Nick Rahall

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the majority has adequately explained this measure and we on this side of the aisle support it as well. While we are considering the Senate bill today, it should be noted that the gentleman from Mississippi (Mr. Thompson) has worked diligently to move a House companion measure through the legislative process. The gentleman's efforts on behalf of this park unit, and our entire National Park Service, are to be commended. Mr. Speaker, I yield back the balance of my time.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the chairman has fully explained the bill. We have no problems with it. Mr. Speaker, I yield back the balance of my time.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.

Mr. RAHALL. Mr. Speaker, I yield such time as she may consume to the gentlewoman from the Virgin Islands (Mrs. Christensen).

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 1240 is a package consisting of three free-standing bills which have already been explained. For my part, I would simply note that our colleague, the gentleman from Utah (Mr. Matheson), was the original sponsor of the legislation to provide assistance to the University of Utah, and we appreciate very much the gentleman from Utah (Mr. Hansen) moving this measure forward. I would like to highlight the fact that the text of H.R. 5097, a bill introduced by the gentlewoman from the Virgin Islands (Mrs. Christensen) is include in this measure. This important legislation would expand the boundaries of the Salt River Bay National Historical Park and Ecological Preserve, located on the island of St. Croix in the U.S. Virgin Islands. The people of the U.S. Virgin Islands have a strong and effective advocate in the gentlewoman. It has been my pleasure to work with the gentlewoman on many issues where she has taken a leadership role in advancing the well-being of her constituents and the American public. In particular, I want to commend the gentlewoman for the distinguished work she has done as the ranking member of the Subcommittee on National Parks, Recreation and Public Lands. In that role the gentlewoman has assumed that responsibility not just in this Congress but in many others as well and has taken hold of that responsibility and helped shepherd numerous pieces of legislation that affect the very fabric of this great Nation. Her leadership has made possible the preservation and careful use of many of the natural and historical resources that we are blessed with across this country. Mr. Speaker, I commend the gentleman from Utah (Mr. Hansen) as well, and salute him for his leadership on a number of important issues we will be addressing today. Mr. Speaker, I reserve the balance of my time.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. We in the minority support this bill. It is sponsored by the gentleman from Utah (Mr. Hansen), our committee chairman. He has explained it eloquently. He is a true poet, and I cannot add any more to what he had to say. Mr. Speaker, I yield back the balance of my time.

Mr. RAHALL

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

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, on behalf of West Virginians and Americans as a whole, I want to express our deep appreciation for the flight attendants who provide outstanding service while ensuring public safety for thousands of Americans on a daily basis. In addition, I want to commend our Nation's flight attendants for their acts of heroism. A considerable number of them demonstrated their great courage during the September 11th attacks that occurred almost exactly one year ago today. It should not be overlooked that in the days, weeks, and months following that terrible day, America's flight attendants bravely resumed their duties serving our flying public. This contribution aided the almost immediate restoration of air service, and it provides a profound demonstration of this country's refusal to let the terrorists win. Our flight attendants, and by extension, all of us would not allow a few evildoers to destroy our daily activities and our unique way of life. As we approach the anniversary of September 11th, we must remember the contributions of this group of individuals who have so ably demonstrated their importance to this country and to its citizens. They stand as an example for the brave efforts of all hardworking Americans as we cope with the events and the aftermath of that infamous day.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, as a co-sponsor of House Concurrent Resolution 442, which recognizes the American Road and Transportation Builders 100th Anniversary, ARTBA, I want to publicly commend our Nation's oldest association exclusively representing the transportation construction industry. For a full century, ARTBA has been a strong and successful advocate for federal investment in transportation infrastructure. As the legislation notes, the construction and upkeep of our Nation's roads, bridges, airports, mass transit systems, ports and waterways are the foundation on which America's economy stands and grows. Our transportation network also allows Americans to pursue their constitutional Right to Travel. On behalf of West Virginia, I suggest that as many Americans as possible should exercise their Right to Travel by using available transportation opportunities in order to come to our fine state where they can visit its cities, towns, and scenic vistas. Transportation construction has been vital to West Virginia's improving industrial and communications networks. This, in turn, creates greater job and education opportunities. Recent flood control and community restoration efforts were also made possible by the ability to utilize multiple transportation modes. In addition, transportation construction has greatly improved West Virginians' daily access to much-needed health care services, retirement benefit providers, and the like. Further, as President Dwight Eisenhower clearly understood, our Nation's transportation network provides a critical infrastructure element for national security. In the immediate wake of the September 11th attacks, the strength of our Nation's transportation networks enabled emergency responders from various different areas to get to the crisis areas in New York, Virginia, and Pennsylvania in the most expeditious manner possible. Employing this quick response ability aided our nation in providing much-needed assistance and in coordinating the subsequent recovery efforts. ARTBA's long-standing contributions which enabled such quick response following September 11th, deserve recognition as the association celebrates this milestone. Our Nation owes a clear debt of gratitude and commendation to the ARTBA for their continuing efforts, which have contributed to this country's great infrastructure strength.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, this body, the United States House of Representatives, is housed in a testament to freedom, a symbol of government, a monument of national historical and cultural significance. Throughout the halls of the United States Capitol there are statues of our founders, our heroes, our history. For the past 200 years, legislators have sweat blood and tears debating the laws of our great country. In fact, many would argue the United States Capitol is sacred. But there are many places across this country, no less sacred than the building behind me, that are being desecrated as we speak. It is inconceivable to imagine an oil rig plopped in the middle of the Sistine Chapel. But in fact that is the very problem facing Native American sacred lands today. For example, the proposed site for a 1,600-acre, open-pit gold mine in Indian Pass, California, is a place where ``dream trails'' were woven. The Bush Administration revoked a Clinton-era ruling that said mining operations would cause irreparable harm to these ancestral lands, an extremely sacred place to the Quechan Indian tribe. Now the tribe is left fighting for its religious and cultural history. Long before my ancestors arrived on these shores, American Indians were the first stewards of this land. They respected the earth, water and air. They understood you take only what you need and leave the rest. They demonstrated you do not desecrate that which is sacred. Most Americans understand a reverence for the great Sistine Chapel, or even the United States Capitol. But often non-Indians have difficulty giving that same reverence to a mountain, valley, stream or rock formation. Recently Indian Country attained a victory in Valley of Chiefs, Montana. The oil company which sought to drill in this valley of peace agreed to transfer its oil leases to the National Trust for Historic Preservation. But we cannot fight to preserve Native American sacred lands on a case by case basis. Valley of Chiefs serves as a wake-up call for action, for the pressing need to protect bona fide Native American sacred sites wherever they may lie on the public domain. That is why today I am introducing the Native American Sacred Lands Protection Act. Joining me in the introduction of this legislation are Dale Kildee of Michigan, George Miller of California, Eni Faleomavaega of American Samoa, Frank Pallone of New Jersey, Tom Udall of New Mexico, Brad Carson of Oklahoma, Betty McCollum of Minnesota, Patrick Kennedy of Rhode Island and John Baldacci of Maine. First, the bill would enact into law a 1996 executive order designed to protect sacred lands. Specifically, it ensures access and ceremonial use of sacred lands and mandates all federal land management agencies take the necessary steps to prevent significant damage to sacred lands. Second, our bill gives Indian Tribes the ability to petition the government to place federal lands off-limits to energy leasing or other incompatible developments when they believe those proposed actions would cause significant damage to their sacred lands. This is an extremely important provision. The tribes would no longer have to depend on the good graces of federal bureaucrats to protect these lands. Rather, the tribes themselves could initiate those protections. If you look to our national parks, forests and monuments and you see the commitment to preserve many of our country's natural treasures. The Federal Government has put its full weight behind protecting these lands, and we can do the same for Indian Country. At a time when the Bush Administration is promoting increased energy development, we must enact comprehensive legislation that prohibits the loss of further Native American sacred lands. We must not stand idly by as these unique places are wiped off the face of the earth. We commend this legislation to the House of Representatives.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I am pleased to submit a statement made by Mrs. Faye Thompson of Wayne County, West Virginia before the U.S. Senate Committee on Banking, Housing and Urban Affairs, Subcommittee on Housing and Transportation, on the importance of public transit. Mrs. Thompson is a member of the Wayne County, West Virginia Community Service Organization, Inc. Board of Directors. Public transit is a vital transportation link for people in rural areas, who do not own their own cars, or cannot find someone to drive them to medical appointments, etc. In her testimony, Mrs. Thompson told how she went to work as a social worker for the Department of Health and Human Services after her three sons became old enough to go to school. Mrs. Thompson worked with low- income families and said that ``one of the biggest obstacles of obtaining services was the lack of transportation.'' During those years, Wayne County had no public transportation. At the time, Mrs. Thompson had her own car, and was able to drive anywhere she wanted to go, at any time. Later in life, Mrs. Thompson's husband passed away. Then she was told she needed to have both knees replaced. Her two older sons live out of state, and her youngest son worked full-time, and was unable to drive her to physical therapy sessions. Suddenly, Mrs. Thompson realized she was no longer independent and that she was now one of the people who need public transportation. But unlike the earlier years, when she worked to help low-income families who had no access to public transportation, Wayne County now offered public transportation. As Mrs. Thompson said, ``Thanks to public transportation, I was able to obtain the medical services that I needed.'' Mrs. Thompson was able to look at how tough it was, years ago, for low-income families in Wayne County to be without public transit, and look at how much easier it was for her, while in rehabilitation, to receive physical therapy because she could rely on public transit. Mrs. Thompson noted that ``Wayne X-Press Public Transit System in Wayne, West Virginia provides transportation services to people for medical appointments, to jobs, job interviews, job training, social activities, senior citizen centers, Adult Day treatment programs, general education training, parenting classes, etc.'' She described public transit as ``the lifeline for the public.'' As a Member of Congress representing the Third Congressional District of West Virginia, I have been working to help low-income, rural West Virginians to enhance their quality of life by providing transportation to medical care, educational facilities and jobs. Public transit helps to create and build jobs, which is a boost to the economy. We must maintain and expand public transit programs. When we reauthorize the surface transportation legislation in the 108th Congress, I will work to continue to strengthen and expand public transit programs, to ensure ``the lifeline for the public'' continues. Fort Gay, West Virginia July 16, 2002 United States Senate, Banking, Housing, and Urban Development, Subcommittee on Housing and Transportation, Washington, DC. Mr. Chairman and Committee Members: It is an honor to be with you here today to talk about something that is dear to my heart. First, let me tell you something about myself. My late husband and I raised three sons, and that was an experience in itself. After my children got into school, my husband who was employed by the Norfolk and Western Railroad went to work and I started back to school to become an elementary school teacher in a one room schoolhouse in rural Appalachia, West Virginia. I saw the many challenges of the rural Appalachian people, so I changed careers and became a Social Worker for the Department of Health and Human Resources in rural West Virginia. Throughout my career, I worked with low income families and one of the biggest obstacles of obtaining services was the lack of transportation. At that time there was no public transportation in Wayne County. Throughout my twenty-two years in my career there was always a need for individuals to access, services. Throughout my life I have been a very independent person as you can see, raising a family, starting not just one career but two in my life, and having the priviledge of having my own transportation. Most of us take for granted picking up our car keys, going out of the house, and going anywhere we want to go. Even though I have always recognized the need for rural transportation. I never thought that it would be something that I would need. After my husband passed away, I lived alone in my home. I then downsized to an apartment. I was still able to go to my homemaker meetings, church activities, Board Member meetings, volunteer work, and continued to meet my friends for lunch and social activities. My physician informed me that I was going to have to have both of my knees replaced. He stated that after my surgery and rehabilitation that I would need to go to physical therapy three times a week for several weeks. My two eldest sons both live out of state and my youngest son works full-time, therefore was unable to take me to my therapy sessions. I then realized that I was one of the people who needed transportation. I was no longer independent and this was quite a shock to me. Thanks to Public Transportation I was able to obtain the medical services that I needed. Being a member of Wayne County Community Service Organization, Inc. Board of Directors, I can sit here today in front of you and let you know how important the Public Transit System is to the people. How it enables them to access needed services. Wayne X-Press Public Transit System in Wayne, West Virginia provides transportation services to people for medical appointments, to jobs, job interviews, job training, social activities, senior citizen centers, Adult Day treatment programs, general education training, parenting classes, etc. I'm here today to ask you distinguished ladies and gentlemen to continue funding for Public Transit Systems. Why, because it is the lifeline for the public. So I invite all of you to Wayne County, West Virginia to ``hop aboard'' the Wayne X-Press. Faye Thompson

Mr. RAHALL

Mr. RAHALL. Mr. Chairman, will the gentleman yield?

Mr. RAHALL. Mr. Chairman, reserving the right to object, we have a number of requests on this side of the aisle for time.

Mr. RAHALL. Mr. Chairman, I thank the gentleman from Arizona for yielding time. I commend him on his effort here today and his leadership, as well as the gentleman from Michigan (Mr. Kildee). Mr. Chairman, I rise to support the amendment to strike the provision which authorizes the establishment of the Commission on Native American Policy to study Indian Country. This provision sets up a fiscally irresponsible study which is underfunded, far-reaching and duplicative of numerous other Federal studies. As the ranking Democratic member of the Committee on Resources, I do oppose the way this commission is being forced down the throats of Indian Country. Clearly, authorizing a study of this magnitude and the value of such a study is the jurisdiction of the Committee on Resources. Yet we have not had the opportunity to study or hold hearings on this matter at all. This language has not been publicly vetted and Indian tribes have not been permitted to participate in crafting this provision. So we should not be surprised that the commission and its study is set up to fail. It is simply wrong to set this up without allowing for open consultation with Indian tribes. Funding for this commission is set so low that it would virtually guarantee a flawed study being conducted. In addition, these moneys would be taken from Federal Indian programs where they are badly needed for housing, transportation, welfare assistance, tribal courts and law enforcement. As we have heard, Mr. Chairman, since 1980 more than 70 federally funded reports have been released addressing the same areas that this commission would study. Most of those reports were well thought out, narrow in scope and appropriately funded to assure accurate and comprehensive findings. Sadly, that is not the case with this commission. It is clear, and nobody is being misled here, that the Committee on Appropriations can establish this commission and with the support of the Committee on Rules and the leadership of this House, we are at a severe disadvantage in trying to delete the provision, make no mistake about it. But just because the appropriators can do it to Indian Country does not mean that the appropriators should do it to Indian Country. If you want to spend money and set up a flawed study, do not do it out of the paltry Indian program budget. I urge my colleagues to support the Hayworth amendment to strike the Commission on Native American Policy from this bill and once again to be fair to our Native American Indians.

Mr. RAHALL. Mr. Chairman, will the gentleman yield?

Mr. RAHALL. Mr. Chairman, I appreciate the gentleman yielding. Even if we were to adopt this arbitrary cutoff date of 1985, from 1985 on, we cannot even get a proper accounting. Mr. Tommy Thompson, one of the special trustees before our committee, testified as such when he said that we cannot get a grasp of the short-term leases that have been recorded post-1985. So we still have an accounting nightmare out there in which we cannot track everything.

Mr. RAHALL. Mr. Chairman, I withdraw my reservation of objection.

Mr. RAHALL. Mr. Chairman, I yield 5 minutes to the distinguished gentleman from California (Mr. George Miller).

Mr. RAHALL. Mr. Chairman, I perfectly agree with the statements that have been said. We want to settle this. We want a settlement. Let us allow the current litigation to go forward or get a settlement.

Mr. RAHALL. Mr. Chairman, I begin by commending the gentleman from New Mexico (Mr. Skeen), the chairman of the Subcommittee on the Interior. He has brought a very sound bill to the floor. I commend the gentleman for his leadership and salute him upon his retirement from this body. I salute, as well, the ranking minority member, the gentleman from Washington (Mr. Dicks), who I understand may oppose this amendment, but has been very courteous to me in allowing this amendment to proceed. I offer this amendment with the gentleman from Michigan (Mr. Kildee). It is my understanding the gentleman from Arizona (Mr. Hayworth) on the majority side has a keen interest in this matter and may want to speak as well. Mr. Chairman, I did vote against the rule governing debate on this measure because it waived all points of order against the bill on matters which constitute an authorization on an appropriation measure with the exception of an issue relating to the Everglades. In this regard, I am particularly concerned with one authorizing provision in particular that is so unfair, so callous in my view that since it was protected from a point of order under the rule, it has prompted me to offer this amendment. This provision is nothing more and nothing less than a gag order on thousands of American Indians who are seeking a proper accounting from the Federal Government of royalties that are owed to them. It is a most repressive provision. Simply stated, this provision in the bill prohibits the government from accounting for amounts owed to more than 300,000 Indians prior to 1985. It is unfortunate, but true, that through both Democrat and Republican administrations, the Department of the Interior has acted like the Enron of Federal agencies when it comes to managing Indian trust assets. Over the years, countless investigative reports by the Congress, the GAO, the Inspector General, and others have been issued on the failure of the Department of the Interior to properly account for and manage Indian trust funds. This matter is in litigation and the contention is that the Department of the Interior has squandered more than $10 billion in royalties owed to these individuals. Compared to this scandal, the Teapot Dome scandal was chump change. But rather than allowing the litigation to go forward, rather than allowing for a full and proper accounting of these trust fund accounts, H.R. 5093 places an arbitrary cutoff date of 1985. That would be like telling Americans who have placed money in a savings account all of their adult lives and have proper records that we will have the bank tell the investor what is in their account regardless of what the investor's records show. If the investor's records show an investment of $100,000 in the bank, but the bank says they have only $50,000, then the bank figure would stand, and there is no recourse. That is what this provision in H.R. 5093 says to these American citizens. They are our first Americans. They have died in our wars. They have invested and contributed to our society. And today they are being treated with the most callous disregard, no better than the heads of Enron and WorldCom treated their investors. Mr. Chairman, I ask for adoption of this amendment. I ask that my colleagues in support be recognized as well. Request to Limit Debate

Mr. RAHALL. Mr. Chairman, I offer an amendment.

Mr. RAHALL. Mr. Chairman, I appreciate the gentleman for yielding and, certainly, as I said in my opening comments, this is something that has gone on through a Republican and Democrat administration. I would agree with the gentleman that it is very hard to get an historical accounting, a true accounting of these monies that are owed, and the Interior Department said that in our Committee on Resources during our hearings on this issue. They said that on numerous occasions. But I think what we must recognize is that this issue is in litigation at the current time, as the gentleman has noted, and as we are all very much aware. That litigation should be allowed to proceed. I would fear, by the language in the pending bill, that we are prejudging the outcome of that litigation, and that is my concern.

Mr. RAHALL. Mr. Chairman, will the gentleman yield?

Mr. RAHALL. Mr. Chairman, reserving the right to object, is the request that the limit be 30 minutes equally divided between the opponents of the amendment and the proponent, myself? Fifteen minutes each side, is that the request?

Mr. RAHALL

Mr. RAHALL. Mr. Chairman, I thank the gentlewoman from California for yielding me this time, and I certainly want to commend her for her excellent leadership on this issue, an issue that is dear and near to her State and to her people. She has been a true fighter on this most important matter. Mr. Chairman, many of us concerned with the impacts of Federal oil and gas leasing sought to overlook the politics of the issue when President Bush, as a favor to his brother Jeb, recently announced the buyback of certain oil and gas leases in Florida. These were highly controversial leases and their development threatened parts of Florida's coastline and efforts to restore the Everglades. Moreover, there have been similar settlements in the past, although they were prompted by congressional action in the case of OCS leases off the coast of North Carolina and in Bristol Bay, Alaska. So initially we sought to overlook the fact that the President's brother was up for reelection as Governor of Florida and that the buyback of these leases would help his candidacy as well as the President's own fortunes in the State of Florida. And we sought to ignore it as well because the buyback was the right thing to do. I would say to my colleagues that we were not allowed to overlook the politics for too long. I say this because the Governor of California also asked for the same consideration for 36 highly controversial OCS leases off the coast of that State. These are undeveloped leases, several of which are over 3 decades old. Yet the Secretary of the Interior, Gale Norton, denied that request. She stated, and it is quoted here in this editorial, ``A major difference between Florida and California is that Florida opposes coastal drilling and California does not.'' As this editorial states, ``What alternative universe is Ms. Norton living in?'' Even a person of my generation, born and raised in the southern coal fields of Beckley, West Virginia, knows that the very genesis of the campaign to limit offshore oil and gas drilling was in that State of California. We are offering this amendment today to say thank you, President Bush, for what you did in Florida. Thank you very much, Mr. President. But the interests of all Americans should compel you to do the same thing in the State of California. There are resources at stake here that have national significance. The OCS oil and gas leases in question are adjacent to the Channel Islands National Park which encompasses 250,000 acres over five islands. The park is of international significance, having been designated a Biosphere Reserve by the United Nations in 1976. Further, this area is also part of a national marine sanctuary. Clearly oil and gas development is not compatible with these national preservation designations. This amendment is premised on seeking equity for all parties involved, for the people of southern California who want to protect their shoreline and their economy; equity for the American people as a whole who have a vested interest in the integrity of units of the national park system such as the Channel Islands; and equity for the holders of 36 OCS leases themselves who are left holding the bag with these stranded investments in some cases for 3 decades now. In my view, in conclusion, Mr. Chairman, it is time to come to grips with this controversy, to own up to the fact that these 36 leases will probably never be developed, and to work out a sensible solution. I urge the House to adopt the pending amendment.