[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Senate]
[Pages 3223-3225]
[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-85. A resolution adopted by the Legislature of Guam 
     expressing strong and abiding opposition to any use of 
     eminent domain [condemnation] for the purpose of obtaining 
     Guam lands for either the currently planned military buildup 
     or other U.S. federal government purposes, or both; to the 
     Committee on Armed Services.

                      Resolution No. 258-30 (COR)

       Relative to expressing the strong and abiding opposition of 
     I Liheslaturan Guahan and the People of Guam to any use of 
     eminent domain [condemnation] for the purpose of obtaining 
     Guam lands for either the currently planned military buildup 
     or other U.S. federal government purposes, or both.
       Be it Resolved by I Mina'Trenta Na Liheslaturan Guahan
       Whereas, the island of Guam has only one hundred forty-
     seven thousand (147,000) acres of land available to it for 
     all purposes; and
       Whereas, the Department of Defense currently possesses 
     forty thousand (40,000) acres, constituting 27.21 percent of 
     the island's land mass; and
       Whereas, the United States National Park Service currently 
     possesses six hundred ninety-five (695) acres, or 0.47 
     percent of the island; and
       Whereas, the United States Fish & Wildlife Service 
     currently possesses three hundred eighty-five (385) acres, or 
     0.26 percent of the island; and
       Whereas, the Government of Guam currently possesses thirty-
     seven thousand six hundred seventy-three and thirty-six 
     (37,673.36) acres, or 25.6 percent of the island; and
       Whereas, the private lands of Guam consist of only sixty-
     eight thousand two hundred forty-six (68,246) acres, or 46.43 
     percent of the island; and
       Whereas, the Federal Government, in its draft Environmental 
     Impact Statement (DEIS) for the military buildup, has stated 
     it desires additional land for its buildup for a Proposed 
     Training Range Complex, offering two (2) alternatives: 
     Alternative A, identified as the preferred alternative, calls 
     for acquiring by lease or condemnation nine hundred twenty-
     one (921) acres for this training range complex, which 
     apparently is limited to public lands belonging to the 
     Chamorro Land Trust Commission and the Ancestral Lands 
     Commission, and Alternative B, east of Andy South, that calls 
     for acquiring by long-term lease or condemnation one thousand 
     one hundred twenty-nine (1,129) additional acres, some 
     private and some public; and
       Whereas, the DEIS also states that the military desires the 
     former FAA Housing Area, comprising six hundred eighty (680) 
     acres of Ancestral Lands, which would fill in a gap in the 
     future Marine Corps base between NCTS Finegayan and South 
     Finegayan; and
       Whereas, the Joint Guam Program Office (JGPO) has declined 
     to be clear regarding the possibility of eminent domain/
     condemnation being used as a tool to acquire the desired 
     access to additional land in Guam, either directly or 
     indirectly as a threat to back up ``negotiations''; and
       Whereas, the Joint Guam Program Office has stated that all 
     options ``are on the table'' when it comes to additional land 
     needed by the military, and that there is such a thing as 
     ``friendly condemnation''; and
       Whereas, it appears that the Federal Government has no 
     appreciation for the history of Federal land takings in Guam, 
     or the importance of land to the people of Guam; and
       Whereas, the history of land takings and the importance of 
     land in the local culture of a tiny island have resulted in a 
     significant sensitivity to Federal land takings on the part 
     of the local people; and
       Whereas, Chamorro historian, Reverend Joaquin Flores 
     Sablan, wrote that land and family lineage continued to be 
     the basis of wealth and prestige: ``Land ownership was the 
     greatest security, particularly inherited property which they 
     treated as a sacred trust from their parents. To part with 
     the land

[[Page 3224]]

     was the same as committing suicide.'' [Destiny's Landfall: A 
     History of Guam, by Robert F. Rogers, University of Hawai'I 
     Press, 1995, page 142]; and
       Whereas, the Naval government, from 1898 until 1950, 
     completely ignored the Chamorro people's devotion to the 
     land, issuing their second order, on January 30, 1899, to 
     confiscate land in the Piti area to use for a coaling site 
     and Navy yard. The people of Guam were never compensated for 
     that very first land taking, just the ``first of a long 
     series of controversial steps whereby United States 
     governmental agencies acquired large portions of land on 
     Guam'' [Rogers, page 115]; and
       Whereas, the Naval government held over one-third of the 
     island of Guam on the eve of World War II, and within three 
     (3) months of the liberation of the island in 1944, five (5) 
     airfields were built; and
       Whereas, by Public Law 594, the Land Acquisition Act passed 
     by the U.S. Congress on August 2, 1946, the Navy Department 
     was authorized to acquire private land needed for permanent 
     military installations on the island, but compensation was 
     inadequate, due in part to a lack of proper land valuation in 
     the largely agrarian island, amounting to only pennies on the 
     dollar for the actual value of the land; and
       Whereas, from 1947 to 1950, the main mission of Guam's 
     military command was to complete building facilities, and for 
     this purpose large pieces of land were taken; and
       Whereas, the postwar land takings were mixed in time and 
     process with limited and inadequate compensation for personal 
     injury and death and property damage under the Federally-
     created Land and Claims Commission; and
       Whereas, the United States federal government still has not 
     appreciated the connection between compensation for the 
     sufferings of the people of Guam at the hands of the Japanese 
     occupiers and the takings of land; and
       Whereas, the Land and Claims Commission condemned land, but 
     became bogged down in the legal complexities of hundreds of 
     property transactions. Rogers states [p. 215] that, ``The 
     commission was understaffed as well as inexperienced in real 
     estate matters. Higher commands nonetheless pressured the 
     staff to meet tight deadlines for land transfers in order for 
     construction of new military projects to proceed''; and
       Whereas, when former landowners or their heirs attempted to 
     take these injustices to Federal court for redress of the 
     situation, they were told that the statute of limitations had 
     been exceeded; and
       Whereas, without consultation with Guam officials or owners 
     of leased properties, the new civilian governor, Carlton 
     Skinner, signed a quitclaim deed on July 31, 1950, the day 
     before the Organic Act went into effect, whereby the 
     Government of Guam transferred all condemned property to the 
     United States of America ``for its own use.'' This left the 
     Navy and Air Force in direct control of about forty-nine 
     thousand six hundred (49,600) acres, or over thirty-six 
     percent (36%) of the island; and
       Whereas, the very first case in the new court under the 
     Organic Act, which granted American citizenship to the 
     Chamorros, was a retaking of all of the previous takings, to 
     ensure that no claim could be made that land could not be 
     taken from the Chamorros prior to their becoming American 
     citizens; and
       Whereas, in 1977, the creation of the new War in the 
     Pacific Memorial Park saw the condemnation of coastal land in 
     the Agat area, thus preventing the construction of the Agat 
     Marina for many years; and
       Whereas, in the 1980's, the U.S. Congress attempted to 
     correct the obvious injustice of the postwar land takings by 
     authorizing the land taking cases to be reopened and 
     additional compensation be paid; and
       Whereas, while many former landowners accepted the class 
     action settlement under this law, some previous landowners of 
     large holdings, such as those at Andersen Air Force Base and 
     including the very land at NCTS envisioned by the federal 
     government for the new Marine Corps base, opted out of the 
     settlement and their claims against the federal government 
     under that law have not been settled to this day; and
       Whereas, the final insult to the people of Guam came when 
     the three hundred eighty-five (385) acres of the former Naval 
     Facility, Guam at Ritidian Point was declared excess in the 
     1990's and was grabbed quietly, without fanfare or advance 
     notice, by the U.S. Fish & Wildlife Service, rather than 
     being returned to the original landowners via the Government 
     of Guam; and
       Whereas, a former Assistant U.S. Attorney handling land 
     matters in Guam in 2000 and 2001, freely admitted that many 
     Chamorro landowners at the time were cheated out of their 
     land by land agents telling them that the paperwork to be 
     signed was compensation for damage to coconut trees or that 
     the land would be returned to the owner once there was no 
     longer any need for it; and
       Whereas, this sordid history of the people of Guam's most 
     precious resource, other than its children, needs to be and 
     must be appreciated by the United States federal government; 
     and
       Whereas, in response, I Liheslatura has specifically 
     enacted legislation addressing Federal acquisition of 
     property, including:
       (a) Public Law 29-113, specifically Sec. 15105 of Chapter 
     15, Title 21 of the Guam Code Annotated, which calls for duly 
     enacted legislation by I Liheslatura to authorize ``the 
     acquisition by condemnation or otherwise of private 
     property'' by means of Congressional appropriation to acquire 
     property for public use; and
       (b) Public Law 30-21, specifically Sec. 2401 (c) of Chapter 
     24, Title 1 of the Guam Code Annotated, which tasks the Guam 
     First Commission to determine which land the federal 
     government may intend to lease or sub-lease, exchange for 
     other land, or purchase, and to report their findings to I 
     Liheslatura and I Maga'lahi, and also requires Legislative 
     approval of any Federal acquisition of government of Guam 
     property, whether by lease, sub-lease, exchange or sale; Now, 
     therefore, be it
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, absolutely oppose 
     the use, or threat of use, of eminent domain/condemnation for 
     any acquisition of any additional Guam land, private or 
     public, for any purpose whatsoever related to the planned 
     military buildup; and be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand negotiations 
     at arms length, with a level table, and without undue 
     pressure being exerted on Guam landowners by the United 
     States federal government/Department of Defense, for the 
     acquisition of any additional land, public or private; and be 
     it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand dealings 
     concerning land are held in good faith between the United 
     States federal government/Department of Defense and private 
     landowners that are willing to lease/sell their property to 
     the federal government, and are also held in good faith with 
     the official representatives of the people of Guam in 
     discussing the potential lease of land from the government of 
     Guam; and be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Guahan does 
     hereby, on behalf of the people of Guam, demand that the 
     federal government renounce any repeat of history, and 
     declares that condemnation SHALL NOT be a tool available to 
     the federal government, either directly or through the use of 
     intimidation, in relation to the Guam military buildup; and 
     be it further
       Resolved, That I Mina'Trenta Na Liheslaturan Gudhan does 
     hereby, on behalf of the people of Guam, recognize and 
     memorialize the many years of injustice and mistreatment of 
     the people of Guam, as reflected in the foregoing history of 
     Federal land takings; and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attest to, the adoption hereof, and that copies of 
     the same be thereafter transmitted to the Honorable Barack 
     Obama, President of the United States; to the Honorable Nancy 
     Pelosi, Speaker of the United States House of 
     Representatives; to the Honorable Robert Byrd, President Pro 
     Tem of the U.S. Senate; to the Honorable Madeleine Z. 
     Bordallo, Guam Delegate to Congress; to the Honorable Ban Ki-
     moon, Secretary General of the United Nations; to the 
     Honorable Hillary Rodham Clinton, Secretary of State; to the 
     Honorable William Gates, Secretary of Defense; to the 
     Honorable Ray Mabus, Secretary of the Navy; to the Honorable 
     Michael B. Donley, Secretary of the Air Force; to the 
     Honorable John M. McHugh, Secretary of the Army; to the 
     Honorable Ken Salazar, Secretary of the Interior; to the 
     Honorable Anthony Babauta, Assistant Secretary of the 
     Interior for Insular Affairs; to the Honorable Benigno 
     Fitial, Governor of the Commonwealth of the Northern Mariana 
     Islands; and to the Honorable Felix P. Camacho, I Maga'lahen 
     Guahan (Governor of Guam).
                                  ____

       POM-86. A joint memorial adopted by the Legislature of the 
     State of New Mexico requesting the support in the 
     preservation of the Navajo Code Talkers' remarkable legacy; 
     to the Committee on Armed Services.

                      Senate Joint Memorial No. 51

       Whereas, the few living Navajo Code Talkers are undertaking 
     a multi-year project to build an educational, historical and 
     humanitarian facility that will bring pride to Native 
     American and Non-Native American communities alike, educate 
     the young and old and conserve the instruments of freedom 
     gifted to the American people by an awe-inspiring group of 
     young Navajo men during World War II; and
       Whereas, during World War II, these modest young Navajo men 
     fashioned from the Navajo language the only unbreakable code 
     in military history; and
       Whereas, these Navajo Radio Operators transmitted the code 
     throughout the dense jungles and exposed beachheads of the 
     Pacific theater from 1942 to 1945, passing over eight hundred 
     error-free messages in forty-eight hours at Iwo Jima alone; 
     and
       Whereas, the bravery and ingenuity of these young Navajo 
     men gave the United States and allied forces the upper hand 
     they so desperately needed, finally hastening the war's end 
     and assuring victory for the United States; and

[[Page 3225]]

       Whereas, after being sworn to secrecy for twenty-three 
     years after the war, these young Navajo men eventually came 
     to be known as Navajo Code Talkers and were honored by 
     President George W. Bush more than fifty years after the war 
     with Congressional Gold and Silver Medals in 2001; and
       Whereas, the Navajo Code Talkers are now in their eighties, 
     and with fewer than fifty remaining from the original four 
     hundred, the urgency to capture and share their stories and 
     memorabilia from their service in the war is now critical; 
     and
       Whereas, these American treasures and revered elders of the 
     Navajo Nation have come together to tell their story, one 
     that has never been heard, from their own hearts and in their 
     own words; and
       Whereas, the Navajo Code Talkers' heroic story of an 
     ancient language, valiant people and a decisive victory that 
     changed the path of modern history is the greatest story 
     never told; and
       Whereas, the Navajo Code Talkers ultimately envision a 
     lasting memorial, the Navajo Code Talkers Museum and Veterans 
     Center, on donated private land; and
       Whereas, the Navajo Code Talkers' mission is to create a 
     place where their legacy of service will inspire others to 
     achieve excellence and instill core values of pride, 
     discipline and honor in all those who visit; and
       Whereas, through the lead efforts of the Navajo Code 
     Talkers foundation and many partners and individuals, the 
     Navajo Code Talkers' legacy, history, language and code will 
     be preserved to benefit all future generations; Now, 
     therefore, be it
       Resolved by the Legislature of the State of New Mexico, 
     That the United States Congress, Department of the Interior, 
     Department of Veterans Affairs, Department of Health and 
     Human Services, Department of Defense, Department of 
     Agriculture, Department of State and Department of Energy be 
     requested to support the preservation of the Navajo Code 
     Talkers' remarkable legacy; and, be it further
       Resolved, That copies of this memorial be transmitted to 
     the President Pro Tempore of the United States Senate, the 
     Speaker of the United States House of Representatives, the 
     Secretary of the Interior, the Secretary of Defense, the 
     Secretary of Veterans Affairs, the Secretary of Health and 
     Human Services, the Secretary of Agriculture, the Secretary 
     of State, the Secretary of Energy and the New Mexico 
     Congressional Delegation.
                                  ____

       POM-87. A memorial adopted by the Senate of the State of 
     New Mexico urging Congress to expedite the passage of 
     legislation to enact the necessary amendments to the Surface 
     Mining Control and Reclamation Act of 1977 to clarify that 
     uncertified states have authority to use payments for non-
     coal mine reclamation projects; to the Committee on Energy 
     and Natural Resources.

                         Senate Memorial No. 30

       Whereas, New Mexico is known to have some of the richest 
     uranium resources in the nation in the area known as ``The 
     Grants Mineral Belt''; and
       Whereas, dating back to the 1940s, states such as New 
     Mexico mined uranium for the benefit of the Atomic Energy 
     Commission and the federal government's Nuclear Weapons 
     Program; and
       Whereas, the Atomic Energy Commission did not require that 
     early mines be reclaimed; and
       Whereas, research shows that many uranium mines were 
     abandoned and never reclaimed; and
       Whereas, the federal government has direct responsibility 
     to provide funding, both for the initial surveying of these 
     mines and for potential subsequent reclamation where 
     warranted; and
       Whereas, the Surface Mining Control and Reclamation Act of 
     1977 is a federal law that mandates a reclamation fee on each 
     ton of coal produced in the country, and Title IV of that Act 
     provides for abandoned mine reclamation; and
       Whereas, in 2006, the United States Congress passed 
     amendments to Title IV of the Surface Mining Control and 
     Reclamation Act of 1977 providing that the funds collected 
     from the reclamation fees will now go directly to the states 
     rather than be appropriated by Congress; and
       Whereas, the Solicitor of the Department of the Interior 
     has interpreted those 2006 amendments to limit uncertified 
     states, such as New Mexico, from using the funds available 
     through the Surface Mining Control and Reclamation Act of 
     1977 for non-coal mine reclamation; and
       Whereas, following the 2006 amendments, the Office of 
     Surface Mining Reclamation and Enforcement promulgated 
     regulations that restrict uncertified states from using funds 
     available through the Surface Mining and Control Reclamation 
     Act of 1977 for non-coal mine reclamation; and
       Whereas, Secretary Ken Salazar of the Department of the 
     Interior has suggested that a legislative solution is 
     necessary in order to allow funding distribution under 
     Section 411(h)(1) of the Surface Mining Control and 
     Reclamation Act of 1977 to be used for non-coal mine 
     reclamation; Now, therefore, be it
       Resolved by the Senate of the State of New Mexico, That 
     Congress be requested to expedite the passage of legislation 
     to enact the necessary amendments to the Surface Mining 
     Control and Reclamation Act of 1977 to clarify that 
     uncertified states have authority to use payments for non-
     coal mine reclamation projects; and be it further
       Resolved, That copies of this memorial be transmitted to 
     the Speaker of the United States House of Representatives, 
     the President Pro Tempore of the United States Senate and the 
     New Mexico Congressional Delegation.
                                  ____

       POM-88. A resolution adopted by the House of the 
     Legislature of the State of West Virginia urging support of 
     West Virginia's coal industry by encouraging measures that 
     protect miners and their families, provide incentives for the 
     development of advanced coal technologies, enhance the energy 
     independence of the State and the nation, protect the 
     environment from which coal is mined, and supply consumers 
     with cleaner and more affordable energy produced from coal; 
     to the Committee on Energy and Natural Resources.

                        House Resolution No. 402

       Whereas, the coal industry provides salaries and benefits 
     to thousands of West Virginians; and
       Whereas, the coal industry is responsible for millions of 
     dollars of tax revenues that are used to fund important 
     government services and programs; and
       Whereas, the coal industry is vitally important to the 
     economic welfare of this State and its citizens; and
       Whereas, the Legislature, with the leadership and support 
     of the Governor, has worked to enact legislation to ensure 
     the future of West Virginia coal, including the adoption of 
     sweeping coal mine safety reforms, planning requirements for 
     post-mining land use, an alternative and renewable energy 
     portfolio featuring clean coal technology, and a regulatory 
     framework for carbon capture and sequestration projects; and
       Whereas, recent events at the federal level, most notably 
     the debate over ``cap and trade'' legislation in Congress and 
     obscure regulatory actions by the Environmental Protection 
     Agency, are casting a shadow of doubt and uncertainty over 
     the future of the coal industry in West Virginia; and
       Whereas, for the sake of those individuals who depend upon 
     coal to support themselves and their families, the House of 
     Delegates, the Senate, the Governor and West Virginia's 
     congressional delegation must work together to secure the 
     future of the coal industry, and with it the future of the 
     State; therefore, be it
       Resolved by the House of Delegates, That the West Virginia 
     House of Delegates will continue to support the West Virginia 
     coal industry by encouraging measures that protect miners and 
     their families, provide incentives for the development of 
     advanced coal technologies, enhance the energy independence 
     of the State and the nation, protect the environment from 
     which coal is mined, and supply consumers with cleaner and 
     more affordable energy produced from coal; and, be it further
       Resolved, That the West Virginia House of Delegates 
     requests that West Virginia's congressional delegation resist 
     and oppose efforts at the federal level to undermine the 
     future of West Virginia's coal industry; and, be it further
       Resolved, That the Clerk of the House of Delegates forward 
     a certified copy of this resolution to United States Senators 
     Robert C. Byrd and John D. Rockefeller IV and Representatives 
     Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.
                                  ____

       POM-89. A memorial from the Public Safety Personnel 
     Retirement System, transmitting, pursuant to Arizona law, a 
     report relative to the Arizona Terrorism Country Divestment 
     act; to the Committee on Banking, Housing, and Urban Affairs.

                          ____________________