[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.

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