[Congressional Record Volume 142, Number 32 (Monday, March 11, 1996)]
[Senate]
[Pages S1675-S1678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Amendments Nos. 3468 and 3469, en bloc
(Purpose: To appropriate $2.8 million to the United States Fish and
Wildlife Service for upper basin water storage in order to prevent
flooding on its land in the Devils Lake Basin in North Dakota, which
funds are designated by Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of 1985)
(Purpose: To appropriate $10 million to the Economic Development
Administration for assistance to prevent flooding in the North Dakota's
Devils Lake Basin, which funds are designated by Congress as an
emergency requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985)
Mr. DORGAN. Mr. President, I send two amendments to the desk and ask
for their immediate consideration.
The PRESIDING OFFICER. Does the Senator ask unanimous consent to set
aside the Daschle amendment?
Mr. DORGAN. Yes.
The PRESIDING OFFICER. And consider these amendments en bloc?
Mr. DORGAN. Mr. President, I ask unanimous consent to set aside the
pending amendment and that these two amendments be considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The assistant legislative clerk read as follows.
The Senator from North Dakota [Mr. Dorgan], for himself and
Mr. Conrad, proposes en bloc amendments numbered 3468 and
3469.
Mr. DORGAN. Mr. President, I ask unanimous consent the amendments be
considered as read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
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amendment no. 3468
On page 740, line 6, strike ``$32,000,000'' and insert in
lieu thereof ``$34,800,000''.
On page 740, line 8 after the word ``nature'' add a comma
and insert ``and to protect natural resources in the Devils
Lake Basin in North Dakota''.
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amendment no. 3469
On page 734, after the comma at the end of line 22, insert
the following, ``and in the Devils Lake Basin in North
Dakota''.
On page 734, line 23, strike ``$15,000,000'' and insert in
lieu thereof ``$25,000,000''.
On page 735, line 1, strike ``$1,500,000'' and insert in
lieu thereof ``$2,500,000''.
Mr. DORGAN. Mr. President, I know the chairman of the Appropriations
Committee is in the Chamber and he has worked with us on these two en
bloc amendments, as has Senator Byrd and other members of the Senate
Appropriations Committee.
These two amendments very simply say that we would provide some
resources to the Fish and Wildlife Service for some upper basin water
storage in an area where there is flooding, rather severe flooding that
is causing substantial difficulties in the Devils Lake Basin, and the
second amendment provides $10 million from EDA to the State to be an
administering agency to deal with the same contingency plans with
respect to this flooding.
We have worked extensively with the Appropriations Committee. The
Senator from Oregon [Mr. Hatfield] has been most cooperative, as have
Senator Byrd and other members of the committee. I hope, without taking
more of the Senate's time, the Senate will act favorably on these two
amendments. I offer them on behalf of myself and my colleague, Senator
Conrad, who has joined me in working on these two amendments with the
Senate Appropriations Committee.
These amendments address disaster and hazard mitigation assistance
for the Devils Lake Basin in North Dakota. We believe the situation in
North Dakota is unique. Unlike most disasters, the one in Devils Lake
is predictable and preventable. Under our amendments, emergency funds
will be provided to Devils Lake through three Federal agencies: the
Economic Development Administration, the Fish and Wildlife Service, and
HUD through its Community and Development Block Grant Program. With the
adoption of these three amendments, we can go a long way toward
preventing a flooding disaster in the Devils Lake Basin. And by acting
now, rather than waiting for the disaster to occur, we can save
millions of Federal dollars over the long term.
Devils Lake is a 3,810-square-mile closed basin. Water from
surrounding land and tributaries flows into the lake where it remains
because there is no outlet. As a consequence, rising lake levels pose a
serious and immediate threat to the Devils Lake Sioux Tribe and to the
health and economic welfare of the many families and businesses located
in the Devils Lake Basin.
After last year's flood, an Interagency Task Force on the Devils Lake
Basin was established to study the problems in the basin and to develop
coordinated strategies to address immediate threats and long range
solutions to the basin's problems. It was headed by the Federal
Emergency Management Agency [FEMA] and composed of Federal, State and
local officials as well as interested citizens. Simultaneously, the
Corps of Engineers was developing a flooding contingency plan for the
Devils Lake region. Both the Interagency Task Force report and the
corps' contingency plan were made available to the North Dakota
officials and the public in mid-February.
The corps' contingency plan clearly maps out hazard mitigation
efforts that need to be undertaken when Devils Lake rises by 1-foot
increments beginning at 1,436.5 feet. The National Weather Service
forecast issued on March 1 projects Devils Lake to rise to between
1,437.5 and 1,438 feet in June or July. To put the lake level rise in
perspective, total inflow to Devils Lake for the 2-year period between
1993-95 accounts for approximately 24 percent of all inflow to the lake
over the last 45 years, 1950 through May 31, 1995.
The unanticipated rise in the lake over the past 2-3 years is the
reason Senator Conrad and I are offering these amendments today. Devils
Lake has been a presidentially declared disaster each of the past 3
years. We have the opportunity today to prevent that from happening
this year, and we ask for your support. If we do not proceed
immediately to undertake the project outline in the corps' plan, it
could cost the Federal Government as much as $50 million more after the
flood occurs.
Three major areas have been identified by FEMA and the Corps of
Engineers to mitigate a flooding disaster in the Devils Lake Basin. I
would like to explain each of the three courses of action and their
importance to the citizens of the Devils Lake Basin.
1. Storage of Water in the Upper Basin
As mentioned above, Devils Lake is a closed basin. There is no
natural outlet and water continues to flow into the lake raising the
overall lake level. The upper basin storage project recommended by the
Federal Emergency Management Agency [FEMA] has recommended that 100,000
acre-feet of water be stored on upper basin lands as part of a
comprehensive strategy to deal with the unprecedented rise in water
levels in Devils Lake, thereby preventing a significant amount of water
from reaching the lake. The corps has identified several sites
available for storing water in the upper basin on both private and
public property. The proposed projects would entail developing small
storage sites such as potholes, swales, existing or new wetlands and
diverting water to other smaller lakes not in danger of flooding to
mitigate the continued rise and inevitable flooding of Devils Lake.
The Economic Development Agency has assured us it has the authority
to devote resources to the water storage project on private lands in
the upper basin. It is our intent that the State be the administering
agency for an EDA grant and that the customary Federal-State match be
applied for projects carried out by local districts.
The public storage project is to be undertaken on Fish and Wildlife
Service land and they have assured us they have the capability to
undertake the mitigation work outlined in the corps' plan immediately
upon receipt of the funding provided in these amendments. When these
two upper basin storage projects are completed, they will have a major
impact on holding back water from Devils Lake and preventing more
extensive flooding.
Again, I urge my colleagues to support this modest investment which
saves Federal dollars in the future.
2. Road Raises
The largest damage category to the Devils Lake region is the area of
transportation. Due to the lake's continual rise over the past several
years, many roads are in peril of being flooded while others have
already been abandoned. The Devils Lake road system is vital to the
continued survival of the residents and businesses in the area who rely
on these roads for all their transportation needs.
Key public services, particularly in terms of public health and
safety, such as emergency services, police, fire, ambulance, patient
access, school buses, commuter access to name a few would be literally
cut off if flooding occurs. As an example, data furnished by Mercy
Hospital and the Lake Region Clinic in Devils Lake show over 7,900
patients requiring medical assistance come from communities that rely
on public roads which would be impassible when flooding occurs.
Likewise, businesses in the area would be devastated without access to
supplies, deliveries and customers.
As a further demonstration of the critical need to keep the public
roads passable, one highway, Highway 20, averages 4,000 vehicles per
day. In addition, the main access road to the Devils Lake Sioux
Reservation, with a population of 3,588, is in danger of flooding. If
we fail to act now, most services to the reservation could be cut off,
posing a critical threat to the health and safety of the residents on
the reservation.
To prevent the crippling of transportation within the community, our
amendment will provide funding to move forward with the contingency
plan's specific recommendations for road raises. These road raises are
the life blood of the Devils Lake community's economic welfare and
stability. Construction must commence immediately before flooding makes
it impractical and the cost prohibitive. It is our intent that only
those road projects outlined by the Corps of Engineers in its
contingency plan will be undertaken with the money provided in these
amendments. Once again, the
[[Page S1677]]
Economic Development Administration has assured us it has the authority
to provide assistance for road raises under their emergency grant
program. It is our intention that the State be the administering
authority for these funds and that the customary Federal-State cost
share be applied for projects carried out by local governments.
It was our intention to offer a third amendment to assist with
relocation efforts through the community and development block grant.
However, firm numbers on the costs of relocation will not be available
until later this month. Therefore, we intend to enter into a colloquy
with Senators Hatfield, Byrd, Bond, and Mikulski to make it clear that
North Dakota, should it apply for funding under the $100,000,000 being
made available in this bill for the Community Development Block Grant
Program, will be able to receive relocation assistance, if the
President concurs that North Dakota should be designated as eligible
for emergency disaster assistance.
Even though we are not seeking additional funding for relocation
assistance in this bill, I would like to take a moment to detail North
Dakota's relocation problems.
The contingency plan identifies the number of dwellings within the
expanded flood plain that are in imminent danger of being destroyed
when the lake reaches levels between 1,435 to 1,440 feet elevation.
Since the lake is currently at an elevation level of 1,435.2, and is
predicted to rise to a level of 1,438 this spring, flooding of many of
these dwellings is all but certain.
The total number of individual dwellings identified in the
contingency plan which are in danger of flooding consists of 148 homes
and 4 apartment buildings totaling 90 units--a very significant number
of structures in a small city of 7,958 people.
The city of Devils Lake provides retail services to approximately
77,000 individuals in a radius of 60 miles, including 10,600 native
Americans. A survey conducted by the North Central Planning Council of
Devils Lake estimates that over 1,600 jobs would be lost if flooding is
allowed to occur. The overall economic impact of such a loss of
employment in a small rural community, coupled with loss of homes,
could devastate the region to such an extent that it may never fully
recover.
People rely on the stability of the community for jobs and services.
Flooding to this area could result in residents being forced to give up
their hard earned way of life and relocate to areas outside of Devils
Lake. This is simply not fair to hard working people who have built a
stable community that is being assaulted by nature. Our amendment can
prevent total dislocation from occurring. By providing relocation
assistance through the community development block grant, we can begin
moving residents and businesses from the flood plain to safer areas
within the community. Relocations efforts will help ensure the
continued economic viability of Devils Lake and save the Federal
Government millions of dollars in the process.
Senator Conrad and I ask for your support for these two amendments.
Working together, we can prevent an imminent flooding disaster from
occurring thereby saving the good people of Devils Lake, and saving the
Federal Government needless and more costly expenditures. The stability
and economic future of the Devils Lake Basin rests with this body.
In closing, there are many people I want to thank for their efforts
in working with us to formulate these amendments. First, I would like
to thank Senators Byrd and Hatfield and their remarkable staffs for
their support and invaluable assistance. I am especially grateful to
Jim English for his vigilance and help throughout the process, and to
Keith Kennedy for his support. I am also indebted to Senator Mikulski
and Senator Hollings and their staffs without whose efforts, we would
not be offering these amendments today. Particular thanks go to Scott
Gudes, Sue Massica, Sally Chadburn, Carrie Apostolou, Scott Corwin, and
Bruce Evans. Finally, I want to thank all the Federal agencies that
provided us good counsel and advice in a timely and professional
manner--the Economic Development Administration, the Fish and Wildlife
Service, HUD and FEMA, as well as the many State and local officials
and community leaders who helped in this endeavor. We are most grateful
for their invaluable assistance.
The PRESIDING OFFICER. The Chair recognizes the Senator from North
Dakota.
Mr. CONRAD. I thank the Chair and I thank my colleague, Senator
Dorgan. I rise today to join him in offering these amendments to cope
with an emergency situation that exists in our State. In the last 2
years, Devils Lake has risen by 13 feet. It is now at a 120-year high.
The National Weather Service has just informed us, on the first of this
month, that they anticipate the lake will rise another 2\1/2\ or 3 feet
this year. This is a tragedy and a disaster of staggering proportions.
The lake has doubled in surface area in the last 2 years. It is
threatening communities. It is threatening farmland. It is threatening
roads. It is an economic catastrophe in this part of North Dakota.
We have worked together with FEMA, with the Corps of Engineers, and
other relevant Federal agencies to develop a strategy and plan to cope
with this crisis. Last week we asked the Appropriations Committee to
give special consideration, in light of the new forecast which was just
out as to the lake level rises that we could expect this year, to
respond on an emergency basis.
The Appropriations Committee has responded, and I want to thank
personally the chairman of the committee, Senator Hatfield, for his
prompt and sensitive response. I also thank Senator Byrd for his
assistance. Because, without their help, we would face $50 million of
additional damages this year. It makes no sense not to take steps now
to avert the tragedy that is coming. We can save a lot of money by
operating on the front end rather than just waiting to clean up the
mess on the back end.
So, I again thank especially the chairman of this committee for his
foresight and for his willingness to respond to what is clearly a
crisis. I also thank the other members of the committee for recognizing
the extreme nature of this emergency. I also thank my colleague for all
of the hard work that has gone into putting together something that
makes sense, with the Army Corps of Engineers, with the Federal
Emergency Management Agency, and others.
Mr. DORGAN addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from North
Dakota.
Mr. DORGAN. Mr. President, if I might make one additional point
without imposing on the Senate much further, Senator Gregg and Senator
Hollings on the relevant subcommittee with respect to EDA have been
most helpful to us. I appreciate that.
I do want, in just seconds, to make an observation about this basin.
Devils Lake Basin is a closed basin that has experienced severe
flooding difficulties. It is not a circumstance where a river runs wild
for a month and houses go down the river and you see the problems of
that kind of flooding. It is a closed basin where the water comes down
from the top of the basin into the bottom of the basin. The people of
this Devils Lake region have suffered enormously as a result of the
flooding that has occurred. As Senator Conrad said, it is at a 120-year
high with more water expected. The damage has been substantial and will
be increased more in the months ahead.
This attempts to address some of these difficulties. It is not the
end of our need to address it, but it is nonetheless another step, and
I very much appreciate the cooperation of Senator Hatfield and Senator
Byrd and the appropriate subcommittee people we worked with.
Mr. President, I yield the floor, and I ask the amendments be
considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CONRAD addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from North
Dakota.
Mr. CONRAD. Mr. President, might I just conclude by also thanking
Senator Mikulski and Senator Bond for the great assistance they
provided as well. We contacted them with the problem we were facing, as
well as the chairman and the ranking member, and all of these Senators
have really pitched in, which we deeply appreciate.
[[Page S1678]]
I would also like to thank Senator Gorton, as chairman of the
Interior subcommittee, who also was very helpful.
Again, all of our colleagues have really pitched in and recognized an
emergency situation.
I yield the floor.
Mr. HATFIELD addressed the Chair.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. HATFIELD. Mr. President, I want to affirm the statement made by
the Senators from North Dakota regarding the fact this has been worked
out to the satisfaction of both sides of the aisle and the subcommittee
and the full committee. Again, I reiterate, a similar action was taken
on behalf of the people of Washington, Idaho and Oregon, who faced
correlated and similar problems during recent floods as well, so it is
not establishing any unique precedent. It is well established.
I commend the Senators from North Dakota for being so quick to
recognize the needs of their people and to respond to those needs. It
was a pleasure to work with them, to be helpful in this particular
instance, as in previous instances--railroads, whatever it is. The
Senators from North Dakota have always been very cooperative.
The PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the two amendments en bloc.
The amendments (Nos. 3468 and 3469) were agreed to en bloc.
Mr. DORGAN. Mr. President, I move to reconsider the vote.
Mr. CONRAD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
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