Don Nickles

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES

Mr. NICKLES. Mr. President, the announcement the majority leader just made that our friend and colleague, Paul Coverdell, passed away at 6:10 p.m. today is a very sad statement. Paul Coverdell was an outstanding Senator from the State of Georgia. This is Georgia's loss, but it is also a loss for all of our country. I join with my colleagues in expressing our sympathy to Nancy Coverdell, to the Coverdell family, to all the friends and associates of Paul Coverdell, for he was truly an outstanding Senator. He served this body with great distinction, with great humor and leadership. Frankly, he was a leader in everything he did, certainly in the Peace Corps and his service in the Senate. He will truly be missed, not just by Georgians but, frankly, by all Americans.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

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

Mr. NICKLES

Mr. NICKLES. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. NICKLES. Mr. President, this amendment would basically say there would be no new national monuments unless authorized by an act of Congress. Under the Antiquities Act, this administration just this year declared 2 million acres to be national monuments. I happen to be a fan of national monuments, but I think we should have local input. We should have the Governors say whether or not they are for it. We should have local communities testify before Congress. We should have some input. Right now, that is not happening. Prior to the last election, the President stood at the Grand Canyon and declared 1.7 million acres in Utah a national monument. This year, he declared 2 million acres. In contrast, that compares to 86,000 acres by Presidents Nixon, Ford, Reagan, and Bush. President Johnson declared 344,000. This President has already declared 2 million acres this year. I think Congress should have some input. We should authorize it by an act of Congress.

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES

Mr. NICKLES. Mr. President, this amendment that my colleague from Iowa has offered amends the Fair Labor Standards Act but it has never had a hearing before the Labor Committee. It has never been marked up by the Labor Committee. It is legislation that would make the trial lawyers very happy because it authorizes unlimited punitive and compensatory damages for discrimination cases brought under the Equal Pay Act. In fact, it would authorize remedies not available in any title VII discrimination case or Americans with Disabilities Act case because damages under those statutes are capped. It would also make it easier for trial lawyers to create class action lawsuits. It is bad legislation and it does not belong on this bill. I encourage my colleagues to support the point of order and reject the amendment. Mr. President, I make a point of order that the amendment offered by my colleague from Iowa is not germane to the underlying bill and would, therefore, result in a section 305(b)(2) point of order under the Budget Act. I, therefore, raise a point of order against the amendment pursuant to section 305(b)(2) of the Congressional Budget Act of 1974.

Mr. NICKLES. I announce that the Senator from Arkansas (Mr. Hutchinson) is necessarily absent. I further announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES. I announce that the Senator from Oklahoma (Mr. Inhofe), the Senator from Arkansas (Mr. Hutchinson), and the Senator from Texas (Mrs. Hutchison) are necessarily absent. I further announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness. I further announce that, if present and voting, the Senator from Oklahoma (Mr. Inhofe) would vote ``no.''

Mr. NICKLES. I announce that the Senator from Arkansas (Mr. Hutchinson), is necessarily absent. I further announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES. I announce that the Senator from Oklahoma (Mr. Inhofe), the Senator from Arkansas (Mr. Hutchinson), the Senator from Texas (Mrs. Hutchison) and the Senator from Virginia (Mr. Warner), are necessarily absent. I further announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness. I further announce that, if present and voting, the Senator from Oklahoma (Mr. Inhofe), would vote ``no.''

Mr. NICKLES. Mr. President, I look at my colleague's amendment, and he says for health care we will make it a tax credit. That means it is more valuable than wages; that means it is more valuable than any other expenditure for an employer. We passed several tax provisions to encourage employers and individuals to buy health care. We passed that with the Patients' Bill of Rights. We passed it with minimum wage. The amendment of my colleague from Illinois, in my opinion, is misdirected and very expensive. We have not had a hearing in the Finance Committee. I think it happens to be bad policy. It says for this type of expenditure, it is more important than any other that an employer would make. I make a budget point of order under section 305 that it is in violation of the Budget Act.

Mr. NICKLES. I announce that the Senator from Oklahoma (Mr. Inhofe), the Senator from Arkansas (Mr. Hutchinson), the Senator from Texas (Mrs. Hutchison), and the Senator from Virginia (Mr. Warner) are necessarily absent. I further announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness. I further announce that if present and voting, the Senator from Oklahoma (Mr. Inhofe) would vote ``yes.''

Mr. NICKLES. I announce that the Senator from Georgia (Mr. Coverdell) is absent due to illness.

Mr. NICKLES

Mr. NICKLES. I thank my colleague, Mr. President. I know the chairman of the subcommittee wants to address this and perhaps other issues. One other comment: The President did this first in September of 1996 prior to the election. I know my colleague from Nevada might remember this because he did it with a press conference overlooking the Grand Canyon, talking about the addition of a new national monument, except the monument he was talking about was not in Arizona, not in the Grand Canyon; it was actually in Utah. It was the Grand Staircase National Monument, 1.7 million acres. It happened to have billions of dollars of raw materials. Interestingly enough, the Utah Governor was not consulted. The Utah congressional delegation was not consulted. People in the community were not consulted. We had a massive land grab, power mineral grab--you name it--by the President of the United States for a photo op for election purposes that, in my opinion, may have been granted but needed congressional input and authorization. That is the purpose of the amendment, to make sure this type of thing does not continue without at least some input from other local officials. I yield the floor.

Mr. NICKLES. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. NICKLES. Mr. President, this amendment basically says: Notwithstanding any other provision of law, no funds shall be used to establish or expand a national monument under the act of June 8, 1906, the Antiquities Act, after July 17, 2000, except by an Act of Congress. What I am trying to do is to make sure we don't have additional national monuments declared by this administration without some congressional input. I will insert a copy of the Antiquities Act for the Record. It was passed in 1906. The Antiquities Act states: 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 or 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. That is the Antiquities Act. This administration, particularly this year, has added millions of acres under the designation of national monuments without congressional authorization or approval, without consent of Governors, without consent of local entities. I am saying there is another process. I happen to serve on the Energy Committee with Chairman Murkowski and others. We pass land bills all the time. I urge the President, if he wants to pass or declare something a national monument, send it to Congress. We are happy to look at it. We are happy to pass it. This is a committee that works in a bipartisan fashion. We pass land bills all the time. This week we are supposed to mark up 17. We do that in a bipartisan fashion. I also will include for the Record a comparison of lands that have been added as national monuments during all the Presidents. This Antiquities Act passed under Theodore Roosevelt in 1906. It is interesting to note, Theodore Roosevelt, who was quite the conservationist, made some very significant additions to the national monuments, the total acreage of which was 1.5 million acres. President Clinton has done more than that this year alone. As a matter of fact, President Clinton has already designated 3.7 million acres. He has done more than any other President of the United States, with the exception of President Carter, who added a lot of land in the State of Alaska. It is also interesting to note that the State of Alaska Senators had amended the Antiquities Act to say no lands should be made into a national monument that exceeds 5,000 acres unless there is an act of Congress. That doesn't apply to the rest of the country. This administration, while they had designated 1.7 million acres in the first 7 years, in this year, since January, has already declared 2 million acres a national monument. There is some talk that there are additional monuments in the works. If there are, great. If this amendment passes-- I hope and expect that it will--I am sure Congress will be happy to receive the request from the President. We will review it. We will consider it. We will have hearings. We will go through the legislative process. We will hear from the Governors. We will hear from local entities. We will make a decision, as the process should be. I believe the President's actions, particularly this year, have greatly exceeded what is called for in the Antiquities Act. Again, in the Antiquities Act, it says, that the area: . . . in all cases should be confined to the smallest area compatible with the proper care and management of the objects to be protected. We should abide by this law. When the President has added 2 million acres this year alone, I don't believe he is in compliance with it. I think Congress has a legitimate role. If not, are we going to allow the President to declare wilderness areas, millions of acres? My point is, I may well agree with the President on every single designation he has made, but the process needs congressional authorization. It needs congressional input; it needs congressional hearings. It needs input from local officials and people who are directly impacted. I hope our colleagues will support this amendment. I appreciate the leadership of my friend and colleague, Senator Gorton of Washington, and also Senator Byrd. I used to chair the subcommittee. It is a challenging subcommittee, one which the Senator from Washington and the Senator from West Virginia have handled with a great deal of professionalism and expertise. I compliment them on their efforts. I urge our colleagues to supports this amendment. I ask unanimous consent to print in the Record a list of Presidents and what they have added to the national monuments under the Antiquities Act.

Mr. NICKLES. Mr. President, I ask unanimous consent to set aside the pending amendment, and I send an amendment to the desk.

Mr. NICKLES. I mentioned all of the Presidents. President Clinton has greatly exceeded the amount of new additions compared to any President, with the one exception of President Carter. To give a comparison, President Ford added 86 acres in national monuments in his tenure as President. President Reagan and President Bush added zero. Teddy Roosevelt added 1.5 million acres; William Taft, 32,000 acres. I could go on down the list. My point is, the amount President Clinton has added this year alone exceeds what almost any other President has done. I ask unanimous consent to print in the Record a copy of the Antiquities Act.

Mr. NICKLES. I am happy to yield.