[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[Senate]
[Pages 9401-9403]
[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-77. A joint resolution adopted by the Legislature of 
     the State of Wyoming relative to tax treatment of Health 
     insurance; to the Committee on Finance.

                         Joint Resolution No. 1

       Whereas, the high cost of health insurance has created a 
     large number of uninsured citizens in the United States and 
     the State of Wyoming;
       Whereas, those without health insurance are less likely to 
     receive adequate health care;
       Whereas, insurance purchasing decisions are to a large 
     extent made by employees and not insurance beneficiaries;
       Whereas, overreliance on employer-provided health insurance 
     impedes worker mobility;
       Whereas, spiraling health care costs are in part caused by 
     a lack of active consumer participation in health care 
     markets;
       Whereas, employers can deduct the full cost of employee 
     health insurance as a business expense, while individuals may 
     not: Now, therefore, be it
       Resolved by the members of the Legislature of the State of 
     Wyoming:
       Section 1. That the Wyoming State Legislature petitions the 
     Congress of the United States to equalize the tax treatment 
     of employer-provided and individually purchase health 
     insurance by creating a tax credit for the full amount of 
     insurance purchased by individuals.
       Section 2. That the Secretary of State of Wyoming transmit 
     copies of the resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress and to 
     the Wyoming Congressional Delegation.
                                  ____

       POM-78. A joint resolution adopted by the Legislature of 
     the State of Wyoming relative to the declaration of an 
     emergency in watersheds located in the national forests 
     within Wyoming; to the Committee on Environment and Public 
     Works.
       Whereas, the Wyoming State Legislature finds that:
       (a) A state of emergency exists in Wyoming due to a 
     shortage, and ever diminishing aggregate total supply, of 
     water available to its citizens, communities, livestock, 
     wildlife and their habitats.

[[Page 9402]]

       (b) Virtually all Wyoming communities have been seriously 
     threatened and impacted by a shortage of available water 
     within the last calendar year.
       (c) Virtually all Wyoming waterways are either presently 
     experiencing, or within the last calendar year have 
     experienced, a significant depletion of available water as 
     well as the streams and tributaries that contribute water to 
     the waterways.
       (d) Most Wyoming livestock, wildlife and threatened or 
     endangered species are now or are likely to be seriously 
     imperiled by a shortage of available water either directly or 
     indirectly via the impact of the water shortage on their 
     supply of forage or prey base.
       (e) Due to the existence of this declared state of 
     emergency it is imperative that Wyoming promptly take 
     necessary actions to restore and increase the aggregate total 
     supply of water available within the state.
       (f) This state's aggregate total supply of water is 
     significantly dependent upon watersheds located on federal 
     lands. To achieve an increase in the aggregate total supply 
     of water in Wyoming it is imperative for the state to take 
     appropriate actions that may be available to remedy the 
     presently existent deteriorated conditions of these 
     watersheds.
       (g) The existence of excessive overgrowth on Wyoming's 
     federal forests has been publicly acknowledged and declared 
     both by state officials and in 2002 by the President of the 
     United States, members of his cabinet, other administration 
     officials and numerous members of the United States Congress.
       (h) Numerous state and local Wyoming elected officials and 
     other citizens have repeatedly petitioned the United States 
     Forest Service over the last several years to take actions 
     needed to remove or eliminate the excessive forest overgrowth 
     conditions that exist on watersheds on the federal lands 
     within the state of Wyoming. All the petitions have been 
     effectively ignored by the Secretary of Agriculture and other 
     officers within the federal government under her authority, 
     reflecting what can only be characterized as their utter 
     disregard for both the needs of Wyoming citizens and 
     wildlife, and Wyoming's lawful rights to the waterflows.
       (j) The United States Congress, in pertinent part, 
     expressly provided that ``No national forest shall be 
     established, except to improve and protect the forest within 
     the boundaries, or for the purpose of securing favorable 
     conditions of waterflows . . .'' 16 U.S.C. Sec. 475. Congress 
     reaffirmed this directive when it passed the Multiple-Use 
     Sustained-Yield Act of 1960 by specifically stating that the 
     national forests ``shall be administered'' for ``watershed'' 
     purposes, 16 U.S.C. Sec. 528 et seq.
       (k) The United States Supreme Court in United States v. New 
     Mexico, 438 U.S. 696 (1978) stated ``Congress has evidenced 
     its continuing concern with enhancing the water supply for 
     nonforest use by specifically authorizing the President to 
     set aside and protect national forest lands needed as sources 
     of municipal water supplies. 16 U.S.C. Sec. 552a.'' Moreover, 
     the Supreme Court further stated that the ``States have 
     exclusive control of the distribution of water on public 
     lands and reservations.''
       (m) The following facts are indisputable:
       (i) Wyoming's watersheds located on federal lands presently 
     contain millions of excess and unnecessary junipers and 
     conifers;
       (ii) Each of these excess trees individually consumes from 
     ten (10) to two hundred (200) gallons of water each and every 
     day of the year, depending on its size;
       (iii) Thus, in the aggregate, the millions of excess trees 
     on Wyoming's watersheds unnecessarily consume hundreds of 
     acre feet of water each and every day of the year;
       (iv) The continued existence of the overgrowth serves no 
     legitimate federal or state purpose. In fact, these 
     conditions have been previously declared to constitute a 
     state of emergency because the catastrophic fire potential 
     they create poses a present unreasonable risk to the lives 
     and property of Wyoming citizens;
       (v) The federal government's persistent failure to remove 
     the excess tree overgrowth from Wyoming's watersheds prevents 
     downstream flow to Wyoming in violation of the state's legal 
     entitlement to the diverted waters under both state and 
     federal law.
       (n) Based on the foregoing findings of fact, the following 
     conclusions are indisputable:
       (i) Wyoming has a legal entitlement to the waterflows that 
     either are or may be derived from federal lands within the 
     state;
       (ii) The excessive overgrowth on the watersheds is 
     depriving the state of Wyoming of its legal entitlement to 
     the waters in direct violation of the mandates of the United 
     States Congress and the rulings of the United States Supreme 
     Court;
       (iii) Therefore, to abate this illicit diversion of 
     Wyoming's water, to increase the aggregate total supply of 
     water available in and to Wyoming in the future, and to 
     thereby remedy the state of emergency declared by this act, 
     Wyoming hereby now affirms and asserts the supremacy of its 
     right over that of the federal government to the ownership 
     and use of those waters that are currently being unlawfully 
     diverted by the federal government without justification to 
     supply the demands of the needless federal forest overgrowth 
     on Wyoming's watersheds: Now, therefore, be it
       Resolved by the members of the Legislature of the State of 
     Wyoming:
       Section 1. That the legislature declares the existence of a 
     state of emergency due to a shortage of water available to 
     Wyoming caused in significant part by the deteriorating 
     conditions of the state's watersheds located on federal 
     lands. These conditions are due in turn to unnecessary 
     excessive forest overgrowth. This overgrowth is unlawfully 
     diverting Wyoming's waterflows, thus depleting Wyoming's 
     total supply of water available to its citizens, communities, 
     livestock, wildlife and wildlife habitats.
       Section 2. (a) The legislature further finds that the 
     continued existence of the state of emergency poses a direct 
     threat to the health, safety, well-being and economic 
     viability of Wyoming's citizens and to the continued health 
     and viability of its communities, livestock, wildlife and 
     wildlife habitats. It is therefore imperative that Wyoming 
     take such actions as may be necessary to mitigate or 
     eliminate the federal forest watershed overgrowth conditions 
     that shall include the following:
       (i) The state shall take any and all actions necessary to 
     obtain a transfer to the state of such limited jurisdiction 
     over federal lands as may be necessary to enable the state to 
     take appropriate actions that are needed to restore the 
     state's watersheds to a condition of health, and to increase 
     waterflows available within Wyoming; and
       (ii) Upon the transfer of the limited jurisdiction, the 
     state shall utilize the police and contract powers of the 
     state to the extent necessary to garner the public and 
     private resources and services needed to mitigate and 
     ultimately eliminate the state of emergency hereby declared.
       Section 3. (a) The legislature further finds that to 
     further achieve the objectives of this resolution, within 
     ninety (90) days of this resolution, the governor of this 
     state shall consider:
       (i) Taking actions necessary and appropriate pursuant to 
     the provision of 7 U.S.C. Sec. 2268 and any other state or 
     federal law that may be determined relevant by the attorney 
     general of this state in order to request and obtain from the 
     United States Secretary of Agriculture limited jurisdiction 
     over relevant federal lands as may be necessary for Wyoming 
     to restore its watersheds to a condition of health and 
     thereby increase the waterflows that may be derived from the 
     watersheds; and
       (ii) Including within the application to the United States 
     Secretary of Agriculture for the transfer of the limited 
     jurisdiction an express provision that any acceptance by 
     Wyoming of a transfer of limited jurisdiction to restore 
     watershed health upon federal lands shall be conditioned on 
     Wyoming's receipt of sufficient federal funds determined by 
     Wyoming to be necessary to enable the state to perform the 
     actions needed to mitigate or eliminate the state of 
     emergency created by the federal government's impairment of 
     Wyoming's watersheds, waterflows and aggregate water 
     supplies.
       Section 4. (a) The legislature further finds that in the 
     event limited jurisdiction coupled with necessary federal 
     funds are not made available by the United States Secretary 
     of Agriculture to Wyoming within one hundred eighty (180) 
     days from the date this resolution is passed, the governor 
     shall direct the Wyoming attorney general to consider the 
     preparation, filing and pursuit of a lawsuit on behalf of 
     Wyoming to:
       (i) Obtain a judicial declaration of Wyoming's lawful right 
     to the waterflows originating from watersheds located on 
     federal lands within the state;
       (ii) Obtain a judicial declaration of the impairment of the 
     state's rights to waterflows originating on federal lands as 
     a foreseeable consequence of excessive and unjustifiable 
     forest overgrowth; and
       (iii) Compel the United States, the Secretary of 
     Agriculture and the Forest Service to take such actions as 
     may be determined by a court of law to be necessary, 
     appropriate and lawful to mitigate or eliminate the state of 
     emergency declared by this act.
       Section 5. That the Secretary of State of Wyoming transmit 
     copies of this resolution to the President of the United 
     States, to the President of the Senate and the Speaker of the 
     House of Representatives of the United States Congress, to 
     the United States Secretary of Interior and the United States 
     Secretary of Agriculture and to the Wyoming Congressional 
     Delegation.
                                  ____

       POM-79. A concurrent resolution adopted by the Legislature 
     of the State of Kansas relative to urging the Federal Energy 
     Regulatory Commission to work to develop sufficient electric 
     transmission facility infrastructure and design and implement 
     regional transmission; to the Committee on Energy and Natural 
     Resources.

                  House Concurrent Resolution No. 5007

       Whereas, The existing transmission system in the United 
     States is an extensive network of high-voltage power lines 
     which transport electricity from generators to consumers and 
     which must accommodate the nation's growing demand for 
     reliable and affordable power; and
       Whereas, The system is rapidly becoming congested due to 
     growth in demand, investment in new generation facilities and 
     lack of

[[Page 9403]]

     investment in expansion and improvement of transmission 
     facilities; and
       Whereas, Expansion and improvement of the transmission 
     system is vital to the national interest because congestion 
     creates bottlenecks which result in decreased reliability, 
     less competition, higher prices to consumers and increased 
     infrastructure vulnerability; and
       Whereas, The United States Department of Energy recognizes 
     that Kansas transmission system is vital to the national 
     interest because congestion creates bottlenecks which result 
     in decreased reliability, less competition, higher prices to 
     consumers and increased infrastructure vulnerability; and
       Whereas, The existing transmission system is increasingly 
     incapable of providing reliable service to the nature load in 
     Kansas and does not have the capacity to support economic 
     development of renewable and fossil-fuel resources or to 
     economically dispatch power within the state; and
       Whereas, The existing transmission system experiences 
     significant constraints to the importation of additional 
     power from outside the state and export of additional power 
     to markets beyond the state's boundaries in support of 
     national energy reliability and clean air standards; and
       Whereas, The leadership of the Federal Energy Regulatory 
     Commission is crucial to resolving issues related to cost 
     recovery of transmission facility upgrades and regional 
     transmission system reliability issues: Now, therefore, be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein, That the Legislature 
     urges the Federal Energy Regulatory Commission to work with 
     the State of Kansas in development of sufficient transmission 
     facility infrastructure to support the state's economic 
     development efforts and the nations' growing energy, security 
     and reliability needs, along with the design and 
     implementation of regional transmission organizations and 
     cost recovery mechanisms, and be it further
       Resolved, That the Secretary of State is directed to 
     provide a copy of this enrolled resolution to each member of 
     the Federal Energy Regulatory Commission, the President of 
     the United States, the Vice-President of the United States, 
     the United States Secretary of Energy, the President Pro 
     Tempore of the United States Senate, the Minority leader of 
     the United States House of Representatives, each member of 
     the Kansas Congressional delegation, the State Corporation 
     Commission, the Nebraska Power Review Board, the Missouri 
     Public Service Commission, the Oklahoma Corporation 
     Commission and the Public Utility Commission of Texas.
       I hereby certify that the above Concurrent Resolution 
     originated in the House, and was adopted by that body.
                                  ____

       POM-80. A Senate resolution adopted by the Legislature of 
     the State of Michigan relative to expressing support to the 
     war in Iraq; to the Committee on Foreign Relations.

                        Senate Resolution No. 37

       Whereas, While our nation has faced a wide range of threats 
     to our freedom over the years, the unique war on terrorism in 
     which we now find ourselves engaged demands an exceptional 
     commitment. From our leaders and our military to our citizens 
     and state and local governments, we all must work together to 
     increase the security of our homeland. In the aftermath of 
     September 11th, our country must deal with the entire range 
     of terrorist threats before us; and
       Whereas, The ongoing preparations for a military action to 
     deal with threats from Iraq and its weapons of mass 
     destruction are a direct and necessary response for the 
     United States and our allies. As the world learns more about 
     the links between the reign of hatred of Saddam Hussein and 
     international terrorist organizations, including those 
     affiliated with Osama bin Laden, the gravity of the world's 
     situation has become increasingly clear. The smokescreen of 
     misinformation that has hampered United Nations efforts in 
     Iraq must not be permitted to jeopardize the homeland 
     security of our nation or the stability of other parts of the 
     world; and
       Whereas, A number of Michigan citizen soldiers are engaged 
     in the noble effort to defend our liberties. In addition to 
     those already serving in the military, several reserve units 
     have been called into duty. It is important to voice our 
     support for all of them, as their courage and steadfastness 
     in the face of war represents the highest standard of 
     citizenship. For the families with loved ones in the 
     military, the world's tensions take on much more intensity. 
     Once again, we are reminded that the true cost of freedom is 
     clearly beyond measure; and
       Whereas, Unity in the face of adversity is essential for 
     success in any grave battle. The people of this state, well 
     aware of the high stakes of any military action, stand behind 
     our President in his work to protect peace in our troubled 
     world: Now, therefore, be it
       Resolved by the Senate, That we express support for the 
     President's strategy for protecting the security of the 
     United States through our efforts in Iraq and to express 
     support for the men and women of our military and their 
     families; 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.

                          ____________________