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Congressional Record—Senate S2782

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Congressional Record—Senate S2782 S2782 CONGRESSIONAL RECORD — SENATE March 5, 2009 OMNIBUS APPROPRIATIONS agency. They do not have the budget. that allow Federal agencies to have the Mr. CARDIN. Mr. President, I take They do not have the expertise. And, best information before they take ac- the floor in defense of one of our most quite frankly, they have a different tion on their projects. It is what we successful environmental statutes. mission. So the impact of this regula- should be doing. It does preserve the di- Since its nearly unanimous passage in tion could have a devastating impact versity of wildlife in this Nation. It 1973, the Endangered Species Act has on the protection—legitimate protec- maintains the leadership of the United protected nearly 2,000 species from ex- tion—of wildlife. States on these types of issues. It is tinction. That success has contributed Now, some of my colleagues argue the right policy. We should go through significantly to the economic benefit of that requiring consultation with inde- regular order when we change it. The this Nation. According to a study by pendent scientists will slow infrastruc- Bush administration did not do that. the Fish and Wildlife Service, wildlife- ture projects funded through the re- They did this as a last-minute gesture related recreation—meaning hunting cently passed American Recovery and of the Bush administration. Let’s re- and fishing and wildlife watching—gen- Reinvestment Act. But let me remind store the status quo, and then let’s erated more than $122 billion in rev- my colleagues that the projects that look at the normal regulation process enue in 2006. So this statute has pro- are ready to go have already gone for modifications that may be needed. tected wildlife diversity and has pro- through this environmental review. I would urge my colleagues to reject tected our economy. They are ready to go. They will not be the amendment offered that will under- In my home State of Maryland, wild- delayed as a result of section 7 of the mine the Endangered Species Act. life watching generated over $1 billion Endangered Species Act. We are ready With that, I yield the floor. in revenue and sustained over 10,000 to proceed. And as President Obama re- The ACTING PRESIDENT pro tem- jobs. cently said: pore. The Senator from Florida is rec- In December of 2008, the Bush admin- With smart, sustainable policies, we can ognized. istration finalized two rules that un- grow our economy today and preserve the Mr. MARTINEZ. Mr. President, I ask environment. dercut the success of the Endangered unanimous consent to speak in morn- Species Act. Now, that was in Decem- But, quite frankly, these changes to ing business for 10 minutes. the consultation rule were not the only ber of 2008, after the elections, after The ACTING PRESIDENT pro tem- regulations the Bush administration Senator Obama was elected President pore. Without objection, it is so or- issued. We had the one that would com- of the United States. The Bush admin- dered. promise consultation with scientists in istration issued two regulations in an Mr. MARTINEZ. Mr. President, I rise effort to undermine the Endangered issuing the appropriate safeguards under the Endangered Species Act. The this morning to speak once again about Species Act. the pending bill before the Senate—the One rule undermines important safe- other was specifically aimed toward the polar bear. The new rule granted no very large and significant omnibus guards for all threatened and endan- spending bill—but more specifically gered species. The other withholds key new protections to the polar bear. Now, the President’s regulations said dif- about provisions in this bill that have protections from the polar bear. very little to do with spending and I believe it is critical the safeguards ferently, but that is not the case. The have a lot to do with foreign policy, in- that have worked to protect endan- special rule not only denied additional cluding provisions relating to U.S. and gered species for decades be reinstated. protections normally provided under Cuban relations. I decided to inform Section 429 of the fiscal year 2009 Om- the Endangered Species Act, but it set the Senate of a few things that are in nibus Appropriations Act would give a bad precedent for weakening ESA this morning’s press and why what this the Secretaries of Interior and Com- safeguards. bill will do makes so little sense for merce the authority they need to do The new rule does not require plans the United States at this moment in that. It will allow the Secretaries to to monitor, minimize, or mitigate im- time and why it would be a mistake for reverse the Bush administration’s mid- pacts that could harm the bears. And us to approve the current bill. night regulations and reinstate the the rule does not allow scientists and regulations previously in place. agencies to even consider climate The current bill is an attempt to, To understand why this special au- change as a factor that could injure frankly, usurp from the Executive the thority is needed, I think it is helpful polar bears. prerogative to conduct foreign policy. to understand how devastating the rule Last year, I had the opportunity, In his campaign, the President indi- changes are. So let me say a little bit along with members of the Environ- cated there were some things he want- about the two rules President Bush put ment and Public Works Committee, to ed to change about U.S. policy toward in place. visit Greenland. We saw firsthand what Cuba relating to travel and remit- For decades, under section 7 of the is happening in regard to the loss of tances. I would hope that would be Endangered Species Act, Federal agen- the snow caps and the impact it is hav- done in the order of Presidential pre- cies have consulted with scientists at ing on the polar bear population. rogatives and not by a legislative fiat the Fish and Wildlife Service or the Global climate change is clearly af- but that, as it is done, it is done in a National Marine Fisheries Service to fecting the future stability of the polar way that is conducive to the best inter- make sure an agency’s planned actions bears, and the regulation that was ests of our Nation and the best inter- do not jeopardize a threatened or en- issued in December compromises that. ests of our long-term foreign policy ob- dangered species. It is quite clear why. Seven editorials jectives. Unfortunately, it is being In line with a long record that ex- from newspapers in 32 States oppose done in a haphazard way, without real pressed a low regard for science, in De- the Bush administration’s efforts. Doz- clarity about the implications it will cember, 2008, the Bush administration ens of wildlife, scientific, and environ- have relating to what is attempting to finalized a rule that effectively elimi- mental organizations oppose the be done. nated the critical role scientists play change. In addition, eight State attor- One of the issues relates, more im- in the section 7 system of checks and neys general, including the attorney portantly than all, perhaps, to agricul- balances. What the Bush administra- general of Maryland, have filed suit to tural business trade with Cuba. This is tion regulation did was to allow a Fed- have these regulations withdrawn. a $780 million-a-year business which is eral agency to avoid consultation with So we have an amendment that has now done by the Cubans paying cash the scientists in making its determina- been offered. The amendment would before they can receive the goods, be- tion as to whether there was an impact take out of the omnibus bill the addi- fore the goods leave our ports. This was on an endangered species. tional authority we want to give to the done in the prior administration be- Professional scientific organizations agencies so that they can reverse the cause, in fact, the Cuban Government argued, came out and said, quite frank- midnight changes attempted by the was not exactly playing it as it was ly, this is unacceptable. The agency Bush administration. I would urge my supposed to. The shipments would get does not have the capacity to make a colleagues to reject that amendment. to Cuba and then payment would not determination as to whether a species Let’s not compromise the protections be there when the goods arrived, but is endangered by the action of the we have in the Endangered Species Act maybe 30 days later, maybe 60 days VerDate Nov 24 2008 00:42 Mar 06, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.018 S05MRPT1 rfrederick on PROD1PC67 with SENATE March 5, 2009 CONGRESSIONAL RECORD — SENATE S2783 later, and it was all of a sudden cre- ing around the titular head of govern- age, the alliance, the partnership, the ating a problem. So we fixed the prob- ment from one 80-year-old to another, working together of Venezuela and lem, and American farmers are pro- the Cubans are doing the very same Cuba to try to spread their brand of tected. They get to sell their goods to thing. It is the same old guard. Ramiro anti-Americanism and socialism Cuba—and $780 million is not an insig- Valdes, an enforcer, a tough guy, a throughout Latin America where they nificant amount of sales—they get paid hard-liner, no-nonsense, ‘‘kill them are having, frankly, significant success in cash, and they get paid before the first, ask questions later’’—that is who with Venezuela’s oil wealth and with goods leave the port.
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