[Congressional Record Volume 161, Number 88 (Wednesday, June 3, 2015)]
[Senate]
[Pages S3677-S3678]
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-29. A resolution adopted by the Legislature of Rockland 
     County, New York, urging the United States Department of 
     Transportation and the United States Department of Energy to 
     immediately enact rules that mandate the stabilization and 
     reduction in volatility of Bakken crude oil to be transported 
     by rail and urging the United States Congress to pass the 
     Crude-By-Rail Safety Act of 2015; to the Committee on 
     Commerce, Science, and Transportation.
       POM-30. A communication from a citizen of the State of 
     Illinois memorializing a resolution adopted by the Senate of 
     the State's General Assembly urging the President of the 
     United States and the United States Congress to review the 
     national tariff policy on steel goods and take action similar 
     to the 2002 actions of President George W. Bush and Congress; 
     and urging the President of the United States and the United 
     States Congress to consider all possible trade and economic 
     policies to protect this vital American industry and minimize 
     the financial impact on these hardworking men and women; to 
     the Committee on Finance.
       POM-31. A concurrent memorial adopted by the Legislature of 
     the State of Arizona urging the United States Congress to 
     enact legislation that confirms that state law determines the 
     entire scope of R.S. 2477 right-of-way; to the Committee on 
     Energy and Natural Resources.

                    Senate Concurrent Memorial 1002

       Whereas, in order to promote settlement of the American 
     West in the 1800s and provide access to mining deposits 
     located under federal lands, the United States Congress 
     granted rights-of-way across public lands for the 
     construction of highways by a provision of the Mining Law of 
     1866, now known as Revised Statute (R.S.) 2477; and
       Whereas, the United States Congress repealed R.S. 2477 in 
     1976 as part of its enactment of the Federal Land Policy and 
     Management Act, along with the repeal of other federal 
     statutory rights-of-way, but it expressly preserved R.S. 2477 
     rights-of-way that already had been established; and
       Whereas, in its entirety, R.S. 2477 provided that ``the 
     right of way for the construction

[[Page S3678]]

     of highways over public lands, not reserved for public uses, 
     is hereby granted''; and
       Whereas, R.S. 2477 was self-executing and did not require 
     government approval or public recording of title, which 
     resulted in uncertainty regarding whether particular rights-
     of-way had in fact been established; and
       Whereas, in April 2014, the Tenth Circuit Court of Appeals 
     issued a decision in San Juan County v. United States in 
     which the court rejected the notion that state law should 
     determine the entire scope of R.S. 2477 rights-of-way, 
     holding that state law has provided ``convenient and 
     appropriate principles'' for determining the scope and 
     validity of an R.S. 2477 right-of-way, but it can be 
     dismissed when it ``contravenes congressional intent''; and
       Whereas, in October 2014, the Ninth Circuit Court of 
     Appeals issued a decision in County of Shoshone v. United 
     States in which it confirmed that state law controls, or is 
     ``borrowed,'' in determining what constitutes sufficient 
     public use, reflecting a rejection of the approach taken by 
     the Tenth Circuit Court of Appeals in San Juan County v. 
     United States; and
       Whereas, outdoor recreation is an essential industry in 
     Arizona, generating $10.6 billion in consumer spending, 
     104,000 direct Arizona jobs, $3.3 billion in wages and 
     salaries and $787 million in state and local tax revenue; and
       Whereas, the reduction of public roads in this state would 
     diminish access to and enjoyment of outdoor recreation 
     opportunities on public lands, detrimentally impacting 
     Arizona's economy.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, the House of Representatives concurring, prays:
       1. That the Members of the United States Congress enact 
     legislation that is consistent with the decision of the Ninth 
     Circuit Court of Appeals in County of Shoshone v. United 
     States and that confirms that state law determines the entire 
     scope of R.S. 2477 rights-of-way.
       2. That the Secretary of State of the State of Arizona 
     transmit copies 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-32. A resolution adopted by the House of 
     Representatives of the State of Illinois urging the President 
     of the United States and the United States Congress to review 
     the national tariff policy on steel goods and take action 
     similar to the 2002 actions of President George W. Bush and 
     Congress; and urging the President of the United States and 
     the United States Congress to consider all possible trade and 
     economic policies to protect this vital American industry and 
     minimize the financial impact on these hardworking men and 
     women; to the Committee on Finance.

                       House Resolution No. 0335

       Whereas, The Granite City Works steel mill has operated 
     since 1878: it was originally founded by brothers William and 
     Frederick Niedringhaus as the Granite Iron Rolling Mills, and 
     most recently, owned by United States Steel Corporation; and
       Whereas, The Granite City Works has been an industry leader 
     in sheet steel products for customers in the construction, 
     container, piping and tubing, service center, and automotive 
     industries; and
       Whereas, Granite City Works has an annual raw steelmaking 
     capability of 2.8 million net tons; and
       Whereas, Global influences in the market such as reduced 
     steel prices, unfair trade practices, & imports, and 
     fluctuating oil prices, continue to have a dramatic negative 
     impact on the steel production industry: and
       Whereas, Domestic steelmakers continue to lose substantial 
     sales to foreign countries, particularly China and South 
     Korea, which have ``dumped'' their steel products into the 
     United States market at prices below fair market value; and
       Whereas, Due to these disruptions in the steel market, on 
     March 25, 2015, United States Steel Corporation announced 
     that it will temporarily idle the Granite City mill and lay 
     off 2,080 steel workers by or after May 28, 2015; and
       Whereas, Granite City Works is a vital part of the Metro-
     East economy, and the loss of this mill would be devastating 
     to thousands of families and the financial well-being of the 
     entire region: Now, therefore, be it
       Resolved, by the House of Representatives of the Ninety-
     Ninth General Assembly of the State of Illinois, That we urge 
     the President of the United States and Congress to review the 
     national tariff policy on steel goods and take action similar 
     to the 2002 actions of President George W. Bush and Congress; 
     and be it further
       Resolved, That we urge the President of the United States 
     and Congress to consider all possible trade and economic 
     policies to protect this vital American industry and minimize 
     the financial impact on these hardworking men and women; and 
     be it further
       Resolved, That suitable copies of this resolution be 
     presented to the President and Vice-President of the United 
     States, the Majority and Minority Leaders of the United 
     States Senate, and the Speaker and Minority Leader of the 
     United States House of Representatives.

                          ____________________