S9486 CONGRESSIONAL RECORD — SENATE September 17, 1997 and misinformation our hard won, sa- How People Answered the Constitution Poll— sume consideration of the committee cred freedoms appear to be in grave, Continued amendment on page 96, line 12. grave peril indeed. The Senator from Michigan is recog- Can you recall any of 64%— nized to offer a second-degree amend- the rights guaran- speech. Madam President, I ask unanimous ment, on which there shall be 30 min- consent that the dismal results of the teed by the first 41%—reli- amendment? gion. utes of debate equally divided. National Constitution Center’s poll be 33%—press. The Senator from Michigan is recog- placed in the RECORD at this point. 17%—as- nized. I thank Senators for listening and I sembly. AMENDMENT NO. 1206 TO EXCEPTED COMMITTEE Whose rights are guar- 88%—US AMENDMENT BEGINNING ON PAGE 96, LINE 12 yield the floor. anteed by the Con- Citizens. (Purpose: To decrease funding for NEA) stitution? There being no objection, the mate- Mr. ABRAHAM. Madam President, I rial was ordered to be printed in the Approximately how 29%—1–5 long is the U.S. Con- pages. would like to call up my amendment at RECORD, as follows: stitution? this time, amendment No. 1206. Who is Commander-in 74%—the The PRESIDING OFFICER. The How People Answered the Constitution Poll Chief of the U.S. President. clerk will report. Armed Services? How do Americans feel Responses: The legislative clerk read as follows: Can you name the 7%—the about the Constitution? The Senator from Michigan [Mr. ABRAHAM] group or any of the Constitu- The U.S. Constitution 91% agree. proposes an amendment numbered 1206 to ex- individuals who were tional is important to me cepted committee amendment beginning on responsible for draft- Conven- I am proud of the U.S. 89% agree. page 96, line 12. ing the U.S. Con- tion. Mr. ABRAHAM. Madam President, I Constitution stitution? The U.S. Constitution 67% agree. How many amend- 19%—27 ask unanimous consent that reading of is used as a model by ments are there to amend- the amendment be dispensed with. many countries the Constitution? ments. The PRESIDING OFFICER. Without To work as intended, 84% agree. What are the names of 51%—legis- objection, it is so ordered. the U.S. Constitu- the three branches of lative. The amendment is as follows: tional system de- the Federal govern- 50%—execu- On page 96, line 16, strike ‘‘$83,300,000’’ and pends on active and ment? tive. insert ‘‘$55,533,000’’. informed citizens 56%—judi- On page 96, line 25, strike ‘‘$16,760,000’’ and The U.S. Constitution 72% dis- cial. insert ‘‘$11,173,000’’. doesn’t impact agree. True or False: The 15%—false. At the end of the amendment add the fol- events today Constitution states lowing: The Constitution 77% dis- that all men are cre- SEC. . Notwithstanding any other provi- doesn’t matter much agree. ated equal sion of law, not more than $10,044,000 of the in my daily life True or False: The 76%—true. funds appropriated for the National Endow- To understand the 77% dis- U.S. Constitution ment for the Arts under this Act may be Constitution, you agree. can be modified available for private fundraising activities have to be a lawyer True or False: The 86%—true. for the endowment. SEC. . Notwithstanding any other provi- The question asked: Percent of cor- Constitution is the sion of this Act, an additional $32,000,000 is rect re- supreme law of the appropriated to remain available until ex- sponses: land pended for construction under the National When was the Con- 19%—1787. True or False: The peo- 42%—false. Park Service, of which $8,000,000 shall be stitution written? ple can vote directly for President transferred to the Smithsonian Institution Where was the Con- 61%—Phila- True or False: When it 69%—false. and made available for restoration of the stitution written? delphia, was first written, the Star Spangled Banner, $8,000,000 shall be PA. Constitution out- transferred to the National Endowment for What are the first ten 66%—the lawed slavery the Humanities and made available for the amendments to the Bill of True or False: There 48%—false. preservation of papers of former Presidents Constitution called? Rights. are 10 Supreme Court of the United States, of which $9,000,000 shall Do you recall what the 55%—the Justices be available for the replacement of the introduction of the Preamble. True or False: Con- 72%—true. wastewater treatment system at Mount Constitution is gressional Rep- Rushmore National Memorial, of which called? resentatives are $2,000,000 shall be available for the stabiliza- How many branches of 58%—three. elected by the people tion of the hospital wards, crematorium, and the Federal Govern- True or False: The 75%—false. immigrant housing on islands 2 and 3 of Ellis ment are there? Constitution states Island, and of which $5,000,000 shall be trans- How many Senators 48%—100. that Christianity is ferred to the Smithsonian Institution and are there in the U.S. the official religion made available for the preservation of manu- Congress? of the U.S scripts and original works of great American How many years are 43%—6 True or False: The 58%—false. composers’’. there in a Senate years. Constitution states Mr. ABRAHAM. Madam President, I term? that the first lan- just would state at the outset it is not How many voting 23%—435. guage of the U.S. is my intention, given the lateness of the members are there in English. day and the other amendments still to True or False: The text 74% false. the House of Rep- come, to necessarily use all of the time resentatives? of the Constitution How many years are 45%—2 specifically protects on this issue. In fact, I intend to make there in a Represent- years. a woman’s right to a brief statement. I will stay here to ative’s term? have an abortion discuss it at greater length if oppo- nents of this amendment want to en- Who nominates the 70%—the f justices of the Su- president. gage in more discussion, although I preme Court? know today most people have expressed DEPARTMENT OF THE INTERIOR According to the Con- 69%—born themselves already on these issues per- AND RELATED AGENCIES APPRO- stitution, a person in the US. taining to the National Endowment for PRIATIONS ACT, 1998 must meet certain 51%—35 the Arts. So I am going to make a brief requirements in years of The Senate continued with the con- statement and I will then wait to see order to be eligible age. sideration of the bill. to be elected Presi- 8%—lived in whether others wish to speak. If not, I dent. Can you name the US 14 COMMITTEE AMENDMENT ON PAGE 96, LINE 12 am prepared at a certain point to yield any of these require- years. THROUGH PAGE 97, LINE 8 back the remainder of the time. ments? The PRESIDING OFFICER. Under a This amendment seeks to accomplish previous order, the Senate will now re- several key objectives. September 17, 1997 CONGRESSIONAL RECORD — SENATE S9487 First and foremost, it has been my My amendment would divert $30 mil- his very constructive role that he has goal since arriving in the Senate to lion from the NEA to the support of played over recent years since his move the NEA in a direction of being a these entities at the amounts that entry in the Senate. I know this is an private national entity supporting the have been requested by the people in- issue he has felt very strongly about, arts. I believe that is in the long-term volved with them in order to facilitate that he has looked for creative and in- best interests of the taxpayers and of restoration where that is appropriate, novative ways in which we can con- the arts. Since arriving here and well in order to facilitate maintenance tinue to fund arts in this country, in before my arrival, it has been obvious where that is appropriate, in order to which we can continue to emphasize to me that these discussions about the supply additional dollars to ongoing that arts are a priority and, at the NEA too often turn on questions of ac- restoration projects, and so on. same time, address many of the con- cusations from one side that we are I believe all of us should be able to cerns that the American people have spending tax dollars to basically pro- agree that these five national treasures addressed concerning the National En- mote things that are unacceptable or that I have outlined in this amendment dowment for the Arts, its administra- even obscene, and on the other side ar- deserve the support of the Congress. By tion and its elitist attitude. guments from those who are part of the moving in this direction, we can ac- I would just like to say in reference arts community that we in the Con- complish two very noble objectives, I to that attitude, which has caused such gress are trying to somehow censor the think: On the one hand, the privatiza- consternation among those who sin- creative activities of people in our tion and liberation of the National En- cerely believe that arts are important country. This will continue, Madam dowment for the Arts, and on the other in America but are greatly troubled by President, as long as taxpayer money hand the preservation, restoration, and what they see in the National Endow- is involved. protection of great national treasures. ment for the Arts, a statement that What I worry about as a supporter of For those reasons, I call upon my col- was made by Jane Alexander, the the arts is that we will continue to see leagues to support this amendment. I Chairwoman of the National Endow- the NEA reduced in size and scope, think it is perfectly consistent with ment for the Arts, when she testified both in terms of its budget, as well as those who have argued for a national before the Labor and Human Resources in terms of its flexibility, because each entity to support the arts. I think it is Committee this past April. time a new issue arises, Congress’ re- consistent with those who have argued In a dialog with myself and in re- sponse has been to reduce funding and that we shouldn’t have taxpayer dol- sponse to the questions I posed to her, to add more strings and more handcuffs lars engaged in that entity. I believe Ms. Alexander said: to the Endowment. that it is the right way to strike a bal- Let me suggest an analogy here with re- The best way to address it, I think, is ance between the rival positions on gard to the arts. to move in the direction of privatiza- this and at the same time do great Her response was in direct answer to tion, move this out of the Government, good in preservation of very important my question concerning the situation and allow it to be as large as support national treasures. in Arkansas in which, out of 12 grant for it can be. That is what my amend- At this point, Madam President, I applications, only one was granted. A ment seeks to set in motion by reduc- yield the floor and see if anyone else little over $400,000 went to the whole ing for the upcoming year by approxi- wishes to speak on this amendment. State of Arkansas, while single exhib- mately one-third the size of the Endow- Mr. HUTCHINSON. Will the Senator its around this country received more. ment but allowing the Endowment to yield? In response to that she said: spend a percentage of its revenues for Mr. ABRAHAM. I yield—how much Let me suggest an analogy here with re- the beginning of a fundraising program time does the Senator from Arkansas gard to the arts . . . There are apples grown designed to ultimately produce ade- desire? in practically every State of the United quate funds to sustain itself as an inde- Mr. HUTCHINSON. Madam Presi- States, but there are few States that have pendently chartered entity. dent, how much time do we have re- the right conditions for nurturing and devel- I believe that will be a long-term ap- maining? oping apple trees; and then, they are distrib- proach. As I laid out in previous de- The PRESIDING OFFICER. The Sen- uted all throughout the Nation. bates, I think there are a variety of in- ator has 10 minutes remaining on his The implication being that arts are dicators that suggest support for the time. like apples, that there are only a few Endowment would be existent, that Mr. HUTCHINSON. I inquire, do you places they are really going to flourish, there would be the kind of private sup- have other Senators wishing to speak and that Arkansas was not one of port, given the magnitude of national on behalf of your amendment? them. I hope my constituents under- support already for arts activities in Mr. ABRAHAM. What I was hoping stand and I hope that my colleagues our country of $9 billion per year, given for, if I can just indicate, was to deter- understand why that was so offensive the fact that numerous private institu- mine if there was any further discus- to me. She went on: tions are larger than the National En- sion or interest on the opposing side of The same is true of the arts. The talent dowment for the Arts, even today. I be- this amendment. If there is, then I pools, the areas of nurturing and develop- lieve such support would be existent. would want to speak about my amend- ment of artists tend to be located in a few And so this would be the first step in ment more. If not, I will be prepared to States. that direction toward privatization. yield the remainder of my time to the Perhaps that explains why one-third If my amendment is adopted, I will Senator from Arkansas to speak on of all of the direct grants of the Na- have sense-of-the-Senate and other whatever matter he wants. tional Endowment go to six cities. Per- amendments that I will bring at appro- Mr. HUTCHINSON. I only anticipate haps this attitude, revealed in an un- priate times to buttress this plan of ac- perhaps 5 minutes. guarded moment, explains why one- tion. Mr. ABRAHAM. That will be great. I third of the congressional districts in The other goal of this amendment is yield 5 minutes to the Senator from this country receive nothing from the to direct additional Federal dollars in Arkansas to speak on whatever issue National Endowment for the Arts. This support of other national treasures, he might wish, with respect to this is an agency whose original mission some of them arch-related, that I think amendment or upcoming amendments. was to broaden access to the arts. deserve our commitment: the Star- The PRESIDING OFFICER. The Sen- Broaden access to the arts—I ask, is Spangled Banner, Ellis Island, the pa- ator from Arkansas is recognized for 5 that going to be the result of the atti- pers of our Presidents and Founders, minutes. tude that development of artists tend the works of our great composers, Mr. HUTCHINSON. Thank you, and I to be located in a few States, that the Mount Rushmore. All five of these en- thank the Senator from Michigan for talent pool is only located in a few tities or institutions or documents, or yielding. States? I take great, great exception to in the case of the Star-Spangled Ban- Madam President, I commend the that, and that is why I believe the Sen- ner, the flag itself, are in various Senator from Michigan for his out- ator from Michigan—I have my own states of deterioration and lack of sup- standing leadership on the issue of the amendment I will be talking on later— port. National Endowment for the Arts, for but I commend the Senator from S9488 CONGRESSIONAL RECORD — SENATE September 17, 1997 Michigan for the good job he has done debate on the amendment equally di- Federal support for the arts and the in addressing these kind of abuses and vided in the usual form. humanities. You can look at the this kind of attitude. Mr. GORTON addressed the Chair. Smithsonian, the military bands, the I have pointed out that the adminis- The PRESIDING OFFICER. The Sen- Fulbright International Exchange, the trative costs for the National Endow- ator from Washington. National Endowment of the Human- ment are well above most other Fed- Mr. GORTON. Was the unanimous ities, the National Gallery of Art, the eral agencies—almost 20 percent. Al- consent request agreed to? Holocaust Memorial Council. On and most a penny out of every nickel that The PRESIDING OFFICER. The on we find the Federal role in arts is the NEA has is spent on administration unanimous consent request has been not limited to the National Endow- overhead. agreed to. ment at all. So I believe the votes that we are Mr. GORTON. So there will be votes Only 5 percent, in fact, of all of the going to cast this evening on the Abra- at 7:30? Federal involvement, involves the ham amendment, on the Hutchinson- The PRESIDING OFFICER. The Sen- NEA. That 5 percent though, as we Sessions amendment, and on the ator is correct. have seen, has been eroded by extrava- Hutchison of Texas amendment will be, Mr. GORTON. Madam President, we gant overhead, over 18 percent adminis- to a great extent, a vote on whether we will try to find some other business to trative costs that are immediately want the Washington bureaucracy or occupy the Senate until that time. taken off because of the bureaucracy whether we want more local control on Does the Senator from Arkansas wish here in Washington. And that small 5 funding for the arts. to speak? percent is absorbed by six cities—six So I ask support for the Abraham The PRESIDING OFFICER. Under cities. And one-third of all of the con- amendment. I also ask support for the previous order, the Senator from gressional districts in the United other amendments that will be offered Arkansas is recognized to offer his States receive nothing from the Na- concerning the National Endowment. amendment. tional Endowment of the Arts. We must not obfuscate, we must not AMENDMENT NO. 1187 TO EXCEPTED COMMITTEE So in all of this debate, the problems confuse what this issue is. It is not are AMENDMENT BEGINNING ON PAGE 96, LINE 12 in the NEA have gone unanswered. I you proarts or against arts. So often I (Purpose: To provide financial assistance to heard the proponents of the NEA come have heard proponents of the NEA States to support the arts) to the floor, and over and over again come down and say, ‘‘Well, arts are Mr. HUTCHINSON. Madam Presi- they laud how wonderful art is—Who good.’’ Of course, arts are good. They dent, I call up amendment No. 1187. can object to that?—how great lit- are beneficial, uplifting and they are The PRESIDING OFFICER. The erature is. Who can complain about inspiring and ennobling. They are all of clerk will report. that? But they never respond to the ob- those things, but you cannot equate The legislative clerk read as follows: jections that have been raised concern- the NEA with arts. In fact, the NEA The Senator from Arkansas [Mr. HUTCH- ing the National Endowment for the funds less than 5 percent of the Federal INSON] for himself, Mr. SESSIONS, Mr. ABRA- Arts. contribution to arts in this country. So HAM and Mr. ENZI, proposes an amendment Their mission is broader public ac- it is time that we reform. It is time we numbered 1187 to excepted committee cess to the arts. Yet, as we saw just a made a change in the status quo. amendment beginning on page 96, line 12. few moments ago in a statement by I commend the Senator from Michi- Mr. HUTCHINSON. Madam Presi- Chairwoman Jane Alexander, she says gan. I thank him for yielding. dent, I ask unanimous consent that that there are only a few States that Mr. ABRAHAM. Madam President, I further reading of the amendment be have the proper nurturing and develop- suggest the absence of a quorum and dispensed with. ment to produce artists. That, to me, ask unanimous consent that the time The PRESIDING OFFICER. Without will never fulfill their mission of not be charged to anyone. objection, it is so ordered. broadening public access to the arts. The PRESIDING OFFICER. Without (The text of the amendment is print- Fully 85 percent of the 1997 grantees objection, it is so ordered. The clerk ed in today’s RECORD under ‘‘Amend- were past recipients of NEA largess— will call the roll. ments Submitted.’’) 85 percent. That is not going out and The legislative clerk proceeded to Mr. HUTCHINSON. Madam Presi- fostering new artists, new writers, new call the roll. dent, we have 30 minutes equally di- sculptors. Mr. ABRAHAM. Madam President, I vided; is that correct? Here are the issues before the Senate. ask unanimous consent that the order The PRESIDING OFFICER. The Sen- No. 1, accountability. As the pro- for the quorum call be rescinded. ator is correct. ponents of the NEA come down, they The PRESIDING OFFICER. Without Mr. HUTCHINSON. Madam Presi- have not responded to the NEA’s own objection, it is so ordered. dent, over and over during the debate IG report which listed the abuses, Mr. ABRAHAM. Madam President, it on the National Endowment for the things like 63 percent of the grantees is my intention to offer a unanimous Arts we have heard the proponents that had project costs that were not consent request which I think has now come to the floor and say how good and reconcilable to accounting records, 79 been cleared on both sides. I ask unani- beneficial the arts are. Who can argue percent with inadequate documenta- mous consent that the votes ordered with that? The argument they seem to tion of personal costs charged to the with respect to the NEA issue be make is, we ought to automatically re- grant, 53 percent failed to engage inde- stacked to occur at 7:30 p.m., with 4 authorize, that we ought to automati- pendent auditors to conduct grant au- minutes of debate equally divided prior cally appropriate $100 million for the dits as required by the OMB. to the votes on those issues. National Endowment for the Arts be- No one responded to that. I listened The PRESIDING OFFICER. Is there cause art is good, without any scru- and listened. No one would respond to objection? Without objection, it is so tiny, without any close examination of the inspector general’s report or the ordered. how the National Endowment is oper- General Accounting Office’s evaluation Mr. ABRAHAM. I now ask unanimous ating, how they are working today. of the NEA and how it operates. So ac- consent to have the time remaining on The debate has in fact deteriorated countability is an issue. both sides of the debate on the Abra- into kind of a syllogism. The syllogism Local control is an issue. Do we want ham amendment be yielded back. goes like this: Art is good. The Na- to continue to say yes to Washington The PRESIDING OFFICER. Without tional Endowment for the Arts is art; bureaucrats, or do we want to say yes objection, it is so ordered. and, therefore, the NEA is good. to local control of how these dollars Under the previous order, the Abra- Obviously, art is good. It is inspiring. are spent? ham amendment No. 1206 is set aside, It is uplifting. We have heard anecdote Third, the issue is fairness and fund- and the Senator from Arkansas is rec- after anecdote of the benefits of art in ing. Under the proposal of Senator SES- ognized to offer a second-degree our lives. But the NEA is not the equiv- SIONS and myself we have offered an amendment to the committee amend- alent of art. amendment that will allow 45 States to ment on page 96, line 12 through page In fact, as we see on this chart, the receive more for arts. I hope that all of 97, line 8. There will be 30 minutes of NEA is less than 5 percent of the total my colleagues in the U.S. Senate will September 17, 1997 CONGRESSIONAL RECORD — SENATE S9489 pick up the ‘‘Dear Colleague’’ on their They made very, very poor funding the basic and deepest decent views of desk that we so often overlook. If decisions. They funded programs that the average citizen in our Nation? Members look up your State, you will are arcane, bureaucratic, bizarre, and Madam President, 45 States will get see exactly how much more will be often just plain silly, and not support- more. Our orchestras in virtually every available for arts education or avail- ing funding for programs that are wor- State will get more. Our museums will able for the local artists under our thy and needy. get more. Our theaters will get more. amendment as opposed to the status In my hometown of Mobile, AL, we Our folk art will have more opportuni- quo. have an opera that celebrated its fif- ties for additional funding. Say no to Washington. Say yes to tieth anniversary a few years ago. A I submit this proposal answers all of local control. Say yes to the Hutchin- group of citizens who love the music the objections of the critics who say son-Sessions amendment. and fine arts came together and formed that we should continue to fund arts. It If there are no opponents here to that organization. It received a paltry continues to fund arts at a greater de- speak I yield to the cosponsor of this $4,000 from the National Endowment gree than we have done before and amendment, Senator SESSIONS. for the Arts, whereas, as Senator eliminates the mismanagement that The PRESIDING OFFICER. The Sen- ASHCROFT so eloquently talked about we have seen in Washington. ator from Alabama is recognized. yesterday, this organization gave $1,500 This is a good bill. I urge all my col- Mr. SESSIONS. Madam President, I to a poem consisting of one word—L-I- leagues to support it. It is time to am honored to have the opportunity to G-H-G-H-T. I don’t know what it says bring to an end an agency that has join Senator HUTCHINSON from Arkan- or what language it is but they spent abused its power, who for year after sas in support of this bill which I be- that much, and we only got $4,000 for year after year has come before this lieve certainly answers all the objec- an opera that does outstanding work in body and promised to do better but tions of those who are concerned that our community. does not do so. It is time to bring that somehow we would be cutting support The opera in Mobile performs works agency to an end and take the tax- for arts in America. that I think anyone can support, ‘‘La payers’ money and spend it wisely in It answers the concerns of those who Boheme,’’ and ‘‘Pirates of Penzance,’’ believe that the National Endowment real support of real art all over Amer- one of my favorites, just last year. In for the Arts, as shown by its own in- ica. Madam President, that concludes my spector general’s office, has mis- ‘‘Pirates’’ I recall the great phrase, he managed itself, has not managed the is the very model of a modern major remarks. I note that Senator JESSE taxpayers’ money—money taken from general, he knows all things, agricul- HELMS, who voted to end all funding working citizens all over America— tural, chemical and mineral, but he for the National Endowment for the who have entrusted it to their Govern- didn’t know how to fight a war. That Arts, also has expressed a wish to join ment in hopes that Members of this was a good lesson. Arts do teach us. We in as a cosponsor to this amendment. I body will appropriate it wisely and ef- learn from those kind of things. think that should be noted for the fectively to further national goals. I am not against art. I think we can RECORD. Our bill says, all right, we can fund do a better job of supporting. I am will- I yield the floor. arts, but we want to do it a different ing to support arts funding. This bill Mr. DODD addressed the Chair. way. We are tired of trusting that in- represents a huge infusion of money The PRESIDING OFFICER. The Sen- side group, the elite corps, that has into the arts community all over ator from Connecticut is recognized. been distributing moneys, in my opin- America in virtually every State. Mr. DODD. Madam President, how ion, unfairly, for quite a number of Look at this: Alabama goes from much time remains? years. $750,000 to $1.6 million, a $900,000 in- The PRESIDING OFFICER. There It is quite an interesting fact that six crease; Alaska shows a $50,000 increase; are 15 minutes remaining in opposition cities in this Nation receive one-third Arizona, a $600,000 increase; Arkansas, to the amendment. Senator HUTCHIN- of the moneys from the entire National a $770,000 increase; California, a $1 mil- SON has 3 minutes 33 seconds remaining Endowment for the Arts. This chart lion increase; Colorado, a $97,000 in- on his side. will reflect that and give some appre- crease; Connecticut, a $127,000 increase; Mr. DODD. Madam President, I yield ciation for this fact. The big cities, the Delaware, a $152,000 increase; Washing- myself 7 minutes. If I need an addi- wealthiest cities in the world, really, ton, DC, $1.8 million reduction. Wash- tional minute or so, I may ask unani- are the ones receiving the most money. ington, DC, has money already funded mous consent for that. Will the Chair That is because the distribution of that for the National Gallery of Art, the notify me when 7 minutes have expired money is being decided by a group in Kennedy Center, and many other ac- and maybe we can work something out Washington that is not connected to tivities in this community by this here. the arts communities in places all over body. The PRESIDING OFFICER. The America—whether it is Indiana, Kan- Madam President, I say that art is Chair will so advise the Senator. sas, Ohio, Alabama or Arkansas. They valuable. Good art does uplift. All of us Mr. DODD. Madam President, let me are not connected with those commu- who care about a greater America begin by expressing my appreciation to nities. So they tend to further the peo- should support the arts. We should sup- our colleagues who rejected the pro- ple they are dealing with. It has been port fine arts. But just as good art up- posal to eliminate the National Endow- going in drastically unfair proportions lifts, poor art can demean and under- ment for the Arts in its entirety by a to cities that are wealthier than any mine the qualities of a great Nation. vote of 23 to 77. I think it was a good cities in the world. We think that is a Too often, this organization has sup- vote and a strong vote, one in which major factor that we ought to think ported art that is not healthy, ‘‘art the Senate can take legitimate pride. I about today. from the gutter,’’ as has been said. Just think that vote expresses the feelings New York City itself received more this past year, as was demonstrated on of most of us here that the National money than 29 different States, includ- ‘‘Dateline’’ with Jane Pauley this sum- Endowment for the Arts has been a ing my State of Alabama. Madam mer, a special on the National Endow- very successful agency that has made a President, 75 percent of the money, as ment for the Arts showed explicit ho- significant contribution, and continues Senator HUTCHINSON has pointed out, 75 mosexual activities on the screen using to do so, to the vitality, health, well- percent of these moneys have gone in a $31,000 grant by the National Endow- being, and cultural heritage of our what may be considered a political di- ment for the Arts. country. rection. Seventy-five percent has gone One of the reasons they say they I know it has been said that there to the districts of Democratic Con- want to remain in existence is because have been examples cited of where NEA gressmen. That, I think, should con- they helped set the standard, they are grants or subgrants or subcontracts cern people, because a majority of the the Good Housekeeping Seal of Ap- over the years, from time to time have citizens of this country have elected proval. What kind of approval is that, been given that have supported or pro- their representatives to be Repub- for this Government to fund obscene duced or been involved with some pro- licans. It is not fair that the money be and pornographic material with tax- ductions of art that have been distaste- distributed just to the Democrats. payers’ money, against and contrary to ful to many people in this country. I S9490 CONGRESSIONAL RECORD — SENATE September 17, 1997 am not here to argue the merits or de- talking about here for the National En- Third, support for programs with a merits of those particular cases. In dowment for the Arts is $100 million for national impact is a goal and commit- fact, in several instances, I, too, was all 50 States, to support our cultural ment of the NEA and can only be for- sort of stunned that certain produc- activities. warded by an organization with re- tions were provided with that kind of There has been a tremendous burst sources and the kind of clout and pres- financing and backing. and blossoming of activities in the last tige of a Federal agency. It puts us on But I think it is important for every- 30 years in this country in the arts record, as a nation, that we stand and body to understand and to put this into area. The number of nonprofit theaters support these efforts. context, if we can. As I understand it has grown from fifty-six 30 years ago to The NEA supports such nationally now, since the creation of the National over 400 in the country today. Orches- important work as the Vietnam Veter- Endowment for the Arts, going back tras have quadrupled in number, to ans Memorial, or public television more than a quarter of a century ago, over 200 in our Nation. Public arts shows; these are national in scope not there have been over 100,000 grants that agencies in small towns and cities have State by State, or community by com- have been extended by the NEA. Of climbed to over 3,000 in the last 30 munity. We lose that if we don’t have that 100,000, I am told, if you take all years. a national focus and direction. the controversial grants that have been Yet, today, we see another attempt National studies into the importance given, the number is around 40 or 45 here to try, in one way or another, to of arts education can be lost. Support- maybe. That, many would argue, goes get rid of the agency, to either vote it ing American artists that represent the beyond the ones that were the most out of existence or, with all due re- United States as a nation in cultural controversial, which number in the sin- spect, to block grant the money to festivals overseas are supported by the gle digits. I wanted to put that into eliminate it. We also know that this NEA. Who is going to do this if we, in perspective. very agency has been the one which fact, distribute the resources around Mr. HUTCHINSON. Will the Senator has served as the impetus, the spark, if the country and lose the national pres- yield for a question? you will, that has aided in the flourish- ence of the National Endowment for Mr. DODD. If I can just finish my re- ing of the arts we have seen over these the Arts? marks, I will be glad to yield at that past three decades. The National Endowment for the time. With a deep commitment and a mea- Arts dollars go to regional projects— The reason I cite those statistics is I ger beget, the NEA has provided vital not just State and local ones—such as think it is important, as we look at support to States, local communities, exhibiting the traditional folk arts of these agencies, that we keep this in schools, artistic and cultural institu- the Delaware Valley. Only the NEA, as context. No agency is perfect. There tions, artists, and others for over 30 a fully funded Federal agency, can gar- have been questionable grants given by years. ner the resources and provide the lead- the Housing Administration, by the While always limited, these dollars ership for such nationally important Defense Department, and by the Com- do make a difference. It is hard to le- work. merce Department. In fact, I would verage out of a block grant, if you will, Fourth, NEA dollars receive eco- match up the total amount of grants the kind of private contributions NEA nomic returns. These dollars create $37 given by the NEA, those that are con- has been able to generate. So by re- billion in national economic activity, troversial or distasteful, and compare moving the kind of programs that we and $1 billion alone in my home State that with almost any other agency of have seen here and leaving things up to of Connecticut. Grants spur economic the Federal Government and compare sort of the political vagaries, we leave activity throughout the country. NEA their track record in terms of cases this commitment that we have made grants generate tourism, stimulate where there has been fraud, abuse, or over the years in great, great jeopardy. business development, drive urban re- waste of millions of dollars. Currently, 35 percent of the NEA’s newal and contribute to our Nation’s So nobody is standing here suggest- budget flows directly to the States—in economic vitality. Over 1.3 million jobs ing perfection at all. What we are argu- effect, a block grant, if you will. I un- are supported by the arts. ing about is whether or not there is a derstand that the States deserve a role, Finally, the NEA is a leader. The legitimate purpose in having a Na- but it needs to be a partnership with NEA provides cultural leadership for tional Endowment for the Arts, a feder- the Federal Government. The success the Nation in such areas as education, ally chartered agency that tries to ex- of the NEA is rooted, obviously, in its crime prevention initiatives, city de- press the importance of the cultural national presence—once that is lost, I sign, public arts, and preservation of contribution of the arts. I have often think we all lose in this country. the Nation’s cultural heritage. said to students in my State, or else- Why is the Federal leadership role By giving the majority of funds to where, when this issue comes up—I important? First, I happen to believe the States, by cutting out the so-called think almost every grade school stu- that Federal leadership allows better middleman here in Washington, you dent can tell you the name of the artist access to the arts for all Americans. It are not helping, necessarily, the local who painted the roof of the Sistine assures all Americans, regardless of in- artist, the local orchestra, or the local Chapel. But I defy anybody to tell you come or geography, that they will have theater. In many cases, I suggest that who the Pope was at that time, or to access to the arts. Grants allow quality you are actually hurting them. name the Emperor of Rome. We don’t orchestras and theater groups to travel The NEA is the keystone here. Once remember the political figures throughout the country. The NEA removed, I think we all lose. throughout history, but artists have helps communities with few resources Mr. President, the arts adds to our given us a definition, a signature, in to develop local talent through expo- culture, to our Nation and our econ- many cases, of a generation or a time. sure to operas, theaters, and orchestra omy. I believe it is time that we look Certainly, we have seen that in our groups. for a source of funding, in addition to country. Second, the NEA develops public-pri- Federal funds, to maintain the NEA’s We define our own heritage by lit- vate partnerships that work. NEA vital role. erature, art, and music. To have our grants, as I said a moment ago, help Our colleague from Alaska, Senator Government, in a sense, speak to that raise and leverage private dollars. Also, STEVENS, has a proposal—a sense-of- and try to provide guidance, assist- it is the prestige of an NEA grant that, the-Senate resolution—that we con- ance, and support for areas of the coun- on average, attracts money from other duct some extensive hearings in the try that would not otherwise get that public and private funding sources. coming Congress to look at ways in assistance, I think is something we There is no guarantee that these same which we might supplement the Fed- ought to build upon and perpetuate. We sources will risk supporting a festival eral funding for the NEA. It is time we build stadiums for sports with tax- or exhibit sponsored by an unknown do more to ensure the future viability payers’ money. These stadiums today State art council with no track record of the NEA and the NEH. can cost $100 or $115 million to house and without the stature of the NEA. In I am looking at a way in which we 30,000 or 40,000 people to watch a sport- essence, NEA grants raise money; might get beyond the debate, and cre- ing event. The entire budget we are block grants do not. ate a true endowment to supplement September 17, 1997 CONGRESSIONAL RECORD — SENATE S9491 federal funds. I suggest looking into an ity without knowledge of where the So, I urge that, rather than discard- innovative way to create this true en- money was going, who was spending it, ing in a sense de facto—that would be dowment. I propose tapping revenue who was receiving it. It is that kind of the result here—with all due respect from a copyright extension to fund this slipshod management that has put a the NEA, we ought to look at ways in true endowment. My idea is to extend, question mark over I think the future which the Senator might suggest how or rather to terminate the copyright of the NEA. And when we talk about we can improve the NEA’s performance period—whatever it may be, 50 70, or 90 funding for the arts, only 5 percent of rather than certainly suggesting its years—that there be a period of say 20 the Federal involvement in the arts at elimination. years after that period in which the the Federal level is the NEA. There are My colleague I see may have another Government would auction off these literally hundreds of billions of dollars question. copyrights. Individuals would bid on being spent at the Federal level in sup- Mr. HUTCHINSON. No. I was going to the copyrights. And the resources that port of various arts programs and other inquire of the Chair the amount of came in from the bids would support a agencies and departments. It is not a time left in this debate. national arts endowment, a true en- matter of pulling out the Federal role The PRESIDING OFFICER. The Sen- dowment. But this would allow one in arts. ator from Arkansas controls 2 minutes. generation of artists supporting future I would welcome the response. The Senator from Connecticut controls generations; in a sense, a true endow- Mr. DODD. If my colleague would 15 seconds. ment. give me a chance to respond to the Mr. DODD. Madam President, if I This is no endowment. I don’t know question, he raises the issue in the may, I still have the floor. why we call this a National Endow- committees. He is not just raising it Mr. GORTON. Will the Senator yield? ment for the Arts. It is not an endow- here on the floor. I would like for Members to have more ment. It is an appropriations that we First, let me—I should have men- time, if I may. have year in and year out. The idea of tioned these in my remarks—comment Mr. DODD. I yield for the purposes of a true endowment is not a perfect one here. I happen to believe that Jane Al- making a request. at all. But it would be a way of us get- exander has done a brilliant job at Mr. GORTON. Madam President, we ting away, if you will, from the con- NEA—a remarkable individual, truly a have until 7:30 before the vote. I think stant battle of appropriations to a way national treasure. I recall the specific it would be appropriate to ask unani- of having the arts in effect generate questions being raised about these is- mous consent that the time between revenues. sues. Certainly legitimate questions now and 7:30 be evenly divided between You may not get much immediately. should be raised about how well an the two sides with the last 4 minutes But I suspect with all the technology agency functions, whether or not we devoted to the opponents and pro- that is being developed—the preserva- are getting much for the dollar for the ponents using 2 minutes. tion, the ability to preserve works of purposes intended, or how much gets Mr. DODD. Reserving the right to ob- art and many art forms emerging—that consumed by administrative costs. I ject, I want to inquire of the leader- in the 21st century, long after all of us think that is a legitimate question ship. are gone, there might be a substantial raised in ways in which we make an I have no objection. amount of revenues that would be gen- agency function better. Certainly we The PRESIDING OFFICER. Without erated to support arts activities in the have seen this administration focus a objection, it is so ordered. country. great deal of its attention on so-called Mr. DODD. Madam President, I ask I raise the idea of a true endowment ‘‘reinvention of Government’’—trying unanimous consent that an article by as a mere suggestion and I hope the to streamline 180,000 fewer jobs at the Lewis Hyde that appeared in the Los Senate will look into the suggestion. It Federal level, and fewer pages of Fed- Angeles Times, a MacArthur Fellow is time to endow the NEA and the NEH eral regulations. I think we all applaud and Professor of Art and Politics at with a future and secure a national cul- that. Kenyon College, that talks about con- tural endowment for generations to I think it is a legitimate issue to cept and idea, that I mentioned in come. look to see how we can make this agen- terms of establishing a true endow- With that, I thank my colleagues for cy perform better so that the American ment, be printed in the RECORD. their patience in listening. But I know people will be the greater beneficiary, There being no objection, the mate- my colleague from Arkansas wanted to if you will, of the role of and the pur- rial was ordered to be printed in the raise a question. I would be glad to at pose of the NEA. But I would respect- RECORD, as follows: least try to respond. fully say to my colleague from Arkan- USE COPYRIGHT EXTENSION TO ENDOW Mr. HUTCHINSON. First, I commend sas, as legitimate as those questions CREATIVITY the Senator from Connecticut for his are, it seems to me that we ought not (By Lewis Hyde) creative and innovative ideas on how to try to eliminate in effect, through The mother lode of creative work from the we might truly have endowment of the either block grant or total elimination, early days of film and sound recording will arts. I hope that everyone understands a Federal agency that has played such soon begin to enter the public domain. This on both sides of this debate that there a critical role in giving national voice, potentially enormous wealth could be used as I said earlier, to the arts efforts, not to support the community of artists and is support for funding for the arts. The scholars from which it ultimately derives. issue is the National Endowment—the to mention regional aspects, and the But Congress is considering a bill that would so-called National Endowment for the like. My fear is that, of course, by essentially transfer the wealth from the pub- Arts. doing this through a block grant we lic domain to the pockets of private corpora- As I have listened to the proponents would achieve just that—rather than tions and individuals. It would be a serious of the NEA, I have heard glowing com- an appropriate examination of how we loss if the decision to give the money away mendations and glowing reports about can make the NEA work better, re- were not joined to the debate about how we arts in America. But what I have failed spond better, reduce its overhead costs support creativity. to hear anyone respond to—and the so that more of those dollars will actu- A 1994 proposal from Sen. Christopher J. Dodd (D-Conn.) lays out an ingenious way to question I would pose to the Senator ally reach the artists, the commu- use the value of past intellectual property to from Connecticut—is the very I think nities, and the artistic efforts that we support artists and scholars working today. deplorable record that the NEA has es- all would like to see happen. That is The ‘‘Arts Endowing the Arts Act’’ would tablished, both in its administrative my concern here. We seem to be saying add 20 years to the term of copyright protec- costs and over 18 cents on the dollar, that no matter what you try to do, tion and use the income from those extra by a nickel more per dollar, than the there is nothing that could be done years to underwrite current creative work. National Endowment for the Human- here—that there is no way whatsoever At present, U.S. copyright protects an in- to make this agency work better. I be- dividual’s work for his or her lifetime, plus ities, or other Federal agencies. 50 years; corporations with works ‘‘made for The inspector general, who, in con- lieve there are ways. I think Jane Alex- hire’’ hold rights for 75 years. Under Dodd’s ducting his grantee audits from 1991 to ander has certainly demonstrated that proposal, at the end of each of these terms, 1996, found that absolutely deplorable over the last several years under her the rights to an additional 20 years would be record of audits, a lack of accountabil- leadership. publicly auctioned, the proceeds going to S9492 CONGRESSIONAL RECORD — SENATE September 17, 1997 build an endowment dedicated to the arts that the Senator from Arkansas has troversial performances that people do and humanities. identified before the committee today. not like, that offend them, we can Sen. Orrin Hatch (R-Utah) is sponsoring a So that the suggestions that are focus on that if we want, but why not bill that would similarly extend the term of being made are ones that we think focus as well on the over 100,000 grants copyright for 10 years, but the proceeds of ought to be made a part of making this windfall would go to current rights hold- that have enriched our society, have ers. Supporters of Hatch’s bill point out that NEA perform better. That is a legiti- brought a great wealth to this Nation, the European Union has directed its member mate function of a congressional com- opportunities to people in areas of this states to unify their terms of copyright at mittee—to examine all of our agencies Nation that never would have had that ‘‘life plus 70 years,’’ and they contend that to determine how they can function benefit. many benefits would follow if we did the better. We did that pretty overwhelm- My hope is that when our colleagues same, chief among them an increase in the ingly in the committee. vote on this particular amendment, U.S. balance of trade. They also contend that I commend my colleague for the they will be mindful of that contribu- many countries follow ‘‘the rule of the short- amendment and the suggestion that er term’’ when foreign and local laws differ; tion, of this great success and of the thus, if the U.S. term is shorter, Americans codified those ideas. great fortune we have as a Nation to would forfeit income they might otherwise Second, Mr. President, administra- have someone of Jane Alexander’s have earned abroad. tive costs were lower at the agency abilities and background and qualities None of these arguments holds up under when, frankly, the appropriations were to help lead this agency, as sensitive as scrutiny. The arithmetic doesn’t make sense, higher. You shrink a budget down and, she is, listening to the concerns of any for one thing. Corporations owning made-for- of course, if you are trying to maintain Member who cares to have her time in hire works currently hold copyrights for 75 a programmatic level, what can happen how to make this agency work better. years; under Hatch’s bill, the term would run is you find your percentage costs rise I hope we would keep that in mind as 95 years, a welcome change for ASCAP and with the shrinkage of dollars, so that the Motion Picture Assn, but not one that we cast our votes, so future genera- brings U.S. law into harmony with European more and more of it gets eaten up in tions look back on this time and say law. To do that would mean reducing the administration. When we actually ap- that in this Congress at the close of the work-for-hire term by five years, not adding propriated more for the NEA, those ad- 20th century the Senate insisted, a ma- 20 to it. ministrative costs were a lower per- jority of us here, to keep the National As for gains in the balance of payments or centage of the overall budget. Audit Endowment for the Arts, to prepare for losses under the ‘‘rule of the shorter term,’’ findings were from a group of grants the 21st century and to leave a legacy we should remember that Europeans are not recommended by the staff of the NEA of riches, of cultural riches. We lose the only consumers who would pay for this for audit because of concerns about the change. The bulk of the cost of this cor- that, Mr. President, if we abandon this porate handout would be borne by U.S. citi- grant administration, and they were agency and turn this into a block zens, who would be obliged to continue pay- not randomly selected, I might point grant. ing royalties for works that would have oth- out as well. Mr. President, I yield the floor. erwise become common property. At any rate, Mr. President, just to Mr. SESSIONS addressed the Chair. Since its beginnings in the 18th century, make the final point on this from my The PRESIDING OFFICER (Mr. U.S. copyright law has sought to balance pri- perspective here, I think we ought to BROWNBACK). Who yields time to the vate gain and public good. If Congress now be celebrating the success of the agen- Senator from Alabama? wants to change the terms of copyright, the cy. To have had 100,000 grants in 30 Mr. HUTCHINSON addressed the crucial question to ask is not whether it years with 40 controversial ones, I defy would be harmonious with Europe’s, but Chair. whether the constitutional mandate to bal- any other Federal agency to have a The PRESIDING OFFICER. The Sen- ance private and public good would be track record even remotely close to ator from Arkansas. upheld. The beauty of the Dodd proposal is that record. Any other agency that Mr. HUTCHINSON. I yield such time that it not only addresses issues set in mo- provides grants to anyone, where they as he might consume to the Senator tion by Europe’s longer term, but it does so have had only 40 that fall into the cat- from Alabama. without any theft from the public side of the egory of controversial, that is a re- The PRESIDING OFFICER. The Sen- scale. It adds a middle term between public markable record and one I think we ator from Alabama is recognized. The and private, a transition period during which ought to applaud. We ought to be cele- Senator from Arkansas controls 8 min- we designate as ‘‘the public’’ that commu- nity of artists and scholars whose calling al- brating the National Endowment for utes 20 seconds. ready makes them the initial heirs of our the Arts and its contribution to our Mr. SESSIONS. I say to the eloquent cultural patrimony. country and what it has stimulated, Senator from Connecticut, to talk It would be best if the income from such a what it has brought to enrich our her- about retreating from the arts, this is plan went to build endowments for the Na- itage, our culture, our time. not the appropriate argument here. We tional Endowment for the Arts and the Na- Someone was pointing out to me ear- are talking about spending more tional Endowment for the Humanities so lier today there was a great debate in money directly for the arts. they might eventually be free of their reli- the Congress over whether or not we As he was talking, I did a quick look ance on congressional funding. For many at how the State of Connecticut would years, supporters of the arts have sought ought to accept the library of Thomas some way in which the arts and humanities Jefferson when he offered it to the fair under a block grant program, and might benefit from their own streams of United States. Of course, the successor they would go from $1,265,000 to wealth, rather than having to go begging for of that it is the Library of Congress, $1,392,000, actually increase $128,000 in tax dollars. The American creative commu- but it was the Jefferson library that real moneys they can use for arts in nity already has riches and income. It needs was offered. The debate was a raging the State of Connecticut. But I would only institutions designed to translate some debate, and some suggested we only also add, Connecticut is one of the of that wealth into support for those who ought to accept the Jefferson library if wealthiest States, I think perhaps the labor today to create the cultural riches that wealthiest State in America. It is a will be passed on tomorrow. we extracted from it any books which By extending copyright to help build the spoke about atheism or other questions State with a great tradition of arts, endowments, Congress can create such an in- which were not mainstream or popular but I notice they received 28 grants stitution. If, on the other hand, it extends or certainly rejected the values of our last year totaling $1,059,000—28 grants, copyright with no regard for the public do- society as a whole. It was a relatively $1,059,000. Under our plan they would main, it will have done little more than close vote, but that idea was rejected receive more money than that. sponsor a remarkable theft. and we bought the entire Jefferson li- But let me tell you, I represent the Mr. DODD. Second, I will conclude brary. Today, I think our Library of people of the State of Alabama, and I my remarks so others may have a Congress and the contribution that have had three groups representing or- chance to speak on this issue. In the Thomas Jefferson made is something chestras in my State in my office. I reauthorization bill, which passed 14 to all of us applaud. know of the great Shakespeare theater 4 by the Labor and Human Resources We might find it even somewhat in Montgomery. I am aware of the Committee, we adopted an amendment amusing today to have heard there was opera and museums in Mobile. We have by our colleague that codifies the in- that kind of debate. I would suggest a great history of arts, too, but we re- spector general’s recommendations today that even with these highly con- ceived only 11—not 28. We received 11 September 17, 1997 CONGRESSIONAL RECORD — SENATE S9493 grants at only $540,000, even though we lows are from a wide variety of dis- for this small, but worthy, Federal pro- have more people in the State of Ala- ciplines of the folk and traditional gram. bama paying taxes to this country arts. Among the honorees this year are Mrs. MURRAY. Mr. President, the than they do in the State of Connecti- bluegrass musicians Jim and Jesse following is an article written by Met- cut. McReynolds of Tennessee; Gladys ropolitan King County Councilman One of the real problems with this LeBlanc Clark who is a Cajun weaver Larry Philips of the fourth district and program is it has not allocated the from Louisiana; blacksmith Francis Metropolitan King County Council- money fairly. How can I support a pro- Whitaker from Carbondale, CO; woman Louise Miller of the third dis- gram that takes money from taxpayers Hystercine Rankin, a quilter from trict. I ask unanimous consent that the in Alabama to support the wealthiest Lorman, MS; and Ramon Jose Lopex, a article be printed in the RECORD. States in art endeavors when we have metalsmith from Santa Fe, NM. There being no objection, the article art endeavors we are striving every day These honorees will be honored next was ordered to be printed in the to enhance and improve? week at a White House ceremony and RECORD, as follows: Bureaucracies have never created will perform and celebrate their work. CONGRESS SHOULD EMBRACE INVESTMENT IN art. Nothing of beauty has come out of The National Heritage Fellowships are ARTS, CULTURE a committee. It takes the intelligence the Nation’s most prestigious recogni- (By Louise Miller and Larry Phillips) and genius of individual citizens to do tion of accomplishment in the folk and ‘‘Democracy demands wisdom and vision in it. So I say it is the wrong approach to traditional arts. And it is an NEA pro- its citizens and * * * must therefore foster think that we can send money to Wash- gram. and support a form of education, and access ington, DC, and that they can somehow Another traditional program that to the arts and the humanities, designed to decide how to nourish art. That is not owes early and critical support to the make people of all backgrounds * * * mas- the way it is going to happen. Let us NEA is the Cowboy Poets Festival. In ters of their technology and not its unthink- put that money out into the States, to the early 1980’s Elko, NV, was chosen ing servant.’’—The Declaration of Purpose for the National Foundation of the Arts and the arts councils of the States, and let as the site for the Western Folklife Humanities Act of 1965. them look at how they can contribute Center. It was established in the center With the establishment of the National En- the money to those budding artists of the ranching community to cele- dowment for the Arts (NEA) in 1965, our who need money, to those orchestras brate its culture and folk traditions. country has come a long way in achieving that need just that extra amount to They approached the NEA for sup- the ideal of access to and participation in keep their doors open, to assist those port when corporate sponsors and other the arts for all Americans. Today, that ideal communities that are working hard to funders were hard to come by. With is under attack. raise money to preserve folk art. NEA support in 1985, the first cowboys There has been a movement in Congress to That is what we ought to be doing. I eliminate all public investment in the cul- festival got underway, with about 60 tural activities of our nation, specifically, by do not think there is any doubt about poets and approximately 1,000 audience targeting the NEA. Although funding for the it. This is as clear a vote as I have ever members. NEA was recently restored by a Senate sub- seen in this Senate. The choice is clear. Today, corporate supporters join the committee after it had been eliminated by Do we send money to Washington to NEA to support the festival and the the House, the agency’s future remains un- allow them to mismanage it and a bu- center and this year’s festival wel- certain. In September, a joint committee of reaucracy to use almost 20 percent or comed 8,000 attendees. House and Senate members will negotiate do we send this money out to the arts Support for the folk and traditional the fate of the NEA and the investment we councils around this Nation so they arts continues at the Arts Endowment. make in our arts and cultural heritage. Is the U.S. to be the only Western nation on can use it to improve the operas and This year the Endowment has funded earth not to fund its cultural legacy? orchestras and museums of our States the Southern Arts Federation’s As elected leaders in King County, we firm- throughout our Nation? That is what ‘‘Southern Connections,’’ which is a 2- ly believe that the NEA is a critical invest- we ought to do. year training and touring program to ment that helps keep the arts alive and ac- Mr. President, I yield the floor. support indigenous southern artists. cessible for all residents in our nation and, Mr. KENNEDY. Mr. President, the The Endowment also supported the closer to home, in King County. Why is the National Endowment for the Arts has West Virginia Folk Arts Apprentice- NEA so important? With the NEA’s support, been accused of elistism. But the true ship program; the Creative Arts Guild the King County Arts Commission (KCAC) was created in 1967—the nation’s first county record of the Endowment is far dif- of Dalton, GA; and the Alabama arts commission. Since then, an entire ‘‘cul- ferent. It is a record of diversity, excel- Folklife Association. The grant to Ala- tural sector’’ has burgeoned in our region, lence, and outreach. bama will support the publication of stimulating a stronger economy, enriching The Endowment has been supportive documentation of primitive Baptist our quality of life and enhancing education of national efforts of the Country hymn singing through a publication, in the arts. Music Foundation. The Endowment cassette recordings, and compact discs. Vital arts organizations and active partici- supported their commission of the The Endowment also funded pation in the arts are increasingly essential Thomas Hart Benton famous last Appalshop, Inc., Roadside Theater in to our regional economy. Not only do the painting ‘‘Sources of Country Music’’ Whitesburg, KY. This grant will work arts contribute to our quality of life in the Northwest, but they also generate over $180 through its Art in Public Places Pro- with the theater and a consortium of million annually to our economy, according gram. The painting is on display, it has the Performing Arts League/Prairie to a Corporate Council on the Arts 1992 eco- traveled the Southeast, and has been Mountain Players of Choteau, MT, and nomic impact study. In addition, cultural exhibited in a vast array of venues Community Connection of Austin, TX, tourism means big business to our area. from the Hirshhorn Museum to the caf- to develop, test, and document a na- When the Seattle Opera presents Wagner’s eteria of the Nissan Plant in Nashville, tionally applicable model for the cre- Ring Cycle, it attracts an audience from all TN. ation of rural drama. 50 states and 18 countries. Another grant in the late 1970’s cata- I hope that, as we debate the appro- Opponents of the NEA state that the arts should be funded exclusively through private lyzed fundraising for a major country priate funding level for the National contributions. This demonstrates a lack of music discography of the early 78 rpm Endowment for the Arts, we can be fair understanding about arts funding. Many pri- recordings from 1922 through the 1940’s. about its record, and responsive to the vate organizations will not make a financial The project is just being completed overwhelming need across America for donation to an artist or arts organization today. the programs that the Endowment sup- unless they have also received grant funding Again, in the 1980’s, the NEA sup- ports. from the NEA or their state or local arts ported an educational kit entitled In many ways, in so many commu- agency. Donations by private corporations, ‘‘Tennessee Traditions’’ distributed to nities, the NEA is a lifeline of financial foundations and individuals cannot fill the financial gap that would be created if the every public school in Tennessee. One stability. NEA were eliminated. In other words, the of the components of the kit was a folk I urge my colleagues to oppose the small percentage of funds contributed by the music tape. seemingly relentless attacks of the NEA and public agencies is essential in order Each year the Arts Endowment hon- critics and support the record of the for nonprofit arts organizations to leverage ors National Heritage Fellows. The fel- Endowment. Let’s support full funding donations from private sources. S9494 CONGRESSIONAL RECORD — SENATE September 17, 1997 Critics of the NEA have questioned the amendment. Today we are debating tional Endowment, not just for aes- value of the artwork that has received NEA two amendments that would also do thetic reasons but for good, solid eco- funds. Let’s look at the real picture. In the great damage to the National Endow- nomic reasons. And by eliminating the last three years, over 40 local and regional ment for the Arts. National Endowment, or by block arts organizations have received $3.1 million I come to this position with I think a in direct NEA grants (equal to about 1 per- granting its funds, we will, I think, dis- cent of their combined operating budgets). very special standing because I have sipate that energy, that enthusiasm, Who are these organizations? They range succeeded Senator Claiborne Pell, who and that achievement we have seen from major ones like the Seattle Symphony, was one of the architects of the Na- today. the Seattle Opera and the Seattle Repertory tional Endowment for the Arts. Sen- The arts are not only a source of Theater, so suburban groups like the Village ator Pell recognized that centuries pleasure, but in many cases a source of Theater in Issaquah and the Vashon Allied from now this Nation would be recog- great economic progress, particularly Arts, to youth-centered organizations in- nized far more for its contribution to in my home State of Rhode Island. So, cluding the Seattle Youth Symphony Or- the human spirit than perhaps any- chestra, the Northwest Girlchoir and Seattle for many, many reasons, I believe that Children’s Theater. thing else. And through his efforts, the these amendments, while well inten- These organizations reflect the rich diver- National Endowment was created and tioned, will undercut what is a strong sity of our community and the best work of through the efforts of the National En- national policy to support the arts. our finest artists. More importantly, the dowment theater, ballet, and opera has The PRESIDING OFFICER. The time grant funding helps ensure that the arts— spread throughout this country. of the Senator has expired. The Sen- and all the enrichment and joy that they One of the fallacies I think that is ator from Arkansas. bring—are affordable for the families and found in the argument of my col- Mr. HUTCHINSON. May I inquire young people of our region. A requirement leagues is that the States are quite ca- how much time opponents of the for an arts organization that receives grant funding is to broaden public access to the pable of doing this, they are ready to amendment have remaining? arts. That may be in the form of reduced do this. But the reality is that before The PRESIDING OFFICER. The time ticket prices or special performances for the National Endowment for the Arts of the opponents has expired. The pro- school groups. there was not much art throughout ponents control 4 minutes 45 seconds. Another good example of local NEA sup- many parts of this country, that there Mr. HUTCHINSON. Mr. President, I port is this year’s inaugural season of the were not as there is today opera com- will take just a few minutes that we King County Performance Network, a col- panies throughout America and theater have remaining to respond to some of laboration between the KCAC and 14 subur- companies. In fact, if the National En- the statements made by the opponents ban arts agencies. A $60,000 grant from the of the amendment. I remind Senator NEA to the KCAC will help bring outstand- dowment for the Arts is eliminated, if ing dance ensembles to under-served subur- this is put into a block grant, I fear, REED, incidentally, the State of Rhode ban communities from Redmond to Federal and I think I fear with very, very good Island would gain $123,000 in additional Way beginning Sept. 6. The Performance evidence, that what will happen is a funds for arts spending in Rhode Island Network is a good example of the vast ma- shriveling of the arts in America. under the block grant amendment that jority of projects supported by the NEA: It Many of us have been in State gov- Senator SESSIONS and myself have of- brings art into the lives of those who may ernment. We know that there is no mo- fered. I remind each Senator that they not otherwise have the opportunity. nopoly on great wisdom or aesthetic can check on their desks here in the The success of the arts in our region is the sensibility at the State level, no more Senate Chamber exactly how much, result of a strong partnership among the NEA, more than two dozen local govern- so than at the Federal level. We know but 45 States will receive more funds ments and nonprofit arts agencies, hundreds that this money might be ill used. But under this amendment to support the of businesses and foundations, and thousands we also know that it will be subject to arts within their own States. of private citizens. Thanks to this partner- a much more narrower and parochial I was interested that Senator REED ship, King County residents enjoy one of the focus. We have within the National En- spoke of the shriveling of the arts. If highest cultural participation rates per cap- dowment a national vision, a national we take this pittance, this relative pit- ita in the nation. With the full participation vision, though, that acts through local tance, in view of the Federal budget, of of the NEA, that partnership is threatened, individuals, and that is what is critical $100 million and we remove that Na- and the rich cultural environment of our na- tional Endowment funding, that na- tion and King County will be severely under- also. mined. The National Endowment is not run- tional entity, that somehow the arts in As we celebrate 30 years of public support ning a great national theater here in this country would begin to shrivel. I of the arts, we strongly believe that public Washington exclusively. But what it is think, in all due respect, the Senator investment for culture and the arts should doing is reaching into every corner of from Rhode Island underestimates the be strengthened and valued. The partnership America and giving people an oppor- American people, underestimates the we have enjoyed for nearly a generation tunity to appreciate and participate in arts community in the United States, should be preserved so that today’s and to- the arts. In my home State of Rhode and underestimates how much the arts morrow’s citizens may enjoy the cultural Island, we have theater companies that flourish today without a huge injection heritage and traditions of our region and our nation. As we look toward the future, the are supported by the NEA. We have of Federal funds. county pledges to continue its mission to educational programs that allow young As an example, the Metropolitan raise the standard of artistic accomplish- children to witness the arts. Indeed, Opera, which has a total income of $133 ment in King County and to broaden cultural the first time I ever saw a play was as million, the Lyric Opera, which has an opportunities for all our citizens, not merely a grammar school student in Cranston, annual income of $37 million, the Bos- those who can afford it. Congress should do RI, when I went to see the Trinity Rep- ton Symphony, which has an annual in- the same. ertory Company, supported by the Na- come of $43 million, and the Art Insti- Mr. REED addressed the Chair. tional Endowment, by Federal support, tute of Chicago, which has an annual The PRESIDING OFFICER. Who put on ‘‘Saint Joan’’ by George Ber- income of $96 million—all of them re- yields time? nard Shaw. That was a moving experi- ceiving NEA grants. Most of these Mr. REED. Mr. President, I will yield ence. And that experience is replicated wealthy organizations experienced sig- myself such time as is controlled by every day throughout this country be- nificant cuts in NEA funding in the the opponents of the amendment. cause of the National Endowment. last 2 years. Yet, in spite of those cuts The PRESIDING OFFICER. There is In addition to contributing to the ar- in NEA funding, each one reported dra- 3 minutes and 40 seconds controlled by tistic quality of America, this agency matic increases in total income in 1996. those in opposition. The Senator from has generated tremendous economic The point being that even as funding Rhode Island is recognized for such development and progress throughout cuts in the NEA have occurred, arts in time. the country. In my own State, its con- this country have continued to flour- Mr. REED. I thank the Chair. tribution to the arts has been multi- ish. I rise in strong support of the arts. plied in terms of the economic effect. But I will tell you what is offensive Earlier this afternoon, we were able to Providence, particularly, has become a to me. What is offensive to me is that fend off a frontal asault on the Na- city that is proud of our arts, that has the Metropolitan Opera is getting an tional Endowment by the Ashcroft thriving companies that need the Na- NEA grant. What is offensive to me is September 17, 1997 CONGRESSIONAL RECORD — SENATE S9495 the Boston Symphony, with a $43 mil- endowed, they have good support and The clerk will call the roll. lion income, is getting an NEA grant, good sources of income and the depend- The legislative clerk called the roll. while the Opera Theater in Wildwood, ence upon any kind of NEA grant, I Mr. GRAMM. I announce that the in Little Rock, AR, got $4,000. The mis- think, is simply not justifiable. If you Senator from Arizona [Mr. MCCAIN], is sion of the NEA was to broadly in- are looking at the Boston Symphony, necessarily absent. crease access to the arts. That is not the Art Institute of Chicago, with the The result was announced, yeas 26, what is happening. Mr. President, 85 kind of support base that they have, nays 73, as follows: percent of the grantees in the last fis- and compare them— [Rollcall Vote No. 244 Leg.] AMENDMENT NO. 1206 cal year have been previous recipients YEAS—26 of NEA funds. That is not increasing The PRESIDING OFFICER. All time Abraham Gramm McConnell access to the arts. has expired on this amendment. Allard Grams Nickles So I suggest that, if we really care We will now proceed with amendment Ashcroft Hagel Roberts about the arts, removing the Washing- No. 1206, the Abraham amendment. By Brownback Helms Sessions ton bureaucracy, sending the money to previous agreed-upon order, there will Coats Hutchinson Shelby Coverdell Inhofe Smith (NH) the States, allowing those closest to be 2 minutes of debate equally divided Enzi Kyl Thompson the people to make those decisions, between the sides. Who seeks recogni- Faircloth Lott Thurmond will be far wiser and far more produc- tion? The Senator from Michigan. Frist Mack tive for arts in this country. Mr. ABRAHAM. Mr. President, I will NAYS—73 quickly summarize. My amendment is I have raised great issues as to the Akaka Durbin Lieberman priorities of the National Endowment, designed to accomplish two things: To Baucus Feingold Lugar the decisions they are making. The begin an effort to privatize the NEA so Bennett Feinstein Mikulski State of Arkansas—you know, I heard it can be as large as it wants to be and Biden Ford Moseley-Braun as liberated from the strings which Bingaman Glenn Moynihan Senator DODD. I have the greatest re- Bond Gorton Murkowski spect for him. Congress has attached to it as it wants Boxer Graham Murray Mr. REED. Will the Senator yield? to be. I believe this is feasible and I Breaux Grassley Reed think it would take away from us, fi- Bryan Gregg Reid Mr. HUTCHINSON. I will be glad to Bumpers Harkin Robb yield, but let me finish my point. I nally and once and for all, this ongoing Burns Hatch Rockefeller have the greatest respect for Senator debate between obscenity and censor- Byrd Hollings Roth DODD, but he spoke of, ‘‘Let’s not con- ship. Let the arts be free and creative Campbell Hutchison Santorum and at the discretion of an independent Chafee Inouye Sarbanes centrate on the few bad grants, let’s Cleland Jeffords Smith (OR) concentrate on the 100,000 good entity. At the same time, my amend- Cochran Johnson Snowe grants.’’ When he said that, I thought ment would provide new funding to try Collins Kempthorne Specter about Arkansas, because we got one to maintain and restore such treasures Conrad Kennedy Stevens as the Star Spangled Banner, the Craig Kerrey Thomas last year. We made 12 applications and D’Amato Kerry Torricelli we received 1, for the Arts Council in works of our great composers, Presi- Daschle Kohl Warner Arkansas. dential papers, Ellis Island, and Mount DeWine Landrieu Wellstone So I have great questions about the Rushmore. Dodd Lautenberg Wyden By moving in this direction, if my Domenici Leahy priorities. In Arkansas, the NEA spent Dorgan Levin amendment passes, I will be offering a 17 cents for every man, woman and NOT VOTING—1 child in Arkansas; 17 cents. In New sense-of-the-Senate amendment which McCain York State the NEA spent $1 for every would incorporate the privatization man, woman and child in New York concept, and then begin working on a The amendment (No. 1206) was re- State. variety of mechanisms by which I be- jected. I’m sorry, everybody says, ‘‘Give the lieve we in Congress can legislatively Mr. GORTON. Mr. President, I move NEA a chance.’’ We have given them assist a private entity to thrive and be to reconsider the vote. chance after chance after chance. Year successful. Mr. CHAFEE. I move to lay it on the The PRESIDING OFFICER. The Sen- after year these objections and these table. ator from Rhode Island. concerns have been raised. We see no The motion to lay the amendment on Mr. REED. Mr. President, the Na- reform. We see no change. Instead we the table was agreed to. tional Endowment for the Arts has see arrogant elitism. And I say it is Mr. GORTON. I suggest the absence served this Nation well for many, many time to end the NEA. Don’t end sup- of a quorum. years. There are things that we can do port for the arts—no. But end this The PRESIDING OFFICER. The to improve its performance, but the Washington bureaucracy, send that clerk will call the roll. wholesale scuttling of the National En- money back so Rhode Island will have The assistant legislative clerk pro- dowment would, I think, be a mistake. another $123,000, so Arkansas will have ceeded to call. I believe that we can make improve- another $700,000, so Alabama him have Mr. LOTT. I ask unanimous consent ments but we cannot give up the vision another half-million dollars, so the that the order for the quorum call be of a national agency which reaches States all over this country can do rescinded. into every corner of this country to en- more for those artists, for those school- The PRESIDING OFFICER. Without courage and inspire the artistic excel- children who, too often, fall through objection, it is so ordered. lence of the American people. By sup- the cracks. Mr. LOTT. In just a few minutes I porting the NEA, we can accomplish I believe that the amendment that will propound a unanimous-consent re- that. I believe these amendments we have offered makes eminent com- quest. I had hoped we would be able to would disrupt that support, and, there- mon sense. finish the interior appropriations bill fore, I oppose them and request that I will be glad to yield to the Senator by tonight. We have not been able to do my colleagues oppose them. from Rhode Island. so because of a number of conflicts and I yield back my time. amendments that have been offered. Mr. REED. I would say you have trot- The PRESIDING OFFICER. All time Senator DASCHLE and I have tried to ted out some impressive statistics has expired. about income as a measure of the Mr. ABRAHAM. Mr. President, I ask move it along and we have not been wealth of these artistic enterprises like for the yeas and nays. able to do so yet. I understand that the Metropolitan, but the other side of The PRESIDING OFFICER. Is there a Senators still have some amendments the equation is their cost. Many of sufficient second? they would like to offer. We have one these institutions, even the famous There is a sufficient second. more vote pending tonight which has ones, find it very difficult to make ends The yeas and nays were ordered. already been called for. meet. The PRESIDING OFFICER. The I believe the next amendment then Mr. HUTCHINSON. Reclaiming my question is on agreeing to the amend- would be the Hutchinson amendment. I time, I will just say, if you check each ment, No. 1206. The yeas and nays have will ask unanimous consent that we one of these institutions, they are well been ordered. have a time limit of about 20 minutes, S9496 CONGRESSIONAL RECORD — SENATE September 17, 1997 and that we do that vote at 9:30 in the Who yields time? Smith (OR) Stevens Wellstone Snowe Torricelli Wyden morning. I will also ask that we get a Mr. HUTCHINSON. Mr. President, I Specter Warner list of amendments tonight to see what thank Senator SESSIONS, Senator NOT VOTING—1 we are dealing with, to begin to close ASHCROFT, and Senator ABRAHAM for this out. I don’t think we have that their work on behalf of this amend- McCain many problems, but because of the ment. It does not change the appropria- The amendment (No. 1187) was re- length of time that we have put into tions for the arts; it is $100 million, jected. the amendments we have already voted block granted to the States. There is a AMENDMENT NO. 1204 on, a number of Senators would like to chart down in the well. Everybody has Mr. BROWNBACK. Mr. President, I see this list and work through it in the seen what their State will do. Forty- call up amendment No. 1204. morning. five States will have more resources The PRESIDING OFFICER. Amend- Again, I hope we can work together for arts funding under this amendment. ment No. 1204 is before the Senate. to get it done. We could have as many The National Endowment has simply Mr. BROWNBACK. Mr. President, as five votes tonight—could have. You failed on their mission to broaden pub- this is an amendment that basically know, one of these days we may have lic access to the arts. One-third of the seeks to preserve tribal Indian land as to do that. But in view of the cir- congressional districts in this country a cemetery and burial ground in Kan- cumstances, since we seem to be con- get zero from the National Endowment sas City, KA. It is a very contentious tributing to some of the problems, and for the Arts. One-third of the funding issue there. But this is and has been an everybody has tried to work in good of the NEA goes to six cities. This is Indian burial ground since 1855. There faith, I think the better part of valor unfair. are plans to put a casino on it now. tonight would be to have this one last The issue is simply local control. The This is being contested. But clearly the vote and get the UC, and we would issue is more resources for art. I ask land should remain a tribal ancestral begin votes again in the morning. Is my fellow Senators to say ‘‘yes’’ to land. We put forth this amendment to there any comment on that from the more resources for art and to say ‘‘no’’ do that. minority leader? to Washington bureaucrats and support I believe we have consent from all Mr. DASCHLE. Mr. President, I ap- this amendment. It means more money sides and all parties for this amend- preciate the majority leader’s consider- for your States to help on those local ment to be agreed to. ation of schedules. I do hope that all I would like to yield to the Senator Senators will cooperate. We have had arts projects. from Colorado for a brief statement in good debate on the NEA and I hope we Mr. President, I ask for the yeas and that regard. can get it behind us. We have a lot of nays. The PRESIDING OFFICER. The Sen- other issues and they all deserve some The PRESIDING OFFICER. Is there a sufficient second? ator from Colorado. consideration. Mr. CAMPBELL. Mr. President, I hope we can create a finite list to- There is a sufficient second? thank you. night and reach some agreement about The yeas and nays were ordered. Mr. President, I appreciate the time, what that list is so that we can com- The PRESIDING OFFICER. Who and my colleague from Kansas allowing plete our work, hopefully, tomorrow. yields time in opposition? Is all time me to speak to this a little bit today. So I ask for the cooperation of all of yielded back? Yesterday, we had a very extended our colleagues on my side of the aisle All time is yielded back. debate here on the floor of the Senate, in an effort to get that finite list so we The question is on agreeing to the and several of us took the opportunity can continue our work and, hopefully, amendment. to address this Nation’s shameful his- complete it by the end of the day to- The clerk will call the roll. tory in its dealings with American In- morrow. The legislative clerk called the roll. dians. One of the areas that is the most UNANIMOUS-CONSENT AGREEMENT Mr. GRAMM. I announce that the shameful is the history of failing to Mr. LOTT. Mr. President, I ask unan- Senator from Arizona [Mr. MCCAIN] is abide by its treaties and agreements imous consent that, following the necessarily absent. with native tribes. amendment remaining to be voted on, The PRESIDING OFFICER. Are there This country, as you know, Mr. the next amendment in order to the In- any other Senators in the Chamber de- President, coming from a State that terior appropriations bill be the Hutch- siring to vote? has so many Indian tribes, has had very inson amendment, and that the vote on The result was announced—yeas 37, little respect for the lands and rights of that would occur at—we would begin nays 62, as follows: aboriginal people, including the rights debate at 9:30 in the morning with 20 [Rollcall Vote No. 245 Leg.] of the Wyandotte Tribe in question minutes, equally divided, before the YEAS—37 today. vote. Abraham Frist Mack For example, in 1966 the Congress en- The PRESIDING OFFICER. Without Allard Gramm Murkowski objection, it is so ordered. Ashcroft Grassley Nickles acted a law requiring the Wyandotte Mr. LOTT. I further ask unanimous Breaux Hagel Robb cemetery be transferred and sold. That Brownback Helms Roberts law is still on the books, fortunately. consent that, following the amend- Burns Hutchinson Santorum ments, we have a list that would be the Coats Hutchison Sessions The tribe, however, opposed the action only remaining amendments in order Coverdell Inhofe Shelby and the cemetery was not sold. In this to the Interior appropriations bill, and Craig Kempthorne Smith (NH) respect, the tribe was seeking to pre- DeWine Kyl Thomas serve its burial site, culture, and his- that they be offered in the first or sec- Enzi Lott Thompson ond degree on this list. Faircloth Lugar Thurmond tory at a time when the United States The PRESIDING OFFICER. Without was ignoring the tribe’s rights. NAYS—62 objection, it is so ordered. Frankly, Mr. President, being the Mr. LOTT. Mr. President, in light of Akaka Dodd Kennedy chairman of the Committee on Indian Baucus Domenici Kerrey that somewhat haphazard unanimous Bennett Dorgan Kerry Affairs, I find nothing more distasteful consent request, there will be no fur- Biden Durbin Kohl to me than to referee intertribal fights. ther votes tonight. Members are urged Bingaman Feingold Landrieu Those disagreements often pit family Bond Feinstein Lautenberg against family, brother against broth- to get their amendments offered. We Boxer Ford Leahy will begin voting at 9:30 a.m. Bryan Glenn Levin er, sister against sister. But I feel com- I yield the floor. Bumpers Gorton Lieberman pelled to speak out in support of the AMENDMENT NO. 1187 Byrd Graham Mikulski Brownback amendment today. Campbell Grams Moseley-Braun The PRESIDING OFFICER. Under Chafee Gregg Moynihan Let me try and ferret through this as the previous order, there will be 2 min- Cleland Harkin Murray I understand it. We have two tribes utes of debate, equally divided, on Cochran Hatch Reed linked by culture, linked by history, amendment No. 1187, the Hutchinson Collins Hollings Reid linked genetically, probably linguis- Conrad Inouye Rockefeller amendment, which had been previously D’Amato Jeffords Roth tically, too. The Oklahoma Wyandottes agreed to. Daschle Johnson Sarbanes have trust title, although this is being September 17, 1997 CONGRESSIONAL RECORD — SENATE S9497 contested as I understand in Federal Congress, whether it is the 106th, the We could be apprised of what legal li- court and also being dealt with in the 108th or whatever, feels it should re- abilities may flow from the proposed Department of the Interior. verse that because of something we amendment. The focal point is a cemetery. The In- don’t know and do it by legislative ac- The Wyandotte Tribe of Oklahoma dians that have control of the ceme- tion, then that’s the way it should be can be afforded the due process of law tery, i.e., they have kept it up and done. which our Constitution guarantees to taken care of it, are the Kansas Wyan- Now, they tell me that the Wyan- all Americans, before the Senate of the dottes. This cemetery, as Senator dottes of Oklahoma were only informed United States decides to dictate to this BROWNBACK has said, has been a burial as late as last week of the Brownback tribe, the manner in which it can use place for predominantly Indians ever amendment, but by the same token its property. since 1855, 140 years. many supporters of the Brownback Mr. President, I would be remiss if I Now, the Oklahoma Wyandottes want amendment didn’t know of the original were to fail to seize this opportunity to to build a casino on this cemetery. language in this bill until the last cou- suggest that were we to adopt this That in itself is very interesting to me, ple of days. So I think they are on a amendment without the benefit of any Mr. President, because those of us who level playing field from that stand- hearings or any assessment of its im- live on reservations, who come from In- point. pact—both as a legal matter and as a dian country, we have known literally With that, Mr. President, I simply matter of policy—we will be establish- since childhood the reverence, the feel- say I hope my colleagues would support ing a precedent that we ought to think ing that Indians have about burial the Brownback amendment. I yield the very carefully about. places. Most of the time, regardless of floor. I thank you. Are we going to vest ourselves with years, they don’t call them cemeteries. Mr. INOUYE. Mr. President, as the the responsibility of micro-managing They call them holy places or burial vice chairman of the Committee on In- the use of tribal lands across this Na- places. They consider them places that dian Affairs, I feel that I must object tion—50 million acres of land? should be undisturbed, treated with to this amendment. Are we going to return to the days reverence, and very seriously. I pity However meritorious its intent may when this Government told the Indians the construction company that would be, it seems to me that there are seri- that we were the ‘‘Great White Fa- ever try to build a high rise or a road- ous legal ramifications to the proposal ther’’—and we would decide what was way or something of that nature that we have not had an opportunity to best for them? through an Indian burial ground be- evaluate. I, for one, will not go down that road, As Americans, we have come to rely cause they do have laws on the books, and I hope that my colleagues will not on the constitutional protections that we have laws on the books right now do so either, until and unless, there is are accorded to property rights under dealing with Indian burial places that some overwhelming and compelling the law. reason for doing do. prevent construction in those areas. One of those rights is to be free in Well, very simply, Mr. President, just Personally, I don’t believe that the the use and enjoyment of our prop- because they are Indian, they can’t use of the Huron cemetery by the Wy- erty—provided of course that our uses have it both ways, and it would seem andotte Tribe of Oklahoma presents of property do not present any danger to me there are many questions that that compelling a case—nor do I know to the health or safety of the public. why we would or should address this are left unanswered if we try to make Even when land is held in trust by a policy change on an appropriations matter today. the United States for an Indian tribe, Mr. President, let us proceed cau- bill. For instance, we have not, to my the principal restriction on the use of tiously and deliberately, as the Amer- knowledge, heard from the State of trust property is a restriction against ican public desires us to do—let us ex- Kansas. Under the 1988 IGRA any tribe alienation. amine carefully what is at issue, and that wants to build a casino or open a In the modern era of self-governance take action, only after we have done casino within a State has to reach and self-determination, this Govern- so, and only after we are informed of some kind of understanding with the ment has long since abandoned the pa- all of the facts. State, not to exceed the State law in ternalistic stance of dictating to the The PRESIDING OFFICER (Mr. non-Indian owned casinos. To my tribes the details of everyday life on COATS). Is there further debate on the knowledge, they have not done this. We reservations. amendment? have not heard, to my knowledge, from The principle which informs the fifth Mr. BROWNBACK. I urge adoption of anybody at Huron who would be af- amendment to our Constitution—that the amendment, Mr. President. fected. We have haven’t heard from there will be no taking of property The PRESIDING OFFICER. The people in the local communities, the without just compensation—is pre- question is on agreeing to the amend- citizens who are going to be affected or cisely why we have spent so much time ment offered by the Senator from Kan- the mayor of Kansas City. We simply debating the issue of federally imposed sas. do not know, if we do pass this into land restrictions in the Congress. The amendment (No. 1204) was agreed law, how it would affect the ongoing The Wyandotte Tribe of Oklahoma to. litigation. I simply think it is the has owned the Huron Cemetery—held Mr. GORTON. Mr. President, I move wrong vehicle. beneficial title to the Huron cemetery to reconsider the vote. Now, I am not familiar beyond that as a function of an 1867 treaty—for 130 Mr. BROWNBACK. I move to lay that with the circumstances of this case, years. motion on the table. but I think that we could be doing our- And yet today, without the benefit of The motion to lay on the table was selves a disservice by not having the a hearing or any public consideration— agreed to. supporters of this, that is, the oppo- and importantly—without the benefit INDIAN PROVISIONS nents of the Brownback amendment, of any consultation with the Wyan- Mrs. BOXER. I am delighted that a bring it forward as a legislative piece dotte Tribe of Oklahoma, we are being compromise was reached yesterday on of paper where we can deal with it in asked to impose a restriction on the Sections 118 and 120 to the Interior Ap- legislative committees. I am not aware tribe’s use of its own land. propriations bill. As a Senator for Cali- of any bill being introduced to that ef- Mr. President, I am not aware that fornia and as a citizen, I am greatly re- fect either. there is any emergency at stake here. lieved that these two provisions will no So I would go on record, Mr. Presi- I know of no reason why we must longer endanger the rights of our Na- dent, as saying that my feeling from a take this precipitous action on an ap- tion’s Indian tribes. historical and cultural standpoint is propriations bill. Sections 118 and 120 would have di- this should continue to be used what it I believe if the good gentleman from rectly violated the bargain struck be- was originally used for, and that’s basi- Kansas were to introduce his amend- tween the United States and Indian cally what the Brownback amendment ment as authorizing legislation, we tribes over a century ago. In hundreds does. But no Congress is bound by the could all have the benefit of the kind of of treaties, the United States agreed to action of a previous Congress. We all information that can be gathered in a make payments to Indian tribes in ex- know that. So if at later date a future formal hearing. change for nearly 100 million acres of S9498 CONGRESSIONAL RECORD — SENATE September 17, 1997 tribal lands. Section 118, which would verely overburdened, a situation mag- That said, I continue to be a strong have imposed a means test on these nified by the 97 vacancies that plague supporter of multiple use, including payments, violates both the letter and our Federal judiciary. Chief Judge timber harvest, on our Nation’s na- the spirit of these contracts. The result Proctor Hug of the Ninth Circuit Court tional forests. I cannot fathom why would have been to impose a penalty of Appeals recently reported that he some want to prohibit harvest of sec- against tribal governments for improv- was forced to cancel more than 600 civil ond growth timber of Forest Service ing services for their citizens and try- cases due to the shortage of judges. land. Timber harvest not only provides ing to achieve self-sufficiency. This already overburdened system needed jobs and wood products, but in Section 120 would have gone even fur- could not absorb the thousands of cases some cases it can improve the health of ther in violating the promises the that would have potentially flooded timber stands and reduce the risk of United States made to the tribes. It our Federal courts had tribes been devastating wildfire. would have required tribes to choose stripped of their sovereign immunity. I intend to work with the administra- between the payments promised to At a minimum, such a far-reaching tion to improve our road-building poli- them and their inherent right to sov- proposal should be subject to the care- cies, reduce subsidies, protect vital wa- ereign immunity, a right acknowledged ful, deliberative process of the proper tersheds, and ensure ecologically in the United States Constitution. authorizing committees. healthy systems remain strong. I do The United States has a long history For all of these reasons, I was, and not support elimination of all new of recognizing tribes as sovereign enti- continue to be, strongly opposed to roads, because roads are necessary for ties. As early as 1895, the United States Sections 118 and 120 and I am happy to timber harvest. But we must stop sub- Court of Appeals for the 8th Circuit see them removed from the bill. sidies and/or the appearance of sub- ruled that tribal sovereign immunity Mrs. MURRAY. Mr. President, I rise sidies by revamping the agency’s ac- in support of the Interior appropria- from lawsuit is analogous to state sov- counting systems and ensuring our Na- tions bill. I commend the chairman and ereign immunity, which is protected by tion’s public lands are managed as eco- ranking member for developing a bill the 11th Amendment to the Constitu- nomically viably as possible. that provides a number of benefits to tion. Section 120 would have ignored LOG EXPORTS the people of the Nation and, particu- this history and stripped tribes of their I want to explain why I believe the larly, the people of the Pacific North- provisions in this bill regarding log ex- Constitutional right to sovereign im- west. I want to highlight some of the port restrictions make good environ- munity without due process. bill’s strengths and weaknesses. Sections 118 and 120 would have also mental and economic policy. As many significantly undermined the efforts of FOREST ROAD POLICY of my colleagues know, the issue of log I voted in favor of the amendment of- our Indian tribes to improve the qual- exports is very contentious. The battle fered by my colleague, Senator BRYAN, ity of life for their people. Tribal Prior- over log export policy has raged in the on forest road funding and purchaser ity Allocations are funds targeted at Pacific Northwest for years. We first road credits. I did so in response to the passed a comprehensive log export bill addressing the most critical areas of enormous outpouring of public opposi- in 1990. Since then Congress has revis- need among our Nation’s Native Amer- tion to the current road-building poli- icans. Without these funds, many cies of the Forest Service. Everyplace ited that law in 1992, briefly in 1996, tribes would be unable to pay for essen- I’ve gone in recent months, I have been and again this year. The USDA Forest tial services, such as public schools, approached by average citizens—not Service issued regulations in 1995 that health care, social services, law en- just environmental activists—and would have seriously impacted the en- forcement, and road maintenance. urged to slow new road construction tire timber economy of the Northwest. Ironically, Section 120 would not and stop subsidies to timber compa- Those regulations precipitated a de- have affected the few tribes that are nies. Editorial boards across my State mand by Senator GORTON for those economically able to forgo federal and the Nation have said now is the Washington State entities impacted by funding. Only the most dependent time for a change in the road building log export policy to develop legislation tribes, those suffering most from pov- policies of the Forest Service. I agree. they could all support. That was a tall erty, would have been forced to trade However, this has been a difficult de- order, but this legislation embodies the their sovereign status for Federal sup- cision for me. My top forest priority is best compromise that could be devel- port they desperately need to survive. full implementation of the President’s oped. Let met explain what these pro- The effect would have been the cre- forest plan, including meeting timber visions do. ation of two disparate classes of tribes, production goals. A severe cut in road First, this bill imposes a permanent those who could afford to be sovereign construction and reconstruction might ban on the export of all logs cut from and those who could not. have impacted the Forest Service’s State lands. My home State of Wash- Sections 118 and 120 would have had a ability to meet all of the plan’s objec- ington has been the biggest exporter of particularly harmful effect in my tives. However, I have been assured by public timber in the Nation. However, State. In California, there are 104 feder- the administration that the Northwest under the compromise law Congress ally recognized tribes, and over 250,000 forest plan remains a top priority and passed in 1990, no timber from State Native Americans, who would be finan- it will not be affected by the $10 mil- land could be exported for the first 5 cially and emotionally devastated had lion cut in road construction proposed years of the law. Those 5 years have this provision become law. The vast by the Bryan amendment. The admin- passed, so the State ban on log export majority of tribes desperately need istration believes it can minimize the will—on October 1—be lifted and the Federal funds for daily survival. One impact of these cuts on the timber pro- existing law will prohibit the export of third of all Native Americans live gram throughout the country, but will only 400 million board feet, of a total below the poverty level. Nearly half of make the scientifically validated sale program of 650 million board feet. all Native Americans living on reserva- Northwest forest plan a priority. That means without this bill, 250 mil- tions are unemployed. Of those who do Despite my strong and continuing lion board feet will go overseas without work, almost a third earn less than support for the Northwest forest plan, I domestic processing. That means jobs $7,000 per year. Those Indian businesses am concerned about the Forest Serv- would be lost in rural America and our that are experiencing any measure of ice’s policies on roadless areas. The sci- region’s forests would be cut without success are just now beginning to cre- entific assessment recently completed gaining their highest economic value. ate jobs and economic opportunity. To for the Interior Columbia Basin eco- Second, this bill also protects the take away funding now for essential system management project dem- private property rights and values of services like public schools and health onstrates the importance of roadless both industrial and family tree farm- care would have destroyed any chance areas for fish, wildlife, water quality, ers. Without these provisions, a timber for self-sufficiency for many tribes. and ecosystem health. Thus, I believe grower whose land was located next to We must also keep in mind the poten- we should only build news roads into a sawmill that uses Federal timber tially devastating effect Section 120 large roadless areas infrequently and could not sell his or her trees to that would have had on our Federal courts. with great care and full environmental sawmill if that sawmill also used Fed- Our Federal court system is already se- analysis. eral timber. That limitation does not September 17, 1997 CONGRESSIONAL RECORD — SENATE S9499 encourage domestic processing of tim- amendment requires the Forest Service use the next year as a time for testing ber—one of the original goals of the to establish a three-tiered policy giv- the provisions in the title and securing 1990, and this, legislation. In addition, ing Alaskans first priority, other additional comments from all inter- the proposed agency regulations that American companies next priority, and ested parties. We can evaluate how suc- this legislation will correct would have only if no one wants these logs—which cessful the provisions are, and develop required all private timber owners to is highly unlikely—may they be ex- any necessary changes together with brand each and every tree cut on his or ported. other interested Senators over the her land. It is simply bad policy and The current policy must be remedied. course of the next year. I ask my col- does not encourage landowners to keep I hope my amendment will be accepted. league from Washington whether he their lands in timber production in- LAND AND WATER CONSERVATION FUND agrees that we should look at the fol- stead of selling them off for develop- This bill provides critical funding for lowing year as a test period for this ment. important land acquisition within the measure so that we can together evalu- Third, some have objected to the so- Pacific Northwest. The Columbia ate any needed changes. called buyer-broker provision saying Gorge National Scenic Area will re- Mr. GORTON. I fully understand the its guts existing log export law. This ceive $8 million to purchase land to concerns that have been raised about provision allows a third party sawmill protect the ecological and scenic val- these provisions. As is the case with owner that uses Federal timber also to ues in the gorge. It includes funds to any measure developed over a long purchase private timber from another acquire land and develop a trail along process, there are parts of this title company or individual and export a Cape Horn, one of the most beautiful which will not please everyone. I be- portion and process a portion of that areas on the Washington side of the lieve my proposal represents the most timber. This allows a timber purchaser gorge. Outside of the gorge, we appro- comprehensive solution possible given both to supply an American sawmill priated $1.5 million for vital wetlands this issue’s complexity. While I sin- and pay the landowner the highest along the Black River in Thurston cerely hope that we do not have to re- price for the trees. Currently, the State County. This unique, spring-fed river visit this issue again next year, it is of Washington has very similar policy contains lands threatened by the grow- certainly appropriate to look at the instituted in its log export regula- ing population around Olympia and Ta- next year as a test period, to evaluate tions—and the ban on State log export coma. how well the provision works, and to has worked, by all accounts, very well. I am very excited by the commit- assess what changes, if any, are nec- This provision provides necessary flexi- ment Chairman GORTON has made to essary. I commit to my colleague from bility and will likely lead to more pri- help secure funding to purchase the Idaho that I will work with him and vate timber being processed domesti- Elwha and Glines Canyon dams with other interested Senators and parties cally than would otherwise occur. And, land and water conservation funds. The to this end. let me be clear, under this bill, a pri- acquisition and removal of the Glines Mr. SMITH of Oregon. I also would vate company that grows timber on its Canyon and Elwha dams have been a like to commend the Senator from own land still cannot export that tim- priority of mine since I was elected in Washington for his diligence in pursu- ber from the same area in which it pur- 1992. So far, we have $8 million author- ing a solution to this issue. I would be chases Federal timber. ized to purchase both dams from pleased to work with the Senators from Finally, this provision will hopefully Diashowa Co. for a total of $29.5 mil- Washington and Idaho on this effort to bring closure to log export policy. I— lion. It appears we can tap some of the evaluate how well this provision works, and the vast majority of the public— $700 million allocated for LWCF pur- and to consider the need for any support a permanent ban on the export chases this year to acquire both dams changes. of unprocessed timber from public and begin the process of removing one FUNDING FOR RENOVATION OF MONTEZUMA lands. Most of us would also like to en- dam and restoring the outstanding CREEK HEALTH CLINIC courage greater processing of private salmon fisheries in this Olympic Na- Mr. HATCH. Mr. President, as the timber. This provision provides the tional Park River. Senate considers the Interior appro- tools to accomplish these goals. It is priations bill, H.R. 2107, I want to com- RECREATIONAL TRAILS FUNDING the right economic and the right envi- ment briefly about a small but very I also support the increased funding ronmental policy. important provision in the bill that for trails contained in this bill. Rec- EXPORT OF FOREST SERVICE ALASKA RED CEDAR will provide $100,000 in Federal money reational use of our national forests I have offered an amendment that I to renovate the Montezuma Creek has increased almost every year since hope will be accepted under unanimous Health Clinic in Montezuma Creek, Ut. consent regarding the domestic proc- the 1950’s. This year, we added $3.5 mil- The Montezuma Creek Clinic is lo- essing of Alaska red cedar from Na- lion to the President’s already high cated in the rural community of Mon- tional Forests in Alaska. Alaska is a budget request for Forest Service trails tezuma Creek in the southeastern part unique place. When most of us think of maintenance in Washington and Or- of Utah in San Juan County. This com- exporting a product, we think of ex- egon. These dollars desperately needed munity serves as the population center porting it out of the United States. In to keep our beautiful forests acces- for the eastern portion of the Utah Alaska, a product is exported if it sible, disperse forest users, and protect Navajo region which is home to more leaves Alaska—even if that product the forest system. than 6,000 Navajos who live on and goes to the lower 48 States. TITLE VI around the Navajo Reservation. Thus, on the Tongass National For- Mr. CRAIG. I rise for a brief colloquy This area also has one of the most est, Western red cedar is first offered to with the manager of the bill. First, I critical health care shortages in Utah Alaska timber purchasers. However, would like to commend the Senator and, in fact, in the entire region of the there is no market or no capacity to from Washington for his hard work on western United States. manufacture this species in Alaska, so title VI of this bill. Title VI, which in- Located in the heart of this commu- it has been declared a ‘‘surplus spe- cludes the forest resources conserva- nity is the Montezuma Creek Health cies.’’ As a surplus species, these fine, tion and shortage relief provisions, rep- Clinic which was initially operated by scarce logs can be sold on the long ex- resents a considerable amount of ef- the Indian Health Service [IHS] to port market to Asian buyers. While fort. The title is a thoughtful attempt serve the Navajo population. American companies are certainly free to resolve a very complex issue in an Today, the clinic principally serves to purchase these public logs, they equitable fashion. The title is nec- the 6,000 Navajos as well as the non-In- must pay the significantly higher essary because of difficulties caused by dian population who live in southeast prices offered on the export market. In the administration regulations re- Utah and northeast Arizona. The clinic the lower 48 States, Western red cedar stricting the movement of logs across is presently operated in a cooperative is very much in demand. different jurisdictions. However, be- effort between the Utah Navajo trust Under my amendment, these national cause the provisions of the title are so fund as the owners of the clinic facil- logs must be offered at domestic prices complex and involve so many intensely ity, the San Juan County Health Care to mills in the lower 48 States. My disputed issues, I would hope we would Services as the county provider of S9500 CONGRESSIONAL RECORD — SENATE September 17, 1997 health services, and the IHS which pro- care for the residents of Montezuma increased funding for a proposal initi- vides contract support services. Creek. ated by the administration and where It is ironic that there is only one IHS I also want to thank my good friend Congress has been left out of the imple- facility located in the entire State of and colleague from Utah, Senator BEN- mentation strategy. Utah when neighboring States have as NETT who, as a member of the Interior A while back I co-signed a letter to many as a dozen or more facilities Appropriations Subcommittee, was ex- the administration outlining our con- each. The only IHS facility in Utah is tremely helpful in securing these funds cerns with this proposal, and to request an outpatient facility at Fort for this project. an extension of the public comment pe- Duchesne which is located over 350 Moreover, let me thank the distin- riod for an additional 120 days which miles away. guished chairman of the Interior Sub- was granted, and expired on August 20. It is obvious that the health care committee, Senator GORTON, for agree- I signed a second letter from the Idaho needs for this segment of the Utah Na- ing to this modest request and includ- delegation to Ms. Katy McGinty, CEQ tive American population are greatly ing it in the bill. Chair. under-served. I must say that I am delighted we are Mr. President, I ask unanimous con- For over 3 years, I have worked with finally able to help this clinic. sent that these letters be printed in the the IHS, the Utah Navajo trust fund, A great deal of time and effort has RECORD. the State of Utah, the Aneth Chapter been devoted by many people in secur- There being no objection, the letters of the Navajo Nation, San Juan County ing both the needed money and the co- were ordered to be printed in the and many other concerned parties in operative arrangements for carrying- RECORD, as follows: an effort to improve the delivery of out this project. UNITED STATES SENATE, health care for the residents of this In addition to Senator BENNETT and Washington, DC, June 5, 1997. community. Senator GORTON, I want to thank Judy Hon. KATHLEEN A. MCGINTY, Unfortunately, it has not been an Edwards with the Utah Department of Chair, Council on Environmental Quality, The easy task. Health, Ed Alter who serves as Chair- White House, Washington, DC. The Federal budgetary pressures on man of the Utah Navajo trust fund in DEAR MS. MCGINTY: We are writing on be- which the combined funding will be de- half of numerous constituents who have an facility construction projects within interest in the newly announced American the IHS budget have prevented federal posited, Mark Maryboy with the Aneth Heritage Rivers Program, which involves dollars for the construction of a new Chapter of the Navajo Nation—Utah— thirteen executive departments and agen- Facility at Montezuma Creek. and Donna Singer with the Montezuma cies. We are requesting an extension in the Moreover, the current IHS facility’s Creek Clinic. public comment period of 120 days. priority list—which includes construc- I look forward to working with these According to the May 19, 1997 Federal Reg- tion funding for projects on the prior- individuals and others in the months ister announcement, under this program riv- ity list—has as a practical matter pre- ahead on the long needed renovation of ers across the country will be designated as Montezuma Creek Clinic. ‘‘American Heritage Rivers.’’ A designation cluded the addition of new facilities for is intended to address a ‘‘need for concerted, Utah. This is very unfortunate for the AMERICAN HERITAGE RIVERS INITIATIVE long-term efforts in water quality improve- community of Montezuma Creek. It Mr. KEMPTHORNE. Mr. President, ment, river restoration, and economic revi- seems that Utah has always been short- the American Heritage Rivers Initia- talization within and along the river.’’ Any changed when it comes to IHS and IHS- tive [AHRI] was first announced by person can nominate a river or entire water- related health care services in our President Clinton in his State of the shed for designation by the administration, State. Union address to provide federal sup- which is intended to preserve the natural, And, I would remind my colleagues port to communities undertaking river historic, cultural, social, economic and eco- that the health status of Utah Navajos logical diversity of the nation’s rivers. restoration projects through improved This program was first announced by living in San Juan County is lower access to federal resources and by en- President Clinton on February 4, 1997. Sev- than the Utah Native American popu- couraging private sector support for eral public hearings were apparently held lation in general which, overall, is even local efforts. during April and May, although the hearings lower than the Native American popu- An interagency team led by the were not noticed in the Federal Register, nor lation as a whole. Council on Environmental Quality were Congressional offices uniformly noti- In spite of the difficulties, the Mon- [CEQ] was established. The CEQ for- fied of the hearings. On May 19, 1997 this pro- tezuma Creek Clinic continues to oper- mally announced the program in the gram was announced in the Federal Register ate and provide life saving health care May 19, 1997, Federal Register. The for the first time. The comment period closes June 9, 1997, allowing only three weeks for services to the community albeit in the Federal Register announcement stated public comment. facility that is clearly outdated and in that the goal of the AHRI was to ad- Given the vast scope of the goals of this need of renovation. dress a ‘‘need for concerted, long-term proposed program and the magnitude of pos- Although the facility is functional, it efforts in water quality improvement, sible designations, this program will poten- is in poor condition and inadequate for river restoration, and economic revi- tially implicate a vast range of interests. We the provision of needed services to the talization within and along the river.’’ believe that three weeks is clearly an insuffi- 65 to 110 patients served on a daily Under the proposed rule, any person or cient amount of time to permit all inter- basis. In addition, there is a need to ested parties to submit meaningful comment community may nominate a river or on the proposal. bring the facility into compliance with entire watershed for designation by the Under the circumstances, and with the modern building codes for medical fa- Administration. large impact this may have on the citizens of cilities. I, like many of my Colleagues, have our states, we urge you to extend the com- Accordingly, I am delighted that the concerns about this initiative. For one ment period for an additional 120 days. This Interior bill contains Federal funds in thing, those who could be affected by would ensure the submission of thoughtful the amount of $100,000 for design and such a proposal have not had sufficient comment representative of all interested construction purposes in renovating time or opportunity to comment. Sec- parties and organizations. Surely you agree the existing facility. ond, Members of Congress have not re- that the success of the proposed program hinges on addressing the concerns of the Moreover, these funds will be ceived a detailed briefing from the ad- widest cross-section possible of affected par- matched dollar for dollar by the State ministration on how this plan is to be ties. To adequately inform all parties, we of Utah and the Utah Navajo trust fund carried out. It appears that the admin- also urge you to schedule public hearings on to collectively bring the total to istration has completely circumvented this program, after first notifying all con- $300,000. It is my hope that the Federal the affected public and Congress in an gressional offices and noticing the hearings commitment of $100,000 will also effort to implement the AHRI. in the Federal Register of the scheduled prompt private contributions from I have concerns about where the hearings. those national corporations operating funding and staff necessary to run this Thank you for your most expeditious re- sponse to these concerns. in San Juan County. I believe with the program will come from. In a time Sincerely, collective support and backing of all where budgets are constrained and the Conrad Burns, Rick Santorum, Sam parties we will be able to set in motion Federal Government is required to do Brownback, Ted Stevens, Larry E. much needed improvements in health more with less, it is difficult to support Craig, Kay Bailey Hutchison, Robert T. September 17, 1997 CONGRESSIONAL RECORD — SENATE S9501 Bennett, Tim Hutchinson, Craig Thom- properties, thereby disallowing legitimate Mr. President, I support the amend- as, Richard Shelby, Slade Gorton, — — uses or development. It’s also feared that ment to H.R. 2107 submitted by the —, Trent Lott, Dirk Kempthorne, Pete property values will decline because of the Senator from Arkansas. Domenici, and Don Nickles. designation. Mr. BIDEN addressed the Chair. Another major concern with this initiative The PRESIDING OFFICER. The Sen- CONGRESS OF THE UNITED STATES, is that the designation of a river is essen- THE IDAHO DELEGATION, tially permanent. Wile CEQ may claim that ator from Delaware. Washington, DC, August 14, 1997. a river can be undesignated at any time, ac- Mr. BIDEN. Mr. President, I ask Hon. KATHLEEN A. MCGINTY, cording to the wishes of the local commu- unanimous consent to be able to pro- Chair, Council on Environmental Quality, Old nity, there is no defined process for ceed in morning business for up to 5 Executive Office Building, Washington, DC. undesignation. And you are aware, the needs minutes. DEAR CHAIRMAN MCGINTY: The following and wishes of communities change and a The PRESIDING OFFICER (Mr. are comments from Idaho’s united Congres- community may decide it no longer wants to HUTCHINSON). Without objection, it is sional delegation on the American Heritage have that section of river designated. so ordered. Rivers Initiative as described in the Federal The process by which this initiative was f Register, Volume 62, No. 96, Monday, May 19, proposed is flawed, as well. It is in violation 1997. of the National Environmental Policy Act Let us be clear—we have serious concerns HELICOPTER CRASH IN BOSNIA (NEPA), which requires an Environmental with the initiative. We are not only con- Impact Statement (EIS) to be filed for any Mr. BIDEN. Mr. President, I rise this cerned about the initiative itself, but the federal action which would significantly im- evening to comment on the tragic news manner in which it was advanced. It is a pact our environment. No EIS was filed. Fur- from Bosnia. Earlier today, a U.N. heli- clear effort on the part of the Administra- thermore, NEPA requires a ninety-day pub- copter carrying several international tion to bypass the Constitutionally directed lic comment period for any EIS. A mere lawmaking power of Congress and our sys- officials crashed 40 miles northwest of three weeks was originally provided for pub- tem of checks and balances. Congress has not Sarajevo. Twelve people are reported lic comment. While we appreciate the exten- authorized this initiative and has not appro- dead and four injured. The latest re- sion of the comment period to sixty days, it priated money for this program. Addition- ports indicate that on board were four was only after extensive public outcry. ally, the Council on Environmental Quality or five Americans, still unidentified, Despite all of these significant problems (CEQ) is not granted the power to govern or who were working for the International regulate rivers or watersheds within sov- with the initiative, there is still one more that cannot be ignored. If this initiative Police Task Force and the Office of the ereign states. As such, this initiative rep- High Representative for Bosnia. Among resents a challenge of Congress’ power and were to be enacted, it would conflict with the rights of states, in line with the protec- the Idaho Constitution. Article XV, Section the dead was Gerd Wagner, the Senior tions guaranteed in the Fourteenth Amend- 1 of the Constitution of the State of Idaho, Deputy High Representative for ment. as approved by the U.S. Congress states: Bosnia. Ambassador Wagner was well We have other objections beyond this fun- ‘‘The use of all waters . . . [is] subject to the known to many of us in the Congress, damental concern. For example, this initia- regulations and control of the state. . . .’’ since before he took up his post this tive actually works against its stated goals: Additionally, Idaho Code 42–101 states: ‘‘All the waters of the state, when flowing in their past summer he was the political coun- to streamline the federal process dealing selor at the German Embassy in Wash- with river protection. There are existing fed- natural channels, including the waters of all eral and state authorities that are charged natural springs and lakes within the bound- ington. with the mission of regulating water re- aries of the state are declared to be the prop- A Balkan expert who learned Serbo- source planning and allocation. In addition, erty of the state, whose duty it shall be to Croatian while serving in Belgrade ear- there are nearly a hundred grass roots water- supervise their appropriation and allotment lier in his career, Ambassador Wagner shed councils across the nation that are ac- to those diverting the same therefrom for answered the call to take up the chal- complishing the same objectives as the ini- any beneficial purpose.’’ Idaho clearly has lenging and dangerous post as Senior jurisdiction, control, and sovereignty over tiative, but they have local input as opposed Deputy to High Representative Carlos to federal control. The initiative creates an water within her own borders and any fed- eral attempt to usurp or interfere with that Westendorp. unnecessary, additional layer of bureaucracy I had dinner with the Ambassador 3 that will make it more difficult for private authority will be aggressively resisted. individuals to continue to develop and use As you can see, we have some serious res- weeks ago in Sarajevo. In the presence water resources that have in the past been ervations about your American Heritage of a diverse group of Bosnian Muslims, controlled by state and local government en- Rivers initiative. Our concerns can be Croats, and other international offi- tities. summed up into three basic areas: the lack cials, he spoke out forcefully in favor Another concern relates to the effort to ob- of Congressional approval, the vague lan- of the difficult task of making the Fed- tain local input regarding the designation of guage and absence of definitions and the ex- eration work. Much of the credit for cess federal control over private property rivers as an American Heritage River. While refugee resettlement and for fleshing we support obtaining local input, we ques- and state water rights. tion whether the initiative is designed to We thank you for extending the comment out the political institutions mandated achieve a truly representative sampler. This period to sixty days, but we request you by the Dayton accords belongs to Gerd is because the local input is based upon what withdraw this initiative and allow the local Wagner. is referred to as ‘‘river communities.’’ Any stakeholders and the state to use their cur- Mr. President, this terrible heli- small group, environmental organization or rent laws to govern their water. copter crash follows just 2 years after local civic club could be defined as a ‘‘com- Sincerely, the accident on Mount Igman that munity.’’ The initiative redefines commu- HELEN CHENOWETH, took the lives of three dedicated Amer- nities, watersheds, and jurisdictional bound- Member of Congress. ican diplomats—Joe Kruzel, Bob aries to create this governing entity, which LARRY E. CRAIG, will then have the power to decide the United States Sen- Frasure, and Nelson Drew. In neither ‘‘length of the area’’ to be designated ator. the Mount Igman accident in 1995 nor ‘‘whether it be an entire watershed, the MIKE CRAPO, today’s helicopter crash was any foul length of an entire river, or a short stretch Member of Congress. play suspected. of a river, and may cross jurisdictional DIRK KEMPTHORNE, As a matter of fact, the early reports boundaries.’’ United States Sen- are reminiscent—Dr. Haltzel, of the Because these communities have no set ator. Foreign Relations Committee staff, definition and because of the diverse, and Mr. KEMPTHORNE. Mr. President, and I were talking about it today—of often conflicting set of options, this may cause real communities to become frag- Idahoans are quite opposed to the our own helicopter travel in Bosnia 3 mented. Worse, there is no guarantee that AHRI. They see it as a further en- weeks ago. We were in a similar situa- private property owners will be included in croachment of the Federal Government tion. Reportedly the reason Ambas- any decisions made by this river community. not only into their lives but onto their sador Wagner’s delegation crashed was In fact, a river could be designated over the lands. Even though the administration heavy fog. We also took off from Sara- specific protests of local private property insists the initiative would be locally jevo in a peasoup fog, and the pilot of owners whose land would be most affected. driven and administered, the average our American Blackhawk helicopter This potential threat to property rights is a serious one. There are no safeguards writ- Idahoan strongly disagrees with this expressed concern about the fog and ten into the initiative to protect the rights notion and simply wants the Federal the mountains. Obviously, in our case of property owners. On the contrary, it ap- Government’s role to decrease in every it turned out not to be a problem. pears the initiative could result in rezoning possible aspect. Tragically in this case for Ambassador