[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[Senate]
[Pages S10932-S10934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                     GUAM OMNIBUS OPPORTUNITIES ACT

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                      MURKOWSKI AMENDMENT NO. 4334

  Mr. SMITH of New Hampshire (for Mr. Murkowski) proposed an amendment 
to the bill (H.R. 2462) to amend the Organic Act of Guam, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert:

     ``SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO 
                   ACQUIRE EXCESS REAL PROPERTY IN GUAM.

       ``(a) Transfer of Excess Real Property.--(1) Excepts as 
     provided in subsection (d), before screening excess real 
     property located on Guam for further Federal utilization 
     under section 202 of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471, et seq.) (hereinafter 
     the `Property Act'), the Administrator shall notify the 
     Government of Guam that the property is available for 
     transfer pursuant to this section.
       ``(2) If the Government of Guam, within 180 days after 
     receiving notification under paragraph (1), notifies the 
     Administrator that the Government of Guam intends to acquire 
     the property under this section, the Administrator shall 
     transfer such property in accordance with subsection (b). 
     Otherwise, the property shall be screened for further Federal 
     use and then, if there is no other Federal use, shall be 
     disposed of in accordance with the Property Act.
       ``(b) Conditions of Transfer.--(1) Any transfer of excess 
     real property to the Government of Guam may be only for a 
     public purpose and shall be without further consideration.
       ``(2) All transfers of excess real property to the 
     Government of Guam shall be subject to such restrictive 
     covenants as the Administrator, in consultation with the 
     Secretary of Defense, in the case of property reported excess 
     by a military department, determines to be necessary to 
     ensure that (A) the use of the property is compatible with 
     continued military activities on Guam, (B) the use of the 
     property is consistent with the environmental condition of 
     the property; (C) access is available to the United States to 
     conduct any additional environmental remediation or 
     monitoring that may be required; (D) the property is used 
     only for a public purpose and can not be converted to any 
     other use; and (E) to the extent that facilities on the 
     property have been occupied and used by another Federal 
     agency for a minimum of two (2) years, that the transfer to 
     the Government of Guam is subject to the terms and conditions 
     for such use and occupancy.
       ``(3) All transfer of excess real property to the 
     Government of Guam are subject to all otherwise applicable 
     Federal laws, except section 2696 of title 10, United States 
     Code or section 501 of Public Law 100-77 (42 U.S.C. 11411).
       ``(c) Definitions.--For the purposes of this section:
       ``(1) The term `Administrator' means--
       ``(A) the Administrator of General Services; or

[[Page S10933]]

       ``(B) the head of any Federal agency with the authority to 
     dispose of excess real property on Guam.
       ``(2) The term `base closure law' means the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     of 1988 (Public Law 100-526), the Defense Base Closure and 
     Realignment Act of 1990 (Public Law 101-510), or similar base 
     closure authority.
       ``(3) The term `excess real property' means excess property 
     (as that term is defined in section 3 of the Property Act) 
     that is real property and was acquired by the United States 
     prior to enactment of this section.
       ``(4) The term `Guam National Wildlife Refuge' includes 
     those lands within the refuge overlay under the jurisdiction 
     of the Department of Defense, identified as DoD lands in 
     figures 3, on page 74, and as submerged lands in figure 7, on 
     page 78 of the `Final Environmental Assessment for the 
     Proposed Guam National Wildlife Refuge, Territory of Guam, 
     July 1993' to the extent that the Federal Government holds 
     title to such lands.
       ``(5) The term `public purpose' means those public benefit 
     purposes for which the United States may dispose of property 
     pursuant to section 203 of the Property Act, as implemented 
     by the Federal Property Management Regulations (41 CFR 101-
     47) or the specific public benefit uses set forth in section 
     3(c) of the Guam Excess Lands Act (Public Law 103-339, 108 
     Stat. 3116), except that such definition shall not include 
     the transfer of land to an individual or entity for private 
     use other than on a non-discriminatory basis.
       ``(d) Exemptions.--Notwithstanding that such property may 
     be excess real property, the provisions of this section shall 
     not apply--
       ``(1) to real property on Guam that is declared excess by 
     the Department of Defense for the purpose of transferring 
     that property to the Coast Guard;
       ``(2) to real property on Guam that is located within the 
     Guam National Wildlife Refuge, which shall be transferred 
     according to the following procedure:
       ``(A) The Administrator shall notify the Government of Guam 
     and the Fish and Wildlife Service that such property has been 
     declared excess. The Government of Guam and the Fish and 
     Wildlife Service shall have 180 days to engage in discussions 
     toward and agreement providing for the future ownership and 
     management of such real property.
       ``(B) If the parties reach an agreement under paragraph (A) 
     within 180 days after notification of the declaration of 
     excess, the real property shall be transferred and managed in 
     accordance with such agreement: Provided, That such agreement 
     shall be transmitted to the Committee on Energy and Natural 
     Resources of the United States Senate and the appropriate 
     committees of the United States House of Representatives not 
     less than 60 days prior to such transfer and any such 
     transfer shall be subject to the other provisions of 
     this section.
       ``(C) If the parties do not reach an agreement under 
     paragraph (A) within 180 days after notification of the 
     declaration of excess, the Administrator shall provide a 
     report to Congress on the status of the discussions, together 
     with his recommendations on the likelihood of resolution of 
     differences and the comments of the Fish and Wildlife Service 
     and the Government of Guam. If the subject property is under 
     the jurisdiction of a military department, the military 
     department may transfer administrative control over the 
     property to the General Services Administration subject to 
     any terms and conditions applicable to such property. In the 
     event of such a transfer by a military department to the 
     General Services Administration, the Department of Interior 
     shall be responsible for all reasonable costs associated with 
     the custody, accountability and control of such property 
     until final disposition.
       ``(D) If the parties come to agreement prior to 
     congressional action, the real property shall be transferred 
     and managed in accordance with such agreement: Provided, That 
     such agreement shall be transmitted to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the appropriate committees of the United States House of 
     Representatives not less than 60 days prior to such transfer 
     and any such transfer shall be subject to the other 
     provisions of this section.
       ``(E) Absent an agreement on the future ownership and use 
     of the property, such property may not be transferred to 
     another federal agency or out of federal ownership except 
     pursuant to an Act of Congress specifically identifying such 
     property;
       ``(3) to real property described in the Guam Excess Lands 
     Act (P.L. 103-339, 108 Stat. 3116) which shall be disposed of 
     in accordance with such Act;
       ``(4) to real property on Guam that is declared excess as a 
     result of a base closure law; or
       ``(5) to facilities on Guam declared excess by the managing 
     Federal agency for the purpose of transferring the facility 
     to a Federal agency that has occupied the facility for a 
     minimum of two years when the facility is declared excess 
     together with the minimum land or interest therein necessary 
     to support the facility.
       ``(e) Dual Classification Property.--If a parcel of real 
     property on Guam that is declared excess as a result of a 
     base closure law also falls within the boundary of the Guam 
     National Wildlife Refuge, such parcel of property shall be 
     disposed of in accordance with the base closure law.
       ``(f) Authority To Issue Regulations.--The Administrator of 
     General Services, after consultation with the Secretary of 
     Defense and the Secretary of Interior, may issue such 
     regulations as he deems necessary to carry out this section.

     ``SEC. 2. COMPACT IMPACT REPORTS.

       ``Paragraph 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 
     1788) is amended by deleting `President shall report to the 
     Congress with respect to the impact of the Compact on the 
     United States territories and commonwealths and on the State 
     of Hawaii.' and inserting in lieu thereof, `Governor of any 
     of the United States territories or commonwealths or the 
     State of Hawaii may report to the Secretary of the Interior 
     by February 1 of each year with respect to the impacts of the 
     compacts of free association on the Governor's respective 
     jurisdiction. The Secretary of the Interior shall review and 
     forward any such reports to the Congress with the comments of 
     the Administration. The Secretary of the Interior shall, 
     either directly or, subject to available technical assistance 
     funds, through a grant to the affected jurisdiction, provide 
     for a census of Micronesians at intervals no greater than 
     five years from each decennial United States census using 
     generally acceptable statistical methodologies for each of 
     the impact jurisdictions where the Governor requests such 
     assistance, except that the total expenditures to carry out 
     this sentence may not exceed $300,000 in any year.'.

     ``SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS 
                   OF FREE ASSOCIATION.

       ``(a) The freely associated states of the Republic of the 
     Marshall Islands, the Federated States of Micronesia, and the 
     Republic of Palau, respectively, and citizens thereof, shall 
     remain eligible for all Federal programs, grant assistance 
     and services of the United States, to the extent that such 
     programs, grant assistance and services are provided to 
     states and local governments of the United States and 
     residents of such states, for which a freely associated state 
     or its citizens were eligible on October 1, 1999. This 
     eligibility shall continue through the period of negotiations 
     referred to in section 231 of the Compact of Free Association 
     with the Republic of the Marshall Islands and the Federated 
     States of Micronesia, approved in Public Law 99-239, and 
     during consideration by the Congress of legislation submitted 
     by an Executive branch agency as a result of such 
     negotiations.
       ``(b) Section 214(a) of the Housing Community Development 
     Act of 1980 (42 U.S.C. 143a(a)) is amended--
       (1) by striking `or' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting `; or'; and
       (3) by adding at the end the following new paragraph:
       `(7) an alien who is lawfully resident in the United States 
     and its territories and possessions under section 141 of the 
     Compacts of Free Association between the Government of the 
     United States and the Governments of the Marshall Islands, 
     the Federated States of Micronesia (48 U.S.C. 1901 note) and 
     Palau (48 U.S.C. 1931 note) while the applicable section is 
     in effect: Provided, That, within Guam any such alien shall 
     not be entitled to a preference in receiving assistance under 
     this Act over any United States citizen or national resident 
     therein who is otherwise eligible for such assistance.'.''.

                                 ______
                                 

              KORCZAK ZIOLKOWSKI POSTAGE STAMP LEGISLATION

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                   DASCHLE AMENDMENTS NOS. 4335-4337

  Mr. SMITH of New Hampshire (for Mr. Daschle) proposed three 
amendments to the bill (S.Res. 371) expressing the sense of the Senate 
that a commemorative postage stamp should be issued to honor sculptor 
Korczak Ziolkowski:

                           Amendment No. 4335

       Strike paragraphs (1) and (2) of the resolving clause and 
     insert the following:
       (1) the Senate recognizes--
       (A) the admirable efforts of the late Korczak Ziolkowski in 
     designing and creating the Crazy Horse Memorial;
       (B) that the Crazy Horse Memorial represents all North 
     American Indian tribes, and the noble goal of reconciliation 
     between peoples; and
       (C) that the creation of the Crazy Horse Memorial, from its 
     inception, has been accomplished through private sources and 
     without any Federal funding; and
       (2) it is the sense of the Senate that the Citizens' Stamp 
     Advisory Committee should recommend to the Postmaster General 
     that a commemorative postage stamp be issued in honor of 
     sculptor Korczak Ziolkowski and the Crazy Horse Memorial for 
     the 20th anniversary of his death, October 20, 2002.
                                  ____


                           Amendment No. 4336

       Strike the preamble and insert the following:
       Whereas Korczak Ziolkowski was born in Boston, 
     Massachusetts on September 6, 1908, the 31st anniversary of 
     the death of Lakota Sioux leader Crazy Horse;

[[Page S10934]]

       Whereas, although never trained in art or sculpture, 
     Korczak Ziolkowski began a successful studio career in New 
     England as a commissioned sculptor at age 24;
       Whereas Korczak Ziolkowski's marble sculpture of composer 
     and Polish leader Ignace Jan Paderewski won first prize at 
     the 1939 New York World's Fair and prompted Lakota Indian 
     Chiefs to invite Ziolkowski to carve a memorial for Native 
     Americans;
       Whereas in his invitation letter to Korczak Ziolkowski, 
     Chief Henry Standing Bear wrote: ``My fellow chiefs and I 
     would like the white man to know that the red man has great 
     heroes, too.'';
       Whereas in 1939, Korczak Ziolkowski assisted Gutzon Borglum 
     in carving Mount Rushmore;
       Whereas in 1941, Korczak Ziolkowski met with Chief Henry 
     Standing Bear who taught Korczak more about the life of the 
     brave Sioux leader Crazy Horse;
       Whereas at the age of 34, Korczak Ziolkowski temporarily 
     put his sculpting career aside when he volunteered for 
     service in World War II, later landing on Omaha Beach;
       Whereas after the war, Korczak Ziolkowski turned down other 
     sculpting opportunities in order to accept the invitation of 
     Chief Henry Standing Bear and dedicate the rest of his life 
     to carving the Crazy Horse Memorial in the Black Hills of 
     South Dakota;
       Whereas on June 3, 1948, when work was begun on the Crazy 
     Horse Memorial, Korczak Ziolkowski vowed that the memorial 
     would be a nonprofit educational and cultural project, 
     financed solely through private, nongovernmental sources, to 
     honor the Native Americans of North America;
       Whereas the Crazy Horse Memorial is a mountain carving-in-
     progress, and once completed it will be the largest sculpture 
     in the world;
       Whereas since his death on October 20, 1982, Korczak's wife 
     Ruth, the Ziolkowski family, and the Crazy Horse Memorial 
     Foundation have continued to work on the Memorial and to 
     continue the dream of Korczak Ziolkowski and Chief Henry 
     Standing Bear; and
       Whereas on June 3, 1998, the Memorial entered its second 
     half century of progress and heralded a new era of work on 
     the mountain with the completion and dedication of the face 
     of Crazy Horse: Now, therefore, be it
                                  ____


                           Amendment No. 4337

       Amend the title so as to read: ``Resolution expressing the 
     sense of the Senate that a commemorative postage stamp should 
     be issued to honor sculptor Korczak Ziolkowski and the Crazy 
     Horse Memorial.''.
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      MILITARY WORKING DOGS EUTHANIZATION TERMINATION LEGISLATION

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                        ROBB AMENDMENT NO. 4338

  Mr. SMITH of New Hampshire (for Mr. Robb) proposed an amendment to 
the bill (H.R. 5314) to require the immediate termination of the 
Department of Defense practice of euthanizing military working dogs at 
the end of their useful working life and to facilitate the adoption of 
retired military working dogs by law enforcement agencies, former 
handlers of these dogs, and other persons capable of caring for these 
dogs; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. PROMOTION OF ADOPTION OF MILITARY WORKING DOGS.

       (a) Adoption of Military Working Dogs.--Chapter 153 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 2582. Military working dogs: transfer and adoption at 
       end of useful working life

       ``(a) Availability for Adoption.--The Secretary of Defense 
     may make a military working dog of the Department of Defense 
     available for adoption by a person or entity referred to in 
     subsection (c) at the end of the dog's useful working life or 
     when the dog is otherwise excess to the needs of the 
     Department, unless the dog has been determined to be 
     unsuitable for adoption under subsection (b).
       ``(b) Suitability for Adoption.--The decision whether a 
     particular military working dog is suitable or unsuitable for 
     adoption under this section shall be made by the commander of 
     the last unit to which the dog is assigned before being 
     declared excess. The unit commander shall consider the 
     recommendations of the unit's veterinarian in making the 
     decision regarding a dog's adoptability.
       ``(c) Authorized Recipients.--Military working dogs may be 
     adopted under this section by law enforcement agencies, 
     former handlers of these dogs, and other persons capable of 
     humanely caring for these dogs.
       ``(d) Consideration.--The transfer of a military working 
     dog under this section may be without charge to the 
     recipient.
       ``(e) Limitations on Liability for Transferred Dogs.--(1) 
     Notwithstanding any other provision of law, the United States 
     shall not be subject to any suit, claim, demand or action, 
     liability, judgment, cost, or other fee arising out of any 
     claim for personal injury or property damage (including 
     death, illness, or loss of or damage to property or other 
     economic loss) that results from, or is in any manner 
     predicated upon, the act or omission of a former military 
     working dog transferred under this section, including any 
     training provided to the dog while a military working dog.
       ``(2) Notwithstanding any other provision of law, the 
     United States shall not be liable for any veterinary expense 
     associated with a military working dog transferred under this 
     section for a condition of the military working dog before 
     transfer under this section, whether or not such condition is 
     known at the time of transfer under this section.
       ``(f) Annual Report.--The Secretary shall submit to 
     Congress an annual report specifying the number of military 
     working dogs adopted under this section during the preceding 
     year, the number of these dogs currently awaiting adoption, 
     and the number of these dogs euthanized during the preceding 
     year. With respect to each euthanized military working dog, 
     the report shall contain an explanation of the reasons why 
     the dog was euthanized rather than retained for adoption 
     under this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2582. Military working dogs: transfer and adoption at end of useful 
              working life.''.
                                 ______
                                 

               SMALL WATERSHED REHABILITATION ACT OF 1999

                                 ______
                                 

                       HARKIN AMENDMENT NO. 4339

 Mr. SMITH of New Hampshire (for Mr. Harkin) proposed an amendment to 
    the bill (S. 1762) to amend the Watershed Protection and Flood 
  Prevention Act to authorize the Secretary of Agriculture to provide 
  cost share assistance for the rehabilitation of structural measures 
 constructed as part of water resources projects previously funded by 
       the Secretary under such Act or related laws; as follows:

       On page 2, line 5, strike ``1999'' and insert ``2000''.
       On page 8, lines 6 and 7, strike ``no benefit-cost'' and 
     all that follows through ``be required'' and insert ``a 
     benefit-cost ratio greater than 1 shall not be required''.
       On page 8, line 20, after the period, insert the following: 
     ``In establishing a system of approving rehabilitation 
     requests, the Secretary shall give requests made by eligible 
     local organizations for decommissioning as the form of 
     rehabilitation the same priority as requests made by eligible 
     local organizations for other forms of rehabilitation.''.
       On page 8, strike lines 21 through 25 and insert the 
     following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to provide 
     financial and technical assistance under this section--
       ``(1) $10,000,000 for fiscal year 2001;
       ``(2) $10,000,000 for fiscal year 2002;
       ``(3) $15,000,000 for fiscal year 2003;
       ``(4) $25,000,000 for fiscal year 2004; and
       ``(5) $35,000,000 for fiscal year 2005.
       On page 9, line 3, strike ``2000 and 2001'' and insert 
     ``2001 and 2002''.

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