[Congressional Record (Bound Edition), Volume 145 (1999), Part 11]
[House]
[Pages 15750-15755]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2000

  The SPEAKER pro tempore. Pursuant to House Resolution 243 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. 2466.

                              {time}  1936


                     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. 2466) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
2000, and for other purposes, with Mr. LaTourette in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the 
amendment offered by the gentleman from Oklahoma (Mr. Coburn) had been 
disposed of. The bill has been read through line 6 of page 21.


          Amendment Offered by Mr. George Miller of California

  Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment 
and I ask unanimous consent that it be considered at this time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  The Clerk read as follows:

       Amendment offered by Mr. George Miller of California:
       Insert before the short title the following new section:
       Sec. __. None of the funds appropriated or otherwise made 
     available by this Act may be used to directly construct 
     timber access roads in the National Forest System.

  Mr. GEORGE MILLER of California. Mr. Chairman, I am pleased to be 
joined by the gentleman from California (Mr. Horn) and the gentleman 
from Washington (Mr. Inslee) in offering this amendment. This is 
intended to be a friendly amendment, one that is consistent with the 
committee's recommendation in its report on page 91.
  After many years of debate and close votes on this floor, this 
amendment would put the House clearly on record to end the 
controversial practice of using taxpayer subsidies to construct roads 
for commercial timber sales on national forest land. It is a 
straightforward amendment.
  Mr. Chairman, the taxpayers have helped construct over 483,000 miles 
of authorized roads in our national forests. That is a road system that 
is eight times, eight times longer than the interstate highway system, 
enough to circle the globe 15 times. While the administration has been 
happy to request and Congress has been happy to provide funding for new 
road construction in the past years, we have not been very adept at 
providing funds for maintaining existing roads.
  As a result, the Forest Service estimates that there is a backlog of 
$8.4 million in capital improvements needed on forest roads for heavily 
used passenger vehicles. Less than 20 percent of the roads are being 
maintained to the safety and design standards.
  Under Secretary Jim Lyons and Forest Service Chief Mike Dombeck have 
testified repeatedly before Congress that it is fiscally and 
environmentally irresponsible to keep building new roads when they do 
not have the budget to address the annual maintenance needs or begin to 
address the backlog of maintenance on the existing road system. While I 
appreciate the committee has provided a $19 million increase in road 
maintenance, that is still much less than the $500 million annually 
needed that the agency estimates is necessary to catch up with the 
backlog of needs.
  Recognizing that they have a major problem on their hands, the Forest 
Service is in the midst of an 18-month moratorium on new road 
construction in roadless areas in most national forests. The purpose of 
this time-out is to develop a long-term road policy and identify 
nonessential roads and those roads that should be reconstructed and 
maintained for safe and environmentally sound practices.
  In my view, the remaining roadless areas in our national forests are 
vital reserves and must be maintained for clean water, fish and 
wildlife habitat, low-impact recreation, and wilderness values. I have 
joined with the gentleman from New York (Mr. Hinchey), the gentleman 
from Washington (Mr. Inslee), and the gentleman from California (Mr. 
Horn), along with 162 of our colleagues, in urging the administration 
to come up with long-term protections of these critical roadless areas.
  In closing, I wish to recognize the chairman, the gentleman from Ohio 
(Mr. Regula), and the ranking member, the gentleman from Washington 
(Mr. Dicks), for their work in the committee report to resolve what has 
been a contentious issue in past years. I also want to acknowledge the 
gentleman from Illinois (Mr. Porter) and our former colleague, Mr. Joe 
Kennedy, who were pioneers in this effort to reduce taxpayer subsidies 
to timber roads.
  Mr. Chairman, I urge the adoption of this amendment.
  Mr. DICKS. Mr. Chairman, I move to strike the last word and to engage 
the author of the amendment, the gentleman from California (Mr. George 
Miller), in a colloquy.
  I would like to ask the gentleman from California if he could help me 
clarify his amendment. Is it the gentleman's intention that his 
amendment apply only to appropriations for direct construction of 
timber access roads and not to any of the necessary planning, 
engineering, management, and support activities conducted by the 
agency?
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman 
yield?
  Mr. DICKS. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Chairman, I would say to the 
gentleman that he is correct.
  Mr. DICKS. Mr. Chairman, reclaiming my time, if the amendment is 
written to specifically target only appropriations for direct 
construction of timber access roads, I am pleased to support it. What I 
believe the gentleman is trying to accomplish is codification of the 
language already contained in the interior appropriations report on 
this matter.
  For clarification, this amendment addresses the issue of 
appropriations for direct construction of timber access roads and does 
not affect the other necessary planning, engineering, management, and 
support activities of the Federal land management agencies. It will 
also not reduce or prohibit any funding which enables the agency to 
comply with necessary environmental regulations such as the Endangered 
Species Act, the Clean Water Act, and the National Environmental Policy 
Act.
  Mr. GEORGE MILLER of California. Mr. Chairman, if the gentleman will 
continue to yield, I would say the gentleman is correct.
  Mr. DICKS. Mr. Chairman, I would like to submit for the Record 
information regarding the Urban Park and Recreation Fund.

[[Page 15751]]

  The following is according to the fiscal year 2000 budget 
justification submitted by the National Park Service in support of the 
Urban Park and Recreation Recovery Program:

                     Urban Park and Recreation Fund

       Funding provided in the past has also contributed to the 
     development of programs and projects such as the innovation 
     project established in Tacoma, Washington. The goals of this 
     innovative project were to provide at-risk youth alternatives 
     to gangs and drugs through participation in outdoor 
     recreation activities, and to develop life skills such as 
     self-esteem, leadership, decision-making, and cooperation. 
     The program was designed to operate as an extensive 
     partnership involving professionals from the disciplines of 
     parks and recreation, education, city government, social 
     services and criminal justice. It was designed to operate 
     year-around with expanded activity during the summer months 
     and over extended holiday periods. Youth participants were 
     involved through various avenues such as schools, home school 
     associations, youth service agencies and neighborhood 
     community centers. The program has provided various 
     activities such as backpacking in Olympic National Park; 
     white water rafting on the Thompson River in British 
     Columbia; cross-country skiing in Mount Rainier National 
     Park; winter camping, inner-tubing and snow shoeing in 
     various winter sports areas; water safety instruction; 
     fishing, canoeing, boating and swimming, mountain biking on 
     designated State and Federal lands; weekly environmental 
     education and outdoor skills workshops; leadership training 
     for advanced youth participants; and youth hosteling and 
     meeting travelers from around the world.
       The Tacoma program blossomed, leveraged other sources of 
     funding and continues today as a model partnership program 
     involving schools, government, criminal justice, social 
     service and park and recreation agencies. It has since 
     expanded to the adjacent community of Enumclaw, Washington. 
     New partnerships have been formed with agencies such as Faith 
     Group Homes and the Pierce County Juvenile Courts Probated 
     Youth Program. This Tacoma program has received national 
     recognition and was featured at a February 1995 invitational 
     colloquium at Fort Worth, Texas, titled ``Recreation for At-
     Risk Youth: Programs that Work,'' sponsored by the National 
     Park and Recreation Association.
  Mr. BOEHLERT. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, this amendment is a logical fulfillment of the 
agreement reached among Republicans last year to end the purchaser road 
credit. This amendment simply reiterates that no Federal funds have 
been appropriated to improve or construct timber access roads. Language 
with the identical substantive effect is already in the report 
accompanying the bill.
  Just to clarify, this amendment applies only to the use of 
appropriated funds for actual construction of roads. Funds may still be 
used for the engineering design associated with road construction and 
reconstruction projects as well as for environmental reviews and public 
involvement. And private funds may still be used for road construction 
and reconstruction in any area where roads may be built, just as the 
report states.
  This amendment is narrow, but it is a great step forward, concluding 
the work begun last year. Road costs must be borne by the companies 
that will benefit from their use. That is a win for the taxpayers and a 
win for the environment. I am pleased this amendment has drawn broad 
bipartisan support.
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman 
yield?
  Mr. BOEHLERT. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Chairman, I want to thank the 
gentleman for yielding, and I just wanted to say I was remiss in not 
mentioning his name when I was thanking those who had made this 
agreement possible so that the chairman and the ranking member could 
come to this agreement.
  As the gentleman knows, he has the battle scars of many contentious 
battles on this floor over forest policy and road policy, and I want to 
thank him for his efforts last year, along with the members of the 
committee that dealt with the first step in this process, and for his 
support for this amendment, and again to the chairman and to the 
ranking member for their efforts in the markups of this legislation 
before it came to the floor.
  Mr. REGULA. Mr. Chairman, will the gentleman yield?
  Mr. BOEHLERT. I yield to the gentleman from Ohio.
  Mr. REGULA. Mr. Chairman, we have no problem with this amendment. It 
simply codifies what we had directed be done last year in the bill, and 
so it is appropriate to accept this amendment and we support it.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. George Miller).
  The amendment was agreed to.


                  Amendment No. 12 Offered by Mr. Ney

  Mr. NEY. Mr. Chairman, I offer amendment No. 12, and I ask unanimous 
consent that it be considered at this time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Ney:
       Page 39, line 25, after the dollar amount, insert the 
     following: ``(reduced by $5,000,000)''.

  Mr. NEY. Mr. Chairman, let me just start by congratulating the 
chairman, the gentleman from Ohio (Mr. Regula), and the other members 
of the committee for a fine bill they have crafted. The purpose of this 
amendment will be to reduce the total amount for the departmental 
management in the Department of the Interior by $5 million.
  As Members of the House, we just recently and have consistently cut 
our own Members' representational accounts. We have cut our franking 
accounts so we can show the American people we are willing to make 
sacrifices to balance the Nation's budget. I think it is only fair we 
begin cutting out some of the bureaucracy in some of the agencies, and 
I intend to do amendments along the appropriations process that will 
help to accomplish this.

                              {time}  1945

  With the help of the Congressional Research Service, I was able to 
find that the Department of Interior roughly has in the account $126 
million in expense, of which travel is a part of it, for fiscal year 
1998.
  I think that there is significant and enough money in this account 
and it can sustain some type of cut that will again be part of the 
process to help to continue to balance our budget. I arrived at the $5 
million figure by taking roughly 4 percent of the fiscal year 1998 
report. Unfortunately, we do not have the 1999 numbers because they 
have not yet to be filed.
  So, as my colleagues can see, the reduction of the $5 million comes 
out of the departmental management section of the bill, which is funded 
actually at $62.9 million. The Department of the Interior uses funds 
from this account and others for their travel. Reduction by the $5 
million would fund the departmental management section at $57.9 
million.
  We as Members, Mr. Chairman, have sacrificed our MRAs, franking 
accounts, and rightfully so. We have even cut the Congressional 
Research Service. I feel that the bureaucracy can sustain this 
reduction.
  Mr. REGULA. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would advise the gentleman from Ohio (Mr. Ney) that 
we have cut this account $2 million already below the 1999 level and 
recognize that, in an effort to save money, this I think might be a 
little bit heavy. We need to assess it, and we could do that in the 
conference procedure.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I agree with the chairman. I mean, we have I think been 
very tight in terms of these increases. We have tried to hold them 
down. And we are talking about the management of the Department of the 
Interior, which is an agency that we demand a lot of. The Secretary of 
the Department of the Interior, his office, are under tremendous 
pressure on a whole series of fronts.
  I mentioned to the gentleman from Oklahoma (Mr. Coburn) earlier, just 
the work that is being done today with all the very important habitat 
conservation plans that require input from the Secretary, they have got 
all the

[[Page 15752]]

tribal account problems that we have been trying to get straightened 
out; and I just think that we are within our allocation. We have cut a 
lot of accounts here. This is one that I hope that we could spare. And 
I agree with the chairman that this is something we ought to continue 
to look at as we go into the conference.
  So I urge a ``no'' vote unless the gentleman wants to withdraw his 
amendment.
  Mr. NEY. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Ohio.
  Mr. NEY. Mr. Chairman, let me just say that I do want to congratulate 
both gentlemen. I think they have done a fine job of this bill and on 
the accounts. And I just wanted to just note, we have cut in Congress 
our accounts and we have squeezed a little bit more. So I just think 
that, in the areas of travel, all the agencies in the Federal 
government can squeeze just a little bit more out.
  But I want to mention, my colleagues have done a fine job on the 
existing accounts.
  Mr. DICKS. Mr. Chairman, reclaiming my time, let me just tell the 
gentleman that some of these things that we are talking about are 
uncontrollable. And these are pay raises that are, under the law, 
required. They have got Worker Compensation payments, unemployment 
compensation payments, rental payments to the GSA, some of which go up 
automatically.
  So I do not believe that there is anything untoward here or anything 
that is excess. It is just that the cost of administration of these 
agencies goes up some each year. I think that this is a reasonable 
request and, therefore, again I urge a ``no'' vote on this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Ney).
  The amendment was rejected.


                 Amendment Offered by Mr. Faleomavaega

  Mr. FALEOMAVAEGA. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Faleomavaega:
       At the end of title I, page 56, after line 2, insert the 
     following new section:
       Sec. __. (a) Loan To Be Granted.--Notwithstanding any other 
     provision of law or of this Act, the Secretary of the 
     Interior (hereinafter the ``Secretary''), in consultation 
     with the Secretary of the Treasury, shall make available to 
     the government of American Samoa (hereinafter ``ASG''), the 
     benefits of a loan in the amount of $18,600,000 bearing 
     interest at a rate equal to the United States Treasury cost 
     of borrowing for obligations of similar duration. Repayment 
     of the loan shall be secured and accomplished pursuant to 
     this section with funds, as they become due and payable to 
     ASG from the Escrow Account established under the terms and 
     conditions of the Tobacco Master Settlement Agreement (and 
     the subsequent Enforcing Consent Decree) (hereinafter 
     collectively referred to as ``the Agreement'') entered into 
     by the parties November 23, 1998, and judgment granted by the 
     High Court of American Samoa on January 5, 1999 (Civil Action 
     119-98, American Samoa Government v. Philip Morris Tobacco 
     Co., et. al.).
       (b) Conditions Regarding Loan Proceeds.--Except as provided 
     under subsection (e), no proceeds of the loan described in 
     this section shall become available until ASG--
       (1) has enacted legislation, or has taken such other or 
     additional official action as the Secretary may deem 
     satisfactory to secure and ensure repayment of the loan, 
     irrevocably transferring and assigning for payment to the 
     Department of the Interior (or to the Department of the 
     Treasury, upon agreement between the Secretaries of such 
     Departments) all amounts due and payable to ASG under the 
     terms and conditions of the Agreement for a period of 26 
     years with the first payment beginning in 2000, such 
     repayment to be further secured by a pledge of the full faith 
     and credit of ASG;
       (2) has entered into an agreement or memorandum of 
     understanding described in subsection (c) with the Secretary 
     identifying with specificity the manner in which 
     approximately $14,300,000 of the loan proceeds will be used 
     to pay debts of ASG incurred prior to April 15, 1999; and
       (3) has provided to the Secretary an initial plan of fiscal 
     and managerial reform as described in subsection (d) designed 
     to bring the ASG's annual operating expenses into balance 
     with projected revenues for the years 2003 and beyond, and 
     identifying the manner in which approximately $4,300,000 of 
     the loan proceeds will be utilized to facilitate 
     implementation of the plan.
       (c) Procedure and Priorities for Debt Payments.--
       (1) In structuring the agreement or memorandum of 
     understanding identified in subsection (b)(2), the ASG and 
     the Secretary shall include provisions, which create 
     priorities for the payment of creditors in the following 
     order--
       (A) debts incurred for services, supplies, facilities, 
     equipment and materials directly connected with the provision 
     of health, safety and welfare functions for the benefit of 
     the general population of American Samoa (including, but not 
     limited to, health care, fire and police protection, 
     educational programs grades K - 12, and utility services for 
     facilities belonging to or utilized by ASG and its agencies), 
     wherein the creditor agrees to compromise and settle the 
     existing debt for a payment not exceeding 75 percent of the 
     amount owed, shall be given the highest priority for payment 
     from the loan proceeds under this section;
       (B) debts not exceeding a total amount of $200,000 owed to 
     a single provider and incurred for any legitimate 
     governmental purpose for the benefit of the general 
     population of American Samoa, wherein the creditor agrees to 
     compromise and settle the existing debt for a payment not 
     exceeding 70 percent of the amount owed, shall be given the 
     second highest priority for payment from the loan proceeds 
     under this section;
       (C) debts exceeding a total amount of $200,000 owed to a 
     single provider and incurred for any legitimate governmental 
     purpose for the benefit of the general population of American 
     Samoa, wherein the creditor agrees to compromise and settle 
     the existing debt for a payment not exceeding 65 percent of 
     the amount owed, shall be given the third highest priority 
     for payment from the loan proceeds under this section;
       (D) other debts regardless of total amount owed or purpose 
     for which incurred, wherein the creditor agrees to compromise 
     and settle the existing debt for a payment not exceeding 60 
     percent of the amount owed, shall be given the fourth highest 
     priority for payment from the loan proceeds under this 
     section;
       (E) debts described in subparagraphs (A), (B), (C), and (D) 
     of this paragraph, wherein the creditor declines to 
     compromise and settle the debt for the percentage of the 
     amount owed as specified under the applicable subparagraph, 
     shall be given the lowest priority for payment from the loan 
     proceeds under this section.
       (2) The agreement described in subsection (b)(2) shall also 
     generally provide a framework whereby the Governor of 
     American Samoa shall, from time to time, be required to give 
     10 business days notice to the Secretary that ASG will make 
     payment in accordance with this section to specified 
     creditors and the amount which will be paid to each of such 
     creditors. Upon issuance of payments in accordance with the 
     notice, the Governor shall immediately confirm such payments 
     to the Secretary, and the Secretary shall within three 
     business days following receipt of such confirmation transfer 
     from the loan proceeds an amount sufficient to reimburse ASG 
     for the payments made to creditors.
       (3) The agreement may contain such other provisions as are 
     mutually agreeable, and which are calculated to simplify and 
     expedite the payment of existing debt under this section and 
     ensure the greatest level of compromise and settlement with 
     creditors in order to maximize the retirement of ASG debt.
       (d) Fiscal and Managerial Reform Program.--
       (1) The initial plan of fiscal and managerial reform, 
     designed to bring ASG's annual operating expenses into 
     balance with projected revenues for the years 2003 and beyond 
     as required under subsection (b)(3), should identify specific 
     measures which will be implemented by ASG to accomplish such 
     goal, the anticipated reduction in government operating 
     expense which will be achieved by each measure, and should 
     include a timetable for attainment of each reform measure 
     identified therein.
       (2) The initial plan should also identify with specificity 
     the manner in which approximately $4,300,000 of the loan 
     proceeds will be utilized to assist in meeting the reform 
     plan's targets within the timetable specified through the use 
     of incentives for early retirement, severance pay packages, 
     outsourcing services, or any other expenditures for program 
     elements reasonably calculated to result in reduced future 
     operating expenses for ASG on a long term basis.
       (3) Upon receipt of the initial plan, the Secretary shall 
     consult with the Governor of American Samoa, and shall make 
     any recommendations deemed reasonable and prudent to ensure 
     the goals of reform are achieved. The reform plan shall 
     contain objective criteria that can be documented by a 
     competent third party, mutually agreeable to the Governor and 
     the Secretary. The plan shall include specific targets for 
     reducing the amounts of ASG local revenues expended on 
     government payroll and overhead (including contracts for 
     consulting services), and may include provisions which allow 
     modest increases in support of the LBJ Hospital Authority 
     reasonably calculated to assist the Authority implement 
     reforms which will lead to an independent audit indicating 
     annual expenditures at or below annual Authority receipts.

[[Page 15753]]

       (4) The Secretary shall enter into an agreement with the 
     Governor similar to that specified in subsection (c)(2) of 
     this section, enabling ASG to make payments as contemplated 
     in the reform plan and then to receive reimbursement from the 
     Secretary out of the portion of loan proceeds allocated for 
     the implementation of fiscal reforms.
       (5) Within 60 days following receipt of the initial plan, 
     the Secretary shall approve an interim final plan reasonably 
     calculated to make substantial progress toward overall 
     reform. The Secretary shall provide copies of the plan, and 
     any subsequent modifications, to the House Committee on 
     Resources, the House Committee on Appropriations Subcommittee 
     on the Department of the Interior and Related Agencies, the 
     Senate Committee on Energy and Natural Resources, and the 
     Senate Committee on Appropriations Subcommittee on the 
     Department of the Interior and Related Agencies.
       (6) From time to time as deemed necessary, the Secretary 
     shall consult further with the Governor of American Samoa, 
     and shall approve such mutually agreeable modifications to 
     the interim final plan as circumstances warrant in order to 
     achieve the overall goals of ASG fiscal and managerial 
     reforms.
       (e) Release of Loan Proceeds.--From the total proceeds of 
     the loan described in this section, the Secretary shall make 
     available--
       (1) upon compliance by ASG with paragraphs (b)(1) and 
     (b)(2) of this section and in accordance with subsection (c), 
     approximately $14,300,000 in reimbursements as requested from 
     time to time by the Governor for payments to creditors;
       (2) upon compliance by ASG with paragraphs (b)(1) and 
     (b)(3) of this section and in accordance with subsection (d), 
     approximately $4,300,000 in reimbursements as requested from 
     time to time by the Governor for payments associated with 
     implementation of the interim final reform plan; and
       (3) notwithstanding paragraphs (1) and (2) of this 
     subsection, at any time the Secretary and the Governor 
     mutually determine that the amount necessary to fund payments 
     under paragraph (2) will total less than $4,300,000 then the 
     Secretary may approve the amount of any unused portion of 
     such sum for additional payments against ASG debt under 
     paragraph (1).
       (f) Exception.-- Proceeds from the loan under this section 
     shall be used solely for the purposes of debt payments and 
     reform plan implementation as specified herein, except that 
     the Secretary may provide an amount equal to not more than 2 
     percent of the total loan proceeds for the purpose of 
     retaining the services of an individual or business entity to 
     provide direct assistance and management expertise in 
     carrying out the purposes of this section. Such individual or 
     business entity shall be mutually agreeable to the Governor 
     and the Secretary, may not be a current or former employee 
     of, or contractor for, and may not be a creditor of ASG. 
     Notwithstanding the preceding 2 sentences, the Governor and 
     the Secretary may agree to also retain the services of any 
     semi-autonomous agency of ASG which has established a record 
     of sound management and fiscal responsibility, as evidenced 
     by audited financial reports for at least 3 of the past 5 
     years, to coordinate with and assist any individual or entity 
     retained under this subsection.
       (g) Construction.--The provisions of this section are 
     expressly applicable only to the utilization of proceeds from 
     the loan described in this section, and nothing herein shall 
     be construed to relieve ASG from any lawful debt or 
     obligation except to the extent a creditor shall voluntarily 
     enter into an arms length agreement to compromise and settle 
     outstanding amounts under subsection (c).
       (h) Termination.--The payment of debt and the payments 
     associated with implementation of the interim final reform 
     plan shall be completed not later than October 1, 2003. On 
     such date, any unused loan proceeds totaling $1,000,000 or 
     less shall be transferred by the Secretary directly to ASG. 
     If the amount of unused loan proceeds exceeds $1,000,000, 
     then such amount shall be credited to the total of loan 
     repayments specified in paragraph (b)(1). With approval of 
     the Secretary, ASG may designate additional payments from 
     time to time from funds available from any source, without 
     regard to the original purpose of such funds.

  Mr. FALEOMAVAEGA (during the reading). Mr. Chairman, I ask unanimous 
consent that my amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
American Samoa?
  There was no objection.
  Mr. FALEOMAVAEGA. Mr. Chairman, it would have been totally impossible 
for me if it had not been for the support and certainly the patience of 
the gentleman from Ohio (Mr. Regula), the chairman of the Subcommittee 
on Appropriations on the Interior, and also the gentleman from 
Washington (Mr. Dicks), the ranking Democrat, for their support and 
assistance in getting this amendment worked out.
  Mr. Chairman, my amendment would authorize a procedure by which the 
American Samoan government can irrevocably assign for 26 years the 
rights to its proceeds under the 46-State tobacco lawsuit settlement; 
and, in return, American Samoa will receive $18.6 million from the 
United States government for a period of 3 years. The United States 
will receive back about $40 million in principal and interest and an 
additional amount required by CBO to score the provision as budget 
neutral.
  Mr. Chairman, the money would be used to reduce the critical existing 
debt of the local government and to implement certain fiscal reforms. 
For this arrangement to become effective, local government would have 
to enter into an agreement with the Secretary of the Interior for the 
use of the funds; and each payment would have to be approved in advance 
by the Secretary of the Interior.
  Mr. Chairman, the money for the financial reform of the American 
Samoan government would be used to reduce the size of the territorial 
workforce. Options could be used such as buyouts, early retirements and 
would be included in the agreement instituted between the Secretary of 
the Interior and the local government.
  Mr. Chairman, this amendment has the endorsement of both the chairman 
of the Committee on Resources, the gentleman from Alaska (Mr. Young), 
as well as the ranking Democrat, the gentleman from California (Mr. 
Miller), supported this amendment.
  I urge my colleagues to support it.
  Mr. Chairman, I include the following letter for the Record:


                                     House of Representatives,

                                     Washington, DC, July 1, 1999.
     Hon. Norm Dicks,
     Ranking Member, Subcommittee on Interior and Related 
         Agencies, House Committee on Appropriations, Washington, 
         DC.
       Dear Congressman Dicks: We have been contacted by our 
     Colleague, Mr. Faleomavaega, seeking clearance of the House 
     Committee on Resources for a proposal he is seeking to have 
     incorporated into the pending FY2000 Interior Appropriations 
     legislation. His proposal would have the Secretary of 
     Interior arrange for an ``advance'' to the government of 
     American Samoa (ASG) in the form of a fully repayable loan, 
     secured by ASG's future payments from the 46-state tobacco 
     lawsuit settlement. The purpose of this advance would be 
     limited to payment of existing ASG debt, with a small portion 
     available to fund implementation of badly-needed ASG fiscal 
     and managerial reforms, and would be overseen by the 
     Secretary.
       It is our further understanding that the Congressional 
     Budget Office has determined the budget impact score of the 
     proposal to be ``neutral'' since ASG would be required to 
     fully repay the $18.6 million principal, with interest, over 
     a period of 26 years.
       This letter is to inform you and the Members of your 
     subcommittee that, on behalf of the House Committee on 
     Resources, we have not reservations or objections to 
     inclusion of the provision as currently drafted into the 
     pending Interior Appropriations measure. Properly 
     implemented, we believe this self-help project will greatly 
     benefit both the people and the government of American Samoa 
     in resolving a crucial fiscal dilemma and building a 
     foundation for future progress and greater self-sufficiency. 
     We encourage adoption of the proposal.
           Sincerely,
     Don Young,
       Chairman, House Committee on Resources.
     George Miller,
       Senior Democratic Member, House Committee on Resources.

  Mr. REGULA. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, this is an 11-page piece of legislation. I think 
normally it should be handled by the authorizing committees. We do not 
have any objection to the substance of the amendment and are not going 
to oppose it. But I do think that it ought to be considered as part of 
the authorizing process. However, we will not object.
  Mr. DICKS. Mr. Chairman, will the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Washington.
  Mr. DICKS. Mr. Chairman, I want to compliment the gentleman for his 
outstanding work and his ingenuity. I have no objection to the 
amendment. In fact, we enthusiastically support it on this side.

[[Page 15754]]

  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from American Samoa (Mr. Faleomavaega).
  The amendment was agreed to.


                    Amendment Offered by Mr. Crowley

  Mr. CROWLEY. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Crowley:
       Page 101, line 23, insert after ``individuals'' the 
     following: ``, including urban minorities,''.

  Mr. CROWLEY. Mr. Chairman, I ask unanimous consent that my amendment 
be considered out of order.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.
  Mr. CROWLEY. Mr. Chairman, I rise today as a strong supporter of the 
National Endowment for the Arts and as a strong believer in the 
positive effect that the arts have on our urban communities.
  The National Endowment for the Arts has continued its laudable 
mission to bring the arts to segments of the population that would 
otherwise have a hard time accessing them. Through local theater troop 
performances and through shows at small museums, hundreds of 
communities have received exposure to the arts because of the NEA.
  In order to ensure that all Americans have equal access to the arts, 
the NEA strives to give priority ``to providing services or awarding 
financial assistance for projects, productions, workshops, or programs 
that serve underserved populations.''
  The purpose behind my amendment is to help the NEA achieve its 
commendable goal of leaving no American untouched by the arts. To that 
end, I am proposing that this bill makes specific mention of one 
traditionally underserved population, urban minorities. I believe 
Congress should encourage the NEA to fund programs that improve the 
availability of the arts to minority populations in our cities.
  Quite often, NEA funding has been directed to groups which serve an 
upper middle class audience. Many times these groups are inaccessible 
to many minority groups.
  Mr. Chairman, in my own Congressional District of Queens, there is a 
large Latino population that the Queens Theatre in the Park targets 
each summer with its Latin Arts Festival, a multi-cultural ethnic 
celebration. This festival, though certainly successful in its own 
right, would greatly benefit from additional Federal funding.
  The Queens Theater in the Park has consistently applied for Federal 
support from the NEA but has been denied funding despite the fact that 
they target an underserved community. For many families in my district, 
the average $75 cost to a Broadway play is far too expensive. Queens 
Theater in the Park and other local community arts groups are the only 
exposure many of my residents have to the arts.
  That is but one example of the difficulty facing minority populations 
in accessing the arts in Queens, New York, and the Bronx and around 
this country. Projects targeted at urban youth would greatly help keep 
them off the streets and away from crime and drugs.
  In the President's own NEA budget, he outlined a key initiative to 
use the arts as a way to help at-risk youths.
  Mr. Chairman, in New York and in communities throughout our American 
cities there are tens of thousands of at-risk youths who will benefit 
from exposure to the arts. This amendment would help send a message to 
our urban youth that we are interested in improving their quality of 
life by helping to bring the arts to them.
  The arts help break down the barriers caused by economic and cultural 
diversity that bring communities together and they offer hope.
  I am not suggesting that we take funding away from any other program. 
I am only suggesting that we give projects affecting underserved 
minority communities, whether they be in our cities or our rural areas, 
equal access to important NEA funding.
  Once again, let me state that this amendment will not expand the 
scope of the original language. It will merely perfect that language by 
emphasizing that urban minorities are included within the term 
``underserved population.''
  I urge my colleagues to stand up for equal access to the arts and 
support the Crowley amendment.
  Mr. DICKS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to commend the gentleman for his amendment. I 
think it is very thoughtful.
  I must tell him that I had the pleasure of taking one of the previous 
NEA directors, Jane Alexander, to Seattle; and we visited a very 
important program there at Garfield High School that was serving 
underserved minorities within the city of Seattle. Also, we had a very 
successful program in Tacoma with Dale Chihuly, who is one of the great 
glass artists of our time. He set up a program on the Hill Top in 
Tacoma, which is one of our urban areas in the city of Tacoma, and got 
these literally dozens of young children learning how to make glass 
pottery and other things; and it had a remarkable effect on their 
lives.
  I think the gentleman brings a very serious point here, and I 
certainly am willing to accept his amendment and urge the House to 
accept it.
  Mr. CROWLEY. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from New York.
  Mr. CROWLEY. Mr. Chairman, I want to thank the gentleman from 
Washington (Mr. Dicks) and the gentleman from Ohio (Mr. Regula) and the 
gentleman from Wisconsin (Mr. Obey) for their support in bringing this 
amendment to the floor today.
  Mr. REGULA. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Ohio.
  Mr. REGULA. Mr. Chairman, I think it is a good amendment. We made a 
real effort in the arts to broaden the base, and this is just one more 
step in making that happen.
  I think when Mr. Yates was here we had some groups come in from 
situations that the gentleman described and performed, and it made us 
realize how important access to the arts were in their lives.
  Mr. DICKS. Mr. Chairman, I urge a positive vote.
  Mrs. MALONEY of New York. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, I rise in support of the Crowley amendment. It is 
thoughtful. It will benefit arts in urban areas.
  I also rise in support of the entire bill. I applaud the leadership 
of the chairman and the ranking member. I was concerned of how the 
committee would operate after my dear friend and colleague, Mr. Yates, 
left. But I see the gentleman from Washington (Mr. Dicks) is continuing 
with the chairman in a very firm and strong way.
  I particularly applaud the committee for wisely rejecting efforts to 
load this bill up with controversial anti-environmental riders. 
Unfortunately, the version of this bill passed by the Committee on 
Appropriations in the other House contains numerous riders that would 
never pass on their own and have absolutely no place in this 
legislation.

                              {time}  2000

  One of these riders, in particular, robs the American taxpayer of 
over $66 million per year. This rider would permit big oil companies to 
continue to underpay the royalties they owe to the Federal Government, 
States and Indian tribes--cheating taxpayers of millions and millions 
of dollars.
  It would do this by blocking the Interior Department from 
implementing a new rule which would require big oil companies to pay 
royalties to the government based on the market value of the oil they 
produce. Currently, the oil companies are keeping two sets of books, 
one which they pay themselves, market value, and one which they pay the 
taxpayers, the Federal Government, which is greatly undervalued to the 
true value of the oil.
  Earlier this year, I released a report demonstrating how these 
companies have cheated the American taxpayer of literally billions of 
dollars in the past several decades. They do this by complex trading 
devices which mask the

[[Page 15755]]

real value of the oil they produce. By undervaluing their own oil, 
these companies can avoid paying the full royalty payments they owe.
  The Justice Department investigated these practices and decided they 
were so wrong that it filed suit against several major oil companies 
for violating the False Claims Act. As a result, one company settled 
with the government and paid over $45 million. Numerous other companies 
have settled similar claims brought by States and private royalty 
owners for millions, and, in one case, billions of dollars.
  Mr. Chairman, the rule that the Interior Department is proposing is 
simple. It requires that oil companies pay royalties based on the fair 
market value of the oil they produce, just like everybody else when 
they sell their product to the Federal Government. But these oil 
companies that have been cheating the American taxpayer for years are 
now trying to block the Interior Department from implementing a rule 
using every excuse imaginable.
  Mr. Chairman, this rider robs money from our schools, our 
environment, our States and our Indian tribes. It does this to benefit 
the most narrow special interest imaginable, big oil companies with 
billions of dollars in profits. I applaud the Committee on 
Appropriations for leaving this issue to the experts at the Interior 
Department and for not loading it up with other unnecessary and wrong 
antienvironmental riders.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New York (Mr. Crowley).
  The amendment was agreed to.
  Mr. REGULA. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Hayes) having assumed the chair, Mr. LaTourette, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 2466) 
making appropriations for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2000, and for other 
purposes, had come to no resolution thereon.

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