Mr. Speaker, I am actually saddened to rise today on this particular bill. The 16 heritage areas that are either existing or proposed, many of them are very good, things that I would readily support.…
Mr. Speaker, I am actually saddened to rise today on this particular bill. The 16 heritage areas that are either existing or proposed, many of them are very good, things that I would readily support.
Unfortunately, they have been packaged into what the government book my high school students read called ``A Christmas Tree'' in a very real way, in which bad proposals can be packaged around the few good proposals that are in here in hopes that people will tolerate the bad in hopes of getting a favorable recommendation from the good. My State and most State legislatures would never have tolerated this type of bill. This bill would be split up in our State so that each proposal would stand on its own merits and go up or down. Unfortunately, we do not use that procedure here. We ought to, but we do not.
Even in areas where something like an appropriation can be justified by lumping things together, in an authorization, it should not. That is why I rise in opposition to H.R. 1483.
When this bill was originally introduced, it was to reauthorize nine heritage areas, giving each an additional $10 million. Since the reauthorization on these nine original areas doesn't lapse until 2012, 5 years hence, it is interesting why we are taking the time now to revisit these particular areas. Even though some of these areas are simple technical corrections and changes, for most it appears that the reason we're doing it again is because they have gone through their money and they want more.
It is difficult when the process of a heritage area is supposed to become self-sufficient. It is an affront to heritage areas that are trying to become self-sufficient and break themselves from Federal dependence.
In 1994 when these same nine areas were being discussed, the Democrat hero of heritage areas, the advocate, the chairman of the then subcommittee, the late Bruce Vento stated: ``There is a limit to the length of time or the amount of money the Federal Government can be in a heritage area.'' Not totally grammatical, but you get the point of what he was trying to say.
He went on to say: ``In 10 years, we are out of there. Then they are on their own and we get the benefit of that conservation.''
Thirteen years later, that has not been the case. In fact, it has been said that for every dollar spent on these heritage areas, there is $10 to $20 from the private sector that comes back. It sounds like a great return on our investment if it could be independently verified.
In fact, during the hearings on this bill, the National Park Service testified that no heritage area has become self-sufficient. Unfortunately, it gets worse.
The Heritage Area Alliance, the association which represents all heritage areas, has told us in committee hearing that they should never become self-sufficient and they should always rely on continuous Federal appropriations for every heritage area. In fact, the Heritage Area Alliance has become a cottage industry where groups get grants from the Federal Government to go around telling other people how to get more grants from the Federal Government. And this performance we are now wishing to reward. While a public-private partnership can yield positive results, this program has taken on a life of its own.
In the Resources Committee, the bill was amended to cut back additional funds to existing heritage areas from $10 million to $5 million. I compliment Chairman Grijalva for his amendment and the chairman of the full committee for accepting it. It is like taking the balls off the bottom branches of the Christmas tree so the cat won't play with them.
And after taking that positive step, they reverse course and tacked on six new heritage areas. They have had hearings, but in fairness, only one has gone through the regular order that the chairman of the full committee established when we first met this year.
The Democrats also decided to make changes that were never part of the hearing. The new heritage areas will now receive $15 million each, up from the $10 million that they requested. It is great and lucky to receive a 50 percent bonus without asking for it. This gracious move by the Democrats means the total cost of this bill is now $135 million. Some of our committees thought that was a paltry sum. But $135 million is the total annual Federal income tax paid by 33,276 middle-class taxpayers. And this is how we are being responsible for their particular money.
We have some problems concerning some of the subtitles included in this new omnibus Christmas tree bill.
A journey through Hallowed Ground Heritage Area has been diligently sought by my colleague from Virginia (Mr. Wolf). I commend him for his dedication to this cause, and there is much of his proposed area that I like and I applaud. However, one of the problems still is there are issues that still persist. There is both support and opposition within this proposed area. Two of our colleagues have asked their particular congressional districts be removed from this designation. In committee, an amendment was offered to remove their districts, but it was rejected. And because this is a closed
rule, our colleagues do not have the opportunity of coming down here and on the floor of the House presenting their reasons why they wish to be withdrawn from this particular district.
We should not take Federal designations lightly. When we create a Federal designation, a Member who is opposed to that should be respected in his particular wishes. We were told this would disrupt the continuity of this heritage area. Well, this heritage area spans four States and it is supposed to still be locally operated. One must ask how a Virginia-based management entity will represent the local interests of four States. It is a legitimate question, but the bottom line is we still should respect our colleagues' privilege to represent their constituencies.
There has been criticism that private property protections in this bill are inadequate. The majority claims that the protections in this bill are sufficient because it states that participation is voluntary. Voluntary.
If two of our Members want to voluntarily opt out of this particular bill and are not allowed to do so, how will any property owner sitting in one of these new proposed districts get any kind of confidence that they are safe when it is not voluntary for any Member to remove their districts from these types of recommendations?
In the Resources Committee, I offered an amendment that would have simply provided for the right of private property owners to withdraw their land from a heritage area boundary. This is the exact same provision that has been on the 12 prior heritage areas. This is the same provision that Mr. Wolf added in his bill and was taken out by the committee even though he objected to the removal of that language from his own particular provision. Why are we treating these heritage areas different than the precedent we established for the other heritage areas? It is not an additional burden to the management. It would go a long way to assuring constituents that their rights would be protected. Unfortunately, the amendment was defeated again because the Democrats claim that their language was sufficient, an argument that has proved inaccurate on other occasions. In light of the infamous Kelo decision, we need to be extra cautious in the House when we deliberate on property rights.
The other side will claim that there is no risk to property rights. While I hope that is correct, we need to be very sure because boundaries have a consequence, or why should we have them. Proponents of this bill on the one hand say we need boundaries to protect historical properties, but on the other hand there is no regulatory authority. You can't have it both ways. It is an invitation to lawsuits. We have already seen cases brought forward based on these recommendations. I would point my colleagues to Pogliani v. United States Corps of Engineers. It has already happened that lawsuits have been filed to discontinue actions based on inclusion in a heritage area. The right to opt out of the boundary we proposed would have prevented this type of situation in the future.
In some respects this legislation is simply not ready for prime time. The Muscle Shoals proposal, which is another one I like a lot, I think it is good, but it has not yet completed a feasibility study. In other words, we don't have the assurance this heritage area could get off the ground before we wish to actually make the check for it.
We were promised in this particular bill that there would be a map included. If you see in the self-executing rule of the Rules Committee, they have put a number in place that used to be blank. A small little detail. But we have not been provided with a map of what the boundaries of this new heritage area actually are. So how can we tell people they can be voluntarily in or out of it when we don't even know yet what the boundary levels are? No wonder this has become a closed rule.
There is another area in this bill that was created, a Niagara Falls region, at the behest of the very powerful chairwoman of the Rules Committee, Ms. Slaughter. Proponents claim it is needed to protect the falls. Protect the falls from what? What potential harm to the falls can be protected by the provisions of this particular bill? Remember, proponents say there are no restrictions or regulations imposed. Perhaps the totally unique commission that is established in this portion of the bill that has the Secretary of the Interior creating a new entity and staffing it with Federal employees and paying for it can finally answer that particular question. There is little more in this particular provision than using the National Park Service to conduct economic redevelopment projects. The Park Service does not have the expertise, or the funds, or the desire to be burdened with this subject.
At the center of the economic development plan for Niagara Falls is a new casino. Niagara Falls, honeymoons, gambling, there may be a nexus there somewhere for us. But while the State of New York has the right to pursue casinos and help their development, it is inappropriate to use national heritage areas to promote the casino. An amendment was offered when the Niagara Falls heritage bill originally went through the committee to put a firewall between the Federal funds in this bill and the casino. Committee Democrats rejected again this simple amendment. Whatever my colleagues feel on the issue of gaming is irrelevant. We should all agree, though, that this is not an appropriate use of Federal funds, especially when one area is given an advantage over the other.
Finally, concerns have been raised that these heritage areas and their boundaries may be used to impede the placement of energy transmission lines. While this may not be the full intent of the sponsors, we must proceed cautiously before we further damage our ability to keep up with the demand for energy. The grid is already heavily taxed, and it would be a tragedy to see blackouts as an unintended consequence of these designations.
Mr. Speaker, because we do not have an opportunity to improve this bill via amendment as a result of the closed rule, I have to urge my colleagues to oppose this legislation, unfortunately.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am happy to yield 3 minutes to the sponsor of this particular bill, the gentleman from Ohio (Mr. Regula), at the conclusion of which it would be very nice if the other side would have additional time for him because he's supporting your side.
Mr. Speaker, I'd also like to yield the gentleman 1 minute of our time as well.
(Mr. LaHOOD asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 3 minutes to the gentleman from Virginia (Mr. Wolf), once again speaking in favor, and I would ask maybe perhaps the other side would be a little bit more generous than the last time with their giving him some additional time.
Mr. Speaker, I am pleased to yield 7 minutes to the gentleman from Maryland (Mr. Bartlett).
(Mr. BARTLETT of Maryland asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I submit for the Record a letter signed by 110 organizations interested in property rights who are opposed to this particular bill, including such groups as the Taxpayers Union, a supervisor in the affected area, Property Rights Foundation of America, Family Research Council and a mayor in my district.
Coalition Letter Detailing Risks of National Heritage Area Designation
The following letter--signed by a diverse group of more
than 110 organizations, elected officials and citizens--was
delivered on September 4 to Senate Majority Leader Harry
Reid, Senate Minority Leader Mitch McConnell, House Speaker
Nancy Pelosi, House Minority Leader John Boehner, Senate
Energy and Natural Resources Committee Chairman Jeff
Bingaman, Senate Energy and Natural Resources Committee
Ranking Member Pete V. Domenici, House Committee on Natural
Resources Committee Chairman Nick Rahall, House Committee on
Natural Resources Ranking Member Don Young as well as all the
members of the House and Senate Natural Resources Committees.
Dear [Elected Official]: The U.S. Supreme Court ruling in
Kelo v. City of New London ignited a national outcry against
government abuse of property rights. The ``bridge to
nowhere'' and other wasteful programs triggered angry
protests against the practice of earmarking National heritage
areas are the Kelo decision and earmarks rolled into one.
National heritage areas are preservation zones where land
use and property rights can be restricted. They give the
National Park Service and preservation interest groups (many
with histories of hostility toward property rights)
substantial influence by giving them the authority to create
land use ``management plans'' and then the authority to
disburse federal money to local governments to promote their
plans.
As a March 2004 General Accountability Office report on
heritage areas states: ``[National heritage areas] encourage
local governments to implement land use policies that are
consistent with the heritage areas' plans, which may allow
the heritage areas to indirectly influence zoning and land
use planning in ways that could restrict owners' use of their
property.''
The proposed ``Journey Through Hallowed Ground National
Heritage Area Act'' provides a good case study on how
heritage areas can be self-perpetuating federal pork and
influence projects. The chief lobbying organization for this
heritage area, the Journey Through Hallowed Ground
Partnership, received a one million-dollar earmark in the
2005 federal transportation bill at the behest of Members of
Congress sponsoring legislation to establish this heritage
area--an earmark that was granted before the organization was
even incorporated. A million-dollar earmark thus was issued
to help create a steady stream of future pork, at the expense
of the rights of local landowners.
We believe zoning and land use policies are best left to
local officials, who are directly accountable to the citizens
they represent. National heritage areas corrupt the principle
of representative government and this inherently local
function by giving unelected, unaccountable special interests
the authority to develop land management plans and federal
money with which to finance their efforts.
Once established, National heritage areas become permanent
units of the National Park Service, and as such, permanent
drains on an agency that currently suffers a multibillion-
dollar maintenance crisis. According to the GAG, ``sunset
provisions have not been effective in limiting federal
funding [for National Heritage Areas]: since 1984, five areas
that reached their sunset dates received funding
reauthorization from the Congress.''
Supporters of new heritage areas have the public will
precisely backward: Americans want stronger property rights
protections and less pork-barrel spending--not more earmarks
to programs that harm property rights.
Please do not support the creation of additional national
heritage areas or federal funding for heritage area
management entities, support groups, or groups that lobby for
or advocate the creation of new heritage areas.
Sincerely,
David Ridenour, Vice President, National Center for
Public Policy Research; J. William Lauderback,
Executive Vice President, The American Conservative
Union; John Berthoud, President, National Taxpayers
Union; Paul Poister, Executive Director, Partnership
for the West; Larry Pratt, Executive Director, Gun
Owners of America; William Niemeyer, Mayor, City of
West Alton, MO; Ryan Ellis, Executive Director,
American Shareholders Association; Peter Flaherty,
President, National Legal and Policy Center; Steve
Snow, Supervisor, Loudoun County, VA; Carol W.
LaGrasse, President, Property Rights Foundation of
America; Paul M. Weyrich, National Chairman, Coalitions
for America; Tom McClusky, Vice President of Government
Affairs, Family Research Council; Jay Lehr, Science
Director, The Heartland Institute; Jim Martin,
President, 60 Plus Association; Bill Moshofsky, Vice
President, Oregonians In Action; Niger Innis, National
Spokesman, Congress of Racial Equality; Gregory Cohen,
President and CEO, American Highway Users Alliance.
Richard Falknor, Executive Vice President, Maryland
Taxpayers Association, Inc.; Linda C. Runbeck,
President, American Property Coalition; Thomas K.
Remington, Managing Editor, U.S. Hunting Today; Fred L.
Smith, President, Competitive Enterprise Institute;
Matt Kibbe, President, Freedom Works; Mychal Massie,
Advisory Council Chairman, Project 21; Steve Baldwin,
Executive Director, Council for National Policy Action,
Inc.; Caren Cowen, Executive Director, New Mexico
Cattle Growers' Association; Randy T. Simmons, Mayor,
Providence City, UT, Professor, Utah State University;
Donald E. Wildmon, Founder and Chairman, American
Family Association; Leroy Watson, Legislative Director,
National Grange; Kelsey Zahourek, Executive Director,
Property Rights Alliance; Roy Cordato, Ph.D., VP for
Research and Resident Scholar, John Locke Foundation;
Tom DeWeese, President, American Policy Center; Rachel
Thomas, Property Rights Advocate, Huachuca City, AZ;
Rose Ellen Ray, Treasurer, Citizens for Property Rights
Loudoun County, VA.
Paul Driessen, Senior Policy Advisor, Center for the
Defense of Free Enterprise; Maxine Korman, Korman
Ranch, Hinsdale, Montana; Gerald Hobbs, President,
Public Lands for the People; John Grigsby, Vice
President, Taxpayers for Accountable Government; Don
Parmeter, Executive Director, American Property
Coalition; Leo Schwartz, Chairman, Virginia Land Rights
Coalition; Pat King, Anvil Ranch, Tucson, AZ; Tom
Borelli, Ph.D., Portfolio Manager, Free Enterprise
Action Fund; John and Connie Morris, Members, Tongue
River Watershed Alliance, and MT and WY Farm Bureaus;
Brad VanDyke, Representative, Rural Utahns for Local
Solutions; Jerry Hamilton, Environmental Coordinator,
Formation Capital Corporation; F. Patricia Callahan,
President and General Counsel, American Assoc. of Small
Property Owners; Lew Uhler, President, National Tax
Limitation Committee; Jon Caldara, President,
Independence Institute; Dan Byfield, President,
American Land Foundation; John Taylor, President,
Tertium Quids.
Susan Carlson, Chairman and CEO, American Civil Rights
Union; Gary Palmer, President, Alabama Policy
Institute; Lenore Hardy Barrett, State Representative,
Idaho; Jonathan DuHamel, President, People for the
West-Tucson; Jack and Patricia Shockey, President and
Director, Citizens for Property Rights; Fred Grau,
Executive Director, Take Back Pennsylvania; Mike Dail,
Chairman, American Land Foundation; Chuck Cushman,
President, American Land Rights Association; James
Stergios, Executive Director, Pioneer Institute; Deneen
Borelli, Fellow, Project 21; Marilyn Hayman, Chairman,
Citizens for Responsible Zoning and Landowner Rights;
C.J. Hadley, Publisher/Editor, Range Magazine;
Elizabeth Arnold, Grassroots Consultant, Environmental
Community Outreach Services, Juneau, AK; Greg
Blankenship, President, Illinois Policy Institute; Bill
Wilson, President, Americans for Limited Government;
Jane Hogan, Secretary, Ontario Hardwood Company, Inc.
Katherine Lehman, President, People for the USA Grange
#835; Howard Hutchinson, Executive Director, Coalition
of Arizona/New Mexico Counties; C. Preston Noell III,
President, Tradition, Family, Property, Inc.; Dr.
William Greene, President, RightMarch.com; Leo T.
Bergeron, President, Upper Mid-Klamath Watershed
Council; Eugene Delgaudio, President, Public Advocate
of the U.S., Inc.; Leri M. Thomas, Ph.D., Charter
Member, Virginians for Property Rights; John
McClaughry, President, Ethan Allen Institute; Richard
O. Rowland, President, Grassroot Institute of Hawaii;
James W. Jarrell, Sr., Board Member, Virginia Bear
Hunters Association; Erich Veyhl, Publisher, Maine
Property Rights News; Dane vonBreichenruchardt,
President, U.S. Bill of Rights Foundation; Mark
Williamson, Founder and President, Federal
Intercessors, New Mexico Federal Lands Council, New
Mexico Wool Growers, Inc.; Beth Machens, Board of
Aldermen, City of West Alton, MO .
Janet M. Neustadt, Board of Aldermen, City of West Alton,
MO; William J. Richter, Board of Aldermen, City of West
Alton, MO; Deborah Anderson, Treasurer, City of West
Alton, MO; Susan Silk, City Clerk, City of West Alton,
MO; Charlotte Meyers, Assistant Administrator, City of
West Alton, MO; Ora B. Anderson, Jr., Planning and
Zoning Commission, City of West Alton, MO; Ray
Ponciroli, Board of Aldermen, City of Portage, MO; Army
Ridenour, Director, Americans for the Preservation of
Liberty; Bruce Colbert,
Executive Director, Property Owners Association of
Riverside County, CA; Randall and Ruth Lillard, Farmers
and Landowners, Madison County, VA; Joyce Morrison,
Farmer and Agricultural Environmentalist, Fieldon, IL;
Donald Castellucci, Jr., Councilman, Town of Owego,
Tioga County, NY; Milari Madison, Property Owner,
Loudoun County, VA; Robert L. Sansom, Farmer and
Landowner, Madison County, VA; Mary E. Darling,
Sonoita, AZ.
James Vadnais, Port Angeles, WA; Floyd Rathbun, Fallon,
Nevada; Steven and Peggy Breen, Boise, Idaho; Peggy
Bogart, Access Advocate; Dan Goulet, Portland, OR;
Susan Freis Falknor, Bluemont, VA; Harold L. Stephens,
Member, Citizens to Protect the Confluence; Jerry
Fennell, Chairman, Jicarilla Mining District; Bonner R.
Cohen, Ph.D., Senior Fellow, National Center for Public
Policy Research; Judy Keeler, Secretary, Bootheel
Heritage Assoc. (Animas, NM); Alexandra H. Mulkern,
Mechanicsville, MD; Lee Riddle, Brookings, OR; Stephen
L. Ralston, Columbia, PA; Mark Pollot, Boise, ID; Billy
Jean Redemeyer-Roney; D.J. McCarthy, Civil Engineer;
Clifton McDonald, Needles, CA; Kirk and Jeri Hansen,
Clayton, ID; Suzanne Volpe, Sterling, VA.
With that, I reserve the balance of my time.
Mr. Speaker, the GAO report that was just referenced, it is one of those unique things, not wishing to actually criticize the Federal Government for what they do, but in the entire report, not one property owner was interviewed, not a single property attorney was interviewed, nor a Realtor, nor appraiser, nor a local zoning official. Simply put, the report neglected to ask those who actually know what the impact of a heritage area has on the property rights and values of their land.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I would like to yield an additional 2 minutes to the sponsor of this particular bill, the gentleman from Ohio (Mr. Regula).
(Mr. REGULA asked and was given permission to revise and extend his remarks.)
Do I understand you have no more speakers?
Then I'm prepared to close as well, if that's okay.
Mr. Speaker, as I said at the very beginning of this particular debate, on this particular bill there are elements of this bill that I fully support and I think are wise, good moves forward. There are some things in there that simply are not.
We have talked a lot and heard a lot about some of the better parts of this bill. However, we're talking about heritage areas. And I'm sorry, in all due respect, a casino as a heritage area for Niagara Falls? Those are some of the stretches that we have in this particular element.
When we had our committee hearing, there were several people that were talking about the need for these new heritage areas. One particular individual who was testifying told of the importance of having this Federal designation, so I tried to zero in on that and ask what it is specifically about this designation that cannot be done by the local levels, by State government, the local entity. Give me one thing that cannot be done that only the Federal Government can do. There was not one element that was given until somebody behind him simply answered that the correct answer is there are 15 million reasons why you have this designation, and each one has a portrait of George Washington on it.
We have all been lobbied on this bill, even though lobbying is not allowed in this bill. We have tried to put amendments and provisions of these parts that would clarify, clarify that lobbying could not be used by this Federal money going to these entities, and yet the chairman's argument against this, well, it would be making it too difficult for heritage areas to then ask for money. Had we not had a closed rule, some commonsense changes as, for example, where the map actually is, should there be lobbying allowed, should there be real protection for private property owners, should we actually define what these are, they would have been allowed to be discussed and at least voted on this particular bill. Unfortunately, the Rules Committee cut out that opportunity, and now we're here with a closed bill.
Many of my colleagues who do not serve on the Resources Committee may not be aware that the Department does not support these bills. On each and every heritage area that we've had recommended to the committee, the Department has asked the committee to defer action until a criteria for heritage areas is established. And I can see why some deferment makes sense. Perhaps we wouldn't be here debating heritage areas that have not yet finished their feasibility studies or had their maps prepared had we listened to that advice.
A lot of good things, but this is still a classic Christmas tree with a lot of bad things that are hidden by the good ones.
I urge my colleagues not to support this omnibus lands bill, this Christmas tree of lands bill, simply because there are too many bad things that need to be fixed before it moves on.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I offer a motion to recommit.
Yes, in it's current form.
Thank you, Mr. Speaker.
This particular motion to recommit ensures that the rights of State and local governments within heritage area designations will be able to regulate hunting and that it will be unharmed by this legislation.
This bill currently provides that heritage area designations shall not diminish the right of States to regulate hunting, but it is silent on the issue including the right to carry firearms.
The motion to recommit also clarifies that laws regarding fishing and possession or use of a weapon or trap shall be governed exclusively by States and localities.
The second amendment is a critical right. We want to protect our constituents against consequences of this legislation that could harm that right.
National parks have regulations that limit hunting and the right to carry or possess firearms even in States and localities where it is legally permitted. The text you see to my left is title 36 for the National Park Service Department, and this is the language that would prohibit in heritage areas those rights that even are currently allowed by State and local legislation.
These regulations harm wildlife and the environment because even local wildlife management officials are impeded in their work.
Before any attempt is made to restrict the rights of gun owners and second amendment defenders, this motion to recommit protects their legal existing rights now and in the future. It is important that it be said and be said clearly.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, will the gentleman yield?
As I am sure the distinguished gentleman from West Virginia knows, each and every one of the divisions within the Department of the Interior has different sets of rules and regulations. BIA land would not be a problem. A national park designation would be. So any of these heritage areas that were under the direction of the National Park Service, and there are some within this new bill, would fall under title 36. That's why this legislation desperately needs to be there,
the same amendment that we actually did present at another time in one of our committees.
So, yes, it's still significant. It's still important. It needs to be there to clarify specifically. If the intent is not to change what has been happening by the locals, this clearly sets in all these areas what has been local will continue and State and local regulations will have precedence.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, I demand a recorded vote.