Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. Mr. President, parliamentary inquiry: How much time remains now for debate?

Mr. DOMENICI. If there are any Senators who wish to speak who favor this amendment, we will give them some of our time if they want to get down here and take a few minutes. It is a very interesting and exciting issue. I will take a few minutes now. I yield myself 5 minutes.

Mr. DOMENICI. Will the Chair inform me when I have used 5 minutes.

Mr. DOMENICI. Mr. President, a lot has been said about this. A lot is not true. In a very few minutes, I will go through exactly what is true by reading specifically what the bill says and the interpretations that we have. I do not believe there is any right-thinking American, knowing the dangerous nature of our reliance upon both oil and natural gas, who would not want to know tomorrow morning, if they could, how much in resources we have if we ever needed them. We only want to know about certain ones. We do not want to know about those who might want to drill out in the ocean. We just want to know about some of them. I think every American would say: Tell us how much we own, and then later on we will discuss whether it is worthwhile trying to use them. The provisions in this bill do not lift the moratorium. It simply authorizes the Secretary to conduct a study. This language prohibits the use of drilling to obtain data, and it also directs the Secretary to use existing data. It is a prudent move to take an inventory of our domestic resources and where they are located. Technology has changed significantly over the years, and resource data that were developed in the 1970s are totally outdated. We did not have the advantage of 3-D seismic analysis, and MMS has never included 3-D data in its assessment of the Atlantic OCS resources. Nearly 60 percent of our oil is imported today. Supply disruptions left the world oil markets in short supply. Not too many years ago, it also left lines in America where in New York they started waiting in lines at 4 in the morning. They got so mad at each other, they even shot each other because one was jumping ahead of the other in line. Just think of what would happen if that were the case and if then somebody stood up on the floor of the Senate and said, well, if 10 years ago that amendment would have passed and they would have taken an inventory, we could at least be taking a look to see whether we could use our own oil that is in the ocean that we already know how to get out without destroying anything. Experts agree that the country faces a crisis. Over time, technological advances have allowed us to identify additional oil and gas in areas where they once were thought to be in limited supply. In 1995, the Federal Government estimated that the Gulf of Mexico contained 95 trillion cubic feet of undiscovered natural gas. Five years later, in 2000, which is not too long ago, that number was increased to 193 trillion of undiscovered gas, an increase of 100 percent. Restrictions on preleasing activities do not preclude environmental, geological, physiological, economic engineering, or other scientific analysis studies and evaluations. Congress passed its own drilling moratoria. It included language in the conference report that specifically provided for new studies. The statute says what I just stated, that restrictions on preleasing activities do not preclude environmental, geological, physiological, economic, and engineering activities. I am convinced that with the energy supply, a short supply in our country, the shortages in the 2000 and 2001 and the higher prices again this year, we are going to need to take prudent steps.

Mr. DOMENICI. I yield myself 1 additional minute.

Mr. DOMENICI. It is no surprise that informed people know what America's concern is, such as the American Chemistry Council, American Iron and Steel Institute, Council of Industrial Boiler Owners, National Association of Manufacturers, the Fertilizer Institute, the American Gas Association, the Farm Bureau, the U.S. Chamber of Commerce. Federal Reserve Chairman Alan Greenspan has also spoken out, not on this issue but on natural gas prices and the shortage. He said: I am quite surprised how little attention the natural gas problem has been getting because it is a very serious problem. That is a true statement, and because of a committee that was asked to do work to plan a policy, we are doing something that Alan Greenspan said. He said he was surprised we are not doing more. We want to do more. This more is a simplistic more. It is a let-us-know-what-we-have more. That is all there is to it. Knowledge is better than no knowledge when it comes to problems. Knowledge of what you own is better than not knowing what you own, and that is the issue.

Mr. DOMENICI. Mr. President, I know we will be back on this bill. I note that the Indian tribes and organizations listed are not in full. We have additional ones since this was prepared, and they will be added in due course. I compliment the distinguished Senator, Mr. Campbell. I am pleased to be his cosponsor, and I say for those who are going to now look at this bill, I hope our Indian leaders also are aware that there will be those who look at it from the standpoint of how can they make it more difficult for the Indian people to be able to develop their resources. That is what some of the time and effort will be spent on during the intervention between this bill and its final vote. How can organizations that do not want the Indian people to produce their raw materials into energy and resources, thus jobs and opportunity for the Indian people, get their hands on this bill and try to offer amendments to try to harm this bill? I am certain some will do that. We will be vigilant, we will be aware, and we are asking the Indian leaders who support this to inform their Senators that this is the bill they want as part of America's policy on energy. We are asking every Indian leader to advise those Senators who have been with them in the past to support this bill. This bill is their bill. It is for their future. It is for jobs and money and resources for them. We need them telling their Senators that this is the bill they want. If they do that, come July we will have a real Fourth of July celebration for the Indian people, for in a sense they will be free, free to develop their resources, where heretofore their hands have been tied. There will be those during the intervening time who will look for ways to put more ties and strings back into the Campbell bill. We want to tell our Indian leaders to tell their friends in the Senate they do not want that; they do not want changes to this bill that will make it harder for them to develop their resources in partnership, singularly or otherwise, with other Americans. This amendment is the product of many hours of negotiation and cooperation among the interested tribes, the Indian Affairs Committee and the Energy and Natural Resources Committee. I am also pleased that this amendment enjoys the support of numerous tribes including the Jicarilla Apache Nation, the Cherokee Nation, the Southern Utes, the Chickasaw Nation, the Native American Energy Group, the National Congress of American Indians, Dine Power--a Navajo Corporation, the Council of Energy Resource Tribes, which represents nearly 50 energy producing tribes and The National Tribal Environmental Council, which represent 180 tribe, I am pleased that Indian tribes across the country will play an important role in our national energy plan. By passing this legislation, we will streamline the tribal leasing process that outside parties have more incentive to partner with tribes in developing energy resources and provide investment in critical energy infrastructure on Indian land. Indian lands contain some of the richest energy reserves in the Nation. Although Indian land accounts for only 5 percent of the land area of the U.S. it contains: 30 percent of identified coal deposits; 5 percent of our nation's oil; and 10 percent of our natural gas, which is in very tight supply. Despite the fact that reserves are present, the Department of the Interior estimates that only 20 to 25 percent of these assets have been developed. Energy projects are capital intensive and most tribes do not have the financial capability to develop the resources. Tribes face an additional burden in attracting partners and that is a result of the paternalistic lease approval system that requires the Secretary of the Interior to approve all tribal leases. This delays action and creates investment uncertainty. In an attempt to resolve this out-of-date process, the Indian Affairs Committee and the Senate Energy Committee have taken key elements of both Senator Campbell's legislation S. 522 and Senator Bingaman proposal, S. 424. The title adopts Senator Bingaman's proposal to create the Office of Indian Energy Policy and Programs within the Department of Energy. This office will provide grants and loan guarantees to tribes to facilitate the development of their energy resources and infrastructure. Section 303, of this title will change the existing lease agreements between the Secretary of the Interior and tribes to allow tribes to enter into a lease or agreement without the approval of the Secretary so long as those leases or business agreements conform to regulations promulgated by the Secretary. The section establishes a process by which a tribe may submit a plan governing leases and rights-of-way to the Secretary for approval. It also requires the tribe to demonstrate to the Secretary that the plan includes provisions regarding lease and contract terms, environmental regulation, and public notification and comment. I think that is very important to note that this entire proposal is voluntary. Let me repeat that. This proposal is completely voluntary. Tribes will not be forced to adopt this proposal if they feel it would not benefit the tribe as a whole. We have numerous letters from tribes who support the proposal and I am confident they will benefit. However, any tribe that opposes this proposal probably will not participate and can continue to operate under the status quo. This amendment also protects the environment. I think the statement of President Joe Shirley of the Navajo Nation before the Senate Indian Affairs Committee accurately captures the environmental responsibilities all tribes must comply with. President Shirley stated, Tribes may already promulgate regulations that are more, but not less, stringent than Federal regulations governing the same subject matters (environment). The following is a list of some of the federal statutes that already control regulations for land use, both State and tribal: National Environmental Policy Act, Clean Air Act, Clean Water Act, Endangered Species Act, Federal Land Management and Policy Act, National Historic Preservation Act, Native American Graves Protection and Repatriation Act, Surface Mining Control and Reclamation Act and the Indian Mineral Leasing Act. Clearly, the tribes must fully comply with our environmental statutes. Following markup of S. 14, the Indian Affairs and Energy Committees have worked to address concerns regarding the trust responsibilities between tribes and the Secretary of the Interior. These agreed-upon changes make up the amendment Senator Campbell has offered. This amendment deserves the strong support of the Senate. I ask unanimous consent for 1 additional minute for Senator Campbell to speak.

Mr. DOMENICI

Mr. DOMENICI. Madam President, as a manager of the bill, our side is awaiting communication from the executive branch by way of explanation of the Feinstein amendment. That should be arriving shortly. When it arrives, we will be ready on our side for the conclusion of any discussion. So it should not be too long--probably after lunch--before we are ready on our side for a vote on the Feinstein amendment. For those who are wondering, that is what is happening. There is no need to be in the Chamber on that amendment until that event occurs. I am certain nothing will happen on the Energy bill until that time because there is no concurrence that anything can happen. In other words, we cannot do anything because the Feinstein amendment cannot be set aside for any other amendments.

Mr. DOMENICI. We hope it will be here shortly. I noted the presence a short time ago of the chairman of the Agriculture Committee, which has primary jurisdiction on the Feinstein amendment. He, too, was wondering what was happening. I want he and his staff to know that is exactly what is happening. It should not be too much longer until we then proceed in due course for a vote.

Mr. DOMENICI

Mr. DOMENICI. I object.

Mr. DOMENICI. Madam President, how much time is on this side?

Mr. DOMENICI. I have no objection.

Mr. DOMENICI. Madam President, do we have any time remaining on our side?

Mr. DOMENICI. I yield the Senator from Wyoming the remainder of our time.

Mr. DOMENICI. Madam President, I yield back any time we have on our side.

Mr. DOMENICI. I move to table the amendment and ask for the yeas and nays.

Mr. DOMENICI. Madam President, I move to reconsider the vote.

Mr. DOMENICI. Madam President, I understand that amendment will be accepted on both sides.

Mr. DOMENICI. The Senator from Louisiana asked if she might speak for 1 minute.

Mr. DOMENICI. Madam President, I congratulate the Senator. The first comment was on a question the Senator put to Dr. Greenspan and his response about being surprised at how little attention was being paid to matters. We are quite proud that this committee started paying attention to natural gas as soon as we convened this year. Our first hearings indicated, through our experts, that we were going to have a serious shortage. We were questioning even then; that was only 3 or 4 months ago. We have nothing further.

Mr. DOMENICI. I move to reconsider the vote.

Mr. DOMENICI. I ask Senator Campbell if that is all right.

Mr. DOMENICI. We have no objection. Amendment No. 881 (Purpose: To provide for a significant environmental review process associated with the development of Indian energy projects, to establish duties of the federal government to Indian tribes in implementing an energy development program, and for other purposes)

Mr. DOMENICI. Mr. President, how much time do we have on our side?

Mr. DOMENICI. Mr. President, I thought we agreed to 20 minutes on each side.