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PUBLIC LANDS: Omnibus clears Senate, heads for House vote next week (03/19/2009)

Eric Bontrager and Noelle Straub, E&E reporters

The House will take up the public lands, water and natural resources omnibus bill next week, potentially sending the measure to President Obama for his signature.

Today, the Senate passed the bill for the second time this year, 77-20, as part of a complicated maneuver to prevent House Republicans from offering contentious amendments.

House National Parks Subcommittee Chairman Raúl Grijalva (D-Ariz.) said he expects the House will move quickly to approve the omnibus. "It will happen next week," he said. "I'm hearing Thursday from the leadership, so it'll probably be Tuesday."

The bill will come up under a rule, a House Democratic aide said.

Assuming the House passes the omnibus, Grijalva said he would like to begin work on a new another lands package, including new wilderness designations, for consideration later this year or early next year.

Before today's vote, senators accepted one amendment but rejected two others that Democrats allowed Sen. Tom Coburn (R-Okla.) to offer as part of a deal in exchange for allowing the bill to proceed. Yesterday they rejected three others.

Coburn, who placed "holds" on many of the bills in the omnibus for months last year, said the bill contains earmarks, limits energy development on public lands, and is an example of "hyper-parochialism" under which senators put items they wanted for their home states over the long-term good of the country.

The Coburn amendment that was accepted by voice vote would clarify the bill to allow the "casual collection" of rocks in parks that may contain a fossil, preventing criminal prosecution of visitors who unintentionally take a fossil. It would keep penalties for those who knowingly take or sell fossils from parks.

One of the amendments defeated today would have struck certain sections that Coburn deems frivolous, such as the $3.5 million to celebrate the 450th anniversary of St. Augustine, Fla., in 2015, and a salmon restoration project in California. Coburn said the California provision would amount to the government spending hundreds of millions of dollars to protect 500 fish. But Sen. Dianne Feinstein (D-Calif.) said his amendment would have destroyed a widely supported, court-approved settlement of an 18-year legal battle. The Senate voted 70-27 to table, or kill, the amendment.

The other amendment would have required federal agencies to issue an annual report detailing the total amount of land they own and the cost to taxpayers of the ownership of the land. It was tabled, 58-39.

Last week, the House fell two votes shy of passing the bill under suspension of the rules, a maneuver that shields legislation from amendment or a motion to recommit but requires a two-thirds majority for passage. Senate leaders then devised a strategy to use a bill that had already passed the House -- H.R. 146, a proposal to protect Revolutionary War battlefields -- and strip its contents, replacing it with the omnibus lands bill. Because the House already passed H.R. 146, the chamber will only need to vote to concur with the Senate amendment.

The omnibus would designate more than 2 million acres of wilderness in nine states and would establish three new national park units, a new national monument, three new national conservation areas, more than 1,000 miles of national wild and scenic rivers and four new national trails. It would enlarge the boundaries of more than a dozen existing national park units and establish 10 new national heritage areas.

It would also authorize numerous land exchanges and conveyances to help local Western communities address water resource and supply issues, and includes provisions to improve land management.

The revised omnibus bill will also include language from Rep. Jason Altmire (D-Pa.) meant to ensure that the omnibus would not close off lands that are already open to hunting and fishing.

Conservation groups praised the Senate passage.

The Wilderness Society's Paul Spitler said the Senate move "clears the most significant hurdle to protecting some of the country's most cherished landscapes."

"These wonderful landscapes are under tremendous pressure, and their value to local communities and to all Americans who treasure our natural heritage will remain long after the country has recovered from the economic crisis," Spitler said in a statement, although he expressed concern over a provision allowing construction of a road through Alaska's Izembek National Wildlife Refuge.

"Today, Congress has helped ensure that we will have a wild legacy to pass on to our children and grandchildren," said Sierra Club Executive Director Carl Pope. "This bill helps guarantee that future generations will be able to hike in pristine forests from California to West Virginia. They'll be able to fish America's untouched rivers, watch antelope migrate through Wyoming, and take their families camping in the stunning Rocky Mountains."