[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 13952-13953]
[From the U.S. 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-210. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     abandoned mine reclamation; to the Committee on 
     Appropriations.

                        House Resolution No. 123

       Whereas, The biggest water pollution problem facing this 
     Commonwealth today is polluted water draining from abandoned 
     coal mines; and
       Whereas, Over half the streams that do not meet water 
     quality standards in this Commonwealth are affected by mine 
     drainage; and
       Whereas, This Commonwealth has over 250,000 acres of 
     abandoned mine lands, refuse banks and old mine shafts in 45 
     of Pennsylvania's 67 counties, more than any other state in 
     the nation; and
       Whereas, The Department of Environmental Protection 
     estimates it will cost more than $15 billion to reclaim and 
     restore abandoned mine lands; and
       Whereas, The Commonwealth now receives about $20 million a 
     year from the Federal Government to do reclamation projects; 
     and
       Whereas, There is now a $1 billion balance in the Federal 
     Abandoned Mine Reclamation Trust Fund that is set aside by 
     law to take care of pollution and safety problems caused by 
     old coal mines; and
       Whereas, Pennsylvania is the fourth largest coal producing 
     state in the nation, and coal operators contribute 
     significantly to the fund by paying a special fee for each 
     ton of coal they mine, and
       Whereas, The Department of Environmental Protection and 39 
     county conservation districts through the Western and Eastern 
     Pennsylvania Coalitions for Abandoned Mine Reclamation have 
     worked as partners to improve the effectiveness of mine 
     reclamation programs; and
       Whereas, Pennsylvania is not seeking to rely on the Federal 
     appropriation to solve the abandoned mine lands problem in 
     Pennsylvania and is actively considering additional funding 
     on its own; and
       Whereas, Pennsylvania has been working with the Interstate 
     Mining Compact Commission, the National Association of 
     Abandoned Mine Land Programs and other states to free more of 
     these funds to clean up abandoned mine lands; and
       Whereas, Making more funds available to states for 
     abandoned mine reclamation should preserve the interest 
     revenues now being made available for the United Mine Workers 
     Combined Benefit Fund; and
       Whereas, The Federal Office of Surface Mining, the United 
     States Environmental Protection Agency and Congress have not 
     agreed to make more funds available to states for abandoned 
     mine reclamation; therefore be it
       Resolved, That the House of Representatives of Pennsylvania 
     urge the President of the United States and Congress make the 
     $1 billion of Federal moneys already earmarked for abandoned 
     mine land reclamation available to states to clean up and 
     make safe abandoned mine lands; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, to the presiding officers 
     of each house of Congress and to each member of Congress.
                                  ____

       POM-211. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to 
     diabetic treatment; to the Committee on Governmental Affairs.

                        House Resolution No. 175

       Whereas, There are 15.7 million diabetics in the United 
     States, 40% of whom do not know they have the disease; and
       Whereas, Almost 20% of people over 65 years old have 
     diabetes; and
       Whereas, Diabetes is the seventh leading cause of death in 
     the United States and the third leading cause of death by 
     disease in Pennsylvania; and
       Whereas, Nationwide there are 187,000 diabetes-related 
     deaths annually, including an estimated 12,000 diabetes-
     related deaths in Pennsylvania each year, three times the 
     number of deaths from AIDS, Alzheimer's disease and homicide; 
     and
       Whereas, Diabetes is a controllable disease in which sharp 
     reductions in rates of complications can be obtained with 
     proper management of blood glucose levels, specifically, a 
     56% reduction in the incidence of kidney disease, a 60% 
     reduction in blindness and a 61% reduction in nerve disease; 
     and
       Whereas, The Pennsylvania Health Care Cost Containment 
     Council, in its report on the act of October 16, 1998 (P.L. 
     784, No. 98) (Act 98 of 1998), stated that it ``finds 
     evidence to suggest that providing diabetics with supplies, 
     medication, self-management education and medical nutrition 
     therapy can be both medically and cost effective''; and
       Whereas, In 1998, Pennsylvania became the 30th state to 
     require private and group health insurance plans to provide 
     comprehensive coverage for diabetic supplies and self-
     management training; and
       Whereas, Act 98 of 1998 provides new benefit coverage to an 
     estimated 4.5 million Pennsylvanians who have health 
     insurance policies that can be regulated by the State; 
     however, no State mandate applies to insurance programs run 
     or regulated by the Federal Government; and
       Whereas, The Federal Government has provided for general 
     Medicare coverage of some supplies needed for persons with 
     diabetes; however, insulin and syringes are excluded; and
       Whereas, A large number of individuals who have insurance 
     under self-funded health plans regulated by the Employee 
     Retirement Income Security Act of 1974 have no guarantee of 
     any sort of coverage; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize Congress to enact 
     the same mandated benefits as contained in Act 98 of 1998 in 
     all Federal insurance programs and all federally regulated, 
     self-funded health insurance programs governed by the 
     Employee Retirement Income Security Act of 1974; and be it 
     further
       Resolved, That copies of this resolution be transmitted to 
     the presiding officers of each house of Congress and to each 
     member of Congress from Pennsylvania.
                                  ____

       POM-212. A resolution adopted by the House of the General 
     Assembly of the Commonwealth of Pennsylvania relative to the 
     municipal waste; to the Committee on Environment and Public 
     Works.

                        House Resolution No. 192

       Whereas, The United States Supreme Court has issued a 
     series of decisions holding that the Commerce Clause of the 
     Constitution of the United States prohibits states from 
     restricting the importation of solid waste from other states; 
     and
       Whereas, Over the past ten years, owners and operators of 
     solid waste landfills located in the Commonwealth of 
     Pennsylvania have significantly increased the amount of 
     unwanted municipal waste they accept from other states; and
       Whereas, New York City released a long-term waste 
     management plan on December 2, 1998, that allows New York 
     City to close the Fresh Kills Landfill as planned on December 
     31, 2001, and calls for the exportation of approximately 
     13,000 tons of solid waste a day now disposed of at the Fresh 
     Kills Landfill to Pennsylvania and other states; and
       Whereas, The states of Pennsylvania, West Virginia, 
     Virginia, New Jersey and Maryland notified the Mayor of New 
     York City that the recently released plan to manage waste 
     displaced by the closure of the Fresh Kills Landfill did not 
     adequately address limiting the exportation of waste or other 
     viable waste management alternatives; and
       Whereas, The present and projected future levels of 
     unwanted municipal waste that owners and operators of 
     landfills and incinerators located in this Commonwealth 
     import from other states pose environmental, aesthetic and 
     traffic problems and are unfair to citizens of this 
     Commonwealth, particularly citizens living in areas where 
     landfills and incinerators are located; and
       Whereas, In 1988 the Commonwealth enacted a law designed to 
     reduce the need for additional landfills and incinerators by 
     requiring and encouraging recycling of certain materials; and
       Whereas, Pennsylvania has met its recycling goal of 25% and 
     has established a new goal of 35% by the year 2003; and
       Whereas, It is within the power of the Congress of the 
     United States to delegate authority to the states to restrict 
     the amount of unwanted municipal waste they import from other 
     states; and
       Whereas, Legislation has been introduced in Congress which 
     will regulate and restrict the amount of unwanted municipal 
     waste imported from other states; and
       Whereas, Governor Thomas J. Ridge and the governors of the 
     Great Lakes States of Ohio, Michigan and Indiana wrote to 
     Congress expressing their desire to reach an accord on 
     authorizing states to place reasonable limits on the 
     importation of solid waste; and
       Whereas, The failure of Congress to act will harm this 
     Commonwealth by allowing the continued unrestricted flow of 
     solid waste generated in other states to landfills and 
     incinerators located in this Commonwealth; therefore be it
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     Congress of the United States and the states to support 
     legislation authorizing states to restrict the amount of 
     solid waste being imported from other states and creating a 
     rational solid waste management strategy that is equitable 
     among the states and environmentally sound; and be if further
       Resolved, That the House of Representatives of the 
     Commonwealth of Pennsylvania memorialize the President and 
     Congress of

[[Page 13953]]

     the United States to support legislation that gives 
     communities hosting landfills and incinerators the right to 
     decide by agreement whether to accept waste from other states 
     and that creates a rational municipal waste management 
     strategy that is equitable among the states and 
     environmentally sound; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the presiding officers of 
     each house of Congress and to each member of Congress from 
     Pennsylvania.
                                  ____

       POM-213. A resolution adopted by the County Commission, 
     Knox County, Tennessee relative to the Department of Energy 
     and Oak Ridge Facilities; to the Committee on Appropriations.
       POM-214. A joint resolution adopted by the legislature of 
     the State of Nevada relative to the Payments in Lieu of Taxes 
     Act; to the Committee on Appropriations.

                     Senate Joint Resolution No. 1

       Whereas, The Federal Government manages and controls 
     approximately 87 percent of the land in the State of Nevada, 
     and in several counties in the State of Nevada the Federal 
     Government manages and controls between 97 and 99 percent of 
     the land; and
       Whereas, Because the land managed and controlled by the 
     Federal Government in the State of Nevada is not taxable, 
     counties that have an extensive amount of such land located 
     within their boundaries experience tremendous fiscal burdens; 
     and
       Whereas, Congress enacted the Act of October 20, 1976, 
     which, as amended, is commonly known as the Payments In Lieu 
     of Taxes Act, and which requires the Federal Government to 
     make annual payments to local governments to compensate the 
     local governments for the loss of revenue they experience 
     because of the presence of certain land within their 
     boundaries that is managed and controlled by the Federal 
     Government; and
       Whereas, Pursuant to the Act, the Secretary of the Interior 
     is required to make a payment for each fiscal year to each of 
     the 17 counties in the State of Nevada because those counties 
     have such land within their boundaries, including land that 
     is administered by the Bureau of Land Management, the 
     National Park Service, the United States Fish and Wildlife 
     Service and the United States Forest Service; and
       Whereas, The Bureau of Land Management was chosen by the 
     Secretary of the Interior to administer the payments required 
     to be made pursuant to the Act; and
       Whereas, Congress appropriates money each year that the 
     Bureau of Land Management distributes to the counties in the 
     State of Nevada and other states pursuant to a statutory 
     formula set forth in the Act; and
       Whereas, From the inception of the payments in 1977 to the 
     end of the 1997-98 fiscal year, the money appropriated by 
     Congress has been insufficient to provide full payment to the 
     counties in the State of Nevada pursuant to the statutory 
     formula; now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the 70th session of the Nevada 
     Legislature hereby urge Congress to appropriate for 
     distribution to the counties in the State of Nevada the 
     amount of money necessary to correct the underpayments to 
     those counties pursuant to the Act for the previous fiscal 
     years; and be it further
       Resolved, That in lieu of an appropriation by Congress to 
     correct such underpayments, the members of the 70th session 
     of the Nevada Legislature hereby urge Congress to authorize 
     the transfer of land of equivalent value from the Federal 
     Government to the affected counties in the State of Nevada; 
     and be it further
       Resolved, That the Secretary of the Senate of the Nevada 
     Legislature prepare and transmit a copy of this resolution to 
     the Vice President of the United States as presiding officer 
     of the United States Senate, the Speaker of the House of 
     Representatives, the Secretary of the Interior, the Director 
     of the Bureau of Land Management and each member of the 
     Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-215. A joint resolution adopted by the legislature of 
     the State of Nevada relative to land management and 
     livestock; to the Committee on Energy and Natural Resources.

                     Senate Joint Resolution No. 12

       Whereas, The livestock industry comprises a significant 
     portion of the rural economy of the State of Nevada; and
       Whereas, Recent declines in the authorization of the 
     grazing of livestock on public lands in this state and 
     throughout the West have had measurable negative impacts on 
     the economic viability of ranchers and rural communities; and
       Whereas, Studies by federal agencies have revealed that 
     public lands have improved or are improving through the use 
     of controlled grazing of livestock on public lands; and
       Whereas, Recent management policies and directives 
     established by federal agencies including the Bureau of Land 
     Management of the United States Department of the Interior 
     and the Forest Service of the United states Department of 
     Agriculture have resulted in significant and costly 
     reductions in the number of livestock allowed to graze on 
     public lands in this state; and
       Whereas, These reductions are having a negative effect on 
     the value of ranches and the economic viability of ranchers 
     who depend on the use of public land for the successful 
     production of livestock, resulting in an adverse effect on 
     the economic condition of the State of Nevada; and
       Whereas, Continuation of these federal policies will have 
     adverse effects that are far reaching and costly, including 
     an increase in wildfires, a diminished tax base, loss of 
     wildlife habitat and a decrease in economic activity; now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     Jointly, That the members of the Nevada Legislature do hereby 
     encourage the United States Congress to support all efforts 
     for the establishment of a working partnership between 
     federal land management agencies, local governments and other 
     interested parties on issues relating to the use of public 
     lands; and be it further
       Resolved, That this legislative body supports all efforts 
     to review the methodologies and practices that have been 
     employed by public land management agencies which have 
     resulted in the unnecessary reduction in the use of public 
     lands by ranchers for the grazing of livestock; and be it 
     further
       Resolved, That the Division of Agriculture of the 
     Department of Business and Industry is hereby encouraged to 
     develop a statewide database to further demonstrate the 
     cumulative losses to this state and its counties because of 
     the reduction in the use of public land for the grazing of 
     livestock; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as presiding officer of the Senate, the 
     Speaker of the House of Representatives, the Secretary of the 
     Interior, the Secretary of Agriculture, each member of the 
     Nevada Congressional Delegation and the Executive Director of 
     the Nevada Association of Counties; and be it further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-216. A joint resolution adopted by the legislature of 
     the State of Montana relative to the American Heritage Rivers 
     initiative; to the Committee on Energy and Natural Resources.

                               Resolution

       Whereas, the President of the United States has, by 
     Executive Order 13061, created the American Heritage Rivers 
     initiative; and
       Whereas, the initiative allows a local river community to 
     nominate its river for designation by the President as an 
     American Heritage River; and
       Whereas, the initiative provides no meaningful protection 
     of state or private property along designated rivers; and
       Whereas, the initiative creates a new layer of federal 
     bureaucracy and engages 12 federal agencies in its 
     implementation; now, therefore, be it
       Resolved by the Senate and the House of Representatives of 
     the State of Montana, That the Montana Legislature oppose the 
     nomination or designation of any river in Montana as an 
     American Heritage River under the American Heritage Rivers 
     initiative; be it further
       Resolved, That the Secretary of State send copies of this 
     resolution to the President of the United States, the Vice 
     President of the United States, the President Pro Tempore of 
     the Senate of the U.S. Congress, the Speaker of the House of 
     Representatives of the U.S. Congress, the Chair of the 
     Council on Environmental Quality, and the Montana 
     Congressional Delegation.

                          ____________________