[Congressional Record Volume 163, Number 90 (Wednesday, May 24, 2017)]
[Senate]
[Pages S3140-S3145]
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 joint memorial adopted by the Legislature of the 
     State of Idaho memorializing the importance of agriculture in 
     the United States; to the Committee on Agriculture, 
     Nutrition, and Forestry.

                       House Joint Memorial No. 6

       Whereas, since the beginning of time, the ability of man to 
     provide food, fiber and fuel for himself and others has 
     determined his independence, freedom and security; and
       Whereas, the strength of a nation is based on its ability 
     to sufficiently provide safe and reliable food, fiber and 
     fuel for its people; and
       Whereas, the family farm unit is the foundation of 
     agriculture and one of the basic strengths of the United 
     States; and
       Whereas, a strong and viable agricultural industry is a 
     very important part of our national security and overall 
     well-being; and
       Whereas, federal, state and local laws and regulations 
     require farmers, ranchers and food processors in the United 
     States to meet the highest standards in the world when it 
     comes to environmental protection, worker safety, wage rates 
     and food safety concerns; and
       Whereas, United States farmers, ranchers and food 
     processors pay for record audits on farm inspections and USDA 
     product inspections to confirm that necessary criteria are 
     met to adhere to the laws and regulations that apply; and
       Whereas, the Food Safety Modernization Act requires that 
     all food products, foreign and domestic, must adhere to the 
     same food safety standards, and yet only 2% of all imported 
     food products are actually inspected. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that we 
     urge that United States farmers, ranchers and food processors 
     be enabled to compete freely and trade fairly in foreign and 
     domestic markets on a strictly level playing field. Be it 
     further
       Resolved, That food safety standards in the United States 
     should be enforced fully on food from foreign countries 
     wishing to participate in markets that lie within the 
     boundaries of the United States and funded in a way that does 
     not burden the United States taxpayer. And be it further
       Resolved, When determining the economic value of 
     international trade agreements, we urge that the cost of 
     environmental protection, worker safety, wage rates and food 
     safety standards be quantified and considered in such 
     determinations. And be it further
       Resolved, That we encourage the education of the general 
     public regarding the importance of the role agriculture plays 
     in the development of a society, recognizing that such public 
     education, primarily at the middle and secondary school 
     levels, is critical in the preservation and strengthening of 
     the family farm unit and the overall preservation and 
     strengthening of the agricultural industry itself. And be it 
     further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and to the congressional delegation representing 
     the State of Idaho in the Congress of the United States.
                                  ____

       POM-30. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the United States Air Force, President 
     of the United States, and the United States Congress to 
     thoroughly and conscientiously evaluate the utility and 
     efficacy of basing a squadron of F-35 Lightning II Joint 
     Strike Fighter aircraft at Gowen Field in Boise, Idaho, to 
     facilitate a continued flying mission for the Idaho Air 
     National Guard; to the Committee on Armed Services.

                       House Joint Memorial No. 9

       Whereas, the State and the citizens of Idaho have a proud 
     tradition of support for the armed forces of the United 
     States of America; and
       Whereas, the Idaho Air National Guard has distinguished 
     itself in service to the State of Idaho and to the citizens 
     of our state and the United States of America; and
       Whereas, Gowen Field, located in the City of Boise, Idaho, 
     has served admirably for decades as an effective, world-class 
     military installation, both in federal and state service, as 
     a base of operations for the Idaho Army National Guard and 
     the Idaho Air National Guard; and
       Whereas, the U.S. Air Force has chosen Gowen Field among 
     five finalists for two sites to locate squadrons of F-35 
     Lightning II Joint Strike Fighter aircraft; and
       Whereas, Gowen Field is the only finalist for the basing of 
     F-35 aircraft in the western United States; and
       Whereas, Gowen Field, Boise, and southwestern Idaho possess 
     the facilities, infrastructure, airspace, climate, landscape, 
     skilled personnel, relevant private-sector industry and 
     strong public support for military operations required to 
     effectively support the siting of F-35 aircraft; and
       Whereas, the Idaho Air National Guard's existing A-10 
     aircraft flying mission faces the distinct possibility of 
     elimination in the foreseeable future; and
       Whereas, the economies of Boise, southwestern Idaho and the 
     entire state would be materially damaged by the loss of an 
     Idaho Air National Guard flying mission at Gowen Field, which 
     now provides jobs and career opportunities for thousands of 
     Idaho citizens, both military and civilian; and

[[Page S3141]]

       Whereas, it is incumbent upon the leadership of the State 
     of Idaho to extend its active support to efforts to maintain 
     a viable flying mission for the Idaho Air National Guard, 
     such as that which would be provided by the U.S. Air Force's 
     basing of F-35 aircraft at Gowen Field. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that we 
     encourage and call upon the U.S. Air Force, the 
     Administration and Congress to thoroughly and conscientiously 
     evaluate the utility and efficacy of basing a squadron of F-
     35 Lightning II Joint Strike Fighter aircraft at Gowen Field 
     in Boise, Idaho, to facilitate a continued flying mission for 
     the Idaho Air National Guard. And be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     United States, to the Secretary of the Air Force, to the 
     President of the Senate and the Speaker of the House of 
     Representatives of Congress, and to the congressional 
     delegation representing the State of Idaho in the Congress of 
     the United States.
                                  ____

       POM-31. A concurrent resolution adopted by the Legislature 
     of the State of Michigan memorializing the United States 
     Congress to appropriate funds from the Nuclear Waste Fund for 
     the establishment of a permanent repository for high-level 
     nuclear waste or reimburse electric utility customers that 
     paid into the fund; to the Committee on Energy and Natural 
     Resources.

                   Senate Concurrent Resolution No. 6

       Whereas, The nuclear power industry needs a permanent 
     repository for high-level nuclear waste produced by reactors. 
     Nuclear power plays a vital role in meeting our nation's 
     current and future energy needs. However, the failure to 
     construct a permanent repository severely impedes efforts to 
     construct new power plants to provide this clean and reliable 
     base load power; and
       Whereas, Over the last thirty years, the nuclear power 
     industry and its customers have paid the federal government 
     billions of dollars to construct a permanent repository. 
     Under the Nuclear Waste Policy Act of 1982, the U.S. Congress 
     established the Nuclear Waste Fund to collect money for the 
     repository. Revenue to the fund came from mandatory fees 
     assessed on all nuclear energy. Since 1983, customers of 
     Michigan electric utilities alone have paid $812 million into 
     the fund for construction of the repository; and
       Whereas, A permanent repository for high-level nuclear 
     waste has not been established and constructed. More than 
     2,000 metric tons of spent nuclear fuel from power plants 
     continue to accumulate at temporary, and potentially 
     vulnerable, sites across the nation, adding to the more than 
     70,000 metric tons already stored at these sites; and
       Whereas, The Nuclear Waste Fund contains a substantial 
     balance for establishment of the repository. While fee 
     collection was suspended as of May 16, 2014, the fund still 
     contains a balance of over $31 billion for the express 
     purpose of supporting radioactive waste disposal activities. 
     It is imperative that Congress meet its obligation to the 
     nuclear power industry and U.S. citizens that paid into this 
     fund; now, therefore, be it
       Resolved, by the Senate, (the House of Representatives 
     concurring), That we memorialize the Congress of the United 
     States to appropriate funds from the Nuclear Waste Fund for 
     the establishment of a permanent repository for high-level 
     nuclear waste or reimburse electric utility customers that 
     paid into the fund; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-32. A joint memorial adopted by the Legislature of the 
     State of Idaho supporting the Department of Energy, the 
     President of the United States, and the United States 
     Congress to identify, commit, and sustain the necessary 
     funding to allow the Department of Energy to continue to make 
     progress at meeting its cleanup milestones to benefit the 
     citizens of Idaho and its environment; to the Committee on 
     Energy and Natural Resources.

                       House Joint Memorial No. 3

       Whereas, at the direction of the United States government, 
     the U.S. Department of Energy's Idaho site was established in 
     1949 to demonstrate peaceful uses of splitting the atom 
     through nuclear reactor research and development in its 
     mission to create electricity for commercial use and 
     propulsion for the United States Navy fleet; and
       Whereas, during its history the Department of Energy's 
     Idaho site designed and built fifty-two nuclear reactors, 
     perfecting light-water reactor design and operation, proving 
     that reactors could create more fuel than they use, extending 
     the useful life of our country's naval vessels, and providing 
     isotopes to the medical community for the elimination of 
     cancer and other diseases; and
       Whereas, in its sixty-eight-year history, radioactive and 
     hazardous wastes were generated on-site, or were shipped to 
     Idaho, that required storage or disposal using industry-
     accepted practices at the time, which presented environmental 
     challenges at the 890 square-mile federal site and to the 
     underlying Snake River Plain Aquifer, the primary drinking 
     and agricultural water source for more than 300,000 Idaho 
     residents; and
       Whereas, elected officials, federal department 
     administrators, environmental interest organizations, Idaho 
     citizens, and the nuclear industry itself recognized the need 
     to change past waste storage and disposal practices and clean 
     up legacy waste sites that posed a potential or confirmed 
     risk to people or the environment; and
       Whereas, after several years of assessment and 
     negotiations, the State of Idaho entered into a legally 
     binding agreement with the federal government on December 9, 
     1991, to assess all potential waste sites at the Department 
     of Energy's Idaho site and use the risk-based process 
     outlined in the Comprehensive Environmental Response, 
     Compensation and Liability Act to clean up legacy waste sites 
     with the intent of protecting the second-largest continuous 
     aquifer in the United States and restoring or preserving 
     areas of the site to protect people and the ancestral lands 
     of the Shoshone-Bannock Tribes; and
       Whereas, the Department of Energy and its contractors have 
     completed environmental assessments of all suspected waste 
     sites at the Department of Energy's Idaho site and completed 
     the cleanup actions outlined in twenty of twenty-five records 
     of decision; and
       Whereas, environmental scientists and engineers have 
     employed innovative cleanup technologies and processes to 
     protect employees, the public, and the environment, while 
     also expediting the remediation of contaminated sites and 
     saving taxpayers hundreds of millions of dollars; and
       Whereas, the Department of Energy and its contractor 
     continue to make measurable progress removing Cold War 
     weapons waste from an unlined landfill with the aim of 
     protecting the Snake River Plain Aquifer--one of Idaho's most 
     precious natural resources. Now, therefore, be it
       Resolved, by the members of the First Regular Session the 
     Sixty-fourth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein; that, in this twenty-fifth 
     anniversary of the signing of the Federal Facility Agreement 
     and Consent Order, we support the Department of Energy, the 
     Administration and Congress to identify, commit and sustain 
     the necessary funding to allow the Department of Energy to 
     continue to make progress at meeting its cleanup milestones 
     to benefit the citizens of Idaho and its environment. Be it 
     further
       Resolved, That the Legislature supports continued funding 
     for the national and international missions at the Department 
     of Energy's Idaho site to include, but not be limited to, 
     nuclear energy research and development, bioenergy research, 
     renewable energy research, cyber security advancements, 
     smart-grid technology deployments, and national security 
     support to the Department of Homeland Security and other 
     departments. And be it further
       Resolved, That the chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and to the congressional delegation representing 
     the State of Idaho in the Congress of the United States.
                                  ____

       POW--33. A joint memorial adopted by the Legislature of the 
     State of Idaho relative to the Hells Canyon Complex; to the 
     Committee on Energy and Natural Resources.

                       House Joint Memorial No. 2

       Whereas, the Snake River, and its surface and ground water 
     tributaries, is the backbone of Idaho's economy, supplying 
     water for 76% of Idaho's population, cities, businesses, 
     dairies, factories and more than 3 million acres of irrigated 
     lands above Idaho Power Company's Hells Canyon Complex; and
       Whereas, in the first half of the 20th century, hydropower 
     development in the mid-Snake and Hells Canyon spurred 
     economic development, irrigation, industry and growth in 
     Southern Idaho and has provided Idahoans with clean electric 
     energy at rates that are among the lowest in the nation; and
       Whereas, the State of Idaho, while recognizing the benefit 
     of hydropower generation to the citizens of the State through 
     sustaining economic growth and agriculture, also acknowledged 
     the value of protecting Idaho's water, property rights and 
     natural resources; and
       Whereas, in 1964, the State, recognizing its sovereignty 
     over Idaho's water resources and potential intrusions upon 
     that sovereignty, approved through constitutional amendment, 
     Section 7, Article XV, Constitution of the State of Idaho, 
     the establishment of the Idaho Water Resource Board (IWRB) 
     whose members are appointed by the Governor with the advice 
     and consent of the Senate, and empowered the IWRB to 
     formulate a comprehensive State Water Plan as described in 
     Section 42-1734A, Idaho Code; and
       Whereas, pursuant to Section 42-1734A, Idaho Code, the 
     State of Idaho has adopted a State Water Plan (``Plan''); and
       Whereas, Policy 1A of the Plan provides that: ``The State 
     asserts sovereignty over the development and use of Idaho's 
     water resources for the benefits of its citizens. [And that] 
     [a]ny action by the federal government or other states that 
     would impair Idaho's sovereignty over its water resources is 
     against state policy''; and
       Whereas, Policy 1N of the Plan provides that: 
     ``Appropriation of water for hydropower should be 
     subordinated to subsequent

[[Page S3142]]

     upstream beneficial uses to assure an adequate supply of 
     water for all future beneficial uses, and minimum stream 
     flows for hydropower projects should be established by state 
     action''; and
       Whereas, Policy 2B of the Plan provides that: ``The State 
     asserts primacy over the management of its fish and wildlife 
     and water resources. Accordingly, any reintroduction or 
     introduction of federally listed species or other aquatic 
     species without state consultation and approval is against 
     the policy of the State of Idaho because it would impair or 
     impede the state's primacy over its water resources''; and
       Whereas, Policy 4A of the Plan provides that the main stem 
     Snake River will be managed to meet or exceed minimum average 
     daily flows at Milner, Murphy, Weiser, Johnson Bar and Lime 
     Point and that these ``minimum flows provide the management 
     framework for the optimum development of water resources of 
     the Snake River. Basin''; and
       Whereas, Policy 4H of the Plan provides that: ``Hydropower 
     generation is a beneficial use of the flow of the Snake 
     River, and it is in the public interest to protect the 
     minimum average daily flows set forth in Policy 4A as a base 
     flow for hydropower use''; and
       Whereas, Policy 4J of the Plan provides that: ``The minimum 
     stream flows set forth in Policy 4A provide adequate flows 
     for Snake River fish, wildlife, recreation, and scenic values 
     in the main stem Snake River below Milner Dam''; and
       Whereas Policy 4C of the State Water Plan in discussing the 
     Swan Falls Agreement, recognized the value of hydropower 
     through the acknowledgment and protection of minimum stream 
     flows and ensured that electric rates remain beneficial to 
     its citizens; and
       Whereas, in 1976 the State of Idaho in partnership with 
     neighboring states of Oregon and Washington (collectively 
     ``States''), together with the National Marine Fisheries 
     Service filed a petition with the Federal Energy Regulatory 
     Commission (FERC) requesting that ``it issue an order 
     requiring the licensee to take appropriate measures as 
     compensation for'' the loss of salmon and steelhead due to 
     the construction and operation of the Hells Canyon Complex; 
     and
       Whereas, in 1980 the States and the Idaho Power Company 
     executed a settlement agreement that, by its terms, 
     constituted ``full and complete mitigation for all numerical 
     losses of salmon and steelhead caused by or in any way 
     associated with the construction of, and operation within the 
     existing license'' for, the Hells Canyon Complex; and 
     ``further agree not to contend or support contentions by 
     others before any agency or in any proceeding that additional 
     fish or fish facilities are required by or in any way 
     associated with the construction of, or operation within the 
     existing license for,'' the Hells Canyon Complex; and
       Whereas, the Idaho Power Company has complied with the 
     terms of the 1980 Settlement Agreement with state support; 
     and
       Whereas, in 1984 the State and Idaho Power Company entered 
     into the implementing agreements for the Swan Falls 
     Settlement, which confirmed the State's primacy over flows of 
     the Snake River through the establishment of minimum flows 
     from Milner Dam to reaches below the Hells Canyon Complex; 
     and
       Whereas, the Idaho Power Company, since 2003, has been 
     seeking to relicense the Hells Canyon Complex before the FERC 
     under the Federal Power Act; and
       Whereas, the State Water Plan directs the Water Resource 
     Board to participate in the Hells Canyon Complex relicensing 
     to ensure that the conditions in ``the new license for the 
     Hells Canyon Complex includes operational conditions that 
     preserve and enhance the generation capacity of the project 
     in a manner consistent with the State Water Plan''; and
       Whereas, in 2004 the State, participating water users, and 
     the Nez Perce Tribe entered into the 2004 Snake River Water 
     Rights Agreement providing for cooperative agreements to 
     assist in the recovery of listed species under the Endangered 
     Species Act in tributaries below the Hells Canyon Complex 
     while providing certainty to Idaho landowners and water users 
     in the exercise of property rights; and
       Whereas, the 2004 Snake River Water Rights Agreement 
     identified specific actions by the water users with respect 
     to the rental of water to augment flows for listed anadromous 
     fish below the Hells Canyon Complex, such agreement providing 
     certain protections to the water users; and
       Whereas, water users have benefited from the certainty 
     regarding the water supply availability and operating 
     conditions in the reaches of the Snake River upstream from 
     the Hells Canyon Complex; and
       Whereas, the Idaho Water Users Association, through 
     Association Resolution No. 2017--6, has and continues to 
     oppose introduction of salmon and steelhead species into 
     surface waters above the Hells Canyon Complex due to the 
     drastic impacts on irrigated agriculture, industry, water 
     supply and electric generation; and
       Whereas, Section 42-1734C, Idaho Code, requires that the 
     Idaho State Water Plan ``be submitted to the Federal Energy 
     Regulatory Commission . . . as the state water plan for the 
     conservation, development, management and optimum use of the 
     state of Idaho's water resource'' and the Plan has been 
     submitted;. and
       Whereas, the State committed to certain actions through the 
     1980 Agreement, the Swan Falls Agreement, and the 2004 Snake 
     River Agreement, that provide the citizens of Idaho certainty 
     and appropriate management of the State'S resources in a 
     manner consistent with the intentions provided herein; and
       Whereas, the State of Oregon has taken certain actions in 
     the relicensing proceeding for the Hells Canyon Complex in an 
     attempt to mandate the passage and introduction of salmon and 
     steelhead above Hells Canyon Dam and into the Idaho waters of 
     the Snake River, which form a border between Oregon and 
     Idaho, that directly infringe upon Idaho's sovereignty over 
     its water resources and primacy over management of its fish 
     and water resources; and
       Whereas, the Governor of the State of Idaho, through the 
     Office of Species Conservation, is charged with coordinating 
     with all state departments and divisions with respect to 
     endangered, threatened, candidate species, species petitioned 
     to be listed, and rare and declining species, coordinating 
     state response to federal recovery plans and projects, 
     participating in regional. efforts and providing input to 
     federal and state agencies with regard to such species act as 
     an ombudsman for state citizens on ESA issues, and ensuring 
     state primacy over management of its fish and wildlife, 
     including prevention of reintroduction or introduction of 
     listed species without state consultation and approval; and
       Whereas, the Governor, by letter to the Natural Resources 
     Agency Administrators and Directors dated May 27, 2016, 
     directed that: ``Each agency shall coordinate with the 
     Governor's Office of Species Conservation and status of any 
     introduction or reintroduction proposals under the Endangered 
     Species Act''; and
       Whereas, the Governor, by letter to Oregon Governor Brown 
     dated July 19, 2016, advised that Idaho would not agree to 
     Oregon's passage or introduction proposal above Hells Canyon 
     Dam, in violation of Sections 67-818 and 67-6302, Idaho Code, 
     stating in part: ``Such occurrence would violate longstanding 
     Idaho law and policy opposing reintroduction of any species 
     without the express consent of the Idaho State Legislature 
     and executive branch. . . . Based upon state law and in part 
     on our past experiences with reintroduced a species (e.g., 
     wolves), Idaho cannot and will not, agree to the 
     reintroduction of salmon or steelhead above Hells Canyon 
     Dam.''; and
       Whereas, while the Idaho Power Company serves customers in 
     Idaho and eastern Oregon, approximately 95% of its customers 
     are located in Idaho; and
       Whereas, the Governor, by letter to Oregon Governor Brown 
     dated January 17, 2017, advised that Oregon's draft 401 
     conditions related to fish passage and reintroduction would 
     impact Idaho waters and citizens and interfere with Idaho's 
     sovereign interests in managing its natural resources; and
       Whereas, the Governor's January 17, 2017, letter further 
     advised that with respect to ``any new requirement imposed by 
     Oregon will lead to additional costs that will 
     disproportionately impact Idaho customers'' and ``passage and 
     reintroduction conditions should be removed''; and
       Whereas, protecting Idaho's sovereignty by ensuring that 
     Oregon does not impose fish passage and introduction in 
     violation of Idaho law and policy will continue to be a 
     benefit to Idaho's citizens through greater certainty 
     regarding property rights, water supply and economic 
     development. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that the 
     State of Idaho supports actions by the Governor and the 
     Attorney General to oppose passage and introduction of salmon 
     or steelhead above Hells Canyon Dam, that are necessary to 
     protect Idaho's sovereignty, including its waters and 
     property rights, and to ensure that Idaho's sovereignty is 
     not violated by the introduction of salmon or steelhead to 
     the reaches of the Snake River, and its Idaho tributaries, 
     above Hells Canyon Dam. Be it further
       Resolved, That the Governor and the Attorney General shall 
     undertake such action as is necessary and appropriate to 
     ensure that the terms of the 1980 Agreement are complied with 
     in regard to mitigation for the Hells Canyon Complex to 
     protect upstream water users, water rights, landowners and 
     economic development from the State of Oregon's efforts to 
     pass and introduce salmon and steelhead above Hells Canyon 
     Dam into waters of the State. And be it further
       Resolved, That consistent with the authority of Section 67-
     6302, Idaho Code, the Legislature of the State of Idaho does 
     not approve of the efforts by the State of Oregon and opposes 
     any action by a federal agency, or any entity acting on 
     behalf of a federal agency, or other groups, entities or 
     individuals to require the passage and introduction or 
     reintroduction of salmon or steelhead above Hells Canyon Dam, 
     including trying to include in the FERC license for the Hells 
     Canyon Project any provision that would result in 
     introduction or reintroduction of any such species into the 
     waters of the State of Idaho. And be it further
       Resolved, That, the State of Idaho supports the relicensing 
     of Hells Canyon Complex consistent with the following 
     policies: (A) The license is consistent with the policies set 
     forth in the Idaho State Water Plan; (B) The license 
     recognizes that no salmon and steelhead populations can be 
     introduced or reintroduced above Hells Canyon Dam; (C)

[[Page S3143]]

     The license recognizes that the water rights for the Hells 
     Canyon Complex are subordinated to future upstream uses as 
     set forth in the partial decrees for each of the three dams; 
     and (D) The mitigation requirements in the license for salmon 
     and steelhead comply with the terms of the 1980 Settlement 
     Agreement. And be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress and to the congressional delegation representing the 
     State of Idaho in the Congress of the United States.
                                  ____

       POM-34. A joint memorial adopted by the Legislature of the 
     State of Idaho encouraging western states and the Federal 
     government to establish cooperative and coordinated efforts 
     with the State of Idaho to prevent, to whatever extent 
     possible, enforcement of invasive species laws and rapid 
     response protocols, further spread of the mussels, and 
     containment where established, until such time as viable 
     tools for eradication are discovered; to the Committee on 
     Environment and Public Works.

                       House Joint Memorial No. 4

       Whereas, eradication of invasive species is a matter of 
     national concern, transcending state lines; and
       Whereas, the presence of quagga and zebra mussels, 
     collectively referred to as dreissenid mussels, in the West 
     is a matter of growing and alarming concern; and
       Whereas, the mussels were introduced into the Great Lakes 
     in the 1980s by watercraft from the shipping industry through 
     ballast water and adhesion to watercraft, having originated 
     in Eastern Europe near the Black Sea, and now having spread 
     to 32 states, including a discovery of larvae in Montana in 
     November 2016; and
       Whereas, in her five-year lifetime, a single quagga or 
     zebra mussel will produce about 5 million eggs, 100,000 of 
     which reach adulthood. The offspring of a single mussel will 
     in turn produce a total of half a billion adult offspring; 
     and
       Whereas, mussels spread, in large part, by attaching to 
     exposed hard surfaces of watercraft, as well as ballast water 
     discharges, and being transported from water body to water 
     body, many times across state lines, and many western states 
     have now enacted laws to establish watercraft inspection 
     programs to prevent the spread of quagga and zebra mussels to 
     unaffected waters; and
       Whereas, it is estimated that mussel introduction into the 
     State of Idaho would cost Idaho approximately $94 million per 
     year. This figure does not include agriculture-related 
     impacts, which would be devastating to the state, but 
     reflects the impact to hydroelectric facilities, recreation 
     areas, fish hatcheries, golf courses, intake valves for 
     drinking water facilities and irrigation facilities; and
       Whereas, federal action, and federal regulations, are 
     necessary to address decontamination policies for those 
     infested federal waters in the West; and
       Whereas, the State of Idaho seeks to foster cooperative 
     efforts between the western states and the federal government 
     for the establishment of a coordinated effort to prevent, to 
     whatever extent possible, through efforts including 
     inspections, decontamination policies, enforcement of 
     invasive species laws and rapid response protocols, further 
     spread of the mussels, and containment where established, 
     until such time as viable tools for eradication are 
     discovered. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that we 
     encourage western states and the federal government to 
     establish cooperative and coordinated efforts with the State 
     of Idaho to prevent, to whatever extent possible, through 
     efforts including inspections, decontamination policies, 
     enforcement of invasive species laws and rapid response 
     protocols, further spread of the mussels, and containment 
     where established, until such time as viable tools for 
     eradication are discovered. And be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, to the congressional delegation representing the 
     State of Idaho in the Congress of the United States, to the 
     leadership of the houses, assemblies and senates in the 
     states of Montana, Wyoming, Utah, Nevada, Oregon, Washington, 
     Arizona, Colorado, New Mexico and California, and to the 
     Pacific Northwest Economic Region.
                                  ____

       POM-35. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the United States Congress to 
     appropriate $8 million of the authorized $20 million for 
     fiscal year 2018 to the four Northwest states of Idaho, 
     Montana, Oregon, and Washington, according to the Water 
     Infrastructure Improvements for the Nation Act (WIIN), which 
     includes the Water Resources Development Act of 2016 (WRDA); 
     to the Committee on Environment and Public Works.

                       House Joint Memorial No. 8

       Whereas, Dreissenid mussels, specifically quagga mussels 
     (Dreissena rostriformis bugensis) and zebra mussels 
     (Dreissena polymorpha), are aquatic invasive species that 
     cause irreparable ecological damage to many waters in the 
     United States; and
       Whereas, we are requesting $8 million in federal matching 
     funding for FY 2018 to combat the immediate threat of 
     invasive quagga and zebra mussels to the Pacific Northwest 
     region. Until recently, the Pacific Northwest region remained 
     one of the only regions in North America without invasive 
     quagga and zebra mussels. In November 2016, invasive mussel 
     larvae were detected at Canyon Ferry Reservoir and Tiber 
     Reservoir, located in Montana, and part of the Missouri River 
     system. In response, Montana Governor. Steve Bullock declared 
     a natural resources state of emergency; and
       Whereas, further spread of these invasive mussels will have 
     a devastating and far-reaching impact on the economic and 
     environmental wellbeing of the entire region. If invasive 
     mussel populations become established in the Pacific 
     Northwest, they will cost the region $500 million a year, so 
     it is vital that we work together to ensure that the invasive 
     mussels do not make the short trip across the Continental 
     Divide and into the Columbia River system. Failing to ensure 
     this would not only result in Idaho water bodies becoming 
     infested with quagga and zebra mussels, but the rest of the 
     Columbia River Basin and region as well; and
       Whereas, for these reasons, we ask Congress to appropriate 
     $8 million of the authorized $20 million for FY 2018 to the 
     four Northwest states of Idaho, Montana, Oregon, and 
     Washington, according to the Water Infrastructure 
     Improvements for the Nation Act (WIIN), which includes the 
     Water Resources Development Act of 2016 (WRDA). The $8 
     million in federal matching funding would be used to enhance 
     funds already allocated by the states for watercraft 
     inspection and decontamination stations with the purpose of 
     protecting the Columbia River Basin against invasive mussels. 
     Now that invasive mussel larvae have been found in Montana, 
     federal assistance is key to ensuring that the Columbia River 
     Basin system is protected and that invasive mussels do not 
     spread to the rest of the region; and
       Whereas, we appreciate the funding that Congress 
     appropriated under the Water Resources Reform and Development 
     Act of 2014 (WRRDA) and WIIN to assist the four Northwest 
     states. The emergency in Montana highlights the constant and 
     ongoing threat of invasive mussels to the region, and the 
     importance of the states' continued receipt of federal 
     matching funding to support their efforts to protect against 
     these aquatic invaders. Therefore, we respectfully ask that 
     you consider our request and take the necessary steps to 
     ensure that federal funds are appropriated to the four 
     Northwest states in FY 2018. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that we 
     urge Congress to appropriate $8 million of the authorized $20 
     million for FY 2018 to the four Northwest states of Idaho, 
     Montana, Oregon, and Washington, according to the Water 
     Infrastructure Improvements for the Nation Act (WIIN), which 
     includes the Water Resources Development Act of 2016 (WRDA). 
     The $8 million in federal matching funding will be used to 
     enhance funds already allocated by the states for watercraft 
     inspection and decontamination stations with the purpose of 
     protecting the Columbia River Basin against invasive mussels. 
     Now that invasive mussel larvae have been found in Montana, 
     federal assistance is key to ensuring that the Columbia River 
     Basin system is protected and that invasive mussels do not 
     spread to the rest of the region. And be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     United States, the Secretary of the Army, the Secretary of 
     the Interior, the President of the Senate and the Speaker of 
     the House of Representatives of Congress, and to the 
     congressional delegation representing the State of Idaho in 
     the Congress of the United States.
                                  ____

       POM-36. A concurrent resolution adopted by the. Legislature 
     of the State of Michigan urging the United States Department 
     of Energy and the United States Nuclear Regulatory Commission 
     to fulfill their obligation to establish a permanent solution 
     for handling high-level nuclear waste; to the Committee on 
     Environment and Public Works.

                   Senate Concurrent Resolution No. 8

       Whereas, Nuclear power has been a significant source of the 
     nation's electricity production over the last four decades. 
     According to the U.S. Energy Information Administration, 
     nuclear power provided about 20 percent of the electricity 
     produced in the United States in 2015, and Michigan's three 
     nuclear power plants were responsible for about 26 percent of 
     the electricity generated in the state; and
       Whereas, Since the earliest days of nuclear power, 
     determining how to deal with used nuclear fuel has been a 
     great dilemma. Currently, more than 70,000 metric tons of 
     spent nuclear fuel are stored in pools or casks at temporary 
     sites around the country, including locations in Michigan. 
     This high-level radioactive waste demands exceptional care in 
     all facets of its storage and disposal, including 
     transportation; and
       Whereas, More than 30 years ago, Congress enacted the 
     Nuclear Waste Policy Act of 1982 to address the long-term 
     storage of nuclear waste. The act requires the federal 
     government, through the Department of Energy, to build a 
     repository for the permanent storage

[[Page S3144]]

     of high-level radioactive material from nuclear power plants 
     and to begin accepting waste by January 31, 1998. It is now 
     2017, and the nation remains without a permanent repository, 
     despite billions of dollars collected from electric 
     ratepayers for the project; and
       Whereas, The Department of Energy's National Laboratories 
     have pioneered a method of recycling spent nuclear waste into 
     fuel, known as pyrochemical processing, which could extend 
     the productive life of uranium and cut down on nuclear waste. 
     The Nuclear Regulatory Commission should prioritize the 
     development and implementation of technical specifications 
     and licensing requirements to enable the construction of 
     Generation IV reactors capable of performing pyrochemical 
     processing; and
       Whereas, The federal government needs to build a permanent 
     repository and promote the construction of pyrochemical 
     processing facilities. Spent nuclear fuel continues to pile 
     up at temporary sites around the country, and the ongoing 
     problem of permanent disposal is an impediment to the 
     potential of nuclear power to help meet our nation's energy 
     needs. Our nation can only continue to safely store this 
     waste at temporary sites for so long; now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we urge the U.S. Department of Energy and 
     the U.S. Nuclear Regulatory Commission to fulfill their 
     obligation, as provided by law, to establish a permanent 
     solution for handling high-level nuclear waste, and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the Secretary of Energy, the Nuclear Regulatory Commission, 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-37. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the President of the United States, the 
     Secretary of Health and Human Services, and the United States 
     Congress to allow individual states to serve as the primary 
     regulator of health insurance plans and permit the 
     availability and sale of nonsubsidized health insurance plans 
     in accordance with state-established statutes, regulations, 
     and rules governing such plans; to the Committee on Health, 
     Education, Labor, and Pensions.

                       House Joint Memorial No. 7

       Whereas, the Sixtieth Idaho Legislature passed Senate Joint 
     Memorial 106, sponsored by the office of Governor C.L. 
     ``Butch'' Otter, calling for an amendment to the U.S. 
     Constitution that would prevent Congress from passing laws 
     requiring citizens of the United States to participate in any 
     health care insurance program or penalizing them for 
     declining health care coverage; and
       Whereas, the Idaho Health Freedom Act codifies as state 
     policy that every person in the State of Idaho is and shall 
     be free from government compulsion in the selection of health 
     insurance options, and that such liberty is protected by the 
     constitutions of the United States and the State of Idaho; 
     and
       Whereas, the average Idaho rate increase for 2017 
     individual Affordable Care Act (ACA) health insurance plans 
     was 24% and, with the year-over-year increases since the 
     implementation of the ACA federal mandates, health insurance 
     plans have become unaffordable for thousands of Idahoans and 
     their families; and
       Whereas, nearly 90,000 Idahoans can afford coverage only 
     with the assistance of an ACA premium assistance tax credit 
     or other subsidy, and Idaho's uninsured includes ``middle 
     class'' individuals and families who earn too much to qualify 
     for federal insurance premium assistance and have no coverage 
     option other than high-cost ACA plans; and
       Whereas, the premium amounts for pre-ACA individual 
     transitional ``grandmothered'' plans were 30% to 50% less 
     than those of the individual ACA plans, indicating that a 
     return to state regulation of the individual insurance market 
     would result in significantly lower premium amounts for many 
     Idahoans. and
       Whereas, prior to implementation of the ACA, the State of 
     Idaho primarily regulated the Idaho health insurance market 
     and provided aggressive oversight of all aspects of that 
     market and enforced consumer protections as well as ensured a 
     local, responsive regulation for consumers; and
       Whereas, prior to the implementation of the ACA-mandated 
     plans, Idaho had a stable and competitive individual 
     insurance market, with among the lowest individual premium 
     amounts in the nation, and consumers could choose from a 
     variety of health insurance coverage options to best cover 
     them and their families; and
       Whereas, on January 20, 2017, President Donald J. Trump 
     signed an executive order to minimize the economic burden of 
     the ACA pending repeal, including instruction to the 
     Secretary of Health and Human Services and to the heads of 
     all other executive departments and agencies with authorities 
     and responsibilities under the act to exercise all authority 
     and discretion available to them to provide greater 
     flexibility to states and to cooperate with them implementing 
     healthcare programs. Now, therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fourth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, that the 
     Idaho Legislature urges President Trump, Secretary Price and 
     Congress to take the following action: Allow individual 
     states to once again serve as the primary regulator of health 
     insurance plans and immediately permit the free market 
     availability and sale of nonsubsidized health insurance plans 
     in accordance with state-established statutes, regulations 
     and rules governing such plans; and be it further
       Resolved, That the Idaho Department of Insurance issue 
     guidance allowing for competitive, innovative, nonsubsidized 
     health insurance plans, along with the free market sale of 
     health insurance plans to Idahoans who choose to purchase 
     them, in accordance with state-established statutes, 
     regulations and rules governing such plans; and be it further
       Resolved, That the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     United States, the Secretary of Health and Human Services, 
     the President of the Senate and the Speaker of the House of 
     Representatives of Congress, and the congressional delegation 
     representing the State of Idaho in the Congress of the United 
     States, as well as to Governor C.L. ``Butch'' Otter and 
     Director Dean Cameron of the Idaho Department of Insurance.
                                  ____

       POM-38. A resolution adopted by the Senate of the State of 
     California calling upon the United States Congress to reject 
     any effort to repeal the Affordable Care Act unless it is 
     simultaneously replaced with an alternative program that 
     meets the standards clearly and consistently articulated by 
     the President of the United States; to the Committee on 
     Finance.

                        Senate Resolution No. 26

       Whereas, Over the first two years of full implementation of 
     the federal Patient Protection and Affordable Care Act 
     (Public Law 111-148) (Affordable Care Act), California's 
     uninsured rate decreased by half--the largest percentage 
     point decline in the uninsured rate of any state--from 17.2 
     percent in 2013 to 8.6 percent in 2015, according to the 
     United States Census Bureau, with the federal Centers for 
     Disease Control and Prevention indicating a further fall to 
     7.1 percent in the first nine months of 2016; and
       Whereas, This decline, from 6.5 million uninsured 
     individuals in 2013 to 3.3 million uninsured individuals in 
     2015, is a historic accomplishment that reaches across all 
     income levels, geographic regions, and ethnic groups in 
     California; and
       Whereas, In June 2016, nearly 3.7 million individuals 
     received coverage through the Affordable Care Act's Medicaid 
     eligibility expansion; and
       Whereas, Over 13 million children and adults--approximately 
     one-third of the population--now receive health care coverage 
     through the Medi-Cal program in California; and
       Whereas, Since the California Health Benefit Exchange, also 
     known as Covered California, opened its doors, it has 
     cumulatively enrolled 2.5 million people into health care 
     coverage; and
       Whereas, Currently, nearly 1.4 million people are enrolled 
     in health care coverage through Covered California, with 
     approximately 90 percent receiving federal subsidies; and
       Whereas, The lifeblood of these coverage expansions in 
     California is the federal funding received through the 
     Affordable Care Act; and
       Whereas, California's strong consumer protections for 
     health care coverage, access to comprehensive health 
     coverage, including reproductive health care services, and 
     vigorous regulatory system are threatened by the American 
     Health Care Act under consideration in Congress; and
       Whereas, The American Health Care Act will result in the 
     elimination of all federal funding for Planned Parenthood, a 
     reduction of tax credits and an increase in premiums for many 
     low- and moderate-income Californians, the elimination of 
     cost-sharing subsidies, a repeal of the Medicaid entitlement 
     to coverage, the elimination of enhanced federal funding for 
     new enrollment in Medi-Cal in 2020 resulting in a massive 
     shift of costs to the state, more uninsured Californians, and 
     fewer Californians receiving affordable coverage; and
       Whereas, The American Health Care Act under consideration 
     in Congress provides $600 billion in tax cuts primarily to 
     upper-income individuals, implements an ``age tax'' that 
     allows insurers to charge an older person five times the 
     amount charged to a young adult, and proposes that income-
     based premium subsidies would be replaced by age-based 
     subsidies that hurt moderate-income individuals and makes 
     insurance unaffordable for all but the least healthy; and
       Whereas, Millions of Americans rely on the essential 
     provisions of the Affordable Care Act, including, among 
     others, premium tax credits, cost-sharing subsidies, and 
     easily comparable comprehensive coverage; and
       Whereas, Since the Affordable Care Act was passed in March 
     2010, the United States private sector added over 15,000,000 
     jobs and set a record for consecutive months of job growth, 
     and
       Whereas, Health care policy is extremely complex because it 
     involves the lives and well-being of hundreds of millions of 
     Americans, impacts the national economy in innumerable ways, 
     and involves complex laws and regulations, insurance markets, 
     and consumer protections; Now, therefore, be it
       Resolved by the Senate of the State of California, That the 
     Senate affirms its strong

[[Page S3145]]

     support for the Affordable Care Act and calls upon the United 
     States Congress to reject any effort to repeal the Affordable 
     Care Act unless it is simultaneously replaced with an 
     alternative program that meets the standards clearly and 
     consistently articulated by President Trump: that not one 
     American will lose coverage and that coverage will be more 
     affordable and of higher quality for all Americans; and be it 
     further
       Resolved, That the Senate urges Congress to not jeopardize 
     the health of millions of Americans by pushing through 
     irresponsible policy in late-night hearings, but instead 
     allow for comprehensive public review, `` including 
     evaluations by the Congressional Budget Office and relevant 
     policy committees, so that Americans have their concerns 
     heard; and be it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, to 
     each Senator and Representative from California in the 
     Congress of the United States, and to the author for 
     appropriate distribution.
                                  ____

       POM-39. A concurrent resolution adopted by the Legislature 
     of the State of Michigan urging the President of the United 
     States and the United States Congress to explore and support 
     policies that will lead to the establishment of facilities 
     within the United States for the reprocessing and recycling 
     of spent nuclear fuel; to the Committee on Energy and Natural 
     Resources.

                   Senate Concurrent Resolution No. 9

       Whereas, The federal Nuclear Waste Policy Act of 1982 
     called for the United States Department of Energy to begin 
     collecting spent nuclear waste and develop a long-term plan 
     for storage of the material. In 2002, Congress approved Yucca 
     Mountain in Nevada as the location to allow the Department of 
     Energy to establish a safe repository for high-level spent 
     nuclear waste; and
       Whereas, In 2010, the Department of Energy halted the 
     project at Yucca Mountain when the construction authorization 
     process was in progress, despite the Nuclear Waste Fund 
     receiving more than $30 billion in revenue from electric 
     customers throughout the United States in order to construct 
     the facility and store the spent fuel; and
       Whereas, The Argonne National Laboratory has developed a 
     high-temperature method of recycling spent nuclear waste into 
     fuel, known as pyrochemical processing. This process allows 
     100 times more of the energy in uranium ore to be used to 
     produce electricity compared to current commercial reactors; 
     and
       Whereas, Extending the productive life of uranium ore 
     through pyrochemical processing ensures almost inexhaustible 
     supplies of low-cost uranium resources for the generation of 
     electricity, minimizes the risk that used fuel could be 
     stolen and used to produce weapons, and reduces the amount of 
     nuclear waste and the time it must be isolated by almost 
     1,000 times; and
       Whereas, Advanced non-light-water reactors currently under 
     development in the United States and internationally have the 
     potential to utilize used fuel from existing reactors as 
     fuel, but according to the Nuclear Regulatory Commission, 
     there are no reprocessing facilities currently operating 
     within the United States; and
       Whereas, The federal government's inability to adequately 
     store or reprocess almost 100,000 tons of spent nuclear fuel 
     has adversely affected the residents of the state of 
     Michigan. Michigan has paid more than $800 million into the 
     Nuclear Waste Fund since 1983, but the federal government has 
     failed to use it to permanently store nuclear waste in a way 
     that serves the public; Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we urge the President and Congress of the 
     United States to explore and support policies that will lead 
     to the establishment of facilities within the United States 
     for the reprocessing and recycling of spent nuclear fuel; be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the President of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, and the members of the Michigan 
     congressional delegation.

                          ____________________