[Congressional Record (Bound Edition), Volume 153 (2007), Part 5]
[Senate]
[Pages 6850-6852]
[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-25. A concurrent resolution adopted by the Legislature 
     of the State of Kansas relative to supporting the National 
     Bio and Agrodefense Facility; to the Committee on 
     Agriculture, Nutrition, and Forestry.

                  House Concurrent Resolution No. 5009

       Whereas, Homeland Security Presidential Directive 9 has 
     tasked the Secretary of the Department of Homeland Security 
     to coordinate ``countermeasure research and development of 
     new methods for detection, prevention technologies, agent 
     characterization, and dose relationships for high-consequence 
     agents;'' and
       Whereas, at present there are no facilities in the United 
     States that have adequate containment, security, equipment 
     and infrastructure to meet the requirements identified in 
     Presidential Directive 9; and
       Whereas, to meet this need, the Department of Homeland 
     Security and its federal partners initiated plans for a 
     National Bio and Agrodefense Facility (NBAF); and
       Whereas, the NBAF will enhance protection from both natural 
     and intentional threats by modernizing and integrating high-
     biosecurity facilities, thus enhancing our nation's capacity 
     to assess potential threats to humans and animals alike; and
       Whereas, the Department of Homeland Security is seeking a 
     location to build the $451 million, 500,000 square foot, NBAF 
     facility; and
       Whereas, the State of Kansas pledges its support for the 
     funding and construction of the NBAF to address the needs of 
     Kansas and the nation to protect human and animal health from 
     both naturally occurring and intentionally introduced disease 
     threats; and
       Whereas, Kansas is the ideal location for the NBAF. Kansas 
     is a world leader in bioscience, especially in the areas of 
     animal health and vaccines, infectious diseases and food 
     safety, and has an exceptionally well qualified workforce; 
     and
       Whereas, two sites in Kansas, one in Manhattan and one in 
     Leavenworth, are actively under consideration by the 
     Department of Homeland Security to site the NBAF facility; 
     and
       Whereas, the State of Kansas has already demonstrated its 
     strong support for the siting of the NBAF in Kansas, as 
     Governor Kathleen Sebelius and the Kansas Bioscience 
     Authority have taken the initiative to create a task force of 
     prominent industry leaders, public officials, including the 
     entire Kansas Congressional Delegation, representatives from 
     the Kansas Legislature, producer groups and leaders of 
     prominent academic institutions to lead Kansas' bids for the 
     NBAF; and
       Whereas, the State of Kansas has a long-standing commitment 
     of supporting biosecurity research in partnership with the 
     federal government. Most recently, Kansas and the federal 
     government invested $54 million in the nation's most modern 
     biosecurity laboratory, the Biosecurity Research Institute at 
     Kansas State University: Now, therefore, Be it
       Resolved by the House of Representatives of the State of 
     Kansas, the Senate concurring therein, That the Kansas 
     Legislature pledges its support for Kansas State University, 
     the City of Manhattan and the City of Leavenworth in their 
     bids to site the U.S. Department of Homeland Security's 
     National Bio and Agrodefense Facility, and that the 
     Legislature commits to do everything in its power and ability 
     to provide any support necessary in or for the NBAF to be 
     constructed in Kansas; and be it further
       Resolved, That the Kansas Legislature strongly encourages 
     the U.S. Department of Homeland Security to consider Kansas' 
     existing building and security infrastructure, and the human 
     resources already in place that make Kansas a natural fit for 
     the location of this new federal laboratory; and be it 
     further
       Resolved, That the Secretary of State be directed to send 
     enrolled copies of this resolution to President Bush, Vice 
     President Cheney, Secretary Chertoff of the U.S. Department 
     of Homeland Security, Secretary Johanns of the U.S. 
     Department of Agriculture, Secretary Leavitt of the U.S. 
     Department of Health and Human Services, each member of the 
     Kansas Congressional Delegation and Governor Kathleen 
     Sebelius.
                                  ____

       POM-26. A joint resolution adopted by the Legislature of 
     the State of Idaho relative to forest land management; to the 
     Committee on Energy and Natural Resources.
       Whereas, the United States Forest Service administers the 
     management of 39% of the land base in the state of Idaho, and 
     an additional 22% is administered by the United States Bureau 
     of Land Management; and
       Whereas, pursuant to 16 U.S.C. Section 471, an 1891 law 
     authorizing the President to establish national forests, the 
     purpose for establishing and administering national forests 
     was to set aside public lands reserved as national forests to 
     be controlled and administered, to the extent practical, in 
     accordance with the Act which provided that ``no national 
     forest may be established except to improve and protect the 
     forest, or to secure favorable conditions of water flows, and 
     to furnish a continuous supply of timber for the use and 
     necessities of citizens''; and
       Whereas, it has long been the intent and policy of the 
     federal government to hold rural communities harmless from 
     the creation of federal lands and in 1906 the Committee on 
     Public Lands recognized that the presence of federal lands 
     could create a hardship for many counties, as they provided 
     little revenue or commerce at that time; and
       Whereas, in 1908 Congress created the Twenty-five Percent 
     Fund Act to pay states and counties 25 percent of receipts 
     collected from national forests and mandated that payments 
     were to be spent on schools and roads, recognizing that 
     viable communities adjacent to the public lands, with 
     adequate roads and schools, were essential for the 
     development and preservation of the national forests; and
       Whereas, the federal policy of holding counties harmless 
     from the creation of public lands within counties was 
     reiterated in 1916 with the creation of the Oregon and

[[Page 6851]]

     California Grant Lands under the Chamberlain-Ferris Act, and 
     again in 1937 with passage of the Oregon and California Grant 
     Lands Act; and
       Whereas, the forest resources were intended to be managed 
     in such an environmentally responsible manner that they would 
     produce long-term sustainable revenue to share with schools 
     and counties as well as products for the nation; and
       WHEREAS, in 2000, Congress passed the Secure Rural Schools 
     and Community Self-Determination Act, commonly known as 
     public law 106-393, which restored historical payment levels 
     previously made to states and counties from the federal 
     government for road and school purposes due to declining 
     levels of actual forest receipts; and
       Whereas, the reauthorization of public law 106-393 is 
     pending before the United States Congress and Idaho counties 
     are on record as being strongly supportive of a fully-funded 
     approval of this Act; and
       Whereas, recently, federal land managers have been faced 
     with an ever-present funding shortage and rural counties will 
     be faced with higher property taxes or a reduction in 
     services if the Secure Rural Schools and Community Self-
     Determination Act is not reauthorized and appropriated; and
       Whereas, there is continued concern that if the Act is 
     reauthorized and appropriated it may be the last time it 
     occurs and a long-term solution to these issues is necessary; 
     and
       Whereas, the state of Idaho is dependent upon healthy 
     national forest system lands for economic benefit, recreation 
     and scenic beauty and it is time to demonstrate a new 
     initiative and commitment to the intent and policy of the 
     federal government to hold counties and schools harmless from 
     the creation of federal lands and construct a path leading to 
     economic stability for rural communities and schools; and
       Whereas, transfer of the management of the national forest 
     system lands that are not designated as wilderness, proposed 
     or recommended wilderness, wild and scenic river, or national 
     recreation area, or designated roadless area in Idaho, to the 
     state of Idaho would promote better stewardship of the public 
     lands, provide financial returns to the counties, secure 
     public access, meet Congress's intent to hold rural 
     communities harmless from the creation of federal lands, and 
     fund schools, road and bridge infrastructure which would 
     offset significant tax increases in rural counties in the 
     event the Secure Rural Schools payments are not reauthorized 
     or are allowed to expire following the 2006 reauthorization; 
     and
       Whereas, precedent for state administration of federally-
     owned lands exists in the state of Idaho at the City of Rocks 
     area in southern Idaho and campground-related facilities and 
     land at Lake Cascade; and
       Whereas, a transfer of management to the state of Idaho 
     would demonstrate a new initiative and commitment to the 
     intent and policy of the federal government to hold rural 
     counties and schools harmless from the consequences of the 
     reservation of federal lands and construct a process leading 
     to economic stability for rural communities and schools; and
       Whereas, lands for which management responsibility is 
     transferred to the state of Idaho could administered by the 
     Idaho Department of Lands in cooperation with county 
     officials and with cooperative oversight by the United 
     States. Forest Service and state and local government could 
     establish, or use existing natural resource advisory 
     committees composed of a diverse cross-section of the public, 
     with all decisions and actions relating to the lands being 
     required to comply with every federal and state environmental 
     law; and
       Whereas, the management of these lands would have to meet 
     the mandates of the Healthy Forest Initiative, the National 
     Fire Plan, and state and county fire mitigation plans. Now, 
     therefore, be it
       Resolved by the members of the Second Regular Session of 
     the Fifty-eighth Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, That we 
     urge the Congress to support federal legislation transferring 
     management of national forest system lands within Idaho to 
     the state of Idaho to be managed for the benefit of the rural 
     counties and schools with the state of Idaho being held 
     harmless from the costs of administration; and be it further
       Resolved, That Congress is urged to provide that any 
     transfer of management authority would not affect any rights 
     or authority of the state with respect to fish and wildlife, 
     or repeal or modify any provision of law that permits the 
     state or political subdivisions of the state to share in the 
     revenues from federal lands, or any provision of law that 
     provides that fees or charges collected at particular federal 
     areas be used for or credited to specific purposes or special 
     funds, and be it further
       Resolved, That Congress is urged to provide that fees or 
     revenues collected under state management be allocated 75%, 
     or other appropriate percentage, for the benefit of the 
     counties and schools in which the national forest system 
     lands are located and 25%, or other appropriate percentage, 
     for the benefit of the national forest in which the lands 
     administered by the state of Idaho are located to be paid at 
     the end of the year to the Secretary of the Treasury, and 
     that amounts allocated to the counties should not be taken 
     into account for purposes of the Twenty-five Percent Fund 
     pursuant to 16 U.S.C. Section 500; and be it further
       Resolved, That Congress is urged to seek a long-term 
     solution to the significant issues that will face rural 
     counties in the event the Secure Rural Schools payments are 
     not reauthorized or are allowed to expire following the 2006 
     reauthorization; and be it further
       Resolved, that the Chief Clerk of the House of 
     Representatives be, and she is hereby authorized and directed 
     to forward a copy of this Memorial to the President of the 
     Senate and the Speaker of the House of Representatives of 
     Congress, and the congressional delegation representing the 
     State of Idaho in the Congress of the United States.
                                  ____

       POM-27. A concurrent resolution adopted by the House of 
     Representatives of the Legislature of the State of Idaho 
     relative to the authorization of a study of the decline in 
     receipts on national forest system lands; to the Committee on 
     Energy and Natural Resources.

                   House Concurrent Resolution No. 26

       Be It Resolved by the Legislature of the State of Idaho:
       Whereas, it has long been the intent and policy of the 
     federal government to hold rural communities harmless from 
     the creation of federal lands and in 1906 the Committee on 
     Public Lands recognized that the presence of federal lands 
     could create hardship for many counties as they provided 
     little revenue or commerce at that time; and
       Whereas, in 1908, the federal government promised rural 
     counties twenty-five percent of all revenues generated from 
     the multiple-use management of the newly created national 
     forests to support public roads and public schools; and
       Whereas, in recent decades, the forest resources have not 
     been managed in a manner to produce long-term sustainable 
     revenue to share with schools and counties; and
       Whereas, in 2000, Congress passed Public Law 106-393, the 
     Secure Rural Schools and Community Self-Determination Act. 
     The Act restored historical payment levels previously made to 
     states and counties from the federal government for road and 
     school purposes because of declining levels of actual forest 
     receipts; and
       Whereas, the reauthorization and appropriation of the 
     Secure Rural Schools and Community Self-Determination Act is 
     pending before the United States Congress, and Idaho counties 
     are on record as being strongly supportive of a fully funded 
     approval of this Act; and
       Whereas, federal land managers continue to be faced with 
     funding shortages. In the event the Secure Rural Schools and 
     Community Self-Determination Act is not reauthorized and 
     appropriated, counties will be faced with higher property 
     taxes or a reduction in services and even if the Act is 
     reauthorized and appropriated, it will likely be the last 
     time, and the state of Idaho must seek a long-term solution; 
     and
       Whereas, in 2006, House Joint Memorial No. 21 was adopted 
     by the members of the Second Regular Session of the Fifty-
     eighth Idaho Legislature to provide one option to address the 
     problem of declining forest receipts by urging Congress to 
     support federal legislation transferring management of 
     National Forest System lands within Idaho to the state of 
     Idaho to be managed for the benefit of the rural counties and 
     schools. Now, therefore, be it
       Resolved by the members of the First Regular Session of the 
     Fifty-ninth Idaho Legislature, the House of Representatives 
     and the Senate concurring therein, that the Legislative 
     Council is authorized to appoint an interim committee to 
     undertake and complete an assessment of the decline in 
     receipts on National Forest System lands, which have 
     historically been shared with counties, with the goal of the 
     interim committee's recommendations being to develop a 
     federal, bipartisan, long-term solution that addresses 
     sustainable management of federal forest lands to stabilize 
     payments to Idaho's forest counties, which help support roads 
     and schools, and to provide projects that enhance forest 
     ecosystem health and provide employment opportunities, and to 
     improve cooperative relationships among those who use and 
     care about the lands the agencies manage. The Legislative 
     Council shall determine the membership from each house 
     appointed to the interim committee and shall authorize the 
     interim committee to receive input, advice and assistance 
     from interested and affected parties who are not members of 
     the Legislature. As much as is practicable, the interim 
     committee shall work in cooperation and coordination with the 
     state of Idaho, its counties, its school and highway 
     districts, along with the recognized Indian tribes of the 
     state of Idaho. The interim committee is also authorized to 
     retain the services of consultants, within appropriated 
     moneys, who are familiar with forest receipts, and who can 
     provide necessary economic and other research to assist the 
     interim committee and the Legislature in making an informed 
     decision on this most important topic. Now, therefore, be it 
     further
       Resolved, That the Idaho legislative interim committee on 
     forest receipts will address National Forest System lands, 
     but only

[[Page 6852]]

     those lands that do not have special designations. The 
     interim committee is directed to formulate a solution that 
     will protect all valid existing rights, existing public 
     access and activities, including hunting, fishing and 
     recreation, and that will not be construed to interfere with 
     treaties or any other obligations to the Indian tribes, 
     commitments to county governments, or the General Mining Law 
     or Taylor Grazing Act. Now, therefore be it further
       Resolved, That nonlegislative members of the interim 
     committee may be appointed by the cochairs of the interim 
     committee who are appointed by the Legislative Council. 
     Nonlegislative members of the interim committee shall not be 
     reimbursed from legislative funds for per diem, mileage or 
     other expenses and shall not have voting privileges regarding 
     the interim committee's recommendations or proposed 
     legislation. Now, therefore, be it further
       Resolved, That the interim committee shall report its 
     findings, recommendations and proposed legislation, if any, 
     to the Second Regular Session of the Fifty-ninth Idaho 
     Legislature.
                                  ____

       POM-28. A resolution adopted by the Senate of the State of 
     Arizona urging Congress to enact legislation repealing the 
     privacy violations contained in the REAL ID Act of 2005; to 
     the Committee on the Judiciary.

                          Senate Memorial 1003

       Whereas, in May 2005, the United States Congress enacted 
     the REAL ID Act of 2005 (REAL ID Act) as part of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief Act (Public Law 109-
     13), which was signed by President Bush on May 11, 2005 and 
     which becomes fully effective May 11, 2008; and
       Whereas, some of the requirements of the REAL ID Act are 
     that states must issue driver licenses and state 
     identification cards in a uniform format as prescribed by the 
     Department of Homeland Security; must verify the issuance, 
     validity and completeness of all primary documents used to 
     issue a driver license, and provide for their secure storage: 
     must provide fraudulent document recognition training to 
     persons who issue driver licenses or state identification 
     cards; and must issue a driver license or state 
     identification card in a prescribed format if it does not 
     meet the criteria provided for a federally approved license 
     or identification card; and
       Whereas, use of the federal minimum standards for state 
     driver licenses and identification cards will be necessary 
     for any type of federally regulated activity for which an 
     identification card must be displayed; and
       Whereas, some of the intended privacy requirements of the 
     REAL ID Act, such as the use of common machine-readable 
     technology and state maintenance of a database that can be 
     shared with the United States and agencies of other states 
     may actually make it more likely that a federally required 
     driver license or state identification card or the 
     information about the bearer on which the license or card is 
     based will be stolen, sold or otherwise used for purposes 
     that were never intended or that are criminally related than 
     if the REAL ID Act had not been enacted; and
       Whereas, these potential breaches in privacy that could 
     result directly from compliance with the REAL ID Act may 
     violate the right to privacy of thousands of residents of 
     Arizona; and
       Whereas, the American Association of Motor Vehicle 
     Administrators, the National Governors' Association and the 
     National Conference of State Legislatures have estimated that 
     the cost to the states to implement the REAL ID Act will be 
     more than $11 billion over five years; and
       Whereas, the mandate to the states, through federal 
     legislation that provides no funding for its requirements, to 
     issue what is effectively a national identification card 
     appears to be an attempt to commandeer the political 
     machinery of the states and to require them to be agents of 
     the federal government, in violation of the principles of 
     federalism contained in the tenth amendment to the United 
     States Constitution; and
       Whereas, some states have enacted legislation that opposes 
     the implementation of the REAL ID Act.
       Wherefore your memorialist, the Senate of the State of 
     Arizona, prays:
       1. That the Congress of the United States take immediate 
     action to enact legislation to correct the unfunded mandate 
     on the states resulting from the passage of the REAL ID Act 
     of 2005, as outlined in this Memorial.
       2. That the Secretary of State of the State of Arizona 
     transmit copies of this Memorial to the President of the 
     United States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives and 
     each Member of Congress from the State of Arizona.
                                  ____

       POM-29. A request by the Board of County Supervisors of the 
     County of Prince William of the State of Virginia for 
     Congress to reimburse the County for the costs of serving 
     illegal immigrants; to the Committee on the Judiciary.

                          ____________________