Mr. Chairman, will the gentleman yield? The gentleman is correct. I look forward to working with the gentleman from Virginia to find a way to appropriately implement the E- Government Act as we move towards conference. Mr. Chairman, I rise…
Mr. Chairman, will the gentleman yield?
The gentleman is correct.
I look forward to working with the gentleman from Virginia to find a way to appropriately implement the E- Government Act as we move towards conference.
Mr. Chairman, I rise in opposition to the amendment. The gentleman makes a positive argument, but the State's energy program grants have been increased above the level that we have had and the State energy programs will be making a decision on this. We have tried to stay away from earmarks. In fact, many, many people have asked for earmarks which would take the bill in a different direction and we have tried to avoid any earmarks. The State energy program grant may well take care of what the gentleman has asked for, but I oppose the amendment to have earmarked $1 million in this program.
Mr. Chairman, will the gentleman yield?
As the gentleman knows, this committee has been extremely generous to the national parks. Over the last 10 years, we have provided an additional $515 million specifically for park-based increases. This bill includes another $55 million. That amounts to a total of $1 billion for 388 park units in fiscal year 2005.
The committee has been concerned over the last several years that OMB has required the parks to absorb pay costs, antiterrorism requirements and costs associated with catastrophic storm damage. These absorbed costs total $171 million. However, there is another side to the story. As the gentleman may be aware, the Park Service is not managing the funds we have provided. The gentleman from Washington and I have raised issues with the Service related to excessive travel, too many large conferences and meetings, and the Park Service's inability to control major new initiatives, including the 100 partnership construction
projects with a price tag of $300 million. These are projects that the Park Service has committed to without this committee or the United States Congress' knowledge or approval. Even if only a fraction of these projects went forward, they would have a devastating impact on both the backlog maintenance projects and park operations.
I will be pleased to work with the gentleman and my friend and ranking minority member the gentleman from Washington on securing additional funds to address the absorption issue as we head into conference. This will require securing funds above the current allocation and not having more amendments like the Slaughter amendment to take money out of this program, and I hope we will be able to increase that.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman for yielding to me.
I commend the gentleman for his work on this difficult situation. I will commit to working with him and the Fish and Wildlife Service to see what can be done to address his concerns.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman from Minnesota for his consideration of this issue. I would be happy to work with my friend to look into this issue with the BIA.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I agree with the gentleman, and I am not opposed to the gentleman's amendment.
Mr. Chairman, I reluctantly rise in opposition to the amendment.
Mr. Chairman, I can sympathize, I feel, with what I hope is the intent of this motion. However, the motion is so broad. If we could sit down prior to conference and work on this, we might be able to do something. But I would have to reluctantly oppose it.
Mr. Chairman, I have the Eastern Band of the Cherokee Indians in my district. I work with them many times on burial sites, which are both outside the Reservation and in, to try to preserve those sites and do everything we can to honor those sites.
In the Smokey Mountain area now, the parks, a portion of parkland that was deeded to the park in 1946 encompasses a number of cemeteries. The government promised to put a road to those cemeteries. The government has not honored its commitment because there are many people bringing numerous complaints, environmental complaints, about building a road that will allow people to come to those cemeteries, and I am working with them to try to get the respect due for those sites.
But the Clinton executive order which addresses this issue and is tied to it in this amendment is so broad, it is almost impossible to identify what is a sacred site.
Now, we have a 1988 report submitted by the Legacy Resource Management Program to the Department of Defense, for instance, and edited by Professor Vine DeLoria of the University of Colorado. For those that are not familiar with Mr. DeLoria, he is a radical Native American historian whose books include ``Custer Died For Your Sins'' and ``Red Earth, White Lies.'' We can hardly say that he is accused of being anti-Indian.
In the report, he identifies several kinds of potential sacred sites that could have impact, for instance, on the Department of Defense, which would come under this bill also with the Federal wildlife management. Burials and ruins would be understandable. The mourning and condolence areas is vague. Ceremonial areas; linkage to ceremonial areas; creation story locations and boundaries; sacred portals recalling star migrations; universal center locations; historical migration destiny locations; places of prehistoric revelations; traditional vision quest sites; plant and animal relationship locations; historical past occupying sites; spiritual sites; recent historical event locations; plant, animal and mineral gathering sites; and sanctified ground.
As you can see, with all these categories, every acre of Federal lands could almost come under this definition, as well as military bases.
Now, if the gentleman is trying to protect those areas that he and I, I hope, would agree are sacred sites, we can sit down and try to work something out, because we certainly want to protect those sites. But we cannot pass a bill that is so broad that it may disrupt all activity in our national parks.
For instance, what does this amendment do to recreation activities on public lands? What does the amendment do to the oil and gas drilling on any Federal land? What does the amendment do to the Fish and Wildlife Service's activities on military lands? How does this amendment affect existing rights on Federal lands?
I believe that this could be a lawsuit heaven, and it should not be, because the gentleman's argument, what he would like to do and what I would like to do, is to define it in some way that we could have vital protection of sites.
So I have to disagree and oppose this amendment.
I do, Mr. Chairman.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment. I appreciate the gentleman's argument. I am also a fiscal conservative, but this amendment is wrong- headed. First of all, the amendment would prevent the Forest Service from doing road maintenance on a large area of southeastern Alaska. Most of these communities have no road access to the outside world, but they need their Forest Service roads to get around on daily activities.
Also, only 4 percent of the forest is suitable for commercial timber harvest, and only half of that amount is within the inventoried roadless areas. The existing forest plan allows timber harvest on only 300,000 acres, about 2 percent of more than 15 million total acres of the roadless areas on the forest; and this of course is no threat at all.
The Tongass National Forest is indeed a wonderful place; but under the existing forest management, approximately 90 percent of the 16.8 million-acre forest, over 15 million acres, is roadless and undeveloped right now.
Mr. Chairman, I oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Pombo).
Mr. Chairman, I submit this letter for the Record.
U.S. Department of Agriculture,
Office of the Secretary,
Washington, DC, Jun. 16, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture, House Of Representatives,
Washington, DC.
Dear Mr. Chairman. This letter is in response to your
request for the views of the Department of Agriculture (USDA)
on the effects of a rider being considered in the FY 05
Interior Appropriations bill which would prohibit expenditure
of funds for road construction and maintenance on the Tongass
National Forest of Alaska.
Such a prohibition would be interpreted as eliminating all
projects on the Tongass National Forest that are funded
through the CMRD fund code (construction and maintenance of
roads). Currently the Tongass spends about $20 million on
construction and maintenance of roads through that fund.
Because of the dominance of Federal land in Southeast
Alaska, communities in the region are more dependent upon
national forest lands for access, recreation, economic
development, and for subsistence activities than communities
in the lower 48 states. Of the 32 communities in the region,
29 are unconnected to the nation's highway system. Most are
surrounded by marine waters and undeveloped national forest
system lands. The Forest Service is responsible for managing
the roads that connect and serve many of Southeast Alaska's
smaller communities.
Some of the expected impacts include the following:
The rider would prevent the administration of existing
timber sale contracts that include road construction,
reconstruction, or maintenance, because the expenditure of
federal funds is necessary to oversee the construction and
maintenance of those roads. The federal government could be
subject to substantial contract claims for breach of contract
on any existing contracts that could not proceed because of
the prohibition.
Contracts for future timber sales could not include any
road construction or road maintenance. This would effectively
eliminate much of the opportunity for timber sales identified
in the current forest plan. This would significantly reduce
the timber sale program below what is projected in the forest
plan.
Wildlife habitat improvement projects on the Tongass often
involve thinning timber stands. Any wildlife habitat
improvement projects that require road maintenance to access
the stands to be thinned would be eliminated. Data collection
and monitoring may also be affected if road access to remote
areas is reduced.
Fish passage restoration contracts on the Tongass, which
currently involve about $2 million a year, would be
eliminated. These contracts seek to repair or reconstruct
road passages across streams to remove barriers to the
passage of anadromous and freshwater fish. Those fish
populations are important to sport, subsistence, and
commercial fishermen throughout the region.
Roads damaged by storms could not be repaired. It is common
in Southeast Alaska for roads to be washed out, covered by
small landslides, or obstructed by blown down trees. Work to
repair or clear those roads would be eliminated. Some of
those communities could be effectively isolated (from other
communities or key facilities) if the ability to maintain
roads was eliminated. Access to national forest system lands
and other state and private land ownerships could be blocked.
The ability to construct and maintain roads in campgrounds
and other road-based recreation facilities, such as visitor
centers, may be eliminated.
Under the Alaska National Interest Lands Conservation Act
(ANILCA), the Forest Service is required to maintain
reasonable access to national forest system lands for rural
residents dependent upon subsistence. Elimination of road
maintenance on roads known to be used by subsistence users
could be in conflict with ANILCA.
If the elimination of funding for road construction and
maintenance continues for the long term, it would
significantly limit the ability of communities to develop
road and utility connection that almost all other communities
in the United States take for granted. Many communities have
long term plans for new roads and rights-of-way for utilities
to develop and diversify their economies.
In addition, the timber industry in Southeast Alaska is
more dependent on resource development opportunities on
National Forest lands than their counterparts in other parts
of the country because there are few neighboring alternative
supplies of resources for Southeast Alaska.
If a forest health problem arose, such as a significant
insect epidemic, the prohibition against road construction
and maintenance could restrict the ability of the Forest to
respond to the outbreak.
Road condition surveys and bridge inspections would be
eliminated, thereby endangering health and safety of road
users throughout the region.
The Forest road system is the primary access for
investigation and enforcement of timber theft, fish and game
related activities, occupancy and abandonment of facilities,
and vandalism. Road based law enforcement efforts of all
agencies would be hampered by the elimination of road
maintenance.
Thank you for the opportunity to comment on this issue.
Sincerely,
Mark Rey,
Under Secretary, Natural Resources
and Environment.
Mr. Chairman, I yield 3 minutes to the gentleman from Arizona (Mr. Hayworth).
Mr. Chairman, I will reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Peterson).
Mr. Chairman, I yield 2 minutes to the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I reserve a point of order against the amendment.
Yes, Mr. Chairman.
Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriations bill and therefore violates clause 2 of rule number XXI.
The rule states in pertinent part, ``No amendment to a general appropriation bill shall be in order if changing existing law.''
The amendment imposes additional duties, and I ask for a ruling from the Chair.
Mr. Chairman, I rise in opposition to the amendment.
I assume the gentleman's amendment is prompted by the Inspector General's report that they are spending $100 million to $200 million annually on websites, and I share the concern he has. I was alarmed when I saw the report. The subcommittee has been working with the department to understand the costs of web technology and to ensure that technology is used only for appropriate purposes and used in the most economic and efficient way.
There are good websites and bad websites and this has been complicated by court action that is underway right now.
My concern with the gentleman's amendment, and I commend him for always trying to save taxpayers' money because I certainly try to do that and I encourage him throughout his career to do that, but my concern is that the department uses the web to conduct business both internally and with industry. The use of the web is consistent with the best practices both in government and industry. Limiting web spending to $50 million will prevent the department from fully using web technology to save both itself and public industry.
For instance, the Minerals Management Service is implementing a web based system to communicate with oil and gas industry that will allow industry to obtain information and provide necessary filings electronically. Now, there are many other positive things with the websites. We are also, as I say, we have court action that is confusing. A lot of the work we are trying to do to get the department to eliminate those websites that are unnecessary, save the taxpayers' money and keep those websites that are necessary for communication.
I yield to the gentleman from Texas.
Reclaiming my time, I commend the gentleman's action to bringing this to our attention.
Mr. Chairman, I rise in opposition to the amendment.
While this may be a worthy area to consider for an increase, I cannot accept the offsets. I hope that we will be able to increase this as we go through conference. The gentleman raised an important point. As we have more and more government land, it takes money away from the ad valorem tax, as we continue to cut less and less in forest service. Twenty-five percent in our area used to go to schools. They lose even more money, and so the gentleman raises a good point, but I will have to object to this and oppose the amendment.
Mr. Chairman, I move that the Committee do now rise.