May 17, 1995 CONGRESSIONAL RECORD — SENATE S6803

STATEMENTS ON INTRODUCED

BILLS AND JOINT RESOLUTIONS

By Mr. SIMON (for himself, Mr.

REID, Mr. MOYNIHAN, Mr.

BRYAN, Mr. BROWN, Mr. CAMPBELL, Mr. MACK, Mr. GRAHAM,

Mrs. BOXER, Mrs. FEINSTEIN,

and Mr. ROBB):

S. 811. A bill to authorize research

into the desalinization and reclamation of water and authorize a program

for States, cities, or qualifying agencies desiring to own and operate a

water desalinization or reclamation facility to develop such facilities, and for

other purposes; to the Committee on

Environment and Public Works.

THE WATER DESALINIZATION RESEARCH AND

DEVELOPMENT ACT OF 1995

Mr. SIMON. Mr. President, I am introducing a bill today which is being

cosponsored by Senator REID of Nevada, Senator MOYNIHAN of New York,

Senator BRYAN of Nevada, Senator

BROWN of Colorado, Senator

NIGHTHORSE CAMPBELL of Colorado,

Senator MACK of Florida, Senator GRAHAM of Florida, Senator BOXER of California, Senator FEINSTEIN of California,

and Senator ROBB of Virginia.

It is legislation that has, frankly,

passed this body twice but has gotten

mired down not because of controversy

but because of jurisdictional problems

over in the other body. It is a bill that

says we have to do more in the area of

research on finding less expensive ways

of converting salt water to fresh water.

I do not have a chart here of the

world population and water supply, I

regret to say. I will get that later when

we are on the floor for discussion. But

it would be dramatic. We have in the

world today somewhere between 5.5 billion and 5.8 billion people. By the middle of the next century, when these

pages will be around, in the middle of

the next century, we will have around

10 billion people. The world population

is going up like this. Our water supply

is not going up. It is constant. You do

not need to be an Einstein to recognize

that we are headed for problems. This

is not new.

On April 12, 1961, President John F.

Kennedy was asked at a press conference what would be the great breakthrough he would like to see in his administration. He responded:

We have made some exceptional scientific

advances in the last decade. They are not as

spectacular as the man in space or the first

Sputnik, but they are important. I have said

that I thought that if we could ever competitively, at a cheap rate, get fresh water from

salt water, that it would be in the long-range

interests of humanity which would really

dwarf any other scientific accomplishments.

I am hopeful that we will intensify our efforts in that area.

And for a short time after his Presidency, we were doing some things in

this area, and then because there is not

an immediate problem, interest diminished and research has diminished. Yet,

we face some very serious problems. We

know already about what is happening

in California. The interesting thing is

that the areas where we have severe

water shortages frequently are right at

the water’s edge. California has problems. I was just reading about Tampa,

FL, the other day. Virginia Beach, VA,

has problems. These are areas right at

the water’s edge.

Our problems, frankly, Mr. President,

are very minor compared to the problems in the rest of the world. If we can

look at my next chart here, this is

what is happening in terms of water

shortages versus water scarcity. The

nations in blue face water scarcity, and

water shortage are the nations in red.

You will see what is happening very

clearly. When you talk about water

scarcity, you are talking about nations

where the average water consumption

is dramatically less—less than half of

what we consume in the United States

per person in terms of water. They face

very severe problems.

So those are the figures in blue,

going from 7 nations in 1955 to 20 nations in 1990, and 34 nations are anticipated to have serious problems by the

year 2025.

In the Middle East, it is very interesting that you had President Sadat,

who was a giant in this century, saying, ‘‘Egypt will never go to war again

for land. If we go to war, it will be for

water.’’ In the Middle East, also, both

Prime Minister Rabin and King Hussein have said, ‘‘The potential for conflict in our area is because of water.’’

The agreement that has been worked

out between Jordan and Israel includes

an agreement on water. It is just vital.

Mauritania on the northern coast of

Africa, when I was there a few years

ago, was growing 8 percent of their own

food. It is a desperately poor country

right on the ocean. We do have a process of converting salt water to fresh

water, inexpensive enough that we can

use it for drinking water. But 85 percent of the water that we use is used

for industrial and agricultural purposes. And it is not inexpensive enough

to use for those purposes.

Spain is experiencing a drought right

now. Spain has a number of desalination plants, but they face major longterm problems. Greece and Cyprus have

a very similar situation. You can go

through a whole series of countries.

The Cape Verde islands are totally dependent on desalination, except for

very, very minimal rain fall that they

get. Egypt, right on the Mediterranean,

has a mushrooming population. If the

Presiding Officer has not had a chance

to visit Egypt, I hope he will one of

these years. You see that population in

the capital city and you know people

have to eat and they have to drink.

Egypt is dependent on 2 percent of its

land. Yet, it is right on the Mediterranean. It potentially can be a garden

spot. We have to turn that around.

Senator REID joined me, I guess

about 3 years ago, on a trip where we

looked at some water spots, including

the Aral Sea. We looked in Uzekistan.

The Aral Sea was the fourth largest

body of water in the world, and the

Aral Sea, Mr. Khrushchev was told,

‘‘You can divert some of the water for

cotton growing and it will eventually

get back into the Aral Sea.’’ And, in

the old Soviet Union, when the boss

said, ‘‘Do this,’’ it was done. And the

water began to recede.

Senator REID and I stood at the

banks of the Aral Sea and looked down

50 or 75 feet to dry land. The dramatic

scene there was because shipowners—of

course, not shipowners, but the people

who ran them; everything was owned

by the Soviet Union—the people who

ran the ships were told, ‘‘Just keep

your ships there, the water will come

back.’’ The water did not come back.

And you had this dramatic scene of

ships sitting on dry land, 50 miles from

where the water is.

It is a powerful thing. We have had

headlines about oil shortages and gasoline shortages. Let me tell my colleagues, they are minor compared to

the headlines we are going to have in

another decade or two if we do not get

ahold of this question of converting

salt water to fresh water more inexpensively. What we are asking in this legislation that has now twice passed this

body unanimously is that we devote

some of our resources to this cause. It

is extremely important. Water is absolutely essential for the survival of humanity.

UNICEF, the United Nations Children’s Fund, tells us that 35,000 children worldwide die each day, the majority on the African Continent, either

from hunger or disease caused either

by lack of water or by contaminated

water. I wrote to Secretary General

Boutros Boutros-Ghali some time ago

about what I am doing, and he wrote

back:

I am particularly pleased to hear of your

interest in water issues and the legislation

you are sponsoring on research on less costly

desalinization methods. As you rightly point

out, such concerns are uppermost in the

minds of people in regions where fresh water

is scarce, not least in my own part of the

world. During my tenure as a Secretary General, I will do my utmost to promote international cooperation regarding this most

crucial resource.

This may seem like something someone from Illinois or Oklahoma should

not be that much interested in. It affects all of us. It affects the future stability of the world, and it affects us

even very directly in terms of prices.

When California does not get enough

water, fruits, and vegetables from California are going to cost more in Oklahoma and in Illinois. But it is much

more significant than that. If we do

not find a less expensive way of converting salt water to fresh water, and

more than 90 percent of the world’s

water is salt water, the world is headed

for some very, very difficult times. I

hope we will pass this legislation and

do the responsible thing.

I have one more chart here showing

what is happening in the United States

alone. The United States, again, does

not face problems anywhere near as severe as the rest of the world. But you
S6804 CONGRESSIONAL RECORD — SENATE May 17, 1995

see the water availability is the blue

line and you see it going down like

this. You see our population going up.

It is clearly a problem that the United

States has to face and the world has to

face.

I am pleased to have bipartisan cosponsorship. I am pleased this body has

passed this legislation before. I hope we

will do it again, and I hope our friends

in the House can get the jurisdictional

problems solved and we can pass it over

there. I believe it is genuinely noncontroversial and is clearly needed by

this country and by the world.

Mr. President, I ask unanimous consent that the text of the bill be printed

in the RECORD.

There being no objection, the bill was

ordered to be printed in the RECORD, as

follows:

S. 811

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Water Desalinization Research and Development Act of

1995’’.

SEC. 2. DECLARATION OF POLICY.

In view of the increasing shortage of usable

surface and ground water in many parts of

the United States and the world, it is the

policy of the United States to—

(1) perform research to develop low-cost alternatives for desalinization of saline water

and reclamation of nonusable nonsaline

water to provide water of a quality suitable

for environmental enhancement, agricultural, industrial, municipal, and other beneficial consumptive or nonconsumptive uses;

and

(2) provide, through cooperative activities

with local sponsors, desalinization and water

reclamation processes and facilities that

provide proof-of-concept demonstrations of

advanced technologies for the purpose of developing and conserving the water resources

of this Nation and the world.

SEC. 3. DEFINITIONS.

In this Act:

(1) DESALINIZATION.—The term ‘‘desalinization’’ means the use of any process or technique (by itself or in conjunction with other

processes or techniques) for the removal and,

when feasible, adaptation to beneficial use,

of organic and inorganic elements and compounds from saline water.

(2) NONUSABLE NONSALINE WATER.—The

term ‘‘nonusable nonsaline water’’ that is

not saline water but, because it contains biological or other impurities, is not usable

water.

(3) RECLAMATION.—The term ‘‘reclamation’’ means the use of any process or techniques (by itself or in conjunction with other

processes or techniques) for the removal and,

when feasible, adaptation to beneficial use,

of organic and inorganic elements and compounds from nonusable nonsaline water.

(4) SALINE WATER.—The term ‘‘saline

water’’ means sea water, brackish water, and

other mineralized or chemically impaired

water.

(5) SPONSOR.—The term ‘‘sponsor’’ means a

local, State, or interstate agency responsible

for the sale and delivery of usable water that

has the legal and financial authority and capability to provide the financial and real

property requirements needed for a desalinization or reclamation facility.

(6) UNITED STATES.—The term ‘‘United

States’’ means the States of the United

States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(7) USABLE WATER.—The term ‘‘usable

water’’ means water of a high quality suitable for environmental enhancement, agricultural, industrial, municipal, and other

beneficial consumptive or nonconsumptive

uses.

SEC. 4. RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—In order to gain basic

knowledge concerning the most efficient

means by which usable water can be produced from saline or nonusable nonsaline

water, the Secretary of the Interior, in consultation with the Secretary of the Army,

shall conduct a basic research and development program under this section.

(b) CONTENTS OF PROGRAM.—For the basic

research and development program, the Secretary of the Interior shall—

(1) conduct, encourage, and promote fundamental scientific research and basic studies to develop the best and most economical

processes and methods for converting saline

water and nonusable nonsaline water into

usable water through research grants and

contracts—

(A) to conduct research and technical development work;

(B) to make studies in order to ascertain

the optimum mix of investment and operating costs;

(C) to determine the best designs for different conditions of operation; and

(D) to investigate increasing the economic

efficiency of desalinization or reclamation

processes by using the processes as dual-purpose co-facilities with other processes involving the use of water;

(2) study methods for the recovery of byproducts resulting from the desalinization or

reclamation of water to offset the costs of

treatment and to reduce the environmental

impact from those byproducts; and

(3) prepare a management plan for conduct

of the research and development program established under this section.

(c) COORDINATION WITH OTHER AGENCIES.—

(1) IN GENERAL.—The Secretary of the Interior shall conduct activities under this section in coordination with—

(A) the Department of Commerce, specifically with respect to marketing and international competition; and

(B)(i) the Departments of Defense, Agriculture, State, Health and Human Services,

and Energy;

(ii) the Environmental Protection Agency;

(iii) the Agency for International Development; and

(iv) other concerned public and private entities.

(2) OTHER AGENCIES.—In addition to the

agencies identified in paragraph (1), other interested agencies may furnish appropriate

resources to the Secretary of the Interior to

further the activities in which such other

agencies are interested.

(d) AVAILABILITY OF RESEARCH.—All research sponsored or funded under this section shall be carried out in such a manner

that information, products, processes, and

other developments resulting from Federal

expenditures or authorities shall (with exceptions necessary for national defense and

the protection of patent rights) be available

to the general public.

(e) RELATIONSHIP TO ANTITRUST LAWS.—

Section 10 of the Federal Nonnuclear Energy

Research and Development Act of 1974 (42

U.S.C. 5909) shall apply to the activities of

persons in connection with grants and contracts made by the Secretary of the Interior

under this section.

SEC. 5. DESALINIZATION DEVELOPMENT PROGRAM.

(a) IN GENERAL.—The Secretary of the Interior and the Secretary of the Army shall

jointly—

(1) conduct a desalinization development

program; and

(2) in connection with the program, design

and construct desalination facilities.

(b) SELECTION OF DESALINIZATION DEVELOPMENT FACILITIES.—

(1) APPLICATION.—A sponsor shall submit

to the Secretary of the Interior and Secretary of the Army an application for the design and construction of a facility and certification that the sponsor will provide the

required cost sharing.

(2) SELECTION.—Facilities shall be selected

subject to availability of Federal funds.

(c) COST SHARING.—

(1) INITIAL COST.—The initial cost of a facility shall include—

(A) design costs;

(B) construction costs;

(C) lands, easements, and rights-of-way

costs; and

(D) relocation costs.

(2) MINIMUM SPONSOR SHARE.—The sponsor

for a facility under the desalinization development program shall pay, during construction, at least 25 percent of the initial cost of

the facility, including providing all lands,

easements, and rights-of-way and performing

all related necessary relocations.

(3) MAXIMUM FEDERAL SHARE.—The Secretary of the Interior and Secretary of the

Army shall pay not more than $10,000,000 of

the initial cost of a facility.

(d) OPERATION AND MAINTENANCE.—Operation, maintenance, repair, and rehabilitation of a desalinization facility shall be the

responsibility of the sponsor of the facility.

(e) REVENUE.—All revenue generated from

the sale of usable water from a desalinization facility shall be retained by the sponsor

of the facility.

SEC. 6. MISCELLANEOUS AUTHORITIES.

In carrying out sections 5 and 6, the Secretary of the Interior and the Secretary of

the Army may—

(1) accept technical and administrative assistance from a State or other public entities

and from private persons in connection with

research and development activities relating

to desalinization and reclamation of water;

(2) enter into contracts or agreements stating the purpose for which the assistance is

contributed and, in appropriate circumstances, providing for the sharing of

costs between the Secretary and such entities or persons;

(3) make grants to educational and scientific institutions;

(4) contract with educational and scientific

institutions and engineering and industrial

firms;

(5) by competition or noncompetitive contract or any other means, engage the services of necessary personnel, industrial and

engineering firms, and educational institutions;

(6) use the facilities and personnel of Federal, State, municipal, and private scientific

laboratories;

(7) contract for or establish and operate facilities and tests to conduct research, testing, and development necessary for the purposes of this Act;

(8) acquire processes, data, inventions, patent applications, patents, licenses, lands, interests in lands and water, facilities, and

other property by purchase, license, lease, or

donation;

(9) assemble and maintain domestic and

foreign scientific literature and issue pertinent bibliographical data;
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6805

(10) conduct inspections and evaluations of

domestic and foreign facilities and cooperate

and participate in their development;

(11) conduct and participate in regional,

national, and international conferences relating to the desalinization of water;

(12) coordinate, correlate, and publish information which will advance the development of the desalinization of water; and

(13) cooperate with Federal, State, and municipal departments, agencies and instrumentalities, and with private persons, firms,

educational institutions, and other organizations, including foreign governments, departments, agencies, companies, and instrumentalities, in effectuating the purposes of

this Act.

SEC. 7. DESALINIZATION CONFERENCE.

(a) ESTABLISHMENT.—The President is requested to instruct the Administrator of the

Agency for International Development to

sponsor an international desalinization conference within 1 year after the date of enactment of this Act.

(b) PARTICIPANTS.—Participants in the conference under subsection (a) should include

scientists, private industry experts, desalinization experts and operators, government

officials from the nations that use and conduct research on desalinization, and government officials from nations that could benefit from low-cost desalinization technology

(particularly nations in the developing

world), and international financial institutions.

(c) PURPOSE.—The conference under subsection (a) shall—

(1) explore promising new technologies and

methods to make affordable desalinization a

reality in the near term; and

(2) propose a research agenda and a plan of

action to guide longer-term development of

practical desalinization applications.

(d) FUNDING.—

(1) AID FUNDS.—Funding for the conference

under subsection (a) may come from operating or program funds of the Agency for International Development.

(2) OTHER NATIONS.—The Agency for International Development shall encourage financial and other support from other nations,

including those that have desalinization

technology and those that might benefit

from such technology.

SEC. 8. REPORTS.

(a) IN GENERAL.—Not later than 1 year

after following the date of enactment of this

Act, and annually thereafter, the Secretary

of the Interior, in consultation with the Secretary of the Army, shall prepare a report to

the President and Congress concerning the

administration of this Act.

(b) CONTENTS.—A report under subsection

(a) shall describe—

(1) the actions taken by the Secretary of

the Interior and the Secretary of the Army

during the calendar year preceding the year

in the report is submitted; and

(2) the actions planned for the following

calendar year.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

(a) RESEARCH AND DEVELOPMENT.—There

are authorized to be appropriated to carry

out section 4—

(1) $5,000,000 for fiscal year 1996;

(2) $10,000,000 for fiscal year 1997; and

(3) such sums as are necessary for fiscal

years 1998, 1999, and 2000.

(b) DESALINIZATION DEVELOPMENT PROGRAM.—There are authorized to be appropriated to carry out section 5 such sums as

are necessary, up to a total of $50,000,000, for

fiscal years 1996, 1997, 1998, 1999, and 2000, of

which 50 percent shall be made available to

the Department of the Interior and 50 percent shall be made available to the civil

works program of the Army Corps of Engineers.

By Mr. THURMOND:

S. 812. A bill to establish the South

Carolina National Heritage Corridor,

and for other purposes; to the Committee on Energy and Natural Resources.

THE SOUTH CAROLINA NATIONAL HERITAGE

CORRIDOR ACT OF 1995

Mr. THURMOND. Mr. President, I

rise today, along with Senator HOLLINGS, to introduce the South Carolina

National Heritage Corridor Act of 1995.

This legislation would establish a

framework to help protect, conserve,

and promote the natural, historical,

cultural, and recreational resources of

the region which have national significance. A companion bill, H.R. 1553, was

introduced in the House of Representatives on May 3, 1995.

Specifically, this legislation would

establish a national heritage corridor

in South Carolina running from the

western Piedmont down along the Savannah Valley toward Augusta, GA,

then following the route of the old

Charleston to Hamburg Railroad along

the Ashley River Road to Charleston.

This route contains 14 South Carolina

counties: Oconee, Pickens, Anderson,

Abbeville, Greenwood, McCormick,

Edgefield, Aiken, Barnwell, Orangeburg, Bamberg, Dorchester, Colleton,

and Charleston.

Further, this measure would establish a 23 member Commission, consisting of county representatives, South

Carolina State officials, and Federal

officials, including the Director of the

National Park Service. It authorizes

the Commission to oversee the development and implementation of a corridor

management action plan. This plan

will inventory the resources of the heritage corridor and discuss advisory

standards for the use and promotion of

those resources. Mr. President, let me

emphasize that this legislation protects private property rights and will

not interfere with local land use ordinances or plans.

The legislation requires the active

participation of the Secretary of the

Interior, who shall appoint Commission

members, approve the corridor management action plan, provide assistance to the Commission, and report to

Congress on the actions taken to carry

out the act.

Finally, this legislation requires that

the Federal cost share percentage, including annual operating expenses,

may not exceed 50 percent. However,

non-Federal matching funds may be

not only cash, but also services or inkind contributions.

Mr. President, the heritage corridor

concept is a technique that has been

used successfully in various parts of

our Nation to promote historic preservation, natural resource protection,

tourism, and economic revitalization

for both urban and rural areas. Congress, recognizing that heritage corridors provide a flexible framework for

governmental and private organizations to work together on a coordinated regional basis, has recognized

and formally designated numerous heritage corridor areas throughout the

Nation. Many more are in various

stages of planning or development.

The initiative to develop the South

Carolina National Heritage Corridor is

an outgrowth of a grassroots effort in

my home State to promote the history,

culture, natural resources, and economy of the region. County visitor councils, historical societies, and other private and government entities are now

participating in this project.

The corridor project was awarded a

Federal grant for a demonstration

project linking cultural and economic

development. Another grant has been

awarded to conduct a feasibility study

and plan for the development and management of the corridor. That work is

well underway and will be completed

this year.

As a result of those planning efforts,

the corridor project has conducted a

thorough asset inventory and is exploring management and marketing alternatives. The enactment of this legislation, to provide for national recognition, will permit the heritage corridor

project to broaden its efforts to preserve and promote the resources of the

corridor and to expand tourism and

economic development in the region.

Mr. President, I would like to describe some of the historic, cultural,

and natural resources and sites of national significance which are contained

in the South Carolina National Heritage Corridor. Let me begin by referencing correspondence between Dr. Rodger

E. Stroup of the South Carolina State

Museum and Ms. Joan Davis of the

South Carolina Department of Parks,

Recreation and Tourism. In his letter,

Dr. Stroup describes the path of the

corridor, noting many specific sites

and areas of national significance. I

ask unanimous consent that a copy of

Dr. Stroup’s correspondence be printed

in the RECORD following these remarks.

The PRESIDING OFFICER. Without

objection, it is so ordered.

(See exhibit 1.)

Mr. THURMOND. In many respects,

the heritage corridor forms a microcosm of the lower South and its history. In the upper region of the corridor, during the 1750’s and 1760’s, settlers and migrants came in search of

rich lands. This area became a center

of cotton and agricultural production.

As westward lands opened up for settlement, it was a major jumping off point

for migration during the antebellum

years.

Significant events in the industrial

and transportation history of the

South took place in the corridor.

Graniteville was the birthplace of the

southern textile industry. It is the site

of the first large-scale cotton mill in

the South, built in 1845. This became

one of the most important manufacturing centers in the pre-Civil-War South,

a model for the textile industry. Located on one of the South’s major cotton routes, it remains a textile center

today. To accommodate the westward

moving cotton crop, South Carolina
S6806 CONGRESSIONAL RECORD — SENATE May 17, 1995

merchants built the Charleston to

Hamburg railroad, the longest railroad

in the Nation in 1832. The corridor also

contains precious natural resources.

The Francis Beidler Forest contains

the largest remaining virgin stand of

bald cyprus and tupelo trees in the

world. Additionally, the Cathedral Bay

Heritage Wildlife Preserve contains

unique geological features known as

the Carolina Bays. These oval depressions in the earth, the origin of which

remains a mystery, hold black water

lakes. The significant riverine and estuarine systems of the ACE Basin form

an ecologically diverse area which contains rare plants and serves as a wildlife and waterfowl habitat.

Finally, Mr. President, located within the corridor are numerous historical

sites and national historic landmarks.

For example, Middleton Place, on the

banks of the Ashley River is an 18th

century plantation and the site of

America’s oldest landscaped gardens. It

has survived revolution, civil war, and

natural disasters. It was home to

Henry Middleton, President of the Continental Congress and his son, Arthur,

a signer of the Declaration of Independence. Battlefields of both the Revolutionary War and of the Civil War are

located in the corridor. Of great historical significance is the Burt-Stark

House in Abbeville. At this site, less

than a month after General Lee’s surrender at Appomattox, the President of

the Confederate States of America, Jefferson Davis, counseled with his generals on the conduct of the war. A decision was reached at this meeting to

disband the Armies of the Confederacy.

Mr. President, these are just a few

examples of the richness of this corridor. The corridor has much more to

offer; much that reminds us of where

we have been as a nation and where we

are today. These and other attractions

are representative of the merging of

several cultures along the corridor—African, Caribbean, European, and native

American. This legislation will assist

the communities throughout the heritage corridor who are committed to the

conservation and development of these

assets.

Mr. President, the effort to establish

a heritage corridor in South Carolina

has broad support. The Governor of

South Carolina, David Beasley, supports this endeavor. Various State

agencies are working on this project,

continuing the efforts which began

under the direction of our former Governor, Carroll Campbell. I ask unanimous consent that a letter of support

from Governor Beasley be printed in

the RECORD.

The PRESIDING OFFICER. Without

objection, it is so ordered.

(See exhibit 2.)

Mr. THURMOND. Mr. President, I

urge my colleagues to support this legislation. Further, I ask unanimous consent that the text of this bill be printed

in the CONGRESSIONAL RECORD.

There being no objection, the bill was

ordered to be printed in the RECORD, as

follows:

S. 812

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘South Carolina National Heritage Corridor Act of 1995’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) the South Carolina National Heritage

Corridor, more than 250 miles in length, possesses a wide diversity of significant rare

plants, animals, and ecosystems, agricultural and timber lands, shellfish harvesting

areas, historic sites and structures, and cultural and multicultural landscapes related to

the past and current commerce, transportation, maritime, textile, agricultural, mining, cattle, pottery, and national defense industries of the region, which provide significant ecological, natural, tourism, recreational, timber management, educational,

and economic benefits;

(2) there is a national interest in protecting, conserving, restoring, promoting, and

interpreting the benefits of the Corridor for

the residents of, and visitors to, the Corridor

area;

(3) a primary responsibility for conserving,

preserving, protecting, and promoting the

benefits resides with the State of South

Carolina and the units of local government

having jurisdiction over the Corridor area;

and

(4) in view of the longstanding Federal

practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance, and in view of the national

significance of the Corridor, the Federal

Government has an interest in assisting the

State of South Carolina, the units of local

government of the State, and the private

sector in fulfilling the responsibilities described in paragraph (3).

(b) PURPOSES.—The purposes of this Act

are—

(1) to protect, preserve, conserve, restore,

promote, and interpret the significant land

and water resource values and functions of

the Corridor;

(2) to encourage and support, through financial and technical assistance, the State

of South Carolina, the units of local government of the State, and the private sector in

the development of a management action

plan for the Corridor to ensure coordinated

public and private action in the Corridor

area in a manner consistent with subsection

(a);

(3) to provide, during the development of

an integrated Corridor Management Action

Plan, Federal financial and technical assistance for the protection, preservation, and

conservation of land and water areas in the

Corridor that are in danger of being adversely affected or destroyed;

(4) to encourage and assist the State of

South Carolina and the units of local government of the State to identify the full range

of public and private technical and financial

assistance programs and services available

to implement the Corridor Management Action Plan;

(5) to encourage adequate coordination of

all government programs affecting the land

and water resources of the Corridor; and

(6) to develop a management framework

with the State of South Carolina and the

units of local government of the State for—

(A) planning and implementing the Corridor Management Action Plan; and

(B) developing policies and programs that

will preserve, conserve, protect, restore, enhance, and interpret the cultural, historical,

natural, economic, recreational, and scenic

resources of the Corridor.

SEC. 3. DEFINITIONS.

In this Act:

(1) COMMISSION.—The term ‘‘Commission’’

means the South Carolina National Heritage

Corridor Commission established by section

5.

(2) CORRIDOR.—The term ‘‘Corridor’’ means

the South Carolina National Heritage Corridor established by section 4.

(3) CORRIDOR MANAGEMENT ACTION PLAN.—

The term ‘‘Corridor Management Action

Plan’’ means the management action plan

developed under section 7.

(4) GOVERNOR.—The term ‘‘Governor’’

means the Governor of the State of South

Carolina.

(5) SECRETARY.—The term ‘‘Secretary’’

means the Secretary of the Interior.

SEC. 4. SOUTH CAROLINA NATIONAL HERITAGE

CORRIDOR.

(a) ESTABLISHMENT.—There is established

in the State of South Carolina the South

Carolina National Heritage Corridor.

(b) BOUNDARIES.—

(1) IN GENERAL.—The boundaries of the Corridor are generally the boundaries of the

western counties of the State of South Carolina, extending from the western Piedmont

along the Savannah Valley to Augusta,

Georgia, along the route of the old Southern

Railroad, along the Ashley River to Charleston.

(2) INCLUDED COUNTIES.—The Corridor shall

consist of the following counties of South

Carolina, in part or in whole, as the Commission may specify on the recommendations of

the units of local government within the

Corridor area:

(A) Oconee.

(B) Pickens.

(C) Anderson.

(D) Abbeville.

(E) Greenwood.

(F) McCormick.

(G) Edgefield.

(H) Aiken.

(I) Barnwell.

(J) Orangeburg.

(K) Bamberg.

(L) Dorchester.

(M) Colleton.

(N) Charleston.

(3) DETAIL.—The boundaries shall be specified in detail in the Corridor Management

Action Plan.

SEC. 5. SOUTH CAROLINA NATIONAL HERITAGE

CORRIDOR COMMISSION.

(a) ESTABLISHMENT.—

(1) IN GENERAL.—There is established the

South Carolina National Heritage Corridor

Commission.

(2) RESPONSIBILITIES.—The Commission

shall assist Federal, State, and local authorities and the private sector in developing and

implementing the Corrridor Management

Action Plan.

(b) MEMBERSHIP.—The Commission shall be

composed of 23 members, appointed by the

Secretary as follows:

(1) One member shall be the Director of the

National Park Service, or a delegate of the

Director, who shall be a nonvoting member.

(2) Six members shall be appointed from

among recommendations submitted by the

Governor, as follows:

(A) One member shall represent the interests of the South Carolina Department of

Parks, Recreation, and Tourism or a successor agency to the department.

(B) One member shall represent the South

Carolina Department of Natural Resources

or a successor agency to the department.

(C) One member shall represent the South

Carolina Arts Commission or a successor

agency of the commission.
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6807

(D) One member shall represent the South

Carolina Museum Commission or a successor

agency to the commission.

(E) One member shall represent the South

Carolina State Historic Preservation Office

or a successor agency to the office.

(F) One member shall represent the South

Carolina Department of Commerce or a successor agency to the department.

(3) Fourteen members shall be appointed

from among recommendations submitted by

the county commissioners, of which 1 member shall be appointed from each of the counties of Oconee, Pickens, Anderson, Abbeville,

Greenwood, McCormick, Edgefield, Aiken,

Barnwell, Orangeburg, Bamberg, Dorchester,

Colleton, and Charleston of the State of

South Carolina. The recommendations submitted by each county shall be based on recommendations from community visitor

councils located within the county.

(4) One member with knowledge and experience in the field of historic preservation

shall be appointed from among recommendations submitted by the Director of the National Park Service.

(5) One member shall be appointed from

among recommendations submitted by the

South Carolina Downtown Development Association.

(c) PERIOD OF APPOINTMENT.—

(1) IN GENERAL.—Except as provided in

paragraph (2), each member of the Commission shall be appointed to serve a term of 3

years and, on expiration of a term, may be

reappointed to serve for 1 or more additional

terms.

(2) LIMITED APPOINTMENTS.—The members

appointed under subsection (b) (2), (4), and (5)

shall be appointed to serve a term of 2 years

and, on expiration of a term, may be

reappointed to serve for 1 or more additional

terms.

(d) INITIAL APPOINTMENTS.—The Secretary

shall appoint the initial members of the

Commission not later than 180 days after the

date of enactment of this Act.

(e) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which

the initial appointment was made. A member

of the Commission appointed to fill a vacancy shall serve for the remainder of the

term for which the initial member was appointed. A member of the Commission appointed for a definite term may serve after

the expiration of the term until a successor

is appointed.

(f) CHAIRPERSON.—The members of the

Commission shall elect a Chairperson from

among the members of the Commission. The

Chairperson shall serve as Chairperson for

the duration of the term for which the Chairperson was appointed.

(g) QUORUM.—A simple majority of Commission members shall constitute a quorum,

but a lesser number may hold meetings. The

affirmative vote of not less than 11 members

of the Commission shall be required to approve the budget of the Commission.

(h) MEETINGS.—The Commission shall meet

at least quarterly or at the call of the Chairperson or a majority of its members. Meetings of the Commission shall be subject to

section 552b of title 5, United States Code.

(i) PERSONNEL MATTERS.—

(1) COMPENSATION OF MEMBERS.—Each

member of the Commission who is not an officer or employee of the Federal Government

shall serve without compensation. Each

member of the Commission who is an officer

or employee of the Federal Government shall

serve without compensation in addition to

compensation received for service an officer

or employee of the Federal Government.

(2) TRAVEL EXPENSES.—The members of the

Commission, when engaged in Commission

business, shall be allowed travel expenses,

including per diem in lieu of subsistence, at

rates authorized for persons employed intermittently in the Government service under

section 5703 of title 5, United States Code.

(j) STAFF.—

(1) IN GENERAL.—The Commission may,

without regard to civil service laws (including regulations), appoint and fix the compensation of such staff members as are necessary to enable the Commission to carry

out its duties. The Commission may appoint

a Director and other officers as the Commission considers necessary or appropriate. The

Commission may appoint to the staff such

specialists as the Commission considers necessary or appropriate to carry out the duties

of the Commission, including specialists in

the areas of planning, community development, interpretive services, historic preservation, recreation, natural resources, commerce and industry, education, financing,

and public relations.

(2) COMPENSATION.—The Commission may

fix the compensation of the Director and

other staff members without regard to the

provisions of chapter 51 and subchapter III of

chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that no staff

member may receive pay in excess of the annual rate payable for grade level GS–15 of the

General Schedule.

(k) EXPERTS AND CONSULTANTS.—Subject to

such rules as the Commission may adopt, the

Commission may procure temporary and

intermittent services under section 3109(b) of

title 5, United States Code, at rates determined by the Commission to be reasonable.

(l) DETAIL OF GOVERNMENT EMPLOYEES.—

On request of the Commission, the head of

any Federal agency may detail, on a reimbursable basis, the personnel of the agency

to the Commission to assist the Commission

in carrying out the duties of the Commission. The Commission may accept the services of personnel detailed from the State of

South Carolina, or any political subdivision

of the State, and may reimburse the State or

political subdivision for the services.

(m) ADMINISTRATIVE SUPPORT.—The Administrator of General Services shall provide

such administrative support services as the

Commission may request, on a reimbursable

basis.

SEC. 6. POWERS OF THE COMMISSION.

(a) PUBLIC MEETINGS.—The Commission

may, for the purpose of carrying out this

Act, hold such public meetings, sit and act

at such times and places, take such testimony, and receive such evidence, as the

Commission considers appropriate. The Commission may not issue subpoenas or exercise

subpoena authority.

(b) BYLAWS.—The Commission may make

such bylaws, rules, and regulations, consistent with this Act, as the Commission considers necessary to carry out its functions

under this Act.

(c) POWERS OF MEMBERS AND AGENTS.—Any

member or agent of the Commission, if authorized by the Commission, may take any

action that the Commission is authorized to

take under this section.

(d) MAILS.—The Commission may use the

United States mails in the same manner and

under the same conditions as other departments and agencies of the United States.

(e) USE OF FUNDS TO OBTAIN MONEY.—The

Commission may use its funds to obtain

money from any source under any program

or law requiring the recipient of the money

to make a contribution in order to receive

the money.

(f) RETENTION OF REVENUES.—The Commission may retain revenue from the sale or

lease of any goods or services.

(g) GIFTS.—Notwithstanding any other law,

the Commission may seek and accept gifts,

bequests, and donations of funds, property,

or services from private individuals, foundations, corporations, and other private entities, and from public entities for the purpose

of carrying out its duties. For purposes of

section 170(c) of the Internal Revenue Code

of 1986, any donation to the Commission

shall be considered to be a gift to the United

States.

(h) ACQUISITION AND DISPOSITION OF REAL

PROPERTY.—

(1) IN GENERAL.—Except as provided in

paragraphs (2) and (3), the Commission may

not acquire real property or an interest in

real property.

(2) CONDITIONS FOR ACQUISITION.—Subject

to paragraph (3), the Commission may acquire real property or an interest in real

property in the Corridor—

(A) by gift or devise;

(B) by purchase from a willing seller using

donated or appropriated land acquisition

funds; or

(C) by exchange.

(3) CONVEYANCE.—Any real property or interest in real property acquired by the Commission shall be conveyed by the Commission to an appropriate public agency or private nonprofit organization, as determined

by the Commission—

(A) as soon as practicable after the acquisition; and

(B) on the condition that the real property

or interest in real property limits use of the

property to uses that are consistent with

this Act.

(4) DISPOSAL OF PROPERTY.—The Commission may, with approval of the Secretary,

sell any real property or interest in real

property acquired pursuant to paragraph (2)

(A) or (B) and retain the revenue from the

sale.

(i) TECHNICAL ASSISTANCE.—For the purposes of implementing the Corridor Management Action Plan, the Commission may provide technical assistance to Federal agencies, the State of South Carolina, political

subdivisions of the State, and persons (including corporations).

(j) ADVISORY GROUPS.—The Commission

may establish public technical advisory

groups to assist the Commission in carrying

out the duties of the Commission with respect to the areas of economic development,

historic preservation, natural resources,

tourism, recreation and open space, and

transportation. The Commission may establish such additional advisory groups as are

necessary to carry out the duties of the Commission and ensure open communication

with and assistance from interested persons

(including organizations), the State of South

Carolina, and political subdivisions of the

State.

(k) LOCAL AUTHORITY AND PRIVATE PROPERTY RIGHTS.—Nothing in this Act shall be

construed to authorize the Commission to

interfere with—

(1) the rights of any person with respect to

private property; or

(2) any local land use ordinance or plan of

the State of South Carolina or a political

subdivision of the State.

SEC. 7. DUTIES OF THE COMMISSION.

(a) IN GENERAL.—The Commission shall exercise powers authorized by section 6 to coordinate activities of Federal, State, and

local governments and private businesses

and organizations to further historic preservation, cultural conservation, natural area

protection, soil conservation, timber management, and economic development in a

manner consistent with this Act and in accordance with the Corridor Management Action Plan developed under subsection (b).

(b) CORRIDOR MANAGEMENT ACTION PLAN.—

(1) PERIOD FOR DEVELOPMENT.—Not later

than 18 months after the date on which the
S6808 CONGRESSIONAL RECORD — SENATE May 17, 1995

Commission conducts its first meeting, the

Commission shall submit a Corridor Management Action Plan for the Corridor to the

Secretary and to the Governor for review

and approval.

(2) PLAN REQUIREMENTS.—The Corridor

Management Action Plan shall take into

consideration State, county, and local plans

existing on the date on which the Corridor

Management Action Plan is prepared. The

Corridor Management Action Plan shall—

(A) provide an inventory that includes any

real property in the Corridor that should be

conserved, protected, preserved, restored,

managed, developed, or maintained because

of the natural, cultural, historic, recreational, or scenic significance of the property;

(B) provide an analysis of then current and

potential land uses within the Corridor that

affect the character of the Corridor;

(C) determine the boundaries of the Corridor on the basis of the information collected pursuant to subparagraphs (A) and

(B);

(D) recommend advisory standards and criteria applicable to the construction, preservation, restoration, alteration, and use of

real property of natural, cultural, historic,

recreational, or scenic significance within

the Corridor;

(E) include a heritage interpretation plan

to interpret the resources and values of the

Corridor and provide for appropriate educational, recreational, and tourism opportunities and development of the Corridor;

(F) identify the full range of public and

private technical and financial assistance

programs available to implement the Corridor Management Action Plan and detail

how appropriate Federal, State, and local

programs may best be coordinated to promote the purposes of this Act; and

(G) contain a coordinated implementation

plan that—

(i) specifies the activities of Federal,

State, and local governments in relation to

the Corridor; and

(ii) includes cost estimates, schedules, and

a commitment of resources for the accomplishment of the implementation plan.

(c) APPROVAL OF PLAN.—

(1) APPROVAL BY GOVERNOR.—Not later

than 60 days after receiving a Corridor Management Action Plan submitted by the Commission under subsection (b), the Governor

shall approve or disapprove the Corridor

Management Action Plan.

(2) APPROVAL BY SECRETARY.—A Corridor

Management Action Plan approved by the

Governor under paragraph (1) shall be submitted to the Secretary for approval or disapproval. Not later than 30 days after receipt

of the Corridor Management Action Plan,

the Secretary shall approve or disapprove

the Corridor Management Action Plan.

(3) CRITERIA FOR DECISION.—The Governor

and the Secretary shall approve a Corridor

Management Action Plan if—

(A) the Corridor Management Action Plan

will adequately protect the significant natural, cultural, historic, recreational, and scenic resource values and functions of the Corridor;

(B) the Commission has afforded adequate

opportunity for public involvement in the

preparation of the Corridor Management Action Plan; and

(C) the Secretary and the Governor receive

adequate assurances from appropriate officials of the State of South Carolina that the

recommended implementation program identified in the Corridor Management Action

Plan will be initiated within a reasonable

time after the date of approval of the Corridor Management Action Plan.

(d) DISAPPROVAL OF PLAN.—

(1) IN GENERAL—If the Secretary or the

Governor disapproves a Corridor Management Action Plan, the Secretary or the Governor, as the case may be, shall—

(A) advise the Commission in writing of

the reasons for the disapproval; and

(B) recommend revisions to the Corridor

Management Action Plan.

(2) REVISION OF DISAPPROVED PLAN.—Not

later than 90 days after the receipt of a notice of disapproval under paragraph (1), the

Commission shall revise and resubmit the

Corridor Management Action Plan for approval in accordance with subsection (c).

(e) IMPLEMENTATION OF PLAN.—

(1) IN GENERAL.—After the Secretary and

the Governor review and approve a Corridor

Management Action Plan, the Commission

shall implement the Corridor Management

Action Plan by taking appropriate steps to—

(A) conserve, protect, restore, preserve,

and interpret the natural, cultural, and historic resources of the Corridor;

(B) promote the educational and recreational resources and opportunities with

respect to the Corridor that are consistent

with the resources of the Corridor; and

(C) support public and private efforts to

achieve economic revitalization, in a manner

consistent with the goals of the Corridor

Management Action Plan.

(2) STEPS.—The steps referred to in paragraph (1) may include—

(A) assisting State and local governmental

entities and nonprofit organizations in planning and implementing programs, projects,

or activities in a manner consistent with

this Act, including visitor use facilities, tour

routes, and exhibits;

(B) encouraging, by appropriate means, enhanced economic development in the Corridor in a manner consistent with the goals

of the Corridor Management Action Plan;

and

(C) promoting public awareness and appreciation for historical, cultural, natural, recreational, and scenic resources and associated values of the Corridor.

(f) ANNUAL REPORTS.—

(1) REPORT OF THE COMMISSION.—As soon as

practicable after the end of the first fiscal

year in which the Commission is established,

and annually thereafter, the Commission

shall submit a report to the Secretary. The

report shall describe, for the fiscal year that

is the subject of the report—

(A) the expenses and income of the Commission; and

(B) a general description of the activities

of the Commission.

(2) REPORT OF THE SECRETARY.—As soon as

practicable after the date on which the Commission submits a report to the Secretary

under paragraph (1), the Secretary shall submit a report to Congress that includes—

(A) for the fiscal year that is the subject of

the report—

(i) a description of the loans, grants, and

technical assistance provided by the Secretary, and from other Federal and non-Federal sources, to carry out this Act; and

(ii) an analysis of the adequacy of actions

taken to carry out this Act; and

(B) a statement of the amount of funds and

number of personnel that the Secretary anticipates will be made available to carry out

this Act for the fiscal year following the fiscal year that is the subject of the report.

SEC. 8. TERMINATION OF THE COMMISSION.

(a) TERMINATION.—

(1) IN GENERAL.—Except as provided in subsection (b), the Commission shall terminate

on the date that is 12 years after the date of

enactment of this Act.

(2) TRANSFER OF PROPERTY.—Notwithstanding the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 471 et seq.),

any property or funds of the Commission remaining upon the expiration of the Commission shall be transferred by the Commission

to the Secretary, to a State or local government agency, to a private nonprofit organization referred to in section 501(c)(3) of the

Internal Revenue Code of 1986 that is exempt

from income taxes under section 501(a) of the

Internal Revenue Code of 1986, or to any

combination of the foregoing.

(b) EXTENSIONS.—The Commission may be

extended for a period of not more than 5

years beginning on the date referred to in

subsection (a) if, not later than 180 days before that date—

(1) the Commission determines that an extension is necessary to carry out this Act;

(2) the Commission submits the proposed

extension to the Committee on Resources of

the House of Representatives and the Committee on Energy and Natural Resources of

the Senate before the termination date; and

(3) the Secretary and the Governor approve

the extension.

SEC. 9. DUTIES OF THE SECRETARY.

(a) ASSISTANCE.—On request of the Commission, and subject to the availability of

funds appropriated specifically for the purpose, or made available on a reimbursable

basis, the Secretary shall provide administrative, technical, financial, development,

and operations assistance. The assistance

may include—

(1) general administrative support in planning, finance, personnel, procurement, property management, environmental and historical compliance, and land acquisition;

(2) personnel;

(3) office space and equipment;

(4) planning and design services for visitor

use facilities, trails, interpretive exhibits,

publications, signs, and natural resource

management;

(5) development and construction assistance, including visitor use facilities, trails,

river use and access facilities, scenic byways,

signs, waysides, and rehabilitation of historic structures; and

(6) operations functions, including interpretation and visitor services, maintenance,

and natural resource management services

conducted within the boundaries of the Corridor.

(b) LOANS, GRANTS, AND COOPERATIVE

AGREEMENTS.—For the purposes of assisting

in the development and implementation of

the Corridor Management Action Plan, the

Secretary may, in consultation with the

Commission, make loans and grants to, and

enter into cooperative agreements with, the

State of South Carolina (or a political subdivision of the State), private nonprofit organizations, corporations, or other persons.

(c) LAND TRANSFERS.—The Secretary may

accept transfers of real property from the

Commission within the boundaries of the

Corridor as established in the Corridor Management Action Plan.

SEC. 10. DUTIES OF OTHER FEDERAL ENTITIES.

Any Federal entity conducting or supporting activities directly affecting the Corridor

shall—

(1) consult with the Secretary and the

Commission with respect to such activities;

(2) cooperate with the Secretary and the

Commission in carrying out their duties

under this Act and, to the maximum extent

practicable, coordinate those activities with

the carrying out of those duties; and

(3) to the maximum extent practicable,

conduct or support those activities in a manner that the Commission determines will not

have an adverse effect on the Corridor.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Subject to subsection (b),

there are authorized to be appropriated such

sums as are necessary to carry out this Act.
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6809

(b) COST SHARING.—

(1) FEDERAL SHARE.—The Federal share of

the funding provided to the Commission to

carry out this Act for any year may not exceed 50 percent of the total cost of—

(A) the expenditures of the Commission for

administrative matters for that year;

(B) the expenditures of the Commission for

the development and implementation of the

Corridor Management Action Plan for that

year; and

(C) the expenditures of the Commission for

land acquisition for that year.

(2) NON-FEDERAL SHARE.—The non-Federal

share of the expenditures described in paragraph (1) may be in the form of cash, services, or in-kind contributions, fairly valued.

Mr. HOLLINGS. Mr. President, I am

privileged today to join with Senator

THURMOND in introducing the South

Carolina National Heritage Corridor

Act of 1995. This act aims to protect,

restore, and promote the South Carolina National Historic Corridor—a 200-

mile-long, 14 county swath in the western part of the State, running along

the Savannah River Valley from the

foothills of the Piedmont to North Augusta, at which point it follows the

route of the old Hamburg-to-Charleston railroad all the way to Charleston.

This act has several objectives. It

would protect the significant land and

water resources of the national heritage corridor. It would support, through

financial and technical assistance, the

State and local governments, as well as

the private sector, in developing a

management action plan for the corridor. And it would create a management framework to bring together the

State and local governments to jointly

develop policies and programs to conserve and enhance the cultural, natural, economic, recreational, and scenic

resources of the corridor.

Mr. President, the historic corridor

concept has been used by a variety of

public and private groups across the

Nation to encourage historic and natural preservation, and to promote tourism and economic revitalization. The

approach has been used successfully in

the Blackstone River Valley National

Heritage Corridor in Rhode Island and

Massachusetts, in the lower Eastern

Shore of Maryland, in the Lackawanna

River Valley in Pennsylvania, and elsewhere. The heritage corridor concept

offers a flexible way for government

and private organizations to work together to promote economic growth

and job creation.

Mr. President, with industry concentrated in a limited number of urban

areas, it is no secret that small, scenic,

towns, and rural areas are looking to

tourism as a means of strengthening

and diversifying their declining economies. The heritage corridor concept offers an opportunity for many communities to work cooperatively and pool

their resources in order to boost tourism.

The South Carolina Heritage Corridor originated with a tourism committee in the city of Abbeville, SC, and

has grown to include 14 counties and

over 40 towns and rural communities.

This is a grassroots movement that has

captured the imagination and enthusiasm of citizens across the western

part of my State. The South Carolina

Heritage Corridor is well conceived and

holds tremendous promise for my

State. I urge my colleagues’ support

for this important bill.

EXHIBIT 1

SOUTH CAROLINA STATE MUSEUM,

Columbia, SC.

JOAN DAVIS,

Community Development Division, S.C. Dept. of

Parks, Recreation and Tourism, Columbia,

SC.

DEAR JOAN: I am intrigued with the concept of developing a Heritage Corridor in

fourteen counties along South Carolina’s

western boundary. Stretching from Charleston to the mountains the proposed corridor

would take in all of the elements that have

characterized South Carolina for the past

three centuries.

Beginning in Charleston, one of the most

cosmopolitan of American cities before 1860,

the corridor follows the route of the old

South Carolina Railroad through Colleton,

Bamberg, Barnwell and into Aiken County.

When completed in 1831 this was the longest

railroad in the world. Prior to the civil War

this area was dotted with cotton plantations,

the predominant economic factor in the

state’s antebellum years. In Aiken’s

Horsecreek Valley the state’s textile industry was born during the 1830’s. Only a few

miles away the Savannah River Site was the

nation’s supplier of plutonium for nuclear

weapons during the Cold War years. From

North August, the terminus of the old South

Carolina Railroad, the proposed corridor follows the Savannah Valley to the foothills in

Oconee County.

Also a major cotton producing area before

1860, Edgefield County was home to ten governors, a remarkable number for a small

county. Beginning in the 1820’s the production of alkaline glazed stoneware began in

Edgefield and subsequently spread throughout the South. Originally produced as utilitarian storage ware, today Edgefield pottery

is a highly prized collectible.

The corridor continues along the Savannah

Valley through once prosperous cotton fields

into Anderson County, a major center of the

state’s textile industry. Around Anderson

one finds both traditional textile companies

as well as a recent influx of major multinational corporations.

The last section of the corridor takes one

to the foothills of the Appalachian Mountains. A journey through the proposed corridor encompasses all of South Carolina’s

past and present. From cosmopolitan

Charleston in the 1700’s with its wealthy

merchants and rice planters to the challenges facing low income residents of the Appalachians, the corridor crosses not only the

state’s entire geography, but also encompasses all of the state’s peoples.

Historic sites, natural resources, cultural

diversity and modern manufacturing successes are all part of the proposed corridor. A

visitor who journeys through the corridor

certainly departs with an understanding of

South Carolina’s history and development,

as well as an appreciation for the state’s diverse geography and natural features.

This proposed corridor has several components of national significance. As the cotton

culture spread through this area more and

more planters became entrenched in defending slavery, contributing to the forces that

lead to the Civil War. Leading proslavery advocates John C. Calhoun and James Henry

Hammond lived in the corridor. As residences of the area their theories on states

rights and slavery evolved from personal experiences.

After the war the development of the textile industry in the corridor changed the

focus of South Carolina’s economy from an

agricultural to an industrial base, a phenomena which subsequently spread across the

South. Finally, the location of the Savannah

River Site in the center of the corridor reflects not only the Cold War strategy of the

United States, but also the challenge of the

cleanup facing all the nuclear production facilities across the country.

Sincerely,

RODGER E. STROUP, Ph.D.,

Director of Collections and Interpretation.

EXHIBIT 2

STATE OF SOUTH CAROLINA,

OFFICE OF THE GOVERNOR

Columbia, SC, April 5, 1995.

Hon. STROM THURMOND,

Russell Senate Office Building,

Washington, DC.

DEAR SENATOR: Developing the economies

of the rural areas of our state requires that

we employ creative non-traditional economic development methods. One such method is the application of a deliberate strategy

to capitalize on the economic value of the

rich cultural heritage and natural resources

embodied in many of the rural areas of our

state. Cultural or heritage tourism is one of

the fastest growing trends in tourism. The

resulting potential for job creation and tourism-related investment, if properly managed,

can be a significant factor in the economic

growth of these rural communities.

The proposed designation of a fourteen

county region of our state as a South Carolina National Heritage Corridor represents a

significant step forward in our efforts to recognize and capture this valuable economic

resource. This is an area rich in cultural and

natural resources with an important American story to tell. What happened along this

corridor set in motion a style of socio-economic development that spread throughout

the lower South and Southwest and eventually led to the industrialization of the region

as well as war between the states. It tells the

story of the development of agriculture, industry and transportation in the South.

The direct effort from the state level, I

have designated the Department of Parks,

Recreation and Tourism through its Community Development program, to be responsible

for staffing this effort and providing a broad

array of support for the South Carolina Heritage Corridor.

We all recognize the tremendous importance and long-range benefit of the initiative

for South Carolina, and are particularly

pleased that the proposed area includes your

hometown of Edgefield.

Thank you for your assistance.

Sincerely,

DAVID M. BEASLEY,

Governor.

By Mr. MURKOWSKI:

S. 813. A bill to amend the Pennsylvania Avenue Development Corporation Act of 1972 to authorize appropriations for implementation of the development plan for Pennsylvania Avenue

between the Capitol and the White

House, and for other purposes; to the

Committee on Energy and Natural Resources.

THE PENNSYLVANIA AVENUE DEVELOPMENT

CORPORATION AMENDMENT ACT

∑ Mr. MURKOWSKI. Mr. President, I

introduced a bill, at the request of the
S6810 CONGRESSIONAL RECORD — SENATE May 17, 1995

administration, to amend the Pennsylvania Avenue Development Corporation Act of 1972, to authorize appropriations for implementation of the development plan for Pennsylvania Avenue between the Capitol and the White

House, and for other purposes.

The bill, when enacted, would authorize appropriations for salaries and

expenses for the Pennsylvania Avenue

Development Corporation [PADC] for

fiscal years 1996 and 1997. PADC is the

agency which is responsible for the revitalization of the Pennsylvania area

between the White House and the Capitol. Since PADC was created by an act

of Congress in 1972, it has achieved notable success in transforming America’s Main Street from ‘‘a scene of desolation,’’ in the words of a Presidential

commission formed in the late 1960’s to

study the condition of the avenue, to a

great boulevard worthy of its role in

the Nation’s history and its place in

the center of the Nation’s Capital City.

PADC is a successful example of how

Government can work in partnership

with the private sector to achieve beneficial results for both. Since PADC’s

work began, it has spent $120 million in

appropriations to build new parks, plazas, sidewalks, and other kinds of improvements to the public areas and attracted over $1.5 billion in private investment to the blocks on the north

side of Pennsylvania Avenue. From the

Willard Hotel to the Canadian Embassy, virtually every one of the buildings that one sees in walking or driving

down the avenue from the Treasury

Building to the Capitol has been constructed or restored since PADC began

its block development program in 1978,

guided by a master plan approved by

Congress in 1975. Now over 20 privately

funded office, retail, hotel, and residential structures border a public thoroughfare improved with seven parks

and plazas and widened sidewalks.

With only a few blocks remaining uncommitted for development, PADC is

close to finishing its master plan and is

scheduled to terminate operation at

the end of fiscal year 1997. The bill I am

introducing, by request of the administration, will allow the PADC’s 27-person staff to complete its original mission to economically revitalize and

beautify Pennsylvania Avenue.

Mr. President, I ask unanimous consent that additional material be printed in the RECORD.

There being no objection, the material was ordered to be printed in the

RECORD, as follows:

PENNSYLVANIA AVENUE

DEVELOPMENT CORPORATION,

Washington, DC, March 22, 1995.

Hon. ALBERT GORE,

President of the Senate,

Washington, DC.

DEAR MR. PRESIDENT: Enclosed is a draft

bill, ‘‘To amend the Pennsylvania Avenue

Development Corporation Act of 1972 to authorize appropriations for implementation of

the development plan for Pennsylvania Avenue between the Capitol and the White

House, and for other purposes.’’ A similar

package has been transmitted to the Speaker

of the House.

The draft bill would amend the Pennsylvania Avenue Development Corporation Act of

1972 (86 Stat. 1266, 40 U.S.C. 871, as amended)

to authorize appropriations of $3,043,000 for

fiscal year 1996 and such sums as may be necessary for fiscal year 1997 for the operating

and administrative expenses of the Pennsylvania Avenue Development Corporation.

The draft bill is part of the Pennsylvania

Avenue Development Corporation’s legislative program for the 104th Congress. The Administration recommends the draft bill be

introduced, referred to the appropriate committee for consideration, and enacted.

The Office of Management and Budget advises that there is no objection to the presentation of this legislation for consideration

of Congress, and that enactment of the legislation would be in accord with the program

of the President.

Sincerely,

RICHARD A. HAUSER,

Chairman.∑

By Mr. MCCAIN (for himself, Mr.

INOUYE, and Mr. DOMENICI):

S. 814. A bill to provide for the reorganization of the Bureau of Indian Affairs, and for other purposes; to the

Committee on Indian Affairs.

THE BUREAU OF INDIAN AFFAIRS

REORGANIZATION ACT

∑ Mr. MCCAIN. Mr. President, I am

pleased to introduce legislation to reorganize and restructure the Bureau of

Indian Affairs. I am very pleased to be

joined by Senators INOUYE and DOMENICI as original cosponsors of this legislation. This legislation is intended to

stimulate discussion in the Congress

and among the tribes on the reorganization of the Bureau of Indian Affairs.

Since 1834, the Congress, the administration, and the American Indian people have tried to reorganize and reform

the Bureau of Indian Affairs. Like the

crusades of history, with each change

in administration the assembled bureaucrats have gone charging off in one

direction or another, commissioning

studies or writing reports on the BIA,

downsizing, centralizing, or decentralizing, whatever the political whim

of the day dictated. From the Meriam

Report in 1929 to the joint tribal/BIA/

DOI reorganization task force report,

the Congress has commissioned report

after report on how to reform the way

this Nation deals with native Americans and their governments. Since the

establishment of the BIA in 1824, there

have been over 1,050 investigations, reports, commissions, and studies detailing how the BIA should be restructured, reorganized, or reformed. To

measure the success of all of these efforts, one needs only to look at the statistics in the most recent census.

Nearly one of every three native

Americans in this Nation is living in

poverty. One-half of the families living

on reservations are living in poverty.

One-half of the Indian children under

the age of six living on reservations are

living in poverty. Unemployment on

Indian reservations exceeds 25 percent.

For every $100 earned by U.S. families,

Indian families earn $62. The per capital income for an Indian living on the

reservation is $4,478. There are approximately 90,000 Indian families who are

homeless or underhoused. Nearly one

in five Indian families living on the

reservation are classified as severely

overcrowded. One out of every five Indian homes lack complete plumbing facilities. These simple conveniences,

that the rest of us take for granted, remain out of the grasp of many Indian

families.

Since its creation in 1824, native

Americans have relied on the Bureau of

Indian Affairs as the principle agency

of the Federal Government which is responsible for meeting this Nation’s

trust responsibility to American Indians and Alaska Natives. And yet based

on its own studies and investigations,

the Bureau of Indian Affairs has failed

miserably in carrying out this Nation’s

solemn obligations to American Indians. If the health, social, and economic

conditions on Indian reservations are

the measure of our performance as the

trustee for American Indians, then as a

nation we have failed miserably.

It is time to change the way this Nation deals with American Indians. It is

time to bring an end to the long and

dismal history of the failures of the

Federal Government to carry out its

trust responsibilities to American Indians. It is time to break down the barriers to true tribal self-governance and

self-determination by providing Indian

tribes with the authority to design

both the structure and function of its

trustee, the Bureau of Indian Affairs. I

remain convinced that we will not

make significant improvements in the

living conditions on most reservations

without a major reform of the Bureau

of Indian Affairs.

Today, I am introducing legislation

which will provide Indian tribes with

the authority to reorganize and restructure the Bureau of Indian Affairs

at each level of the government. It provides Indian tribes with the ability to

tailor the Bureau of Indian Affairs to

meet their unique circumstances and

needs. It will allow tribes to shape and

redefine the trust relationship with the

Federal Government.

This legislation is the culmination of

over 4 years of work by Indian tribes,

the administration, and the Congress.

This bill reflects the recommendations

of the joint tribal/BIA/DOI reorganization task force, which was established

at the direction of former Interior Secretary Lujan. Over the course of 4

years, the task force held 22 meetings

across all parts of Indian country to

develop their recommendations for the

reorganization of the Bureau of Indian

Affairs. These recommendations fall

into four general categories: Organizational reform, regulatory reform, education reform, and budget reform. The

guiding principles established by the

joint tribal/BIA/DOI reorganization

task force are to decentralize decisionmaking of the Bureau of Indian Affairs,

to provide maximum funding to Indian

tribes for service delivery, to maintain
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6811

the flexibility of the area/agency organizational design, to establish well-defined Federal and tribal roles at all levels of the bureaucracy, and to create a

tribal-Federal consultation process to

govern all aspects of the reorganization.

The legislation I am introducing

closely adheres to the spirit and intent

of the report of the joint tribal/BIA/

DOI reorganization task force. This bill

will provide for the reorganization of

the BIA at the agency, area and central

offices with savings attendant to such

reorganization to be allocated to the

tribes. It will provide for the transfer

or delegation of decisionmaking authority to the tribe or the agency level

of the BIA, consistent with the principles of self-governance and self-determination. The bill provides the authority to Indian tribes to develop, in negotiations with the Interior Department,

reorganization plans for the area and

agency offices of the Bureau of Indian

Affairs. These plans may include a reorganization of BIA organizational

structures, reallocation of personnel,

delegations of secretarial authority,

transfers of functions, waivers of regulations or other authorities, reordering

of funding priorities, and the transfer

of any savings realized by such reorganization directly to the tribes.

The bill also provides for the reorganization of the central office of the BIA

so that Indian tribes from each area office can determine how the central office resources used to provide services

to their area should be allocated.

Tribes in each area of the BIA will be

able to determine what services will be

provided by the central office, what

funds and authorities should be distributed or delegated to the area and agency offices and what funds and authorities should be distributed or delegated

to the tribes themselves. Finally, the

bill will require the Secretary to repeal

the provisions of the BIA manual. Any

provision of the BIA manual which are

deemed necessary will have to be promulgated as regulations subject to review and comment. The bill will also

provide for the establishment of a tribal task force to recommend regulatory

reforms in title 25 of the Code of Federal Regulations.

The introduction of this legislation

marks only the first step in carrying

out the commitment made to Indian

tribes when the joint tribal/BIA/DOI reorganization task force was first chartered. I remain committed to work

with Indian tribes and the administration to realize the vision of those tribal

leaders who met for hundreds of hours

in developing recommendations to

bring real and necessary change to the

Bureau of Indian Affairs. I look forward to full and complete discussions

with tribal leaders on this legislation

and I urge all of our colleagues to join

with us to ensure prompt enactment of

legislation to reorganize the Bureau of

Indian Affairs.

Mr. President, I ask unanimous consent that the full text of the bill and

the accompanying section-by-section

analysis appear in the RECORD.

There being no objection, the material was ordered to be printed in the

RECORD, as follows:

S. 814

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE, TABLE OF CONTENTS,

AND DEFINITIONS.

(a) SHORT TITLE.—This Act may be cited as

the ‘‘Bureau of Indian Affairs Reorganization

Act of 1995’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Sec. 1. Short title, definitions, and table of

contents.

TITLE I—REORGANIZATION COMPACTS

Sec. 101. Reorganization of area offices.

Sec. 102. Reorganization of agency offices.

Sec. 103. Reorganization of central office.

Sec. 104. Savings provisions.

Sec. 105. Additional conforming amendments.

Sec. 106. Authorization of appropriations.

Sec. 107. Effective date.

Sec. 108. Separability.

Sec. 109. Suspension of certain administrative actions.

Sec. 110. Statutory construction.

TITLE II—AMENDMENT TO THE INDIAN

SELF-DETERMINATION ACT

Sec. 201. Budget development.

TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

Sec. 301. BIA Manual.

Sec. 302. Task force.

Sec. 303. Authorization of appropriations.

(c) DEFINITIONS.—For purposes of this Act,

the following definitions shall apply:

(1) AREA OFFICE.—The term ‘‘area office’’

means 1 of the 12 area offices of the Bureau

of Indian Affairs.

(2) AREA OFFICE PLAN.—The term ‘‘area office plan’’ means a plan for the reorganization of an area office negotiated by the Secretary and Indian tribes pursuant to section

101.

(3) AGENCY OFFICE.—The term ‘‘agency office’’ means an agency office of the Bureau of

Indian Affairs.

(4) AGENCY OFFICE PLAN.—The term ‘‘agency office plan’’ means a plan for the reorganization of an agency office negotiated by

the Secretary and Indian tribes pursuant to

section 102.

(5) BIA MANUAL.—The term ‘‘BIA Manual’’

means the most recent edition of the Bureau

of Indian Affairs Manual issued by the Department of the Interior.

(6) BUREAU.—The term ‘‘Bureau’’ means

the Bureau of Indian Affairs.

(7) CENTRAL OFFICE.—The term ‘‘central office’’ means the central office of the Bureau,

that is housed in the offices of the Department in Washington, D.C. and in Albuquerque, New Mexico.

(8) CENTRAL OFFICE PLAN.—The term

‘‘central office plan’’ means the plan for the

reorganization of the central office negotiated by the Secretary and Indian tribes

pursuant to section 103.

(9) DEPARTMENT.—The term ‘‘Department’’

means the Department of the Interior.

(10) DIRECTOR.—The term ‘‘Director’’

means, with respect to an area office, the Director of the area office.

(11) FUNCTION.—The term ‘‘function’’

means any duty, obligation, power, authority, responsibility, right, privilege, activity,

or program.

(12) INDIAN TRIBE.—The term ‘‘Indian

tribe’’ has the same meaning as in section

4(e) of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b(e)).

(13) SECRETARY.—The term ‘‘Secretary’’

means the Secretary of the Interior.

(14) SUPERINTENDENT.—The term ‘‘Superintendent’’ means the Superintendent of an

agency office.

(15) TRIBAL PRIORITY ALLOCATION ACCOUNT.—The term ‘‘tribal priority allocation

account’’, means an account so designated

by the Bureau, with respect to which program priorities and funding levels are established by individual Indian tribes.

(16) TRIBAL RECURRING BASE FUNDING.—The

term ‘‘tribal recurring base funding’’ means

recurring base funding (as defined and determined by the Secretary) for the tribal priority allocation accounts of an Indian tribe allocated to a tribe by the Bureau.

TITLE I—REORGANIZATION COMPACTS

SEC. 101. REORGANIZATION OF AREA OFFICES.

(a) IN GENERAL.—Notwithstanding any

other provision of law, not later than 120

days after the date of enactment of this Act,

the Secretary shall enter into negotiations

with the Indian tribes served by each area office to prepare a reorganization plan for the

area office.

(b) CONTENTS OF AREA OFFICE PLANS.—

(1) IN GENERAL.—Each area office plan that

is prepared pursuant to this subsection shall

provide for the organization of the area office covered under the plan. To the extent

that the majority of Indian tribes served by

the area office do not exercise the option to

maintain current organizational structures,

functions, or funding priorities pursuant to

paragraph (2), the reorganization plan shall

provide, with respect to the area office covered under the plan, for—

(A) the reorganization of the administrative structure of the area office;

(B) the reallocation of personnel (including

determinations of office size and functions);

(C) the delegation of authority of the Secretary to the Director;

(D) transfers of functions;

(E) the specification of functions—

(i) retained by the Bureau; or

(ii) transferred to Indian tribes served by

the area office;

(F) the issuance of waivers or other authorities by the Secretary so that functions

and other responsibilities of the Secretary

may be carried out by the area office or

transferred to Indian tribes;

(G) the promulgation of revised regulations

relating to the functions of the area office

that are performed by the area office or

transferred to Indian tribes;

(H) the reordering of funding priorities;

and

(I) a formula for the transfer, to the tribal

recurring base funding for each Indian tribe

served by the area office, of unexpended balances of appropriations and other Federal

funds made available to the area office in

connection with any function transferred to

Indian tribes pursuant to subparagraph

(E)(ii).

(2) SHARE OF FUNDING.—An area office plan

may include, for each Indian tribe served by

the area office, a determination of the share

of the Indian tribe of the funds used by the

area office to carry out programs, services,

functions and activities of the tribe (referred

to in this subsection as the ‘‘tribal share’’).

(3) OPTION OF MAINTENANCE OF CURRENT

STATUS.—At the option of a majority of the

Indian tribes served by an area office, a reorganization plan may provide for the continuation of organizational structures, functions,

or funding priorities of the area office that

are substantially similar to those in effect at

the time of the development of the area office plan.
S6812 CONGRESSIONAL RECORD — SENATE May 17, 1995

(4) APPROVAL OF AREA OFFICE PLAN BY INDIAN TRIBES.—Upon completion of the negotiation of an area office plan, the Secretary

shall submit the plan to the Indian tribes

served by the area office for approval. If a

majority of the Indian tribes approve the

area office plan by a tribal resolution pursuant to the applicable procedures established

by the Indian tribes, the Secretary shall

enter into a reorganization compact pursuant to subsection (c).

(5) SINGLE TRIBE AREA OFFICE.—In an area

office that serves only 1 Indian tribe, if the

tribe elects to develop a reorganization plan

for the area office, the Secretary shall enter

into negotiations with the tribe to prepare a

reorganization plan for the area office. Not

later than 60 days after the date on which a

reorganization plan referred to in the preceding sentence is approved by the Indian tribe,

the Secretary shall enter into a reorganization compact with the tribe to carry out the

area office plan.

(6) OPTION TO TAKE TRIBAL SHARE.—

(A) IN GENERAL.—If a majority of the Indian tribes served by an area office fail to approve an area office plan, an Indian tribe

may elect to receive directly the tribal share

of the Indian tribe.

(B) DETERMINATION OF TRIBAL SHARE.—If an

Indian tribe elects to receive a tribal share

under subparagraph (A), the Secretary shall

enter into negotiations with the Indian tribe

to determine the tribal share of the Indian

tribe.

(C) AGREEMENT.—Upon the determination

of a tribal share of an Indian tribe under subparagraph (B), the Secretary shall enter into

an agreement with the Indian tribe for transferring directly to the Indian tribe an

amount equal to the tribal share. The agreement shall include—

(i) a determination of the amount of residual Federal funds to be retained by the Secretary for the area office; and

(ii) the responsibilities of—

(I) the area office; and

(II) the Indian tribe.

(c) AREA OFFICE REORGANIZATION COMPACT.—

(1) IN GENERAL.—Not later than 60 days

after the date on which a majority of the Indian tribes served by the area office that is

the subject of a reorganization plan have approved the plan pursuant to subsection (b)(3),

the Secretary shall enter into an area office

reorganization compact with the Indian

tribes to carry out the area office plan (referred to in this subsection as the ‘‘area office reorganization compact’’). The Secretary may not implement the area office

plan until such time as the Indian tribes

have entered into an area office reorganization compact with the Secretary pursuant to

this paragraph. If the Indian tribes do not

enter into an area office reorganization compact with the Secretary pursuant to this

paragraph, the organizational structure,

functions, and funding priorities of the area

office in effect at the time of the development of the area office plan shall remain in

effect.

(2) PROHIBITION AGAINST CERTAIN LIMITATIONS.—With respect to an Indian tribe that

is not a party to an area office reorganization compact entered into by the Secretary

under this subsection, nothing in this section may limit or reduce the level of any

service or funding that the Indian tribe is entitled to pursuant to applicable Federal law

(including any contract that the Indian tribe

is entitled to enter into pursuant to applicable Federal law).

SEC. 102. REORGANIZATION OF AGENCY OFFICES.

(a) IN GENERAL.—Notwithstanding any

other provision of law, not later than 120

days after the date of enactment of this Act,

the Secretary, acting through the Superintendent (or a designee of the Superintendent) of each agency office, shall enter into

negotiations with the Indian tribes served by

each agency office to prepare an agency office plan for each agency office.

(b) CONTENTS OF AGENCY OFFICE PLANS.—

(1) IN GENERAL.—Each agency office plan

that is prepared by the Secretary pursuant

to this subsection shall provide for the organization of the agency office covered under

the plan. To the extent that the majority of

Indian tribes served by the agency office do

not exercise the option to maintain current

organizational structures, functions, or funding priorities pursuant to paragraph (2), the

agency office plan shall provide, with respect

to the agency office covered under the agency office plan, for—

(A) the reorganization of the administrative structure of the agency office;

(B) the reallocation of personnel (including

determinations of office size and functions);

(C) the delegation of authority of the Secretary to the Superintendent;

(D) transfers of functions;

(E) the specification of functions—

(i) retained by the Bureau; or

(ii) transferred to Indian tribes served by

the agency office;

(F) the issuance of waivers or other authorities by the Secretary so that functions

and other responsibilities of the Secretary

may be carried out by the agency office or

transferred to Indian tribes;

(G) the promulgation of revised regulations

relating to the functions of the agency office

that are carried by the agency office or

transferred to Indian tribes;

(H) the reordering of funding priorities;

and

(I) a formula for the transfer, to the tribal

recurring base funding for each Indian tribe

served by the agency office, of unexpended

balances of appropriations and other Federal

funds made available to the agency office in

connection with any function transferred to

Indian tribes pursuant to subparagraph

(E)(ii).

(2) SHARE OF FUNDING.—An agency office

plan may include, for each Indian tribe

served by the agency office, a determination

of the share of the Indian tribe of the funds

used by the agency office to carry out programs, services, functions and activities of

the tribe (referred to in this subsection as

the ‘‘tribal share’’).

(3) OPTION OF MAINTENANCE OF CURRENT

STATUS.—At the option of a majority of the

Indian tribes served by an agency office, an

agency office plan may provide for the continuation of organizational structures, functions, or funding priorities of the agency office that are substantially similar to those

in effect at the time of the development of

the agency office plan.

(4) APPROVAL OF AGENCY OFFICE PLAN BY INDIAN TRIBES.—Upon completion of the negotiation of an agency office plan, the Secretary shall submit the agency office plan to

the Indian tribes served by the agency office

for approval. If a majority of the Indian

tribes approve the agency office plan by a

tribal resolution pursuant to the applicable

procedures established by the Indian tribes,

the Secretary shall enter into a reorganization compact pursuant to subsection (c).

(5) SINGLE TRIBE AGENCY OFFICE.—In an

agency office that serves only 1 Indian tribe,

if the tribe elects to develop a reorganization

plan for the agency office, the Secretary

shall enter into negotiations with the tribe

to prepare a reorganization plan for the

agency office. Not later than 60 days after

the date on which a reorganization plan referred to in the preceding sentence is approved by the Indian tribe, the Secretary

shall enter into a reorganization compact

with the tribe to carry out the agency office

plan.

(6) OPTION TO TAKE TRIBAL SHARE.—

(A) IN GENERAL.—If a majority of the Indian tribes served by an agency office fail to

approve an agency office plan, an Indian

tribe may elect to receive directly the tribal

share of the Indian tribe.

(B) DETERMINATION OF TRIBAL SHARE.—If an

Indian tribe elects to receive a tribal share

under subparagraph (A), the Secretary shall

enter into negotiations with the Indian tribe

to determine the tribal share of the Indian

tribe.

(C) AGREEMENT.—Upon the determination

of a tribal share of an Indian tribe under subparagraph (B), the Secretary shall enter into

an agreement with the Indian tribe for transferring directly to the Indian tribe an

amount equal to the tribal share. The agreement shall include—

(i) a determination of the amount of residual Federal funds to be retained by the Secretary for the agency office; and

(ii) the responsibilities of—

(I) the agency office; and

(II) the Indian tribe.

(c) AGENCY OFFICE REORGANIZATION COMPACTS.—

(1) IN GENERAL.—Not later than 60 days

after the date on which a majority of the Indian tribes served by the agency office that

is the subject of an agency office plan have

approved the agency office plan pursuant to

subsection (b)(3), the Secretary shall enter

into a reorganization compact with the Indian tribes to carry out the agency office

plan (referred to in this subsection as the

‘‘agency office reorganization compact’’).

The Secretary may not implement the agency office plan until such time as the Indian

tribes have entered into an agency office reorganization compact with the Secretary

pursuant to this paragraph. If the Indian

tribes do not enter into an agency office reorganization compact with the Secretary

pursuant to this paragraph, the organizational structure, functions, and funding priorities of the agency office in effect at the

time of the development of the agency office

plan shall remain in effect.

(2) PROHIBITION AGAINST CERTAIN LIMITATIONS.—With respect to an Indian tribe that

is not a party to an agency office reorganization compact entered into under this subsection, nothing in this section may limit or

reduce the level of any service or funding

that the Indian tribe is entitled to pursuant

to applicable Federal law (including any contract that the Indian tribe is entitled to

enter into pursuant to applicable Federal

law).

(3) COORDINATION WITH AREA OFFICE

PLANS.—Each agency office reorganization

compact entered into by the Secretary under

this subsection shall specify that in the

event that the Secretary determines that the

agency office reorganization compact is inconsistent with an area office reorganization

compact entered into under section 101(c),

the Secretary, in consultation with the Indian tribes that are parties to the compact,

shall make such amendments to the agency

office reorganization compact entered into

under this subsection as are necessary to ensure consistency with the applicable area office plan.

SEC. 103. REORGANIZATION OF CENTRAL OFFICE.

(a) IN GENERAL.—Notwithstanding any

other provision of law, not later than 120

days after the date of enactment of this Act,

the Secretary shall enter into negotiations

with Indian tribes to develop a central office

plan. In developing the plan, the Secretary

shall enter into negotiations on an area-byarea basis with a representative from each of

the Indian tribes in each area, to determine
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6813

the appropriate allocation of personnel and

funding made available to the central office

to serve the area and agency offices and Indian tribes in each area office.

(b) CONTENT OF CENTRAL OFFICE PLAN.—

(1) IN GENERAL.—The central office plan

shall provide for determinations by the Secretary, on the basis of the negotiations described in subparagraph (a), concerning—

(A) which portion of the funds made available to the Secretary for the central office

shall—

(i) be used to support the area and agency

offices in each area; and

(ii) be considered excess funds that may be

allocated directly to Indian tribes in each

area pursuant to a formula developed pursuant to paragraph (2)(J); and

(B) the allocation of the personnel of the

central office to provide support to the area

and agency offices.

(2) REALLOCATION OF FUNDS AND PERSONNEL.—In developing the central office plan,

to the extent that the Secretary and the Indian tribes do not exercise the option to

maintain current organizational structures,

functions, or funding priorities, the central

office plan shall provide, to the extent necessary to accommodate the determinations

made under paragraph (1), for—

(A) the reorganization of the administrative structure of the central office;

(B) the reallocation of personnel (including

determinations of office size and functions);

(C) the delegation of authority of the Secretary carried out through the central office

to the Directors, Superintendents, or Indian

tribes;

(D) transfers of functions;

(E) the specification of functions—

(i) retained by the central office; or

(ii) transferred to area offices, agency offices or Indian tribes;

(F) the issuance of waivers or other authorities by the Secretary so that functions

and other responsibilities of the Secretary

may be carried out by the central office or

transferred to area offices, agency offices, or

Indian tribes;

(G) the promulgation of revised regulations

relating to the functions of the central office

that are carried by the central office or

transferred to area offices, agency offices, or

Indian tribes;

(H) the reordering of funding priorities;

(I) allocation formulas to provide for the

remaining services to be provided to the area

and agency offices and Indian tribes by the

central office; and

(J) with respect to the allocation of funds

to the area and agency offices and Indian

tribes in each area, a formula, negotiated

with the tribal representatives identified in

subsection (a), for the allocation to the Indian tribes of a portion of excess funds described in paragraph (1)(A)(ii).

(c) CENTRAL OFFICE REORGANIZATION COMPACTS.—

(1) IN GENERAL.—Not later than 60 days

after the Secretary develops a central office

plan pursuant to subsection (a), the Secretary shall, for each area office, enter into

a central office reorganization compact with

the Indian tribes in that area to implement

the central office plan (referred to in this

subsection as the ‘‘central office reorganization compact’’). The Secretary may not implement the component of a central office

plan relating to an area until such time as a

majority of the Indian tribes in that area

have entered into a central office reorganization compact. If a majority of the Indian

tribes in an area do not enter into a central

reorganization compact with the Secretary

pursuant to this paragraph, the organizational structure, functions, and funding priorities of the central office relating to the

area and agency offices and Indian tribes in

that area and in effect at the time of the development of the central office plan shall remain in effect.

(2) COORDINATION WITH AREA AND AGENCY

OFFICE PLANS.—Each central office reorganization compact entered into by the Secretary under this subsection shall specify

that in the event the Secretary determines

that a central office reorganization compact

is inconsistent with a related area office reorganization compact entered into under section 101(c) or a related agency office reorganization compact entered into under section

102(c), the Secretary, in consultation with

the Indian tribes that are parties to the

central office reorganization compact, shall

amend the compact to make such modifications as are necessary to ensure consistency

with the applicable area or agency office

plan.

SEC. 104. SAVINGS PROVISIONS.

(a) IN GENERAL.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other

administrative actions—

(1) that have been issued, made, granted, or

allowed to become effective by the President, any Federal agency or official thereof,

or by a court of competent jurisdiction, in

the performance of any function that is

transferred to Indian tribes pursuant to a reorganization compact that the Secretary enters into pursuant to section 101, 102, or 103;

and

(2) that are in effect on the effective date

of the reorganization compact, or were final

before the effective date of the reorganization compact and are to become effective on

or after such date;

shall continue in effect according to their

terms until modified, terminated, superseded, set aside, or revoked in accordance

with law by the President, the Secretary, or

other authorized official, a court of competent jurisdiction, or by operation of law.

(b) PROCEEDINGS NOT AFFECTED.—

(1) IN GENERAL.—The provisions of a reorganization compact that the Secretary enters into pursuant to section 101, 102, or 103

shall not affect any proceedings, including

notices of proposed rulemaking, or any application for any license, permit, certificate,

or financial assistance pending before the

Bureau at the time the reorganization compact takes effect, with respect to the functions transferred by the reorganization compact.

(2) CONTINUATION OF PROCEEDINGS.—The

proceedings and applications referred to in

paragraph (1) shall be continued. Orders shall

be issued in such proceedings, appeals shall

be taken from such orders, and payments

shall be made pursuant to such orders, as if

the compact had not been entered into, and

orders issued in any such proceedings shall

continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.

(3) STATUTORY CONSTRUCTION.—Nothing in

this subsection shall be deemed to prohibit

the discontinuance or modification of any

such proceeding under the same terms and

conditions and to the same extent that such

proceeding could have been discontinued or

modified if this title had not been enacted.

(c) NONABATEMENT OF ACTIONS.—No suit,

action, or other proceeding commenced by or

against the Bureau or by or against any individual in the official capacity of such individual as an officer of the Bureau shall abate

by reason of the enactment of this title.

SEC. 105. ADDITIONAL CONFORMING AMENDMENTS.

(a) RECOMMENDED LEGISLATION.—After consultation with Indian tribes, the appropriate

committees of the Congress and the Director

of the Office of Management and Budget, the

Secretary shall prepare and submit to the

Congress recommended legislation containing technical and conforming amendments

to reflect the changes made pursuant to this

title.

(b) SUBMISSION TO THE CONGRESS.—Not

later than 120 days after the effective date of

this title, the Secretary shall submit to the

Congress the recommended legislation referred to in subsection (a).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

such sums as may be necessary to carry out

this title.

SEC. 107. EFFECTIVE DATE.

This title shall take effect on the date of

enactment of this Act.

SEC. 108. SEPARABILITY.

If a provision of this title or its application

to any person or circumstance is held invalid, neither the remainder of this title nor

the application of the provision to other persons or circumstances shall be affected.

SEC. 109. SUSPENSION OF CERTAIN ADMINISTRATIVE ACTIONS.

(a) IN GENERAL.—Notwithstanding any

other provision of law, during the 2-year period beginning on the date of enactment of

this Act, the Secretary shall suspend the implementation of all administrative activities

that affect the Bureau of Indian Affairs

associated with reinventing government,

national performance review, or other

downsizing initiatives.

(b) CONSIDERATION OF COMPACTS.—During

the period specified in subsection (a), the reorganization compacts entered into under

this title shall be deemed to satisfy the goals

of the initiatives referred to in subsection

(a).

SEC. 110. STATUTORY CONSTRUCTION.

Nothing in this title may be construed to

alter or diminish the Federal trust responsibility to Indian tribes, individual Indians,

or Indians with trust allotments.

TITLE II—AMENDMENT TO THE INDIAN

SELF-DETERMINATION ACT

SEC. 201. BUDGET DEVELOPMENT.

The Indian Self-Determination Act (25

U.S.C. 450f et seq.), as amended by the Tribal

Self-Governance Act of 1994, is amended by

adding at the end the following new title:

‘‘TITLE V—BUDGET DEVELOPMENT

‘‘SEC. 501. PARTICIPATION OF INDIAN TRIBES IN

THE DEVELOPMENT OF BUDGET REQUESTS.

‘‘(a) BUDGET REQUESTS FOR THE BUREAU OF

INDIAN AFFAIRS.—Notwithstanding any other

provision of law, not later than 120 days after

the date of enactment of this title, the Secretary of the Interior shall establish a program—

‘‘(1) to provide information to Indian tribes

concerning the development of budget requests for the Bureau of Indian Affairs that

are submitted to the President by the Secretary of the Interior for inclusion in the annual budget of the President submitted to

the Congress pursuant to section 1108 of title

31, United States Code; and

‘‘(2) to ensure, to the maximum extent

practicable, the participation by each Indian

tribe in the development of the budget requests referred to in paragraph (1).

‘‘(b) BUDGET REQUESTS FOR THE INDIAN

HEALTH SERVICE.—Notwithstanding any

other provision of law, not later than 120

days after the date of enactment of this

title, the Secretary of Health and Human

Services shall establish a program—

‘‘(1) to provide information to Indian tribes

concerning the development of budget requests by the Secretary of Health and

Human Services for the Indian Health Service that are submitted to the President by
S6814 CONGRESSIONAL RECORD — SENATE May 17, 1995

the Secretary for inclusion in the annual

budget referred to in subsection (a)(1); and

‘‘(2) to ensure, to the maximum extent

practicable, the participation by each Indian

tribe in the development of the budget requests referred to in paragraph (1).

‘‘(c) REQUIREMENTS FOR PROGRAMS.—

‘‘(1) IN GENERAL.—Each program established under this section shall, to the maximum extent practicable—

‘‘(A) provide for the estimation of—

‘‘(i) the funds authorized to be appropriated on an annual basis for the benefit of

Indians tribes; and

‘‘(ii) for each Indian tribe, the portion of

the funds described in clause (i) that will be

provided for the benefit of the Indian tribe;

‘‘(B) provide, for each Indian tribe—

‘‘(i) the opportunity to establish priorities

for using the estimated funds described in

subparagraph (A)(ii); and

‘‘(ii) flexibility in the design of tribal and

Federal programs that receive Federal funds

to best meet the needs of the community

served by the Indian tribe; and

‘‘(C) provide for the collection and dissemination of information that is necessary for

effective planning, evaluation, and reporting

by the Secretary of the Interior or the Secretary of Health and Human Services and Indian tribes concerning the comparative social and public health conditions of Indian

communities (as defined and determined by

the Secretary of the Interior and the Secretary of Health and Human Services) at

local, regional, and national levels.

‘‘(2) DUTIES OF THE SECRETARIES.—In carrying out the programs established under this

section, the Secretary of the Interior and the

Secretary of Health and Human Services

shall—

‘‘(A) use any information provided by Indian tribes concerning the priorities referred

to in paragraph (1)(B);

‘‘(B) support the creation of stable recurring base funding (as defined and determined

by each such Secretary) for each Indian

tribe;

‘‘(C) seek to maintain stability in the planning and allocation of the amounts provided

for in the budget of the Bureau of Indian Affairs and the Indian Health Service for Indian tribes; and

‘‘(D) assess the Federal programs or assistance provided to each Indian tribe to determine—

‘‘(i) the relative need for providing Federal

funds to carry out each such program; and

‘‘(ii) the amount of recurring base funding

available to each Indian tribe to carry out

each such program.

‘‘(3) CONTRACTS, GRANTS, AND ANNUAL FUNDING AGREEMENTS.—To provide, to the maximum extent practicable, for the full participation by the governing bodies of Indian

tribes on an effective government-to-government basis in carrying out the collection and

sharing of information under this section,

the Secretary of the Interior or the Secretary of Health and Human Services may—

‘‘(A) enter into a self-determination contract with an Indian tribe or make a grant to

an Indian tribe pursuant to section 102 or 103;

‘‘(B) with respect to the Secretary of

Health and Human Services, enter into a

funding agreement with a participating Indian tribe pursuant to title III; and

‘‘(C) with respect to the Secretary of the

Interior, enter into a funding agreement

with a participating Indian tribe pursuant to

title IV.

‘‘SEC. 502. ASSESSMENT METHODOLOGY.

‘‘(a) IN GENERAL.—Not later than 180 days

after the date of enactment of this title, the

Secretary shall, in cooperation with Indian

tribes, and in accordance with the negotiated

rulemaking procedures under subchapter III

of chapter 5 of title 5, United States Code,

promulgate standardized assessment methodologies to be used in carrying out any

budget determination for the Bureau of Indian Affairs concerning the levels of funding

that are necessary to fund each program

area (as defined and determined by the Secretary) of the Bureau.

‘‘(b) PARTICIPATION BY INDIAN TRIBES.—In

carrying out subsection (a), the Secretary

shall take such action as may be necessary

to ensure, to the maximum extent practicable, the direct and active participation of

Indian tribes at the local, regional, and national levels in the negotiated rulemaking

process specified in subchapter III of chapter

5 of title 5, United States Code.

‘‘(c) COMMITTEE.—

‘‘(1) COMPOSITION.—The negotiated rulemaking committee established pursuant to

section 565 of title 5, United States Code, to

carry out subsection (a) shall only be comprised of—

‘‘(A) individuals who represent the Federal

Government; and

‘‘(B) individuals who represent Indian

tribes.

‘‘(2) REPRESENTATION BY INDIAN TRIBES.—A

majority of the members of the committee

referred to in paragraph (1) shall be individuals who represent Indian tribes.

‘‘(d) ADAPTATION OF PROCEDURES.—The

Secretary shall adapt the negotiated rulemaking procedures carried out under this

section in the same manner as the Secretary

adapts, in accordance with section 407(c), the

procedures carried out pursuant to section

407.

‘‘SEC. 503. REPORTS TO THE CONGRESS.

‘‘(a) REPORT ON BUDGET NEEDS.—Not later

than the earliest date after the date of promulgation of the regulations under section

502 on which the Secretary of the Interior

submits a budget request to the President

for inclusion in the annual budget of the

President submitted to the Congress pursuant to section 1108 of title 31, United States

Code, and annually thereafter, the Secretary

shall prepare and submit to the President a

report that—

‘‘(1) describes the standardized methodologies that are the subject of the regulations

promulgated pursuant to section 502; and

‘‘(2) includes—

‘‘(A) for each program area of the Bureau

of Indian Affairs, an assessment of the level

of funding that is necessary to fund the program area; and

‘‘(B) for each Indian tribe served by a program area referred to in paragraph (2)—

‘‘(i) an assessment of the level of funding

that is necessary for each Indian tribe served

by the program area;

‘‘(ii) the total amount of funding necessary

to cover all program areas with respect to

which the tribe receives services (as determined by taking the aggregate of the applicable amounts determined under paragraph

(3)); and

‘‘(iii) a breakdown, for each program area

with respect to which the Indian tribe receives service, of the amount determined

under clause (ii).

‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated

such sums as may be necessary to carry out

this title.’’.

TITLE III—REFORM OF THE REGULATIONS OF THE BUREAU OF INDIAN AFFAIRS

SEC. 301. BIA MANUAL.

(a) IN GENERAL.—Not later than 180 days

after the date of enactment of this Act, the

Secretary shall—

(1) conduct a review of all provisions of the

BIA Manual;

(2) promulgate as proposed regulations

those provisions of the BIA Manual that the

Secretary deems necessary for the efficient

implementation of the Federal functions retained by the Bureau under the reorganization compacts authorized by this Act; and

(3) revoke all provisions of the BIA Manual

that are not promulgated as proposed regulations under paragraph (2).

(b) CONSULTATION WITH INDIAN TRIBES.—In

carrying out subsection (a), the Secretary

shall, to the maximum extent practicable,

consult with Indian tribes in such manner as

to provide for the full participation of Indian

tribes.

SEC. 302. TASK FORCE.

(a) ESTABLISHMENT OF TASK FORCE.—

(1) IN GENERAL.—Not later than 90 days

after the date of enactment of this Act, the

Secretary shall establish a task force on regulatory reform (referred to in this section as

the ‘‘task force’’).

(2) DUTIES.—The task force shall—

(A) review the regulations under title 25,

Code of Federal Regulations; and

(B) make recommendations concerning the

revision of the regulations.

(3) MEMBERSHIP.—The task force shall be

composed of 16 members, including 12 members who are representatives of Indian tribes

from each of the 12 areas served by area offices.

(4) INITIAL MEETING.—Not later than 60

days after the date on which all members of

the task force have been appointed, the task

force shall hold its first meeting.

(5) MEETINGS.—The task force shall meet

at the call of the Chairperson.

(6) QUORUM.—A majority of the members of

the task force shall constitute a quorum, but

a lesser number of members may hold hearings.

(7) CHAIRPERSON.—The task force shall select a Chairperson from among its members.

(b) REPORTS.—

(1) REPORTS TO SECRETARY.—The task force

shall submit to the Secretary such reports as

the Secretary determines to be appropriate.

(2) REPORTS TO THE CONGRESS AND TO INDIAN

TRIBES.—In addition to submitting the reports described in paragraph (1), not later

than 120 days after its initial meeting, the

task force shall prepare, and submit to the

Congress and to the governing body of each

Indian tribe, a report that includes—

(A) the findings of the task force concerning the review conducted pursuant to subsection (a)(2)(A); and

(B) the recommendations described in subsection (a)(2)(B).

(c) POWERS OF THE TASK FORCE.—

(1) HEARINGS.—The task force may hold

such hearings, sit and act at such times and

places, take such testimony, and receive

such evidence as the task force considers advisable to carry out the duties of the task

force specified in subsection (a)(2).

(2) INFORMATION FROM FEDERAL AGENCIES.—

The task force may secure directly from any

Federal department or agency such information as the task force considers necessary to

carry out the duties of the task force specified in subsection (a)(2).

(3) POSTAL SERVICES.—The task force may

use the United States mails in the same

manner and under the same conditions as

other departments and agencies of the Federal Government.

(4) GIFTS.—The task force may accept, use,

and dispose of gifts or donations of services

or property.

(d) TASK FORCE PERSONNEL MATTERS.—

(1) COMPENSATION OF MEMBERS.—Each

member of the task force who is not an officer or employee of the Federal Government

shall be compensated at a rate equal to the

daily equivalent of the annual rate of basic

pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5, United
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6815

States Code, for each day (including travel

time) during which such member is engaged

in the performance of the duties of the task

force. All members of the task force who are

officers or employees of the United States

shall serve without compensation in addition

to that received for their services as officers

or employees of the United States.

(2) TRAVEL EXPENSES.—The members of the

task force shall be allowed travel expenses,

including per diem in lieu of subsistence, at

rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5,

United States Code, while away from their

homes or regular places of business in the

performance of services for the task force.

(3) STAFF.—

(A) IN GENERAL.—The Chairperson of the

task force may, without regard to the civil

service laws, appoint and terminate such

personnel as may be necessary to enable the

task force to perform its duties.

(B) PROCUREMENT OF TEMPORARY AND

INTERMITTENT SERVICES.—The Chairperson of

the task force may procure temporary and

intermittent service under section 3109(b) of

title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule

under section 5316 of such title.

(e) TERMINATION OF TASK FORCE.—The task

force shall terminate 30 days after the date

on which the task force submits its reports

to the Congress and to Indian tribes under

subsection (b)(2).

(f) EXEMPTION FROM FEDERAL ADVISORY

COMMITTEE ACT.—All of the activities of the

task force conducted under this title shall be

exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

(g) PROHIBITION.—Beginning on the date of

enactment of this Act, the Secretary may

not—

(1) promulgate any unpublished regulation

or agency guidance that affects Indian

tribes; or

(2) impose any nonregulatory requirement

that affects Indian tribes.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

such sums as may be necessary to carry out

this title.

SECTION-BY-SECTION ANALYSIS

SECTION ONE

Section 1 cites the short title of the Act as

the Bureau of Indian Affairs Reorganization

Act of 1995. This section sets forth the table

of contents for the Act and the definitions

used in the Act.

Title I—Reorganization compacts

SECTION 101. REORGANIZATION COMPACTS

Section 101 of the Act provides that not

later than 120 days after enactment, the Secretary shall enter into negotiations with the

Indian tribes served by each area office of

the BIA to prepare a reorganization plan for

the area office.

Subsection (b) of this section provides that

each area plan shall provide for the reorganization of the administrative structure of

the area office, the reallocation of personnel,

the delegation of secretarial authorities, the

issuance of waivers of regulations and other

authorities, the reordering of funding priorities, and specify which functions are retained by the BIA and which functions are

transferred to the tribes. The area office plan

shall include a formula for allocation of savings to the recurring base funding of the

tribes. This subsection also provides that an

area plan may include a determination of the

share of funds used by the Area office to

carry out programs, services, functions and

activities of the tribe.

Paragraph (3) of this subsection provides

that a majority of tribes in an area may

elect to continue the existing organizational

structures, functions, or funding priorities of

the area office.

Paragraph (4) of this subsection provides

that upon completion of the negotiation of

an area office plan the Secretary shall submit the plan for approval by the Indian

tribes in the area. If a majority of tribes approve the area office plan by tribal resolution the Secretary shall enter into a reorganization compact with the tribes.

Paragraph (5) of this subsection provides

that for those area offices which serve only

1 Indian tribe, the Secretary shall enter into

negotiations with the tribe to prepare a reorganization plan if the tribe elects to develop

a reorganization plan for the area office. It

further provides that within 60 days from the

date the plan is approved, the Secretary

shall enter into a reorganization compact

with the tribe to carry out the reorganization plan.

Paragraph (6) of this subsection provides

that an Indian tribe may elect to receive its

tribal share of the funds used by the area office to carry out programs, services, functions, and activities directly from the Secretary. The agreement to receive the tribal

share shall include a determination of the

amount of residual funds to be retained by

the Secretary for the area office and the respective responsibilities of the area office

and the Indian tribe.

Subsection (c) provides that not later than

60 days from the date on which a majority of

tribes in the area office have approved a reorganization plan, the Secretary shall enter

into an area office reorganization compact

with the Indian tribes to carry out the area

office reorganization plan. The Secretary

may not implement an area office reorganization plan until the tribes have entered

into a reorganization compact with the Secretary. This subsection also provides that

nothing in this section may limit or reduce

the level of any service or funding for an Indian tribe that is not a party to a reorganization compact.

SECTION 102. REORGANIZATION OF AGENCY

OFFICES

Subsection (a) provides that not later than

120 days after enactment, the Secretary acting through the Superintendent of each

agency office, shall enter into negotiations

with the Indian tribes served by each agency

office to develop a reorganization plan for

the agency office.

Subsection (b) provides that each agency

office plan shall provide for the reorganization of the administrative structure of the

agency office, the reallocation of personnel,

the delegation of secretarial authorities, the

issuance of waivers of regulations and other

authorities, the reordering of funding priorities, and specify which functions are retained by the BIA and which functions are

transferred to the Indian tribes. The agency

office plan shall include a formula for allocation of savings to the recurring base funding

of the tribes. This subsection also provides

that an agency office plan may include a determination of the share of funds used by the

agency office to carry out programs, services, functions and activities of the tribe.

Paragraph (3) of this subsection provides

that a majority of tribes in an agency office

may elect to continue the existing organizational structures, functions, or funding priorities of the agency office.

Paragraph (4) of this subsection provides

that upon completion of the negotiation of

an agency office plan the Secretary shall

submit the agency plan to the tribes served

by the agency for approval. If a majority of

tribes approve the agency reorganization

plan by tribal resolution, the Secretary shall

enter into a reorganization compact with the

tribes served by the agency.

Paragraph (5) of this subsection provides

that for those agency offices which serve

only 1 Indian tribe, the Secretary shall enter

into negotiations with the tribe to prepare a

reorganization plan if the tribe elects to develop a reorganization plan for the agency

office. It further provides that within 60 days

from the date the plan is approved, the Secretary shall enter into a reorganization compact with the tribe to carry out the reorganization plan.

Paragraph (6) of this subsection provides

that an Indian tribe may elect to receive its

tribal share of the funds used by the agency

office to carry out programs, services, functions, and activities directly from the Secretary. The agreement to receive the tribal

share shall include a determination of the

amount of residual funds to be retained by

the Secretary for the agency office and the

respective responsibilities of the agency office and the Indian tribe.

Subsection (c) provides that not later than

60 days from the date on which a majority of

tribes in the agency office have approved a

reorganization plan, the Secretary shall

enter into an agency office reorganization

compact with the Indian tribes to carry out

the agency office reorganization plan. The

Secretary may not implement an agency office reorganization plan until the tribes have

entered into a reorganization compact with

the Secretary. This subsection also provides

that nothing in this section may limit or reduce the level of any service or funding for

an Indian tribe that is not a party to a reorganization compact. Finally, this subsection

states that where the Secretary has determined that an agency office reorganization

compact is inconsistent with an area office

reorganization compact, the Secretary in

consultation with the Indian tribes that are

parties to the compact shall make such

amendments to the agency office compact as

are necessary to ensure consistency with the

applicable area office plan.

SECTION 103. REORGANIZATION OF CENTRAL

OFFICE

Section 103 provides that not later than 120

days from the date of enactment the Secretary shall enter into negotiations with Indian tribes to develop a central office reorganization plan. The Secretary shall enter into

negotiations on an area by area basis with

representatives from each tribe in the area

in order to develop the central office plan. As

part of these negotiations, the Secretary

shall determine the appropriate allocation of

personnel and funding made available to

central office to serve the area and agency

offices and the tribes in each area.

Subsection (b) provides that the central office plan shall contain a determination of

funds and personnel used to support the area

and agency offices in each area and those

funds which may be allocated directly to Indian tribes pursuant to the formula develop

under this section.

Paragraph (2) states that the central office

reorganization plan shall provide for the reorganization of administrative structure of

the central office, the reallocation of personnel, the delegation of secretarial authorities,

the issuance of waivers of regulations and

other authorities, the reordering of funding

priorities, and specify which functions are

retained by the BIA and which functions are

transferred to the Indian tribes. The central

office plan shall include an allocation formula to provide for the remaining services to

be provided to the area and agency offices

and the Indian tribes by the central office

and a formula for allocation of savings to the

recurring base funding of the tribes and to

the area and agency offices.
S6816 CONGRESSIONAL RECORD — SENATE May 17, 1995

Subsection (c) provides not later than 60

days after the Secretary develops a central

office plan, the Secretary shall for each area

office enter into a central office reorganization compact with the tribes in that area to

implement the central office reorganization

plan. The Secretary may not implement the

component of a central office reorganization

plan relating to an area until a majority of

tribes in that area have entered into a

central office reorganization compact with

the Secretary. This subsection also provides

that if a majority of Indian tribes in an area

do not enter into a central office reorganization compact the existing organizational

structure relating to that area shall remain

in effect. Finally, this subsection states that

where the Secretary has determined that a

central office reorganization compact is inconsistent with a related area or agency office reorganization compact, the Secretary

in consultation with the Indian tribes that

are parties to the compact shall make such

amendments as are necessary to ensure consistency with the applicable area or agency

office plan.

SECTION 104. SAVINGS PROVISIONS

Subsection (a) states that all orders, determinations, rules, regulations, permits, agreements, grants, contracts, licenses, and other

administrative actions that are in effect on

the effective date of the reorganization compact shall continue in effect according to

their terms until modified, terminated, superseded or set aside in accordance with law.

Subsection (b) states that the provisions of

a reorganization compact shall not affect

any proceedings, including any notices for

proposed rulemaking, that are pending at

the time the reorganization compact takes

effect. These proceedings shall continue as if

the compact had not been entered into and

any orders issued in such proceedings shall

continue in effect until modified, terminated

or superseded by a duly authorized official, a

court of competent jurisdiction, or by operation of law.

Subsection (c) states that no suit, action,

or other proceeding commenced by or

against the BIA or any official in the BIA

shall abate by reason of enactment of this

title.

SECTION 105. ADDITIONAL CONFORMING

AMENDMENTS

Subsection (a) authorizes the Secretary to

prepare and submit to the Congress, after

consultation with the tribes, the Committees

of jurisdiction in the Congress, and the OMB,

recommended legislation containing technical and conforming amendments to reflect

changes made pursuant to this title.

Subsection (b) requires the Secretary to

submit such legislation to the Congress

within 120 days of enactment of this title.

SECTION 106. AUTHORIZATION OF

APPROPRIATIONS

Section 106 authorizes such sums as may

be necessary to carry out this title to be appropriated.

SECTION 107. EFFECTIVE DATE

Section 107 states that this title shall take

effect on the date of enactment.

SECTION 108. SEPARABILITY

Section 108 provides that if a provision of

this title or its application is held invalid,

neither the remainder of this title nor the

application of the provision to other persons

or circumstances shall be affected.

SECTION 109. SUSPENSION OF CERTAIN

ADMINISTRATIVE ACTIONS

Section 109 provides that during the 2 year

period beginning on the date of enactment

the Secretary shall suspend the implementation of all administrative activities associated with reinventing government, the national performance review and other

downsizing initiatives affecting the Bureau

of Indian Affairs. It also states that during

this 2 year period the reorganization compacts entered into under this title shall be

deemed to satisfy the goals of reinventing

government, the national performance review and other downsizing initiatives.

SECTION 110. STATUTORY CONSTRUCTION

Section 110 provides that nothing in this

title may be construed to alter or diminish

the Federal trust responsibility to Indian

tribes, individual Indians, or Indians with

trust allotments.

Title II—Amendment to the Indian SelfDetermination Act

SECTION 201. BUDGET DEVELOPMENT

Section 201 amends the Indian Self-Determination Act (25 U.S.C. 450f et seq.) by adding the following new title:

Title V—Budget development

SECTION 501. PARTICIPATION OF INDIAN TRIBES

IN THE DEVELOPMENT OF BUDGET REQUESTS

Subsection (a) of this section requires,

within 120 days after enactment, the Secretary to establish a program to provide information to Indian tribes concerning the development of budget requests for the Bureau

of Indian Affairs and to ensure that each Indian tribe participates to the maximum extent practicable in the development of the

budget request for the Bureau of Indian Affairs.

Subsection (b) of this section requires,

within 120 days after enactment, the Secretary of Health and Human Services to establish a program to provide information to

Indian tribes concerning the development of

budget for the Indian Health Service and to

ensure that each Indian tribe participates to

the maximum extent practicable in the development of the budget request for the Indian Health Service.

Subsection (c) of this section requires programs to the maximum extent practicable to

develop an estimation of funds annually authorized to be appropriated for the benefit of

Indian tribes, develop an estimation of individual tribal shares of the funds to be provided for the benefit of the Indian tribe, and

to provide each tribe with an opportunity to

establish individual tribal funding priorities.

The program shall also collect and disseminate information necessary for effective

planning and evaluation relating to the comparative social and public health conditions

of Indian communities at the local, regional,

and national levels.

Paragraph (2) of this subsection requires

the Secretary of the Interior and the Secretary of Health and Human Services to support the creation of stable recurring base

funding for each Indian tribe, to maintain

stability in the planning and allocation of

the IHS and BIA budgets to Indian tribes, to

assess the Federal programs of assistance to

Indian tribes to determine the relative need

for providing Federal funds to carry out each

such program and determine the amount of

recurring base funding available to each Indian tribe to carry out each such program.

Paragraph (3) of this subsection authorizes

the Secretary of the Interior and the Secretary of Health and Human Services to

enter into self-determination contracts, selfgovernance compacts or make a grant to an

Indian tribe to carry out the information

collection and dissemination functions under

this title.

SECTION 502. ASSESSMENT METHODOLOGY

Subsection (a) of this section requires the

Secretary of the Interior within 180 days of

enactment to promulgate standardized assessment methodologies to be used in carrying out any budget determination for the

BIA concerning levels of funding that are

necessary for each program area.

Subsection (b) of this section requires the

Secretary to ensure the direct and active

participation of Indian tribes at the local, regional and national levels in the negotiated

rulemaking process established under this

section.

Subsection (c) of this section provides that

the negotiated rulemaking committee created under this section shall be comprised of

individuals who represent the Federal government and individuals who represent Indian tribes. A majority of the Committee

shall be comprised of individuals who represent Indian tribes.

Subsection (d) of this section authorizes

the Secretary to adapt the negotiated rulemaking procedures in accordance with section 407 of this Act.

SECTION 503. REPORTS TO THE CONGRESS

Subsection (a) provides that the Secretary

shall annually prepare a report that describes the standardized methodologies and

includes an assessment of the level of funding that is necessary to fund each program

area of the Bureau of Indian Affairs. This report shall include an assessment for each Indian tribe of the level funding necessary for

each Indian tribe to carry out each program

area and an assessment of the total amount

of funds needed to carry out all the programs

areas with respect to which the tribe receives services.

SECTION 504. AUTHORIZATION OF

APPROPRIATIONS

This section authorizes to be appropriated

such sums as may be necessary to carry out

this title.

Title III—Reform of the Regulations of the

Bureau of Indian Affairs

SECTION 301. BIA MANUAL

Section 301 requires the Secretary not

later than 180 days after enactment to conduct a review of all the provisions of the BIA

manual and to promulgate as proposed regulations those provisions of the BIA manual

that are deemed necessary and to revoke all

provisions of the BIA manual that are not

promulgated as proposed regulations. In carrying out this section, the Secretary shall

consult with Indian tribes to the maximum

extent practicable.

SECTION 302. TASK FORCE

Section 302 provides for the establishment

of a Joint Tribal-Federal task force on regulatory reform. The task force shall be composed of 16 members, including 12 members

who are representatives of Indian tribes from

each of the 12 areas served by the BIA. The

task force shall review the regulations under

Title 25 of the Code of Federal Regulations

and make recommendations concerning revision of the regulations. The task force shall

submit reports to the Secretary as is deemed

appropriate and shall not later than 120 days

after its initial meeting submit a report to

the Congress and the governing body of each

Indian tribe that includes their findings and

recommendations after reviewing Title 25 of

the Code of Federal Regulations. The task

force shall terminate 30 days after the date

on which the task force submits its report

to the Congress. This section also prohibits

the Secretary from promulgating any unpublished regulation or agency guidance that

affects Indian tribes and from imposing any

nonregulatory requirement that affects Indian tribes.

SECTION 303. AUTHORIZATION OF

APPROPRIATIONS

Section 303 authorizes to be appropriated

such sums as may be necessary to carry out

this title.∑

∑ Mr. INOUYE. Mr. President, I join

my esteemed colleague, the chairman
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6817

of the Committee on Indian Affairs,

Senator JOHN MCCAIN, in the sponsorship of a measure that is intended to

initiate discussion in the Senate of the

means by which the reorganization of

the Bureau of Indian Affairs is to be accomplished.

Mr. President, I am aware that there

is some concern amongst my colleagues that they have not sufficient

time to review this measure prior to its

introduction, and I want to assure

these members that I too have questions about the mechanics of the proposed reorganization process, as well as

the scope of the proposed reorganization—but I believe that it is important

that we begin somewhere—and that we

have a legislative vehicle that will engender discussion and consideration of

the specifies or reorganization.

For instance, it will be important, I

believe, that reorganization at the

agency, area and central offices proceed in some orderly fasion—given the

interdependency of the functions and

responsibilities of each of these offices.

In the absence of some order—reorganization of agency offices prior to reorganization of area offices culminating

in the reorganization of the central office, for instance, as one possible

means—there will undoubtedly be a

predictable chaos if reorganization

plans and compacts that have significant impacts on other organizational

units are attempted to be implemented—all at the same time.

Mr. President, I am also aware of the

concern expressed by some members as

to what impact the proposed reorganization may have on the Bureau’s responsibilities in the areas of education,

tribal justice systems, and other centrally administered programs.

But I believe that this discussion

draft will, at a minimum, provide us

with a framework for addressing these

concerns, and I look forward to working with the chairman of the committee—our colleagues on the Indian Affairs Committee and the leaders of indian country—to refine this discussion

draft into an effective instrument for

the implementation of the recommendations of the joint Department

of Interior, Bureau of Indian Affairs,

and tribal task force on the reorganization of the Bureau of Indian Affairs.∑

∑ Mr. DOMENICI. Mr. President, I am

pleased today to join Chairman MCCAIN

of the Senate Committee on Indian Affairs in sponsoring legislation to bring

about many needed changes to the Bureau of Indian Affairs [BIA] of the U.S.

Department of the Interior. It is a special honor for me to endorse the fine

work of Wendell Chino, president of the

Mescalero Apache Tribe of New Mexico. He has worked for decades to

change the BIA. More recently, President Chino has focused his fine efforts

through the BIA Reorganization Task

Force for the last 4 years. As the elder

statesman of Indian leaders, President

Wendell Chino’s incisive and powerful

voice has been heard about the continuing problems in the BIA. We are

pleased to introduce legislation to help

bring these recommendations to fruition.

Wendell has long been a vociferous

and humorous critic of the infamous

BIA. Wendell tells me that humor is

necessary when you really want to cry.

We have a special trust relationship

with Indians in America, but far too

often this trust has been neglected by a

cumbersome bureaucracy.

As cosponsor of Chairman MCCAIN’s

excellent effort to launch an important

debate, I am aligning myself with those

who view the BIA as a detriment rather than a benefit to Indian people. I

have spoken several times in Senate

Budget and Indian Affairs Committee

meetings this year about the need to

meet our special trust and treaty obligations to the Indian people.

As a proponent of the largest budget

reductions ever presented in the history of the Senate, I have maintained

the need to keep our promises to the

Indian people. This is not only good for

Indians, it is good for America to know

that her word is meaningful and can be

relied upon.

When the Congress passes legislation

and the President signs it, Americans

should be able to know that they have

been well represented and action will

follow that is in line with the promises.

Unfortunately, America’s history has

not been so sterling when it comes to

its promises to Indian people. There

are books, movies, and testimony to

the many tragedies in our history with

Indian people.

There have been some improvements

in this century, but the violations continue. For example, as recently as 1962,

the Congress and the President, in Public Law 87–483, promised to provide an

irrigation system to the Navajo Tribe

in exchange for water rights in the San

Juan Chama water diversion project.

The Navajos have kept their agreement

about water rights, but the Federal

Government is 20 years behind schedule

in building the promised irrigation system.

I will not take the time to review

other incidents here, I just want my

colleagues to know that we are aware

of the promises, and that we should do

our part in promoting character counts

in our own legislative activity. I believe the bill we are introducing today

is in line with this goal.

Mr. President, I ask unanimous consent to print the leading themes of the

executive summary of the joint tribal/

BIA/Department of Interior advisory

task force on the reorganization of the

Bureau of Indian Affairs, August 1994,

in the RECORD. This is for the benefit of

my colleagues who may want to look

at the parameters of the fine work of

this task force, upon which Chairman

MCCAIN has based our legislative effort.

I refer my colleagues to Chairman

MCCAIN’s statement for a further explanation of the purposes of this legislation, and I urge my colleagues to review this exciting new thrust for the

BIA.

On a closing note, I would like to add

that my own bill, S. 346, cosponsored

by Senator DANIEL INOUYE of the Senate Committee on Indian Affairs, is not

included in the bill we are introducing

today. It is my intention to offer S. 346,

a bill to establish an Office of Indian

Women and Families in the BIA, as an

amendment during committee markup

of this legislation. For the benefit of

my colleagues, I ask unanimous consent that my ‘‘Dear Colleague’’ letter

of February 22, 1995, be printed in the

RECORD.

Finally, Mr. President, I would be remiss if I did not acknowledge the fine

work of a former New Mexico Congressman who became Secretary of the Interior, Manuel Lujan. It was Secretary

Lujan who appointed Wendell Chino

and Eddie Brown as cochairs of the BIA

reorganization task force.

It is my pleasure to join Senator

MCCAIN in introducing this bill. It is an

honest and good effort to reform, in

significant and positive way, our trust

relationship with the American Indian

people.

There being no objection, the material was ordered to be printed in the

RECORD, as follows:

U.S. SENATE,

Washington, DC, February 22, 1995.

DEAR COLLEAGUE: As we consider better

ways to meet our treaty and statutory obligations to the Indian people of America

through an improved Bureau of Indian Affairs, I would like you to keep Indian women

and youth in mind. It is my belief that they

are too often ignored in the Washingtonbased policy decisions that can have a most

direct impact on their daily lives.

I am asking my Senate Colleagues to join

me and the Vice Chairman of the Senate

Committee on Indian Affairs, Senator Daniel

K. Inouye, in sponsoring legislation to establish an Office of Indian Women and Families

in the Bureau of Indian Affairs, U.S. Department of the Interior.

Indian women are most often at the very

bottom of the economic ladder in America.

They are the poorest of the poor. While the

tide of public opinion is against adding virtually any new federal government employees, I believe it is time to directly address

the concerns and problems of Indian women

in the agency that is most responsible for

their well-being.

In January of 1994, I held hearings in Window Rock, Arizona and in Rio Grande Pueblo

country in Albuquerque, New Mexico. Hundreds of women and tribal leaders expressed

their support for enacting this legislation. In

the 103rd Congress, Senator McCain worked

very hard to bring the problems of Indian

child abuse to light. Many abusers were their

BIA teachers.

Ramah Navajo District Judge Irene Toledo

testified in Window Rock that ‘‘we do have a

lot of children falling through the cracks.’’

Elsie Redbird told us, ‘‘While American

women come up against a ‘glass ceiling,’ Indian women have problems getting off the

floor.’’

There are problems with gang violence,

teen pregnancies and AIDS. Child care, domestic violence, poor housing conditions,

and minimal economic opportunity are continuous problems on our nation’s Indian reservations.

How would this new Office of Indian

Women and Families help resolve these problems? The monitoring of participation rates

and beneficial outcomes for Indian women
S6818 CONGRESSIONAL RECORD — SENATE May 17, 1995

and children in on-going programs of the BIA

and other federal departments and agencies

would be a critical first step.

Job opportunities outside the domestic or

clerical levels are too rare for Indian women.

Yet the BIA and the U.S. Department of

Labor have little precise and current information about the unemployment or

underemployment problems of Indian

women.

Obviously, an Office of Indian Women and

Families could not be expected to move on

all fronts at once. In fact, our bill gives jobs

and business development opportunities for

Indian women the first priority. Without

such a permanent office to advocate program

and policy changes for them, I am afraid one

of our most precious and yet most neglected

federal responsibilities will continue to be a

national shame.

Indian women and their families have little choice but to live at the mercy of some of

the most perplexing bureaucratic mazes in

our federal government. I believe this group

of American Indians would benefit by a more

systematic monitoring of their lifestyle

problems, a more consistent effort on our

part to improve their lives, and a more interactive approach that includes their active

participation in resolving their own concerns.

I hope you will join in cosponsoring S. 346,

a bill to establish an Office of Indian Women

and Families in the Department of Interior.

Joe Trujillo of my staff can be reached at

224–7086 if you have further comments or

questions. Thank you for your interest in

American Indian women and their families.

Sincerely yours,

PETE V. DOMENICI,

U.S. Senator.

LEADING THEMES OF REORGANIZATION

Tribes recognized that simply changing the

organizational structure of the BIA would

not result in a change in how well it could

deliver on its responsibility. All aspects of

the organization, systems and processes utilized by the BIA were reviewed. The BIA’s

mission needed to be clearly defined to guide

its future directions. Four leading themes

emerged early, and the Task Force organized

its efforts around them:

Organization Reform: The organizational

levels and functions needed to be clearly defined as to appropriate roles, with the operational roles moved as close as possible to

where services were to be delivered. Accordingly, roles were recommended for Central

Office, Areas and Agencies. Keeping in mind

the differences between Areas, the Task

Force recognized that the Tribes in each

Area and Agency needed to be involved in

the redesign of these organizations to meet

their respective needs. Too much of the overall resources of the BIA were being dedicated

to Central Office and Area functions. Tribes

felt that these resources could be better utilized at the Tribe/Agency/school service delivery level.

Regulatory Reform: The authority by

which BIA decisions were made had been

eroded at the levels nearest Tribes. The Task

Force recognized that laws, regulations and

internal BIA policies needed to change to return decision making to the BIA organizational units closest to the client. In addition,

many inherent Tribal authorities had been

usurped. Laws, regulations and policies needed to be reviewed to remove obstacles to

Tribes freely exercising authorities for decisions which were inherently Tribal.

Education Reform: The Task Force strongly felt that emphasis needed to be placed on

education for the following reasons: (1) The

failure to fully implement all provisions of

P.L. 95–561. (2) The indefinite organizational

status of education functions within the Bureau. (3) An assessment of the current level

of education services within the Bureau. It

was determined that a comprehensive plan

was necessary to ensure maximum efficiency

and effectiveness in education.

Budget Reform: The processes of planning,

budgeting and reporting on budget needs

were in serious need of reform. Throughout

the first 20 years of implementation of the

Self-Determination policy, Tribal participation in decisions regarding the designs of

programs and the priorities for funding them

had actually been diminished. Tribes felt

that their needs were consistently understated or not reported to Congress at all.

Though they had assumed management of

about half of the budget resources under various Self-Determination Act awards, the BIA

and others in the Federal government

seemed to retain full control, and frequently

disrupted the maintenance of funding and

services. A new system of planning, budgeting and needs assessment was needed, and it

needed to be based on the Federal policies of

Indian Self-Determination and of dealing

with Tribes on a government-to-government

basis.∑

By Mr. HATCH:

S. 815. A bill to amend the Internal

Revenue Code of 1986 to simplify the

assessment and collection of the excise

tax on arrows; to the Committee on Finance.

SIMPLIFICATION OF IMPOSITION OF EXCISE TAX

ON ARROWS

Mr. HATCH. Mr. President, I rise

today to introduce legislation that

would simplify the Internal Revenue

Code regarding the imposition of the

Federal excise tax on arrows.

Mr. President, this bill will benefit

manufacturers, wholesalers, retailers,

assemblers, and, most importantly, the

consumers of archery equipment. In

1993, there were nearly 3 million licensed bow and arrow hunters in the

United States, including 28,000 in my

home State of Utah. These figures exclude the millions of individuals who

enjoy archery as a hobby but do not

hunt with a bow and arrows. Let me explain both the present status of this excise tax and why simplification is needed.

Under section 4161(b) of the Internal

Revenue Code, an excise tax of 11 percent is imposed upon the sale by the

manufacturer, producer, or importer of

an arrow or an arrow’s component

parts and accessories. A complete

arrow consists of various component

parts, namely: a shaft, a point, a nock,

and a vane. The arrow shaft is sold separately from the point, nock, and vane,

which are attached to the shaft to

make a complete arrow. The assembly

of these parts into a finished arrow

may take place at a wholesale manufacturing level, a distribution level, a

retail level, or at the consumer level.

Identifying the manufacturer for purposes of the excise tax is difficult because of the long distribution chain between the raw material supplier and

the consumer. Under current law, anyone who manufactures arrows, or the

various parts of arrows, may be required to collect the excise tax.

The current interpretation of the tax

on arrows has resulted in a great deal

of confusion among retailers as well as

among IRS field agents enforcing the

law. Currently, local shops are subject

to different interpretations of what is

taxable. Ultimately, the tax falls on

the last person in the chain to materially change the article before it is sold

to the consumer. Unfortunately, several members of this chain may fit the

definition of a manufacturer, and each

is liable for the tax unless certain registration requirements are met and exemption forms filed.

As you can see, Mr. President, the

method for collecting the excise tax on

arrows needs to be streamlined. My bill

would change the imposition of the excise tax to fall on the component

shafts, points, nocks, and vanes as they

are manufactured, rather than on the

aggregated value of the assembled

arrow. This is a significant change, but

one that will greatly simplify the administration of the tax. Under my bill,

individual distributors, assemblers, and

retail sellers of arrows or parts of arrows would no longer be responsible for

collecting the excise tax. Only the

manufacturers of these parts would

bear the responsibility of the excise

tax. Thus, identification of the manufacturer would be much simpler and

clearer. Industry representatives, who

support these changes, have indicated

to me that this simplification should

increase compliance and therefore enhance revenues. Enforcement by the

IRS should also be much easier under

this legislation.

Mr. President, the result of this bill

is a narrowing of the collection base.

Instead of having thousands of distributors, retailers, or custom arrow

shops being potentially liable for the

tax as under the current law, about 65

companies would be liable under the

bill. This simplification would save the

IRS a considerable amount of time and

money in enforcing the tax. It also

would free smaller dealers and stores

from the burden of computing and remitting the excise tax.

The language in this bill accomplishes the needed simplification of

this particular section of the Tax Code.

One consequence of this change is the

possibility that a higher excise tax rate

may be needed to make the measure

revenue neutral. The arrow manufacturing industry agrees that this simplification is not intended to decrease

revenue to the Federal Government. I

am working with the Joint Committee

on Taxation to find a rate of tax that

will make the end result revenue neutral. The bill, as introduced, Mr. President, includes an 11 percent tax rate,

which is the same as under present law.

It is my intention to adjust this rate,

up or down, as needed, to keep this bill

revenue neutral. I want to point out,

however, that greater compliance

should be achieved by having a much

smaller number of entities responsible

for the tax. This greater compliance,

together with the savings realized from

the reduced manpower requirements

the IRS needs to enforce this tax,
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6819

should combine to allow an equal or

lesser tax rate than under current law.

These factors should be considered

when determining the revenue impact

of this legislation.

Mr. President, the amount of revenue

we are talking about is around $13 million a year. These revenues are, by law,

required to go to the Pittman-Robertson fund, established by the Federal

Aid to Wildlife Restoration Act. The

proceeds of this fund go toward wildlife

restoration and hunter education programs administered by the U.S. Fish

and Wildlife Service. The bulk of this

fund is, in turn, passed onto the States

to fund their own wildlife programs.

Under current law, arrows made by

native Americans are exempt from the

Federal excise tax. The simplification

bill I am introducing today would not

remove or alter this exemption in any

way.

In conclusion, Mr. President, I believe that today, more than ever, we

need to be mindful of the many burdens

we are placing on small businesses and

consumers through numerous Federal

mandates and burdensome tax compliance measures. Businesses and consumers nationwide spend billions of dollars

each year on tax compliance. Consumers, of course, pay for this compliance

through higher retail prices for goods

and services. We all know this money

could be put to more productive use.

Even though this bill is small in comparison to the immense Tax Code, I

think it is right on target in terms of

helping us to achieve tax simplification.

Mr. President, this legislation is a

beneficial modification to the Tax Code

presented in a win-win framework.

This bill has the support of the Archery Manufacturers and Merchants Association, which represents the majority of this industry. I hope this bill will

be swiftly adopted, and I encourage my

colleagues to support and cosponsor

this bill.

I ask unanimous consent that the

text of the bill be printed in the

RECORD.

There being no objection, the bill was

ordered to be printed in the RECORD, as

follows:

S. 815

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled,

SECTION 1. SIMPLIFICATION OF IMPOSITION OF

EXCISE TAX ON ARROWS.

(a) IN GENERAL.—Subsection (b) of section

4161 of the Internal Revenue Code of 1986 (relating to imposition of tax) is amended to

read as follows:

‘‘(b) BOWS AND ARROWS, ETC.—

‘‘(1) BOWS.—

‘‘(A) IN GENERAL.—There is hereby imposed

on the sale by the manufacturer, producer,

or importer of any bow which has a draw

weight of 10 pounds or more, a tax equal to

11 percent of the price for which so sold.

‘‘(B) PARTS AND ACCESSORIES.—There is

hereby imposed upon the sale by the manufacturer, producer, or importer—

‘‘(i) of any part of accessory suitable for inclusion in or attachment to a bow described

in subparagraph (A), and

‘‘(ii) of any quiver suitable for use with arrows described in paragraph (2), a tax equivalent to 11 percent of the price for which so

sold.

‘‘(2) ARROWS.—There is hereby imposed on

the sale by the manufacturer, producer, or

importer of any shaft, point, nock, or vane of

a type used in the manufacture of any arrow

which after its assembly—

‘‘(A) measures 18 inches overall or more in

length, or

‘‘(B) measures less than 18 inches overall in

length but is suitable for use with a bow described in paragraph (1)(A),

a tax equal to 11 percent of the price for

which so sold.

‘‘(3) COORDINATION WITH SUBSECTION (a).—

No tax shall be imposed under this subsection with respect to any article taxable

under subsection (a).’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall

apply to articles sold by the manufacturer, producer, or importer after the

date of the enactment of this Act.

By Mr. DEWINE (for himself, Mr.

STEVENS, Mr. ASHCROFT, Mr.

HATCH, and Mr. THURMOND):

S. 816. A bill to provide equal protection for victims of crime, to facilitate

the exchange of information between

Federal and State law enforcement and

investigation entities, to reform criminal procedure, and for other purposes;

to the Committee on the Judiciary.

THE LOCAL LAW ENFORCEMENT ENHANCEMENT

ACT

Mr. DEWINE. Mr. President, today I

am introducing the Local Law Enforcement Enhancement Act for myself as

well as Senator STEVENS and Senator

ASHCROFT.

Mr. President, for the past week, beginning last Wednesday, I have discussed on the Senate floor different aspects of the bill that I am introducing

this afternoon. I do not intend to go

through every single provision of the

bill again this afternoon. But I would

like to highlight three or four of the

principal areas of this bill.

I believe that when we look at any

crime bill proposed in this Congress, we

always have to ask several questions.

The first is, what is the proper role of

the Federal Government in an area

that we all know and understand is primarily local. Ninety to 95 percent of all

prosecutions are done at the State,

county and local level, not the Federal

level. So if we are going to have a national crime bill, what is that niche?

What is the proper role of the Federal

Government?

The second question I believe that we

always have to ask is, what works?

What can this Congress do in legislation, with Federal dollars, that will

really make a difference?

The bill that I am introducing this

afternoon is the product of my 20 years

of being involved at different levels of

Government, in law enforcement, being

involved in this battle against crime.

That certainly does not mean that I

am an expert. I do not think we have

any experts in this area.

However, I have seen it from every

angle. I have seen it from the angle of

a young county prosecuting attorney, a

State senator who dealt with it on the

State level and tried to write appropriate State laws, then on the House

Judiciary Committee for 8 years, and

then as Lieutenant Governor of Ohio,

where my principal job was to oversee

our anticrime effort.

This bill is a product of that experience, but also probably more importantly, it is the product of my listening

and discussing the crime issues with

the men and women in Ohio who are on

the front line every single day, the police officers who have to deal with this

problem—what works, what does not

work.

One thing, Mr. President, that we

know works, from our experience, is

the tools of technology. My bill will

take America from 19th-century technology in the anticrime area into the

21st century. It does it in a unique way.

It does it by putting $1 billion—which

is certainly a lot of money, but only a

little over 3 percent of this total crime

package that was passed last year,

which my bill essentially is a rewrite

of—a little over 3 percent of that total

money over a 5-year period we spend on

technology for the local communities,

for the local States.

What I have been advised by law enforcement throughout Ohio and what I

have been advised by the FBI is that

while last year’s crime bill went a long

way to create the national databases

that we need here in Washington and in

the new facility that is being built in

West Virginia, it will never be a complete system unless we grow the system locally.

I come from Greene County in Ohio,

and the Xenia police department, when

they put information into the system

or try to get information back out, it

is not only important for them to do it

accurately and for that information to

be in; it is not only important for the

FBI to have the national database; but

for it to really be successful and work

for the local police department wherever that police department is, every

other jurisdiction in the country has to

do the same thing. Criminals move

around, information moves around, and

it has to be accurate.

What our bill does is put the money

into the local communities. What are

we talking about? We are talking

about, basically, four national systems:

a DNA system; a fingerprint system; a

ballistic system, where we can compare

the grooves, for example, on shells and

bullets; and the fourth, of course, is to

identify criminals.

This type of technology matters. It

does, in fact, help to solve crimes. It

matters when a police officer, at 3

o’clock in the morning, or a sheriff’s

deputy out on some dark road, has to

pull someone over. It matters when

that police officer activates his or her

computer or calls back into the station

to run that license plate. It matters

that the information in that computer

is accurate so that police officer knows

as well as humanly possible who that
S6820 CONGRESSIONAL RECORD — SENATE May 17, 1995

person is before the apprehension has

to be made, before that person is approached.

It matters when we have an investigation of a case and all the police

have is an unknown fingerprint, and

they have to try to figure out where

that fingerprint came from. It matters

under the technology that we have

today: Take that unknown print and

compare it with 4 or 5 million known

prints of known criminals. It matters.

That is the type of thing that we can

do with this new technology that we

never would dream of being able to do

without the computers. All this does,

in fact, matter. This is a tool, a tool

that will be relatively cheap in regard

to the entire crime bill.

Let me make very clear, Mr. President, the crime bill that we are introducing today does not spend any more

money. It basically accepts as given

what this Congress has decided last

year, and appears to be deciding again

this year, and that is over the next 5

years, we will devote 30 billion Federal

dollars, taxpayers’ dollars, to the fight

against crime.

The question that we have before

Congress today is how best to spend

that money, and can we improve upon

what the Congress did last year? I believe that we can.

The first thing that matters is technology. Our bill provides that. It will

make a difference. We will solve

crimes. We will save lives.

Let me move now to the second area.

The second thing that we know does, in

fact, matter in law enforcement. It

matters, Mr. President, if we can take

violent criminals off the streets. If we

can take violent criminals off the

streets and lock them up and keep then

locked up, we know they at least will

not be continuing to commit crimes.

My bill reinstitutes a program that

the Bush administration had in place

for over a year and a half. It was called

Project Triggerlock. The principle behind Project Triggerlock was very simple. The principle was that violent offenders who use a gun in the commission of a felony need to be targeted by

all U.S. attorneys in this country. And

in cooperation with local State prosecutors and county prosecutors, if they

wish, then the U.S. attorney takes that

case into Federal court, and under Federal law prosecutes that person. Then,

when the person is convicted, they are

housed courtesy of the Federal Government. That is a great assistance to law

enforcement because in most cases, the

Federal mandatory sentencing laws for

violent offenders, particularly violent

offenders who use a gun in the commission of a felony, is tougher than it is in

most States. We have a great deterrent

effect.

During the last administration, in an

18-month period of time, 15,000 violent

career criminals were taken off the

streets, prosecuted, locked up, and put

away for a long, long time. That matters. That is what the people in law enforcement call a specific deterrent.

That person is locked up and is going

to be specifically deterred from committing another crime as long as they

are, in fact, locked up.

Let me turn now, Mr. President, to

the third thing that matters: Technology matters. Technology will solve

crimes. It matters to lock up dangerous, violent people, particularly

those who use a gun. The third thing

that clearly matters that we have

learned from experience, if a community deploys police officers into a highcrime area, and if they are deployed

correctly—call it community policing,

call it whatever—but if they are deployed correctly in the community,

they will, in fact, reduce crime. There

is an inverse relationship between the

number of police officers put out on the

street and the crime, the violent crime

that occurs in a given area.

President Clinton was right in regard

to that basic concept. He is to be congratulated for that. I think, though,

that between the rhetoric and the details, something in last year’s crime

bill was lost. What was lost was a dedication of those tax dollars to be targeted to our most dangerous areas.

What my bill, the bill we introduce

today, is doing, is to take a finite

amount of money that we have, $5 billion, and target it to the 250 most dangerous places in this country to live,

the 250 places in this country where according to the FBI’s own statistics, the

crime rate is the highest. We are not

talking about writing bad checks. We

are not talking about forgery. What we

are talking about is rape, murder,

armed robbery, and aggravated assault—the meanest, toughest crimes

that there are. When we put that into

the computer and run that and compare that then by factoring with regard

to population, that is how we divided

this money up.

We went further in our bill. Where

the bill that was passed last year provided that this money would last for 3

years and that these police officers

that the Clinton administration envisioned would be paid for 3 years, our

bill pays for them for 5 full years.

In addition to that, our bill provides

for full funding, at 100 percent, so the

local community has no match. There

is no money the local community has

to put in. The Clinton bill is a 75–25-

match, where the local community has

to come up with 25 percent. There have

been a number of communities that

have had a problem with that, coming

up with those dollars. In fact, in Ohio

it is my understanding the city of Cincinnati, at least up until now, has not

made a match to have any police officers come in under this program. So

our bill targets the 250 communities in

this country where the violent crime

rate is the highest. Let me just give

some examples of what this will actually mean. Let me just skip around the

country.

In Detroit, MI, 96 police officers have

been hired so far under the Clinton

plan. Our bill provides, at full funding

for 5 years the hiring of 747.

Dallas, TX, 70 police officers hired so

far. Our bill provides for 604 police officers to be hired.

Atlanta, GA, 38 under the Clinton

bill. Ours provides for 442.

Miami, FL, only six, according to the

figures that we have come up with—

only six so far in Miami. Yet our bill

provides for 402.

St. Louis, 23 under the Clinton plan,

386 under our plan.

Chicago, 308 under the Clinton plan,

under ours 2,219.

There will be some people who have

already suggested to me that maybe

what you are doing makes sense but it

does not make political sense because

you are not spreading these police officers in every community. And that is

true, we are not doing that. But I think

what the American people expect us to

do and what we should do is to target

those police officers in those areas of

the country where they are most needed. Our bill provides money to be targeted. But we also provide, for those

communities that are not in that top

250 where the crime rate is the highest,

additional funds over and above what

the Clinton administration bill provided. We add an additional $1.8 billion

over 5 years. So those communities

will have additional money, but not

only additional money, they will have

a great deal of flexibility so if they

want to take that money and hire police officers or pay for overtime, they

can do that as well.

We may say, would it not be better

just to spread these police officers

throughout the country? We talked

about, particularly this year, the basic

functions of Government. What should

Government do? What should Government not do? What should the Federal

Government not do? What should the

State government do?

One of the basic functions of government, maybe the basic function of government—certainly the oldest function

of government, going back thousands

of years to the time when governments

of some sort were originally formed, it

may have been nothing more than a

chieftain or a king or someone guaranteeing to provide safety for people—but

the primary function of government is

to protect people and to make a safe

environment for them to live.

We have a crisis today in our inner

cities. We have a crisis in many parts

of our country. It is not totally, exclusively devoted to the inner cities, but

the inner cities certainly provide an

example of where crime is very, very

high. I think we have a moral obligation to try as a country to address that

problem. In 1987 the Justice Department estimated that 8 out of every 10

Americans will be victims of a violent

crime at least once in their lifetime.

Every year, one out of four households

is victimized by a crime. An American

is more likely to be injured by a violent crime than by a car accident.

So crime is a big problem and it is a

big problem for all Americans. But the
May 17, 1995 CONGRESSIONAL RECORD — SENATE S6821

crime we are talking about, the violent

crime, is really heavily concentrated in

certain areas. Princeton Prof. John

DeIulio reports that while Philadelphia—just as an example—while Philadelphia contains only 14 percent of the

population of the State of Pennsylvania, it accounts for 42 percent of the

entire State’s crime—an unbelievable

figure. What is happening to the children who live in these high-crime

areas? They are living a life, frankly,

that would be unimaginable for Americans of my parents’ generation.

Over 25 percent of inner-city children

growing up in this country think they

are likely to be shot at some point in

their life—25 percent, one-fourth of

these children growing up. A male

teenager growing up in an inner city is

at least six times more likely to be a

victim of violent crime than a male

teenager growing up somewhere else in

the country—six times. I do not think

we can give up on these young people,

these young Americans. They need

hope and opportunity every bit as

much as any other child in this country. They need a chance. And I believe

putting more police in their neighborhoods is something we can do to start

giving them that chance, the chance to

live without constant fear for themselves and for their families.

Let us make no mistake about it,

putting more police into those crimeinfested areas, the most crime-ridden

areas of our country, is not going to

solve all the problems of those communities. We all know that and we all

have an obligation to work on the

other problems—welfare reform, jobs,

making sure the schools in every

neighborhood in this country are good

schools so the children do in fact have

a chance and opportunity. But no matter what we do with our schools, no

matter what we do with welfare, no

matter what we do with job creation,

nothing positive can really take place

as long as crime does exist.

So, having community policing, having law enforcement targeted to these

areas, I believe, is clearly the right

thing to do. I do not think it is fair to

say to that child who, because of accident of birth, happens to be growing up

in an area where he or she is six times

more likely to be killed than a child in

a suburb, I do not think it is fair to say

to that child: We cannot do anything

about it. We are, for political reasons,

going to spread out these police officers, these new police men and women.

We are going to spread them out

throughout the country because for political reasons we think we can get

more votes that way for a particular

bill. I do not think that is right. I

think the right thing to do is to target

where these police men and women go,

and that is what our bill does.

Our bill does many other things. I see

my colleague from Michigan is on the

floor, so I am not going to speak very

much longer, let me advise him. But

let me say in conclusion that this bill

is aimed at doing things that matter,

doing things that will make a difference, doing things that will get the

job done. It is a very pragmatic bill, a

very hardheaded bill. And it basically

says this: If we as a Congress have

made the decision, as apparently we

have, that over the next 5 years we are

going to spend $30 billion on this very,

very important problem, then we

should spend it correctly and we should

listen to the men and women who are

professionals, who can tell us how to

spend it: More technology, more police

officers deployed correctly, and finally,

taking off the streets the violent repeat career criminals.

Let me conclude by saying that I

want to thank the original cosponsors

of this bill, Senator ASHCROFT, Senator

STEVENS, and Senator HATCH, and ask

for additional cosponsors. I look forward to working with the Members of

the Senate as we take these ideas that

I presented today, this past week, presented in this bill, take these ideas, incorporate them with other ideas of my

colleagues to come up with a final bill

this year, or next year, that will in fact

make a difference and will save lives,

that will reduce crime.

Mr. President, thank you very much.

At this point, I yield the floor.

ADDITIONAL COSPONSORS

fS. 338

At the request of Mr. DASCHLE, the

name of the Senator from Minnesota

[Mr. WELLSTONE] was added as a cosponsor of S. 338, a bill to amend title

38, United States Code, to extend the

period of eligibility for inpatient care

for veterans exposed to toxic substances, radiation, or environmental

hazards, to extend the period of eligibility for outpatient care for veterans

exposed to such substances or hazards

during service in the Persian Gulf, and

to expand the eligibility of veterans exposed to toxic substances or radiation

for outpatient care.

S. 389

At the request of Mr. JOHNSTON, the

name of the Senator from Colorado

[Mr. BROWN] was added as a cosponsor

of S. 389, a bill for the relief of Nguyen

Quy An and his daughter, Nguyen Ngoc

Kim Quy.

S. 433

At the request of Mr. KERRY, the

name of the Senator from Illinois [Mr.

SIMON] was added as a cosponsor of S.

433, a bill to regulate handgun ammunition, and for other purposes.

S. 619

At the request of Mr. SMITH, the

name of the Senator from Oklahoma

[Mr. INHOFE] was added as a cosponsor

of S. 619, a bill to phase out the use of

mercury in batteries and provide for

the efficient and cost-effective collection and recycling or proper disposal of

used nickel cadmium batteries, small

sealed lead-acid batteries, and certain

other batteries, and for other purposes.

S. 641

At the request of Mrs. KASSEBAUM,

the name of the Senator from Idaho

[Mr. CRAIG] was added as a cosponsor of

S. 641, a bill to reauthorize the Ryan

White CARE Act of 1990, and for other

purposes.

S. 684

At the request of Mr. HATFIELD, the

names of the Senator from Arkansas

[Mr. PRYOR], the Senator from Maryland [Ms. MIKULSKI], and the Senator

from New Jersey [Mr. LAUTENBERG]

were added as cosponsors of S. 684, a

bill to amend the Public Health Service Act to provide for programs of research regarding Parkinson’s disease,

and for other purposes.

S. 689

At the request of Mrs. MURRAY, the

name of the Senator from Washington

[Mr. GORTON] was added as a cosponsor

of S. 689, a bill to amend the Solid

Waste Disposal Act regarding the use

of organic sorbents in landfills, and for

other purposes.

S. 770

At the request of Mr. DOLE, the

names of the Senator from South Carolina [Mr. HOLLINGS], the Senator from

Alabama [Mr. HEFLIN], and the Senator

from Montana [Mr. BURNS] were added

as cosponsors of S. 770, a bill to provide

for the relocation of the United States

Embassy in Israel to Jerusalem, and

for other purposes.

SENATE CONCURRENT RESOLUTION 14—RELATIVE TO THE PANfAMA CANAL

Mr. HELMS (for himself, Mr. CRAIG,

Mr. COVERDELL, Mr. MACK, Mr. THOMAS, Mr. SMITH, and Mr. D’AMATO) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations:

S. CON. RES. 14

Whereas the Panama Canal is a vital strategic asset to the United States, its allies,

and the world;

Whereas the Treaty on the Permanent

Neutrality and Operation of the Panama

Canal signed on September 7, 1977, provides

that Panama and the United States have the

responsibility to assure that the Panama

Canal will remain open and secure;

Whereas such Treaty also provides that

each of the two countries shall, in accordance with their respective constitutional

processes, defend the Canal against any

threat to the regime of neutrality, and consequently shall have the right to act against

any aggression or threat directed against the

Canal or against the peaceful transit of vessels through the Canal;

Whereas the United States instrument of

ratification of such Treaty includes specific

language that the two countries should consider negotiating future arrangements or

agreements to maintain military forces necessary to fulfill the responsibility of the two

countries of maintaining the neutrality of

the Canal after 1999;

Whereas the Government of Panama, in

the bilateral Protocol of Exchange of instruments of ratification, expressly ‘‘agreed

upon’’ such arrangements or agreements;

Whereas the Navy depends upon the Panama Canal for rapid transit in times of emergency, as demonstrated during World War II,

the Korean War, the Vietnam conflict, the

Cuban Missile Crisis, and the Persian Gulf

conflict;