[Congressional Record Volume 144, Number 83 (Tuesday, June 23, 1998)]
[Senate]
[Pages S6880-S6883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

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

       POM-487. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Appropriations.

                       Senate Resolution No. 216

       Whereas, The Delaware River represents one of 
     Pennsylvania's and one of the nation's most important water 
     resources, serving as a water supply for 17 million persons 
     in the states of New York, Pennsylvania, New Jersey and 
     Delaware; and
       Whereas, The Delaware River is an interstate stream forming 
     the boundary between states for its entire length of 330 
     miles; and
       Whereas, Two major sections of the Delaware River have been 
     designated under the Wild and Scenic Rivers Act; and
       Whereas, The remaining section of the Delaware River has 
     been studied and is now in the process of being designated 
     under the Wild and Scenic Rivers Act; and
       Whereas, The Delaware River and the Pennsylvania 
     tributaries serve as a major recreational facility for the 
     large population of the New York/Pennsylvania Metropolitan 
     Area; and
       Whereas, The Congress of the United States created the 
     Delaware River Basin Compact (Compact) in recognition of the 
     need to coordinate the efforts of the four states and Federal 
     agencies and to establish a management system to oversee the 
     use of water and related natural resources of the Delaware 
     River Basin; and
       Whereas, The Compact was enacted by the legislatures of New 
     York, Pennsylvania, New Jersey, and Delaware and by Congress 
     and was signed into law on September 27, 1961, to provide a 
     mechanism to guide the conservation, development and 
     administration of water resources of the river basin; and
       Whereas, The Compact established the Delaware River Basin 
     Commission (Commission) as the agency to coordinate the water 
     resources efforts of the four states and the Federal 
     Government and provided the Commission with authority for 
     management and protection of flood plains, water supplies, 
     water quality, watersheds, recreation, fish and wildlife and 
     cultural, visual and other amenities; and
       Whereas, The Commission has provided for equitable 
     treatment of all parties without regards to political 
     boundary; and
       Whereas, The Commission includes both the Delaware River 
     and Delaware Bay, which serve the port of Pennsylvania, a 
     port that handles the largest volume of petroleum of all 
     United States' ports; and
       Whereas, Sections 3.3 and 3.4 of the Compact specifically 
     provide for the Commission, with the consent of the parties 
     in the matter of state of New Jersey v. state of New York et 
     al. 347 U.S. 995 (1954) to apportion the water to and among 
     the states; and
       Whereas, The Commission has successfully negotiated all 
     disputes or conflicts between parties without any appeal to 
     the United States Supreme Court; and
       Whereas, Section 13.3 of the Compact calls for the adoption 
     and apportionment of the Commission's annual expense budget 
     among the signatory parties to the Compact; and
       Whereas, The United States is a duly constituted signatory 
     party to the Compact; and
       Whereas, In fiscal years 1996, 1997 and 1998, the 
     Commission duly submitted its approved budgets to the 
     President's Office of Management and Budget (OMB) and 
     Congress; and
       Whereas, The Federal Government failed to provide full 
     funding in fiscal year 1996 and failed to provide any funding 
     in fiscal years 1997 and 1998 for the Commission's current 
     expense budget and has, therefore, not met the funding 
     requirement of section 13.3 of the Compact; and
       Whereas, The Commission also has adopted and duly submitted 
     to OMB a current expense budget for fiscal year 1999 that 
     includes an apportionment for the Federal Government in the 
     amount of no dollars; and
       Whereas, The fair share apportionment of the Commission's 
     annual expense budget for the Federal Government for fiscal 
     year 1999 is $628,000; and
       Whereas, The cumulative shortfall of Federal funding for 
     the Commission since fiscal year 1996 to $1.716 million; and
       Whereas, The Commission pays the Federal Government 
     approximately $1.3 million per year to purchase storage in 
     the Blue Marsh and Beltzville multipurpose reservoirs; and
       Whereas, The Commission is the agent of Congress in the 
     allocation of the waters of the basin among the signatory 
     states; and
       Whereas, The Commission, through its regulations and 
     programs, protects interstate waters and the Delaware Bay and 
     provides a forum for the prevention and settlement of 
     interstate disputes that arise over the use of interstate 
     waters; and
       Whereas, Through these interstate functions and many other 
     programs and activities, such as the coordination of the 
     basin flood and drought forecasting and warning system, the 
     Commission saves the Federal Government time, resources and 
     money, thus advancing the welfare of the nation; therefore be 
     it
       Resolved, The the Senate of Pennsylvania urge the President 
     of the United States and Congress to provide the Commission 
     with funding in an amount equal to what is owed for the 
     Federal Government's share of the Commission's operating 
     budgets for fiscal years 1996, 1997, 1998 and 1999; and be it 
     further
       Resolved, That the Senate of Pennsylvania urge the 
     President of the United States and Congress to fulfill the 
     Federal Government's obligation under the Delaware River 
     Basin Compact to annually contribute the apportioned share of 
     the Commission's future operating budgets; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.

[[Page S6881]]

     
                                  ____
       POM-488. A resolution adopted by the Senate of the 
     Legislature of the commonwealth of Pennsylvania; to the 
     Committee on Appropriations.

                       Senate Resolution No. 183

       Whereas, The Susquehanna River represents one of 
     Pennsylvania's and one of the mid-Atlantic region's most 
     important water resources, draining an area of 27,510 square 
     miles and flowing through the states of New York, 
     Pennsylvania and Maryland; and
       Whereas, The Susquehanna River provides 50% of the 
     freshwater flowing to the Chesapeake Bay and is classified by 
     the Federal Government as a navigable waterway, factors which 
     emphasize its significance to state, regional and national 
     interests; and
       Whereas, The Congress of the United States created the 
     Susquehanna River Basin compact in recognition of the need to 
     coordinate the efforts of the three states and Federal 
     agencies and to establish a management system to oversee the 
     use of water and related natural resources of the Susquehanna 
     River; and
       Whereas, The Compact was enacted by the legislatures of New 
     York State, Pennsylvania and Maryland and Congress and was 
     signed into law on December 24, 1970, to provide a mechanism 
     to guide the conservation, development and administration of 
     the water resources of the river basin; and
       Whereas, The Compact established the Susquehanna River 
     Basin Commission as the agency to coordinate the water 
     resources efforts of the three states and the Federal 
     Government and provided the Commission with authority for 
     management and protection of flood plains, water supplies, 
     water quality, watersheds, recreation, fish and wildlife, and 
     cultural, visual and other amenities; and
       Whereas, Section 14.3 of the Compact calls for an equitable 
     apportionment of the Commission's annual expense budget among 
     the signatory parties to the Compact; and
       Whereas, The United States of America is a duly constituted 
     signatory party to the Compact; and
       Whereas, In Fiscal Years 1996, 1997 and 1998, the 
     Commission duly submitted its approved budgets to the 
     President's Office of Management and Budget (OMB) and 
     Congress; and
       Whereas, The United States failed to provide full funding 
     in Fiscal Year 1996 and failed to provide any funding in 
     Fiscal Years 1997 and 1998 for the Commission's current 
     expense budget and has therefore not met the ``equitable'' 
     funding requirement of section 14.3 of the Compact; and
       Whereas, The Commission also has adopted and duly submitted 
     to OMB a current expense budget for Fiscal Year 1999 that 
     includes an apportionment for the Federal Government in the 
     amount of $400,000; and
       Whereas, The cumulative shortfall of Federal funding to the 
     Commission since Fiscal Year 1996 is $1.218 million; and
       Whereas, The Commission pays the Federal Government 
     approximately $3.8 million per year to purchase storage in 
     the Cowanesque and Curwensville Flood Control Reservoirs; and
       Whereas, The Commission is the agent of Congress in the 
     allocation of the waters of the basin among the signatory 
     states; and
       Whereas, The Commission, through its regulations and 
     programs, protects interstate waters and the Chesapeake Bay 
     and provides a forum for the prevention and settlement of 
     interstate disputes that arise over the use of interstate 
     waters; and
       Whereas, Through these interstate functions and many other 
     of its programs and activities such as the coordination of 
     the basin flood forecasting and warning system, the 
     Commission saves the Federal Government time, resources and 
     money, thus advancing the welfare of the nation; and
       Whereas, On January 15, 1998, the members of the Commission 
     adopted Resolution No. 98-01, authorizing the Commission to 
     offset from payment of moneys made to the Federal Government 
     a sum not to exceed the amount apportioned to the United 
     States in the Commission's officially adopted current expense 
     budget and unpaid by the Federal Government since Fiscal Year 
     1996; and
       Whereas, Resolution No. 98-01 provides that this offset 
     authority will continue in force as long as the United States 
     fails to fund the amount apportioned to the Federal 
     Government in the Commission's current expense budget; and
       Whereas, Resolution 98-01 stipulates that the amount to be 
     withheld in the current fiscal year is $1.218 million; 
     therefore be it
       Resolved, That the Senate of Pennsylvania support the 
     Commission's decision is withhold from the Federal Government 
     a portion of its reservoir storage payments equal to the 
     amount owed by the Federal Government for its share of the 
     Commission's operating budgets for Fiscal Years 1996, 1997, 
     1998 and 1999 until such time as the Federal Government 
     provides these funds; and be it further
       Resolved, That the Senate of Pennsylvania urge the 
     President of the United States and Congress to provide the 
     Commission with funding in amount equal to what is owed for 
     the Federal Government's share of the Commission's operating 
     budgets for Fiscal Years 1996, 1997, 1998 and 1999; and be it 
     further
       Resolved, That the Senate of Pennsylvania urge the 
     President of the United States and Congress to fulfill the 
     Federal Government's obligation under the Susquehanna River 
     Basin Compact to annually contribute an equitably apportioned 
     share of the Commission's future operating budgets, and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-489. A resolution adopted by the Council of the City of 
     Miami Springs, Florida relative to renaming the Everglades 
     National Park; to the Committee on Energy and Natural 
     Resources.
       POM-490. A resolution adopted by the Senate of the 
     Legislature of the Commonwealth of Pennsylvania; to the 
     Committee on Energy and Natural Resources.

                       Senate Resolution No. 218

       Whereas, The Marine Corps' Iwo Jima Memorial honors the 
     marines who fought on that island during WWII; and
       Whereas, The memorial depicts six men as they struggle to 
     raise an American flag atop a mountain, signaling defeat to 
     their enemy and hope to their comrades below; and
       Whereas, The battle was the most costly in Marine history. 
     The 36 days of fighting led to 25,851 casualties, over a 
     third of the landing force, including more than 1,000 dead 
     per square mile. More Medals of Honor were won on Iwo Jima 
     than during any other battle in United States history. 
     Admiral Nimitz remarked that among the sailors and marines on 
     Iwo Jima, ``uncommon valor was a common virtue''; and
       Whereas, The Iwo Jima Memorial may be obscured by an Air 
     Force Memorial--a sprawling 20,000 square-foot, five-story, 
     high-tech, interactive multimedia complex. Such a structure 
     would be appropriate in front of the heavily trafficked Air 
     and Space Museum, the site first approved for the structure; 
     and
       Whereas, During National Capital Planning Commission (NCPC) 
     hearings, the location changed abruptly to ground 500 feet in 
     front of the Marines' memorial. Though the NCPC originally 
     noted twice, 7-4 against the site, it reversed its decision 
     in a little-publicized meeting; and
       Whereas, The Marine Corps was only informed after the fact. 
     No public hearings were held. The proposal clearly violates a 
     United States law that says, ``A commemorative work shall 
     (not encroach) upon any existing commemorative work.''; 
     therefore be it
       Resolved, That the Senate of Pennsylvania urge the Congress 
     of the United States to consider and pass S-1284, HR-3188 or 
     HR-2313, each of which would prohibit future memorials in the 
     area desired by the Air Force; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-491. A concurrent resolution adopted by the Legislature 
     of the State of Arizona; to the Committee on Finance.

                    Senate Concurrent Memorial 1006

       A Concurrent Memorial urging the President and the Congress 
     of the United States to refuse to authorize, endorse, ratify 
     or adopt any international treaty or federal designation that 
     would usurp the authority of the states to establish their 
     own environmental standards.
       To the President and the Congress of the United States: 
     Your memorialist respectfully represents:
       Whereas, the environmental side agreement to the North 
     American Free Trade Agreement (NAFTA) creates the Commission 
     for Environmental Cooperation (CEC), which is charged with 
     promoting sustainable development, encouraging improved 
     pollution prevention policies, enhancing compliance with 
     environmental laws and regulations and facilitating 
     cooperative environmental efforts among the NAFTA parties. A 
     nongovernmental organization has requested the CEC to prepare 
     a report addressing the cumulative effects of groundwater 
     pumping, grazing and mining on the San Pedro River, the San 
     Pedro Riparian National Conservation Area and the wildlife 
     species that live in this southeastern Arizona area. The CEC 
     has agreed to this petition and has undertaken an independent 
     report examining alleged water problems in the San Pedro 
     River watershed; and
       Whereas, this study of the San Pedro River watershed does 
     not in any way relate to the trade relations between Canada, 
     Mexico and the United States that are the stated purpose of 
     the NAFTA environmental arm. Further, the Congress of the 
     United States specifically addressed the San Pedro watershed 
     in 1988 when it passed federal legislation establishing the 
     San Pedro Riparian National Conservation Area to protect the 
     riparian habitat and the area's wildlife, scientific, 
     educational and recreational resources; and
       Whereas, although the objectives behind NAFTA are sound and 
     the agreement will continue to create tremendous economic 
     opportunity for this state, the NAFTA environmental side 
     agreement, or any other international treaty or negotiation, 
     should not place states' environmental rights under 
     international authority nor override the states' jurisdiction 
     over their own environmental matters. the CEC study and 
     report represent an unnecessary intrusion of an international 
     environmental entity into state matters that excessively 
     limits the use of both private and public lands in this 
     state; and
       Whereas, in 1997 President Bill Clinton established, by 
     Executive Order 13061, the American Heritage Rivers 
     Initiative with three objectives, including natural resource

[[Page S6882]]

     and environmental protection. The initiative requires 
     executive agencies to coordinate federal plans, functions, 
     programs and resources to preserve, protect and restore 
     rivers and their associated resources that are important to 
     our nation's history, culture and natural heritage; and
       Whereas, various federal and state authorities are already 
     charged with regulating water resources within the State of 
     Arizona, and numerous grassroots organizations across the 
     nation have been founded to protect and conserve the nation's 
     rivers and watersheds. Designation of additional areas 
     subject to federal involvement in land use management would 
     be unduly restrictive on both the privately and publicly 
     owned land bordering rivers, much of which is already 
     restrictively managed for perceived environmental benefits 
     through designation or proposed designation as wilderness 
     areas, primitive areas, critical habitat or potential habitat 
     for endangered species, conservation areas, areas of critical 
     environmental concern and wild or scenic rivers; and
       Whereas, riparian and general conservation efforts are best 
     administered and managed at state or local levels of 
     government, not by an international council or federal entity 
     that is neither familiar with nor affected by the areas in 
     question.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the Congress of the United States take any steps 
     within its power to rectify the situation in southeastern 
     Arizona regarding the intrusion by the international CEC into 
     the affairs of the San Pedro River watershed.
       2. That the Congress of the United States refuse to ratify 
     or adopt future treaties making the states of this nation 
     subject to international intrusion or authority over states' 
     environmental matters.
       3. That the President of the United States not authorize or 
     endorse the designation of any river, watershed or river 
     segment within the State of Arizona as an American Heritage 
     River.
       4. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives and 
     each Member of Congress from the State of Arizona.
                                  ____

       POM-492. A resolution adopted by the Legislature of the 
     Commonwealth of Pennsylvania; to the Committee on Foreign 
     Relations.

                              Resolution--

       Whereas, The United States is a signatory to the 1992 
     United Nations Framework Convention on Global Climate Change 
     (FCCC); and
       Whereas, Protocol to expand the scope of the FCCC was 
     negotiated in December 1997, in Kyoto, Japan (Kyoto 
     Protocol), requiring the United States to reduce emissions of 
     greenhouse gases by 7% from 1990 levels during the period 
     2008 to 2012, with potentially larger emission reductions 
     thereafter; and
       Whereas, The Kyoto Protocol would require other major 
     industrial nations to reduce emissions from 1990 levels by 6% 
     to 8% during the period 2008 to 2012, with potentially larger 
     emission reductions thereafter; and
       Whereas, President William J. Clinton pledged on October 
     22, 1997, that ``The United States will not assume binding 
     obligations (in Kyoto) unless key developing nations 
     meaningfully participate in this effort''; and
       Whereas, On July 25, 1997, the United States Senate adopted 
     Senate Resolution No. 98 by a vote of 95-0 expressing the 
     Sense of the Senate that, inter alia, ``the United States 
     should not be signatory to any protocol to, or other 
     agreement regarding, the Framework Convention on Climate 
     Change . . . which would require the advice and consent of 
     the Senate to ratification, and which would mandate new 
     commitments to mitigate greenhouse gas emissions for the 
     Developed Country Parties, unless the protocol or other 
     agreement also mandates specific scheduled commitments within 
     the same compliance period to mitigate greenhouse gas 
     emissions for Developing Country Parties''; and
       Whereas, Developing nations who are exempt from greenhouse 
     gas emission limitation requirements in the FCCC refused in 
     the Kyoto negotiations to accept any new commitments for 
     greenhouse gas emission limitations through the Kyoto 
     Protocol or other agreements; and
       Whereas, The Kyoto Protocol fails to meet the tests 
     established for acceptance of new climate change commitments 
     by President Clinton and by United States Senate Resolution 
     No. 98; and
       Whereas, The United States relies on carbon-based fossil 
     fuels for more than 90% of its total energy supply; and
       Whereas, Achieving the emission reductions proposed by the 
     Kyoto Protocol would require more than 35% reduction in 
     projected United States carbon dioxide emissions during the 
     period 2008 to 2012; and
       Whereas, Developing countries exempt from emission 
     limitations under the Kyoto Protocol are expected to increase 
     their rates of fossil fuel use over the next two decades and 
     to surpass the United States and other industrialized 
     countries in total emissions of greenhouse gases; and
       Whereas, Economic impact studies by the Federal Government 
     estimate that legally binding requirements for the reduction 
     of United States greenhouse gases to 1990 emission levels 
     would result in the loss of more than 900,000 jobs in the 
     United States, sharply increase energy prices, reduce family 
     incomes and wages and cause severe losses of output in energy 
     intensive industries such as aluminum, steel, rubber, 
     chemicals and utilities; and
       Whereas, The failure to provide for commitments by 
     developing countries in the Kyoto Protocol creates an unfair 
     competitive imbalance between industrial and developing 
     nations, potentially leading to the transfer of jobs and 
     industrial development from the United States to developing 
     countries; and
       Whereas, Increased emissions of greenhouse gases by 
     developing countries would offset any environmental benefits 
     associated with emissions reductions achieved by the United 
     States and by other industrial nations; therefore be it
       Resolved (the House of Representatives concurring), That 
     the General Assembly memorialize the President of the United 
     States not to sign the Kyoto Protocol; and be it further
       Resolved, That in the event he signs the Kyoto Protocol, 
     the President promptly submit the Kyoto Protocol to the 
     Senate of the United States for its timely consideration; and 
     be it further
       Resolved, That the Senate of the United States reject any 
     proposed protocol or other amendment to the FCCC that is 
     inconsistent with this resolution or that does not comply 
     fully with United States Senate Resolution No. 98; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-493. A resolution adopted by the Legislature of the 
     Commonwealth of Pennsylvania; to the Committee on the 
     Judiciary.

                              Resolution--

       Whereas, During the 104th Congress, Second Session, H.R. 
     3328 was introduced in the United States House of 
     Representatives; and
       Whereas, The legislation, also referred to as the 
     Collegiate Athletics Integrity Act of 1996, prohibited sports 
     agents from influencing college athletes; and
       Whereas, The legislation was not enacted by the Congress of 
     the United States; and
       Whereas, In the current session of the 105th Congress, 
     legislation needs to be enacted that will prohibit sports 
     agents from influencing college athletes; and
       Whereas, It is appropriate to urge Congress to enact such 
     legislation; therefore be it
       Resolved (the House of Representatives concurring), That 
     the General Assembly of the Commonwealth of Pennsylvania 
     memorialize Congress to enact legislation prohibiting sports 
     agents from influencing college athletes; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-494. A resolution adopted by the Board of Trustees of 
     Worth Township, Illinois relative to a constitutional 
     amendment protecting the American flag; to the Committee on 
     the Judiciary.
       POM-495. A concurrent resolution adopted by the Legislature 
     of the State of Michigan; to the Committee on the Judiciary.

                   House Concurrent Resolution No. 42

       Whereas, In many situations, the difficulties facing family 
     farming operations are numerous and challenging. The number 
     of farms has declined steadily for many years, both in 
     Michigan and throughout the entire country. For Black farmers 
     across this nation, however, the obstacles to survival are 
     staggering. Recent investigations through the Congressional 
     Black Caucus and organizations like the National Black 
     Farmers Association have revealed the extent of 
     discrimination against African American farm operations. 
     These civil rights violations were contained in 
     recommendations of a task force within the United States 
     Department of Agriculture; and
       Whereas, Access to capital, vital component of any farming 
     operation, has been denied to many Black farmers. When not 
     denied outright, through loans refused and ultimate 
     foreclosures, loans for Black farmers often take far longer 
     to be approved. The result of a delay for a farm loan is 
     often financial ruin; and
       Whereas, According to the National Black Farmers 
     Association, the USDA foreclosed on 1,000 Black farms in the 
     last several months. Black farmers are losing land at a rate 
     of 9,000 acres a week. At this rate, according to the chair 
     of the Congressional Black Caucus, Black farms will vanish by 
     the year 2000; and
       Whereas, The USDA, through it civil rights study group, has 
     identified specific legislative changes to combat 
     discrimination in its policies and programs. Any delay in 
     implementing needed changes and in revamping the department's 
     response to Black farmers is too long; and
       Whereas, In April 1998, the Justice Department ruled that 
     most of the approximately 2,000 cases brought by Black 
     farmers with complaints of discrimination between 1983 and 
     1996 would expire due to the statute of limitations. It is 
     essential that Congress take actions to enable the federal 
     government to respond appropriately to the legitimate claims 
     of these citizens; now, therefore, be it

[[Page S6883]]

       Resolved by the House of Representatives (the Senate 
     concurring), That we urge the United States Department of 
     Agriculture to take strong steps to halt all discrimination 
     against Black farmers, to settle pending claims, and to 
     memorialize the Congress of the United States to enact 
     legislation to waive the statute of limitations for the 
     discrimination cases brought against the Department of 
     Agriculture between 1983 and 1996; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the United States Department of Agriculture, the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, and the members of the Michigan 
     congressional delegation.

                          ____________________