[Congressional Record Volume 140, Number 99 (Tuesday, July 26, 1994)] [Senate] [Page S] From the Congressional Record Online through the Government Printing Office [www.gpo.gov] [Congressional Record: July 26, 1994] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] INTERIOR APPROPRIATIONS BILL FOR FISCAL YEAR 1995 Mr. DURENBERGER. Mr. President, I would like to thank my distinguished colleagues on the Interior Appropriations Subcommittee for the efforts they have made over my 16 years in the Senate--efforts that have significantly improved the quality of life of the people of Minnesota. Of all the issues that Senate appropriations considers each year, I think those addressed in the Interior appropriations bill are among the most important to Minnesotans. It is this bill that provides the funds for protecting our natural resources--our rivers and streams, our forests and prairies, our endangered species and game animals. This bill funds the National Park Service, the U.S. Forest Service, and the U.S. Fish and Wildlife Service, just to name a few. During this, the last Interior appropriations bill of my Senate career, I cannot help but recollect all the wonderful things that the Subcommittee on Interior Appropriations has helped me bring to Minnesota. Minnesota's nickname, the Land of 10,000 Lakes, does not come close to depicting my State's natural resources. The name suggests only water--of which we have plenty--but forests actually make up nearly one-third of Minnesota's land area. In fact, Minnesota also boasts two of the most beautiful national forests in the country--the Superior and Chippewa National Forests. The 13.6 million acres of commercial forest land generate over $4.4 billion for the State, making forest products the second largest manufacturing industry in Minnesota. And yet, forests are also an integral part of the State's outdoor recreation and tourism industry. Approximately 1.2 million acres have been set aside for parks, refuges, wilderness, and other recreational uses that are so much a part of a Minnesotan's way of life. My State has developed a unique balance between timber harvesting and the protection of wildlife and their habitat. In fact, forest industry professionals--like Jack Rajala of Deer River--are among the most environmentally conscious people I know. In 1992 and 1993, I was instrumental in providing Federal funding for eagle nesting ground land acquisition within the Chippewa. As a result, the Chippewa today is blessed with a revived and expanded bald eagle community. In fact, the Chippewa National Forest is now the home of more bald eagles than anywhere else in the 48 contiguous United States. Within the Superior lies the Boundary Waters Canoe Area Wilderness-- hundreds of acres of pristine wilderness that are home to hundreds of species of wildlife. Over the past 14 years, I have secured both recreational and interpretive funding for the BWCA Wilderness. I know that people like Dick Flint, Chuck Dayton, and Kevin Proesholdt have expended a lot of time and effort on fine-tuning the balance between recreation and preservation within the BWCAW. The BWCAW is home to the only thriving population of wolves in the lower 48 States. Thus, it is no coincidence that the Wolf Center was built in Ely, MN--in the heart of the Superior National Forest--so that world renowned experts like Dave Mech of the Fish and Wildlife Service can study wolves, and so all Americans can learn the beauty of this much misunderstood creature. On the western edge of Superior National Forest is one of the Crown Jewels of the National Park Service: Voyageurs National Park. Voyageurs is a relatively new park--established in 1971--and as a result, much money has been needed to bring the park's treasured recreational opportunities to the forefront. Superintendent Ben Clary has proven to be very committed to the protection and expansion of Voyageurs, and I am honored to have had the opportunity to work with him in an effort to provide Minnesotans with a first-class park experience. Over the years, the committee has provided over $43 million to acquire almost 72,000 acres of land for Voyageurs. The Rainy Lake visitor center was built using appropriations in the mid-1980's. Plus, the committee allocated over $4.5 million for restoration of the Kettle Falls Hotel, a historic inn within Voyageurs that still operates as a place of rest for thousands of visitors to the park. Minnesota is also home to several National Wildlife Refuges. The Minnesota Valley National Wildlife Refuge is the largest urban wildlife refuge in the United States. The creation of this refuge was begun by my predecessor, former Vice President Mondale. I must also applaud Elaine Mellot and Mike Bosanko, with Friends of the Minnesota Valley-- together, we were able to make this refuge a reality. Minnesota Valley now has a new interpretive center, and over 7,800 acres of land have been added to the refuge's protection. Thus--in the heart of a major urban area--schoolchildren can see bald eagles, endangered plant life, and can otherwise escape from the city. It is a true refuge, for humans and animals alike. The Wild and Scenic Rivers Act is a marvelous piece of legislation which the Senate approved almost 10 years before my election. Over the years, I have been strongly committed to ensuring that wild and scenic rivers receive adequate funding to protect the scenic views and other recreational opportunities associated with the river landscape. Sections of both the Mississippi and the St. Croix Rivers have since been designated as wild and scenic. As the State blessed with the headwaters of one of the world's greatest waterways, it is imperative that we protect the Mississippi River for future generations. In Minnesota, we do this in several ways. First, there is the Mississippi Headwaters Board, which is a Federal- State-local conservation organization. The Headwaters Board ensures that the waters from the river's origin to the Twin Cities of Minneapolis-St. Paul are preserved in their near-pristine quality. Through the large urban areas of Minneapolis and St. Paul, the Mississippi River is guarded by a new addition to the National Park Service--the Mississippi River National Recreation Area. The idea for MNRRA rose from the Metropolitan Parks and Open Space Commission, a group of citizens who assisted in the development of long-range plans and funding for park and open space facilities in the Twin Cities metropolitan area. Shirley Hunt, who staffed our early efforts on this has been, with Chair Peter Gaul, so instrumental in its success. The next step was the Metropolitan River Corridors Study Committee, created by Congress in 1980, to bring together Federal, State, regional, and local governments in an effort to enhance recreational opportunities in various river corridors across the country. This Appropriations Committee recognized the merit behind this sort of cooperative effort--and provided funds totalling $214,000 for initial studies. In 1983, I introduced legislation to authorize Federal-State-local matching grants for use in additional river conservation activities. This was yet another effort to develop a cooperative system for managing not only the Mississippi River, but other rivers throughout the country. While this legislation was never approved by Congress, it has been implemented on a smaller scale through MNRRA. Finally, I sponsored title VII of the Arizona-Idaho Conservation Act in 1988 which created the MNRRA. Encompassing 72 miles of the river corridor through the Twin Cities metropolitan area, MNRRA was established to preserve, protect, and enhance the significant resources of the Mississippi for future generations. MNRRA fulfills the goals I had in mind in the Metropolitan Rivers Corridors Study, by uniting all levels of involvement--from the Federal Government to private industry--in an effort to manage the many resources provided by the Mississippi River. The legislation also created the Mississippi River Coordinating Commission, a 22-member body appointed to represent local and Federal interests in preparing a management plan for the MNRRA. One of the most significant aspects of the corridor is its importance to the economy of the Twin Cities, of Minnesota, and of the entire Nation. Joanne Kyral, superintendent of MNRRA, worked tirelessly to ensure that the final plan addressed all river uses--agriculture, navigation, riverside property rights, environmental protection, and recreation. Thanks to the funding approved by my colleagues, the Park Service and the Coordinating Commission recently were able to submit the final proposed management plan to Governor Carlson for approval. The final plan outlines a management framework that ensures a balanced protection of the corridor's economic resources in addition to its natural, cultural and recreational resources. Downstream of the cities, the river is protected by the Upper Mississippi National Wildlife Refuge. This refuge runs from La Crescent, MN, to St. Louis, MO. And, like the river itself, the refuge's unique and spectacular resources have been enhanced through a new visitor and interpretive center, as well as many acres of land acquired over the past 16 years. As the chairman and ranking member know so well, the river and the refuge are threatened by nonpoint source pollution. Accordingly, the committee has wisely provided much needed funding for new land management protection activities on lands that border the river and the refuge. In 1992, the Crane Meadows National Wildlife Refuge was added to the National Refuge System, becoming Minnesota's ninth refuge. Located in Morrison County, MN, this wetland/prairie complex is home to sand prairie and oak savanna--a rare sight in Minnesota. And this year, for the first time, both the House and the Senate have granted funding for land acquisition in the Crane Meadows. I hope that we will be able to provide Crane Meadows with the full $1 million, as approved by the Senate. Although the mighty Mississippi is the major attraction for outdoor enthusiasts, the St. Croix River still stands out as one of the premier canoe rivers in the country. In 1965, the Minnesota-Wisconsin Boundary Area Commission was created to protect this river, as well as the Mississippi. Now, the St. Croix's unparalleled beauty and tranquility are preserved for all time through its designation as a Wild and Scenic River. More and more people can now appreciate this hidden treasure due to the recently completed visitors center. And--thanks to the foresight of my colleagues on this committee--land acquisition for this 220-mile protected corridor is now complete. Of course, despite all of these often overlooked refuges, forests and wilderness areas, Minnesota continues to be proud of its historical, cultural, and environmental heritage embodied in the Grand Portage National Monument, in Grand Portage, MN. It has been said, Mr. President, that if a true and accurate history of the United States were to be written, it should start at Grand Portage--a bustling crossroads of Native American and European cultures in the 17th century. Recognizing the monument's importance, in recent years the committee has funded studies for a new visitors center. For this, I have Curt Roy to thank. His dedication and commitment have ensured that Grand Portage receives the recognition it deserves. The administrative/interpretive center would provide orientation facilities to help visitors understand the historical significance of the Grand Portage. This center will be an integral part of the park experience, and should continue to be a funding priority in the future. Mr. President, Minnesota has been blessed with wonderful natural resources and I have been lucky to serve as its Senator for 16 years. However, I cannot help but think of how fortunate this Nation is to have such dedicated people managing these resources. I know how hard the park ranger works to educate visitors to Voyageurs National Park; I know how hard it is for a forest ranger on the ``chip'' to protect the forest in the face of budget cuts; I know how hard it is for these resource professionals to balance the competing interests; and, Mr. President, I know how hard it is for the members of the Interior Appropriations Subcommittee to handle the unenviable task of allocating scarce dollars among innumerable worthy projects. Thus, as I conclude this statement, I want to thank those who have helped me over the years to effectively protect and enhance the natural resources of Minnesota. I thank both Mr. Byrd and Mr. Johnston, as current and former chairmen of this important subcommittee, for their commitment to the protection of Minnesota's wildlife and habitat. I also thank Senator Hatfield, and our former colleague, Senator McClure, for all the work they have done to ensure that Minnesota received adequate funding to continue its proud heritage of protecting its natural resource. The next chapter in the history of Minnesota's environment will be written by others--and I can tell you that I am immensely proud of the small part I played in this proud history. Mr. President, I yield the floor. statement on amendments Mrs. BOXER. Mr. President, last week, the Senate debated and ultimately gave its approval to the Agriculture Appropriations Act of 1995. The subject of that bill was one that is critically important to many farmers and ranchers in my State of California. Unfortunately, during this very important debate, the Senate was forced to spend hours considering and voting on two amendments offered by the senior Senator from North Carolina that were both irrelevant to the bill and, in my view, unnecessarily provocative and inherently divisive. In my view, there is no place in any Senate debate--indeed, in public discourse of any kind--for propositions that appeal to fear and prejudice, as I believe the Helms amendments did. I deeply regret that they were offered, and that is why I voted against them. the nea Mr. LEAHY. Mr. President, coming down to the Senate floor to defend the NEA has become a yearly ritual. This is the second time this year that I have spoken about the importance of the NEA to my home State of Vermont. The last time I spoke was almost a month ago, the day after the bill was reported out of committee. I talk about my concern over the 5-percent targeted cut to the NEA budget in this bill. I talked about the important arts program in Vermont that would be hurt if these targeted cuts go through. Since that time I have heard from many more Vermonters who are very concerned about what the targeted cuts in this bill will do to their community arts program. Particularly detrimental to these programs would be the 40.5-percent cut to the presenting and commissioning program. Vermont programs that have received this funding include the Flynn Theater in Burlington, the Onion River Arts Council in Montpelier, the Catamount Film and Arts Co. in St. Johnsbury, Pentangle in Woodstock, and the Crossroads Arts Council in Rutland. Also important to Vermont is the Challenge Grant Program which is being cut by 5 percent. The Flynn Theater this year received a $250,000 challenge grant. Last year, the Vermont Folklife Center in Middlebury received a $280,000 challenge grant. These programs do so much for their communities. The Catamount Film and Arts Co. has earned a national reputation for excellence in arts programming and community service. The $5,000 that they receive from the NEA enables them to present over 25 live performing arts events each year. The Flynn Theater supports ongoing programs with low-income school children that help these children develop reading and language skills through playwriting and performances. It also supports workshops and study guides for teachers that intergrate arts into their curriculum. These are just a few examples NEA funds at work in my State. Yesterday, the Senate voted down an amendment that would, in my opinion, have had extremely broad implications for the arts in this country. I echo the words of my friend from Connecticut, Senator Dodd, who so eloquently brought to light what a seemingly innocuous amendment regarding restrictions would do to the kinds of arts that the NEA can fund. The amendment would have disallowed any NEA funds to support any activity or work involving human mutilation or invasive bodily procedures on human beings or the drawing or letting of blood. As Senator Dodd pointed out, the most casual observer of art can recall some of the great paintings in religious art over the centuries. Representations of the stoning of Mary Magdalene, the decapitation of John the Baptist, or the crucifixion of Christ could be interpreted to fall under this amendment. I understand what this amendment was trying to do. I do not argue that some of the artist's work funded by the NEA have been personally offensive to me and some of my fellow Vermonters. But I believe that this amendment would have done irreparable harm to the NEA and the good programs that it supports. I strongly support the good work on the NEA and its chairman, Jane Alexander. As a member of the Interior Appropriations Subcommittee, I assure you that when this bill reaches conference, I will work to fund the NEA at the highest level possible. Mr. BYRD. Mr. President, the pending amendment is the Tongass amendment. Mr. MURKOWSKI. The Tongass amendment. Mr. BYRD. Would the good Senator be willing, in view what has been demonstrated on this side and the other side--would the Senator have it within the depths of his heart to withdraw his Tongass amendment? Mr. MURKOWSKI. I would like to accommodate the managers of the bill. However, what we are asking for, in view of the action already taken by this body--they accepted an amendment by the Senator from Texas that dealt with many of the same issues raised in this amendment. What we are asking for is simply to say that it is the sense of the Senate that the existing law surrounding the designation of areas withdrawn from harvesting be followed. Knowing the Senator's friendship and long association with the senior Senator from Alaska who has just presented the case for what is happening in Alaska, the harm to our people in these huge withdrawals is very significant. We are finding more goshawk nests each day--and with every new nest the Forest Service draws a big circle around it and withdraws further areas. You would think the goshawk would be less in danger of extinction because more keep being found. We are simply losing productive land through withdrawals that are not authorized. There are no Federal mandates for these withdrawals, and it is against the law. All we are asking is the sense of the Senate that the Forest Service follow the law. I cannot understand why anybody would not find that acceptable since these species are not endangered. Mr. BYRD. So this is the short and the long of it. I take it that the Senator has indicated that he does not want to withdraw his amendment. Mr. MURKOWSKI. Mr. President, it is my understanding that there is an attempt being made now by the staffs to reach an agreement on the amendment. Mr. BYRD. Very well. Mr. BAUCUS. Will the chairman yield? Mr. BYRD. Yes. Mr. BAUCUS. If the amendment is offered in its present form, I would have to strenuously object to the amendment. I very much respect the characterization of the amendment by my good friend from Alaska. I must say that I have a different characterization of this sense of the Senate resolution. If it is offered in its present form, I would have to object and would argue that the Senate not agree to it. I understand that the staffs are trying to work out an accommodation. I hope it is worked out or that it is withdrawn. If an accommodation is not worked out, I would have to object. Mr. MURKOWSKI. Mr. President, I encourage my colleague from Montana to identify his objection. Maybe I can address it adequately to give him some degree of comfort. Mr. BAUCUS. If the Senator from West Virginia will yield. Mr. President, essentially, this is a sense-of-the-Senate which directs the Forest Service to disregard evidence that has become available since the forest plan was adopted in 1993, evidence that two species are in fact so threatened that they could very well be endangered. That is a very different proposition than the sense-of-the- Senate resolution that was adopted, which was earlier offered by the Senator from Texas. In that case, in the sense of the Senate offered by the Senator from Texas, I read the language. It is the sense of the Senate that the Secretary shall take whatever steps are necessary and allowable under law to minimize adverse impacts while conserving threatened endangered species. And so forth. If we adopt, on the other hand, the sense of the Senate offered by the Senator from Alaska, we would be directing the Forest Service to not follow the law; that is, by going ahead with the forest plans even though there is now very solid evidence that to do so would violate the Endangered Species Act, would violate the National Environmental Policy Act, and violate other acts, too. Frankly, I think if the sense of the Senate were adopted it would greatly increase the probability of lawsuits because of the complexity. It pits timber workers against salmon commercial fishermen, and it just would be improper for the Forest Service to disregard new evidence that if the Forest Service had this present evidence in drawing up the plan it would not draw the plan in the way it has. So, basically, it is for those reasons. Mr. MURKOWSKI. Mr. President, my colleague uses the terminology ``evidence.'' Evidence, as we both know, by a dictionary definition has certain implications. Considering the fact that there is no listing of either of these species by the appropriate agencies, it would certainly seem to be a premature action by the Forest Service to withdraw these land areas. We are both from the West. I do not pretend to know an awful lot about the game species in Montana. But in Alaska we clearly allow the taking of wolf throughout the State of Alaska under certain restrictions by the Alaska Department of Fish and Game. This is a fact. And it is based on good biology. If there were a shortage of wolf, obviously the State Department of Fish and Game, with advice from the U.S. Fish and Wildlife Service, would encourage the Forest Service's actions. The U.S. Fish and Wildlife Service has not taken any action or recommendations in this matter because they, too, agree that these species are not designated endangered. There is no reason to think they are. I encourage my colleagues to recognize the objective behind what the senior Senator has said and what I am absolutely convinced of. There is a tremendous movement to simply stop timber harvesting on the national forest to the detriment of people's lifestyles and jobs. That is the bottom issue here. These two species, based on the information we have, do not support listing. And it is premature to suggest that there should be any restriction on timber harvest as a consequence of wolf or goshawk. We allow wolf hunting. The wolves are simply not on the larger islands because they do not swim from the small islands to the larger islands. As a matter of fact there are more wolves where there is timber harvest. So as my good friend from the Committee on Environment and Public Works--and I know how that committee looks at resource development, particularly renewable resource development--should consider the fact that these are not endangered species, nor is the Forest Service complying with the law in these withdrawals. As a consequence I fail to understand the basis for his argument. Mr. BAUCUS. Mr. President, if the Senator will yield for another question. Mr. BYRD. Mr. President, I yield the floor. The PRESIDING OFFICER. The Senator from Montana. Mr. BAUCUS. Mr. President, we can have a long involved debate on this issue. I will be very short about it. I held a hearing in the Environment and Public Works Committee just Saturday. We had a hearing on the Endangered Species Act. It was a long and involved hearing. It was 8 hours, with 27 or 28 witnesses, open mike, and probably anybody under the Sun asked a question and made a statement. It was very long and involved. It was revolving around reauthorization of the Endangered Species Act, which I introduced and I hope this Congress will pass, and I think will pass not this year but next year. One of the central tenets of it is to prevent listing in the first place. One way to prevent listing in the first place is to spend a little more time and attention on candidate species or threatened species so there is no listing, so we do not then have the problems that occur when a species is listed. I hope that both Senators from Alaska and all Senators in this body will take a long, hard look at that proposed reauthorization, because I think it does go a long, long way. Let me just cut to the quick here. I ask the Senator. Perhaps he will get a chance to look at the proposed modification that his staff and my staff worked out. If he were to offer that modification, I would have no opposition, no qualms whatsoever, with the amendment and urge him to so modify it. Mr. STEVENS. Mr. President, will the Senator yield? Mr. BAUCUS. I am glad to yield. Mr. STEVENS. Mr. President, I ask the Senator from Montana, which has timber harvest in this area, what he would do if one of his constituents came to him and said: We had a valid contract to cut timber or the Forest Service had scheduled a sale, were notified that it could not be used until the Forest Service drew a 3- to 10-mile circle around every goshawk tree, when the goshawk was not endangered, was not threatened, was not listed in any way in an environment impact statement that had been prepared. What would the Senator say to his constituent who said, ``What can I do with this administrative agency? They tell me to forget it. We do not have any way to deal with them.'' They then have the rings, the circles. You cannot go inside that ring. What does the Senator do? Mr. BAUCUS. Mr. President, my first answer to the Senator from Alaska is I have now learned more about the situation, so I know more about it. I tell the Senator this: In my State of Montana I asked timber workers, miners, sawmill workers, do they want the grizzly bear to become extinct? No. They want to preserve the grizzly bear. I asked if they want the salmon to become extinct? No, they do not. They want to find a way to save salmon from extinction. Do they want the wolf to become extinct? No. They want to find a way to save the wolf. What we are trying with the reauthorization of the Endangered Species Act, to come up with a much better process where people buy in more quickly, communities are consulted much more, States are consulted much more, so that States themselves have a much, much larger role in first deciding whether a species shall be listed. By the way, we are proposing independent peer review so that the Fish and Wildlife Service and the agencies themselves do not make these decisions only. It is peer review. Second, by involving the States, for example, the State of Alaska, Alaska has a lot more to say in developing recovery plans and what habitat should be protected, and what not. I cannot speak to the issue that the Senator just raised. I do not know enough about it. I know my State. Mr. STEVENS. Mr. President, will the Senator yield one more time? Mr. BAUCUS. I am going to do that when the Endangered Species Act comes up. Mr. STEVENS. Mr. President, will the Senator yield one more time? Mr. BAUCUS. I yield. Mr. STEVENS. Mr. President, I will not make a long statement. I ask the Senator this. Why does the Senator take his time having hearings, trying to suggest laws, trying to get his colleagues to understand those laws, and get the Congress and then the President to go through the process of making laws if the agency says it does not need a law? It can make up its own independent mind. It has control over the forests in my State. It can make up its own mind. And it has closed off access to an area around the tree which has a bird nest that it admits is not endangered, admits it is not threatened. But it just has that power. Why does the Senator bother coming to the Senate? Why do we bother being Members of the legislature if through the audacity of administrators they can just say ``We have the basic authority''? Did the Senator give anyone in the administrative branch, in the executive branch of the United States, the authority to enact a regulation which closes part of the lands of the United States without complying with some law, a forest planning law, of the United States? That is what we are talking about here today. We reached the point of boiling in regard to the laws that come out of the Senator's committee already, but we do not need them anymore. The Forest Service says it does not need the law. Why do we worry about passing laws if we have an executive branch that just makes laws, and it did not publish them? The current law says you must publish intention to have a regulation. You must put it in the Federal Register. If I have the people of the Senate conduct the hearing, and the ANILCA law, which I read to the Senate this afternoon, says no land in excess of 5,000 acres from the State of Alaska shall be withdrawn without complying with specific conditions. They say that did not apply to them. Why does the Senator bother passing laws? Why are we here? That is what we are saying. We just want a simple sense-of-the-Senate saying for God's sake follow the law. I was going to offer an amendment to tell them once more this is the law, and put it in the law. My colleague at least has a sense-of-the-Senate resolution. I am hopeful the Senate is sensible enough to tell the executive branch to follow the law. Does the Senator from Montana object to that? Mr. BAUCUS. Mr. President, the Senator from Alaska makes a fairly strong point, and I must say a very good point, with respect to the problem we now have with the Endangered Species Act. That problem now is that there are not sufficient criteria. There are not sufficient guidelines. There are not sufficient standards in the Endangered Species Act today. As a consequence, the Fish and Wildlife Service, and sometimes other Federal agencies, make decisions which are a bit arbitrary, which in many cases are not as soundly based on science as they should be, decisions which are based more on bureaucratic edict and fiat; decisions which do not include States; decisions which do not include local communities; decisions which do not include the views of the property owners, because, after all, the Endangered Species Act can, and in many cases does, have an effect on property rights. It is the central point that the Senator makes, the reason why I have suggested we reauthorize the Endangered Species Act, which I think will dramatically improve the act and which, as a consequence, there will be much more confidence in the operation of the act, both in the environmental community and from the development community. I do not want to give any long argument here. Other Senators have other business they want to conduct. But the Senator from Alaska says he does not see anything wrong with following the law. I must say that is part of the problem here. There is the National Environment Policy Act. There is the Endangered Species Act. There are other laws, albeit environmental laws, which this sense of the Senate says should not be adhered to, should not be paid attention to. And, basically, the sense-of-the-Senate resolution says the Tongass plan in 1993 is it, period; irrespective of the other environmental statutes which also have to be followed. And I say, therefore, we should follow the law. Unfortunately, there is a little confusion as to which laws we are talking about. Mr. MURKOWSKI. Mr. President, let me pick up on one point made by the Senator from Montana that suggests we are asking for something that would obfuscate, if you will, vitiate the existing law that we live under and that is ANILCA. As Senator Stevens indicated, these species have not been endangered. There is no identification of endangering. The Forest Service simply made the withdrawal. The inconsistency is, the more we find of the species, the larger the withdrawals, which clearly does not make sense, because they are becoming less threatened the more you find. But nobody has found that they are even threatened. The U.S. Fish and Wildlife Service has not indicated that they are threatened. You know, I could not help but notice the sensitivity to something I feel very sensitive about, and that is the issue of dividing Alaskans. Mr. President, the Senator from Montana mentioned the loggers and the fishermen. I would advise the Senator from Montana that we know something about fish. That is why everybody wants our fish. We had record runs the last 7 of the last 11 years--193 million fish last year, in spite of the Prince William Sound disaster. If the rest of the country would follow some of the applications of renewable resource management like we have in the State of Alaska, you would not have the endangered species on the Snake River. What are you doing about that? Virtually nothing, because you want to have it both ways. You want to have cheap power, you want to have an agricultural industry, and you want to have fish. But you have hydroelectric dams that are taking care of your fish. We are increasing our fishery resources through good biology. Our anadromous fish are recurring more and more every year. But what you want to do is use arguments on fisheries to suggest that we cannot manage our renewable timber resources, and it just simply does not fly. There is no evidence to suggest that any endangered species exists currently in southeastern Alaska. If you want to get into a debate here, it would be very interesting to go back to the spotted owl, which they now acknowledge exists in abundance in northern California and you can raise them in captivity and they will simply go to whatever growth timber is available. That was a hoax that was pulled by this administration on the American people and the people of the Pacific Northwest at the detriment of about 60,000 jobs, I hope they do not forget it. Mr. President, if there is no further discussion, I am pleased to say that staffs have reached---- Mr. STEVENS. Mr. President, I have a little further discussion. Mr. MURKOWSKI. Excuse me. I was going to send a modification to the desk. Mr. BYRD. Go ahead. Mr. STEVENS. I do not want to interrupt that. I do have one comment to make. Mr. BYRD. Then when the senior Senator gets the floor, if he would yield to me briefly. Mr. MURKOWSKI. Mr. President, I ask unanimous consent to send a modified amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. Is there objection to the request? Without objection, it is so ordered. The amendment (No. 2409), as modified, reads as follows: On page 89, between lines 13 and 14, insert the following new section: SEC. . WITHDRAWAL OF LANDS FROM TIMBER MANAGEMENT IN ALASKA. (a) Findings.--The Senate finds that-- (1) The United States Forest Service has begun to implement prescriptive wildlife management measures in the Tongass National Forest that reduce land areas available for multiple use under the Tongass Land Management Plan (TLMP), thereby reducing timber harvest volumes in already prepared harvest units; (2) The prescriptive measures termed ``habitat conservation areas'' and ``goshawk protective perimeters'' are being used to withdraw lands from timber management which have been evaluated and approved for timber harvest pursuant to the TLMP, National Environmental Policy Act, the Tongass Timber Reform Act, and the National Forest Management Act; (3) Prescriptive management measures intended to protect wildlife population viability should be accomplished through amendments or revisions to the TLMP adopted in accordance with the process described in the National Forest Management Act at 16 U.S.C. 1604(d) and (g); (b) Sense of the Senate.--It is the sense of the Senate that-- (1) funds made available under this act should not be used to implement management actions (including, but not limited to, prescriptions such as habitat conservation areas and goshawk protective perimeters) which withdraw lands from timber management or planned timber harvest in the Tongass National Forest, unless such management actions are imposed pursuant to the public participation provisions of Section 6(d) and other sections of the National Forest Management Act (16 U.S.C. 1604(d)). Mr. MURKOWSKI. I believe that the amendment has been accepted. I yield the floor. Mr. BYRD. The amendment has been modified. Mr. MURKOWSKI. Has been modified; and I believe it has been accepted. Mr. BYRD. No, it has not been accepted. Mr. STEVENS addressed the Chair. The PRESIDING OFFICER. The Senator from Alaska. Mr. BYRD. Will the distinguished Senator from Alaska yield to me briefly? Mr. STEVENS. Yes, I yield to my friend. Mr. BYRD. Mr. President, with the concurrence of Mr. Nickles, I ask unanimous consent that the amendments listed under the names of Senators Burns, Brown, and Danforth be stricken from the list. The PRESIDING OFFICER (Mr. Feingold). Without objection, it is so ordered. Mr. STEVENS. Mr. President, I told my good friend from Montana that I would not ask him to yield again, but I do want to make a statement about the policies that he was commenting on. I was one of the original cosponsors of the National Environmental Policy Act, along with the distinguished Senator from Washington, Senator Jackson. That act specifically says, if there is a significant official act, its environmental consequences must be examined first. That, I would assume, would cover an action taken by a member of the executive branch in dereliction of two specific statutes of the United States, an act which is not specifically authorized by any other law, including the environmental laws the Senator from Montana has mentioned, the Endangered Species Act or NEPA. No NEPA study was made of the announcement of the goshawk circles or the wolf habitat zone. They were arbitrary executive actions without any NEPA review at all. Even PacFish got a NEPA review. We support NEPA review. As a matter of fact, our law specifically requires NEPA review before a contact can be let to cut timber in Alaska. That applies in the rest of the United States and under the Tongass Land Management plan. That plan was not complied with, the ANILCA law was not complied with, the Tongass Timber Reform Act was not complied with. And yet we have spokesmen coming in for the extreme environmental organizations saying, ``Look what those Alaskans are trying to do again.'' All we are trying to do is say, ``Live up to the law.'' I do not understand the position of the Senator from Montana that somehow or other the actions taken by these administrative officials were taken in compliance with the law. And again, I would not ask him, but I would assert to him that he has no law he can cite that would authorize a member of the Forest Service to issue an edict closing lands in my State to harvest timber under valid contract and scheduled timber sales unless it is done in compliance with the law. I do not know of any law that authorizes that. I know of two specific laws that prohibit it. And NEPA does not authorize this until NEPA has been complied with. Now I believe it is time for us, particularly those of us from the West, to listen, to listen to what is going on. This administration has within it groups of people who want to stop development on public lands. This is a prime example of what is going on in the West today. Those actions were announced in the Tongass forest, just announced. They were not published, as required by law. They were not studied, as required by law. The other side of the debate was never aired to the public. They were not submitted to Congress, as required by law. And no NEPA action was taken before those actions were announced. Now, I say to the Senate and the Congress as a whole, particularly those of us from the West, you better wake up, because you are going to be coming in with these problems too. Those policies, if they are pursued in Alaska and succeed, they will be followed in the national forests of the rest of the United States. I believe we are here to pass laws that will be observed by the executive branch. As a matter of fact, if we were in the majority and I was the chairman of a committee, those people would be before this committee and be under oath and be asked to explain why they were taking actions that were not permitted by law in any State of the Union. Until we find some way in the Senate to enforce these laws, to tell people they must abide by them--they do not believe in them; by definition they do not believe in them--but they are the laws. If they want to change the practices of the Forest Service, they should comply with the law. I will tell this to the Senator from Montana, Mr. President: The National Environmental Policy Act will not be amended, but the Endangered Species Act will be amended to assure that this will not happen, or it will not pass while I am here. The PRESIDING OFFICER. The Senator from Oklahoma. Mr. NICKLES. Mr. President, I think we are prepared to accept the modification by the Senator from Alaska, Senator Murkowski. I urge the Senate to agree to this amendment. Mr. BYRD addressed the Chair. The PRESIDING OFFICER. The Senator from West Virginia. Mr. BYRD. Mr. President, I am prepared to recommend the adoption of the amendment by Mr. Murkowski, as modified. Mr. LEAHY. Mr. President, I want to commend the Senator from Montana, the chairman of the Environment and Public Works Committee, for addressing the Tongass National Forest issue. In the past 5 years, this forest has received more congressional attention than any other forest in the National Forest System. It is important to ensure that the National Environmental Policy Act, the National Forest Management Act, and the Endangered Species Act are applied fairly to all public lands. The modified sense of the Senate amendment reemphasizes the public participation components of these laws and guarantees that these important statutes still guide public land management. The Senator from Montana is a true leader on environmental issues. The Senate, the people of Montana, and the country are lucky to have such a vigilant public servant. The PRESIDING OFFICER. If there be no further debate, the question is on agreeing to the amendment. The amendment (No. 2409), as modified, was agreed to. Mr. MURKOWSKI. Mr. President, I move to reconsider the vote. Mr. STEVENS. I move to lay that motion on the table. The motion to lay on the table was agreed to. The PRESIDING OFFICER. The Senator from New Mexico. Amendment No. 2411 (Purpose: To require the Assistant Secretary for Indian Affairs to submit a report to Congress concerning the Shiprock Campus of Navajo Community College) Mr. BINGAMAN. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from New Mexico [Mr. Bingaman], for himself and Mr. Domenici, proposes an amendment numbered 2411. Mr. BINGAMAN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: At the end of title III, insert the following new section: Sec. 3 . (a) In General.--Not later than 30 days after the date of enactment of this Act, the Assistant Secretary for Indian Affairs of the Department of the Interior shall prepare and submit to Congress a report on measures necessary to address problems concerning the physical structure of Navajo Community College in Shiprock, New Mexico consistent with the responsibilities for the facility. Nothing in this amendment is intended to require a change in priority for funding projects by the Department. (b) Content of Report.--The report required under subsection (a) shall include a detailed list of the resources that are required to alleviate the health and safety hazards that have resulted from the poor condition of the structure described in such subsection. Mr. BINGAMAN. Mr. President, a couple of days ago I learned that the Bureau of Indian Affairs Safety Management Office had just issued a building maintenance report recommending the immediate closure of the Navajo Community College Shiprock campus building. The college's Shiprock campus consists of this one building. Therefore, the closure of this building is the closure of the school. I have known for a long time about the deplorable conditions at NCC's Shiprock facility because on several occasions I have been visited by the president and faculty of that school seeking help in repairing and renovating their facilities. I have responded to those requests for help by seeking funding for construction under the Tribal College Act. The Bureau of Indian Affairs has failed for several years to seek funding for construction under that act and the money has never been appropriated. Unfortunately we have now come to this: a school enrolling over 400 young native Americans--many of whom have no other alternative for post-secondary education--will lose their school. This will leave the Shiprock area without a community college, will deprive at least 87 people of their livelihoods and will devastate the educational plans of many deserving students. The safety problems and building deficiencies which the BIA has catalogued are not trivial--the college has been talking about them for a long time and trying to get help for a long time. However, I understand from the college that the work which the BIA has indicated must be done contains many duplicative listings and accordingly the cost to bring this school up to minimum standards may be considerably less than stated in the report. Furthermore, I am advised that the cost of repair may well be less than the cost of demolition. It just does not seem to make sense to demolish a school when it could be kept open for the same sum. My amendment requires the Bureau of Indian Affairs to report to the Congress within 30 days the measures which the Assistant Secretary intends to take concerning the physical structure of the building and a list of the resources that are required to alleviate the health and safety hazards that have resulted from the poor condition of that structure. I understand that the college has many questions about the inspection report and the estimate of repair which the BIA has produced. I myself have many questions about the situation which I hope can be answered through this report. I am hopeful that some way can be found to keep this school open. This report will be an important first step in that process. The school year is near commencing and I think it is very important that we go ahead with this amendment at this time. I, also, of course, commend my colleague, Senator Domenici, who is a cosponsor of this amendment with me. I know both of us urge the adoption of the amendment. I yield the floor. The PRESIDING OFFICER. The Senator from New Mexico. Mr. DOMENICI. I do urge my colleagues to support this amendment that Senator Bingaman has just called up. I am a cosponsor. It is really an unbelievable situation. We just have to get some answers. We cannot close this campus, which is the principal place to educate many, many Navajo Indians. We just cannot let this happen. The Bureau of Indian Affairs Shiprock Agency Safety Management Office has notified the Shiprock campus of Navajo Community College that it must immediately vacate building 1228 which houses the entire Shiprock campus program. This decision calls for at least 50 percent of repairs being complete before the building will be allowed to be reopened. Estimated repair costs are $8.4 million. This decision can be appealed to the BIA area office in Window Rock and the central office here in Washington, DC. The fall program might not be available to some 400 students unless we are able to find a way to ensure that the doors will be open. Our amendment calls for a report to pinpoint what is needed to keep the Navajo Community College Shiprock campus open and serving its students. The fact that the facility has been able to reach this state of deterioration is a shame that should be rectified. I am a bit puzzled by the lack of coordination within the Administration. It strikes me as very strange that the BIA can mandate the spending of money to repair a building while no requests for funds to address the problem have been made. I hope the report clarifies the internal budget process that allows this kind of emergency to happen. The President's budget had no request of any kind to address the problems at the Shiprock campus. I urge my colleagues to support our effort to clarify this matter at the earliest possible date. The PRESIDING OFFICER. The Senator from Oklahoma. Mr. NICKLES. Mr. President, we have reviewed the amendment offered by Senator Bingaman and Senator Domenici. We have no objection to that amendment. The PRESIDING OFFICER. Is there further debate? The Senator from West Virginia. Mr. BYRD. Mr. President, the amendment has been reviewed on this side of the aisle. We have no objection and are prepared to recommend its adoption by the Senate. THE PRESIDING OFFICER. If there be no further debate, the question is on agreeing to the amendment. The amendment (No. 2411) was agreed to. Mr. BINGAMAN. Mr. President, I move to reconsider the vote. Mr. DOMENICI. I move to lay that motion on the table. The motion to lay on the table was agreed to. Indian Health Mr. DOMENICI. Mr. President, Indians supported a President in the last election based on the false perception that he would respond generously to their needs. Instead, American Indians are seeing a President who holds out the promise of a better health care system, while dismantling the substandard one they already have in place. This is hardly what the Indian people had in mind when they voted in overwhelming numbers for this President. By treaty, law, court decisions, and policy declarations, the U.S. Government has forged a special relationship with America's poorest minority group. While supporting and encouraging self-determination, the U.S. Government remains directly responsible for providing health care and education for American Indians. While there are many other areas of responsibility like housing, economic development, law enforcement, and natural resource protection, I would like to focus my colleagues' attention on the two key Federal responsibilities of health care and education for American Indians. Few Members of the Congress seem to be aware of the fact that the President's budget for fiscal year 1995 proposed a reduction of $247 million or 12.7 percent from the 1994 Indian Health Service [IHS] budget. Fortunately, Chairman Byrd, Chairman Inouye of the Indian Committee, and other Senators and Representatives have worked diligently to successfully overturn this disastrous recommendation. The Senate Interior Appropriations Subcommittee, facing the same tight budget situation as the President faces, did more than replenish these vital funds. The subcommittee has recommended a total IHS Fiscal Year 1995 budget of $1.969 billion, which is $26 million more than last year's budget. The original proposed budget effectively barred the hiring of new doctors, nurses, and other key hospital staff even though new hospitals and clinics are planned to open this fall. Other staff reductions were threatening to reduce critical medical services nationwide. The administration, in an unusual amendment to its original budget submission, restored half of the reduction, or about $125 million. This was done after many objections were heard about the truly negative impact on Indian people of the original IHS budget for 1995. In my own home State of New Mexico, a national priority 75-bed hospital in Shiprock will be competed this fall at a cost of about $55 million. Under the President's plan, fully half of the new facility would have been left idle despite the well-documented need for immediate increases in medical service delivery. The Shiprock area is one of the fastest growing Indian areas in America. Thanks to the House and Senate Appropriations Committees, $9.4 million will be set aside for medical and supportive staff at the Shiprock hospital, known as the Northern Navajo Medical Center. The Tohatchi Clinic is also included in congressional restoration action at a level of $3.4 million. This facility faced similar problems of idle capital investments in an area of high medical needs. The IHS is the Federal agency directly responsible for providing health care to Indians through a system of hospitals, clinics, and centers. The IHS delivers babies, fixes broken limbs, provides surgery, treats cancer, gives dental care, and tackles mental illnesses. In addition, the IHS provides necessary sanitation facilities for Indian housing and community needs. Unfortunately the sanitation facilities construction budget is sadly inadequate. The President originally requested no funds for poor and failing systems. Often, there is no system at all. In New Mexico alone, every pueblo and tribe has at least one request in to the IHS for solid waste improvements, lagoon expansion, well construction or repair, pumps, meters, housing support, sewer system improvements, or facility replacements. This list is four pages long in single line summaries. To raise all Indian tribes and communities to a level I sanitation deficiency classification would cost $1.7 billion in the Albuquerque area alone. After reconsidering his initial mistake, the President increased his original budget for sanitation facilities from zero to $42.5 million. Fortunately, the Senate subcommittee has increased this amount to $85.1 million. Even with this increase, I remain disheartened that we will be unable to help New Mexico Pueblos like Zuni and Acoma tap new sources of water. At Zuni Pueblo, the water has a rotten egg smell, ruins water heaters, and cannot be used in many hospital applications. This Pueblo's request for $13 million has gone unanswered for 5 years. I am still seeking a multiyear approach with possible cost sharing as a funding device. On the education side of the ledger, it is a sad fact that Indian children have more impediments to completing a good education than all other Americans. Their dropout rate is the highest in the nation at 36 percent, compared to 28 percent for Hispanics and 22 percent for blacks. According to ``Indian Nations At Risk'' (1991), prepared by the U.S. Department of Education, poor academic achievement is the norm for 60 percent of native American students. Among all ethnic groups, Indian children have the highest percentage--32.3 percent--of those students performing below basic skill levels in mathematics. Indian students have the smallest percentage of those performing at the advanced level--4.8 percent. In short, there is a greater percentage of Indians performing at the poorest levels than any other group and a smaller portion at the advanced levels than any other student group in mathematics. By way of comparison, 15.5 percent of White students perform at the below basic skill level in mathematics, half the Indian level, and 22.4 percent of white students are in the advanced category--more than four times the Indian achievers. Asian students perform better, Hispanics and blacks are below whites but above Indians in achievement in mathematics. Indians remain at the bottom in this particular category and others as well. The education problem for American Indians is well analyzed in ``Indian Nations At Risk'' and was addressed by the White House Conference on Indian Education in 1992. The administration appears to be dabbling around the edges of the current and clearly inadequate educational system for Indians. I must give the administration credit for the proposed increases in the Indian School Equalization Program [ISEP]--$12.4 million was added by the President. This is a needed and helpful, but slight increase in a total ISEP effort of $261.8 million. At this level, the Bureau of Indian Affairs [BIA] estimates that payments to schools with Indian students will increase to $2,992 per weighted student unit from the current level of $2,874. With such factors as boarding schools and special education needs factored in, actual per-Indian student expenditures average over $4,000 under this account. A major weakness of the BIA education program for Indian students is the program for facilities management and construction. I have just received the sad word that the Shiprock Campus of Navajo Community College is being closed because the buildings have been condemned. Some 450 students will be without classrooms this fall unless we are able to resolve this problem in the very near future. This condemnation highlights the type of problem generally pervading BIA school facilities. I am also very familiar with a BIA elementary school on the Mescalero Apache reservation in New Mexico that was burned to the ground almost 5 years ago. This school remains a temporary school in a community center as very little is done to build the needed new school. There are about 600 elementary school students on the Mescalero Apache reservation. Estimates are that hundreds of millions of dollars are necessary to build every needed school and bring every existing Indian school up to standard. In the face of this $550 million problem, the President requested $43 million, primarily for repair and improvement of existing facilities. There are no funds requested by the administration for new school construction or for the planning and design of any new BIA schools. Last year, only $13 million was requested for planning and design of new school construction. Mr. President, I do not pretend to have the answers for every problem in Indian health care or education. As a Senator from New Mexico, I am very familiar with the wonderful Indian people who live in pueblos and on reservations. I know their joys and their problems. There are 19 pueblos, 2 Apache tribes, and about a third of the Navajo Nation in New Mexico. Self determination and economic independence are certainly goals to be admired and pursued for the Indian people of New Mexico and this Nation. In the meantime, we cannot shirk our Government's treaties, laws, court cases, and policy declarations in favor of the Indian people of America. The Interior appropriations bill before us makes important improvements in this area, but much remains to be done. We should not be dealing in a new round of false promises where specific and clear commitments are most necessary. I look forward to a better record on the part of the administration when the 1996 budget is submitted. In the interim, I will work for better budget decisions to help Indian people reach the quality of health care enjoyed by most Americans. I will also be involved to see that Indian education programs are more responsive to the realities of life on the reservation. We certainly need more innovation to help Indian students up the educational ladder. If we need change in America, we need it in Indian health and education programs. It is particularly important that we do not deliver politics as usual to the first Americans. amendment no. 2412 (Purpose: To provide funding for the Southwestern Fisheries Technology Center) Mr. DOMENICI. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: The Senator from New Mexico [Mr. Domenici], for himself and Mr. Bingaman, proposes an amendment numbered 2412. Mr. DOMENICI. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: On page 10, line 20, strike ``$45,525,000'' and insert ``$49,848,000''. On page 2, line 11, strike ``$599,230,000'' and insert ``$598,480,000''. On page 2, line 25, strike ``$599,230,000'' and insert ``$598,480,000''. Mr. DOMENICI. Mr. President, I rise to offer an amendment to the fiscal year 1995 Interior and related agencies appropriations bill. The amendment I am proposing will provide funding for the continued construction of the Southwestern Fisheries Technology Center through the Fish and Wildlife Service. My distinguished colleague from New Mexico, Senator Bingaman, joins me as a cosponsor of this amendment. The Southwestern Fisheries Technology Center consists of the Dexter National Fish Hatchery and the Mora Fish Hatchery in New Mexico. The Fish and Wildlife Service will have obligated all available appropriations for the center by the end of this fiscal year, 1994. Further construction on the project will not proceed in fiscal year 1995 without the funds included in this amendment. The amendment provides $4,323,000 to fund phase 2 of the Southwestern Fisheries Technology Center. This funding is needed to construct a combined administration and dry laboratory facility and a new storage and maintenance building at Dexter. The Dexter National Fish Hatchery is over 60 years old. It was established in 1931 to meet the demands for warmwater game fish in the Southwest. Since 1978, the Dexter Fish Hatchery has focused its work on endangered species of fish. Today, Dexter is the only facility in the Nation dedicated exclusively to holding, studying, culturing, and distributing endangered fish for restocking in waters where they occurred naturally. Dexter currently is working on 13 endangered and 3 threatened fish species. In fiscal year 1992, Congress began the task of rehabilitating the 60-year-old Dexter facilities. With phase 1 funding, a new production facility is being constructed. To build the production facility, the current administration, wet laboratory, and storage buildings at Dexter had to be demolished. A 54- year-old residence is currently being used as temporary space while the new production facility is being constructed. Phase 2 of the Dexter project to build a new administration building, wet laboratory, and storage buildings is now critical, and these funds are needed, and can be expended, in fiscal year 1995. Additional funding is needed for the Mora Hatchery to equip and outfit the new production building, which is to be constructed with Phase 1 funding. Without the Mora funds, the Mora Technology Center cannot initiate operations to begin native, threatened, and endangered fish production and technology development. Mr. President, the Southwestern Fisheries Technology Center is a unique part of the Fish and Wildlife Service. It will be the only center exclusively dedicated to the breeding and stocking of endangered fish, as the Dexter Center is now. The Dexter hatchery currently holds 13 endangered and 3 threatened species of fish, which are being propagated for reintroduction into native habitat as part of endangered species recovery plans. Adding $4,323,000 to the bill will significantly advance phase 2 of this center, and will complete the most significant parts of these facilities. The adoption of the amendment will allow both the Dexter and Mora facilities to be up and operating to support the requirements of the Fish and Wildlife Service, especially those related to endangered and threatened species of fish. The full amount of the budget authority associated with this amendment--$4,323,000--can be accommodated within the subcommittee's existing 602(b) allocation. The fiscal year 1995 outlays associated with this amendment are $648,525 under the Fish and Wildlife Service construction account in fiscal year 1995. These outlays are fully offset in the amendment. I sincerely appreciate the assistance of the distinguished chairman of the Appropriations Committee in the consideration of this amendment. I thank my distinguished colleague from Oklahoma for his review of this amendment. I urge the adoption of the amendment. Mr. President, this amendment is offset by reducing funding in the bill for two New Mexico items funded in the bill through the Bureau of Land Management. The reduction in BLM will achieve the $648,525 in outlays needed to fund the Southwestern Fisheries Technology Center. Mr. President, I understand both Senator Byrd for the majority and Senator Nickles for the minority have no objection to this amendment. I am pleased Senator Bingaman is my cosponsor. The PRESIDING OFFICER. The Senator from New Mexico. Mr. BINGAMAN. If I could briefly comment, I compliment my colleague for the amendment. I cosponsor it and urge its adoption. I do believe we have found acceptable offsets which will allow this funding to be included in the bill. These are very important projects for our State, both for Mora County and north Chavez County. We very much believe we need to go forward with the completion of these projects. This is important language, important funding to keep in the bill so that completion can occur. Mr. NICKLES addressed the Chair. The PRESIDING OFFICER. The Senator from Oklahoma. Mr. NICKLES. Mr. President, I wish to compliment my friends and colleagues, Senator Domenici and Senator Bingaman, particularly Senator Domenici, because he has been working for several days now trying to find some offsets that were suitable and acceptable. He has done both and is funding a project I know he believes is very, very important to his State and to our country. I compliment him as well for finding some offsets within his State. We have no objection to this amendment. Mr. BYRD addressed the Chair. The PRESIDING OFFICER. The Senator from West Virginia. Mr. BYRD. Mr. President, I congratulate the two Senators from New Mexico on the amendment. They have worked long and worked hard on it. I am prepared to accept the amendment and recommend that the Senate adopt it. Mr. DOMENICI. Mr. President, might I just extend my appreciation to Senator Bingaman for his work on this amendment. The PRESIDING OFFICER. Is there further debate? If not, the question is on agreeing to the amendment. The amendment (No. 2412) was agreed to. Mr. DOMENICI. Mr. President, I move to reconsider the vote by which the amendment was agreed to. Mr. BINGAMAN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. WARNER addressed the Chair. The PRESIDING OFFICER. The Senator from Virginia. Mr. WARNER. Mr. President, I wonder if I might inquire from the distinguished chairman and the distinguished comanager from Oklahoma as to what advice they might give the Senate with respect to what is anticipated for the remainder of the evening on this important piece of legislation. Mr. BYRD. Mr. President, I am happy to state to the distinguished Senator that it is my belief that within 30 minutes, we will be voting on final passage of the bill. That is the outlook at this point. I may be mistaken. There is one other possible amendment---- Mr. WARNER. I interpret that the time could be short. Mr. BYRD. We have several colloquies. I might just say, I think it is a pretty good bet at an outside we would be voting within 30 minutes. Mr. WARNER. Mr. President, I thank the distinguished chairman. Mr. NICKLES. Mr. President, I will just notify the chairman of the committee, we have been working this side of the aisle, because we had a lot of amendments that were pending. I think we have had great cooperation from our Members. To my knowledge, we only have one amendment that is outstanding that may require a vote. I think the remainder of the amendments have either been withdrawn or we have been able to work out colloquies to the Member's satisfaction. That one amendment that is outstanding that may require a vote is Senator McCain's amendment. I understand that the chairman of the committee is not willing to accept that, and so I will inform Senator McCain and see if we cannot get that amendment withdrawn or voted on very shortly. So we should notify all Members that final passage may well occur pretty quickly. I appreciate the chairman's leadership and cooperation. Mr. BYRD. Mr. President, I thank the Senator for his kind words. Before the Senator from Virginia leaves, I understand now that, based on some words that I just received, it probably will be 7 o'clock on final passage. Mr. WARNER. I thank the chairman. Mr. NICKLES. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. BYRD. Mr. President, it appears, from checking the list on both sides of the aisle, that action has now been reduced to various and sundry colloquies, and if my colleague, Mr. Nickles, agrees with me, I will ask unanimous consent that these several colloquies be entered into the Record. I very shortly will enumerate them. Mr. NICKLES. Will the Senator yield? Mr. BYRD. Yes. Mr. NICKLES. Mr. President, we have contacted all the Members who had amendments that were on the list. Several have withdrawn those amendments. Others we have been able to satisfy with a colloquy. And some of the amendments we have accepted. So I am not aware of any additional amendments from our side on the bill, and so I think we are done. I also might mention to the chairman there is no request on this side for a rollcall vote on final passage. It would be my hope that we could pass the bill by voice vote. Mr. BYRD. Mr. President, I am advised on this side of the aisle that there are no further amendments. I would share the desire of the Senator that there be no rollcall vote on final passage. There will be a rollcall vote on the conference report, however, when it is brought back to the Senate. Now, the list of colloquies, Mr. President: Bingaman and Byrd; Bond and Byrd; Bumpers and Byrd; Campbell and Byrd; five colloquies by Craig, Byrd, and Nickles; a colloquy by Danforth, Byrd, and Nickles; one by Daschle and Byrd; Dole and Byrd; Dorgan and Byrd; Faircloth, Byrd, and Nickles; Hatfield and Byrd; Inouye and Byrd; Johnston, Akaka, Byrd, and Nickles; two colloquies by Johnston and Byrd; one colloquy between Kennedy and Byrd; one colloquy among Leahy, Lugar, Byrd, and Nickles; one involving Leahy, Lieberman, Byrd, and Nickles; one involving Mathews, Byrd, and Nickles; one involving Metzenbaum, Byrd, and Nickles; one involving Moynihan, D'Amato, and Byrd; one between Murray and Byrd; another one between Murray and Byrd; one involving Simpson, Byrd, and Nickles; one involving Wallop, Byrd, and Nickles; one involving Wallop and Byrd; one involving Wellstone and Byrd; one involving Coverdell, Nunn, Byrd, and Nickles. Mr. President, I ask unanimous consent that the aforementioned colloquies, with the exception of the last one, be included in the Record as though read. The PRESIDING OFFICER. Without objection, it is so ordered. funding provided by the u.s. geological survey through the federal/ state cooperative water program Mr. BINGAMAN. Mr. President, if I may, I would like to engage the chairman of the Appropriations Committee in a colloquy. Mr. BYRD. I am agreeable to engaging in a colloquy with the Senator from New Mexico. Mr. BINGAMAN. Water is the lifeblood of the West, as you know, and we are largely dependent on underground bodies of water to serve domestic, commercial, and industrial uses. As the West urbanizes and industrializes, the demands placed on our aquifers grow ever greater. The citizens of Albuquerque and the surrounding communities north of the city are growing increasingly concerned that the aquifer is being depleted at a faster rate than it is recharging. The long term implications of a net negative drawdown of the aquifer could spell disaster for these communities. The U.S. Geological Survey, in conjunction with appropriate non- Federal entities, could undertake activities such as drilling monitoring wells that would provide much needed information on aquifer levels. I understand that the Federal/State Cooperative Water Program is a highly competitive program for which proposals much be submitted. I ask the Chairman whether we can expect that scientific and technical assistance for hydrologic studies could be provided by the USGS, through the Federal/State Cooperative Water Program, if a proposal is submitted by the State or local government(s) as a priority need? Mr. BYRD. That is correct. Costs associated with this study could be shared equally by the USGS and a non-Federal cooperating agency, if a proposal is submitted by a local or State government as a priority need. Mr. BINGAMAN. I thank the Chairman. Mr. BYRD. I thank the Senator. rolla research center Mr. BOND. Mr. President, I wish to engage in a colloquy with the distinguished chairman of the Committee on Appropriations with regard to the terms and conditions of the Bureau of Mines' consolidation and closure plans as they relate to the Rolla Research Center in Rolla, MO. As the chairman knows, I am deeply troubled about the impact the administration's plan will have on Missouri's mining industry, the ongoing environmental cleanup effort, as well as the impact on the University of Missouri-Rolla, the Missouri Department of Natural Resources, and others. I remain strongly opposed to the administration's plan and the process by which the decisions were reached. Be that as it may, I wish to express my appreciation to the chairman who has worked under very difficult budgetary constraints to supply an additional $3 million to provide partial funding to continue reduced operations of the Rolla, MO, and Tuscaloosa, AL, research centers and the Alaska field operations, all of which were scheduled for immediate closure under the Bureau's consolidation plan. As we move into fiscal year 1995, I ask the distinguished chairman, what is the intent of the committee regarding transition of the Rolla Research Center? Mr. BYRD. Yes, in fiscal year 1995, it is the intent of the committee that the Bureau provide adequate funding to maintain a necessary staff approximating 25 FTE's at the Rolla Center which should allow a successful collocation with the University of Missouri-Rolla to preserve their capacity to conduct environmental remediation research. Mr. BOND. Mr. President, do I correctly understand that until such time that the property is transferred to the University of Missouri- Rolla, the Bureau of Mines should preserve the personnel necessary to operate the core equipment base and that all facilities needed to accomplish the continuing research will be kept at the Rolla Center and that these facilities will include all installed equipment such as benches, hoods, phones, and computer systems as well as all analytical instrumentation and metal processing equipment needed for planned environmental research, especially those devices deemed to be the core equipment base? Mr. BYRD. Yes, that is the understanding of the committee. Mr. BOND. Is it correct the committee has made this recommendation in part, because of the Rolla Centers' demonstrated skill and strategic location for major metal processing and remediation operations, in part, to assist the Twin Cities Center in its efforts toward remediation, in part, to prevent the local expertise from being lost, and in part, to avoid the added costs and local economic trauma of a total shutdown? Mr. BYRD. The Senator from Missouri is correct. Mr. BOND. Finally, as this transition proceeds, I will continue to work with the chairman to monitor, evaluate, and, if necessary, to consider appropriate modifications should the Bureau's implementation prove unworkable or unwise. Will the chairman assist me in this effort? Mr. BYRD. As always, I will be happy to work with the Senator from Missouri. Mr. BOND. I thank the chairman for his assistance. energy efficiency programs Mr. BUMPERS. Mr. President, I rise to enter into a colloquy with my distinguished colleague from West Virginia, the chairman of the Senate Appropriations Committee, Senator Byrd. As my colleague knows, I have long supported State programs which promote the use of energy efficient and renewable energy technologies. In fact, I cosponsored the legislation which authorized many of these programs, including the State Energy Conservation Program, the Institutional Conservation Program--also known as schools and hospitals--and, the Low Income Weatherization Program. While I serve on the subcommittee and understand the funding limitations we operate under, I am very concerned by the committee's proposed reductions from the President's requests for energy efficiency programs in the Interior bill. The President proposed an increase of $288 million in fiscal year 1995 to implement the Energy Policy Act of 1992, to fund various new initiatives and expand others, and to implement the voluntary programs contained in the climate change action plan, many of which are based on the Energy Policy Act. The House provided an increase of $134 million for these accounts, but the Senate committee was only able to provide an increase of $53 million for this important area. I was a Member of this body in the 1970's when the State programs were originally authorized. In the fiscal year 1979 appropriations bill, total funding for the State Energy Conservation Program, the Institutional Conservation Program and the Low Income Weatherization Program was $558 million. Accounting for inflation, to maintain these programs at the fiscal year 1979 level, we would need to provide them with over $1 billion. This bill will provide only $264.4 million. These programs help create good jobs in our economy and leverage large amounts of non-Federal dollars. For example, a recent survey showed that Federal funds flowing through the State Energy Conservation Program leverage $17 to $25 in non-Federal funds for every Federal dollar invested. The Schools and Hospitals Program cost-shares the installation of energy efficiency measures in qualified buildings, reducing medical costs and permitting more money to go directly to education of our children. The State Energy Conservation Program delivers energy services to every sector of our economy, including the small business community in which I have a special interest, not to mention our homeowners. In light of the important national goals these programs promote, especially the State grant programs, I believe the House-passed funding levels are preferable to what we have been able to do. I wish to ask my distinguished colleague whether, in light of the importance of these programs, he could work toward restoring the funding in these programs to the House-passed levels during the conference which will follow today's floor action? Mr. BYRD. I appreciate my colleague's strong support for these programs, and I will consider the concerns of the Senior Senator from Arkansas for the energy conservation programs. u.s. bureau of mines Mr. CAMPBELL. Mr. President, I would like to ask the Senator from West Virginia, and the chairman of the Appropriations Committee, to yield to me for the purposes of engaging in a colloquy on the issue of downsizing at the U.S. Bureau of Mines. Mr. BYRD. Yes, I will be happy to yield to the Senator from Colorado. Mr. CAMPBELL. I know the chairman has worked diligently to enact the principles of the National Performance Review by downsizing our Federal Government, and I commend him for his work thus far. I am sure he can understand my concern about the Bureau of Mines downsizing plan, as it greatly affects the mining industry, which is very important to my State of Colorado. As I understand it, the focus of the reinventing government proposal is to cut unnecessary programs and employees from the Federal Government. Understandably, the Bureau of Mines does much of its research in the States, and I agree that the Bureau's plans to downsize must include some cuts in the field. Still, I believe that the Washington, DC office of the Bureau should share an equal burden of cuts in employees, particularly because there will be a need for less oversight if there are fewer employees in the field. According to the information provided to me by the Bureau of Mines, the field offices will be sharing a greater burden of cuts than the Washington, DC office in fiscal year 1995. My office has been in continual contact with the Bureau of Mines and we have been told that most, if not all of those 145 positions listed as ``unallocated'' will be designated to the field. Assigning these 145 positions to the field would equal the burden of cuts. Would the distinguished chairman agree with me that with respect to the Bureau of Mines, that the Washington DC, staff should be reduced in sync with the field? And further, is it also the Senator's understanding that most, if not all of the 145 unallocated positions will be designated to the field? Mr. BYRD. Yes, I believe the Senator from Colorado makes a valid point. This administration has stressed the need for each agency to examine thoroughly its functions and cut wasteful spending. While the Bureau of Mines has done this, I agree with you that the Washington office of the Bureau should not grow as employees in the field are cut, and as the Senator says, the Washington office should share an ``equal burden'' of the affects from downsizing. The Washington office should bear its fair share of cuts consistent with the programmatic realignment which is to shift the center of focus of Bureau operations away from Washington, DC and to the field. To answer his second question, yes, the Bureau has assured me that most if not all of those 145 employees listed in the Bureau's numbers as unallocated will be assigned to the field. Mr. CAMPBELL. I thank the chairman. I would now like to discuss the issue of reimbursable employees. The Bureau of Mines has informed me that of the 90 full time employees [FTEs] that are scheduled to be cut in the Denver field offices in fiscal year 1995, the Bureau expects approximately 40 to 45 employees will be funded by reimbursable agreements. Is that the distinguished chairman's understanding? Mr. BYRD. Yes, the Bureau of Mines informs me that of the 90 FTEs slated for cuts this fiscal year from the Denver field offices, they expect 40 to 45 FTEs will be funded under reimbursable agreements. Mr. CAMPBELL. According to the budget numbers provided to me by the Bureau of Mines, the Washington, DC office will get an increase in funds of more than $1 million in fiscal year 1995 to a total of more than $64 million. This increase in funds occurs at the same time that the Bureau is cutting and even closing several field offices. The Bureau has assured me, however, that of the $64 million allocated to the Washington, DC office, nearly $8 million will be allocated to the field, including; $3 million for health and safety, $3.8 million to environmental technology and $450,000 to Denver for the personnel division. Reducing the Washington, DC budget by $8 million would bring the Washington, DC budget to close to $56 million. I continue to believe that it is important for the Bureau to ensure that an equal burden of cuts be shared by the Washington, DC office. Is it the chairman's understanding that of the $64 million in the budget account for the Washington, DC office of the Bureau of Mines in fiscal year 1995, about $8 million is intended to be distributed to the field? Mr. BYRD. Yes, that is my understanding. Mr. CAMPBELL. Finally, I would like to ask the chairman if he would be willing to try to include language in the statement of managers that will accompany the fiscal year 1995 Interior appropriations conference report pertaining to this discussion. Mr. BYRD. It is my intention to work with the Senator and take to conference the language pertaining to the clarifications we have just discussed. Mr. CAMPBELL. I would like to thank the Senator for his time and attention to this matter. Mr. BYRD. It has been my pleasure working with the Senator from Colorado and I assure him that I will continue to monitor the downsizing at the Bureau of Mines to ensure that their efforts are consistent with the spirit of the Reinventing Government initiative. I commend the Senator for his commitment to this issue. forest service roadless area entry Mr. CRAIG. Mr. President, I note that the Committee on Appropriations retained in this bill the full level of road funding sought by the Clinton administration in order to accomplish the full timber sale program requested by the administration. Accomplishing this administration's timber objective certainly would be more difficult, and perhaps impossible, if entry into roadless areas is restricted as suggested in the report language of the other body. I am troubled that roadless area entry continues to arise as an issue notwithstanding the provisions of completed forest plans. In a letter dated June 9, Forest Service Chief Jack Ward Thomas described the adverse impacts of a prohibition on roadless area entry. He particularly noted the importance of access to released roadless areas for the purpose of remedying forest disease, and fuels buildup that threatens massive forest fires. Did the committee consider that letter? Mr. BYRD. In response to the Chief's letter, the committee has attempted to provide as much flexibility as possible to the Forest Service to manage the forests, consistent with current law and the forest plans. Mr. NICKLES. I concur with the chairman's view. Let me further add that the Chief of the Forest Service, Jack Ward Thomas, has expressed strong concerns about road funding needs for fiscal year 1995, including strong opposition to substantial cuts imposed in the bill approved by the other body. The Chief has indicated that new road construction--a very small amount of which would enter released roadless areas in fiscal year 1995, is critical toward addressing wildfire, insect infestation, and forest disease problems. Mr. CRAIG. The Senate has regularly used authorizing legislation to designate wilderness or wilderness study areas within roadless lands. Does the subcommittee agree that authorizing legislation may be used to address the roadless area issue? Mr. BYRD. As indicated, we have sought to provide flexibility. Restrictions should be addressed either through authorizing legislation or through amendments or revisions to forest plans. Mr. CRAIG. I thank the chairman and ranking member for their clarification on this matter. tree measurement cruising Mr. CRAIG. I would appreciate the chairman's clarification on another issue of concern, regarding tree measurement sale preparation requirements, conducted by the Forest Service. My understanding is that the committee intends that current year language, concerning implementation of timber sale tree measurement sales, is to be carried forward to apply in the same way for fiscal year 1995. Mr. BYRD. The Senator's understanding is correct. The committee intends that policy directed by language included for the current year fiscal year--1994--would remain in effect for fiscal year 1995, requiring use of tree measurement to assess timber sale volume, with certain specific exceptions for salvage and thinning. Mr. CRAIG. I thank the chairman. Further, as the chairman knows, the fiscal year 1994 Interior Appropriations act directed full implementation of tree measurement, except in selected areas for salvage or thinnings. In addition, the scaling method could be used where needed to support the Agency's efforts to evaluate and monitor its cruising techniques and help assure accurate timber sale volume measurements. Mr. BYRD. It is the intention of the committee to make sure that the Forest Service continue to take the necessary steps to assure sale volume accuracy, as tree measurement techniques go into full effect. To the Senator's last point, the committee expects that any sales prepared during fiscal year 1995 which involve the use of scaling, for allowed exceptions, would involve Forest Service personnel, or will be accomplished by contract issued by the Forest Service and paid for using deposits by the timber purchaser, as was provided for in fiscal year 1994. Mr. NICKLES. The minority side also agrees. The committee recognized, in the 1994 Interior Appropriation Act, that in moving to tree measurement, further monitoring must be done to assure accuracy. forest service research Mr. CRAIG. Mr. President, I note that the Committee on Appropriations has adopted a level of funding which is supportive of Forest Service research activities. I'm certain you will agree that research is critical in order to provide the foundation for management decisions which have become increasingly complex. For that reason, I am concerned that an important research project at the Intermountain Research Station will not be funded in fiscal year 1995. Since this research project is in danger of being discontinued 2 years before it is complete, may I ask the distinguished chairman and ranking member of the subcommittee if I could engage them in a colloquy? Mr. BYRD. I understand the concern that the Senator from Idaho has regarding this research. I am happy to respond to his inquiries. Mr. CRAIG. I thank the chairman. Because of the decline in anadromous salmon populations in Idaho, it has become important to understand the interactions of management activities such as grazing and riparian protection along streams. One study designed to learn specifically of these relationships is Riparian-Streams Ecosystems Research No. 4202. This study has been underway for 3 years and has involved considerable commitment from livestock grazers and other parties working with the Forest Service. Fence exclosures have been built at some expense and other on-site experiments have begun to yield information. If this research is dropped, it would appear that appropriated research funds from past years have not been used to the best advantage. Data gathered thus far might not be statistically reliable if the study period is cut short. I ask the ranking member if he would concur? Mr. NICKLES. I understand the Senator's concern about cutting off this research in midstream. The committee has provided appropriations to fully fund this research project in fiscal years 1992-94. Mr. CRAIG. Then is it the committee's view that the Forest Service should take every opportunity within its fiscal year 1995 research appropriations to continue this research project in order to gain its full benefit? Mr. BYRD. The committee understands the need for research to establish the best management practices for riparian areas. The budget proposed funding for the Intermountain Research Unit No. 4202 at a level of $447,000, which is less than has been provided in prior years. As the Senator knows, today's budget environment requires that restrictions be made. This bill is funded $336 million below last year's level. So, while the work on this project may be important, the level of funding must be balanced against the many other needs in this bill. Within the funds provided for this unit, the Forest Service should seek to continue this research effort. Mr. NICKLES. I concur with the chairman's view. Mr. CRAIG. I thank the chairman and ranking member for their clarification on this matter. materials, metals, and minerals research at inel Mr. CRAIG. I would like to call attention to some most valuable research that is funded in this appropriations bill. The Bureau of Mines utilizes the Idaho National Engineering Laboratory's Research Center for advanced research projects related to Bureau of Mines' missions that can be conducted more efficiently at the INEL. This relationship exists because INEL has facilities and staff that can conduct this research at a lower cost to the Federal Government. There are two primary areas of focus for this research: First, development of advanced technologies for recovery of metals from low- grade resources and wastes, and second, development of advanced materials and processes to produce superior materials and facilitate use of substitute materials. Included are projects on solvent extraction of metals, biologically assisting minerals processing, production of titanium from a plasma reactor, ferrous alloy research, neural network modeling of cupola furnaces, noncontracting nondestructive evaluation for materials characterization, nanostructure materials and fracture mechanics of interfaces. These are very important areas of research and offer some fantastic future possibilities for metal use. The areas being addressed reduce waste and open new and innovative methods of metal production, uses, and evaluation. The research is unique and is taking us to the threshold of metal research and development in the next century and I encourage the continuation of this arrangement between the Bureau of Mines and the INEL. Mr. BYRD. I thank the Senator from Idaho for calling this research to the attention of the Senate. Mr. NICKLES. I recognize the importance of this most crucial research and thank the Senator for his statement. hagerman fish culture experimental station Mr. CRAIG. Mr. President, as the chairman is aware, we have a situation in Idaho which deserves our attention. The Hagerman Fish Culture Experimental Station, formerly the Hagerman Field Station, in the U.S. Fish and Wildlife Service, is a facility in which essential, basic research in fish nutrition and hatchery products is being conducted. This station was proposed for closure in the fiscal year 1994 budget. A colloquy among the Senators from West Virginia [Mr. Byrd], Oklahoma [Mr. Nickles], and this Senator on the fiscal year 1994 Interior Appropriations bill suggested, if funds became available, that the facility remain open and equipment be held in place and made available to the University of Idaho and the aquaculture industry on a cooperative basis until a long-term plan could be worked out for operation of the station primarily by non-Federal entities. This arrangement has not yet been completed, although all parties have made substantial progress in this direction. The Fish and Wildlife Service has kept the station open. The University of Idaho and the Western Regional Aquaculture Consortium, among others, have contributed significant support and are conducting substantial research there. Additional time is needed to finalize a research agenda and plan of operation, but the danger remains that the station may be closed precipitously due to a lack of appropriations. Mr. BYRD. Yes, I am aware of that possibility, since no funds were proposed in the budget for the station for fiscal year 1995. Mr. CRAIG. Loss of this facility would be very unfortunate. Hagerman undertakes research that is key to the large aquaculture industry in Idaho and of great usefulness nationwide. This is an excellent example of State, Federal, and private sector cooperation. Research results from Hagerman have been put to work at other hatcheries outside Idaho, such as Bozeman in Montana and Stuttgart in Arkansas. Mr. NICKLES. I understand that Hagerman provides valuable information to the aquaculture industry. What are the opportunities within the U.S. Fish and Wildlife Service for continuing the research underway? Mr. CRAIG. I have had continuing discussions with the agency and other parties. They believe that an arrangement can be finalized whereby the University of Idaho would continue to shoulder greater responsibility in the research under some form of cooperative agreement or lease. The University is supportive of this proposal, but needs time to plan and arrange funding for the venture. In fact, the University has been following through in this regard and plans an increasing involvement. However, this will not be possible if Hagerman is closed and its equipment removed. Until the details of a long-term agreement can be finalized, I am urging the Fish and Wildlife Service to hold the equipment in place and maintain the facility so as not to foreclose their management options. Ideally, the assignment of adequate non- Federal personnel for the actual station operation and cooperative research would facilitate a long-term definition of mission and transfer of responsibilities. Mr. NICKLES. I agree that the Senator from Idaho has outlined a reasonable, workable solution. The agency should continue to try and work out an agreement with the university and any other appropriate parties and I would lend my support to the Senator's proposal. Mr. CRAIG. I thank the Senator from Oklahoma. I believe the agency would be able to handle this matter internally would like us to see what it will do. However, I believe we should maintain some oversight. Last year, I asked the chairman and ranking member if we could revisit this matter again this year if necessary. I believe much progress has been made and would want the current arrangement to be continued. Mr. BYRD. While I am willing to encourage the Fish and Wildlife Service to continue working with the University to produce a cooperative agreement for the use of the equipment and the facility, I do not wish for us to direct the continued operation of a station proposed for closure in the budget and for which operational dollars are not included in fiscal year 1995. The Service should do everything possible to help ensure that good use can be made of the equipment and the facility. If the University or other non-Federal partners wish to take over the facility, the Service should work toward the development of whatever agreements might be necessary to facilitate such a transfer. pallid sturgeon recovery plan Mr. DANFORTH. Mr. President, on November 7, 1993, the Fish and Wildlife Service released the pallid sturgeon recovery plan. According to the Governor of Missouri, the plan differs substantially from the draft that was offered for comment and review to the State of Missouri. Five technical studies which were critical for the plan's conclusions only became available after the close of the comment period on the draft report. Our State feels very strongly that it should at least have had the opportunity to consider and comment on all of the important information which Fish and Wildlife used to reach its conclusions. On June 17, 1994, the Governor of Missouri wrote the Secretary of the Interior, asking that the comment period be reopened for a period of at least 60 days. The Secretary has not responded to that letter. Does the distinguished chairman of the Senate Appropriations Committee agree that the Department of the interior should re-open the comment period in order to permit Missouri and other States the chance to comment on the plan and all important information which went into preparing the plan? Mr. BYRD. Mr. President, I appreciate the concerns voiced by the Senator from Missouri about time for adequate review of information used in the development of recovery plans. I would urge the Secretary to use any authorities available to re-open the comment period. Mr. NICKLES. I share the concerns of the Senator from Missouri and agree with the distinguished chairman. tree thinning Mr. DASCHLE. Mr. President, as Senator Byrd knows, it appears that the Forest Service will no longer be allowed to use salvage trust funds for thinning trees in the future. Unfortunately the budgeting process for the Forest Service is based on a 3-year cycle and the Forest Service is not able to adjust its budget for fiscal year 1995 to accommodate this clarification in policy. As a result, the Black Hills National Forest will not fully achieve the objectives of the Forest plan in fiscal year 1995. According to the Black Hills National Forest land management plan, stands of trees need to be thinned to prevent insect and disease from attacking the trees. It is my understanding that salvage trust funds can be expended in fiscal year 1995 to prepare and administer timber sales on the Black Hills National Forest for the purpose of thinning commercial stands of trees, where those stands of trees are in jeopardy of being infected with insects and disease. Mr. BYRD. The committee has continued salvage sales, pursuant to the authorities found in the National Forest Management Act. To the extent these authorities can be exercised on the Black Hills National Forest, the Forest Service should seek to do so, consistent with the forest plan. In addition to the salvage authority, the committee has provided additional funding in the regular timber sales program to help with situations such as on the Black Hills National Forest Mr. DASCHLE. I thank the Chairman. I want to emphasize that in the long-run, I agree with the policy that salvage funds should not be used for thinning operations and support the imposition of this restriction for the fiscal year 1996 budget, after the Black Hills National Forest has had an opportunity to adjust. electric vehicles Mr. DOLE. Mr. President, I wish to thank the distinguished chairman, Senator Byrd, and the ranking Republican member, Senator Nickles, for funding electric vehicle field operations at $1,980,000. Kansas State University has spearheaded a team effort as one of 12 sites across the country to test and evaluate electric and hybrid vehicle technology. It is my understanding that the Department of Energy will allocate this $1,980,000 to these 12 sites, known as the Site Operator Users Task Force. The funds provided by the committee will be matched by the site operators on at least 50-50 basis. Kansas State University will join with its local partners--Kansas and Missouri utilities--to purchase five state-of-the-art electric or hybrid vehicles, study multi-phase electric and hybrid vehicles chargers, purchase advanced technology hybrid vehicle components, and work with Underwriters Laboratory to improve the safety of charge stations. Mr. BYRD. The Senator from Kansas is correct. This bill does provide $1,980,000 for electric vehicle field operations. It is also my understanding that the $1,980,000 is to be allocated by the Department of Energy to the site operator program participants. The site operators' program is to be commended, along with the Department of Energy, for trying to move this promising technology forward. Mr. DOLE. I would like to conclude my remarks by commending Kansas State University, Arizona Public Service, Los Angeles Department of Water & Power, Orcas Power & Light Company in Eastsound, WA, Pacific Gas & Electric in San Ramon, CA, Potomac Electric Power Company, Platte River Power Authority in Fort Collins, CO, Southern California Edison, Texas A&M University, University of South Florida, York Technical College in Rock Hill, SC, and the United States Navy in Port Hueneme, CA, for their leadership in developing this exciting and promising transportation alternative for the 21st century. Funding to Fight Child Abuse and Neglect on Indian Reservations Mr. DORGAN. Mr. President, I rise in praise of the distinguished Chairman of the subcommittee and the committee, Senator Byrd. In this bill, he has included a measure that I am convinced will save the lives of countless native American children. Since my early days as a Member of the other body, I have worked to reduce the heartbreaking levels and effects of child abuse and neglect throughout the country. This national problem has reached truly tragic proportions on Indian reservations, largely due to the staggering levels of poverty, joblessness, and alcoholism that come from a lack of economic opportunity for our country's native people. As a father who has raised four wonderful children, I cannot ignore the plight of these children. As a legislator, I cannot ignore the Federal Government's solemn trust obligation to these children. They are our responsibility. When they suffer the pain of beatings, broken bones, neglect, and even death, we have failed them. Mr. President, more than 4 years ago, I held a hearing in Bismarck, ND, to investigate the causes of child abuse and neglect on the four Indian reservations in my State. Even I was shocked at some things I heard. I was especially touched by a little girl named Tamara. Her foster parents had broken her arm and her leg and torn out her hair. The social worker who should have been keeping an eye on Tamara had a caseload of over 200 children. Following that hearing, I worked very hard to increase the number of staff social workers on Tamara's Standing Rock Sioux reservation from 1 to 12, which brought enormous relief to their efforts to save the hundreds of abused and neglected children on that reservation. Just last month, I chaired a hearing of the Indian Affairs Committee in my State. I found that the other three reservations in my State, Ft. Berthold, Devils Lake, and Turtle Mountain, have serious problems with child abuse and neglect that still are at least as bad as the situation at Standing Rock was 4 years ago. The Devils Lake Sioux reservation social services agency, which has had 13 different people in its three staff social worker positions in the last 2 years, has literally piles of abuse and neglect reports that they have never had the staff to review. On the Ft. Berthold reservation, 8 abused or neglected children attempted suicide in a 2- week period. I heard testimony about a 3-year-old child on the Turtle Mountain reservation whose foster parents had locked him in a closet and starved him. We heard about very young children molested by parents or step parents. One girl testified that abuse by her father drove her to start drinking at age 8, until she became an alcoholic at age 14. In 1990, largely through the efforts of Congress' leader on Indian Affairs, Chairman Daniel Inouye, and that committee's vice chair, Senator John McCain, Congress enacted the Indian Child Protection and Family Violence Prevention Act. But we have not funded it at all. The 1990 Act is a good first step toward fixing this national tragedy. I am painfully aware of the realities of our Federal budget. I know we will not be able to fully fund the Act this year. But I have worked with the distinguished chairman and his very able staff director, Sue Masica, and counsel Kathleen Wheeler, to provide $2 million in this bill to establish a model program to fight child abuse and neglect on Indian reservations. The Assistant Secretary of the Interior for Indian Affairs, Ada Deer, who participated in my recent hearing in North Dakota and is a former social worker herself, is very eager to show that we can make a big difference in native American children's lives with a very modest investment. She has pledged to work closely with us to provide the staff and resources in the Aberdeen area to treat and prevent child abuse on Indian reservations--using the additional funds provided in this measure. Secretary Deer plans to use these funds to establish a model program, in the Bureau of Indian Affairs Aberdeen area and on the North Dakota reservations, to help reservations comply with the 1990 law and reduce the appalling levels of child abuse and neglect that they must deal with every day. As I said at our hearing, Secretary Deer's lifelong interest in preventing and treating child abuse is a breath of fresh air at BIA. She has brought a new commitment, on behalf of the Clinton Administration, to addressing a problem that has been ignored far too long. Thanks to the funds we are providing in this measure, we finally will get the chance to give some abused and neglected native American children a way out. I am confident the model program will succeed and inspire us to provide the small additional investment we need to address child abuse and neglect on Indian reservations nationwide. Mr. President, I thank the managers for accepting this amendment. fws funding Mr. DORGAN. Mr. President, I wish to engage the chairman of the Interior Appropriations Subcommittee, and of the Senate Appropriations Committee, in a discussion of a problem of critical importance to North Dakota. Mr. President, the U.S. Fish and Wildlife Service has pulled nearly all of its Ecological Services Division staff from North Dakota, and that action is going to have a severe impact of the ability of farmers to responsibly use the pesticides they need to farm successfully. In North Dakota, the ecological services program has focused, in close cooperation with the North Dakota Department of Agriculture, on the Pesticides Contamination Program. This program tries to ensure that endangered and threatened species are not harmed by use of agricultural pesticides. The program allows for reasonable monitoring of the effects of certain pesticides on animals and plants in specific, sensitive areas, and such monitoring is required by the Endangered Species Act. This program is absolutely necessary if we are going to protect endangered and threatened species in North Dakota, as Federal law demands, and, at the same time, allow farmers to use pesticides that are harmless to people, animals, and the natural environment. A year ago, the Fish and Wildlife Service was appropriated about $21 million in new funding to expand its work related to endangered species. After expending the additional $21 million, the FWS then transferred most of the staff and funding for its ecological services out of the Denver region, including North Dakota, to coastal areas. This is unacceptable. It is unacceptable from administrative standpoint because, in order to meet court-ordered implementation of the Endangered Species Act in other regions, the FWS is killing a much needed cooperative pesticides program which allows rational implementation of the Endangered Species Act in North Dakota. The FWS action is also unacceptable because Congress provided specifically in its fiscal year 1994 appropriations for additional funding to meet the court-ordered requirements I just mentioned. However, the FWS went outside our specific funding provisions and made a wholesale transfer of funding out of the Denver region. I ask the distinguished chairman of the Appropriations Committee: Did he envision that such a withdrawal of funding from Region Eight and the North Dakota Pesticides Contamination Program would occur under his committee's 1994 appropriations bill? Mr. BYRD. I thank the Senator from North Dakota for calling the committee's attention to this problem, and for his question. Congress provided additional funding in fiscal year 1994 so the FWS could meet its endangered species responsibilities without terminating necessary programs in other regions. However, as the Senator knows, with the administrative and FTE reductions proposed in the fiscal year 1994 and fiscal year 1995 budgets, some reductions and realignments may be necessary. But within the resources provided, the Service should continue to take the steps necessary to assist with the North Dakota Pesticides Contamination Program. visitors center at hemphill knob Mr. FAIRCLOTH. Mr. President, I would like to speak about a project that has come to my attention in the Senate Interior Appropriations bill. This project concerns the building of the Parkway Headquarters and Visitor's Center at Hemphill Knob in the Great Smoky Mountains National Park's Blue Ridge Parkway. The Blue Ridge Parkway was established as a unit of the National Park System by an act of Congress on June 30, 1936. The act's purpose was to create a 470-mile motor road between Shenandoah National Park in Virginia and Great Smoky Mountains National Park in North Carolina and Tennessee that would provide a means for leisurely travel and recraetion in a variety of significant southern Appalachian environments. Since this first selected region opened to traffic, parkway visitation has increased dramatically from 101,324 in 1939 to 17,889,335 in 1993--highest visited among all of the 359 parks of the National Park System--even higher than the Grand Canyon National Park, the Statue of Liberty National Monument, and Yellowstone National Park. Despite the complexities of design, construction, development, and operation, plus its ever-increasing popularity, the parkway has not had a permanent headquarters in more than a half-century as a unit of the National Park System. Ironically, although it is almost exclusively rural in nature, the parkway's ``temporary'' headquarters have always been located in the heart of urban areas. After almost four decades in rented office space in Roanoke, VA, headquarters were moved to Asheville, NC in 1972. The reasons for the move were twofold: No. 1, a realignment of the National Park Service excluded Virginia from the Southeast Region, and No. 2, Asheville was a more central location in a now-dormant proposal to extend the parkway to near Marietta, GA. Since its move in 1972, the Parkway Headquarters have been located in what now is the BB&T Building in downtown Asheville. Some 8,100 square feet of office space is leased at an annual cost of approximately $85,000. The present lease expires in 1994. Development of a permanent facility in the Asheville area would eliminate the expense of this lease arrangement, and, more importantly, would accomplish one of the parkway's major objectives. This objective is to: Construct a permanent headquarters/interpretive/archival complex on Parkway lands in order for management to be more accessible and responsive to Parkway visitors and employees. The Federal Government has already purchased a tract of land, totaling 90 acres, in Asheville and has invested money for planning as well. It would make common sense financially to go ahead and fulfill the investment obligations and build the center in Asheville. Representative Charles Taylor confirmed to me that the House had passed the House Interior Appropriations bill which included $910,000 to start construction of the Parkway Headquarters and Visitor's Center at Hemphill Knob, near Asheville. However, in the Senate bill, this funding was not provided. It is my intention to request that during conference, my distinguished colleagues on this committee consider this request of $910,000 to begin construction of these headquarters. Mr. NICKLES. Mr. President, I would like to thank my colleague from North Carolina for alerting me of this situation. In response to my colleague's request, I will try to take this matter into consideration during conference. Mr. BYRD. Mr. President, as the Senator indicated, this project is in the House bill and will have to be discussed during our conference. While no commitment can be made, I will keep the interest of the junior Senator from North Carolina in mind. land exchange pilot project Mr. HATFIELD. As the chairman knows, the land ownership in the Western States is fragmented. Because Federal, State, county, and private lands are intermingled across watersheds and ecosystems, extensive cooperation is required to manage these lands under an ecosystem approach. A pilot project proposal has been brought to my attention which would address the cross-ownership ecosystem management problem by cooperatively identifying environmentally sensitive private lands which would be exchanged for less critical Federal lands on a voluntary basis. The project would test an alternative approach and would involve citizens, landowners, local governments, environmental groups, and Federal agencies in Douglas County, OR. Is it the chairman's understanding that a pilot land exchange project might qualify for a National Fish and Wildlife Foundation grant? Mr. BYRD. The National Fish and Wildlife Foundation funds, which are provided in this bill, are available for grants through a competitive application process. The grants are used for fish and wildlife and research demonstration projects and require matching funds. The committee has no say in the projects ultimately selected for funding by the Foundation. Project grant decisions are to be based on merit. If this project is submitted by its supporters to the Foundation, it should be considered on the same basis as any other projects proposed for grant funding. The same criteria should be used for all applicants. Mr. HATFIELD. It is my understanding that the matching funds requirement can be met. If a proposal of the kind just described is made to the Foundation, I would urge the foundation to seriously consider the project for funding. indian school equalization program Mr. INOUYE. Mr. President, despite severe spending constraints, the distinguished chairman of the Appropriations Committee has once again led the committee in providing funding for programs that take into account the real needs of American Indians and Alaska Natives. I commend Chairman Byrd for his leadership once again. However, the committee included bill language relating to the counts of students attending Bureau of Indian Affairs schools that I would hope would be deleted at such a time as this bill goes to conference. The Committee on Appropriations sought to accommodate the recommendation of the Committee on Indian Affairs on this matter, but the bill language that is included will, I fear, result in underfunding of Bureau of Indian Affairs schools in the coming year. To clarify, I need to begin with existing law. Appropriations for the operation of Bureau schools are currently distributed on the basis of the number of students attending each school and the special characteristics of each student. The count of students is taken the last week of September, and on that basis, an upward or downward adjustment is made to the allocation of funds made earlier to each school. In its proposed budget for fiscal year 1995, the Bureau proposed that it be authorized to use the prior year's count of students, with adjustments made only for enrollment increases over the prior year that exceed 10 percent. The Bureau made the proposal despite the act that when it consulted with Indian educators, 70 percent said they opposed the proposed change. The language included in the bill permits, but does not require, the Bureau to use prior year counts. The concern of the Committee on Indian Affairs is that since the Bureau itself proposed the change, it will-- if granted permission to do so--use the prior year's student count. Mr. BYRD. I share the concerns of the chairman of the Committee on Indian Affairs about how funds for BIA-funded education are distributed. As the chairman has noted, the language which has been included in the bill does not require the Bureau to use prior year counts. Because of the concerns of the Committee on Indian Affairs and the concerns raised during the consultation process, language has been included in the Senate report which clearly requires the Secretary of Interior to consult with the tribes to develop a methodology for distributing funds. Language has also been included in the report which would require the Department to submit a workplan on how the Secretary will conduct the consultation. This language was included to assure that the consultation is conducted in a manner that will ensure that tribes and schools have an opportunity to propose alternatives to the current methodology. Mr. INOUYE. Mr. President, the Bureau estimates an overall increase of about 4 percent in its student count in September 1995. If the increase were evenly distributed, and the Bureau implemented its proposal, none of the schools would be allowed added funding appropriated by the Congress. Even those schools experiencing 5, 6, 7, 8, or 9 percent increases in their enrollments would have to get by with a budget based on the preceding year's enrollment. In the small schools of the Bureau's system, such a shortfall could be especially harmful to educational programs. Mr. BYRD. When the bill language was included in the Senate report, the Committee assumed no particular methodology, as indicated in the report. In other words, the committee did not endorse the methodology proposed by BIA. The Secretary of Interior should consult with the tribes on how to implement the use of prior year enrollment in distributing the funds. However, if no consensus occurs on what methodology should be used or if the tribes do not want to use prior year enrollment, it is assumed that the current count week would continue to be the methodology used by the Bureau. Given the widespread reports of problems associated with the current count week, it is my hope that an improved and fairer methodology would emerge from the consultation process. Mr. INOUYE. The Committee on Indian Affairs shares the concern you have described. It is for that reason that the committee has approved and will soon be recommending to the Senate an amendment to the Improving America's Schools Act that will require the Secretary of Interior to contract with an organization or institution having expertise in school finance to conduct a two-part study of the issues. The first part of the study will be analysis of what level of funding will be required to conduct a school program that meets academic standards of the Bureau; the second part of the study will be an evaluation of the Indian School Equalization Program and a consideration of alternative approaches to providing basic funding for the Bureau schools. Under the amendment, the Secretary will choose a contractor only after the Department has conducted a wide solicitation among organizations and institutions having expertise in school finance. Mr. President, given that the study is to be completed in 6 months, the Committee on Indian Affairs is of the view that any change such as contemplated in the Senate bill should await the completion of the studies and analysis I have described. Mr. BYRD. I appreciate the efforts of the Committee on Indian Affairs to examine the Indian School Equalization Program and support examining alternative approaches to providing basic funding for the Bureau schools. However, I am concerned about the portion of the study that will analyze the level of funding required to conduct a school program which meets academic standards of the Bureau. I share the concerns of the Chairman of the Committee on Indian Affairs that bureau of Indian Affairs schools be adequately funded, and as a result, the committee has provided significant increases in appropriations for Bureau schools over the past few years. Given the caps in discretionary spending that the committee faces over the next few years, it is unlikely that the committee will be able to provide significant increases in the future, regardless of the conclusions reached by the study. Any study on the level of funding required for BIA schools should address ways to utilize better existing funding and ensure that funds are distributed in the most effective manner in light of the very real constraints faced by every program funded through the Interior bill. Mr. INOUYE. I agree with the chairman of the Appropriations Committee that the constraints on spending compel the Bureau and other agencies, of course, to seek to ensure that appropriations are efficiently and effectively employed to accomplish their missions. But we cannot expect accomplishment if the Congress appropriates less than independent school experts determine will be required for the conduct of programs. I thank the chairman of the Appropriations Committee for his consideration of the issues we have discussed and for his consideration of my views on the student count language at such time as the appropriations conferees meet to consider H.R. 4602. Mr. BYRD. I appreciate the concerns and efforts of the distinguished chairman of the Committee on Indian Affairs and will take them into consideration when the conferees meet. office of territories and international affairs Mr. JOHNSTON. I draw the attention of the distinguished floor managers to the third paragraph on page 65 of the committee's report, Rpt. 103-294, which recommends $27,720,000 for construction grants for the Commonwealth of the Northern Mariana Islands [CNMI]. As the report points out, this is consistent with the amount required by section 702 of the existing authorization (P.L. 94-241; 90 Stat. 263). The report language also states ``The Committee has no objection to the use of $2,500,000 within the funds provided to address the costs associated with immigration to the Northern Mariana Islands as a result of implementation of the Compact of Free Association.'' For the reasons I will enumerate below, it is my hope that through this colloquy the Senate, with the support of the floor managers, will also take the position that within the funds provided, the Secretary of the Interior shall take appropriate actions to allocate $7 million for providing technical and other assistance to the CNMI to help track and identify alien workers entering the CNMI, to enforce applicable immigration laws in the CNMI, and to provide technical assistance to the CNMI in developing related labor rules and regulations for alien workers. Specifically, these funds shall be used, with the assistance of the U.S. Immigration and Naturalization Service, to develop a computer data base and identification system for aliens present in and entering the CNMI, including a permanent record of country of origin of these aliens. The funds should also be used for necessary planning, including architectural and engineering work, for the construction of detention facilities which meet applicable Federal standards and requirements for aliens who enter illegally or whose presence is otherwise not in conformance with appropriate immigration laws and policy in consultation with the U.S. Justice Department and other agencies deemed appropriate by the Secretary. This allocation leaves $18 million available for capital improvement projects to be undertaken by the CNMI Government, subject to the CNMI Government providing appropriate matching funds as determined by the Secretary. This amount is consistent with the budget request, and leaves in place the committee's directive that all capital improvement funding be subject to applicable Federal grant regulations. I am not proposing that foreign workers who have entered the CNMI legally and who remain legally employed be expelled from the CNMI. Nor am I proposing that the United States Government take over immigration duties, or that all future immigration to the CNMI be stopped. I do believe however that the CNMI needs to be given the necessary resources, including technical assistance from the INS, the Justice Department, and the Department of Labor to assure that applicable laws are followed and enforced, and that those foreign workers who enter and are present in the CNMI can be properly identified and accounted for and that those present illegally or who are in violation of other applicable Federal laws and policies can be deported. The CNMI has experienced a population explosion since 1980, registering growth of some 250 percent in full-time residents. Much of this growth is attributable to the increase of nonresident aliens, most of whom are believed to have immigrated from areas in the Pacific and Asia other than the former Trust Territory. In 1980, CNMI natives and indigenous peoples constituted 66.6 percent of the population of the CNMI, with full-time aliens, excluding immigrants from areas of the former Trust Territory, constituting just over 12 percent of the population. Immigrants from other Pacific Islands, primarily other parts of the former Trust Territory, constituted about 8.9 percent of the population of the CNMI. By 1993, CNMI natives and indigenous peoples constituted 36.5 percent of the CNMI population, and nonresident aliens, including immigrants from areas of the former Trust Territory, constituted 43 percent of the total population of the CNMI. Pacific Islanders, while increased in raw numbers, constituted just under 7.5 percent of the population of the CNMI. In numbers, estimates are that full-time nonresident aliens, primarily contract workers, immigrating from areas other than the former Trust Territory increased from about 2,100 in 1980 to over 24,800 by 1993, averaging an increase of over 20 percent each year. Registered births to these aliens totalled over 3,000 in 1993, compared to 50 in 1986, and exceeded the number of registered birth to indigenous residents. The United States has a strong Federal interest in seeing that an identification and tracking system is in place and that appropriate laws are followed. Most important, for the purposes of citizenship, the territory of the CNMI is considered U.S. territory. Thus, children born to foreign workers in the CNMI receive U.S. citizenship just as they could if they were born in Los Angeles or New Orleans or New York. These children are entitled to the same benefits and programs that other children having U.S. citizenship in the CNMI receive. Many of these programs and benefits are funded by the Federal Government. Second, part of the stress on infrastructure in the CNMI, which is in part supported by the federally funded capital improvement program, is attributable to the huge increase in the number of full-time alien residents in the CNMI. Finally, to assure the safety and welfare of all U.S. citizens in the CNMI, the Federal Government has a strong interest in knowing who these foreign workers are and making sure that applicable U.S. policies with respect to the entry of these foreign workers are enforced. The purpose of section 702 of the Covenant, enacted in 1976, was to help the CNMI develop needed infrastructure and economic resources to become self reliant. This section authorized the appropriation of $192 million over a 7-year period, 1978 to 1985, for this purpose. At the end of this period, an agreement was reached to provide an additional grant totaling $228 million over a second 7-year period, 1986 to 1992. This second 7-year agreement provided that the CNMI would continue to receive $27.7 million in the eighth year and beyond for capital improvement projects until Congress otherwise provided. In 1992, a third agreement was reached to provide $120 million over a third 7-year period, 1993 to 1999, subject to a phased matching requirement. For a number of reasons, this agreement was never approved by the Congress, leaving in place the mandatory provision of $27.7 million annually for capital improvement construction grants for the CNMI. Accordingly in fiscal year 1993, $27.7 million was provided for this purpose. In fiscal year 1994, an additional $27.7 million was provided, with the understanding that $3 million would be used for construction of a memorial in the American Memorial Park on Saipan, consistent with commitments the U.S. Government made to construct this memorial in the Covenant. In 1993 and 1994, in response to the controversy surrounding the third extension of the 702 grant program, the current administration proposed that in addition to the amounts already received in fiscal years 1993 and 1994, the Federal Government provide the CNMI $18 million in fiscal year 1995, and $9 million in fiscal year 1996, which would make available over $80 million for the third round of capital construction projects. There is no question that needs for improvement in the physical infrastructure of the CNMI remain, particularly in the areas of clean water, adequate sewer treatment, and adequate schools. Rapid economic development coupled with rapid population growth have increased pressures on the existing systems. As set forth in the most recent State of the Territories report, for example, school enrollment in grades K through 7 in the early 1980's was approximately 5,500; that has almost doubled today. Just since 1988, elementary and secondary school enrollment has mushroomed from under 7,400 to over 10,500 in 1993. The economy has also grown at a rapid pace. Tourism has continued to grow. In 1980, there were about 110,300 visitors to the CNMI and altogether 802 hotels rooms, 710 of which were on Saipan. In 1993, over 535,000 visitors entered the CNMI, which now has over 3,300 hotel rooms. Projections are that tourist entries may reach 800,000 annually by the year 2000 if an additional 2,000 hotel rooms can be provided to accommodate the increase. Both of these factors, economic growth centered on tourism and population growth, have placed strains on existing infrastructure. It is my opinion that there is a need for some additional Federal assistance to help meet these needs; however, I also believe that the local government can make more of a contribution than it has in the past. Local revenues have increased dramatically--from about $10 million in 1980 to over $150 million in 1992. I recognize that the pace of economic development has created jobs outnumbering the available local labor pool, necessitating the use of foreign workers to sustain growth, particularly in certain sectors such as tourism, construction, and the garment manufacturing industry. The presence of foreign workers however is not totally beneficial to the economy. Most of these workers receive below minimum wage salaries and pay little into the system to balance the cost they have imposed on infrastructure and social services. Indeed, one preliminary study indicates that nonresident aliens impose a net cost to the economy starting at about $570 per capita annually and could be higher in some cases. Thus, if we are to provide additional Federal assistance to help improve the infrastructure of the CNMI, then I believe we must also take steps to mitigate the negative impact of nonresident aliens in the CNMI. I am told that one of the most serious problems encountered in attempting to assure compliance with immigration laws is that, once a foreign worker enters the CNMI, he or she loses or destroys papers indicating country of origin. Without proof of country of origin, it is impossible for officials to repatriate these foreign workers to their home countries when their visas expire. Even if officials are able to identify a person picked up as a foreign worker, few detentions occur for the reason that no facility is currently on island which meets Federal standards. The purpose of this additional understanding I am proposing is to tackle these problems head-on, by providing the necessary resources for the Immigration and Naturalization Service as well as the U.S. Department of Justice to assist the CNMI in keeping track of foreign workers who enter the CNMI so that those workers who overstay their visas or otherwise violate the terms of their visas can be returned to their countries of origin, and to provide for adequate facilities to detain foreign workers who violate the system until they can receive the required hearing. I remain willing to ask the Federal taxpayer to help the CNMI provide infrastructure and services for those who are U.S. citizens and otherwise legally are in the CNMI. However, I do not believe the Federal taxpayer should be asked to help improve the infrastructure or provide services for those who are there illegally. This problem will only compound itself in the future if we do not take steps now to correct this situation. I believe this understanding will help accomplish this goal, and I hope that the administration will take steps to include resources to continue this effort in the fiscal year 1996 and future budgets. Mr. AKAKA. I concur with the remarks of the senior Senator from Louisiana with whom I have worked on this particular issue for many years. I share his concern about developing a positive and reasoned response to continuing problems with respect to foreign workers in the CNMI and believe the first step is to develop a tracking and information system. I urge the managers to support this additional understanding. Mr. BYRD. I believe the suggestions offered by the Senator from Louisiana and the Senator from Hawaii, chairman of the authorizing committee and subcommittee, respectively, are constructive. The Senators have outlined a very serious problem which needs to be addressed, and I believe the approach outlined is a measured response to the problem. Therefore, on the basis of the information the Senators have provided, I support the additional understanding they have proposed. These modifications would still provide for an estimated $18 million for infrastructure, while also addressing issues that contribute to the additional infrastructure requirements. Mr. NICKLES. I join my colleague from West Virginia in endorsing this modification to the report language, and I concur with his remarks. energy performance contracting Mr. JOHNSTON. Mr. President, might I address a question to the senior Senator from West Virginia, the distinguished floor manager of this bill? First, I observe that the Committee recognizes the importance of Federal leadership on energy conservation by recommending $21 million for Federal energy management. The Federal Government is faced with annual expenditures of $4 billion for building energy use What is now needed is for the Federal Government to give priority to the upgrading of Federal buildings as required by the 1992 Energy Policy Act. By targeting Federal efforts within each region, the Federal Government can showcase in selected cities what can be accomplished in Federal buildings. By coordinating this Federal effort with State and local government and the private sector, the Federal Government can foster the development of local infrastructures that can support the sustained installation and maintenance of building energy conservation measures. As the Committee expects, available Federal appropriations for this effort can be significantly supplmeneted with private investment funds through the use of energy service companies, utilities, and third-party financing or secondary market financing; for example, through the utilization of energy service companies and performance contracts measured in accordance with a State recognized measurement protocol equivalent to those in use in my State or New Jersey or California. The 5-year, energy saving performance program that was authorized by the Energy Policy Act needs to begin. However, proposed rules governing this program were not published by the Department of Energy until April 11, 1994. Two years have already passed since enactment of this program and we are faced with the possibility of another year passing before these regulations are finalized. Another year before the Federal Government can realize the resultant budget savings. The question I like to address to the chairman of the subcommittee is: Would the Senator agree, since this is a test program, that Federal energy managers should, until the final rules are promulgated, be allowed to proceed under DOE's proposed energy savings performance contract rules? Mr. BYRD. I agree with the Senator from Louisiana that Federal building managers should be permitted to proceed with this test program under the April 11 proposed regulation until the current rule making is finalized. Indoor Air Quality Program Mr. JOHNSTON. I would like to seek to clarify a point with the distinguished chairman of the Appropriations Committee. It has come to my attention that a small but important program within the U.S. Department of Energy, related to indoor air quality, was not funded in this bill, perhaps due to a concern that it duplicated other Federal programs. The DOE program on indoor air quality, though, is unique in both its objectives and the activities which it supports. For example, while other Federal programs focus on disseminating best available technology for indoor air quality, the DOE program is focused on achieving a more fundamental understanding of indoor air quality issues that would lead to new and perhaps revolutionary technological approaches. I believe that it should be retained at the modest level requested by the administration--$1.875 million--for three reasons. First, as I have already mentioned, it is distinct from, yet complementary to other existing programs on indoor air quality. Second, the fundamental insights into indoor air quality obtained by this program have, in the past, provided an effective technical sanity check on various proposals that have been advanced to improve air quality in buildings. Finally, maintaining acceptable indoor air quality will be the major challenge to achieving greater building energy efficiency. It is worth remembering that 38 percent of the energy consumed in this country is used in buildings. Some 5.5 quads of energy are consumed each year in air handling and conditioning. Continued fundamental exploration of indoor air quality issues by this program is likely to continue to provide new solutions to this important energy efficiency challenge. Mr. BYRD. I thank the distinguished Senator from Louisiana for his views on this matter. Since the House bill provides funding for this program within the Department of Energy, I would like to give the distinguished Senator my assurance that I will address his concern in conference discussions with our counterparts in the House. arts endowment Mr. KENNEDY. Mr. President, I would like to make an inquiry of the Senator from West Virginia, the distinguished chairman of the Senate Appropriations Committee and the distinguished chairman of the Interior Subcommittee. I understand that the chairman of the Arts Endowment, Jane Alexander, has informed him of the efforts she has undertaken to improve the processes and procedures at the endowment. I believe that Chairman Alexander is doing an outstanding job and that we should give her the opportunity to establish guidelines that strike an appropriate balance between free expression and accountability. I hope that these efforts by Chairman Alexander are persuasive for the Senator from West Virginia and that he will keep them in mind during the House-Senate conference on this bill. I would also hope that, whatever the ultimate funding level for the arts endowment, Chairman Alexander will be given the discretion to allocate the reductions herself. As the Senator from West Virginia may know, the Committee on Labor and Human Resources will be reauthorizing the arts endowment next year, and we look forward to examining all of these issues. I have received a letter from Chairman Alexander and I respect the plans she has outlined for the endowment. I commend these efforts and will keep an open mind in conference with respect to the ultimate funding level for the endowment and the allocation of reductions. Mr. BYRD. I thank the Senator from Massachusetts for his comments. I acknowledge his leadership in our national cultural policy and very much appreciate his comments. I have met with Jane Alexander and believe she is interested in ensuring that the endowments funds art which is excellent and with merit. I understand the issues that the Senator raises regarding the need to permit Chairman Alexander an opportunity to establish appropriate guidelines at her agency, particularly in light of the upcoming reauthorization process. forest service reorganization Mr. LEAHY. Mr. President, I rise to bring the Senate's attention to an opportunity to save money, ease bureaucratic burdens, and improve service in the Forest Service. For several years now my ranking colleague on the Committee on Agriculture, Nutrition and Forestry and I have been considering the role of regional offices in the Forest Service. Since 1974, the Interior appropriations bill has included language that prohibits the Secretary from closing regional offices or changing regional boundaries without congressional consent. This language was inserted at a time when President Nixon proposed 10 standardized regions for all agencies. Senators Mansfield and Bible thought that the Forest Service was best served by keeping the regional offices in the railroad towns where they were. Their language has persisted to this day--it is 20 years old. We had an opportunity to delete this language in S. 1970, the USDA Reorganization Act of 1994, but the Senate deferred at the request of the administration. Instead, the Senate adopted language that required nonbinding proposals from the Secretary to address a number of administrative issues, including office structure. I understand that the Forest Service's reinvention process is taking its course, and an interim report has laid out academic models that give some indication of the Forest Service's progress to date. It is still unclear what form the final proposals will take, how the Forest Service intends to implement the proposals, and what role the Forest Service foresees for Congress. The current language in this appropriations bill guarantees that Congress will have a role. Furthermore, judging from committee action on Bureau of Mines closures and Agricultural Research Facility closures, Congress will play an active role. The Forest Service must be ready for the 21st century--an era when more people will demand more from an agency limited by finite resources. With this in mind, I would like the Forest Service to consider cost saving opportunities at the forest level, the district level and the Washington office level as well. The organization must pursue the most efficient organizational structure it can identify. In order to make office closure recommendations politically viable, we could consider an approach similar to the Commission on Agricultural Research Facilities authorized in the 1990 farm bill. This process was set up to take no more than 240 days from the date of authorization. Alternatively, we could consider a more comprehensive strategy similar to the military base closing scheme. I am most interested in something that is responsible and realistic. In this respect, I wish to highlight my interest in receiving from the Forest Service for fiscal year 1996 a politically viable and administratively sound plan for downsizing, restructuring, or reorganizing the organization. The March 31, 1995 deadline included in S. 1970 should provide sufficient time for the Forest Service. I will not offer an amendment providing specific direction at this time, but I urge the administration to consider alternatives and present them to Congress for fiscal year 1996. Mr. BYRD. I thank the Senator for Vermont for bringing this to our attention. I share the Senator's interest in reorganizing the administrative structure of the Forest Service. The subcommittee's allocation continues to erode and yet the demand for services increases. We must eliminate inefficiencies and streamline operations in order to get the most from Federal agencies during tight budget times. As we have seen in the Department of Interior's effort to close some Bureau of Mines offices, and in the Department of Agriculture's effort to close some agricultural research facilities, office closures can not be done in a piecemeal fashion. A politically viable plan must be a comprehensive plan that justifies to Senators the decisions made. It must also take into consideration the changing roles of some of the other players in the Federal family when it comes to natural resource issues. Mr. NICKLES. I concur with the chairman on this point, and I would like to offer two other suggestions. I hope that the Forest Service looks beyond the National Forest System, and considers the field structure of research and other facilities. The roles of other branches of the Forest Service are also changing. Second, I ask that the Forest Service work cooperatively with the Department of the Interior to identify possibilities where the Bureau of Land Management, the Fish and Wildlife Service, the National Park Service and other Federal agencies can collocate to share resources and save money. The administration has made a concerted effort to coordinate Federal agencies in the Pacific Northwest, and I believe similar efforts could result in cost-savings throughout the country. The chairman and Senator from Vermont raise a good issue about pursuing these changes comprehensively. The subcommittee currently has four members who have regional Forest Service offices in their States. The full committee has six members with regional offices in their State. Several other Senators share a strong interest in this issue, particularly because the regional offices are an important source of jobs and revenue for their constituents. A strategy must account for political realities of the task before us. We will not be able to achieve the savings that this subcommittee needs to find if we continue with the existing Forest Service structure. Furthermore, we may not serve the Forest Service well if office closures are based on politics alone. I share the other concerns mentioned by the chairman of the Agriculture, Nutrition and Forestry Committee and the chairman of Appropriations and look forward to working with them. Mr. LUGAR. I requested that the Forest Service examine this issue three years ago. A report was produced describing a variety of different proposals which have not been implemented to date. The Agriculture Committee spared mandatory direction for the Forest Service in S. 1970 because of the President had designated the Forest Service to be a laboratory for reinvention. It is critical that this effort produce concrete results that the administration and Congress can implement collectively and effectively. Mr. LEAHY. I thank the chairman of Appropriations and the ranking members from both Appropriations and Agriculture for raising these issues with me. The ranking member of Interior Appropriations raises a good point with other field structures. The State and Private Forestry Programs will have increasingly important roles, and I am firmly committed to making sure the Forest Service supports these programs effectively where they are needed most. I look forward to working with my colleagues to find solutions. west greenland salmon fishery buy-out Mr. LEAHY. Mr. President, The United States has spent millions of dollars on efforts to restore salmon populations in the Northeast. I have worked hard to build the White River National Fish Hatcher in Bethel, to protect the upland spawning grounds, to improve fish passage facilities, and to enhance the water quality in the Connecticut River. Unfortunately, there is still a petition to list the Atlantic salmon as an endangered species. There has been a missing link in our investment, and now we have a chance to fix it. The project initiated by the Fish and Wildlife Foundation and supported by the State Department, the North Atlantic Salmon Fund, the Atlantic Salmon Federation, and other sources, is one of the best investments we can make to bring back New England's wild salmon fishery. I sincerely appreciate the chairman and ranking members' flexibility and receptiveness in considering the amendment that Senator Lieberman and I have proposed. I know that this is a good investment, and I am confident that all of the current and past partners will remain active and supportive in this effort. Mr. BYRD. I want to emphasize this point that my colleague makes. It is critical that this project pursue outside funding sources to the extent possible to support the buy-out. I also want to make sure that the Department of State maintains its responsibility to the success of this program. In addition, the Department of Commerce's National Oceanic and Atmospheric Administration has jurisdiction in this issue and a clear responsibility to get actively involved. Finally, the Department of State has a responsibility to evaluate the success of this program and plan for the long-term vitality of the Northeast salmon fishery. Mr. LIEBERMAN. I share the concerns raised by the distinguished chairman of Appropriations, and I appreciate the opportunity to discuss this project with him. The Secretary of the Interior has made a pledge to ``get in front of the curve'' and act proactively through the Endangered Species Act to avoid trainwrecks. The West Greenland salmon buy-out does exactly this--and in the ominous shadow of a petition to list this species in New England. I want to mention, however, that there is clearly a limit to what Congress, and therefore the Secretary of Interior, can do within budgetary constraints. We must be careful in what we promise from the Federal treasury, and creative in the ways that we go about the business of species protection. The amendment assures that the buy-out will happen and provides some flexibility for how it is carried out. Mr. NICKLES. The Senators from Vermont and Connecticut have worked hard to protect and revive the salmon fishery, and I appreciate their dedication. In accepting this amendment, I want to mention the initial direction provided by the subcommittee in the committee report regarding outside sources. The chairman of the subcommittee has spoken well to the need to seek non-federal funding. While the amendment authorizes the Fish and Wildlife Service to support the Greenland salmon fishery buy-out, it is my understanding that the arrangement worked out here is a one-time fix. transportation feasibility study Mr. MATHEWS. Mr. President, I rise to engage in a colloquy with the Senator from West Virginia and the Senator from Oklahoma. I understand that the Appropriations Committee has provided $21,050,000 for construction planning as stated on page 39 of the committee report. Do the Senators from West Virginia and Oklahoma concur that the National Park Service shall fund a transportation feasibility study at $50,000 and a development concept plan at $25,000 for the Oneida & Western Railroad Corridor in the Big South Fork National River and Recreation Area to be funded by the fiscal year 1995 appropriations bill? Mr. BYRD. Mr. President, I have no objection to the use of $75,000 within the funds appropriated for Park Service planning for the aforementioned studies. It is my understanding that the Park Service has indicated it will defer action on a decision about the use of this railroad corridor while these studies are being conducted and until some recommendations can be made. Mr. NICKLES. I concur with the chairman's comments. Mr. MATHEWS. I thank the chairman and ranking member. This funding will allow the National Park Service to keep the current Oneida & Western Railroad Corridor open while studies are completed on access alternatives for the mobility impaired thereby providing a solution to a problem in the Big South Fork NRRA without proposing the more restrictive burden of a legislative solution. Ensuring that this road is not closed until alternate means of access are established is of great importance to the elderly and mobility impaired. This road is their only means of getting into the gorge area which is one of the most beautiful spots in the State of Tennessee and a popular tourist attraction. By engaging in this colloquy my colleagues have provided a great service for the people of Tennessee. LIGHTING OF THE DAVID BERGER NATIONAL MEMORIAL Mr. METZENBAUM. I would like to ask the chairman of the Appropriations Committee if he would yield for the purpose of a brief colloquy. Mr. BYRD. I would be glad to yield to the Senator from Ohio. Mr. METZENBAUM. Almost 22 years ago, 11 Israeli athletes lost their lives at the Olympics in Munich during an attack by PLO terrorists. One of those athletes was a young weightlifter named David Berger who maintained dual American-Israeli citizenship. A memorial in honor of David and the fallen athletes was erected in front of the Mayfield Jewish Community Center in Cleveland Heights, OH. It is a powerful tribute to their memory and the sacrifice they made in the spirit of international sportsmanship. In 1980, Congress designated the memorial a national memorial and placed it under the jurisdiction of the National Park Service. The memorial needs construction funds to complete plans to light the memorial at night. Would the chairman agree that the National Park Service should provide obligated funds for construction for this purpose. Mr. BYRD. Does the Senator from Ohio know how much is needed to complete the project? Mr. METZENBAUM. It is my understanding that the cost of completing the project would not exceed $10,000. Mr. NICKLES. Mr. President, would the Senator from West Virginia yield so that I may ask the Senator from Ohio a question? Mr. BYRD. Yes. Mr. NICKLES. Would this project create recurring obligations? Mr. METZENBAUM. No. The costs to complete the lighting project are limited to a one-time allocation. Mr. BYRD. I would agree with the Senator from Ohio that the National Park Service should provide a one time allocation from unobligated construction funds for the purpose of lighting the David Berger National Memorial in Ohio. Mr. NICKLES. I agree with the comments of the chairman of the Appropriations Committee, the Senator from West Virginia. hudson-mohawk urban cultural park Mr. MOYNIHAN. Mr. President, I rise to ask if I might engage in a colloquy with my friend from West Virginia and the manager of this bill on a wonderful area we have in New York just north of Albany. It is the Hudson-Mohawk Urban Cultural Park, or RiverSpark as it is known. Mr. BYRD. I would be happy to do so with the distinguished Senator from New York. Mr. MOYNIHAN. I thank my friend. RiverSpark is a collection of historically and culturally significant areas in six communities: Cohoes, Troy, Watervliet, Green Island, and the Town and Village of Waterford. They are located on the Hudson River, and formed one of the earliest centers of the Industrial Revolution. Iron and textiles were the major industries in this area blessed with resources, hydropower, and transportation access. Today visitors can see the restored Harmony Mills building with its two massive turbines, worker housing, Waterford Lock 2 on the Erie Canal, the Watervliet Arsenal, in operation since 1813, and other attractions and museums. In 1991, Congressman McNulty from the Albany district and I introduced legislation that authorized a study by the Department of the Interior of nationally significant places in American labor history. It became Public Law 102-101. When complete, the study will show us which sites deserve designation as national historic or heritage landmarks. As a result of the study two sites in RiverSpark are to be nominated as national heritage landmarks: Harmony Mills and the home of Kate Mullaney, who founded the first women's union in the country--of collar and laundry workers. The next step in RiverSpark is the development of these and other sites, the development of educational programs and materials, and planning how to spread the word about this wonderful urban park and attract visitors. I am asked to help provide $75,000 for this purpose. Mr. President, I understand that there is no room left in the Senate bill to provide funds for RiverSpark, but I wonder if when the chairman goes to conference he might consider funds from the statutory aid account or another source that might become available in the course of his deliberations. The area is truly a national resource for those who want to learn about the Industrial Revolution and the rise of the labor movement. Mr. D'AMATO. Would the Senator yield? Mr. MOYNIHAN. I would be happy to yield to my friend and colleague. Mr. D'AMATO. I thank my friend, the senior Senator, for yielding and I join in his praise of this unique area. As usual, he has succinctly stated the need for this small amount of funding for RiverSpark--a cultural gem on the banks of the Hudson and Mohawk Rivers. Unfortunately, as you know, there is not enough money in this funding cycle to promote the important activities of this park. However, we remain hopeful that the distinguished chairman will put in a good word for RiverSpark when this bill goes to conference. Mr. BYRD. I say to my colleagues from New York that in conference I will keep this effort in mind. Mr. D'AMATO. I thank the chairman. Mr. MOYNIHAN. I thank my friend from West Virginia. GIFFORD PINCHOT NF LAND ACQUISITION Mrs. MURRAY. I commend the Chairman once again for the excellent work he has done in leading the committee, and the Senate, through a challenging process. He and his staff have done an outstanding job providing resources to key programs while balancing severe budgetary constraints. I am particularly appreciative that some very important land acquisition projects have been funded in the bill. There is one project, however, that came up very recently; in fact, too late to be considered by the committee. The Mt. St. Helens National Volcanic Monument is located in the Gifford Pinchot National Forest. This monument was established as a living laboratory for people to monitor the recovery of nature following a catastrophic volcanic eruption. There is but one inholding remaining within the monument. The owners of this land, located near the Toutle River on the monument's west side, have secured logging permits to harvest its timber. At the last minute, the Forest Service and some local conservationists have approached the owners about the possibility of selling the land. The owners have expressed interest. In fact, a tentative purchase agreement is in place. It is possible this acquisition could be undertaken for a relatively modest sum. While it has not been addressed in either the House or Senate bills, I am interested in working with the chairman and the other conferees to see if we can include language in the statement of managers encouraging the Forest Service to use its emergencies and inholdings account to address this issue. Would the chairman be willing to work with me to consider whether such an accommodation can be worked out in conference? Mr. BYRD. The financial constraints we face this year are very real indeed, as I have endeavored to point out to my colleagues. If the situation is truly urgent, and if an agreement is reached with the property owners, I believe the emergencies/in-holdings account would be the appropriate manner in which to address this issue. With this in mind, I will be happy to work with the Senator from Washington to accommodate her interests in the Statement of Managers. Mrs. MURRAY. I thank the distinguished chairman for his consideration, and look forward to working with him. mount st. helens national volcanic monument Mrs. MURRAY. I would like to thank the chairman again for his assistance in creating this amendment to help ensure completion of the Johnston Ridge Observatory. This is very important to people in Cowlitz County, WA, and will help make Mount St. Helens the world-class ecological exhibit we have always envisioned. At this time, I would like to clarify with the chairman the actual effect of my amendment. Essentially, it shifts $1,474,000 out the recreation roads construction account into the recreation facilities construction account. In so doing, it provides $2,403,000 to complete construction of the Johnston Ridge Observatory, and $1,773,000 to construct road and parking facilities necessary for public access and use of the observatory. Does the chairman concur in this interpretation? Mr. BYRD. The Senator for Washington is correct. Her amendment provides funds for completion of Johnston Ridge Observatory and associated roads at Mount St. Helens National Volcanic Monument as she has described. Mrs. MURRAY. I thank the chairman. land acquisition in wyoming Mr. SIMPSON. Will the distinguished chairman of the Appropriations Committee yield for the purpose of a brief colloquy? Mr. BYRD. I would be happy to yield to the Senator. Mr. SIMPSON. I thank the chairman. I wish to engage the distinguished chairman and the ranking member of the subcommittee in discussion regarding appropriations for land acquisitions in Wyoming. For many years now, the U.S. Forest Service regional offices responsible for managing the Federal forest of Wyoming have presented the administration with a priority request for land acquisition funding. Until the fiscal year 1995 request was made, the regional priority--and we have two regions in Wyoming--has been to acquire scenic easements in a most unique area of Wyoming, known as Buffalo Valley. Mr. President, Buffalo Valley lies at the entrance to both Grand Teton National Park and Yellowstone National Park, which, as the chairman knows, is our country's very first national park. The area is a unique treasure and, because of the recognized beauty and the visual resources of the area, there is tremendous pressure to develop vacation homes, condominiums, and the like. These national parks are located in Teton County, WY. Only 3 percent of that county is private land. There is little left to develop other than the few private ranches that remain. Buffalo Valley is bordered by wilderness areas, national forest, and national park land. One of the few remaining large inholdings in that area is the Fuez Ranch, and it lies in the middle of Buffalo Valley. It is not only splendid ranching property, but has a unique view of the Grand Tetons, and is a focal point of development pressure. This ranch has been approved for subdivision development. The owner, however, is willing to forgo development if the Federal Government will provide funding to acquire scenic easements. The Federal Government now has a rare opportunity to acquire an interest in this property--a scenic easement--which will forever protect the aesthetic quality of that national treasure. Time has run out; unfortunately, there were always too many other conflicting needs to allow full funding for this proposal in past years to delay development growth. Now, it is my understanding there is still a great likelihood we will lose a valuable opportunity to protect this resource if the Government does not act in the coming fiscal year. Mr. President, I am informed that there is a fund available to the Forest Service, the Emergency Inholdings Account, which--although limited--would provide the administration with funds to acquire inholdings and property interests on an ``opportunity'' basis. I would ask the chairman whether such a fund might be an appropriate source to obtain some funds to protect Buffalo Valley before development pressures take control of events? Mr. BYRD. That account may very well be an appropriate source for funding. Mr. NICKLES. I would inform the Senator from Wyoming that I, too, believe that may be an appropriate source of funding for the acquisition described by the Senator. Mr. SIMPSON. I thank the chairman. And I thank our distinguished ranking member of the subcommittee, Senator Nickles. I would respectfully ask both our distinguished chairman and our ranking member if they would be willing to work with me, this administration, and the U.S. Forest Service in order to see if we can properly acquire funding for this very important Wyoming resource. Mr. BYRD. I will be happy to work with the Senator from Wyoming. Mr. NICKLES. The Senator from Wyoming can be assured of my assistance as well. Mr. SIMPSON. I thank the chairman, Senator Byrd, and our distinguished subcommittee ranking member, Senator Nickles, for their courtesy. Their support is most welcome and I do thank them. I yield the floor. forest service Mr. WALLOP. Page 7 of the committee report includes some limitations on the Forest Service. It specifically prohibits the Forest Service from changing the boundaries of any region, moving or closing any regional office for research, State and private forestry, or National Forest System administration without the consent of the House and Senate Committees on Appropriations and the Senate and House Committees on Agriculture. I assume the committee inadvertently forgot to include the Senate Committee on Energy and Natural Resources. Under the Senate rules, the Committee on Agriculture has jurisdiction over forest reserves and wilderness areas other than those created from the public domain. The Committee on Energy and Natural Resources has jurisdiction over public lands and forests. Any such proposal from the Forest Service should be referred to both authorizing committees. Again, I assume that this was an inadvertent oversight and I would ask whether the chairman and ranking member could assure me that the statement of managers on the conference report will correct this oversight. Mr. BYRD. I appreciate the Senator bringing this matter to our attention. There was no intention to affect any committee jurisdiction and we will see that all appropriate authorizing committees are notified of any such proposal and we will attempt to see that the statement of managers correctly reflects this. Mr. NICKLES. I agree. The Committee on Energy and Natural Resources should have been mentioned. acid mine drainage Mr. WALLOP. Mr. President, I would like to commend the chairman and other members of the Senate Appropriations Committee for including language in the report on Interior and Related Agencies which states that while the committee continues to provide funding for research and development of acid mine drainage treatment and abatement techniques, the committee expects that the Department will build upon this existing body of research and seek to marshal and focus the significant existing resources available within OSM, the Interior Department, and other Federal and State agencies in this effort. In this regard, the committee's point is well-placed, that is pursuit of any new AMD initiatives, the Department will continue to recognize the provisions of the Surface Mining Control and Reclamation Act [SMCRA], which provide coal producers a wide range of alternatives for minimizing acid mine drainage, including treatment to reduce pollutants that may be present before discharge off the mine permit area. As ranking member of the Energy and Natural Resources Committee, I believe it is imperative that the Office of Surface Mining conduct this important effort within the statutory framework established by SMCRA and would urge the chairman and ranking member of the Interior Appropriations Subcommittee to consider affirming the language in the Statement of Managers of the conference report. Mr. BYRD. Mr. President, I appreciate the insightful comments of the Senator from Wyoming [Mr. Wallop]. His observations are absolutely correct as to the importance of the Office of Surface Mining adhering to the legislative directives of SMCRA in addressing acid mine drainage. This is an issue which is very important to West Virginia and the Appalachian region as a whole and could have implications for Western States such as Wyoming as well. I will carry his thoughts and observations into the conference with the House. energy efficiency programs Mr. WELLSTONE. Mr. President, I appreciate the opportunity to enter into this colloquy with my distinguished colleague from West Virginia, the chairman of the Senate Appropriations Committee, Senator Byrd. As my colleague knows, I am deeply concerned by the committee's proposed reductions from the President's requests for energy efficiency programs. The President proposed an increase of $288 million in fiscal year 1995 to implement the Energy Policy Act of 1992, various important energy initiatives, a variety of successful programs, and the voluntary measures under the climate change action plan. The House provided an increase of $134 million for these accounts, but the Senate committee was only able to provide an increase of $53 million in this important area. In the area of the State energy programs alone, including the State Energy Conservation Program, the Institutional Conservation Program, and the Low Income Weatherization Program, the Senate bill would provide $264.4 million. In fiscal year 1979 these same programs received $558 million, so that if inflation were taken into account, the funding level would be over $1 billion today. In light of the important national goals these programs promote, especially the State Energy Conservation Program, the Institutional Conservation Program, the Rebuild American Program, the Home Energy Ratings and Energy Efficient Mortgage Program, the alternative fuels promotion activity, section 409 of the Energy Policy Act, the Weatherization Program and the so-called nice three program; these programs are worthy of support and the house-passed levels are preferable. I wish to ask my distinguished colleague whether, in light of our mutual desire to achieve a balanced national energy policy, including energy efficiency programs, he could work toward restoring the funding in these programs to the House-passed levels in conference with the House. Mr. BYRD. I appreciate by colleague's strong support for these programs, and while I cannot make a specific commitment to fund fully the House-passed levels for these programs which will be determined in a House-Senate conference on this bill, I am sympathetic to this approach and will take the Senator's concerns into consideration. Mr. LEAHY. Mr. President, the United States of America uses more energy than any other country in the world. We are the sixth most intensive energy user on a per capita basis. This means that the United States has to deal with serious environmental problems, national security problems, social problems, and economic competitiveness problems associated with energy costs. The amendment in committee that cuts $11 million from the Department of Energy cuts into a chance to turn some of these problems around. One promising opportunity is the integrated resource planning [IRP] program which helps States implement cost-effective conservation measures to reduce demand and enhance energy supply. According to the World Resources Institute's Environmental Almanac, Vermont earned an IRP grade of ``A'' in a national ranking. However, Vermont still spends $800 million a year for imported energy despite these good efforts. I have to assume that there are many other States that lose much more than $800 million annually from their local economies, and could put this problem to excellent use. The weatherization program in the DOE budget helps low-income families stay warm in the winter--not just by paying fuel bills, but by helping them to save energy. Rebuild America, another example of a promising conservation program, is an umbrella program in the buildings program area that enhances commercial and community-level energy efficiency through local partnerships. The State Energy Conservation Program helps businesses and industry become more competitive by reducing energy consumption and associated costs. The Energy Efficient Mortgage Program in this bill helps Americans qualify for larger home mortgages if they buy an energy efficient home. Vermont has been using this program since the early 1980's, and it is time to get more States involved. By way of example, a family in Burlington, VT was able to get a larger mortgage, decrease their monthly energy costs, and save almost $100 a month. This makes economic, social, and environmental sense. I could list many other programs affected by the $11 million cut in committee. I could also mention some of the 938 organizations nationwide who have written to the President in support of these programs. At this point, however, I simply urge my colleagues to find out how these programs help their States and then support an increase in conference. I hope that in conference we can restore the energy conservation money, and hopefully settle close to the House mark. flood relief Mr. NUNN. Mr. President, I initially came to the floor to offer an amendment to provide emergency supplemental appropriations for the National Park Service's Historic Preservation Fund for relief to buildings damaged in Georgia, Alabama, and Florida, by the recent floods cased by tropical storm Alberto. I, and my colleague from Georgia, Senator Coverdell, modeled the amendment along the lines of relief included in last year's Midwest floods supplemental appropriations. However, after discussion of this amendment with my distinguished colleagues, the chairman and ranking member of the Interior Appropriations Subcommittee, as well as the distinguished junior Senator from Georgia [Mr. Coverdell], I request unanimous consent that we be allowed to enter into a colloquy to discuss this problem and a possible solution which could provide expedited relief for historic preservation sites damaged by the floods resulting from tropical storm Alberto. I would like to direct a question to the distinguished chairman and ranking member of the subcommittee, Senators Byrd and Nickles. It is my understanding that in February 1994, Congress made available $550 million as part of Public Law 103-211 to the President to meet unanticipated needs resulting from the January 1994 California earthquake, the Midwest floods, and other disasters, over $27.85 million of these funds remain available and unused at this time. Is that the chairman's understanding? Mr. BYRD. The Senator is correct. Mr. NUNN. I thank the Senator. Am I further correct in my understanding that these funds, because they are to be spent at the President's discretion, could be used to remedy some of the terrible destruction to historic properties that has occurred in my home State, as well as Alabama and Florida, from tropical storm Alberto? Mr. BYRD. Yes, the Senator is correct. And I would like to add that given the availability of these funds relief could be provided on an expeditious basis for the communities impacted in Georgia, Alabama, and Florida. Mr. NUNN. Is it the understanding of the distinguished ranking member that these funds will remain available to the President until they are expended? Mr. NICKLES. The Senator is correct. Mr. NUNN. I thank the Senator and would like to yield to my colleague, the distinguished junior Senator from Georgia. Mr. COVERDELL. I would like to state for the benefit of my colleagues the great need for such disaster assistance in the southwestern part of Georgia, as well as eastern Alabama and northern Florida. In the last 3 weeks, Senator Nunn and I have witnessed countless examples of the devastation caused by one of the worst floods in the history of the region. Among the casualties of these floods are many of the historic buildings in towns along the Ocmulgee and Flint Rivers. I wonder if the Senator from Georgia would care to comment on the destruction to several of the historic communities in our State caused by the rising flood waters that he and I have witnessed in the past 3 weeks. Mr. NUNN. I am pleased to comment on the Senator's remarks. He and I have both spent time in our State visiting areas completely washed out by the flood waters. For example, in the historic business district of Montezuma, GA, the flood waters have caused extensive water and mud damage to virtually the entire historic central business district. Additionally, three dozen brick buildings which were under consideration for the National Register of Historic Places suffered severe damage to brick foundations and walls, interior walls, and floors. All of Montezuma's flood problems are being compounded by septic complications arising from the flooding of the local sewer. I would inform my colleagues that similar problems exist in several other towns in the area. The city of Albany, GA, a city of 50,000, for example, has had extensive damage to its many historic buildings, as well. The Georgia Department of Natural Resources reports that the historic African-American neighborhood of South Albany was severely flooded, with waters in several blocks reaching the roofs of historic houses. Also, the flood waters have seriously damaged several historic buildings at Albany State College on the banks of the Flint River. As in Montezuma, the cleanup efforts will be made more difficult by the flooding of the local sewer. In the town of Juliette, GA, on the Ocmulgee River, approximately 10 buildings in the downtown area made famous by the movie ``Fried Green Tomatoes'' have sustained water damage to floors, lower interior and exterior walls, and foundations. The town of Newton, GA, which will have to be almost completely relocated as a result of the floods, has suffered extensive damage to a block of historic buildings adjacent to its courthouse. This entire block was virtually submerged by the flood waters. Approximately two dozen historic residences in the town were flooded in varying degrees. I appreciate the assistance of the chairman and the ranking member of the Interior Appropriations Subcommittee, Senator Nickles. I am hopeful this colloquy will highlight the needs of many of my constituents to preserve Georgia's historic buildings and the heritage of these communities. Amendment No. 2387--Funding for Indians Into Psychology Program Mr. DORGAN. Mr. President, several days ago, I shared with my colleagues the horrifying experiences of several young native American children who had been subjected to abuse or neglect by their parents and others. While it is too late to prevent the abuse these children have suffered, there is some hope that the damage can be mitigated if they receive professional counseling and care. It would have been far better, of course, if there had been professional preventive intervention prior to the abuse. The Indians Into Psychology program that Senator Burns' amendment proposes to fund in fiscal year 1995 would be an important step toward helping the abused native American children in my State and throughout the Nation. The goal of the program is to improve the quality and relevance of mental health services available to native Americans by increasing the number of American Indian psychologists. According to the Indian Health Service, child abuse is just one symptom of deep psychological problems that exist on our reservations. Native Americans are almost twice as likely to die before age 25 as individuals from all other races. They are 50 percent more likely to commit suicide, 90 percent more likely to be murdered, and almost six times more likely to die from alcoholism. It is hard to believe, but these statistics become even more shocking when we look at the younger native American population. Native American children are almost four times more likely to commit suicide, more than three times more likely to be murdered, and more than 10 times more likely to die of alcoholism. Depressive disorders are four to eight times as likely to affect native Americans than the rest of the U.S. population. My personal observations about the need for additional mental health resources are underscored by a recent North Dakota survey that indicated that only one of our four reservations had daily or even weekly access to a psychologist. The American Psychological Association estimates that there are fewer than 30 clinical native American psychologist in the entire country, which means there is only one for every 60,000 native Americans residing in the United States. In the general population, there are 16.7 clinical psychologists for each 100,000 people. Mr. President, the need for mental health providers on our reservations is obvious, and the Indians Into Psychology program would begin to address the problem by training and educating native Americans as psychologists to serve this special population. I urge my colleagues to support the Burns amendment and join with us to begin to address the mental health needs of native Americans. Mr. BYRD. Mr. President, I thank my friend, Mr. Nickles, for his excellent work. I thank his staff. So with the understanding that this is everything that I know about, Mr. President, I am ready to vote. I am ready for third reading and the vote. Mr. NICKLES addressed the Chair. The PRESIDING OFFICER. The Senator from Oklahoma. Mr. NICKLES. Mr. President, first let me say I wish to congratulate Senator Byrd for his chairmanship of the full committee, but certainly this subcommittee because it certainly has been a pleasure to work with him in passage of this. He worked very diligently in expediting passage of this bill, and worked through 60-some amendments today as well as noted countless colloquies. So it is a pleasure to work with him. I urge adoption of this bill. Mr. BYRD. It is far different from last year, is it not? Mr. NICKLES. That is correct. The PRESIDING OFFICER. The question is on the engrossment of the amendments and third reading of the bill. The amendments were ordered to be engrossed and the bill to be read a third time. The bill was read a third time. The PRESIDING OFFICER. The bill having been read the third time, the question is, Shall the bill pass? So the bill (H.R. 4602), as amended, was passed. Mr. BYRD. Mr. President, I move to reconsider the vote by which the bill, as amended, was passed. Mr. NICKLES. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. BYRD. Mr. President, I say to my friend, as we leave for the evening, Give me my robe, put on my crown. I have immortal longings in me. Mr. NICKLES addressed the Chair. The PRESIDING OFFICER. The Senator from Oklahoma. Commendation of Staff Mr. NICKLES. Mr. President, I also in addition to congratulating Senator Byrd, I would like to compliment the professional staff, Sue Masica, as well as Cherie Cooper who have done outstanding work with bipartisan cooperation which I very much appreciate. In addition, I wish to compliment the work of Rusty Mathews and Kathleen Wheeler, Ginny James, Dan Salisbury and Ellen Donaldson. I think they have performed very vital functions, and they are very professional, very competent. I appreciate their efforts and cooperation. Mr. BYRD. Mr. President, I move that the Senate insist on its amendments and request a conference with the House of Representatives, and that the Chair be authorized to appoint the conferees on the part of the Senate. The motion was agreed to; and the Presiding Officer (Mr. Feingold) appointed Mr. Byrd, Mr. Johnston, Mr. Leahy, Mr. DeConcini, Mr. Bumpers, Mr. Hollings, Mr. Reid, Mrs. Murray, Mr. Nickles, Mr. Stevens, Mr. Cochran, Mr. Domenici, Mr. Gorton, Mr. Hatfield, and Mr. Burns conferees on the part of the Senate. Mr. BYRD. Mr. President, I thank both the majority leader and the Republican leader for their excellent cooperation and support in helping to bring this bill to the floor, and in clearing it for action and passage. Commendation of Staff Mr. BYRD. Mr. President, I also thank the following staff members: Barbara Videnieks of my staff, Chief of Staff; of the full committee, and majority staff, Mr. Jim English, Mary Dewald, Marsha Berry; of the full committee, the minority staff, in particular Keith Kennedy; of the Interior Subcommittee, majority staff, Rusty Mathews, Kathleen Wheeler, Ellen Donaldson, Dan Salisbury, on assignment from the National Park Service, Sue Masica; and of the Interior Subcommittee, minority staff, Cherie Cooper, and Virginia James; of the Appropriations Committee support staff, Nancy Brandel, Jack Conway, Bob Putnam, Richard Larson, Bernie Babik, Bob Swartz, and Joe Thomas. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll. Mr. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. ____________________