[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[Senate]
[Pages S2812-S2814]
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-53. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the United States Congress to take any 
     further actions necessary to advance the project of a new 
     pipeline to bring Snake River water to Mountain Home Air 
     Force Base through additional congressional action to 
     authorize construction and provide further Military 
     Construction (MILCON) Funds; to the Committee on Armed 
     Services.

                     Senate Joint Memorial No. 104

       Whereas, the Mountain Home Air Force Base draws its water 
     supply from the Mountain Home Aquifer. The aquifer is over-
     drafted by about 30,000 acre-feet annually and is declining 
     approximately two feet per year; and
       Whereas, there are water quality issues in some of the 
     wells that the Mountain Home Air Force Base depends on for 
     its water supply. Of the six main wells that are on the base, 
     only two are safe sources of drinking water and four are 
     contaminated. Of the four contaminated wells, one is high in 
     nitrates and is used strictly for irrigation, and the other 
     three are high in nitrates and perfluorinated compounds; and
       Whereas, the state, in partnership with the United States 
     Air Force is working on the Mountain Home Air Force Base 
     Sustainable Water Supply Project. The purpose of the project 
     is to provide a sustainable, long-term water supply for the 
     base from the Snake River and to eliminate the base's 
     reliance on the declining Mountain Home Aquifer; and
       Whereas, the project consists of a pump station at C.J. 
     Strike Reservoir and a 14.4 mile long pipeline to bring Snake 
     River water to the base, as well as construction of a water 
     treatment plant at the base; and
       Whereas, it is anticipated that the state will build, own, 
     maintain, and operate the pipeline and the pumps and that the 
     United States Air Force will build, operate, and maintain the 
     water treatment plant, as well as anything downstream of the 
     plant; and
       Whereas, Mountain Home Air Force Base is one of the largest 
     employers in Idaho. According to a 2016 study, the base is 
     responsible for the direct employment of 4,686 personnel, 
     supports an additional 190 jobs in local businesses that 
     directly supply the base's operations, and is responsible for 
     2,127 jobs supported by the consumer spending of those who 
     are directly and indirectly employed by the base; and
       Whereas, Mountain Home Air Force Base has been estimated to 
     support the employment of more than 10,500 individuals; and
       Whereas, Mountain Home Air Force Base generates $462 
     million in labor income; $797 million in all forms of income 
     including wages, salaries, interest, rent, and profit; and an 
     output of goods and services valued at $965 million; and
       Whereas, a 2010 Economic Impact Analysis by the United 
     States Air Force, assisted by Boise State University, shows 
     that the estimated annual economic impact from the Mountain 
     Home Air Force Base is approximately $1.02 billion; and
       Whereas, the State of Idaho and the Department of Commerce 
     recognize that continued economic viability requires taking 
     care of existing business before expanding economic 
     development and attracting new business; and

[[Page S2813]]

       Whereas, it is anticipated that there could be another 
     round of Base Realignment and Closure in the near future; and
       Whereas, Mountain Horne Air Force Base has many strong 
     attributes, such as great airspace, many clear weather days 
     suitable for flying, and low possibility of encroachment 
     around the base; and
       Whereas, the uncertainty of a dependable water supply 
     necessary for future operation is the only weakness that 
     jeopardizes the future of Mountain Home Air Force Base: Now, 
     therefore, be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fifth Idaho Legislature, the Senate and the House 
     of Representatives concurring therein, that we support the 
     construction of a new pipeline to bring Snake River water to 
     Mountain Home Air Force Base to ensure the long-term 
     viability of the base; and be it further
       Resolved, That the Idaho Legislature urges the 
     congressional delegation for the State of Idaho to take any 
     further actions necessary to advance the pipeline project 
     through additional congressional action to authorize 
     construction and provide further Military Construction 
     (MILCON) Funds; and be it further
       Resolved, That the Secretary of the Senate 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-54. A concurrent resolution adopted by the Legislature 
     of the State of Hawaii urging the United States Congress to 
     enact legislation removing cannabis from the Federal 
     Controlled Substances Act and facilitate the full spectrum of 
     private banking services for cannabis-related business; to 
     the Committee on the Judiciary.

                   House Concurrent Resolution No. 89

       Whereas, 33 states, four United States territories, and the 
     District of Columbia have authorized the use of medical 
     cannabis; twenty-two states, the United States Virgin 
     Islands, and the District of Columbia have decriminalized 
     cannabis; and 10 states, the Northern Mariana Islands, the 
     District of Columbia, and three Native American tribes have 
     legalized adultuse of cannabis; and
       Whereas, data submitted by the Hawai'i Attorney General to 
     the United States Department of Justice over the past decade 
     indicates that there are over 1,000 arrests for cannabis 
     possession in Hawai'i each year, including hundreds of 
     juveniles who might not otherwise encounter the criminal 
     justice system, and that Native Hawaiians are 
     disproportionately arrested for cannabis possession; and
       Whereas, Hawai'i enacted Act 228, Session Laws of Hawai'i 
     2000, which authorized the acquisition, possession, and use 
     of medical cannabis, and authorized the establishment and 
     regulation of medical cannabis dispensaries through Act 241, 
     Session Laws of Hawai'i 2015; and
       Whereas, there are currently over 24,000 medical cannabis 
     patients registered with the Hawai'i Department of Health; 
     and
       Whereas, continued scheduling of cannabis under the federal 
     Controlled Substances Act impairs the ability of medical 
     cannabis dispensaries and other cannabis-related businesses 
     to operate without the prospect of federal seizures, 
     forfeitures, arrests, and other enforcement and prosecutorial 
     actions; and
       Whereas, alcohol and tobacco remain outside the purview of 
     the federal Controlled Substances Act and have significant 
     negative impacts on individual and public health, including 
     physical injuries, psychological and social harm, and the 
     onset of chronic, often fatal illnesses related to regular 
     use; and
       Whereas, Hawai'i's medical cannabis dispensaries and other 
     cannabis-related businesses, including those providing goods, 
     services, property, and facilities to cannabis-related 
     businesses, are hampered by the inability to obtain the full 
     spectrum of private banking services under federal law; and
       Whereas, legislation has been introduced in recent years by 
     members of Congress to facilitate the full spectrum of 
     banking services, including deposit insurance, for cannabis-
     related businesses: Now, therefore, be it
       Resolved by the House of Representatives of the Thirtieth 
     Legislature of the State of Hawai'i, Regular Session of 2019, 
     the Senate concurring, that this body hereby requests the 
     United States Congress to enact legislation that will remove 
     cannabis from the federal Controlled Substances Act and 
     facilitate the full spectrum of private banking services for 
     cannabis-related business: and be it further
       Resolved, That certified copies of this Concurrent 
     Resolution be transmitted to the President of the United 
     States, Vice President of the United States, President Pro 
     Tempore of the United States Senate, Speaker of the United 
     States House of Representatives, Majority Leaders and 
     Minority Leaders of the United States Senate and United 
     States House of Representatives, and members of Hawai'i's 
     congressional delegation with the respectful request that the 
     full and complete text of this Concurrent Resolution be 
     printed in the Congressional Record.
                                  ____

       POM-55. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the United States Congress to vote to 
     propose the Regulation Freedom Amendment to the United States 
     Constitution; to the Committee on the Judiciary.

                     Senate Joint Memorial No. 102

       Whereas, the growth and abuse of federal regulatory 
     authority threatens our constitutional liberties, including 
     those guaranteed by the Bill of Rights in the First, Second, 
     Fourth, and Fifth Amendments of our Constitution; and
       Whereas, federal regulators must be more accountable to 
     elected representatives of the people and not immune from 
     such accountability; and
       Whereas, the United States House of Representatives has 
     passed the Regulations from the Executive in Need of Scrutiny 
     (REINS) Act to require that Congress approve major new 
     federal regulations before they can take effect; and
       Whereas, even if enacted, a law may be repealed or waived 
     by a future Congress and President; and
       Whereas, an amendment to the United States Constitution 
     does not require the President's approval and cannot be 
     waived by a future Congress and President: Now, therefore, be 
     it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fifth Idaho Legislature, the Senate and the House 
     of Representatives concurring therein, that we hereby urge 
     the United States Congress to vote to propose the Regulation 
     Freedom Amendment to the United States Constitution as 
     follows:
       Whenever one quarter of the members of the United States 
     House of Representatives or the United States Senate 
     transmits to the President their written declaration of 
     opposition to a proposed federal regulation, it shall require 
     a majority vote of the House of Representatives and the 
     Senate to adopt that regulation; and be it further
       Resolved, That the Secretary of the Senate 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-56. A joint resolution adopted by the Legislature of 
     the State of South Dakota rescinding certain previous 
     applications made by the Legislature to the United States 
     Congress calling for a constitutional convention, or 
     convention of the states, for the purpose of amending the 
     Constitution of the United States; to the Committee on the 
     Judiciary.

                    House Joint Resolution No. 1004

       Whereas, the Legislature of the State of South Dakota, in 
     1907, adopted House Joint Resolution 2; in 1909, adopted 
     House Joint Resolutions 5 and 7; and in 1971, adopted House 
     Joint Resolution 503, making formal application to Congress 
     to call an Article V constitutional convention for the 
     purpose of altering the Constitution of the United States of 
     America: Now, therefore, be it
       Resolved, By the House of Representatives of the Ninety-
     Fourth Legislature of the State of South Dakota, the Senate 
     concurring therein, that House Joint Resolution 2, adopted in 
     1907; House Joint Resolutions 5 and 7, adopted in 1909; and 
     House Joint Resolution 503, adopted in 1971, of the 
     Legislature of the State of South Dakota, be rescinded; and 
     be it further
       Resolved, That the secretary of state transmit copies of 
     this resolution to the President of the United States, the 
     Speaker and Clerk of the United States House of 
     Representatives, the President and Secretary of the United 
     States Senate, the members of the South Dakota congressional 
     delegation, and the Governor of the State of South Dakota, 
     attesting the adoption of this resolution by the Legislature 
     of the State of South Dakota.
                                  ____

       POM-57. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the President of the United States and 
     United States Congress to take such action as necessary to 
     require the Secretary of the Interior and the Secretary of 
     Agriculture to recognize valid easements existing pursuant to 
     the 1866 Mining Act on lands under their respective 
     administrations without requiring citizens of the United 
     States to sue the government in order to enjoy the benefits 
     of such validly existing easement rights; to the Committee on 
     Energy and Natural Resources.

                     Senate Joint Memorial No. 106

       Whereas, approximately 63% of land in the State of Idaho is 
     public land controlled by the United States, primarily by the 
     Bureau of Land Management and the Forest Service, which makes 
     the right to cross federal land for delivery of water rights 
     to Idaho water users extremely important; and
       Whereas, the law of the United States, since the 1866 
     Mining Act, has recognized that a water user in the arid West 
     has the right to divert water from the rivers and streams 
     across federal land for use on private property for, among 
     other purposes, mining and agriculture. When the water user 
     has a water right appropriated under state law, the law 
     provides that a water user needs no approval from the federal 
     government for the diversion and beneficial use of the water 
     on the user's private property; and
       Whereas, the United States Congress passed the Federal Land 
     Policy and Management Act (FLPMA), as amended, in 1976, which 
     explicitly recognizes and protects easements and rights 
     existing on federal

[[Page S2814]]

     lands and recognizes under previous laws, such as the 1866 
     Mining Act, to deliver water appropriated under state law 
     across federal land to private property; and
       Whereas, Congress passed an amendment to FLPMA in 1986 
     known as the Colorado Ditch Bill Act, which explicitly 
     directs the Secretary of Agriculture to issue a permanent 
     easement for a water system involving reservoirs, canals, 
     ditches, flumes, laterals, pipes, pipelines, tunnels, and 
     other facilities and systems, for the impoundment, storage, 
     transportation, and distribution of water traversing federal 
     lands within the National Forest System when: (1) the water 
     system is used for agricultural irrigation or livestock 
     purposes; (2) the system that existed in 1976 has remained in 
     operation; (3) any enlargement of the system after 1976 
     requires separate authorization; (4) the user has a valid 
     state water right; and (5) the use involves some private 
     land. The water users were to supply the Forest Service with 
     evidence of the location of easements; and
       Whereas, the state of Idaho has had a comprehensive method 
     for recognizing the appropriation of waters of the state for 
     beneficial use under the priority doctrine since before 
     statehood; and
       Whereas, the State of Idaho recognized in 1984 the need to 
     adjudicate the water rights of this state and the Legislature 
     directed the Department of Water Resources to initiate the 
     Snake River Basin Adjudication (SRBA), as provided by Idaho 
     law, to facilitate the effective management of the waters 
     of the Snake River Basin and to engage in a comprehensive 
     adjudication of all surface and groundwater use in the 
     basin; and
       Whereas, the United States was a party to the SRBA, is 
     bound by the decrees of the SRBA court, and must recognize 
     the water rights of the Idaho water users as decreed by the 
     SRBA court; and
       Whereas, the SRBA issued more than 167,000 water rights and 
     issued its final unified decree in 2014, in which the SRBA 
     court decreed water rights with priority rights dating back, 
     in some instances, to the 1860s; and
       Whereas, Congress further directed that applications under 
     the Colorado Ditch Bill Act by easement holders be submitted 
     by the end of 1996 to assist the Secretary of Agriculture in 
     issuing permanent easements; and
       Whereas, the Secretary of Agriculture has not issued or 
     recognized many of these permanent easements, even though the 
     water rights have been decreed by the SRBA court and the 
     applications have been submitted as required by Congress more 
     than 20 years ago; and
       Whereas, certain interest groups are arguing that the 
     secretary must take actions harmful to the pre-FLPMA easement 
     holders because the secretary has not issued the mandated 
     easements; and
       Whereas, the vast majority of surface water rights in this 
     state were decreed with priority dates that preceded the 
     enactment of FLPMA in 1976, and those water uses are entitled 
     to the right to cross federal lands to deliver their state 
     water rights; and
       Whereas, there are many Idaho water users, such as the 
     members of the Salmon Headwaters Conservation Association, 
     that properly complied with the easement requirements 
     specified by the Colorado Ditch Bill Act to have their 
     permanent easement recognized by the United States, but are 
     now required to further expend resources on legal and 
     administrative processes to defend and protect their valid 
     existing Idaho water rights and associated rights-of-way 
     across federal land: Now, therefore be it
       Resolved, By the members of the First Regular Session of 
     the Sixty-fifth Idaho Legislature, the Senate and the House 
     of Representatives concurring therein, that we urge the 
     President of the United States and Congress to take such 
     action as necessary to require the Secretary of the Interior 
     and the Secretary of Agriculture to recognize valid easements 
     existing pursuant to the 1866 Mining Act on lands under their 
     respective administrations without requiring citizens of the 
     United States to sue the government in order to enjoy the 
     benefits of such validly existing easement rights; and be it 
     further
       Resolved, That the President and Congress take such action 
     as necessary to require the Secretary of Agriculture to 
     recognize valid easements existing prior to FLPMA on lands 
     within the National Forest System without requiring citizens 
     of the United States to sue the government in order to enjoy 
     the benefits of such validly existing rights; and be it 
     further
       Resolved, That in recognition that the Secretary of 
     Agriculture has not acted on applications submitted more than 
     20 years ago, the President and Congress are urged to take 
     such action as necessary to extend the deadline for filing 
     applications under FLPMA for an additional two years; and be 
     it further
       Resolved, That the President and Congress are urged to take 
     such action as necessary to require the Secretary of 
     Agriculture to refrain from interfering with the use of any 
     decreed water right by attempting under any federal law to 
     attach conditions on any 1866 Mining Act or FLPMA easements 
     crossing federal lands, especially in a manner that restricts 
     or conditions in any way the use of water on private land as 
     authorized by state laws; and be it further
       Resolved, That the Secretary of the Senate be, and she is 
     hereby authorized and directed to forward a copy of this 
     Memorial to the President of the United States, 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 
     Secretary of Agriculture, and to the Secretary of the 
     Interior.
                                  ____

       POM-58. A joint resolution adopted by the Legislature of 
     the State of Maine urging the President of the United States 
     and the United States Congress to support the pledges made by 
     the United States in the Paris Agreement; to the Committee on 
     Foreign Relations.

                            House Paper 1047

       Whereas, the year 2016 was the hottest year in the modem 
     temperature record; and
       Whereas, there is increasing consensus among scientists and 
     economists that there will be serious economic consequences 
     if we fail to reduce global carbon emissions quickly; and
       Whereas, a changing climate will irreversibly damage the 
     global economy; and
       Whereas, if left unaddressed, the consequences of a rising 
     global temperature have the potential to adversely affect all 
     Americans, hitting vulnerable populations hardest, hurting 
     working families and harming productivity in middle class job 
     sectors such as construction, agriculture and tourism, among 
     others; and
       Whereas, there has been an increase in extreme weather 
     events across the United States that have affected supply 
     chains, consumer behaviors and local economies; and
       Whereas, the Paris Agreement provides a pathway forward to 
     limit temperature rise to well below 2 degrees Celsius; and
       Whereas, the Paris Agreement sends a powerful signal to the 
     world that climate change is an immediate problem facing the 
     planet; and
       Whereas, if the United States withdraws from the Paris 
     Agreement, the United States will face an international 
     diplomatic backlash and will cede leadership on climate 
     change and renewable energy issues to China: Now, therefore, 
     be it
       Resolved, That We, your Memorialists, on behalf of the 
     people we represent, take this opportunity to respectfully 
     request that the President of the United States and the 
     United States Congress work with our allies that signed the 
     Paris Agreement; and be it further
       Resolved, That We respectfully urge and request that the 
     President of the United States not issue an Executive Order 
     withdrawing the United States from the Paris Agreement; and 
     be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Donald John Trump, President of the United 
     States, to the President of the United States Senate, to the 
     Speaker of the United States House of Representatives and to 
     each Member of the Maine Congressional Delegation.
                                  ____

       POM-59. A resolution adopted by the City Commission of 
     Coconut Creek, Florida urging the United States Congress to 
     pass the Energy Innovation and Carbon Dividend Act of 2019; 
     to the Committee on Finance.

                          ____________________