S12344 CONGRESSIONAL RECORD — SENATE October 3, 1996 The Middle East is an important re- decisions by the Forest Service and by in Washington. Some chose to fight it gion in its own right. But no honest ob- a lower Federal court, ejected trucks out in the courts. I chose to initiate a servers could believe that our tremen- from the portages several years ago. process which would allow Minnesotans dous commitments there would exist This rider was designed to again allow to talk it out, and then bring their rec- without the region’s oil riches. The anglers and others to portage boats by ommendations to the Minnesota con- risks we have undertaken because of truck from one lake to another in the gressional delegation for ratification. oil are large indeed. BWCA. Now, they are required to use I’m proud of that choice. I think it The answer to this difficult problem alternative means to transport their was the responsible thing to do, the is not just drilling for more oil here at boats across these portages. right thing to do. I think most Min- home—for, at best, that can only delay As I have said, I would be willing to nesotans agree with that, and that the the inevitable. The answer is a signifi- consider changes to the current status recent successes in mediation are bear- cant and sustained effort to integrate of the portages, as long as it is part of ing that out. I know that some people alternative energy sources into the an overall, agreed-upon resolution of in northern Minnesota disagree—some mainstream of our national economy. the many BWCAW issues on the table fiercely—and are concerned that their The time has come for America to pro- in the Federal mediation process un- interests won’t be protected in the me- mote development of conservation and derway in Minnesota. I am hopeful that diation process. I want to make them a alternative energy sources as a matter such an agreement can be reached guarantee today: your interests and of national security. soon. views are represented in mediation, V. TRANS-NATIONAL ISSUES Mr. President, let me be clear. On and they will be carefully considered The final foreign policy challenge is many of the issues which have arisen by me here in the U.S. Senate. I will to come to grips with trans-national in the BWCA and Voyageurs disputes, I press hard to make sure that every threats, many of which have no human believe the people of northeastern Min- voice in my State, including those form. New diseases and large-scale en- nesota have legitimate grievances, and whom I respect and have worked with vironmental degradation may have ori- that they should be addressed as for so many years in northern Min- gins far from our shores, but their ef- promptly and effectively as possible. I nesota, are heard in this process. The fects touch the lives of Americans. have worked over the years to make Federal Mediation and Conciliation Similarly, international criminal orga- sure that when other land and lake use Service prepared carefully for the proc- nizations, including drug traffickers, issues in the region—including snow- ess for months before it actually start- can assault our citizens and our secu- mobile use, lake levels, trails, and ed, interviewing hundreds of Minneso- rity from locations outside the United other matters—have arisen, they are tans to make sure that all interests States. addressed as swiftly as possible. were represented at the table, and to For years, many of the people of Combating these threats will require guarantee an open, broadly northern Minnesota have believed that that we work on many levels. We must participatory process. the Park Service and Forest Service I am very grateful to the Mediation work together with friends and allies have not been listening to them. Too Service, and to all those Minnesotans abroad. We must encourage and help many feel that they have offered con- who have volunteered their time and countries that host these threats to structive solutions to disputes and talents to this mediation effort. I know combat them, which means we must problems which have arisen, and yet it is not always easy to put yourself on come to better understand the impor- often those solutions have been ig- the hotseat with friends, neighbors, tant relationship between overseas de- nored, or rejected, by those who man- and townspeople who might disagree velopment and our own national inter- age the wilderness and the park. That’s with you, and to try to work out mutu- ests. And we must better integrate the why I think it’s important that some ally agreeable solutions to major dis- work of different agencies of our own means of expanding meaningful citizen putes such as those which have brewed Government so that America speaks input, which must be taken into ac- over the BWCAW and VNP for many with a single voice and acts decisively count and then responded to by the years. This kind of willingness to work to protect our interests. Park Service and the Forest Service, is at a local level to resolve disputes is an CONCLUSION important. Months ago, I indicated admirable act of responsible citizen- Mr. President, these are five that I would support a new mechanism ship, an act of faith in the ability of daunting challenges. They come at a to ensure that kind of regular, concrete neighbors to work together, and an act time when the role of world affairs in citizen input, and I hope that the nego- of hope that future generations will ap- American public and political dis- tiators will consider including a pro- preciate the legacy of a lasting solu- course has diminished substantially. posal on this issue in their package of tion that protects these important re- All of us are tempted to focus less on recommendations to Congress. sources. I will be talking at greater foreign policy or to try to view it There has been no action on any of length about these people shortly. through a domestic lens. But I believe the bills introduced this year on The BWCA mediation group met last that would be a mistake. BWCAW and Voyaguers because they Thursday and Friday, and will be meet- The public may not be demanding a did not reflect a policy consensus in ing again soon to address, among other renewed focus on foreign policy, but our own State, much less in the Nation matters, the portages. They have al- our national interest is. These chal- as a whole. I am hopeful that in the ready agreed on several recommenda- lenges to America’s future demand se- coming months, and certainly by early tions to be made to the congressional rious attention from serious minds. next year, there will be such a consen- delegation, as part of a larger package I am optimistic we will meet them.∑ sus reached in our State, through the of proposed changes to be ratified by f mediation process which I initiated, them later. I am hopeful they will convened by the Federal Mediation and make further progress on the portages, BOUNDARY WATERS AND VOYA- Conciliation Service, which has been and other issues, in the coming weeks. GEURS DISPUTES SHOULD BE making real progress in recent months. I have a few articles from last week’s RESOLVED THROUGH MEDIATION That mediation process is broad- newspapers in Minnesota that I will IN MINNESOTA based, open and public, and includes ask to have printed in the RECORD fol- Mr. WELLSTONE. Mr. President, as people representing all those compet- lowing my statement, along with let- we bring this Congress to a close, it is ing interests which have made these ters and other information on the dis- clear now that there will be no legisla- disputes so difficult to resolve over the pute and on the mediation process tive action this year on changes to the years. One of the reasons, I think, that which demonstrate the broad support Boundary Waters Canoe Area Wilder- they have been so tough to resolve is mediation has garnered within our ness or Voyageurs National Park, even that too often those involved have cho- State as the most reasonable, sensible on a limited legislative rider which sen to try to fight it out, rather than way to resolve these disputes. These would allow trucks back onto certain to talk it out over a table in Min- documents should be able to give peo- portages within the BWCAW. A Federal nesota, in a search for common ground. ple looking back on this dispute a bet- appeals court, overturning a series of Some chose to try to fight it out here ter understanding of the history of this October 3, 1996 CONGRESSIONAL RECORD — SENATE S12345 dispute, and of how the mediation proc- Minneapolis; John Ongara, Duluth; reached an agreement with the Federal Me- ess is designed to work. Stuart Osthoff, Ely; Bob Schultz, Ely; diation and Conciliation Service (FMCS) to As I’ve said, this sensible mediation Paul Shurke and Laurie Larson, Ely; facilitate a formal mediated dispute resolu- process, which enjoys the support of a tion process to help resolve land use disputes Barbara Soderburg, U.S. Forest Serv- in the Boundary Waters Canoe Area Wilder- large majority of Minnesotans, and of ice, Duluth; George Sundstrom, Du- ness (BWCAW) and Voyageurs National Park the Clinton administration, is already luth; Rolf Thompson, Ely; Rod Sando, (VNP). Preparations for the process, which is producing results—including agree- Minnesota DNR. to begin immediately, are already underway. ments on issues in Voyageurs and in And those involved in the Voyageurs ‘‘I have said for months that I want to the BWCA mediation groups—that National Park mediation: Beverly Al- avoid another statewide battle over land many believe bode well for further exander, Minneapolis; Phillip Byers, management issues in the BWCAW and agreements on both disputes. Voyageurs National Park. I believe there is a Long Lake; Chuck Dayton, Minneapo- need for a coordinated, statewide mediated In addition to the few agreements lis; David Dill, Orr; Ron Esau, Inter- dispute resolution effort to bring Minneso- reached so far on the BWCA, just in the national Falls; Oliver Etgen, Virginia; tans together to identify mutually accept- last few days the mediation team on Jeff Mausolf, Duluth; Brian O’Neill, able approaches to these issues. We in Min- Voyageurs announced a couple of Minneapolis; Paul Stegmeir, Ely; Tim nesota can do better than we have in the agreements on strategies to handle Watson, Ray; Barbara West, Voyageurs past on these issues, and I intend to do what problems in the park having to do with National Park Superintendent; David I can to make sure that happens,’’ Sen. public safety, improved Park Service Wellstone said. Zentner, Duluth; Rod Sando, DNR. FMCS will provide a team of experienced, consultation with local people, and From the mediation service, I am neutral mediators to craft a process that is other issues. It is becoming clearer grateful to Director John Wells and his fair, impartial, goal-oriented, and that al- each day that the mediation process is very able and professional staff, both lows all interested parties in Minnesota a making real progress and has gained here in Washington and in the midwest chance to be heard—and to listen to one an- wide acceptance throughout the State. regional office in Minneapolis. They other—about the issues in dispute, their I have opposed all of the earlier legis- have dug into this project with great goals, and their recommendations to resolve lation introduced on the BWCA—in- skill and energy and commitment, and longstanding controversies. Questions re- cluding strongly opposing the bill of- I believe the people of our State owe garding who would actually be represented in the process; the scope, timing and format fered by Congressman VENTO—because them a great debt. of the discussions; the ultimate result of the I thought a mediated solution was The U.S. Forest Service and Park process, including the nature and form of more likely to be durable, and to gain Service have been most helpful in this recommendations to federal agencies and broad acceptance by Minnesotans, than process as well, helping to fund the me- lawmakers; and other similar issues would approaches developed in Washington diation effort, providing technical ad- be answered through consultation with the without broad, bipartisan support in vice and assistance, and agreeing to parties. Minnesota. As I have said consistently, have their principal representatives in ‘‘I have discussed this idea with Congress- I agree with the large majority of Min- men Oberstar and Vento, who as you know the state actually participate in the have been leaders on these issues for dec- nesotans who believe, as polls continue talks. I think their participation and ades,’’ Sen. Wellstone said. ‘‘No one should to show, that the mediation process cooperation have been essential, and be surprised that we now have competing underway in Minnesota is by far the that it will make for a much more du- legislative proposals from Congressmen more sensible and appropriate way to rable resolution of these disputes. Oberstar and Vento representing their sharp- resolve these disputes, and to develop There are, of course, many others ly divergent views on these public lands is- durable solutions that will last not for who have worked for countless hours to sues. While they differ on the best way to weeks, or months, or even a few years, craft a balanced, fair, open mediation manage these public lands, they have indi- but for a generation or more. process and to make sure mediation cated their support for my initiative. The Let me publicly take a moment to specific legislation proposed by Congressmen provides a credible, effective forum for Oberstar and Vento and discussed by Senator specifically thank all of those who working out disputes. I am grateful to Grams will not be the focus of the mediation have been involved in this mediation all of them for helping with this effort. process. Rather, the process will focus on the process, and who have already dedi- I will be monitoring the mediation issues identified by the parties themselves. cated so much time and effort to re- process closely in the coming weeks, Like Congressman Oberstar’s bill, Congress- solving these disputes. They are, in a and I hope they will be able to develop man Vento’s legislation could undermine sense, the people who are helping to a sound set of recommendations to for- this mediation process, and therefore I do create a new future for the BWCA and not intend to support either bill.’’ ward to Congress as soon as possible. I The mediation process, explains Wellstone the VNP, helping to resolve longstand- would like to be able to have a package in his letter, is designed to prevent these his- ing disputes through a process which of agreed-upon legislative rec- torically contentious land use issues from ensures that all interests in Minnesota ommendations ready for introduction further diving the state. ‘‘Throughout my are represented. early in the 105th Congress. time in the Senate, I have held firm to the First, let me thank those from Min- I thank you, Mr. President, for this belief that locally-developed recommenda- nesota who are actually participating time. I hope this brief statement, along tions are likely to be more effective, and in mediation. I hope I have a complete with the accompanying information, more durable, than those imposed from out- side. Bringing Minnesotans to the table as list; if not, I apologize in advance to will give my colleagues some sense of anyone I may have missed. I will not part of a participatory process that takes in what has been happening in my State account the needs and interests of all in a go into detail about the background recently on BWCAW and Voyageurs search for common ground is my goal.’’ and expertise of each person, but I National Park, and the significant Wellstone observed that unlike 20 years know they each have a story to tell progress that has been made so far in ago, today there are new tools available to about how and why they are involved the mediation effort to resolve disputes help develop durable land use solutions, in- in this process, and each have made im- there. I hope they will work with me cluding new forms of public, mediated dis- portant contributions to the process. and my House and Senate colleagues pute resolution that have proven effective in some of our nation’s most controversial land Let me first list and thank publicly, from Minnesota to craft a comprehen- on behalf of all Minnesotans, the par- use disputes, even those where people be- sive, durable solution to these disputes lieved at the outset that there was little ticipants in the BWCA mediation: Barb early next year. chance for a productive discussion between Bergland, from Ely; Mitch Brunfelt, I ask that the material I referred to the parties, much less for developing mutu- from Mountain Iron; Chuck Dayton, earlier in my remarks be printed in the ally agreed-upon solutions. Minneapolis; Arthur Eggen, Crane RECORD. For example, in one particularly heated Lake; Tony Faras, Grand Marais; Paul The material follows: case, a strong disagreement over the use of off road vehicles in the Cape Code National Forsman, Ely; Mike Furtman, Duluth; EXHIBIT 1 Bill Hansen, Tofte; Leon Jourdaine, Seashore in Massachusetts was successfully SEN. WELLSTONE ANNOUNCES DETAILS OF FED- addressed through dispute resolution. In an- Lac La Croix First Nation, Fort ERAL MEDIATION PROCESS TO HELP RESOLVE other case, ranchers and wilderness advo- Francis, Ontario; Alden Lind, Duluth; BWCAW/VOYAGEURS DISPUTES cates in New Mexico and Arizona used dis- Ted Merschon, Grand Marais; Gretchen WASHINGTON, DC.—U.S. Senator Paul pute resolution to help resolve fierce dis- Nichols, Minneapolis; Brian O’Neill, Wellstone today announced that he has agreements on rangeland management. S12346 CONGRESSIONAL RECORD — SENATE October 3, 1996 Sen. Wellstone, who fully supports ex- mat of the discussions; the ultimate result of ing. I am sure you know that broad based panded citizen participation in the manage- the process, including the nature and form of support and a willingness by all affected par- ment of these lands, observed that a ‘‘Min- recommendations to federal agencies and ties to participate in open, honest, problem- nesota solution’’ is likely to be more effec- federal lawmakers; and other similar issues solving dialogue focused on defined objec- tive than one imposed from Washington. would be answered through a consultative tives are some of the factors critical to the ‘‘Given the current deep divisions on these process that would involve decisions arrived success of these processes. Some of these issues within our state, I believe that propos- at by the parties. I have instructed my staff matters can be coordinated with your staff, als to resolve BWCAW and VNP disputes to provide further background to FMCS staff our Washington ADR office and Minneapolis that are developed in Minnesota, by Min- that would be helpful in getting the process regional headquarters; others will be worked nesotans, are more likely to be accepted by underway, and to help identify key stake- out by the parties themselves within the all parties, and as a result be more durable, holders in the state who should be consulted. context of the ADR process. than those developed in Washington without My staff has contacted Administration offi- I appreciate the confidence you have ex- adequate efforts to bring Minnesotans to- cials to discuss funding support for this proc- pressed in the expertise and experience of gether first to try to develop a consensus,’’ ess, and I will continue to work to ensure our staff. We look forward to working with Sen. Wellstone concluded. that FMCS is compensated appropriately for the interested parties in Minnesota, helping the process. them to identify real, durable solutions to U.S. SENATE, I believe this approach provides an oppor- these ongoing disputes. Washington, DC, May 6, 1996. tunity to bring Minnesotans together to de- Respectfully, JOHN CALHOUN WELLS, Director, velop mutually agreed-upon solutions to JOHN CALHOUN WELLS, Federal Mediation and Conciliation Service, some of our most complex and longstanding Director. Washington, DC. controversies. I have dedicated much of my DEAR JOHN: As we discussed recently by adult life to ensuring broad local input in FIFTY YEARS OF CONFLICT RESOLUTION phone, I am writing to formally request that public policymaking, and I believe this proc- The Federal Medication and Conciliation the Federal Mediation and Conciliation ess is most likely to guarantee that result. Service, (FMCS) is an independent agency of Service (FMCS) facilitate an alternative dis- Bringing Minnesotans to the table as part of the United States Government created by pute resolution process in my state regard- a broad-based, participatory process that Congress in 1947 to provide mediation and ing land use issues in the Boundary Waters takes into account the interests of all stake- conflict resolution related service to its cli- Canoe Area Wilderness (BWCAW) and in holders in a search for common ground is my ents. These services are delivered by the Voyageurs National Park (VNP). I under- goal. agency’s nearly 200 full-time mediators who stand that your staff have indicated a will- Thank you for your consideration. I look operate in 78 field offices located throughout ingness to facilitate such a process; I am forward to hearing from you. the country. The primary focus of FMCS’s writing to confirm that agreement and to Sincerely, work is on labor-management relations, me- outline briefly my hopes for the process. PAUL DAVID WELLSTONE, diating contract negotiation disputes be- For many years, land use disputes in our United States Senator. state, especially those focused on the tween companies and the unions represent- ing their employees, and providing training BWCAW and VNP, have generated con- FEDERAL MEDIATION AND in cooperative processes to help build better troversy and pitted one group against an- CONCILIATION SERVICE, other. Last year, two congressional over- Washington, DC, May 7, 1996. labor-management relations. Additionally, FMCS was authorized under the Dispute Res- sight hearings were held in Minnesota on the Hon. PAUL D. WELLSTONE, use of these resources. From those hearings, U.S. Senate, olution Act of 1990 to share its expertise in and numerous subsequent discussions with Washington, DC. all aspects of mediation, facilitation and my constituents, it has become clear that DEAR SENATOR WELLSTONE: In response to conflict resolution with federal, state and these land use issues continue to have a tre- your recent letter and confirming ongoing local governmental bodies and agencies. mendous potential to divide our state. discussions between members of our staffs, With the increasing awareness of the con- Minnesotans hold differing visions of how the Federal Mediation and Conciliation cept and benefits of conflict resolution in the to be responsible stewards of these resources, Service would be pleased to serve as general public, the terms mediation and Al- and how to manage them sustainably with facilitators in the land use Alternative Dis- ternative Dispute Resolution (ADR) have be- due attention to their varied uses. But what- pute Resolution (ADR) process on the issues come nearly synonymous. At FMCS, ADR is ever their views on land use, Minnesotans in dispute regarding the use of the Boundary used to describe a variety of joint problem- can agree that the BWCAW and VNP are Waters Canoe Area Wilderness (BWCAW) and solving approaches which can be used in lieu unique, world-class natural resources that Voyageurs National Park (VNP). of more formal and often expensive court- must be preserved for future generations. Considering the contentious history of room litigation, or as an alternative to agen- That is the common ground from which all some of these land use issues, we agree that cy adjudication and traditional rulemaking. discussions on these issues should begin. this multi-party dispute, with its numerous These processes usually involve the use of a I believe there is a need for an effort to interests, could lend itself quite well to the neutral third party to help disputants find bring Minnesotans together now to achieve kind of interactive, mediated ADR process mutually-acceptable solutions. Services are mutually acceptable proposed solutions to which you described in your letter. Alter- based on the specific needs of the parties, the land use problems that have been identi- native dispute resolution has been success- and can include dispute resolution assist- fied. Such proposed solutions would then be fully employed to resolve many longstanding ance, systems design and training for agency forwarded in the form of recommendations natural resource controversies across the personnel. to appropriate federal agencies, and to fed- country, including some where many be- An area of our ADR practice receiving eral lawmakers in the state Congressional lieved at the outset that there was little wider attention and use is regulatory nego- delegation. In my judgment, proposed solu- chance for productive discussions between tiation. The Negotiated Rulemaking Act of tions developed in Minnesota, my Minneso- the parties, much less for developing mutu- 1990 authorizes the agency to use its medi- tans, are more likely to be accepted by all ally agreed-upon solutions. ation services to improve government oper- parties, and thus be more durable, than FMCS has helped to facilitate a number of ations. FMCS assists American citizens and those which might be developed in Washing- such complex multi-party land use dispute government in the regulatory process by ton without adequate efforts to bring Min- resolution processes in the past, and we are bringing the regulators and those who will nesotans together first to try to develop a hopeful that this process will lead to simi- be affected by regulations to work together consensus. Without such a dispute resolution larly positive results. I understand that one in the formulation of proposed rules through process, I fear that the issue in dispute could of your primary goals involves a set of for- negotiation. As a neutral third-party, FMCS quickly become a ‘‘political football,’’ to be mal recommendations for action that would convenes and facilitates complex, multi- manipulated by those in the state more in- be forwarded from the group to appropriate party rulemaking procedures to help produce terested in polarizing the debate than in federal agencies and lawmakers once the draft rules by consensus. finding real and durable solutions. process is completed. FMCS’s has been providing ADR service for I envision a straightforward mediated dis- My ADR Services staff have informed me over twenty years, dating back to the early pute resolution process, to be initiated im- that experienced mediators from our Upper 1970’s when the agency was asked to mediate mediately. I would rely on the expertise and Midwest Region will make themselves avail- a land dispute between the Navajo and Hopi experience of your staff to structure such a able to lead this project. I understand our Indian tribes. In the early 1980’s, FMCS fa- process, ensuring that it is fair, impartial, staffs have begun to lay the groundwork for cilitated the first regulatory negotiations goal-oriented, and allows all interested par- this process; we appreciate your willingness held by the Federal Aviation Administra- ties in Minnesota a chance to be heard—and to assist us by offering key background in- tion. Regulatory negotiation activity in- to listen to one another—about the issues in formation and helping us to identify key in- creased throughout the decade, with FMCS dispute, their goals, and their recommenda- terested parties in these disputes. As we involved in negotiations held by the Depart- tions to resolve longstanding controversies. move forward, careful consideration should ments of Transportation, Agriculture, Labor I would assume that questions regarding be given to convening the process, subse- and others. FMCS also began providing medi- who would actually represent interested par- quent meetings, expected outcomes, rec- ation services for Home Owner Warranty dis- ties in the process; the scope, timing and for- ommendations, and appropriate agency fund- putes and in training volunteer mediators October 3, 1996 CONGRESSIONAL RECORD — SENATE S12347 for the Farm Credit Administration. Since Washington, DC, September 16, 1996. agement. In fact, we believe that it will only then, FMCS has become a leading authority Hon. WILLIAM J. CLINTON, serve to increase the polarization of the var- on the design, delivery and implementation President of the United States, The White ious interests. of dispute resolution techniques and sys- House, Washington, DC. The BWCAW is the largest wilderness east tems. FMCS has assisted Federal agencies in DEAR MR. PRESIDENT: We are about to con- of the Mississippi, consisting of over one mil- settling disputes in a variety of fields, in- clude action on H.R. 1296, a bill to provide lion acres of lakes, streams, and forests. It cluding complex regulatory and environ- for the administration of certain Presidio extends nearly 150 miles along the inter- mental matters, equal employment, and edu- properties at minimal cost to the Federal national boundary adjacent to Canada’s cational grant disputes and enforcement taxpayer. As you may know, a number of Quetico Provincial Park, creating a natural, matters. popular and also controversial measures water-based international treasure, unparal- have become part of the conference discus- leled in the world. It is also the most heavily FMCS AND MULTI-PARTY NEGOTIATIONS sion; therefore, this bill is now known as the used wilderness in the United States. The Federal Mediation and Conciliation Omnibus Parks legislation containing well S. 1738 would make several significant Service (FMCS) is an independent agency of over 100 specific legislative provisions. changes in the current management of the the United States Government created by Among the controversial issues discussed BWCAW. The bill would expand the area Congress in 1947 to provide mediation and for inclusion in this conference report are open to use of motorboats, exempt a certain conflict resolution related services to its cli- the Senate-passed grazing reform legislation, class of visitors from limits established on ents. These services are delivered by the S. 1459; reforms to the management of the numbers of visitors, provide for reopening agency’s nearly 200 full-time mediators who Boundary Waters Wilderness, S. 1738; Ster- three portages to motorized use, and estab- operate in 78 field offices located throughout ling Forest Protection Act, S. 223; S. 884, the lish a planning and management council. the country. The primary focus of FMCS’s Utah Public Lands Management Act; S. 1877, Section 3(a) would amend the 1978 law work is on labor-management relations, me- the Ketchikan Pulp Company contract ex- which established the wilderness (P.L. 95–495) diating contract negotiation disputes be- tension; and S. 1371, the Snow Basin Land by removing limits on motorboat use on five tween companies and the unions represent- Exchange, which is necessary for the winter lakes. These are very large lakes and this ing their employees, and providing training olympics. change would increase the average of water in cooperative processes to help build labor- We are about to file a conference report on surface open to motor use from approxi- management relations. Additionally, FMCS this omnibus legislation, and it is important mately 21 percent to 31 percent of the total is authorized under the Administrative Dis- that we have your views. Because of your in the wilderness. Allowing nearly one-third pute Resolution Act of 1990 to share its ex- Administration’s long-standing opposition, of the area to be open to motorized use is a pertise in all aspects of mediation, facilita- we are prepared to propose excluding the very large proportion for an activity not nor- tion and conflict resolution with federal, grazing reform legislation, any Utah Wilder- mally allowed in units of the National Wil- state and local governmental bodies and ness proposals, and several other controver- derness Preservation System, and would be a agencies. sial measures to which the Administration significant change in the wilderness setting. Mediation is participation by a neutral has expressed opposition. Attached is a list Section 3(b) would change the definition of third party in a dispute or negotiation with of measures we propose for inclusion in the a ‘‘guest’’ from someone who stays over- the purpose of assisting the parties to the conference report. Among these measures, night, to someone who is a guest of a home- owner or has purchased or rented goods or dispute in voluntarily reaching their own we feel the need to include two items which services from a resort owner. This change is settlement of the issues. A mediator may your Administration has expressed opposi- significant because the 1978 Act exempts make suggestions, and even procedural or tion to in the past. One is the extension of those who are ‘‘guests’’ of homeowners or re- substantive recommendations. the Ketchikan Pulp Co. contract, S. 1877; and sort owners from limits on use. This change FMCS has provided mediation services in the other is a proposed compromise on the in definition would, in effect, eliminate the numerous public policy disputes and regu- Boundary Waters Canoe Area which would latory negotiations. The results have been current limits on motorboat users. allow motorization on three portages, but Section 3(c) would provide for reopening extremely positive. By formulating rules and nothing more. three portages to motorized use that were policies in a public negotiating process, po- It is important that we have your views on closed by court order several years ago. tential or actual antagonists can be moti- this conference report prior to close of busi- Based on use data and informal discussions vated to participate, and become partners in ness on Wednesday, September 18. We are with visitors, our experience since these por- solving a policy problem or controversy over ready and prepared to discuss any of the tages were closed has led us to conclude that public issues. Thus, the likelihood of subse- measures proposed for inclusion in this con- access is not unduly restricted, public needs quent challenges to the agreement is greatly ference report at any time, and our staffs are are being met, and that the quality of the reduced. prepared to provide any additional informa- wilderness setting is improved by the cur- The task of bringing together groups of tion you may need in your consideration of rent status. people, often with competing interests, to this important legislation. Section 4 would establish a ‘‘Planning and reach consensus on complex issues and poli- Sincerely, Management Council’’ with broad authori- cies has proved to be a highly-productive use DON YOUNG, ties to ‘‘develop a monitor a comprehensive of FMCS’ mediators expertise in facilitation Chairman, House Com- management plan for the wilderness.’’ This and joint problem-solving. Not only are the mittee on Resources. is the most disconcerting provision of the results positive and the concept gaining in FRANK H. MURKOWSKI, bill. This management council would have use, but making policy and regulatory and Chairman. overlapping and conflicting roles with the decisions in a public, participatory process is DEPARTMENT OF AGRICULTURE, agency, creating confusion about manage- simply a better way to resolve conflicts. OFFICE OF THE SECRETARY, ment of the wilderness. Under this bill, the FMCS mediators have been involved in the Washington, DC, September 11, 1996. role of the resource professional in managing resolution of many issues using this process, Hon. FRANK H. MURKOWSKI, a national resource under the laws passed by including: Chairman, Committee on Energy and Natural Congress would be shifted to a council con- Disability Access to Airplanes (1988); De- Resources, Washington, DC. sisting primarily of locally elected and ap- partment of Transportation, Vocational Edu- DEAR MR. CHAIRMAN: In light of potential pointed officials. A management council cation Issues (1990); Department of Edu- activity by the Committee on S. 1738, I would only serve to reopen issues, keep the cation, Appalachian Trail/Killington-Pico would like to apprise you of the Administra- controversy alive, and further polarize the Ski Resorts Mergers (1990–91), Developing tion’s deep concerns about S. 1738, a bill ‘‘To various interests. Formula for Member Contributions (1992); provide for improved access to and use of the The Forest Service already has a public in- Farm Credit Administration, Usage of Pes- Boundary Waters Canoe Area Wilderness, volvement process in place, which was used ticides (1993); State of New York, Use of Pub- and for other purposes.’’ extensively during development of the new lic Waterways (1993); State of Tennessee, The Department of Agriculture strongly BWCAW plan, which is the culmination of Subsidized Housing Vacancy Rates (1995); De- opposes enactment of S. 1738. For the reasons several years of seeking the best mix of man- partment of Housing and Urban Develop- outlined below, this bill is unacceptable, and agement options for both the nation and the ment, Water Resources Development in the should it come to the President in its wilderness resource. We need to keep on Tuolumne River/San Francisco Bay Area present form, I would advise him to veto it. track with implementing the plan which (1995); Federal Energy Regulatory Commis- While we are acutely aware of the con- emerged from this process and work through sion, Rail Repair Worker Safety Procedures troversy associated with management of the the remaining issues. Furthermore, the For- (1995); Railway Safety Administration (DOT), Boundary Waters Canoe Area Wilderness est Service is participating in the Federal Indian Self Determination Act (1995); Depart- (BWCAW) for at least the past 50 years, and Mediation and Conciliation Service process ments of Interior/HHS, Equal Employment we understand the concerns of the various for the BWCAW, and I anticipate this effort Opportunity Commission (1995/96), and Dis- interests, we do not believe that S. 1738 of- may help to resolve some of the long-stand- ability Access to Play Areas (1996); Architec- fers a solution to that controversy. The pro- ing issues in the wilderness area. tural and Barriers Compliance Board. visions of S. 1738 would not protect the wil- Notwithstanding my objections to the bill derness resource itself or protect the best in- in its current form, I will work with the U.S. SENATE, COMMITTEE ON ENERGY terests of the national and international Committee to produce an acceptable solu- AND NATURAL RESOURCES, communities which seek a voice in its man- tion to this problem. S12348 CONGRESSIONAL RECORD — SENATE October 3, 1996 The Office of Management and Budget ad- likely the only way to achieve some of these Sadly, the prospects for successful medi- vises that there is no objection to the pres- changes. ation are probably less promising than be- entation of this report from the standpoint While some local groups, such as Conserva- fore the congressional hearings. With the ap- of the Administration’s program. tionists With Common Sense, want to point parent quick and easy death of the Grams/ Sincerely, fingers at Senator Wellstone and conclude Oberstar bills, environmental groups have DAN GLICKMAN, that he has somehow masterminded the the confidence of knowing they can probably Secretary. downfall of the Grams/Oberstar bills, such block any legislative efforts that don’t come claims are wildly over stated. from a mediated settlement. In other words, [From The Pioneer Press Editorial, May 9, The fact is, opposition to the Grams/Ober- they now have less incentive to bargain seri- 1996] star legislation is overwhelming in Min- ously than they did before. It would have nesota, and bipartisan in nature. A MEDIATION WELCOME IN BWCAW DISPUTE been far more effective to use mediation StarTribune Minnesota Poll released Thurs- first. That way, local interests could have Like chicken soup for a bad cold, Sen. Paul day showed that three-quarters of Minneso- still held out the threat of the Grams/Ober- Wellstone’s effort to initiate mediation over tans said they opposed the Grams/Oberstar star bills, if environmental groups showed Minnesota’s All-America land dispute can’t bills, with just 18 percent voicing support. little willingness to compromise. hurt. Seeking new approaches to settling the Compare that to the 69 percent support the As it stands today, the groups that pushed emblematic environmental arguments over poll found for the Vento bill, which further for the quick legislative fix managed to get Voyageurs National Park and the Boundary restricts motor use in the BWCAW and puts their names in the paper, but little else. And Waters Canoe Area Wilderness has attractive much of Voyageurs National Park into wil- unless they change their minds and give me- possibilities. derness status. diation a chance, they have little role to Up front, it is fair to acknowledge that the If supporters of the Grams/Oberstar bills play—other than spoilers. And worst of all, political dynamic of the situation for an in- had any illusions. about passage, or about that leaves most of their members—who I be- cumbent Democratic senator in an election Wellstone’s supposed role in scuttling the lieve never wanted anything more than the year is both deft and apparent. By bringing bills, such poll results should prompt a re-ex- right to use a truck portage or have rel- the Federal Mediation and Conciliation amination. Regardless of Wellstone’s posi- atively easy access to a permt—out of luck Service in to approach the old grievances tion, legislation garnering the support of once again. about the BWCAW and Voyageurs as profes- just 18 percent of Minnesotans was dead on sional mediation has done with other polar- arrival. [The Bemidji Pioneer, July 31, 1996] ized environmental policy cases, Wellstone Grams/Oberstar supporters might also con- MEDIATION ON THE MARK doesn’t have to alienate, for now, the Up sider the fact that a majority of Minnesotans Minnesotans are the best position to decide North Democrats or the Big City environ- agree that mediation is the best approach for a destiny for the Boundary Waters Canoe mentalists. Truth told, we’d be just as glad dealing with the dispute and don’t see Area Wilderness and Voyageurs National as most other folks to let the mediation Wellstone’s position as an attempt to duck Park. And that process, fostered by federal process carry these land-use issues into 1997, the issue. mediators, appears to be headed in the right Wellstone didn’t need to scuttle the bills. softening the tendency to frenzy sure to fol- direction. low Congress’ competing legislative ap- Despite the claims of CWCS spokespeople, U.S. Sen. Paul Wellstone, DFL–Minn., has proaches—neither of which Wellstone sup- Paul Wellstone hasn’t masterminded public taken a lot of flack for his proposal for fed- ports. opinion, or the widespread and bi-partisan eral mediation, including National Repub- We said earlier this week the delicate com- opposition to the two bills. Paul Wellstone lican Senatorial Committee pressure that didn’t prompt Third District Republican promises that created the BWCAW in 1978 Wellstone’s call allows him to completely Representative Jim Ramstead’s loud opposi- still largely make sense and do not need to duck this volatile election-year issue. be dramatically altered. tion to the bills during this week’s testi- Plans outlined this week should prove Local councils that control policy on fed- mony. And he didn’t coax Governor Arne Wellstone right. The Federal Mediation and eral lands are not appropriate whether the Carlson to oppose them either. Conciliation Service recommendations set Nor did he mastermind the Interior De- federal lands are designated as the nation’s up a framework for citizen panels for both partment’s recommendation of a presidential largest water wilderness or are Yellowstone BWCA and Voyageurs issues from more than National Park. veto of the legislation. Nor did he have to convince U.S. Senators, 200 interviews with interested parties. The If mediation can get to some of the fester- like Bill Bradley and others, who have sup- final panels will learn problem-solving tech- ing unhappiness Up North over communica- ported pro-wilderness legislation for 20 years niques and then it will be up to them—fellow tions failures between communities and the or more that they should object to the cur- Minnesotans sitting around a table deciding feds, great, Running parallel to the inevi- rent bills. There are plenty of people in what’s best for important Minnesota re- table political wrangling of trying to legis- Washington happy to speak their mind. And sources. late either expanding the wilderness or you don’t want to get between them and a Current bills in Congress would put those ceding management to county and state microphone. forces at odds—more likely creating a war forces, the mediation process is, at mini- Unfortunately, when groups like CWCS than a mediated settlement all can live with. mum, comfort food. focus the blame on Wellstone, they make Bills by GOP Sen. Rod Grams and DFL Rep. It can’t hurt to try something besides their involvement in this issue look far too Jim Oberstar obviously side with those who choosing sides and fighting it out over access political. There’s been enough politics in want little or no restrictions for an impor- to the north’s unique natural treasures. this issue already. tant natural resource, while a bill by Rep. [Wellstone Virginia, July 20, 1996] Indeed, a strong argument could be made Bruce Vento obviously sides with environ- mentally conscious Twin Citians who would TIME TO GIVE MEDIATION ITS DUE that it was the national Republican Party that scuttled any legislative deal this year, preserve both areas as their private play- (By Marshall Helmberger) by politicizing the issues through its anti- ground. With the obituaries all but written for the Wellstone attack ads. Democratic senators A recent Star Tribune/WCCO–TV Min- Grams and Oberstar bills, it should be clear made clear last week that they weren’t nesota Poll shows that most Minnesotans to most people that Senator Paul about to sign on to any deal that smelled so want federal mediators to resolve the dis- Wellstone’s mediation proposal continues to strongly like a political smear campaign. pute. They will help, but it will be Minneso- be the best hope for changes in Boundary Of course the Republicans are smart tans making the decisions and not Congress. Waters and Voyageurs National Park man- enough to know that. Those anti-Wellstone That’s the Minnesota way. agement. That has been the case for the day attack ads were the clearest possible sign the senator announced the proposal last that the Republican Congress had no inten- [The Duluth News Tribune, July 17, 1996] spring, and that fact should be that much tion of passing any Boundary Waters or VNP BWCAW BILLS DESERVE TO DIE more obvious after the recent congressional legislation. For the Republicans, this was Americans can relax more when their state hearings. little more than a chance to attack a senator legislatures and Congress are not in session. The bottom line is this: Until Minnesotans they consider to be a major thorn in their So we shouldn’t worry that intra- and inter- can reach a consensus on changes in manage- side. party disputes threaten action on bills to ment of these federal lands, legislative quick While the motivations of Representative alter Boundary Waters Canoe Area Wilder- fixes stand little chance of passage, and even Oberstar are probably more honorable, he ness policy. less chance of resolving the long-term con- nontheless should have known better than to A good case can be made for restoring mo- flicts over these areas. The Grams and Ober- raise political hopes in his supporters about torized portages, but the best long-term so- star bills would have pleased some, but guar- the chances of passage. And despite his offi- lution to the BWCAW and Voyageurs Na- anteed many more years of heated con- cial claims to the contrary, he has made tional Park disputes lies with the mediation troversy and, very possibly, even worse legis- statements critical of mediation. He should process just begun. lation in the future. Perhaps that’s why know better. Such statements provide politi- Battles over how to use these lands near prominent Minnesotans of both parties have cal cover for those who would like to sabo- the Canadian border have gone on for dec- opposed the most recent legislation. tage any mediation effort, apparently to ades: They won’t be settled by the feuding Yes, I, like many others, want to see a re- achieve their political goal of hurting measures introduced by lawmakers from turn of the truck portages. But mediation is Wellstone’s re-election. Minnesota. October 3, 1996 CONGRESSIONAL RECORD — SENATE S12349 Though the second half of 1996 has just sis or transplantation, affecting more CORRUPT BUSINESS PRACTICES.—The Presi- begun, lawmakers consider this the late than 56,000 Americans in 1992.∑ dent shall impose the sanctions described in stages of their session. So opposition by f subsection (b), to the fullest extent consist- three Democratic representatives to bills by ent with international obligations, if the fellow Democrats Reps. James Oberstar and FAIR TRADE PRACTICES ACT President certifies to the Congress that— (1) a foreign person or concern has engaged Bruce Vento seems to doom hopes for pas- ∑ Mr. SPECTER. Mr. President, on sage of any bill in this Congress. in the conduct described in section 104 of the Reps. Martin Sabo, Bill Luther and David Monday, September 30, 1996, I intro- Foreign Corrupt Practices Act of 1977, and Minge urged no action on the legislation duced S. 2165, the Fair Trade Practices such conduct has placed a United States con- that has hurt Sen. Paul Wellstone’s re-elec- Act of 1996. I ask that the full text of cern at a competitive disadvantage, tion hopes. The three lawmakers likely had the bill be printed in the Record. (2) the President has consulted with the partisan gain in mind—but also have com- The bill is as follows: foreign country having primary jurisdiction mon sense on their side. S. 2165 over such conduct in an effort to get the gov- Wellstone’s push for federal mediation of Be it enacted by the Senate and House of Rep- ernment of that country to impose sanctions the land-use disputes makes sense. Contrary resentatives of the United States of America in against such foreign person or concern, to what some partisans continue to say, me- Congress assembled, (3) a period of 90 days has elapsed since the President first consulted with the foreign diation would not let federal bureaucrats SECTION 1. SHORT TITLE. dictate a solution. Mediation will create a This Act may be cited as the ‘‘Fair Trade country, and settlement only if the parties involved agree Practices Act of 1996’’. (4) the country has not taken action against such person or concern. to it. SEC. 2. REPORT BY THE PRESIDENT; SANCTIONS. Even though the battles over best use of (a) REPORT.— The 90-day period referred to in the preced- the area have gone on a long time, many (1) IN GENERAL.—Not later than 6 months ing sentence may be extended for an addi- thoughtful parties to the dispute indicate a after the date of the enactment of this Act, tional 90 days if the President determines willingness to compromise so the can enjoy and annually thereafter, the President shall sufficient progress has been made in con- the natural wonders without worrying what submit a report to the Congress that— sultation with the foreign country to justify the other side is doing. (A) identifies foreign persons and concerns such an extension. The best hope for a solution lies with medi- that engage in foreign corrupt trade prac- (b) SANCTIONS.— ation once the 1996 election is behind us.∑ tices and foreign countries that do not have (1) IN GENERAL.—The sanctions to be im- f in effect or do not enforce laws that are simi- posed pursuant to subsection (a) are as fol- lar to the Foreign Corrupt Practices Act of lows: CLARIFICATION OF THE CREDIT 1977; and (A) PROCUREMENT SANCTION.—The United REPORTING SECTION OF THE (B) contains information regarding— States Government shall not procure, or OMNIBUS CONSOLIDATED APPRO- (i) existing corrupt trade practices of for- enter into any contract for the procurement PRIATIONS ACT eign persons and concerns; and of, any goods or services from any foreign (ii) efforts by the governments of foreign person or concern that engages in the unlaw- ∑ Mr. MACK. Mr. President, I rise countries to stop corrupt trade practices by ful conduct described in subsection (a)(1). today to clarify a provision included in private persons and government officials of (B) LICENSE BAN.—The United States Gov- the credit reporting section of the Om- those countries through enactment and en- ernment shall not issue any license or other nibus Consolidated Appropriations Act. forcement of laws similar to the Foreign authority to conduct business in the United Corrupt Practices Act of 1977. States to any foreign person or concern that Section 2403(a) clarifies existing law (2) DEFINITION OF CORRUPT TRADE PRAC- with respect to the ‘‘permissible pur- engages in the unlawful conduct described in TICE.—For purposes of this section, the term subsection (a)(1). poses’’ for which a consumer report ‘‘corrupt trade practice’’ means a practice (2) WAIVER.—Any penalties or sanctions may be obtained under the Fair Credit that would violate the prohibition described imposed under this section may be delayed Reporting Act. The provision estab- in section 104 of the Foreign Corrupt Prac- or waived upon certification of the President lishes that purchasers and servicers are tices Act of 1977 if engaged in by a domestic to Congress that it is in the national interest permitted to review a borrower’s credit concern. to do so. (b) SANCTIONS.— (c) DEFINITIONS.—For purposes of this sec- report in connection with the decision (1) IN GENERAL.—If the President deter- tion— of whether to purchase a loan obliga- mines that a country identified in subsection (1) FOREIGN CONCERN.—The term ‘‘foreign (a)(1)(A) is not making a good faith effort to tion and/or its servicing. This allows a concern’’ means any corporation, partner- enact or enforce the laws described in sub- purchaser or other investor to value ship, association, joint stock company, busi- section (a)(1)(B)(ii), the President is author- more accurately a portfolio of loans ness trust, unincorporated organization, or ized and directed to impose the sanctions de- based on the current credit character- sole proprietorship which has its principal scribed in paragraph (2). place of business in a country other than the istics of the borrowers of the underly- (2) SANCTIONS DESCRIBED.— ing obligations. Servicers can also use (a) REDUCTION IN FOREIGN AID.—Fifty per- United States, or which is organized under the information to better value servic- cent of the assistance made available under the laws of a country other than the United ing rights that they are considering part I of the Foreign Assistance Act of 1961 States. and allocated each fiscal year pursuant to (2) FOREIGN PERSON.—The term ‘‘foreign purchasing. In addition, the provision person’’ means any individual who is a citi- would allow a current loan insurer to section 653 of such Act for a country shall be withheld from obligation and expenditure for zen or national of a country other than the use credit reports in assessing its exist- any fiscal year in which a determination has United States.∑ ing risk. By reducing uncertainty in been made under paragraph (1) with respect f the secondary markets, I am hopeful to the country. that consumers will be well served by (B) MULTILATERAL DEVELOPMENT BANK AS- FAMILY-FRIENDLY DELAWARE lower prices. I thank the Chair for this SISTANCE.—The United States Government COMPANY HONORED opportunity to elaborate upon this shall oppose, in accordance with section 701 ∑ Mr. BIDEN. Mr. President, in this of the International Financial Institutions time of two-worker households, work- small provision.∑ Act (22 U.S.C. 262d), the extension of any f loan or financial or technical assistance by ing parents are increasingly faced with the difficult task of balancing work THE NATIONAL INSTITUTES OF international financial institutions to any country described in paragraph (1). and family. HEALTH (c) DURATION OF SANCTIONS.—Any sanction Every day in this country, families ∑ Mr. SIMON. Mr. President, I submit imposed against a country under subsection must find a way to meet the challenges for the RECORD the following correc- (b)92) shall remain in effect until such time that await them at home after a long tions to the text of S. 1897 (Report No. as the President certifies to the Congress day on the job. Some days it seems im- that such country has enacted and is enforc- 104–364): ing the laws described in subsection possible to maintain a career while try- Sec. 635. (a)(3) Diabetes is the sixth (a)(1)(B)(ii). ing to figure out a way to get the shop- leading cause of death by disease in (d) WAIVER.—Any sanctions described in ping done, put dinner on the table and America, taking the lives of more than subsection (b) may be delayed or waived pick up the kids at soccer practice. 169,000 people annually. upon certification of the President to the That is why today, Mr. President, I Sec. 635. (a)(5) Diabetes is the leading Congress that it is in the national interest to am proud to stand here to announce cause of new blindness in adults 20 to do so. that Delaware companies are taking SEC. 3. SANCTIONS AGAINST PERSONS AND BUSI- 74 years of age. NESS ENTITIES. the lead and making it easier for work- Sec. 635. (a)(6) Diabetes is the leading (a) IMPOSITION OF SANCTIONS ON FOREIGN ing parents to balance their careers cause of kidney failure requiring dialy- PERSONS AND CONCERNS ENGAGING IN CERTAIN and families.