[Congressional Record Volume 161, Number 57 (Monday, April 20, 2015)]
[Senate]
[Pages S2270-S2272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                        PETITIONS AND MEMORIALS

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

       POM-11. A joint resolution adopted by the Legislature of 
     the State of Nevada urging the United States Congress to 
     facilitate the payment of contractors who completed hazardous 
     fuels treatment projects in the Lake Tahoe Basin pursuant to 
     contracts with the Nevada Fire Safe Council; to the Committee 
     on Energy and Natural Resources.

                    Assembly Joint Resolution No. 3

       Whereas, In 1999, Northern Nevada experienced one of the 
     worst wildfire years on record, with more than 1.6 million 
     acres burned and significant economic and environmental 
     impacts; and
       Whereas, In the spring of 1999, a resolution was approved 
     at Nevada's first comprehensive fire conference, known as the 
     ``Living With Fire Forum,'' which urged the establishment of 
     a statewide council to provide support to make homes, 
     neighborhoods and communities in Nevada safe from fire; and
       Whereas, The Nevada Fire Safe Council was formed as a 
     domestic nonprofit corporation on December 10, 1999, and 
     received appropriations from the Nevada Legislature in 2005 
     and 2007 to administer a community-based wildfire threat 
     reduction program; and
       Whereas, By March 2007, the Council had grown to include 60 
     affiliated chapters and 3,515 members; and
       Whereas, The Angora Fire in the summer of 2007 burned more 
     than 250 structures on private property and more than 3,000 
     acres in the Lake Tahoe Basin, and further amplified the 
     existing need for mitigation work to reduce the threat of 
     wildfire in communities; and
       Whereas, Between 2008 and 2012, the Council was awarded 
     over $21 million in federal reimbursement grants to be used 
     to pay public and private entities for the completion of 
     hazardous fuels treatment projects; and
       Whereas, In July 2011, the Office of Inspector General of 
     the United States Department of Agriculture initiated an 
     audit of the Council's records after receiving a complaint on 
     its hotline alleging that the Council was awarding certain 
     contracts in a noncompetitive manner; and
       Whereas, The audit report issued by the Inspector General 
     in January 2012 indicated various accounting irregularities 
     in the Council's administration of the federal reimbursement 
     grant money and resulted in the freezing of reimbursement 
     payments of that grant money for completed projects until the 
     accounting deficiencies were corrected; and
       Whereas, In November 2012, the Council filed for bankruptcy 
     and ceased operations; and
       Whereas, As a result of the freezing of reimbursement 
     payments and the Council's bankruptcy, various public and 
     private entities that had completed hazardous fuels treatment 
     projects in the Lake Tahoe Basin pursuant to agreements with 
     the Council have not been paid for their services, which has 
     caused significant economic hardship to those entities; and
       Whereas, On March 20, 2014, California Assemblyman Brian 
     Dahle and his staff were joined by staff from the offices of 
     United States Representatives Doug LaMalfa and Tom McClintock 
     to share their concerns about the outstanding debts of the 
     Council and to explore solutions with Nevada's Legislative 
     Committee for the Review and Oversight of the Tahoe Regional 
     Planning Agency and the Marlette Lake Water System: Now, 
     therefore, be it
       Resolved by the Assembly and Senate of the State of Nevada, 
     Jointly, That the members of the 78th Session of the Nevada 
     Legislature hereby urge Congress to facilitate the payment of 
     contractors who completed hazardous fuels treatment projects 
     in the Lake Tahoe Basin pursuant to contracts with the Nevada 
     Fire Safe Council and be it further
       Resolved, That the Chief Clerk of the Assembly prepare and 
     transmit a copy of this resolution to the Attorney General of 
     the United States, the Chief of the United States Forest 
     Service, the Director of the Bureau of Land Management, the 
     Vice President of the United States as the presiding officer 
     of the United States Senate, the Speaker of the House of 
     Representatives and each member of the Nevada Congressional 
     Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-12. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     provide full long-term funding for the Payment in Lieu of 
     Taxes program and to reauthorize Secure Rural Schools and 
     Community Self-Determination Act funding; to the Committee on 
     Energy and Natural Resources.

                    Senate Concurrent Memorial 1010

       Whereas, the State of Arizona is composed of 113,417 square 
     miles of land, of which 17% is managed by the Bureau of Land 
     Management 15% is managed by the United States Forest 
     Service, 2% is managed by the United States Fish and Wildlife 
     Service, 4% is managed by the National Park Service, 4% is 
     military land and 28% is tribal land. Thus, much of the land 
     in Arizona is unavailable for economic development and is not 
     part of the property tax base; and
       Whereas, counties are required to provide law enforcement, 
     search and rescue, emergency services, road building and 
     maintenance, and other community services on, or associated 
     with, tax-exempt federally managed public lands; and
       Whereas, the Payment in Lieu of Taxes (PILT) program was 
     established in 1976 to offset costs incurred by counties for 
     services provided to the federal government and to the users 
     of federally managed lands located within a county; and
       Whereas, the national average PILT payment in fiscal year 
     2014 was $0.72 per acre, which is far below the amount that 
     federally managed lands would return through both value-based 
     taxation and economic development; and
       Whereas, Congress has been unable to pass a long-term 
     funding solution for the PILT program since 2008 and has 
     instead passed last-minute one-year extensions, causing great 
     uncertainty about county finances and services as well as 
     rural school funding; and
       Whereas, funding for fiscal year 2015 PILT was included in 
     the Consolidated and Further Continuing Appropriations Act 
     and the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act, totaling $442 million, but the 
     fate of fiscal year 2016 and future years is still unknown; 
     and
       Whereas, a lack of certainty for PILT funding places the 
     large, unsustainable burden of providing services on 
     federally managed lands squarely on the backs of local county 
     taxpayers, while the presence of that federally managed land 
     creates barriers to economic opportunities; and
       Whereas, rural communities and schools in and around 
     national forests have historically relied on a share of 
     receipts from timber harvests to support education services 
     and roads; and
       Whereas, in the 1980s, federal restrictions substantially 
     diminished the revenue-generating timber harvests permitted 
     in these forests; and
       Whereas, the Secure Rural Schools and Community Self-
     Determination Act (SRS) was passed in 2000 to stabilize and 
     transition payments to counties and schools away from the 
     declining and unreliable share of timber sales; and
       Whereas, the failure of Congress to honor the more than 
     100-year-old contract between the federal government and 
     heavily forested communities by not reauthorizing SRS funding 
     for fiscal years 2014 and 2015 will create budgetary 
     shortfalls for rural counties and school districts; and
       Whereas, failure to immediately secure SRS funding for 
     fiscal years 2014 and 2015 and PILT funding for fiscal year 
     2016 and into the future for Arizona counties will critically 
     impact the local budget process and structural solvency of 
     counties and the public school systems and will substantially 
     compromise their ability to provide essential services, such 
     as health, safety and welfare; and
       Whereas, the federal government has the duty to reimburse 
     local jurisdictions for the presence of federally managed 
     public lands in a reliable and consistent manner.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the United States Congress provide full long-term 
     funding for the PILT program to help create financial 
     stability within Arizona's counties.
       2. That the United States Congress immediately reauthorize 
     SRS funding for fiscal years 2014 and 2015 and work toward a 
     long-term solution.
       3. That the United States Congress work with the State of 
     Arizona and county governments to identify and implement 
     policies to promote economic development on, or associated 
     with, federally managed lands.
       4. That the Secretary of State of the State of Arizona 
     transmit a copy of this Memorial to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives and 
     each Member of Congress from the State of Arizona.
                                  ____

       POM-13. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     enact legislation exempting United States military bases from 
     the regulations and restrictions of the Endangered Species 
     Act; to the Committee on Environment and Public Works.

                    Senate Concurrent Memorial 1009

       Whereas, the mission of the United States Department of 
     Defense is ``to provide the military forces needed to deter 
     war and to protect the security of our country''; and
       Whereas, according to the Department of Defense and the 
     Government Accountability Office (GAO), a fundamental 
     principle of military readiness is that the military must 
     train as it intends to fight; and
       Whereas, the Department of Defense has established military 
     training facilities in Arizona, including Fort Huachuca, 
     Davis-Monthan Air Force Base, Luke Air Force Base and the 
     Barry M. Goldwater range, among others, to accomplish this 
     goal; and
       Whereas, Department of Defense officials indicate that 
     heightened focus on the application of environmental statutes 
     has affected the use of its training areas; and
       Whereas, compliance with environmental regulations, 
     especially the Endangered Species Act (ESA), has caused some 
     training activities to be canceled, postponed or modified; 
     and
       Whereas, compliance with environmental regulations, 
     particularly the ESA, has forced military officials to make 
     adjustments to training regimens, including requiring units

[[Page S2271]]

     in training to avoid areas with ESA restrictions; and
       Whereas, since 2003, the Department of Defense has obtained 
     exemptions from three environmental laws and sought 
     exemptions from three others; and
       Whereas, these exemptions allow the military to maintain 
     its high state of readiness and help to ensure its ability to 
     meet unexpected threats; and
       Whereas, these exemptions are under increased scrutiny by 
     environmental groups and federal officials who would rather 
     protect wildlife than allow the military to maintain its 
     readiness; and
       Whereas, a GAO report found no instances in which the 
     Department of Defense's use of exemptions from the ESA or the 
     Migratory Bird Treaty Act has adversely affected the 
     environment; and
       Whereas, the United States military has proven itself to be 
     a responsible and effective steward of the land and 
     environment.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the United States Congress enact legislation 
     exempting United States military bases and training 
     facilities from the regulations and restrictions of the 
     Endangered Species Act.
       2. That the Secretary of State of the State of Arizona 
     transmit a copy of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-14. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     enact the 21st Century Endangered Species Transparency Act; 
     to the Committee on Environment and Public Works.

                    Senate Concurrent Memorial 1012

       Whereas, when the Endangered Species Act (ESA) was 
     originally enacted in 1973, the framers and supporters of the 
     ESA envisioned a law that would protect species believed to 
     be on the brink of extinction; and
       Whereas, at that time, 109 species were listed for 
     protection; and
       Whereas, today, over 1,500 species in the United States are 
     designated as threatened or endangered under the ESA; and
       Whereas, as a result of a 2011 mega-settlement between the 
     United States Fish and Wildlife Service and environmental 
     litigants, hundreds more species could be added within the 
     next two years; and
       Whereas, the ESA is failing to achieve its primary purpose 
     of species recovery as it has only a 2% recovery rate; and
       Whereas, the ESA was last amended in 1988, which means 27 
     years have passed since any improvements have been made; and
       Whereas, the 21st Century Endangered Species Transparency 
     Act would require that data used by federal agencies for ESA 
     listing decisions be made publicly available and accessible 
     through the Internet, while respecting state data privacy 
     laws and private property; and
       Whereas, the 21st Century Endangered Species Transparency 
     Act would require the federal government to disclose to 
     affected states data used prior to an ESA listing decision 
     and require the ``best available scientific and commercial 
     data'' used by the federal government to incorporate data 
     provided by states, tribes and local county governments; and
       Whereas, the 21st Century Endangered Species Transparency 
     Act would require the United States Fish and Wildlife Service 
     to track, report to Congress and make available online the 
     federal taxpayer funds used to respond to ESA lawsuits, the 
     number of employees dedicated to ESA litigation and the 
     amount of attorney fees awarded in the course of ESA 
     litigation and settlement agreements; and
       Whereas, the 21st Century Endangered Species Transparency 
     Act would prioritize species protection and protect taxpayer 
     dollars by placing reasonable caps on attorney fees to make 
     the ESA consistent with existing federal law; and
       Whereas, the customs, cultures and economic well-being of 
     our local communities, as well as important historic and 
     cultural aspects of our local heritage, are being ignored, 
     which adversely affects the lives and jobs of the people of 
     the United States and devastates local and state economies; 
     and
       Whereas, a cost-benefit analysis should be required on any 
     ESA action; and
       Whereas, the United States Chamber of Commerce, the 
     American Farm Bureau Federation, the National Rural Electric 
     Cooperative Association and many others support the 21st 
     Century Endangered Species Transparency Act.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representative concurring, prays:
       1. That the Congress of the United States enact the 21st 
     Century Endangered Species Transparency Act.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.
                                  ____

       POM-15. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     oppose the implementation of certain technology and emissions 
     reduction rules for new and existing electric generating 
     units; to the Committee on Environment and Public Works.

                    Senate Concurrent Memorial 1013

       Whereas, the Clean Air Act (CAA) is a federal law designed 
     to protect air quality nationwide; and
       Whereas, jurisdiction to implement the CAA lies primarily 
     with the states; and
       Whereas, in 1970, Congress enacted the CAA, mandating 
     comprehensive state and federal regulations for both 
     stationary and nonstationary sources of pollution; and
       Whereas, while Americans support efforts to improve air 
     quality, such efforts should be carefully balanced to ensure 
     that the costs of new regulations to the economy do not 
     exceed potential benefits; and
       Whereas, on June 2, 2014, the United States Environmental 
     Protection Agency (EPA) proposed rules in the Federal 
     Register that will require Arizona to reduce carbon emissions 
     at existing generating facilities by 51.7% by 2030; and
       Whereas, the carbon reduction targets for Arizona are the 
     second highest in the nation; and
       Whereas, the interim goal proposed for Arizona would 
     require nearly 90% of the final goal to be achieved by the 
     year 2020: and
       Whereas, concentrations of greenhouse gases are the result 
     of global emissions and do not pose an immediate risk to 
     public health and safety as do other criteria pollutants; and
       Whereas, the EPA's proposed rules exceed its legal 
     authority to require reductions in carbon dioxide emissions 
     from fossil fuel-fired electric generating units under 
     Section 111(d) of the CAA and interfere with the electric 
     system of Arizona; and
       Whereas, addressing greenhouse gas emissions under Section 
     111(d) is a discretionary duty of the EPA as outlined in the 
     CAA; and
       Whereas, devoting resources to discretionary duties such as 
     regulating greenhouse gas emissions takes away resources from 
     nondiscretionary duties that are better suited to protect the 
     public health in the near term; and
       Whereas, it is important to Arizona's economy to have a 
     diverse energy portfolio that provides reliable and 
     affordable electric service to Arizona residents and 
     businesses while protecting the public health and welfare; 
     and
       Whereas, fossil fuels, including coal and natural gas, 
     provide an abundant, domestic and affordable energy source 
     that is important to Arizona's economy and the availability 
     and reliability of electric service; and
       Whereas, the EPA ignores the customs, cultures and economic 
     well-being of our local communities as well as important 
     historic and cultural aspects of our local heritage; and
       Whereas, the EPA's proposed Clean Power Plan will cause 
     significant disruptions in Arizona's electricity supply and 
     transmission system, causing reliability in the system to 
     decrease.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the United States Congress oppose the 
     implementation of rules for existing electric generating 
     units that exceed the EPA's legal authority under Section 111 
     of the CAA and interfere with the prerogative of Arizona to 
     regulate electricity and ensure an affordable and reliable 
     supply of electricity for its citizens.
       2. That the United States Congress oppose the 
     implementation of rules for new or existing electric 
     generating units that do not recognize the primary role of 
     states in establishing and implementing plans to achieve 
     emissions reductions for existing units under Section 111 of 
     the CAA.
       3. That the United States Congress exercise oversight over 
     the EPA to ensure that the primary role of States in 
     establishing and implementing rules under Section 111 of the 
     CAA is respected.
       4. That the Governor and the Attorney General of the State 
     of Arizona take appropriate actions to uphold this state's 
     responsibilities with respect to the CAA and defend the state 
     against overreaching regulations.
       5. That the Secretary of State of the State of Arizona 
     transmit a copy of this Memorial to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, each 
     Member of Congress from the State of Arizona, the 
     Administrator of the United States Environmental Protection 
     Agency, the Governor of the State of Arizona and the Attorney 
     General of the State of Arizona.
                                  ____

       POM-16. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to act 
     to increase the United States Customs field office personnel 
     at the ports of entry in Nogales, Douglas, and San Luis, 
     Arizona; to the Committee on Homeland Security and 
     Governmental Affairs.

                     House Concurrent Memorial 2003

       Whereas, the United States and Mexico are important trading 
     partners, and commerce between the two countries is a 
     critical source of jobs, income and exchange; and
       Whereas, according to the United States Department of 
     Commerce, more than $500 billion in bilateral trade and over 
     $100 billion occurs in cross-border investment annually: and
       Whereas, in Arizona, $28 billion in two-way trade is 
     processed annually through Arizona's ports of entry; and

[[Page S2272]]

       Whereas, according to the United States Census Bureau, 
     Arizona exports to Mexico totaled $7.1 billion in 2013; and
       Whereas, the prime conduits for cross-border trade are 
     through the ports of entry in Nogales, Douglas and San Luis, 
     Arizona; and
       Whereas, the Customs Field Office personnel within the 
     United States Custom and Border Protection service of the 
     United States Department of Homeland Security serve a vital 
     function in promoting security and economic stability; and
       Whereas, the lack of capacity and staffing for customs 
     inspections at these primary entry points create congestion 
     for incoming and outgoing goods, hampers commercial activity 
     and potentially compromises border security; and
       Whereas, these impediments ultimately translate into 
     perished agricultural produce and lost business opportunities 
     and income; and
       Whereas, the rapid delivery of goods and commerce enhances 
     business activity and strengthens economic integration; and
       Whereas, greater inspection capacity at the United States 
     border at the ports of entry in Nogales, Douglas and San 
     Luis, Arizona will enhance the safety and swiftness of goods 
     moving across the border, benefiting the economies of both 
     nations; and
       Whereas, increasing the number of Customs Field Office 
     personnel at these ports will facilitate commercial traffic 
     and will result in increased economic growth and stability 
     for Arizona; and
       Whereas, the letter signed by every member of the Arizona 
     Congressional delegation and sent to the United States 
     Department of Homeland Security dated October 14, 2014 
     expressed the need for greater staffing and allocation of 
     personnel to Arizona's ports of entry.
       Wherefore your memorialist, the House of Representatives of 
     the State of Arizona, the Senate concurring, prays:
       1. That the United States Congress act expediently to 
     increase and maintain staffing for Customs Field Office 
     personnel at the ports of entry in Nogales. Douglas and San 
     Luis, Arizona in order to prudently speed the flow of goods 
     and commerce.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives and each Member of Congress from the State 
     of Arizona.

                          ____________________