Congressional Record, Volume 144 Issue 40 (Wednesday, April 1, 1998)

[Congressional Record Volume 144, Number 40 (Wednesday, April 1, 1998)]
[Senate]
[Pages S2968-S2987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. THURMOND:
S. 1894. A bill to amend the Alcoholic Beverage Labeling Act of 1988
to improve a warning label requirement; to the Committee on Commerce,
Science, and Transportation.

alcoholic beverage labeling act amendments

Mr. THURMOND. Mr. President, I am pleased to rise today to introduce
a bill to amend the Alcoholic Beverage Labeling Act of 1988. Current
law requires all containers of alcoholic beverages to display the
following warning on the label:

GOVERNMENT WARNING: (1) According to the Surgeon General,
women should not drink alcoholic beverages during pregnancy
because of the risk of birth defects. (2) Consumption of
alcoholic beverages impairs your ability to drive a car or
operate machinery, and may cause health problems.

For nine years this warning has made consumers aware of some of the
potential dangers associated with the consumption of alcohol. While I
am confident that this warning appropriately illustrates the hazards of
drinking during pregnancy and drinking and driving, I am concerned that
it does not adequately describe the negative health effects associated
with drinking alcohol. There is no shortage of well-substantiated
information about the detrimental health effects of drinking. Excessive
consumption of alcohol can raise the risk of stroke, heart disease,
high blood pressure, certain cancers, malnutrition, cirrhosis of the
liver, inflammation of the pancreas, and damage to the brain and heart.
Obviously, there are so many adverse consequences of excessive alcohol
consumption that it would be impossible to include them all on the face
of a label. The bill I am introducing today, however, will warn
consumers of the dangers associated with moderate consumption of
alcohol. I am concerned that citizens may not realize that even
moderate consumption of alcohol can put their health at risk. A recent
study conducted by the National Institute on Alcohol Abuse and
Alcoholism (NIAAA) indicates that there is an increased risk of breast
cancer associated with moderate drinking. Specifically, there is a 40
percent increase in the risk of breast cancer associated with an
average intake of one drink per day, and a doubling of the risk of
breast cancer with an average consumption of three drinks per day. The
NIAAA study also revealed that a moderate alcohol intake of about two
drinks per day can lead to an increase in blood pressure.
Mr. President, the use of alcoholic beverages, even in moderate
amounts, can have very serious health consequences that might
ultimately be fatal. The government has a legitimate and important role
to play in helping to assure that Americans understand these dangers.
The legislation I am introducing today will supplement the current
warning on labels to inform consumers of the dangers of moderate
alcohol consumption. Further, this legislation will require that the
warning label indicate that consumption of alcohol may lead to
alcoholism. Alcohol has an addictive effect much like illegal drugs,
and it is important that consumers are aware of this fact.
I urge my colleagues to join me in cosponsoring this critical
legislation and look forward to its speedy passage.
Mr. President, I ask unanimous consent that the text of this bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1894

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

SECTION 1. LABELING REQUIREMENT.

Section 204(a) of the Alcoholic Beverage Labeling Act of
1988 (27 U.S.C. 215(a)) is amended by striking ``may cause
health problems'' and inserting ``may lead to alcoholism. (3)
Moderate consumption of alcoholic beverages may cause health
problems such as hypertension and breast cancer''.
______

By Mr. McCONNELL:
S. 1896. A bill to transfer administrative jurisdiction over Land
Between the Lakes National Recreation Area to the Secretary of
Agriculture; to the Committee on Environment and Public Works.

the land between the lakes protection act of 1998

Mr. McCONNELL. Mr. President I have come to the floor today to
introduce a bill known as the Land Between the Lakes Protection Act.
Land Between the Lakes is a national treasure that must be protected.
It is visited by more than 2 million tourists a year who enjoy its
natural beauty, whether by camping, fishing, hunting, or just taking a
long hike with the family.
That's why, after studying this issue for over a year, we have
drafted a bill to ensure that the LBL, which so many Kentuckians enjoy
today, will be there for them--unchanged--tomorrow.
As a member of the Senate Appropriations Committee, my top priority
has been to provide LBL the money it needs to operate--including $6.9
million last year. I remain committed to providing that funding to
ensure that LBL remains a national treasure just like Mammoth Cave or
Daniel Boone National Forest.
But because of TVA Chairman Craven Crowell's harmful and ill-
considered request last year to zero-out LBL's funding, it may be that
Congress will deny funding to TVA's non-power budget this year. Because
of this reality, LBL needs a safety net. That's what this bill is--a
safety net.
If Congress decides to fund TVA then TVA will remain LBL's steward.
If TVA is denied funding, my bill will safely and seamlessly transition
LBL to a less controversial steward without interrupting the myriad of
recreational activities that millions of visitors have come to enjoy
every year.
There may be some who want to gamble everything on TVA receiving its
appropriation. But I believe LBL is far too precious for such an all or
nothing gambit. That's why our bill provides for both contingencies.
Mr. President, let me take a moment to explain some of the provisions
I have included in this legislation based on the input I have received
from area residents, and those who enjoy LBL. The goal of this bill is
to ensure that the day to day operations of LBL remain the same for its
visitors. Therefore, this bill codifies LBL's 1972 mission statement
and ensures that the Forest Service continues to manage LBL for
multiple use with a focus on recreation, conservation and environmental
education.
This legislation also gives the U.S. Fish and Wildlife Service the
authority

[[Page S2969]]

to assist the Forest Service in managing the wildlife populations and
educating visitors on the unique species at LBL, with an emphasis on
endangered species, like the American bald eagle. LBL is home to over
100 eagles.
One of the most important aspects of this bill is the creation of a
17-member citizen advisory board that will assist the Forest Service in
establishing a management plan at LBL. I believe this will ensure that
LBL managers are more responsive to the local concerns about
development at LBL. This will ensure that proposals like the ``Five
Concepts'' proposed by TVA in 1995 will never be considered again.
We have given the authority to Federal, State and local officials to
appoint the members to the board. While the board will represent a
variety of interests, I am confident that each will have the best
intentions for LBL foremost in mind.
The Secretary will appoint 4 individuals, two from each state. The
Governors from Kentucky and Tennessee will each nominate two
individuals from their state. The Kentucky and Tennessee Fish and
Wildlife Commissioners will each nominate 1 person. The Land Between
the Lakes Association, which is a non-profit organization that operates
the gift shops, planetarium and welcome stations at LBL, will nominate
one individual. The County Judge Executives from each of the three
counties, which make up LBL will each nominate two individuals.
This bill also protects existing TVA payments to counties, and
increases federal payments in lieu of taxes. This will ensure that
county schools and county services are not negatively impacted.
This bill creates a $5 million trust fund to be used for internships,
education grants, and regional economic and tourism promotion.
Finally, the bill also seeks to minimize any disruption to the
employees working at LBL. We have sought to ensure that all eligible
benefits provided to an employee will not be diminished or lost as a
result of transferring this facility. This bill also provides a
generous severance package based on a previous downsizing package
offered by TVA.
Mr. President, we are rapidly nearing the end of the fiscal year and
we need to ensure that this safety net is available if TVA doesn't
receive sufficient funding. I look forward to working with my
colleagues in the House and Senate, Republican and Democrat alike,
putting aside politics and doing right by all those who treasure LBL.
Finally, I want to thank the hundreds of Kentuckians who have worked
so closely with us in drafting this bill. I believe the plan we have
arrived at together will help secure LBL's future for a long, long
time.
Mr. President, I ask unanimous consent that a copy of the legislation
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1896

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be referred to as ``The Land
Between the Lakes Protection Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purposes.

TITLE I--ESTABLISHMENT, ADMINISTRATION, AND JURISDICTION

Sec. 101. Establishment.
Sec. 102. Civil and criminal jurisdiction.
Sec. 103. Payments to States and counties.
Sec. 104. Forest highways.

TITLE II--MANAGEMENT PROVISIONS

Sec. 201. Land and resource management plan.
Sec. 202. Advisory Board.
Sec. 203. Fees.
Sec. 204. Disposition of receipts.
Sec. 205. Special use authorizations.
Sec. 206. Cooperative authorities and gifts.
Sec. 207. Designation of national recreation trail.
Sec. 208. Cemeteries.
Sec. 209. Resource management.
Sec. 210. Dams and impoundments.
Sec. 211. Trust Fund.
Sec. 212. Electricity.

TITLE III--TRANSFER PROVISIONS

Sec. 301. Effective date of transfer.
Sec. 302. Statement of policy.
Sec. 303. Memorandum of agreement.
Sec. 304. Records.
Sec. 305. Transfer of personal property.
Sec. 306. Compliance with environmental laws.
Sec. 307. Personnel.

TITLE IV--FUNDING

Sec. 401. Tennessee Valley Authority transitional funding.
Sec. 402. Authorization of appropriations.

SEC. 2. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory board.--The term ``Advisory Board'' means the
Land Between the Lakes Advisory Board established under
section 202.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board of Directors of the Tennessee Valley Authority.
(4) Eligible employee.--The term ``eligible employee''
means a person that was, on the date of enactment of this
Act, a full-time employee of the Tennessee Valley Authority
at the Recreation Area.
(5) Environmental law.--
(A) In general.--The term ``environmental law'' means all
applicable Federal, State, and local laws (including
regulations) and requirements related to protection of human
health, natural and cultural resources, or the environment.
(B) Inclusions.--The term ``environmental law'' includes--
(i) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et seq.);
(v) the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.); and
(vii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(6) Forest highway.--The term ``forest highway'' has the
meaning given the term in section 101(a) of title 23, United
States Code.
(7) Governmental unit.--The term ``governmental unit''
means an agency of the Federal Government or a State or local
government, local governmental unit, public or municipal
corporation, or unit of a State university system.
(8) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(9) Person.--The term ``person'' has the meaning given the
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(10) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601).
(11) Recreation area.--The term ``Recreation Area'' means
the Land Between the Lakes National Recreation Area.
(12) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(13) Response action.--The term ``response action'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means the State of Kentucky
and the State of Tennessee.

SEC. 3. PURPOSES.

The purposes of this Act are--
(1) to transfer without consideration administrative
jurisdiction over the Recreation Area from the Tennessee
Valley Authority to the Secretary so that the Recreation Area
may be managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation
Area for optimum yield of outdoor recreation and
environmental education through multiple use management by
the Forest Service;
(3) to authorize, research, test, and demonstrate
innovative programs and cost-effective management of the
Recreation Area;
(4) to authorize the Secretary to cooperate between and
among the States, Federal agencies, private organizations,
and corporations, and individuals, as appropriate, in the
management of the Recreation Area and to help stimulate the
development of the surrounding region and extend the
beneficial results as widely as practicable; and
(5) to provide for the smooth and equitable transfer of
jurisdiction from the Tennessee Valley Authority to the
Secretary.
TITLE I--ESTABLISHMENT, ADMINISTRATION, AND JURISDICTION

SEC. 101. ESTABLISHMENT.

(a) In General.--On the transfer of administrative
jurisdiction under section 301, the Land Between the Lakes
National Recreation Area in the States of Kentucky and
Tennessee is established as a unit of the National Forest
System.
(b) Management.--

[[Page S2970]]

(1) In general.--The Secretary shall manage the Recreation
Area for multiple use as a unit of the National Forest
System.
(2) Emphases.--The emphases in the management of the
Recreation Area shall be--
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat; and
(C) to provide for diversity of native and desirable non-
native plants, animals, opportunities for hunting and
fishing, and environmental education.
(3) Status of unit.--The Secretary may administer the
Recreation Area as a separate unit of the National Forest
System or in conjunction with an existing national forest.
(c) Area Included.--
(1) In general.--The Recreation Area shall comprise the
federally owned land, water, and interests in the land and
water lying between Kentucky Lake and Lake Barkley in the
States of Kentucky and Tennessee, as generally depicted on
the map entitled ``Land Between the Lakes National Recreation
Area--January, 1998''.
(2) Map.--The map described in paragraph (1) shall be
available for public inspection in the Office of the Chief of
the Forest Service, Washington, D.C.
(d) Waters.--
(1) Water levels and navigation.--Nothing in this Act
affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and regulate water
levels and navigation of Kentucky Lake and Lake Barkley and
areas subject to flood easements.
(2) Occupancy and use.--Subject to the jurisdiction of the
Tennessee Valley Authority and the Army Corps of Engineers,
the Secretary shall have jurisdiction to regulate the
occupancy and use of the surface waters of the lakes for
recreational purposes.

SEC. 102. CIVIL AND CRIMINAL JURISDICTION.

(a) Administration.--The Secretary, acting through the
Chief of the Forest Service, shall administer the Recreation
Area in accordance with this Act and the laws, rules, and
regulations pertaining to the National Forest System.
(b) Status.--Land within the Recreation Area shall have the
status of land acquired under the Act of March 1, 1911
(commonly known as the ``Weeks Act'') (16 U.S.C. 515 et
seq.).

SEC. 103. PAYMENTS TO STATES AND COUNTIES.

(a) Payments in Lieu of Taxes.--Land within the Recreation
Area shall be subject to the provisions for payments in lieu
of taxes under chapter 69 of title 31, United States Code.
(b) Distribution.--All amounts received from charges, use
fees, and natural resource utilization, including timber and
agricultural receipts, shall not be subject to distribution
to States under the Act of May 23, 1908 (16 U.S.C. 500).
(c) Payments by the Tennessee Valley Authority.--After the
transfer of administrative jurisdiction is made under section
301--
(1) the Tennessee Valley Authority shall continue to
calculate the amount of payments to be made to States and
counties under section 13 of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831l); and
(2) each State (including, for the purposes of this
subsection, the State of Kentucky, the State of Tennessee,
and any other State) that receives a payment under that
section shall continue to calculate the amounts to be
distributed to the State and local governments, as though the
transfer had not been made.

SEC. 104. FOREST HIGHWAYS.

(a) In General.--For purposes of section 204 of title 23,
United States Code, the road known as ``The Trace'' and every
other paved road within the Recreation Area (including any
road constructed to secondary standards) shall be considered
to be a forest highway.
(b) State Responsibility.--
(1) In general.--The States shall be responsible for the
maintenance of forest highways within the Recreation Area.
(2) Reimbursement.--To the maximum extent provided by law,
from funds appropriated to the Department of Transportation
and available for purposes of highway construction and
maintenance, the Secretary of Transportation shall reimburse
the States for all or a portion of the costs of maintenance
of forest highways in the Recreation Area.
TITLE II--MANAGEMENT PROVISIONS

SEC. 201. LAND AND RESOURCE MANAGEMENT PLAN.

(a) In General.--As soon as practicable after the effective
date of the transfer of jurisdiction under section 301, the
Secretary shall prepare a land and resource management plan
for the Recreation Area in conformity with the National
Forest Management Act of 1976 (16 U.S.C. 472a et seq.) and
other applicable law.
(b) Interim Provision.--Until adoption of the land and
resource management plan, the Secretary may use, as
appropriate, the existing Tennessee Valley Authority
management plan to provide interim management direction. Use
of all or a portion of the management plan by the Secretary
shall not be considered to be a major Federal action
significantly affecting the quality of the human environment.

SEC. 202. ADVISORY BOARD.

(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish the
Land Between the Lakes Advisory Board.
(b) Membership.--The Advisory Board shall be composed of 17
members appointed as follows:
(1) 4 individuals appointed by the Secretary, including--
(A) 2 residents of the State of Kentucky; and
(B) 2 residents of the State of Tennessee.
(2) 2 individuals, including--
(A) 1 individual appointed by the Kentucky Fish and
Wildlife Commissioner or designee; and
(B) 1 individual appointed by the Tennessee Fish and
Wildlife Commission or designee.
(3) 1 individual appointed by the Land Between the Lakes
Association.
(4) 4 individuals, including--
(A) 2 individuals appointed by the Governor of the State of
Tennessee; and
(B) 2 individuals appointed by the Governor of the State of
Kentucky.
(5) 6 individuals, including 2 individuals appointed by
each of the counties containing the Recreation Area.
(c) Term.--
(1) In general.--The term of a member of the Advisory Board
shall be 5 years.
(2) Succession.--Members of the Advisory Board may not
succeed themselves.
(d) Chairperson.--The Regional Forester shall serve as
chairperson of the Advisory Board.
(e) Rules of Procedure.--The Secretary shall prescribe the
rules of procedure for the Advisory Board.
(f) Functions.--The Advisory Board may advise the Secretary
on--
(1) means of promoting public participation for the land
and resource management plan for the Recreation Area; and
(2) environmental education.
(g) Meetings.--
(1) Frequency.--The Advisory Board shall meet at least
biannually.
(2) Public meeting.--A meeting of the Advisory Board shall
be open to the general public.
(3) Notice of meetings.--The chairperson, through the
placement of notices in local news media and by other
appropriate means shall give 2 weeks' public notice of each
meeting of the Advisory Board.
(h) Termination.--The Secretary may terminate the Advisory
Board on or after the date as of which the Secretary
determines that implementation of the initial land and
resource management plan for the Recreation Area under
section 201 has begun.

SEC. 203. FEES.

(a) Authority.--The Secretary may charge reasonable fees
for admission to and the use of the designated sites, or for
activities, within the Recreation Area.
(b) Factors.--In determining whether to charge fees, the
Secretary may consider the costs of collection weighed
against potential income.
(c) Limitation.--No general entrance fees shall be charged
within the Recreation Area.

SEC. 204. DISPOSITION OF RECEIPTS.

(a) In General.--All amounts received from charges, use
fees, and natural resource utilization, including timber and
agricultural receipts, shall be deposited in a special fund
in the Treasury of the United States to be known as the
``Land Between the Lakes Management Fund''.
(b) Use.--Amounts in the Fund shall be available to the
Secretary until expended, without further Act of
appropriation, for the management of the Recreation Area,
including payment of salaries and expenses.

SEC. 205. SPECIAL USE AUTHORIZATIONS.

(a) In General.--In addition to other authorities for the
authorization of special uses within the National Forest
System, within the Recreation Area, the Secretary may, on
such terms and conditions as the Secretary may prescribe--
(1) convey for no consideration perpetual easements to
governmental units for public roads over U.S. Route 68 and
the Trace, and such other rights-of-way as the Secretary and
a governmental unit may agree;
(2) transfer or lease to governmental units developed
recreation sites or other facilities to be managed for public
purposes; and
(3) lease or authorize developed recreational sites or
other facilities, consistent with sections 3(2) and
101(b)(2), to for-profit and not-for-profit corporations and
organizations for renewable periods not to exceed 30 years.
(b) Consideration.--
(1) In general.--Consideration for a lease or other special
use authorization within the Recreation Area shall be based
on fair market value.
(2) Reduction or waiver.--The Secretary may reduce or waive
a fee to a governmental unit or nonprofit organization
commensurate with other consideration provided to the United
States, as determined by the Secretary.
(c) Procedure.--The Secretary may use any fair and
equitable method for authorizing special uses within the
Recreation Area, including public solicitation of proposals.
(d) Existing Authorizations.--
(1) In general.--A permit or other authorization granted by
the Tennessee Valley Authority that is in effect on the date
of enactment of this Act may continue on transfer of
administration of the Recreation Area to the Secretary.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued on termination under terms and
conditions prescribed by the Secretary.
(3) Exercise of rights.--The Secretary may exercise any of
the rights of the Tennessee Valley Authority contained in any

[[Page S2971]]

permit or other authorization, including any right to amend,
modify, and revoke the permit or authorization.

SEC. 206. COOPERATIVE AUTHORITIES AND GIFTS.

(a) Fish and Wildlife Service.--
(1) Management.--
(A) In general.--Subject to such terms and conditions as
the Secretary may prescribe, the Secretary may issue a
special use authorization to the United States Fish and
Wildlife Service for the management by the Service of
facilities and land agreed on by the Secretary and the
Secretary of the Interior.
(B) Fees.--
(i) In general.--Reasonable admission and use fees may be
charged for all areas administered by the United States Fish
and Wildlife Service.
(ii) Deposit.--The fees shall be deposited in accordance
with section 204.
(2) Cooperation.--The Secretary and the Secretary of the
Interior may cooperate or act jointly on activities such as
population monitoring and inventory of fish and wildlife with
emphasis on migratory birds and endangered and threatened
species, environmental education, visitor services,
conservation demonstration projects and scientific research.
(3) Subordination of fish and wildlife activities to
overall management.--The management and use of areas and
facilities under permit to the United States Fish and
Wildlife Service as authorized pursuant to this section shall
be subordinate to the overall management of the Recreation
Area as directed by the Secretary.
(b) Authorities.--For the management, maintenance,
operation, and interpretation of the Recreation Area and its
facilities, the Secretary may--
(1) make grants and enter into contracts and cooperative
agreements with Federal agencies, governmental units,
nonprofit organizations, corporations, and individuals; and
(2) accept gifts under Public Law 95-442 (7 U.S.C. 2269)
notwithstanding that the donor conducts business with any
agency of the Department of Agriculture or is regulated by
the Secretary of Agriculture.

SEC. 207. DESIGNATION OF NATIONAL RECREATION TRAIL.

Effective on the date of enactment of this Act, the North-
South Trail is designated as a national recreation trail
under section 4 of the National Trails System Act (16 U.S.C.
1243).

SEC. 208. CEMETERIES.

The Secretary shall conduct an inventory of and ensure
access to all cemeteries within the Recreation Area for
purposes of visitation and maintenance.

SEC. 209. RESOURCE MANAGEMENT.

(a) Minerals.--
(1) Withdrawal.--The land within the Recreation Area is
withdrawn from the operation of the mining and mineral
leasing laws of the United States.
(2) Use of mineral materials.--The Secretary may permit the
use of common varieties of mineral materials for the
development and maintenance of the Recreation Area.
(b) Hunting and Fishing.--
(1) In general.--The Secretary shall permit hunting and
fishing on land and water under the jurisdiction of the
Secretary within the boundaries of the Recreation Area in
accordance with applicable laws of the United States and of
each State, respectively.
(2) Prohibition.--
(A) In general.--The Secretary may designate areas where,
and establish periods when, hunting or fishing is prohibited
for reasons of public safety, administration, or public use
and enjoyment.
(B) Consultation.--Except in emergencies, a prohibition
under subparagraph (A) shall become effective only after
consultation with the appropriate fish and game departments
of the States.
(3) Fish and wildlife.--Nothing in this Act affects the
jurisdiction or responsibilities of the States with respect
to wildlife and fish on national forests.

SEC. 210. DAMS AND IMPOUNDMENTS.

(a) In General.--The Tennessee Valley Authority and the
Army Corps of Engineers, as appropriate, shall be responsible
for the maintenance of all dams, dikes, causeways,
impoundments, subimpoundments, and other water resources
facilities, including appurtenant roads and boat ramps,
existing within the Recreation Area on the date of enactment
of this Act.
(b) Removal.--A facility described in subsection (a) may be
removed and the associated land and water area restored to a
natural condition only with the approval of the Secretary.

SEC. 211. TRUST FUND.

(a) Establishment.--There is established in the Treasury of
the United States a special interest-bearing fund known as
the ``Land Between the Lakes Trust Fund''.
(b) Availability.--Amounts in the Fund shall be available
to the Secretary, until expended, for--
(1) public education, grants, and internships related to
recreation, conservation, and multiple use land management in
the Recreation Area; and
(2) regional promotion in the Recreation Area, in
cooperation with development districts, chambers of commerce,
and State and local governments.
(c) Deposits.--From revenues available to the Tennessee
Valley Authority from any source, the Tennessee Valley
Authority shall deposit into the Fund $1,000,000 annually for
each of 5 fiscal years that begin after the date of enactment
of this Act.

SEC. 212. ELECTRICITY.

The Tennessee Valley Authority shall compensate
distributors in providing the Secretary, at no charge,
continued electrical service, including maintenance of all
lines, poles, and other facilities necessary for the
distribution and use of electric power.
TITLE III--TRANSFER PROVISIONS

SEC. 301. EFFECTIVE DATE OF TRANSFER.

Effective on October 1 of the first fiscal year for which
Congress does not appropriate to the Tennessee Valley
Authority at least $6,000,000 for the Recreation Area,
administrative jurisdiction over the Recreation Area is
transferred from the Tennessee Valley Authority to the
Secretary.

SEC. 302. STATEMENT OF POLICY.

It is the policy of the United States that, to the maximum
extent practicable--
(1) the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary should
be effected in an efficient and cost-effective manner; and
(2) due consideration should be given to minimizing--
(A) disruption of the personal lives of the Tennessee
Valley Authority and Forest Service employees; and
(B) adverse impacts on permittees, contractees, and others
owning or operating businesses affected by the transfer.

SEC. 303. MEMORANDUM OF AGREEMENT.

(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary and the Tennessee Valley
Authority shall enter into a memorandum of agreement
concerning implementation of this Act.
(b) Provisions.--The memorandum of understanding shall
provide procedures for--
(1) the orderly withdrawal of officers and employees of the
Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition Team.--
(1) In general.--The memorandum of understanding may
provide for a transition team consisting of the Tennessee
Valley Authority and Forest Service employees.
(2) Duration.--The team may continue in existence after the
date of transfer.
(3) Personnel costs.--The Tennessee Valley Authority and
the Forest Service shall pay personnel costs of their
respective team members.

SEC. 304. RECORDS.

(a) Recreation Area Records.--The Secretary shall have
access to all records of the Tennessee Valley Authority
pertaining to the management of the Recreation Area.
(b) Personnel Records.--The Tennessee Valley Authority
personnel records shall be made available to the Secretary,
on request, to the extent the records are relevant to Forest
Service administration.
(c) Confidentiality.--The Tennessee Valley Authority may
prescribe terms and conditions on the availability of records
to protect the confidentiality of private or proprietary
information.
(d) Land Title Records.--The Tennessee Valley Authority
shall provide to the Secretary original records pertaining to
land titles, surveys, and other records pertaining to
transferred personal property and facilities.

SEC. 305. TRANSFER OF PERSONAL PROPERTY.

(a) Subject Property.--
(1) Inventory.--Not later than 60 days after the date of
enactment of this Act, the Tennessee Valley Authority shall
provide the Secretary with an inventory of all property and
facilities at the Recreation Area.
(2) Availability for transfer.--
(A) In general.--All Tennessee Valley Authority property
associated with the administration of the Recreation Area as
of January 1, 1998, including any property purchased with
Federal funds appropriated for the management of the
Tennessee Valley Authority land, shall be available for
transfer to the Secretary.
(B) Property included.--Property under subparagraph (A)
includes buildings, office furniture and supplies, computers,
office equipment, buildings, vehicles, tools, equipment,
maintenance supplies, boats, engines, and publications.
(3) Exclusion of property.--At the request of the
authorized representative of the Tennessee Valley Authority,
the Secretary may exclude movable property from transfer
based on a showing by the Tennessee Valley Authority that the
property is vital to the mission of the Tennessee Valley
Authority and cannot be replaced in a cost-effective manner,
if the Secretary determines that the property is not needed
for management of the Recreation Area.
(b) Designation.--Pursuant to such procedures as may be
prescribed in the memorandum of agreement entered into under
section 303, the Secretary shall identify and designate, in
writing, all Tennessee Valley Authority property to be
transferred to the Secretary.
(c) Facilitation of Transfer.--The Tennessee Valley
Authority shall, to the maximum extent practicable, use
existing appropriated and unappropriated funds and current
personnel to facilitate the transfer of

[[Page S2972]]

necessary property and facilities to the Secretary, including
replacement of signs and insignia, repainting of vehicles,
printing of public information, and training of new
personnel.
(d) Surplus Property.--
(1) Disposition.--Any personal property, including
structures and facilities, that the Secretary determines
cannot be efficiently managed and maintained either by the
Forest Service or by lease or permit to other persons may be
declared excess by the Secretary and--
(A) sold by the Secretary on such terms and conditions as
the Secretary may prescribe to achieve the maximum benefit to
the Federal Government; or
(B) disposed of under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(2) Deposit of proceeds.--All net proceeds from the
disposal of any property shall be deposited into the Fund
established by section 211.

SEC. 306. COMPLIANCE WITH ENVIRONMENTAL LAWS.

(a) Documentation of Existing Conditions.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Chairman and the Administrator
shall provide the Secretary all documentation and information
that exists on the environmental condition of the land and
waters comprising the Recreation Area property.
(2) Additional documentation.--The Chairman and the
Administrator shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the Recreation Area property as such
documentation and information becomes available.
(b) Action Required.--
(1) Assessment.--Not later than 120 days from the date of
enactment of this Act, the Chairman shall provide to the
Secretary an assessment indicating what action, if any, is
required under any environmental law on Recreation Area
property.
(2) Memorandum of understanding.--If the assessment
concludes action is required under any environmental law with
respect to any portion of the Recreation Area property, the
Secretary and the Chairman shall enter into a memorandum of
understanding that--
(A) provides for the performance by the Chairman of the
required actions identified in the assessment; and
(B) includes a schedule providing for the prompt completion
of the required actions to the satisfaction of the Secretary.
(c) Documentation Demonstrating Action.--On the transfer of
jurisdiction over the Recreation Area from the Tennessee
Valley Authority to the Secretary, the Chairman shall provide
the Secretary with documentation demonstrating that all
actions required under any environmental law have been taken,
including all response actions under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) that are necessary to protect
human health and the environment with respect to any
hazardous substance, pollutant, contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a
petroleum product on Recreation Area property.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Recreation Area
property under this Act, and the requirements of this
section, shall not in any way affect the responsibilities and
liabilities of the Tennessee Valley Authority at the
Recreation Area under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) or any other environmental law.
(2) Access.--After transfer of the Recreation Area
property, the Chairman shall be accorded any access to the
property that may be reasonably required to carry out the
responsibility or satisfy the liability referred to in
paragraph (1).
(3) No liability.--The Secretary shall not be liable under
any environmental law for matters that are related directly
or indirectly to present or past activities of the Tennessee
Valley Authority on the Recreation Area property, including
liability for--
(A) costs or performance of response actions required under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related
to the Recreation Area; or
(B) costs, penalties, fines, or performance of actions
related to noncompliance with any environmental law at or
related to the Recreation Area or related to the presence,
release, or threat of release of any hazardous substance,
pollutant, or contaminant, hazardous waste, hazardous
material, or petroleum product or derivative of a petroleum
product of any kind at or related to the Recreation Area,
including contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except
as provided in paragraph (3), nothing in this Act affects,
modifies, amends, repeals, alters, limits or otherwise
changes, directly or indirectly, the responsibilities or
liabilities under any environmental law of any person with
respect to the Secretary.
(e) Other Federal Agencies.--Subject to the other
provisions of this section, a Federal agency that carried or
carries out operations at the Recreation Area resulting in
the release or threatened release of a hazardous substance,
pollutant, or contaminant, hazardous waste, hazardous
material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any
environmental law shall pay the costs of related response
actions and shall pay the costs of related actions to
remediate petroleum products or their derivatives.

SEC. 307. PERSONNEL.

(a) In General.--
(1) Hiring.--Notwithstanding section 3503 of title 5,
United States Code, and subject to paragraph (2), the
Secretary may--
(A) appoint, hire, and discharge officers and employees to
administer the Recreation Area; and
(B) pay the officers and employees at levels that are
commensurate with levels at other units of the National
Forest System.
(2) Interim retention of eligible employees.--
(A) In general.--For a period of not less than 5 months
after the effective date of transfer to the Forest Service--
(i) all eligible employees shall be retained in the
employment of the Tennessee Valley Authority;
(ii) those eligible employees shall be considered to be
placed on detail to the Secretary and shall be subject to the
direction of the Secretary; and
(iii) the Secretary shall reimburse the Tennessee Valley
Authority for the amount of the basic pay of those eligible
employees, and the Tennessee Valley Authority shall remain
responsible for all other compensation of those employees.
(B) Notice to employees.--The Secretary shall provide
eligible employees a written notice of not less than 30 days
before termination.
(C) Termination for cause.--Subparagraph (A) does not
preclude a termination for cause during the 5-month period.
(b) Applications for Transfer and Appointment.--An eligible
employee shall have the right to apply for employment by the
Secretary under procedures for transfer and appointment of
Federal employees outside the Department of Agriculture.
(c) Hiring by the Secretary.--
(1) In general.--Subject to subsection (b), in filling
personnel positions within the Recreation Area, the Secretary
shall follow all laws (including regulations) and policies
applicable to the Department of Agriculture.
(2) Notification and hiring.--Notwithstanding paragraph
(1), the Secretary--
(A) shall notify all eligible employees of all openings for
positions with the Forest Service at the Recreation Area
before notifying other individuals or considering
applications by other individuals for the positions; and
(B) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify
other individuals of the openings.
(3) Noncompetitive appointments.--Notwithstanding any other
placement of career transition programs authorized by the
Office of Personnel Management of the United States
Department of Agriculture, the Secretary may noncompetitively
appoint eligible employees to positions in the Recreation
Area.
(4) Period of service.--Except to the extent that an
eligible employee that is appointed by the Secretary may be
otherwise compensated for the period of service as an
employee of the Tennessee Valley Authority, that period of
service shall be treated as a period of service as an
employee of the Secretary for the purposes of probation,
career tenure, time-in-grade, and leave.
(d) Transfer to Positions in Other Units of the Tennessee
Valley Authority.--The Tennessee Valley Authority--
(1) shall notify all eligible employees of all openings for
positions in other units of the Tennessee Valley Authority
before notifying other individuals or considering
applications by other individuals for the positions; and
(2) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify
other individuals of the openings.
(e) Employee Benefit Transition.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary and the heads of the Office
of Personnel Management and the Tennessee Valley Authority
Retirement System shall enter into a memorandum of
understanding providing for the transition for all eligible
employees of compensation made available through the
Tennessee Valley Authority Retirement System.
(B) Employee participation.--In deciding on the terms of
the memorandum of understanding, the Secretary and the heads
of the Office of Personnel Management and the Tennessee
Valley Authority Retirement System shall meet and consult
with and give full consideration to the views of employees
and representatives of the employees of the Tennessee Valley
Authority.
(2) Eligible employees that are transferred to other units
of tva.--An eligible employee that is transferred to another
unit of the Tennessee Valley Authority shall experience no
interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) Eligible employees that are hired by the secretary.--
(A) Level of benefits.--The Secretary shall provide to an
eligible employee that is hired by the Forest Service a level
of retirement and health benefits that is equivalent to the
level to which the eligible employee would have been entitled
if the eligible employee had remained an employee of the
Tennessee Valley Authority.
(B) Transfer of retirement benefits.--

[[Page S2973]]

(i) In general.--All retirement benefits accrued by an
eligible employee that is hired by the Forest Service shall
be transferred into the Federal Retirement System of the
Forest Service.
(ii) Funding shortfall.--

(I) In general.--For all eligible employees that are not
part of the Civil Service Retirement System, the Tennessee
Valley Authority shall meet any funding shortfall resulting
from the transfer of retirement benefits.
(II) Notification.--The Secretary shall notify the
Tennessee Valley Authority Board of the cost associated with
the transfer of retirement benefits.
(III) Payment.--Not later than 60 days after notification
under subclause (II), the Tennessee Valley Authority, using
nonappropriated funds, shall fully compensate the Secretary
for the costs associated with the transfer of retirement
benefits.
(IV) No interruption.--An eligible employee that is hired
by the Forest Service and is eligible for Civil Service
Retirement shall not experience any interruption in
retirement benefits.

(B) No interruption.--An eligible employee that is hired by
the Secretary--
(i) shall experience no interruption in coverage for any
health, leave, or other employee benefit; and
(ii) shall be entitled to carry over any leave time
accumulated during employment by the Tennessee Valley
Authority.
(C) Period of service.--Notwithstanding section 8411(b)(3)
of title 5, United States Code, except to the extent that an
eligible employee may be otherwise compensated (including the
provision of retirement benefits in accordance with the
memorandum of understanding) for the period of service as an
employee of the Tennessee Valley Authority, that period of
service shall be treated as a period of service as an
employee of the Secretary for all purposes relating to the
Federal employment of the eligible employee.
(4) Eligible employees that are discharged not for cause.--
(A) Level of benefits.--The parties to the memorandum of
understanding shall have authority to deem any applicable
requirement to be met, to make payments to an employee, or
take any other action necessary to provide to an eligible
employee that is discharged as being excess to the needs of
the Tennessee Valley Authority or the Secretary and not for
cause and that does not accept an offer of employment from
the Secretary, an optimum level of retirement and health
benefits that is equivalent to the level that has been
afforded employees discharged in previous reductions in force
by the Tennessee Valley Authority.
(B) Minimum benefits.--An eligible employee that is
discharged as being excess to the needs of the Tennessee
Valley Authority or the Secretary and not for cause shall, at
a minimum, be entitled to--
(i) at the option of the eligible employee--

(I) a lump-sum equal to $1,000, multiplied by the number of
years of service of the eligible employee (but not less than
$15,000 nor more than $25,000);
(II) a lump-sum payment equal to the amount of pay earned
by the eligible employee for the last 26 weeks of the
eligible employee's service; or
(III) the deemed addition of 5 years to the age and years
of service of an eligible employee;

(ii) 15 months of health benefits for employees and
dependents at the same level provided as of September 30,
1998;
(iii) 1 week of pay per year of service as provided by the
Tennessee Valley Authority Retirement System;
(iv) a lump-sum payment of all accumulated annual leave;
(v) unemployment compensation in accordance with State law;
(vi) eligible pension benefits as provided by the Tennessee
Valley Authority Retirement System; and
(vii) retraining assistance provided by the Tennessee
Valley Authority.
(C) Shortfall.--If the board of directors of the Tennessee
Valley Authority Retirement System determines that the cost
of providing the benefits described in subparagraph (B) would
have a negative impact on the overall retirement system, the
Tennessee Valley Authority shall be required to meet any
funding shortfalls using nonappropriated funds.
TITLE IV--FUNDING

SEC. 401. TENNESSEE VALLEY AUTHORITY TRANSITIONAL FUNDING.

(a) Availability to the Secretary.--
(1) In general.--After the effective date of transfer of
jurisdiction of the Recreation Area from the Tennessee Valley
Authority to the Secretary, all of the funds authorized to be
appropriated to the Tennessee Valley Authority for the
administration of the Recreation Area shall be available to
the Secretary to carry out this Act.
(2) Interagency agreement.--Funds made available to the
Tennessee Valley Authority for the transition shall be made
available to the Secretary pursuant to an interagency
agreement.
(b) Availability to the United States Fish and Wildlife
Service.--Funds appropriated to the Secretary of the Interior
for purposes of the United States Fish and Wildlife Service
shall be available to administer any portions of the
Recreation Area that are authorized for administration by the
Service under section 206(a).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

(a) Agriculture.--There are authorized to be appropriated
to the Secretary of Agriculture such sums as are necessary
to--
(1) permit the Secretary to exercise administrative
jurisdiction over the Recreation Area under this Act; and
(2) administer the Recreation Area area as a unit of the
National Forest System.
(b) Interior.--There are authorized to be appropriated to
the Secretary of the Interior such sums as are necessary to
carry out activities within the Recreation Area.
______

By Mr. ROCKEFELLER (for himself, Ms. Snowe, and Mr. Kerrey):
S. 1897. A bill to require accurate billing by telecommunications
carriers with respect to the costs and fees resulting from the
enactment of the Telecommunications Act of 1996, and for other
purposes; to the Committee on Commerce, Science, and Transportation.

THE CONSUMER protection act

Mr. ROCKEFELLER. Mr. President, it took Congress a decade to forge
consensus necessary to pass the 1996 Telecommunication Act. This bold
law was designed to promote competition in the dynamic
telecommunications industry, but such competition is to be balanced by
maintaining the commitment to universal service, a fundamental
principle which has ensured affordable access to communications for
every American, especially those in rural areas.

I voted for this historic legislation because in my view it struck
the right balance.
I support competition, but I will insist on universal service.
And I will insist on time to fully implement the Act. This bold law
seeks to move the $200 billion telecommunications industry to a more
competitive market, but it will not happen overnight. President Clinton
signed this major legislation into law in February 1998, just two years
ago. This started the telecommunications industry on the path toward
competition, but there have been some road blocks along the way with
implementation snags, mergers instead of competition, and excessive
litigation.
The current result, unfortunately, is confusion.
I do not want to reopen the Telecommunications Act, but I do want to
relieve the confusion among consumers who seem to be bearing the brunt
of this transition. Today, I am introducing bipartisan legislation
called the Consumer Protection Act to ensure ``truth in billing.'' I
believe that consumers deserve to have the truth, the whole truth about
changes in billings.
As the telecommunications industry moves from a regulated,
monopolistic model into a more competitive model, we need to ensure
that consumers get the information they need to make wise decisions in
selecting their telecommunications carriers. In a regulated market, the
regulations are intended to protect consumers' interests. Under a more
competitive model, we need to ensure that accurate information is
provided to consumers so they can protect themselves and use their
ability to choose in the market place.
This legislation is very simple. It directs the Federal
Communications Commission (FCC) and the Federal Trade Commission (FTC)
to investigate billing practices, and report on the findings to
Congress. If this investigation exposes misleading practices, we need
to have disciplinary action to protect consumers.
If telecommunications companies choose to use line-items on phones
bills, those companies must accurately report all regulatory actions,
including how federal actions reduce costs, such as the $1.5 billion in
access reductions provided in July 1997.
This legislation ensures that telecommunications companies cannot
selectively disclose only those pieces of information that are in the
companies' interest. When federal actions bring rates down, consumers
have the right to know. As the industry makes the transition to a more
competitive market, consumers deserve a full accounting so they can
make informed decisions when they choose their telecommunications
provider.
The Consumer Protection Act will ensure that consumers will see on
their own bill how companies allocate savings resulting from
deregulation of the industry, as companies are required to disclose how
savings are passed along to residential rates, small business rates and
other customer payment

[[Page S2974]]

plans. This is not re-regulation. Nothing in this dictates how much
companies can charge for their services. And nothing prevents companies
from putting line items on bills. Those choices are still entirely at
the companies' discretion. This legislation simply requires them to
tell the whole truth if they choose to put a line item on customers
bills.
The legislation has a third provision that requires companies using a
line-item on customer bills to file with the FCC all the revenue and
company reports they now file with the Securities and Exchange
Commission (SEC).
The idea behind this requirement is simple. Since we require
companies to report their revenues to the SEC in order to protect
stockholders, shouldn't we provide the same information to the FCC in
order to protect consumers?
During this period of transition from a monopoly-based system to a
market-based system, there will be some ups and downs. But we should
act to minimize confusion and protect consumers as the new market
evolves.
At the state level, public service commissions are beginning to take
steps to provide fuller, more accurate information to consumers. In
January of this year, New York Administrative Law Judge Eleanor Stein
recommended that telecommunications carriers be required to disclose
fully, in bills of all classes of customers, the fee increases and fee
reductions resulting from the enactment of the 1996 Telecommunications
Act.
In February the National Association of Regulatory Utility
Commissioners (NARUC) passed a resolution that clearly noted that line-
items are a business choice made by companies not a mandate from the
federal government. The NARUC resolution called on the FCC to take
action to require interstate carriers to provide accurate customer
notice and the purpose of line-items.
Some state officials are taking action. NARUC is calling on the FCC
to lead. Now Congress needs to end the confusion, and tell consumers
the truth.
I am proud that the Consumers Union supports this bipartisan
legislation. I welcome the support of my colleagues, Senator Snowe of
Maine and Senator Kerrey of Nebraska.
Mr. President, I ask unanimous consent that the full text of the bill
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1897

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

SECTION 1. FINDINGS; PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) Billing practices by telecommunications carriers may
not reflect accurately the cost or basis of the additional
telecommunications services and benefits that consumers
receive as a result of the enactment of the
Telecommunications Act of 1996 (Public Law 104-104) and other
Federal regulatory actions taken since the enactment of that
Act.
(2) Congress has never enacted a law with the intent of
permitting providers of telecommunications services to
misrepresent to customers the costs of providing services or
the services provided.
(3) Certain providers of telecommunications services have
established new, specific charges on customer bills commonly
known as ``line-item charges''.
(4) Certain providers of telecommunications services have
described such charges as ``Federal Universal Service Fees''
or similar fees.
(5) Such charges have generated significant confusion among
customers regarding the nature of and scope of universal
service and of the fees associated with universal service.
(6) The State of New York is considering action to protect
consumers by requiring telecommunications carriers to
disclose fully in the bills of all classes of customers the
fee increases and fee reductions resulting from the enactment
of the Telecommunications Act of 1996 and other regulatory
actions taken since the enactment of that Act.
(7) The National Association of Regulatory Utility
Commissioners adopted a resolution in February 1998
supporting action by the Federal Communications Commission to
require interstate carriers to provide accurate customer
notice regarding the implementation and purpose of end user
charges.
(b) Purpose.--It is the purpose of this Act to require the
Federal Communications Commission and the Federal Trade
Commission to protect consumers of telecommunications
services by assuring accurate cost reporting and billing
practices by telecommunications carriers nationwide.

SEC. 2. INVESTIGATION OF TELECOMMUNICATIONS CARRIERS BILLING
PRACTICES.

(a) Investigation.--
(1) Requirement.--The Federal Communications Commission and
the Federal Trade Commission shall jointly conduct an
investigation of the billing practices of telecommunications
carriers.
(2) Purpose.--The purpose of the investigation is to
determine whether the bills sent by carriers to their
customers accurately assess and correctly characterize any
additional fees paid by such customers for telecommunications
services as a result of the enactment of the
Telecommunications Act of 1996 (Public Law 104-104) and other
Federal regulatory actions taken since the enactment of that
Act.
(b) Determinations.--In carrying out the investigation
under subsection (a), the Federal Communications Commission
and the Federal Trade Commission shall determine the
following:
(1) The amount, if any, of additional fees imposed by
telecommunications carriers on their customers as a result of
the requirements of the Telecommunications Act of 1996
(including the amendments made by that Act) and other Federal
regulatory actions taken since the enactment of that Act
during the period beginning on June 30, 1997, and ending on
the date of enactment of that Act.
(2) In the event that additional fees described in
paragraph (1) are being imposed, the following:
(A) Whether the amount of such fees accurately reflect--
(i) the additional costs to carriers as a result of the
enactment of that Act (including the amendments made by that
Act) and other Federal regulatory actions taken since the
enactment of that Act; and
(ii) any reductions in costs, or other financial benefits,
to carriers as a result of the enactment of that Act
(including such amendments) and other Federal regulatory
actions taken since the enactment of that Act.
(B) Whether the bills that impose such fees characterize
correctly the nature and basis of such fees.
(c) Review of Records.--
(1) Authority.--For purposes of the investigation under
subsection (a), the Federal Communications Commission and the
Federal Trade Commission may obtain from any
telecommunications carrier any record of the carrier that is
relevant to the investigation.
(2) Use.--The Federal Communications Commission and the
Federal Trade Commission may use records obtained under this
subsection only for purposes of the investigation.
(d) Disciplinary Actions.--
(1) In general.--In the event that the Federal
Communications Commission or the Federal Trade Commission
determine as a result of the investigation under subsection
(a) that the bills sent by a telecommunications carrier to
its customers does not accurately assess or correctly
characterize any fee addressed in the investigation, the
Federal Communications Commission or the Federal Trade
Commission, as the case may be, shall take such actions
against the carrier as such Commission is authorized to take
under law.
(2) Additional actions.--If the Federal Communications
Commission or the Federal Trade Commission determines that
such Commission does not have adequate authority under law to
take appropriate actions under paragraph (1), the Federal
Communications Commission and the Federal Trade Commission
shall notify Congress of that determination in the report
under subsection (e).
(e) Report.--Not later than 45 days after the date of
enactment of this Act, the Federal Communications Commission
and the Federal Trade Commission shall jointly submit to
Congress a report on the results of the investigation under
subsection (a). The report shall include the determination,
if any, of either Commission under subsection (d)(2) and any
recommendations for further legislative action that the
Commissions consider appropriate.

SEC. 3. REQUIREMENTS FOR TELECOMMUNICATIONS CARRIERS IMPOSING
CERTAIN FEES FOR SERVICES.

(a) Requirements.--Any telecommunications carrier that
includes on any of the bills sent to its customers a charge
described in subsection (b) shall--
(1) specify in the bill imposing such charge any reduction
in charges or fees allocable to all classes of customers
(including customers of residential basic service, customers
of other residential services, small business customers, and
other business customers) by reason of any regulatory action
of the Federal Government; and
(2) submit to the Federal Communications Commission the
reports required to be submitted by the carrier to the
Securities and Exchange Commission under sections 13(a) and
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)).
(b) Covered Charges.--Subsection (a) applies in the case of
the following charges:
(1) Any specific charge included after June 30, 1997, if
the imposition of the charge is attributed to a regulatory
action of the Federal Government.
(2) Any specific charge included before that date if the
description of the charge is changed after that date to
attribute the imposition of the charge to a regulatory action
of the Federal Government.

[[Page S2975]]

______

By Mr. BAUCUS (for himself and Mr. Burns):
S. 1899. A bill entitled ``Chippewa Cree Tribe of the Rocky Boy's
Reservation Indian Reserved Water Rights Settlement Act of 1998''; to
the Committee on Indian Affairs.

THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION INDIAN RESERVED
WATER RIGHTS SETTLEMENT ACT OF 1998

Mr. BAUCUS. Mr. President, I rise today to introduce the ``Chippewa
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights
Settlement Act of 1998'' along with my colleague Senator Burns.
This bill represents the culmination of sixteen years of intensive
technical studies and six years of negotiations involving the Chippewa
Cree Tribe, the State of Montana, local governments, water districts
and ranchers as well as the United States Departments of justice and
Interior.
The 108,000 acre Rocky Boy's Reservation is located west of Havre,
Montana in the Bears Paw Mountains with portions extending onto the
plains between the mountains and the Milk River in north-central
Montana. Historically, the area was part of the large territory north
of the Missouri and Musselshell Rivers designated for the Blackfeet
Nation in the treaty of 1855.
In 1880 the Fort Assiniboine military reservation was established. In
1916 Congress set aside 56,035 acres for the Chippewa and Cree Bands of
Chief Rocky Boy. In 1947 it was expanded by 45,523 acres bringing it to
near its current size. None of the land has been allotted although some
individual assignments have been made.
The reservation is home to over 3,000 tribal members and has an
annual population growth exceeding 3%. While unemployment is estimated
at nearly 70% the tribe has made important progress in economic
development. Production of cattle and grain, development of timber and
tourism provide solid sources of tribal income.
The reservation is located in an area of scarce water supply. Studies
have demonstrated that the reservation could not sustain tribal
membership without additional supplies of water for drinking,
agricultural and municipal purposes.
Since 1992, the tribe, state and federal government have worked hard
to reach an equitable water rights settlement.
The tribe and state reached tentative agreement on the compact in
January 1997. The tribal Council passed a resolution supporting
ratification of the agreement shortly thereafter. In the spring of
1997, the Montana State Senate unanimously ratified the compact and the
State House gave its approval on a 91-9 vote. It was signed into law by
the Governor of Montana on April 14, 1997.
This legislation ratifies the compact and settles the tribe's claims
against the United States. The bill provides for:
(1) quantification of the tribe's water rights including 10,000 acre
feet from surface and groundwater sources on the reservation as well as
reserving 10,000 acre feet for the tribe from Lake Elwell, a US Bureau
of Reclamation Project located approximately 50 miles from the
reservation. The settlement does not provide for transport of this
water to the reservation;
(2) mitigation of impacts on off-reservation water use including
designating two pools of water stored in Bonneau Reservoir on the
reservation for irrigation, stockwatering and maintenance of water
quality on Box Elder Creek. Additional water will also be made
available for protecting the Brook Trout fishery in upper Beaver Creek;
(3) authorization of two feasibility studies by the Bureau of
Reclamation to examine water and related resources for both reservation
and off-reservation water supplies in the area, and;
(4) authorization of $25 million in Federal funding for development
of reservation water supplies including enlargement of Bonneau, Towe,
Brown and East Fork Reservoirs; a $3 million dollar economic
development fund for the tribe and $15 million for future importation
of drinking water to the reservation, a much needed project in north
central Montana. Additionally, $3 million will be provided for tribal
administration of the agreement.
This legislation would never have become a reality without the hard
work and cooperation of many people. I would especially like to
recognize the staff and tribal council of the Chippewa Cree Tribe, the
staff of the Montana Water Rights Compact Commission, the Department of
Interior and the Native American Rights Fund. I am particularly
grateful for the efforts of David Hayes, Special Counselor to Secretary
Babbitt. Mr. Hayes' involvement was like a breath of fresh air, he
moved forward when others were ready to give up on negotiations.
Mr. President, I look forward to working with Senator Burns to
expedite passage of this historic settlement.
I ask unanimous consent that the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1899

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Chippewa Cree Tribe of the
Rocky Boy's Reservation Indian Reserved Water Rights
Settlement Act of 1998''.

SEC. 2 FINDINGS.

Congress hereby finds that--
(1) in fulfillment of its trust responsibility to Indian
tribes and to promote tribal sovereignty and economic self
sufficiency, it is the policy of the United States to settle
the water rights claims of the tribes without lengthy and
costly litigation;
(2) the Rocky Boy's Reservation was established as a
homeland for the Chippewa Cree Tribe;
(3) adequate water for the Chippewa Cree Tribe of the Rocky
Boy's Reservation is important to a permanent, sustainable
and sovereign homeland for the Tribe and its members;
(4) the Chippewa Cree Tribe's sovereignty and Reservation
economy depend on the development of the Reservation's water
resources;
(5) the planning, design, and construction of the
facilities needed to utilize water supplies effectively are
necessary to the development of a viable Reservation economy
and to implementation of the Chippewa Cree-Montana Water
Rights Compact;
(6) the Rocky Boy's Reservation is located in a water short
area of the State of Montana and the Compact contemplates the
development of additional water supplies, including
importation of domestic water, to meet the needs of the
Chippewa Cree Tribe;
(7) proceedings to determine the full extent of the
Chippewa Cree Tribe's water rights are currently pending
before the Montana Water Court as a part of ``In the Matter
of the Adjudication of All Rights to the Use of Water, Both
Surface and Underground, within the State of Montana;''
(8) recognizing that final resolution of the general stream
adjudication will take many years and entail great expense to
all parties, prolong uncertainty as to the availability of
water supplies, and seriously impair the long-term economic
planning and development of all parties, the Chippewa Cree
Tribe and the State of Montana entered into a Water Rights
Compact on April 14, 1997; and
(9) the allocation of water resources from the Tiber
Reservoir to the Tribe under this Act is uniquely suited to
the geographic, social, and economic characteristics of the
situation involved.

SEC. 3. PURPOSES OF ACT.

The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the State of Montana for--
(A) the Chippewa Cree Tribe; and
(B) the United States of America for the benefit of the
Chippewa Cree Tribe;
(2) to approve, ratify, and confirm, as modified herein,
the Water Rights Compact entered into by the Chippewa Cree
Tribe of the Rocky Boy's Reservation and the State of Montana
on April 14, 1997, and to provide funding and other
authorization necessary to its implementation;
(3) to authorize the Secretary of the Interior to execute
and implement the Water Rights Compact and to take such other
actions as are necessary to implement the Compact consistent
with this Act;
(4) to authorize Federal feasibility studies designed to
identify and analyze potential mechanisms to enhance, through
conservation or otherwise, water supplies in North Central
Montana, including, but not limited to, mechanisms to import
domestic water supplies for the future growth of the Rocky
Boy's Indian Reservation;
(5) to authorize certain projects on the Rocky Boy's Indian
Reservation, Montana, in order to implement the Compact;
(6) to authorize certain modifications to the purposes and
operation of the Bureau of Reclamation's Tiber Dam and Lake
Elwell on the Marias River in Montana in order to implement
the Compact; and
(7) to authorize appropriation of funds necessary for the
implementation of the Compact.

SEC. 4. DEFINITIONS.

As used in this Act--
(1) ``Compact'' means the water rights compact between the
Chippewa Cree Tribe of the Rocky Boy's Reservation and the
State of Montana published at 85-20-601 MCA (1997);

[[Page S2976]]

(2) ``Final'' with reference to approval of the decree in
section 5(b) means completion of any direct appeal to the
Montana Supreme Court of a final decree by the Water Court
pursuant to 85-2-235, MCA (1997), or to the Federal Court of
Appeals, including the expiration of the time in which a
petition for certiorari may be filed in the United States
Supreme Court, denial of such a petition, or the issuance of
the Supreme Court's mandate, whichever occurs last;
(3) ``Missouri River System'' means the mainstem of the
Missouri River and its tributaries, including but not limited
to the Marias River;
(4) ``Secretary'' means the Secretary of the United States
Department of the Interior, or his or her duly authorized
representative;
(5) ``Towe Ponds'' means the reservoir or reservoirs
referred to as ``Stoneman Reservoir'' in the Compact;
(6) ``Tribal Compact Administration'' means the activities
assumed by the Tribe for implementation of the Compact as set
forth in Article IV of the Compact;
(7) ``Tribal Water Right'' means the right of the Chippewa
Cree Tribe of the Rocky Boy's Reservation to divert, use, or
store water as described by Article III of the Compact;
(8) ``Tribe'' means the Chippewa Cree Tribe of the Rocky
Boy's Reservation and all officers, agents, and departments
thereof;
(9) ``Water development'' includes all activities that
involve the use of water or modification of water courses or
water bodies in any way.

SEC. 5. RATIFICATION OF COMPACT AND ENTRY OF DECREE.

(a) Water Rights Compact Approved.--Except as modified by
this Act, and to the extent the Compact does not conflict
with this Act, the Water Rights Compact entered into by the
Chippewa Cree Tribe of the Rocky Boy's Reservation and the
State of Montana on April 14, 1997, is hereby approved,
ratified and confirmed and the Secretary shall execute and
implement the Compact together with any amendments agreed to
by the parties or necessary to bring the Compact into
conformity with this Act, and to take such other actions as
are necessary to implement the Compact.
(b) Approval of ``Proposed Decree''.--No later than 180
days after the date of the enactment of this Act, the United
States, the Tribe, or the State of Montana shall petition the
Montana Water Court, individually or jointly, to enter and
approve the ``Proposed Decree'' agreed to by the United
States, the Tribe, and the State of Montana attached as
Appendix 1 to the Compact, or any amended version thereof
agreed to by the United States, the Tribe and the State of
Montana. Resort may be had to the Federal District Court in
the circumstances set forth in Article VII.B.4 of the
Compact. In the event the approval by the appropriate court,
including any direct appeal, does not become final within
three (3) years following the filing of the decree, or the
decree is approved but is subsequently set aside by the
appropriate court, the Compact shall be void. The Secretary
may act for the United States to extend this three (3) year
deadline twice in one (1) year increments on agreement with
the State and the Tribe.

SEC. 6. USE AND TRANSFER OF THE TRIBAL WATER RIGHT.

(a) Administration and Enforcement.--As provided in the
Compact, until the adoption and approval of a tribal water
code, the Secretary shall administer and enforce the Tribal
Water Right.
(b) Tribal Member Entitlement.--Any entitlement to Federal
Indian reserved water of any tribal member shall be satisfied
solely from the water secured to the Tribe by the Compact and
shall be governed by the terms and conditions thereof. Such
entitlement shall be administered by the Tribe pursuant to a
tribal water code developed and adopted pursuant to Article
IV.A.2. of the Compact, or by the Secretary pending the
adoption and approval of the tribal water code.
(c) Temporary Transfer of Tribal Water Right.--
Notwithstanding any other provision of statutory or common
law, the Tribe may, with the approval of the Secretary and
subject to the limitations and conditions set forth in the
Compact, including limitation on transfer of any portion of
the Tribal Water right to within the Missouri River Basin,
enter into a service contract, lease, exchange, or other
agreement providing for the temporary delivery, use, or
transfer of the water rights confirmed to the Tribe in the
Compact; provided, however, that no service contract, lease,
exchange or other agreement entered into under this
subsection may permanently alienate any portion of the Tribal
Water Right.

SEC. 7. FEASIBILITY STUDIES AUTHORIZATION.

(a) Municipal, Rural and Industrial Feasibility Study.--The
Secretary of the Interior, through the Bureau of Reclamation
shall perform a municipal, rural, and industrial (MR&I)
feasibility study of water and related resources in North
Central Montana to evaluate alternatives for an MR&I supply
for the Rocky Boy's Reservation. The study shall include but
not be limited to the feasibility of releasing the Tribe's
Tiber allocation as provided in section 8 of this Act into
the Missouri River System for later diversion to a treatment
and delivery system for the Rocky Boy's Reservation. The MR&I
Study shall include utilization of existing Federal and non-
Federal studies and shall be planned and conducted in
consultation with other Federal agencies, the State of
Montana, and the Chippewa-Cree Tribe.
(b) Acceptance or Participation in Identified Off-
Reservation System.--The United States, the Chippewa Cree
Tribe of the Rocky Boy's Reservation, and the State of
Montana shall not be obligated to accept or participate in
any potential off-reservation water supply system identified
in the MR&I Feasibility Study authorized in subsection 7(a)
of this Act.
(c) Regional Feasibility Study.--The Secretary, through the
Bureau of Reclamation, shall conduct, pursuant to Reclamation
Law, a Regional Feasibility Study to evaluate water and
related resources in North Central Montana in order to
determine the limitations of such resources and how they can
best be managed and developed to serve the needs of the
citizens of Montana. The Regional Study shall evaluate
existing and potential water supplies, uses, and management;
identify major water related issues, including environmental,
water supply and economic issues; evaluate opportunities to
resolve such issues; and evaluate options for implementation
of resolutions to issues. Because of the regional and
international impact of the Regional Study, it may not be
segmented. The Regional Study shall utilize, to the maximum
extent possible, existing information and shall be planned
and conducted in consultation with all affected interests,
including interests in Canada.

SEC. 8. TIBER RESERVOIR ALLOCATION.

(A) Allocation of Water to the Tribe.--(1) The Secretary
shall permanently allocate to the Tribe, without cost to the
Tribe, 10,000 acre-feet per year of stored water from the
water right of the Bureau of Reclamation in Lake Elwell,
Lower Marias Unit, Upper Missouri Division, Pick-Sloan
Missouri Basin Program, Montana, measured at the outlet works
of the dam or at the diversion point from the reservoir. The
allocation shall be effective when the requirements of
section 5(b) of this Act are met.
(2) The Secretary shall enter into an agreement with the
Tribe setting forth the terms of the allocation and providing
for the Tribe's use or temporary transfer of water stored in
Lake Elwell, subject to the terms and conditions of the
Compact and this Act.
(3) The allocation provided in this section shall be
subject to the prior reserved water rights, if any, of any
Indian tribe, or persons claiming water through any Indian
Tribe.
(b) Use and Temporary Transfer of Allocation.--(1) Subject
to the limitations and conditions set forth in the Compact
and this Act, the Tribe shall have the right to devote the
water allocated by this Section to any use, including, but
not limited to, agricultural, municipal, commercial,
industrial, mining, or recreational uses, within or outside
the rocky Boy's Reservation.
(2) Notwithstanding any other provision of statutory or
common law, the Tribe may, with the approval of the Secretary
and subject to the limitations and conditions set forth in
the Compact, enter into a service contract, lease, exchange,
or other agreement providing for the temporary delivery, use,
or transfer of the water allocated by this section: Provided,
however, That no service contract, lease, exchange, or other
agreement may permanently alienate any portion of the tribal
allocation.
(c) Remaining Storage.--The United States shall retain the
right to use for any authorized purpose, any and all storage
remaining in Lake Elwell after the allocation made to the
Tribe in subsection (a)(1) of this section.
(d) Water Transport Obligation; Development and Delivery
Costs.--The United States shall have no responsibility or
obligation to provide any facilities for the transport of the
water allocated by this section to the Rocky boy's
Reservation or to any other location. Except for the
contribution set forth in section 11(b)(3) of this Act, the
cost of developing and delivering the water allocated by this
section or any other supplemental water to the Rocky Boys
Reservation shall not be borne by the United States.
(e) Act Not Precedential.--The provisions of this Act
regarding the allocation of water resources from the Tiber
Reservoir to the Tribe shall not be precedent for any other
Indian water right claims.

SEC. 9. ON-RESERVATION WATER RESOURCES DEVELOPMENT.

(a) Water Development Projects.--The Secretary of the
Interior, through the Bureau of Reclamation, is authorized
and directed to plan, design, and construct, or to provide,
pursuant to subsection (b) of this section, for the planning,
design, and construction of the following water development
projects on the Rocky Boy's Reservation:
(1) Bonneau Dam and Reservoir Enlargement.
(2) East Fork of Beaver Creek Dam Repair and Enlargement
(3) Brown's Dam Enlargement.
(4) Towe Ponds' Enlargement.
(5) Such other water development projects as the Tribe
shall from time to time deem appropriate.
(b) Implementation Agreement.--The Secretary, at the
request of the Tribe, shall enter into an agreement with the
Tribe to implement the provisions of this Act through the
Tribe's Self-Governance Compact and Annual Funding Agreement
by which the Tribe shall plan, design, and construct any or
all of the projects authorized by this section.
(c) Bureau of Reclamation Project Administration.--The
Secretary, through the Bureau of Reclamation, has entered
into an

[[Page S2977]]

agreement with the Tribe, pursuant to P.L. 93-638, as amended
by the Self Governance Act, defining and limiting the role of
the Bureau of Reclamation in its administration of the
projects authorized in subsection (a) of this section;
establishing the standards upon which the projects will be
constructed; and for other purposes necessary to implement
this section. This agreement shall be effective on the Tribe
exercising its right under subsection (b) of this section.

SEC. 10. CHIPPEWA CREE INDIAN RESERVED WATER RIGHTS
SETTLEMENT FUND.

(a) Establishment of Trust Fund.--There is hereby
established in the Treasury of the United States a trust fund
for the Chippewa Cree Tribe of the Rocky Boy's Reservation to
be known as the ``Chippewa Cree Indian Reserved Water Rights
Settlement Trust Fund.'' Pursuant to the provisions of the
Trust Fund Management Act of 1994, 25 U.S.C. 4001 et seq.,
the Tribe, with the approval of the Secretary, may transfer
the Fund to a mutually agreed upon private financial
institution. The Fund shall consist of the following
accounts:
(1) Tribal Compact Administration Account.
(2) Economic Development Account.
(3) Future Water Supply Facilities Account.
(b) Fund Composition.--The Fund shall consist of such
amounts as are appropriated to its accounts in accordance
with the authorizations for appropriations in subsections
(b)(1), (2), and (3) of section 11 of this Act together with
all interest which accrues on the Fund: Provided, That, if
the Tribe exercises its right pursuant to subsection (a) of
this section to transfer the funds to a private financial
institution, except as provided in the transfer agreement,
the Secretary shall retain no oversight over the investment
of the funds. In addition, the transfer agreement shall
provide for the appropriate terms and conditions, if any, on
expenditures from the Fund in addition to the plans set forth
in subsections (c)(2) and (c)(3) of this section.
(c) Use of Fund.--The Tribe may use the Fund to fulfill the
purposes of this Act, subject to the following restrictions
on expenditures:
(1) Except for $400,000 necessary for capital expenditures
in connection with tribal compact administration, only
interest accrued on the Tribal Compact Administration Account
shall be available to satisfy the Tribe's obligations for
tribal compact administration under the provisions of the
Compact.
(2) Both principal and accrued interest on the Economic
Development Account shall be available to the Tribe for
expenditure pursuant to an Economic Development Plan approved
by the Secretary.
(3) Both principal and accrued interest on the Future Water
Supply Facilities Account shall be available to the Tribe for
expenditure pursuant to a Water Supply Plan approved by the
Secretary.
(d) Agreement Regarding Fund Expenditures.--If the Tribe
does not exercise its right under subsection (a) of this
section to transfer the funds to a private financial
institution, the Secretary shall enter into an agreement with
the Tribe providing for appropriate terms and conditions, if
any, on expenditures from the Fund in addition to the plans
set forth in subsections (e)(2) and (c)(3) of this section.
(e) Per Capita Distributions Prohibited.--No part of the
Fund shall be distributed on a per capita basis to members of
the Tribe.
(f) Congressional Intent.--Nothing in this Act is
intended--
(1) to alter the trust responsibility of the United States
to the Tribe; or
(2) to prohibit the Tribe from seeking additional
authorization or appropriation of funds for tribal programs
or purposes.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

(a) Feasibility Studies.--There is authorized to be
appropriated to the Department of Interior, Bureau of
Reclamation, not to exceed $4,000,000 for the purpose of
conducting the Feasibility Studies authorized in section 7(a)
and (c) of this Act as follows:
(a) $1,000,000 in FY 1999 to be divided equally between the
two studies.
(2) $3,000,000 in FY 2000; $500,000 for the study
authorized in section 7(a) and the balance for the study
authorized in section 7(c).
(b) Chippewa Cree Fund.--There is authorized to be
appropriated to the Department of the Interior, Bureau of
Indian Affairs, for the Chippewa Cree Fund, established in
section 10 of this Act, $21,000,000 as follows:
(1) Tribal compact administration account.--For tribal
compact administration assumed by the Tribe under the Compact
and this Act $3,000,000 in FY 1999.
(2) Economic development account.--For Tribal economic
development, $3,000,000, in FY 2000.
(3) Future water supply facilities account.--For the total
Federal contribution to the planning, design, construction,
operation, maintenance and rehabilitation of a future
Reservation water supply system, $15,000,000 as follows:
(A) $2,000,000 in FY 1999.
(B) $5,000,000 in FY 2000.
(C) $8,000,000 in FY 2001.
(c) On-Reservation Water Development.--There is authorized
to be appropriated to the Department of the Interior, Bureau
of Reclamation, $24,000,000 for the construction of the on-
Reservation water development projects authorized by section
9 of this Act as follows:
(1) $13,000,000 in FY 2000 for the planning, design and
construction of the Bonneau Dam Enlargement. The Federal
contribution is provided for the development of additional
capacity in Bonneau Reservoir for storage of water secured to
the Tribe under the Compact.
(2) $8,000,000 in FY 2001 for the planning, design and
construction of the East Fork Dam and Reservoir enlargement
($4,000,000), of the Brown's Dam and Reservoir enlargement
($2,000,000), and the Towe Ponds enlargement ($2,000,000).
(3) $3,000,000 in FY 2002 for the planning, design and
construction of such other water resource developments as the
Tribe, with the approval of the Secretary, from time to time
may deem appropriate or for the completion of the four
projects enumerated in subsections 11(c)(1) and (2) of this
Act.
(4) Any unexpended balance in the funds appropriated under
paragraphs (c)(1) and (c)(2) of this section, after
substantial completion of all of the projects enumerated in
section 9(a)(1), (2), (3), and (4) shall be available to the
Tribe first for completion of the enumerated projects and
then for other water resource development projects under
Section 9(a)(5).
(d) Administration Costs.--There is authorized to be
appropriated to the Department of the Interior, Bureau of
Reclamation, in FY 2000, $1,000,000 for its costs of
administration: Provided, That, if such costs exceed
$1,000,000, the Bureau of Reclamation may use funds
authorized for appropriation under subsection (c) of this
section for such costs: Provided, further, That, the Bureau
of Reclamation shall exercise its best efforts to minimize
such costs to avoid exceeding $1,000,000.
(e) Availability of Funds.--The monies authorized in
section 11(a) and (b)(1) shall be available for use
immediately upon appropriation. Those monies deposited in the
Chippewa Cree Fund accounts shall draw interest consistent
with section 10(a), but the monies appropriated under section
11(b)(2) and (3) and 11(c) are not available for expenditure
until completion of the requirements of section 5(b) of this
Act and execution of the waiver and release required of Sec.
13(c).
(f) Without Fiscal Year Limitation.--All money appropriated
pursuant to authorizations under this Act shall be available
without fiscal year limitation.

SEC. 12. STATE CONTRIBUTIONS TO SETTLEMENT.

Consistent with Article VI.C.2. and C.3. of the Compact,
the State contribution to settlement shall be as follows:
(1) $150,000 for the following purposes: water quality
discharge monitoring wells and monitoring program; diversion
structure on Big Sandy Creek; conveyance structure on Box
Elder Creek; and purchase of contract water from Lower Beaver
Creek Reservoir.
(2) Subject to the availability of funds, the State shall
provide services valued at $400,000 for administration
required by the Compact and for water quality sampling
required by the Compact.

SEC. 13. MISCELLANEOUS PROVISIONS.

(a) Non-Exercise of Tribe's Rights.--The Tribe shall not
exercise the rights set forth in Article VII(A)(3) of the
Compact.
(b) Waiver of Sovereign Immunity.--The United States shall
not be deemed to have waived its sovereign immunity except to
the extent provided in subsections (a), (b), and (c) of
section 208 of the Act of July 10, 1952 (43 U.S.C. 666).
(c) Tribal Release of Claims Against the United States.--
(1) Upon passage of this Act, the Tribe shall execute a
waiver and release of the following claims against the United
States, the validity of which are not recognized by the
United States: Provided That the waiver and release of claims
shall not be effective until completion of the appropriation
of the funds set forth in section 11 of this Act and
completion of the requirements of section 5(b) of this Act.
(2) Any and all claims to water rights (including water
rights in surface water, groundwater, and effluent), claims
for injuries to water rights, claims for loss or deprivation
of use of water rights and claims for failure to acquire or
develop water rights for lands of the Tribe from time
immemorial to the date of ratification of the Compact by
Congress.
(3) Any and all claims arising out of the negotiation of
the Compact and the settlement authorized by this Act.
(4) In the event the waiver and release does not become
effective as set forth in subsection (c)(1), the United
States shall be entitled to set-off against any claim for
damages asserted by the Tribe against the United States any
funds transferred to the Tribe pursuant to section 11 and any
interest accrued thereon up to the date of set-off, and the
United States shall retain any other claims or defenses not
waived in this Act or in the Compact as modified by this Act.
(d) Other Tribes not Adversely Affected.--Nothing in this
Act is intended to quantify or otherwise adversely affect the
land and water rights, or claims or entitlements to land or
water of an Indian Tribe other than the Chippewa Cree Tribe.
(e) Environmental Compliance.--In implementing the Compact,
the Secretary shall comply with all aspects of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and the Endangered Species Act (16 U.S.C. 1531 et. seq.), and
all other applicable environmental acts and regulations.
(f) Execution of Compact.--Execution of the Compact by the
Secretary as provided for in this Act shall not constitute a
major Federal Action under the National Environmental Policyh
Act (42 U.S.C. 4321 et seq.). The Secretary is directed to
carry out all

[[Page S2978]]

necessary environmental compliance required by Federal law in
implementing this agreement.
(g) Act Not Precedential.--Nothing in this Act shall be
construed or interpreted as a precedent for the litigation of
reserved water rights or the interpretation or administration
of future water settlement acts.

Mr. BURNS. Mr. President, today, I am pleased to join with my
colleagues from Montana, Senator Baucus, to introduce the The Chippewa
Cree Tribe of the Rocky Boy's Reservation Indian Reserved Water Rights
Settlement Act of 1998, a bill to settle the claims and quantify the
water rights of the Chippewa Cree Tribe of the Rocky Boy's Reservation.
This bill is the culmination of many years of work and negotiations in
our state and will result in the federal government sanctioning the
water rights compact that has been adopted by the Montana State
Legislature. This settlement may represent a textbook example of how
state and tribal governments, together with off-reservation local
representatives, can sit down and resolve their differences. I am
pleased that local ranchers were involved in every step of the
discussions.
The Rocky Boy's Indian Reservation, the present homeland of the
Chippewa Cree Tribe, is located in area of scarce water supply. The
region is arid with an average annual precipitation of 12 inches
suitable for growing hay. However, an average annual precipitation of
30 inches of snowpack in the Bearpaw Mountains contributes to a
significant spring runoff. A more efficient and effective utilization
of that runoff is a critical part of this package. The state
legislation authorized funding for efficiency improvements that
mitigate the impact of tribal water development on off-reservation
water use.
By reaching an out of court settlement, the parties will--once this
package is implemented--go to the state water court and ask that all
pending litigation involving claims by the Tribe, and by the United
States on behalf of the Tribe, be dropped. The quantification of the
Tribe's water right will also clearly benefit upstream and downstream
users of water in the effected drainage, including the Big Sandy and
Beaver Creek as well as the Milk River. These other users will be able
to plan for their future because they will know precisely how much
water the Chippewa Cree Tribe is entitled to. One of the progressive
components of this settlement is a Water Compact Board made up of three
members, a tribal representative, an off-reservation representative and
a third person mutually agreed to by the state and tribe. This Board
will be tasked with resolving disputes between users of the tribal
water right and users of water rights recognized under state law.
The bill set ups a Chippewa Cree Fund that will include funds for the
administration of the compact, a tribal economic development account
and a future water supply facilities account. The bill allows for
increased on reservation storage at existing dams and two feasibility
studies for alternative sources and methods of delivery for MR&I water
supplies for both the reservation and the region. Finally, all parties
to this settlement agree that the Tribe will need more water in the
future for drinking purposes. While the settlement reserves 10,000 acre
feet of water in Tiber Reservoir, it does not propose a method of
delivery. We are all committed to revisiting the on-reservation
drinking water matter in the near future either through a pipeline or
other methods that will be part of the authorized studies.
Mr. President, I ask unanimous consent to include in the Record a
letter from our state's Governor, Marc Racicot, endorsing this
legislation. Senator Baucus and I will soon be asking the Indian
Affairs Committee to hold hearings and then to act favorable on this
bill as expeditiously as the Committee's schedule will allow.
There being no objection, the letter was ordered to be printed in the
Record, as follows:

Office of the Governor,

State of Montana,

Helena, MT, March 30, 1998.
Hon. Conrad Burns,
Dirksen Senate Office Bldg.,
Washington, DC.
Dear Senator Burns: I write to express my strong support
for Congressional ratification of the compact settling the
water rights of the Chippewa Cree Tribe of the Rocky Boy's
Reservation, and to express my appreciation for your efforts
in this process. The settlement of reserved water rights
claimed within the State of Montana is of utmost importance
to the State, particularly the reserved water rights claimed
within the water-short Milk River basin where the Rocky Boy's
Reservation lies. The Rocky Boy's Compact provides for the
development of much needed water resources on the
Reservation, while at the same time protecting existing water
development adjacent to, and downstream from the Reservation.
The federal funding for development will help alleviate some
of the very dire needs of Montana citizens who are Tribal
members living on the Reservation.
Thank you again for your efforts in helping us finalize
this historic agreement.
Sincerely,
Marc Racicot,
Governor.
______

By Mr. D'AMATO (for himself, Ms. Moseley-Braun, Mr. Shelby, Mr.
Faircloth, Mr. Bennett, Mr. Hagel, Mr. Sarbanes, Mr. Dodd, Mr.
Kerry, Mr. Bryan, Mrs. Boxer, Mr. Reed, and Mr. DeWine):
S. 1900. A bill to establish a commission to examine issues
pertaining to the disposition of Holocaust-era assets in the United
States before, during, and after World War II, and to make
recommendations to the President on further action, and for other
purposes; to the Committee on Banking, Housing, and Urban Affairs.

the u.s. holocaust assets commission act of 1998

Mr. D'AMATO. Mr. President, I rise today along with Senators Moseley-
Braun, Shelby, Faircloth, Bennett, Hagel, Sarbanes, Dodd, Kerry, Bryan,
Boxer, Reed and DeWine to introduce the U.S. Holocaust Assets
Commission Act of 1998. This legislation will create the ``Presidential
Advisory Commission on Holocaust Assets in the United States,'' that
will examine the disposition of assets of Holocaust victims, survivors,
and heirs here in the United States.

For two years now, I have worked closely with Ambassador Stuart
Eizenstat who has labored tirelessly to close this difficult chapter of
history in an honorable, speedy, and satisfactory manner. He cares
passionately that the survivors receive justice and I could not agree
more. I am pleased to say that the Administration fully supports this
legislation and we have worked with them closely over the past four
months to craft the language to bring this commission to reality.
While we have sought answers from Switzerland and other nations on
the disposition of dormant bank accounts and Nazi gold, we have not
pursued the issue here in the United States. Today, we begin this
search. Now we are obliged to set history straight and correct any
injustices in our own country. The United States has a moral
responsibility to address the same issues to which we have sought
answers from Switzerland and other nations in Europe. The spirit of
American decency demands no less.
If we are to provide long overdue justice to Holocaust survivors and
the heirs of the victims, we must do so as expeditiously as possible.
Time is of the essence if we are going to provide the necessary
restitution to this already aged and rapidly dwindling survivor
community. Moreover, by creating this commission we establish even
greater moral authority and diplomatic credibility with other nations
from which we seek answers on these important questions. Thus far,
twelve nations have already set up national commissions to look into
these issues.
With this legislation we will create a commisison that will seek to
find the disposition of the following assets in this country: dormant
bank accounts of Holocaust victims in U.S. banks; brokerage accounts,
securities, & bonds; artwork & religious/cultural artifacts; German-
looted gold shipped to the U.S. through the Tripartite Gold Commission;
and insurance policies.
As far as funding is concerned, the Commission will be funded for
$3.5 million, with the costs split by the interested agencies of the
U.S. Government. The Commission will operate through December 31, 1999,
the date its final report is due to the President.
The Commission will comprise members appointed by both the Congress
and the President, as well as private citizens who have demonstrated
their leadership on issues relating to the financial community, public
service, and the history of the Holocaust.

[[Page S2979]]

Mr. President, we need this Commission. We must leave no stone
unturned. If we are to fully examine the disposition of the assets of
the victims of the Holocaust, we cannot ignore what happened in this
country. While it is not within our power to change what happened
during WWII, it is within our power to correct a historic wrong by
providing answers to questions that have remained unanswered for over
fifty years. If we do at least this much now, then we will provide a
measure of comfort and justice for the survivors of the greatest evil
mankind has ever known. I encourage my colleagues to join me in this
legislation and I urge its speedy passage.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1900

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``U.S. Holocaust Assets
Commission Act of 1998''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is established a Presidential
Commission, to be known as the ``Presidential Advisory
Commission on Holocaust Assets in the United States''
(hereafter in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Number.--The Commission shall be composed of 23
members, appointed in accordance with paragraph (2).
(2) Appointments.--Of the 23 members of the Commission--
(A) 11 shall be private citizens, appointed by the
President;
(B) 3 shall be representatives of the Department of State,
the Department of Justice, and the Department of the Treasury
(1 representative of each such Department), appointed by the
President;
(C) 2 shall be Members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(D) 2 shall be Members of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives;
(E) 2 shall be Members of the Senate, appointed by the
Majority Leader of the Senate;
(F) 2 shall be Members of the Senate, appointed by the
Minority Leader of the Senate; and
(G) 1 shall be the Chairperson of the United States
Holocaust Memorial Council.
(3) Criteria for membership.--Each private citizen
appointed to the Commission shall be an individual who has a
record of demonstrated leadership on issues relating to the
Holocaust or in the fields of commerce, culture, or education
that would assist the Commission in analyzing the disposition
of the assets of Holocaust victims.
(4) Advisory panels.--The Chairperson of the Commission
may, in the discretion of the Chairperson, establish advisory
panels to the Commission, including State or local officials,
representatives of organizations having an interest in the
work of the Commission, or others having expertise that is
relevant to the purposes of the Commission.
(5) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after the
date of enactment of this Act.
(c) Chairperson.--The Chairperson of the Commission shall
be selected by the President from among the members of the
Commission appointed under subparagraph (A) or (B) of
subsection (b)(2).
(d) Period of Appointment.--Members of the Commission shall
be appointed for the life of the Commission.
(e) Vacancies.--Any vacancy in the membership of the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson at any time after the date of appointment of the
Chairperson.
(g) Quorum.--Thirteen of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold meetings.

SEC. 3. DUTIES OF THE COMMISSION.

(a) Original Research.--
(1) In general.--Except as otherwise provided in paragraph
(3), the Commission shall conduct a thorough study and
develop an historical record of the collection and
disposition of the assets described in paragraph (2), if such
assets came into the possession or control of the Federal
Government at any time after January 30, 1933, either--
(A) after having been obtained from victims of the
Holocaust by, on behalf of, or under authority of a
government referred to in subsection (c); or
(B) because such assets were left unclaimed as the result
of actions taken by, on behalf of, or under authority of a
government referred to in subsection (c).
(2) Types of assets.--Assets described in this paragraph
include--
(A) gold;
(B) gems, jewelry, and non-gold precious metals;
(C) accounts in banks in the United States;
(D) domestic financial instruments purchased before May 8,
1945 by individual victims of the Holocaust, whether recorded
in the name of the victim or in the name of a nominee, and
whether or not held in a brokerage account;
(E) insurance policies and proceeds thereof;
(F) real estate situated in the United States;
(G) works of art; and
(H) books, manuscripts, and religious objects.
(3) Coordination of activities.--In carrying out its duties
under paragraph (1), the Commission shall, to the maximum
extent practicable, coordinate its activities with, and not
duplicate similar activities already or being undertaken by,
private individuals, private entities, or government
entities, whether domestic or foreign.
(b) Comprehensive Review of Other Research.--Upon request
by the Commission and permission by the relevant individuals
or entities, the Commission shall review comprehensively
research by private individuals, private entities, and non-
Federal government entities, whether domestic or foreign,
into the collection and disposition of the assets described
in subsection (a)(2), to the extent that such research
focuses on assets that came into the possession or control of
private individuals, private entities, or non-Federal
government entities within the United States at any time
after January 30, 1933, either--
(1) after having been obtained from victims of the
Holocaust by, on behalf of, or under authority of a
government referred to in subsection (c); or
(2) because such assets were left unclaimed as the result
of actions taken by, on behalf of, or under authority of a
government referred to in subsection (c).
(c) Governments Included.--A government referred to in this
subsection includes, as in existence during the period
beginning on March 23, 1933, and ending on May 8, 1945--
(1) the Nazi government of Germany;
(2) any government in any area occupied by the military
forces of the Nazi government of Germany;
(3) any government established with the assistance or
cooperation of the Nazi government of Germany; and
(4) any government which was an ally of the Nazi government
of Germany.
(d) Reports.--
(1) Submission to the president.--Not later than December
31, 1999, the Commission shall submit a final report to the
President that shall contain any recommendations for such
legislative, administrative, or other action as it deems
necessary or appropriate. The Commission may submit interim
reports to the President as it deems appropriate.
(2) Submission to the congress.--After receipt of the final
report under paragraph (1), the President shall submit to the
Congress any recommendations for legislative, administrative,
or other action that the President considers necessary or
appropriate.

SEC. 4. POWERS OF THE COMMISSION.

(a) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this Act.
(b) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out this Act. Upon request of the Chairperson of the
Commission, the head of any such department or agency shall
furnish such information to the Commission as expeditiously
as possible.
(c) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.

SEC. 5. COMMISSION PERSONNEL MATTERS.

(a) Compensation.--No member of the Commission who is a
private citizen shall be compensated for service on the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without
compensation in addition to that received for their services
as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Executive Director, Deputy Executive Director, General
Counsel, and Other Staff.--
(1) In general.--Not later than 90 days after the selection
of the Chairperson of the Commission under section 2, the
Chairperson shall, without regard to the civil service laws
and regulations, appoint an executive director, a deputy
executive director, and a general counsel of the Commission,
and such other additional personnel as may be necessary to
enable the Commission to perform its duties under this Act.
(2) Qualifications.--The executive director, deputy
executive director, and general

[[Page S2980]]

counsel of the Commission shall be appointed without regard
to political affiliation, and shall possess all necessary
security clearances for such positions.
(3) Duties of executive director.--The executive director
of the Commission shall--
(A) serve as principal liaison between the Commission and
other Government entities;
(B) be responsible for the administration and coordination
of the review of records by the Commission; and
(C) be responsible for coordinating all official activities
of the Commission.
(4) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director, deputy
executive director, general counsel, and other personnel
employed by the Commission, without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that--
(A) the rate of pay for the executive director of the
Commission may not exceed the rate payable for level III of
the Executive Schedule under section 5314 of title 5, United
States Code; and
(B) the rate of pay for the deputy executive director, the
general counsel of the Commission, and other Commission
personnel may not exceed the rate payable for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(5) Employee benefits.--
(A) In general.--An employee of the Commission shall be an
employee for purposes of chapters 84, 85, 87, and 89 of title
5, United States Code, and service as an employee of the
Commission shall be service for purposes of such chapters.
(B) Nonapplication to members.--This paragraph shall not
apply to a member of the Commission.
(6) Office of personnel management.--The Office of
Personnel Management--
(A) may promulgate regulations to apply the provisions
referred to under subsection (a) to employees of the
Commission; and
(B) shall provide support services relating to--
(i) the initial employment of employees of the Commission;
and
(ii) other personnel needs of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement to the agency of that employee, and such detail
shall be without interruption or loss of civil service status
or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Staff Qualifications.--Any person appointed to the
staff of or employed by the Commission shall be an individual
of integrity and impartiality.
(g) Conditional Employment.--
(1) In general.--The Commission may offer employment on a
conditional basis to a prospective employee pending the
completion of any necessary security clearance background
investigation. During the pendency of any such investigation,
the Commission shall ensure than such conditional employee is
not given and does not have access to or responsibility
involving classified or otherwise restricted material.
(2) Termination.--If a person hired on a conditional basis
as described in paragraph (1) is denied or otherwise does not
qualify for all security clearances necessary for the
fulfillment of the responsibilities of that person as an
employee of the Commission, the Commission shall immediately
terminate the employment of that person with the Commission.
(h) Expedited Security Clearance Procedures.--A candidate
for executive director or deputy executive director of the
Commission and any potential employee of the Commission
shall, to the maximum extent possible, be investigated or
otherwise evaluated for and granted, if applicable, any
necessary security clearances on an expedited basis.

SEC. 6. SUPPORT SERVICES.

During the 180-day period following the date of enactment
of this Act, the General Services Administration shall
provide administrative support services (including offices
and equipment) for the Commission.

SEC. 7. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on
which the Commission submits its final report under section
3.

SEC. 8. MISCELLANEOUS PROVISIONS.

(a) Inapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the
Commission.
(b) Public Attendance.--To the maximum extent practicable,
each meeting of the Commission shall be open to members of
the public.

SEC. 9. FUNDING OF COMMISSION.

Notwithstanding section 1346 of title 31, United States
Code, or section 611 of the Treasury and General Government
Appropriations Act, 1998, of funds made available for fiscal
years 1998 and 1999 to the Departments of Justice, State, and
any other appropriate agency that are otherwise unobligated,
not more than $3,500,000 shall be available for the
interagency funding of activities of the Commission under
this Act. Funds made available to the Commission pursuant to
this section shall remain available for obligation until
December 31, 1999.

Ms. MOSELEY-BRAUN. Mr. President, I am very proud to introduce this
legislation along with my colleague, Chairman D'Amato. The
establishment of this commission is the next logical step in the work
we have been doing on this issue, and it is something that should have
been done in 1948 rather than 1998.
This bill will establish an independent Presidential Commission to
comprehensively examine issues pertaining to the disposition of
Holocaust assets in the United States before, during, and after World
War II. It will investigate the disposition of Holocaust victims'
assets in the United States, including but not limited to: dormant bank
accounts, securities, bonds, insurance policies, artwork, and German-
looted gold shipped to the U.S. through the Tripartite Gold Commission,
as revealed in the Eizenstat report. The Commission will issue reports,
and make recommendations to the President on further action.
The amount of assets the Commission finds is likely to be
significantly smaller than that discovered in other countries, but
there are certainly assets here. This matter even touches my hometown
of Chicago. Currently, there is a dispute about the origins of a Degas
pastel, ``Landscape with Smokestacks,'' owned by a trustee of the Art
Institute of Chicago. Heirs of Freidrich and Louise Guttman, who were
killed by the Nazis, are litigating this issue and expect to have a
verdict later this spring.
It is vitally important that the U.S. lead by example. As citizens of
the world, we must ensure that all of the relevant financial
transactions of this era are brought to light. Then, as now, those who
enslave their own populations often try to use the international
banking system to further their own illegitimate ends. We cannot fully
avoid repeating the tragedies of history until we have entirely
uncovered and have a full understanding of the past.
We all have a responsibility to deal with the consequences of that
horrific act, no matter how much time has passed, and no matter how
much effort it takes. We have an obligation to ensure that the Swiss,
and other neutral countries that played a role in hiding the stolen
possessions of innocent Jewish families continue to work with the U.S.
so that restitution is made. The vast majority of our work in the
Committee focused on the actions of other countries, especially the
Swiss banks. Now it is time to look in the mirror. In the Eizenstat
report, released last year, we learned that the actions of the United
States before, during and after the war were not all that could have
been desired. I am saddened to learn that America did not work as hard
as it could to ensure compensation for Holocaust survivors and other
refugees, but I realize that the goal of that report was to unearth the
truth, and that is what it has done, and what we will continue to do
with the establishment of this Commission.
Already, a dozen countries have formed similar commissions. This is
due in no small part to the leadership role the United States has taken
in searching for the truth. We would not have come this far without the
commitment of the Clinton Administration, the efforts of the Senate
Banking Committee and, especially, the tenaciousness of our Committee
Chairman, Alfonse D'Amato.
Over the past several years, the Banking Committee has held many
hearings on the disposition of the assets of Holocaust victims. Each
hearing has brought to light valuable but distressing information about
events surrounding the tragedy that was the Holocaust. It has been over
50 years since the nightmare of the Holocaust, during which, over 7
million Jewish men women and children were stripped of their homes,
businesses, their possessions, the very clothes off their backs and,
ultimately, their lives--by a government that industrialized death and
literally attempted to exterminate the Jewish people.
We have made a tremendous step through our commitment to finding the
truth. We must now commit to work together to do everything possible to
put whatever assets belonging to victims or survivors into the proper

[[Page S2981]]

hands before it is too late. Time is of the essence. With the passing
of each day, the few remaining Holocaust survivors continue to age and
their numbers decrease. This is why it is imperative that we enact this
legislation quickly and allow this commission to begin work as soon as
possible.
It will not be possible to track down every asset, but complete
success is not required. What is required is that everyone who had a
role in this tragedy does their best to right the wrongs that have been
committed, and that they understand that much more than money is at
stake.
______

By Mr. LEAHY (for himself, Mr. Ashcroft, Mr. Reid, and Mr.
Wyden):
S. 1901. A bill to amend the Freedom of Information Act to provide
electronic access to certain Internal Revenue Service information on
the Internet, and for other purposes; to the Committee on the
Judiciary.

THE TAXPAYERS INTERNET ASSISTANCE ACT OF 1998

Mr. LEAHY. Mr. President, it is time for the Internal Revenue Service
(IRS) to use the latest technology to deliver better service to the
American people. Our nation's taxpayers deserve no less.

Today, Senator Ashcroft and I are introducing the Taxpayers Internet
Assistance Act of 1998. I am pleased that Senator Reid and Senator
Wyden are original cosponsors of our bill.
Our bipartisan legislation requires the IRS to provide taxpayers with
speedy access to tax forms, publications, regulations, and rulings via
the Internet. It also authorizes the Treasury Department, with input
from the public, to develop more online services to help taxpayers.
Mr. President, I want to praise the Senate Finance Committee,
Chairman Roth, Senator Moynihan, Senator Kerrey and Senator Grassley
for their leadership in moving the IRS reform legislation to the full
Senate. I strongly support the bill approved by the Finance Committee
last night.
As the Senate prepares to debate IRS reforms, we must use technology
to make the IRS more effective for all taxpayers. What better way to do
that then to require the IRS to maintain online access to the latest
tax information. Every citizen in the United States, no matter if he or
she lives in a small town or big city, should be able to receive
electronically the latest tax ruling or download the most up-to-date
tax form.
The IRS web page at > http://irs.ustreas.gov < provides timely
service to taxpayers by increasing electronic access to some tax forms
and publications. I commend the IRS for its use of Internet technology
to improve its services. More information and services should be
offered online and not just as a passing fad. Our legislation is needed
to build on this electronic start and lock into the law for today and
tomorrow comprehensive online taxpayer services.
Our bipartisan bill protects the privacy of taxpayers by amending the
Freedom of Information Act (FOIA), which already calls for the deletion
of identifying details to prevent an unwarranted invasion of personal
privacy. For more than 30 years, the FOIA has served the nation well in
maintaining the right of Americans to know what their government is
doing--or not doing--while protecting personal privacy. Our legislation
does not give new access to private tax information, but merely
provides a new, easier method of receiving public tax information.
Under the FOIA, the IRS must maintain public access to Treasury
Regulations, Internal Revenue Manuals, Internal Revenue Bulletins,
Revenue Rulings, Revenue Procedures, IRS Notices, IRS Announcements,
General Counsel Memorandum and other taxpayer guidance. Under our
legislation, the IRS must post this public tax information on the
Internet in a searchable database, giving all taxpayers quick access to
it. In addition, our bipartisan bill requires the IRS to post on its
web site all Tax Forms, Instructions and Publications, the most
essential information for the average taxpayer.
To keep any administrative burden and taxpayer cost to a minimum, our
legislation limits the Internet posting of past tax information. For
information available under the FOIA, our legislation requires online
posting of documents created on or after November 1, 1996, the same
date electronic access is required under the Electronic Freedom of
Information Act Amendments of 1996. I am proud to have been the chief
Senate sponsor of that new law enacted in the last Congress.
For Tax Forms, Instructions and Publications, our legislation
provides for online posting of documents created during the most recent
five years, the same period of time that the IRS now keeps these
documents on CD-ROM for Congressional offices.
With these common sense requirements, the IRS will be able to enhance
its web page with comprehensive tax guidance in a matter of days at
little cost to taxpayers under our bipartisan bill. In fact, the
Congressional Budget Office has scored our legislation as adding no new
direct spending.
We strongly believe that the IRS must prepare itself for the next
millennium now. That is why our legislation authorizes the Treasury
Department to study and report back to the American people on online
access to taxpayer information, the protection of online taxpayer
privacy rights, the security of online taxpayer services and public
comments on online taxpayer services.
Thomas Jefferson observed that, ``Information is the currency of
democracy.'' Let's harness the power of the information age to make the
IRS a truly democratic institution, open to all our citizens all the
time.
I thank Senator Ashcroft for his support and I look forward to
working with him on other high technology issues to help the Internet
reach its full potential such as encryption legislation.
I urge my colleagues to support the Taxpayers Internet Assistance Act
of 1998.
Mr. ASHCROFT. Mr. President, one of my fundamental beliefs is that we
should labor to make sure that the collective voice of our constituents
is heard and followed in everything we do here. That is to say, the
values of Washington, D.C. should not be imposed on the country, but
instead the values of the country should be imposed on Washington. One
of the best ways to make sure we follow this principle is to provide
the country with best information possible about what we do and how we
do it.
We must do what we can to open the doors to government so that all
may access the available information. In 1995, I introduced an on-line
term limits petition. Thousands of people singed petition. In 1996, I
began an effort to educate Missouri's students on how to access the
federal government's available information on the Internet. This
program, Gateways to Government, was presented by myself or my staff in
every county of Missouri, and in more than 135 individual schools. My
homepage continues to act as a ``gateway'' to a great wealth of
electronic information about congress and the federal government.
In this same spirit I rise today to join with Senator Leahy to
introduce the Taxpayers Internet Assistance Act of 1998. He has been a
real leader on technology issues and shares a great interest in
guaranteeing that U.S. citizens enjoy an environment that allows them
to know the operations of their federal government. In addition, he has
for years championed the rights of individuals to keep their private
affairs private, particularly with his principal sponsorship of the
Electronic Freedom of Information Act.
I am also pleased that several other senators are joining our effort
as original co-sponsors. Our intent is to provide to the American
public an easy and inexpensive way to receive the latest information
related to the IRS, including forms, instructions, and recent rulings.
Under the Taxpayers Internet Assistant Act individuals will be able
to access a great deal of material from the IRS beginning in November
of 1996. Revenue rulings, treasury regulations, internal revenue
bulletins, and IRS general counsel memorandum are just a few of the
documents that will routinely be made available in an easy to use
format. This information should provide for an easier and more
understandable approach to tax planning and preparation. Individuals
will be able to see rulings that may be similar to a situation they are
in currently and plan accordingly.
``The difference between death and taxes,'' quipped Will Rogers, ``is
that

[[Page S2982]]

death doesn't get worse every time Congress meets.'' Unfortunately, Mr.
Rogers' observation has held true for more than six decades. The tax
doe has become increasingly complex and onerous. My wife is a tax
attorney, she even teaches tax law at Howard University, and we do not
even prepare our own tax forms. My hope is that this modest effort will
provide the public with timely, reliable information that may assist in
their efforts to prepare their taxes.
In fact, taxpayers are working longer than ever to pay their taxes.
According to the non-partisan Tax Foundation, the average American now
works until May 9--a full week longer than when Bill Clinton assumed
the presidency--to pay federal, state, and local taxes. I can't help
but think of President Reagan's definition of a taxpayer as ``someone
who works for the federal government but doesn't have to take a civil
service examination.'' At the very least we can assist taxpayers with
easy to access, timely and inexpensive information that can help them
in preparing their individuals taxes.
In addition, our legislation amends the Freedom of Information Act,
which maintains the personal privacy of individuals by guaranteeing
that any reference to identifying details be deleted to prevent an
invasion of personal privacy. Importantly, this legislation does not
give any new access to tax information, but instead provides an
additional means of receiving the same information already made
available in hard copy form or, in some cases, on CD.
Finally, the legislation requires that the Department of Treasury
evaluate the process to ensure that all technical advances are being
used that would provide more timely and efficient service to taxpayers.
In addition, a further consideration of individual privacy will occur
and a process developed to receive comments from the public regarding
the on-line taxpayer services.
This bipartisan approach to continuing the opening of the federal
government to all citizens should be viewed as a first step in changing
our fundamental interaction with the IRS. We can pass this legislation
and provide greater information to anyone who can gain access to a PC.
I urge all senators to support and pass this year the Taxpayers
Internet Assistance Act of 1998.
______

By Mrs. BOXER:
S. 1902. A bill to amend the Internal Revenue Code of 1986 to allow
the first $2,000 of health insurance premiums to be fully deductible;
to the Committee on Finance.

THE HEALTH INSURANCE TAX RELIEF ACT

Mrs. BOXER. Mr. President, today I am introducing legislation to
allow individuals to deduct up to $2,000 a year for the costs of health
insurance (for themselves and their dependents). If health insurance
costs are shared by an individual and an employer, the individual could
deduct the amount of his or her share. If an individual pays the full
cost of health insurance, the entire amount could be deducted, subject
to the $2,000 annual limit.
The Joint Tax Committee has estimated that my bill would reduce
revenues to the federal government by approximately $11 billion per
year.

Why This Bill is Needed

Every year, as employers continue to roll back health benefits, and
as the costs of those benefits keep rising, the number of uninsured
Americans increases. There are now 41 million Americans lack health
insurance. That number increases by one million each year. An estimated
eighty percent of the uninsured are workers or the dependents of
workers.
Under the current tax code, corporations can deduct the cost of
providing health insurance for their employees. The Taxpayer Relief Act
of 1997 also expanded the deductibility of health insurance for the
self-employed. Health insurance-related tax deductions for corporations
and the self-employed are now taken to the tune of about $50 billion
annually.
But for the 16 million Americans who purchase health insurance for
themselves and their dependents, the current tax code is much less
generous. They may deduct only the cost of health insurance if their
total health care expenditures exceed 7.5 percent of adjusted gross
income--a threshold few Americans meet.

How the Boxer Bill would Help

My bill would create an ``above the line'' deduction, which would be
listed on all tax returns. Taxpayers need not itemize in order to
receive ``above the line'' deductions.
The benefit to an individual taxpayer will depend on the amount of
health insurance expense claimed and on the individual's tax bracket.
Those claiming the full $2000 deduction could save $300 or more.
For example, if Jane Doe makes $30,000 a year, has no investment
income, and pays for her own health insurance, she currently pays,
$3,476 in federal income taxes. Under my bill, assuming Ms. Doe takes
the full $2,000 deduction, she would pay only $3,176, a savings of
$300, or nearly 10 percent of her tax bill.
Another example is Joe and Sally Smith, a married couple who file
jointly, have two children, and have a total income of $75,000 a year.
They purchase an insurance policy that covers the entire family.
Currently, they pay $10,751 in federal income taxes. Under my bill,
assuming they take the entire $2,000 deduction, they would pay only
$10,191, a savings of $560 off their tax bill.
I hope that senators will join with me to help expand opportunities
for all Americans to acquire health insurance by cosponsoring this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1902

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Health Insurance Tax Relief
Act''.

SEC. 2. FIRST $2,000 OF HEALTH INSURANCE PREMIUMS FULLY
DEDUCTIBLE.

(a) In General.--Subsection (a) of section 213 of the
Internal Revenue Code of 1986 (relating to medical, dental,
etc., expenses) is amended to read as follows:
``(a) Allowance of Deduction.--There shall be allowed as a
deduction the following amounts not compensated for by
insurance or otherwise--
``(1) the amount by which the amount of expenses paid
during the taxable year (reduced by the amount deductible
under paragraph (2)) for medical care of the taxpayer, the
taxpayer's spouse, and the taxpayer's dependents (as defined
in section 152) exceeds 7.5 percent of adjusted gross income,
plus
``(2) so much of the expenses paid during the taxable year
for insurance which constitutes medical care under subsection
(d)(1)(D) (other than for a qualified long-term care
insurance contract) for such taxpayer, spouse, and dependents
as does not exceed $2,000.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes
Deduction.--Section 62(a) of the Internal Revenue Code of
1986 (defining adjusted gross income) is amended by inserting
after paragraph (17) the following new paragraph:
``(18) Health insurance premiums.--The deduction allowed by
section 213(a)(2).''
(c) Conforming Amendment.--Section 162(l)(1)(A) of the
Internal Revenue Code of 1986 (relating to special rules for
health insurance costs of self-employed individuals) is
amended to read as follows:
``(A) In general.--In the case of an individual who is an
employee within the meaning of section 401(c)(1), there shall
be allowed as a deduction under this section an amount equal
to the sum of--
``(i) so much of the amount paid during the taxable year
for insurance which constitutes medical care for the
taxpayer, his spouse, and dependents as does not exceed
$2,000, plus
``(ii) the applicable percentage of the amount so paid in
excess of $2,000.''
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1998.
______

By Mr. THOMAS (for himself, Mr. Enzi, Mr. Thurmond, Mr. Helms,
Mr. Hagel, and Mr. Smith of Oregon):
S. 1903. A bill to prohibit the return of veterans memorial objects
to foreign nations without specific authorization in law; to the
Committee on Veterans Affairs.

the veterans memorial physical integrity act of 1998

Mr. THOMAS. Mr. President, I come to the floor today to introduce S.
1903, a bill to prohibit the return to a foreign country of any portion
of a memorial to American veterans without the express authorization of
Congress.
I would not have thought that a bill like this was necessary, Mr.
President. It would never have occurred to me that an American
President would even briefly consider dismantling part of a memorial to
American soldiers who died in the line of duty in order to send

[[Page S2983]]

a piece of that memorial to a foreign country. But a real possibility
of just that happening exists in my state of Wyoming involving what are
known as the ``Bells of Balangiga.''
In 1898, the Treaty of Paris brought to a close the Spanish-American
War. As part of the treaty, Spain ceded possession of the Philippines
to the United States. At about the same time, the Filipino people began
an insurrection in their country. In August 1901, as part of the
American effort to stem the insurrection, a company of 74 officers and
men from the 9th Infantry, Company G, occupied the town of Balangiga on
the island of Samar. These men came from Ft. Russell in Cheyenne,
Wyoming--today's F.E. Warren Air Force Base.
On September 28 of that year, taking advantage of the preoccupation
of the American troops with a church service for the just-assassinated
President McKinley, a group of Filipino insurgents infiltrated the
town. Only three American sentries were on duty that day. As described
in an article in the November 19, 1997 edition of the Wall Street
Journal:

Officers slept in, and enlisted men didn't bother to carry
their riffles as they ambled out of their quarters for
breakfast. Balangiga had been a boringly peaceful site since
the infantry company arrived a month earlier, according to
military accounts and soldiers' statements. The quiet ended
abruptly when a 23 year old U.S. sentry named Adolph Gamlin
walked past the local police chief. In one swift move, the
Filipino grabbed the slightly built Iowan's rifle and smashed
the butt across [Gamlin's] head. As PFC Gamlin crumpled, the
bells of Balangiga began to peal.
With the signal, hundreds of Filipino fighters swarmed out
of the surrounding forest, armed with clubs, picks and
machete-like bolo knives. Others poured out of the church;
they had arrived the night before, disguised as women
mourners and carrying coffins filled with bolos. A sergeant
was beheaded in the mess tent and dumped into a vat of
steaming wash water. A young bugler was cut down in a nearby
stream. The company commander was hacked to death after
jumping out a window. Besieged infantrymen defended
themselves with kitchen forks, mess kits and baseball bats.
Others threw rocks and cans of beans.
Though he was also slashed across the back, PFC.
. . Gamlin came to and found a rifle. By the time he and the other
survivors fought their way to the beach, 38 US soldiers were dead and
all but six of the remaining men had been wounded.

The remaining soldiers escaped in five dug-out canoes. Only three
boats made it to safety on Leyte. Seven men died of exposure at sea,
and another eight died of their wounds; only twenty of the company's
seventy-four members survived.
A detachment of fifty-four volunteers from 9th Infantry units
stationed at Leyte returned to Balangiga and recaptured the village.
They were reinforced a few days later from Companies K and L of the
11th Infantry Regiment. When the 11th Infantry was relieved on October
18 by Marines, the 9th Infantry took two of the church bells used to
signal the attack with them back to Wyoming as a memorial to the fallen
soldiers.
The bells have been displayed in front of the base flagpole on the
central parade grounds since that time. The bells were placed in two
openings in a large, specially-constructed masonry wall with a bronze
plaque dedicating the memorial to the memory of the fallen soldiers.
Since at least 1981, there have been on-and-off discussions in
various circles in Cheyenne, Washington, and Manila about the future of
the bells, including the possibility of returning them to the
Philippines. Most recently, the Philippine government--having run into
broad opposition to their request to have both bells returned to them--
has proposed making a copy of both bells, and having both sides keep
one copy and one original.
Opposition to this proposal from local and national civic and
veterans groups has been very strong. Mr. President, I ask unanimous
consent that the text of a letter from the national office of the
Veterans of Foreign Wars dated January 6, 1998; from the VFW's
Department of Wyoming dated December 5, 1997; and from the United
Veterans Council of Wyoming dated March 27, 1998; be printed in the
Record.
The PRESIDING OFFICER. Without objection.
Mr. THOMAS. Mr. President, in the last few months, developments have
indicated to me that the White House is seriously contemplating
returning one or both of the bells to the Philippines. This year marks
the 100th anniversary of the Treaty of Paris, and a state visit by
President Fidel Valdes Ramos--his last as President--to the United
States has been planned for this month. The disposition of the bells
has been high on President Ramos' agenda; he has spoken personally to
President Clinton and several members of Congress about it over the
last three years, and has indicated he will do so on this visit. Since
January, the Filipino press has included almost weekly articles on the
bells' supposed return, including one in the Manila Times last week
which reported that a new tower to house the bells is being constructed
in Borongon, Samar, to receive them in May.
In addition, inquiries to me from various agencies of the
Administration soliciting the opinion of the Wyoming congressional
delegation on the issue have increased in frequency. I have also
learned that the Defense Department, perhaps in conjunction with the
Justice Department, has recently prepared a legal memorandum outlining
its opinion of who actually controls the disposition of the bells.
In response to this apparent groundswell, the Wyoming congressional
delegation wrote a letter to President Clinton on January 9 of this
year to make clear our opposition to removing the bells. Mr. President,
I ask unanimous consent that the text of that letter be inserted in the
Record.
The PRESIDING OFFICER. Without objection.
Mr. THOMAS. Mr. President, in response to that letter, on March 26 I
received a letter from Sandy Berger of the National Security Council
which I think is perhaps the best indicator of the direction the White
House is headed on this issue. Mr. President, I ask unanimous consent
that the text of that letter be inserted in the Record.
THE PRESIDING OFFICER. Without objection.
MR. THOMAS. Mr. President, I cannot fathom that this issue has gotten
to this point. First, it is very evident to me that the Constitution
precludes the President from returning the bells without Congressional
assent. Article IV, section 3, clause 2 provides: ``The Congress shall
have Power to dispose of and make all needful Rules and Regulations
respecting . . . Property belonging to the United States.'' The bells
are certainly property of the United States as contemplated by this
clause, and thus clearly can only constitutionally be disposed of by
Congress--not by the President.
Second, I was amazed to find, even in these days of political
correctness and revisionist history, that a U.S. President--our
Commander-in-Chief--would appear to be ready to ignore the wishes of
our veterans and tear down a memorial to U.S. soldiers who died in the
line of duty in order to send part of it back to the country in which
they were killed. Amazed, that is, until I recalled this President's
fondness for sweeping apologies and what some might view as flashy P.R.
gestures, as most recently evidenced by his Africa trip.
Third, I was amazed to learn that during a state visit when our two
countries should be discussing the on-going Asian financial crisis and
its ramifications, East Asian security issues, and other issues of
long-range significance, President Ramos has proposed discussing only
three topics, all parochial: the bells, pension payments to Filipino
veterans, and a Subic Bay-related waste issue. Amazed, that is Mr.
President, until I was reminded that the candidate President Ramos is
supporting in the upcoming presidential elections is running in third
place in the polls and might just get a much-needed boost if his mentor
could return from Washington with a bell or a check from the U.S.
Treasury in hand.
Mr. President, to the veterans of Wyoming, and the United States as a
whole, the bells represent a lasting memorial to those fifty-four
American soldiers killed as a result of an unprovoked insurgent attack
in Balangiga on September 28, 1901. In their view, which I share, any
attempt to remove either or both of the bells--and in doing so actually
physically dismantling a war memorial--is a desecration of that memory.
History brought the bells to Wyoming, and it is there they should
remain.
Consequently, I am introducing S. 1903 today to protect the bells and

[[Page S2984]]

similar veterans memorials from such an ignoble fate. The bill is not
complicated, and in my view simply restates what already appears in
black and white in the Constitution; it prohibits the transfer of a
veterans memorial, or any portion thereof, to a foreign country or
government unless specifically authorized by law.
The bill is supported by all of Wyoming's veterans groups, and I am
pleased to be joined in this effort by my good friend and colleague
from Wyoming Senator Enzi, as well as by the distinguished Chairman of
the Armed Services Committee, Senator Thurmond; the distinguished
Chairman of the Foreign Relations Committee, Senator Helms; and my
fellow subcommittee Chairmen on the Foreign Relations Committee Senator
Hagel and Senator Smith of Oregon, as original cosponsors.
Representative Barbara Cubin is introducing similar legislation today
in the House. I trust that my colleagues will support its swift
passage.
Mr. President, I ask unanimous consent that the full text of this
bill be printed in the Record.
There being no objection, the items were ordered to be printed in the
Record, as follows:

S. 1903

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

SECTION 1. PROHIBITION ON RETURN OF VETERANS MEMORIAL OBJECTS
WITHOUT SPECIFIC AUTHORIZATION IN LAW.

(a) Prohibition.--Notwithstanding any other provision of
law, the President may not transfer a veterans memorial
object to a foreign country or entity controlled by a foreign
government, or otherwise transfer or convey such object to a
person or entity for purposes of the ultimate transfer or
conveyance of such object to a foreign country or entity
controlled by a foreign government, unless specifically
authorized by law.
(b) Definitions.--In this section:
(1) Entity controlled by a foreign government.--The term
``entity controlled by a foreign government'' has the meaning
given that term in section 2536(c)(1) of title 10, United
States Code.
(2) Veterans memorial object.--The term ``veterans memorial
object'' means any object, including a physical structure or
portion thereof, that--
(A) is located at a cemetery of the National Cemetery
System, war memorial, or military installation in the United
States;
(B) is dedicated to, or otherwise memorializes, the death
in combat or combat-related duties of members of the United
States Armed Forces; and
(C) was brought to the United States from abroad as a
memorial of combat abroad.
____

Veterans of Foreign Wars of

the United States,

January 6, 1998.
Hon. Douglas K. Bereuter,
Chairman, East Asia Subcommittee, Committee on International
Relations, U.S. House of Representatives, Washington, DC.
RE: Bells of Balangiga
Dear Mr. Chairman: Recently, we learned that Mr. Robert
Underwood, U.S. Representative from Guam, has introduced
House Resolution 312 urging the President to authorize the
transfer of ownership of one of the Bells of Balangiga to the
Philippines. In brief, the Bells of Balangiga, which serve as
a war memorial to U.S. Army soldiers killed by insurgents in
the Philippines in 1901, are located at E.E. Warren Air Force
Base in Cheyenne, Wyoming. The proposal of the Philippine
Ambassador to return one of the bells to the Philippines is
opposed by veterans and the supporting community in Wyoming.
Although the 98th National Convention of the Veterans of
Foreign Wars of the United States did not adopt a Resolution
on this issue, the VFW does have a position on the Bells of
Balangiga. After carefully reviewing the history and
background of the issue involving the Bells of Balangiga, the
VFW opposes and rejects any compromise or agreement with the
government of the Philippines which would result in the
return of any of the Bells of Balangiga to the Philippines.
The church bells were paid for with American blood in 1901
when they were used to signal an unprovoked attack by
insurrectionists against an American Army garrison which
resulted in the massacre of 45 American soldiers. The Bells
serve is a permanent memorial to the sacrifice of the
American soldiers from Fort D.A. Russell (Wyoming) who gave
their lives for their country while doing their duty. We do
not think any of the bells should be given back to the
Philippines. To return the bells sends the wrong message to
the world. In addition, local Wyoming veterans and other
citizens are opposed to dismantling the sacred monument and
returning any part of it to the Philippines.
In the past several years, the Philippine Government has
made several attempts to get the Bells of Balangiga returned
to their country. To date, they have not been successful in
any their attempts to get the bells returned. For the past 95
years, two of the bells have been enshrined at Fort Russell/
Warren AFB in Wyoming. The third is with the U.S. Army's 9th
Infantry in the Republic of Korea.
Recently, Philippine President Fidel Ramos ordered his
United States Ambassador, Paul Rabe, to step up his effort on
the bells hoping to have them returned in time for next
summer's celebration of 100 years of Philippine independence.
In October 1997, Ambassador Paul Rabe suggested a compromise
solution. He suggested returning one of the bells to the
Philippines thereby giving both nations an original and the
opportunity to make a replica. In fact, the justification for
the latest proposal of the Philippine government is fatally
flawed. The Bells of Balangiga played no part at all in
Admiral Dewey's defeat of the Spanish Navy at Manila Bay in
1898. Subsequently, that naval defeat forced the Spanish to
relinquish control of the Philippine Islands to the U.S. The
soldiers killed were from Fort D.A. Russell and were ordered
to the Philippine Islands because a savage guerrilla war had
broken out after the conclusion of the Spanish-American War
of 1898. Therefore, we believe the bells have no significance
or connection to the celebration of Philippine independence.
Kenneth Weber, Commander of the VFW Department of Wyoming,
expressed the feelings of local Wyoming veterans and
supporters when he said, ``The members of the Veterans of
Foreign Wars of the United States . . . will not stand idle
and allow a sacred memorial to those soldiers killed while
doing their duty to be dismantled.''
We believe the Wyoming veterans are correct on this issue.
The bells should stay right where they are--in Wyoming and
with the 9th Regiment.
Respectfully,
Kenneth A. Steadman, Executive Director.
____

VFW, Department of Wyoming

December 5, 1997.
Kenneth Weber,
Torrington, WY.
The VFW Department of Wyoming is making the following
statement on behalf of its veterans for immediate media
release:
As the Commander of the Department of Wyoming Veterans of
Foreign Wars, I have followed the current debate concerning
the Bells of Balangiga with a great deal of interest. It is
becoming apparent that this issue is not going away soon. Two
of three bells are located at the Cheyenne's F.E. Warren Air
Force Base as a permanent memorial to Fort D.A. Russell
soldiers who lost their lives in 1901 as a result of hostile
action during the Philippine rebellion. American soldiers
stationed at then Fort D.A. Russell, now Warren Air Force
Base, were ordered to the Philippine Islands because of a
savage guerrilla war which had broken out following the
Spanish-American War of 1898.
Now the Republic of the Philippines, as they have several
times in the past, has requested the return of one or both
bells to their country. This time, their justification is
apparently to celebrate their 100 year anniversary of
independence from Spain. The interesting part of their
argument, is the simple fact that the Bells of Balangiga
played no role in Admiral Dewey's defeat of the Spanish Navy
at Manila Bay in 1898 and Spain's subsequent relinquishing
control of the Philippine Islands to the United States
government.
Evidently, the current posturing by the Republic of the
Philippines is only another attempt to have the Bells of
Balangiga returned. The United States government has
repeatedly, and for all the right reasons, refused to return
the bells to them.
The members of the Veterans of Foreign Wars, a veterans
organization whose roots go back to the Spanish-American War
of 1898, will not stand idle and allow a sacred memorial to
those soldiers killed while doing their duty be dismantled.
We can only continue to hope that the people who have taken
the time to speak out in favor of returning the bells would
get their facts straight before engaging the media in any
further debate. When all the facts are known regarding the
circumstances surrounding the Bells of Balangiga, any
compromise offer with the Philippine government remains
unacceptable.
Sincerely yours,
Kenneth Weber,
Commander.
____

United Veterans Council of Wyoming

Cheyenne, WY, March 27, 1998.
The President of the United States,
William Jefferson Clinton
Washington, DC.
Dear President Clinton: Member organizations of the United
Veterans Council of Wyoming, Inc. are in receipt of White
House letter dated March 26, 1998 asking the Wyoming
Congressional Delegation to reevaluate the compromise
approach to resolving the bells of Balangiga question, and we
would like to respond.
Wyoming veterans are aware of the long-standing ties with
the Philippines during World War II, and after. We have taken
into account the fact that U.S. veterans and our allies lived
among the Filipinos during the war, fought shoulder to
shoulder with them, and together defeated the Japanese
invaders to preserve Philippine freedom and way of life. Many
died retaking the Philippine islands from Japanese forces.
Veterans who believe the bells should remain in Wyoming do so
without malice towards the people of the Philippines. No one
denies the contributions and sacrifices made by the Filipinos
during

[[Page S2985]]

the war effort and to continued prosperity afterwards. We
clearly understand honor, comradeship, and the sacrifices
veterans of both countries have made.
We believe that we have made our reasons for not
compromising on the return of the bells very clear. As the
VFW and others have continually pointed out, the bells of
Balangiga played no part in Admiral Dewey's defeat of the
Spanish navy at Manila Bay in 1898, three years before the
bells were used to signal the 1901 massacre of US soldiers
garrisoned within the village of Balangiga. The premeditated
massacre was particularly brutal on the surprised and
outnumbered soldiers. We believe that the bells have no
significance or connection to this centennial year of
celebration of the Philippine's independence from Spain.
As stated in a recent article from the Manila Times, it is
known that the Philippine government is designing a war
memorial to the Balangiga Bells, rather than for their use as
a symbol of independence from Spain. It appears that
representatives of the Philippine government are not being
straightforward regarding their true intentions, if a bell is
returned.
The Philippine government has yet to present a compelling
argument justifying a reversal of the U.S. government's long-
standing decision to not return the bells. Mr. Berger says,
``he understands the concerns of those who are worried that
any altercation of the existing monument might cause present
day Americans to forget the sacrifices of past generations.''
Though Mr. Berger shares our worries, it appears that our
government, by continuing on its present course, will allow
such sacrifices to be forgotten sooner than later. It is an
affront to the soldiers who died, and their survivors, to
suggest that a permanent memorial be dismantled for no better
reasons than are being provided by the Philippine government.
Sincerely yours,
Jim Lloyd,
President.
____

Wyoming Delegation,

January 9, 1998.
President Bill Clinton,
The White House, Washington, DC.
Dear President Clinton: The Wyoming delegation wishes to
express our opposition to any plan to remove the Bells of
Balangiga from F.E. Warren Air Force Base in Cheyenne,
Wyoming, to the Philippines. Many times and for many years,
the government of the Philippines has tried to have the bells
returned. The United States government has rightfully
rejected every attempt. Most recently, there have been
proposals by the Philippine government and in Congress to
transfer one of the original bells to the Philippines and
keep one at F.E. Warren. We find this ``compromise'' proposal
wholly unacceptable and an affront to the soldiers massacred
in Balangiga.
The Philippines became an American possession after the
Spanish-American War, but peace in the islands was delayed by
a bloody civil war. American soldiers at Fort D.A. Russell,
now F.E. Warren Air Force Base, were sent to the Philippines
as part of the American military force dispatched to the
area. On September 29, 1901, guerilla forces on the island of
Samar used the bells to sound a surprise attack on American
troops stationed in the village of Balangiga. Of the 76
Americans stationed in Balangiga, only 20 returned home. The
survivors brought the bells back to Wyoming as a memorial to
their fallen comrades.
Wyoming's many veterans, represented by the Veterans of
Foreign Wars and the American Legion, strongly oppose
removing the bells. For our veterans the bells serve as a
constant reminder of the men who died in that surprise
attack. The Wyoming delegation has always opposed desecrating
this memorial for the same reason.
Preserving this memorial will serve as a symbol that
American troops who serve around the world will not be
forsaken. It also reaffirms to the world that the United
States will protect its forces serving around the world if
they are attacked.
On behalf of America's soldiers who have made the ultimate
sacrifice, please join with us in refusing all present and
future efforts to dismantle this memorial.
Sincerely,
Craig Thomas,
U.S. Senator.
Michael B. Enzi,
U.S. Senator.
Barbara Cubin,
Member of Congress.
____

The White House, Washington,
March 26, 1998.
Dear Senator Thomas: Thank you for your letter concerning
the bells of Balangiga and the proposed compromise solution
for addressing this issue. I am writing on behalf of the
President to request that you not oppose the compromise
solution. We believe it effectively takes into account the
interests and sensitivities of both American veterans and the
people of the Philippines.
I understand American forces brought the two bells of
Balangiga to Wyoming following the Philippine insurrection of
1901, and that they currently are on display at F.E. Warren
Air Force Base in Cheyenne. As you may know, Philippine
President Fidel Ramos is eager to explore the possibility of
returning at least one of the bells during this centennial
year of the Philippines' declaration of independence from
Spain. President Ramos will be the President's guest at the
White House on April 10, 1998. The bells of Balangiga will be
one of the principal issues on the discussion agenda.
I appreciate the importance of the bells to Wyoming
veterans who consider them to be symbols of the supreme
sacrifice American soldiers, sailors and airmen often have
had to make far from home. At the same time, Filipinos see
the bells as representative of a struggle for national
independence lasting more than five centuries.
Our longstanding ties with the Philippines were forged in
the intense combat of World War II by tens of thousands of
Americans and Filipinos. Growing out of this experience is a
relationship, which is closer on a person-to-person level
than with any other country in East Asia. The Philippines is
a key ally in the Asia Pacific and shares our commitment to
democratic and free market principles. Presidential elections
in May of this year will re-enforce the democratic traditions
and institutions Filipinos have so eagerly embraced.
I believe a compromise solution, by which the United States
and the Philippines would each retain custody of one of the
original bells, offers a unique opportunity to honor both the
American soldiers who gave their lives in the town of
Balangiga and the centennial celebration of the Philippines'
first step toward democracy. I understand the concerns of
those who are worried that any alteration of the existing
monument might cause present day Americans to forget the
sacrifices of past generations. But the historical
significance of Balangiga rests on the fact that today the
United States and the Philippines are united in a common
cause of promoting stability and prosperity throughout the
Asia Pacific region. I urge you and your colleagues from the
Wyoming Congressional Delegation to reevaluate the compromise
approach to resolving the bells of Balangiga question.
Sincerely,
Samuel R. Berger,
Assistant to the President for National Security Affairs.

Mr. ENZI. Mr. President, I rise to join my colleague, the senior
Senator from my state of Wyoming, in the effort to safeguard the
integrity of the nation's military memorials from the politically
expedient demands of foreign governments--in this case the so-called
``Bells of Balangiga'' war memorial located in Wyoming's capital city
of Cheyenne. I too, am amazed that such legislation is necessary.
Amazed, but not surprised. After all, this is a President who seems to
have no qualms about throwing overboard those states and communities
who have not proven politically valuable to him. I recall his
unilateral Utah land grab of the Grand Escalante. I also recall that
he, with the Vice President at his side, signed the Presidential
directive for that action in Arizona, so unpopular was it in the State
of Utah. His unilateral forest roads construction moratorium is another
such example of his proclivity for government by executive fiat.
Many people contend that church bells are not a fitting subject for a
war memorial. The circumstances surrounding these particular bells,
however, are not normal. As the Senior Senator from Wyoming related,
those bells were not used by Philippino insurgents to call the faithful
to prayer that harrowing morning. They were used instead to signal the
massacre of Wyoming troops as they sat down, unarmed, to breakfast. Of
the 74 officers and men in the garrison, only twenty survived. Eye
witness accounts had some of the attackers disguised as women, their
weapons hidden beneath their dresses. Many others smuggled their
weapons into the village hidden in the coffins of children. Under those
circumstances, one must conclude that the bells in question were used
to kill. Consequently I feel their use as the subject for a war
memorial is wholly appropriate.
This is especially true in light of their intended purpose if
returned to the Philippines. As everyone concedes, the Philippine
government desires the return of these bells in time for their 100th
anniversary of independence. Apparently, these bells do not represent a
religious symbol for the Philippine government either.
Most significant of all, however, is the purpose they currently
serve. Contrary to the assumptions of many, they do not memorialize
American foreign policies of the time. Nor do they serve as a tribute
to our political system, America's turn of the century notions of race
relations, or the performance of the American troops who served there
during that conflict. Rather, these bells memorialize one thing and one
thing only: The tragic and premature deaths of 54 young men who
volunteered to do the bidding of the American people. For this purpose
I believe

[[Page S2986]]

these bells serve as a most fitting memorial indeed and I am opposed to
its dismantlement.
It is time to honor our veterans, our war dead, and the principle
that in this country, we do not submit to government by Presidential
fiat. I ask the support of my colleagues for this legislation.
______

By Mr. GORTON:
S. 1904. A bill to amend the Elwha River Ecosystem and Fisheries
Restoration Act to provide further for the acquisition and removal of
the Elwha dam and acquisition to Glines Canyon dam and the restoration
of the Elwha River ecosystem and native anadromous fisheries, and for
other purposes; to the Committee on Environment and Public Works.

the elwha river ecosystem and fisheries restoration act of 1998

Mr. GORTON. Mr. President, six months ago, I came to the floor of the
United States Senate to announce my reluctant support for removing one
of two dams on the Elwha River on the Olympic Peninsula. Today, after
spending countless hours working with interested Washington State
residents, I am introducing legislation to accomplish this difficult
and costly endeavor provided certain conditions are met.
As I mentioned in my statement last fall, I have never been
enthusiastic about the idea of dam removal on the Elwha River as a
means to enhance declining salmon runs on the river. For many years,
national environmental groups, the Clinton Administration, much of the
Northwest media, and many Northwest elected officials have pushed for
removal of both dams from the Elwha River. In 1992, I supported
legislation to begin the process of having the government acquire both
of these dams with an eye toward removing them someday. While I have
always been enthusiastic about the federal government buying these two
dams from a local paper company, I continue to be skeptical toward
claims that salmon runs will see a significant benefit through dam
removal on the Elwha River. Anyone who believes otherwise needs to ask
him why salmon runs on nearby rivers on the Olympic Peninsula with no
dams are doing just as poorly.
I am quite certain, however, that there are clear costs to dam
removal. The taxpayers must pay at least $65 million to remove just one
dam on the Elwha River. Power generation will be lost, and in the case
of the Elwha River dams, serious questions remain about the potential
damage to the City of Port Angeles' water supply. As I weigh these
costs against the potential benefits to salmon, I have generally
inclined against dam removal.
Unfortunately, the issue isn't as simple as a cost-benefit analysis.
There is a wild card over which I have no control that could have a
devastating effect on the Port Angeles community. The lower Elwha River
dam produces a tiny amount of power--only a quarter of the amount of
power produced by the upper Elwha River dam and a minuscule amount in
comparison to our productive Snake and Columbia River dams. In
addition, the lower Elwha River dam is in poor physical condition.
These two factors, combined with the desire of the Interior Secretary
to tear down a dam, have me concerned that there is a very real and
growing threat that a federal judge or the Federal Energy Regulatory
Commission (FERC) could order removal of the Elwha River dams without
Congressional approval.
A court or agency ordered removal will impose all of the costs of
removing the dams on the local community, jobs will be destroyed, and
Port Angeles' supply of clean drinking water will be threatened. The
risk of court or agency action is too great and will leave the local
community in a terrible position if a judge, or a Washington, DC
bureaucrat, suddenly decides he needs to be in charge of this issue.
Instead, if Congress acts, we can remove the wild card and assure an
important level of community protection. Thus, I have conditioned my
support for this dam's removal on certain legislated protection for
Port Angeles' water supply and protection for the jobs created by the
local mill. No legislation to remove the dam will pass the U.S. Senate
without these protections while I am a member.
As a result of these recent developments and circumstances beyond my
control, this comprehensive package will complete the federal
government's acquisition of both Elwha River dams, authorizes removal
of one dam, while at the same time protecting local economic interests.
Over the last three years, the Interior Appropriations Subcommittee
that I chair has appropriated $11 million of the $29.5 million
necessary to complete the acquisition of the projects. Acquisitions of
the projects is extremely important to the future economic health of
the Port Angeles community. While the James River Corporation currently
holds title to the projects, Daishowa America, as local owner of the
directory paper mill and second largest employer in Clallam County,
uses energy from the dams. Clearly, continued uncertainty over the fate
of these dams reduces the competitive position of the mill and inhibits
future investment in the plant and its equipment.
My bill amends the 1992 Act and calls for completion of acquisition
of the projects. As Chairman of the Subcommittee that controls the
purse strings for this project, I have every intention of allocating
the remaining $18.5 million needed to complete acquisition as part of
the $699 million worth of additional Land and Water Conservation Fund
dollars that we appropriated last year and have yet to be spent.
In addition to committing to fund the removal of the Elwha project
should it become law, my bill prohibits the Secretary from removing the
larger dam, better known as the Clines Canyon Project, for 12 years.
Many have asked why we can't remove both dams simultaneously. My answer
is that I prefer the phased approach to restoration of the river
spelled out by the Elwha Citizens Advisory Committee in its 1996
report.
The Committee, which is comprised of a diverse array of local
interests, cautions against simultaneous removal of both dams. As an
appropriations subcommittee chairman, I can tell them that they are
absolutely correct because it is simply unrealistic to expect
sufficient funds immediately to remove both projects. More importantly,
immediate removal of both projects would have unpredictable
consequences for the community's water supply--something my bill is
careful to protect--and would needlessly forgo a valuable economic and
recreational resource that can be put to use to accomplish restoration
activities.
When the 12 year moratorium has expired, my bill allows the Secretary
to remove the upper dam provided he determines that the benefits of dam
removal to salmon restoration and the natural state of the river
outweighs the importance of the project's power generation capabilities
and the recreational value of the lake that was created by its
construction. The 12 year waiting period also spells out several
important steps that the Secretary must take to evaluate the impact
removing one dam has on fish runs. I firmly believe that should we
decide one day to remove the second dam, we will do a far better job if
we take the time to learn from the challenges of removing the first dam
before deciding on the fate of the second one. Should the Secretary
determine that it is necessary to remove the Glines Canyon project
before 12 years have gone by, nothing in the bill I am offering today
prevents him from seeking Congressional approval to do so.
Finally with regard to the Elwha River, my bill takes several
important steps to project the local community from the potentially
adverse impacts of dam removal. They include: (1) protecting the
quality and quantity of the community's existing water supply to meet
current and future demands; (2) continued protection of James River and
Daishowa from potential liability; and (3) compensation for Clallam
County for further loss of tax revenue due to federal acquisition of
the projects.
As a Senator who takes pride in trying to represent all interests in
my state, I have also taken great interest in the concerns of my
constituents in eastern Washington, who while not directly impacted by
the removal of the Elwha dam, have legitimate fears that something
similar could happen to a dam on the Columbia or Snake Rivers. Clearly
some groups and agency officials within the Clinton-Gore Administration
want to use the removal of

[[Page S2987]]

Elwha River dams as a first step toward removing or severely limiting
the effectiveness of Columbia River system hydroelectric dams. Already,
the Army Corps of Engineers is evaluating dam removal on the Snake
River as a legitimate option. The Corps has even taken the
unprecedented step of paying Pacific Northwest residents $12 to fill
out a totally biased survey in favor of dam removal to build support
for this cause.
I will never support such efforts to cripple the world's most
productive hydro system. As the source of the nation's lowest power
rates, water for irrigating productive farmland in three states, and a
cost effective transportation system that moves our agricultural
products to market, these dams are truly the lifeblood of our economy
in the Pacific Northwest.
While Columbia River dams have hurt salmon runs, that damage was felt
primarily in the 1930's and 1940's. Since the last Columbia River dam
was constructed we still had large and healthy salmon runs. The last
decade's decline in Columbia River salmon runs cannot be honestly
attributed solely to our hydroelectric facilities.
Nevertheless, we can and should do more for salmon especially by
acting in a more coordinated way to restore this vital resource. But
the costs associated with removing dams on the Snake and Columbia
Rivers will vastly exceed any potential benefit that might occur in
terms of salmon restoration.
Rather than working cooperatively with local communities directly
impacted by the Columbia-Snake Resource on a rational policy that
balances the rivers' important uses, the Clinton-Gore Administration
has chosen a combative policy. Its approach punishes people who make
their livelihoods from this resource and who have made good faith
efforts to reach out and work together.
Another example of the draconian actions federal agencies are using
against ordinary people who depend on the Columbia Snake River System
for their livelihoods is the National Marine Fisheries Service's
recently announced Columbia Basin water policy. The NMFS approach seeks
to discourage or even eliminate any new additional water withdrawals
for municipal, industrial, or irrigation development within the Basin.
The NMFS policy goes even further in challenging the legislative
authority of states to regulate, manage, and allocate water rights. If
adopted, the NMFS policy would effectively abrogate state authority to
grant future water rights for such uses. By calling for a review of
existing water withdrawals, the policy postures toward challenging
existing state-granted water rights. The agency has completely ignored
the efforts of local irrigators to work together on a plan that
balances the rivers' competing uses. Moreover, the agency has taken
this direction without Congressional approval.
Given the out-of-control nature of agencies like the Corps and NMFS
to go beyond their statutory authority to severely compromise the
Columbia-Snake system as well as their eagerness to tear down a
Columbia-Snake River dam, I would not be surprised to see this
administration try to fulfill its dream without Congressional approval.
The people of my state are simply fed up with this top down approach
and my bill attempts to do something about it. In addition to
prohibiting the removal or breach of any dam on the Columbia or Snake
Rivers, my bill prohibits any federal or state agency from taking the
following actions without an act of Congress:
(1) Impairing flood control activities on the Columbia-Snake system;
(2) Reducing the power and energy generating capacity of federally
owned and federally licensed projects to unaffordable levels;
(3) Further restricting access to the Columbia or Snake River for
irrigation and recreational use;
(4) Impairing the river navigation system; and
(5) Restricting state water rights.
I look forward to working with the Administration and my colleagues
from the Pacific Northwest on building support for my proposal. If the
Administration can not bring itself to support something very close to
what's in the Columbia-Snake River section of this bill, we will know
just how serious it is about dam removal in eastern Washington. I have
made major concessions to bring myself to support removal of a dam even
though I find the policy a dubious one, and if the administration is
serious about preserving the effectiveness of the Columbia-Snake system
it will support my proposal.

____________________