[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Pages 14704-14714]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                 RECESS

  The PRESIDING OFFICER. The Senate stands in recess subject to the 
call of the Chair. Standby for further instructions from Capitol 
Police.
  Thereupon, the Senate, at 6:26 p.m., recessed until 7 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. Coburn).
  The PRESIDING OFFICER. The clerk will resume the rollcall.
  The assistant legislative clerk continued with the call of the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Utah (Mr. Bennett), the Senator from Arizona (Mr. McCain), 
and the Senator from Florida (Mr. Martinez).
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. 
Lieberman) is absent due to death in family.
  The PRESIDING OFFICER (Mr. DeMint). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 60, nays 35, as follows:

                      [Rollcall Vote No. 167 Leg.]

                                YEAS--60

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Bond
     Boxer
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Hagel
     Harkin
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lincoln
     Lugar
     Mikulski
     Murray
     Nelson (NE)
     Obama
     Pryor
     Reed
     Roberts
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Stabenow
     Sununu
     Talent
     Thomas
     Thune
     Voinovich
     Warner
     Wyden

                                NAYS--35

     Alexander
     Allard
     Allen
     Brownback
     Bunning
     Burns
     Chambliss
     Cochran
     Coleman
     Cornyn
     Corzine
     Dole
     Domenici
     Ensign
     Frist
     Graham
     Grassley
     Gregg
     Hatch
     Inhofe
     Isakson
     Lautenberg
     Lott
     McConnell
     Murkowski
     Nelson (FL)
     Reid
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Vitter

                   PRESENT AND GIVING A LIVE PAIR--1

       
     Coburn
       

                             NOT VOTING--4

     Bennett
     Lieberman
     Martinez
     McCain
  The PRESIDING OFFICER. On this vote, the yeas are 60, the nays are 
35. Two-thirds of the Senators voting, a quorum being present, not 
having voted in the affirmative, the motion is rejected.
  Mr. BURNS. Mr. President, I move to reconsider the vote.
  Mr. COLEMAN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BURNS. Mr. President, this about winds up our work.

[[Page 14705]]

  Mr. President, I raise a point of order on the pending amendment.
  The PRESIDING OFFICER. The point of order is sustained. The amendment 
falls.


                           grants management

  Mr. INHOFE. Mr. President, amendment number 1051 concerns the manner 
in which the Environmental Protection Agency awards direct assistance 
grants. Over the past 10 years, regardless of Presidential 
administration, the U.S. Government Accountability Office and EPA 
Inspector General have been extremely critical of the way EPA awards 
and administers grants programs. As chairman of the Senate Environment 
and Public Works Committee, I have made oversight of EPA grants 
management a Committee priority. Each year, the EPA awards half its 
budget in grants amounting to over $4 billion. This amount is comprised 
of non-discretionary grants awarded pursuant to regulatory or statutory 
formula for expenditures such as capitalization funding for State and 
local programs and comprised of discretionary grants awarded to a 
variety of recipients. In a hearing before the Environment and Public 
Works Committee early last year, the Government Accountability Office 
and EPA inspector general offered testimony critical of the lack of 
competition in awarding discretionary funds, the lack of measurable 
environmental results, and an overall lack of accountability of EPA 
personnel and grant recipients. More specifically, the GAO testified 
that due to a lack of competition in grants, EPA can't ensure the most 
qualified applicants receive grant awards. The EPA inspector general 
even testified that due to a lack of competition, there is an 
appearance of preferential treatment in grant awards. On March 31, 
2005, the inspector general released an audit concluding that EPA needs 
to compete more grants and recommended that EPA eliminate 
noncompetitive justifications for national organizations that represent 
the interests of State, tribal, and local governments. My amendment 
reflects the inspector general's recommendation and would simply 
require open competition to ensure the value of those awards. However, 
the EPA inspector general's recommendation may be too broad of an 
approach. Perhaps the most important question that can be raised 
concerning EPA grants is the question, ``What is the benefit to the 
environment?'' The EPA has an obligation to ensure taxpayers that it is 
accomplishing its mission of protecting human health and the 
environment with the funds it awards each year. My interest is ensuring 
that EPA direct assistance grants demonstrate environmental value and 
EPA enacts necessary measures to reach that aim. Can I get the 
commitment from the chairman of the Interior Appropriations 
subcommittee to work with me to sufficiently address this issue?
  Mr. BURNS. I appreciate the concerns raised by the chairman of the 
Environment and Public Works Committee and commit to working with him 
to address this issue of importance to him and the Environment and 
Public Works Committee.
  Mr. INHOFE. I thank the Senator from Montana and chairman of the 
Interior Appropriations subcommittee for his commitment to work with me 
on this matter of great importance to me, and I congratulate him on a 
job well done with respect to this appropriations bill. With his 
commitment I will withdraw my amendment 1051 to H.R. 2361.


                        TRIBAL ASSISTANCE GRANTS

  Mr. SMITH. Mr. President, in the Senate Report for the FY 2006 
Interior and Related Agencies Appropriations bill, S. Rpt. 109-80, 
under State and Tribal Assistance Grants programs within the 
Environmental Protection Agency accounts, one of the line items gives a 
grant to a town in Oregon called Winchester. It is my understanding 
that the intended town which is seeking the grant of Federal assistance 
for water improvements is actually Winchester Bay, OR.
  Mr. WYDEN. I concur with my colleague and ask through the chair that 
the managers of this bill fix this small but important typographical 
error in conference on this bill with the House of Representatives.
  Mr. BURNS. Yes, we will certainly do that.
  Mr. DORGAN. I concur with my colleague that we will indeed try to fix 
this conference.


               REPLACEMENT OF THE FILENE CENTER MAIN GATE

  Mr. WARNER. I would like to engage the chairman in a colloquy on the 
facility needs at Wolf Trap National Park for the Performing Arts. The 
President's budget request includes $4,285,000 to replace the main gate 
facility at the Filene Center. This project also includes the 
replacement of three temporary trailers. The purpose of this project is 
to vastly improve visitor services and security at the main gate 
entrance. These facility improvements are seriously needed to replace 
outdated and inadequate space for park employees, volunteers, park 
police and visitors. The current facilities, which have been considered 
``temporary'' for over 20 years are functionally obsolete leaving 
visitors to wait in long lines for restrooms, and ticketing services.
  I recognize that the Park Service's construction budget is under 
significant financial constraints, but I must emphasize the financial 
contributions made by the Wolf Trap Foundation to begin the conception 
design work of this long-awaited project. I respectfully request that 
the chairman keep these facts in mind, and ask if he could share with 
the Senate his views on this important project.
  Mr. BURNS. I thank the Senator from Virginia, Mr. Warner, for his 
support for this unique Park Service asset. As the Senator from 
Virginia has indicated, the facilities at the Filene Center's main gate 
are in serious need of replacement to improve employee space and 
visitor services. The Senator from Virginia has my commitment to ensure 
that the needs of this facility are fully evaluated as we work with our 
colleagues in the House of Representatives on the FY 2006 Interior and 
Related Agencies Appropriations bill.
  Mrs. MURRAY. Mr. President, I engage the Senator from Montana, the 
distinguished subcommittee Chairman, and the Senator from North Dakota, 
the distinguished subcommittee ranking member, in a brief colloquy to 
clarify the location of the Forest Service land acquisition project 
listed as the ``I-90 Corridor'' on page 87 of the committee report.
  Mr. BURNS. The subcommittee would be happy to assist the Senator in 
this matter.
  Mrs. MURRAY. The project called ``I-90 Corridor'' is listed in the 
committee report as being in the Okanogan-Wenatchee National Forest. 
The parcels that are designated for acquisition by the Forest Service 
in FY 2006 are actually located in the Mt. Baker-Snoqualmie National 
Forest. I ask the Chairman and Senator Dorgan if that is their 
understanding as well?
  Mr. BURNS. It is my understanding.
  Mr. DORGAN. I concur and suggest we address this error through the 
conference report.
  Mrs. MURRAY. I thank the chairman and ranking member, and appreciate 
the suggestion that we clarify this in the conference report 
accompanying H.R. 2361, so that the report will read ``Mt Baker-
Snoqualmie National Forest--I-90 Corridor'' in the State of Washington.
  Mr. BURNS. We will see that the change is made.
  Mrs. MURRAY. I thank Chairman Burns and Senator Dorgan for their 
assistance in clarifying this matter.


                 bia water technician training program

  Mr. DOMENICI. Mr. President, I speak on the pending Interior and 
Related Agencies Appropriations bill for FY 2006. I would to discuss 
the Committee recommendation for the Bureau of Indian Affairs, BIA, 
Water Management and Planning program.
  I thank the distinguished Chairman of the Interior Appropriations 
Subcommittee, Senator Burns, and the distinguished ranking member, 
Senator Dorgan, for restoring $2 million to the President's budget 
request for BIA Water Management and Planning. These funds are very 
important to the Indian Tribes and Pueblos in the State of New Mexico.

[[Page 14706]]

  I am particularly interested in the Water Technician Training program 
that is funded within this BIA program. The BIA Water Technician 
Training program trains Native Americans to manage water resources on 
their reservation lands. The program trains tribal members in a broad 
range of water-related fields, including hydrology, fish and wildlife 
biology, irrigation, soil surveys, dam operation, surface and ground 
water pollution, and forest management. Training is offered at 
university campuses, including New Mexico State University.
  The program curriculum is developed with Federal agency partners, 
including the Bureau of Reclamation, Army Corps of Engineers, 
Department of Interior agencies, the Environmental Protection Agency, 
and the Forest Service. With this technical training, tribal members 
work to manage and preserve water and other natural resources for the 
benefit of the tribe. The program provides educational and employment 
opportunities and economic benefits.
  May I inquire of the distinguished Chairman if it is the intention of 
the Subcommittee in restoring $2 million to the BIA Water Management 
and Planning Program to continue the Water Technician Training program, 
which is currently receiving $400,000?
  Mr. BURNS. The Senator from New Mexico is correct. The committee 
restored $2 million to the BIA budget request for Water Management and 
Planning activities and continues funding for the BIA Water Technician 
Training program, which the administration proposed to eliminate.
  Mr. DORGAN. I agree with the distinguished Senator from Montana that 
this is the intent of the committee bill, and the Senate expects the 
administration to fund the BIA Water Technician Training program at the 
current level of $400,000.
  Mr. DOMENICI. I thank my colleagues for this assurance. I appreciate 
their confirmation as to continuation of funding for the BIA Water 
Technician Training program.


               Grand Teton national park visitors center

  Mr. THOMAS. Mr. President, I would like to ask the distinguished 
chairman for his assistance in solving a problem that I hope he, too, 
would agree needs fixing.
  In the fiscal year 04 and fiscal year 05 appropriations, Congress 
provided a total of $8 million in the NPS construction account to build 
a visitors center at Grand Teton National Park. Private partners will 
contribute $10 million.
  The Park Service has asked the private partners to deposit their 
share in an escrowed Treasury account prior to the start of 
construction. To meet that requirement, the private partners will 
borrow the funds from a commercial bank and therefore begin accruing 
interest expense immediately even though the majority of the funds may 
not be needed for 12 to 18 months.
  The private partners would prefer to meet their commitment by giving 
the NPS an irrevocable letter of credit due and payable from a bank or 
financial institution organized and authorized to transact business in 
the United State. It would save them upwards to $800,000 in interest 
payments over the construction period--funds that could be used for 
other park projects.
  The National Park Service believes they don't have the authority to 
accept a letter or credit unless specifically authorized by Congress, 
Anti-Deficiency Act, 31 U.S.C. 1341(a)(1).
  As chairman of the National Parks Subcommittee of the Energy and 
Natural Resources Committee, it is my goal to encourage partnerships 
that benefit our parks while at the same time insuring that the 
Government's interest is protected.
  I ask that we work together between now and conference to evaluate 
ways these two goals can be accomplished. Specifically, I would like to 
grant the NPS the authority to accept an irrevocable letter of credit 
if we can be convinced the government's interest would be protected.
  Mr. BURNS. Mr. President, the role of partnerships is rapidly 
changing and our subcommittee has encouraged the Park Service to 
develop guidelines and standards for their partners. I am encouraged by 
the progress. It also seems appropriate that we not hobble partners 
with unnecessary and expensive requirements. I will be glad to look at 
ways to do that.


                    rahway valley sewerage authority

  Mr. LAUTENBERG. Mr. President, I would like to bring to the Senator's 
attention a very important project in my home State of New Jersey that 
I believe should be given strong consideration for funding. The Rahway 
Valley Sewerage Authority is currently undertaking a project on a grand 
scale. In 1998, the Environmental Protection Agency directed the 
authority to expand its wastewater treatment capacity in order to meet 
wet weather sanitary sewage overflow requirements by 2008. The 
estimated cost of this large project was $68 million at the time. That 
estimate proved to be optimistic. The present day cost estimate for the 
project is $235 million.
  Mr. CORZINE. Mr. President, I thank my colleague, Senator Lautenberg, 
for bringing this project to the attention of the ranking member of the 
Interior Appropriations Subcommittee. This project is quite costly for 
the authority and the State of New Jersey and will lead to the tripling 
of sewer rates for residents in 12 communities in the area. I believe 
that any funding assistance that the federal government can provide 
would be put to very good use.
  Mr. DORGAN. Mr. President, I thank the Senators from the State of New 
Jersey. This program sounds very important but how does the Rahway 
Valley Sewerage Authority plan to tackle this large task?
  Mr. LAUTENBERG. The authority, as required by the consent order, has 
developed a comprehensive strategic plan to comply with the order. A 
critical component of the plan is the construction of a new gravity 
relief sewer that will convey combined sanitary sewage overflows for 
enhanced treatment at the upgraded plant. The authority has focused its 
request for Federal funding exclusively on this gravity relief sewer 
facility. The gravity relief sewer facility is estimated to cost $10.9 
million in its entirety. Federal funding can play an important role in 
financing this cost and in facilitating the early construction of this 
much needed project.
  Mr. DORGAN. I thank my colleagues from New Jersey and I thank them 
for bringing this project to my attention. This does sound like a good 
project and as this bill moves to conference we will try and do what we 
can for it.
  Mr. BURNS. I concur with the ranking member. I believe this project 
does have merit, and we will see what we can do for this project as 
this bill moves to conference.


                      competitive sourcing process

  Mr. FEINGOLD. Mr. President, it is no secret that there have long 
been concerns about the competitive sourcing process at the Forest 
Service. I commend the chairman and ranking member for their attention 
to this issue in the underlying bill, which reflects those concerns by 
limiting the amount of funding that the Forest Service may use during 
fiscal year 2006 for competitive sourcing studies and related 
activities. The underlying bill also requires agencies funded by this 
bill to ``include the incremental costs directly attributable to 
conducting the competitive sourcing competitions'' in any reports to 
the Appropriations Committee about such studies and stipulates that 
such costs should be reported ``in accordance with full cost accounting 
principles.'' The fiscal year 2006 Interior appropriations bill that 
the other body passed last month contains similar language, and also 
directs the Forest Service to provide quarterly reports on its related 
business process reengineering efforts.
  The American people deserve to know how their tax dollars are being 
spent and if the Forest Service's competitive sourcing process is 
resulting in true savings, which should include a full cost accounting 
of all of the related savings and losses associated with this process.
  An amendment I proposed to the bill would have required the General 
Accountability Office to conduct an audit of existing Forest Service 
competitive sourcing procedures and to make recommendations on how 
these procedures

[[Page 14707]]

can be improved, including recommendations on what accounting practices 
should be adopted, by the Forest Service to improve accountability.
  It is my understanding that the chairman and the ranking member have 
agreed to work with me to request such an audit.
  Mr. BURNS. The Senator is correct. I am willing to work with the 
Senator from Wisconsin, Mr. Feingold, and the ranking member of the 
subcommittee, Mr. Dorgan to request in writing this audit by the 
Government Accountability Office.
  Mr. DORGAN. I would be happy to assist with such a request for a GAO 
audit of the Forest Service's competitive sourcing initiative.
  Mr. FEINGOLD. I thank the chairman and the ranking member for their 
assistance on this important issue. I look forward to reviewing GAO's 
findings.


             northeast states forestry research cooperative

  Mrs. CLINTON. Mr. President, I rise today to discuss an important 
matter with the Chairman and ranking member of the Interior 
Appropriations Subcommittee regarding a provision in the Senate bill 
which provides funding for the Northeast States Forestry Research 
Cooperative.
  Congress authorized the creation of the Northeast States Forestry 
Research Cooperative in the 1998 Agricultural Research Act. The 
authorization directed the Secretary of Agriculture to provide funding 
to land grant colleges and universities and natural resources and 
forestry schools in the States of New York, Maine, New Hampshire, and 
Vermont for research, technology transfer and other activities related 
to ecosystem health, forest management, development of forest products 
and alternative renewable energy.
  While I certainly support funding for Maine, Vermont and New 
Hampshire, I believe that New York, and our lead institution, the SUNY 
College of Environmental Science and Forestry, has been left out of the 
funding pool and ought to be included in this year's Interior 
Appropriations bill.
  Mr. BURNS. I thank the Senator from New York for her comments about 
the Northeast States Forestry Research Cooperative. We did provide 
additional funding to allow Maine to become integrated into the 
cooperative and I appreciate the Senator's position with respect to her 
State of New York. I will consider additional funding as the bill moves 
to conference.
  Mr. DORGAN. Mr. President, I thank the Senator from New York. I know 
the Senator has advocated for including New York in the account that 
funds the Northeast States Forestry Research Cooperative. This is a 
great program that provides significant research, economic development, 
and technology transfers related to our Nation's forests. I applaud the 
Senator for her continued advocacy and I want to assure her that I will 
work with the Chairman to consider additional funding as the Interior 
bill moves to conference with the House.
  Mrs. CLINTON. I thank the Chairman and ranking member of the Interior 
Appropriations Subcommittee. When one considers that New York's 
northern forests are more than three times the size of those in New 
Hampshire and Vermont combined, I believe that adding New York for 
funding is the right thing to do.
  The forest products industry is a major contributor to the New York 
State and national economy. New York's forest products industry is the 
fifth largest manufacturing sector employing more than 60,000 people. 
It is estimated that forest-based manufacturing and forest-related 
tourism and recreation contribute more than $9 billion to New York 
State's economy each year. Jobs in these areas must be sustained to 
ensure our forest communities remain strong. These forests must be 
managed wisely through sustainable development that recognizes the 
needs of these communities, but also values the benefits derived from 
America's forests. This is particularly true when considering that 
these forests cover 75 percent of the critical New York City watershed.
  This investment will provide economic benefits that contribute to 
``smart energy'' demonstrations and commercialization of wood-based 
bio-refining technology which will advance biofuels, and other natural 
industries in New York State.
  I thank the chairman and ranking member for their willingness to 
consider additional funding to include New York as part of the 
Northeast States Forestry Research Cooperative.


            Lake Mead National Recreation Area Water Systems

  Mr. REID. I am proud to represent a State with so many natural 
treasures. Of particular importance to me is the Lake Mead Natural 
Recreation Area, which is managed by the National Park Service. Because 
of its amazing natural beauty and its proximity to the residents of 
both southern Nevada and northern Arizona, Lake Mead receives nearly 10 
million visitors a year. I rise today to bring attention to a water and 
wastewater maintenance project at Lake Mead that is need of serious 
attention. Is the distinguished ranking member familiar with the 
beautiful Lake Mead National Recreation Area?
  Mr. DORGAN. I am indeed. The Senator should be proud to have such a 
jewel in his State. Lake Mead is not only a great recreation site 
within Nevada's borders, but is known worldwide for its clean waters 
and the unforgettable Hoover Dam that was a vital public works project 
during the Great Depression. I understand that the project that the 
distinguished minority leader is concerned with was included in the 
President's budget as one of the Park Service's main priorities. Is 
that correct?
  Mr. REID. The Senator from North Dakota is correct. Because Lake 
Mead's water and wastewater facilities were constructed in the 1950s, 
and some as long ago as the 1930s, the National Park Service and the 
President put these projects forward as priorities. Failure of the 
water systems--including force mains, gravity mains and manholes--would 
cause significant risks to public health and the environment due to 
discharges of raw sewage from these systems. Sewage is generated at the 
lowest point in these systems due to waste-generating activities 
occurring close to the lake, so the pristine water quality of Lake Mead 
and Lake Mohave could be jeopardized if there were a major spill caused 
by catastrophic failure of one of these mains. Failure of any force 
main would also virtually shut down all commercial, residential, and 
recreational use within the development and could expose visitors and 
employees and their families to the risk of disease transmission via 
direct physical contact with raw sewage, as well as undermining roads, 
buildings, utility lines, or other structures due to high-pressure 
spray. In short, this is no little problem.
  Mr. BURNS. It is my understanding, Mr. President, that the 
administration's budget requested $9.4 million to deal with phase-1 
improvements to the water and wastewater systems at Lake Mead.
  Mr. REID. The Senator is exactly right.
  Mr. BURNS. Well, let me assure the minority leader that we will look 
for ways to help fund this long overdue maintenance of Lake Mead's 
water and wastewater systems. One option we can consider is to find 
funding for the failing wastewater system this year--I am told this is 
roughly $2.7 million--since it seems to pose the greatest threat to 
Lake Mead and its visitors. And we will certainly give the rest of the 
project the attention it deserves.
  Mr. REID. The chairman and ranking member are very kind to share my 
interest in this project. I greatly appreciate their assistance on this 
important issue.


                   Indian Health Facilities in Nevada

  Mr. REID. The Indian Health Service which is funded by this bill, is 
the agency charged with providing health care services to Native 
American people. We in this body must work to ensure that the Indian 
Health Service is meeting the needs of all Native Americans. My State 
is home to 22 Indian tribes, all of which are served by the Phoenix 
area office of the IHS. That same office also provides health services 
to the Indians of Arizona and

[[Page 14708]]

Utah, except for the Navajo Nation. Am I correct that this year's 
appropriations bill contains $8 million in funding for the construction 
of one of the ambulatory care clinics in the Phoenix area of the IHS?
  Mr. BURNS. The Senator is correct. The Phoenix Indian Medical Center 
Hospital System is at the top of the priority list for replacement of 
its inpatient facility. As part of this replacement, three ambulatory 
clinics will be constructed in the region to provide better health care 
services to the tribes in the area, including those in Nevada. The 
amount of $4 million in planning funds for design of two of the 
center's clinics was provided last year. This year, an additional $8 
million for the construction of one of the clinics that is part of that 
project is recommended in the Senate bill.
  Mr. REID. I thank the Senator. The tribes in my State are supportive 
of efforts to improve health care for tribes in Phoenix. They have told 
me that--of all the challenges that confront tribes today--health care 
is by far the most urgent, and perhaps the most daunting. I thank the 
Senator and the members of his subcommittee for realizing the 
importance of Indian health care and providing resources for it.
  However, the tribes in my State face another challenge in terms of 
the replacement of this medical center system. The current plans call 
for the replacement of three out-patient clinics in the Phoenix 
metropolitan area, and will provide for the eventual renovation of the 
in-patient medical center. These are important projects. However, 
tribes in Nevada cannot realistically make use of these centers. Tribes 
in Northern Nevada, for instance, are more than a day's drive from 
Phoenix.
  I am told that the Indian Health Services' plans to replace the 
Phoenix Indian Medical Center system were developed without adequately 
accounting for the health care needs of eligible beneficiaries in 
outlying areas, like Nevada, Utah or rural Arizona. I am also told that 
should those plans move ahead, the resulting health care delivery 
system will disadvantage eligible beneficiaries that reside a distance 
away from the Medical Center.
  In order to address these concerns, it is especially important to me 
that the IHS meet and discuss with Nevada tribes ways to improve health 
care services in Nevada, including facility needs and the Contract 
Health Services Program. In addition, I expect that these meetings will 
result in a report to the committe, with recommendations, to assist the 
committee in its ongoing efforts to improve the quality of health care 
for Nevada's Native Americans.
  Mr. DORGAN. I thank the Senator. My State has several Indian tribes 
as well, and I am aware of the challenges that they face. I assure the 
minority leader that the committee is aware of the Indian health needs 
in Nevada and expects that IHS will, No. 1, continue to meet and 
discuss with the 22 tribes in Nevada, as well as the Intertribal Health 
Board of Nevada and the Intertribal Health Board of Nevada, in an 
effort to find ways to improve the delivery and quality of health 
services to Native Americans in Nevada, and, No. 2, will report back to 
the committee in writing, with recommendations, on how to improve 
secondary and tertiary care in Nevada.
  Mr. BURNS. My State of Montana is home to tens of thousands of Native 
Americans, and I am familiar with the health care challenges that they 
and other Native Americans around the Nation face. I understand that 
the minority leader expects IHS to meet with all Nevada tribes to 
discuss ways to improve their health care services.
  Mr. REID. Mr. President, I look forward to working with the Senators 
to ensure that Indian beneficiaries in Nevada receive the critical 
health care funding that they need. I thank the Senators for their work 
on behalf of Native Americans throughout Nevada and the Nation, and I 
thank them for engaging in this colloquy.


                           amendment no. 1030

  Mr. BINGAMAN. Mr. President, on May 24, 1999, the Bureau of Indian 
Affairs produced an agreement regarding the funding formula for the two 
BIA postsecondary schools Southwestern Indian Polytechnic Institute, 
known as SIPI, and Haskell Indian Nations University. SIPI and Haskell 
agreed that while base funding for each institution would not be 
impacted, all new funds would be proportionately distributed to each 
school based on unmet student need. In accordance with the agreement, 
BIA developed a formula for unmet need.
  In the conference report to Public Law 106-113, the Interior 
Appropriations bill, Congress then directed BIA to allocate funds for 
SIPI and Haskell for fiscal year 2000 as determined by such formula. 
Since then, however, BIA has not used the formula agreed upon by all 
parties, but should have, as Congress directed.
  Mr. BURNS. The Senator from New Mexico is correct.
  Mr. DORGAN. I agree with the chair and the Senator from New Mexico.
  Mr. BINGAMAN. I ask if the chair and ranking member would work with 
me, should funding become available, to find $178,730 in conference for 
SIPI, which is the amount of funds I believe is needed to correct this 
situation for the period that the formula should have been used 
according to Congressional direction, up to and including fiscal year 
2006.
  Mr. BURNS. I will be happy to consider the Senator's request should 
funding become available.
  Mr. DORGAN. I, too, will do my best to help solve this problem.


                       highlands conservation act

  Mr. CORZINE. Mr. President, on November 30, 2004, President Bush 
signed the bipartisan Highlands Conservation Act into law to authorize 
up to $11 million per year over the next 10 years for land conservation 
partnership projects and open space purchases from willing sellers in 
the four-state Highlands Region.
  This law recognizes the national significance of land and water 
resources in the 3.5 million acre Highlands Region which stretches from 
northwestern Connecticut, across the lower Hudson River Valley in New 
York, through New Jersey and into east-central Pennsylvania. It will 
safeguard these critical resources to protect the pristine wilderness 
and wildlife of the Highlands.
  The value of the natural, recreational and scenic resources of the 
Highlands cannot be overstated. In a study of the New York-New Jersey 
Highlands region alone, the Forest Service found that 170 million 
gallons are drawn from the Highlands aquifers daily, providing quality 
drinking water for over 11 million people; 247 threatened or endangered 
species live in the New Jersey-New York Highlands region, including the 
timber rattlesnake, wood turtle, red-shouldered hawk, barred owl, and 
great blue heron. According to the U.S. Forest Service, over 14 million 
people visit the New York-New Jersey Highlands for outdoor recreation, 
more than Yellowstone National Park and our most heavily visited 
natural treasures.
  Mr. LAUTENBERG. According to the Forest Service, more than 5,000 
acres of forest and farm land in the New York and New Jersey sections 
of the Highlands have been lost annually to development between 1995 
and 2000, and nearly 300,000 acres of land critical to future water 
supplies remain unprotected. As the demand for new housing and other 
types of development continues to alter the vast areas of forest and 
open space in our region, it is important that Congress acts now to 
provide funding to preserve the high priority open space that remains. 
I appreciate the consideration by my colleagues from North Dakota and 
Montana of the importance of protecting the Highlands Region.
  Mr. CORZINE. I was proud to work with my colleagues in the Senate, 
Senators Lautenberg, Clinton, Schumer, Specter, Santorum, Lieberman and 
Dodd, and my colleague in the 
House of Representatives, Congressman Frelinghuysen to enact the 
Highlands Conservation Act into law. To secure appropriations to match 
the authorization, we requested from the Interior Appropriations 
Committee $11 million to support open space protection in the four 
Highlands States for fiscal year 2006. Unfortunately, that funding was 
not included in the bill. This vital

[[Page 14709]]

funding is needed to protect the Wyanokie Highlands, Scotts Mountain 
and Musconetcong Ridge in New Jersey, as well as to protect threatened 
areas in New York, Connecticut and Pennsylvania. It would also allow 
the USDA Forest Service to update its 1992 study of the Highlands 
Region to include the States of Connecticut and Pennsylvania. We would 
like to work with the chairman and ranking member to ensure they are 
protected. Will the Senators agree that should funding become available 
during the conference proceedings that they will work with us to secure 
funds to meet the goals of the Highlands Conservation Act and protect 
the Highlands, especially the New Jersey Region?
  Mr. DORGAN. I agree with the Senators from New Jersey that the 
Highlands Region is a vital national resource. If there are funds 
available in the conference report, I will work with the Senators to 
see if we can secure the funding needed to protect this region.
  Mr. BURNS. I understand the importance of the Highlands Region. 
Should funding become available during conference proceedings, I will 
work with my colleagues to seek funds to support land conservation 
partnership projects and open space purchases from willing sellers in 
the Highlands region.


                           amendment no. 1031

  Mr. BINGAMAN. Mr. President, my amendment provides more opportunities 
for Youth Conservation Corps to partner with the land management 
agencies funded through this bill. In addition, according to agency 
information, it would save the taxpayers money.
  For decades, we have included a provision in this bill requiring the 
land management agencies to carry out some of their projects in 
partnership with the Youth Conservation Corps. In the mid-1970s, we 
funded the YCC program at $60 million each year. Unfortunately, 
Congress has more or less forgotten the YCC for the last 5 years, which 
is how long it has been since we increased the modest setaside for the 
programs to about $7 million.
  YCC projects range from building trails and campsites, to restoring 
watersheds and monuments, to eradicating exotic pests and weeds. The 
Youth Corps bring to the agencies enthusiastic young adults that are 
ready to work hard to improve our public lands. The youth corps members 
come away with a good job and invaluable experiences.
  In New Mexico, for example, the Rocky Mountain Youth Corps has 
partnered with all of these agencies to carry our many projects over 
the years. One project was to create a scenic lakeside trail with an 
interpretive nature component in the Carson National Forest. Recently, 
the site was listed as one of the top 15 camping sites in New Mexico, 
and the lakeside trail is an integral component of that camping 
experience.
  We held a hearing on the YCC program in the Committee on Energy and 
Natural Resources a few years ago, and the Park Service Director 
testified that his agency received $1.70 in benefits for every $1.00 it 
invested in YCC projects. The Fish and Wildlife Service estimated that 
it received $2.00 dollars for every $1.00 it invested. Supporting this 
program is good fiscal policy.
  My amendment would provide a modest increase of almost $2 million in 
the YCC setaside, to be spread among the four agencies. This does 
little more than prevent the program from shrinking from where it was 5 
years ago, but it would result in tangible benefits to our youth, our 
public lands, and our budget.
  This amendment is good education policy, good public lands policy, 
good economic policy, good government policy, and good fiscal policy. I 
am gratified that this amendment was adopted.


                           Amendment No. 1050

  Mr. KYL. Mr. President, I rise today to speak to the withdrawal of my 
amendment No. 1050 to H.R. 2361, the pending Interior Appropriations 
bill. Although the amendment was withdrawn, I remain committed to 
addressing the funding inequities in the EPA-administered Clean Water 
Act State Revolving Fund--CWA SRF--the primary Federal mechanism for 
financing clean water and wastewater infrastructure projects 
nationwide.
  I applaud both Senator Burns and Senator Dorgan, the chairman and 
ranking member respectively, for recognizing the importance of this 
program and funding it at the fiscal year 2005 level of $1.09 billion 
in this tight budget year.
  Our States do depend on CWA SRF to provide much needed financial 
assistance in the form of low interest loans to towns and cities to 
help defray the costs of maintaining and upgrading their water 
treatment systems. It is especially beneficial for small rural water 
companies that serve so much of the Western and Midwestern States.
  However, providing level funding for the CWA SRF is not enough. We 
have a more fundamental problem that needs to be addressed with regard 
to the CWA SRF. That is, the inequities built into the current CWA SRF 
formula which will determine how much of the $1.09 billion each State 
gets. Senator Burns recognizes that too, and has agreed to work with me 
to correct it.
  Congress adopted the current allocation formula in the 1987 
amendments to the Clean Water Act. The formula was developed behind 
closed doors during the conference.
  Nowhere in the legislative history of Congress' final action on the 
1987 amendments is there a clear statement about how it came up with 
the final allocation formula--it is even difficult to guess. The 
conference report on the final legislation merely states: ``The 
Conference substitute adopts a new formula for distributing 
construction grant funds and the state revolving loan fund 
capitalization grant funds and the state revolving loan fund 
capitalization grants among the states for fiscal years 1987 through 
1990.'' The allocations are fixed, statutory percentages. That is to 
say, once the Act was signed into law, each would receive the same 
share of available funds in perpetuity, unless the Act itself is 
amended.
  This is not the first time I have come to the floor to persuade my 
colleagues to act to change this formula, and I doubt it will be the 
last. Some of you may remember that we had a very good debate on August 
2, 2001, during the Senate's consideration of the VA-HUD appropriations 
bill on this very issue that resulted in the Senate expressing its 
sense about the need to report authorizing legislation that included an 
equitable, needs-based formula.
  As my constituents remind me, we have yet to either amend or 
reauthorize the portion of the Clean Water Act pertaining to the CWA 
SRF or the faulty formula. Year after year promises are made but 
nothing happens. The authorizing committee has had years to change the 
formula and has not done so. There is a reason nothing happens-- 
because the States that benefit from the current formula do not want it 
to change. There is nothing wrong with that. I do not blame them, but 
there comes a time when one's patience wears thin. I think we have an 
obligation to say enough is enough. We must change the formula.
  After all, let's look at the current situation we face in the bill 
before us. We are appropriating dollars to an unauthorized program--it 
expired in 1990--using a statutory formula set 19 years ago that bears 
no relationship to the actual needs reported by the states. That is 
sad, and it needs to change.
  It is interesting to note that, when Congress enacted the 1996 Safe 
Drinking Water Act, we ensured that no such inequity would haunt the 
newly created Drinking Water State Revolving Fund. From its inception, 
the Drinking Water Fund was allocated on the basis of a quadrennial 
infrastructure needs survey conducted by the various States under EPA 
supervision and guidance. The survey involves the States in determining 
their own needs for drinking water infrastructure to ensure compliance 
with EPA regulations. The EPA, in turn, validates the state submissions 
and compiles them in a report to Congress. The EPA then allocates 
Drinking Water Fund appropriations on the basis of each State's 
proportional share of the total need.
  There is a fundamental fairness associated with allocating the funds 
on the basis of the survey. The States themselves participate in the 
survey. The

[[Page 14710]]

EPA has oversight, but in the end, valid needs are simply compiled into 
the aggregate, and the resulting State share of the total national need 
determine Drinking Water Fund allocations among the States.
  Unfortunately, as we all know, the same is not true for the much 
larger CWA SRF. A Clean Water Needs Survey is performed by the States 
every 4 years called the ``Clean Watershed Needs Survey'' and the EPA 
in fashion similar to the compilation of the Drinking Water Needs 
Survey validates the State's submissions and compiles them in a report 
to Congress. The Clean Watershed Needs Survey, however, has no impact 
on CWA SRF allocations.
  I believe, as I am sure do most of my fair-minded colleagues, that we 
must work together to right this wrong. There is no reason for the 
Drinking Water Fund to be allocated fairly on the basis of actual need, 
while the CWA SRF is allocated on an arcane set of fixed percentages 
that were established before most of us were elected to Congress.
  So what does my amendment do? What my amendment would do is update 
the funding formula using the Drinking Water Fund formula as precedent. 
Under my amendment, each State would receive funds based on its share 
of the total 20 year-clean watershed infrastructure needs, as 
documented in the most recent Clean Watershed Needs Survey, with no 
State receiving less than 1 percent of the total appropriated for the 
CWA SRF. There would be up to 1.5 percent set aside for Indian Tribes 
and 0.25 percent for all the U.S. territories.
  What I am saying is, let's even out the playing field and make sure 
that everybody gets at least a share closer to what the EPA says they 
deserve to have. That is what we are trying to do, make it fair for 
everybody.
  Let me cite some examples that demonstrate the fundamental unfairness 
of the current formula in contrast to my amendment. There are 12 States 
that are receiving more funding than the minimum allocation and more 
than they documented in needs in the survey. These States would lose 
the windfall they are currently receiving under my amendment.
  But there are some States, like New Jersey and Florida, that are 
receiving significantly less than their share. My amendment would 
correct this inequity. New Jersey, for example, would receive about $45 
million under the current formula. It would receive almost $61 million 
under my amendment--about a $16 million increase. Florida would receive 
about $37 million under the current formula but would receive almost 
$48 million under my amendment--about a $10 million increase. The 
increases these States receive demonstrate the fact that they have been 
significantly shortchanged in the past. My home State falls into this 
category. Arizona ranks 10th in need according to the latest EPA Clean 
Watershed Needs Survey. However, Arizona ranks dead last, behind all 
the States and Puerto Rico in the percentage of needs met under the 
current formula. In terms of dollars, Arizona would receive about $7 
million under the current formula, but would receive almost $31 million 
under my amendment. I am sure now it is clear why I am standing here.
  My amendment also helps small States. Those States would receive the 
minimum allotment, which is actually a greater percentage than they 
should based on the needs they documented in the needs survey. There 
are five other States that will see a reduction in what they receive, 
but these States have had a larger percentage of their total needs 
funded under the current formula since it was enacted. The state of New 
York is an example. New York is No. 1 in need and No. 1 in total 
dollars received out of the CWA SRF. I should point out that although 
New York's total allocation would go down under my amendment it would 
continue to rank No. 1 in terms of dollars allocated. New York would 
receive approximately $95 million.
  The formula that I proposed in my amendment assures that each State 
could meet the clean water needs of its citizens by bringing 
fundamental fairness to the allocation of the appropriated dollars. It 
ensures that all States receive a fair share, and recognizes that needs 
change over time. By changing the formula to comport with the needs 
survey, it will adjust to changing circumstances and, thus, will 
protect all states.
  If my colleagues have a better formula I urge them to come forward 
with it. This issue is not going away. Senator Burns recognizes that. 
In return for my withdrawal of this amendment, he has agreed to work 
with me to persuade the authorizing committee to get this done. I thank 
him for that.
  Mr. CHAFEE. Mr. President, I wish to register my opposition to the 
Kyl amendment No. 1050 to H.R. 2361, the Senate Interior Appropriations 
bill.
  The Clean Water State Revolving Fund Program is essential for 
protecting public health, watersheds, and the natural environment by 
providing critical federal seed money for the maintenance and 
improvement of water infrastructure. Despite important progress in 
protecting and enhancing water quality since the enactment of the Clean 
Water Act in 1972, serious water pollution problems persist throughout 
the Nation.
  The need for continued Federal investment in the Nation's water 
infrastructure is undeniable. The Environmental Protection Agency's 
September 30, 2002 Clean Water and Drinking Water Infrastructure Gap 
Analysis found that there will be a $535 billion gap between current 
spending and projected needs for water and wastewater infrastructure 
over the next 20 years if additional investments are not made. In 
November 2002, the Congressional Budget Office estimated that the 
annual investment in clean water infrastructure needs to be at least 
$13 billion for capital construction and $20.3 billion for operation 
and maintenance.
  The Kyl amendment would restructure the current formula for 
distributing federal funding to the states under the Clean Water State 
Revolving Fund, SRF, Program. As chairman of the Subcommittee on 
Fisheries, Wildlife, and Water, with authorizing jurisdiction over the 
Clean Water Act and the SRF Program, I thank Senator Kyl for his 
interest in the clean water formula.
  However, I believe the Interior appropriations bill is the wrong 
forum for discussion of any statutory changes to the Clean Water SRF 
formula. Members of the subcommittee and the Environment and Public 
Works Committee are working closely to craft water infrastructure 
legislation that would authorize new funding for the Clean Water and 
Drinking Water SRFs, as well as address the antiquated Clean Water SRF 
formula.
  Senator Kyl is correct, the Clean Water SRF formula is in need of 
revision. Arizona is one of many States that have seen their needs grow 
since the last time the formula was updated in 1987. The Environment 
and Public Works Committee is working on the necessary changes to the 
SRF, and hope to move water infrastructure legislation by the end of 
the summer.
  I encourage my fellow colleagues to oppose the Kyl amendment and 
support the ongoing process of updating the Clean Water formula by the 
Environment and Public Works Committee.
  Mr. INHOFE. Mr. President, to begin, let me assure my colleague that 
as chairman of the Environmental and Public Works Committee, I am fully 
aware of how important this issue is to his State of Arizona. His 
State's current allocation under the Clean Water Act is well below the 
State's proportional need.
  As my colleague knows, the EPW Committee has for the past two 
Congresses passed legislation to reauthorize the Clean Water and 
Drinking Water SRFs. In those bills, the committee also rewrote the 
clean water formula. My colleagues Senators Jeffords, Chafee and 
Clinton and I are working on a new proposal and feel confident that 
unlike our previous efforts, this bill will be enacted into law.
  My State of Oklahoma would get more money under the Kyl formula than 
under the current allocation. I would like to support your amendment 
because it brings more dollars home to

[[Page 14711]]

Oklahoma. However, all States need more water infrastructure money as 
their systems age and struggle to meet the ever-growing list of Federal 
regulations. There is a significant nationwide shortage of funds that 
is affecting all States.
  Given current Federal appropriations, there is simply no way to 
rewrite the formula so that all States win. If we change the formula, 
without reauthorizing the State Revolving Loan Funds, some States will 
have to lose money. In order to assure that each State receives 
sufficient funds to run an effective program, we need to enact water 
infrastructure legislation which raises the authorization level for 
this important program while also addressing the formula. The 
committee's long-term goal is to keep everyone whole because all States 
need more money not less. I hope all of my colleagues who care strongly 
about the Kyl amendment will rally around the bill that we hope to pass 
out of committee next month.
  The committee will do as the Senate promised Senator Kyl during the 
107th Congress and pass another formula. We will put forth a proposal 
that minimizes the pain to those States that will see their clean water 
funding cut while providing modest increases to other States. We will 
continue to work to increase the authorization to this important 
program so that the needs of all States can be met.
  I appreciate my colleague's willingness to withdraw his amendment and 
allow the committee to do its work.
  Mr. JEFFORDS. Mr. President, I rise in opposition to the Kyl 
amendment No. 1050.
  This amendment seeks to change the distribution formula for the Clean 
Water State Revolving Fund which sends money to the states for water 
infrastructure projects.
  The Clean Water Act is within the jurisdiction of the Environment and 
Public Works Committee, of which I am the ranking member. We are aware 
of the issues raised by Senator Kyl in this amendment--the distribution 
formula is outdated. It was adopted in 1987 and has not changed.
  Arizona receives a very small percentage of the total through this 
formula. However, an appropriations bill is not the right place for 
this change in authorizing legislation. A change of this magnitude 
needs to be worked through the authorizing committee.
  There are serious consequences to this type of action. For example, 
under the Kyl formula, the State of Ohio loses 30 percent of its 
current allocation. Tennessee would lose 32 percent. Michigan would 
lose 57 percent. Massachusetts would lose 38 percent of its current 
allocation.
  In the last two Congresses, the EPW Committee has acted to update the 
formula and increase funding levels for the Clean Water State Revolving 
Fund. This Congress, we are again planning to move this legislation 
through the committee in just a few weeks.
  I cannot support an amendment making a change of this significance on 
an appropriations bill. There are also some problems with the language 
in the Kyl amendment.
  It calls for States to receive at least 1 percent of the total if 
their need is less than 1 percent and it simultaneously calls for all 
other States to receive their need. This is simply impossible to do.
  With a finite pot of money, in order to establish a 1 percent floor, 
it is necessary to take some funds away from nonfloor States. The Kyl 
amendment fails to include this step in the process.
  In addition, the Kyl amendment includes a provision dealing with 
unallocated balances. Again, there are no unallocated balances in a 
formula that distributes 100 percent of the available money.
  The Senate should not act on an authorizing change of this magnitude 
on an appropriations bill. The Environment and Public Works Committee 
is on the verge of marking up legislation dealing with this exact 
issue.
  In addition, there are technical problems with the Kyl amendment that 
would make it impossible to implement. Therefore, I urge my colleagues 
to vote ``no'' on the Kyl amendment.
  Mr. DODD. Mr. President, I was necessarily absent from the Senate 
yesterday and missed rollcall votes 158 through 160. There were two 
reasons for my absence. First, I attended a memorial service for Mrs. 
Marcia Lieberman, the mother of our colleague, Joseph Lieberman. 
Second, I attended memorial services for Robert Killian Sr., the former 
Lieutenant Governor of Connecticut, a close friend to me and my family. 
Had I been present for these votes, I would have voted as follows:
  Rollcall vote No. 158: ``Yea''; rollcall vote No. 159: ``Nay''; 
rollcall vote No. 160: ``yea''.
  Mr. JEFFORDS. Mr. President, I would like to spend a moment talking 
about the funding of critical programs under the jurisdiction of the 
Environmental Protection Agency, EPA. While I am pleased with the 
Appropriations Committee's efforts to fund the State Revolving Fund for 
Wastewater Treatment and for Drinking Water at the highest possible 
levels, I am gravely concerned about the overall cut in environmental 
spending contained in the bill before us today.
  A clean and healthy environment may be our most important legacy for 
our children. It saddens me to think that under the guise of fiscal 
responsibility, the bill before us today cuts spending at the 
Environmental Protection Agency, EPA, to levels not seen since fiscal 
year 2001. This bill funds the EPA at $7.88 billion. As recently as 
fiscal year 2004, the EPA received $8.365 billion. This is a cut of 
almost $500 million in just 2 years.
  Because of the administration's fiscal policies and priorities, which 
have led to record deficits, we are now going to underfund many 
programs that are important to the protection of public health and the 
environment. While I appreciate the dire straits that the Interior 
Subcommittee members found themselves in, particularly relative to 
other subcommittee's allocations, I am very concerned with some of the 
proposed cuts. In addition, I am very concerned that these levels will 
drop further in conference with the House, which is significantly more 
hostile to such programs under its current leadership.
  I want to highlight a few of the funding reductions in air protection 
programs that I am concerned about and hope will be increased in 
conference.
  The bill includes a reduction for the Clean Air Allowance Trading 
program. This reduction will impede the implementation of the 
administration's recently and much-touted clean air interstate rule.
  The bill recommends a large reduction in EPA's Federal Vehicle and 
Fuels Standards and Certification Program. Such a cut from the budget 
request appears designed to harm the Agency's ability to proceed on a 
number of fronts that would otherwise produce cleaner vehicles and air 
sooner. Specifically, the cuts will make it harder for EPA to propose 
and finalize, as promised in regulation and, in some cases, directed by 
Congress, a rule on mobile source air toxics, on locomotive and marine 
diesel engine emissions performance, and on small engine emissions 
standards.
  This bill would cut by 10 percent EPA's research on national air 
quality standards. Such a cut goes against continuing scientific 
revelations about the significant harm that air pollution at all levels 
causes to public health. In addition, this cut could further delay the 
already late implementation rules for PM-2.5 and the second phase on 
the ozone standard. At a time when EPA should be focusing heavily on 
revisions to the PM-2.5 and ozone standards, and the necessary 
scientific research to support those reviews, as well as providing 
critical advice to the States and local governments on the most 
effective methods of control and monitoring, these reductions cause me 
great concern.
  The bill would reduce the budget request for Federal Support for Air 
Quality Management by $22.7 million. This will cut back on plans for 
the national clean diesel initiative and substantially delay the EPA's 
efforts to improve the reliability and availability of Air Quality 
Index forecasts around the Nation. As Senators may know, this is a 
particularly important tool for the

[[Page 14712]]

growing population of asthmatic children. Parents need to know ahead of 
time if the day will be code red, orange or otherwise dangerous to 
vulnerable populations. Related cuts in the Clean Schoolbus program 
request also need to be restored.
  Finally, while I appreciate that this bill rejects the 
administration's proposed cuts in the domestic stratospheric ozone 
program, we seem to be headed again toward underfunding our commitment 
to the Montreal Protocol. This international treaty has been a 
resounding success in helping to protect the ozone layer from CFCs. I 
do not know of a good reason for the United States not to contribute 
its ratified share of the costs of phasing out ozone depleting 
substances and developing alternatives on a global basis.
  This bill would cut spending at the EPA by $144 million from last 
year's level, and this does not take into account inflation or the 
mandatory cost of pay increases. I will vote for this bill in the hopes 
that it will become better in conference, and with the recognition that 
the appropriators have done a good job with limited resources.
  Mr. OBAMA. Mr. President, I speak about the plight of children 
afflicted by elevated levels of lead in their blood. Although it has 
been three decades since lead was a component of paint, the effects of 
lead paint continue to linger in homes across the country. As the lead 
paint flakes off, the dust is inhaled, and some kids eat the chips.
  Lead is a highly toxic substance that can produce a range of health 
problems in young children, including damage to the kidneys, the brain, 
and bone marrow. Even low levels of lead in pregnant women, infants, 
and children can affect cognitive abilities and fetal organ development 
and lead to behavioral problems.
  Over 430,000 children in America have dangerously high blood lead 
levels. This is a particularly serious problem for Illinois, which has 
the highest number of lead-poisoned children in the nation. In Chicago 
alone, 6,000 children have elevated blood lead levels.
  In 1992 Congress passed the Residential Lead-Based Paint Hazard 
Reduction Act. The law required the Environmental Protection Agency, 
EPA, to promulgate regulations by October 1996 regarding contractors 
engaged in home renovation and remodeling activities that create lead-
based paint hazards. Renovation and repair of older residences is the 
principal source of lead-paint exposure to U.S. children. According to 
Federal studies, a large majority of the approximately 20 to 30 million 
renovations done on older homes each year are done without lead-safe 
cleanup and contamination practices.
  The EPA analysis has found that a lead paint regulation would protect 
1.4 million children and prevent 28,000 lead-related illnesses every 
year. Such a regulation would also lead to a net economic benefit of 
between $2.7 billion and $4.2 billion each year.
  Despite the clear health and economic benefits, these regulations are 
now 9 years overdue, and there is no sign that EPA is moving any closer 
to issuing the required rules. Last month, I joined with Senator Boxer 
and Representatives Waxman, Lynch, and Towns to express our concern 
about EPA's complete disregard of the statutory mandate to issue lead 
paint regulations.
  To address the problem, I have introduced an amendment that would 
stop EPA from spending money on any actions that are contrary to 
Congress' 1992 mandate to issue lead paint regulations, including any 
delaying of the regulations. I thank the managers of this bill, Senator 
Burns and Senator Dorgan, for their support of this amendment and for 
including it in the bill.
  I hope EPA will read this amendment and understand that the time for 
these common-sense lead regulations is long overdue.
  Mr. McCAIN. Mr. President, today the Senate is considering the 
Interior, Environment, and Related Agencies Appropriations bill for 
Fiscal Year 2006. This bill provides approximately $26.2 billion in 
discretionary spending--approximately $542 million over the President's 
request--for the Forest Service, the Environmental Protection Agency, 
the Indian Health Service, most agencies of the Interior Department--
except the Bureau of Reclamation, and the National Foundation on the 
Arts and the Humanities. I commend the members of the Senate 
Appropriations Committee, and in particular, the efforts of the 
Interior Appropriations Subcommittee, for completing this appropriation 
bill in a timely manner.
  Unfortunately, as is the case with many of the appropriations bills 
that come to the floor, this bill and its accompanying report contains 
earmarks and pork projects which have not been authorized or requested. 
The bill provides funding for critical programs like forest health and 
restoration, superfund cleanup, the Land and Water Conservation Fund, 
and PILT, but all too often, many of these accounts are eroded by 
unnecessary, unrequested earmarks.
  This is especially frustrating given the $600 million annual 
maintenance backlog that is crippling the National Park system. There 
is not a single member of this body who does not have a National Park 
or monument, or other Park Service unit in his or her State that is not 
in need of attention. And while curbing the use of earmarks might not 
solve our Nation's enormous deficit or save our National Parks from 
long-term dilapidation, doing so would be a good step in repairing our 
broken appropriations process.
  Let's take a look at some of the earmarks that are in this bill or 
its accompanying report: $875,000 for a new water storage tank in the 
Town of Westerly, RI; $1,000,000 for water treatment projects in the 
Town of Waitsfield, VT; $2,465,000 for sudden oak death research; 
$200,000 for a poultry science project at Stephen F. Austin State 
University, Texas; $1,000,000 for statewide cesspool replacement in the 
County of Maui, HI; $1,800,000 for eider and sea otter recovery work at 
the Alaska SeaLife Center; $1,114,000 for a research laboratory in 
Sitka, AK; $500,000 for the University of Northern Iowa to develop new 
environmental technologies for small business outreach; $250,000 for 
paper industry byproduct waste reduction research in Wisconsin; 
$500,000 to continue research on pallid sturgeon spawning in the 
Missouri River; $400,000 to complete a bear DNA sampling study in 
Montana--the fourth consecutive year this earmark has been added to an 
appropriations vehicle; $450,000 for a well monitoring project in 
Hawaii; $5,100,000 to complete the visitor center at the Little Rock 
Central High School National Historic Site, Arkansas; $6,059,000 to 
rehab bathhouses at Hot Springs National Park, AR; $160,000 for soil 
survey mapping in Wyoming; $400,000 for studies on the impact of lead 
mining in the Mark Twain National Forest; $500,000 for restoration at 
the Mark Twain Boyhood Home National Historic Landmark in Missouri.
  In what has become perhaps one of the greatest examples of pork 
barrel politics, the Forest Service has lost more than $850 million 
since 1982 on timber sales and the construction of access roads for 
commercial logging in Alaska's Tongass National Forest. More than 4,000 
miles of these roads criss-cross the Tongass and have accrued at least 
$100 million in deferred maintenance while serving little public 
purpose. And every year, Congress continues to appropriate funds to 
build new roads without accounting for the encumbrance imposed by 
existing roads. I support commercial logging, but not when it requires 
Federal subsidies that offer no return to the taxpayer. These federally 
funded roads are meant to stabilize the price of timber logged from the 
Tongass, but the program actually costs the Federal treasury tens of 
millions of dollars each year--nearly $48 million in fiscal year 2004 
alone--because the value of Tongass lumber is not competitive and so 
the Forest Service takes a loss on almost every timber contract it 
manages. To clarify, Mr. President, that is hundreds of millions in 
Federal subsidies just to lose hundreds of millions in unprofitable 
logging.
  Mark Twain, a cynic of politicians and government, once wrote: ``One 
of

[[Page 14713]]

the first achievements of the legislature was to institute a ten-
thousand-dollar agricultural fair to show off forty dollars worth of 
pumpkins.'' I can only speculate what Mark Twain would say about the 
egregious waste of taxpayer money allocated to continue the timber 
subsidy program in the Tongass National Forest.
  I am pleased to have joined with Senator Sununu and others in 
offering an amendment which would prohibit funding for road building in 
the Tongas National Forest. I hope my colleagues' will support this 
amendment.
  Many of my colleagues may have forgotten, but it is a violation of 
Senate rules to legislate on an appropriation bill. Directing or 
authorizing policy is a function reserved for the authorizing 
committees, not the appropriations committee. As is done far to 
frequently, this appropriations bill includes a variety of policy 
changes. Examples include: Language that authorizes the construction of 
a replacement IHS facility in Nome, AK, on land owned by the Sound 
Health Corporation; Language that allows the Secretary of the Interior 
to collect parking fees at the U.S.S. Arizona Memorial; Language that 
restricts the use of Forest Service answering machines during business 
hours unless the answering machine includes an option that enables 
callers to reach an individual. Why is this appearing in an 
appropriation bill? Perhaps the appropriators could exert jurisdiction 
over the waiting lines at the DMV?
  Also, language that requires National Recreation Reservation Service 
call centers to be located within the United States and language that 
extends Abandoned Mine Land program until June 30, 2006. This is the 
third time the AML program has been extended via the appropriations 
process.
  I may not have qualms with many of these particular expenditures and 
policy items. Some of them may be truly needed and deserving of swift 
passage. However, it is the casual disregard for Senate procedure that 
concerns me deeply. We need to be protecting the American taxpayer, not 
waving rules and passing appropriation bills with wasteful spending. We 
need to be thinking about the future generations who are going to be 
paying the tab for our continued spending, not delivering pork projects 
to special interests and their lobbyists. Surely, my colleagues are 
aware of the fiscal challenges facing this Nation. The national debate 
is consumed by questions like: How will we pay for rising Medicare and 
Medicaid costs? Will we be protected from rising energy costs? Will 
Social Security be there for our children? The answers to those 
questions fall to the Congress my friends.
  Mr. BURNS. Mr. President, I want to thank a lot of folks for their 
work on this bill we have considered today and over the last few days. 
This has been a bill we have worked our way through. I wish we could 
have sped it up. I thank the minority staff, Peter Kiefhaber and 
Rachael Taylor and Brooke Thomas. Of course, I thank my good friend 
from North Dakota who has really been good to work with. Also, over on 
our side, I thank Bruce Evans, Rebecca Benn, Leif Fonnesbeck, Ginny 
James, Ryan Thomas, Michele Gordon, and Ellis Fisher. I thank that 
staff because they have done yeomen's work. They have worked very long 
hours in order to pass this bill.
  I ask the Senator, do you have any closing remarks?
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I thank my colleague, Senator Burns, who I 
think has done a wonderful job. I appreciate working with him and his 
staff. I think this is a good bill, produced under difficult 
circumstances. This bill is actually substantially below the current 
fiscal year's spending.
  The professional staff on the majority side--Virginia James, Leif 
Fonnesbeck, Ryan Thomas, Rebecca Benn, and Michele Gordon--have done a 
great job. Also, I thank Rachael Taylor on the minority side. And Bruce 
Evans and Peter Kiefhaber, the two clerks, both have done a lot of work 
to get us to this point. I want them to know how much we appreciate 
their work.
  Mr. BURNS. Mr. President, I ask for third reading.
  The PRESIDING OFFICER. The question is on engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  Mr. BURNS. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The minority leader.


      Senator Frank R. Lautenberg Casts His 7,000th Rollcall Vote

  Mr. REID. Mr. President, the next vote that will be cast by my friend 
from New Jersey, Senator Lautenberg, the junior Senator from New 
Jersey, will be his 7,000th vote.
  Senator Lautenberg was elected in 1982 to the Senate, and served 
three terms before taking a ``sabbatical'' in 2000. I repeat, he was 
not defeated, he took a ``sabbatical.'' He decided to take leave of the 
Senate for a while. He ran again in 2002, when Senator Torricelli 
retired, and the Democrats were desperate for someone who could win in 
New Jersey. He stepped forward because he is always a sure winner. 
Senator Lautenberg has the rare distinction of having held both of New 
Jersey's Senate seats.
  Senator Lautenberg may be a ``freshman'' of sorts, but the only other 
two Senators from New Jersey who have cast more rollcall votes than the 
junior Senator from New Jersey, my friend Senator Lautenberg, are 
Harrison Williams, who cast 8,349 votes over the course of his career, 
and Clifford Case, who cast 7,684 votes. Senator Lautenberg is third, 
having cast more votes than Senator Bradley, for example.
  Senator Lautenberg's parents were poor but hard-working immigrants 
who came to America through Ellis Island. Senator Lautenberg joined the 
Army when he was 18 and served in the European Theater during World War 
II. When he returned from the war, he went to Columbia University on 
the GI bill. Then he and two friends started a payroll company. It was 
very small. They started from scratch. But they did not just start a 
company, they started an entire industry: computer services.
  Today, that company--that little startup company, ADP--has annual 
sales of almost $8 billion a year, and employs 42,000 people worldwide. 
It issues the paycheck of one out of every six private sector workers 
in America, and it processes over 850 million investor transactions and 
communications every year.
  After establishing and running one of the most successful businesses 
in America, Senator Lautenberg decided to ``give something back,'' so 
he became a commissioner at the Port Authority of New York and New 
Jersey. Then after serving as a commissioner at the Port Authority of 
New York and New Jersey, Frank Lautenberg became Senator Frank 
Lautenberg. Senator Lautenberg's motto is ``Only in America.''
  He has done many great things legislatively. They are too many to 
list here tonight. But one thing I will always look back at, as to what 
this great Senator did, is what he did for my children. Years ago, when 
we traveled back and forth across the country, my children were 
allergic to cigarette smoke, literally allergic. They did not like it, 
and the little ones cried. Children in America no longer have to worry 
about that because of the Senator from New Jersey. He did a favor for 
me--because it made it so much easier on my children--and the rest of 
America.
  Senator Lautenberg is a great Senator. The people of New Jersey are 
so fortunate this good man, who was financially set, would take public 
service as his life's work. I so admire him. I know the rest of my 
colleagues join me in congratulating the ``junior'' Senator from New 
Jersey on this significant milestone in an already accomplished career.

[[Page 14714]]

  (Applause, Senators rising.)
  Mr. LAUTENBERG. Thank you very much.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, I thank the Democratic leader for 
those kind comments. I had hoped he would go on a little longer.
  (Laughter.)
  But, in any event, I thank you and all of my colleagues.
  There are 7,000 votes. If I were asked to recite which of those I 
liked the best or which of those I disliked the most, I would be hard 
pressed to remember them. But the fact is, even though we have 
disagreements on some issues and agreements on others, I speak 
sincerely when I say I am proud to serve with all of you.
  I know each of us has a responsibility that carries way outside this 
Chamber. We make the decisions here. But the desire to be of service 
and the obligation originates in places that we are all too familiar 
with. So we have differences.
  I am going to stick up for my views, and I know others will stick up 
for theirs. The fact is, we are here to serve. I am proud to serve with 
each and every one of you. I am grateful for the commentary and thank 
you all very much.
  (Applause, Senators rising.)
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. CORZINE. Mr. President, being the junior Senator from New Jersey, 
I must say that of all of the people I have watched live the American 
dream and then believe that it is their obligation to give back--the 
distinguished minority leader itemized the life of Frank Lautenberg--no 
one cares more about that American dream and making sure it is 
available for his children and all the children of America. I have to 
say as a colleague but, more importantly, as a friend, I am honored to 
serve with you every day, and I appreciate very much what you have done 
for the State of New Jersey. I know the people of the State of New 
Jersey care very deeply about Frank Lautenberg.
  The PRESIDING OFFICER. The majority leader.
  Mr. FRIST. Mr. President, a number of people have asked about the 
schedule. We will have two more votes tonight. We will have a vote on 
final passage and then on a motion to proceed to the CAFTA bill. We 
will be addressing CAFTA tonight, and we will be on it--there are 20 
hours--tonight and through tomorrow. We will be completing two 
appropriations bills before we leave this week, which means tonight 
will be busy. We will have no rollcall votes after the two which will 
be back to back shortly. We will be debating CAFTA through tomorrow, 
and then we will do two other appropriations bills sometime before we 
leave. It means that we may well be here Friday to vote, which we 
talked about earlier this morning.
  In addition, as we said this morning, both the Democratic leader and 
I, when we come back after our recess, it is going to be important for 
people to recognize the huge amount that we have to do. We are 
competing with people going back to their States, people who are saying 
we need to work Tuesdays, Wednesdays, and Thursdays, but not Fridays 
and Mondays because we have other things to do. We are going to have to 
have people here voting on Mondays when we announce that and also on 
Fridays. But with that, we have two votes tonight. They will be back to 
back, and no more rollcall votes after those two.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. REID. I am wondering if we could have unanimous consent that 
these next two votes be 10 minutes each. Everybody is here--10 minutes 
on the first one, 10 minutes on the second one. Then we can move on to 
the CAFTA bill at that time. I ask unanimous consent that be the case.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill having been read the third time, the question is, Shall the 
bill, as amended, pass?
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators are necessarily absent: the 
Senator from Utah (Mr. Bennett), the Senator from New Hampshire (Mr. 
Gregg), the Senator from Florida (Mr. Martinez), and the Senator from 
Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from Connecticut (Mr. 
Lieberman) is absent due to death in family.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 94, nays 0, as follows:

                      [Rollcall Vote No. 168 Leg.]

                                YEAS--94

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--6

     Bennett
     Coburn
     Gregg
     Lieberman
     Martinez
     McCain
  The bill (H.R. 2361), as amended, was passed.
  (The bill will be printed in a future edition of the Record.)
  Mr. CRAIG. Mr. President, I move to reconsider the vote.
  Mr. BOND. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________