roads to minimize the adverse impacts of 
heavy rain.
  Nursery Operations. To conduct any reforestation activities, you must 
have seedlings to plant. Best Management Practices for nurseries 
include minimizing soil disturbance, runoff, and chemical application.
  Mr. President, the voluntary use of these and many, many other Best 
Management Practices in Arkansas have successfully reduced and 
prevented water pollution from all forestry activities. Our nation's 
private timberland owners should not be burdened with more unnecessary 
regulations when they are already voluntarily complying with Best 
Management Practices to effectively reduce water pollution.
  Reasonable minds should prevail and agree on a common sense solution 
to promoting Best Management Practices in the forestry industry without 
unnecessary regulation and allow states like Arkansas to continue 
voluntarily implementing our successful best management practices.

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