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[Page: S3848] GPO's PDF---
By Mr. THOMAS (for himself, Mr. KYL, and Mr. HELMS):
S. 826. A bill to limit the acquisition by the United States of land located in a State in which 25 percent or more of the land in that State is owned by the United States; to the Committee on Energy and Natural Resources.
NO NET LOSS OF PRIVATE LANDS ACT
Mr. THOMAS. Mr. President, this is really the ``No-Net-Gain'' bill that we have talked about before. The regulation is a commonsense proposal that will limit additional Federal land acquisition in public land States. The Federal Government continues to acquire more land throughout the Nation in every State of the Union, and folks are saying we have to take a new look at the growth of the Federal Government and begin to protect private property rights. This, however, only applies to States in which 25 percent or more of the State now belongs to the Federal Government. So, as you can imagine, the acquisition of additional lands is especially a problem for those of us living in the West.
Roughly 50 percent of the land in my home State of Wyoming is owned by the Federal Government. In some States it is as high as 87 percent--in Nevada. In Colorado, the home State of the Presiding Officer, it is higher than 50 percent. This bill deals with that sort of phenomenon. As you probably know, in the past, of course, much land was set aside in parks and forests. They were reserve lands . And I support that. I am glad they are set aside. These are national treasures and we want to keep them.
Much of the land, of course, was then put into private ownership through the Homestead Act. When that was concluded, there were still lands there that were left afterwards, and they were taken and are now managed by the Bureau of Land Management. These were not lands that were ever reserved; these were lands that were simply left over when the Homestead Act was completed.
So they, too, are managed for many uses and are important. This bill in no way asks these total lands be reduced. We are simply saying whenever there is an acquisition made for something that is useful--and it does allow the Federal Government to do that, of course--that an equal value of land, Federal land, be sent back into private ownership.
The Federal Government, of course, makes it a little more difficult sometimes in the States to have multiple use, to use them, to set them aside, to manage the environment, but at the same time have economic activities, to have mining, to have oil, to have timber, to have grazing. These are the things, of course, that are the lifeblood to the Western States. This creates often a hardship for the local economies; and it depresses the economy.
The Clinton administration, I think, has been particularly difficult in the way it has handled some of the public lands . The latest proposal, the Lands Legacy Initiative , is an example of a rather expansive acquisition of Federal lands . Again I say I have no objection to the maintaining of lands that have a special character, that have a special need, to be reserved into public ownership. All we say is, if you are going to do that, then release an equal value amount of lands back into private ownership. Many of us are very concerned about the Lands Legacy Initiative , that it will again impede the private ownership, which, of course, is a very basic thing to this whole country.
I think the time has come to put some kind of a bridle on the insatiable appetite for additional land in the western part of the United States. The No-Net-Loss of Private Lands Act is, I think, a reasonable approach to an ever-increasing growth of Federal land ownership. This measure requires the Federal Government to release an equal value of land when it acquires property in the States that are at least 25 percent federally owned.
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The property would be released at the same time of the new acquisition and could be any type of Federal lands . In addition, the legislation would provide a provision waiving the disposal requirement in time of national emergency or war.
While in the Congress, both in the House and the Senate, I have worked extensively to protect unique public lands , such as national parks. I served as chairman of the National Parks Committee. I think there is nothing more important to us, in terms of preserving natural resources and cultural resources.
In fact, we passed a rather extensive bill called Vision 20/20 last year that does this. It helps to strengthen national parks. When I grew up, my parents' ranch bordered the Shoshone National Forest, so I feel very strongly about forests and that they should be there, but I do believe there needs to be some equality between the private ownership and Federal ownership. So it is time for the Congress to protect the rights of private owners and to instill some common sense and restraint in the further acquisition and growth of Federal lands . That is what this bill is designed to do. And I indicate the cosponsorship of Senator KYL and Senator HELMS.
By Mr. ROCKEFELLER (for himself and Mr. BYRD):
S. 827. A bill to establish drawback for imports of N-cyclohexyl-2-benzothiazolesulfenamide based on exports of N-tert-Butyl-2-benzothiazolesulfenamide; to the Committee on Finance.
DUTY DRAWBACK ON IMPORTS OF CBS AND TBBS
Mr. ROCKEFELLER. Mr. President, I rise today to introduce a bill that would establish the authority to provide a duty drawback on imports of two commercially interchangeable rubber vulcanization accelerators known commonly as CBS and TBBS.
CBS and TBBS are the major primary accelerators used in the production of tires and other rubber products. Both CBS and TBBS belong to the same class and subclass of rubber vulcanization chemicals, and can be used interchangeably with one another to perform the same function and to achieve the same end results. They can be manufactured by similar industrial processes using the same raw materials and identical process steps; and for all practical purposes, it is not possible to tell if CBS or TBBS were used in the final rubber product. In short, the two chemicals are commercially interchangeable in both function and use, and therefore, I believe they meet the specified circumstances required under Section 202 of U.S. trade law to receive duty drawback benefits based on a substitution basis.
More specifically, this bill is extremely important to a West Virginia company, Flexsys, that produces both CBS and TBBS, and employs 230 West Virginians with an average annual salary of $42,000. Passage of this bill will preserve these jobs in an increasingly competitive chemical market, and will permit American-made products to compete more effectively in world markets.
Because of the competitive nature of the chemical business, American companies must constantly look for new opportunities to improve efficiency, strengthen U.S. operations and cost position, and provide benefits to their customers. I believe the Congress had these goals in mind when we passed the duty drawback provisions in the Customs Modification Act of 1993. Flexsys meets the conditions set forth under the duty drawback provision that two products must be ``commercially interchangeable'' to claim a drawback credit, and I urge my colleagues to adopt this bill.
I ask unanimous consent that the bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF DRAWBACK BASED ON COMMERCIAL INTERCHANGEABILITY FOR CERTAIN RUBBER VULCANIZATION ACCELERATORS.
(a) IN GENERAL.--The United States Customs Service shall treat the chemical N-cyclohexyl-2-benzothiazolesulfenamide and the chemical N-tert-Butyl-2-benzothiazolesulfenamide as ``commercially interchangeable'' within the meaning of section 313(j)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)) for purposes of permitting drawback under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313).
(b) APPLICABILITY.--Subsection (a) shall apply with respect to any entry, or withdrawal from warehouse for consumption, of the chemical N-cyclohexyl-2-benzothiazolesulfenamide before, on, or after the date of enactment of this Act, that is eligible for drawback within the time period provided in section 313(j)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1313(j)(2)(B)).
Mr. BYRD. Mr. President, I am pleased to add my name as an original cosponsor of the bill introduced by Senator ROCKEFELLER that would provide the necessary authority to implement the trade drawback allowance based on the commercially interchangeable feature of two rubber vulcanization accelerators.
These two chemicals, commonly referred to as CBS and TBBS, are one-and-the-same for all practical purposes. CBS and TBBS belong to the same class and subclass of rubber vulcanization accelerator chemicals; they can be manufactured by similar industrial processes using the same active ingredients and identical process steps; and they generally cannot be distinguished by informed analysts once used in the finished rubber product. In short, CBS and TBBS are commercially interchangeable in function and use--the specified circumstances required under Section 202 of U.S. trade law to receive duty drawback benefits on a substitution basis.
By establishing the commercial interchangeability for CBS and TBBS, duty drawback law can be implemented. Under duty drawback law, a company would receive a refund of import duties--called a duty drawback--paid by that company on its imports of CBS, based on the exports of the company's production of TBBS, or vice-versa. In other words, for every ton of TBBS that a company exports out of the United States, the company would receive a refund of duties that it paid on a ton of CBS that was imported into the United States. A drawback allowance on the commercially interchangeable standard is granted on a case-by-case authorization. The bill I join Senator ROCKEFELLER in cosponsoring would simply provide the commercially interchangeable CBS and TBBS chemicals with the necessary authorization required by law.
This bill is vital to a West Virginia company, Flexsys, that produces both CBS and TBBS. Flexsys provides 230 jobs in West Virginia with an average annual salary of $42,000. Without the duty drawback, these jobs are at risk due to the increasingly competitive chemical market. The purpose of the drawback statutes is to permit American-made products to compete more effectively in world markets. The Congress adopted drawback provisions recognizing that U.S. manufacturers need the authority to enable them to select the most advantageous production methods. Flexsys meets the conditions set forth under drawback law, and my review of Flexsys has convinced me that it is the type of company that was in mind when this Body approved the drawback statutes.
In closing, I urge my colleagues to support our effort to aid hardworking Americans through passage of this bill. Enactment of this bill would fulfill the purpose of drawback law by advancing the continued operations at Flexsys and, as a result, the utilization of American labor and capital.
By Mr. DURBIN:
S. 828. A bill for the relief of Corina Dechalup; to the Committee on the Judiciary.
PRIVATE RELIEF BILL
Mr. DURBIN.
Mr. President, I rise today to introduce a private bill for the relief of Corina Dechalup of France. My bill would grant permanent resident status to Corina, affording her the legal security she needs to rebuild her life in this country.
Corina Dechalup first arrived in the United States from France in February 1990. She was admitted under the visa waiver pilot program after her then-fiancee Marin Turcinovic of Croatia was injured. Admitted on an H-1 visa in January 1990, Marin was hit by a car in Fairview, New Jersey in February 1990. Both of his legs were shattered. His spinal cord was severed, leaving him paralyzed below the neck. He will probably never walk again. Both Marin and Corina have been in the United States since their initial entries.
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Corina and Marin married in February 1996, six years after his accident. Corina is an essential part of Marin's life. She has been with Marin throughout his ordeal and has been instrumental in coordinating his medical care. She has directly provided care for Marin, and he could never have reached the degree of recovery he now enjoys without her support.
Marin requires 24-hour medical care for his survival. An insurance settlement from litigation filed after the accident provides Marin with lifetime medical and rehabilitative care. Marin and Corina currently live in a specially modified house located in the Beverly community of Chicago. According to Marin's lawyers, the insurance settlement that provides for Marin's lifetime shelter and medical care would not cover him at another location.
Marin was granted permanent resident status on September 30, 1998, pursuant to former section 244 of the Immigration and Nationality Act. Though he can now file a petition requesting permanent resident status for Corina, she will still face a four to five year wait. Because she entered the U.S. under the visa waiver pilot program, she was subject to an order of deportation, without the right to an administrative hearing, once she overstayed her 90-day authorized admission in February 1990. Since 1994, she has received a stay of deportation in one year increments. She cannot currently travel to see her family in France, and she has no assurance that her stay will be renewed from one year to the next.
Before arriving in the U.S., Corina, a university graduate, worked as a tour guide for a Yugoslavian tourist agency. Although her days are primarily devoted to Marin, she has the skills and desire to find part-time employment and would like to obtain authorization to work.
Mr. President, nine years ago, fate tragically changed forever the lives of Corina Dechalup of France and her husband Marin Turcinovic of Croatia. A terrible accident in the United States left Marin permanently injured, making his return home impossible. Fortunately for Marin, he had the love and support of Corina, who left her home and her family to devote her life to him. Given the tremendous adversity that she faces on a day-to-day basis, I believe it appropriate for Congress to grant her permanent resident status. Such status would clear up much of the uncertainty that currently clouds her future, and would allow Corina and her husband to rebuild their lives in our country with confidence.
Mr. President, I ask unanimous consent that this bill be printed in the RECORD.
There being no objection, the bill was ordered to be printed in the RECORD, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENCE.
Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Corina Dechalup shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fees.
SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.
Upon the granting of permanent residence to Corina Dechalup, as provided in this Act, the Secretary of State shall instruct the proper officer to reduce by the appropriate number during the current fiscal year the total number of immigrant visas available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)).
By Ms. SNOWE:
S. 829. A bill to deauthorize the project for navigation, Searsport Harbor, Searsport, Maine; to the Committee on Environment and Public Works.
DEAUTHORIZATION AND REALIGNMENT OF SEARSPORT HARBOR
By Ms. SNOWE:
S. 830. A bill to deauthorize the project for navigation, Carvers Harbor, Vinalhaven, Maine; to the Committee on Environment and Public Works.
DEAUTHORIZATION AND REALIGNMENT OF CARVERS HARBOR
Ms. SNOWE. Mr. President, I rise today to introduce two bills that call for the deauthorization and realignment of harbor boundaries in Searsport, Maine and for Carvers Harbor on Vinalhaven Island, Maine. Passage of these bills will allow the U.S. Army Corps of Engineers to issue permits to the Maine Department of Transportation for projects that are vital to the economic well being of the town of Searsport and the island of Vinalhaven.
The first bill addresses the deauthorization and realignment of the navigation channel in Searsport Harbor so that the existing cargo pier can be replaced. The bill will allow a multimillion dollar improvement to be made to the Mack Point cargo port at the earliest possible date. In addition, a second cargo pier will be rehabilitated. The work will include new dolphin structures, which will encroach upon the existing Federal channel. The navigation project was authorized by the River and Harbor Act of October 23, 1962.
The second bill deauthorize and realigns Carvers Harbor in Vinalhaven so as to allow the construction of a new ferry terminal to replace the existing pier facility that is located within the established Army Corps of Engineers anchorage. The deauthorization will allow the ferry terminal project to remain on schedule and occur at the earliest possible date. The year round population of the island is comprised primarily of lobster fishermen and the businesses that support that industry. This navigation project was authorized by the River and Harbor Act of June 3, 1896.
Along with my support, both projects have the blessing of the respective towns and the U.S. Army Corps of Engineers. I am also working with Senator CHAFEE in the hopes of having these two harbor deauthorizations included in the Managers amendment for the Water Resources Development Act, which has already passed out of the Environment and Public Works Committee and is expected to be taken up by the full Senate shortly.
I urge the support of my colleagues for these two deauthorizations and I thank the Chair.
By Mr. McCAIN:
S. 831. A bill to authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon or other national parks to secure bonds for capital improvements to the park, and for other purposes; to the Committee on Energy and Natural Resources.
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