[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-388. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Armed Services.

                    ``House Concurrent Memorial 2009

       ``Whereas, the United States Air Force Armstrong Laboratory 
     Aircrew Training Research Division, located on Williams Air 
     Force Base, remains a leader in aircrew training research and 
     development; and
       ``Whereas, the Arizona legislature endorses the common goal 
     of military readiness in support of national peace; and
       ``Whereas, the Armstrong Laboratory has helped develop many 
     of the defensive technologies used in the recent conflict in 
     the Middle East such as the chemical warfare defense study 
     and the night vision goggle training research; and
       ``Whereas, the Armstrong Laboratory developed several 
     flight simulators for training some of the best pilots in the 
     United States Air Force; and
       ``Whereas, the Armstrong Laboratory employs people of the 
     state of Arizona; and
       ``Whereas, the University of Dayton and the Armstrong 
     Laboratory have a well-established procedure for exchanging 
     research and technological information betweem them that 
     benefits academia, industry and the military; and
       ``Whereas, high technology growth in the flight simulation 
     and training technology field is highly desirable for the 
     state of Arizona with thousands of new jobs projected for the 
     coming years.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the President of the United States and the One 
     Hundred Second Congress of the United States consider the 
     continuation of operations at the United States Air Force 
     Armstrong Laboratory after the closure of Williams Air Force 
     Base that is currently scheduled to close in the month of 
     September 1993.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent Memorial to the United 
     States President, the Speaker of the United States House of 
     Representatives, the President of the United States Senate 
     and each Member of the Arizona Congressional Delegation.''
                                  ____

       POM-389. A resolution adopted by the Board of County 
     Commissioners of Monroe County, Florida relative to Florida 
     Bay; to the Committee on Energy and Natural Resources.
       POM-390. A resolution adopted by the Board of County 
     Commissioners of Monroe County, Florida relative to the 
     Florida Everglades Initiative; to the Committee on Energy and 
     Natural Resources.
       POM-391. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                     House Concurrent Memorial 2007

       ``Whereas, passage of this act would, subject to valid 
     existing rights, withdraw lands within Cave Creek Canyon from 
     the general mining, mineral leasing and material sales laws 
     of the United States; and
       ``Whereas, Cave Creek Canyon is a sanctuary to hundreds of 
     birds, animals and plants, many of which are on the 
     endangered or threatened species list; and
       ``Whereas, Cave Creek Canyon serves as an important 
     scientific research area and training ground for many 
     national and international scientists; and
       ``Whereas, this area is one of the most popular and 
     cherished bird watching spots in the United States and many 
     other people treasure this region because it gives them the 
     opportunity to hike and camp in a remote, beautiful and 
     unspoiled setting; and
       ``Whereas, mining operations would disrupt and destroy this 
     special wildlife haven; and
       ``Whereas, under current law, a mining company with a lease 
     from the federal government is permitted to begin exploration 
     and mining procedures in the Cave Creek Canyon area; and
       ``Whereas, passage of the Cave Creek Canyon Protection Act 
     is the only permanent solution to protect this region from 
     future mining operations.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the One Hundred Second of the United States pass 
     the Cave Creek Canyon Protection Act.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent Memorial to the Speaker of 
     the United States House of Representatives, the President of 
     the United States Senate, United States Representative Nick 
     Rahall, Chairman of the Subcommittee on Mining and Natural 
     Resources and each Member of the Arizona Congressional 
     Delegation.''
                                  ____

       POM-392. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                   ``Senate Concurrent Memorial 1003

       ``Whereas, for more than a century the general mining law 
     of the United States has provided the nation with the 
     necessary domestic metals base essential to its national 
     security, economic well-being and industrial production; and
       ``Whereas, the basic tenets of the general mining law, 
     including self--initiation, freedom of access and security of 
     tenure, have been and continue to be critical to the 
     development of a healthy domestic mining industry; and
       ``Whereas, if the nation is to remain a strong 
     international competitor in industrial production it must 
     continue to develop a strong mineral base essential to that 
     production; and
       ``Whereas, since statehood a healthy mining industry has 
     been of significant importance to the economy of the State of 
     Arizona, contributing billions of dollars in direct and 
     indirect economic benefits to the state, its various 
     political subdivisions and its residents; and
       ``Whereas, the continuation of a healthy mining industry is 
     of significant importance to the revenue base of this state 
     and to the continued economic growth and development of rural 
     areas in this state.
       ``Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       ``1. That the One Hundred Second Congress of the United 
     States oppose the Mineral Exploration and Development Act of 
     1991, H.R. 918, introduced by United States Congressman Nick 
     J. Rahal, and the Mining Law Reform Act of 1991, S. 433, 
     introduced by United States Senator Dale Bumpers.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent Memorial to the President 
     of the United States Senate, the Speaker of the United States 
     House of Representatives and each Member of the Arizona 
     Congressional Delegation.''
                                  ____

       POM-393. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                    ``House Concurrent Memorial 2002

       ``Whereas, current operational practices at Glen Canyon Dam 
     harm the environmental, recreational and cultural values of 
     the Glen Canyon National Recreational Area and Grand Canyon 
     National Park; and
       ``Whereas, the Grand Canyon Protection Act would mitigate 
     adverse impacts to the area and improve the Grant Canyon 
     National Park and the Glen Canyon National Recreational Area 
     for natural and cultural resources and visitor use; and
       ``Whereas, passage of this act would enable a plan to be 
     developed for operating the Glen Canyon Dam on an interim 
     basis to protect and improve the condition of the natural, 
     recreational and cultural resources of the Grand Canyon 
     National Park and the Glen Canyon National Recreational Area; 
     and
       ``Whereas, implementing this plan would not interfere with 
     the water storage and delivery functions of the Glen Canyon 
     Dam; and
       ``Whereas, the proposed plan would minimize the adverse 
     environmental impact of the Glen Canyon Dam operations on the 
     Grand Canyon National Park and the Glen Canyon National 
     Recreational Area that are both located downstream from the 
     Glen Canyon Dam; and
       ``Whereas, implementation of the proposed interim plan 
     would adjust fluctuating water releases in producing 
     hydroelectric power, adjust flow changes that will minimize 
     adverse downstream impacts and minimize flood releases and 
     will maintain minimum and limit maximum flows released during 
     normal operations of the Glen Canyon Dam to minimize 
     destructive environmental impacts of the Glen Canyon Dam 
     operations on the Grand Canyon National Park and Glen Canyon 
     National Recreational Area; and
       ``Whereas, this plan also will protect essential fishery 
     resources; and
       ``Whereas, passage of this legislation is critical to the 
     long-term protection of the Grand Canyon for natural, 
     cultural and recreational use.
       ``Wherefore your memorialist, the house of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the One Hundred Second Congress of the United 
     States pass the Grand Canyon Protection Act.
       ``2. That the Secretary of the State of the State of 
     Arizona transmit copies of this Concurrent Resolution to the 
     Speaker of the United States House of Representatives, the 
     President of the United States Senate and each Member of the 
     Arizona Congressional Delegation.''
                                  ____

       POM-394. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Kentucky; to the Committee 
     on Environment and Public Works.

                              ``Resolution

       ``Whereas, the United States Army Corps of Engineers has 
     decided to impose user fees upon the citizenry who have 
     historically enjoyed these public recreational facilities 
     without charge at lakes operated by the Corps; and
       ``Whereas, the Corps is not mandated under current federal 
     law to assess user fees; and
       ``Whereas, the funds received from user fees collected 
     nationally would represent only the nominal amount of $20 
     million; and
       ``Whereas, the user fees would represent an undue financial 
     burden upon many who would have no place to recreate without 
     such facilities provided gratis, including the working poor, 
     the elderly, and young families; and
       ``Whereas, the Corps has not adequately explored other 
     revenue-enhancing measures for these facilities, nor has it 
     demonstrated conclusively the need for increased revenue; and
       ``Whereas, the Corps made its decision to assess user fees 
     without public input and in clear violation of the very 
     democratic principles that empower the government and public 
     to whom the Corps is subservient and accountable; and
       ``Whereas, the Corps is charged with the responsibility of 
     operating public recreational facilities that are located on 
     public lands, which, by definition, are owned by the public; 
     and
       ``Whereas, the imposition of unnecessary, disruptive, 
     egregious fees upon the very public that is the true owner of 
     these lands stands in clear violation of the spirit and 
     intent of the laws which created these facilities; now, 
     therefore,
       ``Be it resolved by the Senate of the General Assembly of 
     the Commonwealth of Kentucky:
       ``Section 1. That the Commonwealth of Kentucky respectfully 
     requests and petitions the United States Army Corps of 
     Engineers to rescind its decision to impose user fees at 
     swimming beaches, boat docks and marinas, shelters, and 
     picnic grounds at park and recreational facilities operated 
     by the Corps.
       ``Section 2. That the Clerk of the Senate is directed to 
     send copies of this Resolution to the Clerk of the U.S. House 
     of Representatives; to the Secretary of the U.S. Senate; to 
     Headquarters; U.S. Army Corps of Engineers, Washington, D.C. 
     20314-1000; and to the Louisville Office, U.S. Army 
     Engineering District, P.O. Box 59, Louisville, KY 40201.''
                                  ____

       POM-395. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Finance.

                  ``Senate Concurrent Resolution 1018

       ``Whereas, Arizona recognizes the need for a strong federal 
     highway trust fund; and
       ``Whereas, large-scale rehabilitation, repair and capacity 
     improvements are ongoing necessities of the national highway 
     and airway transportation systems; and
       ``Whereas, the highway and airway transportation systems 
     are two of the most critical components of the physical 
     infrastructure of the United States of America; and
       ``Whereas, there is a growing and concentrated national 
     consensus for programs to serve the country's highway and 
     airway transportation needs through the year 2020; and
       ``Whereas, high-quality highways and airports are critical 
     to the ability of manufacturers to build and deliver products 
     and to the ability of states and communities to attract new 
     industry and sustain economic growth; and
       ``Whereas, the competitive position of the individual 
     states and the nation in international trade is directly 
     related to the quality of access to airports and the 
     interstate highway system and the physical condition of those 
     airports, interstates and primary highways; and
       ``Whereas, in recent federal aid highways acts, the United 
     States Congress has been required to include provisions for 
     extending the highway trust fund and the taxes that fund it; 
     and
       ``Whereas, a buildup of the highway trust fund has 
     occurred, in part, because of obligation ceilings that have 
     been imposed by the appropriation process, causing limits to 
     be placed on the amount of money that states can commit each 
     year to transportation projects; and
       ``Whereas, federal highway trust funds have been 
     historically supported by the federal motor fuel tax obtained 
     from highway users; and
       ``Whereas, in recent years, aviation and highway trust 
     funds have been included in the sequestration of funds that 
     are being used as a means to reduce the federal deficit; and
       ``Whereas, the removal of the highway trust fund from the 
     federal unified budget would provide more than ten billion 
     dollars for transportation projects, of which approximately 
     ninety-seven million five hundred thousand dollars would be 
     allocated to the state of Arizona that so vitally needs 
     transportation funds; and
       ``Whereas, the removal of the airport and airway trust fund 
     from the federal unified budget would provide approximately 
     eight billion dollars for the modernization of airports and 
     other improvements in the nation's aviation system, now 
     therefore,
       ``Be it resolved by the Senate of the State of Arizona, the 
     House of Representatives concurring:
       ``1. That the President of the United States and the United 
     States Congress make the highway trust fund, the airport and 
     airway trust fund and the user fees accruing to them a 
     permanent fund to ensure that reliable funding sources are 
     available for constructing, rehabilitating and otherwise 
     improving the highways, bridges and airports that are so 
     essential to the vigor of the State of Arizona and the 
     national economy.
       ``2. That the President of the United States and the United 
     States Congress protect the highway trust fund and the 
     airport and airway trust fund from predatory proposals to 
     divert users' revenues to programs entirely unrelated to the 
     transportation purposes for which the funds were established.
       ``3. That the United States Congress remove the federal 
     highway trust fund and the airport and airway trust fund from 
     the federal unified budget, release sequestered 
     transportation funds and remove forever the specter of using 
     dedicated highway or airway funds for budget reducing 
     measures, thus making those funds available for the purposes 
     that they were collected and intended, the nation's 
     transportation infrastructure.
       ``4. That the Secretary of State of the State of Arizona 
     transmit a certified copy of this Concurrent Resolution to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.''
                                  ____

       POM-396. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Finance.

                   ``House Concurrent Resolution 2007

       ``Whereas, it is necessary to enact the Social Security 
     Notch Adjustment Act to provide for an equitable adjustment; 
     and
       ``Whereas, in 1972 the United States Congress mandated that 
     social security benefits be increased automatically, which 
     was ultimately determined to be overgenerous in that it 
     double indexed the benefits of future retirees to reflect 
     both wage and price inflation; and
       ``Whereas, the Constitution and laws of the United States 
     prohibit age discrimination; and
       ``Whereas, in 1977 the United States Congress enacted 
     legislation creating a notch in social security benefits for 
     workers born in the years between 1917 and 1926; and
       ``Whereas, these ``notch babies'' do not receive social 
     security benefits for taxes and earnings prior to the age of 
     twenty-one or upon the age of sixty-two years; and
       ``Whereas, there is a penalty assessed against social 
     security benefits for earnings; and
       ``Whereas, in 1991, the penalty to citizens under the age 
     of sixty-five years was one dollar for every two dollars 
     earned over the amount of seven thousand eighty dollars and 
     the penalty to citizens over the age of sixty-five years was 
     one dollar for every three dollars earned over the amount of 
     nine thousand seven hundred twenty dollars; and
       ``Whereas, the social security trust fund is being used to 
     reduce the national debt, which misleads the public as to the 
     amount of the national debt; and
       ``Whereas, the social security trust fund is funded by our 
     citizens for the purpose of preserving monies for social 
     security benefits only; and
       ``Whereas, the United States Congress granted themselves 
     substantial pay raises in a questionable one day session 
     before their 1989 Thanksgiving recess; and
       ``Whereas, the Congress has improved their standard of 
     living while refusing to address this social security 
     discrimination that has drastically affected their 
     constitutents' standard of living, now therefore,
       ``Be it resolved by the Legislature of the State of 
     Arizona:
       ``1. That the members of the Legislature respectfully 
     request the One Hundred Second Congress of the United States, 
     during their 1991 session, to comply with the United States 
     Constitution and laws and end age discrimination by enacting 
     legislation to:
       ``(a) Provide equitable social security benefits to the 
     ``notch group'' of people born between the years of 1917 and 
     1926 that were earned before the age of twenty-one and upon 
     the age of sixty-two years.
       ``(b) Eliminate the discriminatory penalty on the earnings 
     of recipients of social security benefits.
       ``(c) Protect and preserve the social security trust fund 
     and discontinue the practice of misleading our citizens by 
     using the fund surplus to reduce the national debt.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent Resolution to the Speaker 
     of the United States House of Representatives, the President 
     of the United States Senate and each Member of the Arizona 
     Congressional Delegation.''
                                  ____

       POM-398. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Indian Affairs.

                  ``Senate Concurrent Resolution 1017

       ``Whereas, the people of the State of Arizona view with 
     concern the threatened reduction in services provided by the 
     Indian health service to member of Indian tribes of this 
     state; and
       ``Whereas, a reduction or a dismantling of health provider 
     services will significantly threaten the health of members of 
     Indian tribes of this state, now, therefore,
       ``Be it resolved by the Senate of the State of Arizona, the 
     House of Representatives concurring:
       ``1. That the Indian health service maintain its current 
     budget and service level in this state.
       ``2. That the Indian health service maintain it current 
     provider network on reservations in this state.
       ``3. That during the current congressional budget review 
     the Arizona congressional delegation make a unified effort to 
     increase funding by the Indian health service to Arizona 
     Indian tribes.
       ``4. That the Secretary of State of the State of Arizona 
     transmit a certified copy of this Concurrent Resolution to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives and each Member of the 
     Arizona Congressional Delegation.''
                                  ____

       POM-399. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Indian Affairs.

                  ``Senate Concurrent Resolution 1019

       ``Whereas, the Supreme Court of the United States, in Duro 
     v, Reina, 110 S. Ct. 205 (1990), 109 L.Ed. 2d 693 (1990), has 
     reversed two hundred years of the exercise of Indian tribes 
     of criminal misdemeanor jurisdiction over all Indians 
     residing on their reservations by ruling that tribes may only 
     retain power over Indians enrolled in their respective tribe; 
     and
       ``Whereas, this ruling displays a lack of understanding of 
     the reality, history and demographics of Indian country 
     including the fact that there are thousands of Indians living 
     on reservations who are not enrolled at their particular 
     reservation; and
       ``Whereas, a nonenrolled Indian may have lived on a 
     particular reservation for all of his or her life, may have 
     intermarried with an enrolled member, may have had children 
     with an enrolled member and may own land or property on a 
     reservation and not be an enrolled member at that particular 
     reservation; and
       ``Whereas, a nonenrolled Indian is eligible for all 
     programs that any Indian would be eligible for and is 
     essentially given all the benefits of membership in a 
     particular tribe including preference for employment; and
       ``Whereas, for the purpose of law enforcement, tribes have 
     never distinguished between enrolled and nonenrolled Indians; 
     and
       ``Whereas, the United States Supreme Court ruling has 
     created an entire class of people over whom neither the 
     federal, state or tribal government has jurisdiction for 
     misdemeanor crimes, thereby creating a potential for serious 
     lawlessness; and
       ``Whereas, the State of Arizona does not have funding 
     available to hire the extra police officers, investigators, 
     prosecutors and judges that would be necessary to prosecute 
     misdemeanor crimes committed by Indians within the boundaries 
     of Indian reservations, nor are there funds available to 
     construct additional jails to house those who are convicted. 
     Even if funds were available, tribal governments may not be 
     able to successfully assert jurisdiction over all Indians 
     residing on a particular reservation if jurisdiction depends 
     on whether they are enrolled members of that tribe; and
       ``Whereas, the nontaxable status of reservation trust lands 
     combined with the relative poverty of most Indian people make 
     it difficult to offer any opportunity to raise the additional 
     revenue that would be required to take over such a large job 
     if jurisdiction were established; and
       ``Whereas, the United States Supreme Court indicated that 
     it is the responsibility of the U.S. Congress to address any 
     void in jurisdiction that may result from this ruling, now 
     therefore,
       ``Be it resolved by the Senate of the State of Arizona, the 
     House of Representatives concurring:
       ``1. That the United States Congress be commended for 
     passing Sections 8077 (b) and (c) of P.L. 101-511, signed by 
     the President of the United States on November 5, 1990, that 
     temporarily affirmed that tribes retain criminal misdemeanor 
     jurisdiction over all Indians within the boundaries of the 
     reservations and on lands of the tribes and urges the U.S. 
     Congress to make this provision of P.L. 101-511 permanent 
     law.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Concurrent Resolution to the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives and each Member of the 
     Arizona Congressional Delegation.''

                          ____________________