Mary Bono Mack

Mrs. BONO

Mrs. BONO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, on November 10, 1999, the House passed H.R. 2442 by voice vote. The gentleman from Illinois (Mr. Hyde), the chairman of the Committee on the Judiciary, stated then that few people know that during World War II approximately 600,000 Italian Americans in the United States were deprived of their civil liberties by government measures that branded them ``enemy aliens.'' In fact, on December 7, 1941, hours after the Japanese attack on Pearl Harbor, the FBI took into custody hundreds of Italian-American resident aliens previously classified as dangerous and shipped them to camps where they were imprisoned until Italy surrendered in 1943. As so-called enemy aliens, Italian-American resident aliens were required to carry special identification booklets at all times, and they were forced to turn into the government such items as shortwave radios, cameras, and flashlights. Those suspected of retaining these items had their homes raided by FBI agents. In California, about 52,000 Italian-American resident aliens were subjected to a curfew that confined them to their homes between 8 p.m. and 6 a.m. and a travel restriction that prohibited them from traveling further than 5 miles from their homes. These measures made it difficult, if not impossible, for some Italian Americans to travel to their jobs, and thousands were arrested for violations of these and other restrictions. Then, on February 24, 1942, 10,000 Italian-American resident aliens living in California were ordered by the Federal Government to evacuate coastal and military zones. Most of those had to abandon their homes, some of whom were taken away in wheelchairs and on stretchers. Later in the fall of 1942, about 25 Italian-American citizens were ordered to evacuate these areas. Mr. Speaker, H.R. 2442, the ``Wartime Violation of Italian American Civil Liberties Act,'' requires the Department of Justice to conduct a comprehensive review of the Federal Government's treatment of Italian Americans during World War II and to submit to the Congress a report that documents the findings of that review. In addition, H.R. 2442 encourages Federal agencies, including the Department of Education and the National Endowment for the Humanities, to support, among other things, conferences, seminars, and lectures to heighten awareness of the injustices committed against Italian Americans. The Senate amendments are mostly technical in nature. The bill, as amended by the Senate, would leave it to the Attorney General as opposed to the Inspector General of the Justice Department to conduct a comprehensive review of the government's treatment of Italian Americans during World War II. The House version of the bill directs the President to acknowledge that these events occurred, whereas the Senate version provides that it is the sense of Congress that the President should fully acknowledge them. Mr. Speaker, I support H.R. 2442 as amended by the Senate and urge members to vote in favor of H.R. 2442. Mr. Speaker, I reserve the balance of my time.

Mrs. BONO. Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Boehlert). (Mr. BOEHLERT asked and was given permission to revise and extend his remarks.)

Mrs. BONO. Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2442) to provide for the preparation of a Government report detailing injustices suffered by Italian Americans during World War II, and a formal acknowledgment of such injustices by the President.

Mrs. BONO. Mr. Speaker, I ask unanimous consent that all members may have 5 legislative days within which to revise and extend their remarks on the bill under consideration.

Mrs. BONO. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3312) to clarify the Administrative Dispute Resolution Act of 1996 to authorize the Merit Systems Protection Board to establish under such Act a 3-year pilot program that will provide a voluntary early intervention alternative dispute resolution process to assist Federal agencies and employees in resolving certain personnel actions and disputes in administrative programs, as amended.

Mrs. BONO. Mr. Speaker, I yield back the balance of my time.

Mrs. BONO. Mr. Speaker, I ask unanimous consent that all members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mrs. BONO. Mr. Speaker, I yield myself such time as I may consume. The Committee on the Judiciary has reported H.R. 3312, a bill to establish a pilot, 3-year, early intervention alternative dispute resolution program at the Merit Systems Protection Board. Support for ADR enjoys a rare consensus among those knowledgeable with formal litigation and administrative dispute processes. Resulting savings redound to the benefit of those involved and are, more broadly, to the taxpayers at large. The MSPB is an independent adjudicatory body that hears appeals from Federal agency personnel disputes. MSPB judges hear a broad range of complex personnel cases that affect thousands of Federal employees and the agencies for which they work. Over the last decade, MSPB judges have seen their jurisdictions steadily increase without a corresponding increase in resources. Last year, the board handled nearly 8,000 cases with a staff of only 71 administrative judges. H.R. 3312, as amended, would help reduce this caseload by encouraging Federal agencies and employees to explore alternatives to costly litigation before the board. Until 1990, MSPB judges received compensation equivalent to that provided Immigration, Social Security and Administrative Law judges. Since 1990, however, the wage disparity between MSPB judges and other administrative judges has detrimentally affected the board's ability to attract and retain top judges. Over the last 4 years alone, the board has lost nearly 20 percent of its judges to other adjudicatory agencies. The conference report to the 1999 Omnibus Appropriations Act recognized the need to accord pay equity to MSPB, Immigration and Administrative Law judges. Last year, H.R. 2946 was introduced to address this inequality. Like H.R. 2946, H.R. 3312, as amended, restores a measure of fairness to MSPB judge compensation vis-a-vis Immigration, Social Security and Administrative Law judges. H.R. 3312, as amended, is notable for the spirit of bipartisan cooperation that has surrounded its consideration. It enjoys the support of the Merit Systems Protection Board, Department of Justice, Federal Mediation and Conciliation Service, and Federal employees. The Committee on the Judiciary and Subcommittee on Commercial and Administrative Law, which is chaired by the gentleman from Pennsylvania (Mr. Gekas), unanimously reported the bill. Finally, the distinguished chairman of the Committee on Government Reform, the gentleman from Indiana (Mr. Burton), to whose committee H.R. 3312 was referred, has waived jurisdiction and indicated there is no objection to either H.R. 3312 or the provisions of H.R. 2946, also referred to the Committee on Government Reform. Mr. Speaker, I enclose for the Record the letters of exchange concerning committee jurisdiction between the gentleman from Indiana (Mr. Burton) and the gentleman from Illinois (Mr. Hyde). Passage of H.R. 3312, as amended, will help combat debilitating MSPB attrition rates and further reduce costs to taxpayers by ensuring the retention of an experienced cadre of board judges to effectively implement the pilot program. Support for H.R. 3312, as amended, is broad and its advantages are clear. I urge support for this bill. House of Representatives, Committee on the Judiciary, Washington, DC, October 3, 2000. Hon. Dan Burton, Chairman, Committee on Government Reform, Washington, DC. Dear Mr. Chairman: The Committee on the Judiciary favorably reported H.R. 3312 on September 20, 2000 and has requested to have it considered under suspension of the rules before the end of the session. The bill authorizes the Merit Systems Protection Board (MSPB) to conduct an alternative dispute resolution pilot program. Legislation (H.R. 2946) was earlier introduced by Mr. Gekas, Chairman of the Subcommittee on Commercial and Administrative Law, to establish such a program, but his measure contained additional language establishing an administrative judge pay schedule for administrative judges employed by the MSPB. Because this additional language contains a matter within the Rule X jurisdiction of your committee, the bill was referred to the Committee on Government Reform. As we understand it, there is no objection by your committee to the matter proposed by that language, but action on it cannot be expected because of the lateness of the session. Recognizing your Rule X jurisdiction over the matter, we would therefore request that you waive that jurisdiction so that the matter can be considered by the House together with H.R. 3312. Sincerely, Henry J. Hyde, Chairman.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 893) to amend title 46, United States Code, to provide equitable treatment with respect to State and local income taxes for certain individuals who perform duties on vessels.

Mrs. BONO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the right of States to tax economic activities within their borders is a key feature of federalism rooted in the Constitution and long recognized by Congress. State taxing power is not absolute, however, and Congress and the courts protect residents from State taxes that discriminate against nonresidents and unduly burden interstate commerce. Interstate transportation workers derive their income in multiple States in the course of regularly assigned duties. Through a patchwork of legislation spanning nearly three decades, Congress has exempted interstate rail, motor, and air carriers from having to pay income taxes in more than one State by making the income of these workers taxable only in the worker's State of residence. While these workers have escaped the onerous burden of multiple taxation, Congress has failed to provide similar relief to interstate water workers. Under current law, interstate water workers may be taxed in both their State of residence and in any State in which they derive 50 percent or more of their income. This taxing requirement has had an acute impact on waterway workers who reside in Washington but work along the Columbia River in the Pacific Northwest. Recently, Oregon taxing authorities have presented these workers with staggering tax bills for income they claim was derived in Oregon while working on the Columbia River, which separates Washington from Oregon. In response to this problem, the gentleman from Washington (Mr. Baird) introduced legislation that would exempt interstate waterway workers from multiple State income taxation. The Committee on the Judiciary reported H.R. 1293, legislation nearly identical to S. 893. In order to facilitate prompt consideration of the measure, we are considering S. 893, which was introduced by the distinguished Senator from Washington, Mr. Gorton. Equalizing the taxing status of interstate water workers enjoys bipartisan support in both Houses of Congress. I urge the support of this bill. Mr. Speaker, I reserve the balance of my time.

Mrs. BONO. Mr. Speaker, I yield back the balance of my time.

Mrs. BONO

Mrs. BONO. Madam Speaker, I join my colleagues, Representatives Ken Calvert, Jerry Lewis, Duncan Hunter, Grace Napolitano, Ron Packard, Garry Miller, and Joe Baca in support of H.R. 4187, which provides funding and other assistance for the creation of the Western Archeology and Paleontology Center in southern California's Riverside County, in close proximity to the Diamond Valley Lake Reservoir. This facility will serve as both an interpretive center and museum to ensure the protection and preservation of the many prehistoric archaeological and paleontological findings uncovering during the lake's construction. These discoveries included rock paintings and carvings, bone and stone tools, pottery, a partial mammoth skeleton, mastodon tusks, and much more. A system of trails will be designed around the perimeter of the lake for use by pedestrians and non- motorized vehicles. From the initial stages of discussion, this center has benefited from the guidance provided by the University of California at Riverside and a consortium of local individuals and organizations. The House report language directs the Secretary of the Interior to work with the University, the Metropolitan Water District (MWD), and local stakeholders in establishing and operating the center. The State of California has already contributed $6 million dollars to the establishment of the Western Center, and more than $10 million dollars has been included in this year's state budget for the construction and maintenance of the center. Diamond Valley Lade is the largest man-made lake in southern California. It was constructed at a cost of $2.1 billion dollars, over a period of ten years. This project, located near the communities of Hemet, San Jacinto and Temecula in California's 44th congressional district, will provide an essential emergency water supply for the residents of the Los Angeles basin and the surrounding communities. While Diamond Valley Lake will fulfill a critical water need for southern California, the unexpected benefit of this project was the discovery of a significant scientific treasure trove--the largest repository of prehistoric fossils in southern California. The establishment of a center and museum that will preserve these unique resources for future generations will benefit not only the people of California, but, the entire nation. Mr. Speaker, I want to also extend my appreciation to Chairman Young and Hansen for their efforts on behalf of this bill, and urge my colleagues to pass this important legislation.

Mrs. BONO

Mrs. BONO. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Mrs. BONO. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of my legislation that will correct unfair auto dealer franchise agreements that are purposefully written in favor of the manufacturer. With over 250 cosponsors, this Congress has realized that America's community auto dealers are in a unique position in franchise law and that relief is needed. In 1925, Secretary of Commerce Herbert Hoover said of the Federal Arbitration Act that was recently passed by Congress, ``If the bill proves to have some defects, and we know most legislative measures do, it might well, by reason of the emergency, be passed and amended later in the light of further experience.'' It is the result of ``further experience'' that brings us to amend the Federal Arbitration Act today. Current business practice is that both the auto dealer and the manufacturer go through a process of mandatory binding arbitration in the case of a legal dispute. Unlike other forms of legal resolution, the auto dealer arbitration process has no jury, no rules of evidence or appeals process. H.R. 534, however, would simply make this mandatory binding arbitration in motor vehicle franchise contracts voluntary. It is our turn to amend the Federal Arbitration Act and return some of the power back to the States. In my home State of California, there are numerous State laws that cover motor vehicle franchise contracts and sufficient State forums to hear the legal disputes that may arise from these agreements. However, California's efforts to preserve the right of its auto franchisees to obtain a fair hearing for claims brought under the California franchise investment law have been preempted by Federal law. Because State laws to provide auto dealer protections are currently prohibited, it is now appropriate to revisit this issue. Madam Speaker, many vehicle manufacturers already have inserted mandatory binding arbitration clauses in their standard dealer agreements. With broad power to unilaterally amend their dealer agreements without dealer input at any point, every manufacturer could force mandatory binding arbitration on its dealers tomorrow. Madam Speaker, I would like to thank the gentleman from Illinois (Mr. Hyde) for his leadership and the gentleman from Massachusetts (Mr. Delahunt) for his dedication to see this legislation passed into law. It has been with his hard work and bipartisan spirit that this bill has made it to the floor of the House today. I would also like to take this opportunity to thank the gentleman from Pennsylvania (Mr. Gekas), the subcommittee chairman, for his effort and leadership on this issue. The gentleman from Pennsylvania has been a true leader in the Subcommittee on Commercial and Administrative Law since I have been a Member, and I have appreciated his counsel and friendship in my 2 years on this committee. I would like to thank Jim Hall on my staff and Chris Katopis and Ray Smietanka on the Judiciary staff as well. Madam Speaker, I reserve the balance of my time.

Mrs. BONO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 534) to amend chapter 1 of title 9 of the United States Code to permit each party to certain contracts to accept or reject arbitration as a means of settling disputes under the contracts, as amended.

Mrs. BONO. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I rise today in support of H.R. 1248, which reauthorizes the Violence Against Women Act. In California's's 44th Congressional District, organizations like Shelter From the Storm are making tremendous strides in addressing the emotional and physical pain which comes from domestic violence. During my many visits to the shelter, I have witnessed the love and dedication of those who work and volunteer there. In speaking with the many women who have sought out the shelter as a last refuge, I have seen the fear in their eyes and heard of the hope in their hearts. For the women and children who find themselves in the traumatic situation of having to escape abuse, often having to leave all they love and know behind, Shelter From the Storm stands ready to help. Mr. Speaker, we owe it to this shelter and others around this country to help them in this effort; to help these victims find a new and much better life. By supporting the Violence Against Women Act, we can make a modest contribution towards addressing this dire concern.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I thank the chairman for yielding me the time. Mr. Speaker, it is my pleasure to stand before my colleagues today to speak in favor of H.R. 5107, the Work Made for Hire and Copyright Corrections Act of 2000. I am pleased that H.R. 5107 is being considered on the floor today, and I support this legislation. This bill not only levels the playing field for both artists and the recording industry, but it also reverses the 1999 amendment to the Copyright Act that would have taken advantage of young artists who are not emotionally or financially prepared to sign their recording lives away. As a member of the House Committee on the Judiciary, which considered this legislation, I am pleased that both sides of this debate were willing to sit down and draft a proposal that ensures that both the authors and the recording industry both benefit from such a well- conceived compromise. I would like to thank the House Subcommittee on Courts and Intellectual Property chairman, the gentleman from North Carolina (Mr. Coble), and the gentleman from California (Mr. Berman) for their hard work, persistence, and wisdom in pursuing a mutual understanding that reflects the thoughts and desires of both sides on this issue.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I rise today in support of H.R. 4643, the Torres-Martinez Desert Cahuilla Indian Claim Settlement Act. Mr. Speaker, this legislation will bring an end to an injustice suffered by this tribe nearly a century ago. And for nearly a quarter of a century, the tribe has been working with the Federal Government and local water districts to reach a settlement that is fair and equitable for all parties. Finally, we have the opportunity to right this injustice and resolve this long-standing issue. The Torres-Martinez tribe has been without the use of over 11,000 acres of their reservation lands, due to an accident of the Federal Government nearly a century ago. This accident was compounded by the more recent actions of local water districts and agricultural interests in the southeastern section of California. Between 1905 and 1907, flood waters of the Colorado River breached an Army Corps of Engineers retaining dike and spilled into the Salton Sink. The result of this accident was the creation of the Salton Sea and the loss of the Torres-Martinez reservation lands. These lands remained inundated due in part of the flowage of natural runoff and drainage water from the irrigation systems of the Imperial, Coachella and Mexicali Valleys into the Salton Sea. This issue has been before the Ninth Circuit Court of Appeals for two decades. After years spent in the judicial system, the Court and the tribe have turned to Congress and the administration to reach a settlement agreement that provides an equitable resolution that all agree is long overdue. Everyone may recall that my late husband, the Honorable Sonny Bono, also tried to bring a resolution to this issue in 1996. This body approved his bill. However, due to time constraints and disputes with entities that were not party to the settlement agreement itself, the bill never cleared the Senate and never made it to the President's desk, despite the administration's keen interest in having the bill signed into law. Now, 95 years after the Torres-Martinez suffered their loss of lands, the time has come to finally remedy this situation. This Congress has one more chance to attempt to help this impoverished tribe; and it is my sincere hope that we will seize this opportunity and right this wrong once and for all. Mr. Speaker, the Torres-Martinez people have worked tirelessly to accommodate the requests of the local cities, the County of Riverside and other local tribes. They have proven to be good neighbors by incorporating many suggestions and changes into the settlement agreement and this legislation. Some would argue that they have been too accommodating. As a result of numerous public forums and face-to- face meetings, this legislation reflects a consensus of the entire community. That is why the bill is supported by a wide variety of entities including the City of Coachella, within whose jurisdictional boundaries the Torres- Martinez may acquire land, consistent with existing law and the provisions contained in both the settlement agreement and this act. The tribe also enjoys the full support of Riverside County, the only other governmental entity within whose jurisdiction this tribe may acquire land as part of this settlement. Mr. Speaker, what speaks volumes is the level of support of this agreement coming from the other sovereign Indian nations. I have received letters from virtually every tribe in the region which applaud the merits of this legislation and endorse the passage of this bill. Some tribes have even gone so far as to actively support this bill in the halls of Congress. They strongly believe that the Torres-Martinez are entitled to this just remedy and find it difficult to believe that this case has still not been resolved. The Torres-Martinez people have also received strong bipartisan support in Congress. The gentleman from Alaska (Mr. Young) has been a staunch ally and supporter of this bill. The chairman has lent his energy and enthusiasm to this cause, and I am most grateful for the leadership and help he has provided to both the tribe and me during this process. In addition, I want to recognize the original cosponsor of this legislation, the ranking member of the House Committee on Resources, the gentleman from California (Mr. George Miller). It is largely due to his efforts on behalf of this tribe that this bill has finally made its way to the floor today. It is also fitting to thank the Departments of Interior and Justice for their good work on this issue. The administration has cooperated with the tribe, the local water districts and the body in crafting an equitable solution. Also thanks to the boards and staff at the Coachella Valley Water District and the Imperial Irrigation District for their continued efforts. I must also thank the other Members of this body, especially the gentleman from Michigan (Mr. Kildee), who has been kind enough to lend their support to the Torres-Martinez. I commend them for standing up for what is right and justice. Finally, to the staff and attorneys who have worked with this issue for countless hours, I thank them. Now, Mr. Speaker, I humbly ask on behalf of the Torres-Martinez tribe that this body approve the legislation and give the people of this tribe the justice that they have sought for the past 95 years.

Mrs. BONO

Mrs. BONO. Mr. Speaker, in many ways, California's 44th District represents the Golden State as a whole. Rich in its geographic, environmental and cultural diversity, this area within what is now known as the ``Inland Empire,'' has a vibrant past and promising future. The district contains towering alpine peaks and forests, arid expanses of unforgiving desert, rich agricultural fields--even beaches at the great inland Salton Sea and on the banks of the mighty Colorado River. Today, this region has fulfilled the vision of early settlers and exceeded expectations of even the most optimistic boosters. The 44th District was first home to the southern California's indigenous desert tribal people--the Cahuilla Indians. From the high mountain peaks of Mt. San Jacinto to the depths of the Salton Sink, these tribal bands lived in harmony with a sometimes harsh but amazingly rich environment. The Cahuilla culture is still a respected part of the current desert community, and their magnificent Indian Canyons stand as a testament to their sound stewardship of these native lands. The Cahuilla people welcomed the Spanish explorers who were the first westerners to travel deep into the southern deserts, sharing the trails and watering holes that meant the difference between life and death in the forbidding expanse. Later, settlers from first Mexico and later the United States traveled to the region--most establishing rancheros and farms as the earliest economic enterprises. These hardy souls fought against unimaginable hardships to carve out a living in this arid and sometimes hostile environment. But, they persisted, and some thrived. When California was granted statehood in 1850, the residents became U.S. citizens. By the late 1800's the railroads had become part of the landscape, transporting new arrivals to the coastal regions of southern California. Some never got that far, instead making their home in what is now Riverside County. From the beginning, the Cahuilla people had recognized the restorative powers and healing benefits of the agua caliente or ``hot waters'' of the desert springs. Soon, residents and visitors made the pilgrimage to Palm Springs to soak in the hot springs and find comfort in the dry desert climate. Enterprising farmers in the Coachella Valley began raising dates, grapes and other crops that could withstand the dry conditions and often searing desert heat. During the same period, the Hemet and San Jacinto Valley attracted farmers and ranchers to its rich and productive lands. Cattle ranches, citrus groves, and a variety of different types of produce thrived in this fertile valley. But, as in all of southern California, the need for a steady supply of water limited the agricultural growth of the entire region. Today, most Americans would have a difficult time imagining the southern California of our not so distant past. The miracle that changed the landscape was the introduction of a reliable source of water for irrigation and development. Shortly after the turn of the century, that need resulted in the creation of the Salton Sea when the Colorado River breached the holding dikes that had been constructed to route fresh water for irrigation to the eastern Coachella Valley. With the creation of the Sea and the establishment of efficient irrigation systems the unthinkable happened. A once hostile desert became a rich agricultural center. And with the new political clout enjoyed by the southern California water districts and departments, eastern Riverside County found a dependable source of water for its residents and agricultural concerns. As the population grew in southern California, so did the reputation of the Hemet/San Jacinto and Coachella Valleys. Hemet became a favored destination for those seeking space, fresh air and community. The area around Palm Springs became a favorite vacation spot for luminaries as varied as Albert Einstein and Errol Flynn. Hollywood discovered the desert resort region and flocked to Palm Springs for sun, tennis, bathing, and later, golf. The region thrived and the population grew fast. By the middle of the last century, Palm Springs had become world renowned as a vacation haven. Following WWII, the growth in southern California continued at an unprecedented pace. The Inland Empire had not yet received its status as one of the fastest growing regions in the country, but, it was enjoying steady and significant population increases. Improved water delivery systems and infrastructure enabled the eastern Riverside County region to handle the rapid expansion. From a few sleepy desert towns, the Coachella Valley transformed itself into nine separate municipalities with nearly a quarter million residents--seemingly overnight. The communities of Hemet and San Jacinto, along with many smaller cities in the valley and pass region between the city of Riverside and the southern deserts also grew. However, these communities had been established earlier as residential centers and their growth was not as dramatic. The city of Temecula and the surrounding countryside became a rich wine producing center, with several local wineries achieving international prominence. As California celebrates its sesquicentennial, the Inland Empire and the 44th district have achieved an important place in the history and future of the Golden State. The growth continues, the economic expansion is strong, and the diversity of the people and the environment prevail. The history of this great state is made rich through the contributions of individuals too numerous to list here, but to the people who chose to make southeastern California home their stories and names are familiar. As the inscription on the Capitol Building in Sacramento, California, reads: Give me men to match my mountains; the people who built the communities of the 44th Congressional District reflect that greatness and grand vision. Today, as we honor the great state of California on the occasion of her 150th anniversary, we honor also the memory of all those who contributed to her story. I want to extend special recognition to the people of California's 44th district, past and present, who made their personal commitment to the Golden State.

Mrs. BONO

Mrs. BONO. Mr. Speaker, H.R. 3657 would provide for the conveyance at fair market value of a small tract of Forest Service land in the San Bernardino National Forest to a locally-owned radio station that serves mountain communities in my district. I would like to thank Chairman Young and Chairman Chenoweth-Hage for their assistance in bringing this bill to the floor. In 1988, Cliff and Katy Gill began a search for an antenna site that would allow them to obtain an FCC construction permit for a radio station to serve Idyllwild, California, a community of about 3000 residents located at 5200 feet elevation in the San Jacinto Mountains. The community is nestled in mountainous terrain and surrounded by the San Bernardino National Forest and other State and local park land. The Gills discovered that the rugged terrain sharply limited the sites that could host an antenna capable of reaching the residents of Idyllwild, the neighboring mountain communities, and the highway that connects them to the valley below. Wanting to start up their station, the Gills ultimately went on the air in December 1989 from a temporary antenna on a time-share private campground. Mr. Gill named this new radio station, KATY-FM, for his wife Katy. However, because the original site for the antenna drastically limited KATY's coverage, the Gills kept looking. The Gills first searched for sites on private land. But with the private land constituting only a small island--only a few hundred acres--within the sea of public land, it soon became apparent that the only workable sites would be found on public land. Six years later, they thought they had found the perfect site. GTE had operated a small wooden communications tower in the San Bernardino National Forest for 30 years under a Forest Service special use permit. GTE offered to sublease to KATY space on their tower and in their small equipment shed. In 1995, after seven years of searching for an antenna site, the Gills moved onto the GTE tower and gained the coverage they had long sought for their station. Unfortunately, they were soon informed by the District Ranger that they must strip their antenna from the GTE tower and vacate the site. Petitions signed by almost half the residents of Idyllwild, its Chamber of Commerce, and others did not budge the agency. The Forest Service maintained that subleasing of tower space could only occur on sites that had been formally designated as communications sites in the forest plans and that this site had not received such a designation in the San Bernardino plan. The agency argued that, even though it had allowed this site to be used as a communications site for three decades and was continuing to permit such use by GTE, KATY was in trespass and GTE had violated its special use authorization. The Forest Service continued to insist that KATY leave even as the station was proving how critically important it is to the communities it serves. Because of their location in rugged country, Idyllwild and neighboring mountain communities are vulnerable to extreme weather and other adverse natural events. In recognition of this and in its effort to provide the best possible public service, KATY signed an agreement with the local 10-watt emergency broadcast station, WNKI, which has very limited coverage, to broadcast WNKI's emergency bulletins. Shortly thereafter, the Federal Communications Commission and the California State Office of Emergency Services selected KATY as the Local Primary Station to broadcast information in the event of disaster. KATY's dedication to providing emergency service paid off for the mountain communities in 1996 when the Bee Canyon fire raged through 9000 acres in their vicinity. KATY broadcast the mandatory evacuation orders and the announcement that it was safe to return home. In all, KATY aired nearly 200 announcements that were closely monitored not only by the residents but also by the firefighters and other emergency service personnel. Again, in 1998 KATY broadcast the mandatory order to evacuate the community of Juniper Flats also threatened by fire during severe thunderstorms. My late husband took up the cause of KATY. In August 1996, he and Chairman Young wrote a letter to the Secretary of Agriculture requesting his assistance in permitting KATY to retain its antenna site. This was followed by letters from the chairman and ranking minority member of the Senate Energy and Natural Resources Committee and the chairman of the Interior subcommittee of the Senate Appropriations Committee. Finally, a House-Senate conference committee added to the Omnibus Parks and Public Lands Management Act of 1996 a provision requiring the Secretary of Agriculture to consider whether maintaining the KATY antenna site was in the public interest and to report his conclusions to Congress. That report was never delivered to Congress. A draft of the report would have offered a new site for KATY's antenna on a neighboring mountain in the San Bernardino National Forest. When the Forest Service learned from KATY that placing the antenna on that site would be prohibited by three FCC regulations, the agency approached Cliff and Katy Gill and asked if they would entertain purchasing the antenna site. I am happy to say that H.R. 3657 is the product of subsequent amicable negotiations between the Gills and the agency. I want to assure my colleagues that this purchase will have no discernible impact on the National Forest or the environment. The tract to be purchased is only approximately 1.06 acres in size. It is on the very edge of the National Forest, directly adjacent to a residential development. The station has purchased the neighboring residential lot to assure access to the antenna site. The tower and equipment shed are shielded by tall evergreen trees and large rocks and are not visible above Inspiration Point where the site is located. The bill would require that KATY pay fair market value for the tract and an additional sum of $16,600 to settle any claims the government might have for the unauthorized occupation of national forest land. That sum represents the rent that the Gills should have paid to the Forest Service for use of the site. Although the Gills paid more than twice that amount in rent to GTE under the sublease, they believe this is a fair resolution. I appreciate the efforts of the Forest Service to design a good solution to a difficult problem. Cliff Gill passed away last year before he saw enactment of this bill and fulfillment of his dream. We can ensure that his widow, Katy, will be able to continue KATY's service to the community by enacting H.R. 3657. I urge passage of this bill.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I rise today in support of my legislation, H.R. 3676, the Santa Rosa and San Jacinto Mountains National Monument Act. Congress has an opportunity to enact legislation which was originated by the constituents of California's 44th Congressional District. When these residents came to see me and suggested that I introduce legislation to designate our local mountains a National Monument, I decided it was an idea worth pursuing. For years, my family has enjoyed these scenic wonders and recreational opportunities that are abundant in this remarkable range. I have often hiked the canyons and hills above our home in Palm Springs, sharing with my children, Chianna and Chesare, the beauty of an ecosystem that continues to thrive despite its close proximity to a highly urbanized community. I have developed a profound respect for the people who, over the past century, have served as stewards of these lands. They have done a remarkable job in balancing the preservation of these mountains with the inevitable development that has occurred in Southern California. It is appropriate that we also recall the original caretakers of this land, the Cahuilla people. For centuries, the Agua Caliente Band of Cahuilla Indians made the canyons and hills above Palm Springs their home. And the Cahuilla people roamed throughout the desert and mountains of this entire region living in harmony with this unique environment. Their culture and heritage is an integral part of the history of this region. And even today, the Indian Canyons near Palm Springs offer a welcome respite from the hectic pace of the urban areas of the Coachella Valley. One of the tangible benefits that will be derived from this Monument designation is the preservation of tribal lands and historic artifacts. The Agua Caliente Tribe has been a partner in this process from the start, and I want to thank the Tribal Council and all the Cahuilla people for their support of this legislation. In crafting this bill, I was confronted with a challenge to balance traditional uses and private property rights that the people of the region enjoy with the need to preserve these mountain vistas. The intention of H.R. 3676 is not to diminish the decisionmaking authority of Local Government (City, County, Water District, School District, etc.,) over land use decisions on private property located next to or inside the boundary of the proposed Santa Rosa and San Jacinto National Monument. The bill provides that ``nothing in the legislation shall be construed as affecting any private property rights within the boundaries of the National Monument''. Therefore, if a local City or County has a General Plan designation on property within the Monument boundary, for urban land uses such as hotel, resort, golf course or residential uses, then the legislative intent of Local Government shall not be changed, modified or impeded solely by this Federal Law. H.R. 3676 has eliminated the concept of buffer zones or protective perimeters around the boundary of the proposed National Monument. This elimination of buffer zones is designed to protect private lands located both on the outside and inside of Monument boundaries. The intent is to protect private land nearby and within the boundary from any form of Federal Monument regulation by this Congress or the Federal Administration. The right to use private land by private land owners is paramount in H.R. 3676. This bill's intent would not allow any federal administrative agency the existence of this proposed Monument to exact mitigation, money or other land use restrictions on private lands, directly or indirectly. The regulation of land use and authority over private lands inside or near to the Monument boundaries is solely vested in Local Government and is totally outside the purview of this bill. In addition, I would like to emphasize that no existing Federal law or Federal Agency governing air quality, water quality or any other regulated resource shall seek to regulate or affect local land use control over private land near to or inside the Monument with any reference to a negative impact on this proposed National Monument by virtue of impacts on the above mentioned regulated resources. So, we returned to the fundamental concept of how our system of government should work. I went directly to the people of the 44th district and sought their participation and input on how best to draft legislation that would reflect their commitment to both environmental preservation and private property rights protection. The result of their efforts is contained in the bill before you today. Mr. Speaker, the best way our constituents can be heard on matters such as these is if Congress, not the Administration, takes this action. With all due respect to those who serve in Washington, the people who live in this area know better than any federal worker how to resolve these issues. Therefore, it was encouraging that early on, the Secretary of the Interior took a personal interest in this effort and publicly supported the Congressional process as the preferred vehicle for this designation. I thank the Secretary and Bureau of Land Management offices out of Washington, Sacramento and Palm Springs for working with me on this issue. With this bill, we are able to protect private property rights with strong buffer zone language, willing seller provisions and clearly worded access language. And we are able to further protect these mountains by prohibiting future withdrawals, curbing motorized vehicle use and controlling cattle grazing. I have said many times that I would not go forth with a bill which does not protect the rights of those individuals who live within the proposed boundary lines and those who live right at the foot of the mountains. This bill strikes an appropriate balance by protecting the rights of affected constituents as well as these unique mountains. I wish to thank Chairman Hansen and his able staff, Allen Freemyer and Tod Hull, for assisting me in this process so that I could achieve this balance. In addition, I would like to thank the Coachella Valley Mountains Conservancy under the direction of Bill Havert, the Desert Chapter of the Building Industry Association and its Executive Director Ed Kibbey and the local branch of the Sierra Club and its head, Joan Taylor. Too often, environmentalists and private property rights advocates are at odds with one another. In my heart, I believe that we can work to achieve the goals of each group for the betterment of all. It may be the more difficult course to chose, but one well worth taking. So, I would also like to thank my many colleagues, my Legislative Director, Linda Valter and the rest of my staff who have helped me along this way. Mr. Speaker, as a child, my parents drove our family all over this wonderful country, visiting National Parks and awe inspiring lands throughout the West. Now, my constituents have given me the opportunity to do something that will allow future families the same privilege. I hope you will all join me to achieve this worthy goal.

Mrs. BONO

Mrs. BONO. Mr. Speaker, I thank the gentleman for yielding me the time. Mr. Speaker, I rise today in support of my legislation, H.R. 3676, the Santa Rosa and San Jacinto Mountains National Monument Act. Congress has an opportunity to enact legislation which was originated by the constituents of California's 44th Congressional District. When these residents came to me and suggested that I introduce legislation to designate our local mountains a National Monument, I decided it was an idea well worth pursuing. For years my family has enjoyed these scenic wonders and recreational opportunities that are abundant in this remarkable range. I have often hiked the hills and the canyons above our home in Palm Springs, sharing with my children, Chianna and Chesare, the beauty of an ecosystem that continues to thrive despite its close proximity to a highly urbanized community. I have developed a profound respect for the people who over the past century have served as stewards of these lands. They have done a remarkable job in balancing the preservation of these mountains with the inevitable development that has occurred in Southern California. It is appropriate that we also recall the original caretakers of this land, the Cahuilla people. For centuries, the Agua Caliente Band of Cahuilla Indians made the canyons and hills above Palm Springs their home. And the Cahuilla people roamed throughout the desert and mountains of this entire region living in harmony with the unique environment. Their culture and heritage is an integral part of this region. And even today, the Indian canyons near Palm Strings offer a welcome respite from the hectic pace of the urban areas of the Coachella Valley. One of the tangible benefits that will be derived from this Monument designation is the preservation of tribal land and historic artifacts. The Agua Caliente Tribe has been a partner in this process from the start, and I would like to thank the Tribal Council and all the Cahuilla people in support of this legislation. In crafting this bill, I was confronted with a similar challenge, to balance traditional uses and private property rights that the people of the region enjoy with the need to preserve these mountain vistas. So we returned to the fundamental concept of how our system of government should work. I went directly to the people of the 44th district and sought their participation and input on how best to draft legislation that would reflect their commitment to both environmental preservation and private property rights protection. The result of their efforts is contained in the bill before us today. Mr. Speaker, the best way our constituents can be heard on matters such as these is if Congress and not the administration takes this action. With all due respect to those who serve in Washington, the people who live in this area know better than any Federal worker how to resolve these issues. Therefore, it was encouraging that very early on the Secretary of the Interior took a personal interest in this effort and publicly supported the congressional process as the preferred vehicle for this designation. I thank the Secretary and the Bureau of Land Management offices out of Washington, Sacramento, and Palm Springs for working with me on this issue. With this bill, we are able to protect private property rights with strong buffer zone language, willing seller provisions, and clearly worded access language. And we are able to further protect these mountains by prohibiting further withdrawals, curbing motorized vehicle use, and controlling cattle grazing. I have said many times that I would not go forth with a bill which does not protect the rights of those individuals who live within the proposed boundary lines and those who live right at the foot of the mountains. This bill strikes an appropriate balance by protecting the rights of affected constituents as well as these unique mountains. I wish to thank the gentleman from Utah (Chairman Hansen) and his able staff, Allan Freemyer and Tod Hull, for assisting me in this process so that I can achieve this balance. In addition, I would like to thank the Coachella Valley Mountains Conservancy under the direction of Bill Havert, the Desert Chapter of the Building Industry Association and its executive director, Ed Kibbey, and the local branch of the Sierra Club and its head Joan Taylor. Too often environmentalists and private property rights advocates are at odds with each other. In my heart, I believe that we can work to achieve the goals of each group for the betterment of all. It may be the more difficult course to choose, but one well worth taking. So I would like to thank my many colleagues, my legislative director, Linda Valter, and the rest of my staff who have helped me along the way. Mr. Speaker, as a child, my parents drove our family all over this wonderful country visiting national parks and awe-inspiring land throughout the West. Now my constituents have given me the opportunity to do something that will allow future families the same privilege. I hope they will all join me to achieve this worthy goal.

Mrs. BONO

Mrs. BONO. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise in support of women's business and the McGovern, Johnson, Udall, Bono, Sanders, Morella, Millender-McDonald amendment. I want to begin by thanking the gentleman from Kentucky (Chairman Rogers) for the hard work that he has dedicated to the people of the United States and to this legislation on the floor today. As a believer in fiscal responsibility, I understand that the appropriators have done the best that they could with the strict spending limits they have had to work within. Certain priorities were set within the committee. Funding was appropriated so that all of the pieces fit together. Unfortunately, the Small Business Administration's Women's Business Centers and the National Women's Business Council were significantly underfunded. The amendment we are offering today would do the following. First, it would bring the Women's Business Center Program from $8.9 million to the authorized level of $13 million. Secondly, it would provide $1 million as requested for the Small Business Administration's National Women's Business Council, an increase from its current level of $595,000. The offset for this increase comes from the Department of Justice's Telecommunications Carrier Compliance Fund. The lion's share of this $282.5 million account is new funding to reimburse the telecommunications industry for costs associated with modifying their networks as required under the Communications Assistance for Law Enforcement Act, also known as CALEA. The $282.5 million account is significantly above the administration's budgeted request. As I said earlier, I realize that there are very tight fiscal restraints in place. With that being said, it seems to make an enormous amount of sense to redirect to the Women's Business Center and National Women's Business Council approximately $4.5 million, and still give the Department of Justice a considerable amount above their request to pay for additional expenses related to CALEA. Women-owned businesses are growing at twice the rate of all other businesses. In California alone, there are over 1.2 million women-owned businesses accounting for 38 percent of all firms in the State and employing 3.8 million people. However, they are not making comparable progress in respect to government contracts. The National Women's Business Council is a government advisory panel designed to provide counsel to the administration on ways that we can support our women entrepreneurs. By providing advice on ways to promote initiatives to encourage capital and credit access for women-owned businesses, to strengthen training and technical assistance networks, and to increase access to the Federal procurement market, we are helping women work towards economic independence. As we are seeing more and more women-owned enterprises developing across the country, we are also hearing about the difficulties associated with finding capital to strengthen and grow those businesses. The Women's Business Center is the place that women go to find the tools they need to overcome these hurdles. The Women's Business Centers provide education, consulting, and access to capital for our women entrepreneurs. I have heard from businesswomen all over the country how important the program is. Many of the women who are being impacted by these programs are from low-income and disadvantaged backgrounds. To their credit, they are doing exactly what has been preached in the halls of this very Congress. These women are taking responsibility for their lives and finding ways to contribute to their communities. The Women's Business Center and National Women's Business Council are essential in this progress. I urge my colleagues to support this amendment. It is good for women. It is good for our communities. It is certainly good for our economy.