EPA Pesticide Testing

From the Washington Post: "By a wide margin, the Senate voted yesterday to bar the Environmental Protection Agency from using tests exposing human subjects to toxic chemicals when deciding whether to approve the marketing of pesticides.

"The Senate voted 60 to 37 in favor of an amendment sponsored by Sen. Barbara Boxer (D-Calif.) -- which came as lawmakers considered the EPA's annual spending bill -- that would impose a one-year moratorium, starting Oct. 1, on using such tests. Sixteen Republicans joined 44 Democrats in backing the measure; the House adopted identical language in May by voice vote. . . .

"It remained unclear whether Boxer's language will make it into law as part of the EPA's final budget. By a vote of 57 to 40, the Senate passed a measure by Sen. Conrad Burns (R-Mont.), who supports some human pesticide studies, that would allow the agency to use such tests, provided they meet certain ethical standards and their benefits outweigh the risks they pose to volunteers."

Senator Burns' amendment (S.AMDT. 1068) passed with Senate vote 161. Senator Boxer's amendment (S.AMDT. 1023) passed with Senate vote 162 less than an hour later. The amendments were considered and debated concurrently on the floor of the Senate; the transcript of the debate begins on page S7552 of the Congressional Record.

The current debate is related to an upcoming EPA proposal reported by the House Committee on Government Reform Minority Office.

Update: An article in today's Billings Gazette includes remarks by Senator Burns on his amendment.
"Burns defends vote against pesticide testing ban." Billings Gazette July 1, 2005.

Sources: "Senate votes to block pesticide tests on humans: Burns testifies for minority, could kill amendment in discussions with House." Missoulian June 30, 2005. A4.
"Senate Opposes Pesticide Tests on Humans." Washington Post June 30, 2005.

Fair and Reliable Medical Justice Act

From the Billings Gazette: "Sens. Max Baucus of Montana and Mike Enzi of Wyoming have introduced legislation aimed at streamlining the medical malpractice system. . . . The Fair and Reliable Medical Justice Act would provide $500,000 in seed money to help individual states develop one of three alternatives to resolve disputes arising from health care."

S. 1337, the Fair and Reliable Medical Justice Act, was introduced on June 29th and has been referred to the Senate Committee on Health, Education, Labor, and Pensions. The introduction to the bill begins on page S7635 of the Congressional Record, and the text of the bill itself begins on page S7637. Senator Baucus' remarks on the bill begin on page S7638, and his office issued a press release on the new bill.

Source: "Baucus, Enzi introduce malpractice legislation." Billings Gazette June 30, 2005.

Amtrak Funding

From the Billings Gazette: "Although briefly derailed by a 45-minute evacuation, the U.S. House of Representatives tentatively agreed Wednesday to restore the money needed to keep Amtrak and Montana's Empire Builder railroad up and running."

The LaTourette amendment (H.AMDT. 397) to the Transportation appropriations bill (H.R. 3058) was approved by a voice vote yesterday in the House of Representatives. Congressman Rehberg's statement before the House is recorded on page H5389 of the Congressional Record, and the Congressman's office issued a press release on yesterday's activities.

Source: "House backs full funding for Amtrak." Billings Gazette June 30, 2005.

Place Population Estimates: 2004

From the Missoulian: "Western Montana continues to grow, grow, grow, while Gallatin County leads the pack statewide, according to U.S. Census population estimates released Thursday.

"Missoula County ranked 10th among Montana counties for growth between 2000 and 2004, adding 3,216 people for a 3.4 percent increase.

"By contrast, Gallatin County jumped 11.5 percent, with 7,806 people squeezing in its borders.

"On the eastern plains, only the Billings area is growing, said University of Montana Bureau of Business and Economic Research analyst Jim Sylvester. 'That trend has been strong since the late '80s,' he said."

View the new Census data for Montana on the Census and Economic Information Center (CEIC) website: Annual Estimates of the Population for Incorporated Places, 2004. For data on other parts of the country, visit the Census Bureau Population Estimates website.

Source: "Western Montana population booming." Missoulian June 30, 2005. A1.

Energy Policy Act of 2005

From the New York Times: "The Senate overwhelmingly passed broad energy legislation on Tuesday, with its authors hoping the bill strikes a balance between traditional and alternative sources of power that can break a four-year Congressional stalemate over energy policy.

"By a bipartisan vote of 85 to 12, the Senate approved a bill that includes $14 billion in tax incentives for oil and gas production as well as development of wind, solar and other emerging energy sources. It also rewards buyers of energy-efficient appliances and hybrid cars. The measure includes an additional $36 billion in energy-related projects, though many of them will require additional approval by Congress."

You can read the text of the Energy Policy Act of 2005, H.R. 6, on THOMAS. The website also tracks the progress of this piece of legislation and links to the transcript of floor debates in the Congressional Record.

This bill passed the House on April 21 (roll call vote 132) and passed the Senate on June 28 (roll call vote 158). Since the Senate made amendments to the bill, the next step will be to get House approval of the amended version of the bill.

Source: "Senate passes comprehensive energy bill." Missoulian June 29, 2005. A5.
"Senate Passes Bill That Strives to Balance Oil and Alternatives." New York Times June 29, 2005.

President's Speech at Fort Bragg

From the Washington Post: "President Bush appealed to the American public Tuesday night to remember 'the lessons of September 11th' and not lose faith in the Iraq war effort despite unremitting violence, declaring in a prime-time address that 'the proper response is not retreat.'

"Surrounding himself with uniformed soldiers and standing before a backdrop emblazoned with American flags, Bush portrayed the two-year-old war in Iraq as the logical extension of a larger struggle that began when hijackers slammed passenger jets into the World Trade Center and the Pentagon in 2001. But with the public support wavering in recent polls, Bush spoke in blunt terms about the trauma in Iraq and the desire to bring troops home."

The full text and archived video of the President's speech at Fort Bragg is available on the White House website.

Representative Pelosi's statement after the speech is also available online.

Sources: "Bush Says War Is Worth Sacrifice: Address Urges Public to Back His Iraq Policy." Washington Post June 29, 2005.
"Democrats hit Bush for repeatedly raising 9-11 in speech." Billings Gazette June 29, 2005. A4.

MGM v. Grokster

From the New York Times: "The Supreme Court handed a major victory to the entertainment and recording industries on Monday by reinstating a copyright-infringement suit against two file-sharing services.

"In a unanimous opinion, the court strongly suggested that the services, Grokster and StreamCast Networks, should be found liable for the vast copyright infringement committed by those using their software to download music and movies."

MGM v. Grokster
Docket no. 04-480

Supreme Court opinion
Question presented
Merits briefs
Transcript of oral arguments

For background information, the Electronic Frontier Foundation (EFF) has linked to relevant materials, and the Federal Trade Commission has released a report, "Peer-to-Peer File-Sharing Technology: Consumer Protection and Competition Issues."

Sources: "Justices OK piracy suits vs. tech firms." Missoulian June 28, 2005. A1.
"Justices Reinstate Suits on Internet File Sharing." New York Times June 28, 2005.

Ten Commandments Cases

From Yahoo! News: "A divided U.S. Supreme Court declared on Monday it was unconstitutional to post framed copies of the Ten Commandments in county courthouses but permissible to have a commandments monument on the grounds of a state Capitol.

"The two 5-4 rulings on the politically charged issue involving Ten Commandments displays on government property came in a pair of cases that have been widely regarded as the most important of the court term concerning church-state separation."

McCreary County v. ACLU
Docket 03-1693

Supreme Court opinion
Questions presented
Merits briefs
Transcript of oral arguments

Van Orden v. Perry
Docket 03-1500

Supreme Court opinion
Question presented
Merits briefs
Transcript of oral arguments

Source: "Justices issue mixed rulings on Ten Commandments." Yahoo! News. June 27, 2005

Friday Resource Round-Up

Air Passenger Opinions on Security Screening Procedures (Bureau of Transportation Statistics)

Analysis of Speeding-Related Fatal Motor Vehicle Traffic Crashes (Department of Transportation)

Congressional Research Service (CRS) Reports
The University of North Texas is making a wide array of CRS Reports available to the public.

The Department of Justice's Terrorism Task Forces (DOJ Office of the Inspector General)

Digital Broadband Content: Music (Organisation for Economic Co-operation and Development: OECD)

Downing Street Memo
Related documents are available at DowningStreetMemo.com.

Engendering Bold Leadership: The President's Emergency Plan for AIDS Relief (hosted by the State Department)

First-Year Impacts of Four Title V, Section 510 Abstinence Education Programs (Department of Health and Human Services)

FM 1: Updated Army Field Manual

Forests on the Edge (U.S. Forest Service)

Gross State Product (Montana Census and Economic Information Center)

Health Information for International Travel, 2005-2006 (Yellow Book) (CDC)

Healthy Marriage Initiative: Activities and Accomplishments 2002–2004 (Administration for Children and Families, Department of Health and Human Services)

Human Pesticide Experiments (Committee on Government Reform - Minority Office)

Marijuana Use in Substate Areas (Department of Health and Human Services)

Occupational Injuries and Illnesses (Annual) (Bureau of Labor Statistics)

OPEC Revenues Fact Sheet (Department of Energy)

Peer-to-Peer File-Sharing Technology: Consumer Protection and Competition Issues (Federal Trade Commission)

Subject Line Labeling As a Weapon Against Spam: A CAN-SPAM Act Report to Congress (Federal Trade Commission)

Supplemental Educational Services: Non-Regulatory Guidance (Department of Education)

Trend Analysis of the Sex Ratio at Birth in the United States (CDC)

Bureau of Justice Statistics (BJS) Reports:

Family Violence Statistics: Including Statistics on Strangers and Acquaintances

Traffic Stop Data Collection Policies for State Police, 2004

Census Bureau Reports:

2002 Economic Census, Information, Geographic Area Series, United States: 2002

Census 2000 Brief, Household Income: 1999

Consumer Income, Alternative Income Estimates in the United States: 2003

Consumer Income, Alternative Poverty Estimates in the United States: 2003

Congressional Budget Office (CBO) Reports:

Prices for Brand-Name Drugs Under Selected Federal Programs

The Rebate Medicaid Receives on Brand-Name Prescription Drugs

The Role of the Economy in the Outlook for Social Security

General Accountability Office (GAO) Reports:

Clean Air Act: Emerging Mercury Control Technologies Have Shown Promising Results, but Data on Long-Term Performance Are Limited

Combating Nuclear Smuggling: Efforts to Deploy Radiation Detection Equipment in the United States and in Other Countries

Commercial Aviation: Preliminary Observations on Legacy Airlines' Financial Condition, Bankruptcy, and Pension Issues

Digital Television Transition: Questions on Administrative Costs of an Equipment Subsidy Program

Elections: Additional Data Could Help State and Local Elections Officials Maintain Accurate Voter Registration Lists

Health Centers And Rural Clinics: State and Federal Implementation Issues for Medicaid's New Payment System

Homeland Security: Actions Needed to Better Protect National Icons and Federal Office Buildings from Terrorism

Immigration Enforcement: Preliminary Observations on Employment Verification and Worksite Enforcement Efforts

Information Security: Key Considerations Related to Federal Implementation of Radio Frequency Identification Technology

Intellectual Property: U.S. Efforts have Contributed to Strengthened Laws Overseas, but Significant Enforcement Challenges Remain

Medicaid Drug Rebate Program: Inadequate Oversight Raises Concerns about Rebates Paid to States

Social Security Reform: Considerations for Individual Account Design

Social Security Reform: Preliminary Lessons from Other Countries' Experiences

National Center for Education Statistics (NCES) Reports:

2003-04 National Postsecondary Student Aid Study: Undergraduate Financial Aid Estimates for 2003-04 by Type of Institution

America's Public School Libraries: 1953–2000

Early Childhood Longitudinal Study, Birth Cohort: Methodology Report for the 9-Month Data Collection (2001-2002), Volume 2: Sampling

Waiting to Attend College: Undergraduates Who Delay Their Postsecondary Enrollment

Montana Help America Vote Act (HAVA)

From the June 10, 2005 Montana Secretary of State press release:
HELENA -- Secretary of State Brad Johnson today announced the start of a 30-day public comment period on amendments to the 2003 Montana Help America Vote Act plan drafted by his office.

The original plan was developed in response to the Help America Vote Act (HAVA), which Congress passed in October 2002. HAVA is intended to ensure that all Americans have an equal opportunity to vote. The federal law requires each state to replace punch-card ballots, make specialized voting equipment available in every polling place, and implement new statewide systems to address voter grievances, voter registration, and provisional balloting.

HAVA also requires each state to adopt a state plan that identifies priorities and specific steps the state will take to address election reform and bring the state into compliance with the new law. The state plan must be amended to reflect any material changes and to outline how goals of the plan were carried out.

“Amendments made to the preliminary plan take into consideration election law reforms passed by the 59th Montana Legislature, disability access issues, and other matters of importance to all Montanans,” Johnson said in making the announcement.

The amended plan is available at public libraries and county election offices and on the Secretary of State's website at http://www.sos.mt.gov/. Comments may be delivered by e-mail to Secretary of State Brad Johnson at soselection@mt.gov or by mail to P.O. Box 202801, Helena, MT 59620-2801. Deadline for comments is July 11.

Kelo v. City of New London

From the Billings Gazette: "Cities may bulldoze people's homes to make way for shopping malls or other private development, a divided Supreme Court ruled Thursday, giving local governments broad power to seize private property to generate tax revenue. . . . At least eight states - Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington - forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow a taking for private economic purposes or have not spoken clearly to the question."

Kelo et al v. City of New London
Docket no. 04-108

Supreme Court opinion
Question presented
Merits briefs
Transcript of oral arguments

Eminent domain is addressed in Article II, Section 29 of the Montana Constitution and in Title 70, Chapter 30 of the Montana Code Annotated (MCA).

Source: "Court OKs expanded power to take land." Billings Gazette June 24, 2005.

Wildfire Information

To keep an eye on wildfire danger in the region, check out several government websites:

National Interagency Fire Center
Provides current fire information, statistics, safety tips, and more.

Northern Rockies Coordination Center (NRCC)
This center includes Montana, northern Idaho, North Dakota, and Yellowstone National Park. The site provides current information on fire danger indicators, outlooks, the Northern Rockies Coordination Group, and other reports.

Rocky Mountain Area Predictive Services
Provides fire predictions, incident reports, and other data for areas just south of Montana.

Fire and Aviation Management
This site provides links to rich resources for fire management, fire science, the national fire plan, and more.

National Incident Information Center
Links to the Morning Report and the Large Incident Fire Map.

Sources: "Heat wave drying out West." Missoulian June 21, 2005. A2.
"Wildfires rage through the Southwest." Missoulian June 23, 2005. A2.

Wind Energy EIS

From the Bureau of Land Management (BLM) press release: "In remarks today before the Congressional Renewable Energy EXPO in Washington, D.C., Assistant Secretary of the Interior for Land and Minerals Management Rebecca Watson announced the completion and availability of a study that addresses the environmental, social and economic impacts associated with the development of wind energy on public lands. Watson noted that the study, The Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM-Administered Lands in the Western United States, focuses on public land administered by BLM in 11 western states, excluding Alaska." Montana is one of the eleven states.

You can read the full document on the BLM website. An EIS slide summary, annotated table of contents, summary of public scoping comments, and other documents are also available.

Source: "BLM completes sweeping 11-state environmental review on wind power." Missoulian June 22, 2005. A2. Associated Press article.

Cobell Settlement Proposal

From the Indian Trust press release: "Today, in an historic union prominent Native American leaders joined with the lead plaintiff, Elouise Cobell, in the landmark Cobell v. Norton case, to present the Trust Reform and Cobell Settlement Workgroup Principles as the basis of legislation that would resolve the nine-year court battle over the federal government’s admitted failure to account for trust funds held for Native Americans and reform the national trust management system that continues to plague Indian tribes and individuals who own cattle, timber, crops, oil & gas, and other resources. The trust funds belong to an estimated 500,000 individual Indians – monies that the government received for the proceeds from sales and leases of resources from the Indians’ lands. The Principles also set out a number of standards and principles for tribal and individual trust management."

View the settlement principles proposed by the Trust Reform and Cobell Settlement Workgroup on the Indian Trust website.

For further information, visit the Department of Interior Indian Trust page.

The Cobell v. Norton case was previously referenced on this blog on December 11, 2004 and February 24, 2005.

Source: "Indians offer lawsuit fix." Billings Gazette June 21, 2005.

John Bolton Nomination

From the New York Times: "For the second time in a month, Senate Democrats blocked a vote on Monday evening on the nomination of John R. Bolton to be ambassador to the United Nations, raising the possibility that President Bush will circumvent the confirmation process and appoint Mr. Bolton when Congress recesses."

View the discussion on the floor of the Senate in the Congressional Record beginning on page S6795. Also, see how senators voted in roll call vote 142.

For additional background information, read the Committee Report on Nomination of John R. Bolton issued by the Senate Foreign Relations Committee.

Sources: "Senate blocks vote on Bolton." Missoulian June 21, 2005. A3. Associated Press article.
"Democrats Block a Vote on Bolton for the Second Time." New York Times June 21, 2005.

Gallatin National Forest Expanded Social and Economic Effects Document

From the Gallatin National Forest press release: "Forest Supervisor Becki Heath announced today that copies of the expanded social and economic analysis for travel management planning in the Gallatin National Forest are now available for review. The analysis is available on the Forest website at www.fs.fed.us/r1/gallatin (click on Travel Planning), or a hard copy can be obtained at any Gallatin National Forest office."

View the Expanded Social and Economic Effects Document online. Or, contact one of the forest offices to obtain a hard copy.

For documents related to Gallatin National Forest's travel management plan, visit the forest's Travel Planning page.

Source: "Study: Effects of forest travel limited." Missoulian June 21, 2005. B4. Associated Press article.

Changes to Grazing Regulations

From the Bureau of Land Management (BLM) press release: "The Bureau of Land Management today announced the availability of a final environmental impact study that concludes upcoming grazing regulation changes will produce long-term benefits for public rangelands. An official notice of the study’s availability will be published in the Federal Register on Friday, June 17, 2005."

The Final EIS has been posted on the BLM website: Proposed Revisions to Grazing Regulations for the Public Lands: Final Environmental Impact Statement.

The June 17, 2005 Federal Register notice of EIS availability is also available: text version, PDF version.

The rule change was originally proposed in the December 8, 2003 Federal Register: text version, PDF version.

Source: "Interior issues new grazing lease rules." Missoulian June 20, 2005. B1. Associated Press article.

Service Note

FYI: Next week (June 13-17), posts on Government News for Montana will be infrequent due to vacation.

Friday Resource Round-Up

9-11 Public Discourse Project
This website continues the work of the 9-11 Commission and makes transcripts of meetings, testimony, and statements available to the public.

Annual Survey of Manufactures: Geographic Area Statistics, 2003
New data from the Census Bureau.

Competition and Intellectual Property in the U.S.: Licensing Freedom and the Limits of Antitrust
A report of R. Hewitt Pate, Assistant Attorney General, Antitrust Division U.S. Department of Justice.

Congressional Candidates Spent $1.16 Billion in 2003-04 Election Cycle
The Federal Election Commission has released campaign finance information for the 2004 primary and general elections.

Department of Homeland Security, Office of the Inspector General, Semiannual Report to the Congress
This regularly released report covers October 1, 2004–March 31, 2005.

Head Start Impact Study: First Year Findings
A research report from the Department of Health and Human Services (HHS).

Nixon and the FBI: The White House Tapes
The National Security Archive at George Washington University has posted links to audio and transcripts of the secret Watergate-era recordings. In honor of the recent revelation of the identity of Deep Throat, they have highlighted references to and a conversation with Mark Felt.

One Planet, Many People: Atlas of Our Changing Environment
A publication of the United Nations Environment Programme (UNEP).

Parallel Histories: Spain, the United States, and the American Frontier
The Library of Congress has relaunched this "bilingual, multi-format English-Spanish digital library site that explores the interactions between Spain and the United States in America from the fifteenth to the early nineteenth centuries."

Preliminary Uniform Crime Report 2004
The FBI has released the preliminary data for the 2004 Uniform Crime Report. The final report will be issued this fall.

Racial/Ethnic Disparities in Infant Mortality - United States, 1995-2002
A CDC Morbidity and Mortality Weekly Report article.

A Review of the FBI's Handling of Intelligence Information Related to the September 11 Attacks
A new, and currently in the news, document from the Department of Justice Office of the Inspector General regarding pre-9/11 levels of knowledge in the intelligence community.

Welcome to the United States: A Guide for New Immigrants
U.S. Citizenship and Immigration Services is making this manual available in more languages. "In addition to English, Spanish, Traditional Chinese, and Vietnamese, Welcome to the United States will be available online in Korean, Russian, Arabic, Tagalog, Portuguese, French, and Haitian Creole."

Bureau of Labor Statistics (BLS) Reports:

Employment Characteristics of Families

Work Experience of the Population

General Accountability Office (GAO) Reports:

Amtrak: Management and Accountability Issues Contribute to Unprofitability of Food and Beverage Service

National Park Service: Revenues Could Increase by Charging Allowed Fees for Some Special Uses Permits

Private Pensions: The Pension Benefit Guaranty Corporation and Long-Term Budgetary Challenges

Social Security: Coverage of Public Employees and Implications for Reform

Specialty Hospitals: Information on Potential New Facilities

USA Patriot Act: Additional Guidance Could Improve Implementation of Regulations Related to Customer Identification and Information Sharing Procedures

Seven Up Pete Venture v. The State of Montana

From the Missoulian: "A five-year legal showdown over Montana's historic ban on cyanide leach mining ended Wednesday when the Montana Supreme Court unanimously ruled that the ban did not deprive an out-of-state mining company of property or profit.

"The high court ruled 6-0 that Canyon Resources Corp., the principal player behind the hoped-for large open pit cyanide leach mine slated for Lincoln, did not have a mining permit when voters approved the cyanide ban in November 1998. Consequently, the company had no right to mine and lost nothing when Initiative 137 passed by a 52 percent to 48 percent margin."

The court documents (including the Supreme Court opinion) for the Seven Up Pete Venture v. The State of Montana case are available on the State Law Library website.

Initiative 137 is incorporated in the Montana Code Annotated under section 82-4-390.

Source: "Cyanide ban upheld by Montana Supreme Court." Missoulian June 9, 2005.

Country-of-Origin Labeling

From the Missoulian: "The House voted Wednesday to block the federal government from requiring labels telling grocery shoppers what country their meat comes from."

House vote 238 was on H.R. 2744, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2006 (a large spending bill for food and farm programs). The portion of the bill that blocks country-of-origin labeling is in Title VII, Section 759:

"None of the funds appropriated or otherwise made available by this Act shall be used for the implementation of Country of Origin Labeling for meat or meat products."

Representative Rehberg attempted to amend this section of the bill with House Amendment 232; however, this amendment did not pass (roll call vote 231). The country-of-origin labeling provision was passed as part of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171).

Source: "House votes to delay meat labels." Missoulian June 9, 2005. A2. Associated Press article.

U.S. State Pension Funds in the News

The Financial Times, June 1, 2005 (subscription) quoted Orin Kramer, chairman of the $700 billion New Jersey pension fund saying that "U.S. state pension funds are facing a shortfall of several hundred billion dollars and are in much worse shape than corporate pension funds."

Just in case anyone thinks state pension shortfalls are an East Coast problem read the following recent Montana news headlines:

The Daily Inter Lake, June 18th, 2005 headlines "State should fix pensions now."

The Billings Gazette, June 17, 2005 headlines "State panel backs pension analyses."

Here is the Legislative Audit Division State of Montana Report to the Legislature December 2004 Financial-Compliance Audit For the Two Fiscal Years Ended June 30, 2004 Public Employees' Retirement Board.

Northern Plains Resource Council v. BLM and Fidelity Exploration

From the Billings Gazette: "A federal judge this week invalidated the expansion of a coalbed methane field in southeastern Montana, saying the Bureau of Land Management's analysis of the project relies on a voided statewide environmental study.

"U.S. Magistrate Richard Anderson also ruled that the BLM failed to consult as required with the Northern Cheyenne Indian tribe on cultural resources before approving the project.

"Anderson ordered the halt of all operations, production and development at the Badger Hills project by Fidelity Exploration & Production Co. while further environmental study and consultation with the tribe are completed."

For additional information, view the District Court decision (which has been posted by the Northern Plains Resource Council). The 2003 Environmental Impact Statement is available on the Montana Department of Environmental Quality (DEQ) website, and the site-specific Badger Hills analysis is available on the Montana Board of Oil and Gas Conservation website.

Read the text of the National Historic Preservation Act of 1966, which is cited in the court opinion. And for further background information, visit the Fidelity Exploration and Production Company newsroom for coalbed methane and the Northern Plains Resource Council newsroom (which links to coalbed methane-related reports).

Source: "Federal judge rules to halt CBM project." Billings Gazette June 8, 2005.

Montana Migration Data

The Montana Census and Economic Information Center (CEIC) has posted detailed migration data for counties in Montana. The information is based on 2000 Census data and includes numerous characteristics (including gender, race, age, educational attainment, income, occupation, and marital status).

Look at the Highlights report for a summary of the data, and visit the "Selected Characteristics of Migrants and Non-Movers, 1995 to 2000" website for full details.

Gonzales v. Raich

From Yahoo! News: "Federal authorities may prosecute sick people whose doctors prescribe marijuana to ease pain, the Supreme Court ruled Monday, concluding that state laws don't protect users from a federal ban on the drug."

Gonzales v. Raich (formerly Ashcroft v. Raich)
Docket no. 03-1454

Supreme Court Opinion
Question presented
Merits briefs
Transcript of oral arguments

Medical Marijuana ProCon.org has posted court documents from the previous hearings of the case.

The Supreme Court opinion runs counter to Montana's Initiative 148 which established the Montana Medical Marijuana Program.

Update: An article appearing in the June 7, 2005, Missoulian includes remarks from Montana Attorney General Mike McGrath, who indicates that "people exercising their rights under that [state] law will not face state prosecution."

Sources: "Court Rules Against Pot for Sick People." Yahoo! News. June 6, 2005.
"Montana attorney general says state medical marijuana law is still valid." Missoulian June 7, 2005. A1.

Study of Bison Movements in Yellowstone

From the University of Calgary press release: "An in-depth study of Yellowstone National Park’s wild bison herds by a team of researchers from the University of Calgary’s Faculty of Environmental Design is providing park managers with valuable conclusions about the status of the population and addresses recent controversy about how the park’s grooming of roads in winter for snowmobile use affects the movement of bison."

The full text of the report is available on the Yellowstone National Park website: "The Ecology of Bison Movements and Distribution In and Beyond Yellowstone National Park."

Source: "Study looks at effect of groomed roads on bison." Missoulian June 4, 2005. A2. Associated Press article.

Friday Resource Round-Up

11 Most Endangered Historic Places 2005
The National Trust for Historic Preservation released their 2005 list today. On the list is the National Landscape Conservation System (NLCS), which includes Montana sites like the Upper Missouri River Breaks National Monument and Pompeys Pillar.

2002 Census of Agriculture Interactive Mapping Service
"USDA's National Agricultural Statistics Service (NASS) released today a new interactive mapping application for the 2002 Census of Agriculture Statistical Highlights. This application provides users the benefit of scaling the maps in order to create regionalized views of the mapped data."

2004 Report on Cost Estimates for Security Classification Activities
An annual report of the National Archives.

2005 Child Safety Seat Ease of Use Ratings
New ratings from the National Highway Traffic Safety Administration (NHTSA).

Department of Defense Base Structure Report: Fiscal Year 2005 Baseline
A look at the physical infrastructure of the Department of Defense.

Internet: An Overview of Key Technology Policy Issues Affecting Its Use and Growth
A Congressional Research Service (CRS) report posted by the Federation of American Scientists (FAS).

Joint Status Report on Microsoft's Compliance with the Final Judgments
A report on the United States v. Microsoft case from the Department of Justice Antitrust Division.

Juvenile Firesetting: A Research Overview
An Office of Justice Programs Juvenile Justice Bulletin.

Mass Fatality Incidents: A Guide for Human Forensic Identification
A new publication from the National Institute of Justice.

National Intelligence Estimates of the Nuclear Proliferation Problem: The First Ten Years, 1957-1967
The National Security Archive at George Washington University has assembled an impressive array of government materials relating to nuclear proliferation.

The Price and Purity of Illicit Drugs: 1981 Through the Second Quarter of 2003
A publication of the White House Office of National Drug Control Policy.

Safecar.gov
The "National Highway Traffic Safety Administration (NHTSA) today announced the completion of crash test and rollover ratings for passenger cars for the 2005 model year."

Spam Issues in Developing Countries
A report of the Organisation for Economic Co-operation and Development (OECD).

Substance Use During Pregnancy: 2002 and 2003 Update
A report from the National Survey on Drug Use and Health (part of the Department of Health and Human Services).

Trafficking in Persons Report, 2005
This annual report from the State Department was just released today.

U.S. House Prices Continue to Rise Rapidly
A report on the House Price Index from the Office of Federal Housing Enterprise Oversight (OFHEO).

Water for Life: Making It Happen
A WHO/UNICEF Joint Monitoring Programme report on drinking water and sanitation.

Women & Science: Statistics and Indicators
A new set of data available from the European Union (EU).

General Accountability Office (GAO) Reports:

Advanced Technology Program: Inherent Factors in Selection Process Are Likely to Limit Identification of Similar Research

Federal Disability Assistance: Wide Array of Programs Needs to be Examined in Light of 21st Century Challenges

Health Information Technology: HHS Is Taking Steps to Develop a National Strategy

Private Pensions: Recent Experiences of Large Defined Benefit Plans Illustrate Weaknesses in Funding Rules

Survey of Program Officials--Review of Federal Programs Supporting People with Disabilities

World Trade Organization: Global Trade Talks Back on Track, but Considerable Work Needed to Fulfill Ambitious Objectives

National Center for Education Statistics (NCES) Reports:

Adolescent Cigarette Smoking: A Longitudinal Analysis Through Young Adulthood

The Condition of Education, 2005

Rates of Computer and Internet Use by Children in Nursery School and Students in Kindergarten Through Twelfth Grade: 2003

The Road Less Traveled? Students Who Enroll in Multiple Institutions

Menotti v. City of Seattle

From the Missoulian: "The city had a right to block off part of downtown Seattle when World Trade Organization protests turned violent in 1999, a federal appeals court panel ruled Thursday. But the judges said the city may have gone too far in targeting only anti-WTO protesters within the restricted zone."

For further details, view the opinion of the court on the 9th Circuit Court of Appeals website:
Menotti v. City of Seattle
Appendix

Source: "Split decision for Seattle: Judges: WTO blockade OK, arrests raise questions." Missoulian June 3, 2005. A2. Associated Press article.

Small Business Health Fairness Act of 2005

From the Missoulian: "About 80 Missoula small-business owners and others listened to Rep. Denny Rehberg, R-Mont., in hopes of hearing about relief from rising health insurance costs.

"Rehberg was partway through a statewide tour to pitch the Small Business Health Fairness Act of 2005 at the main office of Lambros Real Estate on Wednesday morning. He hopes to convince small-business owners to pressure Montana's senators to support the bill."

Check on the status of H.R. 525, the Small Business Health Fairness Act of 2005, through THOMAS. The text of the bill and the related House Report 109-41 are also available. A similar bill, S. 406, has been introduced in the Senate.

Source: "Rehberg stumps for Health Fairness Act." Missoulian June 2, 2005. B1.

Arthur Andersen LLP v. United States

From the New York Times: "With a brief, pointed and unanimous opinion, the Supreme Court on Tuesday overturned Arthur Andersen's conviction for shredding Enron accounting documents as that company was collapsing in one of the nation's biggest corporate scandals.

"The court held that the trial judge's instructions to the jury failed to require the necessary proof that Andersen knew its actions were wrong." Links to information on the Supreme Court case are below.

Arthur Andersen LLP v. United States
Docket 04-368

Supreme Court decision
Question presented
Merits briefs
Transcript of oral arguments

Sources: "High court overturns Arthur Andersen convictions." Missoulian June 1, 2005. A4. Associated Press article.
"Justices Reject Auditor Verdict in Enron Scandal." New York Times June 1, 2005.

Passenger Rail Service in Montana

From the Missoulian: "Amtrak's Empire Builder passenger railroad may cut its stops in Montana if the state does not agree to support the service under a Bush administration plan U.S. Transportation Secretary Norman Mineta promoted Tuesday."

For more information, read the transcript of Norman Mineta's comments on passenger rail service in Montana. The Department of Transportation has assembled information on the Passenger Rail Investment Reform Act of 2005 which includes a FAQ, fact sheets, and the text of the legislation. The text of the bill and a CRS summary are also available through THOMAS.

Senators Burns and Baucus have made statements about Amtrak in Montana, and Governor Schweitzer is currently conducting a whistle stop tour across Montana. It may be helpful to review the Montana Department of Transportation report, "Analysis of the Economic Benefits of the Amtrak Empire Builder to Montana" and other Rail, Transit, and Planning Division reports. For another perspective, Amtrak released a new strategic document in the past few months: Amtrak Strategic Reform Initiatives (summary slides are also available).

Source: "Amtrak threatens to cut service." Missoulian June 1, 2005. B1.