[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Pages 12499-12514]
[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-59. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to codify into 
     law a United States Department of Defense standard for 
     religious freedom that would be applied to all uniformed 
     services; to the Committee on Armed Services.

                  House Concurrent Resolution No. 175

       Whereas, the freedom to practice religion and to express 
     religious thought is acknowledged as our first freedom, 
     enshrined in the Bill of Rights of the United States 
     Constitution and is a freedom which belongs to all Americans; 
     and
       Whereas, our military has fought to preserve all rights and 
     freedoms enumerated in the United States Constitution; and
       Whereas, recent news reports and statements of high ranking 
     military personnel reveal a growing intolerance and in some 
     cases outright hostility toward religious expression and 
     affiliation within segments of our nation's military; and
       Whereas, in Section 533 of the United States National 
     Defense Authorization Act (NDAA) for Fiscal Year 2013, the 
     United States Department of Defense is charged with 
     developing regulations that would implement the conscience 
     protections recently passed by the United States Congress; 
     and

[[Page 12500]]

       Whereas, the same protections have not been established 
     throughout the Department of Defense for all service 
     personnel; and
       Whereas, individual branches of the military have adopted 
     policies that are not in keeping with the spirit of Section 
     533 of the NDAA; and
       Whereas, protection of religious freedom is fundamental to 
     all freedoms as Americans: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to codify into law a United States 
     Department of Defense standard for religious freedom that 
     would be applied to all uniformed services, ensuring that all 
     members of the armed forces may engage in peaceable and 
     noncombative religious speech, including noncoercive 
     proselytizing, and that such speech is not in derogation of 
     the good order and discipline of the armed forces; and 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-60. A resolution adopted by the House of 
     Representatives of the Commonwealth of Massachusetts 
     recognizing the valor and courage of the 65th Infantry 
     Regiment, known as the Borinqueneers; to the Committee on 
     Armed Services.

                            House Resolution

       Whereas, military heroes who served so valiantly and 
     honorably in wars in which this country's freedom was at 
     stake should be recognized by the people of this great 
     nation, who should never forget the courage with which these 
     soldiers fought; and
       Whereas, in full accord with its long standing traditions, 
     it is the sense of this legislative body to memorialize the 
     Congress of the United States to recognize the 65th Infantry 
     Regiment, known as the Borinqueneers, and to request that 
     Congress bestow the Congressional Gold Medal upon these war 
     heroes; and
       Whereas, this auspicious honor, considered the most 
     distinguished, is an award bestowed by the United States 
     Congress and is, along with the presidential medal of 
     freedom, the highest civilian award in the United States, 
     given to persons who have performed an achievement that has 
     an impact on American history and culture that is likely to 
     be recognized as a major achievement of the Borinqueneers now 
     and in the future; and
       Whereas, as mandated by Congress in 1899, the 65th Infantry 
     Regiment, hailing from Puerto Rico, was the only Hispanic-
     segregated unit ever in the United States Armed Forces that 
     played a prominent role in American military history, having 
     participated in three wars in which the United States was 
     engaged, World War I, World War II, and most notably, the 
     Korean war; and
       Whereas, the Borinqueneers were willing to shed their 
     blood, sweat and tears for democracy by enlisting in the 
     United States Armed Forces on their own accord to defend the 
     freedoms of others; and
       Whereas, these brave men were one of the first infantrymen 
     of the ``Rock of the Marine Division. (3rd Infantry Division) 
     to meet the enemy on the battlefields of Korea, fighting with 
     determination and efficiency; and
       Whereas, the 65th Infantry Regiment served with distinction 
     and valor, earning two Presidential Unit Citations, Army Unit 
     Superior Award, Navy Unit Citation, two Republic of Korea 
     Presidential Unit Citations and Bravery Gold Medal of Greece; 
     and
       Whereas, the congressional honor would affirm that they are 
     recognized by the people of the United States as true 
     American heroes who served their country with distinction, 
     fighting bravely even while enduring the hardships of 
     segregation and discrimination; and
       Whereas, the Borinqueneers are veritable American heroes 
     and deserve to be recognized, commended, acknowledged and 
     remembered by the people of the State of Massachusetts, as 
     well as by all of the citizens of this great Nation: Now 
     therefore, be it
       Resolved, That the Congress of the United States hereby, 
     respectfully memorialized by this legislative body, recognize 
     the 65th Infantry Regiment known as the Borinqueneers, and 
     request that these war heroes receive the Congressional Gold 
     Medal; and be it further
       Resolved, That a copy of these resolutions be forwarded by 
     the clerk of the House of Representatives to the President of 
     the Senate of the United States, the Speaker of the House of 
     Representatives of the United States, Congressman Richard 
     Neal, Senator Elizabeth Warren, Senator William Cowan and the 
     Borinqueneers Congressional Gold Medal Alliance.
                                  ____

       POM-61. A joint memorial adopted by the Legislature of the 
     State of New Mexico requesting Congress to support and 
     preserve the Navajo Code Talkers' legacy and substantial 
     contribution to the United States; to the Committee on Armed 
     Services.

                        Senate Joint Memorial 41

       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 the Allied Forces the upper 
     hand they so desperately needed, finally hastening the war's 
     end and assuring victory for the United States; and
       Whereas, after being sworn to secrecy for twenty-three 
     years after the war, these brave 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-62. A resolution adopted by the Senate of the State of 
     Michigan memorializing the President and the United States 
     Congress to support continued funding of the United States 
     Department of Defense STARBASE youth science and technology 
     program; to the Committee on Armed Services.

                        Senate Resolution No. 31

       Whereas, Early childhood access to science, technology, 
     engineering, and mathematics (STEM) education opportunities 
     are critical to the future of the United States as an 
     economic and technological leader of the global marketplace; 
     and
       Whereas, The STARBASE program utilizes military resources 
     and technology not otherwise available to Michigan school 
     districts to support STEM education; and
       Whereas, The program strives to motivate children to 
     explore STEM-related opportunities and provides vital 
     exposure for traditionally underrepresented communities to 
     technology professions; and
       Whereas, Michigan is home to three successful STARBASE 
     program locations based in Alpena, Battle Creek, and Mt. 
     Clemens that annually serve more than 3,500 students; and
       Whereas, The value of Michigan STARBASE education programs 
     significantly exceeds the costs, as the fiscal year 2013 
     STARBASE budget requires as little as $200 per student in 
     spending; and
       Whereas, The STARBASE concept and pilot program originated 
     in Michigan and now has a presence in 40 states through 76 
     program locations, with a waiting list of more than 35 
     qualified facilities nationwide: Now, therefore, be it
       Resolved by the Senate, That we urge the President and the 
     United States Congress to preserve full funding and support 
     for the United States Department of Defense STARBASE youth 
     science and technology program; and be it further

[[Page 12501]]

       Resolved, That copies of this resolution be transmitted to 
     the Office of the President of the United States, the 
     President of the United States Senate, the Speaker of the 
     United States House of Representatives, the United States 
     Secretary of Defense, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-63. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to preclude or 
     delay the increase in premium fees for the National Flood 
     Insurance Program until further study can be done, in order 
     to prevent unintended adverse consequences on the residents 
     of St. Charles Parish and the value of their homes; to the 
     Committee on Banking, Housing, and Urban Affairs.

                   House Concurrent Resolution No. 60

       Whereas, the National Flood Insurance Program provides 
     important and necessary property coverage in the event of 
     flooding for homeowners in St. Charles Parish; and
       Whereas, President Barack Obama signed the Biggert-Waters 
     Flood Insurance Reform Act into law on July 6, 2012; and
       Whereas, St. Charles Parish is currently in the process of 
     adopting the revised version of the Flood Insurance Rate 
     Maps; and
       Whereas, many homeowners of St. Charles Parish constructed 
     and purchased homes in areas based on the existing version of 
     the Flood Insurance Rate Maps which met or exceeded current 
     base flood elevation requirements; and
       Whereas, many homeowners of St. Charles Parish have 
     benefitted from locally built and maintained flood control 
     features, including functional levees, which have protected 
     the residents of these areas from flooding for decades; and
       Whereas, the existing version of the Flood Insurance Rate 
     Maps took into consideration the benefits provided by the 
     locally built and maintained flood control features; and
       Whereas, the proposed revised version of the Flood 
     Insurance Rate Maps do not account for this important source 
     of functional flood protection; and
       Whereas, the Biggert-Waters Flood Insurance Act includes 
     provisions that permit the National Flood Insurance Program 
     to increase premium rates for certain policyholders; and
       Whereas, the increase of such risk-based premium rates is 
     anticipated to result in a total premium increase of between 
     twenty percent to twenty-five percent per year for certain 
     homeowners, during each of the next five years; and
       Whereas, certain areas of St. Charles Parish will 
     experience extreme, sudden, and unaffordable increases in 
     flood insurance premiums that may lead to personal bankruptcy 
     and foreclosure; and
       Whereas, the effects of the Biggert-Waters Flood Insurance 
     Reform Act and the revised version of the Flood Insurance 
     Rate Maps would have significant consequences on the housing 
     market and economic health of St. Charles Parish; and
       Whereas, the Biggert-Waters Flood Insurance Reform Act also 
     includes provisions, located in Section 207 of such act, that 
     eliminate the ``grandfathering'' of homes that were built 
     after the existing Flood Insurance Rate Maps in accordance 
     with then existing laws; and
       Whereas, coverage by the National Flood Insurance Program 
     is necessary for the affected homeowners; and
       Whereas, the Biggert-Waters Flood Insurance Reform Act also 
     includes provisions which require the Federal Emergency 
     Management Agency to conduct a study on ways to educate 
     consumers about the National Flood Insurance Program and 
     flood risks and to encourage consumer participation; and
       Whereas, such study shall also research the effects of 
     increased premiums on low-income homeowners and ways to 
     assist such homeowners to afford the increased premiums; and
       Whereas, the Act directs the Federal Emergency Management 
     Agency to conclude its study and to issue a report by April 
     6, 2013; and
       Whereas, such study is currently still in progress; and
       Whereas, the Federal Emergency Management Agency has yet to 
     create a report based upon the findings of such study; and
       Whereas, increased premiums as a result of the Biggert-
     Waters Flood Insurance Reform Act will have a significant 
     effect on low-income homeowners; and
       Whereas, congress should consider the amendment or repeal 
     of Section 207 of the Biggert-Waters Flood Insurance Reform 
     Act to take into account its effects on homes that were built 
     after the adoption of existing Flood Insurance Rate Maps in 
     accordance with then existing laws: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to direct the National Flood Insurance 
     Program to delay increasing premium rates until such time as 
     the Federal Emergency Management Agency has released its 
     report and congress has had time to study such report, in 
     order to prevent unintended consequences on the residents of 
     St. Charles Parish and the value of their properties; and be 
     it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to consider the 
     amendment or repeal of Section 207 of the Biggert-Waters 
     Flood Insurance Reform Act in order to take into account its 
     effects on homes that were built after the adoption of 
     existing Flood Insurance Rate Maps in accordance with then 
     existing laws; and 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-64. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to pass the Strengthen, Modernize and Reform the 
     National Flood Insurance Program Act and the Flood Insurance 
     Implementation Reform Act of 2013; to the Committee on 
     Banking, Housing, and Urban Affairs.

                  House Concurrent Resolution No. 141

       Whereas, the National Flood Insurance Act of 1968 was 
     enacted to provide previously unavailable flood insurance 
     protection to property owners; and
       Whereas, the National Flood Insurance Program continues to 
     provide important and necessary property coverage for home 
     and business owners throughout various Louisiana parishes, as 
     well as counties and communities nationwide; and
       Whereas, the Biggert-Waters Flood Insurance Reform Act of 
     2012 was signed into law on July 6, 2012; and
       Whereas, the act calls for a revision of the flood 
     insurance rate maps; and
       Whereas, such revised flood insurance rate maps do not 
     include the discounts granted by the current rate maps to 
     property owners who have taken action to mitigate property 
     damage by installing and maintaining flood control features, 
     in conformity with the most current federal law available to 
     them, and in conformity with current flood insurance rate 
     maps; and
       Whereas, countless Louisiana property owners have built and 
     purchased homes and businesses in accordance with the current 
     flood rate insurance maps which, under the provisions of the 
     Biggert-Waters Flood Insurance Reform Act of 2012, will soon 
     enter obsolescence; and
       Whereas, the act also includes provisions, located in 
     Section 207 of such act, that eliminate the 
     ``grandfathering'' of homes that were built after the 
     existing flood insurance rate maps in accordance with then 
     existing laws; and
       Whereas, by purchasing homes and businesses in accordance 
     with the provisions of the former flood rate insurance maps 
     and by investing in previously owned property to install 
     flood mitigation features, Louisiana property owners relied 
     on their strict compliance with federal and state law to 
     protect their purchases and investments; and
       Whereas, in light of the provisions of the Biggert-Waters 
     Flood Insurance Reform Act of 2012, the reliance on existing 
     flood insurance rate maps that those property owners 
     demonstrated is now to their personal and financial 
     detriment; and
       Whereas, the passage of the Biggert-Waters Flood Insurance 
     Reform Act substantially and immediately devalued the 
     investments made in all properties endowed with flood damage 
     mitigation measures and to properties receiving subsidized 
     insurance premium rates; and
       Whereas, the Biggert-Waters Flood Insurance Reform Act also 
     includes provisions that permit the National Flood Insurance 
     Program to increase premium rates for many policyholders; and
       Whereas, the elimination of these discounts combined with 
     the certainty of general premium rate increases will result 
     in a premium increase of up to twenty-five percent per year 
     for certain Louisiana property owners over the next four 
     years; and
       Whereas, under the changes to the National Flood Insurance 
     Program caused by the Biggert-Waters Flood Insurance Reform 
     Act, Louisiana property owners will struggle to pay 
     exorbitant amounts of money or will lose their flood 
     insurance; and
       Whereas, a change in the ability of Louisiana property 
     owners to insure their homes from flood damage without 
     bearing the burden of such a violent rise in cost may lead to 
     financial distress for Louisiana residents and property 
     owners and countless other property owners around this 
     nation; and
       Whereas, the premium increases to the National Flood 
     Insurance Program, as mandated by the Biggert-Waters Flood 
     Insurance Reform Act, will affect the entire nation's real 
     estate market; and
       Whereas, the premium increases to the National Flood 
     Insurance Program, as mandated by the Biggert-Waters Flood 
     Insurance Reform Act, will affect the nation's banking and 
     mortgage industry; and
       Whereas, the premium increases to communities and property 
     owners who made their best efforts to comply with federal law 
     by building property in accordance with soon to be outdated 
     flood insurance rate maps will affect consumer confidence and 
     the entire nation's economy; and
       Whereas, on May 21, 2013, the Strengthen, Modernize and 
     Reform the National Flood

[[Page 12502]]

     Insurance Program Act (SMART NFIP) was introduced by Senator 
     Mary Landrieu to address the flaws of the Biggert-Waters 
     Flood Insurance Reform Act; and
       Whereas, SMART NFIP, if passed, would delay premium 
     increases, repeal provisions preventing new owners of sold 
     homes to continue subsidized rates, and allow the rebuilding 
     of key community facilities destroyed in a disaster that lie 
     in velocity zones; and
       Whereas, on May 23, 2013, the Flood Insurance 
     Implementation Reform Act of 2013 was introduced by 
     Congressman Cedric Richmond in an effort to also address 
     flaws of the Biggert-Waters Flood Insurance Reform Act; and
       Whereas, the Flood Insurance Implementation Reform Act is 
     co-sponsored by Congressmen Bill Cassidy, Rodney Alexander, 
     Charles Boustany, and Congresswomen Doris Matsui and Maxine 
     Waters; and
       Whereas, the Flood Insurance Implementation Reform Act, 
     would, if passed, in some cases delay, up to five years, 
     major components of the Biggert-Waters Flood Insurance Reform 
     Act, including delaying the increasing of rates previously 
     ``grandfathered''; and
       Whereas, these instruments would address many of the 
     concerns addressed herein; and
       Whereas, the United States Congress should consider the 
     passage of the Strengthen, Modernize and Reform and National 
     Flood Insurance Program Act and the Flood Insurance 
     Implementation Reform Act of 2013, or, should neither of 
     these acts pass, the United States Congress should consider 
     the amendment or the repeal of Section 205, Section 207, and 
     all such sections of the Biggert-Waters Flood Insurance 
     Reform Act which provide for the increase of premium fees for 
     policyholders of the National Flood Insurance Program, in 
     order to prevent the unduly hazardous effects it will have on 
     home and business owners who invested in property prior to 
     the adoption of the new federal legislation and flood 
     insurance rate maps: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to undertake the amendment or repeal of all 
     relevant provisions of the Biggert-Waters Flood Insurance 
     Reform Act of 2012, including passage of the Strengthen, 
     Modernize and Reform the National Flood Insurance Program Act 
     and the Flood Insurance Implementation Reform Act of 2013; 
     and be it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to, in the absence of 
     the amendment or repeal of all relevant provisions of this 
     Act, suspend adoption of new flood insurance rate maps in 
     order to allow communities with a substantial percentage of 
     participation in the National Flood Insurance Program to work 
     with the Federal Emergency Management Agency and the National 
     Flood Insurance Program to provide for the creation of new 
     flood insurance rate maps which do not unjustly and 
     inequitably dispose of the rights created under existing rate 
     maps; and be it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to, in the absence of 
     the amendment or repeal of all relevant provisions of this 
     Act, provide for a one-year period during which time property 
     owners, in conjunction with the Federal Emergency Management 
     Agency and the National Flood Insurance Program, may enter a 
     special enrollment period wherein property owners may sign up 
     or renew their current National Flood Insurance Program 
     policy using the current flood insurance rate maps on which 
     they relied to purchase and build their homes and businesses; 
     and 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-65. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the United States Congress 
     to reinstitute the Glass-Steagall Act; to the Committee on 
     Banking, Housing, and Urban Affairs.

                            Joint Resolution

       Whereas, an effective monetary and banking system is 
     essential to the proper function of the economy; and
       Whereas, an effective monetary and banking system must 
     function in the public interest without bias; and
       Whereas, the federal Banking Act of 1933, commonly referred 
     to as the Glass-Steagall Act, protected the public interest 
     in matters dealing with the regulation of commercial and 
     investment banks, in addition to insurance companies and 
     securities firms; and
       Whereas, the Glass-Steagall Act was repealed in 1999, 
     permitting members of the financial industry to exploit the 
     financial system for their own gain in disregard of the 
     public interest; and
       Whereas, many financial industry entities were saved by the 
     United States Treasury at a cost of billions of dollars to 
     American taxpayers; and
       Whereas, within the hundreds of pages of the Dodd-Frank 
     Wall Street Reform and Consumer Protection Act there are no 
     prohibitions that prevent ``too big to fail'' financial 
     services organizations from investing in or undertaking 
     substantial risks involving trillions of dollars of 
     derivative contracts; and
       Whereas, the American taxpayers continue to be at risk for 
     the next round of bank failures, as enormous risks are 
     undertaken by financial services organizations; and
       Whereas, Congresswoman Marcy Kaptur has introduced H.R. 
     129, known as the Return to Prudent Banking Act of 2013, to 
     reinstate the provisions of the Glass-Steagall Act, which has 
     gained major bipartisan support; and
       Whereas, the Glass-Steagall Act has widespread national 
     support from organizations such as the American Federation of 
     Labor and Congress of Industrial Organizations, the American 
     Federation of Teachers and the International Association of 
     Machinists, as well as from prominent economic and business 
     leaders, many of the major and respected national newspapers 
     and many others: Now, therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States and the 
     United States Congress enact legislation that would reinstate 
     the separation of commercial and investment banking functions 
     that was in effect under the Glass-Steagall Act, the Banking 
     Act of 1933, to prohibit commercial banks and bank holding 
     companies from investing in stocks, underwriting securities 
     or investing in or acting as guarantors to derivative 
     transactions, in order to prevent American taxpayers from 
     being again called upon to bail out financial institutions; 
     and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States, the President of the Senate and the Speaker of the 
     House of Representatives of the Congress of the United 
     States, and to each Member of the Maine Congressional 
     Delegation.
                                  ____

       POM-66. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to give 
     ``qualified mortgage'' status to all balloon loans held in 
     portfolio by a bank; to the Committee on Banking, Housing, 
     and Urban Affairs.

                  House Concurrent Resolution No. 143

       Whereas, the Consumer Financial Protection Bureau recently 
     released its ``ability-to-repay'' rule as mandated by the 
     federal Dodd-Frank Wall Street Reform and Consumer Protection 
     Act of 2010, which was passed by the United States Congress; 
     and
       Whereas, the ``ability-to-repay'' rule provides specific 
     criteria for mortgage lenders to follow in order to make a 
     good faith determination that a borrower has the ability to 
     repay his mortgage loan; and
       Whereas, as part of the rule, the Consumer Financial 
     Protection Bureau created ``qualified mortgages'' which are 
     mortgages with characteristics that are presumed to be in 
     compliance with the ``ability-to-repay'' rule; and
       Whereas, loans designated as ``qualified mortgage'' loans 
     give lenders important legal protections by deeming those 
     loans to have complied, or giving them a presumption of 
     compliance, with the borrower ``ability-to-repay'' 
     requirements contained in the Dodd-Frank Act; and
       Whereas, mortgage loans made that do not receive the 
     ``qualified mortgage'' status will be subject to increased 
     scrutiny and subject those lenders making them to increased 
     potential liability, possibly causing many lenders to stop 
     making nonqualified mortgage loans; and
       Whereas, it is vitally important that the Consumer 
     Financial Protection Bureau and the United States Congress 
     adopt proper criteria for qualified mortgage loans to ensure 
     that lenders continue to make certain loans and to avoid a 
     potential decrease in access to credit for some consumers 
     that may already have few credit options and that want and 
     need certain loan features; and
       Whereas, Louisiana bankers, especially in rural areas, are 
     very concerned with the narrow ``qualified mortgage'' 
     designation provided by the Consumer Financial Protection 
     Bureau for balloon loans held in portfolio by the bank and 
     the effect this narrow definition will have on customers; and
       Whereas, for various reasons, many consumers do not qualify 
     for loans that can be sold into the secondary market and a 
     balloon loan made and held in portfolio by the local bank may 
     be one of the only options for those consumers; and
       Whereas, community banks have prudently, consistently, and 
     historically made balloon loans in order to serve the 
     specific needs of customers; and
       Whereas, balloon loans held in portfolio by a bank are 
     generally acknowledged as very safely underwritten loans with 
     lower default rates than other loans because the bank making 
     the loan retains all of the credit risk; and
       Whereas, the Consumer Financial Protection Bureau 
     ``ability-to-repay'' rule provides that beginning January, 
     2014, only banks predominately in rural or underserved areas

[[Page 12503]]

     can qualify for balloon loan qualified mortgages; and
       Whereas, only nineteen parishes in Louisiana will likely be 
     considered ``rural'' areas under the definition used by the 
     Consumer Financial Protection Bureau; and
       Whereas, as provided in the Consumer Financial Protection 
     Bureau definition, parishes excluded are those in 
     metropolitan statistical areas, or micropolitan statistical 
     areas adjacent to a metropolitan statistical area, as those 
     terms are defined by the United States Office of Management 
     and Budget; and
       Whereas, the Consumer Financial Protection Bureau 
     commentary states that counties (parishes) included in the 
     definition of ``rural'' will only result in nine and seven 
     tenths percent of the United States population being included 
     in the definition; and
       Whereas, if the United States Congress and the Consumer 
     Financial Protection Bureau do not act to broaden the 
     definition of ``rural'' currently being used in the rules, 
     many bank customers in Louisiana could be negatively impacted 
     by diminished access to credit: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to give ``qualified mortgage'' status to all 
     balloon loans held in portfolio by a bank and to urge and 
     request the Consumer Financial Protection Bureau to expand 
     the definition of ``rural'' for balloon loan qualified 
     mortgages; and 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, to each member of the Louisiana congressional 
     delegation, and to the director of the Consumer Financial 
     Protection Bureau.
                                  ____

       POM-67. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the Congress of the 
     United States to study the causes, effects, prevention, and 
     treatment of early mortality syndrome in the national and 
     international shrimp industry; to the Committee on Commerce, 
     Science, and Transportation.

                  House Concurrent Resolution No. 120

       Whereas, early mortality syndrome (EMS) has been identified 
     in the shrimp stocks in China, Vietnam, Malaysia, and 
     Thailand, causing large losses among the shrimp farms in 
     those countries; and
       Whereas, EMS is characterized by mass mortalities during 
     the first twenty to thirty days of culture in growout ponds 
     along with the clinical signs including slow growth, 
     corkscrew swimming, loose shells, and pale coloration; and
       Whereas, affected shrimp consistently show an abnormal 
     shrunken, small. swollen, or discolored hepatopancreas 
     resulting in mortality; and
       Whereas, Congress should fully utilize and bring to bear 
     all available means of research and study to determine the 
     causes, effects, prevention, and treatment of early mortality 
     syndrome in the shrimp industry and take all appropriate 
     actions necessary to fully protect the shrimp industry in 
     Louisiana and other states from this disease; and
       Whereas, throughout the Gulf of Mexico the shrimp industry 
     in Louisiana and other states is a multibillion dollar 
     industry of vital importance to the economic well-being of 
     the region, and is still threatened by and suffering from the 
     enormous impacts of recent natural and manmade disasters: 
     Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States to study the 
     causes, effects, prevention, and treatment of early mortality 
     syndrome in the national and international shrimp industry 
     and take all appropriate actions necessary to fully protect 
     the shrimp industry in Louisiana and other states from this 
     disease; and 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-68. A concurrent resolution adopted by the Legislature 
     of the State of South Carolina memorializing the United 
     States Congress to enact legislation that gives the State of 
     South Carolina authority to manage its stock of Black Sea 
     Bass in both state and federal waters; to the Committee on 
     Commerce, Science, and Transportation.

                         Concurrent Resolution

       Whereas, the Public Trust Doctrine is a legal principal 
     derived from English Common Law which has been affirmed 
     repeatedly by state and federal courts interpreting the 
     essence of the doctrine to mean that the waters of the state 
     are a public resource owned by and available to all citizens 
     equally for the purposes of navigation, conducting commerce, 
     fishing, recreation, and similar uses; and
       Whereas, the amendment to Article I of the Constitution of 
     South Carolina, 1895, prepared under the terms of Joint 
     Resolution 3483 of 2009, having been submitted to the 
     qualified electors at the General Election of 2010 as 
     prescribed in Section 1, Article XVI of the Constitution of 
     South Carolina, 1895, and a favorable vote having been 
     received on the amendment, added Section 25 which reads, 
     ``the traditions of hunting and fishing are valuable parts of 
     the state's heritage, important for conservation, and a 
     protected means of managing nonthreatened wildlife. The 
     citizens of this State have the right to hunt, fish, and 
     harvest wildlife traditionally pursued, subject to laws and 
     regulations promoting sound wildlife conservation and 
     management as prescribed by the General Assembly. Nothing in 
     this section shall be construed to abrogate any private 
     property rights, existing state laws or regulations, or the 
     state's sovereignty over its natural resources''; and
       Whereas, with regard to the management of the state's Black 
     Sea Bass (Centropristis Striata) population, South Carolina's 
     Department of Natural Resources along with the state's 
     commercial and recreational fishermen are prime examples of 
     responsible resource stewards, as they place an extremely 
     high value on the quality and existence of our nation's 
     coastal waters and freshwater resources. The Department of 
     Natural Resources, as well as commercial and recreational 
     fishermen respect this species' marine and freshwater 
     habitats because they know that in order for these ecosystems 
     to sustain healthy populations of this species, these must be 
     protected and carefully managed; and
       Whereas, allowing the State of South Carolina to manage the 
     state's Black Sea Bass (Centropristis Striata) population 
     would provide the best protection for this population so that 
     it may remain a natural resource for current and future 
     generations: Now, Therefore, be it
       Resolved by the House of Representatives, the Senate 
     concurring, That the members of the General Assembly 
     memorialize Congress to enact legislation that gives the 
     State of South Carolina authority to manage its stock of 
     Black Sea Bass (Centopristis Striata) in both state and 
     federal waters; and be it further
       Resolved, That a copy of this resolution be forwarded to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and each member of 
     the South Carolina Congressional Delegation.
                                  ____

       POM-69. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to adopt and 
     enact the Fixing America's Inequities with Revenue Act; to 
     the Committee on Energy and Natural Resources.

                   House Concurrent Resolution No. 58

       Whereas, offshore producing states face inequities in 
     federal energy policies which allow onshore producing states 
     to keep up to fifty percent of revenues generated from energy 
     production generated within their states; and
       Whereas, coastal energy producing states like Louisiana 
     have a limited partnership with the federal government to 
     keep revenues generated from their offshore energy production 
     that is produced for the nation; and
       Whereas, the FAIR Act shall address this inequity by 
     authorizing a revenue percentage for all offshore energy 
     producing states like Louisiana, regardless of the type of 
     energy produced and gradually lift the congressionally 
     mandated annual cap on revenue kept by Gulf Coast producing 
     states; and
       Whereas, offshore revenue sharing is an integral element to 
     a comprehensive national energy plan, increasing revenue as 
     well as creating additional jobs for the state of Louisiana: 
     Now, therefore be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to expedite such revenue sharing as outlined 
     in the Fixing America's Inequities with Revenue (FAIR) Act; 
     and 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-70. A joint memorial adopted by the Legislature of the 
     State of Idaho urging the Secretary of the United States 
     Department of Agriculture to declare the Frank Church-River 
     of No Return Wilderness and adjacent national forest lands to 
     be a Natural Resources Disaster Area; to the Committee on 
     Energy and Natural Resources.

                       House Joint Memorial No. 1

       We, your Memorialists, the House of Representatives and the 
     Senate of the State of Idaho assembled in the First Regular 
     Session of the Sixty-second Idaho Legislature, do hereby 
     respectfully represent that:
       Whereas, the State of Idaho and the vast Frank Church-River 
     of No Return Wilderness and contiguous national forests have 
     suffered numerous and frequent large destructive forest and 
     range fires, most recently in 2012; and
       Whereas, the fires have not only incrementally expanded the 
     total burned acreage but have also reburned huge areas one or 
     more times; and
       Whereas, the cumulative effect of numerous large fires has 
     resulted in tremendous

[[Page 12504]]

     damage and destruction to the watersheds, streams important 
     to the recovery of anadromous fish, wildlife habitat, scenic 
     values, recreational use, loss of native plant species, 
     historic structures, public access and safety, air quality 
     and public health, the trail network and other values and 
     benefits for which the national forests and wilderness were 
     established; and
       Whereas, the cumulative and growing loss of wilderness 
     values and attributes is also resulting in serious economic 
     impact to surrounding communities, counties, the State of 
     Idaho and the businesses dependent upon the natural resources 
     inherent in wilderness and the national forests; and
       Whereas, hundreds of miles of trails have been severely 
     damaged, blocked, rendered unsafe for travel or simply wiped 
     out by fire, and the continuing destructive aftermath of 
     blowdown, washouts and landslides have not been opened, 
     cleared, repaired or replaced. The backlog of critical 
     restoration work is rapidly growing each year and far exceeds 
     the work performed annually; and
       Whereas, the cumulative impact of fires has resulted in the 
     loss of soil and native vegetation and the replacement of 
     native species with noxious and undesirable plants that will 
     also prevent or retard reestablishment of desirable native 
     plants; and
       Whereas, the United States Forest Service has 
     underestimated the huge cost of trail and resource 
     restoration when making decisions on active fire strategies 
     in the wilderness due to a decision bias toward minimizing 
     suppression expenditures for wilderness fires at the expense 
     of long-term restoration; and
       Whereas, the United States Forest Service has not placed 
     the necessary emphasis and priority on restoration of proper 
     watershed and vegetative conditions within the wilderness, 
     and has also not considered the negative effect of vegetative 
     type conversion resulting from intense and/or repetitive 
     burns; and
       Whereas, the United States Forest Service has not placed 
     emphasis and priority on training for forest supervisors, 
     rangers and staff on the importance of safe and effective 
     saddle and pack stock use and management, and the field 
     conditions necessary for reasonable and safe public and 
     employee access to and within the wilderness; and
       Whereas, the United States Forest Service has not placed 
     emphasis and priority on eliminating barriers to effective 
     and streamlined contracting procedures and effective use of 
     volunteers in order to respond to the crisis in the 
     wilderness and maximize fieldwork accomplishment; and
       Whereas, the Secretary of Agriculture and the Chief of the 
     United States Forest Service have not placed the necessary 
     emphasis and priority of the requirement of Section 5(b) of 
     the Central Idaho Wilderness Act to clear obstructions from 
     all trails within and adjacent to the wilderness on at least 
     an annual basis; and
       Whereas, the Chief of the United States Forest Service has 
     not programmed on a continuing basis even normal repair, 
     replacement and maintenance of the trail system and trail 
     structures such as bridges, trail tread, drainage, associated 
     signing and other essential actions to enable safe public 
     use, full and unimpeded public access by foot and horseback 
     and the public services that are vital to public use and 
     enjoyment of the wilderness, in order to prevent cumulative 
     deterioration of the system under even non-fire conditions; 
     and
       Whereas, the Chief of the United States Forest Service has 
     not placed emphasis on efficient and economical methods of 
     trail restoration and maintenance, and has in fact 
     aggressively limited methods and tools by Forest Service 
     crews, contractors and volunteers that would greatly increase 
     accomplishment and lower costs without adverse effect on 
     wilderness values or visitors; and
       Whereas, use of outfitter and guide permittees, contractors 
     and volunteers from various organizations to accomplish trail 
     work is well below potential due to a lack of emphasis by the 
     United States Forest Service on using innovative ways to 
     offset permittee fees and streamline and simplify contracting 
     procedures: Now, therefore, be it
       Resolved, by the members of the First Regular Session of 
     the Sixty-second Idaho Legislature, the House of 
     Representatives and the Senate concurring therein, That we 
     urge the Secretary of the United States Department of 
     Agriculture to declare the Frank Church-River of No Return 
     Wilderness and adjacent national forest lands to be a Natural 
     Resources Disaster Area; and be it further
       Resolved, That we urge the Secretary of Agriculture and the 
     Chief of the United States Forest Service to recognize the 
     dire conditions prevailing within and adjacent to the Frank 
     Church-River of No Return Wilderness and adjacent national 
     forests, and further urge that the necessary priorities and 
     emphasis be placed on prompt and practical actions to prevent 
     further cumulative loss of the unique values of the 
     wilderness; and be it further
       Resolved, That we urge compliance with the specific 
     requirements of the Central Idaho Wilderness Act mandating 
     annual clearing of obstructions from the trail system; 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, the congressional delegation representing the State 
     of Idaho in the Congress of the United States, the Secretary 
     of the United States Department of Agriculture and the Chief 
     of the United States Forest Service.
                                  ____

       POM-71. A concurrent resolution adopted by the Legislature 
     of the State of Michigan memorializing the President and the 
     Congress of the United States to support the continued and 
     increased development and importation of oil derived from 
     North American reserves; to the Committee on Energy and 
     Natural Resources.

                   Senate Concurrent Resolution No. 6

       Whereas, The United States relies--and will continue to 
     rely for many years--on gasoline, diesel, and jet fuel, as 
     well as renewable and alternative sources of energy. In order 
     to fuel our economy, the United States will need more oil and 
     natural gas while also requiring additional alternative 
     energy sources; and
       Whereas, The United States accounts for 20 percent of world 
     energy consumption and is the world's largest petroleum 
     consumer. The U.S. consumes more than 18 million barrels of 
     oil each day, and forecasts suggest this will not change for 
     decades. Current imports amount to over 8 million barrels 
     each day, approximately 50 percent of the United States' 
     requirements. Even with new technology, oil discoveries, 
     alternative fuels, and conservation efforts, the U.S. will 
     remain dependent on imported energy for decades to come. A 
     secure supply of crude oil is not only needed for Americans 
     to continue to heat their homes, cook their food, and drive 
     their vehicles, but to allow the U.S. economy to thrive and 
     grow free from the potential threats and disruptions of crude 
     oil supply from less secure parts of the world; and
       Whereas, The growing production of conflict-free oil from 
     Canada's oil sands and the Bakken Formation in Saskatchewan, 
     Montana, North Dakota, and South Dakota can replace crude 
     imported from countries that do not share American values. 
     However, additional pipeline capacity to refineries in the 
     U.S. Midwest and Gulf Coast is required; and
       Whereas, Increasing energy imports from Canada makes sense 
     for the United States. Canada is a trusted neighbor with 
     stable democratic government, strong environmental 
     standards--equal to that of the U.S. and some of the most 
     stringent human rights and worker protection legislation in 
     the world; and
       Whereas, Improvements in production technology have reduced 
     the carbon footprint of Canadian oil sands development by 26 
     percent on a per-barrel basis since 1990. Oil sands 
     production accounts for 6.9 percent of Canada's greenhouse 
     gas (GHG) emissions and 0.1 percent, or one-thousandth, of 
     global GHG emissions. Total emissions from Canada's oil sands 
     sector was 48 megatons in 2010, equivalent to 0.5 percent of 
     U.S. GHG emissions. Oil sands crude has similar carbon 
     dioxide emissions to other heavy oils and is 9 percent more 
     carbon-intensive than the average crude refined in the U.S. 
     on a wells-to-wheels basis; and
       Whereas, The 57 refineries in the Gulf Coast region provide 
     a total refining capacity of approximately 8.7 million 
     barrels per day (bpd), or half of U.S. refining capacity. In 
     2011, these refineries imported approximately 5 million bpd 
     of crude oil from more than 30 countries, with the top four 
     suppliers being Mexico (22 percent), Saudi Arabia (17 
     percent), Venezuela (16 percent), and Nigeria (9 percent). 
     Imports from Mexico and Venezuela are declining as production 
     from these countries decreases and supply contracts expire. 
     Once completed, TransCanada's Keystone XL and Gulf Coast 
     Expansion projects could displace roughly 40 percent of the 
     oil the U.S. currently imports from the Persian Gulf and 
     Venezuela; and
       Whereas, The Keystone XL pipeline project has been subject 
     to the most thorough public consultation process of any 
     proposed U.S. pipeline. It has also been the focus of 
     multiple environmental impact statements and several U.S. 
     Department of State studies. These analyses have concluded 
     that it poses the least impact to the environment and is much 
     safer than other modes of transporting crude oil; and
       Whereas, Pipelines are the safest method for the 
     transportation of petroleum products when compared to other 
     methods of transportation. The Keystone XL pipeline will 
     replace the equivalent of 200 ocean tankers per year. This 
     will reduce greenhouse gas emissions by as much as 19 million 
     tons, or the equivalent of taking almost 4 million cars off 
     the road; and
       Whereas, The original Keystone pipeline, which spans across 
     the northern part of Missouri, supplies over 435,000 barrels 
     of North American crude oil to American refineries in the 
     Midwest. The Keystone XL pipeline will, when completed, carry 
     700,000 barrels of North American crude oil to American 
     refineries in the Gulf Coast region which will make its way 
     back to Missouri in the form of gasoline, diesel, and jet 
     fuel; and
       Whereas, The Keystone XL project will create approximately 
     9,000 construction jobs. The Gulf Coast project is a $2.3 
     billion

[[Page 12505]]

     project that will create approximately 4,000 construction 
     jobs. Combined, they support yet another 7,000 manufacturing 
     jobs. Seventy-five percent of the pipe used to build the 
     Keystone XL in the U.S. will come from North American mills, 
     including half made by U.S. workers. Goods for the pipeline, 
     valued at approximately $800 million, have already been 
     sourced from U.S. manufacturers: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we:
       1. Support continued and increased development and delivery 
     of oil derived from North American oil reserves to American 
     refineries;
       2. Urge the United States Congress to support continued and 
     increased development and delivery of oil from Canada to the 
     United States;
       3. Urge the President of the United States to support the 
     continued and increased importation of oil derived from the 
     Bakken Formation in Saskatchewan, Montana, North Dakota, and 
     South Dakota, as well as Canadian oil sands; and
       4. Urge the U.S. Secretary of State to approve the newly-
     routed pipeline application from TransCanada to reduce 
     dependence on unstable governments, create new jobs, improve 
     our national security, and strengthen ties with an important 
     ally; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States, the U.S. Secretary of 
     State, the President of the United States Senate, the Speaker 
     of the United States House of Representatives, and the 
     members of the Michigan congressional delegation.
                                  ____

       POM-72. A resolution adopted by the House of 
     Representatives of the Commonwealth of Kentucky urging the 
     President of the United States to encourage oil and natural 
     gas production off the northern coast of Alaska, and to 
     approve the construction of the TransCanada Keystone XL 
     pipeline project; to the Committee on Energy and Natural 
     Resources.

                        House Resolution No. 122

       A Resolution urging the President of the United States to 
     encourage oil and natural gas production off the northern 
     coast of Alaska, and to approve the construction of the 
     TransCanada Keystone XL pipeline project.
       Whereas, high oil prices are having a major detrimental 
     impact on families, farms, and businesses in Kentucky and are 
     likely to undercut the prospects for an economic recovery; 
     and
       Whereas, the United States currently imports almost half of 
     its oil and petroleum products, making it dependent on 
     foreign sources and subject to interruptions and price 
     fluctuations stemming from geopolitical forces; and
       Whereas, such instability has damaging consequences both 
     for our economy and our national security; and
       Whereas, the United States Geological Survey estimates a 
     resource of up to 27 billion barrels of oil in the Chukchi 
     and Beaufort Seas of Alaska, providing a vast domestic oil 
     reserve, but opposition and regulatory hurdles are keeping 
     energy producers from accessing these resources; and
       Whereas, the TransCanada Keystone XL pipeline project seeks 
     to link expanded oil production from the Canadian oil sands 
     to refineries in the United States and to facilitate the flow 
     of oil from the Dakotas to the Gulf Coast, thereby decreasing 
     our dependence on oil from outside of North America; and
       Whereas, Canada is a close friend and ally, with whom we 
     share links of infrastructure and energy networks and other 
     ties, so that dollars spent on Canadian oil will likely 
     contribute to the success of the American economy; and
       Whereas, the TransCanada pipeline project is projected to 
     create construction and manufacturing jobs in the United 
     States, adding billions of dollars to our economy: Now, 
     therefore, be it
       Resolved by the House of Representatives of the General 
     Assembly of the Commonwealth of Kentucky:
       Section 1. The House of Representatives of the Commonwealth 
     of Kentucky calls upon President Barack Obama and 
     administration officials to support the increased importation 
     of oil from Canadian oil sands and to approve the newly 
     routed TransCanada Keystone XL pipeline to reduce our oil 
     dependency on unstable governments, strengthen ties with an 
     important ally, and create jobs for American workers.
       Section 2. The House of Representatives of the Commonwealth 
     of Kentucky calls upon President Barack Obama and 
     administration officials to support and facilitate permitting 
     for oil production off the northern coast of Alaska to 
     decrease our dependence on foreign oil and spur investment in 
     the American economy.
       Section 3. A copy of this Resolution shall be sent to the 
     President and Vice President of the United States of America, 
     the Secretary of State of the United States of America, the 
     Speaker of the United States House of Representatives, and 
     each member of the Kentucky delegation to the United States 
     Congress.
                                  ____

       POM-73. A resolution adopted by the Legislature of the 
     Virgin Islands petitioning the United States Congress to pass 
     and adopt H.R. 92, which would authorize a grant of 
     $100,000,000 to the Virgin Islands Water and Power Authority 
     to alleviate the energy crisis in the Territory and for other 
     purposes; to the Committee on Energy and Natural Resources.

                          Resolution No. 1794

       Whereas, the Virgin Islands Water and Power Authority 
     (``the Authority'') generates electricity through the use of 
     fossil fuel refined into diesel; and
       Whereas, studies have shown that electricity generation 
     accounts for approximately sixty eight percent of total 
     energy usage in the Virgin Islands; and
       Whereas, in the last decade the cost of fuel used by the 
     Authority to produce electricity has risen from $32.06 per 
     barrel in October 2003 to $138.50 per barrel in February 
     2013; and
       Whereas, the current consumer cost of electrical power in 
     the Virgin Islands, at $.52 per kilowatt hour for residential 
     customers and $.58 per kilowatt hour for commercial 
     customers, is the highest under the American flag; and
       Whereas, the average monthly electricity bill for Virgin 
     Islands households is $254, five times the national average; 
     and Whereas, residential and commercial consumers are 
     particularly ill-placed to absorb the high and rising costs 
     of electricity as the per capita income in the Virgin Islands 
     is approximately fifty three percent of the national average; 
     and
       Whereas, the increasingly unsupportable cost of electricity 
     has resulted in an exodus of residents and the closure of 
     businesses, including the territory's last remaining dairy 
     operation; and
       Whereas, the Virgin Islands Public Services Commission 
     which regulates public utilities in the territory, has 
     publicly stated that the high rates of electricity are 
     depriving the local economy of between $150-250 million 
     annually and that the current electrical rates cannot be 
     sustained for a significant time without substantial harm to 
     the economy of the Virgin Islands; and
       Whereas, the Virgin Islands Water and Power Authority's 
     (``the Authority'') efforts to convert to alternate fuels and 
     renewable energy sources cannot be effectuated immediately 
     but will require some years to implement; and
       Whereas, the conversion of equipment to burn alternative 
     fuels will cost the Authority millions of dollars; and
       Whereas, the major supplier of fuel to the Authority closed 
     its doors and is not refining fossil fuels; and
       Whereas, the planned conversion of the Authority's 
     generating plants to utlize less expensive fuels including 
     Liquified Petroleum Gas and Liquified Natural Gas are not 
     expected to result in lower electricity rates until at least 
     mid 2014; and
       Whereas, the Virgin Islands Delegate to Congress, Donna 
     Christian-Christensen, has introduced legislation, H.R. 92 in 
     the House of Representatives that would authorize a grant of 
     $100,000,000 to the Authority should it apply and $15,000,000 
     for fiscal years 2013 through 2017 for the conversion of fuel 
     oil (diesel) to liquefied natural gas or liquefied petroleum 
     gas; and
       Whereas, the fiscal stability and survival of the 
     territory, including hotels, gifts shops, restaurants, bars 
     and the average business is dependent on cost effective 
     electricity to generate a profit and pay taxes which in turn 
     keep schools, hospitals and government department and 
     agencies running; and
       Whereas, the territory's efforts at economic recovery and 
     industry recruitment are severely hampered by the high rate 
     of electricity, which discourages new investment and business 
     development: Now, therefore, be it
       Resolved by the Legislature of the Virgin Islands:
       Section 1. The Legislature, on behalf of the People of the 
     Virgin Islands respectfully urges the House of 
     Representatives of the Congress of the United States to adopt 
     H.R. 92 to authorized a one hundred million dollar grant to 
     the Virgin Islands Water and Power Authority and a grant of 
     fifteen million dollars to convert from fuel oil to natural 
     gas.
       Section 2. A copy of this Resolution shall be forwarded to 
     the Honorable John Boehner, Speaker of the House, each member 
     of the U.S. Congress, and the U.S. Virgin Islands Delegate to 
     Congress, Donna Christian-Christensen.
       Thus passed by the Legislature of the Virgin Islands on 
     April 16, 2013.
                                  ____

       POM-74. A joint resolution adopted by the Legislature of 
     the State of Nevada urging Congress to enact the Lyon County 
     Economic Development and Conservation Act; to the Committee 
     on Energy and Natural Resources.

                     Senate Joint Resolution No. 14

       Whereas, The Lyon County Economic Development and 
     Conservation Act, H.R. 696, was recently introduced in the 
     113th Congress; and
       Whereas, The intent of this proposed legislation is to 
     promote the preservation of wilderness and develop a 
     sustainable development plan to enable all persons to benefit 
     from the use of land adjacent to the City of

[[Page 12506]]

     Yerington for potential commercial and industrial 
     development, mining activities, recreational opportunities 
     and expansion of community and cultural events; and
       Whereas, The provisions of the Lyon County Economic 
     Development and Conservation Act propose to convey federal 
     land to the City of Yerington for the purposes of sustainable 
     economic and industrial development; and
       Whereas, Commercial and industrial development of the 
     federal land would enable the community to benefit from the 
     transportation, power and water infrastructure that would be 
     put in place with the concurrent development of commercial 
     and industrial operations; and
       Whereas, The federal land proposed for conveyance to the 
     City under the Lyon County Economic Development and 
     Conservation Act is adjacent to the boundaries of the City 
     and would be used to enhance recreational, cultural, 
     commercial and industrial development opportunities in the 
     City; and
       Whereas, The provisions of the Lyon County Economic 
     Development and Conservation Act propose to designate federal 
     land as wilderness and as a component of the National 
     Wilderness Preservation System, to be known as the ``Wovoka 
     Wilderness''; and
       Whereas, The proposed Wovoka Wilderness is named in honor 
     of the Northern Paiute spiritual leader and founder of the 
     Ghost Dance, and contains landscapes and wildlife habitat 
     that have been enjoyed by hunters, outdoor enthusiasts and 
     explorers since John C. Fremont camped along the East Walker 
     River in 1844; and
       Whereas, The Lyon County Economic Development and 
     Conservation Act will create an estimated 1,300 jobs and 
     provide much needed economic development for the City of 
     Yerington and Lyon County; and
       Whereas, The designation of the proposed Wovoka Wilderness 
     will preserve invaluable prehistoric cultural and natural 
     resources, thereby preserving those resources for future 
     generations: Now, therefore, be it
       Resolved by the Senate and Assembly of the State of Nevada, 
     jointly, That the members of the 77th Session of the Nevada 
     Legislature hereby urge Congress to enact the Lyon County 
     Economic Development and Conservation Act; and be it further
       Resolved, That the Secretary of the Senate prepare and 
     transmit a copy of this resolution to the Vice President of 
     the United States as the presiding officer of the Senate, the 
     Speaker of the House of Representatives and each member of 
     the Nevada Congressional Delegation; and be it further
       Resolved, That this resolution becomes effective upon 
     passage.
                                  ____

       POM-75. A joint resolution adopted by the Legislature of 
     the State of Utah declaring and asserting the jurisdictional 
     right of the State of Utah and its political subdivisions to 
     respond to and take action when conditions on federally 
     managed land in the state adversely affect, or may adversely 
     affect, the health, safety, or welfare of the people; to the 
     Committee on Energy and Natural Resources.

                       House Joint Resolution 15

       Whereas, in its Patient Protection and Affordable Care Act 
     decision, released June 2012, the United States Supreme Court 
     reaffirmed the position of the states as ``separate and 
     independent sovereigns'';
       Whereas, the court made it clear that the federal 
     government ``must show that a constitutional grant of power 
     authorizes each of its actions'';
       Whereas, in contrast, the Supreme Court further explained 
     that ``the same does not apply to the States, because the 
     Constitution is not the source of their power. . . . The 
     States thus can and do perform many of the vital functions of 
     modern government . . .  even though the Constitution's text 
     does not authorize any government to do so'';
       Whereas, the Supreme Court added, ``Our cases refer to this 
     general power of governing, possessed by the States but not 
     by the federal government, as the `police power.' . .  
     Because the police power is controlled by 50 different states 
     instead of one national sovereign, the facets of governing 
     that touch on citizens' daily lives are normally administered 
     by smaller governments closer to the governed. The Framers 
     thus ensured that powers which `in the ordinary course of 
     affairs, concern the lives, liberties, and properties of the 
     people' were held by governments more local and more 
     accountable than a distant bureaucracy'';
       Whereas, the Supreme Court also highlighted a vital role of 
     states' authority in relation to the federal government, 
     stating, ``The independent power of the States also serves as 
     a check on the power of the Federal Government: `By denying 
     any one government complete jurisdiction over all the 
     concerns of public life, federalism protects the liberty of 
     the individual from arbitrary power . . .  In the typical 
     case we look to the States to defend their prerogatives by 
     adopting ``the simple expedient of not yielding'' to federal 
     blandishments when they do not want to embrace the federal 
     policies as their own;
       Whereas, the Supreme Court, concluding this line of logic, 
     declared, ``The States are separate and independent 
     sovereigns. Sometimes they have to act like it'';
       Whereas, in 1917, the Court, in Utah Power and Light v. 
     United States, held that ``The power of the United States to 
     protect its property by its own legislation from private 
     trespass and waste does not, and cannot, imply a general 
     police power over the vacant public lands within a State. The 
     section in the Constitution relating to the admission of new 
     States, and the concomitant disposition of the public lands, 
     excludes, by its express terms, any construction by which the 
     United States may claim any additional governmental or police 
     powers within the States in which such public land is 
     situated'';
       Whereas, Article 1, Section 8, Clause 17, of the United 
     States Constitution states that the federal government will 
     ``exercise exclusive Legislation in all Cases whatsoever, 
     over such District (not exceeding ten Miles square) as may, 
     by Cession of Particular States, and the Acceptance of 
     Congress, become the Seat of the Government of the United 
     States, and to exercise like Authority over all Places 
     purchased by the Consent of the Legislature of the State in 
     which the Same shall be, for the Erection of Forts, 
     Magazines, Arsenals, dock-Yards, and other needful 
     Buildings'';
       Whereas, the domain of exclusive jurisdiction by the 
     federal government is limited to the District of Columbia and 
     other Places purchased by the Consent of the State 
     Legislatures for the Erection of Forts, Magazines, Arsenals, 
     dock-Yards, and other needful Buildings incidental to the 
     powers expressly granted within the Constitution;
       Whereas, ``other needful Buildings'' did not include vast 
     acres of undeveloped land;
       Whereas, although Section 3 of the Utah Enabling Act 
     states, in part, ``That the people inhabiting said proposed 
     State do agree and declare that they forever disclaim all 
     right and title to the unappropriated public lands lying 
     within the boundaries thereof,'' the state of Utah did not 
     disclaim its jurisdiction;
       Whereas, during the Eisenhower Administration, the United 
     States government published a report entitled ``Report of the 
     Interdepartmental Committee for the Study of Jurisdiction 
     Over Federal Areas Within the States'' in which four basic 
     areas of federal jurisdiction were identified:
       1. Exclusive Legislative Jurisdiction: This term is applied 
     when the federal government possesses, by whichever method 
     acquired, all of the authority of the State, and in which the 
     State concerned has not reserved to itself the right to 
     exercise any of the authority concurrently with the United 
     States except to serve civil or criminal process in the area 
     for activities that occurred outside the area;
       2. Concurrent Legislative Jurisdiction: This term is 
     applied in those instances wherein by granting to the United 
     States authority--which would otherwise amount to exclusive 
     legislative jurisdiction over an area--the State concerned 
     has reserved to itself the right to exercise, concurrently 
     with the United States, all of the same authority;
       3. Partial Legislative Jurisdiction: This term is applied 
     in those instances wherein a state has granted authority to 
     the federal government to legislate over an area of the state 
     but the State has reserved to itself the right to exercise, 
     by itself or concurrently with the United States, other 
     authority constituting more than merely the right to serve 
     civil or criminal process in the area, or the right to tax 
     private property;
       4. Proprietorial Interest Only: This term is applied to 
     those instances wherein the federal government has acquired 
     some right or title to an area in a state, but has not 
     obtained any measure of the State's authority over the area. 
     In applying this definition, recognition should be given to 
     the fact that the United States, by virtue of its functions 
     and authority under various provisions of the Constitution, 
     has many powers and immunities not possessed by ordinary 
     landholders with respect to areas in which it acquires an 
     interest, and of the further fact that all its properties and 
     functions are held or performed in a governmental, rather 
     than proprietary, capacity;
       Whereas, the report also stated, ``It scarcely needs to be 
     said that unless there has been a transfer of jurisdiction 
     pursuant to clause 17 by a Federal acquisition of land with 
     State consent, or by cession from the State to the Federal 
     Government, or unless the Federal Government has reserved 
     jurisdiction upon admission of the State, the Federal 
     Government possesses no legislative jurisdiction over any 
     area within a State, such jurisdiction being for exercise by 
     the State, subject to non-interference by the State with 
     Federal functions. . . . The consent requirement of Article 
     I, Section 8, Clause 17, was intended by the framers of the 
     Constitution to preserve the State's jurisdictional integrity 
     against federal encroachment. The Federal Government cannot, 
     by unilateral action on its part, acquire legislative 
     jurisdiction over any area within the exterior boundaries of 
     a State'';
       Whereas, an Inventory Report On Jurisdictional Status of 
     Federal Areas Within the States, compiled by the United 
     States General Services Administration, categorizes all 
     United States Forest Service (USFS) and Bureau of Land 
     Management (BLM) land in the

[[Page 12507]]

     state of Utah as #4, Proprietorial Interest Only;
       Whereas, the USFS and the BLM have caused a public nuisance 
     and safety issue for the people of the state of Utah and 
     Utah's political subdivisions by not removing the condition, 
     persistently in the National Forest and BLM system lands, of 
     imminent fire and not mitigating the effects of recent fires;
       Whereas, Utah's 2012 Shingle Creek Fire was human caused on 
     USFS land;
       Whereas, the fire was one-third contained by the operation 
     of one bulldozer;
       Whereas, four bulldozers were ready for use by 6 p.m. on 
     the day of the fire, but since the fire was on USFS land, 
     only one bulldozer was allowed to operate until 10 p.m. and 
     was only allowed to operate one blade wide and to dig no 
     deeper than two inches;
       Whereas, as a result, the fire burned more than 8,000 
     acres, damaged and altered the local watershed, created 
     future risks of debris and mudslides, and will require costly 
     repairs;
       Whereas, Utah's 2012 Seeley Fire, which was started by 
     lightning, eventually destroyed over 48,000 acres, or 76 
     square miles;
       Whereas, debris flow and sediment from the Seeley Fire will 
     be a major issue in the surrounding watershed for the next 
     two to five years, impacting local municipalities, power 
     plants, local businesses, homes, roads, bridges, and farms;
       Whereas, in one instance, the USFS chose to bulldoze a 
     portion of private land, claiming it was the best place to 
     fight the wildfire;
       Whereas, these are just two examples of conditions at the 
     community level that have been made worse by the federal 
     government's mismanagement of federal lands;
       Whereas, the jurisdictional right of states and their 
     political subdivisions to mitigate potential risks to the 
     health, safety, or welfare of the state or a political 
     subdivision should not be fettered by the federal 
     bureaucracy; and
       Whereas, states should assert their rights to mitigate 
     potential risks to the health, safety, or welfare of the 
     state or a political subdivision and not allow their 
     authority to be eroded by federal government claims of 
     authority: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah declare 
     and assert its jurisdictional right, and the right of its 
     political subdivisions, to respond to and take action when 
     conditions on federally managed land in the state adversely 
     affect, or may adversely affect, the health, safety, or 
     welfare of the people without the intrusion and interference 
     of the federal government on its efforts to respond to the 
     needs of their citizens; and be it further.
       Resolved, That the Legislature urges the states to declare 
     and assert their jurisdictional rights, and the rights of 
     their political subdivisions, to respond to and take action 
     when conditions on federally managed land in the states 
     adversely affect, or may adversely affect, the health, 
     safety, or welfare of the people without the intrusion and 
     interference of the federal government on efforts to respond 
     to the needs of their citizens; and be it further
       Resolved, That a copy of this resolution be sent to the 
     President of the United States, the Majority Leader of the 
     United States Senate, the Speaker of the United States House 
     of Representatives, the United States Forest Service, the 
     commissions of each county in the state of Utah, the Council 
     of State Governments, the National Conference of State 
     Legislatures, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-76. A concurrent resolution adopted by the Legislature 
     of the State of Utah supporting the transfer of 
     administration of the Utah Navajo oil and gas royalties to 
     the Utah Dineh Corporation; to the Committee on Energy and 
     Natural Resources.

                   House Concurrent Resolution No. 11

       Whereas, in 1933, Congress enacted 47 Stat. 1418, which 
     expanded the boundaries of the Navajo Reservation north of 
     the San Juan River, in San Juan County, Utah, referred to as 
     the ``Aneth Extension,'' and directed that 37.5% of all 
     royalties from oil and gas extracted from certain portions of 
     the Aneth Extension ``shall be expended by the State of Utah 
     in the Tuition of Indian children in white schools and/or in 
     the building or maintenance of roads across the [Aneth 
     Extension], or for the benefit of the Indians residing 
     therein'';
       Whereas, in 1968, Congress enacted Public Law 90-306, 82 
     Stat. 121, which expanded the beneficiary class to include 
     all Navajo residing in San Juan County, Utah, (Utah Dineh), 
     and which redefined the purposes of the Utah Navajo Trust 
     Fund (UNTF) to include the beneficiaries' ``health, education 
     and general welfare'';
       Whereas, the 1933 act and the 1968 expansion of the 
     beneficiary (Federal Acts) class effectively created a common 
     law discretionary trust whereby the United States is the 
     settlor, Utah is the trustee, and all Utah Dineh residing in 
     San Juan County, Utah, are beneficiaries;
       Whereas, pursuant to the Federal Acts, Utah is directed to 
     administer the oil and gas royalties for the health, 
     education, and general welfare of the Navajo Indians residing 
     in San Juan County;
       Whereas, oil and gas were first extracted in paying 
     quantities from the Aneth Extension during or about the late 
     1950s;
       Whereas, in 2008, the Legislature of the state of Utah 
     enacted H.B. 352, Amendments Related to Monies Derived from 
     Navajo Nation Reservation Lands in Utah, which in part 
     declared, ``It is the purpose of this chapter to provide for 
     a transitional process until congressional action designates 
     a new recipient of the Utah Navajo royalties'';
       Whereas, H.C.R. 4, Concurrent Resolution Encouraging 
     Congressional Action to Designate a New Recipient of 
     Royalties from Navajo Reservation Lands in Utah, also passed 
     by the Utah Legislature in 2008, noted that ``the state first 
     received monies from the 37.5% of the oil and gas royalties 
     in 1959 and litigation related to those royalties began 
     almost immediately'' and that ``the litigious environment 
     surrounding the state's administration of the oil and gas 
     royalties harms the relationship between the state and the 
     San Juan Navajos and complicates all parties' ability to meet 
     the needs of the San Juan Navajos'';
       Whereas, H.B. 352 incrementally reduced expenditures under 
     the trust duties;
       Whereas, H.B. 352 resulted in the establishment of what 
     became known as the Navajo Royalty Holding Fund (NRHF) no 
     later than July 1, 2008, into which all oil and gas royalties 
     monetary assets and future royalty payments would be placed;
       Whereas, Utah law, established by H.B. 352, was amended in 
     2012 by S.B. 155, Transition for Repealed Navajo Trust Fund 
     Act, to allow expenditures from the NRHF for the education of 
     certain beneficiaries up to January 1, 2014;
       Whereas, on June 30, 2010, net assets then being held by 
     the state of Utah in the NRHF totaled $51,352,590;
       Whereas, this includes a $33,000,000 court settlement, the 
     final installment of which is to be paid by the state of Utah 
     in 2013;
       Whereas, litigation is now pending in United States 
     District Court seeking to force the state of Utah to resume 
     active administration of the oil and gas royalties for the 
     health, education, and general welfare of the beneficiaries;
       Whereas, the health, education, and general welfare of the 
     beneficiaries would be improved by continuing projects 
     previously funded, wholly or partially, with oil and gas 
     royalties funds, including housing, water development, range 
     improvement, delivery of education, healthcare, and other 
     social services;
       Whereas, beneficiaries seeking secondary education are 
     currently unsure whether college financial aid will continue 
     to be available through the NRHF;
       Whereas, in certain carefully selected instances, and in 
     partnership with other governmental and private financial 
     institutions, the beneficiaries would benefit from the 
     expenditure of oil and gas royalty money for economic 
     development in San Juan County;
       Whereas, the oil and gas royalties should be actively 
     administered in these areas of need for the health, 
     education, and general welfare of the beneficiaries;
       Whereas, the Federal Acts provide no mechanism for the 
     state of Utah to resign as trustee of the oil and gas 
     royalties;
       Whereas, legislation to amend the Federal Acts to name a 
     successor trustee was introduced in the 111th and 112th 
     Congress, but did not become law;
       Whereas, no legislation to amend the Federal Acts to name a 
     successor trustee has been introduced in the 113th Congress;
       Whereas, the Legislature of the state of Utah and the 
     Governor stated in H.C.R. 4 that the ``removal of the state 
     as a go-between provides an opportunity for Navajos'';
       Whereas, the Utah Dineh Corporation (UDC) is a nonprofit 
     organization formed under the Utah Revised Nonprofit 
     Corporation Act;
       Whereas, the UDC is organized exclusively for charitable, 
     religious, educational, and scientific purposes, including 
     the making of distributions to organizations that qualify as 
     exempt organizations under IRC Section 501(c) of the Internal 
     Revenue Code;
       Whereas, UDC's proposed amended bylaws ensure transparency 
     and accountability at every level of corporate administration 
     and prohibits real and apparent conflicts of interest, 
     including nepotism, at every level of corporate 
     administration;
       Whereas, the UDC's proposed amended bylaws position the 
     Utah Dineh to play important roles in oil and gas royalties 
     administration and oversight, require that the overall value 
     of the oil and gas royalties' assets, currently estimated at 
     approximately $55,000,000, be maintained and, if consistent 
     with applicable law and oil and gas royalties' purposes, 
     grown;
       Whereas, the UDC's proposed amended bylaws require that any 
     oil and gas royalties' assets made available for economic 
     development be limited in amount, comprise only a minor 
     portion of any single funding package, be partnered with 
     loans from other chartered financial institutions, be offered 
     only as loans at current market rates for any amount over 
     $300, and occur only after it is expressly determined that 
     the expenditure will actually promote the beneficiaries' 
     health, education, or general welfare;
       Whereas, the UDC's proposed amended bylaws provide that if 
     all oil and gas royalties administrative and fiduciary 
     obligations are transferred to the Utah Dineh Corporation, a 
     Request For Proposals addressed to large,

[[Page 12508]]

     chartered financial institutions will be issued immediately, 
     and every three years thereafter, for performing fund 
     management, investing, and auditing services;
       Whereas, the members of each Utah chapter of the Navajo 
     Nation have previously resolved to support the UDC's effort 
     to become the trustee of the oil and gas royalties;
       Whereas, this support will again be ensured by means deemed 
     reasonable and reliable prior to any transfer of oil and gas 
     royalties administration to the UDC;
       Whereas, the San Juan County Board of Commissioners 
     unanimously supports transfer of administrative and fiduciary 
     obligations for the oil and gas royalties to the UDC;
       Whereas, the UDC Board of Directors will include 
     representatives elected from each Utah chapter of the Navajo 
     Nation and from one chapter organized to represent Utah Dineh 
     that currently do not reside within Navajo Reservation 
     boundaries;
       Whereas, the UDC intends to administer the oil and gas 
     royalties pursuant to all applicable laws and regulations, 
     including the common law of Indian trusts that imposes strict 
     and exacting fiduciary obligations upon any trustee 
     administering the property of Native Americans; and
       Whereas, any transfer of oil and gas royalties 
     administrative and fiduciary obligations to the UDC must 
     ensure that the state of Utah is indemnified and held 
     harmless for any liability, damages, or litigation costs 
     resulting from oil and gas royalties administration: Now, 
     therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, expresses its support for the 
     transfer of all oil and gas royalties administrative and 
     fiduciary obligations to the Utah Dineh Corporation 
     conditioned on removal of the state as trustee, by an act of 
     Congress or a federal court order that can then be used to 
     encourage congressional action and that indemnifies and holds 
     harmless the state of Utah from any and all legal and 
     equitable claims; and be it further
       Resolved, That the Legislature and the Governor declare 
     that any transfer of the oil and gas royalties administrative 
     and fiduciary obligations to the Utah Dineh Corporation by 
     Congressional act or federal court order must also indemnify 
     and hold harmless the state of Utah from any and all legal 
     and equitable claims arising from future oil and gas 
     royalties administration by the Utah Dineh Corporation and 
     for litigation costs related to any claims; and be it further
       Resolved, That the Legislature and the Governor declare 
     that any transfer of oil and gas royalties administrative and 
     fiduciary obligations to the Utah Dineh Corporation should 
     require that the value of fixed and monetary oil and gas 
     royalties assets remain at least at current levels so that 
     funds will be available to promote future generations of oil 
     and gas royalties beneficiaries' health, education, and 
     general welfare and that the Utah Dineh Corporation should 
     operate under bylaws that have the protections described in 
     this resolution; and be it further
       Resolved, That the Legislature and the Governor declare 
     that, if the foregoing objectives are ensured, the 
     Legislature and the Governor support action by Congress or 
     federal court order to transfer the oil and gas royalties 
     administrative' and fiduciary obligations to the Utah Dineh 
     Corporation; and be it further
       Resolved, That a copy of this resolution be sent to the 
     Navajo Utah Commission, the President of the Navajo Nation, 
     the Speaker of the Navajo Nation Council, the elected 
     secretary of each Utah Dineh chapter, the San Juan County 
     Board of Commissioners, the current administrator of the 
     Navajo Royalty Holding Fund, the secretary of the United 
     States Department of the Interior, the United States Attorney 
     General, and the members of Utah's congressional delegation.
                                  ____

       POM-77. A concurrent resolution adopted by the Legislature 
     of the State of Utah expressing appreciation for the 
     completion of the Provo Reservoir Canal Enclosure Project; to 
     the Committee on Energy and Natural Resources.

                   Senate Concurrent Resolution No. 8

       Whereas, the Provo Reservoir Canal Enclosure Project is 
     substantially complete;
       Whereas, the benefits of the Enclosure Project are vital 
     and significant, including realizing environmental benefits 
     by saving 8,000 acre-feet of water annually, improving the 
     safety of thousands of people who live near the canal, and 
     providing a significant public recreational benefit;
       Whereas, due to the great work of the Utah Congressional 
     Delegation, Congress passed the Provo River Project Transfer 
     Act (P.L. 108-382) in October 2004 that authorized the 
     transfer of title of the Provo Reservoir Canal to the local 
     sponsor, the Provo River Water Users Association;
       Whereas, much work has gone into planning the title 
     transfer of the Provo Reservoir Canal and corridor to the 
     local sponsor;
       Whereas, one of the main purposes of seeking title transfer 
     from the United States to the Provo River Water Users 
     Association was to take advantage of the managerial benefits 
     of private sector ownership and control; and
       Whereas, enormous time and consideration have gone into the 
     completion of the Enclosure Project in preparation for title 
     transfer by the local sponsor, the other participating 
     entities, including Central Utah Water Conservancy District, 
     Metropolitan Water District of Salt Lake and Sandy, and 
     Jordan Valley Water Conservancy District, as well as all the 
     local communities, the Utah State Legislature, the Governor, 
     and the many residents in the affected area: Now, therefore, 
     be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, recognizes that substantial 
     completion of the Provo Reservoir Canal Enclosure Project is 
     a tremendous accomplishment and expresses support for 
     transfer of title to the Provo Reservoir Canal from the 
     United States to the Provo River Water Users Association, as 
     authorized by the Provo River Project Transfer Act (P.L. 108-
     382); and be it further
       Resolved, That the Legislature and the Governor urge the 
     United States Bureau of Reclamation to work with the parties 
     to expeditiously complete the transfer of title; and be it 
     further
       Resolved That copies of this resolution be sent to Utah's 
     Congressional Delegation, the Provo River Water Users 
     Association, Central Utah Water Conservancy District, 
     Metropolitan Water District of Salt Lake and Sandy, Jordan 
     Valley Water Conservancy District, the United States Bureau 
     of Reclamation, and the Governor.
                                  ____

       POM-78. A concurrent resolution adopted by the Legislature 
     of the State of West Virginia urging the United States 
     Congress to update the Renewable Fuel Standard to allow a 
     broader range of domestic fuel sources, such as natural gas 
     and coal, to be used to make liquid ethanol; to the Committee 
     on Environment and Public Works.

                  Senate Concurrent Resolution No. 76

       Whereas, The United States needs a balanced and sensible 
     domestic energy policy; and
       Whereas, Reducing dependence on foreign oil is not only a 
     matter of national security, but a significant opportunity to 
     enhance economic prosperity and job growth in West Virginia; 
     and
       Whereas, Today there are multiple routes to ethanol, 
     including traditional fossil fuels such as natural gas and 
     coal, which are plentiful in West Virginia and several other 
     states in the country; and
       Whereas, West Virginia is committed to being a leader in 
     development of a sustainable national energy policy: Now, 
     therefore, be it
       Resolved by the Legislature of West Virginia:
       That the Legislature hereby Urges Congress to update the 
     Renewable Fuel Standard to allow a broader range of domestic 
     fuel sources, such as natural gas and coal, to be used to 
     make liquid ethanol; and be it further
       Resolved, That the Legislature of West Virginia urges 
     Congress to pass legislation that promotes growth of domestic 
     alternative fuel sources and reduces dependence on foreign 
     oil; and be it further
       Resolved, That the Clerk of the Senate is hereby directed 
     to forward a copy of this resolution to members of the United 
     States Senate representing West Virginia; to members of the 
     West Virginia Congressional delegation; to the President of 
     the United States Senate; and to the Speaker of the United 
     States House of Representatives.
                                  ____

       POM-79. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the President of the United 
     States and the United States Congress to protect the Clean 
     Air Act and fund the infrastructure that ensures healthy air 
     for Maine families and businesses; to the Committee on 
     Environment and Public Works.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twenty-sixth Legislature of the State of Maine now assembled 
     in the First Regular Session, most respectfully present and 
     petition the President of the United States and the United 
     States Congress as follows:
       Whereas, Maine families and businesses need healthy air to 
     grow and succeed because when people are healthy, children do 
     better in school, workers are more productive and businesses 
     can add jobs because their health care costs are lower; and
       Whereas, air pollution does not respect state borders, and 
     Maine's geographic location puts us on the receiving end of 
     life-threatening air pollution produced in states to the 
     south and west of us; and
       Whereas, air pollution can lead to asthma attacks, heart 
     attacks, strokes, diabetes, cancer, reproductive and 
     developmental harm and even premature death; and
       Whereas, dangerous air pollution levels can increase 
     hospital admissions and emergency room visits as well as 
     missed days of school and work; and
       Whereas, unhealthy air can be particularly dangerous for 
     children, the elderly and people with chronic diseases, 
     including the more than 22,700 children and 92,700 adults 
     with asthma and other lung diseases, who may require 
     expensive medical care on unhealthy air days in the State; 
     and
       Whereas, air pollution can cause serious health effects at 
     levels once deemed safe and almost half of the people in 
     Maine live in counties with fair to poor air quality; and

[[Page 12509]]

       Whereas, for more than 4 decades the federal Clean Air Act 
     has protected public health by reducing levels of smog, soot 
     and other air toxins; and
       Whereas, the Clean Air Act is a Maine tradition, having 
     been established and subsequently updated and improved under 
     the leadership of Senator Edmund S. Muskie, Senator George J. 
     Mitchell and Senator William S. Cohen; and
       Whereas, nationally the Clean Air Act has prevented an 
     estimated 160,000 premature deaths, more than 130,000 heart 
     attacks and over 1.7 million asthma attacks in 2010 alone; 
     and
       Whereas, reducing air pollution through the Clean Air Act 
     will provide the United States with $2 trillion in benefits 
     and prevent 230,000 deaths in 2020; and
       Whereas, it is not necessary to choose between improving 
     public health and helping our economy innovate and grow, as 
     evidenced by data showing that between 1970 and 2009 total 
     emissions of the 6 principal air pollutants fell by 63 
     percent, while private sector jobs and our nation's gross 
     domestic product increased by 86 percent and 210 percent, 
     respectively; and
       Whereas, the United States Environmental Protection Agency 
     has concluded that the Clean Air Act has produced economic 
     benefits valued at 30 times the cost of regulation; and
       Whereas, the Clean Air Act is continually threatened by 
     attempts to weaken, block, delay or underfund its important 
     public health safeguards: Now, therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States and the 
     United States Congress support the Clean Air Act and fund its 
     enforcement and fund the infrastructure that reduces the 
     dangerous air pollution that crosses into Maine and that 
     ensures the it is safe to breathe for Maine children and 
     adults; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States, the President of the United States Senate and the 
     Speaker of the United States House of Representatives and to 
     each Member of the Maine Congressional Delegation.
                                  ____

       POM-80. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the President of the United 
     States and the United States Congress to not require the use 
     of E15 gasoline; to the Committee on Environment and Public 
     Works.

                            Joint Resolution

       We, your Memorialists, the Members of the One Hundred and 
     Twenty-sixth Legislature of the State of Maine now assembled 
     in the First Regular Session, most respectfully present and 
     petition the President of the United States and the United 
     States Congress, as follows:
       Whereas, federal laws and regulations, including the Clean 
     Air Act, the Energy Policy Act of 2005 and the national 
     renewable fuel standard program, have contributed to changes 
     in fuel standards, such as the removal of methyl tertiary 
     butyl ether, or MTBE, as an oxygenate in fuel, leading to the 
     use of ethanol as a replacement for MTBE; and
       Whereas, only reformulated gasoline is now available for 
     purchase at public fuel pumps and typically contains a 10 
     percent corn ethanol blend, known as El0, and in June 2012 
     the United States Environmental Protection Agency approved 
     the sale of El5, a mixture of 15 percent ethanol and 85 
     percent gasoline; and
       Whereas, using the fuel blend has been promoted as a method 
     of reducing greenhouse gas emissions and our Nation's 
     dependence on foreign oil but these claims are disputed by 
     several automakers and others, such as AAA, which also claims 
     EIS will damage fuel lines and void vehicle warranties; and
       Whereas, in addition, AAA claims that automotive 
     engineering experts believe that sustained use of EIS, both 
     in newer and older vehicles, could cause accelerated engine 
     wear and failure, fuel system damage and false ``check 
     engine'' lights for vehicles not approved by manufacturers to 
     use EIS; and
       Whereas, EIS also has 5 percent less energy than gasoline 
     and about 2 percent less than El0 and therefore could 
     ultimately cost consumers more as a result of reduced fuel 
     economy; and
       Whereas, the production of corn ethanol is wasteful of 
     fossil fuel resources and does not increase energy security 
     and with this production, which uses 10 percent of all arable 
     land in the United States, we see increased degradation of 
     vital land and water resources; and
       Whereas, corn ethanol's impact on food prices is huge and 
     corn is now trading at an all-time high and this affects food 
     manufacturing and other industries such as animal feed 
     businesses; and
       Whereas, the burning of corn ethanol increases the 
     emissions of gases and hazardous air pollutants that are 
     probable carcinogens and are the causes of numerous health 
     issues such as asthma, chronic bronchitis and other 
     respiratory problems; Now, therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States and members 
     of the United States Congress realize the major problems of 
     corn ethanol as a fuel additive and the numerous negative 
     effects it has on not only Maine citizens but all Americans 
     and we urge and request that the President of the United 
     States and the United States Congress consider reversing the 
     decision of the United States Environmental Protection Agency 
     to move forward with the use of E15; and be it further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States, to the Inspector General of the United States 
     Department of Energy, to the United States Environmental 
     Protection Agency, to the President of the United States 
     Senate, to the Speaker of the United States House of 
     Representatives and to each Member of the Maine Congressional 
     Delegation.
                                  ____

       POM-81. A concurrent resolution adopted by the Legislature 
     of the State of Michigan urging the United States Department 
     of Energy and the Nuclear Regulatory Commission to fulfill 
     their obligation to establish a permanent repository for 
     high-level nuclear waste; to the Committee on Environment and 
     Public Works.

                   Senate Concurrent Resolution No. 5

       Whereas, Over the past four decades, nuclear power has been 
     a significant source for the nation's production of 
     electricity. According to the U.S. Nuclear Energy Institute, 
     nuclear power provided 19.2 percent of the electricity 
     produced in the United States in 2011. The Michigan Public 
     Service Commission estimates that 22 percent of the 
     electricity generated for use in Michigan is from nuclear 
     energy; and
       Whereas, Since the earliest days of nuclear power, the 
     great dilemma associated with this technology is how to deal 
     with used nuclear fuel. This high-level radioactive waste 
     demands exceptional care in all facets of its storage and 
     disposal, including its transportation; and
       Whereas, In 1982, Congress passed the Nuclear Waste Policy 
     Act of 1982. This legislation requires the federal 
     government, through the Department of Energy, to build a 
     repository for the permanent storage of high-level 
     radioactive waste from nuclear power plants. This act, which 
     was amended in 1987, includes a specific timetable to 
     identify a suitable location and to establish the waste 
     repository. The costs for this undertaking are paid from a 
     fee that is assessed on all nuclear energy produced; and
       Whereas, In accordance with the federal act, customers of 
     Michigan electric utilities have paid $763 million through 
     September 30, 2010, into the federal Nuclear Waste Fund for 
     construction of the federal nuclear waste repository. Every 
     year, the total Nuclear Waste Fund balance grows by 
     approximately $750 million in direct ratepayer payments; and
       Whereas, There are serious concerns that the federal 
     government is not complying with the timetables set forth in 
     federal law. Every delay places our country at greater risk 
     for a catastrophe to occur. The large number of temporary 
     storage sites at nuclear facilities across the country make 
     us vulnerable to potential problems. The events since 
     September 11, 2001, clearly illustrate the urgency of the 
     need to establish a safe and permanent high-level nuclear 
     waste repository as soon as possible. The Department of 
     Energy, along with the Nuclear Regulatory Commission, must 
     work diligently to meet its obligation as provided by law. 
     There is too much at stake; Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That we urge the United States Department of 
     Energy and the Nuclear Regulatory Commission to fulfill their 
     obligation to establish a permanent repository for high-level 
     nuclear waste; and be it further
       Resolved, That copies of this resolution be transmitted to 
     the United States Department of Energy, the Nuclear 
     Regulatory Commission, the President of the United States 
     Senate, the Speaker of the United States House of 
     Representatives, and the members of the Michigan 
     congressional delegation.
                                  ____

       POM-82. A resolution adopted by the Senate of the State of 
     Michigan memorializing the Congress of the United States to 
     enact legislation to ensure that amounts credited to the 
     Harbor Maintenance Trust Fund are used solely for the 
     dredging, infrastructure, operation, and maintenance of 
     federally-authorized ports, harbors, and waterways; to the 
     Committee on Environment and Public Works.

                        Senate Resolution No. 20

       Whereas, Domestic shippers and importers using Great Lakes 
     and coastal ports pay more than a billion dollars per year in 
     federal harbor maintenance taxes. Congress established the 
     tax to fund harbor operation and maintenance, particularly 
     dredging, at these ports; and
       Whereas, Despite a nearly $6.4 billion balance in the 
     Harbor Maintenance Trust Fund, our nation's dredging needs 
     are not being met. Throughout our nation and particularly in 
     the Great Lakes region, the lack of dredging has forced 
     shippers to operate inefficiently and carry lighter loads, 
     costing them millions of dollars each year; and

[[Page 12510]]

       Whereas, The Obama Administration has only budgeted about 
     half of the revenue collected through the harbor maintenance 
     tax for maintaining our nation's harbors. Last year, nearly 
     $1.6 billion were collected from shippers, but only $860 
     million has been allocated for dredging harbors in Michigan 
     and other coastal states; and
       Whereas, During the current turbulent economic conditions, 
     we must make every effort to support economic activity by 
     maintaining the infrastructure necessary for commerce. In 
     essentially using harbor maintenance taxes placed in the 
     Harbor Maintenance Trust Fund to finance and balance other 
     portions of the federal budget, we are breaking our promise 
     to the shippers paying the tax and hurting our nation's 
     economic recovery; and
       Whereas, Current congressional legislation (H.R. 335 and S. 
     218) would ensure that harbor maintenance taxes are only used 
     for their intended purpose to maintain our nation's harbors: 
     Now, therefore, be it
       Resolved by the Senate, That we memorialize the Congress of 
     the United States to enact legislation to ensure that amounts 
     credited to the Harbor Maintenance Trust Fund are used solely 
     for the dredging, infrastructure, operation, and maintenance 
     of federally-authorized ports, harbors, and waterways; and be 
     it further
       Resolved, That copies of this resolution be transmitted to 
     the President of the United States Senate, the Speaker of the 
     United States House of Representatives, and the members of 
     the Michigan congressional delegation.
                                  ____

       POM-83. A concurrent resolution adopted by the Legislature 
     of the State of Utah urging the United States Fish and 
     Wildlife Service to exempt or exclude private properties in 
     San Juan County from designation as critical habitat in the 
     proposed listing of the Gunnison sagegrouse under the 
     Endangered Species Act; to the Committee on Environment and 
     Public Works.

                   House Concurrent Resolution No. 7

       Whereas, the United States Fish and Wildlife Service 
     (USFWS) has announced a proposal to add the Gunnison 
     sagegrouse in the Gunnison Basin of southwest Colorado and 
     southeastern Utah, specifically Grand and San Juan Counties 
     in Utah, to the list of species that are candidates for 
     Endangered Species Act Protection;
       Whereas, following the USFWS's proposal to list the 
     Gunnison sagegrouse as endangered under the Endangered 
     Species Act, the agency will designate critical habitat for 
     the species, which contains the physical and biological 
     features essential to the conservation and recovery of the 
     species;
       Whereas, the USFWS has proposed that 1,704,227 acres be 
     designated as critical habitat in Utah and Colorado;
       Whereas, in the Monticello area of San Juan County, the 
     USFWS is proposing that 145,500 acres be designated as 
     critical habitat;
       Whereas, of these proposed acres, 95% are private, 4% are 
     Bureau of Land Management lands, and 1% are state lands;
       Whereas, San Juan County has approximately 5.2 million 
     acres, making it the largest county in the state of Utah;
       Whereas, the federal government owns, controls, or manages 
     approximately 84% of the land base within San Juan County, 
     with 2.1 million acres or 41% of that land base being managed 
     by the Bureau of Land Management;
       Whereas, the Navajo Reservation makes up approximately 1.2 
     million acres, or 23% of the county, while the National Park 
     Service controls 587 acres, or 11% of the county, and the 
     United States Forest Service manages 450,000 acres, or 9%, of 
     San Juan County;
       Whereas, the state of Utah has control over 406,000 acres, 
     or 8%, and the Division of State Parks manages approximately 
     3,000 acres, or less than 1%, of the county;
       Whereas, private ownership makes up a fraction of the 5.2 
     million acres cited above for a total of 406,000, or just 
     under 8%, of county land ownership;
       Whereas, according to the 2007 Census of Agriculture, San 
     Juan County has 758 farms and ranches covering 1,546,914 
     acres, including private, state, and federal lands, for an 
     average farm and ranch size of 2,041 acres;
       Whereas, according to the same census, San Juan County 
     farmers and ranchers raised and sold $10,299,000 in crop and 
     livestock commodities;
       Whereas, the proposed area of critical habitat designation 
     has a high potential for oil and gas development, and private 
     landowners have leased their mineral rights for millions of 
     dollars;
       Whereas, the result of the proposed listing of the Gunnison 
     sagegrouse and the accompanying designation of critical 
     habitat will negatively impact approximately 35% of the 
     private property base in the Monticello area of San Juan 
     County, potentially jeopardizing these landowners' ability to 
     generate millions of dollars in products and jobs critical to 
     the survival of the residents of rural San Juan County;
       Whereas, under Section 4 of the Endangered Species Act, the 
     secretary of the United States Department of the Interior may 
     exclude habitat from designation based on economic impact;
       Whereas, under the Regulatory Flexibility Act, the USFWS 
     must prepare a regulator flexibility analysis describing the 
     effects of the proposed rule on small entities, including 
     small businesses, such as farm and ranch operations, and 
     small government jurisdictions; and
       Whereas, Executive Order 12630, titled Governmental actions 
     and interference with constitutionally protected private 
     property rights, states that the USFWS must analyze the 
     potential implications of designating critical habitat in a 
     takings assessment: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah, the 
     Governor concurring therein, strongly urges the United States 
     Fish and Wildlife Service to recognize and protect private 
     landowner rights and their ability to make viable economic 
     use of their land by exempting or excluding private 
     properties in San Juan County from designation as critical 
     habitat in the proposed listing of the Gunnison sagegrouse 
     under the Endangered Species Act; and be it further
       Resolved, That a copy of this resolution be sent to the San 
     Juan County Commission, the Grand County Commission, the 
     United States Fish and Wildlife Service, the San Juan County 
     Chamber of Commerce, the Grand County Chamber of Commerce, 
     the secretary of the United States Department of the 
     Interior, the Bureau of Land Management, and the members of 
     Utah's congressional delegation.
                                  ____

       POM-84. A joint resolution adopted by the Legislature of 
     the State of Utah declaring that claims of the United States 
     Forest Service on state waters originating on public lands 
     undermine state sovereignty; to the Committee on Environment 
     and Public Works.

                     House Joint Resolution No. 14

       Whereas, water is essential to life, health, safety, and 
     welfare, especially in Utah and throughout the West;
       Whereas, in its Patient Protection and Affordable Care Act 
     decision released June 28, 2012, the United States Supreme 
     Court reaffirmed that jurisdiction over matters that 
     ``concern the lives, liberties, and properties of the 
     people'' are ``possessed by the States but not the Federal 
     Government'';
       Whereas, in the exercise of its jurisdiction over water 
     resources within the state, the state of Utah has long 
     established the recognition of water rights to ``first in 
     time'' users of the water who can demonstrate the ability to 
     put the water to ``beneficial use'';
       Whereas, in short, ``beneficial use'' means water use that 
     includes domestic use, irrigation, stock watering, 
     manufacturing, mining, hydropower, municipal use, 
     aquaculture, recreation, and fish and wildlife, among others;
       Whereas, in disregard for and disrespect of the long-
     established state jurisdiction over water resources, the 
     federal government, principally by and through the United 
     States Forest Service (USFS), has engaged in a persistent 
     pattern and course of conduct to exert control and influence 
     over water resources within the state and throughout the 
     West;
       Whereas, various federal agencies are acting to negatively 
     impact the water resources of Utah and other western states 
     by unilaterally and substantially reducing the number of 
     grazing permits and severely restricting timber harvesting;
       Whereas, these federal policies, which overly restrict 
     timber harvesting and grazing, build up dangerous wildfire 
     fuel loads and result in inordinate water absorption for 
     unhealthy vegetation densities;
       Whereas, these federal agencies are also threatening to not 
     renew often long-held grazing permits unless the permittee 
     signs a water right change application over to the federal 
     agency, closing roads and access to water resources, 
     diminishing water recreation opportunities, and imposing 
     onerous permit requirements;
       Whereas, some specific examples of the disregard for and 
     disrespect of state jurisdiction over water resources by 
     federal agencies include:
       1. In the spring of 2012, agents of the USFS coerced Tooele 
     County livestock producers to sign change applications on 
     private livestock water rights under compulsion of 
     prohibiting the livestock producers from turning out their 
     cattle onto their Forest Service allotment if the producers 
     did not comply with the federal agency demand.
       2. Near Scipio, the USFS based its diligence claim filings 
     on use by nineteenth century settlers and then used the 
     filings, and the threat of protracted litigation, to 
     dispossess direct descendants of the settlers from their 
     legitimate water rights.
       3. For many years, the United States Forest Service and the 
     Bureau of Land Management actively sought to reduce or 
     eliminate the livestock and watering rights of a Nevada 
     rancher. This action resulted in protracted litigation before 
     United States District Court Judge Robert C. Jones, which 
     concluded in the 2012 criminal convictions of two public 
     servants employed by the USFS and the Bureau of Land 
     Management. Both public servants were found guilty of 
     contempt of court and witness intimidation charges. At trial, 
     the regional forester in charge of Utah was found to have 
     lied to the court when asked about the agency's

[[Page 12511]]

     antigrazing plan, which sought to eliminate cattle grazing on 
     public lands.
       4. From 2011 to the present, federal agents have barred 
     city of Tombstone officials from accessing their water 
     resources established in the Huachuca Mountains as early as 
     1881, which were washed out by monsoon rains on the heels of 
     devastating wildfires exacerbated by unmitigated fuel loads. 
     Local officials were at first denied access to repair their 
     water lines, but were then allowed by USFS agents to only use 
     ``horses and hand tools'' to ascend the mountain on foot in 
     an obviously futile attempt to restore their water services. 
     In attempting to ascend the road they had used for decades to 
     repair their water resources with modern machinery, Tombstone 
     officials were met by armed Forest Service agents and turned 
     back at the threat of arrest and confiscation of expensive, 
     rented heavy machinery. The city of Tombstone is now engaged 
     in protracted litigation with the federal government over its 
     water resources and has been reduced to using arsenic-laced 
     wells that lack the pressure and capacity to withstand any 
     serious fire danger to the wooden town in the middle of a 
     desert in the middle of a drought.
       5. The United States Forest Service filed suit in Idaho 
     against the Joyce Livestock Company, arguing the livestock 
     water rights were the property of the United States, based on 
     federal ownership and control of the public lands coupled 
     with the Bureau of Land Management's oversight of the public 
     lands under the Taylor Grazing Act. Through protracted 
     litigation, the Joyce Livestock Company proved its water 
     rights to have been in place since 1898. The district court 
     found no evidence that the United States had appropriated any 
     water by grazing livestock. Upon appeal, in Joyce Livestock 
     Company vs. United States, the Idaho Supreme Court 
     unanimously held that the United States did not actually 
     apply the water to beneficial use under the constitutional 
     method of appropriation and, therefore, had no water right.
       6. USFS efforts to exert control over the water rights of 
     Colorado's ski industry were recently delayed on procedural 
     grounds in a lawsuit brought by the ski industry. The USFS, 
     through a new policy clause in the land use permitting 
     process, seeks to require ski industry interests to provide 
     joint ownership of state water rights, relinquish water 
     rights held jointly with the federal government if the use 
     permit is terminated, and grant ``limited'' power of attorney 
     to the United States to execute documents pertaining to 
     jointly held water rights with the promise that the ski 
     industry will waive any claim against the United States for 
     compensation of water rights lost as a result of the new 
     permit language.
       Whereas, John Dickinson, one of the Founding Fathers of 
     this nation, warned, ``It will be their own faults, if the 
     several states suffer the federal sovereignty to interfere in 
     the things of their respective jurisdictions'';
       Whereas, the United States Supreme Court also highlighted a 
     vital role of states' authority in relation to protecting the 
     liberty and property of their citizens by curbing federal 
     government overreach, stating, ``The Independent power of the 
     States also serves as a check on the power of the Federal 
     Government: `By denying any one government complete 
     jurisdiction over all the concerns of public life, federalism 
     protects the liberty of the individual from arbitrary 
     power''';
       Whereas, in its recent Patient Protection and Affordable 
     Care Act decision, the United States Supreme Court further 
     admonished states of their jurisdiction to protect matters of 
     health, safety, and welfare, such as the critical life-
     sustaining issue of water in the West, stating, ``Our cases 
     refer to this general power of governing, possessed by the 
     States but not by the Federal Government, as the `police 
     power.' . . . Because the police power is controlled by 50 
     different states instead of one national sovereign, the 
     facets of governing that touch on citizens' daily lives are 
     normally administered by smaller governments closer to the 
     governed. The Framers thus ensured that powers which `in the 
     ordinary course of affairs, concern the lives, liberties, and 
     properties of the people' were held by governments more local 
     and more accountable than a distant federal bureaucracy'';
       Whereas, after recounting these fundamental principles and 
     the states' inherent powers as ``separate and independent 
     sovereigns,'' the United States Supreme Court admonished, 
     ``In the typical case we look to the States to defend their 
     prerogatives by adopting `the simple expedient of not 
     yielding' to federal blandishments when they do not want to 
     embrace the federal policies as their own. The States are 
     separate and independent sovereigns. Sometimes they have to 
     act like it'';
       Whereas, the USFS Intermountain Region Guidance Document 
     states that the federal government will not invest in 
     livestock water improvements, ``nor,'' according to the 
     Intermountain Region Director, ``will the agency authorize 
     water improvements to be constructed or reconstructed with 
     private funds where the right is held solely by the livestock 
     owner'';
       Whereas, when the USFS allows improvements, including 
     developing, redeveloping, and maintaining a livestock 
     permittee's water rights, all improvements are claimed as the 
     property of the United States, even when the investments are 
     made by individual livestock permittees to allow the 
     permittees to put their livestock watering rights to 
     beneficial use as prescribed under state law;
       Whereas, the USFS has used pressure tactics to gain control 
     of livestock water rights by seeking change applications from 
     the permittees or joint ownership in water with the federal 
     agency;
       Whereas, the USFS has threatened to not allow livestock 
     permittees onto its Forest Service grazing allotments until 
     permittees comply with the request;
       Whereas, pre-existing water rights for livestock permittees 
     on federal lands are protected in both the 1934 Taylor 
     Grazing Act and the 1976 Federal Land Policy and Management 
     Act;
       Whereas, these actions by federal agencies infringe on 
     recognized state jurisdiction and sovereignty, state law, and 
     water rights established through historic livestock watering 
     on public lands, and Utah's beneficial use doctrine;
       Whereas, it is the apparent intention of the federal 
     government to further expand its water holdings in the West, 
     including Utah, through the USFS as provided in 16 U.S.C. 
     Sec. 526, which states, ``There are authorized to be 
     appropriated for expenditure by the Forest Service such sums 
     as may be necessary for the investigation and establishment 
     of water rights, including the purchase thereof or of lands 
     or interests in lands or rights-of-way for use and protection 
     of water rights necessary or beneficial in connection with 
     the administration and public use of the national forests'';
       Whereas, the United States, by and through its various 
     agencies and departments, appears intent upon undermining, or 
     at the very least disregarding, state sovereignty and 
     jurisdiction over water rights and resources, as outlined in 
     the USFS Intermountain Region Guidance Document, which 
     states, ``until the court issues a decree accepting these 
     claims, it is not known whether these claims will be 
     recognized as water rights'';
       Whereas, in seeking to expand the federal government's 
     interest in the Utah water rights portfolio and exert greater 
     control over the natural resources of the state, the USFS has 
     filed more than 16,000 water rights claims of ownership on 
     livestock watering rights located across the state;
       Whereas, water rights claimed by the United States, based 
     on its control of public lands, coupled with the Bureau of 
     Land Management's comprehensive management of public lands 
     under the Taylor Grazing Act, do not constitute the 
     application of the water right to beneficial use under Utah's 
     constitutional method of water appropriation and beneficial 
     use;
       Whereas, these waters are the property of the citizens of 
     the state of Utah under its constitution, and the control 
     falls under the stewardship and jurisdiction of the Utah 
     State Legislature;
       Whereas, it is recognized and understood that the United 
     States cannot obtain sovereign water rights, nor can it 
     obtain historic livestock water rights established on public 
     lands, through federal laws;
       Whereas, the consequence of allowing the federal government 
     to exceed its authority over water rights is clearly 
     illustrated by the great difficulty in getting the federal 
     government to acknowledge its encroachment and relinquish its 
     hold on that which the states should have by right;
       Whereas, it is the sovereign right of the state of Utah, 
     the second most arid state in the nation, to exercise its 
     obligation to protect the scarce water resources within its 
     borders for the health, safety, and welfare of its citizens; 
     and
       Whereas, to do otherwise would be an abrogation of the 
     Legislature's constitutional responsibility and obligation on 
     behalf of the citizens of Utah, would weaken state authority, 
     and would relinquish to the federal government more control 
     over the water, natural resources, and lands contained within 
     the borders of Utah: Now, therefore, be it
       Resolved, That the Legislature of the state of Utah affirms 
     the rights established in the Utah Constitution related to 
     the citizens' water and Utah's sovereign ownership, 
     jurisdiction, and control over its water; and be it further
       Resolved, That the Legislature of the state of Utah 
     declares that 191 the actions related to United States Forest 
     Service claims on state waters originating on public lands 
     undermines state sovereignty and jurisdiction and demands 
     action by the state of Utah to protect its sovereign, 
     recognized water ownership and rights on behalf of the 
     citizens of Utah; and be it further
       Resolved, That the Legislature of the state of Utah calls 
     on state, county, and local governments to protect, preserve, 
     and defend their jurisdiction and exercise their 
     constitutional obligation to protect the health, safety, and 
     welfare of the citizens of the state of Utah, particularly in 
     defending and maintaining jurisdiction over the water 
     resources of this state; and be it further
       Resolved, That a copy of this resolution be sent to the 
     United States Department of the Interior, the United States 
     Forest Service, the United States Department of Agriculture, 
     the Bureau of Land Management,

[[Page 12512]]

     the Utah Department of Natural Resources, each county 
     commission in the state of Utah, each municipality in the 
     state of Utah, and the members of Utah's congressional 
     delegation.
                                  ____

       POM-85. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to pass the 
     ABLE Act; to the Committee on Finance.

                   House Concurrent Resolution No. 54

       Whereas, the Achieving a Better Life Experience Act, also 
     known as the ABLE Act, has been introduced as S. 313 and H.R. 
     647 in the One Hundred Thirteenth United States Congress; and
       Whereas, the ABLE Act would create tax-advantaged savings 
     accounts known as ``ABLE accounts'' for persons with 
     disabilities and provide that funds may be withdrawn from 
     such accounts to cover costs of health care, employment 
     support, housing, transportation, assistive technology, and 
     lifelong education for those persons; and
       Whereas, ABLE accounts would be subject to the same tax 
     treatment as the popular education savings accounts commonly 
     called ``529 plans'', as they would be created in the same 
     section (Section 529) of the Internal Revenue Code; and
       Whereas, the ABLE Act would create a powerful incentive for 
     individuals and families to save private funds for the 
     purpose of supporting persons with disabilities in 
     maintaining health, independence, and quality of life; and
       Whereas, a vital component of the ABLE Act is a provision 
     which stipulates that funds held in an ABLE account do not 
     count toward any maximum limit on a person's assets upon 
     which eligibility for a means-tested federal program may be 
     contingent; and
       Whereas, savings in an ABLE account would thereby not 
     jeopardize a person's eligibility for programs such as 
     Medicaid and the Supplemental Nutrition Assistance Program 
     (formerly known as food stamps), the asset limits of which 
     currently force low-income persons into the difficult 
     decision of whether to spend what resources they may have 
     down to two thousand dollars in most cases in order to become 
     eligible for needed assistance; and
       Whereas, the ABLE Act includes a fiscal safeguard for 
     states by providing that if the ABLE account beneficiary dies 
     or their disability ceases and assets remain in the account, 
     the assets will be distributed first to any state Medicaid 
     plan that provided assistance to the person; and
       Whereas, as evidenced by the party affiliations of its 
     seventy-eight original cosponsors being almost perfectly 
     balanced, the ABLE Act legislation enjoys broad bipartisan 
     support; and
       Whereas, the ABLE Act embodies sound economic policy by 
     encouraging savings and asset building; and by providing that 
     every citizen living with a disability has the opportunity to 
     attain independence and an improved quality of life, promotes 
     important values that our nation holds dear: Now, therefore, 
     be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to pass the ABLE Act; and 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-86. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the United States 
     Congress to take such actions as are necessary to repeal that 
     portion of the federal health care reform legislation which 
     imposes a health insurance tax; to the Committee on Finance.

                   House Concurrent Resolution No. 53

       Whereas, beginning in 2014, Section 9010 of the Patient 
     Protection and Affordable Care Act (P.L. 111-148), as amended 
     by Section 10905 of that Act and Section 1406 of the Health 
     Care and Education Reconciliation Act (P.L. 111-152), will 
     impose an unprecedented new tax on health insurance that 
     numerous policy experts agree will be passed on to 
     individuals, working families, employers, and seniors, 
     contradicting a primary goal of health care reform by making 
     health care more expensive; and
       Whereas, Congressman Charles Boustany (R-LA) and 
     Congressman Jim Matheson (D-UT) have already sponsored 
     bipartisan legislation, H.R. 763 of the First Session of the 
     113th Congress, in the United States House of 
     Representatives, to repeal Section 9010 of the Patient 
     Protection and Affordable Care Act which imposes an annual 
     fee on health insurance providers; and
       Whereas, similar legislation, S. 603 of the First Session 
     of the 113th Congress, has also been introduced in the United 
     States Senate by Senator John Barrasso (R-WY); and
       Whereas, it has been estimated that the health insurance 
     tax will cause premiums on the individual market to rise an 
     average of two thousand one hundred fifty dollars for 
     individuals and an average of five thousand eighty dollars 
     for families nationally over a ten-year period; and
       Whereas, it has also been estimated that, in Louisiana over 
     the next ten years, an individual will pay an average of two 
     thousand one hundred twenty-eight dollars more for single 
     coverage and an average of four thousand five hundred twelve 
     dollars more for family coverage, a small group employer will 
     pay an average of two thousand five hundred eighty-nine 
     dollars more for single coverage and an average of six 
     thousand three hundred ninety-one dollars more for family 
     coverage, and a large group employer will pay an average of 
     two thousand eight hundred thirty dollars more for single 
     coverage and an average of six thousand eight hundred thirty-
     six dollars more for family coverage; and
       Whereas, it has been further estimated that a Medicare 
     policyholder in Louisiana will pay on average four thousand 
     one hundred eleven dollars more for coverage, all within the 
     same time period; and
       Whereas, estimates additionally indicate that the health 
     insurance tax will also impact the national economy over the 
     next ten years by reducing future private sector jobs by as 
     much as one hundred twenty-five thousand, with approximately 
     fifty-nine percent for small businesses, and reducing 
     potential sales by at least eighteen billion dollars, with 
     approximately fifty percent for small businesses; and
       Whereas, higher premiums are a disincentive for everyone to 
     obtain insurance coverage, particularly younger, healthier 
     people, who are likely to drop their policies if they become 
     too expensive, further eroding the risk pool and making 
     coverage even less affordable: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the United States Congress to take such actions 
     as are necessary to repeal Section 9010 of the Patient 
     Protection and Affordable Care Act (PL. 111-148), as amended 
     by Section 10905 of that Act and Section 1406 of the Health 
     Care and Education Reconciliation Act (P.L. 111-152), which 
     imposes a health insurance tax, in order to make health care 
     more affordable for working families, individuals, and 
     businesses; and 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-87. A concurrent resolution adopted by the Legislature 
     of the State of Louisiana memorializing the Congress of the 
     United States to review and consider eliminating provisions 
     of federal law which reduce Social Security benefits for 
     those receiving benefits from federal, state, or local 
     government retirement or pension systems, plans, or funds; to 
     the Committee on Finance.

                   House Concurrent Resolution No. 40

       Whereas, the Congress of the United States of America has 
     enacted both the Government Pension Offset (GPO), reducing 
     the spousal and survivor Social Security benefit, and the 
     Windfall Elimination Provision (WEP), reducing the earned 
     Social Security benefit for any person who also receives a 
     public pension benefit; and
       Whereas, Congress enacted these reduction provisions to 
     provide a disincentive for public employees to receive two 
     pensions; and
       Whereas, the GPO negatively affects a spouse or survivor 
     receiving a federal, state, or local government retirement or 
     pension benefit who would also be entitled to a Social 
     Security benefit earned by a spouse; and
       Whereas, the GPO formula reduces the spousal or survivor 
     Social Security benefit by two-thirds of the amount of the 
     federal, state, or local government retirement or pension 
     benefit received by the spouse or survivor, in many cases 
     completely eliminating the Social Security benefit even 
     though their spouses paid Social Security taxes for many 
     years; and
       Whereas, the GPO often reduces spousal benefits so 
     significantly it makes the difference between self-
     sufficiency and poverty; and
       Whereas, the GPO has a harsh effect on thousands of 
     citizens and undermines the original purpose of the Social 
     Security dependent/survivor benefit; and
       Whereas, the WEP applies to those persons who have earned 
     federal, state, or local government retirement or pension 
     benefits, in addition to working in employment covered under 
     Social Security and paying into the Social Security system; 
     and
       Whereas, the WEP reduces the earned Social Security benefit 
     using an averaged indexed monthly earnings formula and may 
     reduce Social Security benefits for affected persons by as 
     much as one-half of the retirement benefit earned as a public 
     servant in employment not covered under Social Security; and
       Whereas, the WEP causes hardworking individuals to lose a 
     significant portion of the Social Security benefits that they 
     earn themselves; and
       Whereas, in certain circumstances both the WEP and GPO can 
     be applied to a qualifying survivor's benefit, each 
     independently reducing the available benefit and in 
     combination eliminating a large portion of the total Social 
     Security benefit available to the survivor; and

[[Page 12513]]

       Whereas, because of the calculation characteristics of the 
     GPO and the WEP, they have a disproportionately negative 
     effect on employees working in lower-wage government jobs, 
     like policemen, firefighters, teachers, and state employees; 
     and
       Whereas, Louisiana is making every effort to improve the 
     quality of life of its citizens and to encourage them to live 
     here lifelong, yet the current GPO and WEP provisions 
     compromise their quality of life; and
       Whereas, individuals drastically affected by the GPO or WEP 
     may have no choice but to return to work after retirement in 
     order to make ends meet, but the earnings accumulated during 
     this return to work can further reduce the Social Security 
     benefits the individual is entitled to; and
       Whereas, retired individuals affected by both GPO and WEP 
     have significantly less money to support their basic needs 
     and sometimes have to turn to government assistance programs; 
     and
       Whereas, the GPO and the WEP penalize individuals who have 
     dedicated their lives to public service by taking away 
     benefits they have earned; and
       Whereas, our nation should respect, not penalize, public 
     servants; and
       Whereas, the number of people affected by GPO and WEP is 
     growing every day as more and more people reach retirement 
     age; and
       Whereas, the GPO and WEP are established in federal law, 
     and repeal of the GPO and the WEP can only be enacted by 
     Congress: Now, therefore, be it
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize the Congress of the United States of America to 
     review the Government Pension Offset and the Windfall 
     Elimination Provision Social Security benefit reductions and 
     to consider eliminating or reducing them; and be it further
       Resolved, That the Legislature of Louisiana does hereby 
     memorialize Congress, in the alternative, to repeal the 
     Government Pension Offset and to consider applying the less 
     stringent Windfall Elimination Provision to spousal and 
     survivor benefits; and 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-88. A joint resolution adopted by the Legislature of 
     the State of Maine memorializing the President of the United 
     States, the United States Congress and the United States 
     Trade Representative regarding the use of trade promotion 
     authority in international trade policy; to the Committee on 
     Finance.

                            Joint Resolution

       Whereas, the State strongly supports international trade 
     when fair rules of trade are in place and seeks to be an 
     active participant in the global economy, and the State seeks 
     to maximize the benefits and minimize any negative effects of 
     international trade; and
       Whereas, existing trade agreements have effects that extend 
     significantly beyond the bounds of traditional trade matters, 
     such as tariffs and quotas, and can undermine Maine's 
     constitutionally guaranteed authority to protect the public 
     health, safety and welfare and its regulatory authority; and
       Whereas, a succession of federal trade negotiators from 
     both political parties over the years have failed to operate 
     in a transparent manner and have failed to meaningfully 
     consult with the State on the far-reaching effect of trade 
     agreements on state and local laws, even when obligating the 
     State to comply with the terms of these agreements; and
       Whereas, Article II, Section 2 of the United States 
     Constitution empowers the President of the United States ``. 
     . . by and with the advice and consent of the Senate, to make 
     treaties, provided two thirds of Senators present concur . . 
     .''; and
       Whereas, the trade promotion authority implemented by the 
     United States Congress and the President of the United States 
     with regard to international trade and investment treaties 
     and agreements entered into over the past several years, 
     commonly known as fast-track negotiating authority, does not 
     adequately provide for the constitutionally required review 
     and approval of treaties; and
       Whereas, the United States Trade Representative, at the 
     direction of the President of the United States, is currently 
     negotiating or planning to enter into negotiations for 
     several multilateral trade and investment treaties, including 
     the Trans-Pacific Partnership Agreement and the Trans-
     Atlantic Trade and Investment Partnership; and
       Whereas, proposals are under consideration to review these 
     and future trade and investment agreements pursuant to a 
     fast-track model; and
       Whereas, the current process of consultation with states by 
     the Federal Government on trade policy fails to provide a way 
     for states to meaningfully participate in the development of 
     trade policy, despite the fact that trade rules could 
     undermine state sovereignty; and
       Whereas, under current trade rules, states have not had 
     channels for meaningful communication with the United States 
     Trade Representative, as both the Intergovernmental Policy 
     Advisory Committee on Trade and the state point of contact 
     system have proven insufficient to allow input from states, 
     and states do not always seem to be considered as a partner 
     in government; and
       Whereas, the President of the United States, the United 
     States Trade Representative and the Maine Congressional 
     Delegation will have a role in shaping future trade policy 
     legislation: Now, therefore, be it
       Resolved, That We, your Memorialists, respectfully urge and 
     request that future trade policy include reforms to improve 
     the process of consultation both between the Executive Branch 
     and Congress and between the Federal Government and the 
     states; and be it further
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the fast-track model of consultation and 
     approval of international treaties and agreements be rejected 
     with respect to pending agreements and agreements not yet 
     under negotiation; and be it further
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States, the United 
     States Congress and the United States Trade Representative 
     seek to develop a new middle ground approach to consultation 
     that meets the constitutional requirements for treaty review 
     and approval while at the same time allowing the United 
     States Trade Representative adequate flexibility to negotiate 
     the increasingly complicated provisions of international 
     trade treaties; and be it further
       Resolved, That We, your Memorialists, respectfully urge and 
     request that the President of the United States, the United 
     States Congress and the United States Trade Representative 
     seek a meaningful consultation system that increases 
     transparency, promotes information sharing, allows for timely 
     and frequent consultations, provides state-level trade data 
     analysis, provides legal analysis for states on the effect of 
     trade on state laws, increases public participation and 
     acknowledges and respects each state's sovereignty; and be it 
     further
       Resolved, That We, your Memorialists, respectfully urge and 
     request that each instance in which trade promotion authority 
     is authorized by the United States Congress be limited to a 
     specific trade agreement to help ensure the adequate review 
     and approval of each international trade treaty; and be it 
     further
       Resolved, That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the Honorable Barack H. Obama, President of the United 
     States, to the President of the United States Senate, to the 
     Speaker of the United States House of Representatives, to the 
     United States Trade Representative and to each Member of the 
     Maine Congressional Delegation.
                                  ____

       POM-89. A joint resolution adopted by the Legislature of 
     the State of California urging the President and the Congress 
     of the United States to exclude social security, Medicare, 
     and Medicaid from being a part of any legislation to reduce 
     the federal deficit; to the Committee on Finance.

                    Assembly Joint Resolution No. 7

       Whereas, Social security and Medicare are the foundations 
     of income and health security for older Californians and 
     those with severe work disabilities, providing monthly cash 
     benefits and health insurance to over 5 million Californians, 
     including 3.4 million retirees and nearly 700,000 disabled 
     workers; and
       Whereas, Social security is the single most important 
     source of life insurance protection for California's children 
     and provides a vital guaranteed income to 370,000 children 
     throughout the state; and
       Whereas, Social security prevents more than 1.1 million 
     Californians from living in poverty; and
       Whereas, Social security provides benefits to more than 9 
     million veterans nationwide, which is roughly four out of 10 
     veterans; and
       Whereas, Social security annually contributes nearly $67 
     billion dollars to California's economy by paying benefits to 
     over 5.1 million residents in the state; and
       Whereas, Social security's funding is independent of that 
     of the rest of the federal government, and has never 
     contributed to, and by law can never contribute to, the 
     federal deficit; and
       Whereas, Social security in fact has a surplus of $2.7 
     trillion dollars today that is expected to grow to $3.1 
     trillion dollars by 2020; and
       Whereas, Social security is not in crisis and has 
     sufficient resources to meet all of its obligations through 
     2032 and has dedicated revenues that would--even in the 
     absence of Congressional reforms--meet three-quarters of 
     promised benefits thereafter; and
       Whereas, Social security's funding shortfall after 2032 is 
     modest: about one-half of the cost of the Bush tax cuts of 
     2001 and 2003; and
       Whereas, There are many policy options available to close 
     social security's funding shortfall without cutting benefits, 
     including eliminating the cap on earnings subject to the 
     payroll tax, which would eliminate about 80 percent of the 
     75-year shortfall, or raising the payroll tax rate from 6.2 
     to 7.2 percent gradually over 20 years, which would eliminate 
     one-half of the shortfall; and

[[Page 12514]]

       Whereas, Americans prefer raising payroll taxes to cutting 
     social security benefits by a margin of 53 percent to 36 
     percent; and
       Whereas, Social security's modest but vital benefits, 
     averaging just $12,930 per year in California, are critical 
     to the economic security of those who receive those benefits; 
     and
       Whereas, Losses of pensions, 401(k) balances, home equity, 
     and earnings have greatly diminished the retirement income 
     prospects of Californians; and
       Whereas, The social security benefit cuts imposed in 1983 
     will, when fully phased in, cut benefits by roughly 25 
     percent; and
       Whereas, Forty-seven percent of elderly Californians are 
     struggling just to make ends meet and more than one-half of 
     working Californians will not have saved enough to be able to 
     maintain their standard of living in retirement; and
       Whereas, Proposals to increase the social security 
     retirement age to 69 would cut benefits by an additional 13 
     percent on top of the 13 percent cut that occurred when the 
     retirement age increased from 65 to 67; and
       Whereas, The physical demands of a job differ from industry 
     to industry and, on average, the longevity of the lives of 
     individuals differ significantly according to their level of 
     income, education, race, and access to health care; and
       Whereas, Social security belongs to the people who have 
     worked hard all their lives and contributed to the program, 
     and it is based on a promise that if you pay in, you and your 
     family can collect your money when you retire, experience a 
     severe disability, or die; and
       Whereas, Medicare insures almost 4 million California 
     seniors for health care at a fraction of the administrative 
     costs of private plans; and
       Whereas, Medicare has controlled its costs better than 
     private insurance plans; and
       Whereas, Although increasing the eligibility age for 
     Medicare would save the federal government some money, it 
     would add billions of dollars to what we as a country spend 
     on health care and shift costs onto other governmental 
     entities, businesses, and many individuals who cannot afford 
     those costs; and
       Whereas, Medicaid is a critical source of protection for 
     over 11 million low-income children, adults, and elderly 
     Californians, many of whom have severe disabilities or are in 
     need of long-term care; and
       Whereas, Our social security, Medicare, and Medicaid 
     systems are fundamental to protecting against risks to which 
     all Californians are subject; and
       Whereas, Our social security, Medicare, and Medicaid 
     systems give expression to widely held values, including 
     caring for our families, our neighbors, and ourselves, 
     personal responsibility, hard work, and dignity: Now, 
     therefore, be it
       Resolved by the Assembly and the Senate of the State of 
     California, jointly, That the California State Legislature 
     urges the President and the Congress of the United States to 
     exclude social security, Medicare, and Medicaid from being a 
     part of any legislation to reduce the federal deficit; and be 
     it further
       Resolved, That the California State Legislature opposes 
     cuts to social security, Medicare and Medicaid, and calls on 
     our state's representatives in Washington, D.C. to vote 
     against any cuts and consider improving those systems in ways 
     that will strengthen their protections; and be it further
       Resolved, That the Chief Clerk of the Assembly transmit 
     copies of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.

                          ____________________