[Congressional Record Volume 141, Number 196 (Monday, December 11, 1995)]
[Senate]
[Pages S18363-S18364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

       By Mr. DOMENICI (for himself and Mr. Bingaman):

  S. 1464. A bill for the relief of certain former employees of the 
United States whose firefighting functions were transferred from the 
Department of Energy to Los Alamos County, NM; to the Committee on 
Governmental Affairs.

                  LOS ALAMOS FIREFIGHTERS LEGISLATION

  Mr. DOMENICI. Mr. President, I introduce legislation that will enable 
the Federal Government to fulfill an outstanding obligation to a small, 
dedicated group that has committed years of service in the national 
interest.
  In 1989, firefighting responsibilities in Los Alamos, NM, were 
transferred from the Department of Energy to Los Alamos County. The 
transfer was part of a larger, continuing effort to divest the Federal 
Government of functions normally performed by State and local 
government that the Federal Government has performed in Los Alamos 
since the Manhattan Engineering District assumed control of all 
activities at Los Alamos during World War II.
  The transfer affected 43 firefighters who, after years of Federal 
service that for many of them began in Viet Nam, became Los Alamos 
County employees. At the time, the firefighters were told by the 
Department of Energy that they would be transferred ``as whole,'' 
meaning they would lose no benefits. Unfortunately, that did not happen 
largely due to changes in administration at the Department of Energy 
and Los Alamos County.
  Each firefighter received a severance payment, in accordance with 
normal practice, that included reimbursement for moneys each had 
contributed to the Federal retirement system. However, that payment was 
significantly less than the amount required to purchase service time in 
the retirement program available to Los Alamos County employees 
equivalent to their time of Federal service.
  The result is straightforward; these firefighters, who continue to 
perform exactly the same work today as when they were Department of 
Energy employees, have lost the majority of their retirement because 
the Federal Government has failed to meet its obligation to transfer 
them ``as whole.'' These are dedicated workers who continue to provide 
vital firefighting service to Los Alamos County and the Los Alamos 
National Laboratory. They should be treated fairly.
  The legislation I am introducing today would remedy this unfairness. 
It would direct the Federal Government pay to the firefighters current 
State retirement program a sum that when combined with the severance 
payment made to the firefighters upon their transfer would provide the 
firefighters with a service credit in the State program equivalent to 
their Federal time of service. The result would be that the 
firefighters retirement would not be impacted by the change from 
Federal to county status.
  Mr. President, there is some urgency to this matter. A number of 
these firefighters are approaching retirement age. Without the benefits 
of this legislation, they will be entitle to almost no retirement 
benefits when they reach the mandatory retirement age for firefighters.
  I hope my colleagues will give prompt and considered attention to 
this matter.
 Mr. BINGAMAN. Mr. President, I am pleased to join with my 
friend and colleague, the senior Senator from New Mexico, Senator 
Domenici, in introducing legislation today that will fairly compensate 
a group of dedicated former Federal employees for the loss of 
retirement benefits that they experienced as a result of the transfer 
of their duties from the Department of Energy to the County of Los 
Alamos, NM.
  Mr. President, in 1989, the responsibility for the Los Alamos Fire 
Department, which jointly serves the Los Alamos National Laboratories 
and Los Alamos County municipality, was transferred from the Department 
of Energy to the county. As a result of the transfer, some of these 
firefighters lost more than $20,000 in retirement funds that they had 
accrued with the Federal Government. And, as a result of the transfer, 
these individuals, who have served an average of 15 years with the 
Department of Energy, no longer have retirement benefits. Clearly, this 
is a situation that must be remedied as soon as possible.
  Mr. President, with the support of Senator Domenici I am sure that we 
will finally be able to provide these firefighters with the 
compensation for lost retirement benefits they have incurred as a 
result of the transfer of their responsibilities from the Federal 
Government to the State of New Mexico and I look forward to working for 
the prompt consideration and passage of this legislation.
                                 ______

      By Mr. BURNS (for himself and Mr. Baucus):
  S. 1467. A bill to authorize the construction of the Fort Peck Rural 
County Water Supply System, to authorize assistance to the Fort Peck 
Rural County Water District, Inc., a nonprofit corporation, for the 
planning, design, and construction of the water supply system, and for 
other purposes; to the Committee on Energy and Natural Resources.


       the fort peck rural county water supply system act of 1995

 Mr. BURNS. Mr. President, in July; I introduced S. 1154, a 
bill to authorize construction of the Fort Peck Rural County Water 
Supply System in Valley County, MT. Since the introduction of this 
bill, my staff has been meeting with the Senate Energy Committee staff 
concerning the bill and its provisions. In addition, I have had 
discussions with the other members of the Montana congressional 
delegation about this urgent situation under which hundreds of people 
must haul their water supplies for miles because of the contamination 
of the ground water. Based on all of these discussions, the legislation 
has been redrafted for reintroduction today to reflect the comments of 
the Energy Committee staff. I want to thank Chairman Murkowski and his 
staff for their help in streamlining this bill. I am pleased to be 
joined in the sponsorship of this bill by my colleague, Senator Baucus. 
I appreciated his assistance with this measure. An identical bill will 
also be introduced in the House of Representatives by Representative 
Pat Williams. The Montana delegation is unified in our efforts to 
obtain congressional authorization for this rural water system to help 
this depressed area of our State. We look forward to working with 
Senator Murkowski to move this bill to hearings and a markup.
  Mr. President, I ask unanimous consent that the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S18364]]


                                S. 1476

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Peck Rural County Water 
     Supply System Act of 1995''.

     SEC. 2. DEFINITIONS.

       For the purposes of this Act:
       (1) Construction.--The term ``construction'' means such 
     activities associated with the actual development or 
     construction of facilities as are initiated on execution of 
     contracts for construction.
       (2) District.--The term ``District'' means the Fort Peck 
     Rural County Water District, Inc., a non-profit corporation 
     in Montana.
       (3) Feasibility study.--The term ``feasibility study'' 
     means the study entitled ``Final Engineering Report and 
     Alternative Evaluation for the Fort Peck Rural County Water 
     District'', dated September 1994.
       (4) Planning.--The term ``planning'' means activities such 
     as data collection, evaluation, design, and other associated 
     preconstruction activities required prior to the execution of 
     contracts for construction.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Water supply system.--The term ``water supply system'' 
     means the Fort Peck Rural County Water Supply System, to be 
     established and operated substantially in accordance with the 
     feasibility study.

     SEC. 3. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.

       (a) In General.--Upon request of the District, the 
     Secretary shall enter into a cooperative agreement with the 
     District for the planning, design, and construction by the 
     District of the water supply system.
       (b) Service Area.--The water supply system shall provide 
     for safe and adequate rural water supplies under the 
     jurisdiction of the District in Valley County, northeastern 
     Montana (as described in the feasibility study).
       (c) Amount of Federal Contribution.--
       (1) In general.--Subject to paragraph (3), under the 
     cooperative agreement, the Secretary shall pay the Federal 
     share of--
       (A) costs associated with the planning, design, and 
     construction of the water supply system (as identified in the 
     feasibility study); and
       (B) such sums as are necessary to defray increases in the 
     budget.
       (2) Federal share.--The Federal share referred to in 
     paragraph (a) shall be 80 percent and shall not be 
     reimbursable.
       (3) Total.--The amount of Federal funds made available 
     under the cooperative agreement shall not exceed the amount 
     of funds authorized to be appropriated under section 4.
       (4) Limitations.--Not more than 5 percent of the amount of 
     Federal funds made available to the Secretary under section 4 
     may be used by the Secretary for activities associated with--
       (A) compliance with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (B) oversight of the planning, design, and construction by 
     the District of the water supply system.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $5,800,000, to remain available until expended. The funds 
     authorized to be appropriated may be increased or decreased 
     by such amounts as are justified by reason of ordinary 
     fluctuations in development costs incurred after October 1, 
     1994, as indicated by engineering cost indices applicable to 
     the type of construction project authorized under this Act. 
     

 Mr. BAUCUS. Mr. President, today, I am pleased to join Senator 
Burns in introducing legislation to ensure that the over 500 people who 
live near Fort Peck Reservoir have a safe, dependable domestic water 
supply. Currently those who live adjacent to one of the largest bodies 
of water ever developed by the Federal Government in the West, the Fort 
Peck Reservoir, are forced to travel many miles several times a week to 
fill tanks and barrels for their domestic water use.
  This bill will authorize the development of a rural municipal water 
system for the residents of the Fort Peck Rural Water District in 
northeastern Montana. The project will tap into Fort Peck Reservoir to 
construct a safe and reliable drinking system for both municipal and 
agricultural purposes. It will also enable this scenic area of Montana 
to attract economic development which has been stifled due to the lack 
of water.
  I propose that this project be a partnership between the Federal 
Government, the State of Montana, and local interests. The State and 
local groups will contribute 20 percent of the cost of the project's 
completion. A needs assessment and feasibility study conducted by the 
Bureau of Reclamation [BOR] has completed a needs assessment and 
feasibility study that estimates the total Federal expenditure will be 
less than $6 million.
  If we can afford to spend millions of dollars developing domestic 
water supplies in other nations around the world, we can and should be 
able to do the same for Montanans.
  I urge the committee to take prompt action on this critical measure 
and will work toward expeditious passage through the full 
Senate.

                          ____________________