Nick Rahall

Mr. RAHALL

Mr. RAHALL. I yield back the balance of my time.

Mr. RAHALL. Mr. Speaker, on that I demand the yeas and nays.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, pursuant to the instructions of the House in the motion to recommit, I report H.R. 1011 back to the House with an amendment.

Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 763, I call up the bill (H.R. 1011) to designate additional National Forest System lands in the State of Virginia as wilderness or a wilderness study area, to designate the Kimberling Creek Potential Wilderness Area for eventual incorporation in the Kimberling Creek Wilderness, to establish the Seng Mountain and Bear Creek Scenic Areas, to provide for the development of trail plans for the wilderness areas and scenic areas, and for other purposes, and ask for its immediate consideration.

Mr. RAHALL. Mr. Speaker, I'm very proud to yield 5 minutes to my dear friend and the very powerful subcommittee Chair of Energy and Air Quality, Mr. Boucher. (Mr. BOUCHER asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. I yield to the gentleman from Colorado.

Mr. RAHALL. Mr. Speaker, the gentleman from Colorado's amendment would appear to be a restatement of what current law already is. And reading from that current law, it says, ``Except as specifically provided for in this act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment,'' et cetera, et cetera. So there are exceptions in current law for health and safety of persons. So I would say to the gentleman that the gentleman's recommittal motion is redundant with current law.

Mr. RAHALL. Mr. Speaker, I rise in opposition to the motion to recommit.

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

Mr. RAHALL. Mr. Speaker, I yield to the gentleman from Virginia (Mr. Scott) for the purpose of a unanimous consent request. (Mr. SCOTT of Virginia asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. H.R. 1011, the Virginia Ridge and Valley Act, was introduced by my friend and neighboring colleague, Representative Rick Boucher. The bill designates nearly 40,000 acres in the Jefferson National Forest as wilderness and nearly 12,000 acres as National Scenic Areas. These natural spaces represent some of the true wild gems of the Commonwealth of Virginia and my State of West Virginia. H.R. 1011 is a strong bipartisan measure that is cosponsored by several other representatives from Virginia. H.R. 1011 also has broad support from Governor Tim Kaine, both Virginia Senators, four county boards of supervisors, local businesses, State organizations, hunters and faith groups. Each of the areas within H.R. 1011 were either recommended for wilderness designation in the 2004 Jefferson National Forest Plan or have been endorsed by the local board of supervisors of the relevant county. All the areas of H.R. 1011 are located within the district of Representative Boucher, who has been a true leader and fighter for this legislation and deserves the commendation of us all. All are located within his District, as I said, with the exception of a 555 wilderness-acre addition that I am proud to note is in my congressional district in Monroe County, West Virginia. Wilderness designation is not new to this portion of Virginia. In addition to designating six new wilderness areas, the legislation provides for additions to six existing wilderness areas. The people of this area are well acquainted with wilderness, and H.R. 1011 reflects their desire to preserve these natural treasures. By designating wilderness, the Congress has long recognized that there are some places that should be left to the management of Mother Nature and that the all-knowing Creator's careful handiwork is something worth conserving and cherishing. H.R. 1011 is a well-crafted and meritorious measure that has broad support for those who live in the area and their elected officials. Mr. Speaker, I urge adoption of the bill in the House today. I reserve the balance of my time.

Mr. RAHALL. Reclaiming my time, Mr. Speaker, I would respond to the gentleman that if such were necessary, I would think that the Forest Service would come to us making these recommendations. But we have not received such recommendations from the Forest Service, and, therefore, the language is not necessary. Mr. Speaker, I yield back the balance of my time.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include therein extraneous material on H.R. 1011.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I rise today to recognize Mr. Greg Gasperecz and Ms. Laurie Conner, in anticipation of the joyful event of their marriage on October 26th, 2007. The institution of marriage is one of the most sacred, cherished and effective traditions in society, and I am pleased today to pause and offer my congratulations to Greg, and best wishes to Laurie, as they approach this important milestone in their lives. Greg and Laurie have been longtime companions and soul-mates, and they both cherish their proud heritage as lifelong residents of New Orleans, Louisiana. Side by side, in steadfast support of one another, they have celebrated the best of times, and weathered the worst of storms, as survivors of Hurricane Katrina. In September of 2005, Greg and Laurie were each living the American Dream of home ownership, and Laurie owned a rental property as well, all in the Lakeview neighborhood of New Orleans. Although they were both able to evacuate in the days before the storm, they had to leave behind a lifetime of possessions in the homes they loved so much. By the time they were able to return, they found their homes defiantly still standing, but the structures and entire contents, were a total loss. All 3 houses, wiped out in a single day. In December of 2005, my wife and I decided to celebrate our first wedding anniversary in New Orleans. And we decided to drive from southern West Virginia to southern Louisiana, so that we could better appreciate the storm's damage to the entire region. We went to New Orleans to show our support for the community in some small way, and to personally tell any survivors that we could find, that they had not been forgotten. ' It was on that visit that I came to know Greg Gasperecz and Laurie Conner, in what had to be the bleakest period of their lives. They were just beginning to comprehend the totality of their personal loss, and that of their beloved hometown. Yet they spent an entire day and evening, offering us an extended tour of the affected areas, including their homes, and they proudly took us on a tour of the unmistakable French Quarter; which was still proudly vibrant under the dire circumstances that persisted. That day, we stood atop the sandbags that had been dropped 3 months earlier at the breech of the 17th Street Canal, a stream of lake water still slowly spreading into the street below. Greg offered his insight and expertise as he explained the environmental implications of both the cause and the effects of the disaster. Greg and Laurie had so much to be sad about at that time, but they were still the most charming hosts for which the city could ever hope. I was touched by their pride and compassion, and inspired by their stoic resolve to remain and to rebuild. And 2 years later, rebuild they have. It is my understanding that in the last week, they have finally been able to begin construction on a brand new home, in their same Lakeview neighborhood. And this week, in their beloved French Quarter, they will stand before their loved ones and recite their vows of marriage to one another. Greg and Laurie realize that they have been blessed; to have each other, to have survived this epic disaster, and to have been able to rebuild their home and their lives. They don't take any of that for granted, instead, have chosen to recommit to rebuilding their community, and give back to the city that has given them so much. This is so characteristic of the proud and tough West Virginia work ethic and belief in God. Madam Speaker, I close my remarks today with congratulations to Greg and Laurie. I ask that you join me in wishing them well, and trust that they will have many happy years together in New Orleans, LA.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, West Virginia recently lost an outstanding son, Herbert Henderson. Herb passed away last week, but today I rise to celebrate a life well lived and to remember with fondness the accomplishments of a remarkable man who, over his many years, was a torchbearer in the dual causes of spreading equality and ensuring justice. The unfortunate news of his passing has brought sadness to so many throughout West Virginia, including those who did not have the opportunity to meet Mr. Henderson but who have come to benefit from his passionate support of civil liberties. Herb was preceded in death by his wife of 49 years, Maxine Henderson. He graduated from Elkhorn High School in McDowell County, and from there he went on to attend West Virginia State College until his graduation in 1953. After college, Herb served two tours in the United States Army before becoming the first African-American to attend George Washington University School of Law. Upon graduation from law school, he returned with his family to Huntington, WV, where he eventually became senior partner in the law firm of Henderson, Henderson, and Staples. From 1966 to 1986, Herb Henderson was the West Virginia State President of the National Association for the Advancement of Colored People (NAACP). He went on to serve as General Counsel for the NAACP in 1984 and again from 1989 through 1990. The mission of the NAACP is to ensure political, educational, social, and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination. This was a mission that Herb not only shared, but one that he also championed throughout his lifetime. For 49 years, Herb was an active member of the Ebenezer United Methodist Church, as well as a member of the National Council of the Churches of Christ in the U.S.A. and Church World Service. He was a solid supporter of West Virginia State University (WVSU) and served as President of the Huntington Chapter of the WVSU Alumni Association. He will be greatly missed by his family, in particular his four daughters and 10 grandchildren, as well as, the community he served so faithfully over these many years. My thoughts and prayers are with the family of Herbert Henderson. I join with West Virginians in honoring his remarkable life and the legacy he left behind.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I rise today to recognize Dr. Betty Cleckley, a dedicated educator for her 17 years of service and leadership to Marshall University. She has been at Marshall since 1989 when she accepted the new position of Vice President for Multicultural Affairs in Huntington, West Virginia. For her years of service to the students, faculty and staff of Marshall University and the community of Huntington I offer my deepest thanks and gratitude. A native West Virginian, Dr. Cleckley graduated from Douglass High School before going on to earn a Bachelor of Science degree from Marquette University, a Master of Social Science degree from Smith College, A Ph.D. degree from Brandeis University and a post doctoral certificate in Higher Education Management from Harvard University. Before working at Marshall, Dr. Cleckley held a number of administrative and teaching positions in the health and higher education fields. She was Associate Dean and Associate Professor of the School of Social Work at the University of Tennessee, Knoxville; Assistant Vice President of Academic Affairs, Interim Vice President of Institutional Advancement and Executive Assistant to the President and Coordinator of Meharry's Centers of Excellence at Meharry Medical College, Nashville, Tennessee. She also served as the Director of the Black College Initiative at the Agency on Alcohol, Drug Abuse, and Mental Health Administration in Washington, DC. In 1989, when Dr. Cleckley returned to Huntington, she did so with dreams of making a difference in her hometown community. The Harmony Institute at Marshall University was one of the many dreams she was able to realize during her tenure. The institute was conceived in 1997 with the mission to actively promote an appreciation for human and civil rights, social justice and racial harmony among students, administrators, faculty and staff, as well as among residents of surrounding communities so that they may have a global impact on achieving racial equality in this rapidly changing multicultural society. Over the years, the Harmony Institute has continued to fulfill that multicultural mission through community engagement and scholarly developments. During her time at Marshall, she has been an active member of the community and has been honored many times over for her hard work and dedication. Dr. Cleckley served on the State of West Virginia Human Rights Commission and currently serves on the Martin Luther King, Jr. State of West Virginia Holiday Commission, Cabell Huntington Hospital Foundation and the Center for Aging and Health Care in West Virginia, Ins. She is also a life member of the National Association for the Advancement of Colored People. Some of the many honors she has received are: ``The WV Civil Rights Award'' from the Governor of West Virginia in 2003, the ``Celebrate Women Award in Education'' award by the West Virginia's Women Commission in 2003 and the ``Betty Jane Cleckley Minority Research Award'' which was established by the American Public Health Association and recognizes research on minority health issues, particularly among the elderly. In her poem, ``Still I Rise'', poet and educator Maya Angelou writes: Just like moons and like suns, With the certainty of tides, Just like hopes springing high, Still I'll rise. Time and again, Dr. Betty Cleckley has proven her ability to rise up and take on new challenges. Her time at Marshall has left an indelible footprint and a legacy that will be a hard act to follow. I wish Dr. Cleckley my best in all of her future endeavors and know that whatever new tasks she decides to take on, she will as always rise to the challenge.

Mr. RAHALL

Mr. RAHALL. Mr. Chairman, it has been over a decade since Congress passed the Interstate Commerce Clause Termination Act. While I have the deepest respect for my colleague from New Jersey who sponsored this amendment, I feel his amendment is overly broad and violates the letter and spirit of the ICCTA. According to the Gentleman from New Jersey's amendment, any State and local agency can regulate railroad-owned, solid waste rail transfer facilities. Father, forgive them; for they know not what they do. Adoption of this amendment would mean that if a railroad were to try and establish a solid waste transload facility, local government authorities would have very few checks on their ability to regulate this industry. There are no jurisdictional requirements in this amendment, no limit to the number of authorities which could mount challenges. It would begin to dismantle, piece by piece, the federal preemption that is integral to our national rail system. Many of the individuals supporting this amendment today will tell you how states are unable to protect their citizens under the current guidelines set forth by the Surface Transportation Board. What you may not hear, is that a State can protect the health and safety of their citizens. Should companies violate the laws and regulations governing health and safety problems, a state can use its police power, take the offending railroad to court, or petition the Surface Transportation Board to halt the railroads operations. New Jersey was able to shut down three waste transload facilities earlier this year, because the facility violated the fire safety laws. These transportation facilities were not created through judicial fiat, they are defined in the very legislation we crafted a decade ago. They were addressed wholesale because we knew that to grant certain commodities preemption, and deny it to others, would create a daunting patchwork of regulation. This amendment, as well intentioned as it may be, begins the path down that slippery slope. What's next? Will a state's department of environmental protection decide that it doesn't like the transportation of coal, or liquid natural gas, because of the pollution it may cause? Mr. Chairman, I urge the defeat of this poorly crafted amendment,

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, House Concurrent Resolution 186, introduced by our colleague on the Natural Resources Committee, Representative Henry Brown, honors the 75th anniversary of Brookgreen Gardens in South Carolina. When Brookgreen Gardens opened to the public in 1932, they were the first public sculpture gardens in the country. The gardens reflect the distinguished career of Anna Hyatt Huntington, a sculptor whose work spanned a period of 70 years. On October 5, 1992, the Secretary of the Interior recognized the significance of the site by designating Brookgreen Gardens as a National Historic Landmark based on the more than 550 works of American artists displayed in the sculpture portion of the gardens. Mr. Speaker, we support House Concurrent Resolution 186 and recommend its adoption by the House. I reserve the balance of my time.

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 186) honoring the 75th anniversary of Brookgreen Gardens in Murrells Inlet, South Carolina.

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

Mr. RAHALL

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

Mr. RAHALL. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 634) encouraging participation in hunting and fishing, and supporting the goals and ideals of National Hunting and Fishing Day and the efforts of hunters and fishermen toward the scientific management of wildlife and conservation of the natural environment, as amended.

Mr. RAHALL. 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, as amended, under consideration.

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. House Resolution 634, as amended, recognizes the contributions that American sportsmen and -women make in promoting wildlife conservation. The resolution calls on the President to issue a proclamation supporting National Hunting and Fishing Day. There are an estimated 42.5 million Americans who hunt and fish, according to the most recent survey conducted by the U.S. Fish and Wildlife Service. Aside from supporting efforts to protect our natural environment, these men and women also contribute to our economy. They spent $75 billion in 2006 on hunting and fishing activities. I commend Congresswoman Gillibrand from New York for introducing this resolution, and I urge adoption of the resolution, as amended. Mr. Speaker, I reserve the balance of my time.

Mr. RAHALL. Mr. Speaker, I yield such time as she may consume to the gentlelady from New York (Mrs. Gillibrand).