[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:

[[Page S1676]]

                           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''.
                                                                    ____



                           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.

                          ____________________