[Congressional Record (Bound Edition), Volume 147 (2001), Part 8]
[Senate]
[Pages 11008-11009]
[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-107. A resolution adopted by the City Council of North 
     Olmsted, Ohio relative to national health care insurance 
     plan; to the Committee on Health, Education, Labor, and 
     Pensions.
       POM-108. A resolution adopted by the House of the 
     Legislature of the State of Colorado relative to federal 
     regulation governing mining on public lands; to the Committee 
     on Energy and Natural Resources.

                        House Resolution 01-1015

       Whereas, The regulations at 43 C.F.R. Part 3809 (3809 
     regulations) governing the management of mining operations 
     for hardrock minerals on federal lands that were published by 
     the Bureau of Land Management (BLM) on November 21, 2000, 65 
     Federal Register 69998, and which became effective January 
     20, 2001, will have substantial adverse impacts on the mining 
     industry in Colorado and throughout the United States; and
       Whereas, The BLM has forecast that the implementation of 
     the regulations will result in the loss of up to 6,000 jobs, 
     costing American workers almost $400 million in personal 
     income, and the agency also projects that mine production 
     from public lands under the regulations could also decline by 
     as much as 30% or $484 million; and
       Whereas, The regulations would also impose massive 
     additional obligations on state regulators charged with the 
     responsibility of regulating mining on public lands through 
     cooperative agreements with the BLM; and
       Whereas, Congress commissioned the National Research 
     Council (NRC) of the National Academy of Sciences to conduct 
     a comprehensive analysis of mining regulations; and
       Whereas, Congress prohibited the BLM from promulgating 
     final 3809 regulations, except for revisions that are ``not 
     inconsistent with'' the recommendations contained within the 
     NRC report, Hardrock Mining on Federal Lands, published in 
     1999; and
       Whereas, The NRC report concluded that the existing array 
     of federal and state laws regulating mining is ``generally 
     effective'' in protecting the environment, and that 
     ``improvements in the implementation of existing regulations 
     present the greatest opportunity for improving environmental 
     protections''; and
       Whereas, Notwithstanding the unequivocal findings of the 
     NRC report, the BLM published amendments to the 3809 
     regulations that go far beyond the seven ``regulatory gaps'' 
     identified in the report; and
       Whereas, The BLM inserted several additional provisions 
     that ignored the findings of the NRC report, including a 
     ``mine veto'' provision that was never subject to public 
     review and comment, as required by the federal 
     ``Administrative Procedures Act'' and the United States 
     Constitution; and
       Whereas, The BLM further ignored the advice and 
     recommendations of the Western Governors Association, which 
     specifically advised the BLM to adhere to the findings of the 
     NRC report; and
       Whereas, The State of Nevada and two industry organizations 
     have filed suit asking that the regulations which became 
     effective on the last day of the former presidential 
     administration be set aside; and
       Whereas, The litigation calls into substantial question the 
     validity of the 3809 regulations; and
       Whereas, The BLM has conducted a preliminary review of the 
     regulations, has concerns about ``substantial policy and 
     legal issues'' raised in these lawsuits, and wants to resolve 
     such concerns before implementing a new regulatory program; 
     and
       Whereas, The BLM published a proposal on March 23, 2001, 66 
     Federal Register 16162, to suspend all or some parts of the 
     regulations that took effect on January 20, 2001, pending a 
     complete review of the issues; and
       Whereas, If such regulations were suspended, mining 
     activities would be subject to the state and federal laws and 
     regulations that the NRC found to be effective in protecting 
     the environment and that were in place prior to the adoption 
     of the current scheme; and
       Whereas, The BLM's and the new presidential 
     administration's actions once again demonstrate the 
     willingness to provide a balance between important goals of 
     environmental protection and responsible development of our 
     nation's mineral resources; now, therefore, be it
       Resolved by the House of Representatives of the Sixty-third 
     General Assembly of the State of Colorado;
       That the Colorado House of Representatives hereby expresses 
     its support for the action of the Department of the Interior 
     and the Bureau of Land Management in reviewing and proposing 
     to suspend the 3809 regulations that took effect on January 
     20, 2001.
       That the Colorado House of Representatives urges the Bureau 
     of Land Management

[[Page 11009]]

     to promulgate new 3809 regulations that adhere to the 
     specific recommendations of the report of the National 
     Research Council of the National Academy of Sciences entitled 
     Hardrock Mining on Federal Lands, as the United States 
     Congress has mandated. Be it further
       Resovled, That copies of this resolution be transmitted to 
     the President of the United States; to the United States 
     Department of the Interior, Bureau of Land Management, 
     Washington, D.C.; to the Honorable Gale Norton, Secretary of 
     the Interior, Washington, D.C.; and to the United States 
     House of Representatives and the United States Senate.
                                  ____

       POM-109. A joint resolution adopted by the Legislature of 
     the State of Colorado relative to the Railroad Retirement and 
     Survivors Improvement Act; to the Committee on Finance.

                     House Joint Resolution 01-1012

       Whereas, The Railroad Retirement and Survivors Improvement 
     Act of 2000 was approved in a bipartisan effort by 391 
     members of the United States House of Representatives in the 
     106th Congress, including Representatives Diana DeGette, 
     Scott McInnis, Thomas Tancredo, and Mark Udall; and
       Whereas, More than 80 United States Senators, including 
     Senator Ben Nighthorse Campbell, signed letters of support 
     for this legislation; and
       Whereas, The bill now before the 107th Congress modernizes 
     the railroad retirement system for its 748,000 beneficiaries 
     nationwide, including over 9,000 Colorado citizens; and
       Whereas, Railroad management, labor, and retiree 
     organizations have agreed to support this legislation; and
       Whereas, This legislation provides tax relief to freight 
     railroads, Amtrak, and commuter lines; and
       Whereas, This legislation provides benefit improvements for 
     surviving spouses of rail workers who currently suffer deep 
     cuts in income when the rail worker retiree dies; and
       Whereas, No outside contributions from taxpayers are needed 
     to implement the changes called for in this legislation; and
       Whereas, All changes will be paid for from within the 
     railroad industry, including a full share to be paid by 
     active employees; now, therefore, be it
       Resolved by the House of Representatives of the Sixth-third 
     General Assembly of the State of Colorado, the Senate 
     concurring herein:
       That the Colorado General Assembly urges the United States 
     Congress to enact the Railroad Retirement and Survivors 
     Improvement Act in the 107th Congress. Be it further
       Resolved, That copies of this Joint 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 the Colorado 
     Congressional delegation.
                                  ____

       POM-110. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana relative to increasing funding for 
     agricultural conservation programs; to the Committee on 
     Appropriations.

                  Senate Concurrent Resolution No. 134

       Whereas, since the adoption of the 1985 Farm Bill and 
     subsequent iterations of federal farm legislation in 1990 and 
     1996, U.S. agriculture policy has included major voluntary 
     conservation incentive programs such as the Conservation 
     Reserve Program (CRP) and Wetlands Reserve Program (WRP); and
       Whereas, the most popular of the federal agricultural 
     conservation programs in Louisiana have been the WRP with 368 
     approved easements on 137,632 acres, the Environmental 
     Quality Incentives Program (EQIP) with 4,803 approved 
     contracts on 494,006 acres, the Wildlife Habitat Incentives 
     Program (WHIP) with 168 contracts on 12,900 acres, and the 
     Forestry Incentives Program (FIP) with all available funds 
     having been allocated; and
       Whereas, Louisiana has the most easement acres enrolled in 
     the WRP of all participating states, 407 pending applications 
     on over 102,000 acres, and a potential WRP enrollment demand 
     of up to 474,000 acres; and
       Whereas, Louisiana is second only to Texas in the number of 
     EQIP contracts with an estimated potential demand of three to 
     four times the allocation currently available and only one 
     out of every four applications for assistance able to be 
     funded; and
       Whereas, the demand for participation in WHIP and FIP also 
     exceeds available funds; and
       Whereas, CRP, which benefits Louisiana primarily through 
     improving upstream water quality and providing nesting 
     habitats for waterfowl and other migratory birds, and these 
     other agricultural programs have profound beneficial impacts 
     on wildlife habitat and water quality in our state, including 
     ameliorating the nutrient loading of rivers and streams that 
     contribute to the annual occurrence of hypoxia in the Gulf of 
     Mexico, while aiding rural communities and benefitting 
     farmers; and
       Whereas, agricultural conservation incentive programs are 
     an efficient and effective use of tax dollars to restore 
     habitats and prevent the degradation of soil, water, and 
     habitat over a long term and, with WRP and CRP, 
     overproduction of crops and direct subsidy payments are 
     reduced; and
       Whereas, the Lower Mississippi Valley Initiative (LMVI), a 
     multi-state partnership to address agriculturally based 
     environment stewardship consisting of producers, 
     universities, natural resource agencies, and conservation 
     organizations in Louisiana, Arkansas, Mississippi, Missouri, 
     Kentucky, and Tennessee formed to inform the process of 
     developing the conservation provisions of the next farm bill, 
     has recognized the importance to the environment, the farming 
     community, and the future of agriculture of strategically 
     enlarging and enhancing farm bill conservation programs; and
       Whereas, although agricultural conservation programs 
     authorized by the 1996 farm bill have reached their acreage 
     and funding caps, additional funding has not been included in 
     the proposed FY 2002 budget; and
       Whereas, legislation has been introduced in Congress to 
     expand agricultural conservation programs to meet the needs 
     of farmers and the environment until the next farm bill is 
     enacted. Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     urge and request the president of the United States and 
     memorializes the Congress of the United States to expand and 
     fund federal agricultural conservation programs, including 
     the Conservation Reserve, Wetlands Reserve, Environmental 
     Quality Incentives, Wildlife Habitat Improvement, and 
     Forestry Incentives Programs. Be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the President of the United States, the 
     Secretary of the United States Senate, the clerk of the 
     United States House of Representatives, and to each member of 
     the Louisiana delegation to the Congress of the United 
     States.

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