A Paddler's Guide to the 106th Congress

Paddlers have plenty of reason to rejoice: during last year's 105^th Congress, the American Canoe Association, Wilderness Society, National Parks and Conservation Association and other conservation organizations successfully thwarted attacks on wilderness, parks and public access. But the victory party may be short-lived. Many of the same issues are expected to reemerge this year during the 106^th Congress. At the top of the list: new roads through wilderness areas; commercial fishing legislation; mining and oil exploration; public access; regulatory reform; recreation fees; outfitter/concessionaire legislation; and reauthorization of the Clean Water and Endangered Species acts. Following is an inside look at a few issues of particular concern to paddlers.

Public Lands

In what the Wilderness Society characterized as "a major step for wilderness and wildland protection," President Clinton recently introduced his "Land Legacy Initiative," a plan to invest $1 billion a year in land protection. Clinton’s plan calls for an additional 5 million acres of Wilderness and $150 million in matching grants for land and easements in parks, greenways, outdoor recreation, wetlands and wildlife habitat. Senator Murkowski (R-AK), Chairman of the Senate Energy and Resources Committee, and Senator Landrieu (D-LA) have introduced a bill directing federal revenues from oil drilling to coastal states and conservation programs, including the Land and Water Conservation Fund. Representative Young (R-AK), Chairman of the House Committee on Resources, is expected to sponsor a similar bill in the House. Senate Minority Leader Richard Gephardt (D-MO) is expected to propose a more environmentally friendly alternative bill. Expect the final version to be a compromise. The groundwork has been set, establishing public land funding as a major issue for the 106^th Congress.

More attacks on public lands in Alaska also are anticipated. Last year two riders nearly slipped through allowing roads through sensitive Alaskan habitat; the legislation is expected to be resubmitted this year. The Izembek road rider would have allowed a road through Alaska’s Izembek National Wildlife Refuge, ignoring legislation in the 1964 Wilderness Act. The Chugach River road rider would have given Chugach Alaska Corp permission to build a 25-mile, 250-foot-wide road across the Bering and Copper Rivers.

Mining will also continue to be of concern, with reformation of the 1872 mining law to protect public lands and waters once again coming to the table (the Ocoee and Cheat rivers are two examples of waterways affected by mining). Environmental groups have long advocated for changes in the law, including establishing fair royalties, granting federal land managers the authority to protect sensitive areas, and ensuring the cleanup of mine sites. More than 500,000 abandoned mines exist in the U.S., requiring an estimated $32 to $72 billion in clean-up costs. During the 105th Congress, Clinton arranged to buy out a mine site on sensitive lands two miles from Yellowstone National Park to protect the Clarks Fork. Recent public objection to proposed mines on the Blackfoot River in Montana and the Taku River in Alaska may serve as a catalyst for further reform efforts.

Expect other regulatory issues to focus on the Forest Service, as many legislators are unhappy with the Forest Service’s emphasis on watershed protection, fish and wildlife habitat, and recreation. Murkowski and Young are expected to again lead the charge.

Last year, rather than reauthorize significant environmental legislation like the Clean Water or Endangered Species Act, Congress amended regulatory procedures, often hampering efforts to enforce and administer environmental laws as originally intended. No major Clean Water Act ("CWA") reauthorization legislation was introduced, even though CWA was last amended in 1987 and authorizations for most of its programs expired in 1990. Representative McIntosh (R-IN) has introduced a bill to waive civil penalties for first-time violators of reporting and record keeping requirements.

Recreational Fees

Congress first authorized the recreational fee demonstration program in 1996 on a limited basis. Agencies are permitted to collect fees for admission or use of sites, facilities, visitor center, equipment or special services, as long as the fees are based upon cost recovery or fair market value. Eighty percent of the fees collected remain within the administrative unit in which the fees are collected. A recent Interior Department study found that most visitors support the fees, although there is concern that fees exclude the economically disadvantaged. There is likely to be a move during this Congress to enact permanent fees on all public lands to increase revenues.

Outfitter/Concessionaire Legislation

Paddlers also should be concerned with the Outfitter Policy Act, sponsored last year by Craig (R-ID). Although this bill died in the Senate, efforts are underway to re-introduce it, with some minor changes. Private paddlers and environmental groups argued that last year's version granted outfitters and concessionaires allocation advantages over private paddlers; reduced competition; and tied the hands of agency managers in facilitating and overseeing outfitter operations on public lands. Opponents maintain that legislation is not necessary and that any changes in regulation can be improved at the agency level.

--Scott Bell