[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[House]
[Pages 18583-18594]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2004

  The SPEAKER pro tempore. Pursuant to House Resolution 319 and rule 
XVIII, the Chair declares the House in

[[Page 18584]]

the Committee of the Whole House on the State of the Union for the 
further consideration of the bill, H.R. 2691.

                              {time}  1239


                     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. 2691) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
2004, 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, a 
request for a recorded vote on amendment No. 14 by the gentleman from 
Oregon (Mr. Blumenauer) had been postponed.
  Pursuant to the order of the House of today, no further amendment to 
the bill may be offered except pro forma amendments offered by the 
chairman or ranking minority member of the Committee on Appropriations 
or their designees for the purpose of debate and the amendments printed 
in the Congressional Record and numbered 6, 15 and 16, each of which 
will be debatable for 10 minutes
  The amendments printed in the Congressional Record numbered 4 and 12, 
each of which shall be debatable for 20 minutes;
  The amendment printed in the Congressional Record and numbered 1, 
which shall be debatable for 30 minutes to be allocated as follows: 10 
minutes to the proponent, 15 minutes to the chairman of the Committee 
on Appropriations, and 5 minutes to the ranking minority member;
  A substitute amendment by the gentleman from Utah (Mr. Matheson) to 
the amendment numbered 1, which shall be debatable for 20 minutes;
  An amendment by the gentleman from North Carolina (Mr. Taylor) to the 
amendment numbered 1, which shall be debatable for 10 minutes;
  The amendments printed in the Congressional Record numbered 2 and 9, 
each of which will be debatable for 50 minutes to be allocated as 
follows: 15 minutes to the proponent, 25 minutes to the chairman of the 
Committee on Appropriations, and 10 minutes to the ranking minority 
member;
  An amendment by the gentleman from California (Mr. Gallegly) 
regarding bear feeding, which shall be debatable for 10 minutes;
  An amendment by the gentleman from Washington (Mr. Inslee) regarding 
Forest Service regulations on roadless areas, which shall be debatable 
for 50 minutes; and
  An amendment by the gentleman from Arizona (Mr. Shadegg) regarding 
Forest Service land acquisition, which shall be debatable for 10 
minutes.
  Each amendment may be offered only by the Member designated in the 
request, or a designee, or the Member who caused it to be printed, or a 
designee, shall be considered as read, shall not be subject to 
amendment, except as specified, and shall not be subject to a demand 
for a division of the question.
  Each amendment shall be debatable for the time specified, and time on 
each amendment shall be equally divided and controlled by the proponent 
and an opponent, except as specified.
  All points of order against each amendment shall be consider as 
reserved pending completion of debate, and each amendment may be 
withdrawn by its proponent after debate.


                    Amendment Offered by Mr. Shadegg

  Mr. SHADEGG. 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. Shadegg:
       Add at the end (before the short title) the following new 
     section:
       Sec. __. The amounts otherwise provided by this Act are 
     revised by reducing the amount made available in title II for 
     ``Department of Agriculture-land acquisition'', and 
     increasing the amount made available for ``Department of 
     Agriculture-wildland fire management'', which increase shall 
     be available for hazardous fuels reduction activities, by 
     $19,000,000.

  The CHAIRMAN. Pursuant to the order of the House of earlier today, 
the gentleman from Arizona (Mr. Shadegg) is recognized for 5 minutes in 
support of his amendment, and an opponent will be recognized for 5 
minutes as well.
  The Chair recognizes the gentleman from Arizona (Mr. Shadegg).
  Mr. SHADEGG. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I want to begin by commending the gentleman from North 
Carolina (Mr. Taylor), the chairman of the Interior Committee on 
Appropriations, for his superb work in increasing funding for Forest 
Service wildland fire management by $82 million more than the budget 
request and for his advocacy for the use of those funds for hazardous 
fuels reduction. I also want to commend him for reducing at this point 
in time funding for Forest Service land acquisition. He has done an 
excellent job, and I commend him for the product he has produced.
  I want to carry that one step further, and I want to carry it one 
step further because we face a crisis in this Nation. America's forests 
are burning to the ground, and they are burning to the ground because 
they are occupied by excessive vegetation. They are, according to every 
knowledgeable expert in the country, grossly overgrown, too dense; and 
that is leading to a condition not only of wildfires but of disease 
that is destroying those forests.
  In my State of Arizona, we are losing 800,000 acres of land to 
disease because of this overgrown condition.
  My amendment is simple and straightforward. It takes $19 million from 
the Department of Agriculture Lands Acquisition Fund, and it transfers 
that $19 million to the Department of Agriculture Wildland Fire 
Management Fund, and it makes that money available for hazardous fuels 
reduction activities, that $19 million dollar.
  Mr. Chairman, we are in dire straits. A report by the GAO in 1999 
predicted that we have 39 million acres at high risk. Last year alone, 
6.9 million acres of those forests burned to the ground at a 
firefighting cost of $1.6 billion. The experts tell us that the 10-year 
average of forests burned to the ground is 4.2 million acres per year.
  Dr. Wally Covington of Northern Arizona University has predicted that 
if we do not do something to treat these forests, an additional 5 to 10 
million acres will burn every single year. This condition cannot 
continue.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I rise to claim the time 
in opposition.
  The CHAIRMAN. The gentleman from North Carolina (Mr. Taylor) is 
recognized for 5 minutes.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  I reluctantly rise to oppose the gentleman's amendment. I know he has 
been a leader in trying to provide funds in this project, and I would 
say that he has been successful in many ways.
  The decision was made to make sure sufficient funds were made 
available for forest health and backlog maintenance. At the same time, 
limited land acquisition funds are available for the most critical 
inholdings and to manage the projects that are currently underway.

                              {time}  1245

  We provided $20 million above the President's request, and we hope to 
continue to work in this basic area of forest health and backlog 
maintenance.
  So I must oppose the gentleman's amendment.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Washington (Mr. Dicks).
  Mr. DICKS. Mr. Chairman, let me say, first of all, that I have great 
respect for the gentleman who offered this amendment. I know he is 
dedicated on the issue of firefighting.
  As the chairman mentioned, however, we have added a significant 
amount of money and there will be a supplemental on the floor next week 
of $289 million for fire as well. And I just think that we have taken 
this land acquisition part of the Forest Service budget down from $132 
million to about $29 million, and this would be another $19 million. 
You could not even run a program out of this. And if they need the 
money, they probably could borrow it anyway.

[[Page 18585]]

  So I would argue that this is not an appropriate offset. I would urge 
the gentleman to consider adding this to the supplemental. If he wants 
to add additional money to the supplemental to reimburse the government 
for the money it borrowed from a lot of these accounts, the 
supplemental is coming up next week. This should be emergency. If the 
gentleman was offering it as an emergency measure, not taking an offset 
out of land acquisition, I could support it; but I cannot support the 
amendment as it is currently drafted.
  Mr. Chairman, I hope these suggestions are beneficial.
  Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume.
  I appreciate the supportive remarks of my colleagues on the opposite 
side of this issue. I simply believe this is critical. The issue I 
raised a year ago was additional funds for firefighting. The issue I am 
raising, however, this year has to do with hazardous fuels reduction. I 
believe that this committee has done a superb job in fighting to get 
the funds to fight fires, but we must reduce the fuel load in our 
forests.
  In Arizona alone, the Rodeo Chedeski fire last year consumed 469,000 
acres. This year's Aspen fire has already consumed 80,000 acres. In my 
State alone, this year, we have lost 140,000 acres. And in the Nation 
we have lost 1 million acres. I am not fighting for funds to fight 
fires. I agree with the gentleman and will support efforts for funding 
to fight fires. I am talking about fuels reduction.
  We have millions of acres, tens of millions of acres of overgrown 
forests in this country due to mistaken policies of the past. We need 
to thin those forests, to treat those forests. The Governor of Arizona 
has asked for emergency funding to treat the forests in Arizona. She 
says the urgent need is $116 million. The need to treat all of the 
forests in just my State of Arizona is $700 million. There are 32 large 
fires burning in the West as we speak. Seven of those fires are burning 
in the State of Arizona, and over 20,000 acres in my State are burning 
as we debate this issue right now.
  The issue is not fighting fires. I already referred to the $1.6 
billion we spent last year to fight fires. We do not have enough money 
to fight all these fires. We must treat these forests so that we do not 
have the fires to fight. And the only way we can treat these forests is 
to move dollars into the fund that allows the treatment of forests, and 
that is the fund I have sought to move them into. We must have 
hazardous fuels reduction. This is a mere $19 million, but it will help 
in the effort.
  And with those who are concerned about land acquisition, I want to 
make it very clear that we have left a substantial amount of money, 
millions of dollars, in the land acquisition fund, because I understand 
there are important land acquisitions and inholdings, as the chairman 
talked about. I intentionally did not gut that fund or leave it empty. 
We did, however, say that we must recognize the catastrophe that our 
Nation faces. If we do not reduce the fuel load in these forests, if we 
do not make it so these fires do not burn so intensely, and if we do 
not treat them, and there is a debate over whether we should treat just 
the wildland urban interface or the inner part of the forest itself, 
that debate is beyond the issue of my amendment, my amendment says we 
have a crying need across America.
  I would suggests that the statistics tell us that with 39 million 
acres at high-risk, and burning 6.9 million acres per year, as we did 
last year, in 5 years there will be no forests left to debate. Those 39 
million acres will be gone. It seems to me that this is a modest effort 
to look at the critical need of treating hazardous fuels reduction in 
our forests. I urge my colleagues to support this amendment.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIRMAN. All time for debate has expired. The question is on the 
amendment offered by the gentleman from Arizona (Mr. Shadegg).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. SHADEGG. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Arizona (Mr. Shadegg) 
will be postponed.


                   Amendment Offered by Mr. Gallegly

  Mr. GALLEGLY. 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. Gallegly:
       At the end of the bill (before the short title), insert the 
     following new section:
       Sec. 3__. None of the funds made available by this Act may 
     be used by the Forest Service or the Bureau of Land 
     Management to administer any action related to the baiting of 
     bears except to prevent or prohibit such activity.

  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from California (Mr. Gallegly) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from California (Mr. Gallegly).
  Mr. GALLEGLY. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I rise today to offer an amendment to the interior 
appropriations bill. My amendment prohibits the Bureau of Land 
Management and the Forest Service from using funding for the purposes 
of allowing bear baiting on Federal lands.
  I think it is important to mention that my amendment does not 
increase funding in this appropriations bill. Baiting is an unpopular 
and increasingly discredited method of bear hunting. States that have 
banned bear baiting have not experienced any wildlife management 
problems stemming from the prohibitions. Actually, bear hunting 
participation has increased after States adopted baiting bans.
  Baiting is a practice unpopular with Americans, including hunters, 
largely because it runs against the norm of fairness and sportsmanship 
and against the widely recognized wildlife management principle that it 
is dangerous to make human foods available to bears. Most people 
believe it is unfair, unsportsmanlike to lure a bear with food and then 
shoot the animal while he or she is gorging on food.
  The four major land management agencies have endorsed the ``Leave No 
Trace'' public awareness campaign which warns that people should never 
feed wild animals. The campaign materials say feeding wildlife damages 
their health, alters natural behaviors, and exposes them to predators 
and other dangers. In this same publication, Federal agencies address 
waste disposal in the woods, saying: ``Pack out all trash and garbage, 
including leftover food.'' Specifically, the National Park Service and 
Fish and Wildlife Service ban baiting, and my amendment would ensure 
the same no-feeding standards apply to other Federal lands by 
precluding the use of funds to encourage the practice of baiting.
  Allowing bear baiting is inconsistent with these declarations. It 
just makes no sense to think that providing food to bears is wrong 
except if feeding is associated with hunting. If it is wrong to set out 
food to lure bears for picture-taking or just to watch the bears, 
surely it is also wrong to lure bears with jelly donuts and rotting 
animal carcasses for the purpose of shooting them.
  I ask my colleagues to support this amendment.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
Virginia (Mr. Moran), and I ask unanimous consent that he be allowed to 
control that time.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. MORAN of Virginia. Mr. Chairman, I reserve the balance of my 
time.
  Mr. POMEROY. Mr. Chairman, I claim the time in opposition, and I 
yield 1 minute to the gentleman from North Carolina (Mr. Taylor), the 
chairman of the subcommittee.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I oppose the amendment.

[[Page 18586]]

The question is a question of States' rights and management of wildlife 
populations. The States have broad responsibility and authority over 
resident fish and wildlife, including fish and wildlife found on 
Federal lands within a State. Congress has reaffirmed this authority 
through numerous acts.
  States must be allowed to effectively manage resident wildlife 
populations. This is an authorizing issue and a States' rights issue 
and this provision does not belong in an interior appropriations bill. 
So I must urge defeat of this amendment.
  Mr. POMEROY. Mr. Chairman, I yield 1 minute to the gentleman from 
West Virginia (Mr. Rahall), the ranking member on the Committee on 
Resources.
  Mr. RAHALL. Mr. Chairman, I thank the distinguished chairman of the 
Committee on Resources for yielding me this time.
  The gentleman from New Jersey (Mr. Holt) and I plan to offer an 
amendment soon dealing with an issue involving Yellowstone National 
Park. This morning, two Members who are in the majority are quoted as 
complaining in a newspaper report that we are being unfair because this 
matter should be debated in the Committee on Resources rather than as a 
rider to an appropriations bill.
  I would note that we in the minority are forced to use this tactic. 
We are in the minority. The majority will not give our issue the time 
of day in the Committee on Resources. The Members making this 
allegation should know better. They are in the majority. They know that 
the Committee on Resources will not hear or consider our issues.
  The situation is different with this particular amendment from the 
gentleman from California. He had every opportunity for the Committee 
on Resources to consider this matter. In fact, the bill was scheduled 
for committee consideration this past Tuesday. The chairman of the 
committee, the gentleman from California (Mr. Pombo), scheduled his 
bill; yet he came to the committee and had it withdrawn.
  So I am going to vote against this amendment, and I am voting against 
it on the process that is being used. Perhaps then those two Members 
who took issue with my amendment and the amendment of the gentleman 
from New Jersey and the tactics that were used will recognize there is 
a difference. So we are being forced to offer amendments to an 
appropriations bill because we are not in the majority.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 30 seconds to the 
gentleman from California (Mr. Gallegly) to respond to the last 
speaker's comments for the record here.
  Mr. GALLEGLY. Mr. Chairman, in response to the comments of the 
gentleman from West Virginia (Mr. Rahall) about the bill being 
withdrawn on Tuesday, basically we had 1-day notice, and there were 
several Members that wanted to be there and could not.
  In fact, the chairman had, at the beginning of the markup, 
acknowledged that he was withdrawing several bills that day because 
Members were not present to vote for the bills. That one was not on his 
list of bills to be withdrawn that day.
  And so I ask that that be added to for the record.
  Mr. MORAN of Virginia. Mr. Chairman, I reserve the balance of my 
time.
  Mr. POMEROY. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey (Mr. Saxton).
  Mr. SAXTON. Mr. Chairman, let me just say that I rise in strong 
opposition to this amendment. It has traditionally been the right of 
the States to determine what hunting methods can and should be used for 
wildlife management purposes.
  New Jersey is in a unique position, being the most densely populated 
State in the country and having a very fast-growing bear population at 
the same time. Our State is in dire need of this management tool. As a 
matter of fact, the Wall Street Journal reported this week, and I 
quote: ``The New Jersey Fish and Game Council voted to allow the 
State's first black bear hunt in 33 years. Officials will hand out 
10,000 bear permits in hopes of making a dent in the bear population 
that has been ransacking garbage cans, breaking into houses, killing 
livestock and mauling residents.''
  This is a very, very serious issue, Mr. Chairman. And for the rights 
of the residents of New Jersey and the nine States that currently allow 
bear baiting, this amendment goes too far in the wrong direction.
  Mr. POMEROY. Mr. Chairman, I yield 1 minute to the gentleman from 
Wisconsin (Mr. Kind).
  Mr. KIND. Mr. Chairman, I rise in strong opposition to this 
amendment. First of all, I do not believe the amendment has any 
practical effect. There are no funds currently expended by the Forest 
Service or Bureau of Land Management in regards to the bear baiting 
that is going on, but there is a larger issue at stake.
  This amendment would overturn over 200 years of Federal precedents of 
deferring to State agencies, State wildlife experts, and the people of 
the States in the management of their own wildlife herds. Nine States 
choose to allow bear baiting because it is the most effective and 
humane manner of managing bear populations where it is very difficult 
to go in and hunt them anyway.
  We have had cases in northern Wisconsin where bears are walking into 
towns, walking into public school yards because their population is 
exploding. If you take this management tool away from States like 
Wisconsin, like Michigan, like Minnesota, we fear there is going to be 
an explosion of the bear population and an unnecessary risk to 
children's lives and other people's lives.

                              {time}  1300

  Mr. Chairman, I think we should stay true to historical precedent. 
The Federal agencies have deferred to the States on this issue. That is 
how it has been for 200-plus years. That is how it should remain. I 
encourage my colleagues to oppose this amendment.
  Mr. MORAN of Virginia. Mr. Chairman, I yield 30 seconds to the 
gentleman from Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Chairman, the gentleman who preceded me talked about 
the threats to the population if we do not have this practice. It has 
not happened in my State. We banned this practice.
  Real sportsmen do not bait bears. In Oregon, what has happened is 
actually three times as many people have bought hunting licenses to 
hunt bears. So, actually, the bear harvest, if Members want to call it 
that, is up in Oregon because real hunters are out there, not the guys 
sitting around waiting for the bears to come and feast on what they are 
being baited with.
  Mr. MORAN of Virginia. Mr. Chairman, how much time remains on both 
sides?
  The CHAIRMAN. The gentleman from Virginia (Mr. Moran) has 2 minutes; 
the gentleman from California (Mr. Pombo) has 1 minute.
  Mr. POMBO. Mr. Chairman, I have one additional speaker, and I reserve 
the right to close.
  The CHAIRMAN. The gentleman from Virginia (Mr. Moran) has the right 
to close.
  Mr. MORAN of Virginia. Mr. Chairman, if that is the case, I reserve 
my right to close.


                        Parliamentary Inquiries

  Mr. POMBO. Parliamentary inquiry, Mr. Chairman. Does not the Member 
defending the committee position have the right to close?
  The CHAIRMAN. The proponent of the amendment, the gentleman from 
California (Mr. Gallegly), yielded his time to the gentleman from 
Virginia (Mr. Moran); and as the proponent of the amendment he has the 
right to close.
  Mr. MORAN of Virginia. Mr. Chairman, I reserve the right to close.
  Mr. POMBO. Mr. Chairman, does the committee position have the right 
to close?
  The CHAIRMAN. Under clause 3(c) of rule XVII, the gentleman from 
California (Mr. Pombo), not being a Member of the Committee on 
Appropriations, does not qualify as a member of the committee defending 
the committee position, so it is the proponent's right to close.

[[Page 18587]]

  The proponent of the amendment has transferred the balance of his 
time to the gentleman from Virginia (Mr. Moran).
  Mr. POMBO. Parliamentary inquiry, Mr. Chairman. If I yield the 
balance of my time to the chairman of the Subcommittee on Interior and 
Related Agencies, do we have the right to close?
  The CHAIRMAN. That would not represent the requisite unbroken line of 
committee affiliation in opposition.
  Mr. POMBO. Mr. Chairman, I yield the balance of my time to the 
gentleman from Minnesota (Mr. Peterson).
  Mr. PETERSON of Minnesota. Mr. Chairman, I rise to oppose this 
amendment, and I think it is maybe the right timing because the 
gentleman before me said real hunters do not bait bears.
  I would like to say, in Minnesota, I was a sponsor of the bill that 
created a season and made the bear a big game animal. We are having 
trouble controlling the population in spite of the fact that we issued 
two permits last year to every hunter, and this year we did not sell 
all of the licenses. We have three times as many bears now as we did 
back when they were not protected.
  In Minnesota, last year, we shot 2,915 bears; 2,900 were shot over 
bait. The only way a bear can be shot in the northern climates like 
Minnesota is over bait. There is no other way hunters are going to do 
that. If we pass this legislation, the bears are all in the Chippewa 
and Superior National Forests, we will eliminate the ability for us to 
control our population. Our DNR is very much opposed to this. It will 
take away the chance for us to manage this population, and it will 
cause all kinds of trouble with folks that live up in that area. The 
bears are starting to move out in the private areas. I very much oppose 
this amendment and hope it is defeated.
  Mr. MORAN of Virginia. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, I thank the gentleman from California (Mr. Gallegly) 
for his leadership on this issue.
  This is a poster paid for by the U.S. Department of Agriculture 
Forest Service. This one happens to be distributed jointly with Arizona 
and New Mexico's Departments of Game and Fish. It says, ``Just Be Bear 
Aware,'' and the reason it says ``Don't feed bears'' is because most 
conflicts between humans and bears arise as a result of human-supplied 
food. It says, ``Remember, a fed bear is a dead bear.''
  This is all about safety to the public. The reason why we do not want 
bears to be fed is that they become nuisances, they become a threat to 
property and particularly to people. That is Federal policy. All we are 
trying to do in this bill is to make sure that Federal policy is 
consistent, it is consistently in the public interest. There is no 
difference between bear baiting and bear feeding. That is what this 
amendment says.
  The fact is that bait sites typically consist of pastries, junk food, 
the kinds of foods you typically find at camp sites and dumpsters. Once 
acclimated to those human foods, bears become aggressive in approaching 
campers, park visitors, and they migrate to those areas where those 
kinds of treats can be found. That is what leads to property damage, 
attacks on people, and the bears being shot as nuisance animals.
  The gentleman from Minnesota (Mr. Peterson) said they cannot continue 
hunting without bear baiting, but I cannot believe that the bears in 
Minnesota are that different from the bears in Oregon and Washington 
and the 41 other States which banned this practice.
  Mr. HAYES. Mr. Chairman, I rise in strong opposition to this 
amendment. As a cochair of the Congressional Sportsmen's Caucus, I am 
here to strongly urge members to vote against this measure that seeks 
to ban bear baiting.
  As it has been discussed during the Resources Committee hearing and 
during the committee markup on Tuesday, a ban on bear baiting would set 
an extremely dangerous precedent of the Federal Government preempting 
the authority of the States to manage wildlife.
  The State fish and wildlife agencies have the authority and 
responsibility of managing wildife and have an excellent record in 
years past, especially in regards to bear management. This authority 
includes most Federal public lands with the exception of National 
Parks, and has been repeatedly affirmed by Congress in acts such as the 
National Forest Management Act, Federal Land Policy and Management Act, 
National Wildlife Refugee System Improvement Act and Sikes Act, to name 
a few.
  Baiting has always and continues to be a method of controlling 
wildlife population levels beyond just bears. Currently, nine States--
Alaska, Idaho, Maine, Michigan, Minnesota, New Hampshire, Utah, 
Wisconsin, and Wyoming--allow regulated baiting as a method of hunting 
bears and would be severely impacted by this legislation. If these 
State wildlife agencies feel that here baiting is not necessary to help 
regulate the population, they are much better equipped to make that 
decision than the Federal Government.
  As a fellow sportsman and a strong believer in State's rights, I 
strongly encourage members to support the State wildlife agencies and 
their successful and positive roles they play in wildlife management. 
At no time in history has Congress selected an individual species for 
Federal management and there is absolutely no reason that it should 
start now.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Gallegly).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. GALLEGLY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from California (Mr. 
Gallegly) will be postponed.


                 Amendment No. 4 Offered by Mr. Rahall

  Mr. RAHALL. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Rahall:
       At the end of the bill (before the short title), insert the 
     following new section:
       Sec. __. None of the funds made available by this Act may 
     be used to kill, or assist others in killing, any Bison in 
     the Yellowstone National Park herd.

  The CHAIRMAN. Pursuant to the order of the House earlier today, the 
gentleman from West Virginia (Mr. Rahall) and a Member opposed each 
will be recognized for 10 minutes.
  The Chair recognizes the gentleman from West Virginia (Mr. Rahall).
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I have an amendment today to halt the slaughter of 
bison in Yellowstone National Park. The bison is a symbol of America. 
Like the monuments on our National Mall or the dome on this Capitol 
building, the bison is an American icon. These magnificent beasts are 
woven into the fabric of our culture, not to mention being sewn onto 
the fabric of every uniform worn by an employee of the Department of 
Interior.
  After a century of wanton slaughter, we have a small herd in 
Yellowstone National Park, the last remaining example of the purebred, 
free-roaming bison left in this country. Is it any wonder then that the 
American public looks on in horror at footage of employees of the 
United States Department of Interior participating in the slaughter of 
Yellowstone bison? The general public is under the impression that 
these animals are being sheltered and protected by the Federal 
Government, not rounded up and shot. But the numbers tell the awful 
story: This year alone, the Department of Interior participated in the 
slaughter of 244 Yellowstone bison. On average over the last decade, 
250 of these wild animals have been shipped off to slaughter or shot on 
site every year. The obvious question is why? Why is the Department of 
Interior murdering its beloved mascot?
  Should this picture be the new seal of the leading conservation 
agency in this country? Instead of a bison standing tall and proud on 
the seal of the Department of Interior, it is indeed dead, on its back, 
legs standing stiffly in the air.
  The reason these bison are being slaughtered lies in the Department's

[[Page 18588]]

decision to pander to a single State's deadly approach to wildlife 
management. During the harsh winter months, bison migrate out of 
Yellowstone National Park to lower elevations in a desperate attempt to 
avoid starving to death.
  Once they leave the park, they can come into cattle grazing on public 
and private land; and some of the bison may carry a disease which can 
be dangerous to cows. But here is the critical point: The transfer of 
this disease from bison to cattle has never happened in the wild. Never 
happened. Yet one State and only one which borders Yellowstone insists 
that the only means to deal with a theoretical possibility that it 
might happen is to pursue an automatic death sentence for any bison 
that steps one hoof onto the invisible park boundary. Talk about using 
a sledgehammer to kill a flea. Under current policy, simply being a 
bison in Montana is a capital crime, punishable by death.
  Perhaps most shocking of all is that most of the bison are not even 
tested, not even tested to see if they actually carry the disease 
before they are being sent to their deaths. The truth is, this State is 
caught in a time warp. Despite the fact that we have entered a new 
millennium, this particular State is still pursuing wildlife management 
policies that were popular in the 1800s. Moreover, this State has 
demanded and the Department of Interior has agreed to help this State 
implement its approach to wildlife management by helping them shoot 
bison. That must stop.
  The National Park Service is one of the foremost conservation 
agencies in the world. It should not be required to kill the very 
wildlife they are sworn to protect. If adopted, this amendment will 
prohibit the use of any funds in this bill to kill or assist others in 
killing these magnificent animals. This is a very narrow amendment. If 
Montana wants to continue to slaughter bison as if they were still 
living in the old West, this amendment will not stop them. However, the 
Federal agencies funded in this bill, agencies with a conservation 
mandate, will not help them do their dirty work.
  The Federal conservation agencies funded in this bill will continue 
working within the existing bison management plan to address the 
theoretical threat of disease through hazing and capture of bison, 
through development of a vaccine for both cattle and bison, and through 
the use of other tools. But the tools they use will no longer be 
lethal.
  This is a very simple amendment. Members either support slaughtering 
Yellowstone bison or they do not. We know the American people do not 
support the slaughter of this icon of America, just as they would not 
support the slaughter of the bald eagle. There is no good reason for 
this killing, and I urge my colleagues to adopt this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I claim the time in 
opposition to the amendment.
  The CHAIRMAN. The gentleman from North Carolina (Mr. Taylor) is 
recognized for 10 minutes.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, none of us are comfortable with this issue, but let me 
provide Members with some facts.
  A record of decision was signed on December, 2000, by then Secretary 
of Interior Bruce Babbitt, the Secretary of Agriculture Dan Glickman, 
and the Governor of Montana. This document was a long-term plan for 
bison management in this region.
  The main objectives were to maintain a free-ranging bison population 
and manage the risk of transmission of diseases from bison to cattle. 
Both the State and the Park Service have specific responsibilities 
under this agreement.
  When we have bison outside the park, bison are captured, tested and 
some are shipped to slaughter. On occasion, bison resist the capture or 
hazing and are shot. During the winter of 2002, there was a dangerous 
situation of this kind involving one bison bull. At the request of 
Montana, an interagency team, including the Park Service, shot the 
bull.

                              {time}  1315

  Mr. Chairman, I yield 3 minutes to the gentlewoman from Wyoming (Mrs. 
Cubin).
  Mrs. CUBIN. Mr. Chairman, I do not understand why some Congressmen 
continue to offer amendments about issues that they truly do not 
understand, that they have never observed, nor have they ever 
participated in the solution to a problem that exists. The States of 
Wyoming, Idaho, Montana and the United States Departments of 
Agriculture and Interior have worked very hard over the past decade to 
protect and sustain the existing free-ranging elk and bison populations 
while still protecting the economic interests of the livestock 
industries in these States.
  My colleague from West Virginia made the statement that it has never 
been proven that brucellosis has spread from bison to cattle. That is 
simply not true. My colleague from Montana will go further into that 
explanation. Controlling brucellosis is a delicate balancing act for 
all parties involved. We need to address the needs of each of the 
environment, Federal and private stakeholders. Bison numbers are nearly 
at capacity for the range in the parks and surrounding areas, and those 
herds must be managed. We must actively manage the herd consistently 
with the greater ecosystem management plan which has been established 
by stakeholders and the Departments and we have to employ sometimes the 
unfortunate use of reduction methods. To not do so would upset the 
balance of the Greater Yellowstone ecosystem. That is something that 
certainly my colleague from West Virginia would not want to happen.
  The gentleman from West Virginia's amendment would make the decade-
long efforts of public and private stakeholders in vain by limiting the 
use of Federal funds to aid the Park Service in managing the reduction 
of bison. I would much prefer the sponsor of this amendment begin 
attending the Greater Yellowstone Interagency Brucellosis Committee 
meetings as my staff does and learn the complexity of these issues and 
the limitations of reasonable solutions rather than enacting knee-jerk 
legislation that those of us in the surrounding communities have to 
then live with. By taking one of the Park Service's tools out of their 
tool box in bison and brucellosis management, this amendment reduces 
our ability to effectively control the bison herd at a time when its 
numbers are reaching maximum capacity.
  This amendment will not reduce the reduction of bison leaving 
Yellowstone and Grand Teton parks. Merely the surrounding States will 
then have to take a more active role in reduction of their activities. 
This is nothing more than feel-good legislation that ignores all of the 
facts, all of the stakeholders' concerns and the real world.
  Mr. RAHALL. Mr. Chairman, I yield 3 minutes to the distinguished 
gentleman from New York (Mr. Hinchey).
  Mr. HINCHEY. Mr. Chairman, we must stop the Park Service from killing 
Yellowstone National Park's buffalo. More than any other animal, the 
American buffalo is a wildlife icon of the United States. The buffalo 
is the symbol that represents the Department of the Interior. The 
buffalo is profoundly significant to Native American cultures and 
perhaps more than any other wildlife species has influenced our 
history.
  In the late 19th century, buffalo were nearly exterminated. After 
tens of millions of buffalo were killed, only 200 wild buffalo remained 
in the Nation and all were located in Yellowstone National Park. Due to 
poaching, their numbers were reduced to 25 by the turn of the last 
century. The offspring of the 25 survivors, today's Yellowstone 
National Park buffalo, comprise the only wild, free-roaming buffalo to 
continually occupy their native habitat in the United States. Yet the 
Yellowstone buffalo herd is still under assault. Since 1984, nearly 
3,700 buffalo have been killed in Montana. This past winter, 244 
buffalo were killed by the Federal and State agencies, including 231

[[Page 18589]]

captured and slaughtered by the National Park Service. The Department 
of the Interior does this under the guise of preventing the spread of 
brucellosis to cattle.
  Here are the facts. There has never been a confirmed incidence of 
brucellosis transmission in the wild from buffalo to cattle. This risk 
is so low as to be determined to be immeasurable by the 1998 report 
from the National Research Council of the National Academy of Sciences. 
13,000 Yellowstone elk, some of which harbor brucellosis, are allowed 
unfettered access to Federal land outside the park. Buffalo with 
brucellosis and cattle have grazed together for over 50 years in the 
Jackson Hole area south of Yellowstone with no incidence of disease 
transmission. Despite these facts, the National Park Service spends 
taxpayer dollars to kill buffalo in an attempt to keep them unnaturally 
confined within Yellowstone.
  Later this year I will introduce a bill that provides a comprehensive 
solution to this issue. But until the bison herd can freely roam on key 
low-elevation habitat on national forest land adjacent to the park like 
any other wildlife, without triggering hazing, capture or killing, the 
Park Service should be protecting this wildlife icon in Yellowstone 
Park and managing them in a nonlethal manner. The Rahall amendment will 
do this. I urge its adoption.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 3 minutes to the 
gentleman from Montana (Mr. Rehberg).
  Mr. REHBERG. Mr. Chairman, the last speaker and the sponsor of this 
amendment act like nothing has been done over the last few years to try 
and manage the herds within Yellowstone Park. I can say that that is 
the farthest thing from the truth. This is 10 years of hard work. We 
have had agencies that disagreed, we have had States that disagreed, we 
have gone to court and sued each other and finally through the good 
sense of the Clinton administration and Bruce Babbitt, they signed a 
memorandum of understanding on the management of the park bison and 
they took it out of the court. In fact, they took it to court, and the 
court agreed with this memorandum of understanding.
  To make the statement that it has never been passed in the wild, that 
is ludicrous. You cannot manage something like that because you would 
have to see the cow lick the aborted fetus of the bison and then 
immediately kill the cow and test it. We do have proof that brucellosis 
has been passed from bison to elk. We do have proof that in captivity 
brucellosis has been passed from bison to cattle.
  This is also a human health issue. There are people all over this 
country and in the State of Montana that carry undulant fever, 
brucellosis; and they get it from these animals. The Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002, which 
we passed and was signed by our President, the act specifies that the 
Secretary of the Department of Health and Human Services establish and 
maintain a list of biological agents and toxins that have the potential 
to pose a severe threat to public health and safety.
  I turn to page 1. There are only seven bacteria in this bioterrorism 
alert. Brucellosis is number two on the list. Anthrax is number one. 
This is a health issue. This is a management of the health of the bison 
issue. The National Academy of Sciences had a study that was released a 
number of years ago that said the carrying capacity of the park is 
being exceeded. It has a capacity somewhere between 1,700 and 3,500 
bison. As of last week, there are 4,045 bison on the park premises and 
leaving during the winter. The riparian damage that they do, the damage 
that they do to the very environment we are trying to protect in the 
national park is one of the reasons that we signed this memorandum of 
understanding with the Federal Government. We finally came to a 
compromise. We finally took it out of the court.
  This amendment turns back 10 years' worth of compromise, 10 years' 
worth of consensus. Take it to a committee, bring it back to a 
discussion; but do not undercut the process creating a human health 
danger, a herd health danger, and danger to the environment of the 
national park. This amendment must be defeated.
  Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume.
  Let me say once again that the bison is an American icon. In my own 
home State of West Virginia, at Marshall University, the football 
team's mascot is the bison. They are the Thundering Herd. Nobody 
slaughters that Thundering Herd just as nobody should slaughter the 
Yellowstone herd.
  Are there alternatives? Yes. There are alternatives for dealing with 
diseased bison. It is not that difficult. Contrary to what the State 
claims, it does not require shooting them. We support continuing 
efforts to keep bison from having any contact with cows through the use 
of hazing and capturing bison when necessary. We support continued and 
improved testing to determine precisely how many bison actually have 
the disease. We support allowing bison which test positive to be 
quarantined either within the park or on any of the many Indian 
reservations where a tribe has contacted the Secretary volunteering to 
take possession of bison. All of these activities and more are allowed 
under the Rahall amendment. The only thing that is prohibited is 
killing these animals.
  As far as the counter to our claim that there has never been a 
documented instance of a cow catching the disease from a bison, in the 
wild, it has never happened. I stress what we are saying here is in the 
wild. It is only a theory. If this concern were indeed serious, then 
bison would not be allowed to cross the southern park boundary and 
mingle with cattle in Wyoming, nor would elk, which also carry this 
disease, be allowed to leave the park and mingle with the cattle in 
Montana and Wyoming. None of this has led to an outbreak. The numbers 
regarding how many bison have the disease are inflated and unproven 
because under current practice most of them are not even tested before 
they are slaughtered. No one really knows how many bison have this 
disease.
  In conclusion, Mr. Chairman, let me say that the Department of the 
Interior should not be out slaughtering an animal that they are in 
charge of protecting. This is not a difficult problem with which to 
deal. There are alternatives available. This amendment allows those 
alternatives to be pursued. The American bison is to our culture just 
like the bald eagle is the very icon of our American way of life. Let 
us protect that icon, and let us stop the slaughter of bison in 
Yellowstone.
  I urge the adoption of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield the balance of my 
time to the gentleman from Virginia (Mr. Goodlatte).
  Mr. GOODLATTE. I thank the gentleman for yielding me this time.
  Mr. Chairman, I rise in strong opposition to this amendment, which I 
do not think makes any sense. It provides, ``None of the funds made 
available by this act may be used to kill or otherwise assist in 
killing any bison in the Yellowstone National Park herd.'' The national 
park herd is not controlled by the Congress. Nature takes care of the 
size of that herd. If it grows too large, if we have a situation where 
bison are starving in the national park because there is not enough 
land to take care of this ever-increasing-size herd, leave aside the 
debate about brucellosis and human health which I will address in a 
second, you have a very serious limitation on doing anything.
  Secondly, the State of Montana has indicated that they are going to 
gather up these bison that get off of the park and slaughter them. So 
now you have created a situation where the people responsible for 
taking care of them cannot have any cooperation with those who want to 
slaughter them and you are going to break down the scientific ability 
to make a sensible decision about when they should be slaughtered and 
when they should not.
  Brucellosis is a highly contagious reproductive disease that affects 
cattle, bison, and swine by causing abortions, infertility, and lowered 
milk production. The disease is also transmissible

[[Page 18590]]

to humans. Brucellosis is not a natural disease for bison. The disease 
was introduced into the bison herd when infected cattle arrived into 
North America and then infected the bison. To conclude that it is not 
going to work going back the other way, I think, is not sound science. 
We are rapidly approaching eradication of brucellosis from the U.S. 
cattle herd. The Yellowstone bison herd represents the last significant 
reservoir of brucellosis in the U.S.
  The Rahall amendment would interfere with the eradication of 
brucellosis in the Greater Yellowstone area. For the health of our 
cattle herds and our bison herds, oppose this amendment. An interagency 
bison management plan has been developed, approved and is being 
implemented to deal with this situation. It is imperative that the 
National Park Service employees be allowed to continue to play their 
integral role in eradicating brucellosis. The response to the problem 
that the gentleman has identified of wanting to protect bison wherever 
possible is not enhanced by this amendment. This amendment is not based 
upon sound science. It is not based upon a commonsense approach to both 
protecting the interests of the State and the interests of those who 
are very concerned about the bison in our national park.
  I urge my colleagues to oppose this amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. Rahall).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. RAHALL. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from West Virginia (Mr. 
Rahall) will be postponed.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: amendment No. 10 offered by the 
gentlewoman from New York (Ms. Slaughter); amendment No. 18 offered by 
the gentleman from Oregon (Mr. DeFazio); the amendment offered by the 
gentleman from Colorado (Mr. Hefley); amendment No. 17 offered by the 
gentleman from Colorado (Mr. Tancredo); amendment No. 14 offered by the 
gentleman from Oregon (Mr. Blumenauer); and the amendment offered by 
the gentleman from Arizona (Mr. Shadegg).
  The amendment offered by the gentleman from California (Mr. Gallegly) 
and amendment No. 4 offered by the gentleman from West Virginia (Mr. 
Rahall) will be taken at a later time.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                              {time}  1330


               Amendment No. 10 Offered by Ms. Slaughter

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentlewoman from New York (Ms. 
Slaughter) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Ms. Slaughter:
       Page 21, line 3, after the first dollar amount, insert 
     ``(reduced by $6,000,000)''.
       Page 47, line 6, after the dollar amount, insert ``(reduced 
     by $3,000,000)''.
       Page 91, line 22, after the dollar amount, insert 
     ``(reduced by $6,000,000)''.
       Page 128, line 7, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 128, line 11, after the dollar amount, insert 
     ``(increased by $10,000,000)''.
       Page 128, line 23, after the dollar amount, insert 
     ``(increased by $5,000,000)''.


                             recorded vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 225, 
noes 200, answered ``present'' 1, not voting 8, as follows:

                             [Roll No. 376]

                               AYES--225

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballance
     Ballenger
     Bass
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gerlach
     Gonzalez
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Hart
     Hastings (FL)
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Portman
     Price (NC)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Reynolds
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--200

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Bradley (NH)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     Everett
     Feeney
     Flake
     Fletcher
     Foley
     Forbes
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner

[[Page 18591]]


     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Sherman
       

                             NOT VOTING--8

     Berkley
     Brady (TX)
     Ferguson
     Gephardt
     Janklow
     Jefferson
     Millender-McDonald
     Turner (OH)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are reminded there are 2 
minutes remaining on this vote.

                              {time}  1350

  Mr. TAUZIN and Mr. HILL changed their vote from ``aye'' to ``no.''
  Ms. WATERS and Mr. SIMMONS changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. McHUGH. Mr. Chairman, on rollcall vote No. 376 I inadvertently 
cast a ``nay'' vote. I had intended to vote ``aye.''
  Stated against:
  Mr. BRADY of Texas. Mr. Chairman, on rollcall No. 376 I was 
inadvertently detained. Had I been present, I would have vote ``no.''
  Mr. PORTMAN. Mr. Chairman, on rollcall No. 376 I inadvertently voted 
``yes.'' I meant to vote ``no.''


                      Announcement By The Chairman

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, the remainder of 
this series will be conducted as 5-minute votes.


                Amendment No. 18 Offered by Mr. DeFazio

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 18 offered by the gentleman from Oregon (Mr. DeFazio) 
on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 184, 
noes 241, not voting 9, as follows:

                             [Roll No. 377]

                               AYES--184

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baldwin
     Ballance
     Ballenger
     Bass
     Becerra
     Bell
     Bishop (NY)
     Blumenauer
     Bono
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Case
     Clyburn
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Doggett
     Doyle
     Edwards
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Flake
     Ford
     Franks (AZ)
     Frost
     Gallegly
     Gonzalez
     Gordon
     Graves
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hayworth
     Hill
     Hinchey
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Hoyer
     Hulshof
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McInnis
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Renzi
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shadegg
     Sherman
     Skelton
     Slaughter
     Smith (NJ)
     Solis
     Stark
     Strickland
     Stupak
     Tancredo
     Tauscher
     Taylor (MS)
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Walden (OR)
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--241

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bereuter
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emanuel
     English
     Everett
     Feeney
     Fletcher
     Foley
     Forbes
     Fossella
     Frank (MA)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hefley
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Houghton
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson, Sam
     Keller
     Kennedy (MN)
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lowey
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Matheson
     McCotter
     McCrery
     McGovern
     McHugh
     McKeon
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Regula
     Rehberg
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sandlin
     Schrock
     Sensenbrenner
     Sessions
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (MI)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tanner
     Tauzin
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (TX)
     Upton
     Visclosky
     Vitter
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Berkley
     Clay
     Ferguson
     Gephardt
     Hunter
     Janklow
     Jefferson
     Millender-McDonald
     Turner (OH)

                              {time}  1359

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Hefley

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Colorado (Mr. Hefley) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 81, 
noes 341, not voting 12, as follows:

                             [Roll No. 378]

                                AYES--81

     Akin
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bilirakis
     Blackburn
     Brady (TX)
     Burgess
     Buyer
     Cannon
     Carter
     Chocola
     Coble
     Collins
     Costello
     Cox
     Crane
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeMint
     Diaz-Balart, M.
     Doggett
     Duncan
     Feeney
     Flake
     Forbes
     Fossella
     Franks (AZ)
     Garrett (NJ)
     Gibbons
     Graves
     Green (WI)

[[Page 18592]]


     Gutknecht
     Hefley
     Hoekstra
     Hunter
     Hyde
     Isakson
     Jenkins
     Johnson, Sam
     Jones (NC)
     Kennedy (MN)
     King (IA)
     Kirk
     Lewis (KY)
     Linder
     Manzullo
     McCotter
     McInnis
     Miller (FL)
     Miller, Gary
     Musgrave
     Norwood
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Petri
     Pitts
     Ramstad
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (MI)
     Smith (WA)
     Stearns
     Tancredo
     Taylor (MS)
     Terry
     Toomey
     Wilson (SC)

                               NOES--341

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Ballance
     Ballenger
     Bass
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burns
     Burr
     Burton (IN)
     Calvert
     Camp
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Chabot
     Clay
     Clyburn
     Cole
     Conyers
     Cooper
     Cramer
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart, L.
     Dicks
     Dingell
     Dooley (CA)
     Doolittle
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gallegly
     Gerlach
     Gilchrest
     Gillmor
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kleczka
     Kline
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Neugebauer
     Ney
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Rangel
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Berkley
     Ferguson
     Gephardt
     Herger
     Jackson-Lee (TX)
     Janklow
     Jefferson
     Millender-McDonald
     Nunes
     Pelosi
     Sandlin
     Turner (OH)


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote, 2 minutes.

                              {time}  1407

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. HERGER. Mr. Chairman, on rollcall No. 378 I was inadvertently 
detained. Had I been present, I would have voted ``aye.''
  Stated against:
  Mr. NUNES. Mr. Chairman, on rollcall No. 378, do to a technical 
malfunction, by vote did not register. Had I been present, I would have 
voted ``no.''


                          Personal Explanation

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I was unavoidably detained 
off the floor of the House during the recorded vote of the Hefley 
amendment, which was to cut the Interior appropriations by 1 percent. 
On that amendment, I would have voted ``no.''


                          personal explanation

  Mr. TURNER of Ohio. Mr. Chairman, on rollcall Nos. 376, 377, and 378 
I was unavoidably detained. Had I been present, I would have voted 
``no.''


                Amendment No. 17 Offered by Mr. Tancredo

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 17 offered by the gentleman from Colorado (Mr. 
Tancredo) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             recorded vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 112, 
noes 313, not voting 9, as follows:

                             [Roll No. 379]

                               AYES--112

     Akin
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Blackburn
     Bonner
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cox
     Crane
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     DeFazio
     DeLay
     DeMint
     Diaz-Balart, M.
     Doolittle
     Duncan
     Emerson
     Feeney
     Flake
     Forbes
     Franks (AZ)
     Gallegly
     Gibbons
     Gingrey
     Goode
     Goodlatte
     Graves
     Green (WI)
     Gutknecht
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Lewis (KY)
     Linder
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McInnis
     Miller (FL)
     Miller, Gary
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Otter
     Paul
     Pence
     Petri
     Pitts
     Pombo
     Putnam
     Renzi
     Rogers (AL)
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Skelton
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Taylor (MS)
     Terry
     Thornberry
     Tiahrt
     Toomey
     Vitter
     Wamp
     Weldon (FL)
     Weller
     Wilson (NM)
     Wilson (SC)
     Young (AK)

                               NOES--313

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baker
     Baldwin
     Ballance
     Ballenger
     Bass
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Burns
     Burr
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Chocola
     Clay
     Clyburn
     Cole
     Collins
     Conyers
     Cooper
     Costello
     Cramer
     Crenshaw
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     Deal (GA)
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gillmor

[[Page 18593]]


     Gonzalez
     Gordon
     Goss
     Granger
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hensarling
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Ose
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Pomeroy
     Porter
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Simpson
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Stupak
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Whitfield
     Wicker
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                             NOT VOTING--9

     Berkley
     Ferguson
     Gephardt
     Istook
     Janklow
     Jefferson
     Millender-McDonald
     Pelosi
     Strickland


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote, 2 minutes.

                              {time}  1414

  So the amendment was rejected.
  The result of the vote was announced as above recorded.


               Amendment No. 14 Offered by Mr. Blumenauer

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on amendment No. 14 offered by the gentleman from Oregon (Mr. 
Blumenauer) on which further proceedings were postponed and on which 
the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 197, 
noes 228, not voting 9, as follows:

                             [Roll No. 380]

                               AYES--197

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baird
     Baldwin
     Ballance
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Burton (IN)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Case
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frelinghuysen
     Frost
     Gonzalez
     Gordon
     Green (TX)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Houghton
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Woolsey
     Wynn

                               NOES--228

     Aderholt
     Akin
     Alexander
     Baca
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardoza
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dooley (CA)
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     English
     Etheridge
     Everett
     Feeney
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hooley (OR)
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson, Sam
     Jones (NC)
     Keller
     Kilpatrick
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Larsen (WA)
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McHugh
     McInnis
     McIntyre
     McKeon
     Meek (FL)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Turner (TX)
     Vitter
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Berkley
     Buyer
     Ferguson
     Gephardt
     Hoyer
     Janklow
     Jefferson
     Millender-McDonald
     Pelosi


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1421

  Mr. MEEK of Florida changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.

[[Page 18594]]




                    Amendment Offered by Mr. Shadegg

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Arizona (Mr. Shadegg) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 128, 
noes 298, not voting 8, as follows:

                             [Roll No. 381]

                               AYES--128

     Akin
     Ballance
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Cole
     Collins
     Cox
     Crane
     Cubin
     Cunningham
     Davis, Jo Ann
     Deal (GA)
     DeFazio
     DeLay
     DeMint
     Doolittle
     Duncan
     Emerson
     Everett
     Feeney
     Flake
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gingrey
     Graves
     Gutknecht
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hoekstra
     Hooley (OR)
     Hostettler
     Hulshof
     Hunter
     Jenkins
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     Kingston
     Kline
     Kolbe
     Latham
     Lewis (KY)
     Linder
     Lucas (OK)
     McCotter
     McInnis
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Norwood
     Nunes
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Pitts
     Pombo
     Porter
     Putnam
     Radanovich
     Renzi
     Reynolds
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Sandlin
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (MI)
     Souder
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Toomey
     Turner (OH)
     Vitter
     Walden (OR)
     Weldon (FL)
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wynn
     Young (AK)

                               NOES--298

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Ballenger
     Bass
     Beauprez
     Becerra
     Bell
     Bereuter
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Burns
     Burr
     Calvert
     Camp
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Clay
     Clyburn
     Coble
     Conyers
     Cooper
     Costello
     Cramer
     Crenshaw
     Crowley
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gerlach
     Gilchrest
     Gillmor
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Granger
     Green (TX)
     Green (WI)
     Greenwood
     Grijalva
     Gutierrez
     Hall
     Harman
     Hastings (FL)
     Hill
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Holden
     Holt
     Honda
     Houghton
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Kleczka
     Knollenberg
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Majette
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Petri
     Pickering
     Platts
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schrock
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Sweeney
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wolf
     Woolsey
     Wu
     Young (FL)

                             NOT VOTING--8

     Berkley
     Ferguson
     Gephardt
     Hoyer
     Janklow
     Jefferson
     Millender-McDonald
     Pelosi


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Members are advised there are 2 
minutes remaining in this vote.

                              {time}  1428

  Mr. BURGESS changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. TAYLOR of North Carolina. 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. 
Sweeney) 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. 2691) 
making appropriations for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2004, and for other 
purposes, had come to no resolution thereon.

                          ____________________