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.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S5569-S5572 on June 2, 1998.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CONRAD (for himself and Mr. Dorgan):
S. 2127. A bill to forgive certain debt owed by the city of Dickinson, North Dakota; to the Committee on Energy and Natural Resources.
private relief legislation
Mr. CONRAD. Mr. President, today I introduce a bill to permit the Secretary of the Interior to accept a one- time, lump-sum payment from the city of Dickinson, North Dakota, in lieu of the annual payments required under the city's existing repayment contract for construction of the ``bascule gates'' on the Dickinson Dam on the Heart River. In exchange for reducing the debt the City would pay, this legislation calls on the City to work to improve the water quality on Patterson Lake. This bill would resolve a long-
standing issue for the City of Dickinson and the Bureau of Reclamation.
Mr. President, the history of the Bascule Gates is long and complex. The Bureau of Reclamation constructed the Dickinson Dam on the Heart River in 1949 and 1950 to supply water to the city of Dickinson, and for flood control, recreation, and other purposes. The reservoir created by this dam was named Patterson Lake in about 1960.
The need for additional water supply for the city was identified in the early 1970s, and the bascule gates were constructed in the early 1980s, to provide additional water storage capacity in Lake Patterson. At the time, the City expressed reservations over the cost of the bascule gates and the viability of the gates, since the City was not aware of any other location in a northern climate in which the gates had been tested or proven. In 1982, shortly after the gates were operational, a large ice block caused excessive pressure on the hydraulic system, causing it to fail. Construction modifications were made to the gate hydraulic system and a de-icing system was added in 1982, adding further costs to the project.
In 1991, the city began to receive its municipal water supply from the Southwest Pipeline Project, a project constructed in part with funds provided for North Dakota's statewide water project, the Garrison Diversion project, which is another Bureau of Reclamation project. The Southwest Pipeline brings high-quality water from Lake Sakakawea on the Missouri River to the City of Dickinson and other communities in southwest North Dakota. The water is of much higher quality that the water from the city's previous supply from Lake Patterson, and has helped spur economic development in the region. While the citizens of the area now benefit from a higher quality water supply, the City no longer benefits from the additional water supply provided by the bascule gates. The result is the City is paying for two Bureau of Reclamation projects, while it is using water from only one of those projects for its municipal water supply. The City has repaid more than
$1 million to the United States for the bascule gates, despite the fact that the gates now provide almost no direct benefit to the City.
The City has previously investigated alternatives to the current situation. The City has discussed the option of assuming title to the dam and bascule gates, as well as attempting to negotiate a new agreement with the Bureau of Reclamation administratively. However, because the terms of the existing contract are outlined statutorily, new legislation is required to make any changes to the current repayment contract.
The legislation I am introducing today would do four primary things. First, it would permit the Interior Secretary to accept a lump-sum payment of $150,000 from the City and terminate the remaining annual payments required under the existing repayment contract. This would end the issue of paying for the construction of these gates for both the City and the Federal government.
Second, my bill would require the Secretary to reallocate the costs of operation and maintenance for the bascule gates and the Dickinson Dam. The bill does not prescribe any particular reallocation formula, but does require the Secretary to consider the fact that the current benefits of the dam and bascule gates are primarily for flood control, recreation, and fish and wildlife purposes. In my view, operation and maintenance costs should be borne by those who benefit from a particular project.
Third, this legislation would permit the Secretary to enter an agreement with the City to give the city responsibility for improving the water quality and recreation value of the lake. The City has expressed its interest in developing the area to promote and enhance recreation and the environment in the area. In recent years, the City has been working with the U.S. Geological Survey and the North Dakota Department of Health and Department of Game and Fish to improve the lake's water quality.
Finally, my bill would permit the Secretary to enter any appropriate water service contracts in the future if the city uses water from Patterson Lake for its municipal water supply or for other purposes. It is only fair that if the City benefits in the future from the water stored behind the bascule gates that we preserve an option for recovering additional costs from those beneficiaries.
Mr. President, this legislation represents a win-win situation for the residents of the Dickinson area and for the Federal government. I hope this Congress will carefully study this issue and quickly pass this important legislation. I ask unanimous consent that the bill and a letter from the City Administrator of Dickinson be printed in the Record.
There being no objection, the items were ordered to be printed in the Record, as follows:
S. 2127
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that--
(1) the Bureau of Reclamation constructed structures known as the bascule gates on top of the Dickinson Dam on the Heart River, North Dakota, to provide additional water supply in the reservoir known as Patterson Lake for the city of Dickinson, North Dakota, and for additional flood control and other benefits;
(2) the gates had to be significantly modified in 1982 because of damage resulting from a large ice block causing excessive pressure on the hydraulic system, causing the system to fail;
(3) since 1991, the City has received its water supply from the Southwest Water Authority, which provides much higher quality water from the Southwest Pipeline Project;
(4) the City now receives almost no benefit from the bascule gates because the City does not require the additional water provided by the bascule gates for its municipal water supply;
(5) the City has repaid more than $1.1 million to the United States for the construction of the bascule gates, and has been working for several years to reach an agreement with the Bureau of Reclamation to alter its repayment contract;
(6) the City has a longstanding commitment to improving the water quality and recreation value of the reservoir and has been working with the United States Geological Survey, the North Dakota Department of Game and Fish, and the North Dakota Department of Health to improve water quality; and
(7) it is in the public interest to relieve the United States from further risk or obligation in connection with the collection of construction costs for the bascule gates by providing for a single payment to the United States in lieu of the scheduled annual payments and for the termination of any further repayment obligation.
SEC. 2. DEFINITION.
In this Act:
(1) Bascule gates.--The term ``bascule gates'' means the structure constructed on the Dam to provide additional water storage capacity in the Lake.
(2) City.--The term ``City'' means the city of Dickinson, North Dakota.
(3) Dam.--The term ``Dam'' means Dickinson Dam on the Heart River, North Dakota.
(4) Lake.--The term ``Lake'' means the reservoir known as
``Patterson Lake'' in the State of North Dakota.
(5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation.
SEC. 3. FORGIVENESS OF DEBT.
(a) In General.--The Secretary shall accept a 1-time payment of $150,000 in lieu of the existing repayment obligations of the City under the Bureau of Reclamation Contract No. 9-07-60W0384, dated December 19, 1988.
(b) Ownership.--Title to the Dam and bascule gates shall remain with the United States.
(c) Costs.--
(1) In general.--In consultation with the City and the State of North Dakota, the Secretary shall reallocate responsibility for the operation and maintenance costs of the Dam and bascule gates.
(2) Consideration of benefits.--The reallocation of costs shall reflect the fact that the benefits of the Dam and bascule gates are mainly for flood control, recreation, and fish and wildlife purposes.
(d) Water Quality.--
(1) In general.--The Secretary shall enter into an agreement with the City to make activities to improve water quality of the Lake and to enhance the recreational value of the Lake the responsibility of the City .
(2) Assistance.--The City may seek the assistance of Federal agencies to assist in improving the water quality of the Lake.
(e) Water Service Contracts.--The Secretary may enter into appropriate water service contracts if the City seeks to use water from the Lake for municipal water supply or other purposes.
____
City of Dickinson,
Dickinson, SD, March 3, 1998.Senator Kent Conrad,c/o Kirk Johnson,Hart Office Building,Washington, DC.
Dear Kirk: Thanks for your call this morning. As I said on the phone, the city of Dickinson is grateful for the assistance Senator Conrad is providing to the City as a means of resolving the Bascule Gate issue. Following our conversation, I spoke to our City Attorney, Tim Priebe and asked him to consider any points that he feels might add to our argument necessitating legislation on this matter. I have included his input in developing the points to consider in developing the legislation.
Here are a few ideas we came up with:
The city of Dickinson has never agreed with the placement of the Bascule Gate device on Dickinson Dam.
The Bureau of Reclamation has been unable at this point to provide us with information showing other locations in northern climates, affecting by severe winter conditions, in which Bascule Gates have been used.
We feel the Bascule Gates have more of a flood control benefit than the water impoundment benefit that the City sought in the 1970's prior to the installation of the gates.
Since 1991, the city of Dickinson has benefited greatly from a new source of water, the Missouri River, which was made possible through the construction of the Southwest pipeline. For this reason, the City no longer uses Patterson Lake as a water source.
The Southwest Water Authority has informed the City that it has no desire to ever use Patterson Lake as a backup source of water.
The city of Dickinson has a long standing commitment to the maintenance Patterson Lake as a recreational resource, the improvement of water quality and the extension of the possible life of Patterson Lake. In recent years, the City has actively participated in a study headed by the US Geological Survey and the North Dakota Department of Health to study the Patterson Lake watershed as a means of identifying potential threats to Patterson Lake and water quality due to both sediment and nutrient loading. The final document for this study was produced in December, 1997.
In accordance with Bureau of Reclamation recommendations, the City recently worked on the transfer of Patterson Lake, Dickinson Dam and related properties from the US Government to the city of Dickinson as a means of resolving the Bascule Gate issue. This effort was abandoned over local concerns regarding the potential liability the City might be taking on if the effort were successful. Prior to abandonment of the transfer issue, the City paid for studies, the outcome of which was a direct benefit to the public. These included a cultural resources study and beginning work on a NEPA study. We understand that the Bureau of Reclamation used the information gathered and completed the studies, which will have a long lasting benefit by having cultural resources and potential cultural resources identified.
In recent years the City has been working with the North Dakota Department of Game and Fish to improve water quality in the lake and thereby increase its usefulness as a fishery.
Also while discussing this matter with Tim Priebe, he suggesting referring to a document prepared a few years ago in conjunction with Senator Dorgan's office and the North Dakota State Water Commission. It points more toward the recreation and environmental aspects of this effort, rather than simply an asset buydown. I am enclosing a copy of that study.
If I can be of further assistance, please let me know.
Sincerely,
Greg Sund,
City Administrator.
______
By Mr. STEVENS:
S. 2128. A bill to clarify the authority of the Director of the Federal Bureau of Investigation regarding the collection of fees to process certain identification records and name checks, and for other purposes; to the Committee on the Judiciary.
no gun tax of 1998
Mr. STEVENS. Mr. President, I introduce for proper referral the No Gun Tax Act of 1998 to address the implementation of the National Instant Criminal Background Check System (NICS) which takes effect November 30, 1998.
As you know, the Brady Act had two provisions: an interim provision, which will expire on November 29, 1998, and permanent provision which will take effect on December 1, 1998. The permanent provision mandates the establishment of a National Instant Criminal Background Checks System (NICS). The operation of the NICS will be the responsibility of the Justice Department.
The Department of Justice now proposes to charge fees for the NICS using the authority of a provision in the 1991 Commerce, Justice, State Appropriations Act (Public Law 101-515)--an Act that was passed two years before the NICS program and which was never intended to allow fees under the NICS program. This limited 1991 authority allowed fees only ``to process fingerprint identification records and name checks for non-criminal justice * * * and licensing purposes.'' It was not intended to apply to programs like the NICS program, which checks the criminal background of purchasers and has nothing to do with licensing.
For years I and others pushed for the instant check system as the most thorough and efficient way to ensure that criminals cannot buy firearms. The imposition of a fee would encourage some to try to obtain firearms on the black market. No matter how you feel about gun control, we should all do what we can to make sure the new background check system works.
I ask unanimous consent that the text of the bill be printed in the Record. I urge all of my colleagues to support this very important bill.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2128
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 ``No Gun Tax Act of 1998''.
SEC. 2. IDENTIFICATION RECORDS AND NAME CHECKS FEES.
The first paragraph under the subheading ``Salaries and Expenses'' under the heading ``Federal Bureau of Investigation'' in title II of Public Law 105-515 (28 U.S.C. 534 note) is amended by adding at the end thereof the following new sentence: ``Notwithstanding the foregoing or any other provision of law, the Director may not collect any fee, assessment, third party collection, or other charge from any person or agency in connection with any background check required under subsections (s) or (t) of section 922 of title 18, United States Code.''.
______
By Mr. AKAKA (for himself and Mr. Inouye):
S. 2129. A bill to eliminate restrictions on the acquisition of certain land contiguous to Hawaii Volcanoes National Park; to the Committee on Energy and Natural Resources.
hawaii volcanoes national Park adjustment act of 1998
Mr. AKAKA. Mr. President, in behalf of myself and Senator Dan Inouye, I am introducing legislation today that would enable the National Park Service to acquire a valuable parcel of land at the southern tip of the Island of Hawaii for inclusion in Hawaii Volcanoes National Park (HVNP).
My bill, which is supported by the Administration, would revise HVNP's enabling act to allow the Secretary of the Interior to use appropriated funds to acquire a certain 1,951-acre tract of privately held land on the southern boundaries of the park. HVNP's existing statutory authority precludes the acquisition of additional contiguous properties except by donation.
Mr. President, the small parcel of land that the Park Service wishes to acquire is clearly defined by the ``Great Crack,'' a landform which extends to the summit of the Kilauea Caldera and is characterized by extensive pili grasslands. The area contains historic and prehistoric lava flows with related geological features, major lava tube systems of significant biological and cultural value, and over two miles of coastal environment with associated cultural sites and marine resources.
Located adjacent to HVNP's designated Wilderness Area, one of the most remote areas of the wilderness in Hawaii, the proposed acquisition would be managed as undeveloped land sharing the same wilderness qualities of natural quiet, grand vistas, and solitude.
Mr. President, the acquisition of this parcel will significantly enhance the environmental and cultural values of Hawaii Volcanoes National Park. I hope that my colleagues will support this measure.
Thank you, Mr. President. I ask unanimous consent that the full text of my bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2129
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 ``Hawaii Volcanoes National Park Adjustment Act of 1998''.
SEC. 2. HAWAII VOLCANOES NATIONAL PARK.
The first section of the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b), is amended by inserting before the period at the end the following: ``, except for the land depicted on the map entitled `NPS-PAC 1997HW', which may be purchased with donated or appropriated funds.''.
____________________
