[Congressional Record Volume 152, Number 62 (Thursday, May 18, 2006)]
[House]
[Pages H2818-H2831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2007
The SPEAKER pro tempore. Pursuant to House Resolution 818 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 5386.
{time} 1553
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 5386) making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes, with Mr. Foley (Acting
Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, a request for a recorded vote on the amendment offered by the
gentleman from New Jersey (Mr. Pallone) had been postponed and the bill
had been read through page 73, line 8.
Pursuant to the order of the House of today, no further amendment to
the bill may be offered except those specified in the previous order of
the House of today, which is at the desk.
The Clerk will read.
The Clerk read as follows:
General Provisions, Environmental Protection Agency
Sec. 201. None of the funds made available by this Act may
be used in contravention of, or to delay the implementation
of, Executive Order No. 12898 of February 11, 1994 (59 Fed.
Reg. 7629; relating to Federal actions to address
environmental justice in minority populations and low-income
populations).
Sec. 202. None of the funds made available in this Act may
be used in contravention of 15 U.S.C. 2682(c)(3) or to delay
the implementation of that section.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $280,318,000, to remain available until
expended: Provided, That of the funds provided, $62,329,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $228,608,000, to
remain available until expended, as authorized by law of
which $9,280,000 is to be derived from the Land and Water
Conservation Fund: Provided, That none of the funds provided
under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies
the House Committee on Appropriations and the Senate
Committee on Appropriations, in writing, of specific
contractual and grant details including the non-Federal cost
share.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,445,659,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
under this heading available at the start of fiscal year 2007
shall be displayed by budget line item in the fiscal year
2008 budget justification.
wildland fire management
(including transfer of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,810,566,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous fuels
reduction) at the end of fiscal years 2006 and 2007 shall be
transferred to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.) if necessary to
reimburse the fund for unpaid past advances: Provided
further, That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropriation
shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropriation, are
also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $296,792,000 is
for hazardous fuels reduction activities, $5,000,000 is for
rehabilitation and restoration, $22,800,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland
[[Page H2819]]
Renewable Resources Research Act, as amended (16 U.S.C. 1641
et seq.), $43,000,000 is for State fire assistance,
$12,810,000 is for volunteer fire assistance, $14,800,000 is
for forest health activities on Federal lands and $10,000,000
is for forest health activities on State and private lands:
Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National
Forest System'', and ``Forest and Rangeland Research''
accounts to fund State fire assistance, volunteer fire
assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That transfers of any amounts
in excess of those authorized in this paragraph, shall
require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures
contained in the report accompanying this Act: Provided
further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided
for State Fire Assistance programs, and subject to all
authorities available to the Forest Service under the State
and Private Forestry Appropriation, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of
protecting communities when hazard reduction activities are
planned on national forest lands that have the potential to
place such communities at risk: Provided further, That
included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration
Act, Public Law 106-393, title VI, and any portion of such
funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service
under the State and Private Forestry appropriation: Provided
further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate
amount not to exceed $9,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded
wildland fire management programs and projects: Provided
further, That of the funds provided for hazardous fuels
reduction, not to exceed $5,000,000, may be used to make
grants, using any authorities available to the Forest Service
under the State and Private Forestry appropriation, for the
purpose of creating incentives for increased use of biomass
from national forest lands: Provided further, That funds
designated for wildfire suppression shall be assessed for
indirect costs on the same basis as such assessments are
calculated against other agency programs.
Amendment No. 5 Offered by Mr. Beauprez
Mr. BEAUPREZ. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Beauprez:
In title III of the bill under the heading ``wildland fire
management (including transfer of funds)'', insert after the
first dollar amount the following: ``(increased by
$28,700,000)''.
In title III of the bill under the heading ``National
Endowment for the Arts--Grants and Administration'', insert
after the first dollar amount the following: ``(reduced by
$30,000,000)''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Colorado (Mr. Beauprez) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. BEAUPREZ. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, simply put, this amendment will reduce funding for the
National Endowment for the Arts by $30 million and transfer those funds
to the United States Forest Service to reduce the threat of
catastrophic wildfires.
Earlier this week, I was pleased to support the passage of the Forest
Emergency Recovery and Research Act because it will expedite the
restoration of forest land affected by catastrophic wildfires. However,
we can all agree that prevention comes first. Additional resources are
needed if we are to get a handle on the wildfire crisis gripping the
West.
In 2002, the American taxpayers spent over $1.5 billion containing
these devastating blazes. When Congress spends so much annually to put
out wildfires, doesn't it make more sense to spend that money on
additional thinning treatments that could help prevent these fires from
starting in the first place?
According to the House Resources Committee, 190 million acres of BLM
and Forest Service land are at risk to catastrophic wildfire. To put
that in perspective, this area is larger than the States of California
and Arizona combined.
The Wall Street Journal reported that parts of the National Forest
system contained more than 400 tons of dry fuel per acre, or 10 times
the manageable or appropriate level. Disease and insect infestation
have also contributed to an increase in combustible fuels.
In Colorado alone, my State, surveys have recorded that approximately
1.2 million trees were killed by mountain pine beetle outbreaks in
2004. This is nearly 100 times the mortality rate reported in 1996, the
first year a study was released by the Colorado Forest Service on pine
beetles damage.
Unfortunately, beetle kill leaves behind the kind of timber that
turns small fires into the kinds of infernos that have devastated
Colorado and other western States in recent years, destroying homes,
poisoning the air, scorching critical habitat, and choking streams and
rivers with tons of soot and sediment.
Even with increased attention to thinning and fuel treatments efforts
with legislation like the Healthy Forest Initiative, more funding is
needed.
Since the majority of our forests are federally owned, the burden to
protect our States and local communities from the devastating effects
of forest fires lies with the Federal agencies designated to protect
them. Congress must fully fund their needs.
The question arises, Why take funding from the NEA? I actually
applaud the progress that has been made recently by the NEA in
repairing a very damaged image in the view of many Americans. It is
important, however, to recognize that only a small percentage of
funding for the arts comes from the Federal Government. In 2001,
Americans spent $27 billion on nonprofit arts funding. At $124 million,
the NEA funding is just a drop in the bucket for an art industry that
seems to be doing exceedingly well.
Congress has to choose its fiscal priorities and obligations
responsibly. This amendment amounts to one-tenth of one percent of
total arts funding, but it is a massive help to ensure the safety of
our western communities, prevent forest fires and save lives.
Anyone who has witnessed the devastation to life, property, wildlife,
water and air from the monster that is a forest fire understands that
investing in prevention infinitely outweighs the incalculable long-term
costs of a forest fire. This amendment allows us to invest in
prevention, Mr. Chairman, and I urge its adoption.
Mr. Chairman, I reserve the balance of my time.
{time} 1600
Mr. TAYLOR of North Carolina. Mr. Chairman, I rise in opposition to
this amendment.
Mr. Chairman, no one is a stronger supporter of the National Forests
health and wildfire management. But this amendment goes too far. The
amendment cuts the NEA funding drastically, and this is much too much
of a cut.
The President's budget in the committee bill is a fair amount, is
level funding with the fiscal year 2006 enacted level. We did raise it
slightly and agreed to that.
But that remains to be seen. We should support the NEA. The reforms
which this committee put in place are working. The new chairman of the
NEA is doing an excellent job of ensuring that important works are
supported and that funding is well distributed.
The bill makes a very strong contribution to the National Fire Plan.
It is something that Members can be proud of. The bill increases
overall wildfire funding $80 million over last year. That includes a
large $70 million increase for Forest Service fuel reduction, and this
is $34 million above the 2005 level.
I agree with the gentleman that this work is essential, but the
agencies can only ramp up so fast. So extra funding is not necessarily
needed this year.
Mr. Chairman, the gentleman is incorrect when he says that the fire
funding is down 14 percent from 2005. His calculations may have
included the $500 million in emergency funding provided that year. Not
counting the emergency fire suppression funds, this bill is $145
million above the 2005 funding level, and this is enough for these
fiscally tight times.
[[Page H2820]]
I also want to point out that this bill has increased funding for
forest health management, an important key for preventing forest fires
by $31 million above the President's request, and I want to point out
that the Forest Service was able to carry over extra wildfire
suppression funds from 2005 to this year.
So they have or should have plenty of funds for the fire season
absent a catastrophic season. Despite the good intentions behind this
amendment, we do not need this additional increase for the fund's work
at this time. We should not gut the administration's effort in the NEA.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. TAYLOR of North Carolina. I yield to the gentleman from
Washington.
Mr. DICKS. Mr. Chairman, I want to say to the gentlemen, our
committee has been a great advocate for money for fire. There is $2
billion, 579 million, for fire in the bill. $500 million of the fire
emergency funds are still available.
We just increased the NEA by $5 million to $129.4 million, and NEA
still is $40 million below its high point back in 1994. We fund
programs in all States. This would be a devastating cut, and we do not
need the money for fire. And I have offered amendment after amendment
after amendment to put emergency fire money in when it is necessary.
Also, the agencies can borrow money internally if necessary to deal
with the problem. So I urge a no on this amendment. I think it is well
intended, but simply not necessary and would do great damage to the
NEA.
Mr. Chairman, I urge a no vote.
Mr. BEAUPREZ. Mr. Chairman, I appreciate the chairman. I will be
brief. I respect and appreciate the effort put forth by both the
minority as well as the majority side of the committee on this issue.
But with all due respect, I would point out again that the private
sector, and a very large private sector, supports our arts industry.
The public sector, we in government, have an obligation to look after
the government's assets and people's lives, and that is what is at
stake with this amendment.
With all due respect to the comments that have already been made, no
one looks after our national forests other than we in government, and I
would encourage both the chairman and the ranking member at the next
opportunity to come out to the West and visit and see the devastation
the pine beetle damage has created in our forests. We are sitting
literally on a matchbox awaiting someone to light the first match.
I urge the adoption of this amendment. I think it is common sense. I
think it is about us in government establishing priorities to protect
and defend our Nation's assets and our citizens' lives.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Bishop of Utah). The gentleman from North
Carolina has 1\1/2\ minutes remaining.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1\1/2\ minutes to
the gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. I thank the gentlemen for yielding.
Mr. Chairman, I do not disagree with what the gentleman from Colorado
is saying. There has been devestation in our forests. We do need the
funding for firefighting and so forth. But I will tell you that taking
it out of the NEA is the wrong place in the bill.
Mr. Chairman, they have done a tremendous job under the chairmanship
of Gioia. They have brought the NEA back to what we originally intended
it to be, and that is a means of getting the arts out to the rest of
America, to rural America, particularly.
And if you will look at some of the programs that they have, their
masters program and the Shakespeare program and others, they have done
a great job of getting the rest of rural America exposed to those types
of things. That is what the NEA is all about.
And yes, there is private organizations that fund a lot of these. But
oftentimes it is in conjunction with private and public financing.
Sometimes they just finance a very small portion of it. So I think that
while I agree with the gentlemen's intent in terms of fire protection,
taking the money out of the NEA, which is substantially below what it
was in its high peak as was mentioned, I think is the wrong direction
to go and would set this program back, when it is moving in the
direction that we all hope it will go.
Mr. Chairman, I appreciate the gentleman's amendment, but I will be
voting against it.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield back the balance
of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado (Mr. Beauprez).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. BEAUPREZ. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $411,025,000, to remain available until
expended for construction, reconstruction, maintenance, and
acquisition of, buildings and other facilities, and for
construction, reconstruction, repair, decommissioning, and
maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That up to $15,000,000 of the funds provided herein
for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That $7,400,000 of the funds made
available in section 8098(b) of Public Law 108-287, to
construct a wildfire management training facility in San
Bernardino County, shall be transferred within 15 days of the
enactment of this Act to the Forest Service, ``Wildland Fire
Management'' account and shall be available for hazardous
fuels reduction, hazard mitigation, and rehabilitation
activities of the Forest Service in the San Bernardino
National Forest so long as this funding is used in addition
to, and not in place of, all normal funding allocated to this
Forest.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $7,500,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended: Provided, That the Forest Service may not use funds
in fiscal year 2007, including funds made available in Public
Law 96-586 or any other Act, to purchase land for the
Homewood Conservation Project in Lake Tahoe, California.
acquisition of lands for national forests
special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,053,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts (16
U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-
589, 76-591; and 78-310), pursuant to the Act of December 4,
1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $63,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for
[[Page H2821]]
subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487),
$5,311,000, to remain available until expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from
excess sources to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions 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; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under
5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate
Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by
the President and apportioned and all wildfire suppression
funds under the heading ``Wildland Fire Management'' are
obligated.
The first transfer of funds into the Wildland Fire
Management account shall include unobligated funds, if
available, from the Land Acquisition account and the Forest
Legacy program within the State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
Not more than $73,052,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements
requested by the Forest Service in order to obtain services
from the Department of Agriculture's National Information
Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,500,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $2,500,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for administrative expenses
or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That of the
Federal funds made available to the Foundation, no more than
$100,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further, That
the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,250,000 of the funds available to the Forest Service shall
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs. Such funds shall be matched on at least a one-for-
one basis by the Foundation or its subrecipients.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $500,000.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$45,000,000, shall be assessed for the purpose of performing
facilities maintenance. Such assessments shall occur using a
square foot rate charged on the same basis the agency uses to
assess programs for payment of rent, utilities, and other
support services.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $2,830,136,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall
remain available until expended, for the Indian Catastrophic
Health Emergency Fund: Provided further, That $536,259,000
for contract medical care shall remain available until
September 30, 2008: Provided further, That of the funds
provided, up to $27,000,000, to remain available until
expended, shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $270,316,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2007, of which not to exceed $5,000,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements: Provided
further, That the Bureau of Indian Affairs may collect from
the Indian Health Service and tribes and tribal
[[Page H2822]]
organizations operating health facilities pursuant to Public
Law 93-638 such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
with Disabilities Education Act (20 U.S.C. 1400, et seq.).
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $363,573,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment
from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service
may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the
United States Department of Housing and Urban Development:
Provided further, That not to exceed $1,000,000 from this
account and the ``Indian Health Services'' account shall be
used by the Indian Health Service to obtain ambulances for
the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for
demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process. Personnel
ceilings may not be imposed on the Indian Health Service nor
may any action be taken to reduce the full time equivalent
level of the Indian Health Service below the level in fiscal
year 2002 adjusted upward for the staffing of new and
expanded facilities, funding provided for staffing at the
Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and
staffing necessary to carry out the intent of Congress with
regard to program increases.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain
available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,414,000, of which $3,000,000
for individual project grants shall remain available until
September 30, 2008.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986, as
amended; and section 3019 of the Solid Waste Disposal Act, as
amended, $76,754,000, of which up to $1,500,000, to remain
available until expended, is for Individual Learning Accounts
for full-time equivalent employees of the Agency for Toxic
Substances and Disease Registry: Provided, That
notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers: Provided further, That in performing
any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by
the deadlines in section 104(i)(6)(A) of CERCLA: Provided
further, That funds paid for administrative costs to the
Centers of Disease Control and Prevention shall not exceed
7.5 percent of the funding provided under this heading:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess
of 40 toxicological profiles pursuant to section 104(i) of
CERCLA during fiscal year 2007, and existing profiles may be
updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
Council on Environmental Quality and Office of Environmental Quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,627,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $9,208,000: Provided, That the Chemical Safety
and Hazard Investigation
[[Page H2823]]
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That in fiscal
year 2007 and thereafter, notwithstanding any other provision
of law, the Environmental Protection Agency Inspector General
shall not serve as the Inspector General for the Board:
Provided further, That up to $600,000 of the funds provided
herein may be used for personnel compensation and benefits
for the Members of the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$5,940,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$6,703,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $517,094,000, of which
$10,000,000 is for facilities maintenance at the National
Zoological Park; of which not to exceed $9,964,000 for the
instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American
History and Culture, and the repatriation of skeletal remains
program shall remain available until expended; and of which
$2,077,000 for fellowships and scholarly awards shall remain
available until September 30, 2008; and including such funds
as may be necessary to support American overseas research
centers and a total of $125,000 for the Council of American
Overseas Research Centers: Provided, That funds appropriated
herein are available for advance payments to independent
contractors performing research services or participating in
official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$107,000,000, to remain available until expended, of which
$20,000,000 is for maintenance, repair, rehabilitation, and
construction of facilities at the National Zoological Park,
and of which not to exceed $10,000 is for services as
authorized by 5 U.S.C. 3109: Provided, That contracts awarded
for environmental systems, protection systems, and repair or
restoration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without the advance
approval of the House and Senate Committees on
Appropriations.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current
space or new facility without consultation with the House and
Senate Committees on Appropriations.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the statement of the
managers accompanying this Act.
None of the funds in this or any other Act may be used to
purchase any additional buildings without prior consultation
with the House and Senate Committees on Appropriations.
None of the funds made available by this Act may be used to
execute any contract or legal agreement with a for-profit
entity which has the effect of significantly limiting access
by the public to Smithsonian personnel or to Smithsonian
collections unless such agreement has been publicly noticed
at least 30 days prior to entering into such contract or
agreement and has been approved by the Regents of the
Smithsonian Institution after reviewing any public comments
that have been received during the public comment period.
This section does not limit the Smithsonian's existing
authority to grant or deny any specific request, by any
organization or individual for access, based on its judgment
of the appropriateness of the use of Smithsonian resources
being proposed in a specific application.
None of the funds in the Act shall be used to administer or
otherwise facilitate the payment of compensation to any
officer or employee of the Smithsonian or any of its
subsidiary organizations at an annual rate of pay, including
any bonuses or similar cash or in-kind amounts, in excess of
the rate of pay of the President of the United States.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $101,794,000,
of which not to exceed $3,239,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $14,949,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price:
Provided further, That, notwithstanding any other provision
of law, a single procurement for the Master Facilities Plan
renovation project at the National Gallery of Art may be
issued which includes the full scope of the Work Area #3
project: Provided further, That the solicitation and the
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232.18.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $18,909,000.
construction
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $19,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $9,438,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$124,412,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts, including arts
[[Page H2824]]
education and public outreach activities, through assistance
to organizations and individuals pursuant to section 5 of the
Act, including $14,097,000 for support of arts education and
public outreach activities through the Challenge America
program, for program support, and for administering the
functions of the Act, to remain available until expended:
Provided, That funds previously appropriated to the National
Endowment for the Arts ``Matching Grants'' account and
``Challenge America'' account may be transferred to and
merged with this account: Provided further, That funds
appropriated herein shall be expended in accordance with
sections 309 and 311 of Public Law 108-108.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$126,049,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $14,906,000, to remain available until
expended, of which $9,648,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants up to $10,000, if in the aggregate this amount
does not exceed 5 percent of the sums appropriated for grant-
making purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council
on the Arts to the Chairperson: Provided further, That 20
U.S.C. 954(e) shall not apply to grants and contracts funded
solely with nonappropriated monies.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,951,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $6,534,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,118,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,623,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting
international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$43,415,000, of which $515,000 for the equipment replacement
program shall remain available until September 30, 2009; and
$1,900,000 for the museum's repair and rehabilitation program
and $1,264,000 for the museum's exhibition design and
production program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $19,256,000
shall be available to the Presidio Trust, to remain available
until expended.
White House Commission on the National Moment of Remembrance
salaries and expenses
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $200,000.
TITLE IV--GENERAL PROVISIONS
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
{time} 1615
Mr. TAYLOR of North Carolina (during the reading). Mr. Chairman, I
ask unanimous consent that the remainder of title IV be considered as
read, printed in the Record, and open to amendment at any point.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
The text of the remainder of title IV is as follows:
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.
Sec. 407. None of the funds available to the Forest
Service or the Bureau of Land Management may be used in
fiscal year 2007 or fiscal year 2008 to plan, prepare, or
offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2005.
Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2007, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the
[[Page H2825]]
standard procedures employed by the Bureau of Land Management
in the retention of third-party contractors.
Sec. 409. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, and
109-54 for payments to tribes and tribal organizations for
contract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total
amounts available for fiscal years 1994 through 2006 for such
purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 410. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the
5-year program under the Forest and Rangeland Renewable
Resources Planning Act.
Sec. 411. Amounts deposited during fiscal year 2006 in the
roads and trails fund provided for in the 14th paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing
risks to human safety and public health and property and
enhancing ecological functions, long-term forest
productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber salvage
sale fund. Nothing in this section shall be construed to
exempt any project from any environmental law.
Sec. 412. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being
contacted.
Sec. 413. Prior to October 1, 2008, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
Sec. 414. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 415. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized through the end of
fiscal year 2010 to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide
wildfire services are considered, for purposes of tort
liability, employees of the country receiving said services
when the individuals are engaged in fire suppression. The
Secretary of Agriculture or the Secretary of the Interior
shall not enter into any agreement under this provision
unless the foreign country (either directly or through its
fire organization) agrees to assume any and all liability for
the acts or omissions of American firefighters engaged in
firefighting in a foreign country. When an agreement is
reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country.
Neither the sending country nor any legal organization
associated with the firefighter shall be subject to any legal
action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.
Sec. 416. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands
and other forest-dependent rural communities isolated from
significant alternative employment opportunities.
Notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants
or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or
disadvantaged business. The contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed
or water quality monitoring or restoration, wildlife or fish
population monitoring, or habitat restoration or management.
The terms ``rural community'' and ``economically
disadvantaged'' shall have the same meanings as in section
2374 of Public Law 101-624. The Secretaries shall develop
guidance to implement this section. Nothing in this section
shall be construed as relieving the Secretaries of any duty
under applicable procurement laws, except as provided in this
section.
Sec. 417. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the
State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 418. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2007, not more
than $3,450,000 may be used by the Secretary of the Interior
to initiate or continue competitive sourcing studies in
fiscal year 2007 for programs, projects, and activities for
which funds are appropriated by this Act until such time as
the Secretary concerned submits a reprogramming proposal to
the Committees on Appropriations of the Senate and the House
of Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.
(2) Of the funds appropriated by this Act, not more than
$2,500,000 may be used in fiscal year 2007 for competitive
sourcing studies and related activities by the Forest
Service.
(b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on
subjecting work performed by Federal Government employees or
private contractors to public-private competition or on
converting the Federal Government employees or the work
performed by such employees to private contractor performance
under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2006.--The Forest
Service is hereby exempted from implementing the Letter of
Obligation and post-competition accountability guidelines
where a competitive sourcing study involved 65 or fewer full-
time equivalents, the performance decision was made in favor
of the agency provider, no net savings was achieved by
conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies
funded in this Act shall include all costs attributable to
conducting the competitive sourcing competitions and staff
work to prepare for competitions or to determine the
feasibility of starting competitions, including costs
attributable to paying outside consultants and contractors
and, in accordance with full cost accounting principles, all
costs attributable to developing, implementing, supporting,
managing, monitoring, and reporting on competitive sourcing,
including personnel, consultant, travel, and training costs
associated with program management.
(e) In carrying out any competitive sourcing study
involving Forest Service employees, the Secretary of
Agriculture shall--
(1) determine whether any of the employees concerned are
also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting
with a private sector source would have on the ability of the
Forest Service to effectively and efficiently fight and
manage wildfires.
Sec. 419. None of the funds in this Act or prior Acts
making appropriations for the Department of the Interior and
Related Agencies may be provided to the managing partners or
their agents for the SAFECOM or Disaster Management projects.
Sec. 420. Section 331 of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (as enacted
into law by section 1000(a)(3) of Public Law 106-113; 113
Stat. 1501A-196; 16 U.S.C. 497 note), as amended, is
amended--
[[Page H2826]]
(1) in subsection (a) by striking ``2006'' and inserting
``2007''; and
(2) in subsection (b) by striking ``2006'' and inserting
``2007''.
Sec. 421. The Secretary of Agriculture may acquire, by
exchange or otherwise, a parcel of real property, including
improvements thereon, of the Inland Valley Development Agency
of San Bernardino, California, or its successors and assigns,
generally comprising Building No. 3 and Building No. 4 of the
former Defense Finance and Accounting Services complex
located at the southwest corner of Tippecanoe Avenue and Mill
Street in San Bernardino, California, adjacent to the former
Norton Air Force Base. As full consideration for the property
to be acquired, the Secretary of Agriculture may terminate
the leasehold rights of the United States received pursuant
to section 8121(a)(2) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 999).
The acquisition of the property shall be on such terms and
conditions as the Secretary of Agriculture considers
appropriate and may be carried out without appraisals,
environmental or administrative surveys, consultations,
analyses, or other considerations of the condition of the
property.
Sec. 422. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a
contract with a private party to carry out, without specific
authorization in a subsequent Act of Congress, a competitive
sourcing activity of the Secretary of Agriculture or the
Secretary of the Interior, including support personnel of the
Department of Agriculture and the Department of the Interior,
relating to wildfire management or wildfire suppression
programs.
Sec. 423. None of the funds made available in this Act may
be used to work on or enter into a contract with a private
party to carry out, the Fire Program Analysis system, unless
both the Secretary of Agriculture and the Secretary of the
Interior certify, in writing to the Comptroller General, that
this funding will accomplish the existing work plan, as
determined by the Wildland Fire Leadership Council, and that
State wildfire agencies will be full participants in the use
and development of the system.
Sec. 424. Notwithstanding any other provision of law, no
officer or employee of the Smithsonian Institution or any of
its subsidiary organizations shall be compensated directly or
indirectly at an annual rate of pay in excess of the
statutorily established rate of pay of the President of the
United States.
Sec. 425. (a) The Congress finds that--
(1) greenhouse gases accumulating in the atmosphere are
causing average temperatures to rise at a rate outside the
range of natural variability and are posing a substantial
risk of rising sea-levels, altered patterns of atmospheric
and oceanic circulation, and increased frequency and severity
of floods and droughts;
(2) There is a growing scientific consensus that human
activity is a substantial cause of greenhouse gas
accumulation in the atmosphere; and
(3) mandatory steps will be required to slow or stop the
growth of greenhouse gas emissions into the atmosphere.
(b) It is the sense of the Congress that there should be
enacted a comprehensive and effective national program of
mandatory, market-based limits and incentives on emissions of
greenhouse gases that slow, stop, and reverse the growth of
such emissions at a rate and in a manner that (1) will not
significantly harm the United States economy; and (2) will
encourage comparable action by other nations that are major
trading partners and key contributors to global emissions.
Point of Order
Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order.
The Acting CHAIRMAN. The gentleman will state his point of order.
Mr. YOUNG of Alaska. Mr. Chairman, I raise a point of order that the
language contained in section 425 beginning with ``the Congress finds
that,'' on page 125, line 3, through ``contributors of global
emissions'' on page 125, line 25, violates clause 2 of rule XXI of the
rules of the House representing prohibited legislation in appropriation
bills.
The language that I have cited contains congressional findings and a
sense of Congress on global warming. This language clearly constitutes
legislation in appropriations bill, and such violates clause 2 of rule
XXI.
The Acting CHAIRMAN. Does any Member wish to be heard on the point of
order?
Mr. DICKS. Mr. Chairman, I would like to be heard on the point of
order. This is my amendment, and I want the gentleman to understand
that this doesn't have anything to do with authorizing language either
for Interior or for Agriculture and that this amendment is a sense of
the Congress.
Now, I don't see, and it would seem to me that the gentleman from
Alaska would be more concerned about the global warming issue because
of the consequences for his State. So I am very surprised that he is
offering this point of order against my amendment, and I would hope he
would reconsider.
The Acting CHAIRMAN. Does the gentleman from Alaska wish to be heard
further?
Mr. YOUNG of Alaska. I will not reconsider. The language clearly
constitutes legislation on an appropriations bill, and you know I do
not like legislation on appropriations bills, period. I have been up
here before, and I will be up here again every time on legislation on
appropriations bills.
The Acting CHAIRMAN. Does any other Member wish to be heard on the
point of order?
The Chair finds that this section states a legislative sentiment of
the Congress. The section therefore constitutes legislation in
violation of clause 2 of rule XXI. The point of order is sustained and
the section is stricken from the bill.
Amendment Offered by Mr. Obey
Mr. OBEY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Obey:
Page 125, after line 25, insert the following new section:
Sec. 426. The amounts otherwise provided by this Act are
revised by reducing the amount available for Environmental
Protection Agency, Environmental Programs and Management, and
increasing the amount made available for Environmental
Protection Agency, Environmental Programs and Management, by
$1.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Wisconsin (Mr. Obey) and the gentleman from Alaska (Mr.
Young) each will control 15 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. OBEY. Mr. Chairman, I offer this amendment simply to have an
opportunity to comment on what has just transpired on the House floor.
My great mentor and friend through most of my public life has been
Gaylord Nelson, the founder of Earth Day, and perhaps the greatest
environmentalist who ever served in the United States Senate. Just
before he died, I had my last conversation with him about environmental
issues, and he made quite clear that he thought the greatest
environmental threat to mankind over the next 100 years was the issue
of global warming. And it is time this Congress face up to that fact
and does something about it.
I don't know what it takes to have this government get off its you-
know-what and start dealing with the most critical environmental
problem that confronts the entire planet. If we just take a look at a
few of the pieces of evidence that are lying all around: core drillings
in glaciers around the world enable us to study bubbles that go back as
far as 300,000 years, and we see that we have a higher concentration of
carbon dioxide than we have had in the known history of the planet.
Since 1970, the duration and intensity of hurricanes has increased by
50 percent, the number of tornados in this country has now reached the
highest number in recorded history, some 1,700 in one year. Two hundred
western cities have broken heat records in the past 2 years.
Glaciers, which are serving really as the proverbial canaries in the
mines, are trying to tell us something. Twenty-seven of the 38 glaciers
in Glacier Park are gone, and the rest of them are likely to be gone
before this century reaches its halfway point. The Larsen ice shelf,
700 feet thick, was expected to last 100 years; it suddenly began to
collapse in two weeks. The Arctic ice cap has lost half of its
thickness in the last half century. The Greenland ice cap, as was
referred to on that side of the aisle earlier, is melting at a highly
accelerated rate. And, if it goes, one third of Florida goes with it.
It will be underwater. If it goes, it could shut down the major
Atlantic Ocean current. The current that drives the gulf stream has
already decreased 30 percent in 50 years, and that is driven by
differences in temperature and salinity of the water.
So this to me is not just an environmental problem; it is a moral
problem. It isn't going to affect my generation. All of you who are in
my generation are going to be gone within 20 years. But it most
certainly is going to affect our kids, it most certainly is going to
affect our grandkids. And I would hope that we would demonstrate that
we
[[Page H2827]]
care more about the welfare of the planet than we care about committee
jurisdictional dung hills.
But what is apparent today is that this Congress is going to be
prevented from making a simple statement of fact that humans and human
activity are driving, at least significantly driving, the problem of
global warming and that we have an obligation to do something on the
national level and the international level to deal with it, and we have
an obligation to do it now.
John Sawhill, who served a variety of Republican administrations in a
variety of capacities, said this just before he died: ``In the end, our
society will be defined not only by what we create, but by what we
refuse to destroy.'' And I think we ought to remember that when we
think of this issue.
To me, I think we need to remember what those who were present saw in
1933 at FDR's inaugural when he took the oath of office on the very
steps of this Capitol. He is remembered mostly for saying that ``we
have nothing to fear but fear itself.'' But the line that got the
greatest reaction from the crowd at that time was when FDR said, ``We
need action, and we need action now.'' We most certainly do. And I
regret very much that the gentleman felt it necessary to knock out this
language. If he is going to do that, then I would suggest that the
authorizing committees have an obligation to sit down with the White
House and begin immediately, not 6 months, not 6 years from now, the
real process of producing actions that will indeed save this planet
from what is most assuredly going to occur if we continue the drift
that is implied by this action today.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Chairman, I have the greatest respect for
the gentleman who just spoke. My interest is in fact legislation on
appropriation bills. And I do believe we have the opportunity to in
fact have good hearings on this issue, because there is a difference of
opinion.
Do me a favor, my friends, and go back and read 1972, 1973, 1974 and
1975. You were here, Mr. Obey. I believe you were. I was. Maybe you
weren't.
Mr. OBEY. Yes.
Mr. YOUNG of Alaska. We call that the Ice Age. Every scientist of any
renown said we were faced with an ice age. It was irreversible. We were
going to be faced with famines. The world was coming to an end. And we
had to do something about it immediately. We had to do something about
it as the Congress.
Check the records. That is the reality. What concerns me the most is
the possibility of a fear tactic being implemented in the warming
threat.
Let's have a good study. Let's have a debate and division of what is
occurring by scientists. Let's look at the model. Yes, the Earth is
warming, in some areas. I just read a report, in fact, that Greenland
is cooling. The thing I think strikes me the most is if you will take
the time to study the globe, the world as we know it, and look at what
has occurred in the past and possibly will occur in the future, we are
now pumping 1 million barrels a day from Prudhoe Bay. Prudhoe Bay, the
most northern part of this continent, we are pumping that oil.
Now, I ask you, my friends, if you studied science, where does oil
come from? What occurred on this globe at that time to allow mastodons,
ferns, tree stumps, a tropical atmosphere to be there to create that
oil? And that is the reality.
I ask you, secondly, if you go back to the Ice Age, and we have had
four ice ages, three majors and one minor, if you go to New Mexico 12
million years ago, there was 287 feet of ice in New Mexico. I won't ask
you what created that ice. But I will ask each and every one of you and
everybody watching and everybody talking this fear tactic what melted
that ice all the way to the North Pole before mankind set foot on this
continent. It certainly wasn't hair spray or freon or automobile
emissions. It melted, 287 foot of ice, before we set foot.
I am a little bit concerned when everything that is wrong is our
fault, that the human factor creates all the damages on this globe.
That is pure nonsense. That is nonsense.
And so I am asking you, let's have the hearings, let's have the
scientists, let's have some debate about really what is occurring here
instead of having hysteria and saying it is all our fault.
And, by the way, it is always the fault of the Americans. It is never
the fault of the bigger countries that burn as many barrels of oil as
we are doing today, not per capita but as many barrels of oil, and burn
the coal as we are trying to do. It is never their fault. It is our
fault.
So let's have a sound debate about this issue and not be caught in
this attitude that we must do something right now because we are the
Federal Government. Let's do it the right way.
I reserve the balance of my time.
Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I knew we still had charter members of the Flat Earth
Society walking around this country. I didn't realize there were quite
so many in the United States Congress.
Mr. YOUNG of Alaska. I am just curious, were you referring to
yourself?
Mr. OBEY. The rules don't allow me to say who I was referring to.
The gentleman says we should have studies, we should have hearings.
Your party has controlled this Congress for 14 years. The time for
studying is over. The time for studying is past. There is a huge
scientific consensus that human beings are driving global warming. And
James Hansen from NASA has told us that in his view we may have less
than 10 years to deal with this problem before we hit a critical
tipping point beyond which we will be facing catastrophe.
He may be right, and you may be right. If you are right, then moving
to deal with this problem costs us very little. If he is right, not
moving costs us everything. The gentleman refers to an ice age.
{time} 1630
If you shut down the ocean currents' conveyors, you are going to have
an ice age in one heck of a hurry. So I would suggest the gentleman has
committee responsibilities. If he does not want this committee to meet
our responsibilities, as we have tried to do, then it is about time you
meet yours and actually do something about it rather than denying that
this is a real problem.
Mr. Chairman, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Chairman, I yield myself 2 minutes.
I thank the gentleman, again, for his presentation. I am glad he gave
us an additional 2 years because the way I record it we have been in
power for 12 years, not 14 years. I would gladly take two more. Maybe
that is an omen of this next election, but I am just saying we have
actually been going on 12 years.
Lastly, let us say this is not about the action itself. It is about
legislating on appropriation, but I do, and ask you sincerely, I do not
have jurisdiction with that committee. Thank God, I do not really run
the White House, but I think we have to legitimately and not respond to
the fear tactic. Read the book, Controlled By Fear. It is very
interesting you can frighten people into doing most anything, including
taking away the economy and the opportunity for future generations,
easily done.
That is what I do not want us to fall into. If we are the driving
factor, I am willing to accept that responsibility and do something of
it, but again, go back to the history of this globe and what has
occurred. It is ironic when I go into many of these States and I see
seashells at 11,000 feet, seashells. This continent was covered with
water at one time, retreated and allowed humanity to grow. Now, keep
that in mind. Do not keep getting caught in the idea that everything
that is here now is permanent. The Earth is a natural, evolving
phenomenon.
That is all I am asking people to do. It is not to be caught into the
fear and driving and say it is all our fault what is occurring. If that
is the case through such studies, then let us accept that, but right
now it has not been proven. There is a large division that says this is
not happening because of humanity.
Mr. Chairman, I reserve the balance of my time.
Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
I would simply say to my good friend that just about the only
scientists left in the world who do not recognize that this is a
serious and real problem are
[[Page H2828]]
those who have an economic interest in not recognizing it, and that, in
my view, is an absolute fact.
The gentleman talks about not wanting to fall into a trap. What you
are going to fall into if we listen to the gentleman is sea levels 20
to 30 feet higher than they are now, and virtually every coastal city
in the world is going to be under water, and New Orleans is going to be
the norm rather than the unhappy exception. That is what the world is
going to face if we do not deal with this problem and begin to deal
with it while we still have time.
Mr. Chairman, how much time do we have remaining on each side?
The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) has 7\1/2\
minutes remaining. The gentleman from Alaska (Mr. Young) has 9 minutes
remaining.
Mr. OBEY. Mr. Chairman, I yield 5 minutes to the gentleman from
Massachusetts (Mr. Olver).
Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding.
I am sorry that the gentleman from Alaska has raised this point of
order because planet Earth is warming. Climate scientists of all
persuasions agree that the average surface temperature of the Earth has
risen by about 2 degrees Fahrenheit since 1850, and all agree that the
accurately measurable concentration of carbon dioxide in our atmosphere
has risen from about 280 parts per million in 1850 to over 380 parts
per million today. Furthermore, 75 of that 100 parts per million rise
has occurred in just the last 40 years.
As a scientist, my attention became totally focused on global warming
some 15 years ago by the elegant and powerful measurements of carbon
dioxide trapped in ice cores taken as much as 2 miles deep from the
great East Antarctica ice sheet.
Those data give a continuous 400,000-year record of concentration of
CO2 in the atmosphere at the time the snow that now makes up
that great ice sheet fell. Through four successive cycles of deep cold
followed by interglacial periods of warming, in the coldest part of
each cycle the concentration of CO2 in the atmosphere never
fell below 190 parts per million, and in the warmest period of each
cycle never rose above 280 parts per million.
Suddenly, within the last 40 years, concentration of carbon dioxide
in our atmosphere has smashed through the 400,000-year maximum of 280
parts per million to a 380-part per million level and continues to
rise.
Since 1850, burning of fossil fuels, coal, oil and natural gas has
increased 100 times to produce energy as the world has industrialized
to serve the world's more than 6 billion and growing population. The
scientists who do climate research understand that much of the ever
increasing concentration of CO2 in the atmosphere since 1850
must be attributed to burning those fossil fuels to produce the energy
that drives industrialization.
With this chart, let me touch one facet of the climate crisis that we
are dealing with. 6.3 billion people, on average, produce four tons of
CO2 every year. That comes to a total of slightly more than
25 billion tons of CO2 produced every year. Our 290 million
people produce 20 tons per person, and China, with its almost 1.3
billion people in 2003 produced 2.7 tons per person of CO2.
We all know that China is industrializing at a growth rate of 8 to 10
percent per year. China is on track to pass the U.S. as the largest
economy in the world in 20 to 25 years, and China is determined to give
its people a chance at this high standard of living that we enjoy.
Consider a hypothetical case. If every country except China stayed
exactly where they are on population and energy usage, and China alone
industrialized to our level, using the same mix of energy sources that
the U.S. uses in emitting the same 20 tons of CO2 per person
that the U.S. emits, it is a simple calculation to reach a number by
taking the 1.3 billion Chinese and multiplying it by the difference
between 20 and 2.7, 17.3 additional tons per person, and that comes to
22.5 billion tons of added CO2 over what is presently
emitted by the whole world. That is 90 percent as much as is being
produced by the whole world today.
The industrialization of China alone would increase by 90 percent the
concentration of CO2 in our atmosphere and would at least
increase the atmospheric CO2 by at least another 100 parts
per million.
That simple example tells why climate scientists are so concerned
about the lack of effective measures to curb CO2 emissions,
to develop new technology, to produce energy that does not produce
CO2, to increase efficiency of present technology and,
frankly, to conserve energy.
The sense of the Congress resolution on which a point of order has
been raised recognizes the looming crisis that human life faces if we
continue to produce the energy needed by methods that disrupt the
Earth's climate by adding humongous amounts of CO2 into our
atmosphere. It is a critical first step in any effort to address global
warming.
Mr. YOUNG of Alaska. Mr. Chairman, I yield 3 minutes to the gentleman
from Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Chairman, I thank and appreciate the gentleman
from Alaska for the time.
The issue that we are debating here, this sense of Congress, is to
ask the Members of Congress to take a look at a potential problem of
global warming that human activity is causing by burning fossil fuel
and adding increasing amounts of CO2 to the atmosphere that
helps with the greenhouse effect.
Carbon dioxide makes up less than 100th of 1 percent of the
atmosphere, a very, very tiny amount. Yet that tiny amount has a large
impact on the heat balance or the climate of the planet, and so if you
can take an analysis, which we can, without dispute from the scientific
community, over the past 10,000 years, you can actually go back 5
million years, but if you look at the last 10,000 years, we have
increased in CO2 by a natural amount from 180 parts per
million of CO2 to 280 parts per million. It took 100 years
to increase the amount of CO2 in the atmosphere by 100 parts
per million.
But then if you look at the last 100 years, especially the last 50
years, we have increased it by another 100 parts per million. Now, that
is a tiny amount. It is another very small percentage. It took 10,000
years to increase it by 100 parts per million. It took really less than
100 years to increase it another 100 parts per million, which can be
directly attributed to human activity burning fossil fuel.
Now, it is still a very tiny amount. Even if the human input to the
increasing CO2 is only 4 percent, when we are working at
levels of hundredths of a percent, that 4 percent is significant.
So we are seeing, as a result of the change in increase in
CO2, warming temperatures of the atmosphere, warming
temperatures of the oceans, receding glaciers, and that is not to scare
people.
We, as adults, always want better science for our students in our
schools. We need better science here on the House floor. If you look at
the Greenland ice sheet 25 years ago, 20 cubic miles of that ice sheet
was flowing into the North Atlantic. Today, just a few decades later,
53 cubic miles a year of the Greenland ice sheet is flowing into the
North Atlantic, and like the gentleman from Wisconsin said earlier, if
the Greenland ice sheet were to go, and it is growing, we should
recognize a potential for a 23-feet increase in the sea level.
So, all we are asking for on the House floor is let us look at the
data. Let us acknowledge our future.
Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I just want to remind people, this is an appropriations
bill, and we can go through the process. I think the debate has been
good. We have had some good presentations. It is just a matter of
difference of opinion, and some day we will decide who is right, and
when I become the correct one I hope you all recognize that.
Mr. Chairman, I yield back the balance of my time.
Mr. OBEY. Mr. Chairman, let me yield the remaining 2 minutes of my
time to the distinguished gentleman from Washington (Mr. Dicks), who
was the originator of the language which was stricken.
Mr. DICKS. Mr. Chairman, I am going to be brief here.
The reason I offered this global warming amendment is because I
believe this is a serious problem. When
[[Page H2829]]
you have six former administrators of the Environmental Protection
Agency saying this is a reality, when you have just heard Congressman
Gilchrest talk about the increases in parts per million of carbon
dioxide, and when you have the visible evidence of our glaciers
melting, the Greenland ice sheet is melting at a faster rate, the polar
bears are dying because there is not enough ice. I mean at some point
can the majority here not figure out we ought to have some study, we
ought to look into this, that this is a real issue that affects
everyone on the Earth?
While Alaska melts away, their Congressmen will be down here in D.C.
and everybody will be wondering whatever happened to Alaska.
All I am saying is this is a serious problem, and it is time for
serious people to get serious, including the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
Mr. DICKS. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Chairman, I just want to remind him, if you
look at any of the studies that are taking place now, the polar bear
pack is very healthy and, in fact, increasing. Keep that in mind. Read
something that really has some merit to it. Do not just read the fear
tactic. This is science from the Fish and Wildlife people. Read that.
They will tell you we are increasing the numbers, not decreasing. Where
you got this idea, I have no idea. Because someone told you that.
Mr. DICKS. Mr. Chairman, I do not think you and I will be here to
figure out who was right. I would rather do some serious research about
it now than wake up 10 years from now and find out if we would have
acted back in 2006 and done something about this, we might have been
able to save all of humanity.
I mean, this is real and it is an important issue, and I hate to see
it be treated so frivolously by the gentleman from Alaska.
{time} 1645
Mr. OBEY. Mr. Chairman, I yield for the purpose of a unanimous
consent request to the gentleman from New Mexico (Mr. Udall).
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Chairman, I support keeping the language
in because, as the gentleman from Washington has said, it is very, very
important to deal with this problem.
Mr. Chairman, I am extremely disappointed that the Rules Committee
did not protect the global warming language in the Interior
Appropriations Bill. Global warming is real and human activities are
largely to blame. Many scientists believe the erratic and record-
breaking weather events we are seeing across the country, such as the
prolonged droughts in my home state of New Mexico, are the direct
result of global warming. The United States must act, and we must act
soon.
The language that was removed from the Interior Appropriations Bill
today declared the need for a mandatory cap on greenhouse emissions.
Stripping this language further shows the lack of political will of the
House of Representatives on this issue. Mr. Chairman, global warming is
perhaps the biggest problem that present and future generations of
Americans will face. We cannot leave this to our children.
Our colleagues in the Senate have already begun the much needed
debate on this issue. In fact, they passed a sense of Congress exactly
the same as the one that was stripped today. In addition, they held a
day-long climate change forum that gathered stakeholders on this issue,
including the leadership of numerous top American companies such as GE
and Walmart. Many positions and recommendations for federal greenhouse
gas control legislation were aired and debated. It is way past time for
the House of Representatives to join the debate. At this point, Mr.
Chairman, our neglect has become a dereliction of duty.
Several pieces of legislation have already been introduced on the
monumentally important and complex issue of global warming. Certainly,
it will take considerable time, effort and investment to mitigate the
negative effects of greenhouse gas emissions. And, this must be done
equitably and without unnecessary harm to hard-working Americans.
Fortunately, much is already known on what we can do. Research and
development on creative solutions to global warming has been underway
for some time. Indeed, there is a lot of optimism that we can control
the worst effects if we make the commitment. Many companies, states and
cities around the country have begun the process. The United States
House of Representatives remains silent.
We have not had a single hearing on global warming legislation. In
the mean time, the United States continues to increase its greenhouse
gas emission levels and China and India are developing fossil fuel
dependent, carbon-intensive economies at astounding rates. Mr.
Chairman, the process must begin. The United States must be a leader on
this issue.
Included in the list of legislation foundering in the House is a bill
that the Gentleman from Wisconsin, Mr. Petri, and I introduced. H.R.
5049, the Keep America Competitive Global Warming Policy Act, is a
bipartisan policy that will address greenhouse gas emissions but not
put America's jobs at risk. This monumental step of putting a price on
carbon will stabilize and eventually reduce emissions, finally putting
the United States on the road toward curbing the effects of global
warming.
Mr. Chairman, I urge the House of Representatives to immediately
begin the debate on solutions to global warming.
Mr. OBEY. Mr. Chairman, I want to congratulate the gentleman from
Alaska. He always does the best job possible in selling a very bad
case.
Mr. PETRI. Mr. Chairman, I would like to take this opportunity to
encourage the House to seriously look at the issue of climate change.
I agree with many of my colleagues who have spoken today on the need
to address global warming and that any national policy should not
significantly harm the United States economy and encourage comparable
actions by other nations.
That is why I am the lead cosponsor of Congressman Tom Udall's Keep
America Competitive Global Warming Policy Act. This legislation is a
mandatory, economy wide, cap-and-trade all greenhouse gas reduction
policy.
It sets a reasonable standard for emissions and allows companies to
buy the time they need to meet reduction requirements without incurring
irreparable harm.
The bill will maintain U.S. competitiveness by encouraging research
and innovation as well as tie increases in the price of an emission
allowance to the emissions-reducing actions of developing countries.
So I hope at some point we can come together and begin the discussion
in a thoughtful, bipartisan manner and work to address this issue.
The CHAIRMAN. All time for debate has expired.
The question is on the amendment offered by the gentleman from
Wisconsin (Mr. Obey).
The amendment was rejected.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE V--SUSPENSION OF ROYALTY RELIEF
Sec. 501. (a) Requirement To Suspend.--The Secretary of the
Interior shall suspend the application of any provision of
Federal law under which any person is given relief from any
requirement to pay royalty for production oil or natural gas
from Federal lands (including submerged lands), for leases
occurring in any period after the date of the enactment of
this Act with respect to which--
(1) in the case of production of oil, the average price of
crude oil in the United States over the most recent 4
consecutive weeks is greater than $34.71 per barrel; and
(2) in the case of production of natural gas, the average
wellhead price of natural gas in the United States over the
most recent 4 consecutive weeks is greater than $4.34 per
thousand cubic feet.
(b) Determination of Market Price.--The Secretary shall
determine average prices for purposes of subsection (a) based
on the most recent data reported by the Energy Information
Administration of the Department of Energy.
Point of Order
Mr. PEARCE. Mr. Chairman, I rise to make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. PEARCE. Mr. Chairman, I make the point of order that the language
contained in section 501 of the bill violates clause 2(b) of rule XXI
and constitutes legislation on an appropriations bill.
The CHAIRMAN. Does any other Member wish to be heard on the point of
order?
If not, the Chair will rule. The Chair finds that this section
contains language imparting direction to the Executive.
The section therefore constitutes legislation in violation of clause
2 of rule XXI. The point of order is sustained and the section is
stricken from the bill.
The Clerk will read.
[[Page H2830]]
The Clerk read as follows:
Sec. 502. Renegotiation of Existing Leases.--The Secretary
of the Interior shall seek to renegotiate each existing lease
authorizing production of oil or natural gas on Federal land
(including submerged land) that was issued by the Department
of the Interior before the date of the enactment of this Act
as necessary to modify the terms of such lease to ensure that
any suspension of a requirement to pay royalties under such
lease does not apply to production referred to in section
501(a).
Point of Order
Mr. PEARCE. Mr. Chairman, I rise to make a point of order.
The CHAIRMAN. The gentleman will state his point of order.
Mr. PEARCE. Mr. Chairman, I make the point of order that the language
contained in section 502 of the bill violates clause 2(b) of rule XXI
and constitutes legislation on an appropriations bill.
The CHAIRMAN. Does any Member wish to be heard on the point of order?
If not, the Chair will rule. The Chair finds that this section
contains language imparting direction to the Executive.
The section therefore constitutes legislation in violation of clause
2 of rule XXI.
The point of order is sustained and the section is stricken from the
bill.
Amendment Offered by Mr. Hinchey
Mr. HINCHEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Hinchey:
At the end of the bill (before the short title), insert the
following:
TITLE __--ADDITIONAL GENERAL PROVISIONS
Sec. __. None of the funds made available in this Act may
be used to issue any new lease that authorizes production of
oil or natural gas under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et. seq.) to any lessee under an existing
lease issued by the Department of the Interior pursuant to
the Outer Continental Shelf Deep Water Royalty Relief Act (43
U.S.C. 1337 note), where such existing lease is not subject
to limitations on royalty relief based on market price.
The CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from New York (Mr. Hinchey) and a Member opposed each will
control 15 minutes.
The Chair recognizes the gentleman from New York.
Mr. HINCHEY. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, the amendment I have at the desk is a simple one. It
says that none of the funds made available in this act may be used to
issue any new leases that authorize production of oil or natural gas
under the Outer Continental Shelf Lands Act to any lessee under an
existing lease where such lease is not providing the proper royalties
based upon market price.
We have a situation here where the American public is being gouged
for the price of oil on two separate occasions, once at the gasoline
pump and once when their oil and natural gas is being drilled and
obtained by oil companies that are not paying the royalties on those
leases. This is something that needs to stop.
We have right now over 1,000 leases, roughly 1,032 leases, to major
oil companies to drill in the Outer Continental Shelf and elsewhere,
and there is no provision for those oil companies to pay royalties on
the product owned by the American citizens that is being taken out of
the ground, whether it is dry or under the Continental Shelf. That
needs to change. We are losing roughly $1 billion a year, and unless
this is changed over the course of the next 20 years, we will lose more
than $20 billion.
So we need a situation that is going to address this, and this
amendment will do so. It simply says that anyone who is interested in
having leases to extract oil or natural gas from the Outer Continental
Shelf, and they have already leases upon which they are not paying the
proper royalties, is not going to be permitted to take those new
leases.
Those new leases provide for royalties between 12 and 16 percent. The
royalties are on a product that is owned by the citizens of this
country, whether it is the oil or the natural gas; and any oil company
that is taking those products out of the ground, out of public lands,
taking this public property and not paying royalties on it should not
be provided with additional leases unless they are willing to pay
royalties both on the additional leases and the leases that they
already have.
Mr. Chairman, I reserve the balance of my time.
Mr. TAYLOR of North Carolina. Mr. Chairman, I rise to claim the time
in opposition.
The CHAIRMAN. The gentleman is recognized for 15 minutes.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 3 minutes to the
gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. Mr. Chairman, I stand to oppose this amendment offered
by the gentleman from New York. In committee, the gentleman from New
York offered an amendment that conditioned eligibility for future
leases on renegotiation of price thresholds in old leases. Today's
amendment seeks to obtain the same coercive result by indirection.
I share the gentleman's concern about the lack of price thresholds in
leases negotiated by the Clinton/Gore administration in 1998 and 1999.
The Department of the Interior's Inspector General has appropriately
launched an investigation into this, as has the Resources Committee.
However, these leases were valid legal contracts signed between the
government and these companies in good faith. They paid hundreds of
millions of dollars in bonus bids for these leases, bidding on the
basis of the royalty relief that they were being offered.
If the lessees seek to maintain their valid legal rights under these
contracts, the amendment would penalize them for doing so, in violation
of their due process rights under the Constitution. At best, the
amendment is an invitation to litigation, which the government will
likely lose at a high cost to the taxpayer. A more dire impact will be
the lack of development of energy resources that America badly needs.
The amendment would disqualify many companies from bidding on new
leases. Remember, these leases were valid leases signed by the
government, legally binding. They are contracts. So what we are going
to do is penalize these companies because they are abiding by their
legal contracts.
Sure, we want them to negotiate. We want them to renegotiate. We
would like them to pay the royalties. But the Clinton/Gore
administration at that time put these contracts in place. They were
signed by the companies. They were signed by the government. And now we
are going to go in and say if you don't renegotiate, then you are not
going to be eligible for any of these contracts. If you don't pay
royalties on these contracts, wherein you are doing exactly what you
are required to do by law, if you don't pay royalties voluntarily, then
you are not going to be eligible for any of the new leases that are out
there.
To me, that is discrimination against those companies. Sure, we would
like them to pay the royalties. We think they should. We think they
should renegotiate, but I don't think you can go in and break the
contract that the government signed with these companies by pressuring
them with the threat of not being eligible for future leases.
Mr. Chairman, this is a bad amendment and we should reject it.
Mr. HINCHEY. Mr. Chairman, I just want to point out to my friend from
Idaho that the Congressional Research Service has told us that the
enactment of this amendment would not constitute a taking of existing
leaseholders' rights, and goes on to say that this amendment is
perfectly appropriate and should be adopted.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr.
George Miller).
Mr. GEORGE MILLER of California. I thank the gentleman for yielding.
What is it about the marketplace that the Republicans don't
understand? You signed a valid lease, although there is some argument
about it. But you have a valid lease and now you want to lease the
space next door. You leased a couple hundred thousand square feet, and
you leased a thousand square feet, and now you want to lease next door.
The economy has changed and now the land is available and so the
landlord says to you, I think we will do is, we will do a wraparound
lease. You want this?
[[Page H2831]]
This is done all the time. It is done all the time in the business
world. Various assets at various prices are combined, and the landlord
thinks about extracting what he can at that time when you come to
renegotiate. This happens all the time in the real estate field, all
the time in the minerals field.
All we are saying to the government is, these people have such a huge
advantage because of the failure of the cap, we don't think they ought
to get any additional leases. They can keep those leases without the
caps and not lease, or they can negotiate those caps with the
government to be like the rest of the oil companies and they can lease.
This is a business transaction. It just happens to be a business
transaction on behalf of the people of the United States of America who
own these lands.
What is it about the marketplace that you think at $70 a barrel you
need royalty relief? I think you are confusing this with the idea that
the oil companies are somehow royalty and we must bow down to them. At
$70 a barrel, the conservative chairman of my committee, the Resources
Committee, said nobody deserves royalty relief. The President of the
United States says at these prices nobody deserves royalty relief. And
here you are on the floor of the House of Representatives arguing for
people who get $70 a barrel.
I talked to the CEOs of these companies when this royalty relief came
up, and most of them thought it was balderdash. Most of them thought it
was about trying to rescue a couple of companies that made some real
bad decisions in the gulf shelf when oil was a bad price. Fine, we
agreed that under $34 a barrel you can have some royalty relief. Oil
today, my friends, maybe you haven't been out of the Chamber here, it
is $70 a barrel; and that is why we are asking the marketplace to work
on behalf of the taxpayers of the country who are paying $3.50 for
gasoline.
The gentleman's amendment should be unanimous in this House on behalf
of people who are buying gas and commuting to work and are paying that
price every day. Why do they now have to pay it through this tax break
through this royalty relief?
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 4 minutes to the
gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. Thank you, Mr. Chairman. I appreciate what the gentleman
from California was saying, but he was wrong. Just dead wrong.
These leases were signed by the government. They were legal leases.
They were valid leases. All we are saying is that the government ought
to keep its word. When they sign a contract, they ought to honor the
contract. The gentleman is absolutely wrong. Congress and the
government should keep their word when they sign a contract. That is
all we are saying.
Do we want them to pay royalty on this? Certainly we should, and I do
not know why in the world the Clinton/Gore administration, the Clinton/
Gore administration, let these leases go without any royalty. I do not
know why they did that, but the reality is that they were signed
contracts. And all we are suggesting is that you should not penalize
those companies that actually signed these contracts in good faith. You
should not penalize them for future leases. Why should we penalize
them? There is absolutely no reason why we should penalize them. We
should honor our word and our contracts, and then we should go forward.
We hope, we hope that they will renegotiate for leases, but this is
not giving a break to those companies. That is not what we are
intending. We hope they renegotiate. That is the reality.
Mr. HINCHEY. Mr. Chairman, the Bush administration has allowed these
leases to continue for 5 years, and they haven't renegotiated them. I
would just like to draw that to the attention of my friend from Idaho.
Mr. Chairman, I yield 1 minute to the gentleman from California (Mr.
George Miller).
Mr. GEORGE MILLER of California. You have a loan on your home. You
have a second mortgage on your home and you want a new line of credit.
It is a valid line of credit and it is a 4 percent loan. What does the
bank tell you? We want you to pay it off, and the new rate is 7 percent
or 6 percent.
People renegotiate these contracts all the time. You just refuse to
negotiate them on behalf of the taxpayers. You renegotiate them all of
the time on behalf of the oil companies. We do it all of the time.
This is what people do when they want to refinance their homes. The
banker says, here are the new rules. You can stick with your loan and
be happy as you are; but if you want another $50,000 out of your house,
here are the points you have to pay. People understand this.
Why don't you let the marketplace work for once and why don't we run
the government like a business, like so many of our constituents stand
up and tell us to do. We now have an opportunity. We now have an
opportunity, and you are refusing to take the opportunity on behalf of
the taxpayers.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the
gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. I am sorry the gentleman from California left the floor.
We do renegotiate all the time, but it is up to me to decide whether I
want to renegotiate or not.
What we are doing is imposing a penalty on these companies if they
choose not to renegotiate. And I really don't care what CRS says. I
don't think they are a bunch of attorneys down there. All I know is
that in Idaho, we believe that when you write a contract you abide by
the contract. We have written a contract. We ought to abide by it.
We are the Government of the United States. If you can't trust us to
abide by the contracts we sign, why should we trust anybody else to?
Mr. HINCHEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Moran).
____________________