[Congressional Record Volume 146, Number 92 (Monday, July 17, 2000)]
[Senate]
[Pages S7072-S7076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SMITH of New Hampshire (for himself, Mr. Baucus, Mr. 
        Crapo, Mr, Warner, Mr. Graham, Mr. L. Chafee, Mr. Lieberman, 
        Mr. Reid, Mr. Lautenberg, and Mrs. Boxer):
  S. 2878: A bill to commemorate the centennial of the establishment of 
the first national wildlife refuge in the United States on March 14, 
1903, and for other purposes; to the Committee on Environmental and 
Public Works.


  national wildlife refuge system centennial commemoration act of 2000

  Mr. SMITH of New Hampshire. Mr. President, I am proud to come before 
the Senate today to introduce the ``National Wildlife Refuge System 
Centennial Commemoration Act of 2000''. This landmark bill commemorates 
the centennial of the first national wildlife refuge in the United 
States, established on March 14, 1903, by a great man and 
conservationist, President Theodore Roosevelt. By setting aside land at 
Indian River Lagoon on Pelican Island, Florida as a haven for birds, 
President Roosevelt began a conservation legacy known as the National 
Wildlife Refuge System.
  Today, the National Wildlife Refuge System has evolved into the most 
comprehensive system of lands devoted to wildlife protection and 
management in the world--spanning nearly 93 million acres across the 
United States and its territories. By placing special emphasis on 
conservation, our nation's network of refuges ensures the continued 
protection of our wildlife resources, including threatened and 
endangered species, and land areas with significant wildlife-oriented 
recreational, historical and cultural value.
  Currently, there are more than 500 refuges in the United States and 
its territories, providing important habitat for 700 bird species, 220 
mammal species, 250 species of amphibians and reptiles, and over 200 
fish species. The Refuge System also hosts some of our country's 
premiere fisheries, and serves a vital role in the protection of 
threatened and endangered species by preserving their critical 
habitats.
  Approximately 98 percent of the Refuge System land is open to the 
public. Each year, the System attracts more than 34 million visitors to 
participate in a variety of recreational activities that include 
observing and photographing wildlife, fishing, hunting and taking part 
in system-sponsored educational programs. By providing the public with 
an opportunity to participate in these activities, refuges promote a 
sense of appreciation for the natural wonders of this nation and 
emphasize our important role as stewards of these lands.
  The bill that I introduce today marks a milestone in the history of 
conservation and celebrates 100-years of the National Wildlife Refuge 
System on March 14, 2003. The bill commemorates the Refuge System by 
creating a Commission that will oversee the Centennial anniversary and 
promote public awareness and understanding of the importance of refuges 
to our nation. Additionally, the bill directs the Fish and Wildlife 
Service to prepare a long-term plan for the Refuge System that will 
enable the Service to look ahead and determine the future needs and 
priorities of the system network.
  This bill celebrates the legacy of our national refuge lands, and 
recognizes the tireless efforts of numerous dedicated individuals from 
both the private and public sectors who have worked to preserve this 
invaluable national heritage. I encourage my colleagues to show your 
support for the National Wildlife Refuge System by co-sponsoring this 
legislation. I ask unanimous consent to print the text of the bill in 
the appropriate place in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2878

       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 ``National Wildlife Refuge 
     System Centennial Commemoration Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) President Theodore Roosevelt began an American wildlife 
     conservation legacy by establishing the first national 
     wildlife refuge at Indian River Lagoon on Pelican Island, 
     Florida, on March 14, 1903;
       (2) the National Wildlife Refuge System is comprised of 
     more than 93,000,000 acres of Federal land managed by the 
     United States Fish and Wildlife Service in more than 520 
     individual refuges and thousands of Waterfowl Production 
     Areas located in all 50 States and the territories of the 
     United States;
       (3) the System is the only network of Federal land that--
       (A) is dedicated singularly to wildlife conservation; and
       (B) has wildlife-dependent recreation and environmental 
     education as priority public uses;
       (4) the System serves a vital role in the conservation of 
     millions of migratory birds, hundreds of endangered and 
     threatened species, some of the premier fisheries of the 
     United States, marine mammals, and the habitats on which 
     those species depend;
       (5)(A) each year the System provides millions of Americans 
     with opportunities to participate in wildlife-dependent 
     recreation, including hunting, fishing, and wildlife 
     observation; and
       (B) through those activities, Americans develop an 
     appreciation for the natural wonders and wildlife heritage of 
     the United States;
       (6) the occasion of the centennial of the beginning of the 
     System, in 2003, presents a historic opportunity to enhance 
     natural resource stewardship and expand compatible public 
     enjoyment of the national wildlife refuges of the United 
     States; and
       (7) the United States Fish and Wildlife Service--

[[Page S7073]]

       (A) recognizes that the System has a backlog of unmet 
     critical operations and maintenance needs;
       (B) has worked to prioritize those needs; and
       (C) has made efforts to control the extent of the backlog.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the National 
     Wildlife Refuge System Centennial Commission established by 
     section 4.
       (2) System.--The term ``System'' means the National 
     Wildlife Refuge System established by the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.).

     SEC. 4. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Wildlife Refuge System Centennial 
     Commission''.
       (b) Membership.--The Commission shall be composed of the 
     following members:
       (1) The Secretary of the Interior.
       (2) The Director of the United States Fish and Wildlife 
     Service.
       (3) The Executive Director of the National Fish and 
     Wildlife Foundation established by the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3701 et 
     seq.).
       (4) Up to 10 individuals, recommended by the Secretary of 
     the Interior and appointed by the President, who--
       (A) are not officers or employees of the Federal 
     Government; and
       (B) shall be broadly representative of the diverse 
     beneficiaries of the System and have outstanding knowledge or 
     appreciation of wildlife, fisheries, natural resource 
     management, or wildlife-dependent recreation.
       (5) The Chairman and Ranking Member of the Committee on 
     Environment and Public Works of the Senate and the Chairman 
     and Ranking Member of the Committee on Resources of the House 
     of Representatives, who shall be nonvoting members.
       (c) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancies.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (f) Chairperson.--The Secretary of the Interior shall serve 
     as Chairperson of the Commission.

     SEC. 5. DUTIES.

       (a) In General.--The Commission shall--
       (1) develop and carry out, in cooperation with Federal, 
     State, local, and nongovernmental entities (including public 
     and private associations and educational institutions), a 
     plan to commemorate, on March 14, 2003, the centennial of the 
     beginning of the System;
       (2) provide, in cooperation with the entities, host 
     services for conferences on the System and assist in the 
     activities of the conferences; 
       (3) make recommendations to the Secretary of the Interior 
     concerning the long-term plan for the System required under 
     section 9; and
       (4) make recommendations to the Secretary of the Interior 
     concerning measures that can be taken to enhance natural 
     resources stewardship and expand compatible public enjoyment 
     of the System.
       (b) Reports to Congress.--
       (1) Annual reports.--Not later than December 31 of the 
     first calendar year that begins after the date on which the 
     Commission holds its initial meeting, and December 31 of each 
     calendar year thereafter through 2003, the Commission shall 
     submit to the Committee on Environment and Public Works of 
     the Senate and the Committee on Resources of the House of 
     Representatives a report on the activities and plans of the 
     Commission.
       (2) Final report.--Not later than December 31, 2004, the 
     Commission shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on Resources of 
     the House of Representatives a final report on the activities 
     of the Commission, including an accounting of all funds 
     received and expended by the Commission.

     SEC. 6. POWERS.

       (a) Meetings.--The Commission may hold such meetings, 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.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (c) Financial and Administrative Services.--Subject to 
     subsection (e)(2), the Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, shall provide to the Commission financial and 
     administrative services (including services relating to 
     budgeting, accounting, financial reporting, personnel, and 
     procurement).
       (d) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (e) Gifts.--
       (1) Acceptance.--The Commission may accept, use, and 
     dispose of gifts or donations of services or property to 
     carry out this Act.
       (2) Administration of funds.--The National Fish and 
     Wildlife Foundation shall administer, on behalf of the 
     Commission, any gifts of funds received under paragraph (1) 
     in accordance with the rules and procedures of the 
     Foundation.
       (f) Applicable Law.--Federal laws (including regulations) 
     governing procurement by Federal agencies shall not apply to 
     the Commission, except for laws (including regulations) 
     concerning working conditions, wage rates, and civil rights.

     SEC. 7. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--A member of the Commission 
     shall serve without compensation for the services of the 
     member to the Commission.
       (b) Staff.--
       (1) Executive director.--The Chief of the National Wildlife 
     Refuge System of the United States Fish and Wildlife Service 
     shall serve as the Executive Director of the Commission.
       (2) Other personnel.--The Chairperson of the Commission 
     may, without regard to the civil service laws (including 
     regulations), appoint and terminate such personnel as are 
     necessary to enable the Commission to perform the duties of 
     the Commission.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the personnel appointed under paragraph (2) 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.
       (B) Maximum rate of pay.--The rate of pay for the personnel 
     appointed under paragraph (2) shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (c) Travel Expenses.--Each member, the Executive Director, 
     and other personnel of the Commission shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for an employee of an agency under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     the home or regular place of business of the individual in 
     the performance of the duties of the Commission.

     SEC. 8. TERMINATION OF COMMISSION.

       (a) Date.--The Commission shall terminate 90 days after the 
     date on which the Commission submits the report of the 
     Commission under section 5(b)(2).
       (b) Disposition of Commission Property.--
       (1) Memorabilia.--On termination of the Commission and 
     after consultation with the Archivist of the United States 
     and the Secretary of the Smithsonian Institution, the 
     Executive Director may--
       (A) deposit all books, manuscripts, miscellaneous printed 
     matter, memorabilia, relics, and other similar materials of 
     the Commission relating to the centennial of the beginning of 
     the System in a Federal, State, or local library or museum; 
     or
       (B) make other disposition of such materials.
       (2) Other property.--The Executive Director may--
       (A) use property that is acquired by the Commission and 
     remains on termination of the Commission (other than property 
     described in paragraph (1)) for the purposes of the System; 
     or
       (B) dispose of such property as excess or surplus property.

     SEC. 9. LONG-TERM PLAN FOR SYSTEM.

       After taking into consideration the recommendations of the 
     Commission under section 5(a)(3), the Secretary of the 
     Interior shall develop a long-term plan for the System to 
     address--
       (1) the priority staffing and operational needs as 
     determined through--
       (A) the refuge operating needs system; and
       (B) comprehensive conservation plans for refuges required 
     under section 4(e) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(e));
       (2) the priority maintenance and construction needs as 
     identified in the maintenance management system, the 5-year 
     deferred maintenance list, and the 5-year construction list, 
     developed by the Secretary of the Interior; and
       (3) any transition costs as identified by the Secretary of 
     the Interior in conducting analyses of newly acquired refuge 
     lands.

     SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REFUGE.

       (a) In General.--Congress designates 2003 as the ``Year of 
     the Wildlife Refuge''.
       (b) Proclamation.--Congress requests the President to issue 
     a proclamation calling on the people of the United States to 
     celebrate the Year of the Wildlife Refuge with appropriate 
     ceremonies and programs.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     activities of the Commission under this Act--
       (1) $100,000 for fiscal year 2001; and
       (2) $250,000 for each of fiscal years 2002 through 2004.

  Mr. BAUCUS. Mr. President, I am pleased to join Chairman Smith and

[[Page S7074]]

others to introduce the ``National Wildlife Refuge System Centennial 
Commemoration Act of 2000.''
  First established by that great conservation leader, President 
Theodore Roosevelt in 1903, the National Wildlife Refuge System has 
grown today to be the premier system of reserves for the conservation 
of wildlife habitat and biological diversity in the world.
  There are more than 500 refuges today, supporting over 1500 
vertebrate species and thousands of species of plants. Open to the 
public, these refuges are the focal point of thousands of visitors each 
year that participate in wildlife viewing, photography, hunting, 
fishing or biking. They are places where families go to introduce 
youngsters to nature and to teach them the meaning of stewardship.
  In some cases, refuges provide the last habitats for endangered 
species. In all cases, the nearly 93 million acres in the National 
Wildlife Refuge system provide special places for wildlife, fish, 
plants and people. These lands provide a buffer against ever-increasing 
development and are reserved for future generations to enjoy and learn 
from.
  In Montana, we have seven National Wildlife Refuges including the 
2,800 acre Lee Metcalf Refuge, the 15,500 acre Bowdoin National 
Wildlife Refuge in the Central Flyway, and the National Bison Range, 
originally set aside to protect the last of the great bison herds.
  Mr. President, the bill that we are introducing today will celebrate 
the last 100 years of the National Wildlife Refuge System on Mary 14, 
2003. In addition, the bill establishes a commission to look ahead and 
plan for the future, including a review of the backlog of maintenance 
needs at our refuges. It is my hope that this bill will increase public 
awareness and understanding of these national treasures.
  I encourage my colleagues to support this bill.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mr. Breaux, Mr. Abraham, Mr. 
        Bunning, and Mr. Craig)
  S. 2879. A bill to amend the Public Health Service Act to establish 
programs and activities to address diabetes in children and youth, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.


             PEDIATRIC DIABETES RESEARCH AND PREVENTION ACT

  Ms. COLLINS. Mr. President, today, on behalf of myself, Senator 
Breaux, and Senator Abraham, I am pleased to introduce the Pediatric 
Diabetes Research and Prevention Act. Both Senator Breaux and Senator 
Abraham have been leaders in the fight against diabetes.
  Our legislation will help us reduce the tremendous toll that diabetes 
takes on our Nation's children and young people. Diabetes is a 
devastating, lifelong condition that affects people of every age, race, 
and nationality.
  Sixteen million Americans suffer from diabetes, and about 800,000 new 
cases are diagnosed each year. It is one of our nation's most costly 
diseases in both human and economic terms. Diabetes is the leading 
cause of kidney failure, blindness in adults, and amputations not 
related to injury. It is a major risk factor for heart disease and 
stroke and shortens life expectancy up to 15 years. Moreover, diabetes 
costs our nation more than $105 billion a year in health-related 
expenditures. More than one out of every ten health care dollars and 
about one out of four Medicare dollars are spent on people with 
diabetes.
  Unfortunately, there is no method to prevent or cure diabetes, and 
available treatments have only limited success in controlling its 
devastating consequences. The burden of diabetes is particularly heavy 
for children and young adults with type I, or insulin dependent 
diabetes, also known as juvenile diabetes. In type I diabetes, the 
immune system attacks the insulin-producing beta cell in the pancreas 
and destroys them. As a consequence, the pancreas produces little or no 
insulin. Juvenile diabetes is the second most common chronic disease 
affecting children. Moreover, it is one that they never outgrow.
  As the founder of the Senate Diabetes Caucus, I have met many 
children with diabetes who face a daily struggle to keep their blood 
glucose levels under control: kids like nine-year-old Nathan Reynolds, 
an active young boy from North Yarmouth who was Maine's delegate to the 
Juvenile Diabetes Foundation's Children's Congress last year. Nathan 
was diagnosed with diabetes in December of 1997, which forced him to 
change both his life and his family's life. He has learned how to take 
his blood--something his four-year-old brother reminds him to do before 
every meal--check his blood sugar level, and give himself an insulin 
shot on his own, sometimes with the help of his parents or his school 
nurse. Nathan told me that his greatest wish was that, just once, he 
could take a ``day off'' from his diabetes.
  The sad fact is that children like Nathan with diabetes can never 
take a day off from their disease. There is no holiday from dealing 
with their diabetes. They face a lifetime of multiple daily finger 
pricks to check their blood sugar levels and daily insulin shots. 
Moreover, insulin is not a cure for diabetes, and it does not prevent 
the onset of serious complications. As a consequence, children like 
Nathan also face the possibility of lifelong disabling complications, 
such as kidney failure and blindness.
  Reducing the health and human burden of diabetes as well as its 
enormous economic impact depends upon identifying the factors 
responsible for the disease and developing new methods for prevention, 
better treatment, and ultimately a cure. The Pediatric Diabetes 
Research and Prevention Act, which I am introducing today, will do just 
that.
  One of the most important actions we can take is to establish a type 
I diabetes monitoring system. Currently, there is no way to track the 
incidence of type I diabetes across the country. As a consequence, the 
estimates for the number of people with type I diabetes from the 
American Diabetes Association, the Juvenile Diabetes Foundation, the 
Centers for Disease Control and Prevention, and the National Institutes 
of Health vary enormously--from 123,000 to over 1.5 million, a 13-fold 
variation.
  According to noted epidemiologist Alex Languimer, ``Good monitoring 
does not necessarily ensure the making of right decisions, but it does 
reduce the risk of wrong ones.'' One of the best ways to define the 
prevalence and incidence of a disease, as well as to characterize and 
study populations, is to establish a registry specific to that disease. 
The bill I am introducing today directs the Secretary of Health and 
Human Services (HHS), acting through the Centers for Disease Control 
and Prevention (CDC), to create a National Registry on Juvenile 
Diabetes so that we can develop a national database on type I diabetes, 
including information about incidence and prevalence. The Secretary 
would also be directed to establish an advisory board of 
epidemiologists, clinicians, ethicists, patients and others to help 
guide this effort.
  Obesity and inadequate physical activity--both major problems in the 
United States today--are important risk factors for type 2, or non-
insulin dependent diabetes. Unfortunately, obesity is a significant and 
growing problem among children in the United States, which has led to a 
disturbing increase in the incidence of type 2 diabetes among young 
people. This is particularly alarming since type 2 diabetes has long 
been considered an ``adult'' disease. Nearly all of the documented 
cases of type 2 diabetes in young people have occurred in obese 
children, who are also at increased risk for the complications 
associated with the disease. Moreover, these complications will likely 
develop at an earlier age than if these children had developed type 2 
diabetes as adults.

  The Pediatric Diabetes Research and Prevention Act will direct the 
Secretary of HHS to implement a national public health effort to 
address type 2 diabetes among children, including: 1) enhanced 
surveillance systems and expanded research to better assess the 
prevalence of type 2 diabetes in young people and determine the extent 
to which type 2 diabetes is incorrectly diagnosed as type 1 diabetes 
among children; 2) assistance to States to establish coordinated school 
health programs and physical activity and nutrition demonstration 
projects to control

[[Page S7075]]

weight and to increase physical activity among school children; and 3) 
development and improvement of laboratory methods to assist in 
diagnosis, treatment, and prevention of diabetes.
  In addition, the Collins, Breaux, Abraham legislation calls for long-
term studies of persons with type 1 diabetes at the National Institutes 
of Health (NIH) where these individuals will be followed for 10 years 
or more. These long-term studies will examine disease manifestations, 
medical histories, environmental factors, development of complications, 
and other factors. This long-term analysis of type 1 diabetes will 
provide an invaluable basis for the identification of potential 
environmental triggers thought to precipitate the disease. It will also 
provide for the delineation of clinical characteristics or lab measures 
associated with the complications of diabetes as well as help to 
identify a potential study population for clinical trials.
  Type 1 diabetes is considered an autoimmune disease, which results 
when the body's system for fighting infection turns against a part of 
the body. A variety of promising new approaches to treatment and 
prevention of autoimmune responses are currently under development. For 
the most part, however, these studies are conducted in adult 
populations. Moreover, at present, there is an insufficient 
infrastructure to conduct the clinical trials necessary to take 
advantage of new therapeutic approaches.
  The Pediatric Diabetes Research and Prevention Act directs the 
Secretary of HHS, acting through the Director of the NIH, to support 
regional clinical centers for the cure of type 1 diabetes and through 
these centers, provides for: (1) a population of children appropriate 
for study; (2) well-trained clinical scientists able to conduct such 
trials; (3) appropriate clinical settings to house these studies; and 
(4) appropriate statistical capability, data, safety and other 
monitoring capacity.
  And finally, the legislation directs the Secretary of HHS to provide 
for a national effort to develop a vaccine for type 1 diabetes. Animal 
studies suggest great promise for the development of a new vaccine to 
prevent type 1 diabetes in humans. The Pediatric Diabetes Research and 
Prevention Act provides for a combination of increased efforts in 
research and development of candidate vaccines, coupled with an 
enhanced ability to conduct large clinical trials in children.
  The Pediatric Diabetes Research and Prevention Act will help us to 
better understand and ultimately conquer this disease which has had 
such a devastating impact on millions of American children and their 
families. I urge all of my colleagues to join me in cosponsoring this 
important legislation.
  Mr. CRAIG. Mr. President, will the Senator yield to me?
  Ms. COLLINS. I am happy to yield to the Senator from Idaho.
  Mr. CRAIG. Mr. President, I thank the Senator from Maine, and I want 
to recognize her leadership in this area.
  In the last couple of years, I have begun to focus my attention on 
childhood type 1 diabetes. What the Senator from Maine is offering 
today is clearly moving us well in advance.
  I ask the Senator to allow me to be a sponsor of her legislation.
  The Senator's effort struck a particularly loud chord with me, 
because it was exactly one year ago today that the Senate and I lost a 
friend and colleague, Ken Foss, related to his diabetes.
  This Senate and this Congress should focus on diabetes, as we have 
cancer and other health areas in our country, to move more quickly 
toward a cure.
  The Senator is so right in recognizing we have already moved a long 
way and there is a great deal known. My rather limited reading suggests 
that the great push forward might well break us into those areas of 
remedy, at least for type 1, and there is a great deal of work going 
on. My congratulations to the Senator for her leadership in that area. 
I stand to help in any way I can.
  Ms. COLLINS. Mr. President, I very much appreciate the kind, 
supportive words from my colleague. I am very honored to add him as a 
cosponsor of my bill.
                                 ______
                                 
      By Mr. CONRAD (for himself and Mr. Dorgan):
  S. 2880. A bill to provide construction assistance for a project for 
a water transmission line from the Missouri River to the city of 
Williston, North Dakota; to the Committee on Environment and Public 
Works.


    construction assistance water project in williston, north dakota

                 the williston water transmission line

  Mr. CONRAD. Mr. President, I rise today to introduce legislation to 
authorize the Army Corps of Engineers to construct a new water 
transmission line from the Missouri River to the city of Williston. 
This project is very important to the reliability of the water supply 
for the residents of Williston and is needed to mitigate long-term 
consequences from construction of the Garrison Dam.
  The construction of the Garrison Dam and creation of Lake Sakakawea 
by the Corps forced the city of Williston to relocate its water intake 
and treatment plant to its present location approximately five miles 
upstream of the city. As a requirement of the new location, a large-
diameter transmission line was constructed to convey the entire city's 
water supply from the treatment plant to the city.
  All of the water for the city's residents and businesses must flow 
through this single transmission line. As a result, the existing 
transmission line is the only link between the water treatment plant 
and the city's water distribution system.
  The existing transmission line has been in service for nearly 40 
years with limited maintenance to date in part because the line runs 
through an area near the river that has become super-saturated due to 
the rising water table behind the dam. As the transmission line 
continues to age, it has become susceptible to failures, as 
demonstrated in April 1998.
  On April 8, 1998, maintenance crews discovered a major leak in the 
transmission line near the water treatment plant. City officials 
immediately alerted residents of the problem and imposed water 
restrictions to essential water uses only. Through an emergency 
declaration, the National Guard was enlisted to install an overland 
pipeline to help provide temporary water for the city. The high water 
table from Lake Sakakawea made repairs difficult with extensive pumping 
and dewatering procedures needed to locate and fix the broken pipeline. 
It took more than two weeks to make the necessary repairs. If the 
failure had occurred during the winter, repairs and temporary water 
service would have been almost impossible to provide. This experience 
supports the need for Williston to have a second transmission line from 
the water treatment plant to the city's water distribution system.
  The bill I am introducing today will authorize the Corps to construct 
a new transmission line. The city has identified a new route for the 
line that provides improved access, avoids unstable site conditions, 
provides potential service for future industrial sites, while 
minimizing the length and cost of the new transmission line.
  Mr. President, I believe the Federal government has a responsibility 
to assist communities mitigate the adverse consequences resulting from 
the construction of the Garrison Dam and creation of Lake Sakakawea. 
The Corps of Engineers built the Garrison Dam which resulted in the 
need for this project, and in my view the Corps should be responsible 
for addressing the unintended consequences of building that dam. This 
bill will help the Federal government live up to its responsibility and 
ensure that the residents of Williston have a reliable water supply. I 
urge my colleagues to review this legislation quickly so we can pass it 
this year, before there is another disruption to the city's water 
supply.
                                 ______
                                 
      By Mr. SMITH of Oregon (for himself and Mr. Wyden):
  S. 2882. A bill to authorize Bureau of Reclamation to conduct certain 
feasibility studies to augment water supplies for the Klamath Project, 
Oregon and California, and for other purposes; to the Committee on 
Energy and Natural Resources.


         the klamath basin water supply enhancement act of 2000

  Mr. SMITH of Oregon. Mr. President, today I am introducing 
legislation, cosponsored by my colleague Mr. Wyden, to authorize the 
Bureau of Reclamation, an agency of the Department of

[[Page S7076]]

the Interior, to conduct feasibility studies in the Klamath basin.
  The Klamath Project in Oregon and California is one of the earliest 
federal reclamation projects. The Secretary of the Interior authorized 
development of the project on May 15, 1905, under provisions of the 
Reclamation Act of 1902. The project irrigates over 200,000 acres of 
farmland in south-central Oregon and north-central California. The two 
main sources of water supply for the project are Upper Klamath Lake and 
the Klamath River, as well as Clear Lake Reservoir, Gerber Reservoir, 
and Lost River, which are located in a closed basin. The total drainage 
area is approximately 5,700 square miles. The Klamath River is subject 
to an interstate compact between the States of Oregon and California.
  There are also several wildlife refuges in the basin that are an 
important part of the western flyway. There are listed suckers in Upper 
Klamath Lake that require the lake to be maintained at certain levels 
throughout the summer. There are also salmon in the Klamath River for 
which federal agencies are seeking additional flow. It is my 
understanding that there will be significant additional flow 
requirements next year.
  The Upper Basin has not been adjudicated by the State of Oregon, 
which is trying to use an alternative process to formal adjudication. 
The tribes in the basin are also seeking a resolution of their water 
rights claims.
  In recent years, there has been growing concern about meeting the 
competing needs of various water uses in the Basin, including the needs 
of the farmers, the fish, the tribes and the wildlife refuges. There is 
a consensus in the basin about the need to increase overall water 
supplies in order to meet these growing needs and enhance the 
environment.
  The bill I am introducing today is an effort to build on this 
consensus. I have discussed the concepts in this bill with a number of 
the stakeholders in the Upper Basin, and I am committed to a 
legislative process that will consider the views of the various 
interest groups in the basin. I know that there will be other issues 
that stakeholders will want considered, and I will endeavor to do so.
  I believe it is vitally important, however, that we take the first 
step to enable the Department of the Interior to study ways to improve 
both the water quality and the water quantity in the Upper Klamath 
basin. There is significant private irrigation in the Upper Basin as 
well, and I am committed to a process that includes these water users 
as well.
                                 ______
                                 
      By Mr. CRAPO (for himself, Mr. Smith of New Hampshire, Mr. 
        Hutchinson, Mr. Craig, Mr. Shelby, Mr. Coverdell, Mr. Enzi, Mr. 
        Gramm, and Mr. Inhofe):
  S.J. Res. 50. A joint resolution to disapprove a final rule 
promulgated by the Environmental Protection Agency concerning water 
pollution; to the Committee on Environment and Public Works.


 disapproving a final rule promulgated by the environmental protection 
                   agency concerning water pollution

 Mr. CRAPO. Mr. President, I rise today to introduce a joint 
resolution, co-sponsored by Senators Bob Smith, Hutchinson, Craig, 
Shelby, Coverdell, Enzi, Gramm, and Inhofe, revoking the Environmental 
Protection Agency's (EPA) rule on Total Maximum Daily Loads under the 
Clean Water Act.
  I strongly support the EPA's goal of cleaning up our nation's water 
bodies but disagree with its approach. We must accelerate cleanup of 
our rivers, lakes, and streams; unfortunately, the EPA's rule will not 
accomplish that goal. In fact, the EPA's hastily completed rule will 
divert billions of dollars from programs that are working to an 
unreasonable, prohibitively-expensive, and technically-unworkable 
program.
  Since the EPA's draft TMDL rule was first published in August 1999, 
many stakeholders including states, industry, environmental 
organizations, the public, and Congress have all raised serious 
concerns. The EPA received over 34,000 public comments, most 
overwhelmingly in opposition to the rule. Twenty public forums were 
conducted; again, sentiments ran overwhelmingly in opposition to the 
EPA's rule. Twelve congressional hearings were held, revealing that the 
proposal is unreasonable and unworkable. The National Governors' 
Association denounced the rule as an inflexible, unfunded mandate that 
will eliminate opportunities to reduce overall pollution. In a May 19 
letter, six environmental groups urged the EPA to ``withdraw the 
current version of the proposed rule, which is so fundamentally flawed 
that it would weaken the existing TMDL program.''
  When it became clear that the EPA was ignoring concerns and 
proceeding to fast-track its rule, even in the fact of such serious 
opposition, Congress, rightly, exercised its oversight responsibility 
by including specific language in the Fiscal Year 2001 Military 
Construction Supplemental Appropriations bill to prevent finalization 
of the rule. Similar language was also passed by the House in the FY 
2001 VA-HUM-Independent Agencies Appropriations bill. In clear defiance 
of Congress, the EPA promulgated the rule on July 11, 2000.
  The Congressional Review Act, 5 U.S.C. 801-808 provides for expedited 
congressional review of agency rulemaking; specially, Section 802 
provides a legislative procedure by which Congress can disapprove an 
agency's rule. This congressional review statute was approved in the 
104th Congress for situations just such as this to reserve to Congress 
a mechanism for exercising its agency oversight responsibility.
  It is important that we work to develop a program that will enhance, 
not hinder, our cleanup efforts. Repeatedly, the EPA was urged to 
repropose a rule that will accomplish our goal of more clean water more 
quickly; revoking the hurriedly completed rule will allow the EPA to 
focus its efforts on a program that will actually achieve the goals of 
the Clean Water Act. I urge my colleagues to join me in opposing the 
EPA's efforts to circumvent Congress and encouraging it to develop an 
effective proposal in collaboration with the public.

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