[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8361-S8367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. JEFFORDS (for himself, Ms. Snowe and Mr. Leahy):
S. 1087. A bill to provide for the modernization of port and rail
access in northern New England, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
the older industrial region rail/port access and modernization act
Mr. JEFFORDS. Mr. President, I rise today with Senator Snowe to
introduce legislation to aid the growth of commerce throughout New
England. The Older Industrial Region Rail and Port Access and
Modernization Act aims to improve northern New England's aging rail
infrastructure and ocean ports to speed delivery of goods and people
throughout the region.
New England was built by the railroads. But in our modern economy,
highways have captured a majority of the commerce, supplanting rail. As
we reach the end of this century, our region has begun to recognize the
importance of railroads, and their vital role in our expanding economy.
Efficient highways run north to south in northern New England, but we
have no east to west roads sufficient to handle growing trade and
commerce. As Vermont, New Hampshire, and Maine work together to compete
in this global economy, our success is dependent on our mutual efforts
to improve access to markets. We will succeed only if modern freight
railroads can serve the entire region and through our ports bring goods
to market across the Nation and around the world.
Rail lines throughout northern New England have been neglected for
many years. Crumbling rail beds and constricted passage has limited the
movement of freight and passenger trains and restricted rail access to
deep water ports. Older bridges, deteriorated tracks, inadequate
tunnels all contribute to a rail system that fails to fulfill the needs
of the three-State area. As a result, commerce throughout the region
suffers.
A recent report by Cambridge Systematics, entitled ``New England
Transportation Initiative,'' indicates that northern New England's
economy cannot fully expand without a carefully planned and implemented
intermodal strategy. The study predicts that Maine's ports will
gradually lose business to southern ports, primarily in New Jersey and
New York, because of inadequate rail transportation and port access. In
addition, the study predicts that business and jobs in New Hampshire
and Vermont will not keep pace with other regions without a better
strategy to efficiently move goods and people.
An exhaustive analysis by the Eastern Border Transportation Coalition
regarding the trade and traffic flows across the eastern United States-
Canada border projected a trade increase of close to 200 percent by the
year 2015. The report also outlines that this increase could be
hampered by a lack of adequate transportation options and overcrowded
roads and highway border stations. To avoid this setback, rail options
must be available. Without proper infrastructure development, New
England's chance to take advantage of such economic growth will
diminish.
The legislation we introduce today will authorize Federal spending to
rehabilitate rail beds in Vermont, Maine, and New Hampshire, enabling
them to improve their freight rail traffic and better handle the
movement of goods and people with their borders. States will be able to
apply separately to the U.S. Secretary of Transportation for individual
grants. Grant funding is provided for a variety of categories: Port
development and access; bridge and tunnel obstruction repair and
replacement; repair of railroad beds; and development of intermodal
facilities, including intermodal truck-train transfer facilities.
Revitalization of these resources will allow freight and passenger
trains to move freely throughout the region, reconnecting railroad
towns long separated by the hazards of unpassable tracks.
The bill also establishes a loan assistant program. Railroad
companies in Vermont, Maine, and New Hampshire will be able to access
low interest loans to improve their rail lines in the region. The loans
can be used for purchase of rolling stock, development of maintenance
facilities, and many other capital improvements.
Without this legislation, Vermont, New Hampshire, and Maine may fail
to benefit from future growth opportunities. Even though international
shipping trade is expected to increase by 20 percent in the next 5
years, New England is less likely to benefit from the influx of
business and jobs because of its decaying rail and port infrastructure.
Improving rail lines will bring new life to our region, strengthening
our industries and thereby our economies.
Mr. President, I would urge action on this legislation, because, as
we are learning, ports and railroads are the life lines that will help
to ensure the well-being of all of northern New England.
Ms. SNOWE. Mr. President, I rise today with my colleague and good
friend, Senator Jeffords of Vermont, to introduce the Older Industrial
Region Rail/Port Access and Modernization Act.
There is an old Yankee saying ``you can't get there from here''. If
we do not take steps to upgrade our aging transportation infrastructure
in order to allow us to be a vigorous competitor for the movement of
goods, that saying may become a sad reality. That is why the bill we
introduce today is so important to northern New England's future,
because its purpose is to revitalize our aging rail infrastructure. As
much as rail is a part of our Nation's history, it is also the pathway
to a bright economic future.
The bill, which covers Vermont, New Hampshire, and Maine, will
provide funding for improving and modernizing our freight rail system--
removing obstacles like low bridges that constrict the use of double-
stack trains, and intermodal facilities construction and maintenance.
It would also provide funding to assist Maine's ports in updating and
modernizing their facilities
[[Page S8362]]
and rail transport access. This upgrading is particularly important as
studies have shown that Maine's ports are losing business to southern
ports because of inadequate rail transport and access.
Under the bill, an 80/20 Federal/State share grant program would be
created. The States could use this money for first, connecting all
railroads to ports; second, removing, repairing or replacing bridges or
other obstructions that inhibit the use of double-stack rail cars;
third, repairing, upgrading and purchasing railbeds and tracks and
fourth, constructing, operating and maintaining intermodal truck-train
transfer facilities and train maintenance facilities.
Intermodalism is the future, as we have seen from the success of
ISTEA. I have seen it at the intermodal facility in my hometown of
Auburn, ME. Secretary of Transportation Rodney Slater visited the
facility earlier this year with me and other members of the Maine
delegation. After the visit, he told me that Auburn was a model
facility that he would use in his travels as an example of how well the
concept works when done correctly. Our bill will provide States with
the flexibility to encourage new facilities and to upgrade current
ones. It will provide our businesses with better, faster, more cost
effective access to out of State markets and it will increase the
viability of our three ports--Portland, Eastport, and Mack Point--by
making them more attractive options for shipping and receiving goods.
More important is the basic fact that a modern transportation system
is vital to any economic development. Our bill will allow the northern
New England States to upgrade their aging infrastructure to ensure that
we do not allow future economic development and growth to slip away
because we cannot meet the transportation needs of business and
industry in the coming years.
______
By Mr. ROTH:
S. 1088. A bill to suspend temporarily the duty on ACM; to the
Committee on Finance.
Legislation to Suspend Temporarily the Duty on ACM
Mr. ROTH. Mr. President, I rise to introduce a bill to suspend the
duty through December 31, 1999, on a product commonly known as ACM or
[3-(Acetoxy)-3-cyanopropyl] methyl-phosphinic acid butylester, which
falls under subheading 2931.00.90 of the Harmonized Tariff Schedule of
the United States. ACM is an essential ingredient in the production of
glufosinate ammonium, a patented nonselective, broad-spectrum
herbicide, manufactured by AgrEvo USA under the brand name Liberty and
used primarily in corn and soybean cultivation.
The cost to import ACM currently comprises roughly 90 percent of the
total cost of manufacturing glufosinate ammonium. Suspension of this
duty will substantially lower AgrEvo's cost of production and thereby
improve the company's competitiveness.
______
By Mr. SPECTER (for himself, Mr. Ford, Mr. Santorum, Mr. Harkin,
Mr. Inouye, Mr. Inhofe, Ms. Mikulski, Mrs. Boxer, Mr.
Rockefeller, Mr. Bryan and Mr. Durbin):
S. 1089. A bill to terminate the effectiveness of certain amendments
to the foreign repair station rules of the Federal Aviation
Administration, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
AIRCRAFT REPAIR STATION SAFETY ACT OF 1997
Mr. SPECTER. Mr. President, I have sought recognition today to
introduce legislation designed to address aviation safety concerns
which arise out of the proliferation of aircraft repair facilities
outside the United States which are used by airplanes that fly within
our Nation every day. This legislation would change current regulations
so that U.S. aircraft are repaired to the maximum extent possible by
professional U.S. mechanics, properly trained and supervised, using
certified parts. This bill also addresses the critical issue of
substandard or uncertified airplane parts, known as bogus parts.
I am pleased to be joined by 10 of my Republican and Democratic
colleagues in introducing the Aircraft Repair Station Safety Act of
1997, which is similar to a bill introduced by my colleague from
Pennsylvania, Congressman Borski (H.R. 145) which currently has 135
cosponsors.
A key focus for many of us in the 105th Congress is aviation safety.
As a member of the Transportation Appropriations Subcommittee, I have
worked with my colleagues to ensure that we spend the maximum amount
possible on improving our aviation infrastructure for safety purposes,
including altogether new runways, runway extension projects, and new
generations of radar and landing systems. Air travel is an essential
element of our lives, as millions of Americans use airplanes for
personal and business trips. Our economy is deeply rooted in the
success of our aviation system, which makes it even more critical that
we take all necessary steps to enhance aviation safety.
This legislation is intended to address a regulatory loophole created
in November, 1988, when the Federal Aviation Administration promulgated
new rules which weakened the restrictions on certification for foreign
aircraft repair stations. The 1988 changes have resulted in a situation
where FAA certification--the highest seal of approval in the world--is
much too easy to obtain. Prior to those changes, a foreign repair
facility had to demonstrate that there was a need to service aircraft
engaged in international travel before they could get certified. But
now, a station can receive FAA certification for the simple goal of
attracting U.S. business. I am advised that repair stations in Tijuana,
Mexico and Costa Rica applied for and received FAA certification even
though few expect these locations to become new hubs for international
travel. Instead, these facilities are becoming new hubs for stealing
U.S. jobs and could potentially jeopardize aviation safety because of
inadequacies in U.S. regulatory oversight.
One example of where work performed on an aircraft at a foreign
facility had significant repercussions within the United States was the
1994 engine explosion and fire on a Valujet plane on the runway at
Atlanta's Hartsfield International Airport, which necessitated the
evacuation of the 57 passengers. According to media reports, the work
was done at a Turkish repair station that lacked FAA approval, and
whose shabby business practices included plating over a cracked and
corroded compressor disk. Had the explosion occurred in midflight, the
results could have been catastrophic.
When the 1988 regulations were adopted, the FAA expected that the
number of foreign repair stations it certified would rise from the
level of 200 to possibly 300 or 400. I understand that there are now
nearly 500 such foreign aircraft repair stations with FAA
certification. This comes at a time, however, when the FAA is having
enough trouble inspecting domestic repair stations and enforcing
aviation safety rules within facilities in the 50 States. I find it
hard to believe that the FAA has sufficient resources to adequately
investigate problems at the 480 foreign aircraft repair facilities in
addition to its U.S. responsibilities.
I am advised that one recent phenomenon is that foreign repair
facilities are being used by some U.S. carriers on a contract basis as
a means of holding down costs, and some have become what have been
termed virtual airlines because so little maintenance and repair work
is done in-house. Instead of aircraft repair work being done at
relatively few sites, countless contractors and subcontractors
domestically and abroad are now filling that function.
I would note that the Gore Commission on Aviation Safety and Security
stated in its Final Report of February 12, 1997 that:
Considerable attention has been given to the issue of
outsourcing of maintenance and other work, particularly in
the wake of the Valujet crash. The Commission does not
believe that outsourcing, in and of itself, presents a
problem--if it is performed by qualified companies and
individuals. The proper focus of concern should be on the
FAA's certification and oversight of any and all companies
performing aviation safety functions, including repair
stations certificated by the FAA but located outside of the
United States. (Emphasis added.)
A problem is that under the current regulatory framework, foreign
aircraft repair stations have not had to demonstrate legitimate need or
to meet all the standards and procedures imposed on U.S. stations. For
example, I am advised that domestic facilities and their employees must
meet rigorous worker
[[Page S8363]]
surveillance standards including broad drug and alcohol testing
requirements. Many other nations seeking to compete do not have these
same requirements in place or the same level of enforcement. There is
also a discrepancy between the requirement that certain mechanics at a
U.S. facility are certified airmen and the absence of such a mandate on
certified foreign repair stations. One would think that this
requirement is important enough to be imposed wherever a plane which
flies within our borders is repaired and maintained. Accordingly, this
legislation provides that all standards imposed on domestic repair
stations and their employees must be imposed on foreign facilities and
their employees.
In sponsoring this legislation, I am not attempting to deprive U.S.
carriers of access to foreign repair facilities when necessary.
Strategically based foreign repair stations have been part of our
aviation network since 1949, when it was recognized that such stations
were needed for the repair of U.S. aircraft operating outside our
airspace. In addition, foreign manufacturers producing FAA-approved air
frames or components have traditionally been allowed to support their
products. Further, it is my intention that this legislation would not
hinder the repair of U.S. aircraft abroad which do not operate within
the United States.
This legislation would not change these accepted practices, but would
give the FAA the opportunity to revisit this issue by returning the
regulations governing the certification of repair stations to what they
were before November, 1988. This legislation is aimed at the
proliferation of foreign FAA-certified repair facilities which exist to
service aircraft that, except for the cheap labor and lower regulatory
oversight, would never leave the United States.
This legislation would also clamp down on the possibility that
aircraft repair stations would knowingly use bogus parts instead of
properly certified parts. The bogus airplane parts trade has become
lucrative and gives real cause for concern. The FAA and law enforcement
agencies have cracked down in recent years, resulting in 130
indictments across the country as of May, 1997 of people suspected of
being dealers of bogus airplane parts. In one troubling media account,
when an American Airlines plane crashed in Colombia in 1995, salvagers
extracted valuable components from the plane before even all the bodies
were collected and the parts were offered for sale in Miami shortly
thereafter. Under this bill, if a facility is found to have knowingly
used bogus parts, the FAA will revoke its certification.
In closing, I want to reiterate that the Aircraft Repair Station
Safety Act of 1997 is a sensible approach to increased aviation safety.
This is more than just a jobs issue; peoples lives and our economy are
at stake. At a time when the FAA's resources are stretched thin, I do
not believe it is in the public interest to continue to certify foreign
aircraft repair facilities which we cannot observe or regulate
adequately.
I look forward to working with the members of the Senate Commerce,
Science, and Transportation Committee on this issue, as well as the
carriers, both passenger and cargo, which operate under current
regulations and whom I hope will support this legislation.
______
By Mr. BURNS (for himself, Mr. Johnson, Mr. McConnell, Mr.
Grassley, Mr. Brownback, Mr. Thurmond, Mr. Helms, Mr. Daschle,
Mr. Cochran, Mr. Hatch, Mr. Inhofe, and Mr. Conrad):
S. 1090. A bill to specify that States may waive requirements
relating to commercial drivers' licenses under chapter 313 of title 49,
United States Code, with respect to certain farm vehicles, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
waiver legislation
Mr. BURNS. Mr. President, today I rise to correct an unintentional
Federal burden that has been placed on a sector of our Nation's
agricultural community.
The Commercial Motor Vehicle Safety Act of 1986 subjected operators
of large trucks and buses to new regulations including the requirement
that States devise a commercial driver's license [CDL] program by April
1, 1992.
The intent of this act was to improve highway safety by requiring a
higher level of qualification and knowledge for those engaged in
commercial trucking activities and was primarily aimed at addressing
the safety issue of over-the-road, long-haul truckers.
In 1988, the Federal Highway Administration [FHwA] granted States the
authority to waive the CDL requirements for farmers and others who
operate large vehicles incidental to their occupations. States retained
the right to impose restrictions and conditions on those for whom the
waiver was applied.
Unfortunately, the CDL requirement continues to apply to many vehicle
operators who are neither a highway safety hazard or engaged in
commercial trucking enterprises. Such is the case of those engaged in
the unique, seasonal business of harvesting the Nation's crops.
Custom harvesting is a service industry which, for a fee, provides
farmers the personnel and equipment necessary to harvest their crops;
relieving them of the need to invest, operate and maintain the costly,
specialized equipment which can only be utilized on a limited seasonal
basis.
Incidental to this service is providing the transportation equipment
and drivers necessary to deliver those crops to on-farm or local
storage or processing facilities.
This service harvests nearly 60 percent of the Nation's entire wheat
crop from my State of Montana to Texas and many wheat growing States in
between.
The vast majority of miles driven in providing this service are off-
road or on low traffic density rural roads and highways. Because of the
unique nature of this business and the substantial investment in
equipment, the owner-operator of these predominantly small, family-
owned businesses devote a significant amount of time and resources to
employee training and safety education which is relevant to the service
they provide, rather than simply accepting the generally inappropriate
standards based on the urban-suburban driving needs requires for a CDL.
In addition, close supervision of the harvesting and transport
activities is provided both during the actual harvesting operations and
the movement of equipment from site to site.
Given the failure of the FHwA to acknowledge the unique
characteristics of the custom harvesting business and to provide a
reasonable waiver to States to determine an appropriate level of
regulation for this industry, we are introducing legislation to provide
States the authority to grant an exemption from the CDL requirements.
This legislation does not mandate that those engaged in activities
such as custom harvesting will be unregulated. It does provide those
States, who wish to do so, the opportunity to provide regulatory relief
to an industry which is critical to the production of food and fiber in
this country.
Mr. President, I ask unanimous consent that additional material be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
June 26, 1997.
Hon. Conrad Burns,
U.S. Senate, Washington, DC.
Dear Senator Burns: Recently you received a letter from
Senator Conrad Burns and Tim Johnson requesting your co-
sponsorship of legislation to modify the Commercial Driver's
License (CDL) requirements for those engaged in custom
harvesting and processing of our nation's crops. The
membership of the undersigned organizations urge you to join
in supporting the legislative relief provided in their bill.
The Commercial Motor Vehicle Safety Act of 1996, required
that states develop and implement a CDL program by April 1,
1992 and a drug and alcohol testing program in 1996. It was
intended to improve the safety performance of commercial,
over-the-road trucking enterprises. In recognition of the
unique nature of some trucking activities, the Federal
Highway Administration provided States the authority to waive
the CDL requirements for farmers, firefighters and others who
operate large vehicles as part of their day-to-day business,
but who were not engaged in commercial trucking. Individual
states retained the ability to develop conditions and
restrictions as part of the waiver process. Unfortunately,
the CDL requirements still apply to that sector of
agriculture which provides an important seasonal service by
harvesting this nation's food and fiber crops and delivering
the harvest to storage or processing for
[[Page S8364]]
individual farmers. These businesses pose little safety
hazard, and are not engaged in hauling crops on a commercial
basis. Their operations predominantly require skills
associated with driving off-road or in low traffic density
areas. Unlike commercial trucking operations, the drivers
involved in the harvest are closely supervised both during
the harvest activities and those limited times when they must
utilize the nation's highway system to move from farm to
farm.
Harvesters and agriculture processors currently provide
education, training and experience for drivers that is
directly applicable to the conditions those drivers will face
throughout their employment. The CDL requirements force the
employer to also train their drivers so they can obtain a
license which is of little practical use in their workplace.
This dual burden is costly, time consuming and has reduced
the ability of the industry to find competent employees.
The legislation proposed by Senator Burns and Johnson does
not eliminate the CDL requirement for all drivers in all
states. It does, however, provide States the opportunity to
determine the appropriate level of regulation which should be
applied to this important segment of the agriculture
industry.
We urge you contact Senator Conrad Burns (Randall Popelka
224-2644) or Senator Tim Johnson (Sarah Dahlin 224-5842) and
join them in ensuring that custom harvesters and agriculture
processors are able to continue providing this safe,
professional, efficient and competitive service which
benefits all Americans.
Sincerely,
American Farm Bureau Federation; National Barley Growers
Association, National Cotton Ginners Association; U.S. Custom
Harvesters, Inc.; National Association of Wheat Growers;
National Cotton Council, and the National Grain Sorghum
Producers Association.
______
By Mr. BINGAMAN (for himself and Mr. Domenici):
S. 1091. A bill to amend title 23, United States Code, to provide for
maintenance of public roads used by schoolbuses serving certain Indian
reservations; to the Committee on Environment and Public Works.
THE INDIAN RESERVATION SCHOOL ROADS MAINTENANCE ACT OF 1997
Mr. BINGAMAN. Mr. President, I rise today to introduce the Indian
Reservation School Roads Maintenance Act of 1997. This bill, which is
being cosponsored by my colleague from New Mexico, Senator Domenici,
addresses a unique situation with respect to roads in and around Indian
reservations and nearby counties that is actually preventing children
from getting to and from school safely. Because of the unique nature of
this situation, it can only be addressed at the Federal level.
I would like to start with an example of this unique problem and why
I believe a Federal solution is necessary. As you can see, Mr.
President, this first chart is a map of the Navajo Reservation in New
Mexico, Arizona, and Utah. The Navajo Nation is by far the Nation's
largest Indian reservation, covering 25,000 square miles. To give you
an idea of its size, there are 10 States that are smaller than this
reservation. For instance, it is the same size as the State of West
Virginia.
According to the Bureau of Indian Affairs, there are 9,000 miles of
roads that serve the Navajo Nation. Only one-fifth of these roads are
paved--the rest, over 7,000 miles, are dirt roads. The schoolbuses have
to use nearly all of the 9,000 miles of roads each and every day to get
the kids to and from school.
About 6,400 miles of these roads on the reservation are BIA roads and
over 2,500 miles are State and county roads. All public roads within,
adjacent to, or leading to the reservation, including BIA, State, and
county roads, are considered part of the Indian reservation road
system. However, only BIA roads are eligible for Federal maintenance
funding from BIA, and generally, construction and improvement funding
from the Federal Lands Highways Program in ISTEA is applied to BIA
roads. On the other hand, States and counties are responsible for
maintenance and improvement of their roads.
Mr. President, the Federal Government is asking the States and
counties to bear too large a burden for road maintenance in this unique
situation, given the resources most of these counties have. For
example, counties around the Navajo Reservation are predominantly
comprised of Federal or tribal lands. Three-quarters of McKinley County
in my State of New Mexico is either tribal or Federal land, including
BLM, Forest Service, and military. This next map is of McKinley County,
and as you can see, Mr. President, everything shown on this map that is
either orange, yellow, green, or red, is tribal or Federal land. The
Indian land area alone comprises 61 percent of the county. As you can
see, everything else is county land, which is a very small fraction of
total land area. Therefore, there is a very small tax base on which the
county can rely as a source of revenue for maintenance purposes. The
picture for San Juan County in the northwest corner of New Mexico is
very much the same.
Mr. President, families living in and around the reservation are no
different from families anywhere else; their children are entitled to
the same opportunity to get to school safely and get a good education.
However, the miles and miles of unpaved, deficient roads in this vast
area are frequently impassable. If the schoolbuses don't get through,
the kids simply cannot get to school.
Of the 600 miles of county-maintained roads in McKinley County, 550
miles serve Indian land. Because of the vastness of the reservation,
this is a cost that the counties in New Mexico, Arizona, and Utah
simply cannot and should not have to bear without Federal assistance.
Indeed, because of the large tribal and Federal presence in these
counties, it is encumbent upon the Federal Government to provide this
assistance.
What my bill does is set aside $10 million from the highway trust
fund that counties such as these can apply for to help maintain the
roads used by schoolbuses to carry children to school or to a Headstart
program. Let me be very clear: these Federal funds can be used only on
roads that are located within, or that lead to the reservation, that
are on the State or county maintenance system, and that are used by
schoolbuses.
Let me just state again, Mr. President, that maintaining schoolbus
routes in this vast area is a unique problem that only the Federal
Government can effectively deal with.
I don't believe any child wanting to get to and from school safely
should have to risk or tolerate unsafe roads. Kids today, particularly
in rural areas, already face enough barriers to getting a good
education. I ask all Senators to join with me in assuring that all
schoolchildren at least have a chance to get to school safely and have
an opportunity for an education. I urge all of my colleagues to support
this bill.
Mr. President, I ask unanimous consent that the full text of the
bill, a summary, a McKinley County Commission resolution, a letter from
the McKinley County road superintendent, David Acosta, and a letter
from the Northwest New Mexico Council of Governments be included in the
Record.
There being no objection, the items were ordered to be printed in the
Record, as follows:
S. 1091
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. INDIAN RESERVATION SCHOOL ROADS.
(a) Funding.--Section 1003(a)(6) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 1919) is amended by adding at the end the
following:
``(D) Indian reservation school roads.--For maintenance of
Indian reservation school roads $10,000,000 for each of
fiscal years 1998 through 2003.''.
(b) Definition of Indian Reservation School Road.--Section
101 of title 23, United States Code, is amended by inserting
after the undesignated paragraph defining ``Indian
reservation roads'' the following:
``The term `Indian reservation school road'' means a public
road that--
``(A) is within, is adjacent to, or provides access to an
Indian reservation (including associated trust land and
restricted Indian land) having a land area of 10,000,000
acres or more; and
``(B) is used by a school bus to transport children to or
from a school or Headstart program.''.
(c) Maintenance Under the Federal Lands Highways Program.--
Section 204 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (a) by striking
``and Indian reservation roads'' and inserting ``Indian
reservation roads, and Indian reservation school roads'';
(2) in subsection (b), by inserting after the second
sentence the following: ``Funds available for Indian
reservation school roads shall be used by the Secretary to
pay for the cost of maintenance of Indian reservation school
roads in accordance with subsection (k).'';
(3) in the last sentence of subsection (c), by striking
``The Bureau'' and inserting ``Subject to subsection (k), the
Bureau''; and
(4) by adding at the end the following:
[[Page S8365]]
``(k) Indian Reservation School Roads.--
``(1) Funding.--A State or county with an Indian
reservation school road on its maintenance system may apply
for funding from the Secretary for maintenance of the Indian
reservation school road, which the Secretary may grant if the
Secretary determines that funding for maintenance of the road
from other sources is not sufficient to provide maintenance
that ensures the safety and welfare of children being
transported in a school bus to and from a school or Headstart
program.
``(2) Method of contracting.--All maintenance work funded
under this subsection shall be performed--
``(A) by contract awarded by competitive bidding; or
``(B) by a State or county that the Secretary has
determined has the ability to administer efficiently funds
granted for the maintenance of Indian reservation school
roads.
``(3) Supplementary funding.--The Secretary shall ensure
that funding made available under this subsection for
maintenance of Indian reservation school roads for each
fiscal year is supplementary to and not in lieu of any
obligation of funds by the Bureau of Indian Affairs for road
maintenance programs on Indian reservations.''.
____
Bill Summary--Indian Reservation School Roads Maintenance Act of 1997
The bill creates a new category of funding called ``Indian
reservation school roads'' in the existing Federal Lands
Highways Program (ISTEA, section 204 of title 23). This new
category is in addition to the existing Indian reservation
roads category. The authorized level of funding is $10
million per year for six years from the Highway Trust Fund,
other than the mass transit account.
Indian reservation school roads are defined to be public
roads that are within, adjacent to, or provide access to an
Indian reservation (including associated Indian trust lands
and restricted Indian lands) with a land area of at least 10
million acres and are used by school buses to transport
children to or from school or Headstart programs.
A state or county with an Indian reservation school road on
its maintenance system may apply to the Secretary of
Transportation for funding for maintenance of a school bus
road. The Secretary may grant funding if the Secretary
determines the roads are not being maintained adequately to
ensure the safety and welfare of children being transported
to and from school or headstart program.
Maintenance work shall be performed by contract awarded by
competitive bidding or by a state or county that the
Secretary has determined has the ability to administer funds
granted for the maintenance of Indian reservation school
roads.
Funds provided for maintenance of Indian reservation school
roads is supplemental to any funding for maintenance of
Indian reservation roads provided by the Bureau of Indian
Affairs.
____
State of New Mexico, County of McKinley, Resolution No. SEP-96-078
Whereas, the McKinley County Board of Commissioners has
entered into a intergovernmental agreement with the Navajo
Nation and the Bureau of Indian Affairs (BIA) to provide road
maintenance on school bus routes within the McKinley County
portion of the Navajo Nation; and
Whereas, McKinley County, the Navajo Nation and the BIA are
aware of the many additional miles of roads on the
reservation that are used for school bus routes but are not
maintained due to a shortfall in maintenance funds; and
Whereas, the maintenance of school bus routes is necessary
and a benefit to Navajo students and will provide continued
access to the public education system in McKinley County;
Now, therefore be it
Resolved, That McKinley County requests that in the
reauthorization of the ISTEA program in 1997 that the United
States Congress allow twenty-five percent (25%) of those
funds allocated to the Navajo Nation for new road
construction, be set aside for maintenance of existing school
bus routes.
Passed, approved and adopted by the governing body at its
meeting of September 30, 1996.
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County of McKinley,
Gallup, NM, August 29, 1996.
Hon. Jeff Bingaman,
Senator, New Mexico,
Senate Office Building, Washington, DC.
Attention: Mr. Steve Clemens
Dear Steve: McKinley County is responsible for the
maintenance of approximately 591.343 miles of roadway.
Approximately 450 miles consist of unimproved dirt roads. The
majority of roads serve as school bus routes for the Gallup-
McKinley County Schools, BIA Schools, and several private and
parochial schools. McKinley County is comprised of
approximately 5,454 total square miles, with approximately
61% of the land base classified as Native American and BIA
lands. McKinley County has approximately 540 miles of
maintained roads which provide access to and within the
Indian Reservation, Indian Trusts Lands, and Restricted
Indian Lands.
Our request is that the upcoming Intermodal Service
Transportation Efficiency Act (ISTEA) legislation be modified
to provide greater flexibility in the use of ISTEA funds on
local roadways, or modify the upcoming reauthorized version
of ISTEA to establish a ``Rural Area Set Aside for Local
Roads''. McKinley County would benefit greatly if County
Government could become eligible under the Indian Reservation
Roads (IRR) set aside funding. Currently the funding consists
of $191 million dollars per fiscal year which is allocated
directly to Indian Tribes and BIA.
The current legislation prohibits the use of ISTEA Surface
Transportation Funds for any roads that are functionally
classified as local or rural minor collectors. Since
virtually all County roads fall under this category, counties
throughout the nation do not currently qualify for ISTEA
funding.
On behalf of all counties within New Mexico, we are
requesting that the reauthorization of ISTEA funding have the
specific language which will provide funding for County
Government.
If you have any questions or need further clarification,
please do not hesitate to notify me at (505) 722-7171. Thank
you for your assistance and support to McKinley County.
Sincerely,
David J. Acosta,
Road Superintendent.
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Northwest New Mexico
Council of Governments,
Gallup, NM, July 25, 1997.
Hon. Jeff Bingaman,
U.S. Senate, Hart Building,
Washington, DC.
Dear Senator Bingaman: I am writing to express my support
and endorsement of your proposed bill pertaining to school
bus route roads on the Navajo Nation Reservation. (An
amendment to Section 1000 (a)(6) of the Intermodal Surface
Transportation Efficiency Act of 1991) The school bus routes
in northwest New Mexico, like much of the road network in the
region, are not well maintained. McKinley and San Juan
Counties public school systems, the BIA, and private schools
all provide educational opportunities to children on the
Navajo Reservation. The counties' school system, and school
bus route system is extensive, yet there are not adequate
funds to maintain school bus routes at the county level.
Other routes and counties in and around the Navajo
Reservation have these same problems.
This additional funding would allow the county school
systems to provide safe, adequate transportation of children
on the reservation to and from school.
Please contact me if you have any questions.
Sincerely,
Patricia Lundstrom,
Executive Director.
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By Mr. MURKOWSKI:
S. 1092. A bill to provide for a transfer of land interests in order
to facilitate surface transportation between the cities of Cold Bay,
AK, and King Cove, AK, and for other purposes; to the Committee on
Energy and Natural Resources.
Mr. MURKOWSKI. Mr. President, today I rise to introduce legislation
to benefit one of Alaska's most isolated regions, the Alaska Peninsula.
This bill, The Izembek Refuge Land Exchange Act, provides a balanced
approach to a difficult problem. In this remote area, there is a small
Aleut Native village, King Cove, which is completely isolated from
other Alaska cities and towns, and the rest of the world. The only way
you can get to King Cove is by air or sea. And in this part of Alaska,
the weather is so bad that neither sea or air is very reliable.
My bill will permit King Cove to be connected to the rest of the
world through a road link to Cold Bay, a regional center, and the
location of a good, all weather airport which can provide year round
and emergency medical evacuation for the residents of King Cove.
Currently, when somebody is injured or gravely ill, treatment is at the
mercy of weather and sea conditions.
Mr. President, King Cove is a tough place to live and the residents
are tough and independent people. Their ancestors migrated to this part
of the State thousands of years ago and have made a life out of this
area with its rich bounty of fish. But people get sick there just like
any place in the country, emergencies happen there more than most other
places in America because the lifestyle is so close to the edge.
We have had long debates in this body this year about access to
health care. Nowhere does this take on a more dramatic meaning than in
King Cove. When I say access, I mean access. That means the actual
physical ability to get to a hospital in Anchorage or Seattle to get
the specialized health care needed in the event of a serious emergency
or sickness. Right now, the residents of King Cove do not have this
access. Since 1981, 11 air crash fatalities have occurred flying
residentS from King Cove to Cold Bay. Numerous other crashes have also
occurred, luckily without fatalities.
[[Page S8366]]
Many of these crashes involved flying injured or sick people out of
King Cove in an attempt to get emergency care. Often the trip to care
is as dangerous as the infliction itself. For example, in 1981, a
medivac plane was forced to leave King Cove for an emergency/life and
death rescue mission. There was no alternative to this flight and the
plane crashed. Four people died including the pilot and the medivac
victim. Six years ago another fatal crash occurred with six people
killed. The list goes on.
This is a terrible place to have to fly out of if you cannot afford
to wait. On medical emergencies, nobody can afford to wait. These
residents are predominantly Alaska Natives, Aleuts for the most part.
They have a good Alaska Native hospital available to them in Anchorage.
In fact, thanks to this body, it is a new hospital with great
facilities. But it might as well be on the dark side of the Moon for
the residents of King Cove. When they need it, they can't be sure they
will be able to get to it.
This legislation provides the solution by allowing ground access to
an all-weather runway only 30 miles from King Cove in Cold Bay. In
fact, thanks to World War II, Cold Bay has the third longest runway in
the State. The runway has modern all weather equipment such as
instrument landing systems and many other modern landing system
improvements. In the past 4 years, the Cold Bay airport has seen only
one instance in which air traffic from Anchorage could not land. It is
safe to say that air operations can occur here in virtually all weather
and can accommodate the King Cove emergency needs at all times. With no
road between King Cove and Cold Bay there will be no hope for those
seeking help. My bill would provide a land exchange that will permit
the road to be built between King Cove and Cold Bay. This is the
reasonable solution.
Mr. President, there is a need for this road, but there will be
concerns raised because most of that road will be sited through the
Izembek National Wildlife Refuge. This is unavoidable. The refuge is
located completely astride the route between King Cove and Cold Bay.
This is nobody's fault, and I know that the Fish and Wildlife Service
has concerns. I also have concerns and my constituents and I are
prepared to do what it takes to minimize the impact of this road on the
surrounding area and resources.
The King Cove Corp. has proposed an exchange for valuable wetlands it
owns near the refuge for the road right of way. The bulk of the right
of way is already owned by King Cove as an inholding in the refuge.
Only 7 miles is not owned by King Cove and this is the Federal land
which would be exchanged under my bill. That portion is in the
wilderness portion of the refuge, but there is no alternative to this
except further danger to my constituents and the inevitable death and
destruction to future victims of the next air crash.
Mr. President, I stand ready to work with the Fish and Wildlife
Service to make this as constructive process as possible, but make no
mistake, it is absolutely critical that this road be built. My
constituents deserve a way to save their lives in times of emergency.
They cannot be hostage to fear for life and limb.
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By Mr. KERRY (for himself and Mr. McCain):
S. 1093. A bill to extend nondiscriminatory treatment (most-favored-
nation treatment) to the products of the Lao People's Democratic
Republic, and for other purposes; to the Committee on finance.
LAO PEOPLE'S DEMOCRATIC REPUBLIC MOST- FAVORED-NATION LEGISLATION
Mr. KERRY. Mr. President, today I am introducing legislation, along
with Senator McCain, to extend nondiscriminatory treatment most-
favored-nation treatment to the products of the Lao People's Democratic
Republic. To avoid confusion, let me say at the outset that this bill,
if enacted into law, would not give Laos special tariff treatment but
rather put it on a par with the vast majority of our trading partners.
This bill is identical to H.R. 2132, introduced in the House of
Representatives by Congressman Crane. The administration strongly
supports this bill.
Recognizing the importance of a free market economy to economic
growth and development, Laotian political leaders, in the late 1980's,
made a fundamental decision to abandon Laos' centrally planned economic
system and adopt free market reforms. Since taking this decision, the
Laotian Government has embarked upon a constant process of reform. Over
90 percent of the 600 state-owned enterprises have been privatized. The
foreign investment code, first adopted in 1989, was further liberalized
in 1994 to make it consistent with World Trade Organization [WTO]
standards. Laotian tariffs have been consistently reduced. An import-
export regime consistent with WTO standards has been legislated. In
1995 an intellectual property, patent and trademark protection law was
enacted. Laos has complied with International Monetary Fund guidelines
on fiscal policy, instituted making reforms, and is following stringent
fiscal management to reduce inflation.
In recognition of these developments, the Association of Southeast
Asian Nations [ASEAN] admitted Laos as a member this month. The Laotian
Government is now revising its laws and regulations, as necessary, to
be consistent with ASEAN and ASEAN free trade agreement requirements.
The United States and Laos have also taken steps to improve bilateral
economic relations. Last year, an OPIC agreement was successfully
negotiated. The U.S. Trade Representative's Office and Laotian
officials are currently negotiating a bilateral trade agreement, which
will also meet WTO standards.
Reform in the economic area has been accompanied by major political
changes as well in Laos. All but three political prisoners from the
Southeast Asian war era have been released. In 1990 the Laotian
Government adopted a constitution and bill of rights based on
principles enshrined in the U.S. Constitution. In fact, American
lawyers, serving as consultants, played a major role in writing these
documents. Nationwide elections by secret ballot in 1992 led to the
creation of a new National Assembly. Although still a one-party state,
it is worth noting that individual candidates did not have to be
Communist Party members to run in the elections, and in fact, several
members of the assembly are not Communist Party members. The Laotian
Government is also making a concerted effort to enhance the
independence of the judiciary.
The United States and Laos have established good working relations,
particularly on two issues of great importance to us--POW/MIA and
counter narcotics. Extending MFN to Laos makes sense economically, in
terms of the Laotian commitment to economic reform, and in terms of our
overall bilateral relationship.
Mr. President, I ask unanimous consent that the full text of the bill
be printed in the Record.
There being no objection, the bill ordered to be printed in the
Record, as follows:
S. 1093
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION I. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the Lao People's Democratic Republic is striving to
shed centralized government control of its economy in favor
of market-oriented reforms;
(2) extension of unconditional most-favored-nation
treatment would assist the Lao People's Democratic Republic
in developing its economy based on free market principles and
becoming competitive in the global marketplace;
(3) establishing normal commercial relations on a
reciprocal basis with the Lao People's Democratic Republic
will promote United States exports to the rapidly growing
Southeast Asian region and expand opportunities for United
States business and investment in the Lao People's Democratic
Republic economy;
(4) United States and Laotian commercial interests would
benefit from a commercial agreement between the United States
and the Lao People's Democratic Republic providing for market
access and the protection of intellectual property rights;
(5) economic reform in the Lao People's Democratic Republic
is increasingly important as that country integrates into the
ASEAN free-trade area and accedes to the World Trade
Organization; and
(6) expanding bilateral trade relations that include a
commercial agreement may promote further progress by the Lao
People's Democratic Republic on human rights and democratic
rule and assist that country in adopting regional and world
trading rules and principles.
[[Page S8367]]
SEC. 2. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE
PRODUCTS OF THE LAO PEOPLES DEMOCRATIC
REPUBLIC.
(a) Harmonized Tariff Schedule Amendment.--General note
3(b) of the Harmonized Tariff Schedule of the United States
is amended by striking ``Laos''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the effective date of
a notice published in the Federal Register by the United
States Trade Representative that a trade agreement obligating
reciprocal most-favored-nation treatment between the Lao
People's Democratic Republic and the United States has
entered into force.
SEC. 3. REPORT TO CONGRESS.
The President shall submit to the Congress, not later than
18 months after the date of the enactment of this Act, a
report on the trade relations between the United States and
the Lao People's Democratic Republic pursuant to the trade
agreement described in section 2(b).
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