Volume 144, No. 44 covering the 2nd Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PETITIONS AND MEMORIALS” mentioning the Environmental Protection Agency was published in the Senate section on pages S3354-S3356 on April 21, 1998.
The publication is reproduced in full below:
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and were referred or ordered to lie on the table as indicated:
POM-376. A resolution adopted by the Idaho State Grange relative to the Environmental Protection Agency; to the Committee on Agriculture, Nutrition, and Forestry.
POM-377. A resolution adopted by the Senate of the Legislature of the State of Michigan; to the Committee on Agriculture, Nutrition, and Forestry.
Senate Resolution No. 151
Whereas, The Food Quality Protection Act of 1996 (FQPA) was signed into law on August 3, 1996, by President Clinton; and
Whereas, Among the purposes of the FQPA is to assure that pesticide tolerance decisions and policies are based upon sound science and reliable data; and
Whereas, Another purpose of the FQPA is to assure that pesticide tolerance decisions and policies are formulated in an open and transparent manner; and
Whereas, The EPA is required by the FQPA to have reviewed approximately 3,000 of the approximately 9,700 existing tolerances by August 1999 to determine whether these tolerances meet the safety standards established by the FQPA; and
Whereas, The implementation of the FQPA could have a profound negative impact on domestic agricultural production and on consumer food prices and availability. With Michigan's diverse agriculture, this impact could be especially severe on our numerous specialty crops; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to take the following actions:
1. Direct the EPA to initiate immediately appropriate administrative rulemaking to ensure that the policies and standards the agency intends to apply in evaluating pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency.
2. Direct the EPA to use its authority under the FQPA to provide interested persons the opportunity to produce data needed to evaluate a pesticide tolerance so that the agency can avoid the use of unrealistic default assumptions in making pesticide tolerance decisions.
3. Direct the EPA to implement the FQPA in a manner that will not disrupt agricultural production nor have a negative impact on the availability, diversity, and affordability of food.
4. Conduct oversight hearings immediately to ensure that actions taken by the EPA are consistent with the FQPA provisions and congressional intent. If the intent of the legislation is not carried out, then Congress should postpone the August 1999 deadline. Following oversight hearings, Congress should, if necessary, take appropriate actions or amend the FQPA to correct problem areas.
5. Encourage the Secretary of Agriculture and the United States Department of Agriculture to increase its commitment of manpower and budgetary resources to work with the EPA to gather scientific data. Furthermore, Congress should encourage the United States Department of Agriculture to conduct an economic impact statement on the implementation of the FQPA.
6. Clarify the role of Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act as its provisions relate to the reestablishment of tolerances under the FQPA, and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the United States Environmental Protection Agency.
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POM-378. A resolution adopted by the Board of County Commissioners of St. Johns County, Florida relative to the U.S. Army Corps of Engineers; to the Committee on Appropriations.
POM-379. A concurrent resolution adopted by the Legislature of the State of Kansas; to the Committee on Appropriations.
House Concurrent Resolution No. 5029
Whereas, In the span of a few years, 1971 through 1973, the Federal Courts made it clear that an appropriate education is a fundamental right of children with disabilities that is secured by the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution; and
Whereas, In 1975, Congress passed Public Law 94-142, the Education for All Handicapped Children Act, known since 1990 as the Individuals with Disabilities Education Act of IDEA; and
Whereas, The IDEA requires that all children with disabilities receive a free, appropriate public education and provides a funding mechanism to assist states and local educational services agencies with the costs of maintaining programs; and
Whereas, For several years, the costs of providing special education services required under federal and state law have been escalating rapidly and have been a major concern of policymakers who have reviewed the matter studiously. To date, solutions have proven elusive; and
Whereas, All of the states have some mechanism in their school finance laws that acknowledge the additional costs of providing special education services for children with disabilities, estimated on average to be about 2.3 times greater than for general education pupils; and
Whereas, The U.S. Supreme Court has opined that the IDEA is a comprehensive scheme set up by Congress to aid the states in complying with the constitutional obligation to provide public education for children with disabilities; and
Whereas, The IDEA authorizes funding in accordance with a formula, a key variable of which is the average per pupil expenditure for general education pupils. The Act authorized Congress to appropriate a sum equal to 5 percent of this average per pupil expenditure in 1977, 10 percent in 1978, 20 percent in 1979, and 40 percent by 1980. Though the Act authorized funding according to this formula, appropriations have never approached the authorization level and remains at 10 percent or less today: Now, therefore, be it
Resolved by the House of Representatives of the State of Kansas, the Senate concurring therein, That the Legislature, in recognition that children with disabilities are endowed by the Constitution with the right to be provided with a free and appropriate public education and that the Congress of the United States has enacted the Individuals with Disabilities Education Act in order to insure that right, hereby urges the Congress to acknowledge the fact that special education services are extremely costly and should be supported by a combination of local, state, and federal funds; and be it further
Resolved, That the Legislature hereby requests the Congress to assume its fair share of the costs of special education services by increasing funding to a level more nearly approaching the level authorized by the Individuals with Disabilities Education Act; and be it further
Resolved, That the Secretary of State is hereby directed to send enrolled copies of this resolution to the President and President pro tempore of the Senate of the United States, to the Speaker of the House of Representatives of the United States, and to each member of the Kansas Congressional Delegation.
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POM-380. A resolution adopted by the Senate of the General Assembly of the Commonwealth of Kentucky; to the Committee on Appropriations.
Resolution
Whereas, The conditions of the roads and bridges in the states is deteriorating; and
Whereas, The demand placed upon the nation's transportation system has increased and will continue to increase into the 21st Century; and
Whereas, Safe, reliable, and cost effective movement of people, goods, and information is critical to economic development and competitiveness in the market; and
Whereas, The United States Department of Transportation has estimated that over five years, $357 billion is needed to improve the highway system, while $39.5 billion is needed just to maintain current road conditions; and
Whereas, States need every possible unencumbered dollar to improve their roads and bridges; and
Whereas, the United States Congress is urged to focus on incentives rather than disincentives in any transportation bill; now, therefore, be it
Resolved by the Senate of the General Assembly of the Commonwealth of Kentucky:
Section 1. The Senate hereby urges the Congress of the United States to provide funding without mandates to the Transportation Cabinet.
Section 2. The Senate Clerk of the Senate is directed to submit a copy of this Resolution to each member of the United States House of Representatives and the United States Senate.
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POM-381. A resolution adopted by the Senate of the Legislature of the Commonwealth of Pennsylvania; to the Committee on Appropriations.
Whereas, Transportation access and safety are essential to economic hopes in communities across Pennsylvania; and
Whereas, While Pennsylvania has taken steps to increase the amount of State transportation funding to match Federal dollars and to deal with State areas of responsibility, the list of priority projects still exceeds available funds and the State's 12-year transportation plan contains many projects for which funding is unidentified; and
Whereas, Huge increases in vehicle miles traveled and in shipping products and goods on interstate highways add significantly to maintenance needs; and
Whereas, The Federal Highway Administration periodically documents the substantial number of structurally deficient and functionally obsolete bridges in Pennsylvania; and
Whereas, Federal funding remains the most critical share of the funding for major construction and reconstruction projects, and the six-year reauthorization bill will determine the size and effectiveness of the transportation program Pennsylvania can undertake; and
Whereas, Congressman Bud Shuster, as Chairman of the Committee on Transportation and Infrastructure, and other congressional transportation advocates have proposed greatly increasing Federal funding as part of the transportation reauthorization, in the understanding that infrastructure investment is vital to the economic health of the nation and the states; and
Whereas, A long-term determination of Federal funding levels is necessary to allow for coordinated transportation planning at the State and local levels; and
Whereas, Money raised through Federal transportation taxes should be used to pay for transportation projects and enhanced motor vehicle and truck safety measures; not to cover deficits in other areas of Federal endeavor; therefore be it
Resolved, That the Senate of the Commonwealth of Pennsylvania urge the Congress of the United States to take action on the comprehensive multiyear transportation funding legislation; and be it further
Resolved, That congressional action on the transportation reauthorization include provisions for releasing trust fund moneys being withheld from transportation projects; and be it further
Resolved, That Pennsylvania support an increase in the Federal funding available to expand the array of projects that can be undertaken, which in turn will move up the completion of transportation priorities and secure the considerable job creation and highway safety benefits that will result; and be it further
Resolved, That copies of this resolution be transmitted to the presiding officers of each house of Congress and to each member of Congress from Pennsylvania.
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POM-382. A concurrent resolution adopted by the Legislature of the State of West Virginia; to the Committee on Appropriations.
House Concurrent Resolution No. 16
Whereas, In 1977 the Surface Mining Control and Reclamation Act was enacted into law establishing an Abandoned Mine Reclamation Fund financed by a fee assessed on every ton of coal mined for the purpose of restoring previously mined but left unreclaimed lands; and
Whereas, To date over $1.1 billion has been spent nationwide from the Abandoned Mine Reclamation Fund to mitigate the hazards associated with abandoned coal mine lands such as dangerous highwalls, impoundments, open mine portals and contaminated water supplies; and
Whereas, West Virginia's share of unfunded high-priority abandoned coal mine reclamation costs are estimated to be
$415 million; and
Whereas, West Virginia has received and spent almost $200 million from the Abandoned Mine Reclamation Fund to finance the reclamation of abandoned coal mine land sites in the State but is of the firm conviction that additional funding is vital to the success of future water projects within this State; and
Whereas, The discrepancy between fee collections and expenditures is widening, with approximately $285 million collected in fiscal year 1997 and only $177 million appropriated; and
Whereas, The threat to the health, safety and general welfare of coalfield citizens from the hazards associated with abandoned coal mine sites is unacceptable and must be mitigated; and
Whereas, The expenditure of funds for abandoned mine reclamation projects not only enhances the coalfield environment but creates jobs in the construction of such projects; therefore, be it
Resolved by the West Virginia Legislature, That the Committees on Appropriation of the United States House of Representatives and the United States Senate are urged to increase the annual appropriation from the Abandoned Mine Reclamation Fund to a level commensurate with annual fee collections as well as begin to draw-down the unspent balance of the fund especially for future water projects in these troubled areas; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the United States House of Representatives, the Secretary of the United States Senate, and to each member of the West Virginia Congressional Delegation.
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POM-383. A joint resolution adopted by the General Assembly of the State of Colorado; to the Committee on Armed Services.
House Joint Resolution No. 98-1013
Whereas, The federal military base realignment and closure process has led to the closing of Lowry Air Force Base and the impending closure of Fitzsimons Army Garrison; and
Whereas, The exchange and commissary at the former Lowry Air Force Base has been closed, and the exchange and commissary at Fitzsimons Army Garrison is scheduled to be closed in March, 1999; and
Whereas, Over three thousand two hundred active duty military personnel with approximately six thousand eight hundred dependents are assigned to Buckley Air National Guard Base or other locations in the Denver metropolitan area; and
Whereas, Over four thousand members of the National Guard and Reserves in the Denver metropolitan area are entitled to unlimited exchange and limited commissary privileges; and
Whereas, Over nineteen thousand military retirees reside in the Denver metropolitan area; and
Whereas, The closure of the exchange and commissary at Lowry Air Force Base and the consequent increase in the number of persons using the exchange and commissary at Fitzsimons Army Garrison has resulted in the exchange and commissary at Fitzsimons being inadequate to support the needs of the persons eligible to use it; and
Whereas, The active duty military personnel, members of the National Guard and Reserves, and military retirees presently entitled to exchange and commissary privileges at Fitzsimons Army Garrison will suffer from decreased quality of life and increased financial burdens when the exchange and commissary at Fitzsimons Army Garrison is closed in March, 1999; and
Whereas, The closure of the exchange and commissary at Fitzsimons Army Garrison will eliminate over two hundred jobs; and
Whereas, The closest alternative exchange and commissary for the Denver metropolitan area is located at the United States Air Force Academy, which is over sixty miles and more than an hour's drive away from Denver; and
Whereas, Buckley Air National Guard Base is owned by the United States Air Force, but licensed to the State of Colorado; and
Whereas, Buckley Air National Guard Base and the City of Aurora, Colorado have sufficient power, water, and sewer infrastructure to support a new exchange and commissary at Buckley Air National Guard Base; and
Whereas, Roy Romer, Governor of Colorado; Major General William A. Westerdahl, Adjutant General of the Colorado National Guard; and Paul E. Tauer, Mayor of Aurora, Colorado all support the relocation of the exchange and commissary from Fitzsimons Army Garrison to new facilities to be constructed at Buckley Air National Guard Base; now, therefore, be it
Resolved by the House of Representatives of the Sixty-first General Assembly of the State of Colorado, the Senate concurring herein, That we, the members of the Sixty-first General Assembly, request that the Congress of the United States, the Secretary of Defense, and the Secretary of the Air Force take immediate action to authorize the relocation of the exchange and commissary at Fitzsimons Army Garrison to new facilities to be constructed at Buckley Air National Guard Base and to ensure that the exchange and commissary at Fitzsimons Army Garrison remains open until the new facilities are completed; and be it further
Resolved, That the new exchange and commissary to be constructed at Buckley Air National Guard Base be sized to adequately meet the needs of all persons in the Denver metropolitan area who are eligible to use it; and be it further
Resolved, That copies of this Resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Secretary of Defense, the Secretary of the Air Force, the Speaker of the House and the President of the Senate of each state's legislature of the United States of America, and Colorado's Congressional delegation.
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