CONGRESS AND THE ENVIRONMENT:
President Clinton and Vice President Gore Urge an End to
Anti-Environmental Riders
President Clinton and Vice President Gore are calling on Congress to
honor both the environment and the legislative process by renouncing the
use of anti-environmental riders. Repeatedly, the 105th Congress has
attempted to roll back environmental protections by attaching riders to
unrelated bills. The President and Vice President are declaring that they
will not tolerate stealth tactics that do unacceptable damage to our
environment or threaten public health.
Stealth Attacks on the Environment. The 105th Congress, like its
predecessor, has tried repeatedly to enact anti-environmental changes by
attaching riders to complex, unrelated legislation. Last year, for
instance, disaster relief for flood victims was held hostage to a rider
that would have allowed road-building in national parks. This abuse of
the legislative process denies the public, and Members of Congress, the
opportunity to examine and debate these proposals in the light of day. It
is part of a concerted strategy to whittle away hard-won environmental
protections.
More on the Way. In recent weeks, Congress tried to attach
anti-environmental riders to the Supplemental Appropriations bill
providing relief to U.S. victims of natural disasters and funding the
Bosnian peacekeeping effort, and the transportation funding bill known as
TEA-21. Many of these riders came at the last minute in conference. If
the past is any indication, appropriations measures for fiscal year 1999,
which come before Congress in the coming weeks, are likely targets for
more such assaults. (A list of potential riders is below.)
The Administration Stands Firm. In the past, anti-environmental
riders have drawn vetoes from President Clinton and led to a government
shutdown. Congress should bear these lessons in mind before engaging in
such tactics again. The President and Vice President are putting Congress
on notice: they will not tolerate stealth tactics that do unacceptable
harm to the environment or threaten public health.
Riders previously or currently under consideration in this Congress
include:
Natural Resources
Paving and Development in the Parks --Riders would facilitate
unwanted roads, motorized access, and land exchanges leading to other
development in National Parks and wilderness areas, including sacred
Native American land in the Petroglyph National Monument in New Mexico;
Denali National Park, home of Mt. McKinley, and the Arctic National
Wildlife Refuge; wilderness area within the Izembek Wildlife Refuge, the
Chugach National Forest, Lake Clark National Park, and the Tongass
National Forest in Alaska; the Boundary Waters Canoe Wilderness Area in
Minnesota; Cumberland Island National Seashore in Georgia; and
non-emergency helicopter landings throughout federal wilderness areas in
Alaska.
Interfering With Forest Management -- Riders would
interfere with the Forest Service's proposed "time-out" on road
construction in roadless areas while transportation policy is being
completed; and prohibit the Forest Service from an orderly revision of
its science-based land management plans, and from updating its resource
planning data.
Giveaways to Special Interests at the Expense of
Taxpayers for Oil Extraction from Federal Areas -- Riders have
blocked an Interior Department rule that would have ensured fair market
value to the taxpayers for oil extracted from public lands and offshore
areas. Some of this funding goes to the purchase of land for
conservation purposes, and to public schools in many states. The
Department estimates that the taxpayers lose $5.5 million each month this
rule is not finalized.
Removal of Threatened Coastal Areas from Coastal
Barrier Resources System -- The Coastal Barrier Resources System is
made up of undeveloped areas in which development would be dangerous
because of storms and flooding, and would threaten the coastal barrier
system. For that reason, no federal programs related to development such
as flood insurance are available in those areas. For the benefit of
developers, riders have been offered to remove designated areas from the
Coastal Barriers System, including 75 acres in Florida.
Commercial Fishing Within the Gulf Island National
Seashore (Florida and Mississippi) and Glacier Bay National Park
(Alaska) --These waters contain important habitat for aquatic
species, and for that reason commercial fishing either has never been
allowed or is being phased out in portions of these areas. Riders may
attempt to overturn the judgement of the expert managers of these areas
and mandate commercial fishing.
Blocking New Mining Rules --The Bureau of Land
Management is preparing a draft rule that would protect public lands
subject to mining under the 1872 Mining Law from unnecessary or undue
degradation due to irresponsible mining practices and ensure reclamation
of that land. Riders may be offered to block publication of that rule.
Interference With Management of Columbia Basin
Ecosystem --Would shut down the environmental planning process for
ecosystem management by the Departments of Interior and Agriculture and
temporarily suspend Endangered Species Act protection measures for 75
million acres of federal lands in the Columbia Basin of Oregon,
Washington, Idaho, and Montana.
Blocking Implementation of Inventory of Wilderness on
BLM Lands in Utah --The Department of Interior has almost completed
an inventory of wilderness within public lands managed by the Bureau of
Land Management in Utah, an inventory important to proper management of
those lands. A lawsuit to prevent completion of that inventory was
unsuccessful. A rider may be offered to overturn that court decision and
stop this inventory.
Blocking Grizzly Bear Reintroduction Program
--This consensus-based plan to reintroduce endangered grizzly bears to
the Selway-Bitteroot area in Idaho and Montana was halted for one year in
the FY 98 Interior Appropriations bill. It is scheduled to resume in the
fall, but there may be riders to further block this important species
recovery program.
Air Pollution, Toxic Cleanup, and Climate Change
Stopping Toxic Waste Cleanup --Would prohibit the
dredging of PCB-laden sediments in the Hudson River, the Housatonic River
in Massachusetts, and other rivers, in provisions offered at the request
of the polluters; attempt to limit the size, and permit state veto over
designation, of EPA's Superfund priority cleanup sites; and attempt to
limit the use of federal funds to promote clean up and development of
abandoned industrial "brownfields" sites.
Interfering With Efforts to Achieve Clean Air
--Would delay EPA's regulation of the regional transport of
smog-producing ozone; and prevent EPA and the States from regulating the
volatile organic compounds in paints.
Interference With Efforts to Improve Energy Efficiency
and Develop Innovative New Technologies --Would prevent the
Administration from pursuing long-standing, bi-partisan policies to
improve energy efficiency and promote the development of innovative clean
energy technologies. The efforts rely upon the false charge that these
programs in some manner "implement" the global warming agreement reached
last year by more than 150 nations in Kyoto.
Delay in Phaseout of Methyl Bromide --The
pesticide methyl bromide is highly toxic and a threat to the ozone
layer. Efforts are underway to delay the phaseout of methyl bromide;
some proposals would even put the United States out of compliance with
its international obligations under the Montreal Protocol.
Delays in Pesticide Reassessment --One of the few
environmental achievements of the 104th Congress was the Food Quality
Protection Act, which strengthened public health protection from
pesticides and required EPA to undertake a reassessment of current
exposures to pesticides, especially for children. There already have
been efforts to insert language in a Senate report that would delay the
process until EPA completes an elaborate rulemaking, delaying important
safeguards for families.
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