Floor Statements

Mr. President, today, I join my colleagues, Senator Enzi and Senator Thune in introducing ``The Veterans Road to Health Care Act of 2005.''

Montana veterans are often forced to travel hundreds of miles throughout our great State to receive the healthcare they need. Whether traveling to the only Veterans' Administration (VA) hospital located just outside of Helena at Fort Harrison, or to one of the eight Community Based Outpatient Clinics, CBOCs, the distances traveled by our veterans is great. We have a lot of dirt between light bulbs in Montana. This distance, combined with the increase in gas prices and the cost of lodging for veterans and their families adds up quickly. Many of these folks do not have any other option for their health care, and I think that anything which can be done to help those who are travel eligible would be appreciated.

The Veterans Road to Health Care Act of 2005 would help ease this burden by raising the travel reimbursement rate for veterans who must travel to VA facilities for treatment. The current reimbursement rate of 11 cents per mile would be increased to the Federal rate of 40.5 cents per mile. It seems only fair that veterans who have sacrificed so much for this country receive the same compensation as Federal employees.

My bill would also allow payment under the Travel Beneficiary Program to veterans who cannot receive adequate care at their VA facility and are thereby forced to travel to another care center for specialized treatment. This referral to another facility for additional treatment often increases the costs for veterans from rural States like Montana, who must make another trip and sometimes travel even longer distances, for medical assistance.

It is important that veterans in rural areas receive fair compensation, as they travel to obtain healthcare. I want to acknowledge Senators Enzi and Thune for joining me in support of this bill. Their work on this and all other veterans' issues is to be commended, and I look forward to working with them and my other Senate colleagues to pass this important piece of legislation. We need to do this for veterans in Montana and other rural areas across the country.

Mr. President, this bill conveys 3.4 acres on the Beaverhead-Deerlodge National Forest to Jefferson County, MT for continued use as a cemetery.

The Elkhorn Cemetery in Jefferson County has been used as a cemetery since the 1860's. Due to surveying errors and limited information when the National Forest boundaries were surveyed in the early 1900's, the cemetery was included as National Forest lands. The cemetery is still in use by local families who homesteaded and worked the mines in the area. However, Forest Service manual direction strongly discourages burials on National Forest lands, placing both the families and Forest Service in an awkward position.

It is clear the cemetery should not have been included as part of the National Forest. The County Commissioners and the local public strongly support the conveyance.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, this bill conveys 3.4 acres on the Beaverhead-Deerlodge National Forest to Jefferson County, MT for continued use as a cemetery.

The Elkhorn Cemetery in Jefferson County has been used as a cemetery since the 1860's. Due to surveying errors and limited information when the National Forest boundaries were surveyed in the early 1900's, the cemetery was included as National Forest lands. The cemetery is still in use by local families who homesteaded and worked the mines in the area. However, Forest Service manual direction strongly discourages burials on National Forest lands, placing both the families and Forest Service in an awkward position.

It is clear the cemetery should not have been included as part of the National Forest. The County Commissioners and the local public strongly support the conveyance.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, the attacks of September 11, 2001 reminded us all that national security is of the utmost importance. Since then, we have worked to ensure the safety of this country. Still, there are gaps in our immigration and identification systems that need attention. Those with ties to terrorist organizations should not be given asylum or permission to live in this country where they can do harm. Barriers on our borders should be enhanced to adequately protect our national security. Driver's licenses and personal ID cards should be secure, and should not be given to terrorists or those who are in this country illegally.

There are provisions to address each of these concerns in the REAL ID Act of 2005, which has been attached to the Emergency Supplemental Appropriations Act. I have expressed my reservations about possible unforeseen costs to my State of Montana that these provisions could impose, particularly the costs of changing the system of issuing driver's licenses. Ultimately, however, I firmly believe that the fundamental aspects of this bill will make Montana, a border State where homeland security is of paramount concern, and our country safer and more secure in this era where illegal immigration is out of control and the security of our identification systems continues to be lacking. I am confident that any remaining funding issues can be worked out later in the implementation process. Our job now is to move forward, and make sure that these provisions are put into place with the best interest of this country in mind.

As I have said before, my State of Montana has one of the largest international borders. A lot of attention has been placed on border security lately, particularly on the northern border. I think we can all agree that the northern border has been historically understaffed and lacks the necessary infrastructure to adequately screen individuals seeking entry into the United States who wish to do us harm. I have always supported increasing the number of border patrol agents along Montana's northern border. It does not make sense for the Department of Homeland Security to heavily staff the southern borders while leaving large gaps wide open on the northern border. The end result is that those wanting to enter the United States illegally may focus on the less secured border regions of the north so that they may cross over undetected. Unfortunately, the grave threat of this happening along Montana's vast border remains a reality.

In view of this, during debate on the Emergency Supplemental Appropriations Act, I was a cosponsor of the Ensign amendment which was adopted that would increase the number of Border Patrol agents and provide funding for Border Patrol facilities. I am happy to report that the conferees reached a compromise that would provide $635 million for increased border security and enforcement; this includes $176 million to hire, train, equip, and support 500 Border Patrol agents and relieve current facility overcrowding. The supplemental also includes almost half a billion dollars for Immigration and Customs enforcement; $97.5 million of this would be used to hire and train additional criminal investigators and immigration enforcement agents.

I will always vote to protect our homeland and the safety of our citizens, and I encourage my colleagues to do the same as the Senate considers the supplemental for final passage.

Mr. President, I ask unanimous consent I may proceed as in morning business for the next 10 minutes.

Mr. President, yesterday we introduced a bill that would bring relief to some of the folks in my State of Montana. As you know, in the 1950s, nuclear testing was held in Nevada. Of course, from this testing, there was some radiation drift. The major source of this radiation comes from nuclear explosions from a Nevada test site, which is located about 65 miles north of Las Vegas.

In studies by the National Cancer Institute, and a report that was recently released by the National Academy of Sciences, we find that the State of Montana was left out of any compensation that was given to victims of downwind exposure to radiation. In fact, according to the National Cancer Institute, certain areas of Montana have been exposed to the highest dose, ranging from 12 rads to 16 rads. The National Cancer Institute's charts give you some idea of the effects of the nuclear test site in Nevada. Of course, up in our part of the country, we fall victim to southwesterly winds. If you notice, my State of Montana shows up with more darker red areas on the chart than any other region of the

United States, which means that we received some of the highest doses of radiation.

Montana is home to 15 of the 25 counties with the highest radiation dosage nationwide and the county receiving the highest dose in the country is Meagher County, MT.

Individuals who were affected from this nuclear testing are often called downwinders--because the wind carried the poisonous Iodine-131 north, when the gravity finally kicked in and it settled to the ground. People can be exposed to radiation from nuclear testing fallout through external radiation like a plume or a cloud passing over a region. They can also be exposed by radioactivity deposited on the ground and remaining there for long periods of time, or by the internal exposure to radioactivity that accumulates in the body from inhalation or ingestion of plants, meat or milk. Milk is the primary source of Iodine-131 and disproportionately affects milk drinkers. Who drinks milk? Children and babies who are the most vulnerable of our society.

This discussion leads us to the topic of thyroid cancer. The thyroid gland will absorb about 30 percent of radioactive Iodine-131 in the human body. Thyroid cancer is slow in development as it takes 10 to 40 years to manifest itself. This means that radiation exposure in the late 1950s might not manifest as cancer until the 1990s.

This chart compares the rates of thyroid cancer nationwide and in my state of Montana. Between years 1989 and 2003, the rate of thyroid cancer diagnosis nationwide increased by 38 percent. At the same time, the thyroid cancer rate in my State of Montana increased by a whopping 127 percent.

The 1990 Radiation Exposure Compensation Act and RECA Amendments of 2000 offer lump-sum payments of $50,000 to civilians who were living in States deemed as downwind from the nuclear testing in Nevada and who contracted a specific type of cancer. States where downwinders can currently receive compensation include Nevada, Utah, and Arizona. It is important to note that Montana was not included under this law. Yet a report just released by the National Academy of Sciences shows that Montana received the highest radiation dosage.

Accordingly, a most recent study on this issue shows the absorbed radiation dose to the thyroid of a person born in 1948 who resided for the entire period in Montana is 250 milligrays. This dosage is higher than most, if not all, regions presently eligible for compensation under RECA.

My bill, S. 977, would allow Montanans who were adversely affected by this nuclear testing to be counted among those folks currently eligible to receive $50,000 in compensation. Those eligible for $50,000 would also receive compensation in the form of free medical treatments for the diseases they have contracted from the exposure.

The fact is, Montanans were involuntarily subjected to increased risk of injury and disease in order to serve the national security interests of the United States, and they deserve our compassion and our support.

I strongly encourage my colleagues to support S. 977, to expand RECA to victims in the State of Montana.

I yield the floor.

Mr. President, in Montana, when someone does something to hurt someone else, they make it right. Not just because it is the right thing to do, but because in this State we shoot straight and take responsibility for our actions that's why I'm working to bring some of that Montana ethic to Washington to get the Federal Government to make amends for actions that have caused too many Montanans great pain and suffering.

Nuclear testing in Nevada during the 1950's threw blooms of radioactive Iodine-131, I-131, high into the atmosphere. Those who were affected are sometimes referred to as ``Down Winders'' because the wind carried the poisonous iodine north to Montana where gravity finally kicked in and the radioactive material settled to the ground. It eventually got into the milk supply--one of the primary sources of Iodine 131--and disproportionately affected milk drinkers. And who drinks milk? Children and babies, who are the most vulnerable in society.

Iodine-131 is absorbed by the thyroid--the organ of the body that uses iodine to produce important hormones. It can take between 20 and 40 years, but eventually the damage caused by Iodine-131 manifests itself as thyroid cancer. I've had cancer, and I understand the physical, mental and emotional pain that follows this terrible disease. I know the pain, and it is time that the government made right the harm it has caused to people in my State of Montana.

In 1990, the Radiation Exposure Compensation Act or RECA was signed into law. This measure provided financial compensation for victims living downwind of the Nevada Test Site to the tune of $50,000 per person. The law covered select counties in Nevada, Utah and Arizona. Later, this Act was amended to include compensation for uranium miners in Washington, Oregon, Idaho, Wyoming, North Dakota, South Dakota, Utah, Colorado, Arizona, New Mexico and Texas.

However, Montana, with 15 of the 25 counties with the highest dosage, Meagher, Broadwater, Beaverhead, Jefferson, Powell, Judith Basin, Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver Bow, Chouteau and Deer Lodge, single most affected county in the United States, Meagher, is the only State in the affected region to receive no RECA compensation at all. If that doesn't sound right, it's because it's not.

Montanans have experienced unbelievably high rates of thyroid cancer. Between 1989 and 2003, the national rate of thyroid cancer increased by 38 percent. In that same timeframe, Montana's rate increased by a whopping 127 percent. And yet, Montana is the only State in the region that is excluded from RECA. In 2000, the rate of reported thyroid cancer in Montana was 17.5 times greater than the national rate. And yet, Montana is the only State in the region that is excluded from

Mr. President, in Montana, when someone does something to hurt someone else, they make it right. Not just because it is the right thing to do, but because in this State we shoot straight and take responsibility for our actions that's why I'm working to bring some of that Montana ethic to Washington to get the Federal Government to make amends for actions that have caused too many Montanans great pain and suffering.

Nuclear testing in Nevada during the 1950's threw blooms of radioactive Iodine-131, I-131, high into the atmosphere. Those who were affected are sometimes referred to as ``Down Winders'' because the wind carried the poisonous iodine north to Montana where gravity finally kicked in and the radioactive material settled to the ground. It eventually got into the milk supply--one of the primary sources of Iodine 131--and disproportionately affected milk drinkers. And who drinks milk? Children and babies, who are the most vulnerable in society.

Iodine-131 is absorbed by the thyroid--the organ of the body that uses iodine to produce important hormones. It can take between 20 and 40 years, but eventually the damage caused by Iodine-131 manifests itself as thyroid cancer. I've had cancer, and I understand the physical, mental and emotional pain that follows this terrible disease. I know the pain, and it is time that the government made right the harm it has caused to people in my State of Montana.

In 1990, the Radiation Exposure Compensation Act or RECA was signed into law. This measure provided financial compensation for victims living downwind of the Nevada Test Site to the tune of $50,000 per person. The law covered select counties in Nevada, Utah and Arizona. Later, this Act was amended to include compensation for uranium miners in Washington, Oregon, Idaho, Wyoming, North Dakota, South Dakota, Utah, Colorado, Arizona, New Mexico and Texas.

However, Montana, with 15 of the 25 counties with the highest dosage, Meagher, Broadwater, Beaverhead, Jefferson, Powell, Judith Basin, Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver Bow, Chouteau and Deer Lodge, single most affected county in the United States, Meagher, is the only State in the affected region to receive no RECA compensation at all. If that doesn't sound right, it's because it's not.

Montanans have experienced unbelievably high rates of thyroid cancer. Between 1989 and 2003, the national rate of thyroid cancer increased by 38 percent. In that same timeframe, Montana's rate increased by a whopping 127 percent. And yet, Montana is the only State in the region that is excluded from RECA. In 2000, the rate of reported thyroid cancer in Montana was 17.5 times greater than the national rate. And yet, Montana is the only State in the region that is excluded from

Mr. President, today, I join my colleagues Senators Cantwell, Craig, Murray, and Smith, in support of S. 206, the Ice Age Floods National Geologic Trail Designation Act of 2005.

Thousands of years ago, Glacial Lake Missoula broke through its ice dam, releasing cataclysmic floods that forever changed the terrain of Montana, Idaho, Oregon, and Washington. This natural phenomenon is responsible for the unique beauty of western Montana. However, few people know the history behind our rugged landscape.

The Ice Age Floods National Geologic Trail Designation Act of 2005 designates a trail, primarily public roads and highways, from Missoula, Montana

to the Pacific Ocean, following the path of the great floods. Through this legislation, the National Park Service is responsible for coordinating public and private sector entities to present the story of the ice age floods to the public.

Many folks in my great State of Montana, including members of the Glacial Lake Missoula Chapter of the Ice Age Floods Institute, look forward to working with the National Park Service in a joint effort to educate the public. Additionally, designation of the Ice Age Floods Trail provides a tremendous opportunity for tourism and economic development in Montana.

I am also pleased S. 206 takes into consideration the concerns of local citizens and private property owners by limiting Federal land acquisition to 25 acres. These acres will be used only for administrative and public information purposes. As always, it is important to me that private property rights are respected and private property owners do not feel threatened by Federal land acquisitions.

I look forward to working with my Senate colleagues to pass this important piece of legislation for not only Montana but the entire Pacific Northwest.

Mr. President, this day is an important occasion for folks in my State of Montana. This afternoon, at 4 o'clock, the National Academy of Sciences will release an extensive report on health effects resulting from nuclear bomb tests that were carried out at the Nevada test site in the 1950s and 1960s.

For years now, Montanans and their loved ones have experienced the pain of developing various forms of cancer, most commonly, cancer of the thyroid, caused by exposure to this dangerous radiation. These cancers seemed to be a little too common among people living in certain areas of our State. According to the National Academy of Sciences, these innocent victims--mostly children and babies--who were living in Montana, were exposed to the highest dosages of radiation of any State in the Nation as a result ofthis nuclear testing; even more than Nevada, where the tests were actually conducted. You see, the radioactive iodine is the part that is dangerous. It was blasted high up into the atmosphere and the wind carried it north to Montana where it finally settled on the ground, then into the water and food supply.

Thyroid cancer takes around 10 to 40 years to develop. Radiation exposure in the late 1950s might not manifest in cancer until the late 1990s. While the national average for thyroid cancer has remained steady over the past 30 years, the rate of reported thyroid cancer in Montana has increased steadily. In 1980, Montana State had a rate of thyroid cancer 6.2 times the national average. In 1990, that rate had increased to 10.8 times the national average, and in 2000 the rate of reported thyroid cancer in Montana was almost 18 times the national average.

The 1990 Radiation Exposure Compensation Act, RECA, PL 101-426, established the Radiation Exposure Compensation Trust Fund for claims for injuries and death due to exposure from the Nevada testing. Under RECA, folks who were residing in parts of the States of Utah, Nevada, Arizona, Colorado, New Mexico during certain times in the 1950s received a substantial amount of compensation from the U.S. Government along with an apology. Research now proves the State of Montana was hit the hardest by this radiation; yet its victims are not eligible for compensation under RECA.

Not only do these folks deserve an apology from the U.S. Government, but they deserve this compensation. As a cancer survivor, I cannot begin to tell you the mental, emotional, physical and financial hardship these cancer victims have endured--in order to serve the national security interests of the United States.

I strongly recommend that we, as a Congress, apologize to these individuals and amend RECA to compensate folks from my State of Montana as well as other States who have been affected by this tragedy.

Mr. President, as the Senate begins the important task of debating the highway bill reauthorization, another critical infrastructure issue comes to mind: railroads. In Montana, we rely heavily on both passenger and freight rail for our transportation needs. However, Montana is served by only one major railroad, resulting in shippers being captive to little or no competition for price or service quality. That lack of competition hurts our competitiveness for agriculture and manufacturing. It drives up the cost of electricity, because of the increased costs for coal. Sometimes, it even costs us jobs in Montana.

To address the problems faced by many captive shippers, I am introducing today the Railroad Competition Act of 2005. I am joined by my colleagues, Senators Rockefeller, Dorgan, Craig, Dayton, Vitter, Thune, Johnson, Baucus, and Coleman. This legislation will extend competition to many captive rail customers and correct problems in the Surface Transportation Board's implementation of railroad deregulation. Specifically, the legislation ensures that rail customers will receive rate quotes for movements between various points on a railroad's system; frees regional and short line railroads to provide access to additional major systems; provides captive rail customers who cannot afford to participate in expensive rate challenge proceedings access to arbitration; and directs the STB to adopt a more realistic and workable rate reasonableness standard.

In addition to a lack of competition in many markets, the rail industry in America is badly in need of investment into its infrastructure. To address the infrastructure problem, the legislation increases ten-fold the current Railroad Rehabilitation and Infrastructure Financing program. The legislation also expands who is eligible for the loans and loan guarantees, so that qualified shipping entities can also invest in rail infrastructure.

This is about jobs, plain and simple. Last year, when the intermodal hub in Shelby, Montana was closed, over 40 jobs were lost. The Port Authority in Shelby reached out to the railroads to persuade them to keep the hub open, but without competition, the single supplier chose to close. Those jobs are real losses in Shelby, a town of a little over 3,000 people. As high rail rates make U.S. products less competitive, imports flow in to fill the gap--and that costs us jobs. I understand that the rail industry employs a lot of people, and I am glad for those jobs. But we can not let lack of choice and competition in price and service cost us jobs in other areas.

Since passage of the Staggers Act in 1980, the railroad industry has experienced significant consolidation, from over 40 major railroads down to 7. Roughly 35 percent of the rail traffic in America is captive, driving up the cost of transportation and placing a heavy burden on shippers.

Captive shippers, like my farmers in Montana, have nowhere to go to seek relief. The Surface Transportation Board, the watchdogs over the rail system, is a complicated and expensive mess that hardly provides a fair forum for disputes. To bring a rate reasonableness case, challenging the unfair rates charged to captive shippers, a rail customer must first file huge fees--fees that will double in the coming weeks. Then, the customer must construct a hypothetical railroad and prove to the STB that rail transportation theoretically can be provided at a lower fee. That process can cost over $2 million per case, and take years to see through. At the end, even if the shipper wins, all he gets is a lower fee in the future. Too often, damages for past overcharging are not awarded. Meanwhile, the railroad sits idly by, under no obligation to justify its rates, and continues to collect the exorbitant fees that are under dispute. This system can not stand.

The Railroad Competition Act of 2005 directs the STB to address this nonsensical system, and develops a final offer arbitration option, allowing shippers to take their case to a neutral arbiter. These provisions are necessary, not to

punish railroads, but to develop a level playing field that keeps my small businesses and agriculture producers in business.

Railroads are an essential part of our nation's infrastructure, a vast system that includes our highways, railroads, electric transmission lines, pipelines, and digital infrastructure. In a rural state like Montana, we rely on the rails to cover long distances efficiently, so rail must remain a viable shipping option. We need to achieve affordability, while still allowing sustainability for the railroads. There is a necessary public interest in our shared infrastructure, and the Railroad Competition Act of 2005 is designed to address legitimate public concerns, in Montana and around the nation, about rail operations. I look forward to working with my colleagues to secure passage of this important legislation.

Mr. President, today I am introducing legislation to address the difference between the import tariff placed on unfinished cork and refined cork. Unfinished cork has a higher import tariff than already-refined cork--this problem is in need of a resolution.

Unfinished cork is the principal element of a fishing pole's grip and must be imported as it is not available domestically. Many fishing rod companies reside in Montana, such as the R.L. Winston Rod Company of Twin Bridges. I am aware that fishing rod manufacturers, particularly fly-fishing rod manufacturers, are under pressure to increase the price of their equipment because of prohibitively high tariff on the import of unfinished cork.

While the tariff on already-finished cork is 6 percent, unfinished cork is subject to a 14 percent tariff. It just does not make good sense to charge a significantly higher levy on an unfinished product that is imported and then handcrafted by American workers.

This inconsistency must end by leveling the difference between the two tariffs. The reduction will enable American workers to continue manufacturing custom-made fishing rod grips, keep the price of all fishing poles down, and bring a measure of common sense to this portion of our tariff law. Once resolved, domestic businesses will be able to finish fly rods here, leading to an increasingly competitive place in the market for American goods. With this change Montana's small businesses will benefit as will our overall economy in the state.

I am pleased that some of my colleagues in the House have decided to assist in this effort. I truly appreciate the work of Representative Simmons of Connecticut, who is leading this legislation in the House. He has already signed on 17 co-sponsors to this legislation at last count. His assistance has been invaluable, and I look forward to working with him as this legislation moves forward.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, as the Senate begins the important task of debating the highway bill reauthorization, another critical infrastructure issue comes to mind: railroads. In Montana, we rely heavily on both passenger and freight rail for our transportation needs. However, Montana is served by only one major railroad, resulting in shippers being captive to little or no competition for price or service quality. That lack of competition hurts our competitiveness for agriculture and manufacturing. It drives up the cost of electricity, because of the increased costs for coal. Sometimes, it even costs us jobs in Montana.

To address the problems faced by many captive shippers, I am introducing today the Railroad Competition Act of 2005. I am joined by my colleagues, Senators Rockefeller, Dorgan, Craig, Dayton, Vitter, Thune, Johnson, Baucus, and Coleman. This legislation will extend competition to many captive rail customers and correct problems in the Surface Transportation Board's implementation of railroad deregulation. Specifically, the legislation ensures that rail customers will receive rate quotes for movements between various points on a railroad's system; frees regional and short line railroads to provide access to additional major systems; provides captive rail customers who cannot afford to participate in expensive rate challenge proceedings access to arbitration; and directs the STB to adopt a more realistic and workable rate reasonableness standard.

In addition to a lack of competition in many markets, the rail industry in America is badly in need of investment into its infrastructure. To address the infrastructure problem, the legislation increases ten-fold the current Railroad Rehabilitation and Infrastructure Financing program. The legislation also expands who is eligible for the loans and loan guarantees, so that qualified shipping entities can also invest in rail infrastructure.

This is about jobs, plain and simple. Last year, when the intermodal hub in Shelby, Montana was closed, over 40 jobs were lost. The Port Authority in Shelby reached out to the railroads to persuade them to keep the hub open, but without competition, the single supplier chose to close. Those jobs are real losses in Shelby, a town of a little over 3,000 people. As high rail rates make U.S. products less competitive, imports flow in to fill the gap--and that costs us jobs. I understand that the rail industry employs a lot of people, and I am glad for those jobs. But we can not let lack of choice and competition in price and service cost us jobs in other areas.

Since passage of the Staggers Act in 1980, the railroad industry has experienced significant consolidation, from over 40 major railroads down to 7. Roughly 35 percent of the rail traffic in America is captive, driving up the cost of transportation and placing a heavy burden on shippers.

Captive shippers, like my farmers in Montana, have nowhere to go to seek relief. The Surface Transportation Board, the watchdogs over the rail system, is a complicated and expensive mess that hardly provides a fair forum for disputes. To bring a rate reasonableness case, challenging the unfair rates charged to captive shippers, a rail customer must first file huge fees--fees that will double in the coming weeks. Then, the customer must construct a hypothetical railroad and prove to the STB that rail transportation theoretically can be provided at a lower fee. That process can cost over $2 million per case, and take years to see through. At the end, even if the shipper wins, all he gets is a lower fee in the future. Too often, damages for past overcharging are not awarded. Meanwhile, the railroad sits idly by, under no obligation to justify its rates, and continues to collect the exorbitant fees that are under dispute. This system can not stand.

The Railroad Competition Act of 2005 directs the STB to address this nonsensical system, and develops a final offer arbitration option, allowing shippers to take their case to a neutral arbiter. These provisions are necessary, not to

punish railroads, but to develop a level playing field that keeps my small businesses and agriculture producers in business.

Railroads are an essential part of our nation's infrastructure, a vast system that includes our highways, railroads, electric transmission lines, pipelines, and digital infrastructure. In a rural state like Montana, we rely on the rails to cover long distances efficiently, so rail must remain a viable shipping option. We need to achieve affordability, while still allowing sustainability for the railroads. There is a necessary public interest in our shared infrastructure, and the Railroad Competition Act of 2005 is designed to address legitimate public concerns, in Montana and around the nation, about rail operations. I look forward to working with my colleagues to secure passage of this important legislation.

Mr. President, today I am introducing legislation to address the difference between the import tariff placed on unfinished cork and refined cork. Unfinished cork has a higher import tariff than already-refined cork--this problem is in need of a resolution.

Unfinished cork is the principal element of a fishing pole's grip and must be imported as it is not available domestically. Many fishing rod companies reside in Montana, such as the R.L. Winston Rod Company of Twin Bridges. I am aware that fishing rod manufacturers, particularly fly-fishing rod manufacturers, are under pressure to increase the price of their equipment because of prohibitively high tariff on the import of unfinished cork.

While the tariff on already-finished cork is 6 percent, unfinished cork is subject to a 14 percent tariff. It just does not make good sense to charge a significantly higher levy on an unfinished product that is imported and then handcrafted by American workers.

This inconsistency must end by leveling the difference between the two tariffs. The reduction will enable American workers to continue manufacturing custom-made fishing rod grips, keep the price of all fishing poles down, and bring a measure of common sense to this portion of our tariff law. Once resolved, domestic businesses will be able to finish fly rods here, leading to an increasingly competitive place in the market for American goods. With this change Montana's small businesses will benefit as will our overall economy in the state.

I am pleased that some of my colleagues in the House have decided to assist in this effort. I truly appreciate the work of Representative Simmons of Connecticut, who is leading this legislation in the House. He has already signed on 17 co-sponsors to this legislation at last count. His assistance has been invaluable, and I look forward to working with him as this legislation moves forward.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, this bill conveys 3.4 acres on the Beaverhead-Deerlodge National Forest to Jefferson County, MT and 10 acres on the Kootenai National Forest to Sanders County, MT for continued use as cemeteries.

The Elkhorn Cemetery in Jefferson County has been used as a cemetery since the 1860's. Due to surveying errors and limited information when the National Forest boundaries were surveyed in the early 1900's, the cemetery was included as National Forest lands. The cemetery is still in use by local families who homesteaded and worked the mines in the area. However, Forest Service manual direction strongly discourages burials on National Forest lands, placing both the families and Forest Service in an awkward position.

The Noxon Cemetery is part of a Kootenai National Forest administrative site that is currently for sale. The cemetery has been used since at least 1910 and contains over 300 graves. Sanders County wants to protect the cemetery from potential damage, and the Forest Service wants to remove the encumbrance of the cemetery from the administrative site sale or future Federal ownership.

In both locations, it is clear the cemeteries should not have been included as part of the National Forest. The County Commissioners and the local public strongly support the conveyance.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, this bill conveys 3.4 acres on the Beaverhead-Deerlodge National Forest to Jefferson County, MT and 10 acres on the Kootenai National Forest to Sanders County, MT for continued use as cemeteries.

The Elkhorn Cemetery in Jefferson County has been used as a cemetery since the 1860's. Due to surveying errors and limited information when the National Forest boundaries were surveyed in the early 1900's, the cemetery was included as National Forest lands. The cemetery is still in use by local families who homesteaded and worked the mines in the area. However, Forest Service manual direction strongly discourages burials on National Forest lands, placing both the families and Forest Service in an awkward position.

The Noxon Cemetery is part of a Kootenai National Forest administrative site that is currently for sale. The cemetery has been used since at least 1910 and contains over 300 graves. Sanders County wants to protect the cemetery from potential damage, and the Forest Service wants to remove the encumbrance of the cemetery from the administrative site sale or future Federal ownership.

In both locations, it is clear the cemeteries should not have been included as part of the National Forest. The County Commissioners and the local public strongly support the conveyance.

I ask unanimous consent that the text of the bill be printed in the Record.

Madam President, on today's vote No. 108, I voted ``nay.'' My intention was to vote ``yea.'' I ask unanimous consent to change my vote. It will not affect the outcome of the vote on the amendment.