Don Nickles

Mr. NICKLES

Mr. NICKLES. Mr. President, I understand there are six bills at the desk due for their second reading. I ask that they be read consecutively.

Mr. NICKLES. Mr. President, I object en bloc to further proceedings on these bills at this particular time.

Mr. NICKLES

Mr. NICKLES. Mr. President, today, we will be in a period of morning business until 12:30 p.m. At 12:30, the Senate will recess for the weekly party conferences until 2:15 p.m. It is my hope that prior to the recess, we will reach a consent agreement for the consideration of four of the President's Cabinet nominations. That agreement would allow for a vote or votes shortly after we reconvene at 2:15 today. Senators can therefore expect rollcall votes later in the day. Additional nominations are scheduled for hearings during Wednesday's session. It is hoped that we can expedite those nominations for full Senate action. I thank my colleagues for their attention.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NICKLES. I ask unanimous consent to speak as in morning business for as much time as I desire.

Mr. NICKLES

Mr. NICKLES. Mr. President, I rise to be critical of President Clinton's recent actions dealing with the Antiquities Act in declaring millions of lands national monuments. He did this without consulting with the Governors, without consulting with elected officials, without consulting Congress. I believe that to be almost an act of contempt of Congress and certainly in defiance of what is considered the Antiquities Act and the purpose of the Antiquities Act. The Antiquities Act was written in 1906. It was established at that time to protect very special historic, beautiful lands from development. It is a short act, and I will have it printed in the Record at the conclusion of my speech. The whole purpose of the act President Clinton has defied. It does not say he is King or that he can take an unlimited amount of lands without consulting Congress or elected officials or local officials and say, we declare this a national monument so you cannot touch it and we don't care what you think. I was amused when I noticed the Washington Post and other media said President Clinton was being active in the final days as President of the United States. He was more than active when acting in a way I believe certainly exceeded the statutory language of the Antiquities Act. Certainly he was being more than active when he defied logic and did not consult elected officials. I think he abused the Antiquities Act and his actions prove that it needs to be reformed. When I read it, I wonder where he gets this authority. I think he exceeded the authority of the act. The authority of the act says: The President of the United States is authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic and scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. And it continues. The media reported that President Clinton has created more national monuments than any other President going back to Theodore Roosevelt. I looked back and Theodore Roosevelt didn't do as much as President Clinton in the last month or certainly since the last election. Theodore Roosevelt, through his actions, did a total of 1.5 million acres. President Clinton did 2 million acres after the election. Why did he do it after the election? Is it because there were hundreds of thousands of acres he did not consult with people? He didn't ask the elected officials. He said: This is what we will do; we will declare a national acres monument. All together he has declared 5.7 million in national monuments. I mention the elections because obviously President Clinton used this act for election purposes. He did it in September of 1996 right before the election, I might mention, and it dealt with the Grand Staircase- Escalante National Monument, 1.7 million acres, right before the election in 1996. He announced it in Arizona, overlooking the Grand Canyon. That is interesting, but the Grand Escalante is not in Arizona; it is in Utah. Utah officials were outraged because they were not consulted. The resources involved mineral deposits and coal, the value of which were billions of dollars and thousands of jobs. He did not consult with anybody in Utah. There was public outrage, but nothing happened. President Clinton did not declare any national monuments in 1997, not in 1998, not in 1999. Then we come to election year 2000 and President Clinton used a lot of declarations of national monuments in the year 2000 and particularly in the last couple of months. In the year 2000, all together he has done a total of over 4 million acres. Since the election, over 2 million acres. In the last week, on January 17, he made eight more designations, just a few days ago, in his last week of office, of over 1 million acres. He didn't consult with anybody. In the House, we have a committee that deals with lands issues, and in the Senate we have a committee that deals with land and national resources, the Energy and Natural Resources Committee, a bipartisan committee, working on land issues all the time. We pass literally hundreds of bills through the committee. That committee passes more bills than any other committee in the Senate. We deal with the bills, particularly land issues, on a bipartisan basis. Most of the time on land issues we listen to the home State Senators. If they recommend a parcel of land be designated as a wilderness or national monument, we listen to the Senators and we know they are held accountable in their States. So we give them great respect and deference. President Clinton didn't consult with Members of the Senate, and didn't consult with the Energy and Natural Resources Committee; didn't consult with the House Resources committee. He just designated a national monument. Maybe he did it right and maybe he didn't do it right. My guess is he is bound to have made mistakes trying to appease groups, perhaps environmental activists--I don't know. I may well agree with many of these. I happen to be a preservationist. I happen to be a conservationist. I love the outdoors. I have been in the Colorado River. I love to hike. I love to camp. I love to be outdoors as much as anybody. I love to hike on trails. I love our natural resources. What I don't like is a dictator. What I don't like is an emperor. What I don't like is to have a Presidential fiat, saying we will designate, and we don't care what the public thinks. We don't care what the elected officials think. We don't care what the Governors think. That is what I really object to. I make the statements in great dissatisfaction with former President Clinton because he showed contempt of Congress, contempt of the Constitution, contempt of the people who live in those districts. I think Congress should look at some of these recent declarations and have hearings. Did he draft these declarations correctly? Are the boundaries right? Are they too big? Are they too restrictive? Do they make sense? What is the economic consequences on the local city and towns and communities? What does this mean for their taxes? What does this mean for future royalties? What does this mean to Indian tribes? What does it mean for him to take these millions of acres and designate them a national monument? I may agree with each one. I disagree with the process. Again, I think it is very much in violation of the Antiquities Act, very much in violation of the intentions of the Antiquities Act, very much an abuse of his office as President of the United States. There is no comparison to previous Presidents and what they have done. I will have printed in the Record a list of all Presidents since the inception of the Antiquities Act, starting with Theodore Roosevelt, all the way through listing every President and the number of acres they had designated during their terms of office as national monuments. It shows no President has done as much as President Clinton, with the exception of President Carter when there was an enormous amount of land in the State of Alaska that was declared a national monument. Other than that one act, President Clinton had exceeded any other President by multiples of at least two, three, four, or many times more. President George Herbert Walker Bush had zero acres. President Ronald Reagan had zero acres. President Jimmy Carter, I mentioned Alaska lands issued, so that was different. Gerald Ford had 86 acres. Richard Nixon had zero acres. Lyndon Johnson had 344,000 acres. President Clinton did more than 10 times L.B.J. John Kennedy did 26,000 acres; President Clinton did almost 5.7 million acres. John Kennedy did 26,000 acres. This was a Land grab, a power grab, but more than that, I believe it was an unconstitutional expansion of the Antiquities Act. I think he exceeded his constitutional power and I regret it. I think it was a mistake. I think it shows contempt of Congress. Why did he wait until after the election? Possibly because there would be a real significant uproar in these States for failing to consult them. Under the way President Clinton has misused and, I believe, abused the act, he has acted more like a emperor than President of the United States. I ask unanimous consent a list showing President Clinton's use of the 1906 Antiquities Act and other Presidents and their use of the Antiquities Act in addition to copies of the Antiquities Act and the limitations and the situation dealing with Alaska and Wyoming be printed in the Record.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent to speak for up to 10 minutes on the resolution.

Mr. NICKLES

Mr. NICKLES. Mr. President, it is no secret that I have had serious reservations about this resolution. Let me first make a commitment to Majority Leader Daschle and soon-to-be Majority Leader Lott that I will certainly work with them and all Members of the Senate to make sure it works. I have the greatest respect for them, and I have the greatest respect for the Presiding Officer, the Senator from Hawaii, Mr. Akaka, who is, in my opinion, Mr. Civility in the Senate. I have stated in the past that what is vitally important for us to be successful in the Congress is that we need a greater return of civility and working together and trusting each other. This resolution I have had problems with because it is difficult for me to see how two people can drive a car at the same time or have their hands on the steering wheel at the same time. Also, the way I look at the precedents of the Senate, it is not consistent. When the Senate was organized on January 7, 1953, there was an equal number--the Senate was equally divided 48-48, with 48 Republicans and 47 Democrats; the Independent was convening with the Democrats, I think. The resolution said there was an equally divided Senate, but it also gave a majority of one on 15 committees. I am troubled by breaking the precedent of the Senate. I think it is important that we work together. I compliment the leaders because they have been working together. It is incumbent upon us to make this work. Not everybody is happy with the resolution, but this is the Senate. I think it is vitally important for our country that President-elect Bush and we get things done. It is going to be a test. It is a test that I will certainly commit to do everything I can to make it successful. I see some challenges. Any committee you look at, if you have an equal number--most committees have an odd number, so if you have disputes, one group or the other is going to win. We are going to try to run committees on equal numbers. That will be a challenge for Democrats and Republicans, and it will be incumbent upon all of us to work together. While I am not totally satisfied with this resolution, I commit to the leaders to help make it successful. I ask unanimous consent that a copy of the resolution of organization of the Senate in 1953 be printed in the Record.

Mr. NICKLES. Mr. President, I suggest the absence of a quorum.

Mr. NICKLES

Mr. NICKLES. Mr. President, I rise to congratulate the Oklahoma Sooners, the football team which defeated the Florida State Seminoles last night by a score of 13-2, the seventh national championship for the Sooners. This was also the Sooners' 17th appearance in the Orange Bowl. In 1980 and 1981, our friend and colleague from the House, J.C. Watts, was quarterback and did a great job. I remember those Orange Bowls in 1980 and 1981. J.C. Watts was not only an outstanding quarterback but also is an outstanding Congressman. I was with him last night to watch the Sooners win their seventh, well-deserved national championship. The Sooners went to the Orange Bowl with a perfect 12-0 record. They defeated several outstanding teams including the once number one ranked Nebraska, the University of Texas, and Kansas State. Although we did not play them before last night, Bobby Bowden, head coach for Florida State has an outstanding football team and an outstanding program. I congratulate the Sooners. I congratulate Coach Bob Stoops, who only in his second year at the University of Oklahoma was named the ``AP Coach of the Year''--a well- deserved honor, and it is certainly a well-deserved honor for the entire Oklahoma Sooner football team. In addition, I wish to congratulate my friend and our former colleague in the Senate, David Boren, who is the President of the University of Oklahoma. All people in Oklahoma can say he is doing a fantastic job not only scholastically but athletically as well. My congratulations to the team and to their leader. From the entire State, we are all very proud of the University of Oklahoma for once again becoming the national champions. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NICKLES

Mr. NICKLES. Mr. President, Senator Bob Kerrey from Nebraska, as most people know, was a former Governor of Nebraska. He has completed two terms in the Senate. I, for one, hate to see him leave the Senate. I have had the pleasure of working with Senator Kerrey on the Finance Committee. He has shown great courage. He is a person who has been willing to talk about difficult issues: Curbing the growth of entitlements, Medicare, and Medicaid. He worked on the commission that was also chaired, I think, by Senators Breaux, Frist, and Thomas, and was an outstanding member in saying: Let's make some of the tough choices; let's make some of those tough choices now. He is a person who has been willing to reach out and work in a bipartisan fashion, such as on personal savings accounts for Social Security, reforming Social Security. He has courage. He has conviction. He has shown it time and time again with his service in the Senate, with his activities in the Senate and outside the Senate. Everyone knows he is a Medal of Honor winner. I think of him as a competitor, as a friend, as a colleague. Some of us jog on occasion. Senator Kerrey jogs and jogs quite well. That is very inspirational because he also has an artificial leg. He has a great personality. I think he has made a great contribution to the Senate. He has helped improve the quality of the Senate, and certainly he will be missed. I think he has announced he is going to be a university president. That will be very much to the gain of that university. He will be sorely missed in the Senate. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. NICKLES

Mr. NICKLES. Mr. President, everyone has been focused on the Presidential election. It has been one of the most drawn out Presidential elections in U.S. history. Another election came to conclusion recently, and that was the Senate race in the State of Washington, one of the closest Senate races in many years. It took weeks to discern. Our friend and colleague, Senator Slade Gorton, was defeated. I want to make a couple comments concerning our colleague, Senator Gorton. I had hoped he would not lose this race because he is a friend of mine and, in my opinion, he is one of the most outstanding Senators we have had. By way of a little history, I was elected with Senator Gorton in 1980. Both of us were freshman Senators. He was formerly an attorney general. He gained some attention nationwide in that he and his family bicycled all the way across our country. It shows they are a close family and individuals with endurance and athletic talent. He is an outstanding Senator. He lost reelection in 1986, unfortunately. A lot of people lost. It was a tough year. That was certainly one of the toughest losses we had. I remember stating at that time when Senator Gorton lost that he was a Senator's Senator. I hated to see him lose that race. He showed great endurance and came back in 1988 and won and also won reelection in 1994. As I mentioned, he was just defeated in a very close race in 2000. Senator Gorton has served 18 years in the Senate. In his last two consecutive terms, he was chairman of the Interior Appropriations Subcommittee and worked on a couple of different Appropriations subcommittees. He did an outstanding job with the Interior Appropriations Subcommittee which has enormous responsibility. He handled that with great skill and in a bipartisan way. People ask: Can the Senate function? Can we work in a bipartisan manner? I look at Senator Gorton and his leadership on the Interior Subcommittee, working with Senator Byrd and Senator Reid. He has proven it can happen and has shown how it can happen and should happen. He is an outstanding Senator. He has handled his defeat with great class. There was a recount, and he congratulated Maria Cantwell as the victor. We are proud to call him our colleague and our friend. Certainly he will be missed in this body; certainly his leadership will be missed in the State of Washington.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Arizona (Mr. Kyl) and the Senator from Pennsylvania (Mr. Specter) are necessarily absent.

Mr. NICKLES

Mr. NICKLES. Mr. President, I ask unanimous consent to address the Senate for 2 minutes.

Mr. NICKLES. Mr. President, I thank my colleague from New York for his leadership, as well as Senator Roth. This is an area where we have worked in a bipartisan way with the administration. It is important on international trade work. It is important that we avoid countertariffs that could possibly be enacted. I think it is good news. I am glad we were able to get it passed. I am glad we could have some bipartisan cooperation. I think in many respects that is due to the leadership of the Senator from New York and the Senator from Delaware. I compliment both for their leadership, and I am pleased we are able to pass this legislation today. I yield the floor.

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Montana (Mr. Burns), the Senator from Tennessee (Mr. Frist), the Senator from Washington (Mr. Gorton), the Senator from Minnesota (Mr. Grams), the Senator from North Carolina (Mr. Helms), the Senator from Oklahoma (Mr. Inhofe), the Senator from Vermont (Mr. Jeffords), the Senator from Arizona (Mr. McCain), the Senator from Pennsylvania (Mr. Santorum), and the Senator from Pennsylvania (Mr. Specter) are necessarily absent. I further announce that, if present and voting, the Senator from Montana (Mr. Burns) and the Senator from North Carolina (Mr. Helms) would each vote ``yea.''

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Missouri (Mr. Bond), the Senator from Kansas (Mr. Brownback), the Senator from Montana (Mr. Burns), the Senator from Idaho (Mr. Craig), the Senator from Idaho (Mr. Crapo), the Senator from Wyoming (Mr. Enzi), the Senator from Washington (Mr. Gorton), the Senator from Minnesota (Mr. Grams), the Senator from Nebraska (Mr. Hagel), the Senator from North Carolina (Mr. Helms), the Senator from Oklahoma (Mr. Inhofe), the Senator from Vermont (Mr. Jeffords), the Senator from Florida (Mr. Mack), the Senator from Arizona (Mr. McCain), the Senator from Kentucky (Mr. McConnell), the Senator from Delaware (Mr. Roth), the Senator from Pennsylvania (Mr. Santorum), the Senator from Pennsylvania (Mr. Specter), the Senator from Wyoming (Mr. Thomas), and the Senator from Virginia (Mr. Warner) are necessarily absent. I further announce that, if present and voting, the Senator from Montana (Mr. Burns) and the Senator from North Carolina (Mr. Helms) would each vote ``yea.''

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Missouri (Mr. Bond), the Senator from Kansas (Mr. Brownback), the Senator from Montana (Mr. Burns), the Senator from Colorado (Mr. Campbell), the Senator from Idaho (Mr. Crapo), the Senator from Wyoming (Mr. Enzi), the Senator from Tennessee (Mr. Frist), the Senator from Washington (Mr. Gorton), the Senator from Minnesota (Mr. Grams), the Senator from North Carolina (Mr. Helms), the Senator from Oklahoma (Mr. Inhofe), the Senator from Vermont (Mr. Jeffords), the Senator from Arizona (Mr. Kyl), the Senator from Indiana (Mr. Lugar), the Senator from Florida (Mr. Mack), the Senator from Arizona (Mr. McCain), the Senator from Kentucky (Mr. McConnell), the Senator from Alaska (Mr. Murkowski), the Senator from Delaware (Mr. Roth), the Senator from Wyoming (Mr. Thomas) and the Senator from Tennessee (Mr. Thompson), are necessarily absent. I further anounce that, if present and voting, the Senator from North Carolina (Mr. Helms) and the Senator from Montana (Mr. Burns) would each vote ``yea.''

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Missouri (Mr. Bond), the Senator from Montana (Mr. Burns), the Senator from Colorado (Mr. Campbell), the Senator from Minnesota (Mr. Grams), the Senator from North Carolina (Mr. Helms), the Senator from Texas (Mrs. Hutchison), the Senator from Oklahoma (Mr. Inhofe), the Senator from Vermont (Mr. Jeffords), the Senator from Arizona (Mr. Kyl), the Senator from Indiana (Mr. Lugar), the Senator from Arizona (Mr. McCain), the Senator from Kentucky (Mr. McConnell), the Senator from Oklahoma (Mr. Nickles), the Senator from Delaware (Mr. Roth), the Senator from Alabama (Mr. Sessions), the Senator from Wyoming (Mr. Thomas), the Senator from Mississippi (Mr. Cochran), the Senator from Idaho (Mr. Crapo), and the Senator from Washington (Mr. Gorton) are necessarily absent. I further announce that if present and voting, the Senator from Montana (Mr. Burns) and the Senator from North Carolina (Mr. Helms) would each vote ``aye.''

Mr. NICKLES

Mr. NICKLES. Knowing the subject matter that my colleague from Oregon wishes to speak to, I would like to be recognized for 15 minutes, following the Senator from Oregon, to respond.

Mr. NICKLES. Reserving the right to object.

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Montana (Mr. Burns), the Senator from Minnesota (Mr. Grams), the Senator from North Carolina (Mr. Helms), the Senator from Arizona (Mr. McCain), and the Senator from Delaware (Mr. Roth) are necessarily absent. I further announce that, if present and voting, the Senator from Montana (Mr. Burns), and the Senator from North Carolina (Mr. Helms) would each vote ``yea.''

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Missouri (Mr. Ashcroft), the Senator from Montana (Mr. Burns), the Senator from Minnesota (Mr. Grams), the Senator from North Carolina (Mr. Helms), the Senator from Texas (Mrs. Hutchison), the Senator from Arizona (Mr. McCain), the Senator from Delaware (Mr. Roth), and the Senator from Alabama (Mr. Sessions) are necessarily absent. I further announce that if present and voting, the Senator from North Carolina (Mr. Helms) would vote ``yea.''