[Congressional Record Volume 142, Number 87 (Thursday, June 13, 1996)]
[Senate]
[Pages S6220-S6223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-584. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Energy and 
     Natural Resources.

                    ``Senate Joint Resolution No. 13

       ``Whereas, the Secretary of the Interior has proposed rules 
     concerning R.S. 2477, rights-of-way on public lands, and 
     these proposed rules would create a hardship on the state; 
     and
       ``Whereas, longstanding and previously accepted public 
     property rights could be legislatively extinguished, because 
     the rule requires all public rights-of-way across lands 
     administered by the Bureau of Land Management, National Park 
     Service, and Fish and Wildlife Service to be reclaimed within 
     two years, and a failure to reclaim these lands would 
     constitute an automatic relinquishment of the rights-of-way; 
     and
       ``Whereas, the burden of proving the validity of all 
     existing public rights-of-way is placed upon the local 
     government and the proposed rules would require local 
     governments to immediately initiate a labor-intensive and 
     time-consuming validity determination process; and
       ``Whereas, in view of the fact that most rural governmental 
     agencies would not have sufficient staff or funding to comply 
     with the proposed federal validity requirements, the likely 
     result is a loss of many public rights-of-way; and
       ``Whereas, where a valid right-of-way is subsequently 
     recognized by the Department of the Interior, maintenance or 
     reconstruction activities associated with the right-of-way, 
     that occurred after October 1976, may be deemed an 
     unauthorized use or trespass; and
       ``Whereas, the determination of validity will be vested in 
     the ``authorized officer'' which is defined as the Director 
     of the Bureau of Land Management, the Regional Director of 
     the United States Department of Fish and Wildlife, and the 
     Regional Director of the National Parks Service, or a 
     combination of those officials; and
       ``Whereas, compliance with, and interpretation of, those 
     validity determination requirements will most likely result 
     in a complex bureaucratic process for local governmental 
     agencies; and
       ``Whereas, during the validity determination process, 
     routine maintenance activities

[[Page S6221]]

     could be denied because they would be subject to review and 
     approval by the appropriate federal agency; and
       ``Whereas, in the event of an accident, that delay could 
     result in serious liability issues for the local government 
     previously responsible for maintenance of the right-of-way; 
     and
       ``Whereas, R.S. 2477, constitutes another significant 
     unfunded federal mandate, and illustrates the problems 
     created by the proliferation of unfunded mandates; and
       ``Whereas, the costs incurred as a result of the validity 
     determination process would not be reimbursed by the federal 
     government and the process could result in forfeiture of 
     rights-of-way by those local governments unable to bear the 
     costs of the process: Now, therefore, be it
       ``Resolved by the Senate and Assembly of the State of 
     California, jointly, that the Legislature of the State of 
     California respectfully memorializes the President and 
     Congress of the United States to enact legislation that would 
     temporarily prevent the Secretary of the Interior from 
     implementing the proposed rule changes regarding R.S. 2477, 
     as published August 1, 1994, in the Federal Register 
     governing rights-of-way access across federal public lands, 
     until such time that Congress can reexamine the issue of 
     public rights-of-way in collaboration with affected states, 
     local governments, landowners, and the general public; and be 
     it further
       ``Resolved, That the Secretary of the Senate transmit 
     copies of this resolution to the President and Vice President 
     of the United States, the Secretary of the Interior, the 
     Speaker of the House of Representatives, and to each Senator 
     and Representative from California in the Congress of the 
     United States.''
                                                                    ____

       POM-585. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on Energy and 
     Natural Resources.

                    ``House Joint Resolution No. 159

       ``Whereas, the Federal Surface Mining Act of 1977 has been 
     adopted by the Commonwealth of Virginia; and
       ``Whereas, the current reclamation laws require complete 
     elimination of all highwalls; and
       ``Whereas, this requirement discourages the use and 
     economical remining of abandoned strip mine sites in 
     southwest Virginia; and
       ``Whereas, the remining of such abandoned sites would 
     increase employment and provide usable reclaimed property for 
     housing and industrial development; and
       ``Whereas, the General Assembly of Virginia appreciates and 
     supports reasonable safeguards to protect watershed, streams, 
     water supplies and citizens; and
       ``Whereas, the General Assembly of Virginia believes that 
     government funds now being used to reclaim abandoned sites 
     should be substantially used to supply potable water to 
     coalfield residents; and
       ``Whereas, the General Assembly of Virginia supports the 
     appropriate amendments to all applicable federal and state 
     laws and regulations which would encourage and allow the 
     remining of previously strip-mined sites under the 
     appropriate safeguards to ensure protection of the public 
     safety and welfare: Now, therefore, be it
       ``Resolved by the House of Delegates, the Senate 
     concurring, That the Congress be urged to support appropriate 
     amendments to federal laws to encourage the remining of 
     previously strip-mined sites; and, be it
       ``Resolved further, That the Clerk of the House of 
     Delegates transmit copies of this resolution to the Speaker 
     of the United States House of Representatives, the President 
     of the United States Senate, the Virginia Liaison Office, and 
     the members of the Virginia Congressional Delegation so that 
     they may be apprised of the sense of the General Assembly of 
     Virginia.''
                                                                    ____

       POM-586. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia; to the Committee on Energy and 
     Natural Resources.

                    ``Senate Joint Resolution No. 64

       ``Whereas, the Federal Surface Mining Act of 1977 has been 
     adopted by the Commonwealth of Virginia; and
       ``Whereas, the current reclamation laws require complete 
     elimination of all highwalls; and
       ``Whereas, this requirement discourages the use and 
     economical re-mining of abandoned strip mine sites in 
     Southwest Virginia; and
       ``Whereas, the re-mining of such abandoned sites would 
     increase employment and provide usable reclaimed property for 
     housing and industrial development; and
       ``Whereas, the General Assembly of Virginia appreciates and 
     supports reasonable safeguards to protect watersheds, 
     streams, water supplies and citizens; and
       ``Whereas, the General Assembly believes that government 
     funds now being used to reclaim abandoned sites should be 
     substantially used to supply potable water to coalfield 
     residents; and
       ``Whereas, the General Assembly of Virginia supports the 
     appropriate amendments to all applicable federal and state 
     laws and regulations which would encourage and allow the re-
     mining of previously strip-mined sites under the appropriate 
     safeguards to ensure protection of the public safety and 
     welfare: Now, therefore, be it
       ``Resolved by the Senate the House of Delegates concurring, 
     That the Congress of the United States be urged to support 
     appropriate amendments to federal laws to encourage the re-
     mining of previously strip-mined sites; and, be it
       ``Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the members of the Virginia 
     Congressional Delegation in order that they may be apprised 
     of the sense of the General Assembly of Virginia.''
                                                                    ____

       POM-587. A resolution adopted by the Senate of the 
     Legislature of the State of Georgia to the Committee on 
     Energy and Natural Resources.

                      ``Senate Resolution No. 433

       ``Whereas a proposal has been made to the United States 
     Congress to sell facilities used by the Southeastern Power 
     Administration (SEPA) which is headquartered in Elbert 
     County, Georgia; and
       ``Whereas, these facilities, which include nine 
     hydroelectric dams, provide electric power and reservoirs for 
     Georgia; and
       ``Whereas, all of these facilities, operated by the United 
     States Army Corps of Engineers, also provide the public with 
     needed fish and wildlife resources, municipal, industrial, 
     and agricultural water supplies, flood control, reservoir and 
     downstream recreational uses, and river water level 
     regulation; and
       ``Whereas, such proposed sale would give too little 
     assurance that these assets will be administered with due 
     consideration to the purposes of the facilities not related 
     to power production, such as water supply, flood control, 
     navigation, recreation, and environmental protection; and
       ``Whereas, the revenue from the electricity generated by 
     the hydroelectric dams exceeds the retirement obligations of 
     the construction bonds and costs of operation and maintenance 
     for these facilities; and
       ``Whereas, many Georgians served by these facilities could 
     likely experience significant rate increases in electricity 
     and water as a result of this sale: Now, therefore, be it.
       ``Resolved by the Senate, That the members of this body 
     urge the United States Congress to reevaluate the negative 
     impacts of this proposal and avoid any transfer of federal 
     dams, resources, turbines, generators, transmission lines, 
     and related power marketing association facilities.
       ``Resolved, That the Secretary of the Senate is authorized 
     and directed to transmit an appropriate copy of this 
     resolution to the Speaker of the United States House of 
     Representatives, and presiding officer of the United States 
     Senate, and members of the Georgia congressional 
     delegation.''
                                                                    ____

       POM-588 A concurrent resolution adopted by the Legislature 
     of the State of Arizona to the Committee on Energy and 
     Natural Resources.

                    ``House Concurrent Memorial 2001

       ``Whereas, wise and enlightened management is vital to 
     preserving the vital resources of the vast rural areas of the 
     west in general and the state of Arizona in particular, 
     including environmental, scenic, wildlife, habitat, land and 
     water resources; and
       ``Whereas, most of Arizona's rural lands are characterized 
     by a patchwork of federal, state and private land ownership 
     patterns, resulting in divergent uses and management goals 
     and practices; and
       ``Whereas, the disunity of management fails the public 
     interest and the public expectation of the optimal use and 
     protection of the land and its resources; and
       ``Whereas, holistic resource management practices have 
     proven to be a successful method of incorporating the 
     critical environmental and habitat requirements of plant and 
     animal species with the resource requirements of the public; 
     and
       ``Whereas, holistic practices involve the participation and 
     sponsorship of all parties with an interest in resource 
     management and thus bring together otherwise competing and 
     opposing interests to work cooperatively toward a united 
     goal; and
       ``Whereas, federal land managers, vital elements in 
     achieving overall consistency, are frequently constrained 
     from participating in comprehensive resource planning because 
     of narrowly focused policies imposed by remote and 
     hierarchical organizational orientation; and
       ``Whereas, federal resource management needs to be 
     incorporated into a broader, community based approach to 
     reach the best public good.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the Congress of the United States enact 
     legislation to allow comprehensive holistic resource 
     management of federal lands along with state and private 
     lands and authorize federal land management agencies to study 
     and determine the management practices that provide a 
     comprehensive overview to benefit all resources, including 
     plant and animal species.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and to each Member of the Arizona 
     Congressional Delegation.''
                                                                    ____

       POM-589. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to

[[Page S6222]]

     the Committee on Energy and Natural Resources.

                     House Concurrent Memorial 2002

       ``Whereas, on July 18, 1995 Governor Fife Symington 
     established the Arizona preserve initiative task force to 
     evaluate and recommend appropriate ownership and management 
     alternatives for environmentally sensitive state trust lands; 
     and
       ``Whereas, the task force identified over six hundred 
     thousand acres of state trust lands that have unique and 
     significant public values; and
       ``Whereas, the task force recommended that these lands be 
     conserved and protected from incompatible use so that their 
     value as undeveloped open land can be enjoyed by future 
     generations; and
       ``Whereas, the task force considered many factors, 
     including the potential threats to the land, potential uses 
     of the land, the open space value of the land, conservation 
     strategies and alternative management options, entities and 
     agencies, in order to arrive at the optimum recommendations 
     with regard to the several study areas; and
       ``Whereas, several areas of state trust land are adjacent 
     to and within federal management areas and suitable for 
     conveyance to the federal government in order to preserve 
     them from uses that are incompatible with their preservation 
     value; and
       ``Whereas, the federal government has used a condemnation 
     process in the past to acquire state property and provide 
     payment with federal lands of equal value that are more 
     suitable for lease or sale for revenue purposes for the state 
     trust beneficiaries; and
       ``Whereas, the condemnation process has had and could have 
     significant environmental benefits for land management and 
     major financial benefits for the trust beneficiaries; and
       ``Whereas, meetings on this issue have occurred between 
     state and federal land management agencies over several years 
     and a tentative condemnation package has been discussed; and
       ``Whereas, the condemnation process requires congressional 
     authorization.
       ``Wherefore, your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the Congress of the United States enact 
     legislation to authorize federal acquisition of designated 
     environmentally sensitive state trust lands in the State of 
     Arizona that are best suited for conservation by condemnation 
     and repayment to the state trust with federal lands of equal 
     value that are suitable for future lease or sale for revenue 
     generation for the trust beneficiaries, and which are 
     acceptable to the state, except that state trust land shall 
     not be condemned for expansion of the Buenos Aires national 
     wildlife refuge.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and to each Member of the Arizona 
     Congressional Delegation.''
                                                                    ____

       POM-590. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                    ``House Concurrent Memorial 2007

       ``Whereas, livestock production and open range grazing have 
     played a major role in the cultural and economic development 
     of the western states and, along with mining, timbering and 
     homesteading, were a principal incentive for western 
     settlement. Today, many western ranchers depend on designated 
     federal lands to graze their livestock, and meat production 
     is an important use of federal lands that benefits the public 
     at large; and
       ``Whereas, the Taylor Grazing Act of 1934 put grazing 
     resources under federal government supervision and authorized 
     the Secretary of the Interior to charge reasonable fees for 
     grazing on federal lands. Since then, federal legislation 
     such as the Environmental Protection Act of 1969, the Federal 
     Land Policy and Management Act of 1976 and the Public 
     Rangelands Improvement Act of 1978 have maintained 
     restrictions on livestock grazing on federal lands and have 
     reinforced the intent of the federal government to retain 
     ownership of these public lands; and
       ``Whereas, grazing regulations must strike a fair balance 
     between the concept of compensating the public for use of its 
     lands and ensuring proper protection of these resources while 
     considering the implications of grazing fees or restrictions 
     on individual ranching operations. Recently, however, the 
     Secretary of the Interior implemented new public rangeland 
     regulations that severely restrict livestock grazing on 
     federal lands; and
       ``Whereas, both houses of the Congress have proposed 
     legislation that would replace these regulations with others 
     that balance both environmental and livestock grazing 
     interests by promoting better management techniques that do 
     not penalize western livestock ranchers. This legislation 
     would, among other things, require the Secretary of the 
     Interior, after consulting with relevant state officials, to 
     set standards and guidelines for rangeland management at a 
     regional, state or county level, allow nongrazing parties 
     from the affected rangeland areas to participate in resource 
     advisory councils that would advise the Secretary of the 
     Interior on federal land use and provide for a modest 
     increase in grazing fees that does not threaten the 
     livelihood of western ranchers; and
       ``Whereas, many of the issues related to grazing on public 
     lands are of regional and state concern, yet the new 
     regulations implemented by the Secretary of the Interior 
     include minimum national standards, covering all federal 
     grazing areas, that fail to consider the specific, varying 
     rangeland conditions in the individual states. In deference 
     to state and local interests, the Secretary of the Interior 
     should issue grazing guidelines on a state or regional, not 
     national, basis, in consultation with the states' 
     agricultural authorities; and
       ``Whereas, the members of the Forty-second Legislature of 
     the State of Arizona support this state's ranchers and find 
     that the grazing regulations recently adopted by the current 
     administration impose extreme restrictions that threaten to 
     shut down their ranching operations. If the federal 
     government is unable to maintain equitable and productive 
     multiple uses, including grazing, on federal lands, this 
     state willingly accepts the responsibility to do so.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the Congress of the United States provide needed 
     relief to the ranching industry by enacting legislation that 
     protects the use of federal lands for livestock grazing.
       ``2. That the Congress of the United States encourage 
     federal agencies, including the United States Forest Service 
     and the United States Fish and Wildlife Services, to adopt a 
     cooperative approach, when feasible, in promptly resolving 
     livestock grazing issues.
       ``3. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     Senate of the United States, the Speaker of the House of 
     Representatives of the United States and each Member of the 
     Arizona Congressional Delegation.''
                                                                    ____

       POM-591. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                    ``House Concurrent Memorial 2006

       ``Whereas, millions of acres of trees and brush are at 
     unnaturally high densities that choke the national forests in 
     Arizona where dead, downed vegetation and foliage provide 
     high hazard conditions for catastrophic wildfires; and
       ``Whereas, fire suppression capability cannot provide 
     adequate fire protection for the vast expanse of national 
     forest land and tens of thousands of private homes within 
     Arizona; and
       ``Whereas, with the current situation of Arizona's national 
     forest land, the question is not whether we will have 
     catastrophic fires but rather when and where these fires will 
     occur, threatening not only this state's abundant natural 
     resources, but its citizens and communities as well.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the Congress of the United States immediately 
     encourage the United States Forest Service to implement 
     already authorized emergency timber sales to reduce fire 
     hazard in the many communities that interface with national 
     forests, reduce continuous landscape forest fuel loads, widen 
     the highway corridors that pass through Arizona's national 
     forests, prepare emergency access and egress routes through 
     the national forests where local fire fighting agencies deem 
     it necessary and to provide forest fuel breaks around 
     populated areas located adjacent to high risk national forest 
     lands.
       ``2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     Senate of the United States, the Speaker of the House of 
     Representatives of the United States and each Member of the 
     Arizona Congressional Delegation.''
                                                                    ____

       POM-592. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Energy and 
     Natural Resources.

                    ``House Concurrent Memorial 2005

       ``Whereas, the government of the United States has 
     recognized the Tohono O'Odham tribe of Indians and has 
     established the Tohono O'Odham Indian reservation on which 
     the tribe may exist and preserve its identity, society and 
     culture; and
       ``Whereas, the reservation contains many sites that are 
     significant to the tribe's traditional cultural and religious 
     heritage; and
       ``Whereas, a particular site that is sacred to the Tohono 
     O'Odham Indians, Baboquivari peak, is only partially included 
     in the reservation; and
       ``Whereas, a portion of Baboquivari peak, adjacent to the 
     reservation, is owned by the federal government, and is thus 
     not currently protected or preserved for the benefit of the 
     Tohono O'Odham people.
       ``Wherefore your memorialist, the House of Representatives 
     of the State of Arizona, the Senate concurring, prays:
       ``1. That the Congress of the United States enact 
     legislation to transfer in trust that portion of Baboquivari 
     peak consisting of federal lands for inclusion in the Tohono 
     O'Odham Indian reservation.
       ``2. That the Secretary of State of the State of Arizona 
     transmit certified copies of this Memorial to the President 
     of the United States Senate, the Speaker of the United

[[Page S6223]]

     States House of Representatives and to each Member of the 
     Arizona Congressional Delegation.''
                                                                    ____

       POM-593. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana; to the Committee on Energy and 
     Natural Resources.

                 ``Senate Concurrent Resolution No. 19

       ``Whereas, Vernon, Beauregard, and the surrounding parishes 
     rely heavily on the continuing economic support of Fort Polk; 
     and
       ``Whereas, the potential transfer of portions of the 
     Kisatchie National Forest should ensure the stability and 
     permanence of the Fort Polk military base and possibly lead 
     to its future expansion; and
       ``Whereas, the potential transfer of lands of the Kisatchie 
     National Forest should not result in the expropriation of any 
     privately owned property; and
       ``Whereas, if Congress transfers these lands, there should 
     be no infringement upon private landowners' rights to their 
     property by the military presence; and
       ``Whereas, the stewardship of the lands of Kisatchie 
     National Forest should remain with the United States Forest 
     Service in the event of such land transfer; and
       ``Whereas, if the transfer occurs, Fort Polk should ensure 
     that the forest lands be subject to periodic inspection by 
     the Environmental Protection Agency to address environmental 
     concerns; and
       ``Whereas, if Congress transfers the lands, Fort Polk 
     should use the land for maneuvering exercises without the use 
     of live artillery or toxins which may endanger the public and 
     indigenous wildlife; and
       ``Whereas, if the land transfer occurs, Fort Polk will give 
     the public access to the forest at times it deems prudent: 
     therefore, be it
       ``Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to transfer certain 
     portions of the lands of the Kisatchie National Forest to the 
     Fort Polk military base provided that the viability of the 
     military base is ensured, that there will be no infringement 
     upon property owners' rights to their land, and that 
     environmental concerns will be addressed; be it further
       ``Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana congressional delegation.''
                                                                    ____

       POW-594. A joint resolution adopted by the Legislature of 
     the State of New Hampshire to the Committee on Energy and 
     Natural Resources.

                        ``House Joint Resolution

       ``Whereas, much of New Hampshire's air pollution results 
     from air pollutants and their precursors transported into the 
     state from upwind sources including electricity generation 
     stations; and
       ``Whereas, the Energy Policy Act of 1992 requires the 
     Federal Energy Regulatory Commission (FERC) to implement 
     increased competition in the electric utility industry, but 
     does not relieve FERC or other federal agencies of their 
     responsibility and obligation to act in the public interest 
     and to carefully review and mitigate critical environmental 
     and health impacts that may result from open access to 
     transmission services; and
       ``Whereas, FERC's draft Environmental Impact Statement on 
     its Notice of Proposed Rulemaking Promoting Wholesale 
     Competition Through Open Access Non-Discriminatory 
     Transmission Service by Public Utilities (the ``Mega-NOPR''), 
     asserts that sizable increases in air pollution could occur 
     due to a shift from cleaner generation sources to cheaper and 
     dirtier generators, but then greatly underestimates FERC's 
     obligation to mitigate the impact of its proposed Mega-NOPR 
     actions, by selecting an inappropriate base case which 
     assumes incremental implementation of the same policy of open 
     transmission access, instead of selecting the more 
     appropriate base case of no action and current air quality 
     trends; and
       ``Whereas, there is sufficient underutilized electric 
     generating capacity in midwestern states, subject to much 
     lower air emissions standards than competitors in 
     northeastern states, so that implementing open transmission 
     access, without more appropriate, comparable and equitable 
     environmental regulation, could result in increased 
     electricity generation in midwestern states and significant 
     additional air pollution transport to northeastern states; 
     and
       ``Whereas, federal air pollution regulation of electric 
     generators has too often been inappropriately based almost 
     exclusively on air quality in the vicinity of the generator, 
     without sufficient consideration of the effects of transport 
     of pollutants to downwind areas; and
       ``Whereas, a considerable burden has been placed on New 
     Hampshire by its designation as part of the Ozone Transport 
     Region delineated by the Clean Air Act Amendments of 1990, 
     despite considerable evidence that New Hampshire's 
     exceedances of federal ambient air quality standards are 
     overwhelmingly due to transported air pollution from upwind 
     states; and
       ``Whereas, New Hampshire's electric rates have been much 
     higher than the national average for many years, a 
     substantial cause of which has been New Hampshire's pursuit 
     over many years of lesser-polluting electricity sources as 
     alternatives to construction of additional lower-cost, higher 
     polluting coal-fired stations; and
       ``Whereas, New Hampshire, as a result of its Reasonably 
     Available Control Technology (RACT) requirements for its own 
     electrical generating stations, has shown that state-of-the-
     art selective catalytic reduction (SCR) RACT equipment 
     installed at New Hampshire's largest coal-fired electrical 
     generating station is a cost-effective method for reducing 
     emissions of oxides of nitrogen (NOx), and would be cost-
     effective in other states as well; and
       ``Whereas, the costs for upwind electric generators to make 
     similar source emission reductions, particularly in coal-
     fired stations, typically appear to be significantly smaller 
     than the costs to northeastern states to compensate for 
     transported air pollution by imposing more expensive 
     mitigation measures on other sources of pollution; and
       ``Whereas, such source mitigation costs also appear to be 
     only a small fraction of the potential additional revenue 
     from increased generation by low cost coal-fired generators 
     as a result of FERC's Mega-NOPR; and
       ``Whereas, Governor Stephen Merrill indicated in a July 20, 
     1995 letter to EPA Administrator Carol Browner that New 
     Hampshire is not willing to subsidize the economy, 
     environment, health and quality of life of upwind states at 
     the expense of those aspects of its own citizens' lives; and
       ``Whereas, the state of New Hampshire would strongly prefer 
     to avoid suing the federal government and upwind states to 
     take actions to mitigate increased air pollution resulting 
     from FERC's actions, pursuant to the Clean Air Act Amendments 
     of 1990 and the National Environmental Policy Act: Now, 
     therefore, be it
       ``Resolved by the Senate and House of Representatives in 
     General Court convened:
       ``That the state of New Hampshire petitions the Federal 
     Energy Regulatory Commission to implement open access to 
     transmission services and increased competition in the 
     electric utility industry in a manner that supports and 
     furthers the goals of environmental improvement, such as by 
     stipulating that all electricity generators transmitting 
     power under FERC open access rules comply with equitable and 
     appropriate environmental regulation to reduce interstate 
     transport of air pollutants; and
       ``That the state of New Hampshire further petitions the 
     United States Environmental Protection Agency, the Council on 
     Environmental Quality, the Federal Energy Regulatory 
     Commission, the Congress, and the President of the United 
     States to work together to ensure that increased competition 
     in electricity markets be truly full, free, and fair, 
     including equitable and appropriate environmental regulation, 
     based on comparable scientific criteria, for all electricity 
     generators and consumers; and to carefully consider as 
     alternatives to existing regulatory controls, innovative 
     market-driven forms of environmental regulation, such as 
     valuing the costs of pollution and using pollution control 
     offsets; and
       ``That copies of this resolution, signed by the president 
     of the senate, the speaker of the house, and the governor be 
     forwarded by the house clerk to each member of the New 
     Hampshire Congressional delegation, the President of the 
     United States, the President Pro-Tempore of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, the Federal Energy Regulatory Commission, 
     the United States Environmental Protection Agency, and the 
     Council on Environmental Quality; and
       ``That this resolution is intended to be read in 
     conjunction with HB 1392, which establishes principles for 
     restructuring the New Hampshire utility industry, if and when 
     it has been signed into law.''
                                                                    ____
                                  

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