Jeff Bingaman: “let me speak briefly. I thank my colleague for yielding me some time to conclude my remarks here, and I compliment him…”

“let me speak briefly. I thank my colleague for yielding me some time to conclude my remarks here, and I compliment him on his statement. The Constitution is very clear. It says in article I of the Constitution--and Senator Byrd isn't on the floor, but he is usually reading this to us--that ``the Congress shall have the power''--then it lists a whole bunch of things--``to regulate commerce with foreign nations and among the several States and with the Indian tribes.'' This is a question of siting import and export terminals, so that we can conduct business with foreign nations. Clearly, there are major authorities that States and local governments have to participate in this process and to object. Anybody who has tried to site one of these terminals--and I have talked to several of them--will tell you there are a lot of people in the process who can say ``no'' and that ``no'' will stick. The States clearly are in that position. The States, under the Coastal Zone Management Act, have the ability to say no, if they do not determine that the permitting or that the applicant who is seeking a permit is consistent with the State's coastal laws. Under the Clean Water Act, the State can say no and deny a certification under section 411 if they determine that the proposal has not complied with the State water quality standards. There are a variety of places where the State can say no and, of course, local communities as well.…”