H1808 CONGRESSIONAL RECORD — HOUSE April 12, 1999 RESIGNATION AS MEMBER OF into our most serious secret weapons Foreign assistance used under the COMMITTEE ON SMALL BUSINESS programs, is described as almost total. microcredit program is loaned and paid The SPEAKER laid before the House Mr. Speaker, nuclear warhead tech- back with interest and is recycled and the following resignation as a member nology might be hard for most to con- used for new loans, thus reaching an ceive, but the fact that China could of the Committee on Small Business: even greater percentage of the world’s conceivably have the power to kill as poor. CONGRESS OF THE UNITED STATES, many as seven million Americans with HOUSE OF REPRESENTATIVES, Microcredit is empowerment. It is a Washington, DC, March 25, 1999. one missile is something that I think tool which builds upon the human spir- Hon. J. DENNIS HASTERT, everyone can visualize. it. It is the U.S. helping others to help Speaker, House of Representatives, This Chinese espionage has gone on themselves. Microcredit is action in Washington, DC. far too long. I urge the Security Coun- support of our humanitarian instincts DEAR MR. SPEAKER: Last week I was ap- cil to release the Cox report because and objectives. pointed to the Committee on Government this administration needs to stand up I support this program, and when the Reform. As a result of this appointment, I and take responsibility for release of bill comes to the floor, H.R. 1143, I ask hereby resign as a member of the Committee this Top Secret technology, and the that my colleagues give their strong on Small Business. American people deserve to fully know Thank you for your attention to this re- support. I know that results in Miami quest. what kind of mess we are actually in. works, and it works internationally, as Sincerely, Mr. Speaker, I yield back any secrets well. we may have. JANICE D. SCHAKOWSKY, f Member of Congress. f The SPEAKER. Without objection, KOSOVO IS ONE BIG WAR CRIME ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the resignation is accepted. (Mr. TRAFICANT asked and was There was no objection. given permission to address the House The SPEAKER pro tempore (Mr. f for 1 minute and to revise and extend STEARNS). Pursuant to clause 8 of rule his remarks.) XX, the Chair announces that he will COMMUNICATION FROM DAVID M. Mr. TRAFICANT. Mr. Speaker, rape, postpone further proceedings today on DELQUADRO, ASSISTANT DIREC- murder, torture. Kosovo is one big war each motion to suspend the rules on TOR, ADMINISTRATION AND IN- crime. I say it is time to indict which a recorded vote or the yeas and FORMATION DIVISION, CONGRES- Slobodan Milosevic for his war crimes. nays are ordered or on which the vote SIONAL BUDGET OFFICE I say it is time to arm the opposition is objected to under clause 6 of rule The SPEAKER laid before the House forces in Kosovo so they can defend XX. the following communication from themselves. I say it is time for Europe, Such rollcall votes, if postponed, will David M. Delquadro, Assistant Direc- yes, Europe, to send in ground troops be taken after debate has concluded on tor, Administration and Information to help. all motions to suspend the rules but Division, Congressional Budget Office: And finally, Mr. Speaker, Milosevic not before 6:30 p.m. today. U.S. CONGRESS, has lost all moral and legal authority f CONGRESSIONAL BUDGET OFFICE, to rule Kosovo. It is time to support Washington, DC, March 30, 19999. and recognize independence for Kosovo. OTAY MOUNTAIN WILDERNESS Hon. J. DENNIS HASTERT, Members of Congress, we can pay ACT OF 1999 Speaker of the House of Representatives, now or Congress and the world can pay Mr. GIBBONS. Mr. Speaker, I move Washington, DC. much, much more later. to suspend the rules and pass the bill DEAR MR. SPEAKER: This is to formally no- I yield back all of the crimes of tify you, pursuant to Rule VIII of the Rules (H.R. 15) to designate a portion of the of the House, that I received a subpoena for Slobodan Milosevic. Otay Mountain region of California as documents and testimony issued by the Su- f wilderness. perior Court of the District of Columbia. MICROCREDIT LENDING The Clerk read as follows: After consultation with the Office of Gen- H.R. 15 eral Counsel, I have determined to comply (Ms. ROS-LEHTINEN asked and was with the subpoena to the extent that it is given permission to address the House Be it enacted by the Senate and House of consistent with Rule VIII. for 1 minute and to revise and extend Representatives of the United States of America in Congress assembled, Sincerely, her remarks.) DAVID M. DELQUADRO, Ms. ROS-LEHTINEN. Mr. Speaker, I SECTION 1. SHORT TITLE. Assistant Director, Administration rise to speak about a wonderful pro- This Act may be cited as the ‘‘Otay Moun- tain Wilderness Act of 1999’’. and Information Division. gram which is transforming the lives of f millions of poor families around the SEC. 2. FINDINGS. The Congress finds and declares the fol- world. I am referring to microcredit CHINESE ESPIONAGE JEOPARD- lowing: lending. (1) The public lands within the Otay Moun- IZES SECURITY OF AMERICA Microcredit involves giving small, AND ITS CITIZENS tain region of California are one of the last low-interest, start-up loans to poor but remaining pristine locations in western San (Mr. GIBBONS asked and was given hard-working, aspiring entrepreneurs Diego County, California. permission to address the House for 1 so that they can start their thriving (2) This rugged mountain adjacent to the minute and to revise and extend his re- small businesses known as microenter- United States-Mexico border is internation- marks.) prises. It is a program which has dem- ally known for its diversity of unique and Mr. GIBBONS. Mr. Speaker, the secu- onstrated the potential to help the sensitive plants. rity of America and its citizens has (3) This area plays a critical role in San poorest family emerge from poverty Diego’s multi-species conservation plan, a been seriously jeopardized because of and, by extension, to help create a national model made for maintaining bio- the nuclear weapons and missile trans- more inclusive global economy. Re- diversity. fer of technology to China. The Amer- sults in Miami under the leadership of (4) Due to its proximity to the inter- ican people deserve to know just how Gail Newman, Kathleen Gordon, and national border, this area is the focus of im- our Nation’s goose has been cooked. many other volunteers has helped doz- portant law enforcement and border interdic- Newsweek recently reported that our ens become entrepreneurs. tion efforts necessary to curtail illegal im- top nuclear weapons expert practically Microcredit works locally and it can migration and protect the area’s wilderness fainted when briefed by CIA analysts work globally, as well. It is not a hand- values. (5) The illegal immigration traffic, com- on the preliminary damage assessment out. It is an opportunity, an invest- bined with the rugged topography, also pre- from Chinese espionage. ment, an exercise in responsibility and sents unique fire management challenges for Additionally, I think the American accountability. In developing coun- protecting lives and resources. people will also feel faint when they tries, the rate of repayment to these SEC. 3. DESIGNATION. learn that the investigating officials established programs range from 95 to In furtherance of the purposes of the Wil- believe that the Chinese spying, even 99 percent. derness Act (16 U.S.C. 1131 et seq.), certain

VerDate 06-MAY-99 13:35 May 13, 1999 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\TEMP\H12AP9.REC h12ap9 PsN: h12ap9 April 12, 1999 CONGRESSIONAL RECORD — HOUSE H1809 public lands in the California Desert District Area and shall be managed in accordance of San Diego County. I commend the of the Bureau of Land Management, Cali- with all the provisions of this Act and other gentleman from California for his hard fornia, comprising approximately 18,500 acres laws applicable to such a wilderness. work on this important piece of legisla- as generally depicted on a map entitled SEC. 8. NO BUFFER ZONES. tion. This is good legislation that will ‘‘Otay Mountain Wilderness’’ and dated May The Congress does not intend for the des- 7, 1998, are hereby designated as wilderness protect an important area. I urge my ignation of the Wilderness Area by this Act colleagues to support H.R. 15. and therefore as a component of the National to lead to the creation of protective perim- Wilderness Preservation System, which shall eters or buffer zones around the Wilderness Mr. Speaker, I reserve the balance of be known as the Otay Mountain Wilderness. my time. Area. The fact that nonwilderness activities ´ SEC. 4. MAP AND LEGAL DESCRIPTION. or uses can be seen or heard from areas with- Mr. ROMERO-BARCELO. Mr. Speak- (a) IN GENERAL.—As soon as practicable in the Wilderness Area shall not, of itself, er, I yield myself such time as I may after the date of enactment of this Act, a preclude such activities or uses up to the consume. map and a legal description for the Wilder- boundary of the Wilderness Area. (Mr. ROMERO-BARCELO´ asked and ness Area shall be filed by the Secretary SEC. 9. DEFINITIONS. was given permission to revise and ex- with the Committee on Energy and Natural As used in this Act: tend his remarks.) Resources of the Senate and the Committee (1) PUBLIC LANDS.—The term ‘‘public Mr. ROMERO-BARCELO´ . Mr. Speak- on Resources of the House of Representa- lands’’ has the same meaning as that term tives. Such map and legal description shall er, H.R. 15 would designate 18,500 acres has in section 103(e) of the Federal Land Pol- of the Otay Mountain area in eastern have the same force and effect as if included icy and Management Act of 1976. in this Act, except that the Secretary, as ap- San Diego County as wilderness. Lands (2) SECRETARY.—The term ‘‘Secretary’’ propriate, may correct clerical and typo- means the Secretary of the Interior. within and around the Otay Mountains graphical errors in such legal description and (3) WILDERNESS AREA.—The term ‘‘Wilder- are currently managed as wilderness map. Such map and legal description for the ness Area’’ means the Otay Mountain Wil- study areas and form part of the U.S.- Wilderness Area shall be on file and avail- derness designated by section 3. Mexico border. able for public inspection in the offices of The SPEAKER pro tempore. Pursu- Last Congress, in hearings on similar the Director and California State Director, Bureau of Land Management, Department of ant to the rule, the gentleman from legislation, H.R. 3950, the administra- the Interior. Nevada (Mr. GIBBONS) and the gen- tion testified in support of the wilder- (b) UNITED STATES-MEXICO BORDER.—In tleman from Puerto Rico (Mr. ROMERO- ness designation but opposed language carrying out this section, the Secretary shall BARCELO´ ) each will control 20 minutes. in the bill which would have allowed ensure that the southern boundary of the The Chair recognizes the gentleman all law enforcement activities and fire Wilderness Area is 100 feet north of the trail from Nevada (Mr. GIBBONS). management activities to occur with- depicted on the map referred to in subsection Mr. GIBBONS. Mr. Speaker, I yield out regard to the wilderness designa- (a) and is at least 100 feet from the United States-Mexico international border. myself such time as I may consume. tion or without regard to the Wilder- SEC. 5. WILDERNESS REVIEW. (Mr. GIBBONS asked and was given ness Act of 1964. The Congress hereby finds and directs that permission to revise and extend his re- The Subcommittee on National all the public lands not designated wilder- marks.) Parks and Public Lands, in adopting ness within the boundaries of the Southern Mr. GIBBONS. Mr. Speaker, the Otay the bill last Congress, agreed to an Otay Mountain Wilderness Study Area (CA– Mountains, near the U.S.-Mexico bor- amendment to address the problems 060–029) and the Western Otay Mountain Wil- der, are a unique region with diverse with the bill. This new language recog- derness Study Area (CA–060–028) managed by natural values. The area has good op- nized ongoing drug interdiction, border the Bureau of Land Management and re- portunities for solitude and primitive enforcement and fire management and ported to the Congress in 1991, have been adequately studied for wilderness designa- recreation and is particularly impor- the need to allow these activities to tion pursuant to section 603 of the Federal tant to the people of San Diego Coun- continue as long as they are in accord- Land Policy and Management Act of 1976 (43 ty. The area contains several sensitive ance with the Wilderness Act and sub- U.S.C. 1782), and are no longer subject to the species, including the only known U.S. ject to appropriate conditions as deter- requirements contained in section 603(c) of populations of the Mexican flannel mined by the Secretary of the Interior. that Act pertaining to the management of bush and Tecate cypress. H.R. 15 reflects the agreed upon lan- wilderness study areas in a manner that does In the 1980s, the Bureau of Land Man- guage from the last Congress. While not impair the suitability of such areas for agement recommended a large portion there are some individuals and organi- preservation as wilderness. of these mountains as wilderness, and zations that would prefer no mention SEC. 6. ADMINISTRATION OF WILDERNESS AREA. in the bill of border activities or fire (a) IN GENERAL.—Subject to valid existing this recommendation has received rights and to subsection (b), the Wilderness strong public support. The Otay Moun- activities, we believe the language of Area shall be administered by the Secretary tain Wilderness Act of 1999, introduced the bill is acceptable and will not un- in accordance with the provisions of the Wil- by our distinguished colleague from dermine the administration of the area derness Act (16 U.S.C. 1131 et seq.), except California (Mr. BILBRAY), would des- as wilderness. As such, we support pas- that— ignate about 18,500 acres of the Otay sage of the bill and encourage our col- (1) any reference in such provisions to the Mountain region as wilderness to pro- leagues to vote for the bill. effective date of the Wilderness Act is tect its sensitive resources and pre- Mr. Speaker, I reserve the balance of deemed to be a reference to the effective date of this Act; and serve it for future generations. my time. (2) any reference in such provisions to the During the negotiations and hearings Mr. GIBBONS. Mr. Speaker, I yield 5 Secretary of Agriculture is deemed to be a on H.R. 15, several sources expressed minutes to the distinguished gen- reference to the Secretary of the Interior. concern that wilderness designation in tleman from California (Mr. BILBRAY), (b) BORDER ENFORCEMENT, DRUG INTERDIC- the Otay Mountain region could ad- the sponsor of this piece of legislation. TION, AND WILDLAND FIRE PROTECTION.—Be- versely affect Border Patrol and drug (Mr. BILBRAY asked and was given cause of the proximity of the Wilderness interdiction activities. permission to revise and extend his re- Area to the United States-Mexico inter- marks, and include extraneous mate- national border, drug interdiction, border op- b 1415 erations, and wildland fire management op- rial.) erations are common management actions The Border Patrol assured the com- Mr. BILBRAY. Mr. Speaker, H.R. 15 throughout the area encompassing the Wil- mittee that in light of the fact that the will designate as wilderness area 18,500 derness Area. This Act recognizes the need roads in the area were excluded from acres of Otay Mountain, a rugged area to continue such management actions so the wilderness area and given the lan- along the U.S.-Mexico border in south- long as such management actions are con- guage in section 6(b) of the bill, border ern San Diego County. It is a stunning ducted in accordance with the Wilderness operations would not be adversely af- place, where people can still go and see Act (16 U.S.C. 1131 et seq.) and are subject to fected by wilderness designation. Given how the neighborhood looked when Fa- such conditions as the Secretary considers these assurances, the committee de- ther Serra entered California over 200 appropriate. cided not to amend section 6(b). years ago. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the I want to emphasize once again that H.R. 15 is a bipartisan consensus ef- Wilderness Area that are acquired by the H.R. 15 has widespread support from fort made possible by strong support United States after the date of enactment of environmental groups, the BLM, the from many different interest groups in this Act shall become part of the Wilderness DEA, the Border Patrol and the people an effort to work together. Both local,

VerDate 06-MAY-99 13:35 May 13, 1999 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\TEMP\H12AP9.REC h12ap9 PsN: h12ap9 H1810 CONGRESSIONAL RECORD — HOUSE April 12, 1999 Federal and State agencies were in- Mr. Speaker, this bill can be the years ago. H.R. 15 will ensure that Border Pa- volved, including the San Diego County blueprint for not only law enforcement trol's access to this region will continue Board of Supervisors, the Endangered and habitat preservation but for this unhindered, with continued resulting benefit to Habitats League, the California De- Congress, that we can protect the pub- both law enforcement and environmental pro- partment of Forestry, the Border Pa- lic and protect the wildlife resources of tection concerns. trol, the Departments of Justice and this Nation. In addition to facilitating increased and con- Interior, and Secretary Babbitt, who Mr. Speaker, I urge my colleagues to tinued law enforcement and resource protec- toured the area himself and addressed support H.R. 15. tion for Otay Mountain, the ability of the gen- it in December. Mr. Speaker, it gives me great satisfaction eral public to enjoy this beautiful region is I want to specifically thank the gen- to rise in strong support of H.R. 15, the Otay maintained. When I first introduced this legis- tleman from Utah (Mr. HANSEN), the Mountain Wilderness Act of 1999. H.R. 15 will lation, several of my colleagues expressed to chairman of the subcommittee, and the designate as wilderness roughly 18,500 acres me their strong interest in maintaining public gentleman from Alaska (Mr. YOUNG), of the Otay Mountain region, in southern San access, and as this has also been a high pri- the chairman of the full committee, for Diego County along the U.S.-Mexico border. ority of mine, H.R. 15 does so. their strong support of H.R. 15. I also This is a rugged and stunning place, where The two existing access roads on Otay wish to sincerely thank my colleague people can still go to experience a sense of Mountain (the Otay Truck trail and the from California, Senator FEINSTEIN, what this area looked like when Father Minnewawa Truck trail) have been whose strong support of the Otay Junipero Serra first explored it more than two ``cherrystemmed'' from the wilderness bound- Mountain wilderness area and this leg- hundred years ago. aries, to ensure that both the Border Patrol islation has been critical to its success. H.R. 15 is a common-sense and bipartisan and the CDF will be able to continue their crit- I look forward to working with her on consensus effort, which was built from the ical law enforcement and fire suppression ac- the bill as it moves to the Senate. ground level up, involving elected officials, tivities in the region under H.R. 15, and that The unique thing, Mr. Speaker, about agencies, and public interest stakeholders at the history of access by the public to this tre- H.R. 15 is it serves as an example of the local, state and federal level. As a result mendous resource will continue. Other roads how we can dovetail two apparently of working together to address the needs and in the vicinity, specifically the Otay Mountain conflicting strategies of State and Fed- concerns of all participants, I am happy to be Pack trail and the East and West Spur roads, eral agencies and make them work to- able to tell my colleagues that the broad sup- are not included within the wilderness bound- gether in a cooperative purpose. H.R. 15 port for H.R. 15 runs the gamutÐfrom the San aries and so are not impacted by this legisla- gives the Border Patrol the continuing Diego County Board of Supervisors and the tion. ability to conduct its essential law en- Endangered Habitats League (a respected There may be other regions of extraordinary forcement mission along the border in local conservation organization), to the Cali- natural beauty elsewhere in our country, per- this region. This increased enforcement fornia Department of Forestry (CDF) and the haps even in other border regions, where the has proven to be a positive if not essen- Border Patrol, to the Departments of Justice critical individual missions of various state or tial part of preserving the wildlife and the Interior, including Secretary Babbitt. federal law enforcement agencies have in the habitat and the unique natural fauna I want to particularly thank Chairman JIM past been (or have been perceived to be) op- in this area. HANSEN and Chairman DON YOUNG, along with erating at ``cross purposes'' with equally im- The Border Patrol’s increased level of all my colleagues on the Resources Com- portant missions of resource conservation or interdictions in this area has resulted mittee, for all their assistance to date on this environmental protection. It is my hope that in a lessening of the impact on the legislation and their willingness to make it a H.R. 15 can serve as a blueprint for how a Otay Mountain itself, fewer illegal priority. I am also grateful to my California col- mutually beneficial working relationship can be trails, trash piles, human waste and league, Senator FEINSTEIN, for her support of established among such agencies, in order to campfires which have caused innumer- this legislation. In the last several years, Sen- best address the needs of a given region. I able damage to the area. This includes ator FEINSTEIN has played a key role in facili- thank my colleagues for their support of this wildfires that have been purposely set tating access by the Border Patrol to Otay bipartisan bill, and would issue an open tour by smugglers as diversionary tactics Mountain, which has resulted in dramatic re- invitation for any of you that might like to visit while they smuggled drugs and illegal ductions in illegal activity in this border region. this beautiful and rugged jewel of San Diego. aliens into the area. She deserves a great deal of credit for the SAN DIEGO COUNTY BOARD I have spoken directly with Bill progress which has been achieved there to OF SUPERVISORS, Veale, the regional director of the Bor- date, and I look forward to working with her as San Diego, CA, February 17, 1999. der Patrol in this region, and he this legislation moves through the Senate. To: Board of Supervisors strongly supports this bill. He assures In addition to protecting as wilderness a par- Subject: Resolution supporting wilderness me that the important task that he has ticularly unique and rugged area of San Diego area designation for Otay Mountain been vested with will continue to be ef- County, H.R. 15 is important for the construc- Summary fective, especially with H.R. 15 designa- tive precedent I hope it can set for future re- Congressman Brian Bilbray has submitted tion. source conservation and land management H.R. 15, the Otay Mountain Wilderness Act of Access to Otay Mountain by the Bor- policy. By working together at all levels, the 1999, to the United States House of Rep- resentatives Committee on Resources. Otay der Patrol, the California Department broad coalition of support for H.R. 15 has Mountain possesses critically important nat- of Forestry and the public will not be demonstrated that wilderness designation is ural resources that are unique to the Nation. diminished by H.R. 15. It will be guar- not inherently incompatible with essential law A wilderness designation would provide long- anteed. The two main truck trails on enforcement activities in the same region, and term protection of this unique ecosystem Otay Mountain are completely ex- vice versa. Where it is appropriate, we should while creating a comprehensive management cluded, called cherrystemmed, from take these opportunities to demonstrate that framework which will enable the U.S. Border the wilderness area, and other jeep different agency missions or operating strate- Patrol and the California Department of For- trails and spur roads are not included gies can be made to complement each other, estry and Fire Protection to improve public safety in the region. within the wilderness boundary of H.R. rather than to exist completely independently Recommendation: Supervisor Jacob 15. from one another, or worse, in conflict. Mr. Speaker, H.R. 15 preserves a We have already seen the positive environ- Adopt the attached resolution supporting the Otay Wilderness Act of 1999. unique and rugged area of San Diego as mental and enforcement results of the Border wilderness for future generations to Patrol's increased access to Otay Mountain Fiscal impact enjoy, and specifically ensures that and adjoining areas near the border. The re- None. both critical law enforcement activi- ductions in illegal smuggling and immigration Background ties and public access will continue in there have directly translated into a lessened Otay Mountain has long been recognized as the region. It is my hope that this bill impact on the resource itself, such as fewer il- a unique ecosystem. The mountain is com- will serve as a blueprint for future situ- posed of rock with unusual properties that licit trails beaten through sensitive habitat, less benefit plant growth. As a result, the moun- ations where resource management and discarded trash and human waste, and greatly tain supports a large number of endangered law enforcement activities must coex- lessened risk of damage from warming or di- and sensitive species. Otay Mountain is also ist and hopefully do so in a way that versionary fires set by smugglers, such as home to the world’s largest strand of rare benefits all involved. devastated much of the mountain several Tecate Cypress.

VerDate 06-MAY-99 13:35 May 13, 1999 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\TEMP\H12AP9.REC h12ap9 PsN: h12ap9 April 12, 1999 CONGRESSIONAL RECORD — HOUSE H1811 Designation of 18,500 acres on Otay Moun- will be testifying on February 4, 1999, before the Secretary considers appropriate.’’ We tain as part of the National Wilderness Pres- the House Resources Subcommittee on Na- read this to mean that consistency with The ervation System will ensure long-term pro- tional Parks and Public Lands on behalf of Wilderness Act, as written, is mandatory. tection of valuable natural resources and the Administration in strong support of H.R. We look forward to working with the wild- wildlife and opportunities for public recre- 15. life agencies, BLM, and border and fire pro- ation will be established. Furthermore, as I look forward to working with you to pre- tection agencies on the development of the this area has experienced extensive resource serve the unique resources of this area as the critically important biological management damage as a result of illegal immigrant ac- legislation makes its way through Congress. plan for Otay Mountain. Both the County tivity and wildfires, designation as a Wilder- Sincerely, and City of San Diego have species covered ness Area will help in coordinating and im- BILL BABBITT. under their subarea plans that are dependent proving public safety. upon that management plan. It is my hope Support of H.R. 15 authored by Congress ENDANGERED HABITATS LEAGUE, that we can begin the process this year. Brian Bilbray would be consistent with San Los Angeles, CA, February 1, 1999. The progress that has been made in the Diego County’s efforts to protect threatened Re: Otay Mountain Wilderness Bill HR–15 last six years for conservation in the South- flora and fauna and continue its role as the (Bilbray). County has been truly remarkable. The Otay Mountain Wilderness will be the heart of this Nation’s leader in habitat planning. Hon. BRUCE BABBITT, Respectfully Submitted, conservation area and the bedrock of the Secretary, MSCP. Speaking for myself and the endan- DIANNE JACOB, Department of the Interior, Washington, DC. Supervisor, Second District. gered Habitats League, and, if I can presume DEAR MR. SECRETARY: In 1993, you came to to speak for the resources, you have our deep San Diego and announced a dramatic change appreciation. RESOLUTION OF THE BOARD OF SUPERVISORS of policy for the Department of the Interior. Sincerely, SUPPORTING THE OTAY WILDERNESS ACT OF 1999 Your announcement that Bureau of Land MICHAEL BECK, On the motion of Supervisor Horn, sec- Management holdings within the San Diego San Diego Director. onded by Supervisor Cox, the following reso- region would be managed for conservation ´ lution is adopted: consistent with the management directives Mr. ROMERO-BARCELO. Mr. Speak- WHEREAS, Otay Mountain is a valuable of the Multiple Species Conservation Pro- er, I yield 5 minutes to the gentleman ecosystem, consisting of 18,500 acres of rare, gram (MSCP) was of fundamental impor- from California (Mr. FILNER). endangered and sensitive flora and fauna tance. It underscored the fact that manage- Mr. FILNER. Mr. Speaker, I also rise that is unique to this region; and ment of the biological systems that we are in support of H.R. 15, the Otay Moun- WHEREAS, the important biology existing attempting to preserve and restore required tain Wilderness Act. This area should on Otay Mountain includes the world’s larg- regional consistency among agencies and ju- be designated as a wilderness area so est strand of rare Tecate Cypress; and risdictions responsible for land use and land that we can preserve its natural won- WHEREAS, preservation of this land will management. At that time, however, we did ders and safeguard the many treasures be consistent with the goals of the County of not realize how difficult that would turn out San Diego to protect its threatened natural it has to offer for future generations. to be on Otay Mountain, the heart of the The gentleman from California (Mr. resources and wildlife; and largest biological core area in the MSCP. WHEREAS, establishment of a Wilderness When the combination of illegal immigra- BILBRAY) and I are part of the San Area would create opportunities for public tion and interdiction began to destroy the Diego congressional delegation that recreation at Otay Mountain; and resources on the mountain we met with you, has been working hard with the U.S. WHEREAS, designation of Otay Mountain Ed Hasty and others to consider possible so- Border Patrol, the California Depart- as a Wilderness Area is supported by the U.S. lutions. After much discussion it was agreed ment of Forestry, the California De- Border Patrol, the California Department of that in exchange for our support in moving partment of Fish and Game, the City of Forestry and Fire Protection, and the U.S. the interdiction skirmish line down to the San Diego, the County of San Diego Attorney’s Office; border via the development of the spur roads, THEREFORE, BE IT RESOLVED, that the you would work for and support wilderness and the U.S. Attorney’s office, all to- San Diego County Board of Supervisors here- designation for the mountain. As we saw last gether, to try to make H.R. 15 a re- by recommends to the United States Con- month when we met with you on this site, ality. All of us have come together de- gress that H.R. 15, the Otay Mountain Act of the interdiction part of the strategy has spite our differences to make sure that 1999, sponsored by Congressman Brian worked better than any of us expected. The we preserve the pristine beauty of this Bilbray, be adopted designating Otay Moun- land is recovering, and the loss of human life natural wilderness for our children and tain as part of the National Wilderness Pres- on the mountain has been reduced dramati- our grandchildren. Mr. Speaker, it ervation System. cally. It is rare that a plan works out as well would be truly a shame if future gen- On motion of Supervisor Horn, seconded by as this one has. Supervisor Cox, the foregoing Resolution In our view, wilderness designation was the erations could not enjoy this natural was passed and adopted by the Board of Su- strongest assurance that the invaluable bio- gem. pervisors, County of San Diego, State of logical resources of Otay Mountain would be What does it mean to designate the California, on this 17th day of February, 1999, protected in perpetuity, Your handshake Otay Mountain region as a wilderness by the following vote: agreement with us has been good, and de- area? It means that the land will be AYES: Cox, Jacob, Slater, Horn. spite concern with section 6(b) of HR–15, we protected by the Federal Government ABSENT: Roberts. have an acceptable wilderness bill in front of from any activities that could harm State of California, County of San Diego. us. We are very appreciative of your leader- the plant and animal life or the land- I hereby certify that the foregoing is a full, ship on this issue. scape in general. This will ensure the true and correct copy of the Original entered The point of contention in section 6(b) has in the Minutes of the Board of Supervisors. been the special language regarding border protection of this land for all of us, THOMAS J. PASTUSZKA, interdiction. As you know, the Endangered both today and tomorrow. Clerk of the Board of Supervisors. Habitats League and the Sierra Club have The Otay Mountain region, which is By Frank Galang, Deputy. been working with the Wilderness Society located in southwestern California near and the Natural Resources Defense Council the U.S.-Mexico border, is an extraor- SECRETARY OF THE INTERIOR, on this important issue. While the special dinary landscape with many diverse Washington, DC, February 3, 1999. circumstances of this particular border area natural, scientific and scenic values. Hon. BRIAN P. BILBRAY, are acknowledged, there remain concerns The amazing diversity of this land in- House of Representatives, about the possibility of weakening The Wil- cludes both desert and coastal areas Washington, DC. derness Act by establishing a precedent that and boasts a number of plant species DEAR MR. BILBRAY: Thank you for your could be misused elsewhere in the future. letter of December 14, 1998, regarding the In our judgment, the language in section which can grow only in this area. proposal to designate Otay Mountain in San 6(b) is acceptable for our circumstance in In fact, the directory of Federal Nat- Diego County as wilderness. San Diego. While we feel that the appro- ural Areas lists at least 15 plant species I regret that you were unable to join me on priate place for this language is in the report that are candidates for Federal listing the Otay Mountain tour. I was pleased to accompanying the bill, we are willing to ac- as Threatened or Endangered Species. meet the many individuals and local officials cept its placement in the body of the bill The Tecate Cypress, coastal sage committed to preserving the special re- based on our understanding of the last sen- shrub, oak woodlands and a number of sources on Otay Mountain. tence of the section which reads: ‘‘This Act other vegetative associations are only The conclusion of the group present was recognizes the need to continue such man- that the time was appropriate to designate agement actions so long as such manage- a few of the plant species which grow Otay Mountain as part of the National Wil- ment actions are conducted in accordance only in small isolated populations in derness Preservation System. Bureau of with The Wilderness Act (16 U.S.C. 1131 et California and Mexico. These species Land Management Acting Director Tom Fry seq.) and are subject to such conditions as play a critical role in San Diego’s

VerDate 06-MAY-99 13:35 May 13, 1999 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\TEMP\H12AP9.REC h12ap9 PsN: h12ap9 H1812 CONGRESSIONAL RECORD — HOUSE April 12, 1999 multi-species conservation plan, a na- tures, television productions, and (c) EXISTING REGULATIONS.—The prohibition tional model for maintaining biodiver- sound tracks in National Park System on fees set forth in paragraph (1) of section sity. Not protecting these species and National Wildlife Refuge System 5.1(b) of title 43, Code of Federal Regulations, would be a travesty. units, and for other purposes, as shall cease to apply upon the effective date of regulations under subsection (a). Nothing in The Otay Mountain region was des- amended. this section shall be construed to affect the reg- ignated as the Otay National Coopera- The Clerk read as follows: ulations set forth in part 5 of such title, other tive Land and Wildlife Management H.R. 154 than paragraph (1) thereof. Area back in 1962, and later, in 1980, Be it enacted by the Senate and House of (d) PROCEEDS.—Amounts collected as fees two wilderness study areas were des- Representatives of the United States of America under this section shall be available for expendi- ignated by the San Diego County Board in Congress assembled, ture without further appropriation and shall be of Supervisors and the Bureau of Land SECTION 1. FEE AUTHORITY AND REPEAL OF distributed and used, without fiscal year limita- tion, in accordance with the formula and pur- Management. Many people in our com- PROHIBITION. (a) AUTHORITY.— poses established for the Recreational Fee Dem- munity know and have known for years (1) IN GENERAL.—The Secretary of the Interior onstration Program under section 315 of Public that the Otay Mountain region is a val- (in this section referred to as the ‘‘Secretary’’) Law 104–134. uable asset that we cannot lose. My may permit, under terms and conditions consid- (e) PENALTY.—A person convicted of violating colleagues and I would like to take this ered necessary by the Secretary, the use of lands any regulation issued under subsection (a) shall a step further by designating it as a and facilities administered by the Secretary for be fined in accordance with title 18, United wilderness area. the making of any motion picture, television States Code, or imprisoned for not more than 6 There are other reasons why it is ab- production, soundtrack, or similar project, if the months, or both, and shall be ordered to pay all costs of the proceedings. solutely critical that we preserve this Secretary determines that such use is appro- priate and will neither impair the values and re- (f) EFFECTIVE DATE.—This section and the beautiful place in America. Because sources of the lands and facilities nor result in regulations issued under this section shall be- the area is located near the busy city a significant disruption of normal visitor uses. come effective 180 days after the date of the en- of San Diego and on the U.S.-Mexico (2) FEES.—(A) Any permit under this section actment of this Act, except that this subsection border, the danger of pollution not shall require the payment of fees to the Sec- and the authority of the Secretary to issue regu- only from smog and other toxins but retary in an amount determined to be appro- lations under this section shall be effective on also from binational travelers is very priate by the Secretary sufficient to provide a the date of the enactment of this Act. real. Moreover, the border location of fair return to the government in accordance The SPEAKER pro tempore. Pursu- with subparagraph (B), except as provided in this region is the focus of important ant to the rule, the gentleman from subparagraph (C). The amount of the fee shall Nevada (Mr. GIBBONS) and the gen- law enforcement and border efforts to be not less than the direct and indirect costs to curtail illegal immigration. These ad- tleman from Puerto Rico (Mr. ROMERO- the Government for processing the application ´ ditional strains can cause very real for the permit and the use of lands and facilities BARCELO) each will control 20 minutes. The Chair recognizes the gentleman degradation to our environment. Fi- under the permit, including any necessary costs nally, the area presents unique fire of cleanup and restoration, except as provided from Nevada (Mr. GIBBONS). Mr. GIBBONS. Mr. Speaker, I yield management challenges. The designa- in subparagraph (C). myself such time as I may consume. tion as a wilderness area will actually (B) The authority of the Secretary to establish fees under this paragraph shall include, but not (Mr. GIBBONS asked and was given help us to manage all of these issues. be limited to, authority to issue regulations that permission to revise and extend his re- The lands within the Otay Mountain establish a schedule of rates for fees under this marks.) region represent some of the last pris- paragraph based on such factors as— Mr. GIBBONS. Mr. Speaker, H.R. 154 tine wilderness areas in western San (i) the number of people on site under a per- was introduced by the gentleman from mit; Diego County, California. There are Colorado (Mr. HEFLEY). The gentleman (ii) the duration of activities under a permit; many benefits to designating this area from Colorado is to be commended for as a wilderness area. I urge my col- (iii) the conduct of activities under a permit in areas designated by statute or regulations as the hard work on this bill and his com- leagues to support H.R. 15, the Otay special use areas, including wilderness and re- mitment to see this piece of legislation Mountain Wilderness Act. search natural areas; and come to fruition. Mr. ROMERO-BARCELO´ . Mr. Speak- (iv) surface disturbances authorized under a H.R. 154 is a bipartisan bill which re- er, I have no further requests for time, permit. peals the existing regulatory prohibi- and I yield back the balance of my (C) The Secretary may, under the terms of the tion on collecting fees for commercial time. regulations promulgated under paragraph (4), film productions on lands administered Mr. GIBBONS. Mr. Speaker, I urge charge a fee below the amount referred to in subparagraph (A) if the activity for which the by the Department of the Interior, in- all my colleagues to support H.R. 15. fee is charged provides clear educational or in- cluding units of the National Park Sys- Mr. Speaker, I have no further re- terpretive benefits for the Department of the In- tem and National Wildlife Refuge quests for time, and I yield back the terior. Areas. H.R. 154 authorizes the Sec- balance of my time. (3) BONDING AND INSURANCE.—The Secretary retary to establish a fee schedule using The SPEAKER pro tempore (Mr. may require a bond, insurance, or such other a number of relevant factors, such as STEARNS). The question is on the mo- means as may be necessary to protect the inter- the number of people on-site and the tion offered by the gentleman from Ne- ests of the United States in activities arising under such a permit. duration of the filming activities. The vada (Mr. GIBBONS) that the House sus- (4) REGULATIONS.—(A) The Secretary shall bill would not affect newsreel or tele- pend the rules and pass the bill, H.R. issue regulations implementing this subsection vision news activities. Proceeds from 15. by not later than 180 days after the date of the these location fees would remain in the The question was taken; and (two- enactment of this Act. unit where the filming occurs as per thirds having voted in favor thereof) (B) Within 3 years after the date of enactment the Recreational Fee Demonstration the rules were suspended and the bill of this Act, the Secretary shall review and, as Program established under current was passed. appropriate, revise regulations issued under this paragraph. After that time, the Secretary shall public law. A motion to reconsider was laid on This is a good bill which is long over- the table. periodically review the regulations and make necessary changes. due. I urge my colleagues to support f (b) COLLECTION OF FEES.—Fees shall be col- H.R. 154. PROVIDING FOR COLLECTION OF lected under subsection (a) whenever the pro- Mr. Speaker, I reserve the balance of FEES FOR MAKING OF MOTION posed filming, videotaping, sound recording, or my time. still photography involves product or service ad- Mr. ROMERO-BARCELO´ . Mr. Speak- PICTURES, TELEVISION PRODUC- vertisements, or the use of models, actors, sets, er, I yield myself such time as I may TIONS, AND SOUND TRACKS IN or props, or when such filming, videotaping, consume. NATIONAL PARK SYSTEM AND sound recording, or still photography could re- (Mr. ROMERO-BARCELO´ asked and NATIONAL WILDLIFE REFUGE sult in damage to resources or significant dis- was given permission to revise and ex- ruption of normal visitor uses. Filming, SYSTEM UNITS tend his remarks.) videotaping, sound recording or still photog- ´ Mr. GIBBONS. Mr. Speaker, I move raphy, including bona fide newsreel or news tel- Mr. ROMERO-BARCELO. Mr. Speak- to suspend the rules and pass the bill evision film gathering, which does not involve er, H.R. 154 provides for the collection (H.R. 154) to provide for the collection the activities or impacts identified herein, shall of fees for the making of motion pic- of fees for the making of motion pic- be permitted without fee. tures, television productions and sound

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