Mr. Chairman, I yield myself such time as I may consume. If this body were a debating society or we were involved in a high school forensics tournament and this bill were the topic of the tournament,…
Mr. Chairman, I yield myself such time as I may consume.
If this body were a debating society or we were involved in a high school forensics tournament and this bill were the topic of the tournament, I would be giddy with happiness every time one of my teams was given the negative side of the debate because there are so many reasons why this bill is a bad bill for policy reasons that it would almost be a rhetorical feast for even the most inexperienced and naive of my high school debaters.
Let me at least start by addressing three of the main problems with this particular bill.
First, this bill is very clearly an abuse of the Wild and Scenic River language. In 1968 when this bill was passed, its purpose was to inhibit dams and locks along rivers so that there could be a free flow of water on rustic rivers. The verb used in that act was ``preservation.'' The goal and purpose was preservation. Not rehabilitation, not restoration, certainly not economic advantage or economic development, but simply preservation. There are some elements of this particular river which have the qualities of a wild and scenic river, specifically the upper parts of the Taunton River. But the lower parts of the Taunton River, what is sometimes called segment 4, are the elements of this river which provide major problems. They are not and do not have the qualities of a wild and scenic river.
You've seen the pictures before. All you need to do is look at the pictures and you recognize this is not the design of a wild and scenic river as envisioned in the 1968 legislation. In fact, the only part of this river that's scenic is the graffiti that's found on the bridges and the human embankments that are part of this river system. The only thing that's wild about this river are the gangs that wrote this graffiti in the first place. These are not the qualities of which we are looking for. In fact, it doesn't take a rocket scientist to realize that if you are floating down this river, it is not a wild and scenic if you can look over and see the local McDonald's right there on the bank.
What we also have is the understanding that this lower portion is supposed to be for recreation. We could believe it would be for recreation if you believe that tugboat races or barge surfing would be considered recreational activities. This is not the kind of material that one would want to find floating in a river for Boy Scout troops to try to paddle their canoes around or by.
This bill simply violates the concept of the wild and scenic river. The wild and scenic river was never intended to go through an industrial park. It was always intended to be water that was surrounded by public lands so that you could control and preserve both the water and the embankment of those public lands, not something that goes through a privatized residential/industrial park.
Also, if you look at section 1 of the act that it specifically talks not only about preservation of the water but the embankment as well, that actually in a real wild and scenic river, the National Park Service is required to take the embankment as well up to a quarter of a mile away and put that aside. Obviously, you can't do this because there is no public land on this lower Taunton River, although the National Park Service does have eminent domain power; so if you really wanted to create a true wild and scenic river, we could probably accomplish that deal if that was really what you are after.
This bill provides economic advantages to some elements but not to others. In 2002 the sponsor and other members of the Massachusetts delegation received an earmark to try to dredge this river, a fact which should disqualify it within the National Park Service criteria in the first place. Yet what it does now when we want to make this a wild and scenic river is simply take the law and turn it on its head. This bill gives current businesses disadvantages and some current businesses advantages, as is clearly illustrated in the newspaper articles that are coming from this area already where people are wanting to know what we do to see how it impacts, positively or negatively, their business operation. And that was never, never, never the intent of the National Wild and Scenic Rivers Act.
Secondly, this is simply an abuse of the system, an abuse of power. In the year 2000, this Congress authorized a study of the Taunton River, the upper Taunton River. The authorization was for the upper Taunton River. The appropriation was to study the upper Taunton River. And yet mysteriously the National Park Service, a system that has millions of dollars of backlog, a system that has 37 studies still in backlog for Wild and Scenic River projects, a system that is always talking about how pressed they are for cash, volunteered in actual disregard to the legislative direction and legislative intent to study something never intended to be studied, never directed to be studied, and spent roughly $400,000 to do it, in total violation to the aspect of Congress and the requirements of Congress.
One low-level employee within the National Park Service felt in some way compelled to violate Federal law to study the wrong part of the river and to spend money illegally to study the wrong part of the river and then in his report had the audacity to say, well, this would be the most developed river we would ever have in this kind of status. When asked why he did that, his response was very simple to us in committee: He did what the river would choose to do if it could speak.
He said that twice. Not only do we have a mid-level bureaucrat who is talking to water, but he is now interpreting the will of water. And if in 2002 it wished to be dredged and in 2008 it wishes to be wild and scenic, this must be schizophrenic water at the same time.
Here is the problem: When the National Park Service came up with their report, they did not come up with one alternative. The sponsor has chosen one of the alternatives to make part of this bill. They call that the ``environmentally preferred'' alternative. But there were two other alternatives
which I compare to the rational and the intelligent alternatives that did not include the lower Taunton River. And, in fact, in this so- called second version that has now become part of this bill, the report said it was problematic that there is no precedent for this kind of action, no precedent for this kind of action, but it does meet political expectations.
Let me give a third reason, and yes indeed, this is an energy reason. The potential LNG port which would be put in Weaver's Cove would have been the largest taxpaying entity. And it was not agreed to to move on so far, but it has not been stopped. This project is still viable until the year 2015. This bill, if passed, is the only way to permanently make this a moot issue.
This language is the language of the report, which simply meant that the current proposal was to be rejected but that they encouraged an additional proposal to try and work out the situational problems to be encouraged. And they gave them the time to do that. The actual report encourages them to review this issue one more time. So it is true that this issue of an LNG port is still on the table. And the only way it can be permanently taken off the table is by passage of this type of bill.
Now why would that impact me because I live in Utah and I really don't care about this river all that much? It is simply because one of the members of the delegation came down on the floor this morning and said that last year 350,000, according to his numbers, individuals in the State of Massachusetts had to be given subsidies under LIHEAP, paid by all the taxpayers of the Nation, because they did not have the ability to handle the energy crisis within their State and that, indeed, heat was not something that was negotiable. However, the problem is, why don't we simply solve the problem by providing the energy there so that you don't have to tell the citizens of Massachusetts to freeze in the dark but solve the problem yourselves?
There was an interesting discussion on the floor during the rule which the gentleman, Mr. Hastings of Washington, was criticized for not having LNG ports in his home State. I wish to simply respond that it was a factual accuracy that has total irrelevance to the issue, because Washington State does not need LNG ports. It has gas pipelines. The entire West is provided by gas pipelines that do not reach to the eastern coast. The only way Massachusetts can step up and solve their own problem is by having not fewer but more LNG ports. That is the only option that is left to them. And this bill does inhibit that particular option.
Now with that are only three of the many reasons why this bill should not be passed, why this bill is poor public policy, why this bill does abuse the statute and change the meaning of the words that were intended for a wild and scenic river, why this bill does disrespect to this body and how we decided to try and do this study in the first place by ignoring the will of Congress and ignoring the authorization and appropriation of Congress and going off on some other particular way. And it does stop any potential improvements of an LNG port on this river which is desperately needed in that part of the country.
Those are only three of the possible reasons. There are others. I'm sure we will hear from those others as this discussion continues on.
I reserve the balance of my time.
I appreciate very much the gentleman from Massachusetts standing up to defend his constituency. It is the right thing to do. It is the proper thing for him to do. It is his job and purpose. But once again, I want him to focus in on the reality of the situation, which is not the quality of the individuals in Massachusetts. It is simply the issue at hand. This, by the way, is that same battleship--assuming there should be a battleship in a wild and scenic river zone--this is the same battleship from the other angle which is decidedly less pristine and much more urbanized.
But the issue at hand that the gentlemen on the other side need to deal with is that the purpose of the act is for preservation, not rehabilitation, not for economic development, which are the very words that were just used. That is not what the Wild and Scenic River Act was ever intended to do. And that is what is going to be done in this particular bill. That is why we are abusing the vocabulary of the Wild and Scenic River Act. And we must focus back in on what we are doing. Indeed, the proposed LNG port is in an existing brownfield, zoned for maritime industrial use. But the issue is for what purpose are the verbs and the nouns in the Wild and Scenic River Act supposed to be implied? And does it apply to the lower Taunton? And the answer is simply ``no.'' It doesn't meet the definition.
With that, I yield 4 minutes to the gentleman from Georgia, unless, Mr. Chairman, you would like us to reserve and then come back.
I yield the gentleman an additional 30 seconds.
Mr. Chairman, I yield myself such time as I may consume.
I appreciate once again the comments that have been made here. I appreciate the defense of constituencies. I appreciate that there is a difference between gasoline that goes in a car and gasoline that heats a home, and LIHEAP does deal with gas that does heat homes.
But once again, the issue is not the same. I want to focus on the issue. The beautiful picture you had here of the park does not qualify for the purpose of a wild and scenic river designation. That is why under the law, you are supposed to take a quarter mile on either side of the river and stop everything from that area. It is already developed. Development does not qualify even under the concept of recreation under the letter of the law.
This bill is bad because the study itself violated the law. Congress told the National Park Service to study the upper river and paid for a study of the upper river which has legitimate merits to it, and instead they studied the lower river in violation of the congressional directive.
Once they wrote their report, they still said it was problematic. There is no precedent for the lower river. It is still the problem of the details of what the river is supposed to be.
The department still recommends not doing this. The National Park Service recommends not doing this until the entire study has been totally completed. So once again we are back to this issue of what does it mean to have a wild and scenic designation?
The upper Taunton River has those qualities. The lower Taunton River does not because the purpose is for preservation, not for economic development, not for creating more urban parks, not for changing the landscape on the sides. It is for the purpose of preserving a river in its native state. That was the purpose of, and that is the intent, and there has never been a proposal to this date that is this far afield from the purpose of the 1968 act. Never. That is why there is no precedent ever for this type of action. That's why this bill should not go forward.
I reserve the balance of my time.
Once again I appreciate the comments from the gentleman, and I would like once again to try and focus on what is indeed the issue. The State of Rhode Island, the State of Massachusetts do, indeed, have coastal zone management acts in which they get Federal money to help maintain the quality of their coastal zones and rivers. The fact that they are cool rivers running in urban areas is wonderful. You can do it, it's great, but not under the definition of this act.
When the gentleman from Rhode Island says you want to put it back to the way it were, it disqualifies it from the concept of preservation of existing facilities and preservation of existing embankments. That's why you have struck too far when you go into the lower Taunton River.
Mr. Chairman, I have letters in opposition to this bill from the Shipbuilders Council of America, as well as from three companies who actually do business on the lower Taunton River who are worried about the kind of economic disadvantage they may be facing that I would like to be placed in the Record.
Shipbuilders Council of America,
Washington, DC, October 29, 2007.
Hon. Bob Bishop,
Ranking Member, Subcommittee on National Parks, Forests, and
Public Lands, Natural Resources Committee, 1329 Longworth
House Office Building, Washington, DC.
Dear Chairman Grijalva: I am writing to express the
opposition of the Shipbuilders Council of America (SCA) to
H.R. 415, legislation to amend the Wild and Scenic Rivers Act
(WSRA) to designate segments of the Taunton River as a
component of the National Wild and Scenic Rivers System.
Specifically, SCA is strongly opposed to the inclusion under
the WRSA of the Lower Taunton River (Segment 4).
The Lower Taunton River does not meet designation criteria
for inclusion in the WSRA. The WSRA requires that a river be
``free flowing'' defined as ``existing or flowing in a
natural condition without impoundment, diversion,
straightening, rip-rapping, or other modifications of the
waterway''. There is today significant industrialization
along Segment 4 of the Taunton River including bridges, a
power plant, sewage plants, marinas and shipyards, and
granite bulkheads. In addition, this portion of the Taunton
has been federally dredged for more than 125 years.
The SCA does not oppose designation under the WSRA of the
upper portions of the Taunton River. However, inclusion of
the Lower Taunton will harm existing businesses and
jeopardize crucial industrial jobs.
SCA is the national association representing U.S.
commercial shipyards. SCA represents approximately 40
shipyard companies that own and operate more than 100
shipyards on all three U.S. coasts, the Great Lakes and
Hawaii. SCA member yards employ more than 30,000 shipyard
workers. Our companies build, repair and maintain America's
commercial fleet as well as small and mid-sized vessels for
the U.S. military and other government agencies. SCA member
yards also repair and maintain Navy combatant ships.
Sincerely,
Allen Walker,
President.
Mr. Chairman, once again, I appreciate the fact that the gentleman from Massachusetts, his views may have evolved. The law has not. We are a nation of laws, not what we wish it to be, but what the law is.
I reserve the balance of my time.
Mr. Chairman, I reserve the balance of my time.
I will be happy to close when you are ready.
Mr. Chairman, I appreciate once again the discussion that we have had here today.
The gentleman from Massachusetts, who is the chairman of a very important committee, does a great job, charming, witty, one of the funniest Members we have in Congress, actually said what my close was going to be. Someone once asked me, why do I care about this? I'm from Utah. I don't care about this river in Massachusetts.
And you're right. I really don't. I didn't get involved in this issue by choice. The gentleman introduced a bill that had to come to my committee.
But the reason that I do care is because exactly what the gentleman from Massachusetts said. We are attempting, in a vote, by a majority vote, to change the definition of law.
When I was in college, I had a professor that told me that all those men that went to the Constitutional Convention had baggage that they took, which meant they had a common educational, classic educational system. They understood what they were talking about. They went back to the concepts of Aristotle, who loved to make
definitions of everything. He said government was of the one, the few, and the many, and it could be either good or bad depending upon the attitude of those who were empowered to govern.
Government that was good is a government where the people, the leaders of that government, cared about the individuals and were self- sacrificing. Government that was bad is where the people didn't care and they tried to make things for themselves.
Then he gave definitions to that. So a government of one that was good was a monarchy, called a monarch back then, that's positive. Government of one that was bad was a tyranny. It is no coincidence that Thomas Jefferson, when he wrote the Declaration of Independence, of all the terms he could use to describe King George called him a tyrant, because it harkened back to their common understanding of classical literature and everything that Aristotle wrote.
The government of the many that was good, he called a polity. The government of the many that was bad, bad intentions, bad mindset, he called a democracy.
That's one of the reasons why we very seldom used the term ``democracy'' for the first 150-plus years of this country. The idea was that the worst form of government is one in which by a majority vote you can either take property from someone else and redistribute it or you can change the definition of the law--by a majority vote.
And that's why I object to this bill, because that is exactly what we are trying to do. The language of the original act is still clear and has not been changed. The language is clear, and that's why the Park Service did say that this proposal for the lower Taunton is without precedent, that it is problematic, that it does have its problems, because the law and the words of the law need to have a meaning. The law gives us guidelines. It gives us parameters. It protects the minority at the same time it directs the majority.
It's just like if we ever come to a point of time where by a majority vote we can come in here and change the meaning of the law, we have moved to the time where we are back with Petrucchio and Bianca, where the sun is the moon and night is day and by a majority vote we can accomplish it, and that is why I am so opposed to this bill because it is exactly what the gentleman said and exactly what we are doing.
By a majority vote, we are going to change the definition of wild and scenic rivers. By a majority vote. So I really don't care if you want to do this, if it's nice, if it enhances the attitude of any kind of urban area, it is not explicit with the letter of the law and with the spirit of the law, with the understanding of the law, which is why you are supposed to take a quarter mile of an embankment on either side of the designation and keep it free from development, for preservation purposes, not economic discovery and not economic development.
I have great concerns, and I have expressed this many times, with the process that we have. At no time in the debate on this floor have we had more than perhaps a half dozen Members who have heard the debate and participated in it, perhaps a larger number are listening, but what will soon happen is we will call for the vote on this bill, and through those doors will come 300 Members who have not heard the debate and do not understand the issue of this bill. They will look up on the screen and say, it's an issue, it's a bill for Mr. Frank, and they will say, I like him. He may be of my party. I'll vote for him. He's an influential chairman. I'll support him. He is a very nice person. He is a very funny person. He is probably the best debater we have on the floor, and I'll vote for it.
But that is not the reason, and that is not a rationale for changing law by vote instead of changing the words. Words have meaning.
And if we ever deny that words have meaning, we no longer have the rule of law. All we have is what Aristotle warned and threatened and criticized that our attitude is going to be what drives us in the future, not what we should do, but what we want to do at the time.
So, yes, it is important what the 1968 bill says. Yes, it is important. Yes, the upper Taunton River has all the qualities for which the gentleman wants. And, yes, the lower Taunton River does not. I don't care whether you are talking about LNG ports or not, it doesn't meet the qualifications of a wild and scenic river.
Until we change the law, we should not, by a simple majority vote on this bill, try and change the definitions of those words. That is why I, from Utah, care about this river.
Because if we can change the meaning of the Wild and Scenic Rivers Act by this vote, there is no river in America that is not in danger of being made wild and scenic if you have enough votes to do it. There is no law that can stand if you have enough votes to do it, which is why this is supposed to be a republic, why the words have meaning and the words of the law are significant and important.
That's why I beseech the handful of Members of this floor who actually are listening to this debate to please understand the rudiments of this debate and the significant issue that we are doing right here. That's why we are making this significant. That's why we are putting this. That's why I am opposed to this bill.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I have an amendment made in order under the rule.
Once again, I appreciate the discussion we have had on this bill. I think that is perfunctory. We have to say that. But let's once again make common the facts of this particular bill.
The Department, the National Park Service, has not supported this bill. They have asked that we refrain from it until the study is final. They have also, though, in that study, given options, three different options of what to do with this river. This bill happens to take the worst of the options, an option that has no precedent, an option that is problematic.
My amendment makes this a legitimate bill. The area to which I object, the area that does not meet the standards of a wild and scenic river, those areas I am asking to be removed. The Upper Taunton River, that is the area this Congress, in the Year 2000, mandated the study and paid for a study, and that what the study should have done, has those wild and scenic qualifications that match the law.
That is my amendment, to remove the offending sections of this bill and limit just to those which meet the meaning of the words in the law.
I reserve the balance of my time.
Let me continue to reserve until we are done.
I am prepared to close whenever the gentleman from Massachusetts is.
I appreciate that. And to be honest, I anticipated going first in the closing of this, so the gentleman from Massachusetts could have had the last word. So I will try and be kind with that.
But to be very honest with you, Mr. Chairman, it doesn't matter how many property owners may or may not object to it. Under our constitutional system of laws, if there are three people with property rights, they must be respected. It doesn't matter how many dislike it. They must be respected.
The gentleman has very nice people in his district. I am positive. Look who they elected. But that is not the issue. The issue is the language of the law. The language in section 16 talks about free- flowing rivers, natural waterways, existing and flowing in a natural condition. There should not be low dams, diversion works or other minor structures at the time the river is proposed.
This ain't minor structures. This is a large urban development. It does not meet the definition of those terms. We say it over and over again.
It is not the House that is denying the constituents the right to have this designation. The State of Massachusetts could do the same thing if you just used local ordinances and State authority. It is not the House that will be denying them. It is the law that denies them. It is the law that does not allow this lower river to meet definition of wild and scenic rivers. Period.
Pass the amendment, and I can easily and happily support the bill because if you pass the amendment, the parts that do qualify as wild and scenic rivers will be included as wild and scenic rivers, and the parts that do not qualify will be exempt.
I yield back.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I claim time in opposition, though to be honest, I'm not in opposition to this amendment.
The words of this amendment are hauntingly familiar. As Yogi Berra would say, ``It's deja vu all over again,'' but I don't like to use cliches that are that old. However, this amendment is a wonderful, positive, good amendment. It's been mine up until the last couple of bills.
I like this amendment. I am proud that the gentleman from North Carolina has seen conversion to this point of view. To be honest, in our committee, on H.R. 1528, this same amendment, you voted against. I'm happy for your conversion. I welcome you over to the side of truth, right, and justice and where words have meaning.
For that reason, we are more than happy to accept this amendment. We will be supportive of this amendment. It's the right thing to do. It's the positive thing to do. It's brilliant verbiage because, to be honest, we wrote it a long time ago.
I yield back the balance of my time.
Mr. Chairman, as Mr. Pearce's designee, I offer amendment No. 3 made in order under the rule.
Thank you, sir. If I had known we were having a vote on the last one, I might not have fished for the first one.
It's a wonderful opportunity for me to introduce this particular amendment from the gentleman of New Mexico who spends so much time in this area and understands it so well. We're facing, obviously, an energy crisis in the United States, and we do have a dearth of solutions that have been forthcoming in this particular body. And we have repeatedly passed legislation that actually has, over the last 30 years, restricted access, limited our resources.
This amendment is once again simple. It calls upon the Secretary of Interior to provide us the full accounting of the resources this bill may take away from the American people. Simply, the Secretary of the Interior, in consultation with the Secretary of Energy and private industry, if it remains, shall complete and submit a report accounting for the energy resources withdrawn from future development by designation of this land and waters included in the Taunton River bill. Specifically, the report shall identify, among other sources, the amount of geothermal, wind, solar, biomass energy and any impact on electrical transmission.
The amendment is simple. If Congress is acting to take energy resources away from the people, we should know if there is a true impact by these actions.
I would urge your support of Mr. Pearce's well-thought-out and significant amendment.
I reserve the balance of my time.
Mr. Chairman, I would suggest a wise choice of action, and I will yield back my time.
Mr. Chairman, I rise to claim time in opposition, kind of.
I think the other side of the aisle will be happy to know that this amendment does nothing to prevent a proposed LNG port in the Taunton River. The legislation does, but the amendment does not. I'm not really sure exactly what the amendment does. About the most you can say is it doesn't appear to do anything negative, and for that purpose I will be happy to support this amendment, because at least it recognizes that energy is important, and that's an excellent first step. A curious one, I admit, but an excellent first step, especially if it's accepted by those who are supporting the underlying legislation without the first Bishop amendment to be added to it.
It is curious also to understand what domestically produced energy source will come in this particular area unless maybe you actually do have the Park Service use their eminent domain power and actually condemn all of the land a quarter mile from either side of the river in the way a real wild and scenic river should be done. But let's see what happens.
An LNG port, if it was actually produced there, would be able within 3 years, according to best estimates, to reduce the amount of energy needs for the people that live in this area by 10 percent or more, just from this one port. But the issue at hand is not domestically produced energy because an LNG port does not bring in domestically produced energy. It's all coming from abroad.
The countries that produce LNG are Australia, Trinidad, Malaysia, Algeria, Nigeria, Oman, Brunei, Qatar, with other developments in Norway, Venezuela, Egypt, Bolivia, Peru, Angola, Equatorial Guinea, and Russia.
It is true that some is produced in Alaska, which I don't know if the gentlelady actually accepts that as part of the United States, but that doesn't go all the way around to the east coast. That stays up here in the West.
That's the issue. So I accept this amendment, but we're actually talking not about domestic production. The LNG port was about foreign production coming in to the country, but because it at least addresses the issue that energy is important, I'm happy to accept it.
I yield back.