[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 14456-14461]
[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-217. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to the ``Colorado 
     Wilderness Act of

[[Page 14457]]

     1999''; to the Committee on Energy and Natural Resources.

                     House Joint Resolution 99-1020

       Whereas, H.R. 829, the ``Colorado Wilderness Act of 1999'', 
     proposes to designate another approximately one million four 
     hundred thousand acres of land in Colorado as wilderness 
     prior to the revision of many of Colorado's forest plans, 
     thereby usurping the United States Forest Service's land 
     management review process and ignoring the original 
     wilderness recommendations made to the United States Congress 
     by the United States Bureau of Land Management (``BLM'') that 
     totaled four hundred thirty-one thousand acres; and
       Whereas, H.R. 829 was drafted without input from either the 
     general public or local elected officials and does away with 
     local control over land management; and
       Whereas, Federal lands in Colorado have been exhaustively 
     studied for their wilderness suitability under the 
     ``Wilderness Act'' of 1964, the Department of Agriculture's 
     second roadless area review and evaluation (RARE II), the 
     wilderness evaluation by the BLM, the ``Colorado Wilderness 
     Act of 1980'', and the ``Colorado Wilderness Act of 1993''; 
     and
       Whereas, Many acres of federal lands slated for wilderness 
     designation do not qualify as pristine as required by the 
     ``Wilderness Act'' of 1964; and
       Whereas, The United States Congress considered the option 
     of wilderness designation of federal lands in Colorado and 
     designated several areas under the ``Wilderness Act'' of 1964 
     and approved two statewide wilderness bills. One of those 
     statewide wilderness bills was enacted in 1980 and classified 
     one million four hundred thousand acres as wilderness. The 
     other was enacted in 1993 and provided wilderness protection 
     for six hundred eleven thousand seven hundred acres, bringing 
     the total wilderness acreage in Colorado to three million 
     three hundred thousand to date; and
       Whereas, The United States Congress declared that lands 
     once studied and found to be unsuitable for wilderness 
     designation should be returned to multiple-use management; 
     and
       Whereas, H.R. 829 creates a federal reserved water right 
     for each wilderness area, an approach specifically rejected 
     in the 1980 and 1993 wilderness bills; and
       Whereas, The designation of downstream wilderness areas may 
     result in the application of the federal ``Clean Water Act of 
     1977'' requirements in a manner that interferes with existing 
     and future beneficial water uses in Colorado; and
       Whereas, The overall effect of the designation of 
     downstream wilderness areas will be to destroy Colorado's 
     ability to develop and use water allocated to the citizens of 
     this state and under interstate compacts, thereby forfeiting 
     Colorado's water to downstream states; and
       Whereas, Many of our rural economies are dependent on a 
     combination of multiple uses of our public lands, such as 
     timber production, oil, gas, and mineral development, and 
     motorized and mechanized recreation, all of which are 
     prohibited by a wilderness designation and also severely 
     inhibits the ability to conduct grazing activities on public 
     lands; and
       Whereas, Wilderness designations limit the land management 
     options available to public land managers to protect forest 
     health and dependent watersheds; and
       Whereas, Additional wilderness designation puts increased 
     pressure on the new designated lands as well as lands 
     currently open to multiple-use activities and limits access 
     to only the most physically capable individuals; now, 
     therefore, be it
       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado, the Senate 
     concurring herein;
       That the members of the Sixty-second General Assembly 
     oppose H.R. 829, the ``Colorado Wilderness Act of 1999''. Be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the United States 
     Secretary of the Interior, the Director of the United States 
     Bureau of Land Management, the President of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, and to each member of Colorado's delegation 
     in the United States Congress.
                                  ____

       POM-218. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to hardrock mining 
     activities; to the Committee on Energy and Natural Resources.

                     House Joint Resolution 99-1023

       Whereas, The mining industry is vital to the economy of 
     Colorado, with direct and indirect contributions to the 
     state's economy that exceed $7.7 billion annually; and
       Whereas, Hardrock miners are the highest paid industrial 
     workers in Colorado, earning average annual wages of 
     approximately $60,000; and
       Whereas, The producers of gold, silver, lead, zinc, 
     molybdenum, gypsum, and other minerals located under the 
     general mining laws provide a source of high paying jobs in 
     rural areas of Colorado whose economies are highly dependent 
     upon resource extraction; and
       Whereas, Lower mineral commodity prices and other economic 
     factors continue to challenge this industry making it 
     important that state and local governments fashion regulatory 
     programs that are cost effective and yet sufficient to 
     regulate the environmental impacts of hardrock mining 
     activities on public and private lands; and
       Whereas, The ``Federal Land Policy and Management Act of 
     1976'' requires that mineral activities on federal lands 
     protect the environment and prohibits any mining activity 
     that would result in unnecessary and undue degradation of 
     these areas; and
       Whereas, The Bureau of Land Management within the United 
     States Department of the Interior implements the mandate of 
     federal law through regulations codified at 43 C.F.R. subpart 
     3809, and these laws and regulations are among the many laws 
     that require mineral producers to protect air, water, 
     cultural, historic, fish, wildlife, and other resources; and
       Whereas, The division of minerals and geology in the 
     Colorado department of natural resources, through a 
     cooperative agreement with the Bureau of Land Management, is 
     the lead agency responsible for regulating mining activity on 
     both public and private lands; and
       Whereas, Colorado effectively regulates mining operations 
     pursuant to the ``Colorado Mined Land Reclamation Act'', part 
     1 of article 32 of title 34, Colorado Revised Statutes, that 
     sets forth very comprehensive permitting, bonding, 
     environmental management, monitoring, and reclamation 
     requirements for hardrock mining activities on both public 
     and private lands; and
       Whereas, The Colorado General Assembly strengthened this 
     law in 1993 requiring that mining operators using certain 
     toxic chemicals in mineral extraction meet more stringent 
     standards before receiving authorization to mine; and
       Whereas, The United States Department of the Interior, 
     through the Bureau of Land Management, has announced its 
     intention to propose revisions to 43 C.F.R. subpart 3809, 
     that would preempt, conflict with, and duplicate the very 
     effective state program now in place, and replace it with a 
     plenary federal program that may well lessen the 
     environmental protections available under state law; and
       Whereas, In 1998, the United States Congress enacted 
     legislation directing the National Academy of Sciences to 
     perform a study of the adequacy of state and federal laws 
     governing hardrock mining on public lands and submit its 
     findings and recommendations before the Department of the 
     Interior's Bureau of Land Management may finalize changes to 
     regulations under 43 C.F.R. subpart 3809; and
       Whereas, Notwithstanding the express mandate of Congress, 
     the Bureau of Land Management proposed revisions to the 
     regulations promulgated under 43 C.F.R. subpart 3809, in 
     February, 1999, before the National Academy of Sciences has 
     concluded, much less submitted, its study and 
     recommendations, and the Bureau of Land Management has failed 
     to consider the National Academy of Sciences' findings or 
     process in fashioning the various regulatory revisions 
     currently awaiting public comment; and
       Whereas, Any changes to the regulations promulgated under 
     43 C.F.R. subpart 3809 must be based upon sound science and 
     compelling policy reasons, and must take into account the 
     findings and recommendations of the National Academy of 
     Sciences' study before the Bureau of Land Management submits 
     its proposal for public comment, yet the comment period on 
     the proposed rules is set to expire on May 10, 1999, before 
     the National Academy of Sciences completes its study of 
     existing laws; now, therefore, be it
       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado, the Senate 
     concurring herein:
       1. That the General Assembly calls upon the United States 
     Department of the Interior and the Bureau of Land Management 
     to withdraw the current proposal to amend the federal 
     regulations, 43 C.F.R. subpart 3809 and published at 64 F.R. 
     6422 on February 9, 1999, governing hardrock mining activity.
       2. That the General Assembly calls upon the Bureau of Land 
     Management to await completion of the study currently 
     underway by the National Academy of Sciences of the adequacy 
     of hardrock mining regulations, which must be completed prior 
     to July 31, 1999, and that the Bureau of Land Management 
     refrain from publishing any further changes to the existing 
     rules before it has fully considered the results of the 
     study.
       3. That the General Assembly calls upon the Bureau of Land 
     Management, if it decides that further revisions to 43 C.F.R. 
     subpart 3809 are necessary, to fully explain in the preamble 
     to the new regulations how it fashioned its proposals in 
     response to the anticipated findings and conclusions of the 
     National Academy of Sciences' study and give the public at 
     least 90 days to comment on the proposed changes.
       4. That the General Assembly opposes changes to 43 C.F.R. 
     subpart 3809 that would preempt the existing Colorado 
     regulatory program or that would duplicate permitting and 
     other requirements.
       5. That the General Assembly calls upon the United States 
     Department of the Interior to consider that the mining 
     industry is one of the most heavily regulated industries in 
     the United States and that unreasonable

[[Page 14458]]

     delays in obtaining permits are a significant disincentive to 
     the location of new mines or expansion of existing mines in 
     the United States.
       6. That the General Assembly opposes the concept developed 
     as a result of 43 C.F.R. subpart 3809 of using the ``Most 
     Appropriate Technology and Practices'' which allows the 
     Bureau of Land Management to dictate what type of equipment 
     and technologies are employed by mining operators. Using the 
     ``Most Appropriate Technology and Practices'' would replace 
     the existing regulatory scheme that requires mining operators 
     meet performance standards, but allows the individual 
     operators to decide how the individual operator will meet 
     environmental standards.
       7. That the General Assembly specifically calls upon the 
     Bureau of Land Management to consider the economic impact on 
     mining and the communities dependent upon mining in Colorado 
     and other states.
       8. That the Bureau of Land Management specifically consider 
     the conclusions in the Fraser Report that found that Colorado 
     and many other states were ranked low in investment 
     attractiveness due, in part to the burden that government 
     regulation imposes on the industry. Colorado received a score 
     of only 24 out of a possible 100 in the Fraser Report.
       9. That the General Assembly further calls upon the 
     Congress of the United States to impose a moratorium on any 
     appropriations for the continuation or completion of the 
     current rulemaking until the Department of the Interior 
     withdraws the current rulemaking and agrees to fully consider 
     the findings and recommendations of the National Academy of 
     Sciences' study. Be it further
       Resolved, That a copy of this resolution be transmitted to 
     the Speaker of the United States House of Representatives, 
     the Majority Leader of the United States Senate, the 
     President of the United States, the Vice-president of the 
     United States, the Secretary of the United States Department 
     of the Interior, the Director of the Bureau of Land 
     Management, and each member of the Colorado Congressional 
     delegation.
                                  ____

       POM-219. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to the Environmental 
     Protection Agency's over-filing against regulated entities in 
     Colorado where Colorado has already taken enforcement action; 
     to the Committee on Environment and Public Works.

                     House Joint Resolution 99-1037

       Whereas, Protection of public health and the environment 
     are among the highest priorities of government that requires 
     a united and uniform effort at all levels of government; and
       Whereas, The United States Congress has enacted 
     environmental laws to ensure the protection of the nation's 
     environment and consequently the health of the citizens of 
     the United States; and
       Whereas, These federal environmental laws often provide for 
     the primacy of their administration and enforcement to be 
     delegated to the individual states; and
       Whereas, The United States Environmental Protection Agency 
     (EPA) is responsible for the administration and enforcement 
     of these federal environmental laws; and
       Whereas, States that have been delegated primacy have 
     demonstrated to the EPA that they have adopted laws, 
     regulations, and policies at least as stringent as federal 
     laws, regulations, and policies; and
       Whereas, The individual states are best able to administer 
     and enforce these environmental laws for the benefit of all 
     of their citizens and the citizens of the United States in 
     general; and
       Whereas, the EPA and the states have bilaterally developed 
     policy agreements over the past twenty-five years that 
     reflect the roles of the states and the EPA, recognizing that 
     the primary responsibility for enforcement action resides 
     with the individual states, with EPA taking enforcement 
     action principally where an individual state requests 
     assistance or is unwilling or unable to take timely and 
     appropriate enforcement action; and
       Whereas, Inconsistent with these policy agreements, the EPA 
     has levied fines and penalties against regulated entities in 
     cases where the state previously took appropriate action 
     consistent with the agreements to bring such entities into 
     compliance; and
       Whereas, Colorado statutes give authority to the 
     appropriate state agencies for the administration and 
     enforcement of state and federal environmental laws; and
       Whereas, The EPA continues to enforce federal environmental 
     laws despite Colorado's primacy and has acted in areas of 
     violations where the state has already acted; and
       Whereas, The EPA has been unwilling to recognize the 
     importance of Colorado's ability to develop methods for the 
     state to meet the standards established by the EPA and 
     federal environmental laws while recognizing state and local 
     concerns and circumstances unique to Colorado; and
       Whereas, A cooperative effort between the state and the EPA 
     is essential to ensure such consistency while making certain 
     to consider state and local concerns; and
       Whereas, The EPA has been hesitant to recognize that 
     economic incentives and rewarding compliance are acceptable 
     alternatives to acting only after violations have occurred; 
     and
       Whereas, The EPA's current enforcement practices and 
     policies result in detailed oversight and over-filing of 
     state actions causing the weakening of Colorado's ability to 
     take effective compliance actions and resolve environmental 
     issues; and
       Whereas, The current EPA enforcement policy and actions 
     have had and continue to have an adverse impact on working 
     relationships between the EPA and Colorado and many other 
     western states; and
       Whereas, The Western Governors' Association has adopted 
     ``Principles for Environmental Protection in the West'' which 
     encourages collaboration and not polarization between the EPA 
     and the states, and further encourages the replacement of the 
     command and control structure of the EPA with economic 
     incentives encouraging results and environmental decisions 
     that weigh costs against benefits in taking actions; now, 
     therefore, be it
       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado, the Senate 
     concurring herein:
       (1) That we ask Congress to require the EPA to recognize 
     that the State of Colorado has the requisite authority, 
     expertise, experience, and resources to administer delegated 
     federal environmental programs by:
       (a) Affording Colorado flexibility and deference in the 
     administration and enforcement of delegated federal 
     environmental programs;
       (b) Refraining from over-filing against recognized 
     violators where Colorado has negotiated a compliance action 
     in accordance with its approved EPA management systems, so 
     long as that compliance action achieves compliance with 
     applicable requirements; and
       (c) Allowing Colorado the ability to develop plans for 
     achieving national environmental standards established by the 
     EPA that are tailored to meet local conditions and 
     priorities.
       (2) That we ask Congress to require the EPA to enter into 
     memoranda of understanding with the individual states that 
     outline performance and set joint goals and measures to 
     ensure compliance with federal environmental laws while 
     recognizing that states that have achieved primacy in 
     environmental programs have the right to direct compliance 
     actions.
       (3) That we ask Congress to require the EPA to develop 
     policies and practices that recognize that:
       (a) Successful environmental policy and implementation are 
     best accomplished through balanced, open, inclusive 
     approaches where the public and private stakeholders work 
     together to formulate locally-based solutions to 
     environmental issues;
       (b) Threats of enforcement action to force compliance with 
     specific technology or processes may not result in 
     environmental protection but, instead, reward delay and 
     litigation, cripple incentives for technological innovation, 
     increase animosity between government, industry, and the 
     public, and increase the cost of environmental protection; 
     and
       (c) Effective management of environmental compliance is 
     dependent upon the EPA shifting its focus from threats of 
     enforcement action to one of compliance and the use of all 
     available technologies, tools, and actions of the individual 
     states. Be it further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, each member of Colorado's Congressional 
     Delegation, the Director of the Environmental Protection 
     Agency, the Director of the Environmental Protection Agency's 
     Office of Enforcement and Compliance Assistance, and the 
     Regional Administrator of EPA Region VIII.
                                  ____

       POM-220. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to the labeling of 
     agricultural products; to the Committee on Agriculture, 
     Nutrition, and Forestry.

                     House Joint Resolution 99-1043

       Whereas, It is essential that consumers have access to 
     accurate facts to make informed choices about the food they 
     purchase; and
       Whereas, Current federal legislation requires country-of-
     origin labeling on frozen produce, but not on meat, poultry, 
     or fresh produce, which creates a confusing double standard 
     for consumers; and
       Whereas, The current United States Department of 
     Agriculture policy of placing a grading label on imported 
     meats misleads consumers who believe the label means that the 
     product was produced in the United States; and
       Whereas, Many of the trading partners for the United States 
     require country-of-origin labels on food products produced in 
     the United States; and
       Whereas, It is estimated that 95% of the 625 million pounds 
     of meat imported into the United States annually is imported 
     for the purpose of additional processing and is therefore 
     exempt from import labeling provisions of the federal ``Pure 
     Food and Drug Act''; now, therefore, be it

[[Page 14459]]

       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado, the Senate 
     concurring herein:
       (1) That the General Assembly requests that the United 
     States Congress pass legislation requiring labels that 
     disclose the country of origin on meats, poultry, and fresh 
     produce; and
       (2) That the General Assembly requests that the United 
     States Congress pass legislation prohibiting meat and cattle 
     raised or produced outside of the United States and destined 
     for immediate slaughter from carrying the United States 
     Department of Agriculture quality grade label; and be it 
     further
       Resolved, That copies of this resolution be sent to the 
     President of the United States, the President of the Senate 
     and the Speaker of the House of Representatives of the United 
     States Congress, each member of the Congressional delegation 
     from Colorado, the Secretary of the United States Department 
     of Agriculture, and the Federal Trade Commission.
                                  ____

       POM-221. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to the ``Regional Haze 
     Rule''; to the Committee on Environment and Public Works.

                     House Joint Resolution 99-1047

       Whereas, The federal Environmental Protection Agency (EPA) 
     has promulgated the ``Regional Haze Rule'' which has general 
     national applicability as well as containing alternative 
     provisions that Colorado and other western states may utilize 
     to deal with regional haze problems; and
       Whereas, The Grand Canyon Visibility Transport Commission, 
     comprised of the states of Colorado, Arizona, California, New 
     Mexico, Nevada, Oregon, Utah, and Wyoming and the Acoma, 
     Hopi, Hualapai, and Navaho tribe, as well as federal 
     agencies, industry, and environmental groups, spent over 9 
     million dollars and 3 years of detailed study and analysis to 
     directly address regional haze problems and issued their 
     findings in the 1996 report entitled, ``Recommendations for 
     Improving Western Vistas''; and
       Whereas, The federal ``Regional Haze Rule'' ignores the 
     primary recommendations of the Grand Canyon Visibility 
     Transport Commission to seek to improve haze by regulating 
     all sources of haze, including visibility impairing emissions 
     arising from federal lands; and
       Whereas, The Grand Canyon Visibility Transport Commission 
     found that unless emissions from all sources of haze are 
     reduced, a recognizable improvement in visibility cannot be 
     achieved; and
       Whereas, Colorado is a receptor of haze attributable to 
     upwind sources such as emissions from fires on federal lands, 
     the Republic of Mexico, and sources located in other states; 
     and
       Whereas, Colorado has participated since 1996 with other 
     western states in the Western Regional Air Partnership 
     (WRAP), formed as the successor body to implement the Grand 
     Canyon Visibility Transport Commission's comprehensive 
     regional approach to control all sources of regional haze; 
     and
       Whereas, As the alternative regional provisions mandated in 
     the ``Regional Haze Rule'' prevent Colorado from receiving 
     credit in its state implementation plan (SIP) for controlling 
     sources of haze other than stationary sources which the Grand 
     Canyon Visibility Transport Commission report found are not a 
     primary cause of western haze; and
       Whereas, Prior to the promulgation of the ``Regional Haze 
     Rule'', in violation of procedural fair play, the EPA made 
     major substantive changes to the draft rule without making 
     those changes available for public comment; and
       Whereas, The United States Congress, in the 1998-99 EPA 
     appropriations measure, specifically recommended to the EPA 
     that the entire ``Regional Haze Rule'' be redrafted and made 
     available for full public participation and comment on the 
     substantive draft changes; and
       Whereas, Amendments by other agencies and by other persons 
     identified as representing ``western state interests'' to the 
     draft rule were offered by the EPA without the opportunity 
     for the general public to comment and without allowing for 
     states that participated in the WRAP to receive credit in 
     their SIPs for regulating sources of haze other than 
     stationary sources; now, therefore, be it
       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado, the Senate 
     concurring herein:
       (1) That the United States Congress is urged to subject the 
     ``Regional Haze Rule'' to congressional rule review, to 
     reject the rule, and return it to the EPA for proper 
     participation by all interested parties prior to promulgation 
     in accordance with the requirements of the federal 
     ``Administrative Procedures Act.''
       (2) That the member of the General Assembly respectfully 
     request the Governor of Colorado to withdraw from 
     participation in the WRAP until such time as the ``Regional 
     Haze Rule'' is revised to allow for effective participation 
     of the state of Colorado in control of all sources of haze on 
     an equal basis; and be it further
       Resolved, That copies of this resolution be sent to the 
     Governor of the State of Colorado, the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, each 
     member of Colorado's Congressional Delegation, the Director 
     of the Environmental Protection Agency, the Director of the 
     Environmental Protection Agency's Office of Enforcement and 
     Compliance Assistance, and the Regional Administrator of EPA 
     Region VIII.
                                  ____

       POM-222. A joint resolution adopted by the General Assembly 
     of the State of Colorado relative to the Endangered Species 
     Act of 1973; to the Committee on Environment and Public 
     Works.

                     House Joint Resolution 99-1051

       Whereas, the ``Endangered Species Act of 1973'' (ESA) needs 
     to be amended to encourage proactive species conservation 
     efforts at the state level rather than reactive, burdensome, 
     and costly efforts at the federal level; and
       Whereas, Merely listing a species as threatened or 
     endangered does little to conserve the species; and
       Whereas, Many state programs such as Colorado's nongame 
     program have been very successful in conserving species such 
     as the boreal toad without a federal listing; and
       Whereas, The ESA should provide incentives for states to 
     adopt proactive approaches to avoid the listing of species 
     under the ESA rather than penalizing such efforts; and
       Whereas, The ESA should be amended to provide that a 
     federal listing is not required where a state has already 
     adopted a program to protect the species unless it is 
     absolutely necessary to avoid nationwide extinction; and
       Whereas, If a state has an effective program to protect a 
     listed species in place, that program should be recognized as 
     a reasonable and prudent alternative under the ESA, thereby 
     providing a cost-effective means for species recovery, 
     maintaining state jurisdiction over land and water resources, 
     and allowing economic development to move forward; and
       Whereas, States should not be penalized for efforts to 
     enhance or establish populations of species by federal pre-
     emption once the species is listed, rather, such populations 
     should qualify as experimental under the ESA, thereby 
     maintaining control and regulation of the species by the 
     state; and
       Whereas, The ESA should not be applied retroactively, and 
     projects in existence prior to the passage of the ESA that 
     may come up for a federal permit or license renewal but do 
     not involve an expansion of the project or an increase in the 
     environmental impact of the project should not be subject to 
     consultation under Section 7 of the ESA; and
       Whereas, Federal implementation of the ESA to protect 
     aquatic species must consider state water rights, and any 
     recovery program should be structured to avoid or minimize 
     intrusion into state authority over water allocation and 
     administration; and
       Whereas, The administration's ``No Surprises'' policy 
     should be adopted as an amendment to the ESA so that permit 
     holders and landowners have some assurance that once ESA 
     requirements have been met, no further mitigation efforts 
     will be required; now, therefore, be it
       Resolved by the House of Representatives of the Sixty-
     second General Assembly of the State of Colorado (The Senate 
     concurring herein), That we, the members of the Sixty-second 
     General Assembly, urge Congress to adopt these amendments to 
     the federal ``Endangered Species Act of 1973''; and be it 
     further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and each member of Colorado's Congressional 
     delegation.
                                  ____

       POM-223. A joint resolution adopted by the Legislature of 
     the State of Nevada relative to air tours over the Grand 
     Canyon; to the Committee on Commerce, Science, and 
     Transportation.

                     Senate Joint Resolution No. 21

       Whereas, Tourism is the mainstay of the Nevada economy; and
       Whereas, The air tour industry is an exciting and strong 
     attraction for visitors to Southern Nevada; and Air tours 
     over the Grand Canyon have been a tourism tradition for more 
     than 70 years and this industry has maintained a strong 
     safety record; and
       Whereas, Approximately 800,000 visitors from around the 
     world enjoyed air tours of the Grand Canyon in 1996 and 
     500,000 of those visitors originated their flights in 
     Southern Nevada; and
       Whereas, Air tours are the only way that persons who have 
     certain physical disabilities can experience the grandeur of 
     the Grand Canyon; and
       Whereas, In 1996, a study conducted by the University of 
     Nevada, Las Vegas, estimated that air tourism to the Grand 
     Canyon using Southern Nevada air tour operators contributed 
     more than $374.8 million to the Southern Nevada economy; and
       Whereas, The study concluded that the Las Vegas Convention 
     and Visitors Authority generates air tour industry 
     expenditures of $49.8 million each year; and
       Whereas, The study determined that more than 142,000 
     foreign visitors, which constitutes 32.4 percent of all 
     foreign visitors,

[[Page 14460]]

     and more than 9,000 visitors from the United States, which 
     constitutes 23.7 percent of all visitors from within the 
     United States, would forego visits to Southern Nevada if the 
     Grand Canyon air tours were unavailable; and
       Whereas, Recent economic downturns in Asia have adversely 
     impacted tourism in Southern Nevada; and
       Whereas, The air tour industry provides visual access to 
     back country of the Grand Canyon including many of its most 
     spectacular sights, and without air tours, only a small 
     minority of visitors who have the time and physical ability 
     to hike in the canyon would be afforded the opportunity to 
     appreciate these magnificent sights; and
       Whereas, Air tours do not cause a permanent negative impact 
     on the fragile environment of the Grand Canyon as do some 
     other activities; and
       Whereas, In 1988, Special Federal Aviation Regulation 50-2 
     was enacted establishing routes, altitudes and reporting 
     requirements and as a result of this legislation, noise 
     complaints have been dramatically reduced and there has been 
     a substantial restoration of natural quiet to the Grand 
     Canyon; and
       Whereas, Since the enactment of the requirements of this 
     regulation, 92 percent of visitors to the park have reported 
     that they were not adversely affected by aircraft sounds, and 
     visitors to the back country have reported seeing or hearing 
     only one or two aircraft a day; and
       Whereas, The United States Forest Service concluded in 1992 
     that there were ``few adverse impacts to wilderness users'' 
     from aircraft tours and that the flights did not impair the 
     overall enjoyment of the wilderness or reduce the likelihood 
     of repeat visits; and
       Whereas, A hearing held on September 2, 1998, by the House 
     National Parks and Public Lands Subcommittee disclosed that 
     the National Park Service noise analysis failed to undergo 
     scientific modeling or peer review; and
       Whereas, The National Park Service disclosed on February 2, 
     1999, its intention to redefine the threshold for substantial 
     restoration of natural quiet in the air tour air space of 
     Grand Canyon National Park at a noticeability level of 8 
     decibels below natural ambient air sound; and
       Whereas, Air tour operators and acoustical experts conclude 
     that this higher threshold proposed by the National Park 
     Service would virtually shut down air tours in the east end 
     air space of the Grand Canyon National Park; and
       Whereas, The Federal Aviation Administration now proposes 
     to conduct an environmental assessment of air routes from Las 
     Vegas to the Grand Canyon based solely on sound that could 
     lead to further restriction or capping of flights; and
       Whereas, The Nevada Congressional Delegation, the Nevada 
     Commission on Tourism, the Las Vegas Convention and Visitors 
     Authority and McCarran International Airport repeatedly have 
     supported maintaining a viable Southern Nevada air tour 
     industry and continued air access to and from Las Vegas; now, 
     therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada 
     (jointly), That the Nevada Legislature expresses its concern 
     regarding any proposal to redefine the space in which 
     aircraft may be flown over the Grand Canyon and urges the 
     Congress of the United States to effect an outcome for the 
     Southern Nevada air tour industry that will protect, support 
     and sustain the viability of this significant contributor to 
     the tourism economy of the State of Nevada and the enjoyment 
     of visitors and sightseers; 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, each member of the 
     Nevada Congressional Delegation, the Grand Canyon Air Tour 
     Council and the United States Air Tour Association; and be it 
     further
       Resolved, That this resolution becomes effective upon 
     passage and approval.
                                  ____

       POM-224. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to the 
     ``Nuclear Waste Policy Act of 1999''; to the Committee on 
     Energy and Natural Resources.

                        House Resolution No. 40

       Whereas, Enactment of H.R. 45, the Nuclear Waste Policy Act 
     of 1999, would allow movement of spent nuclear fuel from 78 
     individual locations in 35 states to a single location. A 
     permanent underground repository is needed to provide safe 
     and secure long-term disposal of this spent fuel and waste; 
     and
       Whereas, The deadline for acceptance of spent fuel and 
     waste by the Department of Energy was one year ago. H.R. 45 
     would accelerate acceptance of spent fuel and waste by the 
     Department of Energy by authorizing an interim storage 
     facility at Yucca Mountain; and
       Whereas, Michigan residents deserve protection of the 
     $323.8 million investment they have made toward the 
     construction of a permanent site. They have every right to 
     demand that the federal government honor its commitment to 
     the nation in a timely and cost-effective manner. There can 
     be no further delay in carrying out the provisions of the 
     Nuclear Waste Policy Act of 1982. Michigan residents are 
     entitled to the safety and economic benefit to be gained by 
     permanent disposal; now, therefore, be it
       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact the 
     Nuclear Waste Policy Act of 1999; and be it further
       Resolved, That a copy 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-225. A concurrent resolution adopted by the Legislature 
     of the State of Michigan relative to the ``World War II 
     Memorial Completion Act''; to the Committee on Veterans' 
     Affairs.

                   House Concurrent Resolution No. 35

       Whereas, Public Law 103-32, signed in 1993, authorized the 
     establishment of a memorial to the valor of World War 
     veterans. The men and women who fought and who died during 
     the century's darkest hours to secure the freedoms we enjoy 
     today command our lasting gratitude. Their supreme sacrifies 
     continue to touch every American. The World War II Memorial 
     is a small but important step in repaying the immeasurable 
     debt we owe these individuals. Many of these men and women 
     have continued serving their country in community service 
     organizations, such as the Veterans of Foreign Wars and the 
     American Legion. This legislation set in motion a long 
     process of securing support, establishing a site and design, 
     and working with the American Battle Monuments Commission and 
     the National Park Service to bring this project to 
     completion; and
       Whereas, in an effort to expedite the establishment of this 
     memorial and to ensure adequate funding for its repair and 
     maintenance in perpetuity, Congress has before it H.R. 1247, 
     the World War II Memorial Completion Act. This bill addresses 
     a variety of issues, especially refining powers and purposes 
     of the fund created to handle the collection and disbursement 
     of money, including the authority to borrow, as well as the 
     protection of intellectual property and licensing rights 
     related to the memorial; and
       Whereas, The World War II Memorial, which is to be located 
     in the National Mall in Washington, is an important 
     expression of the nation's debt to a remarkable generation. 
     The World War II Memorial Completion Act will play a vital 
     role in ensuring the success of this venture to perpetuate 
     for future generations the memory of valor and sacrifices 
     that must never be forgotten; now, therefore, be it;
       Resolved by the House of Representatives (the Senate 
     concurring), That we memorialize the Congress of the United 
     States to enact the World War II Memorial Completion Act. We 
     urge all parties involved to work cooperatively toward the 
     completion of this important piece of our country's history; 
     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-226. A resolution adopted by the House of the 
     Legislature of the State of Michigan relative to the ``World 
     War II Memorial Completion Act''; to the Committee on 
     Veteran's Affairs.

                        House Resolution No. 101

       Whereas, Public Law 103-32, signed in 1993, authorized the 
     establishment of a memorial to the valor of World War II 
     veterans. The men and women who fought and who died during 
     the century's darkest hours to secure the freedoms we enjoy 
     today command our lasting gratitude. Their supreme sacrifices 
     continue to touch every American. The World War II Memorial 
     is a small but important step in repaying the immeasurable 
     debt we owe these individuals. Many of these men and women 
     have continued serving their country in community service 
     organizations, such as the Veterans of Foreign Wars and the 
     American Legion. This legislation set in motion a long 
     process of securing support, establishing a site and design, 
     and working with the American Battle Monuments Commission and 
     the National Park Service to bring this project to 
     completion; and
       Whereas, in an effort to expedite the establishment of this 
     memorial and to ensure adequate funding for its repair and 
     maintenance in perpetuity, Congress has before it H.R. 1247, 
     the World War II Memorial Completion Act. This bill addresses 
     a variety of issues, especially refining powers and purposes 
     of the fund created to handle the collection and disbursement 
     of money, including the authority to borrow, as well as the 
     protection of intellectual property and licensing rights 
     related to the memorial; and
       Whereas, The World War II Memorial, which is to be located 
     on the National Mall in Washington, is an important 
     expression of the nation's debt to a remarkable generation. 
     The World War II Memorial Completion Act will play a vital 
     role in ensuring the success of this venture to perpetuate 
     for future generations the memory of valor and sacrifices 
     that must never be forgotten; now, therefore, be it

[[Page 14461]]


       Resolved by the House of Representatives, That we 
     memorialize the Congress of the United States to enact the 
     World War II Memorial Completion Act. We urge all parties 
     involved to work cooperatively toward the completion of this 
     important piece of our country's history; 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.

                          ____________________