May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10341 HOUSE OF REPRESENTATIVES-Monday, May 16,1994

The House met at 12 noon and was H.R. 2440. An act to amend the Independent brought into this country for the Food called to order by the Speaker pro tem­ Safety Board Act of 1974 to authorize appro..: and Drug Administration trials. I will pore [Mr. MONTGOMERY]. priations for fiscal years 1994, 1995, and 1996. include in the RECORD a letter from a and for other purposes. family I helped get RU 486 2 years ago. The message also announced that the DESIGNATION OF THE SPEAKER This was a man who had · many sur­ Senate agrees to the amendment of the geries for brain tumors and they told PRO TEMPORE House to the bill (S. 2024) "An Act to The SPEAKER pro tempore laid be­ provide temporary obligational author­ him he would be dead in several fore the House the following commu­ ity for the airport improvement pro­ months if he could not get RU 486. That nication from the Speaker: gram and to provide for certain airport was his last hope of stopping the growth of the tumor. WASHINGTON, DC, fees to be maintained at existing levels May 16, 1994. for up to 60 days, and for other pur­ The letter said that he had just had I hereby designate the Honorable G.V. poses" with an amendment. his MRI and the tumors are all gone. (SONNY) MONTGOMERY to act as Speaker pro The message also announced that the Thank goodness we will no longer have tempore on this day. Senate agrees to the Report of the the kind of restrictions that were on THOMAS J. FOLEY, · Committee of Conference on the dis­ when I was trying to get it and had to Speaker of the House of Representatives. agreeing votes of the two Houses on have congressional intervention to get the amendment of the Senate to the it. Progress is beginning again for PRAYER resolution (H. Con. Res. 218) "Concur­ American women and everyone else. The Chaplain, Rev. James David rent resolution setting forth the con­ gressional budget for the United States The letter referred to follows: Ford, D.D., offered the following ANDERSON ADVISORY , INC. prayer: Government for the fiscal years 1995, 1996, 1997, 1998, and 1999.". Atlanta, GA, May 6, 1994. 0 gracious God, we remember with Representative PAT SCHROEDER, great praise those who have dedicated The message also announced that the Senate agrees to the Report of the U.S. Congress, Rayburn House Office Building, their lives by alleviating the pain of Washington, DC. the neediest among us. For those who Committee of Conference on the dis­ agreeing votes of the two Houses on DEAR PAT: David and I wanted you to know feed the hungry, provide shelter to that RU-486 has erased any sign of the four homeless, protect those who are most the amendments of the House to the bill (S. 636) "An Act to amend the Pub­ brain tumors David had when we met you in vulnerable, heal those who are ill, and July, 1992. who encourage those who are weak, we lic Health Service Act to permit indi­ viduals to have freedom of access to David had an MRI yesterday after which express our appreciation. With thanks­ we met with the doctor and received this giving we recall the many volunteers certain medical clinics and facilities, and for other purposes.". wonderful news. The side-effects are minimal who use their abilities and time in a The message also announced that the (certainly less than those of his three sur­ ministry of service so that hope will be geries). Our family is living a normal, pro­ Senate had passed bills and a joint res­ ductive (and grateful) life. reborn and shattered lives given solace olution of the following titles, in which and cheer. Bless all those good women We continue to thank you, Representative the concurrence of the House is re­ Wyden and your staffs for making this life­ and men who see in needy people Your quested: divine image and Your eternal mark. saving medicine available. S. 720. An act to clean up open dumps on Sincerely, In Your name, we pray. Amen. Indian lands, and for other purposes. S. 1935. An act to limit the acceptance of DIXIE ANDERSON GROW . gifts, meals, and travel by Members of Con­ THE JOURNAL gress and congressional staff, and for other The SPEAKER pro tempore. The purposes. Chair has examined the Journal of the S.J. Res. 190. Joint resolution to designate THE FEDERAL RESERVE AND THE last day's proceedings and announces May 15, 1994 , National Peace Officers Memo­ rial Day. FEDERAL OPEN MARKET COM­ to the House his approval thereof. MITTEE Pursuant to clause 1, rule I, the Jour­ nal stands approved. MEDICAL CENSORSHIP HAS BEEN The SPEAKER pro tempore. Under LIFTED IN AMERICA the Speaker's announced policy of Feb­ PLEDGE OF ALLEGIANCE (Mrs. SCHROEDER asked and was ruary 11, 1994, and because there is no given permission to address the House designee of the minority leader, the The SPEAKER pro tempore. The for 1 minute and to revise and extend gentleman from Texas [Mr. GONZ..A_LEZ] Pledge of Allegiance will be offered by her remarks and include extraneous is recognized for 60 minutes as the des­ the gentlewoman from Colorado [Mrs. matter.) ignee of the majority leader. SCHROEDER]. Mrs. SCHROEDER. Mr. Speaker, this Mrs. SCHROEDER led the Pledge of Mr. GONZALEZ. Mr. Speaker, as I is indeed a great day. Medical censor­ have said repeatedly, the central deci­ Allegiance as follows: ship has really been lifted in America. I pledge allegiance to the Flag of the sionmaking committee of the Federal As Americans, we anticipate and ac­ Reserve is the Federal Open Market United States of America, and to the Repub­ cept our birthright of always being lic for which it stands, one nation under God, Committee. It is here, since about 1923, indivisible, with liberty and justice for all. able to have access to the best sci­ the Federal Reserve Act of 1913 cer­ entific knowledge for treatment of our tainly did not provide for that, but a health issues. Yet, anything that had lot of things have happened since the MESSAGE FROM THE SENATE any impact on reproductive areas of A message from the Senate by Mr. enactment of that law and the creation women, no matter what kind of impact of the Federal Reserve Board. Hallen, one of its clerks, announced it had in other areas, had been forbid­ that the Senate had passed with an den to come into this country for a Today, Mr. Speaker, we would think amendment in which the concurrence very long time. that the Federal Reserve Board was of the House is requested, a bill of the Today, Mr. Speaker, the agreement sent from heaven, wilth no responsibil­ House of the following title: was finalized and RU 486 will be ity to anybody, but one thing for sur" ,

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 10342 CONGRESSIONAL RECORD-HOUSE May 16, 1994 not to be accountable, either to Con­ So, Mr. Speaker, even though they power of determining the fate of the fi­ gress or the President. The Federal boast today openly, all those years nancial and economic well-being of a Open Market Committee, "open mar­ they refused to accept that responsibil­ whole country? Why, of course not. We ket" does not mean it is an open com­ ity. But they can determine the fate of can forget about it. Not willingly. Is mittee. It is closed doors, absolutely, an administration by simply determin­ the Congress going to rise? I hope, I al­ strict secrecy. Of course, it has the all­ ing what it is they will pay, that is, the ways pray. powerful determination of what your bankers, because the Federal Reserve Mr. Speaker, five of the members of standard of living is or is going to be or Board is private. It is a corporation. this Federal Open Market Committee is currently being determined, and has The Congress does not have any stock who discussed and voted to authorize been for some couple of decades, and in it. The President does not have any these lines of credit and permanent that is certainly, too, the advantage of stock in it. The stock is owned by the loan facilities to foreign countries have the traditional American standard of commercial banks and the members of never been confirmed by the Senate living that we have always boasted of. the Federal Reserve Board System. and, therefore, are not constitutional It is the one that determines the fate They can determine the price of treas­ officers, even if by strict legal defini­ of an administration. uries and thereby in effect have such tion such were the case. They were se­ Members may think, as some citizens rippling effects as interest rates and lected by the 'directors of the Federal have written, very learned and experi­ determine the fate of an administra­ Reserve banks, two-thirds of whom are enced corporate heads who themselves tion. elected by private commercial bankers, have been involved in very, very effec­ Mr. Speaker, actually this has hap­ and there is and always has been seri­ tive and long-reaching financial trans­ pened. It happened in 1972, it happened ous doubt · about the Fed's unilateral actions, both nationally and inter­ nationally, and they keep calling and again in 1980 when the prime interest claim to the power to make these rate went to the incredible rate of 21 deals. writing and saying, "But we always as­ percent. Mr. Speaker, I have voiced that since sumed that the Congress would be Mr. Speaker, all history, as I have we first heard of such things as swaps. there and would not have relinquished said repeatedly, shows that there is not its total oversight jurisdiction, and On April 26, the Federal Reserve joined vested this so-called board with such one society that has survived usury. with the Treasury Department to es­ powers." And if 21 percent prime interest rate is tablish a permanent trilateral foreign For many, many years past, and not usury or an extortionate interest exchange, what they will call swap fa­ more recently on several repeated oc­ rate, then I do not know what the defi­ cility with the Governments of Mexico casions, I have given my colleagues the nition of usury is. and Canada. This international loan fa­ intricacies of what is the Federal Re­ Mr. Speaker, this forceful buy mys­ cility should be of the utmost impor­ serve Board. It is not a government terious body known as the Federal tance to U.S. taxpayers whose taxes body, it is a creature of the private Open Market Committee recently es­ have been and continue to be placed at commercial banking system. I have tablished a formal trilateral facility risk by these foreign exchange inter­ gone into that before, so I will not re­ with two foreign governments that in­ ventions, foreign loans and lines of peat it. It simply amazes me how many valves granting foreign loans and lines credit to foreign countries. of my colleagues and how many citi­ of credit. The Constitution says that Mr. Speaker, who determines what zens of great position seem to be sur­ only the Congress can do that, not even country? These gentlemen who account prised that actually there is no ac­ the President, only the Congress. That to nobody except their own interest. countability. It can determine the fate is what is wrong with this so-called tri­ It is important to understand just of an administration simply by such lateral setup. And what is wrong is the what this recent $6 billion swap facility things as interest rates. funds have never been appropriated, for Mexico entails for which the Fed It is very interesting to me, I have nor authorized, by the U.S. Congress. pledges of that amount, the Fed's part, been on the Committee on Banking, Fi­ This is where so many of these cor­ even through they announced their $6 nance and Urban Affairs, which used to porate heads just in the last 10 days billion guarantee several weeks ago, be known as the Committee on Bank­ have communicated their shock. They they have actually under this agree­ ing and Currency, and since 1975 has were not award of that. ment pledged $3 billion to benefit Mex­ been known as the Committee on How many of my colleagues think ico. However, if the Mexican Govern­ Banking, Finance and Urban Affairs, that there are interest rate controls or ment wanted $6 billion in United since I came to the Congress 321/z years usury laws? On the national level, we States currency tomorrow and went ago. have not had any since the National into the market to buy United States Up until just relatively recently, no Currency Act of 1865, which inciden­ dollars with pesos, the price of pesos more than 8 years, every Federal Re­ tally was foremost in Abraham Lin­ would fall and it is unlikely they could serve Board Chairman that would ap­ coln's mind when he was shot. He knew make the trade at current exchange pear before the committee would say what was coming. But can my col­ rates. A guarantee of the transfer at that they had nothing to do with con­ leagues imagine any of my prede­ any time at current exchange rates is a trolling interest rates, that those cessors, at the beginning of my career, guarantee of a substantial subsidy to things were the result of, and they con­ the chairman then thinking that inter­ the Mexican Government. When acti­ sistently repeated it, the profligacy of est rates would even reach, prime in­ vated, the $6 billion swap formally Congress and the market, so-called. terest rates over 7 percent, much less transfers this subsidy to Mexico. Now they not only admit it, they brag 20 percent and 21 percent? Why, they A week ago, I brought on my col­ about it. would have and I am sure they have leagues, "Now, here it is." This use, I The truth of the matter is, as I have say illegal and unconstitutional, of pointed out, in a brief hearing before turned over in their grave 50 times. But not today. taxpayers' money could be so easily the committee, to the immediate pred­ The truth of the matter is, my col­ found in the range of billions. Yet just ecessor Chairman of the Federal Re­ serve Board, Paul Volkmer, I asked leagues, as optimistic as I . am inher­ 3 years ago that great historic State of him, "Isn't it a fact that today we no ently, I think the time is long gone Rhode Island was facing bankruptcy longer can control those forces that are where through the ordinary course of and the banks were closed and the now external to our shore that actu­ events the Congress is going to regain credit unions were closed and the sav­ ally, no matter what we do domesti­ power. Power, as Frederick Douglass ings and loans were closed and we had cally, will determine such things as in­ said, never yields except on demand. It a hearing in May of 1991 and we had a terest rates?" never has and it never will. Do we thousand of these Rhode Islanders, el­ think these vast financial and banking derly, there had been an increase of al­ 0 1210 and corporate oligarchs and plutocrats most 50 percent in the relief rolls be­ And he acceded to the paint. are going to yield this tremendous cause most of the elderly had their May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10343 pension resources, which is what was something that I have discussed at This was done without congressional keeping them tied up. The great sov­ great length before, so I will not extend authorization. ereign State of Rhode Island only need­ it. William McChesney Martin, who was ed a line of credit so that it could issue Now, one of the most important ob­ the Chairman of the Federal Reserve at bonds. jectives of the legislation I have intro­ that time, did not want to formally ask Mr. Speaker, I tried to get the Fed, duced known as H.R. 28, the Federal the Congress for authorization, because and they have the power, to do it. Did Reserve System Accountability Act of he said the Federal Reserve did not they do it? Why, they would not even 1993, is to increase the Federal Re­ know what it needed, and I am going to discuss it. serve's accountability to the public. quote. The Congress probably would I tried to get the other entities, the Knowing how individual members of not want to put itself in the position of FDIC and the like, and not a word. So the FOMC decide on different issues approving something if the Federal Re­ we had to come back. And on June 28 in serves to improve the public trust and serve was not clear about its wishes in the Committee on Banking, Finance enhances the ability of the Federal Re­ the matter. That is reflected in the and Urban Affairs, to the glory of each serve to carry out appropriate mone­ minutes of the FOMC, the Federal Member, we passed out a line of credit tary policy. Open Market Committee, of February guarantee program so that Rhode Is­ I congratulate Chairman Greenspan 13, 1992. Chairman Martin notified the land could pledge its revenues from the and his colleagues on the Federal Open Congress of the Federal Reserve's in­ sales tax to guarantee the issuance of Market Committee for taking the im­ tention to establish the swap fund, but the bonds and pay back, or never have portant step of properly releasing re­ he did this not openly but by burying it to use that guarantee from the govern­ cent monetary policy decisions, just re­ in a nine-page speech he gave January ment. But we had to do it when it did cently and again under pressure. Now, if the Fed would only take the 30, 1962, to the Joint Economic Com­ not require legislation. It could have mittee. He mentioned in his testimony been done by these same powerful oli­ next step of making complete tran­ scripts of its eighth annual FOMC that the Federal Reserve Bank of New garchic entitles that find it easy to meetings promptly available to the York, acting as an agent for the Treas­ provide billions for foreign govern­ public, people can know when and why ury, had used the Treasury's exchange ments but not for one of our own sov­ the Federal Reserve is using taxpayers' stabilization fund, the fund on which ereign States. money for foreign-exchange interven­ the Federal Reserve's swap fund is My colleagues, I think that is not tion, foreign loans, and lines of credit based, for operations not previously only shameful, I think it is criminal to foreign countries, at least that undertaken since World War II with and it is a direct challenge to use who much; we will be able to hear the dis­ the aim of "defending the dollar from have been elected by the people to rep­ cussion why, what were the reasons, speculative forays." resent their interest, not the bankers, what were the Members who had dif­ I think I was the only one in the Con­ but their interest for us not to rise as ferent ideas, and how many of them gress that mentioned that there was one and protest and correct and reform spoke up. I think that is important for such a thing as speculation, but in 1962, and handle it in the way the Constitu­ us to know, not that it changes the in the 1960's in fact, who much thought tion says it should be done. basic responsibility of this power to that that big tide after the war period D 1220 lend falling within the constitutional of well-being would ever end? And that In truth, the so-called guarantee is a mandated authorization and appropria­ America was the richest country in the loan of United States dollars to Mex­ tion processes. world, and the only one, even then, we ico, collateralized by pesos. There is no Now my colleagues, you may not re­ were unaffected with that virus, and denying that giving U.S. dollars to a alize this, but the Congress never gave nobody paid much attention. It was foreign government with conditions for the Federal Reserve approval to estab­ certainly no concern. repayment is simply a loan for U.S. lish what has today become a $30 bil­ But there were two things that hap­ dollars. lion swap fund. This amount that the pened that were clear signals. Right In a May 9, 1994, letter I received Fed has amounts to $30.1 billion. Why, after 1960, the trade account for the from the Federal Reserve Chairman, that amount of money would take care first time showed a deficit of $10 bil­ of all of our housing programs that we lion. I spoke out and said the reason Alan Greenspan, he asserted there is no have not been able to fund and appro­ exchange-rate risk since the loan is for that was simple. There were tre­ priate for, just that amount. mendous watershed periods of change scheduled to be repaid at the initial ex­ But this is their reserve for foreign change rate and interest can be earned since 1950, and I gave some statistics. countries. Which ones? Depends. We do Then I said in 1950, the late 1940's and on foreign currencies held. However, not know expect now and then, like default risk, the probability of failure 1950, the United States truly was pro­ when they released the $6 billion ar­ ducing almost 80 percent of the world's to repay, is not eliminated. rangement with Mexico, or at least the A guarantee of a line of credit, such needs, but by 1960, it was not even 40 line of credit. percent, and today it is not even 19 per­ as the $3 billion rate now available to Chairman Greenspan's response to Mexico, places United States tax­ my letter on May 9 raises even further cent. payers' funds at risk in the event of de­ doubts about the legality of the Fed­ So naturally sooner or later, I said fault. That is why I am asking the Fed­ eral Reserve's use of these appropriated then, things are going to have to hap­ eral Reserve to provide full details of funds that are used to make loans to pen for us to foresee, plan ahead, and all its foreign-currency operations in­ foreign governments and to extend to see how we can anticipate these forces cluding completed Federal Open Mar­ them lines of credit. The Federal Re­ that will eventually turn us around. ket Committee transcripts where these serve's periodic forays into foreign pol­ Also, the emergence in the 1960's of important international currency ar­ icy by way of its swap fund is certainly the megacorporate, international, or rangements are discussed. These tran­ an issue that should be of immense translational institutions; I spoke out scripts have not been available. In fact, concern to the Congress. on the RECORD. It is not what I am say­ when we had that historic meeting last The Federal Reserve began its for­ ing now. Of course, at that time no­ October and had all the Presidents and eign-currency operations in 1962, and body used special orders on the floor. Governors, they attempted to deceive ever since then; now 1962 was President You could write them out, submit the committee and thereby the Con­ Kennedy, and I was abroad here, and I them for the RECORD, and they would gress, and we discovered that they had raised my voice then. Of course, I was be printed as if you had uttered them. been keeping these transcripts. relatively a freshman, and you cer­ I never thought that was the intent of But do they want to make them tainly were supposed to be seen and not what got to be called specials orders, available to the representatives of the heard even at that time, but I always but which is not the technical word for people? Absolutely not. And that is have spoken out. it. 10344 CONGRESSIONAL RECORD-HOUSE May 16, 1994 D 1230 be no assurance, in the absence of leg­ But in 1984 the Continental/Illinois I came to the floor, made the speech, islation." and I repeat, "in the absence went under, and it took, as I found out and it is in the RECORD. I pointed out of legislation, that it would not be later, $6 billion of the Fed-and that is that the United States, by necessity, criticized from some sources on legal taxpayers' money-to shore things up. since there were nations arising in Eu­ grounds." Now, the reasons why that crisis were rope and Asia that would soon supplant The general counsel goes on to say: first underlying causes and then imme­ Consultation with banking and currency diate causes-the immediate cause was and compete with the United States­ committees admittedly the question is de­ but that is history, but I am giving you that the Continental/Illinois had batable, particularly in view of the 1933-1934 changed from its old conservative, I this part of the history as to the gen­ position of the board. Moreover, it may be esis or the beginning of this so-called noted that in 1932, Senator Carter Glass had would not use the word conservative, SWAP. Now, it is interesting, but at criticized certain foreign operations of the but frugal and pruden~ methods and that time the chairman of the Federal Federal Reserve Bank of New York which went into competition with the New Reserve Board realized what the law might be considered similar to those now York international banks, thinking says. Why? That first chapter of the contemplated as being contrary to law. Sen­ that they were going to be No. 1. In ef­ ator Glass suggested that such operations fect, the year before it went under, it first section of the Federal Reserve Act were inconsistent with the Federal Reserve of 1913 says the Federal Reserve shall was rated the No. 1 bank. And when it Act. did so, it exposed itself, as our whole be the fiscal agent of the U.S. Treas­ And I say certainly with respect to ury. Now, at that time and until, country is exposed today. The Treas­ the Constitution. The general counsel ury, which just until recently the Jap­ again, the 1960's, in fact President Ken­ of the Federal Reserve said: nedy, during his brief but inspiring pe­ anese owned two-thirds of our Treas­ In view of the uncertainties as to the con­ ury, of our debt, and in direct acquisi­ riod, restored and therefore you could struction of the law and the history of this in 1961, 1962, 1963, you could dig into matter, it might be desirable, before insti­ tion of assets and indirect acquisition your pockets and if you took out five tuting the plan now proposed, to inform the of assets, we hear a lot about the Japa­ $1 notes, the chances are at least two Banking and Currency Committees of the nese, but Great Britain has 21J2 times of those were U.S. Treasury notes. Congress. more than the Japanese and that is in­ Today you look at your $1 bill, $5, $10, So the Fed notified Congress, well, in clusive of banking. $20, and it says "Federal Reserve" a speech, as I said earlier. As I have In fact, in California, the Japanese notes, meaning the Federal Reserve is noted, Chairman Martin tried his best banking interests own over 25 percent. the one that is printing our money. to play down the Fed's plan to estab­ This is the reason why I had the only That is the commercial bankers, not lish a SWAP fund when he testified be­ hearings any committee really had on the U.S. Government. fore the Congress. The extent of the pertinent sections of the so-called So, lo and behold, as the law says, Fed's obfuscation is illustrated by the NAFTA Agreement, the ones that we the Federal Reserve shall be the fiscal fact that the Fed never asked the Con­ held, three, three hearings. agent of the Treasury, and it is now the gress for enabling legislation. Why not? D 1240 The idea was to go ahead with as little Treasury's fiscal agent or just agent or We were totally blanked out by the the handmaiden of the Federal Reserve fuss as possible, which is always the ar­ gument given to us; act quick, fast. press. They did not report it, did not Board. cover it and did not want to go into it. But it is interesting that in 1962 I have always said that fast Govern­ ment can be dangerous Government. If But it was very disturbing, and in Chairman Martin said, "Well, we are those hearings we brought out more going to act as the agent for Treas­ Congress did not pick up on the impor­ tance of the deal, so much the better, than several things, and that was that ury," which has the so-called stabiliza­ the so-called Free Trade Agreement tion of SWAP fund. At that time, then­ for in the Fed's eyes silence would amount to consent, and the idea was had very little to do with trade. Over 90 Congressman Richard Bolling of Mis­ percent of it is the power that the big souri asked Chairman Martin to ex­ not to wake any sleeping watchdogs. There was not unanimity, though, at banks in our country-that was the lo­ plain. What? Because Congressman comotive. It was chapter 14 informa­ Bolling was on the Joint Economic the Federal Reserve for that decision to establish a SWAP fund. During the tion which· we had the hearings enti­ Committee. Chairman Martin replied tled, "Banking and Finance to the Port this way, and I quote: 1962 Federal Reserve meetings, one of the Federal Reserve Board governors, ofNAFTA." I want to make clear, Mr. Bolling, that the The big banks, where Mexico has an Federal Reserve is not anxious to engage in J.L. Robertson, expressed concern this type of activity. The Treasury stabiliza­ about the proposed establishment of exposure of over $80 billion, it has not tion fund has experimented with this kind of this fund. Chairman Greenspan has even been able to pay the interest. It operation since March of this year in a very been trying to play down the extent of has had to roll over the interest. These small way, and we have come to the view Governor Robertson's concerns. In his banks thought, boy, we get NAFTA that however we should require these cur- May 9th letter to me, Chairman Green­ pushed through, and, when it is in rencies. span depicts the dissent at the Feb­ place, Mexico will be able to pay us $10 And it is not possible to spell out ruary 13, 1962, FOMC meetings as the billion a year. here, "what we are aiming at is to keep expression of mere reservation. I dis­ Well, it is illusory. Why? Because in the speculators from unseating us." agree with that interpretation. opening it up for the American banks, That was the Joint Economic hearing During that meeting, Governor Rob­ and it will be a few, it also, for the first of 1962, pages 181 and 182. ertson asked if there were any advan­ time, is now apparent that in the Unit­ Chairman Greenspan has attached to tages aside from the Federal Reserve's ed States we have subsidiaries of for­ his May 9, 1994, letters, a document unlimited pocketbook-and by the eign banks, as we brought out, that prepared by the Federal Reserve gen­ way, that reminds me, at the time in still needs a Congress to act. Our com­ eral counsel, who at that time was 1984 that the Continental/Illinois Bank mittee is still acting on BNL, BCCI, be­ Howard Hackley. This document, dated went under, and incidentally the Con­ cause it shows a vulnerability to these November 2, 1962, is entitled " Legal As­ gress and our committee, unfortu­ foreign m·onies and activities of our pects of Proposed Plan for Federal Re­ nately, never did go in~o that to estab­ system, and, believe it or not, NAFT A serve Operations and Federal Cur­ lish the underlying cause. It was a har­ is supposed to be a regional-maybe rencies." It states with respect to the binger of the crisis that still continues Western Hemisphere, so we will have Federal Reserve's proposed SWAP fund, to confront us in the financial and, after GATT, which will be known as a and I am going to quote, "This matter with reference to my concern, the in­ world trade organization after a is admittedly subject to a question, sured depository institutions. Why? Be­ while-will give the Asia, Japanese, et and while it is unlikely that the plan cause those are the ones that the tax­ cetera, block the European Community would be challenged in court, there can payers' guarantee stands behind. block and, of course, the United States May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10345 Western Hemisphere. But Japan has if there were any advantages, aside The legislation I have introduced, the been coming in, as well as France, and from the Federal Reserve's unlimited Federal Reserve System Accountabil­ other countries in Latin America, like pocketbook, and this is what Paul ity Act of 1993, significantly increases they did before World War II. Volcker had in mind: I will use every congressional oversight of the Fed So, NAFTA is supposed to ensure the resource this country owns, every re­ without tampering with any of its hegemony of banking and financial ac­ source. For what? To save the privi­ independence in such things as deter­ tivity, but, lo and behold, I have news leged bankers from their folly? mined monetary policy, not at all. for my colleagues: Since you did it in Mr. Speaker, I ask, "Wouldn't it be In fact, even a distinguished member secrecy, the Congress for the first time nice if other businessmen who lost out of the committee, the ranking minor­ conceded and delegated what I consider because of something they couldn't ity member, says, whether he agrees or to be nondelegable constitutional control in the market could have the not, that my position is relatively power. Wait and see. Time will tell. same provision? Keep them in business mild, that there is nothing radical But in the meanwhile the Japanese even though they failed? about it. Of course it is not, unless we banks, through their subsidiaries in Governor Robertson opposed the Fed­ are willing now to say that if you stand the United States, have found a way to eral Reserve's entry into the operation up to have accountability to the people get into Mexico. That, my friends, is partly on legal grounds. His objections who elected us, I say to my colleagues, what we were trying to bring out in were very strong, as revealed in the is being radical, unless we are ready to order to have a full evaluation of this minutes, not like Chairman Greenspan say that we will unconstitutionally agreement that was reached in total is trying to pawn them over now. At delegate the nondelegable power man­ secrecy. the February 13, 1962, board of gov­ dated only by the Constitution as the Who wrote that agreement? NAFTA? ernors meeting he voted against power to declare war, the power to coin Can any of my colleagues mention the amending regulation and to authorize our money, and the power to determine participants? I say, "No, you can't." the Federal Reserve to conduct a the value thereof. That is vested only We brought that out in one of those planned foreign exchange operation. in the Congress, and there were good three hearings. Only after that authority was passed, reasons for that. But also going back to 1984, this is giving away the boys' authority to the But until we address this question, the hubris, this is the spirit of power, FOMC, did he join with the majority the Congress has abdicated its power. total, incontrovertible and unquestion­ later in the day at the FOMC meeting. Anyone who believes in an open ac­ ing power, that these folks demand and His opposition was indeed much more countable government should and, I get from the Fed, and have gotten. telling than having mere reservations hope, will join me in finding these Fed­ After that we had a brief hearing, and should be reviewed by present imposed restrictions an outrage. I have after Continental went under. It went FOMC members and others interested asked and I have pleaded with my col­ under because immediately a little in the way the original swap facility leagues to join me in this effort. The shopping mall bank in Oklahoma had a came into existence. American people have every right to get up and go 28-year-old, and he came Chairman Greenspan sent the Com­ complete accountability. to Continental and was able to evade mittee on Banking, Finance and Urban Of course, there have always been the time-honored limitation in bank­ Affairs a list of 60 institutions which two schools of thought throughout ing where no one bank can lend more the Federal Reserve Bank of New York mankind's experience with govern­ than 15 percent with resources to any transacted foreign exchange business ment-those who believe that unless one borrower. Well, this old smart boy, for U.S. monetary authorities since there was a select group chosen be­ whiz kid, he was able to come to dif­ 1989. I would like to know how these in­ cause of superior ability to tell the ferent layers of the Continental Illinois stitutions are selected and what safe­ people what was good for them, why, and far exceed that. Then when the oil guards are in place to prevent the re­ no good would come of it and you depression hit, he could not pay. Con­ lease of exploitable inside information would not have law and order. tinental began to suffer some ques­ about foreign currency operations, Then you have the other school of tions. The word went out into the for­ which incidentally is one of the biggest thought that says, no, that maybe in eign press, and soon the Japanese and worldwide gambling casinos in oper­ the short run people will make mis­ the German investors pulled out $8.3 ation on the so-called futures ·on inter­ takes but in the long run the people billion in 3 days. Boom went the bank. national currency, worth and trans­ are the better judges as to what is good Fed came in with $6 billion. . . actions, and I have spoken out on that or best for them. And that has been at So, when Mr. Chairman Volcker before so I will not repeat it today. the core of the American idea of gov­ came before us I asked him one ques­ But I want to know how these insti­ ernment. tion: Well, you say that the reason you tutions are selected, at 60 since 1989. Is But we are now insuring ourselves to did that is because you're not going to this information insiders could learn the European continental concept of suffer. Because of the ripple effect any about and then make a profit from, as accepting their idea with contentment large bank could go under. Now sup­ happened in the other section where in the midst of poverty and abdicating pose you have two or three more of the Federal Reserve has this privileged our ability to govern ourselves to some these? select group in the case of these secu­ of these exclusively selected higher He said: "I don't care. I will use rity bankers buying Treasury bills and beings, the bankers, to tell us how they every resource of this country to save where we had the big steel buy the big are going to struggle in our behalf, and them." firm out of New York less than 2 years in secret. They are so proud of this I say: "Now isn't that wonderful, to ago. What happened after that? Did that they do it all in secret. have that tremendous, unheard of, un­ they ever pay that money, about $2 bil­ No, I say the time is upon us. It is precedented in the annals of human lion, the Treasury lost on that gam­ later than we think, I say to my col­ history, power, to have these private bling? No, they did not. leagues, and I ask them to join me in banketeers through bad judgment, bad this legislation. There are these power­ banking, be able to be shored up by the 0 1250 ful banking lobbyists who have written taxpayer and saved from their folly? They were fined about $200 million. it off for this Congress, but I am going And then there was born this so­ With this a distinct possibility, can we to try and will keep on trying as long called too-big-to-fail doctrine. I could be confident that the Fed is really as I am discharging this responsibility. not persuade the chairman at that minding the store? After all, we have Even as I have had the responsibility time to have followup hearings and already seen how bond traders could before, I still have this responsibility. challenge that power. Absolutely not. and did abuse their privileged position The bill also requires the General Ac­ So I must say, by way of parenthesis, in what I just referred to, the Treasury counting Office, the only arm we have that, when Governor Robertson asked bond market. in Congress, to oversee the executive 10346 CONGRESSIONAL RECORD-HOUSE May 16, 1994 branch, to scrutinize certain Federal quests for information. This is of utmost im­ such operations were inconsistent with the Reserve operations, including those of portance to the U.S. taxpayers whose taxes Federal Reserve Act." the Swap Fund. The Fed lobbied Con­ have been and continue to be placed at risk The Federal Reserve General Counsel said: by these foreign exchange interventions, for­ "In view of the uncertainties as to the con­ gress in 1978 so that the GAO would not eign loans, and lines of credit to foreign struction of the law and the history of this be allowed to investigate a swap. We countries. matter, it might be desirable, before insti­ came very close in 1978, but not quite, It is important to understand what this re­ tuting the plan [to start a Federal Reserve and the Federal Reserve, through its cent $6 billion swap facility for Mexico en­ swap fund) now proposed, to inform the bank members and lobbyists, really tails. If the Mexican government wanted $6 Banking and Currency Committees of Con­ worked it over. billion in U.S. currency tomorrow and went gress.'' Anyone who believes in an open and into the market to buy U.S. dollars with Federal Reserve Chairman William pesos, the price of pesos would fall and it is McChesney Martin did not want to formally accountable government will join me. I ask the Congress for authorization because repeat, in protesting and correcting unlikely they could make the trade at cur­ rent exchange rates. A guarantee of the the Federal Reserve did not know what it these injustices. I hope that I can elicit transfer at any time at current exchange needed and "the Congress probably would the support necessary on H.R. 28. I rates is a guarantee of a substantial subsidy not want to put itself in the position of ap­ have a fairly good number of members to the Mexican government. When activated, proving something if the Federal Reserve of the committee, but we are going to the $6 billion swap formally transfers this was not clear about its wishes in the matter" (paraphrased FOMC minutes, February 13, subsidy to Mexico. It is a loan of U.S. dollars have to have a definite majority to get 1962, p. 79). Chairman Martin notified the it out of committee. to Mexico collateralized by Mexican pesos. Congress of the Federal Reserve's intention This so-called central bank known as There is no denying that giving U.S. dollars to establish the swap fund by burying the in­ the Fed should no longer have the abil­ to a foreign government with conditions for formation in a nine-page speech he gave on ity to arrogate to itself new powers and repayment is a loan of U.S. dollars. It is true January 30, 1962 to the Joint Economic Com­ keep all of us in the dark about its as you note in your letter, that there is no mittee. He mentioned that the New York exchange rate risk since the loan is scheduled Federal Reserve Bank, acting as an agent for policies and processes. All we seek is to be repaid at the initial exchange rate and just plain simple, honest accountabil­ the Treasury, had used the Treasury's Ex­ interest is earned on the foreign currencies change Stabilization Fund (the fund on ity. held. However, this is not the only problem which the Federal Reserve's swap fund is Mr. Speaker, I include with my re­ for U.S. taxpayers. The problem is default based) for operations not previously under­ marks the following items: First, May risk, the probability of failure to repay. A taken since World War II with the ·'aim of 16, 1994 letter from Chairman GONZALEZ guarantee of a line of credit puts U.S. tax­ defending the Dollar from speculative for­ to Federal Reserve Chairman Alan payers' funds at risk. ays." (JEC Hearings, 1962, p. 174). Then-Con­ Greenspan; second, May 9, 1994 letter The Committee must have complete gressman Richard Bolling asked Chairman records of the decisions of Federal Reserve Martin to explain. Chairman Martin replied: from Chairman Greenspan to Chairman policymakers with regard to these foreign GONZALEZ; and third, attachment to "* * * I want to make clear, Mr. Bolling, loans, lines of credit, and swap actions. You that the Federal Reserve is not anxious to Chairman Greenspan's letter, "List of did not comply with this request in your engage in this type of activity. * * * The Institutions with which the Federal May 9, 1994 reply. It was during some of their Treasury stabilization fund has experi­ Reserve Bank of New York Transacted meetings that the FOMC members, five of mented with this kind of operation since Foreign Exhange Business for the U.S. whom have never even been confirmed by March of this year, in a very small way, and Monetary Authorities Since 1989." Congress and are not Constitutional officers, we have come to the view that however we U.S. HOUSE OF REPRESENTATIVES, discussed setting up a formal trilateral facil­ should acquire these currencies-and it is COMMITTEE ON BANKING, FINANCE ity with two foreign governments that in­ not possible to spell out here-what we are AND URBAN AFFAIRS, volves granting foreign loans and lines of aiming at is to keep the speculators from un­ Washington, DC, May 16, 1994. credit. The Federal Reserve records should seating us, * * *." (JEC Hearings, 1962, p. Ron. ALAN GREENSPAN, include a description of the goals and objec­ 181-2.) Chairman, Board of Governors of the Federal tives of their foreign exchange policies. In short, this was an improper way to no­ Reserve System, Washington, DC. The Banking Committee seeks copies of tify the Congress of a new facility that DEAR CHAIRMAN GREENSPAN: One of the the complete record of the FOMC sub­ would use funds that were not Congression­ most important objectives of my legislation, committee assigned to direct foreign ex­ ally authorized. Thus, the suggestion by the H.R. 28, the "Federal Reserve System Ac­ change operations as described in the No­ former General Counsel of the Federal Re­ countability Act of 1993," is to increase the vember 22, 1961 document that you sent to serve to provide notification to the Congress Federal Reserve's accountability to the pub­ me from former Federal Reserve General in an attempt to buttress the flimsy legal lic. Knowing how individual members of the Counsel, Howard H. Hackney. The proposed justification for the Federal Reserve's inter­ Federal Open Market Committee (FOMC) de­ subcommittee consisted of the Chairman and nally authorized swap fund was not followed. cide on different issues serves to improve the Vice Chairman of the FOMC, Vice Chairman In your May 9, 1994 letter to me you indi­ public's trust and enhance the ability of the of the Board of Governors, and an officer of cate that although Federal Reserve Governor Federal Reserve to carry out appropriate the New York Federal Reserve Bank. Please J.L. Robertson expressed "reservations," he monetary policy. Thus I congratulate you explain its history and provide the Banking voted with the majority in favor of the swap and your colleagues for taking the important Committee with copies and an inventory of facility at the February 13, 1962 FOMC meet­ step of promptly releasing your recent mone­ any records of the activities and meetings of ing. This description is misleading. At the tary policy decisions. this subcommittee. February 13, 1962 meeting Governor Robert­ I urge the Federal Reserve to further apply The document you sent to me entitled son asked if there were any advantages aside its experiment in openness to foreign ex­ "Legal aspects of proposed plan for Federal from the Federal Reserve's "unlimited pock­ change interventions, foreign loans, and Reserve operations in foreign ·currencies," etbook" of having two government agencies lines of credit to foreign countries. The Fed­ written by the Federal Reserve General operating in foreign exchange and he was eral Reserve essentially uses its $30 billion Counsel on November 2, 1961 states: told there were none. swap fund to make loans to foreign countries "This matter is admittedly subject to He opposed the Federal Reserve's entry without any Congressional approval or over­ question; and while it is unlikely that the into this operation partly on legal grounds. sight and American taxpayers are left to plan would be challenged in court, there can His objections were very strong as revealed wonder whether their moneys-now in the be no assurance, in the absence of legisla­ in the minutes. At the February 13, 1962 hands of a foreign government-are indeed tion, that it would not be criticized from Board of Governors meeting he voted against safe. some sources .on legal grounds.'' amending Regulation N to authorize the Your May 9, 1994, reply to Banking Com­ The General Counsel goes on to say: Federal Reserve to conduct the planned for­ mittee requests for information about these "Consultation with Banking and Currency eign exchange operations. Only after that aspects of Federal Reserve operations is far Committees.-Admittedly, the question is authority was passed, glVmg away the short of a full response and is in certain re­ debatable, particularly in view of the 1933- Board's authority to the FOMC, did he join spects, misleading. Now that the Federal Re­ 1934 position of the Board. Moreover, it may with the majority later in the day at the serve has joined with the Treasury Depart­ be noted that in 1932, Senator [Carter) Glass FOMC meeting. His opposition was indeed ment (on April 26, 1994) in entering a perma­ had criticized certain foreign operations of much more telling than having mere '-res­ nent trilateral foreign exchange swap facil­ the Federal Reserve Bank of New York, ervations" and should be reviewed by present ity with the governments of Mexico and Can­ which might be considered as similar to FOMC members and others interested in the ada, it has become crucial that you provide those now contemplated, as being contrary way the original swap facility came into ex­ direct answers to Banking Committee re- to the law. [Senator Glass) suggested that istence. May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10347 Please send the minutes of the January 23, Second, the results reported . . . suggest instrument of monetary policy. In the case 1962 FOMC meeting where there were two that official announcements regarding ex­ of a swap drawing on the Federal Reserve by dissenting votes on approving in principle a change rate policy have far more impact a foreign central bank, there is no exchange program of System foreign currency oper­ than intervention that is quietly dissemi­ risk to the Federal Reserve associated with ations. (A number of pages appear to be nated." (page 136.) such a drawing. Moreover, in agreeing to missing from the copy of the minutes of the With information networks providing in­ allow such a swap drawing, the Federal Re­ February 13, 1962 FOMC meeting you sent to stant communication and markets operating serve always seeks to assure that there are me. Please send a full copy.) in many time zones around the world, there reasonable prospects of prompt repayment, I am concerned about the inconsistencies seems little reason to pretend that massive for example, out of the drawing country's between the records you sent to me contain­ interventions of the type conducted by U.S. international reserves or through its draw­ ing Federal Reserve monthly holdings of for­ monetary authorities can be kept secret for ings on the International Monetary Fund or eign currencies, delineated by country. and very long. The list you sent to the Banking prospective proceeds from World Bank loans. the quarterly reports that indicate interven­ Committee of the 60 institutions which Since the swap network was established in tions. You now inform me that the monthly transacted foreign exchange business for 1962, all drawings on this network have been holdings data (one set of which uses histori­ U.S. monetary authorities has caused me repaid in full. cal exchange rates) include interest pay­ concern about the use of inside information The Federal Reserve's authority to estab­ ments and " valuation effects." Please send a for a favored few when there is not full and lish and operate the swap network is derived consistent accounting record that specifies prompt accounting for intervention activi­ from section 14(e) of the Federal Reserve Act the amount of interventions and the effect ties. Certainly there must be fuller account­ which provides that any Federal Reserve on accumulated inventories of currencies of ing to the Congress and the public. Please in­ Bank may, with the consent or upon the each country. Interest payments should be dicate what changes will be made in Federal order and direction of the Board of Gov­ included in this accounting record as well as Reserve policy to ensure full and timely in­ ernors, "open and maintain accounts in for­ a full description of any valuation effects. formation to all market participants about eign countries, appoint correspondents, and The record should contain a complete and currency interventions, lines of credit to for­ establish agencies in such countries itemized account of why the inventories of eign entities, and foreign loans. wheresoever it may be deemed best for the each countries' currencies held by the Fed­ Please respond to this request for informa­ purpose of purchasing, selling, and collecting eral Reserve changed at the end of each tion as promptly as possible and no later bills of exchange." (12 U.S.C. 358.) The Board month. A consistent accounting record that than June 1, 1994. has implemented this provision in Regula­ contains consistent times series data is ex­ Sincerely, tion N. (12 C.F.R. 214.5 .) A detailed discussion tremely important in performing econo­ HENRY B. GONZALEZ, of the Federal Reserve's authority in this metric tests on the effects of foreign ex­ Chairman. area is set forth in a 1961 memorandum to change operations by the Federal Reserve. the FOMC from its General Counsel; a copy This is an essential part of maintaining ac­ BOARD OF GOVERNORS OF THE was twice previously provided to Congress, countability for Federal Reserve actions. FEDERAL RESERVE SYSTEM, and a copy is enclosed with this letter for The Banking Committee's obligation to ful­ Washington, DC, May 9, 1994. your convenience. The conclusions of the fill its oversight role requires a consistent Hon. HENRY B. GONZALEZ, memorandum were endorsed contempora­ record of Federal Reserve foreign exchange Chairman, Committee on Banking, Finance and neously by the General Counsel of the Treas­ activities that correctly ties in the extensive Urban Affairs, House of Representatives, ury and the Attorney General of the United holdings of foreign currencies, amounting to Washington, DC. States. The FOMC's decision at its meeting $22.3 billion at the end of 1993. This is a sub­ DEAR MR. CHAIRMAN: This letter responds on February 13, 1962, and Federal Reserve stantial investment for U.S. taxpayers that to the issues and questions concerning the Board's revised Regulation N implemented must be continually evaluated for cost and Federal Reserve's swap arrangements andre­ the position set forth in the FOMC General effectiveness. lated matters raised in your letter of April Counsel's memorandum. Attached to your May 9 letter was a list of 20. You asked about former Vice Chairman 60 institutions with which the Federal Re­ The Federal Reserve takes very seriously Robertson's views in 1962 concerning the ap­ serve Bank of New York transacted foreign its responsibilities to the Congress and to propriateness of the Federal Reserve's in­ exchange business for U.S. monetary au­ the public to account for its policies, ac­ volvement in foreign currency operations. thorities since 1989. Please describe exactly tions, and operations, including its foreign His was a minority opinion at the time. In how these institutions were chosen. Describe exchange operations. The Federal Reserve fact, while he voiced reservations about the the original and any ongoing examination of and U.S. Treasury are unique among the Federal Reserve's involvement in these ac­ the operations of these institutions made by monetary authorities of major industrial tivities at the Committee's meeting on Feb­ the Federal Reserve. Did there institutions countries in the frequency and detail in our ruary 13, 1962, he joined the rest of the FOMC receive any information about interventions public reports on foreign exchange oper­ in a unanimous vote approving the author­ before this knowledge was generally avail­ ations, including the operations of the Fed­ ization regarding open market transactions able? Describe in detail the precautions eral Reserve's swap network. Nevertheless, in foreign currencies at that meeting. taken during an intervention for guarding we are open to suggestions for providing ad­ On the substance of former Vice Chairman against the use of exploitable inside informa­ ditional information as long as sensitive in­ Robertson's remarks, I would note that, in tion about the interventions. Also include a formation would be appropriately protected. the opinion of the legal authorities on these step-by-step description of how interventions The Federal Reserve has responded in full issues, the statues of the United States pro­ are conducted. to your requests regarding the operations of vide legal authority to the Federal Raserve In addition, please provide the job descrip­ the Federal Reserve's reciprocal currency to engage in foreign currency operations as tions and number of individuals who receive (swap) arrangements. In early 1993, we pro­ outlined above. Moreover, it is quite under­ exploitable inside information about foreign vided substantial detail on these arrange­ standable that the U.S. central bank would exchange interventions. Explain how the ments, supplemented by data and docu­ be granted such authority. While the precise Federal Reserve monitors trading activity to mentation related to the Federal Reserve's legal arrangements differ country by coun­ determine if there are signs of insider trad­ reciprocal currency arrangements in general try, all major central banks play a role in ing. The Committee has received reports and swap arrangements with the Bank of foreign currency operations. Since many of that information about the trilateral agree­ Mexico in particular. these operations involve dealings with other ment of April 26, 1994 was known to sources As a matter of normal procedure and pub­ central banks, it is both efficient and appro­ outside the government in the days preced­ lic accountability, any activation of a swap priate for the Federal Reserve to participate ing the announcement. This may explain arrangement with the Federal Reserve or the in such operations. Over the past 32 years, why the Mexican peso began to rise almost a establishment of a special swap arrangement the Federal Reserve has consul ted closely day and a half before the announcement. is included in the regular quarterly reports with the U.S. Treasury on all its foreign cur­ Finally, I wish to draw your attention to on U.S. foreign currency operations sent to rency operations, including instances where some new research conducted by Professors Congress and published subsequently in the a swap partner country has requested to Kathryn M. Dominguez and Jeffrey Al Federal Reserve Bulletin. In addition, posi­ draw on its swap line with the Federal Re­ Frankel in their September 1993 book, " Does tive decisions to change the size of swap ar­ serve. To my knowledge, there never has Foreign Exchange Intervention Work?" , rangements are normally announced imme­ been a serious dispute about any of these op­ [published by the Institute for International diately. erations, and all the operations of the Fed­ Economics, Washington, DC]. Their results Swap drawings are not loans but are the si­ eral Reserve's swap network have been show: multaneous spot purchase and forward sale viewed as consistent with U.S. policy toward " that the effect of U.S. intervention is much of foreign currency against dollars. This type the country requesting a drawing. greater when the New York Federal Reserve of transaction is used in some form by most As requested, I enclose the complete min­ Bank lets the market know it is intervening. central banks, in some cases as a standard utes of the February 13, 1962, meeting of the 10348 CONGRESSIONAL RECORD-HOUSE May 16, 1994 FOMC and the documents cited at that meet­ price and other terms of trades-but such Banca Commerciale Italiana ing and relating to the issues that you transactions are booked and settled with the Bank of America raised. banks U.S. offices. Bank of Boston As I noted in my letter of February 10, At the time the Kubarych article was writ­ Bank of New York 1993, Congress has never found any of the for­ ten in 1977, the Federal Reserve Bank of New Bank of Nova Scotia eign currency operations of the Federal Re­ York limited its foreign exchange dealing re­ Bank of Tokyo serve to be an inappropriate use of the pow­ lations to federally supervised banking insti­ Bankers Trust Company ers granted to the Federal Reserve in the tutions (commercial banks, Edge Act Cor­ Banque Paribas Federal Reserve Act. The Swap network and porations. and U.S. branches of foreign Barclays Bank PLC the legal basis for Federal Reserve foreign banks). However, in February 1992, the Fed­ BHF-Bank currency operations were reviewed exten­ eral Reserve Bank of New York announced Boatmen's National Bank sively by the Congress in 1962 and again in its willingness to deal with S.E.C.-registered Canadian Imperial Bank of Commerce 1973. A 1980 amendment of the Federal Re­ broker-dealers in addition to federally super­ Chase Manhattan Bank serve Act permits the Federal Reserve to in­ vised banking institutions. Attached is a list Chemical Bank vest its foreign exchange holdings in obliga­ of all institutions with which the Federal Credi tans tal t Bankverein tions of foreign governments. Reserve Bank of New York has transacted Credit Commerciale de France It has been our practice that each request foreign exchange business for the accounts of Citibank for a drawing on the Federal Reserve's swap the Exchange Stabilization Fund and the Commonwealth Bank of Australia network, each proposal to increase the size Federal Reserve System Open Market Ac­ Credit Industriel Et Commercial of a swap arrangement, and each proposal for count since 1989. Credit Lyonnais a special temporary swap arrangement is re­ The Kubarych article focuses on the im­ Credit Suisse viewed by the FOMC. There always has been pact of foreign exchange transactions fi­ Dai-Ichi Kangyo Bank a strong positive consensus within the FOMC nanced by drawings on swap lines. You Dean Witter Reynolds Inc. regarding the appropriateness of the Federal should understand that the foreign exchange Deutsche Bank AG Reserve's reciprocal currency arrangements; intervention activities of the Treasury and Dresdner Bank AG however, at times there have been voices the Federal Reserve have not been financed First Interstate Bankss questioning certain operations or the contin­ in this way since 1980. First National Bank of Chicago ued existence of the swap arrangements. In the past 10 years, there is no instance in First Union Natl Bk of North Carolina President Hoskins posed such a question in which a drawing has been made on the Fed­ Fuji Bank the discussion on November 1, 1988. eral Reserve's swap network without a par­ Goldman Sachs In your April 20 letter you request a copy allel drawing on a swap line with the U.S. Harris Trust & Savings Bank of "the telegram that President Hoskins re­ Treasury's Exchange Stabilization Fund, in­ Hong Kong and Shanghai Banking Corp 4 ferred to" in the transcript of the November cluding the August 1988 drawing by the Bank Industrial Bank of Japan 1, 1988 meeting. As I stated in my letter of of Mexico. (The facts of the 1988 drawings Irving Trustl April 5, 1994, the circumstances that brought were reported in the December 1988 quarterly Lloyds Bank PLC about the discussion of the proposed swap fa­ report on U.S. foreign currency operations.) Long Term Credit Bank of Japan cility that was under consideration in Octo­ The FOMC cleared the 1988 drawing consist­ Manufacturers Hanover Trust Company 2 ber-November 1988 subsequently changed fa­ ent with its normal procedures. Mellon Bank · vorably, and there was no need to complete The penultimate paragraph of your letter Merrill Lynch International Bank the proposed arrangement. Thus, there was raises questions about the motivation of and Midland Bank PLC no need to poll the FOMC via telegram for benefits from Federal Reserve swap arrange­ Mitsubishi Bank its formal vote on the matter, and no tele­ ments with the Bank of Mexico in recent Morgan Guaranty Trust Company of New gram was sent. years. The Federal Reserve swap :lrrange­ York In previous requests for information con­ ments with the Bank of Mexico, as with Morgan Stanley cerning Federal Reserve foreign currency agreements with other central banks, are in­ National Westminster Bank PLC holdings, we provided you with data on Fed­ tended to contribute to financial stability Nationsbank of North Carolina eral Reserve foreign currency holdings, by which benefits all citizens of Mexico and the Nippon Credit Bank currency, as of the end of each month from United States. They are not motivated by Northern Trust Company 1962 to January 1993 (the time of your re­ political considerations. Republic National Bank of New York quest). In a response to a follow-up request, As I stated in my letter of April 5, the joint Royal Bank of Canada we provided you data on Federal Reserve for­ Federal Reserve-Treasury $3.5 billion special Sakura Bank eign currency balances restated in current swap facility that was considered in October­ Sanwa Bank market value terms. In your April 20 letter November 1988 was never formally estab­ Security Pacific Bank3 you note that your staff has had difficulty in lished. Thus, its contribution to the stability Shawmut Bank matching these data on Federal Reserve for­ of financial markets was limited to the psy­ Societe Generale eign currency holdings with data on foreign chological effects of the announcement on Standard Chartered Bank currency operations that appear in the quar­ October 17, 1988 that the Treasury and Fed­ Sumitomo Bank terly reports on U.S. foreign currency oper­ eral Reserve were prepared to develop such a Swiss Bank Corporation ations. As noted in my earlier responses and facility. The special temporary $12 multilat­ Union Bank of Switzerland eral facility that was developed on a contin­ in discussions with your staff, changes in 1 Merged under the name of Bank of New York in these data on balances may incorporate in­ gency basis in November 1993 was neither es­ October 1989. terest earnings and valuation effects as well tablished nor announced. Therefore, the ben­ 2 Merged under the name of Chemical Bank in as actual foreign exchange transactions dur­ efit was only that coming from a carefully June 1991. ing a particular period. Federal Reserve staff considered contingency plan. Finally, the 3 Merged under the name of Bank of America in is prepared to sit down with your staff to re­ special temporary $6 billion facility an­ May 1992. 4 Hong Kong & Shanghai Banking Corp. began view further any questions they may have nounced on March 24, was not intended to favor any particular segment or sector of trading under the name of Midland on November 2, about these data. 1992. Turning to your questions about the Fed­ Mexico's society or economy. The objective 5 In June 1992 Standard Chartered Bank acquired eral Reserve Bank of New York's operational of that special arrangement, which as it certain lines of business from First Interstate and practices in carrying out foreign exchange turns out was not drawn upon, was to pro­ on January 1, 1993 began trading under the name of intervention operations at the direction of mote the stability of financial markets in Standard Chartered Bank, Los Angeles. the Department of Treasury and the Federal Mexico and, thereby, to contribute to the Open Market Committee, the Federal Re­ economic well being of the people of Mexico serve Bank of New York executes foreign ex­ and the United States. THE 1872 MINING LAW MAY AU­ change transactions with banks in the Unit­ Sincerely, THORIZE BIG GIVEAWAY TO CA­ ed States in the same manner as briefly de­ ALAN GREENSPAN, NADIAN MINING COMPANY scribed in the article by R.M. Kubaryh, re­ Chairman. Enclosures. The SPEAKER pro tempore (Mr. PE­ ferred to in your letter. In rare cir­ TERSON of Florida). Under a previous cumstances, when markets in the United XIII. List of Institutions with which the Fed­ States are closed but the Treasury and the eral Bank of New York Transacted Foreign order of the House, the gentleman from Federal Reserve deem it necessary for oper­ Exchange Business for the U.S. Monetary California [Mr. MILLER] is recognized ations to be conducted, the Federal Reserve Authorities since 1989 for 5 minutes. Bank of New York may deal with overseas ABN Amra Bank Mr. MILLER of California. Mr. bank offices-in the sense of agreeing to the Australia and New Zealand Banking Group Speaker, later today, unfortunately, May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10349 the Secretary of the Interior, Bruce forms of this land, this can happen ADJOURNMENT Babbitt, is going to have to participate again, because unfortunately, under Mr. MILLER of California. Mr. in the biggest giveaway of American the law, those who go out and stake Speaker, I move that the House do now resources in the history of this coun­ out those kinds of claims are entitled adjourn. try. Because of the 1872 mining law to have the Secretary pass those The motion was agreed to; accord­ that this Congress has refused to re­ claims to them. ingly (at 1 o'clock and 1 minute p.m.), form since that time, over the last 120 0 1300 under its previous order, the Hop.se ad­ years, the Secretary of the Interior is We do not know that there are not journed until Tuesday, May 17, 1994, at going to have to comply with that law 10:30 a .m. and transfer to the American Barrick other American Barrick-type claims, Mining Co, a Canadian-owned mining that there are not millions and billions company, 10 billion dollars' worth of of dollars worth of silver, platinum, EXECUTIVE COMMUNICATIONS, gold to be mined in the coming years, gold, and other valuable minerals that ETC. and the Secretary will receive on be­ are there under the lands owned by the half of the taxpayers and the citizens public, that some future Secretary or Under clause 2 of rule XXIV, execu­ of this country $9,000, and that will be this Secretary would be required to tive communications were taken from it. There will be no royalties, there will transfer to these corporations and re­ the Speaker's table and referred as fol­ be no benefits to the American citizens ceive nothing back for the owners of lows: or to the American taxpayers who own those lands, the American public. 3180. A letter from the Director, the Office those public lands under which this It is time to bring this sad, sad chap­ of Management and Budget, transmitting ter in our history of mineral leasing the cumulative report on rescissions and de­ gold resides, because of the 1872 Mining ferrals of budget authority as of May 1, 1994 , Act. and the stewardship of the public lands pursuant to 2 U.S.C. 685(e) (H.Doc. No. 103- This has been a . long legacy of re­ to a close. It is time for the Congress 255); to the Committee on Appropriations source development in the United to agree on the reform of the act. and ordered to be printed. States, a long legacy of where those President Clinton has made it very, 3181. A letter from the Office of General who were powerful and those who were very clear that he will sign the reform Counsel, Department of Defense, transmit­ privileged have been able to take water of the 1872 mining law if the Congress ting a draft of proposed legislation to amend and gain water subsidies, those who will send it to his desk. The Secretary title 10, United States Code, to authorize the of the Interior has made it very clear Secretary of Defense to determine the con­ have gotten below-cost sales of our trol of authorized strengths for certain ac­ timber and decimated our forests and on behalf of the President and others in tive duty commissioned officers; to the Com­ clearcut our forests and exported logs the administration that he strongly mittee on Armed Services. overseas while paying very little to the supports the reform of this act. 3182. A letter from the Acting General taxpayers for the privilege of being Mr. Speaker, the time is now for the Counsel, Department of Defense, transmit­ able to use those lands to realize a Congress to act and to send that bill to ting a draft of proposed legislation to estab­ profit and in many instances so deci­ the President of the United States so lish a Department of Defense Laboratory Re­ mating those lands that they have yet never again, never again, are the tax­ vitalization Demonstration Program for the payers or citizens of this country to be purpose of improving management, effi­ to return to productivity and leaving ciency, and overall effectiveness of DOD lab­ the taxpayer stuck with the cost. treated as they are about to be treated oratories and centers; to the Committee on It is true of those who built the huge this afternoon with the transfer of this Armed Services. water projects and the dams out West land from the American taxpayer to 3183. A letter from the Secretary of Edu­ where they were able to use taxpayer American Barrick Mining, to the ter­ cation, transmitting a copy of Final Regula­ dollars to build these projects and yet rible, terrible disadvantage of the tax­ tions-Direct Grant Programs; National receive subsidized water and not pay payers and of the bi tizens of this coun­ Early Intervention scholarship and Partner­ their fair share of those projects and try. ship Program, pursuant to 20 U.S.C. sticking the taxpayers with the bill. It 1232(d)(l); to the Committee on Education is true today of our grazing lands, and Labor. EXTENSION OF REMARKS 3184. A letter from the Secretary of En­ where people are continuing to be able ergy, transmitting notice that the Depart­ to graze cattle at below the cost of By unanimous consent, permission to ment will not be able to issue a final rule re­ maintaining those lands, ruining those revise and extend remarks was granted garding residential energy efficient rating lands and causing great problems with to: guidelines until November 1995; to the Com­ the environment and those lands and (The following Members (at the re­ mittee on Energy and Commerce. still using the Federal taxpayers to un­ quest of Mrs. SCHROEDER) and to in­ 3185. A letter from the Acting Director, De­ derwrite the grazing of their cattle. clude extraneous matter:) fense Security Assistance Agency, transmit­ ting notice concerning the Department of It is true in the sale of gold and sil­ Ms. ESHOO. the Army's proposed Letter(s) of Offer and ver and other mineral leases on land Mr. KREIDLER. Acceptance [LOA] to Egypt for defense arti­ where we do not receive a decent rate Mr. PENNY. cles and services (Transmittal No. 94-27), of return for the American taxpayer. It Mr. HOYER. pursuant to 22 U.S.C. 2776(b); to the Commit­ is true with the onshore and offshore Mr. BATEMAN. tee on Foreign Affairs. oil and gas program, where we continue (The following Members (at the re­ 3186. A letter from the Secretary of De­ to let leases go to individuals and not quest of Mr. MILLER of California) and fense, transmitting notice that the President receive a royalty on behalf of the tax­ to include extraneous matter:) proposes to obligate up to $2.26 million to as­ payer. sist the Russian Federation in the area of ex­ Mr. BECERRA in two instances. port controls for the purpose of preventing But what is happening today in the Mr. DE LUGO. the proliferation of weapons of mass destruc­ transfer of this mineral lease to the tion; jointly, to the Committees on Appro­ American Barrick Mining Co. is uncon­ priations and Foreign Affairs. scionable. That they would receive the SENATE JOINT RESOLUTION 3187. A letter from the Secretary, Depart­ right to mine 10 billion dollars' worth REFERRED ment of the Interior, transmitting the an­ of gold for $9,000 and not have to pay A joint resolution of the Senate of nual report entitled "Outer Continental any royalty to the American taxpayer the following title was taken from the Shelf Lease Sales" for fiscal years 1991 and should never be allowed to continue, 1992, pursuant to 43 U.S.C. 1337(a)(9); to the Speaker's table and, under the rule, re­ Committee on Natural Resources. but unless the House of Representa­ ferred as follows: 3188. A letter from the Under Secretary for tives has already passed mining reform S.J. Res. 190. Joint resolution to designate Oceans and Atmosphere, Department of law and the Senate has passed it out, May 15, 1994, National Peace Officers Memo­ Commerce, transmitting notice of designa­ unless that conference committee can rial Day; to the Committee on Post Office tion for the Olympic Coast National Marine come together and agree upon the re- and Civil Service. sanctuary, together with final regulations 10350 CONGRESSIONAL RECORD-HOUSE May 16, 1994 implementing the designation, pursuant to MEMORIALS tember 28, 1976 (16 U.S.C. 1901-1912; com­ 16 U.S.C. 1434(a)(1)(C); to the Committee on monly referred to as the "Mining in the Merchant Marine and Fisheries. Under clause 4 of rule XXII, memori­ Parks Act"). 3189. A letter from the Director of Commu­ als were presented and referred spon­ -Page 46, strike line 13 and insert the fol­ nications and Legislative Affairs, U.S. Equal sors were added to public bills and res­ lowing: Employment Opportunity Commission, olutions as follows: (b) Subject to subsection (a), the Secretary transmitting the Commission's " Annual re­ 384 . By the SPEAKER: Memorial of the shall not approve any plan port on the Employment of Minorities, Legislature of the State of Maine, relative to -Page 46, line 5, strike " Subject" and insert Women and People with Disabilities in the defense finance and accounting service cen­ "Subject to section 408(b) and subject". -Page 46, line 12, strike "STUDY AS TO VALID­ Federal Government for fiscal year 1991 " ; to ters; to the Committee on Armed Services. the Committee on Post Office and Civil Serv­ 385. Also, memorial of the Legislature of ITY OF". -Page 46, strike line 13 and all that follows ice. the State of Maine, relative to military fa­ 3190. A letter from the Secretary of Veter­ through line 16 and insert the following: cilities in the United States; to the Commit­ SEC. 408. (a) The Secretary shall submit ans Affairs, transmitting a draft of proposed tee on Armed Services. legislation to amend title 38, United States to". Code, to increase, effective as of December 1, -Page 46, after line 21, insert the following: (b) Unpatented mining claims, mill sites, 1994, the rates of disability compensation for ADDITIONAL SPONSORS veterans with service-connected disabilities and tunnel sites within the boundaries of the and the rates of dependency and indemnity Under clause 4 of rule XXII, sponsors park that were located before the date of en­ compensation for survivors of such veterans; were added to public bills and resolu­ actment of this Act shall be subject to all to the Committee on Veterans' Affairs. mining laws of the United States except for tions as follows: the Act of September 28, 1976 (16 U.S.C. 1901- 3191. A letter from the Assistant Secretary H.R. 141: Mr. STUDDS, Mr. LIPINSKI, Mr. for Legislative Affairs, Department of State, 1912; commonly referred to as the "Mining in SWIFT, Mr. KASICH, Mr. CLAY, Ms. NORTON, the Parks Act"). transmitting certification that Trinidad and and Mr. WATT. Tobago has adopted a regulatory program By Mr. POMBO: H.R. 346: Mr. PAXON. -Page 34, after line 25, add the following: governing the incidental taking of certain H.R. 790: Mr. WYNN and Mr. GUNDERSON. sea turtles, pursuant to Public Law 101-162, ACCESS ROADS H.R. 794: Mr. FRANK of Massachusetts. section 609(b)(2) (103 Sat. 1038); jointly, to the SEc. 112. Notwithstanding any other provi­ H.R. 1843: Mr. LEWIS of California and Ms. Committees on Appropriations and Merchant sion of this Act, there are hereby designated DUNN. Marine and Fisheries. access routes on existing roads, trails, and H.R. 2929: Mr. KING. 3192. A letter from the Chairman, Nuclear ways, as mapped by the United States Geo-. H.R. 3182: Mr. MINETA. logical Survey, Bureau of Land Management, Regulatory Commission, transmitting the H.R. 3227: Mr. BOEHLERT, Mr. ORTON, Mr. Commission's report on abnormal occur­ and the Automobile Club of Southern Cali­ ACKERMAN, and Mr. HOUGHTON. fornia, as follows: rences at licensed nuclear facilities for the H.R. 3322: Mr. JOHNSTON of Florida and Mr. fourth quarter of calendar year 1993, pursu­ Argus Range, WSA 132B, Attached Map #7, HASTINGS. ant to 42 U.S.C. 5848; jointly, to the Commit­ Desert Map #3-5 & D12 (now Argus Range and H.R. 3791: Mr. BLILEY, Mr. LEACH, and Mr. tees on Energy and Commerce and Natural Death Valley National Park Proposed-12): FRANK of Massachusetts. Resources. Bendire Canyon Road, 18 Acres, H.R. 3903: Mr. HUGHES, Mr. HINCHEY, and Cherrystem 3 Miles; 3193. A letter from the General Counsel, Mr. LIVINGSTON . Department of the Treasury, transmitting a Bruce Canyon Road, 12 Acres, Cherrystem H.R. 3904: Mr. DORNAN. draft of proposed legislation to amend the 2 Miles; H.R. 3906: Mr. RAHALL, Mr. BARRETT of Federal Administration Act to provide for Knight Canyon road, 18 Acres, Cherrystem Wisconsin, Mr. JACOBS, Mr. BREWSTER, Mr. 3 Miles; increased penalties and fines, and for other DEFAZIO, Mr. HILLIARD, Mr. CRAPO, Mr. COP­ purposes; jointly, to the Committees on Kopper King Springs Road, 12 Acres, PERSMITH, Ms. PRYCE of Ohio, and Ms. EDDIE Ways and Means and the Judiciary. Cherrystem 2 Miles; BERNICE JOHNSON of Texas. Stone Canyon Road, 24 Acres, Corridor 4 H.R. 4142: Mr. TRAFICANT and Mr. Miles; PUBLIC BILLS AND RESOLUTIONS FINGERHUT. Water Canyon Road, 24 Acres, Cherrystem H.R. 4251: Mr. TEJEDA, Mr. PRICE of North 4 Miles; Under clause 5 of rule X and clause 4 Carolina, Mr. SCOTT, and Mr. DEFAZIO. WSA Acreage (74,890) 82,400-105=82,395-18 of rule XXII, public bills and resolu­ H.R. 4291: Ms. COLLINS of Michigan, Mr. Miles. tions were introduced and severally re­ TOWNS , and Mr. SMITH of New Jersey. Bighorn Mountains, WSA 217, Attached ferred as follows: H.R. 4412: Mr. COMBEST, Mr. JOHNSON of Map #8, Desert Map #8: South Dakota, and Mr. PENNY. Rattlesnake Canyon Road, 36 Acres, Cor­ By Mr. ROWLAND (for himself and Mr. H.R. 4423: Mr. MARTINEZ, and Mr. FAZIO. SMITH of New Jersey): ridor 6 Miles; H.J. Res. 15: Ms. BROWN of Florida, and Mr. WSA Acreage (39,200) 39,200- 36=39,164-6 H.R. 4425. A bill to authorize major medi­ ANDREWS of New Jersey. Miles. cal facility construction projects for the De­ H.J. Res. 209: Mr. BROWN of California, Mr. Big Maria Mountains, WSA 321, Attached partment of Veterans Affairs for fiscal year GOODLING, Mr. PORTER, Ms. DELAURO, and Map #9, Desert Map #9: 1995, to revise and improve veterans' health Mr. CRAMER. Move north boundary to Quien Safe Road, program, and for other purposes; to the Com­ H.J. Res. 356: Ms. DELAURO and Mr. ED­ Loss of appx. 4,480 acres): mittee on Veterans' Affairs. WARDS of California. Maria Mountain Road, 12 Acres, Corridor 2 By Mr. OBEY: H. Con. Res. 233: Mr. LEVIN, Mr. GUTIERREZ, Miles; H.R. 4426. A bill making appropriations for and Mr. BILBRAY. Quien Sabe Road, 30 Acres, Corridor 5 foreign operations, export financing, and re­ Miles; lated programs for the fiscal year ending WSA Acreage (47,570) 49,700-42=49,658-7 September 30, 1995; to the Committee on Ap­ AMENDMENTS Miles; Or 49,700- 4,480=45,220 -12=45,676--2 propriations. Miles. By Mr. KREIDLER (for himself, Mr. Under clause 6 of rule XXIII, pro­ Bright Star, WSA 160B, Attached Map #11, ROWLAND, Mrs. UNSOELD, and Mr. posed amendments were submitted as Desert Map #12: SWIFT): follows: Cortez Springs Road, 30 Acres, Corridor 5 H.R. 4427. A bill to amend the Federal Miles; Food, Drug, and Cosmetic Act to allow for H.R. 518 WSA Acreage (9,520 10,800-30=10,770---5 additional deferred effective dates for ap­ By Mr. QUILLEN: Miles. . proval of applications under the new drugs -Page 46, line 5, strike "Subject" and insert Cady Mountains, WSA 251, Attached Map provisions, and for other purposes; to the " Subject to section 408(a) and subject". #12, Desert Map #14: Committee on Energy and Commerce. -Page 46, line 12, strike " STUDY AS TO VALID­ Afton/Basin Loop, 54 Acres, Boundary 9 By Mr. SMITH of New Jersey: ITY OF" . Miles; H.R. 4428. A bill to amend title 38, United -Page 46, after line 12, insert the following: Canyon Crest Road, 66 Acres, Cherrystem States Code, to require the Secretary of Vet­ SEc. 408. (a) Unpatented mining claims, 11 Miles; erans Affairs to maintain the existing capac­ mill sites, and tunnel sites within the bound~ Hector Road, 36 Acres, Boundary 6 Miles; ity of the Department of Veterans Affairs to aries of the park for which an application for North Canyon Road, 30 Acres, Cherrystone provide specialized services to disabled vet­ a patent was filed on or before December 31, 5 Miles; erans; to .the Committee on Veterans' Af­ 1993, shall be subject to all mining laws of South Canyon Road, 36 Acres, Cherrystem fairs. the United States except for the Act of Sep- 6 Miles; May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10351 Valley Center Road, 102 Acres, Corridor 17 Gladstone Mine Road, 48 Acres, Little Pichacho, WSA 356, Attached Map Miles; Cherrystem 8 Miles; #41, Desert Map #56: WSA Acreage (85,970) 122,000- 324=121,676- Rusty Pick Road, 12 Acres, Cherrystem 2 Copper Basin Road, 6 Acres, . Corridor 54 Miles. ~iles; Mile; Chemehuevi Mountains. WSA 310, Attached Sheephead Pass Road, 60 Acres, Corridor 10 Hess Mine Road, 12 Acres, Cherrystem 2 Map #14. Desert Map #16: Miles; Miles; Blue Boy Mine Road, 24 Acres, Cherrystem WSA Acreage (26,460) 26 ,460 -156=26,304-26 Marcus Wash Road, 24 Acres, Corridor 4 Miles; Miles; Originally 53,500 27,040 went to DVNP. Miles; Picture Rock Road, 12 Acres, Cherrystem 2 Indian Pass, WSA 355, Attached Map #32, Senator Pass Road, 48 Acres, Corridor 8 Miles; Desert Map #41: Miles; Red Rock Falls Road, 30 Acres, Cherrystem Julian Wash Road, 60 Acres, Corridor 10 WSA Acreage (36,440) 41,940-90=41,850--13 5 Miles; Miles; Miles. Studio Spring Road, 30 Acres, Cherrystem WSA Acreage (35,015) 40 ,400-60=40,340--10 Mecca Hills, WSA 343, Attached Map #43, 5 Miles; Miles. Desert Map #59: Trampas Canyon Road, 66 Acres, Inyo Mountains, WSA 120/122, Attached Hidden Spring Road, 24 Acres, Cherrystem Cherrystem 11 Miles; Map #33, Desert Map #42-44, D6 & 7 (now Inyo 4 Miles; WSA Acreage (64,640) 95,820 -162=95,668--27 Mountains and Death Valley National Park WSA Acreage (24,280) 25,360- 24=25,336-4 Miles. Proposed-6 & 7): Miles; Originally 35,280 9,920 was deleted on Chuckwalla Mountains. WSA 348, Attached Blackrock Well Road, 48 Acres, Cherrystem map. Map #16, Desert Map #19-21: 8 Miles; Mesquite, ;NSA 225, Attached May #44, Lost Pony Mine Road, 12 Acres, Corridor 2 Blue Monster Mine Road, 66 Acres, Desert Map #60: Miles; Cherrystem 11 Miles; Mesquite Pass Road, 42 Acres, Corridor 7 WSA Acreage (80,770) 86,400 -12=86,399-2 Bunker Hill Mine Road, 18 Acres, Miles; Miles. Cherrystem 3 Miles; WSA Acreage (47,330) 57,800-42=57,758--7 Cleghorn Lakes. WSA 304, Attached Map Burgess Well Road, 42 Acres, Cherrystem 7 Miles. #19, Desert Map #22: Miles; Nopah Range, WSA 150, Attached Map #46, Bullion Mountains Road, 24 Acres, Bound­ Pat Keyes Canyon Road, . 24 Acres, Desert Map #63: ary 4 Miles; Cherrystem 4 Miles; Chicago Valley Road, 48 Acres, Boundary 8 Copper World Mine Road, 12 Acres, Seep Hole Spring Road, 30 Acres, Corridor Miles; Cherrystem 2 Miles; 5 Miles; Old Traction Road, 90 Acres, Boundary 15 WSA Acreage (34,380) 42,020-36=41,984-6 Side Hill Spring Road, 48 Acres, Corridor 8 Miles; Miles. Miles; Pahrump Peak Road, 24 Acres, Cherrystem Coso Range, WSA 131, Attached Map #20, Squaw Spring Road, 18 Acres, Corridor 3 4 Miles; Desert Map #24: Miles; Shaw Mine Road, 12 Acres. Cherrystem 2 Joshua Flats Road, 54 Acres, Cherrystem 9 WSA Acreage (205,020) 205 ,020-294=204,726- Miles; Miles; 49 Miles; Originally 266,300 61,290 went to WSA Acreage (110,880). 116,000- WSA Acreage (50,520) 53,940- 54=53,886-9 DVNP. 174=115.826-27 Miles Miles. Jacumba Mountains, WSA 368, Attached North Mesquite Mountains, WSA 223, At­ Dead Mountains, WSA 276, Attached Map Map #34, Desert Map #45: tached Map #48, Desert Map #66: Easy Pickins Mine Loop Road, 78 Acres, #21, Desert Map #27: Cub Lee Road, 6 Acres, Corridor 1 Mile; Ibis Road, 30 Acres, Cherrystem 5 Miles; Corridor 13 Miles; Old Salt Lake Trail Road, 12 Acres, Bound­ Picture Canyon Road, 24 Acres, Boundary 4 WSA Acreage (34,550) 37,000-78=36,922-13 Miles; ary 2 miles; Miles. WSA Acreage (25,540) 27,800-18=27,782-3 WSA Acreage (48,850) 57,200-54=57,146-9 Kelso Dunes, WSA 250, Attached Map #35, Miles. Miles. Desert Map #46--48 & MB (now Kelso Dunes Funeral Mountains, WSA 143, Attached and Mojave National Park Proposed-7): Old Women Mountains, WSA 299, Attached Map #25, Desert Map #33 & D18 (now Funeral Bristol Mine Road, 42 Acres, Cherrystem 7 Mad #50, Desert Map #67 & 68: Delete from Wilderness Consideration Mountains & Death Valley National Park Miles; Proposed-18): Hytem Spring Pass Road, 96 Acres, Cor­ -146,070=0 (entire area); or Funeral Mountain Pass, 30 Acres, Corridor ridor 16 Miles; Black Metal Mine Pass Road, 60 Acres, 5 Miles; Hytem Spring Road, 18 Acres, Cherrystem Corridor 10 Miles. WSA Acreage (28,110) 28,100-30=28,070--5 3 Miles; Enterprise Mine Road, 24 Acres, Miles; Originally 65,000, 36,890 went to DVNP. Natural Arch Road, 48 Acres, Cherrystem 8 Cherrystem 4 Miles. Golden Valley, WSA 170, Attached Map #26, Miles; Heritage Trail Road, 36 Acres, Corridor 6 Desert Map #34: WSA Acreage (129,580) 129,580- 204=129,376- miles. Golden Valley Pass, 54 Acres, Corridor 9 34 Miles; Originally 215,100 85,520 went to Mercury Mountain Road, 18 Acres, Bound­ Miles; DVNP. ary 3 Miles. Steam Well Road, 30 Acres, Corridor 5 Kiavah, WSA 159, Attached Map #37, Desert Old Woman Loop ·Road, 66 Acres, Corridor Miles; Map #49 & 50: 11 Miles. WSA Acreage (37, 700) 37,700- 84=37 ,616-14 Mcivers Spring Road, 36 Acres, Cherrystem Painted Rock Loop Road, 18 Acres, Cor­ Miles. 6 Miles; ridor 3 Miles. Granite Mountains, WSA 256, Attached Cholla Canyon Road, 42 Acres, Corridor 7 Sweetwater/Paramount Road, 36 Acres, Map #27, Desert Map #35, 36 & M7 (now Bris­ Miles; Corridor 6 Miles. tol Mountains & Mojave National Park Pro­ WSA Acreage (88,290) 90,200 -78=90,122-13 Willow Spring Road, 12 Acres, Cherrystem posed-7): Miles. 2 Miles. Heritage Trail, 60 Acres, Corridor 10 Miles; Kingston Mountains, WSA 222, Attached WSA Acreage (146,070) 191,000-270=190,830-- Onyx Mine Road, 18 Acres, Cherrystem 3 Map #38, Desert Map #51-54: 45 Miles. Miles; Eastern Star Mine Road, 42 Acres, Orocopia Mountains, WSA 344, Attached WSA Acreage (na) 84,980 -78=84,902-13 Cherrystem 7 Miles; Map #51, Desert Map #69: Miles; Originally 134,900, 49,920 went to MNP. Kingston Wash Road, 60 Acres, Corridor 10 Orocopia Pass, 54 Acres. Corridor 9 Miles; Grass Valley, WSA 173A, Attached Map Miles; Red Canyon, 42 Acres, Boundary 7 Miles; #28, Desert Map #37: Old Salt Lake Trail Road, 84 Acres, Cor­ WSA Acreage (40,770) 56,140-96=56,044-16 Bird Spring Road, 54 Acres. Corridor 9 ridor 14 Miles; Miles; originally 77,900 21,760 deleted on map. Miles; Shadow Valley Road, 60 Acres, Corridor 10 Owens Peak, WSA 158, Attached Map #52, Grass Valley Road, 24 Acres, Corridor 4 Miles; Desert Map #70-72: Miles; WSA Acreage (249,368) 269,500- 246=269,254- Cow Canyon Road, 18 Acres, Cherrystem 3 WSA Acreage (31,720) 33,000-78=32,922 13 41 Miles. Miles; Miles. Little Chuckwalla Mountains, WSA 350, Sand Canyon Road, 24 Acres, Cherrystem 4 Ibex, WSA 149, Attached Map #31, Desert Attached Map #40, Desert Map #55: Miles; Map #40 & D21 (now Death Valley National Little Chuckwalla Pass Road, 18 Acres, Three Pines Canyon Road, 18 Acres, Park Proposed-21): Corridor 3 Miles; Cherrystem 3 Miles; American Mine Road, 18 Acres. Cherrystem Teague Well Road, 48 Acres, Corridor 8 Walker Well Road, 24 Acres, Cherrystem 4 3 Miles; Miles; Miles; Confidence Road, 18 Acres, Boundary 3 WSA Acreage (46,460) 53,000-66=52,934-11 WSA Acreage (74,640) 78,200- 84=78,116-14 Miles; Miles. Miles. 10352 CONGRESSIONAL RECORD-HOUSE May 16, 1994 Pahrump Valley, WSA 154, Attached Map Sawtooth Mountains, WSA 060, Attached Inyo Mountains, WSA 120/122, Attached #54, Desert Map #73; Map #67, Desert Map #90: Map #33, Desert Map #42- 44, D6 & 7 (now Inyo Blackwater Well Pass, 72 Acres, Corridor 12 Canebrake Road, 18 Acres, Corridor 3 Mountains and Death Valley National Park Miles; Miles; Proposed-6 & 7): Old Traction Road, 78 Acres, Boundary 13 Potrero Road, 24 Acres, Cherrystem 4 Blue Monster Mine Road, 66 Acres. Miles; Miles; Cherrystem 11 Miles; Pahrump Valley Road, 54 Acres, Boundary WSA Acreage (35,400) 35,610-42=35,568-7 Pat Keyes Canyon road, 24 Acres, 9 Miles; Miles. Cherrystem 4 Miles. WSA Acreage (74,800) 79,000-204=78,796-34 Sheep Hole Valley, WSA 305, Attached Map Last Chance Range, WSA 112, Attached Miles. #69, Desert Map #91 & 92: Map #39, Desert Map #D4: Palen/McCoy, WSA 325, Attached Map #55, Delete from Wilderness Consideration Cottonwood Creek Road, 24 Acres, Bound­ Desert Map #74 & 75: -174,800=0 (Entire Area); or ary, 4 Miles; Sand Draw Road, 24 Acres, Corridor 4 Make Sheep Hole Valley Road northeast Last Chance Road, 42 Acres, Boundary. 7 Miles; Boundary =51,200; or Miles; Tank Spring Road, 36 Acres, Corridor 6 Sheep Hole Valley Road, 86 Acres, Corridor WSA Acreage (na), 44,900- 66=4,834, 11 . Miles; 16 Miles; Manly Peak, WSA 124, Attached Map #42, WSA Acreage (214,149) 225,300- 60=225,240- WSA Acreage (174,800) 208,900- 96=208,804- Desert Map #D16, (now Death Valley Na­ 10 Miles. 16 Miles. tional Park Proposed-16): Palo Verde Mountains, WSA 352, Attached Stepladder Mountains, WSA 294, Attached Redlands Canyon Road, 24 Acres, Map #56, Desert Map #76: Map #75, Desert Map #100: Cherrystem, 3 Miles; Clapp Spring Loop Road, 18 Acres, Bound­ Chemehuevi Valley Road, 60 Acres, Cor­ WSA Acreage (16,105), 20700-24=20,676, 3 Miles;, Originally 27,100, 4,595 went to DVNP ary 3 Miles; ridor 10 Miles; East Stepladder Mountain Road, 60 Acres, Flat Top Road, 18 Acres, Cherrystem 3 and 6,400 deleted on map. Corridor 10 Miles; North Death Valley, WSA 118/119, Attached Miles; North Pass Road, 36 Acres, Corridor 5 Map #47, Desert Map #D5 (now Death Valley WSA Acreage (32,320) 32,320- 36=32,284-6 Miles; National Park Proposed- 5) : Miles. WSA Acreage (81,600) 85,300 -156=85,144-26 Oriental Road, 24 Acres, Boundary, 4 Miles; Picacho Peak, WSA 355a, Attached Map Miles. WSA Acreage (na), 50,200- 24=50,176, 4 #57, Desert Map #77: Turtle Mountains, WSA 307, Attached Map Miles. Bear Canyon Road, 18 Acres, Corridor 3 #78, Desert Map #104 & 105: Owlshead Mountains, WSA 156, Attached Miles; Castle Rock Road, 36 Acres, Cherrystem 6 Map #53, Desert Map #D17 (now Death Valley Carrizo Falls Road, 18 Acres, Boundary 3 Miles; National Park Proposed-17): Miles; Heritage Trail Road, 90 Acres, Corridor 15 Lost Lake Road, 48 Acres, Cherrystem, 8 WSA Acreage (7,700) 10,499-36=10,364-6 Miles; Miles; Miles. Virginia May Mine Road, 18 Acres, Owl Lake Road, 30 Acres, Cherrystem, 5 Piper Mountain, WSA 155, Attached Map Cherrystem 3 Miles; Miles; #58, Desert Map #79: Horn Peak Well Road, 36 Acres, Owlshead Mountain Road, 78 Acres, Cor­ Horse Thief Canyon Road, 48 Acres, Bound­ Cherrystem 6 Miles; ridor, 13 Miles; ary 8 Miles; WSA Acreage (144,500) 189,300-180=189,120- Quail Spring Road, 36 Acres, Cherrystem, 6 Lime Hill Pass Road, 48 Acres, Boundary 8 30 Miles. Miles; Miles; Whipple Mountains, WSA 312, Attached WSA Acreage (na), 136,100 -192=135,908, 32 Mount Nunn Road, 36 Acres, Cherrystem 6 Map #79, Desert Map #106: Miles. Miles; Whipple Well Road, 30 Acres, Cherrystem 5 Saline Valley, WSA 117/117A, Attached Map Piper Pass, 42 Acres, Corridor 7 Miles; Miles. #65, Desert Map #DB-10 (now Death Valley Soldier Pass Road, 30 Acres, Corridor 5 -Page 39, after line 4, add the following: National Park Proposed-B): Miles; ACCESS ROADS Eureka Dunes to Saline Valley via Marble WSA Acreage (72,600) 86,200- 204=85,996-34 SEc. 208. Notwithstanding any other provi­ Bath, 180 Acres, Corridor, 30 Miles; Miles. WSA Acreage (na), 486,300 -180=486,120, 30 sion of this Act, there are hereby designated Piute Mountain, WSA 288, Attached Map Miles. access routes on existing roads, trails, and #59, Desert Map #80; Surprise Canyon, WSA 136, Attached Map ways, as mapped by the United States Geo­ Fenner Pass Road, 48 Acres, Corridor 8 #76, Desert Map #101 & D15 (now Surprise logical Survey, Bureau of Land Management, Miles; Canyon and Death Valley National Park and the Automobile Club of Southern Cali­ Piute Mine Loop Road, 36 Acres, Proposed-15): fornia, as follows: Cherrystem 6 Miles; Hall/Jail Canyon High Road, 36 Acres, Greenwater Range, WSA 147, Attached Map WSA Acreage (37,800) 52,800-84=52,716-14 Cherrystem 6 Miles; #29, Desert Map #D19 & D20 (now Death Val­ Miles. Tuber Canyon Road, 30 Acres, Cherrystem ley National Park Proposed-19 & 20): Resting Spring Range, WSA 145, Attached 5 Miles; Greenwater Pass Road, 48 Acres, Corridor, WSA Acreage (29,180), 29,180-66=29,114, 11 Map #61 , Desert Map #81: 8 Miles; Old Traction Road, 36 Acres, Boundary 6 Miles; Originally 66,200, 37,020 now in DVNP. WSA Acreage (na), 163,900-48=163,852, 8 Slate Range/So. Panamint. WSA 137/142, Miles; Miles. WSA Acreage (78,868) 84,000-36=83,964-6 Attached Map #71, Desert Map #D16 (now Greenwater Valley, WSA 148, Attached Death Valley National Park Proposed-16): Miles. Map #30, Desert Map #D24 (now Death Valley Rice Valley, WSA 322, Attached Map #62, North Windgate Pass Road, 48 Acres, Cor­ National Park Proposed-1): ridor, 8 Miles; Desert Map #82: Virgin Spring Road, 48 Acres, Cherrystem, Eagle Nest Mine Loop, 60 Acres, Corridor WSA Acreage (na), 86,420-48=86,372, 8 8 Miles; Miles; Originally 106,900, 20,480 deleted on 10 Miles. WSA Acreage (na), 54,600- 48=54,552, 8 Riverside Mountains, WSA 321A, Attached map. Miles. -Page 43, after line 12, add the following: Map #63, Desert Map #83: Hunter Mountain, WSA 123, Attached Map Gold Rice Mine Road, 36 Acres, Corridor 6 #30.5, Desert Map #D25 (now Death Valley ACCESS ROADS miles; National Park Proposed-2): SEc. 308. Notwithstanding any other provi­ Old BlytheNidal Road (Big Wash), 24 Dodd Springs Road, 48 Acres, Corridor, 8 sion of this Act, there are hereby designated Acres, Corridor 4 Miles; Miles; access routes on existing roads, trails, and WSA Acreage (22,380) 25,300-60=25,240-10 WSA Acreage (na), 26,400-48=26,352, 8 ways, as mapped by the United States Geo­ Miles. Miles. logical Survey, Bureau of Land Management, Sacatar, WSA 157, Attached Map #64.5, Ibex, WSA 149, Attached Map #31, Desert and the Automobile Club of Southern Cali­ Desert Map #85 & 86: Map #40 & D21 (now Death Valley National fornia, as follows: Sacatar Trail, 42 Acres, Corridor 7 Miles; Park Proposed-21): Eagle Mountain, WSA 334, Attached Map WSA Acreage (51,900) 52,600-42=52,558-7 American Mine Road, 18 Acres, #22, Desert Map #J3, (now Joshua Tree Na­ Miles. Cherrystem, 3 Miles; tional Park Proposed-2): Santa Rosa Wilderness, WSA 341, Attached Confidence Road, 18 Acres, Boundary, 3 Big Wash Road, 72 Acres, Corridor, 12 Map #66, Desert Map #89: Miles; Miles; Pinyon Alta Flat Road, 42 Acres, Rusty Pick Road, 12 Acres, Cherrystem, 2 Storm Jade Mine Road, 48 Acres, Corridor, Cherrystem 7 Miles; Miles; 8 Miles; WSA Acreage (53,240) 78,200- 42=78,158-7 Sheephead Pass Road, 60 Acres, Corridor, WSA Acreage (na) 67,500 -120=67 ,380-20 Miles. 10 Miles. Miles. May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10353 -Page 54, after line 4, add the following: Beecher Canyon Road, 12 Acres, specific authorization of an Act of Congress. ACC ESS ROADS Cherrystem, 2 Miles; Provided further, that operational funding Summit Spring Road, 12 Acres, and staffing to support new National Park SEC. 416 . Notwithstanding any other provi­ Cherrystem, 2 Miles; Service responsibilities established pursuant sion of this Act, there are hereby designated Tough Nut Spring Road, 36 Acres, Corridor, to this Act may not be reallocated from any access routes on existing roads, trails, and National Park Service area outside the State ways, as mapped by the United States Geo­ 6 Miles; Whiskey Spring Road, 12 Acres, of California." logical Survey, Bureau of Land Management, Cherrystem, 2 Miles; Explanation: This amendment ensures that and the Automobile Club of Southern Cali­ WSA Acreage (na) 64 ,400- 84=64,316, 14 actual costs for this legislation (as projected fornia, as follows: by CBO ) do not exceed the amount author­ Castle Peaks, WSA 266 , Attached Map #13 , Miles. ized by Congress. Desert Map #M2, (now Mojave National Park South Providence: Mountains, WSA 262 , Attached Map #74, By Mr. LAROCCO: Proposed- 1): -Page 43, line 13, strike " PARK" and insert Coats Spring Road, 12 Acres, Cherrystem, 2 Desert Map #M8, (now Mojave National Park ·'PRESERVE" . Miles; Proposed- 7) Quail Spring Road, 36 Acres, Corridor, 6 -Page 44, line 3, strike " park" and insert Crescent Peak Road, 36 Acres, Boundary, 6 " preserve" . Miles; Miles; WSA Acreage (na) 25,700- 36=25,664-6 -Page 44, line 15, strike " PARK" and insert Dove Spring Road, 90 Acres, Corridor, 15 " preserve" . Miles; Miles. Table Mountain, WSA 270, Attached Map -Page 44, line 17, strike " Park" and insert Indian Spring Road, 12 Acres, Cherrystem, " Preserve". 2 Miles; #77 , Desert Map #M17 , (now Mojave National Park Proposed-6): -Page 45, line 9, strike " park" and insert Juniper Spring Loop, 48 Acres, ''preserve''. Cherrystem, 8 Miles; Woods Wash Road, 24 Acres, Corridor 4 Miles; - Page 45, line 24, insert " (a)" after " SEC. WSA Acreage (na) 49,700 -186=49,514-31 406.". Miles. WSA Acreage (na) 10,000- 24=9,976, 4 Miles. Woods Mountain, WSA 271, Attached Map Page 45, line 24, strike " park" and insert Cima Dome, WSA 237/238, Attached Map '·preserve". #17, Desert Map #M3, (now Mojave National #81 , Desert Map #M18, (now Mojave National Park proposed-7): -Page 46 , after line 3, insert the following: Park Proposed- 2): " (b) The Secretary shall permit hunting, Deer Spring Loop, 48, Corridor, 8; Black Canyon Connection Road, 18 Acres, Corridor, 3 Miles; fishing, and trapping on lands and waters WSA Acreage (na) 28 ,600 - 48=28,552-8 within the preserve designated by this Act in Miles. Hackberry Mountain Loop Road, 48 Acres, Corridor, 8 Miles; accordance with the applicable Federal and Cinder Cones, WSA 239 , Attached Map #18, State laws except that the Secretary may Desert Map #M4, now MNP-3): Watson Wash Road, 24 Acres, Corridor, 4 Miles; designate areas where, and establish periods Cane Spring Road, 24 Acres, Corridor, 4 when, no hunting, fishing, or trapping will be Miles; Woods Wash Road, 36 Acres, Corridor, 6 Miles; permitted for reasons of public safety, ad­ Club Peak Road, 48 Acres, Corridor, 8 ministration, or compliance with provisions Miles; WSA Acreage (na) 79,400 -126=79,274-21 Miles. of applicable law. Except in emergencies, Granite Spring Road, 78 Acres, Corridor, 13 regulations closing areas to hunting, fishing, Miles; By Mr. YOUNG of Alaska: - Insert in 609(b) following " to the Commit­ or trapping pursuant to this subsection shall Indian Spring Road, 12 Acres, Cherrystem, be put into effect only after consultation 2 Miles; tees a '' " report on the fulfillment of the obliga­ with the appropriate State agency having re­ WSA Acreage (na) 63,300 -162=63,13B-27 sponsibility for fish and wildlife. Nothing in Miles. tions of the Secretary pursuant to Section 12 of Public Law 94-024, as amended and those this Act shall be construed as affecting the Fort Piute, WSA 267 , Attached Map #23, jurisdiction or responsibilities of the States Desert Map #M6, (now Mojave National Park Native American property accounts to be fulfilled through that act by assignment and with respect to fish and wildlife on Federal proposed- 5): lands and waters covered by this title nor Piute Mountains Road, 36 Acres, Boundary, the proposed methods of fulfilling such obli­ gations, and a" shall anything in this Act be construed as 6 Miles, (Use road as Boundary, loss of 2,480 authorizing the Secretary concerned to re­ acres): -In 609(c)(l) change the first " an" to " a " and insert the word " proposed" after " if an" quire a Federal permit to hunt, fish, or trap WSA Acreage (na) 72,400-36=72,364-6 on Federal lands and waters covered by this Miles, Or 72 ,400- 2,480=69,920- 0=69,920-0 in the first line and after " report of each such" in the last line. title.". Miles. -Page 46, line 6, strike " park" and insert Kelso Mountains, WSA 249, Attached Map -Insert in 609(c)(2) following " exchange agreements" " preserve". #36, Desert Map #M9, (now Mojave National -Page 46, line 16, strike " park" and insert Park Proposed-B): " with Catellus" -Insert in 609(e) following "completed" at "preserve" . Kelso Mine Road, 24 Acres, Cherrystem, 4 -Page 46, line 24, strike " park" and insert Miles; the end of the first sentence " preserve" . Old Baker to Kelso, Road, 72 Acres, Cor­ " and a list of the Native American prop­ -Page 47, line 7, strike " park" and insert ridor, 12 Miles; erty accounts that have not been fully uti­ " preserve." WSA Acreage (na) 80,500-96=80,404-16 lized' ' Page 47, line 10, strike " park" and insert Miles. -Insert in 609(0 at the beginning ''preserve''. Granite Mountains, WSA 256 , Attached " Upon 60-day written notice by the Sec­ -Page 47, line 20 , strike " Park" and insert Map #27 , Desert Map #35, 36 & M7, (now Bris­ retary to the holders of the Native American "Preserve". tol Mountains & Mojave National Park Pro­ property accounts that have not been fully -Page 47, line 23 , strike " park" and insert posed- 7): utilized." " preserve" . Heritage Trail, 60 Acres, Corridor-10 -Add to the end of Section 202 the following: -Page 49, line 6, strike " park" and insert Miles; " Notwithstanding the foregoing, map No. " preserve". Midhills, WSA 264, Attached Map #45, D- 19 of the Death Valley National Park -Page 49, line 11, strike "park" and insert Desert Map #M13, (now Mojave National Boundary and Wilderness proposed, shall ''preserve' '. Park Proposed-2): conform to map No. D-19 dated, July 1993- -Page 49, line 14, strike " park" and insert Wildcat Springs Road, 36 Acres, Corridor- referred to in S. 21 as passed by the Senate " preserve". 6 Miles; on April 13, 1994." -Page 50, line 4, strike "Park" and insert WSA Acreage (na) 22,900- 36=22,864-6 By Mr. DUNCAN: "Preserve". Miles. -Strike Section 702 in its entirety and in­ -Page 50, line 7, strike " park" and insert Old Dad Mountains, WSA 243, Attached sert the following: " preserve". Map #49, Desert Map #M10, (now Mojave Na­ " Sec. 702. -Page 50 , line 18, strike " Park" and insert tional Park Proposed-9): Authorization of Appropriations. There are " Preserve" . Mojave Road Wet Weather Loop Road, 54 hereby authorized to be appropriated to -Page 50, line 21 , strike " park" and insert Acres, Corridor- 9 Miles; carry out the purposes of the Act an amount " preserve' '. WSA Acreage (na) 100,560- 54=100,506-9 not to exceed $36 million for all additional -Page 51, line 5, strike "Park" and insert Miles. construction and operational costs over the " Preserve" . Providence Mountains: WSA 263, Attached next 5 years and $300 million for all land ac­ -Page 51, line 8, strike " park" and insert Map #60, Desert Map #M15: quisition costs. No funds in excess of these " preserve". ~arber Well Road, 12 Acres, Cherrystem, 2 amounts may be used for any purpose au­ -Page 51 , line 15, strike " park" and insert M1les; thorized under this Act without additional, " preserve" .

79-059 0-97 Vol. 140 (Pt. 7) 47 10354 CONGRESSIONAL RECORD-HOUSE May 16, 1994 -Page 51, line 17, strike ··park" and insert recognized Indian tribe located in the State -Page 67, line 19, strike '"Catellus" and in­ " preserve". of California. sert '·the landowner" . -Page 51, line 20, strike " park" and insert By Mr. THOMAS of Wyoming and Mr. -Page 67, line 23 , strike •· catellus'' and in­ ''preserve''. ALLARD: sert "' The landowner'·. -Page 51, line 22 , strike ''park'' and insert -On page 61, after line 13, insert the follow­ - Page 68, line 6, strike " Catellus'' and insert " preserve". ing: the " landowner's" . -Page 51, line 25 , strike " park-related'" and (e) Nothing in this Act shall be construed - Page 68, line 8, strike •· catellus" and insert insert " preserve-related". to affect the operation of federally owned the " landowner''. -Page 51, line 26, strike " park" and insert dams located on the Colorado River in the -Page 68. line 9, strike " Catellus" and insert " preserve" . Lower Basin. ·'the landowner''. -Page 52, line 4, strike " park" and insert (f) Nothing in this Act shall be construed - Page [53}, after line-[24], add the follow­ " preserve". to amend, supersede, or preempt any State ing: -Page 52, line 13, strike " park" and insert law. Federal law, interstate compact. or MOJAVE NATIONAL PARK ADVISORY " preserve". international treaty pertaining to the Colo­ COMMISSION - Page 53, line 3, strike " park" and insert rado River (including its tributaries) in the SEC. 416. (a) The Secretary shall establish " preserve". Upper Basin, including, but not limited to a Mojave National Park Advisory Commis­ -Page 53 , line 6, strike " park" and insert the appropriation, use, development, storage, sion, which shall have oversight and advi­ " preserve '. regulation, allocation, conservation, expor­ sory responsibilities regarding the existing - Page 53 , line 9, strike " park" and insert tation, or quality of those rivers. and expansion areas of the park and which " preserve". (g) With respect to the Havasu and Impe­ shall advise on the deployment and imple­ -Page 53, line 12, strike " park" and insert rial wilderness areas designated by section mentation of the management plan required " preserve" . 111 of Title I of this Act, no rights to water by section 411. -Page 53, line 18, strike " park" and insert of the Colorado River are reserved, either ex­ (b) The advisory commission shall- " preserve" . pressly, impliedly, or otherwise. (!) be operated under the procedures of the -Page 53 , line 25, strike " park" and insert BRIEF EXPLANATION OF ALLARD-THOMAS Federal Advisory Committee Act; ''preserve''. AMENDMENT (2) be composed of representatives from - Page 54 , line 2, strike " PARK" and insert This amendment ensures that there would major disciplines and uses within the Mojave " PRESERVE". be no undesirable impact on the Colorado National Park; -Page 54, line 4, strike " Park" and insert River and its operations as a consequence of (3) include an elected official of local gov­ " Preserve•·. this Act. It provides protections for the ernment for the jurisdiction within which -Page 55, line 8, strike " Park" and insert Upper Colorado River Basin water entitle­ the park lies; and "Preserve". ments. It is identical to the provision that (4) have membership from the ranching, -Page 59, line 5, strike " wilderness or was included in S. 21 passed by the Senate mining, and inholders groups. parks" and insert " wilderness, parks, or pre­ and was modeled after the language included (c) The advisory commission shall cease to serve". in the Arizona Desert Wilderness Act which exist ten years after the date of its establish­ -Page 59, line 8, strike " wilderness or passed in 1990. It clarifies the intent of Con­ ment. parks" and insert " wilderness, parks, or pre­ gress and ensures consistency in the treat­ -Page 64, strike line 22 and all that follows serve''. ment of the Colorado River with respect to through line 9 on page 69 (all of section 609). -Page-[43], after line-[2], add the follow­ -Page 59 , beginning on line 22 , strike "parks management and water rights. ing: and wilderness" and insert " parks, wilder­ By Mr. THOMAS of California: ness, and preserve". - On page 6, delete lines 13 through 22 and in­ JOSHUA TREE NATIONAL PARK ADVISORY -Page 59, line 25, strike '·parks and wilder­ sert the following in lieu thereof: COMMISSION ness" and insert " parks, wilderness, and pre­ "(1) Certain lands in the California Desert SEC. 308 (a) The Secretary shall establish a serve''. Conservation Area, the Bureau of Land Man­ Joshua Tree National Park Advisory Com­ -Page 60 , beginning on line 4, strike " park agement which comprise approximately sev­ mission, which shall have oversight and ad­ or wilderness" and insert "park, wilderness, enty-four thousand two hundred and fifty visory responsibilities regarding the existing or preserve". acres, as generally depicted on a map enti­ and expansion areas of the park and which By Mr. RICHARDSON: tled 'Argus Range Wilderness-Proposed 1' , shall advise on the development and imple­ -Page 59 , line 22, insert "(a)" after " 606. " . dated May 1991, and two maps entitled mentation of the management plan required -Page 60, after line 11, insert the following: " Argus Range Wilderness-Proposed 2', dated by section 309. (b)(l) ,The Secretary, in consultation with January 1989 , and 'Argus Range Wilderness­ (b) The advisory commission shall- the Timbisha Shoshone Tribe and relevant Proposed 3', dated May 1994, and which shall (1) be operated under the procedures of the Federal agencies, shall conduct a study, sub­ be known as the Argus Range Wilderness." Federal Advisory Committee Act; ject to the availability of appropriations, to By Mr. DELAY: (2) be composed of representatives from identify lands suitable for a reservation for -Page 69, after line 23, add the following: major disciplines and uses within the Joshua the Timbisha Shoshone Tribe that are lo­ Tree National Park; cated within the Tribe's aboriginal homeland TITLE VIII-REQUIREMENT FOR LAND DISPOSAL UPON LAND ACQUISITION (3) include an elected official of local gov­ area. ernment for the jurisdiction within which (2) Not later than two years after the date LAND DISPOSAL UPON LAND ACQUISITION the park lies; and of enactment of this Act, the Secretary shall SEc. 801. Within one year of acquiring any (4) have membership from the ranching, submit a report to the Committee on Energy non-Federal land or interest therein for any mining, and inholds groups. and Natural Resources and the Committee purpose of this Act, the Secretary shall dis­ (c) The advisory commission shall cease to on Indian Affairs of the Senate, and the pose of all right, title, and interest in and to exist ten years after the date of its establish­ Committee on Natural Resources of the a quantity of Federal lands equal in value to ment. House of Representatives on the results of the non-Federal land or interest acquired, as GENERAL MANAGEMENT PLAN the study conducted under paragraph (1). determined by the Secretary. SEc. 309. Within three years of the date of -Page 62, after line 25, insert the following: By Mr. LEWIS of California: enactment of this title, the Secretary shall (3) Any other Federal land, or interest -Page 64, beginning of line 23, strike " the submit to the Committee on Energy and Na­ therein, within the State of California, Catellus" and all that follows through " tional Resources of the Senate and the Com­ which is or becomes surplus to the needs of 'Catellus')" and insert "holder of private mittee on Natural Resources of the House of the Federal Government. The Secretary may lands (hereafter in this section referred to as Representatives, a detailed and comprehen­ exclude, in his discretion, lands located the 'landowner')". sive management plan for the park. within or contiguous to, the exterior bound­ -Page 65, line 3, strike "Catellus" and insert -Page, after line-[21], add the following: aries of lands held in trust for a federally " the landowner". recognized Indian tribe located in the State -Page 65, line 7, strike " Catellus" and insert DEATH VALLEY NATIONAL PARK ADVISORY of California. " the landowner". COMMISSION -Page 66, after line 2, insert the following: -Page 65, line 9, strike " Catellus" and insert SEC. 208. (a) The Secretary shall establish (3) Any other Federal land, or interest " the landowner". a Death Valley National Park Advisory Com­ therein, within the State of California, -Page 67, line 8, strike " Catellus" and insert mission, which shall have oversight and ad­ which is or becomes surplus to the needs of " the landowner". visory responsibilities regarding the existing the Federal Government. The Secretary may -Page 67, line 12, strike "Catellus" and in­ and expansion areas of the park and which exclude, in his discretion, lands located sert " private". shall advise on the development and imple­ within, or contiguous to, the exterior bound­ -Page 67, line 17, strike " Catellus" and in­ mentation of the management plan required aries of lands held in trust for a federally sert 'each landowner". by section 209. May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10355 (b) The advisory commission shall- California, which comprise approximately agement, California, which comprise ap­ (1) be operated under the procedures of the twenty-eight thousand two hundred and proximately four thousand three hundred Federal Advisory Committee Act. ninety-one acres, as generally depicted on a and twenty-three acres, as generally de­ (2) be composed of representatives from map entitled '·Southern Inyo Proposal", picted on a map entitled "Western Otay major disciplines and uses within the Death dated June 1988 (CA-010-056). Mountain Proposal", dated June 1988 (CA- Valley, National Park; (4) Certain public lands in the Bakersfield 060-028). (3) include an elected official of local gov­ District of the Bureau of Land Management. (15) Certain public lands in the California ernment for the jurisdiction within which California, which comprise approximately Desert District of the Bureau of Land Man­ the park lies; and one thousand nine hundred and eighty-three agement, California, which comprise ap­ (4) have membership from the ranching, acres, as generally depicted on a map enti­ proximately six thousand seven hundred and mining, and inholders groups. tled "Pinnacles Proposal", dated June 1988 eighty-three acres, as generally depicted on (c) The advisory commission shall cease to (CA- 040-303). a map entitled "Southern Otay Mountain exist ten years after the date of its establish­ (5) Certain public lands in the Susanville Proposal". dated June 1988 (CA-060-029). ment. District of the Bureau of Land Management, (16) Certain public lands in the California GENERAL MANAGEMENT PLAN California, which comprise approximately Desert District of the Bureau of Land Man­ SEC. 209. Within three years of the date of seven thousand four hundred and forty-three agement, California, which comprise ap­ enactment of this title, the Secretary shall acres, as generally depicted on a map enti­ proximately three hundred ninety-two thou­ submit to the Committee on Energy and tled "Pit River Canyon Proposal", dated sand six hundred forty-three acres. as gen­ Natural Resources of the Senate and the June 1988 (CA-020-103). erally depicted on a map entitled "Saline Committee on Natural Resources of the (6) Certain public lands in the Susanville Valley Proposal", dated June 1988 (CDCA- House of Representatives, a detailed and District of the Bureau of Land Management, 117). Of this acreage approximately thirty comprehensive management plan for the California, which comprise approximately thousand two hundred and ninety-five acres park. seven thousand eight hundred and eighty­ are added to the National Park System pur­ -Strike all after the enacting clause and in­ nine acres, as generally depicted on a map suant to section 4(a)(1) of this Act. sert the following: That this Act may be entitled "Tunnison Mountain Proposal". (17) Certain public lands in the California cited as the '·California Desert and Employ­ dated June 1988 (CA-020-311). Desert District of the Bureau of Land Man­ ment Preservation Act of 1994". (7) Certain public lands in the Susanville agement, California, which comprise ap­ SEC. 2. The Congress finds that- District of the Bureau of Land Management, proximately two thousand one hundred and (a) many areas of undeveloped public land California, which comprise approximately fifty-four acres, as generally depicted on a in California and one parcel in Washoe Coun­ thirty-seven thousand and fifty-five acres lo­ map entitled "Lower Saline Valley Pro­ ty, Nevada, administered by the Bureau of cated in Lassen County, California, and five posal", dated June 1988 (CDCA-117A). Land Management have outstanding natural hundred and eighty-nine acres located in (18) Certain public lands in the California characteristics that give them high value as Washoe County, Nevada, as generally de­ Desert District of the Bureau of Land Man­ wilderness and that can, if properly man­ picted on a map entitled "Skedaddle Pro­ agement, California, which comprise ap­ aged, serve as an enduring resource of wil­ posal", dated June 1988 (CA-020-612). How­ proximately thirty five thousand seven hun­ derness for the benefit of the American peo­ ever, the designation of the Skedaddle Wil­ dred and ninety-two acres, as generally de­ ple; derness Area will in no way be construed or picted on a map entitled "Little Sand Spring (b) it is in the national interest that these used to restrain current or future activities Proposal". dated June 1988 (CDCA-119A). All areas be promptly designated as components associated with the adjacent Sierra Army of this acreage is hereby added to the Na­ of the National Wilderness Preservation Sys­ Depot. tional Park System pursuant to section tem in order to preserve and maintain them (8) Certain public lands in the Susanville 4(a)(1) of this Act. as an enduring resource of wilderness to be District of the Bureau of Land Management, (19) Certain public lands in the California California, which comprise approximately managed to promote and perpetuate their Desert District of the Bureau of Land Man­ wilderness character and their specific mul­ one thousand one hundred and sixty-one agement, California, which comprise ap­ tiple values for natural systems biodiversity, acres, as generally depicted on a map enti­ proximately fifty-eight thousand three hun­ watershed preservation, wildlife habitat pro­ tled "South Warner Proposal", dated June dred and ninety-two acres, as generally de­ tection, scenic and historic preservation, sci­ 1988 (CA-020-708). (9) Certain public lands in the Ukiah Dis­ picted on a map entitled "Inyo Mountains entific research and education use, primitive Proposal". dated June 1988 (CDCA-122). recreation, solitude, physical and mental trict of the Bureau of Land Management, (20) Certain public lands in the California challenge, and inspiration for the benefit of California, which comprise approximately four thousand one hundred and forty-three Desert District of the Bureau of Land Man­ present and future generations of the Amer­ agement, California, which comprise ap­ ican people; and acres, as generally depicted on a map enti­ (c) certain areas of public lands located in tled "Chemise Mountain Proposal", dated proximately twenty thousand and thirty Inyo and Riverside Counties, California are June 1988 (CA-050-111). acres, as generally depicted on a map enti­ appropriate for transfer from the Bureau of (10) Certain public lands in the Ukiah Dis­ tled "Hunter Mountain Proposal", dated Land Management to the National Park trict of the Bureau of Land Management, June 1988 (CDCA-123). Service as additions to the Death Valley and California, which comprise approximately (21) Certain public lands in the California Joshua Tree National Monuments. twenty thousand two hundred and forty­ Desert District of the Bureau of Land Man­ SEC. 3. (a) As used in this Act, the term eight acres, as generally depicted on a map agement, California, which comprise ap­ "public lands" shall have the same meaning entitled " King Range Proposal", dated June proximately ninety thousand six htmdred as defined in section 103(e) of the Federal 1988 (CA-050-112) . and twenty-six acres, as generally depicted Land Policy and Management Act of 1976. (11) Certain public lands in the California on a map entitled "Panamint Dunes Pro­ (b) As used in this Act the term "Sec­ Desert District of the Bureau of Land Man­ posal", dated June 1988 (CDCA-127). retary" means the Secretary of the Interior. agement, California, which comprise ap­ (22) Certain public lands in the California SEc. 4. (a) In furtherance of the purposes of proximately three hundred and forty-four Desert District of the Bureau of Land Man­ the Wilderness Act, the following public acres, as generally depicted on a map enti­ agement, California, which comprise ap­ lands are hereby designated as wilderness, tled "Agua Tibia Proposal" dated June 1988 proximately fourteen thousand and seventy­ and therefore, as components of the National (CA-060-002). nine acres, as generally depicted on a map Wilderness Preservation System: (12) Certain public lands in the California entitled "Wild Rose Canyon Proposal". dated (1) Certain public lands in the Bakersfield Desert District of the Bureau of Land Man­ June 1988 (CDCA-134). District of the Bureau of Land Management, agement, California, which comprise ap­ (23) Certain public lands in the California California, which comprise approximately proximately twenty-two thousand eight hun­ Desert District of the Bureau of Land Man­ fifteen thousand eight hundred and ninety­ dred and seventy-five acres, as generally de­ agement, California, which comprise ap­ seven acres, as generally depicted on a map picted on a map entitled "Sawtooth Moun­ proximately forty four thousand five hun­ entitled " Owens Peak Proposal", dated June tains Proposal", dated June 1988 (CA-060- dred and thirty-six acres, as generally de­ 1988 (CA-1-026). 024B). picted on a map entitled "Slate Range Pro­ (2) Certain public lands in the Bakersfield (13) Certain public lands in the California posal", dated June 1988 (CDCA-142). District of the Bureau of Land Management, Desert District of the Bureau of Land Man­ (24) Certain public lands in the California California, which comprise approximately agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ ten thousand seven hundred and twenty-one proximately fifteen thousand four hundred agement, California, which comprise ap­ acres, as generally depicted on a map enti­ and eight acres, as generally depicted on a proximately twenty three thousand four tled "Sacatar Meadows Proposal", dated map entitled "Carrizo George Proposal", acres, as generally depicted on a map enti­ June 1988 (CA-010-027). dated June 1988 (CA-060-025A). tled "Funeral Mountains Proposal", dated (3) Certain public lands in the Bakersfield (14) Certain public lands in the California June 1988 (CDCA-143). Of this acreage ap­ District of the Bureau of Land Management, Desert District of the Bureau of Land Man- proximately fifteen thousand seven hundred 10356 CONGRESSIONAL RECORD-HOUSE May 16, 1994 and seventy-eight acres are added to the Na­ proximately eleven thousand one hundred (48) Certain public lands in the California tional Park System pursuant to section and sixty-nine acres, as generally depicted Desert District of the Bureau of Land Man­ 4(a)(l) of this Act. on a map entitled " Whitewater Proposal", agement, located in California, which com­ (25) Certain public lands in the California dated June 1988 (CDCA- 218A). prise approximately seventy two thousand Desert District of the Bureau of Land Man­ (37) Certain public lands in the California sixty-three acres, as generally depicted on a agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ map entitled " Whipple Mountains Proposal", proximately twenty two thousand eight hun­ agement, California, which comprise ap­ dated June 1988 (CDCA-312). dred and eleven acres, as generally depicted proximately thirty-four thousand three hun­ (49) Certain public lands in the Yuma, Ari­ on a map entitled " Greenwater Valley Pro­ dred and sixty-nine acres, as generally de­ zona, District of the Bureau of Land Manage­ posal", dated June 1988 (CDCA-148). picted on a map entitled " Kinston Range ment, located in California, which comprise (26) Certain public lands in the California Proposal" , dated June 1988 (CDCA-222). approximately one thousand three hundred Desert District of the Bureau of Land Man­ (38) Certain public lands in the California and forty-three acres, as generally depicted agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ on a map entitled " Whipple Mountains Addi­ proximately seventy-nine thousand eight agement, California, which comprise ap­ tion Proposal" , dated June 1988 (AZ- 050-010). hundred and sixty-eight acres, as generally proximately forty-one thousand seven hun­ (50) Certain public lands in the California depicted on a map entitled " Nopah Range dred and one acres, as generally depicted on Desert District of the Bureau of Land Man­ Proposal", dated June 1988 (CDCA-150). a map entitled " Cinder Cones Proposal", agement, California, which comprise ap­ (27) Certain public lands in the California dated June 1988 (CDCA- 239) . proximately seventy-five thousand six hun­ Desert District of the Bureau of Land Man­ (39) Certain public li:mds in the California dred and sixty-five acres, as generally de­ agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ picted on a map entitled " Palen/McCay Pro­ proximately one hundred twenty-one thou­ agement, California, which comprise ap­ posal", dated June 1988 (CDCA-325). sand nine hundred and twelve acres, as gen­ proximately forty-six thousand four hundred (51) Certain public lands in the California erally depicted on a map entitled " Owlshead and five acres, as generally depicted on a Desert District of the Bureau of Land Man­ Mountains Proposal", dated June 1988 map entitled " Kelso Dunes Proposal", dated agement, California, which comprise ap­ (CDCA-156). June 1988 (CDCA- 250) . proximately fifty-two thousand seven hun­ (28) Certain public lands in the California (40) Certain public lands in the California dred and eighty-two acres, as generally de­ Desert District of the Bureau of Land Man­ Desert District of the Bureau of Land Man­ picted on a map entitled " Coxcomb Moun­ agement, California, which comprise ap­ agement, California, which comprise ap­ tains Proposal" , dated June 1988 (CDCA-328). proximately thirty-two thousand one hun­ proximately forty-three thousand two hun­ (52) Certain public lands in the California dred and twenty-five acres, as generally de­ dred and thirty-two acres, as generally de­ Desert District of the Bureau of Land Man­ picted on a map entitled " Little Lake Can­ picted on a map entitled " Bristol/Granite agement, California, which comprise ap­ yon Proposal" , dated June 1988 (CDCA- 157). Mountains Proposal" , dated June 1988 proximately fifty-one thousand four hundred (29) Certain public lands in the California (CDCA- 256) . and thirty-four acres, as generally depicted Desert District of the Bureau of Land Man­ (41) Certain public lands in the California on a map entitled " Eagle Mountains Pro­ agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ posal" , dated June 1988 (CDCA- 334). proximately twenty-six thousand one hun­ agement, California, which comprise ap­ (53) Certain public lands in the California dred and thirteen acres, as generally de­ proximately twenty-four thousand two hun­ Desert District of the Bureau of Land Man­ picted on a map entitled " Owens Peak Pro­ dred and thirty-eight acres, as generally de­ agement, California, which comprise ap­ posal" , dated June 1988 (CDCA-158). picted on a map entitled " South Providence proximately forty-seven thousand one hun­ (30) Certain public lands in the California Mountains Proposal" , dated June 1988 dred and forty acres, as generally depicted Desert District of the Bureau of Land Man­ (CDCA-262). on a map entitled " Santa Rosa Mountains agement, California, which comprise ap­ (42) Certain public lands in the California Proposal", dated June 1988 {CDCA-341). proximately thirteen thousand nine hundred Desert District of the Bureau of Land Man­ (54) Certain public lands in the California and eighty-six acres, as generally depicted agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ on a map entitled " El Paso Mountains Pro­ proximately fifty-nine thousand six hundred agement, California, which comprise ap­ posal", dated June 1988 (CDCA- 164). and eighty-one acres, as generally depicted proximately seven thousand one hundred and (31) Certain public lands in the California on a map entitled " Providence Mountains ninety-nine acres, as generally depicted on a Desert District of the Bureau of Land Man­ Proposal" , dated June 1988 (CDCA-263). map entitled " Mecca Hills Proposal" , dated agement, California, which comprise ap­ ( 43) Certain public lands in the California June 1988 (CDCA-343). proximately twenty-nine thousand one hun­ Desert District of the Bureau of Land Man­ (55) Certain public lands in the California dred and thirteen acres, as generally de­ agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ picted on a map entitled " Golden Valley Pro­ proximately forty-three thousand five hun­ agement, California, which comprise ap­ posal" , dated June 1988 (CDCA-170). dred and nineteen acres, as generally de­ proximately twenty-eight thousand two hun­ (32) Certain public lands in the California picted on a map entitled " Castle Peaks Pro­ dred and seven acres, as generally depicted Desert District of the Bureau of Land Man­ posal", dated June 1988 (CDCA-266). on a map entitled ··orocopia Mountains Pro­ agement, California, which comprise ap­ (44) Certain public lands in the California posal", dated June 1988 (CDCA- 344). proximately twenty thousand two hundred Desert District of the Bureau of Land Man­ (56) Certain public lands in the California and ninety-one acres, as generally depicted agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ on a map entitled " Newberry Mountains Pro­ proximately thirty-four thousand eight hun­ agement, California, which comprise ap­ posal", dated June 1988 (CDCA- 206). dred and fifty-four acres, as generally de­ proximately fifty-seven thousand thirty (33) Certain public lands in the California picted on a map entitled " Fort Piute Pro­ acres, as generally depicted on a map enti­ Desert District of the Bureau of Land Man­ posal", dated June 1988 (CDCA- 267). tled " Chuckwalla Mountains Proposal", agement California, which comprise approxi­ (45 ) Certain public lands in the California dated June 1988 (CDCA)- 348). mately seventeen thousand six hundred and Desert District of the Bureau of Land Man­ (57) Certain public lands in the California thirty acres, as generally depicted on a map agement, California, which comprise ap­ Desert District of the Bureau of Land Man­ entitled " Rodman Mountains Proposal" , proximately one hundred sixteen thousand agement, California, which comprise ap­ dated June 1988 (CDCA- 207 );. four hundred and eighty acres, as generally proximately thirty-one thousand four hun­ (34 ) Certain public lands in the California depicted on a map entitled " Turtle Moun­ dred and ninety-three acres, including eight Desert District of the Bureau of Land Man­ tains Proposal", dated June 1988 (CDCA-307). hundred and ninety-one acres adjacent to the agement, California, which comprise ap­ (46) Certain public lands in the California Wilderness Study Area, as generally depicted proximately eleven thousand sixty-eight Desert District of the Bureau of Land Man­ on a map entitled " Julian Wash (formerly acres, as generally depicted on a map enti­ agement, California, which comprise ap­ Indian P.ass) Proposal", dated June 1988 tled " Bighorn Mountains Proposal" , dated proximately sixty-one thousand eight hun­ (CDCA-355). June 1988 (CDCA-217); . dred and fifty-three acres, as generally de­ (58) Certain public lands in the California (35) Certain public lands in the California picted on a map entitled " Chemehuevi Desert District of the Bureau of Land Man­ Desert District of the Bureau of Land Man­ Mountains Proposal", dated June 1988 agement, California, which comprise ap­ agement, California, which comprise ap­ (CDCA- 310). proximately five thousand four hundred and proximately six thousand four hundred and (47) Certain public lands in the Yuma, Ari­ fifty-five acres, as generally depicted on a ten acres, as generally depicted on a map en­ zona District of the Bureau of Land Manage­ map entitled " Gavilan (formerly Picacho titled " Morongo Proposal" , dated June 1988 ment, located in California, v,vhich comprise Peak) Proposal" , dated June 1988 (CDCA- (CDCA-218). approximately nine hundred and thirty-eight 355A). (36) Certain public lands in the California acres, as generally depicted on a map enti­ (59) Certain public lands in the California Desert District of the Bureau of Land Man­ tled " Chemehuevi/Needles Addition Pro­ Desert District of the Bureau of Land Man­ agement, California, which comprise ap- posal", dated June 1988 (AZ-050-004). agement, California, which comprise ap- May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10357 proximately twenty-five thousand seven are, by operation of law and without consid­ SEc. 11. In recognition of the past use of hundred and sixteen acres, as generally de­ eration, transferred to the administrative ju­ portions of the wilderness areas designated picted on a map entitled "North Algodones risdiction of the National Park Service. The by this Act by Indian people for traditional Dunes Proposal", dated June 1988 (CDCA- boundaries of the California Desert District; cultural and religious purposes, the Sec­ 360). Death Valley National Monument and Josh­ retary shall assure access to the wilderness (60) Certain public lands in the California ua Tree National Monument are adjusted ac­ areas by Indian people for traditional cul­ Desert District of the Bureau of Land Man­ cordingly. The areas added to the National tural and religious purposes. In implement­ agement, California, which comprise ap­ Park System by this section shall be admin­ ing this section, the Secretary, upon the re­ proximately twenty-six thousand one hun­ istered in accordance with the provisions of quest of an appropriate Indian tribe or In­ dred and twenty-eight acres, as generally de­ law generally applicable to units of the Na­ dian religious community, may from time to picted on a map entitled "Jacumba Pro­ tional Park System. time temporarily close to general public use posal", dated June 1988 (CDCA-368). (d) The Secretary shall, within a reason­ one or more specific portions of wilderness (61) Certain public lands in the California able period of time, prepare plans to manage areas in order to protect the privacy of reli­ Desert District of the Bureau of Land Man­ each designated wilderness area. gious cultural activities in such areas by In­ agement, California, which comprise ap­ (e) For purposes of this Act, any reference dian people. Any such closure shall be made proximately fifteen thousand three hundred in the Wilderness Act to the effective date of so as to affect the smallest practicable area and fifty-nine acres, as generally depicted on that Act shall be deemed to be a reference to for the minimum period necessary for such a map entitled "Fish Creek Mountains Pro­ the effective date of this Act. purposes. posal", dated June 1988 (CDCA-372). SEC. 7. Any lands within the boundaries of SEC. 12. The Congress finds and directs that (62) Certain public lands in the Carson a wilderness area established by this Act all public lands in the State of California ad­ City, Nevada, District of the Bureau of Land that are acquired by the United States after ministered by the Bureau of Land Manage­ Management, located in California, which the date of enactment of this Act shall be­ ment have been adequately studied for wil­ comprise approximately five hundred and come part of the wilderness area within derness designation pursuant to sections 202 fifty acres, as generally depicted on a map which they are located and shall be managed and 603 of the Federal Land Policy and Man­ entitled "Carson Iceberg Proposal", dated in accordance with all the provisions of this agement Act of 1976 and those lands not des­ June 1988 (NV-030-532). Act and other laws applicable to such wilder­ ignated as wilderness by this Act are no (b) The acreages cited-in this Act are ap­ ness area. longer subject to the requirements contained proximate. In the event of discrepancies be­ SEC. 8. Except as otherwise provided in this in section 603 of the Federal Land Policy and tween acreages cited in this Act and the Act, and subject to valid existing rights, all Management Act of 1976 for management of acreages depicted on the referenced maps, Federal lands established as wilderness by wilderness study areas in a manner that does the maps shall control. this Act and all lands within wilderness not impair the suitability of such areas for SEc. 5. As soon as practicable after enact­ areas designated by this Act which are here­ preservation as wilderness and shall be man­ ment of this Act, a map and a legal descrip­ after acquired by the United States are here­ aged for their other resource values in ac­ tion for each designated wilderness area and by withdrawn from all forms of entry, appro­ cordance with land management plans devel­ area added to the National Park System priation, or disposal under the public lands oped pursuant to the Federal Land Policy shall be filed by the Secretary with the Com­ laws, including the mining, mineral leasing, and Management Act; or as part of the Na­ mittee on Energy and Natural Resources of geothermal leasing, and material sales laws. tional Park System pursuant to section 6 of the United States Senate and the Committee SEc. 9. (a) Nothing in this Act designating this Act. on Interior and Insular Affairs of the House lands as wilderness shall constitute or be SEC. 13. There are authorized to be appro­ of Representatives, and each such map and construed to constitute either an express or priated such sums as may be necessary to legal description shall have the same force implied reservation of water or water rights carry out the provisions of this Act. and effect as if included in this Act: Provided, for wilderness purposes. The United States -Page 69, after line 23, add the following: That correction of clerical, and cartographic may acquire such water rights as it deems TITLE VIII-MILITARY LANDS AND errors in each such legal description and map necessary to carry out its responsibilities on OVERFLIGHTS may be made. Each such map and legal de­ any lands designated as wilderness pursuant SEC. 801. SHORT TITLE AND FINDINGS scription shall be on file and available for to the substantive and procedural require­ (a) SHORT TITLE.-This title may be cited public inspection in the Offices of the Direc­ ments of the laws of the States of California as the "California Military Lands With­ tor and California State Director, Bureau of and Nevada as appropriate. drawal and Overflights Act of 1994". Land Management, Department of the Inte­ (b) Nothing in this Act shall be construed (b) FINDINGS.-The Congress finds that- rior. to limit the exercise of water rights as pro­ (1) military aircraft testing and training SEC. 6. (a) Subject to valid existing rights, vided under California and Nevada State activities as well as demilitarization activi­ each wilderness area designated by section laws as appropriate. ties in California are an important part of 4(a) of this Act shall be administered by the SEC. 10. (a) Military aircraft testing and the national defense system of the United Secretary of the Interior in accordance with training activities as well as demilitariza­ States, and are essential in order to secure the provisions of the Wilderness Act (16 tion activities in California are an important for the American people of this and future U.S.C. 1131 et seq.) and pursuant to the rules part of the national defense system of the generations an enduring and viable national and regulations promulgated in implementa­ United States, and are essential in order to defense system; tion thereof. secure for the American people of this and (2) the National Parks and wilderness areas (b) The following lands are hereby added to future generations an enduring and viable designated by this Act lie within a region the National Park System: national defense system. critical to providing training, research, and (1) Certain public lands in the California (b) Nothing in this Act shall be construed development for the Armed Forces of the Desert District of the Bureau of Land Man­ to restrict, forbid, or interfere with demili­ United States and its alllies; agement, California, which comprise ap­ tarization activities and the overflight of (3) there is a lack of alternative sites avail­ proximately one hundred and three thousand military aircraft over areas designated in able for these military training, testing, and eight hundred acres, as described in the Bu­ this Act as the components of the National research activities; reau of Land Management's Monument Envi­ Wilderness Preservation System. (4) continued use of the lands and airspace ronmental Impact Statement, 1989, and gen­ (c) The designation by this Act of wilder­ in the California desert region is essential erally depicted on maps entitled Proposed ness areas in the State of California shall for military purposes; and Additions to National Park System Death not restrict military overflights of wilder­ (5) continuation of these military activi­ Valley National Monument, 1989, are hereby ness areas for the purposes of military test­ ties, under appropriate terms and conditions, incorporated in, and shall be deemed to be a ing and training. is not incompatible with the protection and part of Death Valley National Monument. (d) The fact that military overflights can proper management of the natural, environ­ (2) Certain public lands which comprise ap­ be seen or heard shall not preclude such ac­ mental, cultural, and other resources and proximately four thousand eight hundred tivities over the wilderness areas designated values of the Federal lands in the California acres, as described in the Bureau of Land by this Act. desert area. Management's Monument Environmental (e) Nothing in this Act shall be construed SEC. 802. MILITARY OVERFLIGHTS. Impact Statement, 1989, and generally de­ to restrict, forbid, or interfere with demili­ (a) OVERFLIGHTS.-Nothing in this Act, the picted on a map entitled: Proposed Addition tarization activities at Sierra Army Depot Wilderness Act, or other land management to National Park System Joshua Tree Na­ which is located adjacent to areas designated laws generally applicable to the new units of tional Monument, 1989, are hereby incor­ in this Act as components of the National the National Park or Wilderness Preserva­ porated in, and shall be deemed to be a part Wilderness Preservation System and the fact tion Systems (or any additions to existing of Joshua Tree National Monument. that such demilitarization activities can be units) designated by this Act, shall restrict (c) Upon enactment of this title, the lands detected from within the adjacent wilderness or preclude low-level overflights of military described in subsection (a) of this section, areas shall not preclude such activities. aircraft over such units, including military 10358 CONGRESSIONAL RECORD-HOUSE May 16, 1994 overflights that can be seen or heard within of enactment of this title, the Secretary retary of the Navy determines are required such units. shall- to carry out this subsection. (b) SPECIAL AIRSPACE.-Nothing in this (1) publish in the Federal Register a notice (3) Before and during any closure under Act, the Wilderness Act, or other land man­ containing the legal description of the lands this subsection, the Secretary of the Navy agement laws generally applicable to the withdrawn and reserved by this title; and shall- new units of the National Park or Wilderness (2) file maps and the legal description of (A) keep appropriate warning notices post­ Preservation Systems (or any additions to the lands withdrawn and reserved by this ed; and existing units) designated by this Act, shall title with the Committee on Energy and Nat­ (B) take appropriate steps to notify the restrict or preclude the designation of new ural Resources of the United States Senate public concerning such closures. units of special airspace or the use or estab­ and with the Committee on Natural Re­ (C) MANAGEMENT PLAN.-The Secretary lishment of military flight training routes sources of the United States House of Rep­ (after consultation with the Secretary of the over such new park or wilderness units. resentatives. Navy) shall develop a plan for the manage­ (C) No EFFECT ON OTHER LAWS.-Nothing in (b) TECHNICAL CORRECTIONS.-Such maps ment of each area withdrawn under section this section shall be construed to modify, ex­ and legal descriptions shall have the same 803 of this title during the period of such pand, or diminish any authority under other force and effect as if they were included in withdrawal. Each plan shall- Federal law. this title except that the Secretary may cor­ (1) be consistent with applicable law; SEC. 803. WITHDRAWALS. rect clerical and typographical errors in such (2) be subject to conditions and restrictions (a) CHINA LAKE.-(1) Subject to valid exist­ maps and legal descriptions. specified in subsection (a)(3); ing rights and except as otherwise provided (c) AVAILABILITY FOR PUBLIC lNSPECTION.­ (3) include such provisions as may be nec­ in this title, the Federal lands referred to in Copies of such maps and legal descriptions essary for proper management and protec­ paragraph (2), and all other areas within the shall be available for public inspection in the tion of the resources and values of such area; boundary of such lands as depicted on the appropriate offices of the Bureau of Land and map specified in such paragraph which may Management; the office of the commander of (4) be developed not later than three years become subject to the operation of the public the Naval Weapons Center, China Lake, Cali­ after the date of enactment of this title. land laws, are hereby withdrawn from all fornia; the office of the commanding officer, (d) BRUSH AND RANGE FIRES.-The Sec­ forms of appropriation under the public land Marine Corps Air Station, Yuma, Arizona; retary of the Navy shall take necessary pre­ laws (including the mining laws and the min­ and the Office of the Secretary of Defense, cautions to prevent and suppress brush and eral leasing laws). Such lands are reserved Washington, District of Columbia. range fires occurring within and outside the for use by the Secretary of the Navy for- (d) REIMBURSEMENT.-The Secretary of De­ lands withdrawn under section 803 as a result (A) use as a research, development, test, fense shall reimburse the Secretary for the of military activities and may seek assist­ and evaluation laboratory; cost of implementing this section. ance from the Bureau of Land Management (B) use as a range for air warfare weapons SEC. 805. MANAGEMENT OF WITHDRAWN LANDS. in the suppression of such fires. The memo­ and weapon systems; (a) MANAGEMENT BY THE SECRETARY OF THE randum of understanding required by sub­ (C) use as a high hazard training area for INTERIOR.-(1) Except as provided in sub­ section (e) shall provide for Bureau of Land aerial gunnery, rocketry, electronic warfare section (g), during the period of the with­ Management assistance in the suppression of and countermeasures, tactical maneuvering drawal the Secretary shall manage the lands such fires, and for a transfer of funds from and air support; withdrawn under section 803 of this title pur­ the Department of the Navy to the Bureau of (D) geothermal leasing and development suant to the Federal Land Policy and Man­ Land Management as compensation for such and related power production activities; and agement Act of 1976 (43 U.S.C. 1701 et seq.) assistance. (E) subject to the requirements of section and other applicable law, including this title. (e) MEMORANDUM OF UNDERSTANDING.-(1) 805(f), other defense-related purposes consist­ (2) To the extent consistent with applica­ The Secretary and the Secretary of the Navy ent with the purposes specified in this para­ ble law and Executive orders, the lands with­ shall (with respect to each land withdrawal graph. drawn under section 803 may be managed in under section 803 of this title) enter into a (2) The lands referred to in paragraph (1) a manner permitting- memorandum of understanding to imple­ are the Federal lands located within the (A) the continuation of grazing pursuant to ment the management plan developed under boundaries of the China Lake Naval Weapons applicable law and Executive orders were subsection (c). Any such memorandum of un­ Center, comprising approximately one mil­ permitted on the date of enactment of this derstanding shall provide that the Director lion one hundred thousand acres in Inyo, title; of the Bureau of Land Management shall Kern, and San Bernardino Counties, Califor­ (B) protection of wildlife and wildlife habi­ provide assistance in the suppression of fires nia, as generally depicted on a map entitled tat; resulting from the military use of lands " China Lake Naval Weapons Center With­ (C) control of predatory and other animals; withdrawn under section 803 if requested by drawal- Proposed", dated January 1985. (D) recreation (but only on lands with­ the Secretary of the Navy. (b) CHOCOLATE MOUNTAIN.-(!) Subject to drawn by section 803(a) (relating to China (2) The duration of any such memorandum valid existing rights and except as otherwise Lake)); shall be the same as the period of the with­ provided in this title, the Federal lands re­ (E) the prevention and appropriate sup­ drawal of the lands under section 803. ferred to in paragraph (2), and all other areas pression of brush and range fires resulting (f) ADDITIONAL MILITARY USES.-Lands within the boundary of such lands as de­ from nonmilitary activities; and withdrawn under section 803 of this title may picted on the map specified in such para­ (F) geothermal leasing and development be used for defense-related uses other than graph which may become subject to the oper­ and related power production activities on those specified in such section. The Sec­ ation of the public land laws, are hereby the lands withdrawn under section 803(a) (re­ retary of Defense shall promptly notify the withdrawn from all forms of appropriation lating to China Lake). Secretary in the event that the lands with­ under the public land laws (including the (3)(A) All nonmilitary use of such lands, in­ drawn by this title will be used for defense­ mining laws and the mineral leasing and the cluding the use described in paragraph (2), related purposes other than those specified geothermal leasing laws). Such lands are re­ shall be subject to such conditions and re­ in section 803. Such notification shall indi­ served for use by the Secretary of the Navy strictions as may be necessary to permit the cate the additional use or uses involved, the for- military use of such lands for the purposes proposed duration of such uses, and the ex­ ( A) testing and training for aerial bomb­ specified in or authorized pursuant to this tent to which such additional military uses ing, missile firing, tactical maneuvering and title. of the withdrawn lands will require that ad­ air support; and (B) The Secretary may issue any lease, ditional or more stringent conditions or re­ (B) subject to the provisions of section easement, right-of-way, or other authoriza­ strictions be imposed on otherwise-per­ 805(f), other defense-related purposes consist­ tion with respect to the nonmilitary use of mitted nonmilitary uses of the withdrawn ent with the purposes specified in this para­ such lands only with the concurrence of the land or portions thereof. graph. Secretary of the Navy. (g) MANAGEMENT OF CHINA LAKE .-(1) The (2) The lands referred to in paragraph (1) (b) CLOSURE TO PUBLIC.-(1) If the Sec­ Secretary may assign the management re­ are the Federal lands comprising approxi­ retary of the Navy determines that military sponsibility for the lands withdrawn under mately two hundred twenty-six thousand operations, public safety, or national secu­ section 803(a) to the Secretary of the Navy seven hundred and eleven acres in Imperial rity require the closure to public use of any who shall manage such lands, and issue County, California, as generally depicted on road, trail, or other portion of the lands leases, easements, rights-of-way, and other a map entitled " Chocolate Mountain Aerial withdrawn by this title, the Secretary may authorizations, in accordance with this title Gunnery Range Proposed-Withdrawal" take such action as the Secretary deter­ and cooperative management arrangements dated July 1993. mines necessary or desirable to effect and between the Secretary and the Secretary of SEC. 804. MAPS AND LEGAL DESCRIPTIONS. maintain such closure. the Navy: Provided, That nothing in this sub­ (a) PUBLICATION AND FILING REQUIRE­ (2) Any such closure shall be limited to the section shall affect geothermal leases issued MENT.-As soon as practicable after the date minimum areas and periods which the Sec- by the Secretary prior to the date of enact- May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10359 ment of this title, or the responsibility of tion of the lands withdrawn by this title for (b) CONTAMINATION.-(1) Before transmit­ the Secretary to administer and manage which that Secretary intends to seek such ting a notice of intention to relinquish pur­ such leases, consistent with the provisions of continued or renewed withdrawal. Such draft suant to subsection (a), the Secretary of De­ this section. In the case that the Secretary environmental impact statement shall be fense, acting through the Department of the assigns such management responsibility to consistent with the requirements of the Na­ Navy, shall prepare a written determination the Secretary of the Navy before the devel­ tional Environmental Policy Act of 1969 (42 concerning whether and to what extent the opment of the management plan under sub­ U.S.C. 4321 et seq.) applicable to such a draft lands that are to be relinquished are con­ section (c), the Secretary of the Navy (after environmental impact statement. Prior to taminated with explosive, toxic, or other consultation with the Secretary) shall de­ the termination date specified in subsection hazardous materials. velop such management plan. (a), the Secretary of the Navy shall hold a (2) A copy of such determination shall be (2) The Secretary shall be responsible for public hearing on any draft environmental transmitted with the notice of intention to the issuance of any lease, easement, right-of­ impact statement published pursuant to this relinquish. way, and other authorization with respect to section. Such hearing shall be held in the (3) Copies of both the notice of intention to any activity which involves both the lands State of California in order to receive public relinquish and the determination concerning withdrawn under section 803(a) and any comments on the alternatives and other the contaminated state of the lands shall be other lands. Any such authorization shall be matters included in such draft environ­ published in the Federal Register by the Sec­ issued only with the consent of the Sec­ mental impact statement. retary of.the Interior. retary of the Navy and, to the extent that (c) EXTENSIONS OR RENEWALS.-The with­ (C) DECONTAMINATION .-If any land which is such activity involves lands withdrawn drawals established by this title may not be the subject of a notice of intention to relin­ under section 803(a), shall be subject to such extended or renewed except by an Act or quish pursuant to subsection (a) is contami­ conditions as the Secretary of the Navy may joint resolution of Congress. nated, and the Secretary, in consultation prescribe. SEC. 807. ONGOING DECONTAMINATION. with the Secretary of the Navy, determines (3) The Secretary of the Navy shall prepare (a) PROGRAM.-Throughout the duration of that decontamination is practicable and eco­ and submit to the Secretary an annual re­ the withdrawals made by this title, the Sec­ nomically feasible (taking into consideration port on the status of the natural and cul­ retary of the Navy, to the extend funds are the potential future use and value of the tural resources and values of the lands with­ made available, shall maintain a program of land) and that upon decontamination, the drawn under section 803(a). The Secretary decontamination of lands withdrawn by this land could be opened to operation of some or shall transmit such report to the Committee title at least at the level of decontamination all of the public land laws, including the on Energy and Natural Resources of the activities performed on such lands in fiscal mining laws, the Secretary of the Navy shall United States Senate and the Committee on year 1986. decontaminate the land to the extent that Natural Resources of the United States (b) REPORTS.-At the same time as the funds are appropriated for such purpose. House of Representatives. President transmits to the Congress the (d) ALTERNATIVES.- If the Secretary, after (4) The Secretary of the Navy shall be re­ President's proposed budget for the first fis­ consultation with the Secretary of the Navy, sponsible for the management of wild horses cal year beginning after the date of enact­ concludes that decontamination of any land and burros located on the lands withdrawn ment of this title and for each subsequent which is the subject of a notice of intention under section 803(a) and may utilize heli­ fiscal year, the Secretary of the Navy shall to relinquish pursuant to subsection (a) is copters and motorized vehicles for such pur­ transmit to the Committees on Appropria­ not practicable or economically feasible, or poses. Such management shall be in accord­ tions, Armed Services, and Energy and Natu­ that the land cannot be decontaminated suf­ ance with laws applicable to such manage­ ral Resources of the United States Senate ficiently to be opened to operation of some ment on public lands and with an appro­ and to the Committee on Appropriations, or all of public land laws, or if Congress does priate memorandum of understanding be­ Armed Services, and Natural Resources of not appropriate a sufficient amount of funds tween the Secretary and the Secretary of the the United States House of Representatives a for the decontamination of such land, the Navy. description of the decontamination efforts Secretary shall not be required to accept the (5) Neither this title nor any other provi­ undertaken during the previous fiscal year land proposed for relinquishment. sion of law shall be construed to prohibit the on such lands and the decontamination ac­ (e) STATUS OF CONTAMINATED LANDS.-If, Secretary from issuing and administering tivities proposed for such lands during the because of their contaminated state, the any lease for the development and utiliza­ next fiscal year including- Secretary declines to accept jurisdiction tion of geothermal steam and associated geo­ (1) amounts appropriated and obligated or over lands withdrawn by this title which thermal resources on the lands withdrawn expended for decontamination of such lands; . have been proposed for relinquishment, or if under section 803(a) pursuant to the Geo­ (2) the methods used to decontaminate at the expiration of the withdrawal made by thermal Steam Act of 1970 (30 U.S.C. 1001 et such lands; this title the Secretary determines that seq.) and other applicable law, but no such (3) amount and types of contaminants re­ some of the lands withdrawn by this title are lease shall be issued without the concurrence moved from such lands; contaminated to an extent which prevents of the Secretary of the Navy. (4) estimated types and amounts of resid­ opening such contaminated lands to oper­ (6) This title shall not affect the geo­ ual contamination on such lands; and ation of the public land laws- thermal exploration and development au­ (5) an estimate of the costs for full con­ (1) the Secretary of the Navy shall take ap­ thority of the Secretary of the Navy under tamination of such lands and the estimate of propriate steps to warn the public of the con­ section 2689 of title 10, United States Code, the time to complete such decontamination. taminated state of such lands and any risks except that the Secretary of the Navy shall SEC. 808. REQUIREMENTS FOR RENEWAL. associated with entry onto such lands; obtain the concurrence of the Secretary be­ (a) NOTICE AND FILING.-(1) No later than (2) after the expiration of the withdrawal, fore taking action under that section with three years prior to the termination of the the Secretary of the Navy shall undertake no respect to the lands withdrawn under section withdrawal and reservation established by activities on such lands except in connection 803(a). this title, the Secretary of the Navy shall ad­ with decontamination of such lands; and (7) Upon the expiration of the withdrawal vise the Secretary as to whether or not the (3) the Secretary of the Navy shall report or relinquished or China Lake, Navy con­ Secretary of the Navy will have a continuing to the Secretary and to the Congress con­ tracts for the development of geothermal re­ military need for any of the lands withdrawn cerning the status of such lands and all ac­ sources at China Lake then in effect (as under section 803 after the termination date tions taken in furtherance of this subsection. amended or renewed by the Navy after the of such withdrawal and reservation. (f) REVOCATION AUTHORITY.-Notwithstand­ date of enactment of this title) shall remain (2) If the Secretary of the Navy concludes ing any other provision of law, the Sec­ in effect: Provided, That the Secretary, with that there will be a continuing military need retary, upon deciding that it is in the public the consent of the Secretary of the Navy, for any of such lands after the termination interest to accept jurisdiction over lands may offer to substitute a standard geo­ date, the Secretary of the Navy shall file an proposed for relinquishment pursuant to sub­ thermallease for any such contract. application for extension of the withdrawal section (a), is authorized to revoke the with­ SEC. 806. DURATION OF WITHDRAWALS. and reservation of such needed lands in ac­ drawal and reservation established by this (a) DURATION.-The withdrawals and res­ cordance with the regulations and proce­ title as it applies to such lands. Should the ervations established by this title shall ter­ dures of the Department of the Interior ap­ decision be made to revoke the withdrawal minate twenty-five years after the date of plicable to the extension of withdrawals of and reservation, the Secretary shall publish enactment of this title. lands for military uses. in the Federal Register an appropriate order (b) DRAFT ENVIRONMENTAL IMPACT STATE­ (3) If, during the period of withdrawal and which shall- MENT.-No later than twenty-two years after reservation, the Secretary of the Navy de­ (!) terminate the withdrawal and reserva­ the date of enactment of this titles, the Sec­ cides to relinquish all or any of the lands tion; retary of the Navy shall publish a draft envi­ withdrawn and reserved by this title, the (2) constitute official acceptance of full ju­ ronmental impact statement concerning Secretary of the Navy shall file a notice of risdiction over the lands by the Secretary; continued or renewed withdrawal of any par- intention to relinquish with the Secretary. and 10360 CONGRESSIONAL RECORD-HOUSE May 16, 1994 (3) state the date upon which the lands will highest and best use without regard to the - At the end of the bill, add the following be opened to the operation of some or all of presence of a species listed as threatened or new section: the public lands law, including the mining endangered pursuant to the Endangered Spe­ "SECTION 703. EFFECTIVE DATE. laws. cies Act of 1973 (16 u.s.c. 1531 et seq.)" This Act shall take effect when the Na­ SEC. 809. DELEGABILI'IY. Explanation: This amendment would pre­ tional Park Service has reduced the nation­ (a) DEPARTMENT OF DEFENSE.-The func­ vent appraisals on inholdings from taking wide backlog of land acquisition by 50 per­ tions of the Secretary of Defense or the Sec­ into account the presence of a threatened or cent. The scope of the backlog shall be deter­ retary of the Navy under this title may be endangered species. mined as of the date of enactment of this delegated. -On page 46, delete lines 23-26, and replace Act, by the Director of the Office of Manage­ (b) DEPARTMENT OF THE INTERIOR.-The with the following: ment and Budget, and shall certify when the functions of the Secretary under this title " SEc. 409. (a) Grazing of domestic livestock backlog has been reduced by the require­ may be delegated, except that an order de­ on lands within the park shall continue in ments of this section." scribed in section 808(f) may be approved and perpetuity pursuant to the same laws and -On page 53, after line 24, insert the follow­ signed only by the Secretary, the Under Sec­ regulations applicable on the date of enact­ ing: retary of the Interior, or an Assistant Sec­ ment. The Bureau of Land Management shall SEC. 416. NO ADVERSE EFFECT ON LAND UNTIL retary of the Department of the Interior. continue to administer this activity." ACQUIRED. SEC. 810. HUNTING, FISHING, AND TRAPPING. Explanation: This amendment continues With the exception of lands owned by the All hunting, fishing, and trapping on the existing grazing allotments in the Mojave California State Lands Commission and the lands withdrawn by this title shall be con­ National Park in perpetuity and continues Catellus Development Corporation, the own­ ducted in accordance with the provisions of BLM adminsitration the grazing program. ers of all lands acquired pursuant to this Act section 2671 of title 10, United States Code. -At the end of the bill, add the following and the Wilderness Act or their designees SEC. 811. IMMUNITY OF UNITED STATES. new section: shall be entitled to full use and enjoyment of The United States and all departments or "SECTION 703. FOREIGN MINERAL DEPENDENCE. such lands and nothing in the Act shall be- agencies thereof shall be held harmless and The Secretary shall waive any provision of (1) construed to impose any limitation shall not be liable for any injury or damage this Act, in whole or in part, if such provi­ upon any otherwise lawful use of these lands to persons or property suffered in the course sion is determined to require importation of by the owners thereof or their designees. of any geothermal leasing or other author­ any mineral from any foreign nation in ex­ (2) construed as authority to defer the sub­ ized nonmilitary activity conducted on lands cess of 90 percent of 1992 domestic consump­ mission, review, approval or implementation described in section 803 of this title. tion. Such determination shall be made of any land use permit or similar plan with SEC. 812. EL CENTRO RANGES. within one year of enactment of this Act by respect to any portion of such lands, or The Secretary is authorized to permit the the Director of the Bureau of Mines, Depart­ (3) construed to grant a cause of action Secretary of the Navy to use until January 1, ment of the Interior, who shall consider all against the owner thereof or their designee, 1997, the approximately forty-four thousand alternatives for these minerals." except to the extent that the owners thereof eight hundred and seventy acres of public -At the end of the bill, add the following or their designees may, of their own accord, lands in Imperial County, California, known new section: agree to defer some or all lawful enjoyment as the East Mesa and West Mesa ranges, in "SECTION 703. FOREIGN MINERAL DEPENDENCE. and use of any such lands for a certain period accordance with the Memorandum of Under­ The Secretary shall waive any provision of of time. -On page 69, line 10, after Section 609 insert standing dated June 29, 1987, between the Bu­ this Act, in whole or in part, if such provi­ the following new section: reau of Land Management, the Bureau of sion is determined to require importation of Reclamation, and the Department of the any mineral from any foreign nation in ex­ "ECONOMIC IMPACT STATEMENT Navy. All military uses of such lands shall cess of 80 percent of 1992 domestic consump­ SEC. 610. (a) Notwithstanding any other cease on January 1, 1997, unless authorized tion. Such determination shall be made provision of this Act, lands in the State of by a subsequent Act of Congress. within one year of enactment of this Act by California designated in sections 102, 402, and -At the end of the bill, add the following the Director of the Bureau of Mines, Depart­ 501 of this Act shall not be designated as wil­ new section: ment of the Interior, who shall consider all derness or established as a national park or "SEC. 703. JOB CREATION. alternatives for these minerals." monument unless- "The Secretary may, in consultation with -At the end of the bill, add the following (1) the Secretary has prepared an economic the Secretary of Labor, waive any provision new section: impact analysis with respect to each land of this Act, in whole or in part, which causes "SECTION 703. FOREIGN MINERAL DEPENDENCE. designation; substantial unemployment." The Secretary shall waive any provision of (2) the Secretary determines, based on that Explanation: This amendment allows the analysis, that the environmental benefits of Secretary to waive any provision of this act this Act, in whole or in part, if such provi­ sion is determined to require importation of each land designation outweigh the eco­ which causes substantial unemployment. nomic costs of each land designation; and -At the end of the bill, insert the following any mineral from any foreign nation in ex­ cess of 70 percent of 1992 domestic consump­ (3) the Secretary publishes an economic new section: impact statement describing the findings of "SEC. 703.'EFFECTIVE DATE. tion. Such determination shall be made within one year of enactment of this Act by that analysis. This Act shall take effect in the fiscal year (b)(1) The Secretary shall perform an eco­ the Director of the Bureau of Mines, Depart­ following the first fiscal year after date of nomic impact analysis in accordance with ment of the Interior, who shall consider all enactment of this Act in which Federal reve­ this paragraph with respect to each land des­ nues are equal to or greater than Federal ex­ alternatives for these minerals." - " On page 53, insert a period after the word ignation in sections 102, 402, and 501. penditures." (2) An economic impact analysis under this Explanation: This amendment delays the " thereof" on line 20 and delete lines 21-16." paragraph shall include the following: bill's effective date until the federal budget Explanation: This amendment would pro­ (A) The economic consequences of each is balanced. hibit the Secretary from using condemnation land designation, including aggregate statis­ -At the end of the bill, add the following to acquire lands within the Mojave National tical data which indicates- new section: Park. (i) identifiable and potential job losses or "SEC. 703. REQUIREMENT OF LAND DISPOSAL -At the end of the bill, add the following diminishments resulting from a designation. UPON LAND ACQUISITION. new section: (ii) identifiable losses or diminishments in Within one year of acquiring any non-fed­ "SEC. 703. REGULATORY RELIEF. the value of real property resulting from a eral lands or interests therein for any pur­ The Secretary shall, upon petition from an designation; and pose of this Act, the Secretary shall dispose entity impacted adversely by any regula­ (iii) losses or diminishments in the value of all right, title and interest in and to a tions promulgated by this Act, notify the of business enterprises resulting from a des­ quantity of federal lands equal in value to agencies and bureaus involved with promul­ ignation. the non-federal lands or interest acquired, as gating and administering those regulations (B) The effect that a designation will have determined by the Secretary. The Secretary and suggest to those agencies and bureaus on revenues received by the Federal Govern­ shall not dispose of any wilderness areas, that regulations be waived which interfere ment or by State and local governments, in­ wilderness study areas or lands owned by the with reasonable economic uses of the lands cluding any revenue losses attributable to National Park Service for the purposes of involved. Nothing in this section shall affect losses or diminishments in value described in this section." the ability of the Secretary to carry out his clause (i). -At the end of the bill, add the following duties otherwise provided by law." (C) The effects that a designation will have new section: Explanation: This amendment creates on outlays by Federal, State, and local gov­ "SECTION 703. LAND APPRAISAL. within the Office of the Secretary a place ernments, including- Lands and interests in lands acquired pur­ where parties adversely impacted by this Act (i) effects on payments made pursuant to suant to this act shall be appraised for their can seek regulatory relief. paragraph (1). May 16, 1994 CONGRESSIONAL RECORD-HOUSE 10361

(ii) effects on expenditures required for ignation as wilderness of lands within the within such wilderness areas, consistent Federal unemployment compensation, aid to Jacumba Wilderness, Coyote Mountains Wil­ with management of the wilderness areas for families with dependent children, Medicaid, derness, and Fish Creek Mountains Wilder­ the purpose of which such wilderness areas and other Federal, State, and local pro­ ness designated in section 102 of this Act, were established, and in accordance with the grams. shall be construed as- Federal Land Policy and Management Act of (iii) the effect that a designation will have (A) precluding or otherwise affecting con­ 1976 (43 U.S.C. 1701 et seq.). on the competitive position of any individual tinued border operations by the Immigration (C) precluding or otherwise affecting aerial business or aggregate industry affected by a and Naturalization Service, the Drug En­ or motor vehicle access utilized by state and designation, determined jointly with the forcement Administration, or the United local law enforcement agencies required for Secretary of Commerce, and States Customs Service within such wilder­ hot pursuit, search and rescue operations, or (iv) any other potential economic, budg­ ness areas, in accordance with any applicable other emergency response in accordance etary, or ecological effects that the Sec­ interagency agreements in effect on the date with provisions of the Wilderness Act. retary considers appropriate. of enactment of this Act; or (2)(A) Within six months after the date of (c) Not later than one year after the date (B) precluding the Attorney General of the enactment of this title, the Secretary, in of enactment, the Secretary shall determine, United States or the Secretary of the Treas­ consultation with the Secretary of the based on the analysis performed under para­ ury from entering into new or renewed Treasury and the Attorney General of the graph (2), whether the economic costs of agreements with the Secretary concerning United States, shall review all regulations each designation outweigh the environ­ Immigration and Naturalization Service, and policies relating to law enforcement ac­ mental benefits of each designation. Drug Enforcement Administration, or United tivities within the wilderness areas referred (d) In implementing this Act with respect States Custom Service border operations to in paragraph (1) to ensure that such regu­ to each land designation in subsections 102, within such wilderness areas, consistent lations provide Federal law enforcement 402, and 501, the Secretary shall limit losses with management of the wilderness areas for agencies with adequate authority to engage incurred by persons as a result of each land the purpose for which such wilderness areas in law enforcement activities within such designation. were established, and in accordance with the wilderness areas. (e) The Secretary shall pay to any person Federal Land Policy and Management Act of (B) Upon completion of the review referred who incurs an economic loss as a result of a 1976 (43 U.S.C. 1701 et seq.). to in subparagraph (A), the Secretary shall land designation the amount of that loss, in­ (2)(A) Within six months after the date of notify the Committee on Energy and Natural cluding- enactment of this title, the Secretary, in Resources of the United States Senate and (1) any diminishment in the value of tan­ consultation with the Secretary of the the Committee on Natural Resources of the gible or intangible property, and Treasury and the Attorney General of the United States House of Representatives on (2) any loss resulting from the loss or di­ United States, shall review all regulations the adequacy of existing authority for Fed­ minishment of a job. and policies relating to law enforcement ac­ eral law enforcement agencies to engage in (f) The Secretary shall issue regulations tivities within the wilderness areas referred law enforcement activities within such wil­ establishing procedures for obtaining pay­ to in paragraph (1) to ensure that such regu­ derness areas. ments under this subsection. lations provide Federal law enforcement -In section 103, make a new subsection (a) (g) A person may not recover any amount for existing text and insert new subsections under this subsection for any de minimis or agencies with adequate authority to engage in law enforcement activities within such (b) and (c): wholly speculative loss. (b) Wildlife Management.-In furtherance (h) Any denial by the Secretary of an ap­ wilderness areas. (B) Upon completion of the review referred of the purposes of the Wilderness Act, man­ plication for payment under this subsection agement activities to maintain or restore may be appealed in the appropriate Federal to in subparagraph (A), the Secretary shall notify the Committee on Energy and Natural fish and wildlife populations and the habi­ district court of the United States, including tats to support such populations may be car­ any determination by the Secretary that a Resources of the United States Senate and the Committee on Natural Resources of the ried out within wilderness areas designated person is ineligible for payment by reason of by this title, where consistent with relevant paragraph (3). United States House of Representatives on the adequacy of existing authority for Fed­ wilderness management plans, in accordance (i) Any person (including any State or with appropriate policies and guidelines, as local governmental entity) may intervene in eral law enforcement agencies to engage in law enforcement activities within such wil­ set forth in section 101(h) of Public Law 101- any proceeding under this subsection for the 628. purpose of assisting the Secretary in issuing derness areas. -In Subsection 103, insert (a) before section (c) Law Enforcement Border Activities.­ payments under this subsection to individ­ Nothing in this Act, including the designa­ uals or businesses who suffer demonstrable and create a new subsection (b) to read as follows: tion as wilderness of lands within the Coy­ loss as a result of a land designation. ote, Fish Creek Mountains, and Jacumba By Mr. LEHMAN: (b) Wildlife Management.-In furtherance of the purposes of the Wilderness Act, man­ wilderness areas designated in section 102 of - Page 47, line 19, Section 410(a)(1), after this Act, the Wilderness Act, or other land " Southern California Edison Company," add agement activities to maintain or restore fish and wildlife populations and the habi­ management laws generally applicable to "its successors or assigns," such areas, shall restrict or preclude contin­ -Amend Section 402 (relating to Establish­ tats to support such populations may be car­ ried out within wilderness areas designated ued law enforcement and border operations ment of the Mojave National Park) of bill to within such areas, including the use of motor read as follows: by this title, where consistent with relevant "Sec. 402. There is hereby established the wilderness management plans, in accordance vehicles and aircraft by the Immigration and Mojave National Park, comprising approxi­ with appropriate policies and guidelines, as Naturalization Service, the Drug Enforce­ mately one million four hundred nineteen set forth in section 101(h) of Public Law 101- ment Administration, the United States Cus­ thousand eight hundred acres, as generally 628. toms Service, or State and local law enforce­ depicted on a map entitled "Mojave National (c) Law Enforcement Border Activities.­ ment agencies in such manner and subject to Park Boundary-Proposed" dated May 17, (1) Nothing in this title, including the des­ such restrictions as may be determined by the Attorney General of the United States or 1994, which shall be on file and available for ignation as wilderness of lands within the inspection in the appropriate offices of the Jacumba Wilderness, Coyote Mountains Wil­ Secretary of the Treasury, as appropriate, in derness, and Fish Creek Mountains Wilder­ consultation with the Secretary. Director of the National Park Service, De­ -Page 69, after line 23, add the following: partment of the Interior." ness designated in section 102 of this Act, -In Section 103, insert (a) before section and shall be construed as- TITLE VIII-PROTECTION OF BODIE create a new subsection (b) to read as fol­ (A) precluding or otherwise affecting con­ BOWL lows: tinued border operations by the Immigration SEC. 801. SHORT TITLE. (b) Wildlife Management.-In furtherance and Naturalization Service, the Drug En­ This title may be cited as the "Bodie Pro­ of the purposes of the Wilderness Act, man­ forcement Administration, or the United tection Act of 1994". agement activities to maintain or restore States Customs Service within such wilder­ SEC. 802. FINDINGS. fish and wildlife populations and the habi­ ness areas, in accordance with any applicable The Congress finds that- tats to support such populations may be car­ interagency agreements in effect on the date (1) the historic Bodie gold mining district ried out within wilderness areas designated of enactment of this Act; or in the State of California is the site of the by this title, where consistent with relevant (B) precluding the Attorney General of the largest and best preserved authentic ghost wilderness management plans, in accordance United States or the Secretary of the Treas­ town in the Western United States; with appropriate policies and guidelines, as ury from entering into new or renewed (2) the Bodie Bowl area contains important set forth in section 10l(h) of Public Law 101- agreements with the Secretary concerning natural, historical, and aesthetic resources; 628. Immigration and Naturalization Service, (3) Bodie was designated a National Histor­ (c) Law Enforcement Border Activities.­ Drug Enforcement Administration, or United ical Landmark in 1961 and a California State (1) Nothing in this title, including the des- States Custom Service border operations Historic Park in 1962, is listed on the Na- 10362 CONGRESSIONAL RECORD-HOUSE May 16, 1994 tional Register 0f Historic Pla c~s. and is in­ ri~hts " in reference to the general mining (1) avoid adverse effects on the historic, cluded in ~· - ~ Federal Historic American laws means that a mining claim located on cultural, recreational and natural resource Buildings Survey; lands within the Bodie Bowl was properly lo­ values of the Bodie Bowl; and (4 ) nearly 200 ,000 persons visit Bodie each cated and maintained under the general min­ (2) minimize other adverse impacts to the year, providing the local economy with im­ ing laws ;,. ~ o r to the date of enactment of environment. portant annual tourism revenues; this title, was supported by a discovery of a (b) RESTORATION OF EFFECTS OF MINING EX­ (5) the town of Bodie is threatened by pro­ valuable mineral deposit within the meaning PLORATION.-As soon as possible after the posals to explore and extract minerals: min­ of the general mining laws on the date of en­ date of enactment of this title, visible evi­ ing in the Bodie Bowl area may have adverse actment of this title, and that such claim dence or other effects of mining exploration physical and aesthetic impacts on Bodie's continues to be valid. activity within the Bodie Bowl conducted on historical integrity, cultural values, and (c) VALIDITY REVIEW .-The Secretary shall or after September 1, 1988, shall be reclaimed ghosttown character as well as on its rec­ undertake an expedited program to deter­ by the operator in accordance with regula­ reational values and the area's flora and mine the validity of all unpatented mining tions prescribed pursuant to subsection (d). fauna; claims located within the Bodie Bowl. The (c) ANNUAL EXPENDITURES; FILING.-The re­ (6) the California State Legislature, on expedited program shall include an examina­ quirements for annual expenditures on ~eptember 4, 1990, requested the President tion of all unpatented mining claims, includ­ unpatented mining claims imposed by Re­ and the Congress to direct the Secretary of ing those for which a patent application has vised Statute 2324 (30 U.S.C. 28) shall not the Interior to protect the ghosttown char­ not been filed. If a cla im is determined to be apply to any such claim located within the acter, ambience, historic building, and sce­ invalid, the Secretary shall promptly declare Bodie Bowl. In lieu of filing the affidavit of nic attributes of the town of Bodie and near­ the claim to be null and void, except that the assessment work referred to under section by areas; Secretary shall not challenge the validity of 314(a)(1) of the Federal Land Policy and Man­ (7) the California State Legislature also re­ any claim located within the Bodie Bowl for agement Act of 1976 (43 U.S.C. 1744(a)( 1)), the quested the Secretary, if necessary to pro­ the failure to do assessment work for any pe­ holder of any unpatented mining or mill site t ect the Bodie Bowl area, to withdraw the riod after the date of enactment of this title. claim located within the Bodie Bowl shall Federal lands within the area from all forms The Secretary shall make a determination only be required to file the notice of inten­ of mineral entry and patent; within respect to the validity of each claim tion to hold the mining claim referred to in (8) the National Park Service listed Bodie referred to under this subsection within 2 such section 314(a)(l). as priority one endangered National Historic years after the date of enactment of this (d) REGULATIONS.-The Secretary shall pro­ Landmark in its fiscal year 1990 and 1991 re­ title. mulgate rules to implement this section, in port to Congress entitled ' ·Threatened and (d) LIMITATION ON PATE:-

79-059 0-97 Vol. 140 (Pt. 7) 48 10366 CONGRESSIONAL RECORD-HOUSE May 16, 1994 the National Park System and National Wil­ SEC. 812. TERMINATION OF PRIOR RECLAMATION Register 19163, May 4, 1992; and 58 Federal derness Preservation System designated or WITHDRAWALS. Register 30181, May 26, 1993) , all existing Bu­ expanded by this Act, and shall attempt, Except to the extent that existing Bureau reau of Reclamation withdrawals made by consistent with national security needs, to of Reclamation withdrawals of public lands Secretarial Orders and Public Land Orders resolve concerns related to such overflights were identified for continuation in Federal affecting public lands and Indian lands lo­ and to avoid or minimize adverse impacts on Register Notice Document 92-4838 (57 Federal cated within the California Desert Conserva­ Register 7599, March 3, 1992) , as amended by tion Area established pursuant to section 601 resources and values and visitor safety asso­ Federal Register Correction Notices (57 Fed­ of the Federal Land Policy and Management ciated with overflight activities. eral Register 19135, May 4, 1992; 57 Federal Act of 1976 are hereby terminated.