[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
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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.
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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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