E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, SEPTEMBER 15, 1998 No. 122 Senate The Senate met at 9:30 a.m. and was conferences there will be 10 minutes for THE SURPLUS IS SOCIAL called to order by the President pro closing remarks in relation to the SECURITY tempore (Mr. THURMOND). Bumpers amendment. At the expira- Mr. KENNEDY. Mr. President, the tion of that time, approximately 2:25 proposals by House Republican leaders PRAYER p.m., the Senate will proceed to a vote to spend a major portion of the pro- The Chaplain, Dr. Lloyd John on or in relation to the amendment. jected budget surplus on tax cuts for Ogilvie, offered the following prayer: Following that vote, the Senate will the wealthiest citizens gives new mean- Dear Father, the psalmist’s words continue consideration of the Interior ing to the word ‘‘irresponsible.’’ Any serve as our motto for today. ‘‘This is bill. Members are encouraged to offer such cut would rob Social Security re- the day which the Lord has made. I and debate amendments during Tues- cipients of the retirement benefits they will rejoice and be glad in it.’’—Ps. day afternoon’s session so the Senate have earned and deserve. Yet the House 118:24. You have all authority in heav- can make good progress on the Interior Republicans want to spend this ‘‘sur- en and on earth. You are sovereign bill. The Senate may also consider any plus’’ before it even materializes, in an Lord of our lives and of our Nation. We other legislative or executive items election eve vote-buying scheme of submit to Your authority. We seek to cleared for action. massive proportions. Every Senator on serve You together here in this Cham- I thank my colleagues for their at- both sides of the aisle who is serious ber and in the offices that work to help tention. about preserving Social Security for make the Senators’ deliberations run future generations has a duty to reject smoothly. We commit to You all that f these outrageous proposals. we do and say this day. Before we spend it, wouldn’t it be Make it a productive day for the Sen- MORNING BUSINESS wise to at least ask where this pro- ators. Give them positive attitudes jected surplus comes from? The answer that exude hope. In each difficult im- The PRESIDENT pro tempore. Under is clear—and shocking in its meaning. passe, help them seek Your guidance. the previous order, there will now be a Ninety-eight percent of the ten-year Draw them closer to You so that, in period for the transaction of morning surplus projected by the Congressional Your presence, they can rediscover business. The distinguished Senator Budget Office comes from the Social that, in spite of differences in particu- from Massachusetts, Senator KENNEDY, Security Trust Fund. The issue is not lars, they are here to serve You and our is recognized. whether we should use the surplus to beloved Nation together. In our Lord Mr. KENNEDY. Mr. President, we are ‘‘save Social Security,’’ the surplus is and Savior’s Name. Amen. in morning business. The amount of Social Security. Using those dollars to time has not been designated, but I f pay for anything other than retirement yield myself 6 minutes. Then, if there benefits for future Social Security re- RECOGNITION OF THE ACTING are others from our side who wanted to cipients would be an act of political MAJORITY LEADER speak, we would move ahead, if that is grand larceny. The victims would be The PRESIDENT pro tempore. The agreeable. those hard-working men and women able acting majority leader is recog- Mr. MURKOWSKI addressed the who are counting on Social Security to nized. Chair. protect them in their retirement years. f Mr. KENNEDY. I am glad to yield to The term ‘‘surplus,’’ as it is used in the Senator from Alaska. the budget debate, means only that the SCHEDULE Mr. MURKOWSKI. From the stand- total amount of revenue received by Mr. HUTCHINSON. Mr. President, point of procedure, I would be pleased the Federal Government in a particular this morning the Senate will be in a pe- if I could be recognized after the distin- year exceeds the total amount that the riod of morning business until 10 a.m. guished Senators who are seeking rec- government will spend in that year. In Following morning business, the Sen- ognition. Senator KENNEDY is. Is the the current fiscal year, for the first ate will resume consideration of the In- Senator from California seeking rec- time since 1969, the Federal Govern- terior appropriations bill, with Senator ognition? ment will take in more dollars than it Bumpers being recognized to offer an My point is, if I could be third after spends. But this so-called ‘‘surplus’’ amendment related to mining. her? does not take into consideration any The Senate will recess from 12:30 The PRESIDING OFFICER (Mr. future financial obligations of the Gov- until 2:15 to allow the weekly party HUTCHINSON). Without objection, it is ernment, such as the obligation to pay conferences to meet. Following the so ordered. Social Security benefits to retirees in

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10331

. S10332 CONGRESSIONAL RECORD — SENATE September 15, 1998 the future. The surplus is not extra longs to the Social Security Trust Mrs. FEINSTEIN addressed the money which Congress can spend on Fund. It is being raised to pay for re- Chair. any worthy cause. It is money which tirement benefits—and any diversion of The PRESIDING OFFICER. The Sen- must be set aside to pay those future any portion of those funds is wrong. ator from California. obligations. Congressman KASICH, the House Mrs. FEINSTEIN. Mr. President, I The overall surplus is equal to the Budget Chairman, offered an interest- yield myself 10 minutes. surplus in the Social Security Trust ing variation on this Republican The PRESIDING OFFICER. The Sen- Fund minus the deficit in the rest of theme. He has suggested that the inter- ator only has 71⁄2 minutes. the government. When Social Security est earned on reserves in the Social Se- Mrs. FEINSTEIN. I will try to do it reserves are removed from the calcula- curity Trust Fund does not belong to in 71⁄2 minutes. I thank the Chair. tion, the surpluses over the next seven Social Security, and should be used to f years evaporate. Budget deficits con- finance tax cuts. That too is absurd. ‘‘I GAO STUDIES FIND MAJOR PROB- tinue through fiscal year 2001, followed only stole the interest’’ is hardly a le- LEMS WITH CUSTOMS’ ANTI- by four years of roughly balanced non- gitimate defense for a person charged DRUG ENFORCEMENT PROGRAMS Social Security budgets. Not until 2006 with embezzlement. does any meaningful surplus appear The interest earned on the reserves is Mrs. FEINSTEIN. Mr. President, I without counting Social Security re- clearly part of the Social Security rise to bring this body’s attention to a Trust Fund, just as interest earned by serves. number of very serious problems that The Congressional Budget Office has a private citizen’s bank account is part have now been documented in the U.S. projected a surplus of $1.55 trillion over of that account and part of the citi- Customs Service’s drug enforcement ef- the next ten years. Of that amount, zen’s income. All of the reports issued forts at ports of entry on the South- by the Social Security actuaries on the $1.52 trillion—98%—is Social Security west Border. state of Social Security finances re- reserves, which consist of the payroll Back in March 1996, I asked the Gen- flect these interest earnings. Pension tax payments made by employees and eral Accounting Office to investigate funds, bank accounts, and other assets employers during the next decade and the continuing influx of drugs entering earn interest, and so does the Social interest earned on Social Security our country across the border with Security Trust Fund. Using the inter- Trust Fund during that period. Mexico, and the inability or unwilling- est earned on the Social Security Trust Every one of those dollars will be ness of the Customs Service to effec- Funds to finance tax cuts would con- needed to honor our commitment to fu- tively address the problem. I was espe- sume hundreds of billions of dollars ture retirees. Only $31 billion of the ten cially concerned about reports that that otherwise will be used to help re- year projected surplus—an average of trucks loaded with drugs were coming store the financial integrity of Social $3 billion a year—is not already com- into the country without inspection by Security over the long term. If the in- mitted to meeting future Social Secu- Customs. terest earnings are removed from the rity obligations, and that amount The investigation by the GAO over trust fund, Social Security’s financial could easily disappear with only a the past 18 months has now confirmed problems would become much greater. my long-standing concerns that there slight shift in the economy. If Social Security reserves are not are major weaknesses in several Cus- A $520 billion surplus is projected available for the Trust Fund in the fu- over the next five years, and it is com- ture because they have been used to toms’ programs that were supposed to posed entirely of Social Security re- pay for tax cuts, then it is clear that help separate so-called ‘‘low-risk’’ serves. In fact, if Social Security re- benefit cuts or large payroll tax in- Mexican cargo shipments from those serves are not included, there would ac- creases will be inevitable for Social Se- that are of higher drug smuggling risk. tually be a deficit of $137 billion during curity. What we call the ‘‘surplus’’ is These programs were intended to this period. There is no surplus for actually dollars raised expressly for help expedite the processing of cargo Congress to spend over the next five the purpose of paying Social Security by companies with no previous involve- years—none at all. benefits to the men and women of the ment in narcotics smuggling, which Despite these facts, House Repub- baby boom generation when they re- had been thoroughly checked so au- lican leaders repeatedly call for using a tire. Every dollar which we divert thorities could focus on other ship- major portion of this so-called surplus today to finance irresponsible tax cut ments considered to be of significant for tax cuts. Originally, they proposed schemes will only expand the gap be- risk of drug smuggling. that half the surplus—over $700 bil- tween the future retirement benefits The problems uncovered by the lion—be spent on tax cuts. These Re- owed by Social Security and the re- GAO’s 18-month investigation are, by publicans had the gall to brag that sources available to meet those obliga- themselves, cause of serious concern. they would devote the other half to So- tions. But what is also disturbing, is that the cial Security. Majority Leader DICK Social Security is fundamentally flow of large amounts of drugs through ARMEY boasted that this is ‘‘a big, big sound. Unless Congress makes the cur- our ports of entry has apparently con- step in the direction of saving Social rent problems worse, harsh benefit cuts tinued even while the GAO was con- Security.’’ Nonsense. Congressman will not be necessary to insure its long- ducting its research. ARMEY’s suggestion is the equivalent of term solvency. It is essential that the Four reports in all have been issued a banker embezzling half the money he current benefit structure be preserved. by the GAO: was entrusted with, and boasting that For two-thirds of our senior citizens, Customs Service: Information on he did not steal it all. Social Security benefits represent Southwest Border Drug Enforcement Now we hear from Speaker GINGRICH more than half of their annual income. Operations (GAO/GGD–97–173R, Sept. that House Republicans will only seek Social Security has dramatically re- 30, 1997). a tax cut of $70 to $80 billion this year, duced the poverty rate among older Customs Service: Process for Esti- but intend to pass a much larger one Americans. We cannot allow that guar- mating and Allocating Inspectional next spring. He acknowledged that anteed benefit to be undermined. No Personnel (GAO/GGD–98–107, April 30, ‘‘virtually all of it’’ would be paid for action by Congress would threaten 1998). with dollars taken from the surplus. those benefits more than recklessly Customs Service: Drug Interdiction: The intent of these Republican spending a large portion of the Social Internal Control Weaknesses and Other schemes is clear—it is to rob Social Se- Security Trust Fund for irresponsible Concerns With Low-Risk Cargo Entry curity in order to pay for tax cuts tax cuts. Programs (GAO/GGD–98–175, July 31, going disproportionately to the The surplus belongs to Social Secu- 1998). wealthiest citizens. rity—all $1.5 trillion of it. We are not Customs Service: Internal Control Whether the Republicans take one free to spend it for other purposes. The Weaknesses Over Deletion of Certain giant bite, or several smaller ones, out Republican assault on Social Security Law Enforcement Records (GAO/GGD– of the surplus, the result will be the is unconscionable. We must preserve it 98–187, August 21, 1998) same—a dramatic weakening of Social for future generations, not spend it The August 1998 report was particu- Security. The entire $1.52 trillion be- recklessly on tax cuts now. larly troubling and I sent a letter to September 15, 1998 CONGRESSIONAL RECORD — SENATE S10333 Treasury Secretary Robert Rubin on No recertification requirement for Customs’ guidance for its use does not August 17, 1998, asking for his response. companies already approved for the follow standards set by the Comptrol- To date, I have not heard back from Line Release Program to ensure that ler General, and which renders it vul- him. I am also including a copy of this the participants remained a low risk nerable to deletion of data without letter in the record. for drug smuggling. (The Otay Mesa checks and balances by management. The problems identified in Customs’ Port did recertify participants on the The bottom line: this could result in drug enforcement efforts at three cargo basis of their shipping volume criteria, cargo shipments being expedited when inspection facilities (Loredo, Texas; but does not recheck those same com- they in fact should be stopped and Nogales, Arizona; and Otay Mesa, Cali- panies for their compliance or perform searched. fornia) have been occurring during a follow-up background checks, the GAO In addition to communications prob- time when the North American Free said.) lems, and the previously cited weak- Trade Agreement has stimulated sig- A lack of documentation of super- nesses in the Line Release and Three- nificant increases in commercial trade. visory reviews and approval of deci- Tier Targeting program, the GAO also The increased trade generated by sions. found problems with the processes for NAFTA has resulted in significant ex- Mr. President, given these problems estimating and allocating inspection pansion of opportunities for drug traf- in a program whose intent was to expe- personnel at the ports. ficking organizations. This is largely dite crossing of low-risk shipments so For example, under the current Cus- because of the excellent ‘‘cover’’ com- more enforcement attention could be toms’ employees union contracts, in- mercial trade activity provides, ac- focused on high-risk shipments, the ef- spectors can only be moved to new cording to a report issued by Operation fectiveness of the Line Release pro- sites if they volunteer, which I find Alliance, a federally sponsored drug en- gram is called into question. quite surprising. forcement coordinating agency in El Moreover, the GAO found that Cus- The GAO report also found that in- Paso. toms officials themselves have little consistent practices in the agency’s The Operation Alliance Report clear- confidence in the ‘‘Three Tier Targets’’ personnel decision-making processes ly describes the ways in which drug concept, another enforcement initia- could prevent Customs from accurately smugglers are exploiting increased tive implemented in 1992, which was estimating the need for inspector per- trade. Let me cite just a few examples supposed to help identify low- and sonnel and allocating them to ports. of how drug traffickers are taking ad- high-risk shipments so inspectors could This inability to quickly allocate re- sources to where they are needed most vantage of the increased trade gen- focus their attention on suspect ship- is just another hindrance in our drug erated by NAFTA: ments. Traffickers are making extensive use Under the program, Customs head- interdiction efforts at the border. Mr. President, the problems go on of ‘‘legitimate’’ systems for moving quarters identified how cargo ship- and on. It’s an alarming situation that drugs into the United States by becom- ments would be divided into three-tier demonstrates the Southwest Border is ing thoroughly familiar with Customs categories, but allowed the ports of still, without question, ground zero in documents, procedures and processes. entry to develop their own procedures U.S. drug interdiction efforts. Traffickers are also becoming in- for assigning risk. More than 70% of the cocaine and volved with well-known legitimate The GAO found that this program other narcotics entering this country trucking firms that would be less like- does not work because there is insuffi- come across our Southwest border. In ly targets of law enforcement scrutiny. cient information in the Customs’ fact, narcotics intelligence officials Known drug traffickers are also in- database for researching foreign manu- continue to warn that an estimated 5 volved as owners or controlling parties facturers. What this means is that the to 7 tons of cocaine enters this country in other commercial trade-related busi- reliability of the risk designations, every single day of the year. nesses to assist in the storage and which range from ‘‘little risk’’ for nar- In the last two years, Congress has transportation of drugs, such as semi- cotics smuggling to a ‘‘significant authorized more than $100 million for trailer manufacturing companies, rail- risk,’’ are questionable and therefore 650 additional inspectors and state-of- road systems, factories, distributing unreliable. the-art technologies along the South- companies and warehouses. The GAO report noted that some in- west border. The President’s budget in Some traffickers have sought trade spectors (at Laredo) were ‘‘more sus- FY1999 calls for an additional $104 mil- consultants to determine what mer- picious of shipments classified as low lion for Southwest Border drug inter- chandise moves most quickly across risk because they had doubts about the diction efforts. the border under NAFTA rules. reliability of the tier designations.’’ Despite our best efforts and constant Against this backdrop of traffickers Such doubts could lead to a self-defeat- drum beat by Members of Congress, in- exploiting legitimate means of trans- ing exercise in which inspectors cluding myself, to try to tighten Cus- porting cargo across the border for checked more low-risk shipments in- toms’ drug enforcement efforts, little their own illicit smuggling operations, stead of focusing their attention on progress has been made. we now have the GAO finding disturb- high-risk shipments, the GAO said. Trucks are still getting through our ing evidence of problems in Customs’ Although I have cited only a few of ports of entry with their loads of illicit drug enforcement efforts. the numerous problems and concerns drugs concealed in cargo ranging from Problems found by the GAO include: identified in the GAO reports dealing electronics components to vegetables, Internal control weaknesses in a pro- with low-risk cargo entry programs, or in false compartments built into the gram known as ‘‘Line Release,’’ in- they are sufficient to raise serious trucks. tended to identify and separate ‘‘low- doubts about the effectiveness of Cus- For example, one of the largest co- risk’’ shipments from those with appar- toms’ drug enforcement efforts at our caine seizures ever made in California’s ently higher smuggling risk. These Southwestern Border Ports of Entry. Imperial County occurred last Novem- flaws at all three of the above-men- But, unfortunately, there is more. ber when Border Patrol agents found tioned border crossings are seriously The GAO also found significant inter- 835 pounds of the drug concealed in a jeopardizing the security of the pro- nal control problems with a Treasury tractor trailer rig of Mexican registry gram. Enforcement Communications System, at a highway checkpoint about 50 miles Incomplete documentation of screen- which is used to compile lookout data north of the border. (Source: U.S. Bor- ing and review of applicants at Otay for law enforcement purposes, includ- der Patrol.) Mesa, as well as Nogales. ing identification of persons and vehi- The next month Border Patrol agents Lost or misplaced Line Release appli- cles suspected of drug smuggling. seized 474 pounds of marijuana in an- cation files and background checklists The system is used by more than 20 other truck of Mexican registry in that served as support for approving federal agencies, including the INS, Calexico, CA., across the border from applications. Otay Mesa officials were DEA, IRS and Bureau of Alcohol, To- Mexicali, Mexico. (Source: U.S. Border unable to locate 15 of 46 background bacco and Firearms. However, Customs Patrol) checklists in the Line Release pro- did not have adequate controls over de- At the Otay Mesa Cargo Inspection gram. letion of records from the system and facility, there have been 24 seizures S10334 CONGRESSIONAL RECORD — SENATE September 15, 1998 within the last year of drugs found con- Mr. President, we must address the ments into three tiers—little risk, unknown cealed in trucks and trailers, including Customs’ internal control problems degree of risk and significant risk—giving those of two Line Release participants. now. We need to fix the problems be- expedited treatment for those shipments (Source: information provided San fore authorizing any additional pro- considered ‘‘low risk’’. GAO reports that offi- cials from all three ports agreed that this Diego District Office by a Customs in- grams that would further complicate program is not effective in distinguishing spector.) our drug interdiction efforts at the bor- low to high risk shipments since little infor- And, in August of 1997, the New York der. mation is in the database to research foreign Times News Service reported the fol- As the ranking member of the Tech- manufacturers and the reliability of the risk lowing: nology Terrorism Subcommittee on the designations are questionable. For instance, For nearly a year, 18-wheel trailer trucks, Judiciary Committee, I hope to work narcotics seizures have been made from ‘‘low driven by experienced truckers recruited in with the Chairman of the Subcommit- risk’’ shipments. Michigan, have been rolling north from the tee to hold hearings on the issues GAO recommendations. The GAO report rec- ommends that Customs strengthen internal Mexican border to New York, delivering tons raised by the GAO reports so that we of concealed cocaine and marijuana and car- control procedures for the Line Release ap- can fully understand the problem and plication and review process and that Cus- rying back millions of dollars in illegal drug identify a long-term solution. profits. toms suspend the Three Tier Program until I will work with the distinguished more comprehensive data is available for Authorities said the trucks were dis- chairman of the Judiciary Committee Customs to make risk assessments and give patched by Mexico’s most powerful to identify a way for such hearings to expedited entry into the U.S. Furthermore, drug-trafficking syndicate, once head- be held without delay. GAO suggests evaluating the effectiveness ed by the late Amado Carillo Fuentes. Mr. President, I ask unanimous con- and efficiency of pilot programs such as the Prefile program and the Automated Target- A parallel investigation discovered sent that my letters to GAO and to the smuggling of at least 1.5 tons of co- ing System being tested at Laredo before ex- Secretary Rubin be printed in the panding the program further. caine a month in crates of fruits and RECORD. As you know, drug smuggling is an ongoing vegetables from Mexico, according to There being no objection, the mate- problem for border states like California. I the New York Times Service article. rial was ordered to be printed in the know you share my concern in facilitating One wonders if these cocaine-laden RECORD, as follows: the flow of legitimate cargo into the United vegetable shipments were routinely States without jeopardizing our enforcement U.S. SENATE, abilities against illegal drug smuggling. I passed through by border inspectors Washington, DC, August 17, 1998. would appreciate your response on the prob- month after month because they were Hon. ROBERT RUBIN, part of the Line Release or other Cus- lems outlined by GAO as quickly as possible. Department of Treasury, With warmest personal regards, toms’ programs that had classified the Washington DC. Sincerely, DEAR SECRETARY RUBIN: I am writing to shipments as low-risk for drug smug- DIANNE FEINSTEIN, ask that you review and respond to the gling. U.S. Senator. More than once, officials at Customs weaknesses outlined in the enclosed recent GAO study of Customs Services’ drug inter- have told me that not only is it impos- U.S. SENATE, diction and enforcement programs along the Washington, DC, March 6, 1996. sible to increase inspection of trucks Southwest border. CHARLES A. BOWSHER, and cars entering our borders, but that The GAO study clearly indicates problems Comptroller General, General Accounting Of- it is not really necessary. Customs is with the current drug enforcement oper- fice, Washington, DC. ations along the Southwest border, particu- relying on its sophisticated tech- DEAR COMPTROLLER GENERAL BOWSHER: I nology, including electronic tech- larly the Line Release program and the am alarmed at the continuing influx of drugs nology, random searches, and Customs’ Three Tier Targeting Program. entering our country across the border with vast intelligence operations, to stop The Line Release Program has weak internal Mexico, and at the inability or unwillingness controls. As you may know, the Line Release the drug smugglers. of the United States Customs Service to ef- program was created in 1986 on the northern fective address this problem. But the fact is, while Customs is hav- border and in 1989 on the southern border to ing internal control problems, the drug Mexico is a dominant source of drugs en- expedite shipments of those brokers, import- tering our country: traffickers have developed detailed ers and manufacturers who Customs consid- 75 percent of the cocaine in the United knowledge and profiles of our port op- ered a low risk for drug smuggling based on States comes here through Mexico, accord- erations, and are using the ‘‘cover’’ specific guidelines set by the Customs’s Line ing to the Drug Enforcement Administration that legitimate commercial trade ac- Release Quality Standards. (DEA). tivity provides to penetrate our bor- Of the three ports studied—Otay Mesa, CA, 70 to 80 percent of all foreign-grown mari- Laredo, TX and Nogales, AZ—GAO identified juana enters the U.S. from Mexico, according ders and smuggle drugs. one or more internal weaknesses in the Line Additionally, the ‘‘random’’ searches to the Boston Globe. Release program as implemented at all of 90 percent of the precursor chemical ephed- that I have heard so much about are the ports, seriously jeopardizing the security rine, used to manufacture the rapidly-esca- supposed to keep traffickers trembling of the program against drug smugglers. lating problem drug methamphetamine, in their ‘‘big-rigs.’’ But they have be- The internal control weaknesses found by comes through Mexico, according to the come so predictable that, as Customs the GAO include: lack of specific criteria for DEA. has previously told my staff: ‘‘traffick- determining applicant eligibility at Nogales Colombian drug cartels are using Mexico ers know what cargo, conveyances, or and Laredo; incomplete documentation of as a safe haven to store as much as 70 to 100 screening and review of applicants at Otay passengers we inspect, how many of tons of cocaine to be smuggled into the U.S., Mesa and Nogales; lack of documentation of according to the DEA. those conveyances are checked on an supervisory reviews and approval of deci- Yet, faced with a problem of this mag- average day, what lanes we work hard- sions; lost or misplaced application files and nitude, the Customs Service, a critical en- er, and what lanes are more accessible background checklists; (For instance, forcement agency at the Mexican border, has for smuggling.’’ Nogales officials were unable to locate 2 of 7 been surprisingly and disappointingly inef- Mr. President, I know how difficult applications for companies currently using fective. this task is, and I want to commend the Line Release program, and could only lo- Last year, the Los Angeles Times reported the extremely hard working men and cate 1 of 7 Line Release checklists identified that not one pound of cocaine was seized with the applications on file. Otay Mesa offi- women of the United States Customs from trucks at three of the busiest ports of cials were unable to locate 15 of 46 back- entry on the Southwest border in 1994. Service, but the impact of Customs’ in- ground checklists in the Line Release pro- Despite the alarm which I expressed at this ternal control problems have dire con- gram.); and no recertification requirement fact, and my calls for corrective action, re- sequences in our fight against drugs in under the Code of Federal Regulations or porters from the Los Angeles Times have our cities and in our rural areas. Customs’ implementing guidelines for com- told my staff that, according to sources at But without effective internal con- panies already approved for the Line Release Customs, this continued unabated in 1995, trols over the Line Release program, Program despite the fact that without recer- with no cocaine seizures being made from the Three-tier risk program and other tification, there is no assurance that the par- trucks at Otay Mesa, Brownsville, El Paso, ticipants remain a low risk for drug smug- and Laredo, four of the busiest ports. The enforcement initiatives cited by the gling. Customs Service has not yet responded to GAO, Customs’ ability to detect drug All three ports have little confidence in the my staff’s requests to verify this fact. smugglers and to interdict drugs at the Three Tier Targeting Program. The Three Tier The Washington Post reported that cargo border is seriously jeopardized. Program allows Customs to classify ship- trucks, along with ships, are considered a September 15, 1998 CONGRESSIONAL RECORD — SENATE S10335 primary means of smuggling large amounts Is the Los Angeles Times report that there The PRESIDING OFFICER. Under of narcotics into the United States. were no cocaine seizures from trucks at the previous order, the Senator from In 1993, the then-District Director of the three or four of the busiest ports of entry on Arkansas is recognized to offer an Customs Service may have prevented inves- the Southwest border in 1994 and 1995 accu- tigators from the Inspector-General’s office amendment relating to mining with rate, and, if so, what accounts for this? the time until 12:30 p.m. to be equally from conducting a surprise inspection of the Is Customs following up and adequately ‘‘line release’’ program at the southwest bor- using the intelligence which they gather? divided in the usual form. der, an investigation aimed at determining How vulnerable are Customs’ communica- The Senator from Arkansas is recog- whether unauthorized trucks, potentially tion systems to penetration by drug smug- nized. carrying drugs, were allowed to cross the glers? Mr. BUMPERS. Madam President, border without inspection. What steps are Customs taking to address my colleagues will be greatly relieved The news program ‘‘Dateline: NBC’’ re- the problem of ‘‘spotters’’ (individuals who with my departure at the end of this cently filmed more than 35 trucks in just linger around ports of entry, radioing inspec- year because they won’t have to listen four hours of surveillance belonging to com- tion patterns to smugglers on the other side to this debate anymore. They may panies on Customs’ ‘‘watch list’’ for drug of the border)? How are these steps working? smuggling rolling right through Customs, have to listen to it again, but not from How are the Cargo search x-ray machines me. without being inspected. performing? It has been reported that the organization This amendment arises from a situa- It is imperative that we get to the bottom of recently-arrested Mexican drug kingpin of the problems at Customs, and I appreciate tion which really began last year, Juan Garcia Abrego has paid millions of dol- your assistance in this regard. Madam President. In order to set the lars to U.S. and Mexican law enforcement of- Sincerely, stage for it, I direct my colleagues’ at- ficers. It seems inevitable that a substantial DIANNE FEINSTEIN, tention to this chart here. But before portion of that money has gone to Customs U.S. Senator. officials, as they are responsible for inter- doing so, let me just say that we had cepting drugs at the ports of entry along the Mrs. FEINSTEIN. Mr. President, I what I thought was a solemn agree- Mexican border. yield the floor. ment last year on this same issue. I As a Customs supervisor told the Washing- The PRESIDING OFFICER. The Sen- won’t say it was a handshake contract, ton Post, ‘‘Tons and tons of cocaine are ator from Alaska. but last year the Interior appropria- crossing the border, and we’re getting very tions bill contained a provision that little of it.’’ Mr. MURKOWSKI. Mr. President, I The current pattern of drug flow and drug thank the Chair. As I understand it, we was added in the committee markup, enforcement into and within this country are in morning business? which said the Secretary of the Inte- must be changed. To better understand how The PRESIDING OFFICER. The Sen- rior may not promulgate new regula- federal law enforcement approaches these ator is correct. tions for the mining of hard rock min- problems and the efficacy of federal pro- Mr. MURKOWSKI. I ask unanimous erals on Federal lands until every Gov- grams to curtail drugs, I am officially asking consent I be allowed to speak for up to ernor of 11 Western States had individ- the General Accounting Office to investigate ually agreed to it. drug enforcement by the Customs Service. 5 minutes. The PRESIDING OFFICER. Without In 1976 we passed FLPMA, an acro- To target your resources, I ask that you nym for Federal Lands Policy Manage- focus initially on evaluating the Customs objection, it is so ordered. Service’s drug enforcement operations at Mr. MURKOWSKI. I thank the Chair. ment Act, it was my second year in the Senate when we passed that, but I was Otay Mesa. After you have evaluated Otay (The remarks of Mr. MURKOWSKI per- Mesa, I would like to work with you to taining to the submission of (S. Res. very active in the negotiations and broaden this inquiry to the rest of the South- passage of that bill. It was a com- 276) are printed in today’s RECORD west border. Specifically, I would appreciate prehensive bill that determined how all under ‘‘Submission of Concurrent and your addressing the following questions re- Bureau of Land Management lands Senate Resolutions.’’ garding Otay mesa: would be handled. In it we said that the Mr. MURKOWSKI. I suggest the ab- Does the Commissioner of Customs provide Secretary of the Interior is charged clear direction to Customs personnel regard- sence of a quorum. with the responsibility of ensuring that ing Customs’ drug enforcement mission? The PRESIDING OFFICER. The on Bureau lands, no unnecessary and How have Customs’ drug enforcement ef- clerk will call the roll. undue degradation would occur. forts been, or how will they be, affected by The assistant legislative clerk pro- their programs to facilitate trade and pas- Now, as my friend, the Governor of senger movement, including but not limited ceeded to call the roll. Florida, Lawton Chiles, who used to be to: line release; re-engineering primary pas- Mr. GORTON. Madam President, I our colleague, used to say on this floor, senger processing; and expanded access by ask unanimous consent that the order ‘‘The mother tongue is English.’’ You Mexican trucks to the U.S. pursuant to the for the quorum call be rescinded. cannot say it any better in English North American Free Trade Agreement The PRESIDING OFFICER (Mrs. than to say the Secretary is hereby (NAFTA)? HUTCHISON). Without objection, it is so charged with the responsibility for How have the percentage rates of inspec- ordered. tions of trucks, cars, and ships by Customs making certain that there is no undue, changed over the last three years? f unnecessary degradation of Federal What increases in border crossings by CONCLUSION OF MORNING lands. trucks, cars and ships does Customs expect We have about 450 million acres of BUSINESS over the next several years? Does Customs Federal lands, and an awful lot of it is have a reasonable basis for the projections it The PRESIDING OFFICER. Morning eligible to be mined for various has made? If Customs has not made such pro- business is closed. jections, why haven’t they, and was any con- hardrock minerals, notably gold, plati- sideration given to making them? f num, silver, zinc, lead, you name it. So in 1980, the Secretary issued regula- Has Customs made adequate plans to meet DEPARTMENT OF THE INTERIOR any expected increases in such border cross- tions to comply with FLPMA and in AND RELATED AGENCIES APPRO- ings? 1981 they were finalized and went into PRIATIONS ACT, 1999 What is the basis for Customs’ allocation effect. Everybody applauded and said it of personnel resources for carrying out their The PRESIDING OFFICER. Under is wonderful. Now we have regulations drug enforcement responsibilities? Is this the previous order, the Senate will now in place that will govern mining com- basis reasonable? Have Customs’ actual allo- cations of personnel matched their projec- resume consideration of S. 2237, which panies. tions? the clerk will report. What brought these regulations What are Customs’ processes for training A bill (S. 2237) making appropriations for about? It was the first time we had their personnel in their drug enforcement re- the Department of the Interior and related ever tried to regulate mining on Fed- sponsibilities? agencies for the fiscal year ending Septem- eral lands. Why did we do it? Because Why are trucks on Customs’ ‘‘watch list’’ ber 30, 1999, and for other purposes. at that very moment, there were 557,000 passing through without inspection? Is it The Senate resumed consideration of abandoned mines in this country. Who human error, corruption, systematic flaws, or something else, and in any case what is the bill. do you think had been left with the necessary to fix this? Do Customs personnel Pending: pleasure of cleaning up those 557,000 actually implement, on an operational level, Daschle amendment No. 3581, to provide abandoned mines? You guessed it— what Customs’ law enforcement plans de- emergency assistance to agricultural produc- ‘‘Uncle Sucker.’’ The cleanup costs, ac- scribe that they do? ers. cording to the Mineral Policy Center, S10336 CONGRESSIONAL RECORD — SENATE September 15, 1998 for those 557,000 mine sites is cal- each Western Governors had veto ing companies to mine on Federal culated to be between $32.7 billion and power over the revised regulations. lands with virtually no regulations to $71.5 billion. Within the 557,000 aban- That was, obviously, a little too much, guide them, being able to put up an in- doned mines, 59 of those are now Super- even for some of my friends in the sufficient bond, and when they take fund sites. We don’t put things on the West, to stomach. bankruptcy and go south again, will Superfund list just for fun. That is a So Senator REID and I worked to- leave the taxpayers of America to pick big-time environmental disaster. In ad- gether in good faith and mutual friend- up the tab. I don’t know how I can put dition to 59 Superfund sites, we have ship and respect on both sides. We it any plainer than that. 12,000 miles of rivers that have been amended that language to say that the Madam President, let me be just a polluted by mining waste, and we have Secretary will consult with all the little bit more dramatic, a little bit 2,000 national park sites in need of rec- Governors of the West. After he has more graphic about why the anti-envi- lamation. done so, he will certify to the Congress ronmental rider in this bill should be Now, think of that. We have 2,000 that he has consulted with all of the taken out. mine sites within the national parks Western Governors. He maintained I want you to bear in mind, last year that have to be reclaimed. And because that he had already done that, but they we postponed it until November 15. If it took the Nation too long to wake up disagreed with that. So we required my amendment is not adopted, that to the environmental damage that was consultation in the amendment. That takes us down well past November. It being done by mining in this country, is the path we adopted last year. takes us into about January 2001; and this damage had already occurred when We also put a time schedule in there more and more environmental degrada- we passed FLPMA in 1976 saying the so that the Secretary could continue to tion, more rivers and streams polluted, Secretary will promulgate regulations work on the regulations, and he could more mining companies taking bank- to make sure that not only this comes promulgate the regulations after No- ruptcy and heading south with an in- to an end, but that it never happens vember 15. The deal was done. It will be sufficient bond. again. So we gave the Secretary regu- done after the election. Nobody will be That is for what you are going to be latory authority. hurt politically. The only thing wrong voting. For all of those who are run- In 1981, those rules went into effect. with that is this year—1998—when the ning for reelection this year, when you Let me make one point, and I will bill comes out of the appropriations go home and your opponent says, ‘‘Why make it more than once in this debate. subcommittee, the deal was reneged did you vote against putting some reg- The mining of gold in this country is upon. ulations in to regulate the use of cya- done nowadays primarily with the use What is the new requirement? The nide to keep it from going into our un- of cyanide. Cyanide is a lethal chemi- new provision states that the Sec- derground aquifers and our rivers and cal. retary could not promulgate these reg- streams; why did you vote to continue Now, Madam President, in 1991, ulations until the National Academy of that,’’ I would like to hear your an- George Bush was President, a conserv- Sciences has studied it for 27 months. swer. ative Republican administration. Be- Next year, it will be the National Insti- But just to give the taxpayers of cause this new technique of mining tutes of Health. God knows, the next America some information, if not my with cyanide had gone into effect and year it will probably be the National colleagues who are not here this morn- there were several mines which had Organization for Women—anything to ing, in 1992, Galactic Resources, the caused cyanide to leak into the keep these regulations from going into owner of the Summitville Mine in Col- streams and rivers around it and into orado, took bankruptcy. They left cya- the underground water supply, the en- effect. Make no mistake about what we are nide, acid, and metal runoff going into vironmentalists were squealing like talking about. Everybody understands the underground aquifers and the pigs under a gate. So, in 1991, the Bush administration, it. Under the provision that is in the Alamosa River. Do you know what has through Secretary Lujan, came out bill this year, which I am proposing happened since then? The taxpayers of with a study to develop new regula- with this amendment to strike, guess this country are paying over $1 million tions to take care of these new envi- what the timetable is. It will now take a year to try to contain cyanide and ronmental problems. But because in 27 months for the National Academy of acid runoff from that mine, not Galac- 1993 we were trying to reform the Sciences to study it and to report it tic Resources. whole mining law, everybody said, and the Secretary to consider it and do The Summitville mine took bank- ‘‘Well, we have got this whole law we whatever he is going to do—27 more ruptcy and went south. That was in are going to reform,’’ so the Interior months, over 2 years, of continuing to 1992. The reason they were able to cre- Department decided to suspend the sock the taxpayers of America with the ate an environmental disaster in the work on revising the regulations. Un- foibles of the mining industry. I will State of Colorado is because Colorado’s fortunately, in 1994, the Western Sen- come back to some of those foibles in bonding regulations were insufficient. ators were able to kill the mining law just a moment and tell the American Federal regulations are similarly reform legislation that was pending in taxpayers what they are paying for flawed. We have constantly postponed Congress. right now. new regulations, and the regulations As a result, last year, Bruce Babbitt, Why 27 months? You know, if you are we were operating with were promul- the all-time favorite whipping boy of a U.S. Senator, and if you paid any at- gated in 1981, and in 1981 we didn’t even the West, said he, as Secretary of the tention at all—you don’t have to have know about cyanide poison being used Interior, was going to honor FLPMA as a picture drawn for you—27 months in the mining process. Secretary Bab- it was written, and that is to make takes us past the year 2000. So we go bitt is trying his best to promulgate sure there is no unnecessary and undue past the election in the year 2000, and rules and regulations to make sure degradation of the public lands. So he all of my friends who are going to come there will be no more Summitville reinitiated the process begun in the in here and vote against my proposal mines. Bush Administration to revise the min- today hopefully will elect a President So when people come walking onto ing regulations in order to attempt to of a different persuasion who will bring the Senate floor to vote on this amend- prevent environmental disasters, such James Watt back as our Secretary of ment, remember, you get to go home as the leak of cyanide into the rivers, the Interior. and tell your constituents that they streams and underground water sup- That is the politics of the issue. It is are picking up a million-dollar tab a plies. So Senator REID of Nevada, in not pleasant to talk about things like year because we do not have regula- the appropriations subcommittee last that on the floor of the Senate. But tions to control gold mining in this year added a provision which would there isn’t a single Senator here today country. have prohibited the Secretary from who is going to vote who doesn’t under- Now we have a brand new one in promulgating these rules unless all of stand precisely what it is about. Every Montana. Pegasus Gold Company, the Western Governors consented. Senator who votes against my amend- which has filed for bankruptcy recently The provision, as it was drafted, was ment is going to know in spades that closed the Zortman-Landusky mine on patently clear. It simply meant that he is voting to continue to allow min- BLM and private land in Montana. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10337 They have filed for bankruptcy. Cya- cycled and once again put through this asters on our hands that cost the tax- nide spills all over the place. And who drip process. It is like a drip irrigation payers ‘‘gazillions.’’ It is going to cost do you think is going to get to pick up system. them a fortune. the shortage on their bond? The tax- Now, the first thing you have to do is And don’t anybody make any mis- payers of America. understand how lethal cyanide is, and take in your judgment about how this And here is one, to be totally fair the second thing you have to under- is going to play out. As I said, we had about it, that is not on Federal land, stand is that the reason some of these a solemn agreement last year. Every- the Gilt Edge mine in South Dakota, spills occur is that the plastic liners body understood exactly what we were another 1998 matter. They had cyanide leak. Think about how ominous it is. agreeing to. And, incidentally, we said leaks in the ground water, acid mine How would you like to live in the vicin- the Secretary had to consult with all drainage, and they are in financial dif- ity where you knew your underground the Western Governors. He has done ficulty. And if they take bankruptcy, it water supply had cyanide leaking into that. Governor Miller, I think, is presi- is estimated that their bond will pay it? dent of the Western Governors’ Asso- about 50 percent of the cost of cleaning Mr. President, I have nothing against ciation; he has notified Members of up that mess. the National Academy of Sciences, it is Congress that they have been consulted The regulations that we are talking a fine organization. But we don’t need with. Everything we agreed to last about trying to get promulgated to another Academy study. The National year has taken place, and we come stop this outrage are not just to stop Academy of Sciences has already ex- back here today and industry says, the use of cyanide. We are not trying amined the matter. In 1978, when we ‘‘No, we have to have one more study.’’ to stop the use of cyanide. We are try- enacted SMCRA, governing the regula- I have said most of what I want to ing to make them use it in a way that tion of coal mining, a provision was in- say. I just ask, what is the objection, we know the plastic cover on the cluded in the bill to require the Na- even of the Western Senators? What is ground is strong enough to not break tional Academy of Sciences to study their objection to the Interior Depart- and leak. But the second thing we are the regulatory requirements needed to ment, that they want to prohibit any talking about is making them put up a address the environmental impact of update of the regulations? Nobody has sufficient bond; in case they do have a hard rock mining. That study was com- cited a single objection to the drafts of spillage, in case they do go broke, the pleted in 1979. That same study found a the Secretary of Interior that were taxpayers will not be left with it. need for a Federal regulatory frame- going to go into effect, that were going The reason I use Gilt Edge is not be- work. to be promulgated November 15 of this cause they are mining on Federal lands In 1996, the Environmental Law Insti- year. Do they object to mining compa- but because they are proposing to ex- tute studied hard rock mining pro- nies having to file a plan before they tend their operations onto National grams and said the current regulations start mining? Do they object to requir- Forest land. were insufficient. That was in 1996. In ing mining companies to post a bond So since 1976 we have been trying to 1992, the House Committee on Interior sufficient to take care of the devasta- stop mining companies from mining in and Insular Affairs prepared a study tion that they may cause? Do they ob- an improper way, leaving the taxpayers that found significant gaps in environ- ject to a regulation that says they with the tab. We have been trying a lot mental regulation of mining. The GAO must reclaim the land when they finish of other things without success. But if has studied this issue to death and has mining it? What is the objection? Is it I were speaking on national television found flaws in the administration of that they have to minimize the adverse to 268 million people in America and our mining laws. impact on the environment, if at all all the adults were listening, how many The question then becomes, When economically and technically possible? votes do you think I would get? About you consider all the studies that have It does not say they have to. It says 90 percent of the American people. But, been done and the damage that has oc- they have to minimize adverse impacts unhappily, I am not speaking to 268 curred while we have been doing stud- if at all technically and economically million Americans. Lord, how I wish I ies, why in the name of all that is good possible. Who could object to that? were; I feel supremely confident as to and holy do we need another study? I Madam President, I yield the floor. how the American people would feel repeat, do we need another study to Mr. MURKOWSKI addressed the about this. postpone this until after the year 2000, Chair. So, Madam President, let me go back when a new Secretary, presumably, Mr. BUMPERS. Madam President, and make one other point and then I will take office who does not even be- the amendment is up, isn’t it? will allow some of my adversaries to lieve in studies, let alone environ- The PRESIDING OFFICER. The Sen- have their say. mental regulation? This is all a ploy. ator has not called up his amendment. Let me describe for you how gold is Everybody in the Senate knows that. AMENDMENT NO. 3591 mined today under modern methods. When they vote today, they are going (Purpose: To remove an anti-environmental First of all, you have to dig up the to think, ‘‘Now, what kind of a 30-sec- rider) earth. You dig up huge, cavernous ond spot can somebody make out of me Mr. BUMPERS. I now call up my amounts of soil that supposedly has voting to continue mining gold with amendment. gold in it. You bring the soil into the cyanide when the regulations were The PRESIDING OFFICER. The mine site, where huge plastic covers written before cyanide was even used clerk will report. have been laid out on the ground, and in gold mining?’’ And they think about The legislative clerk read as follows: you dump this soil on this plastic cover it and they put it through this little The Senator from Arkansas [Mr. BUMPERS] that covers the ground and presumably filter, this little political filter in their proposes an amendment numbered 3591. will hold any fluid or liquids that you ear, and say, ‘‘Well, on the other side it Strike line 19 on page 55 through line 6 on put through this dirt. Huge pits. You says the National Academy of page 58. ought to see them. They look like Sciences. Who can object to the Na- The PRESIDING OFFICER. The Sen- abandoned strip mining sites. But this tional Academy of Sciences studying ator from Alaska is recognized. modern method that I talked about is something? It is a very prestigious or- Mr. MURKOWSKI. Madam President, new, brand new, and is causing all the ganization.’’ And they can probably try let me wish you a good morning as we damage that we need regulations to to convince their constituents that proceed with the Interior appropria- control. they are trying to protect them by tions process. I would like my col- Then they use a drip process along having the National Academy of leagues to note that I stand in strong the top of this big mound of dirt where Sciences do a study when, in fact, the opposition to Senator BUMPERS’ this cyanide drips through, and it seeps National Academy of Sciences could do amendment to strike the National down through this huge pile of dirt. what they need to do on their own in 2 Academy of Science study. What we The gold is attracted to this cyanide months. But the list I just gave you have here is an organization of sci- solution. Then it pours out on the side shows this has been studied and studied entists that are objective. They have a into sort of a gutter, where the gold is and postponed and postponed, until reputation of making decisions based strained out of it and the cyanide is re- now we have these environmental dis- on sound science and not rhetoric. We S10338 CONGRESSIONAL RECORD — SENATE September 15, 1998 have a good deal of rhetoric here in are dealing with one particular mine regulations—simply put, the result so this body. product. You are dealing with gold, you far from the Department of Interior is, The language that Senator BUMPERS are dealing with silver, you are dealing no determination of need whatsoever would propose to strike is as simple with copper, all of which have different has come out of this process. and straightforward as any legislative complexities in the mining and, more Governor Miller of Nevada perhaps language can be. In spite of all words so, the refining process, different costs, put it best when he said the current to the contrary, it does nothing more and the realization that you may be Department of Interior mining regula- than direct the National Academy of mining rich gold in one mine and much tion effort is a solution looking for a Sciences to review existing State and lower grade gold in another, yet the problem, and my good friend from Ar- Federal environmental regulations costs are significant. When you try to kansas is here with his continuation of dealing with the hard rock mining in- have uniformity in application of min- his objection to this particular indus- dustry to determine the adequacy of ing law, it becomes very complex and try. these laws and those regulations to often an impossible task. During the last appropriations cycle, prevent unnecessary and undue deg- What we are proposing in our mining we attempted to temper the Sec- radation, and how to better coordinate bill, as the Senator from Arkansas retary’s driving impulse to regulate Federal and State regulatory programs knows, is a pattern similar to what is with an amendment which would have to ensure environmental protection. It working in the State of Nevada. My forced—forced—the Department of In- is short, it is sweet, and it is to the colleagues from Nevada will be ad- terior to at least coordinate its efforts point. dressing that. But that is basically the with the Governors of the affected The Senator from Arkansas has a application of a net royalty. States. My friend from Arkansas said long history in opposition to mining. It Madam President, hard as it is to be- they met that obligation. The only dif- is interesting to note that the State of lieve that we agree on anything, I do ference is, the Governors of the af- Arkansas has a relatively small agree with Senator BUMPERS that it is fected States didn’t agree with the De- amount of mining activity, most of an absolute shame that the Congress partment of Interior. which is either on private or patented has been forced to intercede in what It was our hope through this coordi- land, unlike the western part of the should be the Department of Interior’s nated effort the new regulations would United States, Nevada, California, routine rulemaking process. This has not drop a monkey wrench into the ex- Idaho, my State of Alaska. I do not been addressed by my friend from Ar- isting State-Federal regulatory net- have a constituency in the poultry in- kansas, but if we look back histori- work. Anyone, Madam President, with dustry. I could, perhaps, claim ‘‘fowl,’’ cally, we have been able to count on even a rudimentary understanding of how the mining industry is regulated relative to the constant objection from administration agencies to do an eval- understands that the State govern- my good friend from Arkansas who uation of needs that is objective and ments play by far the largest role in clearly has no constituency in the min- straightforward before launching off oversight and enforcement of environ- ing industry. But the point is, the min- and writing new regulations. Sadly, mental regulations on the industry. ing industry in the United States has under the current Office of the Sec- What is wrong with that? The Sen- been able to survive in an international retary of the Interior, this has not been ator from Arkansas seems to put little marketplace, unlike the poultry indus- the case. Let me tell you why. credence in the oversight capability of The entire rulemaking effort for min- try which has a domestic market and the States. What is wrong with the ing is rooted in a Secretarial directive domestic concerns. My point is that States, the most concerned group with the economy of a good portion of the to the Bureau of Land Management in regard to their responsibility concern- Western United States is dependent on which he concludes that since the Con- ing environmental oversight on the the mining industry. gress has not acted on mining reform, mining industry? Is it better to have a It needs fixing, but it is not broke. It it is his intention to do so through the faceless bureaucrat in Washington, DC, is rather interesting to note that the regulatory process. So here is the Sec- dictating what goes on in Nevada, Cali- reason we are here today, to a large de- retary of the Interior circumventing fornia, Idaho, dictating to the people of gree, is that we have yet to pass a min- the will of Congress. Idaho, the people of Alaska who live ing law reform package in the U.S. Why don’t we have a bill here? We ac- with the mining industry, who take Senate. It is fair to ask why. Let me commodated the Senator from Arkan- pride in their State, who take pride in tell you why, Madam President. sas in withholding on the markup so the reclamation process to meet their The Senator from Arkansas specifi- we could negotiate. Yet, he wants to obligations? cally asked the Senator from Alaska, move in and strike the involvement on The reason for this is simple. Over who chairs the Energy and Natural Re- a portion—a portion, Madam Presi- time, the States have been delegated sources Committee, not to mark up the dent—of the reform from having the Federal responsibilities for water qual- mining legislation because he was independent study done by the Na- ity, air quality, solid waste manage- working diligently with me and others tional Academy of Sciences. ment, and mine reclamation. These to try to put together a compromise I am sure my colleagues understand laws are the 800-pound gorillas when it that he could support. what we have going on here. As we comes to mining. But the point is, he asked and I put look at giving the Secretary of the In- Over time, these Federal programs off Senator CRAIG’s and my mining bill terior the right to initiate rulemaking, have been fully integrated into State while he negotiated with industry on a circumventing the role of Congress, I environmental protection laws. These comprehensive reform package. I hope think on most issues, my friend will interwoven laws form a complete and that effort is not over. But we would agree with me, there is no justification balanced net of environmental regula- not be here today or have to go for it. There is a mining bill before this tions that cover almost every aspect of through this debate if our reform bill Congress. We would like to have it mining activity. And if they don’t had come to this floor for a vote, which passed, but we are waiting for a resolve cover some, they will, without so much I hope within the timeframe remaining by the Senator from Arkansas to nego- as a thought given to the impact their it still might. It was an effort to pro- tiate something that is satisfactory to rulemaking efforts would have upon ex- vide a balanced package that contained him, as well as us. We have a bill before isting Federal and State programs that a host of surface management protec- this body, as I promised many of my the Department of Interior took upon tions along with royalty, but it was be- colleagues after the last vote on this itself to launch into a major rewrite ef- cause he asked us to put off the mining issue that we would. fort. law package that we are here today de- Let’s go back to the proposed rule- What is their agenda? Is it to run the bating only a portion of the reforms making, which the Senator from Ar- domestic mining industry offshore? We envisioned in my mining bill. kansas has referred to, at the Depart- have learned from what happened in Let me remind you, Madam Presi- ment of Interior. It is interesting to Mexico and Canada when the industry dent, the reform of mining law is com- note that no assessment of existing basically ceased to exist at its previous plex. There are different minerals. It is Federal laws and regulations, no as- level because of restrictions. And, re- not like the coal industry where you sessment of existing State laws and member, unlike the poultry industry, September 15, 1998 CONGRESSIONAL RECORD — SENATE S10339 which is a domestic industry and with the ultimate needs for new regulations. BUMPERS’ amendment. In so doing, we which my colleague from Arkansas is It does direct an ‘‘unbaised’’ assess- will be sending a clear message to the familiar, the mining industry has to ment of the need for new regulations be administration that good government operate internationally. It either com- completed before—and that is the is still important government, and the petes on an international basis or it whole purpose of the National Acad- government that is best is the govern- doesn’t. It is much more complex. emy of Sciences—before the Interior ment that is close to the people. The Last year, at the request of Governor Department can finalize mining regula- State’s voice should be heard. The Miller of Nevada, Senator REID put on tions. States play a critical role in environ- an amendment to the Interior appro- With diminished budgets, increased mental protection. Their partnership priations bill which would have made it need and the growing complexity of and input is important. Let’s have a mandatory that the Interior Depart- State, Federal and environmental pro- fair, objective, qualified, scientific ment at least coordinate efforts with tection laws, why on Earth would any group, the National Academy of the States—at least coordinate them. responsible government manager pro- Sciences, make the call. He did this only after the Governor pose a large-scale rulemaking effort How much time remains on each made it clear that coordination was without first establishing a solid and side? not taking place. specific need? The PRESIDING OFFICER. The Sen- So I take issue with the general Since it has become obvious that the ator from Alaska has 57 minutes; the statement of my friend from Arkansas. Interior Department is either unwilling Senator from Arkansas has 38 minutes. We were prepared last year to make In- or incapable of accomplishing this as- Mr. MURKOWSKI. I yield up to 15 terior Department coordination with sessment, then it is imperative that minutes to my friend from the State of the States mandatory. Senator BUMP- the Congress now step in and assume Nevada. ERS, however, saw fit to intercede on the responsibility. They leave us with Mr. REID. Madam President, this behalf of the Department of Interior no other choice. Once the National Senator from Nevada would like 20 with an amendment which removed Academy of Sciences completes its as- minutes, and the junior Senator from mandatory coordination with States sessment, the Interior Department will Nevada would like 10 minutes. and put in place a requirement that the be free to proceed with its regulatory Mr. MURKOWSKI. That is quite sat- Secretary certify to the Congress that efforts. At that point, they will have isfactory. the coordination had occurred, and the the information they need to rewrite The PRESIDING OFFICER. The Sen- Secretary has done that. But the the regulations in a way that fixes ator from Nevada is recognized. States didn’t agree. They didn’t agree, problems, if there are any, but not cre- Mr. REID. Madam President, let’s Madam President. ate problems. put this in proper perspective. Gold While I have had doubts about this, I The citizens of this Nation are enti- prices are at the lowest level in 19 supported the approach. I was hopeful tled to a Department of Interior that years as of just last week. The mining that the amendment would be received determines need before it acts, that industry has seen layoffs. Some of the in good faith by the Interior Depart- doesn’t waste money that it sorely companies have filed bankruptcy. This ment and that they would make sure needs in other places, a department seems like a very inopportune time to that the States interested were that doesn’t unnecessarily disrupt a come in and attack the mining indus- factored into their mining regulation system of State and Federal regula- try. It is an industry which creates the effort. What followed was the most, I tions laboriously constructed over dec- best blue-collar jobs in America. I re- think, disrespectful, in-your-face re- ades to complement and enhance envi- peat, the best blue-collar jobs in Amer- sponse I have ever seen from the De- ica come from mining. partment of Interior and any other ronmental protection at the lowest possible cost. Here is the Senator from Arkansas, agency of the Federal Government. again, as he does every year, attacking In the Interior appropriations bill, The time has come to draw a line in the sand with this administration. It is the mining industry. This year the at- when it was signed by the President tack is at a very inopportune time. I November 11, 1997, a letter certifying simply not in their purview to regulate an industry out of existence without repeat, the mining industry is going that coordination with the Governors through some very difficult times. had taken place was signed on Monday, first establishing a need for that regu- lation. It cannot simply dismiss input In spite of paying the highest wages November 14. Well, they didn’t agree. in blue-collar industry in America, the The cavalier attitude of the Interior from the affected States, which they have done. These States truly are our mining industry in America is the best Department is the sole reason we are in the world. The costs of production back here again this year. At this time, partners, not our enemies. I have communications from the are extremely low. They are lower than I urge my colleagues not to be taken in Australia or any other country. We are by the rhetoric. Fool me once, shame Governors of Nevada, Arizona, Idaho, competitive. But it has been very dif- on you; fool me twice, why, shame on Utah, Wyoming, and New Mexico, ask- ing Congress to protect their interests, ficult. me. Now, having said that, we also have It is obvious to me that we have seen asking us to support retention of the to recognize that the gold industry is a examples that the Department of Inte- National Academy of Sciences’ objec- very important industry for the United rior is simply unwilling and incapable tive study. Like us, they simply want States. We are a net exporter of gold. It of following good government practice the Interior Department to dem- when it comes to regulating the indus- onstrate a need for regulation before is one of the few things that we do that try. They have so completely lost their they step up on the effort. creates a favorable balance of trade in objectivity and become so biased By voting to table Senator BUMPERS’ America. With that as the setting for this against this industry that they appear amendment we will certainly set in completely incapable of making objec- motion this study. It is my understand- amendment, let me say this amend- tive and fair decisions. ing it will be Senator BUMPERS’ motion ment is attempting to strike from the It is just not the mining industry. to strike. bill language that is very, very reason- Grazing on public land falls into the Now, I am sure all of you will hear a able. The Secretary of Interior is at- same category; oil and gas exploration, great deal of verbiage about this issue, tempting to do by regulation what he same category; access to public land; but when the dust settles and the can’t do by legislation. What right does the administration talks about global smoke has blown away, you only have he have to overrule what the will of the warming and that gas is the answer— to ask yourself one question: Do we Congress is? He has no right to do that. where are you going to get the gas if want to start a massive, potentially He has tried very hard. I am not mak- they won’t allow exploration on public disruptive rulemaking effort before the ing this up. He said in 1994 when his lands; timbering, Forest Service lands, need for the effort has been estab- legislative efforts failed, and, of course, mining on western pub- lished? We will explore the full range of regulatory lic land. There you have it—short, simple and authority we now possess. Our amendment does not make a to the point. I urge my colleagues to Since that comment, with a venge- finding one way or the other regarding join me in a vote against Senator ance, the Secretary has gotten busy on S10340 CONGRESSIONAL RECORD — SENATE September 15, 1998 the regulatory side while making no saying what they want to do is have an AMENDMENTS TO 1872, MINING LAW attempt to work with Congress to re- independent, unbiased, competent body FEDERAL LAWS form the mining law bill. If we had had take a look at the present regulations 1. National Environmental Policy Act support from the Secretary’s office in to see if they are OK. We have assigned (NEPA), 42 U.S.C. 4341–4370a: Requires fed- the past 2 months, we may be here the National Academy of Sciences, one eral agencies to take interdisciplinary ap- today talking about mining law reform of the foremost scientific bodies in the proach to environmental decision-making; rather than hacking away at this Inte- world, to take a look at this. That and requires consideration of environmental impacts for all federal actions (environ- rior bill. doesn’t sound unreasonable to any rea- mental assessments/environmental impact The Governors, at their meeting in sonable person. statements). Medora, ND, in June of 1997, pointed This language is not an anti-environ- 2. Federal Land Policy and Management out in a resolution that the current mental rider that would somehow gut Act (FLPMA), 43 U.S.C. 1701–1784: Directs De- State programs, as far as they are con- existing regulations. We don’t touch partment of Interior to prevent undue and cerned, are working well, and attempts existing regulations. We are simply unnecessary degradation of federal lands. to duplicate them should be avoided. saying that it is within the purview 3. Clean Air Act (CAA), 42 U.S.C. 7401–7642: Requires EPA to designate criteria pollut- What we have here is, again, some- and jurisdiction of Congress because it thing we like to talk about, but not do ants and set ambient air quality standards; is something that we feel will add to a requires states to develop State Implementa- much about, and that is talk about good resolution of this issue. tion Plans (SIP) to achieve federal ambient States rights. States rights are very The Secretary has proceeded in a air quality standards; requires EPA to set important to our framework of govern- cavalier fashion for an outcome that new source performance standards for cat- ment. We have here a number of States would seriously jeopardize the State’s egories of air pollution sources; requires which are saying we are willing to role as coregulators with the Federal EPA to set emission standards for sources of work within the Federal concept and hazardous air pollutants; establishes addi- Government in mining. There is talk tional level of control to prevent significant all the laws that we pass in Washing- about the atrocities toward the envi- ton that affect mining, but let us regu- deterioration of air quality in certain areas ronment in mining. I come from a fam- and for certain sources; and allows EPA en- late from the State level. This amend- ily where my father was a hard rock forcement of state permits issued under ap- ment is attempting to take that away. miner. I have worked in the mines. I proved SIP. The Secretary of Interior has pro- went with my dad when I was a little 4. Federal Water Pollution Control Act ceeded undaunted with his rulemaking boy into the mines. I have to acknowl- (Clean Water Act, CWA), 33 U.S.C. 1251–1387: in spite of how the Governors feel. This edge that many years ago there were a Requires States to Set and Implement Sur- face Water Quality Standards; requires EPA led to language being included in last lot of environmental degradations as a year’s Interior bill that precluded the to Establish Effluent Limitations and Stand- result of mining. The tailings from the ards of Performance for Categories of Facili- Secretary from expending funds to re- mill just ran out wherever, and the write 309. As the chairman of the full ties Discharging to Surface Waters; estab- dumps were just not located in any spe- lishes the National Pollutant Discharge committee said a few minutes ago, cific place. Elimination System (NPDES) for Permitting showing absolute disrespect for Con- In short, the legacy that went on be- of Point Source Discharges to Surface Wa- gress, the Secretary, 3 days after the fore bears no resemblance to the cur- ters; requires States to Develop Management President signed the Interior bill—we Plans for Control of Non-Point Sources of rent practices in the mining industry, stuck language in the bill saying he Surface Water Pollution and to Submit nor the States’ ability to regulate min- had to confer with Governors—3 days Them to EPA for Approval; establishes Pro- ing. They do a good job now. In the after signing that bill, he sent a letter grams for protection of Surface Waters from past two, two and a half decades, tre- saying that they had conferred and Dredge and Fill Activities; and establishes a mendous work has been done. I am Program for Designation of Reportable complied with the requirement to con- really tired of hearing all the time that Quantities of Oil and Hazardous Substances sult with the Governors. Let’s be real- the 1872 mining law needs to be re- and Reporting of Releases to Navigable Wa- istic—within 3 days? This was, as vamped. It has been over 100 years and ters. chairman of the full committee said, 5. Safe Drinking Water Act (SDWA), 42 we have done nothing. That is a bunch an in-your-face remark to Congress U.S.C. 300f–300j–26: Requires EPA to Set of hogwash. from the Secretary of Interior’s office Standards for Quality of Drinking Water saying, ‘‘We don’t have to consult with (Mr. ASHCROFT assumed the Chair.) Supplied to the Public and Allows States to you.’’ Mr. REID. Mr. President, here are be Delegated Primary Enforcement Author- After numerous Governors, both indi- the pieces of legislation, the laws, that ity; and establishes a Program to Regulate Underground Injection Operations (Including vidually and collectively, pleaded with have been passed that now govern min- ing: Migratory Bird Treaty Act, Fish Sand Backfill of Underground Mines) and Al- the Department not to forge ahead on lows Delegation of Program to the States. rulemaking without bringing them in and Wildlife Coordination Act, Historic 6. Solid Waste Disposal Act (SWDA), 42 the process, he continued. Only after Buildings and Sites, Fish and Wildlife, U.S.C. 6901–6992k: Requires EPA to Establish months of letterwriting and National Environmental Policy Act, a Program for Regulating the Generation, handwringing did the Secretary send Clean Air Amendments, Federal Water Storage and Disposal of Hazardous Waste his task force out with a draft pro- Pollution Control, Endangered Species and Allows Delegation to the States; re- Act, Safe Drinking Water Act, Toxic quires EPA to Establish Guidelines for State posal. After the draft proposal was re- Management of Solid, Non-Hazardous Waste; ceived, the Governor said, ‘‘We have Substance Control Act, Resource Con- servation, National Forest Manage- and requires EPA to Establish a Program for seen it; we have looked at it. What are Regulating Underground Storage Tanks Con- you trying to do?’’ It doesn’t make any ment, Clean Air Act, Federal Mine taining Petroleum Products and Hazardous sense. The chairman of the full com- Safety and Health Act, Clean Water Substances and Allows Delegation to the mittee, the junior Senator from Alas- Act, Uranium Mill Tailings Radiation States. ka, held a hearing. At the hearing, the Act, Archaeological and Historical 7. Comprehensive Environmental Response, Governors testified, ‘‘Where is the dem- Preservation, Comprehensive Environ- Compensation and Liability Act (CERCLA, Superfund), 42 U.S.C. 9601–9675: Requires onstrated need to rewrite the 309 serv- mental Compensation Liability Act, Superfund, Clean Air Amendments of Owners/Operators to Report Releases of Haz- ice management regulations?’’ There ardous Substances to the Environment; re- was no response as to why it was nec- 1990. And there are more. quires Owners/Operators to Inventory Chemi- essary. The 1872 mining law has been affected cals Handled and Report to EPA and the Madam President, understand that numerous times by Federal laws that Public; establishes Owners/Operators Liabil- this isn’t something that we have we have passed back here. Mr. Presi- ity for Remedial Actions Necessitated by Re- dreamed up. This isn’t some anti-envi- dent, I ask unanimous consent to have leases of Hazardous Substance4s; and re- ronmental piece of the Interior bill. In printed in the RECORD a list of all the quires EPA to Establish System of Ranking fact, what this is, is a clear demonstra- different amendments to the 1872 min- Relative Hazards at Sites, Create a List of ing law. Sites Requiring Remediation and Develop tion that the mining industry, the Gov- Response and Remediation Plans for Such ernors from the States where mining is There being no objection, the mate- Sites. important, and the rest of the country rial was ordered to be printed in the 8. Toxic Substance Control Act (TSCA), 15 where mining is important, are simply RECORD, as follows: U.S.C. 2601–2671: Requires EPA to Establish September 15, 1998 CONGRESSIONAL RECORD — SENATE S10341 Regulations for Specific Chemicals in Com- 230, 232, 401, 421, 436, 471, 33 CFR 320–330: Es- ment; and establishes Authority to be Dele- merce Which Present an Unreasonable Risk tablishes Regulations for Prevention of Dis- gated Federal Program Under RCRA. to Health or the Environment. charge of Oil to Surface Waters; establishes 4. Nevada Solid Waste Disposal Law, 9. Endangered Species Act, 16 U.S.C. 1531– Effluent Limitations and a Permit System N.R.S. 444.440–459.600: Establishes Authority 1544: Requires Departments of Interior and for Point Source Discharges to Surface Wa- for Regulation of Solid Waste Management; Commerce to List species of Plants and Ani- ters (NPDES Program); establishes Require- and prohibits Discharge of Sewage Except as mals Which are Threatened with or in Dan- ments for State Surface Water Quality Authorized by Appropriate Governing Body. ger of Extinction; requires Department of In- Standard Setting; establishes Effluent Limi- 5. Nevada Reclamation Law, N.R.S terior to Develop Regulations for Protection tations Guidelines Materials in Surface Wa- 519A.010–519A.290: Establishes Authority for of Listed Species; and requires Consideration ters and Wetlands; establishes Requirements Reclamation Regulations Applicable on Pub- of Requirements of the Act in All Other Fed- for Reporting of Releases of Oil and Hazard- lic and Private Land; and requires Posting of eral Actions (Including Bureau of Land Man- ous Substances to Navigable Waters; estab- Financial Assurance to Complete Reclama- agement and Forest Service Approvals to Op- lishes Procedures for Analysis of Pollutants; tion. erate on Public Land). and establishes EPA and Army Corp of Engi- 6. Nevada Underground Storage Tank Laws, N.R.S. 459.800–459.856 and N.R.S. 10. Migratory Bird Treaty Act, 16 U.S.C. neers Requirements for Disposal of Dredge 590.700–590.920; Establishes Authority to be 703–715s: Prohibits the Killing of Nearly All and Fill. Delegated RCRA Program for Management Bird Species. 6. Safe Drinking Water Act Regulations, 40 of Underground Storage Tanks; and imposes 11. Rivers and Harbors Act, 33 U.S.C. 401– CFR 141–147: Establishes Primary and Sec- Fees on Owners/Operator of Petroleum Un- 467e: Prohibits Disposal of Refuse into Navi- ondary Drinking Water Quality Standards; gable Water. derground Storage Tanks. establishes Procedures for State/Federal Im- 7. Nevada Wildlife Protection Law, N.R.S. 12. Mining Law of 1872, 30 U.S.C. 22–48: Es- plementation of Drinking Water Standards; tablishes Procedures for Filing Mining 502.390: Establishes Authority for Regulation and establishes Requirements for Operation of Ponds Containing Chemicals by Nevada Claims on Public Lands. of Underground Injection Wells and Proce- 13. National Historic Preservation Act, 16 Department of Wildlife. dures for Delegation to the States. U.S.C. 470: Requires Consideration of Cul- 8. Nevada Water Resources Law, N.R.S. 7. Solid Waste Disposal Act Regulations, 40 tural Resource Preservation in Federal Ac- 533.010–533.540, 534.010–534.190 and 535.010– CFR 240, 241, 243–246, 255–257, 260–268, 280: Es- tions. 535.110: establishes Authority for Designa- tablishes Requirements for Management of 14. Law Authorizing Treasury’s Bureau of tion of Surface and Ground Water Rights; es- Hazardous Waste, Including Standards for Alcohol, Tobacco and Firearms to Regulate tablishes Authority and Procedures for Per- Generator, Storers, Transporters and Dispos- Sale, Transport and Storage of Explosives, 18 mitting Construction Of Dams and Impound- ers; establishes Requirements for Owners of U.S.C. 841–848: Requires Secretary of the ments; and establishes Authority to Regu- Underground Tanks Storing Petroleum Prod- Treasury to Establish Regulations for the late Drilling, Construction and Abandon- ucts and Hazardous Substances; and estab- Sale, Transport and Storage of Explosives. ment of Water Wells. 15. Federal Mine Safety and Health Act, 30 lishes Procedures for Delegation of Programs 9. Nevada Dredging Law, N.R.S. 503.425: Re- U.S.C. 801–962: Authorizes Mine Safety and to the States. quires Permit Prior to In-Stream Mining by Health Administration to Set Standards for 8. Superfund Regulations, 40 CFR 300, 302, Dredging. Protection of Worker Health and Safety at 310, 355, 370, 372: Establishes the National 10. Nevada Historic Preservation Laws, Mining Operations. Contingency Plan for Addressing Remedi- N.R.S. 381.001–381.445, 383.001–383.121 and ation of Releases of Hazardous Substances to 384.005–384.210: Establishes Requirements for FEDERAL REGULATIONS the Environment, Including the Hazard Mining Operations in State Historic Mining 1. Procedures for Implementing National Ranking System for Determining Which Districts; and establishes Requirements Re- Environmental Policy Act, 40 CFR 6: Estab- Sites Require Remediation and the National garding Disturbances to Native American lishes EPA Procedures for Complying with Priorities List of Such Sites; requires Re- Burial Grounds. NEPA; and establishes Requirements for porting of Releases of Hazardous Substances 11. Nevada Geothermal Resources Law, Contents of Environmental Impact State- to the Environment; and establishes Proce- N.R.S. 534A.010–534A.090: Establishes Author- ment. dures for Owners/Operators to Inventory ity to Regulate Geothermal Wells. 2. Bureau of Land Management (BLM) Sur- Chemicals Handled and Report to EPA and 12. Nevada Mineral Resources Law, N.R.S. face Management Regulations, 43 CFR 3802, the Public. 513.011–513.113: Establishes Authority for 3809: Establishes Requirements for Approval 9. Toxic Substances Control Act Regula- Regulation of Radioactive Materials. of Activities Including Exploration, Mining, tions, 40 CFR 761: Establishes Requirements 13. Nevada Radioactive Materials Law, Construction of Access Roads and Power for Use and Disposal of Asbestos and Poly- N.R.S. 459.001–459.600: Establishes Authority Lines on Public Lands Under BLM Jurisdic- chlorinated Biphenyls (PCBs). for Regulation of Radioactive Materials. tion; requires Environmental Assessment/ 10. Endangered Species Act List, 50 CFR 17, 14. Nevada Occupational Health and Safety Environmental Impact Statement to Address 222, 226, 227: Lists of all Threatened and En- Law, N.R.S. 618.005–618.720: Establishes Au- Existing Physical, Biological, Visual, Cul- dangered Species of Plants and Animals Sub- thority for Regulation of Boilers and Pres- tural and Socio-Economic Resources, Im- ject to Protection Under the Act; establishes sure Vessels. 15. Nevada Mine Inspection and Safety pacts on Proposed Activity on These Re- Special Rules for Protection of Some Listed Law, N.R.S. 512.002–512.270: Requires Opera- sources, and Mitigative Measures; requires Species; and lists Critical Habitat for Some tor to Provide Notice to State Mine Inspec- Activities to be Conducted to Prevent Un- Species. tor of Opening and Closing a Mine; requires necessary and Undue Degradation; and gen- 11. Historic Preservation Regulations, 36 Operator to Report Production, Mine Activ- erally Requires Plans of Operation and Rec- CFR 800: Establishes Procedures for Federal ity and Status, Accidents, Injuries, Loss of lamation and Financial Assurance for Rec- Actions Regarding Preservation of Cultural Life and Occupational Illnesses at Least An- lamation. Resources. nually; and requires Division of Mine Inspec- 3. Forest Service (FS) Regulations, 36 CFR 12. Explosives Regulation, 27 CFR 55: Es- tion to Annually Inspect All Mines for 228: Establishes Requirements for Approval tablishes requirements for sale, transport of Activities Including Exploration, Mining, Health and Safety Concerns. and storage of explosives. 16. Nevada Contractor’s Law, N.R.S. Construction of Access Roads and Power 13. Mine Health and Safety Standards, 30 624.010–624.360: Requires Contractor’s License Lines on Public Lands Under FS Jurisdic- CFR 56, 57: Establishes Standards for Open Prior to Facility Construction. tion; requires Environmental Assessment/ Pit and Underground Mines for Protection Of Environmental Impact Statement to Address Worker Health and Safety. STATE REGULATIONS Existing Physical, Biological, Cultural and 1. Nevada Air Quality Regulations, N.A.C. STATE LAWS Socio-Economic Resources, Impacts on Pro- 445.430–445.944: Sets Ambient Air Quality posed Activity on These Resources, and Miti- 1. Nevada Air Pollution Control Law, Standards for Criteria and Toxic Pollutants; gative Measures; requires Activities to be N.R.S. 445.401–445.710: Establishes Authority and contains Permitting Procedures for Conducted to Minimize Adverse Environ- for Implementing Federal Ambient Air Qual- Sources of Criteria and Toxic Pollutants. mental Impacts Where Feasible; and gen- ity Standards and other Clean Air Act Re- 2. Nevada Water Pollution Control Regula- erally Requires Plans of Operation and Rec- quirements; and creates State Environ- tions, N.A.C. 445.070–445.174: Establishes Per- lamation and Financial Assurance for Rec- mental Commission. mit Program for Point Source Discharges to lamation. 2. Nevada Water Pollution Control Law, Surface Water; and establishes Permit Pro- 4. Federal Air Quality Regulations, 40 CFR N.R.S. 445.131–445.354: Establishes Authority gram for Construction, Operation and Clo- 50–54, 56, 58, 60, 66: Establishes Ambient Air to Control Sources and Ground Water Pollu- sure of Mining Facilities (Not Yet Codified Quality Standards and Monitoring Proce- tion Including Point and Non-Point Sources in N.A.C.). dures for Criteria Pollutants; establishes and Underground Injection; requires Setting 3. Nevada Water Quality Standards, N.A.C. New Source Performance Standards and of Surface Water Quality Standards; and es- 445.117–445.1395: Establishes Beneficial Uses Point Source Monitoring Procedures; and es- tablishes Authority for Regulation of Public and Water Quality Standards for All Surface tablishes Criteria for Approval of State Im- Drinking Water Supplies. Water Bodies in the State. plementation Plans. 3. Nevada Hazardous Waste Disposal Law, 4. Nevada Drinking Water Regulations, 5. Federal Water Quality Regulations, 40 N.R.S. 459.400–459.600: Establishes Authority N.A.C. 445.244–445.262: Establishes Regula- CFR 110, 112, 114, 116, 117, 122, 123, 125, 130, 136, for Regulation of Hazardous Waste Manage- tions for Quality of Public Drinking Water S10342 CONGRESSIONAL RECORD — SENATE September 15, 1998 Supplies (Including Non-Community, Non- ations using cyanide do so in an environ- programs. The Bureau of Land Management Transient Systems Such as Newmont mentally sound manner. (BLM) and the State of Nevada have devel- Gold’s). All new ponds containing lethal concentra- oped a cooperative mine plan review process 5. Nevada Hazardous Waste Management tions of cyanide must be netted or detoxified which streamlines the approval process. Regulations, N.A.C. 444.8500–444.9335: Estab- to prevent wildlife deaths. BLM AND MINING OPERATORS ARE CONTINUALLY lishes Requirements For Management of Birds do not die as a result of cya- LOOKING FOR THE BEST WAY TO REVEGETATE Hazardous Waste, Including Standards for nide: AND RECLAIM MINED LANDS. Generators, Storers, Transporters and Dis- All operations using cyanide are inspected Revegetation test plots at Cominco Ameri- posers. can’s mine in Elko County, Nevada, help to 6. Nevada Solid Waste Disposal Regula- at least quarterly by BLM reclamation/com- pliance specialists. determine what combination of seed, fer- tions, N.A.C. 444.570–444.748: Establishes tilizer, mulch and topsoil create the best re- Standards for Management of Solid, Non- Gold or silver ore leached with cyanide must be rinsed to reduce levels to safe stand- vegetation results. BLM requires test plots Hazardous Waste. at many mines in Nevada to evaluate local 7. Nevada Underground Injection Control ards upon abandonment. Leach facilities are growing and rainfall conditions. These test Regulations, N.A.C. 445.422–445.4278: Estab- engineered to prevent any ground or surface plots enable mining operators and BLM to lishes Regulations for Underground Injection water contamination. determine the most successful revegetation Wells (Including Sand Backfill of Under- All exploration, mine and reclamation methods. ground Mines). plans must be reviewed under the provisions of the National Environmental Policy Act. You might be surprised to learn that Ne- 8. Nevada Sewage Disposal Regulations, vada produced over 60% of the Nation’s gold N.A.C. 444.750–444.840: Establishes Require- This brochure goes on to show the in 1990! ments for Disposal of Sewage. great things done with reclamation in COOPERATIVE EFFORTS ENHANCE RIPARIAN 9. Nevada Reclamation Regulations: Will mining. It shows the equipment that is Require Reclamation of Surface Disturb- AREAS. doing this. It is amazing what they Mining companies are working with the ances Due to Exploration and Mining on have done to reclaim the land to its Public and Private Lands; and will Require public to restore and revitalize public Posting of Financial Assurance to Complete former state. lands—those affected by old mining oper- Reclamation. There is a mine near my hometown ations and even lands not in mining areas. 10. Nevada Wildlife Protection Regulations of Searchlight, NV, that is desert. The Sonoma Creek stream bank stability N.A.C. 502.460–502.495: Requires Permits for When they pull out the Joshua trees, project near Winnemucca demonstrates how Ponds Containing Chemicals Toxic to Wild- yuccas, and all the others, they have a cooperation among the various users of pub- life; and requires Owner/Operators to Take nursery for those. And when that land lic lands can enhance riparian areas in Ne- Measures to Preclude Wildlife Mortality. vada. Mining industry, ranching and govern- is reclaimed, they have all those plants ment people all volunteered, with BLM, to 11. Nevada Geothermal Regulations, N.A.C. that they have taken out of the land 534A.010–534A.690: Establishes Requirements build gabions and stream structures to im- for Design and Operation of Geothermal and they put them back in. These prove the aquatic habitat of Sonoma Creek. Wells. aren’t a bunch of environmental ban- BLM, public land user groups and the min- 12. Nevada Mineral Resources Regulations, dits out there tearing up the land. ing industry plan more cooperative efforts in N.A.C. 513.010–513.390: Requires Mine Owners/ The Federal Government agrees. My the future. BLM invites the public to help Operators to Annually Report Their Produc- friend from Arkansas should read what identify and participate in these activities. tion. the Federal Government wants. I sug- CYANIDE MANAGEMENT 13. Nevada Radioactive Health Regula- gest that my friend, the Secretary of Cyanide is a toxic chemical which is used tions, N.A.C. 459.180–459–374: Requires Li- the Interior, read the publication put in most gold and silver mining operations. cense for Uses of Radioactive Materials (i.e. out by his own agency. I say that about BLM, again in cooperation with Nevada’s Densiometers). state agencies, such as the Nevada Depart- 14. Nevada Occupational Safety and Health the Secretary of the Interior. He hasn’t ment of Wildlife and Nevada Division of En- Regulations, N.A.C. 618.010–618.334: Requires been fair to mining. I respect the work vironmental Protection, require that mining Registration of Boilers and Pressure Vessels he has done as Secretary of the Inte- operations using cyanide, do so in an envi- Prior to Operation. rior in all areas except for mining, ronmentally sound manner. 15. Nevada Health and Safety Standards for where he hasn’t done a very good job. All new ponds containing lethal concentra- Open Pits and Underground Mines, N.A.C. He is opposed to mining. He makes big tions of cyanide must be netted or detoxified 512.010–512.178: Establishes Standards in Ad- shows when a land patent is issued and to prevent wildlife deaths. All operations dition to Federal Ones for Open Pit and Un- issues a big check saying it is not fair using cyanide are inspected at least quar- derground Mining Operations Regarding Pro- terly by BLM reclamation/compliance spe- tection of Worker Health and Safety. that we have to give this land to some cialists. Mr. REID. Mr. President, I ask the miner. Remember these mining compa- Gold or silver ore leached with cyanide Chair to advise the Senator when he nies pay an average of a quarter of a must be rinsed to reduce cyanide levels to has 5 minutes left of his 20 minutes. million dollars every time a patent is safe standards upon abandonment. Leach fa- issued. In short, the Secretary should cilities are engineered to prevent any ground There has been a lot of talk about or surface water contamination. how terrible things are in the mining read his own literature. The BLM and mining operations are continually All exploration, mine and reclamation industry. Yet, the Bureau of Land Man- plans must be reviewed under the provisions agement, a Government agency that I looking for the best way to revegetate of the National Environmental Policy Act. and reclaim mining lands. It shows pic- have great respect for, that is doing its EXCELLENCE IN MINING RECLAMATION tures of it. It shows final reclamation best, controls most of the Federal In 1990, Governor Bob Miller of Nevada at the Pinson Mine. lands in the State of Nevada. awarded three ‘‘Excellence in Mining Rec- The Bureau of Land Management has I ask unanimous consent that this lamation’’ awards to exploration and mining put out a brochure. This isn’t from the brochure be printed in the RECORD. operations in Nevada. There being no objection, the mate- State of Nevada, the State of Alaska, Pinson Mine, Borealis Mine and Independ- rial was ordered to be printed in the ence Mining Co. were recognized for out- or the State of Colorado. This is from RECORD, as follows: standing and unique practices and projects. the Federal Government. This applies Mr. REID. This brochure indicates to Nevada. It says on the front, ‘‘BLM, BUREAU OF LAND MANAGEMENT, Mining Reclamation, You’d Be Sur- NEVADA STATE OFFICE, also that mining companies, one of prised.’’ My friend from Arkansas Reno, NV. which is pictured here, have received talked at great length about how bad MINING RECLAMATION—YOU’D BE SURPRISED an award for excellence in mining rec- cyanide is. Let me read from this bro- You may not know that on public lands in lamation. Mr. President, the State of Nevada is chure that is now being put out to ev- Nevada: All mining and exploration projects totally different from the State of erybody who wants a copy in the State on public lands must be reclaimed. All new mining operations greater than Alaska. The State of Nevada is the of Nevada and the other Western five acres, on public and private lands in Ne- most mountainous State in the Union, States: vada, must submit a detailed mining and rec- except for Alaska. We have lots of Cyanide is a toxic chemical which is used lamation plan, must be bonded to ensure mountains, over 11,000 feet high—32 to in most gold and silver mining operations. compliance, and must protect the environ- BLM, again in cooperation with Nevada’s ment. be exact. Alaska has a lot of water. We State agencies, such as Nevada Department Under the State of Nevada’s new mining don’t have a lot of water. Mining regu- of Wildlife and Nevada Division of Environ- reclamation law, all operations must comply lations in the State of Alaska should mental Protection, require that mining oper- with numerous environmental protection be different than those in the State of September 15, 1998 CONGRESSIONAL RECORD — SENATE S10343 Nevada. The State of Alaska should on public lands to ‘‘prevent unnecessary or 7. The BLM time frame for regulatory re- have some control in setting the stand- undue degradation of the lands.’’ The BLM view is too short to provide sufficient review ards for mining reclamation, mining adopted rules in 1981—known as the 3809 and comment by stakeholders. bonding and other such things. The rules—controlling impacts of mining activi- C. GOVERNORS’ MANAGEMENT DIRECTIVE ties on the public lands. These rules contain 1. Direct staff to work with the WGA Mine State of Nevada should have different narrative reclamation standards, require op- standards because we live in a desert in Waste Task Force to participate in the ongo- erators to submit a plan of operations for ap- ing effort by the Bureau of Land Manage- Nevada. That is the point. proval including a reclamation plan, and re- Each State is subject to different ment to revise the 3809 regulations, empha- quire compliance with federal and state envi- sizing the states’ interest in avoiding dupli- water quality conditions, air-related ronmental, wildlife protection, cultural re- cation, needless regulatory burdens and in issues, issues that stem from local cli- sources and reclamation laws. preserving primacy of state regulation in the 5. The Secretary of Interior announced ear- mate conditions, disposal criteria, and environmental area. other issues that are distinct from lier this year his intention to revise the 3809 2. The Task Force should provide assist- rules, and appointed a BLM Task Force to ance and support to the BLM Task Force on State to State. That is something the explore changes that should be made to the Federal Government must recognize, the status and efficacy of state regulatory existing rules. The Secretary has directed programs, the status of memoranda of agree- and the agency does. The BLM recog- the Task Force to consider numerous nizes that because they have different ment with the BLM, and should make rec- changes to the 3809 rules, including the adop- ommendations for how current state pro- standards in each State. That is why tion of significant new environmental regu- grams may be improved where applicable. the present regulations are working latory requirements in the form of perform- 3. This resolution is to be transmitted to pretty well. ance standards. the President of the United States, the Vice- Also, Mr. President, understand this. 6. The BLM 3809 regulations do not exist in President, the Director of the Office of Man- We have asked the National Academy a regulatory vacuum. There exists today a agement and Budget, the Secretary of the large body of federal, state, and local envi- of Sciences to study this. We don’t tell Department of the Interior, the Secretary of ronmental laws and regulations that govern the Department of Agriculture, all appro- them what result to reach. We will ac- mineral exploration, development and rec- cept what they come up with. Why priate committees of jurisdiction in the lamation. This includes Federal laws dele- United States Senate and House of Rep- shouldn’t those who want these regula- gated to the states, such as the Clean Water resentatives, and the western states’ con- tions changed not accept it also? We Act and the Clean Air Act. The existing 3809 gressional delegation. are not asking for some predisposed rules are an important part of the regulation of mining on the public lands. venue. We are not asking for some STATE OF ARIZONA, 7. Western states also have comprehensive Phoenix, AZ, June 19, 1998. agency that is going to rule in a cer- state mining regulatory programs, enforced Hon. FRANK MURKOWSKI, tain way. We have asked the finest in coordination with federal land manage- Chairman, Energy & Natural Resources Com- science body in the world to look at ment agencies. These state programs set cri- mittee, U.S. Senate, Washington, DC. these regulations and find out if they teria for permitting exploration, develop- DEAR SENATOR MURKOWSKI: In January make sense. ment and reclamation of mining operations, 1996, Secretary Babbitt announced that it Mr. President, I will offer a number with provisions for financial assurance, pro- was the Department of the Interior’s (DOI) of exhibits here. One is a Western Gov- tection of surface and ground water, designa- intent to rewrite the 3809 surface manage- ernors’ Conference resolution that indi- tion of post-mining land use, and public no- ment regulations for hardrock mining. I cates there is no need for what the Sec- tice and review. have followed that process intently and with retary of the Interior is trying to do. B. GOVERNORS’ POLICY STATEMENT great concern that such a rewrite of current We have a series of letters from Gov- 1. The Western Governors believe that re- regulations might produce duplicatory, bur- ernors from all over the United States sponsible mining activity on the public lands densome and costly new regulations that talking about why the Secretary is is important and states have a vital interest would place a hardship on states that cur- in assuring that the environment is pro- rently regulate hardrock mining. wrong. tected and that mining sites are reclaimed Recently, one of my colleagues, Governor Mr. President, I ask unanimous con- for productive post-mining uses. Bob Miller of Nevada, testified at a hearing sent they be printed in the RECORD. 2. Effective regulation of hard rock mining in the Senate Energy and Natural Resources There being no objection, the mate- and reclamation operations should continue Committee in Washington, D.C. that there rial was ordered to be printed in the to utilize and build on existing state pro- had been no demonstrated need to proceed RECORD, as follows: grams, state and federal laws and coopera- with a rewrite of the 3809 surface manage- ment regulations. Further, that an independ- WESTERN GOVERNORS’ ASSOCIATION, tive agreements between state and federal Medora, ND, June 24, 1997. agencies. Because of the geographic and cli- ent reviewer, such as the National Academy matic diversity of the states and the loca- of Sciences, should evaluate the current fed- POLICY RESOLUTION 97–006 tion of many mines on a combination of pub- eral and state regulatory regime to deter- Sponsors: Governors Miller, Leavitt, and Sy- lic and adjacent private lands, the states are mine if there are deficiencies that need to be mington. the most appropriate and sensible level of addressed. Subject: Regulation of mining. environmental regulation for mining which I strongly support the approach set forth A. BACKGROUND occurs on the public lands. by my colleague, Governor Miller, and it is 1. Federal lands account for as much as 86 3. Revisions to 3809 regulations may not be my hope that Congress will take action to percent of the lands in certain western necessary. More consideration should be initiate such a study. Over the past two dec- states. Most of these lands are ‘‘public given to compliance with existing regula- ades, much has happened at both the state lands,’’ under the stewardship of the Bureau tions. States have filled and should continue and federal levels to provide for effective of Land Mangement (BLM). to fill any deficiencies identified in the stat- surface management of the hardrock mining 2. The western states have legal jurisdic- utory and regulatory framework and its en- industry. I believe that the states have an tion over the public lands, and have a strong forcement. Establishing burdensome or du- excellent cooperative working relationship interest in seeing that the environment is plicative new BLM regulatory requirements with the federal land managers and together protected on public and private lands within for mining is not in the best interest of are currently doing a good job regulating the state boundaries. While the BLM manages states or the nation. mining industry. public lands throughout the country, laws, 4. Any new BLM regulations must recog- I will continue to work diligently and at policies and management decisions for public nize the dramatic improvements since 1981 in every opportunity with all parties on this lands have the most direct impacts on the state and federal environmental regulation issue of great importance to my state. I ap- lives of the citizens of the western states of mining on public lands and must not du- preciate Congress’ continuing interest in where the greatest amount of public lands plicate or be inconsistent with those require- this matter. are located. ments. Sincerely, 3. Mining operations on public lands are an 5. The States have concurrent jurisdiction JANE DEE HULL, important part of the economy of the West. with the BLM over public lands and should Governor. They provide thousands of high-paying jobs therefore be included as partners in any ef- in predominately rural areas of the West and fort to amend the 3809 regulations. STATE OF UTAH, they provide important revenues to states. 6. The bonding requirements of the BLM, Salt Lake City, UT, July 8, 1998. The mining industry also continues to play as published in the Federal Register dated Hon. ORRIN HATCH, an important role in the nation’s economy February 28, 1997, should be revisited as part U.S. Senate, Washington, DC. and security. of the effort to amend the 3809 regulations DEAR ORRIN: In January 1996, Secretary 4. Under the Federal Land Policy and Man- due to the integral nature of bonding with Babbitt announced that it was the Depart- agement Act (FLPMA), the BLM has author- the entire regulatory and reclamation proc- ment of the Interior’s (DOI) intent to rewrite ity to regulate mining and other activities ess. the 3809 surface management regulations for S10344 CONGRESSIONAL RECORD — SENATE September 15, 1998

hardrock mining. I have followed that proc- OFFICE OF THE GOVERNOR, consider requesting DOI or another reviewer ess intently and with great concern that Boise, ID, June 24, 1998. to provide that foundation before the process such a rewrite of current regulations might Hon. SLADE GORTON, moves any further. produce redundant, burdensome and costly U.S. Senate, Washington, DC. Sincerely, new regulations that would place a hardship DEAR SENATOR GORTON: The Bureau of GARY E. JOHNSON, on states that currently regulate hardrock Land Management has proposed significant Governor. mining. revisions to its 3809 surface management reg- Mr. REID. Mr. President, we had tes- Recently, one of my colleagues, Governor ulations for hardrock mining. I have fol- Bob Miller of Nevada, testified at a hearing lowed this process closely and believe the timony taken at Chairman MURKOW- in the Senate Energy and Natural Resources proposed changes are redundant, burdensome SKI’s hearing in the Committee on En- Committee in Washington, D.C. that there and costly. These revisions, as currently ergy and Natural Resources of a num- had been no demonstrated need to proceed written, would place a hardship on our ef- ber of different people. I ask unani- with a rewrite of the 3809 surface manage- forts to regulate mining in Idaho. mous consent that it be printed in the ment regulations and that an independent Governor Bob Miller of Nevada has sug- RECORD, together with a letter from reviewer, such as the National Academy of gested that an independent reviewer, such as the Western Governors. Sciences, should evaluate the current federal the National Academy of Sciences, evaluate and state regulatory regime to determine if the current federal and state regulatory re- There being no objection, the mate- there are deficiencies that needed to be ad- gimes to determine if there are problems rial was ordered to be printed in the dressed. that need to be addressed. I support Gov- RECORD, as follows: I support the approach set forth by my col- ernor Miller’s suggestion and urge you to EXCERPT FROM A HEARING HELD BY THE COM- league, Governor Miller, and it is my hope support efforts to initiate and fund such a MITTEE ON ENERGY AND NATURAL RE- that Congress will take action to initiate study. SOURCES, SUBCOMMITTEE ON FORESTS AND such a study. Over the past two decades, Very truly yours, PUBLIC LAND MANAGEMENT, TUESDAY, much has happened at both the state and PHILIP E. BATT, APRIL 28, 1998 federal levels to provide for effective surface Governor. STATEMENT OF HON. BOB MILLER, GOVERNOR OF management of the hardrock mining indus- NEVADA try. I believe that the states have an excel- OFFICE OF THE GOVERNOR, GOVERNOR MILLER. Thank you very much, lent working relationship with the federal STATE CAPITOL, Mr. Chairman. In many respects, I can just land managers and together are currently Santa Fe, NM, July 2, 1998. say ‘‘ditto.’’ In any case, I do appreciate the doing a good job regulating the mining in- Hon. FRANK MURKOWSKI, opportunity to join Nevada’s two Senators, dustry. Chairman, Energy & Natural Resources Com- Harry Reid and Dick Bryan, to testify today I will continue to work diligently and at mittee, U.S. Senate, Washington, DC. every opportunity with all parties on this DEAR SENATOR MURKOWSKI: In January on this legislation. issue of great importance to our states. I ap- 1996, Secretary Babbitt announced that it This is not the first time I have spoken to preciate Congress’ continuing interest in was the Department of the Interior’s (DOI) this committee about the need to bring re- this matter. intent to rewrite the 3809 surface manage- form to the Nation’s mining law, a law that Sincerely, ment regulations for hard rock mining. I was enacted 125 years ago, in 1872. For exam- MICHAEL O. LEAVITT, have followed the process of regulatory de- ple, in 1993, I expressed my opposition to Governor. velopment, and am greatly concerned that Senate bill 257, the Mineral Exploration and this rewrite is an attempt by DOI to inter- Development Act. Since then, there have STATE OF WYOMING, fere with and override state regulatory pro- been several attempts to resolve the debates OFFICE OF THE GOVERNOR, grams that currently have jurisdiction over regarding the reform of the 1872 mining law. Cheyenne, WY, July 8, 1998. hard rock mines. While reform measures are never easy, I Hon. SLADE GORTON, New Mexico’s hard rock mining law is one appreciate this committee’s persistence in U.S. Senate, Chairman, Interior Appropriations of the best in the country, and has jurisdic- trying to find common ground. Subcommittee, Washington, DC. tion over mines on federal, state, and private I opposed S. 257 for the same reason that I DEAR SENATOR GORTON: In January 1996, lands. The draft regulations DOI has pro- oppose S. 326 and S. 327 today. These bills Secretary Babbitt announced that it was the posed are not more stringent than those of threaten the survival of one of Nevada’s Department of the Interior’s (DOI) intent to New Mexico, but they could create signifi- mainstay industries, an industry which is rewrite the 3809 surface management regula- cant problems for our program and our critical to the economic health of many tions for hard rock mining. I have followed mines by imposing conflicting requirements, rural communities. that process intently and with great concern and establishing an unnecessary process for It is well known that Nevada was founded that such a rewrite of current regulations oversight and program certification. on mining. What may not be as well known might produce redundant, burdensome, and Recently, one of my colleagues, Governor is that Nevada continues to be a world leader costly new regulations that would place a Bob Miller of Nevada testified at a hearing in gold production and produces the most sil- hardship on states that currently regulate in the Senate Energy and Natural Resources ver, magnesite, and barite in the Nation. Re- hard rock mining. Recently, one of my col- Committee in Washington, D.C. that there markably, Nevada has achieved these pro- leagues, Governor Bob Miller of Nevada, tes- had been no demonstrated need to proceed duction levels and is arguably the most envi- tified at a hearing in the Senate Energy and with a rewrite of the 3809 surface manage- ronmentally responsible mining region in Natural Resources Committee in Washing- ment regulations. He suggested further that the world. Yet, I do not advocate the status ton, D.C. that there had been no dem- an independent reviewer, such as the Na- quo. onstrated need to proceed with a rewrite of tional Academy of Sciences, should evaluate Congress and the States should continue to the 3809 surface management regulations and the current federal and state regulatory re- work with the industry and the environ- that an independent reviewer, such as the gime to determine if there are deficiencies mental community to minimize mining’s ef- National Academy of Sciences, should evalu- that need to be addressed. fects on the land and on other land users. ate the current and state regulatory regime Despite frequent requests from the con- All of us here today are concerned about to determine if there are deficiencies that cerned states, DOI has not provided any evi- mining reform, the industry, and the envi- need to be addressed. dence that the current 3809 regulatory struc- ronment. The questions of a fair patent law I strongly support the approach set forth ture is not working. Problems with 3809 are to the taxpayers, mining contribution to the by my colleague, Governor Miller. It is my largely anecdotal, and commonly related to Federal Treasury through a royalty and the hope that Congress will take action to initi- abandoned mines, which would not be ad- environmental responsibility of mining oper- ate such a study. Over the past two decades, dressed by the proposed rewrite. New Mexico ations are all legitimate concerns. much has happened at both the state and and other western states have filled in the We must weigh these concerns with the federal levels to provide for effective surface gaps they perceived in 3809 with state laws. knowledge that the mining industry is an management of the hard rock mining indus- New Mexico has an excellent working rela- important contributor to the Nation’s econ- try. I believe that the states have an excel- tionship with the federal land managers, and omy, and to my State’s economy in particu- lent working relationship with the federal together we are doing a good job regulating lar. land managers and together are currently the mining industry. The evidence is before Nevada’s mining renaissance has created doing a good job of regulation of the mining us daily. It appears most appropriate that approximately 13,000 jobs directly related to industry. DOI should assemble this evidence, present it mining, with an additional 45,000 jobs indi- I will continue to work diligently and at to your committee and allow our elected rep- rectly related to the industry. These are every opportunity with all parties on this resentatives to decide what is best for the high paying jobs that average close to $50,000 issue of great importance to our states. I ap- states they represent. per year. preciate Congress’ continuing interest in This process of regulatory development Rural communities, such as Austin, Carlin, this matter. cries out for a concrete foundation to justify Elko, and Winnemucca, are all dependent on Best regards, the time and expense that all parties are a vibrant mining industry. As all of you JIM GERINGER, committing to it. I appreciate your continu- wrestle with these issues, I would hope that Governor. ing interest in this matter, and hope you will you would keep in mind those communities September 15, 1998 CONGRESSIONAL RECORD — SENATE S10345 and those families who built a future around by mining. My State has also developed com- be in addition to other royalties, such as pro- a moderate, environmentally sensitive min- prehensive regulations governing water qual- posed in S. 327, thereby creating an even ing industry. ity standards of mining operations. These re- greater burden on miners. The appropriate I believe that S. 1102, the Mining Law Re- quirements are working well because they vehicle to fund abandoned mine clean-up is form Act of 1997, shows significant progress were crafted with a great deal of cooperative found also in S. 1102. toward resolving the debates about mining effort by the environmental community, the The patenting is an essential means to in- law. While minimal change could be made to mining industry, and State and Federal reg- sure the production of minerals. Patenting the bill, it is time to reach finality. ulators. mitigates the risk of losing the substantial For too long, the mining industry has op- Instead of proposing changes without suffi- financial investments taken by mining oper- erated with uncertainty about the future of cient justification, Interior should work with ations during the often long permitting peri- mining law. The industry must account for the States, the industry, and the environ- ods. many variables that have profound effects on mental community to pinpoint the possible While S. 327 would abolish this necessary our communities. The price of gold, for in- needed modifications regarding reclamation. security process, S. 1102 would change the stance, is testament to the vulnerability of Or perhaps Congress could help us with patent prices to reflect the value of today’s this industry in an ever changing global this impasse by requesting an independent public land. It would wisely halt the $2.50 to market. evaluation of the 3809 regulations by a third $5 per acre fee and sell the patent for the sur- Since July of 1997, the U.S. has lost 2,200 party, such as the National Academy of face land’s fair market value, which I think operational jobs from the mining industry as Sciences. you addressed also. a result of the drop of the price of gold. Over I believe that this type of study would de- Reclaiming Nevada’s abandoned mines is a the past 4 months, approximately 680 jobs termine that Nevada’s reclamation law could tall task, one which the State has aggres- have been lost in Nevada. serve as the model for the rest of the States. sively worked to address. With funding To illustrate the point, the market value On two separate occasions, the United through modest assessments on the industry of gold is hovering at around $300 per ounce. States Environmental Protection Agency which have been supported by the industry, In comparison, production costs per ounce of has praised Nevada for its hardrock mining Nevada has been able to secure over 4,000 gold average at best in Nevada between $260 regulatory program, declaring that, ‘‘Ne- abandoned mine sites. Yet there are thou- to $280 per ounce. Many mines throughout vada’s regulations are considered to be sands more sites that need attention to pre- the Nation operate at well over $300 per among the best, the most comprehensive, vent risk to public health. S. 1102 establishes an acceptable funding ounce. It is imperative that we minimize the and several gold mining States now have or mechanism to continue this effort and to se- variables and eliminate the uncertainty are developing similar requirements.’’ cure dangerous sites. about mining reform. The preferable solution to the 3809 debate Senator Craig has addressed the major While I am familiar with the contents of is the passage, in my opinion, of S. 1102. The issues pertaining to mining law reform in a each of these bills, I will confine my com- sponsors of this bill wisely propose a com- way that is good for the public, the environ- ments to some of the broader aspects of each prehensive approach to mining reform which ment, and the industry, and I compliment as they relate to the reform of mining law. offers reasonable answers to all of the major him and all of the other sponsors for their There are mining law experts here today, issues, including permitting and surface work in support of reasonable mining re- obviously, who can go into much greater management, royalties, patents, and aban- form. depth. doned mines. As this committee and the Senate further First, I would like to make some brief re- On the other hand, S. 326 and the Aban- address this issue, I hope that you keep in marks about the Department of Interior ini- doned Hardrock Mines Reclamation Act and mind, as I said previously, the communities tiative to amend its reclamation regula- S. 327, the Hardrock Mining Royalty Act are that rely on mining. This industry has built tions, termed the 3809 regulations, which I piecemeal remedies that resemble previously towns and communities throughout the West am sure the Secretary will address in a few proposed legislation which Nevada and this which need to be kept at the forefront of the moments. committee have consistently found unac- thought process as you proceed with this Since the beginning of this initiative, I ceptable. issue. have questioned the legitimacy of, in es- The mine permitting and surface manage- Thank you very much for the opportunity sence, changing mining law through an ad- ment provisions within S. 1102 will conform to appear, Mr. Chairman. ministrative process. I not only have had to those activities already being conducted questions about the motivations, but, more- by our State regulators, as well as the U.S. WESTERN GOVERNORS’ ASSOCIATION, over, I have had concerns about the process Bureau of Land Management. S. 1102 defers Denver, CO, September 15, 1997. by which the Department of Interior is to existing State reclamations and bonding Hon. HARRY REID, amending these regulations. But after re- requirements where they meet the inten- Senator, Washington, DC. peated complaints about the process through tions of the Federal act. And the bill ref- DEAR SENATOR REID: We, the undersigned, the Western Governor’s Association, where erences the other State and Federal acts al- thank you for your efforts and support to in- we have a nearly unanimous vote on this ready used to regulate mining activities with clude states with hard rock mining on public issue, the issue of process has been dealt respect to the environment. lands as co-regulators in the Bureau of Land with. One of the most widespread criticisms of Management’s current 3809 rulemaking proc- However, I continue to have substantive the 1872 mining law is its lack of royalty. S. ess. We commend you for highlighting that concerns with regard to the direction in 1102 details a methodology to collect a 5 per- states have legal jurisdiction, concurrent which the proposed amendments are going. cent net royalty proceeds that is fair to the with the Secretary of the Interior’s jurisdic- In short, Interior is moving the responsibil- public and the industry. This royalty, as you tion, to regulate activities on the public ity for environmental oversight of mining stated, Mr. Chairman, closely resembles the lands. operations in my State and other States to State of Nevada’s net proceeds system, As you know, the states impose strict con- here in Washington, D.C. which has proven to be highly effective. trols on mining activities on both public and This attempt at seizure of control by Inte- Nevada’s system generates millions of dol- private lands within their borders. Our rior is particularly perplexing in view of the lars annually, approximately $29 million dur- states work closely with federal land man- fact that many States, especially Nevada, ing Fiscal Year 1997 alone. The administra- agement agencies—often through coopera- have moved aggressively to address the envi- tive cost of our program is about $200,000 an- tive agreements—to ensure that mining ac- ronmental concerns of mining operations. nually, or 1⁄2 of 1 percent of the revenue. tivities are comprehensively regulated to To date, there has been no real justifica- S. 327’s 5 percent net smelter royalty re- control environmental impacts. These fed- tion offered by the department regarding the turn would cripple the production of min- eral-state partnerships should be preserved need to make changes other than—and I erals by taxing anywhere from estimates of not disrupted by new federal regulations quote a memo of January 6, 1997—directing 92 percent to 98 percent of a mine’s gross in- adopted without the appropriate justifica- the department to begin the process of draft- come. In addition to the serious, immediate tion or state input. ing such regulations. It states: ‘‘It is plainly negative impact, the long-term effects are Representatives of the Bureau of Land no longer in the public interest to wait for significant because the growth of the indus- Management and the Department of Interior Congress to enact legislation that corrects try would likely halt or be limited due to the did consult with western state mining regu- the remaining shortcomings of the 3809 regu- high royalty level. latory staff prior to the formal scoping meet- lations. Instead, the time has come to re- Congress should focus on placing royalty ings for developing an Environmental Im- sume the process of modernizing the 3809 reg- on the value of Federal mines after costs as- pact Statement for the proposed rulemaking. ulations first promised at the end of the sociated with finding and producing those However, it became clear during that meet- Carter Administration and begun at the end minerals are subtracted. Such royalty would ing that BLM’s rulemaking was undertaken of the Reagan Administration. To that end, be on the value of the mineral in the ground, not because of identified problems on-the- I direct you to restart this rulemaking proc- before any additional value was added. ground but because there was direction to do ess by preparing and publishing proposed A royalty has to be found that does not so from the Department of Interior. It ap- regulations.’’ close mines and stop new development. I be- pears that direction essentially is framing During my tenure as Governor, I have lieve that S. 1102 passes that test. the rulemaking rather than a conclusive overseen the adoption of Nevada’s State law While S. 326 has no royalty provisions, it study such as that called for in your amend- requiring reclamation of all lands disturbed would charge a reclamation fee which would ment. Attached for your information is a S10346 CONGRESSIONAL RECORD — SENATE September 15, 1998 copy of state comments to the Department I say to everyone within the sound of nomic base in the northeastern part of summarizing the issues raised at that meet- my voice mining affects more than the our State, which is a mining industry. ing and a copy of a resolution western gov- people that go down in the Earth or I rise in opposition to the amend- ernors adopted on the subject in June. ment offered by my friend and col- We want to bring to your attention the into the open pits. It affects more than fact that the Unfunded Mandates Act of 1995 them because we have industries all league from Arkansas that would pre- exempted from FACA consultations between over America that rely on mining. vent the National Academy of Sciences state and federal governments that involve These huge trucks that haul the ore from studying Federal and State envi- their intergovernmental responsibilities and out of the open pit operations cost over ronmental regulations applicable to administration. We support that exemption. $2 million. To replace the tires on one hard rock mining on Federal lands. Your amendment’s creation of a unique advi- of those trucks costs over $25,000 each. As many of my colleagues from the sory committee for the purpose of a joint Underground operations are very ex- West are aware, the Interior Depart- study, however, does not appear to under- ment is proposing major revisions of mine the exemption created by the Act. pensive. That equipment comes from In closing, we support your amendment be- other parts of the United States other the regulations that govern hard rock cause it recognizes our concerns about the than the western part of the United mining on public lands known as 3809 states’ role as co-regulator and it stresses States. regulations. The regulations were the need to avoid regulatory duplication. We This industry is important to the originally promulgated in 1980 and re- will make our staff available to the Depart- economic viability of this country. quire miners to submit plans for oper- ment of the Interior as well as committees of ations for approval by the BLM. The Congress to ensure that we work together to There is no one in this body, the De- partment of the Interior, or the mining existing regulations require mine oper- protect the environment in a coordinated, ators to comply with all Federal and cost-effective manner. industry that can predict the outcome Thank you, again, for the interest you of the review conducted by the Na- State environmental laws and regula- have shown in the states’ role in environ- tional Academy of Sciences. I can al- tions, require that lands disturbed by mental management and regulation. most assure you the results will be mining be reclaimed, and require that Sincrely, fair. That is all we are asking. bonds be posted to assure that reclama- BOB MILLER, But let me say that I think we should tion is complete. Governor, State of Ne- The State of Nevada has one of the approach this on a nonemotional basis. vada. toughest—if not the toughest—State When the study is completed, we will PHIL BATT, reclamation programs in America. Ne- Governor, State of go forward as indicated in the language vada mining companies are subject to a Idaho. that is in this bill with whatever they myriad of Federal and State environ- GARY JOHNSON, recommend. Governor, State of Mr. President, it is important that mental laws and regulations, including New Mexico. this amendment fail. It is not good leg- the Clean Water Act, the Clean Air JANE DEE HULL, Act, and the Endangered Species Act, Governor, State of Ari- islation. It is something we have de- bated time and time again—just in a among many others. zona. Mining companies must secure lit- different setting. MIKE LEAVITT, erally dozens of environmental permits I ask my colleagues to join in doing Governor, State of prior to commencing mining activities, Utah. what is right for an industry that is including a reclamation permit, which MARC RACICOT, very important to the economic viabil- must be obtained before a mineral ex- Governor, State of ity of this country. ploration project or mining operation Montana. Mr. MURKOWSKI. Mr. President, can be conducted. ED SCHAFER, might I ask what time remains on ei- Governor, State of Companies must also file a surety or North Dakota. ther side? Senator BUMPERS is control- a bond with the State and the Federal JIM GERINGER, ling the amendment. land manager in an amount to ensure Governor, State of Wy- The PRESIDING OFFICER. Each the reclamation of the entire site prior 1 oming. side has approximately 38 ⁄2 minutes re- to receiving a reclamation permit. Mr. REID. Mr. President, what we maining. Let me just say parenthetically that have to realize here is that this is an Mr. MURKOWSKI. I thank my col- both as Governor and Senator I have effort to be fair. The language in the league, the Senator from Nevada. I been to these mining locations for bill calls for a study by the National yield time to Senator BRYAN. many, many years. Mining today is Academy of Sciences. I repeat. We have Mr. BRYAN. Mr. President, I thank much different than mining was even a not asked them to find in any certain the chairman. generation ago, and much, much dif- way. Whatever they come up with is Mr. President, I rise in opposition to ferent than it was a century ago. what we will go along with. the BUMPERS amendment. Some of the well-advertised misdeeds I think that we owe the American This past summer, as I have each of mines in the past have to be freely people an honest debate about the cur- summer since being a Member of the acknowledged as something that is a rent regulations for hard rock mining Senate, I spent most of my time in source of major concern in terms of its and all the disasters that have gone on what we in Nevada refer to as ‘‘cow environmental impact. I think it is an in the past. There are a number of county’’ in rural Nevada. Most of that embarrassment to the modern-day Superfund sites. That is one reason time I spent in places that are not mine manager whose philosophy and Superfund was passed—because of envi- widely known outside of Nevada. I was approach is much different and who is ronmental degradation that had taken in Wells, Wendover, Elko, Battle Moun- sensitive to the concerns as to the en- place in the years gone by. Mining was tain, Winnemucca, Lovelock, Ely vironmental impact. That represents part of that. We are not part of that —some of the smaller communities in the new Nevada and the mining oper- anymore. I think that is good. our State, but communities that are ations that exist in my State with We owe the American people an hon- very dependent upon mining as the which I have firsthand familiarity. est debate about the current regula- principal base of their economy. A number of the Western Governors, tions of hard rock mining. We owe In the northeastern part of our State, including our own Governor of Nevada, them the opportunity to know about as a result of the situation that relates Governor Bob Miller, have expressed mining, and for the first time the truth to the international pricing of gold at genuine concern about the 3809 rule- about the environmental practices em- or near record levels over the last 20 making—that it will unnecessarily du- ployed by modern-day mining—not years, these communities are hurt. plicate existing Federal and State reg- what went on 30 years, 40 years, 50 These are good-paying jobs of $46,000 or ulatory programs. Governor Miller, in years, or 100 years ago. We owe the tens $47,000 a year with the full range of his testimony before the Senate En- of thousands of Americans who make a health benefits. They are premier jobs. ergy and Natural Resources Committee living at mining—or some occupation These communities are hurting. Sales earlier this year, suggested that Con- that relies on mining—to know that tax collections are down. gress call for an independent evalua- certainly their jobs will be there when So this is a major concern about tion of the need to revive the 3809 regu- they show up in the morning. what is happening to the principal eco- lations, and made the suggestion that September 15, 1998 CONGRESSIONAL RECORD — SENATE S10347 the National Academy of Sciences portant that we allow the National ment announcing the formal transfer of the would be an appropriate organization Academy of Sciences to assess the need New World Mine site to the United States to conduct a sufficient study. I concur. for the Interior Department’s proposed Forest Service. Thus ended, officially and The academy has a preeminent reputa- regulations, and for that reason I urge happily, a four-year struggle to prevent a Ca- my colleagues to defeat the Bumpers nadian mining company and its American tion for fairness and balance. This is subsidiary from building an environmentally not a committee that is associated amendment. treacherous gold mine near the border of with the mining industry, nor con- I yield the floor. Yellowstone National Park. But the forces trolled directly or indirectly by them. Mr. MURKOWSKI addressed the that defeated the mine, including the Clin- I am pleased that the Appropriations Chair. ton Administration, have one more task Committee saw fit to follow the sug- The PRESIDING OFFICER. The Sen- ahead of them. That is to overhaul the 1872 gestion of Governor Miller, because I ator from Alaska is recognized. Mining Law, the antiquated Federal statute must express that I, too, have serious Mr. MURKOWSKI. How much time that made it so easy for the company to ac- questions concerning the need for the remains on this side? quire the mine site in the first place. The PRESIDING OFFICER. The Sen- Signed by Ulysses S. Grant to encourage Interior Department’s proposed regula- ator from Alaska controls 30 minutes Western development, the law gives mining tions and revisions. The current 3809 20 seconds. companies virtually automatic access to regulations require compliance with all Mr. MURKOWSKI. I thank the Chair. Federal land and allows them to take title to existing Federal and State environ- And remaining on the other side is? that land for a few dollars an acre—a process mental standards and requirements, in- The PRESIDING OFFICER. Thirty- know as patenting. The law does not provide cluding the Clean Water Act, the State eight minutes 35 seconds. for ‘‘suitability’’ review to determine wheth- water quality standards in particular. Mr. MURKOWSKI. I thank the Chair. er the mining operation could cause unac- ceptable environmental damage. It also al- The Interior Department proposes to I will accommodate the Senator from add a new layer of requirements on top lows companies that mine hard-rock min- Arkansas if he desires to speak at this erals like gold and platinum to escape any of existing laws for both surface and time. royalties similar to those paid by companies ground water which extends beyond the Mr. BUMPERS addressed the Chair. that extract oil and coal from Federal lands. agency’s regulatory reach—far beyond The PRESIDING OFFICER. The Sen- Finally, the law does not require companies management and protection of Federal ator from Arkansas is recognized. to clean up abandoned sites. According to lands. These proposed rules, if adopted, Mr. BUMPERS. My good friend and the Mineral Policy Center, an environmental would result in inconsistent or duplica- colleague from Alaska, Senator MUR- group, a century of unregulated mining has tive water quality standards or tech- KOWSKI, mentioned the fact that I come left behind 557,000 abandoned mines, 50 bil- nology requirements because BLM can from a State where poultry is a big in- lion tons of waste and 10,000 miles of dead streams. no longer accept State or EPA deter- dustry, which, indeed, it is. And they have been taking a lot of hits lately. Powerful Western senators have always minations as compliance with the 3809 managed to block reform. Nevertheless, Sen- regulations. I must say it is somewhat Tyson Foods, which is by far the big- ator Dale Bumpers, long a champion of re- ironic that the duplication of existing gest poultry company in the United form, plans to use his final months in office Federal and State water quality pro- States, has been fined by the State of before he retires to push for something grams resulting from this proposal Maryland, been made to change their meaningful on the books. The Arkansas will, in my judgment, impose substan- operations. The Secretary of Agri- Democrat has offered three related bills that tial additional costs on the Bureau of culture announced last week that we would end the patenting system, impose a royalty on the minerals the mining compa- Land Management without any cor- need a totally new set of regulations dealing with animal waste, including nies extract and use that money to begin responding environmental benefits. cleaning up old mine sites. The proposed regulations allow poultry. They are subject to all kinds of regulations. I have been here for 24 The proposed environmental safeguards States to continue the common prac- could be stronger. There is, for example, no tice of joint administration of mine years now, and I defy any Senator to suitability provision that would allow the regulation—and this is significant—but tell me one time I ever objected to a Government to insulate certain lands from impose unrealistic demands for Federal regulation that dealt with the environ- any mining at all. This is a serious flaw, but approval of State programs. The Inte- ment where the poultry industry was years of legislative futility have persuaded rior regulations will effectively fed- involved. I wonder if the Senator from Mr. Bumpers that to insist on such safe- Alaska would tell us how he would feel guards would doom even the modest reforms eralize reclamation laws in all of the if I came in here knowing that the he has proposed. He also believes that ending Western States even on non-Federal poultry industry was creating an envi- the patenting system—which effectively al- land because the States must amend ronmental disaster and said, well, I lows mining companies to privatize public their laws and regulations to comply want 27 more months to study it—if lands—would make a big difference because with the Federal model in order to it would expose the companies to Federal en- last year I came here with a proposal enter into an agreement for joint ad- vironmental regulations they can now safely saying you can’t do anything to the ministration. Interior has proposed ignore. poultry industry until every Governor this requirement without any showing Mr. Bumpers concedes that those regula- in the country or every Governor tions need to be made stronger, a task that that existing State reclamation laws whose State has poultry signs off on it, Bruce Babbitt, the Secretary of the Interior, and programs are inadequate. and, once you get that in place, say, has pledged to undertake. The ever-resource- And finally, the proposed regulations well, all the Governors have to be con- ful Western Republicans have also antici- include numerous additional proce- sulted, and you get that in place, and pated that threat, saddling this year’s Inte- dural and substantive requirements rior appropriations bill with a rider blocking then I come back and say, no, we need that will encourage delay in mine per- Mr. Babbitt from issuing stronger rules for 27 more months to study it. mitting and appeals and litigation over at least two years—at which point they hope I don’t know how people would react to have a less conservation-minded secretary permitting decisions. It is clear that to that. I expect rather severely. But I the Secretary of Interior is attempting running Interior. That is one more reason for will tell you one of the differences. President Clinton to veto that bill, which is to rewrite the mining law through the Very few States have hard rock mining loaded with other destructive riders. Mean- regulatory process. I share the Sec- on Federal lands. while, the Senate should approve the Bump- retary’s desire to update the mining Incidentally, I might just at this ers proposal, which, despite its flaws, rep- law, and I would say for the record that point say, Mr. President, there was an resents real progress. Its passage would give Nevada’s mining industry is in the editorial a couple weeks ago in the New the victory at Yellowstone lasting reso- forefront of recognizing that the min- York Times entitled ‘‘Time for Mining nance. ing law of 1872 needs to be updated. But Law Reform.’’ I ask unanimous consent Mr. BUMPERS. This says exactly that is a job for Congress, not to have that printed in the RECORD. what I have been saying, and that is, unelected bureaucrats. I am hopeful There being no objection, the edi- the President ought to veto the Inte- that the discussions that have been oc- torial is ordered to be printed in the rior Appropriations bill if my amend- curring between my colleague, Senator RECORD, as follows: ment is defeated. And I personally BUMPERS, and the mining industry will TIME FOR MINING LAW REFORM think he will. lead to an agreement on mining law. In With very little fanfare, the White House With all these disasters which I have the interim, however, I think it is im- recently released a three-paragraph state- addressed, all we have had is one delay S10348 CONGRESSIONAL RECORD — SENATE September 15, 1998 after another. In 1993 they said, ‘‘Well, with regard to mining on Federal land. ever. Not next week, not next year— we are working on a mining bill,’’ and Every State would determine what the forever. We say, ‘‘Well, God certainly in 1994 the same people who said we are environmental regulations would be, didn’t mean to stop putting cyanide working on a mining bill and we should because the Federal regulations pro- poison into our underground aquifers not deal with these regulations did ev- mulgated by the Secretary of Interior and our streams and rivers, because erything they could to stall until 2 could be no stronger than the State there are jobs involved in this. God weeks before we were to go home to regulations of a particular State where didn’t intend that.’’ No—that is how make sure there was no mining bill. a mine was located. specious the arguments are that I have And then last year they said, ‘‘We How foolish can you get? And, when been listening to this morning. So you want all the Governors to have a say in it came to the royalty, they would only get one chance to preserve the this. Don’t put a regulation into effect grandfather every mining company planet. that prohibits the leakage of cyanide holding a valid claim. There are 300,000 You can buy these arguments about, from a gold mining site unless all the claims in this country. If you grand- well, what is wrong with the National Governors have signed off on it.’’ They father everybody who has a valid Academy of Sciences studying the backed off that and they said, ‘‘Well, claim, you would not collect enough rules for mining? Nothing, except they they have to be consulted.’’ We said, royalties in the next 30 years to buy a have already studied it. Everybody ‘‘Fine, they ought to be consulted.’’ So ham sandwich. There is nobody to pay studied it. There are GAO reports ga- they were consulted. And the president it. After all, people have been buying lore. If the National Academy of of the Western Governors’ Association Federal lands for $2.50 an acre for the Sciences is so important to us, why told the Senate Energy Committee last 130 years. You cannot charge them was it not mentioned last year, and the that ‘‘We have been consulted.’’ So a royalty because they own the land. year before and the year before that? It what do they do then? They come back We sold it to them for the princely sum is a nicely crafted idea, because at the and say, ‘‘Well, now we want the Na- of $2.50. So when you take all of them fundraisers, if anybody raises the ques- tional Academy of Sciences to study and everybody else who turns up with a tion, you can say, ‘‘What is the prob- the regulations’’—anything under valid claim, there is nobody left to pay lem with the National Academy of God’s sun to keep from dealing with an a royalty. Sciences—it is a very prestigious orga- unmitigated disaster. Mr. President, let me make a philo- nization—studying the rules on how we Why are the people of America indif- sophical point. I am an unabashed, are going to mine?’’ ferent? They don’t even know about it. card-carrying, hardened environ- It would not take 27 months. Mr. There is no hard rock mining in my mentalist. In 1970, when I ran for Gov- President, 27 months is carefully cal- State. I am not running for reelection, ernor in my State the first time, the culated to take us past the Presi- but if I were running for reelection I environment was just then becoming dential election of the year 2000. Mr. President, I ask unanimous con- wouldn’t get any votes in my State out an issue in this Nation, albeit a fairly sent the Senator from Wisconsin, Mr. of this issue. As Gilda Radner used to low key one. But it made a lot of sense FEINGOLD, and the Senator from Lou- say—‘‘if its not one thing, its another.’’ to me, based on what I had read, and so isiana, Ms. LANDRIEU, be added as co- And the Senator from Alaska alluded I began to talk about the environment. to the fact that I had, indeed, been sponsors. I began to talk about Arkansas’ mag- The PRESIDING OFFICER. Without working with the National Mining As- nificent rivers and streams and how objection, it is so ordered. sociation trying to craft something to they were being polluted. I began to Mr. BUMPERS. Mr. President, Bill reform the 1872 law that Ulysses Grant think. Clinton, my friend from my home passed and has been such an unmiti- In 1966, I went fishing on the Buffalo State of Arkansas, has been taking a gated disaster for this Nation. Think River, the most beautiful river in lot of trashing lately, a lot of it richly about a law still on the books that America. It was so magnificent. I had deserved. I am not here to defend the Ulysses Grant signed to encourage peo- no idea that my own State had such a President. But I will tell you one thing. ple to go West. Is that a legitimate rea- treasure. Two nights we camped out on You can say a lot of things about him son for allowing this 126-year-old bill a sandbar. We ate and we drank and we but you cannot say he is not an envi- to stay on the books—encourage people created a lot of garbage, and the tour ronmental President. I will tell you to go West? That is what we are deal- guide took all the garbage that we cre- what I think he will do. I think he will ing with. ated and put it in a plastic bag, waded follow the advice of DALE BUMPERS and And the Senator from Alaska said he out as far as he could into the river, the New York Times and veto this bill and Senator CRAIG had a bill, and I and tossed it. And nobody thought a if this amendment is defeated. I can asked them not to bring it up. That is thing in the world about it. Finally, tell you I don’t care how weak he is, I true. I did that because I thought we after a little bit of that, somebody don’t care how disturbed he is about all were going to make a deal. The Chair- began to raise the question about the of this, I don’t care how disturbed the man of the National Mining Associa- Buffalo River being polluted. American people are, I promise you tion—who is a very fine, honorable To shorten the story, we made it a there is one thing about him that he man, in my opinion, a man of immense national scenic river. It is a pristine, will not yield on and that is the envi- integrity—and I worked extremely well clean river. People come from all over ronment; and for the very same reason together. We were honest with each the world just to camp out on the nobody in the U.S. Senate ought to other, and our staffs developed a draft banks of the Buffalo or to fish the Buf- yield on it. proposal. Unfortunately, that was be- falo. It was not even popular with the I know it is painful. I know compa- fore we ran it by the Western Senators. local people when we made the Buffalo nies are put upon because of the envi- Two Western Senators said we can’t do River a national treasure, and today ronment. But, when you think about this. And the Senator from Alaska said there is not anybody up there who what has happened to the environment the reason they didn’t bring up the bill would go back to the old ways. So, yes, over the past 300 years of history in he and Senator CRAIG crafted was be- you are being addressed by a card-car- this country, it is time we implement cause he thought we had a deal. I rying environmentalist. strong measures. thought I had a deal, too. Do you know the other reason? I have Did you know that the rules right The bill they wanted to bring up, the three children and six grandchildren. now say that you cannot even regulate bill they crafted and they said it was We talk about how much we love them, a mine of 5 acres or less, you can go too late to bring up, let me tell you how they are our most precious posses- out and create all the damage you what it would do. It says, first, that en- sion, how our whole life is calculated want to on 5 acres? That is a pretty vironmental regulations promulgated to make life more pleasant for them, good spread for some mines. In the by the Secretary of Interior cannot be and then we come in here to vote for State of Nevada, there are 2,400 mines stronger than the State where the trash like this. of 5 acres or less. Here is a letter from mine is located. Think of that. There is We only have one planet. God, in his the BLM office in Reno, NV, to an no point in even having a Federal regu- infinite wisdom and in the heavens, assemblywoman in Nevada, about these lation. Each State would be a king gave us one planet to sustain us for- 5-acre mine sites. The BLM says: September 15, 1998 CONGRESSIONAL RECORD — SENATE S10349 Since enactment of BLM’s surface manage- guess is, one could find piles of chicken Yet, the Senator from Arkansas and ment regulations in 1981 [that’s the one we manure in that State that violate envi- others love to drag out 20-year-old pic- are still trying to live with, put in effect in ronmental laws that are less than 5 tures and 20-year-old stories as if they 1981, since the regulations in 1981] the BLM acres that are not controlled. Does had just happened yesterday and say, in Nevada has processed nearly 10,000 no- that sound silly and facetious on my tices. Currently, there are approximately ‘‘Oh, look at these pictures and read 2,400 active notice-level operations in Ne- part? Yes, it does, and I apologize to this story; isn’t it terrible what the vada. There have been many environmental the Senator from Arkansas for saying world of mining is doing to the clear and operational problems associated with it, but I want him to understand that and pristine lakes and rivers of our the smaller operations in Nevada. when he makes a statement like ‘‘5 country?’’ We aren’t talking about 1872. We are acres, rogue, out of control,’’ it is not Let me tell you the mining story, the talking about May 1, 1997. Let me re- true. It is not true in my State that pictures and the story today about peat that. has very tight environmental laws, and those clear and pristine rivers. They it is not true in other mining States. were not once clear and pristine. Min- There have been many environmental and What the Senator from Arkansas operational problems associated with the ing tailings were dumped into them, smaller operations in Nevada. would like to have you believe in his and the rivers in my State, in one in- In summary, there are 90 exploration or compassionate statements about min- stance, ran murky the year round. But mining sites of five acres or less in Nevada ing is that somehow these impact his today the Coeur d’Alene River, flowing where a reclamation bond would have either State. His State is not a mining State, down through the major mining dis- probably prevented a new modern-day prob- per se. Mine is. The Senator from Alas- trict of my State, runs clean. Fish lem from developing or would have been used ka has a mining State. The Senators propagate in it. Kids swim in it. to reclaim an environmental problem. from Nevada have a mining State. That wasn’t true 20 years ago. It was You can defend that if you want to if Those States have had mining for over a combination of Federal and State ef- you are from Nevada. That is your 100 years, and some of that mining fort that produced that. But most im- privilege. Do you know something else? they are not proud of, or I should say, portantly, it was the ethics of the citi- The Federal regs of 1981 are just like were not proud of. zens and the government of the State In the sixties and the seventies and the Nevada law. We exempt all mines of Idaho that said as a mining State, the eighties and the nineties, those of 5 acres or less. Thousands and thou- we have to do it right, and that is what States began to take control of their sands of them are exempt under Fed- Western Governors are saying today to own environmental destiny, in part eral regulations. And you think that this administration and to the Senator urged by the Senator from Arkansas, doesn’t create environmental havoc? from Arkansas and to a lot of others no question about it; in part, a product Mr. President, I am not terribly opti- who like to use this as their political of the National Environmental Policy mistic about my chances of succeeding base. Act; in part a product of the Clean Air today. Last year, happily, we were able Look at the politics of it, sure, but Act; in part a product of the Clean to work out an arrangement where we look at the reality of what we are Water Act. All of those came together said we will consult with the Western doing. All of these States have very to shape plans of operation and new Governors. Nobody mentioned the Na- tight laws and regulations today. You mining strategies for this country. I tional Academy of Sciences last year. I heard it from the Senators from Ne- will tell you what it did in my State. It have been in the Senate 24 years and vada, one of the top mining States in cleaned up a lot of messes, messes by ever since I have been on this issue, no- the Nation today, employing tens of the definition of today’s environmental body has ever mentioned the National thousands of people and bringing hun- Academy of Sciences. But somebody standards and ethics, not definitions by mining and environmental standards of dreds of millions of dollars into our cleverly came up with the idea and economy. They are doing it right. They said, ‘‘At your fundraisers, you can al- 70 or 80 years ago. Why is the Senator standing up here are doing it under all of those environ- ways defend yourself; you can say, ‘The this morning painting the world as if it mental laws that were passed on this National Academy of Sciences did a were black, most importantly, painting floor in the sixties and the seventies study on that.’ ’’ I sure hope they come the world of mining as if it were a dis- and the eighties, and they are not up with a good set of regulations. I aster? The Senator from Arkansas backing away from them or trying to yield the floor, Mr. President. knows it just ‘‘ain’t’’ so, but this is one shrink from those laws. They are try- Mr. MURKOWSKI. Mr. President, of his causes celebres which you and I ing to improve them and better them. how much time is remaining on both have heard on this floor—and I serve So why is the Secretary of Interior sides? with him on the committee—for a long, and his Solicitor and the Senator from The PRESIDING OFFICER. The Sen- long while. Arkansas looking for a solution to fit a ator from Alaska has 30 minutes re- What is the essence of this adminis- problem that doesn’t exist? I am not maining, and the Senator from Arkan- tration’s attempt to rewrite the 3809 sure. I already suggested it does iden- sas has 19 minutes 30 seconds remain- regulations? My guess is that Sec- tify with their political base, but I am ing. retary Babbitt and Solicitor Leshy are not so sure it identifies with the real Mr. MURKOWSKI. Mr. President, I creating a solution for a problem that world, especially if a former Governor, yield such time as my friend and col- doesn’t exist, or more importantly, cre- who talks about how his State has done league from the State of Idaho might ating a solution that plays to their po- so well, believes that States ought to need, reserving at least 5 minutes for litical base and hoping there is a prob- have powers and rights in these areas. myself. lem out there to which they can attach He and I have worked very closely to- The PRESIDING OFFICER. The Sen- it. I have a feeling that down under- gether over the last several years to re- ator from Idaho is recognized. neath all of this, this is just about the form the 1872 mining law and to at- Mr. CRAIG. Mr. President, I thank whole of the problem that we are at- tempt to empower those States in co- my colleague from Alaska, the chair- tempting to debate on the floor today. operation with the Federal Govern- man of the Energy and Natural Re- There is no question that this Sen- ment to assure that that relationship sources Committee, first of all, for the ator, the Senator from Alaska and a and those kind of dynamics continue. leadership role he has taken over the good many other Senators want re- On that I don’t disagree with the Sen- last good number of years to try to sponsible mining law and we think, in ator from Arkansas, but I do disagree bring reform to the 1872 mining laws. large part, we have it, because the old with the Federal Government and its For some reason, the Senator from 1872 mining law in one court case after heavy hand ignoring the States’ Gov- Arkansas would like to portray that another, after another, after another, ernors until we shove them into begin- mining is a rogue industry in our Na- after another, after another, piled up ning dialog with them on the reform of tion that goes unregulated, outside en- over 100-plus years, has transformed these rules. vironmental regulations, and he cited the world of mining in this country Most of the Western Governors, how- today 5-acre mine sites. They are not into not only the significant industry ever, who have problems, who are outside the environment, they are sim- it is, but the environmental-sensitive working well with respect to mining ply outside a plan of operation. My industry that it is today. operations within their boundaries, S10350 CONGRESSIONAL RECORD — SENATE September 15, 1998 want the BLM to do a couple of things ing to stop it, because it might bring the National Academy of Sciences, to with any modification in regulation; about a solution that works. And it analyze at least the proposed problem and yet most Governors say they have would deny this administration the that Messrs. Leshy and Babbitt suggest not been worked with well, they have right to slash and burn and destroy a exists, and examine the solution that not been listened to, and if you do not mining industry that they did not like they have out there, searching for and do major things, that it will not hap- out there on the public lands to begin coming up with a resolution. pen. with. I am quite confident that if the Na- Again, the heavy arm of the Federal Secretary Babbitt has not been bash- tional Academy of Sciences proposes, Government will come down against ful. Every time he has to comply with that we will take a very, very serious States. Once again, we violate or at the law, he gets on a soap box and de- look at disposing with that. That is the least we ignore the Constitution of our grades it and says that he is being issue here. Let us proceed in that man- country, all in the name of a current forced to do certain things. Well, it is ner. Let us not divide the Federal Gov- political cause that does not seem to terrible when you are forced to abide ernment and State governments any exist much more today because we ad- by the law. Why should you shun it? more. Let us build a working partner- dressed it a long time ago. That is the But then again, I, as chairman of a sub- ship, as we have had in the past, that essence of the amendment to the Inte- committee, the Senator of a full com- will project us, I think, into a produc- rior appropriations bill by the Senator mittee, and the Senator from Arkansas tive future so that mining can remain from Arkansas. have invited Secretary Babbitt to the a strong part of our economy, as it What did we do this year? Because of table for the last 6 years to work out should, and, in my opinion, as it must the difference between the Department these problems. And their answer is, if we are going to continue to have a of Interior and the Governors—the ‘‘No. It’s to our advantage to have the free flow, an important flow, of min- Western States Governors primarily— politics of it, not the solution to it.’’ erals and metals to the critical econo- we have said, ‘‘Let’s get the National That is the essence of the debate here mies of this country. Academy of Sciences, an impartial on the floor. It really is, in my opinion, I yield back the remainder of my group, to step in between and examine that clear and that simple. You cannot time. this solution looking for a problem.’’ talk about modern mining today and Mr. MURKOWSKI addressed the They are impartial. Both sides, I use 20-year-old examples, because most Chair. The PRESIDING OFFICER. The Sen- think, would respect their integrity. of those were created 20 years before And let us see how much of a problem ator from Alaska is recognized. they became a problem. Yet, that is Mr. MURKOWSKI. Might I ask how there is out there. Let us scope the the basis of the argument. That is the much time remains on each side? magnitude of it before we bring down strength of any argument that they at- The PRESIDING OFFICER. The Sen- the heavy hand of Government and put tempt to produce. ator from Alaska has 13 minutes 20 sec- thousands of people out of work or risk So I hope that my colleagues will onds remaining; the Senator from Ar- putting thousands of people out of stand with us today in opposing the kansas controls 19 minutes 27 seconds. work and destroying some significant Bumpers amendment—that we should Mr. MURKOWSKI. I ask the Senator economies in many of our Western table that amendment—because while from Arkansas if he would care to go States. it can be partisan at times, this is not next since we spoke last on the issue. That is really the essence of what we a partisan issue. The Senators from Ne- Mr. BUMPERS addressed the Chair. do here today. It isn’t that the Energy vada are Democrats, and I am a Repub- The PRESIDING OFFICER. The Sen- and Natural Resources Committee has lican, and we are from neighboring ator from Arkansas is recognized. not been diligent. The Senator from States. Mr. BUMPERS. Mr. President, first Arkansas has been diligent. We just Mining has been for 100 years a major of all, I want to make one point that cannot agree. We have fundamental part of our economy and yet today re- perhaps has not been made, and that is disagreements. I want mining. I want mains an important part of our econ- that this amendment only applies on it alive and well and creating jobs in omy. My State is touted as being one Federal lands. Bear in mind, all mining my State—minerals and metals for the of the most beautiful, mountainous, does not occur on Federal lands. There economy. And I am not so sure that high-desert States in the Nation, with are all kinds of mines in this country that is what he wants. Or at least he clear flowing streams, pristine moun- on private lands. There are some on wants it in a way that largely causes tain meadows. And 100 years of a min- State lands. the investors in my State to go off- ing legacy? Yes. It seems like Idahoans I might also say that we have given shore to make those investments— did it right. Then while they were away 3.2 million acres of land in the under the same environmental stand- doing it right, they learned to do it past 126 years. Well, we did not give it ards that they would make in this better. And there is no question that away; we charged $2.50 an acre for it. country except they avoid the burden- the environmental laws we passed here Lands the size of the State of Connecti- some multiyear regulatory process of a in the 1960s and the 1970s and the 1980s cut we have given to the mining indus- Government that really does not care helped them do it better. try in the past 126 years to mine on. Do about the economies of investment and But just a few years ago our reclama- you know what else? They own it. We jobs because the cause they lift them- tion laws, our mining laws as a State, gave them a deed for $2.50 an acre, and selves to is a cause higher. were the example for the rest of the they own it. And these regulations do That is the issue of this amendment. Western States to follow, and many of not apply to people who own their own When you have a dispute between two them did. Many of my miners have re- land. The States regulate that. concerned parties—and we do here; the ceived national environmental awards One other point I want to make is Senator from Arkansas and I and oth- for their productions, for their oper- that I believe the Senator from Idaho ers just fundamentally disagree—what ations, for their facilities, and they are indicated something about my political is wrong with bringing an impartial very, very proud of it. position, my political base. No. 1, there body in between us to examine the So what is the advantage of standing is no political base on mining in my problem that by my estimation does here on the floor today and pounding State. There is a political base for not exist and by the estimation of the the podium and talking about the evil being on the side of keeping the envi- Senator from Arkansas does exist? mining industry and the environmental ronment as clean as possible, but that What is wrong with bringing an im- problems it creates? Well, if you are an is not unique to my State. I assume partial body to the fore for that pur- echo of the past, maybe there is value that there are some people even in pose? That is exactly what the Interior there. Or if you are the politics of yes- Idaho and Alaska who want to keep the Appropriations Subcommittee thought terday, maybe there is value there. But environment as clean as possible. ought to be done, in consultation with if you really want to work with our Let me say, as the Senators tick off the chairman of the full authorizing Western Governors, and solve a prob- all the laws that the mining industry committee, the Senator from Alaska. lem, and bring two divided sides to- has to comply with—clean air, clean That is what we are doing. And that is gether, then you do exactly what this water, reclamation—tell us which one why the Senator from Arkansas is try- bill does—you employ a neutral party, of those you want to repeal. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10351 In the 1970’s when a number of envi- figure is now estimated at $10 million. in this country.’’ Can you find me ronmental laws were passed, go back Who picks up the difference? You know somebody today who doesn’t like Medi- and look at the speeches that were who picks up the difference. care, including the medical profession? given, and given again today, about There are 557,000 hardrock mine sites No. In the 1970’s—go back and look at what a terrible disaster this would be if that are abandoned. Today, 59 of them the speeches made when we passed a we passed this bill and made people are on the Superfund list. The cost to variety of environmental statutes. I comply with these nonsensical, crazy the poor taxpayers: $34 to $71 billion, never read as many doomsday speeches regulations. It is just another case because the U.S. Congress engaged in in my life. Who would go back to the where the old Federal Government is sophistry, specious arguments, as the time when we didn’t have NEPA? Who trying to tell us how to run our lives. pollution went on, as the unreclaimed would want to go back to the time Do you know the reason the Coeur mines were left for the taxpayers to where we emptied our garbage out in d’Alene River is now a clean, pristine pick up the tab. the Buffalo River in plastic bags? river? Because of the Clean Water Act. Think about 2,000 sites in our na- Sometimes it is a long time coming, I applaud the people of Idaho who I as- tional parks that have to be reclaimed. and the disastrous part of it is that so sume didn’t want that river to be pol- Twelve thousand miles of rivers are much of it is irreversible; you cannot luted any further. I can tell you, it polluted, and they say we need another put it back the way God gave it to us. may or may not have happened if it 27 months to study it. That might be getting too heavy on an hadn’t been for the Federal Govern- I don’t know much of anything else I issue like this. But I am telling you, ment’s intervention. I don’t know can say about this. I will have a lot when you look at the statistics of how where that beautiful river in my State, more to say tomorrow when I offer yet many abandoned mine sites there are the Buffalo, would be right now if we another amendment on mining. Then right now, when you look at the fact hadn’t made it a wild and scenic river the Senator from Alaska and the Sen- that we know what this is—this is and stopped the disastrous pollution of ator from Idaho can have a big party nothing more than a dilatory tactic. the river. and say, ‘‘That mean old Senator from There is not one Senator who doesn’t In the 1970’s 65 percent of the Arkansas, we have heard the last of know precisely what this is about. It is streams, rivers and lakes in this coun- him,’’ because you will have. I have a simple delaying tactic. try were neither fishable nor swim- been on this subject now for 10 years, Mr. President, I yield the floor and mable. And because of the terrible old with just a few marginal successes. As yield the remainder of my time—Mr. Federal Government and all their regu- I pick up the paper in a few years and President, I will not yield back the re- lations imposing on the business com- watch how things have gone, I will be mainder of my time. I think Senator munity of this country, today it is re- a detached taxpayer, still with strong LANDRIEU may wish to speak, so I will versed—65 percent of the streams, feelings about it. All I can say is, I did reserve the remainder of my time for lakes, and rivers of this country are my best to try to save this planet for her. fishable and swimmable. How I wish I my children, my grandchildren, and Mr. MURKOWSKI. Mr. President, I could live long enough to see that fig- yours. ask the Chair to indicate how much Let me repeat one more time, when ure at 100 percent. time remains on both sides. It is expensive. It is expensive to you consider FLPMA, which we passed The PRESIDING OFFICER. The Sen- undo a mess. As I said on the Senate in 1978, when you consider the National ator from Alaska has 13 minutes. The floor last week in a different context Forest Management Act, when you Senator from Arkansas has 5 minutes but it bears repeating here, as the consider the Clean Air Act and the 30 seconds. English philosopher said, there is noth- Clean Water Act, tell us, which ones ing more utterly impossible than would you strike? Which ones would Mr. MURKOWSKI. I thank the Chair. undoing what has already been done. you repeal? Mr. HATCH. Mr. President, I rise this Do you think Bill Clinton wouldn’t like It reminds me, as a southerner, what morning to express strong opposition to undo some of his past? Do you think a tough time we had coming to grips to the Bumpers amendment, and I urge people in my State wouldn’t like to with civil rights. Monday morning I my colleagues to oppose it as well. This undo some of the surface mining, the will speak at an assembly at Central amendment is a step backwards, Mr. strip mining, that we allowed to take High School in Little Rock where, 31 President. It is a step back toward place? They just dug out the earth, years ago, the National Guard was more centralized government; it is a piled it up in big layers, took the coal, called to keep black children from step back toward more heavy handed and left it. going to school there. The Arkansas regulations; and it is a step back to- It is not even half over. When you Gazette, at that time the oldest news- ward making environmental policy consider the fact that mines of 5 acres paper west of the Mississippi, took a with emotion and politics instead of and less aren’t even regulated, when strong stand against Orval Faubus, science and common sense. you think of all the 3.2 million acres of who was Governor and who called out Mr. President, this argument really lands we have given to the mining in- the National Guard to keep those nine comes down to whether or not we want dustry, these lands are not included. children from going to school at Little environmental regulations to be deter- So what do we have? The Senator Rock Central High School. mined on the state level by those who from Idaho said Senator BUMPERS is up They lost circulation down to about have the greatest stake in a healthy there talking about what happened 82,000. Orval Faubus was elected six environment and a strong economy, or years ago. In 1992, in Colorado, times—the first Governor ever elected do we want to keep all the power inside Summitville’s actions cost the tax- to a fourth term. Only one had ever the Washington beltway and in the payers $30,000 a day; 6 years ago that been elected to a third term. And who hands of federal politicians and bureau- disaster occurred. What did they do? today would take that side of that crats. They polluted 17 miles of a river. It is question? There are a few, of course. This amendment would strike section now a Superfund site. Who today would want to go back to 117 of the fiscal year 1999 Interior ap- Zortman-Landusky, 1998, in Mon- charging people to vote?—which they propriations. What is so disturbing tana—going broke. Taxpayers will get did when I was a young man. You had about this section that it must be to pick up the tab while we do another to go down to the courthouse and pay struck, Mr. President? Section 117 is study by the National Academy of a dollar for a poll tax. Who would go simply an attempt to replace the emo- Sciences. Then you can go home and back to that? tionally and politically charged con- say, ‘‘Yes, I’m for the environment.’’ I If I were to start talking about the troversy surrounding the revised 3809 think the National Academy of literally hundreds of things that we regulations with good science. Section Sciences ought to study these things as have done in this country that were 117 would require that the National the disasters pile up. In 1998, in South terribly unpopular—I can remember Academy of Sciences—hardly an orga- Dakota, they are not quite broke yet, when every doctor in America said, ‘‘If nization in the pocket of the mining in- they are in financial difficulties. They you pass that Medicare bill, you will be dustry—perform a study of the ade- had a $6 million bond, and the cleanup sorry; it will be the end of health care quacy of federal and state regulations S10352 CONGRESSIONAL RECORD — SENATE September 15, 1998 governing hardrock mining on our pub- another situation, like others in the enough alone. But the first step is to lic lands before the Secretary of Inte- past, in which policymakers in this Ad- identify if a problem really does exist. rior moves forward with the new regu- ministration lacking support from Con- Mr. MURKOWSKI. Mr. President, fol- lations. I find it baffling, Mr. Presi- gress, nevertheless develop policy lowing the current debate, let me point dent, that a member of Congress would based on a predetermined outcome. out a couple of things that I think the be opposed to introducing an impartial Once that policy is introduced, we are Senator from Arkansas may have over- and nonpartisan element to this heated then subjected to the usual vocalizing looked with regard to his general state- debate, such as a study by the National about the importance of public input ment that we have 557,000 sites in the Academy of Sciences. and the necessity of hearing views of abandoned mine category. Mr. President, this is not merely a all interested parties. I think it is important to recognize philosophical debate. This debate is BLM’s justification for new regula- what we have done. We have a system. about jobs in rural America. We have tions is spotty—advances in mining The system is working. Fewer than 3 learned by unhappy experience that technologies and current regulations percent of those 557,000 are considered regulations spewed forth from Wash- which have not been updated for 15 to be of a significant environmental ington, D.C., with no regard for those years. Yet when we had this discussion concern. Surface water contamination, who are most affected by the regula- last year, we agreed that since the reg- ground water contamination, and tions, often lead to a loss of competi- ulatory authority of western states Superfund make up less than 3 percent tiveness and jobs in rural areas. would be called into question, it was of these sites. The others—it is inter- I wish all of my colleagues could visit important that we allow for significant esting to note—34 percent, or 194,000, the many rural areas of my state of input from those impacted states. I am have been reclaimed and are considered Utah. They would find that oppor- dismayed that the BLM draft regula- benign; 231,000, or 41 percent, have a tunity has been whittled away from tions ignored most of the input re- surface disturbance. Obviously, if you rural Americans who live among public ceived last year. The result has been a are going to mine an area in an open lands. And why have these citizens lost proposal that was so top-heavy with pit, you are going to have a surface dis- their ability to grow and prosper, Mr. prescriptive regulation it would never turbance. But that can be taken care of President? Has it been because of a pass muster if it were to move through in the reclamation process. The trees lack of effort or creativity? Of course the normal legislative process. can grow back. not—rural areas in Utah are struggling We find ourselves in a situation I ask anybody who has visited the in- because government bureaucrats have where the Western Governors, which terior of Alaska to recognize the tech- systematically closed off opportunities have individual state programs that niques used with the gold dredges to graze on public lands, to harvest are working very well with respect to where they basically built this dredge timber on public lands, and to mine on mining in those states, wish to have in a pond and it dug ahead of itself and public lands. I challenge anyone to tell greater input into the draft regula- deposited the tailings, the pond was me that this trend has not led to a tions. These Governors, regardless of not any bigger than the dredge, it sim- major loss of rural jobs, Mr. President. party affiliation, have stated very ply moved, and yes, the tailings were Mr. President, the rural people of my clearly that the problems with the cur- evident at the time, but now the trees state know that the source of their rent law described by the Secretary have grown back into the tailings piles. problems has been an onslaught of cen- simply do not exist. They would prefer That is what is happening in these tralized government regulation. I to have several legal issues resolved areas where appropriate reclamation would like to read a letter from a prior to any modification of the cur- takes place, and the technology today young constituent of mine, T.J. Seely. rent 3809 regulations. I do not see any- is much more advanced than pre- He sums up, better than I could, what thing wrong with seeking guidance viously. So there is significant ad- the crux of this debate is really about. from an outside source as to how the vancement in the process. Mr. President, I ask unanimous con- current regulatory framework is defi- The system of reclamation is work- sent that this letter be entered into the cient. I believe the language we have in ing, and the States take pride in their RECORD along with my remarks. this bill addresses those concerns by obligation to address reclamation asso- Mr. President, T.J. asks me in his bringing in a non-biased entity to de- ciated with mining activity. You can’t letter, ‘‘What are you doing about jobs termine if the current regulatory create wealth, you can’t create jobs, in rural Utah?’’ Well, Mr. President, an framework is inadequate. and you can’t create prosperity with- important part of my answer to T.J. I sometimes wish we could be more out some kind of a footprint. Mining is will be that I voted against this amend- candid with each other. I am amazed at no exception. But with the technology ment today, and that I urged my col- what happens when we can sit down we have, we are addressing it and doing leagues to do the same. around the table and have an open dis- a better job. There being no objections, the letter cussion. We have been successful in the The problem with the proposal of my was ordered to be printed in the past, as my friend Senator BUMPERS friend from Arkansas is that he simply RECORD, as follows: well knows. Were it not for two or wants to have the Department of the JANUARY 19, 1998. three candid discussions, we would Interior come in and dictate terms and DEAR SENATOR HATCH: My name is T.J. have never reached agreement on Na- conditions—a nameless, faceless bu- Seely. I’m from Ferron, Utah. I am thirteen tional Park concessions reform. But reaucracy, accountable not to the peo- years old and I’m concerned that there won’t this is a case where BLM is not willing ple within the States, not to the people be any jobs when I’m out of high school. to admit what it is really trying to do. who work in the mining industry, not My dad is forty years old. He works for one The Secretary should admit that he is to the people who have jobs, families, of Pacific Corps. mines and I’m worried that trying to accomplish mining law re- he won’t have a job. mortgages, but to an indifferent De- In Utah I think that we have more of our form through the back door because partment of the Interior coming down share of Federal lands. the Administration lacks the votes in with regulations that would basically What are you doing about jobs in rural Congress. If he would simply say that, strangle the mining industry as we Utah, and what can I do about securing jobs I would say that I disagree with his po- know it today and force it overseas. in Utah? sition. But because of the lack of can- We have had a discussion about the Sincerely, dor around here, we go through various poultry industry. I am sorry that my T.J. SEELY. machinations and we find ourselves in friend from Arkansas stepped out brief- PROPOSED BLM 3809 REGULATIONS this situation where we now have to ly, but I have done a little investiga- Mr. BENNETT. Mr. President, I have bring in the National Academy of tion in the last few minutes relative to listened with interest to the discussion Sciences to provide a non-biased review the poultry industry in Arkansas, that has taken place today regarding so we can get the information to Con- which I know very little about. Clear- the Bumpers amendment and I would gress. I think this issue has moved to ly, the Senator from Arkansas is on like to express my views on the BLM’s the point where we are in need of unbi- record opposing any State regulation proposed 3809 Regulations. I am con- ased, outside counsel. If there is a prob- of mining that is evident today. But he cerned that my colleagues are facing lem, let’s fix it, if not, let’s leave well doesn’t oppose State regulation of his September 15, 1998 CONGRESSIONAL RECORD — SENATE S10353 State’s biggest industry, and that is Let me remind my colleagues that good for the goose or the chicken, but poultry. Small poultry farmers are not the mining bill before us would have I do know what is good for the mining subject to Federal law, clean water reg- pleased, I think, reasonable voices on industry in the United States today; ulation, even when large corporations both sides of the issue. It seeks reform, that is, to defeat and prevail on the actually own the chickens. It is left up which brings a fair return to the Treas- motion to table the Bumpers amend- to State law, even though it is a major ury. It protects the environment and ment to strike. water quality issue in those States preserves our ability to produce strate- Mr. President, I ask that the remain- with high populations of poultry. In gic minerals in an international mar- der of my time be indicated. Virginia alone, over 1,300 poultry oper- ketplace. I think the bill, when it even- The PRESIDING OFFICER. The Sen- ations produce 4.4 billion pounds of ma- tually reaches the floor of this body, ator has 11 minutes. nure a year. A so-called small poultry will receive support and pass. The leg- Mr. MURKOWSKI. I retain the re- operation can produce 540 tons of litter islation protects the small miners, it mainder of my time and yield to my per year. I haven’t heard the Senator maintains traditional location and dis- friend from Arkansas. The PRESIDING OFFICER. The Sen- from Arkansas arguing in favor of Fed- covery practices, and it is reform. It is ator from Arkansas. eral regulation, but perhaps we are get- an effort to do the job right. Bad deci- Mr. BUMPERS. Mr. President, here ting ahead of ourselves and we don’t sions are going to harm a $5 billion need to spread the issue around any is what the new regulations contain: U.S. industry whose products are the Regulations to minimize adverse en- more than we have, relatively speak- muscle and sinew of our Nation’s in- ing. vironmental impacts, if economically dustrial output. and technically feasible—that is a pret- Let me just highlight a few more The future of some 120,000 American points that I think are appropriate. ty big loophole; that is what these new miners and their families and their regulations provide—reclaim the land Let’s look at the gold industry in the communities is at stake here. So is the United States today. The layoffs total to its prior condition; bonding, enough well-being of thousands of other Ameri- approximately 3,500 workers—not be- bond to cover reclamation costs; and, cans whose income is linked to manu- cause the gold isn’t there, but the protect the air and water quality. facturing goods and services which sup- world price of gold has declined. As a Let me ask my opponents on this port this critical industry. consequence, these mines, such as the issue, to which of those do you object? In summary, Mr. President, I am HomeStake Mine in Lead, SD, a small To what do you object? going to be offering a motion to table community of fewer than 1,000 people, Mr. President, these arguments Senator BUMPERS amendment to strike where there are over 466 people that about the poor gold miners processing at 2:15 when the Senate reconvenes gold—I have heard those same argu- are out of work—that issue is not as a I want my colleagues to know ahead consequence of the issue before us ments year after year, and sometimes of time what my intentions are rel- when gold was more than $400 an today, but it is a consequence of the ative to the disposition of the Bumpers mining industry’s ability to operate ounce. If gold is cheap, that is the ar- amendment. gument. If gold is high, then it is jobs. internationally based on cost, based on Finally, let me, for the record, indi- the value of the gold in the ground, and If neither apply, then it is that bad old cate the position of the Western Gov- Federal Government trying to regulate a number of other considerations. ernors’ Association, which wrote in a The point is, when you go into the our lives—anything under God’s Sun to letter: mining industry, you go in for the long keep from doing anything to make the haul. You are going to have good years States already have effective environ- mining companies of this country do it mental and reclamation programs in place and bad years. But I think it is appro- right. and operating. These programs ensure that This is the simplest amendment in priate that we take a look at the indus- national criteria where they exist in current try as it exists in the Western States. law are met and allow the States site-spe- the world. Everybody knows what it is. There are 5,000 people employed in my cific flexibility for the remaining issue. For 17 years, since 1981, we have been State of Alaska. In California, there We have letters from the Governors living with regulations for the most are 115,000 people with jobs directly or of Arizona, New Mexico, Idaho, Wyo- part which were hopelessly out of date. indirectly affected by the mining in- ming and Utah—written letters in sup- In the meantime, we have been allow- dustry; Colorado has 19,000; Idaho has port of having the National Academy ing cyanide to go into the rivers and 7,000; Montana, 9,000; Nevada has 11,000; of Sciences conduct a review of the ex- streams and the underground aquifers South Dakota, 8,000; the State of Wash- isting State and Federal regulations of this country, and they don’t want to ington has 26,000. governing mining to determine their do anything about it. They don’t want So I remind the Senators from those deficiencies. a regulation or a rule that makes peo- States that are directly affected, with One other point, Mr. President. I ple responsible for that. a significant payroll, a number of jobs think it is noteworthy, to my col- I think I have said everything I can are dependent directly or indirectly on leagues who have perhaps been follow- possibly say about this issue. I will the mining industry, and it is very im- ing some of our Nation’s environ- simply say I may lose this afternoon, portant that we have a mining industry mental leaders, the comment that was and probably will. And when 27 months that has regulations that are respon- made in December 1997 by former Sec- have gone by, unless somebody takes it sive to the legitimate environmental retary of the Interior, Governor Cecil on again next year, maybe we will get demands, but at the same time recog- Andrus. When the 3809 regulations were James Watt back as Secretary of the nize that this industry fluctuates with promulgated back in 1980, Governor Interior and we will not have to worry market price, world prices, unlike Andrus was Secretary of the Interior. about things like this anymore. This is many other items that we might not So this gentleman knows of what he very carefully crafted to say to Bruce have a fair comparison with. speaks. Babbitt that you cannot do anything— Finally, let me in the remaining mo- In December, Governor Andrus stat- you can’t do anything until the year ments again refer to the effort that has ed: 2001. At that time, my opponents on been made that is pending before the For over 20 years, I submit, the 3809 regula- this divinely hope that there will be a U.S. Senate. It is ready for markup. tions have stood the test of time. These are Republican President and there will be That is the mining bill that Senator the regulations that we are talking about a Secretary of the Interior who will do CRAIG and I have offered. It was a solid today, the ones the Secretary of the Interior their bidding. That may happen. And in foundation upon which to build mining proposes to change. the meantime, unmitigated, reform. We made an accommodation to Further, I quote: unfathomable economic disasters will the Senator from Arkansas not to Those regulations revolutionized mining continue to occur. mark it up in order for him to initiate on the public lands. Bruce Babbitt, who If this is an issue for the Senate to do an effort to reach a compromise with should know better, is trying to fix things something about, all you have to do is the mining industry to resolve long that are not broken and accomplish some vote yes. If you do not want to do any- standing issues. Evidently, this has not mining reform laws through the back door. thing about it, then vote no. yet happened, although I still have Mr. President, that is just what this Mr. President, I yield the floor, and I hopes. issue is about. I don’t know what is yield the remainder of my time. S10354 CONGRESSIONAL RECORD — SENATE September 15, 1998 Mr. MURKOWSKI. Mr. President, let Mr. BUMPERS. Mr. President, I ask Mr. BUMPERS. Mr. President, par- me thank my friend from Arkansas for unanimous consent that the order for liamentary inquiry: Is time to be his input and his consistent effort to the quorum call be rescinded. charged against both parties when bring this issue before this Congress, The PRESIDING OFFICER. Without there is nobody speaking? and certainly the U.S. Senate. objection, it is so ordered. The PRESIDING OFFICER. The Sen- I must differ with him on his inter- Under the previous order, there is ator is correct. pretation. It is not unmitigated disas- now 10 minutes to be equally divided Mr. BUMPERS addressed the Chair. ter. I think every Member of the West- with respect to the Bumpers amend- The PRESIDING OFFICER. The Sen- ern States, and those States that have ment. ator from Arkansas. mining, recognize that there are cer- Mr. BUMPERS. Mr. President, I ask Mr. BUMPERS. Mr. President, let me tainly ills. But there is also an obliga- unanimous consent that the time for just say to what few colleagues may be tion and a pride to correct them, and the start of the debate be extended to listening, in 1976, the Secretary of the those corrections are underway. But the hour of 2:25. Interior was charged with the respon- the suggestion that the Department of The PRESIDING OFFICER. Without sibility of making sure that people who the Interior should have the broad au- objection, it is so ordered. mine on Federal lands belonging to the thority to come in with sweeping new Mr. BUMPERS. Mr. President, I sug- taxpayers of America, not cause undue regulations that would in many cases gest the absence of a quorum. degradation of the land. have an adverse effect on the indus- The PRESIDING OFFICER. The In 1981, the Secretary promulgated try’s ability to be internationally com- clerk will call the roll. regulations to determine how mining petitive is the threat proposed by the The legislative clerk proceeded to would take place. It was obvious after Department of the Interior. As a con- call the roll. that that the gold mining companies sequence, I would again expect to offer Mr. BUMPERS. Mr. President, I ask were using cyanide—cyanide—to mine a motion to strike the amendment, and unanimous consent that the order for gold. We have had three unmitigated a tabling motion. the quorum call be rescinded. disasters since 1981. We have cyanide I yield the remainder of my time. I The PRESIDING OFFICER. Without running in the rivers and streams and thank my good friend for the spirited objection, it is so ordered. our underground water supplies of this debate. We will keep him informed of Mr. BUMPERS. Mr. President, I ask country. the progress and the eventual resolve unanimous consent that the time for In 1991, Secretary Lujan tried to of this issue, if we don’t get it done the 10-minute debate previously or- change the rules so we could take care today. dered commence as of now, and I yield of that, as well as other things that Mr. BUMPERS. Mr. President, par- 2 minutes to the Senator from Louisi- needed to be taken care of. liamentary inquiry. Is there 10 minutes ana, Senator LANDRIEU. In 1993, everybody said, ‘‘No, let’s equally divided beginning at 2:15 on The PRESIDING OFFICER. The Sen- wait; we’re going to get a new bill.’’ this amendment? ator from Louisiana is recognized for 2 Nothing happened. The PRESIDING OFFICER. The Sen- minutes. In 1997, Secretary Babbitt started to ator is correct. Ms. LANDRIEU. Mr. President, I join promulgate rules to try to take care of Mr. BUMPERS. I thank the Chair. my distinguished colleague from Ar- underground leeching of cyanide poi- f kansas to add just a moment of my soning, as well as a whole host of other thoughts to the tremendous argument things. Senator REID got an amend- RECESS he has made to strike this language ment put on last year that said every The PRESIDING OFFICER. Under from the Interior appropriations bill Governor in the West would have to the previous order, the hour of 12:30 and to try to move us on in a path of sign off on that. We finally com- having arrived, the Senate will now real reform on this issue, reform that promised by saying the Secretary stand in recess until the hour of 2:15. is so long overdue. Since 1971, attempt would have to consult with Governors Thereupon, the Senate, at 12:29 p.m. after attempt after attempt has been of the West, which he did and which recessed until 2:16 p.m.; whereupon, the made, either to pass laws to reform the they certified that he did. Senate reassembled when called to 1872 statute—attempts that have failed This year, they come in and say, ‘‘No, order by the Presiding Officer (Mr. because there is not enough support— let’s don’t do it yet; let’s have the Na- COATS). or we have tried to take some steps tional Academy of Sciences study it.’’ f through regulations. Yet delay after It takes 27 months, 27 more months delay after delay has taken place. under this amendment to get these DEPARTMENT OF THE INTERIOR I want to submit for the RECORD, to rules promulgated, carefully orches- AND RELATED AGENCIES APPRO- date $71 billion in damages have oc- trated to go past the year 2000 and, PRIATIONS ACT, 1999 curred at taxpayer expense from hard hopefully, to get a Secretary of the In- The Senate continued with the con- rock mining—$71 billion. Mr. Presi- terior to their liking so we can con- sideration of the bill. dent, we have 557,000 abandoned hard tinue to pollute the rivers and streams AMENDMENT NO. 3591 rock mining sites in the United States of underground aquifers of this country The PRESIDING OFFICER. Under alone that have to be dealt with, 300,000 with cyanide poisoning. the previous order, there is now 10 min- acres of Federal land left unreclaimed, People of this country have a right to utes equally divided with respect to the 2,000 sites in national parks in need of expect something better than that, and Bumpers amendment. reclamation, as well as 59 Superfund all I am doing is striking this so that Mr. BUMPERS addressed the Chair. mining sites on the National Priorities the Secretary can go ahead and issue The PRESIDING OFFICER. The Sen- List and 12,000 miles of polluted rivers. the rules on November 17. If the Con- ator from Arkansas. When will the taxpayers get some re- gress doesn’t like them, let them Mr. BUMPERS. Mr. President, both lief from this law that is so far out- change them. But for God’s sake, let’s caucuses are still in session. I ask dated and has long since met its origi- keep faith with the American people unanimous consent that the beginning nal intent? Besides the giving away of and say we are going to do something of the debate, 10 minutes equally di- the land for pennies, the taxpayers are about Summitville, CO, 1992. The bond vided, begin at 2:20 p.m. then held to pick up the tab for the was insufficient. They took bank- The PRESIDING OFFICER. Is there damage that is caused. There are some ruptcy. Zortman-Landusky, MT, 1998; objection? Without objection, it is so reasonable solutions that do not dev- Gilt Edge, SD, 1998. ordered. astate the industry but they do begin The PRESIDING OFFICER. The Sen- Mr. BUMPERS. Mr. President, I sug- to clean up our environment. ator’s time has expired. gest the absence of a quorum. I support the Honorable Senator from Mr. BUMPERS. I plead with my col- The PRESIDING OFFICER. The Arkansas and ask all of our colleagues leagues and simply say let the Sec- clerk will call the roll. to join with him in this amendment. retary do the job we hired him to do The legislative clerk proceeded to The PRESIDING OFFICER. Who and promulgate the rules we told him call the roll. yields time? in 1976 he ought to promulgate. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10355

Mr. REID addressed the Chair. The legislative clerk proceeded to The amendment that Senator BUMP- The PRESIDING OFFICER. The Sen- call the roll. ERS proposes to strike is as simple—it ator from Nevada. Mr. MURKOWSKI. Mr. President, I does ‘‘nothing’’ more than direct the Mr. REID. Mr. President, I use the ask unanimous consent that the order National Academy of Sciences to re- time delegated to the Senator from for the quorum call be rescinded. view existing State and Federal envi- Alaska. The PRESIDING OFFICER. Without ronmental regulations dealing with Mr. President, my friend from Arkan- objection, it is so ordered. hardrock mining to determine the ade- sas and my friend from Louisiana are Mr. MURKOWSKI. Mr. President, I quacy of these laws and regulations to in some kind of a dream world. The stand in strong opposition to Senator prevent unnecessary and undue deg- fact of the matter is that the statistics BUMPERS’ amendment to strike the Na- radation and how to better coordinate they talk about, for example, 300,000 tional Academy of Sciences study. Federal and State regulatory programs acres damaged—the State of Nevada Before they cast their vote, I want to ensure environmental protection. alone has 75 million acres. The Western my colleagues to consider these points: The Department of the Interior has United States is a vast area that still We put the National Academy of so completely lost its objectivity and has areas in need of development. The Sciences study language into the ap- has become so biased against this in- mining industry has the best blue-col- propriations bill because the Interior dustry that they appear completely in- lar jobs in America. The price of gold is Department has decided that they can capable of making sound decisions in at a 19-year low. Companies are filing no longer wait for Congress to act on this arena. bankruptcy. People are being laid off. mining law. Apparently these The citizens of this country are enti- The mining industry creates a favor- unelected officials know what’s better tled to a Department of the Interior able balance of trade for gold. The for this country than the United States that determines need before it acts, problems that they talk about are all Congress. that doesn’t waste money that is sorely problems that went on decades and dec- We are doing it because the Depart- needed in other places; a Department ades ago. What we are talking about ment of the Interior has decided that that doesn’t ‘‘unnecessarily’’ disrupt a here is there are some regulations that they are not interested in the opinions system of State and Federal regula- the Secretary of the Interior who can’t or concerns of the public land Gov- tions laboriously constructed over dec- legislate—they have tried, they can’t ernors and the constituents they rep- ades to complement and enhance envi- legislate anything—so he said, ‘‘We’re resent. ronmental protection at the lowest going to get to you anyway, Mr. and Let me quote the Western Governors cost possible. Mrs. Mining Company; we’re going to Association letter from February of I urge my colleagues to join with me this year: do this through regulations. We’re in a vote to table Senator BUMPERS’ going to show you if we can’t legislate, States already have effective environ- amendment, and in doing so, we will be we will regulate.’’ mental and reclamation programs in place sending a clear message to the admin- What we are saying is, Mr. Secretary and operating. These programs ensure that national criteria, where they exist in current istration that ‘‘good’’ Government is of the Interior, if you want to regulate, still important, that States play a crit- let’s have the National Academy of law, are met and allow state and site-specific flexibility for the remaining issues. ical role in environmental protection Sciences, an impartial, unbiased, very and that their partnerships and input recognized, sound scientific body look We put the Academy study into the appropriations bill at the specific re- are still important. at these regulations to see if they need Mr. President, as you know, we have to be changed. We are willing to abide quest of the Governors of Nevada, Ari- zona, New Mexico, Idaho, Wyoming, before us a vote, and I ask unanimous by what they come up with. This is not consent that the yeas and nays be re- some antienvironmental rider that is and Utah. They all echo Nevada Governor Mil- quested—Mr. President, I am told that going to turn present regulations up- I should make that request after time side down. This is simply saying let’s ler’s concerns when he said: Interior is moving the responsibility for has expired. take the regulations and have the sci- The PRESIDING OFFICER. The entists look at them, not Secretary environmental oversight of mining oper- ations in my State and other States to here Chair informs the Senator from Alaska Babbitt who has been so unfair to min- in Washington, DC. This attempt at seizure that the time has expired. ing. and control by Interior is particularly per- Mr. MURKOWSKI. It is my intent to Mr. President, they are looking for a plexing in view of the fact that many States, table the proposed Bumpers amend- solution to a problem that doesn’t expecially Nevada [and my state—Alaska] ment, and I ask for the yeas and nays. exist. The Western Governors’ Associa- have moved aggressively to address the envi- The PRESIDING OFFICER. Is there a tion said: ronmental concerns of mining operations. To sufficient second? States already have effective environ- date, there has been no real justification of- mental and reclamation programs in place fered by the department regarding the need There appears to be a sufficient sec- and operating. These programs ensure that to make changes. * * * ond. national criteria, where they exist in current He goes on to say that in his opinion The yeas and nays were ordered. law, are met and allow state and site-specific the Department of the Interior has a The PRESIDING OFFICER. The flexibility for the remaining issues. solution looking for a problem. question is on agreeing to the motion That is all we want, is fairness. The A solution looking for a problem. to lay on the table amendment No. Interior bill is a good bill. This provi- It is simply unacceptable for an agen- 3591. The yeas and nays were ordered. sion which calls for a study by the Na- cy to launch off on a major rulemaking The clerk will call the roll. tional Academy of Sciences is the right effort that affects the effectiveness and The legislative clerk called the roll. way to go. This amendment should be efficiency of the entire environmental Mr. FORD. I announce that the Sen- defeated overwhelmingly. foundation of mining in the United ator from South Carolina (Mr. HOL- The PRESIDING OFFICER. The time States. LINGS) and the Senator from Maryland under the control of the opposition to Let me close by quoting one of the (Ms. MIKULSKI) are necessarily absent. the Bumpers amendment remains at 2 modern environmental leaders, former The result was announced—yeas 58, minutes even. Secretary of the Interior Andrus: nays 40, as follows: Mr. REID. How much time is remain- In 20 years, I admit, the 3809 regulations [Rollcall Vote No. 268 Leg.] ing? have stood the test of time * * * those regu- YEAS—58 The PRESIDING OFFICER. Two lations revolutionized mining on the public Allard Byrd Domenici minutes. lands. Bruce Babbitt—who should know bet- Ashcroft Campbell Dorgan Mr. REID. On this side? ter—is trying to fix things that are not bro- Baucus Cleland Enzi The PRESIDING OFFICER. That is ken, and I suspect accomplish some mining Bennett Cochran Faircloth correct. law reform through the back door. Bingaman Conrad Ford Mr. REID. Thank you. Mr. President, Secretary Babbitt is trying to fix Bond Coverdell Frist Breaux Craig Gorton I suggest the absence of a quorum. things that are not broken. Brownback D’Amato Gramm The PRESIDING OFFICER. The I couldn’t have said it better if I Bryan Daschle Grams clerk will call the roll. tried. Burns DeWine Grassley S10356 CONGRESSIONAL RECORD — SENATE September 15, 1998 Hagel Lugar Sessions At the appropriate place, insert the follow- pass all 50 State governments in ap- Hatch Mack Shelby ing: Helms McCain Smith (NH) proving casino gambling on Indian SEC. . PROHIBITION. Hutchinson McConnell Smith (OR) tribal lands. Hutchison Moynihan Stevens (a) Notwithstanding any other provision of Mr. President, this is the third time Inhofe Murkowski Thomas law, prior to October 1, 1999, Secretary of the Inouye Nickles Thompson Interior shall not— in 2 years the Senate has had to deal Kempthorne Reid Thurmond (1) promulgate as final regulations, or in with this issue of Indian gambling. I re- Kyl Roberts any way implement, the proposed regula- gret that an amendment is, once again, Lott Santorum tions published on January 22, 1998, at 63 necessary on this year’s Interior appro- NAYS—40 Fed. Reg. 3289; or priations bill. However, until we under- (2) issue a notice of proposed rulemaking Abraham Gregg Murray stand the need for legislative action for, or promulgate, or in any way implement, Akaka Harkin Reed and effect hearings by the Indian Af- any similar regulations to provide for proce- Biden Jeffords Robb fairs Committee to resolve differences Boxer Johnson Rockefeller dures for gaming activities under the Indian Bumpers Kennedy Roth Gaming Regulatory Act (25 U.S.C. 2701 et and reach a reasonable compromise in Chafee Kerrey Sarbanes seq.), in any case in which a State asserts a the Indian gambling process, this Coats Kerry Snowe defense of sovereign immunity to a lawsuit amendment is essential. Collins Kohl Specter brought by an Indian tribe in a Federal court Dodd Landrieu Torricelli Last year, I offered an amendment to under section 11(d)(7) of that Act (25 U.S.C. Durbin Lautenberg Warner the Interior appropriations bill that 2710(d)(7)) to compel the State to participate Feingold Leahy Wellstone prohibited Secretary Babbitt from ap- Feinstein Levin Wyden in compact negotiations for class III gaming Glenn Lieberman (as that term is defined in section 4(8) of that proving any new tribal-State gambling Graham Moseley-Braun Act (25 U.S.C. 2703(8))). compacts which had not first been ap- NOT VOTING—2 (b) CLASS III GAMING COMPACTS.— proved by the State in accordance with (1) IN GENERAL.— State law. Although that amendment Hollings Mikulski (A) PROHIBITION ON APPROVING COMPACTS.— provided for only a 1-year moratorium, The motion to lay on the table the Prior to October 1, 1999, the Secretary may the intent of that amendment was not expend any funds made available under amendment (No. 3591) was agreed to. clear. Congress does not believe it is Mr. MURKOWSKI. Mr. President, I this Act, or any other Act hereinafter en- acted, to prescribe procedures for class III appropriate for the Secretary of the In- move to reconsider the vote. gaming, or approve class III gaming on In- terior to bypass Congress and the Mr. CRAIG. I move to lay that mo- dian lands by any means other than a Tribal- States on an issue as important as to tion on the table. State compact entered into between a state whether or not casino gambling would The motion to lay on the table was and a tribe, on or after the enactment of this be allowed within State borders. agreed to. Act. Unfortunately, the Secretary did not Mr. GORTON. Mr. President, we now (B) RULE OF CONSTRUCTION.—Nothing in think Congress was serious when we are on the Interior appropriations bill. this paragraph may be construed to prohibit passed the amendment last year. On I hope we will not have quorum calls. I the review or approval by the Secretary of a renewal or revision of, or amendment to a January 22 of this year, the Depart- hope we will be able to move through Tribal-State compact that is not covered ment of the Interior, Bureau of Indian amendments briskly, with appropriate under subparagraph (A). Affairs, published proposed regulations debate. I count about 10 or a dozen (2) NO AUTOMATIC APPROVAL.—Prior to Oc- which would allow the Secretary of the amendments on this bill which are tober 1, 1999, notwithstanding any other pro- Interior to bypass the States in the likely to require rollcall votes. vision of law, no Tribal-State compact for compacting process. In effect, these As usual, we are having a difficult class III gaming, other than one entered into proposed regulations would allow Sec- time this afternoon getting people to between a state and a tribe, shall be consid- retary Babbitt to approve casino gam- come to the floor with their amend- ered to have been approved by the Secretary by reason of the failure of the Secretary to bling agreements with the Indian ments. I would like to go from Repub- approve or disapprove that compact. tribes without the consent or approval lican side to Democratic side and back (c) DEFINITIONS.—The terms ‘‘class III gam- of the States. This action by the Sec- to the Republican side. ing’’, ‘‘Secretary’’, ‘‘Indian lands’’, and retary is a very big stick that encour- I ask that the Senator from Wyo- ‘‘Tribal-State compact’’ shall have the same ages the tribes enough that they are ming, Mr. ENZI, be recognized next. If meaning for the purposes of this section as not interested in any compromise. there are Democrats who will bring up those terms have under the Indian Gaming That is precisely why Congress was their amendments this afternoon, I Regulatory Act (25 U.S.C. 2701 et seq.). willing to place the amendment in last would like to hear from them. They PRIVILEGE OF THE FLOOR year’s appropriations bill. Evidently, would go next. Mr. ENZI. I ask unanimous consent Secretary Babbitt did not think Con- We will have more amendments this two members of my staff, Andrew gress was serious. afternoon that will require rollcall Emrich and Chad Calvert, be granted votes. floor privileges during the duration of We also debated the issue of blocking the Secretary’s proposed rules in Feb- AMENDMENT NO. 3592 the debate on the Interior appropria- tions bill. ruary, and we had an amendment ac- (Purpose: To prohibit the Secretary of the cepted to the supplemental appropria- Interior from promulgating certain regula- The PRESIDING OFFICER. Without tions relating to Indian gaming and to pro- objection, it is so ordered. tions bill by a voice vote. When speak- hibit the Secretary from approving class Mr. ENZI. I rise to introduce this ing with House conferees who attended III gaming without State approval) amendment to the Interior appropria- the conference to the supplemental, Mr. ENZI. I send an amendment to tions bill with my colleague, the dis- several lobbyists painted our amend- the desk and ask for its immediate con- tinguished Senator from Alabama, Mr. ment as a Las Vegas protection bill. sideration. SESSIONS. This amendment has one There are some lobbying groups that The PRESIDING OFFICER. The very important purpose: to ensure that are trying that same tactic again this pending amendment is set aside. The the rights of this Congress and all 50 year. I want everyone to be perfectly clerk will report. States are not trampled on by an clear on this point. This amendment is The legislative clerk read as follows: unelected Cabinet official. designed primarily for those States The Senator from Wyoming [Mr. ENZI], for The amendment is simple and that do not allow gambling—particu- himself, Mr. SESSIONS, Mr. LUGAR, Mr. straightforward. It would prohibit the larly those that do not allow electronic BROWNBACK, Mr. ASHCROFT, Mr. GRAMS, Mr. Secretary of the Interior from approv- gambling and especially those States COATS, Mr. INHOFE, Mr. BRYAN and Mr. REID, ing any tribal-State gambling agree- that do not allow slot machines. The proposes an amendment numbered 3592. ment which has not first been approved interest in this amendment from gam- Mr. ENZI. Mr. President, I ask unani- by the tribe and the State in question. bling States stems simply from their mous consent that the reading of the It would also prohibit the Secretary sincere desire to have the Indian Gam- amendment be dispensed with. from finalizing the rules that were pub- ing Regulatory Act, or IGRA, enforced. The PRESIDING OFFICER. Without lished this past January 22. If these This amendment does not in any way objection, it is so ordered. rules are finalized, the Secretary of the minimize the serious need for proper The amendment is as follows: Interior would have the ability to by- enforcement of existing law. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10357 In February, in an attempt to kill This sentiment has been confirmed by and trust you will honor this request until our amendment, which was only a con- lobbyists from the various tribes which you have had an opportunity to review the tinuation of the status quo, the Indian have made it abundantly clear that report which we intend to release on June 20, Affairs Committee sent out a notice Secretary Babbitt fully intends to fi- 1999. Thank you for your consideration. Sincerely, that the amendment should be defeated nalize his proposed rules. Our only way KAY C. JAMES, because hearings had been scheduled. to stop this effort is to attach another Chair. What happened to those hearings? By amendment to this year’s Interior ap- Mr. President, I think it would be passing this amendment, we will en- propriations bill. Let me assure you, if wise for this body to follow the advice sure that the promises about the future Secretary Babbitt has his way, there of the very commission that we created won’t change the current law. We will will be no need for the tribes to resolve to study the issue of legalized gam- make sure that the unelected Sec- problems at all involving gambling and bling. retary of the Interior, Bruce Babbitt, IGRA in and with their States. I want to emphasize again that we won’t single-handedly change current I do believe that this issue could be are the body that asked for this com- law. This amendment will ensure that resolved with hearings and a bill—ac- mission. We created the commission to any change in IGRA is done in the tual legislation from us, from Con- look at all gambling. The American right way—legislatively. gress. But those hearings won’t happen taxpayers are already paying for the Mr. President, this amendment will as long as the tribes anticipate the study. The commission is already doing ensure that the proper procedures are clout of the Secretary’s rule that by- its work. We need to let them finish. followed in the tribal-State compact- passes the process, bypasses the States. They have asked that neither we, nor ing process. Some people have argued Yes, the courts have ruled that the cur- Secretary Babbitt, make any changes that changes need to be made in the In- rent law—which was passed by Con- while they do their work. My amend- dian Gaming Regulatory Act. I don’t gress, not an appointed Secretary— ment would give them that time. necessarily disagree with my col- gives an edge in the bargaining process The judicial branch has already pre- leagues on that point. In fact, I would to the States. But that process has served the integrity of current law. welcome an opportunity to review a worked. If there is a need to change This amendment supports that. The number of provisions in IGRA in the that process, it should be changed only President approved my amendment proper context. However, if any by a bill passed by Congress—not by last year by signing the 1998 Interior changes are to be made to IGRA, those rule and regulation. appropriations bill. I’m asking my col- changes must come from Congress, not I must stress that if we do not main- leagues to take the same ‘‘non-action’’ from the administration. By even pro- tain the status quo, there will never be once again. The Committee on Indian posing these regulations, the Secretary an essential involvement by the States Affairs must play a very important of the Interior has shown an amazing in the final decision of whether to role here. They need to hold hearings disregard for the constitutional role of allow casino gambling on Indian tribal and write legislation which specifically Congress and the statutory preroga- lands. There will be no compromise addresses this issue and then put it tives of all 50 States. reached. The Secretary will be given through the process. They will have Actually, Mr. President, the timing the right to bypass us, the Congress of time to do that if this amendment is of Secretary Babbitt’s actions is rather the United States, and to run rough- agreed to. This amendment would sup- ironic. In March, just 6 months ago, shod over the States. port giving the Indian Affairs Commit- Attorney General Janet Reno re- Again, I want to stress that this tee and Congress, as a whole, time to quested an independent counsel to in- amendment does not amend the Indian develop an appropriate policy. vestigate Secretary Babbitt’s involve- Gaming Regulatory Act, but holds the Mr. President, the Enzi-Sessions ment in denying a tribal-State gam- status quo for another year so Congress amendment is strongly endorsed by the bling license to an Indian tribe in Wis- can review the situation. National Governor’s Association. I consin. Although we will have to wait Two years ago, Congress voted to es- would like to read a letter written on for independent counsel Carol Elder tablish a national commission to study behalf of the Governors and which is Bruce to complete her investigation the social and economic impacts of le- signed by the entire executive commit- before any final conclusions can be galized gambling in the United States. tee. Listen to this very bipartisan ap- drawn, it is evident that serious ques- One of the aspects the commission is peal. tions have been raised about Secretary analyzing is the impact of gambling on Here is the letter: Babbitt’s judgment and objectivity in tribal communities. As my colleagues As members of the Executive Committee of approving Indian gambling compacts. know, this commission just began its the National Governors’ Association, we The very fact that Attorney General work last year and most likely will not urge you on behalf of all governors to adopt Janet Reno believed there was specific complete its study for another year. the Indian gaming-relating amendment to and credible evidence to warrant an in- It is significant that this commis- the Interior Department Appropriations bill vestigation should be sufficient to sion—the very commission that was sponsored by Sen. Michael B. Enzi (R–Wyo.) make this Congress hesitant to allow created by Congress for the purpose of and Sen. Jeff Sessions (R–Ala.). This amend- Secretary Babbitt to grant himself new studying gambling—has now sent a let- ment would extend the current moratorium trust powers that are designed to by- ter to Secretary Babbitt asking him preventing the secretary of the U.S. Depart- ment of the Interior from using federal funds pass the States in the area of tribal- not to go forward with his proposed to approve tribal-state compacts that have State gambling compacts. Moreover, rules. I would like to read this letter not first been approved by the state, as re- this investigation should have taught for the benefit of my colleagues. quired by law. The amendment would also us an important lesson: We in Congress DEAR SECRETARY BABBITT: As you are prohibit the secretary from promulgating a should not allow Secretary Babbitt, or aware, the 104th Congress created the Na- regulation or implementing a procedure that any other Secretary of the Interior, to tional Gambling Impact Study Commission could result in tribal Class III gaming in the usurp the rightful role of Congress and to study the social and economic impacts of absence of a tribal-state compact or from the States in addressing the difficult legalized gambling in the United States. going forward with any proposed rule on this Part of our study concerns the policies and matter in fiscal 1999. question of casino gambling on Indian practices of tribal governments and the so- The U.S. Secretary of the Interior has pub- tribal lands. cial and economic impacts of gambling on lished a proposed rule in which he asserts au- As this controversial issue has devel- tribal communities. thority to establish such procedures, and he oped, we have been promised hearings During our July 30 meeting in Tempe, Ari- has indicated his intent to issue a final rule. in the Indian Affairs Committee. A zona the Commission discussed the Depart- The nation’s Governors strongly believe that year ago, I was given the offer to even ment’s ‘‘by-pass’’ provision for tribes who al- no statute or court decision provides the sec- invite some of the witnesses. From my lege that a state had not negotiated for a retary of the U.S. Department of the Interior perspective, if the promise of those gaming compact in good faith. The Commis- with authority to intervene in disputes over sion voted to formally request the Secretary compacts between Indian tribes and states proposed hearings had caused us to of the Interior to stay the issuance of a final about casino gambling on Indian lands. Such back off this amendment, the effect rule on Indian compacting pending comple- action would constitute an attempt by the would have been that Secretary Bab- tion of our final report. On behalf of the secretary to preempt states’ authority under bitt would have had his way today. Commission, I formally request such a stay, existing laws and recent court decisions and S10358 CONGRESSIONAL RECORD — SENATE September 15, 1998 would create an incentive for tribes to avoid The Attorneys General believe that the Mr. President, I ask unanimous con- negotiating gambling compacts with states. Secretary lacks any statutory authority for sent that the letter be printed in the The secretary’s inherent authority includes the proposed procedures. Twenty-five state RECORD. a responsibility to protect the interests of Attorneys General led by Attorney General There being no objection, the mate- Indian tribes, making it impossible for the Bob Butterworth filed a letter with the Sec- rial was ordered to be printed in the secretary to avoid a conflict of interest or retary setting out our views at length. We exercise objective judgment in disputes be- believe the Secretary must seek statutory RECORD, as follows: tween states and tribes. Governors have sub- amendments to the Indian Gaming Regu- NATIONAL LEAGUE OF CITIES, mitted comments to the department outlin- latory Act of achieve the authority he as- Washington, DC, September 14, 1998. ing these and other objections to the pro- serts and have encouraged him to engage in Hon. SLADE GORTON, posed rule. a dialogue with states and tribes to work to- Chairman, Subcommittee on Interior Appropria- The Governors have agreed to enter nego- ward that goal. tions, U.S. Senate, Washington, DC. tiations with Indian tribes and the U.S. De- While the short time frame before this Hon. ROBERT C. BYRD, partments of Interior and Justice to achieve year’s Interior Appropriations is marked up Ranking Member, Subcommittee on Interior Ap- consensus regarding amendments to the In- prevents us from conducting a formal survey propriations, U.S. Senate, Washington, DC. dian Gaming Regulatory Act of 1988. Pre- of the Attorneys General, we can assure you DEAR CHAIRMAN GORTON AND SENATOR liminary staff discussions will take place in that there is an informal consensus to urge BYRD: I am writing to you on behalf of the August or September in preparation for a that the moratorium remain in place during National League of Cities (NLC) to urge you to support the Enzi/Sessions amendment to meeting of principals in November. the coming fiscal year. Continuation of the the FY ’99 Interior Appropriations Bill which To avoid protracted litigation, provide moratorium will avert the need for costly seeks to continue the moratorium on imple- Congress with time to determine the proper and prolonged litigation over the Secretary’s mentation of procedures by the U.S. Sec- scope of the secretary’s authority in this administrative authority and encourage a retary of the Interior for fiscal year 1999. The area, and permit the negotiations among meaningful dialogue about amendments to tribes, states, and the federal government to NLC urges support of the Enzi/Sessions the IGRA which would benefit the Secretary, amendment in order to slow the creation of progress, the nation’s Governors respectfully the tribes and the states. urge Congress to adopt the Enzi/Sessions new trust land. While further legislation is Sincerely, required to remove the power of the Interior amendment to extend the current morato- NELSON KEMPSKY, Secretary to administratively create en- rium through the end of fiscal 1999 and pro- Executive Director, claves exempt from state and local regu- hibit the secretary from issuing a final rule. Conference of West- latory authority, passage of this amendment Thank you for your support of the Enzi/ ern Attorneys Gen- would be a first step in this process. Sessions amendment. The nation’s Gov- eral. Because passage of the Enzi/Sessions ernors look forward to working with you. CHRISTINE MILLIKEN, amendment would slow the creation of new It is signed by Governor George Executive Director & trust land in one narrow set of cir- Voinovich, the chairman; Tom Carper General Counsel, cumstances, NLC urges support of this of Delaware, the vice chairman; Gov- National Association amendment as a first step. The concept of al- ernor Romer of Colorado; Governor of Attorneys Gen- lowing an appointed federal official to over- eral. rule and ignore state and local land use and Lawton Chiles of Florida; Governor Mr. ENZI. Mr. President, we have taxation laws through the creation of trust Bob Miller of Nevada; Governor David lands flies in the face of federalism and Beasley of South Carolina; Governor also received a number of letters from intergovernmental comity. Howard Dean of Vermont; and Gov- individual Attorneys General from a The membership of the NLC has adopted ernor Tommy Thompson of Wisconsin. number of states, and my colleague policy which declares that: ‘‘lands acquired It is definitely a bipartisan list. from Alabama, who himself was a dis- by Native-American tribes and individuals Mr. ENZI. Mr. President, this amend- tinguished State Attorney General be- shall be given corporate, not federal trust, fore coming to the United States Sen- property status.’’ This policy is advocated ment is also supported by the National ‘‘in order that all lands may be uniformly Association of Attorneys General. I ate, will discuss these at more length. regulated and taxed under municipal laws.’’ would like to read from the attorneys This letter is also supported by the Na- The Supreme Court has ruled that provi- general letter of support. This is an ex- tional League of Cities. I would like to sions of the Indian Gaming Regulatory Act, cerpt. quote from this letter of endorsement. 25 U.S.C. 2701 et seq. (IGRA) violate certain This is from the National League of constitutional principles that establish the The Attorneys General believe that the obligations, immunities and privileges of the Secretary lacks any statutory authority for Cities representing the cities and states. The Interior Department appears to the proposed procedures. Twenty-five state towns across our Nation. be determined to implement the remaining Attorneys General led by Attorney General While further legislation is required to re- provisions of IGRA despite the fact that the Bob Butterworth filed a letter with the Sec- move the power of the Interior Secretary to Supreme Court decision really requires a retary setting out our views at length. We administratively create enclaves exempt congressional re-examination of the IGRA believe the Secretary must seek statutory from state and local regulatory authority, statute and the more general topic of trust amendments to the Indian Gaming Regu- passage of this amendment would be a first land designation. For these reasons, the NLC latory Act to achieve the authority he as- step in this process. strongly urges Congress to extend the cur- serts and have encouraged him to engage in Because passage of the Enzi/Sessions rent moratorium, as proposed in the Enzi/ a dialogue with states and tribes to work to- amendment would slow the creation of new Sessions amendment, through fiscal year ward that goal. trust land in one narrow set of cir- 1999. Mr. President, I ask unanimous con- cumstances, NLC urges support of this Sincerely, sent to have that letter printed in the amendment as a first step. The concept of al- BRIAN J. O’NEILL, President and Councilman. RECORD. lowing an appointed federal official to over- There being no objection, the mate- rule and ignore state and local land use and Mr. ENZI. Mr. President, there is a rial was ordered to be printed in the taxation laws through the creation of trust growing number of groups, including lands flies in the face of federalism and RECORD, as follows: the Christian Coalition which is very intergovernmental comity. NATIONAL ASSOCIATION OF concerned about the explosion of un- ATTORNEYS GENERAL, * * * * * regulated gaming in America. I have a Washington, DC, July 27, 1998. The Supreme Court has ruled that provi- letter from the Christian Coalition. I Hon. MICHAEL B. ENZI, sions of the Indian Gaming Regulatory Act, share with you a paragraph from that. U.S. Senate, Washington, DC. 25 U.S.C. 2701 et seq. (IGRA) violate certain Under the Indian Gaming Regulatory Act, Hon. JEFF SESSIONS, constitutional principles that establish the every State has the right to be directly in- U.S. Senate, Washington, DC. obligations, immunities and privileges of the volved in tribal-state compacts without Fed- DEAR SENATORS ENZI AND SESSIONS: We states. The Interior Department appears to eral interference. Every state also has the write in support and in appreciation of your be determined to implement the remaining right, as upheld by the Supreme Court in the proposed amendment to S. 2237, the Interior provisions of IGRA despite the fact that the Seminole Tribe of Florida v. Florida deci- Appropriations legislation. Last year’s Inte- Supreme Court decision really requires a sion, to raise its 11th Amendment defense of rior Appropriations bill contained a provi- congressional re-examination of the IGRA southern immunity if a tribe tries to sue the sion establishing a moratorium on imple- statute and the more general topic of trust state for not approving a casino compact. mentation of procedures by the Secretary of land designation. For these reasons, the NLC However, in the wake of the Seminole deci- the Interior to permit tribal gaming where a strongly urges Congress to extend the cur- sion, the Department of Interior has created state and a tribe stall in negotiations and rent moratorium, as proposed in the Enzi/ new rules whereby a tribe can negotiate di- the state asserts sovereign immunity in Sessions amendment, through fiscal year rectly with the Secretary of Interior on ca- court proceedings. 1999. sino gambling compacts and bypass a state’s September 15, 1998 CONGRESSIONAL RECORD — SENATE S10359 rights to be involved. These new rules are a a State’s borders. The amendment does Mr. CAMPBELL. Mr. President, I rise gross violation of states’ rights. An ensure that all stakeholders must be in opposition to the Enzi amendment unelected cabinet member should not be involved in the process—Congress, on Indian gaming. I think it is patently given sole authority to direct the internal tribes, States, the administration. unfair because it will result in prevent- activities of a state, especially with regards to casino gambling contracts. Mr. President, a few short years ago, ing Indian tribes from engaging in Christian Coalition is also very concerned the big casinos thought Wyoming business activities that are now en- with the severe social consequences of casino would be a good place to gamble. The joyed by non-Indian neighbors. If we gambling. There is much evidence that the casinos gambled on it. They spent a lot are going to talk about the merits of rise of casino gambling leads to a rise in of money. They even got an initiative gambling—and I noticed my friend family breakdown, crime, drug addiction, on the ballot. They spent a lot more from Wyoming spoke eloquently about and alcoholism. With such staggering reper- money trying to get the initiative the down side of gambling—maybe we cussions, it is vital that tribal-state gam- passed. I became the spokesman for the ought to shut down Reno and Las bling contracts remain within each individ- ual state and not be commandeered by an opposition. Vegas so millions, hundreds of millions unelected Federal official. When we first got our meager organi- of Americans cannot go there because zation together, the polls showed over I ask unanimous consent that this it is bad for their health or sight or 60 percent of the people were in favor of something. letter be printed in the RECORD. gambling. When the election was held, We are not here, by the way, Mr. There being no objection, the letter the casino gambling lost by over 62 per- President, to defend the actions of the was ordered to be printed in the cent, and it lost in every single county Secretary of Interior, and I hope we RECORD, as follows: of our State. The 40-point swing in pub- will not confuse that. His mismanage- CHRISTIAN COALITION, lic opinion happened as people came to ment is one thing, but the letter of the Washington, DC, July 9, 1998. understand the issue and the implica- law is something else. And I firmly be- DEAR SENATOR: When the Senate considers the FY ’99 Interior appropriations bill, an tions of casino gambling in Wyoming. lieve you can’t fix an otherwise good amendment sponsored by Senator Enzi (WY) That is a pretty solid message. We do bill, this Interior appropriations bill, and Senator Sessions (AL) is expected to be not want casino gambling in Wyoming. with a bad amendment. This simply offered. This amendment would protect The people who vote in my State have makes a good bill bad. states’ rights in negotiating tribal-state debated it and made their choice. Any The Indian Gaming Regulatory Act compacts, especially when negotiating ca- Federal bureaucracy that tries to force of 1988 was a compromise to give State sino gambling. casino gambling on us will obviously governments a voice in what kind of Under the Indian Gaming Regulatory Act, inject animosity. gaming would occur on Indian reserva- every state has the right to be directly in- Why did we have that decisive a volved in tribal-state compacts, without fed- tions within a State’s borders. This was eral interference. Every state also has the vote? We used a couple of our neighbor- an unusual break from Federal Indian right, as upheld by the Supreme Court in the ing States to review the effects of lim- policy because States have no constitu- Seminole Tribe of Florida v. Florida decision, ited casino gambling. We found that a tional role in negotiating with Indian to raise its 11th Amendment defense of sov- few people—a few people—make an tribes, as you know. ereign immunity if a tribe tries to sue the awful lot of money at the expense of I was here in 1988, in fact, and helped state for not approving a casino compact. everyone else. When casino gambling write that original authorizing legisla- However, in the wake of the Seminole deci- comes into a State, communities are tion, IGRA, the Indian Gaming Regu- sion, the Department of Interior has created changed forever and everyone agrees latory Act. There was no intent at the new rules whereby a tribe can negotiate di- rectly with the Secretary of Interior on ca- there are costs to the State. There are time to usurp State laws, but as with sino gambling compacts and bypass a state’s material costs, with a need for new law many laws we have passed, there have right to be involved. These new rules are a enforcement and public services. Worse been unintended consequences. The gross violation of states’ rights. An yet, there are social costs. And not way it was written, a State can prevent unelected cabinet member should not be only is gambling addictive to some a tribe from operating gaming facili- given sole authority to direct the internal folks, but once it is instituted, the rev- ties on its reservation simply by refus- activities of a state, especially with regards enues can be addictive, too. ing to negotiate with the tribe. And to casino gambling contracts. But I am not here to debate the pros that, of course, was upheld in the Sem- Christian Coalition is also very concerned with the severe social consequences of casino and cons of gambling. I am just trying inole decision. My friend from Wyo- gambling. There is much evidence that the to maintain the status quo so we can ming has spoken to that. rise of casino gambling leads to a rise in develop a legislative solution rather But in 1988, it didn’t occur to us, family breakdown, crime, drug addiction and than a bureaucratic mandate. when we were writing the bill, that alcoholism. With such staggering repercus- Mr. President, the rationale behind States might simply refuse to nego- sions, it is vital that Tribal-State gambling this amendment is simple. Society as a tiate in good faith. Since tribes are compacts remain within each individual whole bears the burden of the effects of limited to those types of gaming al- State and not be commandeered by an gambling. A State’s law enforcement, lowed under State law, we have tribes unelected federal official. social services, communities, and fami- prohibited from being in the same busi- The Enzi/Sessions amendment would pro- hibit the Secretary of Interior, during fiscal lies are seriously impacted by the ex- ness as their non-Indian neighbors. I year 1999, from establishing or implementing pansion of casino gambling on Indian think that is discriminatory in the any new rules that allow the Secretary to tribal lands. Therefore, a State’s popu- least. It is wrong to do that, and I circumvent a state in negotiating a tribal- larly elected representatives should think it violates the treaties. I should state compact when that state raises its 11th have a say in the decision about wheth- also point out to my colleagues that in amendment defense of sovereign immunity. er or not to allow casino gambling on many cases non-Indian gaming is pro- It also prohibits the Secretary from approv- Indian lands. This decision should not moted and even operated by State gov- ing any tribal-state compact which has not be made unilaterally by an unelected ernments. They certainly don’t want first been approved by the state. Christian Coalition urges you to protect Cabinet official. Passing the Enzi-Ses- the competition. states’ rights and vote for the Enzi/Sessions sions amendment will keep all the in- Since Congress’ intent under IGRA amendment to the FY ’98 Interior appropria- terested parties at the bargaining was that States should not have the tions bill. table. By keeping all the parties at the ability to unilaterally veto gaming on Sincerely, table, the Indian Affairs Committee Indian land, the Department of Interior JEFFREY K. TAYLOR, will have the time it needs to hear all has proposed regulations to address Acting Director of Government Relations. the sides and work on the legislation to this situation. Although the proposal Mr. ENZI. I want to point out that fix any problems that exist in the cur- may need refinement, we do not believe this amendment does not affect any ex- rent system. the Secretary should be precluded from isting tribal-State compact. It does not I urge my colleagues to stand up for at least developing and proposing alter- in any way prevent States and tribes the constitutional role of Congress and native approaches to State-tribal im- from entering into compacts where for the rights of all 50 States by sup- passes in the gaming negotiations. In both parties are willing to disagree on porting this amendment. fact, in a letter issued on September 9, class 3 gambling on tribal lands within I thank the Chair and yield the floor. the Bureau of Indian Affairs has stated S10360 CONGRESSIONAL RECORD — SENATE September 15, 1998 the Enzi amendment could be very tinue to be valid. Let me make it clear, and in some States the negotiations harmful in their ongoing negotiations. because sometimes my view is mis- with the Governors that must be ap- Coming from a Western State, I am construed, I support the right of Indian proved by the State legislature. as supportive as anybody of States tribes to enjoy entrepreneurial gaming The Enzi amendment does two rights, but those who say this new pro- activities to the same extent that things. No. 1, it prevents the Secretary cedure overrides the States are simply State law, as a matter of public policy, of the Interior from moving forward to wrong. Under the draft proposal, if a permits those entrepreneurial activi- promulgate the final regulation that State objected to a decision made by ties to be available to all. So this de- would, in effect, seek by regulation to the Interior Secretary, that State bate is not whether you agree with In- bypass or change the procedure that could challenge that decision in Fed- dian gaming or disagree with Indian currently exists. The second thing the eral court. For those who claim the In- gaming. I believe the tribes, subject to amendment does is to prevent the Sec- terior Department is acting without the qualification I have just stated, retary of the Interior from, in effect, legislative oversight, I would point out have a right to participate in gaming bypassing the compacting process and that Congress will have the authority to the extent that, as a matter of State authorizing a compact that is not in to review any proposed regulations be- policy, a State chooses to permit gam- compliance with State law. fore they take effect. As those proposed ing entrepreneurial opportunities. My colleague from Wyoming has regulations come before the authoriz- We have marked contrasts in the pointed out that this is an issue that is ing committees, any new gaming regu- West. The State of Utah, as a matter of bipartisan in nature; this is not some- lations will get a careful review, and if, State law—as the distinguished Sen- thing that divides us on a partisan after input from the rest of the Senate, ator from Colorado just pointed out— basis. It does not divide us regionally. those regulations are found to be unac- as a matter of State policy, permits no It does not divide us philosophically. ceptable, they simply will not pass. We form of gaming. It is, in my judgment, Some of my colleagues who have spo- will legislate a new approach if they do clear and properly so under IGRA that ken oppose gaming in all forms. I re- not pass. no tribe within the State of Utah spect that. This Senator does not take I understand that there are Members would have a right to participate in that position. But the National Gov- in the Chamber who are simply against any form of Indian gaming. ernors’ Association, the National Asso- gaming. That is not what this debate is The contrast to my own State is ciation of Attorneys General—both or- about. Under Federal law, tribes are quite marked. In Nevada, as a matter ganizations of which I have been privi- limited to the types of gaming allowed of public policy since 1931, a full range leged to be a member in the past when under the laws of the State in which of gaming entrepreneurial activities serving as attorney general and Gov- they reside. In my own State of Colo- are available to the citizens of Nevada, ernor of my State—have gone on record rado as an example, there are two and it is clear that the tribes in Nevada as supporting the Enzi amendment. tribes, the Southern Ute and the Ute have the same opportunity. And, in- The reason why they are supporting Mountain Ute. They are limited to slot deed, there have been five compacts ne- this amendment so strongly is they machines and low-stakes table games, gotiated with the tribes in the State of want to preserve the right of State just as the other gaming towns in Colo- Nevada to permit that. governments to determine, as a matter Under IGRA, gaming is divided into rado. In Utah, State law prohibits all of policy, what, if any, form of gaming three different categories referred to as gaming. Therefore, no tribes can do activity is permitted. any kind of gaming whatsoever, and class I, class II, and class III. Class I So, for those who find some type of the tribes in other States cannot do and class II are not a part of this dis- invidious discrimination in this proc- gaming if a State law prevents that. cussion. Class I deals with traditional Contrary to the statement already Indian games; class II deals with bingo, ess, I must say this Senator does not. made that there have been no hearings, and class III deals with casino types of To the extent that a State permits we have done hearings. We simply have gaming, including slot machines. gaming, it is clear that Governors are not gotten to the important part of the Again, to repeat, the premise of obligated to negotiate that same right legislation, which is a markup, but we IGRA is that a Governor of a State is to Indian tribes within the State. To will. This debate is about whether a obligated to negotiate with a tribe to the extent that a State, such as Utah Governor of a State can limit a type of provide the same opportunities to or Hawaii, permits no form of gaming, business activity to certain ethnic tribes in his or her State to the extent the Governors of those two States are groups. That is unfair and un-Amer- the States, as a matter of law, permit not required to enter into any kind of ican. Let’s not jeopardize a good bill gaming in general in that State. compact because those States, as a with a bad amendment. I urge my col- Here is what brings us to the floor matter of public policy, have the right leagues to vote against the Enzi again this year, as my distinguished to determine what that policy is, and amendment and allow the regulatory colleague from Wyoming points out. they have said, as a matter of public and legislative process to work. Under IGRA, what is contemplated in policy, they oppose gaming, do not I yield the floor, Mr. President. those States that permit any form of want any form to exist within the Mr. BRYAN addressed the Chair. gaming is a compacting process under State. The PRESIDING OFFICER. The Sen- State law, where the Governors—and, I must say, I thought we had hope- ator from Nevada. indeed, in the law of some States it is fully put this issue to rest a year ago Mr. BRYAN. Mr. President, I support the Governors and the State legisla- when we offered a similar amendment the Enzi amendment. I think a state- tors—are required to negotiate with to the appropriations bill. I thought we ment may be helpful to my colleagues the Indian tribes within that State to had sent a clear message that the Con- who have not followed this issue as provide those tribes with an equal op- gress of the United States does not closely as the Senators who have portunity to participate in the entre- want the Secretary of the Interior to joined us on the floor for purposes of preneurial aspects of gaming. There is bypass a process provided by law; discussing this amendment, the state- no quarrel by this Senator with respect namely, for Indian tribes to negotiate ment of Justice Oliver Wendell Holmes to that approach. with the Governors as to what kind of that a page of history may be more in- Here is what gives us cause for great gaming activity is to be permitted in structive than a volume of logic. This concern. Some tribes have asserted that State consistent with that State’s issue dates back to the time of a court that if the Governors of a respective public policy. No sooner had this issue decision involving the Cabazon Indian State refuse to grant them everything been approved by this body, the other Tribe. As a result of that decision, the they want by way of gaming, even body, and it became part of the Inte- Congress, in 1988, passed the Indian though what they want is beyond what rior appropriations bill last year, than Gaming Regulatory Act, which has is permitted as a matter of State law, the Secretary of the Interior began a been referred to in the course of this that that constitutes bad faith in the rulemaking process that, in my judg- debate as IGRA. negotiating process. They want to be ment, is violative of the spirit and con- I think the philosophical able to bypass that process; namely, trary to the law in terms of what is his underpinnings of that legislation con- the negotiation with the Governors, authority. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10361 It is that disagreement that brings amendment when this comes for a vote. even that is not a rival to anything the Governors from all regions of the coun- I yield the floor. Senator has in a State that has legal- try, Democrat and Republican, in sup- Mr. DOMENICI addressed the Chair. ized gaming. port of the Enzi amendment. It is that The PRESIDING OFFICER (Mr. Our Indian people would like to con- same concern that brings the Nation’s GREGG). The Senator from New Mexico. test the 16 percent. Isn’t it interesting, attorneys general together in a similar Mr. DOMENICI. Mr. President, I have the Seminole case, which I just recited, bipartisan way to strongly support the the greatest respect for the junior Sen- prevents them from going to court, so Enzi amendment. They do so as a mat- ator from Wyoming. I have heretofore they can get no relief from what they ter of preserving and protecting the on other occasions accepted and sup- want to argue is an illegal imposition ability of each State to determine how ported his various concerns in this of this license fee, or at least arbitrary much, if any, or how little, gaming is area, but I want to share with him and and unreasonable based upon what to be permitted within that State. the Senate a situation that perhaps de- they are making. There they sit. So, this is not, my colleagues, an serves some special consideration for The point of it is there is at least a issue of whether one favors Indian New Mexico, even if it is for a time cer- hope and an avenue for potentially get- gaming or opposes Indian gaming. It is tain. Let me, as best I can, explain ting this issue into the courts if you not an issue of whether you support this. leave the section in the law that Sen- gaming or oppose gaming. This amend- First of all, there is a case called the ator ENZI chooses to remove from the ment is designed to preserve the exist- Seminole case, very much understood law, because it provides for a remedi- ing law which gives to each State Gov- in Indian country. It pertains to gam- ation section and a Secretarial proce- ernor and the legislature the ability in ing in this manner. The Federal courts dure which is being removed, so we will that State to determine whether gam- have ruled under the Seminole case leave them in the status quo with no ing is to be permitted and, if so, what that the States are immune from suit way to challenge. form of gaming. and that means they can’t be sued by Frankly, I repeat, I don’t know This is an extraordinarily significant an Indian tribe. So we start with that whether their challenge is going to be piece of legislation. I must say, I am premise. valid or not, but it seems a little bit not familiar with any circumstances In the State of New Mexico, we have unfair that there is no way to chal- currently in the country where the 14 Pueblos and two Apache tribes that lenge it even when a Secretary of the tribes have not been able to negotiate have gaming houses and have com- Interior is suggesting that the States a compact with those States that per- pacts. But the compacts are very dif- didn’t have the authority to impose mit some form of gaming. At last ferent than anyone else’s in the coun- that tax or that much. The Secretary count, there were 150 compacts nego- try, for a couple of reasons. can’t do anything about it either, be- tiated in 20 States, pursuant to the law First of all, in order to make the cause all he does is sign the pacts or let that was enacted by Congress in 1988. I compacts valid, the Supreme Court of them go into effect based on the expi- am not suggesting that IGRA is per- the State of New Mexico ruled that the ration of time. In either case, you will fect. I am not suggesting that some legislature had to be involved in get- have left the 16 percent license fee, modification or change may not be ting this done, not just the Governor. gross fee, in place with no way to chal- needed with respect to some aspect. The State of New Mexico, through its lenge it in any court because of the But that is a decision for the Congress legislature, I say to my friend Senator Seminole case. of the United States, not a decision for I say to the Senator from Wyoming, ENZI, came along and imposed, not by the Secretary of the Interior. So I im- way of compact agreement, but just he is probably going to win today. I plore my colleagues to support the haven’t had a chance to explore how we imposed as part of the authority for Enzi amendment in a bipartisan fash- might effect some justice and fairness the Governor to enter into a compact, ion, because what it seeks to accom- here, but I do suggest that it is at least that each casino owned by the various plish is to reserve to the respective right for me to come down here and ob- Indian groups be charged 16 percent on States the ability to determine what ject, and I believe there might be a way gross slot machine revenues. public policy will be with respect to that you can ameliorate New Mexico’s Obviously, that has not been nego- gaming activities conducted within problem by exempting them, by leav- tiated, and my friend from Nevada is that State. ing the statute that we are concerned talking about compacts that are nego- As I have observed throughout my with in place for the New Mexico li- tiated and that he doesn’t know of any comments, to the extent that a State censed casinos. as a matter of public policy has deter- situation where they were not nego- If you say you don’t want it any- mined that they will permit some form tiated. I am suggesting one where they where else, you want to wipe it out be- of gaming, it is clear in IGRA that were not negotiated, but pursuant to a cause it may have an opportunity to State Governors are obligated to nego- mandate from the legislature that get around the need for compacts, you tiate those same entrepreneurial op- charged them 16 percent gross tax on could at least leave it in effect some- portunities, and I have no quarrel with slot machines. They either took it or how or another for those in New Mex- that. That is the law. But what we are left it. The Secretary, I say to the Sen- ico who are suffering under the situa- really talking about here is an attempt ator from Wyoming, said, ‘‘I’m not tion which I have just described. to make an end run around IGRA. To going to sign the pacts, because if I Having said that, because of this, ob- the extent that the Secretary of the In- sign them, I am at least implicitly viously I can’t vote aye on the amend- terior, by regulation or by determining agreeing that the legislature can tax ment. You don’t need to worry because that an impasse exists, is able to by- Indian casinos.’’ I haven’t been out lobbying Senators pass the State compacting process, no He let the pacts go in under a provi- because this is a particular problem, longer is it the State determining what sion that says if he doesn’t sign it very peculiar and particular to New the public policy with respect to gam- within a certain amount of time, it Mexico. The Indian people think they ing in that State may be. It is the Sec- goes into effect anyway. have a case for just fairness, that they retary of Interior. I have great respect We have compacts with our Indian ought to be able to challenge this, and for the Secretary of Interior but, with tribes being assessed 16 percent, and I they will never have a chance to chal- great respect, that is not an authority am not here to ask the U.S. Senate for lenge it if your amendment wipes out that he, or any Secretary of Interior, relief from that, for I don’t even know the statute which gives the Secretary ought to have. if 16 percent is right or not. All I know some additional power. That is an authority that ought to be is it is a very big piece of money for The Pueblo of Laguna in New Mexico reserved to the State and the State leg- very small casinos, but we have noth- has done a great deal of research on islature. We would do real violence to ing yet in New Mexico that rivals the this. I ask unanimous consent that the very carefully crafted balance that smallest, most minute casino in the their analysis be printed in the was accomplished in IGRA when that State of the distinguished Senator RECORD. was adopted a decade ago. from Nevada who just argued in favor There being no objection, the mate- For that reason, Mr. President, I urge of the Enzi amendment. They are very rial was ordered to be printed in the my colleagues to support the Enzi small casinos, with one exception, and RECORD, as follows: S10362 CONGRESSIONAL RECORD — SENATE September 15, 1998

ENZI-REID-SESSIONS RIDER MUST BE RE- PUEBLO OF LAGUNA POSITION ON ‘‘ENZI-REID- compacts with tribes). However, the Court JECTED—CONGRESS SHOULD NOT ALTER SESSIONS’’ INDIAN GAMING RESTRICTIONS FY left intact IGRA’s provision which allow the FEDERAL POLICY AND STATUTORY PROTEC- 1999 INTERIOR APPROPRIATIONS BILL Secretary of the Interior to promulgate al- TIONS OVER INDIAN AFFAIRS BY ATTACHING The Pueblo of Laguna strongly opposes the ternate regulations for the Class III gaming RIDERS TO ANNUAL APPROPRIATIONS BILLS budget riders to the FY 1999 Interior Appro- where an impasse develops in state-tribal gaming negotiations. That is because, under A. ENZI-REID-SESSIONS RIDER IS A MEANS OF IM- priations Bill, which would place restrictions the Federal trust responsibility to protect PROPERLY CIRCUMVENTING FEDERAL LAW on Indian gaming activities that are other- Indian tribes, Congress never intended to WHICH PROTECTED TRIBAL GOVERNMENTS wise recognized and authorized pursuant to the Indian Gaming Regulatory Act of 1988 leave tribes completely at the mercy of the Enzi-Reid-Sessions Rider is an unfair, by- (‘‘IGRA’’). Enzi-Reid-Sessions amendment to states in regard to Indian gaming. Congress pass of the legislative process. the Interior Appropriations Bill (‘‘Enzi-Reid- intended to authorize only ‘‘good faith’’ sov- Enzi-Reid-Sessions Rider unfairly subordi- Sessions Rider’’) would prohibit the Sec- ereign-to-sovereign negotiation. Yet is im- nates tribal authority to pursue reservation retary of the Interior from promulgating al- portant to recognize that state gaming laws economic development in violation of the ternate compacting procedures where an im- and policy are adhered to under the Sec- federal trust responsibility to protect Indian passe occurs in tribal-state negotiations, and retarial procedures avenue. Therefore, the tribes and to promote tribal economic self- it would prevent the Secretary from approv- Secretarial procedures do not provide a ‘‘by- determination. ing Class III gaming compacts that have not pass’’ of state law, as alleged by the pro- Enzi-Reid-Sessions Rider would effectively been the product of the tribal-state negotia- ponents of the Enzi-Reid Sessions Rider. The Pueblo of Laguna strongly opposes the give states what amounts to a unilateral tion and agreement Enzi-Reid-Sessions Rider Enzi-Reid-Sessions Indian gaming restric- ‘’veto’’ over Indian gaming, which is incon- would constitute an unfair circumvention of tions budget rider to the FY 1999 Interior Ap- sistent with federal law, the Indian Gaming IGRA’s provisions which were designed to propriations Bill. Regulatory Act of 1988 (‘‘IGRA’’). protect tribal governments. Enzi-Reid-Ses- Enzi-Reid-Sessions Rider is a drastic sions Rider will constitute an denial con- A. THE ENZI-REID-SESSIONS RIDER UNDERMINES means to amend IGRA, and it would alter a stitutional due process because gaming FEDERAL LAW AND POLICY REGARDING TRIBAL change in federal-tribal relations. Such a tribes in New Mexico will be left without a SELF-GOVERNMENT AND THE FEDERAL/TRIBAL drastic change should not be done through remedy to address injustices that over oc- GOVERNMENT TO GOVERNMENT RELATIONSHIP the mechanism of a budget rider attached to curred over gaming. 1. Self-Government is a Natural Right of In- a spending bill, with no hearings, findings, The Pueblo of Laguna protests these budg- dian Peoples. Tribal governments predate the tribal consultation of input. et riders on substantive and procedural formation of the United States, and as In- Enzi-Reid-Sessions Rider will deny Indian grounds. First, the budget riders unfairly dian peoples, we retain our original, natural tribes notice and an opportunity for hearing subordinate an area of inherent tribal gov- right to govern ourselves on our own lands. which is tantamount to a denial of the ‘‘due ernmental authority, on reservation eco- Under the Federal trust responsibility to process’’ guaranteed by the U.S. Constitu- nomic development, to state government au- protect Indian tribes, Congress should de- tion. thority in violation of the Federal trust re- velop Indian affairs legislation based on con- sultation and consensus with Indian tribes. B. THE GAMING TRIBES IN NEW MEXICO WILL sponsibility to protect Indian tribes from the Anything less deprives Indian tribes of our HAVE NO REMEDY TO ADDRESS THE INJUS- often hostile state governments. Second, inherent human rights to self-government. TICES THAT OCCURRED OVER THE STATE’S since the formation of the Union, the United The Enzi-Reid-Sessions Rider would con- FAILURE TO NEGOTIATE OVER GAMING ACTIVI- States has dealt with Indian tribes on a bi- stitute an extreme altering of the com- TIES ON TRIBAL LANDS lateral government-to-government basis be- cause Indian peoples have a natural, human prehensive IGRA legislation, which strikes a In New Mexico, IGRA’s Secretarial proce- right to self-government that predates the careful balance between federal, tribal, and dures provisions are necessary to provide a formation of the United States. The proposed state interests. It is inappropriate and dis- remedy to the tribal governments who have budget riders amount to nothing less than respectful to pursue such important sub- been unsuccessful in obtaining negotiated legislative ‘‘fiats,’’ which disregard our gov- stantive tribal legislation as budget riders to tribal/state Class III compacts, a negotiated ernment-to-government relationship and annual appropriations measures. The at- process that the states clamored to obtain tread on our inherent, human right to self- tempt to alter the face of such legislation when IGRA was enacted. There are 14 com- government on our traditional homelands. would signal a change in federal-tribal rela- pacts in New Mexico, known as the ‘‘HB 399 Before the passage of the Indian Gaming tions. Clearly, this should not be done Compacts’’ which are the product of a state Regulatory Act of 1988 (‘‘IGRA’’), states had through the mechanism of a budget rider at- legislative process, and which were not nego- no authority to regulate Indian gaming. The tached to a spending bill, with no hearings, tiated by any of the gaming tribes. regulation of Indian gaming was the subject findings, tribal consultation or input. The gaming tribes in New Mexico were of inherent tribal government authority. The 2. Government-to-Government Relations. The forced to (1) to accept the compacts that states, however, clamored for the passage of Enzi-Reid-Sessions Rider would undermine they had no voice in drafting and which were the IGRA to provide them a ‘‘voice’’ in the the government-to-government relationship contrary to the federal law which authorized development of Indian gaming regulatory between the United States and the Indian the compact, or (2) to reject HB 399 and risk systems. Hence, IGRA was enacted to build nations, which is grounded in the United closure and criminal prosecution by the U.S. strong tribal governments, spark economic States Constitution and reflects inherent Attorney. No state in this country would tol- opportunities on depressed tribal lands and tribal rights of self-government. Congress erate such unfair and coerced treatment by economies, and it was a compromise that has long recognized its trust responsibility another government. provided states an opportunity to negotiate to protect and promote tribal self-govern- Some gaming tribes in New Mexico have in ‘‘good faith’’ for a role in regulating gam- ment. At the very least, members of Con- challenged certain provisions of the New ing on Indian lands. As initially enacted, gress should have the opportunity to fully Mexico HB 399 compacts as being contrary to IGRA gave states a ‘‘voice’’ in regard to In- examine what impact the Enzi-Reid-Session IGRA, and therefore, a violation of federal dian gaming, not a ‘‘veto.’’ IGRA’s ‘‘good Rider will have upon tribal governments and law. HB 399 calls for a 16 percent ‘’revenue- faith negotiation’’ provision mandated states to hear from the tribal governments that sharing’’ with the state and hefty flat regu- to negotiate in good faith for Class III com- will be impacted by the legislation. Clearly, latory fees, even through IGRA prohibits the pacts with Indian tribes for gaming activi- adoption of the Enzi-Reid-Sessions Rider will state from assessing fees, taxes, and other ties that are permitted to be played in the undermine this government-to-government levies on tribal gaming and requires that state by any person or entity. Tribes do not relationship. Moreover, denying Indian regulatory costs bear relation to the actual have to blindly accept state regulatory laws tribes notice and an opportunity for hearing costs of regulating gaming activists. because we have our own laws. IGRA intends is tantamount to a denial of the ‘‘due proc- In addition, opponents of New Mexico In- tribes and states to enter the negotiation ess’’ guaranteed by the United States Con- dian gaming have challenged the validity of and true sovereign-to-sovereign accommoda- stitution. HB 399 compacts. If this action succeeds, the tion. If states decline to negotiate in good B. NEW MEXICO GAMING TRIBES NEED IGRA’S AL- gaming tribes will be prevented from getting faith, IGRA provides tribes with a remedy; TERNATE SECRETARIAL PROCEDURES TO PRO- the state to the negotiating table, due to the IGRA authorized tribes to sue states in fed- VIDE ADEQUATE SAFEGUARDS AND RELIEF state’s 11th Amendment immunity from suit. eral court for failure to conduct good faith 1. Without IGRA’s Secretarial procedures, Again, the unfair and unjust result will be negotiations. tribes in New Mexico will have no remedy. In that gaming tribes in New Mexico will have In 1996, the U.S. Supreme Court disrupted New Mexico, the IGRA’s alternate proce- no remedy to address these federal law viola- this careful compromise between tribal and dures are necessary to provide a remedy to tions. state interests by striking down the author- the tribal governments who have been unsuc- The Pueblos and Indian tribes in New Mex- ization to tribes to sue states for failure to cessful in obtaining negotiated tribal/state ico who may seek to conduct lawful gaming negotiate in good faith on the grounds that Class III Gaming compacts. Currently, there activities on their tribal lands will have no the states’ 11th Amendment immunity from are 14 compacts in effect in New Mexico avenue to bring the state to the negotiating suit bars such an action in federal court since 1997. They were never negotiated and table. This is an unfair and unjust result (even though the states had originally asked they contain provisions which are detrimen- that will leave these tribes with no remedy. Congress for the opportunity to negotiate tal to tribal governments and which may be September 15, 1998 CONGRESSIONAL RECORD — SENATE S10363 in violation of federal policy. These com- gaming legislation offered by delegations for his amendment and his work on pacts are referred to as ‘‘HB 399 Compacts’’ from other states. this issue. In his comments he has laid because they are the product of a state legis- out a detailed and comprehensive anal- THE NEED FOR SECRETARIAL PROCEDURES: lative process which has no room for tribal ysis of the problem and has stated governments at the negotiating tables. (HB STATE LAW INVALIDATION OF APPROVED 399 refers to the House Bill enacted by the COMPACTS plainly and with integrity and insight New Mexico Legislature). The gaming tribes Under the decisions in State ex rel. Clark exactly how it is we ought to deal with in New Mexico were faced with the uncon- v. Johnson and Pueblo of Santa Ana v. Kelly, it. scionable choice: (1) to accept the compacts a tribal-state class III gaming compact that Let me try to briefly share some that they had no voice in drafting and which has been approved by the Secretary and has thoughts I have on this matter. I was appeared to violate the federal law which au- ‘‘taken effect’’ under IGRA can nevertheless attorney general of the State of Ala- thorized the compact, or (2) to reject HB 399 be declared invalid on the basis of a state- bama. In this capacity I was one of 25 and risk closure and criminal prosecution by court determination that the compact was attorneys general who signed, just over the U.S. Attorney. No state in this country never validly entered into by the state. Such would tolerate such unfair and coerced treat- a decision, based strictly on principles of two years ago, a letter to the Secretary ment by another government. state statutory or constitutional law, would of the Interior indicating to him our 2. The HB 399 Compacts impose an imper- be unreviewable by any federal court. firm conviction and legal opinion that missible 16 percent gross receipts ‘‘tax’’ on The case of State ex rel. Coll v. Montoya, he did not have the authority to enter the Indian tribes of New Mexico, which the currently pending in state district court in into compacts with Indian tribes in the tribes must pay to the state before they earn Santa Fe (on temporary remand from the manner detailed in the proposed regu- one penny for themselves from their own es- state Supreme Court), is a broad attack on tablishments. As a result, some of New Mexi- the validity of House Bill 399, as enacted by lations he drafted. Let me tell you why co’s tribes are no longer able to profitably the 1997 New Mexico legislature, the bill that that is very important. operate gaming establishments. Two of the authorized the governor to sign compacts Alabama has one recognized Indian Pueblos have filed a federal court action and revenue-sharing agreements with the tribe, the Poarch Band of Creek Indi- against the Secretary of the Interior relating tribes. Just as in Clark, the tribes are not ans, a very fine group. Chairman Tullis to his failure to review and remove HB 399’s parties to the case, and so far the courts of that tribe is a friend, and I have sixteen percent of slot machine revenue have turned a deaf ear to the argument that known him for many years. We had oc- sharing requirement, and the hefty flat regu- inasmuch as the case seeks to invalidate the casions, when I served as Federal U.S. latory fees that must be paid to the sate pur- compacts, it should not be allowed to pro- attorney, to work on a number of suant to HB 299, as both being violative of ceed in the absence of the tribes as parties. federal law. IGRA prohibits the state from (In federal court, that point would conclu- issues, and I have always admired his assessing fees, taxes and other levies on trib- sively lead to dismissal of the case.) commitment and work. al gaming, and it requires that regulatory If the Supreme Court were ultimately to He has at that Indian tribe a large costs must bear relation to the actual costs rule for the plaintiffs in Coll, and hold that bingo parlor. They make a considerable of regulating Indian gaming. The United HB 399 is invalid, that could mean that Gov. amount of money on it. Under Alabama States has filed a motion to dismiss based on Johnson never had valid authority from the law the tribe has the ability to build a the legal argument that the case cannot go legislature to sign the compacts, and that horse racetrack or a dog racetrack. But forward without the state of New Mexico, be- the compacts are ‘‘void ab initio’’ (invalid under the law the tribe does not and cause the state is an indispensable party from their inception), as the court said in that cannot be jointed due to its 11th Clark. has not been given the authority by the Amendment immunity from suit. Therefore, In short, even if a state legislature agrees Governor of the State of Alabama to the alternate Secretarial procedures author- to a compact, and the compact is approved build a casino. Alabama has debated ized by IGRA are necessary to provide the and takes effect under IGRA, the decisions in this repeatedly, and the casino advo- New Mexico gaming tribes a remedy in the Clark and Santa Ana mean that state courts cates have failed. event that the Pueblos are judicially pre- are still free to invalidate the compact on Let me provide some further back- vented from obtaining relief. Preferably, the state law grounds, even without the tribes ground on this Alabama example. In being able to be heard. Tribes attempting to New Mexico gaming tribes would prefer to Alabama, the Poarch Creek tribe has seek a negotiated resolution with the state operate in good faith under approved com- to resolve these types of issues; but, pursu- pacts thus have no legal protection what- about 2000 members, and it owns about ant to the states’ 11th Amendment immu- ever, and their rights can be cut off at the 600 acres of property. It has been recog- nity, the state cannot be compelled to nego- whim of a state Supreme Court. nized for less than 30 years, and it is a tiate with tribal governments over these Allowing the regulations authorizing the small tribe. But they own property, matters. Secretary to issue ‘‘procedures’’ under which near both Mobile, AL, where their pri- 3. HB 399 also contains a binding arbitra- a tribe could conduct class III gaming even if mary location is, and also near tion provision which is designed to provide a the state refuses to enter into a compact Wetumpka, Alabama. The city of mechanism to address and resolve any provides tribes with some leverage against breaches of the compact of failure to comply recalcitrant states, and against parties who Wetumpka is near Montgomery, AL, therewith. Accordingly, other tribes in New would seek to invalidate approved compacts and is roughly 180 miles away from Mo- Mexico are engaged with the state in binding as described above. By giving the tribes an bile. The tribe would like to build casi- arbitration over the sixteen percent revenue alternative, assuring them that (as Congress nos outside of Mobile and outside of sharing and the regulatory fees. However, in intended) they would be able to conduct Montgomery and Birmingham, AL, in this context there is a real question of class III gaming that is permitted in the the little town of Wetumpka where whether the arbitrator can address the con- state even if they cannot achieve valid, ap- they have property. stitutional preemption question of whether proved compacts, the regulations change the Do you see the significance of this? If strategic balance as between tribes and the the IGRA preempts HB 399’s flat assessment the Secretary of the Interior can over- of a set revenue sharing and regulatory fees. state. The state will be forced to act reason- Assuming that the New Mexico gaming ably, and anti-gaming zealots will be forced ride the opinion of the people of the tribes are prevented form going forward with to recognize that by going to court to attack State of Alabama and give this Indian their federal court action and assuming that approved compacts they may cause a situa- tribe the right to build casinos on their the HB 399’s arbitration process lacks the tion in which tribes will be able to engage in land, then they could build at least requisite authority to decide federal preemp- class III gaming (under secretarial proce- two, maybe three casinos in Alabama tion questions, the tribes will be left without dures) with the state cut out of the process and would, in fact, abrogate the consid- any remedy to address these important (and the revenues) entirely. This restores the ered will of the people of the State who issues. balance that Congress attempted to create in 4. In addition to the above-stated obsta- IGRA, and gives the tribes a fair opportunity have consistently rejected casino gam- cles, other opponents of Indian gaming in to enjoy this important economic develop- bling. New Mexico have filed an action challenging ment opportunity. It is just that simple. This is not an the validity of HB 399. If this action is suc- Mr. DOMENICI. I thank the Chair, insignificant matter. We are talking cessful, the tribes will be without a remedy and I yield the floor. about giving the Secretary of the Inte- in any forum. rior, who is now under investigation by Clearly, New Mexico and other states Mr. SESSIONS addressed the Chair. The PRESIDING OFFICER. The Sen- a special prosecutor for campaign con- should not be given what amounts to a tributions arising out of his approval of ‘‘veto’’ over Indian gaming by the Enzi-Reid- ator from Alabama. Sessions Rider. New Mexico Indian gaming is Mr. SESSIONS. Thank you, Mr. one Indian tribe’s activities with re- a good, productive local industry, which we President. gard to gambling, the unilateral au- respectfully submit should be protected by I would first like to congratulate the thority to override the considered opin- our New Mexico delegation from anti-Indian Senator from Wyoming, Senator ENZI ion of States all over this country. If S10364 CONGRESSIONAL RECORD — SENATE September 15, 1998 this amendment doesn’t pass we are fidence that the Secretary listens when the tinent in pristine condition because of talking about the Secretary of the In- states tell him that he lacks the power to their wise stewardship. terior having the ability to enrich se- override their Eleventh Amendment immu- Even after the advent of European lected tribes by millions or hundreds of nity and that he operates under an incurable contact, most tribal groups continued millions of dollars overnight by the conflict of interest when he proposes to act their subsistence way of life. Their cul- [himself] as a mediator. The proposed stroke of a pen. amendment is necessary to stop further ac- ture and their religions sustained That is a powerful thing. You can tion on the Secretary’s part. them. And, Mr. President, they had raise a lot of campaign money with His opinion is shared, as I mentioned, very sophisticated forms of govern- that ability to do such a thing. I do not by the National Association of Attor- ment, so sophisticated and so clearly think it is healthy. The attorneys gen- neys General. A number of other attor- efficient and effective over many cen- eral association, the National Associa- neys general have written me to ex- turies that our Founding Fathers could tion of Attorneys General, steadfastly find no other better form of govern- opposes the regulations promulgated press that same position as well. Mr. President, I say again, this is not ment upon which to structure the gov- by the Secretary of Interior that would a matter of theoretical debate now. We ernment of a new nation, the United give him this ability, and strongly sup- States of America. ports the Enzi-Sessions amendment. are beyond that. It is a matter of real public policy. And if you allow every So our Founding Fathers—Benjamin Allowing the Secretary to have this Franklin, THOMAS Jefferson—adopted kind of power is wrong. He does not Indian reservation in America to over- night, or step by step, tribe by tribe, the framework of the Iroquois Confed- have the constitutional power to do it, eracy, a true democracy, and it is upon first, in my opinion, yet he persists in after having to wine and dine the Sec- retary of the Interior and sweet-talk that foundation that we have built this suggesting that he does and is moving great Nation. But, unfortunately, there forward with regulations that appear the Secretary of the Interior and the President and maybe making campaign came a time in our history when those to suggest that in fact he will. in power decided that the native people So what is the first thing that is contributions, to induce him to ap- were an obstacle, an obstruction to the going to happen if the Secretary’s reg- prove gambling, then we are going to new American way of life and later to ulations are enacted? Lawsuits are have one of the most massive erosions the westward expansion of the United going to spring up all over the country of the public’s ability to set social pol- attacking his authority to do this and icy within their State we have ever States. So our Nation embarked upon a cost all kinds of money. And we are seen. This is really a major event. course of terminating the Indians by going to continue with litigation in- Senator ENZI’s proposal is reason- volving it. I think ultimately he is able. I am proud to be a cosponsor with exterminating them through war and going to lose. But what we are saying him on it. It simply delays this thing the distribution of blankets infected is, let us not go down that road; let us so we can make sure we are doing the with smallpox. We nearly succeeded in not do that. right thing. wiping them out. Anthropologists and Let me show you what the midsized As to Senator DOMENICI’s problem, I historians estimate that there were city of Wetumpka feels about this think that will need to be dealt with anywhere from 10 million to 50 million issue. Wetumpka is a wonderful town. I specifically and not as part of this indigenous people occupying this con- have a number of friends there. This is amendment. But I believe we cannot tinent at the time of the European con- what the mayor, Jo Glenn, wrote me. allow this amendment to fail. The Gov- tact. By 1849, when the United States She writes this: ernors, the attorneys general, groups finally declared an end to the era Our infrastructure and police and fire de- like the Christian Coalition, and oth- known as the Indian wars, we had man- partments could not cope with the burdens ers, support this amendment, because aged to so efficiently decimate the In- this type of activity would bring. [That is a they recognize the negative con- dian population that there were a mere casino.] The demand for greater social serv- sequences that arise from allowing the 250,000 native people remaining in the ices that comes to the area around gambling lower 48. facilities could not be adequately funded. Secretary of Interior to exert this sort of power. Having failed in that undertaking, we Please once again convey to Secretary Bab- next proceeded to round up those who bitt our city’s strong adamant opposition to I again thank Senator ENZI for his gaming facilities. leadership. survived, forcibly marched them away The City of Wetumpka support this Mr. President, I yield the floor. from their traditional lands, and across amendment. Additionally, the Mont- Mr. INOUYE addressed the Chair. the country. Not surprisingly, these gomery Advertiser states in an edi- The PRESIDING OFFICER. The Sen- forced marches—and there were many torial written opposing the Secretaries ator from Hawaii. of these trails of tears—further reduced proposed regulations that: Mr. INOUYE. Mr. President, I rise the Indian population because many today, as I have in prior years, to op- Direct Federal negotiations with tribes died along the way. without State involvement would be an pose the amendment proposed by my Later, we found the most inhos- unjustifiably heavy-handed imposition of au- colleague, the Senator from Wyoming, pitable areas in the country on which thority on Alabama. The decision whether to Senator ENZI. to relocate the native people and ex- allow gambling here is too significant a deci- Mr. President, I have had the privi- pected them to scratch out a living sion economically, politically, socially to be lege of serving on the Committee on In- there. Of course, we made some prom- made in the absence of extensive State in- dian Affairs for over 20 years. And I be- ises along the way; that in exchange volvement. A casino in Wetumpka—not to lieve that in order to fully appreciate for tribal lands in the millions of acres mention the others undoubtedly that would follow in other parts of the State—has impli- and understand the matter before us, a we would provide them with edu- cations far too great to allow the critical de- brief review of the history of our rela- cation—at least we promised them edu- cision to be reached in Washington. Alabama tionship with Indian country might cation—health care and shelter. has to have a hand in this high-stakes game. help, because over the course of those We told them, often in solemn trea- Let me note that others have ex- 20 years, I have learned a bit about the ties, that these new lands would be pressed similar objections to the Sec- state of Indian country and the perva- theirs in perpetuity. There are many retary’s proposed regulations. Attor- sive poverty which is both the remnant wonderful treaties in our archives, ney General Robert Butterworth of and result of too many years of failed some that begin with phrases: Florida and Attorney General Gale Federal policies. As long as the sun rises in the East and Norton of Colorado have written ex- Mr. President, there was a time in sets in the West, and waters flow from the pressing support for this amendment. our history when the native people of mountain tops to the sea, this land is yours. My successor as Attorney General of this land thrived. They lived in a state We promised them that their tradi- Alabama, Bill Pryor, who is a brilliant of optimum health. They took from the tional way of life would be protected lawyer, Tulane graduate, editor-in- land and the water only those re- from encroachment by non-Indians and chief of the Tulane Law Review, and a sources that were necessary to sustain that we would recognize their inherent fine legal scholar—says: their well-being. They were the first right as sovereigns to retain all powers Again, I strongly support the proposed stewards of the environment. And of government not relinquished. Their amendment [Enzi-Sessions]. I have no con- those who came later found this con- rights to hunt, fish, gather food, to use September 15, 1998 CONGRESSIONAL RECORD — SENATE S10365 the waters that were necessary to sus- country, and would have reflected the what the Congress has been unable to tain life, were also recognized as pre- fact that as a general proposition, it is accomplish in the past few years. served in perpetuity for their use. Federal law, along with tribal law, that Following the Supreme Court’s 11th But over the years, these promises governs most all of what may transpire amendment ruling, the Secretary took and others were broken by our Na- in Indian country. a reasonable course of action. tional Government, and our vacilla- But State government officials—Gov- He published a notice of proposed tions in policies, of which there were ernors, attorneys general—came to the rulemaking, inviting comments on his many, left most reservation commu- Congress, demanding that a role in the authority to promulgate regulations nities in economic ruin. regulation of Indian gaming be shared for an alternative process to the tribal- It grieves me to repeat this, but with them. Ultimately, we acquiesced state compacting process established there were 800 treaties solemnly en- to those demands. After much thought, in the Indian Gaming Regulatory Act. tered into by the Government of the many hearings, much debate, the Con- Thereafter, he followed the next ap- United States and the leaders of Indian gress of the United States selected a propriate steps under the Administra- country—800. It was the responsibility mechanism that has become customary tive Procedures Act, inviting the input of this body, the U.S. Senate, to ratify in dealings amongst sovereign govern- of all interested parties in the promul- these treaties. Mr. President, 430 of ments. gation of regulations. When the Senate acted to prohibit them were ignored. They lie in our files This mechanism, a compact between him from proceeding in this time-hon- at this moment; 370 were ratified by a State government and a tribal gov- ored fashion, he brought together rep- the U.S. Senate. And of the 370, we pro- ernment, would be recognized by the resentatives of the National Governors ceeded to violate every single one of Federal Government as the agreement between two sovereigns as to how the Association, the National Association them. of Attorneys General, and the Tribal The cumulative effects of our treat- conduct of gaming on Indian lands would proceed. Governments, to explore whether a ment of the native people of this land consensus could be reached on these have proven to be nearly fatal to them. The Federal participation in the agreement would be accomplished and other matters. Poverty in Indian country is unequal In fact, a working group of those in- anywhere else in the United States. when the Secretary of the Interior ap- proved the tribal-State compact as terests will be meeting this week in The desperation and despair that inevi- Denver to pursue the Secretary’s ini- tably accompanies the economic devas- part of the law. In an effort to ensure that the parties would come to the tiative. tation that is found today in Indian In the meantime, my colleagues pro- table and negotiate a compact in good country accounts for the astronomi- pose an amendment that would not faith, and in order to provide for the cally high rates of suicide and mortal- only prohibit the Secretary from pro- possibility that the parties might not ity from diseases. For Indian youth be- ceeding with the regulatory process, reach agreement, we also provided a tween the ages of 18 and 25, the rate of but which would prevent those State means by which the parties could seek suicide is 14 times the national norm of and tribal governments that desire to the United States. the involvement of the Federal district enter into a compact from securing the Within this context, along came an court, and if ordered by the court, necessary Federal approval. opportunity for some tribal govern- could avail themselves of a mediation By the latter formulation, my col- ments to explore the economic poten- process. It is not for the Indian leaders leagues would federally pre-empt what tial of gaming. It didn’t prove to be a to determine whether the process is is otherwise the prerogatives of sov- panacea, but it began to bring in reve- being carried out in good or bad faith. ereign governments—namely the State The court will decide that, and the nues that tribal communities didn’t and tribal governments—to pursue that court is not an Indian court. It is the have before. Then the State of Califor- which is their right under Federal law district court of the United States of nia entered this picture by bringing a and their right as sovereigns. America. That judicial remedy and the legal action against the Cabazon Band Once again, there have been no hear- potential for mediated solution when of Mission Indians, a case that ulti- ings on this proposal—no public consid- the parties find themselves at an im- mately made its way to the Supreme eration of this formulation—no input passe has subsequently been frustrated from the governments involved and di- Court. by the ruling of the Supreme Court up- Consistent with 150 years of Federal rectly affected by this proposal. holding the 11th amendment, the law and constitutional principles, the Last year, the Secretary of the De- amendment that provides immunity to Supreme Court ruled that the State of partment of the Interior made clear his the several States of the Union. California could not exercise its juris- intention to recommend a veto of the Thus, while there are some who have Interior appropriations bill should this diction on Indian lands to regulate consistently maintained that sovereign gaming activities. provision be adopted by the Senate, immunity is an anachronism in con- and approved in House-Senate Con- This was in May of 1987. In the after- temporary times, in this area at least, math of the Supreme Court’s ruling, we ference. the States still jealously guard their I would suggest that it is unlikely got into the act, the Congress of the sovereign immunity to suit in the that the Secretary’s position has United States. During the 100th session courts of another sovereign. changed in any material respect—par- of the Congress, I found myself serving In so doing, the States have pre- ticularly in light of all that he has un- as the primary sponsor of what is now sented us with a clear conflict, which dertaken to accomplish, including known as the Indian Gaming Regu- we have been trying to resolve for sev- frank discussion amongst the State latory Act of 1988. There were many, eral years. and tribal governments. many hearings and many, many drafts Although 24 of the 28 States that As one who initiated a similar discus- leading up to the formulation of the have Indian reservations within their sion process several years ago, I am bill that was ultimately signed into boundaries have now entered into 159 more than a little familiar with the law. tribal-state compacts with 148 tribal issues that require resolution. Initially, our inclination was to fol- governments, there are a few States in However, in the intervening years, low the well-established and time-hon- which tribal-state compacts have not court rulings have clarified and put to ored model of Federal Indian law which been reached. rest many of the issues that were in was to provide for an exclusively Fed- And the conflict we are challenged contention in that earlier process. eral presence in the regulation of gam- with resolving is how to accommodate I have continued to talk to Gov- ing activities on Indian lands. The Con- the desire of these States to be in- ernors and attorneys general and tribal stitution and the laws of our land say volved in the regulation of Indian gam- government leaders on a weekly if not the relationship will be between the ing and their equally strong desire to daily basis, and I believe, as the Sec- Federal Government and the Indian avoid any process which might enable retary does, that the potential is there government. Such a framework would the parties to overcome an impasse in for the State and tribal governments to have been consistent with constitu- their negotiations. come to some mutually-acceptable res- tional principles, with the majority of The Secretary of the Interior is to be olution of the matters that remain out- our Federal statutes addressing Indian commended in his efforts to achieve standing between them. S10366 CONGRESSIONAL RECORD — SENATE September 15, 1998 I believe the Secretary’s process Congress is the best body to lay out vented the Secretary from approving should be allowed to proceed. the process for establishing the bal- class III (casino styled) compacts. I also believe that pre-empting that anced framework for tribal state nego- The Secretary’s decision in January process through an amendment to this tiations over Indian gaming. evidenced the Department’s intent to bill could well serve as the death knell The proposed rule would upset the disregard the clear congressional in- for what is ultimately the only viable necessary balance and invest in the tent of last year’s bill. way to accomplish a final resolution. Secretary an exceptional amount of au- This issue should be resolved legisla- The alternative is to proceed in this thority in deciding the outcome of tively and the Enzi amendment will en- piecemeal fashion each year—an these negotiations. Its effect would be sure that solution. It will do so in a amendment each year to prohibit the the expansion of Indian Gaming not- manner that is respectful of state’s Secretary from taking any action that withstanding the objections of a state. rights. would bridge the gap in the Indian This Enzi amendment is simple and Mr. COATS. Mr. President, I rise Gaming Regulatory Act that was cre- fair. It simply restricts the Interior today in support of the Enzi amend- ated by the Court’s ruling and which Secretary from promulgating as final ment. It is quite simple, but I would will inevitably discourage the State regulations a rule that would allow like to briefly restate the effect of the and tribal governments from fashion- him to decide whether a state is nego- amendment in order to frame my re- ing solutions. tiating with a tribe in good faith; and marks. The amendment would prohibit This is not the way to do the business which types of gaming activities a the Secretary of the Interior from pro- of the people. state must accept on tribal lands. mulgating new regulations empowering There are those in this body who are There is a long history to this issue the Secretary to approve class III gam- opposed to gaming. and it is something that the Governors bling activities without State ap- As many of my colleagues know, I feel quite strongly about. proval. count myself in their numbers. I am In fact, on July 23, the National Gov- Mr. President, as a result of the Su- opposed to gaming. ernor’s Association wrote Senators preme Court ruling in the Seminole of Hawaii and Utah are the only two LOTT and DASCHLE encouraging the Florida versus the State of Florida, States in our union that criminally Senate to support passage of the Enzi and subsequent activities by the Sec- prohibit all forms of gaming, and I sup- amendment. retary of the Interior, we are con- port that prohibition in my State. We As the letter states: fronted with a situation where an don’t have bingo or poker. unelected federal official, using the Mr. President, like many of my col- The nation’s governors strongly believe that no statute or court decision provides rulemaking process, is seeking to em- leagues, I have walked many miles in the Secretary . . . with authority to inter- power himself with the ability to su- Indian country, and I have seen the vene in disputes over compacts between In- persede the authority of the popularly poverty, and the desperation and de- dian tribes and states about casino gambling elected State government, and to im- spair in the eyes of many Indian par- on Indian lands. Such action would con- pose Indian gambling activity on an ents and their children. stitute an attempt by the Secretary to pre- I have looked into the eyes of the el- empt states’ authority under existing laws unwilling State. ders—eyes that express great sadness. and recent court decisions and would create Mr. President, the Indian Gaming I have met young Indian people who a incentive for tribes to avoid negotiating Regulatory Act attempted to construct are now dead because they saw no hope gambling compacts with states. a delicate balance, the intent of which for the future. What this issue is about is states was to provide a definitive role for the I have seen what gaming has enabled rights and whether this Congress is States in determining whether to allow tribal governments to do, for the first going to give the Secretary of Inte- the introduction of new gambling ac- time—to build hospitals and clinics, to rior—who has fiduciary and trust re- tivities. The Court’s ruling has upset repair and construct safe schools, to sponsibilities to the tribes—the author- this balance. provide jobs for the adults and edu- ity to dictate to states which gaming During debate over the fiscal year cational opportunities for the youth— activities they must accept. 1998 funding measure, a similar meas- and perhaps most importantly, to en- I do not believe we are prepared for ure to the one we are debating today gender a real optimism that there can the unfettered proliferation of Indian was adopted. It was adopted with the be and will be—the prospects for a gaming. understanding that congressional ac- brighter future. The Supreme Court, in the Seminole tion was needed in order to address this It is for these reasons, and because of decision, did great harm to what we concern, as well as others, with IGRA. their rights as sovereigns to pursue ac- sought to do when we enacted IGRA. However, no action has yet been taken. tivities that hold the potential for The courts have made a mess of the And thus, we have the need to extend making their tribal economies become compacting process we put in place in this moratorium. both viable and stable over the long 1986. Now, what does all of this mean to term, that I support Indian gaming. The result is that we are now faced the individual States? The distin- If our country—this great Nation— with the dilemma of (1) who must de- guished Senator from Wyoming has al- had followed the provisions in our trea- cide whether or not a state is negotiat- ready placed into the RECORD the var- ties and abided with our promises, then ing in good faith; and (2), what types of ious letters of support from the na- there would be no need for me to be gaming activities is a state required to tion’s governors, and states attorneys supporting Indian gaming. negotiate over. general. I will let that support speak Mr. President, it is for these reasons, As the Assistant Secretary for Indian for itself. I would like to relate the ex- that I must, again this year, strongly Affairs said in his April 1st testimony perience of the State of Indiana. oppose the efforts of my colleagues to before the Indian Affairs Committee: I have here an article from the Indi- take from Indian country, what unfor- ‘‘Any attempts [to decide] this issue anapolis Star. The article documents tunately has become the single ray of administratively is certain to draw the latest development in a struggle hope for the future that native people court challenges and for that reason, that has been on-going in Northern In- have had for a very long time. we would prefer legislation. diana for several years now. The article Mr. REID. Mr. President, I rise in Secretary Gover is right, a decision begins: ‘‘Potawatomi tribe buys land support of the Enzi amendment which of this import should not be left en- near Indiana town; A reservation would restricts the Secretary of Interior’s tirely in the hands of a federal official be OK, resident says, but many fear a ability to move forward with a rule who is statutorily biased against a casino would eventually follow.’’ that would supplant a state’s ability to state. The article goes on to describe that; decide what types of gaming activities The Department of Interior is respon- ‘‘The Pokagon Band of the Potawatomi would be permissible on Indian lands. sible for administering IGRA—not re- Indians acquired land in Indiana, the The proposed rule, announced by the authorizing it. first step toward establishing a res- Secretary in January, circumvents Last year’s Interior Appropriation’s ervation and casino in the State.’’ A Congress’ role in deciding the frame- bill—which the President signed—in- spokesperson for the tribe points out in work for regulating Indian gaming. cluded a similar provision that pre- this article that they intend to do September 15, 1998 CONGRESSIONAL RECORD — SENATE S10367 many important things with the land I ask unanimous consent that the ar- stop and shop or eat here. They’ll just go they have purchased; provide housing, ticle from the Indianapolis Star be right to the casino and then leave.’’ Ted Stepanek, 70, owner of the town barber schools, and a health clinic. However, printed in the RECORD. shop, said, ‘‘I’m not against gambling—I just she goes on to point out that a land- There being no objection, the article don’t want it here.’’ based casino in Indiana is among the was ordered to be printed in the Mr. BROWNBACK. Mr. President, I RECORD, as follows: tribe’s eventual goals. rise today to support the Enzi-Sessions The Pokagons have been attempting [From the Indianapolis Star Sept. 2, 1998] amendment which ensures that the for several years now to purchase land POTAWATOMI TRIBE BUYS LAND NEAR INDIANA Secretary of Interior does not cir- in the area. However, they have met TOWN; A RESERVATION WOULD BE OK. RESI- cumvent Congress and the States in with significant resistance from local DENT SAYS, BUT MANY FEAR A CASINO gaming on Indian lands. It would also WOULD EVENTUALLY FOLLOW landowners and community leaders for extend the moratorium on expansion of fear that casinos would follow any land (By Don Ward) gambling on tribal lands. sale. In fact, over the past 2 years, the NORTH LIBERTY, Ind.—The Pokagon Band The growth of the gambling industry town counsel of North Liberty, the of Potawatomi Indians has acquired land in in this country in recent years has Indiana, the first step toward establishing a town adjacent to the land purchase, been explosive. Twenty years ago, only has unanimously passed two resolu- reservation and casino in the state. The 2,600-member tribe, which is based in two States allowed casino gambling. tions in opposition to casino gambling. Michigan, acknowledged this week that it Today, the industry reins in $40 billion Further, the Governor of Indiana has has bought 135 acres along Ind. 4 near North each year in 23 States and generates announced his opposition to Indian Liberty. revenues that are six times the revenue gambling amid public outcries against ‘‘This is a significant first step, but not from all American spectator sports the proposition. necessarily toward getting a casino,’’ combined. The amount of money wa- Yet, Mr. President, under the rules Pokagon spokeswoman Maureen Shagonaby gered annually in the United States ex- said Tuesday. ceeds $500 billion. proposed by the Secretary, the will of ‘‘Our overall goal is, an always has been, to the people of North Liberty, of the establish a land base to provide housing, It concerns me that this explosive elected representatives of the State of schools and a health clinic for our members. growth in the gambling industry has Indiana, would be laid to waste by an But unfortunately, everyone thinks all we’re taken place during the same time pe- unelected federal official. By any inter- interested in is a casino.’’ Shagonaby con- riod that so many other aspects of our pretation of IGRA, this was not the in- firmed the tribe also is considering the pur- culture have declined. Two years ago, tention of Congress in passing the law. chase of 900 acres adjacent to the 135-acre Congress enacted PL–104–169, which es- tract. tablished the National Gambling Im- The gambling industry is booming. In The site is about 15 miles south of South 1988, only two states (Nevada and New pact and Policy Commission for the Bend and Elkhart, where the Pokagon faced purpose of studying the social and eco- Jersey) permitted casino gambling. By fierce opposition as tribal officials scouted 1994, 23 states had legalized gambling. for land. nomic impact of gambling and report- During this time, casino gambling rev- But the tribe also has faced opposition ing its findings to Congress. I sup- enue nearly doubled. In 1993, $400 bil- here. ported that legislation. In fact, not one lion was spent on all forms of legal North Liberty, whose downtown extends member in either the House nor the gambling in America Between 1992 and only about a half-mile and has a population Senate rose in opposition to that legis- of 1,360, was targeted by the Pokagons as a lation. This I believe, illustrates the 1994, the gambling industry enjoyed an possible reservation site as early as 1996. incredible 15 percent annual growth in need Congress has to gather more in- Since then, the Town Council has unani- formation on the implications of the revenues. mously passed two resolutions against casi- extraordinary growth of the gaming in- Many of my colleagues would look at nos. dustry. Until the findings of the Com- this performance and say ‘‘good for ‘‘We’re not against the Pokagons coming mission are available to guide the ac- them.’’ Many would cite the gambling into the area to live and raise children, but tions of Congress, I simply believe that industry as an American success story. it they want to bring in a casino, I’m not for that type of industry,’’ said beauty salon it is reasonable for Congress to not I am not so enthusiastic. There are owner Kelly Prentkowski, 32. ‘‘Our town is take any action that may proliferate a many unanswered questions regarding not about profit and gain.’’ problem in our society until the rami- the hidden costs of rolling out the wel- Shagonaby conceded that a land-based ca- fications are better understood. come mat for the gambling industry. sino in Indiana is among the tribe’s eventual The problems correlated with gam- Many of the promises made by the goals but said, ‘‘There’s no time line for it. bling are serious. Increased family vio- That’s a decision the tribal council will gambling industry—of jobs, economic lence, child abuse, suicide, white collar growth, and increased tax revenues— make.’’ Last year, during the town’s bitter debate crime, alcohol abuse, prostitution, are dubious at best. The statistics on over casinos, groups gathered signatures on drug activities, and organized crime the devastating impact on our families petitions both for and against the gambling have all been linked to gambling. Fur- are beginning to roll in. Concern about facilities. But City Clerk Paul Williams said thermore, I am concerned about the de- teenage gambling addiction is growing he couldn’t remember which group brought structive societal impact of compulsive as more and more teens are lured by in more signatures. Many names were dupli- gamblers. Compulsive gamblers will the promise of easy money. Crime and cates, he said. bet their entire savings and anything Many residents thought the issue was dead suicide numbers are sky-rocketing in of value that can be sold or borrowed communities where gambling has until this week, when they learned of the tribe’s deal to buy the tract, located near a against while neglecting family respon- taken root. golf course and the Kankakee River just sibilities to pursue the short-lived The National Gambling Impact northwest of town. thrill of betting. They are more likely Study Commission is currently study- A casino supporter, Greg Shortt, 33, quick- to abuse their spouses and their chil- ing this issue. By passing this resolu- ly organized a news conference and invited dren, and most have contemplated sui- tion, we will create the necessary time Pokagon representatives to discuss their cide. Compounding these problems, to modify IGRA to ensure the law is plans. there is speculation that the gambling clear in protecting the rights of the in- Shortt, who lives in Plymouth but runs a package liquor store on North Liberty’s industry actually targets these vulner- dividual states. It will allow the states main street, is president of the 2-year-old able individuals as well as another fac- to determine how and when gambling citizen group ‘‘Pro Casino.’’ ‘‘North Liberty tion of vulnerable individuals—the operations will begin or expand within is already a tourist town because we’ve got poor. their borders, and to look to the report Pokagon State Park, and a casino would be And, the economic benefits promised to the Gambling Commission for help added value for our town,’’ he said. to communities which open their doors in making those decisions. Casino opponents say they fear increased to gambling are often exaggerated. On I commend the efforts of the Sen- traffic would negatively affect the rural the contrary, some municipalities have town and that a casino would do nothing for ators from Wyoming and Alabama in local businesses. found that casinos flourished at the ex- bringing this issue before the Senate, ‘‘We don’t need 10,000 people and tour buses pense of existing businesses, and that and urge my colleagues to support this driving in and out of town every day,’’ said the incidences of theft and larceny in- amendment. Marian Spitzke, 51. ‘‘They’re not going to creased. S10368 CONGRESSIONAL RECORD — SENATE September 15, 1998 In fact, I would like to submit for the places prohibits the Secretary from ap- Thank you very much, Mr. President. RECORD an article which was printed in proving any new Tribal-State com- I yield the floor. the Topeka Capitol-Journal on April pacts. It also prohibits the Secretary Mr. ENZI addressed the Chair. 28, 1998. The article chronicles the dif- from promulgating rules that are de- The PRESIDING OFFICER. The Sen- ficulties that two Northeast Kansas signed to circumvent Congress and all ator from Wyoming. counties are facing as a result of two 50 States until Congress better under- Mr. ENZI. Mr. President, I thank ev- Indian casinos recently established stands the societal ramifications of the erybody involved for all of the great within the counties. This year, the Federal Government’s actions to ap- discussion this afternoon. local State Representative appealed to prove gambling, and I believe this is a I feel compelled to answer some of the State legislature to provide a spe- reasonable approach to take. the questions that were raised during cial financial grant to deal with rising The PRESIDING OFFICER. Who the course of the debate. I would like to particularly thank law enforcement and social service seeks time? Senator SESSIONS and all of the other costs. Since one casino opened, the Mr. GRAMS addressed the Chair. cosponsors who are on the bill cospon- number of arrests in that county for The PRESIDING OFFICER. The Sen- ator from Minnesota. soring the amendment with me. driving under the influence, possession I would also like to thank Senator of drug paraphernalia, and possession Mr. GRAMS. Mr. President, I rise to briefly make a few comments in strong SESSIONS for the comments on behalf of of marijuana has increased sharply. attorneys general, since he is a former The sheriff says there has been an ‘‘ex- support of the amendment. I do so not because it will assist my State of Min- attorney general from Alabama. plosion’’ in criminal cases of forgery, He gave me copies of letters. One is narcotics abuse, possession of stolen nesota, which already has an estab- lished gaming compact with Minnesota from my own attorney general, Wil- property, and worthless checks. Even Indian tribes, but because this is an liam Hill of Wyoming; another is from more troubling is that when the coun- issue of fundamental fairness for Mark Barnett of South Dakota; an- ties asked the owners of the casinos to States and localities. other is from Bill Pryor of Alabama; help reimburse the counties for the in- I find it difficult to understand how another individual letter is from Mr. creased law enforcement costs, the anybody can argue that the Secretary Gale Norton, attorney general of Colo- tribes refused. This is an example of of the Interior should be given the au- rado; another is from the Honorable how the economic development thority to approve a class III gaming Carla Stovall, Topeka, KS; another let- brought about by the tribes has been a compact, absent the consent of the ter is from Robert Butterworth of the drain, not a boon, to the local govern- State in which the gaming is to occur. State of Florida; another is from Don ment and economy. States must, I believe, have the au- Stenberg of the State of Nebraska; an- Yet, while I have qualms about the thority to negotiate and object to gam- other is from Frank Kelley of the State possible destructive effects of gam- ing compacts. If you remove their right of Michigan. Mr. President, I ask unanimous con- bling, I recognize that many will main- to object to a gaming compact, then sent to have these letters printed in tain that these claims are speculative you remove their right to negotiate a the RECORD. and dispute that there is a conclusive gaming compact as well. link between gambling and increased There being no objection, the mate- Similar to what now happens in trust rial was ordered to be printed in the crime. This is why I think we need to applications, the tribal authority will RECORD, as follows: receive the Commission’s report before have little incentive for negotiating in allowing any new facilities to be estab- good faith, knowing that the Secretary OFFICE OF THE ATTORNEY GENERAL, Cheyenne, WY, July 28, 1998. lished. The National Gaming Impact of the Interior can come in and im- Study Commission itself agrees, as Re Enzi/Sessions Amendment to Interior Ap- prove their compact and bypass the propriations Bill. does the National Governor’s Associa- State anyway. Chairman SLADE GORTON, tion and the Christian Coalition. Our States and localities are much U.S. Senate, Mr. President, I do not want my too often becoming irrelevant in the Washington, DC. views to be construed as opposition to decisionmaking process of the Depart- Ranking Member ROBERT C. BYRD, the chance for economically deprived ment of the Interior when considering U.S. Senate, Indian nations to bring needed eco- tribal-related situations. Washington, DC. nomic activity to their communities. The amendment we are addressing DEAR SENATORS GORTON AND BYRD: This of- On the contrary, I commend the efforts here today prevents a Secretary of the fice is writing in support of and urges the to generate income and become more Interior from ignoring the impact of adoption of the Indian gaming amendment to self-sufficient in view of decreasing gaming operations on States and local- the Interior Department Appropriations Bill Federal aid. I think that it is a positive sponsored by Senator Michael B. Enzi and ities and from circumventing their au- Senator Jeff Sessions. Last year’s Interior thing that tribes are striving to pro- thority and making unilateral deci- Appropriations Bill contained a provision es- vide employment, health care, housing, sions. tablishing a moratorium on implementation and other important services without Mr. President, States must have the of proposed procedures by the Secretary of Federal assistance. right to negotiate gaming compacts the Interior to permit tribal gaming where a However, even the benefits of gaming without undue interference from the state and a tribe reach an impasse in nego- to the tribes themselves is a question. Federal Government and without the tiations and no tribal/state compact is en- Typical problems are a direct result of heavy hand of an overactive Secretary tered into. The Enzi/Sessions amendment disorganized, fractionalized, and his- would extend that moratorium. of the Interior waiting to usurp that This office believes that the Secretary of torically poor communities and their authority. the Interior lacks statutory authority to use lack of experience in managing large Again, the Enzi-Sessions amendment the proposed procedures and must seek sums of money. Unfortunately, the has the support of the National Gov- amendment of the Indian Gaming Regu- lack of understanding of what the man- ernors’ Association, the National Orga- latory Act for this authority. To this end, agement of gaming facilities entails nization of Attorneys General, and the numerous state attorneys general and gov- has spelled disaster for a large number Christian Coalition. ernors have initiated negotiations with the of tribes. Furthermore, signs of in- The amendment extends the current Secretary and the Indian tribes in an effort to reach agreement on amendments to the creased crime are seen on the tribal moratorium placed on the Secretary of Act. Preliminary discussions are currently lands, too. Economic development that the Interior from using Federal funds taking place in preparation for a meeting at invites destructive behavior is not sus- to approve tribal-State compacts, which all interests will be represented, prob- tainable and is not a healthy way to again, without the consent of the ably sometime between now and November, provide for social services to a commu- States. It doesn’t only prevent Sec- 1998. nity. retary Babbitt from moving forward on Continuation of the moratorium will avert This amendment takes a moderate the need for costly and prolonged litigation new regulations but in fact gives him over the Secretary’s authority and will allow approach. it does not ban Indian gam- authority to bypass State approval. for meaningful discussions concerning ing and does not affect gaming com- So I urge my colleagues to stand up amendments to the Indian Gaming Regu- pacts which already are operational or for the rights of our States by support- latory Act which will benefit the Secretary, already have been approved. It simply ing the Enzi-Sessions amendment. the tribes and the states. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10369 Thank you for your support of the Enzi/ Attorneys General repeated their objections retary/Department’s lack of authority to Sessions Amendment. to the Secretary’s proposed course of action promulgate these regulations, the Enzi-Ses- Sincerely, in June 1998 when they submitted comments sions amendment would avoid the need to WILLIAM U. HILL, on Interior’s Proposed Regulations. Notwith- litigate the issue before Congress has the op- Attorney General. standing the presence of a moratorium, the portunity to consider whether IGRA should Secretary continues to propose expanding be so amended. I therefore support the Enzi- OFFICE OF ATTORNEY GENERAL, his authority in this area. The amendment Sessions amendment. Pierre, SD, July 23, 1998. that your colleagues have proposed would As a matter of background, the State of Re Proposed amendment to S. 2237 regarding make clear the limits on the Secretary’s au- Kansas has entered into Compacts for Class a moratorium on implementation of thority to abrogate the states’ Eleventh III, i.e., casino gaming with the four resident gaming procedures. Amendment immunity. Tribes. The existing compacting process in Hon. ROBERT C. BYRD, Again, I strongly support the proposed the IGRA worked for us. The State and the U.S. Senate, amendment. I have no confidence that the Tribes negotiated in good faith, believing Washington, DC. Secretary listens when the states tell him that these were the only four Tribes with In- dian lands within the State that could be Hon. THOMAS A. DASCHLE, that he lacks the power to override their Eleventh Amendment immunity and that he used for Indian gaming purposes. U.S. Senate, Since completing our compacting process Washington, DC. operates under an incurable conflict of inter- est when he proposes to act as a mediator. with the four known Kansas Tribes, the Hon. SLADE GORTON, The proposed amendment is necessary to State has been approached by numerous U.S. Senate, stop further action on the Secretary’s part. other Tribes interested in gaming revenues; Washington, DC. Continuing the moratorium on action by the these Tribes assert various ‘‘claims’’ to land Hon. TIM JOHNSON, Secretary will allow negotiations between in the State, thus evidencing a very real U.S. Senate, the attorneys general and the tribes to con- need to ensure that the compacting process Washington, DC. tinue and will preclude a lawsuit by one or remains neutral so the State is not arbitrar- ily forced by the Secretary acting as a spon- DEAR SENATORS: I am writing this letter in more states against the Secretary. Such an support of the amendment of Senators Enzi expensive and protracted lawsuit is almost sor to Indian Tribes into additional gaming that was never envisioned by the IGRA. and Sessions to S. 2237, the Interior appro- certain in the event the Secretary continues Moreover, the Secretary’s proposed regula- priations bill. This amendment would con- on his present course. tions not only adversely affect the interest Very truly yours, tinue a provision included in last year’s Inte- of States, but also pit Indian Tribes against ILL PRYOR, rior appropriations act which established a B each other. For example, the four resident moratorium on implementation of proce- Attorney General. Tribes in Kansas have a strong interest in dures by the Secretary of the Interior to per- ensuring that they recover on their signifi- mit tribal gaming when a state and tribe STATE OF COLORADO, DEPARTMENT cant investment in developing gaming with- stall in negotiations and the state asserts OF LAW, OFFICE OF THE ATTORNEY in the State, an interest which is adversely sovereign immunity in court proceedings. GENERAL, affected by the gaming ambitions of new, It is my view that the Secretary plainly Denver, CO, July 24, 1998. non-resident Tribes. lacks statutory authority for the proposed Hon. MICHAEL B. ENZI, I am willing to meet with the Department, procedures. A detailed letter to the Sec- U.S. Senate, Tribal, and State representatives to seek retary of the Interior has set out the views of Washington, DC. agreement on amendments to the IGRA that twenty-five attorneys general that the Sec- Hon. JEFF SESSIONS, will address the concerns of Tribes with re- retary lacks such authority. I believe, as do U.S. Senate, gard to the compacting process, but I am op- the other attorneys general, that the Sec- Washington, DC. posed to any unilateral effort on the part of retary must seek statutory amendments to DEAR SENATORS ENZI AND SESSIONS: I write the Department to usurp the authority of the Indian Gaming Regulatory Act to in support of your proposed amendment to S. Congress as the proposed regulations have achieve the authority he asserts and I join 2237, the Interior Appropriations legislation. done. with the other attorneys general in encour- I believe that the moratorium concerning Thank you for your favorable consider- aging the Secretary to engage in a dialogue the Secretary’s regulations regarding Indian ation of this amendment. with the states and the tribes on this matter. gaming should remain in place during the Very truly yours, I appreciate your consideration of the mor- coming fiscal year. Continuation of the mor- CARLA J. STOVALL, atorium amendment to Senate Bill 2237. atorium will avoid the need for costly and Attorney General of Kansas. Sincerely yours, prolonged litigation over the Secretary’s ad- MARK BARNETT, ministrative authority and encourage a OFFICE OF ATTORNEY GENERAL, Attorney General. meaningful dialogue about amendments to State of Florida, July 24, 1998. the IGRA which would benefit the Secretary, Re amendment to Interior appropriations OFFICE OF THE ATTORNEY GENERAL, the tribes and the states. bill sponsored by Sens. Enzi, Sessions, Montgomery, AL, July 23, 1998. Sincerely, Lugar, Brownback, and Grams. Re Proposed Enzi-Sessions Amendment to GALE A. NORTON, Hon. SLADE GORTON, Interior Appropriations Bill. Attorney General. U.S. Senator, Washington, D.C. Senator SLADE GORTON, Hon. ROBERT C. BYRD, U.S. Senate, OFFICE OF THE ATTORNEY GENERAL, U.S. Senator, Washington, DC. Topeka, KS, July 24, 1998. Washington, D.C. Hon. SLADE GORTON, Senator ROBERT C. BYRD, DEAR SENATORS GORTON AND BYRD: I am U.S. Senate, Chairman, Interior Subcommittee on Appropria- writing this letter to voice my support for Washington, DC. tions, U.S. Senate, Washington, DC. the Interior Appropriations amendment GENTLEMEN: I write to register my strong Hon. ROBERT C. BYRD, sponsored by Senators Enzi, Sessions, Lugar, support for an amendment to the Depart- Ranking Member, Interior Subcommittee on Ap- Brownback, and Grams. The purpose of this ment of the Interior appropriations bill pro- propriations, U.S. Senate, Washington, DC. amendment is to prohibit specifically the posed by your colleagues, Senators Enzi, Ses- DEAR SENATORS GORTON AND BYRD: I am final adoption of rules by the Department of sions, Lugar, Brownback, Ashcroft, and writing in support of the Enzi-Sessions pro- the Interior regarding Indian gambling. Grams. That amendment would continue the posed amendment to the Interior Appropria- These proposed rules are an outgrowth of moratorium imposed in last year’s bill on tions Bill. the Seminole Tribe decision of the Supreme the Secretary’s implementation of proce- On behalf of the State of Kansas, I joined Court and represents an attempt to legislate dures that would empower the Secretary to several other Attorneys General in opposing a remedy for Indian Tribes in the absence of allow tribal gaming when a tribe and a state the Department of Interior’s proposed regu- statutory authority. My views, and those of stall in negotiations and the state asserts its lations establishing an administrative means twenty four other Attorneys General, are set Eleventh Amendment immunity in court by which Indian Tribes may bypass the com- forth in detail in our letter of June 19 to Sec- proceedings. pacting process set forth in the Indian Gam- retary Babbitt commenting on the proposed I believe that the Secretary lacks the stat- ing Regulatory Act (IGRA), 25 U.S.C. §§ 2701 regulations. In short, we feel that there is no utory authority to propose procedures that et seq. In the IGRA, Congress has provided statutory authority for the Department to would have the effects of abrogating the that States should have a specific role in adopt such rules and that the rules are fun- states’ Eleventh Amendment immunity and that process. I and other Attorneys General damentally flawed because, in those rules, compelling the states to negotiate with In- believe that the Secretary has no legal au- the Secretary arrogates to himself the au- dian tribes regarding the permissible scope thority to rewrite the IGRA as has been pro- thority to determine whether the State has of Class III gaming. Several state Attorneys posed in those regulations. Such a task is ob- negotiated in good faith and what the proper General provided comments to this effect in viously the province of Congress. scope of gambling on Indian reservations 1996 when the Secretary published his Ad- Whiel I am confident that the courts would should be based on his interpretation of vance Notice of Proposed Rulemaking. The agree with my position regarding the Sec- State law. S10370 CONGRESSIONAL RECORD — SENATE September 15, 1998 In conclusion, I wholly support the efforts gaming without specific authorization by an on this and the tremendous knowledge of the sponsors of the subject amendment. impacted state. that he has about the history of the We are currently attempting to negotiate a Very truly yours, tribes in the United States. consensus amendment to the Indian Gaming FRANK J. KELLEY, I grew up in Sheridan, WY, 60 miles Regulatory Act that will obviate the per- Attorney General. from the Crow Reservation, which is in ceived need for such regulations and I be- Mr. ENZI. Mr. President, I also thank Montana. But I have had the oppor- lieve that the proposed Appropriations the other Senators who have addressed amendment will help those negotiations tunity to work with them and the along by lessening by the pressure on the this along with me, and I want to make tribes in Wyoming before. This is not parties and avoiding litigation over the va- some comments on the things that an attempt to take away from the In- lidity of the regulations. were said. dian tribes. This is an attempt to get Thank you for your attention to this mat- I would particularly like to thank that fair playing field through hear- ter. the Senator from New Mexico for his ings, through legislation—not through Sincerely, comments. More particularly, I would something by an unelected Secretary ROBERT A. BUTTERWORTH, like to thank him for all the education of the Federal Government to put it in Attorney General. he gave me a year ago when we debated the hands of Congress. We are the ones this amendment. That was one of the who ought to be making these kinds of OFFICE OF THE ATTORNEY GENERAL, Lincoln, NE, July 24, 1998. first amendments that I worked on, decisions. If there are decisions left un- U.S. Senator MICHAEL ENZI, and I have to say it needed a lot of done, we ought to go back and redo U.S. Senator JEFF SESSIONS, work. With his cooperation, and with them so that they take care of all the U.S. Senate, the Senator from Hawaii, we came up problems. We need to have all of the in- Washington, DC. with an amendment that protected the terested parties. We need to have hear- DEAR SENATORS ENZI AND SESSIONS: I write status quo. It was an amendment that ings on it. in support of your proposed amendments to we thought would keep things from The comment was raised that on my S. 2237, the interior appropriations legisla- moving forward and supplanting the amendment there haven’t been hear- tion. The Secretary of the Interior should ings. I kind of have to contest that a not be allowed to authorize types of gam- States’ ability to negotiate it. I found bling on Indian reservations when that gam- out later that there are even some little bit, because this is the third time bling would be illegal if conducted anywhere more careful wordings that have to be we have debated it, which is a form of else within the state. done on bills that we work on around hearing among the Members. It is not It is my opinion that the Secretary of the here. Had I done it more particularly my fault that there have been no hear- Interior lacks any statutory authority to about finalizing the rule itself, perhaps ings on this. The Indian Affairs Com- permit tribal gaming where a state and a we would have avoided the need to mittee has not held hearings on this in tribe stall in negotiations and the state as- bring it up again. I didn’t. So we need spite of the requests last year, in spite serts sovereign immunity in court proceed- to talk about it some more. of that being the primary way that we ings. Your proposed legislation will support can bring everybody together to focus this position. I mentioned that what we are really Yours truly, trying to do with this amendment is to on the issue and to come up with a so- DON STENBERG, preclude the finalization of rules and lution that will work for everybody. Attorney General. regulations that would supplant the I don’t think this is a death knell for States. I will be one of the first to the talks between people. Instead, it is STATE OF MICHIGAN, admit that at the present time the the beginning of a process that can DEPARTMENT OF ATTORNEY GENERAL, States have the bigger stick. Until the work with the Indian Affairs Commit- Lansing, MI, July 31, 1998. rules get approved and the bigger stick tee to see that we have some hearings, Hon. MIKE ENZI, reach a solution, and bring it to con- U.S. Senator, switches hands, and the tribes have the bigger stick and the control of that clusion. It is in the hands of the Indian Washington, DC. Affairs Committee. But there is only a DEAR SENATOR ENZI: Currently there are stick forever—if we leave the stick in tribal-state compacts between the State of the hands of the States, there is an need for them to meet on it, if we pass Michigan and seven Indian tribes, each of easy way to change that in the interim my amendment. which received federal recognition prior to and to make the kinds of exemptions I ask that you pass the amendment. I the effective date of IGRA. Since conclusion that the Senator from New Mexico will briefly summarize some of the points. of these seven compacts, federal recognition talked about. The way to do that is to has been extended to four additional Indian It maintains the status quo of the In- have hearings by the Indian Affairs tribes. Litigation initiated in federal court dian Gaming Regulatory Act for one against the State of Michigan under IGRA Committee—hearings that are bal- more year. It preserves the right of by one of these newly recognized tribes was anced, hearings that take into account Congress to pass laws. It continues the successfully defended on Eleventh Amend- how difficult it is to properly negotiate incentive for tribes and States to pur- ment grounds resulting in entry of an Au- between the States and the tribes. sue legislative changes to IGRA. It gust 23, 1996 order of dismissal in Little River We can come up with a compromise Band of Ottawa Indians, et al v. State of Michi- gives the Indian Affairs Committee piece of legislation. That piece of legis- time to hold the hearing and rec- gan, U.S. District Court, Western District, lation would eliminate this amend- No. 5:96–CV–119. ommend the IGRA changes. It prevents ment on an appropriations bill and this Without question, the 1996 decision in Semi- Secretary Babbitt from bypassing Con- nole Tribe of Florida v. State of Florida, 517 US amendment in any future years. But gress. It protects States rights without 44; 134 L Ed 2d 252; 116 S Ct 1114 (1996), has we have to have that discussion. We harming the Indian tribes. And it hon- precipitated a need for thorough review of have to see what the arguments are be- ors the advice of the National Gam- federal policy regarding tribal gaming oper- tween the States and the tribes and get bling Impact Study Commission so ation. However, pending completion of that those resolved. I know there is common that they can finish their work, as they task, I share the position held by most state ground. We have hit around the edges Attorneys General that the Secretary of In- requested. of it today. But there have been state- Mr. President, I thank the Chair. I terior lacks authority to unilaterally pro- ments on both sides that take it a lit- mulgate rules for the operation of activities yield the floor. defined as class III gaming under IGRA. As tle bit further each way than probably Mr. GORTON addressed the Chair. the state official with the responsibility it ought to be. But I can tell you that The PRESIDING OFFICER. The Sen- under Michigan law to defend all lawsuits we are not going to get it resolved and ator from Washington. against the state, it is my firm conviction we will just give the whole stick to the Mr. GORTON. Mr. President, I know that a decision to advance a valid defense tribes unless we put this amendment of no one else desiring to speak on this should not be influenced by a threat that a on the bill. Enzi proposal. It seems to me that it is particular defense will precipitate an unau- I thank the Senator from Hawaii for a relatively simple one. It simply en- thorized response by a federal agency. the care and concern with which he has joins for one additional year the right In light of the foregoing, I wish to voice my support for your effort to adopt a nar- spoken in every instance that we have of the Secretary of the Interior to rowly focused amendment to the Department debated this issue. This is the third avoid the requirements of both the 11th of Interior appropriations legislation which time. I appreciate today particularly amendment and of present law by mak- will preclude steps to authorize class III the 20 years of experience that he has ing it a determination that a State has September 15, 1998 CONGRESSIONAL RECORD — SENATE S10371 not engaged in good faith in negotiat- I come for the second straight year ‘‘Corpus Christi,’’ which the NEA had ing a class III gambling compact and to offer an amendment to the Interior agreed to fund, has become available; that it has stated its sovereign immu- appropriations bill, and I send the and, secondly, the Supreme Court of nity in an action by an Indian tribe or amendment to the desk. the United States has rendered a deci- another kind against it. The PRESIDING OFFICER. Without sion in the case of National Endow- In light of the fact that the report of objection, the pending amendment will ment for the Arts v. Finley. a long-term commission on the effect be set aside. The clerk will report. I would like to discuss each of these of gambling in the United States has The legislative clerk read as follows: developments as well as other argu- not yet been made, it seems to me that The Senator from Missouri [Mr. ASHCROFT] ments and show how they support this is a reasonable amendment. I proposes an amendment numbered 3593. elimination of funding for the National know of no request for a rollcall vote Mr. ASHCROFT. Mr. President, I ask Endowment for the Arts. The play ‘‘Corpus Christi’’ is merely on the amendment. unanimous consent that reading of the the latest example of why we should Mr. President, I believe we are ready amendment be dispensed with. defund the National Endowment for to vote on the ENZI amendment. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the Arts. objection, it is so ordered. question is on agreeing to the amend- In the last few months, we have The amendment is as follows: ment. heard a great deal about the play Beginning on page 109, strike line 21 and planned to be staged by the Manhattan The amendment (No. 3592) was agreed all that follows through line 18 on page 110 to. and insert the following: Theatre Club in New York City. This Mr. GORTON. Mr. President, I move ‘‘Notwithstanding any other provision of play, entitled ‘‘Corpus Christi,’’ has to reconsider the vote. this Act, the amount available under the generated a lot of controversy because Mr. ENZI. I move to lay that motion heading ‘National Park Service, Operation of of its content and because the National on the table. the National Park Service’ under title I shall Endowment for the Arts approved a The motion to lay on the table was be $1,325,903,000.’’. $31,000 grant to the theater to fund pro- agreed to. Mr. ASHCROFT addressed the Chair. duction of this play. Mr. GORTON. Mr. President, the The PRESIDING OFFICER. The Sen- Let me give a brief chronology of the Senator from Missouri, Mr. ASHCROFT, ator from Missouri. involvement of the National Endow- is here and will be ready in just a few Mr. ASHCROFT. Mr. President, I ment for the Arts with ‘‘Corpus Chris- moments to present an amendment re- come to the floor for the second ti.’’ The Manhattan Theatre Club first specting the National Endowment for straight year to offer an amendment to applied to the National Endowment for the Arts. We will debate that until de- the Interior appropriations bill. This the Arts in October of 1995 to request bate is completed. I rather suspect that amendment, while dealing with a rel- funding for ‘‘Corpus Christi.’’ The thea- amendment will require a rollcall vote. atively small amount of money—and I ter’s summary of the project activity But this is to notify Members who are wince a little bit when I call the stated as follows: interested in the National Endowment amount of money small, but in com- MTC is requesting support from the Na- for the Arts that this will be their op- parison to the multibillion-dollar fund- tional Endowment for the Arts for the world portunity to speak on that subject. It ing bill it does address a small percent- premiere of Terrence McNally’s new play, was the subject of some controversy CORPUS CHRISTI. The production is sched- age of that bill—addresses a profound uled for fall, 1996 on Stage 1. and a number of speeches last year, and and fundamental issue that is before I continue to quote: I suspect there may very well be Mem- this body. Should the Federal Govern- bers on both sides who would like to Mr. McNally will develop the rehearsal ment be in the business of judging and draft of the script in house at Manhattan make their views on the subject funding art? Should the Federal Gov- Theatre Club during the next year. CORPUS known, and they are invited to come to ernment be telling the rest of the coun- CHRISTI is a play for 13 actors. Requested the floor. try this is good art, or this is not good and matching funds will be spent on develop- With that, I suggest the absence of a enough for the Federal Government, ment, preproduction, rehearsal and the sub- quorum. signaling to the rest of the country scription run of the play at the Manhattan The PRESIDING OFFICER. The this art is superior or this art is wor- Theatre Club. clerk will call the roll. thy of your support while other art is That was the summation of the The legislative clerk proceeded to not? project activity included in the request call the roll. While my efforts last year to elimi- for funding as submitted by the Man- Mr. GORTON. Mr. President, I ask nate funding for the National Endow- hattan Theatre Club. The NEA applica- unanimous consent that the order for ment for the Arts were unsuccessful, I tion asked the applicant to ‘‘give a de- the quorum call be rescinded. am compelled to continue to raise this tailed description of the proposed The PRESIDING OFFICER. Without issue, hoping to persuade my col- project,’’ including, among other objection, it is so ordered. leagues that the Federal Government things, ‘‘the degree of development of Mr. GORTON. Mr. President, I under- should resign from its role as a na- the project.’’ The Manhattan Theatre stand now that Members on both sides tional art critic. It seems to me that to Club supplied the NEA with the follow- have agreed to a 1-hour—I will with- have the Federal Government as an art ing description: hold that request at this point. critic which determines what type or Spirituality has been one of the major Is the Senator ready? themes in Terrence McNally’s most recent Mr. ASHCROFT. I am prepared to go types of art are superior to other types plays at MTC. His next play, Corpus Christi, ahead. of art is not something that a free na- will be an examination of good and evil. He Mr. GORTON. Then, Mr. President, I tion would want to encourage. Govern- will use certain miracles in the life of Christ will yield the floor and I will ask the ment should not be in the business of as the inspiration for the story, which will Senator’s indulgence, if we have subsidizing free speech or putting its have a contemporary setting. cleared a time agreement, to get that so-called ‘‘Good Housekeeping Seal of * * * * * time agreement. We would like to have Approval’’ on certain pieces of so- Corpus Christi is an extremely ambitious a vote on the amendment before the called art. My amendment simply new work for Mr. McNally. MTC is proud to eliminates the $100 million appro- serve as the artistic home for this eminent lecture by Senator BYRD at 6 o’clock American playwright. Our relationship with this evening. priated by the bill to the National En- dowment for the Arts, and it takes the him is one of the most important and far- The PRESIDING OFFICER. The Sen- reaching models in our commitment to writ- ator from Missouri. available funds and puts them toward ers. We are confident that this project will AMENDMENT NO. 3593 the renovation and preservation of our break new ground for Mr. McNally as an art- (Purpose: To eliminate funding for the Na- national park system. ist, and that it will continue our tradition of tional Endowment for the Arts and to Since the last time we debated this providing innovative, important new plays transfer available funds for the operation issue, two relevant events have oc- to audiences in our community and beyond. of the National Park System) curred regarding the National Endow- That was from the Manhattan Thea- Mr. ASHCROFT. Mr. President, I ment for the Arts. First, news about tre Club grant application of October 2, thank the Chair. the play, and I quote the title here, 1995. S10372 CONGRESSIONAL RECORD — SENATE September 15, 1998 The NEA approved the grant to fund affair with Judas and sexual relations with funds. It is supposed to judge based Corpus Christi. On June 14, 1996, the the other apostles. The draft ends with the upon ‘‘artistic excellence’’—but how, NEA informed the Manhattan Theatre frank admission: ‘‘If we have offended, so be based upon the Manhattan Theatre Club that it had been awarded a $31,000 it. He belongs to us as well as you.’’ Club’s first description of Corpus Chris- grant ‘‘to support expenses for the de- A writer for a London newspaper, The ti—or based upon the sparse descrip- velopment and world premiere of the Guardian, gave even more descriptive tion of ‘‘Collected Stories’’—can any new play, ‘Corpus Christi,’ by Terrence details of the play Corpus Christi, person or review panel make an in- McNally, as outlined in your applica- which initially had been funded di- formed decision regarding artistic ex- tion cited above and the enclosed rectly by the National Endowment and cellence? project budget.’’ then, at the suggestion of the Manhat- Second, the NEA’s ease in allowing On December 17, 1996, however, the tan Theatre Club, had its NEA funding the Manhattan Theatre Club’s scope Manhattan Theatre Club wrote the switched to another project of the the- change demonstrates that the agency NEA requesting a scope change amend- ater to avoid the direct funding of Cor- chose to fund the project based upon ment to its grant so that it could re- pus Christi. Most of the details given in the Theatre’s reputation, rather than ceive Endowment funding for the New The Guardian cannot be discussed on upon the merits of a particular project. York premiere of Donald Margulies’ the Senate floor. However, the col- Such an action seems to be allowing de umnist concludes that, ‘‘the play’s wit ‘‘Collected Stories,’’ instead of for facto ‘‘seasonal support,’’ which even rests on its deliberately offensive, ‘‘Corpus Christi.’’ The Theatre Club the NEA admits is forbidden by law. knowing re-interpretation of the scrip- gave this sparse description of the new Seasonal support was the concept of ture.’’ saying we would just simply, as the project: Once the truth about Corpus Christi Government, give a particular organi- ‘‘Collected Stories’’ follows the relation- became public, the NEA quickly dis- zation, an art organization, an amount ship between an esteemed writer, Ruth avowed any involvement with the play. Steiner, and her promising student, Lisa of money in which to conduct a sea- On June 10, the NEA sent a letter to Morrison. As Lisa gradually transforms from son’s activities. It would not be with Members of Congress stating emphati- protege to peer, so does her relationship with reference to specific activities of the cally that ‘‘the NEA is not in any way Ruth. MTC has produced [Margulies’] ‘The organization. ‘‘We are going to fund Loman Family Picnic,’ the Obie winning supporting development or production their 1998 season, or their 1996 season, ‘Sight Unseen’ and ‘What’s Wrong With This of Corpus Christi.’’ Yet it can’t be de- Picture.’ This continues a very important ar- nied that the NEA approved funding for or subsidize the season.’’ The Congress, because it wanted tistic relationship between [Margulies] and the play, regardless of the vague de- more supervision on the part of the MTC. scription given it at the time of the The National Endowment approved grant request. NEA—it wanted assessments of the the scope change request. It switched The NEA fully intended to use tax- quality and nature of those items being the funding from Corpus Christi to the payers’ money to subsidize Corpus subsidized—outlawed or otherwise Collected Stories application. Based on Christi. As a matter of fact, I believe made improper, season support. It is that single paragraph, the NEA ap- that with the switching of the grant forbidden in the law. Yet, when the proved the scope change requested in from the one pocket to the other of the NEA allows organizations simply to January, 1997. Manhattan Theatre Club, the subsidy switch grants back and forth, it obvi- It was after that time that we began has the same impact. It was only at the ously provides a basis for the same to understand something about Corpus later request of the Manhattan Theatre kind of problems to arise as would Christi. We had heard very little about Club, not the NEA, that the money was arise when you just simply turned over either the Manhattan Theatre Club or diverted from Corpus Christi to the al- the money to the organization to sup- Corpus Christi until the last few ternate project. port a season, without regard to the months. Recently we have begun to see I am glad that no Federal funding di- specific matters being subsidized. the truth about Corpus Christi and the rectly went to pay for Corpus Christi. This situation also demonstrates the reason for switching from one pocket But it is because the Manhattan Thea- underlying problem with government to the other the grant application. We tre Club, not the NEA, made the funding of art. Government is not in a have learned more about the play for change or sought the change. And nev- good position to determine what is art. which the National Endowment for the ertheless, when you have a composite When government funds art, it is put in Arts awarded a grant—but did not of activities of an organization like a Catch-22 situation. fund—because the Manhattan Theatre Manhattan Theatre Club, some of Many Americans, including myself, Club, not the NEA, requested a scope which are subsidized locally or paid for feel strongly that the Government has change in its grant. locally, others of which are subsidized no business funding any theater that is On May 29 of this year, the New York federally, the capacity to maintain going to openly and proudly denigrate Times reported that it had obtained a that particular play as part of the of- the religious faith of a large segment of draft of the script for Corpus Christi, fering of the club is assisted and simply Americans. and stated that this draft, quoting made possible by the continuing sup- However, if one takes this view, he from the New York Times: port of the National Endowment for will be accused of censoring or making unconstitutional value judgments. My ** * suggests that rather than having spe- the Arts. Despite all the past con- cific phrases or scenes likely to cause con- troversy, despite all the improvements view is that the subsidization of art is troversy, it is the overall tenor, focus and to the NEA statutes, there is still wrong in the first place, but certainly point of the work that could be most at something fundamentally wrong with not to provide funding is not to censor, issue.’’ public funding of the arts. but that is the kind of charge that is While the Manhattan Theatre Club This matter involving the NEA, the made. had described the play in its fall sched- Manhattan Theatre Club, and Corpus On the other hand, if you can’t make ule as telling the story of ‘‘a young gay Christi, demonstrates a number of value judgments based on the content man named Joshua on his spiritual problems we have when the Federal of art, you will end up funding offen- journey’’ and providing Mr. McNally’s Government tries to fund art. sive and indecent materials. own unique view of the ‘‘greatest story First, the NEA does not exercise When the Government funds art, it ever told,’’ the New York Times col- proper oversight in awarding grants. It will always have to make value judg- umnist found a very different kind of seems incredible that the NEA would ments on what is art and what is not, story. approve such a significant change in a which is not an appropriate function of From beginning to end, says the col- grant request—from one project to a Government. The only way to solve umnist, the script: completely different one—based on a this problem is to get the Government * * * retells the Biblical story of a Jesus- single paragraph description in a letter out of the business of funding art. like figure from his birth in a Texas flea-bag from the grantee. Is this an appro- For those who say this is an issue of hotel * * * to his crucifixion as ‘‘king of the priate exercise of oversight? free speech, I ask you, How free is queers’’ in a manner with the potential to of- This action demonstrates how little speech when the Government pays? Not fend many people. Joshua has a long-running the NEA knows about the projects it very. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10373 The events surrounding the National ing art and to move those decisions port systems’’ for the arts, such as cuts Endowment for the Arts’ funding of the away from the affronts to the religious in NEA funding, has had some positive Manhattan Theatre Club in Corpus traditions of Americans. But then you effects. Christi underscore the need for the have the chairman of the NEA saying Parisi has said that cuts in Federal Federal Government to get out of the that the ruling of the Court was a ‘‘re- spending for the arts are causing ‘‘a business of funding art, which is a form affirmation of the agency’s discretion shake-out of the superficial.’’ What he of speech. Speech is not free if the Gov- in funding the highest quality art in is basically saying is when we cut sub- ernment funds it. If the Government America’’ and that it would not affect sidies for the arts, we knock out super- says that some speech is better than his agency’s day-to-day operations. ficial art that is not of value. other speech and prefers it by provid- Obviously, if the Congress’ effort to He goes on to say: ing a subsidy, the Government is im- provide a guideline for decency does The market demands a wider range, an ap- pairing the right of every citizen to nothing to affect the agency’s day-to- peal to a broader base. Arts and writers are speak and to express himself freely. day operations, we are going to have forced to get back to markets. What will Let me now turn to the second sig- problems similar to the problems that people buy? If you are tenured, if the Gov- nificant event that occurred since the came up surrounding the Corpus Chris- ernment buys, there is no response to irrele- last time we debated this issue on an ti funding. vance. appropriations measure, and that is the Hence, the Finley case does nothing Here is an artist who simply says, in Supreme Court’s recent decision in Na- to solve the underlying problem con- effect, that a subsidy to the arts not tional Endowment for the Arts v. Fin- fronting us and, in fact, demonstrates only wastes taxpayers’ money but it ley. that Government simply should not be corrupts the artists themselves. In National Endowment for the Arts in a position to determine what is art In short, the Government should not v. Finley, the Supreme Court upheld and what is not. pick and choose among different points the Federal statute directing the NEA There are a number of other reasons of view and value systems and continue to take into consideration ‘‘general why we should stop funding the NEA. I politicizing the arts. Garth Brooks fans standards of decency and respect for question whether it is a proper role of pay their own way, while the NEA the diverse beliefs and values of the the Federal Government to subsidize canvases the Nation for politically cor- American public’’ in making grants. free speech as we do through the NEA. rect art that needs a transfusion from In the case of the National Endow- Government subsidies, even with the the Treasury. It is bad public policy to ment for the Arts v. Finley, I repeat, best of intentions, are dangerous be- subsidize free expression. the Supreme Court upheld the will of cause they skew the market toward I would also like to point out that the Congress expressed in the statute, whatever the Government grantmakers Congress has no constitutional author- signed by the President, directing the prefer. The National Endowment for ity to create or fund the NEA. It is true National Endowment for the Arts to the Arts grants place the stamp of U.S. that funding for the NEA is relatively take into consideration ‘‘general stand- Government approval on funded art. small, although it is hard to say that ards of decency and respect for the di- This gives the endowment enormous $100 million is small. It is small in verse beliefs and values of the Amer- power to dictate what is regarded as comparison to the overall budget. Re- ican public’’ in making grants. art and what is not. gardless of the amount of money in- While some have said this ruling will A number of art critics and even art- volved here, elimination of this agency appropriately address concerns over ists themselves have observed this. Jan would send the right message that Con- the offensive attacks on religious Breslauer, Los Angeles Times art crit- gress is taking seriously its obligation groups and otherwise offensive mate- ic, puts it this way. She says that the to restrict the Federal Government’s rial that has been funded by the NEA, NEA’s subsidization of certain view- actions to the limited role envisioned this is simply not the case. points poses great problems—and I by the framers of the Constitution. No- In its opinion, the Supreme Court quote Jan Breslauer: where does the Constitution grant any noted that the NEA has implemented [T]he endowment has quietly pursued poli- authority that could reasonably be the law ‘‘merely by ensuring the rep- cies rooted in identity politics—a kind of construed to include the promotion of resentation of various backgrounds and separatism that emphasizes racial, sexual the arts. points of view on the advisory panels and cultural differences above all else. The During the Constitutional Conven- art world’s version of affirmative action, tion in Philadelphia, as a matter of that analyze grant applications.’’ these policies . . . have had a profoundly cor- It is interesting to note that the Su- rosive effect on the American arts— fact, in 1787, Delegate Charles Pinck- preme Court upheld the Federal stat- pigeonholing artists and pressuring them to ney introduced a motion calling for the ute directing the NEA to take into con- produce work that satisfies a politically cor- Federal Government to subsidize the sideration certain standards, and to see rect agenda rather than their best creative arts in the United States. Although the how the NEA had attempted to comply instincts. Founding Fathers were cultured indi- with the statute: by appointing indi- Jan Breslauer is basically saying viduals who knew firsthand of various viduals who might or might not rep- that a subsidy which encourages art European systems for public arts pa- resent those standards—‘‘merely by en- that the market would not otherwise tronage, they overwhelmingly rejected suring the representation of various respect or encourage corrupts the arts Pinckney’s suggestion because of their backgrounds and points of view on the and entices people into producing a belief in limited constitutional govern- advisory panels. .. .’’ That was the re- kind of art that they would not other- ment. sponse of the NEA. wise pursue for its artistically reward- Accordingly, nowhere in its list of The Court also said that the decency ing aspects. Rather, such a subsidy powers enumerated and delegated to and respect provision does not preclude pressures them to produce work that the Federal Government does the Con- awards to projects that might be inde- satisfies a politically correct agenda. stitution specify a power to subsidize cent or disrespectful. And, in fact, the In my judgment, this is not only an the arts. And that was in the face of a Court cautioned against any future use inappropriate disposition of taxpayers’ specific proposal to do so at the con- of the decency and respect standard to dollars. When we find out that the Gov- vention, but was overwhelmingly re- discriminate on the basis of viewpoint. ernment purchase of art corrupts the jected. Moreover, in response to the Finley arts by pressuring artists to work in There are a number of other reasons decision, Chairman Ivey said that the politically correct areas instead of in why we should eliminate funding for ruling was a ‘‘reaffirmation of the areas that best reflect their creative the National Endowment for the Arts, agency’s discretion in funding the instincts, we have gone beyond damage but time does not allow me to enumer- highest quality art in America’’ and to the taxpayer: we have begun to dam- ate them. Suffice it to say, it is time to that it would not affect his agency’s age the artistic community itself. end the Federal Government’s role of day-to-day operations. Joseph Parisi, editor of Poetry maga- paying for and thereby politicizing art. What you have is the Supreme Court zine, the Nation’s oldest and most pres- Former New York Times art critic affirming the Congress’ effort to shape tigious poetry magazine, I might add, Hilton Kramer observed this phenome- the decisions of the NEA for subsidiz- said that disconnecting ‘‘artificial sup- non back in the early 1980s and spoke S10374 CONGRESSIONAL RECORD — SENATE September 15, 1998 almost prophetically about how NEA The PRESIDING OFFICER (Mr. future challenges. The bottom line was, funding could in fact harm the arts. He SMITH of Oregon). The Senator from however, that the National Endowment put it this way: Washington. for the Arts, that had refused to fund The imperatives now governing much of Mr. GORTON. Mr. President, by rea- certain activities by Ms. Finley, among the commentary devoted to art tend not to son of the Byrd lecture this evening, I others, was upheld in that refusal. have anything to do with the real artistic now ask unanimous consent that the As long as the courts continue to up- issues, much less with the problem of artis- time between now and 5:30 p.m. be di- hold the National Endowment when it tic quality. They tend to be political. This, vided, with 17 minutes for the oppo- engages in that kind of rejection, I too, was probably inevitable given the role nents of the amendment and 8 minutes think we will be in good shape. If at that [our] government now plays in our cul- for the proponents of the amendment, some time in the future the Supreme tural life. and that at 5:30 the manager of the bill Court should say that this Congress I continue quoting: or his designee be recognized to offer a does not have the ability to provide So quickly has this role acquired the sta- motion to table, and that no second-de- limitations on the use of this money to tus of something external and irreversible gree amendments be in order prior to enforce commonly held decency stand- that there now exists an entire generation of the tabling vote. ards in the United States, we will be artists, critics, curators and bureaucrats The PRESIDING OFFICER. Without debating a different issue. But at the who have come of age believing that the life present time we are debating the issue of art is inconceivable without it. One some- objection, it is so ordered. times wonders what they think the life of art Mr. GORTON. Mr. President, I note of the continuation of the National En- in this country was like before 1965. It may the presence of the Senator from Mas- dowment for the Arts under the rules come as news to them to learn that Amer- sachusetts. I am going to use very lit- under which it has operated for the last ican art did not begin with the formation of tle of this time and will allow him to couple of years, during which it has not the National Endowment for the Arts, and speak on it. funded grants that outraged a signifi- that there were great art museums flourish- Mr. President, the eloquent and cant majority or even a very large mi- ing in this country long before there were thoughtful Senator from Missouri has nority of the American people. agencies in Washington monitoring, direct- raised two specific criticisms of the The great bulk of the grants—or ing and subsidizing their activities. Of all continuation of funding for the Na- rather most of the money that the Na- the changes that have occurred on the Amer- tional Endowment for the Arts uses— ican art scene since 1965, this one may well tional Endowment for the Arts. One re- prove to be the most fateful of all, for it al- lates to a notorious anti-Christian play goes to State art agencies. Most of the ready shows signs of making the called ‘‘Corpus Christi’’ about to be rest goes to institutional kinds of ac- politicization of art, and of our thinking produced in New York City, the spon- tivities—symphony orchestras, art mu- about art, a permanent feature of our cul- sor of which originally received the seums and the like. The restrictions on tural life. And this, I think, is not good news tentative NEA award on the basis of an the NEA funding of individual projects for the future of American art—or indeed, for application described by the Senator are very, very significant and have pre- the future of American society. from Missouri. vented the kind of controversies that Thoughtful individuals understand Personally, I think the NEA should took place 5 or 6 years ago. the pollution that politics and govern- probably have turned down that appli- In other words, Mr. President, it is ment bring when they seek to subsidize cation at the time at which it was my view that the reforms that have art and favor some art over other art. granted on the ground that it sounded been imposed on the National Endow- We need to heed Mr. Kramer’s warning as though the play was on no subject ment for the Arts by the Congress of and get the Federal Government out of other than a very standard and Ortho- the United States have, in fact, the business of being a national art dox Christian theme which is perhaps worked, and the grants made by the National Endowment for the Arts help critic. inappropriate for funding by govern- the arts scene all across the country, My amendment would do this by ment. eliminating funding for the National In any event, the National Endow- which are far more decentralized than Endowment for the Arts and by putting ment for the Arts has not funded the they were before, in far more under- available funds toward a more legiti- production of that play, might well served areas, in far more deserving en- tities in small towns and small cities mate cause—preserving and maintain- have decided that it did not wish to around the United States. ing our national parks. Our national subsidize anything else that the thea- On balance, it seems to me highly ap- park system, comprising 376 units and ter was doing, but certainly has not about 83 million acres, is America’s propriate to continue the modest sup- breached any of the requirements port that Congress gives for the NEA most educational playground, teaching which Congress has laid down for the more than 270 million visitors per year imprimatur. And almost all of our con- National Endowment for the Arts stituents involved in the arts tell us about our Nation’s history, about our itself. Had it gone ahead knowing what culture, about our traditions, and our that even a tiny grant from the Na- the play was about, we might be having tional Endowment provides for the arts natural landscapes. quite a much longer debate here today Our national parks are often the and entities that get the great bulk of and one in which the future of the Na- their money from charitable contribu- choice for family vacations, school tional Endowment for the Arts might tions, from generous-minded people in field trips, researchers, and foreign be very seriously under threat, includ- their own communities. I attended an tourists. They represent an appropriate ing, from among others, this Senator. opening of a new concert hall in Se- devotion of the resource which would Secondly, the Senator from Missouri attle on Sunday in which perhaps $100 otherwise go to subsidize art in a way quite accurately describes the decision million or more was spent for the Se- which is counterproductive to the qual- of the Supreme Court on the decency attle Symphony Orchestra, an occa- ity of art in our culture and many standards included in former and cur- sional minor recipient of grants from times is an affront to the understand- rent versions of the funding for the Na- the NEA. That fund drive was greatly ing, beliefs, and closely cherished reli- tional Endowment for the Arts. I say, strengthened by the kind of support gious traditions of the American peo- joining myself with the Senator from that the NEA gives. It is almost solely ple. Missouri as a former State attorney financed by State government, county I urge my colleagues to join me in general, that I was somewhat dis- government, local government con- passing this important amendment, appointed in that Supreme Court deci- tributions, and even larger contribu- this amendment which would zero out sion which largely ducked the fun- tions from the private sector itself. funding for the National Endowment damental issues that were involved in The NEA, for better or worse, is a for the Arts and make the remaining the limitations Congress has placed on catalyst for arts support, private and available funds available to the na- the way in which the National Endow- public, all across the United States, tional park system for renovation and ment for the Arts can make its grants. and the endowment should be contin- restoration and maintenance of the The Supreme Court at least nomi- ued. parks. nally upheld those decency provisions Mr. COATS addressed the Chair. I yield the floor. but raised some very serious questions The PRESIDING OFFICER. The Sen- Mr. GORTON addressed the Chair. about their future applicability under ator from Indiana. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10375 Mr. COATS. How much time remains Supreme Court this past June by a have led a charge against the agency— of the Senator from Washington? very substantial vote of 8–1. and each year the charge has effec- The PRESIDING OFFICER. There Mr. President, the Senate should not tively been turned back. are 10 minutes 29 seconds remaining. have a role as art critic, and certainly The funds provided in the current bill Mr. GORTON. Is the Senator not an not a role as censor. But it does have, are the same amount approved by the opponent of the amendment? as its primary and defining purpose, Senate last year after lengthy debate Mr. COATS. Of the proponents’ side the role of determining if public funds and deliberation. The bill also includes of the issue, how much time remains? are spent in the public interest. the priorities and limitations on these The PRESIDING OFFICER. Senator I started out these comments by ex- funds from last year to ensure the ef- ASHCROFT has 8 minutes remaining. pressing my support for the central fect of distribution of funds to neigh- Mr. ASHCROFT. I yield such time as mission of the promotion of the arts borhoods and communities across the the Senator from Indiana may con- and my appreciation for the grants country. sume. that have been made to different The arts have a central and indispen- The PRESIDING OFFICER. The Sen- projects in Indiana—worthy grants. sable role in the life of America. The ator from Indiana is recognized. However, in spite of this, I remain con- Arts Endowment contributes im- Mr. COATS. Mr. President, I rise vinced that, during the last three dec- mensely to that life. It encourages the today in support of Senator ASHCROFT’s ades in particular, the National Endow- growth and development of the arts in amendment. I have thought long and ment for the Arts has failed in its mis- communities throughout the nation, hard about this issue. We have debated sion to enhance cultural life in the giving new emphasis and vitality to it a number of times in committee and United States. It has brought con- American creativity and scholarship on the floor. I have come to the conclu- troversy to the whole area. Despite nu- and to the cultural achievements that sion that the Senator’s amendment is a merous attempts to reform it, the NEA are among America’s greatest correct amendment. It is correct be- attempts to support what I think are strengths. cause in so many ways this agency, the often politically correct but patently Compelling research underscores the role of the arts in student performance National Endowment for the Arts, has offensive projects. I don’t think we can in other academic subjects as well. A shown itself as not responsive to the ignore this. Congress and not responsive to the I think the central question is wheth- recent study by the College Board dem- American people. This is, in many er or not this is the best use of the tax- onstrated a direct correlation between study of the arts and achievement on ways, a difficult position for me to payers’ dollars. There are alternatives. SAT scores. Students who had four or take because I have long been a sup- I have supported and voted for efforts more years of arts courses scored 59 porter of the central mission of the to privatize this whole function. I have points higher on the verbal part of the NEA. A number of beneficial grants supported and voted for efforts to block SAT test and 44 points higher on the have been given to institutions in Indi- grant these funds to State councils, math part—compared to students with ana, and projects have been promoted which I think are much more respon- that I do believe serve a public inter- no equivalent courses in the arts. sive and responsible in terms of how If you were to, on the Senate floor, est. they are distributed. I have looked for I don’t dispute the fact that knowl- give us one indicator that can make a alternative ways of providing incen- difference in enhancing the academic edge and beauty are among some of the tives to support some of these very val- highest calls of any culture. But sadly, achievement and accomplishment of uable contributions that are made the young people in this country, the that has not been the debate of the last through various projects that exist in few years. We are not discussing the arts and the study of the arts has a our States. But I have been discour- record which is really second to none, role of the arts in our society. There aged time after time in terms of our let alone the value that it has in terms will always be a prominent role for art ability here to rein in what I think is of enriching our culture and our his- and culture in our society. What we are often an inappropriate use of these tax- tory and the history of this Nation. discussing here is the role of public payers’ dollars. For that reason, I sup- The arts are also an important part subsidy of that art, and the question of port the amendment being offered by of the economic base of communities whether or not we should appropriate the Senator from Missouri and urge my across the country. A study by the New tax dollars from our constituents to colleagues to do the same. England Foundation for the Arts em- fund these types of projects, particu- With that, I yield the floor. phasizes the economic impact. In 1995, larly when it seems that year after Mr. GORTON. Mr. President, I yield cultural organizations in the region year that funding raises questions and half of our remaining time to the Sen- had a total economic impact of nearly controversy. ator from Massachusetts and half to $4 billion. During that time, over Whenever we seem to revisit this the Senator from Utah. 99,000,000 people attended events and matter, we return to one central ques- The PRESIDING OFFICER. The Sen- performances sponsored by cultural or- tion: Do we in Congress have the right ator from Massachusetts is recognized. ganizations. That number is nearly 8 to take money from citizens and allow Mr. KENNEDY. Mr. President, I ask times the entire population of New it to be used in ways that, for many, go the Chair to notify me when 41⁄2 min- England. Clearly, programs in theater, against some of their most deeply held utes have passed. music and art are significant commu- religious and moral beliefs? Mr. President, I rise in strong sup- nity assets for both residents and tour- Over the last several years, several port of the National Endowment for ists. Members have been trying to ensure the Arts and full funding for the agen- That benefit is one of the reasons that Federal dollars are not used in cy as provided in the Appropriations why the United States Conference of ways that offend a majority of Ameri- Committee bill. Mayors strongly supports adequate cans. The Senator from North Carolina I commend the committee for its funding for the arts and humanities. At has tried to stop support for the most continuing strong support for this im- their meeting last June in Reno, NV, offensive projects by restricting the portant agency. I commend Senator the Conference adopted a resolution re- ability of the National Endowment for GORTON, Senator BYRD, and many affirming its support of the Arts and the Arts to fund projects which defile other members of the committee who Humanities Endowments and calling or offend people’s religious beliefs, and have demonstrated impressive leader- upon Congress to fund the agencies at projects which depict the body in de- ship on this issue, and essential funds the level of the President’s fiscal year grading and offensive ways. This effort are being provided to support Endow- 1999 request. Although the bill we are to limit objectionable projects by hold- ment programs in vital areas such as debating today does not reach that ing all grants to a decency standard music, dance, visual arts, theater, amount, the level of funding is reason- was a fiscally and, I believe, morally opera and arts education. able in light of the many other pres- responsible position, one that was sup- For nearly a decade, Congress has de- sures in the budget, and I hope we can ported, happily, by a majority of the bated the proper role of the Federal join in a bipartisan effort to enact it. Senate. I was pleased to see that the Government on the arts. Each year, a Bill Ivey, the new chairman of the decency standard was upheld by the small group of Endowment bashers Arts Endowment has pledged to comply S10376 CONGRESSIONAL RECORD — SENATE September 15, 1998 fully with the new regulations on over- outreach in Coalville, Kamas, the arts part of the education of our sight and outreach established by Con- Duchesne, Roosevelt, Castle Dale, Sa- young people and NEA has funded ex- gress last year. In an effort to reach lina, Beaver, and Price. traordinary programs that do just that. out to new communities, the Endow- To those Senators who say they have By exciting students about learning— ment has developed a new pilot project, never heard of those towns, I say that by making music, visual arts and song ArtsREACH, to help states that have most people in Utah have never heard part of their lives—in school, after- received five or fewer grants during the of them either. They are among some school or on weekends, we are previous two years. This new effort is a of our smallest communities. Without strengthening their education. By productive way to bring the Endow- the NEA money, they would not have strengthening their education, we are ment’s programs to new audiences in this educational outreach. strengthening our nation. small neighborhoods across the coun- NEA funds have helped fund commu- try, and I commend Chairman Ivey for nity arts’ councils around the State, A recent study has shown that stu- his leadership. including those in Springdale, Vernal, dents of the arts are more successful on Mr. President, I remember the won- Richfield, Riverton, Cedar City, and the SAT. In 1995, College Board figures derful lines of President Kennedy when Bluffdale, again in rural Utah. showed that students who had studied he talked about the age of Phidias also NEA funding in Utah includes the the arts four or more years scored 59 being the age of Pericles, and the age Festival of the American West, the points higher in the verbal and 44 of de Medici is also the age of Leonardo Children’s Museum of Utah, the North- points higher in the math portions of da Vinci, and the age of Elizabeth is ern Utah Choral Society, the Chamber the SAT compared with students who the age of Shakespeare. The point is Music Society of Logan, the Payson had no course work or experience in that at the time when we have had the Community Theater, the Utah Shake- the arts. Increasing our nation’s young greatest intellectual achievement and spearean Festival, the Dixie Art Alli- people’s exposure to the arts has meas- the most creative aspects of civiliza- ance, the Sundance Children’s Theater, urable good results. tion, going back to the time of the Ballet West, Repertory Dance Theatre, The NEA has also made a significant Greek civilization, we have also had Quarterly West, Ririe-Woodbury Dance difference in extending the availability ennobling periods in terms of the val- Foundation, the Utah Symphony, and of the arts in communities throughout ues of our own society and our own his- recently the central Utah Highlanders the country. There are programs sup- tory and our own forms of government. Pipe Band. ported by the NEA which are of im- Mr. President, this is a modest pro- The projects that I have listed are measurable benefit to folks all across posal. It used to be that we allocated Utah projects organized by Utahns. this nation—in every one of our States. the equivalent of two stamps for every The vast majority of the money spent Recently, the NEA has implemented American, in terms of the arts. Now on them is raised in Utah by Utahns. the ArtsREACH program which is de- the reduction is down to one stamp. In But here comes a bit of national rec- signed to increase the direct NEA this great Nation of ours, it seems to ognition that brings pride and satisfac- grant assistance to underserved areas. me that we can allocate those re- tion to the local folks all across my ArtsREACH holds great promise in pro- sources in ways that will help and as- State that says what you are doing is viding more American communities sist, preserve, support, and further the important, what you are doing deserves arts in our society. I hope the amend- national recognition, and what you are with the financial assistance that is ment of the Senator is not accepted. doing deserves Federal support. necessary to strengthen their own lo- The PRESIDING OFFICER. The Sen- I find as I walk around Utah sponta- cally-based arts endeavors. ator from Utah is recognized. neously people coming up to me, say- While federal funding for the arts is Mr. BENNETT. Mr. President, I have ing, ‘‘Senator, for all the things you but a small part of overall funding for two observations to make. We have had do, the one thing we most appreciate is the arts, the federal funds distributed this debate virtually every year since I your defense of the arts.’’ I would be by the NEA make a BIG difference in have been in the Senate. I don’t want unfaithful to those who asked me to spreading the cultural and artistic to repeat myself, although I have dis- continue that defense if I did not rise wealth of our nation to small towns covered since being here that there is again, as I have on every occasion and communities everywhere. This no such thing as repetition in the Sen- when this issue has come up, and make commitment to promoting outreach, ate. We always pretend as if we have it clear that I support these appropria- accessibility and participation in the never said it before. tions. arts, in my view, is the most important Two things. One, a historic comment I support the chairman of the sub- mission of the NEA. And it is some- by John Adams, writing to his wife committee in the way he has handled thing that the NEA has done quite well Abigail. He said: these appropriations. It is a legitimate since its creation in 1965. I must study politics and war that my sons expenditure of public funds. I hope it may have liberty to study mathematics and continues. The NEA’s commitment to excel- philosophy. My sons ought to study mathe- Mr. JEFFORDS. Mr. President, I lence in and access to the arts is evi- matics and philosophy, geography, natural would like to commend the Chairman dent in the types of grants it made to history, naval architecture, navigation, com- of the Subcommittee on Interior, Sen- Vermont. Vermonters—and others vis- merce, and agriculture, in order to give their iting the state—will now have an op- children a right to study painting, poetry, ator GORTON for his work, and the work music, architecture, statuary, tapestry, and of his staff in providing an increase in portunity to learn more about the pot- porcelain. appropriations for the National Endow- tery produced in Bennington from the One of the dearest dreams of our ment for the Arts. I believe that the late 18th century thanks to a grant Founding Fathers was that we, as a na- Committee recommendation reflects a made to the Bennington Museum; they tion, would turn our attention to the sound understanding about what this will have an opportunity to hear the arts and have our children and grand- public agency does. In recommending Vermont Symphony Orchestra perform children do the same. The second point an increase in funding for NEA, the in rural communities as part of the is that we have heard a great deal of Committee has acknowledged the posi- statewide ‘‘Made for Vermont’’ tour; various aspects of grants from the tive impact that the NEA has made to they will hear radio broadcasts on tra- NEA, where they have gone and what our nation, especially in the areas of ditional storytelling as part of the tremendous harm they are doing. education and exchange of cultural ‘‘New England Touchstones’’ series I would simply like to share with the programs across the country. produced by the Vermont Folklife Cen- Senate where the funds from the NEA As I just mentioned, one area that ter. Another NEA grant will allow Ver- go in my home State. I don’t usually deserves particular attention is edu- mont to export and share some of its list projects in my home State. But I cation. Broad based activities involv- talent with other states. NEA has pro- think in this case it would make a good ing the arts make a significant and vided support to the Manchester Music anecdote to some of the things we have positive difference in the lives of mil- Festival so that the Music Festival Or- heard. lions of children each year. chestra can play in schools in Ver- In Utah, NEA funds have been used It is in the national interest to pro- mont, New Hampshire, New York and for children’s theater with educational vide support for programs which make Massachusetts. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10377 It is examples like the ones I men- The National Endowment for the daresay I might not be standing on the tioned from Vermont, which under- Arts, the National Endowment for the floor of the Senate today. It was just a score the value of the federal govern- Humanities and the Institute for Mu- happenstance, just an opportunity. ment’s role in fostering our cultural seum and Library Services are agencies Every time we give a child that kind heritage. with small budgets that provide ex- of an opportunity, we are always a There is great value in ensuring that traordinary service to the people of stronger, better, more civilized nation. all individuals have an opportunity to this nation. I encourage my colleagues Thank you, Mr. President. experience the beauty of dance, the to support each of these agencies. Mr. ASHCROFT addressed the Chair. magic of theater, the enchantment of Again, I would like to thank Senator The PRESIDING OFFICER. The Sen- reading, and the wondrous way that GORTON for his leadership on this issue. ator from Missouri is recognized, and visiting a museum can take you to an- Mr. GORTON. Mr. President, how has 3 minutes 26 seconds remaining. other place. Our federal investment in much time do I have remaining? Mr. ASHCROFT. Mr. President, I rise the arts yields returns of immeasurable The PRESIDING OFFICER. Two to oppose the National Endowment for value. minutes 15 seconds. the Arts—not because I am against art, For those who have been skeptical of Mr. GORTON. Mr. President, would but because I favor art; not because I providing funds to the NEA in the past, the Senator from Arkansas like the want to corrupt art, but because I want I would hope that they would take note last 2 minutes that is available? it to remain uncorrupted. of the significant changes that have Mr. BUMPERS. I would. I thank the Let me address some of the issues been made by Congress and the Agency Senator very much. that have been raised. It was just said itself to improve operations and make The PRESIDING OFFICER. The Sen- that we lack civility; so we need Gov- the NEA more responsive to the needs ator from Arkansas. ernment funding for the arts. We have of the American people. Bill Ivey has Mr. BUMPERS. Mr. President, since I seen that Government funding has fre- recently taken over as Chairman of the have been in the Senate, I have come quently meant pornography, obscenity, NEA and I believe we should give him to the floor—and I would not want to attacks on religious faith, an opportunity to succeed. As I men- miss my last opportunity before I leave Mapplethorpe—I don’t have to go fur- tioned, the ArtsREACH program will the Senate—to express my strong, ther. go a long way in ‘‘spreading the strong support of the National Endow- We have had great art. We have had wealth’’ of the NEA more widely. This ment for the Arts. great civility in this country. But we program represents a step in the right We talk a lot in this country about have not had an increase of civility, as direction taken by the agency. There how uncivil we have become; how un- we have had the National Endowment are now members of Congress sitting civil our children have become. During for the Arts, since the 1960s. I challenge on the National Council on the Arts the same time—I am not making the whether that is the case. who are able to participate ‘‘first- correlation—the National Endowment Secondly, it was said that those who hand’’ in the grant making decisions of for the Arts’ funding has gone down study art get better grades in school. the Agency. Caps on funds available to about 50 percent. I think it was close to Well, undoubtedly they do. But since any one State are in effect assuring a $200 million when I came here. the 1960s, when we started the National more fair distribution of funds to all I can tell you an experience I had Endowment for the Arts, we have not States. These improvements thought- when I was overseas waiting to come seen an increase in the Scholastic Apti- fully and directly address criticisms home after the war, and was bored to tude Tests, we have seen a decrease in that have been made in the past. death. I have told this story before. Art is important to the people of this them. Art is one thing. Federally sub- But it is worth repeating. I saw a sign nation and the NEA helps make the sidized art is another. up on the bulletin board one day: It has been alleged that people are arts a part of more peoples lives. Just ‘‘Would you like to learn about Shake- two weeks ago, over 2,600 people waited grateful for art welfare, that they come speare? Come to such and such a room in line for over six hours outside the and they say, ‘‘Thank you for the art tonight.’’ So about six people just like National Gallery of Art to secure a money you give us.’’ Well, I don’t know ticket to the upcoming exhibition of me, bored stiff, waiting to get home, of a single time when the Government works of art painted by Vincent Van went over. It turned out that a Harvard hands out money that people don’t Gogh. The temperature was 97 degrees! dramatist—a drama coach from Har- gratefully come by and say, ‘‘Thank yet people braved the heat for hours vard—had put up the sign. you for the money you give us in our just to have the opportunity to admire He began to tell us about Shake- community.’’ the works of this great master painter. speare. He began to tell us about Ham- It has been alleged that the Founding This exhibition would not be possible let. He had a tape recorder. In those Fathers such as John Adams liked art. without the support that the NEA pro- days I had never seen a tape recorder. Of course they liked art. They had bet- vides though indemnity and clearly, I remember. He said, ‘‘Listen to this.’’ ter art to like in many circumstances this type of sponsorship is just the He spoke into his tape recorder and he than we do. It wasn’t art corrupted by kind of thing the people of our nation proceeded to deliver Hamlet’s speech to the Federal Government or a subsidy want us to invest in—the numbers the players. It was a magnificent thing. that demanded that the art be politi- make that clear! It was the most mellifluous voice I had cally correct or that it be on the cut- Society, since the beginning of time, ever experienced. He played it back on ting edge of some social theory. has left behind a chronicle of the past his tape recorder. I was just stunned. It The suggestion is that our founders through its art. We will be remembered was just so beautiful. He handed us the wanted us to have great art. Yes, they and understood by the architecture, tape recorder, and he said, ‘‘We are did, but they didn’t want it in the Con- monuments, arts and writing we pass going to have each one of you do the stitution, and they specifically re- on to the next generation. What we do same thing.’’ I remember. I was about jected authority in the Constitution to today will have an enormous impact in the second one. He handed us the fund art. the future and how we as a nation are script. I cannot tell you how embar- Let’s just make it clear that the Fed- perceived in the future. We must not be rassed I was. I went ahead, and read eral Government does not need to be shortsighted and we should recognize ‘‘Speak the speech, I pray.’’ I read the signaling to the art community or that nurturing and preserving the whole speech. I still remember it. I will Americans what art is good art or what heart and the soul of our country today not repeat it here. Then he turned the art is bad art. As a matter of fact, it will preserve the greatness of the na- tape recorder on, and it came back. It even corrupts our foundations. About a tion for all time. was pure ‘‘Arkansas redneck.’’ year ago, the Orange County Register It is my hope that the Senate will I made up my mind right then that I carried an editorial which said that so stand firm in and support the rec- did not want to sound like that the rest many foundations don’t bother to as- ommendation made by the Interior Ap- of my life. To be brutally frank with sess what is going on anymore; they propriations Committee and support you, if it had not been for the experi- just look for where NEA is sending its this modest increase in funding for the ence I had with that drama coach for grants, and they have their grants fol- NEA. all of those nights—about six nights—I low on. S10378 CONGRESSIONAL RECORD — SENATE September 15, 1998 I think we would be better off if we Gregg Leahy Santorum S. 2237, INTERIOR APPROPRIATIONS, 1999 SPENDING Harkin Levin Sarbanes urged people consuming or funding art Hatch Lieberman Smith (OR) COMPARISONS—SENATE-REPORTED BILL—Continued in this country to be careful about it, Hutchison Lugar Snowe [Fiscal year 1999, in millions of dollars] to think about it in terms of its qual- Inouye Moseley-Braun Specter ity, to think about it in terms of its Jeffords Moynihan Stevens De- Non- Man- Johnson Murkowski Thomas fense de- Crime datory Total potential for greatness, to think about Kempthorne Murray Thurmond fense what it calls us to. Does it call us to Kennedy Reed Torricelli 1998 level: greatness? The Federal Government, Kerrey Reid Warner Budget authority ...... ¥308 ...... 3 ¥305 Kerry Robb Wellstone Outlays ...... 311 ...... 8 319 with its sense of politics, doesn’t need Kohl Roberts Wyden President’s request to be signaling that some art is wor- Landrieu Rockefeller Budget authority ...... ¥659 ...... ¥659 Lautenberg Roth Outlays ...... ¥425 ...... ¥425 thy, some speech is worthy, other art is House-passed bill: unworthy, other speech is to be dis- NAYS—22 Budget authority ...... 34 ...... 34 Outlays ...... 3 ...... 3 regarded. Allard Hagel McConnell It is not that we do not believe in art Ashcroft Helms Nickles Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions. in America. All of us understand that Brownback Hutchinson Sessions the gifts of expression which God has Coats Inhofe Shelby Mr. DOMENICI. Mr. President, I com- Coverdell Kyl Smith (NH) given us are to be developed and they Faircloth Lott Thompson mend the full committee and our Inte- should be developed educationally and Gramm Mack rior Appropriations Subcommittee for by individuals. But because art is ex- Grams McCain the hard work on this bill. As a mem- pression and because it is related to NOT VOTING—2 ber of the subcommittee, I am espe- values and because it is speech, it is in- Hollings Mikulski cially grateful to our chairman, the appropriate for the Government to say distinguished Senator from Washing- The motion to lay on the table the that some art is to be funded, some art ton (Mr. GORTON) for his sensitivity to amendment (No. 3593) was agreed to. is to be subsidized, and other art is to the special needs and concerns of New Mr. GORTON. Mr. President, I move be disregarded, that other art is some- Mexicans. We live in a State with vast to reconsider the vote by which the how unworthy and not to be provided Federal land ownership. Programs motion was agreed to. merit. within the Interior Department and Mr. BENNETT. I move to lay that I believe that we will be a more civil the Forest Service, especially, which motion on the table. are funded by this bill, have a major society if we have a marketplace which The motion to lay on the table was determines what happens in the art impact on the lives of my constituents. agreed to. As in previous years, it has been a community rather than a subsidy from Mr. DOMENICI. Mr. President, the Government. I believe we will be a well pleasure working with Senator GORTON Senate is now considering S. 2237, the to craft a bill that is good for both New educated people, but it will be when we Department of the Interior and Related understand art for its value to us, not Mexico and the Nation. Agencies appropriations bill for fiscal I am especially pleased that this bill art that we receive at the hand of Gov- year 1999. ernment or art that becomes a part of accommodates additional funding for The Senate bill provides $13.5 billion the New Mexico Hispanic Cultural Cen- a welfare state for the rich or for oth- in budget authority and $8.7 billion in ers in the community. I believe that ter in Albuquerque and the El Camino new outlays to operate the programs of Real International Heritage Center, as art is an expression that ought to be the Department of the Interior and re- regarded as an individual’s choice. well as for Bandelier, Aztec ruins and lated agencies for fiscal year 1999. Petroglyph national monuments, the The PRESIDING OFFICER. The Sen- When outlays from prior year budget ator’s time has expired. Rio Puerco watershed rehabilitation, authority and other completed actions and the Middle Rio Grande Bosque Re- Mr. GORTON addressed the Chair. are taken into account, the bill totals The PRESIDING OFFICER. The search proposal. This bill also provides $13.5 billion in budget authority and increased funding for the vanishing manager of the bill. $14.0 billion in outlays for fiscal year Mr. GORTON. I move to table the treasures initiative and continues sup- 1999. port for my Indian diabetes initiative. Ashcroft amendment and ask for the The subcommittee is below its sec- yeas and nays. At a time when we are asking every tion 303(b) allocation for budget au- committee of the Senate to work with The PRESIDING OFFICER. Is there a thority and outlays. tight spending caps to preserve and ex- sufficient second? Mr. President, I ask unanimous con- tend the progress we have made in bal- There is a sufficient second. sent that a table displaying the Budget ancing the budget, the committee has The question is on agreeing to the Committee scoring of this bill be print- reported to the floor a bill that still motion to table the Ashcroft amend- ed in the RECORD at this point. provides for an increase in spending for ment No. 3593. The yeas and nays have There being no objection, the mate- our national parks. Hard choices were been ordered. The clerk will call the rial was ordered to be printed in the made to achieve this increase and I ap- roll. RECORD, as follows: plaud the committee’s work in provid- Mr. FORD. I announce that the Sen- ing this increase. S. 2237, INTERIOR APPROPRIATIONS, 1999 SPENDING ator from South Carolina (Mr. HOL- Mr. President, I urge the adoption of COMPARISONS—SENATE-REPORTED BILL LINGS) and the Senator from Maryland the bill. [Fiscal year 1999, in millions of dollars] (Ms. MIKULSKI) are necessarily absent. f The PRESIDING OFFICER. Are there Non- any other Senators in the Chamber De- Man- MORNING BUSINESS fense de- Crime datory Total who desire to vote? fense Mr. GORTON. Mr. President, I ask The result was announed—yeas 76, Senate-reported bill: unanimous consent that there now be a nays 22, as follows: Budget authority ...... 13,404 ...... 58 13,462 Outlays ...... 13,959 ...... 58 14,017 period for the transaction of morning [Rollcall Vote No. 269 Leg.] Senate 302(b) allocation: business, with Senators permitted to Budget authority ...... 13,410 ...... 58 13,468 YEAS—76 Outlays ...... 13,960 ...... 58 14,018 speak for up to 10 minutes each. 1998 level: The PRESIDING OFFICER. Without Abraham Byrd Domenici Budget authority ...... 13,712 ...... 55 13,767 Akaka Campbell Dorgan Outlays ...... 13,648 ...... 50 13,698 objection, it is so ordered. Baucus Chafee Durbin President’s request f Bennett Cleland Enzi Budget authority ...... 14,063 ...... 58 14,121 Biden Cochran Feingold Outlays ...... 14,384 ...... 58 14,442 ACKNOWLEDGMENT OF SENATOR Bingaman Collins Feinstein House-passed bill: Budget authority ...... 13,370 ...... 58 13,428 COATS’ 100TH PRESIDING HOUR Bond Conrad Ford Outlays ...... 13,956 ...... 58 14,014 Boxer Craig Frist SENATE-REPORTED BILL Mr. LOTT. Mr. President, today I Breaux D’Amato Glenn COMPARED TO— have the pleasure to announce that Bryan Daschle Gorton Senate 302(b) allocation: Senator COATS is the latest recipient of Bumpers DeWine Graham Budget authority ...... ¥6 ...... ¥6 Burns Dodd Grassley Outlays ...... ¥1 ...... ¥1 the prestigious Golden Gavel Award, September 15, 1998 CONGRESSIONAL RECORD — SENATE S10379 marking his 100th hour as Presiding Of- precious resources. Land Between the hundred forty-four thousand, six hun- ficer over the U.S. Senate. Lakes is a place for both the young and dred seventy-six dollars and thirteen The awarding of this Golden Gavel is old, Kentuckians and visitors to our cents). particularly special, as Senator COATS state to appreciate nature in its purest Five years ago, September 14, 1993, is retiring at the end of this Congress. form. TVA is keeping a promise made the federal debt stood at It was Senator COATS’ desire to win a to the original land owners to con- $4,387,136,000,000 (Four trillion, three Golden Gavel before his departure. He serve, protect and keep the land in its hundred eighty-seven billion, one hun- has achieved this honor through dedi- natural state. dred thirty-six million). cation and the willingness to assist Mr. President, a provision of this bill Ten years ago, September 14, 1988, with presiding whenever possible. transfers the administrative authority the federal debt stood at It is with sincere appreciation that I of Land Between the Lakes to the Na- $2,597,643,000,000 (Two trillion, five hun- announce to the Senate the latest re- tional Forest Service if Congress does dred ninety-seven billion, six hundred cipient of the Golden Gavel Award— not appropriate $6 million to manage forty-three million). Senator DAN COATS of Indiana. the recreation area. But in Kentucky, Fifteen years ago, September 14, 1983, f we believe if it isn’t broken don’t fix it. the federal debt stood at The people of Kentucky who sacrificed $1,354,836,000,000 (One trillion, three TRANSFER OF LAND BETWEEN their family land to create Land Be- hundred fifty-four billion, eight hun- THE LAKES FROM TVA TO THE tween the Lakes do not want this dred thirty-six million). FOREST SERVICE transfer to occur. They cannot under- Twenty-five years ago, September 14, Mr. FORD. Mr. President, I rise stand why people in Washington want 1973, the federal debt stood at today to speak about an issue that is of to take away TVA’s administrative au- $461,118,000,000 (Four hundred sixty-one great importance to my state. For over thority of Land Between the Lakes billion, one hundred eighteen million) 30 years the Tennessee Valley Author- when Kentuckians are happy with the which reflects a debt increase of more ity has administered a parcel of land in status quo, and I’m having a hard time than $5 trillion—$5,087,140,444,676.13 Kentucky called Land Between the explaining why people who don’t live in (Five trillion, eighty-seven billion, one Lakes. For those of you who have not Kentucky are making this decision. It hundred forty million, four hundred had the pleasure of visiting this region, doesn’t make sense to my constituents forty-four thousand, six hundred sev- Land Between the Lakes is used for and I agree. enty-six dollars and thirteen cents) recreational and educational activities If Congress is willing to appropriate during the past 25 years. and for pure enjoyment of the land’s $6 million for Land Between the Lakes f beauty. for the Forest Service, then it’s send- DR. MARIAFRANCA MORSELLI In 1961 TVA proposed to President ing a clear message that it supports Kennedy that land between Lake Bar- continued funding for Land Between Mr. LEAHY. Mr. President, I rise to kley and Kentucky Lake be established the Lakes. If Congress intends to fund pay tribute to the life work of Dr. as a national recreation area. In 1963 Land Between the Lakes then it makes Mariafranca Morselli. that proposal became a reality. Ini- sense to fund it through TVA, an estab- In 1964, it was our good fortune that tially, TVA was to administer Land Be- lished and successful route of manage- Dr. Morselli joined the Maple Research tween the Lakes for about 10 years as a ment. team at the University of Vermont. temporary demonstration project after Who administers Land Between the She has been a family friend and an in- which permanent administration would Lakes may not be an issue of national formal advisor to me for decades. be determined. Though no formal pro- importance, but for Kentuckians it is a Her research has considerably helped ceedings were held to determine who matter of pride and honor in protecting the Maple Syrup Industry to improve should administer Land Between the their land. For the last couple of years production methods and the quality Lakes it has been the custom and prac- we’ve all heard how important it is to and maple products. This work has tice of Congress to provide annual ap- give local communities the power to been invaluable to my home state. propriations to TVA for Land Between make decisions that directly affect Vermont is the largest producer of the Lakes. their lives. When it’s in Congress’ best maple syrup in the United States. TVA has invested years in creating a interest, they’re all for giving local There are approximately 2000 program that meets the needs of all communities the power to make their sugarmakers in the state and the in- Land Between the Lakes visitors. Ac- own decisions. But for Kentuckians dustry provides about 4000 jobs in Ver- cording to the Administration Land who gave up their land to help create mont. Maple sugaring is critical to Between the Lakes is ‘‘the hub of tour- Land Between the Lakes, Congress be- maintaining the beauty of the working ism and recreation industry that annu- lieves it knows better what’s in their landscape of Vermont, providing added ally generates $400 million in economic best interest. income to help family farms stay in activity in nine contiguous counties.’’ This provision threatens the integ- business. TVA has the equipment, it has the re- rity of the land and the integrity of the We take great pride in the worldwide sources and it has employees to do the people of Kentucky. My fellow Ken- acclaim for the quality and taste of job correctly. TVA has a vested inter- tuckians have never been shy about Vermont maple products. est in protecting the integrity of the letting me know what is best for them Dr. Morselli is a pioneer. She re- land, a vested interest like the original and I’ve never been afraid to listen. ceived her doctoral degree in Natural landowners who want to assure their Transferring administrative authority Sciences and Botany from the Univer- land in Kentucky receives the upmost of Land Between the Lakes away from sity of Milan, Italy in 1946, and taught care and protection. And Mr. Presi- TVA is a bad move. The proposal of in a college in Milan. After working in dent, people in the Commonwealth of this transfer has caused an emotional both Italy and the United States, she Kentucky have deep cultural ties to response and divided communities. It settled in Vermont to continue her re- the land. Land Between the Lakes is does not represent the best interest of search. not just another recreation area—it is Land Between the Lakes, the original In 1983, she was the first woman to a part of family history. Kentuckians landowners’ families, nor the people of received the Outstanding Service gave up their rights to property that Kentucky. Award in research by the North Amer- had been in their family for genera- f ican Maple Syrup Council. In 1988, she tions, so the whole world would have received three awards, each time as the the opportunity to enjoy Land Between THE VERY BAD DEBT BOXSCORE first female recipient: the Research the Lakes and its natural resources. Mr. HELMS. Mr. President, at the Service Award from the International Creation of Land Between the Lakes close of business yesterday, Monday, Maple Syrup Institute; the Maple as a national recreation area was not September 14, 1998, the federal debt Syrup Person of the Year Award from without incident. But over the years stood at $5,548,258,444,676.13 (Five tril- the Vermont Maple Industry; and the TVA has proven itself as a worthy lion, five hundred forty-eight billion, Maple Syrup Producer of the Year guardian of one of Kentucky’s most two hundred fifty-eight million, four Award from the Vermont Maple Sugar S10380 CONGRESSIONAL RECORD — SENATE September 15, 1998 Makers’ Association. In 1991, Dr. During an otherwise privileged childhood, In July, I was back in Espan˜ ola for Morselli was the first woman to be in- Morselli adopted a feminist perspective be- annual fiesta and the official first sale ducted into the American Maple Hall cause her mother was ‘‘a society belle who of the United States commemorative of Fame. imparted a stern sense of duty in life and stamp. This starkly beautiful stamp She also volunteers her time in ac- work,’’ she said. With her husband-to-be, Mario, she came has done more than I first imagined to tivities related to improving education to the United States just after World War II. bring a new unity to the historic at all levels for women in math and Although not romantically attached at the Espan˜ ola Valley. Both the Spanish and science. She has been appointed to the time, they both taught at an Illinois college: Indian cultures in this valley have Governor’s Commission on Women and His field was chemistry, before he turned to openly expressed and celebrated the to the Vermont Developmental Disabil- writing about military history; hers were zo- positive aspects of bringing two dis- ities Council. In recognition of her ology and botany. tinct cultures together. commitment to the role of women in The couple moved to Italy and married in 1949. They returned to America eight years The Quarto Centenario, or 400th An- academia, upon her retirement from niversary, is a most vital and memo- the University of Vermont, students later, living in New York and skiing in Stowe. rable commemorative year for New and colleagues established ‘‘The The purchase of a Danville farm in 1959 Mexicans and for our nation. New Mariafranca Morselli Leadership provided the impetus for the Morsellis to Mexico’s newspapers are reporting Award.’’ The award is given yearly to make Vermont their full-time home in the many of the historical details of the an undergraduate woman who has early 1960’s. They have three grown daugh- early Spanish colonization of the made special contribution as a scholar ters, including state archaeologist Giovanna Southwest. Educators and museums and in advancing equity for women. Peebles, and four grandchildren. Morselli, who is chairwoman of the Amer- are providing many opportunities to Mariafranca has incredible energy. In revisit our state history through fact, in 1985, the Burlington Profes- ican Association of University Women’s pub- lic policy committee and serves as environ- music, dance, and lectures. sional Women honored her as one of mental coordinator for the League of Women The Archdiocese of Santa Fe has re- Vermont’s Most Exciting Women. Voters, is constantly on the go. In her spa- cently published ‘‘Four Hundred Years She never slows down. Earlier this cious condo near Kennedy Drive, the phone of Faith.’’ This fascinating review of month, Governor Dean of Vermont ap- keeps ringing and the fax is always hum- the critical role of the Catholic Church pointed Dr. Morselli to the state Af- ming. in shaping the culture of New Mexico is firmative Action Council. ‘‘I have tremendous energy,’’ she said, re- I applaud her tireless efforts to im- ferring to her extensive community service. well told and beautifully illustrated, prove the world in which we live. I am ‘‘I think it comes from my Yankee/northern including photographs of all the Catho- proud to call Dr. Mariafranca Morselli Italian stock.’’ lic Churches in New Mexico. my friend. I also want to mention how The other clue to Morselli’s activism Don Juan de On˜ ate, the original might be her sense of free will. ‘‘I always Spanish colonizer, was accompanied by much her friendship meant to my late told my students, ‘You are your destiny,’ ’’ mother, Alba Leahy. My mother al- the Sons of St. Francis who walked she said. into northern New Mexico with On˜ ate ways enjoyed her conversation with Dr. Beyond that, ‘‘I love my work. I love my Morselli. She especially enjoyed them husband. I love my family. Love has been the in 1598. As described in the book from because she could use her native motif of my life.’’ the Archdiocese, ‘‘What resulted from tongue, Italian. f the first struggles was nothing less I ask unanimous consent that at the than the birth of New Mexico culture conclusion of my remarks an article HISPANIC HERITAGE MONTH and Catholicism that can truly be from the Burlington Free Press be in- Mr. DOMENICI. Mr. President, 1998 is called indigenous to this land. The rec- cluded in the CONGRESSIONAL RECORD. a very special year for celebrating His- onciliation between the Spanish and There being no objection, the article panic roots in New Mexico. This year Indian people produced a faith capable was ordered to be printed in the we are commemorating the 400th anni- of adapting to different circumstances, RECORD, as follows: versary of the first permanent Settle- as well as being inclusive of the many [From the Burlington Free Press, Sept. 7, ment in the Southwest, which took different peoples already present and 1998] place in the Espan˜ ola Valley near San those that would follow.’’ SCIENTIST CONTINUES ACTIVIST DUTIES Juan Pueblo of New Mexico in 1598. ‘‘The eminent Pueblo scholar Profes- DEAN APPOINTS RETIRED EDUCATOR TO Dozens of meaningful and beautiful sor Joe Sando has written of these ADVISORY COUNCIL events have already been held in honor positive accomplishments. He notes (By Susan Green) of this anniversary. I participated in a that the Pueblo Indians have fared As the sole female on the faculty of the particularly stirring event at the San much better under the Spanish than University of Vermont’s botany department Gabriel Chapel in Espan˜ ola last spring. the Indians on the East Coast of the for almost 25 years, Mariafranca Morselli ˜ United States. There are no Indian was determined to give her gender a boost. The Spanish Mayor of Espanola, Rich- Gov. Howard Dean has appointed the South ard Lucero, organized a very special markets in Boston or New York. Their Burlington resident to the Affirmative Ac- event with Governor Earl Salazar of Indian culture was pretty well de- tion Council, a 15-member advisory board San Juan Pueblo and Governor Walter stroyed. In New Mexico, Indian culture that examines issues of equal opportunity Dasheno of Santa Clara Pueblo to still flourishes.’’ for minorities in the state. unveil the design for a commemorative Spain has also been an active partici- ‘‘She’s a tremendous asset,’’ Dean said of stamp featuring the San Gabriel Chap- pant in the Quarto Centenario. The the 75-year old Morselli, who is a native of Vice President of Spain, Francisco Al- Italy. ‘‘I recognize her important efforts to el and the ‘‘Spanish Settlement of the advance women in the field of science.’’ Southwest—1598.’’ This is 22 years be- varez-Cascos, and the Spanish Ambas- The Milan-born educator also advanced fore the Pilgrims landed at Plymouth sador to the United States, Antonio de Vermont’s maples for more than two dec- Rock. Oyarzabal, and their delegation visited ades, from 1964 through 1988, as a research The Governors and the Mayor ex- key Spanish historic sites in New Mex- professor familiar with the trees and the peo- changed stories about the importance ico last spring. ple who tap them. After she retired from of their respective cultures to each This Spanish delegation traveled to teaching, Morselli continued her involve- ˜ ment with the industry through projects for other. All those present were moved by Espanola and San Juan Pueblo, where the North American Maple Syrup Council. In the stories of lasting friendships On˜ ate’s original expedition established 1991, she became the only woman ever elect- formed on baseball fields, and mar- the first Spanish settlement in the ed to the National Maple Museum Hall of riages between Indians and Hispanics. Southwest. A powerful reconciliation Fame. There were also strong expressions of meeting was held with New Mexico ‘‘When I first started, I felt quite humble,’’ Hispanic and Indian intent to keep Pueblo Indian leaders at San Juan she said of her foray into the largely male forging their futures together, along Pueblo. world of maple production. ‘‘Vermonters did not pay much attention to a scientist who is with the Anglo culture. I wish those At this historic meeting, Indian lead- a woman who came from another country. meaningful stories and moments could ers stressed the beneficial aspects of But I was working for them and got their have been enjoyed first hand by more Spanish settlement, like art, agri- trust.’’ New Mexicans. culture, trading, government, and the September 15, 1998 CONGRESSIONAL RECORD — SENATE S10381 introduction of Catholicism. The In- Mujeras’’ (Our Women). The ‘‘Dı´a de La fenses and who are currently living freely in dian proclamation, however, also stat- Raza’’ (Day of Hispanics) will be a Cuba. ed that the period of settlement major event in October with events at The message further announced that ‘‘brought great suffering and pain’’ for the University of New Mexico, the new the House has passed the following bill, both the Pueblo people and the coloniz- Albuquerque Civic Plaza, and the Albu- with amendments, in which it requests ers. querque Museum. When moving events the concurrence of the Senate: This day of reconciliation in late like these are attended and remem- S. 2032. An act to designate the Federal April focused on forging stronger ties bered, New Mexico and America will building in Juneau, Alaska, as the ‘‘Hurff A. between Spain and the Indian pueblos, have a better sense of pride in its Span- Saunders Federal Building.’’ with the promise of educational, eco- ish roots. The message also announced that the nomic development and cultural oppor- As our nation celebrates and ac- House has passed the following bill, tunities. knowledges Hispanic Heritage Month with an amendment, in which it re- As a follow-up to the promises of this in 1998, I wish to commend the thou- quests the concurrence of the Senate: historic reconciliation, hundreds of sands of New Mexicans who have S. 2206. An act to amend the Head Start New Mexicans, are planning to go to worked so hard to bring their Spanish Act, the Low-Income Home Energy Assist- Spain in November on a trade and cul- heritage to the forefront during the ance Act of 1981, and the Community Serv- tural exchange mission. Cuarto Centenario—the 400th anniver- ices Block Grant Act to reauthorize and The Spanish Vice President Alvarez- sary of the first permanent Spanish make improvements to those Acts, to estab- Cascos summarized the day in his re- settlement in the Southwest. Ameri- lish demonstration projects that provide an mark that, ‘‘We are the sons of our cans can be grateful for these fine mo- opportunity for persons with limited means to accumulate assets, and for other purposes. past history, but we are also the fa- ments of remembrance, reconciliation, thers of our future.’’ He said the two and cultural gems for creating a The message further announced that peoples ‘‘want to know each other bet- stronger future. the House has agreed to the following concurrent resolutions, without ter to build a new friendship.’’ f A sacred buffalo dance was performed amendment: by Pueblo dancers with men wearing MESSAGES FROM THE HOUSE S. Con. Res. 105. Concurrent resolution ex- authentic buffalo headdresses. Hun- At 11:25 a.m., a message from the pressing the sense of the Congress regarding dreds of New Mexicans attended this House of Representatives, delivered by the culpability of Slobodan Milosevic for war outdoor event on the San Juan Pueblo crimes, crimes against humanity, and geno- Mr. Hays, one of its reading clerks, an- cide in the former Yugoslavia, and for other Plaza in spite of the blustery weather. nounced that the House has passed the purposes. The spirit of unity and harmony was following bills, in which it requests the S. Con. Res. 115. Concurrent resolution to apparent to all who attended. concurrence of the Senate: authorize the printing of copies of the publi- Thus the original site where On˜ ate H.R. 892. An act to designate the Federal cation entitled ‘‘The United States Capitol’’ met the Ohkay Owingeh Indians, Place building located at 236 Sharkey Street in as a Senate document. of the Strong People, and renamed Clarksdale, Mississippi, as the ‘‘Aaron Henry f their home San Juan de los Caballeros Federal Building and United States Court- (hence, the San Juan Indians), was also house.’’ MEASURES REFERRED H.R. 2508. An act to provide for the convey- the sight of a powerful reconciliation The following bills were read the first ˜ ance of Federal land in San Joaquin County, meeting 400 years after Onate pro- and second times by unanimous con- claimed it the capitol of the Kingdom California, to the City of Tracy, California. H.R. 3007. An act to establish the Commis- sent and referred as indicated: of New Mexico. sion on the Advancement of Women in The Spanish delegation also visited H.R. 892. An act to designate the Federal Science, Engineering, and Technology Devel- building located at 236 Sharkey Street in the site of the future Hispanic Cultural opment. Clarksdale, Mississippi, as the ‘‘Aaron Henry Center in Albuquerque, New Mexico. As H.R. 3332. An act to amend the High-Per- Federal Building and United States Court- planned, this will be our nation’s larg- formance Computing Act of 1991 to authorize house’’; to the Committee on Environment est Hispanic cultural center. appropriations for fiscal years 1999 and 2000 and Public Works. To build this national and inter- for the Next Generation Internet program, to H.R. 2508. An act to provide for the convey- national cultural center, local public require the President’s Information Tech- ance of Federal land in San Joaquin County, and private contributions have been nology Advisory Committee to monitor and California, to the City of Tracy, California; give advice concerning the development and to the Committee on Governmental Affairs. raised, exceeding $20 million. These implementation of the Next Generation funds will build an art gallery, mu- H.R. 3332. An act to amend the High-Per- Internet program and report to the President formance Computing Act of 1991 to authorize seum, restaurant, ballroom, and the Congress on its activities, and for appropriations for fiscal years 1999 and 2000 ampitheater, and literary arts center. other purposes. for the Next Generation Internet program, to Federal money of about $18 million H.R. 4083. An Act to make available to the require the President’s Information Tech- will be used to match these local con- Ukrainian Museum and Archives the USIA nology Advisory Committee to monitor and tributions and to build the planned television program ‘‘Window on America.’’ give advice concerning the development and Hispanic Performing Arts Center. Alto- H.R. 4309. An act to provide a comprehen- implementation of the Next Generation sive program of support for victims of tor- Internet program and report to the President gether, approximately $40 million will ture. be invested in this new cultural and and the Congress on its activities, and for other purposes; to the Committee on Com- educational attraction featuring the The message also announced that the House has agreed to the following con- merce, Science, and Transportation. many aspects of Hispanic culture, his- H.R. 4083. An act to make available to the tory, and arts. current resolutions, in which it re- quests the concurrence of the Senate: Ukrainian Museum and Archives the USIA We New Mexicans are looking for- television program ‘‘Window on America’’; to ward to this new showcase for Hispanic H. Con. Res. 185. Concurrent resolution ex- the Committee on Foreign Relations. art, dance, music, food, and history. I pressing the sense of the Congress on the oc- casion of the 50th anniversary of the signing The following concurrent resolutions feel a new pride among Hispanics of of the Universal Declaration of Human were read and referred as indicated: New Mexico as they prepare to offer Rights and recommitting the United States H. Con. Res. 185. Concurrent resolution ex- this new treasure for the enjoyment of to the principles expressed in the Universal pressing the sense of the Congress on the oc- visitors from all over America and the Declaration. casion of the 50th anniversary of the signing world. H. Con. Res. 224. Concurrent resolution of the Universal Declaration of Human In master calendars of New Mexico urging international cooperation in recover- Rights and recommitting the United States events for the Cuarto Centenario, over ing children abducted in the United States to the principles expressed in the Universal 180 events are listed. These range in and taken to other countries. Declaration; to the Committee on Foreign purpose from lectures and reenact- H. Con. Res. 254. Concurrent resolution Relations. calling on the Government of Cuba to extra- H. Con. Res. 224, Concurrent resolution ments to cultural performances, and dite to the United States convicted felon Jo- urging international cooperation in recover- parades. Prominent New Mexico anne Chesimard and all other individuals ing children abducted in the United States women in the arts, politics, and edu- who have fled the United States to avoid and taken to other countries; to the Com- cation will be featured in ‘‘Nuestra prosecution or confinement for criminal of- mittee on Foreign Relations. S10382 CONGRESSIONAL RECORD — SENATE September 15, 1998 H. Con. Res. 254. Concurrent resolution wealth of the Northern Marianas Islands; to Bond, Chairman, Senate Small Business calling on the Government of Cuba to extra- the Committee on Energy and Natural Re- Committee; the Honorable Arlen Specter, dite to the United States convicted felon Jo- sources. Chairman, Senate Veterans’ Affairs Commit- anne Chesimard and all other individuals HOUSE RESOLUTION NO. 11–65 tee; the Honorable Robert C. Smith, Chair- who have fled the United States to avoid Whereas the United States Committee on man, Senate Select Committee on Ethics; prosecution or confinement for criminal of- Energy and Natural Resources, chaired by the Honorable Richard C. Shelby, Chairman, fenses and who are currently living freely in senator Frank H. Murkowski has approved a Senate Committee on Intelligence; the Hon- Cuba, to the Committee on Foreign Rela- substitute amendment to Senate Bill 1275 orable Charles E. Grassley, Chairman, Sen- tions. which would provide for the full extension of ate Special Committee on the Aging; the f the Immigration and Nationality Act to the Honorable John W. Warner, Chairman, Joint Committee on Printing; the Chairman and EXECUTIVE AND OTHER Commonwealth of the Northern Mariana Is- lands (‘‘CNMI’’) contingent upon certain members of the United States Senate Energy COMMUNICATIONS findings by the US Attorney General; and and Natural Resources Committee, the Hon- The following communications were Whereas, the CNMI has been working dili- orable Frank H. Murkowski, the Honorable Craig Thomas, the Honorable Jon L. Kyl, the laid before the Senate, together with gently and in good faith to make progress in resolving the immigration and labor issues Honorable Rod Grams, the Honorable Gordon accompanying papers, reports, and doc- Smith, the Honorable Slade Gorton, the Hon- uments, which were referred as indi- Senator Murkowski addressed at the March 31, 1998 hearing on Senate Bill 1275 in the orable Conrad Burns, the Honorable Dale cated: Commonwealth; and Bumpers, the Honorable Wendell H. Ford, EC–6939. A communication from the Alter- Whereas, the CNMI has offered to work to- the Honorable Jeff Bingaman, the Honorable nate Federal Register Liaison Officer, Office gether with the appropriate federal agencies Daniel K. Akaka, the Honorable Byron L. of Thrift Supervision, Department of the to address the issues of mutual concern be- Dorgan, the Honorable Bob Graham, the Treasury, transmitting, pursuant to law, the tween the United States and the CNMI with- Honorable Ron Wyden, the Honorable Tim report of a rule entitled ‘‘Transactions with out the need for the US Congress to enact Johnson, the Honorable Mary Landrieu; the Affiliates; Reverse Repurchase Agreements’’ the proposed legislation which would amend Honorable Newt Gingrich, Speaker of the received on August 13, 1998; to the Commit- the Covenant; and United States House of Representatives, the tee on Banking, Housing, and Urban Affairs. Whereas, the CNMI was not provided the Honorable Richard Armey, US House Major- EC–6940. A communication from the Direc- opportunity to address the Committee re- ity Leader; the Honorable Tom Delay, US tor of the United States Information Agency, garding the amendment to Senate Bill 1275; House Majority Whip; the Honorable Dan transmitting, pursuant to law, the report of and Burton, Chairman, House Government Re- the Broadcasting Board of Governors for cal- Whereas, the proposed enactment of Sen- form and Oversight Committee; the Honor- endar year 1997; to the Committee on For- ate Bill 1275 as amended would circumvent able Don Young, Chairman, House Resources eign Relations. the Covenant’s 902 negotiation process; now, Committee; the Honorable Pedro P. Tenorio, EC–6941. A communication from the Acting therefore, be it Governor of the Commonwealth of the Assistant Attorney General, Department of Resolved, by the House of Representatives, Northern Marianas Islands; the Honorable Justice, and the Assistant Secretary of De- Eleventh Northern Marianas Commonwealth Jesus R. Sablan, Lt. Governor of the Com- fense, transmitting, pursuant to law, the re- Legislature, That the House; requests the monwealth of the Northern Marianas Is- port entitled ‘‘Thefts From Military Arse- United States Congress to consider the posi- lands; and to the Honorable Juan N. nals of Firearms, Explosives and Other Mate- tion of the CNMI and to reject Senate Bill Babauta, Washington Representative of the rials of Potential Use to Terrorists’’ for fis- 1275 as amended and to require the Common- Commonwealth of the Northern Marianas Is- cal year 1996; to the Committee on the Judi- wealth and Federal Government to consult lands. ciary. and negotiate with each other on immigra- Adopted by the House of Representatives f tion and labor issues; and be it further on June 19, 1998. Resolved, That the Speaker of the House PETITIONS AND MEMORIALS shall certify and the House Clerk shall attest POM–541. A resolution adopted by the The following petitions and memori- to the adoption of this resolution and there- House of the Legislature of the State of als were laid before the Senate and after transmit copies to the Honorable Al- Michigan; to the Committee on Foreign Re- bert Gore, Jr., Vice President of the United lations. were referred or ordered to lie on the States and President of the United States HOUSE RESOLUTION NO. 176 table as indicated: Senate; the Honorable Strom Thurmond, POM–533. A petition from the estate of a President Pro Tempore; the Honorable Trent Whereas, In a country such as ours, blessed citizen of Burgstadt, Germany (Blumenfeld) Lott, Majority Leader, the Honorable Don with constitutionally protected religious relative to a demand for damages for wrong- Nickles, Assistant Majority Leader; the Hon- freedom, there is an unfortunate tendency to ful death; to the Committee on the Judici- orable Larry Craig, Chairman, Republican overlook the restrictions of religious liberty ary. Policy Committee; the Honorable Connie placed upon people of faith worldwide; and POM–534. A petition from the estate of a Mack, Chairman, Republican Conference; the Whereas, Disturbing incidents of anti-Se- citizen of Burgstadt, Germany (H. Urban) Honorable Thomas A Daschle, Minority mitic violence and oppression, including neo- relative to a demand for damages for wrong- Leader; the Honorable Richard G. Lugar, Nazi slogans and practices in Europe and the ful death; to the Committee on the Judici- Chairman, Senate Agriculture, Nutrition and former Soviet republics, are rekindling ary. Forestry Committee; the Honorable Ted Ste- memories of the Holocaust; and POM–535. A petition from the estate of a vens, Chairman, Senate Appropriations Com- Whereas, It is reported that 200 million citizen of Burgstadt, Germany (Wanderlich) mittee; the Honorable Strom Thurmond, Christians worldwide are being harassed, relative to a demand for damages for wrong- Chairman, Senate Armed Service Commit- fined, tortured, imprisoned, or otherwise per- ful death; to the Committee on the Judici- tee; the Honorable Alfonse M. D’Amato, secuted for their faith, and that an addi- ary. Chairman, Senate Banking, Housing and tional 400 million live under severe restric- POM–536. A petition from the estate of a Urban Affairs Committee; the Honorable tions on religious liberty; and citizen of Burgstadt, Germany (U. Pete V. Domenici, Chairman, Senate Budget Whereas, The recent Chinese and American Renkewitz) relative to a demand for damages Committee; the Honorable John McCain, summit has reminded the world of a persecu- for wrongful death; to the Committee on the Chairman, Senate Commerce, Science and tion of the Tibetan Buddhist believers; and Judiciary. Transportation Committee; the Honorable Whereas, The suffering or death of any POM–537. A petition from the estate of a John H. Chafee, Chairman, Senate Environ- human, of any or no religious faith, is wrong citizen of Burgstadt, Germany (A. Urban) ment and Public Works Committee; the Hon- before God; now, therefore, be it relative to a demand for damages for wrong- orable William V. Roth, Jr., Chairman, Sen- Resolved by the House of Representatives, ful death; to the Committee on the Judici- ate Finance Committee and the Joint Com- That we memoralize the President and the ary. mittee on Taxation; the Honorable Jesse United States Congress to exercise a stance POM–538. A petition from the estate of a Helms, Chairman, Senate Foreign Relations of uncompromising opposition to religious citizen of Burgstadt, Germany (M. Committee; the Honorable Fred Thompson, persecution around the world; and be it fur- Renkewitz) relative to a demand for damages Chairman, Senate Governmental Affairs ther for wrongful death; to the Committee on the Committee; the Honorable Ben Nighthorse Resolved, That a copy of this resolution be Judiciary. Campbell, Chairman, Senate Indian Affairs transmitted to the Office of the President of POM–539. A petition from the estate of a Committee; the Honorable Orrin G. Hatch, the United States, the President of the citizen of Burgstadt, Germany (Potschke) Chairman, Senate Judiciary Committee; the United States Senate, the Speaker of the relative to a demand for damages for wrong- Honorable Jim M. Jeffords, Chairman, Sen- United States House of Representatives, and ful death; to the Committee on the Judici- ate Labor and Human Resources Committee; the members of the Michigan congressional ary. the Honorable John W. Warner, Chairman, delegation. POM–540. A resolution adopted by the Senate Rules and Administration Commit- Adopted by the House of Representatives, House of the Legislature of the Common- tee; the Honorable Christopher ‘‘Kit’’ S. June 16, 1998. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10383 REPORTS OF COMMITTEES By Mr. ABRAHAM (for himself, Mr. jury, loss, or damage, including fire HATCH, Mr. DEWINE, Mr. HUTCHINSON, suppression costs, caused by the holder The following report of committee and Mr. BROWNBACK): was submitted: of the right of way without regard to S. 2476. A bill for the relief of Wei the holder’s negligence. By Mr. JEFFORDS, from the Committee Jengsheng; to the Committee on the Judici- on Labor and Human Resources, with an ary. The problem that this legislation ad- dresses is best illustrated by the expe- amendment in the nature of a substitute: f S. 2432. A bill to support programs of rience of the Midstate Electric Cooper- grants to States to address the assistive SUBMISSION OF CONCURRENT AND ative of LaPine, Oregon. technology needs of individuals with disabil- SENATE RESOLUTIONS As a matter of prudent maintenance, ities, and for other purposes (Rept. No. 105– The following concurrent resolutions Midstate trims or removes trees on 334). and Senate resolutions were read, and right-of-ways that pose a risk of falling f referred (or acted upon), as indicated: onto electric lines. On federal rights- of-way, the cooperative consults with By Mr. MURKOWSKI: EXECUTIVE REPORTS OF the appropriate land management COMMITTEE S. Res. 276. A resolution expressing the sense of the Senate that the President agency—which of course must approve The following executive reports of should reimburse the American taxpayer for these management actions. After pro- committee was submitted: costs associated with the Independent Coun- posing the removal of a number of By Mr. HATCH, from the Committee on sel’s investigation of his relationship with trees on a Forest Service right-of-way the Judiciary: Ms. Monica Lewinsky; to the Committee on in 1984, Midstate was told by the agen- Timothy B. Dyk of the District of Colum- the Judiciary. cy that it could cut some down, but bia, to be United States Circuit Judge for the By Mr. INOUYE (for himself, Mr. had to leave other specified trees AKAKA, Mr. STEVENS, Mr. HATCH, Mr. Federal Circuit. standing. Of course the predictable BYRD, Mr. THOMAS, Mr. HOLLINGS, (The above nomination was reported Mr. ROTH, Mr. FORD, Mrs. BOXER, Mr. happened—one of the trees that with the recommendation that he be MURKOWSKI, and Mr. SESSIONS): Midstate had proposed cutting, which confirmed.) S. Res. 277. A resolution expressing the the Forest Service had refused to allow f sense of the Senate with respect to the im- to be removed, fell into a power line portance of diplomatic relations with the and started a fire. INTRODUCTION OF BILLS AND Pacific Island nations; to the Committee on In the end it cost more than $326,850 JOINT RESOLUTIONS Foreign Relations. to put that fire out—and Midstate The following bills and joint resolu- f Electric got the bill. Since the fire re- tions were introduced, read the first STATEMENTS ON INTRODUCED sulted from a management decision of and second time by unanimous con- BILLS AND JOINT RESOLUTIONS the Forest Service, Midstate went to sent, and referred as indicated: court in an attempt to appropriately By Mr. WYDEN (for himself, Mr. assign the financial liability of fight- By Mr. GRAHAM (for himself and Mr. DASCHLE, Mr. SMITH of Oregon, MACK): ing the fire. Midstate lost the court ac- Mr. BAUCUS, Mr. CRAIG, Mr. S. 2469. A bill to direct the Secretary of the tion because of a ruling which inter- JOHNSON, and Mr. BURNS): Interior to make technical corrections to a preted right-of-way contracts as hold- S. 2472. A bill to amend the Federal map relating to the Coastal Barrier Re- ing the co-op and other right-of-way Land Policy and Management Act of sources System; to the Committee on Envi- lessees to a strict liability standard. ronment and Public Works. 1976 to exempt the holder of a right-of- The 1976 Federal Land Policy and S. 2470. A bill to direct the Secretary of the way on public lands granted, issued, or Management Act provided federal Interior to make technical corrections to a renewed for an electric energy genera- map relating to the Coastal Barrier Re- agencies with the authority to impose tion, transmission, or distribution sys- strict liability for costs associated sources System; to the Committee on Envi- tem from certain strict liability re- ronment and Public Works. with hazards on federal lands. Prior to By Mr. COVERDELL (for himself and quirements otherwise imposed in con- 1976, agencies recovered costs associ- Mr. TORRICELLI): nection with such a right-of-way; to ated with hazards, such as costs re- S. 2471. A bill to amend the Internal Reve- the Committee on Energy and Natural quired to put out a fire, on the basis of nue Code of 1986 to provide a partial exclu- Resources. normal negligence. sion from gross income for dividends and in- RIGHTS-OF-WAY LEGISLATION This bill would replace that strict li- terest received by individuals; to the Com- Mr. WYDEN. Mr. President, I am mittee on Finance. ∑ ability standard in favor of a normal By Mr. WYDEN (for himself, Mr. pleased to be joined by Senators negligence standard that is routinely DASCHLE, Mr. SMITH of Oregon, Mr. DASCHLE, SMITH of Oregon, BAUCUS, used in private right-of-way contracts. BAUCUS, Mr. CRAIG, Mr. JOHNSON, and BURNS, JOHNSON, and CRAIG, in intro- The new standard will say: if you Mr. BURNS): ducing legislation making an impor- caused it, you are responsible for it. S. 2472. A bill to amend the Federal Land tant adjustment to the way the Gov- Rural electric cooperatives, investor- Policy and Management Act of 1976 to ex- ernment manages rights-of-way over owned utilities and municipalities are empt the holder of a right-of-way on public federal lands. The provisions in this not looking to pass the buck to the lands granted, issued, or renewed for an elec- bill address the situation involving li- tric energy generation, transmission, or dis- American taxpayer. If they are neg- tribution system from certain strict liability ability standards for electric utilities ligent in maintaining federal rights-of- requirements otherwise imposed in connec- that utilize federal rights-of-ways to way, they should bear the responsibil- tion with such a right-of-way; to the Com- provide electricity to rural commu- ity. However, by enforcing any stand- mittee on Energy and Natural Resources. nities. ard more rigid than that, the land By Mr. BREAUX: I am pleased to be working on this management agencies are purposefully S. 2473. A bill to amend the Internal Reve- issue with my good friends and col- transferring cost to private citizens. nue Code of 1986 to increase the deduction for leagues from Oregon, BOB SMITH and The minimum impact of the current meal and entertainment expenses of small PETER DEFAZIO. Chairman SMITH has businesses; to the Committee on Finance. strict liability policy is higher electric By Mr. DASCHLE (for Mr. HOLLINGS): introduced similar legislation in the rates for those rural communities who S. 2474. A bill to direct the Secretary of the House of Representatives, which re- live in close proximity to public lands. Interior to make corrections to certain maps ceived a hearing in the House Re- The possibility exists, however, of even relating to the Coastal Barrier Resources sources Committee earlier this year. more punitive impacts in the form of System; to the Committee on Environment During that hearing, one of my con- the loss of insurance coverage for enti- and Public Works. stituents, Mr. Bill Kopacz of Midstate ties with federal rights-of-way liabil- By Mr. D’AMATO: Electric in LaPine, Oregon testified on ity. S. 2475. A bill to amend title IV of the Em- the need to reform the current federal In my judgement, this legislation re- ployee Retirement Income Security Act of 1974 to protect the rights of participants and policy of requiring strict liability for stores an appropriate balance to the beneficiaries of terminated pension plans; to fires that occur in right-of-ways. shared responsibility of both the land the Committee on Labor and Human Re- Under strict liability, the holder of a manager and the utility in reducing sources. right of way is responsible for all in- the natural hazards along a right of S10384 CONGRESSIONAL RECORD — SENATE September 15, 1998 way. As we saw in the Midstate case, less than $60,000 and 37 percent have in- ised pensions. For the last seven years because the Forest Service bears no ex- comes below $40,000. Low to moderately these hardworking Americans have posure to costs associated with fire and priced restaurants are the most popu- fought a losing battle with the Pension risk prevention, the Forest Service lar types for business meals, with the Benefits Guaranty Corporation (PBGC) simply did not allow the full use of average check equaling less than $20. to get a fair benefit calculation and ap- measures to reduce those risks. In addition, 50 percent of most business peals process. In addition to former This legislation will not only benefit meals occur in small towns and rural Pan Am employees, this issue affects the state of Oregon. Utilities all areas. hundreds of thousands of former em- through the United States have rights- In 1995, just one year after the deduc- ployees of companies whose pension of-way permits with our land manage- tion was reduced to 50 percent, the plans have been taken over by the ment agencies. This proposal is of in- White House Conference on Small Busi- PBGC. terest in states such as California, ness established the restoration of the Our senior citizens are a valuable re- Idaho, Florida, Minnesota, Montana, deduction as one of its top priorities source to this country. Many of them Wyoming and Pennsylvania. I believe for boosting small business. In Louisi- are entitled to receive private pensions my proposal is fair and balanced legis- ana alone, it is expected that the posi- as a result of their loyal years of serv- lation that protects our rural commu- tive economic impact of this proposal ice to their employers. In 1974, the Em- nities. I look forward to working with could exceed $67 million in industries, ployee Retirement Income Security my colleagues and the Administration such as the travel and restaurant in- Act (ERISA) was enacted to provide to perfect this legislation in the wan- dustry, that employ over 120,000 people. certain basic protections to retirees re- ing days of the 105th Congress.∑ I urge my colleagues to support this garding their pensions. In general, private employers are re- legislation. quired to act as fiduciaries with re- By Mr. BREAUX: Mr. President, I ask unanimous con- spect to most of their activities in con- S. 2473. A bill to amend the Internal sent that the text of the bill be printed nection with their pension plans. Those Revenue Code of 1986 to increase the in the RECORD. fiduciaries are prohibited from com- deduction for meal and entertainment There being no objection, the bill was mingling plan assets, must provide reg- expenses of small businesses; to the ordered to be printed in the RECORD, as ular disclosure concerning plan assets Committee on Finance. follows: TAX LEGISLATION and are required to act ‘‘solely in the S. 2473 interest’’ of the participants. Partici- Mr. BREAUX. Mr. President, today I Be it enacted by the Senate and House of Rep- introduce a very important bill for pants may bring suit, in Federal Court, resentatives of the United States of America in if required information is not provided small businesses and the self-employed Congress assembled, within 30 days of request. A participant in Louisiana and throughout our coun- SECTION 1. SMALL BUSINESSES ALLOWED IN- try. My bill would restore the 80 per- CREASED DEDUCTION FOR MEAL may seek a determination of the cent deduction for business meals and AND ENTERTAINMENT EXPENSES. amount of his or her benefit, in Federal entertainment expenses, thus eliminat- (a) IN GENERAL.—Subsection (n) of section Court, if the plan fails or refuses to ing a tax burden that has seriously 274 of the Internal Revenue Code of 1986 (re- render a determination as to the lating to only 50 percent of meal and enter- amount of benefit the participant is en- hampered many small businesses in our tainment expenses allowed as deduction) is country. titled to receive under the plan. amended by adding at the end the following ERISA also created a Federal agency, Small business is a powerful eco- new paragraph: the PBGC, to pay benefits to partici- nomic engine, both nationwide and in PECIAL RULE FOR SMALL BUSINESSES ‘‘(4) S .— pants in pension plans who are unable Louisiana. Small businesses have ‘‘(A) IN GENERAL.—In the case of any tax- to pay such benefits. PBGC functions helped to create the prosperity that we payer which is a small business, paragraph as an insurer, collecting premiums have all enjoyed in the last few years. (1) shall be applied by substituting ‘the ap- from solvent plans and paying benefits They are leaders in the innovation and plicable percentage (as defined in paragraph (3)(B))’ for ‘50 percent’. to participants in failed plans. Since technology development that will sus- ‘‘(B) SMALL BUSINESS.—For purposes of this the enactment of ERISA, the PBGC has tain our economy in the 21st century. paragraph, the term ‘small business’ means, become the Trustee of plans involving Nationwide, small business employs 53 with respect to expenses paid or incurred more than one million participants. percent of the private work force, con- during any taxable year— While the PBGC does an admirable tributes 47 percent of all sales in the ‘‘(i) any corporation which meets the re- job with respect to its obligations to quirements of section 55(e)(1) for such year, country, and is responsible for 50 per- continue payments to participants in cent of the private gross domestic and ‘‘(ii) any partnership or sole proprietorship terminated plans, those participants do product. not enjoy the same legal protections For these reasons, I believe the tax which would meet such requirements if it were a corporation.’’ guaranteed to all plan participants code should encourage, not discourage, (b) EFFECTIVE DATE.—The amendment under ERISA. In general, PBGC per- small business development and made by subsection (a) shall apply to taxable forms its functions as a government growth. For the more than 225,000 self- years beginning after December 31, 1998. agency and not as a fiduciary. employed and for the thousands of Mr. President, in plans trusteed by small businesses in Louisiana, business By Mr. D’AMATO: the PBGC, participants have no right meals and entertainment take the S. 2475. A bill to amend title IV of the to disclosure regarding the amount of place of advertising, marketing, and Employee Retirement Income Security their benefits and may not appeal an conference meetings. These expenses Act of 1974 to protect the rights of par- adverse determination until an appeal- are a core business development cost. ticipants and beneficiaries of termi- able decision is rendered—which in As such, a large percentage of these nated pension plans; to the Committee many cases does not occur for more costs should be deductible. on Labor and Human Resources. than ten years. Once issued, the PBGC For many years, businesses were al- PENSION PLAN PARTICIPANT PROTECTION ACT OF decisions must be appealed within 45 lowed to deduct 100 percent of business 1998 days or a participant may lose all meals and entertainment expenses. In ∑ Mr. D’AMATO. Mr. President, today I rights. If a determination is appealed, 1987, this deduction was reduced to 80 am introducing legislation to strength- participants must follow a complicated percent. The deduction was further re- en protections to retirees who, through and time consuming appeals process. duced in 1994 to 50 percent because of no fault of their own, find themselves Many of our senior citizens are con- the misconception that these meals without a job or the pension they fused and overwhelmed by this process were ‘‘three martini lunches.’’ worked hard for because their company and as a result, inadvertently surren- Contrary to this perception, studies went under. der many valuable legal rights. show that the primary beneficiary of This situation happened in 1991 when In addition, under current law, the the business meal deduction is not the Pan Am World Airways went out of PBGC is permitted to commingle funds wealthy business person. Studies indi- business leaving 45,000 employees— from all of the retirement plans that it cate that over two-thirds of the busi- 15,000 of which reside in New York terminates and may use those retire- ness meal spenders have incomes of State—jobless and without their prom- ment funds to pay for expenses of other September 15, 1998 CONGRESSIONAL RECORD — SENATE S10385 plans as well as its general overhead affected party in which the corporation is re- by the committee shall not per se constitute expenses. moved as trustee, the replacement trustee the representation of an adverse interest. At a minimum, our senior citizens, in shall be selected by the court from any list ‘‘(3) SPECIFIC POWERS.—A committee ap- plans trusteed by the PBGC, need and of qualified candidates which may be pro- pointed under subsection (a) may— vided by such affected party, and ‘‘(A) consult with the trustee concerning deserve the same protections accorded ‘‘(iii) any review under section 502 by a dis- the administration of the case, to every other participant in a plan trict court of the United States of a benefit ‘‘(B) investigate the acts, conduct, assets, covered by ERISA. This bill restores determination by the corporation shall be de liabilities, and financial condition of the some of those protections and requires novo. plan, the operation of the plan sponsor’s fi- that the PBGC issue an appealable de- ‘‘(E) In any case in which the corporation nancial operations, and the desirability of cision within one year of the date the serves as trustee for a terminated pension the continuance of the plan, and any other PBGC becomes the Trustee of a plan. plan pursuant to this section, the corpora- matter relevant to the case, The bill provides for the establishment tion shall issue its final determination re- ‘‘(C) participate in the formulation of the garding any benefit payable under the plan plan for distribution of plan assets, advise of participants’ committees to rep- not later than one year after the date of the those represented by such committee of such resent the interests of the participants corporation’s appointment as trustee. Any committee’s determinations as to any plan and permits such committee to serve failure by the corporation to comply with for distribution of the plan’s assets, and col- as Trustee of the terminated plan. the requirements of this subparagraph shall lect and file with the court acceptances or Where more than one group seeks ap- be deemed an action of the corporation upon rejections of the plan for distribution of plan pointment as Trustee the federal which a cause of action may be brought assets, courts would be required to select the against the corporation under section ‘‘(D) request the court for the appointment Trustee that would best serve the in- 4003(f)(1).’’. of the committee or any other person as an (b) CONFORMING AMENDMENT.—Section 4023 alternative trustee, and terests of the participants. of such Act (29 U.S.C. 1323) is amended— ‘‘(E) perform such other services as are in My bill also establishes a participant (1) by inserting ‘‘(a)’’ after ‘‘SEC. 4023.’’; the interest of plan participants and bene- advocates office to assist participants and ficiaries. with explanations, benefits disputes (2) by adding at the end the following new ‘‘(4) MEETING WITH TRUSTEE.—As soon as and, if necessary, to appeal adverse de- subsection: practicable after the appointment of a com- terminations by the PBGC. In addition, ‘‘(b) Subsection (a) shall not apply with re- mittee under subsection (a), the trustee shall the bill clarifies existing law, empow- spect to the corporation while the corpora- meet with such committee to transact such ering the federal courts to remove a tion is serving in its fiduciary capacity in ac- business as may be necessary and proper.’’. cordance with section 4042(d)(3)(B).’’. Trustee in the event the Trustee com- (b) CONFORMING AMENDMENT.—The table of SEC. 3. PARTICIPANTS’ COMMITTEES. contents in section 1 of such Act is amended mits any breach of it fiduciary duty. (a) IN GENERAL.—Subtitle C of title IV of by inserting after the item relating to sec- Mr. President, I ask unanimous con- the Employee Retirement Income Security tion 4048 the following new item: sent that the text of the bill be printed Act of 1974 is amended by inserting after sec- ‘‘Sec. 4049. Participants’ committees.’’. in the RECORD. tion 4048 (29 U.S.C. 1348) the following new SEC. 4. TRUSTEESHIP OF TERMINATED PLANS. There being no objection, the bill was section: (a) IN GENERAL.—Section 4042(c) of the Em- ordered to be printed in the RECORD, as ‘‘PARTICIPANTS’ COMMITTEES ployee Retirement Income Security Act of follows: ‘‘SEC. 4049. (a) IN GENERAL.— 1974 (29 U.S.C. 1342(c)) is amended— S. 2475 ‘‘(1) APPOINTMENT OF COMMITTEE.—Except (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and Be it enacted by the Senate and House of Rep- as provided in paragraph (3), as soon as prac- (2) by inserting before paragraph (3) the resentatives of the United States of America in ticable after the appointment of a trustee following new paragraph: Congress assembled, under section 4042, the trustee shall appoint ‘‘(2) The court may appoint the corpora- SECTION 1. SHORT TITLE. a committee of participants under the plan. tion, a participants’ committee, or any other This Act may be cited as the ‘‘Pension ‘‘(2) REQUESTS FOR ADEQUATE REPRESENTA- person to serve as trustee under paragraph Plan Participant Protection Act of 1998’’. TION.—On request of an affected party, the (1). Upon the application of any two or more court may order the appointment of addi- SEC. 2. DUTIES OF THE PENSION BENEFIT GUAR- of the foregoing to serve as trustee, the de- ANTY CORPORATION WHILE SERV- tional committees of participants if nec- termination of the court of which to appoint ING AS TRUSTEE OF TERMINATED essary to assure adequate representation of shall be based on its determination of which PLAN. participants. The trustee shall appoint any applicant is most qualified to carry out the (a) IN GENERAL.—Section 4042(d)(3) of the such committee. fiduciary duties of the trustee with respect Employee Retirement Income Security Act ‘‘(3) SMALL BUSINESSES.—On request of an to participants and beneficiaries without of 1974 (29 U.S.C. 1342(d)(3)) is amended— affected party in a case in which the plan conflicts of interest.’’. (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and sponsor is a small business and for cause, the (b) PAYMENT OR REIMBURSEMENT OF REA- (2) by adding at the end the following new court may order that a committee of partici- SONABLE FEES AND EXPENSES.—Section subparagraphs: pants not be appointed. 4042(h) of such Act (29 U.S.C. 1342(h)) is ‘‘(B) The corporation is subject to the same ‘‘(b) MEMBERSHIP.—A committee of partici- amended by adding at the end the following requirements of reporting and disclosure in pants appointed under subsection (a) shall new paragraph: connection with a pension plan for which the ordinarily consist of the persons, willing to ‘‘(3) The reasonable fees and expenses of a corporation is serving as trustee pursuant to serve, that were in pay status under the plan trustee appointed under this section (other this section as those of any plan adminis- as of the date of the termination of the plan than the corporation), of any participants’ trator of an employee pension benefit plan and have the seven largest nonforfeitable committee, and of any counsel, accountants, under part 1 of subtitle B of title I. benefits under the plan, or of the members of actuaries, and other professional service per- ‘‘(C) The corporation is subject to the same a committee organized by participants be- sonnel shall be paid, directly or by means of fiduciary duties in connection with a pension fore such date, if such committee was fairly reimbursement, from the assets of the termi- plan for which the corporation is serving as chosen and is representative of the partici- nated plan.’’. trustee pursuant to this section, including pants of the plan. SEC. 5. PARTICIPANT’S ADVOCATE. the determination and payment of plan bene- ‘‘(c) POWERS AND DUTIES OF COMMITTEES.— (a) IN GENERAL.—Subtitle D of title IV of ‘‘(1) APPOINTMENT OF ATTORNEYS, ACCOUNT- fits, as those of any fiduciary of an employee the Employee Retirement Income Security ANTS, ETC.—At a scheduled meeting of a com- pension benefit plan under part 1 of subtitle Act of 1974 is amended by adding after sec- mittee appointed under subsection (a), at B of title I. The corporation shall maintain tion 4071 (29 U.S.C. 1371) the following new which a majority of the members of such such separate books and records and retain section: such separate counsel on its behalf as may be committee are present, and with the court’s necessary for carrying out such duties. approval, such committee may select and au- ‘‘OFFICE OF PARTICIPANT’S ADVOCATE ‘‘(D) For purposes of applying part 5 of sub- thorize the employment by such committee ‘‘(a) IN GENERAL.—The Secretary of Labor title B of title I in the enforcement of sub- of one or more attorneys, accountants, or shall establish in the Department of Labor paragraphs (B) and (C)— other agents to represent or perform services an Office of Participant’s Advocate, to be ‘‘(i) any civil monetary penalty which may for such committee. headed by a Participant’s Advocate. be assessed by the Secretary of Labor ‘‘(2) PRECLUSION OF CONFLICTS OF INTER- ‘‘(b) FUNCTIONS.—The Participant’s Advo- against the corporation under any provision EST.—An attorney or accountant employed cate shall, upon request of participants of of section 502(c) shall be assessed in the full to represent a committee appointed under terminated pension plans— amount specified in such provision, subsection (a) may not, while employed by ‘‘(1) counsel participants and beneficiaries ‘‘(ii) a civil action against the corporation such committee, represent any other entity of such plans in connection with their rights as fiduciary under section 502(a)(2) for relief having an adverse interest in connection to benefits thereunder, and under section 409 may be brought by any af- with the case. Representation of one or more ‘‘(2) provide legal representation before the fected party, and, in any such action by an participants of the same class as represented corporation and in court to such participants S10386 CONGRESSIONAL RECORD — SENATE September 15, 1998 who have been denied benefits by the cor- ernment, calling for freedom and de- S. 2141 poration. mocracy through speeches, writings, At the request of Mr. CAMPBELL, the ‘‘(b) FEES.—The Office shall require only and as a prominent participant in the name of the Senator from Maine (Ms. such fees for its services as may be pre- scribed in regulations of the Secretary of Democracy Wall movement. His dedi- COLLINS) was added as a cosponsor of S. Labor. cation to the principles we hold dear, 2141, a bill to require certain notices in ‘‘(c) STAFF.—The Participant’s Advocate and on which our nation was founded, any mailing using a game of chance for shall appoint such attorneys, actuaries, and brought him 15 years of torture and im- the promotion of a product or service, accountants as may be necessary to assist prisonment at the hands of the Chinese and for other purposes. the Participant’s Advocate in carrying out communist regime. Seriously ill, Wei S. 2180 the functions of the Office, and may appoint such additional personnel as may be nec- was released only after great inter- At the request of Mr. LOTT, the essary to provide adequate support for the national public outcry. Now essentially names of the Senator from Virginia Office. exiled, he lives in the United States on (Mr. WARNER) and the Senator from ‘‘(d) NOTICE.—Each notice of a benefit de- a temporary visa and cannot return to Iowa (Mr. HARKIN) were added as co- termination issued by the corporation to a China without facing further imprison- sponsors of S. 2180, a bill to amend the participant or beneficiary under a termi- ment. Comprehensive Environmental Re- nated pension plan shall include a notice (in Mr. President, granting Wei perma- such form as shall be prescribed in regula- sponse, Compensation, and Liability tions of the Secretary of Labor) describing nent residence will show that America Act of 1980 to clarify liability under the services of the Participant’s Advocate’s stands by those who are willing to that Act for certain recycling trans- Office.’’. stand up for the principles we cherish. actions. (b) CONFORMING AMENDMENT.—The table of It also will help Wei in his continuing S. 2233 contents in section 1 of such Act is amended fight for freedom and democracy in At the request of Mr. CONRAD, the by inserting after the item relating to sec- China. tion 4071 the following new item: names of the Senator from Michigan I woul like to thank Senators HATCH, ‘‘Sec. 4071. Office of Participant’s Advo- (Mr. LEVIN) and the Senator from DEWINE, HUTCHINSON, and BROWNBACK cate.’’. Michigan (Mr. ABRAHAM) were added as for cosponsoring this bill. I should note (c) EFFECTIVE DATE.—The Secretary of cosponsors of S. 2233, a bill to amend Labor shall establish the Office of Partici- also that this legislation has been en- section 29 of the Internal Revenue Code pant’s Advocate pursuant to the amend- dorsed by important human rights of 1986 to extend the placed in service ments made by this section not later than groups such as Laogai Research Foun- date for biomass and coal facilities. one year after the date of the enactment of dation and Human Rights in China. S. 2295 this Act. I urge my colleagues to send a strong SEC. 6. RULES GOVERNING TRUSTEESHIP BY THE signal about America’s commitment to At the request of Mr. MCCAIN, the CORPORATION. human rights, human freedom, and the name of the Senator from Michigan (a) IN GENERAL.—Section 4042 of the Em- (Mr. ABRAHAM) was added as a cospon- ployee Retirement Income Security Act of dignity of the individual by passing this bill to grant Wei Jengsheng lawful sor of S. 2295, a bill to amend the Older 1974 (29 U.S.C. 1342) is amended by adding at Americans Act of 1965 to extend the au- the end the following new subsection: permanent residence in the United thorizations of appropriations for that ‘‘(i) In any case in which the corporation States.∑ Act, and for other purposes. serves as trustee of a terminated pension f plan under this section— S. 2352 ‘‘(1) the corporation shall segregate assets ADDITIONAL COSPONSORS At the request of Mr. LEAHY, the of the terminated plan from the assets of any S. 1251 name of the Senator from Pennsyl- other plan or any other assets held by the corporation, At the request of Mr. D’AMATO, the vania (Mr. SANTORUM) was added as a ‘‘(2) the corporation may not use any as- name of the Senator from Iowa (Mr. cosponsor of S. 2352, A bill to protect sets of the plan for any purpose other than GRASSLEY) was added as a cosponsor of the privacy rights of patients. payment of benefits or reasonable adminis- S. 1251, a bill to amend the Internal S. 2364 trative expenses directly attributable to the Revenue Code of 1986 to increase the At the request of Mr. CHAFEE, the termination and administration of the plan, amount of private activity bonds which names of the Senator from Alabama excluding any generally applicable overhead may be issued in each State, and to expenses of the corporation, and (Mr. SESSIONS) and the Senator from ‘‘(3) the corporation shall obtain the serv- index such amount for inflation. Colorado (Mr. CAMPBELL) were added as ices of independent contractors in connec- S. 1252 cosponsors of S. 2364, a bill to reauthor- tion with the termination or administration At the request of Mr. D’AMATO, the ize and make reforms to programs au- of the plan only through a competitive bid- name of the Senator from Michigan thorized by the Public Works and Eco- ding process.’’. (Mr. ABRAHAM) was added as a cospon- nomic Development Act of 1965. SEC. 7. EFFECTIVE DATE. sor of S. 1252, a bill to amend the Inter- S. 2390 The amendments made by this Act shall apply with respect to plan terminations— nal Revenue Code of 1986 to increase At the request of Mr. BROWNBACK, the (1) the termination date for which occurs the amount of low-income housing names of the Senator from Kansas (Mr. on or after January 1, 1990, and credits which may be allocated in each ROBERTS) and the Senator from Ne- (2) for which the final distribution of assets State, and to index such amount for in- braska (Mr. HAGEL) were added as co- occurs on or after the date of the enactment flation. sponsors of S. 2390, a bill to permit of this Act.∑ S. 1862 ships built in foreign countries to en- gage in coastwise in the transport of By Mr. ABRAHAM (for himself, At the request of Mr. DEWINE, the certain products. Mr. HATCH, Mr. DEWINE, Mr. name of the Senator from Oregon (Mr. S. 2432 HUTCHINSON, and Mr. WYDEN) was added as a cosponsor of S. BROWNBACK): 1862, a bill to provide assistance for At the request of Mr. JEFFORDS, the S. 2476. A bill for the relief of Wei poison prevention and to stabilize the name of the Senator from North Caro- Jengsheng; to the Committee on the funding of regional poison control cen- lina (Mr. FAIRCLOTH) was added as a co- Judiciary. ters. sponsor of S. 2432, A bill to support pro- WEI JENGSHENG FREEDOM OF CONSCIENCE ACT S. 2098 grams of grants to States to address ∑ Mr. ABRAHAM. Mr. President, today At the request of Mr. CAMPBELL, the the assistive technology needs of indi- I seek my colleagues’ support for the name of the Senator from Idaho (Mr. viduals with disabilities, and for other Wei Jengsheng Freedom of Conscience CRAIG) was added as a cosponsor of S. purposes. Act. This bill will grant lawful perma- 2098, a bill to preserve the sovereignty At the request of Mr. FORD, his name nent residence to writer and philoso- of the United States over public lands was added as a cosponsor of S. 2432, pher Wei Jengsheng, one of the most and acquired lands owned by the supra. heroic individuals the international United States, and to preserve State S. 2460 human rights community has known. sovereignty and private property rights At the request of Mr. LEVIN, the For years, Mr. President, Wei has in non-Federal lands surroundings name of the Senator from Maine (Ms. stood up to an oppressive Chinese gov- those public lands and acquired lands. COLLINS) was added as a cosponsor of S. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10387 2460, a bill to curb deceptive and mis- and in public statements about his relation- word, but I can’t put it in any other leading games of chance mailings, to ship with Monica Lewinsky; term—and certainly delay, the inves- provide Federal agencies with addi- Whereas, the President invoked improper tigation of independent counsel Starr tional investigative tools to police claims of Executive Privilege, attorney-cli- was unnecessarily prolonged for ap- ent privilege and Secret Service privileges: such mailings, to establish additional Now, therefore, be it proximately 7 months, despite the fact penalties for such mailings, and for Resolved, That that the President, in January of 1998, other purposes. (1) it is the sense of the Senate that Presi- promised, promised, the Congress and SENATE RESOLUTION 95 dent Clinton has unnecessarily delayed the the American public to cooperate fully At the request of Mr. THURMOND, the investigation of the Independent Counsel, with the investigation. name of the Senator from California and Lastly, the President refused six in- (2) President Clinton should reimburse the (Mrs. FEINSTEIN) was added as a co- vitations to voluntarily testify before American taxpayer for the costs associated the independent counsel’s grand jury. sponsor of Senate Resolution 95, A res- with the Independent Counsel’s investigation olution designating August 16, 1997, as of his relationship with Ms. Lewinsky. It was only when he was faced with the ‘‘National Airborne Day.’’ subpoena and the result of the DNA Mr. MURKOWSKI. Mr. President, test and the reality that the tests SENATE RESOLUTION 257 last Friday, Congress and the Amer- At the request of Mr. MURKOWSKI, the would soon be completed that the ican people were finally able to read President finally appeared before the name of the Senator from Florida (Mr. the 445-page report on the investiga- GRAHAM) was added as a cosponsor of grand jury. tion of the independent counsel, Judge Where are we? What does all this Senate Resolution 257, A resolution ex- Kenneth Starr. It is now, of course, the pressing the sense of the Senate that really mean? It means that for more constitutional duty of the House of than 7 months, President Clinton has October 15, 1998, should be designated Representatives to review that report as ‘‘National Inhalant Abuse Aware- pursued a strategy of deceiving the and determine whether the articles of American people and the Congress and ness Day.’’ impeachment, censure, or whatever ac- f purposely delayed and impeded the tion, are indeed warranted against the independent counsel’s investigation. SENATE RESOLUTION 276—EX- President. The cost of the President’s campaign of PRESSING THE SENSE OF THE I rise today not to discuss that spe- delay and deception totals nearly $4.4 SENATE THAT THE PRESIDENT cific issue of impeachment or censure, million. SHOULD REIMBURSE THE AMER- but I rise today to discuss the issue of I ask unanimous consent the letter ICAN TAXPAYER FOR COSTS AS- equity. For the last 7 months, due to from the Office of the Independent the actions of the President—and I SOCIATED WITH THE INDEPEND- Counsel be printed in the RECORD. ENT COUNSEL’S INVESTIGATION might add, the President alone—sub- There being no objection, the mate- OF HIS RELATIONSHIP WITH MS. stantial costs have accumulated as a rial was ordered to be printed in the result of the President’s intentional MONICA LEWINSKY RECORD, as follows: strategy. And that strategy is to delay Mr. MURKOWSKI submitted the fol- OFFICE OF THE INDEPENDENT COUNSEL, lowing resolution; which was referred and thwart the investigations of Judge Washington, DC, September 11, 1998. to the Committee on the Judiciary: Kenneth Starr. Mr. DAVID L. CLARK, Mr. President, I think it is the duty Director, Audit Oversight and Liaison, U.S. S. RES. 276 of this body to discuss and reflect on General Accounting Office, Washington, Whereas, on January 17, 1998, President the cost that has been borne by the DC. Clinton testified in a sexual harassment law- DEAR MR. CLARK: This is in response to suit brought by Paula Jones and denied a American public as a result of the cal- culated deception that has gone on for Senator Frank Murkowski’s letter to you sexual relationship with a former White dated September 3, 1998, requesting certain House intern Monica Lewinsky; the last 7 months. Certainly, it has costs incurred by this Office relating to the Whereas, President Clinton’s personal law- been evidenced by the report that it Monica Lewinsky investigation. In your yer, David Kendall, stated on September 13, was a deception, a deception to cover meeting with personnel in our Office on Sep- 1998 that the President ‘‘absolutely’’ sought up and delay. It is clear that after the tember 4, 1998, we agreed to provide you with to mislead Ms. Jones’s lawyers in the Janu- President testified on January 17 in answers to the Senator’s questions as accu- ary 17 deposition; rately as possible. As we mentioned in that Whereas, during a January 26, 1998 White Paula Jones’ sexual harassment law- meeting, our financial accounting system House news conference, President Clinton suit that the President began a cal- does not categorize costs by case, or project. stated, ‘‘I did not have sexual relations with culated plan to mislead and basically Therefore, we determined the cost by esti- that woman, Ms. Lewinsky’’; deceive the independent counsel and mating the time spent on the Lewinsky in- Whereas, President Clinton invoked Execu- the American public with his ‘‘legally vestigation by all staff members. Further, tive Privilege in an effort to limit grand jury accurate’’ testimony in the Jones case. the Lewinsky portion of certain general questioning of aides Bruce Lindsey, Sidney Indeed, when the President’s attor- costs was allocated based on those estimates. Blumenthal, Cheryl Mills, Nancy Hernreich The enclosed spreadsheet displays a Sum- and Lanny Breuer; ney, David Kendall, was asked yester- Whereas, none of President Clinton’s day if the President was purposely at- mary of Expenses relating to the Lewinsky claims of Executive Privilege were ever sup- tempting to mislead the attorneys for investigation. The expenses are categorized ported by the courts; Paula Jones during his sworn deposi- in the same manner as our Financial State- Whereas, on May 22, a federal judge denied ments shown in GAO’s audit reports. Work tion, he replied ‘‘absolutely.’’ on the Lewinsky investigation continues a previous motion by the President to pre- Mr. President, it has been 7 months vent Secret Service agents from being com- today and many members of our staff are pelled to testify before a grand jury; now, 7 months since President Clinton still working on this matter. For purposes of Whereas, on July 7, 1998, a federal appeals sought to prevent the independent this request, we chose to account for costs court denied the President’s appeal and ruled counsel from determining the veracity recorded through August 31, 1998. Subsequent that Secret Service employees must tell the of his statements. Despite the fact that costs have not yet been recorded. To include grand jury what they observed by guarding the Clinton administration issued a them here would decrease the accuracy of the President; statement in 1994 that the administra- the costs we have computed. Should the Sen- ator request costs after August 31, we will Whereas, on July 29, 1998, President Clin- tion would not invoke executive privi- ton agreed to testify from the White House certainly update the enclosed Summary. in response to a subpoena issued by the Inde- lege for any personal wrongdoings, the In response to question 1 of Senator Mur- pendent Counsel’s office; President withdrew and reasserted kowski’s letter: for the period January 15 Whereas, on August 17, 1998, President claims of executive privilege on five through August 31, 1998, Lewinsky-related Clinton testified before a grand jury and specific occasions. These claims were investigation costs for personnel compensa- made an address to the nation admitting ‘‘an warrantless and served as nothing tion and benefits (including employees and improper relationship’’ with Monica more than a delay tactic. In fact, not detailees) are $1,861,456. Contract Services Lewinsky; one of the claims of executive privilege (including consultants) costs are $884,110. Whereas, the President has unnecessarily Most incumbent members of this Office have and improperly prolonged the investigation was found by a court of law to be justi- devoted more than 50% of their time to the of Independent Counsel Kenneth Starr; fied. Lewinsky matter. Many staff members over Whereas, the President knowingly provided As a result of the President’s plan for the past eight months, both old and new, inaccurate information in a sworn deposition public deception—I hate to use that have worked considerable overtime hours, S10388 CONGRESSIONAL RECORD — SENATE September 15, 1998 most of which were related to the Lewinsky Mr. THOMAS, Mr. HOLLINGS, Mr. ROTH, tinue the role of the U.S. as the leading investigation and many were for uncompen- Mr. FORD, Mrs. BOXER, Mr. MURKOWSKI, world power as we enter the new mil- sated attorney-hours. and Mr. SESSIONS) submitted the fol- lennium. Question 2 of the letter requests the cost of The Pacific region covers an im- witnesses associated with the Lewinsky in- lowing resolution; which was referred vestigation. These costs amount to $13,841, to the Committee on Foreign Rela- mense area of the Earth, approxi- which is included in the Summary, under tions: mately three times that of the contig- various categories. S. RES. 277 uous United States. Increasing enforce- Question 3 of the letter, Lewinsky-related Whereas the South Pacific region covers an ment of treaties demarcating exclusive travel costs, is shown in the Summary as immense area of the earth, approximately 3 economic zones are revealing Pacific $949,895. times the size of the contiguous United Island countries that wield control Should you or the Senator’s office have States; over vast tracts of the ocean, marine any questions about the estimate, please call Whereas the United States seeks to main- Paul Rosenzweig or me at 202–514–8688. fisheries and undersea minerals; re- tain strong and enduring economic, political, Sincerely, sources that will play a major role in and strategic ties with the Pacific island JACKIE M. BENNETT, JR., the future of the global economy. countries of the region, despite the reduced Deputy Independent Counsel. As natural resources around the diplomatic presence of the United States in Attachment the region since World War II; world dwindle, access to the relatively untapped resources in this region of SUMMARY OF EXPENSES RELATING TO MONICA LEWINSKY Whereas Pacific island nations wield con- trol over vast tracts of the ocean, including the world will become increasingly im- [Jan. 15–Aug. 31, 1998] seabed minerals, fishing rights, and other portant. The U.S., as the leading world Lewinsky marine resources which will play a major power, should seek to maintain strong Category of expense related role in the future of the global economy; ties to this region. By cultivating dip- expenses Whereas access to these valuable resources lomatic relationships with these lead- will be vital in maintaining the position of Personnel Compensation and Benefits ...... $1,861,456 ers today, we foster strong economic Travel Costs ...... 949,895 the United States as the leading world power Rent, Communications and Utilities ...... 356,494 in the new millennium; ties tomorrow. Contractual Services ...... 884,110 In October 1997, then-Prime Minister Supplies and Services ...... 82,653 Whereas Asian countries have already rec- Capital Equipment ...... 186,021 ognized the important role that these Pacific Hashimoto held a summit meeting in Administrative Services ...... 73,294 island nations will play in the future of the Tokyo, Japan with various Pacific Is- Total ...... 4,393,923 global economy, as evidenced by the Tokyo land heads of state. Clearly, Japan is summit meeting in October 1997 with various aware of the unlimited potential of this Note: The expenses shown above do not include other costs allocated to Pacific island heads of state; this Office by the General Accounting Office (GAO). Certain administrative region, its valuable resources, and the costs incurred by the Administrative Office of the U.S. Courts (AOUSC) are Whereas the Pacific has long been regarded importance of gaining access to them. periodically charged to this Office. The amount of this charge for the period as one of the ‘‘last frontiers’’, with an enor- in question is not available (for the six-month period ending March 31, mous wealth of uncultivated resources; and It is economically and strategically 1998, the amount was approximately $121,700). important that we not stand idly by Additionally, payroll costs of FBI personnel assigned to this Office are Whereas direct United States participation paid by their agency, and therefore are not included in the above expenses. in the human and natural resource develop- while other countries step into the vac- ment of the South Pacific region would pro- uum created by the present U.S. policy. Mr. MURKOWSKI. That letter that mote beneficial ties with these Pacific island This resolution, Mr. President, en- has just been made part of the RECORD nations and increase the possibilities of ac- compasses all of these ideas in express- is highlighted here relative to the de- cess to the region’s valuable resources: Now, ing the sense of the United States Sen- tailed expense associated with the therefore, be it ate that a summit meeting between the Monica Lewinsky incident, expenses Resolved, That it is the sense of the Senate that— President and leaders from the Pacific from January 15 to August 31, 1998, in- region would be an excellent oppor- cluding categories of expenses relative (1) it is in the national interest of the United States to remain actively engaged in tunity for the U.S. to strengthen its to personal compensation, travel costs, the South Pacific region as a means of sup- position economically and strategi- contractual services, supplies, capital porting important United States commercial cally. These Pacific Islands in return equipment, administrative services. and strategic interests, and to encourage the will be provided the rare opportunity The total is $4.3 million, roughly $4.4 consolidation of democratic values; to share their interests, visions for the million. That is the cost to the Amer- (2) a Pacific island summit, hosted by the future, and concerns with the leader of President of the United States with the Pa- ican taxpayer. the world’s most powerful democracy. The question that I brought up ear- cific island heads of government, would be an It is my sincere belief that this summit lier was one of equity. Equity demands excellent opportunity for the United States will rebuild a foundation neglected the costs of the delays should be borne to foster and improve diplomatic relations since the end of World War II and be by the President and not the taxpayers with the Pacific island nations; (3) through diplomacy and participation in the beginning of a mutually beneficial of this country. the human and natural resource develop- I ask that my colleagues support me relationship between the U.S. and this ment of the Pacific region, the United States great region. in the resolution that I have submitted will increase the possibility of gaining access which would require the President to Congressman ENI FALEOMAVAEGA in- to valuable resources, thus strengthening troduced similar legislation in the reimburse the American taxpayers for the position of the United States as a world the expenses that resulted from the power economically and strategically in the House of Representatives, which speaks delays of the investigation, the delays new millennium; and to the importance of developing and that were initiated and caused directly (4) the United States should fulfill its long- maintaining close diplomatic and eco- by the President. standing commitment to the democratiza- nomic ties with the Pacific and that a My colleagues should note that this tion and economic prosperity of the Pacific Pacific Island Summit would aid the island nations by promoting their earliest U.S. considerably in attaining this resolution is not unprecedented. We, in integration in the mainstream of bilateral, Congress, have required Members under goal. It is my hope that this legislation regional, and global commerce and trade. will be considered and approved in both investigation by the Ethics Committee ∑ Mr. INOUYE. Mr. President, it is chambers expeditiously. to reimburse the committee for the with great pleasure that today, along ∑ f costs of the investigation. The same with Mr. AKAKA, Mr. STEVENS, Mr. standard should apply in the case of HATCH, Mr. BYRD, Mr. THOMAS, Mr. AMENDMENTS SUBMITTED the President of the United States. HOLLINGS, Mr. ROTH, Mr. FORD, Mrs. f BOXER, Mr. MURKOWSKI and Mr. SES- SIONS to submit the Pacific Island DEPARTMENT OF THE INTERIOR SENATE RESOLUTION 277—EX- Summit Resolution. AND RELATED AGENCIES APPRO- PRESSING THE SENSE OF THE Since the end of World War II, the PRIATIONS ACT, 1999 SENATE WITH RESPECT TO THE U.S. has lacked a strong diplomatic IMPORTANCE OF DIPLOMATIC policy and presence in the Pacific Re- RELATIONS WITH THE PACIFIC gion. This has become more prevalent BUMPERS (AND OTHERS) ISLAND NATIONS in recent years. Often characterized as AMENDMENT NO. 3591 Mr. INOUYE (for himself, Mr. AKAKA, a policy of ‘‘benign neglect,’’ the cur- Mr. BUMPERS (for himself, Mr. Mr. STEVENS, Mr. HATCH, Mr. BYRD, rent situation is insufficient to con- FEINGOLD, and Ms. LANDRIEU) proposed September 15, 1998 CONGRESSIONAL RECORD — SENATE S10389 an amendment to the bill (S. 2237) the National Park Service’ under title I shall schmidt, and Norman Mineta to be making appropriations for the Depart- be $1,325,903,000.’’. members of the Metropolitan Washing- ment of the Interior and related agen- f ton Airports Authority. cies for the fiscal year ending Septem- The PRESIDING OFFICER. Without ber 30, 1999, and for other purposes; as NOTICES OF HEARINGS objection, it is so ordered. follows: COMMITTEE ON INDIAN AFFAIRS COMMITTEE ON COMMERCE, SCIENCE, AND Strike line 19 on page 55 through line 6 on Mr. CAMPBELL. Mr. President, I TRANSPORTATION page 58. would like to announce that the Senate Mr. MURKOWSKI. Mr. President, I Committee on Indian Affairs will meet ask unanimous consent that the Sen- ENZI (AND OTHERS) AMENDMENT during the session of the Senate on ate Committee on Commerce, Science, NO. 3592 Wednesday, September 16, 1998, at 10 and Transportation be authorized to a.m., to conduct a business meeting, to Mr. ENZI (for himself, Mr. SESSIONS, meet on Tuesday, September 15, 1998, mark up the following bills: S. 1771, to Mr. LUGAR, Mr. BROWNBACK, Mr. at 2:30 p.m., on S. 2390—Freedom to amend the Colorado Ute Indian Water ASHCROFT, Mr. GRAMS, Mr. INHOFE, Mr. Transport Act. Rights Settlement Act; and S. 1899, BRYAN, and Mr. REID) proposed an The PRESIDING OFFICER. Without amendment to the bill, S. 2237, supra; Chippewa Cree of the Rocky Boy’s Res- objection, it is so ordered. as follows: ervation Indian Reserved Water Rights COMMITTEE ON FOREIGN RELATIONS Settlement Act of 1998; to be followed At the appropriate place, insert the follow- Mr. MURKOWSKI. Mr. President, I ing: immediately by a confirmation hearing ask unanimous consent that the Com- on the nomination of Montie Deer, to SEC. . PROHIBITION. mittee on Foreign Relations be author- (a) Notwithstanding any other provision of be Chairman of the National Indian ized to meet during the session of the law, prior to October 1, 1999, the Secretary of Gaming Commission. The hearing will Senate on Tuesday, September 15, 1998, the Interior shall not— be held in room 485 of the Russell Sen- at 10 a.m., and 2:15 p.m. to hold two (1) promulgate as final regulations, or in ate Office Building. hearings. any way implement, the proposed regula- SUBCOMMITTEE ON INVESTIGATIONS The PRESIDING OFFICER. Without tions published on January 22, 1998, at 63 Ms. COLLINS. Mr. President, I would Fed. Reg. 3289; or objection, it is so ordered. (2) issue a notice of proposed rulemaking like to announce for the information of COMMITTEE ON LABOR AND HUMAN RESOURCES for, or promulgate, or in any way implement, the Senate and the public that the Per- Mr. MURKOWSKI. Mr. President, I any similar regulations to provide for proce- manent Subcommittee on Investiga- ask unanimous consent that the Com- dures for gaming activities under the Indian tions of the Committee on Govern- mittee on Labor and Human Resources Gaming Regulatory Act (25 U.S.C. 2701 et mental Affairs, will hold two days of and the House Committee on Edu- seq.), in any case in which a State asserts a hearings entitled ‘‘Improving The Safe- defense of sovereign immunity to a lawsuit cation and the Workforce be authorized ty of Food Imports.’’ The hearings will to meet in conference on H.R. 6, the brought by an Indian tribe in a Federal court focus on legislative, administrative under section 11(d)(7) of that Act (25 U.S.C. Higher Education Act amendments of 2710(d)(7)) to compel the State to participate and regulatory remedies for the weak- 1998 during the session of the Senate on in compact negotiations for class III gaming nesses previously identified in the sub- Tuesday, September 15, 1998, at 2 p.m. (as that term is defined in section 4(8) of that committee’s safety of food imports in- The PRESIDING OFFICER. Without Act (25 U.S.C. 2703(8))). vestigation. The subcommittee will objection, it is so ordered. (b) CLASS III GAMING COMPACTS.— hear from various Members of Con- COMMITTEE ON SMALL BUSINESS (1) IN GENERAL.— gress, Government agencies, as well as (A) PROHIBITION ON APPROVING COMPACTS.— industry and interest groups. Mr. MURKOWSKI. Mr. President, I Prior to October 1, 1999, the Secretary may These hearings will take place on ask unanimous consent that the Com- not expend any funds made available under Thursday, September 24 and Friday, mittee on Small Business be authorized this Act, or any other Act hereinafter en- to meet during the session of the Sen- acted, to prescribe procedures for class III September 25, 1998, at 9:30 a.m., in room 342 of the Dirksen Senate Office ate for a markup of bills pending before gaming, or approve class III gaming on In- the committee. The markup will begin dian lands by any means other than a Tribal- Building. For further information, State compact entered into between a state please contact Timothy J. Shea of the at 9:30 a.m., on Tuesday, September 15, and a tribe, on or after the enactment of this subcommittee staff at 224–3721. 1998, in room 428A, Russell Senate Of- Act. fice Building. f (B) RULE OF CONSTRUCTION.—Nothing in The PRESIDING OFFICER. Without this paragraph may be construed to prohibit AUTHORITY FOR COMMITTEES TO objection, it is so ordered. the review or approval by the Secretary of a SUBCOMMITTEE ON ANTITRUST, BUSINESS renewal or revision of, or amendment to a MEET RIGHTS, AND COMPETITION Tribal-State compact that is not covered COMMITTEE ON ARMED SERVICES under subparagraph (A). Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Sub- (2) NO AUTOMATIC APPROVAL.—Prior to Oc- ask unanimous consent that the Com- tober 1, 1999, notwithstanding any other pro- committee on Antitrust, Business mittee on Armed Services be author- vision of law, no Tribal-State compact for Rights, and Competition, of the Senate class III gaming, other than one entered into ized to meet on Tuesday, September 15, Judiciary Committee, be authorized to between a state and a tribe, shall be consid- 1998, at 10 a.m., in open session, to con- meet during the session of the Senate ered to have been approved by the Secretary sider the nominations of Bernard D. on Tuesday, September 15, 1998, at 10 by reason of the failure of the Secretary to Rostker, to be Under Secretary of the a.m., to hold a hearing in room 226, approve or disapprove that compact. Army; James M. Bodner, to be Deputy (c) DEFINITIONS.—The terms ‘‘class III gam- Senate Dirksen Office Building, on Under Secretary of Defense for Policy; ‘‘Consolidation in the Telecommuni- ing’’, ‘‘Secretary’’, ‘‘Indian lands’’, and and Vice Adm. Dennis C. Blair, USN, ‘‘Tribal-State compact’’ shall have the same cations Industry: Has it Gone Too for appointment to the grade of admi- meaning for the purposes of this section as Far?’’ those terms have under the Indian Gaming ral, and to be Commander in Chief of The PRESIDING OFFICER. Without Regulatory Act (25 U.S.C. 2701 et seq.). U.S. Pacific Command. objection, it is so ordered. The PRESIDING OFFICER. Without f ASHCROFT AMENDMENT NO. 3593 objection, it is so ordered. ADDITIONAL STATEMENTS Mr. ASHCROFT proposed an amend- COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ment to the bill, S. 2237, supra; as fol- lows: Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Sen- TRIBUTE TO 10-YEAR ANNIVER- Beginning on page 109, strike line 21 and ate Committee on Commerce, Science, SARY OF FLORIDA-ISRAEL INSTI- all that follows through line 18 on page 110 TUTE and insert the following: and Transportation be authorized to ‘‘Notwithstanding any other provision of meet on Tuesday, September 15, 1998, ∑ Mr. GRAHAM. Mr. President, as we this Act, the amount available under the at 9:30 a.m., on the nominations of approach a new century, we find our- heading ‘National Park Service, Operation of Robert Brown, John Paul Hammer- selves in a year of multiple milestones. S10390 CONGRESSIONAL RECORD — SENATE September 15, 1998 This year, the world celebrates the 50th Argus Champion seems to be Energizer Second Grade at Sacred Heart School anniversary of the founding of the Bunny of the newspaper business. This in East Providence. State of Israel, and we also congratu- longevity, which is rare, is due pri- I was fortunate enough to be her stu- late the pioneering Florida-Israel Insti- marily to its commitment to the local dent at St. Matthew’s School. She was, tute on its 10-year anniversary. community. The Argus Champion has and is, an inspiring, demanding, and The Florida-Israel Institute, created served its community well by providing nurturing teacher. Generations of by the Florida Legislature in 1988 to local news and national news of inter- Rhode Island children have prospered expand ties with Israel, has been a suc- est. As a result, the Argus Champion because of her faithful dedication. cess by any measure: has developed a loyal following in its Mr. President, I ask my colleagues to Catalyst. Now 23 other states have hometown of Newport and the sur- join me in commending Sister Mary official links with Israel. Florida set rounding areas. Mercia for her many contributions to the pace, and its Florida-Israel Insti- Although the paper has had numer- the children of Rhode Island and self- tute continues to serve as a model for ous owners, editors, reporters, and staff less dedication to helping others. ∑ the rest of the nation. over the years, the Argus Champion f Trade boom. Total trade between has consistently published a high-qual- MARRIAGE PENALTY TAX Florida and Israel tripled between 1987 ity newspaper that reflects New Hamp- Mr. FAIRCLOTH. Mr. President, I and 1996, with dramatic increases in ex- shire’s traditions and heritage. The ∑ rise today to urge my colleagues to ports from Florida to Israel and im- paper also has changed with the times, support the elimination of the mar- ports from Israel, according to federal switching to color formats in 1997 and riage penalty tax. Our nation has re- statistics. expanding news coverage in surround- cently witnessed violent assaults on Cultural bridge. The Florida-Israel ing areas in an effort to bring a better children at school, an explosion of sex- Institute brings Israel to Florida and product to more Granite Staters. ually explicit material on television Florida to Israel, via the arts, business, In many ways, our local newspaper is and the Internet, and increasingly academia and research on topics of mu- the chronicler of the times, printing plentiful and inexpensive drugs. Now tual interest that include agriculture important stories about the local com- more than ever, our nation needs and the environment. munity and the people who live in it. strong families. Examples span the spectrum of the The Argus itself recognizes this special Unfortunately, our tax code encour- human experience. The Institute role, and each week offers to its read- ages just the opposite. It discourages brought Israeli jazz pianist Liz Magnes ers a variety of local historical infor- marriage and places an undue financial to Florida, and sent Florida professors mation through a feature column. We burden on couples, simply for being to Israel and Jordan. It helped sponsor look forward to seeing pictures of our married. According to the Congres- the one-woman show ‘‘Nomi’’ at the neighbors and their children volunteer- sional Budget Office, 21 million mar- University of Central Florida, and sent ing to raise money for a worthwhile ried couples paid an average of $1,400 Florida business leaders to Israel. cause, or participating in the Boys and more in income taxes in 1996 than they A premier feature of the Florida- Girls Scouts and the Little League would have if they were single. This Israel Institute is scholarship. The In- Baseball team. We also value our local ‘‘marriage penalty’’ is immoral and stitute carries out the time-honored paper for all of the announcements patently unfair. We are sending the precept that knowledge is a key to about milestones in our lives, including wrong message to the American people, human understanding and a powerful weddings, births, deaths, promotions, and it’s time for Congress to take ac- weapon against fear and hate. and others. We also appreciate the po- tion. The Florida-Israel Institute just litical coverage provided to the com- Mr. President, I urge my colleagues awarded scholarships to 57 Israeli stu- munity as it helps the voters make in- in the Senate to support the elimi- dents for the 1998–99 academic year. formed decisions in the ballot booth nation of the marriage penalty tax as These students will study on campuses and understand how the actions of the centerpiece of upcoming tax legis- throughout Florida, enriching campus their elected officials affect their ev- lation.∑ life for all and then serving as ambas- eryday lives. f sadors for life, linking Florida and The Argus Champion has brought the Israel. The Institute—co-hosted by community together by focusing on COMMEMORATION OF SEPTEM- Florida Atlantic University and local news and it is that tradition that BER’S HEALTH-RELATED Broward Community College—has we celebrate today on the 175th Anni- EVENTS strong roots in education. versary of the paper’s beginning. A ∑ Mr. GRAMS. Mr. President, I rise As a repeat visitor to the Middle warm congratulations to all of those today to highlight National Caregivers East, I know there is no substitute for who have contributed to the success of Day. first-hand experience in understanding the Argus Champion and best wishes As such, I wanted to show my appre- the challenges facing Israel. My wife, for the future.∑ ciation to those who work so hard to Adele, and I were honored to return to f meet the needs of the mentally and Israel this year to help celebrate the physically disabled, the elderly, and 50th anniversary. TRIBUTE TO SISTER MARY the terminally ill. Our nation is blessed Likewise, the Florida academics, en- MERCIA MORAN, R.S.M. to have individuals motivated by a car- trepreneurs and civic leaders who visit ∑ Mr. REED. Mr. President, I rise to ing and giving attitude toward others. Israel—thanks to the Florida-Israel In- pay tribute to an outstanding woman Indeed, there are roughly 1.6 million stitute—bring back a keener under- in Rhode Island, Sister Mary Mercia elderly and disabled people in our na- standing and a deeper appreciation of Moran, R.S.M., who is celebrating her tion receiving care in one of approxi- our special relationship with our ally 50th year as a Religious Sister of mately 16,800 facilities throughout the State, Israel. Mercy. country and countless others providing On this special 10-year milestone, I Originally from New York City, Sis- in-home assistance. These thousands of call on my colleagues to join me in sa- ter Mary Mercia entered the Religious individuals live each day loving, nur- luting the founders, managers and ad- Sisters of Mercy in Providence on Sep- turing, and supporting those entrusted visory board of this exemplary public- tember 8, 1948. She made her Final Pro- to their care and on behalf of the private partnership: the Florida-Israel fession on August 15, 1954. Sister Mary United States Senate, I want to say Institute.∑ Mercia has dedicated her life to educat- thank you. f ing the children of the Diocese of Prov- Mr. President, I would also like to idence. Since 1951, she has taught at recognize other health-care related TRIBUTE TO THE ARGUS several schools including: St. Patrick commemorations in the month of Sep- CHAMPION in Providence, St. Matthew in Cran- tember: National Rehabilitation Week, ∑ Mr. GREGG. Mr. President, Not too ston, St. Mary in Pawtucket and St. Mental Health Workers Week, National many businesses last a generation or Brendan in East Providence. Since 1967, Vision Rehabilitation Day, and Deaf two, much less for 175 years, but the Sister Mary Mercia has been teaching Awareness Week. September 15, 1998 CONGRESSIONAL RECORD — SENATE S10391 National Rehabilitation Week, Sep- His Rutland High School yearbook entry consideration of the Interior appropria- tember 13–19, gives us an opportunity (Class of 1944) gave a pretty good preview of tions bill. to commend the nearly 43 million peo- what his career would be like. With the high The PRESIDING OFFICER. Without ple with disabilities in America who school nickname of ‘‘Al-bo’’ the notation objection, it is so ordered. takes up 17 lines of participation from fresh- Mr. GORTON. Mr. President, I ask daily display their courage and deter- man to senior years for Alfred Joseph mination. It also calls to our attention Beauchamp. Some examples: unanimous consent that after the clerk the unmet needs of our nation’s dis- ‘‘Class president, 2,3; orchestra, 1,2,3,4; pit reports the Interior bill, Senator abled citizens. orchestra, 2,3,4; band, 1,2,3,4; president of BOXER be immediately recognized to Mental Health Workers Week is set band, 3; Student Council, 1,2,3,4; Student offer an amendment regarding oil roy- aside for us to thank those who have Council president, 4; home room president, 1; alties; further, that there be 3 hours for dedicated their talents to improving home room basketball, 1,2,3,4; National debate on the amendment, equally di- Honor Society, 3,4; varsity basketball, 4; var- vided, prior to a motion to table. Fi- the mental health of our nation. Near- sity track, 3; all-state band, 1,2,4.’’ ly half of all Americans between the There are a number of other entries in the nally, I ask that no amendments be in ages of 15 and 54 experience a psycho- list, but the citations give an indication of order to the Boxer amendment prior to logical disorder during their lifetime. very active participation in the school com- the tabling vote. Psychiatrists, psychologists, licensed munity, a proclivity for community work The PRESIDING OFFICER. Without clinical social workers, and others are that was to continue throughout his life. objection, it is so ordered. there every day to help those Ameri- In 1944, the year Al Beauchamp graduated Mr. GRAHAM. Mr. President, was from high school, the involvement of the that a unanimous consent request? cans who are experiencing problems United States in World War II was reaching pick up the pieces and move forward The PRESIDING OFFICER. It was. its climax. In those days, every able-bodied Mr. GRAHAM. Without the intention with their lives—truly important work. male who reached the age of 18 knew what September 16 is National Vision Re- was in his immediate future—he would be of objecting, I ask if in that list of habilitation Day, which recognizes the taken into the military. The only question amendments, at some point after the tremendous lack of understanding we was whether the call would come in the July amendment of the Senator from Cali- have of vision loss and the lack of or August after high school graduation. fornia, you will consider adding an availability of vision rehabilitation Al Beauchamp didn’t wait for the draft. He amendment by Senator MACK and my- joined the Merchant Marine, and in the services. National Vision Rehabilita- self to the list? course of his service was in a number of war- Mr. GORTON. Mr. President, there is tion Day gives us the chance to pro- time convoys. mote aggressive education and treat- After that there was college, entering the nothing in this unanimous consent ment for people with vision problems. insurance business, a family, and innumer- agreement that interferes with that. As the baby boom generation moves able civic activities like the local Chamber This just sets up the very first one. We into the retirement years, we need to of Commerce, where he eventually became will go back and forth, and I will cer- begin learning how to deal with serious president, and the United Way, to name just tainly honor the request of the Senator two. from Florida. eye diseases like macular degenera- As a member of the state Senate from Rut- tion, which currently affects thousands Mr. GRAHAM. If the second or third land County, Al Beauchamp served two amendment on that list can be Senator of people and about which—when it terms. He was also a trustee of his alma comes to causes and treatment—we mater, the University of Vermont, and was a MACK’s and my amendment. Mr. GORTON. We went back and know very little. member of several other state boards. Finally, Mr. President, I would like At the end of his second Senate term there forth between the two sides. If the Sen- to recognize Deaf Awareness Week and were a number of people in Rutland, includ- ator would like to be after the next Re- ing the late publisher of the Herald, Robert publican amendment, I will be happy to the opportunity it provides to recog- W. Mitchell, who felt he could be in line to nize the deaf culture experienced by set that up. go on to be lieutenant governor, and eventu- Mr. GRAHAM. After the next Repub- nearly one million Americans. Most ally advance even further. lican amendment after the Boxer people don’t know that American sign But there was no question at the time, as is still the case today, that continued in- amendment. language is the third most widely used Mr. GORTON. Right. language in America, and that Wash- volvement in politics means more and more ington, D.C. is home to the only deaf time spent away from close ties with family, f university in the world, Gallaudet Uni- so he chose not to continue in that line. True to his nature, he put family and com- PROGRAM versity. Deaf Awareness Week allows munity above personal ambition. That was us to discover the significant contribu- Al Beauchamp all the way.∑ Mr. GORTON. Mr. President, for the tions offered by individuals who happen f information of all Senators, tomorrow to be deaf.∑ the Senate will resume debate on the LEADER’S LECTURE SERIES f Interior appropriations bill, with Sen- TRIBUTE TO AL BEAUCHAMP Mr. GORTON. Mr. President, I re- ator BOXER recognized to offer an mind all Members that the leader’s lec- amendment regarding oil royalties ∑ Mr. JEFFORDS. Mr. President, I rise ture series will begin promptly at 6 with 3 hours for debate. At the conclu- today to pay tribute to a true public p.m.—that is about 1 minute from sion or yielding back of time, the Sen- servant, a dedicated husband and fa- now—this evening in the Old Senate ate will proceed to vote on a motion to ther, a Rutland, Vermont community Chamber. Senator ROBERT C. BYRD will table the Boxer amendment. leader, and a friend. I rise today to pay be the guest speaker for this evening’s Following that vote, it is expected tribute to Al Beauchamp, who passed lecture. further amendments to the Interior bill away on September 5, at the age of 72. f will be offered and debated. Therefore, The eloquent editorial printed in the Members should expect rollcall votes Rutland Daily Herald on Tuesday, Sep- ORDERS FOR WEDNESDAY, throughout Wednesday’s session in re- tember 8, expresses best how much Al SEPTEMBER 16, 1998 lation to the Interior bill or any other meant to the community of Rutland, Mr. GORTON. Mr. President, I ask legislative or executive business and to the entire State of Vermont. I unanimous consent that when the Sen- cleared for action. ask that the text of that editorial be ate completes its business today, it included in the RECORD. stand in adjournment until 9:30 a.m., f [From the Rutland Daily Herald, Sept. 8, on Wednesday, September 16. I further 1998] ask unanimous consent that when the ADJOURNMENT UNTIL 9:30 A.M. AL BEAUCHAMP Senate reconvenes on Wednesday, im- TOMORROW Alfred J. Beauchamp of Rutland, who died mediately following the prayer, the Mr. GORTON. Mr. President, if there on the weekend at the age of 72, was one of Journal of proceedings be approved, no is no further business to come before those citizens who do a great deal of work resolutions come over under the rule, the Senate, I ask unanimous consent for a community but in such a quiet way the call of the calendar be waived, the that the Senate stand in adjournment that many others in the community aren’t aware of what he has accomplished. morning hour be deemed to have ex- under the previous order. Whether it was in business, in civic work pired and the time for the two leaders There being no objection, the Senate, or in politics, he was a master craftsman at be reserved. I further ask unanimous at 6 p.m., adjourned until 9:30 a.m., achieving consensus and getting things done. consent that the Senate then resume Wednesday, September 16, 1998.