[Congressional Record Volume 148, Number 111 (Thursday, September 5, 2002)]
[Senate]
[Pages S8235-S8238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2003

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now resume consideration of H.R. 5093, which the clerk will 
report.
  The legislative clerk read as follows:

       A bill (H.R. 5903) making appropriations for the Department 
     of the Interior and related agencies for fiscal year ending 
     September 30, 2003, and for other purposes.
  Pending:

       Byrd amendment No. 4472, in the nature of a substitute.
       Byrd amendment No. 4480 (to amendment No. 4472) to provide 
     funds to repay accounts from which funds were borrowed for 
     emergency wildfire suppression.
       Daschle modified amendment No. 4481 (to amendment No. 
     4472), to provide emergency disaster assistance to 
     agricultural producers.

  Mr. REID. Madam President, until we hear from Senator Byrd, I suggest 
the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WELLSTONE. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  Mr. BYRD. Madam President, I object.
  The ACTING PRESIDENT pro tempore. Objection is heard. The clerk will 
continue to call the roll.
  The legislative clerk continued with the call of the roll.
  Mr. BYRD. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. BYRD. Madam President, I apologize to the distinguished Senator 
from Minnesota, Mr. Wellstone, for my having objected to his calling 
off an earlier quorum. My reason for doing that was so that we, the two 
managers, could get certain amendments in order

[[Page S8236]]

that were agreed to, with respect to the amendments, on both sides. We 
would like to go forward with these at this point, after which I 
certainly hope the distinguished Senator from Minnesota will then 
proceed. I thank him for his characteristic courtesy.
  Madam President, I shall offer three or four amendments for Members 
on my side of the aisle. My colleague, Mr. Burns, will offer amendments 
for Members on his side of the aisle. These amendments have been agreed 
to on both sides.


                           Amendment No. 4493

  Mr. BYRD. Madam President, I send, therefore, an amendment to the 
desk.
  The ACTING PRESIDENT pro tempore. Without objection, the pending 
amendment will be set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. BYRD], for Mrs. Murray, 
     proposes an amendment numbered 4493:

(Purpose: To provide funds for the Vancouver National Historic Reserve 
              in the State of Washington, with an offset)

       On page 22, line 23, strike ``$62,828,000'' and insert 
     ``$63,228,000, of which $400,000 shall be made available for 
     statutory and contractual aid for the Vancouver National 
     Historic Reserve in the State of Washington''.
       On page 24, line 13, strike ``$361,915,000'' and insert 
     ``$361,515,000''.

  Mr. BYRD. Madam President, I have offered this amendment on behalf of 
the distinguished senior Senator from Washington, Mrs. Murray. The 
amendment, as the clerk has read, would provide funds for the Vancouver 
National Historical Reserve in the State of Washington. The amendment 
has been fully offset and has been agreed to by both managers. I urge 
its adoption.
  The ACTING PRESIDENT pro tempore. Is there further debate?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 4493) was agreed to.
  Mr. BYRD. Madam President, I move to reconsider the vote by which the 
amendment was adopted.
  Mr. BURNS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BYRD. Madam President, I yield to my colleague to offer an 
amendment, after which I will, hopefully, get the floor to offer 
another amendment.
  The ACTING PRESIDENT pro tempore. The Senator from Montana.


                           Amendment No. 4494

  Mr. BURNS. I thank my chairman.
  Madam President, I send to the desk an amendment on behalf of Mr. 
Campbell of Colorado and ask for its consideration.
  The ACTING PRESIDENT pro tempore. Without objection, the pending 
amendment will be set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. Campbell, 
     proposes an amendment numbered 4494.

  Mr. BURNS. Madam President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

 (Purpose: To modify the provision relating to transportation services 
                to include Rocky Mountain National Park)

       Beginning on page 62, strike line 22 and all that follows 
     through page 63, line 2, and insert the following:
     of transportation services at Zion National Park or Rocky 
     Mountain National Park, the Secretary of the Interior may 
     obligate the expenditure of fees expected to be received in 
     that fiscal year before the fees are received, so long as 
     total obligations do not exceed fee collections retained at 
     Zion National Park or Rocky Mountain National Park, 
     respectively, by the end of that fiscal year.

  Mr. BURNS. Madam President, this is a technical change in the 
transportation and contractual authority for Rocky Mountain National 
Park in Colorado. It has been cleared on both sides. I urge its 
adoption.
  The ACTING PRESIDENT pro tempore. Is there further debate?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 4494) was agreed to.
  Mr. BURNS. Madam President, I move to reconsider the vote.
  Mr. BYRD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 4495

  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. BYRD. Madam President, I have an amendment which I offer on 
behalf of Senator Leahy. I send it to the desk. These amendments are 
short, so I would like for the clerk to read them.
  The ACTING PRESIDENT pro tempore. Without objection, the pending 
amendment is set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd], for Mr. Leahy, 
     proposes an amendment numbered 4495:

  (Purpose: To permit the use of a single procurement contract by the 
 Smithsonian Institution for a multi-year repair and renovation of the 
     Patent Office Building, subject to the availability of annual 
                            appropriations)

       On page 102, at the end of line 26, add the following:
       ``Provided, That notwithstanding any other provision of 
     law, a single procurement contract for the repair and 
     renovation of the Patent Office Building may be issued which 
     includes the full scope of the project. Provided further, 
     That the solicitation of the contract and the contract shall 
     contain the clause `availability of funds' found at 48 C.F.R. 
     52.232-18.''

  Mr. BYRD. Madam President, this amendment, which is proposed by Mr. 
Leahy, would allow the Smithsonian Institution to use a single 
procurement contract for multiyear repair and renovation work at the 
Patent Office Building. This amendment will result in the saving of 
time and the saving of money and has, therefore, been agreed to by the 
managers.
  The ACTING PRESIDENT pro tempore. Is there further discussion?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 4495) was agreed to.
  Mr. BYRD. Madam President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. BURNS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BYRD. Madam President, on these remaining amendments, when they 
are offered, I ask unanimous consent that the pending amendment be set 
aside until our series of amendments have been taken care of.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Montana.


                           Amendment No. 4496

  Mr. BURNS. Madam President, I send an amendment to the desk and ask 
for its immediate consideration on behalf of Senator Collins of Maine.
  The ACTING PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Ms. Collins, 
     proposes an amendment numbered 4496:

(Purpose: To redistribute funds allocated for Atlantic salmon recovery)

       On page 13, line 19, insert the following after the colon:
       ``: Provided further, That of the funds available for 
     endangered species recovery, $1,500,000 is for Atlantic 
     salmon recovery activities administered by the National Fish 
     and Wildlife Foundation and $500,000 is for the United States 
     Fish and Wildlife Service to undertake Atlantic salmon 
     recovery efforts in Maine.''

  Mr. BURNS. Madam President, I congratulate the Senator from Maine for 
submitting this amendment. What it does is provide for the reallocation 
of funds for recovery activities of the Atlantic salmon. As you know, 
we have ongoing recoveries for all kinds of species across the country. 
Of course, one of the big ones is the Pacific salmon. Now she has 
offered to pick up and accelerate the programs on the Atlantic salmon. 
I ask for its adoption.
  The ACTING PRESIDENT pro tempore. Is there further debate?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 4496) was agreed to.
  Mr. BURNS. Madam President, I move to reconsider the vote.
  Mr. BYRD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 4497

  Mr. BYRD. Mr. President, I send an amendment to the desk on behalf of 
Senators Graham and Nelson of Florida.

[[Page S8237]]

  The PRESIDING OFFICER (Mr. Miller). The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd], for Mr. Graham 
     and Mr. Nelson of Florida, proposes an amendment numbered 
     4497:

 (Purpose: To direct the Corps of Engineers to construct a portion of 
      the modified water delivery project in the State of Florida)

       On page 127, between lines 2 and 3, insert the following:

     SEC. 3____. MODIFIED WATER DELIVERY PROJECT IN THE STATE OF 
                   FLORIDA.

       Notwithstanding any other provision of law, the Corps of 
     Engineers, using funds made available by this Act and funds 
     made available under any Act enacted before the date of 
     enactment of this Act for modifications authorized by section 
     104 of the Everglades National Park Protection and Expansion 
     Act of 1989 (16 U.S.C. 410r-8), shall immediately carry out 
     alternative 6D (including paying 100 percent of the cost of 
     acquiring land or an interest in land) for the purpose of 
     providing a flood protection system for the 8.5 square mile 
     area described in the report entitled ``Central and South 
     Florida Project, Modified Water Deliveries to Everglades 
     National Park, Florida, 8.5 Square Mile Area, General 
     Reevaluation Report and Final Supplemental Environmental 
     Impact Statement'' and dated July 2000.

  Mr. BYRD. Mr. President, this amendment I have offered on behalf of 
Senators Graham and Nelson of Florida will expedite the important 
environmental restoration work currently underway in and around the 
Everglades National Park.
  The amendment has been agreed to by both sides. I urge its adoption.
  The PRESIDING OFFICER. Is there further debate?
  If not, without objection, the amendment is agreed to.
  The amendment (No. 4497) was agreed to.
  Mr. BYRD. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. BURNS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BYRD. Mr. President, the remaining amendments will be offered by 
my colleague, Mr. Burns.


                           Amendment No. 4498

  Mr. BURNS. Mr. President, I send an amendment to the desk on behalf 
of Mrs. Hutchison of Texas and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns] for Mrs. Hutchison, 
     proposes an amendment numbered 4498.

  Mr. BURNS. I ask unanimous consent that further reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To make a technical change with respect to the Lower Rio 
                Grande Valley National Wildlife Refuge)

       On page 14, lines 11 and 12, strike ``$42,182,000, to 
     remain available until expended:'' and insert ``$42,682,000, 
     to remain available until expended, of which $500,000 shall 
     be made available for the World Birding Center in Mission, 
     Texas:''.
       On page 14, line 26, strike ``$89,055,000'' and insert 
     ``$88,555,000''.
       On page 15, line 5, insert ``, of which $500,000 shall be 
     made available for the Lower Rio Grande Valley National 
     Wildlife Refuge'' before the colon.

  Mr. BURNS. Mr. President, this is a reallocation of funds to make 
sure the Birding Center in Texas is maintained and it is fully offset. 
It has the approval of both sides of the aisle.
  The PRESIDING OFFICER. Is there further debate?
  Without objection, the amendment is agreed to.
  The amendment (No. 4498) was agreed to.
  Mr. BURNS. Mr. President, I move to reconsider the vote.
  Mr. BYRD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 4499

  Mr. BURNS. Mr. President, I send an amendment to the desk on behalf 
of Senator Kyl of Arizona.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. Kyl, proposes 
     an amendment numbered 4499.

  The amendment is as follows:

   (Purpose: To require the Director of the National Park Service to 
report to Congress on the status of the Colorado River Management Plan)

       On page 64, between lines 15 and 16, insert the following:

     SEC. 1____. COLORADO RIVER MANAGEMENT PLAN.

       Not less often than annually, the Director of the National 
     Park Service shall report to Congress on the status of the 
     Colorado River Management Plan.

  Mr. BURNS. This amendment has the approval of both sides of the 
aisle. I urge its adoption.
  The PRESIDING OFFICER. If there is no further debate, without 
objection, the amendment is agreed to.
  The amendment (No. 4499) was agreed to.
  Mr. BURNS. Mr. President, I move to reconsider the vote.
  Mr. BYRD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BURNS. Mr. President, I yield the floor.
  Mr. BYRD. Mr. President, I thank my distinguished friend and 
colleague, the ranking member. This completes the series of amendments 
to which I alluded earlier.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Minnesota.


                           Amendment No. 4481

  Mr. WELLSTONE. Mr. President, I thank the Senators for their fine 
work. We are now debating an amendment that was laid down by a number 
of Senators. Senator Daschle took the lead and I am proud to be an 
original cosponsor. It deals with the question of disaster relief.
  I have to say, as the Senator from Minnesota, I take this debate in 
the next hour, hour and a half, or 2 hours as serious as any debate I 
have ever been involved in because I think literally this is at least 
an economic life-or-death question for many farmers in Minnesota, 
specifically northwestern Minnesota.
  Before I talk about my State, I want to make this appeal to all of my 
colleagues. There was a front-page story in the Washington Post today--
and I know Senator Nelson and Senator Hagel have spoken about this--
about the drought in Nebraska. It is heartbreaking to read about that. 
It is just almost unprecedented drought conditions. For these ranchers, 
cattlemen, and farmers, the time is not neutral. Time moves on. If we 
don't take any action and get help to them, the farm bill becomes 
irrelevant because they don't have any crops and they are not going to 
be able to produce to get a price.
  They didn't ask for the drought. It is the same thing in South 
Dakota. Then I read about the fires in Colorado and in Arizona. They 
didn't ask for that. During the years that I have been here in the 
Senate, we have also had Senators come to the floor from different 
States where there have been hurricanes or tornadoes. Certainly, that 
has happened in Minnesota. It is devastating, these natural disasters. 
It has nothing to do with whether people work hard or are good 
managers.
  As I have said, there but for the grace of God go I. Nobody knows, in 
our part of the country, when you could be hit by a tornado. In other 
parts of the country, it could be a hurricane, drought, fire, or 
flooding.
  So I think this vote is a test of our goodness. I am not going to 
bash away at the administration. I hope the administration is changing 
its view and not working strongly against this amendment. Frankly, I 
will give all the credit in the world to anybody who helps. It doesn't 
really matter to me. If the White House is going to show flexibility 
and support, and we pass this amendment on the floor, and it is kept in 
conference, I will applaud everybody and give credit to everybody. I 
hope that is the way it will be because, frankly, I think disaster 
relief is really--look, people say I have been in a lot of intense 
debates on the floor and probably will be in one this afternoon about 
these scoundrel companies that go to Bermuda and set up sham 
headquarters and don't pay their fair share of taxes.
  I don't think the whole question of emergency disaster relief has any 
party label to it. Certainly, the people whose lives are destroyed are 
Democrats, Republicans, Independents, or none of the above. Certainly, 
this is about our States and the people we represent and

[[Page S8238]]

doesn't have a lot to do with party identification, period.
  As I said yesterday--and I will get to the specifics about 
Minnesota--I know I have never voted against disaster assistance moneys 
for any part of the country because I think it is an example of there 
but for the grace of God go I. We are grateful that I can help other 
parts of the country, and we are grateful it wasn't our homes or farms 
or that it didn't happen in our State. We are grateful that it didn't 
happen in our communities. But sometimes it does happen in our State 
and in our communities, in which case we come to the floor and ask 
colleagues for support.
  Really, on the whole question of offsets, we haven't done offsets for 
disaster relief before. This is just something that happens and we know 
when it happens that we provide the help. So in the case of Minnesota, 
we are talking about 17 counties in northwest Minnesota. We are talking 
about rich farmland and about having been really massively damaged and 
devastated by the flooding. FEMA does good work. I love the work they 
do. They have been to Minnesota many times. They are an amazing group 
of men and women. It is an interesting job they have. They come in 
crisis situations and help with temporary housing, and the Small 
Business Administration tries to help with additional funding; and if 
there is damage of infrastructure, public infrastructure, they have 
helped us rebuild schools in our State.
  As my colleague from Montana and all Senators who are from farm 
country know, they do not provide assistance to the farmers. We need 
help for these farmers--the wheat growers, corn growers, soybean 
growers, you name it. Everything that is in the farm bill will be 
irrelevant. We are lucky if it covers 70 percent of the cost. We would 
be very lucky. The farmers cannot afford a 30-percent loss.
  I call on our colleagues for their support. The past is the past, and 
the present is the present. I am interested in the present. We had in 
the Senate bill farm money for disaster relief assistance. I wish it 
had been kept in conference. It was not. That is beside the point. It 
is in the past. We tried to put it on the emergency supplemental bill, 
and there was opposition.
  My hope today is that we will come together, Democrats and 
Republicans, and we will do it because we know this is what we always 
do. When people are faced with these kinds of crises--this does not 
have anything to do with low prices; it does not have anything to do 
with countercyclical payments or dairy payments; it does not have 
anything to do with the Conservation Reserve Program.
  This has to do with weather-related disasters that have literally 
devastated so many people in farm country in America today and/or in 
other parts of our country today. I think of the fires again.
  I come to the Chamber to urge my colleagues, to appeal to my 
colleagues to please support this amendment. Please support it. This 
amendment will provide much needed help to many wonderful, hard-working 
people in northwestern Minnesota and, for that matter, around the 
country.
  The vote we are going to have, which will probably be sometime before 
noon, will be a critically important vote. We will need 60 votes. I 
hope we get the 60 votes. I say to the Chair, having been to northwest 
Minnesota several times, these have been some of the toughest meetings 
I have ever attended. The farmers are at their wits end. It is not like 
they are asking for help. The Presiding Officer knows some of the 
people about whom I am speaking. They are not comfortable asking for 
help. They know they have to have help or there is no tomorrow; they 
will have no future at all.
  If they can get the good news today that the Senate said, We are 
going to provide you with the help, we are going to provide the 
disaster relief money, it will make all the difference in the world. If 
we get over 60 votes, I really believe we will have a good chance of 
keeping it in conference. I think the White House will support us, and 
we can do this together.
  As a Senator from Minnesota, having a pretty clear picture about when 
we talk about $300 million worth or $350 million worth of damage and 
number of acres, I translate that all into personal terms. I think of 
all the husbands, wives, children, and families with whom I have met. 
The farmers are not here, but they are counting on us to represent them 
well.
  I say to all Senators, please represent well the people in the 
country who have been hit with these natural disasters, and please vote 
for this amendment. I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that I be 
allowed to speak as in morning business for 5 or 6 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MURKOWSKI. I thank the Chair.

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