[Congressional Record Volume 146, Number 50 (Thursday, April 27, 2000)]
[Senate]
[Pages S3020-S3022]
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-462. A resolution adopted by the Legislature of Guam 
     relative to commuting a jail sentence and returning Federal 
     lands to the original landowners; to the Committee on Energy 
     and Natural Resources.

                           Resolution No. 270

       Whereas, a Dededo lot approximately 29,000 square meters in 
     size, owned by Angel Leon Guerrero Santos' grandfather Angel 
     Borja Santos, was condemned by appointed Governor Carlton 
     Skinner in 1950; and
       Whereas, the above mentioned lot was used as part of the 
     United States military training and exercise grounds decades 
     ago, but has since been declared excess federal land by the 
     United States Department of Defense for decades, and is not 
     within the boundaries of any active federal facility or 
     reservation, nor is it fenced or otherwise routinely 
     patrolled; and
       Whereas, Angel L.G. Santos began living and farming on the 
     Dededo lot in 1992, citing the fact that the government had 
     not used the land in many year; and
       Whereas, the U.S. military and then the Federal Government 
     issued notice to Angel L.G. Santos to vacate the lot, and in 
     1993 the federal government sought and was granted federal 
     court injunction to keep him form the lot; and
       Whereas, a concrete house built by Angel L.G. Santos on the 
     lot was destroyed by the Federal Government after the Federal 
     Court injunction was granted in 1993, but in 1999 Angel L.G. 
     Santos gave notice to the U.S. military that he would again 
     live on the lot as an act of civil disobedience protesting 
     the resistance of the Federal Government to allow excess land 
     to be returned to the original owners and their heirs; and
       Whereas, the U.S. District Court of Guam sentenced Angel 
     L.G. Santos to federal prison for violating its injunction 
     against entering and using the Dededo lot and for violating 
     its order to appear in court on October 8, 1999; and
       Whereas, the Federal Government controls approximately one-
     third of Guam's land, with 44,000 acres in its inventory of 
     which 12,000 acres is surrounded by a military fence and only 
     6,000 acres of that is actively being used by the military; 
     and
       Whereas, the Federal Government has declared 10,000 acres 
     of land it claims in Guam as excess land and has expressed 
     its intent to return the excess land to the Government of 
     Guam, but resists the Government of Guam's expressed intent 
     in local law to return the excess Federal land to the 
     original landowners and their heirs; and
       Whereas, the Federal Government's holding of 44,000 acres 
     of Guam land, more than 30,000 acres of which have never been 
     developed, serves to stifle the Island's economy by not 
     allowing private land owners to develop, farm, or profit from 
     the land, by not allowing the local government to tax the 
     land, and by making land more scarce and more expensive, and 
     thereby driving up the cost of other goods and services on 
     the Island; and
       Whereas, the unused federal land was condemned by a 
     government not elected by the people of Guam and is withheld 
     by a Federal Government not elected by the people of Guam; 
     and
       Whereas, Guam has been colonized and administered for 
     hundreds of years by the Spanish, the United States of 
     America, and Japan, and while the people of Guam are as 
     patriotic as any other Americans, they seek democratic self-
     determination that has been endorsed by President William 
     Clinton in his visit to Guam in 1998; now therefore, be it
       Resolved, That I Mina'Bente Singko Na Liheslaturan Guahan 
     respectfully requests that clemency be granted for Angel L.G. 
     Santos by President William Clinton, that his sentence be 
     commuted, and that he be released and returned to Guam; and 
     be it further
       Resolved, That I Mina'Bente Singko Na Liheslaturan Guahan 
     respectfully requests that President William Clinton return 
     all excess federal lands to the Government of Guam as 
     expeditiously as possible; and be it further
       Resolved, That I Mina'Bente Singko Na Liheslaturan Guahan 
     respectfully requests that the United States Congress allow 
     all excess federal lands returned to the Government of Guam 
     to be disposed of as the local government determines, 
     including but not limited to the return of the land to 
     original landowners and their heirs when possible; and be it 
     further
       Resolved, That the Speaker certify to and the Legislative 
     Secretary attest the adoption hereof and that copies of the 
     same be thereafter transmitted to the President of the United 
     States; to the President of the United States Senate; to the 
     Speaker of the United States House of Representatives; to the 
     Secretary General of the United Nations; to the National 
     Organization for the Advancement of Chamour People; to 
     amnesty International; to Attorney Antonio Cortez; to 
     Rosaline Roberto Salas; to the Guam Congressional Delegate; 
     and to the Honorable Carl T.C. Gutierrez, I Maga'lahen 
     Guahan.
                                  ____

       POM-463. A resolution adopted by the Legislature of Guam 
     relative to a ``Critical Habitat'' Designation on Guam; to 
     the Committee on Energy and Natural Resources.

                           Resolution No. 268

       (Be it Resolved by I Liheslaturan Guahan:
       Whereas, thousands of acres of land on Guam are designated 
     as ``wildlife refuge'' by the Department of the Interior, 
     preventing the rightful and long overdue return of that land 
     to original landowners and restricting the growth of Guam's 
     economy, in the name of protecting an extremely small number 
     of birds; and
       Whereas, attorneys for the Center for Biological Diversity 
     and the Marianas Audubon Society sent a February 3, 2000 
     letter addressed to Secretary of the Interior, the Honorable 
     Bruce Babbit, threatening litigation and seeking to designate 
     twenty-four thousand five hundred sixty-two (24,562) acres of 
     land on Guam as ``Critical Habitat''; and
       Whereas, the designation of the land as ``Critical 
     Habitat'' would significantly restrict the Island's tourism 
     industry, placing significant restrictions on inbound and 
     outbound commercial airline flights on Guam by forcing the 
     Federal Aviation Administration to ensure that any of its 
     actions, even those taking place outside of the ``Critical 
     Habitat,'' will not affect the habitat in any way; and
       Whereas, a ``Critical Habitat'' environmental designation 
     is significantly more restrictive on uses of real property 
     than a wildlife refuge and could be applied to privately 
     owned real property and real property owned by the government 
     of Guam, severely limiting the possible economic uses for 
     local land already in short supply; and
       Whereas, a ``Critical Habitat'' designation on privately 
     owned real property would devalue that real property, causing 
     an adverse impact to local lending institutions and 
     developers that use the value of real property for collateral 
     in their financial arrangements; and
       Whereas, a ``Critical Habitat'' designation on real 
     property owned by the government of Guam would make it 
     virtually impossible to finance projects through the bond 
     market, and therefore would limit the development of 
     infrastructure by the Guam Power Authority, the Guam 
     International Airport Authority, the Department of Education, 
     the

[[Page S3021]]

     Guam Waterworks Authority and the Port Authority of Guam, 
     among others, which are needed for the economic development 
     of the Island and the physical well-being of the Island's 
     population; and
       Whereas, the return of excess Federal lands to original 
     landowners or their heirs that is designated as ``Critical 
     Habitat'' would result in a significant limitation on the use 
     of those lands, including the prevention of basic uses, such 
     as farming or construction of simply family dwellings and 
     would restrict the installation of basic infrastructure, such 
     as water and power utilities; and
       Whereas, a ``Critical Habitat'' designation could affect 
     the mission of the U.S. military in this region, as Rear 
     Admiral E.K. Kristensen wrote to the U.S. Fish and Wildlife 
     Service Regional Director on November 17, 1992, stating 
     concerns regarding ``the possibility of untenable restriction 
     on the military mission that could be created . . . which 
     could lead to significant limitation on the Department of 
     Defense Activities Perceived in the Future is incompatible 
     with Refuge operations.''; and
       Whereas, the limitations on Guam's development, commercial 
     flights, basic Island infrastructure, financial arrangements, 
     original landowners and economic activity that would be 
     forced by a ``Critical Habitat'' designation would be without 
     significant evidence and scientific data showing that the 
     designation would in anyway be necessary for the continued 
     survival of any species; now therefore, be it
       Resolved. That I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request that the United States Department of Interior not 
     allow the designation of land on Guam as ``Critical 
     Habitat''; and be it further
       Resolved, That I MinaBente Singko Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request that the Congress of the United States of America not 
     allow the designation of land on Guam as ``Critical 
     Habitat''; and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attests to, the adoption hereof and that copies of 
     the same be thereafter transmitted to the Honorable William 
     Jefferson Clinton, President of the United States of America; 
     to the Honorable Albert Gore, Jr., President of the United 
     States Senate; to the Honorable J. Dennis Hastert, Speaker of 
     the United States House of Representatives; to the Honorable 
     Bruce Babbit, Secretary of the United States Department of 
     Interior; to the Honorable Robert A. Underwood, Member of 
     Congress, U.S. House of Representatives; and to the Honorable 
     Carl T.C. Gutierrez, I Magalahen Guahan.
       POM-464. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to prescription drug 
     coverage for Medicare beneficiaries; to the Committee on 
     Finance.

                   Senate Concurrent Resolution No. 7

       Whereas, although Medicare provides important health 
     insurance for older Americans, its coverage is not 
     comprehensive, requires substantial cost-sharing for many 
     covered services, and does not cover prescription drugs; and
       Whereas, the American Association of Retired Persons (AARP) 
     recently published a brief entitled ``Out-Of-Pocket Health 
     Spending by Medicare Beneficiaries Age 65 and Older: 1999 
     Projections'' and revealed that Medicare beneficiaries age 
     sixty-five and older were projected to spend an average of 
     $2,430 or nineteen percent of income; out-of-pocket for 
     health care in 1999; and
       Whereas, prescription drugs account for the single largest 
     component of out-of-pocket spending on health care after 
     premium payment; and
       Whereas, on average, beneficiaries are expected to spend as 
     much out-of-pocket for prescription drugs as for physician 
     care, vision services, and medical supplies combined; and
       Whereas, in many cases, prescription drugs have proven to 
     be more effective, more convenient, and less expensive than 
     alternatives such as surgery or hospitalization; and
       Whereas, the nation is currently engaged in a debate about 
     how to provide prescription drug coverage to Medicare 
     beneficiaries, the vast majority of whom are age sixty-five 
     and over; and
       Whereas, while about two-thirds of all Medicare 
     beneficiaries already have some form of prescription drug 
     coverage, many low-income seniors do not; and
       Whereas, the Legislature of Louisiana believes that all 
     seniors who need prescription drugs should have access to 
     them. Therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to adopt a 
     program which will provide prescription drug coverage to 
     Medicare beneficiaries. Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana congressional delegation.
                                  ____

       POM-465. A resolution adopted by the Legislature of the 
     State of Minnesota relative to Americans who may be held 
     against their will in North Korea, China, Russia, and 
     Vietnam; to the Committee on Foreign Relations.

                            Resolution No. 4

       Whereas, United States satellite and spy plane photos show 
     names and rescue codes of missing servicemen spelled out on 
     the ground in Vietnam and Laos; and
       Whereas, such rescue codes are constructed exactly as the 
     missing men were taught should they ever be captured; and
       Whereas, the executive branch of the United States 
     government has declined to follow the unanimous 
     recommendation of the Senate Select POW/MIA committee to make 
     a by-name request of the government of Vietnam regarding the 
     fate of an individual associated with a June 5, 1992, symbol 
     at a Vietnamese prison; and
       Whereas, the executive branch has steadfastly refused a 
     unanimous recommendation from the same committee to create an 
     imagery review task force to look for other symbols from 
     prisoners; and
       Whereas, intelligence indicates a group of live American 
     prisoners held in North Korea; and
       Whereas, intelligence reports indicate the presence of 
     American POWs held in North Korea, China, Russia, and 
     Vietnam; and
       Whereas, the United States government has rebuffed 
     overtures from Vietnam and North Korea regarding the release 
     of live American POWs; now, therefore, be it
       Resolved by the Legislature of the State of Minnesota, That 
     it urges the President and the Congress of the United States 
     to take whatever action is necessary to obtain the release of 
     Americans who may be held against their will in North Korea, 
     China, Russia, and Vietnam. Be it further
       Resolved, That the Secretary of State of the State of 
     Minnesota is directed to prepare copies of this memorial and 
     transmit them to the President of the United States, the 
     President and the Secretary of the United States Senate, the 
     Speaker and the Clerk of the United States House of 
     Representatives, and Minnesota's Senators and Representatives 
     in Congress.
                                  ____


                       Senate Resolution No. 331

       Whereas, The U.S. Environmental Protection Agency (USEPA) 
     is required to submit a report to the U.S. Congress under the 
     Bevill Amendment of 1980, otherwise known as the Bevill 
     Regulatory Determination for Fossil Fuel Combustion Wastes; 
     and
       Whereas, The Bevill Regulatory Determination requires the 
     USEPA to ``conduct a detailed and comprehensive study and 
     submit a report on the adverse effects on human health and 
     environment, if any, of the disposal and utilization of fly 
     ash waste, bottom ash waste, slag waste, flue gas emission 
     control waste, and other by-product materials generated 
     primarily from other combustion of coal or other fossil 
     fuels''; and
       Whereas, The USEPA has studied this issue since 1981 and in 
     1993 decided that these coal combustion wastes do not pose a 
     threat to human health and the environment under current 
     disposal practices; and
       Whereas, The new USEPA report may recommend that coal ash 
     be classified as a hazardous waste; and
       Whereas, Illinois is a coal-producing state and a 
     determination that coal ash is a hazardous waste would 
     inhibit the sales of Illinois coal; and
       Whereas, Coal is used in a number of industrial processes 
     by major employers and is a vital component of the Illinois 
     industrial fuel mix; and
       Whereas, Coal ash can be a useful by-product of coal 
     combustion and can be incorporated in a number of products 
     such as gypsum board, roof shingles, abrasives, and fluid 
     fill material and classifying coal ash as a hazardous waste 
     would seriously damage recycling efforts and the business 
     economy associated with these products; and
       Whereas, Illinois derives nearly half of its energy needs 
     from coal-fired power plants and further hindering their 
     operations could compromise the realiaibility of the electric 
     system; and
       Whereas, Illinois coal-fired power plants would be put at a 
     competitive disadvantage if the Bevill Determination were to 
     recommend that coal ash be classified a hazardous waste; 
     therefore, be it
       Resolved, by the Senate of the Ninety-first General 
     Assembly of the State of Illinois, That we urge the USEPA to 
     refrain from classifying coal ash as a hazardous waste; and 
     be it further
       Resolved, That suitable copies of this resolution be 
     delivered to Vice President Al Gore, USEPA Director Carol 
     Browner, and every member of the Illinois congressional 
     delegation.
                                  ____

       POM-466. A resolution adopted by the Senate of the State of 
     Illinois relative to classifying coal ash as a hazardous 
     waste; to the Committee on Environment and Public Works.
       POM-467. A resolution adopted by the Senate of the General 
     Assembly of the State of Connecticut relative to a regional 
     petroleum supply mechanism; to the Committee on Energy and 
     Natural Resources.

                        Senate Resolution No. 12

       Whereas, a sharp, sustained increase in the price of fuel 
     oil would negatively affect the overall economic well-being 
     of the United States, and such increases have occurred in the 
     winters of 1983-1984, 1988-1989 and 1999-2000; and
       Whereas, the United States currently imports roughly fifty-
     five per cent of its oil; and
       Whereas, the heating oil price increases disproportionately 
     harm the poor and the elderly; and

[[Page S3022]]

       Whereas, the global oil market is often greatly influenced 
     by nonmarket-based supply manipulation, including price 
     fixing and production quotas; and
       Whereas, according to the June 1998 United States 
     Department of Energy ``Report to Congress on the Feasibility 
     of Establishing a Heating Oil Component to the Strategic 
     Petroleum Reserve'', (1) the use of a government-owned 
     distillate reserve in the Northeast would provide benefits to 
     consumers in the Northeast and to the nation, (2) the federal 
     government would make a profit of forty-six million dollars 
     from drawing down and selling the distillate, (3) consumer 
     savings, including reductions in jet fuel, would total four 
     hundred twenty-five million dollars, (4) there are a number 
     of commercial petroleum storage facilities with available 
     capacity for leasing in the New York/New Jersey area, and (5) 
     it would be cost-effective to keep a federal government 
     stockpile of approximately two million barrels in leased 
     storage in the Northeast, filled by trading some crude oil 
     from the federal government's strategic reserve of oil for 
     the refined product, now, therefore, be it
       Resolved, That the Senate calls upon the United States 
     Congress to create a heating oil reserve located in the 
     Northeast region of the United States to be utilized to 
     stabilize the cost of heating oil for residents of the state; 
     and be it further
       Resolved That the clerk of the Senate cause a copy of this 
     resolution to be sent to the presiding officer of each house 
     of Congress and to each member of the Connecticut 
     congressional delegation.

                          ____________________