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.
“PRESIDIO PROPERTIES ADMINISTRATION ACT” mentioning the Department of Interior was published in the Senate section on pages S4509-S4513 on May 1, 1996.
The publication is reproduced in full below:
PRESIDIO PROPERTIES ADMINISTRATION ACT
The Senate resumed consideration of the bill.
Mr. DOLE. Mr. President, I now ask unanimous consent that the Senate turn to the consideration of Calendar No. 300, H.R. 1296, regarding Presidio properties, and the bill be considered in the following fashion:
That amendments numbered 3571 and 3572 be withdrawn and all other amendments and motions other than the Murkowski substitute and the committee substitute be withdrawn, and the committee-reported substitute be modified to reflect the adoption of the Murkowski substitute, as modified, to reflect the deletion of title XVI, Sterling Forest, and title XX, Utah Wilderness, and containing the text of amendment numbered 3572, with Lost Creek land exchange modified to reflect the text I now send to the desk, and the committee substitute, as amended, be immediately agreed to, the bill be advanced to third reading and passed, and the motion to reconsider be laid upon the table, all without any intervening action or debate.
The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered.
The modification to the Murkowski substitute amendment No. 3564 is as follows:
Delete title XVI and title XX of amendment No. 3564 and insert the following new title:
TITLE I--MISCELLANEOUS
SECTION 101. LOST CREEK LAND EXCHANGE.
The Secretary of Agriculture shall submit a plan to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives detailing the terms and conditions for the exchange of certain lands and interests in land owned by the R-Y Timber, Inc., its successors and assigns or affiliates located in the Lost Creek area and other areas of the Deerlodge National Forest, Montana.
TITLE --VANCOUVER NATIONAL HISTORIC RESERVE
SEC. 01. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) Establishment.--There is established the Vancouver National Historic Reserve in the State of Washington
(referred to in this section as the ``Reserve'', consisting of the area described in the report entitled ``Vancouver National Historic Reserve Feasibility Study and Environmental Assessment'' published by the Vancouver Historical Study Commission and dated April 1993 as authorized by Public Law 101-523 (referred to in this section as the Vancouver Historic Reserve Report'').
(b) Administration.--The Reserve shall be administered in accordance with;
(1) the Vancouver Historic Reserve Report (including the specific findings and recommendations contained in the report); and
(2) the Memorandum of Agreement between the Secretary of Interior, acting through the Director of the National Park Service, and the City of Vancouver, Washington, dated November 14, 1994.
(c) No Limitation on FAA Authority.--The establishment of the Reserve shall not limit;
(1) the authority of the Federal Aviation Administration over air traffic control, or aviation activities at Pearson Airpark; or
(2) limit operations and airspace in the vicinity of Portland International Airport.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
The bill (H.R. 1296), as amended, was passed.
Mr. MURKOWSKI. Mr. President, I strongly support the passage of this important environmental legislation. Taken together, these measures represent the most significant and important conservation package to come before the Senate in over a decade. They will preserve and protect for future generations important natural resource and historic treasures of this country as well as providing critically needed management authorities.
For the most part, the measures contained in this package have languished on the Senate floor due to holds and delaying tactics from Senators. I want to congratulate the majority leader, Senator Dole, for his successful efforts to end the seemingly endless parade of obstacles to the passage of this legislation. Had we less rhetoric and a modicum of rational assistance from the administration, we might have accomplished this far earlier. We all observed the administration's game plan and the willingness of the media to cater to it, including attaching the minimum wage package to the parks legislation.
Mr. President. I will not go into lengthy detail on the various measures that are finally being released, but I do want to highlight some of them at this time.
Title I of this measure deals with the Presidio of San Francisco. By itself, this title is an important and critically needed measure that should have been enacted months ago. With the closure of the Presidio, the National Park Service was facing an almost impossible drain on its limited funds to maintain a unique and important resource. The legislation establishes a mechanism whereby the Presidio will be preserved and maintained for future generations, the National Park Service will be able to focus on interpretation and the visitor experience, and the site will be self-supporting. I appreciate the willingness of the two Senators from California to work with me and the committee in crafting this novel approach.
Title II contains 25 miscellaneous amendments and boundary changes. Some of these measures were reported from the committee over a year ago. They affect areas from the Atlantic to the Pacific and provide essential authorities that the administration needs for proper and effective management.
The remaining 34 titles include the establishment of new areas, such as the Tall Grass Prairie National Preserve, which will preserve one of the last portions of the prairie that symbolized the West. Both Senator Dole and Senator Kassebaum deserve credit for the efforts to secure passage of that measure, but it too had been held up by the other side. Among those titles is the Snowbasin Land Exchange, which is critical for the Winter Olympics. Apparently the administration is only concerned with getting through November and was prepared to let that measure languish with the other measures. The title also includes the Selma to Montgomery National Historic Trail, an important measure that will commemorate a significant part of the civil rights movement.
The Taos Pueblo Land Transfer title would transfer 764 acres of land within the Wheeler Peak Wilderness in New Mexico to the Secretary of the Interior to be held in trust for Pueblo de Taos Indians. This tract is surrounded on three sides by Pueblo lands and is an important area for use in their religious ceremonies. The Pueblo would use the lands for traditional purposes, but the lands would otherwise be managed to protect its wilderness character. Both Senator Domenici and Senator Dole were instrumental in moving that measure and I appreciate their support.
The Rocky Mountain National Visitor Center, sponsored by Senators Campbell and Brown addresses a critical need at Rocky Mountain National Park through a creative public-private partnership to provide a visitor center for the park. Rocky Mountain National Park is the most popular tourist attraction in the State of Colorado, drawing over 3 million visitors every year, but has not had a visitor center.
Mr. President. All these measures are important and all should have passed on their own merits long ago. These measures are important to the environment, essential to the National Park System, and will be of lasting benefit to future generations. As I stated earlier, they represent the single largest conservation package to come before the Senate in over a decade.
This Senator at least wants to express his gratitude to the majority leader, Senator Dole, for being able to free at least this group of hostages from the political games. He will probably not receive the credit he is due, but if we can enact the Presidio and the other measures included in this package, it will be as a result of his efforts and his leadership and I thank him.
Mr. DOLE. Mr. President, the legislation before us today contains several issues of priority for several States. Today, we are prepared to go forward with a number of items concerning parks and public lands issues across this country and I am pleased to support this package.
I would like to thank Senator Murkowski for including provisions critical to Kansas and California. I am pleased that the Presidio legislation is included in this package. This critical provision will allow for the innovative preservation of the Presidio, one of our Nation's true treasures. This bill also includes the establishment of the Tall Grass Prairie National Preserve in Kansas.
More so than any other legislation, this package represents the interests and priorities of individual States. States like Kansas and California want these initiatives accomplished--not battered about by outsiders and Washington bureaucrats who think they know best. National forests; land conveyances, visitor centers, land exchanges and historic parks--these are all issues of importance to the various interest involved and should no longer be delayed. I urge the President to support this package.
presidio
Mr. President, this bill provides for the administration of the Presidio in California. I am pleased to join with my colleagues to pass this legislation which will provide for an exciting future for the Presidio.
The Presidio is a treasured resource of this country. The legislation before us today provides for national recognition of the Presidio. I believe Senator Murkowki has sought a balance between the interests of the trust charged with preserving this resource and the interests of the National Park Service. In my view, the Presidio trust will ensure an important partnership between the local community and this property.
This trust, established within the Department of the Interior, will manage the renovation and leasing of the specific Presidio properties. The revenues generated from these leases will then offset the costs of maintaining the Presidio as a national park, reducing the need for Federal funding. Through this innovative approach to managing one of our Nation's finest landmarks, we can ensure the preservation of the Presidio while also providing significant opportunities to the local community.
The unique history of the Presidio's operation as a military post dates back to 1776. Its designation as a national historic landmark in 1962 recognized the importance of the post in many military operations. After the Army closed the post, the National Park Service took over the Presidio. When comparing our limited resources against the number of national parks and historic sites, it is apparent that we must find new ways to manage and preserve such important resources.
establishment of the tall grass prairie national preserve in Kansas
For several years there have been attempts to create a National Tall Grass Prairie Preserve on nearly 11,000 acres in Kansas, known as the Z-Bar Ranch. Proposals for this preserve have faced valid opposition from concerned citizens and landowners in the area. Any involvement by the Federal Government generates concerns, but this legislation provides for involvement by the Federal Government.
Senator Kassebaum has worked to bring all parties together to discuss the establishment of a prairie park and strike a balance with this legislation. I have always supported Senator Kassebaum's efforts to encourage private participation in the establishment of a national prairie preserve in Kansas.
The Z-Bar Ranch is currently owned by a private trust, but establishing Z-Bar as a national preserve requires legislation. Under this legislation, the Federal Government is limited to ownership of a maximum of 180 acres of the Z-Bar Ranch. The Federal Government would be authorized to purchase or accept a donation of this portion of land.
The current owners of the ranch have offered to donate the core area of land to the Federal Government. This will minimize the cost of establishing the preserve. In my view, a compromise which includes minimal Federal ownership and continued local input sets this proposal apart from other efforts.
The Tall Grass Prairie is a vital part of the natural environment and heritage of the high plains. Those who have visited the Flint Hills of Kansas appreciate the beauty of this prairie. Senator Kassebaum's work in creating a partnership between public and private sectors will help preserve the history of the Midwest. With a private/public partnership, we can officially recognize the Tall Grass Prairie while limiting the involvement of the Federal Government. I commend Senator Kassebaum for her hard work on this innovative legislation and her efforts to recognize this important Kansas landmark.
I again commend Senator Murkowski and Senator Campbell for their work on this important piece of legislation. I know that earlier the administration expressed some concerns about the Presidio legislation, I think in reviewing the bill before us they will find their concerns were addressed by the committee. I commend the community of San Francisco and people of California for recognizing this important resource and working to develop an approach that will allow generations to come to enjoy this historic and unique landmark.
Mr. McCAIN. Mr. President, I want to thank Senator Murkowski for all of his hard work on the Energy Committee and on the many difficult public lands issues he must deal with.
As my colleagues are aware, I have had serious concerns about legislation requiring rather than authorizing agency heads to acquire land and to construct particular buildings, thereby incurring costs to the Federal taxpayer.
Usually, such Federal acquisition and construction activities are authorized by Congress. Once authorized, administrative procedures are in place to ensure that the project is necessary and is undertaken in the order of its relative priority. The final decision of whether to go forward is traditionally left to the discretion of the Secretary based on merit and priorities.
When the Presidio bill first came to the floor, I expressed my concerns about several titles containing acquisition and construction mandates. In order not to hold up the bill unnecessarily, I canvassed the affected agencies to determine if they opposed any of these mandates. The purpose of this inquiry was so that I did not have to insist on changing bill mandates to authorizations if the administration intended to undertake the activity even if not congressionally mandated.
The Department of the Interior objected to one requirement dealing with a land acquisition in the Corinth, MS. The bill requires the National Park Service to acquire land in the vicinity of the Corinth battlefield, and requires the Secretary to construct, operate, and maintain an interpretive center on the property.
I had intended to offer an amendment to change the acquisition mandate to a traditional authorization so that the applicable needs assessment and prioritization procedures could be applied, but I have been assured by the chairman of the Senate Energy Committee that he will address my concern in the conference committee.
Mr. MURKOWSKI. Senator McCain is correct. I understand his concern about the mandate on the Corinth battlefield title, and I will address it in the conference report.
Mr. McCAIN. I thank the Senator. I would also like to add that the Senators from Mississippi have made a strong argument that the visitor center is necessary. I trust and expect that the Secretary will fully consider their views in administering the authorization.
Furthermore, I know it is the intent of the Senator from Mississippi to subject the authorization to appropriations.
Mr. LOTT. Senator McCain is correct. It has always been my intention that the acquisition and construction be subject to appropriations, and that this project be undertaken in the order of its relative priority.
Mr. CAMPBELL. Mr. President, I would like to congratulate all of the Members and their staff who have worked so hard on collaborating on this omnibus package. In particular, I would like to thank my good friend, the majority leader from Kansas, for his persistent efforts to shepherd this bill into law. He has done a great service for many of us, and the bill's final passage is a testament to his strength and tenacity as a leader.
I would like to say a few words about a couple of the bills, that have specific meaning to me.
The Presidio bill, the flagship of this package, offers a unique, creative, and innovative approach to provide for the long-term protection and preservation of one of our Nation's greatest cultural, historical, and natural treasures. Many people have been waiting a long time for this bill. I know the Senators from California and Congresswoman Pelosi have put a great deal of time and energy into this legislation, as have the staff from the Energy Committee and personal offices. In our efforts to try to reach consensus on all levels, we have managed to craft a bill that will provide enough balance and flexibility to incorporate all points of view.
Mr. President, I also would like to discuss several bills within the omnibus package that are of particular interest to me and my home State of Colorado. These bills deserve distinction in their own right, being crafted with years of collaborative hard work and dedication. I would like to make brief comments on each of them, and once again send my congratulations to all those who have worked so hard on these important bills.
The Rocky Mountain National Park Visitor Center title provides the authority for the National Park Service to use appropriated and donated funds to operate a visitor center outside of the boundary of Rocky Mountain National Park. The Park Service has been in need of a visitor's center at the eastern entrance to Rocky for many years now, but due to fiscal constraints, they have been unable to get adequate appropriations. Thanks to a generous private-public partnership proposal, the Park Service has an opportunity to provide a visitor service outside of the park boundaries. This legislation simply allows the Park Service to enter into this type of partnership with private individuals. I would particularly like to applaud the individuals in Estes Park, whose innovative work, generous contributions, and persevering dedication have made this idea a reality.
This type of private-public opportunity is exactly what the Federal Government should be taking advantage of these days, and I am encouraged by the proposal for this visitor center that has been put forth. This center would help the thousands of visitors that come to the park each year, and would save the Government millions in taxpayer dollars.
The Cache La Poudre title, sponsored by the distinguished senior Senator from Colorado, designates approximately 35,000 acres between the cities of Fort Collins and Greeley, CO, as the Cache La Poudre River National Water Heritage Area. The headwaters of the streams that flow into this river tell the story of water development and river basin management in the Westward expansion of the United States. This historical area holds a special meaning for Coloradans, and we feel that it deserves national recognition as a heritage area. In addition to the designation, this title helps establish a local commission to develop and implement a long-term management plan for the area.
This bill holds great distinction for me, for I have been working on it for many years with my good friend and colleague, Senator Brown from Colorado. The good Senator has been working hard to get this bill enacted into law, and each revision of the bill has been a more worthy product than the last. There are always a couple of bills that hold special meaning for us personally, and the Cache La Poudre is a good example of one that the senior Senator from Colorado has a particular interest in. It would be a great honor to have this bill enacted into law before my friend retires this year.
The Giplin County Land Exchange title represents the best type of land exchange possible. It is a simple, straightforward land exchange bill that will convey 300 acres of Bureau of Land Management lands in Gilpin County, CO, for the acquisition of 8,733 acres of equal value within the State.
The bill seeks to address a site-specific land management problem that is a result of the scattered mining claims of the 1800's. The Federal selected lands for conveyance are contained within 133 scattered parcels near the communities of Black Hawk and Central City, most of which are less than one acre in size. These lands would be exchanged to the cities of Black Hawk and Central City to help alleviate a shortage of residential lots.
In return for these selected lands, the Federal Government will receive approximately 8,773 acres of offered lands, which are anticipated to be of approximately equal dollar value to the selected lands. These lands are in three separate locations, described as follows:
Circle C Church Camp: This 40-acre parcel is located within Rocky Mountain National Park along its eastern boundaries, and lies approximately 5 miles south of the well known community of Estes Park. This acquisition can provide additional public camping sites and address a current shortage of employee housing in the popular national park.
Quilan Ranches tract: This 3,993-acre parcel is located in Conejos County, in southern Colorado. This land has excellent elk winter range and other wildlife habitat, and borders State lands, which are managed for wildlife protection.
Bonham Ranch--Cucharas Canyon: This 4,700-acre ranch will augment existing BLM land holdings in the beautiful Cucharas Canyon, identified as an AREA of Critical Environmental Concern [ACEC]. This ranch has superb wildlife habitat, winter range, riparian areas, raptor nesting and fledgling areas, as well as numerous riparian areas, rator nesting and fledgling areas.
Any equalization funds remaining from this exchange will be dedicated to the purchase of land and water rights, pursuant to Colorado water law, for the Blanca Wetlands Management Area, near Alamosa, CO.
It is clear that the merits of this bill are numerous. Moreover, the bill is noncontroversial, and while it may not have dramatic consequence for people outside of the State of Colorado, it represents a tremendous opportunity for citizens in my State. Due to the time-
sensitive and fragile nature of the various components of this bill, I am delighted that the Senate has acted as expeditiously as possible.
In addition, for the past 5 years now, I have been supporting legislation that seeks to bring some common sense and reason to the administration of Forest Service ski area permits. The ski fees title will take the most convoluted, subjective, and bizarre formula for calculating ski fees, developed by the Forest Service, and replace it with a simple, user friendly formula in which the ski areas will be able to figure out their fees with very little effort.
The current formula utilized by the Forest Service is encompassed in 40 pages and contains hundreds of definitions, rulings, and policies. It is simply Government bureaucracy at its worst. For the ski industry, this formula is a monstrous burden, and with the expansion and diversification of many ski resorts, this burden grows increasingly more complex each year. I am pleased that this title will offer some clarity and common sense to the ski resorts of my home State.
Mr. President, the Grand Lake Cemetery title simply directs the Secretary of the Interior to authorize a permit for the town of Grand Lake, CO, to permanently maintain their 5-acre cemetery, which happens to fall within the boundaries of Rocky Mountain National Park. This cemetery has been in use by the town since 1892, and continues to carry strong emotional and sentimental attachments for the residents.
Currently, the cemetery is operated under a temporary special use permit, which is set to expire this year. By granting permanent maintenance authority to the town, this title creates lasting stability to this longstanding issue. It is completely noncontroversial, and widely supported by both the community and the Park Service.
Finally, Mr. President, the last title in this package that I would like to address is another bill that holds special meaning for me. I have been working on this legislation for many years now, and I am pleased to see that this title has seven different cosponsors from both sides of the aisle. The Old Spanish Trail title will designate the Old Spanish Trail and the Northern Branch of the Old Spanish Trail for study for potential addition to the National Trails System as a National Historic Trail.
The Old Spanish Trail has rightly been called ``the longest, crookedest, most arduous pack mule route in the history of America.'' It is that, and more. The Old Spanish Trail tells a dramatic story that spans two centuries of recorded history and originated in prehistoric times. This trail witnessed use by Ute and Navajo Indians, Spaniards, Mexicans, and American trappers, explorers, and settlers, including the Mormons. Its heyday spans the development of the West, from the native on foot to the mounted Spaniard to the coming of the transcontinental railroad. Few routes, if any, pass through as much relatively pristine country. It is time to recognize and celebrate our common heritage, and I am thrilled to have this included in the package passed.
These bills may not mean a whole lot to many Members in this Chamber, but they mean a great deal to my constituents and me. I again commend my colleagues for their hard work, and strongly support passage of this important legislative package this evening.
Mrs. BOXER. Mr. President, I would like to ask the distinguished chairman of the committee a question regarding the duties and authorities of the trust as outlined in section 104(b) of the Presidio trust legislation.
Section 104(b) provides that ``Federal laws and regulations governing procurement by Federal Agencies shall not apply to the trust.'' However, the same section of the bill states that the Presidio trust
``shall establish and promulgate procedures applicable to the trust's procurement of goods and services'' that just ``conform to laws and regulations related to Federal Government contracts governing working conditions and wage scales including the provisions of 40 U.S.C. Sec. 276a-276a6 (Davis Bacon Act).''
Can I ask the chairman if this language means that contractors and subcontractors who contract to do work at the Presidio on behalf of the trust will be required to comply with prevailing wage provisions in all construction contracts and subcontracts?
Mr. MURKOWSKI. I would like to tell my friend, Senator Boxer, that yes, she is correct.
Mr. BENNETT. Mr. President, I rise to express my strong support to the efforts of Chairman Murkowski to move this package of bills. I would like to add my thoughts as well, as to what some have called the demise of the Utah wilderness bill.
I am disappointed that the Senate failed to break the filibuster of the Utah wilderness bill. I would have liked to have had the Senate continue to debate the bill because I believe that, given the opportunity, we could have convinced those of my colleagues who had doubts about this bill to support it. I am also a realist and I understand that in this Chamber, if one does not have the votes to invoke cloture, it is difficult to move any piece of legislation.
I want my constituents, the people of Utah, to know of my appreciation for their tremendous support over the last 14 months. Despite what a small, but very vocal minority would have the Senate believe, the people of Utah wanted a sensible, balanced wilderness bill. S. 884 achieved that balanced approach and it was supported widely across the State of Utah. I believe that a letter in support of our bill signed by over 300 elected officials in Utah is a good indicator that it has strong public support. A rigorous public comment process, involving thousands of written comments, personal testimony, and over 40 public hearings assisted the Utah delegation in drafting this bill. It was a thorough, well-thought-out process and it was open to plenty of criticism from the other side.
I, particularly, want to express my tremendous appreciation to those county commissioners from the rural Utah counties who would have been most impacted by wilderness designation. These faithful and dedicated public servants have devoted thousands of hours to develop the county proposals. Despite the fact that S. 884 included 1.1 million acres more than the counties recommended as wilderness, these individuals recognized the need to bring the 20-year debate to closure. The county commissioners have invested thousands of dollars, and sacrificed their personal time to come to Washington to enlighten my colleagues about the wilderness issue.
There are dozens of names that deserve to be mentioned, but I would like to give particular credit to Commissioner Louise Liston of Garfield County, Commissioner Lana Moon of Millard County, Commissioners Bill Redd and Ty Lewis of San Juan County, Commissioners Randy Johnson and Kent Peterson of Emery County. I would also be remiss if I failed to mention Commissioners Joe Judd of Kane County and Teryl Hunsaker of Tooele County. As always, the fine commissioners of Washington County, Gayle Aldred, Jerry B. Lewis, and Russ Gallian were instrumental in providing expertise. There are dozens of other faithful commissioners and I apologize that I cannot mention them all by name.
The Utah wilderness issue is not dead. On the contrary, it is very much alive and very much unresolved. It will come again before the Senate, and at some point we will be forced to finally deal with the issue. It is my hope that next time, my colleagues will give greater consideration to the $10 million of taxpayers' money and the 20 years of BLM expertise that went into providing the basis for our recommendation.
Again, while I am disappointed that Utah wilderness will not be included in this package, there is a silver lining in this cloud. Mr. President, as you know, Utah is preparing to host the 2002 Winter Olympics. Last fall, Senator Hatch and I introduced the Snowbasin Land Exchange, which would authorize the Forest Service to enter into a land exchange with the Snowbasin ski resort to exchange 1,320 acres of Forest Service land around Snowbasin for over 4,000 acres throughout the Wasatch Front. It is an equal value exchange, and a win-win situation for both parties. Not only for the Olympics, but for other reasons as well.
For example, in Utah open space in some areas is at a premium. As our population swells each year as thousands of people from other States like California and New Jersey come to Utah because of our quality of life, our precious open spaces along the Wasatch Front are rapidly disappearing. As part of this exchange, the Forest Service will acquire lands along the Bonneville Shoreline Trail which is one of the most heavily used recreational trails in northern Utah. The people of Weber County will benefit as the critical wildlife habitat along the benches above Ogden is preserved along with the open spaces. Development will be prevented from encroaching upon these areas. Again, it is a win-win situation arranged for through this exchange.
Unfortunately, the Snowbasin exchange was caught up in the politics of the day and for various reasons, this legislation had the brakes put on it by the Clinton administration. Snowbasin and the Utah delegation proceeded through months of negotiations with the Forest Service and finally reached agreements on virtually every one of the administration's concerns. This legislation is necessary for the successful implementation of the 2002 Winter Olympics and I know that my colleagues are as concerned as I am that this legislation is implemented so Snowbasin may proceed to prepare for the men's and women's downhill. We all want a successful Olympic event. This legislation is included as part of the chairman's package and I am pleased that we can finally act upon this bill.
Again, Mr President, I thank the chairman for his willingness to move this package and I encourage my colleagues to support it. I thank the Chair.
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