S11974 CONGRESSIONAL RECORD — SENATE September 24, 2007 Republicans: Frank Wolf (R–VA), Mary that is very important, which is build- Ms. LANDRIEU. Yes. Bono (R–CA), Michael Castle (R–DE), John ing and rebuilding the water infra- Mrs. BOXER. I yield 10 minutes of Abney Culberson (R–TX), Tom Davis (R–VA), structure of our Nation. Today is a day my time to Senator LANDRIEU. I wish Charles Dent (R–PA), David Dreier (R–CA), to say before she begins, she has been a Vernon Ehlers (R–MI), Jo Ann Emerson (R– that is 7 years in the making. MO), Phil English (R–PA), Jeff Fortenberry I wish to start off by thanking my mover behind this bill. She has worked (R–NE), Luis Fortun˜ o (R–PR), Jim Gerlach committee, all of the Members on my her heart out to get this bill to the (R–PA), Wayne Gilchrest (R–MD), Dean Hell- side of the aisle, and Senator INHOFE, floor and, as a result of her working, of er (R–NV), David Hobson (R–OH), Peter our ranking member, and all his col- course, along with her colleague, Sen- Hoekstra (R–MI), Walter Jones (R–NC), Jack leagues on the Republican side of the ator VITTER, who is on the committee, Kingston (R–GA), Mark Kirk (R–IL), Randy aisle. This is an unusual day. This is a our committee came to Louisiana and Kuhl (R–NY), Michael McCaul (R–TX), Sue day where we come forward united on a held a very unique hearing. We had Wilkins Myrick (R–NC), Jim Ramstad (R– MN), Ralph Regula (R–OH), David Reichert bill that will authorize the projects and many colleagues—I see Senator CARDIN (R–WA), Christopher Shays (R–CT), Chris- policies of the Civil Works Program of is on the floor. He was there. We had a topher Smith (R–NJ), Patrick Tiberi (R–OH), the Army Corps of Engineers. I am so very good turnout, and Senator Fred Upton (R–MI), James Walsh (R–NY), pleased we will vote today on final pas- LANDRIEU was eloquent. She has been Zach Wamp (R–TN), Ed Whitfield (R–KY), sage of that bill, and we will send it to eloquent on the floor of the Senate in Roger Wicker (R–MS), and Don Young (R– the President. the past I look forward to hearing her AK). I hope President Bush will reconsider remarks. The ACTING PRESIDENT pro tem- his veto threat of this bill. I think col- The ACTING PRESIDENT pro tem- pore. The Senator from California is leagues will speak to how urgent this pore. The Senator from Louisiana is recognized. bill is. Imagine not having a water re- recognized. Mrs. BOXER. Mr. President, could sources bill for 7 long years. That is Ms. LANDRIEU. Mr. President, I the Chair tell me what the order is this too long to wait. If colleagues are con- thank the Senator from California and morning. cerned about the size of the bill—truly, all of my colleagues on this particular f if we had gone back the way we did it, committee who have worked so hard. CONCLUSION OF MORNING every 2 years, it would be about the The ranking member, Senator INHOFE BUSINESS size that this bill is. As Senator INHOFE from Oklahoma, has also worked hard. will say when he gets here—and, as you But I have to say to this chairwoman The ACTING PRESIDENT pro tem- know, he and I don’t agree on many en- who took the chairmanship of this pore. Morning business is closed. vironmental matters, but on public committee and said 7 years is enough f works matters we do agree—this is the time to wait, it is too long for the peo- WATER RESOURCES DEVELOP- first step in a long process—the author- ple of Louisiana, for California, or MENT ACT OF 2007—CONFERENCE izing step—and then comes the appro- Florida, or Maryland—my good col- REPORT priations. league from Maryland, Senator CARDIN, The ACTING PRESIDENT pro tem- So every one of these projects that who serves on this committee has been pore. Under the previous order, the has gone through local governments all so forceful—she said: I am coming to Senate will proceed to the consider- over this country—remember, for every Louisiana. I want to see it for myself, ation of the conference report to ac- one of these projects, there is a local particularly after Hurricanes Katrina company H.R. 1495, which the clerk match. These are projects that came and Rita devastated our coast. As the chairwoman knows, we lost will report. from the bottom up, from our people The legislative clerk read as follows: who were saying to us we need help 267 square miles of land in south Lou- The committee of conference on the dis- with flood control, with economic de- isiana because of the storm and the agreeing votes of the two Houses on the velopment, with dredging and we need devastation of the tides, the surges, amendment of the Senate to the bill (H.R. help with wetlands restoration and in a and the flooding. That is more than the 1495), to provide for the conservation and de- number of areas involving the move- whole District of Columbia, more than velopment of water and related resources, to ment of water; and this country two and a half times the size of the 100 authorize the Secretary of the Army to con- learned it when we watched after Hur- square miles that represent the Dis- struct various projects for improvements to ricanes Rita and Katrina. trict of Columbia. This is a huge ex- rivers and harbors of the United States, and If we didn’t know it then, we cer- panse of land that was lost. for other purposes, having met, have agreed This Senator said enough. We have to recommend and do recommend that the tainly know it now. So I say to this House recede from its disagreement to the President, this bill is in line, in terms been waiting too long. It has been 7 amendment of the Senate and agree to the of the pricetag, with what we would long years. Today with this conference same with an amendment, signed by all con- have had if we had done this bill every report vote that is going to take place ferees on the part of both Houses. 2 years. There is huge support for this in about 2 hours, that wait will come to (The conference report is printed in bill. The votes in the House and the an end. The last step Congress can take the proceedings of the House in the Senate are enormous, very one-sided. to send this bill off will have been RECORD of July 31, 2007) So I hope, Mr. President, if you are taken. The conference report, hope- The ACTING PRESIDENT pro tem- listening or people in your office are fully, will be approved by a vast major- pore. The Senator from California is listening, this is a respectful request to ity of Senators on both sides of the recognized. please join with us. We don’t have to aisle. It would not have happened with- Mrs. BOXER. Mr. President, I am fight over every single thing. When it out Senator BOXER’s leadership. I am, very pleased to bring to the floor today comes to the economy, the quality of indeed, so grateful on behalf of the peo- the conference report on H.R. 1495, the life of our people, we should be united. ple I represent in Louisiana. Water Resources Development Act of The House vote on this conference re- This is a small map, but it shows my 2007. I think I can pick up on some- port was 381 to 40. We are hoping we colleagues the vastness of the land we thing Senator ALEXANDER said about will vote in that same fashion in the are trying to protect and preserve, this how divided we are in this country over Senate. great wetlands, which is the green area this Iraq war. That is very clear. No Mr. President, how much time do I shown on this chart. The Mississippi one understands more than our Sen- have, since I am Senator REID’s des- River comes down, of course, through ator who is sitting in the chair and pre- ignee? the mouth of the Mississippi River. siding today how we are divided. This The ACTING PRESIDENT pro tem- This is the Sabine River that divides is a different story, so we will take a pore. Each of the managers has 671⁄2 Louisiana from Texas and the Pearl little break out of our discussions minutes. The Senator has used 31⁄2 min- River that serves as a boundary be- about Iraq, and we will continue to utes. tween Mississippi and Louisiana. work for bipartisanship in bringing Mrs. BOXER. Mr. President, will Sen- From east Texas, all of Louisiana, this war to an honorable close. ator LANDRIEU be amenable to taking and for west Mississippi, this is an ex- At this time, we take a little break 10 minutes at this time, and I will re- tremely important bill for our coastal from that and turn toward something serve time later for her in the debate? regions. It is going to provide historic

VerDate Aug 31 2005 02:34 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.005 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11975 and first-time funding for a com- It is also very scary for Florida, Vir- Mr. VITTER. Mr. President, I also prehensive wetlands restoration, a ginia, North Carolina, and Georgia. rise and join so many colleagues on combination of levees, wetlands res- This is the track of all hurricanes from both sides of the aisle in strong support toration, and freshwater diversion 1955 to 2005. This is what the south- of this Water Resources Development projects that are going to not only pro- eastern part of this country has to Act conference report. Perhaps it is ap- tect the 3.5 million people who live brace itself for every year—year after propriate that we will pass this his- south of the I–10—when people say to year after year. toric legislation through the Senate me, Senator, why do you live there? I According to all reports, these today, September 24, the 2-year anni- don’t know exactly how to answer that storms are getting stronger and strong- versary of Hurricane Rita which dev- question other than to say we have er and more numerous. We have been astated large parts of southeast Texas been there for 300 years. very blessed that we have not had a and southwest Louisiana. I don’t know exactly why the first critical storm this summer. But the Of course, less than a month ago, Au- person—and that was before the Native season is still open until November. gust 29, was the 2-year anniversary of Americans. That was after the Native This yellow track is the track of Hurricane Katrina, also appropriate Americans settled the land. I am Katrina. This blue track is the track of that we are finally moving on this cru- speaking about when Bienville put up a Rita which actually hit 2 years ago cial legislation so near to that anniver- stake along the Mississippi River. I today. I was down in Cameron Parish sary. would say there are any number of rea- on the corner of Louisiana, and east In fact, I would go so far as to say sons, one of which is it was absolutely Texas is still hurting very badly, as that as we still battle to recover from imperative to settle on the mouth of well as our areas, from this storm. It those two devastating storms, as we the river for westward expansion for has not recovered yet. still climb out of that enormous set- the Nation. We couldn’t have had a na- My point is, this bill not only has back in Louisiana, as we still face im- tion without the Mississippi River and projects for inland waterways and navi- portant work to do related to that re- the Louisiana Purchase, of which 19 gation, but it provides vital projects covery in Congress, this conference re- States now are made up from the Lou- for all of the southeastern United port, this WRDA bill, is the single most isiana Purchase. States and for the eastern seaboard to important thing we can pass to help We remember our history. I cannot protect the people, the great indus- the gulf coast with that recovery, par- go into all the reasons, but they most tries, and manufacturing that are rep- ticularly medium and long term. That certainly are there with 300 years of resented through all sorts of navigable is how vital it is to improve hurricane history. There are 3 million people who waterways and ports that service this flood protection. That is how essential live here. We cannot relocate them. It whole Nation. it is to our very lifeblood survival re- would be cost prohibitive. We can only Without this bill, this whole area will covery from the devastating impact of protect them. We have put in smart become significantly more vulnerable Hurricanes Katrina and Rita. Of course, as virtually everyone, I am planning and smart zoning. That is and open to storms, erosion, and very frustrated about how long it took what we are doing and have been doing. surges. This is a very dramatic chart us to get to this moment—7 years— The parishes put up money, and the that shows what we are up against. when a WRDA bill is expected to be State, and the Federal Government, I am going to come back later and passed every 2 years. But at least, I and that is what we are doing. show some other charts, but in conclu- will also say, we have done something I only have a few minutes remaining. sion, this is a historic bill for Lou- with that delay in improving the bill, I will speak later. isiana. It is extremely important for particularly to take account of the There is another way to look at the the Nation. For the first time we have needs and the lessons learned coming levee system that is crucial to protect authorized Morganza to the gulf which the people who live in south Louisiana. out of those devastating storms. protects Houma, LA, a city not a lot of I first came to the Senate after the Unlike many States, we do not have people hear about, but it is a very im- election of 2004, January 2005. The first beaches. I have been to the beautiful portant city. It is smaller than Baton committee I was assigned to was the beaches in California, and I want them Rouge, smaller than New Orleans, Environment and Public Works Com- preserved. I have been to some of the smaller than Lafayette, but it is cru- mittee, through which this WRDA bill, most beautiful beaches in Virginia and cial to the energy infrastructure of this of course, passes. That committee North Carolina and throughout the Nation. works on this bill. Even when I first country. We are the only State that We have many small towns in south came to the Senate 3 years ago, this does not have beaches. We only have Louisiana that my colleagues will not bill was about 2 years overdue. So it two: Holly Beach which is 7 miles hear a lot about, but we store oil and has been a long time coming. But we long—it was virtually destroyed in the gas there. We run pipelines through have worked on it, we have improved storm—and Grand Isle, which is 7 miles these towns. People are down there it, it has gone through the committee long. This coastline is thousands of working their hearts out to give us the process, and it has gone through the miles long with only two little beaches. energy security we need. The least we conference process. But we do have wetlands. We do not can do is protect their schools, their I also served on the conference com- have people living on these wetlands. communities, their way of life, and mittee. We finally have a very good, Sometimes there is a little camp here their culture. robust product and, again, we have at or a little community there. But they I thank Senator BOXER for allowing least taken advantage of that time are stuck on the high ridges. They have me to speak. I thank my colleague Sen- lapse to learn the lessons of Hurricanes been living on ridges that can be pro- ator VITTER, who is a member of this Katrina and Rita and to include key tected, and with the right kind of lev- committee. He will be speaking in a positions that Louisiana and the gulf ees and the right kind of comprehen- moment. He has been extremely help- coast need for their recovery and, in- sive system such as is in the Nether- ful, energetic, and forceful in his advo- deed, survival. lands and other places in the world, cacy for many of these projects. We What crucial provisions are included this can be done. It takes commitment, have worked together. I am very in this bill? A 100-year level of hurri- it takes dedication, and it needs a pleased that he has put so much time cane protection. President Bush, in his steady stream of funding. and effort into this bill. famous Jackson Square speech in mid- Mr. President, how many minutes do I see my colleague from Florida, who September 2005, made a clear, firm, and I have remaining? also has made a historic breakthrough historic commitment to that very high The ACTING PRESIDENT pro tem- on some projects, particularly the Ev- level of hurricane protection. pore. The Senator has 41⁄2 minutes re- erglades. This bill embodies that commitment maining. I yield back the remainder of my and passes it into law. It takes several Ms. LANDRIEU. Mr. President, this time. steps forward toward that 100-year is a fairly dramatic chart I want to The ACTING PRESIDENT pro tem- level of protection. show people. It is a little scary for me pore. Who yields time? Recently the Corps determined that and, I am sure, the people I represent. The Senator from Louisiana. level of protection doesn’t exist in the

VerDate Aug 31 2005 23:41 Sep 24, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.014 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11976 CONGRESSIONAL RECORD — SENATE September 24, 2007 greater New Orleans area. We are be- We establish the Louisiana Water Re- tending out from the Saco River, adja- tween 2 and 16 feet vertically deficient sources Council to improve the effi- cent to Camp Ellis Beach. This jetty in terms of our levees throughout the ciency and performance of projects. altered the pattern of currents and greater New Orleans area. This bill That is a very important part of Corps sand and it is the primary cause of the fully authorizes addressing that short- reform. We expedite the process so devastating erosion at Camp Ellis. The fall. that, hopefully, no longer will it take extent of the erosion is truly shocking. The second key component of the an average of 13 years—13 years—for an Some 36 houses have been washed into bill, moving on into the future, is a average Corps project to even get to the sea in the last 100 years. The 1998 greater level of hurricane protection the stage where the first shovel hits shoreline is 400 feet from where the even beyond the 100-year level, what we the ground. shoreline stood in 1908. The houses that in south Louisiana call category 5 pro- This bill contains so many other cru- are now in danger were once six or tection. In prior legislation, some of cial provisions—closing of the MRGO, more houses back from the sea. the supplemental appropriation bills major improvements to the Bonnet In April of this year, a devastating we passed on an emergency basis after Carre diversion alternative, major hur- Patriot’s Day storm hit Maine with the hurricanes, we told the Corps to ricane protection improvements to the heavy winds and a great deal of rain. get to work studying and designing lower Jefferson Parish and Lafourche This terrible storm, the worst natural that higher level of protection. This Parish, and crucial work in the south- disaster to strike Maine since the ice bill further refines that mandate and west part of the State, where Hurri- storm of 1998, caused massive storm directs the Corps in no uncertain terms cane Rita caused devastating damage, surges, astronomically high tides, and to offer specific project recommenda- including deeper access to the Port of inland and coastal flooding. tions toward that fundamentally high- Let me show my colleagues some of Iberia, coupled with greater flood and er, sounder level of protection. the evidence of the devastation that hurricane protection for Vermilion A third crucial component is coastal was caused by this April storm. As you restoration. As my colleague from Lou- Parish, and improved dredging and can see, this is the road that follows isiana has referred to, Louisiana has navigation on the Calcasieu River, and along the waterfront. It was utterly lost enormous amounts of land, having on and on and on. This bill is a lifeline devastated. In another picture I will it vanish into the gulf due to coastal for our continued survival in Lou- show my colleagues, this is what hap- land loss. We have lost more land than isiana. pened to some of the houses that were exists in the entire State of Delaware. As we move forward, I thank all of along the waterfront. As you can see, Right now, as we speak, we lose a foot- the folks who worked so hard to they were completely destroyed as the ball field of land every 38 minutes, and produce this bill, certainly including water took out the foundations and that is 24 hours a day, 7 days a week, 52 the leadership of my EPW Committee, caused terrible destruction. That is a weeks a year. It goes on and on and on. the chair, Chairman BOXER, the rank- power pole that has been thrown down This bill begins to address in a very se- ing member, Senator INHOFE, and the by the storm. In yet another example, rious way that national emergency. chair and ranking member of the sub- a house has been absolutely ruined as a This bill authorizes an ambitious committee of jurisdiction, Senators result of this storm. coastal restoration plan. ISAKSON and BAUCUS, and all of their Now, when the jetty was first con- Again, the bill is long overdue, but very devoted staff. As we move on, I structed 100 years ago, we didn’t have we have made use of that delay. When urge all of us to join together to pass the knowledge we do now, and no one I first came to the Senate, the WRDA the bill, and then to either avoid Presi- predicted the terrible impact. The in- bill then under consideration only de- dential veto or, if necessary, hopefully credible force of the ocean during the voted about $400 million to this na- work immediately in a bipartisan fash- storm earlier this year literally washed tional crisis of coastal land loss. It ion to override that veto and ensure out the foundations of the homes. The only authorized one specific project. that this crucial legislation, crucial for street that once ran along the ocean We knew we had to do more. We saw we the very survival of Louisiana, be- front was largely destroyed, leaving had to do more because of the experi- comes law. nothing between the remaining homes ences of Hurricanes Katrina and Rita, Mr. President, I yield the floor. and the open ocean. Many homeowners and so now we authorize around $4 bil- Mrs. BOXER. Mr. President, I have a in the area were still dealing with lion of this crucial work, with 17 spe- little UC to take care of the people on flooded basements for weeks following cific coastal restoration projects fully the floor right now. the storm. This was a vivid reminder of authorized. I ask unanimous consent that Sen- the terrible impact a powerful storm Corps reform, another crucial provi- ator COLLINS be allowed to speak for up can have on those who live in this vul- sion, is embodied in the bill, although to 5 minutes; Senator NELSON for up to nerable community. I think we do Corps reform right, par- 10 minutes, and Senator BAUCUS for up The sea has advanced such that an- ticularly with regard to Louisiana to 10 minutes. other large storm could wash out the projects. One of the most bitter lessons The ACTING PRESIDENT pro tem- peninsula altogether and turn Camp of Hurricane Katrina in particular was pore. Does the Senator wish for the Ellis into an island. That, obviously, that the Corps had made serious engi- Members to speak in that order? would be devastating to the people who neering and other mistakes in the past Mrs. BOXER. Yes. And, for now, this live there. which led to the levee breaches and will be it, but I will do a second UC to We know what must be done to pre- devastating flooding throughout the include Senator LANDRIEU for another vent such a calamity. Studies under- New Orleans area. We had to reform 10 at a later time. taken at the direction of the Army the process to make sure that never The ACTING PRESIDENT pro tem- Corps of Engineers indicate that an off- happened again. We had to bring in pore. Without objection, it is so or- shore breakwater and a spur coming off outside engineering and other expertise dered. the jetty are likely to be needed to pro- to integrate with the expertise within The Senator from Maine. tect Camp Ellis from further erosion the Corps to make sure those sorts of Ms. COLLINS. Mr. President, I thank and the destruction of even more prop- mistakes were never made again. the chair of the committee for yielding erty. The Camp Ellis jetty was built by I drafted, with the help of others, me this time, and I rise today in sup- the Federal Government at a time Corps reform provisions that are in port of the conference report for the when the erosional impacts of shore- this bill, some of them specific to Lou- Water Resources Development Act. line structures were largely unknown. isiana projects. For the first time ever, This legislation authorizes important The jetty has served its important we fully integrate hurricane, coastal, studies and projects to protect and navigational purpose well over the 100- flood protection, and navigation pro- maintain water resources throughout plus years of its existence, but now it grams within Louisiana and we man- our country. is time for the Federal Government to date a specific integration team that I am especially pleased that the con- make good on its obligation to help will help that become reality so that ference report includes $26.9 million for those people who have been harmed by one type of project isn’t done in isola- Camp Ellis, ME. More than 100 years the structure the Federal Government tion. ago, the Army Corps built a jetty ex- built in the first place.

VerDate Aug 31 2005 23:41 Sep 24, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.023 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11977 With the passage of the Water Re- starts way north, just south of Or- Douglas, when she wrote of her great sources Development Act, we will fi- lando. It flows in a meandering stream love of these Florida Everglades, nally have authorized the funds nec- called the Kissimmee River into Lake termed the ‘‘River of Grass.’’ essary to act upon the best available Okeechobee and historically spilled I will conclude with this. Senator science and to fully and finally protect over out of Lake Okeechobee and BOXER and her husband were kind the residents of Camp Ellis. I urge my flowed in a massive sheet flow in this enough to go down to the Everglades colleagues to support the conference direction, southernly and southwest- with me a few weeks ago. It was this report, and again I thank the com- erly, until the hurricanes of the 1920s, incredible sight. As we glided over this mittee for being responsive to the con- in which over 2,000 people were killed, river of grass in an airboat and as the cerns of the people of Maine. drowned, and the whole idea was to Sun began to set and as the shadows Mr. President, I yield the floor. come in and start diking and draining lengthened, as we came out of the river The ACTING PRESIDENT pro tem- for flood control. But in so doing, they of grass into the Big Cypress Preserve pore. The Senator from Florida. messed up what Mother Nature in- with these stands of cypress trees, with Mr. NELSON of Florida. Mr. Presi- tended. that little light available right at dent, a commitment takes a lot more About the year 2000, when the com- dusk, it looked as if we were in this than lip service and nice words to re- prehensive Everglades restoration beautiful meadow of grass with the store ecosystems, and particularly eco- project was passed, it was to now ac- tree stands. Suddenly, reality struck systems that have been manipulated by commodate for several different things. when we saw a mother doe and her two mankind and distorted as has happened First of all, the water had been di- fawns—instead of bounding over the with the Florida Everglades. When I verted, so that had to be changed. But hills of the grass, they were jumping talk about commitment, I want to talk the fact is that now 6 million people over the grass out of the water and about Senator BOXER. This lady, in are living here. That wasn’t the case in back into the water, in this incredible only a few months, after waiting for 7 early Florida. And a vast agricultural place, the location of fauna and flora. years, with all other leadership flailing industry had developed on the south The Everglades does not just affect about and not making it happen—this end of the lake. To give the water Florida. It doesn’t just affect the West- ern Hemisphere. Major environmental lady, our chair of the Environment needs to the Everglades and the Ever- sites that are ecologically threatened Committee, has made it happen and it glades National Park and to the 6 mil- affect the climate of planet Earth, our is going to be passed. We are going to lion people and to the agricultural in- home. do it today, and we all hope the Presi- terests—that, put together, is the Com- prehensive Everglades Restoration I am so grateful that we have this dent will not veto it. But with the sep- bill up and that we are going to pass it aration of powers under our constitu- Plan. Ever since that was enacted, we have not had an authorization bill to with huge numbers today. tion, we have a way of enacting law I yield the floor. over a President’s veto, and that is bet- authorize the projects to implement this plan. So I again give kudos to Sen- The ACTING PRESIDENT pro tem- ter than a two-thirds vote in both pore. The Senator from Montana. ator BOXER for bringing this up and Houses of Congress to enact it into law Mr. BAUCUS. Mr. President, I rise making it happen fast. despite the veto of the President. We today to speak in support of the Water What we have, then, is a major hope we don’t have to do that, but if we Resources Development Act of 2007. project in this bill called the Indian do, we will. Then we can set things First, I deeply congratulate the chair River Lagoon. This is the Indian River right and we can get about the restora- of the committee, Senator BOXER. She up here. I happened to grow up, as a worked very hard and on a strong bi- tion. child, on this river. At times, that and I want to tell the Senate about this partisan basis to get this legislation the St. Lucie River flowing into the In- incredible area known as the Ever- where it is, working with Senator dian River Lagoon is like a dead river glades. This is a compendium of sat- INHOFE. I thank him equally. because of the excessive nutrients from ellite imagery over a 4-year period. I also wish to thank Senator ISAKSON, lower Lake Okeechobee flowing to This is at the southern tip of Florida. the ranking member of the sub- Tidewater. The same to the west, down This is Lake Okeechobee, Palm Beach, committee, concerning this legislation. the Caloosahatchee River, down to Fort Lauderdale, Miami, Homestead, And hats off to Senator Jim Jeffords. Fort Myers—excessive nutrients create Senator Jeffords and his staffer, Cath- and the beginning of the Florida Keys. a dead river. This is a road which was constructed in arine Ransom, deserve special thanks I couldn’t believe it. A couple of because for years they have been work- the 1920s, to get from Miami to Naples, years ago, I went out on that river called the Tamiami Trail. This is a ing on this legislation. I wanted first to right there, the St. Lucie River. First thank him for his efforts as well. I road which was constructed to get from of all, there was a bright-green algae know if he were here with us today, he Fort Lauderdale to Naples—Interstate bloom. You know what that means. would be very happy getting this legis- 75—called Alligator Alley. This, of That means algae is sucking up the ox- lation passed. course, was constructed much more re- ygen from the river, and therefore all We westerners have been plagued re- cently—sometime about 25 years ago— the living things that depend on that cently with several years of drought. and was constructed with box culverts river are not going to be there. I didn’t Ranchers and farmers across my State so that there would be proper water see the mullet jumping. I didn’t see the of Montana have watched their liveli- flows. porpoises rolling. I didn’t see Mr. Os- hood dry up before their eyes. The But you can imagine, back in the prey diving into the water to get his West’s battle with drought highlights 1920s they didn’t think about that. dinner. I didn’t see Mr. Eagle sitting the pressing needs to ensure our water When they built the Tamiami Trail, it over in the dead pine tree waiting for resources are used efficiently because in effect created a dike that, as the Mr. Osprey to catch his dinner for him. it does not rain in the West. It may water flowed south out of Okeechobee, It was a dead river. That is one of the rain in Washington, DC, and other in the historical Mother Nature pat- reasons for one of these major projects parts of the country, but it doesn’t rain terns, and would flow in this sheet flow called the Indian River Lagoon, and in the West. to the south into Florida Bay and into that is authorized. Then we have to ap- This conference report provides au- the gulf of Mexico, it was suddenly propriate the money and get it done. thority for the Army Corps of Engi- stopped by this dike, which was the There is another area here called the neers to move forward with long over- roadbed. Picayune Spring. It is a highly endan- due water resources projects. Levees So part of this bill called Modified gered area because of the encroach- are crumbling, people are living in Waters is to correct that, having addi- ment of development and the necessary harm’s way waiting for this legislation. tional flows come underneath and then waterflows. It, also, is addressed as The tragedy in Minnesota highlights eventually to construct a long bridge well as what I talked about, this dike, that need. This conference report au- or bridges here, which will enhance the which is the roadbed, called the thorizes projects that will provide flow of the water. Why enhance the Tamiami Trail. needed flood and storm damage protec- flow of the water? That is what Mother What we have is a comprehensive tion, navigation improvements, and en- Nature intended. The water actually plan for what Marjorie Stoneman vironmental restoration. Clearly, there

VerDate Aug 31 2005 23:41 Sep 24, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.024 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11978 CONGRESSIONAL RECORD — SENATE September 24, 2007 is authority here well needed, long anticipated the day the Congress en- The Corps was not given the author- overdue, for rebuilding and restoring acts meaningful reform. ity to determine the scope of the re- the coast of Louisiana, devastated by Unfortunately, today is not that day, view, but in these other respects, it Hurricanes Katrina and Rita. and this is not the reform bill the was given far too much authority, all Several projects are very important country needs. of which will compromise the inde- to my State of Montana: the Yellow- After a decade of Government and pendence of the review that is per- stone River and tributaries recovery independent reports calling for reform- formed. project; the Lower Yellowstone Project ing the Corps and pointing out stun- Second, it terminates the inde- at Intake, MT; the Missouri River and ning flaws in Corps projects and project pendent review provision 7 years after tributaries recovery project; the upper studies, and after the tragic failures of enactment. It is reasonable for Con- basin of the Missouri River project; and New Orleans’ levees during Hurricane gress to continually evaluate how the a riverfront revitalization project in Katrina, the American people deserve program is working, but to presume Missoula. meaningful reforms to ensure the there is not a need for a long-term re- There is also a very important au- projects the Corps builds are safe, ap- view and set a sunset date is irrespon- thorization for the rehabilitation and propriate, environmentally respon- sible. improvement of a very important aging sible, and fiscally sound. The urgency Independent reviews should be per- water project we called the Hi-Line Re- and necessity could not be clearer. manently integrated into the Corp’s gion of Montana, called the St. Mary Unfortunately, the conference report planning process. The burden should be diversion. This system is rusting, it is includes weak reforms. The Senate on the Corps to demonstrate why it cracking, and it is crumbling. If you go twice voted in support of strong reform does not need a congressionally man- out and see it, you are stunned how language, when it passed WRDA bills dated review process, rather than on much this is deteriorating. But 17,000 earlier this year and last Congress. But Congress to wage another battle to ex- Montanans on the Hi-Line depend on the conference report we are about to tend the requirement in 7 years. Third, it allows the Corps to exempt this 90-year-old system for their drink- vote on has been stripped of many im- projects. The Senate provisions estab- ing water. Without St. Mary, lower portant safeguards that would ensure lished mandatory review when clear Milk River would go dry 6 out of every accountability and prevent the Corps triggers are met. However, the con- 10 years, imperiling the water source to from manipulating the process. We ference report gives the Corps fairly thousands of Montana families. have compromised enough over the broad discretion to decide what These projects and their importance years. We can no longer afford a sys- projects get reviewed. It expands the to the communities and the projects tem that favors wasteful projects over House’s loophole allowing the Corps to they serve underlie the need for this the needs of the American people. exempt projects that exceed the man- conference report. We passed it last The bill brought back from con- datory $45 million cost trigger. The year. Let’s get it enacted again this ference is particularly disappointing Corps can exempt Continuing Author- year. because a few months ago, on May 15, ity Program projects, certain rehabili- The ACTING PRESIDENT pro tem- Senators REID, BOXER, and I entered tation projects, and, most egregiously, pore. The Senator from Wisconsin is into a colloquy in which we agreed the projects it determines are not con- recognized. Senate Environment and Public Works troversial or only require an Environ- Mrs. BOXER. Mr. President, before Committee would ensure the strong mental Assessment rather than a full- my friend begins, I wanted to get the Senate reforms would be the minimum blown Environmental Impact State- parliamentary situation, if he will reforms coming out of conference and ment. yield for a minute? enacted into law. That agreement, ap- It is this very decision, whether to do Mr. FEINGOLD. I yield the floor. parently, has counted for little. an EA or an EIS, that is often in need I am particularly troubled by the The ACTING PRESIDENT pro tem- of review. Furthermore, a project’s eco- pore. The Senator from California is changes made to the bill’s independent nomic justification, engineering anal- recognized. review provision during negotiations ysis, and formulation of project alter- Mrs. BOXER. It is my understanding between the House and the Senate. The natives are critical elements that that Senator FEINGOLD has up to 30 Senate version of the bill included a should be looked at for all major minutes to speak on the bill. He and I strong independent review provision, projects, not just those with signifi- discussed it. If he has any added time, which I successfully offered as an cant environmental impact. he has graciously agreed to yield it to amendment to last year’s bill and The conference report also prevents me with the understanding that if he which was again included in this year’s review of most ongoing studies. Al- wants additional time, I will get it WRDA. though the conference report allows back to him later. But I think, if it is Subjecting Corps of Engineers project the Corps to exempt projects from re- necessary for me to make such a re- studies to a review by an independent view, it does not give the Corps equal quest, I ask unanimous consent that panel of experts will help ensure future authority to include projects. The bill whatever time the Senator yields back Corps projects do not waste taxpayer includes restrictive language that pre- be yielded back to me with the under- money or endanger public safety and vents the Corps from reviewing studies standing he will be able to speak again that environmental impacts are avoid- that were initiated more than 2 years if he so chooses. ed or minimized. ago, or that were initiated in the last 2 The ACTING PRESIDENT pro tem- Unfortunately, the independent re- years but already have an ‘‘array of al- pore. Without objection, it is so or- view provision included in the con- ternatives’’ identified, which occurs dered. ference report was significantly weak- early in the process. The ACTING PRESIDENT pro tem- ened in several respects. First, it does The Senate language would have al- pore. The Senator from Wisconsin. not ensure independence of the review lowed the Corps to initiate a review for Mr. FEINGOLD. Mr. President, how process. Under the conference report, any project that does not have a draft much time do I have? the supposedly ‘‘independent’’ review is feasibility report. The ACTING PRESIDENT pro tem- not independent. The review process is The conference report also elimi- pore. The Senator from Wisconsin has run by the Corps rather than outside nates the requirement that a review is 30 minutes. the Agency, as required by the Senate mandatory if requested by a Federal Mr. FEINGOLD. If I do not use all bill. agency. The Senate bill would have the time, I will certainly be happy to The Corps Chief of Engineers is given made a project review mandatory if re- yield to the Senator from California. significant authority to decide the tim- quested by a Federal agency with the Mr. President, I will oppose the con- ing of review, the projects to be re- authority to review Corps projects. In- ference report on the Water Resources viewed, and whether to implement a re- stead, the conference report gives the Development Act. For 7 years, I have view panel’s recommendations, and, ap- Corps the authority to reject the re- worked with Senator MCCAIN and many parently, even has the ability to con- quest and requires the Federal agency of our colleagues on essential reforms trol the flow of information received to appeal the decision to the Council of the Corps of Engineers and have long by the review panel. on Environmental Quality.

VerDate Aug 31 2005 23:41 Sep 24, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.026 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11979 The Corps should be required to con- I think the American taxpayers join paddle wheel boats 75 years ago. They duct a review made by the head of an- me in saying this is absolutely irre- were designed to last 50 years. other agency that is charged with re- sponsible and shirks our responsibil- Well, they are 25 years past their de- viewing Corps projects or, at a min- ities as elected officials. sign lifetime. This is a long, much imum, to justify to the Council on En- There is already a $58 billion backlog needed, overdue investment in infra- vironmental Quality why it wants to of construction projects previously au- structure, jobs, trade competitiveness, deny such a request. thorized, and with only $2 billion annu- and environmental protection. The final problem I wish to highlight ally appropriated for project construc- Sixty percent of all grain exports is the conference report does not make tion, this means the Nation’s most move through the bottleneck of obso- sure the Corps is accountable. The con- pressing needs face significant com- lete locks. Some 30 percent of oil is ference report eliminated a key provi- petition for funding and likely delays. shipped by barge, by waterway, a sig- sion in the Senate bill that ensured ac- Furthermore, this bill authorizes a nificant amount of coal, of cement, of countability. Specifically, the provi- significant number of projects and fertilizer. A single medium-sized barge sion would have required that if a studies that are beyond the Corps’ pri- tow carries the same amount of freight project ends up in court, the same mary mission areas. The Corps cannot as 870 trucks. There is a comparison for weight is given to the panel and the be everything to everyone, and Con- railroad, but the railroads are so full Corps’ opinion if the Corps cannot pro- gress does need to discipline itself and they cannot carry any more; they are vide a good example for why it ignored set priorities. at capacity. But it carries something the panel’s recommendations. By drop- I will continue to work with my col- akin to 21⁄2 trainloads. ping this accountability requirement, leagues to institute a system for the conference report allows the Corps prioritizing Corps projects and other These facts speak volumes for the to ignore the panel’s recommendations, critical reforms. We may have an op- cost, pollution, and fuel efficiencies of as the Corps is currently doing with its portunity to pass those reforms sooner river transportation. Throughout this own internal review process. than some had hoped. The administra- long and arduous process to complete a I would love to be able to join my tion has indicated the President will 2-year bill in 7 years, we have been colleagues in claiming this is a ‘‘his- veto this bill, this bloated bill. blessed with strong bipartisan support toric moment.’’ I am pleased that some Rather than overriding a veto, I hope for modernizing the locks. I have al- of the other reforms I fought for are in- the Congress will use that veto as an ready referred to the relationship of cluded in this bill. We have come a opportunity to rethink the flawed our EPW Committee. long way in the last 7 years, as evi- mindset that resulted in this bill and Senator GRASSLEY has been sup- denced by the overwhelming bipartisan in previous WRDA bills. We do not do portive of this from the start. We majority of my colleagues who sup- our constituents favors by spending would not be here today without Sen- ported the Senate’s reforms last year their tax dollars on projects that are ator HARKIN, the occupant of the chair, and again earlier this year. not justified or fully reviewed. We need Senator DURBIN, Senator OBAMA, Sen- But we have not come far enough, reforms to make sure these tax dollars ator MCCASKILL, and others from the and that is truly regrettable. Why are spent in the most important prior- Midwest playing a key role in this be- should the taxpayers of this country ities, not just on members’ pork. coming law. I express my gratitude. have to continue wondering if their I urge my colleagues to oppose the Outside Congress, modernization of dollars are being spent on projects that WRDA conference report. the old bottleneck looks has won the lack merit, hurt the environment or Mr. President, I reserve the remain- untiring support of agriculture, the wa- are not entirely reliable? Is not Con- der of my time. terways community, industry, labor, gress finally willing to put an end to I yield the floor. and community leaders. I am con- the longtime practice of doling out The PRESIDING OFFICER (Mr. cerned the administration may veto projects to Members regardless of those DURBIN.) The Senator from Missouri. this bill because they say it is too big. projects’ merits? How many more Mr. BOND. Mr. President, I rise Well, if it were a normal 2-year bill, it flawed projects or wasted dollars will it today to congratulate EPW Chair would be big. But this is a 7-year bill; take before we say enough? Boxer and Ranking Member INHOFE for taking into account three cycles which I am pleased the conference report bringing a balanced and much needed we should have and have not yet passed contains some modest reforms, but we bill to the floor. a WRDA bill. So it is big by historic can do much better than that. In fact, Normally this bill is a 2-year author- standards. ization, but there has not been a bill, a we did much better than that when we When we total the three WRDA bills WRDA bill, during this administration. passed the Senate bill not long ago. passed during the 5-year periods of 1996 So I will call it the Water Resources Congress needs to get this right; I to 2000, a 5-year period, the authoriza- Development Act of 2001. think the stakes are too high. tion levels totaled almost the same as Unfortunately, for the reasons I have Now, my State has nearly 1,000 miles this 7-year bill, almost $21 billion. explained, the conference report fails of Missouri and Mississippi River front- to do enough. It contains severely com- age in addition to our lakes. Our com- Now, if there is a veto, I look forward promised language that does not fix munities rely on Corps projects for af- to overriding it on a bipartisan basis as the status quo under which Congress fordable water, transportation, flood soon as action can be scheduled. This is uses the Corps to fund pet projects that protection, energy production, environ- an authorization bill. Without appro- are not justified or adequately re- mental protection, and recreational op- priations, it spends nothing. As Sen- viewed. portunities. ators know, this bill simply adds I wish to also express my concern Nobody knows better than the farm- projects to the list of items eligible for with the cost of the bill which has ers of Missouri and the Midwest how appropriations subject to the binding ballooned to $23 billion, $23 billion important river transportation is to budget limitations faced under the ap- from the $14, $15 billion cost of the serve the world market. This bill for propriations process. House and Senate versions. my constituents means jobs, trade Put another way, this is a license to Nearly $1 billion of the additional competitiveness, reliable and afford- hunt. You still to have hit the bird and cost is for 19 projects that were added able energy, drinking water, and pro- you can’t go over the limit. So all it is during conference, neither the Senate tection from floods, which can ruin is a license to ask for appropriations. nor the House has previously reviewed property and kill people. The backlog of unfunded items often these projects. This is not of minor importance to referred to by opponents of this bill is My colleagues have previously stood those out in the world, in the Midwest, unfunded because many of the projects on the Senate floor and said the cost of who work for a living. I am delighted are not sufficiently high priority with- the bill does not matter because WRDA we are completing our long journey to in tight budgets. Some may be very is merely an authorizing bill and not permit modernization of the Mis- good projects but they do not make the an appropriations bill. We will sort out sissippi River locks. These locks were cut given the limited budget. Does it our priorities later, they say. built during the Great Depression for make sense to say that bills passed

VerDate Aug 31 2005 23:41 Sep 24, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.027 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11980 CONGRESSIONAL RECORD — SENATE September 24, 2007 many years ago have to be funded be- many to find a compromise that could again, my thanks, my congratulations, fore we can take a fresh look at prior- serve the diverse needs of a nation that and deep appreciation to the Environ- ities facing our waterway infrastruc- needs water resources to function. ment and Public Works Committee ture and other waterway needs? I don’t Among a very long list, this bill is sup- leadership and the diligent staff who think so. Priorities change. Right now ported by the National Corn Growers have brought us to this point. these items in this bill are the prior- Association, the Carpenters, operating It is time we pass the 2001 WRDA bill. ities that have been thoroughly vetted engineers, laborers, American Farm It may be 6 years late, but it is even by the Corps, by all those who have Bureau Federation, the American Soy- more needed now than it was in 2001. input, and by the Environment and bean Association, and scores of mem- I yield the floor. Public Works Committee in our body bers of the Waterway Counsel from The PRESIDING OFFICER. Who and in the Transportation Infrastruc- coast to coast, communities large and yields time? ture Committee on the other side. I small. The Senator from California. urge my colleagues to support it. Our staffs have been working tire- Mrs. BOXER. Mr. President, is it a To oppose new authorizations is sim- lessly on this not for days or for weeks fact that I have 34 minutes remaining ply a way to pretend to save money but years. It has been a long process. on my manager’s time? without saving money, while unwisely We have gotten to know them like fam- The PRESIDING OFFICER. The Sen- assuming that all currently authorized ily. There is almost some regret in ator is correct. projects are of a higher priority than knowing that our family will be broken Mrs. BOXER. Senator FEINGOLD gra- the newly authorized projects con- up when this bill is signed into law. ciously said he would yield me the re- tained in this bill. In many ways, this But maybe we can get back on schedule mainder of his time with the under- will cost money, and I will talk about and have another WRDA bill in 2 years. standing that if he needed more, I that in a minute. But if there were to The staff has been tremendous. They would give him some of it. So what is be a veto, the unfortunate message for took on tough issues, set up difficult his amount that is remaining? water States and agricultural States in criteria, helped to sort through com- The PRESIDING OFFICER. Twenty the Midwest is that water resources are peting objectives, and they never quit. minutes. not a high priority to this administra- While there were many who worked Mrs. BOXER. I ask unanimous con- tion, despite the expectation of many very hard on this over the years, in- sent that that be done. supporters in 2000, when supporters of cluding Andy Wheeler, Ruth Van Mark, The PRESIDING OFFICER. Without waterways in Missouri came out in Angie Giancarlo, Ken Kopocis, Jeff objection, it is so ordered. record numbers to carry the State for Rosato, Tyler Rushford, Jo-Ellen Mrs. BOXER. Mr. President, again, in the current President. The previous ad- Darcy, Mike Quiello, and others, I espe- a way I am glad I didn’t have a chance ministration was not supportive and cially thank the bipartisan staff sup- to speak before because there has been this administration is no better. Our port of Let Mon Lee with the com- so much interest in this bill that I concerns started with proposed con- mittee. Let Mon has been working with waited until we had a little quieter struction budget cuts. Then they fired us for all these years. He is truly part time on the floor, although several are Mike Parker, a strong proponent of of our family. We would hate to lose coming. water resources. Then they under- him, but if that is the price for passing Part of our work is making sure that funded flood control and navigation on WRDA, so be it. in coordination with local governments the Missouri River. Now it would be The success of our economy and its and State governments and commu- capped off by vetoing WRDA. I truly people owes a great debt to invest- nities and the American people, we do hope that doesn’t happen. They would ments that were made by those before what we need to do so we can build our get a grade for consistency, except that us. I urge my colleagues to make the economy, so our economy has behind it they say they support aggressive trade investments now that will be providing the infrastructure it needs. What hap- policies. But they say nothing about the benefits for future generations and pens when an infrastructure fails? We the transportation capacity vital to vote in favor of an opportunity and saw that in Minnesota when the bridge move the goods they want to trade, so value for our future. We were reminded collapsed. they say. Bulk commodities can’t be tragically a few weeks ago in Min- I am proud the Environment and faxed or e-mailed or Fed-Ex’d or UPS’d nesota of the need to be vigilant in up- Public Works Committee held a very in the real world to the rest of the grading our infrastructure. When you strong hearing at the behest of Senator world. Again, on our waterways in Mis- see what happened in Minnesota, we KLOBUCHAR, and we are moving forward souri, one medium-size barge tow car- saw a bridge collapse. There was a on a way to ensure that we can fund ries the same freight as 870 trucks with tragic loss of life. There was some dis- those kinds of improvements. We saw cost, pollution, fuel efficiencies, eco- ruption of commerce. But if one of what happens when water infrastruc- nomic and environmental benefits that these locks midway on the river be- ture fails, when we look at what hap- are obvious to all. tween Missouri and Illinois at the bot- pened in Hurricane Katrina. We saw I was interested to read a November tom of the chain fails completely and that the levees we thought were built 2005 article in the Washington Times bailing wire and chewing gum can only to protect against category 5 storms which reported that the President hold back the river so long and they simply didn’t stand up. noted during a press conference with leak not like sieves but by continuous There is no way we can talk our way Panamanian President Torrijos: ‘‘ ... sheets of water, if one of those locks out of the problem we face in America. it’s in our nation’s interest that this were to blow out and fail, the impact The problem we face is we have an canal be modernized.’’ I know the ad- on our economy, on commerce, would aging infrastructure. Whether it is our ministration does not oppose modern- be huge, the impact we almost felt roads or bridges, our highways, or our izing the Social Security-age locks on when Katrina shut off the mouth of the water infrastructure, these need atten- the Mississippi River, built during the Mississippi River in Louisiana. Fortu- tion. That is why today is such an im- Depression for paddle-wheel boats, but nately, they got that undone in a cou- portant day and why I am so proud to they also have not yet even endorsed ple of days. But even papers that don’t stand here, because even though not it. Yet there was a rousing endorse- normally think about water commerce every Member will support this bill, I ment for upgrading the waterways in and agriculture were saying what a would say almost every Member will. Panama. My colleagues and my con- danger this was. A failure of one of Senator FEINGOLD was eloquent and he stituents back home believe our mid- these locks, one of these half-size, out- was disappointed that we didn’t do ev- western exporters deserve as much con- dated, overaged locks could tremen- erything he and Senator MCCAIN asked sideration as Chinese exporters who dously cripple our economy, put our us on Corps reform. I understand that. transit the Panama Canal. I remain rural economies into a significant We are very close friends and col- hopeful the administration will agree. downturn. leagues. The fact is, I see it a little dif- While no two of us would write the I urge our leadership in this body to ferently. We went a very long way. I bill the same way, I am pleased so move quickly for a speedy override know he and I have our differences. much work was done for so long by so vote should a veto materialize. But What I wish to do, rather than take the

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.029 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11981 time to engage in an argument, is to ments from both the Senate and House bills, signed by every conferee, Republican, place in the RECORD the program high- ensuring the broadest look at the existing Democratic, Independent, as they may lights of Corps reform initiatives that document and incorporating the most cur- be, in both Chambers. The conference are in this bill. I ask unanimous con- rent and accurate concepts. report has already received an over- Establshes a national policy to maximize sent that this be printed in the sustainable economic development, avoid the whelming vote in the House: 381 in RECORD. unwise use of floodplains and minimize ad- favor; 40 opposed. Imagine what a won- There being no objection, the mate- verse impacts and vulnerabilities in derful message that is that we can rial was ordered to be printed in the floodplains; and protect and restore the func- work together. RECORD, as follows: tions of natural systems and mitigate any I also say for the record that this WATER RESOURCES DEVELOPMENT ACT OF 2007 unavoidable impacts. conference report fully complies with CORPS REFORM INITIATIVES—PROGRAM Requires a comprehensive report on U.S. the rules of the Senate as amended by HIGHLIGHTS vulnerabilities and comparative risks related S. 1, the Honest Leadership and Open to flooding. INDEPENDENT REVIEW Government Act of 2007. Under the re- WATERSHED-BASED PLANNING Creates a truly independent review process quirements of new rule XLIV, I certify of projects through a program of mandatory Increases Federal participation in water- that each congressionally directed reviews with reviewers selected by the inde- shed-based planning to eliminate the lack of spending item in the conference report integration of the interconnectedness of pendent National Academy of Sciences. and the name of each Senator who sub- Projects over $45 million (with an expanded projects—a major short-coming of the failure definition to include beach nourishment of the hurricane protection in New Orleans. mitted a request to the committee for projects), controversial projects, and LEVEE SAFETY that item has been identified through a projects where a governor requests a review Creates a National Levee Safety Assess- chart that has been available on the will all be subject to independent review. ment program, in cooperation with the committee Web site at least 48 hours The review applies to project studies plus States, to address the lack of information on prior to the vote on this conference re- environmental impact statements. and assessment of levees. port. So we have been faithful as we The review panels will be able examine all Creates a publicly available database with must be to the new rule XLIV on our aspects of the environmental, economic, and an inventory of levees. ethics, where you can see what every engineering aspects of the proposed project. Requires a Federal inspection and public The review panels will have the oppor- Senator requested and a certification disclosure of all Federally-owned or operated that in fact there is no conflict of in- tunity to receive, evaluate, and comment levees, all Federally constructed but non- upon input from States, local governments, Federally operated levees, and non-Federally terest, no pecuniary interest on the and the public. constructed levees if requested by the owner. part of the Senator or any member of Recommendations of the review panel the immediate family. This is truly a OTHER PROGRAM IMPROVEMENTS must be a part of the public project record, bipartisan bill. and any rejection of the recommendations Expedites the process for deauthorizing the must be explained in the record. unconstructed backlog of projects. I am going to make a unanimous con- The costs of the review are Federal and are Creates a Federal responsibility to partici- sent request that at the conclusion of not contingent upon future appropriations. pate in the monitoring of ecosystem restora- my 10 minutes, Senator CARDIN be rec- SAFETY ASSURANCE REVIEWS tion projects to ensure project success. ognized for up to 10 minutes and that Creates a new responsibility to have out- Allows for non-profit entities to partner then Senator WARNER be recognized. side experts review and assist the Corps of with the Corps of Engineers in implementing Mr. WARNER. Mr. President, I be- Engineers in the design and construction of projects, which is especially important on lieve I was on the floor before the Sen- flood damage reduction or hurricane and small-scale environmental restoration ator from Maryland. storm damage reduction projects to improve projects. Clarifies that the cost-sharing reforms en- Mrs. BOXER. Well, the Senator from the performance of these critical, life-saving Maryland has been on the floor all day. projects. acted in 1986 apply to all projects and stud- ies, stopping the Corps of Engineers from Mr. WARNER. Fine. Well, I am not MITIGATION creating waivers and loopholes. trying to run this. Corps projects would have to comply with Expands opportunities for the beneficial Mrs. BOXER. How much time would the same mitigation standards and policies reuse of dredged material for restoration and my colleague wish? established under section 404 of the Federal preservation benefits. Mr. WARNER. I am going to take 2 Water Pollution Control Act as any other en- Ensures the authority of the Corps of Engi- tity. or 3 minutes. neers to participate in ecosystem restoration Mrs. BOXER. Then why don’t we give Corps mitigation plans must provide for projects that include dam removal. the same or greater ecosystem values as you 5 minutes first and then 10 minutes those lost to a water resources project Mrs. BOXER. What everyone will be for Senator CARDIN. through implementation of not less than in- able to read is the independent review Mr. WARNER. Does that accommo- kind mitigation. we now have in place in the bill that is date my colleague? Corps studies must include detailed miti- truly independent, done by the Na- Mrs. BOXER. He is very pleased with gation plans that can be evaluated by the tional Academy of Sciences, which in- public and the Congress, including specific that. cludes safety assurance reviews, miti- How many more minutes do I have on statements on the ability to carry out the gation, planning principles and guide- mitigation plan. my 10 minutes? Eliminates the Senate language that could lines, watershed-based planning, levee The PRESIDING OFFICER. There is have delayed mitigation up to one year. safety, and other program improve- 23 minutes remaining. Establishes requirements for the Corps to ments, including expediting the proc- Mrs. BOXER. So, again, we have conduct monitoring of mitigation implemen- ess for deauthorizing the uncon- complied with the new ethics rules. I tation until ecological success criteria are structed backlog of projects. Rather want to say also, in terms of the Corps met. In evaluating success, the Corps must than get into a big argument, to me it reform matters, there is an environ- consult yearly with applicable Federal and is such a positive day today. State agencies on mitigation status. mental organization, American Rivers, The increased mitigation requirements I see the Senator from Virginia com- and they have written a very impor- apply to all new studies and any other ing to say a few words. tant release that I ask unanimous con- project that must be reevaluated for any rea- This is a very important day. We are sent to have printed in the RECORD. son. struggling in the Senate to work to- There being no objection, the mate- Requires the Corps to develop and imple- gether. The war in Iraq has torn us rial was ordered to be printed in the ment a publicly available mitigation report- apart. It is very hard. But on this mat- RECORD, as follows: ing system. ter of building an infrastructure and American Rivers, August 1, 2007 PLANNING PRINCIPLES AND GUIDELINES making sure it works, we are as one. Requires the Secretary to revise the plan- This conference report has the support WATER BILL BEGINS PROCESS OF MODERNIZING THE CORPS OF ENGINEERS ning Principles and Guidelines for the first of my ranking member, Senator time since 1983. The process must be in con- Washington, DC—In a move that will help INHOFE, the entire Environment and sultation with Federal agencies, and must communities, taxpayers, and the environ- solicit and consider public and expert com- Public Works Committee. It is impor- ment, a House-Senate Conference Committee ments. tant to note that the conference report has produced reforms in a bill that will im- The factors to be included in the revised was signed by every conferee from both prove how the Army Corps of Engineers Principles and Guidelines include the ele- Chambers. The conference report was (Corps) does business. The Water Resources

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.030 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11982 CONGRESSIONAL RECORD — SENATE September 24, 2007 Development Act of 2007 (WRDA), H.R. 1495, ing to see that the Corps lives up to the in- as one of the business commercial will begin moving the Corps into the 21st tent of the original authors of this legisla- ports on the east coast, Hampton century. tion and we will continue to fight further re- Roads is a strategic, critical port nec- The Corps is the nation’s primary river forms to ensure public safety and environ- essary for national defense, commerce, management agency and in 2006 accepted re- mental sustainability.’’ sponsibility for faulty floodwall and levee and trade. So this project will also di- Mrs. BOXER. They certainly believe rectly and indirectly serve our national designs that led to the tragic flooding of New we should have gone further with Corps Orleans following Hurricane Katrina. The defense. Corps’ designs were so flawed that levees and reform. That is clear. This project will help position the floodwalls collapsed in the face of a storm But they do say: Hampton Roads region to strengthen they should have withstood. Corps projects The reforms in this bill begin to put the its position as a major east coast port. also destroyed vital coastal wetlands that Corps on track towards becoming a more re- liable and credible agency. The Port of Virginia serves as a gate- could have reduced the Hurricane’s storm way. It is an interesting term; it is a surge, and funneled that surge into the heart This is important. They do say: ‘‘gateway.’’ In other words, things flow of New Orleans. The problems with Corps The gains in the WRDA bill would not have in, things flow out, and not just for the planning highlighted by Katrina affect Corps been possible without the tireless work from projects across the country. lawmakers on both sides of the aisle. Commonwealth of Virginia. Almost every State in the Union ships down The WRDA bill will produce critical im- They name some names of Senators. provements to the Corps’ planning process, through this port on some occasions. including requiring an update of the Corps’ Even though, as I say, they would have wanted 100 percent of what Sen- More than 55 percent of the cargo we woefully obsolete planning guidelines that move comes from outside of the bor- dictate how the Corps evaluates specific ator FEINGOLD asked for, they again say: ders of the Commonwealth of Virginia. projects. The bill will also require the Corps That is to say, this project is not just to do a much better job of replacing habitat Congress has taken a first step towards lost to its projects. The Corps now routinely more responsible river management. important for Virginians but for other States and companies that rely on ignores the basic wetlands mitigation stand- I feel pleased with this result. I know their goods moving through the port in ards that the agency applies to private citi- sometimes we see a glass half full and zens. The bill will also establish a new policy a reliable and cost-effective, safe man- sometimes we see it half empty. I see it that gives a stronger emphasis on protecting ner. the environment and the natural systems half full. I am proud we made these For that reason, I am pleased the that provide critical natural flood protection amazing strides toward Corps reform. cost share for this project will be to communities. It also directs that there be Senator FEINGOLD is, shall we say, very equally divided—equally divided—be- a comprehensive study of the nation’s flood disappointed, and I respect that. I do tween the Commonwealth of Virginia, risks and flood management programs. not see it the way he sees it. through its port authority, and the ‘‘The reforms in this bill begin to put the So when I come back to some more of Federal Government. This is clearly a Corps on track towards becoming a more re- my time—but I will yield at this time— project with strong national benefits, liable and credible agency,’’ says American I will talk about how important this Rivers’ president Rebecca Wodder. ‘‘While we and it is only fitting that in this case bill is to the health and safety of our hoped that Congress would go farther in sev- the Federal Government help shoulder families, our communities, and our eral critical areas, we are pleased with the part of the cost because of the national passage of this first round of urgently needed economy. At this time I yield and we security interests and the fact that we changes. We intend to see that these changes will go to the unanimous consent serve so many other States. are executed to their fullest extent and call agreement. Again, I thank my distinguished out any weaknesses in this new process.’’ The PRESIDING OFFICER. The Sen- chairman and the ranking member of The gains in the WRDA bill would not have ator from Virginia is recognized for 5 been possible without the tireless work from our committee and others who made minutes. this amendment possible. lawmakers on both sides of the aisle, and Mr. WARNER. Mr. President, I lis- both sides of Capitol Hill. Senators Russ I yield back the remainder of my Feingold (D–WI) and John McCain (R–AZ) tened with great interest to our distin- time to my good friend and colleague, have long championed the issue of Corps re- guished chairwoman. I say to her, I such as he may continue with his form, and Senate Environment and Public commend you on your leadership and speech. Works Chairman Barbara Boxer (D–CA) and that of our distinguished ranking col- Mrs. BOXER. Mr. President, if I House Transportation and Infrastructure league, Senator INHOFE. It is quite an might make a unanimous consent re- Chairman James Oberstar (D–MN) deserve achievement. It has been 6 years of quest before my good colleague speaks. praise for working to change key aspects of working to get here, and I have been how the Corps operates. First of all, because my friends on Unfortunately, the conferees failed to pleased to be a member of this com- the other side are looking for time, I adopt the robust independent review provi- mittee for a couple decades almost yield them 3 minutes of my time, to sion that Senators Russ Feingold (D–WI) and now. But it is a great achievement. I Senator INHOFE, right off the bat—3 John McCain (R–AZ) and others had secured strongly support what you have been minutes. If the Chair could add that to in the Senate version of the WRDA bill in able to do and personally thank you for the time they have remaining. the last 2 years. The conferees instead adopt- your inclusion of an amendment that I The PRESIDING OFFICER. Without ed a project review provision that lacks com- have felt very important. Senator plete independence. The final bill contains objection, it is so ordered. WEBB, my colleague from Virginia, and several loopholes that would allow the Corps Mrs. BOXER. Mr. President, I ask to avoid review under certain circumstances I announced on July 30 the basic text unanimous consent that following Sen- and ignore a review panel’s recommenda- of that amendment. I am pleased today ator CARDIN, Senator DEMINT be recog- tions. Worse still, the provision also to add a few closing words. nized for up to 20 minutes. inexplicably disappears after 7 years. Inde- The conference report—likely my The PRESIDING OFFICER. Without pendent review is particularly important in last WRDA as a Senator—includes the objection, it is so ordered. light of the flooding of New Orleans and the high priority Craney Island Eastward The Senator from Maryland. recent Government Accountability Office Expansion project. Craney Island rep- Mr. CARDIN. Mr. President, I rise in findings that Corps project studies were so resents a significant opportunity for support of the conference report on the flawed that they could not provide a reason- the Commonwealth to be home to the Water Resources Development Act of able basis for decision making. ‘‘The nation has been very well served by development of state-of-the-art cargo 2007. I start by thanking Senator the critical leadership of Senators Feingold operations. The project will accommo- BOXER for her incredible leadership and and McCain to reform the Corps,’’ says Me- date a major new terminal for the Vir- Senator INHOFE for bringing forward a lissa Samet, Senior Director for Water Re- ginia Port Authority and will create process that allows us to reach this sources for American Rivers. ‘‘We look for- over 54,000 new jobs annually, with moment where, after 7 years, we are ward to working with them to ensure that wages of about $1.7 billion. going to be able to pass a Water Re- the Corps strictly adheres to the reforms in- Now, this port serves not only the sources Development Act. cluded in this bill and that additional re- Commonwealth of Virginia, but its ten- Senator BOXER and Senator INHOFE forms as included in future legislation.’’ ‘‘Congress has taken a first step towards tacles reach deep into America. Many have developed a process where we more responsible river management,’’ adds States are served. could come forward with programs that Wodder. ‘‘American Rivers and our col- As home to the world’s largest naval are extremely important to our coun- leagues throughout the nation will be watch- base; that is, the Tidewater region, and try in a fiscally responsible manner,

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.010 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11983 where we can come together in a non- So we are improving the Chesapeake I yield back my time and yield the partisan—not only bipartisan but non- Bay by this legislation, but we are also floor. partisan—way to move forward on this dealing with the economic realities of The PRESIDING OFFICER. The Sen- legislation. our waterways. ator from South Carolina. Let me start off by saying that in our The Port of Baltimore contributes $2 Mr. DEMINT. Mr. President, I rise to country today we spend .3 percent of billion to our State’s economy, em- express my concerns and disappoint- our gross domestic product on infra- ploying 18,000 Marylanders directly, ment about a number of provisions structure and buildings. That is deplor- and tens of thousands more indirectly. that have been added to this bill, the able. We saw the consequences of that I listened to my colleague from Vir- Water Resources Development Act, the failure to invest in our infrastructure— ginia talk about the Port of Virginia. bill we refer to as WRDA, that were not in our roads and our bridges and our As with the Port of Virginia, the Port part of the bill we passed in the Senate buildings—in what happened in Min- of Baltimore is vital to our national se- or not part of the bill that was passed nesota with the collapse of a bridge. curity, our national interest. This leg- in the House. In the Environment and Public islation extends the authorization for These provisions are earmarks be- Works Committee, we had a hearing on the 50-foot dredging of the Baltimore cause they direct spending directly at what we need to do as far as waste- Harbor and channels, which is very im- the request of a Member to a specific water treatment facility plants and portant to our economy, very impor- entity in their home State or district. how there are literally hundreds of tant to our region. Unfortunately, these earmarks were projects that go unfunded that are But the legislation does more. It con- not passed by either body in an open or damaging our health and damaging our tinues the commitment of the Army transparent way. Instead, they were environment. Corps and our communities to Poplar added behind closed doors in the dark Well, today we are prepared to move Island. Poplar Island was once an in- of night, as we sometimes say here. As forward with what I think is an ex- habited island. It is no longer the case. a result, these earmarks cannot easily tremely important bill. Once again, I But what we have done with Poplar Is- be debated, amended, or removed from congratulate the leadership on the En- land is we have made it a plus-plus. We the bill. vironment and Public Works Com- have a location for the dredge mate- I am very disappointed these provi- rials from the dredging in the Chesa- mittee, Senator BOXER, for making this sions were added in secret. That is not possible. peake Bay and our harbors, but we how we should do things here, and it is This bill is very important to our have also created an environmental ad- a direct violation of a stated goal of country. It is very important to our fu- vantage. Poplar Island has risen phoe- the ethics bill that was recently passed ture. I am proud to be a member of the nix-like from the waters of the Chesa- and signed by the President 10 days committee and proud to be a supporter peake Bay. ago. Mr. President, 570 acres of upland of this legislation. My colleagues on the other side of habitat and an additional 570 acres of Let me comment for a few minutes as the aisle came down to the floor one by wetland habitat are being created to what it means for the region of the one and praised the new ethics bill be- through the leadership of this Con- country I represent, in this general cause they said it would stop earmarks gress. That is good news for our envi- area where we all are today. from being added in the dark of night. ronment and good news for our econ- We have heard a lot about how this is I questioned the effectiveness of these omy. Poplar Island is a national model going to help the people of Louisiana, provisions at that time because they of how we should do the dredging and which I strongly support. I think we all had been watered down behind closed environmental improvements. There is have a responsibility to deal with the doors. Yet my colleagues on the other more in it for our region. side said it was the most sweeping eth- problems from Katrina. We heard how Smith Island is a remote inhabited ics reform in decades. They said there it is going to help in regard to the Ev- island in the Chesapeake Bay on the would be no more secret earmarks erglades. Maryland-Virginia border. It has lost This bill is the most important act in 3,300 acres of wetlands, and it is threat- added to our bills in conference. According to Taxpayers for Common regard to the Chesapeake Bay, which is ened to be totally lost to erosion. This Sense, this WRDA conference report a national treasure, and helps give a bill authorizes the construction of 2 contains numerous earmarks that were model as to how we can reclaim a body miles of breakwaters to protect over not part of either the House or the Sen- of water that is impacted by so many 2,100 acres of wetlands and underwater jurisdictions and States. We not only grassbeds. It is very important to our ate bill. Unfortunately, anytime we provide for the restoration funds that environment, very important to the talk about earmarks, it seems very are important for the Chesapeake Bay, people who happen to live on Smith Is- personal because it usually has a Mem- but we also provide, for the very first land. I am pleased we have included ber’s name on it, so I will start with time, that the Army Corps will supple- that in this legislation. South Carolina because one of the ear- ment the Environmental Protection This bill helps from the eastern shore marks added in conference was for Agency’s effort to repair and improve of Maryland, to the Chesapeake Bay, to South Carolina. Obviously, I would like wastewater treatment facilities that the mountains of western Maryland. to do everything I can to help my own benefit the Chesapeake Bay. The rewatering of the C&O Canal near State, but this was not the time or the Specifically, Blue Plains will benefit Cumberland will not only help as far as way to do it. There are a number of from this legislation. The users in the historical restoration of that part items for $10 million, $11 million, but, northern Virginia, Maryland, and the of our State but will also be important unfortunately, there is one item in District of Columbia—all of us—will for flood control. here for $1.8 billion. That earmark benefit from the wastewater treatment This legislation is comprehensive. It alone is more than 10 percent of the facility improvements at Blue Plains. helps all the regions of our country, total cost of the original bill. This was The new EPA permit for Blue Plains but helps our Nation as a whole. I am added in conference. It was not debated requires that the nitrogen load from proud to be a supporter of this legisla- or voted on. Now it is coming back and the plant be reduced by more than 4 tion. I am proud to have served on the it is unamendable. million pounds annually. This will be committee that helped create it. I urge All of these projects that were added the largest single nutrient reduction my colleagues not only to support this have added to the cost of this bill, and project in the bay watershed in a dec- legislation but urge the President to actually the cost has exploded. Accord- ade. All the experts say that should be please understand how important this ing to the Congressional Budget Office, our highest priority in regard to the bill is to our country. the projects contained in this bill to- Chesapeake Bay. It is a modest investment. It starts talled some $14 billion when it left the I am also pleased there is $20 million to reverse the process where, for too Senate, but then it was taken to con- in regard to oyster restoration in- long, we have ignored our infrastruc- ference. Behind closed doors, amounts cluded in this legislation, which is very ture in this country. It is the right were raised, new projects were added, important for the Chesapeake Bay and plan for America’s future. I urge my reforms were dropped, and the bill now very important for our environment. colleagues to support it. costs $23.2 billion. That is right. The

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.033 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11984 CONGRESSIONAL RECORD — SENATE September 24, 2007 price of this bill has increased 66 per- son why we should restrict authoriza- requires that Congress direct this cent since it left the floor of the Sen- tion earmarks. They can be as waste- spending. I am uncomfortable with ate. ful, as misguided and, I am afraid, as that. This is the only place this year I know my colleagues, the Senator corrupting as appropriations earmarks. that my name is listed on a specific from California and the Senator from Authorization earmarks can be traded funding request for Missouri, and I am Oklahoma, have worked very hard on for bribes as easily as appropriations not comfortable with that. I under- this bill, and I believe there are some earmarks. stand it is a reality this law requires, good things in it. I was very pleased to After checking with the Senate Par- that if Congress is not directing this work with the Senator from California liamentarian, I understand there is funding, there is no funding. I believe on some reforms that will help us de- some confusion over the definition of very much we should reform the way authorize projects that have not been earmarks for this particular rule. The we fund the Army Corps of Engineers funded in 5 years or more and are cur- rule says it applies to provisions that projects. I believe it should be driven rently inactive. As my colleagues provide a level of funding to a specific by a cost-benefit analysis. know, the long list of backlogged project. What could be clearer? All the It is hard to understand why in this projects makes it very difficult for the projects I read about earlier fit that area, unlike any other area, not only Corps of Engineers to focus on real pri- definition, regardless of whether they are we in a position to decide level of orities. I am looking forward to work- are appropriations or authorizations. If funding, we are going to decide every ing with the Senator from California to people want to parse these terms and single project. Now, since this is so get a good list of the inactive projects say authorizations are not actual fund- unique, it is even more important that from the administration so the com- ing, then I am afraid we are not being we have complete transparency. Even mittee can deauthorize them in the completely honest. though I was uncomfortable with re- next WRDA bill. The Senator has told We all know how the Corps of Engi- questing specific funding, I understood me she will deauthorize these projects, neers works. We pass WRDA bills that the unique nature of this particular but if for some reason we are not able tell the Corps what projects to do, and bill, but I was comforted by the fact to get that done, this bill provides an then their annual appropriations bills that I believed all the projects were automatic mechanism to deauthorize provide money to complete these going to have a public airing, that they by the end of the fiscal year, following projects. But without an authorization were going to be included in either the House bill or the Senate bill, and that the fiscal year in which the projects in WRDA, the projects will not go for- there were not going to be any projects appear on the inactive list. This reform ward. Authorizations are important, that were put into the authorization is more important than ever because and we should be as open and as trans- bill through the conference process. the bill we are passing now or bringing parent about them as we are for appro- Unfortunately, that happened. That back up now increases the backlog of priations. would bring me to the point of having projects from $58 billion to approxi- I intended to raise a point of order to vote no on this bill because I believe mately $80 billion. So while this bill today against these new provisions very strongly in the principle that takes one step forward, unfortunately, under rule XLIV which was part of the whatever we include must be included it takes two steps back. ethics bill, but I understand the unani- in either the deliberations of the House The pricetag of this bill is too high, mous consent agreement we are oper- and it violates an important principle or the Senate. ating under prohibits me from doing This isn’t about the projects and the we need to honor. It includes new pro- so. In a minute I am going to ask for merit of the projects. I am sure they visions that were not in the bills we unanimous consent to be allowed to are all very meritorious. In fact, pain- passed, and that has to stop. That is make this point of order against the fully for me, one of them is in Mis- why I offered an amendment, along provision, and if I am allowed to do souri. This isn’t about the projects; with Senator ENSIGN and Senator that and the Chair rules that the point this is about the process. This isn’t MCCAIN, to the ethics bill earlier this of order is acceptable under the rule, about Democrats and this isn’t about year that would clarify that earmarks then, of course, I would urge my col- Republicans. This is about a bad habit. added in conference were subject to leagues to sustain this point of order so This is about getting into the habit of rule XXVIII of the standing rules of the we can take these provisions out. But directing authorization or spending in Senate, which prohibits what we call before I do this, I would like to ask a conference report instead of under out-of-scope matter from being added how much time I have remaining of my the bright lights of the Senate floor, to our bills in conference and which 20 minutes. the House Floor or committee work. can only be waived by 67 votes. Fur- The PRESIDING OFFICER. The Sen- We need to stop putting projects in ther, the amendment we offered would ator has 111⁄2 minutes remaining. conference reports that were not in the have created a 60-vote point of order Mr. DEMINT. I would like to reserve bill. Some people will say it doesn’t against earmarks added in conference. the remainder of my time but yield 5 matter; we have a backlog of all these If this point of order was sustained, the minutes to my colleague, Senator projects. Well, if it doesn’t matter, why provisions would be taken out of the MCCASKILL. do we need to do it? If it does matter, bill. The PRESIDING OFFICER. Without it ought to be important enough to be Even the liberal Los Angeles Times objection, it is so ordered. in one bill or the other. editorial board this weekend made The Senator from Missouri is recog- I believe we need to reform not only their support for such a rule known. In nized. the way we fund the Corps of Engi- a weekend editorial entitled ‘‘The Mrs. MCCASKILL. Mr. President, I neers, to give more deference to their Value of Congressional Pork,’’ the L.A. appreciate the Senator yielding me discretion based on cost-benefit anal- Times said such a rule was a worthy some time. This is a unique bill in ysis, and I believe we need to stop the proposal that would make it harder for many ways. It is unique because there bad habit of always putting projects in lawmakers to insert last-minute is a different set of rules when it comes a conference report without the full af- goodies during reconciliation of Senate to the water projects bill and the water firmation and public airing that the and House bills. This is just plain good resources development in this country House and Senate deliberations pro- Government. for the Army Corps of Engineers. I be- vide. Unfortunately, the clarification to lieve as a former auditor we should be I yield the floor. rule XXVIII was eliminated from the allowing the Army Corps of Engineers Mr. DEMINT. Mr. President, I appre- final bill, even though it was unani- to direct funding based on a cost-ben- ciate the remarks of my colleague. I mously accepted here on the floor in efit analysis. A cost-benefit analysis would like to confirm what she has January. Even worse, the majority would allow the prioritization of said. I take no issue with the authority leader is now saying the 60-vote point projects based on the best value for our of the Senate to designate spending, of order against what we call dollar. particularly in authorization bills. airdropped earmarks should only apply The law requires, unlike any other While this practice has certainly been to appropriations bills. This is very dis- place in our Government—it was ex- abused, particularly in our appropria- appointing. There is absolutely no rea- plained to me when I got here the law tions bills over the years, my point

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.035 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11985 today is not to suggest that our com- bate and vote on them instead of add- is at stake. I could talk about Sac- mittee and the floor of the Senate do ing them in and trying to slip them by ramento. Finally, we have language in not have the right to authorize money in a conference bill. the authorization to move forward for particular projects, but I believe, as I am very disappointed in this body, with the proper flood control for the Senator MCCASKILL has said and made particularly after all the grand debate community of Sacramento. Mr. Presi- clear, that in the debate on the Senate about ethics reform, the disclosure of dent, 300,000 people live there. It is the floor, it seemed we unanimously agreed earmarks, the fact that none would be home of our State, the capital of our these projects should be brought to the added in secret. Over the last few State. We finally reached agreement. floor of the Senate and that if someone weeks, we have pretty much back- These are not agreements that come wanted to question them, we could tracked on everything we have talked from the top down; they come from have those amendments, and we could about, to the point where even liberal local government up. I think it is im- ultimately vote on the whole package. publications across the country are portant, as colleagues come to the But it seemed clear we all agreed that talking about the pork we are pro- floor to in a way demean this process, new earmarks should not be added in ducing in the Senate. Instead of doing to understand if they demean the proc- conference and then for that con- the Nation’s business and delegating ess, they are demeaning their own com- ference bill to come back without any authority to States, we are in effect munities. In Oklahoma, or in Cali- chance of amending it. That is not the weakening our ability to have a na- fornia, or Georgia—I see Senator type of business we talked about in the tional infrastructure that is safe and ISAKSON here. He and Senator BAUCUS whole ethics debate. So my issue is not works for all Americans. I am very dis- were invaluable to Senator INHOFE and with our ability to earmark or even the appointed not only that this has been me in doing all of this. practice of authorization bills desig- done but that a Member of the Senate The fact is these projects and these nating spending but that they are is not even allowed to raise a point of ideas and these needs come up from added in conference when we all agreed order against the fact that it has been local governments. As a matter of fact, that if it was not added in either the done. homeowners’ associations find them- Senate or the House bill, it could not With that, I yield the floor. selves faced with dangerous cir- be added in conference. The PRESIDING OFFICER (Mr. cumstances because a river is rising For that reason, I ask unanimous WHITEHOUSE). The Senator from Cali- and there have not been the needed im- consent that I be allowed to raise a fornia is recognized. provements. Senator INHOFE and I point of order under rule XLIV. Mrs. BOXER. Mr. President, I yield share a commitment to shoring up our Mrs. BOXER. I object. Mr. President, myself 4 minutes at this time. infrastructure, including water re- reserving the right to object, let me Mr. President, it is my understanding sources, and I think when we look at say this. For 7 years, we waited for that now I have 14 minutes remaining all of the things that come before us— flood control and then we saw Katrina. on my side. Senator INHOFE has how and we are so torn in half here, Demo- For 7 years, we have waited for envi- much time remaining? crat versus Republican—here we have ronmental restoration. For 7 years, we The PRESIDING OFFICER. He has an opportunity to move forward in a have waited for navigation improve- 221⁄2, and the Senator has about 131⁄2. bipartisan fashion. As Senator INHOFE ments. For 7 years, we have waited, Mrs. BOXER. And Senator FEINGOLD would say in his way, because he has and the bottom line is, every single retains 20 minutes. been hammering at this, this is one project in this bill has a letter at- The PRESIDING OFFICER. That is step of a very important process. We tached to it saying who asked for it, correct. have added these independent reviews whether it was added in conference, Mrs. BOXER. If he doesn’t take that so that we have checks and balances all added in the first bill, the second or the 20 minutes, Senator INHOFE and I will the way through. I will retain the remainder of my third. share that time. I would urge that we get on with this I am sorry that Senator DEMINT has time. I thank the Chair. The PRESIDING OFFICER. The Sen- today, and I object to the unanimous left the floor, which oftentimes hap- ator from Oklahoma is recognized. consent request that we slow this thing pens after a Senator speaks. But I have to say that when I said we need to do Mr. INHOFE. Mr. President, it is my down. understanding that we have 22 minutes The PRESIDING OFFICER. Objec- these Katrina-related fixes, his answer was that the reason we had a problem remaining. tion is noted. The PRESIDING OFFICER. That is with Katrina in the first place is the The Senator from South Carolina is correct. recognized. Corps didn’t do a good job, and I think Mr. INHOFE. Mr. President, I yield 7 Mr. DEMINT. Mr. President, I would certainly the Corps didn’t live up to minutes to the Senator from Georgia. like to suggest that one of the reasons our expectations. But what Senator Mr. ISAKSON. I thank the Senator New Orleans was not prepared for DEMINT doesn’t mention is that in this from Oklahoma and Chairman BOXER Katrina is we have so many problems bill before us, because of the hard work and Subcommittee Chairman BAUCUS with our infrastructure in the way we of Senator FEINGOLD and others, we for their outstanding work on the politically meddle with the priorities have now put into this bill an inde- WRDA bill. I urge my colleagues to of States, particularly with the Corps pendent review process where there support the conference report and of Engineers that has a backlog of bil- will be no projects going forward unless point out the critical need for the in- lions of dollars over many years. We and until there is an independent re- frastructure we have in this country. refuse to clear out those backlogs so port that the National Academy of Historically, every 2 years we have the Corps can focus on that which Sciences will, in fact, oversee. We have passed the WRDA bill. Now we have needs to be done, such as the levees in gone light years from where we were gone 7 years without that. What hap- New Orleans. Instead, year after year, before. That is why we have so much pened in the last 7 years? We have had we add one earmark after another, strong support for the bill. The Audu- significant droughts, we have had until the Corps has no focus at all on bon Society supports the bill, along Katrina, and we have had other great what they are doing, and we are trying with the Clean Water Fund, the Con- tragedies. It is about time that we to direct from Washington what our servancy of Southwest Florida, the came back to the floor and passed a water projects should be. American Shore and Beach Preserva- comprehensive bill. The fact that we have plussed this tion Society, the National Water Re- I know there has been criticism of bill up from $14 billion to over $23 bil- sources Association, and on and on and the amount of the bill. I saw a CBO lion, a 66-percent increase since this on. The fact is, if we had allowed the score of about $23 billion. I remind my bill left the Senate floor, says we have DeMint request to go forward, we colleagues that this is an authoriza- to have some shame. We have to have would be back to square one. We can- tion, No. 1. No. 2, it is 7 years in the some honor in this body. If we are not afford that. It has been 7 long making, not 2. No. 3, we have had sig- going to do this, let’s do it in a way years. nificant tragedies and have significant that we all said we would, and that is Again, the health of our communities threats in our own States that need to to bring these to the floor so we can de- is at stake. The safety of our families be addressed and need to be prioritized.

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.036 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11986 CONGRESSIONAL RECORD — SENATE September 24, 2007 I will take my own State as an exam- ing to be authorized. I can tell you that our permanent committees were put ple. I represent a State with a major the Senator from Georgia—I don’t together. We didn’t have committees metropolitan area, Atlanta. That city know of a member on the committee prior to that. So the responsibilities of has 5 million people whose water who has worked harder, or maybe even authorizing and appropriating were put source is Lake Lanier and the Chat- as hard as the Senator from Georgia. into these 11 committees in accordance tahoochee River. We don’t have So I thank him for coming here today with jurisdiction. aquifers in the north to draw from, and making his statement. By 1867, 51 years later, the Senate only the surface water that we retain. I know my good friend from South created the Appropriations Committee. Through the leadership of a visionary Carolina, Senator DEMINT, would not The Appropriations Committee had the Governor a few years ago, we passed intentionally misrepresent anything, idea that there was to be separate au- the Metro North Georgia Water Plan- but when he says once it is authorized, thorizing language with the appropria- ning District to take the consolidated it is just like spending, that isn’t true. tions. They were going to actually area of north Georgia and put it into a I know he hasn’t thought that through spend the money. Somebody else was singular planning district for water or he would not make that statement. going to do the authorization. purposes, management of storm water, We have a backlog, which has already In 1899, it was seen that they had to see if we could maximize the return been talked about several times here— kind of moved together, so the Appro- we get on the investment we make in a backlog of some $32 billion of Corps priations Committee was actually leg- the most precious thing we have, our projects that have been authorized but islating on appropriation bills. water. haven’t been done. That speaks for In 1922, a major change took place. In This legislation has money for con- itself. They are out there. How can you 1922, after the Accounting Act of 1921, veyance systems. Local water authori- say that—by the way, it is worthwhile the Senate changed the rules. They es- ties joined together with a regional saying or some people might say: Why tablished not only that the Senators plan to cooperate and build a solid are you authorizing more if they were going to be appropriating and not water infrastructure. haven’t even done those? Maybe some authorizing on the appropriations bills, Secondly, the Big Creek Water Man- of them are no longer necessary. I will but that is when the current rule XVI agement and Restoration Program is in give you a couple examples. In Okla- came into effect. It had been there for here, which I started 9 years ago with homa, we have a channel that goes all a different purpose. Rule XVI says if the city of Roswell, which was devel- the way to Muskogee, OK, or the Port the appropriators appropriate some- oped to manage storm water, its run- of Katusa. A lot of people don’t think thing that is not authorized, it is going off, and control water better in a major of us as being navigable in Oklahoma, to take a 60-vote point of order. That is urban area. It was cited by the EPA as but we are. It is a short distance that huge. That was very clear in 1922. They one of the most outstanding projects of is 9 feet, where the choke is. So we said we want to make it virtually im- its type in America. have had it authorized for a long period possible for the appropriators, without Also in here is a very visionary of time to make that a 12-foot channel. going through any authorization, to agreement between the Governor of It would make a huge difference. It unilaterally say we ought to have all hasn’t been authorized. Georgia and the Governor of South these projects; we don’t care if they are The Passaic River in New Jersey has Carolina, who signed a bistate water worthwhile or not. That is what hap- a flood control tunnel up there that compact for the construction of a port was authorized at $1.2 billion back in pened. to be operated jointly by the State of Then, slowly, since that time it has 1990. That wasn’t last year or the year Georgia and the State of South Caro- been going back to the appropriators before. So far, no money has come in lina in Jasper County, SC, on the Sa- getting more and more power. They there. vannah River. The Ports of Charleston Mr. President, I was disappointed in have been diminishing the power of the and Savannah are two of the major the way time was handled here. Let me authorizers. ports on the east coast of the United make a few comments and then per- Put up the military chart. States. With this planned agreement haps see if anybody else comes down I am on another committee. and the funding that pays for the study who needs to be heard. Mr. President, how much time do I put up by those States, and the study Right now, let me first redeem my- have remaining? authorized in this legislation, these self. We have a lot of people talking The PRESIDING OFFICER. There is two States will set a historic precedent about this. I know a lot of people are 12 minutes 30 seconds remaining. to reach out together and form part- watching, saying we are going to find Mr. INHOFE. Mr. President, the nerships so as to make the maximum out who the conservatives are. There Armed Services Committee is an au- use of the port capabilities and facili- are a lot of ‘‘born-again’’ conservatives thorization committee. Let me tell you ties of our States on the Atlantic I have heard so far, who are not con- why the process of authorizing is im- Coast. servative but are opposing an author- portant. I could use almost any exam- A lot of work has gone into this leg- ization bill. I say that, redeeming my- ple I want to, but I will use missile de- islation. Senator INHOFE has worked self, in that—every organization, in- fense. tirelessly, as has Chairman BOXER, but cluding Human Events and the Amer- Right now, there are very few people I want to mention the ones who don’t ican Conservative Union, says I am not around since 9/11 who don’t know that get much credit: Mike Quiello and No. 2 or No. 3, Mr. President, I am No. there are monsters out there who will Caroline McLean, on my own staff; 1. Did you know that I am the No. 1 send a missile into the United States. Angie Giancarlo; Let Mon Lee; Jeff most conservative Member of the Sen- We now have a missile defense system Rosato; Ken Kopocis; Tyler Rushforth; ate? we are still developing. There are three Paul Wilkins; and Jo-Ellen Darcy, all I am here to tell you something that phases: the boost phase, the midcourse who spent countless hours to make this is very unpopular because nobody is phase, and the terminal phase. legislation come to pass. going to understand it after I explain it In the boost phase, quite frankly, we I thank the ranking member for the to you. I will get right into it. I am do not have anything that will knock time. I commit my vote to passage of going to tell you what authorization is. down a missile. We are working on two the conference report and ask my col- I hope some Members are listening, but systems: one, a kinetic energy booster, leagues to join me and show a signifi- I fear they are not. I think minds are and the other is an airborne laser sys- cant vote for the WRDA conference made up. By the way, this bill will pass tem. The airborne laser system is going committee report. by an overwhelming majority. No ques- to be great for us, but we are not there I yield back my time. tion about that. In a way, we are wast- yet. Mr. INHOFE. Mr. President, first, let ing a lot of time right now. But I think Midcourse—we all have heard about me thank the Senator from Georgia. it is important that at least somebody the AEGIS system. I believe there are Working on these authorization com- says something that has to be said: 16 AEGIS ships right now. They have mittees is not easy. We have a lot of What is authorization all about? the capability of knocking down a mis- hearings and a lot of expertise, people The background of authorization sile during the midcourse phase. We looking, studying to see what is deserv- goes all the way back to 1816. In 1816, also have ground-based systems. We

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.037 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11987 know we need this redundancy because the Transportation reauthorization of Engineers report. It did not have a we don’t know from where these mis- bill. One of the criteria was, What do Chief’s report. It was open-ended, and siles are going to be fired. We all know the people at home want? In the case of the vote was 99 to 1. Guess who the one the President has been trying to get a the bridge to nowhere, the 100 projects was. It was me. Where were my con- location in Eastern Europe and up the State of Alaska said they wanted servative friends at that time? That around the old Soviet Union, and it has to do with their tax dollars, it was No. was huge. been very difficult. What we ultimately 5 from the top. We, in our infinite wis- In retrospect, I was right and the have to have is a way of knocking dom in Washington, say we are smarter other 99 were wrong. They might argue these missiles down from anyplace in than the dumb people out in the with me on that point. But, nonethe- midcourse. We have two systems. An States. We said: Even though this is less, in the current bill, there are now appropriator might look at that and what you want or have to have, you some reports in the Everglades, so we say: I know where we can save money. can’t have it because we have this infi- are doing it the right way with this We don’t need two midcourse systems; nite wisdom in Washington. bill. one is enough. But that is not right be- I use these examples only because the I reserve the remainder of my time in cause the expertise in the authorizing authorizing system does work. We are case somebody else wishes to speak, committees says we have to have that supposed to pass this water resources but I have to say, in case I run out of coverage. development reauthorization every 2 time, I have a letter from the Assistant Lastly, the terminal phase. We know years. If we had done that every 2 Secretary of the Army, Civil Works, about the THAAD system, the PAC–3, years, we would not be faced with what Secretary Woodley, and the arguments the Patriot Capability-3 advanced sys- we are faced today. We would not be they use as to why they would rec- tem. One may say they are redundant, looking at $21 billion. It averages out ommend the President veto this bill but they are not. about $3 billion, if my math serves me are not right. Here is the point I am trying to correctly. We tried to get a bill in 2002, Frankly, I am really disappointed. If make. The reason we know, in the Sen- and we were not able to do it. We tried we are going to pass this bill—and it is ate Armed Services Committee, it is in 2004, and we were not able to do it. going to be passed by a veto-proof mar- important we have these systems is be- We tried in 2006, and that didn’t work, gin—if the President vetoes it, he cause we are staffed with a lot of really either. In fact, we did our job; we just knows it is going to be overridden, and I have to question why he would veto smart people. They are specialists in ran out of time, as I recall. Now it is it. Again, we are reauthorizing. We are this area of national defense. I could 2007. If we don’t do it this time, it is not appropriating one nickel with this have used the F–22 versus the F–35 or going to be another year, and it is bill. any other system we have, but the going to mean the appropriators are point is that the Armed Services Com- I retain the remainder of my time. going to go ahead and do these projects mittee is an authorizing committee The PRESIDING OFFICER. Who without going through the right au- which is staffed with experts. So is the yields time? thorizing process. Environment and Public Works Com- Mrs. BOXER. Mr. President, I yield 6 I have to say it, and I say it in all minutes to Senator LANDRIEU of Lou- mittee. We have people who are experts sincerity to my good conservative in certain areas. The committee au- isiana. friends: This is not money we are The PRESIDING OFFICER. The Sen- thorizes projects for the future. spending; it is authorizing projects as If we take away the Senate Armed ator from Louisiana. to what meets certain criteria. If we Services Committee and the committee Ms. LANDRIEU. Mr. President, I look at some of the problems we are is no longer able to authorize, then we wish to follow up on the comments of having right now—Hurricane Katrina, are going to have appropriators sitting the good Senator from Oklahoma, who around waiting for somebody to come that was not foreseen and that was a I believe made some very appropriate up with what they want. Maybe it is a wake-up call. It could happen any- and strong arguments for this bill. contractor they know who has a sys- where. It was an infrastructure need. There are some reasons to vote tem and they will go ahead and use The collapse of the bridge in Min- against the bill, I guess, but I wouldn’t that system, but they wouldn’t have neapolis, that was a bridge on an inter- say one of them is because you are a the expertise. state. In Oklahoma, on I–40, we have a conservative. The Senator from Okla- I am not bashing appropriators. That bridge built with the same technology homa is absolutely correct, this is a is a very important part of the process. at the same time, and right now conservative approach to infrastruc- But they have to have some kind of a chunks of concrete are dropping off ture. This is the right approach. This is discipline in their spending. There is no that bridge and falling down below. We about investments. Whether one is rep- discipline. have, in my State of Oklahoma, the resenting the State of California, Let me mention something else that worst bridge situation. I am not proud which tends to be sometimes more lib- would be very unpopular. I said this on of this fact, but it is true. We have eral on issues, or representing a State the floor during the Transportation re- more deteriorating bridges than any such as Oklahoma, which tends to be authorization bill, which, at the time other State. These are projects we need more conservative, this is the right the Republicans were in the majority, I to be doing. vote. chaired the committee Senator BOXER I am ranked as the No. 1 most con- My colleagues can vote against this now chairs. At that time, a lot of peo- servative politician, but I have always bill because they don’t think it has ple were trying to latch on to items been a big spender in two areas: One, enough Corps reforms. Senator FEIN- that were wrong so they could use defend America—we need to defend GOLD’s position, although I disagree them to demagog. Remember the fa- America; no one else is going to do with it, is a legitimate position. He mous bridge to nowhere? Actually, it that for us—and No. 2, infrastructure. just believes the Corps should have would have been more accurate to say That is what we have talked about more reforms. Actually, I agree with a it is a bridge to nobody because the today. lot of what he says. But we couldn’t get bridge actually went someplace where We went through the long, involved a majority of Senators to go along with they couldn’t get except by barge traf- Transportation reauthorization. Mr. his proposal. We had to drop it or sac- fic and they could never develop that President, I am embarrassed to tell rifice the whole bill. I did not think it area. you, as sizable as that Transportation was worth sacrificing the whole bill. One of the few things that works well reauthorization bill was, if we were We have some reforms, and I am com- in Government, in my estimation, is able to spend all the money that was mitted and others are committed to the way we do the Transportation re- authorized, it would not even maintain continuing to work to reform the authorization. Everyone pays at the the current system we have today. Corps, to streamline the Corps, to force pump, and then the money comes into Let me mention one other point. them to stop wasting so much money the highway trust fund. Then we estab- Where were my conservative friends in and time. I am committed to do that in lish criteria. 2000 when we passed this huge, open- the future. Senator BOXER will remember that ended bill called the Everglades Res- But right now, we have wetlands to we had some 30 criteria we used with toration Act? It didn’t have any Corps save and levees to build. The Senator

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.039 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11988 CONGRESSIONAL RECORD — SENATE September 24, 2007 from Oklahoma is exactly correct. This anything you want on the Internet, but The Corps will be able to support sew- is a chart that shows the civil works as every now and then you have to ship it. age treatment upgrades such as the one a percentage of the gross domestic You can purchase it with a mouse at Blue Plains, which serves customers product since 1929. There is a crisis in click, but that product has to get on a in the District of Columbia, northern America. We are down below half a per- ship, it has to get on a truck, it has to Virginia, and Maryland. centage point relative to gross domes- get on a barge. It has to go somewhere. The new EPA permit for Blue Plains tic product. We are spending less today If we don’t start building levees and requires that the nitrogen load from than we did in 1929. protecting our people from these the plant be reduced by more than 4 I know nobody believes this informa- storms—and Lord help us if there is an- million pounds annually. This will be tion, but this is not a chart that came other terrorist attack—I just don’t the largest single nitrogen reduction from MARY LANDRIEU’S office; this is a know what we are going to do. So there project in the bay watershed in a dec- chart from the Corps of Engineers. is some urgency about this situation. ade. We can see in the runup to the wars, I will say in my final minutes that I The Port of Baltimore is one of the World War I and World War II, how this hope the President will not veto this largest ports on the east coast. It is a bolted up because we had to make some bill. I hope he will reconsider his posi- vital engine of economic activity, con- of these investments. But look at the tion and look at the vote, the over- tributing $2 billion to the State’s econ- precipitous slide, Mr. President. I say whelming vote in the House—and I omy and employing 18,000 Marylanders this because the Senator is correct. think we are going to have an over- directly and tens of thousands more in- The National Chamber of Commerce— whelming vote in the Senate—and say: directly. WRDA 2007 extends the au- not a bastion of liberalism—is sup- I thought about vetoing this bill, but I thorization for the 50-foot dredging of porting this bill. The Manufacturers of decided not to because the arguments the Baltimore Harbor and Channels. America—not a bastion of liberalism— have been good. The dredging that is authorized in this sent out a letter supporting this bill. Mr. President, I would ask unani- bill is essential to the economy of Bal- Why? Because business cannot operate mous consent for 30 more seconds. timore and the entire region. But it without ports and navigation and flood The PRESIDING OFFICER. Without produces millions of tons of dredge ma- control. Agriculture cannot operate if objection, it is so ordered. terials annually. In this bill, that sedi- every year their fields get flooded. Ms. LANDRIEU. So I hope the Presi- ment is being put to beneficial reuse. I don’t know how to explain this any- dent will reconsider this number, the The Corps is literally rebuilding an is- more. This is not porkbarrel, runaway lowest investment since 1929. I hope he land in the Chesapeake. spending. This is critical investments, will look at the hurricane maps, and Poplar Island once was home to resi- and it has been 7 years since this bill then I hope he will look at the land dents and hunting lodges. It had nearly has passed. loss in Louisiana. vanished, the victim of rising sea level and unrelenting erosion. Since this Senator BOXER didn’t run up a big I would like to just end with this. We tab. She has worked her heart out with have lost more than twice the amount project’s authorization in 1996, how- ever, the Corps has restored over 1,100 Senator INHOFE to get a bill passed in 7 of land in just the last storm—these months that should have passed 7 years red dots represent significant land acres of remote island habitat. Poplar Island has risen, phoenix-like, from the ago. loss—that if an enemy came and took waters of the Chesapeake Bay. Five As to the argument from the good this land away from us, we would de- hundred and seventy acres of upland Senator from South Carolina—and I clare World War III. But it is not an habitat and an additional 570 acres of know somebody has to come to the enemy, it is ourselves. wetland habitat are being created. floor and read talking points from So let us pass the WRDA bill. Today, even as the project continues, some organization about this bill, but I I thank the chairman and the rank- the island is once again home to migra- wish to say something about South ing member for their extraordinary tory shore birds, mammals, and rep- Carolina, Louisiana, Florida, and leadership. There are many good rea- tiles. It even serves as a nesting area Texas. This chart shows the hurricanes sons to pass this bill, and I hope we can for Maryland’s famous terrapins. The that have hit since 1955. I don’t know get a good vote in just a few minutes. expansion of authorized in the bill will how many more Katrinas, I don’t know Mr. CARDIN. Mr. President, I rise in build upon this success. It will add an how many more Ritas, I don’t know support of the conference report on the additional 575 acres, about half upland Water Resources Development Act of how many more Hugos we need. But and half wetlands, to the restored is- these are the tracks of the storms. We 2007. The bill that is before us today land. have 300 million people who live in the contains key Corps reform measures. It The Poplar Island expansion project United States. I am just going to take helps move America forward in ad- authorized in this bill is important to a wild guess that 50 percent of them dressing a lengthy backlog of critical the Port of Baltimore and to the eco- live in the Northeast and the South be- water infrastructure projects, and it logical health of the Chesapeake Bay. cause I know the interior West is very authorizes essential ecosystem restora- But it is also a model for the Nation, lightly populated, so I would imagine tion efforts. showing us how Corps projects can be the gravity of the population is where This bill contains a number of provi- engines of economic success while at we are looking now. sions that are vital to Maryland—from the same time serving beneficial eco- How many more storms have to hit Cumberland in western Maryland to logical functions. before we pass a water bill? How many the great cities of Baltimore and Wash- Smith Island is a remote inhabited more homes have to be flooded? We ington and down to tiny Smith Island, island in the Chesapeake Bay on the lost 275,000 in Louisiana and Mis- which sits in the Chesapeake Bay. Maryland-Virginia border. It has lost sissippi last year. Two years ago today, Like so many other projects con- over 3,300 acres of wetlands, threat- Rita slammed into south Louisiana and tained in this bill, the Cumberland ef- ening the people who live there and de- east Texas. I focus so much on my fort will have multiple benefits. In- grading the Chesapeake Bay in the State, and, of course, I represent Lou- creased public safety will come from process. This bill authorizes the con- isiana, but I picked up the Houston the flood control provisions. The struction of 2 miles of breakwaters to Chronicle this morning, front page, big project also serves historic and com- protect over 2,100 acres of wetlands and headline: People in south Texas still munity restoration efforts, including underwater grass beds. waiting for help from the Federal Gov- the rewatering of the National Park WRDA 2007 is unlike any earlier ernment for homes destroyed 2 years Service’s Chesapeake and Ohio Canal WRDA bill. It contains Corps reform ago. and the reconstruction of the historic measures, ecological restoration This bill is not going to solve every turning basin there. projects, and environmental infrastruc- problem. It is not going to build every For the first time, the Army Corps ture projects. These provisions rep- levee. But we better get about raising will supplement the Environmental resent the future of the Corps of Engi- this chart up a little bit or I don’t Protection Agency’s effort to repair neers. It is the reason I support this know what our manufacturers and and improve wastewater treatment fa- legislation. I urge my colleagues to businesses are going to do. You can buy cilities to benefit the Chesapeake Bay. join me.

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.040 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11989 Mr. DOMENICI. Mr. President, I be- something I treasure, and I lament the and upgrade our waterways because so lieve that the passage of this bill is degradation that has occurred. Because many of our businesses—and millions long overdue and I commend Senator of this, I have been involved in Bosque of jobs—depend on them. The bill BOXER and Senator INHOFE for their ef- restoration since 1991, and I commend would also help restore aquatic eco- forts to pass this bill. the efforts of groups like the Bosque systems and habitats, and it includes There are numerous projects in this Coalition for the work they have done, several provisions that are important bill that are important to each state. I and will continue to do, along the for Michigan and the Great Lakes. would like to take a few moments and river. I wish to express my thanks to the highlight what this bill means to New Another project that is of great im- chair and ranking member of the Envi- Mexico and our environment. portance to New Mexico is the South- ronment and Public Works Committee, I would like to point out that the west Valley Flood Control Project. Senators BOXER and INHOFE, for their New Mexico related projects in this bill New Mexico is a desert State prone to work on this bill. I also want to thank were included, at my request, in the flash flooding during our monsoon sea- WRDA bill we passed in 2006. So the son. In order to protect our cities we them for including a number of impor- content in this bill should not be a sur- must take proactive steps to ensure tant provisions for the Great Lakes, prise to any of us and I hope that we that communities are prepared in the one of the world’s greatest natural re- can get this bill signed by the Presi- event of flooding. The Southwest Val- sources. The Michigan and Great Lakes dent quickly. ley is one such area that is subject to projects that I had requested, and One of the most critical New Mexico flooding from rainfall runoff. Due to which were included in the Senate bill, projects contained in this year’s WRDA unfavorable topography, flood waters were retained in the conference report. bill involves New Mexico’s Bosque. I pond in low lying developed areas and Additionally, other important projects have long envisioned the rehabilitation cannot drain by gravity flow to the Rio included in the House WRDA bill that and restoration of the Bosque. In fact, Grande River. This project resolves I asked to be included in the con- I have introduced legislation in this this problem and calls for the construc- ference report were retained. Congress that would do just that. This tion of detention basins and a pumping I am also pleased that a provision bill will allow us to implement this vi- station in Albuquerque for flood con- that I added as an amendment to the sion that concerns this long neglected trol in the Southwest Valley. Senate WRDA bill was retained in the treasure of the Southwest. This legislation also has a significant conference report. This provision would The Albuquerque metropolitan area impact on our environment. The Rio is the largest concentration of people expedite the operation and mainte- Grande Environmental Management in New Mexico. It is also the home to nance, including dredging, of the Great Program authorizes the Corps to ad- the irreplaceable riparian forest which Lakes commercial navigation channels dress environmental restoration and runs through the heart of the city and and infrastructure. This is a key provi- management on the Rio Grande and its surrounding towns that is the Bosque. sion because the Great Lakes are in the tributaries through planning, design It is the largest continuous cottonwood midst of a crisis: Freighters are getting and construction of habitat rehabilita- forest in the Southwest, and one of the stuck in shipping channels, other ships tion and enhancement projects and a last of its kind in the world. are carrying reduced loads, and some Unfortunately, mismanagement, ne- long term river data acquisition and shipments have simply ceased alto- glect, and the effects of upstream de- management program. This simple pro- gether. This WRDA provision would velopment have severely degraded the vision establishes a continuing author- work to address the very serious dredg- Bosque. As a result, public access is ity for addressing environmental res- ing backlog in the Great Lakes, which problematical and crucial habitat for toration and management on the Rio has been exacerbated by historically scores of species is threatened. Grande and its tributaries within the low water levels. I am also thankful Yet the Middle Rio Grande Bosque state of New Mexico. This project con- that the bill includes a Sense of the remains one of the most biologically sists of two main components. The first Congress that states that the Corps’ diverse ecosystems in the Southwest. component consists of planning, design budget for dredging should be devel- My goal is to restore the Bosque and and construction of small habitat reha- oped by using all available economic create a space that is open and attrac- bilitation and enhancement projects data rather than focusing on a single tive to the public. I want to ensure and the second component calls for a metric such as the amount of cargo that this extraordinary corridor of the long term river data acquisition and being moved. I worked with the Senate Southwestern desert is preserved for management program. The impacts bill managers to address this problem generations to come—not only for gen- that this project will have on New Mex- when WRDA was being debated on the erations of humans, but for the diverse ico will be tremendous. Senate floor. At that time, the bill Another program outlined in this plant and animal species that reside in managers agreed to work with me to year’s WRDA bill provides authority to the Bosque as well. address this problem in the conference the Corps to study, adopt, and con- The rehabilitation of this ecosystem committee, and indeed they did. And struct emergency streambank and leads to greater protection for threat- for that, I am grateful. ened and endangered species; it means shoreline protection works for protec- more migratory birds, healthier habi- tion of public highways and bridges, Also of vital importance for the tat for fish, and greater numbers of and other public works, and nonprofit Great Lakes navigation system is a towering cottonwood trees. This public services such as churches, hos- provision in the conference report that project can increase the quality of life pitals, and schools. This program pro- modifies the authorization to construct for a city while assuring the health and vides authority for the Corps to carry a second Poe-sized lock at Sault Ste. stability of an entire ecosystem. Where out ecosystem restoration and protec- Marie, so that it will be constructed at trash is now strewn, paths and trails tion projects if the project will im- full Federal expense for a total cost of will run. Where jetty jacks and dis- prove environmental quality, is in the $341,714,000. Two-thirds of the carrying carded rubble lie, cottonwoods will public interest, and is cost effective. capacity of the U.S. Great Lakes fleet grow. The dead trees and underbrush This is a worthy initiative that will is currently limited to the one large that threaten devastating fire will be benefit the environment throughout lock, the Poe lock. If the Poe lock replaced by healthy groves of trees. the United States. should fail, shipping between Lake Su- Schoolchildren will be able to study I urge my fellow Senators to help fur- perior and Lake Huron would essen- and maybe catch sight of a bald eagle. ther enhance and protect our environ- tially cease, and the steel industry, The chance to help build a dynamic ment through passage of this legisla- coal-reliant industries, and agricul- public space like this does not come tion. I believe that each State stands tural industries dependent on farm ex- around often, and I would like to see to benefit from this bill. ports would be severely harmed. This Congress embrace that chance on this Mr. LEVIN. Mr. President, I am authorization to waive the non-Federal occasion. proud to support this legislation today, cost-share requirement is an important Having grown up along the Rio which is so important for our Nation’s step for ensuring the viability of the Grande in Albuquerque, the Bosque is water infrastructure. We need to repair Great Lakes shipping infrastructure.

VerDate Aug 31 2005 02:34 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.048 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11990 CONGRESSIONAL RECORD — SENATE September 24, 2007 Another important provision for the tion projects while doing nothing to retary of the Army for Civil Works, health of the Great Lakes that was re- modernize the system for funding these ‘‘Because the conference version of tained in the bill is a provision that au- projects. I wonder, did we learn noth- H.R. 1495 significantly exceeds the cost thorizes the completion of the dispersal ing from Hurricane Katrina? of either the House or Senate bill and barrier to prevent invasive species, In August of 2005, this Nation wit- contains other unacceptable provisions such as the Asian carp, from moving nessed a horrible national disaster. discussed below, the President will between the Mississippi River water- When Hurricane Katrina hit, it brought veto the bill.’’ I applaud the Presi- shed and the Great Lakes. Further, the with it destruction and tragedy beyond dent’s vow to veto this bill. bill directs the Corps to operate both compare, more so than our Nation had While the bill before us today in- barriers I and II at full Federal expense seen in decades. Almost 2 years later, cludes an ‘‘independent’’ review process and provides credit to those States the gulf coast region is still trying to in name, as Senator FEINGOLD and I that provided funds to begin construc- rebuild, and there is a long road ahead. have pushed for during debate on the tion of barrier II. The bill also directs I thought that we had learned a few last two Senate-passed bills, the con- the Corps to conduct a feasibility study lessons from this tragedy, but as our ference report provision does not pro- on other ways to prevent the spread of Nation continues to dedicate signifi- mote true independent review at all. invasives between the Great Lakes and cant resources to the reconstruction ef- Senator FEINGOLD and I championed Mississippi River. fort, we are now being asked to quickly language that would have established a The bill also retains a Senate WRDA approve a conference report that only process by which the planning and de- provision that I have been working on perpetuates the problems with both the sign of Corps projects could be re- for many years: the improvement of funding and management of the Corps viewed by a panel of experts. As stated Michigan’s water and sewage infra- of Engineers. by an editorial in the Washington Post structure. An authorization of $35 mil- During Senate consideration of this on August 6, 2007, entitled ‘‘Watered lion is included in the WRDA con- bill, Senator FEINGOLD offered an Down,’’ ‘‘The Corps has a long history ference report for a statewide environ- amendment that I was pleased to co- of overly rosy environmental and eco- mental infrastructure project to cor- sponsor that would have established a nomic analysis of such projects, tai- lored to the political needs of its rect combined sewer overflows, which system to give clarity to the process funders in Congress. Review of Corps is a major source of pollution in the used for funding Corps projects. Of projects by independent experts would Great Lakes and other waterbodies in course, that amendment was not adopt- deter such behavior, which threatens Michigan. Combined sewer overflows ed. It is unacceptable to me that this not only the federal budget but public Congress isn’t interested in how best to carry both stormwater and sewage, and safety. The Senate version of the legis- allocate our limited Corps resources or these can be discharged into streams, lation was very tough on this point.’’ I how taxpayer dollars would be used rivers, and lakes during periods of will ask to have the editorial printed in heavy rains. The $35 million provision most effectively. My question is, What the RECORD immediately following my is wrong with having some concept of in WRDA authorizes the Army Corps to remarks. partner with communities throughout what our Nation’s priorities are for wa- The legislation before us drastically Michigan to improve their sewer infra- terworks projects? Why are we reject- dilutes the Senate-passed provision and structure. These improvements would ing policies to help us identify where gives the Corps undue influence over not only benefit communities but the greatest infrastructure needs are? this panel. The review process will ac- would also help protect our precious Are people worried that showing the tually be housed within the Corps rath- water resources. American people how their money is er than outside the agency as the Sen- As the recent tragic collapse of a really being spent may result in their ate bill required, and the Corps’ Chief Minnesota bridge has made all too pet project being moved down the list of Engineers is also given significant clear, the repair and modernization of for funding? authority to decide the timing of re- this Nation’s infrastructure needs to be Today’s practice, as illustrated again view, the projects to be reviewed, and a much higher priority. Just as roads by this legislation, allows a Member of whether to implement a review panel’s and bridges need urgent repairs, we Congress to get a project authorized recommendations. This new system cannot wait further for authorizing im- and funded without having any idea of will only compound the problems with portant water projects that protect how that project affects the overall in- an agency that has brought about lives and property, support commerce frastructure of our Nation’s water- countless mismanaged and incredibly and industry, and preserve and restore ways—or whether it is even needed. expensive construction and mainte- our environmental resources. We have There is already a $58 billion backlog nance projects. waited 7 years for this bill. Now is the in Corps projects, and the bill before us I believe this conference report is time to pass this bill, and it should not increases that backlog by an additional fundamentally flawed in many ways, be held up by a Presidential veto, $23.2 billion according to the Congres- not the least of which is its cost. As which I am confident the Congress sional Budget Office. That is a 40-per- stated by the Tax Payers for Common would override. cent increase in the size of the existing Sense, ‘‘In High School Civics students While these important provisions, as backlog. Yet consider how much fund- learn that conference committees are well as several others that I have not ing the Corps receives annually on av- where lawmakers hash out the dif- mentioned, provide the authorization erage—$2 billion. Anyone can do the ferences between House and Senate for addressing the dredging backlog in math and realize that we are perpet- bills. But in the case of WRDA (H.R. the Great Lakes, restoring the environ- uating a significant problem. But that 1495), the Corps of Engineers water mental integrity of our waters, and won’t stop so many of my colleagues projects bill, a $14 billion Senate bill providing critical flood protection from congratulating themselves on met a $15 billion house and ballooned projects, the appropriations needed to passage of this bill—a bill the White into a whopping $21 billion monster. make these provisions a reality are House intends to veto. . . . The ultimate price tag will be far down the road. The next critical step is I find it particularly ironic that just higher because of numerous policy to appropriate the actual funding for before the August recess this body changes that are intended to shift costs these necessary projects. claimed to be turning a new page and from who benefits onto the federal tax- ∑ Mr. MCCAIN. Mr. President, I would taking significant steps toward ending payer. For these reasons, the President like to express my strong opposition to the process of secret earmarks and did the right thing by promising to the conference report on the Water Re- porkbarrel politics when it passed the veto the bill if it gets to his desk. . . . sources Development Act of 2007. The Honest Leadership and Open Govern- Lawmakers should start over again and legislation being considered today far ment Act of 2007. This bill is beyond come back with a fiscally responsible exceeds the already outrageous spend- more of the same with over 900 bill that includes stronger policy re- ing that was approved in both the projects, up from 600 projects in both forms for independent peer review of House- and Senate-passed bills and the Senate and the House passed bills. costly, controversial, or critical would drastically increase the backlog As stated in a recent letter from the projects, modernized economic guid- of Army Corps of Engineers construc- Director of OMB and Assistant Sec- ance and creates a system to prioritize

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.022 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11991 limited federal funding. All these pro- but there are more than enough votes to the Upper Mississippi and Illinois Riv- posals will save taxpayers in the long override. Imperfect as it is, this bill is likely ers. term.’’ to become law. Supporters of the com- The Mississippi River is the backbone Mr. President, it is time that we end promise, such as Sen. Barbara Boxer (D- of our waterway transportation system Calif.), chairman of the Environment and this process of blind spending, throw- Public Works Committee, say that their and transports $12 billion worth of ing money at projects that may or may tough oversight will make it work, a promise products each year, including over 1 not benefit the larger good. It is time that will itself be tested in the months billion bushels of grain to ports around for us to take a post-Katrina look at ahead.∑ the world. This efficient river transpor- the world and learn from our experi- Mr. KYL. Mr. President, although I tation is vital to Illinois. Shipping via ences over the past years instead of supported the Senate-passed version of barge keeps exports competitive and being content with business as usual. the Water Resources Development Act reduces transportation costs. That is Shouldn’t we be doing all that we can of 2007, I cannot support the conference good for producers and consumers. to reform the Corps and ensure that version of WRDA because it signifi- More than half of Illinois’ annual corn the most urgent projects are being cantly exceeds the costs of both the crop and 75 percent of all U.S. soybean funded and constructed? Or are we Senate and House-passed bills and in- exports travel via the Upper Mis- more content with needless earmarks— cludes many projects outside the Army sissippi and Illinois Rivers. too often at the expense of projects Corps of Engineers’ traditional respon- There are huge cost and environ- that are of most need? sibilities. I am not alone in my opposi- mental benefits to shipping by barge as I urge my colleagues to oppose this tion. Indeed, the Director of the Office well. Barges operate at 10 percent of conference report. of Management and Budget and the As- the cost of trucks and 40 percent of the Mr. President, I ask to have the edi- sistant Secretary of the Army have in- cost of trains. They release much less torial to which I referred printed in the dicated to Congress that the President carbon monoxide, nitrous oxide, and RECORD. will veto the bill in its current form. hydrocarbons, and use much less fuel The article follows. The conference reported version of to operate. [From the Washington Post, Aug. 6, 2007] WRDA would cost approximately $21 But the system of locks and dams WATERED DOWN billion, which is about $7 billion more along the Upper Mississippi that make ANOTHER PORK-LADEN BILL FOR THE ARMY than the Senate and House-passed travel possible are in desperate need of CORPS OF ENGINEERS CONTAINS MODEST versions. The $21 billion ‘‘compromise’’ modernization. The current system was CHECKS ON FUTURE PROJECTS reached in conference is not a fiscally built 70 years ago and needs to be up- When Last we checked, the Water Re- responsible bill and, therefore, should dated to account for modern barging. sources Development Act was a $14 billion not pass. Many of the older locks are only 600 bill larded with pork-barrel projects. Now it The conference version also inappro- feet in length, while most current is a $21 billion bill, having taken on still priately contains many projects out- more pork in a House-Senate conference barge tows using the waterway are committee, and it appears headed for pas- side the Corps’ primary missions of twice as long. That means these goods sage. One small factor in the bill’s growth navigation, flood damage reduction, take twice as long to get down river was the addition, during the closed-door con- and ecosystem restoration, such as en- and into the marketplace. The con- ference, of tens of millions of dollars’ worth vironmental infrastructure projects. ference report before us today author- of pet projects not previously debated in ei- These environmental infrastructure izes replacing and upgrading many of ther chamber. Interestingly enough, Con- projects divert vital resources away the locks and dams along the Mis- gress has also just passed an ethics bill that from the Corps’ primary responsibil- sissippi. was arguably designed, in part, to prevent ities, and add to the backlog of Corps The legislation authorizes $2.2 billion this sort of thing. But that legislation has not yet taken effect. projects. This is especially troubling for replacing and upgrading locks and Of greater concern are the bill’s provisions since according to the Congressional dams and another $1.7 billion for eco- for independent review of proposed dams, Research Service the Corps’ backlog of system restoration along the river. levees and other projects to be built by the authorized projects is currently esti- As we have seen in the tragedy that U.S. Army Corps of Engineers. The Corps has mated to be 800 totaling nearly $38 bil- occurred along Minnesota’s 35W Bridge, a long history of overly rosy environmental lion to $60 billion. our country’s infrastructure is aging and economic analysis of such projects, tai- I do recognize that the conference and overburdened. lored to the political needs of its funders in version of WRDA contains a number of The projects included in the bill are Congress. Review of Corps projects by inde- pendent experts would deter such behavior, important projects, some of which are sorely needed to shore up our waterway which threatens not only the federal budget located in my home state of Arizona. I system, a vital component of our na- but public safety. would like to thank the Environment tional infrastructure. The Senate version of the legislation was and Public Works Committee for in- Unfortunately, the President has very tough on this point. It would have re- cluding many of the projects I re- threatened to veto the WRDA bill. This quired peer review of projects costing $40 quested in the bill. It is important to bill is years overdue, and a veto by this million or more and permitted state gov- note, however, that because of the Administration will mean yet another ernors, federal agencies and the general pub- backlog of Corps projects and concerns lic to initiate mandatory peer reviews of delay for important projects in Illinois other projects. It would have created a sepa- relating to WRDA’s costs, I limited the and across the country. rate federal office to oversee the reviews, requests I made. The same cannot be The WRDA conference report passed and it stated explicitly that federal courts said for the conference version of the House this August by a vote of 380– did not have to defer to the Corps’ reasoning WRDA. Consequently, I cannot support 40. And when the Senate originally when the agency decided to reject the find- the bill in its current form. considered the bill earlier this year, ings of an independent panel. But, after ne- Mr. DURBIN. Mr. President, I rise there were only four dissenting votes. gotiations between the Senate and the today in support of the Water Re- The bill will be sent to the President House, which favored a nearly toothless sources Development Act of 2007. We with broad bipartisan support from process, the final bill leaves out much of the Senate language: It raises the minimum dol- have waited a long time for this bill, both the House and the Senate, and he lar amount slightly, to $45 million, and says almost 7 years. should reconsider his threat to veto that only governors, not federal agencies or I thank Chairman BOXER and Rank- this bill. public interest groups, can call for manda- ing Member INHOFE for their hard work I encourage all of my colleagues to tory peer review. The Corps can waive review on this legislation and getting this bill support this bill and yield the floor. of smaller projects where it sees no environ- through a conference and here before The PRESIDING OFFICER. Who mental issues. Inexplicably, the peer review us today. yields time? law expires in seven years. The bill authorizes navigation, eco- Mr. INHOFE. Mr. President, I yield The good news is that the bill requires the system restoration, and flood and Corps to assign the reviews to the respected myself such time as I may consume. National Academy of Sciences; it also wisely storm damage reduction projects all Mrs. BOXER. Will my friend yield permits reviewers to consider a wide range of over the country. Most significantly just on the time issue? issues. President Bush has understandably for Illinois, the bill will increase lock It is my understanding that Senator threatened a veto because of the bill’s cost, capacity and improve the ecosystem of FEINGOLD has yielded us 20 minutes, so

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.016 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11992 CONGRESSIONAL RECORD — SENATE September 24, 2007 I ask unanimous consent that Senator the streets; it was unfunded mandates. are outside of and inappropriate for the INHOFE get an additional 10 minutes So we had the Federal Government mission of the Corps of Engineers, and and I get an additional 10 minutes. coming along telling us what to do and so forth. Well, the conference report The PRESIDING OFFICER (Mrs. mandating that certain things be done, does not include authorization of sur- STABENOW). Without objection, it is so and some of my poorer communities in face transportation projects for the ordered. Oklahoma were just not able to do it. Corps of Engineers. That isn’t some- Mr. INHOFE. Madam President, let Let me just give a couple of examples. thing we do. me say to my good friend from Lou- All of these towns and cities in Okla- So you look at the arguments they isiana that I do agree with her. I hope homa I have been in and I have seen have, and it gets right back to the ar- the President doesn’t veto this bill, but different things the Federal Govern- gument that the attack here, as I said, whether he does or doesn’t, it won’t ment has come in and told them to do going all the way back to 1816, is on the make any difference. The outcome is and not funded them. They are projects authorization process. The only dis- going to be the same. We are going to in Ada, Norman, Wilburton, Weather- cipline we have in spending in this have this bill. But let me give him the ford, Bethany, Woodward, Langley, body is to have an authorization proc- assurance that the place to start using Durant, Midwest City—that project in ess. his veto is when we start spending Midwest City is a water infrastructure Again, I will repeat, there is going to money in places we shouldn’t spend type of project—Ardmore, Guymon, be some of these that are authorized money and not on this authorization. OK, out in the panhandle. I was out that I would feel in my heart should I am going to make sure everybody there during the last recess, and they not be appropriated, and I will fight understands, even though I have made were having a very serious problem against their appropriation. That is a number of statements here in support with wastewater treatment. This would where the battle should be fought, and of this authorization bill, it doesn’t resolve that problem. Altus, OK; I think it is going to be. mean I am going to support everything Chickasha, OK; Goodwell, OK; I don’t want to question anyone’s sin- on it. There will be things, when it Bartlesville, Konawa, Mustang, and cerity in their opposition, but I think comes up to appropriations time, that I Alva. And when you stop and you think there are a lot of people who will go will be down here leading the opposi- about all these things, these are things home and have a press release saying: I tion and asking the President to veto that—it should not be their responsi- voted against spending some $23 bil- some of these things. But you have to bility. They do not have the capability lion. Nothing could be further from the have discipline in some way. There has of doing it. They are all things that truth. You oppose the authorization to be some kind of a guideline, some came from the Federal government. system and you oppose discipline in kind of criteria used. Here I am, the No. 1 most conservative spending. Let me for a minute talk parochially Member, saying Government does have Madam President, I reserve the re- about my State of Oklahoma. These a function. The major function I have mainder of my time. are things that are in here for my always said is defending America and Mrs. BOXER. Madam President, State but things that should be in here. its infrastructure. could you tell us how much time re- Let me mention a couple of things, if These are things the Government mains between Senator INHOFE and my- I could, Madam President. should be doing. self? I have a letter here from the Depart- Lake Arcadia is a good example. The The PRESIDING OFFICER. The Sen- ment of the Army, the Assistant Sec- city of Edmond is the fastest growing ator from Oklahoma has 6 minutes, and retary of Civil Works, which is the city in Oklahoma. Because of a set of the Senator from California has 13 min- Corps of Engineers, and they say the circumstances, they were being billed utes. Corps already has an enormous backlog and have been billed for years now for Mrs. BOXER. Madam President, let of ongoing projects that will require fu- water they were not even using. All me say as we wind down that I think ture appropriations of some $38 billion. this committee, of which I am so proud that is corrected in here. In the event Well, I use that in my argument as to to be the chairman, and I am so pleased this bill should not pass, those people why this is necessary. There is a reason to work with Senator INHOFE on these of the city of Edmond, OK, are going to for the backlog. At the time, they were infrastructure issues, has done its have to come up with money to pay for authorized, but then circumstances work. I think we have done our job. something they never got. changed. Some of these projects don’t Now, of course, you can always find Lake Texoma—the same situation. need to be done and will never be done. The Red River Chloride Control Project By the way, when you talk about the something that somebody doesn’t like in this bill clarifies the operation and amount of money that is going to be in a bill, but the fact is, as Senator maintenance of Oklahoma chloride authorized, you don’t know, first of all, INHOFE explained with a most instruc- control projects at the Red River. This how much of that $21 billion or $23 bil- tive set of charts—and I thank him so is critically important to our farmers lion—maybe half of it—will ultimately much for going back through the his- in southern Oklahoma. be spent. We don’t know. Some may be tory of the difference between appro- We have Ottawa County’s Tar Creek. spent next year, some 10 years from priations and authorizations—this is The most devastating Superfund site in now. It is just authorizing, just saying an important step and a necessary step America that has been addressed now that at this snapshot in time, these are in the process but by no means the last for 25, 26 years is Tar Creek in northern things which need to be done in Amer- step. Oklahoma, which goes into southern ica, these are legitimate, these meet He talked about the appropriations Kansas, and nothing has been done. We the criteria. So that argument is no process, and I talked about the process have spent millions and millions of dol- good. now that Senator FEINGOLD and Sen- lars, until 41⁄2 years ago, when I became He says that adding excessive new ator MCCAIN got added to this bill. Al- chairman of this committee, with the authorizations to this backlog is though they are still not happy with help of the Democrats, Senator BOXER unaffordable and unnecessary. This everything we have done, it creates an included, we were able to actually get sentence implies it is inadvisable to independent review. So we will have in there and do something. We have authorize new projects until all current independent review, we will have ap- some of the projects that are necessary authorized projects are completed, and propriations. Therefore, this is a very to ultimately take care of that dev- nothing could be further from the necessary first step after these projects astating thing in northern Oklahoma. truth. Certainly providing adequate have come up really from our constitu- Now, I spent several years—three hurricane protection in New Orleans is ents, from our homeowners, from our terms—being mayor of a major city in a higher priority than some of the al- city councils, from our boards of super- Oklahoma—Tulsa, OK. In Tulsa, OK, ready authorized projects, but we visors, from our mayors and governors, one of the biggest problems we had— didn’t know it at the time these were et cetera. So I believe we have put to- and I daresay if you were to talk to any authorized. That is why this is impor- gether a bill that meets our commu- mayor in America they would say the tant. nities’ needs, and I think we have done same thing—the biggest problem in my It said in this letter that the bill will it in the very best way we can. We have city was not prostitution or crime in include numerous authorizations that complied with the new ethics rules.

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.042 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11993 By the way, I ask unanimous consent time, Senate rules prohibit conferees from shared concern was with ‘‘appropriations to have printed in the RECORD a letter including in a conference report matter bills’’ and ‘‘spending.’’ (See id. at 425–427). In dated today from Majority Leader REID plainly within the scope of the conference. fact, Senator Coburn was very explicit in The anticipated interpretation by the Parlia- identifying the difference between an au- and the Rules Committee chair, Sen- mentarian is compelled by the plain lan- thorizing bill and an appropriations bill and ator FEINSTEIN, replying to Senator guage of amendments that you yourself stated flatly: ‘‘you don’t have an earmark if DEMINT on the issue of whether the sponsored during Senate debate on the ethics it is authorized’’ (Id. at S42); ‘‘Items author- Senate rule XLIV point of order applies bill. ized are not earmarks’’ (Id. at S427). to authorization bills. Amendment No. 11, which you successfully Similarly, in Senator Ensign and McCain’s There being no objection, the mate- offered and the relevant part of which was comments regarding Amendment No. 98, rial was ordered to be printed in the included word-for-word in the final law, re- they spoke about federal spending and appro- quires public disclosure not only of certain priations bills, not authorizing bills—‘‘We RECORD, as follows: items ‘‘providing’’ funding but also items should scrutinize how Federal dollars are U.S. SENATE, ‘‘authorizing or recommending’’ funding. spent’’; ‘‘We must ensure that taxpayers’’ OFFICE OF THE MAJORITY LEADER, Thus, the explicit language requires disclo- dollars are being spent wisely’’; ‘‘The growth Washington, DC, September 24, 2007. sure of items in appropriations bills, author- in earmarked funding in appropriations bills Sen. JIM DEMINT, izing bills, and even report language accom- during the past 12 years has been stag- U.S. Senate, panying bills. gering.’’ (Id. at S 741, emphases added). Noth- Washington, DC. But Amendment No. 98, which you co-spon- ing in the floor debate on S. 1 reflects an in- DEAR SENATOR DEMINT: Thank you for sored with Senators Ensign and McCain and tent to subject authorizing language in con- your letter last Thursday regarding the ear- which was adopted by unanimous consent, ference reports to the point of order under mark reform provisions in Public Law 110–81, contains a completely different definition of Rule XLIV. Quite the opposite—the plain the Honest Leadership and Open Government items that would be subject to a point of language of the amendments and the floor Act of 2007. This law, which passed the House order if included in a conference report. This debate on earmarks was focused on spending by a vote of 411–8 and the Senate by a vote definition, unlike the definition in Amend- and appropriations bills. The sentiments you of 83–14, has been hailed by independent con- ment No. 11, makes no reference to author- now express simply do not square with rel- gressional reform advocates as ‘‘far-reaching izations; instead, it describes an item ‘‘con- evant legislative history. reform’’ and ‘‘landmark legislation.’’ Ac- taining a specific level of funding for any There are sound policy reasons for the dis- cording to Democracy 21 President Fred specific account, specific program, specific tinction between authorizations and spend- Wertheimer, ‘‘this Congress has passed fun- project, or specific activity, when no such ing provisions under Rule XLIV. The avail- damental government integrity reforms to specific funding was provided for’’ in either ability of a surgical point of order against a respond to the worst congressional corrup- the House or Senate bill. Further, a provi- conference report represents an exception to tion scandals in thirty years.’’ sion in that amendment made clear that it the long-standing parliamentary principle The new law (and procedures adopted by only applied to appropriations conference re- that a conference report may not be amend- Senate committees in anticipation of the ports—if a point of order was sustained, ‘‘any ed. Since conference reports must be adopted law’s enactment) has already improved pub- modification of total amounts appropriated in identical form by both houses of Congress, lic awareness of earmarking activity—activ- necessary to reflect the deletion of the mat- endless amendment of conference reports ity that had been obscured from public view ter struck from the conference report shall would disrupt the orderly resolution of legis- even as the number of earmarks exploded be made’’ (emphasis added). The definition in lative disagreements. In order to instill during Republican control of Congress over Amendment No. 98 was incorporated essen- needed discipline in the legislative process, the last decade. For the first time, earmarks tially word-for-word into Public Law 110–81. the new law creates two exceptions to that and the identity of their sponsors are fully The inclusion of the word ‘‘authorizing’’ in principle: the surgical point of order against disclosed on the Internet before legislation Amendment No. 11 and the absence of that out-of-scope material under Rule XXVIII and comes to the Senate floor, and there is a word—along with the trigger of ‘‘specific the point of order against new spending meaningful process to curb the inclusion of funding’’ and reference to ‘‘amounts appro- items in conference reports under Rule dead-of-night spending in conference reports. priated’’—in Amendment No. 98 compel the XLIV. But extension of the Rule XLIV point Your letter of September 20 challenges an Parliamentarian’s ruling that authorizations of order to authorizing language in con- anticipated ruling by the Senate Parliamen- are subject to disclosure but not subject to ference reports is unwarranted and would tarian regarding the scope of the new point the new point of order in Rule XLIV. An au- thwart finality in the legislative process. of order in Rule XLIV. But you fail to ac- thorization bill does not contain ‘‘specific Stronger safeguards are appropriate when knowledge that the ruling you now claim to funding’’ and it does not ‘‘appropriate’’ any Congress actually spends taxpayer money, be ‘‘saddened’’ by is compelled by key defini- amounts; it is merely permission for possible whether in appropriations bills or in other tions in two amendments you sponsored dur- funding in the future. An analysis by the bills which directly affect the federal budget. ing Senate floor debate last January, both of Congressional Research Service confirms But when Congress passes an authorizing which were incorporated into the final bill this interpretation: bill, it is simply expressing a goal. For in- essentially word-for-word. Further, the an- In summary . . . both the originally-passed stance, spending for disadvantaged students ticipated ruling is grounded on sound policy rule (Section 102) and the new Rule XLIV, under Title I of the No Child Left Behind Act reasons involving the distinction between paragraph 8, would seem to apply to provi- was authorized at $25 billion in FY07, but mere authorizations and actual spending sions providing appropriations and direct only $12.8 billion in funding was actually ap- provisions—a distinction that you and Sen- spending only, generally to provisions that propriated. The pending Water Resources De- ator Coburn openly discussed during floor de- provide some form of spending authority. velopment bill authorizes billions of dollars bate on your amendments. Neither rule would seem to apply to provi- for water projects, but the actual funding of At the outset, we note that many of the sions simply authorizing or reauthorizing a those projects will occur through the appro- new rules in Pub. L. 110–81 apply to author- program, project, or activity, without pro- priations process. In fact, tens of billions of ization bills as well as spending bills. For ex- viding any funding. dollars worth of water resources projects ample, the newly strengthened Rule XXVIII, Memo from the Congressional Research have been authorized over the years, but which permits ‘‘surgical’’ points of order Service to Majority Leader Reid, September have not yet been funded through an appro- against out-of-scope matter in a conference 11, 2007. priations bill. Each of the spending decisions report, applies to all types of conference re- The remarks of you and your co-sponsors in the appropriations bills will be subject to ports, including authorizing bills and appro- during the Senate floor debate on S. 1 also the discipline that the new Senate rules im- priations bills. The Rule XXVIII point of reflect this understanding. In arguing for pose on such bills and may be challenged order maintains the longstanding definition earmark reform you spoke about ‘‘spending’’ during consideration of those bills. of out-of-scope matter. and ‘‘appropriations’’ bills. For example, you When earmark abuse occurs, it involves Similarly, the disclosure requirements in said: ‘‘And if we put that money in an appro- the unjustified use of taxpayer money—not new Rule XLIV apply to legislative items priations bill designated just for them, it is the setting of authorization levels. It is ap- that merely authorize spending, as well as an earmark. That is a Federal earmark.’’ propriate to require full disclosure of all those that actually spend money. Moreover, (Cong. Rec. 8417, Jan. 11, 2007). You urged items that involve specific member-re- disclosure is required for items in committee that Congress ‘‘show the American people quested projects, including authorizations, reports as well as in legislative text. Infor- that we were going to spend their money in but only those items that actually spend mation about such items, including the iden- an honest way.’’ (Id. at 8416). You said you taxpayer money should be subject to the ex- tity of the members who sponsored them, were ‘‘trying to let the American people traordinary procedure of allowing a point of must be posted on a public Internet website know how we are spending their money.’’ (Id. order to strike a provision that is within the 48 hours before a bill is considered on the at S417). And you made the point that ‘‘in scope of conference from a conference report. Senate floor. the appropriations bills there were 12,852 ear- Despite your ongoing campaign to dis- The new point of order in Rule XLIV, how- marks.’’ (Id. at S426). (Emphases added in credit the Honest Leadership and Open Gov- ever, applies to actual spending rather than each case.) ernment Act, we remain confident its pas- to mere authorizations. This new point of In your floor colloquy with Senator sage was a major accomplishment. 83 Sen- order is extraordinary because, for the first Coburn, he repeatedly emphasized that your ators and 411 House members voted for the

VerDate Aug 31 2005 02:34 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.043 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11994 CONGRESSIONAL RECORD — SENATE September 24, 2007 final bill because they recognized it for what of new jobs right here in America. The Mr. INHOFE. Madam President, it is it is: the most sweeping ethics reforms in port economy is responsible for ap- my understanding I do have more time years and a huge step forward toward restor- proximately 5 million jobs—and ‘‘jobs’’ left than I will take. A quick word. I ing the confidence of the American people in is your middle name, Madam Presi- had a communication from my wife their government. Sincerely, dent. So this bill will keep jobs being that she thought I was getting a little HARRY REID, created and keep goods moving. WRDA emotional about this, so let me end on Senate, Majority Leader. is essential for goods movement. a very positive note and say, yes, I DIANNE FEINSTEIN, I mentioned recreation. Maybe some have a presentation I make to groups, Chair, Senate Rules Committee. people don’t know this, but the Corps to conservative groups, talking about Mrs. BOXER. So, Madam President, of Engineers is the largest provider of the history of authorizations since we have complied in full with the Eth- outdoor recreation, operating more 1816. I gave an abbreviated edition a ics Committee, and we worked with the than 2,500 recreation areas at 463 few minutes ago. Parliamentarian every step of the way projects and leasing an additional 1,800 It is so frustrating to me to see peo- to make sure we were in total concert sites to State or local parks and recre- ple saying, if for some reason—it isn’t with that new law because we are re- ation authorities or private interests. going to happen. This is going to pass spectful of it. We have letters from At these projects around the country, by a huge margin. If the President ve- every Senator. We have a transparent the Corps hosts 360 million visitors a toes, he knows it will be overridden. process here. Everyone who asked for a year at its lakes, beaches, and other But if for some reason this didn’t pass, project put their name on the line, and areas. One in ten Americans—25 mil- we would be right back where we were we made sure there was no pecuniary lion people—visits a Corps project at in 2002, 2004, 2006, and we would be hav- interest of a Member or their family. least once a year, and this generates ing appropriators out there without So this is an important day for our 600,000 jobs related to all of this move- any kind of discipline or any kind of country. We have all said this in dif- ment. process to go through in making those ferent ways, but we are authorizing So, colleagues, we can all agree that determinations. projects our communities need to help public health and safety, economic I think it would be the wrong thing protect millions of people in our Na- growth, and environmental protection to do. tion from catastrophic flooding. It also are important goals, and this bill helps Lastly—I didn’t mention this—in will help restore the great wetlands, es- to achieve them. Oklahoma, Texas, and Arkansas, we tuaries, and rivers of our Nation, Finally, I wish to say a word of had quite a number of floods. If it had places where wildlife thrive and that thanks to leader HARRY REID, who has not been for what the Corps of Engi- our families enjoy today. We want to just come onto the floor to make a neers had already done that was pre- make sure they enjoy them in the fu- statement of his own. I know Senator viously authorized and then later on ture—the hunting, the fishing, the INHOFE and I spoke to Senator REID was appropriated, it would have cost boating, the camping, the outdoor in- many, many times, and I know it is dif- us, they now say, $5.4 billion more in dustries. ficult for him because, just so the pub- damages than it did. By the way, those outdoor industries lic understands, everyone who gets a I hope the good conservatives will are a very important part of our econ- bill out of his or her committee goes look at this and realize we have to omy. We call it the recreation econ- right to the majority leader to beg for have authorization in the process. omy. Without these projects, they sim- time. I yield the remainder of my time. ply won’t be able to thrive. He made a commitment to me. He The PRESIDING OFFICER. The dis- WRDA makes other important con- told me, and I remember it: When the tinguished majority leader. tributions. It authorizes projects for Jewish holidays are completed, we will Mr. REID. This will be the first and our communities that they need to in- turn to WRDA. And that is what he last vote today. crease their capacity at their ports, to did. He is a man of his word. This is so Madam President, I have been chair- make shipping easier, safer, and more very important for the country. man of this committee on two separate efficient. It literally keeps America’s Finally, let me thank the staff. First, occasions, the Environment and Public economy moving. You cannot have a the Democratic staff: Bettina Poirier, Works Committee. This is a masterful great country if you don’t keep up with Ken Kopocis, Jeff Rosato, Tyler piece of legislation that was put to- the infrastructure needs. We saw what Rushforth; EPW Republican staff: gether by the two managers of this bill; happened when a bridge collapses, and Andy Wheeler, Ruth Van Mark, Angie the chairman, Senator BOXER, ranking we are dealing with that in the com- Giancarlo, Let Mon Lee—I have gotten member Senator INHOFE. They have mittee as well. to know these as family; also, the staff been in reverse rolls. Senator INHOFE Look what happens if we don’t keep of Senator BAUCUS: Jo-Ellen Darcy and was chairman of this committee. up with our water projects. We are not Paul Wilkins; and staff of Senator People complain about the Senate going to be able to move our ships. I ISAKSON: Mike Quiello. not working together on a bipartisan know there are, for example, in Cali- This has been not an easy time. But basis and perhaps that is true on a lot fornia so many ports, but in many when you get a bill that is supported of occasions. But there are many occa- cases a lot of silt builds up and they by the U.S. Chamber of Commerce, the sions where we need to look at the can’t move those ships through. So we National Association of Manufacturers, glass being half full rather than being need to do that. These are our gate- the American Farm Bureau, and the half empty, and here is an example of ways to the world. Our manufactured three biggest construction labor orga- the glass being half full. This is a fine goods, such as computer chips, agricul- nizations—Laborers’ International, piece of legislation that is being tural goods, grains, wines, and fruits, International Union of Operating Engi- pushed by two Senators with ideolog- pass through our ports and harbors to neers, United Brotherhood of Car- ical bents that are totally different. be sold around the world. We have $5.5 penters and Joiners—when you get all Senator BOXER has one political philos- billion worth of goods passing through those, plus a host of local people, plus ophy, Senator INHOFE has another. But our ports each day and more than 2.5 a host of water people, I think we are that is how things should work around billion tons of trade moving through answering a need. here. our ports each year. Colleagues, that Again, I thank each and every mem- Being a little bit personal about this, volume is expected to double over the ber of the staff, my dear friend Senator I think people recognize that Senator next 15 years. INHOFE for being such a good fighter for ENSIGN and I work very well together. That is why we say to this President: this, and all the Members of the Sen- We are not political soulmates, but we Please, please sign this bill. Why do we ate. I know we are going to have a are friends and we work together. That have to fight over every single thing? great vote. is what has been accomplished. We The fact is, you can’t have a great It is my understanding Senator don’t have political soulmates, but economy, the greatest economy in the INHOFE may have a closing word prior they work together, giving and taking, world, if we can’t keep our goods mov- to Senator REID speaking, so I yield my and legislation is the art of com- ing. And we need to create thousands time. promise, consensus building. That is

VerDate Aug 31 2005 02:34 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A24SE6.014 S24SEPT1 bajohnson on PROD1PC69 with SENATE September 24, 2007 CONGRESSIONAL RECORD — SENATE S11995 what this is. Senator BOXER didn’t get NAYS—12 It also directs the Army Corps of En- all she wanted. Senator INHOFE didn’t Allard Ensign Kyl gineers to study Woods Hole, the East get all he wanted. But they got some- Burr Enzi McCaskill Basin of Cape Cod Canal in Sandwich, Coburn Feingold Sessions thing good for this country. DeMint Gregg Sununu and Oak Bluffs Harbor to determine whether the Army Corps should pro- I want the record spread with the NOT VOTING—7 fact that this is an extremely impor- ceed with dredging in those areas to Biden Kerry Smith improve navigation. It modifies the co- tant piece of legislation that literally Brownback McCain could not have been accomplished—not Dodd Obama ordinates of the federal navigation channels in Chatham’s Aunt Lydia’s only with what they did in com- The conference report was agreed to. mittee—they got it passed on the Mrs. BOXER. Mr. President, I move Cove and Falmouth Harbor. These floor—frankly, without the persistence to reconsider the vote. modifications will support waterfront they have had. Anytime I tried to turn Mr. INHOFE. Mr. President, I move development by increasing access to away from it, they would head me in to lay that motion on the table. the channels. the right direction. I am glad we are The motion to lay on the table was An earlier Army Corps of Engineers here. This bill deserves a big vote. This agreed to. restoration plan for Milford Pond rec- is one of the finest pieces of legislation The PRESIDING OFFICER. The Sen- ommends that the pond be dredged. this body has passed all year. ator from Louisiana is recognized. The conference report authorizes the The PRESIDING OFFICER. All time Ms. LANDRIEU. Mr. President, as we Army Corps of Engineers to assist the has expired. conclude this historic vote, I thank community in removing the excess colleagues on both sides of the aisle sediment. Mrs. BOXER. I ask for the yeas and and briefly will put a few names into Finally, the conference report directs nays. the RECORD. I know we are moving to the Army Corps to prepare an environ- The PRESIDING OFFICER. Is there a another bill. I wish to thank Senator mental restoration report on Mill Pond sufficient second? There appears to be BOXER, Senator INHOFE, and Senator in Littleton. This report is an essential a sufficient second. The question is on REID, for living up to his commitment. step before the Army Corps can assist agreeing to the conference report. The For the RECORD, there were several the community in removing excess yeas and nays have been ordered. people on my staff who worked so hard sediment and restoring the pond. The clerk will call the roll. over the last 7 years: Herman ‘‘Bubba’’ Much good will come from the provi- Gesser, Allen Richey, Paul Rainwater, The assistant journal clerk called the sions I have described here, all of which Kathleen Strottman, Jason Matthews, roll. I worked to include in the final version Jason Schendle, Stephanie Leger, Rob- Mr. DURBIN. I announce that the of the Water Resources Development ert Bailey, Jennifer Lancaster, Tanner Act. However, we must recognize that Senator from Delaware (Mr. BIDEN), Jackson, Mark Tiner, Lauren Jardell, the Senator from Connecticut (Mr. our work to improve Corps of Engi- Elaine Kimbrell and Lucia Marker- neers project planning is not done. DODD), the Senator from Massachusetts Moore. Corps project planning must account (Mr. KERRY), and the Senator from illi- That is how long this bill has been for climate change, and Corps projects nois (Mr. OBAMA) are necessarily ab- going on. I have literally had 12 people sent. should use nonstructural approaches in and out of the Projects Department whenever practicable to help protect I further announce that, if present working on this bill. the natural systems that can buffer the (At the request of Mr. REID, the fol- and voting, the Senator from Massa- increased floods, storms, storm surges, lowing statement was ordered to be chusetts (Mr. KERRY) would vote and droughts that we will see as the printed in the RECORD.) ‘‘yea.’’ Earth’s temperature continues to rise. ∑ Mr. KERRY. Mr. President, I was Mr. LOTT. The following Senators The safety and well-being of commu- necessarily absent from the vote today are necessarily absent: the Senator nities across the country are at stake. on the conference report of the Water from Kansas (Mr. BROWNBACK), the Resources Development Act. Had I Many of my colleagues have already Senator from Arizona (Mr. MCCAIN), expressed their support for this impor- and the Senator from Oregon (Mr. been present, I would have supported the conference report because it au- tant change. In May of this year, 51 SMITH). thorizes a number of essential flood Senators voted for a bipartisan climate The PRESIDING OFFICER (Mr. control, navigation and ecosystem change amendment to the Water Re- SANDERS). Are there any other Sen- projects in Massachusetts and around sources Development Act that I offered ators in the Chamber desiring to vote? the Nation. We have a responsibility to along with Senators COLLINS, FEIN- The result was announced—yeas 81, safeguard our environment, and this GOLD, SANDERS, CARPER, REED, BIDEN, nays 12, as follows: legislation will help ensure that future WHITEHOUSE, CANTWELL, SNOWE and NELSON. Unfortunately, we needed 60 [Rollcall Vote No. 347 Leg.] generations will be able to take full ad- vantage of all that nature offers in votes to sustain the amendment. YEAS—81 Massachusetts. I remain deeply committed to ensur- Akaka Domenici Menendez The conference report directs the ing that the Corps, and all of our fed- Alexander Dorgan Mikulski eral agencies, plan for the future cli- Barrasso Durbin Murkowski Army Corps of Engineers to study the Baucus Feinstein Murray Gateway region of Lawrence to deter- mate that we know will be upon us, and Bayh Graham Nelson (FL) mine whether to fill abandoned chan- I urge my colleagues to join me in this Bennett Grassley Nelson (NE) nels along the Merrimack and Spicket fight. Bingaman Hagel Pryor Bond Harkin Reed Rivers. Filling the channels will allow It is clear that climate change is real Boxer Hatch Reid for the site to be redeveloped safely and that its affects must be factored Brown Hutchison Roberts and stop chemical leakage into the into our public policy. It is equally Bunning Inhofe Rockefeller clear that climate change will have Byrd Inouye Salazar Merrimack River. It also requires the Cantwell Isakson Sanders Army Corps to conduct a navigation very significant consequences for the Cardin Johnson Schumer study of the Merrimack River in Ha- safety and welfare of the American Carper Kennedy Shelby verhill to determine whether the agen- people, and people across the globe. Casey Klobuchar Snowe Chambliss Kohl Specter cy should proceed with dredging to im- The basic facts are these: At both Clinton Landrieu Stabenow prove navigation. poles and in nearly all points in be- Cochran Lautenberg Stevens The conference report modifies the tween, the temperature of the Earth’s Coleman Leahy Tester Collins Levin Thune coordinates of the Federal navigation surface is heating up at a frightening Conrad Lieberman Vitter channels in the Mystic River in Med- and potentially catastrophic rate. Corker Lincoln Voinovich ford and the Island End River in Chel- Temperatures have already increased Cornyn Lott Warner sea. The modifications will support wa- about .8 degrees Centigrade, about 1.4 Craig Lugar Webb Crapo Martinez Whitehouse terfront development by increasing ac- degrees Fahrenheit. Even if we could Dole McConnell Wyden cess to the channels. stop all greenhouse gas emissions

VerDate Aug 31 2005 01:20 Sep 25, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G24SE6.045 S24SEPT1 bajohnson on PROD1PC69 with SENATE S11996 CONGRESSIONAL RECORD — SENATE September 24, 2007 today, the current levels of carbon di- hour with blinders on. It is bound to entists say may become all too com- oxide in the atmosphere almost cer- lead to disaster. mon. tainly will produce additional tempera- The only climate change impact ad- I am committed to ensuring that fu- ture increases. Realistic projections of dressed by the Corps’ guidelines is sea ture Corps planning does not repeat the future warming range from 2 to 11.5° F. level rise. Under its internal planning mistakes of the past, and I urge my These are the findings of scientists guidelines, the Corps is supposed to colleagues to join me in this fight as and governments from across the take account of sea level rise when we consider future WRDA bills. Corps globe, as set forth in the most recent planning coastal projects. Those guide- project planning must account for the report of the IPCC, the Intergovern- lines do not require the Corps to assess realities of climate change, and protect mental Panel on Climate Change. That any other effects of global warming the natural systems that can buffer its report was written by some 600 sci- like increased hurricanes, storm affects.∑ entists and reviewed by 600 experts. It surges, and flooding. The Corps’ com- The PRESIDING OFFICER. The Sen- was then edited by officials from 154 pliance even with its internal require- ator from California. ment to look at sea level rise is spotty governments. The IPCC report con- Mrs. FEINSTEIN. Mr. President, I at best. For example, in proposing a cludes that it is ‘‘unequivocal that ask unanimous consent to speak with Earth’s climate is warming as it is now $133 million dredging project for Senator FEINGOLD in morning business Bolinas Lagoon in northern California, evident from the observations of in- for 15 minutes. creases in global averages of air and the Corps said it would not address sea I understand the other side is going ocean temperatures, widespread melt- level rise because it was too com- to object to a unanimous consent re- ing of snows and ice, and rising global plicated to do so. quest. I am going to ask if you would mean sea level.’’ As importantly, despite a statutory Scientists expect that the earth’s in- mandate to consider non structural ap- like me to do it upfront. Is that cor- creased temperatures will cause an in- proaches to project planning, the Corps rect? crease in extreme weather events, in- rarely recommends such approaches. Mr. ENSIGN. Yes. cluding more powerful storms, more This is true even where such ap- Mrs. FEINSTEIN. I always oblige the frequent floods, and extended droughts. proaches could provide the same or bet- Senator from Nevada. So if I have These changes threaten the health and ter project benefits. The Corps instead unanimous consent, that will be the safety of individuals and communities relies heavily on its traditional ap- order. around the globe. These changes also proaches of straight jacketing rivers The PRESIDING OFFICER. Is there pose a significant threat to the econ- with levees and floodwalls. These types objection? omy, and will put added pressure on of projects sever critical connections Mr. ENSIGN. Reserving the right to water resources, increasing competi- between rivers and their wetlands and object, the Senator is going to ask for tion among agricultural, municipal, in- floodplains, and lead to significant unanimous consent on the bill? dustrial, and ecological uses. coastal and floodplain wetland losses. Mrs. FEINSTEIN. If I may finish. It The United States is extremely vul- These approaches have left coastal is my understanding that the Senator nerable to these threats. Coastal com- communities, like New Orleans, far has another commitment, and there- munities and habitats, especially along more vulnerable, and have exacerbated fore I am happy to accommodate him the gulf and Atlantic coasts, will be flood damages by inducing develop- in that regard. stressed by increasing sea level and ment in high risk, flood prone areas The PRESIDING OFFICER. The Sen- more intense storms, both of which can and by increasing downstream flood- ator from Kentucky. lead to greater storm surges and flood- ing. Mr. BUNNING. Mr. President, I wish Nonstructural approaches should be ing. In the West, there will be more to ask, you are going to ask unanimous used whenever possible as they avoid flooding in the winter and early spring consent on H.R. 1255 also? followed by more water shortages dur- damage to healthy rivers, streams, Mrs. FEINSTEIN. I would be happy ing the summer. The Great Lakes and floodplains, and wetlands that can help to do that also. major river systems are expected to buffer the increased storms and flood- have lower water levels, exacerbating ing that we are seeing as a result of cli- Mr. BUNNING. I will wait then. existing challenges for managing water mate change. These systems protect Mrs. FEINSTEIN. I will do them both quality, navigation, recreation, hydro- against flooding and storm surge by first and then both Senators can ob- power generation, and water transfers. acting as natural sponges and basins ject, and then Senator FEINGOLD and I The Southwestern United States is al- that absorb flood waters and act as will have some time to speak, if that is ready in the midst of a drought that is barriers between storm surges and agreeable. projected to continue in the 21st cen- homes, buildings, and people. Healthy Mr. BUNNING. Thank you very tury and may cause the area to transi- streams and wetlands also help mini- much. tion to a more arid climate. mize the impacts of drought by re- The Corps of Engineers stands on the charging groundwater supplies and fil- f front lines of all of these threats to our tering pollutants from drinking water. water resources. They are our first re- Protecting these resources also pro- UNANIMOUS CONSENT REQUEST— sponders in the fight against global vides a host of additional benefits, in- H.R. 1255 warming. Hurricane and flood protec- cluding providing critical habitat for tion for New Orleans, levees along the fish and wildlife, and exceptional rec- Mrs. FEINSTEIN. Mr. President, I Mississippi and Missouri Rivers, levees reational opportunities. ask unanimous consent that the Sen- in Sacramento, CA, and ports up and Hurricane Katrina showed us the ate now proceed to Calendar No. 213, down our coasts, east and west are just tragic consequences of an intense H.R. 1255, Presidential Records Act a few of the many hundreds of Corps storm running head on into a badly de- Amendments of 2007; that the amend- projects that will feel the strain, im- graded wetlands system and faulty ment at the desk be considered and pact, and consequences of global cli- Corps project planning. Coastal wet- agreed to; the bill, as amended, be read mate change. lands lost to Corps projects were not three times, passed, and the motion to Corps planning currently does not available to buffer the Hurricane’s reconsider laid upon the table; that take climate change into account. To storm surge before it slammed into the any statements relating thereto appear the contrary, the Corps’ current plan- city. One Corps project, the Mississippi at the appropriate place in the RECORD ning guidelines are explicitly based on River Gulf Outlet, funneled the storm as if read, without intervening action the existence of a stable and unchang- surge into the heart of New Orleans. or debate. ing climate, and on the assumption Corps projects in New Orleans also The PRESIDING OFFICER. Is there that flooding is not affected by climate were not designed to address the in- objection? trends or cycles. Continued reliance on creased sea level rise or land subsid- Mr. BUNNING. I object. these outdated guidelines is like driv- ence, and were not strong enough to The PRESIDING OFFICER. Objec- ing down the highway at 80 miles an withstand the type of storm that sci- tion is heard.

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