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SPECIAL SUMMARY REPORT ON THE 105TH CONGRESS

November 1, 1998

TOPICS:

APPROPRIATIONS
ENERGY USE AND CONSERVATION
- Energy Conservation Programs Renewed:
MINING
- Hearings on the 1987 General Mining Law:
- Fort Berthold Mineral Rights:
PARKS AND PUBLIC LANDS
WATER RESOURCES
WILDLIFE CONSERVATION
OTHER ISSUES OF INTEREST
- Forest Management Hearings:
CONGRESSIONAL SCHEDULE
NEWS BRIEFS:

APPROPRIATIONS

Delaying its departure by many days, Congress finally passed a $500 billion FY'99 appropriations bill that included a number of policy riders. For a more complete description of the omnibus measure, see last week's policy update at http://www.amrivers.org/policy10-26.html.

ENERGY USE AND CONSERVATION

Electricity Restructuring Stalls:

Efforts to draft a comprehensive electric utility restructuring bill failed to make much headway in the 105th Congress. In the House, Commerce Committee Chair Thomas Biley (R-VA) officially halted progress on revamping the nation's electric power industry in July when he sent a letter to retiring Energy and Power Subcommittee Chair Dan Schaefer (R-CO). The letter stated that due to the "calendar and a lack of support from the minority," it was "highly unlikely" that he would call a subcommittee markup of draft legislation that they had developed with several other committee Republicans.

In the Senate, the situation was reversed with Senate Energy Committee Chair Frank Murkowski (R-AK) refused to schedule hearings on electricity restructuring bills sent to his committee despite repeated requests from retiring ranking Democrat, Sen. Dale Bumpers of Arkansas.

Energy Conservation Programs Renewed:

A bill to renew a number of energy conservation programs moved through Congress and was signed by President Clinton in the final week of the 105th Congress. S.417 renews programs to help low-income people weatherize their homes, promote energy conservation in schools and hospitals, and encourage the export of renewable energy and energy efficient technology and products.

The bill also expands the federal government's use of energy saving performance contracts.

MINING

Delay on Revisions to Hardrock Mining Regulations:

Because of a one-year moratorium in the FY'99 omnibus appropriations bill, the Interior Department must delay its efforts to revise regulations for surface management of mining for gold, silver, and other hardrock minerals on federal lands. The measure, as originally approved by the Senate Appropriations Committee in June, would have prevented enforcement of the rules until the National Academy of Sciences completes a study of the adequacy of current federal and state regulations. The final version of the bill shortened the study period from 27 months to one year. A related Bureau of Land Management bill to expand the requirement that miners post bonds proving that they can pay for site cleanup after they finish mining was sharply criticized by Senate Resource Committee Republicans.

Hearings on the 1987 General Mining Law:

The Senate held hearings on three bills aimed at revising the 1872 General Mining Law in the second session of the 105th Congress. S.1102, which gained the support of the mining industry, would assess a 5 percent royalty on new mining claims, extend miners' right to "patent" - purchase for between $2.50 and $5.00 per acre - their claims, and reaffirm existing cleanup standards.

Five competing bills supported by environmental groups (S.326, S.327, H.R.253, H.R.778, and H.R.779) would raise royalty fees, abolish patenting, mandate new standards for cleanup of sites, and require the federal government to prevent mining on unsuitable lands.

Fort Berthold Mineral Rights:

In July, President Clinton signed a bill (S.2069) to authorize the leasing of mineral rights on the Fort Berthold Native American reservation in North Dakota if more than 50 percent of the individual property owners approve the agreement. Previously, 100 percent of the property owners had to approve the agreement. The reservation spans about 1 million acres in the Williston Basin, which is known for its oil potential.

PARKS AND PUBLIC LANDS

Creation of National Monuments:

The House tried to push through a bill that would prevent the Administration from independently creating any more large national monuments like the Grand Staircase-Escalante National Monument. H.R.1127 would mandate that the White House consult with affected state governors 30 days prior to creating any monument larger that 50,000 acres. The measure cleared the House in October 1997 and was the subject of a Senate Energy subcommittee hearing in February, but never progressed any further.

Most Alaska Land Bill Controversies Shelved:

Out of numerous Alaska lands issues debated during the 105th Congress, only two were enacted as free-standing bills. H.R.1948 authorized a three-way land trade to enlarge Admiralty Island National Monument in the Tongass National Forest. H.R.2000 certified clarifications to the land bank protection provisions of the Alaska Native Claims Settlement Act, including a measure to pay the Calista Corp., an Alaska Native corporation, $39 million for 218,000 acres of wetlands and mineral rights in the Yukon Delta National Wildlife Refuge.

The most controversial Alaska lands bill focused on the construction of a road through the Izembek National Wildlife Refuge to connect the remote Aleutian village of King Cove to the town of Cold Bay, which has a larger, more modern airport. Alaska delegates said King Cove needed road to make medical evacuations from the village faster and safer. Environmental groups argued strongly against the bill, and President Clinton stated that he would veto the measure. After much debate, Senate Appropriations Committee Chair Ted Stevens (R-AK) abandoned the road bill. In exchange, the Administration promised the Alaska delegates $37.5 million for improvements, including upgrading the King Cove airport and clinic, as well as the possibility of constructing a different road that would lead to a short ferry ride to Cold Bay.

Park Management:

Before heading home, members of Congress cleared legislation to revamp a number of aspects related to management of national parks, resolving a long-standing dispute over the National Park Service's concession policy.

The bill seeks to eliminate the current policy under which existing concessionaires have preferential rights to renew their contracts, which critics claimed inhibited competition and reduced concession fees. The measure would also phase out the practice of allowing concessionaires a property right in a facility in which they had invested. Instead, concessionaires would be given a "leasehold surrender value" equal to the construction costs incurred by the concessionaire.

Grand Staircase-Escalante National Monument:

In an effort to resolve the lingering frustration on the part of Utah's congressional delegates over the creation of the 1.7-million acre Grand Staircase-Escalante National Monument by President Clinton in September 1996, the Interior Department, the state, and the delegation agreed to a massive land swap aimed at providing the Utah school lands trust with revenue-generating lands. H.R.3830 consolidates the intermingled holdings of the Bureau of Land Management, the Utah school trust lands, and other Utah state holdings by transferring 377,000 acres to the federal government. In return, Utah gets about 140000 acres of valuable federal land located elsewhere in the state and $50 million in cash for its schools endowment.

Native American Lands Bills:

Both the House and the Senate passed S.459 to reauthorize most of the programs under the Native American Programs Act through the year 2002. The act helps tribes establish plans to become financially self-sufficient through grants to promote development, enhance environmental regulation, and preserve Native American languages. The bill provides $8 million annually for tribes to enforce environmental laws and get aide in drafting new regulations.

Congress also passed S.1419 and H.R.3005 to double to 667 acres the tract of land on the northern edge of the Everglades National Park that is set aside for the Miccosukee tribe. The expansion will enable the tribe to build new housing. While gaining conditional sovereignty over the land, the tribe must pledge not to degrade the quality of the water flowing through the park, to conform to a height limit of 45 feet for any new buildings, and to advertise all new construction with public notices and meetings.

Quincy Library Group Forest Plan Passed:

A law based on the 1993 recommendations of the Quincy Library Group, a coalition of loggers, local environmentalists, and county officials, cleared Congress as part of the FY'99 omnibus funding bill. H.R.858, which includes $8 million in funding for a five-year pilot project, seeks to improve management and reduce fire hazards in the Plumas, Lasse, and Tahoe National Forests. The US Forest Service is responsible for building a "strategic system" of fuel breaks to reduce the risk of fire on 40,000 to 60,000 acres annually through selective rather than clear-cut logging. In order to make the measure more attractive to the Administration, House Resources Committee Chair Don Young (R-AK) added an amendment to explicitly require compliance with the National Environmental Policy Act, specify the source of money for the project, and bar logging on certain lands. The final version of the bill also expressly bars roads or logging in certain roadless areas, requires the Forest Service to report adverse impacts to the environment, and sets a cap on the project at 70,000 acres per year.

Some Lands Bills Passed by Congress and Signed by President Clinton:

ù H.R.1944 to authorize the three-way Warner Canyon ski area trade among the Forest Service, the US Fish and Wildlife Service, and Lake County, OR.

H.R.1948 to authorize a three-way land exchange to expand Admiralty Island National Monument in the Tongass National Forest in Alaska.

S.308 to direct the National Park Service to undertake a three-year study of grazing in the 309,994-acre Grand Teton National Park south of Yellowstone.

H.R.1019 to adjust the official boundary of the Raggeds Wilderness in the White River National forest in Colorado and instruct the Forest Service to convey less than an acre to several landowners in Gunnison County.

H.R.1020 to adjust the boundaries of the White River and Arapaho National Forests to make the Dillon Ranger District is an official part of White River.

S.750 to consolidate certain mineral interests in the National Grasslands in Billings, ND.

H.R.449 to direct the Bureau of Land Management to sell or exchange scattered tracts of land totaling about 17,000 acres throughout the Las Vegas Valley.

H.R.3381 to reorganize and consolidate the intermingled holdings of the Forest Service and the Big Sky Lumber Company in the Gallatin National Forest in Montana.

S.638 to accelerate the pace of federal acquisition of about 10,750 acres of privately-owned mineral rights within Mount St. Helens National Volcanic Monument.

Some Lands Bills Cleared by Congress and Awaiting President Clinton's Signature:

H.R.3903 to authorize a study of a small hydroelectric power project in the vicinity of Glacier Bay National Park. If the project is approved, the bill also authorizes a land swap to remove the site of the dam from a park wilderness area.

S.890 to transfer about 2,400 acres located in Dutch John, Utah, from federal to private and county ownership.

S.2106 to add about 3,140 acres to the 73,379-acre Arches National Park near Moab, Utah.

S.1333 to allow parks that are not permitted to collect entrance fees to keep all money collect from user fees.

S.2513 to trade jurisdiction of several hundred acres in Oregon between the Bureau of Land Management and the Forest Service and to revise the land trade, exchange, and sale authority of the BLM for its Oregon and California grant lands.

S.1132 to expand the boundaries of Bandelier National Monument in New Mexico.

Some Land Bills that Died in Congress:

S.469 to protect 29 miles along three rivers in Massachusetts - the Sudbury, the Assabet, and the Concord - as scenic and recreational rivers.

The bill had an amendment adding the language of legislation on the Chattahoochee River National Recreation Area.

S.1069 to establish the 6,000-mile American Discovery Trail and create a new category of trails.

H.R.2993 to direct the US Forest Service to continue to maintain a number of dams and weirs in a wilderness area in California.

WATER RESOURCES

Energy and Water Appropriations Bill:

Congress agreed on a $21.3 billion energy and water appropriations bill, rejecting President Clinton's request to slash funds for water development projects, but agreeing not to begin any new water projects in FY'99. The legislation provides $3.96 billion to the Army Corps of Engineers for flood control and water resource development programs and $780.6 million to the Bureau of Reclamation for water projects. The bill allocated $60 million for the Corps' Columbia River Basin salmon restoration efforts.

The Senate gave in to the House's request that funding for the Tennessee Valley Authority be eliminated in FY'99, but conferees later added $50 million back in for TVA during omnibus bill negotiations.

The omnibus appropriations legislation also includes an additional $35 million for the Corps' Columbia River fish mitigation program and an additional $60 million for Department of Energy energy supply programs.

American Heritage Rivers Initiative Survives:

The House failed in its attempt to kill President Clinton's American Heritage Rivers Initiative, a program created to give federal recognition and coordinate federal aid for locally generated river restoration efforts.

President Clinton threatened to veto the bill, which was sponsored by Rep.

Helen Chenoweth (R-ID), and it never went any further. Proponents of the House bill, including a number of GOP members on the House Resources Committee, claimed the Initiative threatened private property and water rights. The President's program also survived attack in the Senate, where members voted 57-41 to table an amendment requiring Congressional approval of the American Heritage River Initiative.

Some Small Water Projects Cleared by Congress:

Congress passed several water resources bills late in the 105th Congress, but President Clinton has yet to sign them. H.R.4079 would allow the Bureau of Reclamation to install monitoring and temperature control devices on the Folsom Dam near Sacramento, California. S.538 would transfer ownership of certain facilities from the Minidoka Water Project to the Burley Irrigation District in Idaho. H.R.3687 would allow the local beneficiaries of the Canadian River Project in Texas to prepay some of the funds due under their contract with the Bureau of Reclamation.

In early September, the Senate voided its earlier passage of S.777 which authorized construction of the Lewis and Clark rural water system to provide safe drinking water for hundreds of small communities in southeastern South Dakota, northwestern Iowa, and southwestern Minnesota.

Water Resources Development Act Killed:

Despite Senate approval, S.2131, a biennial bill to authorize flood control and navigation projects under the US Army Corps of Engineers and make adjustments to flood control policy, died in the House when legislators failed to resolve a dispute over flood control options to protect Sacramento that included construction of the Auburn Dam. House Transportation Committee members preferred the alternative to the dam offered by the Clinton Administration - to improve an existing dam and raise levees in Sacramento - and refused to move the bill.

Congress was able to pass a bill focusing on restoration of the Salton Sea in California. H.R.3267 requires the Bureau of Reclamation to undertake a study of how to reduce and stabilize salinity levels, restore fish and wildlife populations and habitat, and enhance recreation and development potential.

WILDLIFE CONSERVATION

Endangered Species Act:

Continuous behind-the-scenes activities failed to move a comprehensive rewrite of the Endangered Species Act to the Senate floor either as a free-standing bill or as an amendment to the FY'99 omnibus spending measure.

The bill, S.1180, would have established deadlines for finishing species recovery plans and for comments from the Fish and Wildlife Service and the National Marine Fisheries Service on federal actions possibly affecting listed species. The legislation also sought to shift some recovery planning and implementation activities from the federal government to the states.

Environmental groups strongly opposed the bill, saying it would weaken the ESA and reduce protection for species threatened by extinction. Private property groups also disliked the bill because it did not require the government to compensate landowners for endangered species protection activities that diminish the value of their property.

A bill introduced in the House, H.R.2351, failed to move.

National Wildlife Refuge System Management Bill Enacted:

Congress and the Clinton Administration succeeded in coming to an agreement on the definition for the mission and uses of the 92-million-acre national wildlife refuge system. The new legislation is based on a compromise between House Resources Committee Chair Don Young (R-AK), the committee's ranking Democrat, Rep. George Miller of California, and Interior Secretary Bruce Babbitt.

The bill sets as the mission of the refuge system the "conservation, management, and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats." The law recognizes "compatible wildlife-dependent recreational uses involving hunting, fishing, and wildlife observation and photography, and environmental education and interpretation as priority public uses of the refuge system." The decision as to what constituted compatible uses was left up to the "sound and professional judgement of the [refuge] director."

Managing Wildlife on Military Lands:

Congress passed and President Clinton signed into law a bill to reauthorize the Sikes Act, which governs management of fish and wildlife on military lands. The bill applies to approximately 900 military installations covering nearly 25 million acres across the nation. Nearly 100 federally protected species live on military lands. The law was enacted in 1960 to authorize the secretaries of defense, interior, and appropriate state fish and wildlife agencies to develop coordinate management plans for natural resources on military installations. H.R.374 amends the existing conservation plans, which focused only on fish and wildlife habitat, with "integrated natural resource management plans." The bill also contains language to ensure that the Department of Defense manages fish and wildlife resources in a sustainable manner; protects the public's access to those resources for hunting, fishing, trapping, and wildlife watching where appropriate; and implements measures to restore and protect wetlands. Funding for the legislation was set at $13 million annually.

Conservation of Striped Bass Passed:

Legislation to reauthorize the 1984 Striped Bass Conservation Act passed through Congress and was signed by President Clinton, extending the program through 2000. The bill also requires the government to undertake a study of the interrelationships between striped bass and bluefish, both of which are prized by fishermen, and the "forage" fish they consumer, including menhaden and other herring, blue crabs, squid, shad, eel, croaker, spot, and butterfish. These "forage" fish also support valuable commercial fisheries.

The mandated study will look into a number of questions, including whether stripers and bluefish can be abundant at the same time, whether the increased striper population has driven the bluefish population out to sea but has not depleted it, and whether commercial fishing is depriving both species of sufficient food resources.

Some Wildlife Bills Passed by Congress and Signed by Clinton:

H.R.1856 to encourage volunteers to help out at national wildlife refuges.

H.R.1481 to coordinate federal, state, and local fish and wildlife restoration activities in the Great Lakes Basin.

Some Wildlife Bills Cleared by Congress and Awaiting Clinton's Signature:

H.R.2863 to ease regulations defining what constitutes hunting a "baited field," an activity that is illegal under a migratory bird treaty between the US and Canada.

S.2317 to revise the National Wildlife Refuge System Administration Act, including the removal of three areas from the system that have lost their wildlife value.

H.R.2556 to reauthorize the North American Wetlands Conservation Act of 1989 and the 1992 Partners for Wildlife Act.

S.619 to establish the Chesapeake Bay Gateways and Water Trails in the bay's watershed.

H.R.4079 to allow the Bureau of Reclamation to install monitoring and temperature control devices on the Folsom Dam near Sacramento, CA, to aid Chinook salmon recovery.

H.R.4337 to authorize federal assistance for a program to eradicate nutria, a large rodent, in and around a wildlife refuge on Maryland's Eastern Shore.

Some Wildlife Bills that Did not Clear Congress:

S.1970 to require the establishment of a program to aid conservation of neotropical migratory birds.

S.1222 to restore and preserve US estuaries, create a pfieseria research program, and restore the Chesapeake Bay.

S.2095 to reauthorize and amend the National Fish and Wildlife Foundation Establishment Act that included language on the reintroduction of grizzly bears and wolves in Utah, Montana, and Wyoming.

OTHER ISSUES OF INTEREST

Forest Health Legislation:

In May, the House rejected a forest health bill introduced by House Agriculture Committee Chair Bob Smith (R-OR). The rejection effectively killed forest health legislation for the 105th Congress. The bill introduced by Smith, H.R.2515, would have required the Forest Service each year to identify forest areas in need of recovery or protection, decide which areas needed urgent attention, and assume responsibility for projects to restore the health of those areas.

Opposition to Smith's bill focused on the long-standing dispute over the emergency timber salvage program that was enacted by the 1995 recessions bill. Environmental groups argued that the salvage logging program resulted in excessive logging activities that often targeted healthy trees, largely due to the lack of environmental review. The provision in H.R.2515 that called for accelerated salvage logging revived the debate over the salvage logging program, effectively killing the bill. Environmental groups countered that the watershed restoration, prescribed burning, and other fire treatment activities in the bill could effectively be accomplished through existing laws.

Forest Management Hearings:

Senate Energy Forest Subcommittee Chair Larry Craig (R-ID) wrapped up hearings on his comprehensive national forests and public land management legislation last summer. He expects to circulate a revised draft before the 106th Congress convenes. Craig's Public Lands Management Improvement Act seeks to revise the planning process for the US Forest Service and the Bureau of Land Management and to require Senate confirmation for the Chief of the Forest Service. The planning process would be reduced to two levels: land management planning and individual activities. A second Craig bill, S.1254 would also permit states to manage part or all of the federal lands within their boundaries. Environmental organizations argue that the bills, which have gained the support of the timber industry, are nothing more that a wish list for logging companies. The bill would affect management on 192 million acres of Forest Service lands, including the national grasslands, as well as 268 million acres owned by the BLM.

CONGRESSIONAL SCHEDULE

Congress has adjourned for the 105th Congress.

NEWS BRIEFS:

USA Today, Thursday, October 8, 1998 "Clinton Pushes Tighter Rules to Guard Wetlands," by Traci Watson "In a decided victory for environmentalists, President Clinton proposed Wednesday stiffer federal rules for protecting wetlands.

"Clinton's announcement marked the abandonment of wetlands rules proposed only three months ago by the U.S. Army Corps of Engineers, which regulates wetlands. Those proposals had prompted strong criticism from both environmentalists and builders.

"The new rules provide stricter protections for vulnerable wetlands, such as those inside floodplains. The rules also eliminate a proposal to allow builders to destroy up to 10 acres of wetland with little government oversight.

""By thinking twice, we can prevent tragedy and save taxpayer dollars while protecting the environment," Clinton said. Environmentalists praised the new rules. "What the administration is proposing today is, in my view, a pretty significant step forward," said Andrew Caputo of the Natural Resources Defense Council. He cautioned, however, that he had not seen the plan's details.

""We're stunned," said Mike Luzier of the National Association of Home Builders. "The permit process is already cumbersome, tortuous and slow." "The Clinton administration has long vowed to protect wetlands, which include marshes and estuaries. Wetlands absorb floodwaters and filter pollution out of rivers. More than half the U.S. wetlands have been destroyed, and 100,000 acres more vanish per year.

"In July, the Corps proposed a new system of permits for destroying wetlands. The proposal was widely decried, and environmentalists flooded the Corps with negative comments.

The rules announced Wednesday make it more difficult to destroy wetlands.

Under this proposal, many builders will have to go through a rigorous application process before filling a wetland. Projects to require extensive review include:

Master-planned developments, housing tracts that include provisions for environmental protection.

Developments built near "impaired" waters, which could become even more polluted without their wetlands.

Developments built near "pristine" waters, which would lose their wild quality if their wetlands are filled.

Developments built within a river's 100-year floodplain, the area that is expected to flood only once every century.

"The administration will take public comments on the new rules before finalizing them.

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QUESTIONS? Contact Suzy McDowell, Conservation Outreach Coordinator at smcdowell@amrivers.org or 202-347-7550x3040

Legislative information taken from many sources including: Congressional Green Sheets, Environment and Energy Weekly, Greenwire, and Roll Call.

Suzy McDowell
Conservation Outreach Coordinator
American Rivers
1025 Vermont Ave., NW, #720
202-347-7550 x3040