[Congressional Record Volume 144, Number 69 (Tuesday, June 2, 1998)]
[Senate]
[Pages S5569-S5572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CONRAD (for himself and Mr. Dorgan):
  S. 2127. A bill to forgive certain debt owed by the city of 
Dickinson, North Dakota; to the Committee on Energy and Natural 
Resources.


                       private relief legislation

 Mr. CONRAD. Mr. President, today I introduce a bill to permit 
the Secretary of the Interior to accept a one-

[[Page S5570]]

time, lump-sum payment from the city of Dickinson, North Dakota, in 
lieu of the annual payments required under the city's existing 
repayment contract for construction of the ``bascule gates'' on the 
Dickinson Dam on the Heart River. In exchange for reducing the debt the 
City would pay, this legislation calls on the City to work to improve 
the water quality on Patterson Lake. This bill would resolve a long-
standing issue for the City of Dickinson and the Bureau of Reclamation.
  Mr. President, the history of the Bascule Gates is long and complex. 
The Bureau of Reclamation constructed the Dickinson Dam on the Heart 
River in 1949 and 1950 to supply water to the city of Dickinson, and 
for flood control, recreation, and other purposes. The reservoir 
created by this dam was named Patterson Lake in about 1960.
  The need for additional water supply for the city was identified in 
the early 1970s, and the bascule gates were constructed in the early 
1980s, to provide additional water storage capacity in Lake Patterson. 
At the time, the City expressed reservations over the cost of the 
bascule gates and the viability of the gates, since the City was not 
aware of any other location in a northern climate in which the gates 
had been tested or proven. In 1982, shortly after the gates were 
operational, a large ice block caused excessive pressure on the 
hydraulic system, causing it to fail. Construction modifications were 
made to the gate hydraulic system and a de-icing system was added in 
1982, adding further costs to the project.
  In 1991, the city began to receive its municipal water supply from 
the Southwest Pipeline Project, a project constructed in part with 
funds provided for North Dakota's statewide water project, the Garrison 
Diversion project, which is another Bureau of Reclamation project. The 
Southwest Pipeline brings high-quality water from Lake Sakakawea on the 
Missouri River to the City of Dickinson and other communities in 
southwest North Dakota. The water is of much higher quality that the 
water from the city's previous supply from Lake Patterson, and has 
helped spur economic development in the region. While the citizens of 
the area now benefit from a higher quality water supply, the City no 
longer benefits from the additional water supply provided by the 
bascule gates. The result is the City is paying for two Bureau of 
Reclamation projects, while it is using water from only one of those 
projects for its municipal water supply. The City has repaid more than 
$1 million to the United States for the bascule gates, despite the fact 
that the gates now provide almost no direct benefit to the City.
  The City has previously investigated alternatives to the current 
situation. The City has discussed the option of assuming title to the 
dam and bascule gates, as well as attempting to negotiate a new 
agreement with the Bureau of Reclamation administratively. However, 
because the terms of the existing contract are outlined statutorily, 
new legislation is required to make any changes to the current 
repayment contract.

  The legislation I am introducing today would do four primary things. 
First, it would permit the Interior Secretary to accept a lump-sum 
payment of $150,000 from the City and terminate the remaining annual 
payments required under the existing repayment contract. This would end 
the issue of paying for the construction of these gates for both the 
City and the Federal government.
  Second, my bill would require the Secretary to reallocate the costs 
of operation and maintenance for the bascule gates and the Dickinson 
Dam. The bill does not prescribe any particular reallocation formula, 
but does require the Secretary to consider the fact that the current 
benefits of the dam and bascule gates are primarily for flood control, 
recreation, and fish and wildlife purposes. In my view, operation and 
maintenance costs should be borne by those who benefit from a 
particular project.
  Third, this legislation would permit the Secretary to enter an 
agreement with the City to give the city responsibility for improving 
the water quality and recreation value of the lake. The City has 
expressed its interest in developing the area to promote and enhance 
recreation and the environment in the area. In recent years, the City 
has been working with the U.S. Geological Survey and the North Dakota 
Department of Health and Department of Game and Fish to improve the 
lake's water quality.
  Finally, my bill would permit the Secretary to enter any appropriate 
water service contracts in the future if the city uses water from 
Patterson Lake for its municipal water supply or for other purposes. It 
is only fair that if the City benefits in the future from the water 
stored behind the bascule gates that we preserve an option for 
recovering additional costs from those beneficiaries.
  Mr. President, this legislation represents a win-win situation for 
the residents of the Dickinson area and for the Federal government. I 
hope this Congress will carefully study this issue and quickly pass 
this important legislation. I ask unanimous consent that the bill and a 
letter from the City Administrator of Dickinson be printed in the 
Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2127

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

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) the Bureau of Reclamation constructed structures known 
     as the bascule gates on top of the Dickinson Dam on the Heart 
     River, North Dakota, to provide additional water supply in 
     the reservoir known as Patterson Lake for the city of 
     Dickinson, North Dakota, and for additional flood control and 
     other benefits;
       (2) the gates had to be significantly modified in 1982 
     because of damage resulting from a large ice block causing 
     excessive pressure on the hydraulic system, causing the 
     system to fail;
       (3) since 1991, the City has received its water supply from 
     the Southwest Water Authority, which provides much higher 
     quality water from the Southwest Pipeline Project;
       (4) the City now receives almost no benefit from the 
     bascule gates because the City does not require the 
     additional water provided by the bascule gates for its 
     municipal water supply;
       (5) the City has repaid more than $1.1 million to the 
     United States for the construction of the bascule gates, and 
     has been working for several years to reach an agreement with 
     the Bureau of Reclamation to alter its repayment contract;
       (6) the City has a longstanding commitment to improving the 
     water quality and recreation value of the reservoir and has 
     been working with the United States Geological Survey, the 
     North Dakota Department of Game and Fish, and the North 
     Dakota Department of Health to improve water quality; and
       (7) it is in the public interest to relieve the United 
     States from further risk or obligation in connection with the 
     collection of construction costs for the bascule gates by 
     providing for a single payment to the United States in lieu 
     of the scheduled annual payments and for the termination of 
     any further repayment obligation.

     SEC. 2. DEFINITION.

       In this Act:
       (1) Bascule gates.--The term ``bascule gates'' means the 
     structure constructed on the Dam to provide additional water 
     storage capacity in the Lake.
       (2) City.--The term ``City'' means the city of Dickinson, 
     North Dakota.
       (3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart 
     River, North Dakota.
       (4) Lake.--The term ``Lake'' means the reservoir known as 
     ``Patterson Lake'' in the State of North Dakota.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of the 
     Bureau of Reclamation.

     SEC. 3. FORGIVENESS OF DEBT.

       (a) In General.--The Secretary shall accept a 1-time 
     payment of $150,000 in lieu of the existing repayment 
     obligations of the City under the Bureau of Reclamation 
     Contract No. 9-07-60W0384, dated December 19, 1988.
       (b) Ownership.--Title to the Dam and bascule gates shall 
     remain with the United States.
       (c) Costs.--
       (1) In general.--In consultation with the City and the 
     State of North Dakota, the Secretary shall reallocate 
     responsibility for the operation and maintenance costs of the 
     Dam and bascule gates.
       (2) Consideration of benefits.--The reallocation of costs 
     shall reflect the fact that the benefits of the Dam and 
     bascule gates are mainly for flood control, recreation, and 
     fish and wildlife purposes.
       (d) Water Quality.--
       (1) In general.--The Secretary shall enter into an 
     agreement with the City to make activities to improve water 
     quality of the Lake and to enhance the recreational value of 
     the Lake the responsibility of the City .
       (2) Assistance.--The City may seek the assistance of 
     Federal agencies to assist in improving the water quality of 
     the Lake.

[[Page S5571]]

       (e) Water Service Contracts.--The Secretary may enter into 
     appropriate water service contracts if the City seeks to use 
     water from the Lake for municipal water supply or other 
     purposes.
                                  ____



                                            City of Dickinson,

                                     Dickinson, SD, March 3, 1998.
     Senator Kent Conrad,
     c/o Kirk Johnson,
     Hart Office Building,
     Washington, DC.
       Dear Kirk: Thanks for your call this morning. As I said on 
     the phone, the city of Dickinson is grateful for the 
     assistance Senator Conrad is providing to the City as a means 
     of resolving the Bascule Gate issue. Following our 
     conversation, I spoke to our City Attorney, Tim Priebe and 
     asked him to consider any points that he feels might add to 
     our argument necessitating legislation on this matter. I have 
     included his input in developing the points to consider in 
     developing the legislation.
       Here are a few ideas we came up with:
       The city of Dickinson has never agreed with the placement 
     of the Bascule Gate device on Dickinson Dam.
       The Bureau of Reclamation has been unable at this point to 
     provide us with information showing other locations in 
     northern climates, affecting by severe winter conditions, in 
     which Bascule Gates have been used.
       We feel the Bascule Gates have more of a flood control 
     benefit than the water impoundment benefit that the City 
     sought in the 1970's prior to the installation of the gates.
       Since 1991, the city of Dickinson has benefited greatly 
     from a new source of water, the Missouri River, which was 
     made possible through the construction of the Southwest 
     pipeline. For this reason, the City no longer uses Patterson 
     Lake as a water source.
       The Southwest Water Authority has informed the City that it 
     has no desire to ever use Patterson Lake as a backup source 
     of water.
       The city of Dickinson has a long standing commitment to the 
     maintenance Patterson Lake as a recreational resource, the 
     improvement of water quality and the extension of the 
     possible life of Patterson Lake. In recent years, the City 
     has actively participated in a study headed by the US 
     Geological Survey and the North Dakota Department of Health 
     to study the Patterson Lake watershed as a means of 
     identifying potential threats to Patterson Lake and water 
     quality due to both sediment and nutrient loading. The final 
     document for this study was produced in December, 1997.
       In accordance with Bureau of Reclamation recommendations, 
     the City recently worked on the transfer of Patterson Lake, 
     Dickinson Dam and related properties from the US Government 
     to the city of Dickinson as a means of resolving the Bascule 
     Gate issue. This effort was abandoned over local concerns 
     regarding the potential liability the City might be taking on 
     if the effort were successful. Prior to abandonment of the 
     transfer issue, the City paid for studies, the outcome of 
     which was a direct benefit to the public. These included a 
     cultural resources study and beginning work on a NEPA study. 
     We understand that the Bureau of Reclamation used the 
     information gathered and completed the studies, which will 
     have a long lasting benefit by having cultural resources and 
     potential cultural resources identified.
       In recent years the City has been working with the North 
     Dakota Department of Game and Fish to improve water quality 
     in the lake and thereby increase its usefulness as a fishery.
       Also while discussing this matter with Tim Priebe, he 
     suggesting referring to a document prepared a few years ago 
     in conjunction with Senator Dorgan's office and the North 
     Dakota State Water Commission. It points more toward the 
     recreation and environmental aspects of this effort, rather 
     than simply an asset buydown. I am enclosing a copy of that 
     study.
       If I can be of further assistance, please let me know.
           Sincerely,
                                                        Greg Sund,

                                       City Administrator.

                                 ______
                                 
      By Mr. STEVENS:
  S. 2128. A bill to clarify the authority of the Director of the 
Federal Bureau of Investigation regarding the collection of fees to 
process certain identification records and name checks, and for other 
purposes; to the Committee on the Judiciary.


                           no gun tax of 1998

 Mr. STEVENS. Mr. President, I introduce for proper referral 
the No Gun Tax Act of 1998 to address the implementation of the 
National Instant Criminal Background Check System (NICS) which takes 
effect November 30, 1998.
  As you know, the Brady Act had two provisions: an interim provision, 
which will expire on November 29, 1998, and permanent provision which 
will take effect on December 1, 1998. The permanent provision mandates 
the establishment of a National Instant Criminal Background Checks 
System (NICS). The operation of the NICS will be the responsibility of 
the Justice Department.
  The Department of Justice now proposes to charge fees for the NICS 
using the authority of a provision in the 1991 Commerce, Justice, State 
Appropriations Act (Public Law 101-515)--an Act that was passed two 
years before the NICS program and which was never intended to allow 
fees under the NICS program. This limited 1991 authority allowed fees 
only ``to process fingerprint identification records and name checks 
for non-criminal justice * * * and licensing purposes.'' It was not 
intended to apply to programs like the NICS program, which checks the 
criminal background of purchasers and has nothing to do with licensing.
  For years I and others pushed for the instant check system as the 
most thorough and efficient way to ensure that criminals cannot buy 
firearms. The imposition of a fee would encourage some to try to obtain 
firearms on the black market. No matter how you feel about gun control, 
we should all do what we can to make sure the new background check 
system works.
  I ask unanimous consent that the text of the bill be printed in the 
Record. I urge all of my colleagues to support this very important 
bill.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2128

       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 ``No Gun Tax Act of 1998''.

     SEC. 2. IDENTIFICATION RECORDS AND NAME CHECKS FEES.

       The first paragraph under the subheading ``Salaries and 
     Expenses'' under the heading ``Federal Bureau of 
     Investigation'' in title II of Public Law 105-515 (28 U.S.C. 
     534 note) is amended by adding at the end thereof the 
     following new sentence: ``Notwithstanding the foregoing or 
     any other provision of law, the Director may not collect any 
     fee, assessment, third party collection, or other charge from 
     any person or agency in connection with any background check 
     required under subsections (s) or (t) of section 922 of title 
     18, United States Code.''.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 2129. A bill to eliminate restrictions on the acquisition of 
certain land contiguous to Hawaii Volcanoes National Park; to the 
Committee on Energy and Natural Resources.


         hawaii volcanoes national Park adjustment act of 1998

 Mr. AKAKA. Mr. President, in behalf of myself and Senator Dan 
Inouye, I am introducing legislation today that would enable the 
National Park Service to acquire a valuable parcel of land at the 
southern tip of the Island of Hawaii for inclusion in Hawaii Volcanoes 
National Park (HVNP).
  My bill, which is supported by the Administration, would revise 
HVNP's enabling act to allow the Secretary of the Interior to use 
appropriated funds to acquire a certain 1,951-acre tract of privately 
held land on the southern boundaries of the park. HVNP's existing 
statutory authority precludes the acquisition of additional contiguous 
properties except by donation.
  Mr. President, the small parcel of land that the Park Service wishes 
to acquire is clearly defined by the ``Great Crack,'' a landform which 
extends to the summit of the Kilauea Caldera and is characterized by 
extensive pili grasslands. The area contains historic and prehistoric 
lava flows with related geological features, major lava tube systems of 
significant biological and cultural value, and over two miles of 
coastal environment with associated cultural sites and marine 
resources.
  Located adjacent to HVNP's designated Wilderness Area, one of the 
most remote areas of the wilderness in Hawaii, the proposed acquisition 
would be managed as undeveloped land sharing the same wilderness 
qualities of natural quiet, grand vistas, and solitude.
  Mr. President, the acquisition of this parcel will significantly 
enhance the environmental and cultural values of Hawaii Volcanoes 
National Park. I hope that my colleagues will support this measure.
  Thank you, Mr. President. I ask unanimous consent that the full text 
of my bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S5572]]

                                S. 2129

       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 ``Hawaii Volcanoes National 
     Park Adjustment Act of 1998''.

     SEC. 2. HAWAII VOLCANOES NATIONAL PARK.

       The first section of the Act of June 20, 1938 (52 Stat. 
     781, chapter 530; 16 U.S.C. 391b), is amended by inserting 
     before the period at the end the following: ``, except for 
     the land depicted on the map entitled `NPS-PAC 1997HW', which 
     may be purchased with donated or appropriated 
     funds.''.

                          ____________________