[Congressional Record Volume 140, Number 60 (Monday, May 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
SAFE DRINKING WATER ACT AMENDMENTS OF 1994
The PRESIDENT pro tempore. Under the previous order, the Senate will
now resume consideration of S. 2019, which the clerk will report.
The legislative clerk read as follows:
A bill (S. 2019) to reauthorize and amend Title XIV of the
Public Health Service Act (commonly known as the ``Safe
Drinking Water Act''), and for other purposes.
The Senate resumed consideration of the bill.
Mr. BAUCUS addressed the Chair.
The PRESIDENT pro tempore. The Senator from Montana.
Mr. BAUCUS. Mr. President, as the clerk has announced, we are now on
the Safe Drinking Water Act. This would be a good time for Senators to
bring over amendments. We all know that very often in life the early
bird gets the worm.
Under the Senate agreement, all amendments must be brought up by the
close of business on Wednesday, and we all know that sometimes there is
intervening business that pushes the ordinary agreed-upon business of
the Senate aside, which is another way of saying that if Senators plan
to bring up their amendments Tuesday or Wednesday, there may be less
time to bring them up and dispose of them on a very solid basis, with
full discussion on both sides. I say that in part because I believe
there are close to 100 amendments in the consent agreement. That is a
lot of amendments. I also say it because many of those amendments are
not described with any specificity. We do not know the contents of
those amendments. It would be helpful if they were brought up earlier
rather than later.
In addition, Mr. President, I might note that it is just after 2
o'clock. As manager of the bill, I have no intention of sitting here,
staying here in a quorum call for a long, extended period of time. If
amendments are not brought up by Senators or statements given by
Senators, or any other business with respect to this bill in the next
hour or so, it would be my disposition not to stay on this bill.
Senators would have had more than ample opportunity to bring their
amendments over here and have them dealt with on whatever basis the
Senate might find appropriate.
It is a good time for staffs to get together, to come over to the
floor and work with the committee staff to work out accommodations or
resolutions of some of those amendments. Mr. President, you have
managed bills and worked with the Senate and Senate schedules and know
that now is a good time to come over and offer amendments.
I strongly urge Senators to do so.
Mr. REID addressed the Chair.
The PRESIDENT pro tempore. The Senator from Nevada [Mr. Reid] is
recognized.
Amendment No. 1708
Mr. REID. Mr. President, I send an amendment to the desk and ask for
its immediate consideration.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
The Senator from Nevada [Mr. Reid], for himself and Mr.
Inouye, proposes an amendment numbered 1708.
Mr. REID. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The amendment is as follows:
On page 9, line 8, after the word ``Affairs'' insert the
following: ``and Indian Tribes.''
On page 9, line 11, after the word ``Affairs'' insert the
following: ``and Indian Tribes.''
Mr. REID. Mr. President, Congress in its daily routine of
deliberating and passing legislation, especially environmental
legislation such as the Safe Drinking Water Act, being dealt with on
the floor today, makes decisions that affect hundreds of thousands of
members of Indian tribes across the country, and certainly thousands of
people in the State of Nevada.
We have, in the past, often failed to give adequate recognition to
this fact and to provide the tribes in Nevada and other places with a
basis for direct involvement in these major decisions that affect their
economic and social well-being.
In doing so, we have deprived the Indian tribes of this country of
their sovereignty, their basic right to be involved in the
decisionmaking process.
The amendment before the Senate today invokes protection of tribal
sovereignty and affords a tribal consultation role in the decisions
that may affect public health concerns associated with public water
systems.
Mr. President, on April 29, 1994, just a matter of a few days ago,
the President of the United States signed a memorandum that affirms the
executive branch department heads and agencies that allow Government
and Government relationships between the Indian tribes and the United
States. The memorandum, among other things, states:
As executive departments and agencies undertake activities
affecting native American tribal rights or trust resources,
such activities should be implemented in a knowledgeable,
sensitive manner respectful of tribal sovereignty.
Mr. President, this memorandum outlines principles that the executive
branch departments and agencies, including every component bureau and
office, are to follow on their interactions with native American tribal
governments. The memorandum provides that ``each executive department
and agency shall consult. * * * with the tribal government prior to
taking actions that affect federally recognized tribal governments.''
Mr. President, I ask unanimous consent that a copy of the memorandum
to the heads of executive departments and agencies, as I indicated,
signed April 29 by the President, William Clinton, be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The White House,
Office of the Press Secretary,
April 29, 1994.
Memorandum for the Heads of Executive Departments and
Agencies.
Subject: Government-to-Government relations with Native
American Tribal Governments.
The United States Government has a unique legal
relationship with Native American tribal governments as set
forth in the Constitution of the United States, treaties,
statutes, and court decisions. As executive departments and
agencies undertake activities affecting Native American
tribal rights or trust resources, such activities should be
implemented in a knowledgeable, sensitive manner respectful
of tribal sovereignty. Today, as part of an historic meeting,
I am outlining principles that executive departments and
agencies, including every component bureau and office, are to
follow in their interactions with Native American tribal
governments. The purpose of these principles is to clarify
our responsibility to ensure that the Federal Government
operates within a government-to-government relationship with
federally recognized Native American tribes. I am strongly
committed to building a more effective day-to-day working
relationship reflecting respect for the rights of self-
government due the sovereign tribal governments.
In order to ensure that the rights of sovereign tribal
governments are fully respected, executive branch activities
shall be guided by the following:
(a) The head of each executive department and agency shall
be responsible for ensuring that the department or agency
operates within a government-to-government relationship with
federally recognized tribal governments.
(b) Each executive department and agency shall consult, to
the greatest extent practicable and to the extent permitted
by law, with tribal governments prior to taking actions that
affect federally recognized tribal governments. All such
consultations are to be open and candid so that all
interested parties may evaluate for themselves the potential
impact of relevant proposals.
(c) Each executive department and agency shall assess the
impact of Federal Government plans, projects, programs, and
activities on tribal trust resources and assure that tribal
government rights and concerns are considered during the
development of such plans, projects, programs, and
activities.
(d) Each executive department and agency shall take
appropriate steps to remove any procedural impediments to
working directly and effectively with tribal governments on
activities that effect the trust property and/or government
rights of the tribes.
(e) Each executive department and agency shall work
cooperatively with other Federal departments and agencies to
enlist their interest and support in cooperative efforts,
where appropriate, to accomplish the goals of this
memorandum.
(f) Each executive department and agency shall apply the
requirements of Executive Orders Nos. 12875 (``Enhancing the
Intergovernmental Partnership'') and 12866 (``Regulatory
Planning and Review'') to design solutions and tailor Federal
programs, in appropriate circumstances, to address specific
or unique needs of tribal communities.
The head of each executive department and agency shall
ensure that the department or agency's bureaus and components
are fully aware of this memorandum, through publication or
other means, and that they are in compliance with its
requirements.
This memorandum is intended only to improve the internal
management of the executive branch and is not intended to,
and does not, create any right to administrative or judicial
review, or any other right or benefit or trust
responsibility, substantive or procedural, enforceable by a
party against the United States, its agencies or
instrumentalities, its officers or employees, or any other
person.
The Director of the Office of Management and budget is
authorized and directed to publish this memorandum in the
Federal Register.
WILLIAM J. CLINTON.
Mr. REID. Mr. President, in short, this amendment seeks to ensure
that the rights of sovereign tribal governments are fully respected, as
the memorandum outlines. This amendment ensures that Indian tribes are
consulted in determining the use of funds to address the most
significant threats to the public health associated with public water
systems, and the amendment also enables Indian tribes to assist in the
preparation of needs assessment of a public water system.
Mr. President, it is my understanding this amendment has been cleared
on both sides of the aisle. I hope that my colleagues will join in
giving the Indian tribes a definite consultative role in this most
important matter.
If the managers will accept the amendment, I have nothing further. If
they will not, then I ask for a vote on Wednesday night.
The PRESIDENT pro tempore. The Senator from Montana.
Mr. BAUCUS. Mr. President, I think we could work this amendment out.
It is my understanding it is just a word that is in question. I think
it is ``or their representatives.''
Mr. REID. Senator Inouye and I would not accept that suggested
change. We do not need to debate it here now, Mr. President. Right now
that is the whole problem the Indian nation has, that someone else is
doing the work for them. We want this work to be done directly with the
Indian tribes.
So we will be happy to let the amendment stand, and if we can work
something out prior to Wednesday, fine; otherwise, we will work on it.
Mr. BAUCUS. I do not see the ranking member of the committee on the
floor now. I am uncertain. as I say to my good friend from Nevada, I do
not see the ranking member of the committee here. I cannot at this
point represent it has been cleared on the Republican side.
Mr. REID. We followed the suggestion of the chairman and offered our
amendment. We will be happy to await his arrival.
Mr. BAUCUS. I very much appreciate it. Perhaps the Senator could wait
briefly until we can check to see whether it has been cleared on the
Republican side.
Mr. REID. I have to do something outside in the reception area, and
then I have a statement, if there is no other business on the floor,
that I wish to give anyway. So I will be right back.
Mr. BAUCUS. Does the Senator then wish to go into a quorum call
pending the resolution of his amendment?
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDENT pro tempore. The absence of a quorum has been
suggested. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The Senator from Nevada.
Mr. REID. Mr. President, I ask unanimous consent that I be allowed to
proceed as if in morning business.
The PRESIDENT pro tempore. For how long would the Senator request?
Mr. REID. I would ask for 15 minutes.
The PRESIDENT pro tempore. Without objection, it is so ordered.
The Senator from Nevada [Mr. Reid], is recognized for not to exceed
15 minutes as in morning business.
____________________