Ben Campbell

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, as a veteran who served in Korea, I have, throughout my congressional career, vigorously sought to ensure that our men and women in uniform who were listed as POW/MIA are not forgotten. I have also worked hard to promote a better understanding and appreciation of these brave men and women's extraordinary service and sacrifice by the American public. Underscoring this commitment, I was proud to have authored a number of important laws, including the POW/MIA Memorial flag Act of 2001, P.L. 107-323; the Bring Them Home Alive Act of 2000, P.L. 106-484; the Persian Gulf War Accountability Act of 2002, P.L. 107-258; and the Vietnam Veterans Recognition Act of 1999, P.L. 106-214. I want to take this opportunity to also commend my deputy chief of staff and legislative director, Larry Vigil, for all of his good work in getting these important initiatives passed on behalf of all Americans. As my colleagues know, the United States has fought in many wars and thousands of Americans who served in those wars were captured by the enemy or listed as missing in action. In the 20th century wars alone, more than 147,000 Americans were captured and became prisoners of war. Of that number, more than 15,000 died while in captivity. When we add to this number, those who are still missing in action, we realize that we cannot do enough to not only remember their service, but to bring them back home alive. Our mission is far from over. Today we continue to look for Capt. Michael Speicher from the 1991 Persian gulf war and PFC Keith ``Matt'' Maupin who went missing in action in Iraq on April 9, 2004. To that end, we must remain fully committed to leave no one behind and push for a full accounting for those who are still missing. We must spare no effort to bring them home. The power of our democracy and the strength of our society comes from acknowledging our interdependence on each other. In our best moments we know full well that the commitment of so many in the military service has made our Nation and our lives fuller and more complete. I commend Danny ``Greasy'' Belcher with Task Force Omega of Kentucky for his tireless efforts in bringing awareness to the POW/MIA issue and organizing national support for many of these successful legislative initiatives. I also thank Artie Muller, president of Rolling Thunder National, for his continued years of work on the POW/MIA issue and the National League of POW/MIA Families, the National Vietnam and Gulf War Veterans Coalition, VietNow and Veterans of the Vietnam War, Inc., and others. As I conclude my tenure in the United States Senate, I challenge my colleagues and those who will follow in my footsteps to continue this valuable and necessary work to support the friends and families of those who are POW/MIA.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am pleased to provide for inclusion in the Congressional Record, the final cost estimate for S. 556, the Indian Health Care Improvement Act Amendments of 2003 prepared by the Congressional Budget Office. This estimate had not been completed in time to be filed with the Senate Report No. 108-411 on S. 556 that was filed on November 17, 2004. S. 556 would reauthorize the Indian Health Care Improvement Act which sets forth the statutory framework for the Indian health system and was first enacted in 1976. The act was reauthorized in 1992. The goal of the 1976 act, as amended, is to raise the health status of Indians to achieve parity with that of other Americans. American Indians and Alaska Natives rank at or near the bottom of nearly every health indicator when compared to the general U.S. population. Health studies indicate disproportionately higher mortality rates of alcoholism, between 670-770%; tuberculosis, 650%; diabetes, between 318-420% accidental injuries, 280%; suicide, 190%; and homicide, 210%, than other populations. With the basic goals of the Act unrealized, the need for reauthorization grows greater. S. 556 would have provided an additional set of improvements to the Indian health care system--most notably, for facility construction, access to care through Medicaid cost-sharing waivers, and long-term planning through the establishment of a bipartisan commission to study the Indian health care system. The reauthorization bill has been a work in progress since the 106th Congress when I introduced a bill to reauthorize the act. I have introduced a bill to reauthorize the act in every subsequent Congress. Over the course of the past three Congresses, the Committee has held eight hearings on the reauthorization with four hearings held in the 108th Congress alone. I was particularly pleased to have Secretary Thompson testify before the Committee on July 21, 2004, regarding the administration's views on the proposed legislation. At this hearing, the Secretary expressed enthusiastic support of the proposed legislation and his desire to see it enacted this year. This show of support was particularly important because we had been anticipating the administration's view for several months and were fast coming to the end of the 108th Congress. At the hearing, Secretary Thompson committed his staff to immediately begin meeting with the bill committee staff to work on the bill. Much effort to advance this legislation had already been put forth by committee staff, tribal leaders and the Indian health community. With department staff working alongside committee staff, we anticipated swift passage of the bill. However, swift passage did not happen and I am disappointed that the reauthorization did not get enacted this year. The committee staff worked diligently along with the administration and Indian tribal leaders until the very end of this Congress to finalize the bill for passage. I believe that, in addition to the changes made prior to July, 2004, the committee was quite responsive to the department's concerns and suggestions in revising the bill. In particular, the provisions for Medicare and health professional shortage areas were not included in the reported bill. The committee modified the establishment of creative funding programs such as the revolving loan funds and opted for studies for this type of funding mechanism instead--at the request of the administration. There was substantial discussions at the eleventh hour regarding provisions governing urban Indians and non-eligible individuals. I believe the Federal responsibility to provide health care applies to individual Indians living in the urban centers, especially when it is remembered that Indians reside in urban areas primarily as a result of the Federal policy of relocation during the first half of the 20th Century. In addition, in the course of negotiations, we were made aware of concerns dealing with the Veteran's Administration drug supply schedules and services to non-eligible individuals. A limited scope of services to certain non-eligibles has been a part of the Indian Health Care Improvement Act for years. Nevertheless, the Department and some tribes have different views of the scope of services. In any event, the matter is being addressed in the courts. Any resolution we could offer would be better served by reviewing the decision of the courts and then thoroughly examining the matter instead of fixing what has not been determined by the courts to be a problem. Likewise, I am concerned with what may be a desire to rollback the gains tribes have made in implementing the Indian Health Care Improvement Act and the Indian Self-Determination and Education Assistance Act. The underlying policies and plain language of the both statutes should not be ignored and the commitment to self-governance needs to be respected when enacting any Indian legislation. I certainly appreciated President Bush's Memorandum to Department Heads on ``The Government-to-Government Relationship with Tribal Governments'' dated September 30, 2004, in which he reiterated his support for the government-to-government relationship and tribal sovereignty. President Bush continued the long-standing policy of self- governance begun in 1970 by President Nixon. The committee has continually upheld those principles and fought for expansions in self-governance, even over the objections of previous Administrations. I believe that retreating from those principles in enacting any Indian statutes would be inconsistent with the President's commitment as well as the will of Congress. What I am particularly disappointed in having to set aside this year is the State Children's Health Insurance Program, SCHIP, improvements that we had worked on for several months. In mid-May, 2004, we were informed that the department lacked information regarding how many Indian children qualified for the program and how many Indian children were actually being served, despite clear statutory language mandating services to Indian children. Yet again, we find the most needy must continue to suffer until there is a serious effort to address these disparities. There were many other Senators and committees which provided substantial assistance in seeking passage of this bill. Without the commitment and support of Majority Leader Bill Frist, we certainly could not have gotten as far as we did. Senator Frist was constructively engaged very early on this bill and continued his support throughout the negotiations with the Administration. Senator Stevens was also very supportive and committed to passage of this bill. His staff worked diligently also with the committee staff until the very end of the session. Likewise, Senator Grassley also committed his staff in assisting the committee staff in developing significant improvements in the Medicaid provisions. I cannot forget the work of Senator Hatch on this matter as well. Senator Hatch was instrumental in developing the Indian provisions in the SCHIP statute and assisted in seeking resolutions for many of the problems we found in SCHIP implementation. I am leaving the Senate knowing that there are many issues left unresolved but I have every confidence that the Committee under the leadership of Senator McCain will continue to protect tribal sovereignty and uphold principles of tribal self-governance. I do look forward to seeing a vigorous discussion on the reauthorization next year and believe that coordinated efforts ensure its passage. I ask that the CBO cost estimate be printed in the Record. S. 556--Indian Health Care Improvement Act Amendments of 2004 Summary: S. 556 would authorize the appropriation of such sums as necessary through 2015 for the Indian Health Care Improvement Act, the primary authorizing legislation for the Indian Health Service (IHS). The bill also contains specific authorizations for loans and loan guarantees for urban Indian organizations and a commission on Indian health care. In addition, the bill also would affect direct spending, primarily through provisions that would make it easier for IHS to enter into capital leases and make changes to the Medicaid program. CBO estimates that implementing S. 556 would cost $2.4 billion in 2005 and $31.8 billion over the 2005-2014 period, assuming appropriation of the necessary amounts. We also estimate that enacting the bill would increase direct spending by $8 million in 2005, by $69 million over the 2005- 2009 period, and by $238 million over the 2005-2014 period. S. 556 would preempt state licensing laws in certain cases, and this preemption would be an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA); however, CBO estimates that the costs of that mandate would be small and would not approach the threshold established in UMRA ($60 million in 2004, adjusted annually for inflation). Other provisions of the bill would establish new or expand existing programs for Indian health care. It also would place new requirements on Medicaid and the State Children's Health Insurance Program (SCHIP) that would result in additional spending of about $35 million over the 2005-2009 period. This bill contains no private-sector mandates as defined in UMRA. Estimated cost to the Federal Government: The estimated budgetary impact of S. 556 is shown in Table 1. The costs of this legislation fall within budget function 550 (health).

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, as a former Sacramento County, CA, sheriff's deputy, I have, throughout my congressional career, zealously sought to ensure the safety and effectiveness of America's Federal, tribal, State and local law enforcement officers. I have also worked hard to promote a better understanding and appreciation of law enforcement's extraordinary service and sacrifice by the American public. Underscoring this commitment, I was proud to have authored a number of important laws, including the National Law Enforcement Museum Act (P.L. 106-492); the Law Enforcement Officers Safety Act of 2003 (P.L. 108-277); the Bulletproof Vest Partnership Act (P.L. 106-517); the Cops in School Act of 1998 (P.L. 105-302) and the resolution passed each year to designate May 15 as National Peace Officers Memorial Day. I want to take this opportunity to also commend my deputy chief of staff and legislative director, Larry Vigil, for all of his good work in getting these important initiatives passed on behalf of law enforcement. As I conclude my tenure in the U.S. Senate, I challenge my colleagues and those who will follow in my footsteps to continue this valuable and necessary work to support those brave individuals who are putting their lives at risk each and every day for our safety and protection. There are currently some 870,000 sworn law enforcement officers serving our Nation. Each year, on average, 167 officers are killed in the line of duty--that is one officer killed somewhere in America every 53 hours. Roughly 58,000 officers are assaulted each year, resulting in about 17,000 injuries. It is the most dangerous profession in our Nation, and also one of the most important. An inscription on the National Law Enforcement Officers Memorial, just a few blocks from here in a place called Judiciary Square, says it best: ``In valor there is hope.'' As long as there are men and women among us who are willing to put their lives on the line for others, there is indeed great hope for this Nation of ours. But, it must be remembered that our officers cannot do their job effectively or safely without the necessary resources. This means the best possible training and equipment, especially bullet-resistant vests for every officer. Studies have clearly shown that these vests save police lives. In fact, nearly 3,000 police lives have been saved by bullet resistant vests since they first started being used some 30 years ago. But, another vital resource that our officers need is the trust and support of the American public they serve. That is why one of my proudest achievements as a legislator and former law enforcement officer was authoring the law to establish a National Law Enforcement Museum here in our Nation's capital. The U.S. Department of Justice has determined that only about one out of five Americans has any direct contact with a law enforcement officer during the course of a normal year, and most of those contacts are traffic stops. The fact is that most of our citizens draw their conclusions about law enforcement from the fictional works of Hollywood and the often sensationalized reporting by the media. Most Americans do not truly understand, nor fully appreciate the tremendous worth of the law enforcement profession to our Nation. But all of that will soon change when the doors of the National Law Enforcement Museum open, which is expected to happen in 2009. Finally, we will have a popular destination here in Washington, DC, devoted to telling law enforcement's true story of selfless service and supreme sacrifice. Through some of the most entertaining and stimulating exhibit ideas I have ever seen for a museum, visitors will experience what it is like to walk in the shoes of a police officer, and to make split-second, life-or-death decisions. They will understand the vital roles our officers played in every pivotal moment of our Nation's history, including the taming of the Wild West, and the wars against gangsters, drug lords and now, terrorists. In short, this museum will vastly increase public understanding and support for law enforcement, and the museum's research repository will contribute greatly to promoting police safety. It will truly be a must-see destination in our Nation's capital and, appropriately, it will be located right across the street from the National Law Enforcement Officers Memorial. I want to commend Craig W. Floyd, the chairman of the National Law Enforcement Officers Memorial Fund, his talented staff and dedicated board of directors for working so hard to make this museum a reality, just like they made the National Law Enforcement Officers Memorial a reality in 1991. Neither of these projects would be successful, though, without the generous funding provided by citizens and corporations across this country and I am grateful to see that support pouring in for the museum. I pledge my continued full support for this museum project and I challenge my colleagues to do the same. That means ensuring that during the public approval process the integrity and importance of this museum as a major visual presence in Judiciary Square must not be compromised in any way. Those dedicated public servants of the law enforcement profession-- especially the more than 16,500 officers who have made the ultimate sacrifice in the performance of duty, and their families--deserve no less.

Mr. CAMPBELL

Mr. CAMPBELL. I thank the Senator for her inquiry.

Mr. CAMPBELL. My intent with respect to all three of the issues that the Senator has mentioned is consistent with my intent regarding the meaning of section 4 of the substitute amendment and the agreement itself--that is, neither the substitute amendment nor the agreement should be interpreted to somehow restrict the rights of any State, person or organization to pursue remedies otherwise available under Federal environmental laws such as the Clean Water Act and the Endangered Species Act. I would point out that neither the substitute amendment nor the agreement should be read to create, enlarge or limit any obligation of Federal agencies to consult under section 7 of the Endangered Species Act. Also, the intent behind the substitute amendment is that Federal agencies implement the terms of the agreement and any applicable Federal laws with due consideration of both the interests of the parties and those of other affected States so that no interests are prejudiced. Finally, neither the substitute amendment nor the agreement should be interpreted to create or alter any obligations of the parties under the Clean Water Act with respect to the protection of federally approved State water quality standards of downstream States. However, with that I do not mean to imply or suggest that any such obligations exist or do not exist.

Mr. CAMPBELL. These three issues were not specifically addressed in the report issued by the committee, although the part of the report that discusses the meaning of section 4(a) of the substitute amendment does make the point, and fairly clearly I think, that there is no intent to alter or amend Federal environmental laws like the Endangered Species Act and the Clean Water Act or to somehow limit the rights of persons or organizations to pursue any remedies that are otherwise available to them under such laws. The three precise issues you mention were not deliberately omitted from discussion in the report--to the contrary, they were not discussed in the report simply because those specific issues, as you have articulated them, were not aired during or after the hearing held on this legislation and, in fact, arose only after the amendment in the nature of a substitute was reported to the Senate on October 7, 2004.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Thursday, November 18, 2004, at 10 a.m., in room 485 of the Russell Senate Office Building to conduct a business meeting on pending committee matters, to be followed immediately by an oversight hearing on the water problems on the Standing Rock Sioux Reservation. Those wishing additional information may contact the Indian Affairs Committee at 224-2251.

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, November 17, 2004, at 3 p.m., in room 216 of the Hart Senate Office Building to conduct a business meeting on pending committee matters, to be followed immediately by an oversight hearing on the In Re Tribal Lobbying Matters, et al. Those wishing additional information may contact the Indian Affairs Committee at 224-2251. committee on indian affairs

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am today submitting a resolution to designate December 13, 2004 as ``The National Day of the Horse.'' The image of the horse is a fixture of American society, an icon whose role has changed greatly through the history of our Nation, but whose status has never wavered. Even for the very forefathers of our country, the horse has meant not only transportation and utility, but companionship and a way of life. Who can forget the indelible images to which horses have given rise? Mere mention of the American West conjures pictures of Plains Indians hunting buffalo, dusty ranchers and cowboys on the trail for the great cattle drives, and vast herds of wild mustangs roaming free across the undiscovered frontier. Horses have been used in military campaigns, police operations, to say nothing of their roles in agricultural labor as beasts of burden. Modern interest in horses ranges from the serious thoroughbred horse breeders, trainers, and jockeys whose work we enjoy at events such as the Breeder's Cup, which will be run later this month, to the thousands of Americans who enjoy riding horses with no concern for ribbons or money, but as a welcome respite from their otherwise hectic lives and a link to the past. The horse industry is highly diverse, and supports a wide variety of activities in all regions of the country; from the pastoral activities of breeding, training, and riding horses to more urban pursuits such as horse shows and competitive racing. In terms of economic impact, the horse industry directly employs more people than railroads, radio and television broadcasting, petroleum and coal, and tobacco. In fact, the industry's contribution to the U.S. Gross Domestic Product is estimated at over $100 billion, only slightly less than the apparel and textile manufacturing industries. While the role of the horse in the daily life and economy of the United States has changed much over the past two hundred years, it still remains a strong and influential force in both our collective imagination and daily lives.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to introduce the Enterprise Rancheria Land Restoration Act of 2004, a bill that would restore lands to the Enterprise Rancheria, a Federally recognized Indian tribe. The tribe seeks this restoration to rectify an inequitable taking of their lands for the Oroville Dam in 1964. I am introducing this bill, at the request of the tribe, primarily to initiate a discussion regarding the tribe's efforts to obtain an equitable resolution among all the interested parties, including the tribe, local communities, and the tribe's congressional delegation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to introduce the Enterprise Rancheria Land Restoration Act of 2004, a bill that would restore lands to the Enterprise Rancheria, a Federally recognized Indian tribe. The tribe seeks this restoration to rectify an inequitable taking of their lands for the Oroville Dam in 1964. I am introducing this bill, at the request of the tribe, primarily to initiate a discussion regarding the tribe's efforts to obtain an equitable resolution among all the interested parties, including the tribe, local communities, and the tribe's congressional delegation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I welcome the unanimous passage of the Belarus Democracy Act, BDA, by the United States Senate last night following similar action by the House of Representatives earlier this week. As co-chairman of the Helsinki Commission, I am particularly pleased at timely adoption of this important legislation. I thank Chairman Lugar and Senator Biden for their assistance in facilitating consideration of this bill by the full Senate. Repression and stagnation have been the hallmarks of the regime of Aleksandr Lukashenka, the leader of Belarus who increasingly tightened the noose around those who express independent views. A series of fundamentally flawed elections have left Belarus without legitimate executive and parliamentary leadership. Against this backdrop, preparations are underway for parliamentary elections and a referendum later this month. The elections take place in an environment in which the regime has intensified its repression of the remaining independent media and vilification of the opposition and their supporters. Lukashenka is also seeking to manipulate the situation to extend his rule by eliminating constitutional term limits for president, possibly paving the way for him to become a ``president-for-life.'' As co-chairman of the Helsinki Commission, I have maintained a strong interest in Belarus and have tried to inform my Senate colleagues about the increasingly troubling developments in that strategically located country, whose 10 million people have suffered cruelty at the hands of czars, Nazis, Communists and now, Aleksandr Lukashenka. During my service on the Commission, I have met and come to know many of the courageous individuals, who often at personal risk have spoken out in support of democracy in the face of Europe's last dictatorship, including the spouses of opposition leaders and a journalist who disappeared in 1999 and 2000 because they dared speak to the truth. Belarus, under Lukashenka, has the worst human rights record in Europe. His regime has increasingly violated basic human rights and freedoms. The goal of the Belarus Democracy Act is to help put an end to repression and human rights violations in Belarus and to promote Belarus' entry into a democratic Euro-Atlantic community of nations following years of self-imposed isolation. The Belarus Democracy Act authorizes additional assistance for democracy-building activities such as support for NGOs, independent media, including radio broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus and which look to be highly problematic when they are held on October 17, judging by the pre- election environment and the regime's tight control over the electoral process. The BDA includes sense of the Congress language that would prohibit U.S. Government financing, except for humanitarian reasons and U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill also requires a report from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states and on the personal wealth and assets of Lukashenka. Nearly 2 years after the introduction of the Belarus Democracy Act the situation in that country has spiraled downward. Adoption and implementation of the Belarus Democracy Act will offer hope that the current period of political, economic and social stagnation will indeed end. It shows our concrete support for the courageous individuals, non- governmental organizations, independent media and independent trade unions struggling mightily against the machine of repression. And it shows our support for the people of Belarus, who deserve a chance for a brighter future.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am today introducing legislation to complete a small land exchange between the U.S. Forest Service, Bureau of Land Management and Pitkin County at the Ashcroft Townsite near Aspen, CO. This exchange is long overdue, as it has been over a decade since work on this proposal began. I am very pleased to assist this particular land exchange because it will result in the Forest Service acquiring a piece of land known as the ``Ryan Property'', which is one of the most scenic properties in the entire Aspen area . . . and that's saying a lot! I am personally familiar with the Ryan Property and its truly spectacular scenery, and would like to note that the Ryan Property was the training ground for the U.S. Army's famous 10th Mountain Division during World War II before the more well-known Camp Hale was built near Leadville. The Ryan Property also has a series of extremely popular cross country skiing trails, which connect the trails on adjacent Forest Service lands, and lie adjacent to the heavily-used Cathedral Lake Trail and trailhead. This is a truly magnificent piece of land that my bill will convey into permanent public ownership. The acquisition of these lands by the Forest Service will complete the Ashcroft Preservation Project, initiated by the Forest Service in 1980 to protect the scenic and historic beauty of the Ashcroft area. As I indicated earlier, completion of this land exchange has not been without difficulty. Indeed, the exchange was first suggested by the Forest Service in 1992. In the year 2000, Pitkin County and the Aspen Valley Land Trust purchased the property, at the request of the Forest Service, to keep it from development until a land exchange could be completed. Unfortunately, since that time, procedural difficulties, personnel changes, and changing priorities have hindered completion of the exchange. As well, various alternative exchange land packages have been discussed and agreed upon by the parties involved over the years. Finally, this year, an agreement was reached between the Forest Service, BLM, and Pitkin County to go forward with a three-party exchange, and it is my intention to help them finish it. While this exchange will follow according to existing regulations, with my bill Congress will direct that it occur, so that the types of problems which have prevented its completion thus far will not delay it further. Additionally, with the special provisions written into this legislation, upon completion of the exchange the County and Land Trust will actually be donating land value to the United States, which is a great benefit for the public. Accordingly, I am introducing my legislation today in the hopes that it still might be able to see some action this fall. I note that the exchange has the support of a broad array of governmental and non- profit entities including Pitkin County, the City of Aspen, the Aspen Valley Land Trust, the Aspen Skiing Company, the Roaring Fork Conservancy, Ashcroft Ski Touring, Wilderness Workshop, Conservation Fund, and many others. It is my feeling that this is exactly the type of consensus land conservation effort we should all be supporting, and hope for swift and successful passage of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I am today introducing legislation to complete a small land exchange between the U.S. Forest Service, Bureau of Land Management and Pitkin County at the Ashcroft Townsite near Aspen, CO. This exchange is long overdue, as it has been over a decade since work on this proposal began. I am very pleased to assist this particular land exchange because it will result in the Forest Service acquiring a piece of land known as the ``Ryan Property'', which is one of the most scenic properties in the entire Aspen area . . . and that's saying a lot! I am personally familiar with the Ryan Property and its truly spectacular scenery, and would like to note that the Ryan Property was the training ground for the U.S. Army's famous 10th Mountain Division during World War II before the more well-known Camp Hale was built near Leadville. The Ryan Property also has a series of extremely popular cross country skiing trails, which connect the trails on adjacent Forest Service lands, and lie adjacent to the heavily-used Cathedral Lake Trail and trailhead. This is a truly magnificent piece of land that my bill will convey into permanent public ownership. The acquisition of these lands by the Forest Service will complete the Ashcroft Preservation Project, initiated by the Forest Service in 1980 to protect the scenic and historic beauty of the Ashcroft area. As I indicated earlier, completion of this land exchange has not been without difficulty. Indeed, the exchange was first suggested by the Forest Service in 1992. In the year 2000, Pitkin County and the Aspen Valley Land Trust purchased the property, at the request of the Forest Service, to keep it from development until a land exchange could be completed. Unfortunately, since that time, procedural difficulties, personnel changes, and changing priorities have hindered completion of the exchange. As well, various alternative exchange land packages have been discussed and agreed upon by the parties involved over the years. Finally, this year, an agreement was reached between the Forest Service, BLM, and Pitkin County to go forward with a three-party exchange, and it is my intention to help them finish it. While this exchange will follow according to existing regulations, with my bill Congress will direct that it occur, so that the types of problems which have prevented its completion thus far will not delay it further. Additionally, with the special provisions written into this legislation, upon completion of the exchange the County and Land Trust will actually be donating land value to the United States, which is a great benefit for the public. Accordingly, I am introducing my legislation today in the hopes that it still might be able to see some action this fall. I note that the exchange has the support of a broad array of governmental and non- profit entities including Pitkin County, the City of Aspen, the Aspen Valley Land Trust, the Aspen Skiing Company, the Roaring Fork Conservancy, Ashcroft Ski Touring, Wilderness Workshop, Conservation Fund, and many others. It is my feeling that this is exactly the type of consensus land conservation effort we should all be supporting, and hope for swift and successful passage of this legislation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I rise to express my support for the conference report accompanying those appropriations bills which, because of our pending adjournment, have been included as an omnibus package. I intend to vote for this omnibus bill knowing full well that, like all bills, it is not perfect in every Senator's eyes. I want to thank Chairman Stevens and Ranking Member Senator Byrd as well as the chairman and ranking members of the Subcommittees for including my requests which are vital to Colorado. As America's third fastest growing State, our burgeoning population has placed great stress on our schools, hospitals, universities and transportation. Federal monies, which I have sought to earmark as an appropriation for Colorado, are extremely important. In this omnibus conference report over $175 million will be flowing into Colorado. Having said this, there is one section in the bill that concerns me. Partially because it affects my State, but more so because it was never considered in the committee of jurisdiction. Neither was it discussed in the conference committee on Wednesday, November 19 as we worked out the final House and Senate disagreements. I did not know of the language as the bill came to the floor just before we adjourned for the year. In fact, in a multi-hundred page bill I was not aware of it until after it passed. But, as I understand it, this language is in keeping with a long standing practice of satisfying Native American land claims. Let me give some historical perspective to this issue as I understand it. In 1971, the U.S. Congress passed a bill which was signed into law called the ``Native American Claims Settlement Act''. This was an effort to bring a degree of fairness to native tribes of America's newest State--Alaska--who had lost much of the use of their aboriginal land through the encroachment and settlement of non-natives. As part of the settlement, the native peoples were given use of 44 million acres and a percentage of the royalties from oil and gas production thereon. They shared these royalties with State government and for the purposes of administering their tribal governments and revenues. Alaska natives and tribes became shareholders of Native Alaskan corporations. They also retained the same rights that tribes in the lower 48 States and as they pertained to the ``trust responsibility'' of the Federal Government. As I understand the 1971 act, however, these tribal corporations around the city of Anchorage were not considered land based tribes and were treated differently in terms of rights and benefits they would have accrued had they been in control of aboriginal land. These native groups (corporations) were allowed to use their portion of the accumulated revenue, in the form of ``bidding credits'', to purchase either Federal or private land in Alaska or other States. I only know of four States where land was actually purchased. Alaska, California, Hawaii and Colorado are the four I am aware of, although there may have been others. I have never been able to find a comprehensive list of land purchased, if it even exists. The Native Alaskan corporations were authorized in the 1971 act to ``partner'' with tribes in the lower 48 on business ventures. So, in effect, the lower 48 tribes became recipients of badly needed investment capital provided by the Native Alaskan corporations while their ``partner'' could petition the Federal Government to put the land into trust status. One such purchase was in downtown Denver. It had been a piece of Federal land, adjacent to the Federal courthouse and was being used as a parking lot for court employees. That lot was not put into trust, but was owned by the Native Alaskan Corporation. There were, at the time, some preliminary discussions between one of the Colorado land based Ute Indian tribes and one Native Alaskan corporation on how best to use this ``native'' land for economic development purposes. These purposes were limited by a variety of other laws such as the 1988 Indian Gaming Regulatory Act, which did not allow tribes to have casino gaming unless they reached a negotiated agreement called a ``gaming compact'' with the State in which they were located. In turn, court decisions further complicated the picture. An example of this was in the Seminole vs. the State of Florida case. In 1996, the Supreme Court ruled that States cannot be ``forced'' to negotiate a compact with tribes as required by the 1988 Indian Gaming Regulatory Act. At the time, I voided the discussions concerning the downtown piece of property about which I have spoken by implementing a suggestion from the Federal courts to submit a line item request to appropriate funds to purchase that parking lot back from the Native Alaska corporation. I did so and through subsequent appropriations secured the money to build a new Byron White Federal Court complex on that site. Since I was not in the U.S. Senate in 1971, I can only give you my view of how that act affected this language in question. I don't know if it violates any existing statute, if my constituency would support or oppose it or if it is in keeping with the Native American Claims Settlement Act. This probably could have been flushed out through the hearing process had we seen it in bill form. So, in closing Mr. President, because I was not aware of the language of this final conference report until about 2 hours ago and do not know the effect it would have on Colorado, I do not support that section. Since it is, however, included in a non-amendable conference report and, recognizing the importance of the money in this report to the State of Colorado, I will vote for the final report.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today on the Senate floor we are recognizing the month of October as National Domestic Violence Awareness Month. For far too long, we have been reluctant to talk openly about family violence. When I was growing up, few viewed violence in the home as a crime. As a young deputy sheriff, I learned that people thought of it as a private matter. Today, we know that domestic violence is not a private family matter, it is a serious crime. And for far too long, domestic violence has been seen as a problem which impacts only women, but this is not true either. Domestic violence is not just a woman's issue. It impacts the entire American family. Domestic violence damages children. The seeds of violence are planted early. We know that children are harmed both emotionally and developmentally when they witness or experience violence. Violence is a learned behavior. So, the cycle of domestic abuse continues generation after generation. Domestic violence also threatens the security and peace of entire communities. The impacts of abuse are felt by the families, friends and co-workers of victims. They are felt by law enforcement officials, medical workers and other social service workers who are called upon to repair the lives shattered by violence. Now, there are advocacy groups, support groups, 24-hour-crisis hotlines, and housing assistance. And, today there is a network of almost 1800 domestic violence programs in the United States. Approximately 1,200 of these include shelter. Now, most shelters include facilities for the children, too. Understanding first-hand the impact of family violence, I have made anti-violence and domestic violence legislation a top priority throughout my years in Congress. A year ago, during the month of October, the Stamp Out Family Violence Stamp was issued. The stamp, similar to the Breast Cancer Stamp, earns monies for domestic violence shelters throughout the country, with special emphasis on programs for children who witness domestic violence. By the end of July this year, the stamp had netted $1.2 million for shelter programs. But there is more to be done. Domestic violence can be prevented. Around the country there is innovative and exciting work taking place to help reduce family violence. While we must continue our efforts to provide help and shelter for victims, we must also step up our efforts in providing helps that will prevent violence. Many believe that enacting broader Federal laws is the answer to this problem. But, I believe that adding more rules on the books without the ability to enforce them is a hollow and incomplete gesture. We must all speak out on this issue. Victims must speak up and ask for help. Local, State and national authorities must speak up. And, communities must recognize the pervasive effects of violence on all aspects of community life. I believe that by combining education, research, and community-based efforts, we can create reasonable, multi- faceted solutions to a problem that has no boundaries and knows no laws.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, I would like to announce that the Committee on Indian Affairs will meet on Wednesday, October 6, 2004, at 10:00 a.m. in Room 485 of the Hart Senate Office Building to conduct a business meeting on pending Committee matters. Those wishing additional information may contact the Indian Affairs Committee at 224-2251.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to introduce ``The Winnemem Wintu Tribe Clarification and Restoration Act,'' a bill that would clarify the status of the Winnemem Wintu Tribe of northern California. I am introducing this bill, at the request of the tribe, primarily to initiate a discussion of the tribe's status among all the interested parties, including the tribe, local communities, and the tribe's congressional delegation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to introduce The Hoopa-Yurok Settlement Amendment Act of 2004, a bill that would provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and Yurok Tribe in the State of California. This bill is introduced at the request of the Hoopa Valley Tribe and the Yurok Tribe, and is for discussion purposes only. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President, today I am pleased to introduce ``The Winnemem Wintu Tribe Clarification and Restoration Act,'' a bill that would clarify the status of the Winnemem Wintu Tribe of northern California. I am introducing this bill, at the request of the tribe, primarily to initiate a discussion of the tribe's status among all the interested parties, including the tribe, local communities, and the tribe's congressional delegation. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL. Mr. President, today I am pleased to introduce The Hoopa-Yurok Settlement Amendment Act of 2004, a bill that would provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and Yurok Tribe in the State of California. This bill is introduced at the request of the Hoopa Valley Tribe and the Yurok Tribe, and is for discussion purposes only. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. As actions speak louder than words, the poor compliance indicates a lack the political will by some to make fighting anti- Semitism and intolerance a high priority. Therefore, a personal envoy could work to encourage participating States to honor their commitments and to forward the information to ODIHR for compilation, raising these concerns at the highest level. I consequently urge Bulgaria and Slovenia, along with all other participating States, will support efforts to create a personal envoy of the OSCE Chairman in Office on anti-Semitism. I note that the current OSCE Chair, Foreign Minister Solomon Passy is in Washington this week for consultations and I urge him to appoint such a representative before the end of Bulgaria's chairmanship. As Secretary of State Powell stated at the Berlin Conference, ``We must send the clear message far and wide that anti-Semitism is always wrong and it is always dangerous. We must send the clear message that anti-Semitic hate crimes are exactly that: crimes, and that these crimes will be aggressively prosecuted.'' Senate passage of S. Con. Res. 110 will bolster the ongoing work of the OSCE in confronting and combating anti-Semitism. Exhibit 1

Mr. CAMPBELL. Madam President, I applaud the leadership for taking up S. Con. Res. 110, a resolution expressing the sense of Congress in support of the ongoing work of the Organization for Security and Cooperation in Europe, OSCE, in combating anti-Semitism, racism, xenophobia, discrimination, intolerance, and related violence. The Helsinki Commission, which I co-chair, has been on the forefront of efforts to combat anti-Semitism throughout the 55 participating States that comprise the OSCE. Commission initiatives have been aimed at urging all OSCE countries to take real action, to ensure that the issue of anti-Semitism is not swept under the rug or disguised in misleading euphemisms like ``hooliganism.'' The latent, yet persistent, problem of anti-Semitism is one that cannot be ignored, but rather must be met head on, with the full force and weight of elected leaders and Government officials publicly denouncing acts of anti-Semitism and related violence. For this reason, I am pleased the U.S. Senate today will be on record in our fight against anti-Semitism and speak to this pernicious problem. I want to highlight one portion of the resolution that calls for the Bulgarian Chairman-in-Office and the incoming Slovenian CiO to ``consider appointing'' an individual to the post of a ``personal envoy.'' This high profile position would help ensure ``sustained attention with respect to fulfilling OSCE commitments on the reporting of anti-Semitic crimes.'' The need for this position was made clear in a recent report by the OSCE Office for Democratic Institutions and Human Rights. At the end of June the OSCE'S Office for Democratic Institutions and Human Right's ODIHR reported that only 20 of 55 participating States had responded to the four requests for submissions issued by ODIHR between January 28 and May 28. Canada and Slovakia have since made submissions. Each participating State has been asked to forward to ODIHR information concerning legislation and statistics about anti- Semitic crimes and hate crimes, as agreed to under the Maastricht Ministerial Council Decision and the Permanent Council Decision highlighted in the Berlin Declaration. Mr. President I ask unanimous consent that a summary of the responses from participating States, dated June 21, 2004 be printed in the Record following this statement.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President today I am pleased to introduce the Native American Technical Corrections Act of 2004 to amend a variety of Federal statutes affecting Indian tribes and Indian people. The bill provides 13 amendments including changes to the Indian Arts and Craft Act, the Indian Financing Act, the Indian Pueblo Lands Act, and others. Though modest, this bill provides relief to the many tribes that seek Congress's assistance and I urge my colleagues to support it. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CAMPBELL

Mr. CAMPBELL. Mr. President today I am pleased to introduce the Native American Technical Corrections Act of 2004 to amend a variety of Federal statutes affecting Indian tribes and Indian people. The bill provides 13 amendments including changes to the Indian Arts and Craft Act, the Indian Financing Act, the Indian Pueblo Lands Act, and others. Though modest, this bill provides relief to the many tribes that seek Congress's assistance and I urge my colleagues to support it. I ask unanimous consent that the text of the bill be printed in the Record.