[Congressional Record Volume 141, Number 145 (Monday, September 18, 1995)]
[Senate]
[Pages S13710-S13712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1996

  The Senate continued with the consideration of the bill.
  Mr. DOLE. Mr. President, let me again remind my colleagues on both 
sides of the aisle, the managers of the Agriculture appropriations bill 
are on the floor. They have been on the floor throughout the day.
  There are Members here who have amendments who, for some reason, are 
holding back offering those amendments. Let me repeat what I tried to 
indicate this morning, that if we can complete action on the six 
remaining appropriations bills this week and by the 30th of next week, 
by next Saturday, a week from this coming Saturday, we would, I think, 
be prepared to take the next week off, plus Columbus Day.
  That is if we complete action on the appropriations. I do not mean 
complete the conference but complete action in the Senate Chamber so 
that either will be ready for conference as soon as we return.
  We are trying to avoid the so-called train wreck come October 1, 
which I think can be avoided fairly easily.
  I know some of my colleagues are around but they just have not come 
to the floor. It is very difficult for the managers to proceed with the 
bill.
  If we finish this bill, this will be No. 8 out of 13. Then we will 
move to another appropriations bill, hopefully do three this week and 
three next week. But the managers of the bill cannot move unless they 
have the cooperation from Members.
  Members sometimes are hard to move, but if you intend to offer an 
amendment to this bill, I would say to my colleagues on both sides of 
the aisle, please cooperate. We are only trying to accommodate the 
requests of many, many Senators the week of October 1. But we cannot 
accommodate those Senators unless we have the cooperation of all of our 
colleagues. There will be a vote sometime this afternoon, about 5:30.
  Mr. COCHRAN. If the distinguished leader would yield, I can say that 
we are trying to reach an agreement on a vote at a time certain later 
this afternoon, certainly not before 5:30. 

[[Page S 13711]]

  There is an indication that we could have a debate and a vote on the 
promotion program amendment which would be offered by the Senator from 
Nevada and the Senator from Arkansas, but that vote could occur as late 
at 8 o'clock, we are told.
  We are trying to work out an agreement on what our options are. We 
would like to have a vote later this evening.
  Mr. DOLE. Third reading would be one option. Can we go to third 
reading?
  Mr. COCHRAN. I do not think that is appropriate since we have 
amendments where the yeas and nays have been ordered but we agreed that 
the votes will not occur until tomorrow.
  We have two amendments by Senator Brown from Colorado where the yeas 
and nays have already been ordered. We also have an agreement that has 
been entered into regarding an amendment by the Senator from 
California, Senator Boxer, where the vote will occur tomorrow afternoon 
after we have completed action on the welfare bill.
  So we have made progress. Senators have cooperated. We do have 
outstanding amendments, and we appreciate your suggestion that those 
Senators who do want to offer amendments come and offer them and talk 
about them, and we will have a vote on one tonight and stack the rest 
of the votes for tomorrow.
  Mr. DOLE. In addition, if they have an amendment, it may be some of 
the same Senators that had asked me about that first week in October. 
So I will keep that in mind when they come around the next time.
  Mr. BUMPERS. Mr. President, in relationship to the discussion, I 
think Senator Bob Kerrey has an amendment that is supposed to be on the 
floor at 5:30 to debate the amendment.
  The distinguished chairman of the committee has suggested that we 
vote on the committee amendment, but I am also told that the committee 
amendment contains not only the disaster relief as proposed by the 
chairman, but also the provision that Senator Boxer objects to.
  We could bifurcate.
  Mr. COCHRAN. We would not want to vote on the one relating to the 
poultry issue that Senator Boxer is interested in, only that relating 
to the disaster assistance for cotton farmers.
  Mr. BUMPERS. Frankly, I think it is important we tell people we are 
going to start voting sometime after 5:15, that we start voting. I am 
hoping we can vote either on the Kerrey amendment or the committee 
amendment.
  Senator Bob Kerrey is supposed to be on the floor at 5:30. If he is, 
we will work out an agreement. If he wants to vote right then, first, 
that is fine. It is fine with the chairman. Then we will vote on that 
part of the committee amendment.
  Mr. COCHRAN. We do not have to vote on both of them.
  Mr. BUMPERS. That is right.
  Mr. DOLE. Or we could vote first and then hear the amendment.
  Mr. BUMPERS. In any event, I hope we start voting here. Senator 
Cochran and I have waited patiently here all day long with not some 
grace, but, in any event, we have been here.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. BROWN. Mr. President, I ask unanimous that the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Kyl). Without objection, it is so ordered.
  Mr. BROWN. Mr. President, I ask unanimous consent that I be allowed 
to vitiate the yeas and nays on my amendment No. 2689.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                    Amendment No. 2689, as Modified

  Mr. BROWN. Mr. President, I now will modify my amendment, provided 
the amendment has been delivered to the desk, and ask that it be 
considered as an amendment to the bill, not the committee amendment as 
previously.
  The PRESIDING OFFICER. Is there objection?
  Mr. FORD. Mr. President, reserving right to object, I will not 
object.
  The PRESIDING OFFICER. The Chair will indicate that this does not 
require unanimous consent.
  Mr. FORD. I understand the Chair. The Senator has the right to modify 
his amendment without asking unanimous consent. I will not object.
  The amendment (No. 2689), as modified, is as follows:
       At the appropriate place in the bill, insert the following:
       ``It is the Sense of the Senate that the current statute 
     establishing the Tobacco Marketing Assessment, which raises 
     revenues used solely for deficit reduction purposes and not 
     in any manner to offset the costs of the tobacco program, 
     should be amended to require that the current assessment be 
     set at a level sufficient to cover the administrative costs 
     of the tobacco program.''
  The PRESIDING OFFICER. The Senator from Kentucky is recognized.
  Mr. FORD. I thank the Chair.
  Mr. President, let me express my appreciation to the Senator from 
Colorado for his working with Members this evening in order to arrive 
at what we think is a reasonable conclusion to his desire. I think and 
hope that it will reach what he is attempting to reach without having a 
confrontation. He has been very gentlemanly about it, and I do 
appreciate it. I hope that and believe that both sides will accept his 
amendment now and that we can move on to other amendments.
  I thank the Chair. I thank the Senator from Colorado.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. BROWN. Mr. President, I want to extend my thanks to both Senators 
from Kentucky; Senator Ford, who is here, and has been so helpful. I 
might say that the Senator was expanding on the information that I got 
from the Congressional Budget Office, which was not clear, that the 
tobacco program has people who are paid for their grading and 
inspection already. I think that needs a clarification, and the Record 
should clearly reflect it.
  I think it is also appropriate to note the existence of a payment to 
reduce the deficit which has been made by the program. This amendment's 
clear policy is that this ought to be approved--no-cost-to-the-
Government provision--that it makes it clear in drafting the new farm 
program, or revising the existing farm program, that both the deficit 
reduction effort, as well as the administrative costs, which my 
amendment was concerned with, ought to all be completely paid for. I 
think that this is very helpful in that regard.
  I yield the floor, Mr. President.
  The PRESIDING OFFICER. Without objection, amendment No. 2689, as 
modified, is agreed to.
  So, the amendment (No. 2689), as modified, was agreed to.
  Mr. BROWN. Mr. President, I rise to offer an amendment and ask 
unanimous consent to set aside the pending committee amendment so it 
may be offered to the underlying bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2690

(Purpose: To limit the use of funds by the Department of Agriculture to 
 activities that do not interfere with the primacy of State water law)

  Mr. BROWN. Mr. President, I send an amendment to the desk and ask for 
its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Colorado [Mr. Brown] proposes an amendment 
     numbered 2690.
       Insert at page 84, between line 2 and line 3:
       Sec. 730. None of the funds available in this Act shall be 
     used for any action, including the development or assertion 
     of any position or recommendation by or on behalf of the 
     Forest Service, that directly or indirectly results in the 
     loss of or restriction on the diversion and use of water from 
     existing water supply facilities located on National Forest 
     lands by the owners of such facilities, or result in a 
     material increase in the cost of such yield to the owners of 
     the water supply; Provided: nothing in this section shall 
     preclude a mutual agreement between any agency of the 
     Department of Agriculture and a state or local governmental 
     entity or private entity or individual.

  Mr. BROWN. Mr. President, this amendment has been improved by the 
helpful suggestions of the Senator from Arkansas.
  What it is meant to do is address a rather unusual occurrence that 
happened several years ago; that is, water supplies, drinking water 
being delivered from reservoirs in the mountains of Colorado, being 
delivered to the cities on the plains which crossed Federal ground.
  The Forest Service at one point had suggested that literally the 
cities 

[[Page S 13712]]
would have to forfeit a third, a half, a tenth, some portion of their 
water to be allowed to get a renewal of the existing permit to cross 
Federal ground. This was ironic because some of those permits predated 
the existence of the Forest Service itself.
  This approach was taken by the Forest Service, localized in Colorado, 
and not, at least at that point, in other States, thankfully, by other 
departments of the Federal Government. You can imagine this would cause 
enormous chaos. There is a law and body of case law that relates to 
this and recognizes States rights in this area.
  Let me emphasize, Mr. President, this phenomenon occurred where there 
was no change whatsoever anticipated in the use of the water or the 
means of transiting the Federal ground at all. All of us understand 
that there are important laws on the books that grant broad authority 
and grant new permits to either use or cross Federal ground. But this 
phenomenon had occurred at a point where they were talking about simply 
renewing an existing permit with no change whatsoever. The policy 
literally called into question then the water rights throughout almost 
all of the State.
  As a matter of fact, if followed in other States, it could have 
endangered not only water rights throughout the entire West but 
property rights for States and citizens and municipalities throughout 
the entire Nation because, of course, once one is allowed to extract or 
extort concessions based on renewal of an existing permit without any 
changes, almost every city in the Nation has some vulnerability.
  This, I think, makes the policy clear that that kind of extortion 
will not take place.
  I want to thank both the Senator from Mississippi and the Senator 
from Arkansas for their help in crafting this limitation.
  Mr. COCHRAN. Mr. President, I congratulate the distinguished Senator 
from Colorado for his amendment and for his successful negotiation of 
the amendment with the administration. We are happy to recommend the 
approval of the amendment and hope the Senate will support it.
  Mr. BUMPERS. Mr. President, let me just echo the words of the 
distinguished Senator from Mississippi. The Senator from Colorado and 
several communities in Colorado have a very difficult problem in 
renewing easements and rights-of-way on municipal water supplies which 
cross Federal lands. Those are up for renewal.
  I happen to come down very strongly on the human needs side when 
issues like this arise. It is not that there are not other problems 
that can and should be addressed in order to accommodate the future of 
those lines for the benefit of both parties, and that is the reason I 
personally favor and the administration favors the provision in this 
amendment that as long as both parties voluntarily agree to changes 
which are beneficial to both, that is fine. But frankly, the Federal 
Government and Forest Service should not have the right to be arbitrary 
or capricious in renewing these rights-of-way which are critical to the 
very existence of some of these communities.
  The Senator from Colorado has my gratitude for offering it, and I am 
happy that we were able to work out this language. We have no objection 
to the amendment.
  The PRESIDING OFFICER. Is there further debate on the amendment? If 
not, the question is on agreeing to the amendment.
  The amendment (No. 2690) was agreed to.
  Mr. BROWN. Mr. President, I move to reconsider the vote.
  Mr. BUMPERS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BUMPERS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. PRESSLER. Mr. President, I ask unanimous consent that the quorum 
call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRESSLER. Mr. President, I ask unanimous consent to speak for 5 
minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRESSLER. Thank you, Mr. President.

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