[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 13850-13853]
[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-401. A resolution adopted by the Council of the City of 
     Tehachapi, California, expressing its support for the 
     original and historic view of the Second Amendment; to the 
     Committee on the Judiciary.
       POM-402. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana urging Congress to appropriate the 
     United States Army Corps of Engineers the total amount of 
     funds collected from the Harbor Maintenance Tax; to the 
     Committee on Appropriations.

                  House Concurrent Resolution No. 127

       Whereas, Louisiana, more than most other states, is keenly 
     aware of the importance of maintaining waterway channels 
     clear for navigation with several major rivers, including the 
     Mississippi River, flowing through the state and is also 
     keenly aware that dredging navigation channels and letting 
     the dredge material merely flow out to the Gulf of Mexico is, 
     in essence, letting Louisiana merely flow out to the Gulf of 
     Mexico; and
       Whereas, if the total amount of funds collected from the 
     Harbor Maintenance Tax is appropriated to the Corps of 
     Engineers, those funds could be used to help fund the 
     dredging necessary to maintain the navigation channels open 
     for commerce; and
       Whereas, an ancillary use of dredging activity that has 
     become essential to the preservation of Louisiana's coastline 
     is beneficial use of dredge material whereby the material 
     dredged from waterways is then taken and ``planted'' where it 
     can be used to preserve and grow land in the coastal areas 
     where Louisiana is losing land at an alarming rate; and
       Whereas, coastal Louisiana was formed by the depositional 
     processes of the Mississippi River over the past seven 
     thousand five hundred years; and
       Whereas, the thick fluvial deposits that comprise the 
     Mississippi River Delta are naturally prone to compaction 
     under their own weight, but if sediment supplies are 
     sufficient, the delta can build and maintain its surfaces as 
     sea level rises; and
       Whereas, the land building processes of the Mississippi 
     River have been halted in South Louisiana by a combination of 
     levees which prevent seasonal overbank flooding and sediment 
     deposition, dredged waterways which channel freshwater and 
     sediment to the Gulf of Mexico, and upstream dam construction 
     which prevent sediment from naturally reaching the Louisiana 
     coast; and
       Whereas, over fifteen hundred square miles of Louisiana's 
     coastal wetlands and barrier islands have been lost to open 
     water since the early 1930s, and scientists project that 
     another five hundred square miles will be lost by 2050, if 
     current resource management practices continue; and
       Whereas, more than one hundred twenty million tons of river 
     sediment that could be used to sustain the Mississippi Delta 
     will be lost to the Gulf of Mexico each year if nothing is 
     done to restore the natural hydrology of the Mississippi 
     River; and
       Whereas, prevention of wetland loss in the Mississippi 
     River Deltaic Plain, which comprises most of the southeastern 
     Louisiana coastal zone, is dependent upon restoring flows of 
     fresh water and sediment to the delta; and
       Whereas, an international team of scientists convened for 
     the express purpose of advising the state of Louisiana about 
     its coastal land loss problem in 2006 concluded that, ``The 
     most fundamental and essential action needed to achieve a 
     sustainable coast is to reduce, to the greatest extent 
     possible, the amount of Mississippi River sediment and 
     freshwater flowing directly into the deep waters of the Gulf. 
     These valuable resources, which originally built coastal 
     Louisiana, can only benefit the coast if they are redirected 
     to inshore and nearshore waters. This would occur naturally 
     if the river were not artificially maintained for navigation 
     along its present course into deep water''; and
       Whereas, fully appropriating to the Corps of Engineers the 
     revenue received from the Harbor Maintenance Tax could 
     provide the funds essential to both dredge rivers for 
     navigation purposes as intended by the imposition of the tax 
     and, to go a step further, as authorized by the tax, to use 
     that dredge material for beneficial uses in restoring and

[[Page 13851]]

     preserving coastal Louisiana. Therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to appropriate to the 
     United States Army Corps of Engineers the total amount of 
     funds collected from the Harbor Maintenance Tax so that those 
     funds can be used for dredging navigation channels and, where 
     possible, the beneficial use of dredged material to protect, 
     restore, and conserve wetlands along the coast of Louisiana. 
     Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the presiding officers of the Senate and the House of 
     Representatives of the Congress of the United States of 
     America and to each member of the Louisiana congressional 
     delegation.
                                  ____

       POM-403. A resolution adopted by the House of 
     Representatives of the State of South Carolina urging 
     Congress to appoint an independent counsel to investigate 
     unresolved matters pertaining to U.S. personnel unaccounted 
     for from this Nation's wars and conflicts beginning with 
     World War II; to the Committee on Armed Services.

                            House Resolution

       Whereas, the Prisoner of War--Missing in Action (POW/MIA) 
     issue has been a national dilemma since the end of World War 
     II; and
       Whereas, there is a strong need for an independent 
     investigation into all unresolved matters relating to any 
     United States personnel unaccounted for from the Vietnam War, 
     the Korean War, World War II, the Cold War, the Gulf Wars, 
     and other conflicts including MIAs and POWs; and
       Whereas, it is the responsibility and the duty of the 
     United States government to bring home Americans missing in 
     action from these conflicts; and
       Whereas, as of July 2005, the Government Accountability 
     Office listed over eighty-eight thousand service men and 
     women unaccounted for from World War II, the Korean War, the 
     Cold War, the Vietnam War, the Gulf Wars, and other 
     conflicts; and
       Whereas, American POWs and their missing comrades have 
     demonstrated the true spirit of our nation and should never 
     be forgotten; and
       Whereas, the families of these inspiring Americans deserve 
     to know what truly happened to their loved ones; and
       Whereas, Americans from every generation have answered the 
     call to duty with dedication and valor. These brave Americans 
     deserve the respect and gratitude of our nation and all 
     efforts should be made to resolve the Prisoner of War-Missing 
     in Action issue in their honor. Now, therefore, be it
       Resolved by the House of Representatives, That the members 
     of the South Carolina House of Representatives, by this 
     resolution, urge the United States Congress to appoint an 
     independent counsel to investigate the Prisoner of War-
     Missing in Action issue regarding unresolved matters 
     pertaining to United States personnel unaccounted for from 
     this nation's wars and conflicts beginning with World War II. 
     Be it further
       Resolved, That a copy of this resolution be forwarded to 
     the President of the United States, the United States Senate 
     and House of Representatives, and the members of the South 
     Carolina Congressional Delegation.
                                  ____

       POM-404. A joint resolution adopted by the Senate of the 
     State of Tennessee urging the adoption of a Veterans 
     Remembered Flag; to the Committee on Armed Services.

                    Senate Joint Resolution, No. 901

       Whereas, there are flags for all branches of the armed 
     services, as well as flags for POWs and MIAs, but there is no 
     flag to honor the millions of former military personnel who 
     have served our nation; and
       Whereas, a flag is the symbol of recognition for a group or 
     an ideal; veterans compose a group and certainly represent an 
     ideal, and surely deserve their own symbol; and
       Whereas, it is estimated that 20,400,000 veterans have 
     served in our nation's military, comprising a significant 
     portion of our country's population; and
       Whereas, a Veterans Remembered Flag would memorialize and 
     honor all past, present, and future veterans and provide an 
     enduring symbol to support tomorrow's veterans today; and
       Whereas, displaying and flying this flag would honor the 
     lives of millions of men and women who have served our 
     country in times of war, peace, and national crisis; and
       Whereas, the symbolism of this unique flag's design would 
     be all-inclusive and would pay respect to the history of our 
     nation, to all branches of the military, and would serve to 
     honor those who have served or died in the service of our 
     nation; and
       Whereas, in memorializing America's veterans, the Veterans 
     Remembered Flag includes specific symbolism and should be 
     designed in substantially the following form:
       (a) It depicts the founding of our nation through the 
     thirteen stars that emanate from the hoist of the flag and 
     march to the large red star, representing our nation and the 
     five branches of our country's military that defend her: the 
     Army, Navy, Air Force, Marines, and Coast Guard.
       (b) The white star indicates a veteran's dedication to 
     service.
       (c) The blue star honors all men and women who have ever 
     served in our country's military.
       (d) The gold star memorializes those who fell defending our 
     nation.
       (e) The blue stripe which bears the title of the flag 
     honors the loyalty of veterans to our nation, flag, and 
     government.
       (f) The green field represents the hallowed ground where 
     all rest eternally; and
       Whereas, the Veterans Remembered Flag would serve to honor 
     all veterans who have served in our country's Armed Forces; 
     now, therefore, be it
       Resolved by the senate of the One Hundred Fifth General 
     Assembly of the State of Tennessee, the House of 
     Representatives Concurring, That this General Assembly hereby 
     urges the Congress of the United States to act expeditiously 
     to adopt a Veterans Remembered Flag as described herein. Be 
     it further
       Resolved, That an enrolled copy of this resolution be 
     transmitted to the President of the United States, the 
     Speaker and the Clerk of the U.S. House of Representatives, 
     the President and the Secretary of the U.S. Senate, and each 
     member of the Tennessee Congressional Delegation.
                                  ____

       POM-405. A resolution adopted by the California State Lands 
     Commission addressing the incidental taking of marine animals 
     by once-through cooling power plants; to the Committee on 
     Energy and Natural Resources.

                               Resolution

       Whereas, a cornerstone of the value and uniqueness of 
     California's 1,100 mile coastline and adjacent coastal waters 
     is the richness and diversity of marine life, including fish, 
     marine mammals, birds and plants; and
       Whereas, the California State Lands Commission has 
     jurisdiction over the state-owned tide and submerged lands 
     from the shoreline out three nautical miles into the Pacific 
     Ocean, as well as the lands underlying California's bays, and 
     navigable lakes and rivers; and
       Whereas, the Commission is charged with managing these 
     lands pursuant to the Public Trust Doctrine, a common law 
     precept that requires these lands be protected for public use 
     and needs including commerce, navigation, fisheries, water 
     related recreation and ecological preservation; and
       Whereas, the Commission has aggressively sought correction 
     of adverse impacts on the biological productivity of its 
     lands including litigation over contamination off the Palos 
     Verdes Peninsula and at Iron Mountain, the adoption of best 
     management practices for marinas, and litigation to restore 
     flows to the Owens River; and
       Whereas, California has a significant number of power 
     plants that use once-through cooling (OTC), the majority of 
     which are located on bays and estuaries where sensitive fish 
     nurseries for many important species are located; and
       Whereas, the environmental costs of persistent entrainment 
     and impingement from once-through cooling to marine and 
     coastal life and ecosystems are high; and
       Whereas, OTC harms the environment by killing large numbers 
     of wildlife, including fish, marine mammals, and sea turtles, 
     as well as larvae and eggs, as they are drawn through fish 
     screens and other parts of the power plant cooling system; 
     and
       Whereas, regulations adopted under Section 316(b) of the 
     federal Clean Water Act recognize the adverse impacts of OTC 
     by effectively prohibiting new power plants from using such 
     systems and requiring existing power plants to reduce OTC 
     impacts; and
       Whereas, the Second Circuit U.S. Court of Appeals ruled 
     that restoration measures do not minimize the impacts of 
     once-through cooling and cannot be used to comply with Clean 
     Water section 316(b); and
       Whereas, the California State Water Resources Control Board 
     is currently developing a state policy to implement Clean 
     Water Act Section 316(b), which, in the draft released for 
     public comment, will require the phase out of OTC technology 
     at coastal power plants; and
       Whereas, the National Marine Fisheries Service (NMFS) is 
     evaluating applications, necessitated by the pernicious 
     impacts of OTC, from thirteen power generating stations 
     located in California requesting authority for incidental 
     take of marine mammals and seven applications from power 
     generating stations in California requesting permits for 
     incidental take of sea turtles; and
       Whereas, the Commission has imposed conditions on its 
     leases to reduce the impact of OTC and is seriously concerned 
     about the environmental consequences of the proposed 
     incidental take of marine animals as a result of OTC; and
       Whereas, alternative cooling methods such as repowering 
     older power plants are readily available and used nationwide, 
     and can eliminate OTC and its attendant environmental impacts 
     and reduce the greenhouse gas emissions currently associated 
     with fossil fuel power generation: Now, therefore, be it
       Resolved by the California State Lands Commission, That it 
     urges the NMFS to: (1) make any incidental take permit 
     consistent with phasing out OTC, and at the minimum, include 
     a clause requiring expiration of the permit if OTC is no 
     longer permitted at the requesting facility or generally 
     within the

[[Page 13852]]

     state; (2) deny any incidental take permit for power plants 
     that have discontinued use of OTC; (3) require that 
     information regarding historical and anticipated take be 
     substantiated and made available to the Commission and the 
     public prior to the issuance of any incidental take permit, 
     and referenced in any draft and/or final permit; and (4) 
     require, if an incidental take permit is issued, that 
     stringent controls be implemented to eliminate or prevent to 
     the maximum extent possible the take or harassment of marine 
     wildlife; and be it further
       Resolved, That the State Lands Commission supports OTC 
     alternatives, such as repowering projects, that eliminate 
     OTC, reduce greenhouse gas emissions and other environmental 
     impacts, and are part of an overall plan that moves the state 
     towards increased use of renewables and energy conservation; 
     and be it further
       Resolved, That the Commission's Executive Officer transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Governor of California, to the 
     Majority and Minority Leaders of the United States Senate, to 
     the Speaker and Minority Leader of the United States House of 
     Representatives, to each Senator and Representative from 
     California in the Congress of the United States, to the 
     National Marine Fisheries Service, to the National Oceanic 
     and Atmospheric Administration, to the United States 
     Environmental Protection Agency, to the United States Supreme 
     Court, to the Chairs of the State Water Resources Control 
     Board, to the California Energy Commission, to the Public 
     Utilities Commission, to the California Coastal Commission, 
     to the California Air Resources Board, to the California 
     Independent Systems Operator, and to the California Ocean 
     Protection Council, all grantees, and all current lessees of 
     public trust lands that utilize OTC.
                                  ____

       POM-406. A resolution adopted by the House of 
     Representatives of the State of Hawaii approving the 
     establishment of a state-province affiliation between the 
     State of Hawaii and the Province of Negros Oriental of the 
     Republic of the Philippines; to the Committee on Foreign 
     Relations.

                       House of Resolution No. 85

       Whereas, the State of Hawaii is actively seeking to expand 
     its international ties and has an abiding interest in 
     developing goodwill, friendship, and economic relations 
     between the people of Hawaii and the people of Asian and 
     Pacific countries; and
       Whereas, as part of its effort to achieve this goal, Hawaii 
     has established a number of sister-state agreements with 
     provinces in the Pacific region; and
       Whereas, because of the historical relationship between the 
     United States of America and the Republic of the Philippines, 
     there continue to exist valid reasons to promote 
     international friendship and understanding for the mutual 
     benefit of both countries to achieve lasting peace and 
     prosperity as it serves the common interests of both 
     countries; and
       Whereas, there are historical precedents exemplifying the 
     common desire to maintain a close cultural, commercial, and 
     financial bridge between ethnic Filipinos living in Hawaii 
     with their relatives, friends, and business counterparts in 
     the Philippines, such as the previously established sister-
     city relationship between the City and County of Honolulu and 
     the City of Cebu in the Province of Cebu; and
       Whereas, similar state-province relationships exist between 
     the State of Hawaii and the Provinces of Cebu, Ilocos Norte, 
     Ilocos Sur, and Pangasinan, whereby cooperation and 
     communication have served to establish exchanges in the areas 
     of business, trade, agriculture and industry, tourism, 
     sports, health care, social welfare, and other fields of 
     human endeavor; and
       Whereas, a similar state-province relationship would 
     reinforce and cement this common bridge for understanding and 
     mutual assistance between ethnic Filipinos of both the State 
     of Hawaii and the Province of Negros Oriental; and
       Whereas, with its vast fertile land resources, Negros 
     Oriental's major industry is agriculture and lists its 
     primary crops as sugarcane, corn, coconut, and rice, but the 
     province is emerging as a technological center in the Central 
     Philippines with its growing business process outsourcing and 
     other technology-related industries, and is also becoming a 
     notable tourist destination in the Visayas, making the 
     province much like Hawaii; now, therefore, be it
       Resolved by the House of Representatives of the Twenty-
     fourth Legislature of the State of Hawaii, Regular Session of 
     2008, That Governor Linda Lingle of the State of Hawaii, or 
     her designee, be authorized and is requested to take all 
     necessary actions to establish a state-province affiliation 
     with the Province of Negros Oriental in the Republic of the 
     Philippines; and be it further
       Resolved, That the Governor or her designee is requested to 
     keep the Legislature of the State of Hawaii fully informed of 
     the process in establishing the affiliation and involved in 
     its formalization to the extent practicable; and be it 
     further
       Resolved, That the Province of Negros Oriental be afforded 
     the privileges and honors that Hawaii extends to its sister 
     states and provinces; and be it further
       Resolved, That if by June 30, 2013, the state-province 
     affiliation with the Province of Negros Oriental has not 
     reached a sustainable basis by providing mutual economic 
     benefits through local community support, the state-province 
     affiliation shall be withdrawn; and be it further
       Resolved, That certified copies of this Resolution be 
     transmitted to the President of the United States, the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, Hawaii's 
     Congressional delegation, the Governor of the State of 
     Hawaii, the President of the Republic of the Philippines 
     through its Honolulu Consulate General, and the Governor and 
     Provincial Board of the Province of Negros Oriental, Republic 
     of the Philippines.
                                  ____

       POM-407. A resolution adopted by the House of 
     Representatives of the State of Hawaii urging Congress to 
     enact legislation to waive single state agency requirements 
     with regard to the administration of funds under the Homeland 
     Security Grant Program; to the Committee on Homeland Security 
     and Governmental Affairs.

                        House Resolution No. 209

       Whereas, on March 12, 1987, the President of the United 
     States directed all affected agencies to issue a grants 
     management common rule to adopt government-wide terms and 
     conditions for grants to state and local governments; and
       Whereas, consistent with their legal obligations, all 
     federal agencies administering programs that involve grants 
     and cooperative agreements with state governments must follow 
     the policies outlined in the federal Office of Management and 
     Budget Circular A-102, as revised and amended; and
       Whereas, the Office of Management and Budget is authorized 
     to grant deviations from the requirements when permissible 
     under existing law, however deviations are permitted only in 
     exceptional circumstances; and
       Whereas, according to a guidance document from the 
     Department of Homeland Security, the governor of each state 
     must designate a State Administrative Agency to apply for and 
     administer the funds under the Homeland Security Grant 
     Program; and
       Whereas, Hawaii State Civil Defense is the State 
     Administrative Agency for these purposes in Hawaii; and
       Whereas, according to the Office for Domestic Preparedness 
     Information Bulletin No. 112 (May 26, 2004), the State 
     Administrative Agency is obligated to pass through no less 
     than eighty per cent of its total grant award to local units 
     of government within the State; and
       Whereas, according to the Office for Domestic Preparedness 
     Information Bulletin No. 120 (June 16, 2004), the remaining 
     twenty per cent can be retained at the state level; and
       Whereas, qualifying state and local government agencies in 
     Hawaii can apply to Hawaii State Civil Defense for State 
     Homeland Security Grant Program funds, and Hawaii State Civil 
     Defense allocates funds based on investments and how well the 
     program capabilities of the various state agencies tie 
     together; and
       Whereas, a single state agency requirement in the 
     application and allocation of funds under the Homeland 
     Security Grant Program is misplaced because it grants 
     considerable discretion to one state agency for the 
     allocation of funds, with no oversight by the state 
     legislature; and
       Whereas, it is traditionally the role of the state 
     legislature as the policy making branch of the government to 
     determine how financial resources should be allocated; and
       Whereas, state legislatures should have greater input and 
     oversight regarding the allocation of funds under the 
     Homeland Security Grant Program, now: Therefore, be it
       Resolved by the House of Representatives of the Twenty-
     fourth Legislature of the State of Hawaii, Regular Session of 
     2008, That the United States Congress is requested to enact 
     legislation to waive the single state agency requirement with 
     regard to the administration of funds under the Homeland 
     Security Grant Program and to provide state legislatures with 
     authority to approve the allocation of funds under the 
     Homeland Security Grant Program; and it be it further
       Resolved That certified copies of this Resolution be 
     transmitted to the President of the United States, the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the Hawaii 
     congressional delegation, and the State Adjutant General.
                                  ____

       POM-408. A concurrent resolution adopted by the Senate of 
     the State of Louisiana urging Congress to take the actions 
     necessary to expedite the reopening of the Arabi Branch of 
     the United States Postal Service located in St. Bernard 
     Parish; to the Committee on Homeland Security and 
     Governmental Affairs.

                  Senate Concurrent Resolution No. 76

       Whereas, it has been almost three years since hurricanes 
     Katrina and Rita devastated this community, flooding the 
     Arabi branch of the United States Postal Service; and
       Whereas, the effects of hurricanes Katrina and Rita 
     continue to effect the operations of

[[Page 13853]]

     government inclusive of operations of branches of the United 
     States Postal Service in St. Bernard Parish; and
       Whereas, one essential to the continued recovery of the 
     citizens of Arabi, Louisiana, along with the full restoration 
     of governmental services, is the reopening of the Arabi 
     branch of the United States Postal Service; and
       Whereas, this branch will be well used by the individuals 
     in this community, particularly by the elderly, the disabled, 
     and parents with young children who need a convenient 
     location to conduct business with the postal service. 
     Therefore, be it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to expedite the reopening of the Arabi 
     branch of the United States Postal Service in St. Bernard 
     Parish. Be it further
       Resolved, That a copy of this Resolution be transmitted to 
     the secretary of the United States Senate and the clerk of 
     the United States House of Representatives and to each member 
     of the Louisiana delegation to the United States Congress.

                          ____________________