Congressional Record publishes “PETITIONS AND MEMORIALS” on June 3, 2015

Congressional Record publishes “PETITIONS AND MEMORIALS” on June 3, 2015

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Volume 161, No. 88 covering the 1st Session of the 114th Congress (2015 - 2016) 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 U.S. Dept. of Energy was published in the Senate section on pages S3677-S3678 on June 3, 2015.

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-29. A resolution adopted by the Legislature of Rockland County, New York, urging the United States Department of Transportation and the United States Department of Energy to immediately enact rules that mandate the stabilization and reduction in volatility of Bakken crude oil to be transported by rail and urging the United States Congress to pass the Crude-By-Rail Safety Act of 2015; to the Committee on Commerce, Science, and Transportation.

POM-30. A communication from a citizen of the State of Illinois memorializing a resolution adopted by the Senate of the State's General Assembly urging the President of the United States and the United States Congress to review the national tariff policy on steel goods and take action similar to the 2002 actions of President George W. Bush and Congress; and urging the President of the United States and the United States Congress to consider all possible trade and economic policies to protect this vital American industry and minimize the financial impact on these hardworking men and women; to the Committee on Finance.

POM-31. A concurrent memorial adopted by the Legislature of the State of Arizona urging the United States Congress to enact legislation that confirms that state law determines the entire scope of R.S. 2477 right-of-way; to the Committee on Energy and Natural Resources.

Senate Concurrent Memorial 1002

Whereas, in order to promote settlement of the American West in the 1800s and provide access to mining deposits located under federal lands, the United States Congress granted rights-of-way across public lands for the construction of highways by a provision of the Mining Law of 1866, now known as Revised Statute (R.S.) 2477; and

Whereas, the United States Congress repealed R.S. 2477 in 1976 as part of its enactment of the Federal Land Policy and Management Act, along with the repeal of other federal statutory rights-of-way, but it expressly preserved R.S. 2477 rights-of-way that already had been established; and

Whereas, in its entirety, R.S. 2477 provided that ``the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted''; and

Whereas, R.S. 2477 was self-executing and did not require government approval or public recording of title, which resulted in uncertainty regarding whether particular rights-of-way had in fact been established; and

Whereas, in April 2014, the Tenth Circuit Court of Appeals issued a decision in San Juan County v. United States in which the court rejected the notion that state law should determine the entire scope of R.S. 2477 rights-of-way, holding that state law has provided ``convenient and appropriate principles'' for determining the scope and validity of an R.S. 2477 right-of-way, but it can be dismissed when it ``contravenes congressional intent''; and

Whereas, in October 2014, the Ninth Circuit Court of Appeals issued a decision in County of Shoshone v. United States in which it confirmed that state law controls, or is

``borrowed,'' in determining what constitutes sufficient public use, reflecting a rejection of the approach taken by the Tenth Circuit Court of Appeals in San Juan County v. United States; and

Whereas, outdoor recreation is an essential industry in Arizona, generating $10.6 billion in consumer spending, 104,000 direct Arizona jobs, $3.3 billion in wages and salaries and $787 million in state and local tax revenue; and

Whereas, the reduction of public roads in this state would diminish access to and enjoyment of outdoor recreation opportunities on public lands, detrimentally impacting Arizona's economy.

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1. That the Members of the United States Congress enact legislation that is consistent with the decision of the Ninth Circuit Court of Appeals in County of Shoshone v. United States and that confirms that state law determines the entire scope of R.S. 2477 rights-of-way.

2. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.

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POM-32. A resolution adopted by the House of Representatives of the State of Illinois urging the President of the United States and the United States Congress to review the national tariff policy on steel goods and take action similar to the 2002 actions of President George W. Bush and Congress; and urging the President of the United States and the United States Congress to consider all possible trade and economic policies to protect this vital American industry and minimize the financial impact on these hardworking men and women; to the Committee on Finance.

House Resolution No. 0335

Whereas, The Granite City Works steel mill has operated since 1878: it was originally founded by brothers William and Frederick Niedringhaus as the Granite Iron Rolling Mills, and most recently, owned by United States Steel Corporation; and

Whereas, The Granite City Works has been an industry leader in sheet steel products for customers in the construction, container, piping and tubing, service center, and automotive industries; and

Whereas, Granite City Works has an annual raw steelmaking capability of 2.8 million net tons; and

Whereas, Global influences in the market such as reduced steel prices, unfair trade practices, & imports, and fluctuating oil prices, continue to have a dramatic negative impact on the steel production industry: and

Whereas, Domestic steelmakers continue to lose substantial sales to foreign countries, particularly China and South Korea, which have ``dumped'' their steel products into the United States market at prices below fair market value; and

Whereas, Due to these disruptions in the steel market, on March 25, 2015, United States Steel Corporation announced that it will temporarily idle the Granite City mill and lay off 2,080 steel workers by or after May 28, 2015; and

Whereas, Granite City Works is a vital part of the Metro-East economy, and the loss of this mill would be devastating to thousands of families and the financial well-being of the entire region: Now, therefore, be it

Resolved, by the House of Representatives of the Ninety-Ninth General Assembly of the State of Illinois, That we urge the President of the United States and Congress to review the national tariff policy on steel goods and take action similar to the 2002 actions of President George W. Bush and Congress; and be it further

Resolved, That we urge the President of the United States and Congress to consider all possible trade and economic policies to protect this vital American industry and minimize the financial impact on these hardworking men and women; and be it further

Resolved, That suitable copies of this resolution be presented to the President and Vice-President of the United States, the Majority and Minority Leaders of the United States Senate, and the Speaker and Minority Leader of the United States House of Representatives.

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SOURCE: Congressional Record Vol. 161, No. 88

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