George Miller

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I thank the gentleman from Nevada (Mr. Gibbons) for all of his work and effort in coming to an agreement on this legislation. I know that he has been involved with it for a considerable period of time. Mr. Chairman, I yield such time as she may consume to the gentlewoman from Nevada (Ms. Berkley); and I again thank her for all of her help and effort on this legislation.

Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman H.R. 1695 directs the conveyance of a substantial tract of public lands located near the Mojave National Preserve for the development of a large commercial airport and related facilities for the Las Vegas area. As reported by the Committee on Resources, H.R. 1695 was a controversial measure. The bill was opposed by the administration, the environmental community, and many Members because the legislation failed to adequately address the potential environmental impacts, land- use conflicts, and administrative problems associated with large-scale land conveyance. Attempts were made to address these significant issues in the Committee on Resources. These efforts were spearheaded by our colleague, the gentleman from Minnesota (Mr. Vento), who is unable to be here with us today because he is recovering from major surgery; but I know he is watching this closely. The gentleman from Minnesota has been involved in the legislative consideration of this matter for several years, and his expertise on public lands issues gave him keen insight into the problems associated with the bill. The gentleman from Minnesota offered several constructive amendments to the legislation in committee. Although the committee did not adopt these amendments at that time, the seeds of his efforts are bearing fruit. H.R. 1695 was headed to the floor this week with solid opposition from the administration, from the environmental community, and from many Members of Congress, including myself, concerned about the environmental consequences of this proposal. Fortunately, efforts have been underway to address these concerns, and for that I want to commend our colleague, the gentlewoman from Nevada (Ms. Berkley). The involvement of the gentlewoman from Nevada (Ms. Berkley) was critical in helping to diffuse that opposition and make possible the manager's amendment that will be offered to this legislation. In helping to craft these changes, the gentlewoman from Nevada showed herself to be a strong advocate for her community and the environment. I can attest to that fact because I have been cornered by her numerous times over the last couple of months about this legislation and about her concerns for the opposition to the legislation that was being registered at that time. As a result of that, I believe the manager's amendment that we now have before us makes a significant improvement to the bill by providing a joint lead agency status for the Department of the Interior on the Environmental Impact Statement necessary for the planning and construction of an airport facility on the conveyed lands. This is important, since the lands to be conveyed are currently administered by the Department of the Interior; and the potential environmental impacts of such an airport involve the Mojave National Preserve and other resource responsibilities of the Interior Department. A detailed EIS will be crucial in determining whether an airport should be placed within the Ivanpah Valley. As noted in the NEPA regulations, found in 40 CFR 1502.14, the EIS must rigorously explore and objectively evaluate all reasonable alternatives, including the no- action alternative. Further, it will have to include a detailed analysis of environmental issues and consequences associated with the proposed airport facilities and the related infrastructure. These are questions that cannot be answered today. With the potential impacts to the environment that exist with the proposal, especially for the Mojave National Preserve, it is incumbent the EIS thoroughly address all alternatives and environmental consequences. As one of the cosponsors of the California Desert Protection Act, I have a long-standing interest in protecting the biological diversity of the region's desert ecosystem, especially as it relates to the Mojave National Preserve and the wilderness areas designated in the 1994 act. These are areas that some might dismiss as dirt and rock but in truth hold significant environmental values that ought to be addressed before any decision is made about a new airport that could negatively impact these areas. Even with these changes made by the manager's amendment, the bill is not perfect; but it is certainly an improvement as to what the House would otherwise have been faced with. And again I want to commend the committee and the gentlewoman from Nevada (Ms. Berkley) for their efforts in putting together this amendment. Mr. Chairman, I reserve the balance of my time.

Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the balance of my time.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I rise today to introduce a House Concurrent Resolution calling for Congress to dedicate a portion of the budget surplus to fulfill the moral and legal responsibilities of the United States by ensuring proper payment and management of all federally held tribal trust fund accounts and individual Indian money accounts. Since 1820, the United States has held monies in trust for American Indians. At first for Indian Tribes and later for individual Indians as well. Funds mostly derived from the lease or sale of trust lands and other resource assets including timber stumpage, royalties from oil, gas and coal development, and agriculture fees are added to these trust fund accounts. Currently, the Bureau of Indian Affairs (BIA), which is charged with maintaining the accounts, controls approximately 390,000 individual Indian money accounts (IIM), and 1,500 tribal accounts. Each year over $1 billion passes through these accounts. The historical and legal record demonstrates that the U.S. government has failed miserably at its fiduciary responsibility to manage these accounts. Horror stories include years of royalty checks being stuffed in desk drawers instead of deposited, and piles of documents thrown away, destroyed or lost. Reams of reports by Congressional investigators, spanning several Administrations, document the often careless and incompetent manner in which these accounts have been managed. Beginning in 1991 Congress funded BIA to reconcile the accounts but after 5 years and $21 million we were told that volumes of documentation of transactions and investments simply no longer exist. As far back as the Reagan administration, the Indian Trust Funds were listed as one of the top federal financial liabilities. Currently, a class action suit of Individual Indian Money (IIM) account holders is pending in federal court and the BIA is working to ensure that similar accounting problems do not occur in the future. In the meantime, I am deeply concerned that Congress is paying inadequate attention to the very substantial financial debt the federal government owes to Native American account holders. In particular, in making sweeping decisions about allocation of the budget surplus, it is essential that we reserve sufficient funds to ensure our ability to meet our fiduciary responsibilities to Indian tribes and individuals. These are real debts we owe to fellow American citizens; just as we cannot spend the surplus needed for Social Security and Medicare solvency, so, too, must we reserve sufficient amounts to meet our obligations to the Indian Trust Funds. My House Concurrent Resolution calls upon the Congress to fulfill our moral and legal obligations to Native Americans by reserving adequate funds to address the problem. I will push for swift consideration and approval of this legislation and urge all my colleagues to join me in supporting this important resolution.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, I do so for the purpose of asking the gentleman from New Jersey to explain his unanimous consent request. Mr. Speaker, I yield to the gentleman from New Jersey (Mr. Saxton).

Mr. GEORGE MILLER of California. Mr. Speaker, further reserving my right to object, this bill has been thoroughly reviewed by the Committee on Resources. The technical corrections contained in this bill are legitimate, non-controversial, and supported by the Administration. I am especially pleased that this legislation would add an additional 213 acres of land within Cape Henlopen State Park to the Coastal Barrier Resource System. I support this bill and I urge an ``aye'' vote.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, Gloria Flora, forest Supervisor of the Humboldt-Toiyabe National Forest in Nevada resigned last week, citing relentless ``fed-bashing.'' Since becoming Supervisor of the largest national forest in the lower 48 just over a year ago, Ms. Flora has become embroiled in disputes over grazing, endangered species protection, and road closures. One of these disputes recently culminated in Elko County residents, including public officials, illegally rebuilding a forest road without federal permits, an act which in turn triggered a U.S. Fish and Wildlife Service emergency listing of the bull trout. At the forefront of these disputes are extremists whose radical anti-government stance has translated into several instances of intimidation and harassment of federal land managers and acts of violence against public servants and property. It is deeply distressing that public servants who are administering and enforcing the law are subjected to such hostile circumstances that they are forced to leave their jobs and homes. We should keep in mind that federal land managers like Ms. Flora are charged with enforcing laws passed by the Congress and entrusted with public lands and natural resources that belong to all the people of this country. For twenty years, the wise use movement in its various forms--the Sagebrush rebellion, states' rights, county supremacy--has fomented hostility and hatred toward officials enforcing the laws of Congress. Rather than perpetuate the disregard and disdain for the government and its laws, I urge my colleagues to use their good offices to create a climate of decency and cooperation. Mr. Speaker, while I deeply regret that Ms. Flora has chosen to resign, I sincerely hope that we take this opportunity to express our support for her and for the many Forest Service employees who share her concerns. I submit Ms. Flora's letter to her fellow employees. Open Letter to Employees of the Humboldt-Toiyabe National Forest November 8, 1999 There is no easy way to say good-bye to a group of hard- working, dedicated employees and friends. But the time has come when I must do just that. The best part of working on this Forest is watching each of you perform your work so well. The results speak for themselves in the outstanding land stewardship and exemplary business practices found on this Forest. I have become increasingly troubled by the difficult conditions that so many of us face in the state of Nevada. We now accept as commonplace unwarranted criticisms of and verbal attacks on federal employees. Officials at all levels of government in Nevada participate in this irresponsible fed-bashing. The public is largely silent, watching as if this were a spectator sport. This level of anti-federal fervor is simply not acceptable. It is not like this in other places! As you know, I've worked throughout the Intermountain West: Montana, Idaho, Utah and Wyoming. Yes, there are arguments and strong disagreements over land use policy, but they usually stay within the bounds of reason. As tensions escalate, others weigh in with their opinions and the media does in-depth investigative reporting. There is a sense of balance. Outlandish words and acts, regardless of the origin, are repudiated openly by reasonable community members. Constructive collaboration and discourse are recognized as the methods to resolve complex natural resource issues. Yes, things may get heated but all people have a voice. The attitude towards federal employees and federal laws in Nevada is pitiful. People in rural communities who do respect the law and accept responsibility for complying with it are often rebuked or ridiculed. They are compared to collaborators with the Vichy government in Nazi-controlled France! People who support the federal government or conservation of natural resources ask that they not be identified for fear of retaliation. When I speak against the diatribes and half-truths of the Sagebrush Rebellion, I am labeled a liar and personally vilified in an attempt to silence me. When I express concerns for Forest Service employees' safety, I am accused of inciting violence. This is the United States of America. All people have a right to speak and all people have a right to protection from discrimination. However, I learned that in Nevada, as a federal employee, you have no right to speak, no right to do your job and certainly no right to be treated with respect. I could go on and on with examples of those of you who have been castigated in public, shunned in your communities, refused service in restaurants, kicked out of motels . . . just because of who you work for. And we cannot forget those who have been harassed, called before kangaroo courts, or had their very lives threatened. It disturbs me to think that two million people in this state watch silently, or worse, in amusement, as a small percent of their number break laws and trounce the rights of others with impunity. Worse yet, there are elected officials who actively support these offenders. Those whose responsibility it is to help us enforce the laws passed by Congress and do our mandated jobs, always seem to have a reason why action must be postponed. The Jarbidge situation is just another example of how certain elements would rather fight and excoriate the federal government than work towards a solution. These people need an ``evil empire'' to attack. When a member of the United States Congress joins forces with them, using the power of the office to stage a public inquisition of federal employees followed by a political fundraiser, I must protest. This member and others continue to do this, and we, as an agency, believe that it is best to keep turning the other cheek. Enough is enough. I am not promoting conflict; I'm simply advocating that our agency demands fairness and common decency. It's time to speak up. But speaking up and continuing to work here are not compatible. By speaking out, I cannot provide you, my employees, with a safe working environment. And to date, I have not been able to convince others that the current atmosphere is unacceptable and requires a proactive response. I refuse to continue to participate in this charade of normalcy. Equally troubling is our limited ability to perform the mission of the Forest Service under these conditions. As stewards for public lands, entrusted with protecting and restoring natural resources for present and future generations, we must be able to perform those functions in a collaborative and cooperative manner. The health of the land is paramount. I am choosing to leave for my principles, for my personal well-being, and so I can actualize my commitment to natural resource management in a setting where respect and civil discourse is the norm. I have no definite plans and I am not seeking special treatment from the agency. I will stay at least until the end of the year to help ensure a smoother transition to new leadership. I leave you with my fondest wishes for continuing your excellent work and gaining the fulfillment and respect that you all deserve. As I told you when I first arrived, simply demonstrate honesty, integrity and ethical behavior and you will succeed. Thank you for the tremendous support you have given me, I couldn't have asked for more from you. Sincerely, Gloria E. Flora, Forest Supervisor.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, if the gentleman would take a moment to explain the bill.

Mr. GEORGE MILLER of California. I yield to the gentleman from Alaska.

Mr. GEORGE MILLER of California. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, I do so to yield to the gentleman to quickly explain the bill.

Mr. GEORGE MILLER of California. I yield to the gentleman from Utah.

Mr. GEORGE MILLER of California. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, I do so for the purposes of yielding to the gentleman so he may explain the bill.

Mr. GEORGE MILLER of California. I yield to the gentleman from Utah.

Mr. GEORGE MILLER of California. I yield to the gentlewoman from Ohio, who has worked so very, very hard on this legislation.

Mr. GEORGE MILLER of California. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, I do so for the purpose of asking the gentleman from New Jersey to explain his unanimous consent request. Mr. Speaker, I yield to the gentleman from New Jersey (Mr. Saxton).

Mr. GEORGE MILLER of California. Mr. Speaker, further reserving my right to object, this bill would authorize a minor map correction to change the boundaries of an otherwise protected area (OPA) to make these boundaries coterminous with the boundaries of a State park. This correction would exclude 14 acres of private land from the OPA. The Committee on Resources has thoroughly reviewed the underlying justification for this map correction and has worked closely with the Fish and Wildlife Service throughout. The Committee has found nothing to prove conclusively that Congress intended to include private lands abutting the boundaries of the State park when it created this OPA in 1990. Also, there is reasonable doubt that these private lands would have qualified for inclusion under the Fish and Wildlife Service's designation criteria for otherwise protected areas or undeveloped coastal barriers. This bill will rectify a previous mapping error by the Fish and Wildlife Service and bring this OPA into conformance with congressional intent to use existing park boundaries as the basis for OPA boundaries. The Administration supports this legislation and I urge that the House pass the bill. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, reserving the right to object, I take this time for the purpose of asking the gentleman from New Jersey for an explanation of his unanimous consent request. Mr. Speaker, I yield to the gentleman from New Jersey (Mr. Saxton).

Mr. GEORGE MILLER of California. Mr. Speaker, further reserving my right to object, with the recent passing of Senator John H. Chafee, Congress has lost a compassionate and persuasive advocate for the protection and conservation of our Nation's natural heritage. Senator Chafee's many legislative contributions, including his leadership in authorizing and improving keystone environmental legislation such as the Clean Water Act, the Clean Air Act, and the Endangered Species Act to only name a few, leave a legacy of accomplishment that is both daunting and admirable. As many people know, Senator Chafee deeply loved the coastal barrier beaches and islands of his beloved Ocean State. Perhaps this lifelong affection explains why Senator Chafee worked so tirelessly to create the Coastal Barrier Resource System in 1982, and why he fought so strenuously to protect it in the intervening years. If there really is a way to pay tribute to this modest and self- effacing man, I can think of no better testimonial than to re-name the Coastal Barrier Resources System in his honor. It will serve as a lasting tribute to the man, and a reminder to us all of the important work that still remains unfinished in order to protect our Nation's environment. I support this bill and urge all Members to vote for it. Mr. Speaker, I withdraw my reservation of objection.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I yield such time as he may consume to the gentleman from New Mexico (Mr. Udall).

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such time as I may consume. (Mr. GEORGE MILLER of California asked and was given permission to revise and extend his remarks.)

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 382, as just explained by the subcommittee chair, establishes the Minuteman National Historic Site in South Dakota to encompass both the Delta One and Delta Nine missile site at Ellsworth Air Force Base. We have no problem with this legislation, and recommend its passage. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.