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GrassRoots Environmental Effectiveness Network -- GREEN
Weekly Legislative and Policy Report
November 24, 1997
 
SPECIAL END OF SESSION REPORT
 
SUMMARY
  o     End of Session assessment and victories!
  o     ESA: Senate adjourns before vote, House cosponsors grow.
  o     APPROPRIATIONS/LWCF: President signs bill with numerous anti-
        environmental amendments; approves acquisitions; promises to
        address issues next year.
  o     FAST-TRACK/TRADE: Vote delayed until 1998; "big victory".
  o     PUBLIC LANDS: Mining law update; Smith grazing bill passes
        House; McKinney bill to end commercial logging on National
        Forests introduced; Smith forest bill passed out of
        subcommittee; Craig NFMA bill back to drawing board;
        Quincy bill delayed.
 
GrassRoots Environmental Effectiveness Network's (GREEN) weekly report
tracks public lands issues: endangered species, public lands grazing
and hard-rock mining, Land and Water Conservation Fund, Interior
appropriations, and habitat-related issues.  The report features an
update of recent congressional or administrative activity, recommended
action for activists, "messages" that are being used by the
conservation community for public education and outreach on the issues;
and resources available to activists.
 
END OF SESSION
Both chambers of Congress adjourned November 14, ending the first
Session of the 105th Congress.  Congress reconvenes January 27, 1998.
This end-of-session Weekly Legislative and Policy Report recaps
activity on wildlife and public lands issues.
 
In general, the in-district holiday work period between sessions is an
ideal time for activists to request a meeting with their elected
officials, attend town meetings and ask elected officials their
positions on issues, submit letters to the editor of local papers
praising or criticizing officials' performance on issues, and network
with neighbors and interest groups in anticipation of numerous bills
and policies moving through both chambers of Congress in the
forthcoming election-year session.
 
With a few notable exceptions, the 105th Congress reverted to the anti-
environmental policies of the notorious 104th Congress, as exemplified
by the many anti-environmental amendments attached to the Interior
Appropriations bill.  Anti-environmental forces in Congress learned a
few lessons from the roughshod approach of the 104th, which was
rejected in large part by the American public, and has camouflaged many
of its attempts to weaken laws protecting wildlife and public lands
behind the veil of "compromise" and "bi-partisan" attempts to
"streamline" environmental protections.
 
Environmental and public interest advocates can claim some victories,
the most notable of which were:
 
ESRA Introduced:  The science and incentive-based Endangered Species
Recovery Act (HR 2351) was introduced July 31 by Rep. George Miller (D-
CA) and gained 88 bi-partisan cosponsors before Congress adjourned,
setting the standard for science-based recovery of endangered species.
 More cosponsors will be added during adjournment
 
Vote on S.1180 Delayed: Concerted grassroots pressure and controversy
kept the Senate endangered species bill, S. 1180 from coming to a vote
in spite of it having bi-partisan support and the conditional
endorsement of the Administration.  Conservation groups and the
Endangered Species Coalition remain united in their opposition to the
bill introduced by Sen. Dirk Kempthorne (R-ID).
 
"Fast Track" Delayed:  Conservation groups were united in opposition to
granting "fast-track" trade agreement negotiation authority to the
president, joining public interest advocates and progressive members of
Congress in forcing the Administration to pull the bill until next
year, because it threatens to undermine environmental laws that could
be construed to inhibit free trade.
 
ENDANGERED SPECIES
The first session of the 105th Congress began with a hotly contested
fight on endangered species protections.  HR 478, introduced by Rep.
Wally Herger (R-CA) would have exempted flood control repairs from
compliance with the Endangered Species Act as part of a disaster relief
bill.  A similar provision cleared the Senate Appropriations Committee
as part of its disaster relief measure, drawing a veto threat from the
Clinton Administration.  The language that was adopted allows flood
control agencies to defer consultation on endangered species until
there is no longer an imminent threat to human lives and property.
 
Rep. George Miller (D-CA) introduced the Endangered Species Recovery
Act, HR 2351, on July 31.  Conservation groups are united in their
support of the Miller bill because it sets the standard for science-
based species recovery and provides incentives for private property
owners to support recovery of endangered species.
 
After nine months of behind the scene negotiations, Sen. Dirk
Kempthorne (R-ID), joined by Sens. Chafee (R-RI), Baucus (D-MT) and
Reid (D-NV), introduced S.1180 on Sept. 16, also named the Endangered
Species Recovery Act.  The bill, unanimously opposed by conservation
groups, was rushed through one committee hearing and passed out of
committee.  The committee report was filed 10/31.  The bill received
early support from Secretary of the Interior Bruce Babbitt, a
longstanding proponent of controversial Habitat Conservation Plans
(HCPs), and the bill eventually received the endorsement of the Clinton
Administration despite concerns over an absence of secured funding for
the bill.
 
ACTION: Industry and development interests who have supported the
Kempthorne bill had hoped to speed it through the Senate, as evidenced
by the truncated hearing and committee vote process.  The bill did not
come to a vote in the full Senate in part because of hectic end-of-
session wrangling over campaign finance reform, "fast-track"
negotiations and appropriations battles.  The bill was also slowed
because of concerted grassroots pressure that forced members to
consider the growing controversy of the bill's uncertain funding
sources, a suspect consultation process, and unanimous opposition from
conservation groups because it weakens the Endangered Species Act.
 
Conservation groups are continuing to employ a four-part strategy to
keep S.1180 from coming to a vote in the Senate.  Activists are
encouraged to:
 
  o     Ask their Senators to oppose the Kempthorne bill, S. 1180;
  o     Ask their Representative to cosponsor the Miller bill, H.R. 2351,
        currently with 88 cosponsors; Capitol Switchboard (202) 224-3121;
  o     Submit letters to the editor for local media.
  o     Schedule an in-district meeting with their Representative and
        Senate offices.
 
In-person meetings should be scheduled as soon as possible because
members' district work periods fill up quickly.  Information on how to
set up a district meeting is available from GREEN (202) 789-2844 x289.
 
MESSAGE: S. 1180 does more to keep species on the endangered list than
to get them off of it.  The cumulative effect of many provisions of the
Kempthorne bill will lead it to fail in what should be the central
mission of endangered species legislation, the recovery and de-listing
of threatened species.  S. 1180:
 
  o     Undermines recovery of species on private lands;
  o     Undermines recovery of species on public lands;
  o     Delays protections and recovery measures;
  o     Ignores new scientific information; and
  o     Precludes recovery for newly listed species.
 
TOOLS: Call or email GREEN for side-by-side comparisons of the
Kempthorne and Miller bills, a list of Miller bill cosponsors,
newsclips, sample op-eds, and "how-to" information on requesting in-
district meetings with members of Congress. (202) 789-2844 x289.
 
INTERIOR APPROPRIATIONS/LWCF
Concerted efforts by a broad alliance of conservation and recreation
groups and state and local officials to protect funds earmarked for the
Land and Water Conservation Fund resulted in a pyrrhic victory for
LWCF.  Responding to the pressure, the Administration advocated full
funding for the LWCF and threatened to veto the bill if the desired
funding levels were not met.  However, after lengthy negotiations over
the Administration's priority land acquisitions -- the New World Mine
near Yellowstone and the Headwaters Forest in northern California --
the President conceded to sign the bill in spite of vehement and broad-
based opposition to the bill designating LWCF money for purposes other
than land acquisition, and a laundry list of anti-environmental
amendments attached in conference committee.
 
President Clinton used his line item veto authority to strike one
amendment to the bill, the transfer of millions of dollars in federal
mineral rights to Montana.  However, several egregious amendments were
signed into law, including Sen. Domenici's (R-NM) amendment overriding
a court order requiring reduction of public lands grazing in Arizona
and New Mexico because of environmental damage, and reinstatement by
appropriations conferees of the controversial, timber industry-
subsidizing purchaser-credit road building program on National Forests.
 In signing the bill, the President vowed to raise the purchaser credit
road issue in 1998, a vote narrowly lost in the House.
 
TOOLS: For a list of anti-environmental amendments attached to the FY
1998 Interior Appropriations bill, contact GREEN (202) 789-2844 x 289.
 
FAST-TRACK/TRADE
The "race to the bottom" -- the description given to HR 2621, the
Reciprocal Trade Agreement Authorities Act or "fast-track" legislation
by its opponents -- was called off until the next session of Congress.
 President Clinton announced 11/10 he pulled the bill after it became
clear he had failed to muster enough votes to gain approval in the
House.
 
"Defeat of this `fast-track' bill is a huge victory for the environment
and democracy," said William Snape of Defenders of Wildlife.
Conservation groups, including some that supported NAFTA, were united
in their opposition to fast-track legislation because it threatens to
undermine environmental laws.  Rep. Nancy Pelosi (D-CA) issued a press
statement 11/6 describing her opposition to the fast-track bill,
saying, "The legislation ignores, where it does not forbid,
strengthening environmental or labor standards... Those who relegate
the environment to secondary status are on the wrong side of the
future."
 
Prospects for Next Session:   The Administration is already lobbying
House members in hopes of bringing "fast-track" authority to a vote
when Congress returns, however substantive changes to the legislation
to address labor and environmental concerns have not been broached.
 
PUBLIC LANDS MINING
The FY 1998 Interior Appropriations bill continues for the fourth
consecutive year the moratorium on patenting under the 1872 Mining Law,
protecting mineral-rich public lands from being sold to private
interests at 1872 prices.  With the support of the mining industry,
Sen. Larry Craig introduced S. 1102 on 7/31 to amend the 1872 General
Mining Law to assess a 5 percent royalty on new mining claims, continue
to allow miners to patent claims for between $2.50 and $5.00 per acre
and reaffirm existing cleanup standards.  Competing bills supported by
conservation groups -- S. 327 introduced by Sen. Dale Bumpers (D-AR);
HR 253 introduced by Rep. Nick Rahall (D-WV); and HR 778 and 779
introduced by Rep. George Miller (D-CA)   -- would levy a higher
royalty, abolish patenting, require new standards for site cleanup, and
require the federal government to block mining on unsuitable lands.
For more information, contact the Mineral Policy Center (202) 887-1872.
 
PUBLIC LANDS GRAZING
House Agriculture Committee Chair Bob Smith (R-OR) introduced HR 2493,
the Forage Improvement Act, on Sept. 17.  The House passed the Smith
grazing bill on Oct. 30 by a 242-182 vote.  Interior Secretary Bruce
Babbitt has said he will recommend a veto of the bill as reported.
Before going to the House floor, changes were made to the Resource
Advisory Council section and the definition of allotment was clarified
to remove property rights implications.  Amendments by Reps. Bruce
Vento (D-MN) and Scott Klug (R-WI) which would have increased grazing
fees above what the Smith bill required were defeated 212-208 and 219-
205.  An amendment offered by Rep. George Miller (D-CA) which increases
grazing fees for foreign permit-holders passed on a voice vote.  No
companion legislation has been introduced in the Senate.  A broad
coalition of conservation groups oppose the bill.
 
MESSAGE: HR 2493 is bad for western National Forests and Bureau of Land
Management-administered public lands because it will:
 
1. Ignore the pressing need to address existing resource damage and
improve the ecological health of our public rangelands.  The bill would
harm rangelands and undercut agency conservation efforts by
"locking-in" current grazing levels and practices, even if this grazing
is causing damage!
 
2. Subsidize ecologically-damaging overgrazing through a new "bargain
basement" grazing fee formula;
 
3. Limit public access to public lands and hamper the ability of
hunters, anglers, hikers and others to participate in public land
management, while expanding the livestock industry's role and
influence;
 
4. Hamper agency efforts to make sound and timely management decisions
that will protect fish and wildlife and other valuable resources on our
public lands.
 
TOOLS: Conservation fact sheet; Oct. 15, 1997 Congressional Budget
Office Cost Estimate for H.R. 2493; Call GREEN (202) 789-2844 x289.
 
BILL TO END COMMERCIAL LOGGING ON PUBLIC LANDS
A 10/31 Sierra Club press release announced the introduction of the
National Forest Protection and Restoration Act, H.R. 2789 by Reps.
Cynthia McKinney (D-GA) and Jim Leach (R-IA), which would end the
timber sales program on National Forests and other public lands and
redirect the subsidies that have gone to commercial logging on public
lands into restoration and worker retraining.  The Sierra Club released
an economic analysis of the Forest Service's own accounting showing the
timber sales program on National Forests operated at a net loss to
taxpayers of $791 million in 1996.  Contact John Leary, Sierra Club for
more information (202) 547-1141.
 
FOREST HEALTH
On 11/5 the House Agriculture subcommittee passed by voice vote
Agriculture Committee Chairman Bob Smith's (R-OR) bill, HR 2515, which
would require the Secretary of Agriculture to implement pilot projects
on National Forests to improve forest health.  Conservation groups say
so-called forest health prescriptions are another excuse to log and
that dead trees and woody debris are important components to forest
habitat.  Rep. George Brown (D-CA), the only member of the subcommittee
to oppose the bill, said, "I have been troubled by the claims that the
way to cure these ecosystem ills is through continued over-logging,
such as what we saw under the `salvage rider.'"
 
NATIONAL FOREST MANAGEMENT ACT
Senate Energy and Natural Resources forests subcommittee chair Larry
Craig (R-ID) introduced Oct. 3 the Public Lands Management Improvement
Act of 1997, intended to "streamline forest policies" and rework the
National Forest Management Act and Federal Land Policy Management Act.
The bill is being rewritten following hearings and before being marked
up in committee.  Conservation groups oppose the bill for a number of
reasons.  Sen. Craig also introduced S. 1254, which would allow states
to manage part or all of the federal lands within their borders.
 
QUINCY LIBRARY GROUP BILL
S. 1028, the Senate version of HR 858, the Quincy Library Group bill,
which would institute a five-year pilot project for forest management
activities on three northern California National Forests, did not come
to a vote in the Senate as expected.  Sen. Boxer (D-CA) has discussed
offering an amendment that would remove 180,000 acres of old-growth
forest from the bill's timber base.  Information provided by the Sierra
Nevada Ecosystem Project shows that as much as 217,000 acres of old-
growth could be threatened by the logging mandated in the bill.  The
Senate bill passed out of committee Oct. 22.  The bill passed the House
429-1.  Conservation groups oppose the bill.  For more information,
contact Klamath Forest Alliance (916)467-5405
[log in to unmask]  http://www.sisqtel.net/users/klamath
 
 
==========================================================
Roger Featherstone -- Director
GrassRoots Environmental Effectiveness Network
A project of Defenders of Wildlife
PO Box 40046, Albuquerque, NM 87196-0046
(505) 277-8302  fax:(505) 277-5483  e-mail:  [log in to unmask]
check out our web page at:  http://www.defenders.org/grnhome.html
(All other GREEN staff remain at our Washington, DC, office)
==========================================