Issues: U.S. Law & Policy

Damage Report
Environment and the 105th Congress


Top of Report


FINAL STATUS OF ENVIRONMENTAL LEGISLATION CONSIDERED IN THE 105th CONGRESS


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S. 1084 Sen. James Inhofe (R-OK) introduced this bill to prohibit the Administration from promulgating new air quality standards until it completes a lengthy and burdensome administrative process. In effect, this bill blocks the administration’s recently revised standards for ozone and particulate matter, which it promulgated in the summer of 1997 in response to studies showing existing standards didn’t adequately protect public health.



On November 6, 1997, Sen. Inhofe added his bill as an amendment to S. 1269, the bill to renew the President’s fast track authority to negotiate trade agreements. The next day, he was forced to return to the floor and vitiate, or retract, the amendment. S. 1084 finally stalled in the Senate Environment and Public Works Committee.
H.R. 1984 This proposal, introduced by Reps. Ron Klink (D-PA) and Fred Upton (R-MI), would impose a four-year moratorium on the new air quality standards for ozone and particulate matter.



Considered in the House Commerce Committee.
H.R. 2609 Sponsored by Rep. Dan Miller (R-FL), this bill would have pushed back the phaseout date for methyl bromide in the U.S. from 2001 until 2005, the international date for other developed nations undermining U.S.’ compliance with the Montreal Protocol. Methyl Bromide is a "Class I" ozone depleting substance used as pesticide on $2.4 billion worth if crops. Known alternatives are available, such as integrated pest management, solar heat treatments, cover crops, crop rotation, resistant varieties, and organic farming.



Considered in the House Commerce Committee and the Agriculture Committee. A similar rider was attached to the FY 1999 Agriculture Appropriations bill, a slightly improved version of which was signed into law as part of the omnibus budget package.
S. 1097 Acid Deposition Control Act: This legislation, introduced by Senator Daniel Patrick Moynihan (D-NY), would have sought to achieve significant reductions in nitrogen oxide and sulfur dioxide emissions from power plants. It would have established a national allowance program for nitrogen oxides to permit emissions trading. It also would have required EPA to report to Congress on objectives for acid neutralization in sensitive areas, and the practicality of monitoring mercury emissions.



Considered the Senate Environment and Public Works Committee.
H.R. 8 The Border Smog Reduction Act of 1997: Sponsored by Rep. Brian Bilbray (R-CA), this bill would have amended the Clean Air Act to deny entry into the U.S. to any foreign vehicles not in compliance with state laws that govern motor vehicle emissions. This bill reflects a concern about Mexican commuters crossing who contribute 13% of Southern California’s total vehicle air pollution. Passed Passed Passed Passed Sent to the President on October 15, 1998. It is expected to be signed.
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H.R. 550 The Nonpoint Source Water Pollution Prevention Act of 1997: This bill, introduced by Rep. James Oberstar (D-MN), would have strengthened the Clean Water Act to establish enforceable requirements for the prevention of polluted runoff and provide financial assistance.



Considered in the House Transportation and Infrastructure Committee.
H.R. 3232 The Farm Sustainability and Animal Feedlot Enforcement Act. This legislation, introduced by Rep. George Miller (D-CA), would have expanded existing Clean Water Act regulations to protect water quality from agricultural runoff. It would have strengthened requirements for farmers and would have required the EPA to phase-out open air lagoons and promote environmentally responsible technologies.



Considered in the House Transportation and Infrastructure Committee.
S. 1323 The Animal Agriculture Reform Act: This legislation, introduced by Sen. Tom Harkin (D-IA), would have strengthen policies that protect water from agricultural runoff, but it would have transferred much authority from the EPA to the USDA, leading to a duplicative and confusing regulatory process. It also would have promoted policies that rely on environmentally risky technology.



Considered in the Senate Agriculture Committee.
S. Res. 98/H.Res.211 Sponsored by Sen. Robert C. Byrd (D-WV) and Rep. Joe Knollenberg (R-MI). This resolution endorses the scientific case behind the climate change issue, but calls on the United States to reject any climate change treaty that does not adequately incorporate developing nations.

Passed Passed Passed the Senate on July 25, 1997 (95-0). Considered in the House International Relations Committee.
S. 286/ H.R. 880 This bill, sponsored by Sen. Spencer Abraham (R-MI)and Rep. Fred Upton (R-MI) would have required Congressional approval of any increase in the Corporate Average Fuel Economy (CAFE) Standards, which have not been updated since 1985. It would have blocked the EPA’s ability to raise the standards to help reduce greenhouse gas emissions and urban smog.



Considered in the Senate Commerce Committee and the House Commerce Committee. A rider prohibiting raising CAFE standards was included in the finalomnibus budget package.
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H.R. 3807 American Economy Protection Act: Sponsored by Rep. Joe Knollenberg (R-MI), this bill would have prohibited the use of federal funds to reduce carbon dioxide and other pollutants that contribute to global warming until the Senate has ratified the Kyoto Protocol.



Considered in the House Commerce Committee. Similar language passed the House and was signed into law as a rider on the FY 1999 VA-HUD Appropriations bill.
H. Con. Res. 106 This resolution, introduced by Reps. Wayne Gilchrest (R-MD) and Henry Waxman (D-CA), calls for the United States to take a leadership role in negotiating an international climate change agreement that contains legally binding targets.



Considered in the House International Relations Committee.
S. 621 The Public Utility Holding Company Act of 1997: This bill, sponsored by Sen. Al D’Amato (R-NY), would have repealed the "Public Utility Holding Company Act of 1935," but failed to include needed environmental safeguards.

Passed
Passed the Senate Banking, Housing, and Urban Affairs Committee on June 27, 1997.
S. 687 The Electric System Public Benefits Protection Act of 1997: This bill, introduced by Sen. Jim Jeffords (R-VT), would have promoted alternative energy and clean air in the process of deregulating the electric power industry. The bill would have ended the current subsidies that favor dirty, mostly older, coal-fired power plants that damage public health and contribute to global warming.



Considered in the Senate Energy and Natural Resources Committee.
H.R. 2909 On November 7, 1997, a bipartisan group led by Reps. Frank Pallone (D-NJ) and Tom Campbell (R-CA) introduced this bill with an objective similar to Sen. Jeffords’ proposal. The Jeffords and Pallone bills were two versions of utility restructuring legislation designed to specifically address environmental concerns. Other bills were introduced by Sen. Dale Bumpers (D-AR), S. 237, Rep. Dan Schaefer (R-CO), H.R. 655, and Rep. Ed Markey (D-MA), H.R. 1960. Environmentalists and others worked with Members of Congress to ensure that new competition among electric utilities includes (1) eliminating the competitive advantage now enjoyed by some dirty power plants due to lower pollution standards; and (2) capping the emissions of greenhouse gases.



Considered in the House Commerce Committee.
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S. 1180 Endangered Species Recovery Act of 1997: This bill, introduced by Sen. Dirk Kempthorne (R-ID), would have weakened many provisions in current law designed to protect endangered species.

Passed
Passed the Senate Environment and Public Works Committee on October 31, 1997. This bill never came to the floor despite support of key Democrats and Interior Secretary Bruce Babbit.
H.R.478 Flood Prevention and Family Protection Act of 1997: This bill, sponsored by Rep. Wally Herger (R-CA), would have exempted flood control activities such as dams and levees from requirements of the Endangered Species Act. Passed


On May 7, 1997, the bill was pulled from the floor after the House approved much narrower language offered by Rep. Boehlert (R-NY) and Rep. Miller (D-CA) by a vote of 227 to 196. The new language limited the waiver to repairs where a "substantial threat" existed to human life and property.
H.R. 752 Citizen’s Fair Hearing Act of 1997: Introduced by Rep. Chenoweth (R-ID), this legislation would have circumvented recent court decisions and allowed lawsuits for recovery of lost property or wages as a result of federal actions under the Endangered Species Act. Passed


Passed the House Resources Committee on March 12, 1997
H.R. 2351 The Endangered Species Recovery Act of 1997: Introduced by the Ranking Member of the House Resources Committee, Rep. George Miller (D-CA), this bill would have strengthened existing endangered species protections and improved recovery plans in a manner consistent with ecological and economic health.



Considered in the House Resources Committee and the House Ways and Means Committee.
S. 2043/ H.R. 3820 Sponsored by Sen. Barbara Boxer (D-CA) and Reps. George Miller (D-CA) and Carolyn Maloney (D-NY), this legislation would have repealed a rider recently attached to the Emergency Supplemental Appropriations Bill that perpetuates government subsidies for oil companies drilling on public lands and prevents taxpayers from receiving fair market value for the extracted oil.



Considered in the House Resources Committee and in the Senate Energy and Natural Resources Committee.
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H.R. 3932 Federal Oil Royalty Protection Act of 1998: Introduced by Rep. Carolyn Maloney (D-NY), this legislation would have ensured that the public receives fair market value for oil extracted from federal public lands and the Outer Continental Shelf.



Considered in the House Resources Committee.
H.R. 4017 Energy Conservation Reauthorization Act of 1998: Sponsored by Rep. Dan Schaefer (R-CO), Chair of the House Commerce Energy and Power Subcommittee, this bill would have promoted energy efficient technologies through inter-agency groups. It would have provided grants for states to undertake energy efficiency programs and implements conservation programs in public buildings. Passed


Passed the House Commerce Committee on August 5, 1998.
H.R. 858/ S. 1028 Quincy Library Group Forest Recovery and Economic Stability Act of 1997: This bill, sponsored by Sen. Dianne Feinstein (D-CA) and Rep. Wally Herger (R-CA), would have more than doubled logging in one-third of California’s Sierra Nevada forests, threatening up to a quarter of a million acres of old-growth reserves. It would also have circumvented the public planning process by dictating management decisions in its legislative language, establishing a dangerous precedent that some in Congress are already seeking to apply to other national forests. Passed Passed Passed
On the evening of November 12, 1997 – the day before Congress recessed – the language of this bill was added to an unrelated bill, S. 1079, which passed the House (429-1). The Senate adjourned before taking final action on the bill. However, the bill was added to the final omnibus budget package at conference and enacted October 21, 1998.
H.R. 4345 NEPA Waiver for Salvage Timber Sales. This bill, introduced by Rep. Chenoweth (R-ID) would have allowed the Forest Service to shortcut normal procedures under the National Environmental Policy Act for salvage logging operations in ten specified areas totaling 180,000 acres in ten states.



Considered in House Resources Committee. The legislation came to the House floor as part of the omnibus parks bill which was defeated on Oct. 7, 1998 by a vote of 123-302.
H.R. 2515 Forest Recovery and Protection Act of 1997: Introduced by Rep. Bob Smith (R-OR), chair of the House Committee on Agriculture, this legislation would have promoted logging in the name of forest health. The bill would have created a five-year plan to identify and treat "diseased" forest areas. Passed


Passed the House Agriculture Committee March 12, 1998. Moderate Republicans joined Democrats in defeating the bill 181-201 on March 28, 1998.
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H.R. 2493 Forage Improvement Act of 1997: This bill, introduced by House Agriculture Committee Chairman Bob Smith (R-OR), would have perpetuated subsidies for ranchers using public lands for low fees, threatening the ecological health of the lands and their availability for recreational users. Passed Passed Passed
Passed the House October 30, 1997 by a vote of 242 - 182. Passed the Senate Energy and Natural Resources Committee on July 29, 1998.
S. 477/ H.R. 1127 National Monument Fairness Act of 1997: Sponsored by Sen. Orrin Hatch (R-TN) and Rep. James Hansen (R-UT), this legislation would have limited the President’s existing authority to designate natural and historical treasures as national monuments deserving of protection from damaging development and misuse. As modified on the House floor, the bill would have required Congressional approval within two years for designation of any monuments over 50,000 acres. Passed Passed

Passed the House on October 7, 1997 by a vote of 229-197. Considered in the Senate Energy and Natural Resources Committee.
H.R. 901 American Land Sovereignty Protection Act: Rep. Don Young’s (R-AK) proposal would have weakened the ability of the U.S to work with other countries to protect the environment domestically and abroad by requiring specific Congressional approval prior to the listing of any lands in the U.S. as a World Heritage site or a Biosphere Reserve. Passed Passed

Passed the House on October 8, 1997 by a vote of 236-191. Considered in Senate Energy and Natural Resources Committee.
H.R. 4570 This omnibus public lands legislation, introduced by Rep. Jim Hansen (R-UT) would have weakened environmental protections for numerous national parks, national monuments, and wilderness areas across the country. Among other things, this bill would have eliminated Wilderness Area protections for thousands of acres in Utah’s San Rafeal Swell Area, promoted logging in national forests, and waived environmental reviews for the construction of roads through the Chugach National Forest in Alaska. Passed


On October 7, 1998, a bi-partisan coalition defeated this bill on the House floor by a vote of 123-302.
S. 357 Grand Staircase-Escalante Resource Protection Act: This bill, introduced by Sen. Robert Bennett (R-UT), would have mandated that grazing, mining, and oil and gas drilling be allowed to continue in the newly designated Grand Staircase-Escalante National Monument. In addition, it would have prevented the National Park Service from managing the new park and prohibited the government from claiming federal water rights.



Considered in the Senate Energy and Natural Resources Committee.
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S. 268 The National Parks Overflights Act of 1997: This bill, introduced by Sen. John McCain (R-AZ), would have restricted overflights by airplanes and helicopters in national parks and requires the Interior Secretary to develop a comprehensive plan addressing overflight issues within 120 days. It also called for incentives for the use of quiet aircraft technology and a schedule for air-tour operators to switch to quieter aircraft.

Passed
Passed the Senate Commerce Committee on July 14, 1998. This was included as part of the FAA reauthorization bill, H.R. 4057, which was passed the House on Aug. 4, 1998, by voice vote. The bill, however, stalled in the Senate.
S. 1693 Vision 2020 National Parks Restoration Act: Introduced by Sen. Craig Thomas (R-WY), this bill would have extended a program through 2005 that allows the National Park Service, the U.S. Fish and Wildlife Service, Forest Service, and Bureau of Land Management to begin charging or increase fees at hundreds of sites. Eighty percent of such funds would return to the site with the remainder returning to its respected agency. Passed Passed Passed Passed Passed the Senate by Unanimous Consent on June 11, 1998. It passed the House on Oct. 13, 1998, and is expected to be signed into law.
H.R. 1732 This bill, introduced by Rep. Dale Kildee (D-MI), would have provided more money for land acquisition to purchase private land within park boundaries, as well as parcels like the New World Mine site outside of Yellowstone that threaten park resources. It would have ensured that money coming into the Land and Water Conservation Fund from oil and gas drilling on public land was actually spent for land acquisition for which the fund was established in 1965.



Considered in the House Resources Committee and the House Budget Committee.
H.R. 3830 This bill, introduced by Rep. James Hansen (R-UT) would have exchanged state owned land within the Grand Staircase-Escalante National Monument and other protected areas in Utah for federal land elsewhere in the state. Currently, Utah owns numerous parcels within federally protected areas and income from these parcels is intended to help support the state's public schools. As a result there is pressure to develop them for financial gain. The legislation represented an agreement reached between Utah Governor Mike Leavitt and Interior Secretary Burce Babbitt and had the support of environmentalists. Passed Passed Passed Passed Passed the House by voice vote June 24, 1998. It passed the Senate on Oct. 9,1998, and is expected to be signed into law.
H.R. 2853 National Park Bonds and Capital Improvements Act of 1997: To help meet the growing maintenance and protection needs of our national parks, Rep. Dale Kildee (D-MI) introduced this bill to provide for the sale of park bonds. Similar to the bonds sold during World War II, small-denominational bonds would have allowed the public to provide capital to the parks while investing in our national heritage.



Considered in the House Resources Committee.
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H.R. 1728 National Park Service Administrative Amendments of 1997: Sponsored by Rep. Joel Hefley (R-UT), this bill would have required the Interior secretary to submit with the annual budget request a list of recommended areas for acquisition to the House and Senate Resources committees. The areas needed to have "national significance" with themes not already represented by the National Park Service. Passed Passed

Passed the House on August 3, 1998.
H.R. 2993 Sponsored by Rep. Joel Helfey (R-CO), this bill would have allowed the Secretary of the Interior to charge a location fee based on fair market value for both still photography and commercial motion picture use in units in both the Fish and Wildlife Service and the National Park Service. Most of the revenue generated would have remained at the site. Passed


Passed the House Resources Committee June 17, 1998, by voice vote.
S. 104/ H.R. 1270 The Nuclear Waste Policy Act of 1997: Introduced by Sen. Frank Murkowski (R-AK) and Rep. Fred Upton (R-MI), this bill would have authorized an interim storage facility for high level nuclear waste near Yucca Mountain, Nevada, suspending many applicable environmental, health, and safety requirements Passed Passed Passed Passed Passed the Senate on April 15, 1997, by a vote of 65-34. Passed the House on October 30, 1997 by a vote of 307-120. The Senate failed to revive the issue in June 1998, remaining two votes short of the necessary two-thirds necessary to overturn the promised Presidential veto.
S. 964 The Ward Valley Land Transfer Act: Sen. Frank Murkowski (R-AK) introduced this legislation to circumvent the process of Interior Department assessments prior to land transfers through legislation. This legislation calls for the transfer of federal land in Ward Valley to the state of California for use as a low-level nuclear waste dump.



Considered in the Senate Energy and Natural Resources Committee.
H.R. 449 Southern Nevada Public Land Management Act of 1997: This bill, sponsored by Rep. John Ensign (R-NV), would have sold federal lands in Clark County, Nevada, around Las Vegas. Passed Passed Passed Passed Passed the House by a Voice Vote April 23, 1997. It passed the Senate on Oct. 2, 1998, and is expected to be signed into law.
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S. 1253 Public Lands Management Improvement Act of 1997: On October 3, 1997, Sen. Larry Craig (R-ID) introduced this bill as the first of a two-part legislative effort to reorganize the management policies for the national forests and other public lands. S. 1253 would have affected both the Forest Service and the Bureau of Land Management. This bill would have increased logging, rolled back environmental protections, and limited public involvement in decisions by these agencies. The Forest Service criticized it for its lack of planning flexibility.



Considered in the Senate Energy and Natural Resources Committee.
S. 1254 Federal Lands Management Adjustment Act: Sen. Larry Craig (R-ID) also introduced this bill to establish procedures by which management of all federal lands overseen by the Bureau of Land Management and the Forest Service, including designated wilderness areas and wild and scenic rivers, could be transferred to states and private parties.



Considered in the Senate Energy and Natural Resources Committee.
S. 1102 Mining Law Reform Act of 1997: Sponsored by Sen. Larry Craig (R-ID), this bill would have made a few changes to the 1872 Mining Law, including a 5% royalty on net proceeds, except for small operations, and created an abandoned mine reclamation fund. Taxpayers would have continued to subsidize environmental destruction by mining companies profiting off public lands.



Considered in the Senate Energy and Natural Resources Committee. Senator Bumpers made an unsuccessful attempt in September 1998 to bring the mining industry and environmentalists together around some mining reforms.
S. 326/ H.R. 780 Abandoned Hardrock Mines Reclamation Act of 1997: Sponsored by Sen. Dale Bumpers (D-AR) and Rep. George Miller (D-CA), this bill would have set a reclamation fee of 2 to 5 % of net proceeds on patented land for a mine cleanup fund.



Considered in the House Ways and Means Committee and the Senate Energy and Natural Resources Committee.
S. 327/ H.R. 778 Hardrock Mining Royalty Act of 1997: Proposed by Sen. Dale Bumpers (D-AR) and Rep. George Miller (D-CA), this bill would have established a 5% net smelter royalty on minerals from unpatented lands.



Considered in the House Resources Committee and the Senate Energy and Natural Resources Committee.
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H.R. 919 The Public Resources Deficit Reduction Act of 1997: Introduced by Rep. George Miller (D-CA), this bill would have proposed to charge "fair market value" for water, timber, minerals and other resources on public lands. It would have ended taxpayer subsidies for natural resource development, saving taxpayers more than $5 billion over five years while enhancing environmental protection.



Considered in the House Resources Committee and the Senate Energy and Natural Resources Committee.
S. 207 The Corporate Subsidy Reform Commission Act of 1997: Introduced by Sen. John McCain (R-AZ), this bill would have set up an independent commission modeled after the military base closure commission to recommend dubious programs and tax loopholes for reform or termination. An initial list of subsidies targeted for elimination included the Animas La Plata Water project which is designed to provide below-cost water to farmers for low-value crops such as alfalfa in southwest Colorado.

Passed
Passed the Senate Government Affairs Committee on October 9, 1997.
S. 981 Regulatory Improvement Act of 1998: This renewed effort at "reform" would have significantly changed the rulemaking process. Sponsored by Sen. Carl Levin (D-MI), the bill would have undermined critical environmental, public health, and safety protections, including new food safety and drinking water legislation enacted by the last Congress. Under the bill, agencies would have had to justify important health and safety protections, both new and existing, based on unworkable "greatest net benefits" and "most cost-effective" tests. Industry lawyers would have had the opportunity to challenge such determinations in court.

Passed
Passed the Senate Government Affairs Committee on May 11, 1998. While the Clinton administration agreed to revise language in September 1998, several key Democrats continued to oppose the bill and it never came to the Senate floor.
S. 433/ H.R. 1036 Congressional Responsibility Act of 1997: Sen. Sam Brownback (R-KS) and Rep. J.D. Hayworth (R-AZ) introduced this legislation to require Congressional approval of all agency rules before they are promulgated.



Considered in the Senate Government Affairs Committee and House Judiciary Committee.
S. 866/H.R. 1884 Environmental Protection Partnership Act/ Voluntary Environmental Self-Evaluation Act: Introduced by Sen. Kay Bailey Hutchison (R-TX) and Rep. Joel Hefley (R-CO), these bills would have given immunity to companies that violate environmental laws if they voluntarily disclose their violations.



Considered in the Senate Judiciary Committee and the House Judiciary, Commerce, Transportation and Infrastructure, Agriculture, and Resources Committees.
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S. 1675/H.R. 1704 Congressional Office of Regulatory Analysis Creation Act: Rep. Sue Kelly (R-NY) and Sen. Richard Shelby (R-AL) introduced this legislation, which would have created a new office to review cost and benefit analyses of proposed federal regulations. Passed


Passed the House Judiciary Committee on March 13, 1998 and the House Government Reform Committee on June 3, 1998. Stalled in the Senate Governmental Affairs Committee.
S. 1728 Federal Regulatory Risk Assessment Act of 1997: Sponsored by Sen. Trent Lott (R-MS), this bill would have amended federal law governing risk assessments of major regulatory rules by federal agencies which address health, safety, or environmental risk.



Considered in the Senate Governmental Affairs Committee.
S. 1867/ H.R. 3310 Small Business Paperwork Reduction Act Amendments of 1998: Introduced by Rep. David McIntosh (R-IN) and Sen. Susan Collins (R-ME), this bill would have waived civil penalties for first-time violations of vital reporting and recordkeeping requirements, ignoring their importance. The bill would have undermined crucial health and environmental programs, including food safety and tracking hazardous materials. Passed Passed

Passed the House on March 26, 1998 by a vote 267-140. Stalled in the Senate Governmental Affairs Committee.
S. 389/ H.R. 3534 Mandates Information Act of 1998: Introduced by Sen. Spencer Abraham (R-MI) and Rep. Gary Condit (D-CA), this bill would have created a new point of order against proposed legislation that would impose $100 million or more in costs on the private sector. Such a point of order would have allowed Members of Congress to undermine important health, safety, and environmental protections without voting directly against them. Passed Passed Passed
Passed the House on May 19, 1998 by a vote of 279-132. Passed the Senate Governmental Affairs Committee on September 2, 1998, but stalled in the Senate Budget Committee which had concurrent jurisdiction.
H.R. 4049 The Regulatory Fair Warning Act of 1998: Introduced by Rep. George Gekas (R-PA), this legislation would have prohibited the imposition of fines on proven violators of federal rules (such as rules to prevent air and water pollution and toxic waste dumping) based on a claim that the rule did not give the violator "fair warning" of its requirements.



Stalled in the House Judiciary Committee.
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H.R. 1404 The Defense of the Environment Act of 1997: This legislation, introduced by Rep. Henry Waxman (D-CA), would have required Congressional committees to identify and quantify, where possible, the negative impact on the environment of any proposed legislation before it can be considered on the House or Senate floor. Members would have been guaranteed the right to a separate debate and vote on any proposed provisions that reduce protection for the environment.



Considered in the House Rules Committee and the Government Reform and Oversight Committee. A similar amendment was offered to H.R. 3534 on the floor, but was defeated by a vote of 190-221.
H.R. 1276 The Environmental Research, Development, and Demonstration Authorization Act of 1997: This bill would have imposed severe spending limits on the Environmental Protection Agency’s Research and Development programs. The bill, as originally introduced, prohibited any funding for the Environmental Technology Initiative, Indoor Air Research, or the Climate Change Action Plan. Passed


While the House Science Committee approved this bill on April 16, 1997, the Commerce Committee claimed jurisdiction over some of the programs in H.R. 1276. On June 25, the Commerce Committee passed a pared down version of the bill removing limits on research programs like some under the Safe Drinking Water Act that have already been authorized. No final bill ever came to the House floor.
S. 8 Superfund Cleanup Acceleration Act of 1998: Senator Bob Smith (R-NH) introduced this bill in January of 1997. It would have repealed many of Superfund’s existing health protections, limited the number of sites that may be added to the cleanup program, and rolled back liability for some industrial polluters.

Passed
Passed the Senate Environment and Public Works Committee on May 18, 1998. The Superfund debate in the 105th Congress was unfortunately dominated by those looking to weaken rather than enhance public protection from toxics in their communities.
H.R. 1778 The Defense Reform Act of 1997: As introduced by Rep. Floyd Spence (R-SC), Title III of this bill would have rolled back critical hazardous waste clean-up standards and clean air controls, prioritize containment of waste rather than clean-up, and excused federal facilities from the level of cleanups required of private companies and local governments. Passed


In response to pressure from Republicans and Democrats on both the House Commerce Committee and the Transportation and Infrastructure Committee, the Rules Committee decided not to allow the anti-environmental provisions (Title III) to come to the House floor for a vote.
H.R. 2727 Superfund Acceleration, Fairness, and Efficiency Act: Introduced by Rep. Sherwood Boehlert (R-NY), this bill would have scaled back Superfund’s existing public health and environmental protections. A similar proposal was introduced by Reps. Barcia (D-MI) and Dooley (D-CA), H.R. 2750.



Considered in the House Commerce, Transportation and Infrastructure, and Ways and Means Committees
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H.R. 3000 The Superfund Reform Act: Introduced by Rep. Mike Oxley (R-OH), this legislation was met with fervent opposition by environmentalists because it would have weakened cleanup standards, seriously undermined the "polluter pays" principle, kept affected communities in the dark about cleanup strategies, and hampered the restoration of natural resources.



Considered in the House Commerce Committee.
S. 18 The Brownfields and Environmental Cleanup Act of 1997: Introduced by Sen. Frank Lautenberg (D-NJ), this bill was designed to spur redevelopment of industrial sites with limited contamination. It would have limited potential liabilities for buyers of polluted sites, provided financial aid to state and local governments to identify brownfields, and established low-interest loans for businesses or municipalities that pledge to clean up the sites.



Considered in the Senate Environment and Public Works Committee.
S. 2271/H.R. 1534 Private Property Rights Implementation Act of 1997: Supported heavily by the National Association of Home Builders, this legislation would have allowed developers to circumvent decision-making processes and go straight to the federal courts. The bill would make federal cases out of local land-use decisions by changing well-established ripeness and abstention doctrines that limit when and what lawsuits can be brought to federal court. Passed Passed Passed
Passed the House on October 22, 1997 by a vote of 248-178; motion to invoke cloture to force a vote in the Senate fell 8 votes short of the 60 needed on July 13, 1998.
H.R.992 Tucker Act Shuffle Relief Act of 1997: Sponsored by Rep. Lamar Smith (R-TX), this bill would have created new opportunities to bring "takings" claims by expanding the jurisdiction of the Court of Federal Claims to invalidate agency actions. Passed Passed

Passed the House on March 12, 1998 by a vote of 230-180. Passed the Senate Judiciary Committee as part of S. 2271.
H.R. 1636 The Children’s Environmental Protection and Right to Know Act: Sponsored by Rep. Henry Waxman (D-CA), this bill would have expanded the public’s right to know about toxic chemicals used in manufacturing and consumer products. It would have enhanced the existing Toxic Release Inventory to include information about the amount and manner in which chemicals are used in the manufacturing process and required manufacturers of certain children’s products to report any toxic substances that such products contain.



Considered in the House Commerce Committee
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H.R. 1842 Rep. Helen Chenoweth (R-ID) introduced this bill to terminate President Clinton’s American Heritage Rivers Initiative, an effort to preserve ten rivers across the nation. Passed


Passed the House Resources Committee on November 5, 1997.
H.R. 859 This bill, introduced by Rep. Knollenberg (R-MI), would have repealed water conservation standards for toilets.



Considered in the House Commerce Committee.
H.R. 1290 Wetlands Restoration and Improvement Act of 1997: Introduced by Rep. Walter Jones (R-NC), this bill would have promoted mitigation banking on wetlands as a method of compensating for wetland destruction by restoring or creating a wetland elsewhere. Protections ensuring that mitigation banking does not excuse additional wetlands destruction were excluded.



Considered in the House Transportation and Infrastructure Committee.
H.R. 2155 This bill, introduced by Rep. Mark Neumann (R-WI), would have codified Nationwide Permit 26, the scientifically discredited "quick permit" that is the single largest source of wetlands destruction in America.



Considered in the House Transportation and Infrastructure Committee.
H.R. 2293 Environmental Litigation Abuse Prevention Act of 1997: Sponsored by Rep. Charles Taylor (R-NC), this bill would have amended the Federal Water Pollution Control Act to shield municipalities found to have violated clean water protections from paying attorney fees and other litigation costs.



Considered in the House Transportation and Infrastructure Committee.
BILL # TITLE AND DESCRIPTION HOUSE
COM.
HOUSE
FLOOR
SENATE
COM.
SENATE
FLOOR
CURRENT STATUS
S. 1213/H.R. 2547 The Oceans Act of 1997: This legislation, introduced by Sen. Fritz Hollings (D-SC) and Rep. Sam Farr (D-CA), would have established a cohesive national policy to conserve fisheries and coastal resources, and protected marine and human safety. It also would have established a 15-member advisory panel to make policy recommendations to the President.

Passed Passed Passed the Senate November 13, 1997. Stalled in the House Resources Committee.
H.R. 3445 The Oceans Act of 1998: This bill, introduced by Rep. Jim Saxton (R-NJ), directed the President to establish a Commission on Ocean Policy that terminates following a final report. The act would have required each agency involved in ocean activities to submit how their activities relate and contribute to implementing national policy when they seek appropriations. Passed


Passed the House Resources Committee on July 29, 1998.
H.R. 745 This bill, introduced Rep. Peter DeFazio (D-OR), would have deauthorized the Animas-La Plata Dam project so that no more money can be spent on it. The bill would also have directed the Secretary of the Interior to negotiate with Native American tribes to find alternative ways to satisfy water rights the dam was designed in part to supply.



Considered in the House Resources Committee.
S. 1092/ H.R. 2259 King Cove Health and Safety Act of 1997: Sponsored by Sen. Frank Murkowski (R-AK) and Rep. Don Young (R-AK), this legislation would have permitted the unprecedented construction of a road through a Congressional designated wilderness area, overriding environmental laws, and heavily impacting upon a large wildlife habitat Passed
Passed Passed Passed the Senate on October 1, 1998, by a vote of 59-38. Money to address the medical needs of the community and to build a possible alternative road through the refuge, but not the wilderness, was included in the final omnibus budget package.
H.R. 512 New Wildlife Refuge Authorization Act: Introduced by Rep. Don Young (R-AK), this bill would have required specific Congressional authorization before establishing new wildlife refuges. The bill would have hindered the ability of the Fish and Wildlife Service to purchase important habitat when it becomes available. Passed Passed

Passed the House on May 19, 1998 by a voice vote. Stalled in the Senate Environment and Public Works Committee.
BILL # TITLE AND DESCRIPTION HOUSE
COM.
HOUSE
FLOOR
SENATE
COM.
SENATE
FLOOR
CURRENT STATUS
S. 660 Introduced by Sen. Frank Murkowski, this bill would have permitted the transfer of 500,000 acres of federal public lands to the University of Alaska for development.

Passed
Passed the Senate Energy and Natural Resources Committee on September 24, 1997.
H.R. 3625 San Rafael Swell National Heritage and Conservation Act: This bill, introduced by Rep. Chris Cannon (R-UT), would have effectively eliminated 125,000 acres in Utah currently protected as a Wilderness Study Area. It would also have allowed roadbuilding and recreation vehicle use in wilderness areas. Passed


Passed the House Resources Committee on August 7, 1998. Considered as part of Omnibus Parks bill, H.R. 4570, which was defeated on the House floor on October 7, 1998 by a vote of 123-302.
S. 531/H.R. 900 Morris K. Udall Wilderness Act of 1997: Introduced by Rep. Bruce Vento (D-MN), this bill would have protected the Arctic National Wildlife Refuge’s coastal plain as wilderness, making it off-limits to oil drilling. This was similar to a bill introduced by Sen. William Roth (R-DE), S. 531.



Considered in the House Resources Committee and the Senate Environment and Public Works Committee.
S. 773/H.R. 1500 The America’s Red Rock Wilderness Act of 1997: Sponsored by Sen. Richard Durbin (D-IL) and Rep. Maurice Hinchey (D-NY), this legislation would have protected 5.7 million acres of Utah’s spectacular redrock canyonlands as wilderness. Some of these areas are within the new Grand Staircase-Escalante National Monument, but would have been protected from various destructive uses such as mining, grazing and motor vehicles if designated as wilderness.



Passed the Senate Energy and Natural Resources Committee on July 31, 1998; passed the House Resources Committee on August 5, 1998 by a voice vote.
H.R. 1567 The Eastern Wilderness Act of 1997: Introduced by Rep. Jim Hansen (R-UT), the bill would have directed the Departments of Interior and Agriculture to study land East of the 100th meridian to determine whether any Eastern federal land warrants protection under "wilderness status." Democrats claimed that this bill replicated activities already being done under the Wilderness Act of 1964. Passed


Passed the House Resources Committee November 5, 1997 by a voice vote.
S. 659/ H.R. 1481 Great Lakes Fish and Wildlife Restoration Act of 1997: This bill would have coordinated agency efforts to protect fish and wildlife in the Great Basin area. It was sponsored by Sen. John Glenn (D-OH) and Rep. Steven LaTourette (R-OH).



Considered in the House Resources Committee and the Senate Environment and Public Works Committee.

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