Message #204:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Preservation On-Line News Volume 1 Number 1
Date: Wed, 19 Jun 96 08:52:00 MST
Encoding: 445 TEXT

[SASIG Ed. Note: Preservation On-Line News re-posted in it's entirety. 
 Subscription information is provided below. ]

Brian--I didn't know whether you'd want to re-post this in its entirety or 
simply announce its availability.  As you'll see, we get lots of "behind the 
scenes" information that isn't available elsewhere.   At any rate, you send 
me so many interesting items, I thought I'd return the favor! Best -- 

Vol. 1 Number 1 - Tuesday, June 18, 1996
CEHP Incorporated, Washington, D.C.
Fax: (202)293-1782

Welcome to Preservation On-Line News!

This weekly on-line news service will bring you the most current information 
on what is happening in the Congress and the Administration relating to 
environmental conservation and historic preservation. We generally will not 
cover pollution issues, as many other printed and on-line services provide 
that type of information.

Our weekly reports will be sent to subscribers by e-mail, usually by 2 p.m. 
on Mondays, with occasional updates or special alerts during the week. (This 
week, in order to report on the outlook for the rule and potential 
amendments to the Interior Appropriations -- set to go to the House floor on 
Wednesday, we waited until Tuesday.) Some weeks the news will be longer than 
others, depending on what is occurring and how much background information 
is needed to provide context.

One caveat, however. The material is copyrighted. Whether you are a 
subscriber or receive this as a sample copy, you may download and print out 
only one copy of the report for your personal use. It may NOT be further 
reproduced or distributed to other organizations or individuals without 
CEHP's written permission.  You may, however, make "fair use" of the weekly 
news or special reports and may rewrite or paraphrase and distribute 
information contained in them. Credit CEHP Incorporated.

Last but not least, I want to acknowledge the hard work of CEHP's staff, 
Kathleen Schamel, Paul Hallam and Mike Zisa.  If you have any suggestions 
for improvements (or hot tips that we should follow up on!) please don't 
hesitate to let us know.

Loretta Neumann
President, CEHP Incorporated

P.S. If you have not received our yellow flyer announcing this new service 
 and are interested in subscribing, just send me an e-mail message and we 
will send it to you by "snail mail" or by e-mail if you prefer.


In This Issue

### WHAT'S HOT ###
  *Interior Appropriations Goes to House Floor
  *Grazing On the Presidio?

  *Takings/Property Rights
  *Agriculture Appropriations Bill Heads to Senate
  *Advisory Council for Historic Preservation Reauthorization
  *Committee Mark Ups
  *Appropriations and Authorization Hearings on ISTEA

  *Land & Water Conservation Fund Bill Introduced
  *Agencies to Implement Executive Order on Indian Sacred Sites

                                    WHAT'S HOT


        The House of Representatives is expected to bring the $12 billion 
Interior & Related Agencies fiscal year 1997 appropriations bill to the 
floor on Wednesday, June 19. The House Rules Committee met today on the 
legislation. Among other things, they approved a rule for the bill that will 
protect agencies such as the Advisory Council on Historic Preservation and 
National Endowments for the Arts and Humanities, and Bureau of Land 
Management that lack authorizations for their programs. (Without such a 
rule, the programs would be subject to "points of order" on the floor to 
strike their funding altogether.)

        The Rule, which requires a separate vote, is expected to come up at 
10:30 in the morning. Then, after the House votes on two bills that were 
held over from Monday, the Interior appropriations should begin at 
approximately 12:30 p.m.  It could continue all day and into the evening, 
according to one congressional staffer who is working on the bill. "We'll 
work until we get finished."

        The conservation and preservation accounts did well in the bill this 
year. Most are receiving at least level funding compared to 1996. However, 
the Department of Energy's research and energy conservation budgets took 
major cuts totaling $109 million.  Land acquisition and construction funds 
were also cut.

        Two legislative "riders" were inserted in the bill by the full 
Appropriations Committee:

        *  An exemption for an area in California, primarily owned by 
Pacific Lumber, from protection for the marbled murrelet, an
endangered species; and
        *  An exemption (identical to the one contained in the 1996 
appropriations bill) for Mount Graham in Arizona from environmental
 and cultural laws to build a telescope.

        Many amendments are expected when the bill comes to the House floor, 
including the following tentative ones by:

        *Rep. George Miller (D-CA), to transfer $10 million from taxpayer 
subsidies for energy companies to re-fund the Urban Parks and  Recreation 
Recovery program in the National Park Service.

        *Rep. Sam Farr (D-CA)  to increase the Land and Water Conservation 
Fund by $135 million.

        *Rep. Sidney Yates (D-IL), to repeal language that protects salvage 
timber sales from legal challenge.

        *Rep. David Skaggs (D-CO), to add $8 million back to energy 
conservation programs--$4 million of which will come from the Minerals 
Management Service's OCS leasing program and $4 million from DOE's fossil 
energy research programs.

        *Rep. Joe Kennedy (D-NY)  to save $48 million by eliminating 
 funding for new timber roads on national forests.

        *Reps. John Porter (R-IL) and Elizabeth Furse (D-OR) to halt the 
"Timber Clearcut Rider" now in effect;

        *Rep. Norm Dicks (D-WA)  to strike the bill's provision that 
prohibits designation of critical habitat for the marbled murrelet in 

        *Rep. Eni Faleomavega (D-AS)  to strike the Mt. Graham telescope 

        *Rep.  Ernest  Istook (R-OK), to require Indian reservations to 
collect certain state sales taxes.

        Following is a brief summary of the Interior's funding levels for 
selected environmental conservation and historic preservation:

        * Fish and Wildlife Service - The bill funds FWS at $625 million for 
fiscal year 1997. This is $18.1 million more than fiscal year 1996. The 
$17.9 million increase in resource management programs includes $18.1 
million for endangered species and $30 million for the Land and Water 
Conservation Fund (LWCF).

        * Forest Service - Although the overall bill sets funding at $32 
million below the fiscal 1996 level, some funding increased:  Forest Health 
programs, a $18.5 million increase. The bill provides $30 million for the 

        *Bureau of Land Management Operations - $11 million increase over 
1996 including $1 million increase in wilderness, $1.6 million  increase in 
recreation, $2.2 million increase in rangeland management, and $10 million 
total for the LWCF.

        * National Park Service - $47 million increase for a total of $1.1 
billion for operations and $30 million for the LWCF.  The House 
Appropriations Committee report included language deleting the $1.373 
million requested by NPS for heritage partnership programs.


        * Historic Preservation Fund: $36.212 million with direction that 
the allocations would be at the same level as appropriated in 1996: $29.4 
million for state historic preservation offices, $1.9 million for tribes, 
$1.4 million for historically black colleges, $3.5 million for the National 
Trust for Historic Preservation. The Committee Report directs the National 
Trust to become completely self-supporting by 1999.

        *  Advisory Council on Historic Preservation: $2.5 million, same as 
1996.  The Committee recommended that the Council aggressively pursue 
private funding to support technical development and training. It said that 
the Committee will "recommend adjustments" to the $2.5 million level 
"depending on the authorizing committee action." [Note: sources indicate 
that the House Resources Committee wanted to make the funding "subject to" 
passage of legislation to reauthorize the Council, but Interior 
Appropriations Subcommittee Chairman Ralph Regula refused.]

        *  Bureau of Land Management: $12.059 million, the same as the 
administration's request and $1 million more than the fiscal 1996

        *  Forest Service heritage program $14.570 million, an increase of 
$500,000 over the administration's request and over 1996 appropriations.


        House and Senate Republican Committee staff have been meeting over 
the past couple of weeks to iron out the differences on H.R. 1296, the bill 
to create a "Presidio Trust" to oversee management of the Presidio, a former 
Army post that is now part of the Golden Gate National Recreation Area in 
San Francisco. AS it passed the Senate May 1, the bill now contains a host 
of other park-related legislation, and has been dubbed the "omnibus parks 
bill."  Rep. James Hansen (R-UT), chairman of the House Parks Subcommittee, 
wants to attach to it controversial legislation relating to grazing on the 
public lands.

        House Democrats insist that inclusion of the grazing bill will 
practically guarantee a Presidential veto.  Interior Secretary Bruce Babbitt 
and Agriculture Secretary Dan Glickman sent a letter to Chairman Hansen 
stating that they would recommend that the President veto the grazing bill, 
whether offered as stand-alone legislation or as part of the omnibus 
package. The grazing bill, S.1549 (formally titled the Public Rangelands 
Management Act) would place BLM and Forest Service grazing lands under the 
jurisdiction of one law, remove the National Grasslands from the National 
Forest System, and extend grazing permits from 10 to 12 years.  It would 
 increase grazing fees 30% and extend permits from 10 years to 12.

        Other legislation may also be attached to the omnibus bill, such as 
purchase of the Sterling Forest in New Jersey and S.1371, to direct the 
Forest Service to trade 1,320 acres of land to Snowbasin ski resort in Utah.

        A greatly revised heritage areas bill may also be added to the bill. 
The House Resources Subcommittee on National Parks had been stalling on H.R. 
3305, legislation by Rep. Joel Hefley (R-CO) to establish a national 
heritage area program administered through the National Park Service. Mark 
ups on the bill have been postponed several times. Property rights advocates 
have targeted the bill, amassing a coalition against it that includes U.S. 
Chamber of Commerce, National Grange, League of Private Property Voters, 
Independent Miners Association, etc. Even supporters of heritage areas don't 
like H.R. 3305, since they feel it would set a bad precedent for other NPS 
preservation programs by allowing property owners to "opt in/opt out" of a 
heritage area.  Meanwhile, individual bills that would congressionally 
designate a number of new heritage areas (about a half a dozen are in 
existence already) have also been stalled, waiting action on the national 
bill. It now appears most likely that at least several individual heritage 
areas may get included in the final Conference Committee package, which may 
finally get unveiled later this week.

                             WHAT'S SIMMERING


        Officially, sources in the office of Majority Leader Sen. Trent Lott 
(R-MS) report that S.605, former Sen. Bob Dole's omnibus property rights 
act, is not on the Senate schedule "at this time." According to 
environmentalists, Senator Lott promised the conservative "Fly In For 
Freedom" delegates who are meeting in Washington this week, a vote on some 
form of takings legislation, probably S. 605, during this Congress. Lott's 
office tells our sources that they hope for a vote in July.  Senate 
Democratic  staff say they "do not even have a clue" when the bill might 
come up.

        S. 605 requires payments to property owners for a variety of 
regulatory actions and detailed assessments of the effects of federal rules 
on private property rights. A version passed the House last year (H.R.9, 
incorporated into H.R. 925). Although considered highly controversial by 
both state and federal legislators, S.305 has 33 cosponsors. Nevertheless, 
Democrats feel they have enough votes to sustain a filibuster should the 
bill come to the floor. Environmentalists strongly oppose it and President 
Clinton has vowed to veto it.


        Senate Agriculture Appropriations Subcommittee staff say that Senate 
action will likely occur within the next two weeks on H.R. 3603, the fiscal 
year 1997 Department of Agriculture. The bill passed the House on Wednesday, 
June 12. The bill includes $73 million more in budget authority because of a 
higher budget allocation.  The increase restores the Environmental Quality 
Incentives Program that provides technical assistance to farmers in managing 
soil and water; funds for the Conservation Farm Option that consolidates 
conservation program payments; and maintains the Conservation Reserve 
Program that takes fragile farmland out of intense cultivation.


        The House Resources Subcommittee on National Parks staff report that 
H.R. 3031, to reauthorize funding for the Advisory Council on Historic 
Preservation (ACHP), is not on their schedule right now although they hope 
to move on it "soon."  The Council is an independent agency that directs the 
process under Section 106 of the National Historic Preservation Act to 
consider the effects of federal undertakings on historic properties. The 
Council's current authorization expires this year.

        An attempt to mark up the bill a couple of weeks ago ended 
acrimoniously when the subcommittee's chairman, Rep. James Hansen 
(R-UT),complained, that the Democrats were not being cooperative. H.R. 3031, 
which Hansen introduced at the request of the Administration, would 
reauthorize the Council at $5 million annually through the year 2002. For 
the markup, Hansen's staff had drafted a new version to limit funding to 2.1 
million annually for two years, a level that is BELOW the amount ($2.5 
million) that the Council now receives. The draft does make some technical 
changes in the Council's authorities that the ACHP itself sought, such as 
allowing funds to carry over from one year to the next.  It is unclear 
whether Hansen will try to offer this version again or make other changes in 
the bill.

        Meanwhile, Senate Energy Committee Chairman Frank Murkowski (R-AK) 
introduced a reauthorization bill, S.1808, on May 23.  It would provide up 
to $5 million per year for the Council through 2002.  In his floor 
statement, the chairman said "I believe the Advisory Council can and should 
serve as a solution to resolving conflicts between a sometimes over-reaching 
bureaucracy and the individual property owner."  Joining on the bill is Sen. 
Bennett Johnston (D-LA), the committee's ranking minority member, Sen. Ben 
Nighthorse Campbell (R-CO), the chairman of the parks subcommittee and 
ranking subcommittee member. Senate Energy Committee staff said "nothing is 
on the schedule yet" for S. 1808, but they are looking at various vehicles 
to push the bill through quickly including, it is rumored, the Presidio 
bill. The issue could turn out to be "contentious," another staffer 
commented. A hearing is in the offing, most  likely in mid July.


HOUSE: The House Resources Committee will mark up a series of land 
management bills on Wednesday June 19. These are mostly non-controversial 
including. Most relevant to environmental conservation and preservation 
interests is H.R. 3290, by Rep. Wes Cooley (R-OR) to reauthorize 
appropriations for the Bureau of Land Management for each of the fiscal 
years 1997 through 2002.  BLM staff say that they support H.R. 3290.  "We 
have been operating 16 years without funding and want a clean and 
unencumbered version."  An earlier version, H.R. 1077 by Rep. James Hansen 
(R-UT), became bogged down in efforts to overhaul agency authorities.

        Other bills include H. R. 2941, by Rep. Joel Hefley (R-CO), to make 
rental housing available to federal field employees and H.R. 401, by Rep. 
Don Young (R-AK), to exchange specific lands in Alaska between the United 
States and the Kenai Natives Association, Inc.

SENATE: The Senate Energy and Natural Resources Committee meets June 19 to 
markup a series of public lands bills. Most are non-controversial except for 
S. 391, the Forest Health Act by Sen. Larry Craig (R-ID). Democrats have 
been trying to work out a compromise that would repeal timber salvage 
provisions and protect roadless areas, wilderness, wild and scenic rivers, 
and national recreation areas. Environmentalists oppose Craig's bill. Among 
other things it requires expedited compliance with the National 
Environmental Policy Act, and allows companies who pay for certain forest 
activities to receive "forest health credits."

        Another potentially controversial bill is H.R. 1091, by Rep. Thomas 
Bliley (R-VA), the Virginia National Parks Act. It would modify boundaries 
of the Richmond and Shenandoah National Parks and  create the Shenandoah 
Valley Battlefields National Historic Park. The National Park Service has 
expressed its concern about the bill claiming that management of the new, 
non-contiguous park would be very difficult.

        The Committee is also expected to mark up S.1844 by Sen. Frank 
Murkowski (R-AK) to amend the Land and Water Conservation Fund Act and allow 
for a study to improve water recreation on man-made lakes. Although the 
 committee staff report that the Administration and public witness supported 
the bill at the June 13 hearing, some environmentalist have expressed 
concern that the bill is decidedly slanted to the recreation industry. The 
study commission does not include any environmental or user groups.

        The Committee may also take up S. 1703, by Sen. Frank Murkowski 
(R-AK), to allow the National Park Foundation's to authorize use of 
trademarks, signs, symbols, and logos, that advertise an individual, company 
or service as a sponsor of the of National Park System. Staff estimate that 
this will generate as much as $100 million annually from the private sector 
to support national parks.  The Energy Committee held a hearing on June 6. 
 The National Parks and Conservation Association testified and expressed its 
concern that the bill is over broad and lacks specifics.  They urge that the 
effort should in no way compromise the integrity of the parks.

        Other bills on the agenda for mark up include:

        H.R. 238, by Rep. Bill Emerson (R-MO), to protect wild horses in the 
Ozark National Scenic River way and  S. 1174, by Sen. Judd Gregg (R-NH), to 
designate 11.5 miles of the Lamprey River in New Hampshire as wild and 

        * S. 1225, by Sen. Jim Jeffords (R-VT), to create the Champlain 
Valley Heritage Corridors Inventory Act and S. 1226, also by Sen. Jeffords, 
the Revolutionary War and War of 1812 Historic Preservation Study Act.


        The House Full Transportation committee will take up fiscal year 
1997 bill on Wednesday June 19.  The Subcommittee on Surface Transportation 
and Infrastructure agreed to provide $36.7 billion for all Department of 
Transportation (DOT) programs with most being funded at fiscal year 1996 
levels.  The ISTEA (Intermodal Surface Transportation Efficiency Act) grants 
funding is apportioned to each state which then is responsible for 
allocating the money to the various ISTEA enhancement categories including 
historical preservation, archaeology, bicycle and pedestrian facilities, 
scenic and historic highways, landscaping, billboard removal and highway 
runoff mitigation.  The Senate plans to take it up in July. Conference is 
not expected before the summer recess.

                       WHAT'S BREWING


        On June 12, Rep. Tom Campbell (R-CA) introduced H.R.3619 to remove 
the Water and Land Conservation Fund from the budget.  Campbell's 
legislative assistant explained that every year up to $900 million goes to 
the fund, but only a small percentage is used.  The remaining funds go to 
other programs.  By removing the fund from the budget, the entire fund would 
be spent on land and  water conservation programs.  The bill was referred to 
the Budget and Government Reform and Oversight Committees.

        National Park Service staff report that they are strategizing on how 
to implement Executive Order 13007, Indian Sacred Sites. The Executive 
Order, which the President signed May 21, directs federal agencies to 
accommodate access to and ceremonial use of sacred sites by Indian religious 
practitioners and to avoid adversely affecting the physical integrity of 
such sites. Agencies are directed to develop procedures and report to the 
President in one year.

        The Park Service's American Indian Liaison Office and Archeology and 
Ethnology Division plan to look at the EO over the summer and to work with 
other Interior agencies such as BLM and the Fish and Wildlife Service to 
decide the time table and tasks associated with the directive.  The Office 
of the Assistant Secretary for Indian Affairs will probably be given 
official direction from the Secretary to implement the order; in the 
meantime the various agencies will go ahead and scope out what must be done 
and who will do it.  The BLM has requested a briefing by the Interior 
Solicitor's office, but it has not yet been scheduled.

                         # # #
Prepared by CEHP Incorporated for our  Preservation On-Line News (PONS) 
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they will not reproduce or post  weekly or special reports on paper or 
 electronically on any computer network,  homepage or bulletin board 
accessible by any  other entity or individual. Subscribers may, however, 
make "fair use" of the weekly news or special reports and may rewrite or 
paraphrase and distribute information contained in them.   Credit CEHP