[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[Senate]
[Pages 10464-10466]
[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-94. A resolution adopted by the City Commission of Fort 
     Lauderdale, Florida relative to beach erosion control 
     projects; to the Committee on Environment and Public Works
       POM-95. A resolution adopted by the Board of County 
     Commissioners of Broward County, Florida relative to beach 
     erosion control projects; to the Committee on Environment and 
     Public Works.
       POM-96. A petition of proposed legislation presented by the 
     Council on Administrative Rights entitled ``Unifies Voting 
     Rights Act''; to the Committee on Rules and Administration.
       POM-97. A petition of proposed legislation presented by the 
     Council on Administrative Rights entitled ``Rapid Response''; 
     to the Committee on the Judiciary.
       POM-98. A petition of proposed legislation presented by the 
     Council on Administrative Rights entitled ``Education 3000''; 
     to the Committee on Health, Education, Labor and Pensions.
       POM-99. A petition of proposed legislation presented by the 
     Council on Administrative Rights entitled ``Health America''; 
     to the Committee on Health, Education, Labor, and Pensions.
       POM-100. A petition of proposed legislation presented by 
     the Council on Administrative Rights entitled ``American 
     Equality''; to the Committee on the Judiciary.
       POM-101. A resolution adopted by the legislature of the 
     State of Minnesota relative to special education costs; to 
     the Committee on Appropriations.

                            Resolution No. 2

       Whereas, in 1975 the Congress passed Public Law Number 94-
     142, the Individuals with Disabilities Education Act, and 
     provided a national framework for providing free, appropriate 
     public education to all students regardless of the level or 
     severity of disability; and
       Whereas, Congress in its initial passage of the Individuals 
     with Disabilities Education Act declared its intent to fund 
     40 percent of special education costs; and
       Whereas, the federal government's share of funding for 
     special education costs in Minnesota has never exceeded 15 
     percent of total special education costs; and
       Whereas, since the passage of the Individuals with 
     Disabilities Education Act, the states have been primarily 
     responsible for providing funding for special education 
     services; and
       Whereas, special education services are being provided to 
     all eligible children in the state of Minnesota; and
       Whereas, many states, including Minnesota, must provide 
     substantial state funding to fill the gaps left by Congress's 
     unfunded promise; and
       Whereas, the recent increases in federal funds for schools, 
     including the increases in special education funding, have 
     come with substantial mandates and limitations on the use of 
     funds; and
       Whereas, Congress is now currently debating the most 
     effective ways to improve education among the states; and
       Whereas, the federal government is now estimating a surplus 
     of $5,600,000,000,000 over the next ten years; Now, 
     therefore, be it
       Resolved by the Legislature of the State of Minnesota, That 
     Congress should speedily adhere to the goal set forth in the 
     Individuals with Disabilities Education Act and appropriate 
     to the states significant, genuine assistance to meet the 
     needs of students with disabilities and to relieve schools 
     from the necessity of cross-subsidizing special education 
     revenue with general education revenue. Be it further
       Resolved, That the Secretary of State of the State of 
     Minnesota is directed to prepare copies of this memorial and 
     transmit them to the President of the United States, the 
     President and Secretary of the Senate, the

[[Page 10465]]

     Speaker and Clerk of the House of Representatives, and 
     Minnesota's Senators and Representatives in Congress.
                                  ____

       POM-102. A resolution adopted by the Legislature of the 
     State of Minnesota relative to funding for the improvement 
     and rehabilitation of waterways; to the Committee on 
     Environment and Public Works.

                            Resolution No. 4

       Whereas, waterway transportation is the most efficient 
     means of transporting bulk commodities, transports more tons 
     per gallon of fuel than either rail or truck while causing 
     fewer accidents, less noise pollution, and fewer fatalities 
     and traffic delays, provides a positive quality of life to 
     the citizens of Minnesota, and is the most environmentally 
     sound mode of transportation available; and
       Whereas, because of its geographic location, Minnesota is 
     disadvantaged by the distance commodities must travel when 
     transported between Minnesota and domestic and international 
     markets; and
       Whereas, farm products, petroleum, coal, aggregates, 
     fertilizer, salt, iron ore, metal products, and other bulk 
     commodities needed by agriculture, industry, and the public 
     sector are essential components of commerce and vital to the 
     continued health of our national, local, and state economies; 
     and
       Whereas, the inland waterway lock and dam system provides 
     recreational and eco-tourism opportunities to Minnesota, a 
     reliable water source of 25 billion gallons per year for 
     residential and industrial use in the Twin Cities area, and a 
     cooling source for power plants which provide over 4,800 
     Minnesota jobs; and
       Whereas, our transportation infrastructure enables 
     agricultural products and other exported commodities to 
     compete successfully in international markets and leads 
     toward a favorable balance of trade for our national economy; 
     and
       Whereas, our waterway transportation infrastructure shares 
     the public waters with the natural environment; and
       Whereas, the natural environment provides public benefits 
     such as recreation, tourism, domestic and industrial water 
     supply, and scientific and educational opportunities which 
     are also important elements to Minnesota's economy; and
       Whereas, the Upper Mississippi River is a natural resource 
     of statewide, regional, national, and international 
     importance due to its status as one of the largest floodplain 
     areas in the world, its importance as a migratory corridor 
     for 40 percent of all North American Waterfowl and the 
     sanctuary it provides to more than 200 species of threatened, 
     endangered, or rare plants and animals; and
       Whereas, the Great Lakes Seaway serves Minnesota by moving 
     its bulk products to domestic and foreign destinations, 
     amounting to over 65 million tons annually, including 43 
     million tons of Minnesota iron ore to steel mills in 
     Michigan, Indiana, Ohio, and Pennsylvania; and
       Whereas, although dredging and maintenance of the seaway 
     system is financed by the users, financing of the new Sault 
     Ste. Marie Lock (owned and operated by United States Army 
     Corps of Engineers) will be shared by the federal government 
     and the eight seaway states on a prorated tonnage basis, 
     requiring an estimated $18 million from the state to be paid 
     over a 50-year period; and
       Whereas, the inland waterway system moves 17 million tons 
     of bulk commodities annually between Minnesota and the 
     eastern seaboard and Gulf states, including approximately 10 
     million tons of agricultural products exported through gulf 
     ports; and
       Whereas, dredging and maintenance costs of the inland 
     waterway are paid out of federal funds, and financing of 
     capital improvements to the inland waterway system is 50 
     percent from federal funds and 50 percent from the Inland 
     Waterways Trust Fund, funded by a 20 cent per gallon fuel tax 
     paid by waterway shippers; and
       Whereas, the river industry has been taxed on fuel since 
     1980, and since the Inland Waterways Trust Fund was 
     instituted in 1986, the Upper Mississippi River basin has 
     contributed 40 percent of the funds and received only 15 
     percent return for capital improvements, making the Upper 
     Midwest a tax donor region to the Ohio River valley and 
     others; and
       Whereas, the Port Development Assistance Program is the 
     vehicle to rehabilitate Minnesota's public ports on the 
     Mississippi River and Lake Superior; and
       Whereas, this program updates and improves the operation 
     and efficiency of the ports to keep them viable and 
     competitive; and
       Whereas, the 1996, 1998, and 2000 Minnesota legislatures 
     appropriated funds for this program, and the 2001 legislature 
     will be requested to appropriate an additional $3 million to 
     this program; Now, therefore, be it
       Resolved that the Minnesota Legislature, Supports 
     Minnesota's pro rata participation in financing new 
     construction at the Sault Ste. Marie Lock, Be it further
       Resolved, That the Legislature formally recognizes the 
     Upper Mississippi River as a river of statewide significance 
     for natural, navigational, and recreational benefits. Be it 
     further
       Resolved, That the Legislature recognizes the critical 
     habitat restoration and rehabilitation needs on the Upper 
     Mississippi River. Be it further
       Resolved, That the Legislature recognizes the importance of 
     inland waterway transportation to Minnesota agriculture and 
     to the economy of the state, the region, and the nation and 
     urges Congress to authorize funding to improve transportation 
     efficiency and restore the ecological values of the Upper 
     Mississippi River System. Be it further
       Resolved, That the Legislature supports the continued 
     funding of the Port Development Assistance Program in 
     recognition of the essential and fundamental contribution the 
     Great Lakes and inland waterway transportation systems make 
     to Minnesota's economy and to sustainable environmental 
     programs. Be it further
       Resolved, That the Secretary of the State of Minnesota is 
     directed to prepare copies of this memorial and transmit them 
     to the President and the Secretary of the United States 
     Senate, the Speaker and the Clerk of the United States House 
     of Representatives, the chair of the Senate Committee on 
     Commerce, Science, and Transportation, the chair of the House 
     Committee on Transportation and Infrastructure, and 
     Minnesota's Senators and Representatives in Congress.
                                  ____

       POM-103. A resolution adopted by the Legislature of the 
     State of Minnesota relative to the Railroad Unemployment 
     Insurance Act; to the Committee on Health, Education, Labor, 
     and Pensions.

                            Resolution No. 5

       Whereas, numerous railroad employees have served their 
     country honorably and well in various branches of the armed 
     forces for periods in excess of 20 years; and
       Whereas, these military veterans receive military 
     retirement pay as partial compensation for their long 
     military service; and
       Whereas, if these veterans work for nonmilitary employers 
     they can become eligible for state unemployment benefits in 
     case of layoff and for workers' compensation in case of 
     injury; and
       Whereas, the Railroad Unemployment Insurance Act (United 
     States Code, title 45, section 354(a-1)(ii)) prohibits 
     payment of railroad unemployment benefits or railroad 
     sickness benefits to otherwise eligible railroad employees 
     who are receiving military retirement pay for 20 years or 
     more of military service; Now, therefore, be it
       Resolved, by the Legislature of the State of Minnesota, 
     That it petitions the United States Congress to promptly 
     amend the Railroad Unemployment Insurance Act to allow 
     railroad employees collecting military retirement pay to also 
     be eligible for railroad unemployment and sickness benefits 
     if they otherwise meet the qualifications of these benefit 
     programs. Be it further
       Resolved, That the Secretary of State of the State of 
     Minnesota is directed to prepare copies of this memorial and 
     transmit them to the President of the United States, the 
     President and the Secretary of the United States Senate, the 
     Speaker and the Clerk of the United States House of 
     Representatives, and Minnesota's Senators and Representatives 
     in Congress.
                                  ____

       POM-104. An assembly resolution adopted by the Legislature 
     of the State of New Jersey relative to enacting the ``Great 
     Falls Historic District Study Act of 2001''; to the Committee 
     on Energy and Natural Resources.

                               Resolution

       Whereas, Legislation entitled the ``Great Falls Historic 
     District Study Act of 2001'' has been introduced, 
     respectfully, in the United States Senate as S. 386 and in 
     the United States House of Representatives as H.R. 146; and
       Whereas, The ``Great Falls Historic District Study Act of 
     2001,'' if enacted into law, would authorize the Secretary of 
     the United States Department of the Interior to study the 
     suitability and feasibility of designating the Great Falls 
     Historic District in the City of Paterson, in Passaic County, 
     New Jersey, as a unit of the National Park System, and for 
     other purposes; and
       Whereas, Congressional findings proposed in the Senate 
     legislation (S. 386) note that the Great Falls Historic 
     District is an area of historical significance as an early 
     site of planned industrial development, and it has remained 
     largely intact through architecturally significant 
     structures; that the district is listed on the National 
     Register of Historic Places and has been designated a 
     National Historic Landmark; that the district is situated 
     within a one-half hour's drive from New York City and a two 
     hour's drive from Philadelphia, Hartford, New Haven, and 
     Wilmington; that the district was developed by the Society of 
     Useful Manufacturers, an organization whose leaders included 
     a number of historically renowned individuals, including 
     Alexander Hamilton; and that the district has been the 
     subject of a number of studies that have shown that it 
     possesses a combination of historic significance and natural 
     beauty worthy of an uniquely situated for preservation and 
     redevelopment; and
       Whereas, The Great Falls Historic District was established 
     as a historic district under federal law pursuant to section 
     510 of the

[[Page 10466]]

     ``Omnibus Parks and Public Lands Management Act of 1996'' 
     (Pub. L. 104-333; 16 U.S.C. s. 461 note); and
       Whereas, The citizens of New Jersey have long demonstrated 
     a keen interest in and strong commitment to supporting the 
     efforts of federal, State, local, and private entities to 
     preserve and interpret the history and culture of the people 
     that form this great Nation, especially as manifested in this 
     great State; now, therefore, be it
       Resolved by the General Assembly of the State of New 
     Jersey:
       1. The Congress of the United States is respectfully 
     memorialized to enact into law as soon as possible the 
     ``Great Falls Historic District Study Act of 2001'' (S. 386/
     H.R. 146).
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate, the majority and minority leaders of 
     the United States House of Representatives, every member of 
     Congress elected from this State, the Secretary of the United 
     States Department of the Interior, the Commissioner of the 
     New Jersey Department of Environmental Protection, the 
     Secretary of the New Jersey Department of State, and the 
     Chairman and the Executive Director of the New Jersey 
     Historic Trust.


                               STATEMENT

       This resolution would respectfully memorialize the Congress 
     of the United States to enact into law as soon as possible 
     the ``Great Falls Historic District Study Act of 2001'' (S. 
     386/H.R. 146).
       The federal legislation, if enacted into law, would 
     authorize the Secretary of the United States Department of 
     the Interior to study the suitability and feasibility of 
     designating the Great Falls Historic District in the City of 
     Paterson, in Passaic County, New Jersey, as a unit of the 
     National Park System, and for other purposes.
       As noted in the federal legislation (S. 386), the Great 
     Falls Historic District is an area of historical significance 
     as an early site of planned industrial development, and it 
     has remained largely intact through architecturally 
     significant structures. The district is listed on the 
     National Register of Historic Places and has been designated 
     a National Historic Landmark, and is situated within a one-
     half hour's drive from New York City and a two hour's drive 
     from Philadelphia, Hartford, New Haven, and Wilmington. The 
     district was developed by the Society of Useful Manufactures, 
     an organization whose leaders included a number of 
     historically renowned individuals, including Alexander 
     Hamilton. The Great Falls Historic District has been the 
     subject of a number of studies that have shown that it 
     possesses a combination of historic significance and natural 
     beauty worthy of and uniquely situated for preservation and 
     redevelopment.
       The Great Falls Historic District was established as a 
     historic district under federal law pursuant to the ``Omnibus 
     Parks and Public Lands Management Act of 1996.''
                                  ____

       POM-105. An assembly resolution adopted by the Legislature 
     of the State of New Jersey relative to the repeal of the 
     federal death tax; to the Committee on Finance.

                               Resolution

       An Assembly Resolution memorializing the Congress of the 
     United States to enact the repeal of the federal death tax.
       Whereas, Women and minorities are very often owners of 
     small and medium-sized businesses, and the federal estate 
     tax, or the death tax, prevents their children from reaping 
     the rewards of a lifetime of trying to make a better life; 
     and
       Whereas, Farmers often face losing their farms because the 
     federal government heavily taxes the estates of people who 
     invested most of their earnings back into their farms and had 
     only a small amount of liquid savings; and
       Whereas, Employees suffer when they lose their jobs because 
     many small and medium-sized businesses are liquidated to pay 
     death taxes and because many high capital costs depress the 
     number of new businesses that could offer them a job; and
       Whereas, If the estate tax had been repealed in 1996, over 
     the next nine years the United States economy would have 
     averaged as much as $11 billion per year in extra output, and 
     an average of 145,000 additional new jobs would have been 
     created; and
       Whereas, Having during 2000 passed the United States House 
     of Representatives by a vote of 279-36, and having passed the 
     United States Senate by a vote of 59-39, elimination of the 
     death tax has wide bipartisan support; now, therefore, be it
       Resolved by the General Assembly of the State of New Jersey
       1. The General Assembly of the State of New Jersey 
     memorializes the Congress of the United States to enact 
     legislation, currently pending in Congress, which eliminates 
     the federal estate tax into law.
       2. Duly authenticated copies of this resolution, signed by 
     the Speaker of the General Assembly and attested by the Clerk 
     thereof, shall be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, the majority and minority leaders of the 
     United States Senate and the United States House of 
     Representatives, and each member of Congress elected from the 
     State of New Jersey.


                               statement

       This resolution memorializes Congress to enact the repeal 
     of the federal estate tax or ``death tax.''
                                  ____

       POM-106. A resolution adopted by the Legislature of the 
     State of Missouri relative to the St. Joseph community; to 
     the Committee on Agriculture, Nutrition, and Forestry.

                               Resolution

       Whereas, Agramarke Quality Grains, Inc., a Missouri 
     cooperative association, will provide economic development 
     for the St. Joseph area; and
       Whereas, the United States Department of Agriculture 
     emphasizes the importance of guiding agriculture toward 
     value-added opportunities; and
       Whereas, agricultural producers will own 100% of the 
     facility, provide over 110 jobs in the area, and realize 
     between three and five millions dollars per year in profits 
     and premiums; and
       Whereas, the facility purchase price is far below the price 
     of new construction and will provide a new purpose for the 
     Quaker Oats facility which has been in existence since 1926; 
     and
       Whereas, the United States Department of Agriculture 
     provides many beneficial programs which will be crucial to 
     the success of the projects; and
       Whereas, without the assistance of the United States 
     Department of Agriculture programs, this young company may 
     never develop; and
       Whereas, the United States Department of Agriculture 
     maintains a community population requirement of 50,000 for 
     use of rural development economic inventive programs; and
       Whereas, the city of St. Joseph remains not far above the 
     threshold with a population of approximately 75,000; Now 
     therefore, be it
       Resolved, that the members of the House of Representatives 
     of the Ninety-first General Assembly, First Regular Session, 
     the Senate concurring therein, hereby urge the United States 
     Department of Agriculture to grant a waiver for Agramarke 
     Quality Grains, Inc., for development in St. Joseph, 
     Missouri, to allow Agramarke to qualify for rural development 
     economic incentive programs; and be it further
       Resolved, that the Chief Clerk of the Missouri House of 
     Representatives be instructed to prepare properly inscribed 
     copies of this resolution for the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, Secretary Ann M. Veneman of the United 
     States Department of Agriculture and each member of the 
     Missouri congressional delegation.

                          ____________________