John Warner

Mr. WARNER

Mr. WARNER. Mr. President, it is unfortunate that James Madison's legacy is sometimes overshadowed by other prominent Virginians who were also founding fathers of the United States. Most Americans can readily recite the accomplishments of George Washington and Thomas Jefferson. And while most people can identify James Madison as an important figure in American history, his exact accomplishments are sometimes less well known than some of his contemporaries. As we approach the 250th anniversary of James Madison's birth, I wish to bring to your attention the outstanding contributions he made to the fledgling United States. During the course of his life, James Madison exhibited all the best qualities of a politician and a scholar. As a politician, he served as a member of the Virginia House of Delegates, a member of the U.S. House of Representatives, U.S. Secretary of State, and two-term President of the United States. As a scholar, he is associated with three of the most important documents in American history: the U.S. Constitution, the Federalist Papers, and the Bill of Rights. In Virginia, we have paid tribute to James Madison by naming one of our fine state universities after him--James Madison University in Harrisonburg, Virginia. More than any other American, Madison can be credited with creating the system of Federalism that has served the United States so well to this day. Madison's indelible imprint can be seen in the delicate balance struck in the Constitution between the executive and legislative branches and between the states and the Federal government. In addition to his contributions to the Constitution and the structure of American government, Madison kept the most accurate record of the Constitutional Convention in Philadelphia of any of the participants. Madison's notes from the Convention are a gift for which historians and students of government will forever owe a debt of gratitude. After the Constitutional Convention, Madison worked toward ratification of the Constitution in two of the states most crucial for the new government: Virginia and New York. He narrowly secured Virginia's ratification of the Constitution over the objections of such prominent Virginians as George Mason and Patrick Henry. He assisted in the New York ratification effort through his contributions to the Federalist Papers. The Federalist Papers, written by James Madison, Alexander Hamilton, and John Jay are used to this day to interpret the Constitution and explain American political philosophy. Federalist Number 10, written by Madison, is the most quoted of all the Federalist Papers. As a member of the U.S. House of Representatives, Madison became the primary author of the first twelve proposed amendments to the Constitution. Ten of these were adopted and became known as the Bill of Rights. James Madison presided over the Louisiana Purchase as Secretary of State under President Jefferson and prosecuted the War of 1812 as President. He was a named party in Marbury vs. Madison, the famous court case in which the Supreme Court defined its role as arbiter of the Constitution by asserting it had the authority to declare acts of Congress unconstitutional. James Madison was born March 16, 1751, in Orange County, Virginia. Accordingly, I urge your support of the James Madison Commemoration Commission Act, legislation that will recognize the life and accomplishments of James Madison on the 250th anniversary of his birth.

Mr. WARNER

Mr. WARNER. Mr. President, today, I am introducing legislation to expand the boundary of the George Washington Birthplace National Monument in Westmoreland County, Virginia by allowing the U.S. Park Service to acquire portions of the surrounding property from willing sellers. Previously, on September 28, 2000, I offered S. 3132 to allow the Park Service to acquire one acre of property adjacent to the park. The bill I introduce today will allow the Park Service to acquire 115 acres from willing sellers, including the one acre referenced in S. 3132. I urge my colleagues to support the preservation of George Washington's birthplace. I ask unanimous consent that the full text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, today, I am introducing legislation to expand the boundary of the George Washington Birthplace National Monument in Westmoreland County, Virginia by allowing the U.S. Park Service to acquire portions of the surrounding property from willing sellers. Previously, on September 28, 2000, I offered S. 3132 to allow the Park Service to acquire one acre of property adjacent to the park. The bill I introduce today will allow the Park Service to acquire 115 acres from willing sellers, including the one acre referenced in S. 3132. I urge my colleagues to support the preservation of George Washington's birthplace. I ask unanimous consent that the full text of the bill be printed in the Record.

Mr. WARNER

Mr. WARNER. Mr. President, the man who would later become America's first president, George Washington, was born at Popes Creek Plantation on the banks of the Potomac River in 1732. Although most Americans are familiar with his later residence at Mt. Vernon, fewer people know that George Washington's childhood was spent on this sprawling 550 acre plantation in Westmoreland County, Virginia. The Washington family first settled at Popes Creek in 1656 when John Washington, great-grandfather of George Washington, acquired the property. Although he later moved to Mt. Vernon, most historians agree George Washington returned on a regular basis to his birthplace. Located on the property is the Washington family cemetery that is the final resting place for George Washington's father, grandfather, and great-grandfather. To this day, Washington family descendants continue to live in the area. In 1930, Congress recognized the historic importance of this site to the nation and created the George Washington Birthplace National Monument. The park is truly a national treasure which tells of George Washington's formative years. In addition to providing an excellent example of colonial life, the park contains acres of woodlands, wetlands, and agricultural fields. I am told numerous bald-eagles now call the park home. In this age of rapid development, it is remarkable that despite the passage of two hundred and sixty-eight years, the Popes Creek area is remarkably unchanged since the time of George Washington's birth. The 131,099 annual visitors to the park can still experience a rural, pastoral countryside that George Washington would recognize. Much of the credit for this bucolic atmosphere is due to the efforts of the owners of the private property surrounding the park. They have done their best to avoid developing the property adjacent to the park. But, as these landowners gradually decide they wish to sell their property, I believe the Park Service should acquire the surrounding property to preserve this historic setting for future generations. The alternative is to risk development that could forever scar this beautiful national landmark. Today, I am introducing legislation to expand the boundary of the George Washington Birthplace National Monument by allowing the U.S. Park Service to acquire portions of the surrounding property from willing sellers. As a nation, it is our duty to preserve America's heritage for future generations. I urge my colleagues to support the preservation of George Washington's birthplace.

Mr. WARNER

Mr. WARNER. Mr. President, the man who would later become America's first president, George Washington, was born at Popes Creek Plantation on the banks of the Potomac River in 1732. Although most Americans are familiar with his later residence at Mt. Vernon, fewer people know that George Washington's childhood was spent on this sprawling 550 acre plantation in Westmoreland County, Virginia. The Washington family first settled at Popes Creek in 1656 when John Washington, great-grandfather of George Washington, acquired the property. Although he later moved to Mt. Vernon, most historians agree George Washington returned on a regular basis to his birthplace. Located on the property is the Washington family cemetery that is the final resting place for George Washington's father, grandfather, and great-grandfather. To this day, Washington family descendants continue to live in the area. In 1930, Congress recognized the historic importance of this site to the nation and created the George Washington Birthplace National Monument. The park is truly a national treasure which tells of George Washington's formative years. In addition to providing an excellent example of colonial life, the park contains acres of woodlands, wetlands, and agricultural fields. I am told numerous bald-eagles now call the park home. In this age of rapid development, it is remarkable that despite the passage of two hundred and sixty-eight years, the Popes Creek area is remarkably unchanged since the time of George Washington's birth. The 131,099 annual visitors to the park can still experience a rural, pastoral countryside that George Washington would recognize. Much of the credit for this bucolic atmosphere is due to the efforts of the owners of the private property surrounding the park. They have done their best to avoid developing the property adjacent to the park. But, as these landowners gradually decide they wish to sell their property, I believe the Park Service should acquire the surrounding property to preserve this historic setting for future generations. The alternative is to risk development that could forever scar this beautiful national landmark. Today, I am introducing legislation to expand the boundary of the George Washington Birthplace National Monument by allowing the U.S. Park Service to acquire portions of the surrounding property from willing sellers. As a nation, it is our duty to preserve America's heritage for future generations. I urge my colleagues to support the preservation of George Washington's birthplace.

Mr. WARNER

Mr. WARNER. Madam President, Sec. 211 of the Water Resources Development Act of 2000 includes a provision to accelerate the process to deauthorize inactive civil works projects. I am concerned, however, that this provision will have unintended consequences for deep-draft navigation projects. In 1986 the Congress authorized many port improvement projects after a 16-year deadlock with the Executive Branch. At that time, these projects were authorized according to the Report of the Chief of Engineers. Subsequently, with the concurrence of the non-Federal sponsor, elements of these major projects were constructed in phases. For example, in the case of the Norfolk Harbor and Channels Deepening Project, the project authorizes the deepening of the main channels to 55 feet, deepening anchorages to 55 feet and deepening secondary channels to 45 feet. Significant progress has been made to deepen our nation's most active ports. These projects are critical to America's competitiveness in the global marketplace and to securing a favorable balance of trade. Like other major port navigation projects, construction under the Norfolk Harbor and Channels project has occurred in increments or phases. The outbound channel, anchorages and Southern Branch of the Elizabeth River have all been deepened under the current authorization. Work is underway to deepen the inbound channel to 50-feet, and the Commonwealth has fully funded this increment. The remaining elements of the project are still vitally important and wholly supported by the Commonwealth of Virginia. The Port of Virginia is the second busiest general cargo port on the East Coast and the largest port in terms of total cargoes, which include bulk commodities such as coal and grain. The port complex consists of the Newport News Marine Terminal, Norfolk International Terminals, Portsmouth Marine Terminals, and the Virginia Inland Port. In fiscal year 2000, over 12 million tons of containerized cargo moved through the ports. Virginia's general cargo facilities are responsible for more than $800 million a year in commerce and tax revenue. Also, Hampton Roads ranks among the world's largest coal exporting ports--handling more than 50 tons annually. Virginia's ports are one of the few in this country capable of loading and unloading the new generation of container ships. I am concerned that the provision in section 211 relating to separable elements in subsection (b)(2), will deauthorize the 55-foot phases of this project within 1 year. This section fails to recognize that it makes good economic sense, from the federal and state perspective, to construct these large projects in phases. I would ask the Chairman if my understanding of this section is correct?

Mr. WARNER. I thank my colleague for his courtesy. I have listened carefully to the discussion between my colleagues. I would agree with the remarks of Senator Inhofe. The base closure process now in law should work its will in the case of Homestead Air Force Base according to the principles set forth in the law. No new layers of decision should be added as a result of the action we're taking here today.

Mr. WARNER. I thank the Chairman and I look forward to working with him on this issue. I have offered two provisions to clarify the intent of this section to the Chairman. I am aware that the Assistant Secretary of the Army's office also has provided technical assistance on this matter. I trust that before we conference with the House of Representatives, we will have language recommended by the Corps to correct the scope of this section. homestead air force base

Mr. WARNER

Mr. WARNER. I yield such time as the Senator from Ohio desires, but our colleague from Florida also seeks recognition.

Mr. WARNER. Mr. President, the Senator from Florida wishes to respond to a point I made. I suggest to the Chair we recognize our colleague from Florida. Of course, his time is under the control of the chairman of the committee.

Mr. WARNER. Will the Senator yield for a question on my time?

Mr. WARNER. In those few moments when I am able to take a vacation, I like to go to your State.

Mr. WARNER. I started there as a firefighter in 1943.

Mr. WARNER. I was a 15-year-old boy. But what are you going to tell the people in Billings, Missoula, Livingston? There is lots of Federal land out there. What percentage of your State is Federal land?

Mr. WARNER. It is a high percentage.

Mr. WARNER. Mr. President, I recognize that the senior Senator from Massachusetts is going to address the Senate for about an hour. It is my understanding, with his courtesy, that he will allow the Senator from Virginia to send to the desk an amendment and ask for its consideration, with the understanding that it will be laid aside for such period of time as the senior Senator from Massachusetts desires. Am I correct in that?

Mr. WARNER. I thank my good friend and colleague, the senior Senator from Massachusetts. I send to the desk, on behalf of myself and my colleague Senator Voinovich, an amendment. In two or three sentences, the amendment simply does the following: Since 1986, the Senate has operated under a law whereby projects built by the Corps of Engineers, pursuant to the process of authorizing projects, are then, upon completion, carried by the States--the financial burden of the operation and maintenance of those projects. The current legislation along the Everglades--and I am going to vote for the Everglades provision--changes that law by virtue of setting a precedent whereby the Federal taxpayer will pay half the cost of operation and maintenance for the life of the project. Now, with due respect to my distinguished chairman and good friend, Senator Smith, and others, who have written this legislation, I cannot understand any valid reason for changing a law that has been in effect for 14 years and served this Nation so well for this single project. My colleague from Ohio shares these concerns. That is the purpose of this amendment--to strike only a few words, providing the exception for this particular Florida project, and saying the Florida project will be treated just as all the other projects that have been authorized by the Congress in the past 14 years and presumably in the future. I yield the floor.

Mr. WARNER. Mr. President, before the Senator yields the floor--we served on the Environment Committee for 14 years--I have to bring to the attention of the Senate another project. It is called the Central Artery in Boston. There are those who affectionately refer to it as ``the big ditch'' which our late, highly respected and beloved Speaker of the House, Tip O'Neill, initiated. I went back and checked the record, I say to my friend from Oklahoma. I bear some of the responsibility because I was on this committee at this time. The first estimate for the big ditch was $1 billion. It is still unfinished. We have expended about $7 or $8 billion and the GAO estimate to finish it is $13.5 billion, underlining the importance of getting that chief engineer's report, which has been the law and the precedent of our committee for these many years. I thank the Senator.

Mr. WARNER. Will the Senator yield for a moment? I want to clarify, the charts of the Senator from Ohio are pre-1986 projects done by the Corps.

Mr. WARNER. That is the point. In other words, all of that magnitude of money, which was a $451 million shortfall last fiscal year, is for projects done prior to 1986. Since 1986, the States have paid for it and that is existing law. If you fail to maintain a project, a dam or a waterway, what happens? It deteriorates. The cement crumbles, the silt fills in, and it begins to degrade and begins to impact the safety of the citizens who rely on those projects for protection or navigation. This is a very serious program my distinguished colleague brings to the attention of the Senate, and I am so glad that the Senator clearly reiterated my message: It is not a Florida situation; it is all 50 States. When my colleagues vote, bear in mind how that vote affects this year and for years to come your State projects.

Mr. WARNER. Mr. President, if the Senator would yield, I would be happy to reply.

Mr. WARNER. Mr. President, my amendment goes to the operation and maintenance, which from 1986 on was 100-percent State responsibility. That is the amendment. The Senator, of course, quite properly is addressing, by way of background, the construction. And there are various formulas for cost sharing on construction. But he points out that they are paying 50 percent versus the 35 percent on the construction allocation of the State. But in fairness, the reason they are paying the higher is that there are some other than environmental projects here. This whole thing goes from Orlando to the tip of Florida. This is enormous. This is over half the State's length; is that correct?

Mr. WARNER. I am trying to draw some parallel for the average Member of Congress who deals with a dam or a waterway which is in a small portion, relatively speaking, of his or her State. This covers over half the State; isn't that correct?

Mr. WARNER. All right. What percentage, from Orlando to the tip?

Mr. WARNER. I thank my colleague for his courtesy. We will have more to say.