The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“SEC. 115 OF THE ENERGY &” mentioning the U.S. Dept. of Transportation was published in the Extensions of Remarks section on pages E2486-E2487 on Dec. 9, 2003.
The publication is reproduced in full below:
SEC. 115 OF THE ENERGY & WATER APPROPRIATIONS BILL--KING COVE ACCESS
PROJECT
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HON. GEORGE MILLER
of california
in the house of representatives
Monday, December 8, 2003
Mr. GEORGE MILLER of California. Mr. Speaker, the Republicans have done it again: a nefarious rider was slipped onto the fiscal year 2004 Energy & Water Appropriations Bill. The Republicans have, once again, shut Democrats out of the legislative process and provided neither an opportunity to debate the amendment, nor the chance to show this amendment for what it really is: an unacceptable invasion of our Nation's public lands and an assault on our public process. I oppose this clandestine.
The King Cove Access Project rider is an affront to our nation's environmental laws. Section 115 of the Energy & Water Appropriations Bill directs the construction of a road from the village of King Cove, Alaska through the sensitive Izembek National Wildlife Refuge and right to the boundary of the fragile and internationally significant Izembek Wilderness Area. The provision waives all environmental laws governing construction of such a road in the process. The amendment was not included in either the House or Senate bills.
Other government agencies have raised concerns about this project as part of the mandated inter-governmental coordinate. Congress dealt with this issue five years ago when I was the ranking member of the Resources Committee in the 105th Congress. The King Cove Access Project was defeated then and should have been defeated now.
In 1998, proponents attempted to add the provision to an appropriations bill but were not successful. A compromise was later reached with the King Cove Health and Safety Act which was included as Section 353 of Public Law 105-277, the Department of Transportation and Related Agencies Appropriations Act. The measure appropriated $40 million to address the access needs of the communities of King Cove and Cold Bay; however, the Act did not approve a road through the Izembek refuge or the Izembek Wilderness. In fact, the legislation specifically required that expenditure of the funds allocated in the bill ``must be in accordance with all other applicable laws.''
It is outrageous that five years after a satisfactory compromise was agreed upon, we must return to this issue.
The Izembek National Wildlife Refuge, on the Alaska Peninsula, is internationally recognized as one of the most important wetland reserves in the Northern Hemisphere. Home to threatened and endangered species, as well as millions of migratory birds, the Izembek National Wildlife Refuge and Izembek Wilderness are keys in the fight to conserve the natural diversity of wildlife populations and habitats.
The King Cove Access Project rider inappropriately short-circuits the public process. An administrative decision on a project to enhance marine-road access for the community of King Cove is proceeding in a timely manner and does not require intervention by Congress. However, the King Cove Access Project mandates one alternative in the EIS, thereby effectively ignoring the advice of the U.S. Fish & Wildlife Service, other federal agencies and the American public.
The King Cove Access Project ignores environmental laws, threatens important wildlife habitat and sets a dangerous anti-wilderness precedent. It is shameful that it was part of this legislation.
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