HOUSE of REPRESENTATIVES-Monday, August 2, 1982 the House Met at 12 O'clock Noon

August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18787 HOUSE OF REPRESENTATIVES-Monday, August 2, 1982 The House met at 12 o'clock noon. prohibit persons, upon their convictions of <2> the land described in subsections The Chaplain, Rev. James David certain crimes, from holding offices in or and which will be received by the city of Ford, D.D., offered the following certain positions related to labor organiza Albuquerque in exchange for the land de prayer: tions and employee benefit plans, and to scribed in subsection shall be used exclu clarify certain responsibilities of the De sively for public purposes; and Make us sensitive, 0 God, to the op partment of Labor; <3> the city of Albuquerque shall not at portunities we have to serve You S. 2073. An act to repeal outdated size and tempt to transfer title to, or control over, through deeds of good will. Enable us weight limitations now imposed on the U.S. any land described in subsections or to open our eyes that we might see the Postal Service; after the city of Albuquerque receives title needy about us, and open our hearts S. 2386. An act to require the Director of to such lands. that we will have the will to reach out the Office of Management and Budget to The land referred to in subsection prepare an annual report consolidating the which was conveyed by the United States to in kindness and concern. Bless those available data on the geographic distribu the city of Albuquerque, New Mexico, on who use their time and talents to tion of Federal funds, and for other pur December 31, 1963, by a patent numbered speak an encouraging word, who use poses; and 30-84-0081 is the following two tracts or their strength to assist those who are S. 2481. An act to provide for the rein parcels: weak, who use their faith to support statement and validation of U.S. oil and gas <1 > One tract or parcel containing 1.250 those who are afraid, and who use lease numbered W 61985. acres, more or less, which is all of the north their love to heal and forgive. Bless us half southwest quarter northeast quarter southwest quarter southwest quarter of sec this day and everyday. Amen. CONSENT CALENDAR tion 33, township 11 north, range 4 east, The SPEAKER. This is the day for New Mexico principal meridian, county of THE JOURNAL Bernalillo, State of New Mexico and is more the call of the Consent Calendar. The p&rticularly bounded and described as fol The SPEAKER. The Chair has ex Clerk will call the first bill on the con lows: Beginning at a point for the northeast amined the Journal of the last day's sent calendar. comer of said tract or parcel of land, said proceedings and announces to the same beginning point having New Mexico House his approval thereof. State plane coordinate values Pursuant to clause 1, rule I, the CERTAIN RESTRICTIONS IN X=416,444.61, Y = 1,503,889.99 and from Journal stands approved. CONVEYANCE OF LAND TO AL whence the southwest comer of section 33, BUQUERQUE, N. MEX. township 11 north, range 4 east, New The Clerk called the bill or parcel of land; thence north 89 degrees 56 entitled "An act to encourage exports subject to subsection , the Secretary of minutes 31 seconds east a distance of 330.06 by facilitating the formation and oper the Interior A second tract or parcel containing pansion of export trade services gener to the land described in subsection which 1.250 acres, more or less, which is all of the was conveyed by the United States to the south half northeast quarter northwest ally," agrees to the conference asked city of Albuquerque, New Mexico, by a quarter southwest quarter southwest quar by the House on the disagreeing votes patent number 30-84-0081, all conditions in ter of such section 33 and is more particu of the two Houses thereon, and ap such patent- larly bounded and described as follows: Be points Mr. GARN, Mr. HEINZ, Mr. ARM <1 > which require that such land be used ginning at a point for the northeast comer STRONG, Mr. CHAFEE, Mr. DANFORTH, for a public purpose pursuant to a plan ap of said tract or parcel of land, said same be Mr. RIEGLE, Mr. PROXMIRE, Mr. DODD, proved by the Secretary, and ginning point having New Mexico which prohibit the transfer of title or zone> State plane coordinate values the part of the Senate. control of such land by the patentee or its X=416,115.06, Y=1,504,055.50 and from The message also announced that successor. whence the southwest comer of section 33, The Secretary shall not execute the township 11 north, range 4 east, New the Senate had passed bills of the fol release authorized by subsection until Mexico principal meridian, county of Berna lowing titles, in which the concurrence the city of Albuquerque, New Mexico, in lillo, State of New Mexico bears south 29 de of the House is requested: consideration of such release, enters into an grees 42 minutes 44 seconds west a distance S. 1182. An act to amend the Longshore agreement satisfactory to the Secretary of 1,330.60 feet; thence south 00 degrees 01 men's and Harbor Workers' Compensation which provides that- minutes 24 seconds east along the easterly Act to improve the administration of the (1 > the city of Albuquerque will exchange line of said tract or parcel of land a distance act, to reduce incentives for fraud and the land described in subsection for the of 165.00 feet to a point for the southeast abuse, to assure immediate compensation land described in subsection and subsection (originally con southwest comer of said tract or parcel of S. 1785. An act to increase the penalties veyed by the United States to Leyburn B. land; thence north 00 degrees 01 minutes 24 for violations of the Taft-Hartley Act, to Kimble by a patent numbered 1150213>; seconds east a distance of 165.00 feet to a

89-059 0-86-12 (pt. 14) 18804 CONGRESSIONAL RECORD-HOUSE August 2, 1982 will be recognized for 20 minutes, and al other trails traverse the area. Sce entire Alabama delegation cospon the gentleman from California John Sparkman. Mr. Speaker, I am found amongst a carpet of rare and unusual ters of Birmingham and Atlanta. It is proud to insert in the RECORD at this mountain wildflowers growing unexpectedly an area that utilizes only public land, point the statement made by Senator far south. Two wild camellias, aristocrats of so no private land acquisitions will be Sparkman when the legislation was our native flowering shrubs, three species of deciduous magnolias, and Alabama's largest necessary. considered in the Senate in 1974. It specimen of the tulip poplar tree are to be We anticipate that the wilderness provides a moving and vivid descrip seen here. Large, vigorous hemlocks are es area will be very popular. It offers the tion of the priceless value of this por pecially noteworthy, as this is the southern region hiking, camping, and outdoor tion of our national forest system and most range of that species. opportunities in a rugged and chal our heritage. Much is to be learned about the distribu lenging environment. [From the CONGRESSIONAL RECORD, Apr. 21, tion and ecology of nongame mammals On behalf of the people of my area, 1971] living in the proposed wilderness. Twenty I urge my colleagues to support this BANKHEAD NATIONAL FOREST IN Al.ABAMA five of 53 species and subspecies of south legislation creating and preserving the western mammals have been definitely re Mr. SPARKMAN. Mr. President, I am intro corded in the proposed wilderness tract. It Cheaha Wilderness, which will be a ducing a bill which will assure permanently seems probable that careful scientific study, benefit for this generation and many to the people of Alabama and of the Nation which is already being carried on, will dis generations to come. the use and enjoyment of one of Alabama's close other species. The area has been re Mr. SEIBERLING. Mr. Speaker, I splendid natural treasures, the proposed nowned for its abundance of game animals yield such time as he may consume to Sipsey Wilderness on the Bankhead Nation since Indian times. There are 147 species of our colleague from Alabama Jeremiah Denton to sponsor the try in Alabama. It has been the fastest port of expanding the size of the necessary companion legislation in the growing source of jobs and income in Sipsey Wilderness. Senate. my State. The response from public officials The entire state delegation in Congress The commercial forest land base in throughout the State has been sur should support legislation to preserve the Alabama is the third largest in the prising and encouraging. The Sipsey state's priceless wilderness heritage. Nation. Only Georgia and Oregon Wilderness expansion proposal has have more commercial forest land been endorsed by the Governor, the [From the Alabama Journal, April12, 1982] than Alabama. Two-thirds of the land Lieutenant Governor, the attorney THE SIPSEY in Alabama of 21.3 million acres are general, the secretary of state, the In these callous times of James Watt and covered by forest. Some of this land lo commissioner of the State department lessening government interest in environ mental concerns, a bill introduced by Rep. cated in the southern half of the State of conservation and natural resources, Ronnie Flippo, the Florence Democrat, is among the most productive in the and the State director of the division stands out like a sequoia. country. of game and fish and the director of As noted in a letter elsewhere on this Like most other Southern States, 75 the Alabama Bureau of Publicity and page, Flippo's bill proposes enlarging the percent of Alabama's commercial Information. Sipsey Wilderness Area in the Bankhead forest land is owned and controlled by The bill has enjoyed widespread sup National Forest by 30,900 acres. It is legisla thousands of nonindustrial private port in Lawrence County in my dis tion that should be passed. owners. Our forestry industry depends trict where the Sipsey Wilderness is lo The Sipsey area is one of rare and un spoiled beauty. It contains the last original on free timber markets with many par cated. It has been endorsed by the timber stands in the state and this bill ticipants for most of its wood supply. local chamber of commerce, the would protect them from the trucks and Public forest lands account for only 1 county tax assessor, the county tax chainsaws of logging companies. million acres of the total commercial collector, the local members of the Designated wilderness areas are off-limits forest lands in Alabama. State judiciary, the Lawrence County to commercial or industrial concerns and August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18807 remain rugged and scenic for hikers, ca Alabama, however, is fortunate enough [From the Daily Mountain Eagle, Jasper, noers and other lovers of the outdoors. Few now to be on the receiving end of a proposal Ala., April 26, 19821 other states are as blessed with natural from several state conservation groups CONGRESS SHOULD GIVE OK TO SIPSEY beauty as ours and this opportunity to pro which would set aside about 30,900 acres of WILDERNESS BILL tect a part of that beauty shouldn't be land in the Bankhead National Forest for U.S. Rep. Ronnie Flippo of Florence has missed. addition to the state's Sipsey Wilderness proposed a bill to enlarge the Sipsey Wilder The near-unanimous support of the bill by Area in a project which has the endorse ness Area in the Bankhead National Forest. citizens ana officials of surrounding towns ment of practically all local officials in the The bill would add 30,913 acres to the and counties is encouraging. State officials, affected area and which would apparently Sipsey and would benefit Alabamians for including the governor and conservation di have no adverse economic impact on any generations to come. rector, also support the expansion. body. We join almost everybody else in the state Industrial growth and energy exploration Wilderness areas are fully open for hunt in supporting this bill and we urge Sens. have removed many of the nation's wilder ing, fishing, hiking, backpacking, camping, Howell Heflin and Jeremiah Denton to ness areas. Much of this scarring of the land canoeing and other recreational activities, sponsor the necessary companion bill in the has been necessary, decreed by practicality. as well as educational and scientific pur U.S. Senate. But it is comforting to know that some of suits. They cannot be used for commercial Flippo's proposal designates the addition this invaluable territory can be preserved in purposes. al land in the Sipsey as land to be used only all its splendor and be enjoyed and cher In the case of the proposal being offered for recreation, education and scientific pur ished for decades. by the Alabama Wilderness Coalition, an or poses. It would leave over 130,000 acres in Flippo's bill deserves the support of our ganization formed from several groups of the Bankhead National Forest available for other representatives. Their help in getting hunters, fishermen and other conservation commercial timber production. the bill through is needed and expected. ists, the commercial aspect may be irrele The land is already federal property, so vant. Much of the land is part of a canyon the bill wouldn't cost the taxpayers one [From the Birmingham Post-Herald, May system which honeycombs the Bankhead cent. It wouldn't hurt the logging industry's 11, 19821 National Forest. That, plus the fact that it pocketbook since the land in question in SIPSEY EXPANSION is composed of soils which erode very easily, cludes a network of canyons which makes One of the advantages of living in Ala makes it far less than desirable for timber logging difficult if not impossible and not bama is the natural beauty which exists ing or other commercial ventures. very profitable. The amount of money that within only a few hours travel of wherever In fact, studies conducted by regional the expanded Sipsey Wilderness would you live. Not only is this beauty important planning commissions around the affected bring into Alabama from tourists has not for its own sake, but it forms the base of a area indicate that the project would have been estimated, but it should be substantial. flourishing recreational industry. "virtually no economic effect." A similar But, dollars and cents aside, the beauty of Unfortunately, some areas of particular conclusion was reached in a 1979 study by the Sipsey must be preserved for years to beauty are also among the most vulnerable the U.S. Forest Service. come. to man's predations. Unless steps are taken U.S. Rep. Ronnie Flippo is studying the Flippo says this bill is one of the most to protect these areas from short-sighted proposed addition to the Sipsey and has popular he has ever introduced in the House exploitation, the irreplaceable beauty will promised to support some measure to have of Representatives. It has been endorsed by, give way to ugliness. more of the land already a part of the Bank among others, Gov. Fob James, the Ala One such area is found in the Bankhead head Forest system designated as wilder bama Department of Conservation and Nat National Forest. The Sipsey Wilderness ness. Hopefully, action can be taken as ural Resources, most of the state's major Area presently contains 12,600 rugged acres quickly as possible. The proposal would be a conservation organizations and almost every that attract thousands of hunters, fisher real boon to state hunters, fishermen and county official in Lawrence County, where men, hikers and campers each year. The campers and a rare chance for Alabama to 99 percent of the land lies. land is of little commercial timber value be have its cake and eat it too. To quote the Alabama Journal, "In these cause of the terrain and the easy erodibility callous times of James Watt and lessening of the soil. But it is invaluable to the people [From the Cullman Times, Nov. 26, government interest in environmental con of Alabama. 19811 cerns, a bill introduced by Rep. Ronnie U.S. Rep. Ronnie Flippo of Flor-:.uce, with Flippo, the Florence Democrat, stands out unusually strong support from state and WILDERNESS AcrioN WoULD BENEFIT Alu:A like a sequoia." local public officials and various private or We like the idea of adding 30,900 acres of ganizations, is seeking to provide greater the Bankhead National Forest to the Sipsey [From the Decatur Daily, Dec. 23, 19811 protection for the Sipsey area by expanding Wilderness Area. Like many environmental A VALUABLE RESOURCE the designated wilderness by 30,900 acres in groups, we also urge U.S. Rep. Ronnie The Bankhead National Forest is a vast, Lawrence and Winston counties. This ex Flippo to introduce appropriate legislation. beautiful area rich in natural resources and pansion-which also is not suitable for com The Sipsey Wilderness Area consists of recreation possibilities that also provides mercial timbering-would leave nearly 12,000 acres. It's to be preserved just as it is the watershed that nourishes a huge land three-fourths of the national forest- for future generations. Add 30,900 acres to mass. 132,000 acres-available for timber produc it and it will be one of the largest of its kind It is one of the few large areas of the tion. in the Southeast. South where man's mark is not in great evi Flippo introduced the Sipsey expansion Will it hurt anyone to do that? dence. bill in early April and committee hearings Everyone says no. Even the U.S. Forest We have the opportunity, by means of leg will probably be held in the next several Service is not opposed to it. The land, hon islation, to add 30,900 acres of the public weeks. But given the glacial speed with eycombed with canyons and composed of lands of that forest to the existing Sipsey which Congress is moving this election year soil that erodes easily, is virtually no good Wilderness Area established there in the and the lack, at present, of companion legis for anything as it is. Not even timber will early 1970s. This extra acreage will give lation by Senators Howell Heflin and Jere grow there very well. North Alabama over 45,000 acres of wilder miah Denton, it is unlikely that the expan So it's perfect as a picturesque setting for ness, making it the largest tract in this sec sion will take place this year. the future. And most of the Bankhead Na tion of the country. But Flippo, and U.S. Rep. Albert Lee tional Forest will still be untouched. The For various reasons, some have voiced op Smith, who recently endorsed the legisla national forest has 176,000 acres in it now. position to the addition of new wilderness. tion, should keep pushing this worthy If the 30,900 acres are set aside, it will still Investors see the Bankhead as a virtual for cause. The original designation of the have 134,000 open for commerical timber tune in coal, timber and other resources. Sipsey Wilderness Area took several years. production. But there are some figures here we must The expansion has much greater support. It Down the road is a plan to use these wil take into consideration. The Bankhead in shouldn't take nearly as long. derness areas to attract outdoorsy tourists: volves only one percent of this state's forest hunters and fishermen, hikers, backpackers, lands. The existing wilderness and the addi [From the Birmingham News, Oct. 7, 19811 campers and canoers. If the Bankhead plan tional proposed wilderness would make up SIPSEY LANDS goes through and, later, the West Fork only three-tenths of one percent of the Very often the setting aside of land for a Sipsey River is added to it, it'll provide an forest lands in Alabama. wilderness conservation area is accompanied outdoor recreation complex equal to almost Wilderness designation puts aside lands by explosions of controversy and battles be anything in the Smokies. with the intent of saving them for future tween economic interest and conservation All in all, it sounds like a great idea that generations. It does not mean they will ists. we should get cracking on. never be used. 18808 CONGRESSIONAL RECORD-HOUSE August 2, 1982 The Bankhead National Forest is a valua [From the Florence Times-Daily, Mar. 25, [From the Florence-Times, Apr. 11, 19821 ble resource for this area. The acres set 1982] aside for wilderness and those 30,900 pro PROTECTING SIPSEY posed for new wilderness would help assure FOREST HERITAGE U.S. Representative Ronnie Flippo and our children and their children's children The roots of more than hardwood trees Governor Fob James are to be commended that they will have a place where they can are at stake in the battle to add some 30,000 for sticking by the far-sighted Sipsey Wil visit nature under conditions similar to acres of the Bankhead National Forest to derness addition project, even though new those found here before this country was the Sipsey Wilderness. opposition to it arose just before the bill founded. Alabama's heritage is inseparable from was introduced in Congress. We join with conservation leaders, state this last vestige of hardwood forest which Both Flippo and the governor stood firm officials and concerned citizens in asking once covered the state. on their commitment to conservation in the Representative Ronnie Flippo to sponsor A congressional bill proposing the addi face of powerful opposition from Alabama's and promote legislation to add those 30,900 tion has drawn support from many unlikely timber industry. acres of Bankhead Forest lands to the wil and influential sources in Alabama. It has After the timber interests, operating derness program. also drawn opposition. under an umbrella organization called the Conservationists, sportsmen and state and Society for Wise Use of Federal Forest [From the Florence Times-Daily, Dec. 2, Lands tion, the Lawrence County Young Demo feel a need to explore and get the sense of area, and add the Sipsey to the bill. Both crats, various state conservation groups, renewal that comes from enjoying such a projects are prime cases of the land being The Moulton Advertiser and The Decatur unique area. put to the best use for all concerned. Daily have all endorsed the project. Rep. Flippo and our U.S. Senators Howell We hope the legislation gets the reception Heflin and Jeremiah Denton hold the keys [From the Moulton Advertiser, February in Congress that it deserves. Again, we to that wilderness area. We hope they will 1982] thank Rep. Flippo for his leadership in pre paring and entering the bill. take the steps necessary to insure that it is WILDERNESS Is VITAL TO AREA preserved for our use and for the use of Opposition is appearing to the addition of [From the Moulton Advertiser, Oct. 29, coming generations. acreage to the Sipsey Wilderness Area in 19811 [From the Selma Times-Journal, June 10, Bankhead National Forest. WILDERNEss CAN BoosT THE AREA With all the hundreds of thousands of 1982] acres of timber land, both public and pri Lawrence County has a chance to become PROTECTION NEEDED vate, for timber interests to exploit, they the doorstep to one of the largest wilderness U.S. Rep. Ronnie Flippo of Florence has are saying that to set aside an additional areas in the Southeast United States. legislation pending in Congress that would 30,000 acreas for preservation will do them A proposal has been made to add about 30,900 acres of the Bankhead National add almost 31,000 acres to the Sipsey Wil irreparable harm. d«:rne~ area in northwest Alabama. Rep. The Bankhead National Forest is getting Forest to the existing 12,000-acre Sipsey Bill Nichols of Sylacauga has introduced its share of use by the timber people. Many Wilderness Area, thus insuring that it is similar legislation in Congress that would would argue that it is getting more than its preserved in its relatively undisturbed state establish the 6,800-acre Cheaha Wilderness share already. The national forest system for the use of coming generations. Area in the Talladega National Forest. uses a "multi-use approach." That is, they It is hoped that U.S Representative We're hopeful these bills will be passed in are supposed to be managed both for recre Ronnie Flippo will introduce legislation to the U.S. House of Representatives and we're ational use and for timber production. add the additional acreage to the wilderness also hopeful that Sen. Howell Heflin and There are about 176,000 acres in the Bank area. Sen. Jeremiah Denton will sponsor the nec head. Of that, about 12,000 acres are in the We join those who urge Rep. Flippo to essary companion legislation in the U.S. current Sipsey Wilderness Area. A proposal sponsor the bill to add the land to the wil Senate. to add 30,900 acres to that preserve is now derness area. We think it is in the best in The addition of these wilderness areas in pending. Even if the entire 30,900 acres is terest of Lawrence County and the sur our state will enhance the recreational op added, that will still leave over 133,000 acres rounding area to expand the wilderness portunities already available to Alabamians. of the Bankhead that can be used for area. You might reasonably ask why residents timber production. There are about 176,000 acres in the of the Black Belt should be interested in And, to top that, national forest lands ac Bankhead National Forest. With the addi providing additional wilderness areas in count for only five percent of the total tion of the proposed area to the wilderness north Alabama. The facts are that over 95 timber acreage in Alabama. We can't see portion, there would still be 134,000 acres percent of Alabama's forests are in private that the timber industry will be threatened open to commercial timber production. ownership. And more and more citizens of by preserving this beautiful section of Alabama from their skid has an obligation to manage our national for their recreation. ders and chainsaws. forests for multi-use purposes. But we be Also, the Sipsey and Cheaha lands togeth They say that creating a Wilderness Area lieve the setting aside of this scenic acreage er amount to only about three-tenths of one prevents the utilization of the resources of will still leave the scales tipped on the side percent of Alabama's forests. the area. Balony. It keeps THEM from uti of commercial production as opposed to Although most of the land is privately lizing those resources. recreation usage. owned, most citizens of this area of the It allows those same resources to be en All the land within the boundaries of na state have access to recreational lands for joyed continually for generations by people tional forests in Alabama totals only about 5 hunting, fishing, hiking, canoeing, etc., but who appreciate natural beauty and tranquil percent of the total timber land in the state. many of our friends in the northern part of ity. Taking an additional 30,900 acres out of the the state are not as fortunate. And if you look at economics, you can see total should not jeopardize the timber in We hope Alabama's legislators in Wash that a Wilderness Area contributes a great dustry. In fact, if anything it will increase ington will work together to cause this deal to the local economy, since the area the market for timber sales for private land needed legislation to become a reality. draws visitors from several states. owners, thus promoting free enterprise. Tourism is a clean industry, and it makes The enlargement of the wilderness area [From the Tuscaloosa News, June 9, 19821 little demands for services on local govern would benefit Lawrence County. It would ment. insure that Lawrence Countians continue to WILDERNESS SHOULD BE ENLARGED We have an asset at our doorstep that have an unspoiled portion of forest for their Any dyed-in-the-wool Southerner would many people across the country would love enjoyment and use. appreciate the value that Alabamians place to have. To allow it to be plundered would It would also have an economic impact on on one of the state's greatest resources-the be a crime. the area. The Wilderness Area already unspoiled beauty of our natural wilderness We aren't greedy. We aren't asking that draws tourists from an area that covers sev areas. anybody "lock away" anything. We are eral states. That draw would increase dra These lands, basic to our heritage, provide simply asking that a relatively small portion matically with the expansion of the acreage. a home for wildlife and also offer the resi- 18810 CONGRESSIONAL RECORD-HOUSE August 2, 1982 dents of our state an unparalleled opportu them in late July. However, they face a dif I personally believe that the inclusion of nity to leave behind the pressures of urban ferent situation in the Senate. Senate Re the acreage along the Odum Scout Trail, in living, even if just for a few hours, to enjoy publicans have been bottling up wilderness the Talladega National Forest, and the such recreational activities as camping, bills. Success in this arena will depend a some 30,000 acres into the Sipsey Wilder hiking and fishing. great deal on Alabama Senators JEREMIAH ness area in the Bankhead National Forest, But wilderness land itself is feeling the DENTON and HOWELL HEFLIN. makes good sense for several reasons. pressures of an expanded population and Also depending on the passage of one of First, these areas are wonderfully unique growing commercial interest. When wilder these bills is the Talladega Scenic Drive, a and should be preserved and protected for ness disappears, it is gone forever. It cannot partially completed road which officials say Alabamians of generations to come. In addi be replaced or restored. could attract as many as 1 million visitors U.S. Rep. Ronnie Flippo has recognized tion, this protection will enhance the poten by the year 2000. The future of this drive tial for a much developed tourist and recrea the need to preserve our natural heritage in had been undecided because of its cutting introducing in the House of Representatives tion industry. Clearly the long-term benefits across the Odum Scout Trail in the Talle outweigh any advantages which might be a bill which would enlarge the Sipsey Wil dega National Forest. However, that dispute derness Area in the Bankhead National derived from these areas not being included was recently settled by a compromise to re in the National Wilderness Preservation Forest by 30,913 acres. route the road away from the scout trail. The Florence Democrat's bill is being co System. sponsored by U.S. Rep. Albert Lee Smith, a The preservation of the Odum Scout Your help in sponsoring or co-sponsoring Birmingham Republican, giving the meas Trail, the completion of the scenic drive and legislation to affectuate these goals will be ure the kind of bipartisan support it will the addition of the two wilderness areas in greatly appreciated by me personally and by need to obtain the backing of the president. our State will greatly enhance the recre a majority of Alabamians. It has drawn a strong and wide ranging ational opportunities already available to Please know that you have my best base of support from state and local officials Alabamians. wishes. and from many others who are interested in We hope Alabama's legislators in Wash Sincerely, conservation and preservation of natural re ington will work together and make this DoN SIEGELMA1l, sources. needed legislation a reality. Secretary of State. However, Alabama's U.S. senators, Howell Heflin and Jeremiah Denton, have not com STATE OF ALABAMA, STATE OF ALABAMA, mitted themselves to supporting the meas Montgomery, March 16, 1982. BUREAU OF PuBLICITY Hon. HOWELL T. HEFLIN, ure. Unless they sponsor the necessary com AND INFORMATION, U.S. Senate, panion legislation in the Senate, the Sipsey July 15, 1982. Wilderness enlargement bill will die. Washington, D. C. Hon. JEREMIAH A. DENTON, Jr., The senators' apparent reluctance to sup DEAR SENATOR: It is my understanding U.S. Senator, Russell Senate Of/ice Build port this measure is puzzling. Although the that Congressman Ronnie Flippo plans to ing, Washington, D. C. introduce legislation to enlarge the Sipsey bill would significantly enlarge the existing DEAR SENATOR DENTON: The above bill au 12,600 acres of Sipsey Wilderness Area in Wilderness Area in the Bankhead National Forest. As you know, there is a great deal of thored by Alabama Representatives Ronnie Lawrence and Winston counties, commercial Flippo and Bill Nichols, co-sponsored by timber interests would not be jeopardized. A support within the state for this proposal. I, too, want to add my support for this Representative Albert Lee Smith and Jack total of 132,000 acres-74 percent of the Edwards, proposes to enlarge the Sipsey Bankhead Forest-would be available for effort. Sincerely, Wilderness area in the Bankhead National commercial timbering after the enlargement Forest by approximately 30,000 acres and of the wilderness area. F.J. would create a 6,800 acre Cheaha Wilder There would be no land acquisition cost to ness Area along the Odum Scout Trail in taxpayers since the property is already STATE OF ALABAMA, the Talladega National Forest. owned by the federal government. And an May 12, 1982. expansion of the wilderness area could have Hon. HOWELL HEFLIN, I am informed that this bill has been ap a significant beneficial impact on tourism U.S. Senate, Dirksen Senate Office Building, proved by the House Interior Sub-commit and recreation in the state. Washington, D.C. tee on Public Lands. Last year there were The most important thing, however, is DEAR JUDGE HEFLIN: I have been contacted some objections raised in the Cheaha area that the expansion would preserve some of by several individuals regarding the pro by some real estate developers, but it is my the most beautiful land in Alabama limiting posed enlargement of the Sipsey Wilderness understanding that the present bill is an its use to recreation, education and scientific Area in the Bankhead National Forest. I outgrowth of a compromise reached be purposes. would certainly appreciate any positive con tween the conservation groups and the pro Sens. Heflin and Denton are wise to give sideration you could give this effort. In my posed developers. The scenic highway would careful consideration to the measure, but it judgment this bill will not adversely affect be along the ridges of Alabama's tallest is difficult to believe that they would give it our State forest land base but will provide mountain and would be a 'breathtaking' ad anything less than their support and en an excellent outdoor recreation complex dition which would further increase tourist dorsement. with no acquisition cost to the taxpayers. travel both in and out of state for this area. Their backing should come soon. Wilder Sincerely, In my opinion the proposed legislation ness is a precious resource, and the pres GEORGE D. H. McMILLAN, Jr., would greatly enhance the ever growing sures on areas such as the Sipsey increase Lieutenant Governor. popularity of the north and northeast areas with each passing day. of Alabama and best serve both the inter [CoMMENT: U.S. Senators Howell Heflin STATE OF ALABAMA, ests of economic growth and those who wish and Jeremiah Denton should support legis June 30, 1981. to preserve the spiritual and aesthetic lation introduced by Rep. Ronnie Flippo to Hon. RONNIE FLIPPO, values of one of the most beautiful areas in enlarge the scenic and valuable Sipsey Wil House of Representatives, Cannon House the United States. derness Area in the Bankhead National Of/ice Building, Washington, D. C. It is my hope that, upon investigation, you Forest.] DEAR CONGRESSMAN FLIPPO: I am writing in will give this legislation your support and support of the proposal to designate all that you will join your colleagues in the WILDLIFE AREAS-8TATION EDITORIAL RARE 2 areas in the Bankhead National House in unified sponsorship in the Senate. WBRC-TV BIRMINGHAM Forest as additions to Sipsey Wilderness, as Sincerely, There are several positive things happen a part of the National Wilderness Preserva CAROLINE S. CAVANAUGH, ing in the Wildlife Area in Alabama in tion System. Director. which we are most pleased. I just returned from a personal trip, driv U.S. Representative RoNNIE FLIPPO of ing from Montgomery to California, during Florence has legislation pending in Con which I visited several of the national parks STATE OF ALABAMA, DEPARTMENT OF gress that would add almost 31,000 acres to throughout the country. I made a point of CONSERVATION AND NATURAL RE- the Sipsey Wilderness area in Northwest stopping at each state's information center SOURCES, Alabama. Representative BILL NicHOLS of to gather materials and to study their recre November 6, 1981. Sylacauga has introduced similar legislation ational areas and to consciously compare Hon. RoNNIE G. FLIPPO, in Congress that would establish the 6,800 what they had to offer to Alabama. Many U.S. House of Representatives, acre Cheaha Wilderness Area in the Talla times I thought about how much we have in Washington, D. C. dega National Forest. Alabama and how little we publicize what DEAR RoNNIE: I have been contacted from It appears that both of these bills will get we do have, or make it available to those several sources about the proposed wilder- favorable action when the House votes on outside the state to use. ness legislation for the Bankhead National August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18811 Forest. In particular, I have been requested LAWRENCE COUNTY United States Forest Service has stated in to review the possibility of my supporting BOARD OF EDUCATION, its environmental impact statement that the inclusion of the RARE II University of Alabama I have had members of my staff, namely boy and a Lawrence County educator of Regional and Urban Planning Program Game and Fish Division Director Charles D. many years experience, I am acutely aware found that there appeared to be a "maldis Kelley and Chief of the Wildlife Section Dr. of the variety of educational experiences to tribution of resources within the Bankhead" William J. Sheffield, to review the proposal be found in nature. The Bankhead National and recommended that "consideration in detail. They have strongly urged that I Forest contains some of the few remaining should be given to the creation of more wild endorse the proposal and ask that you lend hardwood stands in Alabama. Cliffs and wa and scenic areas, protected from commercial your support in the Congress. terfalls provide majestic scenery. Plants and timber operations and mining activities." As you realize, I am in favor of rational animals of all descriptions abound. Their re The Lawrence County Association of use of our forests and recognize that the lationships and interactions are a constant Elected Officials has gone on record as sup source of wonder and amazement. greatest percentage of our wood lands must The children and future generations of porting additional wilderness in the Bank be retained for multi-use purposes. I also Lawrence County deserve to be able to head. I believe that support among the pop recognize that the designation of the RARE enjoy the beautiful Bankhead as we do. ulation at large in this area is widespread. A II lands as additions to the Sipsey Wilder Classroom experiences can be developed, lot of people throughout this region enjoy ness will only represent approximately one complimented and brought to vivid life the Bankhead and wish to see it protected. fifth of one percent of Alabama's forest through the use of the Bankhead as a living I hope that you will see fit to introduce lands; and I feel that this minimum acreage laboratory. Teachers from Lawrence legislation soon to designate all of the can be spared to assure that in future years County, the University of Alabama and RARE II areas in the Bankhead as wilder we have at least part of our forests in a nat other school systems regularly use the ness. ural state whereby future generations can Bankhead in conjunction with their teach Sincerely, enjoy it. ing programs. The Bankhead is a priceless RICHARD I. PROCTOR, I support and I recommend that you sup resource. Educational opportunities are lim Judge of Probate. port this action and lead it to success in the ited only by the imagination. Congress. I sincerely hope that you will see fit to in troduce a bill as soon as possible to desig RESOLUTION OF MOULTON-LAWRENCE COUNTY, Sincerely yours, nate all of the 30,000 acres included in the ALA., CHAMBER OF COMMERCE, CONCERNING JoHN M. McMILLAN, JR., RARE II inventory as wilderness. These THE RARE II AREAs oF THE BANKHEAD NA Commissioner. areas deserve to be protected in their natu TIONAL FOREST ral state. Whereas the Moulton-Lawrence County Sincerely, LAWRENCE CoUNTY, HuGH McWHORTER, Chamber of Commerce has as its primary Moulton, Ala, April 20, 1981. Superintendent of Education. goal the development of human, natural REPRESENTATIVE RONNIE G. FLIPPO, and economic resources of Lawrence House Office Building, LAWRENCE COUNTY, County, Alabama, and the betterment of Washington, D.C. Moulton, Ala., August 12, 1981. the quality of life of the citizens of Law DEAR HONORABLE RONNIE G. FLIPPO: I SUP Representative RONNIE FLIPPO, rence County; and port immediate wilderness designation for House Office Building, Whereas the RARE II areas of the Bank all of the RARE II areas. This totals some Washington, D.C. head National Forest contain a variety of 30,000 acres out of a total of 176,000 acres in DEAR REPRESENTATIVE FLIPPO: The people scenic geologic features as well as a unique Bankhead. of Lawrence County and the surrounding ecological diversity of plant and animal life; If all of this 30,000 acres is designated as area have an invaluable treasure right here and wilderness, it will still be less than two in our own backyard. The Bankhead Nation Whereas the citizens of Lawrence County tenths of one per cent of the forest land in al Forest abounds with cliffs, waterfalls, have for generations enjoyed and treasured Alabama. Ninety-two percent will be left for beautiful hardwood stands, and a unique va the many recreational opportunities provid other commercial development. riety of plant and animal life. Some 400,000 ed by the Bankhead National Forest: Now, With the increase nationwide in recre vistor days to the Bankhead were recorded therefore, be it last year. Hunting, fishing, horseback ational activities and with the projected tre riding, camping and hiking are some of the Resolved, That the Moulton-Lawrence mendous increase in the number of visitors more popular uses of the forest. County Chamber of Commerce at this regu to the Bankhead, it is reasonable to expect With the increased demand by the public lar me ting does hereby express its appre that its attraction will provide increasing for outdoor recreational opportunities, we ciation to Congressman Ronnie Flippo for economic benefits for Lawrence County and can ill afford the degradation of a forest as his introduction of HR6011, the Sipsey Wil Alabama. The Forest Service itself projects beautiful and unique as the Bankhead. The derness Addition Bill, in the United States this increase in usage. people of this area love and enjoy the Bank House of Representatives; and be it further These areas contain an abundant variety head and strongly support efforts to protect it. Resolved, That the Chamber respectfully of unusual plant and animal life. These I wish to express my support for the wil requests that Senator Howell Heflin and RARE II areas comprise some of the most derness designation for all of the 30,000 Senator Jeremiah Denton sponsor in the scenic areas to be found in Alabama. acres of the RARE II inventory. United States Senate companion legislation The Forest Service has stated in its envi Sincerely, to HR6011 and that they give the full and ronmental impact statement that designa HAROLD RADFORD, complete support of their offices to the pas tion of these areas as wilderness will have Tax Assessor. sage of said legislation. no significant economic impact on the coun LAWRENCE COUNTY, Dated this the 20th day of April 1982. ties involved in loss of timber harvested. Moulton, Ala., August 13, 1981. Wilderness designation is supported local- Representative RONNIE FLIPPO, ly by House Office Building, UNIVERSITY OF NORTH ALABAMA, Washington, D. C. Florence, Ala., March 19, 1982. (a) Bow hunters-and gun hunters. Hon. HoWELL T. HEFLIN, Trappers. DEAR SrR: I support wilderness designation for all of the RARE II areas in the Bank U.S. Senate, Dirksen Building, Elected officials-A resolution was head Forest. The Bankhead undoubtedly is Washington, D.C. passed last year by the Lawrence County's one of the most beautiful forests in the DEAR SENATOR HEFLIN: I am advised that Elected Officials Association opposing the State of Alabama. In few areas of our state Congressman Ronnie Flippo is introducing present timber management plan for the or country, do we have the opportunity for legislation to enlarge the Sipsey Wilderness Bankhead and supporting additional wilder the enjoyment of such a variety of outdoor Area in the Bankhead National Forest. This ness. experiences as the Bankhead provides. certainly seems to be legislation that would (d) Hikers and canoe clubs. The Bankhead RARE II areas contain a be in the best interest of not only the State, (e) By general population. tremendous variety of plant and animal life. but of the nation as a whole. Any support HARCE HILL, Numerous waterfalls, cliffs, caves and large that you might give this piece of proposed Tax Collector. hardwood stands add to the visual beauty. legislation would be appreciated. 18812 CONGRESSIONAL RECORD-HOUSE August 2, 1982 With kindest personal regards and every Wilderness will only protect 2/10 of the 1 families enjoy the beauty of trail riding and good wish for your continued good health, percent of forest land in Alabama and will the thrill of competitive rides sponsored by success and prosperity, I am leave 92 percent of national forest land in our organization. Sincerely, Alabama available for commercial exploita We, as horse owners, are especially aware ROBERT M. GUILLOT, tion and development. of the statewide decrease in lands available President. I most respectfully urge your support of for pleasure riding. Riders all over Alabama the proposed legislation and would be de appreciate and enjoy the unique opportuni FLORENCE, ALA., lighted if you could be a co-sponsor in the ties for exploration and enjoyment of the May 7, 1981. house. natural beauty of our National Forests. Hon. RoNNIE G. FLIPPO, Respectfully, As frequent visitors to our state's National Cannon House Office Building, J. HOLLIE ALLEN, Forests, we are very much concerned about Washington, D. C. Mayor. the clearcutting and general trend toward DEAR MR. FLIPPO: The proposal to desig commercialization of our forests. We feel nate all RARE II until it was already in 3,197), Jasper (population 11,844), Hartselle effect. Horseback riders come to the forests (population 8,858), Cullman (population JEFFERSON COUNTY CO!OIISSION, seeking unspoiled beauty, and have both the 13,084), Winfield BEN ERDREICH. natural beauty to be enjoyed by generations sidered. The wilderness designation and of Alabamians; and preservation of the RARE II areas in Bank ALABAMA TRAIL RIDERS' ASSOCIATION, Whereas, recent congressional legislation head National Forest and the development Madison, Ala., January 4, 1981. sponsored by U.S. Representative Ronnie of a tourism-recreation industry in sur Representative RONNIE FLIPPO, Flippo of Alabama and endorsed by Gover rounding communities would provide a per House Office Building, nor Fob James provides for approximately manent economic base locally and satisfy a Washington, D. C. 30,900 acres of the Bankhead National future state and national need for tourism DEAR CONGRESSMAN FLIPPO: The Alabama Forest to be dedicated to the Sipsey Wilder and recreation experiences. Trail Riders' Association is an organization ness Area: Now, therefore, be it It should be emphasized that adding the representing horseback riders from all over Resolved By the Council of the City of RARE II areas in Bankhead to the Sipsey the state of Alabama. Many individuals and Birmingham with the Mayor concurring August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18813 that we applaud and endorse the dedication cost. Enactment of H.R. 6011 would Mexico, and Alaska, as well as in the of the additional acreage to the Sipsey Wil insure the protection of a beautiful California RARE II bill Section 844<1> of title 18, United avoid the frustration of serious cases tion of Alabama's lush and charming States Code, is amended by inserting "fire that warrant investigation and pros woodlands. Protection will help or" after "uses". ecution. The ninth circuit case, which achieve a diversity of habitat healthy Section 844(i) of title 18, United States to Alabama's rich wildlife. It is in our Code, is amended by inserting "fire or" after I referred to earlier reversed the con State's and Nation's best interest to "by means of". viction in a case in which the property preserve these areas so that they may The SPEAKER pro tempore. Pursu damage from the fire was estimated at $1 1f2 million and a Los Angeles fire remain or become, if altered by man, ant to the rule, a second is not re fighter was killed and 24 firefighters the way the land was when the first quired on this motion. were injured. American's lived.e The gentleman from New Jersey destruction of tremely important components of our cifically stating that these offenses property is caused by explosives. But criminal justice system. shall not be construed to indicate an proving the origin of arson to be ex Frankly, the administration sup intent of Congress to occupy the field plosives is not an easy task. Represent ports a transfer of BATF into Secret to the exclusion of State law. ative BILL HUGHES, who has sponsored Service. Secret Service has had a dis This bill is widely supported by the today's legislation, reports: tinguished career. And I see some com Nation's insurance industry because it Fires caused by explosives are technically pelling public policy reasons to trans will allow greater effectiveness in the difficult to investigate. Determining the fer them. But I think the important Federal participation in the fight cause of a deliberately set fire involves an thing is that we do something, and not against arson. extensive physical and chemical inventory I urge the House to pass this bill.e of the debris at the fire scene, and extensive have them dangle on a string. chemical laboratory analysis of the debris. I realize we have strayed a little bit. e Mr. SAWYER. Mr. Speaker, I join Determining the persons responsible for But the point is that this particular the chairman of the subcommittee in causing the fire involves laborious analysis recommendation to try to plug this support of a bipartisan bill which re of insurance policy applications, records of loophole in the arson statute came ceived the administration's strong en property transfers, extensive corporate own from the Bureau of Alcohol, Tobacco, dorsement. H.R. 6454 is a noncontro ership records, balance sheets, profit and and Firearms. They have been the versial bill which would close a loop loss statements and comparison with infor prime movers in plugging this loop hole in current Federal law relating to mation concerning other suspicious fires. hole because they are the ones that arson offenses. The difficulty of proving that arson have spent much wasted effort in As my colleagues are aware, the role is caused by explosives has resulted in trying to establish how a fire has that the Federal Government can play the discontinuation of about 30 per started. And they deserve a lot of in fighting crime is a limited one. The cent of the Bureau of Alcohol, Tobac credit. devastating crime of arson, which co, and Firearms' arson investigations, Every day the BATF is doing some costs the taxpayers billions of dollars hamstringing the Federal Govern thing, that is in the public interest. each year and kills and injures thou ment's most effective crimefighting They are a great agency, and I just sands, is one area where Federal Gov agency. H.R. 6454 would vastly simpli hope my colleagues will support them ernment involvement is particularly fy the morass of current investigative and this particular legislation. appropriate. Many arsons involve or requirements by stipulating that prop e Mr. RODINO. Mr. Speaker, I rise in ganized crime or organized "arson-for erty damage caused by fire may also support of H.R. 6454. I have cospon- hire" rings and surpass the ability of be the subject of Federal prosecution. August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18817 Mr. Speaker, fire in the United ers. I urge its immediate approval and Accordingly, it is necessary for Federal States kills 8,000 people each year. It hastened progress toward enactment.e agencies- injures as many as 300,000 persons, Mr. HUGHES. Mr. Speaker, I have (!) to equip themselves with an effective causes direct property losses in excess means for securing information on, and an no further requests for time, and I understanding of, the scientific bases for of $5 billion, and results in indirect yield back the balance of my time. their regulatory decisions; losses estimated at $21 billion. Al GENERAL LEAVE <2> to utilize such information and under though the responsibility for fighting Mr. HUGHES. Mr. Speaker, I ask standing, whenever appropriate, as one arson is primarily a State and local unanimous consent that all Members factor in the assessment of matters before one, the victims of this heinous crime may have 5 legislative days in which to them pertaining to decisions related to the are crying out for a stronger national protection of human life, health, and the revise and extend their remarks on the environment; and response. Insurance companies across bill, H.R. 6454. the country are also demanding a con <3> to better delineate the scientific basis The SPEAKER pro tempore. Is for agency decisions from their more subjec certed Federal effort to control arson. there objection to the request of the tive, judgmental aspects. In testimony before the Subcommittee gentleman from New Jersey? Since risk analysis is an emerging tool on Crime last year, the American In There was no objection. for regulatory decisionmaking, there is a surance Association reported that cur The SPEAKER pro tempore. The need to encourage basic and applied re rent Federal anti-arson activities are question is on the motion offered by search in this interdisciplinary field; and essential: the gentleman from New Jersey Risk analysis is basically a multistep experience indicates, that occurrences of thirds having voted in favor thereof), process consisting first of a scientifically arson will increase as insured property the rules were suspended and the bill based risk assessment, which concentrates owners are tempted to commit this crime was passed. on the identification, probability, and conse because of bad economic conditions and A motion to reconsider was laid on quences of risk, and secondly of a risk eval high interest rates. Now is the least appro the table. uation, which is more judgmental in nature priate time to reduce the Federal law en and concentrates on decisions defining ac forcement presence in arson detection and ceptable levels of risk. Risk analysis will not provide a formula for setting public policies enforcement. RISK ANALYSIS RESEARCH AND and making regulatory decisions, however, Regrettably, we are witnessing just DEMONSTRATION ACT OF 1982 it may be a procedure by which the delinea such a reduction. The Bureau of Alco Mr. WALGREN. Mr. Speaker, I tion in section 2<3> is facilitated. hol, Tobacco, and Firearms is being move to suspend the rules and pass Scientific and technological decisions cutback. The American Insurance As the bill While many Federal agencies utilize In addition to the cutback in BATF search and Demonstration Act of 1982". risk analyses, there is presently no system FINDINGS AND DECLARATIONS atic, coordinated effort to establish risk funding, the President has proposed to analysis as an instrument in making regula eliminate all funding for the U.S. Fire SEc. 2. The Congress hereby finds and tory decisions. Administration. The House of Repre declares that- (g) Recent judicial decisons have demon sentatives recently demonstrated its (1) a number of federal agencies have strated the need to further develop risk support for this arson-fighting body been mandated by law to protect, or provide analysis in order to meet the rigorous stand by approving House Concurrent Reso information to protect, human life, health, ards of evidence and proof of cause and lution 288, which expresses the con and the environment; effect which the courts have found to be re <2> decisions by Federal agencies, legally quired by some agency statutes. gressional intent that the U.S. Fire mandated to protect human life, health, Administration continue its arson re ·and the environment, often involve rules to PURPOSE search and training programs, for the reduce risk to human life, health, and the SEc. 3. It is the purpose of this Act to de assistance and safety of our communi environment; velop a comprehensive and coordinated re ties. The fiscal year 1983 budget bill <3> such regulatory decisions involve scien search and demonstration program for risk contains no spending authority for the tific, economic, social, and philosophical analysis, taking into account the findings considerations; and declarations set forth in section 2, in Fire Administration, all the time. <4> these decisions increasingly involve an order to- So here we are today with the oppor assessment of risks to human life, health, improve the use of risk analysis within tunity to work a simple change in cur and the environment and a balancing of those Federal agencies concerned with regu rent statute to make easier Federal those risks against the economic and social latory decisions related to human life, arson investigation. H.R. 6454 is a consequences of controlling them; health, and the environment; modest proposal, but an important (5) improving the quality of the scientific develop a coordinated and systematic one, which will hopefully sound the component of such decisions is an important approach to the conduct and use of risk aspect of preserving the public's freedom of analysis by such Federal agencies; Federal clarion for additional, mean choice in weighing the social and philosoph define criteria and standards to guide ingful arson-fighting measures. The ical values intrinsic in them; and the development and use of risk analysis; Anti-Arson Act of 1982 has the full <6> analysis of the comparative risks to identify research needed by Federal support of the Department of the health and individual welfare among differ agencies to improve the methodologies and Treasury, the American Insurance As ent groups can assist in setting broad public use of risk analysis in regulatory decision sociation, and the Nation's firefight- policy objectives. making; 18818 CONGRESSIONAL RECORD-HOUSE August 2, 1982 establish within such Federal agencies (3) coordination among Federal agencies ried out within the Federal regulatory agen a means to promote an understanding by for the use of common research results and cies specifically designated in subsection the public of the risk to life, health, and the information required for risk analysis; and (b)(4); environment of scientific and technological <4> development of strategies for the use <7> identification of the areas where the decisions made within their jurisdictions, by of comparative risk- use of the results of a risk analysis is limited expressing those risks in terms of easily un to set priorities on what specific ac or prohibited by current law, regulation, or derstood, everyday experience; and tions or hazards should be the subject of practice; and to improve public understanding of de SEc. 6. The Federal regulatory agencies SEc. 4. For the purposes of this Act- cisions involving risk to human life, health, specifically designated in section 5(b)(4) the term "risk" means the potential and the environment; and shall recommend to the Director research for realization of unwanted, negative conse <5> establishment of a procedure for the required to meet the objectives stated in quences to human life, health, or the envi transfer and utilization of information and section 5(a). ronment; data between Federal agencies and private (b) The National Science Foundation, on (b) the term "risk assessment" means the and nonprofit corporations and institutions. the basis of work done by the National process of quantification of the probabilities The President shall establish and Academy of Sciences and other individuals and consequence values for an identified direct in accordance with the provisions of and institutions both inside and outside the risk; this Act a coordinated program for the im Federal Government, shall recommend to the term "risk evaluation" means the provement and use of risk analysis, which the Director a program of research directed complex process of developing acceptable shall- at strengthening the basic and applied sci levels of risk to individuals, society, or the (1) be designed to achieve the objectives ences required to support Federal agencies environment; set forth in subsection ; in utilizing risk analysis methods in regula (d) the term "risk analysis" means the (2) direct the Office to provide oversight tory decisionmaking. Such program shall in total process, including both risk assessment and guidance for the program; clude- and risk evaluation, of quantifying a risk (3) direct the Administrator to provide co (1) research on new and improved meth and finding an acceptable level of that risk ordination, planning, and implementation of ods for gathering data; for an individual, group, society, or the envi the program within and among Federal agencies; <2> research on new and improved meth ronment; and odologies for analyzing and utilizing such (e) the term "comparative risk analysis" <4> involve, where appropriate, Federal data; and means a procedure of risk evaluation in agencies involved in regulatory decisions or which the probabilities and consequences of providing information for regulatory deci (3) research on the role of comparative the risks associated with one course of sions, including but not limited to, the Food risk analysis in regulatory decisionmaking. action versus one or many alternative and Drug Administration, the Environmen The Director shall establish a mecha courses of action are compared, and which tal Protection Agency, the Occupational nism for coordinating the research pro may include- Safety and Health Administration, the Food grams of the Federal agencies pursuant to subsection and of the research programs <1) comparisons of one particular action Safety and Inspection Service of the De versus no action at all; partment of Agriculture, the Nuclear Regu recommended by the National Science <2> comparisons of two or more different latory Commission, the Department of Foundation pursuant to subsection . actions directed at achieving the same bene Energy, the Consumer Product Safety Com DEMONSTRATION PROJECTS fit; mission, the Federal Aviation Administra SEc. 7. Each of the Federal agencies <3> comparisons of the risks due to deci tion, and the Department of Transporta specifically designated in section 5<4> sions to control potential hazards to differ tion; and shall undertake a prototypical risk analysis ing levels; (5) involve, where appropriate, the Nation study. These studies should utilize presently (4) ranking of the risks that may result al Science Foundation and other agencies available information and techniques, or from any single course of action; and with basic and applied research programs new developments where available, and (5) comparisons of the risks of any deci applicable to the improvement of risk analy wherever appropriate should include the sion to control the effects of any course of sis. following elements: action as compared to similar risks which The Administrator within twelve (1) Comparison of risk of alternative may occur, or be present, due to natural oc months after the enactment of this Act courses of action. currence; shall present to the Congress a plan which (2) Delineation between scientific and (f) the term "Administrator" means the shall include- policy judgments. Administrator for Information and Regula <1) a review of the risk analyses presently <3> Identification of specific assumptions tory Affairs in the Office of Management being carried out within the Federal regula and uncertainties. and Budget; tory agencies specifically designated in sub <4> Identification of limitations placed on (g) the term "Office" means the Office of section <4>, and their use in the regula the analysis due to relevant organizational Science and Technology Policy; tory decisionmaking process; (2) a review of the risk analysis research and statutory constraints. (h) the term "Director" means the Direc <5> Identification of specific tradeoffs tor of the Office of Science and Technology being carried out by Federal agencies specif ically designated in subsection (b)(4), and posed in the particular risk analysis. Policy; and <6> Suggestions of how additional informa (i) the term "Federal regulatory agencies" the procedures within those agencies for linking this research to the regulatory deci tion, or changes in statutory language and means agencies within the Federal Govern organizational structure, could change the ment which are involved with regulatory de sionmaking process; . <3> for purposes of comparison with the strategy chosen to cope with this problem. cisions concerning human life, health, and <7> Discussion of how comparative risk the environment. findings to be made under paragraphs <1) and <2>, a brief review of risk analysis and analysis could be utilized to make the public OBJECTIVES AND ESTABLISHMENT OF PROGRAllrl risk analysis research presently being car aware of the relevance of the decisions, in SEc. 5. The objectives of the program ried out outside Federal agencies; cluding a consideration of factors such as established under subsection shall in <4> identification of specific areas of em voluntary versus involuntary nature of simi clude- phasis for research conducted within Feder lar risks, manmade versus natural risks, and <1) development of research programs al agencies, and recommendations for the necessary versus unnecessary risks. within Federal agencies (particularly those funding of such research outside such agen <8> Delineation of information concerning specifically designated in subsections (b)(4) cies by the Federal regulatory agencies, the the different levels of risk to health and and (b)(5)), intended to improve and develop National Science Foundation, and the Na welfare among different groups within the new techniques for measuring, gathering, tional Institutes of Health; population, including consideration of socio analyzing, and evaluating data necessary to <5> recommendations for a coordinating economic, location, and other pertinent fac complete risk assessments and evaluations, mechanism to transmit and share research tors, to assist in the equitable sharing of with particular emphasis on the use of com results among Federal agencies, between risks and for benefits to be realized from parative risk in risk evaluation; Federal agencies and other public agencies, the regulatory process and the implementa <2> application, as appropriate, of such re and between Federal agencies and private tion of public policy. search to the regulatory decisionmaking and nonprofit corporations and institutions; (b) such studies shall be completed within process to eliminate the deficiencies in that <6> a program plan for prototypical risk two years after the date of the enactment of process identified in the findings; analysis demonstrations which shall be car- this Act, and shall be available to experts in August 2, 1982 CONGRESSIONAL RECORD-HOUSE 18819 the field for critical peer review and to the from Florida a summary of the findings made pursu ant to section 5; the Subcommittee on Science, Re is due at the 30-month point, will serve <2> a critical review of agencies' risk analy search and Technology for her careful to bring the Congress up to date on sis procedures or capabilities as evidenced attention to the provisions of this leg the success or lack thereof of the by the prototype studies prepared pursuant islation which has been improved be entire program, and will include a crit to section 7; cause of her reservations. My col ical review of the agencies' risk analy <3> recommendations for future research league from Pennsylvania recommendations for legislation in this subject and for his work with needed to implement and facilitate the use The final report will also present of risk analysis within Federal agencies; our committee in the development of recommendations for additional re (5) recommendations for nonlegislative the bill. search on risk analysis, for legislative changes, including organizational changes, The 30-month program which would and nonlegislative changes needed to to implement a policy of risk analysis within be established under the bill would implement and facilitate the use of Federal agencies; consist of research and demonstration risk analysis by Federal regulatory <6> recommendations that will result in projects on the methodologies and ap agencies where it is appropriate. This the improved transfer of risk-related re plications, with emphasis on both the report will also recommend steps to search and information between Federal potential and the limitations of risk agencies and private and nonprofit corpora improve the transfer of risk-related re tions and institutions; and analysis in the regulatory decision search and information between Fed <7> recommendations for improving and making process. Nine Federal agencies eral agencies and to the private sector, increasing public understanding and appre would participate, including: Environ and to improve and increasing public ciation of risk and regulatory decisions. mental Protection Agency, Occupa understanding of risk and regulatory In the preparation of the report the tional Safety and Health Agency, decisions. Administrator shall seek the advice and Food and Drug Administration, Con comment by organizations and representa Mr. Speaker, the activities under sumer Product Safety Commission, this bill will not require an authoriza tives of both public and private interests, Department of Transportation, De and any comments made shall be included tion for new appropriations and the in the final draft of such report submitted partment of Energy, Nuclear Regula bill therefore does not include such an to Congress. tory Commission, Federal Aviation Ad authorization. In our discussions with SEc. 9. Nothing in this Act shall constitute ministration, and the Food Safety and the administration it became clear an authorization for the appropriation of Inspection Service of the U.S. Depart that much of the activity covered by funds from the Treasury of the United ment of Agriculture. the legislation is presently occurring States. At present, most of these agencies albeit in a less coordinated manner The SPEAKER pro tempore. Is a and several others are grappling with and without evaluation by Congress or second demanded? the concept of risk and its manage the public. Thus no new funds will be Mr. RITTER. Mr. Speaker, I ment, but at widely varying levels of required to carry out the purposes and demand a second. sophistication, and with little adminis intent of this bill. The SPEAKER pro tempore. With trationwide coordination. Building out objection, a second will be consid consistency and standards of quality It is the hope of the Committee on ered as ordered. into Federal applications of risk analy Science and Technology that the suc There was no objection. sis is an important objective of this cessful completion of the program The SPEAKER pro tempore. The legislation, and an important factor in which would be performed under this gentleman from Pennsylvania has directed me to express our alarm ical to risk analysis such as epidemiol to our statistical system from the at your recent action to eliminate the Sta ogy. While this application supports budgetary and personnel decisions of tistical Policy Branch and the position of the goals of this legislation, I have not the Reagan administration. One such Chief Statistician. In our judgment, the re seen the support necessary to main decision was made in May, when the sultant void poses serious short- and long tain a viable R. & D. program in the term risks to businesses and institutions Office of Management and Budget that depend on federal statistics, and to the environmental and health area. EPA's abolished its Statistical Policy Branch national government. The Board's resolu R. & D. program has been cut 50 per and transferred the personnel to non tion is enclosed. cent since this Administration came to statistical functions, reviewing activi The de-emphasis and ultimate elimination office. This is not a serious way of ties of the regulatory agencies. This of statistical policy has resulted, it appears, dealing with the question of risk anal clearly is a case of robbing Peter to from a desperate move to provide resources ysis when a strong R. & D. base is crit pay Paul. And it may well confirm the for regulatory reviews, not from an assess ical to its effectiveness. fears of those who believe a statistical ment on the merits. Providing resources for coverup may be in the making. regulatory review is, no doubt, a worthy ob It has been the traditional role of jective. Our concern is that statistical policy the Committee on Science and Tech The American Statistical Association issues, which transcend regulatory func nology to insure that the research and was founded in 1839, and it is tions, should not be organizationally linked development aspects of new technol the leading broad-based professional to regulatory review so that long-term sta ogies which are moving toward appli association of statisticians. The board tistical policy is sacrificed to short-run ad cation receive the proper congression of directors of the ASA recently ministrative targets. al attention. The notion of risk analy passed a resolution decrying Director The American Statistical Association, a sis is already being loosely used in Stockman's dissolution of his own broad-based professional association that in agency. I have attached for the cludes statisticians of all types, has advised public policy debate in and out of the the Federal Government on the census and Congress, and it is important that we RECORD copies of this resolution and other statistical matters since ASA's found focus attention on the need to the July 21, 1982, letter to Director ing in 1839. The Association has been close strengthen the basic methodology. We Stockman from the Executive Director ly associated with the statistical policy func need to be sure that the basic and ap oftheASA. tion in the U.S. government since the first plied research base is solid, and that The resolution states that- continuing activity, 1 the Federal Statistics there is a well-researched understand The Association views with alarm the con Board established by President Hoover. The ing among all concerned as to both the tinuing erosion of the statistical policy and Association has contributed in significant coordination function culm.inating in the ways to the evolution of the federal statisti limitations and opportunities of apply cal system over that span of more than fifty ing the technique. Providing a con abolition of the Statistical Policy Branch withinOMB. years, through professional, nonpartisan gressional mandate to build that un Loss of effective statistical coordination public service by generations of statistical derstanding is the purpose of this bill, will undoubtedly have a destructive impact experts and statistical statesmen. Hence we and I urge its swift passage by the on government statistical activities. The speak from a wealth of experience with fed house.e main result of this change will be a cumula eral statistics, and familiarity with the vul tive decrease in the quality and quantity of nerabilities of the statistical system. 0 1345 useful information needed to guide decision The United States has deliberately chosen making in both private and public sectors, a partly decentralized statistical system, Mr. WALGREN. Mr. Speaker, I have resulting in increased costs and reduced effi permitting the collection of data to be re no further requests for time, and I ciency. sponsive to the policy and program needs of yield back the balance of my time. the Cabinet departments that are their The executive director of the ASA major direct clients. A fully decentralized The SPEAKER pro tempore. The points out that- question is on the motion offered by system runs grave risks of progressive dupli The de-emphasis and ultimate elimination cative waste and inconsistency and incoher the gentleman from Pennsylvania S. 1785. An act to increase the penalties War; and Mr. BROOMFIELD. for violations of the Taft-Hartley Act, to H.J. Res. 526. Joint resolution authorizing Mr. MicHEL in two instances. prohibit persons, upon their convictions of and requesting the President to issue a proc Mrs. FENwicK. certain crimes, from holding offices in or lamation designating the week of August 1, Mr. FIELDS. certain positions related to labor organiz 1982, through August 7, 1982, as "National Mr. EDWARDS of Oklahoma. tions and employee benefit plans, and to Purple Heart Week." Mr. HYDE. clarify certain responsibilities of the De Mr. FRENZEL in five instances. partment of Labor; to the Committee on Education and Labor; ADJOURNMENT Mr. FINDLEY. S. 2073. An act to repeal outdated size and Mr. CONTE. weight limitations now imposed on the U.S. Mr. WEAVER. Mr. Speaker, I move Mr. CAMPBELL. Postal Service; to the Committee on Post that the House do now adjourn.